Endangered and Threatened Wildlife and Plants; Listing 23 Species on Oahu as Endangered and Designating Critical Habitat for 124 Species, 46362-46594 [2011-17162]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 76, Number 148 (Tuesday, August 2, 2011)]
[Proposed Rules]
[Pages 46362-46594]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17162]



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Vol. 76

Tuesday,

No. 148

August 2, 2011

Part II





Department of the Interior





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Fish and Wildlife Service





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50 CFR Part 17





Endangered and Threatened Wildlife and Plants; Listing 23 Species on 
Oahu as Endangered and Designating Critical Habitat for 124 Species; 
Proposed Rule

Federal Register / Vol. 76, No. 148 / Tuesday, August 2, 2011 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2010-0043; MO 92210-0-0009]
RIN 1018-AV49


Endangered and Threatened Wildlife and Plants; Listing 23 Species 
on Oahu as Endangered and Designating Critical Habitat for 124 Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
list 23 species on the island of Oahu in the Hawaiian Islands as 
endangered under the Endangered Species Act of 1973, as amended (Act). 
We also propose to designate critical habitat for these 23 species, to 
designate critical habitat for 2 plant species that are already listed 
as endangered, and revise critical habitat for 99 plant species that 
are already listed as endangered or threatened. The proposed critical 
habitat designation totals 43,491 acres (ac) (17,603 hectares (ha)), 
and includes occupied and unoccupied habitat. Approximately 93percent 
of the area being proposed as critical habitat is already designated as 
critical habitat for the 99 plant species or other species. In this 
proposed rule we are also proposing a taxonomic revision of the 
scientific names of nine plant species.

DATES: We will consider comments received on or postmarked on or before 
October 3, 2011. Please note that if you are using the Federal 
eRulemaking Portal (see ADDRESSES section below), the deadline for 
submitting an electronic comment is Eastern Time on this date. We must 
receive requests for public hearings, in writing, at the address shown 
in the FOR FURTHER INFORMATION CONTACT section by September 16, 2011.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. In 
the box that reads ``Enter Keyword or ID,'' enter the docket number for 
this proposed rule, which is FWS-R1-ES-2010-0043. Check the box that 
reads ``Open for Comments/Submission,'' and click the Search Button. 
You should then see an icon that reads ``Submit a Comment.'' Please 
ensure that you have found the correct rulemaking before submitting 
your comment.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R1-ES-2010-0043; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 
2042; Arlington, VA 22203.
    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: Loyal Mehrhoff, Field Supervisor, 
Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Box 
50088, Honolulu, HI 96850; by telephone at 808-792-9400; or by 
facsimile at 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 solicit comments 
or suggestions on this proposed rule from other concerned governmental 
agencies, the scientific community, industry, or other interested 
parties concerning this proposed rule. We particularly seek comments 
concerning:
    (1) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to the 23 species proposed for listing, 
and regulations that may be addressing those threats.
    (2) Additional information concerning the range, distribution, and 
population size of each of the 23 species proposed for listing, 
including the locations of any additional populations of these species.
    (3) Any information on the biological or ecological requirements of 
the 23 species proposed for listing.
    (4) Current or planned activities in the areas occupied by both the 
23 species proposed for listing and the additional 101 plant species 
proposed for critical habitat designation or revision, and possible 
impacts of these activities on this species.
    (5) The reasons why we should or should not designate habitat for 
all species in this proposal as ``critical habitat'' under section 4 of 
the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et 
seq.), including whether there are threats to these species from human 
activity, the degree of which can be expected to increase due to the 
designation, and whether the benefit of designation would outweigh 
threats to these species caused by the designation, such that the 
designation of critical habitat is prudent.
    (6) Whether a revision of critical habitat is warranted for the 99 
plant species already listed as endangered or threatened under the Act.
    (7) Specific information on:
     The amount and distribution of critical habitat for the 
species included in this proposed rule;
     What areas currently occupied, and that contain the 
necessary physical or biological features essential for the 
conservation of the species, we should include in the designation and 
why;
     Whether special management considerations or protections 
may be required for the physical or biological features essential to 
the conservation of the species in this proposed rule; and
     What areas not currently occupied are essential to the 
conservation of the species and why.
    (8) Land use designations and current or planned activities in the 
areas occupied by the species, and the possible impacts of proposed or 
revised critical habitat on these designations or activities.
    (9) Any foreseeable economic, national security, or other relevant 
impacts of designating any area as critical habitat. We are 
particularly interested in any impacts on small entities, and the 
benefits of including or excluding areas that exhibit these impacts.
    (10) Whether the benefits of excluding any particular area from 
critical habitat outweigh the benefits of including that area as 
critical habitat under section 4(b)(2) of the Act, after considering 
the potential impacts and benefits of the proposed critical habitat 
designation. Under section 4(b)(2), we may exclude an area from 
critical habitat if we determine that the benefits of such exclusion 
outweigh the benefits of including that particular area as critical 
habitat, unless failure to designate that specific area as critical 
habitat will result in the extinction of the species. We request 
specific information on:
     The benefits of including specific areas in the final 
designation and supporting rationale;
     The benefits of excluding specific areas from the final 
designation and supporting rationale; and
     Whether any specific exclusions may result in the 
extinction of the species and why.
    (11) Whether our exemptions under section 4(a)(3)(B)(i) of the Act 
of the lands on Department of Defense (DOD) land at Dillingham Military 
Reservation,

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Kahuku Training Area, Kawailoa Training Area, Makua Military 
Reservation, Schofield Barracks East Range, and Schofield Barracks 
Military Reservation, are or are not appropriate and why.
    (12) Information on the projected and reasonably likely impact of 
climate change on the species included in this proposed rule, and any 
special management needs or protections that may be needed in the 
critical habitat areas we are proposing.
    (13) 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.
    (14) Specific information on ways to improve the clarity of this 
rule as it pertains to completion of consultations under section 7 of 
the Act.
    (15) Comments on our proposal to revise the taxonomic 
classification for the nine plant species identified in this proposed 
rule.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in the ADDRESSES section. We request 
that you send comments only by the methods described in the ADDRESSES 
section.
    We will post your entire comment--including your personal 
identifying information--on https://www.regulations.gov. If you provide 
personal identifying information in addition to the required items 
specified in the previous paragraph, such as your street address, phone 
number, or e-mail address, 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.
    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 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

    It is our intent to discuss below only those topics directly 
relevant to the listing of and designation of critical habitat for the 
species in this proposed rule.

