Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for 12 Species, and Not Prudent Determination for 2 Species, on Hawai'i Island, 18756-18821 [2023-04088]
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Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Proposed Rules
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R1–ES–2023–0017;
FF09E21000 FXES1111090FEDR 234]
RIN 1018–BG65
Endangered and Threatened Wildlife
and Plants; Designation of Critical
Habitat for 12 Species, and Not
Prudent Determination for 2 Species,
on Hawai1i Island
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), propose to
designate critical habitat for 12 federally
endangered species on the island of
Hawai1i under the Endangered Species
Act of 1973 (Act), as amended. In total,
approximately 122,277 acres (49,484
hectares) on the island of Hawai1i, in the
State of Hawaii, fall within the
boundaries of the proposed critical
habitat designation. We announce a
public informational meeting and public
hearing on, and the availability of a
draft economic analysis for, this
proposed designation. In addition, we
announce our determination that
designation of critical habitat is not
prudent for two federally endangered
species on the island of Hawai1i under
the Act.
DATES:
Comment submission: We will accept
comments received or postmarked on or
before May 30, 2023. 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.
Public informational meeting and
public hearing: On April 20, 2023, we
will hold a public informational
meeting from 6 to 6:45 p.m. Hawai1i
time, followed by a public hearing from
6:45 to 8 p.m. Hawai1i time. See Public
Informational Meeting and Hearing,
under SUPPLEMENTARY INFORMATION,
below, for more information.
ADDRESSES:
Written comments: 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–2023–0017, which is
the docket number for this rulemaking.
Then, click on the Search button. On the
resulting page, in the panel on the left
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SUMMARY:
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side of the screen, under the Document
Type heading, check the Proposed Rule
box to locate this document. You may
submit a comment by clicking on
‘‘Comment.’’
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
FWS–R1–ES–2023–0017, U.S. Fish and
Wildlife Service, MS: PRB/3W, 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
Information Requested, below, for more
information).
Availability of supporting materials:
The draft recovery plan, 5-year status
reviews, and other materials relating to
this proposed critical habitat
designation, including coordinates or
plot points or both from which the maps
are generated, are included in the
decision file and are available at https://
www.regulations.gov under Docket No.
FWS–R1–ES–2023–0017.
Public informational meeting and
public hearing: We are holding the
public informational meeting and public
hearing via the Zoom online video
platform and via teleconference so that
participants can attend remotely. See
Public Informational Meeting and
Hearing, under SUPPLEMENTARY
INFORMATION, below, for more
information.
Earl
Campbell, Project Leader, U.S. Fish and
Wildlife Service, Pacific Islands Fish
and Wildlife Office, 300 Ala Moana
Boulevard Room 3–122, Honolulu, HI
96850; telephone 808–792–9400.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Executive Summary
Why we need to publish a rule. Under
the Act, to the maximum extent prudent
and determinable, we must designate
critical habitat for any species that we
determine to be an endangered or
threatened species. Making a critical
habitat determination can be completed
only by issuing a rule through the
Administrative Procedure Act
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rulemaking process (5 U.S.C. 551 et
seq.).
What this document does. This rule
proposes to designate approximately
122,277 acres (ac) (49,484 hectares (ha))
as critical habitat for 12 federally
endangered species (11 plants, 1 insect)
on the island of Hawai1i. We are also
making a determination that designation
of critical habitat is not prudent for 2
federally endangered species (1 plant, 1
crustacean) on the island of Hawai1i in
the State of Hawaii. In this proposed
rule, we are exempting from critical
habitat designation for one of the plant
species 22,730 ac (9,198 ha) of habitat
on Department of Defense (DoD) lands
that are subject to the Po¯hakuloa
Training Area (PTA) Integrated Natural
Resources Management Plan (INRMP),
which provides a conservation benefit
to this species. In addition, in this
document, we describe exclusions
totaling 4,224 ac (1,710 ha) that we are
considering making at the final rule
stage, based on permitted and nonpermitted plans and agreements.
The basis for our action. Under
section 4(a)(3) of the Act, if we
determine that a species is an
endangered or threatened species, the
Secretary of the Interior (Secretary) must
designate critical habitat to the
maximum extent prudent and
determinable. 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 essential
to the conservation of the species and
which may require special management
considerations or protections; 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 4(b)(2) of the Act states that the
Secretary must make the designation on
the basis of the best scientific data
available and after taking into
consideration the economic impact, the
impact on national security, and any
other relevant impacts of specifying any
particular area as critical habitat.
Information Requested
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 other governmental
agencies; the Native Hawaiian
community; Native American Tribes;
the scientific community; industry; or
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any other interested parties concerning
this proposed rule.
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Comments on the Determination That
Designation of Critical Habitat Is Not
Prudent for Two Species Addressed in
This Proposed Rule
We particularly seek comments
concerning:
(1) Information regarding our
determination that designating critical
habitat for the Pritchardia lanigera and
Vetericaris chaceorum is not prudent.
Comments on the Proposed Critical
Habitat Designation
For the 12 species for which we are
proposing to designate critical habitat,
we particularly seek comments
concerning:
(1) Specific information on:
(a) The amount and distribution of the
species’ habitat;
(b) Any additional areas occurring
within the range of the species that
should be included in the designation
because they (i) are occupied at the time
of listing and contain the physical or
biological features that are essential to
the conservation of the species and that
may require special management
considerations, or (ii) are unoccupied at
the time of listing and are essential for
the conservation of the species;
(c) Special management
considerations or protection that may be
needed in the critical habitat areas we
are proposing, including managing for
the potential effects of climate change;
and
(d) To evaluate the potential to
include areas not occupied at the time
of listing, we particularly seek
comments regarding whether occupied
areas are adequate for the conservation
of the species. Additionally, please
provide specific information regarding
whether or not unoccupied areas would,
with reasonable certainty, contribute to
the conservation of the species and
contain at least one physical or
biological feature essential to the
conservation of the species. We also
seek comments or information regarding
whether areas not occupied at the time
of listing qualify as habitat for the
species.
(2) Land use designations and current
or planned activities in the subject areas
and their possible impacts on proposed
critical habitat.
(3) Any probable economic, national
security, or other relevant impacts of
designating any area that may be
included in the final designation, and
the related benefits of including or
excluding specific areas.
(4) Information on the extent to which
the description of probable economic
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impacts in the draft economic analysis
(DEA) is a reasonable estimate of the
likely economic impacts and any
additional information regarding
probable economic impacts that we
should consider.
(5) Whether any specific areas we are
proposing for critical habitat
designation should be considered for
exclusion under section 4(b)(2) of the
Act, and whether the benefits of
potentially excluding any specific area
outweigh the benefits of including that
area under section 4(b)(2) of the Act. If
you think we should exclude any
additional areas, please provide
information supporting a benefit of
exclusion. We particularly seek
comments on the exclusion from critical
habitat designation of those areas
addressed by a conservation program or
plan. These may include Federal, Tribal,
State, county, local, or private lands
with permitted conservation plans
covering the species in the area, such as
habitat conservation plans, safe harbor
agreements, or conservation easements,
or nonpermitted conservation
agreements and partnerships that would
be encouraged by designation of or
exclusion from critical habitat. Detailed
information regarding these plans,
agreements, easements, and
partnerships is also requested,
including:
(a) The location and size of lands
covered by the plan, agreement,
easement, or partnership;
(b) The duration of the plan,
agreement, easement, or partnership;
(c) Who holds or manages the land;
(d) What management activities are
conducted;
(e) What land uses are allowable; and
(f) If management activities are
beneficial to the species and its habitat.
(6) Whether we could improve or
modify our approach to designating
critical habitat in any way to provide for
greater public participation and
understanding, or to better
accommodate public concerns and
comments.
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, do not provide
substantial information necessary to
support a determination. Section 4(b)(2)
of the Act directs that the Secretary
shall designate critical habitat on the
basis of the best scientific data available.
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You may submit your comments and
materials concerning this proposed rule
by one of the methods listed in
ADDRESSES. We request that you send
comments only by the methods
described in ADDRESSES. If you submit
information via https://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the website. 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.
Because we will consider all
comments and information we receive
during the comment period, our final
determinations may differ from this
proposal. Based on the new information
we receive (and any comments on that
new information), our final designations
may not include all areas proposed, may
include some additional areas that meet
the definition of critical habitat, or may
exclude some areas if we find the
benefits of exclusion outweigh the
benefits of inclusion and exclusion will
not result in the extinction of the
species.
Public Informational Meeting and
Public Hearing
We will hold a public informational
meeting and public hearing on the date
and at the times listed in DATES. We are
holding the public informational
meeting and public hearing via the
Zoom online video platform and via
teleconference so that participants can
attend remotely. To listen and view the
meeting and hearing via Zoom, listen to
the meeting and hearing by telephone,
or provide oral public comments at the
public hearing via Zoom or by
telephone, you must register. For
information on how to register, or if you
encounter problems joining Zoom the
day of the meeting, visit https://
empsi.zoom.us/webinar/register/WN_
qdw8pld2T06EnIInZ68e-g. Registrants
will receive the Zoom link and the
telephone number for the public
informational meeting and public
hearing. If applicable, interested
members of the public not familiar with
the Zoom platform should view the
Zoom video tutorials (https://
support.zoom.us/hc/en-us/articles/
206618765-Zoom-video-tutorials) prior
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to the public informational meeting and
public hearing.
At the public informational meeting,
the Service will provide an overview of
the proposed rule and describe the
procedures for submitting comments.
The public informational meeting will
provide an opportunity for dialogue
with the Service, but it will not be an
opportunity to provide verbal comments
on the proposed rule; that opportunity
is only available at the public hearing.
At the public hearing, the Service will
provide interested persons an
opportunity to present verbal testimony
(formal, oral comments) on this
proposed rule. The purpose of the
public hearing is to provide a forum for
accepting formal verbal testimony that
will be recorded and transcribed and
become part of the record for this
proposed rule. In the event there is a
large attendance at the public hearing,
the Service may limit the time allotted
for verbal testimony. Therefore, anyone
wishing to provide verbal testimony at
the public hearing is also encouraged to
provide a prepared written copy of their
statement to us through the Federal
eRulemaking Portal or by U.S. mail (see
ADDRESSES, above). There are no limits
on the length of written comments
submitted to us. Again, anyone wishing
to provide verbal testimony at the
public hearing must register before the
hearing (https://empsi.zoom.us/
webinar/register/WN_qdw8pld2T06EnII
nZ68e-g). The use of virtual public
hearings is consistent with our
regulations at 50 CFR 424.16(c)(3).
Reasonable Accommodation
The Service is committed to providing
access to the public informational
meeting and public hearing for all
participants. Closed captioning will be
available during the public
informational meeting and public
hearing. Further, a full audio and video
recording and transcript of the public
hearing will be posted online at https://
www.fws.gov/office/pacific-islands-fishand-wildlife/what-we-do/projectsresearch after the hearing. Participants
will also have access to live audio
during the public informational meeting
and public hearing via their telephone
or computer speakers. Persons with
disabilities requiring reasonable
accommodations to participate in the
meeting and/or hearing should contact
the person listed under FOR FURTHER
INFORMATION CONTACT at least 5 business
days prior to the date of the meeting and
hearing to help ensure availability. An
accessible version of the Service’s
public informational meeting
presentation will also be posted online
at https://www.fws.gov/office/pacific-
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islands-fish-and-wildlife/what-we-do/
projects-research prior to the meeting
and hearing (see DATES, above). See
https://www.fws.gov/office/pacificislands-fish-and-wildlife/what-we-do/
projects-research for more information
about reasonable accommodation.
Peer Review
In accordance with our joint policy on
peer review published in the Federal
Register on July 1, 1994 (59 FR 34270),
and our August 22, 2016, memorandum
updating and clarifying the role of peer
review of listing actions under the Act,
we will seek the expert opinions of at
least three appropriate and independent
specialists regarding this proposed rule.
The purpose of such review is to ensure
that our proposed critical habitat
designation is based on scientifically
sound data, assumptions, and analyses.
We will invite these peer reviewers to
comment, during the public comment
period, on the specific assumptions and
conclusions regarding the proposed
designations of critical habitat. We will
consider all comments and information
we receive during the comment period
on this proposed rule during our
preparation of a final rule. Accordingly,
our final decisions may differ from this
proposal.
Previous Federal Actions
On October 17, 2012, we published in
the Federal Register (77 FR 63928) a
proposed rule to list 15 species,
including the 14 species that are the
subjects of this proposed rule, on the
island of Hawai1i as endangered species
under the Act. On October 29, 2013, we
published in the Federal Register (78
FR 64638) a final rule to list those 15
species as endangered species. See the
October 17, 2012, proposed rule for
information on previous Federal actions
concerning the 14 species that are the
subjects of this proposed rule.
In the October 27, 2012, proposed rule
(77 FR 63928), we found that critical
habitat was prudent but not
determinable for the 14 species that are
the subject of this proposed rule.
On October 28, 2019, the Center for
Biological Diversity (CBD) filed a
complaint in the U.S. District Court,
District of Hawaii (Case No. 1:19–cv–
00588), challenging the failure of the
Service to designate critical habitat for
the 14 species (consisting of 12 plants
(Bidens hillebrandiana ssp.
hillebrandiana, Cyanea marksii, Cyanea
tritomantha, Cyrtandra nanawaleensis,
Cyrtandra wagneri, Melicope remyi,
Phyllostegia floribunda, Pittosporum
hawaiiense, Pritchardia lanigera,
Schiedea diffusa ssp. macraei, Schiedea
hawaiiensis, and Stenogyne cranwelliae)
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and 2 animals (Drosophila digressa and
Vetericaris chaceorum)) within 1
additional year from the date of the
proposed listing. We entered into a
settlement agreement approved by the
court on March 6, 2020, requiring that
by February 28, 2023, we submit to the
Federal Register, for publication, a
determination concerning the
designation of critical habitat for the 14
species and a proposed rule for any
species for which the designation of
critical habitat is prudent and
determinable; the submission for
publication of this proposed rule
complies with the settlement agreement.
Background
For species with Hawaiian common
names, we prefer to, and will, include
Hawaiian language spellings, including
diacritical marks, to the degree possible
and appropriate in the preambles of our
Federal Register documents. For the
text to be codified in the Code of
Federal Regulations (CFR), however, we
will omit diacritical marks to ensure
that no errors are inadvertently
incorporated during the codification
process.
We provide a brief description for
each of the 14 species addressed in this
proposed rule, below.
Bidens hillebrandiana ssp.
hillebrandiana (ko1oko1olau), a shortlived perennial herb in the sunflower
family (Asteraceae), occurs only on the
island of Hawai1i (Ganders and Nagata
1999, pp. 275–276). Historically, B.
hillebrandiana ssp. hillebrandiana was
known from two locations along the
windward Kohala coastline, in the
coastal and dry cliff ecosystems, often
along rocks just above the ocean
(Degener and Wiebke 1926, in litt.;
Flynn 1988, in litt.).
Cyanea marksii (ha¯ha¯), a short-lived
perennial palmlike shrub in the
bellflower family (Campanulaceae), is
found only on the island of Hawai1i.
Historically, C. marksii was known from
the Kona district, in the lowland wet
and montane wet ecosystems (Lammers
1999, p. 457; Hawai1i Biodiversity
Mapping Program (HBMP) database
2010b).
Cyanea tritomantha (1aku¯), a shortlived perennial palmlike shrub in the
bellflower family (Campanulaceae), is
known only from the island of Hawai1i
(Pratt and Abbott 1997, p. 13; Lammers
2004, p. 89). Historically, this species
was known from the windward slopes
of Mauna Kea, Mauna Loa, Kı¯lauea, and
the Kohala Mountains, in the lowland
wet, montane wet, and wet cliff
ecosystems (Pratt and Abbott 1997, p.
13).
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Cyrtandra nanawaleensis (ha1iwale), a
short-lived perennial shrub or small tree
in the African violet family
(Gesneriaceae), is known only from the
island of Hawai1i (Wagner and Herbst
2003, p. 29; Wagner et al. 2005a).
Historically, C. nanawaleensis was
known only from the lowland wet
ecosystems in the Puna district (St. John
1987, p. 500; Wagner et al. 1988, in litt.;
HBMP 2010d).
Cyrtandra wagneri (ha1iwale), a shortlived perennial shrub or small tree in
the African violet family (Gesneriaceae),
occurs only on the island of Hawai1i
(Lorence and Perlman 2007, p. 357).
Historically, C. wagneri was known in
the lowland wet ecosystem along the
northeast side of the island (Lorence
and Perlman 2007, p. 359).
Melicope remyi (no common name), a
long-lived perennial shrub or shrubby
tree in the rue family (Rutaceae), occurs
only on the island of Hawai1i (Stone et
al. 1999, p. 1210; Service 2010, pp. A–
11, 4–74). Historically, M. remyi was
known from a few scattered individuals
on the windward slopes of the Kohala
Mountains and several small
populations on the windward slopes of
Mauna Kea, in the lowland wet and
montane wet ecosystems (Stone et al.
1999, p. 1210; HBMP 2010f). We will
refer to Melicope remyi by this name in
this proposed rule; this plant is
currently listed as Platydesma remyi,
but we recently published a direct final
rule (88 FR 7134; February 2, 2023) to
correct the scientific name to Melicope
remyi on the List of Endangered and
Threatened Plants.
Phyllostegia floribunda (no common
name), a short-lived perennial subshrub
in the mint family (Lamiaceae), is found
only on the island of Hawai1i (Wagner
1999, p. 268; Wagner et al. 1999a, p.
815). Historically, P. floribunda was
reported in the lowland wet, montane
mesic, and montane wet ecosystems at
scattered sites along the eastern side of
the island.
Pittosporum hawaiiense (ho¯1awa,
ha¯1awa), a small, long-lived perennial
tree in the pittosporum family
(Pittosporaceae), is known only from the
island of Hawai1i (Wagner et al. 1999b,
p. 1,044). Historically, P. hawaiiense
was known from the leeward side of the
island, from the Kohala Mountains
south to Ka1u¯, in the lowland mesic,
montane mesic, and montane wet
ecosystems (Wagner et al. 1999b, p.
1,044).
Pritchardia lanigera (loulu), a
medium-sized, long-lived perennial tree
in the palm family (Arecaceae), is found
only on the island of Hawai1i (Read and
Hodel 1999, p. 1,371; Hodel 2007, pp.
10, 24–25). Historically, P. lanigera was
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known from the Kohala Mountains,
Ha¯ma¯kua district, windward slopes of
Mauna Kea, and southern slopes of
Mauna Loa, in the lowland mesic,
lowland wet, montane wet, and wet cliff
ecosystems (Read and Hodel 1999, p.
1,371; National Park Service 2015, pp.
467–468)
Schiedea diffusa ssp. macraei (no
common name), a short-lived perennial
climbing herb in the pink family
(Caryophyllaceae), is reported only from
the island of Hawai1i (Wagner et al.
2005b; Wagner et al. 2005c, p. 106).
Historically, S. diffusa ssp. macraei was
known from the Kohala Mountains, the
windward slopes of Mauna Loa, and the
Olaa Tract of Hawai1i Volcanoes
National Park, in the montane wet
ecosystem (Perlman et al. 2001, in litt.;
Wagner et al. 2005c, p. 106; HBMP
2010g).
Schiedea hawaiiensis (ma¯1oli1oli), a
short-lived perennial herb in the pink
family (Caryophyllaceae), is known only
from the island of Hawai1i (Wagner et al.
2005c, pp. 92–96). Historically, S.
hawaiiensis was known from a single
site between Mauna Loa and Mauna Kea
mountains in the montane dry
ecosystem (Hillebrand 1888, p. 33;
Wagner et al. 2005c, pp. 92–96).
Stenogyne cranwelliae (no common
name), a short-lived perennial vine in
the mint family (Lamiaceae), is known
only from the island of Hawai1i.
Historically, S. cranwelliae was known
from the Kohala Mountains, in the
montane wet and wet cliff ecosystems
(Weller and Sakai 1999, p. 837).
Drosophila digressa (Hawaiian
picture-wing fly), a member of the
family Drosophilidae, is found only on
the island of Hawai1i and historically
known from five locations on the island
in elevations ranging from
approximately 2,000 to 4,500 ft (610 to
1,370 m), in the lowland mesic,
montane mesic, and montane wet
ecosystems (Hardy and Kaneshiro 1968,
p. 182; Montgomery 1975, p. 95;
Magnacca 2012, pers. comm.). This
species is small, with adults ranging in
size from 0.15 to 0.19 in (4.0 to 5.0 mm)
in length. Adults are brownish yellow in
color and have yellow-colored legs and
hyaline (shiny-clear) wings with
prominent brown spots. Like many
endemic Hawaiian Drosophilidae
species, D. digressa are highly hostplant-specific (Magnacca et al. 2008, p.
1), relying on the decaying stems of
Charpentiera spp., Ceodes brunoniana
(previously known as Pisonia
brunoniana), and Rockia sandwicensis
(previously known as Pisonia
sandwicensis) for reproduction and
larval substrate (Magnacca et al. 2008,
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pp. 11, 13; Magnacca 2012, pers.
comm.).
Vetericaris chaceorum (anchialine
pool shrimp), a small shrimp in the
family Procarididae, is endemic to
anchialine pools. These pools are
coastal land-locked bodies of water that
have underground hydrological
connections to the ocean, contain
varying levels of salinity, and show tidal
fluctuations in water level. Vetericaris
chaceorum is one of seven described
species of hypogeal (underground)
shrimp found in the Hawaiian Islands
that occur in anchialine pools (Brock
2004, p. 6) and is relatively large in size
for a hypogeal shrimp species; adult V.
chaceorum measure approximately 2.0
in (5.0 cm) in total body length,
excluding the primary antennae, which
are approximately the same length as
the adult’s body length (Kensley and
Williams 1986, p. 419). The species
lacks large chelapeds (claws) (Kensley
and Williams 1986, p. 426), which are
a key diagnostic characteristic of all
other known shrimp species. Vetericaris
chaceorum is largely devoid of pigment
and lacks eyes, although eyestalks are
present (Kensley and Williams 1986, p.
419).
Additional information about the
descriptions of each species’ occurrence
can be found in the proposed (77 FR
63928, October 17, 2012) and final (78
FR 64638, October 29, 2013) listing
rules for these species.
Critical habitat is defined in section 3
of the Act as:
(1) The specific areas within the
geographical area occupied by the
species, at the time it is listed in
accordance with the Act, on which are
found those physical or biological
features:
(a) Essential to the conservation of the
species, and
(b) Which may require special
management considerations or
protection; and
(2) Specific areas outside the
geographical area occupied by the
species at the time it is listed, upon a
determination that such areas are
essential for the conservation of the
species.
Our regulations at 50 CFR 424.02
define the geographical area occupied
by the species as an area that may
generally be delineated around species’
occurrences, as determined by the
Secretary (i.e., range). Such areas may
include those areas used throughout all
or part of the species’ life cycle, even if
not used on a regular basis (e.g.,
migratory corridors, seasonal habitats,
and habitats used periodically, but not
solely by vagrant individuals).
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Conservation, as defined under
section 3 of the Act, means to use and
the use of all methods and procedures
that are necessary to bring an
endangered or threatened species to the
point at which the measures provided
pursuant to the Act are no longer
necessary. Such methods and
procedures include, but are not limited
to, all activities associated with
scientific resources management such as
research, census, law enforcement,
habitat acquisition and maintenance,
propagation, live trapping, and
transplantation, and, in the
extraordinary case where population
pressures within a given ecosystem
cannot be otherwise relieved, may
include regulated taking.
Critical habitat receives protection
under section 7 of the Act through the
requirement that Federal agencies
ensure, in consultation with the Service,
that any action they authorize, fund, or
carry out is not likely to result in the
destruction or adverse modification of
critical habitat. The designation of
critical habitat does not affect land
ownership or establish a refuge,
wilderness, reserve, preserve, or other
conservation area. Such designation also
does not allow the government or public
to access private lands. Such
designation does not require
implementation of restoration, recovery,
or enhancement measures by nonFederal landowners. Where a landowner
requests Federal agency funding or
authorization for an action that may
affect a listed species or critical habitat,
the Federal agency would be required to
consult with the Service under section
7(a)(2) of the Act. However, even if the
Service were to conclude that the
proposed activity would likely result in
destruction or adverse modification of
the critical habitat, the Federal action
agency and the landowner are not
required to abandon the proposed
activity, or to restore or recover the
species; instead, they must implement
‘‘reasonable and prudent alternatives’’
to avoid destruction or adverse
modification of critical habitat.
Under the first prong of the Act’s
definition of critical habitat, areas
within the geographical area occupied
by the species at the time it was listed
are included in a critical habitat
designation if they contain physical or
biological features (1) which are
essential to the conservation of the
species and (2) which may require
special management considerations or
protection. For these areas, critical
habitat designations identify, to the
extent known using the best scientific
and commercial data available, those
physical or biological features that are
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essential to the conservation of the
species (such as space, food, cover, and
protected habitat).
Under the second prong of the Act’s
definition of critical habitat, we can
designate critical habitat in areas
outside the geographical area occupied
by the species at the time it is listed,
upon a determination that such areas
are essential for the conservation of the
species.
Section 4 of the Act requires that we
designate critical habitat on the basis of
the best scientific data available.
Further, our Policy on Information
Standards Under the Endangered
Species Act (published in the Federal
Register on July 1, 1994 (59 FR 34271)),
the Information Quality Act (section 515
of the Treasury and General
Government Appropriations Act for
Fiscal Year 2001 (Pub. L. 106–554; H.R.
5658)), and our associated Information
Quality Guidelines provide criteria,
establish procedures, and provide
guidance to ensure that our decisions
are based on the best scientific data
available. They require our biologists, to
the extent consistent with the Act and
with the use of the best scientific data
available, to use primary and original
sources of information as the basis for
recommendations to designate critical
habitat.
When we are determining which areas
should be designated as critical habitat,
our primary source of information is
generally the information from the
species status reports and information
developed during the listing process for
the species. Additional information
sources may include any generalized
conservation strategy, criteria, or outline
that may have been developed for the
species; the recovery plan for the
species; articles in peer-reviewed
journals; conservation plans developed
by States and counties; scientific status
surveys and studies; biological
assessments; other unpublished
materials; or experts’ opinions or
personal knowledge.
Habitat is dynamic, and species may
move from one area to another over
time. We recognize that critical habitat
designated at a particular point in time
may not include all of the habitat areas
that we may later determine are
necessary for the recovery of the
species. For these reasons, a critical
habitat designation does not signal that
habitat outside the designated area is
unimportant or may not be needed for
recovery of the species. Areas that are
important to the conservation of the
species, both inside and outside the
critical habitat designation, will
continue to be subject to: (1)
Conservation actions implemented
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under section 7(a)(1) of the Act; (2)
regulatory protections afforded by the
requirement in section 7(a)(2) of the Act
for Federal agencies to ensure their
actions are not likely to jeopardize the
continued existence of any endangered
or threatened species; and (3) the
prohibitions found in section 9 of the
Act. Federally funded or permitted
projects affecting listed species outside
their designated critical habitat areas
may still result in jeopardy findings in
some cases. These protections and
conservation tools will continue to
contribute to recovery of the species.
Similarly, critical habitat designations
made on the basis of the best available
information at the time of designation
will not control the direction and
substance of future recovery plans,
habitat conservation plans, or other
species conservation planning efforts if
new information available at the time of
those planning efforts calls for a
different outcome.
Prudency Determination
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 shall
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 Secretary may, but is not
required to, determine that a
designation would not be prudent in the
following circumstances:
(i) The species is threatened by taking
or other human activity and
identification of critical habitat can be
expected to increase the degree of such
threat to the species;
(ii) The present or threatened
destruction, modification, or
curtailment of a species’ habitat or range
is not a threat to the species, or threats
to the species’ habitat stem solely from
causes that cannot be addressed through
management actions resulting from
consultations under section 7(a)(2) of
the Act;
(iii) Areas within the jurisdiction of
the United States provide no more than
negligible conservation value, if any, for
a species occurring primarily outside
the jurisdiction of the United States;
(iv) No areas meet the definition of
critical habitat; or
(v) The Secretary otherwise
determines that designation of critical
habitat would not be prudent based on
the best scientific data available.
We are not aware of any threats to
Drosophila digressa, Bidens
hillebrandiana ssp. hillebrandiana,
Cyanea marksii, Cyanea tritomantha,
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Cyrtandra nanawaleensis, Cyrtandra
wagneri, Melicope remyi, Phyllostegia
floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, Schiedea
hawaiiensis, and Stenogyne cranwelliae
that would be attributed to
overutilization for commercial,
recreational, scientific, or educational
purposes. There is no documentation
that these species are threatened by
taking or other human activity, and we
conclude there is currently no imminent
threat of collection or vandalism
identified for these species. Further,
identification and mapping of critical
habitat for these species is not expected
to result in collection or vandalism. In
our species reports and 2013 listing
determination (78 FR 64638; October 29,
2013), we determined that the present or
threatened destruction, modification, or
curtailment of habitat or range is a
threat for these 12 species. These 12
species occur wholly in the jurisdiction
of the United States, and we are able to
identify areas that meet the definition of
critical habitat. Therefore, because none
of the circumstances enumerated in our
regulations at 50 CFR 424.12(a)(1) have
been met and because the Secretary has
not identified other circumstances for
which this designation of critical habitat
would be not prudent, we have
determined that the designation of
critical habitat is prudent for these 12
species.
When we listed Pritchardia lanigera
and Vetericaris chaceorum as
endangered (78 FR 64638; October 29,
2013, pp. 63978–63978) we had reason
to believe that designation of critical
habitat was prudent for these two
species at that time; however, new
information has become available
highlighting a new threat to these two
species in the form of collection and
overutilization, as detailed below, that
now make identification and mapping
of critical habitat likely to increase the
threat of collection. Designation of
critical habitat requires the publication
of maps and a narrative description of
specific critical habitat areas in the
Federal Register. The degree of detail in
those maps and boundary descriptions
would be greater than the general
location descriptions provided in the
2013 final rule to list P. lanigera and V.
chaceorum (78 FR 64638; October 29,
2013). Designation of critical habitat
would more widely announce the exact
locations of these two species to
collectors. The publication of maps and
descriptions outlining the locations of
the species would likely further
facilitate unauthorized collection and
trade, as collectors would know the
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exact locations where these species
occur.
Pritchardia species have become one
of the most widely cultivated
ornamental palm genera in the world
(78 FR 64638; October 29, 2013). There
are a number of websites that offer
Pritchardia plants and seeds for sale,
including 22 species of Hawaiian
Pritchardia. Twelve of these species are
federally protected, including P.
lanigera (Shirey et al. 2013, p. 307;
Weisenberger 2023, pers. comm.).
Pritchardia species are tall, they can be
visible from afar, and they are attractive
to collectors of rare palms for their
personal use or to trade or sell for
personal gain (Shirey et al. 2013, p.
301–302). Distinguishing Pritchardia
species from one another can be
difficult, thus collection activities
targeting Prichardia species, in general,
has potential to also increase collection
of P. lanigera (Weisenberger 2023, pers.
comm.). Based on the collections of
Hawaiian Pritchardia plants and seeds
and the market for these collected
specimens, P. lanigera are now
vulnerable to overharvesting, with
collection of P. lanigera posing a serious
and ongoing threat to the species
(Weisenberger 2023, pers. comm.).
Although at the time of listing known
locations of P. lanigera were extremely
difficult to access (77 FR 63928, October
17, 2012, p. 63978), recent surveys have
identified more accessible populations
of P. lanigera and conservation
management actions have increased
accessibility in some instances
(Weisenberger 2023, pers. comm.).
Because of the narrow range, life history
traits, and small population size of this
species, any collection poses a threat to
the species.
Coincidentally after listing V.
chaceorum as endangered (78 FR 64638;
October 29, 2013, pp. 63978–63978),
popularity in the aquarium trade of
another Hawaiian anchialine shrimp
species, Halocaridina rubra, increased.
This increase in collection activities of
Halocaridina rubra has resulted in a risk
to V. chaceorum, due to these two
species sharing a similar appearance
and habitat preferences. In the past
several years, Halocaridina rubra,
commonly called the Hawaiian red
shrimp or volcano shrimp, has been
increasingly prized by aquarists and
companies in the pet trade industry
worldwide (Yamamoto et al. 2015, p.
83). These anchialine shrimp are sought
because of their ability to live in
hermetically sealed containers
(Yamamoto et al. 2015, p. 83) and as live
feed for seahorses (Yamamoto et al.
2015, p. 83). While the shrimp that are
being harvested are primarily H. rubra,
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18761
which is not endangered, as the
popularity of this business increases,
there is risk that the endangered
Vetericaris chaceorum may either
intentionally or accidentally be
harvested and become part of the
aquarium trade. Collectors may target V.
chaceorum due to its similar
appearance, rarity and aesthetic, or
collectors attempting to harvest the H.
rubra that occur in the same pools as V.
chaceorum may accidentally harvest
both species (Sakihara 2012, entire).
Because this shrimp is so rare, a single
person with a hand-net could do
irreparable damage to a population of V.
chaceorum (Yamamoto 2015, pers.
comm.). Despite the prohibition on
collecting within Natural Area Reserves
and the permitting process for collection
elsewhere, the collection of V.
chaceorum is considered an ongoing
threat because collection can occur at
any time owing to a lack of available
resources for patrolling or other
monitoring or enforcement at the pools
where V. chaceorum occur.
Designating critical habitat would
increase human threats to Pritchardia
lanigera and Vetericaris chaceorum by
increasing the vulnerability of these
species to unauthorized collection and
trade through public disclosure of their
locations. The publication of maps and
a specific narrative description
outlining the locations of this species
within critical habitat units in the
Federal Register, as well as any
associated publication of such
information in local newspapers and on
special interest websites, would
facilitate unauthorized collection and
trade by detailing the exact locations
where P. lanigera and V. chaceorum
occur. Publishing specific location
information would provide a high level
of assurance that any person going to a
specific location would be able to
successfully locate and collect
specimens. Designating critical habitat
could negate the current efforts of State
and local conservation agencies to
restrict access to location information
that could significantly affect future
efforts to control the threat of
unauthorized collection and trade.
Summary of Prudency Determination
for Pritchardia lanigera and Vetericaris
chaceorum
We have determined that designating
critical habitat for Pritchardia lanigera
and Vetericaris chaceorum is not
prudent. Designation of critical habitat
would increase the threats to these
species from unauthorized collection
and trade. Due to the willingness of
individuals to collect these species
without authorization, we have
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determined that any action that publicly
discloses the location of P. lanigera and
V. chaceorum (such as critical habitat)
puts these species in further peril. Many
populations of these two species are
small. One of the basic measures to
protect P. lanigera and V. chaceorum
from unauthorized collection and trade
is restricting access to information about
the location of the species’ populations.
Publishing maps and narrative
descriptions of critical habitat for these
two species would significantly affect
our ability to reduce the threat of
unauthorized collection and trade. We
have, therefore, determined in
accordance with 50 CFR 424.12(a)(1)
that it is not prudent to designate
critical habitat for P. lanigera and V.
chaceorum.
