Endangered and Threatened Wildlife and Plants; Endangered Status for 49 Species From the Hawaiian Islands, 58819-58909 [2015-24305]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Proposed Rules]
[Pages 58819-58909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24305]



[[Page 58819]]

Vol. 80

Wednesday,

No. 189

September 30, 2015

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; Endangered Status for 49 
Species From the Hawaiian Islands; Proposed Rule

Federal Register / Vol. 80 , No. 189 / Wednesday, September 30, 2015 
/ Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2015-0125; 4500030113]
RIN 1018-BB07


Endangered and Threatened Wildlife and Plants; Endangered Status 
for 49 Species From the Hawaiian Islands

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 10 animal species, including the band-rumped storm-petrel 
(Oceanodroma castro), the orangeblack Hawaiian damselfly (Megalagrion 
xanthomelas), the anchialine pool shrimp (Procaris hawaiana), and seven 
yellow-faced bees (Hylaeus anthracinus, H. assimulans, H. facilis, H. 
hilaris, H. kuakea, H. longiceps, and H. mana), and 39 plant species 
from the Hawaiian Islands as endangered species under the Endangered 
Species Act (Act). If we finalize this rule as proposed, it would 
extend the Act's protections to these species.

DATES: We will accept comments received or postmarked on or before 
November 30, 2015. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 
p.m. Eastern Time on the closing date. We must receive requests for 
public hearings, in writing, at the address shown in FOR FURTHER 
INFORMATION CONTACT by November 16, 2015.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R1-ES-2015-0125, 
which is the docket number for this rulemaking. Then, in the Search 
panel on the left side of the screen, under the Document Type heading, 
click on the Proposed Rules link to locate this document. You may 
submit a comment by clicking on ``Comment Now!''
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R1-ES-2015-0125, U.S. Fish and Wildlife 
Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Public Comments, below, for more information).

FOR FURTHER INFORMATION CONTACT: Field Supervisor, Pacific Islands Fish 
and Wildlife Office, 300 Ala Moana Boulevard, Honolulu, HI 96850; by 
telephone at 808-792-9400; or by facsimile at 808-792-9581. Persons who 
use a telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION

Executive Summary

    Why we need to publish a rule. Under the Act, if a species is 
determined to be an endangered or threatened species throughout all or 
a significant portion of its range, we are required to promptly publish 
a proposal in the Federal Register and make a determination on our 
proposal within 1 year. Listing a species as an endangered or 
threatened species can only be completed by issuing a rule.
    This rulemaking proposes to list of the 49 species from the 
Hawaiian Islands as endangered species. These species are candidate 
species for which we have on file sufficient information on biological 
vulnerability and threats to support preparation of a listing proposal, 
but for which development of a proposed listing rule had been precluded 
by other higher priority listing activities. This proposed rule 
reassesses all available information regarding status of and threats to 
the 49 species.
    The basis for our action. Under the Act, we can determine that a 
species is an endangered or threatened species based on any of five 
factors: (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; or (E) other natural or manmade factors affecting its 
continued existence. These 49 species are experiencing population-level 
impacts as the result of the following current and ongoing threats:
     Habitat loss and degradation due to urbanization; 
nonnative, feral ungulates (hoofed mammals, e.g., pigs, goats, deer, 
black-tailed deer, mouflon, cattle); nonnative plants; wildfire; and 
water extraction.
     Predation or herbivory by nonnative, feral ungulates; 
rats; slugs; ants; and wasps.
     Inadequate existing regulatory mechanisms to prevent the 
introduction and spread of nonnative plants and animals.
     Stochastic events such as landslides, flooding, drought, 
and hurricanes.
     Human activities such as recreational use of anchialine 
pools, dumping of nonnative fish and trash into anchialine pools, and 
manmade structures and artificial lighting.
     Vulnerability to extinction due to small numbers of 
individuals and occurrences and lack of regeneration.
     Competition with nonnative plants and nonnative 
invertebrates.
    The effects of climate change are likely to exacerbate the impacts 
of these threats, and may become a threat in the future.
    We will seek peer review. We will seek comments from independent 
specialists to ensure that our designation is based on scientifically 
sound data, assumptions, and analyses. We will invite these peer 
reviewers to comment on our listing proposal. Because we will consider 
all comments and information we receive during the comment period, our 
final determinations may differ from this proposal.

Information Requested

Public Comments

    We intend that any final action resulting from this proposed rule 
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 information from the public, including land owners and land 
managers, other concerned governmental agencies, the scientific 
community, industry, or any other interested parties, concerning this 
proposed rule. We particularly seek comments concerning:
    (1) The biology, range, and population trends of these species, 
including:
    (a) Biological or ecological requirements, including habitat 
requirements for feeding, breeding, and sheltering;
    (b) Genetics and taxonomy;
    (c) Historical and current range, including distribution patterns;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for these species, their 
habitats, or both.
    (2) Factors that may affect the continued existence of these 
species, which may include habitat modification or destruction, 
overutilization, disease, predation, the inadequacy of existing

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regulatory mechanisms, or other natural or manmade factors.
    (3) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to these species and existing regulations 
that may be addressing those threats.
    (4) Empirical data or other scientific information describing the 
specific impacts of climate change on the habitat, life history, and/or 
ecology of these species, for example, the species' biological 
response, or likely response, to changes in habitat resulting from 
climate-change related changes in ambient temperature, precipitation, 
drought, storm severity, or sea level.
    (5) Additional information concerning the historical and current 
status, range, distribution, and population size of these species, 
including the locations of any additional populations of these species.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Please note that submissions merely stating support for or 
opposition to the action under consideration without providing 
supporting information, although noted, will not be considered in 
making a determination, as section 4(b)(1)(A) of the Act (16 U.S.C. 
1531 et seq.) directs that determinations as to whether any species is 
an endangered or threatened species must be made ``solely on the basis 
of the best scientific and commercial data available.''
    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.
    If you submit information via https://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the Web site. If your submission is made via a hardcopy 
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 submissions 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 on 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).

Public Hearing

    Section 4(b)(5) of the Act provides for one or more public hearings 
on this proposal, if requested. Requests must be received within 45 
days after the date of publication of this proposed rule in the Federal 
Register (see DATES, above). Such requests must be sent to the address 
shown in the FOR FURTHER INFORMATION CONTACT section. We will schedule 
public hearings on this proposal, if any are requested, and announce 
the dates, times, and places of those hearings, as well as how to 
obtain reasonable accommodations, in the Federal Register and local 
newspapers at least 15 days before the hearing.

Peer Review

    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), during the public 
comment period we will seek the expert opinions of appropriate and 
independent specialists regarding this proposed rule. The purpose of 
peer review is to ensure that our listing determinations are based on 
scientifically sound data, assumptions, and analyses. The peer 
reviewers have expertise in one or more of the 49 species' biology, 
habitat, life-history needs, vulnerability to threats, and other 
physical or biological factors.

Previous Federal Action

    All 49 species proposed for listing as endangered species are 
candidate species (79 FR 72450, December 5, 2014). Candidate species 
are those taxa for which the U.S. Fish and Wildlife Service (we or 
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 rule include the following 10 animal 
species: The band-rumped storm-petrel (Oceanodroma castro), the 
orangeblack Hawaiian damselfly (Megalagrion xanthomelas), the 
anchialine pool shrimp (Procaris hawaiana), and seven yellow-faced 
bees, Hylaeus anthracinus, H. assimulans, H. facilis, H. hilaris, H. 
kuakea, H. longiceps, and H. mana; and the following 39 plant species: 
Asplenium diellaciniatum (no common name (NCN)), Calamagrostis expansa 
(Maui reedgrass), Cyanea kauaulaensis (NCN), Cyclosorus (previously 
Christella) boydiae (kupukupu makalii), Cyperus neokunthianus (NCN), 
Cyrtandra hematos (haiwale), Deparia kaalaana (NCN), Dryopteris glabra 
var. pusilla (hohiu), Exocarpos menziesii (heau), Festuca hawaiiensis 
(NCN), Gardenia remyi (nanu), Huperzia stemmermanniae (NCN), Hypolepis 
hawaiiensis var. mauiensis (olua), Joinvillea ascendens ssp. ascendens 
(ohe), Kadua (previously Hedyotis) fluviatilis (kamapuaa, pilo), Kadua 
haupuensis (NCN), Labordia lorenciana (NCN), Lepidium orbiculare 
(anaunau), Microlepia strigosa var. mauiensis (NCN), Myrsine fosbergii 
(kolea), Nothocestrum latifolium (aiea), Ochrosia haleakalae (holei), 
Phyllostegia brevidens (NCN), Phyllostegia helleri (NCN), Phyllostegia 
stachyoides (NCN), Portulaca villosa (ihi), Pritchardia bakeri (Baker's 
loulu), Pseudognaphalium sandwicensium var. molokaiense (enaena), 
Ranunculus hawaiensis (makou), Ranunculus mauiensis (makou), Sanicula 
sandwicensis (NCN), Santalum involutum (iliahi), Schiedea diffusa ssp. 
diffusa (NCN), Schiedea pubescens (maolioli), Sicyos lanceoloideus 
(anunu), Sicyos macrophyllus (anunu), Solanum nelsonii (popolo), 
Stenogyne kaalae ssp. sherffii (NCN), and Wikstroemia skottsbergiana 
(akia). The candidate status of these species was most recently 
reaffirmed in the December 5, 2014, Review of Native Species That Are 
Candidates for Listing as Endangered or Threatened (CNOR) (79 FR 
72450).
    On May 4, 2004, the Center for Biological Diversity petitioned the 
Secretary of the Interior to list 225 species of plants and animals, 
including 27 of the 49 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 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 57804), November 10, 2010 (75 FR 69222), 
October 26, 2011 (76 FR 66370), November 21, 2012 (77 FR 69994), 
November 22, 2013 (78 FR 70104), and December 5, 2014 (79 FR 72450).

Background

Hawaiian Islands Species Addressed in this Proposed Rule

    Table 1A (plants) and Table 1B (animals), below, provide the common 
name, scientific name, and range (by Hawaiian Island) for the 49 
species addressed in this proposed rule.

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  Table 1A--Candidate Plant Species Proposed for Listing as Endangered
                                 Species
------------------------------------------------------------------------
        Scientific name            Common name        Hawaiian Island
------------------------------------------------------------------------
Asplenium diellaciniatum......  No common name     Kauai.
                                 (NCN).
Calamagrostis expansa.........  Maui reedgrass...  Hawaii, Maui.
Cyanea kauaulaensis...........  NCN..............  Maui.
Cyclosorus boydiae............  kupukupu makalii.  Hawaii (H), Maui,
                                                    Oahu.
Cyperus neokunthianus.........  NCN..............  Maui (H).
Cyrtandra hematos.............  haiwale..........  Molokai.
Deparia kaalaana..............  NCN..............  Hawaii (H), Maui,
                                                    Kauai (H).
Dryopteris glabra var. pusilla  hohiu............  Kauai.
Exocarpos menziesii...........  heau.............  Hawaii, Lanai (H).
Festuca hawaiiensis...........  NCN..............  Hawaii, Maui (H).
Gardenia remyi................  nanu.............  Hawaii, Maui,
                                                    Molokai, Kauai.
Huperzia stemmermanniae.......  NCN..............  Hawaii, Maui (H).
Hypolepis hawaiiensis var.      olua.............  Maui.
 mauiensis.
Joinvillea ascendens ssp.       ohe..............  Hawaii, Maui,
 ascendens.                                         Molokai, Oahu,
                                                    Kauai.
Kadua fluviatilis.............  kamapuaa, pilo...  Oahu, Kauai.
Kadua haupuensis..............  NCN..............  Kauai (H).
Labordia lorenciana...........  NCN..............  Kauai.
Lepidium orbiculare...........  anaunau..........  Kauai.
Microlepia strigosa var.        NCN..............  Hawaii, Maui, Oahu.
 mauiensis.
Myrsine fosbergii.............  kolea............  Oahu, Kauai.
Nothocestrum latifolium.......  aiea.............  Maui, Lanai (H),
                                                    Molokai, Oahu, Kauai
                                                    (H).
Ochrosia haleakalae...........  holei............  Hawaii, Maui.
Phyllostegia brevidens........  NCN..............  Hawaii (H), Maui.
Phyllostegia helleri..........  NCN..............  Kauai.
Phyllostegia stachyoides......  NCN..............  Hawaii (H), Maui,
                                                    Molokai.
Portulaca villosa.............  ihi..............  Hawaii, Maui,
                                                    Kahoolawe, Lanai,
                                                    Molokai, Oahu (H),
                                                    Kaula (H), Lehua
                                                    (H), Nihoa (H).
Pritchardia bakeri............  Baker's loulu....  Oahu.
Pseudognaphalium sandwicensium  enaena...........  Maui, Lanai (H),
 var. molokaiense.                                  Molokai, Oahu (H).
Ranunculus hawaiensis.........  makou............  Hawaii, Maui (H).
Ranunculus mauiensis..........  makou............  Hawaii (H), Maui,
                                                    Molokai, Oahu (H),
                                                    Kauai.
Sanicula sandwicensis.........  NCN..............  Hawaii (H), Maui.
Santalum involutum............  iliahi...........  Kauai.
Schiedea diffusa ssp. diffusa.  NCN..............  Maui, Molokai.
Schiedea pubescens............  maolioli.........  Maui, Lanai (H),
                                                    Molokai.
Sicyos lanceoloideus..........  anunu............  Oahu, Kauai.
Sicyos macrophyllus...........  anunu............  Hawaii, Maui (H).
Solanum nelsonii..............  popolo...........  Hawaii, Maui (H),
                                                    Molokai, Niihau (H),
                                                    Pearl & Hermes,
                                                    Kure, Midway,
                                                    Laysan, Nihoa.
Stenogyne kaalae ssp. sherffii  NCN..............  Oahu (H).
Wikstroemia skottsbergiana....  akia.............  Kauai.
------------------------------------------------------------------------
(H) = historically known from island, but not observed in the past 20
  years.


  Table 1B--Candidate Animal Species Proposed for Listing as Endangered
                                 Species
------------------------------------------------------------------------
          Common name            Scientific name      Hawaiian Island
------------------------------------------------------------------------
Band-rumped storm-petrel......  Oceanodroma        Hawaii, Maui,
                                 castro.            Kahoolawe (H),
                                                    Molokai (H), Oahu
                                                    (H), Kauai, Lehua.
Yellow-faced bee..............  Hylaeus            Hawaii, Maui,
                                 anthracinus.       Kahoolawe, Lanai
                                                    (H), Molokai, Oahu.
Yellow-faced bee..............  Hylaeus            Maui, Kahoolawe,
                                 assimulans.        Lanai, Oahu (H).
Yellow-faced bee..............  Hylaeus facilis..  Maui (H), Lanai (H),
                                                    Molokai, Oahu.
Yellow-faced bee..............  Hylaeus hilaris..  Maui (H), Lanai (H),
                                                    Molokai.
Yellow-faced bee..............  Hylaeus kuakea...  Oahu.
Yellow-faced bee..............  Hylaeus longiceps  Maui, Lanai, Molokai,
                                                    Oahu.
Yellow-faced bee..............  Hylaeus mana.....  Oahu.
Orangeblack Hawaiian damselfly  Megalagrion        Hawaii, Maui, Lanai,
                                 xanthomelas.       Molokai, Oahu, Kauai
                                                    (H).
Anchialine pool shrimp........  Procaris hawaiana  Hawaii, Maui.
------------------------------------------------------------------------
(H) = Historically known from the island, but not observed in the last
  20 years

The Hawaiian Islands
    The State of Hawaii consists of eight ``main'' larger Hawaiian 
Islands, and a long chain of older, eroded islands and atolls referred 
to as the Northwestern Hawaiian Islands (NWHI). These islands are 
formed as the Pacific plate passes over a volcanic ``hot spot,'' an 
ongoing process over the last 40 million years (Clague in Juvik and 
Juvik 1998, p. 37). The Pacific plate is currently moving northwestward 
at about 4 inches (in) (9 centimeters (cm)) per year (Clague in Juvik 
and Juvik 1998, p. 38). Each island was formed from eruptions of one or 
more volcanoes, over several hundred thousand years, with several 
million years passing before activity ended and the volcano became 
extinct (Clague in Juvik and Juvik 1998; pp. 38-39). Haleakala volcano, 
forming east Maui, last erupted in 1790, and is considered dormant. 
Kilauea volcano, on the island

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of Hawaii, has been erupting continuously since 1983. Loihi Seamount, 
at 3,200 feet (ft) (975 meters (m)) below sea level, and 19 miles (mi) 
(29 kilometers (km)) off Hawaii Islands' southeast coast, has 
infrequent eruptions, earthquake swarms nearly every year, and is 
destined to emerge as an island within the next 200,000 years (Clague 
in Juvik and Juvik 1998, pp. 45-46).
[GRAPHIC] [TIFF OMITTED] TP30SE15.000

    The Northwestern Hawaiian Islands extend more than 1,000 mi (1,600 
km) beyond Kauai and include (from southeast to northwest) Nihoa Island 
(171 acres (ac) (69 hectares (ha))), Necker Island (46 ac (19 ha)), 
French Frigate Shoals (an atoll with multiple islets totalling 0.1 
square (sq) mi (0.2 sq km)), Gardner Pinnacles (2 islets, 6 ac (2.5 ha) 
with 940 sq mi (2,435 sq km) of surrounding reef), Maro Reef (mostly 
submerged), Laysan Island (1,016 ac (411 ha)), Lisianski Island (364 ac 
(147 ha)), Pearl and Hermes Atoll (submerged reef with 7 sandy islets 
totaling 89 ac (36 ha)), Midway Atoll (2.5 sq mi (6 sq km), consisting 
of three islands: Sand, Eastern, and Spit), and Kure Atoll (4 sq mi (10 
sq km), with two islands: Green and Sand, totaling 213 ac (86 ha)) 
(Juvik and Juvik 1998, p. 304). All of the NWHI except Kure Atoll are 
within the U.S. Fish and Wildlife Service's Hawaiian Islands National 
Wildlife Refuge or Midway Atoll National Wildlife Refuge. In 2006, all 
of the NWHI were designated as the Papahanaumokuakea Marine National 
Monument (Monument); in 2010, the Monument was inscribed as a World 
Heritage Site. The Monument is managed in partnership by the Department 
of Commerce's National Oceanic and Atmospheric Administration, the 
Department of the Interior, and the State of Hawaii.
    The island of Kauai, the northernmost of the eight main Hawaiian 
Islands, is 552 sq mi (1,430 sq km) in area (Foote et al. 1972, p. 3). 
Kauai's highest elevations are over 5,000 ft (1,500 m), and the 
island's summit is one of the wettest areas on earth, receiving over 
400 in (11,278 millimeters (mm)) of annual rainfall. The island is over 
5 million years old, and erosion has created dramatic canyons (Waimea 
Canyon) and cliffs on the Na Pali Coast. Kauai has been severely 
affected by hurricanes, most recently by Hurricane Iniki in 1992. The 
privately-owned island of Niihau (43 mi (69 km) southwest of Kauai) was 
formed from a single volcanic shield, is slightly younger than Kauai, 
and has unique geographic features such as intermittent lakes. Niihau 
is relatively arid (20 to 40 in annual rainfall) because it lies in the 
rain shadow of Kauai and lacks the elevation needed to intercept moist 
air carried by the prevailing northeast trade winds, which would 
generate rain if forced to sufficiently high altitude by mountains 
(orographic rainfall) (Stearns and McDonald 1947, p. 31). However, Kona 
storms (storms from a southerly direction) provide some rainfall. 
Although only 1,280 ft (390 m) high, there are precipitous sea cliffs 
on the northern coast. Lehua Island (geologically part of Niihau), a 
crescent-shaped tuff cone (284 ac (115 ha)), is a Hawaii State Seabird 
Sanctuary (Juvik and Juvik 1998, pp. 3-6). Kaula Island (158 ac (64 
ha)), also known as Kaula Rock, is small, crescent-shaped, 550 ft (167 
m) high, and lies southwest of Niihau. Currently, Kaula is used for 
gunnery and inert ordnance target practice by the U.S. Navy (Harrison 
1990, p. 193; Hawaii Range Complex FEIS 2008, p. 3-124).
    The island of Oahu (600 sq mi (1,557 sq km)), the third oldest and 
third largest of the eight main Hawaiian Islands, is located southeast 
of Kauai and northwest of Molokai (Foote et al. 1972, p. 19; Juvik and 
Juvik 1998, p. 7). Two shield volcanoes ceased erupting about 1 to 2 
million years ago, forming two mountain ranges, the western Waianae 
range and the eastern Koolau range, with a central plateau connecting 
them. These mountain ranges are oriented perpendicular to the trade 
winds, so that distinctive leeward and windward climates result, with 
the arid Waianae range in the rain shadow of the Koolau range, which 
receives most of the orographic rainfall (Juvik and Juvik 1998, p. 7; 
Wagner et al. 1999, p. 39). The maximum elevation on Oahu is at the 
summit of the Waianae Mountains (4,025 ft (1,225 m)) (Wagner et al. 
1999, pp. 39-41). Rainfall on the island ranges from less than 20 in 
(500 mm) to more than 250 in (6,350 mm) per year. This island supports 
the largest population in

[[Page 58824]]

the State, nearly one million people (World Population Review 2015, in 
litt.). The flora and fauna of Oahu have undergone extreme alterations 
because of past and present land use and other activities.
    The island of Molokai (260 sq mi (673 sq km)), the fifth largest of 
the eight main Hawaiian Islands, lies southeast of Oahu. The island is 
formed from three shield volcanoes, resulting in the east and west 
Molokai Mountains and the Kalaupapa Peninsula (Juvik and Juvik 1998, 
pp. 11, 13). The taller and larger east Molokai Mountain rises 4,970 ft 
(1,514 m) above sea level and comprises roughly 50 percent of the 
island's area (Juvik and Juvik 1998, pp. 11). Precipitous cliffs line 
the windward coast and deep valleys dissect the coastal area. Annual 
rainfall on the windward side of the island is 75 to more than 150 in 
(200 to more than 375 cm) (Giambelluca and Schroeder 1998, p. 50).
    The island of Lanai (140 sq mi (364 sq km)), the sixth largest of 
the eight main Hawaiian Islands, is located southeast of Molokai and 
southwest of west Maui. Lanai was formed from a single shield volcano 
and is located in the rain shadow of the west Maui Mountains (Clague in 
Juvik and Juvik 1998, p. 42). Lanaihale is the highest point at 3,366 
ft (1,027 m), with annual rainfall on the summit of 30 to 40 in (76 to 
100 cm). Annual rainfall is much less, 10 to 20 in (25 to 50 cm), over 
the rest of the island (Giambelluca and Schroeder 1998, p. 56).
    The island of Maui (729 sq mi (1,888 sq km)), the second largest of 
the eight main Hawaiian Islands, is located southeast of Molokai and 
northwest of Hawaii Island (Juvik and Juvik 1998, p. 14). It arose from 
two shield volcanoes resulting in formation of the west Maui Mountains, 
which are about 1.3 million years old, and the east Maui Mountains 
(Haleakala volcano), about 750,000 years old (Juvik and Juvik 1998, p. 
14), which are connected by the central Maui isthmus. The highest point 
on west Maui is Puu Kukui at 5,788 ft (1,764 m), which receives 400 in 
(1,020 cm) rainfall per year (Juvik and Juvik 1998, p. 14; Wagner et 
al. 1999, p. 41). East Maui's Haleakala volcano last erupted only 200 
years ago and is considered dormant (Juvik and Juvik 1998, p. 14). 
Haleakala is higher in elevation (10,023 ft (3,055 m)) than Puu Kukui, 
and since it is geologically younger, lacks the diverse vegetation of 
the older west Maui Mountains. Annual rainfall is about 35 in (89 cm) 
at the highest elevations, above the trade wind inversion, resulting in 
a dry cinder desert (Giambelluca and Schroeder 1998, p. 55). Lower 
elevations on windward east Maui receive as much as 404 in (1,026 cm) 
annual rainfall (Giambelluca et al. 2013, p. 1).
    The island of Kahoolawe (45 sq mi (116 sq km)), the smallest of the 
eight main Hawaiian Islands, is located south of east Maui, and was 
formed from a single shield volcano (Clague in Juvik and Juvik 1998, p. 
42; Juvik and Juvik 1998, pp. 7, 16). The maximum elevation on 
Kahoolawe is 1,476 ft (450 m) at the summit of Puu O Moaula Nui (Juvik 
and Juvik 1998, pp. 15-16). Kahoolawe is in the rain shadow of 
Haleakala and is arid, receiving no more than 25 in (65 cm) of rainfall 
annually (Juvik and Juvik 1998, p. 16; Mitchell et al. 2005, p. 6-66). 
The island was inhabited as early as 400 A.D., with small fishing 
villages established along the coast. It was used briefly as a penal 
colony, for grazing by sheep and goats, and for cattle ranching, until 
1941, when the United States declared martial law throughout Hawaii, 
leading to the use of the island as a training ground and bombing range 
(Kahoolawe Island Reserve Commission (KIRC) 2015, in litt.). In 1990, 
the island was placed under the administration of the Kahoolawe Island 
Reserve Commission. The grazing, ranching, and bombing activities had a 
serious impact on the environment, resulting is substantial loss of 
soil through accelerated erosion (KIRC 2015, in litt.). After an 
extensive 10-year cleanup by the U.S. Navy, unexploded ordnance remains 
on one-third of the island, including surrounding waters (KIRC 2015, in 
litt.).
    The island of Hawaii, the largest, highest, and youngest of the 
eight main Hawaiian Islands, is also the easternmost and southernmost 
island in the chain. At 4,038 sq mi (10,458 sq km), it comprises 
approximately two-thirds of the land area of the State of Hawaii, 
giving rise to its common name, the ``Big Island.'' Five large shield 
volcanoes make up the island: Mauna Kea at 13,796 ft (4,205 m) and 
Kohala at 5,480 ft (1,670 m), both extinct volcanoes; Hualalai at 8,270 
ft (2,520 m), a dormant volcano; and Mauna Loa (13,677 ft (4,169 m)) 
and Kilauea (4,093 ft (1,248 m)), both active volcanoes (McDonald et 
al. 1990, pp. 345-379; 59 FR 10305, March 4, 1994; U.S. Geological 
Survey (USGS) 2012, pp. 1-2). Hawaii Island has a greater range of 
climatic zones than any other island in the State, with the highest and 
lowest temperatures, and coastal to alpine ecosystems (Juvik and Juvik 
1998, p. 22; Wagner et al. 1999, p. 38; The Nature Conservancy of 
Hawaii (TNCH) 2007). The windward slopes receive the most rainfall, but 
orographic effects cause drier conditions to prevail in the leeward 
saddle area and in high-elevation areas. The west, or leeward, side of 
the island (Kona) is in the rain shadow of the mountains, but does 
receive convection-driven rainfall in the afternoons, resulting in 
greater than expected annual rainfall (50 to more than 100 in (127 to 
254 cm)), which supports mesic forest (Mitchell et al. 2005, pp. 6-71-
6-91).

An Ecosystem-Based Approach To Assessing the Conservation Status of the 
49 Species in the Hawaiian Islands

    In this document, we have analyzed the threats to each of the 49 
species individually to determine the appropriate status of each 
species on its own merits under the Act. However, because many of these 
species, and particularly those that share the same habitat types 
(ecosystems), share a similar suite of threats, we have organized the 
49 species addressed in this proposed rule by common ecosystem for 
efficiency, to reduce repetition for the reader, and to reduce 
publication costs.
    In addition, as an ancillary benefit of assessing the threats to 
the 49 species using shared ecosystems as an organizational tool, we 
have laid the groundwork for better addressing threats to these 
species, should they be listed. In the Hawaiian Islands, native species 
occurring in the same habitat types depend on many of the same physical 
and biological features and the successful functioning of specific 
ecosystems to survive. Because species that share ecosystems face a 
suite of shared threats, managing or eliminating these threats 
holistically at an ecosystem level is more cost effective and should 
lead to better resource protection for all native species. This 
approach is in accord with the primary stated purpose of the Act (see 
section 2(b)): ``to provide a means whereby the ecosystems upon which 
endangered species and threatened species depend may be conserved.''
    On all the main Hawaiian Islands, vegetation on land with rich 
soils was cultivated and altered by the early Hawaiians and, more 
recently, converted to commercial agricultural and urban use (Gagne and 
Cuddihy 1999, p. 45). Intentional and inadvertent introduction of alien 
plant and animal species has also contributed to the reduction in range 
of native vegetation. Throughout this proposed rule, the terms 
``alien,'' ``feral,'' ``nonnative,'' and ``introduced'' all refer to 
species that are not native to the Hawaiian Islands. Most of the 
candidate species included in this proposed rule persist on steep 
slopes,

[[Page 58825]]

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.
    Each of the 49 Hawaiian Islands species is found in one or more of 
the 11 ecosystems types described in this proposed rule: anchialine 
pool, coastal, lowland dry, lowland mesic, lowland wet, montane wet, 
montane mesic, montane dry, subalpine, dry cliff, and wet cliff (see 
Table 2).

                                                       Table 2--The 49 Hawaiian Islands Species and the Ecosystems Upon Which They Depend
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                             Island
            Species            -----------------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Hawaii              Maui           Kahoolawe          Lanai            Molokai            Oahu              Kauai        Niihau   Lehua    Kaula     NWHI
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Plants:
    Asplenium diellaciniatum..  .................  .................  ..............  ................  ................  ................  MM..............  .......  .......  .......  .......
    Calamagrostis expansa.....  MW...............  MW...............  ..............  ................  ................  ................  ................  .......  .......  .......  .......
    Cyanea kauaulaensis.......  .................  LW...............  ..............  ................  ................  ................  ................  .......  .......  .......  .......
    Cyclosorus boydiae........  LW...............  LW, MW...........  ..............  ................  ................  MW..............  ................  .......  .......  .......  .......
    Cyperus neokunthianus.....  .................  LW...............  ..............  ................  ................  ................  ................  .......  .......  .......  .......
    Cyrtandra hematos.........  .................  .................  ..............  ................  MW..............  ................  ................  .......  .......  .......  .......
    Deparia kaalaana..........  LM, LW...........  LM, LW...........  ..............  ................  ................  ................  LM, LW..........  .......  .......  .......  .......
    Dryopteris glabra var.      .................  .................  ..............  ................  ................  ................  MW..............  .......  .......  .......  .......
     pusilla.
    Exocarpos menziesii.......  LM...............  .................  ..............  LM..............  ................  ................  ................  .......  .......  .......  .......
                                MM...............
                                MD...............
    Festuca hawaiiensis.......  MD...............  MD...............  ..............  ................  ................  ................  ................  .......  .......  .......  .......
    Gardenia remyi............  LM, LW...........  LW...............  ..............  ................  LM, LW..........  ................  LM, LW..........  .......  .......  .......  .......
    Huperzia stemmermanniae...  MW...............  MW...............  ..............  ................  ................  ................  ................  .......  .......  .......  .......
    Hypolepis hawaiiensis var.  .................  MW...............  ..............  ................  ................  ................  ................  .......  .......  .......  .......
     mauiensis.
    Joinvillea ascendens ssp.   LW, MW...........  LW MW............  ..............  ................  LW, MW..........  LW, MW..........  LM, MW, MM......  .......  .......  .......  .......
     ascendens.
    Kadua fluviatilis.........  .................  .................  ..............  ................  ................  LW..............  LM..............  .......  .......  .......  .......
    Kadua haupuensis..........  .................  .................  ..............  ................  ................  ................  LM..............  .......  .......  .......  .......
    Labordia lorenciana.......  .................  .................  ..............  ................  ................  ................  MM..............  .......  .......  .......  .......
    Lepidium orbiculare.......  .................  .................  ..............  ................  ................  ................  LM..............  .......  .......  .......  .......
    Microlepia strigosa var.    MW, MM...........  MW...............  ..............  ................  ................  LM..............  ................  .......  .......  .......  .......
     mauiensis.
    Myrsine fosbergii.........  .................  .................  ..............  ................  ................  LM, LW..........  LM, LW, MW......  .......  .......  .......  .......
    Nothocestrum latifolium...  .................  LD, LM, DC.......  ..............  LD, LM, DC......  LM..............  LD, LM, DC......  DC..............  .......  .......  .......  .......
    Ochrosia haleakalae.......  LM, LW...........  LM, MM, DC.......  ..............  ................  ................  ................  ................  .......  .......  .......  .......
    Phyllostegia brevidens....  MW...............  LW, WC...........  ..............  ................  ................  ................  ................  .......  .......  .......  .......
    Phyllostegia helleri......  .................  .................  ..............  ................  ................  ................  LW, MW, WC......  .......  .......  .......  .......
    Phyllostegia stachyoides..  MW, MM...........  MW, MM...........  ..............  ................  MW..............  ................  ................  .......  .......  .......  .......
    Portulaca villosa.........  C, LD, MD........  C, LD............  C, LD.........  LD..............  LD..............  C, LD...........  ................  .......  C......  C......  C
    Pritchardia bakeri........  .................  .................  ..............  ................  ................  LM..............  ................  .......  .......  .......  .......
    Pseudognaphalium            .................  C................  ..............  C...............  C...............  C...............  ................  .......  .......  .......  .......
     sandwicensium var.
     molokaiense.
    Ranunculus hawaiensis.....  MM, MD, SA.......  SA...............  ..............  ................  ................  ................  ................  .......  .......  .......  .......
    Ranunculus mauiensis......  MM, MD...........  MW, MM, WC.......  ..............  ................  MW, MM, WC......  MW..............  MW, MM..........  .......  .......  .......  .......
    Sanicula sandwicensis.....  MM, MD, SA.......  MM, SA...........  ..............  ................  ................  ................  ................  .......  .......  .......  .......
    Santalum involutum........  .................  .................  ..............  ................  ................  ................  LM, LW..........  .......  .......  .......  .......
    Schiedea diffusa ssp.       .................  LW, MW...........  ..............  ................  MW..............  ................  ................  .......  .......  .......  .......
     diffusa.
    Schiedea pubescens........  .................  LW, MM, WC.......  ..............  WC..............  LW, MW, WC......  ................  ................  .......  .......  .......  .......
    Sicyos lanceoloideus......  .................  .................  ..............  ................  ................  LM, DC..........  LM, MM..........  .......  .......  .......  .......
    Sicyos macrophyllus.......  MM, MD...........  MW...............  ..............  ................  ................  ................  ................  .......  .......  .......  .......
    Solanum nelsonii..........  C................  C................  ..............  ................  C...............  ................  ................  C......  .......  .......  C
    Stenogyne kaalae ssp.       .................  .................  ..............  ................  ................  LW..............  ................  .......  .......  .......  .......
     sherffii.
    Wikstroemia skottsbergiana  .................  .................  ..............  ................  ................  ................  LW..............  .......  .......  .......  .......
Animals:
    Band-rumped storm-petrel    DC...............  DC, WC...........  C.............  ................  C...............  C...............  DC, WC..........  .......  C......  .......  .......
     (Oceanodroma castro).
    Yellow-faced bee (Hylaeus   C, LD............  C, LD............  LD............  LD..............  C...............  C...............  ................  .......  .......  .......  .......
     anthracinus).
    Yellow-faced bee Hylaeus    .................  C, LD............  C.............  LD..............  ................  C, LD...........  ................  .......  .......  .......  .......
     assimulans).
    Yellow-faced bee (Hylaeus   .................  C, LM............  ..............  LD, LM..........  C...............  C, LD, LM.......  ................  .......  .......  .......  .......
     facilis).
    Yellow-faced bee (Hylaeus   .................  C, LD............  ..............  C...............  C...............  ................  ................  .......  .......  .......  .......
     hilaris).
    Yellow-faced bee (Hylaeus   .................  .................  ..............  ................  ................  LM..............  ................  .......  .......  .......  .......
     kuakea).
    Yellow-faced bee (Hylaeus   .................  C, LD............  ..............  C, LD...........  C, LD...........  C...............  ................  .......  .......  .......  .......
     longiceps).
    Yellow-faced bee (Hylaeus   .................  .................  ..............  ................  ................  LM..............  ................  .......  .......  .......  .......
     mana).
    Orangeblack Hawaiian        AP, C *..........  AP, LD *.........  ..............  C,* LM *........  C,* LD *........  LM *............  C * LD,* LM *...  .......  .......  .......  .......
     damselfly (Megalagrion
     xanthomelas).
    Anchialine pool shrimp      AP...............  AP...............  ..............  ................  ................  ................  ................  .......  .......  .......  .......
     (Procaris hawaiana).
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
C = Coastal ecosystem; MW = Montane Wet ecosystem; DC = Dry Cliff ecosystem; LD = Lowland Dry ecosystem; MM = Montane Mesic ecosystem; WC = Wet Cliff ecosystem; LM = Lowland Mesic ecosystem;
  MD = Montane Dry ecosystem; AP = Anchialine Pool ecosystem; LW = Lowland Wet ecosystem; SA = Subalpine ecosystem; * = with species-specific water pool or pond.

Hawaiian Islands Ecosystems

    Eleven distinct ecosystems (anchialine pool, coastal, lowland dry, 
lowland mesic, lowland wet, montane mesic, montane wet, montane dry, 
subalpine, dry cliff, and wet cliff) on the main eight Hawaiian Islands 
and NWHI currently harbor or historically harbored one or more of the 
49 species under consideration for listing as endangered in this 
proposed rule. These ecosystems are described below.
Anchialine Pool
    The anchialine pool ecosystem is found on Oahu, Molokai, Maui, 
Kahoolawe, and Hawaii Island. Anchialine pools are land-locked bodies 
of water that have indirect underground connections to the sea and show 
tidal fluctuations in water level. These pools are mixohaline 
(brackish), with salinities typically ranging from 2 parts per thousand 
(ppt) to concentrations just below that of sea water (32 ppt), although 
some pools are recorded as having salinities as high as 41 ppt 
(Maciolek 1983, pp. 607-612; Brock et al. 1987, p. 200). Because all 
anchialine pools occur within coastal areas, they are technically part 
of the coastal ecosystem (see below) with the same

[[Page 58826]]

climate conditions and many of the same applicable and overlapping 
habitat threats. However, we are addressing this ecosystem separately 
because of the uniqueness of the anchialine pools and the biota that 
occurs within them.
    Over 80 percent of the State's anchialine pools are found on the 
island of Hawaii, with a total of approximately 600 to 650 pools 
distributed over 130 sites along all but the island's northernmost and 
steeper northeastern shorelines. On east Maui, eight locations along 
the north and south coasts have anchialine pools (some containing more 
than one pool, e.g., the anchialine pool system at Ahihi-Kinau Natural 
Area Reserve (NAR) consists of dozens of pools) (The Nature Conservancy 
(TNC) 2009, pp. 2-3). Characteristic animal species within the 
anchialine pool ecosystem include crustaceans (e.g., shrimps, prawns, 
amphipods, and isopods), molluscs (e.g., snails, sea slugs, and 
bivalves), and other invertebrates adapted to the pools' surface and 
subterranean habitats (TNC 2009, pp. 1-3). Generally, vegetation within 
the pools consists of various types of algal forms (blue-green, green, 
red, and golden-brown). The majority of Hawaii's anchialine pools occur 
in bare or sparsely vegetated lava fields, although some pools occur in 
areas with various ground cover, shrub, and tree species (Chai et al. 
1989, pp. 2-24; Brock 2004, p. 35). The anchialine pool shrimp, 
Procaris hawaiana, and the orangeblack Hawaiian damselfly, Megalagrion 
xanthomelas, which are proposed for listing as endangered species in 
this rule, are reported currently or historically from this ecosystem 
on Maui and Hawaii Island (Kensley and Williams 1986, pp. 417-437; 
Hawaii Biodiversity and Mapping Program (HBMP) 2010).
Coastal
    The coastal ecosystem is found on all of the main Hawaiian Islands 
and the NWHI, with the highest native species diversity in the least 
populated areas and associated islets. The coastal ecosystem includes 
mixed herblands, shrublands, and grasslands, from sea level to 980 ft 
(300 m) 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 (TNCH 2006). The coastal ecosystem 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, the endangered plant Sesbania tomentosa 
(ohai) (TNCH 2006), and endangered birds in the NWHI (e.g., the Nihoa 
finch (Telespyza ultima) on Nihoa Island). The following plants 
proposed as endangered in this rule are reported currently or 
historically from this ecosystem: Portulaca villosa (Hawaii Island, 
Maui, Kahoolawe, Oahu, Lehua, and Kaula), Pseudognaphalium 
sandwicensium var. molokaiense (Maui, Lanai, Molokai, and Oahu), and 
Solanum nelsonii (Hawaii Island, Maui, Molokai, Niihau, and the NWHI) 
(TNCH 2007; HBMP 2010). The following animals proposed as endangered in 
this rule are reported currently or historically from this ecosystem: 
the band-rumped storm-petrel (Kahoolawe, Molokai, Oahu, and Lehua); 
orangeblack Hawaiian damselfly (Hawaii Island, Lanai, and Molokai); the 
yellow-faced bees Hylaeus anthracinus (Hawaii Island, Maui, Molokai, 
and Oahu), H. assimulans (Maui, Kahoolawe, and Oahu), H. facilis (Maui, 
Molokai, and Oahu), H. hilaris (Maui, Lanai, and Molokai), and H. 
longiceps (Maui, Lanai, Molokai, and Oahu).
Lowland Dry
    The lowland dry ecosystem is found on all the main Hawaiian Islands 
and includes shrublands and forests generally below 3,300 ft (1,000 m) 
elevation that receive less than 50 in (130 cm) annual rainfall, or are 
in otherwise prevailingly dry substrate conditions that range from 
weathered reddish silty loams to stony clay soils, rocky ledges with 
very shallow soil, or relatively recent little-weathered lava (Gagne 
and Cuddihy 1999, p. 67). Areas consisting of predominantly native 
species in the lowland dry ecosystem are now rare and are best 
represented on the leeward sides of the islands (Gagne and Cuddihy 
1999, p. 67; TNCH 2006). Native biological diversity is low to moderate 
in this ecosystem, and includes specialized animals and plants such as 
the Hawaiian owl (pueo) and Santalum ellipticum (iliahialoe, coastal 
sandalwood) (Wagner et al. 1999, pp. 1220-1221; TNCH 2006). The 
following plants proposed for listing as endangered in this rule 
reported currently or historically from this ecosystem are: 
Nothocestrum latifolium (Maui, Lanai, and Oahu) and Portulaca villosa 
(Hawaii Island, Maui, Kahoolawe, Lanai, Molokai, and Oahu). The 
following animals proposed for listing as endangered in this rule 
reported currently or historically from this ecosystem are: the 
orangeblack Hawaiian damselfly (Maui, Molokai), the yellow-faced bees 
Hylaeus anthracinus (Hawaii Island, Maui, Kahoolawe, and Lanai), H. 
assimulans (Maui, Lanai, and Oahu), H. facilis (Lanai and Oahu), H. 
hilaris (Maui), and H. longiceps (Maui, Lanai, and Molokai) (TNCH 2007; 
HBMP 2010).
Lowland Mesic
    The lowland mesic ecosystem is found on all the main Hawaiian 
Islands except Kahoolawe and Niihau, and 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 (Gagne and Cuddihy 1999, p. 75; TNCH 2006). Native biological 
diversity is high in this system (TNCH 2006). The following plants 
proposed for listing as endangered in this rule reported currently or 
historically from this ecosystem are: Deparia kaalaana (Hawaii Island, 
Maui, and Kauai), Exocarpos menziesii (Hawaii Island and Lanai), 
Gardenia remyi (Hawaii Island, Molokai, and Kauai), Joinvillea 
ascendens ssp. ascendens (Kauai), Kadua fluviatilis (Kauai), K. 
haupuensis (Kauai), Lepidium orbiculare (Kauai), Microlepia strigosa 
var. mauiensis (Oahu), Myrsine fosbergii (Oahu and Kauai), Nothocestrum 
latifolium (Maui, Lanai, Molokai, and Oahu), Ochrosia haleakalae 
(Hawaii Island and Maui), Pritchardia bakeri (Oahu), Santalum involutum 
(Kauai), and Sicyos lanceoloideus (Oahu and Kauai) (TNCH 2007; HBMP 
2010). The following animals proposed for listing as endangered in this 
rule reported currently or historically from this ecosystem are: the 
orangeblack Hawaiian damselfly (Lanai, Oahu), and the yellow-faced bees 
Hylaeus facilis (Maui, Lanai, and Oahu), H. kuakea (Oahu), and H. mana 
(Oahu).
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 
for Kahoolawe and Niihau (Gagne and Cuddihy 1999, p. 85; TNCH 2006). 
These areas include a variety of wet grasslands, shrublands, and 
forests that receive greater than 75 in (190 cm) annual rainfall, or 
are in otherwise wet substrate conditions (TNCH 2006). This system is 
best developed in wet valleys and slopes on Kauai, Oahu, Molokai, Maui, 
and Hawaii Island (TNCH 2006). Native biological diversity is high in 
this system (TNCH 2006). The following

[[Page 58827]]

plants proposed for listing as endangered in this rule reported 
currently or historically from this ecosystem are: Cyanea kauaulaensis 
(Maui), Cyclosorus boydiae (Hawaii Island and Maui), Cyperus 
neokunthianus (Maui), Deparia kaalaana (Hawaii Island, Maui, and 
Kauai), Gardenia remyi (Hawaii Island, Maui, Molokai, and Kauai), 
Joinvillea ascendens ssp. ascendens (Hawaii Island, Maui, Molokai, and 
Oahu), Kadua fluviatilis (Oahu), Myrsine fosbergii (Oahu and Kauai), 
Ochrosia haleakalae (Hawaii Island), Phyllostegia brevidens (Maui), P. 
helleri (Kauai), Santalum involutum (Kauai), Schiedea diffusa ssp. 
diffusa (Maui), S. pubescens (Maui and Molokai), Stenogyne kaalae ssp. 
sherffii (Oahu), and Wikstroemia skottsbergiana (Kauai) (TNCH 2007; 
HBMP 2010).
Montane Wet
    The montane wet ecosystem is composed of natural communities 
(grasslands, shrublands, forests, and bogs) at elevations between 3,300 
and 6,500 ft (1,000 and 2,000 m), in areas where annual rainfall is 
greater than 75 in (190 cm) (TNCH 2006). This system is found on all of 
the main Hawaiian Islands except Niihau and Kahoolawe (TNCH 2006). 
Native biological diversity is moderate to high (TNCH 2006). The 
following plants proposed for listing as endangered in this rule 
reported currently or historically from this ecosystem are: 
Calamagrostis expansa (Hawaii Island and Maui), Cyclosorus boydiae 
(Maui and Oahu), Cyrtandra hematos (Molokai), Dryopteris glabra var. 
pusilla (Kauai), Huperzia stemmermanniae (Hawaii Island and Maui), 
Hypolepis hawaiiensis var. mauiensis (Maui), Joinvillea ascendens ssp. 
ascendens (Hawaii Island, Maui, Molokai, Oahu, and Kauai), Microlepia 
strigosa var. mauiensis (Hawaii Island and Maui), Myrsine fosbergii 
(Kauai), Phyllostegia brevidens (Hawaii Island), P. helleri (Kauai), P. 
stachyoides (Hawaii Island, Maui, and Molokai), Ranunculus mauiensis 
(Maui, Molokai, Oahu, and Kauai), Schiedea diffusa ssp. diffusa (Maui 
and Molokai), S. pubescens (Molokai), and Sicyos macrophyllus (Maui) 
(TNCH 2007; HBMP 2010).
Montane Mesic
    The montane mesic ecosystem is composed of natural communities 
(forest and shrublands) found at elevations between 3,300 and 6,500 ft 
(1,000 to 2,000 m), in areas where annual rainfall is between 50 and 75 
in (130 and 190 cm), or are in otherwise mesic substrate conditions 
(TNCH 2006). This system is found on Kauai, Molokai, Maui, and Hawaii 
Island (Gagne and Cuddihy 1999, pp. 97-99; TNCH 2007). Native 
biological diversity is moderate, and this habitat is important for 
Hawaiian forest birds (Gagne and Cuddihy 1999, pp. 98-99; TNCH 2006). 
The following plants proposed for listing as endangered in this rule 
reported currently or historically from this ecosystem are: Asplenium 
diellaciniatum (Kauai), Exocarpos menziesii (Hawaii Island), Joinvillea 
ascendens ssp. ascendens (Kauai), Labordia lorenciana (Kauai), 
Microlepia strigosa var. mauiensis (Hawaii Island), Ochrosia haleakalae 
(Maui), Phyllostegia stachyoides (Hawaii Island and Maui), Ranunculus 
hawaiensis (Hawaii Island), R. mauiensis (Hawaii Island, Maui, Molokai, 
Kauai), Sanicula sandwicensis (Hawaii Island and Maui), Schiedea 
pubescens (Maui), Sicyos lanceoloideus (Kauai), and S. macrophyllus 
(Hawaii Island) (TNCH 2007; HBMP 2010).
Montane Dry
    The montane dry ecosystem is composed of natural communities (one 
grassland type, shrublands, forests) found at elevations between 3,300 
and 6,500 ft (1,000 and 2,000 m), in areas where annual rainfall is 
less than 50 in (130 cm), or are in otherwise dry substrate conditions 
(TNCH 2006). This system is found on Maui and Hawaii Island, and is 
best developed in the saddle region between mountains on Hawaii Island, 
with rich native plant communities (Gagne and Cuddihy 1999, pp. 93-97; 
TNCH 2007). The following plants proposed for listing as endangered in 
this rule reported currently or historically from this ecosystem are: 
Exocarpos menziesii (Hawaii Island), Festuca hawaiiensis (Hawaii Island 
and Maui), Portulaca villosa (Hawaii Island), Ranunculus hawaiensis 
(Hawaii Island), R. mauiensis (Hawaii Island), Sanicula sandwicensis 
(Hawaii Island), and Sicyos macrophyllus (Hawaii Island) (TNCH 2007; 
HBMP 2010).
Subalpine
    The subalpine ecosystem is composed of natural communities 
(grasslands, shrublands, forests) at elevations between 6,500 and 9,800 
ft (2,000 and 3,000 m), in areas where annual rainfall is seasonal, 
between 15 and 40 in (38 and 100 cm), or are in otherwise dry substrate 
conditions (TNCH 2006). Native biodiversity is not high in this system, 
but contains specialized invertebrates and plants adapted to dry, 
exposed conditions (Gagne and Cuddihy 1999, p. 107). Because rainfall 
is low in this area, fog drip is an important moisture source (Gagne 
and Cuddihy 1999, p. 110). The following plants proposed for listing as 
endangered in this rule reported currently or historically from this 
ecosystem are: Ranunculus hawaiensis (Hawaii Island and Maui) and 
Sanicula sandwicensis (Hawaii Island and Maui) (TNCH 2007; HBMP 2010).
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 annual rainfall, or are in otherwise dry 
substrate conditions (TNCH 2006). This ecosystem is found on all the 
main Hawaiian Islands except Niihau, and is best represented along the 
leeward slopes of Lanai, Maui, the Waianae Mountains of Oahu, and Kauai 
(TNCH 2006). A variety of shrublands occur within this ecosystem (TNCH 
2006). Native biological diversity is low to moderate (TNCH 2006). The 
following plants proposed for listing as endangered in this rule 
reported currently or historically from this ecosystem are: 
Nothocestrum latifolium (Maui, Lanai, Oahu, and Kauai), Ochrosia 
haleakalae (Maui), and Sicyos lanceoloideus (Oahu) (TNCH 2007; HBMP 
2010). The band-rumped storm-petrel is reported currently or 
historically from the dry cliff ecosystem on Hawaii Island, Maui, and 
Kauai (TNCH 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) annual rainfall, or are in otherwise wet 
substrate conditions (TNCH 2006). This system is found on all the main 
islands except for Niihau and Kahoolawe (TNCH 2006). Native biological 
diversity is low to moderate (TNCH 2006). The following plants proposed 
for listing as endangered in this rule reported currently or 
historically from this ecosystem are: Phyllostegia brevidens (Maui), P. 
helleri (Kauai), Ranunculus mauiensis (Maui and Molokai), and Schiedea 
pubescens (Maui, Lanai, and Molokai) (TNCH 2007; HBMP 2010). The band-
rumped storm-petrel is reported currently or historically from the wet 
cliff ecosystem on Maui and Kauai (TNCH 2007).

Description of the 49 Hawaiian Islands Species

    The Act directs us to determine whether any species is an 
endangered species or a threatened species because

[[Page 58828]]

of any factors affecting its continued existence. We summarize, below, 
the biological condition of, and factors affecting, each of the 49 
species to assess whether each species should be listed as endangered 
or threatened.
    The summaries below include only brief lists of factors affecting 
each species. Each of these factors is fully considered, in detail, in 
the section ``Summary of Factors Affecting the 49 Species Proposed for 
Listing,'' below.

Climate Change Vulnerability Assessment for Hawaiian Plants

    Twenty-eight of the plant species proposed for listing and 
described below were evaluated for their vulnerability to climate 
change as part of a comprehensive vulnerability analysis of native 
Hawaiian plants, as indicated in Table 3 (Fortini et al. 2013, 134 
pp.). This analysis used ``climate envelopes'' (geographic ranges 
encompassing suitable climate for each species, as defined by 
temperature and moisture (Fortini et al. 2013, p. 17)) developed from 
field records by Price et al. (2012) to project each species' potential 
range in the year 2100. The location and spatial extent of these future 
ranges, and their overlap with current ranges, allows calculation of a 
vulnerability score. Estimates of vulnerability based on climate-
envelope modeling are conservative in that they do not take into 
account potential changes in interspecific interactions such as 
predation, disease, pollination, or competition. This study provides a 
landscape- or island-scale picture of potential climate-change 
vulnerability of Hawaiian plants; the results are less clear at finer 
spatial scales (Fortini et al. p. 42). However, all 28 of these plant 
species scored moderately or highly vulnerable in the analysis because 
of their relative inability to exhibit the possible responses necessary 
for persistence under projected climate change (Fortini et al. 2013, 
134 pp.). These responses include the migration response (dispersal and 
establishment in new areas beyond their current distribution), the 
microrefugia response (persistence in topographically complex areas 
that are less exposed), evolutionary adaptation response (morphological 
changes in response to the changing environment), and toleration 
response (adaptation to environmental changes through phenotypic 
plasticity). Therefore, if the species is moderately to highly 
vulnerable, then the likelihood of its persistence with the impacts of 
climate change is low, and the environmental changes associated with 
climate change are likely to become a threat to these species' 
continued existence in the future.

Plants

    Asplenium diellaciniatum (no common name (NCN)), a terrestrial or 
epipetric (growing on rocks) fern in the spleenwort family 
(Aspleniaceae), is endemic to Kauai (Palmer 2003, p. 117). This fern 
has extremely variable frond morphology, depending on age, development, 
and possibly microhabitat (Wood and Aguraiuja, pers. obs. in Lorence et 
al. 2013, p. 167). Stipes (stalks joining the stem to the blade) and 
rachis (blade midribs) are black or purple-black to maroon and shiny. 
Blade divisions are entire to shallowly or deeply cut into lobes or 
twice-divided, with free veins that seldom join to form a vein network 
(Lorence et al. 2013, p. 170). Hillebrand (1888, pp. 621-622) 
recognized this species as Lindsaya laciniata (Botanischer Garten und 
Botanisches Museum (BGBM) 2014, in litt.). Brackenridge also 
interpreted Diellia as lindsaeoid (ferns having morphological 
characteristics of those in the genus Lindsaea) (1854, pp. 218-220), 
followed by other Hawaiian authors, and this fern was described as 
Diellia laciniata in Rock (1913, p. 59) and in Wagner (1952, pp. 11, 
57-63). Palmer did not recognize D. laciniata as separate from D. 
erecta (2003, p. 117). Molecular phylogenetic studies by Schneider et 
al. (2005, pp. 455-460) placed Diella within Asplenium, and with 
further taxonomic reassessment (Lorence et al. 2013, pp. 167, 170-171), 
this species is recognized as Asplenium diellaciniatum. Little is known 
of the historical distribution of this species. It was described from a 
collection from ``Halemanu,'' the Knudsen homestead area on western 
Kauai. This fern is found in the montane mesic ecosystem at Kawaiiki, 
approximately 4.5 mi (7 km) southeast of the original collection site 
(Palmer 2003, p. 117; HBMP 2010; Lorence et al. 2013, p. 167) in 2 
occurrences, once totaling approximately 100 individuals (TNCH 2007; 
HBMP 2010; Lorence et al. 2013, p. 167; however, currently, there are 
only 31 mature and 9 juvenile individuals (Wood 2013, in litt.; PEPP 
2014, p. 33).
    Feral pigs, goats, and black-tailed deer (Odocoileus hemionus 
columbianus) modify and destroy the habitat of Asplenium diellaciniatum 
on Kauai, with evidence of the activities of these animals reported in 
the areas where A. diellaciniatum occurs (HBMP 2010; Wood 2013, in 
litt.). Feral pigs, goats, and black-tailed deer may also forage on A. 
diellaciniatium (HBMP 2010). Ungulates are managed in Hawaii as game 
animals, but public hunting does not adequately control the numbers of 
ungulates to eliminate habitat modification and destruction, or to 
eliminate herbivory by these animals (Anderson et al. 2007, in litt.; 
Hawaii Administrative Rule--Hawaii Department of Land and Natural 
Resources (HAR-DLNR) 2010, in litt.). Nonnative plants in the Kawaiiki 
area, such as Buddleja asiatica (dog tail), Lantana camara (lantana), 
and Sphaeropteris cooperi (Australian tree fern), compete with A. 
diellaciniatum and modify and destroy its native habitat, and displace 
it and other native Hawaiian plant species by competing for water, 
nutrients, light, and space, or they may produce chemicals that inhibit 
growth of other plants (Smith 1985, pp. 180-250; Vitousek et al. 1987 
in Cuddihy and Stone 1990, p. 74; Wood 2013, in litt.). Additionally, 
the small number of individuals of A. diellaciniatum may limit this 
species' ability to adapt to environmental change.
    The remaining occurrences of Asplenium diellaciniatum and its 
habitat for its reintroduction are at risk; A. diellaciniatum numbers 
are observed to be decreasing on Kauai, and both the species and its 
habitat continue to be negatively affected by modification and 
destruction by ungulates and by direct competition by nonnative plants, 
combined with predation by nonnative ungulates. We find that this 
species should be listed throughout all of its range, and, therefore, 
we find that it is unnecessary to analyze whether it is endangered or 
threatened in a significant portion of its range.
    Calamagrostis expansa (Maui reedgrass), a perennial in the grass 
family (Poaceae), is known from the islands of Maui and Hawaii 
(O'Connor 1999, p. 1509; Wagner and Herbst 2003, p. 59). This species 
was described by Hitchcock (1922, p. 148) and is recognized as a 
distinct taxon in O'Connor (1999, p. 1509) and in Wagner and Herbst 
(2003, p. 59), the most recently accepted taxonomic treatments for this 
species. Historically, Calamagrostis expansa was known from wet forest, 
open bogs, and bog margins at 17 locations on East Maui, and in a large 
occurrence covering nearly the entire summin on West Maui, and was 
discovered in 7 occurrences totaling approximately 750 individuals on 
the island of Hawaii in 1995 (O'Connor 1999, p. 1509; HBMP 2010; 
Smithsonian National Museum of Natural History (NMNH) Botany 
Collections 2014, in litt.). Currently, this species is known from 13 
occurrences totaling fewer than 750 individuals from both islands. On

[[Page 58829]]

the island of Maui, there are 2 occurrences in the west Maui Mountains 
(approximately 100 individuals) and 7 occurrences in the east Maui 
Mountains (totaling about 200 individuals), in the montane wet 
ecosystem (Wood 2005, in litt.; TNCH 2007; Welton 2008 and 2010, in 
litt.; Fay 2010, in litt.; HBMP 2010; Oppenheimer 2010 in litt.; 
Agorastos 2011, in litt.). On the island of Hawaii, there are 3 
occurrences in the Kohala Mountains (totaling approximately 400 
individuals) and 1 occurrence of a few individuals in Hawaii Volcanoes 
National Park, in the montane wet ecosystem (Perry 2006, in litt.; TNCH 
2007; HBMP 2010).
    Feral pigs modify and destroy the habitat of Calamagrostis expansa 
on Maui and Hawaii, with evidence of the activities of feral pigs 
reported in the areas where C. expansa occurs on east Maui, and on 
Hawaii Island in the Kohala Mountains and in the Waiakea Forest Reserve 
of Hawaii Volcanoes National Park (Hobdy 1996, in litt.; Medeiros 1996, 
in litt.; Perlman 1996, in litt.; Wood 1996, in litt.; Perry 2006, in 
litt.; HBMP 2010). Ungulates are managed in Hawaii as game animals, but 
public hunting does not adequately control the numbers of ungulates to 
eliminate habitat modification and destruction, or to eliminate 
herbivory by these animals (Anderson et al. 2007, in litt.; HAR-DLNR 
2010, in litt.). Rats have been noted by biologists to affect C. 
expansa at Laupahoehoe Natural Area Reserve (NAR) on Hawaii Island, by 
consuming seeds (HBMP 2010). Nonnative plants compete with this 
species, and modify and destroy native habitat, negatively affecting C. 
expansa on east and west Maui and Hawaii Island. Additionally, the 
small number of individuals may limit this species' ability to adapt to 
environmental change. Climate change may result in alteration of the 
environmental conditions and ecosystem that support this species. The 
species, which already is affected by multiple stressors, may be unable 
to tolerate or adapt to projected changes in temperature and moisture, 
or may be unable to move to areas with more suitable climatic regimes 
(Fortini et al. 2013, p. 68).
    The remaining occurrences of Calamagrostis expansa and habitat for 
its reintroduction are at risk; C. expansa populations are decreasing 
on Maui and Hawaii Island, and this species continues to be negatively 
affected by habitat modification and destruction, and by direct 
competition from nonnative plants, combined with herbivory by nonnative 
ungulates and rats. The effects of climate change are likely to further 
exacerbate these threats. We find that this species should be listed 
throughout all of its range, and, therefore, we find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Cyanea kauaulaensis (NCN), a shrub in the bellflower family 
(Campanulaceae), is endemic to Maui (Oppenheimer and Lorence 2012, p. 
15). This species is 6.5 to 13 ft (2 to 4 m) tall, and is distinguished 
from other Cyanea species by its many-branched habit, with branches 
often rooting when coming in contact with the soil. Leaves are glabrous 
and narrow (2 to 3 in (5 to 7 cm) wide), clustered near the end of the 
branches, flowers are white and tubular, and fruit are bright orange 
(Oppenheimer and Lorence 2012, pp. 15-23). Cyanea kauaulaensis is 
recognized as a distinct taxon by Oppenheimer and Lorence (2012, pp. 
15-23).
    Cyanea kauaulaensis occurs on leeward west Maui, on talus or basalt 
boulder-strewn slopes along perennial streams at 2,400 to 3,000 ft (730 
to 900 m), in the lowland wet ecosystem (TNCH 2007; HBMP 2010; 
Oppenheimer and Lorence 2010, pp. 17-18). Associated native species 
include those within Metrosideros (ohia) lowland wet forest, with 
herbaceous plants, ferns, and some riparian plants (Oppenheimer and 
Lorence 2010, pp. 17-18). This species was first collected during a 
botanical survey in 1989. Further surveys (in 2008, 2009, and 2011) 
revealed more individuals, and study of the collections indicated that 
it was a new species of Cyanea. Currently, C. kauaulaensis is known 
from Kauaula Valley (approximately 50 individuals) and Waikapu Valley 
(12 individuals) (Oppenheimer and Lorence 2012, pp. 15-16, 20).
    The greatest threats to this species currently are the low numbers 
of occurrences and individuals, its limited range, poor seedling 
recruitment, and loss of pollinators and dispersal agents (Oppenheimer 
and Lorence 2012, p. 20). Rats and slugs are noted as a threat to 
Cyanea kauaulaensis by herbivory and seed predation (Oppenheimer and 
Lorence 2012, p. 20). Additionally, nonnative plants modify and destroy 
native habitat and outcompete native species, negatively affecting C. 
kauaulaensis and its habitat (Oppenheimer and Lorence 2012, p. 20). 
Although feral ungulates are present on west Maui, the known 
occurrences of C. kauaulaensis are likely not at risk from ungulates 
because of their location in extremely steep and rugged terrain; 
however, because of the terrain, landslides and flooding may impact 
this species (Oppenheimer and Lorence 2012, pp. 20-21). Because of the 
threats described above, we find that this species should be listed 
throughout all of its range, and, therefore, we find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Cyclosorus boydiae (previously Christella boydiae) (kupukupu 
makalii) is a small to medium-sized member of the thelypteroid fern 
family (Thelypteridaceae), with reclining or erect stems and a large, 
tangled mass of roots that form a holdfast (Pukui and Elbert 1986, p. 
186; Palmer 2003, pp. 87-88). In 1879, Eaton (pp. 361-362) named it for 
the original collector, Miss E.S. Boyd, calling it Aspidium (Cyrtomium) 
boydiae, for those plants occurring on Oahu. In 1888, Hillebrand (p. 
572) described two varieties, A. cyatheoides var. depauperatum, 
occurring on the islands of Hawaii and Oahu, and A. cyatheoides var. 
exaltatum occurring on Kauai. Iwatsuki moved the two species to the 
genus Thelypteris in 1964 (Iwatsuki 1964, p. 28 in Medeiros et al. 
1993, pp. 87-88; Palmer 2003, pp. 87-88). In 1999, Wagner (W.H., et 
al.) moved the genus Aspidium to Cyclosorus and recognized two 
varieties: Cyclosorus variety boydiae on Oahu and Cyclosorus variety 
kipahuluensis on Maui (Wagner et al. 1999, pp. 153, 156-157). In 2003, 
Palmer returned the species to Christella and did not recognize any 
varieties (2003, pp. 87-88). Following Smith (et al. 2006, p. 716), 
Christella was merged into Cyclosorus. Cyclosorus boydiae is the most 
recently accepted scientific name for this fern. Typical habitat for 
Cyclosorus boydiae is exposed, rocky, or moss-covered banks of stream 
courses in dense-wet Metrosideros-Acacia (ohia-koa) forest, at 4,300 to 
4,400 ft (1,300 to 1,350 m), with other native ferns, grasses, and 
dwarfed woody species, in the lowland wet and montane wet ecosystems 
(Hillebrand 1888, p. 572; Medeiros et al. 1993, p. 87; Wagner (W.H.) et 
al. 1999, p. 156; TNCH 2007; HBMP 2010).
    Historically, this fern was known from near sea level to 4,400 ft 
(1,350 m) on Oahu, Maui, and Hawaii Island (Hillebrand 1888, p. 572; 
Medeiros et al. 1993, pp. 86-87; Palmer 2003, pp. 87-88). Currently, 
Cyclosorus boydiae is found only at higher elevations on Oahu and east 
Maui, in 7 occurrences totaling approximately 400 individuals (Palmer 
2003, pp. 87-88; Oppenheimer 2008, in litt.; Fay 2010, in litt.; HBMP 
2010; Welton 2010, in litt.). On east Maui, there are 5 occurrences 
(approximately 360 individuals) in the lowland wet and

[[Page 58830]]

montane wet ecosystems, and on Oahu, there are 2 occurrences in the 
Koolau Mountains in the montane wet ecosystem, totaling 40 individuals 
(Palmer 2003, pp. 87-88; Wood 2007, in litt.; Kam 2008, in litt.; 
Oppenheimer 2008 and 2010, in litt.; HBMP 2010; Welton 2010, in litt.; 
Ching 2011, in litt.). The historical occurrence of C. boydiae on the 
island of Hawaii was found in the lowland wet ecosystem (HBMP 2010).
    Feral pigs modify and destroy the habitat of Cyclosorus boydiae on 
Maui and Oahu, with evidence of the activities of feral pigs reported 
at three occurrences of C. boydiae on east Maui and at two occurrences 
on Oahu. However, on east Maui, two of the five occurrences are 
provided protection in Haleakala National Park (Wood 2007, in litt.; 
Wood 2013, in litt.; HBMP 2010; Kawelo 2011, in litt.). Ungulates are 
managed in Hawaii as game animals, but public hunting does not 
adequately control the numbers of ungulates to eliminate habitat 
modification and destruction, or to eliminate herbivory by these 
animals (Anderson et al. 2007, in litt.; HAR-DLNR 2010, in litt.). 
Historical occurrences of C. boydiae on Oahu have dramatically declined 
in numbers or disappeared as a result of habitat alteration, landslides 
and flooding, nonnative plant species invading lower elevation stream 
courses, and man-made stream diversions (Medeiros et al. 1993, p. 88; 
Palmer 2003, p. 88). Nonnative plants such as Tibouchina herbaceae 
(glorybush) modify and destroy native habitat of C. boydiae, and 
outcompete this and other native species for water, nutrients, light, 
and space, or a nonnative plant may produce chemicals that inhibit 
growth of other plants (Smith 1985, pp. 180-250; Vitousek et al. 1987 
in Cuddihy and Stone 1990, p. 74; Wood 2013, in litt.). Herbivory by 
feral pigs negatively impacts this species (HBMP 2010). Climate change 
may result in alteration of the environmental conditions and ecosystems 
that support this species. Cyclosorus boydiae, which already is 
affected by multiple stressors, may be unable to tolerate or adapt to 
projected changes in temperature and moisture, or may be unable to move 
to areas with more suitable climatic regimes (Fortini et al. 2013, p. 
72).
    The remaining occurrences of Cyclosorus boydiae and habitat for its 
reintroduction are at risk; C. boydiae populations are decreasing on 
Oahu, Maui, and Hawaii Island, and the species continues to be 
negatively affected by habitat loss and destruction by ungulates, 
direct competition with nonnative plants, and herbivory by ungulates. 
The effects of climate change are likely to further exacerbate these 
threats. We find that this species should be listed throughout all of 
its range, and, therefore, we find that it is unnecessary to analyze 
whether it is endangered or threatened in a significant portion of its 
range.
    Cyperus neokunthianus (NCN) is a perennial plant in the sedge 
family (Cyperaceae). Culms are three-sided, 16 to 47 in (40 to 120 cm) 
tall, with short and slightly thickened rhizomes. Leaves are shorter 
than to as long as the culm, with flat or curved margins and reddish 
brown to dark brown sheaths. Inflorescences are umbelliform (with a 
short axis), open to moderately dense, bearing numerous spikelets 
(flower clusters). Achenes (fruit) are oblong, 3-sided, and about 1 in 
(2 mm) long (Koyama 1999, p. 1420).
    Cyperus neokunthianus was previously recognized as Mariscus 
kunthianus, following the taxonomic treatment of Koyama (1990, p. 
1420). In 1997, Strong and Wagner (p. 39) following Tucker (1994, p. 
9), and more recently Wagner and Herbst (2003, pp. 52-53; 2012, p. 81), 
moved all Hawaiian species of Mariscus to Cyperus, and provides the 
most currently accepted taxonomic treatment of this species. Cyperus 
neokunthianus occurs in riparian areas of the lowland wet ecosystem on 
west Maui (Wagner et al. 1999, p. 1420; TNCH 2007; HBMP 2010). 
Historically, this species is known from Honokohau Falls at 2,800 ft 
(854 m) and Waihee Valley (HBMP 2010; Global Biodiversity Information 
Facility (GBIF) database 2014). This species was last observed in 1996. 
Currently, there are no known individuals in the wild; however, Waihee 
Valley and Maui County lands have been suggested as potential habitat 
for further surveys (PEPP 2013, p. 32; PEPP 2014, p. 59).
    Feral pigs modify and destroy the habitat of Cyperus neokunthianus 
on west Maui, with evidence of the activities of feral pigs reported in 
the area where this species was last observed (HBMP 2010). Habitat 
modifications resulting from activities of feral pigs that affect C. 
neokunthianus include direct destruction of this species and other 
native plants, disruption of topsoil leading to erosion, and 
establishment and spread of nonnative plants. Ungulates are managed in 
Hawaii as game animals, but public hunting does not adequately control 
the numbers of ungulates to eliminate habitat modification and 
destruction, or to eliminate herbivory by these animals (Anderson et 
al. 2007, in litt.; HAR-DLNR 2010, in litt.). Additionally, nonnative 
plants degrade and destroy native habitat and outcompete native 
species, also negatively affecting habitat of C. neokunthianus on west 
Maui. Currently, there are no known extant individuals; however, if it 
is extant, low numbers make this species more vulnerable to extinction 
because of the higher risks from genetic bottlenecks, random 
demographic fluctuations, and localized catastrophes.
    Habitat for any remaining individuals of Cyperus neokunthianus, and 
for its reintroduction, is at risk; the species continues to be 
negatively affected by habitat modification and destruction by 
nonnative animals and plants. We find that this species should be 
listed throughout all of its range, and, therefore, we find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Cyrtandra hematos (haiwale), a shrub in the African violet family 
(Gesneriaceae), is endemic to Molokai (Wagner et al. 1999, pp. 760, 
762). This species is 1 to 6.5 ft (0.3 to 2 m) tall, with minimally 
branched stems. The leaves are in whorls of 3 to 4 per node, often 
closely spaced and borne on the upper 5 to 8 nodes. Flowers are 
solitary, white with a greenish calyx, and narrowly tubular. Flower 
stalks are 0.3 to 0.4 in (8 to 10 mm) long, and tubes are about 0.7 in 
(18 mm) long (Wagner et al. 1999, pp. 760, 762). Cyrtandra hematos is 
recognized as a distinct taxon by Wagner et al. (1999, pp. 760, 762), 
who provide the most recently accepted taxonomic treatment of this 
species. Cyrtandra hematos occurs in wet forest at 3,400 to 3,800 ft 
(1,030 to 1,150 m) on eastern Molokai, in the montane wet ecosystem 
(Wagner et al. 1999, pp. 760, 762; HBMP 2010; TNCH 2007). Historically, 
this species was known from the Olokui Plateau, Kawela, and Kahuoahu 
Valley on Molokai (Wagner et al. 1999, pp. 760, 762). Currently, 
approximately 30 individuals are known from Kapulei, but this 
occurrence has not been monitored since 1999 (USFWS Rare Taxon 
Database, in litt.).
    Feral pigs and goats modify and destroy the habitat of Cyrtandra 
hematos on Molokai, with evidence of the activities of these animals 
reported in the areas where this species occurs (USFWS Rare Taxon 
Database, in litt.). Ungulates are managed in Hawaii as game animals, 
but public hunting does not adequately control the numbers of ungulates 
to eliminate habitat modification and destruction, or to eliminate 
herbivory by these animals

[[Page 58831]]

(Anderson et al. 2007, in litt.; HAR-DLNR 2010, in litt.). 
Additionally, nonnative plants modify and destroy native habitat of C. 
hematos and outcompete this and other native species for water, 
nutrients, light, and space, or a nonnative plant may produce chemicals 
that inhibit growth of other plants (USFWS Rare Taxon Database, in 
litt.). This species may experience reduced reproductive vigor due to 
low numbers and lack of regeneration, leading to diminished capacity to 
adapt to environmental changes, and thereby lessening the probability 
of long-term persistence (Barrett and Kohn 1991, p. 4; Newman and 
Pilson 1997, p. 361). The reasons for this species' lack of 
regeneration in the wild are unknown at this time. Climate change may 
result in alteration of the environmental conditions and ecosystem that 
support this species. Cyrtandra hematos, which already is affected by 
multiple stressors, may be unable to tolerate or adapt to projected 
changes in temperature and moisture, or may be unable to move to areas 
with more suitable climatic regimes (Fortini et al. 2013, p. 72).
    The remaining occurrences of Cyrtandra hematos and habitat for its 
reintroduction are at risk. The known individuals are restricted to a 
small area on Molokai and continue to be negatively affected by habitat 
modification and destruction by ungulates, and by direct competition 
with nonnative plants combined with predation by nonnative ungulates. 
The low number of remaining individuals may limit this species' ability 
to adapt to environmental changes. The effects of climate change are 
likely to further exacerbate these threats. We find that this species 
should be listed throughout all of its range, and, therefore, we find 
that it is unnecessary to analyze whether it is endangered or 
threatened in a significant portion of its range.
    Deparia kaalaana (NCN), a small, terrestrial fern in the ladyfern 
family (Athyraceae), is recognized as a distinct taxon by Palmer (2003, 
pp. 109-111) and Christenhusz et al. (2012, p. 16). Fronds (fern 
leaves) are 6 to 12 in (15 to 30 cm) long, sometimes bearing plantlets 
at the end of the rachis (the midrib of the fern blade, which is the 
expanded part of the frond above the stipe). Stipes (the stalk of the 
frond joining the stem to the blade) are straw-colored and sparsely 
scaly. Blades are oblong-lanceolate, with 9 to 11 pairs of pinnae. This 
species is distinguished from D. marginalis by its smaller, short-
stalked and obliquely arranged pinnae, ultimate segments, and veins 
(Palmer 2003, pp. 109-111).
    This fern is historically known from the islands of Kauai, Maui, 
and Hawaii, on rocky stream banks and in wet forest, in the lowland 
mesic and lowland wet ecosystems (Oppenheimer and Bustamente 2014, p. 
103; Palmer 2003, pp. 109-111; PEPP 2014, p. 95; HBMP 2010; TNCH 2007). 
Deparia kaalaana was presumed extinct on all three islands where it 
previously occurred until one individual was discovered on east Maui, 
growing along a perennial stream on the western side of a small pool 
with other native ferns and herbaceous plants (Oppenheimer and 
Bustamente 2014, pp. 103-107; PEPP 2014, p. 95).
    Feral pigs modify and destroy habitat of Deparia kaalaana by 
facilitating the spread of nonnative plants, which converts vegetation 
communities from native to nonnative (Oppenheimer and Bustamente 2014, 
p. 106; Cuddihy and Stone 1990, p. 63). Ungulates are managed in Hawaii 
as game animals, but public hunting does not adequately control the 
numbers of ungulates to eliminate habitat modification and destruction, 
or to eliminate herbivory by these animals (Anderson et al. 2007, in 
litt; HAR-DLNR 2010, in litt.). Nonnative plants such as Blechnum 
appendiculatum (NCN), Clidemia hirta (Koster's curse), Hedychium 
gardnerianum (kahili ginger), Prunella vulgaris (selfheal), and Rubus 
argutus (prickly Florida blackberry) are capable of displacing all of 
the riparian habitat elements, such as native plants, in the area where 
D. kaalaana occurs. Nonnative slugs such as Derocerus laevis and Limax 
maximus are common in the area and can consume young plants (Joe and 
Daehler 2008, pp. 252-253). Climate change may induce frequent and 
severe drought or cause extreme flooding events, and may impact the 
habitat and D. kaalaana directly (Chu et al. 2010, pp. 4887, 4891, 
4898). A single catastrophic event may result in extirpation of the 
remaining individual.
    The remaining occurrence of Deparia kaalaana and habitat for its 
reintroduction are at risk, and both the species and its habitat on 
Hawaii, Maui, and Kauai continues to be negatively affected by 
modification and destruction by nonnative ungulates, and by direct 
competition with nonnative plants, combined with herbivory by nonnative 
ungulates and slugs. We find that this species should be listed 
throughout all of its range, and, therefore, we find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Dryopteris glabra var. pusilla (hohiu) is a small, terrestrial fern 
in the wood fern family (Dryopteridaceae). Fronds are 1.5 to 12 in (4 
to30 cm) long and densely clustered, with very thin stipes, and fertile 
when small. Blades are 2- to 3-pinnate, with winged rachises, and 
marginal to submarginal sori (clusters of sporangia, the spore-bearing 
(reproductive) structures of ferns, along the blade edge). This species 
is recognized as a distinct taxon by Palmer (2003, p. 144). Habitat for 
Dryopteris glabra var. pusilla is deep shade on rocky, mossy 
streambanks in wet forest at about 4,000 ft (1,200 m), in the montane 
wet ecosystem on Kauai (Palmer 2003, p. 144; TNCH 2007; HBMP 2010). 
Historically, D. glabra var. pusilla was known from the Kawaikoi stream 
area (HBMP 2010). Currently, this species is known from fewer than 250 
individuals in the Alakai Wilderness Preserve (including the Kawaiko 
stream area) on Kauai (National Tropical Botanical Garden (NTBG) 
Herbarium Database 1995, in litt.; HBMP 2010).
    Dryopteris glabra var. pusilla is at risk from habitat degradation 
by nonnative plants and feral ungulates, loss of reproductive vigor, 
and the species' vulnerability to climate change. Habitat modification 
and destruction by nonnative plants and feral ungulates is an ongoing 
threat to Dryopteris glabra var. pusilla. Although most individuals 
occur in the Alakai Wilderness Preserve, only portions of the Preserve 
are fenced to prevent ungulate incursion. Ungulates are managed in 
Hawaii as game animals, but public hunting does not adequately control 
the numbers of ungulates to eliminate habitat modification and 
destruction, or to eliminate herbivory by these animals (Anderson et 
al. 2007, in litt.; HAR-DLNR 2010, in litt.). In addition, the limited 
number of occurrences and few individuals lead to a diminished capacity 
to adapt to environmental changes, thereby lessening the probability of 
long-term persistence, and a single catastrophic event may result in 
extirpation of remaining occurrences. Climate change may result in 
alteration of the environmental conditions and ecosystem that support 
this species. Dryopteris glabra var. pusilla pusilla may be unable to 
tolerate or respond to changes in temperature and moisture, or may be 
unable to move to areas with more suitable climatic regimes (Fortini et 
al. 2013, p. 74). Because of these threats, we find that this species 
plant should be listed as endangered throughout all of its range, and, 
therefore, we find that it is unnecessary to analyze whether it is 
endangered or

[[Page 58832]]

threatened in a significant portion of its range.
    Exocarpos menziesii (heau) is shrub in the sandalwood family 
(Santalaceae). Individuals are from 2 to 6.5 ft (0.5 to 2 m) tall. 
Stems are densely branched toward the ends, with conspicuously maroon-
tinged tips. The leaves are usually scale-like, with occasional 
oblanceolate, foliaceous leaves 0.4 to 0.6 in (10 to 14 mm) long. 
Flowers are red and drupes are reddish brown to red at maturity, ovoid, 
0.3 to 0.4 in (7 to 10 mm) long, with a small terminal beak partially 
embedded in a yellow, fleshy, receptacle (Wagner et al. 1999, p. 1218). 
Exocarpos menziesii is recognized as a distinct taxon by Wagner et al. 
(1999, p. 1218), who provide the most recently accepted taxonomic 
treatment of this species. This species occurs in Metrosideros 
shrubland or drier forest areas, and on lava flows with sparse 
vegetation, from 4,600 to 6,900 ft (1,400 to 2,100 m), in the montane 
dry ecosystem on the island of Hawaii (Wagner et al. 1999, p. 1218; 
TNCH 2007; HBMP 2010). Historically, this species was also found in the 
lowland mesic (Lanai and Hawaii Island) and montane mesic ecosystems 
(Hawaii Island) (TNCH 2007; HBMP 2010).
    Exocarpos menziesii is historically known from the island of Lanai 
(Kaiholena Gulch) and was formerly more wide-spread on the island of 
Hawaii (from Kahuku Ranch in the south to Hualalai and Puukapele on the 
leeward slopes) (Wagner et al. 1999, p. 1218; TNCH 2007; HBMP 2010). 
Currently, there is 1 scattered occurrence of fewer than 20 individuals 
on the slopes of Hualalai and approximately 1,800 individuals in the 
U.S. Army's Pohakuloa Training Area (PTA) on the island of Hawaii (PEPP 
2013, pp. 10, 33; Thomas 2014, in litt.; Evans 2015, in litt.). There 
are no known occurrences of this species on Lanai today.
    Feral goats, mouflon, and sheep modify and destroy the habitat of 
Exocarpos menziesii on Hawaii Island, with evidence of the activities 
of these animals reported in the areas where this species occurs (USFWS 
Rare Taxon Database 2015, in litt.). Ungulates are managed in Hawaii as 
game animals, but public hunting does not adequately control the 
numbers of ungulates to eliminate habitat modification and destruction, 
or to eliminate herbivory by these animals (Anderson et al. 2007, in 
litt; HAR-DLNR 2010, in litt.). Feral ungulate management is 
incorporated into the U.S. Army's PTA management plan. These plants are 
provided some protection within fenced management units in the training 
area; however, feral goats are still being removed from within the 
fenced area (Evans 2015, in litt.; Nadig 2015, in litt.). Any 
individuals of E. menziesii outside of fenced exclosures or outside of 
the managed area are at risk. Occurrences and numbers of individuals 
have declined on the island of Hawaii (HBMP 2010; Thomas 2014, in 
litt.), once widely distributed from the south to the west sides of the 
island, and are now restricted to two locations;, consequently E. 
menziesii may experience reduced reproductive vigor due to reduced 
levels of genetic variability, leading to diminished capacity to adapt 
to environmental changes, thereby reducing the probability of long-term 
persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, p. 
361; HBMP 2010). Fire is a potential threat to this species; although 
the U.S. Army has constructed firebreaks and has standard operating 
procedures in place for prevention and suppression of wildfires at PTA, 
wildfires may encroach from other areas (U.S. Army Garrison 2013, in 
litt.). The small number of individuals outside the occurrence at PTA 
may limit this species' ability to adapt to environmental change. 
Climate change may result in alteration of the environmental conditions 
and ecosystems that support this species. Exocarpos menziesii may be 
unable to tolerate or respond to changes in temperature and moisture, 
or may be unable to move to areas with more suitable climatic regimes 
(Fortini et al. 2013, p. 76).
    The remaining occurrences of Exocarpos menziesii and suitable 
locations for reintroductions are at risk from habitat modification and 
destruction; from herbivory, by feral goats, mouflon, and sheep; and 
from the small number of remaining occurrences. Fire is a potential 
threat to this species. The effects of climate change are likely to 
exacertbate these threats. Because of these threats, we find that this 
species should be listed throughout all of its range, and, therefore, 
we find that it is unnecessary to analyze whether it is endangered or 
threatened in a significant portion of its range.
    Festuca hawaiiensis (NCN) is a cespitose (growing in tufts or 
clumps) annual in the grass family (Poaceae) (O'Connor 1999, p. 1547). 
This species has numerous erect culms (stems or stalks) 2 to 5 ft (0.5 
to 1.5 m) tall, branching above the base, which are glabrous to 
slightly hairy. Sheaths are open and blades are flat and smooth, 10 to 
16 in (25 to 40 cm) long, and 0.1 to 0.5 in (0.3 to 1 cm) wide. 
Branched inflorescences are composed of 6 to 8 alternate racemes (many 
flowers on one branch), with a flattened rachis (main axis) with flat 
hairs. The fruits are ellipsoid, dorsally compressed, and approximately 
0.2 in (5 mm) long (O'Connor 1999, p. 1547). Festuca hawaiiensis was 
treated by Hillebrand (1888, pp. 534-535) as an introduced species, F. 
drymeia; however, F. hawaiiensis is currently recognized as a distinct 
taxon in O'Connor (1999, p. 1547), the most recently accepted Hawaiian 
plant taxonomy.
    Typical habitat for this species is dry forest at 6,500 ft (2,000 
m), in the montane dry ecosystem (O'Connor 1999, p. 1547). 
Historically, F. hawaiiensis occurred at Hualalai and Puu Huluhulu on 
the island of Hawaii, and possibly at Ulupalakua on Maui; however, it 
is no longer found at these sites (O'Connor 1999, p. 1547). Currently, 
F. hawaiiensis is only known from PTA on the island of Hawaii (HBMP 
2010). These remaining four occurrences are within an area of less than 
10 square miles (26 square kilometers) and total approximately 1,500 
individuals (U.S. Army Garrison 2013, in litt.; Evans 2015, in litt.).
    Habitat destruction by feral goats, sheep, and mouflon is a threat 
to the habitat of Festuca hawaiiensis. These ungulates browse on native 
plants such as grasses, and likely browse on F. hawaiiensis. Ungulates 
are managed in Hawaii as game animals, but public hunting does not 
adequately control the numbers of ungulates to eliminate habitat 
modification and destruction, or to eliminate herbivory by these 
animals (Anderson et al. 2007, in litt.; HAR-DLNR 2010, in litt.). 
Feral ungulate management is incorporated into the U.S. Army's PTA 
management plan. These plants are provided some protection within 
fenced management units in the training area; however, goats were 
recently removed from within fenced areas (Evans 2015, in litt.; Nadig 
2015, in litt.). Any individuals of F. hawaiiensis outside of fenced 
exclosures or outside of the managed area are at risk. Nonnative 
plants, such as Cenchrus setaceus (Pennisetum setaceum, fountain 
grass), are naturalized in the area, and outcompete F. hawaiiensis and 
other native plants. Occurrences and numbers of individuals are 
declining on the island of Hawaii, and F. hawaiiensis likely 
experiences reduced reproductive vigor due to reduced levels of genetic 
variability, leading to diminished capacity to adapt to environmental 
changes, thereby reducing the probability of long-term persistence 
(Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, p. 361; HBMP 
2010).