Previous Federal Action

    Nineteen of the 23 species proposed for listing are candidate 
species (75 FR 69222; November 10, 2010). 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 candidate species addressed in this proposed listing rule 
include the plants Bidens amplectens, Cyanea calycina, C. lanceolata, 
Cyrtandra kaulantha, C. sessilis, Doryopteris takeuchii, Korthalsella 
degeneri, Melicope christophersenii, M. hiiakae, M. makahae, Platydesma 
cornuta var. cornuta, P. cornuta var. decurrens, Pleomele forbesii, 
Psychotria hexandra ssp. oahuensis, Pteralyxia macrocarpa, and 
Zanthoxylum oahuense; and the blackline Hawaiian damselfly (Megalagrion 
nigrohamatum nigrolineatum), the crimson Hawaiian damselfly (M. 
leptodemas), and the oceanic Hawaiian damselfly (M. oceanicum). The 
candidate status of all of these species was most recently assessed and 
reaffirmed in the November 10, 2010, Notice of Review of Native Species 
that are Candidates for Listing as Threatened or Endangered (CNOR) (75 
FR 69222).
    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 19 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 19 candidate species listed above) in the CNORs 
dated May 11, 2005 (70 FR 24870), September 12, 2006 (71 FR 53756), 
December 6, 2007 (72 FR 69034), December 10, 2008 (73 FR 75176), 
November 9, 2009 (74 FR 57803), and November 10, 2010 (75 FR 69222).
    In addition to the 19 candidate species, we are proposing to list 
four species of plants endemic to Oahu, which include Cyanea 
purpurellifolia, Cyrtandra gracilis, C. waiolani, and Tetraplasandra 
lydgatei. These four Oahu plant species, as well as approximately 180 
others on the Hawaiian Islands, have been identified as the ``rarest of 
the rare'' Hawaiian plant species in need of immediate conservation, 
under the multi-agency (Federal, State, and private) Plant Extinction 
Prevention (PEP) Program. The goal of this program is to prevent the 
extinction of plant species that currently have fewer than 50 
individuals remaining in the wild on the islands of Kauai, Oahu, Maui, 
Molokai, Lanai, and Hawaii (Hawaii Division of Forestry and Wildlife 
(DOFAW) 2007; Service 2007). We believe these four endemic Oahu plant 
species warrant listing under the Act for the reasons discussed in the 
Summary of Factors Affecting the 23 Species Proposed for Listing 
section (below). Because these 4 plant species occur within 3 of the 7 
ecosystems identified in this proposed rule, and share common threats 
with the other 19 species proposed for listing under the Act, we have 
included them in this proposed rule to provide them with protection 
under the Act in an expeditious manner.
    On June 17, 2003, we published a final rule designating 
approximately 55,040 ac (22,274 ha) as critical habitat for 99 plant 
species on Oahu (68 FR 35950; June 17, 2003). If made final, this rule 
would supersede that designation. In addition, we are proposing 
critical habitat for two endangered plant species for which critical 
habitat has not been previously proposed or designated. When we listed 
the plant Chamaesyce skottsbergii var. skottsbergii in 1982 (47 FR 
36846), we found that the designation of critical habitat was not 
determinable, since we were unable to identify the biological needs of 
this species (see Proposed Taxonomic Name Changes below for additional 
information). When we listed the plant Achyranthes splendens var. 
rotundata as endangered in 1986 (58 FR 10518), we found that 
designation of critical habitat was not prudent because this plant was 
threatened by taking for lei-making, and the publication of plant 
locations could make this plant more vulnerable to collection by 
individuals. We have reviewed the best available information on both 
species, and have determined the designation of critical habitat is now 
prudent (see Prudency Determination below for additional information).

An Ecosystem-Based Approach to Listing 23 Species on Oahu

    On the island of Oahu, 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 ecosystems. Although the 
listing determination for each species is analyzed separately, we have

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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 ameliorating or eliminating 
these threats requires similar management actions. Effective management 
of these threats 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 not only to 
organize this proposed rule efficiently, but also to more effectively 
focus conservation management efforts on the common threats that occur 
across these ecosystems, restore ecosystem functionality 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 Bidens amplectens, Cyanea calycina, Cyanea 
lanceolata, Cyanea purpurellifolia, Cyrtandra gracilis, Cyrtandra 
kaulantha, Cyrtandra sessilis, Cyrtandra waiolani, Doryopteris 
takeuchii, Korthalsella degeneri, Melicope christophersenii, Melicope 
hiiakae, Melicope makahae, Platydesma cornuta var. cornuta, Platydesma 
cornuta var. decurrens, Pleomele forbesii, Psychotria hexandra ssp. 
oahuensis, Pteralyxia macrocarpa, Tetraplasandra lydgatei, and 
Zanthoxylum oahuense; and the blackline, crimson, and oceanic Hawaiian 
damselflies, endemic to the island of Oahu, as endangered species. 
These 23 species (20 plants and 3 damselflies) are found in 7 ecosystem 
types: coastal, lowland dry, lowland mesic, lowland wet, montane wet, 
dry cliff, and wet cliff (Table 1).

    Table 1--The 23 Species and the Ecosystems Upon Which They Depend
------------------------------------------------------------------------
          Ecosystem                             Species
------------------------------------------------------------------------
Coastal......................  Plants: Bidens amplectens.
Lowland Dry..................  Plants: Bidens amplectens, Doryopteris
                                takeuchii, Pleomele forbesii.
Lowland Mesic................  Plants: Cyanea calycina, Cyanea
                                lanceolata, Cyrtandra waiolani, Melicope
                                makahae, Platydesma cornuta var.
                                decurrens, Pleomele forbesii, Pteralyxia
                                macrocarpa, Tetraplasandra lydgatei.
                               Animals: oceanic Hawaiian damselfly.
Lowland Wet..................  Plants: Cyanea calycina, Cyanea
                                lanceolata, Cyanea purpurellifolia,
                                Cyrtandra gracilis, Cyrtandra kaulantha,
                                Cyrtandra sessilis, Cyrtandra waiolani,
                                Melicope hiiakae, Melicope makahae,
                                Platydesma cornuta var. cornuta,
                                Pleomele forbesii, Psychotria hexandra
                                ssp. oahuensis, Pteralyxia macrocarpa,
                                Zanthoxylum oahuense.
                               Animals: crimson Hawaiian damselfly,
                                blackline Hawaiian damselfly, oceanic
                                Hawaiian damselfly.
Montane Wet..................  Plants: Cyanea calycina, Melicope
                                christophersenii.
Dry Cliff....................  Plants: Korthalsella degeneri, Melicope
                                makahae, Platydesma cornuta var.
                                decurrens, Pleomele forbesii, Pteralyxia
                                macrocarpa.
Wet Cliff....................  Plants: Cyanea calycina, Cyanea
                                purpurellifolia, Cyrtandra kaulantha,
                                Cyrtandra sessilis, Melicope
                                christophersenii, Psychotria hexandra
                                ssp. oahuensis, Pterlyxia macrocarpa.
                               Animals: crimson Hawaiian damselfly,
                                oceanic Hawaiian damselfly.
------------------------------------------------------------------------

    Most of these species 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 nonnative plants is 
considered a threat to each species within each ecosystem. As a result, 
this threat factor is considered to be a multiple ecosystem 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, 
that is, threat factors that do not apply to all species under 
consideration within the same ecosystem. For example, the threat of 
predation by nonnative fish is unique to the three damselflies in this 
proposed rule; it 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.