Physical or Biological Features
Essential to the Conservation of the
Species
In accordance with section 3(5)(A)(i)
of the Act and regulations at 50 CFR
424.12(b), in determining which areas
we will designate as critical habitat from
within the geographical area occupied
by the species at the time of listing, we
consider the physical or biological
features that are essential to the
conservation of the species and which
may require special management
considerations or protection. The
regulations at 50 CFR 424.02 define
‘‘physical or biological features essential
to the conservation of the species’’ as
the features that occur in specific areas
and that are essential to support the lifehistory needs of the species, including,
but not limited to, water characteristics,
soil type, geological features, sites, prey,
vegetation, symbiotic species, or other
features. A feature may be a single
habitat characteristic or a more complex
combination of habitat characteristics.
Features may include habitat
characteristics that support ephemeral
or dynamic habitat conditions. Features
may also be expressed in terms relating
to principles of conservation biology,
such as patch size, distribution
distances, and connectivity. For
example, physical features essential to
the conservation of the species might
include gravel of a particular size
required for spawning, alkaline soil for
seed germination, protective cover for
migration, or susceptibility to flooding
or fire that maintains necessary earlysuccessional habitat characteristics.
Biological features might include prey
species, forage grasses, specific kinds or
ages of trees for roosting or nesting,
symbiotic fungi, or absence of a
particular level of nonnative species
consistent with conservation needs of
the listed species. The features may also
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be combinations of habitat
characteristics and may encompass the
relationship between characteristics or
the necessary amount of a characteristic
essential to support the life history of
the species.
In considering whether features are
essential to the conservation of the
species, we may consider an appropriate
quality, quantity, and spatial and
temporal arrangement of habitat
characteristics in the context of the lifehistory needs, condition, and status of
the species. These characteristics
include, but are not limited to, space for
individual and population growth and
for normal behavior; food, water, air,
light, minerals, or other nutritional or
physiological requirements; cover or
shelter; sites for breeding, reproduction,
or rearing (or development) of offspring;
and habitats that are protected from
disturbance.
In this proposed rule, the physical or
biological features are based on the
features of the six ecosystem types on
which the 11 plant (Bidens
hillebrandiana ssp. hillebrandiana,
Cyanea marksii, Cyanea tritomantha,
Cyrtandra nanawaleensis, Cyrtandra
wagneri, Melicope remyi, Phyllostegia
floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, Schiedea
hawaiiensis, Stenogyne cranwelliae) and
1 animal (Drosophila digressa) species
depend (see table 1, below). These six
ecosystems are coastal, dry forest, mesic
forest, wet forest, mesic grassland and
shrubland, and wet grassland and
shrubland; we summarize the
descriptions of these ecosystems and
our source for the descriptions below.
The physical or biological features
essential to the conservation of the
species identified in this proposed rule
are those features required for the
successful functioning of the ecosystem
in which these species occur or have
historically occurred (see table 2,
below). Although critical habitat is
identified for each species individually,
we have found that the conservation of
each depends, at least in part, on the
successful functioning of the commonly
shared ecosystem. Ecosystem
parameters include elevation,
precipitation, substrate, and associated
native plant genera. These ecosystem
parameters describe the species-specific
physical or biological features of the
functioning ecosystems on which these
listed species depend. For example, the
associated native plant genera described
as physical or biological features for
these 12 listed species are representative
of the native plant genera that occur in
the functioning ecosystems on which
these 12 species depend, and as such,
the occurrence of these native plant
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genera indicate functioning native
ecosystems that provide the
fundamental biological requirements for
the listed species in these areas.
Additionally, Drosophila digressa relies
on native plant genera, specifically
Charpentiera, Rockia, and Ceodes, as
native plant host resources, and without
which this species would be highly
vulnerable to mortality, reproductive
failure, and cyclical population
variation related to fluctuations in
breeding resources (Magnacca et al.
2008, p. 32).
Coastal (as Described by Kim et al. 2020,
p. 2)
Coastal ecosystems are defined as
near-shore areas that are impacted by
the ocean and generally occur within
328 feet (ft) (100 meters (m)) of high tide
up to 984 ft (300 m) in elevation. Coastal
ecosystems are found on all the main
Hawaiian Islands and include coastal
dry herblands, coastal dry grasslands,
coastal mixed communities, coastal dry
shrublands, coastal dry forests, and
coastal wet-mesic forests. Coastal
substrate includes well-drained talus,
calcareous slopes, and dunes. Annual
precipitation ranges from less than 47
inches (in) (120 centimeters (cm)) in
coastal dry to 47 to 98 in (120 to 250
cm) in coastal mesic, and to more than
98 in (250 cm) in coastal wet ecosystem.
Bidens hillebrandiana ssp.
hillebrandiana is the only species
addressed in this proposed rule known
to occupy the coastal ecosystem.
Dry Forest (as Described by Javar-Salas
et al. 2020, p. 2)
Dry forest ecosystems are found on all
of the main Hawaiian Islands and
include lowland dry forest and
montane-alpine dry forest. Dry forest is
found from 0 to 9,500 ft (0 to 2,900 m).
Annual precipitation ranges from 12 to
79 in (30 to 200 cm). Substrates are
generally well-drained, sandy loams
from volcanic ash or cinder and
weathered basaltic lava in lowland dry
forest to well-drained, loams from
volcanic ash, cinder, and weathered
basaltic lava in montane-alpine dry
forest. Schiedea hawaiiensis is the only
species addressed in this proposed rule
known to occupy the dry forest
ecosystem.
Mesic Forest (as Described by Lowe et al.
2020, pp. 2–7)
Mesic forest ecosystems include
lowland mesic forest and montane
subalpine mesic forest. Elevation ranges
from 98 to 5,249 ft (30 to 1,600 m) in
lowland mesic forest to 2,953 to 6,562
ft (900 to 2,000 m) in montane subalpine
mesic forest. Annual precipitation
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ranges from 39 to 150 in (100 to 380 cm)
in montane subalpine to 47 to 150 in
(120 to 380 cm) in lowland mesic forest.
Substrates are generally well-drained
and include rocky, shallow, organic
muck soils; steep rocky talus soils;
shallow soils over weathered rock in
steep gulches; deep soils over soft
weathered rock; and gravelly alluvium.
The plants Cyrtandra nanawaleensis,
Phyllostegia floribunda, and
Pittosporum hawaiiense addressed in
this proposed rule are found in the
mesic forest ecosystem. The picturewing fly, Drosophila digressa, addressed
in this proposed rule is also found in
the mesic forest ecosystem.
Wet Forest (as Described by Clark et al.
2020, p. 2)
Wet forest ecosystems include
lowland rainforest, montane rainforest,
and montane cloud forest. Elevation
ranges from 328 to 3,937 ft (100 to 1,200
m) in lowland rainforest; 2,700 to 7,218
ft (823 to 2,200 m) in montane
rainforest; and 2,461 to 6,070 ft (750 to
1,830 m) in montane cloud forest.
Annual precipitation is greater than 98
in (250 cm). Substrates range from very
weathered soils to rocky substrate with
classes of undeveloped and developed
soil substrates formed from basalt lava.
The plants Cyanea marksii, Cyanea
tritomantha, Cyrtandra nanawaleensis,
Cyrtandra wagneri, Phyllostegia
floribunda, Pittosporum hawaiiense,
Melicope remyi, Schiedea diffusa ssp.
macraei, and Stenogyne cranwelliae
addressed in this proposed rule are
found in the wet forest ecosystem.
Drosophila digressa is also found in the
wet forest ecosystem.
Mesic Grassland and Shrubland (as
Described by Ball et al. 2020, p. 2)
Mesic grassland and shrubland
ecosystems include lowland mesic
shrubland, subalpine mesic shrubland,
montane-subalpine mesic grassland, and
lowland mesic grassland. Elevation
ranges from 98 to 7,546 ft (30 to 2,300
m). Annual precipitation ranges from 39
to 98 in (100 to 250 cm). Substrates
generally include shallow soils that
frequently dry with rocky outcrops.
Cyrtandra nanawaleensis is the only
species addressed in this proposed rule
known to occupy the mesic grassland
and shrubland ecosystem.
Wet Grassland and Shrubland (as
Described by Nelson et al. 2020, p. 3)
Wet grassland and shrubland
ecosystems include native wet sedge
and grassland and native wet cliff and
crest shrubland. Elevation ranges from
656 to 2,953 ft (200 to 900 m). Annual
precipitation ranges from 98 to 197 in
(250 to 500 cm). Substrates range from
older, weathered soils to younger, rocky
substrates. The plants Cyanea
tritomantha and Phyllostegia floribunda
addressed in this proposed rule are
found in the wet grassland and
shrubland ecosystem.
Summary of Essential Physical or
Biological Features
We derive the specific physical or
biological features essential to the
conservation of the 12 species from
studies of the species’ habitat, ecology,
and life history as described below.
Additional information about the
ecosystems containing these physical or
biological features and descriptions of
each species’ occurrence within these
ecosystems can be found in the
proposed (77 FR 63928, October 17,
2012) and final (78 FR 64638, October
29, 2013) listing rules for these species.
Each species identified in this rule
requires the physical or biological
features for each ecosystem in which
that species occurs, as noted in table 1.
Table 2, below, identifies the physical
or biological features of a functioning
ecosystem for each of the ecosystem
types identified in this proposed rule.
The physical or biological features are
defined here by elevation, annual levels
of precipitation, substrate type, and the
characteristic native plant genera that
are found in the canopy, subcanopy,
and understory levels of the vegetative
community where applicable. Due to
our limited knowledge of the specific
life-history requirements for the species
that are little-studied and occur in
remote and inaccessible areas, the
physical or biological features described
in this document that provide for the
successful function of the ecosystem
that is essential to the conservation of
the species represents the best, and, in
many cases, the only, scientific
information available. Accordingly, the
physical or biological features of a
functioning ecosystem are, at least in
part, the physical or biological features
essential to the conservation of these 12
species.
TABLE 1—TWELVE SPECIES AND APPLICABLE ECOSYSTEMS
[Note: All species, except for Bidens hillebrandiana ssp. hillebrandiana and Schiedea hawaiiensis are found in multiple ecosystems.]
Ecosystem
Species
Coastal ............................................
Dry Forest .......................................
Mesic Forest ...................................
Wet Forest ......................................
Mesic Grassland and Shrubland ....
Wet Grassland and Shrubland .......
Bidens hillebrandiana ssp. hillebrandiana.
Schiedea hawaiiensis.
Cyrtandra nanawaleensis, Phyllostegia floribunda, Pittosporum hawaiiense, Drosophila digressa.
Cyanea marksii, Cyanea tritomantha, Cyrtandra nanawaleensis, Cyrtandra wagneri, Drosophila digressa,
Phyllostegia floribunda, Pittosporum hawaiiense, Melicope remyi, Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae.
Cyrtandra nanawaleensis.
Cyanea tritomantha, Phyllostegia floribunda.
TABLE 2—PHYSICAL OR BIOLOGICAL FEATURES FOR EACH ECOSYSTEM UPON WHICH THE 12 SPECIES DEPEND
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[Read in association with table 1]
Ecosystem
Elevation
Coastal ................
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<980 ft (<300
m).
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Contain one or more of these associated native plant genera
Annual
precipitation
<47 to >98 in
(<120 cm to
>250 cm).
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Substrate
Canopy
Subcanopy
well-drained talus, calDiospyros, Metrosideros, Chenopodium,
careous slopes, dunes.
Myoporum, Pritchardia.
Gossypium,
Heliotropium,
Santalum, Scaevola.
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Understory
Eragrostis, Sesuvium,
Sida, Sporobolus.
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TABLE 2—PHYSICAL OR BIOLOGICAL FEATURES FOR EACH ECOSYSTEM UPON WHICH THE 12 SPECIES DEPEND—
Continued
[Read in association with table 1]
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Ecosystem
Elevation
Contain one or more of these associated native plant genera
Annual
precipitation
Substrate
Dry Forest ............
<9,500 ft
(<2,900 m).
<79 in (<200
cm).
well-drained, sandy
loams or loams from
volcanic ash or cinder;
weathered basaltic
lava.
Mesic Forest ........
<6,600 ft
(<2,000 m).
39–150 in (100–
380 cm).
Wet Forest ...........
<7,300 ft
(<2,225 m).
>98 in (>250
cm).
rocky, shallow, organic
muck soils; rocky talus
soils; shallow soils
over weathered rock;
deep soils over soft
weathered rock; gravelly alluvium.
very weathered soils to
rocky substrate, basaltic lava, undeveloped
soils, developed soils.
Mesic Grassland
and Shrubland.
100–7,500 ft
(30–2,300 m).
39–98 in (100–
250 cm).
shallow soils that frequently dry with rocky
outcrops.
Wet Grassland
and Shrubland.
660–2,950 ft
(200–900 m).
98–197 in (250–
500 cm).
older, weathered soils to
younger, rocky substrates.
The physical or biological features
identified in this proposed rule take into
consideration the ecosystem types in
which each species occurs, as described
above, and also reflect a distribution
that we believe is essential to achieving
the species’ recovery needs within those
ecosystems. We considered the current
population status of each species, to the
extent it is known, and assessed its
status relative to the recovery objectives
for that species, in terms of population
goals (numbers of populations and
individuals in each population, which
contributes to population resiliency)
and distribution (whether the species
occurs in habitats representative of its
historic geographical and ecological
distribution, and are sufficiently
redundant to withstand the loss of some
populations over time). This assessment
informed us as to whether the species
requires space for population growth
and expansion in areas occupied at the
time of listing, or whether additional
areas unoccupied at the time of listing
may be required for the reestablishment
of populations to achieve conservation.
Some of the species addressed in this
proposed rule occur in more than one
ecosystem. The physical or biological
features for these species are described
separately for each ecosystem in which
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Canopy
Subcanopy
Understory
Acacia, Colubrina,
Diospyros, Erythrina,
Melicope,
Metrosideros,
Myoporum, Myrsine,
Sophora.
Acacia, Antidesma,
Charpentiera,
Chrysodracon,
Metrosideros, Myrsine,
Nestegis, Pisonia,
Santalum.
Achyranthes, Euphorbia,
Leptecophylla,
Nototrichium.
Dodonaea, Doryopteris,
Heteropogon, Pellaea.
Coprosma, Freycinetia,
Leptecophylla,
Myoporum, Pipturus,
Rubus, Sadleria,
Sophora.
Ctenitis, Doodia,
Dryopteris, Pelea,
Sadleria.
Acacia, Antidesma,
Cibotium, Clermontia,
Cheirodendron, Ilex,
Coprosma, Cyanea,
Melicope,
Freycinetia, HydranMetrosideros, Myrsine,
gea, Vaccinium.
Pittosporum,
Psychotria.
Coprosma,
Dodonaea, Dubautia,
Metrosideros, Wilkesia.
Leptecophylla,
Osteomeles, Sadleria,
Vaccinium.
Ilex, Kadua, Melicope,
Metrosideros, Myrsine.
they occur. The reasoning behind this
approach is that each species requires a
different suite of environmental
conditions depending upon the
ecosystem in which it occurs. For
example, Cyrtandra nanawaleensis will
occur in association with different
native plant species, depending on the
mesic forest, wet forest, or mesic
grassland and shrubland ecosystem type
where it is found. Each of the physical
or biological features described in each
ecosystem in which the species occurs
are essential to the conservation of the
species, which includes the ability to
support the geographical and ecological
distribution across the different
ecosystem types where the species
occurs. Each physical or biological
feature is also essential to retaining the
genetic representation that allows this
species to successfully adapt to different
environmental conditions in various
native ecosystems. Although some of
these species occur in multiple native
ecosystems, their declining abundance
in the face of ongoing threats, such as
increasing numbers of nonnative plant
competitors, indicates that they are not
such broad habitat generalists as to be
able to persist in highly altered habitats.
Based on an analysis of the best
available scientific information,
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Cibotium, Clermontia,
Dubautia, Freycinetia,
Hydrangea, Lobelia,
Pipturus, Touchardia,
Urera, Vaccinium.
Adenophorus, Cibotium,
Cyrtandra,
Dicranopteris,
Huperzia, Peperomia,
Stenogyne.
Bidens, Carex,
Deschampsia,
Dicranopteris,
Dryopteris, Eragrostis,
Euphorbia,
Lipochaeta.
Carex, Cladium,
Deschampsia,
Dicranopteris,
Eragrostis,
Peperomia,
Phyllostegia,
Scaevola.
functioning native ecosystems provide
the fundamental biological requirements
for the narrow-range, island-endemic
species that are addressed in this
proposed rule.
Some examples may help to clarify
our approach to describing the physical
or biological features for each species.
To understand the physical or biological
features for the plant Bidens
hillebrandiana ssp. hillebrandiana, for
example, we first look at table 1 and see
that B. hillebrandiana ssp.
hillebrandiana depends on the coastal
ecosystem. Table 2 indicates that the
physical or biological features in the
coastal ecosystem include elevations of
less than 980 ft (300 m); annual
precipitation ranges from less than 47 in
(120 cm) to more than 98 in (250 cm);
well-drained talus, calcareous slopes,
and dunes; and contain one or more
genera of the subcanopy and understory
plants Chenopodium, Eragrostis,
Gossypium, Heliotropium, Santalum,
Scaevola, Sesuvium, Sida, and
Sporobolus, and one or more of the
genera of the canopy species Diospyros,
Metrosideros, Myoporum, and
Pritchardia. The specific physical or
biological features for B. hillebrandiana
ssp. hillebrandiana are intrinsically tied
to the coastal ecosystem. The physical
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or biological features of the coastal
ecosystem best approximate the
physical or biological features for B.
hillebrandiana ssp. hillebrandiana.
Thus, we use the physical and
biological features provided in the
ecosystem in which B. hillebrandiana
ssp. hillebrandiana is found as the
physical and biological features for B.
hillebrandiana ssp. hillebrandiana.
As another example, table 1 indicates
the physical or biological features for
the plant Phyllostegia floribunda
include the ecosystem-level physical or
biological features for the mesic forest,
wet forest, and wet grassland and
shrubland ecosystems. The physical or
biological features for P. floribunda are
thus composed of the physical or
biological features for each of the three
ecosystems it occupies, as described in
table 2 for the mesic forest, wet forest,
and wet shrubland and grassland
ecosystems. Table 1 is read in a similar
fashion in conjunction with table 2 to
describe the physical or biological
features for each of the 12 species for
which we are proposing critical habitat.
Special Management Considerations or
Protection
When designating critical habitat, we
assess whether the specific areas within
the geographical area occupied by the
species at the time of listing contain
features which are essential to the
conservation of the species and which
may require special management
considerations or protection. The
following discussion of special
management needs is applicable to each
of the 12 species on the island of
Hawai1i for which we are designating
critical habitat.
For the 11 plant species and
Drosophila digressa, we have
determined that the features essential to
their conservation are those required for
the successful functioning of the
ecosystem in which they occur (see
tables 1 and 2, above); conversely,
threats that act at the ecosystem level
also act at the species level. Special
management considerations or
protections may be required throughout
the critical habitat areas proposed for
designation here to avoid further
degradation or destruction of the
physical or biological features essential
to the 12 species’ conservation. Habitat
degradation, including trampling and
herbivory by introduced ungulates, fire,
drought, and habitat modification by
invasive plants, are the greatest threats
to these 12 species, and these threats act
at the ecosystem level. Threats specific
to Drosophila digressa habitat include
loss or lack of host plants from
ungulates, drought, fire, alteration of
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microclimate by invasive plants or the
plant disease referred to as rapid 1o¯hi1a
death (ROD), (78 FR 64638, October 29,
2013; Service 2021f, pp. 21–23). Some
of these threats may be addressed by
special management considerations or
protection, while others (e.g., sea level
rise, hurricanes, drought, volcanic
eruption) are beyond the control of
landowners and managers. For a more
detailed description of threats, please
see the proposed listing rule (77 FR
63928, October 17, 2012, pp. 63941–
63974), the final listing rule (78 FR
64638, October 29, 2013, pp. 64653–
64686), and the draft recovery plan
(Service 2022a, entire).
While the 12 species share many
threats, impacts to individual species
and the actions needed to eliminate or
manage the threats may differ. Special
management considerations or
protections may thus be needed within
critical habitat areas to address the
threats for each of the 12 species.
Management activities that could
minimize or ameliorate these threats
include, but are not limited to, ungulate
removal and exclusion fencing; control
or eradication of significant habitatmodifying, invasive plants; fire
management planning and wildfire
response; and measures to reduce of the
spread of rapid 1o¯hi1a death (ROD) and
other plant pathogens. Management
activities that could minimize or
ameliorate threats specific to Drosophila
digressa include control measures to
reduce and eradicate invasive
invertebrates, such as wasps and ants.
These management actions would result
in the protection of areas providing
habitat for the 12 species.
Criteria Used To Identify Critical
Habitat
As required by section 4(b)(2) of the
Act, we use the best scientific data
available to designate critical habitat. In
accordance with the Act and our
implementing regulations at 50 CFR
424.12(b), we review available
information pertaining to the habitat
requirements of the species and identify
specific areas within the geographical
area occupied by the species at the time
of listing and any specific areas outside
the geographical area occupied by the
species to be considered for designation
as critical habitat. For each of the 12
species for which we are proposing
critical habitat, except Schiedea
hawaiiensis, we are proposing to
designate critical habitat in areas within
the geographical area occupied by the
species at the time of listing. For Bidens
hillebrandiana ssp. hillebrandiana,
Cyanea marksii, and Cyrtandra
nanawaleensis, we are not proposing to
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designate any areas outside the
geographical area occupied by the
species because we have not identified
any unoccupied areas that meet the
definition of critical habitat for these
species; no unoccupied areas had at
least one physical or biological features
essential to the conservation of the
species and a reasonable certainty of
contributing to conservation.
We are proposing to designate specific
areas outside the geographical area
occupied by the species at the time of
its listing for nine species. For eight of
these species, we are also proposing to
designate critical habitat based on
occupancy at the time of listing
(Drosophila digressa, Cyanea
tritomantha, Cyrtandra wagneri,
Melicope remyi, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, Stenogyne
cranwelliae). We are not proposing any
occupied areas a critical habitat for the
ninth species, Schiedea hawaiiensis. For
Schiedea hawaiiensis, we are proposing
to designate only unoccupied critical
habitat because the single area known to
be occupied by the species at the time
of listing is exempted from designation
(see Exemptions, below, for more
information) and the amount of
occupied areas were determined to be
inadequate to ensure conservation of the
species. All other proposed unoccupied
critical habitat areas overlap entirely
with a geographical area for which we
are proposing occupied critical habitat
for at least 1 of the other 12 species. The
proposed unoccupied critical habitat for
Schiedea hawaiiensis, however, has no
overlap in geographic occurrence with
the other species addressed in this
proposed rule.
We propose to designate areas outside
the geographical area occupied by these
species (Drosophila digressa, Cyanea
tritomantha, Cyrtandra wagneri,
Melicope remyi, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, Stenogyne
cranwelliae, and Schiedea hawaiiensis)
due to small population sizes, few
individuals, or reduced geographic
range, which make these species
vulnerable to stochastic events. Many of
these species are so rare in the wild that
they are at a high risk of extirpation or
even extinction from various events,
such as hurricanes or landslides.
Therefore, supporting resilience and
redundancy in these species through the
establishment of multiple, robust
populations is a key component of
conservation of the species (Service
2022a, pp. 29–30, 35, 39, 48–49). A
designation limited to occupied areas
would be inadequate to ensure the
conservation of these species. Areas that
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may have been unoccupied at the time
of listing, together with areas occupied
at the time of listing, are reasonably
certain to provide some or all of the
habitat necessary for the expansion of
existing wild populations and
reestablishment of wild populations
within the historical range of the species
to achieve a level that could approach
recovery. The best available scientific
information suggests that the
ecosystems in the unoccupied areas in
which we are proposing critical habitat
provide one or more of the physical or
biological features that support lifehistory requirements of these nine
species, and thus these unoccupied
areas are considered habitat for the
conservation of these nine species.
These areas support recovery in the case
of stochastic events that otherwise have
potential to eliminate a species from the
one, or more, of the locations where it
is currently found. We find, therefore,
that designation of these unoccupied
areas as critical habitat is essential for
the conservation of the species.
Designating unoccupied areas as critical
habitat for these species also promotes
conservation actions to restore their
historical, geographical, and ecological
representation, necessary for their
recovery.
In this proposed rule, we propose
critical habitat for 12 species in 20
distinct areas that include 40 critical
habitat units, with animal and plant
units identified separately. Each
proposed critical habitat unit contains
all or some of the physical or biological
features essential to the conservation of
those individual species that occupy
that particular unit, or areas essential for
the conservation of those species
identified that do not presently occupy
that particular unit. The proposed
critical habitat for all species includes
the functioning ecosystems on which
they depend; thus, for those species
with life-history requirements that can
be supported in multiple ecosystem
types, we have identified areas of
critical habitat in multiple ecosystem
types. For example, the plant Cyrtandra
nanawaleensis is found in multiple
critical habitat units across three
ecosystem types: mesic forest, mesic
grassland and shrubland, and wet forest.
Because we have determined that the
features essential to the conservation of
the 12 species are those required for the
successful functioning of the ecosystems
in which they respectively occur, we
grouped species by the commonly
shared ecosystem type to delineate
critical habitat units. We used similar
methods to identify critical habitat unit
boundaries for nine plant species:
Cyanea marksii, Cyanea tritomantha,
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Cyrtandra nanawaleensis, Cyrtandra
wagneri, Melicope remyi, Phyllostegia
floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, and
Stenogyne cranwelliae. These nine
species were considered together
because spatial data used for delineating
critical habitat are similar among these
species, and these species all occur
within mesic to wet ecosystems,
whereas the remaining two plant
species do not (see table 1, above). We
considered each species separately
within their shared dependence on the
functioning ecosystems they have in
common. We used separate methods to
identify critical habitat unit boundaries
for each of the remaining three species:
Bidens hillebrandiana ssp.
hillebrandiana, Schiedea hawaiiensis,
and Drosophila digressa. Bidens
hillebrandiana ssp. hillebrandiana and
Schiedea hawaiiensis each occur in an
ecosystem type not shared with any of
the other 12 species, and Drosophila
digressa was considered separately
because of differences in taxonomy and
life history from the plants. Critical
habitat boundaries for all species were
delineated to clearly depict and promote
conservation of these species by
identifying the functioning ecosystem
on which they depend. Ecosystem types
that support the species addressed here
but that do not form a contiguous area
are divided geographically into separate
units. In units consisting of multiple
ecosystem types, if a species’ physical
or biological features are provided by
one of the ecosystem types, we propose
to designate the entire area as critical
habitat for that species. We took this
approach because within these units,
ecosystem types are patchily distributed
at a relatively fine resolution,
intermingled, and can be dynamic on a
relatively short timescale in their
distribution within the critical habitat
area.
To delineate the proposed critical
habitat units, we relied on an overall
conservation strategy in which each of
the 12 species was considered
separately using a common approach for
9 plant species, and a separate approach
for the remaining 2 plant species and
Drosophila digressa. The goal of the
conservation strategy was to identify the
specific areas for each species that
provide essential physical or biological
features without which range-wide
resiliency, redundancy, and
representation could not be achieved.
The conservation strategy considered (1)
historical and current distribution of
each of the 12 species; (2) assessments
of resiliency, redundancy, and
representation for each species from the
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most recent species reports (Service
2021a–n); and (3) recovery planning
efforts (Service 2022a, entire). Some of
the proposed critical habitat for these 12
species overlies critical habitat already
designated for other species on the
island of Hawai1i.
In summary, we completed the
following basic steps to delineate
critical habitat (specific methods follow
below):
(1) We compiled the best scientific
data available on observations and
distributions of the 12 species that were
extant at the time of listing;
(2) We compiled all available location
and landcover data, including
ecosystem type, within the range of the
12 species;
(3) We identified areas containing the
physical or biological features that may
require special management
consideration or protection;
(4) We circumscribed boundaries of
potential critical habitat units based on
the above information; and
(5) We removed, to the extent
practicable, all areas that did not have
the specific physical or biological
feature components, and therefore are
not considered essential to the
conservation of one or more of these 12
species.
Based on these five steps, for areas
within and outside the geographic area
occupied by the species at the time of
listing, we delineated critical habitat
unit boundaries using the following
methods:
(1) Species observation and
distribution data sources: We obtained
observational and distributional data to
include in our Geographic Information
System database for each of the 12
species including the known locations
of the species from the Hawai1i
Biodiversity Mapping Program (HBMP)
database (HBMP 2010a, entire; HBMP
2010b, entire; HBMP 2010c, entire;
HBMP 2010d, entire; HBMP 2010e,
entire; HBMP 2010f, entire; HBMP
2010g, entire; HBMP 2010h, entire), the
Plant Extinction Prevention Program
database (PEPP 2021, unpublished), and
our own rare plant database. We also
obtained and compiled species
information from the plant database
housed at National Tropical Botanical
Garden (https://ntbg.org/database/
herbarium/). We used Hawai1i
Biodiversity Mapping Program’s
Geographic reference areas for the
Hawaiian Islands in conjunction with
known species’ location data (Kam
2017, p. 1; Hawai1i Rare Plant
Restoration Group 2020, p. 2). For
plants, we obtained and compiled
species range maps, as determined by
plant species ranges in the Hawaiian
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Islands (Price et al. 2012, entire), and
our own plant species range layer
adapted from Price et al. 2012 (Service
2022b–l, entire). For Drosophila
digressa, we created our own potential
species range layer using the U.S.
Geological Survey’s (USGS’s) Carbon
Assessment Landcover data of 2017 for
mesic and wet forest habitats (Selmants
et al. 2017, entire; Service 2021f) and
the known elevational range of the
species, which is between 2,000 to 4,500
ft (600 to 1,400 m). Lastly, we obtained
recent biological surveys and reports
and discussed that information with
qualified individuals familiar with these
12 species and their ecosystems.
We used current and historical
species distribution information to
develop initial critical habitat
boundaries in each of the six ecosystems
that would provide for the conservation
of the 12 species. The initial boundaries
were superimposed over digital
topographic maps of the island of
Hawai1i and further evaluated. In
general, land areas that were identified
as highly degraded were removed from
the proposed critical habitat units, and
natural or constructed features (e.g.,
ridge lines, valleys, streams, coastlines,
roads, lava flows, obvious land features,
etc.) were used to delineate the
proposed critical habitat boundaries.
(2) Identified areas containing
physical or biological features: We
obtained and compiled island-wide
elevation, annual precipitation, soil
substrate, and associated native plant
genera data sources (Gagne and Cuddihy
1999, pp. 45–114; LANDFIRE 2016, pp.
1177–1242; Ball et al. 2020, p. 2; Clark
et al. 2020, p. 2; Javar-Salas et al. 2020,
p. 2; Kim et al. 2020, p. 2; Lowe et al.
2020, pp. 2–7; Nelson et al. 2020, p. 3).
We evaluated areas currently occupied
by each species and whether they
contain the physical or biological
features essential to the conservation of
the species and which may require
special management considerations or
protection. We considered the degree to
which the physical or biological features
were present or absent in areas as an
indication of the successful functioning
of the habitat.
(3) Landcover and ecosystem data
sources: We obtained and compiled
landcover and ecosystem data from the
island-wide Geographic Information
System coverage including USGS
Carbon Assessment Landcover data of
2017 (Selmants et al. 2017, entire) and
ArcGIS Esri World Imagery of 2022 (Esri
2023, entire); 1:24,000 scale digital
raster graphics of USGS topographic
quadrangles; and geospatial data sets
associated with parcel data from Hawai1i
County (Hawaii Statewide GIS Program
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2013, entire). We evaluated areas
currently occupied by each species.
When a species occurs in more than one
ecosystem type, we include the full
range of ecosystem types within that
species’ range. For example,
Phyllostegia floribunda is known from
three of the six ecosystem types
addressed in this proposed rule: mesic
forest, wet forest, and wet grassland and
shrubland ecosystem types.
(4) Circumscribed boundaries of
potential critical habitat units: We
considered several factors in the
selection of specific boundaries for
critical habitat for the 12 species. We
determined critical habitat unit
boundaries taking into consideration the
information on known past and present
locations of the species, landcover and
ecosystem data sources by USGS Carbon
Assessment Landcover Data (Selmants
et al. 2017, entire), recovery areas
described by the species’ draft recovery
plan, projections of geographic ranges of
Hawaiian plant species and Drosophila
digressa (Price et al. 2012, entire;
Service 2021f, entire; Service 2022b–l,
entire), and adequate habitat to allow for
increases in numbers of individuals and
for expansion of populations to provide
for the minimum numbers required to
reach delisting goals (as described in the
draft recovery plan (Service 2022a,
entire)). Critical habitat boundaries for
all species were delineated to promote
the conservation of these species by
identifying the functioning ecosystems
on which they depend.
(5) Removed areas lacking the
identified physical or biological
features: When determining proposed
critical habitat boundaries, we made
every effort to avoid including
developed areas such as lands covered
by buildings, pavement, and other
structures because such lands lack the
physical or biological features necessary
for these 12 species. The scale of the
maps we prepared under the parameters
for publication within the Code of
Federal Regulations (CFR) may not
reflect the exclusion of such developed
lands. Any such lands inadvertently left
inside critical habitat boundaries shown
on the maps of this proposed rule have
been excluded by text in the proposed
rule and are not proposed for
designation as critical habitat.
Therefore, if the critical habitat
designations are finalized as proposed,
a Federal action involving these lands
would not trigger section 7 consultation
with respect to critical habitat and the
requirement of no adverse modification
unless the specific action would affect
the identified physical or biological
features in the critical habitat units.
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We propose to designate as critical
habitat lands that we have determined
are occupied at the time of listing and
that contain one or more of the physical
or biological features that are essential
to support life-history processes of the
species. We have determined that
occupied areas are inadequate to ensure
the conservation of the species.
Therefore, we have also identified, and
propose for designation as critical
habitat, unoccupied areas that are
essential for the conservation of nine of
the species (see Proposed Critical
Habitat Designation, below).
Units are proposed for designation
based on one or more of the physical or
biological features being present to
support the life-history processes for 1
or more of the 12 species for which we
propose critical habitat. Some units
contain all of the identified physical or
biological features and support multiple
life-history processes. Some units
contain only some elements of the
physical or biological features necessary
to support the species’ particular use of
that habitat.
The proposed critical habitat
designation is defined by the map or
maps, as modified by any accompanying
regulatory text, presented at the end of
this document under Proposed
Regulation Promulgation. We include
more detailed information on the
boundaries of the critical habitat
designation in the preamble of this
document. We will make the
coordinates or plot points or both on
which each map is based available to
the public on https://
www.regulations.gov at Docket No.
FWS–R1–ES–2023–0017.
Proposed Critical Habitat Designation
We are proposing approximately
122,277 ac (49,484 ha) as critical habitat
in 20 distinct areas that include 40
critical habitat units, with 9 animal and
31 plant units identified separately, for
Drosophila digressa, Bidens
hillebrandiana ssp. hillebrandiana,
Cyanea marksii, Cyanea tritomantha,
Cyrtandra nanawaleensis, Cyrtandra
wagneri, Melicope remyi, Phyllostegia
floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, Schiedea
hawaiiensis, and Stenogyne cranwelliae.
The critical habitat areas we describe
below constitute our current best
assessment of areas that meet the
definition of critical habitat for each
species. Table 3 shows the proposed
critical habitat units and the
approximate area of each unit by
landowner type.