[[Page 58833]]

Fire is a potential threat to this species, especially because of the 
ingress of nonnative grass species. Although the U.S. Army has 
constructed firebreaks and has standard operating procedures in place 
for prevention and suppression of wildfires at PTA, fires may encroach 
from other areas, exacerbated by fuel loads provided by nonnative 
grasses (U.S. Army Garrison 2013, in litt.). Climate change may result 
in alteration of the environmental conditions and ecosystems that 
support this species. Festuca hawaiiensis may be unable to tolerate or 
respond to changes in temperature and moisture, or may be unable to 
move to areas with more suitable climatic regimes (Fortini et al. 2013, 
p. 76).
    The remaining occurrence of Festuca hawaiiensis and habitat for its 
reintroduction are at risk; F. hawaiiensis occurences have decreased on 
Hawaii Island, as it no longer occurs at Hualalai and Puu Huluhulu, and 
the species may be extirpated from Maui. This species continues to be 
negatively affected by habitat modification and destruction by 
ungulates and by direct competition with nonnative plants, combined 
with herbivory by ungulates, especially on Maui. Fire is a potential 
threat to the species and its habitat. The effects of climate change 
are likely to further exacerbate these threats. Because of these 
threats, we find that this species should be listed throughout all of 
its range, and, therefore, we find that it is unnecessary to analyze 
whether it is endangered or threatened in a significant portion of its 
range.
    Gardenia remyi (nanu) is a tree in the coffee family (Rubiaceae). 
This species is 10 to 43 ft (3 to 13 m) tall with branches that are 
quadrangular and covered with fine, short, sticky hairs. Leaves are 
clustered towards the tips of the branches, broadly elliptic to ovate, 
4 to 10 in (9 to 24 cm) long, 2 to 4 in (5 to 10 cm) wide, with a 
glabrous upper surface and dull lower surface. Flowers are fragrant, 
solitary, with a 6- to 8-lobed white corolla. Fruit are orange, round 
to ellipsoid, 1 in (3 cm) in diameter, with small seeds (Wagner et al. 
1999, p. 1133). Gardenia remyi was described by Mann (1867, p. 171). 
This species is recognized as a distinct taxon in Wagner et al. (1999, 
p. 1133), which provides the most recently accepted taxonomic treatment 
of this species. Typical habitat for G. remyi is mesic to wet forest at 
190 to 2,500 ft (60 to 760 m), in the lowland mesic (Kauai, Molokai, 
and Hawaii Island) and lowland wet ecosystems (Kauai, Molokai, Maui, 
and Hawaii Island) (Wagner et al. 1999, p. 1133; TNCH 2007; HBMP 2010).
    Historically, this species was found on the island of Hawaii at Wao 
Kele O Puna NAR, Waiakea Forest Reserve (FR), Pahoa, and Hakalau Nui. 
On Maui, this species was known from Wailuaiki and Waikamoi in the 
Koolau FR, and from Papaaea and Kipahulu. On Molokai, this species was 
known from Keopukaloa, Pukoo, Honomuni, Halawa, and Kaluaaha (HBMP 
2010). On Kauai, this species ranged across the island, and was known 
from Halelea, Kealia, Moloaa, and Lihue-Koloa FRs, including Hanakapiai 
Valley, Mahaulepu, and east Wahiawa Bog. Currently, Gardenia remyi is 
known from 19 occurrences totaling approximately 90 individuals on the 
islands of Hawaii, Maui, Molokai, and Kauai (Wood 2005, in litt.; 
Oppenheimer 2006, pers. comm.; Perry 2006, in litt.; Welton 2008, in 
litt.; Agorastos 2010, in litt.; HBMP 2010; Perlman 2010, in litt.). On 
Hawaii, individuals occur in Puu O Umi NAR (12), Wao Kele O Puna (3), 
Waiakea FR (1), and in Kohala NAR (1 individual in poor health and 
threatened by habitat modification and destruction and competition with 
Melastoma sp.). On east Maui, there is 1 individual at Kipahulu, and on 
west Maui, there are 2 individuals at Honokohau drainage, an occurrence 
of 21 individuals at Honolua peak, and 9 individuals at Honokohau-
Hononana ridge (Oppenheimer 2006, pers. comm.; Welton 2009, in litt.). 
The number of individuals in the Molokai FR declined from 20 to 4 over 
a period of 5 years (Oppenheimer 2006, pers. comm.). Currently, on 
Molokai, there are 2 individuals within the Molokai FR, 1 individual at 
Manuahi ridge, and possibly 1 remaining individual at Mapulehu. On 
Kauai there are 6 individuals at Limahuli, 14 at Kalalau, 1 at 
Puuauuka, 2 at Puu Kolo, 1 at Waioli Valley, 1 at Kahili, and 6 at 
Waipa (NTBG 2008, in litt; Perlman 2010, in litt.).
    Habitat modification and destruction by feral pigs, goats, and deer 
negatively affects Gardenia remyi and areas for its reintroduction 
(Perry, in litt. 2006; PEPP 2008, p. 102; HBMP 2010). Feral pigs and 
signs of their activities have been reported at occurrences of G. remyi 
in the Kohala Mountains and at Wao Kele O Puna on the island of Hawaii; 
the Halelea and Lihue-Koloa FRs on Kauai; the West Maui FR and West 
Maui NAR, and the Puu Kukui Preserve on Maui; and the Molokai FR. Goats 
and signs of their activities are reported at the occurrences of G. 
remyi on the island of Kauai at the Kalalau Valley, and on the island 
of Molokai in Pelekunu Preserve and the Molokai FR. Axis deer and signs 
of their activities are reported at the occurrences of G. remyi in the 
Molokai FR (HBMP 2010). Herbivory by these ungulates is a likely threat 
to G. remyi, as they browse on leaves and other parts of almost any 
woody or fleshy plant species. Nonnative plants modify and destroy 
native habitat of G. remyi and outcompete this and other native plant 
for water, nutrients, light, and space, in areas where G. remyi occurs 
on Hawaii Island, Kauai, Maui, and Molokai (Oppenheimer 2006, pers. 
comm.; Perry 2006, in litt.; Welton 2008, in litt.; HBMP 2010). 
Landslides are a threat to the occurrences and habitat of G. remyi 
ranging from Honopue to Waipio in the Kohala Mountains on Hawaii Island 
(Perry 2006, in litt.). Lack of pollination was suggested as the cause 
for abortion of immature fruits that were seen among plants at Wao Kele 
O Puna FR on the island of Hawaii (PEPP 2010, p. 73). Similarly, 
Agorastos (2011, in litt.) reported no viable seed production in the 
wild or within ex situ collections at Volcano Rare Plant Facility and 
no recruitment in the wild among the 14 individuals observed on the 
island of Hawaii, for unknown reasons. Predation of seeds by rats is 
reported as a threat to individuals on Kauai (NTBG 2008, in litt.). 
Climate change may result in alteration of the environmental conditions 
and ecosystems that support this species. Gardenia remyi may be unable 
to tolerate or respond to changes in temperature and moisture, or may 
be unable to move to areas with more suitable climatic regimes (Fortini 
et al. 2013, p. 76).
    The remaining occurrences of Gardenia remyi and habitat for its 
reintroduction are at risk. Gardenia remyi continues to be negatively 
affected by habitat modification and destruction by ungulates, and by 
direct competition from nonnative plants, combined with herbivory by 
ungulates and seed predation by rats. Natural events such as landslides 
are a threat to occurrences on the island of Hawaii. Pollination and 
seed production are observed to be limited. Low numbers of individuals 
(90 total individuals distributed across 4 islands) makes this species 
more vulnerable to extinction because of the higher risks from genetic 
bottlenecks, random demographic fluctuations, and localized 
catastrophes. The effects of climate change are likely to exacerbate 
these threats. Because of these threats, we find that this species 
should be listed throughout all of its range, and, therefore, we find 
that it is unnecessary to analyze whether it is endangered or 
threatened in a significant portion of its range.

[[Page 58834]]

    Huperzia stemmermanniae (NCN) is an epiphytic, hanging fir-moss (a 
fern ally) in the club moss family (Lycopodiaceae). Sterile stem bases 
are unforked or once-forked, short, usually less than 6 in (15 cm) 
long, green to pale yellow, with fertile terminal strobili (fertile 
leaves). The strobili fork at an acute angle and the branches are 
usually straight (Palmer 2003, pp. 257-259). Huperzia stemmermanniae 
was first described as Phlegmariurus stemmermanniae by Medeiros and 
Wagner (Medeiros et al. 1996, pp. 90-96). Kartesz (1999, in NatureServe 
Explorer 2014, in litt.) moved the species to the genus Huperzia. 
Currently this species is recognized as a distinct taxon in the latest 
treatment (Palmer 2003, pp. 257-259). This species is epiphytic on 
rough bark of living trees or fallen logs in Metrosideros polymorpha-
Acacia koa forest on east Maui and the island of Hawaii, at 3,200 to 
3,800 ft (975 to 1,160 m), in the montane wet ecosystem (Medeiros et 
al. 1996, p. 93; Palmer 2003, pp. 257, 259; TNCH2007; HBMP 2010). There 
is little information available on the historical range of this 
species. Huperzia stemmermanniae was first collected in 1981, from two 
occurrences totaling 10 individuals in Laupahoehoe NAR on the island of 
Hawaii, and was mistakenly identified as H. mannii (Medeiros et al. 
1996, p. 93; HBMP 2010). Currently, approximately 30 individuals occur 
in the Laupahoehoe area on the island of Hawaii. One individual 
occurred in Kaapahu Valley on east Maui, but this individual has not 
been relocated since 1995 (Perry 2006, in litt.; Welton 2008, in litt.; 
HBMP 2010; Conry 2012, in litt.).
    Feral pigs, goats, axis deer, and cattle modify and destroy the 
habitat of Huperzia stemmermanniae on Maui, and feral pigs modify and 
destroy the habitat of this species on Hawaii Island (Medeiros et al. 
1996, p. 96; Wood 2003, in litt.; HBMP 2010). Herbivory by feral pigs, 
goats, cattle, and axis deer is a potential threat to H. 
stemmermanniae. Nonnative plants modify and destroy the forest habitat 
that supports the native species upon which this epiphytic plant grows, 
and drought may also negatively affect this species and its habitat 
(Medeiros et al. 1996, p. 96; Perry 2006, in litt.; HBMP 2010). 
Huperzia stemmermanniae may experience reduced reproductive vigor due 
to reduced levels of genetic variability, leading to diminished 
capacity to adapt to environmental changes, thereby lessening the 
probability of long-term persistence (Barrett and Kohn 1991, p. 4; 
Newman and Pilson 1997, p. 361; HBMP 2010). Climate change may result 
in alteration of the environmental conditions and ecosystems that 
support this species. Huperzia stemmermanniae may be unable to tolerate 
or respond to changes in temperature and moisture, or may be unable to 
move to areas with more suitable climatic regimes (Fortini et al. 2013, 
p. 77).
    The remaining occurrences of Huperzia stemmermanniae and habitat 
for its reintroduction are at risk. The known individuals are 
restricted to a small area on Hawaii Island, and this species continues 
to be negatively affected by habitat modification and destruction by 
ungulates. The low numbers of individuals H. stemmermanniae may reduce 
the probability of its long-term persistence. The effects of climate 
change are likely to further exacerbate these threats. Because of these 
threats, we find that this species should be listed throughout all of 
its range, and, therefore, we find that it is unnecessary to analyze 
whether it is endangered or threatened in a significant portion of its 
range.
    Hypolepis hawaiiensis var. mauiensis (olua) is a small terrestrial 
member of the bracken fern family (Dennstaedtiaceae), and is recognized 
as a distinct taxon by Palmer (2003, pp. 168-169). This variety is a 
miniature form of H. hawaiiensis. Fronds are 2.5 to 10 in (6 to 25 cm) 
long; rhizomes are slender, 0.04 to 0.1 in (1 to 3 mm) in diameter; and 
parts are covered with chainlike, acute-tipped, tan hairs. Fronds are 
fully fertile at their smallest size (Palmer 2003, pp. 168-169). 
Hypolepis hawaiiensis var. mauiensis occurs in mesic and wet forest, 
but predominately in the montane wet ecosystem (Palmer 2003, pp. 168-
170). This species is historically known from Eke Crater, Kapunakea, 
and Puu Kukui, on west Maui (Palmer 2003, pp. 168-170). Currently, 5 to 
10 individuals are known from openings between bogs above 5,000 ft on 
west Maui, and a few individuals occur at Hanawi on east Maui (Maui Nui 
Task Force (MNTF) 2010, in litt.).
    Nonnative plants modify and destroy the habitat of Hypolepis 
hawaiiensis var. mauiensis on east and west Maui (HBMP 2010; MNTF 2010, 
in litt.). Nonnative plants also displace this and other native 
Hawaiian plant species by competing for water, nutrients, light, and 
space, or they may produce chemicals that inhibit growth of other 
plants (Smith 1985, pp. 180-250; Vitousek et al. 1987 in Cuddihy and 
Stones 1990, p. 74; MNTF 2010). This fern may experience reduced 
reproductive vigor due to low numbers of individuals, leading to 
diminished capacity to adapt to environmental changes, and thereby 
lessening the probability of long-term persistence (Barrett and Kohn 
1991, p. 4; Newman and Pilson 1997, p. 361). Climate change may result 
in alteration of the environmental conditions and ecosystems that 
support this species. Hypolepis hawaiiensis var. mauiensis may be 
unable to tolerate or respond to changes in temperature and moisture, 
or may be unable to move to areas with more suitable climatic regimes 
(Fortini et al. 2013, p. 78).
    The remaining occurrences of Hypolepis hawaiiensis var. mauiensis 
and habitat for its reintroduction are at risk. Nonnative plants modify 
and destroy native habitat, and also outcompete native Hawaiian plants. 
This variety is moderately vulnerable to the impacts of climate change, 
and the small number of remaining individuals may limit this variety's 
ability to adapt to environmental change. Because of these threats, we 
find that this plant should be listed throughout all of its range, and, 
therefore, we find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Joinvillea ascendens ssp. ascendens (ohe) is an erect, perennial 
herb in the Joinvillea family (Joinvilleaceae) (Wagner et al. 1999, p. 
1450). This subspecies is 5 to 16 ft (2 to 5 m) tall. Leaf blades are 
narrowly elliptic, up to 32 in (80 cm) long and 6 in (16 cm) wide. Both 
leaf surfaces have scattered bristles, with the lower surface also 
sparsely to moderately pubescent. Fruit are 0.2 in (6 mm) in diameter 
(Wagner et al. 1999, p. 1450). Joinvillea ascendens ssp. ascendens was 
described by Brongniart and Gris (Brongniart 1861, pp. 264-269), and is 
recognized as a distinct taxon by Wagner et al. (1999, pp. 1450-1451), 
who provide the most recently accepted taxonomic treatment of this 
subspecies. Joinvillea ascendens ssp. ascendens occurs in wet to mesic 
Metrosideros polymorpha-Acacia koa lowland and montane forest, and 
along intermittent streams, at 1,000 to 4,300 ft (305 to 1,300 m); in 
the lowland mesic (Kauai), lowland wet (Oahu, Molokai, Maui, and Hawaii 
Island), montane wet (Kauai, Oahu, Molokai, Maui, and Hawaii Island), 
and montane mesic ecosystems (Kauai) (TNCH 2007; HBMP 2010).
    Historically, this subspecies was found in widely distributed 
occurrences on the islands of Kauai, Oahu, Molokai, Maui, and Hawaii 
Island (HBMP 2010). On Kauai, this subspecies was wide-ranging across 
the mountains and into coastal areas (HBMP 2010). On Oahu,

[[Page 58835]]

this subspecies was known from the summit area of the Waianae 
Mountains, and ranged along the entire length of the Koolau Mountain 
range. On Molokai, this subspecies was known from the eastern half of 
the island ranging from Pelekunu Preserve and east to Halawa Valley. On 
west Maui, it occurred in the summit area, and on east Maui, it ranged 
on the northeastern side from the Koolau FR south to Kipahulu Valley. 
On Hawaii Island, it occurred almost island-wide. Currently, Joinvillea 
ascendens ssp. ascendens is still found on the same islands, in 56 
occurrences totaling approximately 200 individuals (HBMP 2010; Conry 
2012, in litt.). On Kauai, this subspecies is no longer known from the 
east and south side of the island (since the 1930s), but there are 
approximately 10 known occurrences on the north side of the island. On 
Oahu, this subspecies no longer occurs in the southern Koolau Mountains 
(range reduction since the 1930s), about 12 of the 20 known occurrences 
remain, with the range and numbers of occurrences remaining about the 
same (6) in the Waianae Mountains. On east Maui, the known occurrences 
have decreased from 12 to 4 (since the 1980s); on west Maui, 1 formerly 
large occurrence has decreased to approximately 40 individuals (since 
1980), with 1 other occurrence approximately 2 mi to the east. On 
Molokai, the number of occurrences has increased to 20, but these are 
restricted to a much smaller central area of the island (range 
reduction since the 1930s). On Hawaii Island, the known occurrences 
have decreased from 17 locations to 2 since the 1950s (HBMP 2010; Oahu 
Task Force Meeting (OTFM) 2014, in litt.).
    Nonnative ungulates modify and destroy habitat on all of the 
islands where Joinvillea ascendens ssp. ascendens occurs (Oppenheimer 
2006, pers. comm.; Moses 2006, in litt.; Welton and Haus 2008, p. 16; 
HBMP 2010; Perlman 2010, in litt.). Herbivory by feral pigs, goats, 
deer, and rats is a likely threat to this species. Many nonnative plant 
species modify and destroy habitat, and outcompete this subspecies 
(HBMP 2010). Randomly occurring natural events, such as landslides, are 
a likely threat to the occurrences of J. ascendens ssp. ascendens on 
Kauai and Molokai (HBMP 2010). Fire is a potential threat to this 
species in the drier areas of the Waianae Mountains of Oahu (HBMP 
2010). This subspecies is usually found as widely separated 
individuals. Seedlings have rarely been observed in the wild, and, 
although mature seeds germinate in cultivation, the seedlings rarely 
survive to maturity, with a loss of individuals through attrition. It 
is uncertain if this rarity of reproduction is typical, or if it is 
related to habitat disturbance (Wagner et al. 1999, p. 1451). Climate 
change may result in alteration of the environmental conditions and 
ecosystems that support this species. Joinvillea ascendens ssp. 
ascendensascendens may be unable to tolerate or respond to changes in 
temperature and moisture, or may be unable to move to areas with more 
suitable climatic regimes (Fortini et al. 2013, p. 76).
    The remaining occurrences of Joinvillea ascendens ssp. ascendens 
and habitat for its reintroduction are at risk. The known individuals 
continue to be negatively affected by habitat modification and 
destruction by ungulates, compounded with possible herbivory by 
ungulates and rats. The small number of remaining individuals, smaller 
distribution, and poor recruitment in the wild may limit this 
subspecies' ability to adapt to environmental changes. Because of these 
threats, we find that this subspecies should be listed throughout all 
of its range, and, therefore, we find that it is unnecessary to analyze 
whether it is endangered or threatened in a significant portion of its 
range.
    Kadua fluviatilis (previously Hedyotis fluviatilis) (kamapuaa, 
pilo) is a climbing shrub in the coffee family (Rubiaceae) family. 
Plants are foetid when bruised. Stems are cylindrical and slightly 
flattened, 1 to 8 ft (0.3 to 3 m) long, with short lateral branches. 
Leaves are widely spaced, papery, elliptic-oblanceolate to elliptic-
lanceolate, 3 to 7 in (8 to 17 cm) long, and 1 to 2 in (3 to 5 cm) 
wide. White flowers are fleshy and waxy, with several small, sac-like 
glands between corolla lobes. Capsules are woody, strongly quadrangular 
or winged, 0.5 in (1 cm) long, and 0.5 in (1 cm) in diameter. Seeds are 
translucent reddish brown, wedge-shaped, and minutely reticulate 
(netted) (Wagner et al. 1999, pp. 1142-1144). First described as Kadua 
fluviatilis by Forbes (1912, p. 6), this species was moved to the genus 
Hedyotis by Fosberg (1943, p. 90), and was recognized as a distinct 
taxon in Wagner et al. (1999, pp. 1142-1144). Terrell et al. (2005, pp. 
832-833) placed Hedyotis fluviatilis in synonymy with Kadua 
fluviatilis, the earlier, validly published name, and this is the 
currently accepted scientific name. Typical habitat for this species on 
Kauai is mixed native shrubland and Metrosideros forest at 750 to 2,200 
ft (230 to 680 m), in the lowland mesic ecosystem (TNCH 2007; HBMP 
2010), and in open shrubland with sparse tree cover in the lowland 
mesic ecosystem (Wood 1998, in litt.; TNCH 2007). On Oahu, K. 
fluviatilis occurs along rocky streambanks in wet Metrosideros forest 
from 820 to 1,990 ft (250 to 607 m) in the lowland wet ecosystem (HBMP 
2010; TNCH 2007).
    Historically, Kadua fluviatilis was known from the island of Kauai 
in at least 5 occurrences ranging from the north coast across the 
central plateau to the south coast, and from the island of Oahu in at 
least 11 occurrences in the northern Koolau Mountains, ranging from 
Koloa Gulch to Waipio (HBMP 2010). Currently, this species is known 
from only 11 occurrences totaling between 400 and 900 individuals on 
the islands of Kauai and Oahu (Wood 2005, p. 7; NTBG 2009, in litt.; 
HBMP 2010). On Kauai, K. fluviatilis is known from two locations: 
Hanakapiai on the north coast and Haupu Mountain on the south coast. On 
Oahu, K. fluviatilis is no longer found in the most northern and 
southern historical locations in the Koolau Mountains, and currently 
ranges in the north from Kaipapau to Helemano (HBMP 2010; U.S. Army 
database 2014).
    Feral pigs and goats modify and destroy habitat of Kadua 
fluviatilis (HBMP 2010). Evidence of the activities of feral pigs has 
been reported at the Hanakapiai and Haupu occurrences on Kauai, and at 
all of the Oahu occurrences (Wood 1998, in litt.; HBMP 2010). Feral 
goats and evidence of their activities have been observed at Hanakapiai 
on Kauai (HBMP 2010). Herbivory by feral pigs and goats is a likely 
threat to K. fluviatilis. Nonnative plants modify and destroy native 
habitat of K. fluviatilis and outcompete this and other native species 
for water, nutrients, light, and space, or a nonnative plant may 
produce chemicals that inhibit growth of other plants (Smith 1985, pp. 
180-250; Vitousek et al. 1987 in Cuddihy and Stone 1990, p. 74; Wood 
1998, in litt.; HBMP 2010). Kadua fluviatilis is negatively affected by 
landslides on Kauai (HBMP 2010). Climate change may result in 
alteration of the environmental conditions and ecosystems that support 
this species. Kadua fluviatilis may be unable to tolerate or respond to 
changes in temperature and moisture, or may be unable to move to areas 
with more suitable climatic regimes (Fortini et al. 2013, p. 78).
    The remaining occurrences of Kadua fluviatilis and habitat for its 
reintroduction are at risk. Numbers of occurrences and individuals are 
decreasing on Oahu and Kauai, from 16 occurrences to 11, and from over 
1,000 individuals to between 400 and 900

[[Page 58836]]

individuals (HBMP 2010; Oahu Task Force Meeting 2014, in litt.). This 
species continues to be negatively affected by habitat modification and 
destruction by feral pigs and goats, stochastic events such as 
landslides, and direct competition from nonnative plants, combined with 
herbivory by nonnative ungulates. Climate change is likely to further 
exacerbate these threats. Because of these threats, we find that this 
species should be listed throughout all of its range, and, therefore, 
we find that it is unnecessary to analyze whether it is endangered or 
threatened in a significant portion of its range.
    Kadua haupuensis (NCN) is a shrub in the coffee family (Rubiaceae). 
This species is subdioecious (male and female flowers on separate 
plants, with sporadic hermaphroditic flowers), 3 to 5 ft (1 to 1.5 m) 
tall, with erect, brittle stems and glabrous branchlets with minutely 
hairy nodes. Older branches are brown with longitudinally fissured 
bark. Leaves are oblong to lanceolate or lanceolate-ovate and glabrous 
or sparsely hairy, 1 to 5 in (3 to 12 cm) long and 0.4 to 1 in (1 to 
3cm) wide, with conspicuous reticulate veins. Petioles are narrowly 
winged. Flowers are white or greenish-white with a purple tint. Fruit 
capsules produce numerous brown or blackish seeds (Lorence et al. 2010, 
pp. 137-144). Kadua haupuensis is recognized as a distinct taxon by 
Lorence et al. (2010, pp. 137-144). There is no historical information 
for this species as it was recently discovered and described (Lorence 
et al. 2010, pp. 137-144). Kadua haupuensis was discovered in 2007, 
just below and along cliffs in an isolated area on the north face of 
Mt. Haupu, on southern Kauai, from 980 to 1,640 ft (300 to 500 m), in 
the lowland mesic ecosystem (TNCH 2007; Lorence et al. 2010, pp. 137-
144). Currently, there are no known extant individuals of K. haupuensis 
in the wild; however, there are 11 individuals of this species 
propagated from collections from the wild plants.
    Feral pigs modify and destroy the habitat of Kadua haupuensis on 
Kauai (Lorence et al. 2010, p. 140). Predation of fruits and seeds by 
rats is a potential threat. Landslides are an additional threat to this 
species at its last known occurrence. Nonnative plants such as 
Caesalpinia decapetala (wait-a-bit) and Passiflora laurifolia (yellow 
granadilla), and various grasses that modify and destroy native habitat 
and outcompete native plants are found at the last known location of K. 
haupuensis. The small number of remaining individuals in propagation, 
and no known remaining wild individuals, may limit this species' 
ability to adapt to environmental change. Because of these threats, we 
find that K. haupuensis should be listed throughout all of its range, 
and, therefore, we find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Labordia lorenciana (NCN) is a small tree in the Logania family 
(Loganiaceae). Individuals are 10 to 13 ft (3 to 4 m) tall. The bark is 
grayish brown and mottled white or dark brown. Leaves are opposite, 
chartaceous (papery), and hairy. Flowers, functionally unisexual, are 
green, forming unbranched cymes. Fruit mature to brown capsules 1 to 
1.5 in (25 to 37 mm) with ellipsoid 0.08 to 0.12 in (2 to 3 mm) seeds 
(Wood et al. 2007, pp. 195-197). Labordia lorenciana was discovered and 
validated by Wood et al. (2007, pp. 195-199). This species occurs on 
the island of Kauai at 3,800 ft (1,160 m), in forest in the montane 
mesic ecosystem (Wood et al. 2007, pp. 197-198). Currently, there are 
four known individuals in Kawaiiki Valley. Additional surveys for L. 
lorenciana have not been successful; however, experts believe this 
species may occur in other areas (Wood et al. 2007, p. 198).
    Labordia lorenciana is at risk from habitat modification and 
destruction and herbivory by nonnative mammals, displacement of 
individuals through competition with nonnative plants, stochastic 
events, and potential problems associated with small populations. Feral 
pigs and goats modify and destroy the habitat of Labordia lorenciana 
(Wood et al. 2007, p. 198). Ungulates are managed in Hawaii as game 
animals, but public hunting does not adequately control the numbers of 
ungulates to eliminate habitat modification and destruction by these 
animals. Predation of seeds by rats is a likely threat to this species 
(Wood et al. 2007, p. 198). Competition with nonnative plant species, 
including Lantana camara, Passiflora tarminiana (banana poka), Psidium 
cattleianum (strawberry guava), and Rubus argutus, is a threat to L. 
lorenciana, as these nonnative plants have the ability to spread 
rapidly and cover large areas in the forest understory, and can 
outcompete native plants (Smith 1985, pp. 180-250; Vitousek et al. 1987 
in Cuddihy and Stone 1990, p. 74; Wood et al. 2007, p. 198). Randomly 
occurring natural events, such as landslides, flash floods, fallen tree 
limbs, and fire, are a likely threat to L. lorenciana where it occurs 
on Kauai (Wood et al. 2007, p. 198). This species may experience 
reduced reproductive vigor as there is no in situ seedling recruitment 
and a very small number of individuals remain (Wood et al. 2007, p. 
198). Because of these threats, we find that L. lorenciana should be 
listed throughout all of its range, and, therefore, we find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Lepidium orbiculare (anaunau) is a small, many-branched shrub in 
the mustard family (Brassicaceae). Individuals are 2 to 4 ft (0.6 to 1 
m) tall (St. John 1981, pp. 371-373; Wagner et al. 1999, p. 409). 
Glabrous leaves are thin and crowded at the stem apex, not very fleshy 
and usually elliptical, occasionally lanceolate or oblanceolate, 3 to 7 
in (6 to 17 cm) long, with rounded serrate margins. White flowers are 
in indeterminate racemes with branches subtended by linear, leaf-like 
bracts (1 in (2 cm)) long, with fine, short hairs. Seeds are reddish 
brown, orbicular (the name L. orbiculare is in reference to the seed 
shape) with pale, membranous-winged margins (Wagner et al. 1999, p. 
409; St. John 1981, pp. 371-373). Lepidium orbiculare was resurrected 
from synonymy with L. serra and is recognized as a distinct taxon by 
Wagner and Herbst (2003, p. 13). This species occurs in mesic forest on 
Mt. Haupu, on the island of Kauai, in the lowland mesic ecosystem 
(Wagner et al. 1999, p. 409; HBMP 2010; PEPP 2014, p. 34; TNCH 2007). 
Historically, Lepidium orbiculare species was known from widely 
scattered occurrences on Kauai (Wagner et al. 1999, p. 409). Currently, 
there is one occurrence of fewer than 50 individuals at Mt. Haupu 
(Wagner et al. 2012, p. 19; PEPP 2014, p. 34; Smithsonian Institution 
2015, in litt.).
    Feral pigs have been documented to modify and destroy habitat of 
other rare and endangered native plant species at the same location on 
Mt. Haupu, Kauai (Lorence et al. 2010, p. 140); therefore, we consider 
that activities of feral pigs also pose a threat to Lepidium 
orbiculare. Nonnative plants degrade native habitat and outcompete 
native plants, are found at the last known location of L. orbiculare. 
Landslides are an additional threat to this species. Lepidium 
orbiculare may experience reduced reproductive vigor due to reduced 
levels of genetic variability, leading to diminished capacity to adapt 
to environmental changes, and thereby lessening the probability of 
long-term persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 
1997, p. 361; PEPP 2014, p. 34).
    The remaining occurrence of Lepidium orbiculare and habitat for its 
reintroduction are at risk; the species continues to be negatively 
affected by habitat modification and destruction by

[[Page 58837]]

feral pigs, and by direct competition from nonnative plants. Natural 
events such as landslides are a threat to the only known occurrence of 
the species (HBMP 2010). The small number of individuals may limit this 
species' ability to adapt to environmental change. Because of these 
threats, we find that this species should be listed throughout all of 
its range, and, therefore, we find that it is unnecessary to analyze 
whether it is endangered or threatened in a significant portion of its 
range.
    Microlepia strigosa var. mauiensis (NCN) is a terrestrial, medium-
sized fern in the bracken fern family (Dennstaedtiaceae), with fronds 
to 40 in (100 cm) long. This variety is extremely hairy, with the 
stipes, rachises (midribs), costae (frond rib), and entire fronds 
covered with uniform, jointed hairs with pointed tips. The rachises are 
often zigzag (Palmer 2003, p. 186). This fern was originally described 
as Microlepia mauiensis by Wagner (1993, pp. 73-75) from a collection 
made at Hanaula, west Maui. In the most recent treatment of all 
Hawaiian ferns, Palmer (2003, p. 186) recognizes this entity as an 
endemic variety of the indigenous Microlepia strigosa. Typical habitat 
for Microlepia strigosa var. mauiensis is mesic to wet forest at 1,400 
to 6,000 ft (425 to 1,830 m), in the lowland mesic (Oahu), montane 
mesic (Hawaii Island), and montane wet (Maui and Hawaii Island) 
ecosystems (Palmer 2003, p. 186; TNCH 2007; HBMP 2010). Little is known 
of the historical locations of Microlepia strigosa var. mauiensis; 
however, it had a wide range on the islands of Hawaii, Maui, and Oahu 
(HBMP 2010). Currently, Microlepia strigosa var. mauiensis is known 
most recently from nine occurrences totaling fewer than 100 individuals 
on the islands of Oahu (15 to 20 individuals), Maui (fewer than 20 
individuals last observed in 2007), and Hawaii (35 individuals last 
observed in 2004) (Palmer 2003, p. 186; Lau 2007, pers. comm.; 
Oppenheimer 2007 and 2008, in litt.; Welton 2008, in litt.; Ching 2011, 
in litt.).
    Microlepia strigosa var. mauiensis is highly threatened by habitat 
modification and destruction by feral pigs and goats (Oppenheimer 2007, 
in litt.; Bily 2009, in litt.; HBMP 2010). Herbivory by feral pigs is a 
likely threat to M. strigosa var. mauiensis (Oppenheimer 2007, in 
litt.; Bily 2009, in litt.; HBMP 2010). Nonnative plants degrade 
habitat and outcompete M. strigosa var. mauiensis on Maui (Oppenheimer, 
in litt. 2007). Hybridization with other varieties of Microlepia is a 
threat to this species on Oahu that is compounded by the low number of 
individuals (Kawelo 2010, in litt.). Climate change may result in 
alteration of the environmental conditions and ecosystems that support 
M. strigosa var. mauiensis. This variety may be unable to tolerate or 
respond to changes in temperature and moisture, or may be unable to 
move to areas with more suitable climatic regimes (Fortini et al. 2013, 
p. 82), and the effects of climate change are likely to exacerbate the 
threats listed above. Because of those threats, we find that this plant 
should be listed throughout all of its range, and, therefore, we find 
that it is unnecessary to analyze whether it is endangered or 
threatened in a significant portion of its range.
    Myrsine fosbergii (kolea) is a branched shrub or small tree in the 
myrsine family (Myrsinaceae). This species is 7 to 13 ft (2 to 4 m) 
tall, with dark reddish brown, glabrous branches and glabrous, narrowly 
elliptic leaves clustered at the tips of the branches (dark green with 
dark purple bases). Flowers are perfect or possibly unisexual 
(dioecious), arising on short woody knobs among the leaves. Drupes are 
purplish black, globose, 0.2 to 0.4 in (6 to 9 mm) in diameter (Wagner 
et al. 1999, p. 940). Myrsine fosbergii was described by Hosaka (1940, 
pp. 46-47). This species is recognized as a distinct taxon in Wagner et 
al. (1999, p. 40), Wagner and Herbst (2003, p. 35), and Wagner et al. 
(2012, p. 53), the most recently accepted taxonomic treatment of this 
species. There is some question whether individuals found on Kauai are 
in fact M. fosbergii; if they are not, this species would be endemic to 
Oahu, with fewer than 50 known individuals (Lau 2012, pers. comm. in 
Conry 2012, in litt.). Typical habitat for Myrsine fosbergii on Oahu is 
Metrosideros-mixed native shrubland, at 2,200 to 2,800 ft (670 to 850 
m) (Wagner et al. 1999, p. 940; HBMP 2010; TNCH 2007). Typical habitat 
on Kauai is Metrosideros-Diospyros (ohia-lama) lowland mesic forest and 
Metrosideros-Cheirodendron (ohia-olapa) montane wet forest, often on 
watercourses or stream banks, at 900 to 4,300 ft (270 to 1,300 m), in 
the lowland mesic, lowland wet, and montane wet ecosystems (TNCH 2007; 
HBMP 2010; Wagner et al. 2012, p. 53).
    Myrsine fosbergii was historically known from the Koolau Mountains 
of Oahu at the Puu Lanihuli and Kuliouou summit ridges (HBMP 2010). 
This species was never observed or collected on Kauai before 1987, but 
is assumed to have been there historically. Currently, M. fosbergii is 
known from 14 occurrences, totaling a little more than 100 individuals. 
On Oahu, there are widely scattered occurrences along the Koolau 
Mountains summit ridge (48 individuals) (lowland mesic and lowland wet 
ecosystems) (HBMP 2010). On Kauai, this species was once widely 
scattered in the northwest and central areas, but is currently known 
from only 55 remaining individuals in those same areas (Wood 2005 and 
2007, in litt.; HBMP 2010).
    Myrsine fosbergii is at risk from habitat modification and 
destruction by nonnative plants and animals; herbivory by feral pigs 
and goats; the displacement of individuals through competition with 
nonnative plants for space, nutrients, water, air, and light; and the 
low number of individuals. On Oahu, evidence of the activities of feral 
pigs has been reported at all summit populations (HBMP 2010). On Kauai, 
evidence of the activities of feral pigs has been reported at the 
centrally located occurrences (Wood 2005 and 2007, in litt.; HBMP 
2010), and evidence of the activities of feral goats has been reported 
at the north-central occurrences (HBMP 2010). Herbivory by feral pigs 
and goats is a likely threat to M. fosbergii (Wood 2005 and 2007, in 
litt.; HBMP 2010). Nonnative plants compete with M. fosbergii, and 
modify and destroy its native habitat on Oahu and Kauai (HBMP 2010). 
The small number of remaining individuals may limit this species' 
ability to adapt to environmental change. Climate change may result in 
alteration of the environmental conditions and ecosystems that support 
this species. Myrsine fosbergii may be unable to tolerate or respond to 
changes in temperature and moisture, or may be unable to move to areas 
with more suitable climatic regimes (Fortini et al. 2013, p. 82). The 
effects of climate change are likely to further exacerbate the threats 
listed above. Because of these threats, we find that M. fosbergii 
should be listed throughout all of its range, and, therefore, we find 
that it is unnecessary to analyze whether it is endangered or 
threatened in a significant portion of its range.
    Nothocestrum latifolium (aiea) is a small tree in the nightshade 
family (Solanaceae). Individuals are 33 ft (10 m) tall, with a gnarled 
trunk, rigid ascending branches, and young parts with yellowish-brown 
pubescence. The thick, pubescent leaves, usually clustered toward the 
ends of the branches, are seasonally deciduous. Flowers occur in 
clusters on short spurs and have a greenish-yellow corolla with the 
corolla tube about twice as long as the calyx. Berries are yellowish-
orange, succulent, and depressed-globose (Symon 1999, p. 1263). 
Nothocestrum

[[Page 58838]]

latifolium was described by Gray (1862). This species is recognized as 
a distinct taxon in Symon (1999, p. 1263), the most recently accepted 
taxonomic treatment of this species.
    Typical habitat for this species is dry to mesic forest in the dry 
cliff (Kauai, Oahu, Lanai, and Maui), lowland dry (Oahu, Lanai, and 
Maui), and lowland mesic (Oahu, Molokai, Lanai, and Maui) ecosystems 
(TNCH 2007; HBMP 2010). Historically, Nothocestrum latifolium was known 
from Waieli, Kaumokuni, and Kupehau gulches, and Makua Valley, in the 
Waianae Mountains of Oahu; the Kawela and Kapaakea gulches on Molokai; 
from Koele, Kaohai, and Maunalei Valleys on Lanai; and from the 
southwest rift zone of Haleakala on Maui (HBMP 2010). This species was 
never observed or collected on Kauai before 1986, but is assumed to 
have been there historically, and the current status of this individual 
is unknown. On the island of Oahu, there is one individual in Manuwai 
Gulch, one individual at Kaluaa could not be relocated, and the three 
individuals located at west Makaleha were found to have died (Moses 
2006, in litt.; Starr 2006, in litt.; Oppenheimer 2006, pers. comm.; 
HBMP 2010; Kawakami 2010, in litt.; Kawelo 2010, in litt.; Welton 2010, 
in litt.; Ching 2011, in litt.; Oppenheimer 2011, in litt.). On 
Molokai, at least four individuals were observed in 2009, above 
Makolelau; however, their current status is unknown (Moses 2006, in 
litt.). There are 18 occurrences totaling approximately 1,600 
individuals on east and west Maui (Ching 2011, in litt.). One 
occurrence on east Maui is the largest, consisting of as many as 1,500 
individuals (HBMP 2010). On Lanai, none of the individuals in the 
occurrence near the State Cooperative Game Management Area at Kanepuu 
could be relocated in 2011 (Duvall 2011, in litt.; Oppenheimer 2011, in 
litt.). Also on Lanai, no individuals within the Kanepuu Preserve 
(Kahue Unit) were found during surveys in 2012, although there are 
plans to continue surveying the area and other suitable habitat (PEPP 
2012, p. 129). The species' range on each island has decreased 
dramatically since 2001 (Kawelo 2005 and 2010, in litt.; Oppenheimer 
2011, in litt.; HBMP 2010).
    Feral pigs (Oahu, Maui, Kauai), goats (Maui, Kauai), mouflon and 
sheep (Lanai), axis deer (Lanai, Maui), and black-tailed deer (Kauai) 
modify and destroy habitat of Nothocestrum latifolium (HBMP 2010). 
Herbivory by these animals also poses a threat to this species. 
Nonnative plants outcompete N. latifolium, and modify and destroy 
habitat at all known occurrences. Fire is a potential threat to this 
species. Low numbers of individuals may limit this species' ability to 
adapt to environmental change. Climate change may result in alteration 
of the environmental conditions and ecosystems that support this 
species (Fortini et al. 2013, p. 83), and the effects of climate change 
are likely to further exacerbate the threats listed above. 
Additionally, for unknown reasons, there is an observed lack of 
regeneration in N. latifolium in the wild (HBMP 2010). Because of these 
threats, we find that this species should be listed throughout all of 
its range, and, therefore, we find that it is unnecessary to analyze 
whether it is endangered or threatened in a significant portion of its 
range.
    Ochrosia haleakalae (holei), a tree in the dogbane family 
(Apocynaceae), is 7 to 27 ft (2 to 8 m) tall. The elliptic leaves are 
clustered three or four per node. Tubular white flowers occur in 
relatively open inflorescences. Robust, ovoid drupes are yellow or 
plum-colored, streaked with brown, and often have irregular ridges at 
maturity due to differential thickening of the exocarp (outermost layer 
of the fruit) (Wagner et al. 1999, p. 218). Ochrosia haleakalae was 
described by St. John (1978, pp. 199-220). This species is recognized 
as a distinct taxon in Wagner et al. (1999, p. 218), the most recently 
accepted taxonomic treatment of this species. Typical habitat for this 
species is dry to mesic forest, sometimes wet forest, and often lava, 
at 2,300 to 4,000 ft (700 to 1,200 m), in the dry cliff (Maui), lowland 
mesic (Maui and Hawaii Island), lowland wet (Hawaii Island), and 
montane mesic (Maui) ecosystems (Wagner et al. 1999, p. 218; HBMP 2010; 
TNCH 2007). On east Maui, this species occurs in diverse mesic forest 
(Medeiros et al. 1986, pp. 27-28; TNCH 2007; Medeiros 2007, in litt.). 
On the island of Hawaii, O. haleakalae is known from gulches and 
valleys in the Hamakua district and from Metrosideros polymorpha-
Pisonia sandwicensis (ohia-papala kepau) mesic forest in the Kohala 
Mountains (Perlman and Wood 1996, in litt.; Wagner et al. 1999, p. 
218).
    Historically, Ochrosia haleakalae was known from two islands, Maui 
and Hawaii. On Maui, the species was known from the Koolau FR and 
Makawao FR, the northern slope of Haleakala, and from Auwahi and Kanaio 
on the southern slopes of Haleakala (HBMP 2010). On the island of 
Hawaii, this species was known from valleys in the Kohala Mountains 
(Pololu, Honopue, and Waipio) and from Kalopa gulch on the eastern 
(Hamakua) slope of Mauna Kea (HBMP 2010). Currently, O. haleakalae is 
known from 4 occurrences totaling 15 individuals at Makawao FR and 
Auwahi-Kanaio on the island of Maui, and from 4 occurrences (Alakahi 
gulch, Honopu Valley, Kalopa gulch, and Laupahoehoe) on the island of 
Hawaii, totaling 16 individuals (Pratt 2005, in litt.; Medeiros 2007, 
in litt.; Oppenheimer 2008, in litt.; HBMP 2010).
    On Hawaii, the status of the individuals at Alakahi Gulch is 
uncertain after a strong earthquake in 2006; the individual found at 
Kailikaula Stream was last observed in 2011, and is vulnerable to 
landslides (Hadway 2013, in litt.), and the individual at Kalopa has 
not been confirmed since 1999 (Agorastos 2010 and 2011, in litt.; Conry 
2012, in litt.; Hadway 2013, in litt.). More than 100 propagated 
individuals have been outplanted at Kipuka Puaulu and Kipuka Ki in 
Hawaii Volcanoes National Park; however, survivorship of these 
individuals is unknown (Pratt 2005, in litt.; Agorastos 2007, pers. 
comm.; Bio 2008, in litt.; HBMP 2010; Pratt 2011, in litt.; Conry 2012, 
in litt.). Feral pigs and goats modify and destroy the habitat of O. 
haleakalae on Maui and Hawaii Island, and goats and cattle modify and 
destroy the habitat of O. haleakalae on Maui (Medeiros 1995, in litt.; 
Oppenheimer 2004, in litt.; Pratt 2005, in litt.; Agorastos 2007, pers. 
comm.). In dry areas, the possibility of wildfires affecting the 
habitat of O. haleakalae is exacerbated by the presence of introduced 
plant species such as Pennisetum clandestinum (kikuyu grass) (HBMP 
2010). In addition, nonnative plant species modify and destroy habitat 
and outcompete native plants, including O. haleakalae (HBMP 2010). 
Climate change may result in alteration of the environmental conditions 
and ecosystems that support this species. Ochrosia haleakalae may be 
unable to tolerate or respond to changes in temperature or moisture, or 
may be unable to move to areas with more suitable climatic regimes 
(Fortini et al. 2013, p. 83). This species may experience reduced 
reproductive vigor due to reduced levels of genetic variability 
resulting from low numbers of indivuals, leading to diminished capacity 
to adapt to environmental changes, and thereby lessening the 
probability of long-term persistence (Barrett and Kohn 1991, p. 4; 
Newman and Pilson 1997, p. 361).
    Ochrosia haleakalae is at risk from habitat degradation and loss by 
feral pigs, goats, cattle and nonnative plants; the displacement of 
individuals due to competition with nonnative plants for

[[Page 58839]]

space, nutrients, water, air, and light; herbivory by feral pigs, 
goats, and cattle; and the small number of remaining individuals; and 
moderate vulnerability to the effects of climate change. The effects of 
climate change are likely to further exacerbate these threats. Because 
of these threats, we find that this species should be listed throughout 
all of its range, and, therefore, we find that it is unnecessary to 
analyze whether it is endangered or threatened in a significant portion 
of its range.
    Phyllostegia brevidens (NCN) is a scandent (climbing) subshrub in 
the mint family (Lamiaceae). Stems are glabrous, and ovate leaves are 3 
to 5 in (7 to 13 cm) long, also glabrous or sparsely minute-haired. 
Leaf margins are dentate to serrate. There are 14 to 20 white, tubular 
(with a longer lower lip) flowers per unbranched inflorescence, with 
bracts 1 to 2.5 in (2 to 6 cm) long, very minutely-haired along nerves, 
and minutely glandular-dotted. Nutlets are about 0.2 in (6 mm) (Wagner 
et al. 1999, pp. 814-815). Phyllostegia brevidens is recognized as a 
distinct taxon by Wagner et al. (1999, pp. 814-815), the most recently 
accepted taxonomic treatment of this species. This species occurs in 
wet forest on the islands of Maui and Hawaii at 2,900 to 3,200 ft (880 
to 975 m), in the lowland wet (Maui), montane wet (Hawaii Island), and 
wet cliff (Maui) ecosystems (Wagner et al. 1999, pp. 814-815; TNCH 
2007; HBMP 2010).
    Phyllostegia brevidens is historically known from Hilo FR, Mauna 
Kea, and Kulani on Hawaii Island; and from Kipahulu Valley on Maui 
(Haleakala National Park) (Wagner et al. 1999, p. 815; HBMP 2010; 
Smithsonian Institution 2014, in litt.). Currently, there is one known 
occurrence of two individuals on the island of Maui (PEPP 2009, p. 90; 
Wagner et al. 2012, p. 46; PEPP 2014, p. 136).
    Feral pigs, sheep, mouflon, and cattle on Hawaii Island modify and 
destroy the habitat of Phyllostegia brevidens, and feral pigs modify 
and destroy habitat on Maui (PEPP 2014, p. 136). Nonnative plants 
outcompete P. brevidens on Maui. Herbivory by slugs poses a threat to 
the remaining individuals on Maui (PEPP 2014, p. 136). In addition, 
natural events such as landslides are a potential threat to the 
occurrence on Maui (PEPP 2014, p. 136). The small number of remaining 
individuals may limit this species' ability to adapt to environmental 
change. Climate change may result in alteration of the environmental 
conditions and ecosystems that support this species. Phyllostegia 
brevidens may be unable to tolerate or respond to changes in 
temperature and moisture, or may be unable to move to ares with more 
suitable climatic regimes (Fortini et al. 2013, p. 84).
    The remaining occurrences of Phyllostegia brevidens and habitat for 
its reintroduction are at risk. Only two individuals are known to 
persist at the occurrence on Maui; no individuals have been observed 
recently on Hawaii Island. Tthe species continues to be negatively 
affected by habitat modification and destruction by ungulates and 
nonnative plants, and by direct competition from nonnative plants, 
combined with herbivory by ungulates and slugs. The effects of climate 
change are likely to further exacerbate these threats. We find that P. 
brevidens should be listed throughout all of its range, and, therefore, 
we find that it is unnecessary to analyze whether it is endangered or 
threatened in a significant portion of its range.
    Phyllostegia helleri (NCN) is a weakly erect to climbing shrub in 
the mint family (Lamiaceae). Stems have small, curved hairs. Leaves are 
thin and somewhat wrinkled; ovate; 4 to 6 in (1 to 14.5 cm) long, with 
uneven, shiny crinkly hairs; with or without inconspicuous glandular 
dots, and serrate margins. Tubular flowers are white with lavender-
tinged lobes, with the upper lobe shorter than the lower lobe. Nutlets 
are 1 in (2.5 cm) long (Wagner et al. 1999, pp. 816-817). Phyllostegia 
helleri is recognized as a distinct taxon in the Manual of Flowering 
Plants of Hawaii (Wagner et al. 1999, pp. 816-817), the most recently 
accepted taxonomic treatment of this species. Habitat for Phyllostegia 
helleri is ridges or spurs at 2,800 to 4,000 ft (860 to 1,200 m) in 
diverse wet forest on Kauai, in the lowland wet, montane wet, and wet 
cliff ecosystems (Wagner et al. 1999, p. 817; TNCH 2007; HBMP 2010).
    Historically, Phyllostegia helleri was wide-ranging on the island 
of Kauai, extending from the north and east sides throughout the 
central plateau (Wagner et al. 1999, p. 817; HBMP 2010). Currently, 
this species is limited to 1 occurrence of 10 individuals in Wainiha 
Valley (PEPP 2014, p. 35).
    Feral pigs and goats modify and destroy the habitat of Phyllostegia 
helleri on Kauai (HBMP 2010). Herbivory on fruits and seeds by rats 
negatively affects the remaining individuals (HBMP 2010). The only 
known occurrence of this species is located at the base of cliffs, and 
landslides are an additional threat (HBMP 2010). Nonnative plants, such 
as Kalanchoe pinnata (air plant), Rubus rosifolius (thimbleberry), 
Erigeron karvinskianus (daisy fleabane), Psidium guajava (common 
guava), and various grasses, modify and destroy native habitat and 
outcompete native plants, and are found at the last known location of 
P. helleri (HBMP 2010). This species may experience reduced 
reproductive vigor due to reduced levels of genetic variability, 
leading to diminished capacity to adapt to environmental changes, and 
thereby lessening the probability of long-term persistence (Barret and 
Kohn 1991, p. 4; Newman and Pilson 1997, p. 361). Climate change may 
result in alteration of the environmental conditions and ecosystems 
that support this species. Phyllostegia helleri may be unable to 
tolerate or respond to changes in temperature and moisture, or may be 
unable to move to areas with more suitable climatic regimes (Fortini et 
al. 2013, p. 84).
    The remaining occurrence of Phyllostegia helleri and habitat for 
its reintroduction are at risk. The numbers of individuals are 
decreasing on Kauai, as this species was wide-ranging on the island, 
extending from the north and east sides throughout the central plateau, 
and is now known from only one occurrence of 10 individuals. These 10 
individuals continue to be negatively affected by habitat modification 
and destruction by ungulates and nonnative plants, direct competition 
by nonnative plants, and by seed predation by rats. Natural events such 
as landslides may damage or destroy the remaining 10 individuals. The 
small number of remaining individuals may limit this species' ability 
to adapt to environmental changes. The effects of climate change are 
likely to further exacerbate these threats. Because of these threats, 
we find that P. helleri should be listed throughout all of its range, 
and, therefore, we find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Phyllostegia stachyoides (NCN) is a weakly erect to climbing 
subshrub in the mint family (Lamiaceae). Stems have forward-facing 
hairs; leaves are somewhat wrinkled and lanceolate to ovate, 8 in (20 
cm) long and 3 in (8 cm) wide, with both surfaces moderately to 
sparsely hairy. The lower leaf surface is usually moderately glandular-
dotted. The upper lip of the tubular white flower is tinged pink. 
Nutlets are 1 in (3 cm) long (Wagner et al. 1999, p. 823). Phyllostegia 
stachyoides is recognized as a distinct taxon in the Manual of 
Flowering Plants of Hawaii (Wagner et al. 1999, p. 823), the most 
recently accepted taxonomic treatment of this species. Phyllostegia 
stachyoides occurs

[[Page 58840]]

in mesic to wet forest at 3,600 to 4,600 ft (1,000 to 1,400 m), in the 
montane wet (Hawaii Island, Maui, and Molokai) and montane mesic 
(Hawaii Island and Maui) ecosystems (Wagner et al. 1999, p. 823; TNCH 
2007; HBMP 2010).
    Phyllostegia stachyoides is historically known from the eastern and 
central Molokai, west Maui, and widely ranging occurrences on Hawaii 
Island (north and south Kona, Kohala, and Hawaii Volcanoes National 
Park) (Wagner et al. 1999, p. 823; HBMP 2010). Currently, P. 
stachyoides is known from seven occurrences, totaling 20 individuals. 
Occurrences on west Maui, at Honokokau, Puu Kukui, Luakoi, and Lihau, 
total about 15 individuals. Those on Molokai occur at Kamakou, 
Hanalilolilo, and Kumueli (total of 5 individuals). Several individuals 
resembling P. stachyoides were observed at Kaohe on Hawaii Island; 
however, their identity is not yet confirmed (PEPP 2012, p. 156.).
    Feral pigs, goats, and axis deer modify and destroy the habitat of 
Phyllostegia stachyoides on Maui, with evidence of the activities of 
these animals reported in areas where this species occurs (HBMP 2010). 
Nonnative plants such as Erigeron karvinskianus, Tibouchina herbacea, 
and Ageratina adenophora (Maui pamakani) compete with P. stachyoides, 
modify and destroy its native habitat, and displace other native 
Hawaiian plant species (Smith 1985, pp. 180-250; Vitousek et al. 1987 
in Cuddihy and Stone 1990, p. 74). Herbivory by slugs and rats on 
leaves and nutlets of P. stachyoides poses a threat to this species at 
known locations on Maui and Molokai (PEPP 2014, pp. 140-142). On Maui, 
stochastic events such as drought pose a threat to small, isolated 
occurrences of P. stachyoides, and rockfalls and landslides pose a 
threat to occurrences on Molokai (PEPP 2014, pp. 140-142). This species 
may experience reduced reproductive vigor due to reduced levels of 
genetic variability, leading to diminished capacity to adapt to 
environmental changes, and thereby lessening the probability of long-
term persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, 
p. 361). Climate change may result in alteration of the environmental 
conditions and ecosystems that support this species, through flooding 
and drought. Phyllostegia stachyoides may be unable to tolerate or 
respond to changes in temperature and moisture, or may be unable to 
move to areas with more suitable climatic regimes (Fortini et al. 2013, 
p. 84).
    The remaining occurrences of Phyllostegia stachyoides and habitat 
for its reintroduction are at risk. The known individuals are 
restricted to small areas on west Maui and Molokai, and continue to be 
negatively affected by habitat modification and destruction by 
ungulates and by direct competition with nonnative plants, combined 
with herbivory by slugs and rats. The small number of remaining 
individuals may limit this species' ability to adapt to environmental 
changes. The effects of climate change are likely to further exacerbate 
these threats. Because of these threats, we find that this species 
should be listed throughout all of its range, and, therefore, we find 
that it is unnecessary to analyze whether it is endangered or 
threatened in a significant portion of its range.
    Portulaca villosa (ihi) is a perennial herb in the purslane family 
(Portulacaceae). The taproot is fleshy to woody, with stems prostrate 
to weakly ascending and 12 in (30 cm) long. The small leaves are linear 
to oblong and pale grayish green. White or pink flowers are in groups 
of three to six arranged in small bunches at the ends of the branches. 
The fruit capsules of P. villosa are 0.2 in (5 mm) long and contain 
dark reddish-brown seeds (Wagner et al. 1999, p. 1074). Portulaca 
villosa is recognized as a distinct taxon by Wagner et al. (1999, p. 
1074), the most recently accepted taxonomic treatment of this species. 
Portulaca villosa occurs on dry, rocky, clay, lava, or coralline reef 
sites, from sea level to 1,600 ft (490 m), in the coastal (Lehua, 
Kaula, Oahu, Kahoolawe, Maui, and Hawaii Island) and lowland dry (Oahu, 
Molokai, Lanai, Kahoolawe, Maui, and Hawaii Island) ecosystems, and one 
reported occurrence in the montane dry (Hawaii Island) ecosystem 
(Wagner et al. 1999, p. 1074; TNCH 2007; HBMP 2010).
    Portulaca villosa is historically known from all the main Hawaiian 
Islands except Niihau and Kauai (Wagner et al. 1999, p. 1074). 
Portulaca villosa has been observed on the small islets of Kaula and 
Lehua (west of Kauai and Niihau), and from Nihoa (NWHI); however, their 
current status is unknown. This species has not been observed on Oahu 
since the 1960s, when it was locally abundant at Kaohikaipu Island 
(HBMP 2010). Portulaca villosa is known from Molokai at Kauhako Crater 
(a few), from east Maui on Alau islet (2 individuals), from west Maui 
at Lihau (about 24 individuals), and from Kahoolawe at Puu Koaie, 
Aleale, and above Kamalio (fewer than 15 individuals) (MNTF 2010, in 
litt.). On the island of Lanai, two individuals were observed at Kaohai 
in 1996 (HBMP 2010). On the island of Hawaii, there are five 
occurrences in the Pohakuloa Training Area, totaling 10 individuals 
(Evans 2015, in litt.).
    Axis deer (Maui and Lanai), mouflon, sheep, and goats (Lanai), and 
cattle (Hawaii Island) modify and destroy the habitat of Portulaca 
villosa (HBMP 2010). These animals may also forage directly on this 
species. Nonnative plants compete with and modify and destroy native 
habitat of P. villosa; displace this species and other native Hawaiian 
plants; and pose a threat to the known occurrences on Hawaii Island, 
Maui, Kahoolawe, Lanai, and Molokai (Smith 1985, pp. 180-250; Vitousek 
et al. 1987 in Cuddihy and Stone 1990, p. 74). Portulaca villosa occurs 
in drier coastal and lowland habitats, all of which are at risk from 
wildfires. Some coastal habitat includes exposed cliffs, which erode 
and cause rockfalls in areas where P. villosa occurs (Kahoolawe), 
posing a threat to this species (HBMP 2010). This species may 
experience reduced reproductive vigor due to low levels of genetic 
variability, leading to diminished capacity to adapt to environmental 
changes, and thereby lessening the probability of long-term persistence 
(Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, p. 361). Climate 
change may result in alteration of the environmental conditions and 
ecosystems that support this species. Portulaca villosa may be unable 
to tolerate or respond to changes in temperature and moisture, or may 
be unable to move to areas with more suitable climatic regimes (Fortini 
et al. 2013, p. 86).
    The remaining occurrences of Portulaca villosa and habitat for its 
reintroduction are at risk; the number of occurrences have decreased on 
Oahu, Lanai, and Hawaii Island, and the species continues to be 
negatively affected by continued habitat modification and destruction, 
and by competition from nonnative plants. Because of its small and 
isolated remaining occurrences, natural events such as rockfalls, 
landslides, and wildfires may pose a threat to this species. The small 
number of remaining individuals may limit this species' ability to 
adapt to environmental changes. The effects of climate change are 
likely to further exacerbate these threats. Because of these threats, 
we find that this species should be listed throughout all of its range, 
and, therefore, we find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Pritchardia bakeri (Baker's loulu) is a small to medium-sized palm 
in the palm

[[Page 58841]]

family (Arecaceae). This palm species, endemic to Oahu, is 23 to 30 ft 
(7 to10 m) tall, with a smooth, grayish trunk 8 to 10 in (20 to 25 cm) 
in diameter. Its crown contains up to 40 ascending to stiffly spreading 
leaves, 2 to 3 ft (0.6 to 0.9 m) long and wide, on 1 to 2 ft (0.3 to 
0.6 m) leaf stalks. The leaf blades are glossy green above and silvery 
grayish below. The flower and fruit stalks have up to three long 
primary branches that are nearly equal in length to the leaf when in 
flower, but greatly exceed the leaf length when in fruit. Fruit are 
shiny, black, and spherical, up to 2 in (5 cm) long and 2 in (4 cm) 
wide when mature (Hodel 2009, pp. 173-179; Hodel 2012, pp. 70-73). 
Pritcharida bakeri is recognized as a distinct taxon by Hodel (2009, 
pp. 173-179; 2012, pp. 70-73), the most currently accepted taxonomic 
treatments of this species. Pritchardia bakeri occurs in the lowland 
mesic ecosystem in the Koolau Mountains on Oahu, at 1,500 to 2,100 ft 
(457 to 640 m), in disturbed, windswept, and mostly exposed shrubby or 
grassy areas, and sometimes on steep slopes in these areas (Hodel 2012, 
pp. 71-73). Pritcharida bakeri was first described as a new species in 
2009 by Hodel (pp. 173-179). This palm occurs on the northern end 
(Pupukea) and southern end (Kuliouou) of the Koolau Mountain range, on 
the island of Oahu (Bacon et al. 2012, pp. 1-17; Hodel 2012, pp. 71-
73). Currently, occurrences total approximately 250 individuals (Hodel 
2012, pp. 42, 71).
    Habitat modification and destruction by feral pigs affect the range 
and abundance of Pritchardia bakeri. Rats eat the fruit before they 
mature (Hodel 2012, pp. 42, 73). Nonnative plants compete with and 
degrade and destroy native habitat of P. bakeri and displace this 
species and other native Hawaiian plants by competing for water, 
nutrients, light, and space, or they may produce chemicals that inhibit 
growth of other plants (Smith 1985, pp. 180-250; Vitousek et al. 1987 
in Cuddihy and Stone 1990, p. 74). Stochastic events such as hurricanes 
modify and destroy the habitat of P. bakeri, and can damage or kill 
plants. This species may experience reduced reproductive vigor due to 
low levels of genetic variability caused by seed predation by rats and 
widely separated occurrences, leading to diminished capacity to adapt 
to environmental changes, and thereby lessening the probability of 
long-term persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 
1997, p. 361; Hodel 2012, p. 73).
    Based on our evaluation of habitat degradation and loss by feral 
pigs and nonnative plants, fruit predation by rats, and the small 
number and reduced range of remaining individuals, we find that this 
species should be listed throughout all of its range, and, therefore, 
we find that it is unnecessary to analyze whether it is endangered or 
threatened in a significant portion of its range.
    Pseudognaphalium sandwicensium var. molokaiense (enaena) is a 
perennial herb in the sunflower family (Asteraceae). This species has 
prostrate stems 4 to 12 in (10 to 31 cm) long, with densely white 
woolly pubescence on the entire plant. Leaves are spatulate to narrowly 
obovate, 0.3 to 0.8 in (7 to 20 mm) wide. Whitish to pale yellow flower 
heads occur in terminal, leafless clusters (Wagner et al. 1999, p. 
321). First described by Sherff and Degener (1948) as an infraspecific 
taxon in the genus Gnaphalium, Wagner (1997) moved the entire species 
to Pseudognaphalium. This variety is recognized as a distinct taxon in 
Wagner et al. (1999, pp. 321-322) and Wagner and Herbst (2003, p. 8), 
the most recently accepted taxonomic treatments of this species. In 
evaluating the status of botanical varieties for listing as threatened 
or endangered or threatened under the Act, we consider them to be 
equivalent to subspecies (43 FR 17910, April 26, 1978, see p. 17912). 
Typical habitat for Pseudognaphalium sandwicensium var. molokaiense is 
strand vegetation in dry consolidated dunes, in the coastal ecosystem 
(Wagner et al. 1999, p. 321; TNCH 2007; HBMP 2010).
    Historically, this variety was found on Molokai (Halawa Valley and 
Waiahewahewa Gulch), on Oahu (on the coast between Diamond Head and 
Koko Head, and along the Waimanalo coast), on Maui (Wailuku area), and 
on Lanai (along the Munro trail) (HBMP 2010; MNTF 2010, in litt.). 
Currently, Pseudognaphalium sandwicensium var. molokaiense is known 
only from Molokai on the northwestern coast at Ilio Point (as many as 
20,000 individuals, depending on rainfall) and Kauhako Crater (a few 
individuals), and from northwest coast of Maui at Waiehu dunes 
(scattered individuals) and Puu Kahulianapa (5 to 10 individuals) 
(Moses 2006, in litt.; Starr 2006, in litt.; Kallstrom 2008, in litt.). 
This variety was last observed on Lanai in 1960, and on Oahu at Diamond 
Head (5 individuals) in the 1980s (HBMP 2010).
    Goats and axis deer modify and destroy the habitat of 
Pseudognaphalium sandwicensium var. molokaiense, with evidence of the 
activities of these animals reported in the areas where this plant 
occurs (Moses 2006, in litt.; Starr 2006, in litt.; Kallstrom 2008, in 
litt; HBMP 2010). Ungulates are managed in Hawaii as game animals, but 
public hunting does not adequately control the numbers of ungulates to 
eliminate habitat modification and destruction, or to eliminate 
herbivory by these animals (Anderson et al. 2007, in litt.; HAR-DLNR 
2010, in litt.). Additionally, nonnative plants, such as Atriplex 
semibaccata (Australian saltbush), Cenchrus ciliaris (buffelgrass), and 
Prosopis pallida (kiawe), compete with and displace this and other 
native Hawaiian plants by competing for water, nutrients, light, and 
space, or they may produce chemicals that inhibit growth of other 
plants (Smith 1985, pp. 180-250; Vitousek et al. 1987 in Cuddihy and 
Stone 1990, p. 74; Moses 2009, in litt.). This variety may experience 
reduced reproductive vigor due to low levels of genetic variability, 
leading to diminished capacity to adapt to environmental changes, and 
thereby lessening the probability of long-term persistence (Barrett and 
Kohn 1991, p. 4; Newman and Pilson 1997, p. 361). Pseudognaphalium 
sandwicensium var. molokaiense occurs on a sea cliff on west Maui, and 
rockfalls and landslides pose a threat (HBMP 2010). Climate change may 
result in alteration of the environmental conditions and ecosystems 
that support this species. Pseudognaphalium sandwicensium var. 
molokaiense molokaiense may be unable to tolerate or respond to changes 
in temperature and moisture, or may be unable to move to areas with 
more suitable climatic regimes (Fortini et al. 2013, p. 86).
    The remaining occurrences of Pseudognaphalium sandwicensium var. 
molokaiense and habitat for its reintroduction are at risk; individuals 
no longer occur on Oahu and Lanai. Occurrences on Maui and Molokai 
continue to be negatively affected by habitat modification and 
destruction by ungulates, and by direct competition with nonnative 
plants. The small number of remaining occurrences may limit this 
species' ability to adapt to environmental changes. The effects of 
climate change are likely to further exacerbate these threats. Because 
of these threats, we find that this species should be listed throughout 
all of its range, and, therefore, we find that it is unnecessary to 
analyze whether it is endangered or threatened in a significant portion 
of its range.
    Ranunculus hawaiensis (makou) is an erect or ascending perennial 
herb in the buttercup family (Ranunculaceae). This species is 2 to 6.5 
ft (0.6 to 2 m) tall with fibrous roots. Stems are densely covered with 
golden or whitish hairs. Basal