An Ecosystem-Based Approach to Determining Physical or Biological 
Features of Critical Habitat

    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 proposed rule, we are proposing to designate 
critical habitat for the 23 Oahu species for which we are also 
proposing endangered status. We are also proposing to designate 
critical habitat for two Oahu plants that are already listed as 
endangered species but for which critical habitat has not been 
designated. In addition, we are proposing to revise critical habitat 
for 99 Oahu plants already listed as endangered or threatened species. 
When critical habitat was designated for these 99 Oahu plant species in 
2003 (68 FR 35950; June 17, 2003), it was based primarily on the 
specific localities where the species were known to occur. We are 
proposing to revise critical habitat for these species because since 
then, we have learned that many native Hawaiian plants and animals 
currently occupy only areas of marginal habitat because the threats are 
reduced in these areas, and can thrive when reintroduced into 
historical habitats when threats are effectively managed. For this 
reason, we believe it is important to designate unoccupied habitat 
where it is essential for the recovery of the species. Based on new 
information on plant occurrences and a better understanding of the 
species' biological requirements, the physical or biological features 
have been more precisely identified, and now include elevation, 
precipitation, substrate, canopy, subcanopy, and understory 
characteristics. We believe the added precision will be helpful in 
identifying the special management considerations or protections needed 
in specific occupied areas to recover the species. In addition, because 
the 2003 designation focused on discrete areas occupied by the species 
at the time of listing, the result was an overlapping and confusing 
patchwork of critical habitat areas for the 99 plant species that was 
difficult for the public to interpret. Although this proposed revision 
of critical habitat is solely based on occupied areas with physical or 
biological features essential to the

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species' conservation, and unoccupied areas that are essential to the 
species' conservation, we believe the end result will provide for 
greater public understanding of the conservation and recovery needs of 
each of the species in the specific areas addressed in this proposed 
rule.
    In this proposed rule, we propose critical habitat for 124 species 
in 66 multiple-species critical habitat units. 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 physical or biological features of the commonly 
shared ecosystem. Each critical habitat unit identified in this 
proposed rule contains the physical or biological features essential to 
the conservation of those individual species that occupy that 
particular unit, or contains areas essential to the conservation of 
those species that do not presently occupy that particular unit but 
depend on that ecosystem type for recovery purposes. Where the unit is 
not occupied by a particular species, we believe it is still essential 
for the conservation of that species. The designation of unoccupied 
habitat allows for the expansion of its range and reintroduction of 
individuals into areas where it occurred historically, and provides 
area for recovery in the case of a stochastic event at one or more 
locations where the species occurs.
    Each of the areas proposed for designation represents critical 
habitat for multiple species, based upon their shared habitat 
requirements, and takes into account any species-specific conservation 
needs as appropriate. For example, the presence of a perennial stream 
is essential for the conservation of the blackline Hawaiian damselfly, 
but is not a requirement shared by all species within the same 
ecosystem; however, a functioning ecosystem is also essential to the 
damselfly because the ecosystem provides other physical or biological 
features that support the damselfly's specific life-history 
requirements.

The Island of Oahu

    The island of Oahu is the third oldest and third largest of the 
eight main Hawaiian Islands, located southeast of Kauai and northwest 
of Molokai and Lanai (Foote et al. 1972, p. 19; Department of 
Geography, University of Hawaii at Hilo (UHH) 1998, p. 7). It was 
formed from two shield volcanoes that ceased erupting about 1 to 2 
million years ago, and is about 600 square (sq) miles (mi) (1,557 sq 
kilometers (km)) in area (Macdonald and Abbot 1970, p. 265; Foote et 
al. 1972, p. 19; Department of Geography, UHH 1998, p. 7). Two mountain 
ranges resulted from these eruptions, the western Waianae range and 
eastern Koolau range. Oahu is characterized by the fact that the two 
mountain ranges are aligned perpendicular to the prevailing trade 
winds, so that distinctive leeward and windward climates result, with 
the Waianae range in the rain shadow of the Koolau range (Department of 
Geography, UHH 1998, p. 7; Wagner et al. 1999, p. 39). The maximum 
elevation on Oahu is 4,025 feet (ft) (1,225 meters (m)) at the summit 
of Mount Kaala in the Waianae Mountains, and this higher elevation area 
is not affected by the rain shadow (Blumenstock and Price 1972, p. 156; 
Wagner et al. 1999, pp. 39-41). The maximum elevation is relatively low 
compared to the higher Hawaiian Islands. Consequently, Oahu does not 
have dry alpine areas, as the mountains do not reach the height of the 
temperature inversion layer (Wagner et al. 1999, pp. 38, 40). Rainfall 
ranges from less than 20 inches (in) (500 millimeters (mm)) to more 
than 250 in (6,350 mm) per year (Department of Geography, UHH 1998, p. 
7). Temperatures in the Hawaiian Islands differ by an average of 41 
degrees Fahrenheit ([deg]F) (22 degrees Celsius ([deg]C)) throughout 
the year. Since temperature decreases with increasing elevation, 
microclimates range from tropical to sub-arctic across the island chain 
(Wagner et al. 1999, pp. 37-38), although the sub-arctic zone does not 
occur on Oahu.
    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. Widely ranging geological ages of rocks, different rates of 
weathering, and microclimates create these highly variable soils 
(Sherman 1972, pp. 205-207). Most soils are volcanic in origin; a few 
formed from organic material and sand (Foote et al. 1972, p. 1). On 
Oahu, sizable areas of highly weathered, red-colored oxisols (nutrient 
poor soils, red or yellowish) occur on the Schofield Plateau; in 
contrast, the Koolau and Waianae mountain ranges have large areas of 
rocky, unweathered entisols (soils with few or no horizontal layers) 
due to erosion (Gavenda et al. 1998, p. 92).
    Because of its age and relative isolation, species diversity and 
endemism are high in the Hawaiian archipelago (Gagne and Cuddihy 1999, 
p. 45). However, the flora and fauna of Oahu have undergone extreme 
alterations because of past and present land use and other activities. 
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 contributed to the reduction in range of native 
species on the island (throughout this proposal, 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 proposed 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 animal 
species.

Oahu Ecosystems

    The seven Oahu ecosystems that support the species addressed in 
this proposed rule are described in the following sections.

Coastal

    The coastal ecosystem is found on all of the main Hawaiian Islands, 
with the highest species diversity found in the least populated coastal 
areas of Hawaii, Maui, Molokai, Kahoolawe, Oahu, and Kauai, and their 
associated islets. On Oahu, the coastal ecosystem includes mixed 
herblands, shrublands, and grasslands, from sea level to approximately 
980 ft (300 m) in elevation, generally within a narrow zone above the 
influence of waves to within 330 ft (100 m) inland, sometimes extending 
farther inland if strong prevailing onshore winds drive sea spray and 
sand dunes into the lowland zone (The Nature Conservancy (TNC) 2006a). 
The coastal vegetation zone is typically dry, with annual rainfall of 
less than 20 in (50 cm); however, windward rainfall may be high enough 
(up to 40 in (100 cm)) to support mesic-associated and sometimes wet-
associated vegetation (Gagne and Cuddihy 1999, pp. 54-66). Biological 
diversity is low to moderate in this ecosystem, but may include some 
specialized plants and animals such as nesting seabirds and the rare 
native plant Sesbania tomentosa (ohai) (TNC 2006a). The plant Bidens 
amplectens, which is proposed for listing as endangered in this 
proposed rule, is reported from this ecosystem on Oahu (Hawaii 
Biodiversity and Mapping Program (HBMP) 2008; TNC 2007).