Within the 20 distinct areas, areas of
proposed critical habitat for Drosophila
digressa are described as 9 sequential
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numbered units, whereas areas of
proposed critical habitat for plants are
described as 19 sequential numbered
sections that are then split into 1 or
more units, based on whether they
overlap with existing designated critical
habitat for other plant species on the
island of Hawai1i. Some of the proposed
critical habitat for Drosophila digressa
overlays critical habitat already
proposed or designated for plant
species; however, critical habitat
designations for wildlife species at 50
CFR 17.95 are organized differently than
critical habitat designations for plant
species on the island of Hawai1i at 50
CFR 17.99. Therefore, the proposed
critical habitat for Drosophila digressa
stands alone and is not incorporated
into, or presented to address, any
existing critical habitat units for other
species. Areas of a section that overlay
existing Hawaiian plant critical habitat
units are assigned to that existing
critical habitat unit name. Areas of a
section that do not overlay existing
Hawaiian plant critical habitat are
assigned a sequential new critical
habitat unit number. This distinction
between existing and newly proposed
critical habitat areas is necessary in
order to be consistent with the critical
habitat unit numbering system we
established earlier for plants on the
island of Hawai1i (see 50 CFR 17.99(k)).
We provide the critical habitat section
numbers, where applicable, as well as
unit numbers and the corresponding
map numbers that would appear at 50
CFR 17.99 if we adopt this rule as
proposed for ease of reference in the
CFR. All units in the proposed
designation, with the exception of Unit
55 within Schiedea hawaiiensis—
Section 19, are considered occupied at
the time of listing (see 78 FR 64638;
October 29, 2013) by 1 or more of the
12 species for which we are proposing
critical habitat (table 4). Of the 20
distinct areas for which critical habitat
is proposed, 13 include animal units or
plant sections that are both occupied
and unoccupied for 2 or more of the 12
Hawai1i island species.
The areas we propose as critical
habitat are located in six ecosystem
types: (1) coastal, (2) dry forest, (3)
mesic forest, (4) wet forest, (5) mesic
grassland and shrubland, and (6) wet
grassland and shrubland. Critical habitat
designations for plants and animals are
published in separate sections of the
CFR; however, the proposed critical
habitat for the 11 plants and Drosophila
digressa overlap each other in many
areas on the island of Hawai1i. For
example, ‘‘Cyanea tritomantha,
Cyrtandra wagneri, Melicope remyi,
Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae—
Section 1’’ and ‘‘Drosophila digressa—
Unit 1’’ overlap entirely within the same
geographic area. Therefore, because the
section and unit boundaries are the
same, we describe them together to
avoid redundancy and reduce
publication costs for this proposed rule,
as indicated by ‘‘and’’ following the
section name in the following headings.
TABLE 3—PROPOSED CRITICAL HABITAT UNITS BY ECOSYSTEM, LAND OWNERSHIP, AND SIZE
[Area estimates reflect all land within critical habitat unit boundaries]
Animal unit
Plant section
Plant unit
Federal
(ac (ha))
State
(ac (ha))
Private/other
(ac (ha))
Total
(ac (ha))
ddrumheller on DSK120RN23PROD with PROPOSALS3
Wet Forest
Drosophila
digressa—Unit 1.
Cyanea tritomantha, Cyrtandra
wagneri, Melicope remyi,
Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae—
Section 1.
Unit 3 ..............
Unit 52 ............
3,550 (1,436)
548 (222)
7,962 (3,222)
2,682 (1,085)
547 (221)
984 (398)
12,059 (4,880)
4,213 (1,705)
Subtotal ...........
Drosophila
digressa—Unit 7.
...............................................................
Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae—Section 4.
.........................
Unit 15 ............
Unit 39 ............
4,097 (1,658)
..............................
..............................
10,644 (4,307)
182 (73)
1,021 (413)
1,531 (619)
..............................
144 (58)
16,272 (6,585)
182 (73)
1,164 (471)
Subtotal ...........
Drosophila
digressa—Unit 8.
...............................................................
Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae—Section 5.
.........................
Unit 15 ............
Unit 38 ............
..............................
..............................
..............................
1,202 (486)
55 (22)
298 (121)
144 (58)
72 (29)
236 (95)
1,346 (545)
127 (51)
534 (216)
Subtotal ...........
Drosophila
digressa—Unit 6.
...............................................................
Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae—Section 6.
.........................
Unit 16 ............
Unit 40 ............
..............................
..............................
..............................
353 (143)
156 (63)
1,239 (501)
308 (125)
..............................
4 (2)
661 (267)
156 (63)
1,243 (503)
Subtotal ...........
Drosophila
digressa—Unit 2.
...............................................................
Cyanea tritomantha, Cyrtandra
wagneri, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, Stenogyne
cranwelliae—Section 11.
.........................
Unit 29 ............
Unit 30 ............
Unit 51 ............
..............................
..............................
7,235 (2,928)
643 (260)
1,395 (565)
494 (200)
6,498 (2,630)
16,906 (6,841)
4 (2)
..............................
..............................
316 (128)
1,399 (566)
494 (200)
13,732 (5,557)
17,865 (7,230)
Subtotal ...........
Drosophila
digressa—Unit 9.
...............................................................
Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae—Section 12.
.........................
Unit 37 ............
7,877 (3,188)
1,906 (771)
23,898 (9,671)
..............................
316 (128)
<1 (<1)
32,091 (12,987)
1,906 (771)
Subtotal ...........
...............................................................
.........................
1,906 (771)
..............................
<1 (<1)
1,906 (771)
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TABLE 3—PROPOSED CRITICAL HABITAT UNITS BY ECOSYSTEM, LAND OWNERSHIP, AND SIZE—Continued
[Area estimates reflect all land within critical habitat unit boundaries]
Plant unit
Federal
(ac (ha))
Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae—Section 13.
Unit 41 ............
..............................
411 (166)
3,001 (1,214)
3,412 (1,381)
Subtotal ...........
...............................................................
Cyrtandra nanawaleensis—Section 15
.........................
Unit 47 ............
..............................
..............................
411 (166)
274 (111)
3,001 (1,214)
..............................
3,412 (1,381)
274 (111)
Subtotal ...........
...............................................................
Cyrtandra nanawaleensis—Section 16
.........................
Unit 48 ............
..............................
..............................
274 (111)
582 (235)
..............................
7 (3)
274 (111)
589 (238)
Subtotal ...........
...............................................................
.........................
..............................
582 (235)
7 (3)
589 (238)
Animal unit
Plant section
Drosophila
digressa—Unit 5.
State
(ac (ha))
Private/other
(ac (ha))
Total
(ac (ha))
Mesic Coastal
Subtotal ...........
Bidens hillebrandiana ssp.
hillebrandiana—Section 2.
Unit 6 ..............
Unit 53 ............
..............................
..............................
2 (1)
80 (33)
..............................
245 (99)
2 (1)
325 (132)
...............................................................
.........................
..............................
82 (33)
245 (99)
327 (132)
Wet Forest and Wet Grassland and Shrubland
Cyanea tritomantha, Melicope remyi,
Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae—
Section 3.
Unit 8 ..............
Unit 9 ..............
Unit 54 ............
..............................
..............................
..............................
6,805 (2,754)
<1 (<1)
5,913 (2,392)
..............................
1 (<1)
1,738 (703)
6,805 (2,754)
1 (<1)
7,651 (3,096)
Subtotal ...........
...............................................................
Cyrtandra wagneri, Phyllostegia floribunda, Pittosporum hawaiiense—
Section 7.
.........................
Unit 23 ............
Unit 45 ............
..............................
9 (4)
5,494 (2,223)
12,718 (5,147)
..............................
..............................
1,739 (704)
..............................
..............................
14,457 (5,851)
9 (4)
5,494 (2,223)
Subtotal ...........
...............................................................
Cyrtandra nanawaleensis, Cyrtandra
wagneri, Phyllostegia floribunda—
Section 10.
.........................
Unit 28 ............
Unit 46 ............
5,503 (2,227)
..............................
..............................
..............................
155 (63)
12,213 (4,942)
..............................
..............................
6 (2)
5,503 (2,227)
155 (63)
12,219 (4,945)
Subtotal ...........
...............................................................
.........................
..............................
12,368 (5,005)
6 (2)
12,374 (5,008)
Wet Forest and Mesic Forest
Cyanea tritomantha, Cyrtandra
wagneri, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae—Section 8.
Unit 24 ............
Unit 44 ............
1,956 (792)
318 (129)
125 (51)
5,439 (2,201)
..............................
649 (263)
2,081 (842)
6,406 (2,593)
Subtotal ...........
...............................................................
Cyrtandra wagneri, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae—
Section 9.
.........................
Unit 24 ............
Unit 43 ............
2,274 (920)
36 (14)
1,689 (683)
5,564 (2,252)
65 (26)
4,183 (1,693)
649 (263)
..............................
..............................
8,487 (3,435)
101 (41)
5,872 (2,376)
Subtotal ...........
Drosophila
digressa—Unit 3.
...............................................................
Cyanea tritomantha, Cyrtandra
wagneri, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, Stenogyne
cranwelliae—Section 14.
.........................
Unit 42 ............
1,725 (698)
8,769 (3,549)
4,248 (1,719)
12 (5)
..............................
..............................
5,973 (2,417)
8,781 (3,554)
Subtotal ...........
...............................................................
.........................
8,769 (3,549)
12 (5)
..............................
8,781 (3,554)
ddrumheller on DSK120RN23PROD with PROPOSALS3
Wet Forest, Mesic Forest, and Mesic Grassland and Shrubland
Subtotal ...........
Subtotal ...........
Cyrtandra nanawaleensis—Section 17
Unit 49 ............
..............................
875 (354)
1 (<1)
875 (354)
...............................................................
.........................
..............................
875 (354)
1 (<1)
875 (354)
Cyrtandra nanawaleensis—Section 18
Unit 50 ............
..............................
562 (227)
1 (<1)
562 (227)
...............................................................
.........................
..............................
562 (227)
1 (<1)
562 (227)
Dry Forest
Subtotal ...........
VerDate Sep<11>2014
Schiedea hawaiiensis—Section 19 .......
Unit 55 ............
..............................
6,822 (2,761)
..............................
6,822 (2,761)
...............................................................
.........................
..............................
6,822 (2,761)
..............................
6,822 (2,761)
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TABLE 3—PROPOSED CRITICAL HABITAT UNITS BY ECOSYSTEM, LAND OWNERSHIP, AND SIZE—Continued
[Area estimates reflect all land within critical habitat unit boundaries]
Animal unit
Plant section
Plant unit
Federal
(ac (ha))
State
(ac (ha))
Private/other
(ac (ha))
Total
(ac (ha))
Mesic Forest
Drosophila
digressa—Unit 4.
...............................................................
.........................
..............................
167 (67)
..............................
167 (67)
Subtotal ...........
...............................................................
.........................
..............................
167 (67)
..............................
167 (67)
Total .........
...............................................................
.........................
32,151 (13,011)
82,177 (33,256)
7,950 (3,217)
122,277 (49,484)
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Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Proposed Rules
18771
TABLE 5—PROPOSED CRITICAL HABITAT UNITS FOR DROSOPHILA DIGRESSA (PICTURE-WING FLY)
Critical habitat unit
Drosophila
Drosophila
Drosophila
Drosophila
digressa—Unit
digressa—Unit
digressa—Unit
digressa—Unit
Corresponding critical habitat map in the Code of Federal Regulations (CFR)
...............................
...............................
...............................
...............................
Unoccupied .................
Occupied .....................
Unoccupied .................
Occupied .....................
Drosophila
Drosophila
Drosophila
Drosophila
Drosophila digressa—Unit 5 ...............................
Unoccupied .................
Drosophila digressa—Hawai1i Island, HI—Unit 5, Unit 6, Unit 7, Unit
8, Unit 9.
Drosophila
Drosophila
Drosophila
Drosophila
Unoccupied.
Unoccupied.
Unoccupied.
Unoccupied.
digressa—Unit
digressa—Unit
digressa—Unit
digressa—Unit
1
2
3
4
Occupied/unoccupied
6
7
8
9
...............................
...............................
...............................
...............................
We present brief descriptions of all
units, and reasons why they meet the
definition of critical habitat, for each of
the 12 Hawai1i Island species, below.
Descriptions of Proposed Critical
Habitat
We describe each section and unit
separately, below, but first describe the
common rationale for proposing areas of
critical habitat as occupied and/or
unoccupied critical habitat. All areas
that are proposed as occupied habitat
for a species are important for that
species because these areas are either
the last or one of the last remaining
areas inhabited by the species and they
meet the definition of critical habitat,
making these areas necessary for
maintaining the redundancy and
representation for the species’
conservation. This is the case for all
sections and units, with the exception of
Schiedea hawaiiensis—Section 19,
which is proposed critical habitat, but is
not currently occupied habitat for any of
the 12 species. We note which areas are
the last remaining area known to be
inhabited by a species.
We analyzed whether occupied areas
were adequate for the conservation of
each of the 12 species based on
digressa—Hawai1i
digressa—Hawai1i
digressa—Hawai1i
digressa—Hawai1i
conservation goals within the recovery
plan (Service 2022a, entire). Occupied
areas were not able to provide the space
needed to meet the target number of
reproductive populations and
individuals for any of the 12 species,
but for three species, no other areas
containing physical or biological
features are known, leaving nine species
(Drosophila digressa, Cyanea
tritomantha, Cyrtandra wagneri,
Melicope remyi, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, Stenogyne
cranwelliae, and Schiedea hawaiiensis)
for which additional areas containing at
least one physical or biological feature
essential to the conservation of the
species are known. We have determined
that all areas of unoccupied habitat that
are proposed critical habitat for these
species are essential for the
conservation of these species because
(1) they provide one or more of the
physical or biological features necessary
for the reestablishment of wild
populations within their range, and (2)
we have reasonable certainty that these
areas will contribute to the conservation
of the species by contributing to the
areas needed to support the numbers of
populations and reproducing
Island,
Island,
Island,
Island,
HI—Unit
HI—Unit
HI—Unit
HI—Unit
1.
2.
3.
4.
individuals needed for recovery, thus
helping to ensure resiliency,
redundancy, and representation needed
for conservation of these species. The
establishment of multiple (redundancy),
robust populations is a key component
of conservation of these species (Service
2022a, pp. 29–30, 35, 39, 48–49). Due to
the small numbers of individuals of
each of these species, they require
suitable habitat and space for expansion
or introduction to achieve population
levels that could approach recovery.
Designating unoccupied areas as critical
habitat for these species also supports
recovery by allowing the habitat needed
to establish additional populations able
to withstand environmental
stochasticity (resiliency) that otherwise
has potential to eliminate a species from
the one, or more, of the locations where
it is currently found. Designating these
unoccupied areas as critical habitat also
promotes conservation actions to restore
their historical, geographical, and
ecological representation
(representation), necessary for their
recovery. For ease of reading and space
efficiency, after first use of the full name
of a plant section, we will refer to it by
its section number only.
TABLE 6—LAND USE, THREATS TO HABITAT, AND POTENTIAL SPECIAL MANAGEMENT CONSIDERATIONS FOR CRITICAL
HABITAT UNITS DESIGNATED FOR THE 12 HAWAI1I ISLAND SPECIES
ddrumheller on DSK120RN23PROD with PROPOSALS3
Plant section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
1 ...........................
2 ...........................
3 ...........................
4 ...........................
5 ...........................
6 ...........................
7 ...........................
8 ...........................
9 ...........................
10 .........................
11 .........................
12 .........................
Section 13 .........................
Section 14 .........................
VerDate Sep<11>2014
Drosophila unit
General land use
Unit 1 .................................
...........................................
...........................................
Unit 7 .................................
Unit 8 .................................
Unit 6 .................................
...........................................
...........................................
...........................................
...........................................
Unit 2 .................................
Unit 9 .................................
Unit 4 .................................
Unit 5 .................................
Unit 3 .................................
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A,
A,
A,
A,
A,
A,
A,
A,
A,
A,
A,
A,
A,
A,
A,
B,
B,
B,
B,
B,
B,
B,
E,
E,
B,
B,
B,
B,
B,
E,
Frm 00017
Threats
C, D, E, F, G ............
C, D, E, F, H ............
C, D, E, F, H ............
C, D, E, F, H ............
C, D, E, F, H ............
C, D, E, F, H ............
C, D, F, H ................
F, G, H, I, J, K, L .....
F, H, I, J ...................
C, D, E, F, G, H, M ..
C, D, E, F, H, K, N ..
C, D, F, H ................
C, D, E, F, H ............
C, D, E, F, G, H .......
F, H, I, J ...................
Fmt 4701
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O,
O,
O,
O,
O,
O,
O,
O,
O,
O,
O,
O,
O,
O,
O,
P,
P,
P,
P,
P,
P,
P,
P,
P,
P,
P,
P,
P,
P,
P,
Special management
Q ..............................
Q, R .........................
Q, R .........................
Q, R .........................
Q, R .........................
Q, R .........................
Q, R .........................
Q ..............................
Q, R .........................
Q, R .........................
Q, R .........................
Q, R .........................
Q, R .........................
Q, R .........................
Q, R .........................
E:\FR\FM\29MRP3.SGM
29MRP3
S,
S,
S,
S,
S,
S,
S,
S,
S,
S,
S,
S,
S,
S,
S,
T,
T,
T,
T,
T,
T,
T,
T.
T,
T,
T,
T,
T,
T,
T,
U.
U.
U.
U.
U.
U.
U.
U.
U.
U.
U.
U.
U.
U.
18772
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TABLE 6—LAND USE, THREATS TO HABITAT, AND POTENTIAL SPECIAL MANAGEMENT CONSIDERATIONS FOR CRITICAL
HABITAT UNITS DESIGNATED FOR THE 12 HAWAI1I ISLAND SPECIES—Continued
Plant section
Section
Section
Section
Section
Section
15
16
17
18
19
.........................
.........................
.........................
.........................
.........................
Drosophila unit
...........................................
...........................................
...........................................
...........................................
...........................................
Definition of Codes Used in Table 6
ddrumheller on DSK120RN23PROD with PROPOSALS3
General land use:
(A) Watershed protection
(B) Ungulate and invasive plant control
(C) Natural resource monitoring
(D) Rare species protection and research
(E) Public hunting
(F) Public use and recreation
(G) Education and outreach
(H) Fire control
(I) Natural resource conservation including
monitoring invasive plants and animals
(J) Enhancement of native rare plant
resources
(K) Cultural uses
(L) Personal gathering
(M) Public use including traditional and
customary rights of Native Hawaiians
(N) Timber management
Threats:
(O) Habitat degradation due to rooting by
feral ungulates
(P) Intrusion of ecosystem altering invasive
plants
(Q) Changes in canopy cover due to plant
disease
(R) Fire
Special management considerations (see
Special Management Considerations or
Protection, in text above for additional
detail):
(S) Feral ungulate control
(T Measures to control spread of invasive
plants
(U) Fire management planning and wildfire
response
Cyanea tritomantha, Cyrtandra wagneri,
Melicope remyi, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, Stenogyne
cranwelliae—Section 1 and Drosophila
digressa—Unit 1
Section 1 and Drosophila digressa—
Unit 1 consist of wet forest ecosystem
¯ 1o¯kala to Maulua Nui on the
from 1O
northeastern slope of Maunakea. Lands
within this section and unit include
approximately 25 percent in Federal
ownership, 65 percent in State
ownership, and 9 percent in private/
other ownership (see table 3, above).
Section 1 is comprised of two units:
VerDate Sep<11>2014
General land use
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A,
A,
A,
A,
A,
B,
B,
B,
B,
B,
C,
C,
C,
C,
C,
D,
D,
D,
D,
D,
E,
E,
E,
E,
E,
F,
F,
F,
F,
F,
N
N
N
N
H
Threats
............
............
............
............
............
O,
O,
O,
O,
O,
P,
P,
P,
P,
P,
Q,
Q,
Q,
Q,
Q,
Unit 3 is a critical habitat unit within
unit Hawaii 3 (see 50 CFR 17.99(k)(10)
through (14)), which was previously
designated for other plant species; and
Unit 52 is a newly proposed critical
habitat unit depicted on Map 119. All
State-owned lands in this section and
unit are managed by the State of Hawaii
as part of the Hilo Forest Reserve
Humu1ula, Laupa¯hoehoe, and Pı¯ha¯
Sections; the Laupa¯hoehoe Natural Area
Reserve; and the Manowaiale1e Forest
Reserve. All Federal lands in this
section and unit are managed by the
Service within Hakalau Forest National
Wildlife Refuge, Hakalau Forest Unit.
For general land use, threats, and
special management considerations or
protection measures to reduce or
alleviate the threats identified within
this section and unit, see table 6, above
(DLNR–DOFAW 2022, entire; DLNR and
USDA 2016, p. 4; Service 2010, pp. 1–
13, 1–33–1–34; Stewart 2010, entire).
The State lands within this section and
unit are managed under the
Laupa¯hoehoe Forest Management Plan
(DLNR and USDA 2016, entire) and the
Mauna Kea Watershed Management
Plan (Stewart 2010, entire). The Federal
lands within this section and unit are
managed under the Hakalau Forest
National Wildlife Refuge
Comprehensive Conservation Plan
(Service 2010, pp. 2–20–2–40) and the
Mauna Kea Watershed Management
Plan (Stewart 2010, entire).
Section 1 is occupied by the plants
Cyanea tritomantha, Cyrtandra wagneri,
Melicope remyi, Phyllostegia floribunda,
and Stenogyne cranwelliae. This section
and unit include the wet forest, the
moisture regime, and canopy,
subcanopy, and understory native plant
species identified as the physical or
biological features in the wet forest
ecosystem. Section 1 is important
because it has the last remaining areas
inhabited by Cyrtandra wagneri and
PO 00000
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R
R
R
R
R
Special management
.........................
.........................
.........................
.........................
.........................
S,
S,
S,
S,
S,
T,
T,
T,
T,
T,
U.
U.
U.
U.
U.
Melicope remyi, and one of the last
remaining areas inhabited by Cyanea
tritomantha, Phyllostegia floribunda,
and Stenogyne cranwelliae, making it an
essential area for maintaining the
redundancy and representation
necessary for species’ conservation.
Although Section 1 is not known to be
occupied by the plants Pittosporum
hawaiiense and Schiedea diffusa ssp.
macraei, and Drosophila digressa—Unit
1 is not known to be occupied by
Drosophila digressa, this section and
unit contain unoccupied habitat that is
essential for the conservation of these
species because they (1) are habitat for
these species, (2) provide at least one
the physical or biological features
essential for the conservation of each of
these species, and (3) contribute to the
area of habitat needed to reestablish
wild populations within their range in
support of recovery criteria for each of
these species. For recovery, each plant
species needs at least 10 populations,
with at least 400 reproducing
individuals per population for
Pittosporum hawaiiense and 500
reproducing individuals per population
for Schiedea diffusa ssp. macraei
(Service 2022a, p. 43–44). Drosophila
digressa needs at least 10 stable
populations for recovery (Service 2022a,
p. 49). Therefore, we are reasonably
certain that this section and unit will
contribute to the conservation of these
species and that this section and unit
contain one or more of the physical or
biological features that are essential to
the conservation of these species.
Approximately 12,059 ac (4,880 ha) of
this section and unit overlap designated
critical habitat for the federally
endangered plants Clermontia peleana,
Cyanea platyphylla, Cyrtandra giffardii,
Cyrtandra tintinnabula, and
Phyllostegia warshaueri (see 68 FR
39624; July 2, 2003).
E:\FR\FM\29MRP3.SGM
29MRP3
Bidens hillebrandiana ssp.
hillebrandiana—Section 2
Section 2 consists of coastal
ecosystem from Pololu¯ to Laupa¯hoehoe
Iki on the northeastern slope of Kohala
Mountain. Lands within this section
include approximately 25 percent in
State ownership and 75 percent in
private/other ownership (see table 3,
above). Section 2 is comprised of two
units: Unit 6 is a critical habitat unit
within unit Hawaii 6 (see 50 CFR
17.99(k)(25)), which was previously
designated for another plant species;
and Unit 53 is a newly proposed critical
habitat unit depicted on Map 120. All
State-owned lands in Section 2 are
managed by the State of Hawaii as part
of the Pololu¯ Section of the Kohala
Forest Reserve and the Pu1u o 1Umi
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Natural Area Reserve. The State lands
within this section are managed under
the Pu1u o 1Umi Management Plan
(DLNR–DOFAW 1989, entire) and
Kohala Mountain Watershed
Management Plan Draft (Kohala
Watershed Partnership [KWP] 2007,
entire). For general land use, threats,
and special management considerations
or protection measures to reduce or
alleviate the threats identified within
this section, see table 6, above (DLNR–
DOFAW 1989, entire; KWP 2007,
entire).
Section 2 is occupied by the plant
Bidens hillebrandiana ssp.
hillebrandiana and includes the coastal
habitat, the moisture regime, and
canopy, subcanopy, and understory
native plant species identified as the
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18773
physical or biological features in the
coastal ecosystem. This section is
especially important because it is the
last remaining area inhabited by the
species, which makes it an important
area for maintaining the redundancy
and representation necessary for
species’ conservation. Approximately 2
ac (1 ha) of this section overlaps
designated critical habitat for the
federally endangered plant
Nothocestrum breviflorum (see 68 FR
39624; July 2, 2003).
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Cyanea tritomantha, Melicope remyi,
Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae—
Section 3
Section 3 consists of wet forest and
wet grassland and shrubland ecosystems
from Kahua to Pu1ukapu on Kohala
Mountain. Lands within this section
include approximately 88 percent in
State ownership and 12 percent in
private/other ownership (see table 3,
above). Section 3 is comprised of three
units: Unit 8 and Unit 9 are critical
habitat units within unit Hawaii 8 and
unit Hawaii 9 (see 50 CFR 17.99(k)(27)
through (38)), which were previously
designated for other plant species; and
Unit 54 is a newly proposed critical
habitat unit depicted on Map 121. All
State-owned lands in this section are
managed by the State of Hawaii as part
of the Kohala Forest Reserve, Kohala
Watershed Forest Reserve, and Pu1u o
1Umi Natural Area Reserve. The State
lands within this section are managed
under the Pu1u o 1Umi Management Plan
(DLNR–DOFAW 1989, entire) and the
Kohala Mountain Watershed
Management Plan Draft (KWP 2007,
entire). For general land use, threats,
and special management considerations
or protection measures to reduce or
alleviate the threats identified within
this section, see table 6, above (DLNR–
DOFAW 1989, entire; KWP 2007,
entire).
Section 3 is occupied by the plants
Cyanea tritomantha, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, and Stenogyne cranwelliae,
and includes the wet forest and wet
grassland and shrubland ecosystems,
the moisture regime, and canopy,
subcanopy, and understory native plant
species identified as the physical or
biological features in the wet forest and
wet grassland and shrubland
ecosystems. Although Section 3 is not
known to be occupied by Melicope
remyi or Phyllostegia floribunda, this
section contains unoccupied habitat that
is essential for the conservation of these
species because they (1) are habitat for
these species, (2) provide at least one
the physical or biological features
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essential for the conservation of each of
these species, and (3) contribute to the
area of habitat needed to reestablish
wild populations within their range in
support of recovery criteria for each of
these species. For recovery, each species
needs at least 10 populations, with at
least 200 reproducing individuals per
population for Melicope remyi and at
least 500 reproducing individuals per
population for Phyllostegia floribunda
(Service 2022a, p. 43–44). Therefore, we
are reasonably certain that this section
will contribute to the conservation of
these species and that this section
contains one or more of the physical or
biological features that are essential to
the conservation of these species.
Approximately 6,938 ac (2,808 ha) of
this section overlaps designated critical
habitat for the federally endangered
plants Clermontia drepanomorpha,
Phyllostegia warshaueri, and
Achyranthes mutica (see 68 FR 39624;
July 2, 2003); and for the picture-wing
fly Drosophila ochrobasis Units 3
(Kohala Mountains East) and 4 (Kohala
Mountains West) (see 50 CFR 17.95(i)
and 73 FR 73795, December 4, 2008).
Cyanea marksii, Phyllostegia
floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae—Section 4 and
Drosophila digressa—Unit 7
Section 4 and Drosophila digressa—
Unit 7 consist of wet forest ecosystem
¯ lelomoana on the
from Kukuiopa1e to 1O
southwestern slopes of Mauna Loa.
Lands within this section and unit
include approximately 89 percent in
State ownership and 11 percent in
private/other ownership (see table 3,
above). Section 4 is comprised of two
units: Unit 15 is a critical habitat unit
within unit Hawaii 15 (see 50 CFR
17.99(k)(58) through (59)), which was
previously designated for another plant
species; and Unit 39 is a newly
proposed critical habitat unit depicted
on Map 108. All State-owned lands in
this section and unit are managed by the
State of Hawaii as part of the South
Kona Forest Reserve Kukuiopa1e
Section. The State lands within this
section and unit are managed under the
PO 00000
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Three Mountain Alliance Management
Plan (TMA 2007, entire). For general
land use, threats, and special
management considerations or
protection measures to reduce or
alleviate the threats identified within
this section and unit, see table 6, above
(TMA 2007, pp. 26–37; DLNR–DOFAW
2022, entire).
Section 4 is occupied by the plants
Cyanea marksii, Phyllostegia
floribunda, and Pittosporum
hawaiiense. This section and unit
include the wet forest, the moisture
regime, and canopy, subcanopy, and
understory native plant species
identified as the physical or biological
features in the wet forest ecosystem.
Although Section 4 is not known to be
occupied by the plants Schiedea diffusa
ssp. macraei and Stenogyne cranwelliae,
and Drosophila digressa—Unit 7 is not
known to be occupied by Drosophila
digressa, this section and unit contain
unoccupied habitat that is essential for
the conservation of these species
because they (1) are habitat for these
species, (2) provide at least one the
physical or biological features essential
for the conservation of each of these
species, and (3) contribute to the area of
habitat needed to reestablish wild
populations within their range in
support of recovery criteria for each of
these species. For recovery, Schiedea
diffusa ssp. macraei needs at least 10
populations, with at least 500
reproducing individuals per population,
and Stenogyne cranwelliae needs at
least 20 populations, with at least 500
reproducing individuals per population
(Service 2022a, p. 43–44). Drosophila
digressa needs at least 10 stable
populations for recovery (Service 2022a,
p. 49). Therefore, we are reasonably
certain that this section and unit will
contribute to the conservation of these
species and that this section and unit
contain one or more of the physical or
biological features that are essential to
the conservation of these species.
Approximately 182 ac (73 ha) of this
section and unit overlap designated
critical habitat for the federally
endangered plant Cyanea stictophylla
(68 FR 39624; July 2, 2003).
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Cyanea marksii, Phyllostegia
floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae—Section 5 and
Drosophila digressa—Unit 8
Section 5 and Drosophila digressa—
Unit 8 consist of wet forest ecosystem in
Ka1ohe on the southwestern slopes of
Mauna Loa. Lands within this section
and unit include approximately 53
percent in State ownership and 47
percent in private/other ownership (see
table 3, above). Section 5 is comprised
of two units: Unit 15 is a critical habitat
unit within unit Hawaii 15 (see 50 CFR
17.99(k)(58) through (59)), which was
previously designated for another plant
species; and Unit 38 is a newly
proposed critical habitat unit depicted
on Map 107. All State-owned lands in
this section and unit are managed by the
State of Hawaii as part of the South
Kona Forest Reserve, Ka1ohe Section
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and Kukuiopa1e Section. The State lands
within this section and unit are
managed under the Three Mountain
Alliance Management Plan (TMA 2007,
pp. 47–50). For general land use,
threats, and special management
considerations or protection measures to
reduce or alleviate the threats identified
within this section and unit, see table 6,
above (DLNR–DOFAW 2022, entire;
TMA 2007, pp. 26–37).
Section 5 is occupied by the plant
Cyanea marksii. This section and unit
include the wet forest, the moisture
regime, and canopy, subcanopy, and
understory native plant species
identified as the physical or biological
features in the wet forest ecosystem.
Although Section 5 is not known to be
occupied by the plants Phyllostegia
floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, and
Stenogyne cranwelliae, and Drosophila
digressa—Unit 8 is not known to be
PO 00000
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18775
occupied by Drosophila digressa, this
section and unit contain unoccupied
habitat that is essential for the
conservation of these species because
they (1) are habitat for these species, (2)
provide at least one the physical or
biological features essential for the
conservation of each of these species,
and (3) contribute to the area of habitat
needed to reestablish wild populations
within their range in support of
recovery criteria for each of these
species. For recovery, Phyllostegia
floribunda, Pittosporum hawaiiense,
and Schiedea diffusa ssp. macraei each
need at least 10 populations, with at
least 500 reproducing individuals per
population for Phyllostegia floribunda
and Schiedea diffusa ssp. macraei and
at least 400 reproducing individuals per
population for Pittosporum hawaiiense
(Service 2022a, p. 43–44). For Stenogyne
cranwelliae, at least 20 populations,
each with at least 500 reproducing
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individuals, are necessary for recovery
(Service 2022a, p. 43–44). Drosophila
digressa needs at least 10 stable
populations for recovery (Service 2022a,
p. 49). Therefore, we are reasonably
certain that this section and unit will
contribute to the conservation of these
species and that this section and unit
contain one or more of the physical or
biological features that are essential to
the conservation of these species.
Approximately 127 ac (51 ha) of this
section and unit overlap designated
critical habitat for the federally
endangered plant Cyanea stictophylla
(68 FR 39624; July 2, 2003).
Cyanea marksii, Phyllostegia
floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae—Section 6 and
Drosophila digressa—Unit 6
Section 6 and Drosophila digressa—
Unit 6 consist of wet forest ecosystem in
Kı¯pa¯hoehoe on the southwestern slopes
of Mauna Loa. Lands within this section
and unit include approximately 99.7
percent in State ownership and 0.3
percent in private/other ownership (see
table 3, above). Section 6 is comprised
of two units: Unit 16 is a critical habitat
unit within unit Hawaii 16 (see 50 CFR
17.99(k)(60) through (61)), which was
previously designated for another plant
species; and Unit 40 is a newly
proposed critical habitat unit depicted
on Map 109. All State-owned lands in
this section and unit are managed by the
State of Hawaii as part of the
Kı¯pa¯hoehoe Natural Area Reserve. The
State lands within this section and unit
are managed under the Kı¯pa¯hoehoe
Natural Area Reserve Management Plan
(DLNR–DOFAW 2002, entire) and the
Three Mountain Alliance Management
Plan (TMA 2007, entire). For general
land use, threats, and special
management considerations or
protection measures to reduce or
alleviate the threats within this section
and unit, see table 6, above (DLNR–
DOFAW 2002, entire).
Section 6 is occupied by the plants
Cyanea marksii and Phyllostegia
floribunda. This section and unit
include the wet forest, the moisture
regime, and canopy, subcanopy, and
understory native plant species
identified as the physical or biological
features in the wet forest ecosystem.
Although Section 6 is not known to be
occupied by Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, or
Stenogyne cranwelliae, and Drosophila
digressa—Unit 6 is not known to be
occupied by Drosophila digressa, this
section and unit contain unoccupied
habitat that is essential for the
conservation of these species because
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they (1) are habitat for these species, (2)
provide at least one the physical or
biological features essential for the
conservation of each of these species,
and (3) contribute to the area of habitat
needed to reestablish wild populations
within their range in support of
recovery criteria for each of these
species. For recovery, Pittosporum
hawaiiense and Schiedea diffusa ssp.
macraei each need at least 10
populations, with at least 400
reproducing individuals per population
for Pittosporum hawaiiense and at least
500 reproducing individuals per
population for Schiedea diffusa ssp.
macraei, and Stenogyne cranwelliae
needs at least 20 populations, each with
at least 500 reproducing individuals
(Service 2022a, p. 43–44). Drosophila
digressa needs at least 10 stable
populations for recovery (Service 2022a,
p. 49). Therefore, we are reasonably
certain that this section and unit will
contribute to the conservation of these
species and that this section and unit
contain one or more of the physical or
biological features that are essential to
the conservation of these species.