[[Page 58842]]

leaves are twice compound, with leaflets lanceolate and the terminal 
leaf largest and irregularly toothed and lobed. The yellow, glossy 
flowers are numerous in branched open cymes and contain a scale-covered 
nectary at the base. Fruit are numerous and are margined with a narrow 
wing (Duncan 1999, p. 1088). Ranunculus hawaiensis was described by 
Gray (1854) and is recognized as a distinct taxon by Duncan (1999, p. 
1088), the most recently accepted taxonomic treatment of this species. 
Typical habitat is mesic forest on grassy slopes and scree, and in open 
pastures, at 6,000 to 6,700 ft (1,800 to 2,000 m), in the montane mesic 
(Hawaii Island), montane dry (Hawaii Island), and subalpine (Hawaii 
Island and Maui) ecosystems (Medeiros 2007, pers. comm.; Pratt 2007, in 
litt.; Duncan 1999, p. 1088; HBMP 2010; TNCH 2007).
    Historically, Ranunculus hawaiensis was wide-ranging on the island 
of Hawaii, from Kona, Hualalai, Mauna Kea, and Kau. On Maui, this 
species was known from Haleakala National Park (HBMP 2010). In the 
1980s and 1990s, this species numbered several hundred individuals on 
both islands. Currently, there are six occurrences totaling 14 
individuals on Hawaii Island (Hakalau NWR, Puu Kanakaleonui, Kolekole 
Gulch, Kahuku, Kapapala FR, and Kipahoe NAR) (Bio 2008, in litt.; PEPP 
2008, p. 108; Pratt 2008, in litt.; HBMP 2010; Agorastos 2011, in 
litt.; Imoto 2013, in litt.). On Maui, a few individuals were observed 
on a cliff in the Waikamoi Preserve in 1994; however, this occurrence 
was not relocated in further surveys (PEPP 2013, p. 177). Additionally, 
no individuals were re-observed in Haleakala National Park (DLNR 2006, 
p. 61).
    Feral pigs, mouflon, and cattle modify and destroy the habitat of 
Ranunculus hawaiensis on Hawaii Island, with evidence of the activities 
of these animals reported in the areas where R. hawaiensis occurs (HBMP 
2010). These ungulates, and rats, may also forage on R. hawaiensis. 
Nonnative plants, such as Holcus lanatus (common velvet grass), 
Ehrharta stipoides (meadow ricegrass), and various grasses that modify 
and destroy native habitat and outcompete native plants have been 
reported in areas where R. hawaiensis occurs (HBMP 2010). Drought and 
erosion pose a threat to the last known occurrence of R. hawaiensis on 
Maui (PEPP 2013, p. 177). This species may experience reduced 
reproductive vigor due to low levels of genetic variability, leading to 
diminished capacity to adapt to environmental changes, and thereby 
lessening the probability of long-term persistence (Barret and Kohn 
1991, p. 4; Newman and Pilson 1997, p. 361). Climate change may result 
in alteration of the environmental conditions and ecosystems that 
support this species. Ranunculus hawaiensis may be unable to tolerate 
or respond to changes in temperature and moisture, or may be unable to 
move to areas with more suitable climatic regimes (Fortini et al. 2013, 
p. 86).
    The remaining occurrences of Ranunculus hawaiensis and habitat for 
its reintroduction are at risk; the known individuals are restricted to 
small areas on Maui and Hawaii Island and continue to be negatively 
affected by habitat modification and destruction by feral ungulates, 
and by direct competition with nonnative plants, combined with 
predation by ungulates. Drought and erosion pose a threat to the 
occurrence on Maui. The small number of remaining individuals may limit 
this species' ability to adapt to environmental changes. Because of 
these threats, we find that this species should be listed throughout 
all of its range, and, therefore, we find that it is unnecessary to 
analyze whether it is endangered or threatened in a significant portion 
of its range.
    Ranunculus mauiensis (makou) is an erect to weakly ascending 
perennial herb in the buttercup family (Ranunculaceae). This species is 
2 to 6.5 ft (0.5 to 2 m) tall, with stems sparsely to densely pubescent 
with scattered whitish hairs. Basal leaves are compound with ovate 
leaflets with the terminal leaflet being the largest and irregularly 
serrate. Yellow flowers are few, in branched loose cymes. Fruit are 
numerous in a globose head and have smooth faces (Wagner et al. 1999, 
p. 1089). Ranunculus mauiensis was described by Gray (1854) and is 
recognized as a distinct taxon in Wagner et al. (1999, p. 1089), the 
most recently accepted taxonomic treatment of this species. Typical 
habitat for R. mauiensis is open sites in mesic to wet forest and along 
streams, at 3,500 to 5,600 ft (1,060 to 1,700 m), in the montane wet 
(Kauai, Oahu, Molokai, and Maui), montane mesic (Kauai, Molokai, Maui, 
and Hawaii Island), montane dry (Hawaii Island), and wet cliff (Molokai 
and Maui) ecosystems (Wagner et al. 1999, p. 1089; TNCH 2007; HBMP 
2010).
    Historically, Ranunculus mauiensis was known from five islands: 
Kauai (Kuia, Kokee, and Na Pali Kona), Oahu (Waianae Mountains), 
Molokai (Kamakou, Kalae, Waikolu, and Kaluaaha), Maui (Puu Kukui, 
Kapunakea, Pohakea, Olinda, Kipahulu, Waikamoi, and Puu Alaea), and 
Hawaii (Kealakekua) (HBMP 2010). Currently, R. mauiensis is known from 
14 occurrences (totaling approximately 200 individuals) on three 
islands: Kauai, Maui, and Molokai. On Kauai, R. mauiensis is found at 
Kalalau-Honopu (34 individuals), Nualolo (12 individuals), Kawaiiki 
ridge (4 individuals), Nawaimaka (1 individual), and Nawaimaka stream 
(2 individuals) (Perlman 2007, in litt.; Wood 2007, in litt.; HBMP 
2010; PEPP 2011, p. 161; PEPP 2013, p. 177). On Molokai, there are two 
individuals in Kamakou Preserve; however, these plants were not 
relocated during recent surveys (PEPP 2010, p. 105; Bakutis 2011, in 
litt.). Oahu occurrences have not been observed since the 1800s (HBMP 
2010). On west Maui, this species is found at Kapunakea Preserve (5 
individuals), Pohakea Gulch (5 individuals), Lihau (5 individuals), 
Kauaula Valley (1 individual), and Puehuehunui (34 individuals); and on 
east Maui, this species is found at Waikamoi Preserve (20 individuals), 
Makawao Forest Reserve (30 individuals), Kahikinui (10 individuals), 
and Manawainui (10 individuals) (PEPP 2013, p. 177; Perlman 2007, in 
litt.; Wood 2007, in litt.; Bily 2007, pers. comm.). Hawaii Island 
occurrences have not been observed since 1980 (HBMP 2010).
    Feral pigs, goats, axis deer, black-tailed deer, and cattle modify 
and destroy the habitat of R. mauiensis on Kauai, Molokai, and Maui, 
with evidence of the activities of these animals reported in the areas 
where this species occurs (PEPP 2014, pp. 155-156; HBMP 2010). 
Ungulates are managed in Hawaii as game animals (except for cattle), 
but public hunting does not adequately control the numbers of ungulates 
to eliminate habitat modification and destruction, or to eliminate 
herbivory by these animals (Anderson et al. 2007, in litt.; HAR-DLNR 
2010, in litt.). Nonnative plants modify and destroy the native habitat 
of R. mauiensis, and displace this species and other native Hawaiian 
plants by competing for water, nutrients, light, and space, or they may 
produce chemicals that inhibit the growth of other plants (Smith 1985, 
pp. 180-250; Vitousek et al. 1987 in Cuddihy and Stone 1990, p. 74; 
HBMP 2010; PEPP 2014, p. 155). Herbivory by slugs (Maui) and seed 
predation by rats (Maui, Kauai) are both reported to pose a threat to 
R. mauiensis (PEPP 2014, pp. 154-155; HBMP 2010). Stochastic events 
such as drought (Maui), landslides (Kauai), and fire (Maui) are also 
reported to pose a threat to R. mauiensis (HBMP 2010). Erosion is a 
threat to occurrences on Maui and Kauai (PEPP 2014, p. 155-

[[Page 58843]]

156). This species may experience reduced reproductive vigor due to low 
levels of genetic variability, leading to diminished capacity to adapt 
to environmental changes, thereby lessening the probability of its 
long-term persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 
1997, p. 361). Climate change may result in alteration of the 
environmental conditions and ecosystems that support this species. 
Ranunculus mauiensis may be unable to tolerate or respond to changes in 
temperature and moisture, or may be unable to move to areas with more 
suitable climatic regimes (Fortini et al. 2013, p. 86).
    The remaining occurrences of Ranunculus mauiensis and habitat for 
its reintroduction are at risk, the known individuals are restricted to 
small areas on Kauai, Molokai, and Maui, and continue to be negatively 
affected by habitat modification and destruction by ungulates, direct 
competition with nonnative plants, and herbivory and predation by slugs 
and rats. Because of its small, isolated occurrences, landslides, 
drought, and erosion may also have negatively impact this species. The 
small number of remaining individuals may limit this species' ability 
to adapt to environmental changes. Because of these threats, we find 
that this species should be listed throughout all of its range, and, 
therefore, we find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Sanicula sandwicensis (NCN) is a stout, erect, perennial herb in 
the parsley family (Apiaceae). This species is 8 to 28 in (20 and 70 
cm) tall, with multiple, profusely-branched stems arising from the 
rootstalk. The basal leaves are numerous, chartaceous, orbicular, 1 to 
5 in (3 to 12 cm) wide, and palmately 3-parted or 5-parted nearly to 
the petiole. The yellow flowers are umbellately arranged in terminal 
clusters of 2 to 5 stalks, with up to 20 flowers. Fruit is ovoid, 0.2 
in (4 mm) long, and covered with stout, hooked, bulbous prickles 
(Constance and Affolter 1999, p. 210). Sanicula sandwicensis is 
recognized as a distinct taxon by Constance and Affolter in Wagner et 
al. (1999, p. 210), the most recently accepted taxonomic treatment of 
this species. Sanicula sandwicensis occurs at 6,500 to 8,500 ft (2,000 
to 2,600 m) in shrubland and woodland on the islands of Maui and Hawaii 
Island, in the montane mesic (Hawaii Island and Maui), montane dry 
(Hawaii Island), and subalpine (Hawaii Island and Maui) ecosystems 
(Constance and Affolter 1999, p. 210; TNCH 2007; HBMP 2010).
    Sanicula sandwicensis is historically known from the islands of 
Maui (Haleakala) and Hawaii (Mauna Kea, Mauna Loa, and Haulalai) 
(Constance and Affolter1999, p. 210). Currently, there are fewer than 
20 individuals of S. sandwicensis on east and west Maui (MNTF 2010, in 
litt.; PEPP 2011, pp. 162-164). This species has not been observed on 
Hawaii Island since the 1990s (HBMP 2010; MNTF 2010, in litt.).
    Feral goats modify and destroy the habitat of Sanicula sandwicensis 
on Maui, with evidence of the activities of these animals reported in 
the areas where this species occurs (PEPP 2011, pp. 162-164). Ungulates 
are managed in Hawaii as game animals, but public hunting does not 
adequately control the numbers of ungulates to eliminate habitat 
modification and destruction, or to eliminate herbivory by these 
animals (Anderson et al. 2007, in litt.; HAR-DLNR 2010, in litt.). 
Nonnative plants modify and destroy the habitat of S. sandwicensis, and 
displace this species and other native Hawaiian plants by competing for 
water, nutrients, light, and space, or they may produce chemicals that 
inhibit the growth of other plants (Smith 1985, pp. 180-250; Vitousek 
et al. 1987 in Cuddihy and Stone 1990, p. 74; PEPP 2011, pp. 162-164). 
Those nonnative plants observed to directly affect S. sandwicensis and 
its habitat are Ageratina adenophora, Anthoxanthum odoratum (sweet 
vernalgrass), Epilobium ciliatum (willow herb), Holcus lanatus, Pinus 
spp., Prunella vulgaris, and Rubus argutus (PEPP 2011, pp. 162-164). 
Seed predation by rats is likely to adversely affect this species (HBMP 
2010). Stochastic events such as drought, flooding, and fires are all 
reported to pose a threat to this species (PEPP 2011, pp. 162-164). 
Erosion is a threat to occurrences on Maui (PEPP 2011, pp. 162-163). 
This species may experience reduced reproductive vigor due to low 
levels of genetic variability, leading to diminished capacity to adapt 
to environmental changes, thereby lessening the probability of its 
long-term persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 
1997, p. 361). Climate change may result in alteration of the 
environmental conditions and ecosystems that support this species. 
Sanicula sandwicensis may be unable to tolerate or respond to changes 
in temperature and moisture, or may be unable to move to areas with 
more suitable climatic regimes (Fortini et al. 2013, p. 88).
    The remaining occurrences of Sanicula sandwicensis and habitat for 
its reintroduction are at risk; the known individuals are restricted to 
a small area on Maui and continue to be negatively affected by habitat 
modification and destruction by feral goats and by direct competition 
with nonnative plants. Stochastic events such as drought, flooding, and 
fires all pose threats to this species. The small number of remaining 
individuals may limit this species' ability to adapt to environmental 
changes. Because of these threats, we find that this species should be 
listed throughout all of its range, and, therefore, we find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Santalum involutum (iliahi) is a shrub or small tree in the 
sandalwood family (Santalaceae). This species is 7 to 23 ft (2 to 7 m) 
tall, with yellowish-green to grayish-green leaves that are thinly 
chartaceous and often appearing droopy. The flowers are cream to 
purple, or greenish with a purple interior (Harbaugh et al. 2010, pp. 
827-838). Santalum involutum, originally described by St. John in 1984 
(pp. 217-226), was not recognized by Wagner et al. (1999, p. 1218); 
however, genetic analyses conducted by Harbaugh et al. (2010, pp. 827-
838) revived this species as a valid taxon. Habitat for Santalum 
involutum is mesic and wet forest on Kauai, at 400 to 2,500 ft (120 to 
750 m), in the lowland mesic and lowland wet ecosystems (TNCH 2007; 
Harbaugh et al. 2010, pp. 827-838). Historically, this species was 
known from northern Kauai at Kee, Hanakapiai, and Wainiha, and from 
southern Kauai at Wahiawa, but has not been observed in these areas for 
30 years (Harbaugh et al. 2010, p. 835). Currently, approximately 50 to 
100 individuals occur in isolated forest pockets in Pohakuao and 
Kalalau valleys (Harbaugh et al. 2010, p. 835).
    Feral pigs, goats, and black-tailed deer modify and destroy the 
habitat of Santalum involutum on Kauai, with evidence of the activities 
of these animals reported in the areas where this species occurs 
(Harbaugh et al. 2010, pp. 835-836). Ungulates are managed in Hawaii as 
game animals, but public hunting does not adequately control the 
numbers of ungulates to eliminate habitat modification and destruction, 
or to eliminate herbivory by these animals (Anderson et al. 2007, in 
litt.; HAR-DLNR 2010, in litt.). Nonnative plants modify and destroy 
the native habitat of S. involutum, and displace this species and other 
native Hawaiian plants by competing for water, nutrients, light, and 
space, or they may produce

[[Page 58844]]

chemicals that inhibit the growth of other plants (Smith 1985, pp. 180-
250; Vitousek et al. 1987 in Cuddihy and Stone 1990, p. 74; HBMP 2010). 
Nonnative plants reported to modify and destroy habitat of S. involutum 
are: Psidium guajava, P. cattleianum, Lantana camara, Rubus argutus, 
Hedychium gardnerianum, Clidemia hirta, Melinis minutiflora (molasses 
grass) (Harbaugh et al. 2010, p. 836). Herbivory and seed predation by 
rats is reported to pose a threat to S. involutum (Harbaugh et al. 
2010, p. 836). Wildfire is a potential threat to this species in mesic 
areas (Harbaugh et al. 2010, p. 836). This species may experience 
reduced reproductive vigor due to low levels of genetic variability, 
leading to diminished capacity to adapt to environmental changes, 
thereby lessening the probability of its long-term persistence (Barrett 
and Kohn 1991, p. 4; Newman and Pilson 1997, p. 361).
    The remaining occurrences of Santalum involutum and habitat for its 
reintroduction are at risk; the known individuals are restricted to a 
small area on Kauai and continue to be negatively affected by habitat 
modification and destruction by ungulates, direct competition with 
nonnative plants, and by herbivory and fruit predation by rats. The 
small number of remaining individuals may limit this species' ability 
to adapt to environmental changes. Because of these threats, we find 
that this species should be listed throughout all of its range, and, 
therefore, we find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Schiedea diffusa ssp. diffusa (NCN) is a reclining or weakly 
climbing vine in the pink family (Caryophyllaceae). This species is 
woody at the base, and glabrous or nearly so below, with purple-tinged 
hairs. Lanceolate to ovate leaves are 2 to 5 in (4 to 12 cm) long. 
Inflorescences have 20 to 90 flowers with purple or purple-tinged 
stalks. Capsules are very broadly ovoid, 0.2 to 0.3 in (5 to 7 mm) 
long. Schiedea diffusa ssp. diffusa was described by Wawra (1825, in 
Wagner et al. 2005, pp. 103-104) as S. diffusa ssp. angustifolia, now a 
synonym. This subspecies is currently recognized as a distinct taxon in 
Wagner et al. (1999, pp. 511-512) and in the Schiedea monograph by 
Wagner et al. (2005, pp. 103-106), the most recently accepted taxonomic 
treatments of this subspecies. Schiedea diffusa ssp. diffusa occurs in 
wet forest at 3,000 to 5,300 ft (915 to 1,600 m) on Molokai, and to 
6,700 ft (2,050 m) on Maui, in the lowland wet (Maui) and montane wet 
(Maui and Molokai) ecosystems (Wagner et al. 1999, p. 512; HBMP 2010; 
TNCH 2007).
    Schiedea diffusa ssp. diffusa was historically found on the islands 
of Molokai and Maui. On Molokai, this subspecies was known from Kawela 
to Waikolu valleys; on Maui, it was wide-ranging on both the east and 
west mountains (Wagner et al. 2005, p. 106). Currently, S. diffusa ssp. 
diffusa is known from east Maui in six occurrences (fewer than 50 
individuals total), in a much smaller range, from Puu o Kalae to Keanae 
(spanning about 5 mi (8 km)). On Molokai, there were two occurrences 
totaling fewer than 10 individuals, one at west Kawela Gulch, and one 
on the rim of Pelekunu Valley, last observed in the 1990s (HBMP 2010).
    Feral pigs modify and destroy the habitat of Schiedea diffusa ssp. 
diffusa on Maui and Molokai, with evidence of the activities of these 
animals reported in the areas where this subspecies occurs (PEPP 2014, 
p. 159; HBMP 2010). Ungulates are managed in Hawaii as game animals 
(except for cattle), but public hunting does not adequately control the 
numbers of ungulates to eliminate habitat modification and destruction, 
or to eliminate herbivory by these animals (Anderson et al. 2007, in 
litt.; HAR-DLNR 2010, in litt.). Nonnative plants modify and destroy 
the native habitat of S. diffusa ssp. diffusa, and displace this 
subspecies and other native Hawaiian plants by competing for water, 
nutrients, light, and space, or they may produce chemicals that inhibit 
the growth of other plants (Smith 1985, pp. 180-250; Vitousek et al. 
1987 in Cuddihy and Stone 1990, p. 74; HBMP 2010; PEPP 2014, p. 159). 
Herbivory by slugs and seed predation by rats are both reported to pose 
a threat to this subspecies (HBMP 2010; PEPP 2014, p. 159). This 
subspecies may experience reduced reproductive vigor due to low levels 
of genetic variability, leading to diminished capacity to adapt to 
environmental changes, thereby lessening the probability of its long-
term persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, 
p. 361).
    The remaining occurrences of Schiedea diffusa ssp. diffusa and 
habitat for its reintroduction are at risk. The known individuals are 
restricted to small areas on Maui and on Molokai (where it has not been 
observed for 20 years or longer), and continue to be negatively 
affected by habitat modification and destruction by ungulates, direct 
competition with nonnative plants, and herbivory and predation by slugs 
and rats. The small number of remaining individuals may limit this 
subspecies' ability to adapt to environmental changes. Because of these 
threats, we find that this subspecies should be listed throughout all 
of its range, and, therefore, we find that it is unnecessary to analyze 
whether it is endangered or threatened in a significant portion of its 
range.
    Schiedea pubescens (maolioli) is a reclining or weakly climbing 
vine in the pink family (Caryophyllaceae). This species is glabrous 
except for the inflorescence which has dense, purple-tinged hairs. The 
stems are 3 to 20 ft (1 to 6 m) long with internodes usually 2.5 to 5 
in (6 to 12 cm) long. Opposite, leathery, narrowly lanceolate leaves 
are sometimes purple-tinged, especially along the midrib. The tiny 
flowers are perfect and are arranged in open cymes 12 to 20 in (30 to 
50 cm) long (30 to 88 flowers) with purple hairs, and green to purple 
bracts and sepals. Capsules are 0.1 in (3 mm) long (Wagner et al. 1999, 
p. 519; Wagner et al. 2005, pp. 99-102). Schiedea pubescens was 
described by Hillebrand (1888, pp. 31-32), and is recognized as a 
distinct taxon in Wagner et al. (1999, p. 519), and in the Schiedea 
monograph by Wagner et al. (2005, pp. 99-102), the most recently 
accepted taxonomic treatments. Schiedea pubescens occurs in diverse 
mesic to wet Metrosideros forest at 2,000 to 4,000 ft (640 to 1,220 m), 
in the lowland wet (Maui and Molokai), montane wet (Molokai), montane 
mesic (Maui), and wet cliff (Maui, Lanai, and Molokai) ecosystems 
(Wagner et al. 1999, p. 519; Wagner et al. 2005, p. 100; HBMP 2010; 
TNCH 2007).
    Schiedea pubescens was historically found on the islands of 
Molokai, Lanai, and Maui. On Molokai, this species was found from Kalae 
to Pukoo ridge; on Lanai, it was known from the Lanaihale summit area, 
and on Maui, it was known from the western mountains at Olowalu, 
Kaanapali, and Waihee, and a possible occurrence the eastern mountains 
at Makawao (HBMP 2010). Currently, this species is known from one 
occurrence on Molokai, totaling fewer than 30 individuals; has not been 
observed on Lanai since 1922 and is believed extirpated; and from five 
occurrences on Maui (Wood 2001, in litt.; Oppenheimer 2006, in litt.; 
Bakutis 2010, in litt.; MNTF 2010, in litt.; Oppenheimer 2010, in 
litt.; Perlman 2010, in litt.; HBMP 2010; PEPP 2014, pp. 162-163). It 
was determined that a report of 4 to 6 individuals of S. pubescens in 
PTA on the island of Hawaii was a misidentification of the species S. 
hawaiiensis (Wagner et al. 2005, pp. 93, 95).
    Feral pigs, goats, axis deer, and cattle modify and destroy the 
habitat of Schiedea pubescens on Maui, Lanai,

[[Page 58845]]

and Molokai, with evidence of the activities of these animals reported 
in the areas where this species occurs (HBMP 2010; PEPP 2014, p. 162). 
Ungulates are managed in Hawaii as game animals (except for cattle), 
but public hunting does not adequately control the numbers of ungulates 
to eliminate habitat modification and destruction, or to eliminate 
herbivory by these animals (Anderson et al. 2007, in litt.; HAR-DLNR 
2010, in litt.). Nonnative plants modify and destroy the native habitat 
of S. pubescens, and displace this species and other native Hawaiian 
plants by competing for water, nutrients, light, and space, or they may 
produce chemicals that inhibit the growth of other plants (Smith 1985, 
pp. 180-250; Vitousek et al. 1987 in Cuddihy and Stone 1990, p. 74; 
HBMP 2010; PEPP 2014, pp. 162-163). Herbivory by slugs and seed 
predation by rats are both reported to pose a threat to S. pubescens on 
Maui (HBMP 2010; PEPP 2014, p. 162). Stochastic events such as drought, 
erosion, and flooding are also reported to pose a threat to S. 
pubescens (HBMP 2010; PEPP 2014, pp. 162). This species may experience 
reduced reproductive vigor due to low levels of genetic variability, 
leading to diminished capacity to adapt to environmental changes, 
thereby lessening the probability of its long-term persistence (Barrett 
and Kohn 1991, p. 4; Newman and Pilson 1997, p. 361). Climate change 
may result in alteration of the environmental conditions and ecosystem 
that support this species. Schiedea pubescens may be unable to tolerate 
or respond to changes in temperature and moisture, or may be unable to 
move to areas with more suitable climatic regimes (Fortini et al. 2013, 
p. 88).
    The remaining occurrences of Schiedea pubescens and habitat for its 
reintroduction are at risk. The known individuals are restricted to 
small areas on Molokai and Maui, and continue to be negatively affected 
by habitat modification and destruction by ungulates, direct 
competition with nonnative plants, and herbivory and predation by slugs 
and rats. Landslides, flooding, and drought may impact this species. 
The small number of remaining individuals may limit this species' 
ability to adapt to environmental changes. Because of these threats, we 
find that this species should be listed throughout all of its range, 
and, therefore, we find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Sicyos lanceoloideus (anunu) is a perennial vine in the gourd 
family (Cucurbitaceae). Stems are 49 ft (15 m) long with a woody base. 
Leaves are broadly ovate and palmately 3- to 5-lobed. Iflorescences are 
branched, 3 to 8 in (8 to 20 cm) long, with white flowers. Fruit are 
green, up to 1 in (25 mm) long and beaked (Telford 1999, p. 581). In 
1999, Wagner and Shannon (pp. 441-447) prepared a series of papers 
analyzing the names published in 1987 and 1988 by St. John, in which 
the nomenclature was evaluated and the taxa incorporated in a current 
classification. This provided a new combination for Sicyos sp. A as 
Sicyos lanceoloideus (Telford p. 581; Wagner and Shannon 1999, p. 444). 
Sicyos lanceoloideus is recognized as a distinct taxon in Wagner et al. 
(2012, p. 31), the most recently accepted taxonomic treatment. Sicyos 
lanceoloideus occurs on ridges or spurs in mesic forest at 1,800 to 
2,700 ft (550 to 800 m), in the dry cliff (Oahu), lowland mesic (Oahu 
and Kauai), and montane mesic (Kauai) ecosystems (Telford p. 581; HBMP 
2010; TNCH 2007).
    Sicyos lanceoloideus was historically found on the islands of Kauai 
(Kalalau Valley and Waimea Canyon) and Oahu (Waianae Mountains) 
(Telford 1999, p. 581). Currently, S. lanceoloideus occurs on Kauai in 
one occurrence in the Na Pali-Kona FR (exact number of individuals 
unknown), and on Oahu in four locations in the Waianae Mountains, 
totaling fewer than 35 individuals (HBMP 2010; U.S. Army 2014 
database). There may be more individuals, but because this species is a 
vine, it is difficult to determine exact numbers (PEPP 2013, p. 189).
    Feral pigs and goats modify and destroy the habitat of Sicyos 
lanceoloideus on Kauai and Oahu, with evidence of the activities of 
these animals reported in the areas where this species occurs (PEPP 
2013, p. 189; PEPP 2014, p. 166; HBMP 2010). Ungulates are managed in 
Hawaii as game animals, but public hunting does not adequately control 
the numbers of ungulates to eliminate habitat modification and 
destruction, or to eliminate herbivory by these animals (Anderson et 
al. 2007, in litt.; HAR-DLNR 2010, in litt.). Nonnative plants modify 
and destroy the native habitat of S. lanceoloideus, and displace this 
species and other native Hawaiian plants by competing for water, 
nutrients, light, and space, or they may produce chemicals that inhibit 
the growth of other plants (Smith 1985, pp. 180-250; Vitousek et al. 
1987 in Cuddihy and Stone 1990, p. 74; HBMP 2010). Drought and fire are 
also reported to pose a threat to S. lanceoloideus (PEPP 2014, pp. 166; 
HBMP 2010). Owing to the small remaining number of individuals, this 
species may experience reduced reproductive vigor due to low levels of 
genetic variability, leading to diminished capacity to adapt to 
environmental changes, thereby lessening the probability of its long-
term persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, 
p. 361). Climate change may result in alteration of the environmental 
conditions and ecosystems that support this species. Sicyos 
lanceoloideus may be unable to tolerate or respond to changes in 
temperature and moisture, or may be unable to move to areas with more 
suitable climatic regimes (Fortini et al. 2013, p. 89).
    The remaining occurrences of Sicyos lanceoloideus and habitat for 
its reintroduction are at risk. The known individuals are restricted to 
small areas on Kauai and Oahu and continue to be negatively affected by 
habitat modification and destruction by ungulates, direct competition 
with nonnative plants, and stochastic events such as drought. The small 
number of remaining individuals may limit this species' ability to 
adapt to environmental change. The effects of climate change are likely 
to further exacerbate these threats. Because of these threats, we find 
that this species should be listed throughout all of its range, and, 
therefore, we find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Sicyos macrophyllus (anunu) is a perennial vine in the gourd family 
(Cucurbitaceae). This species has sparsely pubescent stems with black 
spots, 49 ft (15 m) long. Leaves are broadly ovate and deeply lobed, 
with the upper surface glabrous and lower surface densely pubescent. 
Tendrils are twice branched. Flowers are either male or female, occur 
in pubescent panicles, and have a greenish-yellow corolla. The fruit is 
round and green (Telford 1999, p. 578). In 1987, a plant that occurred 
at Kipahulu on Maui was identified as Sicyocarya kipahuluensis by St. 
John (1987, p. 52). Since that time, Wagner and Shannon (1999, p. 444) 
synonymized this species under Sicyos macrophyllus. As a result, this 
species is not endemic to Hawaii Island, but occurs on both Maui and 
Hawaii. Sicyos macrophyllus is recognized as a distinct taxon in 
Telford (1999, p. 519) and in Wagner and Shannon (1999), the most 
recently accepted taxonomic treatments for this species. Typical 
habitat is wet Metrosideros polymorpha forest and Sophora chrysophylla-
Myoporum sandwicense (mamane-naio) forest, at 4,000 to 6,600 ft (1,200 
to 2,000 m) in the montane mesic (Hawaii Island),

[[Page 58846]]

montane wet (Maui), and montane dry (Hawaii Island) ecosystems (Telford 
1999, p. 578; TNCH 2007; HBMP 2010).
    Historically, Sicyos macrophyllus was known from Puuwaawaa, 
Laupahoehoe, Puna, and South Kona on the island of Hawaii, and from 
Kipahulu Valley on the island of Maui (HBMP 2010). Currently, S. 
macrophyllus is known from 10 occurrences, totaling between 24 and 26 
individuals, on the island of Hawaii at Puu Mali, Puuwaawaa (Puu Iki), 
Honaunau, Hakalau NWR-Kona Unit, Kaohe, Kukuiopae, Kipuka Maunaiu, 
Kipuka Ki, and Puu Huluhulu (Bio 2008, in litt.; Pratt 2008, pers. 
comm.; HBMP 2010). It is reported that wild individuals at Kipuka Ki at 
Hawaii Volcanoes National Park are reproducing; however, seeds have not 
been successfully germinated under nursery conditions (Pratt 2005, 
pers. comm.). The individual on Maui has not been observed since 1987 
(HBMP 2010).
    Feral pigs, mouflon, and cattle modify and destroy the habitat of 
Sicyos macrophyllus on the island of Hawaii, with evidence of the 
activities of these animals reported in the areas where this species 
occurs (HBMP 2010). Ungulates are managed in Hawaii as game animals 
(except for cattle), but public hunting does not adequately control the 
numbers of ungulates to eliminate habitat modification and destruction, 
or to eliminate herbivory by these animals (Anderson et al. 2007, in 
litt.; HAR-DLNR 2010, in litt.). Nonnative plants modify and destroy 
the native habitat of S. macrophyllus, and displace this species and 
other native Hawaiian plants by competing for water, nutrients, light, 
and space, or they may produce chemicals that inhibit the growth of 
other plants (Smith 1985, pp. 180-250; Vitousek et al. 1987 in Cuddihy 
and Stone 1990, p. 74; HBMP 2010). Seed predation by rats is reported 
to pose a threat to this species (HBMP 2010). Stochastic events such as 
fire are also reported to pose a threat to S. macrophyllus (HBMP 2010). 
This species may experience reduced reproductive vigor due to low 
levels of genetic variability, leading to diminished capacity to adapt 
to environmental changes, thereby lessening the probability of its 
long-term persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 
1997, p. 361). Climate change may result in alteration of the 
environmental conditions and ecosystem that support this species. 
Sicyos macrophyllus may be unable to tolerate or respond to changes in 
temperature and moisture, or may be unable to move to areas with more 
suitable climatic regimes (Fortini et al. 2013, p. 89).
    The remaining occurrences of Sicyos macrophyllus and habitat for 
its reintroduction are at risk. The only known individuals are 
restricted to small areas on Hawaii Island and continue to be 
negatively affected by habitat modification and destruction by 
ungulates, direct competition with nonnative plants, and seed predation 
by rats. The small number of remaining individuals may limit this 
species' ability to adapt to environmental changes. The effects of 
climate change are likely to further exacerbate these threats. Because 
of these threats, we find that this species should be listed throughout 
all of its range, and, therefore, we find that it is unnecessary to 
analyze whether it is endangered or threatened in a significant portion 
of its range.
    Solanum nelsonii (popolo) is a sprawling or trailing shrub up to 3 
ft (1 m) tall, in the nightshade family (Solanaceae) family. Plants 
form clumps up to 5 ft (2 m) in diameter. Young stems and leaves are 
densely pubescent and do not have spines. Broadly ovate leaves are 
grayish green, have entire margins, and are arranged alternately along 
the stems. Flowers are perfect and have a white tubular corolla that is 
tinged with lavender to pale purple. Round berries are usually black 
when mature with numerous seeds. Solanum nelsonii is unusual in the 
genus with its doubly curved, purple anthers, which possibly suggest 
different pollinators than bees (Symon 1999, pp. 1273-1274). Solanum 
nelsonii was described by Dunal (1852, 690 pp.) and is recognized as a 
distinct taxon in the Manual of Flowering Plants of Hawaii (Symon 1999, 
pp. 1273-1274), the most recently accepted Hawaiian plant taxonomy. 
Typical habitat for this species is coral rubble or sand in coastal 
sites up to 490 ft (150 m), in the coastal ecosystem (Symon 1999, pp. 
1273-1274; TNCH 2007; HBMP 2010).
    Historically, Solanum nelsonii was known from the island of Hawaii 
(Kaalualu, Kamilo, and Kaulana Bay, South Point; 5 individuals total); 
the island of Niihau at Kealea Bay, Kawaewaae, and Leahi; Nihoa Island; 
Laysan Island; Pearl and Hermes Reef (North Island, Seal-Kittery 
Island, and Grass Island); and at Kure Atoll (Green Island) (Lamoreaux 
1963, p. 6; Clapp et al. 1977, p. 36; HBMP 2010). This species was last 
collected on Niihau in 1949 (HBMP 2010). The only known individual on 
Maui was reported to have disappeared in the mid-1990s, after cattle 
had been allowed to graze in its last known habitat (HBMP 2010). 
Currently, S. nelsonii occurs in the coastal ecosystem, on the islands 
of Hawaii and Molokai (approximately 50 individuals), and on the 
northwestern Hawaiian Islands of Kure (an unknown number of 
individuals), Midway (approximately 260 individuals on Sand, Eastern, 
and Spit islands), Laysan (approximately 490 individuals), Pearl and 
Hermes (30 to 100 individuals), and Nihoa (8,000 to 15,000 individuals) 
(Aruch 2006, in litt.; Rehkemper 2006, in litt.; Tangalin 2006, in 
litt.; Bio 2008, in litt.; Vanderlip 2011, in litt.; Conry 2012, in 
litt.; PEPP 2013, pp. 190-191).
    Axis deer and cattle modify and destroy the habitat of Solanum 
nelsonii on the main Hawaiian islands of Maui, Molokai, and Hawaii 
(except axis deer), with evidence of the activities of these animals 
reported in the areas where this species occurs (HBMP 2010). Ungulates 
are managed in Hawaii as game animals (except for cattle), but public 
hunting does not adequately control the numbers of ungulates to 
eliminate habitat modification and destruction, or to eliminate 
herbivory by these animals (Anderson et al. 2007, in litt.; HAR-DLNR 
2010, in litt.). Nonnative plants modify and destroy the native habitat 
of S. nelsonii, both on the main Hawaiian Islands and on some of the 
Northwestern Hawaiian Islands (HBMP 2010). Nonnative plants displace 
this species and other native Hawaiian plants by competing for water, 
nutrients, light, and space, or they may produce chemicals that inhibit 
the growth of other plants (Smith 1985, pp. 180-250; Vitousek et al. 
1987 in Cuddihy and Stone 1990, p. 74; HBMP 2010). Seed predation by 
rats has been reported to pose a threat to S. nelsonii on Molokai (PEPP 
2014, p. 167). Stochastic events such as drought, erosion, fire, and 
flooding are also reported to pose a threat to S. nelsonii (PEPP 2014, 
p. 167; HBMP 2010). In 2011, a tidal wave swept over Midway Atoll's 
Eastern Island and Kure Atoll's Green Island, spreading plastic debris 
and destroying seabird nesting areas as far as about 500 ft (150 m) 
inland (DOFAW 2011, in litt.; USFWS 2011, in litt.). Tsunami, and 
potential sea level rise with global warming, could modify and destroy 
habitat for S. nelsonii in the low-lying Northwestern Hawaiian Islands. 
Occurrences of this species on the main Hawaiian Islands may experience 
reduced reproductive vigor due to low levels of genetic variability, 
leading to diminished capacity to adapt to environmental changes, 
thereby lessening the probability of its long-term persistence (Barrett 
and Kohn 1991, p. 4; Newman and Pilson 1997, p. 361). Climate change 
may result in alteration of the environmental conditions and

[[Page 58847]]

ecosystems that support this species. Solanum nelsonii may be unable to 
tolerate or respond to changes in temperature and moisture, or may be 
unable to move to areas with more suitable climatic regimes (Fortini et 
al. 2013, p. 89).
    The remaining occurrences of Solanum nelsonii on the main Hawaiian 
Islands are restricted to small areas of Molokai and Hawaii Island, and 
continue to be negatively affected by habitat modification and 
destruction by ungulates, direct competition with nonnative plants, and 
herbivory and predation by rats. The relatively isolated occurrences of 
S. nelsonii on the Northwestern Hawaiian Islands are negatively 
affected (on the low-lying islands) by nonnative plants and by 
stochastic events such as tsunami. The small number of remaining 
individuals in the main Hawaiian Islands may limit this species' 
ability to adapt to environmental changes. Because of these threats, we 
find that this species should be listed throughout all of its range, 
and, therefore, we find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
    Stenogyne kaalae ssp. sherffii (NCN) is a climbing vine in the mint 
family (Lamiaceae). Stems are quadrangular, 3 to 7 ft (1 to 2 m) long, 
either glabrous or pubescent in grooves. Leaves are glossy and 5 in (12 
cm) long. Flowers are very dark maroon and narrowly bell-shaped. 
Nutlets are 0.2 in (4 mm) long, fleshy, and dark purple (Weller and 
Sakai 1999, p. 838; Wagner and Weller 1999, pp. 448-449). In 1994, 
after publication of the treatment of Stenogyne by Weller and Sakai (in 
Wagner et al. 1990, p. 838), a new occurrence of the plant described as 
Stenogyne sherffii was discovered in the Koolau Mountains of Oahu. Upon 
further study, the morphological distinctions, coupled with the 
geographic separation from the Waianae Mountain individuals, clearly 
indicated it was not S. kaalae. The new taxon was identified as a 
subspecies of S. kaalae and given the name S. kaalae ssp. sherffii 
(Wagner and Weller 1999, pp. 448-449). Stenogyne kaalae ssp. sherffii 
occurs in the Koolau Mountains of Oahu, in diverse wet forest at 1,500 
to 1,600 ft (450 to 490 m), in the lowland wet ecosystem (Wagner and 
Weller 1999, pp. 448-449; HBMP 2010; U.S. Army 2014 database; TNCH 
2007).
    Stenogyne kaalae ssp. sherffii is historically known from diverse 
mesic forest in the Waianae Mountains of Oahu and from the lowland wet 
ecosystem of the Koolau Mountains (although, as described above, it was 
believed to be a different species, S. sherffii, until the mid-1990s). 
This subspecies occurred within a very small range in the northern 
Koolau Mountains, at Opaeula and Kawailoa, but is now extinct in the 
wild. There are propagules from the original collections that have been 
outplanted in the same area (PEPP 2014, p. 169).
    Feral pigs modify and destroy the habitat of Stenogyne kaalae ssp. 
sherffii on Oahu, with evidence of the activities of these animals 
reported in the areas where this subspecies occurred (HBMP 2010; PEPP 
2014, p. 169). Ungulates are managed in Hawaii as game animals, but 
public hunting does not adequately control the numbers of ungulates to 
eliminate habitat destruction and modification, or to eliminate 
herbivory by these animals (Anderson et al. 2007, in litt.; HAR-DLNR 
2010, in litt.). Nonnative plants destroy and modify the native habitat 
of S. kaalae ssp. sherffii, and displace this subspecies and other 
native Hawaiian plants by competing for water, nutrients, light, and 
space, or they may produce chemicals that inhibit the growth of other 
plants (Smith 1985, pp. 180-250; Vitousek et al. 1987 in Cuddihy and 
Stone 1990, p. 74; HBMP 2010). This subspecies may experience reduced 
reproductive vigor due to low levels of genetic variability, leading to 
diminished capacity to adapt to environmental changes, thereby 
lessening the probability of its long-term persistence (Barrett and 
Kohn 1991, p. 4; Newman and Pilson 1997, p. 361). Climate change may 
result in alteration of the environmental conditions and ecosystems 
that support this species. Stenogyne kaalae ssp. sherffii may be unable 
to tolerate or respond to changes in temperature and moisture, or may 
be unable to move to areas with more suitable climatic regimes (Fortini 
et al. 2013, p. 90).
    Any remaining occurrences of Stenogyne kaalae ssp. sherffii and 
habitat for its reintroduction are at risk, the known individuals were 
restricted to a very small area on Oahu, and the area continues to be 
negatively affected by habitat modification and destruction by 
ungulates and direct competition with nonnative plants. The small 
number of remaining individuals (ex situ only) may limit this 
subspecies' ability to adapt to environmental changes. The effects of 
climate change are likely to further exacerbate these threats. Because 
of these threats, we find that this subspecies should be listed 
throughout all of its range, and, therefore, we find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
    Wikstroemia skottsbergiana (akia) is a shrub or small tree in the 
akia family (Thymelaceae). Leaves are pale green, membranous, and 2 to 
5 in (6 to 12 cm) long. Flowers are green, with the calyx tube 0.3 to 
0.4 in (6 to 10 mm) long and outer lobes 0.1 to 0.2 in (2.5 to 5 mm) 
long. Fruit is red, ellipsoid, 0.3 in (8 mm) in diameter (Peterson 
1999, p. 1290). Wikstroemia skottsbergiana is recognized as a distinct 
taxon in Peterson (1999, p. 1290), the most recently accepted taxonomic 
treatment of this species. This species occurs in wet forest on the 
island of Kauai, in the lowland wet ecosystem (Peterson 1999, p. 1290; 
TNCH 2007), and is historically known from the Wahiawa Mountains, 
Hanalei Valley, and Kauhao Valley on the island of Kauai (Peterson 
1999, p. 1290). Currently, this species is limited to 30 individuals at 
one site (PEPP 2012, p. 26).
    Feral pigs destroy and modify the habitat of Wikstroemia 
skottsbergiana on Kauai, with evidence of the activities of these 
animals reported in the areas where this species occurs (DLNR 2005, in 
litt.). Ungulates are managed in Hawaii as game animals, but public 
hunting does not adequately control the numbers of ungulates to 
eliminate habitat destruction and modification, or to eliminate 
herbivory by these animals (Anderson et al. 2007, in litt.; HAR-DLNR 
2010, in litt.). Nonnative plants destroy and modify the native habitat 
of W. skottsbergiana, and displace this and other native Hawaiian 
plants by competing for water, nutrients, light, and space, or they may 
produce chemicals that inhibit the growth of other plants (Smith 1985, 
pp. 180-250; Vitousek et al. 1987 in Cuddihy and Stone 1990, p. 74; 
HBMP 2010). Predation of seeds by rats may pose a threat to this 
species (DLNR 2005, in litt.). This species may experience reduced 
reproductive vigor due to low levels of genetic variability, leading to 
diminished capacity to adapt to environmental changes, thereby 
lessening the probability of its long-term persistence (DLNR 2005, in 
litt.; Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, p. 361).
    The remaining occurrences of Wikstroemia skottsbergiana and habitat 
for its reintroduction are at risk. The known individuals are 
restricted to a very small area on Kauai and continue to be negatively 
affected by habitat modification and destruction by ungulates, direct 
competition with nonnative plants, and seed predation by rats. The 
small number of remaining individuals may limit this species'

[[Page 58848]]

ability to adapt to environmental changes. Because of these threats, we 
find that this species should be listed throughout all of its range, 
and, therefore, we find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.

Animals

Band-rumped storm-petrel (Oceanodroma castro)
    The band-rumped storm-petrel (Oceanodroma castro) is a small 
seabird, about 8 in (20 cm) long, with a wingspan of about 19 in (47 
cm), and about 2 ounces (50 grams) in weight. The tail is only slightly 
notched and may appear almost square. Plumage is an overall blackish-
brown with a white band across the ``rump'' (above the tail). This 
species typically flies with a relatively shallow wing-beat, and glides 
on slightly bowed wings as a regular part of flight (Slotterback 2002, 
p. 2). Sexes are alike in size and appearance. The band-rumped storm-
petrel is long-lived (15 to 20 years) and probably does not breed until 
its third year (Harrison et al. 1990, p. 48). Vocalizations at breeding 
colonies can be used to further distinguish this species from other 
seabirds (Allan 1962, p. 279; James and Robertson 1985, pp. 391-392). 
The band-rumped storm-petrel is a member of the family Hydrobatidae 
(order Procellariiformes) and a member of the Northern Hemisphere 
subfamily Hydrobatinae (Slotterback 2002, p. 2). Prior to 1900, this 
species had been described as an unnamed petrel in the genus 
Thalassidroma (Dole 1869, 1879 in Stejneger 1887, p. 78), as Cymochorea 
cryptoleucura (Ridgeway 1882, pp. 337-338), and as Oceanodroma 
cryptoleucura (Stejneger 1887, p. 78). After Henshaw's 1902 
publication, the Hawaiian population was known as O. castro 
cryptoleucura, the Hawaiian storm-petrel (Harrison et al. 1990, p. 47). 
Hawaiian names for this bird include oeoe, oweowe, and akeake (Harrison 
et al. 1990, p. 47). Austin (1952, pp. 395-396) examined 11 museum 
skins from Hawaii and concluded that, although the various populations 
exhibited minor size differences, these differences were not 
significant and the populations in Hawaii were best considered as 
belonging to a single species with no subspecies. Harris (1969, pp. 95, 
97-99) also supported this determination. Taxonomists have typically 
combined the Pacific populations of band-rumped storm-petrel into a 
single taxon, and currently the American Ornithologist's Union (AOU) 
regards the species as monotypic (2015, in litt.). However, molecular 
studies are ongoing and indicate genetic differences between 
populations in different oceans and archipelagos (Friesen et al. 2007a, 
pp. 18590-18592; Smith et al. 2007, p. 770), between sympatric 
populations that breed in different seasons (e.g., in the Galapagos 
Islands; Smith and Friesen 2007, pp. 1599-1560; Smith et al. 2007, p. 
756), and potentially between populations on individual Hawaiian 
islands (Bogardus 2015, in litt.)
    When not at nesting sites, adult band-rumped storm-petrels spend 
their time foraging on the open ocean (Slotterback 2002, p. 7). Food is 
taken from the ocean surface and consists mostly of small fish and 
squid (Slotterback 2002, p. 7; Harris 1969, p. 105). Nests are placed 
in crevices, holes, and protected ledges along cliff faces, where a 
single egg is laid (Allan 1962, p. 274-275; Harris 1969, pp. 104-105; 
Slotterback 2002, p. 11). Adults visit the nest site after dark, where 
they can be detected by their distinctive calls. In Hawaii, adults 
establish nesting sites in April or May, and the nesting season occurs 
during the summer months. The incubation period averages 42 days 
(Harris 1969, p. 109), and the young reach fledging stage in 64 to 70 
days (Allan 1962, p. 285; Harris 1969, p. 109).
    The band-rumped storm-petrel is found in several areas of the 
subtropical Pacific and Atlantic Oceans (del Hoyo 1992 in Bird Life 
International 2015, in litt.). The Atlantic breeding populations are 
restricted to islands in the eastern portions: Cape Verde, Ascension, 
Madeira, and the Azores Islands (Allan 1962, p. 274; Harrison 1983, p. 
274). Wintering birds may occur as far west as the mid-Atlantic; 
however, Atlantic breeding populations are not within the borders of 
the United States or areas under U.S. jurisdiction. Three widely 
separated breeding areas occur in the Pacific: in Japan, in Hawaii, and 
in the Galapagos (Richardson 1957, p. 19; Harris 1969, p. 96; Harrison 
1983, p. 274). The Japanese population, which breeds on islets off the 
east coast of Japan (Hidejima and Sanganjima in Allan 1962, p. 274; 
Harris 1969, p. 96) ranges within 860 mi (1,400 km) east and south of 
the breeding colonies.
    Populations in Japan and Galapagos total as many as 23,000 pairs 
(Boersma and Groom 1993, p. 114); however, a recent survey on Hidejima 
Island revealed only 117 burrows, some of which were occupied by 
Leach's storm petrels (Biodiversity Center of Japan 2014, p. 1). 
Surveyors noted that the nesting area had been affected by extensive 
erosion caused by the 2011 earthquake and tsunami (Biodiversity Center 
of Japan 2014, p. 1). When Polynesians arrived about 1,500 years ago, 
the band-rumped storm-petrel probably was common on all of the main 
Hawaiian Islands (Harrison et al. 1990, pp. 47-48). As evidenced by 
bones found in middens on Hawaii Island (Harrison et al. 1990, pp. 47-
48) and in excavation sites on Oahu and Molokai (Olson and James 1982, 
pp. 30, 33), band-rumped storm-petrels were once numerous enough to be 
used as a source of food and possibly feathers (Harrison et al. 1990, 
p. 48). In Hawaii, band-rumped storm-petrels are known to nest in 
remote cliff locations on Kauai and Lehua Island, and in high-elevation 
lava fields on Hawaii Island (Wood et al. 2002, pp. 17-18; Hu 2005, 
pers. comm.; VanderWerf et al. 2007, pp. 1, 5; Joyce and Holmes 2010, 
p. 3). Vocalizations were heard in Haleakala Crater on Maui in 1992 
(Johnston 1992, in Wood et al. 2002, p. 2) and more recently in 2006 
(Ackerman 2006, pers. comm.). Based on the scarcity of known breeding 
colonies in Hawaii and their remote, inaccessible locations today 
compared to prehistoric population levels and distribution, the band-
rumped storm-petrel appears to be is significantly reduced in numbers 
and range following human occupation of the Hawaiian Islands, likely as 
a result of predation by nonnative mammals and habitat loss.
    Band-rumped storm-petrels are regularly observed in coastal waters 
around Kauai, Niihau, and Hawaii Island (Harrison et al. 1990, p. 49; 
Holmes and Joyce 2009, 4 pp.), and in ``rafts'' (regular 
concentrations) of a few birds to as many as 100, possibly awaiting 
nightfall before coming ashore to breeding colonies. Kauai likely has 
the largest population, with an estimated 221 nesting pairs in cliffs 
along the north shore of the island in 2002, and additional 
observations on the north and south side of the island in 2010 
(Harrison et al. 1990, p. 49; Johnston 1992, in litt.; Wood et al. 
2002, pp. 2-3; Wood 2005, pers. comm.; Holmes and Joyce 2009, 4 pp.; 
Joyce and Holmes 2010, pp. 1-3). The band-rumped storm-petrel is also 
known from Lehua Island (VanderWerf et al. 2007, p. 1), from Maui 
(Hawaii's Comprehensive Wildlife Conservation Strategy (CWCS) 2005, in 
litt.), Kahoolawe (Olson 1992, pp. 38, 112), and Hawaii Island (CWCS 
2005, in litt.). Additional surveys have been conducted on several 
islands in recent years, including surveys confirming the presence of 
band-rumped storm-petrels at PTA on the island of Hawaii, but further 
data are not yet available (Swift 2015, in litt.).

[[Page 58849]]

We do not have a current estimate of total numbers in Hawaii at this 
time.
    Predation by nonnative animals on nests and adults during the 
breeding season is the greatest threat to the Hawaiian population of 
the band-rumped storm-petrel. These predators include feral cats (Felis 
catus), barn owls (Tyto alba), small Indian mongoose (Herpestes 
auropunctatus), black rats (Rattus rattus), Norway rats (R. 
norvegicus), and Polynesian rats (R. exulans) (Scott et al. 1986, pp. 
1, 363-364; Tomich 1986, pp. 37-45; Harrison et al. 1990, pp. 47-48; 
Slotterback 2002, p. 19; Wood 2005, pers. comm.). Attraction of 
fledglings to artificial lights and collisions with structures, such as 
communication towers and utility lines, is also a threat (Banko et al. 
1991, p. 651; Cooper and Day 1998, p. 18; Harrison et al. 1990, p. 49; 
Holmes and Joyce 2009, p. 2; Podolsky et al. 1998, pp. 21, 27-30; Reed 
et al.1985, p. 377; Telfer et al. 1987, pp. 412-413). Monitoring of 
power lines on Kauai has recorded over 1,000 strikes by seabirds 
annually (mostly Newell's shearwaters (Puffinus auricularis newelli); 
Travers et al. 2014, in litt.) that may result in injury or death. 
Recent studies of attraction of seabirds to artificial lights indicate 
that 40 percent of those downed by exhaustion (from circling the 
lights) are killed by collisions with cars or other objects (Anderson 
2014, p. 4-13; Travers et al. 2014, in litt.). Since 1979, 40 band-
rumped storm-petrels downed by light attraction have been retrieved on 
Kauai by the Save Our Shearwater program (Anderson 2014, p. 4-13). The 
small numbers of these birds and their nesting areas on remote cliffs 
make population-level impacts difficult to document. However, the band-
rumped storm-petrel has similar behavior, life history traits, and 
habitat needs to the Newell's shearwater, a threatened species that has 
sustained major losses as a result of light attraction and collisions 
with lines or other objects. Therefore, we conclude that these are 
potential threats to the band-rumped storm-petrel as well. Erosion and 
landslides at nest sites caused by nonnative ungulates is a potential 
threat in some locations on the island of Kauai. Regulatory mechanisms 
(e.g., the Migratory Bird Treaty Act (MBTA; 16 U.S.C. 703 et seq.)) 
contribute minimally to the active recovery and management of this 
species. Other potential threats include commercial fisheries, ocean 
pollution, and the small population size and limited distribution in 
Hawaii (Soul[eacute] 1987, p. 8; Lande et al. 1988, pp. 1455, 1458-
1459; Harrison et al. 1990, p. 50; Furness 2003, p. 33). A single 
hurricane during the breeding season could cause reproductive failure 
and kill a significant number of adult birds. In this proposed rule, 
our proposed listing determination would apply only to the Hawaiian 
population of the band-rumped storm-petrel (see ``Distinct Population 
Segment,'' below). Because of the deleterious and cumulative effects to 
the band-rumped storm-petrel caused by the threats described above, we 
find that the Hawaii population should be listed as endangered 
throughout its range, and, therefore, we find that it is unnecessary to 
analyze whether it is endangered or threatened in a significant portion 
of its range.
Yellow-faced bees (Hylaeus spp.)
    Bees in the genus Hylaeus (family Colletidae), which includes H. 
anthracinus, are commonly known as yellow-faced bees or masked bees for 
their yellow-to-white facial markings. Hylaeus bees are similar in 
structure to other hymenopterans (bees, wasps, and ants) in that adults 
have three main body parts--a head, thorax, and abdomen. One pair of 
antennae arises from the front of the head, between the eyes. Two pairs 
of wings and three pairs of legs are attached to the thorax, and the 
abdomen is composed of multiple segments (Borror et al. 1989, pp. 665-
666). All Hylaeus bees roughly resemble small wasps in appearance; 
however, Hylaeus bees have plumose (branched) hairs on the body that 
are longest on the sides of the thorax, which readily distinguish them 
from wasps (Michener 2000, p. 55).
    Bees in the family Colletidae are also referred to as plasterer 
bees because they line their nests with a self-secreted, cellophane-
like material. Eggs hatch and develop into larvae (immature stage) and 
as larvae grow, they molt through three successive stages (instars), 
then change into pupae (a resting form) in which they metamorphose and 
emerge as adults (Michener 2000, p. 24). The diet of the larval stage 
is unknown, although it is presumed the larvae feed on stores of pollen 
and nectar collected and deposited in the nest by the adult female.
Yellow-faced bee (Hylaeus anthracinus)
    Hylaeus anthracinus has clear to smoky wings and black legs. The 
male has a single large yellow spot on the face, and below the antennal 
sockets the face is yellow. The female is entirely black and can be 
distinguished by black hairs on the end of the abdomen and an unusual 
mandible with three teeth, a characteristic shared only with H. 
flavifrons, a closely related species on Kauai (Daly and Magnacca 2003, 
p. 53). Hylaeus anthracinus was first described as Prosopis anthracina 
by Smith in 1873 (in Daly and Magnacca 2003, p. 55) and transferred to 
Nesoprosopis 20 years later (Perkins 1899, p. 75). Nesoprosopis was 
reduced to a subgenus of Hylaeus in 1923 (Meade-Waldo 1923, p. 1). 
Although the distinctness of this species remains unquestioned, recent 
genetic evidence suggests H. anthracinus may be composed of three 
cryptic (not recognized) species or subspecies that represent 
populations on Hawaii, Maui and Kahoolawe, and Molokai and Oahu 
(Magnacca and Brown 2010, pp. 5-7). However, this has not been 
established scientifically; therefore, we treat H. anthracinus as a 
single species.
    Hylaeus anthracinus is a solitary bee, and after mating, females 
seek existing cavities in coral rubble or rocky substrates for nest 
construction (Magnacca and King 2013, pp. 13-14). Adult bees have been 
observed visiting the flowers of native coastal plants (Argemone glauca 
(pua kala), Chamaesyce celastroides (akoko), C. degeneri (akoko), 
Heliotropium anomalum (hinahina), H. foertherianum (tree heliotrope), 
Myoporum sandwicense (naio), Sesbania tomentosa (ohai), Scaevola 
taccada (naupaka kahakai), and Sida fallax (ilima)). This species has 
also been collected from inside the fruit capsule of Kadua coriacea 
(kiolele) (Magnacca 2005a, p. 2).
    Hylaeus anthracinus was historically known from numerous coastal 
and lowland dry forest habitats up to 2,000 ft (610 m) in elevation on 
the islands of Hawaii, Maui, Lanai, Molokai, and Oahu, and in some 
areas was ``locally abundant'' (Magnacca and King 2013, pp. 13-14). 
Between 1997 and 1998, surveys for Hawaiian Hylaeus were conducted at 
43 sites that were either historical collecting localities or potential 
suitable habitat. Hylaeus anthracinus was observed at 13 of the 43 
survey sites, but was not found at any of the 9 historically occupied 
sites (Daly and Magnacca 2003, p. 217; Magnacca 2007a, p. 44). Several 
of the historical collection sites have been urbanized or are dominated 
by nonnative vegetation (Liebherr and Polhemus 1997, pp. 346-347; Daly 
and Magnacca 2003, p. 55; Magnacca 2007b, pp. 186-188). Currently, H. 
anthracinus is known from 15 small patches of coastal and lowland dry 
forest habitat (Magnacca 2005a, p. 2); 5 locations on the island of 
Hawaii in the coastal and lowland dry ecosystems; 2 locations on Maui 
in the coastal and lowland dry ecosystems; 1 location on Kahoolawe in 
the lowland dry ecosystem; 3 locations

[[Page 58850]]

on Molokai in the coastal ecosystem, and 4 locations on Oahu in the 
coastal ecosystem (Daly and Magnacca 2003, p. 217; Magnacca 2005a, p. 
2; Magnacca 2007a, p. 44; Magnacca and King 2013, pp. 13-14). These 15 
locations supported small populations of H. anthracinus, but the number 
of individual bees is unknown. In 2004, a single individual was 
collected in montane dry forest on the island of Hawaii (possibly a 
vagrant); however, the presence of additional individuals has not been 
confirmed at this site (Magnacca 2005a, p. 2). Although this species 
was previously unknown from the island of Kahoolawe, it was observed at 
one location on the island in 2002 (Daly and Magnacca 2003, p. 55). 
Additionally, during surveys between 1997 and 2008, H. anthracinus was 
absent from 17 other sites on Hawaii, Maui, Lanai, Molokai, and Oahu 
with potentially suitable habitat from which other species of Hylaeus 
were collected (Daly and Magnacca 2003, pp. 4, 55; Magnacca 2008, pers. 
comm.).
    Habitat destruction and modification by urbanization and land use 
conversion leads to the direct fragmentation of foraging and nesting 
areas of Hylaeus anthracinus. Habitat destruction and modification by 
nonnative plants adversely impact native Hawaiian plant species by 
modifying the availability of light, altering soil-water regimes, 
modifying nutrient cycling, altering the fire characteristics 
(increasing the fire cycle), and ultimately converting native dominated 
plant communities to nonnative plant communities; such habitat 
destruction and modification result in removal of food sources and 
nesting sites for the H. anthracinus. Habitat modification and 
destruction by nonnative animals such as feral pigs (Sus scrofa), goats 
(Capra hircus), axis deer (Axis axis), and cattle (Bos taurus), are 
considered one of the primary factors underlying degradation of native 
vegetation in the Hawaiian Islands, and these habitat changes also 
remove food sources and nesting sites for H. anthracinus (Stone 1985, 
pp. 262-263; Cuddihy and Stone 1990, pp. 60-66, 73). Fire is a 
potential threat to H. anthracinus, as it destroys native plant 
communities on which it depends, and opens habitat for increased 
invasion by nonnative plants. Random, naturally occurring events such 
as hurricanes and drought can modify and destroy habitat of H. 
anthracinus by creating disturbed areas conducive to invasion by 
nonnative plants (Kitayama and Mueller-Dombois 1995, p. 671; Businger 
1998, pp. 1-2). Fire is a potential threat to H. anthracinus, as it 
destroys native coastal and lowland dry plant communities on which the 
species depends, and opens habitat for increased invasion by nonnative 
plants. Because of the greater frequency, intensity, and duration of 
fires that have resulted from the human alteration of landscapes and 
the introduction of nonnative plants, especially grasses, fires are now 
more destructive to native Hawaiian ecosystems (Brown and Smith 2000, 
p. 172), and a single grass-fueled fire often kills most native trees 
and shrubs in the area (D'Antonio and Vitousek 1992, p. 74) and could 
destroy food and nesting resources for H. anthracinus. The numbers of 
wildfires and the acreages involved are increasing in the main Hawaiian 
Islands; however, their occurrences and locations are unpredictable, 
and could affect habitat for yellow-faced bees at any time (Gima 1998, 
in litt.; County of Maui 2009, ch. 3, p. 3; Hamilton 2009, in litt.; 
Honolulu Advertiser 2010, in litt.; Pacific Disaster Center 2011, in 
litt.). Predation by nonnative ants including the big-headed ant 
(Pheidole megacephala), the yellow crazy ant (Anoplolepis gracilipes), 
Solenopsis papuana (NCN), and S. geminata (NCN) on Hylaeus egg, larvae, 
and pupal stages is a threat to H. anthracinus, and ants also compete 
with H. anthracinus for their nectar food source (Howarth 1985, p. 155; 
Hopper et al. 1996, p. 9; Holway et al. 2002, pp. 188, 209; Daly and 
Magnacca 2003, p. 9; Lach 2008, p. 155). Predation by nonnative western 
yellow jacket wasps is a threat to H. anthracinus because the wasp is 
an aggressive, generalist predator, and occurs in great numbers in many 
habitat types, from sea level to over 8,000 ft (2,450 m), including 
areas where H. anthracinus and other yellow-faced bees occur (Gambino 
et al. 1987, p. 169). Existing regulatory mechanisms and agency 
policies do not address the primary threats to the yellow-faced bees 
and their habitat from nonnative ungulates. Competition with nonnative 
bees (honeybees, carpenter bees, Australian colletid bees) for nectar 
and pollen is a potential threat to H. anthracinus (Magnacca 2007b, p. 
188). The small number of populations and individuals of H. anthracinus 
makes this species more vulnerable to extinction because of the higher 
risks from genetic bottlenecks, random demographic fluctuations, and 
localized catastrophes such as hurricanes and drought (Daly and 
Magnacca 2003, p. 3; Magnacca 2007b, p. 173). Changes in precipitation 
resulting from the effects of climate change may degrade habitat for 
all Hylaeus species; however, we are unable to determine the extent of 
these negative impacts at this time.
    The remaining populations of H. anthracinus and its habitat are at 
risk. The known individuals are restricted to 15 locations on Hawaii, 
Maui, Kahoolawe, Molokai, and Oahu continue to be negatively affected 
by habitat destruction and modification by urbanization and land-use 
conversion, and by habitat destruction and removal of food and nesting 
sites by nonnative ungulates and nonnative plants. Habitat destruction 
by fire is a potential threat. Randomly occurring events such as 
hurricanes and drought may modify habitat and remove food and nesting 
sources for H. anthracinus. Predation by nonnative ants and wasps is a 
threat. Existing regulatory mechanisms and agency policies do not 
address the primary threats to the yellow-faced bees and their habitat 
from nonnative ungulates. Competition with nonnative bees for food and 
nesting sites is a potential threat. The small number of remaining 
populations may limit this species' ability to adapt to environmental 
changes. Because of these threats, we find that Hylaeus anthracinus 
should be listed throughout all of its range, and, therefore, we find 
that it is unnecessary to analyze whether it is endangered or 
threatened in a significant portion of its range.
Yellow-faced bee (Hylaeus assimulans)
    Hylaeus assimulans is distinguished by its large size relative to 
other coastal Hylaeus species and by its slightly smoky to smoky-
colored wings and black legs. The male is black with yellow face marks, 
with an almost entirely yellow clypeus (lower face region) with 
additional marks on the sides that narrow dorsally (towards the top). 
The male also has brown appressed (flattened) hairs on the tip of the 
abdomen. The female is entirely black, large-bodied, and has distinct 
punctuation on the abdomen (Daly and Magnacca 2003, p. 56). Hylaeus 
assimulans was first described as Nesoprosopis assimulans (Perkins 
1899, pp. 75, 101-102). Nesoprosopis was reduced to a subgenus of 
Hylaeus in 1923 (Meade-Waldo 1923, p. 1). The species was most recently 
described as Hylaeus assimulans by Daly and Magnacca in 2003 (pp. 55-
56).
    Nests of H. assimulans are usually constructed opportunistically 
within existing burrows, or other similarly small natural cavities 
under bark or rocks that they suit to their own needs (Magnacca 2005b, 
p. 2). Adult bees have been observed visiting the flowers of its likely 
primary nesting native host plant,

[[Page 58851]]

Sida fallax (ilima), as well as the flowers of native Lipochaeta lobata 
(nehe) (Daly and Magnacca 2003, p. 58). Hylaeus assimulans appears to 
be closely associated with plants in the genus Sida, and studies thus 
far suggest this yellow-faced bee species may be more common where this 
plant is abundant (Daly and Magnacca 2003, pp. 58, 217; Magnacca 2007b, 
p. 183). Recent survey efforts indicate that H. assimulans is more 
common in dry forest, which may be related to the greater abundance of 
Sida in the understory (Magnacca 2005b, p. 2). It is likely that H. 
assimulans visits several other native plants, including Acacia koa 
(koa), Metrosideros polymorpha (ohia), Leptecophylla tameiameiae 
(pukiawe), Scaevola sp. (naupaka), and Chamaescye sp. (akoko), which 
are known to be frequented by other Hylaeus species (Magnacca 2005, 
pers. comm.).
    Historically, Hylaeus assimulans was known from numerous coastal 
and lowland dry forest habitats up to 2,000 ft (610 m) in elevation on 
the islands of Maui (coastal and lowland dry ecosystems), Lanai 
(lowland dry ecosystem), and Oahu (coastal and lowland dry ecosystem). 
There are no collections from Molokai although it is likely H. 
assimulans occurred there because all other species of Hylaeus known 
from Maui, Lanai, and Oahu also occurred on Molokai (Daly and Magnacca 
2003, pp. 217-229). Between 1997 and 1998, surveys for Hawaiian Hylaeus 
were conducted at 25 sites on Maui, Kahoolawe, Lanai, Molokai, and 
Oahu. Hylaeus assimulans was absent from 6 of its historical localities 
on Maui, Lanai, and Oahu, and was not observed at the remaining 19 
sites with potentially suitable habitat (Xerces Society 2009, p. 4; 
Daly and Magnacca 2003, pp. 56, 217; Magnacca 2005b, p. 2; Magnacca 
2007b, pp. 177, 181, 183). Currently, H. assimulans is known from a few 
small patches of coastal and lowland dry forest habitat (Magnacca 
2005b, p. 2); two locations on Maui in the lowland dry ecosystem; one 
location on Kahoolawe in the coastal ecosystem; and two locations on 
Lanai in the lowland dry ecosystem (Daly and Magnacca 2003, p. 58; 
Magnacca 2005b, p. 2). This species has likely been extirpated from 
Oahu because it has not been observed since Perkin's 1899 surveys, and 
was not found during recent surveys of potentially suitable habitat on 
Oahu at Kaena Point, Makapuu, and Kalaeloa (Daly and Magnacca 2003, p. 
217; Magnacca 2005b, p. 2).
    Habitat destruction and modification due to urbanization and land 
use conversion leads to fragmentation and eventual loss of, foraging 
and nesting areas for Hylaeus assimulans. Habitat destruction and 
modification by nonnative plants (Asystasia gangetica (Chinese violet), 
Atriplex semibaccata, Cenchrus ciliaris, Chloris barbata (swollen 
fingergrass), Digitaria insularis (sourgrass), Leucaena leucocephala 
(koa haole), Panicum maximum (guinea grass), Pluchea indica (Indian 
fleabane), P. carolinensis (sourbush), and Verbesina encelioides 
(golden crown-beard)) adversely impact native Hawaiian plant species by 
modifying the availability of light, altering soil-water regimes, 
modifying nutrient cycling, altering the fire characteristics, and 
ultimately converting native dominated plant communities to nonnative 
plant communities; such habitat destruction and modification result in 
removal of food sources and nesting sites for H. assimulans. Habitat 
modification and destruction by nonnative animals, such as feral pigs, 
goats, axis deer, and cattle, is are considered one of the primary 
factors underlying destruction of native vegetation in the Hawaiian 
Islands, and these habitat changes also remove food sources and nesting 
sites of H. assimulans (Stone 1985, pp. 262-263; Cuddihy and Stone 
1990, pp. 60-66, 73). Fire is a potential threat to H. assimulans, as 
it destroys native coastal and lowland dry plant communities on which 
the species depends, and opens habitat for increased invasion by 
nonnative plants. Because of the greater frequency, intensity, and 
duration of fires that have resulted from the human alteration of 
landscapes and the introduction of nonnative plants, especially 
grasses, fires are now more destructive to native Hawaiian ecosystems 
(Brown and Smith 2000, p. 172), and a single grass-fueled fire often 
kills most native trees and shrubs in the area (D'Antonio and Vitousek 
1992, p. 74), and could destroy food and nesting resources for H. 
assimulans. The numbers of wildfires, and the acreages involved, are 
increasing in the main Hawaiian Islands; however, their occurrences and 
locations are unpredictable, and could affect habitat for yellow-faced 
bees at any time (Gima 1998, in litt.; County of Maui 2009, ch. 3, p. 
3; Hamilton 2009, in litt.; Honolulu Advertiser 2010, in litt.; Pacific 
Disaster Center 2011, in litt.). Random, naturally occurring events 
such as hurricanes and drought can modify and destroy habitat of H. 
assimulans by creating disturbed areas conducive to invasion by 
nonnative plants (Kitayama and Mueller-Dombois 1995, p. 671; Businger 
1998, pp. 1-2). Predation by nonnative ants (the big-headed ant, the 
yellow crazy ant, Solenopsis papuana, and S. geminata) on Hylaeus egg, 
larvae, and pupal stages is a threat to H. assimulans; additionally, 
ants compete with H. assimulans for their nectar food source (Howarth 
1985, p. 155; Hopper et al. 1996, p. 9; Holway et al. 2002, pp. 188, 
209; Daly and Magnacca 2003, p. 9; Lach 2008, p. 155). Predation by 
nonnative western yellow jacket wasps is a potential threat to H. 
assimulans because the wasp is an aggressive, generalist predator, and 
occurs in great numbers in many habitat types, from sea level to over 
8,000 ft (2,450 m), including areas where H. assimulans and other 
yellow-faced bees occur (Gambino et al. 1987, p. 169). Existing 
regulatory mechanisms and agency policies do not address the primary 
threats to the yellow-faced bees and their habitat from nonnative 
ungulates. Competition with nonnative bees (honeybees, carpenter bees, 
Australian colletid bees) for nectar and pollen is a potential threat 
to H. assimulans (Magnacca 2007b, p. 188). The small number of 
populations and individuals of H. assimulans makes this species more 
vulnerable to extinction because of the higher risks from genetic 
bottlenecks, random demographic fluctuations, and localized 
catastrophes such as hurricanes and drought (Daly and Magnacca 2003, p. 
3; Magnacca 2007b, p. 173). Changes in precipitation resulting from the 
effects of climate change may degrade habitat for all Hylaeus species; 
however, we are unable to determine the extent of these negative 
impacts at this time.
    The remaining populations of H. assimulans and its habitat are at 
risk. The known individuals are restricted to 5 locations on Maui, 
Kahoolawe, and Lanai continue to be negatively affected by habitat 
destruction and modification by urbanization and land-use conversion, 
and by habitat destruction and removal of food and nesting sites by 
nonnative ungulates and nonnative plants. Habitat destruction by fire 
is a potential threat. Randomly occurring events such as hurricanes and 
drought may modify habitat and remove food and nesting sources for H. 
assimulans. Predation by nonnative ants and wasps is a threat. Existing 
regulatory mechanisms and agency policies do not address the primary 
threats to the yellow-faced bees and their habitat from nonnative 
ungulates. Competition with nonnative bees for food and nesting sites 
is a potential threat. The small number of remaining populations may 
limit this species' ability to adapt to