Lowland Dry

    The lowland dry ecosystem includes shrublands and forests generally 
below

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3,300 ft (1,000 m) elevation that receive less than 50 in (130 
centimeters (cm)) annual rainfall, or are in otherwise prevailingly dry 
substrate conditions. Areas consisting of predominantly native species 
in the lowland dry ecosystem are now rare; however, this ecosystem is 
found on the islands of Hawaii, Molokai, Lanai, Kahoolawe, Oahu, and 
Kauai, and is best represented on the leeward sides of the islands 
(Gagne and Cuddihy 1999, p. 67). On Oahu, this ecosystem is typically 
found on the leeward side of the Waianae Mountains, and the leeward 
southern coast, including Diamond Head Crater (Gagne and Cuddihy 1999, 
p. 67; TNC 2006b). Biological diversity is low to moderate in this 
ecosystem, and includes specialized animals and plants such as the 
Hawaiian owl or pueo (Asio flammeus sandwichensis) and Santalum 
ellipticum (iliahialoe) (Wagner et al. 1999, pp. 1,220-1,221; TNC 
2006b). The plants Bidens amplectens, Doryopteris takeuchii, and 
Pleomele forbesii, which are proposed for listing as endangered in this 
proposed rule, are reported in this ecosystem on Oahu (HBMP 2008; TNC 
2007).

Lowland Mesic

    The lowland mesic ecosystem includes a variety of grasslands, 
shrublands, and forests, generally below 3,300 ft (1,000 m) elevation, 
that receive between 50 and 75 in (130 and 190 cm) annual rainfall, or 
are in otherwise mesic substrate conditions (TNC 2006c). In the 
Hawaiian Islands, this ecosystem is found on Hawaii, Maui, Molokai, 
Lanai, and Kauai, on both windward and leeward sides of the islands. On 
Oahu, this ecosystem is typically found on the leeward slopes of both 
the Waianae and Koolau Mountains (Gagne and Cuddihy 1999, p. 75; TNC 
2006c). Biological diversity is high in this system (TNC 2006c). The 
plants Cyanea calycina, C. lanceolata, Cyrtandra waiolani, Melicope 
makahae, Platydesma cornuta var. decurrens, Pleomele forbesii, 
Pteralyxia macrocarpa, and Tetraplasandra lydgatei, and the oceanic 
Hawaiian damselfly, which are proposed for listing as endangered in 
this proposed rule, are reported in this ecosystem (HBMP 2008; TNC 
2007).

Lowland Wet

    The lowland wet ecosystem is generally found below 3,300 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 2006d). These 
areas include a variety of wet grasslands, shrublands, and forests that 
receive greater than 75 in (190 cm) annual precipitation, or are in 
otherwise wet substrate conditions (TNC 2006d). On Oahu, this system is 
best developed in wet valleys and slopes along the summit of the Koolau 
Mountains, with a small area located on the windward side of the summit 
of the Waianae Mountains (TNC 2006d). Biological diversity is high in 
this system (TNC 2006d). The plants Cyanea calycina, C. lanceolata, C. 
purpurellifolia, Cyrtandra gracilis, C. kaulantha, C. sessilis, C. 
waiolani, Melicope hiiakae, M. makahae, Platydesma cornuta var. 
cornuta, Pleomele forbesii, Psychotria hexandra ssp. oahuensis, 
Pteralyxia macrocarpa, and Zanthoxylum oahuense; and the blackline, 
crimson, and oceanic Hawaiian damselflies, which are proposed for 
listing as endangered in this proposed rule, are reported in this 
ecosystem (HBMP 2008; TNC 2007).

Montane Wet

    The montane wet ecosystem is composed of natural communities 
(grasslands, shrublands, forests, and bogs) found at elevations 
generally between 3,300 and 6,600 ft (1,000 and 2,000 m), in areas 
where annual precipitation is greater than 75 in (190 cm) (TNC 2006e). 
This system is found on all of the main Hawaiian Islands except Niihau 
and Kahoolawe (only the islands of Molokai, Maui, and Hawaii have areas 
above 4,020 ft (1,225 m)) (TNC 2006e). On Oahu, this ecosystem is found 
only at the summit of the Waianae Mountains (TNC 2007). Biological 
diversity is moderate to high (TNC 2006e). Due to the restricted 
distribution of this ecosystem on Oahu, only the plants Cyanea calycina 
and Melicope christophersenii, which are proposed for listing as 
endangered in this proposed rule, are reported in this ecosystem (HBMP 
2008; TNC 2007).

Dry Cliff

    The dry cliff ecosystem is composed of vegetation communities 
occupying steep slopes (greater than 65 degrees) in areas that receive 
less than 75 in (190 cm) of rainfall annually, or are in otherwise dry 
substrate conditions (TNC 2006f). This ecosystem is found on all of the 
main Hawaiian Islands except Niihau, and on the island of Oahu is best 
represented along the leeward slopes of the Waianae Mountains (TNC 
2006f). A variety of shrublands occur within this ecosystem (TNC 
2006f). Biological diversity is low to moderate (TNC 2006f). The plants 
Korthalsella degeneri, Melicope makahae, Platydesma cornuta var. 
decurrens, Pleomele forbesii, and Pteralyxia macrocarpa, which are 
proposed for listing as endangered in this proposed rule, are reported 
in this ecosystem (HBMP 2008; TNC 2007).

Wet Cliff

    The wet cliff ecosystem is generally composed of shrublands on 
near-vertical slopes (greater than 65 degrees) in areas that receive 
more than 75 in (190 cm) of annual precipitation, or in otherwise wet 
substrate conditions (TNC 2006g). This system is found on the islands 
of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai. On Oahu, this 
ecosystem is typically found along the entire length of the summit of 
the Koolau Mountains and at the summit of Mt. Kaala in the Waianae 
Mountains (TNC 2006g). Biological diversity is low to moderate (TNC 
2006g). The plants Cyanea calycina, C. purpurellifolia, Cyrtandra 
kaulantha, C. sessilis, Melicope christophersenii, Psychotria hexandra 
ssp. oahuensis, Pteralyxia macrocarpa; and the crimson and oceanic 
Hawaiian damselflies, which are proposed for listing as endangered in 
this proposed rule, are reported in this ecosystem (HBMP 2008; TNC 
2007).

Species Description of the 23 Species Proposed for Listing

    Below is a brief description of each of the 23 species proposed for 
listing, presented in alphabetical order by genus. Plants are presented 
first, followed by animals.

Plants

    Bidens amplectens (kookoolau), a perennial or sometimes annual herb 
in the sunflower family (Asteraceae), is restricted to windward cliffs 
and crests along the northern portion of the Waianae Mountains on the 
island of Oahu, in the coastal and lowland dry ecosystems, at 
elevations between 300 and 1,400 ft (90 and 430 m) (Ganders and Nagata 
1999, p. 271; TNC 2007; HBMP 2008). This species intergrades with B. 
torta and forms hybrid swarms from near Kaena Point along the Waianae 
summit ridges to the head of Makua Valley (a hybrid swarm occurs where 
there is no reproductive barrier between distinct populations, or where 
a barrier has broken down). Pure B. amplectens is restricted to the 
windward cliffs and crests of the Waianae range (Ganders and Nagata 
1999, p. 271). Bidens amplectens was historically known from five 
locations spanning 7 mi (11 km) in the northern Waianae Mountains 
including Makaleha Valley, Uluhulu Gulch, Puu Pueo to Alau Gulch, 
Manini Gulch to Alau Gulch, and Nihoa Gulch (HBMP 2008).