Approximately 156 ac (63 ha) of this
section and unit overlap designated
critical habitat for the federally
endangered plant Cyanea stictophylla
(68 FR 39624; July 2, 2003).
hawaiiense and includes the wet forest
and wet grassland and shrubland
ecosystems, the moisture regime, and
canopy, subcanopy, and understory
native plant species identified as the
physical or biological features in the wet
forest and wet grassland and shrubland
ecosystems. Although Section 7 is not
known to be occupied by Cyrtandra
wagneri, this section contains
unoccupied habitat that is essential for
the conservation of this species because
it (1) is habitat for this species, (2)
provides at least one the physical or
biological features essential for the
conservation of this species, and (3)
contributes to the area of habitat needed
to reestablish wild populations within
its range in support of recovery criteria.
At least 10 populations, each with at
least 500 reproducing individuals are
necessary for recovery of Cyrtandra
wagneri (Service 2022a, p. 43–44).
Therefore, we are reasonably certain
that this section will contribute to the
conservation of this species and that
this section contains one or more of the
physical or biological features that are
essential to the conservation of this
species. Approximately 9 ac (4 ha) of
this section overlaps designated critical
habitat for the federally endangered
plant Pleomele hawaiiensis (68 FR
39624; July 2, 2003).
Cyrtandra wagneri, Phyllostegia
floribunda, Pittosporum hawaiiense—
Section 7
Section 7 consists of wet forest and
wet grassland and shrubland ecosystems
from Pa¯nau Nui to Kamoamoa on
eastern slope of Kı¯lauea Volcano,
entirely on Federal land (see table 3,
above). Section 7 is comprised of two
units: Unit 23 is a critical habitat unit
within unit Hawaii 23 (see 50 CFR
17.99(k)(74) through (75)), which was
previously designated for another plant
species; and Unit 45 is a newly
proposed critical habitat unit depicted
on Map 114. Lands within this section
are entirely under Federal ownership
managed by the National Park Service
within Hawai1i Volcanoes National Park.
Federal lands within this section are
managed by the National Park Service
under the Hawai1i Volcanoes National
Park General Management Plan
(National Park Service 2015, 2016,
entire) and the Three Mountain Alliance
Management Plan (TMA 2007, entire).
For general land use, threats, and
special management considerations or
protection measures to reduce or
alleviate the threats within this section,
see table 6, above (National Park Service
2015, 2016, entire).
Section 7 is occupied by the plants
Phyllostegia floribunda and Pittosporum
Cyanea tritomantha, Cyrtandra wagneri,
Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, Stenogyne
cranwelliae—Section 8
Section 8 consists of wet and mesic
forest ecosystems from Nı¯nole to Pa¯hala
on the southern slopes of Mauna Loa.
Lands within this section include
approximately 27 percent in Federal
ownership, 66 percent in State
ownership, and 8 percent in private/
other ownership (see table 3, above).
Section 8 is comprised of two units:
Unit 24 is a critical habitat unit within
unit Hawaii 24 (see 50 CFR 17.99(k)(76)
through (81)), which was previously
designated for another plant species;
and Unit 44 is a newly proposed critical
habitat unit depicted on Map 113.
Federal lands in Section 8 are managed
by the National Park Service within the
Hawai1i Volcanoes National Park and in
accordance with their Hawai1i
Volcanoes National Park General
Management Plan (National Park
Service 2015, 2016, entire). All Stateowned lands in this section are
managed by the State of Hawaii, are part
of the Ka1u¯ Forest Reserve, and are
managed under the Ka1u¯ Forest Reserve
Management Plan (DLNR–DOFAW
2012, entire). For general land use,
threats, and special management
considerations or protection measures to
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unoccupied habitat that is essential for
the conservation of these species
because it (1) is habitat for these species,
(2) provides at least one the physical or
biological features essential for the
conservation of each of these species,
and (3) contributes to the area of habitat
needed to reestablish wild populations
within their range in support of
recovery criteria for each of these
species. For recovery, Cyrtandra
wagneri needs at least 10 populations,
each with at least 500 reproducing
individuals, and Stenogyne cranwelliae
needs at least 20 populations, each with
at least 500 reproducing individuals
PO 00000
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(Service 2022a, p. 43–44). Therefore, we
are reasonably certain that this section
will contribute to the conservation of
these species and that this section
contains one or more of the physical or
biological features that are essential to
the conservation of these species.
Approximately 2,081 ac (842 ha) of the
section overlaps designated critical
habitat for the federally endangered
plant Argyroxiphium kauense (68 FR
39624; July 2, 2003) and for the picturewing fly Drosophila heteroneura Unit 1
(Ka1u¯ Forest) (see 50 CFR 17.95(i) and 73
FR 73795, December 4, 2008).
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reduce or alleviate the threats within
Section 8, see table 6, above (DLNR–
DOFAW 2012, p. 3; TMA 2007, pp. 44–
46).
Section 8 is occupied by the plants
Cyanea tritomantha, Pittosporum
hawaiiense, and Schiedea diffusa ssp.
macraei and includes the wet and mesic
forest, the moisture regime, and canopy,
subcanopy, and understory native plant
species identified as the physical or
biological features in the wet and mesic
forest ecosystems. Although Section 8 is
not known to be occupied by the plants
Cyrtandra wagneri or Stenogyne
cranwelliae, this section contains
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Cyrtandra wagneri, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae—
Section 9
Section 9 consists of wet and mesic
forest ecosystems from Wai1o¯hinu to
Nı¯nole on the southern slopes of Mauna
Loa. Lands within this section include
approximately 29 percent in Federal
ownership and 71 percent in State
ownership (see table 3, above). Section
9 is comprised of two units: Unit 24 is
a critical habitat unit within unit Hawaii
24 (see 50 CFR 17.99(k)(76) through
(81)), which was previously designated
for another plant species; and Unit 43 is
a newly proposed critical habitat unit
depicted on Map 112. Federal lands in
Section 9 are managed by the National
Park Service within the Hawai1i
Volcanoes National Park and in
accordance with their Hawai1i
Volcanoes National Park General
Management Plan (National Park
Service 2015, 2016, entire). All Stateowned lands in this section are
managed by the State of Hawaii, are part
of the Ka1u¯ Forest Reserve, and are
managed under the Ka1u¯ Forest Reserve
Management Plan (DLNR–DOFAW
2012, entire). For general land use,
threats, and special management
considerations or protection measures to
reduce or alleviate the threats within
this section, see table 6, above (TMA
2007, pp. 26–37; DLNR–DOFAW 2012,
pp. 1–3; DLNR 2017, pp. 3–5).
Section 9 is occupied by the plants
Pittosporum hawaiiense and Schiedea
diffusa ssp. macraei and includes the
wet and mesic forest, the moisture
regime, and canopy, subcanopy, and
understory native plant species
identified as the physical or biological
features in the wet and mesic forest
ecosystems. Although Section 9 is not
known to be occupied by Cyrtandra
wagneri or Stenogyne cranwelliae, this
section contains unoccupied habitat that
is essential for the conservation of these
species because it (1) is habitat for these
species, (2) provides at least one the
physical or biological features essential
for the conservation of each of these
species, and (3) contributes to the area
of habitat needed to reestablish wild
populations within their range in
support of recovery criteria for each of
these species. For recovery, Cyrtandra
wagneri needs at least 10 populations,
each with at least 500 reproducing
individuals, and Stenogyne cranwelliae
needs at least 20 populations, each with
at least 500 reproducing individuals
(Service 2022a, p. 43–44). Therefore, we
are reasonably certain that this section
will contribute to the conservation of
these species and that this section
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contains one or more of the physical or
biological features that are essential to
the conservation of these species.
Approximately 101 ac (41 ha) of this
section overlap designated critical
habitat for the federally endangered
plant Argyroxiphium kauense (68 FR
39624; July 2, 2003) and for the picturewing fly Drosophila ochrobasis Unit 5
(Upper Kahuku) (see 50 CFR 17.95(i)
and 73 FR 73795, December 4, 2008).
Cyrtandra nanawaleensis, Cyrtandra
wagneri, Phyllostegia floribunda—
Section 10
Section 10 consists of wet forest and
wet grassland and shrubland ecosystems
from Kahauale1a to Wao Kele o Puna
near the east rift zone of Kı¯lauea
Volcano in the district of Puna. Lands
within this section include
approximately 100 percent in State
ownership and less than 1 percent in
private/other ownership (see table 3,
above). Section 10 is comprised of two
units: Unit 28 is a critical habitat unit
within unit Hawaii 28 (see 50 CFR
17.99(k)(89)), which was previously
designated for another plant species;
and Unit 46 is a newly proposed critical
habitat unit depicted on Map 115. Lands
within this section are almost entirely
under State ownership managed by the
State of Hawaii within the Kahauale1a
Natural Area Reserve and the State of
Hawaii Office of Hawaiian Affairs
within the Wao Kele o Puna Forest
Reserve. The State lands within this
section are managed under the Wao
Kele o Puna Comprehensive
Management Plan (Na¯lehualawaku1ulei
2017, entire) and the Three Mountain
Alliance Management Plan (TMA 2007,
entire). For general land use, threats,
and special management considerations
or protection measures to reduce or
alleviate the threats within this section,
see table 6, above (DLNR–DOFAW 2022,
entire; TMA 2007, pp. 26–37;
Na¯lehualawaku1ulei 2017, entire).
Section 10 is occupied by the plants
Cyrtandra nanawaleensis and
Phyllostegia floribunda and includes the
wet forest and wet grassland and
shrubland, the moisture regime, and
canopy, subcanopy, and understory
native plant species identified as the
physical or biological features in the wet
forest and wet grassland and shrubland
ecosystems. Although Section 10 is not
known to be occupied by Cyrtandra
wagneri, this section contains
unoccupied habitat that is essential for
the conservation of this species because
it (1) is habitat for this species, (2)
provides at least one the physical or
biological features essential for the
conservation of this species, and (3)
contributes to the area of habitat needed
PO 00000
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to reestablish wild populations within
its range in support of recovery criteria.
At least 10 populations, each with at
least 500 reproducing individuals are
necessary for recovery of Cyrtandra
wagneri (Service 2022a, p. 43–44).
Therefore, we are reasonably certain
that this section will contribute to the
conservation of this species and that
this section contains one or more of the
physical or biological features that are
essential to the conservation of this
species. Approximately 155 ac (63 ha) of
this section overlaps designated critical
habitat for the federally endangered
plant Adenophorus periens (68 FR
39624; July 2, 2003).
Cyanea tritomantha, Cyrtandra wagneri,
Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae—
Section 11 and Drosophila digressa—
Unit 2
Section 11 and Drosophila digressa—
Unit 2 consist of wet forest ecosystem
¯ la1a to Upper Waia¯kea on the
from 1O
eastern slope of Mauna Loa and
partially on the northern slope of
Kı¯lauea Volcano. Lands within this
section and unit include approximately
25 percent in Federal ownership, 74
percent in State ownership, and 1
percent in private/other ownership (see
table 3, above). Section 11 is comprised
of three units: Unit 29 and Unit 30 are
critical habitat units within unit Hawaii
29 and unit Hawaii 30 (see 50 CFR
17.99(k)(90) through (103)), which were
previously designated for other plant
species; and Unit 51 is a newly
proposed critical habitat unit depicted
on Map 118. All State-owned lands in
this section and unit are managed by the
State of Hawaii as part of the Hilo Forest
¯ la1a Forest
Reserve Ku¯ku¯au Section, 1O
Reserve Mountain View Section, Upper
Waia¯kea Forest Reserve, Waia¯kea Forest
Reserve, Pu1u Maka1ala Natural Area
Reserve, and Waia¯kea 1942 Lava Flow
Natural Area Reserve. All Federal lands
in this section and unit are managed by
the National Park Service within the
Hawai1i Volcanoes National Park. The
State lands within this section and unit
are managed under the Pu1u Maka1ala
Natural Area Reserve Management Plan
(DLNR–DOFAW 2013, entire) and the
Three Mountain Alliance’s Management
Plan (TMA 2007, entire). The Federal
lands within this section and unit are
managed under the Hawai1i Volcanoes
National Park General Management Plan
(National Park Service 2015, 2016,
entire). For general land use, threats,
and special management considerations
or protection measures to reduce or
alleviate the threats within this section
and unit, see table 6 (National Park
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Service 2015, 2016, entire; DLNR–
DOFAW 2013, p. 21; DLNR–DOFAW
2022, entire; TMA 2007, pp. 40–43).
Section 11 is occupied by the plants
Cyanea tritomantha, Phyllostegia
floribunda, Pittosporum hawaiiense,
and Schiedea diffusa ssp. macraei, and
Drosophila digressa—Unit 2 is occupied
by the picture-wing fly Drosophila
digressa. This section and unit include
the wet forest, the moisture regime, and
canopy, subcanopy, and understory
native plant species identified as the
physical or biological features in the wet
forest ecosystem. Although Section 11 is
not known to be occupied by Cyrtandra
wagneri or Stenogyne cranwelliae, this
section contains unoccupied habitat that
is essential for the conservation of these
species because it (1) is habitat for these
species, (2) provides at least one the
physical or biological features essential
for the conservation of each of these
species, and (3) contributes to the area
of habitat needed to reestablish wild
populations within their range in
support of recovery criteria for each of
these species. For recovery, Cyrtandra
wagneri needs at least 10 populations,
each with at least 500 reproducing
individuals, and Stenogyne cranwelliae
needs at least 20 populations, each with
at least 500 reproducing individuals
(Service 2022a, p. 43–44). Therefore, we
are reasonably certain that this section
will contribute to the conservation of
these species and that this section
contains one or more of the physical or
biological features that are essential to
the conservation of these species.
Approximately 14,665 ac (5,935 ha) of
this section and unit overlaps
designated critical habitat for the
federally endangered plants Clermontia
peleana, Cyanea stictophylla, Cyrtandra
giffardii, Phyllostegia velutina, and
Sicyos alba (68 FR 39624; July 2, 2003),
and for the picture-wing fly Drosophila
mulli Unit 1 (Ola1a Forest) and Unit 3
(Waia¯kea Forest) (see 50 CFR 17.95(i)
and 73 FR 73795, December 4, 2008).
Cyanea marksii, Phyllostegia
floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae—Section 12 and
Drosophila digressa—Unit 9
Section 12 and Drosophila digressa—
Unit 9 consist of wet forest ecosystem in
Ho1okena on the southwestern slopes of
Mauna Loa. Newly proposed critical
habitat for Section 12 is entirely within
critical habitat Unit 37 depicted on Map
106 and includes approximately 100
percent Federal land with less than 1 ac
(less than 1 ha) of land that is privately
owned or has other ownership (see table
3, above). Lands within this section and
unit are almost entirely managed by the
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Jkt 259001
Service within Hakalau Forest National
Wildlife Refuge’s Kona Forest Unit and
in accordance with the Hakalau Forest
National Wildlife Refuge
Comprehensive Conservation Plan
(Service 2010, pp. 2–13–2–19, 2–33–2–
40). The State lands within this section
and unit are managed under the Three
Mountain Alliance Management Plan
(TMA 2007, pp. 47–50). For general
land use, threats, and special
management considerations or
protection measures to reduce or
alleviate the threats within this section
and unit, see table 6, above (Service
2010, entire; TMA 2007, pp. 26–37).
Section 12 is occupied by the plant
Cyanea marksii. This section and unit
include the wet forest, the moisture
regime, and canopy, subcanopy, and
understory native plant species
identified as the physical or biological
features in the wet forest ecosystem.
Although Section 12 is not known to be
occupied by Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, or Stenogyne
cranwelliae, and Drosophila digressa—
Unit 9 is not known to be occupied by
Drosophila digressa, this section and
unit contain unoccupied habitat that is
essential for the conservation of these
species because they (1) are habitat for
these species, (2) provide at least one
the physical or biological features
essential for the conservation of each of
these species, and (3) contribute to the
area of habitat needed to reestablish
wild populations within their range in
support of recovery criteria for each of
these species. For recovery, Phyllostegia
floribunda and Schiedea diffusa ssp.
macraei each need at least 10
populations, with at least 500
reproducing individuals per population;
Pittosporum hawaiiense needs at least
10 populations, each with at least 400
reproducing individuals; and Stenogyne
cranwelliae needs at least 20
populations, each with at least 500
reproducing individuals (Service 2022a,
p. 43–44). For (Service 2022a, p. 43–44).
Drosophila digressa needs at least 10
stable populations for recovery (Service
2022a, p. 49). Therefore, we are
reasonably certain that this section and
unit will contribute to the conservation
of these species and that this section
and unit contain one or more of the
physical or biological features that are
essential to the conservation of these
species. Approximately 1,482 ac (600
ha) of this section and unit overlap
designated critical habitat for the
picture-wing fly Drosophila heteroneura
Unit 2 (Kona Refuge) (see 50 CFR
17.95(i) and 73 FR 73795, December 4,
2008).
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18779
Drosophila digressa—Unit 4
Drosophila digressa—Unit 4 consists
of mesic forest ecosystem at Manuka¯ on
the southern slopes of Mauna Loa, with
100 percent of lands in State ownership
(see table 3, above). All State-owned
lands in this unit are managed by the
State of Hawaii as part of the Manuka¯
Natural Area Reserve, under the
Manuka¯ Natural Area Reserve Draft
Management Plan (DLNR–DOFAW
1992, entire) and the Three Mountain
Alliance Management Plan (TMA 2007,
entire). For general land use, threats,
and special management considerations
or protection measures to reduce or
alleviate the threats within this unit, see
table 6, above (DLNR–DOFAW 1992,
entire).
Drosophila digressa—Unit 4 is
occupied by the picture-wing fly
Drosophila digressa and includes the
mesic forest, the moisture regime, and
canopy, subcanopy, and understory
native plant species identified as the
physical or biological features in the
mesic forest ecosystem. This entire unit
(167 ac, 67 ha) overlaps designated
critical habitat (50 CFR 17.99(k)(64)
through (69)) for the federally
endangered plants Colubrina
oppositifolia, Diellia erecta (now listed
as Asplenium dielerectum), Flueggea
neowawraea, Gouania vitifolia,
Neraudia ovata, and Pleomele
hawaiiensis (68 FR 39624; July 2, 2003).
Cyanea marksii, Phyllostegia
floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae—Section 13 and
Drosophila digressa—Unit 5
Section 13 and Drosophila digressa—
Unit 5 consist of wet forest ecosystem
from Kı¯pa¯hoehoe to Honomalino on the
southwestern slopes of Mauna Loa.
Lands within this section and unit
include approximately 12 percent in
State ownership and 88 percent in
private/other ownership (see table 3,
above). Newly proposed critical habitat
for Section 13 is entirely within critical
habitat Unit 41 depicted on Map 110.
All State-owned lands in this section
and unit are managed by the State of
Hawaii as part of the Kı¯pa¯hoehoe
Natural Area Reserve and South Kona
Forest Reserve Kapua-Manuka¯ Section.
Some private lands are owned by The
Nature Conservancy, within the Kona
Hema Preserve. The State lands within
this section and unit are managed under
the Kı¯pa¯hoehoe Natural Area Reserve
Management Plan (DLNR–DOFAW
2002, entire) and the Three Mountain
Alliance Management Plan (TMA 2007,
entire). The Nature Conservancy’s land
is managed under the Forest
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Stewardship Management Plan for the
Kona Hema Preserve (Giffin 2017,
entire). For general land use, threats,
and special management considerations
or protection measures to reduce or
alleviate the threats within this section
and unit, see table 6, above (DLNR–
DOFAW 2002, entire).
Section 13 is occupied by the plants
Cyanea marksii, Phyllostegia
floribunda, and Pittosporum
hawaiiense. This section and unit
include the wet forest, the moisture
regime, and canopy, subcanopy, and
understory native plant species
identified as the physical or biological
features in the wet forest ecosystem.
Although Section 13 is not known to be
occupied by Schiedea diffusa ssp.
macraei and Stenogyne cranwelliae, and
Drosophila digressa—Unit 5 is not
known to be occupied by Drosophila
digressa, this section and unit contains
unoccupied habitat that is essential for
the conservation of these species
because they (1) are habitat for these
species, (2) provide at least one the
physical or biological features essential
for the conservation of each of these
species, and (3) contribute to the area of
habitat needed to reestablish wild
populations within their range in
support of recovery criteria for each of
these species. For recovery, Schiedea
diffusa ssp. macraei needs at least 10
populations, each with at least 500
reproducing individuals, and Stenogyne
cranwelliae needs at least 20
populations, each with at least 500
reproducing individuals (Service 2022a,
p. 43–44). Drosophila digressa needs at
least 10 stable populations for recovery
(Service 2022a, p. 49). Therefore, we are
reasonably certain that this section and
unit will contribute to the conservation
of these species and that this section
and unit contain one or more of the
physical or biological features that are
essential to the conservation of these
species. There is no critical habitat for
other endangered or threatened species
within this section and unit.
Cyanea tritomantha, Cyrtandra wagneri,
Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae—
Section 14 and Drosophila digressa—
Unit 3
Section 14 and Drosophila digressa—
Unit 3 are entirely overlapping and
consist of wet and mesic forest
ecosystems at Kahuku on the southern
slopes of Mauna Loa. Newly proposed
critical habitat for Section 14 is
comprised of a single unit of newly
proposed critical habitat, Unit 42
depicted on Map 111. Lands within this
section and unit include approximately
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100 percent in Federal ownership and
less than 1 percent in State ownership
(see table 3, above). Federal lands are
managed by the National Park Service
within the Hawai1i Volcanoes National
Park in accordance with the Hawai1i
Volcanoes National Park General
Management Plan (National Park
Service 2015, 2016, entire). All Stateowned lands in this section and unit are
managed by the State of Hawaii, are part
of the Ka1u¯ Forest Reserve, and are
managed under the Ka1u¯ Forest Reserve
Management Plan (DLNR–DOFAW
2012, entire). For general land use,
threats, and special management
considerations or protection measures to
reduce or alleviate the threats within
this section and unit, see table 6, above
(TMA 2007, pp. 26–37; DLNR–DOFAW
2012, pp. 1–3; DLNR 2017, pp. 3–5).
Section 14 is occupied by the plants
Pittosporum hawaiiense and Schiedea
diffusa ssp. macraei. This section and
unit include the wet and mesic forest,
the moisture regime, and canopy,
subcanopy, and understory native plant
species identified as the physical or
biological features in the wet and mesic
forest ecosystems. Although Section 14
is not known to be occupied by the
plants Cyanea tritomantha, Cyrtandra
wagneri, Phyllostegia floribunda, or
Stenogyne cranwelliae, or by the
picture-wing fly Drosophila digressa in
Drosophila digressa—Unit 3, this
section and unit contain unoccupied
habitat that is essential for the
conservation of these species because
they (1) are habitat for these species, (2)
provide at least one the physical or
biological features essential for the
conservation of each of these species,
and (3) contribute to the area of habitat
needed to reestablish wild populations
within their range in support of
recovery criteria for each of these
species. For recovery, Cyanea
tritomantha, Cyrtandra wagneri, and
Phyllostegia floribunda each need at
least 10 populations, with at least 500
reproducing individuals per population,
and Stenogyne cranwelliae needs at
least 20 populations, each with at least
500 reproducing individuals (Service
2022a, p. 43–44). Drosophila digressa
needs at least 10 stable populations for
recovery (Service 2022a, p. 49).
Therefore, we are reasonably certain
that this section and unit will contribute
to the conservation of these species and
that this section and unit contain one or
more of the physical or biological
features that are essential to the
conservation of these species.
Approximately 681 ac (275 ha) of this
section and unit overlap designated
critical habitat for the picture-wing fly
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Drosophila heteroneura Unit 3 (Lower
Kahuku) (see 50 CFR 17.95(i) and 73 FR
73795, December 4, 2008).
Cyrtandra nanawaleensis—Section 15
Section 15 consists of wet forest
ecosystem at Kama¯1ili near the east rift
zone of Kı¯lauea Volcano in the district
of Puna. Lands within this section are
entirely under State ownership managed
by the State of Hawaii within the
Keau1ohana Forest Reserve (see table 3,
above). Section 15 is comprised of one
unit: Unit 47, which is a newly
proposed critical habitat unit depicted
on Map 116. The State lands within this
section are managed under the Three
Mountain Alliance’s Management Plan
(TMA 2007, entire). For general land
use, threats, and special management
considerations or protection measures to
reduce or alleviate the threats within
this section, see table 6, above (DLNR–
DOFAW 2022, entire; TMA 2007, pp.
40–43).
Section 15 is occupied by the plant
Cyrtandra nanawaleensis and includes
the wet forest, the moisture regime, and
canopy, subcanopy, and understory
native plant species identified as the
physical or biological features in the wet
forest ecosystem. There is no critical
habitat for other endangered or
threatened species within the section.
Cyrtandra nanawaleensis—Section 16
Section 16 consists of wet forest
ecosystem in Pa¯hoa near the east rift
zone of Kı¯lauea Volcano in the district
of Puna. Lands within this section
include approximately 99 percent under
State ownership and 1 percent in
private/other ownership (see table 3,
above). Section 16 is comprised of one
unit: Unit 48, which is a newly
proposed critical habitat unit depicted
on Map 116. All State-owned lands in
this section are managed by the State of
Hawaii as part of the Na¯na¯wale Forest
Reserve, under the Three Mountain
Alliance’s Management Plan (TMA
2007, entire). For general land use,
threats, and special management
considerations or protection measures to
reduce or alleviate the threats within
this section, see table 6, above (DLNR–
DOFAW 2022, entire; TMA 2007, pp.
40–43).
Section 16 is occupied by the plant
Cyrtandra nanawaleensis and includes
the wet forest, the moisture regime, and
canopy, subcanopy, and understory
native plant species identified as the
physical or biological features in the wet
forest ecosystem. There is no critical
habitat for other endangered or
threatened species within the section.
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Cyrtandra nanawaleensis—Section 17
Section 17 consists of wet and mesic
forest and mesic grassland and
shrubland ecosystems at Malama-Kı¯
near the east rift zone of Kı¯lauea
Volcano in the district of Puna. Lands
within this section include
approximately 99 percent under State
ownership and 1 percent in private/
other ownership (see table 3, above).
Section 17 is comprised of one unit:
Unit 49, which is a newly proposed
critical habitat unit depicted on Map
117. State-owned lands within this
section are managed by the State of
Hawaii within the Malama-Kı¯ Forest
Reserve, under the Three Mountain
Alliance’s Management Plan (TMA
2007, entire). For general land use,
threats, and special management
considerations or protection measures to
reduce or alleviate the threats within
this section, see table 6, above (DLNR–
DOFAW 2022, entire; TMA 2007, pp.
40–43).
Section 17 is occupied by the plant
Cyrtandra nanawaleensis and includes
the wet forest, mesic forest, and mesic
grassland and shrubland; the moisture
regime; and canopy, subcanopy, and
understory native plant species
identified as the physical or biological
features in the wet forest, mesic forest,
and mesic grassland and shrubland
ecosystems. There is no critical habitat
for other endangered or threatened
species within the section.
ddrumheller on DSK120RN23PROD with PROPOSALS3
Cyrtandra nanawaleensis—Section 18
Section 18 consists of wet and mesic
forest and mesic grassland and
shrubland ecosystems at Kapoho near
the east rift zone of Kı¯lauea Volcano in
the district of Puna. Lands within this
section include approximately 99
percent under State ownership and 1
percent in private/other ownership (see
table 3, above). Section 18 is comprised
of one unit: Unit 50, which is a newly
proposed critical habitat unit depicted
on Map 117. State-owned lands within
this section are managed by the State of
Hawaii within the Na¯na¯wale Forest
Reserve Halepua1a section, under the
Three Mountain Alliance’s Management
Plan (TMA 2007, entire). For general
land use, threats, and special
management considerations or
protection measures to reduce or
alleviate the threats within this section,
see table 6, above (DLNR–DOFAW 2022,
entire; TMA 2007, pp. 40–43).
Section 18 is occupied by the plant
Cyrtandra nanawaleensis and includes
the wet forest, mesic forest, and mesic
grassland and shrubland; the moisture
regime; and canopy, subcanopy, and
understory native plant species
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identified as the physical or biological
features in the wet forest, mesic forest,
and mesic grassland and shrubland
ecosystems. There is no critical habitat
for other endangered or threatened
species within the section.
Schiedea hawaiiensis—Section 19
Section 19 consists of dry forest
ecosystems adjacent to the Po¯hakuloa
Training Area in the saddle of
Maunakea, Mauna Loa, and Huala¯lai.
Lands within this section are entirely in
State ownership (see table 3, above).
Proposed critical habitat for Section 19
is entirely within proposed critical
habitat Unit 55 depicted on Map 122.
The State-owned lands in this section
include the Pu1u Anahulu Game
Management Area and are managed
under the Mauna Kea Watershed
Management Plan (Stewart 2010, entire)
and the Three Mountain Alliance
Management Plan (TMA 2007, entire).
For general land use, threats, and
special management considerations or
protection measures to reduce or
alleviate the threats within this section,
see table 6, above (DLNR–DOFAW 2015,
entire; TMA 2007, pp. 51–55).
Section 19 is not known to be
occupied by Schiedea hawaiiensis, but
this section includes the dry forest, the
moisture regime, and canopy,
subcanopy, and understory native plant
species identified as the physical or
biological features in the dry forest
ecosystems. This section also provides
an area for potential population
establishment, which is essential for the
conservation of Schiedea hawaiiensis
because 10 populations are identified as
part of the recovery criteria, but only 1
wild population and 3 reintroduced
populations are extant. Although
Section 19 contains unoccupied habitat
for Schiedea hawaiiensis, we have
determined this area is essential for the
conservation of this species because it
(1) is habitat for this species, (2)
provides at least one the physical or
biological features essential for the
conservation of this species, and (3)
contributes to the area of habitat needed
to reestablish wild populations within
its range in support of recovery criteria.
At least 10 populations, each with at
least 500 reproducing individuals for,
are necessary for recovery (Service
2022a, p. 43–44). Therefore, we are
reasonably certain that this section will
contribute to the conservation of this
species and that this section contains
one or more of the physical or biological
features that are essential to the
conservation of this species. Section 19
does not overlap with existing critical
habitat for other listed species.
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Effects of Critical Habitat Designation
Section 7 Consultation
Section 7(a)(2) of the Act requires
Federal agencies, including the Service,
to ensure that any action they fund,
authorize, or carry out is not likely to
jeopardize the continued existence of
any endangered species or threatened
species or result in the destruction or
adverse modification of designated
critical habitat of such species. In
addition, section 7(a)(4) of the Act
requires Federal agencies to confer with
the Service on any agency action which
is likely to jeopardize the continued
existence of any species proposed to be
listed under the Act or result in the
destruction or adverse modification of
proposed critical habitat.
We published a final rule revising the
definition of destruction or adverse
modification on August 27, 2019 (84 FR
44976). Destruction or adverse
modification means a direct or indirect
alteration that appreciably diminishes
the value of critical habitat as a whole
for the conservation of a listed species.
If a Federal action may affect a listed
species or its critical habitat, the
responsible Federal agency (action
agency) must enter into consultation
with us. Examples of actions that are
subject to the section 7 consultation
process are actions on State, Tribal,
local, or private lands that require a
Federal permit ((such as a permit from
the U.S. Army Corps of Engineers under
section 404 of the Clean Water Act (33
U.S.C. 1251 et seq.) or a permit from the
Service under section 10 of the Act)) or
that involve some other Federal action
(such as funding from the Federal
Highway Administration, Federal
Aviation Administration, or the Federal
Emergency Management Agency).
Federal actions not affecting listed
species or critical habitat—and actions
on State, Tribal, local, or private lands
that are not federally funded,
authorized, or carried out by a Federal
agency—do not require section 7
consultation.
Compliance with the requirements of
section 7(a)(2) is documented through
our issuance of:
(1) A concurrence letter for Federal
actions that may affect, but are not
likely to adversely affect, listed species
or critical habitat; or
(2) A biological opinion for Federal
actions that may affect, and are likely to
adversely affect, listed species or critical
habitat.
When we issue a biological opinion
concluding that a project is likely to
jeopardize the continued existence of a
listed species and/or destroy or
adversely modify critical habitat, we
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provide reasonable and prudent
alternatives to the project, if any are
identifiable, that would avoid the
likelihood of jeopardy and/or
destruction or adverse modification of
critical habitat. We define ‘‘reasonable
and prudent alternatives’’ (at 50 CFR
402.02) as alternative actions identified
during consultation that:
(1) Can be implemented in a manner
consistent with the intended purpose of
the action,
(2) Can be implemented consistent
with the scope of the Federal agency’s
legal authority and jurisdiction,
(3) Are economically and
technologically feasible, and
(4) Would, in the Service Director’s
opinion, avoid the likelihood of
jeopardizing the continued existence of
the listed species and/or avoid the
likelihood of destroying or adversely
modifying critical habitat.
Reasonable and prudent alternatives
can vary from slight project
modifications to extensive redesign or
relocation of the project. Costs
associated with implementing a
reasonable and prudent alternative are
similarly variable.
Regulations at 50 CFR 402.16 set forth
requirements for Federal agencies to
reinitiate consultation on previously
reviewed actions. These requirements
apply when the Federal agency has
retained discretionary involvement or
control over the action (or the agency’s
discretionary involvement or control is
authorized by law) and, subsequent to
the previous consultation: (a) if the
amount or extent of taking specified in
the incidental take statement is
exceeded; (b) if new information reveals
effects of the action that may affect
listed species or critical habitat in a
manner or to an extent not previously
considered; (c) if the identified action is
subsequently modified in a manner that
causes an effect to the listed species or
critical habitat that was not considered
in the biological opinion or written
concurrence; or (d) if a new species is
listed or critical habitat designated that
may be affected by the identified action.
In such situations, Federal agencies
sometimes may need to request
reinitiation of consultation with us, but
Congress also enacted some exceptions
in 2018 to the requirement to reinitiate
consultation on certain land
management plans on the basis of a new
species listing or new designation of
critical habitat that may be affected by
the subject federal action. See 2018
Consolidated Appropriations Act,
Public Law 115–141, Div, O, 132 Stat.
1059 (2018).
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Application of the ‘‘Destruction or
Adverse Modification’’ Standard
The key factor related to the
destruction or adverse modification
determination is whether
implementation of the proposed Federal
action directly or indirectly alters the
designated critical habitat in a way that
appreciably diminishes the value of the
critical habitat as a whole for the
conservation of the listed species. As
discussed above, the role of critical
habitat is to support physical or
biological features essential to the
conservation of a listed species and
provide for the conservation of the
species.
Section 4(b)(8) of the Act requires us
to briefly evaluate and describe, in any
proposed or final regulation that
designates critical habitat, activities
involving a Federal action that may
violate section 7(a)(2) of the Act by
destroying or adversely modifying such
habitat, or that may be affected by such
designation.