[[Page 58852]]

environmental changes. Because of these threats, we find that H. 
assimulans should be listed throughout all of its range, and, 
therefore, we find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
Yellow-faced bee (Hylaeus facilis)
    Hylaeus facilis is a medium-sized bee with smoky-colored wings. The 
male has an oval yellow mark on the face that covers the entire 
clypeus, and a narrow stripe beside the eyes, but is otherwise 
unmarked. The large, externally visible gonoforceps (paired lateral 
outer parts of the male genitalia) distinguish H. facilis from the 
closely related H. simplex (Daly and Magnacca 2003, p. 83). The female 
is entirely black and indistinguishable from females of H. difficilis 
and H. simplex (Daly and Magnacca 2003, p. 56). Hylaeus facilis is a 
member of the H. difficilis species group, and is closely related to H. 
chlorostictus and H. simplex. Hylaeus facilis was first described as 
Prosopis facilis by Smith in 1879 (Daly and Magnacca 2003, p. 80), 
based on a specimen erroneously reported from Maui. According to 
Blackburn and Cameron (1886 and 1887), the species' type locality was 
Pauoa Valley on Oahu (Daly and Magnacca 2003, p. 80). The species was 
later transferred to the genus Nesoprosopis (Perkins 1899, pp. 75, 77). 
Nesoprosopis was subsequently reduced to a subgenus of Hylaeus (Meade-
Waldo 1923, p. 1). The species was most recently recognized by Daly and 
Magnacca (2003, p. 80) as H. facilis.
    Nests of Hylaeus facilis are probably constructed opportunistically 
within existing burrows, or other similarly small natural cavities 
under bark or rocks (Daly and Magnacca 2003, p. 83; Magnacca 2005c, p. 
2). The native host plants of adult H. facilis are unknown, but it is 
likely this species visits several plants other Hylaeus species are 
known to frequent, including Acacia koa, Metrosideros polymorpha, 
Leptecophylla tameiameiae, Scaevola spp., and Chamaesyce spp. (Daly and 
Magnacca 2003, p. 11). Hylaeus facilis has been observed visiting 
nonnative Heliotropium foertherianum for nectar and pollen (Magnacca 
2007b, p. 181).
    Historically, Hylaeus facilis was known from Maui, Lanai, Molokai, 
and Oahu, in dry shrubland to wet forest from sea level to 3,000 ft 
(1,000 m) (Gagne and Cuddihy 1999, p. 93; Daly and Magnacca 2003, pp. 
81, 83). Perkins (1899, p. 77) remarked H. facilis was among the most 
common and widespread Hylaeus species on Oahu and all of Maui Nui 
(Maui, Lanai, and Molokai) (Magnacca 2007b, p. 183). Although the 
species was widely collected, it likely prefers dry to mesic forest and 
shrubland (Magnacca 2005c, p. 2), which are increasingly rare and 
patchily distributed habitats (Smith 1985, pp. 227-233; Juvik and Juvik 
1998, p. 124; Wagner et al. 1999, pp. 66-67, 75; Magnacca 2005c, p. 2). 
Researchers believe the wet forest site on Oahu where H. facilis was 
observed likely had an open understory (mesic conditions), and 
represents an outlier or residual population (Liehberr and Polhemus 
1997, p. 347; Perkins 1899, p. 76). Hylaeus facilis has almost entirely 
disappeared from most of its historical range (Maui, coastal and 
lowland mesic; Lanai, lowland dry and lowland mesic; and Oahu, coastal 
and lowland dry) (Daly and Magnacca 2003, p. 7; Magnacca 2007b, p. 
183). Between 1998 and 2006, 39 sites on Maui, Lanai, Molokai, and Oahu 
were surveyed, including 13 historical sites. Hylaeus facilis was 
absent from all 13 localities (Magnacca 2007b, p. 183) and was not 
observed at 26 additional sites with potentially suitable habitat (Daly 
and Magnacca 2003, pp. 7, 81-82; Magnacca 2007b, p. 183). Likely 
extirpated from Lanai, H. facilis is currently known from only two 
locations, one on Molokai in the coastal ecosystem, and one on Oahu in 
the lowland mesic ecosystem (Daly and Magnacca 2003, pp. 81-82; 
Magnacca 2005c, p. 2). In addition, in 1990, a single individual was 
collected on Maui near Makawao at 1,500 ft (460 m); however, this site 
is urbanized and devoid of native plants, and it is likely this 
collection was a vagrant individual.
    Habitat destruction and modification by urbanization and land use 
conversion leads to fragmentation of, and eventual loss of, foraging 
and nesting areas of Hylaeus facilis. Habitat destruction and 
modification by nonnative plants adversely impact native Hawaiian plant 
species by modifying the availability of light, altering soil-water 
regimes, modifying nutrient cycling, altering the fire characteristics, 
and ultimately converting native dominated plant communities to 
nonnative plant communities; such habitat destruction and modification 
results in removal of food sources and nesting sites for the H. 
facilis. In addition to the nonnative plant species noted above that 
modify and destroy habitat of H. assimulans, Brachiaria mutica 
(California grass), Prosopis pallida, Psidium cattleianum (strawberry 
guava), and Rubus spp. are noted to negatively affect the habitat of H. 
facilis (Hawaii Division of Forestry and Wildlife (DOFAW) 2007, pp. 20-
22; Cuddihy and Stone 1990, p. 105). Habitat modification and 
destruction by nonnative animals, such as feral pigs, goats, axis deer, 
and cattle, are considered one of the primary factors underlying 
destruction of native vegetation in the Hawaiian Islands, and these 
habitat changes also remove food sources and nesting sites for H. 
facilis (Stone 1985, pp. 262-263; Cuddihy and Stone 1990, pp. 60-66, 
73). Fire is a potential threat to H. facilis, as it destroys native 
plant communities on which the species depends, and opens habitat for 
increased invasion by nonnative plants. Because of the greater 
frequency, intensity, and duration of fires that have resulted from the 
human alteration of landscapes and the introduction of nonnative 
plants, especially grasses, fires are now more destructive to native 
Hawaiian ecosystems (Brown and Smith 2000, p. 172), and a single grass-
fueled fire often kills most native trees and shrubs in the area 
(D'Antonio and Vitousek 1992, p. 74) and could destroy food and nesting 
resources for H. facilis. The numbers of wildfires, and the acreages 
involved, are increasing in the main Hawaiian Islands; however, their 
occurrences and locations are unpredictable, and could affect habitat 
for yellow-faced bees at any time (Gima 1998, in litt.; County of Maui 
2009, ch. 3, p. 3; Hamilton 2009, in litt.; Honolulu Advertiser 2010, 
in litt.; Pacific Disaster Center 2011, in litt.). Random, naturally 
occurring events such as hurricanes and drought can modify and destroy 
habitat of H. facilis by creating disturbed areas conducive to invasion 
by nonnative plants (Kitayama and Mueller-Dombois 1995, p. 671; 
Businger 1998, pp. 1-2). Predation by nonnative ants (the big-headed 
ant, the yellow crazy ant, Solenopsis papuana, and S. geminata) on 
Hylaeus egg, larvae, and pupal stages is a threat to H. facilis; 
additionally, ants compete with H. facilis for their nectar food source 
(Howarth 1985, p. 155; Hopper et al. 1996, p. 9; Holway et al. 2002, 
pp. 188, 209; Daly and Magnacca 2003, p. 9; Lach 2008, p. 155). 
Predation by nonnative western yellow jacket wasps is a potential 
threat to H. facilis because the wasp is an aggressive, generalist 
predator, and occurs in great numbers in many habitat types, from sea 
level to over 8,000 ft (2,450 m), including areas where H. assimulans 
and other yellow-faced bees occur (Gambino et al. 1987, p. 169). 
Existing regulatory mechanisms and agency policies do not address the 
primary threats to the yellow-faced bees and their habitat from 
nonnative ungulates. Competition with nonnative bees (honeybees, 
carpenter bees, Australian

[[Page 58853]]

colletid bees) for nectar and pollen is a potential threat to H. 
facilis (Magnacca 2007b, p. 188). The small number of populations and 
individuals of H. facilis makes this species more vulnerable to 
extinction because of the higher risks from genetic bottlenecks, random 
demographic fluctuations, and localized catastrophes such as hurricanes 
and drought (Daly and Magnacca 2003, p. 3; Magnacca 2007b, p. 173). 
Changes in precipitation resulting from the effects of climate change 
may degrade habitat for all Hylaeus species; however, we are unable to 
determine the extent of these negative impacts at this time.
    The remaining populations of Hylaeus facilis and its habitat are at 
risk. The known individuals are restricted to one location on Molokai 
and one location on Oahu, and continue to be negatively affected by 
habitat destruction and modification by urbanization and land-use 
conversion, and by habitat destruction and removal of food and nesting 
sites by nonnative ungulates and nonnative plants. Habitat destruction 
by fire is a potential threat. Randomly occurring events such as 
hurricanes and drought may modify habitat and remove food and nesting 
sources for H. facilis. Predation by nonnative ants and wasps is a 
threat. Existing regulatory mechanisms and agency policies do not 
address the primary threats to the yellow-faced bees and their habitat 
from nonnative ungulates. Competition with nonnative bees for food and 
nesting sites is a potential threat. The small number of remaining 
populations may limit this species' ability to adapt to environmental 
changes. Because of these threats, we find that H. facilis should be 
listed throughout all of its range, and, therefore, we find that it is 
unnecessary to analyze whether it is endangered or threatened in a 
significant portion of its range.
Yellow-faced bee (Hylaeus hilaris)
    Hylaeus hilaris is distinguished by its large size (male wing 
length is 0.19 in (4.7 mm)) relative to other coastal Hylaeus species. 
The wings of this species are slightly smoky to smoky-colored, and it 
is the most colorful of the Hylaeus species. The face of the male is 
almost entirely yellow, with yellow markings on the legs and thorax, 
and the metasoma (posterior portion of the abdomen) are usually 
predominantly red. Females are drab colored, with various brownish 
markings. As with other cleptoparasitic species (those that steal food 
and nests of other bees for their own young; see below), H. hilaris 
lacks the specialized pollen-sweeping hairs of the front legs (Daly and 
Magnacca 2003, pp. 9, 106). It is also one of only two Hawaiian Hylaeus 
species to possess apical (at the end of a structure) bands of fine 
white hairs on the segments of the metasoma. Hylaeus hilaris was first 
described as Prosopis hilaris by Smith in 1879 (in Daly and Magnacca 
2003, pp. 103-104), and transferred to the genus Nesoprosopis 20 years 
later (Perkins 1899, p. 75). Nesoprosopis was reduced to a subgenus of 
Hylaeus in 1923 (Meade-Waldo 1923, p. 1). In 2003, Daly and Magnacca 
(pp. 103-104) described the species as Hylaeus hilaris, and is the most 
recently accepted taxonomic treatment of this species.
    Most adult Hylaeus species consume nectar for energy; however, H. 
hilaris has yet to be observed actually feeding from flowers. Hylaeus 
hilaris and four related species (H. hostilis, H. inquilina, H. 
sphecodoides, and H. volatilis) are known as cleptoparasites or cuckoo 
bees. The mated female does not construct a nest or collect pollen, but 
instead enters the nest of another species and lays an egg in a 
provisioned cell. Upon hatching, the larva of H. hilaris kills the host 
egg, consumes the provisions, pupates, and eventually emerges as an 
adult. This species is known to lay its eggs within nests of H. 
anthracinus, H. assimulans, and H. longiceps (Perkins 1913, p. lxxxi). 
Hylaeus hilaris depends on related Hylaeus host species to support 
larval life stage, its population size is observed to be much smaller 
than its host species, and this species is probably the most at risk of 
extinction because of these features (Magnacca 2007b, p. 181).
    Historically, Hylaeus hilaris was known from coastal habitat on 
Maui, Lanai, and Molokai, and from lowland dry habitat on Maui. It is 
believed to have occurred along much of the coast of these islands 
because its primary hosts, H. anthracinus, H. assimulans, and H. 
longiceps likely occurred throughout this habitat. First collected on 
Maui in 1879, H. hilaris has only been collected twice in the last 100 
years. Hylaeus hilaris was absent from three of its historical 
population sites revisited by researchers between 1998 and 2006 
(Magnacca 2007b, p. 181). It was also not observed in 2003 at 10 
additional sites with potentially suitable habitat (Daly and Magnacca 
2003, pp. 103, 106). Currently, the only known population of H. hilaris 
is located on The Nature Conservancy's Moomomi Preserve on Molokai, in 
the coastal ecosystem (Daly and Magnacca 2003, pp. 103, 106; Magnacca 
2005d, p. 2; Magnacca 2007b, p. 181).
    Because Hylaeus hilaris is an obligate parasite on H. anthracinus, 
H. assimulans, and H. longiceps, its occurrences are determined by the 
remaining populations of these three other species. Habitat destruction 
and modification by urbanization and land use conversion leads to 
fragmentation of, and eventual loss of, foraging and nesting areas of 
H. hilaris, and of those Hylaeus species that H. hilaris is dependent 
upon. Habitat destruction and modification by nonnative plants 
adversely impact native Hawaiian plant species by modifying the 
availability of light, altering soil-water regimes, modifying nutrient 
cycling, altering the fire characteristics, and ultimately converting 
native dominated plant communities to nonnative plant communities; such 
habitat destruction and modification result in removal of food sources 
and nesting sites for the Hylaeus species that H. hilaris is dependent 
upon. Nonnative plant species that modify and destroy habitat of H. 
hilaris are noted in the description for H. assimulans, above. Habitat 
modification and destruction by nonnative animals, such as feral pigs, 
goats, axis deer, and cattle, are considered one of the primary factors 
underlying destruction of native vegetation in the Hawaiian Islands, 
and these habitat changes also remove food sources and nesting sites 
for the host species of H. hilaris (Stone 1985, pp. 262-263; Cuddihy 
and Stone 1990, pp. 60-66, 73). Fire is a potential threat to H. 
hilaris, as it destroys native plant communities, and opens habitat for 
increased invasion by nonnative plants. Because of the greater 
frequency, intensity, and duration of fires that have resulted from the 
human alteration of landscapes and the introduction of nonnative 
plants, especially grasses, fires are now more destructive to native 
Hawaiian ecosystems (Brown and Smith 2000, p. 172), and a single grass-
fueled fire often kills most native trees and shrubs in the area 
(D'Antonio and Vitousek 1992, p. 74) and could destroy food and nesting 
resources for Hylaeus species which H. hilaris parasitizes. The numbers 
of wildfires, and the acreages involved, are increasing in the main 
Hawaiian Islands; however, their occurrences and locations are 
unpredictable, and could affect habitat for yellow-faced bees at any 
time (Gima 1998, in litt.; County of Maui 2009, ch. 3, p. 3; Hamilton 
2009, in litt.; Honolulu Advertiser 2010, in litt.; Pacific Disaster 
Center 2011, in litt.). Random, naturally occurring events such as 
hurricanes and drought can modify and destroy habitat of H. hilaris by 
creating disturbed areas conducive to invasion by nonnative plants 
(Kitayama and Mueller-Dombois 1995, p. 671; Businger 1998, pp. 1-2).

[[Page 58854]]

Predation by nonnative ants (the big-headed ant, the long-legged ant, 
Solenopsis papuana, and S. geminata) on Hylaeus egg, larvae, and pupal 
stages is also a threat to H. hilaris (Howarth 1985, p. 155; Hopper et 
al. 1996, p. 9; Holway et al. 2002, pp. 188, 209; Daly and Magnacca 
2003, p. 9; Lach 2008, p. 155). Predation by nonnative western yellow 
jacket wasps is a potential threat to H. hilaris because the wasp is an 
aggressive, generalist predator, and occurs in great numbers in many 
habitat types, from sea level to over 8,000 ft (2,450 m), including 
areas where H. hilaris and other yellow-faced bees occur (Gambino et 
al. 1987, p. 169). Existing regulatory mechanisms and agency policies 
do not address the primary threats to the yellow-faced bees and their 
habitat from nonnative ungulates. Competition with nonnative bees 
(honeybees, carpenter bees, Australian colletid bees) for nectar and 
pollen is a potential threat to the host yellow-faced bees of H. 
hilaris (Magnacca 2007b, p. 188). The small number of populations and 
individuals of H. hilaris makes this species more vulnerable to 
extinction because of the higher risks from genetic bottlenecks, random 
demographic fluctuations, and localized catastrophes such as hurricanes 
and drought (Daly and Magnacca 2003, p. 3; Magnacca 2007b, p. 173). 
Changes in precipitation resulting from the effects of climate change 
may degrade habitat for all Hylaeus species; however, we are unable to 
determine the extent of these negative impacts at this time. Because of 
these threats, we find that Hylaeus hilaris should be listed throughout 
all of its range, and, therefore, we find that it is unnecessary to 
analyze whether it is endangered threatened or in a significant portion 
of its range.
Yellow-faced bee (Hylaeus kuakea)
    Hylaeus kuakea is a small, black bee with slightly smoky-colored 
wings. This species does not fit into any of the well-defined Hylaeus 
species groups. Its facial marks are similar to those of the H. 
difficilis group and to H. anthracinus, but it has an unusual ivory 
facial marking covering the clypeus. Hylaeus kuakea has a denser, more 
distinct arrangement of setae (sensory hairs) on the head and narrow 
marks next to the compound eyes (Daly and Magnacca 2003, p. 125; 
Magnacca 2005e, p. 2). Only four adult male specimens have been 
collected; females have yet to be collected or observed. Hylaeus kuakea 
was first described by Daly and Magnacca (2003, pp. 1, 125-127) from 
specimens collected in 1997 in the Waianae Mountains of Oahu.
    Hylaeus kuakea is believed to be a stem-nesting species and likely 
constructs nests opportunistically within existing burrows inside dead 
twigs or plant stems (Magnacca and Danforth 2006, p. 403). The native 
host plants of the adult H. kuakea are unknown, but it is likely this 
species visits several plants other Hylaeus species are known to 
frequent, including Acacia koa, Metrosideros polymorpha, Leptecophylla 
tameiameiae, Scaevola spp., and Chamaesyce spp. (Magnacca 2005e, p. 2).
    Because the first collection of Hylaeus kuakea was not made until 
1997, its historical range is unknown (Magnacca 2005e, p. 2; Magnacca 
2007a, p. 184). Phylogenetically, H. kuakea belongs in a species-group 
primarily including species inhabiting mesic forests (Magnacca and 
Danforth 2006, p. 405). Only four individuals (all males) have been 
collected from two different sites in the Waianae Mountains of Oahu in 
the lowland mesic ecosystem (Magnacca 2007b, p. 184). The species has 
never been collected in any other habitat type or area, including some 
sites that have been more thoroughly surveyed (Magnacca 2011, in 
litt.). Not all potentially suitable habitat has been surveyed due to 
the remote and rugged locations, small size, rareness, and distant 
spacing among large areas of nonnative forest (Smith 1985, pp. 227-233; 
Juvik and Juvik 1998, p. 124; Wagner et al. 1999, pp. 66-67, 75).
    Habitat destruction and modification by feral pigs leads to 
fragmentation, and eventual loss, of foraging and nesting areas of 
Hylaeus kuakea. Habitat destruction and modification by nonnative 
plants adversely impact native Hawaiian plant species by modifying the 
availability of light, altering soil-water regimes, modifying nutrient 
cycling, altering the fire characteristics, and ultimately converting 
native dominated plant communities to nonnative plant communities; such 
habitat destruction and modification result in removal of food sources 
and nesting sites for H. kuakea. Nonnative plant species that modify 
and destroy habitat of H. kuakea are noted in the descriptions for H. 
assimulans and H. facilis, above. Fire is a potential threat to H. 
kuakea because it destroys native plant communities and opens habitat 
for increased invasion by nonnative plants. Because of the greater 
frequency, intensity, and duration of fires that have resulted from the 
human alteration of landscapes and the introduction of nonnative 
plants, especially grasses, fires are now more destructive to native 
Hawaiian ecosystems (Brown and Smith 2000, p. 172), and a single grass-
fueled fire often kills most native trees and shrubs in the area 
(D'Antonio and Vitousek 1992, p. 74) and could destroy food and nesting 
resources for H. kuakea. The numbers of wildfires, and the acreages 
involved, are increasing in the main Hawaiian Islands; however, their 
occurrences and locations are unpredictable, and could affect habitat 
for yellow-faced bees at any time (Gima 1998, in litt.; County of Maui 
2009, ch. 3, p. 3; Hamilton 2009, in litt.; Honolulu Advertiser 2010, 
in litt.; Pacific Disaster Center 2011, in litt.). The only known 
occurrences of H. kuakea are close to military training areas, where 
the risk of fire is elevated. Several fires on Oahu have impacted rare 
or endangered species in lowland mesic habitat similar to that where H. 
kuakea has been found (TNC 2005, in litt.; U.S. Army Garrison 2007, p. 
3; DLNR 2014, in litt.; KHON 2014, in litt.). Random, naturally 
occurring events such as hurricanes and drought can modify and destroy 
habitat of H. kuakea by creating disturbed areas conducive to invasion 
by nonnative plants (Kitayama and Mueller-Dombois 1995, p. 671; 
Businger 1998, pp. 1-2). Predation by nonnative ants (the big-headed 
ant, the long-legged ant, Solenopsis papuana, and S. geminata) on 
Hylaeus egg, larvae, and pupal stages is a threat to H. kuakea; 
additionally, ants compete with H. kuakea for their nectar food source 
(Howarth 1985, p. 155; Hopper et al. 1996, p. 9; Holway et al. 2002, 
pp. 188, 209; Daly and Magnacca 2003, p. 9; Lach 2008, p. 155). 
Predation by nonnative western yellow jacket wasps is a potential 
threat to H. kuakea because the wasp is an aggressive, generalist 
predator, and occurs in great numbers in many habitat types, from sea 
level to over 8,000 ft (2,450 m), including areas where H. kuakea and 
other yellow-faced bees occur (Gambino et al. 1987, p. 169). Existing 
regulatory mechanisms and agency policies do not address the primary 
threats to the yellow-faced bees and their habitat from nonnative 
ungulates. Competition with nonnative bees (honeybees, carpenter bees, 
Australian colletid bees) for nectar and pollen is a potential threat 
to H. kuakea (Magnacca 2007b, p. 188). The small number of populations 
and individuals of H. kuakea makes this species more vulnerable to 
extinction because of the higher risks from genetic bottlenecks, random 
demographic fluctuations, and localized catastrophes such as hurricanes 
and drought (Daly and Magnacca 2003, p. 3; Magnacca 2007, p. 173). 
Changes in precipitation resulting

[[Page 58855]]

from the effects of climate change may degrade habitat for all Hylaeus 
species; however, we are unable to determine the extent of these 
negative impacts at this time. Because of these threats, we find that 
Hylaeus kuakea should be listed throughout all of its range, and, 
therefore, we find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
Yellow-faced bee (Hylaeus longiceps)
    Hylaeus longiceps is a small to medium-sized black bee with clear 
to slightly smoky-colored wings. Its distinguishing characteristics are 
its long head and the facial marks of the male. The lower face of the 
male is marked with a yellow band that extends at the sides of the face 
in a broad stripe above the antennal sockets. The area above the 
clypeus is very long and narrow, and the scape (the first antennal 
segment) is noticeably twice as long as it is wide. The female is 
entirely black and unmarked (Daly and Magnacca 2003, p. 133). Hylaeus 
longiceps was first described in 1899 as Nesoprosopis longiceps 
(Perkins 1899, pp. 75, 98), and then Nesoprosopis was reduced to a 
subgenus of Hylaeus in 1923 (Meade-Waldo 1923, p. 1). Daly and Magnacca 
(2003, pp. 133-134) most recently described the species as H. 
longiceps.
    Hylaeus longiceps is a ground-nesting species, constructing nests 
opportunistically within existing burrows or small natural cavities 
under bark or rocks (Magnacca 2005f, p. 2). Adult bees have been 
observed visiting the flowers of a wide variety of native plants 
including Chamaesyce degeneri (akoko), Myoporum sandwicense (naio), 
Santalum ellipticum (iliahialoe), Scaevola coriacea (dwarf naupaka), 
Sesbania tomentosa (ohai), Sida fallax (ilima), and Vitex rotundifolia 
(pohinahina) (Daly and Magnacca 2003, p. 135). It is likely H. 
longiceps also visits several plant species other Hylaeus species are 
known to frequently visit, including Heliotropium foertherianum (tree 
heliotrope) and Jacquemontia ovalifolia (pauohiiaka) (Magnacca 2005f, 
p. 2).
    Hylaeus longiceps is historically known from coastal and lowland 
dry shrubland habitat up to 2,000 ft (610 m) in numerous locations on 
the islands of Maui, Lanai, Molokai, and Oahu. Perkins (1899, p. 98) 
noted H. longiceps was locally abundant, and probably occurred 
throughout much of the leeward and lowland areas on these islands. 
Hylaeus longiceps is now restricted to small populations in patches of 
coastal and lowland dry habitat on Maui, Lanai, Molokai, and Oahu 
(Magnacca 2005f, p. 2). Twenty-five sites that were either historical 
collecting localities or contained potentially suitable habitat for 
this species were surveyed between 1997 and 2008 (Magnacca and King 
2013, p. 16). Hylaeus longiceps was observed at only six of the 
surveyed sites: three sites on Lanai (in the coastal and lowland dry 
ecosystems) and one site on each of the islands of Maui (in the coastal 
ecosystem), Molokai (in the coastal ecosystem), and Oahu (in the 
coastal ecosystem). Only one of the historical locations surveyed, 
Waieu dunes on Maui, still supports a population of H. longiceps (Daly 
and Magnacca 2003, p. 135).
    Most of the coastal and lowland dry habitat of Hylaeus longiceps 
has been developed or degraded, and is no longer suitable (Liebherr and 
Polhemus 1997, pp.346-347; Magnacca 2007b, pp. 186-188). Habitat 
destruction and modification by axis deer (Lanai) and urbanization 
(Maui and Molokai) leads to fragmentation, and eventual loss, of 
foraging and nesting areas of H. longiceps (Daly and Magnacca 2003, pp. 
217-229). Habitat modification and destruction by human impacts in 
areas accessible by four-wheel drive vehicles on Lanai is a potential 
threat because these vehicles can destroy plants used as food sources 
and destroy ground nesting sites for H. longiceps (Daly and Magnacca 
2003, p. 135). Habitat destruction and modification by nonnative plants 
adversely impacts native Hawaiian plant species used by H. longiceps as 
a food source by modifying the availability of light, altering soil-
water regimes, modifying nutrient cycling, altering the fire 
characteristics, and ultimately converting native-dominated plant 
communities to nonnative plant communities. Nonnative plant species 
that modify and destroy habitat of H. longiceps are noted in the 
descriptions for H. assimulans and H. facilis, above. Fire is a 
potential threat to H. longiceps because it destroys native plant 
communities, and opens habitat for increased invasion by nonnative 
plants. Because of the greater frequency, intensity, and duration of 
fires that have resulted from the human alteration of landscapes and 
the introduction of nonnative plants, especially grasses, fires are now 
more destructive to native Hawaiian ecosystems (Brown and Smith 2000, 
p. 172), and a single grass-fueled fire often kills most native trees 
and shrubs in the area (D'Antonio and Vitousek 1992, p. 74) and could 
destroy food and nesting resources for H. longiceps. The numbers of 
wildfires, and the acreages involved, are increasing in the main 
Hawaiian Islands; however, their occurrences and locations are 
unpredictable, and could affect habitat for yellow-faced bees at any 
time (Gima 1998, in litt.; County of Maui 2009, ch. 3, p. 3; Hamilton 
2009, in litt.; Honolulu Advertiser 2010, in litt.; Pacific Disaster 
Center 2011, in litt.). Random, naturally occurring events such as 
hurricanes and drought can modify and destroy habitat of H. longiceps 
by creating disturbed areas conducive to invasion by nonnative plants 
(Kitayama and Mueller-Dombois 1995, p. 671; Businger 1998, pp. 1-2). 
Predation, and competition for food sources, by nonnative ants and the 
nonnative western yellow jacket wasp is a threat to H. longiceps (see 
H. kuakea, above) (Gambino et al. 1987, p. 169; Howarth 1985, p. 155; 
Hopper et al. 1996, p. 9; Holway et al. 2002, pp. 188, 209; Daly and 
Magnacca 2003, p. 9; Lach 2008, p. 155). Existing regulatory mechanisms 
and agency policies do not address the primary threats to the yellow-
faced bees and their habitat from nonnative ungulates. Competition with 
nonnative bees (honeybees, carpenter bees, Australian colletid bees) 
for nectar and pollen is a potential threat to H. longiceps (Magnacca 
2007b, p. 188). The small number of populations and individuals of H. 
longiceps makes this species more vulnerable to extinction because of 
the higher risks from genetic bottlenecks, random demographic 
fluctuations, and localized catastrophes such as hurricanes and drought 
(Daly and Magnacca 2003, p. 3; Magnacca 2007b, p. 173). Changes in 
precipitation resulting from the effects of climate change may degrade 
habitat for all Hylaeus species; however, we are unable to determine 
the extent of these negative impacts at this time. Because of these 
threats, we find that Hylaeus longiceps should be listed throughout all 
of its range, and, therefore, we find that it is unnecessary to analyze 
whether it is endangered or threatened in a significant portion of its 
range.
Yellow-faced bee (Hylaeus mana)
    Hylaeus mana is an extremely small, gracile (gracefully slender) 
black bee with yellow markings on the face. The smallest of all 
Hawaiian Hylaeus species, H. mana is a member of the Dumetorum species 
group. The face of the male is mostly yellow below the antennae, 
extending dorsally in a narrowing stripe. The female's face has three 
yellow lines: one against each eye and a transverse stripe at the apex 
of the clypeus. The female's outer markings are the same as the male's 
(Daly and Magnacca 2003, p. 135). Hylaeus mana

[[Page 58856]]

can be distinguished from H. mimicus and H. specularis (species with 
overlapping ranges) by its extremely small size, the shape of the 
male's genitalia, the female's extensive facial marks, and a transverse 
rather than longitudinal clypeal marking (Daly and Magnacca 2003, p. 
138). Hylaeus mana was first described by Daly and Magnacca (2003, pp. 
135-136), from four specimens collected in 2002, on the leeward side of 
the Koolau Mountains on Oahu, and is the most currently accepted 
taxonomy.
    The nesting habits of H. mana are not well known, but it is assumed 
the species is closely related to other wood-nesting Hawaiian Hylaeus 
species, and uses an available cavity (stems of coastal shrubs) for 
nest construction (Magnacca 2005g, p. 2; Magnacca and Danforth 2006, p. 
403). Adult specimens of H. mana were collected while they visited 
flowers of the native plants Psychotria spp. and Santalum 
freycinetianum var. freycinetianum (iliahi, sandalwood) (Wagner et al. 
1999, p. 1221). It is likely H. mana visits several other native plant 
species including Acacia koa, Metrosideros polymorpha, Leptecophylla 
tameiameiae, Scaevola spp., and Chamaesyce spp. (Magnacca 2005g, p. 2).
    Hylaeus mana is known only from lowland mesic forest dominated by 
native Acacia koa located along the Manana Trail in the Koolau 
Mountains of Oahu, at 1,400 ft (430 m). Few other Hylaeus species have 
been found in this type of forest on Oahu (Daly and Magnacca 2003, p. 
138). This type of native forest is increasingly rare and patchily 
distributed because of competition and encroachment into habitat by 
nonnative plants (Smith 1985, pp. 227-233; Juvik and Juvik 1998, p. 
124; Wagner et al. 1999, pp. 66-67, 75). Decline of this forest type 
could lead to decline in populations and numbers of H. mana. Three 
additional population sites were discovered on Oahu in 2012, including 
a new observation of the species at the Manana Trail site (Magnacca and 
King 2013, pp. 17-18). The three new sites are within a narrow range of 
lowland mesic forest at 1,400 ft (430 m), bordered by nonnative plant 
habitat at lower elevations and wetter native forest habitat above 
(Magnacca and King 2013, pp. 17-18). Hylaeus mana was most often 
observed on Santalum freycinetianum var. freycinetianum, which suggests 
that H. mana may be closely associated with this plant species 
(Magnacca and King 2013, p. 18). Additional surveys may reveal more 
populations; however, the extreme rarity of this species, its absence 
from many survey sites, the fact that it was not discovered until very 
recently, and the limited range of its possible host plant, all suggest 
that few populations remain (Magnacca 2005g, p. 2; Magnacca and King 
2013, pp. 17-18).
    Habitat destruction and modification by feral pigs leads to 
fragmentation, and eventual loss, of foraging and nesting areas of H. 
mana (Daly and Magnacca 2003, pp. 217-229). Habitat destruction and 
modification by nonnative plants adversely impacts native Hawaiian 
plant species used by H. mana as a food source by modifying the 
availability of light, altering soil-water regimes, modifying nutrient 
cycling, altering the fire characteristics, and ultimately converting 
native dominated plant communities to nonnative plant communities. 
Nonnative plant species that modify and destroy habitat of H. mana are 
noted in the descriptions for H. assimulans and H. facilis, above, and 
can outcompete native canopy species such as A. koa, the known 
preferred native canopy type of H. mana (GISD 2011, in litt.; State of 
Hawaii 2013, in litt. (S.C.R. No. 74)). Fire is a potential threat to 
H. mana, as it destroys native plant communities on which the species 
depends, and opens habitat for increased invasion by nonnative plants. 
Because of the greater frequency, intensity, and duration of fires that 
have resulted from the human alteration of landscapes and the 
introduction of nonnative plants, especially grasses, fires are now 
more destructive to native Hawaiian ecosystems (Brown and Smith 2000, 
p. 172), and a single grass-fueled fire often kills most native trees 
and shrubs in the area (D'Antonio and Vitousek 1992, p. 74) and could 
destroy food and nesting resources for H. assimulans. The numbers of 
wildfires, and the acreages involved, are increasing in the main 
Hawaiian Islands; however, their occurrences and locations are 
unpredictable, and could affect habitat for yellow-faced bees at any 
time (Gima 1998, in litt.; County of Maui 2009, ch. 3, p. 3; Hamilton 
2009, in litt.; Honolulu Advertiser 2010, in litt.; Pacific Disaster 
Center 2011, in litt.). Random, naturally occurring events such as 
hurricanes and drought can modify and destroy habitat of H. mana by 
creating disturbed areas conducive to invasion by nonnative plants 
(Kitayama and Mueller-Dombois 1995, p. 671; Businger 1998, pp. 1-2). 
Predation and competition for food sources by nonnative ants and the 
nonnative western yellow jacket wasp are threats to H. mana (see H. 
kuakea, above) (Gambino et al. 1987, p. 169; Howarth 1985, p. 155; 
Hopper et al. 1996, p. 9; Holway et al. 2002, pp. 188, 209; Daly and 
Magnacca 2003, p. 9; Lach 2008, p. 155). Existing regulatory mechanisms 
and agency policies do not address the primary threats to the yellow-
faced bees and their habitat from nonnative ungulates. Competition with 
nonnative bees (honeybees, carpenter bees, Australian colletid bees) 
for nectar and pollen is a potential threat to H. mana (Magnacca 2007b, 
p. 188). The small number of populations and individuals of H. mana 
makes this species more vulnerable to extinction because of the higher 
risks from genetic bottlenecks, random demographic fluctuations, and 
localized catastrophes such as fire, hurricanes, and drought (Daly and 
Magnacca 2003, p. 3; Magnacca 2007b, p. 173). Changes in precipitation 
resulting from the effects of climate change may degrade habitat for 
all Hylaeus species; however, we are unable to determine the extent of 
these negative impacts at this time. Because of these threats, we find 
that Hylaeus mana should be listed throughout all of its range, and, 
therefore, we find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
Orangeblack Hawaiian damselfly (Megalagrion xanthomelas)
    The orangeblack Hawaiian damselfly (Megalagrion xanthomelas; family 
Coenagrionidae) is small in size. The adults measure from 1.3 to 1.5 in 
(33 to 37 mm) in length and have a wingspan of 1.4 to 1.6 in (35 to 40 
mm). Males are bright red in color, females are pale tan in color, and 
both sexes exhibit strong patterns including striping. Naiads (the 
immature aquatic stage) of this species exhibit flattened, leaf-like 
gills (Asquith and Polhemus 1996, p. 91). The orangeblack Hawaiian 
damselfly was first described by Selys-Longchamps (1876).
    Habitat for this species is standing or very slow-moving water. The 
naiads are active swimmers and rest on exposed areas of the bottom on 
submerged vegetation (Williams 1936, p. 314). They have been observed 
breeding in garden pools, large reservoirs, pools of an intermittent 
stream, a pond formed behind a cobble bar at the seaward terminus of a 
large stream, coastal springs, and freshwater marshes (Polhemus 1996, 
pp. 36, 42-45; Williams 1936, pp. 239, 310). In 1913, Perkins (p. 
clxxviii) described it as a common insect in Honolulu gardens and in 
lowland districts generally, not usually partial to the mountains, 
though in the Kona district of Hawaii Island it was common in stagnant 
pools up to elevations of about 3,000 ft (900 m).

[[Page 58857]]

    The orangeblack Hawaiian damselfly was once Hawaii's most abundant 
damselfly species because it utilizes a variety of aquatic habitats for 
breeding sites. Historically, the orangeblack Hawaiian damselfly 
probably occurred on all of the main Hawaiian Islands (except 
Kahoolawe) in suitable aquatic habitat within the coastal, lowland dry, 
and lowland mesic ecosystems (Perkins 1913, p. clxxviii; Zimmerman 
1948a, p. 379; Polhemus 1996, p. 30). Its historical range on Kauai is 
unknown. On Oahu, it was recorded from Honolulu, Kaimuki, Koko Head, 
Pearl City, Waialua, the Waianae Mountains, and Waianae (Polhemus 1996, 
pp. 31, 33). On Molokai, it was known from Kainalu, Meyer's Lake 
(Kalaupapa Peninsula), Kaunakakai, Mapulehu, and Palaau (Polhemus 1996, 
pp. 33-41). On Lanai, small populations occurred on Maunalei Gulch, and 
in ephemeral coastal ponds at the mouth of Maunalei Gulch drainage, at 
Keomuku, and in a mixohaline habitat at Lopa (Polhemus 1996, pp. 37-41; 
HBMP 2010). On Maui, this species was recorded from an unspecified 
locality in the west Maui Mountains (Polhemus 1996, pp. 41-42; Polhemus 
et al. 1999, pp. 27-29). On Hawaii Island, it was known from Hilo, 
Kona, Naalehu, and Panaewa Forest Reserve (FR) (Polhemus 1996, pp. 42-
47).
    Currently, the orangeblack Hawaiian damselfly occurs on five 
islands. In 1994, on Oahu, a very small population was discovered in 
pools of an intermittent stream at the Tripler Army Medical Facility 
(Englund 2001, p. 256). On Molokai, populations occur at the mouths of 
Pelekunu and Waikolu streams, and at the Palaau wetlands on the south 
coast (Polhemus 1996, p. 47). On Lanai, a large population occurs in an 
artificial pond at Koele (Polhemus 1996, p. 47). The species is present 
on Maui at Ukumehame stream (west Maui) and near anchialine pools at La 
Perouse Bay (leeward east Maui) (Polhemus et al. 1999, p. 29). Several 
large populations exist in coastal wetlands on Hawaii Island at the 
following locations: Anaehoomalu Bay, Kawa Bay, Hilea Stream, Hilo, 
Honokohau, Kiholo Bay, Ninole Springs, Onomea Bay, Whittington Beach, 
Keaukaha, Kapoho, Honaunau, and Pohue Bay (Polhemus 1996, pp. 42-47). 
The species is believed to be extirpated from Kauai (Asquith and 
Polhemus 1996, p. 91).
    Past and present land use and water management practices, including 
agriculture, urban development, ground water development, feral 
ungulates, and destruction of perched aquifer and surface water 
resources, modify and destroy habitat of the orangeblack Hawaiian 
damselfly (Harris et al. 1993, pp. 9-13; Meier et al. 1993, pp. 181-
183). Nonnative plant species such as Brachiaria mutica (California 
grass) form dense, monotypic stands that can completely eliminate any 
open water habitat of the orangeblack Hawaiian damselfly, and nonnative 
grasses provide fuel for wildfires (Smith 1985, p. 186). Other 
stochastic events such as flooding and hurricanes can also modify and 
destroy habitat, and kill individuals. Predation by nonnative fish and 
nonnative aquatic invertebrates on the orangeblack Hawaiian damselfly 
is a significant threat. Hawaiian damselflies evolved with few, if any, 
predatory fish and the exposed behavior of most of the fully aquatic 
damselfly species, including the orangeblack Hawaiian damselfly, makes 
them particularly vulnerable to predation by nonnative fish (Englund 
1999, pp. 225-225, 235). The damselfly is not observed in any bodies of 
water that support nonnative fish (Henrickson 1988, p. 183; McPeek 
1990a, pp. 92-96). Nonnative backswimmers (aquatic true bugs; 
Heteroptera) are voracious predators and frequently feed on prey much 
larger than themselves, such as tadpoles, small fish, and other aquatic 
invertebrates including damselfly naiads (Borror et al. 1989, p. 296). 
Several species of backswimmers have become established in Hawaii, and 
their presence in aquatic habitat can cause orangeblack Hawaiian 
damselflies to reduce foraging, thereby reducing its growth, 
development, and survival (Heads 1986, pp. 374-375). Hawaii State law 
(State Water Code) does not provide for permanent or minimal instream 
flow standards, and stream channels can be undertaken at any time by 
the Water Commission or via public petitions to revise flow standards 
or modify stream channels, possibly resulting in modification and 
destruction of the aquatic habitat of the orangeblack Hawaiian 
damselfly (Hawaii Administrative Rule (HAR)-State Water Code, title 13, 
chapter 169-36). In addition, competition with nonnative invertebrates 
for space and resources by a nonnative insect group, the Trichoptera 
(caddisflies), is a potential threat to the orangeblack Hawaiian 
damselfly (Flint et al. 2003, p. 38).
    The remaining populations and habitat of the orangeblack Hawaiian 
damselfly are at risk; numbers are decreasing on Oahu, Molokai, Lanai, 
Maui, and Hawaii Island, and both the species and its habitat continue 
to be negatively affected by modification and destruction by 
development and water management practices and by nonnative plants, 
combined with predation by nonnative fish and nonnative invertebrates. 
Competition with nonnative insects is a potential threat to the 
orangeblack Hawaiian damselfly. Because of these threats, we find that 
this species should be listed throughout all of its range, and, 
therefore, we find that it is unnecessary to analyze whether it is 
endangered or threatened in a significant portion of its range.
Anchialine Pool Shrimp (Procaris hawaiana)
    The anchialine pool shrimp Procaris hawaiana (family Procarididae) 
ranges in total length from 0.4 to 1.2 in (10 to 30 mm). This species 
has a pink to light-red pigmentation that is darkest along the midline 
with the dorsal thorax white to yellow. Black pigments are associated 
with the eyes. Conspicuous chelapeds (claws) are lacking. Locomotion is 
accomplished by swimming with the swimmerets (modified appendages) and 
occurs just above the substrate to mid-water (Holthius 1973, pp. 12-
19). Procaris hawaiana was described by Holthius in 1973, and is 
recognized as a valid taxon in McLaughlin et al. (2005, p. 212), the 
most recently accepted taxonomy.
    Procaris hawaiana is known to occur in mid-salinity (19 to 25 parts 
per thousand (ppt)) anchialine pools. Except for some records of native 
eels, anchialine pools in Hawaii do not typically support native fish 
species; however, nonnative fish have been introduced to pools, and 
they prey on native invertebrates such as P. hawaiana (Bailey-Brock and 
Brock 1993, p. 354; Brock 2004, p. i). Little is known of the 
reproductive biology or the diet of P. hawaiana, although it has been 
documented to scavenge other species of anchialine shrimp and has taken 
frozen brine shrimp when in captivity (Holthius 1973, pp. 12-19).
    Although anchialine pools are widespread, being found in areas such 
as Saudi Arabia, Madagascar, Fiji, and other Indo-Pacific islands, the 
total area they occupy globally is extremely small (Maciolek 1983, pp. 
607-612). While many species of anchialine pool shrimp have disjunct, 
global distributions, most geographic locations contain some endemic 
taxa (i.e., taxa found nowhere else on Earth) (Maciolek 1983, pp. 607-
612). The shrimp family Procarididae is represented by a small number 
of species globally, with only two species within the genus Procaris 
(Holthius 1973, pp. 12-19). Procaris hawaiana is an endemic species 
known only from the islands of Maui and Hawaii. The second species, P. 
ascensionis, is restricted to similar habitat on

[[Page 58858]]

Ascension Island in the South Atlantic Ocean. Of the anchialine pools 
on Hawaii Island, only 25 are known to contain Procaris hawaiana. 
During nocturnal-diurnal surveys conducted from 2009 to 2010, 19 pools 
within the Manuka Natural Area Reserve (NAR) were found to contain P. 
hawaiana. Five additional pools located on unencumbered State land 
adjacent to Manuka NAR also contained P. hawaiana (from the total 24 
recorded pools within the Manuka watershed). A single pool located at 
Lua o Palahemo also contains P. hawaiana, along with the endangered 
anchialine pool shrimp Vetericaris chaceorum (Holthius 1973, pp. 12-19; 
Maciolek 1983, pp. 607-614; Brock 204, pp. 30-57). On Maui, P. hawaiana 
occurs in two anchialine pools at Ahihi-Kinau NAR (Holthius 1973, pp. 
12-19; Maciolek 1983, pp. 607-614; Brock 2004, pp. 30-57).
    Like other anchialine pool shrimp species, P. hawaiana inhabits 
extensive networks of water-filled interstitial spaces (cracks and 
crevices) leading to and from the actual pool, a trait which has 
precluded researchers from ascertaining accurate population size 
estimates (Holthius 1973, p. 36; Maciolek 1983, pp. 613-616). Often, 
surveys for many rare species of anchialine pool shrimp, including P. 
hawaiana, involve a presence-absence survey approach in their 
respective habitat (often with the aid of baiting). Absence, and 
presumably extirpation, of shrimp species from suitable habitat is 
likely the best or only measure of species decline as population sizes 
are not easily determined (Holthius 1973, pp. 7-12; Maciolek 1983, pp. 
613-616). Disappearance of the anchialine pool shrimp Halocaridina 
rubra from an anchialine pool at Honokohau Harbor (Hawaii Island) has 
been documented, as a result of the use of the pool for dumping of used 
oil, grease, and oil filters (Brock 2004, p. 14); however, to date, 
there is no documentation of extirpation of Procaris hawaiana from the 
pools that it is known to occupy (Wada 2015, in litt.).
    Habitat modification and destruction by human activities is a 
threat to Procaris hawaiana. It is estimated that up to 90 percent of 
existing anchialine pools have been destroyed by filling and bulldozing 
(Baily-Brock and Brock 1993, p. 354; Brock 2004, p. i). Anchialine 
pools are used as dumping pits for bottles, cans, and used oil and 
grease, and these activities are a known cause of the disappearance of 
another anchialine pool shrimp, Halocaridina rubra, from a pool 
adjacent to Honokohau Harbor on the island of Hawaii (Brock 2004, p. 
16). Trampling damage from use of anchialine pools for swimming and 
bathing has been documented (Brock 2004, pp. 13-17). Although a permit 
from the State is required to collect anchialine pool shrimp, 
unpermitted collection of shrimp for trade for the aquarium hobby 
market is ongoing (Fuku-Bonsai 2015, in litt.). Collection is not 
prohibited at State Parks or City and County property where some 
anchialine pools occur. Predation by nonnative fish is a direct threat 
to P. hawaiana. Nonnative fish (tilapia, Oreochromis mossambica) also 
outcompete native herbivorous species of shrimp that serve as a prey-
base for P. hawaiana, disrupting the delicate ecological balance in the 
anchialine pool system, and leading to decline of the pools and the 
shrimp inhabiting them (Brock 2004, pp. 13-17). Although anchialine 
pools within State NARs are provided some protection, these areas are 
remote and signage does not prevent human use and damage of the pools. 
The persistence of existing populations of P. hawaiana is hampered by 
the small number of extant populations and the small geographic range 
of the known populations. The small populations of P. hawaiana are at 
risk of extinction because of their increased vulnerability to loss of 
individuals from chance occurrences, habitat destruction, and the 
effects of invasive species; to demographic stochasticity; and to the 
reduction in genetic variability that may make the species less able to 
adapt to changes in the environment (Harmon and Braude 2010, pp. 125-
128). In addition, large-scale water extraction from underground water 
sources may negatively impact the habitat and P. hawaiana directly 
(Conry 2012, in litt.).
    The remaining populations of Procaris hawaiana and its habitat are 
at risk. The known individuals are restricted to a small area number of 
anchialine pools on Maui and Hawaii Island and continue to be 
negatively affected by habitat destruction and modification by human 
use of the pools for bathing and for dumping of trash and nonnative 
fish; by water extraction; by predation by and competition with 
nonnative fish; and by collection for the aquarium trade. The small 
number of remaining populations may limit this species' ability to 
adapt to environmental changes. Because of these threats, we find that 
this species should be listed as endangered throughout all of its 
range, and, therefore, we find that it is unnecessary to analyze 
whether it is threatened or endangered or threatened in a significant 
portion of its range.

Distinct Population Segment

Band-Rumped Storm-Petrel (Oceanodroma castro)

    Under the Act, we have the authority to consider for listing any 
species, subspecies, or, for vertebrates, any distinct population 
segment (DPS) of these taxa if there is sufficient information to 
indicate that such action may be warranted. To guide the implementation 
of the DPS provisions of the Act, we and the National Marine Fisheries 
Service (National Oceanic and Atmospheric Administration--Fisheries) 
published the Policy Regarding the Recognition of Distinct Vertebrate 
Population Segments Under the Endangered Species Act (DPS Policy) in 
the Federal Register on February 7, 1996 (61 FR 4722) to guide the 
implementation of the DPS provisions of the Act. Under our DPS Policy, 
we use two elements to assess whether a population segment under 
consideration for listing may be recognized as a DPS: (1) The 
population segment's discreteness from the remainder of the species to 
which it belongs, and (2) the significance of the population segment to 
the species to which it belongs. If we determine that a population 
segment being considered for listing is a DPS, then the population 
segment's conservation status is evaluated based on the five listing 
factors established by the Act to determine if listing it as either 
endangered or threatened is warranted. Below, we evaluate the Hawaii 
population of the band-rumped storm-petrel to determine whether it 
meets the definition of a DPS under our DPS Policy.

Discreteness

    Under the DPS Policy, a population segment of a vertebrate taxon 
may be considered discrete if it satisfies either one of the following 
conditions: (1) It is markedly separated from other populations of the 
same taxon as a consequence of physical, physiological, ecological, or 
behavioral factors (quantitative measures of genetic or morphological 
discontinuity may provide evidence of this separation); or (2) it is 
delimited by international governmental boundaries within which 
differences in control of exploitation, management of habitat, 
conservation status, or regulatory mechanisms exist that are 
significant in light of section 4(a)(1)(D) of the Act. The Hawaii 
population of the band-rumped storm-petrel meets the first criterion: 
it is markedly separated from other populations of this species by 
physical

[[Page 58859]]

(geographic) and physiological (genetic) factors, as described below.
    The band-rumped storm-petrel is widely distributed in the tropics 
and subtropics, with breeding populations in numerous island groups in 
the Atlantic and in Hawaii, Galapagos, and Japan in the Pacific 
(Harrison 1983, p. 274; Carboneras et al. 2014, p. 1; Fig. 1). The 
geographic, and in some cases seasonal, separation of these breeding 
populations is widely recognized, with strong genetic differentiation 
between the two ocean basins and among individual populations (Friesen 
et al. 2007b, p. 1768; Smith et al. 2007, p. 768). Whether individual 
populations merit taxonomic separation remains unclear, and further 
study is needed (Friesen et al. 2007a, p. 18591; Smith et al. 2007, p. 
770; reviewed in Howell 2011, pp. 349, 369-370); some populations, such 
as those in the Galapagos and Cape Verde islands, may warrant full 
species status (Smith et al. 2007, p. 770). Like other storm-petrels, 
the band-rumped storm-petrel is a highly pelagic (open-ocean) seabird 
(Howell 2011, p. 349). In addition, like other species in the seabird 
order Procellariiformes, band-rumped storm-petrels exhibit strong 
philopatry, or fidelity to their natal sites (Allan 1962, p. 274; 
Harris 1969, pp. 96, 113, 120; Harrison et al. 1990, p. 49; Smith et 
al. 2007, pp. 768-769). Both of these characteristics contribute to 
isolation of breeding populations, in spite of the absence of physical 
barriers such as land masses within ocean basins (Friesen et al. 2007b, 
pp. 1777-1778).
    Band-rumped storm-petrels from Hawaii are likely to encounter 
individuals from other populations only very rarely. The approximate 
distances from Hawaii to other known breeding sites are much greater 
than the birds' average foraging range of 860 mi (1,200 km): 4,000mi 
(6,600 km) to Japan and 4,600 mi (7,400 km) to Galapagos (the two other 
Pacific populations), and 7,900 mi (12,700 km) to Madeira, 7,300 mi 
(11,700 km) to the Azores, and 9,700 mi (15,600 km) to Ascension Island 
(in the Atlantic). Data from at-sea surveys of the eastern tropical 
Pacific conducted since 1988 show that the density of band-rumped 
storm-petrels attenuates north and northwest of Galapagos and that the 
species rarely occurs in a broad area southeast of Hawaii (Pitman, 
Ballance, and Joyce 2015, unpublished). This pattern suggests a gap in 
the at-sea distribution of this species, and low likelihood of 
immigration on an ecological timescale, between Hawaii and Galapagos. 
We are not aware of any data describing the at-sea distribution of this 
species between Hawaii and Japan, but the absence of breeding records 
from western Micronesia (Pyle and Engbring 1985, p. 59) suggests there 
is a distributional gap between these two archipelagoes as well. Other 
than occasional encounters in their foraging habitat, the vast expanses 
of ocean between Japan, Hawaii, and Galapagos provide for no other 
sources of potential connectivity between band-rumped storm-petrel 
populations in the Pacific, such as additional breeding sites.
    Even those disparate breeding populations of pelagic seabirds that 
do overlap at sea may remain largely isolated otherwise and exhibit 
genetic differentiation (e.g., Walsh and Edwards 2005, pp. 290, 293). 
Despite the birds' capacity to move across large areas of ocean, 
genetic differentiation among breeding populations of band-rumped 
storm-petrels is high (Friesen et al. 2007a, p. 18590; Smith et al. 
2007, p. 768), even between populations nesting in different seasons on 
the same island (in Galapagos; Smith and Friesen 2007, p. 1599). No 
haplotypes are shared (1) Between Atlantic and Pacific populations; (2) 
among Japan, Hawaii, and Galapagos populations; or (3) between Cape 
Verde, Ascension, and northeast Atlantic breeding populations (Smith et 
al. 2007, p. 768). Hawaiian birds have not been well-sampled for 
genetic analysis, but the few individuals from Hawaii included in a 
rangewide analysis showed differentiation from all other populations, 
and were most closely related to birds from Japan (Friesen et al. 2007, 
p. 18590).
    We have determined that the Hawaii population of the band-rumped 
storm-petrel is discrete from the rest of the taxon because its 
breeding and foraging range are markedly separated from those of other 
populations. The Hawaii population is geographically isolated from 
populations in Japan and Galapagos, as well as from populations in very 
distant island groups in the central and western Atlantic Ocean. 
Molecular evidence indicates that the genetic structure of the species 
reflects the spatial or temporal separation of individual populations; 
the scant molecular data from Hawaii suggest that this holds for the 
Hawaii population as well.

Significance

    Under our DPS Policy, once we have determined that a population 
segment is discrete, we consider its biological and ecological 
significance to the larger taxon to which it belongs. This 
consideration may include, but is not limited to: (1) Evidence of the 
persistence of the discrete population segment in an ecological setting 
that is unusual or unique for the taxon, (2) evidence that loss of the 
population segment would result in a significant gap in the range of 
the taxon, (3) evidence that the population segment represents the only 
surviving natural occurrence of a taxon that may be more abundant 
elsewhere as an introduced population outside its historical range, or 
(4) evidence that the discrete population segment differs markedly from 
other populations of the species in its genetic characteristics. We 
have found substantial evidence that the Hawaii population of the band-
rumped storm-petrel meets two of the significance criteria listed 
above: the loss of this population would result in a significant gap in 
the range of the taxon, and this population persists in a unique 
ecological setting. As described above, the physical isolation that 
defines the discreteness of Hawaii population is likely reflected in 
genetic differentiation from other populations, but at this time we 
lack sufficient data to consider genetic characteristics per se in our 
determination of the Hawaii population's significance to the rest of 
the taxon. Genetic patterns on an ocean-basin or species-wide scale, 
however, have implications for connectivity and potential gaps in the 
band-rumped storm-petrel's range (described below).
    Dispersal between populations of seabird species with ranges 
fragmented by large expanses of ocean may play a vital role in the 
persistence of individual populations (Bicknell et al. 2012, p. 2872). 
No evidence currently exists of such dispersal among Pacific 
populations of band-rumped storm-petrels at frequencies or in numbers 
that would change the population status between years, for example, by 
providing immigrants that compensate for breeding failure or adult 
mortality resulting from predation, as has been hypothesized for 
Leach's storm-petrel in the Atlantic (Bicknell et al. 2012, p. 2872). 
Given the remnant population of band-rumped storm-petrels in Hawaii and 
recently documented decline in Japan (Biodiversity Center of Japan 
2014, p. 1), we would not expect to see exchange on such short 
timescales. However, genetic evidence is suggestive of exchange between 
these two populations on an evolutionary timescale (Friesen et al. 
2007a, p. 18590).
    The loss of this population would result in a significant gap in 
the range of the band-rumped storm-petrel. As noted above, seabirds in 
the order Procellariiformes, including the band-rumped storm-petrel, 
exhibit very high natal site fidelity, and so are slow to recolonize 
extirpated areas or range-

[[Page 58860]]

gaps (Jones 2010, p. 1214), and may lack local adaptations; they thus 
face a potentially increased risk of extinction with the loss of 
individual populations (Smith et al. 2007, p. 770). The Hawaii 
population of the band-rumped storm petrel constitutes the entire 
Central Pacific distribution of the species, located roughly half-way 
between the populations in Galapagos and Japan (Fig. 1), and its loss 
would create a gap of approximately 8,500 mi. (13,680 km) between them 
and significantly reducing the likelihood of connectivity and genetic 
exchange. Such exchange would be reliant on chance occurrences, such as 
severe storms that could result in birds being displaced to the 
opposite side of the Pacific Ocean basin, and such chance dispersal 
events would not necessarily result in breeding.
    The Hawaii population of the band-rumped storm-petrel is 
significant also because it persists in a unique ecological setting. 
This is the only population of the species known to nest at high-
elevation sites (above 6,000 ft (1,800 m; Banko et al. 1991, pp. 651-
653; Athens et al. 1991, p. 95)). In prehistory, the species likely 
nested in lowland habitats and more accessible habitats in Hawaii as 
well as in the high-elevation and otherwise remote areas where the 
species is found today; archaeological evidence suggests that band-
rumped storm-petrels were once sufficiently common at both high (5,260 
and 6,550 ft (1,600 and 2,000 m)) and low elevations on Hawaii Island 
to be used as a food source by humans (Ziegler pers. comm. in Harrison 
et al. 1990, pp. 47-48; Athens et al. 1991, pp. 65, 78-80; Banko et al. 
1991, p. 650). In lowland areas, the species was common enough for the 
Hawaiians to name it and to identify it by its call (Harrison et al. 
1990, p. 47; Banko et al. 1991, p. 650). In addition to the impacts of 
harvest by humans in prehistory, seabirds in Hawaii, including the 
band-rumped storm-petrel, were negatively affected by the proliferation 
of nonnative predators such as rats and pigs, and, later, cats and 
mongoose, and by loss of habitat (reviewed in Duffy 2010, pp. 194-196). 
Predation and habitat loss combined likely led to the extirpation of 
the band-rumped storm-petrel from coastal and lowland habitats and 
other accessible nesting areas, as occurred in the endangered Hawaiian 
petrel (Pterodroma sandwichensis) and threatened Newell's shearwater, 
which have similar nesting habits and life histories (Olson and James 
1982, p. 43; Slotterback 2002, p. 6; Troy et al. 2014, pp. 315, 325-
326). The band-rumped storm-petrel's persistence in sites such as the 
Southwest Rift Zone (6,900 ft (2,100 m)) on Mauna Loa (Hawaii Island) 
has required them to surmount physiological challenges posed by nesting 
in high-elevation conditions (cold temperatures, low humidity, and less 
oxygen). They may possess special adaptations for this, such as 
reduction in porosity and other eggshell modifications to reduce the 
loss of water and carbon dioxide during incubation at high elevation 
(Rahn et al. 1977, p. 3097; Carey et al. 1982a, p. 716; Carey et al. 
1982b, p. 349). In sum, the remnant distribution of band-rumped storm-
petrel breeding sites in only the most remote and rugged terrain in 
Hawaii reflects conditions necessary for the species' persistence: 
relatively undisturbed habitat in areas least accessible to predators; 
in addition, adaptations unique in this species may be necessary for 
its persistence in high-elevation areas.
    We have determined that the Hawaii population of band-rumped storm-
petrel is significant to the rest of the taxon. Its loss would result 
in a gap in the range of the species of more than 8,500 mi (13,680 km), 
reducing and potentially precluding connectivity between the two 
remaining populations in the Pacific Basin. In addition, the Hawaii 
population nests at high elevation on some islands, constituting a 
unique ecological setting represented nowhere else in the species' 
breeding range.

DPS Conclusion

    We have evaluated the Hawaii population of band-rumped storm-petrel 
to determine if it meets the definition of a DPS, considering its 
discreteness and significance as required by our policy. We have found 
that this population is markedly separated from other populations by 
geographic distance, and this separation is likely reflected in the 
population's genetic distinctiveness. The Hawaii population is 
significant to the rest of the species because its loss would result in 
a significant gap in the species' range; Hawaii is located roughly 
half-way between the other two populations in the Pacific Ocean, and 
little or no evidence exists of current overlap at sea between the 
Hawaii population and either the Japan or Galapagos populations. The 
Hawaii population of band-rumped storm-petrel also nests at high 
elevation in Hawaii--conditions at high elevation constitute an 
ecological setting unique to the species. We conclude that the Hawaii 
population of band-rumped storm-petrel is a distinct vertebrate 
population segment under our 1996 DPS Policy (61 FR 4722), and that it 
warrants review for listing under the Act. Therefore, we have 
incorporated the Hawaii DPS of the band-rumped storm-petrel in our 
evaluation of threats stressors affecting the other 48 species 
addressed in this proposed rule (summarized above; see also ``Summary 
of Factors Affecting the 49 Species Proposed for Listing,'' below).
BILLING CODE 4310-55-P

[[Page 58861]]

[GRAPHIC] [TIFF OMITTED] TP30SE15.001

BILLING CODE 4310-55-C

Summary of Factors Affecting the 49 Species Proposed for Listing

    Section 4 of the Act (16 U.S.C. 1533), and its implementing 
regulations at 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 mere exposure of the species to the factor to 
evaluate whether the species responds to the 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 an endangered or threatened species as those terms 
are defined by 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 an endangered or threatened species under the Act. That 
evidence is discussed below for each of the species proposed for 
listing in this rule.
    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 49 species proposed for listing in this

[[Page 58862]]

document are summarized in Table 3, and discussed in detail, below.
    Each of the species proposed for listing in this proposed rule is 
adversely affected by the threats to the ecosystems on which it 
depends. There is information available on many of the threats that act 
on Hawaiian ecosystems, and for some ecosystems, there is a growing 
body of literature regarding these threats (e.g., nonnative ungulates 
and invasive plant species). The best available information on 
ecosystem threats affecting the species therein is discussed below. 
Table 3 identifies the threats to the ecosystems and the individual 
species within those ecosystems that are affected by those threats. 
Information on threats specific to certain species is also discussed 
where necessary and available; however, we acknowledge that we do not 
completely understand all the threats to each species. Scientific 
research directed toward each of these species is limited because of 
their rarity and the generally challenging logistics associated with 
conducting field work in Hawaii (e.g., areas are typically remote, 
difficult to survey in a comprehensive manner, and the target species 
are exceptionally uncommon).
    The following threats affect the species proposed for listing in 
one or more of the ecosystems addressed in this proposed rule:
    (1) Foraging and trampling of native plants by nonnative ungulates, 
including feral pigs, goats, axis deer, black-tailed deer, mouflon, 
sheep, and cattle, which can result in severe erosion of watersheds. 
Foraging and trampling events destabilize soils that support native 
plant communities, bury or damage native plants, have adverse water 
quality effects due to runoff over exposed soils, and can negatively 
affect burrows and nesting areas used by the band-rumped storm-petrel.
    (2) Disturbance of soils by feral pigs from rooting, which can 
create fertile seedbeds for nonnative plants.
    (3) Increased nutrient availability and changes to nutrient cycling 
processes as a result of rooting by pigs in nitrogen-poor soils, which 
facilitates establishment of nonnative plants, as they are more adapted 
to nutrient-rich soils than native plants, and rooting activity creates 
open areas in forests allowing nonnative plants to completely replace 
native stands.
    (4) Ungulate destruction of seeds and seedling of native plants, 
and facilitation of distribution of seeds of nonnative plants, 
promoting conversion of disturbed areas from native to nonnative 
vegetative communities.
    (5) Damage by rat herbivory to plant propagules, seedlings, or 
native trees, which changes forest composition and structure.
    (6) Feeding on or defoliation of native plants by nonnative 
invertebrates (e.g., slugs), which can reduce the geographic ranges of 
eight plant species (Cyanea kauaulaensis, Deparia kaalaana, Labordia 
lorenciana, Phyllostegia brevidens, P. stachyoides, Ranunculus 
mauiensis, Schiedea diffusa ssp. diffusa, and S. pubescens) because of 
damage or removal.
    (7) Competition for food and nesting sites of the Hylaeus yellow-
faced bees by nonnative wasps and bees.
    (8) Predation by nonnative vertebrates such as fish, rats, cats, 
mongoose, and barn owls.
    (9) Predation by nonnative invertebrates such as ants, wasps, and 
backswimmers.
    (10) Water extraction leading to conversion of wetlands and surface 
fresh water resources, and changes to anchialine pools.
    (11) Habitat modification and destruction by ungulates and fires, 
resulting in loss of forage plants used by Hylaeus for nectar and 
pollen.
    (12) Injury and mortality of the band-rumped storm-petrel caused by 
artificial lighting, communication towers, and power lines.
    Each of the above threats is discussed in more detail below, and 
summarized in Table 3.

[[Page 58863]]



                                                                  Table 3--Primary and Potential Future Threats Identified for Each of the 49 Hawaiian Islands Species
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       Factor A                                      Factor B                         Factor C                        Factor D           Factor E
                                                     -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                    Predation/                       Inadequate      Other
            Species                   Ecosystem       Agriculture and                 Non- native                   Stochastic         Over-        Predation/     herbivory by      Predation/       existing     species-     Climate
                                                           urban         Ungulates      plants         Fire           events        utilization    herbivory by      other NN     herbivory by NN    regulatory    specific     change
                                                        development                                                                                  ungulates      vertebrates    invertebrates     mechanisms     threats
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PLANTS:
    Asplenium diellaciniatum...  MM.................  ...............  P, G, BTD...  X...........  ............  ...............  ..............  X.............  ..............  ...............  X............  LN........  Ft.
    Calamagrostis expansa......  MW.................  ...............  P...........  X...........  ............  ...............  ..............  X.............  R.............  ...............  X............  LN........  Ft \FV\.
    Cyanea kauaulaensis........  LW.................  ...............  ............  X...........  ............  L, F...........  ..............  ..............  R.............  S..............  X............  LN, NR....  Ft.
    Cyclosorus boydiae.........  LW, MW.............  WE.............  P...........  X...........  ............  L, F...........  ..............  X.............  ..............  ...............  X............  LN........  Ft \FV\.
    Cyperus neokunthianus......  LW.................  ...............  P...........  X...........  ............  ...............  ..............  ..............  ..............  ...............  X............  LN........  Ft.
    Cyrtandra hematos..........  MW.................  ...............  P, G........  X...........  ............  ...............  ..............  ..............  ..............  ...............  X............  LN, NR....  Ft \FV\.
    Deparia kaalaana...........  LM, LW.............  ...............  P...........  X...........  ............  F, DR..........  ..............  ..............  ..............  S..............  X............  LN........  Ft.
    Dryopteris glabra var.       MW.................  ...............  P...........  X...........  ............  ...............  ..............  ..............  ..............  ...............  X............  LN........  Ft \FV\.
     pusilla.
    Exocarpos menziesii........  LM, MM, MD.........  ...............  G, M, SH....  ............  X...........  ...............  ..............  X.............  ..............  ...............  X............  LN........  Ft \FV\.
    Festuca hawaiiensis........  MD.................  ...............  G, M, SH....  X...........  X...........  F..............  ..............  X.............  ..............  ...............  X............  LN........  Ft \FV\.
    Gardenia remyi.............  LM, LW.............  ...............  P, G, D.....  X...........  ............  L..............  ..............  X.............  R.............  ...............  X............  LN, NR....  Ft \FV\.
    Huperzia stemmermanniae....  MW.................  ...............  P, G, D, C..  ............  ............  DR.............  ..............  X.............  ..............  ...............  X............  LN........  Ft \FV\.
    Hypolepis hawaiiensis var.   MW.................  ...............  ............  X...........  ............  ...............  ..............  ..............  ..............  ...............  X............  LN........  Ft \FV\.
     mauiensis.
    Joinvillea ascendens ssp.    LW, LM, MW, MM.....  ...............  P, G, D.....  ............  X...........  L..............  ..............  X.............  R.............  ...............  X............  LN, NR....  Ft \FV\.
     ascendens.
    Kadua fluviatilis..........  LM, LW.............  ...............  P, G........  X...........  ............  L..............  ..............  X.............  ..............  ...............  X............  LN........  Ft \FV\.
    Kadua haupuensis...........  LM.................  ...............  P...........  X...........  ............  L..............  ..............  ..............  R.............  ...............  X............  LN........  Ft.
    Labordia lorenciana........  MM.................  ...............  P, G........  X...........  X...........  L, F, TF.......  ..............  X.............  R.............  S..............  X............  LN, NR....  Ft.
    Lepidium orbiculare........  LM.................  ...............  P...........  X...........  ............  L..............  ..............  ..............  ..............  ...............  X............  LN, NR....  Ft.
    Microlepia strigosa var.     LM, MW, MM.........  ...............  P, G........  X...........  ............  ...............  ..............  X.............  ..............  ...............  X............  LN, HY....  Ft \FV\.
     mauiensis.
    Myrsine fosbergii..........  LM, LW, MW.........  ...............  P, G........  X...........  ............  ...............  ..............  X.............  ..............  ...............  X............  LN........  Ft \FV\.
    Nothocestrum latifolium....  LD, LM, DC.........  X..............  P, G, D,      X...........  X...........  ...............  ..............  X.............  ..............  ...............  X............  LN, NR....  Ft \FV\.
                                                                        BTD, M, SH.
    Ochrosia haleakalae........  LM, LW, MM, DC.....  ...............  P, G, C.....  X...........  X...........  L..............  ..............  X.............  ..............  ...............  X............  LN........  Ft \FV\.
    Phyllostegia brevidens.....  LW, MW, WC.........  ...............  P, M, SH, C.  X...........  ............  L..............  ..............  X.............  ..............  S..............  X............  LN........  Ft \FV\.
    Phyllostegia helleri.......  LW, MW, WC.........  ...............  P, G........  X...........  ............  L..............  ..............  ..............  R.............  ...............  X............  LN........  Ft \FV\.
    Phyllostegia stachyoides...  MW, MM.............  ...............  P, G, D.....  X...........  X...........  L, RF, F, DR...  ..............  X.............  R.............  S..............  X............  LN........  Ft \FV\.
    Portulaca villosa..........  CO, LD, MD.........  X..............  G, D, M, SH,  X...........  X...........  L, RF..........  ..............  X.............  ..............  ...............  X............  LN........  Ft \FV\.
                                                                        C.
    Pritchardia bakeri.........  LM.................  ...............  P...........  X...........  ............  HUR............  ..............  ..............  R.............  ...............  X............  LN........  Ft.
    Pseudognaphalium             CO.................  X..............  G, D........  X...........  ............  L, RF..........  ..............  X.............  ..............  ...............  X............  LN........  Ft \FV\.
     sandwicensium var.
     molokaiense.
    Ranunculus hawaiensis......  MM, MD, SA.........  ...............  P, M, C.....  X...........  ............  DR, E..........  ..............  X.............  R.............  ...............  X............  LN........  Ft \FV\.
    Ranunculus mauiensis.......  MW, MM, MD, WC.....  ...............  P, G, D,      X...........  X...........  L, DR, E.......  ..............  X.............  R.............  S..............  X............  LN........  Ft \FV\.
                                                                        BTD, C.
    Sanicula sandwicensis......  MM, MD, SA.........  ...............  G...........  X...........  X...........  F, DR, E.......  ..............  X.............  R.............  ...............  X............  LN........  Ft \FV\.
    Santalum involutum.........  LM, LW.............  ...............  P, G, BTD...  X...........  X...........  ...............  ..............  X.............  R.............  ...............  X............  LN........  Ft.
    Schiedea diffusa ssp.        LW, MW.............  ...............  P...........  X...........  ............  ...............  ..............  ..............  R.............  S..............  X............  LN........  Ft.
     diffusa.
    Schiedea pubescens.........  LW, MW, MM, WC.....  ...............  P, G, D, C..  X...........  X...........  F, DR, E.......  ..............  X.............  R.............  S..............  X............  LN........  Ft \FV\.
    Sicyos lanceoloideus.......  LM, MM, DC.........  ...............  P, G........  X...........  X...........  DR.............  ..............  X.............  ..............  ...............  X............  LN........  Ft \FV\.
    Sicyos macrophyllus........  MW, MM, MD.........  ...............  P, M, C.....  X...........  X...........  ...............  ..............  X.............  R.............  ...............  X............  LN........  Ft \FV\.
    Solanum nelsonii...........  CO.................  X..............  D, C........  X...........  X...........  F, DR, E.......  ..............  X.............  R.............  ...............  X............  LN........  Ft \FV\.
    Stenogyne kaalae ssp.        LW.................  ...............  P...........  X...........  ............  ...............  ..............  ..............  ..............  ...............  X............  LN........  Ft \FV\.
     sherffii.
    Wikstroemia skottsbergiana.  LW.................  ...............  P...........  X...........  ............  ...............  ..............  ..............  R.............  ...............  X............  LN........  Ft.
ANIMALS:                         ...................  ...............  ............  ............  ............  ...............  ..............  ..............  ..............  ...............  .............  ..........  Ft.
    Band-rumped storm-petrel     CO, DC, WC.........  ...............  G, M........  ............  ............  L, E, HUR......  ..............  ..............  R, O, CA, MO..  ...............  X............  LI, ST, H,  Ft.
     (Oceanodroma castro).                                                                                                                                                                                         LN.
    Orangeblack Hawaiian         AP, CO, LD, LM.....  X, WE..........  P, G, D.....  X...........  X...........  F, DR, HUR.....  ..............  ..............  FS............  BS.............  X............  LN........  Ft.
     damselfly Megalagrion
     xanthomelas.
    Anchialine pool shrimp       AP.................  X, WE..........  ............  ............  ............  ...............  X.............  ..............  FS............  ...............  X............  LN, RU, SD  Ft.
     (Procaris hawaiana).
    Yellow-faced bee (Hylaeus    CO, LD.............  X..............  P, G, C, M,   X...........  X...........  DR, HUR........  ..............  ..............  ..............  A, W...........  X............  LN, W, B,   Ft.
     anthracinus).                                                      S, D.                                                                                                                                      LHP.
    Yellow-faced bee (Hylaeus    CO, LD.............  X..............  P, G, C, M,   X...........  X...........  DR, HUR........  ..............  ..............  ..............  A, W...........  X............  LN, W, B,   Ft.
     assimulans).                                                       D.                                                                                                                                         LHP.
    Yellow-faced bee (Hylaeus    CO, LD, LM.........  X..............  P, G, C, M,   X...........  X...........  DR, HUR........  ..............  ..............  ..............  A, W...........  X............  LN, W, B,   Ft.
     facilis).                                                          D.                                                                                                                                         LHP.
    Yellow-faced bee (Hylaeus    CO, LD.............  X..............  P, G, C, M,   X...........  X...........  DR, HUR........  ..............  ..............  ..............  A, W...........  X............  LN, W, B,   Ft.
     hilaris).                                                          D.                                                                                                                                         LHP.

[[Page 58864]]

 
    Yellow-faced bee (Hylaeus    LM.................  ...............  P, G........  X...........  X...........  DR, HUR........  ..............  ..............  ..............  A, W...........  X............  LN, W, B,   Ft.
     kuakea).                                                                                                                                                                                                      LHP.
    Yellow-faced bee (Hylaeus    CO, LD.............  X..............  M, D........  X...........  X...........  DR, HUR........  ..............  ..............  ..............  A, W...........  X............  LN, W, B,   Ft.
     longiceps).                                                                                                                                                                                                   LHP.
    Yellow-faced bee (Hylaeus    LM.................  ...............  P...........  X...........  X...........  DR, HUR........  ..............  ..............  ..............  A, W...........  X............  LN, W, B,   Ft.
     mana).                                                                                                                                                                                                        LHP.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Factor A = Habitat Modification; Factor B = Overutilization; Factor C = Disease or Predation; Factor D = Inadequacy of Regulatory Mechanisms; Factor E = Other Species-Specific Threats; AP = Anchialine Pools; CO = Coastal; LD =
  Lowland Dry; LM = Lowland Mesic; LW = Lowland Wet; MW = Montane Wet; MM = Montane Mesic; MD = Montane Dry; SA = Subalpine; DC = Dry Cliff; WC = Wet Cliff.
A = Ants; B = Bees (competition); BS = Backswimmer; BTD = Black Tailed Deer; C = Cattle; CA = Cats; D = Axis Deer; FS = Fish; G = Goats; M = Mouflon; MO = Mongoose; O = Barn Owls; P = Pigs; R = Rats; S = Slugs; SH = Sheep; TF = Tree
  Fall; W = Wasps (competiton, predation).
DR = Drought; E = Erosion; F = Flooding; H = Human (fisheries, marine debris); HUR = Hurricanes; HY = Hybridization; L = Landslides; LHP = Loss of Host Plants; LI = Lights; LN = Low Numbers; NR = No Regeneration; RF = Rockfalls; RU
  = Recreational Use (swimming, fishing, dumping trash and nonnative fish); SD = Sedimentation; ST = Structures; WE = Water Extraction; FV = Fortini Vulnerability analysis; Ft = Future threat.