[[Page 46367]]

At last observation, it totaled fewer than 1,000 individuals in four 
locations separated by less than 4 mi (6 km): Kealia Trail on the east 
side of Haili Gulch; Kapuna-Kamimi Ridge on the road to the Pahole 
Natural Area Reserve (NAR); Kealia east of Kawaiu Gulch; and from 
Kuaokala to Keawaula Ridge (J. Lau, in litt. 2001; HBMP 2008).
    Cyanea calycina (haha), an unbranched shrub in the bellflower 
family (Campanulaceae), is found in both the Waianae and Koolau 
Mountains of Oahu in the lowland mesic, lowland wet, montane wet, and 
wet cliff ecosystems (Lammers 1999, p. 483; Wagner and Herbst 2003, p. 
17; TNC 2007; HBMP 2008). In the Waianae Mountains, C. calycina occurs 
in Acacia-Metrosideros-Dicranopteris (koa-ohia-uluhe) forests at 
elevations between 1,800 and 3,920 ft (550 and 1,195 m), and in the 
Koolau Mountains this species occurs in wet Metrosideros-Dicranopteris 
forest and shrubland at elevations generally between 1,830 and 3,000 ft 
(558 and 900 m) (HBMP 2008). Historically, in the Waianae Mountains, 
plants were found from Palikea Gulch to Pualii Gulch (HBMP 2008). 
Currently, C. calycina is found from Pahole in the northern portion of 
the Waianae Mountains south along the summit to Palawai in 18 
occurrences totaling at least 170 individuals (U.S. Army 2006; HBMP 
2008). In the Koolau Mountains, C. calycina was known historically 
along the entire length of the range (HBMP 2008). Currently, 22 
occurrences totaling between 155 and 169 individuals are known, from 
the most northern point at Kamananui Gulch along the summit ridges 
south to Konahuanui (U.S. Army 2006; HBMP 2008). The combined 40 
occurrences total 325 to 339 individuals.
    Cyanea lanceolata (haha) is an unbranched shrub in the bellflower 
family (Campanulaceae) that occurs in the southeastern Koolau Mountains 
in the lowland mesic and lowland wet ecosystems, at elevations 
generally between 1,000 and 2,500 ft (300 and 760 m) (Wagner et al. 
1999, p. 483; Wagner and Herbst 2003, p. 17; TNC 2007; HBMP 2008). 
Historically, this species was wide-ranging along the Koolau Mountains, 
from the northern Schofield-Waikane area to Wailupe at the southern end 
of the range, in at least 17 occurrences (HBMP 2008). Currently, there 
are 7 known occurrences, totaling fewer than 123 individuals, sparsely 
scattered over a much smaller area of the southern and northern Koolau 
range. The southern occurrences include Kului-Hawaii Loa, Wailupe, 
Mauumae, and Waialae Nui, with an unconfirmed report of individuals in 
Pia Valley (HBMP 2008; J. Lau, in litt. 2008). The northern occurrences 
include individuals north of Kawaiiki Stream, at Poamoho, and at 
Peahinaia (U.S. Army 2006).
    Cyanea purpurellifolia (haha) is an unbranched shrub in the 
bellflower family (Campanulaceae) that occurs in the Koolau Mountains 
in the lowland wet and wet cliff ecosystems, at elevations generally 
between 1,860 and 2,160 ft (570 and 660 m) (TNC 2007; HBMP 2008). 
Historically, this species was known from a few individuals in the 
vicinity of Kaluanui Valley and north to Maakua-Papali Ridge (Lammers 
1999, p. 484; Wagner and Herbst 2003, p. 17; HBMP 2008). Currently, C. 
purpurellifolia occurs in the northern Koolau Mountains from Maakua-
Kaipapau to Punaluu-Kaluanui Ridge, in 5 occurrences totaling 
approximately 18 individuals (Plant Extinction Prevention (PEP) Program 
2008, pp. 20-21; HBMP 2008).
    Cyrtandra gracilis (haiwale) (Gesneriaceae, African violet family) 
is a perennial shrub that is found in Metrosideros-Dicranopteris forest 
in the lowland wet ecosystem at approximately 1,600 ft (490 m) in 
elevation, on the leeward side of the southern Koolau Mountains (Wagner 
et al. 1999, p. 755; National Tropical Botanical Garden (NTBG) 
Provenance Report 2004; TNC 2007; HBMP 2008; PEP Program 2008, p. 16). 
Presumed extinct since the 1800s, 10 individuals of C. gracilis were 
discovered by botanists in Pia Valley in 2001 (NTBG Provenance Report 
2002). Between 2001 and 2008, only six to eight plants were observed at 
this location (NTBG Provenance Report 2002; PEP Program 2008, p. 16; A. 
Bakutis, in litt. 2008). It is apparently extirpated from historical 
locations in Palolo Valley, Konahuanui Gulch, and Manoa Valley (Wagner 
et al. 1999, p. 755; HBMP 2008).
    Cyrtandra kaulantha (haiwale) is a perennial shrub in the African 
violet family (Gesneriaceae) found in dense shade in moist wooded 
gulches at elevations generally between 840 and 1,050 ft (255 and 320 
m), in the lowland wet and wet cliff ecosystems in the Koolau Mountains 
(Wagner et al. 1999, p. 763; TNC 2007; HBMP 2008). Cyrtandra kaulantha 
was historically known from the Waiahole Ditch trail and Kahanaiki 
Stream. It was considered ``locally common,'' and a collection was 
taken from a ``large colony'' in 1985 (W. Takeuchi, in litt. 1985; 
Wagner et al. 1999, p. 763; J. Lau, in litt. 2006). Prior to October 
2005, there were 34 wild individuals in 3 occurrences (15, 8, and 11 
individuals, respectively) in the subgulches of Waianu Valley (A. 
Bakutis, in litt. 2005). In 2005, the third occurrence was discovered 
crushed by a tree, leaving six living individuals (A. Bakutis, in litt. 
2005). In March 2006, it was reported that only one individual remained 
at the second occurrence, and that some individuals in the other two 
occurrences had fruit (A. Bakutis, in litt. 2006a). In addition, 4 more 
individuals were discovered at the site of the first occurrence, 
bringing the total number of wild individuals to 26 (Bakutis 2006a). In 
May 2006, another tree fall crushed 4 individuals in the third 
occurrence, leaving 2 remaining; however, a fourth occurrence of 4 
individuals was discovered in another subgulch, and 1 new individual 
was found in the first occurrence, bringing the total number of wild 
individuals to 27 (A. Bakutis, in litt. 2006a; Bakutis 2006b). All 
occurrences were visited again in April 2007, with a total of 28 wild 
individuals observed (PEP Program 2007, p. 17). Outplanting has been 
conducted in the four subgulches of Waianu Valley, but in areas some 
distance from the known occurrences. A total of 28 individuals were 
outplanted between 2005 and 2007. However, due to predation by 
nonnative slugs, only 12 outplanted individuals remained in 2007 (PEP 
Program 2007, p. 17). Cyrtandra kaulantha is therefore currently found 
in 5 occurrences totaling 28 wild and 12 outplanted individuals.
    Cyrtandra sessilis (haiwale) (Gesneriaceae, African violet family) 
is a small shrub that was historically known only from a few 
collections in wet gulch bottoms and slopes of mesic valleys in the 
windward Koolau Mountains (Wagner et al. 1999, p. 778). Typical habitat 
is Metrosideros forests at elevations generally between 1,600 and 2,200 
ft (490 and 670 m) in the lowland wet and wet cliff ecosystems (TNC 
2007; HBMP 2008; A. Bakutis, in litt. 2008). In 1993, there were about 
200 individuals in the only known occurrence near the summit of the 
Schofield-Waikane Trail (HBMP 2008). In 2003, there were an estimated 
50 individuals in 2 occurrences (S. Perlman, in litt. 2003). Cyrtandra 
sessilis is currently known from 2 occurrences, one consisting of 75 
individuals along the Waikane-Schofield Trail in Kahana Valley and the 
second consisting of 5 individuals at Hawaii Loa Ridge near Pia Valley 
(S. Perlman, in litt. 2003; A. Bakutis, in litt. 2006c; HBMP 2008; A. 
Bakutis, in litt. 2008).
    Cyrtandra waiolani (haiwale), a small shrub in the African violet 
family (Gesneriaceae), is found in rich, partly sunny gulches; shady, 
moist banks above creeks; and wet gulch bottoms in