Activities that the Service may,
during a consultation under section
7(a)(2) of the Act, consider likely to
destroy or adversely modify critical
habitat include, but are not limited to,
Federal actions that result in the
removal or significant modification of
designated critical habitat, or that would
pose a risk of fire. Such activities could
include, but are not limited to, military
training activities with potential to
cause wildland fires. We anticipate that
most Federal activities that may cause
effects to critical habitat will also cause
effects to the listed species, and as such
we will already be in consultation with
the Federal agency as to whether or not
the activity jeopardizes the listed
species. The exception is the one area
proposed for critical habitat designation
that is presently unoccupied by any of
the listed species, Section 19, which is
proposed for designation for Schiedea
hawaiiensis. There, as there is not
already a section 7 consultation nexus,
the effects of a Federal proposed action
that could remove physical or biological
features essential to the conservation of
the species—specifically, the associated
native plant genera that are part of a
functioning ecosystem in which S.
hawaiiensis occurs or has historically
occurred—would trigger section 7(a)(2)
consultation because of the critical
habitat designation. Within occupied
areas, we do not anticipate
recommending any project
modifications to avoid destruction or
adverse modification of critical habitat
that would be different from those for
avoiding jeopardy.
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Exemptions
Application of Section 4(a)(3) of the Act
The Sikes Act Improvement Act of
1997 (Sikes Act) (16 U.S.C. 670a)
required each military installation that
includes land and water suitable for the
conservation and management of
natural resources to complete an
integrated natural resources
management plan (INRMP) by
November 17, 2001. An INRMP
integrates implementation of the
military mission of the installation with
stewardship of the natural resources
found on the base. Each INRMP
includes:
(1) An assessment of the ecological
needs on the installation, including the
need to provide for the conservation of
listed species;
(2) A statement of goals and priorities;
(3) A detailed description of
management actions to be implemented
to provide for these ecological needs;
and
(4) A monitoring and adaptive
management plan.
Among other things, each INRMP
must, to the extent appropriate and
applicable, provide for fish and wildlife
management; fish and wildlife habitat
enhancement or modification; wetland
protection, enhancement, and
restoration where necessary to support
fish and wildlife; and enforcement of
applicable natural resource laws.
The National Defense Authorization
Act for Fiscal Year 2004 (Pub. L. 108–
136) amended the Act to limit areas
eligible for designation as critical
habitat. Specifically, section 4(a)(3)(B)(i)
of the Act (16 U.S.C. 1533(a)(3)(B)(i))
provides that the Secretary shall not
designate as critical habitat any lands or
other geographical areas owned or
controlled by the Department of Defense
(DoD), or designated for its use, that are
subject to an INRMP prepared under
section 101 of the Sikes Act (16 U.S.C.
670a), if the Secretary determines in
writing that such plan provides a benefit
to the species for which critical habitat
is proposed for designation.
We consult with the military on the
development and implementation of
INRMPs for installations with listed
species. Schiedea hawaiiensis is the
only species with an INRMP located
within the range of its proposed critical
habitat designation. The following area
is DoD lands with a completed, Serviceapproved INRMP within the proposed
critical habitat designation.
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Approved INRMPs
Po¯hakuloa Training Area, 132,193 ac
(53,497 ha)
Po¯hakuloa Training Area (PTA) is the
sole installation under DoD jurisdiction
on the island of Hawai1i. PTA is located
in the north-central portion on the
island of Hawai1i, west of the Humu1ula
Saddle, in an area formed by the
convergence of three volcanic
mountains: Mauna Kea, Mauna Loa, and
Huala¯lai. The PTA INRMP provides for
wildlife management and habitat
enhancement for four federally listed
animal species and 20 federally listed
plant species, including Schiedea
hawaiiensis, found within PTA (PTA
2020, entire).
The current INRMP provides specific
protections for S. hawaiiensis.
Conservation actions to benefit S.
hawaiiensis include collection and
storage of seed from both wild and
cultivated plants, propagation of plants
from seed that are planted into suitable
habitat off site, and quarterly monitoring
of plants to gauge the efficacy of
management actions. All known wild S.
hawaiiensis individuals are protected in
fenced enclosures and are monitored at
least annually. Seeds from wild and
propagated S. hawaiiensis plants have
been collected and stored, and hundreds
of propagated S. hawaiiensis
individuals have been outplanted at
PTA and in protected, off-site native
habitats. With partnering agencies, PTA
constructed 15 fenced units
encompassing all known wild
individuals of S. hawaiiensis in
addition to other high-priority species.
Combined, these units protect roughly
37,300 ac (15,095 ha) of predominantly
native forest from ungulates. Invasive
plants and rodents are also managed
within these areas. The INRMP
incorporates recommendations made in
a 2008 biological opinion to reduce fire
risk. For example, wildland fires caused
by military training activities are
minimized by managing vegetation
along a system of fuel breaks and by
controlling invasive grasses, which
function as fine fuels, in buffers around
S. hawaiiensis and other listed species.
Based on the above considerations,
and in accordance with section
4(a)(3)(B)(i) of the Act, we have
determined that the identified lands are
subject to the PTA INRMP and that
conservation efforts identified in the
INRMP will provide a conservation
benefit to S. hawaiiensis. Therefore,
lands within this installation are exempt
from critical habitat designation under
section 4(a)(3) of the Act. We are not
including approximately 22,730 ac
(9,198 ha) of S. hawaiiensis habitat in
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this proposed critical habitat
designation because of this exemption.
Consideration of Impacts Under Section
4(b)(2) of the Act
Section 4(b)(2) of the Act states that
the Secretary shall designate and make
revisions to critical habitat on the basis
of the best available scientific data after
taking into consideration the economic
impact, national security impact, and
any other relevant impact of specifying
any particular area as critical habitat.
The Secretary may exclude an area from
designated critical habitat based on
economic impacts, impacts on national
security, or any other relevant impacts.
Exclusion decisions are governed by the
regulations at 50 CFR 424.19 and the
Policy Regarding Implementation of
Section 4(b)(2) of the Endangered
Species Act (hereafter, the ‘‘2016
Policy’’; 81 FR 7226, February 11, 2016),
both of which were developed jointly
with the National Marine Fisheries
Service (NMFS). We also refer to a 2008
Department of the Interior Solicitor’s
opinion entitled ‘‘The Secretary’s
Authority to Exclude Areas from a
Critical Habitat Designation under
Section 4(b)(2) of the Endangered
Species Act’’ (M–37016). In a final rule,
we explain each decision to exclude
areas, as well as decisions not to
exclude, to demonstrate that the
decision is reasonable. Below, we
provide information on the areas we are
considering for exclusion.
In considering whether to exclude a
particular area from the designation, we
identify the benefits of including the
area in the designation, identify the
benefits of excluding the area from the
designation, and evaluate whether the
benefits of exclusion outweigh the
benefits of inclusion. If the analysis
indicates that the benefits of exclusion
outweigh the benefits of inclusion, the
Secretary may exercise discretion to
exclude the area only if such exclusion
would not result in the extinction of the
species. In making the determination to
exclude a particular area, the statute on
its face, as well as the legislative history,
are clear that the Secretary has broad
discretion regarding which factor(s) to
use and how much weight to give to any
factor. We describe below the process
that we are taking to consider each
category of impacts and our analyses of
the relevant impacts.
Consideration of Economic Impacts
Section 4(b)(2) of the Act and its
implementing regulations require that
we consider the economic impact that
may result from a designation of critical
habitat. To assess the probable
economic impacts of a designation, we
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must first evaluate specific land uses or
activities and projects that may occur in
the area of the critical habitat. We then
must evaluate the impacts that a specific
critical habitat designation may have on
restricting or modifying specific land
uses or activities for the benefit of the
species and its habitat within the areas
proposed. We then identify which
conservation efforts may be the result of
the species being listed under the Act
versus those attributed solely to the
designation of critical habitat for the
particular species. The probable
economic impact of a proposed critical
habitat designation is analyzed by
comparing scenarios both ‘‘with critical
habitat’’ and ‘‘without critical habitat.’’
The ‘‘without critical habitat’’
scenario represents the baseline for the
analysis, which includes the existing
regulatory and socio-economic burden
imposed on landowners, managers, or
other resource users potentially affected
by the designation of critical habitat
(e.g., under the Federal listing as well as
other Federal, State, and local
regulations). Therefore, the baseline
represents the costs of all efforts
attributable to the listing of the species
under the Act (i.e., conservation of the
species and its habitat incurred
regardless of whether critical habitat is
designated). The ‘‘with critical habitat’’
scenario describes the incremental
impacts associated specifically with the
designation of critical habitat for the
species. The incremental conservation
efforts and associated impacts would
not be expected without the designation
of critical habitat for the species. In
other words, the incremental costs are
those attributable solely to the
designation of critical habitat, above and
beyond the baseline costs. These are the
costs we use when evaluating the
benefits of inclusion and exclusion of
particular areas from the final
designation of critical habitat should we
choose to conduct a discretionary
4(b)(2) exclusion analysis.
Executive Orders (E.O.s) 12866 and
13563 direct Federal agencies to assess
the costs and benefits of available
regulatory alternatives in quantitative
(to the extent feasible) and qualitative
terms. Consistent with the E.O.
regulatory analysis requirements, our
effects analysis under the Act may take
into consideration impacts to both
directly and indirectly affected entities,
where practicable and reasonable. If
sufficient data are available, we assess
to the extent practicable the probable
impacts to both directly and indirectly
affected entities. Section 3(f) of E.O.
12866 identifies four criteria for when a
regulation is considered a ‘‘significant’’
rulemaking, and requires additional
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analysis, review, and approval if met.
The criterion relevant here is whether
the designation of critical habitat may
have an economic effect of $100 million
or more in any given year (section
3(f)(1)). Therefore, our consideration of
economic impacts uses a screening
analysis to assess whether a designation
of critical habitat for the 12 Hawai1i
species is likely to exceed the
economically significant threshold.
For this particular designation, we
developed an incremental effects
memorandum (IEM) considering the
probable incremental economic impacts
that may result from this proposed
designation of critical habitat. The
information contained in our IEM was
then used to develop a screening
analysis of the probable effects of the
designation of critical habitat for the 12
Hawai1i species (Industrial Economics,
Incorporated 2022). We began by
conducting a screening analysis of the
proposed designation of critical habitat
in order to focus our analysis on the key
factors that are likely to result in
incremental economic impacts. The
purpose of the screening analysis is to
filter out particular geographic areas of
critical habitat that are already subject
to such protections and are, therefore,
unlikely to incur incremental economic
impacts. In particular, the screening
analysis considers baseline costs (i.e.,
absent critical habitat designation) and
includes any probable incremental
economic impacts where land and water
use may already be subject to
conservation plans, land management
plans, best management practices, or
regulations that protect the habitat area
as a result of the Federal listing status
of the species. Ultimately, the screening
analysis allows us to focus our analysis
on evaluating the specific areas or
sectors that may incur probable
incremental economic impacts as a
result of the designation. The presence
of the listed species in occupied areas
of critical habitat means that any
destruction or adverse modification of
those areas is also likely to jeopardize
the continued existence of the species.
Therefore, designating occupied areas as
critical habitat typically causes little if
any incremental impacts above and
beyond the impacts of listing the
species. Therefore, the screening
analysis focuses on areas of unoccupied
critical habitat. If there are any
unoccupied units in the proposed
critical habitat designation, the
screening analysis assesses whether any
additional management or conservation
efforts may incur incremental economic
impacts. This screening analysis
combined with the information
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contained in our IEM constitute what
we consider to be our draft economic
analysis (DEA) of the proposed critical
habitat designation for the 12 Hawai1i
Island species; our DEA is summarized
in the narrative below.
As part of our screening analysis, we
considered the types of economic
activities that are likely to occur within
the areas likely affected by the critical
habitat designation. In our evaluation of
the probable incremental economic
impacts that may result from the
proposed designation of critical habitat
for the 12 Hawai1i Island species, first
we identified, in the IEM dated
November 20, 2022, probable
incremental economic impacts
associated with conservation activities
with a Federal nexus that aim to
enhance survival or recovery of any of
the 12 Hawai1i Island species. We
considered the Federal involvement in
these activities. Critical habitat
designation generally will not affect
activities that do not have any Federal
involvement; under the Act, designation
of critical habitat only affects activities
conducted, funded, permitted, or
authorized by Federal agencies. In areas
where any of these 12 species are
present, Federal agencies would be
required to consult with the Service
under section 7 of the Act on activities
they fund, permit, or implement that
may affect the species. If we also
finalize this proposed critical habitat
designation, Federal agencies would be
required to consider the effects of their
actions on the designated habitat, and if
the Federal action may affect critical
habitat, our consultations would
include an evaluation of measures to
avoid the destruction or adverse
modification of critical habitat.
In our IEM, we attempted to clarify
the distinction between the effects that
would result from the species being
listed and those attributable to the
critical habitat designation (i.e.,
difference between the jeopardy and
adverse modification standards). The
following specific circumstances in this
case help to inform our evaluation: (1)
The essential physical or biological
features identified for critical habitat are
the same features essential for the life
requisites of the species, and (2) any
actions that would likely adversely
affect the essential physical or biological
features of occupied critical habitat are
also likely to adversely affect any one of
the 12 Hawai1i Island species. The IEM
outlines our rationale concerning this
limited distinction between baseline
conservation efforts and incremental
impacts of the designation of critical
habitat for these species. This
evaluation of the incremental effects has
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been used as the basis to evaluate the
probable incremental economic impacts
of this proposed designation of critical
habitat.
The proposed critical habitat
designation for the 12 Hawai1i Island
species includes 20 distinct areas,
subdivided into 40 units, totaling
approximately 122,277 ac (49,484 ha).
Lands within the designation are under
Federal (26 percent), State (67 percent)
and private/other (7 percent) ownership.
All units except one were occupied by
one or more species at the time of
listing. The single proposed unoccupied
unit (Schiedea hawaiiensis—Section 19)
is not expected to result in incremental
costs. We evaluated the proposed DoD
activities in the PTA adjacent to this
proposed unit and rendered a ‘‘no
jeopardy’’ biological opinion (Service
2013, entire). That biological opinion
included conservation measures that
address the risk of wildland fires as a
result of the Federal proposed action,
and as such, we do not expect that the
designation of Section 19 as critical
habitat adjacent to the PTA will result
in the need for additional conservation
measures. Overall, the incremental costs
of designating critical habitat for the 12
Hawai1i Island species are likely to be
limited to additional administrative
effort in conducting the adverse
modification analysis. This additional
administrative effort will be part of
those section 7 consultations already
required because of the Federal action’s
effects to listed species.
The additional administrative effort
associated with considering adverse
modification during the section 7
consultation process was estimated
using data regarding level of effort
needed in past consultations, including
efforts to provide technical assistance to
Federal agencies short of requiring
consultation, as well as efforts involving
informal and formal consultation. We
estimate up to six requests for technical
assistance, one informal consultation,
and two formal consultations annually
over the next 10 years. The maximum
annual cost associated with these
consultations is estimated not to exceed
$48,000 (2022 dollars). Therefore, the
annual administrative burden is highly
unlikely to exceed $100 million or be
considered economically significant.
In many instances, critical habitat
designation is not likely to change our
recommendation for project
modification during future
consultations. However, in some
instances, we may recommend
modifications associated specifically
with minimizing adverse effects in order
to avoid activities that may result in a
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determination of destruction or adverse
modification of critical habitat.
For activities with a Federal nexus
that would involve entry into critical
habitat that is susceptible to rapid 1o¯hi1a
death (ROD), we anticipate
recommending disinfecting gear to limit
the transmission of fungal pathogens
associated with rapid 1o¯hi1a death and
limiting access into pristine areas. ROD
disinfecting protocols are part of best
practices promoted by the Service and
widely adopted by other agencies and
conservation organizations. Therefore,
the recommendations are unlikely to
result in incremental costs because they
are already part of standard protocols
absent critical habitat.
In unpredictable cases, a Federal
agency may need to act in response to
volcanic activity to save human lives
and would subsequently consult with
the Service under emergency
consultation provisions. Under those
circumstances, we may determine that
the emergency response may adversely
modify critical habitat and recommend
restoration activities to address the
damage to habitat that would not be
undertaken absent critical habitat. If
time allows, the Service may also be
involved in designing the emergency
response in order to consider the
potential for effects on critical habitat,
for example, for emergency access road
placement. Data are not available to
forecast costs associated with
modifications to or restoration activities
following emergency response efforts
during volcanic activity. Even if
historical costs were available, the
incremental costs associated with any
given emergency response activity are
likely to vary widely and be highly factand context-specific.
The probable incremental economic
impacts of the critical habitat
designations for the 12 Hawai1i Island
species are expected to be limited to
additional administrative effort as well
as minor costs of conservation efforts
resulting from a small number of future
section 7 consultations. This limited
incremental economic impact is due to
two factors: (1) A large portion (94
percent) of the proposed critical habitat
is occupied by one or more of the 12
Hawai1i Island species, and incremental
economic impacts of critical habitat
designation, other than administrative
costs, are unlikely; and (2) in proposed
areas that are not occupied by the 12
Hawai1i Island species (6 percent), no
actions are anticipated that would result
in a need for section 7 consultation or
associated project modifications. At
approximately $30,000 or less per
consultation, the burden resulting from
the designation of critical habitat for the
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12 Hawai1i Island species, based on the
anticipated annual number of
consultations and associated
consultation costs, is not expected to
exceed a total of $48,000 in most years,
across all affected parties, including the
Service and other Federal agencies, and
any other involved party. These costs
incorporate requests for technical
assistance and informal and formal
consultation. We are not aware of any
State or local regulations that would add
additional requirements to private
activities as a result of the Federal
designation of critical habitat. Thus, the
annual administrative burden is low.
Although we do not anticipate
incremental costs outside of the section
7 consultation process, additional
incremental costs may occur if
landowners or buyers perceive that the
designation of critical habitat will
restrict land or water use activities in
some way and, therefore, lower the
value or use of the land. Although we
acknowledge the potential for these
types of speculation-based costs, the
likelihood of these potential future
effects is uncertain, and data with
which to estimate incremental costs are
unavailable. Similarly, there may be
economic impacts associated with the
perceived beneficial effects of critical
habitat on land values. However, the
likelihood and magnitude of those such
effects are also uncertain.
In summary, while the specific costs
of critical habitat designation for the 12
Hawai1i Island species are subject to
uncertainty, it is unlikely that if adopted
as proposed, the rulemaking will
generate costs exceeding $100 million in
a single year. Therefore, this proposed
rule is unlikely to meet the threshold for
an economically significant rule, with
regard to costs, under E.O. 12866.
We are soliciting data and comments
from the public on the DEA discussed
above. During the development of a
final designation, we will consider the
information presented in the DEA and
any additional information on economic
impacts we receive during the public
comment period to determine whether
any specific areas should be excluded
from the final critical habitat
designation under authority of section
4(b)(2), our implementing regulations at
50 CFR 424.19, and the 2016 policy. We
may exclude an area from critical
habitat if we determine that the benefits
of excluding the area outweigh the
benefits of including the area, provided
the exclusion will not result in the
extinction of this species.
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Consideration of National Security
Impacts
Section 4(a)(3)(B)(i) of the Act may
not cover all DoD lands or areas that
pose potential national-security
concerns (e.g., a DoD installation that is
in the process of revising its INRMP for
a newly listed species or a species
previously not covered). If a particular
area is not covered under section
4(a)(3)(B)(i), then national-security or
homeland-security concerns are not a
factor in the process of determining
what areas meet the definition of
‘‘critical habitat.’’ However, the Service
must still consider impacts on national
security, including homeland security,
on those lands or areas not covered by
section 4(a)(3)(B)(i) because section
4(b)(2) requires the Service to consider
those impacts whenever it designates
critical habitat. Accordingly, if DoD,
Department of Homeland Security
(DHS), or another Federal agency has
requested exclusion based on an
assertion of national-security or
homeland-security concerns, or we have
otherwise identified national-security or
homeland-security impacts from
designating particular areas as critical
habitat, we generally have reason to
consider excluding those areas.
However, we cannot automatically
exclude requested areas. When DoD,
DHS, or another Federal agency requests
exclusion from critical habitat on the
basis of national-security or homelandsecurity impacts, we must conduct an
exclusion analysis if the Federal
requester provides information,
including a reasonably specific
justification of an incremental impact
on national security that would result
from the designation of that specific
area as critical habitat. That justification
could include demonstration of
probable impacts, such as impacts to
ongoing border-security patrols and
surveillance activities, or a delay in
training or facility construction, as a
result of compliance with section 7(a)(2)
of the Act. If the agency requesting the
exclusion does not provide us with a
reasonably specific justification, we will
contact the agency to recommend that it
provide a specific justification or
clarification of its concerns relative to
the probable incremental impact that
could result from the designation. If we
conduct an exclusion analysis because
the agency provides a reasonably
specific justification or because we
decide to exercise the discretion to
conduct an exclusion analysis, we will
defer to the expert judgment of DoD,
DHS, or another Federal agency as to:
(1) Whether activities on its lands or
waters, or its activities on other lands or
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waters, have national-security or
homeland-security implications; (2) the
importance of those implications; and
(3) the degree to which the cited
implications would be adversely
affected in the absence of an exclusion.
In that circumstance, in conducting a
discretionary section 4(b)(2) exclusion
analysis, we will give great weight to
national-security and homeland-security
concerns in analyzing the benefits of
exclusion.
Under section 4(b)(2) of the Act, we
also consider whether a national
security or homeland security impact
might exist on lands owned or managed
by DoD or DHS. In preparing this
proposal, we have determined that,
other than the land exempted under
section 4(a)(3)(B)(i) of the Act based
upon the existence of an approved
INRMP (see Exemptions, above), the
lands within the proposed designation
of critical habitat for the 12 Hawai1i
Island species are not owned or
managed by DoD or DHS. Therefore, we
anticipate no impact on national
security or homeland security.
Consideration of Other Relevant
Impacts
Under section 4(b)(2) of the Act, we
consider any other relevant impacts, in
addition to economic impacts and
impacts on national security discussed
above. To identify other relevant
impacts that may affect the exclusion
analysis, we consider a number of
factors, including whether there are
permitted conservation plans covering
the species in the area—such as habitat
conservation plans (HCPs), safe harbor
agreements (SHAs), or candidate
conservation agreements with
assurances (CCAAs)—or whether there
are non-permitted conservation
agreements and partnerships that may
be impaired by designation of, or
exclusion from, critical habitat. In
addition, we look at whether Tribal
conservation plans or partnerships,
Tribal resources, or government-togovernment relationships of the United
States with Tribal entities may be
affected by the designation; we consider
whether applicable conservation plans
or partnerships with the Native
Hawaiian community may be affected
by the designation. We also consider
any State, local, social, or other impacts
that might occur because of the
designation.
When analyzing other relevant
impacts of including a particular area in
a designation of critical habitat, we
weigh those impacts relative to the
conservation value of the particular
area. To determine the conservation
value of designating a particular area,
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we consider a number of factors,
including, but not limited to, the
additional regulatory benefits that the
area would receive due to the protection
from destruction or adverse
modification as a result of actions with
a Federal nexus, the educational
benefits of mapping essential habitat for
recovery of the listed species, and any
benefits that may result from a
designation due to State or Federal laws
that may apply to critical habitat.
In the case of the 12 Hawai1i Island
species, the benefits of critical habitat
include public awareness of the
presence of these species and the
importance of habitat protection, and,
where a Federal nexus exists, increased
habitat protection for these species due
to protection from destruction or
adverse modification of critical habitat.
Continued implementation of an
ongoing management plan that provides
conservation equal to or more than the
protections that result from a critical
habitat designation would reduce those
benefits of including that specific area
in the critical habitat designation. After
identifying the benefits of inclusion and
the benefits of exclusion, we carefully
weigh the two sides to evaluate whether
the benefits of exclusion outweigh those
of inclusion. If our analysis indicates
that the benefits of exclusion outweigh
the benefits of inclusion, we then
determine whether exclusion would
result in extinction of the species. If
exclusion of an area from critical habitat
will result in extinction, we will not
exclude it from the designation.
Watershed Partnerships
An important factor for our decision
to consider an area for proposed
exclusion is whether the landowner
participates in a watershed partnership.
In 2003, the State of Hawaii formally
established the Hawai1i Association of
Watershed Partnerships, which consists
of more than 60 public and private
landowners throughout the State, who
are committed to long-term protection
and conservation of watershed areas.
These watershed partnerships each have
a conservation management plan that is
updated every several years to include
measurable objectives and a budget.
Financial support for the watershed
partnerships include various long-term
State funds and other Federal and
private sources. Of the 10 watershed
partnerships in operation, 3 have lands
within the proposed critical habitat
designation: Kohala Watershed
Alliance, Mauna Kea Watershed
Alliance, and Three Mountain Alliance.
These watershed partnerships fund and
conduct conservation efforts, including
ungulate control and removal, and
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invasive weed management, that
support the 12 Hawai1i Island species.
Private or Other Non-Federal
Conservation Plans Related to Permits
Under Section 10 of the Act
HCPs for incidental take permits
under section 10(a)(1)(B) of the Act
provide for partnerships with nonFederal entities to minimize and
mitigate impacts to listed species and
their habitats. In some cases, HCP
permittees agree to do more for the
conservation of the species and their
habitats on private lands than
designation of critical habitat would
provide alone. We place great value on
the partnerships that are developed
during the preparation and
implementation of HCPs.
CCAAs and SHAs are voluntary
agreements designed to conserve
candidate and listed species,
respectively, on non-Federal lands. In
exchange for actions that contribute to
the conservation of species on nonFederal lands, participating property
owners are covered by an ‘‘enhancement
of survival’’ permit under section
10(a)(1)(A) of the Act, which authorizes
incidental take of the covered species
that may result from implementation of
conservation actions, specific land uses,
and, in the case of SHAs, the option to
return to a baseline condition under the
agreements. We also provide enrollees
assurances that we will not impose
further land-, water-, or resource-use
restrictions, or require additional
commitments of land, water, or
finances, beyond those agreed to in the
agreements.
When we undertake a discretionary
section 4(b)(2) exclusion analysis based
on permitted conservation plans (such
as CCAAs, SHAs, and HCPs), we
anticipate consistently excluding such
areas if incidental take caused by the
activities in those areas is covered by
the permit under section 10 of the Act
and the CCAA/SHA/HCP meets all of
the following three factors (see the 2016
Policy for additional details):
a. The permittee is properly
implementing the CCAA/SHA/HCP and
is expected to continue to do so for the
term of the agreement. A CCAA/SHA/
HCP is properly implemented if the
permittee is and has been fully
implementing the commitments and
provisions in the CCAA/SHA/HCP,
implementing agreement, and permit.
b. The species for which critical
habitat is being designated is a covered
species in the CCAA/SHA/HCP, or very
similar in its habitat requirements to a
covered species. The recognition that
the Services extend to such an
agreement depends on the degree to
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which the conservation measures
undertaken in the CCAA/SHA/HCP
would also protect the habitat features
of the similar species.
c. The CCAA/SHA/HCP specifically
addresses that species’ habitat and
meets the conservation needs of the
species in the planning area.
The proposed critical habitat
designation includes areas that are
covered by a permitted plan providing
for the conservation of the 12 Hawai1i
Island species, as discussed below.
Safe Harbor Agreement Trustees of
the Estate of Bernice P. Bishop, DBA
Kamehameha Schools Keauhou and
Kı¯lauea Forest Lands Hawai1i Island,
Hawai1i (Kamehameha Schools
Keauhou and Kı¯lauea Forest Lands Safe
Harbor Agreement), June 2017—The
permit holder for this SHA is
Kamehameha Schools. Kamehameha
Schools was established in 1887,
through the will of Princess Bernice
Pauahi Paki Bishop. Kamehameha
Schools owns over 362,000 ac (146,496
ha) of land throughout Hawai1i, and part
of Kamehameha Schools’ mission is to
protect Hawai1i’s environment through
recognition of the significant cultural
value of this land and its unique flora
and fauna. In 2017, the SHA was
approved by the Service and Hawai1i
Department of Land and Natural
Resources for the Kamehameha School’s
Keauhou and Kı¯lauea Forest lands,
which comprise 32,280 ac (13,063 ha)
on the east slope of Mauna Loa Volcano,
on the island of Hawai1i. Under the
SHA, koa (Acacia koa) tree silviculture
will be conducted, including stand
improvement through selective harvest
and establishment of new or
improvement of existing forest in
formerly logged areas and degraded
pasture lands (Kamehameha Schools
2017, pp. 22–23). The conservation
actions of Kamehameha Schools benefit
habitat for Cyanea tritomantha,
Cyrtandra wagneri, Phyllostegia
floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae, and Drosophila
digressa by promoting forest
regeneration, which increases soil-water
retention capacity and improves
ecosystem resilience to drying climate
conditions; controlling feral ungulates,
which reduces trampling of and
predation on these plants, including the
host plants of Drosophila digressa;
controlling weeds, which improves
recruitment of native trees, including
those that host Drosophila digressa; and
taking actions that reduce the incidence
of fire, which benefits forest habitat for
these species by minimizing damage to
that habitat by wildfire.
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Non-Permitted Conservation Plans,
Agreements, or Partnerships
We sometimes exclude specific areas
from critical habitat designations based
in part on the existence of private or
other non-Federal conservation plans or
agreements and their attendant
partnerships. A conservation plan or
agreement describes actions that are
designed to provide for the conservation
needs of a species and its habitat, and
may include actions to reduce or
mitigate negative effects on the species
caused by activities on or adjacent to the
area covered by the plan. Conservation
plans or agreements can be developed
by private entities with no Service
involvement, or in partnership with the
Service.
Shown below is a non-exhaustive list
of factors that we consider in evaluating
how non-permitted plans or agreements
affect the benefits of inclusion or
exclusion. These are not required
elements of plans or agreements. Rather,
they are some of the factors we may
consider, and not all of these factors
apply to every plan or agreement.
(i) The degree to which the record of
the plan, or information provided by
proponents of an exclusion, supports a
conclusion that a critical habitat
designation would impair the
realization of the benefits expected from
the plan, agreement, or partnership.
(ii) The extent of public participation
in the development of the conservation
plan.
(iii) The degree to which agency
review and required determinations
(e.g., State regulatory requirements)
have been completed, as necessary and
appropriate.
(iv) Whether National Environmental
Policy Act (NEPA; 42 U.S.C. 4321 et
seq.) compliance was required.
(v) The demonstrated implementation
and success of the chosen mechanism.
(vi) The degree to which the plan or
agreement provides for the conservation
of the essential physical or biological
features for the species.
(vii) Whether there is a reasonable
expectation that the conservation
management strategies and actions
contained in a management plan or
agreement will be implemented.
(viii) Whether the plan or agreement
contains a monitoring program and
adaptive management to ensure that the
conservation measures are effective and
can be modified in the future in
response to new information.
The proposed critical habitat
designation includes areas that are
covered by the following non-permitted
management plans providing for the
conservation of the 12 Hawai1i Island
species:
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18787
¯ ina Pauahi
Kamehameha Schools 1A
Natural Resources Management
Program—Kamehameha Schools owns
over 362,000 ac (146,496 ha) of land
throughout Hawai1i. Part of
Kamehameha Schools’ mission is to
protect Hawai1i’s environment through
recognition of the significant cultural
value of this land and its unique flora
and fauna. Accordingly, Kamehameha
Schools established a sustainable
stewardship policy to guide the use of
¯ ina Pauahi
its lands through their 1A
Natural Resources Management Program
that includes the protection and
conservation of natural resources, water
resources, and ancestral places
(Kamehameha Schools 2022, entire).
Additionally, Kamehameha Schools is a
member of the Mauna Kea Watershed
Alliance and the Three Mountain
Alliance. Between 2000 and 2015,
Kamehameha Schools increased active
stewardship of native ecosystems by
over 35-fold, from 3,000 ac (1,124 ha) to
136,000 ac (55,037 ha); engaged in
community collaborations to leverage
external resources in support of
culturally appropriate land stewardship;
and developed and implemented its
2012 natural resource and cultural
resource management plans
representing Kamehameha Schools’
responsibility to conduct prudent
stewardship of the 1a¯ina (land).
Kamehameha Schools manages some of
its forested lands for income generation
through sustainable koa and 1iliahi or
sandalwood (Santalum album) forestry
and collaborates with county and other
landowners in fire response planning to
protect natural resources from fires. The
conservation actions of Kamehameha
Schools benefits habitat for Bidens
hillebrandiana ssp. hillebrandiana,
Cyanea tritomantha, Cyrtandra wagneri,
Melicope remyi, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, Stenogyne
cranwelliae, and Drosophila digressa by
promoting forest regeneration, which
increases soil-water retention capacity
and improves ecosystem resilience to
drying climate conditions; controlling
feral ungulates, which reduces
trampling of and predation on these
plants, including the host plants of
Drosophila digressa; and controlling
weeds, which improves recruitment of
native trees for all these species. Fire
suppression under this program benefits
the coastal forest habitat where Bidens
hillebrandiana ssp. hillebrandiana
occurs by minimizing damage to this
habitat by wildfire.
Mauna Kea Watershed Alliance—The
Mauna Kea Watershed Alliance
Watershed Partnership is a coalition of
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private and public landowners and
supporting agencies working to protect
and restore watershed areas on Mauna
Kea Volcano, Hawai1i (Mauna Kea
Watershed Alliance 2022, entire). Lands
that are managed by the Mauna Kea
Watershed Alliance include over
500,000 ac (202,343 ha) on Mauna Kea
Volcano on the island of Hawai1i. The
Mauna Kea Watershed Alliance’s shared
vision is to protect and enhance
watershed ecosystems, biodiversity, and
natural resources through responsible
management while promoting economic
sustainability and providing
recreational, subsistence, educational,
and research opportunities. Staff of the
Mauna Kea Watershed Alliance work
cooperatively with members of the
alliance to achieve this shared vision.
Accordingly, fencing and ungulate
control, control of introduced plants
that are invasive, and reforestation
efforts are conducted on lands within
the Mauna Kea Watershed Alliance
(Stewart 2010, p. viii). Ungulate control
benefits habitat for Cyanea tritomantha,
Cyrtandra wagneri, Melicope remyi,
Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae and
Drosophila digressa by reducing
trampling of and predation on these
plants, including the host plants of
Drosophila digressa, leading to
improved forest regeneration. Nonnative
plant control improves recruitment of
native trees, including host plants of
Drosophila digressa, and reforestation
provides greater areas of native plant
associations that contribute to habitat
and increases soil-water retention
capacity, improving ecosystem
resilience to drying climate conditions.
Parker Ranch Sustainable Forestry
Initiative—Parker Ranch was founded in
1847, and currently encompasses over
100,000 ac (40,469 ha) of land in the
Ha¯ma¯kua, North Kohala, and South
Kohala Districts on Mauna Kea and the
Kohala Mountains on the island of
Hawai1i. Parker Ranch recognizes forest
health as a key indicator of overall
ecosystem health and, as result,
announced in 2021 that it is seeking to
collaborate with public and private
partners to develop sustainable forestry
programs on its lands (Parker Ranch
2021, entire). In 2018, Parker Ranch also
hired a forestry manager to sustainably
manage their forest lands (Parker Ranch
2021, pers. comm.). For its Waipunalei
lands on the east slope of Mauna Kea,
Parker Ranch is developing a
sustainable koa forestry program and is
seeking to rehabilitate forest areas
damaged by history of cattle grazing
(Parker Ranch 2022, pers. comm.). For
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its Waiemi lands on the Kohala
Mountains, Parker Ranch is providing
essential access and support to the State
Department of Land and Natural
Resources for priority watershed
projects in Pu1u o Umi Natural Area
Reserve and is supporting erosion
control efforts above Pelekane Bay
(Parker Ranch 2021, entire).