[[Page 58865]]

A. The Present or Threatened Destruction, Modification, or Curtailment 
of Its Habitat or Range

    The Hawaiian Islands are located over 2,000 miles (mi) (3,200 
kilometers (km)) from the nearest continent. This isolation has allowed 
the few plants and animals that arrived by wind, water, or bird, to 
evolve into many highly varied and endemic species. The only native 
terrestrial mammals on the Hawaiian Islands include two bat taxa, the 
Hawaiian hoary bat (Lasiurus cinereus semotus), and an extinct, unnamed 
insectivorous bat (Ziegler 2002, p. 245). The native plants of the 
Hawaiian Islands therefore evolved in the absence of mammalian 
predators, browsers, or grazers, and subsequently, many of the native 
species lost unneeded defenses against threats such as herbivory and 
competition with aggressive, weedy plant species typical of continental 
environments (Loope 1992, p. 11; Gagne and Cuddihy 1999, p. 45; Wagner 
et al. 1999, pp. 3-6). For example, Carlquist (in Carlquist and Cole 
1974, p. 29) notes, ``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 
habitats (e.g., Hawaiian damselflies) or food sources (e.g., Hawaiian 
yellow-faced bees) are particularly vulnerable to changes (from 
nonnative species, hurricanes, fire, and projected climate change) in 
their habitat (Carlquist and Cole 1974, pp. 28-29; Loope 1992, pp. 3-
6).
Habitat Destruction and Modification by Agriculture and Urban 
Development
    Past land use practices such as agriculture or urban development 
have resulted in little or no native vegetation below 2,000 ft (600 m) 
throughout the Hawaiian Islands (TNC 2006), largely impacting the 
anchialine pool, coastal, lowland dry, and lowland mesic ecosystems, 
including streams and wetlands that occur within these areas. Hawaii's 
agricultural industries (e.g., sugar cane, pineapple) have been 
declining in importance, and large tracts of former agricultural lands 
are being converted into residential areas or left fallow (TNC 2006). 
In addition, Hawaii's population has increased almost 10 percent in the 
past 10 years, further increasing demands on limited land and water 
resources in the islands (Hawaii Department of Business, Economic 
Development and Tourism 2013, in litt.).
    Development and urbanization of anchialine pool, coastal, lowland 
dry, and lowland mesic ecosystems on Oahu, Molokai, Maui, Lanai, and 
Hawaii Island are a threat to the following species proposed for 
listing in this rule:
     On Oahu, the plants Nothocestrum latifolium, Portulaca 
villosa, and Pseudognaphalium sandwicensium var. molokaiense, and the 
yellow-faced bees Hylaeus anthracinus, H. assimulans, H. facilis, and 
H. longiceps.
     On Molokai, the plants Portulaca villosa, Pseudognaphalium 
sandwicensium var. molokaiense, and Solanum nelsonii; the orangeblack 
Hawaiian damselfly; and the yellow-faced bees Hylaeus anthracinus, H. 
facilis, H. hilaris, and H. longiceps.
     On Maui, the plants Nothocestrum latifolium, Portulaca 
villosa, and Solanum nelsonii, and the yellow-faced bees Hylaeus 
anthracinus, H. assimulans, H. facilis, H. hilaris, and H. longiceps.
     On Lanai, the plants Nothocestrum latifolium, Portulaca 
villosa, and Pseudognaphalium sandwicensium var. molokaiense; the 
orangeblack Hawaiian damselfly; and the yellow-faced bees Hylaeus 
anthracinus, H. assimulans, H. facilis, H. hilaris, and H. longiceps.
     On Hawaii Island, the orangeblack Hawaiian damselfly and 
the anchialine pool shrimp Procaris hawaiana (Daly and Magnacca 2003, 
pp. 55, 173; FWS Rare Taxon Database 2005, in litt.; HBMP 2007, in 
litt.; Magnacca 2007b, p. 188; IUCN 2007, in litt.; Kallstrom 2008, in 
litt.; MNTF 2010, in litt.; Duvall 2011, in litt.; Magnacca and King 
2013, pp. 22-25).
    Although we are unaware of any comprehensive, site-by-site 
assessment of wetland development in Hawaii (Erikson and Puttock 2006, 
p. 40), Dahl (1990, p. 7) estimated that at least 12 percent of lowland 
to upper-elevation wetlands in Hawaii had been converted to non-wetland 
habitat by the 1980s. If only coastal plain (below 1,000 ft (300 m)) 
marshlands and wetlands are considered, it is estimated that 30 percent 
were developed or converted to agricultural use (Kosaka 1990, in 
litt.). Records show the reduction in area of these marshlands and 
wetlands that provided habitat for many damselfly species, including 
the orangeblack Hawaiian damselfly (Englund 2001, p. 256; Rees and Reed 
2013, Fig 2S). Once modified, these areas then lack the aquatic habitat 
features that the orangeblack Hawaiian damselfly requires for essential 
life-history needs, such as pools of intermittent streams, ponds, and 
coastal springs (Polhemus 1996, pp. 30-31, 36). Although the filling of 
wetlands is regulated by section 404 of the Clean Water Act (33 U.S.C. 
1251 et seq.), the loss of riparian or wetland habitats utilized by the 
orangeblack Hawaiian damselfly may still occur due to Hawaii's 
population growth and development, with concurrent demands on limited 
developable land and water resources. The State's Commission of Water 
Resource Management (CWRM) recognizes the need to update the 2008 water 
resource protection plan, and an update is currently under development 
with a target completion date of 2015 (CWRM 2015, in litt.). In 
addition, marshes have been slowly filled and converted to meadow 
habitat as a result of sedimentation from increased storm water runoff 
from upslope development, the accumulation of uncontrolled growth of 
invasive vegetation, and blockage of downslope drainage (Wilson Okamoto 
& Associates, Inc. 1993, pp. 3-4--3-5). Agriculture and urban 
development have thus contributed to habitat destruction and 
modification, and continue to be a threat to the habitat of the 
orangeblack Hawaiian damselfly.
    On Hawaii Island, it is estimated that up to 90 percent of the 
anchialine pools have been destroyed or altered by human activities, 
including bulldozing and filling of pools (Brock 2004, p. i; Bailey-
Brock and Brock 1993, p. 354). Dumping of trash and nonnative fish has 
impacted anchialine pools on this island (Brock 2004, pp. 13-17) (see 
``E. Other Natural or Manmade Factors Affecting Their Continued 
Existence,'' below). Brock also noted that garbage like bottles and 
cans appear to have no net negative impact, while the dumping of used 
oil, oil filters, and grease has resulted in the disappearance of a 
related anchialine pool shrimp Halocaridina rubra from a pool adjacent 
to Honokohau Harbor on Hawaii Island. Lua O Palahemo (where Procaris 
hawaiana occurs) on Hawaii Island is accessible to the public, and 
dumping has previously occurred there (Brock 2004, pp. 13-17). We are 
not aware of any dumping activities within the two Maui anchialine 
pools known to be occupied by P. hawaiana; however, this threat remains 
a possibility (Brock 2004, pp. 13-17).
    Destruction and modification of Hylaeus habitat by urbanization and 
land use conversion, including agriculture, has lead to the 
fragmentation of foraging and nesting habitat of these species. In 
particular, because native host plant species are known to be essential 
to the yellow-faced bees for foraging of nectar and pollen, any further 
loss of this habitat may reduce their long-term chances for recovery. 
Additionally, further destruction and modification of Hylaeus habitat 
is also likely to facilitate the

[[Page 58866]]

introduction and spread of nonnative plants within these areas (see 
``Habitat Destruction and Modification by Nonnative Plants,'' below).
Habitat Destruction and Modification by Nonnative Ungulates
    Nonnative ungulates have greatly impacted the native vegetation, as 
well as the native fauna, of the Hawaiian Islands. Impacts to the 
native species and ecosystems accelerated following the arrival of 
Captain James Cook in 1778. The Cook expedition and subsequent 
explorers intentionally introduced a European race of pigs (i.e., 
boars) and other livestock such as goats to serve as food sources for 
seagoing explorers (Tomich 1986, pp. 120-121; Loope 1998, p. 752). The 
mild climate of the islands, combined with lack of competitors or 
predators, led to the successful establishment of large populations of 
these mammals, to the detriment of native Hawaiian species and 
ecosystems (Cox 1992, pp. 116-117). The presence of introduced mammals 
is considered one of the primary factors underlying the modification 
and destruction of native vegetation and habitats of the Hawaiian 
Islands (Cox 1992, pp. 118-119). All of the 11 ecosystems on the main 
islands (except Kahoolawe) are currently impacted by habitat 
destruction resulting from the activities of various combinations of 
nonnative ungulates, including pigs (Sus scrofa), goats (Capra hircus), 
axis deer (Axis axis), black-tailed deer (Odocoileus hemionus 
columbianus), sheep (Ovis aries), mouflon (Ovis gmelini musimon) (and 
mouflon-sheep hybrids), and cattle (Bos taurus). Habitat destruction or 
modification by ungulates is a threat to 37 of the 39 plant species, 
the band-rumped storm-petrel, the orangeblack Hawaiian damselfly, and 
the seven yellow-faced bees proposed for listing in this rule (see 
Table 3).
Pigs (Sus Scrofa)
    The destruction or modification of habitat by pigs currently 
affects five of the ecosystems (lowland dry, lowland mesic, lowland 
wet, montane wet, and montane mesic). Feral pigs are known to cause 
deleterious impacts to ecosystem processes and functions throughout 
their worldwide distribution (Campbell and Long 2009, p. 2319). Pigs 
have been described as having the most pervasive and disruptive 
nonnative influences on the unique ecosystems of the Hawaiian Islands 
and are widely recognized as one of the greatest current threats (Aplet 
et al. 1991, p. 56; Anderson and Stone 1993, p. 195; Anderson et al. 
2007, in litt.). Introduced European pigs hybridized with smaller, 
domesticated Polynesian pigs, became feral, and invaded forested areas, 
especially mesic and wet forests, from low to high elevations, and are 
present on all the main Hawaiian Islands except Lanai and Kahoolawe, 
where they have been eradicated (Tomich 1986, pp. 120-121; Munro (1911-
1930) 2006, p. 85). By the early 1900s, feral pigs were already 
recognized as a threat to these areas, and an eradication project was 
conducted by the Hawaii Territorial Board of Agriculture and Forestry, 
which removed 170,000 pigs from forests Statewide (Diong 1982, p. 63).
    Feral 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 
by trampling plants and seedlings. It has been estimated that at a 
conservative rooting rate of 2 square yards (sq yd) (1.7 sq m) per 
minute and only 4 hours of foraging per day, a single pig could disturb 
over 1,600 sq yd (1,340 sq m) (or approximately 0.3 ac (0.1 ha)) of 
groundcover per week (Anderson et al. 2007, in litt.). Feral pigs are a 
major vector for promoting establishment and spread of competing 
invasive nonnative plant species, such as Passiflora tarminiana (banana 
poka) and Psidium cattleianum (strawberry guava), by dispersing seeds 
carried on their hooves and coats and in their feces (which also serve 
to fertilize disturbed soil) (Diong 1982, pp. 169-170; Matson 1990, p. 
245; Siemann et al. 2009, p. 547). Pigs also feed directly on native 
plants such as Hawaiian tree ferns. Pigs preferentially eat the core of 
tree-fern trunks, and these cored trunks then fill with rainwater and 
serve as breeding sites for introduced mosquitoes that spread avian 
malaria, with devastating consequences for Hawaii's native forest birds 
(Baker 1975, p. 79). Additionally, rooting pigs contribute to erosion, 
especially on slopes, by clearing vegetation and creating large areas 
of disturbed soil (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. 120-126; Cuddihy and 
Stone 1990, pp. 64-65; Aplet et al. 1991, p. 56; Loope et al. 1991, pp. 
1-21; Gagne and Cuddihy 1999, p. 52; Nogueira-Filho et al. 2009, pp. 
3677-3682; Dunkell et al. 2011, pp. 175-177). The resulting erosion 
impacts native plant communities by contributing to watershed 
degradation and by alteration of nutrient availability for plants, as 
well as by directly damaging individual plants, and, in addition, 
impacts aquatic animals by contributing to sedimentation in streams and 
pools (Vitousek et al. 2009, pp. 3074-3086; Nogueira-Filho et al. 2009, 
p. 3681; Cuddihy and Stone 1992, p. 667). The following 14 plants 
proposed for listing in this rule are at risk from erosion and 
landslides resulting from the activities of feral pigs: Cylcosorus 
boydiae, Gardenia remyi, Joinvillea ascendens ssp. ascendens, Kadua 
fluviatilis, Kadua haupuensis, Labordia lorenciana, Lepidium 
orbiculare, Ochrosia haleakalae, Phyllostegia brevidens, P. helleri, P. 
stachyoides, Ranunculus hawaiensis, R. mauiensis, and Schiedea 
pubescens. Thirty-one of the 39 plants (all except for Cyanea 
kauaulaensis, Exocarpos menziesii, Festuca hawaiiensis, Hypolepis 
hawaiiensis var. mauiensis, Portulaca villosa, Pseudognaphalium 
sandwicensium var. molokaiense, Sanicula sandwicensis, and Solanum 
nelsonii) proposed for listing in this rule are at risk of habitat 
destruction and modification by feral pigs, and the orangeblack 
Hawaiian damselfly and six of the seven yellow-faced bees (all except 
Hylaeus longiceps) proposed for listing in this rule are at risk of 
habitat destruction and modification by feral pigs (see Table 3).
Goats (Capra Hircus)
    Feral goats currently destroy and modify habitat in nine of the 
described ecosystems (coastal, lowland dry, lowland mesic, lowland wet, 
montane wet, montane mesic, montane dry, dry cliff, and wet cliff). 
Goats, native to the Middle East and India, were successfully 
introduced to the Hawaiian Islands in the late 1700s. Actions to 
control populations began in the 1920s (Tomich 1986, pp. 152-153); 
however, goats still occupy a wide variety of habitats on all the main 
islands (except for Kahoolawe; see below), where they consume native 
vegetation, trample roots and seedlings, strip tree bark, accelerate 
erosion, and promote the invasion of nonnative plants (van Riper and 
van Riper 1982, pp. 34-35; Stone 1985, p. 261; Kessler 2010, pers. 
comm.). Kahoolawe was negatively impacted by ungulates beginning in 
1793, with the introduction of goats and the addition of sheep (up to 
15,000) and cattle (about 900) by ranchers between 1858 and 1941, with 
the goat population estimated to be as high as 50,000 individuals by 
1988 (KIRC 2014, in litt.; KIRC 2015, in litt.). Beginning in 1941, the 
U.S. military used the entire island as a bombing range; for over 50 
years, and in 1994, control of Kahoolawe was

[[Page 58867]]

returned to the State and the Kahoolawe Island Reserve Commission. The 
remaining ungulates were eradicated in 1993 (McLeod 2014, in litt.). 
Because they are able to access extremely rugged terrain, and have a 
high reproductive capacity (Clark and Cuddihy 1980, pp. C-19-C2-20; 
Culliney 1988, p. 336; Cuddihy and Stone 1990, p. 64), goats are 
believed to have completely eliminated some plant species from certain 
islands (Atkinson and Atkinson 2000, p. 21). Goats can be highly 
destructive to native vegetation and contribute to erosion by: (1) 
Eating young trees and young shoots of plants before they become 
established; (2) creating trails that damage native vegetative cover; 
(3) destabilizing substrate and creating gullies that convey water; and 
(4) dislodging stones from ledges that results in rockfalls and 
landslides that damage or destroy native vegetation below (Cuddihy and 
Stone 1990, pp. 63-64). Feral goats forage along some cliffs where 
band-rumped storm-petrels nest on Kauai, and may trample nests and 
increase erosion (Scott et al. 1986, pp. 8, 352-357; Tomich 1986, pp. 
152-153). The following 12 plants proposed for listing in this rule are 
at risk from landslides or erosion caused by feral goats: Gardenia 
remyi, Joinvillea ascendens ssp. ascendens, Kadua fluviatilis, Labordia 
lorenciana, Ochrosia haleakalae, Phyllostegia helleri, P. stachyoides, 
Portulaca villosa, Pseudognaphalium sandwicensium var. molokaiense, 
Ranunculus mauiensis, Sanicula sandwicensis, and Schiedea pubescens; 
and the band-rumped storm-petrel. Twenty-two of the 39 plants (all 
except for Calamagrostis expansa, Cyanea kauaulaensis, Cyclosorus 
boydiae, Cyperus neokunthianus, Deparia kaalaana, Dryopteris glabra 
var. pusilla, Hypolepis hawaiiensis var. mauiensis, Kadua haupuensis, 
Lepidium orbiculare, Phyllostegia brevidens, Portulaca villosa, 
Pritchardia bakeri, Ranunculus hawaiensis, Schiedea diffusa ssp. 
diffusa, Sicyos macrophyllus, Solanum nelsonii, Stenogyne kaalae ssp. 
sherffii, and Wikstroemia skottsbergiana), and the band-rumped storm-
petrel, the orangeblack Hawaiian damselfly, and the yellow-faced bees 
Hylaeus anthracinus, H. assimulans, H. facilis, H. hilaris, and H. 
kuakea proposed for listing in this rule, are at risk of habitat 
destruction and modification by feral goats.
Axis Deer (Axis Axis)
    Axis deer destroy and modify 8 of the 11 ecosystems (coastal, 
lowland dry, lowland mesic, lowland wet, montane mesic, montane wet, 
montane dry, and dry cliff). Axis deer were introduced to the Hawaiian 
Islands for hunting opportunities on Molokai in 1868, on Lanai in 1920, 
and on Maui in 1959 (Hobdy 1993, p. 207; Erdman 1996, pers. comm. in 
Waring 1996, in litt, p. 2; Hess 2008, p. 2). Axis deer are primarily 
grazers, but also browse numerous palatable plant species including 
those grown as commercial crops (Waring 1996, p. 3; Simpson 2001, in 
litt.). They prefer the lower, more openly vegetated areas for browsing 
and grazing; however, during episodes of drought (e.g., from 1998 to 
2001 on Maui (Medeiros 2010, pers. comm.)), axis deer move into urban 
and forested areas in search of food (Waring 1996, p. 5; Nishibayashi 
2001, in litt.). Like goats, axis deer are highly destructive to native 
vegetation and contribute to erosion by eating young trees and young 
shoots of plants before they can become established. Other axis deer 
impacts include stripping bark from mature trees, creating trails, and 
promoting erosion by destabilizing substrate; creating gullies that 
convey water; and by dislodging stones from ledges that can cause 
rockfalls and landslides, directly damaging vegetation (Cuddihy and 
Stone 1990, pp. 63-64).
    On Molokai, axis deer likely occur at all elevations from sea level 
to almost 5,000 ft (1,500 m) at the summit area (Kessler 2011, pers. 
comm.). The most current population estimate for axis deer on the 
island of Molokai is between 4,000 and 5,000 individuals (Anderson 
2003, p. 119). Little management for deer control has been implemented 
on Molokai, and this figure from more than a decade ago is likely an 
underestimate of the axis deer population on this island today (Scott 
et al. 1986, p. 360; Anderson 2003, p. 30; Hess 2008, p. 4). On Lanai, 
axis deer were reported to number approximately 6,000 to 8,000 
individuals in 2007 (The Aloha Insider 2008, in litt; WCities 2010, in 
litt.). On Maui, five adult axis deer were released east of Kihei in 
1959 (Hobdy 1993, p. 207; Hess 2008, p. 2). In 2013, the Maui Axis Deer 
Working Group estimated that there may be 8,000 deer on southeast Maui 
alone, based on helicopter surveys (Star Advertiser 2015, in litt.; 
Hawaii News Now 2014, in litt.) According to Medeiros (2010, pers. 
comm.), axis deer can be found in all but high-elevation ecosystems 
(subalpine and alpine) and montane bogs on Maui, and are increasing at 
such high rates on Maui that native forests are changing in 
unprecedented ways. Additionally, Medeiros (2010, pers. comm.) asserted 
that native plants will only survive in habitat that is fenced or 
otherwise protected from the browsing and trampling effects of axis 
deer. Kessler (2010, pers. comm.) and Hess (2010, pers. comm.) reported 
the presence of axis deer up to 9,000 ft (2,700 m) on Maui, and Kessler 
suggests that no ecosystem is safe from the negative impacts of these 
animals. Montane bogs are also susceptible to impacts from axis deer. 
As the native vegetation is removed by browsing and trampling, the soil 
dries out, and invasive nonnative plants invade. Eventually, the bog 
habitat and its associated native plants and animals are replaced by 
grassland or shrubland dominated by nonnative plants (Mitchell et al. 
2005, p. 6-32).
    While axis deer are managed as game animals on these three islands, 
the State does not permit their introduction to other Hawaiian Islands. 
Recently (2010-2011), there was an illegal introduction of axis deer to 
Hawaii Island as a game animal (Kessler 2011, pers. comm.; Aila 2012, 
in litt.), and deer have now been observed across the southern portion 
of the island including in Kohala, Kau, Kona, and Mauna Kea (HDLNR 
2011, in litt.). The Hawaii Department of Land and Natural Resources--
Division of Forestry and Wildlife (HDLNR-HDOFAW) has developed a 
response-and-removal plan, including a partnership now underway with 
the Hawaii Department of Agriculture (HDOA), the Big Island Invasive 
Species Committee (BIISC), Federal natural resource management 
agencies, ranchers, farmers, private landowners, and concerned citizens 
(BigIsland.com, June 6, 2011). Also, in response to the introduction 
of axis deer to Hawaii Island, the Hawaii Invasive Species Council 
drafted House Bill 2593 to amend House Revised Statutes (H.R.S.) 91, 
which allows agencies to adopt emergency rules in the instances of 
imminent peril to public health, including to livestock and poultry 
health (BigIsland.com 2011, in litt.; Martin 2012, in litt.). This 
emergency rule became permanent on June 21, 2012, when House Bill 2593 
was enacted into law as Act 194 (State of Hawaii 2012, in litt.).
    The following species proposed for listing in this rule are at risk 
from the activities of axis deer: Gardenia remyi, Huperzia 
stemmermanniae, Joinvillea ascendens ssp. ascendens, Nothocestrum 
latifolium, Phyllostegia stachyoides, Portulaca villosa, 
Pseudognaphalium sandwicensium var. molokaiense, Ranunculus mauiensis, 
Schiedea pubescens, and Solanum nelsonii, and the orangeblack Hawaiiand 
damselfly, and five of the yellow-faced bees (Hylaeus anthracinus,

[[Page 58868]]

H. assimulans, H. facilis, H. hilaris, and H. longiceps).
Black-Tailed Deer (Odocoileus hemionus columbianus)
    Black-tailed deer destroy and modify habitat in 5 of the 11 
ecosystems (lowland mesic, lowland wet, montane wet, montane mesic, and 
dry cliff). The black-tailed deer is one of nine subspecies of mule 
deer (Natural History Museum 2015, in litt.). On Kauai, black-tailed 
deer were first introduced in 1961, for the purpose of sport hunting 
(Tomich 1986, pp. 131-134). Currently, these deer are limited to the 
western side of the island, where they feed on a variety of native 
(e.g., Acacia koa and Coprosma spp.) and nonnative plants (van Riper 
and van Riper 1982, pp. 42-46; Tomich 1986, p. 134). In addition to 
their direct impacts on native plants (browsing), black-tailed deer 
likely impact native plants indirectly by serving as a primary vector 
for the spread of introduced plants by carrying their seeds or other 
propagules on their coats and in their hooves and feces. Black-tailed 
deer have been noted as a cause of habitat alteration in the Kauai 
ecosystems (NTBG 2007, in litt.; HBMP 2010). Four of the 39 plants 
proposed for listing in this rule (Asplenium diellaciniatum, 
Nothocestrum latifolium, Ranunculus mauiensis, and Santalum involutum) 
are at risk of habitat destruction and modification by black-tailed 
deer.
Sheep (Ovis aries)
    Four of the described ecosystems on Hawaii Island (lowland wet, 
montane wet, montane dry, and wet cliff), are currently affected by 
habitat modification and destruction due to the activities of domestic 
sheep. Sheep were introduced to Hawaii Island in 1791, when Captain 
Vancouver brought five rams and two ewes from California (Tomich 1986, 
pp. 156-163). Soon after, stock was brought from Australia, Germany, 
and the Mediterranean for sheep production (Tomich 1986, pp. 156-163; 
Cuddihy and Stone 1990, pp. 65-66). By the early 1930s, herds reached 
close to 40,000 individuals (Scowcroft and Conrad 1992, p. 627). 
Capable of acquiring the majority of their water needs by consuming 
vegetation, sheep can inhabit dry forests in remote regions of Mauna 
Kea and Mauna Loa, including the saddle between the two volcanoes. 
Feral sheep browse and trample native vegetation and have decimated 
large areas of native forest and shrubland on Hawaii Island (Tomich 
1986, pp. 156-163; Cuddihy and Stone 1990, pp. 65-66). Browsing results 
in the erosion of top soil that alters moisture regimes and micro-
environments, leading to the loss of native plant and animal taxa 
(Tomich 1986, pp. 156-163; Cuddihy and Stone 1990, pp. 65-66). In 
addition, nonnative plant seeds are dispersed into native forest by 
adhering to sheep's wool coats (DOFAW 2002, p. 3). In 1962, game 
hunters intentionally crossbred feral sheep with mouflon sheep and 
released them on Mauna Kea, where they have done extensive damage to 
the montane dry ecosystem (Tomich 1986, pp. 156-163). Over the past 30 
years, attempts to protect the vegetation of Mauna Kea and the saddle 
area between the two volcanoes have been only sporadically effective 
(Hess 2008, pp. 1, 4). Currently, a large population of sheep (and 
mouflon hybrids) extends from Mauna Kea into the saddle and northern 
part of Mauna Loa, including State forest reserves, where they trample 
and browse all vegetation, including endangered plants (Hess 2008, p. 
1). One study estimated as many as 2,500 mouflon within just the Kau 
district of the Kahuku Unit (Volcanoes National Park) in 2006 (Hess et 
al. 2006, p. 10). Five of the 39 plants, Exocarpos menziesii, Festuca 
hawaiiensis, Nothocestrum latifolium, Phyllostegia brevidens, and 
Portulaca villosa, and the yellow-faced bee Hylaeus anthracinus, which 
are proposed for listing in this rule, are reported to be at risk of 
habitat destruction and modification by feral sheep (see Table 3).
Mouflon Sheep (Ovis gmelini musimon)
    Mouflon sheep destroy and modify habitat in 7 of the 11 described 
ecosystems on Maui, Lanai, and Hawaii Island (coastal, lowland dry, 
lowland mesic, montane wet, montane mesic, montane dry, subalpine). 
Native to Asia Minor, mouflon sheep were introduced to the islands of 
Lanai and Hawaii in the 1950s as a managed game species, and are now 
widely established on these islands (Tomich 1986, pp. 163-168; Cuddihy 
and Stone 1990, p. 66; Hess 2008, p. 1). Due to their high reproductive 
rate, the original population of 11 mouflon on the island of Hawaii 
increased to more than 2,500 individuals in 36 years, even though 
hunted as a game animal (Hess 2008, p. 3). Mouflon have decimated vast 
areas of native shrubland and forest through grazing, browsing, and 
bark stripping (Stone 1985, p. 271; Cuddihy and Stone 1990, pp. 63, 66; 
Hess 2008, p. 3). Mouflon also create trails and pathways through 
vegetation, resulting in soil compaction and increased runoff and 
erosion. In some areas, the interaction of browsing and soil compaction 
has led to a shift from native forest to grassy scrublands (Hess 2008, 
p. 3). Mouflon only gather in herds when breeding, thus complicating 
control techniques and hunting efficiency (Hess 2008, p. 3; Ikagawa 
2011, in litt.). Currently, many of the current and proposed fence 
exclosures on Hawaii Island constructed to protect rare species and 
habitat are only 4 ft (1.3 m) in height, as they are designed to 
exclude feral pigs, goats, and sheep; however, in actuality, a fence 
height of at least 6 ft (2 m) is necessary to exclude mouflon (Ikagawa 
2011, in litt.). Seven of the 39 plant species (Exocarpos menziesii, 
Festuca hawaiiensis, Nothocestrum latifolium, Phyllostegia brevidens, 
Portulaca villosa, Ranunculus hawaiensis, and Sicyos macrophyllus); the 
yellow-faced bees Hylaeus anthracinus, H. assimulans, H. facilis, H. 
hilaris, and H. longiceps; and the band-rumped storm-petrel proposed 
for listing in this rule are at risk of destruction and modification of 
habitat resulting from the activities of mouflon sheep.
Cattle (Bos taurus)
    Cattle destroy and modify habitat in 7 of the 11 ecosystems on Maui 
and Hawaii Island (coastal, lowland dry, lowland mesic, lowland wet, 
montane wet, montane mesic, and montane dry). Cattle, the wild 
progenitors of which were native to Europe, northern Africa, and 
southwestern Asia, were introduced to the Hawaiian Islands in 1793, and 
large feral herds (as many as 12,000 on the island of Hawaii) developed 
as a result of restrictions on killing cattle decreed by King 
Kamehameha I (Cuddihy and Stone 1990, p. 40). While small cattle 
ranches were developed on Kauai, Oahu, Molokai, west Maui, and 
Kahoolawe, very large ranches of tens of thousands of acres were 
created on east Maui and Hawaii Island (Stone 1985, pp. 256, 260; 
Broadbent 2010, in litt.). Large areas of native forest were quickly 
converted to grassland through the combined logging of native koa and 
establishment of cattle ranches (Tomich 1986, p. 140; Cuddihy and Stone 
1990, p. 47). Feral cattle can be found today on the islands of 
Molokai, Maui, and Hawaii. Feral cattle eat native vegetation, trample 
roots and seedlings, cause erosion, create disturbed areas into which 
alien plants invade, and spread seeds of alien plants carried in their 
feces and on their bodies. The forest in areas grazed by cattle rapidly 
degrades into grassland pasture, and plant cover remains reduced for 
many years following removal of cattle from an area. Increased nitrogen 
availability through the feces of cattle contributes to the ingress of 
nonnative plant species

[[Page 58869]]

(Kohala Mountain Watershed Partnership (KMWP) 2007, pp. 54-55; Laws et 
al. 2010, in litt.). Furthermore, several alien grasses and legumes 
purposely introduced for cattle forage have become invasive weeds 
(Tomich 1986, pp. 140-150; Cuddihy and Stone 1990, p. 29). According to 
Kessler (2011, pers. comm.), approximately 300 individuals roam east 
Maui as high as the subalpine ecosystem (i.e., to 9,800 ft (3,000 m)), 
and feral cattle are occasional observed on west Maui. Feral cattle 
(more than 100 individuals) are reported from remote regions of Hawaii 
Island, including the back of Pololu and Waipio Valleys in the Kohala 
Mountains, and the Kona Unit of the Hakalau Forest NWR (KMWP 2007, p. 
55; USFWS 2010, pp. 3-15, 4-86). Nine of the 39 plant species (Huperzia 
stemmermanniae, Ochrosia haleakalae, Phyllostegia brevidens, Portulaca 
villosa, Ranunculus hawaiensis, R. mauiensis, Schiedea pubescens, 
Sicyos macrophyllus, and Solanum nelsonii) and four of the yellow-faced 
bees (Hylaeus anthracinus, H. assimulans, H. facilis, and H. hilaris) 
are currently at risk of habitat destruction or modification due to the 
activities of feral cattle.
    In summary, 37 of the 39 plant species (all except Cyanea 
kauaulaensis and Hypolepis hawaiiensis var. mauiensis), and 9 of the 10 
animals (all except the anchialine pool shrimp Procaris hawaiana), 
which are proposed for listing in this rule, are at risk of habitat 
destruction and modification by feral ungulates including pigs, goats, 
axis deer, black-tailed deer, sheep, mouflon, and cattle (see Table 3). 
The effects of these nonnative animals include the destruction of 
vegetative cover; trampling of plants and seedlings; direct consumption 
of native vegetation; soil disturbance and sedimentation; dispersal of 
nonnative plant seeds by animals; alteration of soil nitrogen 
availability; and creation of open, disturbed areas conducive to 
further invasion by nonnative pest plant species. All of these impacts 
also can lead to the conversion of a native plant community to one 
dominated by nonnative species (see ``Habitat Modification and 
Destruction by Nonnative Plants,'' below). In addition, because these 
animals inhabit terrain that is often steep and remote, foraging and 
trampling contributes to severe erosion of watersheds and degradation 
of streams and wetlands (Cuddihy and Stone 1990, p. 59; Dunkell et al. 
2011, pp. 175-194).
Habitat Destruction and Modification by Nonnative Plants
    Ten of the 11 ecosystems (all but the anchialine pool ecosystem) 
are currently at risk of habitat destruction and modification by 
nonnative plants. Native vegetation on all of the main Hawaiian Islands 
has undergone extreme alteration because of past and present land 
management practices, including ranching, deliberate introduction of 
nonnative plants and animals, and agriculture (Cuddihy and Stone 1990, 
pp. 27, 58). The original native flora of Hawaii (present before human 
arrival) consisted of about 1,000 taxa, 89 percent of which are endemic 
(Wagner et al. 1999, pp. 3-6). Over 800 plant taxa have been introduced 
to the Hawaiian Islands, brought to Hawaii for food or for cultural 
reasons, to reforest areas destroyed by grazing feral and domestic 
animals, or for horticultural or agricultural purposes (Scott et al. 
1986, pp. 361-363; Cuddihy and Stone 1990, p. 73). We have compiled 
descriptions of 115 nonnative plant species reported to destroy and 
modify the habitat of, or outcompete, 44 of the 49 species proposed for 
listing in this rule (all except Exocarpos menziesii, Huperzia 
stemmermanniae, Joinvillea ascendens ssp. ascendens, the band-rumped 
storm-petrel, and the anchialine pool shrimp). Fourteen of these 
nonnative plants are included in the Hawaii Noxious Weed List (Hawaii 
Department of Agriculture HAR Title 4, Subtitle 6, Chapter 68).
    Nonnative plants adversely impact native habitat in Hawaii by: (1) 
Modifying the availability of light; (2) altering soil-water regimes; 
(3) modifying nutrient cycling; and (4) altering fire regimes of native 
plant communities (e.g., by fostering series of fires that burn 
successively farther into native habitat, destroying native plants and 
removing native plant habitat by altering microclimatic conditions to 
favor nonnative species), thus ultimately converting native-dominated 
plant communities to nonnative plant communities (Smith 1985, pp. 180-
181; Cuddihy and Stone 1990, p. 74; D'Antonio and Vitousek 1992, p. 73; 
Vitousek et al. 1997, p. 6). The contribution of nonnative plants to 
the extinction of native species in the lowland and upland habitats of 
Hawaii is well-documented (Vitousek et al. 1987 in Cuddihy and Stone 
1990, p. 74). The most often observed effect of nonnative plants on 
native species is displacement through competition. Competition occurs 
for water or nutrients, or it may involve allelopathy (chemical 
inhibition of growth of other plants), shading, or precluding sites for 
seedling establishment (Vitousek et al. 1987 in Cuddihy and Stone 1990, 
p. 74).
    Alteration of fire regimes represents an ecosystem-level change 
caused by the invasion of nonnative plants, mainly grasses (D'Antonio 
and Vitousek 1992, p. 73). Grasses generate standing dead material that 
burns readily, and grass tissues with large surface-to-volume ratios 
dry out quickly, contributing to flammability (D'Antonio and Vitousek 
1992, p. 73). The finest size classes of grass material ignite and 
spread fires under a broader range of conditions than do woody fuels or 
even surface litter (D'Antonio and Vitousek 1992, p. 73). The grass 
life form allows rapid recovery following fire; there is little above-
ground structure. Grasslands also support a microclimate in which 
surface temperatures are hotter, contributing to drier vegetative 
conditions that favor fire (D'Antonio and Vitousek 1992, p. 73). In 
summary, nonnative plants directly and indirectly affect 44 species (36 
plants, the orangeblack Hawaiian damselfly, and all 7 yellow-faced 
bees) proposed for listing in this rule, by modifying or destroying 
their habitat, by removing their native host plants, or by direct 
competition. Below, we have organized lists of the nonnative plants 
reported to negatively affect each of 10 of the 11 ecosystems (the 
anchialine pool ecosystem is not included). These lists include a total 
of 115 nonnative plant species with the specific negative effects they 
have on native ecosystems and the proposed species.
    Nonnative Plants in the Coastal Ecosystem: Nonnative plants 
threatening the coastal ecosystem plants proposed for listing 
(Portulaca villosa, Pseudognaphalium sandwicensium var. molokaiense, 
and Solanum nelsonii) and the coastal ecosystem animals proposed for 
listing (the orangeblack Hawaiian damselfly, and the yellow-faced bees 
Hylaeus anthracinus, H. assimulans, H. facilis, H. hilaris, and H. 
longiceps), include the nonnative understory and subcanopy species 
Asystasia gangetica (Chinese violet), Atriplex semibaccata, Conyza 
bonariensis (hairy horseweed), Kalanchoe pinnata (air plant), Lantana 
camara (lantana), Leucaena leucocephala (koa haole), Neonotonia wightii 
(glycine), Nicotiana glauca (tree tobacco), Pluchea carolinensis 
(sourbush), P. indica (Indian fleabane), Stachytarpheta spp., and 
Verbesina encelioides (golden crown-beard) (DOFAW 2007, pp. 20-22, 54-
58; HBMP 2010). Nonnative canopy species include Acacia farnesiana 
(klu) and Prosopis pallida (HBMP 2010). In addition, the nonnative 
grasses Cenchrus ciliaris (buffelgrass), Chloris

[[Page 58870]]

barbata (swollen fingergrass), Cynodon dactylon (Bermuda grass), 
Digitaria insularis (sourgrass), Setaria verticillata (bristly 
foxtail), Urochloa maxima (guinea grass), and U. mutica (California 
grass) negatively affect this ecosystem (HBMP 2010) (see ``Specific 
Nonnative Plant Species Impacts,'' below).
    Nonnative Plants in the Lowland Dry Ecosystem: Nonnative plants 
threatening the lowland dry ecosystem plants proposed for listing 
(Nothocestrum latifolium and Portulaca villosa) and the lowland dry 
ecosystem animals proposed for listing (the orangeblack Hawaiian 
damselfly and the yellow-faced bees Hylaeus anthracinus, H. assimulans, 
H. facilis, H. hilaris, and H. longiceps) include the nonnative 
understory and subcanopy species Ageratina adenophora (Maui pamakani), 
Asystasia gangetica, Atriplex semibaccata, Conyza bonariensis, Lantana 
camara, Leonotis nepetifolia (lion's ear), Leucaena leucocephala, 
Neonotonia wightii, Nicotiana glauca, Passiflora foetida (love-in-a-
mist), P. suberosa (huehue haole), Stachytarpheta spp., and Stapelia 
gigantea (giant toad plant) (Perlman 2007, p. 3; HBMP 2010). Nonnative 
canopy species include Acacia confusa (Formosa koa), A. farnesiana, 
Casuarina equisetifolia (ironwood), Chrysophyllum oliviforme 
(satinleaf), Grevillea robusta (silk oak), Prosopis pallida, Psidium 
guajava (common guava), and Schinus terebinthifolius (Christmas berry) 
(Perlman 2007, p. 7; HBMP 2010). In addition, the nonnative grasses 
Andropogon virginicus (broomsedge), Cenchrus ciliaris, C. setaceus 
(fountain grass), Chloris barbata, Cynodon dactylon, Digitaria 
insularis, Melinis minutiflora (molasses grass), M. repens (natal 
redtop), and Setaria verticillata negatively affect this ecosystem 
(HBMP 2010) (see ``Specific Nonnative Plant Species Impacts,'' below).
    Nonnative Plants in the Lowland Mesic Ecosystem: Nonnative plants 
threatening the lowland mesic ecosystem plants proposed for listing 
(Deparia kaalaana, Gardenia remyi, Joinvillea ascendens ssp. ascendens, 
Kadua fluviatilis, K. haupuensis, Lepidium orbiculare, Microlepia 
strigosa var. mauiensis, Myrsine fosbergii, Nothocestrum latifolium, 
Ochrosia haleakalae, Pritchardia bakeri, Santalum involutum, and Sicyos 
lanceoloideus) and the lowland mesic ecosystem animals proposed for 
listing (the orangeblack Hawaiian damselfly and the yellow-faced bees 
Hylaeus facilis, H. kuakea, and H. mana) include the nonnative 
understory and subcanopy species Ageratina riparia (Hamakua pamakani), 
Anemone hupehensis var. japonica (Japanese anemone), Ardisia elliptica 
(shoebutton ardisia), Asystasia gangetica, Blechnum appendiculatum (no 
common name (NCN)), Buddleja asiatica, Caesalpinia decapetala (cat's 
claw), Cestrum diurnum (day cestrum), Clidemia hirta (Koster's curse), 
Conyza bonariensis, Cordyline fruticosa (ti, ki), Cuphea 
carthagenensis, Cyclosorus dentatus, Delairea odorata (German ivy), 
Erigeron karvinskianus (daisy fleabane), Hedychium coronarium (white 
ginger), Kalanchoe pinnata (air plant), Lantana camara, Leptospermum 
scoparium (tea tree), Passiflora laurifolia (yellow granadilla, water 
lemon), P. suberosa, Rubus argutus (prickly Florida blackberry), R. 
rosifolius (thimbleberry), Sphaeropteris cooperi, and Stachytarpheta 
spp. (TNC 1997, pp. 10, 15; HBMP 2010). Nonnative canopy species 
include Acacia confusa, Aleurites moluccana (kukui), Casuarina 
equisetifolia, Chrysophyllum oliviforme, Cinchona pubescens (quinine), 
Coffea arabica (coffee), Falcataria moluccana (albizia), Ficus 
microcarpa (Chinese banyan), Fraxinus uhdei (tropical ash), Grevillea 
robusta, Morella faya (firetree), Omalanthus populifolius (Queensland 
poplar), Psidium cattleianum (strawberry guava), P. guajava, Ricinus 
communis (castor bean), Schefflera actinophylla (octopus tree), Schinus 
terebinthifolius, Syzygium cumini (java plum), S. jambos (rose apple), 
Tecoma stans (yellow elder), and Toona ciliata (Australian red cedar). 
Additional threats are the nonnative grasses Cynodon dactylon, 
Digitaria setigera, Ehrharta stipoides (meadow rice grass), Melinis 
minutiflora, and Paspalum conjugatum (Hilo grass) (TNC 1997, p. 15; 
Motley 2005, p. 109; HBMP 2010) (see ``Specific Nonnative Plant Species 
Impacts,'' below).
    Nonnative Plants in the Lowland Wet Ecosystem: Nonnative plants 
threatening the lowland wet ecosystem plants proposed for listing 
(Cyanea kauaulaensis, Cyclosorus boydiae, Cyperus neokunthianus, 
Deparia kaalaana, Gardenia remyi, Kadua fluviatilis, Myrsine fosbergii, 
Ochrosia haleakalae, Phyllostegia brevidens, P. helleri, Santalum 
involutum, Schiedea diffusa ssp. diffusa, S. pubescens, Stenogyne 
kaalae ssp. sherffii, and Wikstroemia skottsbergiana) include the 
nonnative understory and subcanopy species Ageratina adenophora, A. 
riparia, Ageratum conyzoides, Angiopteris evecta, Blechnum 
appendiculatum, Buddleja asiatica, Cestrum diurnum, C. nocturnum (night 
cestrum), Clidemia hirta, Conyza bonariensis, Cordyline fruticosa, 
Cuphea carthagenensis, Cyclosorus dentatus, Drymaria cordata 
(chickweed), Erechtites valerianifolia (fireweed), Erigeron 
karvinskianus (daisy fleabane), Hedychium gardnerianum (kahili ginger), 
Juncus planifolius (bog rush), Leptospermum scoparium (tea tree), 
Passiflora edulis (passion fruit), P. foetida, P. suberosa, Persicaria 
punctata (water smartweed), Pterolepis glomerata (NCN), Rubus argutus, 
R. rosifolius, Sphaeropteris cooperi, Tibouchina herbacea (glorybush), 
and Youngia japonica (oriental hawksbeard); and the nonnative canopy 
species Ardisia elliptica, Cinnamomum burmannii (padang cassia), Coffea 
arabica, Cryptomeria japonica (tsugi pine), Eucalyptus spp., Falcataria 
moluccana, Heliocarpus popayanensis (moho), Miconia calvescens 
(miconia), Morella faya, Pimenta dioica (allspice), Psidium 
cattleianum, P. guajava, Schefflera actinophylla, Schinus 
terebinthifolius, and Syzigium jambos (TNC 1997, p. 10; HBMP 2010). 
Nonnative grasses that negatively impact the lowland wet ecosystem 
include Axonopus fissifolius (narrow-leaved carpetgrass), Cortaderia 
jubata (pampas grass), Ehrharta stipoides, Melinis minutiflora, 
Oplismenus hirtellus (basketgrass), Paspalum conjugatum, Sacciolepis 
indica (glenwood grass), Urochloa maxima, and U. mutica (TNC 1997, p. 
10; Erickson and Puttock 2006, p. 270) (see ``Specific Nonnative Plant 
Species Impacts,'' below).
    Nonnative Plants in the Montane Wet Ecosystem: Nonnative plants 
threatening the montane wet ecosystem plants proposed for listing 
(Calamagrostis expansa, Cyclosorus boydiae, Cyrtandra hematos, 
Dryopteris glabra var. pusilla, Hypolepis hawaiiensis var. mauiensis, 
Microlepia strigosa var. mauiensis, Myrsine fosbergii, Phyllostegia 
brevidens, P. helleri, P. stachyoides, Ranunculus mauiensis, Schiedea 
diffusa ssp. diffusa, S. pubescens, and Sicyos macrophyllus) include 
the nonnative understory and subcanopy species Ageratina adenophora, A. 
riparia, Ageratum conyzoides (maile honohono), Anemone hupehensis var. 
japonica, Blechnum appendiculatum, Buddleja asiatica, Cestrum 
nocturnum, Clidemia hirta, Cyclosorus dentatus, Drymaria cordata, 
Erechtites valerianifolia, Erigeron karvinskianus, Hedychium 
gardnerianum, Hypochaeris radicata (hairy cat's ear), Juncus effusus, 
J. ensifolius, J. planifolius, Lantana camara, Lapsana communis 
(nipplewort), Persicaria punctata,

[[Page 58871]]

Rubus argutus, R. ellipticus (yellow Himalayan raspberry), R. 
rosifolius, Sphaeropteris cooperi, Tibouchina herbacea, Ulex europaeus 
(gorse), and Youngia japonica, and the nonnative canopy species 
Cinnamomum burmannii, Cryptomeria japonica, Eucalyptus spp., Morella 
faya, Psidium cattleianum, and Schinus terebinthifolius (HBMP 2010). 
Nonnative grasses that negatively impact the montane wet ecosystem 
include Anthoxanthum odoratum (sweet vernalgrass), Axonopus 
fissifolius, Cortaderia jubata, Ehrharta stipoides, Holcus lanatus 
(common velvet grass), Melinis minutiflora, Paspalum conjugatum, 
Sacciolepis indica (glenwood grass), and Setaria palmifolia (palmgrass) 
(see ``Specific Nonnative Plant Species Impacts,'' below).
    Nonnative Plants in the Montane Mesic Ecosystem: Nonnative plants 
threatening the montane mesic ecosystem plants proposed for listing 
(Asplenium diellaciniatum, Labordia lorenciana, Microlepia strigosa 
var. mauiensis, Ochrosia haleakalae, Phyllostegia stachyoides, 
Ranunculus hawaiensis, R. mauiensis, Sanicula sandwicensis, Schiedea 
pubescens, Sicyos lanceoloideus, S. macrophyllus) include the nonnative 
understory and subcanopy species Ageratina adenophora, Buddleja 
asiatica, Clidemia hirta, Cotoneaster pannosus, Cyclosorus dentatus, 
Delairea odorata, Epilobium ciliatum (willow herb), Lantana camara, 
Leptospermum scoparium, Passiflora edulis, P. tarminiana, Rubus 
argutus, R. rosifolius, and Ulex europaeus (Leeward Haleakala Watershed 
Partnership (LHWP) 2006, p. 25; HBMP 2010; TNCH 2009, 14 pp.); and the 
nonnative canopy species Cinchona pubescens, Fraxinus uhdei, Morella 
faya, Pinus spp., Psidium cattleianum, and Schinus terebinthifolius. 
Nonnative grasses that negatively impact the montane mesic ecosystem 
include Andropogon virginicus, Cenchrus setaceus, Cortaderia jubata, 
Cynodon dactylon, Ehrharta stipoides, Holcus lanatus, Melinis 
minutiflora, Paspalum conjugatum, and Setaria palmifolia (HBMP 2010) 
(see ``Specific Nonnative Plant Species Impacts,'' below).
    Nonnative Plants in the Montane Dry Ecosystem: Nonnative plants 
threatening the montane dry ecosystem plants proposed for listing 
(Festuca hawaiiensis, Portulaca villosa, Ranunculus hawaiensis, R. 
mauiensis, Sanicula sandwicensis, and Sicyos macrophyllus) include the 
nonnative understory and subcanopy species Clidemia hirta, Cotoneaster 
pannosus, Heterotheca grandiflora (telegraph weed), Rubus argutus, and 
Senecio madagascariensis, and the nonnative canopy species Grevillea 
robusta, Psidium cattleianum, and Schinus terebinthifolius (HBMP 2010). 
Nonnative grasses such as Cenchrus setaceus and Melinis minutiflora 
negatively impact the montane dry ecosystem (see ``Specific Nonnative 
Plant Species Impacts,'' below).
    Nonnative Plants in the Subalpine Ecosystem: Nonnative plants 
threatening the subalpine ecosystem plants proposed for listing 
(Ranunculus hawaiensis and Sanicula sandwicensis) include the nonnative 
understory and subcanopy species Ageratina adenophora, Cotoneaster 
pannosus, Epilobium billardierianum ssp. cinereum (willow herb), E. 
ciliatum, Hypochoeris radicata, Lapsana communis, Passiflora 
tarminiana, and Rubus argutus, and the nonnative canopy species Pinus 
spp. Nonnative grasses such as Anthoxanthum odoratum, Cenchrus 
setaceus, Cynodon dactylon, Dactylis glomerata (cocksfoot), and Holcus 
lanatus negatively impact the montane dry ecosystem (see ``Specific 
Nonnative Plant Species Impacts,'' below).
    Nonnative Plants in the Dry Cliff Ecosystem: Nonnative plants 
threatening the dry cliff ecosystem plants proposed for listing 
(Nothocestrum latifolium, Ochrosia haleakalae, and Sicyos 
lanceoloideus) and the dry cliff ecosystem animal, the band-rumped 
storm-petrel, include the nonnative understory and subcanopy species 
Ageratina adenophora, A. riparia, Blechnum appendiculatum, Clidemia 
hirta, Erigeron karvinskianus, Hypochoeris radicata, Kalanchoe pinnata, 
Lantana camara, Lapsana communis, Leucaena leucocephala, Lythrum 
maritimum (loosestrife), Passiflora suberosa, Pluchea carolinensis, 
Prunella vulgaris, and Rubus rosifolius, and the nonnative canopy 
species Acacia confusa, Casuarina equisetifolia, Grevillea robusta, 
Melia azedarach (chinaberry), Psidium cattleianum, P. guajava, Schinus 
terebinthifolius, Sphaeropteris cooperi, Syzygium cumini, Tecoma stans, 
and Toona ciliata (HBMP 2010). Nonnative grasses that negatively impact 
the dry cliff ecosystem include Andropogon virginicus, Cenchrus 
setaceus, Dactylis glomerata, Digitaria insularis, Ehrharta stipoides, 
Holcus lanatus, Melinis minutiflora, and Urochloa maxima (HBMP 2010) 
(see ``Specific Nonnative Plant Species Impacts,'' below).
    Nonnative Plants in the Wet Cliff Ecosystem: Nonnative plants 
threatening the wet cliff ecosystem plants proposed for listing 
(Phyllostegia brevidens, P. helleri, Ranunculus mauiensis, and Schiedea 
pubescens) and the wet cliff ecosystem animal, the band-rumped storm-
petrel, include the nonnative understory and subcanopy species 
Ageratina adenophora, Blechnum appendiculatum, Clidemia hirta, 
Erechtites valerianifolia, Erigeron karvinskianus, Hedychium 
gardnerianum, Juncus effusus, Passiflora suberosa, Pterolepis 
glomerata, Rubus argutus, R. rosifolius, and Tibouchina herbacea, and 
the nonnative canopy species Ardisia elliptica, Buddleja asiatica, 
Heliocarpus popayanensis, Psidium cattleianum, P. guajava, Schinus 
terebinthifolius, and Toona ciliata (HBMP 2010). Nonnative grasses that 
negatively impact the wet cliff ecosystem include Axonopus fissifolius, 
Ehrharta stipoides, Melinis minutiflora, Oplismenus hirtellus, Paspalum 
conjugatum, and Setaria palmifolia (HBMP 2010) (see ``Specific 
Nonnative Plant Species Impacts,'' below).
    Specific Nonnative Plant Species Impacts: Destruction and 
modification of habitat, and competition, by nonnative plants represent 
ongoing threats to 45 species (36 plants, the band-rumped storm-petrel, 
the orangeblack Hawaiian damselfly, and all 7 yellow-faced bees) 
proposed for listing in this rule throughout their ranges. Nonnative 
plants adversely affect microhabitat by modifying availability of light 
and nutrient cycling processes, and by altering soil-water regimes. 
Some nonnative plants may release chemicals that inhibit growth of 
other plants. They also alter fire regimes leading to incursions of 
fire-tolerant, nonnative plant species in native habitat. These 
competitive advantages allow nonnative plants to convert native-
dominated plant communities to nonnative plant communities (Cuddihy and 
Stone 1990, p. 74; Vitousek 1992, pp. 33-35).
    The Hawaii Weed Risk Assessment (HWRA) is cited in many of the 
descriptions below. This assessment was created as a research 
collaboration between the University of Hawaii and the U.S. Forest 
Service for use in Hawaii and other high Pacific islands (i.e., 
volcanic in origin, as opposed to low-lying atolls), and is an 
adaptation of the Australian/New Zealand Weed Risk Assessment protocol 
developed in the 1990s (Denslow and Daehler 2004, p. 1). The 
Australian/New Zealand protocol was developed to screen plants proposed 
for introduction into those countries, while the Hawaii-Pacific Weed 
Risk Assessment (HWRA) was developed to evaluate species already

[[Page 58872]]

used in landscaping, gardening, and forestry, and is also used to 
predict whether or not a nonnative plant species is likely to become 
invasive. Not all nonnative plant species present in Hawaii have been 
assessed, and information on propensity for invasiveness is lacking 
from some of the following descriptions. When known, we describe 
specific negative impacts of individual nonnative plants that threaten 
45 of the 49 species proposed for listing.
     Acacia confusa (Formosa koa) is a tree introduced to 
Hawaii from Taiwan and the Philippine Islands in 1915 by the Board of 
Agriculture and Forestry and the Hawaiian Sugar Planter's Association 
for use as a windbreak; it is naturalized on all the main islands 
except Niihau (Geesink et al. 1999, p. 641). This species forms 
monotypic stands at lower elevations that prevent establishment of 
native plants. Seeds present in the ground germinate profusely after 
fire, allowing it to outcompete native plants (Pacific Islands 
Ecosystems at Risk (PIER) 2008). This species occurs in lowland dry, 
lowland mesic, and dry cliff habitats on all the main islands except 
Niihau (Geesink 1999, p. 641).
     Acacia farnesiana (klu) is a shrub to 13 ft (4 m) tall, 
native to the Neotropics, and formerly cultivated in Hawaii for an 
attempted perfume industry. This species is thorny and forms dense 
thickets, and regenerates quickly after fire. The seeds are dispersed 
by ungulates that eat the pods (PIER 2011). It is now naturalized 
(i.e., initially introduced from another area, and now reproducing in 
the wild) in coastal and lowland dry areas on all of the main Hawaiian 
Islands except Niihau (Geesink et al. 1999, p. 641). According to the 
HWRA for A. farnesiana, this species has a high risk of invasiveness or 
a high risk of becoming a serious pest (PIER 2011).
     Ageratina adenophora (Maui pamakani) is native to tropical 
America, and has naturalized in lowland to subalpine, dry to wet 
forest, including cliffs, on the islands of Kauai, Oahu, Molokai, 
Lanai, and Maui (Wagner et al. 1999, pp. 254-255; Wagner et al. 2012, 
p. 9). This shrub is 3 to 5 ft (1 to 1.5 m) tall with trailing branches 
that root on contact with the soil. It forms dense mats, which prevent 
regeneration of native plants (Anderson et al. 1992, p. 315). It is 
considered a harmful weed in agriculture, especially in rangeland, 
because it often displaces more desirable vegetation or native species, 
and is fatally toxic to horses and most livestock. The eupatorium gall 
fly, Procecidochares utilis, was introduced to Hawaii in 1944 for 
control of Maui pamakani, with some success in suppression of some 
infestations, but not those in higher rainfall areas (Bess and Haramoto 
1959, p. 248; Bess and Haramoto 1972, pp. 166, 175).
     Ageratina riparia (Hamakua pamakani) is a subshrub native 
to Mexico and the West Indies that spreads from a creeping rootstock 
(Wagner et al. 1999, p. 255). This species forms dense mats that 
prevent regeneration of native plants (Davis et al. 1992, p. 427), and 
is naturalized in dry cliffs, lowland mesic, lowland wet, and montane 
wet forest on Kauai, Oahu, Molokai, Lanai, and Maui (Wagner et al. 
1999, p. 255; Wagner et al. 2012, p. 9).
     Ageratum conyzoides (maile honohono) is a perennial herb 
native to Central and South America and now widespread on all the main 
Hawaiian Islands (Wagner et al. 1999, pp. 254-255). This species 
invades lowland and montane wet areas, tolerates shade, and can 
outcompete and displace native plants. It produces many thousands of 
seeds that spread by wind and water, with over half the seeds 
germinating shortly after they are shed (PIER 2007).
     Aleurites moluccana (kukui) is a spreading, tall tree (66 
ft; 20 m), native to Malesia, and considered a Polynesian introduction 
to Hawaii. It is now a significant component of the lowland mesic 
valley vegetation from sea level to 2,300 ft (700 m) on all the main 
islands (Wagner et al. 1999, p. 598). According to the HWRA, this 
species has a high risk of invasiveness or a high risk of becoming a 
serious pest (PIER 2008). This species tolerates a wide range of soil 
conditions and forms dense thickets, shading out other plants (Wagner 
et al. 1999, p. 598).
     Andropogon virginicus (broomsedge) is a perennial bunch 
grass native to northeastern America and naturalized on Kauai, Oahu, 
Molokai, Maui, and Hawaii Island (Wagner et al. 2012, p. 88). It occurs 
along roadsides and in disturbed dry to mesic forest and shrubland, and 
cliffs (O'Connor 1999, p. 1497). Seeds are easily distributed by wind, 
clothing, vehicles, and animals (Smith 1989, pp. 60-69). This species 
can outcompete and displace native plants, and may release allelopathic 
substances that prevent the establishment of other plants (Rice 1972, 
pp. i, 752-755). This species is fire-adapted, and has become dominant 
in areas subjected to natural or human-caused fires (Mueller-Dombois 
1972, pp. 1-2), and is included in the Hawaii State Noxious Weed List 
(HAR Title 4, Subtitle 6, Chapter 68).
     Anemone hupehensis var. japonica (Japanese anemone), an 
herbaceous perennial, is native to China and is naturalized and locally 
common in open, wet areas along roadsides and in lowland mesic and 
montane wet forest on Hawaii Island (Duncan 1999, p. 1087). This 
species has wind-distributed seeds, spreads by suckers, and resists 
grazing because of toxic chemicals that induce vomiting when ingested. 
According to the HWRA, this species has a high risk of invasiveness or 
a high risk of becoming a pest species (PIER 2011).
     Angiopteris evecta (mule's foot fern) is native throughout 
much of the South Pacific, including Australia and New Guinea, and is 
naturalized on Kauai, Oahu, Molokai, Maui, Lanai, and Hawaii Island 
(Palmer 2003, p. 49; Wagner et al. 2012, p. 103). Rhizomes form a 
massive trunk, and fronds may grow up to 23 ft (7 m) long and 10 ft (3 
m) wide, allowing this species to form dense stands and displace and 
shade out native plants in lowland wet forest (Global Invasive Species 
Database (GISD) 2011; Palmer 2003, pp. 48-49). It has become the 
dominant understory plant in some valleys on Oahu.
     Anthoxanthum odoratum (sweet vernalgrass) is a perennial 
bunchgrass native to Eurasia and now naturalized on Kauai, Oahu, 
Molokai, Maui, and Hawaii Island, in pastures, disturbed areas in 
montane wet forest, and sometimes subalpine shrubland (O'Connor 1999, 
p. 1498; Wagner et al. 2012, p. 88). This grass forms extensive ground 
cover, crowding out and preventing reestablishment of native plants 
(PIER 2008).
     Ardisia elliptica (shoebutton ardisia) is a branched shrub 
native to Sri Lanka that is now naturalized on Kauai, Oahu, Maui, and 
Hawaii Island (Wagner et al. 1999, pp. 932-933; Wagner et al. 2012, p. 
53). This species is shade-tolerant and can rapidly form dense, 
monotypic stands, preventing establishment of native species (Global 
Invasive Species Database (GISD) 2005). Its fruit are attractive to 
birds, which then spread the seeds over the landscape. According to the 
HWRA, this species has a high risk of invasiveness or a high risk of 
becoming a serious pest (PIER 2008). This species occurs in lowland 
mesic and wet forest, and on wet cliffs (Wagner et al. 1999, p. 933).
     Asystasia gangetica (Chinese violet) is a perennial herb 
native to India, Malay Peninsula, and Africa (Wagner et al. 1999, p. 
168). This species can grow over shrubs and smother all vegetation in 
the herbaceous layer, covering native plants and preventing their 
establishment (Smith 1985, p. 185). According to the HWRA, this species 
has a high risk of invasiveness or a high

[[Page 58873]]

risk of becoming a serious pest (PIER 2009). This species occurs in all 
low-elevation coastal, dry and mesic habitats on Midway Atoll, and all 
the main Hawaiian Islands (Wagner et al. 1999, p. 168; Wagner et al. 
2012, p. 3).
     Atriplex semibaccata (Australian saltbush) is a drought- 
and saline-tolerant, low-growing shrub, native to Australia, which 
forms dense spreading mats and displaces native plants. It was 
introduced to Hawaii in 1895 as an experimental forage grass for 
cattle; it is now naturalized in coastal and lowland dry to seasonally 
wet areas on all the main Hawaiian Islands (Wagner et al. 1999, p. 
535). The seeds are attractive to fruit eaters, which may contribute to 
its dispersal (California Invasive Plant Council 2006, in litt.).
     Axonopus fissifolius (carpetgrass) is a pasture grass that 
forms dense mats with tall foliage. This species does well in soils 
with low nitrogen levels, and can outcompete native plants in wet 
forests and bogs, an impact exacerbated by drought (Olaa Kilauea 
Partnership 2007, p. 3). The species is not subject to any major 
diseases or insect pests, and recovers quickly from fire. Seeds are 
readily spread by water, vehicles, and grazing animals (O'Connor 1999, 
pp. 1500-1502; Cook et al. 2005, p. 4). This species occurs in lowland 
and montane wet pastures, cliffs, wet forests, and bogs on all the main 
islands except Kahoolawe and Niihau (O'Connor 1999, p. 1502; Wagner et 
al. 2012, p. 88).
     Blechnum appendiculatum (NCN) is a fern with fronds to 23 
in (60 cm) long. This species occurs on all the main islands, and forms 
large colonies in closed canopy lowland and montane wet forest, 
especially on rocky substrate or cliffs, outcompeting and displacing 
native species (Palmer 2003, pp. 79-81).
     Buddleja asiatica (dog tail) is a shrub or small tree 
native to Pakistan, India, China, Taiwan, Malesia, and the Mariana 
Islands, and is naturalized on Kauai, Maui, Oahu, Lanai, and Hawaii 
Island (Wagner et al. 1999, p. 415; Wagner et al. 2012, p. 20). This 
species can tolerate a wide range of lowland and montane mesic and wet 
habitats, and forms dense thickets, rapidly spreading into forest and 
lava and cinder substrate areas, displacing native vegetation (Wagner 
et al. 1999, p. 415; PIER 2011).
     Caesalpinia decapetala (cat's claw), a prickley climber or 
shrub, native to tropical Asia, is naturalized on all the main Hawaiian 
Islands except Kahoolawe (Geesink et al. 1999, p. 647). This sprawling, 
noxious shrub forms large, impenetrable thickets; is used as a fence 
plant for ranches (Geesink et al. 1999, p. 647); and is a pest in 
lowland mesic habitat (Smith 1985, p. 187). Seeds are dispersed by 
rodents, birds, and human activities (Smith 1985, p. 187). According to 
the HWRA, this species has a high risk of invasiveness or a high risk 
of becoming a serious pest (PIER 2013).
     Casuarina equisetifolia (ironwood), native to Australia, 
is a tall tree (66 ft; 20 m) and is naturalized in the Northwest 
Hawaiian Islands on Kure, Midway Atoll, Pearl and Hermes, Lisianski, 
Laysan, French Frigate Shoals, and all of the main Hawaiian Islands 
(Wagner et al. 1999, pp. 528-529; Cronk and Fuller 2001, p. 144 in PIER 
2011). This species is a pioneer plant, salt-resistant, that forms 
monotypic stands in lowland dry and mesic areas and cliffs, under which 
little else grows (PIER 2011). This species spreads by root suckers, 
and the roots and needle litter may exude a chemical that kills or 
inhibits the growth of other plants. Ironwood is fire-resistant, and 
the seeds are wind- and water-dispersed, further contributing to its 
competitive advantage over native species (Staples and Herbst 2005, p. 
229).
     Cenchrus ciliaris (buffelgrass), native to Africa and 
tropical Asia, is naturalized on Midway Atoll and all the main islands 
except Niihau (O'Connor 1999, p. 1512; Wagner et al. 2012, p. 90). This 
fire-adapted grass provides fuel for fires and recovers quickly after 
fire, rapidly increasing its cover because it can reproduce through 
vegetative fragmentation and is readily dispersed by animals or other 
vectors. These attributes allow it to displace native plants and alter 
fire regimes (PIER 2007). This species occurs in coastal and lowland 
dry areas (O'Connor 1999, p. 1512).
     Cenchrus setaceus (formerly known as Pennisetum setaceum; 
fountain grass), a densely tufted grass, is an aggressive colonizer 
that outcompetes most native species. Native to northern Africa, C. 
setaceus is naturalized on Kauai, Oahu, Maui, Lanai, Kahoolawe, and 
Hawaii Island (O'Connor 1999, p. 1581; Wagner et al. 2012, p. 99). This 
fire-adapted grass burns swiftly and hot, causing extensive damage to 
the surrounding habitat (O'Connor 1999, p. 1581). In Hawaii, this 
species occurs in lowland and montane, mesic to dry, and subalpine, 
open areas, cliffs, barren lava flows, and cinder fields (O'Connor 
1999, p. 1581). This species is included on the Hawaii State Noxious 
Weed list as Pennisetum setaceum (HAR Title 4, Subtitle 6, Chapter 68).
     Cestrum diurnum (day cestrum), a shrub up to 7 ft (2 m) 
tall, is native to the West Indies, and cultivated for its fragrant 
flowers. It is naturalized on Kauai, Oahu, and Molokai (Symon 1999, p. 
1254). This species invades lowland mesic and wet areas, forming dense 
thickets. Seeds are dispersed by birds; however, the seeds are 
poisonous to humans and other mammals (Florida Exotic Pest Plant 
Council (FEPC) 2011).
     Cestrum nocturnum (night cestrum), a shrub or small tree 
native to the Antilles and Central America, was cultivated in Hawaii 
prior to 1871, and is naturalized on Kauai, Oahu, Maui, and Lanai 
(Symon 1999, pp. 1254-1255; Wagner et al. 2012, p. 70). It forms dense, 
impenetrable thickets in lowland and montane wet forest and open areas. 
According to the HWRA, this species has a high risk of invasiveness or 
a high risk of becoming a serious pest (PIER 2010).
     Chloris barbata (swollen fingergrass), native to Central 
and South America and the West Indies, is widely naturalized on Kure 
Atoll, Midway Atoll, and all the main Hawaiian islands (O'Connor 1999, 
p. 1514; Wagner et al. 2012, p. 90). This species developed resistance 
to Group C1/5 herbicides in Hawaii in 1987, and infests roadsides and 
sugarcane plantations (WeedScience.com 2009; HBMP 2010). According to 
the HWRA, this species has a high risk of invasiveness or a high risk 
of becoming a serious pest (PIER 2008) because of its ability to 
outcompete native species. It occurs in coastal and lowland dry, 
disturbed areas, roadsides, vacant lots, and pastures (O'Connor 1999, 
p. 1514).
     Chrysophyllum oliviforme (satinleaf) is a small tree 
native to Florida, the West Indies, and Central America, and is 
naturalized on Kauai, Niihau, Oahu, Maui, and Hawaii Island (Pennington 
1999, p. 1231; Wagner et al. 2012, p. 69; PIER 2009). Birds disperse 
the fleshy fruit and the species becomes a dominant component in native 
forest (Pennington 1999, p. 1231; Maui Land and Pineapple Company 2002, 
pp. 20, A1-A4). According to the HWRA, this species has a high risk of 
invasiveness or a high risk of becoming a serious pest (PIER 2006). 
This species has been documented in lowland dry and mesic forest in 
Hawaii.
     Cinchona pubescens (quinine) is a densely-canopied tree up 
to 33 ft (10 m) tall. It is native to Central and South America, and it 
is widely cultivated for quinine (Wagner et al. 1999, p. 1120). A small 
plantation was started on Maui in 1868, and this species was also 
planted by State foresters on Oahu, Maui, and Hawaii Island between 
1928 and 1947. Currently, the only naturalized populations are reported 
from Maui and Hawaii Island (Wagner et al. 1999, p. 1120). It 
reproduces with wind-

[[Page 58874]]

dispersed seeds and also vegetatively by suckering, resulting in 
displacement of native lowland and montane mesic forest (GISD 2011; 
PIER 2013).
     Cinnamomum burmannii (padang cassia), a tree native to 
Indonesia, is cultivated and now naturalized on Kauai, Oahu, Maui, 
Lanai, and Hawaii Island (van der Werff 1999, p. 846; Wagner et al. 
2012, p. 48). Seeds are bird-dispersed (Starr et al. 2003). On Maui, 
this species is included in the weed control program at Puu Kukui 
Preserve, as it becomes a dominant component of lowland and montane wet 
forest habitat (Maui Land and Pineapple Company (MLP) 2002, p. 20).
     Clidemia hirta (Koster's curse) 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; 
Almeda 1999, p. 906). Clidemia hirta is native to the Neotropics, and 
is naturalized on all the main islands except Kahoolawe and Niihau 
(Almeda 1999, p. 906; Wagner et al. 2012, p. 51). All plants in the 
Melastomataceae family are included in the Hawaii State Noxious Weed 
List (HAR Title 4, Subtitle 6, Chapter 68) because of their high 
germination rates, rapid growth, early maturity, ability of fragments 
to root, possible asexual reproduction, and efficient seed dispersal 
(especially by birds that are attracted by the plants' copious 
production of berries) (Smith 1985, p. 194; University of Florida 
Herbarium 2006; https://www.ctahr.hawaii.edu/invweed/weedsHI.html). 
These characteristics enable the plants to be aggressive and successful 
competitors in Hawaiian lowland and montane, dry, mesic, and wet 
ecosystems.
     Coffea arabica (Arabian coffee), a shrub or tree to 17 ft 
(5 m) tall, native to Ethiopia, is widely cultivated in Hawaii as a 
commercial crop. It was naturalized in Hawaii by the mid-1800s in mesic 
to wet sites, usually in valleys or along streambeds on all the main 
islands except Niihau (Wagner et al. 1999, pp. 1120-1121). This species 
is shade-tolerant, and can form dense stands in the forest understory, 
displacing and shading out lowland mesic and lowland wet native 
vegetation. The seeds are dispersed by birds and rats (PIER 2008).
     Conyza bonariensis (hairy horseweed) is an annual herb 
common in urban and nonurban areas in Hawaii. It occurs from coastal 
and lowland dry areas to lowland mesic and lowland wet forest, on Kure 
Atoll, Midway Atoll, Laysan, French Frigate Shoals, and all of the main 
Hawaiian Islands, where it outcompetes and displaces native vegetation 
(Wagner et al. 1999, p. 288).
     Cordyline fruticosa (ki, ti), a shrub to 12 ft (4 m) tall, 
is considered a Polynesian introduction to Hawaii. It was extensively 
cultivated and occurs in lowland mesic and wet valleys and forest and 
is naturalized on all the main islands except Kahoolawe (Wagner et al. 
1999, pp.1348-1350). It can become a dominant element of the understory 
(Department of Land and Natural Resources (DLNR) 1989).
     Cortaderia jubata (pampas grass), a large, clump-forming, 
perennial grass native to the northern Andes, was first reported in 
1987 in Hawaii from the slopes of Haleakala on east Maui, where it had 
escaped cultivation (Wagner et al. 2012, p. 91; PIER 2013). This 
species is a serious pest in California, New Zealand, and South Africa, 
and is included in the Hawaii State Noxious Weed List (Chimera et al. 
1999, p. 3; HAR Title 4, Subtitle 6, Chapter 68). Pampas grass has 
razor-sharp leaves, produces abundant seed, and spreads readily, 
allowing it to outcompete native species in the lowland wet, montane 
wet, and montane mesic ecosystems (Staples and Herbst 2005, p. 744).
     Cotoneaster pannosus (silver-leaf cotoneaster) is a shrub 
native to China that is cultivated in Hawaii (Volcano on Hawaii Island 
and Kula, Maui) (Wagner et al. 1999, p. 1100; Wagner et al. 2012, p. 
61). Previously thought to be contained, this species has escaped and 
become a threat to native montane mesic, montane dry, and subalpine 
ecosystems on Maui and Hawaii Island (Oppenheimer 2010, in litt.). The 
attractive, bird-dispersed fruits, aggressive root systems, and 
tendency to shade out and smother native plants contribute to the 
invasiveness of this species (PIER 2010).
     Cryptomeria japonica (Japanese cedar, tsugi) is a 
pyramidal evergreen tree native to China and Japan. This tree grows to 
60 ft (18m) and has dense foliage (North Carolina State University 
2006; University of Connecticut 2006). Its life-history traits of small 
seed mass, short juvenile period, and short intervals between large 
seed crops contribute to its invasiveness (Richardson and Rejmanek 
2004, p. 321). This species is also highly flammable and is not 
recommended for landscaping in fire-prone areas (Scripps Ranch Fire 
Safe Council 2006, in litt.). It occurs in lowland wet and montane wet 
areas of Maui and Hawaii Island (Wagner et al. 2012, p. 107; 
Smithsonian Institution Online Herbarium Database 2015, in litt.).
     Cuphea carthagenensis (tarweed) is an annual or short-
lived perennial herb native to South America and naturalized in lowland 
mesic to wet areas on Kauai, Oahu, Molokai, Maui, Lanai, and Hawaii 
Island (Wagner et al. 1999, p. 866; Wagner et al. 2012, p. 49). This 
species forms dense, shrubby mats that displace and prevent the 
establishment of native plants (Hawaii National Park 1959, p. 7; Wagner 
et al. 1999, p. 866).
     Cyclosorus dentatus (previously Christella dentata) (NCN) 
is a medium-sized fern widely distributed in the tropics and subtropics 
of the Old World, now widespread as a weed in the Americas. In Hawaii, 
this species is most common in disturbed lowland and montane mesic and 
wet habitats on all the main Hawaiian Islands (Wagner et al. 2012, p. 
103). This fern hybridizes with the endemic Cyclosorus cyatheoides, 
forming extensive numbers of the sterile hybrid (Palmer 2003, pp. 88-
90).
     Cynodon dactylon (Bermuda grass, manienie) is a strongly 
rhizomatous or stoloniferous grass native to tropical Africa (O'Connor 
1999, p. 1520). Introduced to Hawaii in 1935, it is widely cultivated 
and naturalized on Kure, Midway, Pearl and Hermes atolls, Laysan, 
French Frigate Shoals, and all of the main Hawaiian Islands except 
Niihau (O'Connor 1999, p. 1520; Wagner et al. 2012, p. 91). This grass 
occurs in rocky or sandy sites in dry and mesic areas, from coastal to 
alpine habitats, and forms a solid mat where seepage may be present. 
Cynodon dactylon outcompetes native species as it readily roots at the 
nodes, covering an area of up to 26 sq ft (2.5 sq m) within 150 days, 
with culms up to 4 ft (130 cm) long (PIER 2013). According to the HWRA, 
this species has a high risk of invasiveness or a high risk of becoming 
a serious pest (PIER 2013).
     Dactylis glomerata (cocksfoot), a tufted, perennial grass 
native to Europe, is widely cultivated and now naturalized in Hawaii. 
It is abundant in pastures and along trails and roadsides on Kauai, 
Oahu, Molokai, Maui, and Hawaii (O'Connor 1999, p. 1521). This species 
establishes in disturbed sites in dry cliff to subalpine habitat, and 
forms dense mats that suppress growth of native grasses and herbaceous 
plants (PIER 2010).
     Delairea odorata (formerly known as Senecio mikanioides, 
German ivy), a rapidly growing perennial vine, native to South Africa, 
is naturalized on Maui and Hawaii Island (Wagner et al. 1999, p. 356; 
Staples and Herbst 2005, p. 169; Benitez et al. 2008, p. 38; Wagner et 
al. 2012, p. 16). This bushy vine covers and suppresses growth and 
germination of