[[Page 46368]]

mesic valleys in the lowland mesic and lowland wet ecosystems (Wagner 
et al. 1999, p. 781; HBMP 2008). Cyrtandra waiolani was historically 
known from at least seven locations: five in the southern Koolau 
Mountains and two in the northern Koolau Mountains, at elevations 
generally between 800 and 3,000 ft (240 and 900 m) (HBMP 2008). Plants 
have not been since observed in these areas (HBMP 2008). Individuals 
likely representing C. waiolani, based on vegetative characteristics, 
were seen in 1994 along the ridge between Kaipapau and Maakua, and in 
2005 in Kahana, but these plants are no longer alive (J. Lau, in litt. 
2009). In 2005, individuals thought to be C. waiolani were found on the 
Kualono Ridge near Kaaawa; however, these plants were not flowering or 
fruiting at that time. Cuttings were taken for propagation and positive 
identification when flowering and fruiting occur (Hawaii Department of 
Land and Natural Resources (HDLNR) 2005; U.S. Army 2006; A. Bakutis, in 
litt. 2008; S. Ching, PEP, in litt. 2009; J. Lau, in litt. 2009). Many 
areas within the lowland mesic ecosystem in Kaaawa in the Koolau 
Mountains have not been surveyed for this species, including three of 
the historically known locations from Anahulu to Lanihuli. The Koolau 
mountain range is over 35 mi (58 km) in length. Historic surveys that 
we have records of from the 1800s did not cover the entire mountain 
range, but collections were made at seven widely distributed locations 
along the 35-mi (58-km) range. In the 1800s, forests in the Koolau 
Mountains were more intact at the summits; therefore, we believe that 
if seven collections were made, there were many more individuals in the 
wild. The plants were only known from a ridge between Kaipapau and 
Maakua in 1994, and from Kahana in 2005, but those plants are no longer 
present, which represents a population decline from seven (and more 
than seven historically) to zero. Botanists suggest that the species is 
likely still extant in these areas and may be found with more intensive 
surveying (Bakutis 2008a; J. Lau, in litt. 2009).
    Doryopteris takeuchii (no common name (NCN)) is a fern in the 
Pteridaceae family (Palmer 2003, p. 133). It occurs in dry shrubland on 
the slopes of Diamond Head Crater, a volcanic tuff cone on the southern 
coast of Oahu, at elevations generally between 140 and 300 ft (43 and 
91 m) (NTBG 2007, p.1). This area consists of pockets of native and 
nonnative species in the lowland dry ecosystem (TNC 2007). Little is 
known of the historical distribution of D. takeuchii. Currently, there 
are 101 to 124 clumps on the Kuilei cliffs and the southwest-facing 
gulches above Munro Trail on the outer slopes of the crater (NTBG 2007, 
p. 1).
    Korthalsella degeneri (hulumoa), a subshrub (a perennial with stems 
that are woody at the base) in the mistletoe family (Viscaceae), is 
parasitic on the native trees Sapindus oahuensis (kaulu) and Nestegis 
sandwicensis (olopua) (Wagner et al. 1999, p. 1,339). This species 
occurs in diverse forest in the dry cliff ecosystem at elevations 
generally between 1,100 and 1,500 ft (335 and 457 m) in the Waianae 
Mountains (U.S. Army 2006; TNC 2007; HBMP 2008). In 1938, K. degeneri 
was recorded from Makua Valley but little else is known of its 
historical range (HBMP 2008). Currently, this species is known only 
from one widespread occurrence in Makua Valley, estimated to be between 
900 and 1,000 individuals (J. Lau, in litt. 2000), and one occurrence 
of an unknown number of individuals in Makaha on the north-facing 
slopes of the southern side of the valley (U.S. Army 2006).
    Melicope christophersenii (alani), a shrub or tree in the rue 
family (Rutaceae), occurs in wet forest and shrubland in the montane 
wet and wet cliff ecosystems at elevations generally between 2,400 and 
4,010 ft (732 and 1,222 m) in the Waianae Mountains (Stone et al. 1999, 
pp. 1,184-1,185; U.S. Army 2006; TNC 2007; HBMP 2008). Historically, M. 
christophersenii was known from the Mt. Kaala area of the Waianae 
Mountains, and as far south as Puu Kaua (HBMP 2008). Currently, there 
are 3 occurrences totaling approximately 250 individuals in the Waianae 
summit area, with the southernmost occurrence at Puu Hapapa (U.S. Army 
2006; HBMP 2008).
    Melicope hiiakae (alani) is a small tree in the rue family 
(Rutaceae) that occurs in wet forest in the lowland wet ecosystem in 
the Koolau Mountains, generally between elevations of 1,300 and 2,260 
ft (396 and 689 m) (U.S. Army 2006; NTBG 2007, p. 3; TNC 2007; HBMP 
2008). Historically, M. hiiakae was found along the entire length of 
the Koolau range (HBMP 2008). Currently there are 8 scattered 
occurrences totaling fewer than 40 individuals from Kawailoa to Waimalu 
(NTBG 2007, p. 3; HBMP 2008).
    Melicope makahae (alani), a shrubby tree in the rue family 
(Rutaceae), occurs in mesic and wet forest and shrubland in the lowland 
mesic, lowland wet, and dry cliff ecosystems in the Waianae Mountains, 
at elevations generally between 2,200 and 2,900 ft (670 and 884 m) 
(Stone et al. 1999, p. 1,194; U.S. Army 2006; TNC 2007; HBMP 2008). 
Historically, M. makahae was found in the central summit area of the 
Waianae Mountains on the west side of Mt. Kaala in Makaha Valley (Stone 
1963, p. 410; TNC 2007). Currently, there are 4 occurrences totaling 
fewer than 200 individuals north and west of the summit area of the 
Waianae Mountains (HBMP 2008).
    Platydesma cornuta var. cornuta (NCN) is a palmoid (leaves dividing 
or radiating from one point) shrub in the rue family (Rutaceae) (Stone 
et al. 1999, pp. 1,209-1,210). It occurs in wet forest, shrubland, and 
gulches in the lowland wet ecosystem of the Koolau Mountains, at 
elevations generally between 1,900 and 2,500 ft (579 and 762 m) (U.S. 
Army 2006; TNC 2007; HBMP 2008). Historically, this species was found 
along the entire length of the Koolau range, and at elevations below 
800 ft, from Pupukea to Wailupe Valley (HBMP 2008). Currently, 9 
occurrences (totaling 32 individuals) are restricted to the summit area 
of the northern Koolau Mountains, with only 1 occurrence (16 
individuals) near the summit of the southern Koolau Mountains (HBMP 
2008).
    Platydesma cornuta var. decurrens (NCN), a palmoid shrub in the rue 
family (Rutaceae), occurs in the lowland mesic and dry cliff ecosystems 
of the Waianae Mountains, at elevations generally between 1,990 and 
3,000 ft (607 and 914 m) (Stone et al. 1999, pp. 1,209-1,210; U.S. Army 
2006; TNC 2007; HBMP 2008). Historically this species was wide-ranging 
in the Waianae Mountains, from the Mokuleia Forest Reserve south to 
Kaluaa (TNC 2007; HBMP 2008). Currently, P. cornuta var. decurrens is 
found in 15 occurrences scattered from Pahole to Palawai Gulch, 
totaling 259 to 309 individuals (U.S. Army 2006; HBMP 2008).
    Pleomele forbesii (hala pepe) is a tree in the asparagus 
(Asparagaceae) family (Smithsonian Department of Botany 2008). It 
occurs in mesic and dry forest and shrubland in the lowland dry, 
lowland mesic, lowland wet, and dry cliff ecosystems in the Waianae and 
Koolau Mountains, at elevations generally between 800 and 2,920 ft (244 
and 890 m) (Wagner et al. 1999, p. 1,352; TNC 2007; HBMP 2008). 
Historically, P. forbesii was found in at least 11 areas, totaling an 
unknown number of individuals, in the Waianae Mountains (HBMP 2008). 
Currently, there are approximately 19 occurrences totaling 290 to 307 
individuals, from the Mokuleia Forest Reserve, west to Keaau and south 
to Nanakuli, in the Waianae Mountains, and one occurrence of a few