Additionally, Parker Ranch is a member
of the Mauna Kea Watershed Alliance.
Koa forestry benefits forest habitat used
by Cyanea tritomantha, Cyrtandra
wagneri, Melicope remyi, Phyllostegia
floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae, and Drosophila
digressa by establishing new or
improved forest in formerly logged areas
and degraded pasture lands, increasing
soil-water retention capacity, and
improving ecosystem resilience to
drying climate conditions through
control of feral ungulates and weed
control that improves recruitment of
native trees, including the host plants of
Drosophila digressa.
Kohala Watershed Partnership and
the Kohala Mountain Watershed
Management Plan, December 2007—
The Kohala Watershed Partnership is a
coalition of private and public
landowners and supporting agencies
whose goal is to show improvements in
water and environmental quality by
enabling comprehensive and sustainable
watershed management projects that
address the threats to the watershed,
while maintaining its integrity and
protecting its economic, socio-cultural,
and ecological resources (Kohala
Watershed Partnership [KWP] 2007, p.
3). Lands that are managed by Kohala
Mountain Watershed Management Plan
include approximately 68,000 ac
(27,519 ha) of forest and grass lands on
the windward and leeward slopes of the
Kohala Volcano on the island of Hawai1i
(KWP 2007, p. 3). Conservation
measures of this plan benefit habitat for
Bidens hillebrandiana ssp.
hillebrandiana, Cyanea tritomantha,
Melicope remyi, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, and Stenogyne
cranwelliae by promoting native forest
and shrubland regeneration and
increasing soil-water retention capacity
through control of feral ungulates and
weed control that improves recruitment
of native trees and shrubs. Wildfire
management and response benefits
coastal forest, forest, and shrubland
habitats used by these species by
minimizing damage to these habitats by
fire (KWP 2007, pp. 62–82).
Three Mountain Alliance
Management Plan, December 31, 2007—
The Three Mountain Alliance
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Watershed Partnership is a coalition of
private and public landowners and
supporting agencies that are working to
protect and restore watershed areas on
Hawai1i Island (Three Mountain
Alliance Management Plan [TMA] 2007,
entire). Lands that are managed by the
Three Mountain Alliance are 1,116,300
ac (451,751 ha) on Mauna Loa, Kı¯lauea,
and Huala¯lai Volcanoes or roughly 45
percent of the island of Hawai1i. Project
funding for the Three Mountain
Alliance currently comes from Three
Mountain Alliance members (primarily
the Service, Hawai1i’s Division of
Forestry and Wildlife, and Kamehameha
Schools) and outside grants. Other
Three Mountain Alliance members
provide in-kind services to accomplish
priority projects, for example, inmate
labor or sharing personnel and
equipment (TMA 2007, p. 56).
Management under the Three Mountain
Alliance Management Plan includes the
following conservation actions: (1)
strategic fencing and removal of
ungulates; (2) regular monitoring for
ungulates after fencing; (3) monitoring
of habitat recovery; (4) surveys for rare
taxa prior to new fence installations; (5)
invasive, nonnative plant control; (6)
reestablishment of native plant species;
and (7) activities to reduce the threat of
wildfire. Ungulate control reduces
damage to native forests, including to
host plants of Drosophila digressa;
control of nonnative, invasive plants
and out-planting of native plants,
including host plants of Drosophila
digressa, improves recruitment of native
trees; and fire suppression activities
reduce the damage from wildfires to
habitats used by Cyanea marksii,
Cyanea tritomantha, Cyrtandra wagneri,
Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae, and
Drosophila digressa.
The Nature Conservancy Forest
Stewardship Management Plan for the
Kona Hema Preserve—The Nature
Conservancy Kona Hema Preserve was
established in 1999, in the South Kona
District of the island of Hawai1i and is
comprised of 8,076 ac (3,268 ha) in four
management units. The management
program for Kona Hema Preserve is
documented in The Nature
Conservancy’s Forest Stewardship
Management Plan for the Kona Hema
Preserve, which details management
measures to protect, restore, and
enhance rare plants and animals and
their habitats within the preserve and in
adjacent areas (The Nature Conservancy
2017, entire). Primary management
goals for the Kona Hema Preserve are to:
(1) prevent degradation of native forest
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and shrubland by reducing feral
ungulate damage; (2) improve or
maintain the integrity of native
ecosystems in selected areas of the
preserve by reducing the effects of
nonnative plants; (3) conduct small
mammal control and reduce the
negative impacts of small mammals
where possible; (4) monitor and track
the biological and physical resources in
the preserve, evaluate changes in these
resources over time, and encourage
biological and environmental research;
(5) prevent extinction of rare species in
the preserve; (6) build public
understanding and support for the
preservation of natural areas, and enlist
volunteer assistance for preserve
management; and (7) protect the
resources from fires in and around the
preserve (Giffin 2017, pp. 25–45). The
Nature Conservancy is also a member of
the Three Mountain Alliance. The
conservation actions of The Nature
Conservancy’s Kona Hema Preserve
benefit habitat for Cyanea marksii,
Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae, and
Drosophila digressa by improved forest
regeneration through control of feral
ungulates, weed control that improves
18789
these species, allowing surveys or
monitoring of these species and their
habitats, or taking steps to protect and
increase numbers of these species that
occur on their properties.
Specific benefits of conservation
management and our rationale for
considering exclusion are described
below and summarized in table 7,
below. Of the 40 proposed units, we are
considering portions of six areas for
exclusion under section 4(b)(2) of the
Act, based on permitted and nonpermitted plans and agreements. These
areas total 4,224 ac (1,710 ha). We
welcome any information regarding
planning documents or other
information we may have overlooked
pertaining to the areas we are
considering for exclusion and areas we
are not considering for exclusion. We
will work with landowners throughout
this proposed rule’s public comment
period (see DATES, above) and during
development of the final designation of
critical habitat for the 12 Hawai1i Island
species. We seek comments on whether
the existing management and
conservation efforts of landowners meet
our criteria for exclusion from the final
designation under section 4(b)(2) of the
Act.
recruitment of native trees, including
host plants of Drosophila digressa, and
small mammal control (particularly rats
(Rattus spp.), which reduces the
potential for seed predation by rats on
those plant species). Wildfire
management and response also benefits
forest habitat for Cyanea marksii,
Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae, and
Drosophila digressa by minimizing
damage to these habitats by wildfire.
After considering the factors
described above, we have identified the
areas that we have reason to consider
excluding from the final designation of
critical habitat because of non-permitted
plans, agreements, or partnerships. Our
consideration of an area for exclusion is
based on all non-permitted plans,
agreements, and/or partnerships for the
area and the overall benefit these
planning documents and associated
conservation actions provide for the
protection, maintenance, enhancement,
and/or restoration of habitat for the 12
Hawai1i Island species. In all cases, we
are considering excluding areas from the
final designation where private
landowners are actively participating in
the restoration or management of
habitats essential to conservation of
TABLE 7—AREAS CONSIDERED FOR EXCLUSION BY CRITICAL HABITAT UNIT
Plant section and
unit
Drosophila unit
Area owned that is being
considered for exclusion
Landowner
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Acres
Associated plans and agreements
Hectares
Section 1, Unit 52 ...
Unit 1 ......................
Kamehameha
Schools.
155
63
Section 1, Unit 52 ...
Unit 1 ......................
Parker Ranch
Waipunalei, LLC.
402
163
Section 2, Unit 53 ...
.................................
Kamehameha
Schools.
33
13
Section 2, Unit 53 ...
.................................
Laupa¯hoehoe Nui ...
134
54
Section 3, Unit 54 ...
.................................
35
14
Section 3, Unit 54 ...
.................................
State Department of
Hawaiian Home
Lands.
Kahua Ranch ..........
604
245
Section 3, Unit 54 ...
.................................
Kamehameha
Schools.
177
72
Section 3, Unit 54 ...
.................................
Laupa¯hoehoe Nui ...
134
54
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Kamehameha Schools 1A¯ina Pauahi Natural Resources Management Program;
Mauna Kea Watershed Alliance;
Mauna Kea Watershed Management
Plan, April 2010.
Parker Ranch’s Sustainable Forestry Initiative; Mauna Kea Watershed Alliance.
Kamehameha Schools 1A¯ina Pauahi Natural Resources Management Program;
Kohala Watershed Partnership; Kohala
Mountain Watershed Management
Plan, December 2007.
Kohala Watershed Partnership; Kohala
Mountain Watershed Management
Plan, December 2007.
Kohala Watershed Partnership; Kohala
Mountain Watershed Management
Plan, December 2007.
Kohala Watershed Partnership; Kohala
Mountain Watershed Management
Plan, December 2007.
Kamehameha Schools 1A¯ina Pauahi Natural Resources Management Program;
Kohala Watershed Partnership; Kohala
Mountain Watershed Management
Plan, December 2007.
Kohala Watershed Partnership; Kohala
Mountain Watershed Management
Plan, December 2007.
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TABLE 7—AREAS CONSIDERED FOR EXCLUSION BY CRITICAL HABITAT UNIT—Continued
Plant section and
unit
Drosophila unit
Area owned that is being
considered for exclusion
Landowner
Acres
Section 3, Unit 54 ...
.................................
Parker Ranch
Waiemi, LLC.
349
141
Section 3, Unit 54 ...
.................................
Queen Emma Foundation.
474
192
Section 8, Unit 44 ...
.................................
Kamehameha
Schools.
649
263
Section 11, Unit 51
Unit 2 ......................
Kamehameha
Schools.
92
37
Section 13, Unit 41
Unit 5 ......................
The Nature Conservancy.
986
399
.................................
.................................
4,224
1,710
Totals ...............
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Associated plans and agreements
Hectares
Cyanea tritomantha, Cyrtandra
wagneri, Melicope remyi, Phyllostegia
floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae—Section 1 and
Drosophila digressa—Unit 1;
Kamehameha Schools—The
Kamehameha Schools own 155 ac (63
ha) of land included in the proposed
designation for the plant species within
Section 1 and Drosophila digressa—
Unit 1. Conservation management
activities on these lands include those
associated with the Kamehameha
¯ ina Pauahi Natural Resources
Schools 1A
Management Program, the Mauna Kea
Watershed Alliance, and the Mauna Kea
Watershed Management Plan, April
2010. For more information on the
conservation actions of these groups and
¯ ina
plans, see Kamehameha Schools 1A
Pauahi Natural Resources Management
Program and Mauna Kea Watershed
Alliance, above. As described above, the
conservation actions of Kamehameha
Schools benefit habitat for Cyanea
tritomantha, Cyrtandra wagneri,
Melicope remyi, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, Stenogyne
cranwelliae, and Drosophila digressa.
Based on Kamehameha Schools’
¯ ina
management of its lands under the 1A
Pauahi Natural Resources Management
Program; Mauna Kea Watershed
Management Plan, April 2010; and
Mauna Kea Watershed Alliance, we are
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considering excluding 155 ac (63 ha) of
Kamehameha Schools lands within
Section 1, Unit 52 and Drosophila
digressa—Unit 1 from the final
designation.
Cyanea tritomantha, Cyrtandra
wagneri, Melicope remyi, Phyllostegia
floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae—Section 1 and
Drosophila digressa—Unit 1; Parker
Ranch Waipunalei, LLC—Parker Ranch
owns 950 ac (384 ha) of land included
in the proposed designation for the
plant species within Section 1, of which
402 ac (163 ha) are within newly
proposed critical habitat unit 52 and
Drosophila digressa—Unit 1. We are not
considering for exclusion the remaining
portions of the 950 ac (384 ha) because
these lands overlap existing critical
habitat units. Conservation management
activities on these 402 acres include
those associated with Parker Ranch’s
Sustainable Forestry Initiative and
Mauna Kea Watershed Alliance. For
more information on the conservation
actions of these groups and their plans,
see Parker Ranch’s Sustainable Forestry
Initiative and Mauna Kea Watershed
Alliance, above. As described above, the
conservation measures of Parker Ranch,
through its Sustainable Forestry
Initiative, benefit habitat for Cyanea
tritomantha, Cyrtandra wagneri,
Melicope remyi, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea
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Parker Ranch’s Sustainable Forestry Initiative; Kohala Mountain Watershed
Management Plan, December 2007.
Kohala Watershed Partnership; Kohala
Mountain Watershed Management
Plan, December 2007.
Kamehameha Schools 1A¯ina Pauahi Natural Resources Management Program;
Three Mountain Alliance Management
Plan, December 31, 2007.
Kamehameha Schools 1A¯ina Pauahi Natural Resources Management Program;
the Three Mountain Alliance Management Plan, December 31, 2007; Safe
Harbor Agreement Trustees of the Estate of Bernice P. Bishop, Kamehameha Schools Keauhou and Kı¯lauea
Forest Lands Safe Harbor Agreement,
June 2017.
Forest Stewardship Management Plan
for The Kona Hema Preserve; Three
Mountain Alliance Management Plan,
December 31, 2007.
diffusa ssp. macraei, Stenogyne
cranwelliae, and Drosophila digressa.
Based on Parker Ranch’s management,
Parker Ranch’s Sustainable Forestry
Initiative and participation in the
Mauna Kea Watershed Alliance, we are
considering excluding 402 acres of the
Parker Ranch’s lands within Section 1
and Drosophila digressa—Unit 1 from
the final designation.
Bidens hillebrandiana ssp.
hillebrandiana—Section 2;
Kamehameha Schools—The
Kamehameha Schools owns 33 ac (13
ha) of land included in the proposed
designation for Bidens hillebrandiana
ssp. hillebrandiana within Section 2.
Conservation management activities on
these lands include those associated
¯ ina
with the Kamehameha Schools 1A
Pauahi Natural Resources Management
Program, Kohala Watershed Partnership,
and the Kohala Mountain Watershed
Management Plan, December 2007. For
more information on the conservation
actions of these groups and plans, see
¯ ina Pauahi
Kamehameha Schools 1A
Natural Resources Management
Program and Kohala Watershed
Partnership and Kohala Mountain
Watershed Management Plan, above. As
described above, the conservation
actions of Kamehameha Schools benefit
habitat for Bidens hillebrandiana ssp.
hillebrandiana.
Based on Kamehameha Schools’
¯ ina
management of its lands under the 1A
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Pauahi Natural Resources Management
Program; Kohala Mountain Watershed
Management Plan, December 2007; and
Kohala Watershed Partnership, we are
considering excluding Kamehameha
Schools lands within Section 2 from the
final designation.
Bidens hillebrandiana ssp.
hillebrandiana—Section 2;
Laupa¯hoehoe Nui, LLC—Laupa¯hoehoe
Nui, LLC owns 134 ac (54 ha) of land
included in the proposed designation
for Bidens hillebrandiana ssp.
hillebrandiana within Section 2.
Conservation management activities on
these lands include those associated
with the Kohala Watershed Partnership
and the Kohala Mountain Watershed
Management Plan, December 2007.
Laupa¯hoehoe Nui, LLC, is a private
corporation with a conservation land
management purpose. Laupa¯hoehoe
Nui, LLC, is a member of the Kohala
Watershed Partnership. For more
information on the conservation actions
of the Kohala Watershed Partnership,
see Kohala Watershed Partnership and
the Kohala Mountain Watershed
Management Plan, above. The
conservation measures of Laupa¯hoehoe
Nui, LLC, through the Kohala Mountain
Watershed Management Plan benefit
habitat used by Bidens hillebrandiana
ssp. hillebrandiana as described above
under Kohala Watershed Partnership
and the Kohala Mountain Watershed
Management Plan, December 2007.
Based on Laupa¯hoehoe Nui, LLC’s
management of its lands under the
Kohala Mountain Watershed
Management Plan, December 2007, and
the Kohala Watershed Partnership, we
are considering excluding Laupa¯hoehoe
Nui, LLC, lands within Section 2 from
the final designation.
Cyanea tritomantha, Melicope remyi,
Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae—
Section 3; Department of Hawaiian
Home Lands—The Department of
Hawaiian Home Lands owns 35 ac (14
ha) of land included in the proposed
designation for the plant species within
Section 3. Conservation management
activities on these lands include those
under Kohala Watershed Partnership
and the Kohala Mountain Watershed
Management Plan, December 2007.
The Department of Hawaiian Home
Lands is a member of the Kohala
Watershed Partnership. For more
information on the conservation actions
of the Kohala Watershed Partnership,
see Kohala Watershed Partnership and
the Kohala Mountain Watershed
Management Plan, above. The
conservation measures of the
Department of Hawaiian Home Lands
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through the Kohala Mountain
Watershed Management Plan benefit
habitat used by Cyanea tritomantha,
Melicope remyi, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, and Stenogyne
cranwelliae as described above under
Kohala Watershed Partnership and the
Kohala Mountain Watershed
Management Plan, December 2007.
Based on the Department of Hawaiian
Home Lands’ management of its lands
under the Kohala Mountain Watershed
Management Plan, December 2007, and
the Kohala Watershed Partnership, we
are considering excluding lands of the
Department of Hawaiian Home Lands
within Section 3 from the final
designation.
Cyanea tritomantha, Melicope remyi,
Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae—
Section 3; Kahua Ranch—Kahua Ranch
owns 604 ac (245 ha) of land included
in the proposed designation for the
plant species within Section 3.
Conservation management activities on
these lands include those under Kohala
Watershed Partnership and the Kohala
Mountain Watershed Management Plan,
December 2007.
Founded in 1928 by Atherton
Richards, Kahua Ranch focused on
cattle ranching activities. In addition to
cattle ranch farming, Kahua Ranch also
engages in tourism, which includes allterrain vehicle (ATV) riding, horseback
riding, and renting facilities for events.
Kahua Ranch is a member of the Kohala
Watershed Partnership. For more
information on the conservation actions
of the Kohala Watershed Partnership,
see Kohala Watershed Partnership and
the Kohala Mountain Watershed
Management Plan, December 2007,
above. Kahua Ranch, Kohala Watershed
Partnership, and volunteers established
the 270 ac (109 ha) Pu1u Pili
Biodiversity Preserve (The Kohala
Center 2019, p. 3), which includes 262
ac (106 ha) of this area considered for
exclusion. The conservation measures of
Kahua Ranch through the Kohala
Mountain Watershed Management Plan
benefit habitat used by Cyanea
tritomantha, Melicope remyi,
Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, and Stenogyne cranwelliae as
described above under Kohala
Watershed Partnership and the Kohala
Mountain Watershed Management Plan,
December 2007.
Based on the Kahua Ranch’s
management of its lands under the
Kohala Mountain Watershed
Management Plan, December 2007, and
the Kohala Watershed Partnership, we
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are considering excluding Kahua Ranch
lands within Section 3 from the final
designation.
Cyanea tritomantha, Melicope remyi,
Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae—
Section 3; Kamehameha Schools—The
Kamehameha Schools own 177 ac (72
ha) of land included in the proposed
designation for the plant species within
Section 3. Conservation management
activities on these lands include those
associated with the Kamehameha
¯ ina Pauahi Natural Resources
Schools 1A
Management Program, Kohala
Watershed Partnership, and the Kohala
Mountain Watershed Management Plan,
December 2007. For more information
on the conservation actions of these
groups and plans, see Kamehameha
¯ ina Pauahi Natural Resources
Schools 1A
Management Program and Kohala
Watershed Partnership and the Kohala
Mountain Watershed Management Plan,
above. As described above, the
conservation actions of Kamehameha
Schools benefit habitat for Cyanea
tritomantha, Melicope remyi,
Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, and Stenogyne cranwelliae.
Based on Kamehameha Schools’
¯ ina
management of its lands under the 1A
Pauahi Natural Resources Management
Program; Kohala Mountain Watershed
Management Plan, December 2007; and
Kohala Watershed Partnership, we are
considering excluding Kamehameha
Schools lands within Section 3 from the
final designation.
Cyanea tritomantha, Melicope remyi,
Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae—
Section 3; Laupa¯hoehoe Nui, LLC—
Laupa¯hoehoe Nui, LLC, owns 134 ac (54
ha) of land included in the proposed
designation for the plant species within
Section 3. Conservation management
activities on these lands include those
associated with the Kohala Watershed
Partnership and the Kohala Mountain
Watershed Management Plan, December
2007.
Laupa¯hoehoe Nui, LLC, is a private
corporation with a conservation land
management purpose. Laupa¯hoehoe
Nui, LLC, is a member of the Kohala
Watershed Partnership. For more
information on the conservation actions
of these groups and their plans, see
Kohala Watershed Partnership and the
Kohala Mountain Watershed
Management Plan, December 2007,
above. Laupa¯hoehoe Nui, LLC, and the
Kohala Watershed Partnership protected
2,000 ac (809 ha) at Upper Laupa¯hoehoe
Nui Watershed Reserve, which includes
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important aquifer recharge areas on
Kohala Mountain, globally rare montane
bog ecosystems, seabird nesting areas,
and rare and endangered native plants
(The Kohala Center 2019, p. 3); all 134
ac (54 ha) of this considered exclusion
are within this protected area. The
conservation measures of Laupa¯hoehoe
Nui, LLC, through the Kohala Mountain
Watershed Management Plan benefit
habitat for Cyanea tritomantha,
Melicope remyi, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, and Stenogyne
cranwelliae as described above under
Kohala Watershed Partnership and the
Kohala Mountain Watershed
Management Plan.
Based on Laupa¯hoehoe Nui, LLC’s
management of its lands under the
Kohala Mountain Watershed
Management Plan, December 2007, and
the Kohala Watershed Partnership, we
are considering excluding Laupa¯hoehoe
Nui, LLC, lands within Section 3 from
the final designation.
Cyanea tritomantha, Melicope remyi,
Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae—
Section 3; Parker Ranch Waiemi, LLC—
Parker Ranch owns 349 ac (141 ha) of
land included in the proposed
designation for the plant species within
Section 3. Conservation management
activities on these lands include those
associated with Parker Ranch’s
Sustainable Forestry Initiative and the
Kohala Mountain Watershed
Management Plan, December 2007. For
more information on the conservation
actions of these groups and their plans,
see Parker Ranch Sustainable Forestry
Initiative and Kohala Watershed
Partnership and the Kohala Mountain
Watershed Management Plan, above.
Parker Ranch provides essential
access and support to the State
Department of Land and Natural
Resources to install and maintain
priority watershed projects in Pu1u o
Umi Natural Area Reserve. The
conservation measures of Parker Ranch
through its Sustainable Forestry
Initiative benefit habitat for Cyanea
tritomantha, Melicope remyi,
Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, and Stenogyne cranwelliae as
described above under Parker Ranch
Sustainable Forestry Initiative and
Kohala Watershed Partnership and the
Kohala Mountain Watershed
Management Plan.
Based on Parker Ranch’s management,
Parker Ranch’s Sustainable Forestry
Initiative, and their participation in the
Kohala Watershed Partnership, we are
considering excluding Parker Ranch’s
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lands within Section 3 from the final
designation.
Cyanea tritomantha, Melicope remyi,
Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae—
Section 3; Queen Emma Foundation—
The Queen Emma Foundation owns 474
ac (192 ha) of land included in the
proposed designation for the plant
species within Section 3. Conservation
management activities on these lands
include those under Kohala Watershed
Partnership and the Kohala Mountain
Watershed Management Plan, December
2007.
The Queen Emma Foundation is a
nonprofit subsidiary of The Queen’s
Health Systems and manages more than
12,000 ac (4,856 ha) on the islands of
O1ahu and Hawai1i. The lands were
handed down in trust by the Queen
upon her death in 1885. The Queen
Emma Foundation is a member of the
Kohala Watershed Partnership. For
more information on the conservation
actions of the Kohala Watershed
Partnership, see Kohala Watershed
Partnership and the Kohala Mountain
Watershed Plan, December 2007, above.
The Queen Emma Foundation and
Kohala Watershed Partnership
implemented the Pelekane Bay
Watershed Restoration Project on
approximately 2,300 ac (930 ha) of
Queen Emma Foundation lands, of
which approximately 100 ac (40 ha) are
within the area of this considered
exclusion. The conservation measures of
the Queen Emma Foundation through
the Kohala Watershed Partnership
benefit habitat used by Cyanea
tritomantha, Melicope remyi,
Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp.
macraei, and Stenogyne cranwelliae as
described above under Kohala
Watershed Partnership and the Kohala
Mountain Watershed Management Plan,
December 2007.
Based on the Queen Emma
Foundation’s management of its lands
under the Kohala Mountain Watershed
Management Plan, December 2007, and
the Kohala Watershed Partnership, we
are considering excluding Queen Emma
Foundation lands within Section 3 from
the final designation.
Cyanea tritomantha, Cyrtandra
wagneri, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae—Section 8;
Kamehameha Schools—The
Kamehameha Schools own 649 ac (263
ha) of land included in the proposed
designation for the plant species within
Section 8. Conservation management
activities on these lands include those
associated with the Kamehameha
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¯ ina Pauahi Natural Resources
Schools 1A
Management Program and the Three
Mountain Alliance Management Plan,
December 31, 2007. For more
information on the conservation actions
of these groups and their plans, see
¯ ina Pauahi
Kamehameha Schools 1A
Natural Resources Management
Program and the Three Mountain
Alliance Management Plan, December
31, 2007, above. As described above, the
conservation actions of Kamehameha
Schools benefit habitat for Cyanea
tritomantha, Cyrtandra wagneri,
Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, and Stenogyne
cranwelliae.
Based on Kamehameha Schools’
¯ ina
management of its lands under the 1A
Pauahi Natural Resources Management
Program; Three Mountain Alliance
Management Plan, December 31, 2007;
and Three Mountain Alliance
membership, we are considering
excluding Kamehameha Schools lands
within Section 8 from the final
designation.
Cyanea tritomantha, Cyrtandra
wagneri, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, Stenogyne
cranwelliae—Section 11 and Drosophila
digressa—Unit 2; Kamehameha
Schools—The Kamehameha Schools
own 92 ac (37 ha) of land included in
the proposed designation the plant
species within Section 11 and
Drosophila digressa—Unit 2.
Conservation management activities on
these lands include those associated
¯ ina
with the Kamehameha Schools 1A
Pauahi Natural Resources Management
Program; the Three Mountain Alliance
Management Plan, December 31, 2007;
and the Safe Harbor Agreement Trustees
of the Estate of Bernice P. Bishop, DBA
Kamehameha Schools Keauhou and
Kı¯lauea Forest Lands Hawai1i Island,
Hawai1i (Kamehameha Schools Keauhou
and Kı¯lauea Forest Lands Safe Harbor
Agreement), June 2017. For more
information on the conservation actions
of these groups and plans, see
¯ ina Pauahi
Kamehameha Schools 1A
Natural Resources Management
Program; Three Mountain Alliance
Management Plan, December 31, 2007;
and Safe Harbor Agreement Trustees of
the Estate of Bernice P. Bishop, DBA
Kamehameha Schools Keauhou and
Kı¯lauea Forest Lands Hawai1i Island,
Hawai1i (Kamehameha Schools
Keauhou and Kı¯lauea Forest Lands Safe
Harbor Agreement), June 2017, above.
As described above, the conservation
actions of Kamehameha Schools benefit
habitat for Cyanea tritomantha,
Cyrtandra wagneri, Phyllostegia
floribunda, Pittosporum hawaiiense,
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Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae, and Drosophila
digressa.
Based on Kamehameha Schools’
¯ ina
management of its lands under the 1A
Pauahi Natural Resources Management
Program; Three Mountain Alliance
Management Plan, December 31, 2007;
and Kamehameha Schools Keauhou and
Kı¯lauea Forest Lands Safe Harbor
Agreement, we are considering
excluding Kamehameha Schools lands
within Section 11 and Drosophila
digressa—Unit 2 from the final
designation.
Cyanea marksii, Phyllostegia
floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae—Section 13 and
Drosophila digressa—Unit 5; The
Nature Conservancy—The Nature
Conservancy owns 986 ac (399 ha) of
land included in the proposed
designation for the plant species within
Section 13 and Drosophila digressa—
Unit 5. Conservation management
activities on these lands include those
associated with the Forest Stewardship
Management Plan for The Kona Hema
Preserve and the Three Mountain
Alliance Management Plan, December
31, 2007. For more information on the
conservation actions of these groups and
their plans, see The Nature Conservancy
Forest Stewardship Management Plan
for the Kona Hema Preserve and Three
Mountain Alliance Management Plan,
December 31, 2007, above. As described
above, the conservation actions of The
Nature Conservancy’s Kona Hema
Preserve benefit habitat for Cyanea
marksii, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, Stenogyne
cranwelliae, and Drosophila digressa.
Based on The Nature Conservancy’s
management of the Kona Hema Preserve
under the Forest Stewardship
Management Plan for The Kona Hema
Preserve and the Three Mountain
Alliance Management Plan, December
31, 2007, we are considering excluding
The Nature Conservancy’s Kona Hema
Preserve lands within Section 13 and
Drosophila digressa—Unit 5 from the
final designation.
We will continue to work with all
entities identified above throughout this
proposed rule’s public comment period
(see DATES, above) and during
development of the final designation of
critical habitat for the 12 species. We are
currently seeking comment on whether
the existing management and
conservation efforts of each area
identified above meet our criteria for
exclusion from the final designation
under section 4(b)(2) of the Act.
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Summary of Exclusions Considered
Under Section 4(b)(2) of the Act
In conclusion, we have reason to
consider excluding the areas described
in table 7, above, under section 4(b)(2)
of the Act from the final critical habitat
designation for the 12 species based on
other relevant impacts.
We specifically solicit comments on
the inclusion or exclusion of such areas.
However, if through this proposed rule’s
public comment period we receive
information that we determine indicates
that there are potential economic,
national security, or other relevant
impacts from designating particular
areas as critical habitat, then as part of
developing the final designation of
critical habitat, we will evaluate that
information and may conduct a
discretionary exclusion analysis to
determine whether to exclude those
areas under the authority of section
4(b)(2) of the Act and our implementing
regulations at 50 CFR 424.19. If we
receive a request for exclusion of a
particular area and after evaluation of
supporting information we do not
exclude, we will fully describe our
decision in the final rule for this action.
Required Determinations
Clarity of the Rule
We are required by Executive Orders
(E.O.s) 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 ADDRESSES. To
better help us revise the rule, your
comments should be as specific as
possible. For example, you should tell
us the numbers of the sections or
paragraphs that are unclearly written,
which sections or sentences are too
long, the sections where you feel lists or
tables would be useful, etc.
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs (OIRA) in the Office of
Management and Budget will review all
significant rules. OIRA has determined
that this rule is not significant.
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Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the Nation’s
regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
Executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this proposed rule in a manner
consistent with these requirements.
Regulatory Flexibility Act (5 U.S.C. 601
et seq.)
Under the Regulatory Flexibility Act
(RFA; 5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory
Enforcement Fairness Act of 1996
(SBREFA; 5 U.S.C. 801 et seq.),
whenever an agency is required to
publish a notice of rulemaking for any
proposed or final rule, it must prepare
and make available for public comment
a regulatory flexibility analysis that
describes the effects of the rule on small
entities (i.e., small businesses, small
organizations, and small government
jurisdictions). However, no regulatory
flexibility analysis is required if the
head of the agency certifies the rule will
not have a significant economic impact
on a substantial number of small
entities. The SBREFA amended the RFA
to require Federal agencies to provide a
certification statement of the factual
basis for certifying that the rule will not
have a significant economic impact on
a substantial number of small entities.
According to the Small Business
Administration, small entities include
small organizations such as
independent nonprofit organizations;
small governmental jurisdictions,
including school boards and city and
town governments that serve fewer than
50,000 residents; and small businesses
(13 CFR 121.201). Small businesses
include manufacturing and mining
concerns with fewer than 500
employees, wholesale trade entities
with fewer than 100 employees, retail
and service businesses with less than $5
million in annual sales, general and
heavy construction businesses with less
than $27.5 million in annual business,
special trade contractors doing less than
$11.5 million in annual business, and
agricultural businesses with annual
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sales less than $750,000. To determine
whether potential economic impacts to
these small entities are significant, we
considered the types of activities that
might trigger regulatory impacts under
this designation as well as types of
project modifications that may result. In
general, the term ‘‘significant economic
impact’’ is meant to apply to a typical
small business firm’s business
operations.
Under the RFA, as amended, and as
understood in light of recent court
decisions, Federal agencies are required
to evaluate the potential incremental
impacts of rulemaking on those entities
directly regulated by the rulemaking
itself; in other words, the RFA does not
require agencies to evaluate the
potential impacts to indirectly regulated
entities. The regulatory mechanism
through which critical habitat
protections are realized is section 7 of
the Act, which requires Federal
agencies, in consultation with the
Service, to ensure that any action
authorized, funded, or carried out by the
agency is not likely to destroy or
adversely modify critical habitat.
Therefore, under section 7, only Federal
action agencies are directly subject to
the specific regulatory requirement
(avoiding destruction and adverse
modification) imposed by critical
habitat designation. Consequently, it is
our position that only Federal action
agencies would be directly regulated if
we adopt the proposed critical habitat
designation. The RFA does not require
evaluation of the potential impacts to
entities not directly regulated.
Moreover, Federal agencies are not
small entities. Therefore, because no
small entities would be directly
regulated by this rulemaking, the
Service certifies that, if made final as
proposed, the proposed critical habitat
designation will not have a significant
economic impact on a substantial
number of small entities.
In summary, we have considered
whether the proposed designation
would result in a significant economic
impact on a substantial number of small
entities. For the above reasons and
based on currently available
information, we certify that, if made
final, the proposed critical habitat
designation would not have a significant
economic impact on a substantial
number of small business entities.
Therefore, an initial regulatory
flexibility analysis is not required.
Energy Supply, Distribution, or Use—
Executive Order 13211
Executive Order 13211 (Actions
Concerning Regulations That
Significantly Affect Energy Supply,
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Distribution, or Use) requires agencies
to prepare statements of energy effects
when undertaking certain actions. In
our draft economic analysis, we did not
find that this proposed critical habitat
designation would significantly affect
energy supplies, distribution, or use.
The proposed critical habitat units are
in remote wilderness areas that are not
used for energy generation. Therefore,
this action is not a significant energy
action, and no Statement of Energy
Effects is required.
Unfunded Mandates Reform Act (2
U.S.C. 1501 et seq.)
In accordance with the Unfunded
Mandates Reform Act (2 U.S.C. 1501 et
seq.), we make the following finding:
(1) This proposed rule would not
produce a Federal mandate. In general,
a Federal mandate is a provision in
legislation, statute, or regulation that
would impose an enforceable duty upon
State, local, or Tribal governments, or
the private sector, and includes both
‘‘Federal intergovernmental mandates’’
and ‘‘Federal private sector mandates.’’
These terms are defined in 2 U.S.C.
658(5)–(7). ‘‘Federal intergovernmental
mandate’’ includes a regulation that
‘‘would impose an enforceable duty
upon State, local, or Tribal
governments’’ with two exceptions. It
excludes ‘‘a condition of Federal
assistance.’’ It also excludes ‘‘a duty
arising from participation in a voluntary
Federal program,’’ unless the regulation
‘‘relates to a then-existing Federal
program under which $500,000,000 or
more is provided annually to State,
local, and Tribal governments under
entitlement authority,’’ if the provision
would ‘‘increase the stringency of
conditions of assistance’’ or ‘‘place caps
upon, or otherwise decrease, the Federal
Government’s responsibility to provide
funding,’’ and the State, local, or Tribal
governments ‘‘lack authority’’ to adjust
accordingly. At the time of enactment,
these entitlement programs were:
Medicaid; Aid to Families with
Dependent Children work programs;
Child Nutrition; Food Stamps; Social
Services Block Grants; Vocational
Rehabilitation State Grants; Foster Care,
Adoption Assistance, and Independent
Living; Family Support Welfare
Services; and Child Support
Enforcement. ‘‘Federal private sector
mandate’’ includes a regulation that
‘‘would impose an enforceable duty
upon the private sector, except (i) a
condition of Federal assistance or (ii) a
duty arising from participation in a
voluntary Federal program.’’