[[Page 58875]]

native species by rooting at leaf nodes and carpeting other plants and 
the ground. It can also grow in forest canopy, where it smothers and 
kills native trees in lowland and montane mesic areas (Benitez et al. 
2008, p. 38; PIER 2012; Weeds of Blue Mountains Bushland 2011, in 
litt.).
     Digitaria insularis (sourgrass) is a densely tufted, 
perennial grass up to 5 ft (150 cm) tall. It is native to the 
Neotropics, and is naturalized on Midway Atoll and all the main 
Hawaiian islands (O'Connor 1999, p. 1531; Wagner et al. 2012, p. 92). 
This grass forms dense mats that crowd out native species (Motooka et 
al. 2003, in litt.) in disturbed coastal, lowland dry and cliff 
habitats (O'Connor 1999, p. 1531).
     Digitaria setigera (kukaepuaa, itchy crabgrass), an annual 
3-ft tall (80 cm) grass, is native to tropical Asia from India to Sri 
Lanka, and the Pacific Islands. It is naturalized on all of the main 
Hawaiian Islands except Kahoolawe in lowland mesic forest, fields and 
pastures, and along roadsides (O'Connor 1999, pp. 1531-1532). This 
species rapidly spreads through runners and prolific seeding.
     Drymaria cordata (chickweed) is a straggling herb 
naturalized in shaded moist areas on Kauai, Oahu, Molokai, Maui, Lanai, 
and Hawaii Island (Wagner et al. 1999, p. 505; Wagner et al. 2012, p. 
26). This species is known to invade plantation crops such as tea and 
coffee, as well as pastures, lawns, gardens, riverbanks, ditches, and 
sandbars in rivers, displacing or preventing the establishment of 
native plants in lowland wet and montane wet habitats (PIER 2010).
     Ehrharta stipoides (meadow ricegrass), a grass native to 
Australia, New Zealand, and the Philippines, is naturalized on all the 
main Hawaiian Islands except Lanai (O'Connor 1999, p. 1536; Wagner et 
al. 2012, p. 93). This species creates thick mats and its bristled 
seeds are easily dispersed, preventing the establishment of native 
plants in lowland mesic, lowland wet, montane wet, montane mesic, dry 
cliff, and wet cliff habitats (U.S. Army Garrison 2006, p. 2-1-20; 
O'Connor 1999, p. 1536).
     Epilobium billardierianum ssp. cinereum (willow herb), a 
(native to Australia, New Zealand, and Chatham Islands) and E. ciliatum 
(native to North America, Japan, Asia, Mexico, and South America) are 
perennial herbs naturalized in open forest and disturbed grassland, and 
especially on open lava, pastures, and along roadsides on Kauai, Oahu, 
Maui, and Hawaii Island (Wagner et al. 1999, p. 995; Wagner et al. 
2012, p. 56). These species are dominant components of subalpine areas 
on Maui and in wet forest on Hawaii Island, Maui, and Kauai, growing to 
5 ft (2 m) in height, and outcompeting native plant species (Anderson 
et al. 1992, p. 328). Seeds are wind-dispersed; rapid germination and 
spread are not effectively controlled by herbicides (Oregon State, 
2015, in litt.). These species are self-compatible and also can 
reproduce from leafy rosettes from the stem base (Wagner et al. 1999, 
p. 995; New England Wildflower Society, in litt.). Epilobium spp. 
invade montane mesic, montane wet, montane dry, and subalpine forest on 
Maui, Kauai, and Hawaii Island (Wagner et al. 1999, p. 995; Wagner et 
al. 2012, p. 56).
     Erechtites valerianifolia (fireweed) is a tall (8 ft, 2.5 
m), widely distributed annual herb that produces thousands of wind-
dispersed seeds, and outcompetes native plants (Wagner et al. 1999, p. 
314). Native to Mexico and South America, this species is naturalized 
in disturbed lowland wet, montane wet, and wet cliff habitats on all of 
the main islands except Niihau (Wagner et al. 2012, p. 11).
     Erigeron karvinskianus (daisy fleabane), an annual or 
perennial herb native to Central and South America and the Neotropics, 
reproduces and spreads rapidly to form dense mats by stem layering and 
regrowth from broken roots. This species crowds out and displaces 
native ground-level plants (Weeds of Blue Mountains Bushland 2006), and 
occurs in lowland to montane, mesic to wet habitats on Kauai, Oahu, 
Molokai, Maui, and Hawaii Island (Wagner et al. 1999, p. 315; Wagner et 
al. 2012, p. 12).
     Eucalyptus spp. are tall trees or shrubs, and almost all 
of the more than 600 species are native to Australia (Chippendale 1999, 
pp. 948-959). In an attempt to protect Hawaii's watersheds in the early 
20th century, over 90 Eucalyptus species and thousands of individuals 
were planted by Hawaii State foresters on all the main islands except 
Niihau and Kahoolawe (Cuddihy and Stone 1990, p. 51; Chippendale 1999, 
p. 949; Wagner et al. 2012, pp. 53-54). Approximately 30 species are 
reported to be spreading beyond the forestry plantings. Three species 
species in particular, Eucalyptus grandis (flooded gum), E. paniculata 
(gray ironbark), and E. saligna (Sydney blue gum), were the principal 
species used in reforestation efforts and greatly threaten native 
habitat in Hawaii (Chippendale 1999, p. 958). Eucalyptus are quick-
growing, reach up to 180 ft (55 m) in height, reproduce from wind-
dispersed seeds, thereby outcompeting and replacing native forest 
species in lowland wet and montane wet habitats (PIER 2011). According 
to the HWRA for Eucalyptus, these species have a high risk of 
invasiveness or a high risk of becoming a pest species (PIER 2011).
     Falcataria moluccana (albizia), a tree up to 130 ft (40 m) 
tall, is native to the Moluccas, New Guinea, New Britain, and the 
Solomon Islands. This species was widely planted in Hawaii for 
reforestation and is naturalized in lowland mesic to lowland wet areas 
on all the main Hawaiian islands except Kahoolawe and Niihau (Geesink 
et al. 1999, p. 690; Wagner et al. 2012, p. 41). Its rapid growth habit 
enables it to outcompete and shade out native trees, and its high-
nitrogen leaf litter alters nutrient dynamics in the soil, allowing 
nonnative plant species to flourish (GISD 2011, in litt.). The roots 
are shallow and the wood is brittle, and falling branches are a hazard 
to humans, animals, and other vegetation (State of Hawaii 2013, in 
litt. (S.C.R. No. 74)).
     Ficus microcarpa (Chinese banyan) is a very large, 
spreading tree native to Ceylon, India, China, Ryuku Islands, 
Australia, and New Caledonia, and is naturalized on Midway Atoll and 
all the main Hawaiian islands except Kahoolawe and Niihau (Wagner et 
al. 1999, pp. 924-926; Wagner et al. 2012, p. 52). This epiphytic 
species has large branches with numerous aerial roots that form 
columnar stems, eventually strangling its host, and can shade out 
native plants with its broad canopy. Seeds are spread by birds (Motooka 
et al. 2003, in litt.). This species occurs in lowland mesic habitat in 
Hawaii (Wagner et al. 1999, pp. 924-926).
     Fraxinus uhdei (tropical ash) is a tree to 80 ft (24 m) 
tall, native to central and southern Mexico. In Hawaii, between 1924 
and 1960, over 700,000 trees were planted by State foresters on all the 
main islands (except Kahoolawe and Niihau) (Wagner et al. 1999, p. 
991). Tropical ash is now naturalized in lowland mesic and montane 
mesic habitat, and is currently considered a serious threat to the 
mesic native Acacia-Metrosideros (koa-ohia) forest at Waikamoi on east 
Maui (TNCH 2006, p. A5). This species reproduces by wind-dispersed seed 
and spreads rapidly along watercourses and forms dense, monotypic 
stands, crowding out and replacing native plants (Holt 1992, pp. 525-
535).
     Grevillea robusta (silk oak) is a large (100 ft, 30 m) 
evergreen tree native to Australia (Wagner et al. 1999, p. 1086; PIER 
2013). Over two million trees were planted in Hawaii between 1919 and 
1959, in an effort to reduce erosion and to provide timber (Motooka

[[Page 58876]]

et al. 2003, in litt.). This species is an aggressive, drought-tolerant 
tree, with the ability to establish in little to no soil, and forms 
dense, monotypic stands (Santos et al. 1992, p. 342). The leaves 
produce an allelopathic substance that inhibits the establishment of 
other plants (Smith 1985, p. 191). This species occurs in lowland to 
montane, dry to mesic forest and open areas on all the main Hawaiian 
Islands except Kahoolawe (Wagner et al. 1999, p. 1086; Wagner et al. 
2012, p. 61).
     Hedychium coronarium (white ginger) is an herbaceous 
perennial up to 7 ft (2 m) tall, native to southwestern China and the 
Himalayas (Nagata 1999, p. 1622). White ginger is naturalized in 
lowland mesic forest on Oahu, Molokai, Lanai, Maui, and Hawaii Island 
(Nagata 1999, p. 1622). This species is shade tolerant but can grow in 
full sun (Csurhes and Hannan-Jones 2008, p. 7). Similar to H. 
gardnerianum, the creeping growth habit of H. coronarium overwhelms 
native plants, and is difficult to control due to new growth from 
rhizomes (GISD 2011).
     Hedychium gardnerianum (kahili ginger) is native to India 
(Nagata 1999, p. 1623). This showy ginger was introduced to Hawaii for 
ornamental purposes, and was first collected outside of cultivation in 
1954 at Hawaii Volcanoes National Park, and is now naturalized in 
lowland wet and montane wet areas on Kauai, Oahu, Maui, Lanai, and 
Hawaii Island (Nagata 1999, p. 1623; Wester 1992, pp. 99-154; Wagner et 
al. 2012, p. 102). Kahili ginger grows over 3 ft (1 m) tall in open 
light environments; however, it will readily grow in full shade beneath 
forest canopy (Smith 1985, pp. 191-192). It forms vast, dense colonies, 
displacing other plant species, and reproduces by rhizomes. The 
conspicuous fleshy red seeds are dispersed by fruit-eating birds. 
Studies show that ginger reduces the amount of nitrogen in the native 
Metrosideros forest canopy in Hawaii (Asner and Vitousek 2005, in 
litt.). This species may also block stream edges, altering water flow 
(GISD 2007).
     Heliocarpus popayanensis (moho) is a nearly 100-ft (30-m) 
tall tree native to Mexico and Argentina. This species was planted 
extensively in Hawaii by foresters beginning in 1941, and has since 
escaped into lowland wet forest and cliffs on Kauai, Oahu, Lanai, and 
Hawaii Island (Wagner et al. 1999, p. 1292; Wagner et al. 2012, p. 72). 
The seeds are wind-dispersed, and this species is becoming a dominant 
feature is some forest areas on Oahu (Smith 1998). It grows rapidly, 
and spreads readily in disturbed forest where it can outcompete native 
vegetation (Motooka et al. 2003, in litt.).
     Heterotheca grandiflora (telegraph weed) is an annual or 
biennial herb native to California and Mexico and now common from 
lowland to subalpine habitats of all the main Hawaiian Islands except 
Niihau (Wagner et al. 1999, p. 326; Wagner et al. 2012, p. 13). This 
species is an opportunistic colonized that grows quickly, forms dense 
stands, and has been observed to inhibit recruitment of native plants 
in montane dry areas (Csurhes 2009, p. 2; PIER 2011).
     Holcus lanatus (common velvetgrass), native to Europe, is 
naturalized in Hawaii from montane to subalpine habitat, and occurs on 
all the main islands except Kahoolawe and Niihau (O'Connor 1999, p. 
1551; Wagner et al. 2012, p. 95). It is an aggressive plant, growing 
rapidly from basal shoots or its prolific seed, and can become a 
dominant element of the vegetation if not controlled (Smith 1985, p. 
192). Allelopathy may also play a role in the dominance of this species 
over other grasses (Remison and Snaydon in Pitcher and Russo 2005, p. 
2).
     Hypochoeris radicata (hairy cat's ear) is a perennial herb 
up to 2 ft (0.6 m) tall, native to Eurasia. In Hawaii, it is 
naturalized in montane wet to dry cliff and subalpine sites on all the 
main islands (Wagner et al. 1999, p. 327; Wagner et al. 2012, p. 13). 
This species has a deep, succulent taproot favored by feral pigs, which 
dig up large areas searching for the roots (Smith 1985, p. 192). Seeds 
are produced in large numbers and dispersed by wind. It regenerates 
rapidly from the crown of the taproot after fire (Smith 1985, p. 192). 
These attributes contribute to its ability to outcompete native plants.
     Juncus effusus (Japanese mat rush) is a perennial herb 
widely distributed in temperate regions and naturalized in Hawaii in 
montane ponds, streams, and open boggy sites on Oahu, Molokai, Maui, 
and Hawaii Island (Coffey 1999, p. 1453; Wagner et al. 2012, p. 84). It 
was brought to Hawaii as a source of matting material, but grew too 
slowly to be of commercial value (Coffey 1999, p. 1453). This plant 
spreads by seeds and rhizomes, and forms dense mats that crowd out 
native plants (U.S. Department of Agriculture-Agricultural Research 
Division-National Genetic Resources Program (USDA-ARS-NGRP) 2011).
     Juncus ensifolius (dagger-leaved rush), a perennial herb 
native to the western United States, is naturalized in Hawaii and 
occurs in standing water of marshy montane wet areas on Maui and Hawaii 
Island (Coffey 1999, p. 1453; Wagner et al. 2012, p. 84). This weedy 
colonizer can tolerate environmental stress and outcompete native 
species (Pojar and MacKinnon 1994, in litt.).
     Juncus planifolius (bog rush), a perennial herb native to 
South America, New Zealand, and Australia, is naturalized on Kauai, 
Oahu, Molokai, Maui, Lanai, and Hawaii Island, in moist, open, 
disturbed margins of lowland and montane wet forests and in bogs 
(Coffey 1999, pp. 1453-1454; Wagner et al. 2012, p. 84). This species 
forms dense mats and displaces native plants by preventing 
establishment of native seedlings (Medeiros et al. 1991, pp. 22-23).
     Kalanchoe pinnata (air plant), a perennial herb, is widely 
established in many tropical and subtropical areas. In Hawaii, it was 
naturalized prior to 1871, and is abundant in low-elevation coastal, 
dry, and mesic areas on all the main islands except Niihau and 
Kahoolawe (Wagner et al. 1999, p. 568). It can reproduce by 
vegetatively at indents along the leaf margin, usually after the leaf 
has broken off the plant and is lying on the ground, from which a new 
plant can take root (Motooka et al. 2003, in litt.). This species forms 
dense stands that prevent reproduction of native plants (Motooka et al. 
2003, in litt.; Randall 2007-Global Compendium of Weeds Database).
     Lantana camara (lantana), a malodorous, branched shrub up 
to 6 ft (3 m) tall, was brought to Hawaii as an ornamental plant and is 
now naturalized on Midway Atoll and all the main Hawaiian Islands. This 
species forms dense stands that prevent establishment of native plants 
(Davis et al. 1992, p. 412; Wagner et al. 1999, p. 1320; Motooka et al. 
2003, in litt.). Its berries are attractive to birds, which spread it 
to new areas (Davis et al. 1992, p. 412). This species occurs in almost 
all habitat types, from coastal, dry to mesic, lowland to montane 
forest and shrubland.
     Lapsana communis (nipplewort) is an annual herb (to 5 ft, 
1.5 m) native to Eurasia, and is naturalized in montane wet forest, dry 
cliff, and alpine habitat (3,200 m) on Maui and Hawaii Island (Wagner 
et al. 1999, p. 331). It is identified as an agricultural weed and an 
invasive species in Hawaii (USDA-NRCS 2011).
     Leonotis nepetifolia (lion's ear) is a coarse, annual herb 
(to 8 ft, 2.5 m), native to tropical Africa, and is naturalized on all 
the main Hawaiian islands except Kahoolawe and Niihau (Wagner et al. 
1999, p. 803; Wagner et al. 2012, p. 46). It forms dense thickets that 
displace native plants, especially in lowland dry habitat (Wagner et 
al. 1999,

[[Page 58877]]

p. 803). According to the HWRA, this species has a high risk of 
invasiveness or a high risk of becoming a serious pest (PIER 2006).
     Leptospermum scoparium (tea tree) is a shrub or small tree 
(7 to 16 ft (2 to 5 m)) native to New Zealand and Australia, and now 
naturalized on Kauai, Oahu, Maui, and Lanai (Wagner et al. 1999, p. 
963; Wagner et al. 2012, p. 55). It forms thickets that crowd out other 
plants, and has allelopathic properties that prevent the growth of 
native plants (Smith 1985, p. 193). This species occurs in disturbed 
lowland to montane, mesic to wet forest habitat (Wagner et al. 1999, p. 
963).
     Leucaena leucocephala (koa haole), a shrub (30 ft (9 m)) 
native to the Neotropics, is now naturalized on all of the main 
Hawaiian Islands and Midway Atoll. It is an aggressive, nitrogen-fixing 
competitor that often becomes the dominant component of vegetation in 
coastal and lowland dry areas (Geesink et al. 1999, pp. 679-680).
     Lythrum maritimum (loosestrife), native to Peru, is a 
many-branched shrub occurring in drier open areas and cliffs on all of 
the main Hawaiian islands except Kahoolawe and Niihau (Wagner et al. 
1999, p. 868; Wagner et al. 2012, p. 49). It was collected by botanists 
as early as 1794, suggesting it may be indigenous to the Hawaiian 
Islands; however, L. maritimum is identified as an invasive species in 
Hawaii (Stone et al. 1992, p. 104; USDA-NRCS 2011).
     Melia azedarach (chinaberry) is a deciduous tree (to 65 ft 
(20 m)) native to southwestern Asia that is invading forests, fence 
lines, and disturbed areas on all of the main Hawaiian islands except 
Kahoolawe (Wagner et al. 1999, p. 918; Wagner et al. 2012, p. 52). Its 
fast growth and rapidly spreading thickets make it a significant pest 
plant by shading out and displacing native vegetation (University of 
Florida 2008). Feral pigs and fruit-eating birds further distribute the 
seeds (Stone 1985, pp. 194-195). According to the HWRA, this species 
has a high risk of invasiveness or a high risk of becoming a serious 
pest (PIER 2008). This species occurs in dry, open habitats and cliffs 
(Wagner et al. 1999, p. 918).
     Melinis minutiflora (molasses grass), native to Africa, is 
naturalized on all the main Hawaiian islands except Niihau (O'Connor 
1999, p. 1562). Melinis minutiflora is a spreading, perennial grass up 
to 3 ft (1 m) tall that forms dense mats from root runners, crowding 
out and preventing establishment of native plants. These mats can fuel 
more intense fires and dense stands can contribute to recurrent fires, 
with rapid expansion into adjacent burned areas (Cuddihy and Stone 
1990, p. 89; O'Connor 1999, p. 1562; PIER 2013). This species occurs in 
almost all habitats, from dry to wet, lowland to montane (O'Connor 
1999, p. 1562).
     Melinis repens (natal redtop), a perennial grass (1 to 3 
ft (0.3 to 1 m)) native to Africa, is now naturalized on Midway Atoll 
and all of the main Hawaiian islands (O'Connor 1999, p. 1588; Wagner et 
al. 2012, p. 99). This species invades disturbed, dry areas from 
coastal regions to subalpine forest (O'Connor 1999, p. 1588). Dense 
stands of natal redtop can contribute to recurrent fires (Desert Museum 
2011).
     Miconia calvescens (miconia or velvet tree), a tree up to 
50 ft (15 m) tall, native to tropical America, first appeared on Oahu 
and the island of Hawaii as an introduced garden plant and subsequently 
escaped from cultivation (Almeda 1999, p. 903; Staples and Herbst 2005, 
p. 397). This species is now also found on Kauai and Maui (Wagner and 
Herbst 2003, p. 34; Wagner et al. 2012, p. 51). This species is 
remarkable for its 2- to 3-ft (70 cm) long, dark purple leaves (Staples 
and Herbst 2005, p. 397). It tolerates and reproduces in dense shade in 
lowland wet habitats, eventually shading out all other plants to form a 
monoculture. A single mature plant produces millions of seeds per year, 
which are spread by birds, ungulates, and humans (Motooka et al. 2003, 
in litt.). According to the HWRA assessment, miconia has a high risk of 
invasiveness or a high risk of becoming a serious pest (PIER 2010). 
This species, as well as all plants in the Melastoma family, are 
included on the Hawaii State Noxious Weed list (HAR Title 4, Subtitle 
6, Chapter 68).
     Morella faya (firetree) is an evergreen shrub or small 
tree (26 ft (8 m)) native to the Canary Islands, Madeira, and the 
Azores, and naturalized on Kauai, Oahu, Maui, Lanai, and Hawaii Island 
(Wagner et al. 1999, p. 931; Wagner et al. 2012, p. 53). This species 
forms monotypic stands, is a nitrogen-fixer, and alters the 
successional ecosystems in areas that it invades by displacing native 
vegetation through competition. It is a prolific fruit producer 
(average of 400,000 fruits per tree per year), and these fruit are 
spread by birds and feral pigs (Vitousek 1990, pp. 8-9; Wagner et al. 
1999, p. 931; PIER 2008). This species is included in the Hawaii State 
Noxious Weed List (HAR Title 4, Subtitle 6, Chapter 68), and is 
reported from lowland to montane mesic and wet forest habitat (PIER 
2008).
     Neonotonia wightii (previously Glycine wightii; glycine), 
a twining herb native to Central and South America, is naturalized on 
all the main Hawaiian islands except Niihau (Geesink et al. 1999, p. 
674; Wagner et al. 2012, p. 39). It was brought to Hawaii for 
cultivation as a fodder plant. This species forms dense patches in 
coastal and lowland dry areas, and covers and outcompetes other plants 
(Geesink et al. 1999, p. 674; PIER 2010).
     Nicotiana glauca (tree tobacco), a shrub or spindly tree, 
is native to Argentina, and naturalized on all the main Hawaiian 
islands except Kauai and Niihau (Symon 1999, pp. 1261-1263; Wagner et 
al. 2012, p. 71). A drought-resistant plant, it occurs in lowland, 
open, arid, disturbed sites, and forms dense stands that crowd out 
native species and prevent their regeneration (Symon 1999, pp. 1261-
1263; HBMP 2010; PIER 2011). According to the HWRA assessment, this 
species has a high risk of invasiveness or a high risk of becoming a 
serious pest (PIER 2011).
     Omalanthus populifolius (Queensland poplar) is a large 
shrub (20 ft (6 m)) native to Australia that is now naturalized on Maui 
and Hawaii Island (Starr et al. 2003, in litt.). Based on information 
from its native range, infestations in Hawaii could invade lowland 
mesic forest. As a pioneer species, it is considered a potential pest 
plant in South Africa (Starr et al. 2003, in litt.). Bird-dispersed 
seeds germinate quickly when exposed to direct sunlight, but also have 
a long dormancy period, providing a long-lived seed bank (Hornsby Shire 
Council 2015, in litt.).
     Oplismenus hirtellus (basketgrass) is a perennial grass 
common through the tropics and now naturalized on all of the main 
Hawaiian Islands except Kahoolawe and Niihau (O'Connor 1999, p. 1565; 
Wagner et al. 2012, pp. 96-97). This species forms a dense ground 
cover, is sometimes climbing, and roots at the nodes, enabling its 
rapid spread. It also has sticky seeds that attach to animals and birds 
that results in its spread to new areas (O'Connor 1999, p. 1565; 
Johnson 2005, in litt.). This species displaces native plants on forest 
floors and trail sides, and occurs in lowland wet forest and cliffs 
(Motooka et al. 2003, in litt.; O'Connor 1999, p. 1565).
     Paspalum conjugatum (Hilo grass) is a perennial grass 
native to the Neotropics, up to 2 ft (0.6 m) tall, and occurs in 
lowland mesic and wet habitats, forming a dense ground cover. It occurs 
on all the main Hawaiian islands except Kahoolawe and Niihau (O'Connor 
1999, pp. 1575-1576). Its small hairy seeds are easily transported on 
humans and animals, or are carried

[[Page 58878]]

by the wind through native vegetation, where it establishes and 
displaces native plants (University of Hawaii Botany Department 1998; 
Cuddihy and Stone 1990, p. 83; Motooka et al. 2003, in litt.; PIER 
2008).
     Passiflora edulis (passion fruit), native to South 
America, is a vigorous vine that can reach up to 50 ft (15 m) in 
length. This species is widely cultivated for its fruit juice, and is 
naturalized in lowland to montane mesic areas on all the main Hawaiian 
islands except Kahoolawe and Niihau (Escobar 1999, p. 1010; Wagner et 
al. 2012, p. 57). Seeds are dispersed by feral pigs, and this vine 
overgrows and smothers forest canopy. Rooting and trampling by feral 
pigs in search of its fruit disrupts topsoil, causing erosion, and may 
also destroy native plant seedlings (GISD 2012).
     Passiflora foetida (love-in-a-mist) is a vine with 
glandular hairs that give the plant a fetid odor. This species, native 
to American tropics and subtropics, is naturalized on all the main 
Hawaiian islands except Kahoolawe, and grows over and covers vegetation 
that prevents or delays establishment of native species (Escobar 1999, 
p. 1011; Wagner et al. 2012, p. 57). Its fruit are eaten and spread by 
birds (Escobar 1999, p. 1011; GISD 2006). This species occurs in 
lowland dry and wet habitat (Escobar 1999, p. 1011).
     Passiflora laurifolia (yellow granadilla, water lemon) is 
a vine native to the West Indies, Guianas, and South America, where it 
is widely cultivated (Escobar 1999, p. 1011). In Hawaii, it widely 
scattered in mostly inaccessible lowland mesic to wet habitat, and can 
grow over and smother vegetation (Escobar 1999, p. 1011; Starr et al. 
2003, in litt.).
     Passiflora suberosa (huehue haole), a vine, has many-
seeded purple fruits that are dispersed widely by birds. This species 
is native to the American subtropics and the West Indies, and 
naturalized on Kauai, Oahu, Maui, Lanai, and Hawaii Island (Escobar 
1999, p. 1014; Wagner et al. 2012, p. 57). This vine grows over and 
smothers ground cover, shrubs, and small trees, sometimes reaching the 
upper canopy layer of the forest (Smith 1985, pp. 191-192). Passiflora 
suberosa occurs in lowland grassland, shrubland, open dry to wet 
forest, and exposed cliff habitats (Escobar 1999, p. 1014).
     Passiflora tarminiana (banana poka), a vine native to 
South America, is widely cultivated for its fruit (Escobar 1999, pp. 
1007-1014). First introduced to Hawaii in the 1920s, it is now a 
serious pest in montane mesic and subalpine forest on Kauai, Maui, and 
Hawaii Island, where it overgrows and smothers the forest canopy 
(Escobar 1999, p. 1012; Wagner et al. 2012, p. 57). Seeds are readily 
dispersed by humans, birds, and feral pigs (La Rosa 1992, pp. 281-282). 
Fallen fruit encourage rooting and trampling by pigs, resulting in 
destruction of native habitat (Diong 1982, pp. 157-158). Field releases 
of biocontrol agents have not been successful to date (PIER 2010). This 
species is included on the Hawaii State Noxious Weed list (HAR Title 4, 
Subtitle 6, Chapter 68).
     Persicaria punctata (previously Polygonum punctatum, water 
smartweed), a rhizomatous perennial herb native to North America, South 
America, and the West Indies, is a naturalized aquatic species found 
along streambeds, running or standing water, in lowland and montane wet 
habitat on Hawaii Island (Wagner et al. 1999, p. 1064; Wagner et al. 
2012, p. 59). This species is fast-growing and has long-lived seeds and 
allelopathic properties (Gutsher 2007, in litt.). Loh and Tunison 
(1998, p. 5) found that in pig-disturbed sites, P. punctata expanded 
from 25 percent cover to 63 percent cover within 2 years. The 
combination of these attributes allows this species to form dense 
patches that inhibit establishment of native plants.
     Pimenta dioica (allspice), native to Mexico, Central 
America, Cuba, and Jamaica, is a tree (60 ft (18 m)) with sticky, 
grape-like seeds that are spread by birds. Widely cultivated, this 
species was introduced to Hawaii in 1885, and is naturalized on Kauai 
and Maui (Staples and Herbst 2005, p. 427; Wagner et al. 2012, p. 53). 
According to the HWRA, this species has a high risk of invasiveness or 
a high risk of becoming a serious pest (PIER 2008). This tree forms 
dense thickets and tolerates a wide range of soil types, and can 
outcompete native plants, and is naturalized in lowland wet forest.
     Pinus spp. (pine tree) are tall, evergreen trees or shrubs 
native to all continents and to some oceanic islands, but are not 
native to any of the Hawaiian Islands. Pinus caribaea var. hondurensis, 
P. elliottii, P. patula, P. pinaster, P. radiata, and P. taeda are 
naturalized on Molokai, Lanai, and Maui (Little and Skolmen 1989, pp. 
56-60; Oppenheimer 2003, pp. 18-19; PIER 2011; Wagner et al. 2012, p. 
107). Pinus species were primarily planted by Hawaii State foresters 
for reforestation and erosion control (Little and Skolmen 1989, pp. 56-
60; Oppenheimer 2003, pp. 18-19; PIER 2010). Pinus species are known to 
establish readily; create dense stands that shade out native plants and 
prevent regeneration; outcompete native plants for soil, water, and 
nutrients; change soil chemistry; promote growth of weed seeds dropped 
by perching birds; and be highly flammable (Oppenheimer 2010, in litt.; 
PIER 2010). On east Maui, Pinus species are a threat to higher 
elevation habitat because they invade pastures and native montane mesic 
and subalpine shrublands, and have contributed to wildfires in the area 
(Oppenheimer 2002, pp. 19-23; Oppenheimer 2010, in litt.).
     Pluchea carolinensis (sourbush) is native to Mexico, the 
West Indies, and South America (Wagner et al. 1999, p. 351; Wagner et 
al. 2012, p. 16). This 3 to 6 ft (1 to 2 m) tall, fast-growing shrub 
forms thickets in lowland dry habitats and can tolerate saline 
conditions. This species is widespread in Hawaii from coastal to 
lowland areas and is adapted to a wide variety of soils and sites on 
Kure Atoll, Midway Atoll, French Frigate Shoals, and all the main 
islands (Wagner et al. 1999, p. 351). The seeds are wind-dispersed 
(Francis 2004, in litt.). It quickly invades burned areas. These 
adaptive characteristics increase its ability to outcompete native 
plants. Some biological control agents have been introduced but have 
not been effective (U.H. Botany Department, https://www.botany.hawaii.edu/faculty/cw_smith/plu_sym.htm).
     Pluchea indica (Indian fleabane) is native to southern 
Asia, and is naturalized on Midway Atoll, Laysan Island, and all the 
main Hawaiian Islands (Wagner et al. 1999, p. 351; Wagner et al. 2012, 
p. 16). These 6 ft (2 m) tall, fast-growing shrubs form thickets in dry 
habitats and are widespread in Hawaii in coastal areas. The seeds are 
wind-dispersed (Francis 2006). It quickly invades burned areas, and can 
regenerate from basal shoots. These traits increase its competitive 
abilities over native plants (Wagner et al. 1999, p. 351).
     Prosopis pallida (kiawe, mesquite) is a tree up to 66 ft 
(20 m) tall. Native to Peru, Columbia, and Ecuador, it was introduced 
to Hawaii in 1828, and its seed pods were used as fodder for ranch 
animals. This species is now a dominant component of the vegetation in 
lowland, dry, disturbed sites, and it is well-adapted to dry habitats 
on Midway Atoll and all the main Hawaiian Islands (Geesink et al. 1999, 
pp. 692-693; Wagner et al. 2012, p. 41). It overshadows other 
vegetation and has deep tap roots that significantly reduce available 
water for native dryland plants. This species fixes nitrogen and can 
outcompete native plants (Geesink et al. 1999, pp. 692-693; PIER 2011).
     Prunella vulgaris (common selfheal) is a perennial herb in 
the mint family.

[[Page 58879]]

This species, native to North and Central America, Europe, and Asia, is 
naturalized in drier areas (including cliffs) on the islands of 
Molokai, Maui, and Hawaii (Wagner et al. 1999, pp. 828-829). It can 
root from stem nodes (PIER 2010). This species is reported as an 
invasive species in Hawaii (USDA-NRCS 2011).
     Psidium cattleianum (strawberry guava) is a tall shrub or 
tree (20 ft (6 m)) that forms dense stands in which few other plants 
can grow, displacing native vegetation through competition. Native to 
the Neotropics, P. cattleianum is naturalized on all the main Hawaiian 
islands except Kahoolawe and Niihau (Wagner et al. 1999, p. 971). 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). This species 
occurs in lowland to montane, mesic to wet habitats (Wagner et al. 
1999, p. 971).
     Psidium guajava (common guava) is a shrub or tree (32 ft 
(10 m)) that forms dense stands, excluding native species. Native to 
the Neotropics, P. guajava is naturalized on all the main Hawaiian 
islands except Kahoolawe and Niihau (Wagner et al. 1999, p. 972). Seeds 
are spread by pigs and birds, and it also regenerates from underground 
parts by suckering (Wagner et al. 1999, p. 972). These traits allow 
this species to outcompete native vegetation in lowland to montane dry, 
mesic, and wet habitats.
     Pterolepis glomerata (NCN) is an herb or subshrub in the 
Melastomataceae family. Native to South America, P. glomerata is 
naturalized on Kauai, Oahu, Molokai, and Hawaii Island (Almeda 1999, p. 
912-913; Wagner et al. 2012, p. 52). This species has rapid growth, 
early maturity to fruiting, a high germination rate, possible asexual 
reproduction, the ability of fragments to root, and seed dispersal by 
birds (University of Florida Herbarium 2006). These attributes allow it 
to displace native vegetation through competition. All plants in the 
Melastomataceae family are included in the Hawaii State Noxious Weed 
List (HAR Title 4, Subtitle 6, Chapter 68). It is a pest in lowland wet 
habitat and along trail margins and cliffs (Almeda 1999, p. 912-913).
     Ricinis communis (castor bean), a shrub or small tree 
native to Africa, is naturalized in lowland mesic habitat on all the 
main Hawaiian Islands (Wagner et al. 1999, p. 629). This fast-growing 
species forms thickets, reaches 33 ft (10 m) in height, and shades and 
crowds out native plants, preventing their regeneration. Its toxic 
seeds are spread mainly by human activities (PIER 2012). According to 
the HWRA assessment, this species has a high risk of invasiveness or a 
high risk of becoming a serious pest (PIER 2012).
     Rubus argutus (prickly Florida blackberry) is a thorny 
shrub with long, arching stems that reproduces both vegetatively and by 
seed. Native to the continental United States, R. argutus is 
naturalized on Kauai, Oahu, Molokai, Maui, and Hawaii Island (Wagner et 
al. 1999, p. 1107; Wagner et al. 2012, p. 62). It readily sprouts from 
underground runners, and is quickly spread by frugivorous birds, 
displacing native vegetation through competition (Tunison 1991, p. 2; 
Wagner et al. 1999, p. 1107; U.S. Army 2006, pp. 2-1-21, 2-1-22). This 
species is included in the Hawaii State Noxious Weed List (HAR Title 4, 
Subtitle 6, Chapter 68). It occurs in almost all areas, from lowland to 
subalpine, dry to wet habitats.
     Rubus ellipticus (yellow Himalayan raspberry), native to 
India, is a prickly, climbing shrub, now naturalized on Hawaii Island 
in montane wet areas; an infestation on Oahu was removed (Wagner et al. 
1999, pp. 1107-1108; Wagner et al. 2012, p. 62). It occurs in montane 
wet areas in the Volcano and Laupahoehoe areas (Motooka et al. 2003, in 
litt.). Its long, arching stems form impenetrable thickets, and cover 
and smother smaller native plants. Seeds are dispersed by frugivorous 
birds and other animals. The plants spread locally by underground 
shoots that also allow it to regenerate rapidly after fire (PIER 2012).
     Rubus rosifolius (thimbleberry) is an erect to trailing 
shrub that forms dense thickets and outcompetes native plant species. 
Native to India, southeastern Asia, the Philippines, and Indonesia, R. 
rosifolius is naturalized on Kauai, Maui, and Hawaii Island (Wagner et 
al. 1999, p. 1110). It readily reproduces from roots left in the 
ground, and seeds are spread by birds and animals (GISD 2008; PIER 
2008). This species occurs in lowland to montane mesic and wet habitats 
(Wagner et al. 1999, p. 1110).
     Sacciolepis indica (glenwood grass) is an annual grass 
that invades disturbed and open areas, and prevents the establishment 
of native plants. Native to the Paleotropics, S. indica is naturalized 
on all the main Hawaiian islands except Kahoolawe and Niihau (O'Connor 
1999, p. 1589; Wagner et al. 2012, p. 99). The seeds are dispersed by 
sticking to animal fur (Motooka et al. 2003, in litt.; PIER 2011). This 
species occurs from lowland to montane elevations in open, wet areas 
such as grasslands, ridge crests, openings in wet forest, and along 
trails (O'Connor 1999, p. 1589).
     Schefflera actinophylla (octopus tree) is a tree (50 ft 
(15 m)) native to Australia and New Guinea, and now naturalized on all 
the main Hawaiian islands except Kahoolawe and Niihau (Lowry II 1999, 
p. 232; Wagner et al. 2012, p. 7). This species is shade-tolerant and 
can spread into undisturbed forest, forming dense thickets in lowland 
mesic and wet habitats (Lowry II 1999, p. 232). Schefflera actinophylla 
grows epiphytically, strangling host trees, and its numerous seeds are 
readily dispersed by birds (PIER 2008).
     Schinus terebinthifolius (Christmas berry or Brazilian 
pepper) is a shrub or tree up to 50 ft (15 m) tall that forms dense 
thickets (Wagner et al. 1999, p. 198). Its red berries are attractive 
to, and are spread by, 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, S. terebinthifolius is 
able to displace native vegetation through competition (Wagner et al. 
1999, p. 198). This species (native to Brazil) occurs in lowland to 
montane, dry to wet habitats on Midway Atoll and all of the main 
Hawaiian islands except Kahoolawe and Niihau (Wagner et al. 1999, p. 
198).
     Senecio madagascariensis (fireweed), native to Madagascar 
and South Africa, is an annual or short-lived perennial herb with showy 
yellow flowers, and is poisonous to grazing animals (PIER 2010). It is 
naturalized in disturbed areas and in pastures, in lowland to montane, 
dry to mesic areas on all the main Hawaiian islands except Niihau 
(Wagner et al. 2012, p. 16). This species occurs in a wide range of 
soils, and its seeds are spread by wind, birds, animals, and humans, 
and can also be spread as a contaminant in agricultural products and 
machinery. It spreads locally by rooting from nodes (PIER 2010). 
According to the HWRA, for this species, there is a high risk of 
invasiveness or a high risk of it becoming a pest species (PIER 2010).
     Setaria palmifolia (palmgrass), native to tropical Asia, 
was first collected on Hawaii Island in 1903, and is now also 
naturalized on Oahu, Lanai, and Maui (O'Connor 1999, p. 1592; Wagner et 
al. 2012, p. 100). A large-leafed, perennial grass, this species 
reaches almost 7 ft (2 m) in height, and shades and crowds out native 
vegetation. Palmgrass is resistant to fire and recovers quickly after 
being burned (Cuddihy and Stone 1990, p. 83). This

[[Page 58880]]

species occurs from lowland to montane elevations in mesic to wet 
areas.
     Setaria verticillata (bristly foxtail), a tufted annual 
grass native to Europe, with culms up to 3 ft (1 m) tall, is 
naturalized on Kure, Midway, and Pearl and Hermes atolls; French 
Frigate Shoals; Nihoa; and all the main Hawaiian Islands (O'Connor 
1999, p. 1593; HBMP 2010). The sticky seed heads are readily moved by 
animals and human activity (PIER 2008). This species outcompetes native 
plants in coastal and lowland dry areas.
     Sphaeropteris cooperi (previously Cyathea cooperi; 
Australian tree fern) is a large tree fern, 13 ft (4 m) tall, with 
individual fronds extending over 13 ft (4 m) (Palmer 2003, pp. 243-
244). It is native to Australia and was introduced to Hawaii for use in 
landscaping, and now naturalized on Kauai, Oahu, Maui, Lanai, and 
Hawaii Island (Medeiros et al. 1992, p. 27; Wagner et al. 2012, p. 
106). It can achieve high densities in lowland and montane Hawaiian 
forests, growing over 1 ft (0.3 m) per year (Jones and Clemesha 1976, 
p. 56), displacing native plant species. Understory disturbance by pigs 
facilitates the establishment of this tree fern (Medeiros et al. 1992, 
p. 30). It has been known to spread over 7 mi (12 km) through windblown 
dispersal of spores from plant nurseries (Medeiros et al. 1992, p. 29). 
This species has been documented in mesic and wet forest and in forest 
openings in wet areas.
     Stachytarpheta spp. are native to Cuba, Mexico, South 
America, West Indies, and tropical Asia. There are four known species 
naturalized in Hawaii: Stachytarpheta australis (on Kauai, Oahu, Maui, 
Lanai, and Hawaii Island), S. cayennensis (on all the main islands 
except Kahoolawe and Niihau), S. jamaicensis (on Midway Atoll, and all 
the main islands except Kahoolawe and Niihau), and S. mutabilis (on 
Kauai) (Wagner et al. 1999, pp. 1321-1324). These annual or perennial 
herbs or subshrubs occur in coastal, lowland dry, and mesic areas, and 
form dense stands (PIER 2011-2013, in litt.). Used intentionally as 
ornamental plants, seeds are dispersed by vehicles, by movement of 
soils from gardens, and by rainwater. Stachytarpheta jamaicensis is 
declared a noxious weed in Australia. According to the HWRA assessment, 
S. cayennensis and S. mutabilis are species with a high risk of 
invasiveness or a high risk of becoming serious pests (PIER 2011-2013, 
in litt.).
     Stapelia gigantea (giant toad plant) is a succulent, 
cactus-like plant native to tropical Africa and Mozambique, and is 
naturalized on Oahu, Molokai, and Maui in lowland dry forest and open 
areas (Wagner et al. 1999, p. 241; Wagner et al. 2012, p. 8). This 
species outcompetes native plants for space and water.
     Syzygium cumini (java plum), a 66 ft- (20 m-) tall tree 
native to India, Ceylon, and Malesia, is widely cultivated and now 
naturalized in Hawaii in lowland mesic and dry cliff habitat on all the 
main islands except Kahoolawe and Niihau (Wagner et al. 1999, p. 975). 
It forms dense cover, excluding all other species, and prevents the 
reestablishment of native forest plants. The large, black fruit is 
dispersed by frugivorous birds and feral pigs (PIER 2008).
     Syzygium jambos (rose apple), a 50 ft (15 m) tall tree, 
brought to Hawaii from Rio de Janeiro in 1825, is naturalized on all 
the main Hawaiian islands except Kahoolawe and Niihau (Wagner et al. 
1999, p. 975). Fruit are dispersed by birds, humans, and possibly feral 
pigs. This tree is particularly detrimental to native ecosystems 
because it does not need disturbance to become established, and can 
germinate and thrive in shade, eventually overtopping and replacing 
native canopy trees (U.S. Army Garrison 2006, p. 2-1-23). This species 
occurs in lowland mesic to wet sites, primarily in valleys (Wagner et 
al. 1999, p. 975).
     Tecoma stans (yellow elder) is a shrub or small tree (32 
ft (10 m)) that forms dense stands that inhibit regeneration of native 
species. Native to Northern and Central America, Argentina, and the 
West Indies, T. stans is naturalized on Oahu, Maui, and Hawaii Island 
(Wagner et al. 1999, p. 389). Its seeds are wind-dispersed (PIER 2008). 
This species occurs in lowland mesic to dry cliff habitat (Wagner et 
al. 1999, p. 389).
     Tibouchina herbacea (glorybush), an herb or shrub up to 3 
ft (1 m) tall, is native to southern Brazil, Uruguay, and Paraguay. In 
Hawaii, it is naturalized and abundant in lowland to montane wet forest 
and cliffs on Molokai, Lanai, Maui, and Hawaii Island (Almeda 1999, p. 
915; Wagner et al. 2012, p. 52). This species forms dense thickets, 
crowding out all other plants, and inhibiting regeneration of native 
plants (Motooka et al. 2003, in litt.). All members of the 
Melastomataceae family are included in the Hawaii State Noxious Weed 
List (HAR Title 4, Subtitle 6, Chapter 68).
     Toona ciliata (Australian red cedar) is a fast-growing, 
almost 100 ft (30 m) tall tree, with wind-dispersed seeds and an open, 
spreading crown that overtops and displaces native forest (Wagner et 
al. 1999, p. 920; Koala Native Plants 2005). This species, native to 
India, southeastern Asia, and Australia, occurs in lowland mesic to 
cliff habitat on all the main Hawaiian islands except Kahoolawe and 
Niihau (Wagner et al. 1999, p. 920; Wagner et al. 2012, p. 52).
     Ulex europaeus (gorse), a woody legume up to 12 ft (4 m) 
tall and covered with spines, is native to Western Europe and is now 
naturalized in montane wet and mesic habitat on Molokai, Maui, and 
Hawaii Island (Geesink 1999, pp. 715-716; Wagner et al. 2012, p. 43). 
It is cultivated and a hedge and fodder plant, and was inadvertently 
introduced to Hawaii before 1910, with the establishment of the wool 
industry (Tulang 1992, pp. 577-583; Geesink 1999, pp. 715-716). Gorse 
produces numerous seeds, which are widely spread by explosive opening 
of the pods (Mallinson 2011, in litt.). It can rapidly form extensive, 
dense and impenetrable infestations, and outcompetes native plants, 
preventing their establishment. Dense patches can also pose a fire 
hazard (Mallinson 2011, in litt.). Over 20,000 ac (8,100 ha) are 
infested by gorse on the island of Hawaii, and over 15,000 ac (6,100 
ha) are infested on Maui (Tulang 1992, pp. 577-583). Gorse is included 
on the Hawaii State Noxious Weed List (HAR Title 4, Subtitle 6, Chapter 
68).
     Urochloa maxima (previously Panicum maximum, guinea 
grass), native to Africa, is cultivated as an important forage grass 
throughout the tropics and is naturalized on Midway (Sand Island) and 
all the main Hawaiian Islands (Davidse 1999, p. 1569; Wagner et al. 
2012, p. 97). This tall grass (10 ft (3 m)) produces profuse seeds that 
are spread by wind, birds, and water. It is strongly allelopathic and 
can form dense stands that exclude native species (PIER 2007). It 
regenerates rapidly from underground rhizomes after a fire (PIER 2007). 
This species has been documented in open, coastal areas, cliffs, and 
open areas of lowland wet forest (PIER 2007).
     Urochloa mutica (previously Brachiaria mutica, California 
grass) is a sprawling perennial grass with culms up to 20 ft (6 m) 
long. Native to Africa, is it now pantropical, and naturalized in 
Hawaii on Midway Atoll and all the main islands except Kahoolawe and 
Niihau (O'Connor 1999, p. 1504; PIER 2012; Wagner et al. 2012, p. 89). 
This species forms dense floating mats in open water, and monotypic 
stands along streams, ditches, and roadsides in wet habitat. It has 
mild allelopathic activity, outcompetes native species, and prevents 
their reestablishment (Chou and Young 1975 in PIER 2012). This grass is 
also fire-adapted, and dead leaves provide a high fuel load.

[[Page 58881]]

According to the HWRA assessment, U. mutica has a high risk of 
invasiveness or a high risk of becoming a serious pest (PIER 2012).
     Verbesina encelioides (golden crown-beard) is a tap-
rooted, annual herb native to Mexico and the southwestern United States 
(Wagner et al. 1999, p. 372). This plant has a number of traits that 
allow it to outcompete native plants, including tolerance of a wide 
range of growing conditions, rapid growth, allelopathic effects on 
other plants, and high seed production and dispersal with high 
germination rates. In addition, it is poisonous to livestock (Shluker 
2002, pp. 3-4, 7-8). Verbesina has become a widespread and aggressive 
weed on both Midway Atoll and Kure Atoll, where it interferes with 
seabird nesting and inhibits native plant growth (Shluker 2002, pp. 3-
4, 8). This species has been documented in coastal habitat on Kure 
Atoll, Midway Atoll, Pearl and Hermes, and all of the main Hawaiian 
Islands except for Niihau (Wagner et al. 1999, p. 372; Wagner et al. 
2012, p. 16).
     Youngia japonica (oriental hawksbeard), an annual herb 3 
ft (1 m) tall and native to southeastern Asia, is now a pantropical 
weed (Wagner et al. 1999, p. 377). In Hawaii, this species occurs on 
all the main islands except Kahoolawe and Niihau. Youngia japonica can 
invade intact lowland and montane native wet forest, where it displaces 
native species (Wagner et al. 1999, p. 377).
Habitat Destruction and Modification by Fire
    Six of the 11 ecosystems (coastal, lowland dry, lowland mesic, 
montane mesic, montane dry, and subalpine) are at risk of destruction 
and modification by fire. Fire is an increasing, human-exacerbated 
threat to native species and ecosystems in Hawaii. The pre-settlement 
fire regime in Hawaii was characterized by infrequent, low-severity 
events, as few natural ignition sources existed (Cuddihy and Stone 
1990, p. 91; Smith and Tunison 1992, pp. 395-397). It is believed that 
prior to human colonization, fuel was sparse in wet plant communities 
and only seasonally flammable in mesic and dry plant communities. The 
only ignition sources were volcanism and lightning (Baker et al. 2009, 
p. 43). Although Vogl (1969, in Cuddihy and Stone 1990, p. 91) proposed 
that naturally occurring fires may have been important in the 
development of some of the original Hawaiian flora, Mueller-Dombois 
(1981, in Cuddihy and Stone 1990, p. 91) asserts that most natural 
vegetation types of Hawaii would not carry fire before the introduction 
of alien grasses. Smith and Tunison (in Cuddihy and Stone 1990, p. 91) 
state that native plant fuels typically have low flammability. Existing 
fuel loads were often discontinuous, and rainfall in many areas on most 
islands was moderate to high. Fires inadvertently or intentionally set 
by the Polynesian settlers 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 opportunistic invasion and 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. Ranching and the creation of pasturlands in 
particular created highly fire-prone areas of nonnative grasses and 
shrubs (D'Antonio and Vitousek 1992, p. 67). Although fires were 
infrequent in mountainous regions, extensive fires have recently 
occurred in lowland dry and lowland mesic areas, leading to grass-fire 
cycles that convert native dry forest and native wet forest to 
nonnative grassland (D'Antonio and Vitousek 1992, p. 77).
    Because of the greater frequency, intensity, and duration of fires 
that have resulted from the human alteration of landscapes and the 
introduction of nonnative plants, especially grasses, fires are now 
more destructive to native Hawaiian ecosystems (Brown and Smith 2000, 
p. 172), and a single grass-fueled fire often kills most native trees 
and shrubs in the area (D'Antonio and Vitousek 1992, p. 74). Fire 
destroys dormant seeds of these native species, as well as the 
individual plants and animals themselves, even in steep, inaccessible 
areas or near streams and ponds. Successive fires remove habitat for 
native species by altering microclimate conditions, creating conditions 
more favorable to nonnative plants. Nonnative grasses (e.g., Cenchrus 
setaceus; fountain grass), many of which may be fire-adapted, produce a 
high fuel load that allow fire to burn areas that would not otherwise 
burn easily, regenerate quickly after fire, and establish rapidly in 
burned areas (Fujioka and Fujii 1980 in Cuddihy and Stone 1990, p. 93; 
D'Antonio and Vitousek 1992, pp. 70, 73-74; Tunison et al. 2002, p. 
122). Native woody plants may recover to some degree, but fire tips the 
competitive balance toward nonnative species (National Park Service 
1989 in Cuddihy and Stone 1990, p. 93). During a post-burn survey on 
Hawaii Island, in an area of native Diospyros forest with undergrowth 
of the nonnative grass Pennisetum setaceum [Cenchrus setaceus], 
Takeuchi noted that ``no regeneration of native canopy is occurring 
within the Puuwaawaa burn area'' (Takeuchi 1991, p. 2). Takeuchi also 
stated that ``burn events served to accelerate a decline process 
already in place, compressing into days a sequence which would 
ordinarily have taken decades'' (Takeuchi 1991, p. 4), and concluded 
that, in addition to increasing the number of fires, the nonnative 
Pennisetum acted to suppress establishment of native plants after a 
fire (Takeuchi 1991, p. 6).
    For many decades, fires have impacted rare or endangered species 
and their habitat on Molokai, Lanai, and Maui (Gima 1998, in litt.; 
Hamilton 2009, in litt.; Honolulu Advertiser 2010, in litt.; Pacific 
Disaster Center 2011, in litt.). These three islands experienced 
approximately 1,290 brush fires between 1972 and 1999 that burned a 
total of 64,250 ac (26,000 ha) (County of Maui 2009, ch. 3, p. 3; 
Pacific Disaster Center 2011, in litt.). Between 2000 and 2003, the 
annual number of wildfires on these islands jumped from 118 to 271; 
several of these alone burned more than 5,000 ac (2,023 ha) (Pacific 
Disaster Center 2011, in litt.). On Molokai, between 2003 and 2004, 
three wildfires each burned 10,000 ac (4,050 ha) (Pacific Disaster 
Center 2011, in litt.). From August through early September 2009, a 
wildfire burned approximately 8,000 ac (3,237 ha), including 600 ac 
(243 ha) of the remote Makakupaia section of the Molokai Forest 
Reserve, a small portion of TNC's Kamakou Preserve, and encroached on 
Onini Gulch, Kalamaula, and Kawela (Hamilton 2009, in litt.). Species 
proposed for listing in this rule at risk of wildfire on Molokai 
include the plants Nothocestrum latifolium, Portulaca villosa, 
Ranunculus mauiensis, and Schiedea pubescens, Solanum nelsonii; the 
orangeblack Hawaiian damselfly; and the yellow-faced bees Hylaeus 
anthracinus, H. facilis, H. hilaris, and H. longiceps.
    Several wildfires have occurred on Lanai in the last decade. In 
2006, a wildfire burned 600 ac (243 ha) between Manele Road and the 
Palawai Basin, about 3 mi (4 km) south of Lanai City (The Maui News 
2006, in litt.). In 2007, a brush fire at Mahana burned about 30 ac (12 
ha), and in 2008, another 1,000 ac (405 ha) were burned by wildfire in 
the Palawai Basin (The Maui News 2007, in litt.; KITV Honolulu 2008, in 
litt.). Species proposed for listing in this

[[Page 58882]]

rule at risk of wildfire on Lanai include the plants Exocarpos 
menziesii, Nothocestrum latifolium, and Portulaca villosa, the the 
orangeblack Hawaiian damselfly, and yellow-faced bees Hylaeus 
anthracinus, H. assimulans, H. facilis, H. hilaris, and H. longiceps.
    On west Maui, wildfires burned more than 8,650 ac (3,501 ha) 
between 2007 and 2010 (Honolulu Advertiser 2010, in litt.; Shimogawa 
2010, in litt.). These fires encroached into the West Maui Forest 
Reserve, on the ridges of Olowalu and Kealaloloa, habitat for several 
endangered plants. On east Maui, in 2007, a fire consumed over 600 ac 
(240 ha), increasing invasion of the area by nonnative Pinus spp. 
(Pacific Disaster Center 2007, in litt.; The Maui News 2011, in litt.). 
Species proposed for listing in this rule at risk of wildfire on west 
and east Maui include the plants Festuca hawaiiensis, Nothocestrum 
latifolium, Ochrosia haleakalae, Phyllostegia stachyoides, Portulaca 
villosa, Ranunculus mauiensis, Sanicula sandwicensis, Schiedea 
pubescens and Solanum nelsonii; and the animals, the orangeblack 
Hawaiian damselfly; and the yellow-faced bees Hylaeus anthracinus, H. 
assimulans, H. facilis, H. hilaris, and H. longiceps.
    Several recent fires on Oahu in the Waianae Mountain range have 
impacted rare or endangered species. Between 2004 and 2005, wildfires 
burned more than 360 ac (146 ha) in Honouliuli Preserve, home to more 
than 90 rare and endangered plants and animals (TNC 2005, in litt.). In 
2006, a fire at Kaena Point State Park burned 60 ac (24 ha), and 
encroached on endangered plants in Makua Military Training Area. In 
2007, there was a significant fire at Kaukonahua that crossed 12 
gulches, eventually encompassing 5,655 ac (2,289 ha) and negatively 
impacted eight endangered plant species and their habitat (Abutilon 
sandwicense, Bonamia menziesii, Colubrina oppositifolia, Eugenia 
koolauensis, Euphorbia haeleeleana, Hibiscus brackenridgei ssp. 
mokuleianus, Nototrichium humile, and Schiedea hookeri) (U.S. Army 
Garrison 2007, Appendices pp. 1-5). This fire provided ingress for 
nonnative ungulates (cattle, goats, and pigs) into previously 
undisturbed areas, and opened dense native vegetation to the invasive 
grass Urochloa maxima (Panicum maximum, guinea grass), also used as a 
food source by cattle and goats. The grass was observed to generate 
blades over 2 feet in length only 2 weeks following the fire (U.S. Army 
Garrison 2007, Appendices pp. 1-5). In 2009, two smaller fires burned 
200 ac (81 ha) at Manini Pali (Kaena Point State Park) and almost 4 ac 
(1.5 ha) at Makua Cave. Both of these fires burned into area designated 
as critical habitat, although no individual plants were directly 
affected (U.S. Army Natural Resource Program 2009, Appendix 2, 17 pp.). 
Most recently, in 2014, two fires impacted native forest, one in the 
Oahu Forest National Wildlife Refuge (350 ac, 140 ha), on the leeward 
side of the Koolau Mountains (DLNR 2014, in litt.), and one above 
Makakilo, in the Waianae Mountains, just below Honouliuli FR, burning 
more than 1,000 ac (400 ha) (KHON 2014, in litt.). The Makakilo fire 
took over two 2 weeks to contain. Species proposed for listing in this 
rule at risk of wildfire on Oahu include the plants Joinvillea 
ascendens ssp. ascendens, Nothocestrum latifolium, Portulaca villosa, 
and Sicyos lanceoloideus, and the yellow-faced bees Hylaeus 
anthracinus, H. assimulans, H. facilis, H. kuakea, H. longiceps, and H. 
mana.
    In 2012 on Kauai, a wildfire that was possibly started by an 
unauthorized camping fire burned 40 ac (16 ha) in the Na Pali-Kona 
Forest Reserve on Milolii Ridge, forcing closure of a hiking trail. 
Fortunately, several threatened and endangered plants in the adjacent 
Kula Natural Area Reserve were not impacted (KITV 2012, in litt.). The 
same year, another wildfire burned over 650 ac (260 ha) on Hikimoe 
Ridge, and threatened the Puu Ka Pele section of Waimea Canyon State 
Park (Hawaii News Now 2012, in litt.; Star Advertiser 2012, in litt.). 
Species proposed for listing in this rule at risk of wildfire on Kauai 
include the plants Joinvillea. ascendens ssp. ascendens, Labordia 
lorenciana, Ranunculus mauiensis, Santalum involutum, and Sicyos 
lanceoloideus.
    In the driest areas on the island of Hawaii, wildfires are 
exacerbated by the uncontrolled growth of nonnative grasses such as 
Cenchrus setaceus (Fire Science Brief 2009, in litt.). Since its 
introduction to the island in 1917, this grass now covers more than 200 
sq mi (500 sq km) of the leeward areas (Fire Science Brief 2009, in 
litt.). In the past 50 years, on the leeward side of Hawaii Island, 
three wildfires encompassed a total of 30,000 ac (12,140 ha) (Fire 
Science Brief 2009, in litt.). These wildfires traveled great 
distances, from 4 to 8 miles per hour (mph) (7 to 12 kilometers per 
hour (kph)), burning 2.5 ac (1 ha) to 6 ac (2.5 ha) per minute (the 
equivalent of 6 to 8 football fields per minute) (Burn Institute 2009, 
p. 4). Between 2002 and 2003, three successive lava-ignited wildfires 
in the east rift zone of Hawaii Volcanoes National Park affected native 
forests in lowland dry, lowland mesic, and lowland wet ecosystems 
(Joint Fire Science Program (JFSP) 2009, p. 3), cumulatively burning an 
estimated 11,225 ac (4,543 ha) (Wildfire News, June 9, 2003; JFSP 2009, 
p. 3). These fires destroyed over 95 percent of the canopy cover and 
encroached upon forest areas that were previously thought to have low 
susceptibility to wildfires. After the fires, nonnative ferns were 
observed in higher elevation rainforest where they had not been 
previously been seen, and were believed to inhibit the recovery of the 
native Metrosideros polymorpha (ohia) trees (JFSP 2003, pp. 1-2). 
Nonnative grasses invaded the burn area, increasing the risk of fire 
encroaching into the surrounding native forest (Ainsworth 2011, in 
litt.). Extreme drought conditions also contributed to the number and 
intensity of wildfires on Hawaii Island (Armstrong and Media 2010, in 
litt.; Loh 2010, in litt.). This ``extreme'' drought classification for 
Hawaii was recently lifted to ``moderate;'' however, drier than average 
conditions persist, and another extreme drought event may occur (NOAA 
2015, in litt.). In addition, El Ni[ntilde]o conditions in the Pacific 
(see ``Climate Change'' under Factor E, below), a half-century of 
decline in annual rainfall, and intermittent dry spells have 
contributed to the conditions favoring wildfires in all the main 
Hawaiian Islands (Marcus 2010, in litt.). Species proposed for listing 
in this rule at risk of wildfire on Hawaii Island include the plants 
Exocarpos menziesii, Festuca hawaiiensis, Ochrosia haleakalae, 
Phyllostegia stacyoides, Portulaca villosa, Ranunculus mauiensis, 
Sanicula sandwicensis, Sicyos macrophyllus, and Solanum nelsonii, and 
the yellow-faced bee Hylaeus anthracinus.
    In summary, fire is a threat to 15 plant species (Exocarpos 
menziesii, Festuca hawaiiensis, Joinvillea ascendens ssp. ascendens, 
Labordia lorenciana, Nothocestrum latifolium, Ochrosia haleakalae, 
Phyllostegia stachyoides, Portulaca villosa, Ranunculus mauiensis, 
Sanicula sandwicensis, Santalum involutum, Schiedea pubescens, Sicyos 
lanceoloideus, S. macrophyllus, and Solanum nelsonii), and eight animal 
species (the orangeblack Hawaiian damselfly, and the yellow-faced bees 
Hylaeus anthracinus, H. assimulans, H. facilis, H. hilaris, H. kuakea, 
H. longiceps, and H. mana) because these species or their habitat are 
located in or near areas that were burned previously, or in areas 
considered at risk of fire due to the cumulative and compounding 
effects of

[[Page 58883]]

drought and the presence of highly flammable nonnative grasses.
Habitat Destruction and Modification by Hurricanes
    Ten of the 11 ecosystems (all except the anchialine pool ecosystem) 
are at risk of habitat destruction and modification by hurricanes. 
Hurricanes exacerbate the impacts from other threats such as habitat 
modification and destruction by ungulates and competition with 
nonnative plants. By destroying native vegetation, hurricanes open the 
forest canopy, thus modifying the availability of light, and create 
disturbed areas conducive to invasion by nonnative pest species (see 
``Specific Nonnative Plant Species Impacts,'' above) (Asner and 
Goldstein 1997, p. 148; Harrington et al. 1997, pp. 539-540). In 
addition, hurricanes adversely impact native Hawaiian stream habitat by 
defoliating and toppling vegetation, thus loosening the surrounding 
soil and increasing erosion. Along with catastrophic flooding, this 
soil and vegetative debris can be washed into streambeds (by hurricane-
induced rain or subsequent rain storms), resulting in the scouring of 
stream bottoms and channels (Polhemus 1993, 88 pp.). Because many 
Hawaiian plant and animal species persist in low numbers and in 
restricted ranges, natural disasters such as hurricanes can be 
particularly devastating to the species (Mitchell et al. 2005, p. 4-3).
    Hurricanes affecting Hawaii were only rarely reported from ships in 
the area from the 1800s until 1949. Between 1950 and 1997, 22 
hurricanes passed near or over the Hawaiian Islands, 5 of which caused 
serious damage (Businger 1998, pp. 1-2). In November 1982, Hurricane 
Iwa struck the Hawaiian Islands with wind gusts exceeding 100 (mph) 
(160 kmh, 87 knots), causing extensive damage, especially on the 
islands of Kauai, Niihau, and Oahu (Businger 1998, pp. 2, 6). Many 
forest trees were destroyed (Perlman 1992, pp. 1-9), which opened the 
canopy and facilitated the invasion of nonnative plants into native 
forest (Kitayama and Mueller-Dombois 1995, p. 671). Hurricances 
therefore have the potential to exacerbate the threat of competition 
with nonnative plants, as described in ``Habitat Destruction and 
Modification by Nonnative Plants,'' above. In September 1992, Hurricane 
Iniki, a category 4 hurricane with maximum sustained winds of 130 mph 
(209 kmh, 113 knots), passed directly over the island of Kauai and 
close to the island of Oahu, causing significant damage to Kauai and 
along Oahu's southwestern coast (Blake et al. 2007, pp. 20, 24). 
Biologists documented damage to the habitat of six endangered plant 
species on Kauai, and one plant on Oahu. Polhemus (1993, pp. 86-87) 
documented the extirpation of the scarlet Kauai damselfly (Megalagrion 
vagabundum, a species related to M. xanthomelas included in this 
listing proposal), from the entire Hanakapiai Stream system on the 
island of Kauai as a result of the impacts of Hurricane Iniki. Damage 
by future hurricanes could further impact the remaining native-plant 
dominated habitat areas that support rare plants and animals in native 
ecosystems of Kauai, Oahu, and other Hawaiian Islands (Bellingham et 
al. 2005, p. 681) (see ``Climate Change'' under Factor E, below).
    In summary, hurricanes can exacerbate other habitat threats, such 
as competition with nonnative plants, as well as result in direct 
habitat destruction. This is a particular problem for the plant 
Pritchardia bakeri, the band-rumped storm-petrel, the orangeblack 
Hawaiian damselfly, and all seven yellow-faced bees, (Hylaeus 
anthracinus, H. assimulans, H. facilis, H. hilaris, H. kuakea, H. 
longiceps, and H. mana.)
Habitat Modification and Destruction Due to Landslides, Rockfalls, 
Treefall, Flooding, Erosion, and Drought
    Habitat destruction and modification by landslides, rockfalls, 
treefall, flooding, erosion, and drought affect all 11 ecosystems 
(singly or in combination). Landslides, rockfalls, treefall, flooding, 
and erosion destabilize substrates, damage and destroy individual 
plants, and alter hydrological patterns resulting in changes to native 
plant and animal communities. In the open sea near Hawaii, rainfall 
averages 25 to 30 in (630 to 760 mm) per year, yet the islands may 
receive up to 15 times this amount in some places, caused by orographic 
features (topography) (Wagner et al. 1999, adapted from Price (1983) 
and Carlquist (1980), pp. 38-39). During storms, rain may fall at 3 in 
(76 mm) per hour or more, and sometimes may reach nearly 40 in (1,000 
mm) in 24 hours, resulting in destructive flash-flooding in streams and 
narrow gulches (Wagner et al. 1999, adapted from Price (1983) and 
Carlquist (1980), pp. 38-39). Due to the steep topography in many 
mountainous areas on the Hawaiian Islands, disturbance caused by 
introduced ungulates exacerbates erosion and increases the potential 
for landslides, rockfalls, or flooding, which in turn damages or 
destroys native plants and disturbs habitat of the band-rumped storm-
petrel (see Table 3). These events have the potential to eliminate one 
or more isolated populations of a species that currently persists in 
low numbers and a limited geographic range, resulting in reduced 
redundancy and resilience of the species.
    Landslides, rockfalls, treefall, flooding, and erosion are threats 
to 20 plant species (Cyanea kauaulaensis, Cyclosorus boydiae, Deparia 
kaalaana, Gardenia remyi, Joinvillea ascendens ssp. ascendens, Kadua 
fluviatilis, K. haupuensis, Labordia lorenciana, Lepidium orbiculare, 
Ochrosia haleakalae, Phyllostegia brevidens, P. helleri, P. 
stachyoides, Portulaca villosa, Pseudognaphalium sandwicensium var. 
molokaiense, Ranunculus hawaiensis, R. mauiensis, Sanicula 
sandwicensis, Schiedea pubescens, and Solanum nelsonii), and the band-
rumped storm-petrel, and the orangeblack Hawaiian damselfly. 
Destabilization of cliff habitat could lead to additional landslides 
and alteration of hydrological patterns, affecting the availability of 
soil moisture. Landslides can also modify and destroy riparian and 
stream habitat by direct physical damage, and create disturbed areas 
leading to invasion by nonnative plants, as well as damaging or 
destroying plants directly. Kadua haupuensis, Labordia lorenciana, 
Lepidium orbiculare, Phyllostegia brevidens, and P. helleri are known 
only from a few individuals in single occurrences on cliffs or steep-
walled stream valleys, and one landslide could lead to extirpation of 
the species by direct destruction. Monitoring data presented by the 
PEPP program and botanical surveys suggest that flooding is a likely 
threat to eight plant species Cyanea kauaulaensis, Cyclosorus boydiae, 
Deparia kaalaana, Labordia lorenciana, Phyllostegia stachyoides, 
Sanicula sandwicensis, Schiedea pubescens and Solanum nelsonii as some 
individuals occur on stream banks (Wood et al. 2007, p. 198; PEPP 2011, 
pp. 162-164; Oppenheimer and Lorence 2012, pp. 20-21; PEPP 2013, p. 54; 
PEPP 2014, pp. 95, 142). The naiad life stage of the orangeblack 
Hawaiian damselfly could be impacted by flooding if most individuals 
are carried out of suitable habitat or into areas occupied by nonnative 
fish.
    Drought has been reported to be a threat to nine plants (Deparia 
kaalaana, Huperzia stemmermanniae, Phyllostegia stachyoides, Ranunculus 
hawaiensis, R. mauiensis, Sanicula sandwicensis, Schiedea pubescens, 
Sicyos lanceoloideus, and Solanum nelsonii), the orangeblack Hawaiian 
damselfly, and all seven yellow-faced bees proposed for listing in this 
rule

[[Page 58884]]

(Magnacca 2007b, pp. 181, 183; Polhemus 2008, p. 26; Chu et al. 2010, 
pp. 4887, 4891, 4898; PEPP 2011, pp. 162-164; Fortini et al. 2013, p. 
2; PEPP 2013, p. 177; PEPP 2014, pp. 140-142, 154-156, 162, 166-167). 
Between 1860 and 2002, there were 49 periods of drought on Oahu; 30 
periods of drought on Molokai, Lanai, and Maui; and at least 18 serious 
or severe drought events on Hawaii Island (Giambelluca et al. 1991, pp. 
3-4; Hawaii Commission on Water Resource Management (CWRM) 2009a and 
2009b; HDLNR 2009, pp. 1-6; Hawaii Civil Defense 2011, pp. 14-1-14-12). 
The most severe drought events over the past 15 years were associated 
with the El Ni[ntilde]o phenomenon (Hawaii Civil Defense 2011, p. 14-
3). In 1998, the city of Hilo had the lowest January total rainfall 
(0.014 in) ever observed for any month since records have been kept, 
with average rainfall being almost 10 in for January (Hawaii Civil 
Defense 2011, p. 14-3). Currently, the State remains under abnormally 
dry to moderate drought conditions, with the onset of another El 
Ni[ntilde]o event (U.S. Drought Monitor 2015, in litt.; National 
Weather Service 2015, in litt.). Drought events dry up streams, 
irrigation ditches, and reservoirs, and deplete groundwater supplies 
(Hawaii CWRM 2009a and 2009b). Desiccation of these water sources 
directly reduces or eliminates habitat suitable for the larval stage of 
the orangeblack Hawaiian damselfly to grow and mature, as well as 
reduces habitat for the damselfly's adult stage to hunt prey. Drought 
leads to increases in the number of forest and brush fires, leading to 
a reduction of native plant cover over streams and ponds used by the 
orangeblack Hawaiian damselfly (Giambelluca et al. 1991, p. v; 
D'Antonio and Vitousek 1992, pp. 77-79). Recent episodes of drought 
have also driven axis deer farther into forested areas in search of 
food, increasing their negative impacts on native vegetation from 
herbivory, bark stripping, and trampling (see ``C. Disease or 
Predation,'' below) (Waring 1996, in litt; Nishibayashi 2001, in 
litt.). Drought events have the potential to eliminate one or more 
isolated populations of a species that currently persists in low 
numbers and a limited geographic range, resulting in reduced redundancy 
and resilience of the species.
Habitat Destruction and Modification by Water Extraction
    Freshwater habitats on all the main Hawaiian Islands have been 
severely altered and degraded because of past and present land and 
water management practices, including agriculture; urban development; 
and development of ground water, perched aquifer, and surface water 
resources (Harris et al. 1993, p. 11; Meier et al. 1993, p. 181). 
Extensive modification of lentic (standing water) habitat in the 
Hawaiian Islands began about 1100 A.D. with a rapid increase in the 
human population (Harris et al. 1993, p. 9; Kirch 1982, pp. 5-6). 
Hawaiians cultivated Colocasia esculenta (kalo, taro) by creating 
shallow, walled ponds, called loi, in marshes and riparian areas (Meier 
et al. 1993, p. 181; Handy and Handy 1972, p. 58). By 1778, virtually 
all valley bottoms with permanent stream flow and most basin marshes 
were converted to taro cultivation (Handy and Handy 1972, pp. 396, 
411). Hawaiians also modified wetlands by constructing fishponds, many 
of which were primarily fresh water, fed by streams or springs (Meier 
et al. 1993, p. 181). Despite this habitat modification by early 
Hawaiians, many areas of extensive marshland remained intact and were 
utilized by the native damselflies. Over time, however, many of the 
wetlands formerly used for taro were drained and filled for dry-land 
agriculture or development (Stone 1989, p. 129; Meier et al. 1993, pp. 
181-182). In addition, marshes are slowly filled and converted to 
meadow habitat due to increased sedimentation resulting from increased 
storm water runoff from upslope development and blockage of downslope 
drainage (Wilson Okamoto and Associates, Inc. 1993, p. 3-5). Presently 
the most significant threat to the remaining natural ponds and marshes 
in Hawaii, habitat for the orangeblack Hawaiian damselfly, is the 
nonnative grass species Urochloa mutica (Brachiaria mutica, California 
grass). This sprawling, perennial grass was first observed on Oahu in 
1924, and now occurs on all the main Hawaiian islands (O'Connor 1999, 
p. 1504). This species forms dense, monotypic stands that can 
completely eliminate any open water by layering of its trailing stems 
(Smith 1985, p. 186). Similar to the loss of wetlands in Hawaii, the 
loss of streams has been significant and began with the early Hawaiians 
who modified stream systems by diverting water to irrigate taro. 
However, these Hawaiian-made diversions were closely regulated and were 
not permitted to take more than half the stream flow, and were 
typically used to flood taro loi only periodically (Handy and Handy 
1972, pp. 58-59). The advent of sugarcane plantations in 1835 led to 
more extensive stream diversions. These systems were typically designed 
to tap water at upper elevation sources (above 980 ft (300 m)) by means 
of concrete weirs. All or most of the stream flow was diverted into 
fields or reservoirs (Takasaki et al. 1969, p. 65; Harris et al. 1993, 
p. 10). By the 1930s, major water diversions had been developed on all 
the main islands, and currently one-third of Hawaii's perennial streams 
are diverted (Harris et al. 1993, p. 10). In addition to diverting 
water for agriculture and domestic water supply, streams have been 
diverted for use in producing hydroelectric power (Hawaii Stream 
Assessment 1990, p. 96). Surface flow has also been diverted into 
channels, and the perched aquifers which fed the streams have been 
tapped by means of tunnels (Stearns and Vaksvik 1935, pp. 365, 378-434; 
Stearns 1985, pp. 291, 301-303). Many of these aquifers are the sources 
of springs, which contribute flow to streams. The draining of these 
aquifers may cause springs to become dry (Stearns and Vaksvik 1935, pp. 
380, 388). Most remaining streams that are not already diverted have 
been, and continue to be, degraded by the activities of feral ungulates 
and by nonnative plants. Channelization has not been restricted to 
lower reaches, and it results in the loss of riparian vegetation, 
increasing flow velocity, illumination, and water temperature (Parrish 
et al. 1984, pp. 83-84). These conditions make the channels unsuitable 
as habitat for the orangeblack Hawaiian damselfly.
Habitat Destruction and Modification by Climate Change
    Climate change may have impacts to the habitat of the 49 species. 
Discussion of these impacts is included in our complete discussion of 
climate change in the section ``E. Other Natural or Manmade Factors 
Affecting Their Continued Existence,'' below.
Summary of Factor A
    Destruction and modification of the habitat of each of the 49 
species addressed in this proposed rule is occurring throughout the 
entire range of each of the species. These impacts include the effects 
of introduced ungulates, nonnative plants, fire, hurricanes, 
landslides, rockfalls, treefall, flooding, erosion, drought, water 
extraction, and the direct or cumulative effects of climate change.
    The threat of habitat destruction and modification by agriculture 
and urban development is an ongoing threat to four plant species 
(Nothocestrum latifolium, Portulaca villosa, Pseudognaphalium 
sandwicensium var. molokaiense, and Solanum nelsonii); the orangeblack 
Hawaiian damselfly; the anchialine pool shrimp Procaris hawaiana; and 
the yellow-faced bees Hylaeus anthracinus,

[[Page 58885]]

H. assimulans, H. facilis, H. hilaris, and H. longiceps, as the 
conversion of terrestrial and aquatic habitats for urban use modifies 
or permanently removes habitat, the host plants, and aquatic features 
required by these species for their life-history needs.
    The threat of habitat destruction and modification by ungulates is 
ongoing as ungulates currently occur in all ecosystems on which these 
species depend except the anchialine pool system. Introduced ungulates 
pose a threat to the 37 of the 39 plants (all except for Cyanea 
kauaulaensis and Hypolepis hawaiiensis var. mauiensis), and 9 of the 10 
animal species (all except for the anchialine pool shrimp), that are 
proposed for listing in this rule that occur in these 10 ecosystems 
(see Table 3) because ungulates: (1) Directly impact the species by 
trampling and grazing; (2) increase soil disturbance and erosion; (3) 
create open, disturbed areas conducive to nonnative plant invasion and 
establishment by dispersing fruits and seeds, which results in 
conversion of a native-dominated plant community to a nonnative-
dominated plant community; and (4) increase marsh and stream 
disturbance and sedimentation, which affects the aquatic and anchialine 
pool habitats.
    Habitat destruction and modification by nonnative plants represents 
an ongoing threat to 36 of the 39 plant species (all except for 
Exocarpos menziesii, Huperzia stemmermanniae, and Joinvillea ascendens 
ssp. ascendens), the orangeblack Hawaiian damselfly, and all seven 
yellow-faced bee species addressed in this proposed rule because they: 
(1) Adversely impact microhabitat by modifying the availability of 
light; (2) alter soil-water regimes; (3) modify nutrient cycling 
processes; (4) alter fire ecology, leading to incursions of fire-
tolerant nonnative plant species into native habitat; and (5) 
outcompete, and possibly directly inhibit (through allelopathy) the 
growth of, native plant species. Each 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 44 of the 49 species addressed here.
    The threat of habitat destruction and modification by fire to 15 
plant species (Exocarpos menziesii, Festuca hawaiiensis, Joinvillea 
ascendens ssp. ascendens, Labordia lorenciana, Nothocestrum latifolium, 
Ochrosia haleakalae, Phyllostegia stachyoides, Portulaca villosa, 
Ranunculus mauiensis, Sanicula sandwicensis, Santalum involutum, 
Schiedea pubescens, Sicyos lanceoloideus, S. macrophyllus, and Solanum 
nelsonii), the orangeblack Hawaiian damselfly, and all seven yellow-
faced bee species in this proposed rule is ongoing because fires occur 
frequently, and damage and destroy native vegetation, including dormant 
seeds, seedlings, and juvenile and adult plants, and host plants. Many 
nonnative invasive plants, particularly fire-tolerant grasses, create 
more destructive fires, invade burned areas, and can outcompete native 
plants and inhibit their regeneration (D'Antonio and Vitousek 1992, pp. 
70, 73-74; Tunison et al. 2002, p. 122). Successive fires that burn 
farther and farther into native habitat destroy the ecosystem and its 
components upon which these 23 species depend.
    Habitat destruction and modification by natural disasters such as 
hurricanes represent a threat to the plant Pritchardia bakeri, the 
band-rumped storm-petrel, the orangeblack Hawaiian damselfly, and all 
seven yellow-faced bee species addressed in this proposed rule. 
Hurricanes open the forest canopy, modifying available light and 
creating disturbed areas that are conducive to invasion by nonnative 
plants (Asner and Goldstein 1997, p. 148; Harrington et al. 1997, pp. 
346-347). The discussion under ``Habitat Destruction and Modification 
by Nonnative Plants,'' above, provides additional information related 
to canopy gaps, light availability, and the establishment of nonnative 
plant species. In addition, hurricanes can alter and directly damage 
streams and wetlands used by the orangeblack Hawaiian damselfly 
(Polhemus 1993, pp. 86-87). The impacts from hurricanes can be 
particularly devastating to 10 species addressed in this proposed rule 
because they persist in low numbers in restricted ranges, and are 
therefore less resilient to such disturbances. A single destructive 
hurricane holds the potential of driving to extinction the species that 
persist as one or several small, isolated populations.
    Landslides, rockfalls, treefall, flooding, and erosion adversely 
impact 20 plant species (Cyanea kauaulaensis, Cyclosorus boydiae, 
Deparia kaalaana, Gardenia remyi, Joinvillea ascendens ssp. ascendens, 
Kadua fluviatilis, K. haupuensis, Labordia lorenciana, Lepidium 
orbiculare, Ochrosia haleakalae, Phyllostegia brevidens, P. helleri, P. 
stachyoides, Portulaca villosa, Pseudognaphalium sandwicensium var. 
molokaiense, Ranunculus hawaiensis, R. mauiensis, Sanicula 
sandwicensis, and Schiedea pubescens, and Solanum nelsonii), and the 
band-rumped storm-petrel, and the orangeblack Hawaiian damselfly, which 
are proposed for listing in this rule, by destabilizing substrates, 
damaging and killing individuals, and altering hydrological patterns. 
These impacts result in habitat destruction or modification, and 
changes to native plant and animal communities. Drought threatens five 
nine plant species (Deparia kaalaana, Huperzia stemmermanniae, 
Phyllostegia stachyoides, Ranunculus hawaiensis, R. mauiensis, Sanicula 
sandwicensis, Schiedea pubescens, Sicyos lanceoloideus, and Solanum 
nelsonii), and the orangeblack Hawaiian damselfly, and all seven 
yellow-faced bee species addressed in this proposed rule, directly or 
by desiccation of streams and ponds, and the host plants upon which all 
seven yellow-faced bees depend.
    Conversion of wetland and other aquatic habitat (i.e., water 
extraction) for agriculture and urban development is an ongoing threat 
that is expected to continue into the future, and affects the 
orangeblack Hawaiian damselfly by removing habitat required for hunting 
and breeding. Water extraction impacts the orangeblack Hawaiian 
damselfly because it: (1) Reduces the amount and distribution of stream 
habitat; (2) reduces stream flow and habitat; and (3) leads to an 
increase in water temperature, negatively impacting the damselfly 
naiads by causing physiological stress. Loss of stream-course habitat 
affects Cyclosorus boydiae because this is the only habitat where this 
riparian species occurs. Water extraction may affect the delicate 
balance of the anchialine pool ecosystem, including salinity and biota, 
affecting habitat of the anchialine pool shrimp, Procaris hawaiana.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    We are not aware of any threats to 48 of the 49 species addressed 
in this proposed rule that would be attributed to overutilization for 
commercial, recreational, scientific, or educational purposes.
Anchialine Pool Shrimp
    The Service has become aware of companies and private collectors 
using anchialine pool shrimp and related shrimp species for commercial 
sales of self-contained aquariums (Ecosphere Associates 2015, in 
litt.). One company located in Hawaii, Fuku Bonsai, has been using 
Hawaiian anchialine pool species for the aquarium hobby market for many 
years; however, they state they will soon be discontinuing sale of 
``micro-lobsters'' (Fuku-Bonsai 2015, in

[[Page 58886]]

litt.). For commercial purposes, a Native Invertebrate Research and 
Collecting permit issued by DLNR-Division of Forestry and Wildlife is 
required to collect anchialine pool shrimp. All terrestrial and aquatic 
invertebrates (including anchialine pool shrimp) are protected under 
(1) the State of Hawaii Revised Statutes (1993) Chapter 195D-4-f 
License; and (2) DLNR Chapter 124 Indigenous Wildlife, Endangered and 
Threatened Wildlife, and Introduced Wild Birds. Collection is 
prohibited in State Natural Area Reserves (NARs) but not in State Parks 
or City and County property where some anchialine pools occur. 
Overcollection by the aquarium hobby market is a potential threat to 
the anchialine pool shrimp Procaris hawaiana. Collection is prohibited 
in the Ahihi-Kinau (Maui) and Manuka (Hawaii Island) NARs, but is not 
expressly prohibited at Lua O Palahemo (Hawaii Island). There is no 
regulatory protection of these shrimp at the remaining five anchialine 
pools outside of Manuka NAR that are known to contain P. hawaiana. We 
consider overcollection of this anchialine pool shrimp, P. hawaiana, to 
be an ongoing threat, because it can occur at any time.