[[Page 46369]]

individuals in the Koolau Mountains (J. Lau, in litt. 2008; HBMP 2008).
    Psychotria hexandra ssp. oahuensis (kopiko), a tree in the coffee 
family (Rubiaceae), occurs in wet forest and shrubland in the lowland 
wet and wet cliff ecosystems of the Koolau Mountains, at elevations 
generally between 1,080 and 2,000 ft (329 and 610 m) (Wagner et al. 
1999, p. 1,166; TNC 2007; HBMP 2008). Historically known only from the 
northern Koolau Mountains, this species is currently known from three 
occurrences in that area: one occurrence of 8 to 9 individuals in 
Maakua Gulch; 1 individual at Opaeula Gulch; and an estimated fewer 
than 10 individuals scattered between Kaipapau and Kaluanui, just south 
of Maakua Gulch (A. Bakutis, in litt. 2005; U.S. Army 2006; PEP Program 
2007, p. 25; HBMP 2008). A single individual was outplanted within a 
fenced area in Makaua Valley (February 2007) and has been observed to 
be healthy in subsequent monitoring visits (PEP Program 2007, p. 25).
    Pteralyxia macrocarpa (kaulu) is a tree in the dogbane family 
(Apocynaceae). It occurs in the Waianae and Koolau Mountains, in the 
lowland mesic, lowland wet, dry cliff, and wet cliff ecosystems, at 
elevations generally between 1,100 and 2,800 ft (335 and 850 m) (Wagner 
et al. 1999, p. 220; U.S. Army 2006; TNC 2007; HBMP 2008). 
Historically, this species was found along the entire length of the 
Koolau range and on the summit ridges of the Waianae Mountains (HBMP 
2008). Currently, P. macrocarpa is found from Kapuhi Gulch to North 
Palawai Gulch in the Waianae Mountains, in approximately 31 occurrences 
totaling between 233 and 289 individuals. In the Koolau Mountains, 7 
occurrences totaling 47 individuals occur in the most northern portion 
of this mountain range, while only 11 individuals in 2 occurrences are 
found in the southernmost portion of the range (U.S. Army 2006; HBMP 
2008).
    Tetraplasandra lydgatei (NCN), a tree in the ginseng family 
(Araliaceae), is found in mesic forest in the lowland mesic ecosystem 
at elevations generally between 800 and 1,600 ft (240 and 490 m) in the 
Koolau Mountains (Motley 2005, p. 107; TNC 2007). In 2005, Motley 
formally recognized T. lydgatei as distinct from T. oahuensis (Motley 
2005; p. 105), and all known occurrences were surveyed at that time 
(PEP Program 2007, pp. 27-28). Formerly found from Niu Valley to the 
Halawa Ridge Trail, its distribution is now limited to two wild 
occurrences: one on the eastern slope of Hawaii Loa Ridge and another 
on the slopes of Kuliouou Valley. These occurrences total eight 
individuals (PEP Program 2007, pp. 27-28). In addition, 34 individuals 
have been outplanted in a fenced enclosure at Kulepeamoa Ridge (PEP 
Program 2007, p. 28).
    Zanthoxylum oahuense (ae), a small tree in the rue family 
(Rutaceae), occurs in wet forest in the lowland wet ecosystem at 
elevations generally between 2,060 and 2,720 ft (628 and 829 m) (Wagner 
et al. 1999, p. 1,216; TNC 2007; HBMP 2008). This species was 
historically known from 17 areas along the entire length of the Koolau 
Mountains (HBMP 2008). Currently, Z. oahuense is restricted to the 
northern Koolau Mountains from Puu Kainapuaa along the summit to 
Waimano Stream, in 8 occurrences totaling approximately 29 individuals 
(U.S Army 2006; HBMP 2008).