The designation of critical habitat
does not impose a legally binding duty
on non-Federal Government entities or
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private parties. Under the Act, the only
regulatory effect is that Federal agencies
must ensure that their actions are not
likely to destroy or adversely modify
critical habitat under section 7. While
non-Federal entities that receive Federal
funding, assistance, or permits, or that
otherwise require approval or
authorization from a Federal agency for
an action, may be indirectly impacted
by the designation of critical habitat, the
legally binding duty to avoid
destruction or adverse modification of
critical habitat rests squarely on the
Federal agency. Furthermore, to the
extent that non-Federal entities are
indirectly impacted because they
receive Federal assistance or participate
in a voluntary Federal aid program, the
Unfunded Mandates Reform Act would
not apply, nor would critical habitat
shift the costs of the large entitlement
programs listed above onto State
governments.
(2) We do not believe that this
proposed rule would significantly or
uniquely affect small governments.
Small governments would be affected
only to the extent that any programs
having Federal funds, permits, or other
authorized activities must ensure that
their actions will not adversely affect
the critical habitat. Therefore, a Small
Government Agency Plan is not
required.
Takings—Executive Order 12630
In accordance with E.O. 12630
(Government Actions and Interference
with Constitutionally Protected Private
Property Rights), we have analyzed the
potential takings implications of
designating critical habitat for the 12
Hawai1i Island species in a takings
implications assessment. The Act does
not authorize the Service to regulate
private actions on private lands or
confiscate private property as a result of
critical habitat designation. Designation
of critical habitat does not affect land
ownership, or establish any closures, or
restrictions on use of or access to the
designated areas. Furthermore, the
designation of critical habitat does not
affect landowner actions that do not
require Federal funding or permits, nor
does it preclude development of habitat
conservation programs or issuance of
incidental take permits to permit actions
that do require Federal funding or
permits to go forward. However, Federal
agencies are prohibited from carrying
out, funding, or authorizing actions that
would destroy or adversely modify
critical habitat. A takings implications
assessment has been completed for the
proposed designation of critical habitat
for 12 Hawai1i Island species, and it
concludes that, if adopted, this
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designation of critical habitat does not
pose significant takings implications for
lands within or affected by the
designation.
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Federalism—Executive Order 13132
In accordance with E.O. 13132
(Federalism), this proposed rule does
not have significant federalism effects.
A federalism summary impact statement
is not required. In keeping with
Department of the Interior and
Department of Commerce policy, we
requested information from, and
coordinated development of this
proposed critical habitat designation
with, appropriate State resource
agencies. From a federalism perspective,
the designation of critical habitat
directly affects only the responsibilities
of Federal agencies. The Act imposes no
other duties with respect to critical
habitat, either for States and local
governments, or for anyone else. As a
result, the proposed rule does not have
substantial direct effects either on the
States, or on the relationship between
the Federal government and the States,
or on the distribution of powers and
responsibilities among the various
levels of government. The proposed
designation may have some benefit to
these governments because the areas
that contain the features essential to the
conservation of the species are more
clearly defined, and the physical or
biological features of the habitat
necessary for the conservation of the
species are specifically identified. This
information does not alter where and
what federally sponsored activities may
occur. However, it may assist State and
local governments in long-range
planning because they no longer have to
wait for case-by-case section 7
consultations to occur.
Where State and local governments
require approval or authorization from a
Federal agency for actions that may
affect critical habitat, consultation
under section 7(a)(2) of the Act would
be required. While non-Federal entities
that receive Federal funding, assistance,
or permits, or that otherwise require
approval or authorization from a Federal
agency for an action, may be indirectly
impacted by the designation of critical
habitat, the legally binding duty to
avoid destruction or adverse
modification of critical habitat rests
squarely on the Federal agency.
Civil Justice Reform—Executive Order
12988
In accordance with E.O. 12988 (Civil
Justice Reform), the Office of the
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Solicitor has determined that the
proposed rule would not unduly burden
the judicial system and that it meets the
requirements of sections 3(a) and 3(b)(2)
of the Order. We have proposed
designating critical habitat in
accordance with the provisions of the
Act. To assist the public in
understanding the habitat needs of the
species, this proposed rule identifies the
physical or biological features essential
to the conservation of the species. The
proposed areas of critical habitat are
presented on maps, and the proposed
rule provides several options for the
interested public to obtain more
detailed location information, if desired.
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.)
This rule does not contain
information collection requirements,
and a submission to the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) is not required.
We may not conduct or sponsor and you
are not required to respond to a
collection of information unless it
displays a currently valid OMB control
number.
National Environmental Policy Act (42
U.S.C. 4321 et seq.)
Regulations adopted pursuant to
section 4(a) of the Act are exempt from
the National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.) and do
not require an environmental analysis
under NEPA. We published a notice
outlining our reasons for this
determination in the Federal Register
on October 25, 1983 (48 FR 49244). This
includes listing, delisting, and
reclassification rules, as well as critical
habitat designations. In a line of cases
starting with Douglas County v. Babbitt,
48 F.3d 1495 (9th Cir. 1995), the courts
have upheld this position.
In accordance with the President’s
memorandum of April 29, 1994
(Government-to-Government Relations
with Native American Tribal
Governments; 59 FR 22951), E.O. 13175
(Consultation and Coordination with
Indian Tribal Governments), and the
Department of the Interior’s manual at
512 DM 2, we readily acknowledge our
responsibility to communicate
meaningfully with federally-recognized
Tribes on a government-to-government
basis. In accordance with Secretarial
Order 3206 of June 5, 1997 (American
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Indian Tribal Rights, Federal-Tribal
Trust Responsibilities, and the
Endangered Species Act), we readily
acknowledge our responsibilities to
work directly with Tribes in developing
programs for healthy ecosystems, to
acknowledge that Tribal lands are not
subject to the same controls as Federal
public lands, to remain sensitive to
Indian culture, and to make information
available to Tribes. We have determined
that no Tribal lands fall within the
boundaries of the proposed critical
habitat for the 12 Hawai1i Island species,
so no Tribal lands would be affected by
the proposed designation.
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 Fish
and Wildlife Service’s Species
Assessment Team and the Pacific
Islands Fish and Wildlife Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Plants, Reporting and
recordkeeping requirements,
Transportation, Wildlife.
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—ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
1. The authority citation for part 17
continues to read as follows:
■
Government-to-Government
Relationship With Tribes
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18795
Authority: 16 U.S.C. 1361–1407; 1531–
1544; and 4201–4245, unless otherwise
noted.
2. In § 17.11, in paragraph (h), amend
the table ‘‘List of Endangered and
Threatened Wildlife’’ by revising the
entry for ‘‘Fly, Hawaiian picture-wing’’
(Drosophila digressa) under INSECTS to
read as follows:
■
§ 17.11 Endangered and threatened
wildlife.
*
*
*
(h) * * *
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*
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Common name
*
Scientific name
*
*
*
*
Fly, Hawaiian picture-wing ...........
*
Where listed
*
INSECTS
*
Drosophila digressa ...
*
*
Wherever found .........
*
3. In § 17.12, in paragraph (h), amend
the table ‘‘List of Endangered and
Threatened Plants’’ by revising the
entries for ‘‘Bidens hillebrandiana ssp.
hillebrandiana’’, ‘‘Cyanea marksii’’,
‘‘Cyanea tritomantha’’, ‘‘Cyrtandra
■
Scientific name
*
Status
Listing citations and applicable rules
*
*
*
E ..............
*
78 FR 64638, 10/29/2013;
50 CFR 17.95(i).CH
*
nanawaleensis’’, ‘‘Cyrtandra wagneri’’,
‘‘Melicope remyi’’ (as added February 2,
2023, at 88 FR 7134, and effective May
3, 2023), ‘‘Phyllostegia floribunda’’,
‘‘Pittosporum hawaiiense’’, ‘‘Schiedea
diffusa ssp. macraei’’, ‘‘Schiedea
*
*
*
*
hawaiiensis’’, and ‘‘Stenogyne
cranwelliae’’ under FLOWERING PLANTS
to read as follows:
§ 17.12
*
Endangered and threatened plants.
*
*
(h) * * *
*
*
Common name
Where listed
Status
Listing citations and applicable rules
*
Kookoolau ..................
*
Wherever found .........
*
E ..............
*
*
78 FR 64638, 10/29/2013; 50 CFR
17.99(k).CH
*
*
Cyanea marksii .............................
*
Haha ..........................
*
Wherever found .........
*
E ..............
*
*
78 FR 64638, 10/29/2013; 50 CFR
17.99(k).CH
*
*
Cyanea tritomantha ......................
*
Aku .............................
*
Wherever found .........
*
E ..............
*
*
78 FR 64638, 10/29/2013; 50 CFR
17.99(k).CH
*
*
Cyrtandra nanawaleensis .............
*
Haiwale ......................
*
Wherever found .........
*
E ..............
*
*
78 FR 64638, 10/29/2013; 50 CFR
17.99(k).CH
*
*
Cyrtandra wagneri ........................
*
Haiwale ......................
*
Wherever found .........
*
E ..............
*
*
78 FR 64638, 10/29/2013; 50 CFR
17.99(k).CH
*
*
Melicope remyi .............................
*
No common name .....
*
Wherever found .........
*
E ..............
*
*
78 FR 64638, 10/29/2013; 50 CFR
17.99(k).CH
*
*
Phyllostegia floribunda .................
*
No common name .....
*
Wherever found .........
*
E ..............
*
*
78 FR 64638, 10/29/2013; 50 CFR
17.99(k).CH
*
*
Pittosporum hawaiiense ...............
*
Hoawa, haawa ...........
*
Wherever found .........
*
E ..............
*
*
78 FR 64638, 10/29/2013; 50 CFR
17.99(k).CH
*
*
Schiedea diffusa ssp. macraei .....
*
No common name .....
*
Wherever found .........
*
E ..............
*
*
78 FR 64638, 10/29/2013; 50 CFR
17.99(k).CH
*
*
Schiedea hawaiiensis ...................
*
Maolioli .......................
*
Wherever found .........
*
E ..............
*
*
78 FR 64638, 10/29/2013; 50 CFR
17.99(k).CH
*
*
Stenogyne cranwelliae .................
*
No common name .....
*
Wherever found .........
*
E ..............
*
*
78 FR 64638, 10/29/2013; 50 CFR
17.99(k).CH
FLOWERING PLANTS
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Bidens hillebrandiana ssp.
hillebrandiana.
*
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*
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4. In § 17.95, amend paragraph (i) by
adding an entry for ‘‘Hawaiian picturewing fly (Drosophila digressa)’’,
following the entry for ‘‘Hawaiian
picture-wing fly (Drosophila differens)’’
to read as follows:
■
§ 17.95
Critical habitat—fish and wildlife.
*
*
*
*
(i) * * *
Hawaiian picture-wing fly
(Drosophila digressa)
(1) Critical habitat units are depicted
for Hawaii County, Hawaii, on the maps
in this entry.
(2) Within these areas, the physical or
biological features essential to the
conservation of Hawaiian picture-wing
fly consist of the following components:
(i) In units 1, 2, 5, 6, 7, 8, and 9, the
physical or biological features essential
to the conservation of Hawaiian picturewing fly, which are the features of the
wet forest ecosystem, are:
(A) Elevation of less than 7,300 feet
(ft) (2,225 meters (m)).
(B) Annual precipitation that is
greater than 98 inches (in) (250
centimeters (cm)).
(C) Substrate of very weathered soils
to rocky substrate, basaltic lava,
undeveloped soils, or developed soils.
(D) Canopy contains one or more of
the following native plant genera:
Acacia, Antidesma, Cheirodendron,
Ilex, Melicope, Metrosideros, Myrsine,
Pittosporum, Psychotria.
(E) Subcanopy contains one or more
of the following native plant genera:
Cibotium, Clermontia, Coprosma,
Cyanea, Freycinetia, Hydrangea,
Vaccinium.
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(F) Understory contains one or more
of the following native plant genera:
Adenophorus, Cibotium, Cyrtandra,
Dicranopteris, Huperzia, Peperomia,
Stenogyne.
(ii) In unit 3, the physical or
biological features essential to the
conservation of Hawaiian picture-wing
fly, which are features of both the wet
forest ecosystem and the mesic forest
ecosystem, are the physical and
biological features described in
paragraph (2)(i)(A) through (F) of this
entry for units 1, 2, 5, 6, 7, 8, and 9, and
in paragraph (2)(iii)(A) through (F) of
this entry for unit 4.
(iii) In unit 4, the physical or
biological features essential to the
conservation of Hawaiian picture-wing
fly, which are features of the mesic
forest ecosystem, are:
(A) Elevation of less than 6,600 ft
(2,000 m).
(B) Annual precipitation of 39 to 150
in (100 to 380 cm).
(C) Substrate of rocky, shallow,
organic muck soils; rocky talus soils;
shallow soils over weathered rock; deep
soils over soft weathered rock; or
gravelly alluvium.
(D) Canopy contains one or more of
the following native plant genera:
Acacia, Antidesma, Charpentiera,
Chrysodracon, Metrosideros, Myrsine,
Nestegis, Pisonia, Santalum.
(E) Subcanopy contains one or more
of the following native plant genera:
Coprosma, Freycinetia, Leptecophylla,
Myoporum, Pipturus, Rubus, Sadleria,
Sophora.
(F) Understory contains one or more
of the following native plant genera:
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18797
Ctenitis, Doodia, Dryopteris, Pelea,
Sadleria.
(3) Existing humanmade features and
structures, such as buildings, aqueducts,
runways, roads, and other paved areas,
and the land on which they are located
existing within the legal boundaries are
not included in the critical habitat
designation.
(4) Data layers defining map units
were created based on summaries of
occurrences and landcover layers
including habitat characteristics that
indicate the physical or biological
features essential to the conservation of
the Hawaiian picture-wing fly.
Coordinates were created using World
Geodetic System 1984 (WGS84). The
maps in this entry, as modified by any
accompanying regulatory text, establish
the boundaries of the critical habitat
designation. The coordinates or plot
points or both on which each map is
based are available to the public at
https://www.regulations.gov at Docket
No. FWS–R1–ES–2023–0017, and at the
field office responsible for this
designation. You may obtain field office
location information by contacting one
of the Service regional offices, the
addresses of which are listed at 50 CFR
2.2.
(5) Index map follows:
BILLING CODE 4333–15–P
Figure 1 to Hawaiian picture-wing fly
(Drosophila digressa) paragraph (5)
Critical Habitat for Drosophila
digressa
Hawaii Island, HI
Index Map
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18798
(i) Drosophila digressa—Unit 2
consists of 32,091 ac (12,987 ha) of wet
forest ecosystem from Olaa to Upper
Waiakea on the eastern slope of Mauna
Loa and partially on the northern slope
of Kilauea Volcano. Lands within this
unit include approximately 7,877 ac
(3,188 ha) in Federal ownership, 23,898
ac (9,671 ha) in State ownership, and
316 ac (128 ha) in private or other
ownership. Federal lands in this unit
are within the Hawaii Volcanoes
National Park. State lands in this unit
are part of the Hilo Forest Reserve
Kukuau Section, Olaa Forest Reserve
Mountain View Section, Upper Waia¯kea
Forest Reserve, Waia¯kea Forest Reserve,
Puu Makaala Natural Area Reserve, and
Waiakea 1942 Lava Flow Natural Area
Reserve.
(ii) Map of Drosophila digressa—Unit
2 follows:
Figure 2 to Hawaiian picture-wing fly
(Drosophila digressa) paragraph (6)(ii)
Figure 3 to Hawaiian picture-wing fly
(Drosophila digressa) paragraph (7)(ii)
Critical Habitat for Drosophila
digressa
Critical Habitat for Drosophila
digressa
Hawaii Island, HI
Hawaii Island, HI
Unit 1
Unit 2
(7) Drosophila digressa—Unit 2,
Hawaii County, Hawaii.
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(8) Drosophila digressa—Unit 3,
Hawaii County, Hawaii.
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(i) Drosophila digressa—Unit 3
consists of 8,781 ac (3,554 ha) of wet
and mesic forest ecosystems at Kahuku
on the southern slopes of Mauna Loa.
Lands within this unit include
approximately 8,769 ac (3,549 ha) in
Federal ownership and 12 ac (5 ha) in
State ownership. Federal lands within
this unit are within Hawaii Volcanoes
National Park. State-owned lands in this
unit are part of the Ka1u¯ Forest Reserve.
(ii) Map of Drosophila digressa—Unit
3 follows:
Figure 4 to Hawaiian picture-wing fly
(Drosophila digressa) paragraph (8)(ii)
Critical Habitat for Drosophila
digressa
Hawaii Island, HI
Unit 3
(9) Drosophila digressa—Unit 4,
Hawaii County, Hawaii.
(i) Drosophila digressa—Unit 4
consists of 167 ac (67 ha) of mesic forest
ecosystem at Manuka on the southern
slopes of Mauna Loa. Lands within this
unit are entirely in State ownership and
are part of the Manuka Natural Area
Reserve.
(ii) Map of Drosophila digressa—Unit
4 follows:
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(6) Drosophila digressa—Unit 1,
Hawaii County, Hawaii.
(i) Drosophila digressa—Unit 1
consists of 16,272 ac (6,585 ha) of wet
forest ecosystem from Ookala to Maulua
Nui on the northeastern slope of
Maunakea. Lands within this unit
include approximately 4,097 ac (1,658
ha) in Federal ownership, 10,644 ac
(4,307 ha) in State ownership, and 1,531
ac (619 ha) in private or other
ownership. Federal lands within this
unit are within the Hakalau Forest
National Wildlife Refuge Hakalau Forest
Unit. State lands within this unit are
part of the Hilo Forest Reserve
Humuula, Laupahoehoe, and Piha
Sections; the Laupahoehoe Natural Area
Reserve; and the Manowaialee Forest
Reserve.
(ii) Map of Drosophila digressa—Unit
1 follows:
18799
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Figure 5 to Hawaiian picture-wing fly
(Drosophila digressa) paragraph (9)(ii)
Critical Habitat for Drosophila
digressa
Critical Habitat for Drosophila
digressa
Hawaii Island, HI
Unit 5, Unit 6, Unit 7, Unit 8, and Unit
9
Hawaii Island, HI
Unit 4
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(10) Drosophila digressa—Unit 5,
Hawaii County, Hawaii.
(i) Drosophila digressa—Unit 5
consists of 3,412 ac (1,381 ha) of wet
forest ecosystem from Kipahoehoe to
Honomalino on the southwestern slopes
of Mauna Loa. Lands within this unit
include approximately 411 ac (166 ha)
in State ownership and 3,001 ac (1,214
ha) in private or other ownership . Stateowned lands in this unit are part of the
Kipahoehoe Natural Area Reserve and
South Kona Forest Reserve KapuaManuka¯ Section. Some private lands are
owned by The Nature Conservancy,
within the Kona Hema Preserve.
(ii) Map of Drosophila digressa—Unit
5, Drosophila digressa—Unit 6,
Drosophila digressa—Unit 7, Drosophila
digressa—Unit 8, and Drosophila
digressa—Unit 9 follows:
Figure 6 to Hawaiian picture-wing fly
(Drosophila digressa) paragraph
(10)(ii)
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(11) Drosophila digressa—Unit 6,
Hawaii County, Hawaii.
(i) Drosophila digressa—Unit 6
consists of 1,399 ac (566 ha) of wet
forest ecosystem in Kipahoehoe on the
southwestern slopes of Mauna Loa.
Lands within this unit include
approximately 1,395 ac (565 ha) in State
ownership and 4 ac (2 ha) in private or
other ownership. State-owned lands in
this unit are managed by the State of
Hawaii as part of the Kipahoehoe
Natural Area Reserve.
(ii) Map of Drosophila digressa—Unit
6 is provided at paragraph (10)(ii) of this
entry.
(12) Drosophila digressa—Unit 7,
Hawaii County, Hawaii.
(i) Drosophila digressa—Unit 7
consists of 1,346 ac (545 ha) of wet
forest ecosystem from Kukuiopae to
Olelomoana on the southwestern slopes
of Mauna Loa. Lands within this unit
include approximately 1,202 ac (486 ha)
in State ownership and 144 ac (58 ha)
in private or other ownership. State-
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owned lands in this unit are part of the
South Kona Forest Reserve Kukuiopae
Section.
(ii) Map of Drosophila digressa—Unit
7 is provided at paragraph (10)(ii) of this
entry.
(13) Drosophila digressa—Unit 8,
Hawaii County, Hawaii.
(i) Drosophila digressa—Unit 8
consists of 661 ac (267 ha) of wet forest
ecosystem in Kaohe on the
southwestern slopes of Mauna Loa.
Lands within this unit include
approximately 353 ac (143 ha) in State
ownership and 308 ac (125 ha) in
private or other ownership. State-owned
lands in this unit are part of the South
Kona Forest Reserve, Kaohe Section and
Kukuiopae Section.
(ii) Map of Drosophila digressa—Unit
8 is provided at paragraph (10)(ii) of this
entry.
(14) Drosophila digressa—Unit 9,
Hawaii County, Hawaii.
(i) Drosophila digressa—Unit 9
consists of 1,906 ac (771 ha) of wet
forest ecosystem in Hookena on the
southwestern slopes of Mauna Loa.
Lands within this unit include 1,906 ac
(771 ha) of Federal land within Hakalau
Forest National Wildlife Refuge Kona
Forest Unit and less than 1 ac (less than
1 ha) of land that is privately owned or
has other ownership.
(ii) Map of Drosophila digressa—Unit
9 is provided at paragraph (10)(ii) of this
entry.
*
*
*
*
*
■ 5. Amend § 17.99 by:
■ a. Revising paragraphs (k)
introductory text and (k)(1);
■ b. Redesignating paragraphs (k)(115)
and (116) as paragraphs (k)(248) and
(249), respectively;
■ c. Redesignating paragraphs (k)(12)
through (114) as paragraphs (k)(13)
through (115), respectively;
■ d. Adding a new paragraph (k)(12);
■ e. Redesignating newly redesignated
paragraphs (k)(15) through (115) as
paragraphs (k)(18) through (118),
respectively;
■ f. Adding new paragraphs (k)(15)
through (17);
■ g. Redesignating newly redesignated
paragraphs (k)(19) through (118) as
paragraphs (k)(22) through (121),
respectively;
■ h. Adding new paragraphs (k)(19)
through (21);
■ i. Redesignating newly redesignated
paragraphs (k)(32) through (121) as
paragraphs (k)(33) through (122),
respectively;
■ j. Adding a new paragraph (k)(32);
■ k. Redesignating newly redesignated
paragraphs (k)(36) through (122) as
paragraphs (k)(39) through (125),
respectively;
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l. Adding new paragraphs (k)(36)
through (38);
■ m. Redesignating newly redesignated
paragraphs (k)(40) through (125) as
paragraphs (k)(43) through (128),
respectively;
■ n. Adding new paragraphs (k)(40)
through (42);
■ o. Redesignating newly redesignated
paragraphs (k)(53) through (128) as
paragraphs (k)(59) through (134),
respectively;
■ p. Adding new paragraphs (k)(53)
through (58);
■ q. Redesignating newly redesignated
paragraphs (k)(79) through (134) as
paragraphs (k)(81) through (136),
respectively;
■ r. Adding new paragraphs (k)(79) and
(80);
■ s. Redesignating newly redesignated
paragraphs (k)(82) through (136) as
paragraphs (k)(90) through (144),
respectively;
■ t. Redesignating newly redesignated
paragraphs (k)(91) through (144) as
paragraphs (k)(92) through (145),
respectively;
■ u. Adding a new paragraph (k)(91);
■ v. Redesignating newly redesignated
paragraphs (k)(93) through (145) as
paragraphs (k)(97) through (149),
respectively;
■ w. Adding new paragraphs (k)(93)
through (96);
■ x. Redesignating newly redesignated
paragraphs (k)(109) through (149) as
paragraphs (k)(112) through (152),
respectively;
■ y. Adding new paragraphs (k)(109)
through (111);
■ z. Redesignating newly redesignated
paragraphs (k)(117) through (152) as
paragraphs (k)(120) through (155),
respectively;
■ aa. Adding new paragraphs (k)(117)
through (119);
■ bb. Redesignating newly redesignated
paragraphs (k)(122) through (155) as
paragraphs (k)(124) through (157),
respectively;
■ cc. Adding new paragraphs (k)(122)
and (123);
■ dd. Redesignating newly redesignated
paragraphs (k)(125) through (157) as
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paragraphs (k)(129) through (161),
respectively;
■ ee. Adding new paragraphs (k)(125)
through (128);
■ ff. Redesignating newly redesignated
paragraphs (k)(137) through (161) as
paragraphs (k)(140) through (164),
respectively;
■ gg. Adding new paragraphs (k)(137)
through (139);
■ hh. Redesignating newly redesignated
paragraphs (k)(142) through (164) as
paragraphs (k)(143) through (165),
respectively;
■ ii. Adding a new paragraph (k)(142);
■ jj. Redesignating newly redesignated
paragraphs (k)(145) through (165) as
paragraphs (k)(150) through (170),
respectively;
■ kk. Adding new paragraphs (k)(145)
through (149);
■ ll. Redesignating newly redesignated
paragraphs (k)(155) through (170) as
paragraphs (k)(156) through (171),
respectively;
■ mm. Adding a new paragraph
(k)(155);
■ nn. Redesignating newly redesignated
paragraphs (k)(157) through (171) as
paragraphs (k)(159) through (173),
respectively;
■ oo. Adding new paragraphs (k)(157)
and (158);
■ pp. Redesignating newly redesignated
paragraphs (k)(161) through (173) as
paragraphs (k)(162) through (174),
respectively;
■ qq. Adding a new paragraph (k)(161);
■ rr. Redesignating newly redesignated
paragraphs (k)(163) through (174) as
paragraphs (k)(164) through (175),
respectively;
■ ss. Adding a new paragraph (k)(163);
■ tt. Redesignating newly redesignated
paragraphs (k)(165) through (175) as
paragraphs (k)(166) through (176),
respectively;
■ uu. Adding a new paragraph (k)(165);
■ vv. Adding new paragraphs (k)(177)
through (247);
■ ww. Revising newly redesignated
paragraph (k)(248); and
■ xx. In paragraph (l)(1), adding in
alphabetical order entries for ‘‘Family
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Asteraceae: Bidens hillebrandiana ssp.
hillebrandiana (KOOKOOLAU)’’,
‘‘Family Campanulaceae: Cyanea
marksii (HAHA)’’, ‘‘Family
Campanulaceae: Cyanea tritomantha
(AKU)’’, ‘‘Family Caryophyllaceae:
Schiedea diffusa ssp. macraei (no
common name)’’, ‘‘Family
Caryophyllaceae: Schiedea hawaiiensis
(MAOLIOLI)’’, ‘‘Family Gesneriaceae:
Cyrtandra nanawaleensis (HAIWALE)’’,
Family Gesneriaceae: Cyrtandra wagneri
(HAIWALE)’’, ‘‘Family Lamiaceae:
Phyllostegia floribunda (no common
name)’’, ‘‘Family Lamiaceae: Stenogyne
cranwelliae (no common name)’’,
‘‘Family Pittosporaceae: Pittosporum
hawaiiense (HOAWA, HAAWA)’’, and
‘‘Family Rutaceae: Melicope remyi (no
common name)’’.
The revisions and additions read as
follows:
§ 17.99 Critical habitat; plants on the
Hawaiian Islands, HI.
*
*
*
*
*
(k) Maps and critical habitat unit
descriptions for the island of Hawaii,
HI. Critical habitat units are described
below. Coordinates were created using
World Geodetic System 1984 (WGS84).
The following map shows the general
locations of the critical habitat units
designated on the island of Hawaii.
Existing humanmade features and
structures, such as buildings, aqueducts,
runways, roads, and other paved areas,
and the land on which they are located
existing within the legal boundaries are
not included in the critical habitat
designation. Federal actions limited to
those areas, therefore, would not trigger
a consultation under section 7 of the Act
unless they may affect the species or
physical or biological features in
adjacent critical habitat.
(1) Note: Map 1, Index map, follows:
BILLING CODE 4333–15–P
Map 1
Hawaii Critical Habitat—Island Index
Map
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*
*
*
*
*
(12) Hawaii 3–Cyanea tritomantha-a
(12,059 ac; 4,880 ha).
(i) This unit is also critical habitat for
Hawaii 3–Cyrtandra wagneri-a, Hawaii
3–Melicope remyi-a, Hawaii 3–
Phyllostegia floribunda-a, Hawaii 3–
Pittosporum hawaiiense-a, Hawaii 3–
Schiedea diffusa ssp. macraei-a, and
Hawaii 3–Stenogyne cranwelliae-a (see
paragraphs (k)(15), (k)(16), (k)(17),
(k)(19), (k)(20), (k)(21), respectively, of
this section).
(ii) Map 11a follows:
Map 11a
Hawaii 3–Cyanea tritomantha-a, Hawaii
3–Cyrtandra wagneri-a, Hawaii 3–
Melicope remyi-a, Hawaii 3–
Phyllostegia floribunda-a, Hawaii 3–
Pittosporum hawaiiense-a, Hawaii 3–
Schiedea diffusa ssp. macraei-a,
Hawaii 3–Stenogyne cranwelliae-a
(17) Hawaii 3–Phyllostegia
floribunda-a (12,059 ac; 4,880 ha). See
paragraph (k)(12)(ii) of this section for
the map of this unit.
*
*
*
*
*
(19) Hawaii 3–Pittosporum
hawaiiense-a (12,059 ac; 4,880 ha). See
paragraph (k)(12)(ii) of this section for
the map of this unit.
(20) Hawaii 3–Schiedea diffusa ssp.
macraei-a (12,059 ac; 4,880 ha). See
paragraph (k)(12)(ii) of this section for
the map of this unit.
(21) Hawaii 3–Stenogyne cranwelliaea (12,059 ac; 4,880 ha). See paragraph
(k)(12)(ii) of this section for the map of
this unit.
*
*
*
*
*
(32) Hawaii 6–Bidens hillebrandiana
ssp. hillebrandiana-a (2 ac; 1 ha).
(i) [Reserved].
(ii) Map 24a follows:
18803
Schiedea diffusa ssp. macraei-b, and
Hawaii 8–Stenogyne cranwelliae-b (see
paragraphs (k)(37), (k)(38), (k)(40),
(k)(41), and (k)(42), respectively, of this
section).
(ii) Map 27a follows:
Map 27a
Hawaii 8–Cyanea tritomantha-b, Hawaii
8–Melicope remyi-b, Hawaii 8–
Phyllostegia floribunda-b, Hawaii 8–
Pittosporum hawaiiense-b, Hawaii 8–
Schiedea diffusa ssp. macraei-b,
Hawaii 8–Stenogyne cranwelliae-b
Map 24a
*
*
*
*
(15) Hawaii 3–Cyrtandra wagneri-a
(12,059 ac; 4,880 ha). See paragraph
(k)(12)(ii) of this section for the map of
this unit.
(16) Hawaii 3–Melicope remyi-a
(12,059 ac; 4,880 ha). See paragraph
(k)(12)(ii) of this section for the map of
this unit.
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*
*
*
*
*
(36) Hawaii 8–Cyanea tritomantha-b
(6,805 ac; 2,754 ha).
(i) This unit is also critical habitat for
Hawaii 8–Melicope remyi-b, Hawaii 8–
Phyllostegia floribunda-b, Hawaii 8–
Pittosporum hawaiiense-b, Hawaii 8–
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*
(37) Hawaii 8–Melicope remyi-b
(6,805 ac; 2,754 ha). See paragraph
(k)(36)(ii) of this section for the map of
this unit.
(38) Hawaii 8–Phyllostegia
floribunda-b (6,805 ac; 2,754 ha). See
paragraph (k)(36)(ii) of this section for
the map of this unit.
*
*
*
*
*
(40) Hawaii 8–Pittosporum
hawaiiense-b (6,805 ac; 2,754 ha). See
paragraph (k)(36)(ii) of this section for
the map of this unit.
(41) Hawaii 8–Schiedea diffusa ssp.
macraei-b (6,805 ac; 2,754 ha). See
paragraph (k)(36)(ii) of this section for
the map of this unit.
(42) Hawaii 8–Stenogyne cranwelliaeb (6,805 ac; 2,754 ha). See paragraph
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(k)(36)(ii) of this section for the map of
this unit.
*
*
*
*
*
(53) Hawaii 9–Cyanea tritomantha-c
(1 ac; <1 ha).
(i) This unit is also critical habitat for
Hawaii 9–Melicope remyi-c, Hawaii 9–
Phyllostegia floribunda-c, Hawaii 9–
Pittosporum hawaiiense-c, Hawaii 9–
Schiedea diffusa ssp. macraei-c, and
Hawaii 9–Stenogyne cranwelliae-c (see
paragraphs (k)(54), (k)(55), (k)(56),
(k)(57), and (k)(58) respectively, of this
section).
(ii) Map 38a follows:
Map 38a
(54) Hawaii 9–Melicope remyi-c (1 ac;
<1 ha). See paragraph (k)(53)(ii) of this
section for the map of this unit.
(55) Hawaii 9–Phyllostegia
floribunda-c (1 ac; <1 ha). See paragraph
(k)(53)(ii) of this section for the map of
this unit.
(56) Hawaii 9–Pittosporum
hawaiiense-c (1 ac; <1 ha). See
paragraph (k)(53)(ii) of this section for
the map of this unit.
(57) Hawaii 9–Schiedea diffusa ssp.
macraei-c (1 ac; <1 ha). See paragraph
(k)(53)(ii) of this section for the map of
this unit.
(58) Hawaii 9–Stenogyne cranwelliaec (1 ac; <1 ha). See paragraph (k)(53)(ii)
of this section for the map of this unit.
*
*
*
*
*
(79) Hawaii 15–Cyanea marksii-aSection 4 (182 ac; 73 ha).
(i) This unit is also critical habitat for
Hawaii 15–Phyllostegia floribunda-dSection 4, Hawaii 15–Pittosporum
hawaiiense-d-Section 4, Hawaii 15–
Schiedea diffusa ssp. macraei-d-Section
4, and Hawaii 15–Stenogyne
cranwelliae-d-Section 4 (see paragraphs
(k)(82), (k)(84), (k)(86), and (k)(88),
respectively, of this section).
(ii) Map 58a follows:
Map 58a
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Hawaii 9–Cyanea tritomantha-c, Hawaii
9–Melicope remyi-c, Hawaii 9–
Phyllostegia floribunda-c, Hawaii 9–
Pittosporum hawaiiense-c, Hawaii 9–
Schiedea diffusa ssp. macraei-c,
Hawaii 9–Stenogyne cranwelliae-c
Hawaii 15–Cyanea marksii-a-Section 4,
Hawaii 15–Cyanea marksii-b-Section
5, Hawaii 15–Phyllostegia floribundad-Section 4, Hawaii 15–Phyllostegia
floribunda-e-Section 5, Hawaii 15–
Pittosporum hawaiiense-d-Section 4,
Hawaii 15–Pittosporum hawaiiense-eSection 5, Hawaii 15–Schiedea
diffusa ssp. macraei-d-Section 4,
Hawaii 15–Schiedea diffusa ssp.
macraei-e-Section 5, Hawaii 15–
Stenogyne cranwelliae-d-Section 4,
Hawaii 15–Stenogyne cranwelliae-eSection 5
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(87) Hawaii 15–Schiedea diffusa ssp.
macraei-e-Section 5 (127 ac; 51 ha). See
paragraph (k)(79)(ii) of this section for
the map of this unit.