C. Disease or Predation

Disease
    We are not aware of any threats to the 49 species addressed in this 
proposed rule that would be attributable to disease.
Predation
    Hawaii's plants and animals evolved in nearly complete isolation 
from continental influence. Successful, natural colonization of these 
remote volcanic islands is infrequent, and many organisms never 
succeeded in establishing populations. As an example, Hawaii lacks any 
native ants or conifers, has very few families of birds, and has only 
had two species of native land mammal, both insectivorous bats (Loope 
1998, p. 748, Ziegler 2002, pp. 244-245). In the absence of grazing or 
browsing mammals, plants that became established did not need 
mechanical or chemical defenses against mammalian herbivory such as 
thorns, prickles, and toxins. As the evolutionary pressure to either 
produce or maintain such defenses was lacking, Hawaiian plants either 
lost or never developed these adaptations (Carlquist 1980, p. 173). 
Likewise, native Hawaiian birds and insects experienced no evolutionary 
pressure to develop antipredator mechanisms against mammals or 
invertebrates that were not historically present on the islands. The 
native flora and fauna are thus particularly vulnerable to the impacts 
of introduced nonnative species, as discussed below.
Introduced Ungulates
    In addition to the habitat impacts discussed above (see ``Habitat 
Destruction and Modification by Introduced Ungulates,'' under Factor 
A), grazing and browsing by introduced ungulates are a threat to the 
following 26 plant species in this proposal (see Table 3): Asplenium 
diellaciniatum (black-tailed deer); Calamagrostis expansa (pigs), 
Cyclosorus boydiae (pigs), Exocarpos menziesii (goats, sheep, mouflon), 
Festuca hawaiiensis (goats, sheep), Gardenia remyi (pigs, goats, deer), 
Huperzia stemmermanniae (cattle), Joinvillea ascendens ssp. ascendens 
(pigs, goats, deer), Kadua fluviatilis (pigs, goats), Labordia 
lorenciana (goats), Microlepia strigosa var. mauiensis (pigs), Myrsine 
fosbergii (pigs, goats), Nothocestrum latifolium (pigs, goats, deer, 
black-tailed deer, sheep, mouflon), Ochrosia haleakalae (cattle), 
Phyllostegia brevidens (pigs, sheep), P. stachyoides (pigs, goats), 
Portulaca villosa (deer, mouflon), Pseudognaphalium sandwicensium var. 
molokaiense (deer), Ranunculus hawaiensis (pigs, cattle, mouflon), R. 
mauiensis (pigs, goats, deer, black-tailed deer, cattle), Sanicula 
sandwicensis (goats), Santalum involutum (black-tailed deer), Schiedea 
pubescens (deer, cattle), Sicyos lanceoloideus (goats), S. macrophyllus 
(mouflon, cattle), and Solanum nelsonii (deer, cattle).
Feral Pigs
    We have direct evidence of ungulate damage to some of the plant 
species proposed for listing in this rule, but for many, due to their 
remote locations or lack of study, ungulate damage is presumed based on 
the known presence of these introduced ungulates in the areas where 
these species occur and the results of studies involving similar 
species or ecosystems conducted in Hawaii and elsewhere (Diong 1982, p. 
160; Mueller-Dombois and Spatz, 1975, pp. 1-29; Hess 2008, 4 pp.; 
Weller et al. 2011, p. 8). For example, 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. A stomach-content analysis in this 
study showed that most of the pigs' food source consisted of the 
endemic Cibotium (hapuu, tree fern). Pigs were observed to fell native 
plants and remove the bark from standing plant of species in the genera 
Cibotium, Clermontia, Coprosma, Hedyotis [Kadua], Psychotria, and 
Scaevola, resulting in larger trees and shrubs dying after a few months 
of repeated feeding (Diong 1982, p. 144). Beach (1997, pp. 3-4) found 
that feral pigs in Texas spread disease and parasites, and their 
rooting and wallowing behavior led to spoilage of watering holes and 
loss of soil through leaching and erosion. Rooting activity by pigs 
also decreased the survivability of some plant species through 
disruption at root level of mature plants and seedlings (Beach 1997, 
pp. 3-4; Anderson et al. 2007, in litt.). In Hawaii, pigs dig up forest 
ground cover consisting of delicate and rare species of orchids, ferns, 
mints, lobeliads, and other taxa, including their roots, tubers, and 
rhizomes (Stone and Anderson 1988, p. 137). The following plants are 
particularly at risk of herbivory by feral pigs: Calamagrostis expansa 
on Maui and Hawaii Island (HBMP 2010); Cyclosorus boydiae on Oahu (HBMP 
2010); Gardenia remyi on Hawaii Island (PEPP 2011, pp. 113-114; PEPP 
2012, p. 102), west Maui (HBMP 2010), Molokai (HBMP 2010), and Kauai 
(HBMP 2010); Joinvillea ascendens ssp. ascendens on Hawaii Island (PEPP 
2011, pp. 120-121; PEPP 2012 p. 113; HBMP 2010), Kauai (PEPP 2014, p. 
109; HBMP 2010), Maui (HBMP 2010), Molokai (HBMP 2010), and Oahu (HBMP 
2010); Kadua fluviatilis on Kauai (HBMP 2010) and Oahu (HBMP 2010); 
Microlepia strigosa var. mauiensis on Maui (Bily 2009, in litt.; 
Oppenheimer 2007, in litt.); Myrsine fosbergii on Kauai (HBMP 2010); 
Nothocestrum latifolium on Maui (PEPP 2011, p. 140; HBMP 2010) and 
Molokai (HBMP 2010); Phyllostegia brevidens on Maui and Hawaii Island 
(PEPP 2014, p. 36); P. stachyoides on Molokai (PEPP 2014, pp. 140-141); 
Ranunculus hawaiensis on Hawaii Island (HBMP 2010); and R. mauiensis on 
Kauai (PEPP 2011, p. 161; PEPP 2013, p. 177; PEPP 2014, p. 156; HBMP 
2010), Maui (PEPP 2011, p. 144; PEPP 2013, p. 177-178; PEPP 2014, p. 
155; HBMP 2010), and Molokai (HBMP 2010). Feral pigs occur in 10 of the 
11 ecosystems (all except anchialine pool) discussed in this proposal; 
the results of the studies described above suggest that foraging by 
pigs can directly damage and destroy these plants through herbivory. 
Feral pigs may also consume native host plants of the yellow-faced bees 
Hylaeus anthracinus, H. assimulans, H. facilis, H. hilaris, H. kuakea, 
and H. mana.
Feral Goats
    Feral goats are able to forage in extremely rugged terrain and are 
instrumental in the decline of native

[[Page 58887]]

vegetation in many areas of the Hawaiian Islands (Cuddihy and Stone 
1990, p. 64; Clarke and Cuddihy 1980, p. C-20; van Riper and van Riper 
1982, pp. 34-35; Tomich 1986, pp. 153-156). Feral goats consume a 
variety of plants for food and have been observed to browse on (but are 
not limited to) native plant species in the following genera: 
Argyroxiphium, Canavalia, Chamaesyce, Erythrina, Plantago, Schiedea, 
and Stenogyne (Cuddihy and Stone 1990, p. 64; Warren 2004, p. 462; Wood 
2007, pers. comm.). A study conducted on the island of Hawaii 
demonstrated that native Acacia koa seedlings are unable to survive due 
to browsing and grazing by goats (Spatz and Mueller-Dombois 1973, p. 
874). If goats remained in the area in high numbers, mature trees 
eventually died and with them the root systems that supported suckers 
and vegetative reproduction. When feral goats were excluded by fences 
for 3 years, there was a positive height-growth response of A. koa 
suckers (Spatz and Mueller-Dombois 1973, p. 873). Another study at 
Puuwaawaa on Hawaii Island demonstrated that prior to management 
actions in 1985, regeneration of endemic shrubs and trees in a goat-
grazed area was almost totally lacking, contributing to the invasion of 
forest understory by exotic grasses and weeds. After the removal of 
goats, A. koa and native Metrosideros seedlings were observed 
germinating by the thousands (HDLNR 2002, p. 52). Based on these 
studies, and other comparisons of fenced and unfenced areas, it is 
clear that goats devastate native Hawaiian ecosystems (Loope et al. 
1988, p. 277). Because feral goats occur in 10 of the 11 ecosystems 
(all except anchialine pool) discussed in this proposal, the results of 
the studies described above indicate that goats likely also alter these 
ecosystems and directly damage or destroy native plants. Browsing or 
grazing by feral goats poses a particular threat to the following plant 
species proposed for listing in this rule: Exocarpos menziesii on 
Hawaii Island (NTBG Herbarium Database 2014, in litt.), Festuca 
hawaiiensis on Hawaii Island (USFWS Rare Plant database 2010, in 
litt.), Gardenia remyi on Kauai (PEPP 2011, p. 114; PEPP 2013, p. 107; 
Kishida 2011, in litt.), Joinvillea ascendens ssp. ascendens on Kauai 
(PEPP 2010, p. 80), Kadua fluviatilis on Kauai (HBMP 2010), Labordia 
lorenciana on Kauai (PEPP 2011, p. 124; PEPP 2013, p. 126), Myrsine 
fosbergii on Kauai (HBMP 2010), Nothocestrum latifolium on Maui (HBMP 
2010), Phyllostegia stachyoides on Molokai (HBMP 2010), Portulaca 
villosa on Hawaii Island (PEPP 2012, p. 140), Ranunculus mauiensis on 
Kauai and on Maui (PEPP 2011, p. 161; PEPP 2012, p. 144; PEPP 2013, pp. 
177-178; PEPP 2014, p. 155-156; Kishida 2011, in litt.), Sanicula 
sandwicensis on Maui (PEPP 2011, p. 163), and Sicyos lanceoloideus on 
Kauai (PEPP 2012, p. 154; PEPP 2013, p. 189). In addition, feral goats 
may also damage or destroy native host plants of the yellow-faced bees 
Hylaeus anthracinus, H. assimulans, H. facilis, H. hilaris, and H. 
kuakea.
Axis Deer
    Axis deer are known to consume a wide range of forage items 
throughout their native range and in areas where they have been 
introduced (Anderson 1999, p. 3). Although they prefer to graze on 
grass, axis deer have been documented to eat over 75 species of plants, 
including all plant parts (Anderson 1999, p. 3). They exhibit a high 
degree of opportunism regarding their choice of forage, and consume 
progressively less palatable plants until no edible vegetation remains 
(Dinerstein 1987, in Anderson 1999, p. 5; Medeiros 2010, pers. comm.). 
Axis deer on Maui follow a cycle of grazing and browsing in open 
lowland grasslands during the rainy season (November through March) and 
then migrating to the lava flows of montane mesic forest during the dry 
summer months to graze and browse on many native plant species, for 
example, Abutilon menziesii (kooloaula, listed endangered), Erythrina 
sandwicensis (wiliwili), and Sida fallax (Medeiros 2010, pers. comm.). 
During the El Ni[ntilde]o drought cycles from 1988 through 2001, Maui 
experienced an 80 to 90 percent decline in native shrub species caused 
by axis deer browsing on and girdling young saplings (Medeiros 2010, 
pers. comm.). On Lanai, grazing by axis deer has been reported as a 
major threat to the endangered Gardenia brighamii (nau), and Swedberg 
and Walker (1978, in Anderson 2003, pp. 124-25) reported that the 
native plants Osteomeles anthyllidifolia (uulei) and Leptecophylla 
tameiameiae (pukiawe) comprised more than 30 percent of axis deer rumen 
volume. During the driest summer months, axis deer are observed in 
coastal areas in search of food (Medeiros 2010, pers. comm.). Because 
axis deer occur in 10 of the 11 ecosystems on Molokai, Lanai, and Maui 
(all except anchialine pool), the results from the studies above, in 
addition to direct observations from field biologists, suggest that 
axis deer can also alter these ecosystems and directly damage or 
destroy native plants. Browsing or grazing by axis deer poses a 
particular threat to the following plant species proposed for listing 
in this rule: Gardenia remyi on Molokai (HBMP 2010), Huperzia 
stemmermanniae on Maui (HBMP 2010), Joinvillea ascendens ssp. ascendens 
on Maui (PEPP 2014, pp. 108-109), Nothocestrum latifolium on Lanai 
(PEPP 2012, p. 129), Phyllostegia stachyoides on Molokai (HBMP 2010), 
Portulaca villosa on Lanai (HBMP 2010), Pseudognaphalium sandwicensium 
var. molokaiense on Molokai (Wood 2005, in litt.; Kallstrom 2008, in 
litt.; MNTF 2010), Ranunculus mauiensis on Maui (PEPP 2013, p. 178; 
PEPP 2014, pp. 154-155), Schiedea pubescens on Molokai and Lanai (Wood 
2004, in litt.; Rowland 2006, in litt.; Oppenheimer 2001, in litt.), 
and Solanum nelsonii on Molokai (PEPP 2012, p. 156; PEPP 2013, pp. 190-
191; PEPP 2014, p. 167). Axis deer may also damage or destroy habitat 
of the orangeblack Hawaiian damselfly and native host plants of the 
yellow-faced bees Hylaeus anthracinus, H. assimulans, H. facilis, H. 
hilaris, and H. longiceps.
Black-Tailed Deer
    Black-tailed deer are extremely adaptable, and in their native 
range (U.S. Pacific coast) inhabit every principal ecosystem including 
open grasslands, agricultural land, shrubland, woodland, mountain 
forests, semi-deserts, and high mountain ecosystems (NRCS 2005, in 
litt.). Their home range size varies in the continental United States, 
but has been estimated to from 1 to 4 sq mi (2.5 to 10 km) and 
sometimes as large as 30 sq mi (78 sq km), with adults defending small 
areas when caring for fawns (NRCS 2005, in litt.). We do not know their 
home range size on Kauai; however, the island is only 562 sq mi (1,456 
sq km) in size. Black-tailed deer are primarily browsers, but as they 
have a smaller rumen compared to other browsers in relation to their 
body size, they must select the most nutritious plants and parts of 
plants (Mule Deer Foundation 2011, in litt.). Their diet consist of a 
diversity of living, wilted, dry, or decaying vegetation, including 
leaves, needles, succulent stems, fruits, nuts, shrubs, herbaceous 
undergrowth, domestic crops, and grasses (NRCS 2005, in litt.). Black-
tailed deer consume native vegetation on the island of Kauai (van Riper 
and van Riper 1982, pp. 42-43; Stone 1985, pp. 262-263; Tomich 1986, 
pp. 132-134, Cuddihy and Stone 1990, p. 67). In the 1990s, it was 
estimated there were about 350 animals in and near Waimea Canyon; 
however, in 2013 the population was estimated to be 1,000 to 1,200 
animals in public

[[Page 58888]]

hunting areas (not including private lands), and was expanding into the 
southern and eastern sections of the island (Mule Deer Working Group 
2013, in litt.). According to State records, black-tailed deer are 
feeding largely on the introduced species strawberry guava (Psidium 
cattleianum) and thimbleberry (Rubus rosifolius) as well as the native 
species Alyxia stellata (maile), Dodonaea viscosa (aalii), Dianella 
sandwicensis (ukiuki), Coprosma sp. (pilo), and Acacia koa (Cuddihy and 
Stone 1990, p. 67). Browsing by black-tailed deer poses a threat to the 
Kauai plant species Asplenium diellaciniatum, Nothocestrum latifolium, 
Ranunculus mauiensis, and Santalum involutum proposed for listing here.
Mouflon and Sheep
    Mouflon, feral domestic sheep, and mouflon-sheep hybrids browse 
native vegetation on Lanai and Hawaii Island. Domestic sheep have been 
raised on Kauai, Lanai, Kahoolawe, and Hawaii, but today sheep farming 
only occurs on Hawaii Island on Mauna Kea and Hualalai (Pratt and 
Jacobi in Pratt et al. 2009, p. 151). Sheep browse (eating shoots, 
leaves, flowers, and bark) on the native Sophora chrysophylla (mamane), 
the primary food source of the endangered forest bird, the palila 
(Loxioides bailleui) (Scowcroft and Sakai 1983, p. 495). Feral sheep 
reductions were initiated in palila habitat; however, even after most 
were removed, tree bark stripping continued and some mamane populations 
did not recover (Pratt and Jacobi in Pratt et al. 2009, p. 151). On 
Hawaii Island, vegetation browsing by mouflon led to the decline of the 
largest population of the endangered Argyroxiphium kauense (kau 
silversword, Mauna Loa silversword, or ahinahina), reducing it from a 
``magnificent population of several thousand'' (Degener et al. 1976, 
pp. 173-174) to fewer than 2,000 individuals in a period of 10 years 
(unpublished data in Powell 1992, in litt.). Mamane is also preferred 
browse for mouflon, and according to Scowcroft and Sakai (1983, p. 
495), mouflon eat the shoots, leaves, flowers, and bark of this 
species. Mouflon are also reported to strip bark from native koa trees 
and to seek out the native plants Geranium cuneatum (hinahina), 
Sanicula sandwicensis, and Silene hawaiiensis, as well as Lanai 
occurrences of Gardenia brighamii (Benitez et al. 2008, p. 57; Mehrhoff 
1993, p. 11). While mouflon were introduced to Lanai and Hawaii Island 
as game mammals, a private game ranch on Maui has added mouflon to its 
stock, and it is likely that over time some individuals may escape 
(Hess 2010, pers. comm.; Kessler 2010, pers. comm.). Browsing and 
grazing by mouflon, feral domestic sheep, and mouflon-sheep hybrids 
poses a particular threat to the following plant species proposed for 
listing in this rule: Exocarpos menziesii on Lanai and Hawaii Island 
(Keitt and Island Conservation 2008, pp. 90, 92; NPS 2013, pp. i, 124); 
Festuca hawaiiensis on Hawaii Island (Oppenheimer 2001, in litt.; HBMP 
2007, in litt.); Nothocestrum latifolium on Lanai (PEPP 2012, p. 129); 
Phyllostegia brevidens on Hawaii Island (PEPP 2014, p. 136); Portulaca 
villosa on Lanai (HBMP 2010); Ranunculus hawaiensis on Hawaii Island 
(HBMP 2010); and Sicyos macrophyllus on Hawaii Island (HBMP 2010). As 
feral sheep and mouflon occur in all of the described ecosystems except 
for the anchialine pool ecosystem, the data from studies, cited above, 
suggest that herbivory by feral sheep and mouflon likely also pose a 
threat to the yellow-faced bees on Lanai (Hylaeus anthracinus, H. 
assimulans, H. facilis, H. hilaris, and H. longiceps), by eating their 
host plants.
Feral Cattle
    Grazing by cattle is considered one of the most important factors 
in the destruction of Hawaiian forests (Baldwin and Fagerlund 1943, pp. 
118-122). Feral cattle are currently found only on the islands of 
Molokai, Maui, and Hawaii (Tomich 1986, pp. 140-144; de Sa et al. 2013, 
29 pp.). Cattle consume tree seedlings and browse saplings (Cuddihy 
1984, p. 16). In Hawaii Volcanoes National Park (Hawaii Island), 
Cuddihy reported that there were twice as many native plant species as 
nonnatives in areas that had been fenced to exclude cattle (Cuddihy 
1984, pp. 16, 34). Loss of the native sandalwood forest on Lanai is 
attributed to cattle (Skottsberg 1953 in Cuddihy 1984, p. 16). Browsing 
and grazing by feral cattle poses a particular threat to the following 
plant species proposed for listing: Huperzia stemmermanniae on Maui and 
Hawaii Island (Medeiros et al. 1996, p. 96); Ochrosia haleakalae on 
Maui (HBMP 2010); Phyllostegia brevidens on Hawaii Island (PEPP 2011, 
p. 144); Ranunculus hawaiensis on Hawaii Island (HBMP 2010); R. 
mauiensis on Maui and Hawaii Island (PEPP 2012, p. 144; PEPP 2013, p. 
178; PEPP 2014, pp. 154-155; HBMP 2010); Schiedea pubescens on Maui 
(Wood 2005, in litt.; HBMP 2010); Sicyos macrophyllus on Hawaii Island 
(PEPP 2010, p. 111; HBMP 2010); and Solanum nelsonii on Molokai (Wood 
1999, in litt.; HBMP 2010). As feral cattle occur in six of the 
described ecosystems (lowland dry, lowland mesic, lowland wet, montane 
wet, montane mesic, and subalpine) on Molokai, Maui, and Hawaii Island, 
the results from the studies cited above, in addition to direct 
observations from field biologists, suggest that grazing by feral 
cattle can directly damage or destroy these plants.
Blackbuck
    The blackbuck antelope (Antelope cervicapra) is a species from 
India brought to a private game reserve on Molokai about 15 years ago 
from an Indian zoo (Kessler 2010, pers. comm.). According to Kessler 
(2010, pers. comm.), a few individuals escaped captivity and 
established a wild population of unknown size on the low, dry plains of 
western Molokai. Blackbuck primarily use grassland habitat for grazing. 
In India, foraging consumption and nutrient digestibility are high in 
the moist winter months and low in the dry summer months (Jhala 1997, 
pp. 1348, 1351). Although most plant species are grazed intensely when 
they are green, some are grazed only after they are dry (Jhala 1997, 
pp. 1348, 1351). While the possible habitat effects from the blackbuck 
antelope are unknown at this time, we consider this ungulate a 
potential threat to native plant species, including six plants that are 
known from dry areas on Molokai, and are proposed for listing in this 
rule (Gardenia remyi, Nothocestrum latifolium, Portulaca villosa, 
Pseudognaphalium sandwicensium var. molokaiense, Ranunculus mauiensis, 
and Solanum nelsonii). The blackbuck antelope may potentially threaten 
the yellow-faced bees Hylaeus anthracinus, H. facilis, H. hilaris, and 
H. longiceps proposed for listing in this rule by consuming their 
native host plants on Molokai.
Other Introduced Vertebrates
Rats
    Three species of introduced rats occur in the Hawaiian Islands. 
Studies of Polynesian rat (Rattus exulans) DNA suggest they first 
appeared in the islands along with emigrants from the Marquesas Islands 
(French Polynesia) in about 400 A.D., with a second introduction around 
1100 A.D. (Ziegler 2002, p. 315). The black rat (R. rattus) and the 
Norway rat (R. norvegicus) arrived in the islands more recently, as 
stowaways on ships sometime in the late 19th century (Atkinson and 
Atkinson 2000, p. 25). The Polynesian rat and the black rat are 
primarily found in rural and remote areas of Hawaii, in dry to wet 
habitats, while the Norway

[[Page 58889]]

rat is typically found in urban areas or agricultural fields (Tomich 
1986, p. 41). The black rat is widely distributed throughout the main 
Hawaiian Islands and can be found in a range of ecosystems and as high 
as 9,000 ft (2,700 m), but it is most common at low- to mid-elevations 
(Tomich 1986, pp. 38-40). Sugihara (1997, p. 194) found both the black 
and Polynesian rats up to 7,000 ft (2,000 m) on Maui, but found the 
Norway rat only at lower elevations. Rats are omnivorous and eat almost 
any type of food (Nelson 2012, in litt.). Rats occur in seven of the 
described ecosystems (coastal, lowland mesic, lowland wet, montane wet, 
montane mesic, montane dry, and wet cliff), and predation by rats 
threatens 18 of the plants proposed for listing in this rule 
(Calamagrostis expansa (Maui and Hawaii Island; HBMP 2010), Cyanea 
kauaulaensis (Maui; PEPP 2012, pp. 71-72; PEPP 2014, p. 73), Gardenia 
remyi (Kauai; NTBG 2004), Joinvillea ascendens ssp. ascendens (Kauai, 
Oahu, Molokai, Maui, and Hawaii Island; PEPP 2014, p. 109), Kadua 
haupuensis (Kauai; Lorence et al. 2010, p. 140), Labordia lorenciana 
(Kauai; Wood et al. 2007, p. 198), Phyllostegia helleri (Kauai; HBMP 
2010), P. stachyoides (Molokai, Maui, and Hawaii Island; PEPP 2012, p. 
133; PEPP 2013, pp. 158-159; PEPP 2014, pp. 140-142), Pritchardia 
bakeri (Oahu; Hodel 2012, pp. 42, 73), Ranunculus hawaiensis (Maui, 
Hawaii Island; HBMP 2010), R. mauiensis (Kauai, Oahu, Molokai, Maui, 
and Hawaii Island; HBMP 2010), Sanicula sandwicensis (Maui and Hawaii 
Island; PEPP 2012, p. 148), Santalum involutum (Kauai; Harbaugh et al. 
2010, pp. 835-836), Schiedea diffusa ssp. diffusa (Molokai, Maui; HBMP 
2010), S. pubescens (Molokai, Lanai, Maui; Wood 2005, in litt.; HBMP 
2010), Sicyos macrophyllus (Maui and Hawaii Island; Pratt 2008, in 
litt.), Solanum nelsonii (NWHI, Niihau, Molokai, Maui, and Hawaii 
Island; PEPP 2012, p. 156; PEPP 2014, p. 167), and Wikstroemia 
skottsbergiana (Kauai; Mitchell et al. 2005, in litt.), and the band-
rumped storm-petrel (Lehua, Niihau, Kauai, Maui, and Hawaii Island; 
Pyle and Pyle 2009, in litt.), proposed for listing in this rule.
    Rat Impacts on Plants: Rats impact native plants by eating fleshy 
fruits, seeds, flowers, stems, leaves, roots, and other plant parts 
(Atkinson and Atkinson 2000, p. 23), and by stripping bark and cutting 
small branches (twig cutting) in search of moisture and nutrients, 
seriously affecting vigor and regeneration (Abe and Umeno 2011, pp. 27-
39; Nelson 2012, in litt.). Studies in New Zealand have demonstrated 
that differential regeneration as a consequence of rat predation alters 
species composition of forested areas (Cuddihy and Stone 1990, pp. 68-
69). Rats have caused declines or even the total elimination of island 
plant species (Campbell and Atkinson 1999 in Atkinson and Atkinson 
2000, p. 24). In the Hawaiian Islands, rats may consume as much at 90 
percent of the seeds produced by some native plants, and in some cases 
prevent regeneration of forest species completely (Cuddihy and Stone 
1990, pp. 68-69). Hawaiian plants with fleshy fruit, such as Cyanea and 
Pritchardia, are particularly susceptible to rat predation (Cuddihy and 
Stone 1990, pp. 67-69). Predation of seeds by rats poses an ongoing 
threat to all the Hawaiian Pritchardia palms, including P. bakeri 
proposed for listing in this rule, because rats are able to consume 
every seed in a fruiting stalk, preventing successful reproduction 
(Hodel 2012, pp. 42, 73). Fossil pollen records indicate that 
Pritchardia palms were once among the dominant species of coastal, 
lowland, and interior forests (Burney et al. 2001, pp. 630-631; Chapin 
et al. 2007, p. 21); today, complete coverage by all age classes of 
Pritchardia occurs only on small islets currently unoccupied by rats 
(Athens 2009, p. 1498). As rats occur in seven of the described 
ecosystems, the results from the studies cited above, in addition to 
direct observations by field biologists, suggest that predation by rats 
can directly damage or destroy native plants.
    Rat Impacts on the Band-Rumped Storm-Petrel: Introduced predators 
are the most serious threat facing the band-rumped storm-petrel. Rats 
occur on all the main Hawaiian Islands, and populations are also high 
on Lehua; however, attempts to control rats on Lehua are ongoing 
(Parkes and Fisher 2011, 48 pp.). Ground-, crevice-, and burrow-nesting 
seabirds, as well as their eggs and young, are highly susceptible to 
predation by rats; storm-petrels are the most susceptible of seabirds 
to rat predation and have experienced population level impacts and 
extirpation as a result (Simons 1984, p. 1073; Jones et al. 2008, p. 
20-21). Evidence from the islands of Hawaii and Maui show that the 
Hawaiian petrel, which nests in some of the same areas as the band-
rumped storm-petrel, suffers huge losses to introduced predators 
(Johnston 1992, in litt.; Hodges and Nagata 2001, pp. 308-310; Hu et 
al. 2001, p. 234). The effects of introduced predators on the breeding 
success of the band-rumped storm-petrel are probably similar to the 
documented effects on the breeding success of Hawaiian petrels because 
these birds are similarly vulnerable. Population modeling showed that 
consistent predation of Hawaiian petrels, where reproductive success 
was reduced to 35 percent and adult survival was 80 percent, could 
drive a population to extinction in 20 to 30 years (Simons 1984, pp. 
1071-1073). Rat bones were collected from a band-rumped storm-petrel 
nest on a sheer cliff on Kauai, and two live rats were observed moving 
along small rock ledges in the same area (Wood et al. 2002, p. 8), 
demonstrating that even remote, and otherwise inaccessible nest sites 
are not safe from these predators. Because rats are present in all 
three ecosystems in which the band-rumped storm-petrel occurs (coastal, 
dry cliff, and wet cliff), predation by rats could further decrease the 
numbers and populations of the band-rumped storm-petrel, and we do not 
anticipate a reduction of this threat in the near future.
Barn Owl Impacts on the Band-Rumped Storm-Petrel
    Two species of owls, the native pueo (Asio flammeus sandwichensis) 
and the introduced barn owl (Tyto alba), are known to prey on native 
birds. Between 1996 and 1998, 10 percent of nest failures of the 
endangered forest bird, the puaiohi (small Kauai thrush, Myadestes 
palmeri), on Kauai were attributed to owls (Snetsinger et al. 1994, p. 
47; Snetsinger et al. 2005, pp. 72, 79). In the Galapagos, the short-
eared owl (Asio flammeus galapagoensis), a close relative of the pueo, 
is the primary predator of juvenile and adult band-rumped storm-
petrels, and took more storm-petrels than other seabirds in some 
months. Predation by owls (Asio flammeus galapagoensis) was greatest 
during the cold season and on non-breeders, which spend more time on 
the ground prospecting for nesting sites (Harris 1969 in Slotterback 
2002, in litt.). Some predation avoidance behavior by band-rumped 
storm-petrels has been observed: Their nocturnal activity (feeding 
chicks only at night) and burrow-nesting habitat limit predation by 
gulls and frigatebirds, and non-reproductive birds decrease their 
activity (measured by fewer birds in flight and fewer vocalizations) 
around the period of the full moon to avoid predation (Bretagnolle 1990 
in Slotterback 2002, in litt.); however, it is uncertain how effective 
this behavior is against predation by owls.

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Cat Impacts on the Band-Rumped Storm-Petrel
    Cats (Felis catus) were introduced to Hawaii in the early 1800s and 
are present on all the main Hawaiian Islands (Tomich 1986, p. 101). 
Cats are notorious for their predation on birds (Tomich 1986, p. 102; 
Medina et al. 2011, pp. 3505-3507; Duffy and Capece 2012, pp. 176-177). 
Native mammalian carnivores are absent from oceanic islands because of 
their low dispersal ability, but once introduced, are significant 
predators on seabird colonies and terrestrial birds that are not 
adapted to predation by these animals (Nogales et al. 2013, p. 804; 
Ziegler 2002, p. 243; Scott et al. 1986, p. 363; Ainley et al. 1997, p. 
24; Hess and Banko 2006, in litt.). Cats may have contributed to the 
extinction of the Hawaiian rail (Porzana sandwichensis) (Stone 1985 in 
Stone and Scott 1985, p. 266). Although cats are more common at lower 
elevations, there are populations in areas completely isolated from 
human presence, including montane forests and alpine areas of Maui and 
Hawaii Island (Lindsey et al. in Pratt et al. 2009, p. 277; Scott et 
al. 1986, p. 363). Examination of the stomach contents of feral cats at 
Hakalau Forest NWR (Hawaii Island) found native and introduced birds to 
be the most common prey item (Banko et al. 2004, p. 162). Cats are 
believed to prey on roosting or incubating adult band-rumped storm-
petrels and young, as evidenced by carcasses found in Hawaii Volcanoes 
National Park depredated by cats (Hu, pers. comm. in Slotterback 2012, 
in litt.; Hess et al. 2008, pp. 11, 14). Causes of predation are better 
studied for the Hawaiian petrel, which is much larger in size but has 
nesting characteristics similar to those of the band-rumped storm-
petrel. On Mauna Loa (Hawaii Island), feral cats were major predators 
of Hawaiian petrels (Hu et al. 2001, p. 234), and on Haleakala (Maui) 
almost half of the known mortalities of Hawaiian petrels between 1964 
and 1996 were attributed to cats (Natividad Hodges and Nagata 2001, p. 
312; Hu et al. 2001, p. 234). Population modeling of the Hawaiian 
petrel indicated that the petrel population would be unable to 
withstand any level of predation for long, and even with seemingly low 
levels of predation, the petrel population would be reduced by half in 
fewer than 30 years (Simon 1984, p. 1073). The band-rumped storm petrel 
is small in size, nests in burrows and rock-crevices, lacks co-evolved 
predator avoidance behavior, and has a lengthy incubation and fledgling 
period, making this species highly vulnerable to predation by 
introduced mammals. Because feral cats occur in all three ecosystems in 
which the band-rumped storm petrel occurs, they are likely to be 
significant predators of these birds.
Mongoose Impacts on the Band-Rumped Storm-Petrel
    The small Indian mongoose (Herpestes auropunctatus) was introduced 
to Hawaii in 1883 to control rodents in sugar cane plantations (Tomich 
1986, pp. 95-96). This species quickly became widespread on Oahu, 
Molokai, Maui, and Hawaii Island, from sea level to elevations as high 
as 7,000 ft (2,130 m) (Tomich 1986, pp. 93-94). Mongooses have been 
sighted, and two captured, on Kauai, but it is still uncertain if there 
are established populations or how large populations might be (Kauai 
Invasive Species Committee 2013, in litt.; The Garden Island 2012, in 
litt.; Hess et al. in Pratt et al. 2009, p. 429). Mongooses are 
omnivorous, are known to prey on Hawaiian birds and their eggs, and are 
considered a likely factor in the decline of the endangered Hawaiian 
goose (nene, Branta sandvicensis) (Tomich 1986, p. 97). They are known 
or suspected predators on other Hawaiian birds including the Hawaiian 
crow (alala, Corvus hawaiiensis), the Hawaiian duck (koloa, Anas 
wyvilliana), the Hawaiian coot (alae keokeo, Fulica alai), the Hawaiian 
stilt (aeo, Himantopus mexicanus knudseni), the Hawaiian gallinule 
(ula, Gallinula chloropus sandvicensis), the Hawaiian petrel, and the 
Newell's shearwater. Bird extinctions in other areas are attributed to 
mongooses, the loss of the barred-wing rail (Nesoclopeus poecilopterus) 
in Fiji, and the Jamaica petrel (Pterodroma caribbaea) (Hays and Conant 
2007, p. 6). Birds extirpated from islands occupied by mongooses retain 
their populations on islands known to be mongoose-free (Hays and Conant 
2007, p. 7). In Hawaii, mongooses are found in habitat that would have 
been unsuitable for it within its natural range, and they have no 
predators and few communicable diseases or parasites. Because mongooses 
occur in all three ecosystems in which the band-rumped storm-petrel 
occurs, they are likely to be significant predators of the band-rumped 
storm-petrel.
Nonnative Fish Impacts on the Orangeblack Hawaiian Damselfly
    Predation by nonnative fishes on the orangeblack Hawaiian damselfly 
is a significant threat. Similar to the aquatic insects, Hawaii has a 
depauperate freshwater fish fauna, with only five native species 
comprised of gobies (Gobiidae) and sleepers (Eleotridae) that occur on 
all the main islands (Devick 1991, p. 196). Information on these five 
species indicates that the Hawaiian damselflies probably experienced 
limited natural predation pressure from these native fishes (Kido 1997, 
p. 493; Englund 1999, p. 236). Conversely, fish predation has been an 
important factor in the evolution of behavior in damselfly naiads in 
continental systems (Johnson 1991, p. 13). Some species of damselflies, 
including the native Hawaiian species, are not adapted to coexist with 
some fish species, and are found only in bodies of water without fish 
(Henrikson 1988, pp. 179-180; McPeek 1990a, pp. 92-93). The naiads of 
these species tend to occupy more exposed positions and engage in 
conspicuous foraging behavior that makes them susceptible to predation 
by fishes (Macan 1977, p. 47; McPeek 1990b, p. 1722). The introduction 
of nonnative fishes has been implicated in the extirpation of a species 
related to the orangeblack Hawaiian damselfly, the Pacific Hawaiian 
damselfly (Megalagrion pacificum), from Oahu, Kauai, and Lanai, and 
from many streams on the remaining islands where it occurs (Moore and 
Gagne 1982, pp. 1-4). Over 70 species of fish have been introduced into 
Hawaiian freshwater habitats (Devick 1991, p. 189; Englund and Eldredge 
in Staples and Cowie 2001, p. 32; Englund 2004, in litt., p.27). The 
impact of fish introductions prior to 1900 cannot be assessed because 
this predates the initial collection of damselflies in Hawaii (Perkins 
1913, p. clxxvi). In 1905, two species, the mosquito fish (Gambusia 
affinis) and the sailfin molly (Poecilia latipinna), were introduced 
for biological control of mosquitoes (Van Dine 1907, pp. 6-9). In 1922, 
three additional species were established for mosquito control, the 
green swordtail (Xiphophorus helleri), the moonfish (Xiphophorus 
maculatus), and the guppy (Poecilia reticulata). By 1935, the 
orangeblack Hawaiian damselfly was found only in waters without 
introduced fishes (Williams 1936, p. 289; Zimmerman 1948b, p. 341; 
Polhemus 1993, p. 591; Englund 1998, p. 235). Beginning about 1980, a 
large number of new fish introductions began in Hawaii, originating 
primarily from the aquarium fish trade (Devick 1991, p. 189). This 
recent wave of fish introductions on Oahu corresponded with the drastic 
decline and range reduction of other Hawaiian damselfly species: The 
endangered oceanic Hawaiian damselfly (M. oceanicum), the endangered 
crimson Hawaiian

[[Page 58891]]

damselfly (M. leptodemas), and the endangered blackline Hawaiian 
damselfly (M. nigrohamatum nigrolineatum). Currently, these damselflies 
are found only in drainages or higher parts of stream systems where 
nonnative fish are not yet established (Englund and Polhemus 1994, pp. 
8-9; Englund 2004, in litt., p. 27). In summary, Hawaiian damselflies 
evolved with few, if any, predatory fishes and exposed behavior of most 
of the fully aquatic species, including the orangeblack Hawaiian 
damselfly, makes them particularly vulnerable to predation by nonnative 
fish.
Nonnative Fish Impacts on the Anchialine Pool Shrimp
    In Hawaii, the introduction of nonnative fishes, including bait-
fish, into anchialine pools may have been a major contributor to the 
decline of native shrimp. Predation by nonnative fishes is considered 
the greatest threat to native shrimp within anchialine pool systems 
(Bailey-Brock and Brock 1993, p. 354). These impacts are discussed 
further in ``E. Other Natural or Manmade Factors Affecting Their 
Continued Existence,'' below.
Introduced Invertebrates
Slugs
    Herbivory by nonnative slugs is reported to adversely impact 8 of 
the 39 plant species (Cyanea kauaulaensis (Maui); Deparia kaalaana 
(Kauai, Maui, Hawaii Island), Labordia lorenciana (Kauai), Phyllostegia 
brevidens (Maui), P. stachyoides (Molokai, Maui), Ranunculus mauiensis 
(Maui), Schiedea diffusa ssp. diffusa (Maui), and S. pubescens (Maui); 
see Table 3) proposed for listing in this rule, through mechanical 
damage, destruction of plant parts, and mortality (Joe 2006, p. 10; 
HBMP 2010; PEPP 2011, pp. 149, 170; PEPP 2012, pp. 71-72, 117-118, 133, 
144-145, 153; PEPP 2013, pp. 54, 67, 91, 125-126, 158-159, 177-178, 
185; Oppenheimer and Bustamente 2014, p. 106; PEPP 2014, pp. 73, 112-
114, 136, 141-142, 154-156, 159, 162-163). Slugs are known to damage 
individuals of Cyanea and Cyrtandra species in the wild (Wood 2001, in 
litt.; Sailer and Kier 2002, in litt.; PEPP 2007, p. 38; PEPP 2008, pp. 
23, 29, 52-53, 57). Information in the U.S. Army's 2005 ``Status Report 
for the Makua Implementation Plan'' indicates that herbivory by slugs 
can be a threat to all species of Cyanea, and can result in up to 80 
percent seedling mortality (U.S. Army Garrison 2005, p. 3-51). Slug 
damage has also been reported on other Hawaiian plants including 
Argyroxiphium grayanum (greensword), Alsinidendron sp., Hibiscus sp., 
Schiedea kaalae (maolioli), Solanum sandwicense (popolo aiakeakua), and 
Urera sp. (Gagne 1983, p. 190-191; Sailer 2006, pers. comm. in Joe 
2006, pp. 28-34). Joe and Daehler (2008, p. 252) found that native 
Hawaiian plants are more vulnerable to slug damage than nonnative 
plants. In particular, they found that individuals of the endangered 
plants Cyanea superba and Schiedea obovata had 50 percent higher 
mortality when exposed to slugs as compared to individuals that were 
within exclosures without slugs. As slugs are reported in 5 of the 11 
ecosystems (lowland mesic, lowland wet, montane wet, montane mesic, and 
wet cliff), on all the main Hawaiian Islands, the data from the studies 
cited above, in addition to direct observations by field biologists, 
suggest that slugs can directly damage or destroy native plants.
Backswimmers
    Predation by nonnative backswimmers (Heteroptera: Notonectidae) 
poses a threat to the orangeblack Hawaiian damselfly. Backswimmers are 
aquatic true bugs (Heteroptera) in the family Notonectidae, so called 
because they swim upside down. Backswimmers are voracious predators and 
frequently feed on prey much larger than themselves, such as tadpoles, 
small fish, and other aquatic invertebrates including damselfly naiads 
(Borror et al. 1989, p. 296; Zalom 1978, p. 617). Backswimmers (several 
species) were introduced in recent times. Buenoa pallipes (NCN) has 
been recorded from Hawaii Island, Oahu, Maui, and Kauai (Zimmerman 
1948a, pp. 232-233; Larsen 1996, p. 40). This species is found in 
streams and can be abundant in lowland ponds and reservoirs. It feeds 
on any suitably sized insect, including damselfly naiads (Zalom 1978, 
p. 617). Two additional species of backswimmers have become established 
in Hawaii, Anisops kuroiwae (NCN) on Maui and Lanai, and Notonecta 
indica (NCN) on Hawaii Island, Oahu, and Maui (Larsen 1996, pp. 39-40). 
The mere presence of backswimmers in the water can cause naiads to stop 
foraging, reducing their growth, development, and survival (Heads 1986, 
pp. 375-376). Because of these attributes, predation by backswimmers 
poses a threat to the orangeblack Hawaiian damselfly.
Ants
    At least 47 species of ants are known to be introduced and 
established in the Hawaiian Islands (Hawaii Ants 2008, 11 pp.). No 
native ants species occur in Hawaii, and the native yellow-faced bee 
species in Hawaii evolved in the absence of predation pressure from 
ants. Ants are known to prey upon Hawaiian yellow-faced bee (Hylaeus) 
species, with observations of drastic reductions in yellow-faced bee 
populations in ant-infested areas (Medeiros et al. 1986, pp. 45-46; 
Reimer 1994, p. 17; Stone and Loope 1987, p. 251; Cole et al. 1992, pp. 
1313, 1317, 1320). The presence of ants in nearly all of the low-
elevation habitat sites currently and historically occupied by yellow-
faced bee species may preclude these species' recovery in some of these 
areas (Reimer 1994, pp. 17-18; Daly and Magnacca 2003, pp. 9-10). 
Although the primary impact of ants on Hawaii's native invertebrate 
fauna is via predation, they also compete for nectar (Reimer 1994, p. 
17; Howarth 1985, p. 155; Hopper et al. 1996, p. 9; Holway et al. 2002, 
pp. 188, 209; Daly and Magnacca 2003, p. 9; Lach 2008, p. 155) and nest 
sites (Krushelnycky et al. 2005, pp. 6-7). Some ant species may impact 
yellow-faced bee species indirectly as well, by consuming seeds of 
native plants, thereby reducing the plants' recruitment and fecundity 
(Bond and Slingsby 1984, p. 1031). The threat of ant predation on the 
yellow-faced bees is amplified by the fact that most ant species have 
winged reproductive adults and can quickly expand their range by 
establishing new colonies in suitable habitat (Staples and Cowie 2001, 
p. 55). In addition, these attributes allow some ants to destroy 
otherwise geographically isolated populations of native arthropods 
(Nafus 1993, pp. 19, 22-23). Several studies suggest a serious 
ecosystem-level effect of invasive ants on pollination (Krushelnycky 
2005, p. 9; Lach 2008, p. 155). Where ranges overlap, ants compete with 
native pollinators such as yellow-faced bees and preclude them from 
pollinating native plants (Howarth 1985, p. 157). Lach (2008, p. 155) 
found that yellow-faced bees that regularly consume pollen from flowers 
of Metrosideros polymorpha (ohia) were entirely absent from trees with 
flowers visited by the ant Pheidole megacephala.
    The four most aggressive ant species in Hawaii are: The big-headed 
ant (Pheidole megacephala), the yellow crazy ant (Anoplolepis 
gracilipes), the tropical fire ant (Solenopsis geminata), and S. 
papuana (NCN). The big-headed ant is native to central Africa and was 
first reported in Hawaii in 1879 (Krushelnycky et al. 2005, p. 24). 
This species occurs from coastal to mesic habitat up to 4,000 ft (1,220 
m) in

[[Page 58892]]

elevation. With few exceptions, native insects have been eliminated in 
habitats where the big-headed ant is present (Perkins 1913, p. xxxix; 
Gagne 1979, p. 81; Gillespie and Reimer 1993, p. 22). Native habitat of 
the yellow crazy ant is not known, but it is speculated the species 
originated in West Africa (MacGown 2015, in litt.). It occurs in low- 
to mid-elevation (less than 2,000 ft (600 m)) in rocky areas of 
moderate rainfall (less than 100 in (250 cm) annually) (Reimer et al. 
1990, p. 42). Although surveys have not been conducted to ascertain 
this species' presence in each of the known habitats occupied by the 
seven yellow-faced bees, we know that the yellow crazy ant occurs 
adjacent to some of the identified populations' sites based upon 
observations of their expanding range and their preference for coastal 
and dry forest habitat (as indicated where the species is most commonly 
collected) (Antweb 2015, in litt.; Magnacca and King 2013, pp. 13-14). 
Direct observations indicate that Hawaiian arthropods are susceptible 
to predation by this ant species. Gillespie and Reimer (1993, pp. 21, 
26) and Hardy (1979, p. 37-38) documented the complete elimination of 
native spiders from mesic and dry forests after they were invaded by 
the big-headed ant and the yellow crazy ant. Lester and Tavite (2004, 
p. 291) found that the yellow crazy ant in the Tokelau Atolls (Central 
Polynesia) form very high densities in a relatively short period of 
time with locally serious consequences for invertebrate diversity. 
Densities of 3,600 individuals collected in pitfall traps within a 24-
hour period were observed, as well as predation on invertebrates 
ranging from crabs to other ant species. Results from these and other 
studies (Reimer et al. 1990, p. 47) indicate that yellow crazy ants 
have the potential as predators to profoundly affect endemic insect 
fauna in areas they occupy. We believe that the yellow crazy ant is a 
threat to populations of the Hawaiian yellow-faced bees in areas within 
their range. Solenopsis papuana, native to the Pacific region but not 
to Hawaii, is the only abundant, aggressive ant that has invaded intact 
mesic and wet forest, as well as coastal and lowland dry ecosystems. 
First detected in 1967, this species occurs from sea level to over 
3,600 ft (1,100 m) on all of the main Hawaiian Islands, and is still 
expanding its range (Reimer et al. 1990, p. 42; Reimer 1993, p. 14). 
Studies have been conducted that suggest a negative effect of this ant 
species on indigenous invertebrates (Gillespie and Reimer 1993, p. 21). 
Although surveys have not been conducted to ascertain the presence of 
S. papuana in each of the known ecosystems occupied by the seven 
yellow-faced bees, because of the expanding range of this introduced 
ant species, and its widespread occurrence in coastal to wet habitats, 
it is a possible threat to all known populations of the seven yellow-
faced bees proposed for listing in this rule. Solenopsis geminata is 
also considered a significant threat to native invertebrates in Hawaii 
(Wong and Wong 1988, p. 171). Found in drier areas of all the main 
Hawaiian Islands, it displaced Pheidole megacephala megacephala as the 
dominant ant in some localities more than 20 years ago (Wong and Wong 
1988, p. 175). Known to be a voracious predator, Solenopsis geminata 
this ant species was documented to significantly increase native fruit 
fly mortality in field studies in Hawaii (Wong and Wong 1988, p. 175). 
Solenopsis geminata is included in among the eight species ranked as 
having the highest potential risk to New Zealand species in a detailed 
pest risk assessment for the country (GISD 2011, in litt.), and is 
included as one of the five ant species listed among the ``100 of the 
World's Worst Invaders'' (Manaaki Landcare Research 2015, in litt.). In 
addition to predation, S. geminata workers tend honeydew-producing 
members of the Homoptera suborder, especially mealybugs, which can 
impact plants directly and indirectly through the spread of disease 
(Manaaki Landcare Research 2015, in litt.). Although surveys have not 
been conducted to ascertain the presence of S. geminata in each of the 
known seven yellow-faced bees' habitat sites, because of its expanding 
range and widespread presence, S. geminata is a threat to all known 
populations of the seven yellow-faced bees.
    Although we have no direct information that correlates the decrease 
in populations of the seven yellow-faced bees in this proposal directly 
to the establishment of nonnative ants, predation of and competition 
with other yellow-faced bee species by ants has been documented, 
resulting in clear reductions in or absence of populations (Magnacca 
and King 2013, p. 24). We expect similar predation impacts to the seven 
yellow-faced bees proposed for listing in this rule to continue as a 
result of the widespread presence of ants throughout the Hawaiian 
Islands, their highly efficient and non-specific predatory behavior, 
and their ability to quickly disperse and establish new colonies. 
Therefore, we conclude that predation by nonnative ants represents a 
threat to the continued existence of the seven yellow-faced bees, now 
and into the future.
Wasps
    Predation by the western yellow jacket wasp (Vespula pensylvanica) 
is an ongoing threat to the seven yellow-faced bees (Gambino et al. 
1987, p. 170; Wilson et al. 2009, pp. 1-5). The western yellow jacket 
is a social wasp species native to mainland North America. It was first 
reported on Oahu in the 1930s (Sherley 2000, p. 121), and an aggressive 
race became established in 1977 (Gambino et al. 1987, p. 170). In 
temperate climates, the western yellow jacket wasp has an annual life 
cycle, but in Hawaii's tropical climate, colonies of this species 
persist year round, allowing growth of large populations (Gambino et 
al. 1987, p. 170) and thus a greater impact on prey populations. Most 
colonies occur between 2,000 and 3,500 ft (600 and 1050 m) in elevation 
(Gambino et al. 1990, p. 1088), although they can also occur at sea 
level. The western yellow jacket wasp is known to be an aggressive, 
generalist predator and has been documented preying upon Hawaiian 
yellow-faced bee species (Gambino et al. 1987, p. 170; Wilson et al. 
2009, p. 2). It has been suggested that the western yellow jacket wasp 
may compete for nectar with native Hawaiian invertebrates, but we have 
no information to suggest this represents a threat to the seven yellow-
faced bees. Predation by the western yellow jacket wasp is a 
significant threat to the seven yellow-faced bee species because of the 
wasps' presence in habitat combined with the small number of 
occurrences and small population sizes of the Hawaiian yellow-faced 
bees.
Summary of Factor C
    We are unaware of any information that indicates that disease is a 
threat to the 39 plant species. We are also unaware of any information 
that indicates that disease is a threat to the band-rumped storm-
petrel, the orangeblack Hawaiian damselfly, or the anchialine pool 
shrimp, Procaris hawaiana, or the seven yellow-faced bees proposed for 
listing in this rule.
    We consider predation and herbivory by one or more of the nonnative 
animal species (pigs, goats, axis deer, black-tailed deer, sheep, 
mouflon, cattle, rats, barn owls, cats, mongooses, fish, slugs, 
backswimmers, ants, and wasps) to pose an ongoing threat to 33 of the 
39 plant species and to all 10 animal species proposed for listing 
throughout their ranges (see Table 3) for the following reasons:
    (1) Observations and reports have documented that pigs, goats, axis 
deer,

[[Page 58893]]

black-tailed deer, sheep, mouflon, and cattle browse 26 of the 39 plant 
species (see Table 3), in addition to other studies demonstrating the 
negative impacts of ungulate browsing on native plant species of the 
islands. Browsing by blackbuck antelope is currently a potential threat 
to plants that occur in the dry areas of Molokai, including the host 
plants for the yellow-faced bees.
    (2) Nonnative rats and slugs cause mechanical damage to plants and 
destruction of plant parts (branches, flowers, fruits, and seeds), and 
are considered a threat to 20 of the 39 plant species proposed for 
listing (see Table 3).
    (3) Rats also prey upon adults, juveniles, and eggs of the band-
rumped storm-petrel, and are linked with the dramatic decline of many 
closely related bird species. Because rats are found in all of the 
ecosystems in which the band-rumped storm-petrel occurs, we consider 
predation by rats to be an ongoing threat.
    (4) Barn owls and cats have established populations in the wild on 
all the main Hawaiian islands, and mongooses have established 
populations on all the main islands except for Kauai. Predation by 
these animals is an ongoing threat to the band-rumped storm-petrel.
    (5) The absence of Hawaiian damselflies (including the orangeblack 
Hawaiian damselfly) in streams and other aquatic habitat on the main 
Hawaiian Islands is strongly correlated with the presence of predatory 
nonnative fish; numerous observations and reports suggest nonnative 
predatory fishes eliminate native Hawaiian damselflies from these 
habitats. Accordingly, predation by nonnative fishes is an ongoing 
threat to the orangeblack Hawaiian damselfly.
    (6) Once introduced to anchialine pools, nonnative fish, through 
predation and competition for food sources, directly impact anchialine 
pool shrimp, including Procaris hawaiana, and also disrupt anchialine 
pool ecology.
    (7) Herbivory (leading to damage, destruction of reproductive 
parts, and mortality of seedlings) by slugs, is a known threat to 10 of 
the 39 plant species proposed for listing.
    (8) The presence of backswimmers in aquatic habitat can cause 
damselfly naiads, including those of the orangeblack Hawaiian 
damselfly, to stop foraging, reducing their growth, development, and 
survivability. In addition, backswimmers can directly feed on damselfly 
naiads, posing a significant threat to the orangeblack Hawaiian 
damselfly.
    (9) Predation by nonnative ants and wasps poses a threat to all 
seven yellow-faced bees.
    These threats are serious and ongoing, act in concert with other 
threats to the species, and are expected to continue or increase in 
magnitude and intensity into the future without effective management 
actions to control or eradicate them. In addition, negative impacts to 
native Hawaiian plants on Molokai from grazing and browsing by 
blackbuck antelope are likely should this nonnative ungulate increase 
in numbers and range on the island. The effects of the combined threats 
suggest the need for immediate implementation of recovery and 
conservation methodologies.

D. The Inadequacy of Existing Regulatory Mechanisms

    Currently, there are no existing Federal, State, or local laws, 
treaties, or regulations that specifically conserve or protect 48 of 
the 49 species (except the band-rumped storm-petrel, as discussed 
below) proposed for listing, or adequately address the threats to all 
49 species described in this proposed rule. There are a few small 
programs and organizations that conduct vegetation monitoring, and 
nonnative species and predator control, but these activities are not 
regulatory, and continuation of conservation efforts, or funding for 
them, is not guaranteed. Hawaii's Plant Extinction Prevention Program 
(PEPP) is a multi-agency (Federal, State, and private) program that 
identifies and supports the ``rarest of the rare'' Hawaiian plant 
species in need of immediate conservation efforts. The goal of PEPP is 
to prevent the extinction of plants species that have fewer than 50 
individuals remaining in the wild in the Hawaiian Islands and Guam and 
the Commonwealth of the Northern Mariana Islands (GPEPP). Partnerships 
such as the Hawaii Invasive Species Council (HISC) and the Coordinating 
Group on Alien Pest Species (CGAPS) were formed in 2002 and 1995, 
respectively, but their conservation actions are also limited, as 
discussed below. The capacity of Federal and State agencies and their 
nongovernmental partners in Hawaii to mitigate the effects of nonnative 
species, such as ungulates and weeds, is limited due to the large 
number of taxa currently causing damage (CGAPS 2009). Many invasive 
nonnative plants established in the Hawaiian Islands have currently 
limited but expanding ranges and are of concern. Resources available to 
reduce the spread of these species and counter their negative effects 
are limited. Control efforts are largely focused on a few invasive 
species that cause significant economic or environmental damage to 
public and private lands. Comprehensive control of an array of 
nonnative species and management to reduce disturbance regimes that 
favor them remains limited in scope. If current levels of funding and 
regulatory support for control of nonnative species are maintained, the 
Service expects existing programs to continue to exclude or, on a very 
limited basis, control these species only in the highest-priority 
areas. Threats from established nonnative ungulates and predators, 
plants, and invertebrates are ongoing and expected to continue into the 
future.
    The Hawaiian population of band-rumped storm-petrel is currently 
protected under Federal law by the Migratory Bird Treaty Act (MBTA) (16 
U.S.C. 703 et seq.). The MBTA 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. The MBTA regulates most aspects of take, 
possession, transport, sale, purchase, barter, export, and import of 
migratory birds and prohibits the killing, capturing, and collecting of 
individuals, eggs, and nests, unless such action is authorized by 
permit. While the MBTA does prohibit actions that directly kill a 
covered species, unlike the Endangered Species Act it does not prohibit 
habitat modification that indirectly kills or injures a covered 
species, affords no habitat protection when the birds are not present, 
and provides only very limited mechanisms for addressing chronic 
threats to covered species. The Hawaiian population of the band-rumped 
storm-petrel is listed by the State of Hawaii as an endangered species 
under Hawaii State Endangered Species Act (Hawaii ESA) (HRS 195D-4(a)), 
which also prohibits take, possession, sale, transport, or export of 
adults, eggs, or young, except as authorized by law, license, or 
permit, but like the MBTA, the Hawaii ESA affords no protection of 
habitat.
Terrestrial Habitat and Feral Ungulates
    Nonnative ungulates pose a major ongoing threat to 37 of the 39 
plant species, and 9 of the 10 animals species (all except the 
anchialine pool shrimp, Procaris hawaiana) through destruction and 
modification of terrestrial habitat, and through direct predation of 26 
of the 39 plant species (see ``A. The Present or Threatened 
Destruction, Modification, or Curtailment of Its Habitat or Range'' and 
``C. Disease and

[[Page 58894]]

Predation,'' above; and Table 3). The State of Hawaii provides game 
mammal (feral pigs and goats; axis deer; black-tailed deer; and sheep, 
mouflon, and mouflon-sheep hybrids) hunting opportunities on 91 State-
designated public hunting areas (within 45 units) on all the main 
Hawaiian Islands except Kahoolawe and Niihau (HAR 2003, 13-123, rev 
2010; HDLNR 2009, pp. 25-30); however, there are private hunting 
opportunities on Niihau (Niihau Safaris Inc. 2015, in litt.). The 
State's management objectives for game animals range from maximizing 
public hunting opportunities (e.g., ``sustained yield'') in some areas 
to removal by State staff or their designees in other areas (HAR 2003, 
13-123 rev 2010; HDLNR 2009, pp. 25-30). Thirty of the 39 plant 
species, the band-rumped storm-petrel, the orangeblack Hawaiian 
damselfly, and three yellow-faced bees (Hylaeus assimulans, H. facilis, 
and H. longiceps) have populations in areas where terrestrial habitat 
may be manipulated for game enhancement and game populations are 
maintained at certain levels for public hunting (Holmes and Joyce 2009, 
4 pp.; HAR 2003, 13-123, rev 2010; HBMP 2010). Public hunting areas are 
defined, but not fenced, and game mammals have unrestricted access to 
most areas across the landscape, regardless of underlying land-use 
designation. While fences are sometimes built to protect areas from 
game mammals, the current number and locations of fences are not 
adequate to prevent habitat destruction and modification for 37 of the 
39 plant species, the band-rumped storm-petrel, the orangeblack 
Hawaiian damselfly, or the seven yellow-faced bees on all the main 
Hawaiian islands (except Kahoolawe) (see Table 3). After an incident in 
2012 of inter-island transport of axis deer to Hawaii Island, which 
until that time had been free of axis deer, a bill was enacted to 
prohibit inter-island transportation and possession of wild or feral 
deer under Hawaii Revised Statute Title 12, 183D-52 (2014), but there 
are no other regulations designed to address habitat protection from 
ungulates, including game mammals.
Aquatic Habitat
    Existing regulations are inadequate to maintain stream flow, 
springs, ponds, and seeps year-round for the different life stages of 
the orangeblack Hawaiian damselfly, proposed for listing in this rule. 
In Hawaii, instream flow is regulated by establishing standards on a 
stream-by-stream basis. The standards currently in effect represent 
flow conditions in 1987 (status quo), the year the administrative rules 
were adopted (State Water Code, HRS 174C-71, and HAR Title 13, Ch 169-
44-49). The State of Hawaii considers all natural flowing surface water 
(streams, springs, and seeps) as State property (HRS 174C), and the 
HDLNR has management responsibility for the aquatic organisms in these 
waters (HRS Annotated 1988, Title 12; 1992 Cumulative Supplement). 
Accordingly, damselfly populations (including the orangeblack Hawaiian 
damselfly) in all natural flowing surface waters are under jurisdiction 
of the State of Hawaii, regardless of property ownership.
    The State of Hawaii manages the use of surface and ground water 
resources through the Commission on Water Resource Management (Water 
Commission), as mandated by the 1987 State Water Code (HRS 174 and HAR 
Title 13, Ch 168 and 169). Because of the complexity of establishing 
instream flow standards (IFS) for approximately 376 perennial streams, 
the Water Commission established interim IFS at status quo levels in 
1987 (Commission of Water Resource Management (CWRM) 2009). In the 
Waiahole Ditch Combined Contested Hearing on Oahu (1997-2006), the 
Hawaii Supreme Court determined that status quo interim IFS were not 
adequate, and required the Water Commission to reassess the IFS for 
Waiahole Ditch and other streams statewide (Case No. CCH-OA95-1; Maui 
Now.com, in litt.). The Water Commission has been gathering information 
to fulfill this requirement since 2006, but no IFS recommendations have 
been made to date (CWRM 2008, p. 3-153; CWRM 2014, in litt.).
    In the Hawaii Stream Assessment Report (DLNR 1990), prepared in 
coordination with the National Park Service (NPS), the Water Commission 
identified high-quality rivers or streams (and portions thereof) that 
may be placed within a Wild and Scenic River system. This report ranked 
70 out of 176 streams analyzed as outstanding high-quality habitat, and 
recommended that streams meeting certain criteria be protected from 
further development (DLNR 1990, pp. xxi-xxiv). However, there is no 
mechanism within the State's Water Code to designate and set aside 
these streams, or to identify and protect stream habitat, for 
damselflies. The U.S. Army Corps of Engineers (COE) has regulatory 
jurisdiction under section 404 of the Clean Water Act (33 U.S.C. 1251 
et seq.) for activities that would result in a discharge of dredged or 
fill material into waters of the United States; however, in issuing 
these permits, the COE does not typically establish IFS as a matter of 
policy (U.S. Army 1985, RGL 85-6).
    There are no existing regulatory mechanisms that specifically 
protect Hawaii's anchialine pools (habitat for the anchialine pool 
shrimp, Procaris hawaiana, and the orangeblack Hawaiian damselfly); 
however, 2 anchialine pools on Maui and 12 anchialine pools on Hawaii 
Island are located within State Natural Area Reserves (NARs) (Ahihi-
Kinau and Manuka, respectively). Designation as a State NAR prohibits 
the removal of any native organism and the disturbance of pools (HAR 
13-209-4). The State NARs were created to preserve and protect samples 
of Hawaii's ecosystems and geological formations, and are actively 
managed and monitored. Though signs are posted at NARs to notify the 
public that pools are off-limits to bathers and other activities, the 
State NARs have no funding for proper enforcement of those 
restrictions.
    Because there are currently no Federal, State, or local laws, 
treaties, or regulations that specifically or effectively conserve or 
protect the anchialine pool shrimp and the orangeblack Hawaiian 
damselfly, or adequately address inadequate maintenance and protection 
of instream flow, springs, seeps, and anchialine pools for the 
anchialine pool shrimp and the orangeblack Hawaiian damselfly habitat, 
these threats are ongoing and are expected to continue into the future.
Introduction of Nonnative Species
    Under statutory authorities provided by Chapter 183D, HRS, the DLNR 
maintains HAR Ch 124 (2014), which defines ``injurious wildlife'' as 
``any species or subspecies of animal except game birds and game 
mammals which is known to be harmful to agriculture, aquaculture, 
indigenous wildlife or plants, or constitute a nuisance or health 
hazard and is listed in the exhibit entitled ``Exhibit 5, Chapter 13-
124, List of Species of Injurious Wildlife in Hawaii.'' Under HAR 13-
124-3-(d), ``no person shall, or attempt to: (1) Release injurious 
wildlife into the wild; (2) Transport them to islands or locations 
within the State where they are not already established and living in a 
wild state; and (3) Export any such species or the dead body or parts 
thereof, from the State. Permits for these actions may be considered on 
a case-by-case basis.'' As discussed in ``Habitat Destruction and 
Modification by Introduced Ungulates,'' and ``Terrestrial Habitat and 
Feral Ungulates,'' above, a bill was enacted to prohibit inter-island 
transportation and possession of wild or feral deer under Hawaii 
Revised Statute Title 12, 183D-

[[Page 58895]]

52 (2014), but no other game mammals are regulated by this statute.
    Currently, four agencies are responsible for inspection of goods 
arriving in Hawaii (CGAPS 2009). The Hawaii Department of Agriculture 
(HDOA) inspects domestic cargo and vessels and focuses on nonnative 
pest species of concern to Hawaii, especially insects or plant diseases 
not yet known to be present in the State. The U.S. Department of 
Homeland Security--Customs and Border Protection (CBP) is responsible 
for inspecting commercial, private, and military vessels and aircraft 
and related cargo and passengers arriving from foreign locations. CBP 
focuses on a wide range of quarantine issues involving non-propagative 
plant materials, wooden packing materials, timber, and products; 
internationally regulated commercial species under the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
(CITES); and federally listed noxious plants and seeds, soil, and pests 
of concern to the greater United States, such as pests to mainland U.S. 
forests and agriculture. The U.S. Department of Agriculture--Animal and 
Plant Health Inspection Service--Plant Protection and Quarantine (USDA-
APHIS-PPQ) inspects propagative plant material, provides identification 
services for arriving plants and animals, conducts pest risk 
assessments, and handles other related matters, but focuses on pests of 
wide concern across the United States (HDOA 2009, in litt.). The 
Service inspects arriving wildlife products, enforces the injurious 
wildlife provisions of the Lacey Act (18 U.S.C. 42; 16 U.S.C. 3371 et 
seq.), and prosecutes CITES violations.
    The State of Hawaii's unique biosecurity needs are not recognized 
by Federal import regulations, as these regulations are based on 
species considered threats to the mainland United States, and not those 
species that could become threats to native Hawaiian species (Hawaii 
Legislative Reference Bureau (HLRB) 2002; USDA-APHIS-PPQ 2010; CGAPS 
2009). Interstate commerce provides the pathway for new species to 
enter Hawaii. Pest species may be intercepted, but are not always acted 
on by Federal agents because these species are not regulated under 
Federal mandates. Hence, Federal protection against pest species of 
concern to Hawaii historically has been inadequate. It is possible for 
the USDA to grant Hawaii protective exemptions under the ``Special 
Local Needs Rule,'' when clear and comprehensive arguments for both 
agricultural and conservation issues are provided; however, this 
exemption procedure operates on a case-by-case basis and is extremely 
time-consuming to satisfy. Therefore, there is only minimal protection 
against a large diversity of nonnative species that arrive and may 
negatively impact Hawaii.
    Inadequate staffing, facilities, and equipment for Federal and 
State inspectors devoted to invasive species interdiction are critical 
biosecurity gaps (HLRB 2002; USDA-APHIS-PPQ 2010; CGAPS 2009). In 
recognition of the gaps, State laws have recently been passed that 
allow the HDOA to collect fees for quarantine inspection of freight 
entering Hawaii (e.g., Act 36 (2011) HRS 150A-5.3). Legislation enacted 
in 2011 (H.B. 1568) requires commercial harbors to provide biosecurity 
and inspection facilities to facilitate the movement of cargo through 
ports. This enactment is a significant step toward optimizing 
biosecurity capacity in the State; however, only time will determine 
the its effectiveness of this Act (Act 201(11)). From a Federal 
perspective, there is a need to ensure all civilian and military port 
and airport operations and construction are in compliance with the Act 
201 (11State of Hawaii's laws.
    In 1995, a partnership, Coordinating Group on Alien Pest Species 
(CGAPS), comprised primarily of managers from every major Federal, 
State, county, and private agency and organization involved in invasive 
species work in Hawaii, was formed in an effort to influence policy and 
funding decisions, improve communication, increase collaboration, and 
promote public awareness (CGAPS 2009). This group facilitated the 
formation of the Hawaii Invasive Species Council (HISC), which was 
created by gubernatorial executive order in 2002, to coordinate local 
initiatives for the prevention of introduction and for control of 
invasive species by providing policy-level direction and planning for 
the State departments responsible for invasive species issues (CGAPS 
2009). In 2003, the Governor signed into law State Act 85, which 
conveys statutory authority to the HISC to continue to coordinate 
approaches among the various State and Federal agencies, and 
international and local initiatives, for the prevention and control of 
invasive species (HDLNR 2003, p. 3-15; HISC 2009; HRS 194-2(a)). Some 
of the recent priorities for the HISC include interagency efforts to 
control nonnative species such as the plants Miconia calvescens 
(miconia) and Cortaderia sp. (pampas grass), coqui frogs 
(Eleutherodactylus coqui), the coconut rhinoceros beetle (Oryctes 
rhinoceros) (HISC 2013, in litt.; OISC 2015, in litt.), and ants (HISC 
2009; HISC 2015, https://dlnr.hawaii.gov/hisc). Budget cuts beginning in 
2009 severely restricted State funding support of HISC, resulting in a 
serious setback of conservation efforts (HISC 2009; HISC 2015, https://dlnr.hawaii.gov/hisc/projects/funding). As an example of current and 
future challenges, a strain of the plant rust Puccinia psidii, also 
referred to as ohia rust, was first noticed affecting stands of rose 
apple and the native Metrosideros (ohia) seedlings (both in the plant 
family Myrtaceae) in nurseries in 2005. Metrosideros spp. are a 
dominant component of native forests in Hawaii, providing watershed 
protection and wildlife habitat. The Hawaii Board of Agriculture 
recommended a quarantine rule be passed against the introduction of all 
new strains of ohia rust (mostly through transmission on Myrtaceae 
species used in the horticulture trade), to prevent destruction of ohia 
forests and the danger to agriculture and horticulture industries 
(Environment Hawaii 2015, pp. 1, 8-9). However, this rule currently 
remains in draft form and under review (HDOA 2015, https://hdoa.hawaii.gov/meetings-reports/proposedar, accessed April 9, 2015).
Nonnative Aquatic Species
    Existing State and Federal regulatory mechanisms do not adequately 
prevent the introduction of nonnative species to Hawaii via inter-State 
and international mechanisms, or intra-State movement of nonnative 
species between islands and watersheds in Hawaii. The importation of 
non-domestic animals, including aquatic species, is regulated by a 
permit system (HAR 4-71) managed through the HHDOA. The HDOA's Board of 
Agriculture maintains lists of non-domestic animals that are prohibited 
from entry, animals without entry restrictions, or those that require a 
permit for import and possession. The HDOA requires a permit to import 
animals, and conditionally approves entry for individual possession, 
businesses (e.g., pet and resale trade, retail sales, and food 
consumption), or institutions. However, Hawaii's Division of Aquatic 
Resources recognizes that unwanted nonnative species, both aquatic and 
terrestrial, are still entering the State and moving between islands 
(DLNR 2003, p. 2-12).
    The Division of Aquatic Resources (DAR), within the State's DLNR, 
manages Hawaii's aquatic resources (HDAR 2015, in litt.), and is 
responsible for conserving, protecting, and enhancing the State's 
renewable resources of aquatic life and habitat (HDLNR 2003, p. 3-13). 
The release of live nonnative fish or other live

[[Page 58896]]

nonnative aquatic life into any waters of the State is prohibited (HRS 
187A-6.5). The DAR has the authority to seize, confiscate, or destroy 
as a public nuisance; any fish or other aquatic life found in any State 
waters whose importation is prohibited or restricted pursuant to rules 
of the HDOA (HRS 187A-2, HRS 187A-6.5). State (HAR 71C) and Federal 
regulations (Executive Order (E.O.) 13112, 1999 and 2005) are in place 
to prevent the unauthorized entry of nonnative aquatic animals such as 
fish and amphibians; however, their intentional or inadvertent 
introduction and movement between islands and between watersheds 
continues (HDAR 2003, pp. 2-12-2-14). There is insufficient agency 
capacity to adequately enforce such regulations or to provide for 
sufficient inspection services and monitoring, although this priority 
need is recognized (Cravalho 2009, in litt.).
Nonnative Vertebrate Species
    The State of Hawaii's laws prohibit the importation of all animals 
unless they are specifically placed on a list of allowable species 
(HLRB 2002; CGAPS 2010). The importation and interstate transport of 
invasive vertebrates is federally regulated by the Service under the 
Lacey Act as ``injurious wildlife'' (Fowler et al. 2007, pp. 353-359; 
18 U.S.C. 42 et seq.-43 2006); the current list of vertebrates 
considered as ``injurious wildlife'' is provided at 50 CFR part 16. 
This law also prohibits importation of species listed as endangered or 
threatened from other areas, or species from within protected areas 
such as parks or forest reserves. The law in its current form prohibits 
importation of a limited number of taxa (USFWS 2012;, 50 CFR part 16) 
including fruit bats, mongoose, European rabbits and hares, wild dogs, 
rats or mice, raccoon dogs, brushtail possum (New Zealand species), 
starlings, house sparrows, mynas, dioch, Java sparrows, red whiskered 
bulbuls, walking catfish, mitten crabs, zebra mussels, snakehead family 
taxa, four species of carp, salmonids, brown tree snakes, and pythons. 
In 2008, the Lacey Act was expanded to include prohibition of 
importation of ``any plant that was illegally harvested,'' such as 
illegally logged woods (USFWS 2012, 50 CFR 16). Mongoose, rabbits, 
rats, mice, house sparrows, mynas, Java sparrows, red whiskered bulbuls 
are already established in Hawaii, and are difficult and costly to 
control, or are not controlled at all. Additionally, a species may be 
imported or transported across State lines while it is being considered 
for addition to the list of ``injurious wildlife'' (Fowler et al. 2007 
pp. 357-358). The continued spread of injurious species nationwide 
indicates the limited effectiveness of this regulation in preventing 
vertebrate introductions into the State (Fowler et al. 2007, p. 357). 
The Lacey Act requires declarations of importation only for formal 
entries (i.e., commercial shipments), but not for informal entries 
(i.e. personal shipments) (USDA-APHIS 2015, in litt.).
    As a recent example in Hawaii, an opossum (Didelphis virginiana) 
was found in a trap set for feral cats near Sand Island, Oahu, in July 
2015. Opossums are not included on the Lacey Act's list of prohibited 
speciesinjurious wildlife. Opossums, native to North America, occupy a 
variety of habitat such as stream areas, forests, and agricultural 
lands (Oregon Department of Fish and Wildlife 2015, in litt.). They are 
omnivores and scavengers, and eat a wide variety of food items 
including insects, small vertebrates, bird eggs, slugs and snails, 
snakes, and fruits and berries (Claremont College 2015, in litt.). 
Opossums are known to hitchhike in shipping containers, and have been 
found previously in containers on Oahu in 2005 and 2011 (Star 
Advertiser 2015, in litt.). If opossums were to establish wild 
populations in Hawaii, their predation on ground-nesting seabirds could 
negatively impact species such as the band-rumped storm-petrel.
Nonnative Invertebrate Species
    It is likely that the introduction of most nonnative invertebrate 
pests to the State has been and continues to be accidental and 
incidental to other intentional and permitted activities. The 
prevention and control of introduction of nonnative invertebrates to 
Hawaii is the responsibility of Hawaii State government and Federal 
agencies, and is voluntarily addressed by a few private organizations 
as well. Even though these agencies have regulations and some controls 
in place, as discussed in ``Introduction of Nonnative Species'' and 
``Nonnative Aquatic Species,'' above, the introduction and movement of 
nonnative invertebrate pest species between islands and from one 
watershed to the next continues. By the early 1990s, an average of 20 
new alien invertebrate species was introduced to Hawaii per year, an 
increase of 25 percent over the previous totals between 1930 and 1970 
(TNCH 1992, p. 8). As an example, the threat of introduction of 
nonnative invertebrate species is evidenced by the 2013 discovery of 
the presence of the nonnative coconut rhinoceros beetle (CRB, Oryctes 
rhinoceros), which quickly spread from its known point of introduction 
across the island of Oahu in a few months (HISC 2014, + maps). The 
coconut rhinoceros beetle is considered one of the most damaging 
insects to coconut and African oil palm in southern and Southeast Asia, 
as well as the western Pacific Islands, and has the potential to 
devastate populations of native and nonnative palm species in Hawaii 
(Giblin-Davis 2001 in HISC 2014, in litt.). While a rapid response team 
headed by HDOA (with USDA, University of Hawaii, U.S. Navy, and other 
partners; 2014) has set up pheromone traps island-wide, and capture and 
range delineation efforts are ongoing, along with funding for support 
services to capture and control the CRB for fiscal year 2015 (HISC 
2014, in litt.), existing regulatory mechanisms did not prevent its 
introduction into Hawaii. Existing regulatory mechanisms, such as HRS 
187A-6.5 and HAR 71C (regarding release of nonnative aquatic species), 
and H.B. 1568 (pertaining to the State law to enforce biosecurity 
measures), therefore appear inadequate to prevent introductions of 
nonnative invertebrates. Efforts to ameliorate the threat of the beetle 
continue, but whether those efforts will be effective in controlling or 
eliminating this threat is unknown at this time.
Nonnative Plant Species
    The State of Hawaii allows the importation of most plant taxa, with 
limited exceptions, if shipped from domestic ports (HLRB 2002; USDA-
APHIS-PPQ 2010; CGAPS 2009). Hawaii's plant import rules (HAR 4-70) 
regulate the importation of 13 plant taxa of economic interest; 
regulated crops include pineapple, sugarcane, palms, and pines. Certain 
horticultural crops (e.g., orchids) may require import permits and have 
pre-entry requirements that include treatment or quarantine or both 
either prior to or following entry into the State. The State Noxious 
Weed list (HAR 4-68) and USDA-APHIS-PPQ's Restricted Plants List 
restrict the import of a limited number of noxious weeds. If not 
specifically prohibited, current Federal regulations allow plants to be 
imported from international ports with some restrictions. The Federal 
Noxious Weed List (see 7 CFR 360.200) includes few of the many globally 
known invasive plants, and plants in general do not require a weed risk 
assessment prior to importation from international ports. The USDA-
APHIS-PPQ is in the process of finalizing rules to include a weed risk 
assessment for newly imported plants. Although the State has

[[Page 58897]]

general guidelines for the importation of plants, and regulations are 
in place regarding the plant crops mentioned above, the intentional or 
inadvertent introduction of nonnative plants outside the regulatory 
process and movement of species between islands and from one watershed 
to the next continues, and represents a threat to native flora and 
fauna for the reasons mentioned above. In addition, government funding 
is inadequate to provide for sufficient inspection services and 
monitoring. One study concluded that the plant importation laws 
virtually ensure new invasive plants will be introduced via the nursery 
and ornamental trade, and that outreach efforts cannot keep up with the 
multitude of new invasive plants being distributed (Martin 2007, in 
litt.). The author states the only effective method to address this 
issue is to use public outreach to encourage consumers to purchase and 
use only noninvasive or native plants in landscaping (Martin 2007, in 
litt.).
    On the basis of the above information, existing State and Federal 
regulatory mechanisms are not preventing the introduction of nonnative 
species into Hawaii via interstate and international pathways, or via 
intrastate movement of nonnative species between islands and 
watersheds. Therefore, State and Federal regulatory mechanisms do not 
adequately protect the 49 species, or their habitats, addressed in this 
rule from the threat of new introductions of nonnative species or the 
continued expansion of nonnative species populations on and between 
islands and watersheds. The impacts from these threats are ongoing and 
are expected to continue into the future.
Summary of Factor D
    Existing State and Federal regulatory mechanisms are not preventing 
the introduction into Hawaii of nonnative species or controlling the 
spread of nonnative species between islands and watersheds. Habitat-
altering nonnative plant species (Factor A) and predation by nonnative 
animal species (Factor C) pose major ongoing threats to all 49 species 
addressed in this rule. Thirty-seven of the 39 plant species, the 
orangeblack Hawaiian damselfly, and the yellow-faced bees (Hylaeus 
anthracinus, H. assimulans, H. facilis, H. hilaris, and H. longiceps) 
experience the threat of habitat destruction and modification by 
nonnative plants (Factor A), and 26 of the 39 plants, and all 10 
animals, experience the threat of predation and herbivory by nonnative 
animals (Factor C). Therefore, we conclude the existing regulatory 
mechanisms discussed above are inadequate to sufficiently reduce these 
threats to these species.