Animals

    The crimson Hawaiian damselfly is a medium-sized, slender and 
delicate species, with adults measuring from 1.4 to 1.6 in (36 to 41 
mm) in length and having a wingspan of 1.5 to 1.6 in (39 to 42 mm). The 
species exhibits minimal striping and patterns. Males are primarily red 
and black in color, with females appearing somewhat paler and with 
green coloration present on the abdomen laterally (Polhemus and Asquith 
1996, p. 65).
    The crimson Hawaiian damselfly breeds in the slow reaches of 
streams and seep-fed pools (Williams 1936, p. 306; Zimmerman 1948a, p. 
369; Polhemus 1994a, p. 7; Polhemus 1994b, p. 37). Crimson Hawaiian 
damselfly naiads, the aquatic life-history stage, frequent open water, 
resting horizontally, submerged below the surface, or on submerged 
vegetation (Williams 1936, p. 309). Adults perch on streamside 
vegetation and patrol along the stream corridor, staying close to 
breeding pools (Polhemus and Asquith 1996, p. 65).
    Between 1991 and 2003, over 150 sites were surveyed on the island 
of Oahu for native damselflies, and results indicate that one lowland 
species, the Pacific Hawaiian damselfly, has been extirpated from Oahu, 
and the orangeblack Hawaiian damselfly has been reduced to a single 
remnant population (Polhemus 2007, pp. 233-235). The crimson Hawaiian 
damselfly was known historically from approximately eight areas where 
it is now extirpated, including the windward side of the Waianae 
Mountains and scattered locations in the Koolau Mountains (Polhemus 
1994a, p. 7; Polhemus 1994b, pp. 37-38; Englund 1999, pp. 228-229, 231; 
Polhemus 2007, pp. 234, 238). In 2003, this species was not found 
during surveys of Kahana Stream and may be extirpated from this stream 
system (D. Polhemus, in litt. 2008). Currently, only five occurrences 
of the crimson Hawaiian damselfly are known, all from the Koolau 
Mountains in the lowland wet and wet cliff ecosystems at Waiawa, north 
Halawa, Punaluu, Moanalua, and Hauula (TNC 2007; D. Polhemus, in litt. 
2008; HBMP 2008). All colonies of this damselfly are constrained to 
portions of streams not occupied by nonnative predatory fish--that is, 
stream portions above geologic or manmade barriers (e.g., waterfalls, 
steep gradients, dry stream midreaches, or constructed diversions). No 
estimates of population size for the crimson Hawaiian damselfly are 
available.
    The blackline Hawaiian damselfly is a moderately-sized and delicate 
subspecies (Polhemus and Asquith 1996, p. 73). It occurs in and along 
the slow sections or pools of mid-reach and headwater sections of 
perennial upland streams and in seep-fed pools along overflow channels 
bordering such streams. The adults measure from 1.4 to 1.8 in (35 to 45 
mm) in length and have a wingspan of 1.7 to 1.9 in (45 to 50 mm). 
Naiads remain concealed and are found in the water under stones or in 
mats of algae (Williams 1936, p. 318; Zimmerman 1948, pp. 371-372).
    The blackline Hawaiian damselfly was known historically from the 
Koolau and Waianae Mountains, from sea level to over 2,400 ft (732 m) 
(Williams 1936, p. 318; Polhemus 1994a, pp. 6-12). Currently, this 
species is found in the lowland wet ecosystem on the windward and 
leeward sides of the Koolau Mountains, in the headwaters and upper 
reaches of 17 streams: Koloa, Kaluanui, Helemano, Poamoho, Kahana, 
Waikane, Waiahole, Waianu, Waiawa, Kaalaea, Waihee, Kahaluu, north 
Halawa, Heeia, Kalihi, Moole, and Maunawili (TNC 2007; D. Polhemus, in 
litt. 2008; R. Wolff, USGS, in litt. 2008; HBMP 2008). Like the crimson 
Hawaiian damselfly, all colonies of the blackline Hawaiian damselfly 
are constrained to portions of streams not occupied by nonnative 
predatory fish--that is, stream portions above geologic or manmade 
barriers (e.g., waterfalls, steep gradients, dry stream midreaches, or 
constructed diversions). Currently, the 17 stream colonies are 
estimated to total 800 to 1,000 individuals, with approximately 50 
individuals per stream (D. Polhemus, in litt. 2008).
    The oceanic Hawaiian damselfly is a comparatively large and robust 
species. The adults measure from 1.8 to 1.9 in (47 to 50 mm) in length 
and have a

[[Page 46370]]

wingspan of 2.0 to 2.2 in (51 to 55 mm). Both sexes exhibit prominent 
patterns including black stripes, but males are bright red in color 
while females are pale green. Immature individuals of this species are 
also large with long grasping legs and dagger-like gills (Polhemus and 
Asquith 1996, p. 77). The oceanic Hawaiian damselfly can be 
distinguished from other Oahu damselfly species by its large size, 
black stripes, and fast flight along flowing sections of streams.
    Individuals of the immature stage of the oceanic Hawaiian damselfly 
are found in swiftly flowing sections of streams, usually amid rocks 
and gravel in stream riffles (stream sections with sufficient gradient 
to create small standing waves) and small cascades on waterfalls 
(Williams 1936, pp. 321-322; Polhemus and Asquith 1996, p. 106). While 
capable of swimming, the naiads usually crawl among gravel or submerged 
vegetation. Older naiads frequently forage out of the actual stream 
channel and have been observed among wet moss on rocks, and wet rock 
walls and seeps (Williams 1936, pp. 321-323). Adults are very bold and 
strong flyers, and when disturbed frequently fly upward into the forest 
canopy overhanging the stream or waterfall (Williams 1936, p. 323; 
Polhemus 1994b, p. 48).
    Historically, the oceanic Hawaiian damselfly occurred on both the 
leeward and windward sides of the Koolau and Waianae Mountains, and was 
known, but is currently extirpated, from approximately 16 general 
localities, including the Waianae Mountains and all leeward streams of 
the Koolau Mountains (Englund and Polhemus 1994, p. 8). The species now 
currently occupies between 7 and 10 sites above 300 ft (100 m) in 
elevation on the windward side of the Koolau Mountains at Kaaawa, 
Kahaluu, Koloa, and Sacred Falls, in the lowland mesic, lowland wet, 
and wet cliff ecosystems (TNC 2007; Polhemus 2007, pp. 237-239; HBMP 
2008). Like the crimson and blackline Hawaiian damselflies, the oceanic 
Hawaiian damselfly is constrained to portions of streams not occupied 
by nonnative predatory fish--that is, stream portions above geologic or 
manmade barriers (e.g., waterfalls, steep gradients, dry stream 
midreaches, or constructed diversions). No estimates of population size 
for the oceanic Hawaiian damselfly are available.

Summary of Factors Affecting the 23 Species Proposed for Listing

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations (50 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. Listing actions may be 
warranted based on any of the above threat factors, singly or in 
combination. Each of these factors is discussed below.
    In considering what factors might constitute threats to a species, 
we must look beyond the exposure of the species to a particular factor 
to evaluate whether the species may respond to that factor in a way 
that causes actual impacts to the species. If there is exposure to a 
factor and the species responds negatively, the factor may be a threat 
and, during the status review, we attempt to determine how significant 
a threat it is. The threat is significant if it drives, or contributes 
to, the risk of extinction of the species such that the species 
warrants listing as endangered or threatened as those terms are defined 
in the Act. However, the identification of factors that could impact a 
species negatively may not be sufficient to warrant listing the species 
under the Act. The information must include evidence sufficient to show 
that these factors are operative threats that act on the species to the 
point that the species meets the definition of endangered or threatened 
under the Act. That evidence is discussed below for each of the species 
proposed for listing in this pro