E. Other Natural or Manmade Factors Affecting Their Continued Existence

    Other factors threatening some or all of the 49 species include 
artificial lighting and structures, ingestion of marine debris and 
plastics, dumping of trash and the introduction of nonnative fish into 
anchialine pools, recreational use of and sedimentation of anchialine 
pools, low numbers of individuals and populations, hybridization, lack 
of or declining regeneration, competition with nonnative invertebrates, 
and loss of host plants Each threat is discussed in detail below, along 
with identification of which species are affected by these threats. The 
impacts of climate change to these species and their ecosystems have 
the potential to exacerbate all of the threats described above.
Artificial Lighting and Structures Effects on the Band-Rumped Storm-
Petrel
    Artificial lights are a well-documented threat to night-flying 
seabirds such as petrels, shearwaters, and storm-petrels (Croxall et 
al. 2012, p. 28). A significant impact to the band-rumped storm-petrel 
results from the effects of artificial (night) lighting on fledglings 
and, to a lesser degree, on adults. Lighting of roadways, resorts, 
ballparks, residences, and other development, as well as on cruise 
ships out at sea, both attracts and confuses night-flying storm-petrels 
and other seabirds (Harrison et al. 1990, p. 49; Reed et al. 1985, p. 
377; Telfer et al. 1987, pp. 412-413; Banko et al. 1991, p. 651). 
Storm-petrels use the night sky to navigate and possibly to search for 
bioluminescent ocean prey (Telfer et al. 1987, p. 412). Artificial 
lights can cause confusion, exhaustion, and possible collision with 
structures, followed by fallout. The seabirds are then either too 
exhausted to fly or seriously injured, and, once grounded, are at risk 
of predation or being run over by cars (Reed et al. 1985, p. 377; 
Telfer et al. 1987, p. 410). Vulnerability to artificial lighting 
varies between species and age classes and according to the influence 
of season, lunar phase, and weather conditions. Young birds are more 
likely to become disoriented by manmade light sources (Montevecchi 
2006, pp. 101-102). Over a 12-year period (1978 to 1990), Harrison et 
al. (1990, p. 49) reported that 15 band-rumped storm-petrels, 13 of 
which were young, were recovered on Kauai as a result of fallout. 
Between 1991 and 2008, another 21 band-rumped storm-petrels were 
collected on Kauai (Holmes and Joyce 2009, p. 2). Currently, fallout 
due to light pollution is recorded almost annually on Kauai (Kauai 
Island Utility Cooperative 2015, in litt.). However, the actual extent 
of such loss and its overall impact on the band-rumped storm-petrel 
population in Hawaii is not known because scavengers often prevent the 
detection or recovery of the dead or injured birds, but any loss in 
such a small population is significant.
    A related threat to seabirds in Hawaii, including the band-rumped 
storm-petrel, is collision with structures such as communication towers 
and utility lines (Cooper and Day 1998, pp. 16-18; Podolsky et al. 
1998, pp. 23-33). Several seabird species that nest in the Hawaiian 
Islands, including the Newell's shearwater (federally listed as 
threatened), the Hawaiian petrel (federally listed as endangered), and 
the band-rumped storm-petrel, regularly commute between inland nest 
sites and the ocean. These birds commute at night when manmade 
obstacles such as communication towers and utility lines are difficult 
to see. They strike these unseen obstacles, and often die or are 
injured as a result. An early study estimated that 340 Newell's 
shearwater fledglings die annually on the eastern and southern shores 
of Kauai as a result of collisions (Podolsky et al. 1998, p. 30); 
however, current analyses for all seabirds on Kauai indicate the number 
of collisions with utility lines is much higher, over 2,000 strikes per 
year (using site-specific strike rates), but numbers of birds that hit 
utility lines is very site-dependent (Travers et al. 2014, pp. 19, 29-
37; Service 2015, in litt., Slide 21). The impact to the band-rumped 
storm-petrel from artificial lighting and collisions with structures is 
expected to increase as the human population grows and development 
continues on the Hawaiian Islands.
Other Human Effects on the Band-Rumped Storm-Petrel
    Other factors that may negatively affect the band-rumped storm-
petrel include commercial fisheries interactions and alteration of prey 
base upon which the band-rumped storm-petrel depends. Commercial 
fisheries are known to adversely affect certain species of seabirds 
(Furness 2003, pp. 33-35; Croxall et al. 2012, p. 24). Seabirds are 
caught in most types of fishing gear, notably in nets and on long-
lines, where they suffer mortality by drowning. Seabirds attending 
fishing vessels also come into contact with and consume deep-water fish 
they would not normally have access to, and can become contaminated by 
high levels of heavy metals in these fish (Furness

[[Page 58898]]

2003, p. 34). Commercial fisheries also cause depletion of small 
pelagic schooling fish, a significant food source for seabirds (Furness 
2003, p. 34). The potential effects of these activities have not been 
assessed for the band-rumped storm-petrel; however, we believe they can 
have the same effects as have been shown for other seabirds. In 
addition, pollution of the open ocean by plastics and other marine 
debris that can be mistaken for food by band-rumped storm-petrels may 
pose a threat to this species (Ryan 1989, p. 629). Although a study by 
Moser and Lee (1992, p. 85) found no evidence of plastic ingestion by 
band-rumped storm-petrels, the sample size was very small (4 
individuals) and inadequate to conclusively determine whether this 
species suffers from ingestion of plastics. Many closely related 
seabirds do suffer ill effects from ingestion of plastics, including 
physical damage to the digestive tract, effects of toxins carried on 
the plastics, and resulting mortality (Ryan 1989, pp. 623-629).
Effects of Recreational Use, and Dumping of Trash and Nonnative Fish 
into Anchialine Pools
    On Hawaii Island, it is estimated that up to 90 percent of the 
anchialine pools have been destroyed or altered by human activities 
(Brock 2004, p. i). The more recent human modification of anchialine 
pools includes bulldozing and filling of pools (Bailey-Brock and Brock 
1993, p. 354). Trampling damage from use of anchialine pools for 
swimming and bathing has been documented (Brock 2004, pp. 13-17). 
Historically, pools were sometimes modified with stone walls and steps 
by Hawaiians who used them for bathing. There are no documented 
negative impacts to pond biota as a result of this activity; however, 
introduction of soaps and shampoos is of concern (Brock 2004, p. 15).
    The depressional features of anchialine pools make them susceptible 
to dumping. Refuse found in degraded pools and pools that have been 
filled with rubble have been dated to about 100 years old, and the 
practice of dumping trash into pools continues today (Brock 2004, p. 
15). For example, Lua O Palahemo (Hawaii Island) is located 
approximately 560 ft (170 m) from a sandy beach frequented by visitors 
who fish and swim. There are multiple dirt roads that surround the pool 
making it highly accessible. Plastic bags, paper, fishing line, water 
bottles, soda cans, radios, barbed wire, and a bicycle have been 
documented within the pool (Kensley and Williams 1986, pp. 417-418; 
Bozanic 2004, p. 1; Wada 2010, in litt.). Introduction of trash 
involving chemical contamination into anchialine pools, as has been 
observed elsewhere on Hawaii Island (Brock 2004, pp. 15-16), could more 
drastically affect water quality and result in local extirpation of 
anchialine pool shrimp species.
    Anchialine pool habitats can gradually disappear when wind-blown 
materials accumulate through a process known as senescence (Maciolek 
and Brock 1974, p. 3; Brock 2004, pp. 11, 35-36). Conditions promoting 
rapid senescence include an increased amount of sediment deposition, 
good exposure to light, shallowness, and a weak connection with the 
water table, resulting in sediment and detritus accumulating within the 
pool instead of being flushed away with tidal exchanges and ground 
water flow (Maciolek and Brock 1974, p. 3; Brock 2004, pp. 11, 35-36). 
Sedimentation may be degrading the health of Hawaiian anchialine pool 
systems in which the anchialine pool shrimp, Procaris hawaiana, and the 
orangeblack Hawaiian damselfly, occur.
    In general, the accidental or intentional introduction and spread 
of nonnative fishes (bait and aquarium fish) is considered the greatest 
threat to anchialine pools in Hawaii (Brock 2004, p. 16). Maciolek 
(1983, p. 612) found that the abundance of shrimp in a given population 
is indirectly related to predation by fish. Lua O Palahemo is 
vulnerable to the intentional dumping of nonnative bait and aquarium 
fishes because the area is accessible to vehicles and human traffic; 
however, due to its remote location, is not monitored regularly by 
State agency staff. The release of mosquito fish (Gambusia affinis) and 
tilapia (Tilapia mossambica) into the Waikoloa Anchialine Pond Preserve 
(WAAPA) at Waikoloa, North Kona, Hawaii, resulted in the infestation of 
all ponds within an approximately 3-ha (8-ac) area, which represented 
about two-thirds of the WAAPA. Within 6 months, all native hypogeal 
(subterranean) shrimp species disappeared (Brock 2004, p. iii). 
Nonnative fishes drive anchialine species out of the lighted, higher 
productivity portion of the pools, into the surrounding water table bed 
rock, subsequently leading to the decimation of the benthic community 
structure of the pool (Brock 2004, p. iii). In addition, nonnative 
fishes prey on and exclude native hypogeal shrimp that are usually a 
dominant and essential faunal component of anchialine pool ecosystems 
(Brock 2004, p. 16; Bailey-Brock and Brock 1993, pp. 338-355). The loss 
of the shrimp changes ecological succession by reducing herbivory of 
macroalgae, allowing an overgrowth and change of pool flora. This 
overgrowth changes the system from clear, well-flushed basins to a 
system characterized by heavy sedimentation and poor water exchange, 
which increases the rate of pool senescence (Brock 2004, p. 16). 
Nonnative fishes, unlike native fishes, are able to complete their life 
cycles within anchialine pool habitats, and remain a permanent 
detrimental presence in all pools in which they are introduced (Brock 
2004, p. 16). In Hawaii, the most frequently introduced fishes are 
those in the Poeciliidae family (freshwater fish which bear live young) 
and include mosquito fish, various mollies (Poecilia spp.), and 
tilapia, which prey on and exclude the herbivorous aquatic animals upon 
which Procaris hawaiana feed. More than 90 percent of the 600 to 700 
anchialine habitats in the State of Hawaii were degraded between 1974 
and 2004, due to the introduction of nonnative fishes, and we expect 
that this activity continues (Brock 2004, p. 24). According to Brock 
(2012, pers. comm.), sometime in the 1980s, nonnative fishes were 
introduced into Lua O Palahemo. It is our understanding that the fish 
were subsequently removed by illegal use of a fish poison (EPA 2007, 
pp. 22-23; Finlayson et al. 2010, p. 2), and to our knowledge the pool 
is currently free of nonnative fish; however, nonnative fish could be 
introduced into the pool at any time.
Low Numbers of Individuals and Populations
    Species that undergo significant habitat loss and degradation and 
other threats resulting in population decline and range reduction and 
fragmentation are inherently highly vulnerable to extinction because of 
localized catastrophes such as hurricanes, floods, rockfalls, 
landslides, treefalls, and drought; climate change impacts; demographic 
stochasticity; and the increased risk of genetic bottlenecks and 
inbreeding depression (Gilpin and Soul[eacute] 1986, pp. 24-34). These 
conditions are easily reached by island species and especially by 
species endemic to single islands that face numerous threats such as 
those described in this proposal (Pimm et al. 1988, p. 757; Mangel and 
Tier 1994, p. 607). Populations that have been diminished and isolated 
by habitat loss, predation, and other threats may exhibit reduced 
levels of genetic variability, which can diminish the species' capacity 
to adapt to environmental changes, thereby lessening the probability of 
long-term

[[Page 58899]]

persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 1997, p. 
361). Very small, isolated plant populations are also more susceptible 
to reduced reproductive vigor due to ineffective pollination, 
inbreeding depression, and hybridization. This is particularly true for 
functionally unisexual plants in this proposal like Myrsine fosbergii 
of which some individuals are functionally dioecious (staminate (male) 
and pistillate (female) flowers occur on separate individuals). 
Isolated individuals have difficulty in 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 problems associated with small occurrence size and 
vulnerability to random demographic fluctuations or natural 
catastrophes are further magnified by interactions with other threats, 
such as those discussed above (see Factor A and Factor C, above).
Plants
    The effects resulting from having a reduced number of individuals 
and occurrences poses a threat to all 39 plant species addressed in 
this proposal. We consider the following 19 species even more 
vulnerable to extinction due to threats associated with small 
occurrence size or small number of occurrences because:
     The only known occurrences of Cyanea kauaulaensis, 
Labordia lorenciana, Lepidium orbiculare, and Phyllostegia helleri are 
threatened either by landslides, rockfalls, treefalls, drought, or 
erosion, or a combination of these factors.
     Cyanea kauaulaensis, Cyrtandra hematos, Gardenia remyi, 
Joinvillea ascendens ssp. ascendens, Labordia lorenciana, and 
Nothocestrum latifolium are declining and they have not been observed 
regenerating in the wild.
     The only known wild individuals of Cyperus neokunthianus, 
Kadua haupuensis, and Stenogyne kaalae ssp. sherffii are extirpated; 
there is one remaining individual of Deparia kaalaana, and only two 
individuals of Phyllostegia brevidens. Kadua haupuensis, Phyllostegia 
brevidens, and Stenogyne kaalae ssp. Sherffii only exist in 
propagation.
     The following single-island endemic species are known from 
fewer than 250 individuals: Asplenium diellaciniatum, Cyanea 
kauaulaensis, Cyperus neokunthianus, Cyrtandra hematos, Dryopteris 
glabra var. pusilla, Hypolepis hawaiiensis var. mauiensis, Kadua 
haupuensis, Labordia lorenciana, Lepidium orbiculare, Phyllostegia 
helleri, Pritchardia bakeri, Santalum involutum, Stenogyne kaalae ssp. 
sherffii, and Wikstroemia skottsbergiana.
Animals
    Like most native island biota, the Hawaiian population of band-
rumped storm-petrel, the orangeblack Hawaiian damselfly, the anchialine 
pool shrimp (Procaris hawaiana), and the seven yellow-faced bees are 
particularly sensitive to disturbances due to their diminished numbers 
of individuals and populations, and small geographic ranges.
    The band-rumped storm-petrel is represented in Hawaii by very small 
numbers of populations, and perhaps not more than a few hundred 
individuals (Harrison et al. 1990, p. 49). A single human-caused action 
such as establishment of mongoose on Kauai, or a hurricane during 
breeding season, could cause reproductive failure and the mortality of 
a significant percentage of the extant individuals. Threats to this 
species include habitat destruction and modification, landslides and 
erosion, hurricanes, predation, injury and mortality from lights and 
structures, and other human factors (such as commercial fisheries). The 
effects of these threats are compounded by the current low number of 
individuals and populations of band-rumped storm-petrel.
    We consider the orangeblack Hawaiian damselfly vulnerable to 
extinction due to impacts associated with low numbers of individuals 
and low numbers of populations because this species is known from only 
5 of 8 Hawaiian Islands (Hawaii Island, Maui, Lanai, Molokai, and 
Oahu), where it occurred historically, and because of the current 
reduction in numbers on each of those five islands. Jordan et al. 
(2007, p. 247) conducted a genetic and comparative phylogeography 
analysis (a study of historical processes responsible for genetic 
divergence within a species) of four Hawaiian Megalagrion species, 
including the orangeblack Hawaiian damselfly. This analysis 
demonstrated Megalagrion populations with low genetic diversity are at 
greater risk of decline and extinction that those with high genetic 
diversity. The authors found that low genetic diversity was observed in 
populations known to be bottlenecked or relictual (groups of animals or 
plants that exist as a remnant of a formerly widely distributed group), 
including populations of the orangeblack Hawaiian damselfly. The 
following threats to this species have all been documented: Habitat 
destruction and modification by agriculture and urban development, 
fire, droughts, floods, and hurricanes; predation by nonnative fish and 
backswimmers; and water extraction from streams and ponds. The effects 
of these threats are compounded by the current low number of 
individuals and populations of the orangeblack Hawaiian damselfly.
    We consider the anchialine pool shrimp, Procaris hawaiana, 
vulnerable to extinction due to impacts associated with low numbers of 
individuals and populations because this species is known from only 25 
of over 500 assessed anchialine pools on Hawaii Island, and from only 2 
anchialine pools on Maui. Threats to P. hawaiana include: Habitat 
destruction and modification by agriculture and urban development; 
commercial trade; dumping of nonnative fish and trash into anchialine 
pools; and water extraction. The effects of these threats are 
compounded by the low number of individuals and populations of P. 
hawaiana.
    We consider the seven Hawaiian yellow-faced bees vulnerable to 
extinction due to impacts associated with low numbers of individuals 
and populations. The 7 yellow-faced bee species currently occur in only 
22 locations (with some overlap) on 6 main Hawaiian Islands, and are 
likely more vulnerable to habitat change and stochastic events due to 
low numbers and occurrences (Daly and Magnacca 2003, p. 3; Magnacca 
2007a, p. 173). Hylaeus anthracinus occurs in 15 total locations from 
Hawaii Island, Maui, Kahoolawe, Molokai, and Oahu, but has not been 
recently observed in its last known location on Lanai; H. assimulans is 
found in 5 total locations on Maui, Lanai, and Kahoolawe, but has not 
been observed recently on Oahu or Molokai; H. facilis is found in 2 
total locations on Oahu and Molokai, but has not been observed recently 
from Lanai and Maui; H. hilaris is known from one population on Molokai 
and has not been observed recently from Lanai and Maui; H. kuakea is 
known from one small area on Oahu; H. longiceps is known from 6 total 
locations on Maui, Lanai, Molokai, and Oahu, but has not been collected 
from several historical locations on those islands; and H. mana is 
known from 3 locations on Oahu. Threats to these species include 
agriculture and urban development; habitat destruction and modification 
by nonnative ungulates, nonnative plants, fire, drought, and 
hurricanes; the effects of climate change on habitat; loss of host 
plants; and predation or competition by nonnative ants, wasps, and 
bees. The

[[Page 58900]]

effects of these threats are compounded by the low numbers of 
individuals and populations of the seven yellow-faced bees.
Hybridization
    Natural hybridization is a frequent phenomenon in plants and can 
lead to the creation of new species (Orians 2000, p. 1949), or 
sometimes to the decline of species through genetic assimilation or 
``introgression'' (Ellstrand 1992, pp. 77, 81; Levin et al. 1996, pp. 
10-16; Rhymer and Simberloff 1996, p. 85). Hybridization, however, is 
especially problematic for rare species that come into contact with 
species that are abundant or more common (Rhymer and Simberloff 1996, 
p. 83). We consider hybridization to be a threat to Microlepia strigosa 
var. mauiensis because it may lead to extinction of the original 
genotypically distinct variety, as noted by biologists' observations of 
the Oahu occurrences (Kawelo 2009, in litt.). Only 15 to 20 individuals 
on Oahu express the true phenotype of the variety (Ching 2011, in 
litt.).
No Regeneration
    Lack of, or low levels of, regeneration (reproduction and 
recruitment) in the wild has been observed, and is a threat to seven 
plants: Cyrtandra hematos, Gardenia remyi, Joinvillea ascendens ssp. 
ascendens, Labordia lorenciana, Lepidium orbiculare, and Nothocestrum 
latifolium (see ``Low Numbers of Individuals and Populations,'' 
``Plants,'' above), proposed for listing in this rule. The reasons for 
this are not well understood; however, seed predation by rats and 
ungulates, inbreeding depression, and lack of pollinators are thought 
to play a role (Wagner et al. 1999, p. 1451; Wood et al. 2007, p. 198; 
HBMP 2010; Oppenheimer and Lorence 2010, pp. 20-21; PEPP 2010, p. 73; 
PEPP 2014, p. 34).
Competition With Nonnative Invertebrates
    There are 15 known species of nonnative bees in Hawaii (Snelling 
2003, p. 342), including two nonnative Hylaeus species (Magnacca 2007b, 
p. 188). Most nonnative bees inhabit areas dominated by nonnative 
vegetation and do not compete with Hawaiian bees for foraging resources 
(Daly and Magnacca 2003, p. 13); however, the European honey bee (Apis 
mellifera) is an exception. This social species is often very abundant 
in areas with native vegetation and aggressively competes with Hylaeus 
for nectar and pollen (Hopper et al. 1996, p. 9; Daly and Magnacca 
2003, p. 13; Snelling 2003, p. 345). The European honey bee was first 
introduced to the Hawaiian Islands in 1875, and currently inhabits 
areas from sea level to the upper tree line boundary (Howarth 1985, p. 
156). Individuals of the European honey bee have been observed foraging 
on Hylaeus host plants such as Scaevola spp. and Sesbania tomentosa 
(ohai) (Hopper et al. 1996, p. 9; Daly and Magnacca 2003, p. 13; 
Snelling 2003, p. 345). Although we lack information indicating 
Hawaiian Hylaeus populations have declined because of competition with 
the European honey bee for nectar and pollen, it does forage in Hylaeus 
habitat and may exclude Hylaeus species (Magnacca 2007b, p. 188; Lach 
2008, p. 155). Hylaeus species do not occur in native habitat where 
there are large numbers of European honey bee individuals, but the 
impact of smaller, more moderate populations is not known (Magnacca 
2007b, p. 188). Nonnative, invasive bees are widely documented to 
decrease nectar volumes and usurp native pollinators (Lach 2008, p. 
155). There are also indications that populations of the European honey 
bee are not as vulnerable as Hylaeus species to predation by nonnative 
ant species (see ``C. Disease or Predation,'' above). Lach (2008, p. 
155) observed that Hylaeus bees that regularly collect pollen from 
flowers of the native tree Metrosideros polymorpha were entirely absent 
from trees with flowers visited by the big-headed ant (Pheidole 
megacephala), while visits by the European honey bee were not affected. 
As a result, Lach (2008, p. 155) concluded that the European honey bee 
may have a competitive advantage over Hylaeus species, as it is not 
excluded by the big-headed ant. Other nonnative bees found in areas of 
native vegetation and overlapping with native Hylaeus population sites 
include Ceratina species (carpenter bees), Hylaeus albonitens 
(Australian colletid bees), H. strenuus (NCN), and Lasioglossum 
impavidum (NCN) (Magnacca 2007b, p. 188; Magnacca and King 2013, pp. 
19-22). While it has been suggested these nonnative bees may impact 
native Hylaeus bees through competition for pollen base on their 
similar size and flower preferences, there is no information that 
demonstrates these nonnative bees forage on Hylaeus host plants 
(Magnacca 2007b, p. 188; Magnacca and King 2013, pp. 19-22). It has 
also been suggested parasitoid wasps may compete for nectar with native 
Hylaeus species; however, information demonstrating nonnative 
parasitoid wasps forage on the same host plants as H. anthracinus, H. 
assimulans, H. facilis, H. hilaris, H. kuakea, H. longiceps, and H. 
mana is unavailable (Daly and Magnacca 2003, p. 10).
Loss of Host Plants Through Competition
    The seven yellow-faced bees are dependent upon native flowering 
plants for their food resources, pollen and nectar, and for nesting 
sites. Introduced invertebrates are a threat to yellow-faced bees, by 
outcompeting native Hylaeus for use of host plants for pollen, nectar, 
and nesting sites. This effect is compounded by the impacts of 
nonnative ungulates on native host plants for Hylaeus (see Factors A 
and C). Nonnative plants are a threat to the seven yellow-faced bees 
and their host plants because they: (1) Degrade habitat and outcompete 
native plants; (2) can increase the intensity, extent, and frequency of 
fire, converting native shrubland and forest to land dominated by 
nonnative grasses; and (3) may cause the loss of the native host plants 
upon which the yellow-faced bees depend (Factor A). Drought, fire, and 
water extraction may lead to loss of host plants within the known 
ranges of populations of yellow-faced bees, and are discussed in ``A. 
The Present or Threatened Destruction, Modification, or Curtailment of 
Its Habitat or Range,'' above.
Climate Change
    Our analyses under the Act include consideration of ongoing and 
projected changes in climate. The terms ``climate'' and ``climate 
change'' are defined by the Intergovernmental Panel on Climate Change 
(IPCC). ``Climate'' refers to the mean and variability of different 
types of weather conditions over time, with 30 years being a typical 
period for such measurements, although shorter or longer periods also 
may be used (IPCC 2013, p. 1450). The term ``climate change'' thus 
refers to a change in the mean or variability of one or more measures 
of climate (e.g., temperature or precipitation) that persists for an 
extended period, typically decades or longer, whether the change is due 
to natural variability, human activity, or both (IPCC 2013, p. 1450). 
Various types of changes in climate can have direct or indirect effects 
on species. These effects may be positive, neutral, or negative and 
they may change over time, depending on the species and other relevant 
considerations, such as the effects of interactions of climate with 
other variables (e.g., habitat fragmentation) (IPCC 2007, pp. 8-14, 18-
19). In our analyses, we use our expert judgment to weigh relevant 
information, including

[[Page 58901]]

uncertainty, in our consideration of various aspects of climate change.
    Climate change will be a particular challenge for the conservation 
of biodiversity because the introduction and interaction of additional 
stressors may push species beyond their ability to survive (Lovejoy et 
al. 2005, pp. 325-326). The synergistic implications of climate change 
and habitat fragmentation are the most threatening facets of climate 
change for biodiversity (Hannah et al. 2005, p. 4). The magnitude and 
intensity of the impacts of global climate change and increasing 
temperatures on native Hawaiian ecosystems are the subjects of active 
research.
    The average ambient air temperature (at sea level) is projected to 
increase globally by about 4.1 degrees Fahrenheit ([deg]F) (2.3 
[deg]Celsius (C)) with a range of 2.7 [deg]F to 6.7 [deg]F (1.5 [deg]C 
to 3.7 [deg]C) by 2100 worldwide (IPCC 2007, in litt.). These changes 
would increase the monthly average temperature of the Hawaiian Islands 
from the current value of 74 [deg]F (23.3 [deg]C) to between 77 [deg]F 
to 86 [deg]F (25 [deg]C to 30 [deg]C). Temperature has been rising over 
the last 100 years, with the greatest increase occurring after 1975 
(Alexander et al. 2006, pp. 1-22; Giambelluca et al. 2008, p. 1). On 
the main Hawaiian Islands, predicted changes associated with increases 
in temperature include a shift in vegetation zones upslope, a similar 
shift in animal species' ranges, changes in mean precipitation with 
unpredictable effects on local environments, increased occurrence of 
drought cycles, and increases in the intensity and numbers of 
hurricanes (Loope and Giambelluca 1998, pp. 514-515; U.S. Global Change 
Research Program (US-GCRP) 2009, pp. 10, 12, 17-18, 32-33).
    The forecast of changes in precipitation is highly uncertain 
because it depends, in part, on how the El Ni[ntilde]o-La Ni[ntilde]a 
weather cycle (a disruption of the ocean atmospheric system in the 
tropical Pacific having important global consequences for weather and 
climate) might change (State of Hawaii 1998, pp. 2-10). However, over 
the past 100 years, the Hawaiian Islands have experienced an annual 
decline in precipitation of just over 9 percent (US-NSTC 2008, p. 61) 
and a steady decline of about 15 percent over the last 15 to 20 years 
(Chu and Chen 2005, pp. 4802-4803; Diaz et al. 2006, pp. 1-3). Models 
of future rainfall downscaled for Hawaii generally project increasingly 
wet windward slopes and mild to extreme drying of leeward areas in 
particular by the middle and end of the 21st century (Timm and Diaz 
2009, p. 4262; Elison Timm et al. 2015, pp. 95, 103-105). Stream-gauge 
data provide evidence of a long-term decrease in precipitation and 
stream flow on the Hawaiian Islands (Oki 2004, p. 4). This long-term 
drying trend, coupled with existing ditch diversions and periodic El 
Ni[ntilde]o-caused drying events, has created a pattern of severe and 
persistent stream dewatering events (Polhemus 2008, in litt., p. 26). 
Altered seasonal moisture regimes can have negative impacts on plant 
growth cycles and overall negative impacts on native ecosystems (US-
GCRP 2009, pp. 32-33). Long periods of decline in annual precipitation 
result in a reduction of moisture availability, an increase in drought 
frequency and intensity, and a self-perpetuating cycle of nonnative 
plant invasion, fire, and erosion (US-GCRP 2009, pp. 32-33; Warren 
2011, pp. 221-226) (see ``Habitat Destruction and Modification by 
Fire,'' above). Overall, the projected increase in variance of 
precipitation events will change patterns of water availability for the 
species (Parmesan and Matthews 2006, p. 340), changes that point to 
changes in plant communities as a consequence over the coming decades.
    Tropical cyclone frequency and intensity are projected to change as 
a result of climate change over the next 100 to 200 years (Vecchi and 
Soden 2007, pp. 1068-1069, Figures 2 and 3; Emanuel et al. 2008, p. 
360, Figure 8; Yu et al. 2010, p. 1371, Figure 14). In the central 
Pacific, modeling projects an increase of up to two additional tropical 
cyclones per year in the main Hawaiian Islands by 2100 (Murakami et al. 
2013, p. 2, Figure 1d). In general, tropical cyclones with the 
intensities of hurricanes have been an uncommon occurrence in the 
Hawaiian Islands. From the 1800s until 1949, hurricanes were only 
rarely reported from ships in the area. Between 1950 and 1997, 22 
hurricanes passed near or over the Hawaiian Islands, and 5 of these 
caused serious damage (Businger 1998). A recent study shows that, with 
a possible shift in the path of the subtropical jet stream northward, 
away from Hawaii, more storms will be able to approach and reach the 
Hawaiian Islands from an easterly direction, with Hurricane Iselle in 
2014 being an example (Murakami et al. 2015, p. 751).
    As described above (see ``Climate change vulnerability assessment 
for Hawaiian plants,'' above; Table 3), 28 of the 39 plant species in 
this proposal were included in the recent analysis of the vulnerability 
of Hawaiian plants to climate change conducted by Fortini et al. (2013, 
134 pp.). All 28 species scored as moderately to highly vulnerable, as 
did most other species in the analysis that already are considered to 
be of conservation concern (because they face multiple non-climate 
threats) (Fortini et al. 2013, pp. 25, 37). The specific impacts of 
climate change effects on the habitat, biology, and ecology of 
individual species are largely unknown and remain a subject of study. 
However, in the assessment of more than 1,000 Hawaiian plants, 
including 319 already listed as threatened or endangered, a strong 
relationship emerged between climate vulnerability scores and current 
threats and conservation status (Fortini et al. 2013, p. 5). Therefore, 
we anticipate that the other 11 plant species proposed for listing are 
likely to be similarly vulnerable to climate change effects. The 
projected landcape- or island-scale changes in temperature and 
precipitation, as well as the potentially catatrophic impacts of 
projected increases in storm frequency and severity, also point to 
likely adverse impacts of climate change on all 10 of the animal 
species considered in this proposal because they rely on abiotic 
conditions, such as water temperature, or habitat elements, such as 
host plants, likely to be substantively altered by climate change.
    In summary, based on the best available information, we conclude 
that changes in environmental conditions that result from projected 
climate change are likely to negatively affect all 49 species we are 
proposing to list as endangered in this rule. Climate change effects, 
including increased inter-annual variability of ambient temperature, 
precipitation, and hurricanes, are likely to impose additional stresses 
on all 11 ecosystems and all 49 species, thus exacerbating current 
threats to these species. The probability of a species going extinct as 
a result of these effects increases when its range is restricted, its 
habitat decreases, and its abundance declines (IPCC 2014, pp. 14-15). 
These 49 species all persist with small population sizes and highly 
restricted or fragmented ranges. They thus face increased risk from 
stochastic events such as hurricanes, which can extinguish an important 
proportion of the remaining individuals, and from environmental changes 
because these species may lack ecological or genetic adaptive capacity 
(Fortini et al. 2013, pp. 3-5).
    In addition to indirect impacts resulting from changes in habitat 
and disturbance regimes, these species may experience direct impacts of 
climate change, for example, physiological stress in the orangeblack 
Hawaiian damselfly caused by increased stream temperatures to which the 
species is not adapted (Pounds et al. 1999, pp. 611-612; Still et al. 
1999, p. 610; Benning et

[[Page 58902]]

al. 2002, pp. 14246, 14248). These aspects of climate change and their 
impacts on native species and ecosystems may be exacerbated by human 
demand on Hawaii's natural resources; for example, decreased 
availability of fresh water will magnify the impact of human water 
consumption on Hawaii's natural streams and reservoirs (Giambelluca et 
al. 1991, p. v). Although we do not consider climate change to be a 
current threat, we anticipate that climate change impacts are likely to 
contribute to the multiple stressors affecting the status of all of 
these species, and are likely to become a threat to most or all of them 
in the future.
Summary of Factor E
    We consider the threat from artificial lighting and structures to 
be an ongoing threat to the band-rumped storm-petrel in Hawaii, 
proposed for listing in this rule, because these threats can cause 
injury and mortality, resulting in a loss of breeding individuals and 
juveniles, and this threat is expected to continue into the future. The 
potential threats of injury or mortality, or loss of food sources, 
caused by the activities of commercial fisheries, and injury or 
mortality from ingestion of plastics and marine debris, can contribute 
to further decline in the Hawaiian population of the band-rumped storm-
petrel.
    We consider the threats from recreational use of, and dumping of 
trash and introduction of nonnative fish into, the pools that support 
the anchialine pool shrimp Procaris hawaiana proposed for listing in 
this rule to be threats that have the potential to occur at any time, 
although their occurrence is not predictable. The use of anchialine 
pools for dumping of trash can lead to accelerated sedimentation in the 
pool, exacerbating conditions leading to its senescence. Nonnative fish 
prey on, or outcompete, native herbivorous anchialine pool shrimp that 
serve as the prey base for predatory species of anchialine pool shrimp, 
and may also prey on Procaris hawaiana. Changing the anchialine pool 
system by dumping of trash, introduction of nonnative fish, and 
sedimentation may also affect habitat for the orangeblack Hawaiian 
damselfly.
    We consider the impacts from limited numbers of individuals and 
populations to be an ongoing threat to all 39 plant species proposed 
for listing in this rule, and especially for the following 19 plants: 
Asplenium diellaciniatum, Cyanea kauaulaensis, Cyperus neokunthianus, 
Cyrtandra hematos, Deparia kaalaana, Dryopteris glabra var. pusilla, 
Gardenia remyi, Hypolepis hawaiiensis var. mauiensis, Joinvillea 
ascendens ssp. ascendens, Kadua haupuensis, Labordia lorenciana, 
Lepidium orbiculare, Nothocestrum latifolium, Phyllostegia brevidens, 
P. helleri, Pritchardia bakeri, Santalum involutum, Stenogyne kaalae 
ssp. sherffii, and Wikstroemia skottsbergiana. Low numbers and small 
occurrences of these plants result in greater vulnerability to 
stochastic events and can result in reduced levels of genetic 
variability leading to diminished capacity to adapt to environmental 
changes. Under these circumstances, the probability of long-term 
persistence is diminished, potentially resulting in extirpation and 
extinction. This threat applies to the entire range of each of these 
species.
    We also consider the impacts from limited numbers of individuals 
and populations to be an ongoing threat to all 10 animal species 
proposed for listing in this rule.
    The threat to the band-rumped storm-petrel from limited numbers and 
populations is ongoing and is expected to continue into the future.
    We also consider the impacts from limited numbers of individuals 
and populations to be an ongoing threat to the orangeblack Hawaiian 
damselfly, the anchialine pool shrimp Procaris hawaiana, and to the 
yellow-faced bees Hylaeus anthracinus, H. assimulans, H. facilis, H. 
hilaris, H. kuakea, H. longiceps, and H. mana. The threat from limited 
numbers of individuals and populations is ongoing and is expected to 
continue into the future because: (1) A single catastrophic event may 
result in extirpation of remaining populations and extinction of these 
species; (2) species with few known occurrences are less resilient to 
threats that might otherwise have a relatively minor impact (on widely-
distributed species); (3) these species may experience reduced 
reproductive vigor due to inbreeding depression; and (4) they may 
experience reduced levels of genetic variability leading to diminished 
capacity to adapt to environmental changes, thereby lessening the 
probability of its long-term persistence.
    The threat from hybridization is an unpredictable but ongoing 
threat to Microlepia strigosa var. mauiensis, as has been observed at 
occurrences on Oahu.
    We consider the threat to Cyanea kauaulaensis, Cyrtandra hematos, 
Gardenia remyi, Joinvillea ascendens ssp. ascendens, Labordia 
lorenciana, Lepidium orbiculare, and Nothocestrum latifolium from lack 
of regeneration to be ongoing to continue into the future because the 
reasons for the lack of recruitment in the wild are unknown and 
uncontrolled, and any competition from nonnative plants or habitat 
modification by ungulates or fire, or other threats, could lead to the 
extirpation of these species.
    We consider the threat of competition with invertebrates an ongoing 
threat to the yellow-faced bees, Hylaeus anthracinus, H. assimulans, H. 
facilis, H. hilaris, H. kuakea, H. longiceps, and H. mana, proposed for 
listing in this rule. Nonnative wasps and bees are aggressive and can 
prevent use of the native host plants required for food and nesting by 
all seven yellow-faced bees.
    The projected effects of increasing temperature and other aspects 
of climate change on the 49 species may be direct, such as 
physiological stress caused by increased temperature or lack of 
moisture, or indirect, such as the modification or destruction of 
habitat, increased competition by nonnative species, and changes in 
disturbance regimes that lead to changes in habitat (e.g., fire, 
drought, flooding, and hurricanes). The specific and cumulative effects 
of climate change on each of these 49 species are presently unknown, 
but we anticipate that these effects, if realized, will exacerbate the 
current threats to these species and become a threat to most or all of 
them in the future.

Proposed Determination for 49 Species

    Section 4 of the Act (16 U.S.C. 1533), and its implementing 
regulations at 50 CFR part 424, set forth the procedures for adding 
species to the Federal Lists of Endangered and Threatened Wildlife and 
Plants. Under section 4(a)(1) of the Act, we may list a species based 
on: (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range; (B) oOverutilization for 
commercial, recreational, scientific, or educational purposes; (C) 
dDisease or predation; (D) tThe inadequacy of existing regulatory 
mechanisms; or (E) oOther 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.
    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
to each of the 49 species proposed for listing. We find that all of 
these species face threats that are ongoing and are expected to 
continue into the future throughout their ranges. Habitat destruction 
and modification by agriculture and urban development is a threat to 
four plants (Nothocestrum latifolium, Portulaca villosa, 
Pseudognaphalium

[[Page 58903]]

sandwicensium var. molokaiense, and Solanum nelsonii) and six animals 
(the orangeblack Hawaiian damselfly, the anchialine pool shrimp 
(Procaris hawaiana), Hylaeus anthracinus, H. assimulans, H. hilaris, 
and H. longiceps) (Factor A). Habitat destruction and modification by 
nonnative feral ungulates or nonnative plants poses a threat to 46 of 
the 49 species (all except for Cyanea kauaulaensis, Hypolepis 
hawaiiensis var. mauiensis, and the anchialine pool shrimp) (Factor A). 
Fifteen of the plant species (Exocarpos menziesii, Festuca hawaiiensis, 
Joinvillea ascendens ssp. ascendens, Labordia lorenciana, Nothocestrum 
latifolium, Ochrosia haleakalae, Phyllostegia stachyoides, Portulaca 
villosa, Ranunculus mauiensis, Sanicula sandwicensis, Santalum 
involutum, Schiedea pubescens, Sicyos lanceoloideus, S. macrophyllus, 
and Solanum nelsonii), the orangeblack Hawaiian damselfly, and all 
seven yellow-faced bees, are threatened by habitat destruction and 
modification from fire. Nineteen of the plant species (Cyanea 
kauaulaensis, Cyclosorus boydiae, Deparia kaalaana, Gardenia remyi, 
Joinvillea ascendens ssp. ascendens, Kadua fluviatilis, K. huapuensis, 
Labordia lorenciana, Lepidium orbiculare, Ochrosia haleakalae, 
Phyllostegia brevidens, P. helleri, P. stachyoides, Portulaca villosa, 
Pseudognaphalium sandwicensium var. molokaiense, Ranunculus hawaiensis, 
R. mauiensis, Sanicula sandwicensis, and Schiedea pubescens, and 
Solanum nelsonii) and the band-rumped storm-petrel are threatened by 
the destruction and modification of their habitats from either singly 
or in combination: landslides, rockfalls, treefalls, or flooding 
(Factor A). Habitat loss or degradation, or loss of host plants, or 
mortality, and water extraction, due to drought is a threat to Deparia 
kaalaana, Huperzia stemmermanniae, Phyllostegia stacyoides, Ranunculus 
hawaiensis, R. mauiensis, Sanicula sandwicensis, Schiedea pubescens, 
Sicyos lanceoloideus, and Solanum nelsonii; and to the orangeblack 
Hawaiian damselfly; and all seven yellow-faced bees (Factor A and 
Factor E). Habitat loss and mortality resulting from hurricanes is a 
threat to the plant Pritchardia bakeri, the band-rumped storm-petrel, 
the orangeblack Hawaiian damselfly, and all seven yellow-faced bees 
(Factor A). Overcollection for commercial purposes poses a threat to 
the anchialine pool shrimp, Procaris hawaiana (Factor B). Predation and 
herbivory is an ongoing threat to 33 of the 39 plant species (by feral 
pigs, goats, axis deer, black-tailed deer, cattle, sheep and mouflon, 
rats, and slugs; see Table 3); to the band-rumped storm petrel (by 
owls, cats, rats, and mongoose); to the orangeblack Hawaiian damselfly 
(by backswimmers); and to the seven yellow-faced bees (by ants and 
wasps) (Factor C). Predation by nonnative fish is a potential threat to 
the orangeblack Hawaiian damselfly and the anchialine pool shrimp 
(Factor C). The inadequacy of existing regulatory mechanisms (i.e., 
inadequate protection of habitat and inadequate protection from the 
introduction of nonnative species) poses an ongoing threat to all 49 
species (Factor D). Injury and mortality caused by artificial lighting 
and structures are ongoing threats to the band-rumped storm-petrel 
(Factor E). There are ongoing threats to all 49 species due to factors 
associated with low numbers of individuals and populations (Factor E). 
The threat of low numbers to seven plants (Cyanea kauaulaensis, 
Cyrtandra hematos, Gardenia remyi, Joinvillea ascendens ssp. ascendens, 
Labordia lorenciana, Lepidium orbiculare, and Nothocestrum latifolium) 
is exacerbated by lack of regeneration in the wild (Factor E). 
Recreational use of, and dumping of trash and nonnative fish into, 
anchialine pools is a threat to the anchialine pool shrimp and also to 
the orangeblack Hawaiian damselfly that may use that habitat (Factor 
E). Competition by ants, wasps, and bees for the food and nesting 
resources, including loss of native host plants, is a threat to all 
seven yellow-faced bees (Factor E). These threats are exacerbated by 
these species' inherent vulnerability to extinction from stochastic 
events at any time because of their endemism, low numbers of 
individuals and populations, and restricted habitats. In addition, we 
are concerned about the projected effects of rising temperature and 
other aspects of climate change on all 49 species (Factor E). We 
recognize that limited information exists on the exact nature of 
impacts that these species may experience, but we anticipate that 
climate change effects are likely to exacerbate the current threats to 
these species and may become a threat to most of all of them in the 
future.
    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 the endemic 
Hawaiian species and the Hawaiian DPS of band-rumped storm petrel 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 to list the following 49 species as endangered 
in accordance with sections 3(6) and 4(a)(1) of the Act: the plants 
Asplenium diellaciniatum, Calamagrostis expansa, Cyanea kauaulaensis, 
Cyclosorus boydiae, Cyperus neokunthianus, Cyrtandra hematos, Deparia 
kaalaana, Dryopteris glabra var. pusilla, Exocarpos menziesii, Festuca 
hawaiiensis, Gardenia remyi, Huperzia stemmermanniae, Hypolepis 
hawaiiensis var. mauiensis, Joinvillea ascendens ssp. ascendens, Kadua 
fluviatilis, Kadua haupuensis, Labordia lorenciana, Lepidium 
orbiculare, Microlepia strigosa var. mauiensis, Myrsine fosbergii, 
Nothocestrum latifolium, Ochrosia haleakalae, Phyllostegia brevidens, 
Phyllostegia helleri, Phyllostegia stachyoides, Portulaca villosa, 
Pritchardia bakeri, Pseudognaphalium sandwicensium var. molokaiense, 
Ranunculus hawaiensis, Ranunculus mauiensis, Sanicula sandwicensis, 
Santalum involutum, Schiedea diffusa ssp. diffusa, Schiedea pubescens, 
Sicyos lanceoloideus, Sicyos macrophyllus, Solanum nelsonii, Stenogyne 
kaalae ssp. sherffii, and Wikstroemia skottsbergiana; and the following 
animals: the band-rumped storm-petrel (Oceanodroma castro), the 
orangeblack Hawaiian damselfly (Megalagrion xanthomelas), the 
anchialine pool shrimp (Procaris hawaiana), and the yellow-faced bees 
Hylaeus anthracinus, Hylaeus assimulans, Hylaeus facilis, Hylaeus 
hilaris, Hylaeus kuakea, Hylaeus longiceps, and Hylaeus mana.
    Under the Act and our implementing regulations, a species may 
warrant listing if it is in danger of extinction or likely to become so 
throughout all or a significant portion of its range (SPR). Under our 
SPR policy (79 FR 37578, July 1, 2014), if a species is endangered or 
threatened throughout a significant portion of its range and the 
population in that significant portion is a valid DPS, we will list the 
DPS rather than the entire taxonomic species or subspecies. We have 
determined that the Hawaii population of the band-rumped storm-petrel 
is a valid DPS, and we proposed to list that DPS. Each of the other 48 
species endemic to the Hawaiian Islands 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

[[Page 58904]]

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. Likewise, we assessed the status of the 
Hawaii DPS of the band-rumped storm petrel throughout the range of the 
DPS and have determined that the threats occur throughout the DPS and 
are not restricted to any particular portion of the DPS. Because we 
have determined that these 48 species and one DPS are endangered 
throughout all of their ranges, no portion of their ranges can be 
``significant'' for purposes of the definitions of ``endangered 
species'' and ``threatened species.'' See the Final Policy on 
Interpretation of the Phrase ``Significant Portion of Its Range'' in 
the Endangered Species Act's Definitions of ``Endangered Species'' and 
``Threatened Species'' (79 FR 37578, July 1, 2014).

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
activities. Recognition through listing results in public awareness and 
conservation by Federal, State, and local agencies; private 
organizations; and individuals. The Act encourages cooperation with the 
States and other countries and calls for recovery actions to be carried 
out for listed species. The protection required by Federal agencies and 
the prohibitions against certain activities involving listed animals 
and plants are discussed, in part, below.
    The primary purpose of the Act is the conservation of endangered 
and threatened species and the ecosystems upon which they depend. The 
ultimate goal of such conservation efforts is the recovery of these 
listed species, so that they no longer need the protective measures of 
the Act. Subsection 4(f) of the Act calls for the Service to develop 
and implement recovery plans for the conservation of endangered and 
threatened species. The recovery planning process involves the 
identification of actions that are necessary to halt or reverse the 
species' decline by addressing the threats to its survival and 
recovery. The goal of this process is to restore listed species to a 
point where they are secure, self-sustaining, and functioning 
components of their ecosystems.
    Recovery planning includes the development of a recovery outline 
shortly after a species is listed and preparation of a draft and final 
recovery plan. The recovery outline guides the immediate implementation 
of urgent recovery actions and describes the process to be used to 
develop a recovery plan. Revisions of the plan may be done to address 
continuing or new threats to the species, as new substantive 
information becomes available. The recovery plan also identifies 
recovery criteria for review of when a species may be ready for 
downlisting or delisting, and methods for monitoring recovery progress. 
Recovery plans also establish a framework for agencies to coordinate 
their recovery efforts and provide estimates of the cost of 
implementing recovery tasks. Recovery teams (comprised of species 
experts, Federal and State agencies, nongovernmental organizations, and 
stakeholders) are often established to develop recovery plans. When 
completed, the recovery outlines, draft recovery plans, and the final 
recovery plans will be available on our Web site (https://www.fws.gov/endangered), or from our Pacific Islands Fish and Wildlife Office (see 
FOR FURTHER INFORMATION CONTACT).
    Implementation of recovery actions generally requires the 
participation of a broad range of partners, including other Federal 
agencies, States, nongovernmental organizations, businesses, and 
private landowners. Examples of recovery actions include habitat 
restoration (e.g., restoration of native vegetation), research, captive 
propagation and reintroduction, and outreach and education. The 
recovery of many listed species cannot be accomplished solely on 
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires 
cooperative conservation efforts on private and State lands.
    If these species are listed, funding for recovery actions will be 
available from a variety of sources, including Federal budgets, State 
programs, and cost share grants for non-Federal landowners, the 
academic community, and nongovernmental organizations. In addition, 
pursuant to section 6 of the Act, the State of Hawaii would be eligible 
for Federal funds to implement management actions that promote the 
protection or recovery of the 49 species. Information on our grant 
programs that are available to aid species recovery can be found at: 
https://www.fws.gov/grants.
    Although these species are only proposed for listing under the Act 
at this time, please let us know if you are interested in participating 
in recovery efforts for these species. Additionally, we invite you to 
submit any new information on these species whenever it becomes 
available and any information you may have for recovery planning 
purposes (see FOR FURTHER INFORMATION CONTACT).
    Section 7(a) of the Act, as amended, requires Federal agencies to 
evaluate their actions with respect to any species that is proposed or 
listed as endangered or threatened with respect to its critical 
habitat, if any is designated. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(4) of the Act requires Federal agencies to 
confer with the Service on any action that is likely to jeopardize the 
continued existence of a species proposed for listing or result in 
destruction or adverse modification of proposed critical habitat. If a 
species is listed subsequently, section 7(a)(2) 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 destroy or adversely modify its critical habitat. If a 
Federal action may affect a listed species or its critical habitat, the 
responsible Federal agency must enter into consultation with the 
Service.
    For the 49 plants and animals proposed for listing as endangered 
species in this rule, Federal agency actions that may require 
consultation as described in the preceding paragraph include, but are 
not limited to, actions within the jurisdiction of the Natural 
Resources Conservation Service (NRCS), the U.S. Army Corps of 
Engineers, the U.S. Fish and Wildlife Service, and branches of the 
Department of Defense (DOD). Examples of these types of actions include 
activities funded or authorized under the Farm Bill Program, 
Environmental Qualitiy Incentives Program, Ground and Surface Water 
Conservation Program, Clean Water Act (33 U.S.C. 1251 et seq.), 
Partners for Fish and Wildlife Program, and DOD construction activities 
related to training or other military missions.
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to endangered wildlife. 
The prohibitions of section 9(a)(1) of the Act, codified at 50 CFR 
17.21, make it illegal for any person subject to the jurisdiction of 
the United States to take (which includes harass, harm, pursue, hunt, 
shoot, wound, kill, trap, capture, or collect; or to attempt any of 
these) endangered wildlife within the United States or the high seas. 
In addition, it is unlawful to import; export; deliver, receive, carry, 
transport, or ship in interstate or foreign

[[Page 58905]]

commerce in the course of commercial activity; or sell or offer for 
sale in interstate or foreign commerce any listed species. It is also 
illegal to possess, sell, deliver, carry, transport, or ship any such 
wildlife that has been taken illegally. Certain exceptions apply to 
employees of the Service, the National Marine Fisheries Service, other 
Federal land management agencies, and State conservation agencies.
    We may issue permits to carry out otherwise prohibited activities 
involving endangered wildlife under certain circumstances. Regulations 
governing permits are codified at 50 CFR 17.22. With regard to 
endangered wildlife, a permit must be issued for the following 
purposes: For scientific purposes, to enhance the propagation or 
survival of the species, and for incidental take in connection with 
otherwise lawful activities. There are also certain statutory 
exemptions from the prohibitions, which are found in sections 9 and 10 
of the Act.
    With respect to endangered plants, prohibitions outlined at 50 CFR 
17.61 make it illegal for any person subject to the jurisdiction of the 
United States to import or export, transport in interstate or foreign 
commerce in the course of a commercial activity, sell or offer for sale 
in interstate or foreign commerce, or to remove and reduce to 
possession any such plant species from areas under Federal 
jurisdiction. In addition, for endangered plants, the Act prohibits 
malicious damage or destruction of any such species on any area under 
Federal jurisdiction, and the removal, cutting, digging up, or damaging 
or destroying of any such species on any other area in knowing 
violation of any State law or regulation, or in the course of any 
violation of a State criminal trespass law. Exceptions to these 
prohibitions are outlined in 50 CFR 17.62. The Hawaii ESA prohibits 
take of plants; however, the Hawaii ESA affords no protection of 
habitat (HRS 195D-4(a)).
    We may issue permits to carry out otherwise prohibited activities 
involving endangered plants under certain circumstances. Regulations 
governing permits are codified at 50 CFR 17.62. With regard to 
endangered plants, the Service may issue a permit authorizing any 
activity otherwise prohibited by 50 CFR 17.61 for scientific purposes 
or for enhancing the propagation or survival of endangered plants.
    It is our policy, as published in the Federal Register on July 1, 
1994 (59 FR 34272), to identify to the maximum extent practicable at 
the time a species is listed, those activities that would or would not 
constitute a violation of section 9 of the Act. The intent of this 
policy is to increase public awareness of the effect of a proposed 
listing on proposed and ongoing activities within the range of species 
proposed for listing. Based on the best available information, the 
following activites may potentially result in a violation of section 9 
of the Act, this list is not comprehensive:
    (1) Unauthorized collecting, handling, possessing, selling, 
delivering, carrying, or transporting of the species, including import 
or export across State lines and international boundaries, except for 
properly documented antique specimens of these taxa at least 100 years 
old, as defined by section 10(h)(1) of the Act.
    (2) Activities that take or harm the band-rumped storm-petrel, the 
orangeblack Hawaiian damselfly, the anchialine pool shrimp (Procaris 
hawaiana), and the seven yellow-faced bees by causing significant 
habitat modification or degradation such that it causes actual injury 
by significantly impairing essential behavior patterns. This may 
include introduction of nonnative species that compete with or prey 
upon the 10 animal species or the unauthorized release of biological 
control agents that attack the life stage of any of these 10 species.
    (3) Damaging or destroying any of the 39 plant species in violation 
of the Hawaii State law prohibiting the take of listed species.
    (4) Introduction of nonnative species that compete with or prey 
upon the 29 49 species proposed for listing, such as the introduction 
of competing, nonnative plants or animals to the State of Hawaii.
    (5) The unauthorized release of biological control agents that 
attack any life stage of these 49 species.
    Questions regarding whether specific activities would constitute a 
violation of section 9 of the Act should be directed to the Pacific 
Islands Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

Critical Habitat

    Section 3(5)(A) of the Act defines critical habitat as (i) the 
specific areas within the geographical area occupied by the species, at 
the time it is listed . . . on which are found those physical or 
biological features (I) essential to the conservation of the species 
and (II) which may require special management considerations or 
protection; and (ii) specific areas outside the geographical area 
occupied by the species at the time it is listed upon a determination 
by the Secretary that such areas are essential for the conservation of 
the species. Section 3(3) of the Act defines conservation as to use and 
the use of all methods and procedures which are necessary to bring any 
endangered species or threatened species to the point at which the 
measures provided pursuant to the Act are no longer necessary.
    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12), require that, to the maximum extent 
prudent and determinable, the Secretary will designate critical habitat 
at the time the species is determined to be an endangered or threatened 
species. Our regulations (50 CFR 424.12(a)(1)) state that the 
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.
    Besides the unpermitted collection of the anchialine pool shrimp 
Procaris hawaiana for trade for the aquarium hobby market, we do not 
know of any imminent threat of take attributed to collection or 
vandalism under Factor B for these plant and animal species. The 
available information does not indicate that identification and mapping 
of critical habitat is likely to increase the threat of collection for 
the pool shrimp or initiate any threat of collection or vandalism for 
any of the other 48 species proposed for lising in this rule. 
Therefore, in the absence of finding that the designation of critical 
habitat would increase threats to a species, if there are any benefits 
to a critical habitat designation, a finding that designation is 
prudent is warranted. Here, the potential benefits of designation 
include: (1) Triggering consultation under section 7 of the Act, in new 
areas for actions in which there may be a Federal nexus where it would 
not otherwise occur because, for example, it is unoccupied; (2) 
focusing conservation activities on the most essential features and 
areas; (3) providing educational benefits to State or county 
governments or private entities; and (4) preventing people from causing 
inadvertent harm to these species.
    Because we have determined that the designation of critical habitat 
will not likely increase the degree of threat to the species and may 
provide some measure of benefit, we determine that designation of 
critical habitat is prudent for all 49 species proposed for listing in 
this rule.
    Our regulations (50 CFR 424.12(a)(2)) further state that critical 
habitat is not

[[Page 58906]]

determinable when one or both of the following situations exists: (1) 
Information sufficient to perform required analysis of the impacts of 
the designation is lacking; or (2) the biological needs of the species 
are not sufficiently well known to permit identification of an area as 
critical habitat.
    Delineation of critical habitat requires identification of the 
physical and biological features, within the geographical area occupied 
by the species and areas outside the geographical area occupied by the 
species, that are essential for their conservation. Information 
regarding these 49 species' life functions is complex, and complete 
data are lacking for many of them. We require additional time to 
analyze the best available scientific data in order to identify 
specific areas appropriate for critical habitat designation and to 
prepare and develop a proposed rule. Accordingly, we find designation 
of critical habitat to be ``not determinable'' at this time.

Required Determinations

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 
language. This means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and
    (5) 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 this proposed 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.

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), need not be 
prepared in connection with listing a species as an endangered or 
threatened species under the Endangered Species Act. We published a 
notice outlining our reasons for this determination in the Federal 
Register on October 25, 1983 (48 FR 49244).

References Cited

    A complete list of references cited in this rulemaking is available 
on the Internet at https://www.regulations.gov and upon request from the 
Pacific Islands Fish and Wildlife Office (see FOR FURTHER INFORMATION 
CONTACT).

Authors

    The primary authors of this proposed rule are the staff members of 
the Pacific Islands Fish and Wildlife Office.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--[AMENDED]

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless 
otherwise noted.

0
2. Amend Sec.  17.11(h), the List of Endangered and Threatened 
Wildlife, as follows:
0
a. By adding entries an entry for ``Storm-petrel, band-rumped'' 
(Oceanodroma castro) in alphabetical order under BIRDS; and
    b. By adding entries for ``Bee, yellow-faced'' (Hylaeus 
anthracinus), ``Bee, yellow-faced'' (Hylaeus assimulans), ``Bee, 
yellow-faced'' (Hylaeus facilis), ``Bee, yellow-faced'' (Hylaeus 
hilaris), ``Bee, yellow-faced'' (Hylaeus kuakea), ``Bee, yellow-faced'' 
(Hylaeus longiceps), and ``Bee, yellow-faced'' (Hylaeus mana), and 
``Damselfly, orangeblack Hawaiian'' (Megalagrion xanthomelas) in 
alphabetical order under INSECTS; and
    c. By adding an entry for ``Shrimp, anchialine pool'' (Procaris 
hawaiana), in alphabetical order under CRUSTACEANS.
    The additions read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                    Vertebrate
--------------------------------------------------------                        population where                                  Critical     Special
                                                            Historic range       endangered or         Status      When listed    habitat       rules
           Common name                Scientific name                              threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
              BIRDS
 
                                                                      * * * * * * *
Storm-petrel, band-rumped........  Oceanodroma castro..  U.S.A. (HI)........  Entire.............  E               ...........           NA           NA
 
                                                                      * * * * * * *
             INSECTS
Bee, yellow-faced................  Hylaeus anthracinus.  U.S.A. (HI)........  Entire.............  E               ...........           NA           NA
Bee, yellow-faced................  Hylaeus assimulans..  U.S.A. (HI)........  Entire.............  E               ...........           NA           NA
Bee, yellow-faced................  Hylaeus facilis.....  U.S.A. (HI)........  Entire.............  E               ...........           NA           NA
Bee, yellow-faced................  Hylaeus hilaris.....  U.S.A. (HI)........  Entire.............  E               ...........           NA           NA
Bee, yellow-faced................  Hylaeus kuakea......  U.S.A. (HI)........  Entire.............  E               ...........           NA           NA
Bee, yellow-faced................  Hylaeus longiceps...  U.S.A. (HI)........  Entire.............  E               ...........           NA           NA
Bee, yellow-faced................  Hylaeus mana........  U.S.A. (HI)........  Entire.............  E               ...........           NA           NA
 

[[Page 58907]]

 
                                                                      * * * * * * *
Damselfly, orangeblack Hawaiian..  Megalagrion           U.S.A. (HI)........  Entire.............  E               ...........           NA           NA
                                    xanthomelas.
 
                                                                      * * * * * * *
           CRUSTACEANS
 
                                                                      * * * * * * *
Shrimp, anchialine pool..........  Procaris hawaiana...  U.S.A. (HI)........  Entire.............  E               ...........           NA           NA
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

0
3. Amend Sec.  17.12(h), the List of Endangered and Threatened Plants, 
as follows:
0
a. By adding entries for Calamagrostis expansa, Cyanea kauaulaensis, 
Cyperus neokunthianus, Cyrtandra hematos, Exocarpos menziesii, Festuca 
hawaiiensis, Gardenia remyi, Joinvillea ascendens ssp. ascendens, Kadua 
fluviatilis, Kadua haupuensis, Labordia lorenciana, Lepidium 
orbiculare, Myrsine fosbergii, Nothocestrum latifolium, Ochrosia 
haleakalae, Phyllostegia brevidens, Phyllostegia helleri, Phyllostegia 
stachyoides, Portulaca villosa, Pritchardia bakeri, Pseudognaphalium 
sandwicensium var. molokaiense, Ranunculus hawaiensis, Ranunculus 
mauiensis, Sanicula sandwicensis, Santalum involutum, Schiedea diffusa 
ssp. diffusa, Schiedea pubescens, Sicyos lanceoloideus, Sicyos 
macrophyllus, Solanum nelsonii, Stenogyne kaalae ssp. sherffii, and 
Wikstroemia skottsbergiana in alphabetical order under FLOWERING 
PLANTS; and
0
b. By adding entries for Asplenium diellaciniatum, Cyclosorus boydiae, 
Deparia kaalaana, Dryopteris glabra var. pusilla, Huperzia 
stemmermanniae, Hypolepis hawaiiensis var. mauiensis, and Microlepia 
strigosa var. mauiensis in alphabetical order under FERNS AND ALLIES.
    The additions read as follows:


Sec.  17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species
--------------------------------------------------------    Historic range           Family            Status      When listed    Critical     Special
         Scientific name                Common name                                                                               habitat       rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
         Flowering Plants
 
                                                                      * * * * * * *
Calamagrostis expansa............  Maui reedgrass......  U.S.A. (HI)........  Poaceae............  E               ...........           NA           NA
 
                                                                      * * * * * * *
Cyanea kauaulaensis..............  None................  U.S.A. (HI)........  Campanulaceae......  E               ...........           NA           NA
 
                                                                      * * * * * * *
Cyperus neokunthianus............  None................  U.S.A. (HI)........  Cyperaceae.........  E               ...........           NA           NA
 
                                                                      * * * * * * *
Cyrtandra hematos................  Haiwale.............  U.S.A. (HI)........  Gesneriaceae.......  E               ...........           NA           NA
 
                                                                      * * * * * * *
Exocarpos menziesii..............  Heau................  U.S.A. (HI)........  Santalaceae........  E               ...........           NA           NA
Festuca hawaiiensis..............  None................  U.S.A. (HI)........  Poaceae............  E               ...........           NA           NA
 
                                                                      * * * * * * *
Gardenia remyi...................  Nanu................  U.S.A. (HI)........  Rubiaceae..........  E               ...........           NA           NA
 
                                                                      * * * * * * *
Joinvillea ascendens ssp.          Ohe.................  U.S.A. (HI)........  Joinvilleaceae.....  E               ...........           NA           NA
 ascendens.
 
                                                                      * * * * * * *
Kadua fluviatilis................  Kamapuaa............  U.S.A. (HI)........  Rubiaceae..........  E               ...........           NA           NA
Kadua haupuensis.................  None................  U.S.A. (HI)........  Rubiaceae..........  E               ...........           NA           NA
 
                                                                      * * * * * * *
Labordia lorenciana..............  None................  U.S.A. (HI)........  Loganiaceae........  E               ...........           NA           NA
 

[[Page 58908]]

 
                                                                      * * * * * * *
Lepidium orbiculare..............  Anaunau.............  U.S.A. (HI)........  Brassicaceae.......  E               ...........           NA           NA
 
                                                                      * * * * * * *
Myrsine fosbergii................  Kolea...............  U.S.A. (HI)........  Myrsinaceae........  E               ...........           NA           NA
 
                                                                      * * * * * * *
Nothocestrum latifolium..........  Aiea................  U.S.A. (HI)........  Solanaceae.........  E               ...........           NA           NA
 
                                                                      * * * * * * *
Ochrosia haleakalae..............  Holei...............  U.S.A. (HI)........  Apocynaceae........  E               ...........           NA           NA
 
                                                                      * * * * * * *
Phyllostegia brevidens...........  None................  U.S.A. (HI)........  Lamiaceae..........  E               ...........           NA           NA
 
                                                                      * * * * * * *
Phyllostegia helleri.............  None................  U.S.A. (HI)........  Lamiaceae..........  E               ...........           NA           NA
 
                                                                      * * * * * * *
Phyllostegia stachyoides.........  None................  U.S.A. (HI)........  Lamiaceae..........  E               ...........           NA           NA
 
                                                                      * * * * * * *
Portulaca villosa................  Ihi.................  U.S.A. (HI)........  Portulacaceae......  E               ...........           NA           NA
 
                                                                      * * * * * * *
Pritchardia bakeri...............  Baker's loulu.......  U.S.A. (HI)........  Arecaceae..........  E               ...........           NA           NA
 
                                                                      * * * * * * *
Pseudognaphalium sandwicensium     Enaena..............  U.S.A. (HI)........  Asteraceae.........  E               ...........           NA           NA
 var. molokaiense.
 
                                                                      * * * * * * *
Ranunculus hawaiensis............  Makou...............  U.S.A. (HI)........  Ranunculaceae......  E               ...........           NA           NA
Ranunculus mauiensis.............  Makou...............  U.S.A. (HI)........  Ranunculaceae......  E               ...........           NA           NA
 
                                                                      * * * * * * *
Sanicula sandwicensis............  None................  U.S.A. (HI)........  Apiaceae...........  E               ...........           NA           NA
 
                                                                      * * * * * * *
Santalum involutum...............  Iliahi..............  U.S.A. (HI)........  Santalaceae........  E               ...........           NA           NA
 
                                                                      * * * * * * *
Schidea diffusa ssp. diffusa.....  None................  U.S.A. (HI)........  Caryophyllaceae....  E               ...........           NA           NA
 
                                                                      * * * * * * *
Schiedea pubescens...............  Maolioli............  U.S.A. (HI)........  Caryophyllaceae....  E               ...........           NA           NA
 
                                                                      * * * * * * *
Sicyos lanceoloideus.............  Anunu...............  U.S.A. (HI)........  Cucurbitaceae......  E               ...........           NA           NA
Sicyos macrophyllus..............  Anunu...............  U.S.A. (HI)........  Cucurbitaceae......  E               ...........           NA           NA
 
                                                                      * * * * * * *
Solanum nelsonii.................  Popolo..............  U.S.A. (HI)........  Solanaceae.........  E               ...........           NA           NA
 
                                                                      * * * * * * *
Stenogyne kaalae ssp. sherffii...  None................  U.S.A. (HI)........  Lamiaceae..........  E               ...........           NA           NA
 
                                                                      * * * * * * *
Wikstroemia skottbergiana........  Akia................  U.S.A. (HI)........  Thymelaceae........  E               ...........           NA           NA
 
                                                                      * * * * * * *
         Ferns and Allies
 

[[Page 58909]]

 
                                                                      * * * * * * *
Asplenium diellaciniatum.........  None................  U.S.A. (HI)........  Aspleniaceae.......  E               ...........           NA           NA
 
                                                                      * * * * * * *
Cyclosorus boydiae...............  Kupukupu makalii....  U.S.A. (HI)........  Thelypteridaceae...  E               ...........           NA           NA
Deparia kaalaana.................  None................  U.S.A. (HI)........  Athyraceae.........  E               ...........           NA           NA
 
                                                                      * * * * * * *
Dryopteris glabra var. pusilla...  Hohiu...............  U.S.A. (HI)........  Dryopteridaceae....  E               ...........           NA           NA
 
                                                                      * * * * * * *
Huperzia stemmermanniae..........  None................  U.S.A. (HI)........  Lycopodiaceae......  E               ...........           NA           NA
Hypolepis hawaiiensis var.         Olua................  U.S.A. (HI)........  Dennstaedtiaceae...  E               ...........           NA           NA
 mauiensis.
 
                                                                      * * * * * * *
Microlepia strigosa var.           None................  U.S.A. (HI)........  Dennstaedtiaceae...  E               ...........           NA           NA
 mauiensis.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: August 25, 2015.
James W. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2015-24305 Filed 9-29-15; 8:45 am]
BILLING CODE 4310-55-P