(88) Hawaii 15–Stenogyne
cranwelliae-d-Section 4 (182 ac; 73 ha).
See paragraph (k)(79)(ii) of this section
for the map of this unit.
(89) Hawaii 15–Stenogyne
cranwelliae-e-Section 5 (127 ac; 51 ha).
See paragraph (k)(79)(ii) of this section
for the map of this unit.
*
*
*
*
*
(91) Hawaii 16–Cyanea marksii-c (156
ac; 63 ha).
(i) This unit is also critical habitat for
Hawaii 16–Phyllostegia floribunda-f,
Hawaii 16–Pittosporum hawaiiense-f,
Hawaii 16–Schiedea diffusa ssp.
macraei-f, and Hawaii 16–Stenogyne
cranwelliae-f (see paragraphs (k)(93),
(k)(94), (k)(95), and (k)(96), respectively,
of this section).
(ii) Map 60a follows:
paragraph (k)(91)(ii) of this section for
the map of this unit.
(94) Hawaii 16–Pittosporum
hawaiiense-f (156 ac; 63 ha). See
paragraph (k)(91)(ii) of this section for
the map of this unit.
(95) Hawaii 16–Schiedea diffusa ssp.
macraei-f (156 ac; 63 ha). See paragraph
(k)(91)(ii) of this section for the map of
this unit.
(96) Hawaii 16–Stenogyne
cranwelliae-f (156 ac; 63 ha). See
paragraph (k)(91)(ii) of this section for
the map of this unit.
*
*
*
*
*
(109) Hawaii 23–Cyrtandra wagneri-b
(9 ac; 4 ha).
(i) This unit is also critical habitat for
Hawaii 23–Phyllostegia floribunda-g
and Hawaii 23–Pittosporum hawaiienseg (see paragraphs (k)(110) and (k)(111),
respectively, of this section).
(ii) Map 73a follows:
Map 60a
Hawaii 16–Cyanea marksii-c, Hawaii
16–Phyllostegia floribunda-f, Hawaii
16–Pittosporum hawaiiense-f, Hawaii
16–Schiedea diffusa ssp. macraei-f,
Hawaii 16–Stenogyne cranwelliae-f
Map 73a
*
*
*
*
*
(93) Hawaii 16–Phyllostegia
floribunda-f (156 ac; 63 ha). See
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Hawaii 23–Cyrtandra wagneri-b, Hawaii
23–Phyllostegia floribunda-g, Hawaii
23–Pittosporum hawaiiense-g
(110) Hawaii 23–Phyllostegia
floribunda-g (9 ac; 4 ha). See paragraph
(k)(109)(ii) of this section for the map of
this unit.
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(80) Hawaii 15–Cyanea marksii-bSection 5 (127 ac; 51 ha).
(i) This unit is also critical habitat for
Hawaii 15–Phyllostegia floribunda-eSection 5, Hawaii 15–Pittosporum
hawaiiense-e-Section 5, Hawaii 15–
Schiedea diffusa ssp. macraei-e-Section
5, and Hawaii 15–Stenogyne
cranwelliae-e-Section 5 (see paragraphs
(k)(83), (k)(85), (k)(87), and (k)(89),
respectively, of this section).
(ii) See paragraph (k)(79)(ii) of this
section for the map of this unit.
*
*
*
*
*
(82) Hawaii 15–Phyllostegia
floribunda-d-Section 4 (182 ac; 73 ha).
See paragraph (k)(79)(ii) of this section
for the map of this unit.
(83) Hawaii 15–Phyllostegia
floribunda-e-Section 5 (127 ac; 51 ha).
See paragraph (k)(79)(ii) of this section
for the map of this unit.
(84) Hawaii 15–Pittosporum
hawaiiense-d-Section 4 (182 ac; 73 ha).
See paragraph (k)(79)(ii) of this section
for the map of this unit.
(85) Hawaii 15–Pittosporum
hawaiiense-e-Section 5 (127 ac; 51 ha).
See paragraph (k)(79)(ii) of this section
for the map of this unit.
(86) Hawaii 15–Schiedea diffusa ssp.
macraei-d-Section 4 (182 ac; 73 ha). See
paragraph (k)(79)(ii) of this section for
the map of this unit.
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Map 78a
Hawaii 24–Cyanea tritomantha-dSection 8, Hawaii 24–Cyrtandra
wagneri-c-Section 8, Hawaii 24–
Cyrtandra wagneri-d-Section 9,
Hawaii 24–Pittosporum hawaiiense-hSection 8, Hawaii 24–Pittosporum
hawaiiense-i-Section 9, Hawaii 24–
Schiedea diffusa ssp. macraei-gSection 8, Hawaii 24–Schiedea
diffusa ssp. macraei-h-Section 9,
Hawaii 24–Stenogyne cranwelliae-gSection 8, Hawaii 24–Stenogyne
cranwelliae-h-Section 9
paragraph (k)(117)(ii) of this section for
the map of this unit.
(119) Hawaii 24–Cyrtandra wagneri-dSection 9 (101 ac; 41 ha)
(i) This unit is also critical habitat for
Hawaii 24–Pittosporum hawaiiense-iSection 9, Hawaii 24–Schiedea diffusa
ssp. macraei-h-Section 9, and Hawaii
24–Stenogyne cranwelliae-h-Section 9
(see paragraphs (k)(123), (k)(126), and
(k)(128), respectively, of this section).
(ii) See paragraph (k)(117)(ii) of this
section for the map of this unit.
*
*
*
*
*
(122) Hawaii 24–Pittosporum
hawaiiense-h-Section 8 (2,081 ac; 842
ha). See paragraph (k)(117)(ii) of this
section for the map of this unit.
(123) Hawaii 24–Pittosporum
hawaiiense-i-Section 9 (101 ac; 41 ha).
See paragraph (k)(117)(ii) of this section
for the map of this unit.
*
*
*
*
*
(125) Hawaii 24–Schiedea diffusa ssp.
macraei-g-Section 8 (2,081 ac; 842 ha).
See paragraph (k)(117)(ii) of this section
for the map of this unit.
(126) Hawaii 24–Schiedea diffusa ssp.
macraei-h-Section 9 (101 ac; 41 ha). See
paragraph (k)(117)(ii) of this section for
the map of this unit.
(127) Hawaii 24–Stenogyne
cranwelliae-g-Section 8 (2,081 ac; 842
ha). See paragraph (k)(117)(ii) of this
section for the map of this unit.
(128) Hawaii 24–Stenogyne
cranwelliae-h-Section 9 (101 ac; 41 ha).
See paragraph (k)(117)(ii) of this section
for the map of this unit.
*
*
*
*
*
(137) Hawaii 28–Cyrtandra
nanawaleensis-a (155 ac; 63 ha).
(i) This unit is also critical habitat for
Hawaii 28–Cyrtandra wagneri-e and
Hawaii 28–Phyllostegia floribunda-h
(see paragraphs (k)(138) and (k)(139),
respectively, of this section).
(ii) Map 89a follows:
ddrumheller on DSK120RN23PROD with PROPOSALS3
Map 89a
Hawaii 28–Cyrtandra nanawaleensis-a,
Hawaii 28–Cyrtandra wagneri-e,
Hawaii 28–Phyllostegia floribunda-h
20:42 Mar 28, 2023
Jkt 259001
PO 00000
Map 91a
Hawaii 29–Cyanea tritomantha-e,
Hawaii 29–Cyrtandra wagneri-f,
Hawaii 29–Phyllostegia floribunda-i,
Hawaii 29–Pittosporum hawaiiense-j,
Hawaii 29–Schiedea diffusa ssp.
macraei-i, Hawaii 29–Stenogyne
cranwelliae-i
(118) Hawaii 24–Cyrtandra wagneri-cSection 8 (2,081 ac; 842 ha). See
VerDate Sep<11>2014
(138) Hawaii 28–Cyrtandra wagneri-e
(155 ac; 63 ha). See paragraph
(k)(137)(ii) of this section for the map of
this unit.
(139) Hawaii 28–Phyllostegia
floribunda-h (155 ac; 63 ha). See
paragraph (k)(137)(ii) of this section for
the map of this unit.
*
*
*
*
*
(142) Hawaii 29–Cyanea tritomanthae (494 ac; 200 ha).
(i) This unit is also critical habitat for
Hawaii 29–Cyrtandra wagneri-f, Hawaii
29–Phyllostegia floribunda-i, Hawaii
29–Pittosporum hawaiiense-j, Hawaii
29–Schiedea diffusa ssp. macraei-i, and
Hawaii 29–Stenogyne cranwelliae-i (see
paragraphs (k)(145), (k)(146), (k)(147),
(k)(148), and (k)(149), respectively, of
this section).
(ii) Map 91a follows:
Frm 00052
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Sfmt 4702
E:\FR\FM\29MRP3.SGM
29MRP3
EP29MR23.039</GPH>
(111) Hawaii 23–Pittosporum
hawaiiense-g (9 ac; 4 ha). See paragraph
(k)(109)(ii) of this section for the map of
this unit.
*
*
*
*
*
(117) Hawaii 24–Cyanea tritomanthad-Section 8 (2,081 ac; 842 ha).
(i) This unit is also critical habitat for
Hawaii 24–Cyrtandra wagneri-c-Section
8, Hawaii 24–Pittosporum hawaiienseh-Section 8, Hawaii 24–Schiedea diffusa
ssp. macraei-g-Section 8, and Hawaii
24–Stenogyne cranwelliae-g-Section 8
(see paragraphs (k)(118), (k)(122),
(k)(125), and (k)(127), respectively, of
this section).
(ii) Map 78a follows:
EP29MR23.038</GPH>
18806
Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Proposed Rules
Map 98a
Hawaii 30–Cyanea tritomantha-f,
Hawaii 30–Cyrtandra wagneri-g,
Hawaii 30–Phyllostegia floribunda-j,
Hawaii 30–Pittosporum hawaiiense-k,
Hawaii 30–Schiedea diffusa ssp.
macraei-j, Hawaii 30–Stenogyne
cranwelliae-j
18807
paragraph (k)(155)(ii) of this section for
the map of this unit.
*
*
*
*
*
(177) Hawaii 37–Cyanea marksii-d
(1,906 ac; 771 ha)
(i) This unit is also critical habitat for
Hawaii 37–Phyllostegia floribunda-k,
Hawaii 37–Pittosporum hawaiiense-l,
Hawaii 37–Schiedea diffusa ssp.
macraei-k, and Hawaii 37–Stenogyne
cranwelliae-k (see paragraphs (k)(178),
(k)(179), (k)(180), and (k)(181),
respectively, of this section).
(ii) Map 106 follows:
Map 106
Hawaii 37–Cyanea marksii-d, Hawaii
37–Phyllostegia floribunda-k, Hawaii
37–Pittosporum hawaiiense-l, Hawaii
37–Schiedea diffusa ssp. macraei-k,
Hawaii 37–Stenogyne cranwelliae-k
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*
*
*
*
*
(157) Hawaii 30–Cyrtandra wagneri-g
(13,732 ac; 5,557 ha). See paragraph
(k)(155)(ii) of this section for the map of
this unit.
(158) Hawaii 30–Phyllostegia
floribunda-j (13,732 ac; 5,557 ha). See
paragraph (k)(155)(ii) of this section for
the map of this unit.
*
*
*
*
*
(161) Hawaii 30–Pittosporum
hawaiiense-k (13,732 ac; 5,557 ha). See
paragraph (k)(155)(ii) of this section for
the map of this unit.
*
*
*
*
*
(163) Hawaii 30–Schiedea diffusa ssp.
macraei-j (13,732 ac; 5,557 ha). See
paragraph (k)(155)(ii) of this section for
the map of this unit.
*
*
*
*
*
(165) Hawaii 30–Stenogyne
cranwelliae-j (13,732 ac; 5,557 ha). See
PO 00000
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Sfmt 4702
(178) Hawaii 37–Phyllostegia
floribunda-k (1,906 ac; 771 ha). See
paragraph (k)(177)(ii) of this section for
the map of this unit.
(179) Hawaii 37–Pittosporum
hawaiiense-l (1,906 ac; 771 ha). See
paragraph (k)(177)(ii) of this section for
the map of this unit.
(180) Hawaii 37–Schiedea diffusa ssp.
macraei-k (1,906 ac; 771 ha). See
paragraph (k)(177)(ii) of this section for
the map of this unit.
E:\FR\FM\29MRP3.SGM
29MRP3
EP29MR23.041</GPH> EP29MR23.042</GPH>
*
*
*
*
(145) Hawaii 29–Cyrtandra wagneri-f
(494 ac; 200 ha). See paragraph
(k)(142)(ii) of this section for the map of
this unit.
(146) Hawaii 29–Phyllostegia
floribunda-i (494 ac; 200 ha). See
paragraph (k)(142)(ii) of this section for
the map of this unit.
(147) Hawaii 29–Pittosporum
hawaiiense-j (494 ac; 200 ha). See
paragraph (k)(142)(ii) of this section for
the map of this unit.
(148) Hawaii 29–Schiedea diffusa ssp.
macraei-i (494 ac; 200 ha). See
paragraph (k)(142)(ii) of this section for
the map of this unit.
(149) Hawaii 29–Stenogyne
cranwelliae-i (494 ac; 200 ha). See
paragraph (k)(142)(ii) of this section for
the map of this unit.
*
*
*
*
*
(155) Hawaii 30–Cyanea tritomanthaf (13,732 ac; 5,557 ha).
(i) This unit is also critical habitat for
Hawaii 30–Cyrtandra wagneri-g, Hawaii
30–Phyllostegia floribunda-j, Hawaii
30–Pittosporum hawaiiense-k, Hawaii
30–Schiedea diffusa ssp. macraei-j, and
Hawaii 30–Stenogyne cranwelliae-j (see
paragraphs (k)(170), (k)(171), (k)(172),
(k)(173), and (k)(174), respectively, of
this section).
(ii) Map 98a follows:
EP29MR23.040</GPH>
ddrumheller on DSK120RN23PROD with PROPOSALS3
*
Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Proposed Rules
Map 107
ddrumheller on DSK120RN23PROD with PROPOSALS3
Hawaii 38–Cyanea marksii-e, Hawaii
38–Phyllostegia floribunda-l, Hawaii
38–Pittosporum hawaiiense-m,
Hawaii 38–Schiedea diffusa ssp.
macraei-l, Hawaii 38–Stenogyne
cranwelliae-l
(183) Hawaii 38–Phyllostegia
floribunda-l (534 ac; 216 ha). See
paragraph (k)(182)(ii) of this section for
the map of this unit.
(184) Hawaii 38–Pittosporum
hawaiiense-m (534 ac; 216 ha). See
paragraph (k)(182)(ii) of this section for
the map of this unit.
(185) Hawaii 38–Schiedea diffusa ssp.
macraei-l (534 ac; 216 ha). See
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paragraph (k)(182)(ii) of this section for
the map of this unit.
(186) Hawaii 38–Stenogyne
cranwelliae-l (534 ac; 216 ha). See
paragraph (k)(182)(ii) of this section for
the map of this unit.
(187) Hawaii 39–Cyanea marksii-f
(1,164 ac; 471 ha)
(i) This unit is also critical habitat for
Hawaii 39–Phyllostegia floribunda-m,
Hawaii 39–Pittosporum hawaiiense-n,
Hawaii 39–Schiedea diffusa ssp.
macraei-m, and Hawaii 39–Stenogyne
cranwelliae-m (see paragraphs (k)(188),
(k)(189), (k)(190), and (k)(191),
respectively, of this section).
(ii) Map 108 follows:
Map 108
Hawaii 39–Cyanea marksii-f, Hawaii
39–Phyllostegia floribunda-m, Hawaii
39–Pittosporum hawaiiense-n, Hawaii
39–Schiedea diffusa ssp. macraei-m,
Hawaii 39–Stenogyne cranwelliae-m
(188) Hawaii 39–Phyllostegia
floribunda-m (1,164 ac; 471 ha). See
paragraph (k)(187)(ii) of this section for
the map of this unit.
(189) Hawaii 39–Pittosporum
hawaiiense-n (1,164 ac; 471 ha). See
paragraph (k)(187)(ii) of this section for
the map of this unit.
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(190) Hawaii 39–Schiedea diffusa ssp.
macraei-m (1,164 ac; 471 ha). See
paragraph (k)(187)(ii) of this section for
the map of this unit.
(191) Hawaii 39–Stenogyne
cranwelliae-m (1,164 ac; 471 ha). See
paragraph (k)(187)(ii) of this section for
the map of this unit.
(192) Hawaii 40–Cyanea marksii-g
(1,243 ac; 503 ha)
(i) This unit is also critical habitat for
Hawaii 40–Phyllostegia floribunda-n,
Hawaii 40–Pittosporum hawaiiense-o,
Hawaii 40–Schiedea diffusa ssp.
macraei-n, and Hawaii 40–Stenogyne
cranwelliae-n (see paragraphs (k)(193),
(k)(194), (k)(195), and (k)(196),
respectively, of this section).
(ii) Map 109 follows:
Map 109
Hawaii 40–Cyanea marksii-g, Hawaii
40–Phyllostegia floribunda-n, Hawaii
40–Pittosporum hawaiiense-o, Hawaii
40–Schiedea diffusa ssp. macraei-n,
Hawaii 40–Stenogyne cranwelliae-n
(193) Hawaii 40–Phyllostegia
floribunda-n (1,243 ac; 503 ha). See
paragraph (k)(192)(ii) of this section for
the map of this unit.
(194) Hawaii 40–Pittosporum
hawaiiense-o (1,243 ac; 503 ha). See
E:\FR\FM\29MRP3.SGM
29MRP3
EP29MR23.044</GPH> EP29MR23.045</GPH>
(181) Hawaii 37–Stenogyne
cranwelliae-k (1,906 ac; 771 ha). See
paragraph (k)(177)(ii) of this section for
the map of this unit.
(182) Hawaii 38–Cyanea marksii-e
(534 ac; 216 ha).
(i) This unit is also critical habitat for
Hawaii 38–Phyllostegia floribunda-l,
Hawaii 38–Pittosporum hawaiiense-m,
Hawaii 38–Schiedea diffusa ssp.
macraei-l, and Hawaii 38–Stenogyne
cranwelliae-l (see paragraphs (k)(183),
(k)(184), (k)(185), and (k)(186),
respectively, of this section).
(ii) Map 107 follows:
EP29MR23.043</GPH>
18808
Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Proposed Rules
paragraph (k)(192)(ii) of this section for
the map of this unit.
(195) Hawaii 40–Schiedea diffusa ssp.
macraei-n (1,243 ac; 503 ha). See
paragraph (k)(192)(ii) of this section for
the map of this unit.
(196) Hawaii 40–Stenogyne
cranwelliae-n (1,243 ac; 503 ha). See
paragraph (k)(192)(ii) of this section for
the map of this unit.
(197) Hawaii 41–Cyanea marksii-h
(3,412 ac; 1,381 ha)
(i) This unit is also critical habitat for
Hawaii 41–Phyllostegia floribunda-o,
Hawaii 41–Pittosporum hawaiiense-p,
Hawaii 41–Schiedea diffusa ssp.
macraei-o, and Hawaii 41–Stenogyne
cranwelliae-o (see paragraphs (k)(198),
(k)(199), (k)(200), and (k)(201),
respectively, of this section).
(ii) Map 110 follows:
Map 110
Hawaii 41–Cyanea marksii-h, Hawaii
41–Phyllostegia floribunda-o, Hawaii
41–Pittosporum hawaiiense-p, Hawaii
41–Schiedea diffusa ssp. macraei-o,
Hawaii 41–Stenogyne cranwelliae-o
(199) Hawaii 41–Pittosporum
hawaiiense-p (3,412 ac; 1,381 ha). See
paragraph (k)(197)(ii) of this section for
the map of this unit.
(200) Hawaii 41–Schiedea diffusa ssp.
macraei-o (3,412 ac; 1,381 ha). See
paragraph (k)(197)(ii) of this section for
the map of this unit.
(201) Hawaii 41–Stenogyne
cranwelliae-o (3,412 ac; 1,381 ha). See
paragraph (k)(197)(ii) of this section for
the map of this unit.
(202) Hawaii 42–Cyanea tritomanthag (8,781 ac; 3,554 ha).
(i) This unit is also critical habitat for
Hawaii 42–Cyrtandra wagneri-h, Hawaii
42–Phyllostegia floribunda-p, Hawaii
42–Pittosporum hawaiiense-q, Hawaii
42–Schiedea diffusa ssp. macraei-p, and
Hawaii 42–Stenogyne cranwelliae-p (see
paragraphs (k)(203), (k)(204), (k)(205),
(k)(206), and (k)(207), respectively, of
this section).
(ii) Map 111 follows:
Map 111
Hawaii 42–Cyanea tritomantha-g,
Hawaii 42–Cyrtandra wagneri-h,
Hawaii 42–Phyllostegia floribunda-p,
Hawaii 42–Pittosporum hawaiiense-q,
Hawaii 42–Schiedea diffusa ssp.
macraei-p, Hawaii 42–Stenogyne
cranwelliae-p
18809
(203) Hawaii 42–Cyrtandra wagneri-h
(8,781 ac; 3,554 ha). See paragraph
(k)(202)(ii) of this section for the map of
this unit.
(204) Hawaii 42–Phyllostegia
floribunda-p (8,781 ac; 3,554 ha). See
paragraph (k)(202)(ii) of this section for
the map of this unit.
(205) Hawaii 42–Pittosporum
hawaiiense-q (8,781 ac; 3,554 ha). See
paragraph (k)(202)(ii) of this section for
the map of this unit.
(206) Hawaii 42–Schiedea diffusa ssp.
macraei-p (8,781 ac; 3,554 ha). See
paragraph (k)(202)(ii) of this section for
the map of this unit.
(207) Hawaii 42–Stenogyne
cranwelliae-p (8,781 ac; 3,554 ha). See
paragraph (k)(202)(ii) of this section for
the map of this unit.
(208) Hawaii 43–Cyrtandra wagneri-i
(5,872 ac; 2,376 ha).
(i) This unit is also critical habitat for
Hawaii 43–Pittosporum hawaiiense-r,
Hawaii 43–Schiedea diffusa ssp.
macraei-q, and Hawaii 43–Stenogyne
cranwelliae-q (see paragraphs (k)(209),
(k)(210), and (k)(211), respectively, of
this section).
(ii) Map 112 follows:
Map 112
EP29MR23.047</GPH>
(198) Hawaii 41–Phyllostegia
floribunda-o (3,412 ac; 1,381 ha). See
paragraph (k)(197)(ii) of this section for
the map of this unit.
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29MRP3
EP29MR23.046</GPH>
ddrumheller on DSK120RN23PROD with PROPOSALS3
Hawaii 43–Cyrtandra wagneri-i, Hawaii
43–Pittosporum hawaiiense-r, Hawaii
43–Schiedea diffusa ssp. macraei-q,
Hawaii 43–Stenogyne cranwelliae-q
Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Proposed Rules
Map 113
Hawaii 44–Cyanea tritomantha-h,
Hawaii 44–Cyrtandra wagneri-j,
Hawaii 44–Pittosporum hawaiiense-s,
Hawaii 44–Schiedea diffusa ssp.
macraei-r, Hawaii 44–Stenogyne
cranwelliae-r
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(213) Hawaii 44–Cyrtandra wagneri-j
(6,406 ac; 2,593 ha). See paragraph
(k)(212)(ii) of this section for the map of
this unit.
(214) Hawaii 44–Pittosporum
hawaiiense-s (6,406 ac; 2,593 ha). See
paragraph (k)(212)(ii) of this section for
the map of this unit.
(215) Hawaii 44–Schiedea diffusa ssp.
macraei-r (6,406 ac; 2,593 ha). See
paragraph (k)(212)(ii) of this section for
the map of this unit.
(216) Hawaii 44–Stenogyne
cranwelliae-r (6,406 ac; 2,593 ha). See
paragraph (k)(212)(ii) of this section for
the map of this unit.
(217) Hawaii 45–Cyrtandra wagneri-k
(5,494 ac; 2,223 ha).
(i) This unit is also critical habitat for
Hawaii 45–Phyllostegia floribunda-q
and Hawaii 45–Pittosporum hawaiienset (see paragraphs (k)(218) and (k)(219),
respectively, of this section).
(ii) Map 114 follows:
(218) Hawaii 45–Phyllostegia
floribunda-q (5,494 ac; 2,223 ha). See
paragraph (k)(217)(ii) of this section for
the map of this unit.
(219) Hawaii 45–Pittosporum
hawaiiense-t (5,494 ac; 2,223 ha). See
paragraph (k)(217)(ii) of this section for
the map of this unit.
(220) Hawaii 46–Cyrtandra
nanawaleensis-b (12,219 ac; 4,945 ha)
(i) This unit is also critical habitat for
Hawaii 46–Cyrtandra wagneri-l and
Hawaii 46–Phyllostegia floribunda-r
(see paragraphs (k)(221) and (k)(222),
respectively, of this section).
(ii) Map 115 follows:
Map 115
Hawaii 46–Cyrtandra nanawaleensis-b,
Hawaii 46–Cyrtandra wagneri-l,
Hawaii 46–Phyllostegia floribunda-r
EP29MR23.049</GPH> EP29MR23.050</GPH>
(209) Hawaii 43–Pittosporum
hawaiiense-r (5,872 ac; 2,376 ha). See
paragraph (k)(208)(ii) of this section for
the map of this unit.
(210) Hawaii 43–Schiedea diffusa ssp.
macraei-q (5,872 ac; 2,376 ha). See
paragraph (k)(208)(ii) of this section for
the map of this unit.
(211) Hawaii 43–Stenogyne
cranwelliae-q (5,872 ac; 2,376 ha). See
paragraph (k)(208)(ii) of this section for
the map of this unit.
(212) Hawaii 44–Cyanea tritomanthah (6,406 ac; 2,593 ha).
(i) This unit is also critical habitat for
Hawaii 44–Cyrtandra wagneri-j, Hawaii
44–Pittosporum hawaiiense-s, Hawaii
44–Schiedea diffusa ssp. macraei-r, and
Hawaii 44–Stenogyne cranwelliae-r (see
paragraphs (k)(213), (k)(214), (k)(215),
and (k)(216), respectively, of this
section).
(ii) Map 113 follows:
Map 114
Hawaii 45–Cyrtandra wagneri-k, Hawaii
45–Phyllostegia floribunda-q, Hawaii
45–Pittosporum hawaiiense-t
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ddrumheller on DSK120RN23PROD with PROPOSALS3
18810
Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Proposed Rules
(224) Hawaii 48–Cyrtandra
nanawaleensis-d (589 ac; 238 ha). See
paragraph (k)(223)(ii) of this section for
the map of this unit.
(225) Hawaii 49–Cyrtandra
nanawaleensis-e (875 ac; 354 ha)
(i) [Reserved].
(ii) Map 117 follows:
Map 117
Hawaii 49–Cyrtandra nanawaleensis-e,
Hawaii 50–Cyrtandra nanawaleensisf
Map 116
Map 118
Hawaii 51–Cyanea tritomantha-i,
Hawaii 51–Cyrtandra wagneri-m,
Hawaii 51–Phyllostegia floribunda-s,
Hawaii 51–Pittosporum hawaiiense-u,
Hawaii 51–Schiedea diffusa ssp.
macraei-s, Hawaii 51–Stenogyne
cranwelliae-s
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EP29MR23.052</GPH> EP29MR23.053</GPH>
ddrumheller on DSK120RN23PROD with PROPOSALS3
Hawaii 47–Cyrtandra nanawaleensis-c,
Hawaii 48–Cyrtandra nanawaleensisd
(226) Hawaii 50–Cyrtandra
nanawaleensis-f (562 ac; 227 ha). See
paragraph (k)(225)(ii) of this section for
the map of this unit.
(227) Hawaii 51–Cyanea tritomanthai (17,865 ac; 7,230 ha)
(i) This unit is also critical habitat for
Hawaii 51–Cyrtandra wagneri-m,
Hawaii 51–Phyllostegia floribunda-s,
Hawaii 51–Pittosporum hawaiiense-u,
Hawaii 51–Schiedea diffusa ssp.
macraei-s, and Hawaii 51–Stenogyne
cranwelliae-s (see paragraphs (k)(228),
(k)(229), (k)(230), (k)(231), and (k)(232),
respectively, of this section).
(ii) Map 118 follows:
EP29MR23.051</GPH>
(221) Hawaii 46–Cyrtandra wagneri-l
(12,219 ac; 4,945 ha). See paragraph
(k)(220)(ii) of this section for the map of
this unit.
(222) Hawaii 46–Phyllostegia
floribunda-r (12,219 ac; 4,945 ha). See
paragraph (k)(220)(ii) of this section for
the map of this unit.
(223) Hawaii 47–Cyrtandra
nanawaleensis-c (274 ac; 111 ha)
(i) [Reserved].
(ii) Map 116 follows:
18811
Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Proposed Rules
Map 119
(228) Hawaii 51–Cyrtandra wagneri-m
(17,865 ac; 7,230 ha). See paragraph
(k)(227)(ii) of this section for the map of
this unit.
(229) Hawaii 51–Phyllostegia
floribunda-s (17,865 ac; 7,230 ha). See
paragraph (k)(227)(ii) of this section for
the map of this unit.
(230) Hawaii 51–Pittosporum
hawaiiense-u (17,865 ac; 7,230 ha). See
paragraph (k)(227)(ii) of this section for
the map of this unit.
(231) Hawaii 51–Schiedea diffusa ssp.
macraei-s (17,865 ac; 7,230 ha). See
paragraph (k)(227)(ii) of this section for
the map of this unit.
(232) Hawaii 51–Stenogyne
cranwelliae-s (17,865 ac; 7,230 ha). See
paragraph (k)(227)(ii) of this section for
the map of this unit.
(233) Hawaii 52–Cyanea tritomanthaj (4,213 ac; 1,705 ha).
(i) This unit is also critical habitat for
Hawaii 52–Cyrtandra wagneri-n, Hawaii
52–Melicope remyi-d, Hawaii 52–
Phyllostegia floribunda-t, Hawaii 52–
Pittosporum hawaiiense-v, Hawaii 52–
Schiedea diffusa ssp. macraei-t, and
Hawaii 52–Stenogyne cranwelliae-t (see
paragraphs (k)(234), (k)(235), (k)(236),
(k)(237), (k)(238), and (k)(239),
respectively, of this section).
(ii) Map 119 follows:
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Map 120
Hawaii 53–Bidens hillebrandiana ssp.
hillebrandiana-b
(241) Hawaii 54–Cyanea tritomanthak (7,651 ac; 3,096 ha)
(i) This unit is also critical habitat for
Hawaii 54–Melicope remyi-e, Hawaii
54–Phyllostegia floribunda-u, Hawaii
54–Pittosporum hawaiiense-w, Hawaii
54–Schiedea diffusa ssp. macraei-u, and
Hawaii 54–Stenogyne cranwelliae-u (see
paragraphs (k)(242), (k)(243), (k)(244),
(k)(245), and (k)(246), respectively, of
this section).
(ii) Map 121 follows:
Map 121
(234) Hawaii 52–Cyrtandra wagneri-n
(4,213 ac; 1,705 ha). See paragraph
(k)(233)(ii) of this section for the map of
this unit.
(235) Hawaii 52–Melicope remyi-d
(4,213 ac; 1,705 ha). See paragraph
(k)(233)(ii) of this section for the map of
this unit.
(236) Hawaii 52–Phyllostegia
floribunda-t (4,213 ac; 1,705 ha). See
paragraph (k)(233)(ii) of this section for
the map of this unit.
(237) Hawaii 52–Pittosporum
hawaiiense-v (4,213 ac; 1,705 ha). See
paragraph (k)(233)(ii) of this section for
the map of this unit.
(238) Hawaii 52–Schiedea diffusa ssp.
macraei-t (4,213 ac; 1,705 ha). See
paragraph (k)(233)(ii) of this section for
the map of this unit.
(239) Hawaii 52–Stenogyne
cranwelliae-t (4,213 ac; 1,705 ha). See
paragraph (k)(233)(ii) of this section for
the map of this unit.
PO 00000
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Hawaii 54–Cyanea tritomantha-k,
Hawaii 54–Melicope remyi-e, Hawaii
54–Phyllostegia floribunda-u, Hawaii
54–Pittosporum hawaiiense-w,
Hawaii 54–Schiedea diffusa ssp.
macraei-u, Hawaii 54–Stenogyne
cranwelliae-u
E:\FR\FM\29MRP3.SGM
EP29MR23.055</GPH> EP29MR23.056</GPH>
ddrumheller on DSK120RN23PROD with PROPOSALS3
Hawaii 52–Cyanea tritomantha-j,
Hawaii 52–Cyrtandra wagneri-n,
Hawaii 52–Melicope remyi-d, Hawaii
52–Phyllostegia floribunda-t, Hawaii
52–Pittosporum hawaiiense-v, Hawaii
52–Schiedea diffusa ssp. macraei-t,
Hawaii 52–Stenogyne cranwelliae-t
(240) Hawaii 53–Bidens
hillebrandiana ssp. hillebrandiana-b
(325 ac; 132 ha)
(i) [Reserved].
(ii) Map 120 follows:
29MRP3
EP29MR23.054</GPH>
18812
Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Proposed Rules
18813
(243) Hawaii 54–Phyllostegia
floribunda-u (7,651 ac; 3,096 ha). See
paragraph (k)(241)(ii) of this section for
the map of this unit.
(244) Hawaii 54–Pittosporum
hawaiiense-w (7,651 ac; 3,096 ha). See
paragraph (k)(241)(ii) of this section for
the map of this unit.
(245) Hawaii 54–Schiedea diffusa ssp.
macraei-u (7,651 ac; 3,096 ha). See
paragraph (k)(241)(ii) of this section for
the map of this unit.
(246) Hawaii 54–Stenogyne
cranwelliae-u (7,651 ac; 3,096 ha). See
paragraph (k)(241)(ii) of this section for
the map of this unit.
(247) Hawaii 55–Schiedea
hawaiiensis-a (6,822 ac; 2,761 ha)
(i) [Reserved].
(ii) Map 122 follows:
Map 122
Hawaii 55–Schiedea hawaiiensis-a
(242) Hawaii 54–Melicope remyi-e
(7,651 ac; 3,096 ha). See paragraph
(k)(241)(ii) of this section for the map of
this unit.
BILLING CODE 4333–15–C
(248) Table of Protected Species
Within Each Critical Habitat Unit for the
Island of Hawaii.
1—Clermontia lindseyana–a ..................
1—Clermontia peleana–a .......................
1—Clermontia pyrularia–a ......................
1—Cyanea shipmanii–a .........................
1—Phyllostegia racemosa–a ..................
2—Clermontia lindseyana–b ..................
2—Clermontia pyrularia–b ......................
2—Phyllostegia racemosa–b ..................
3—Clermontia peleana–b .......................
3—Cyanea platyphylla–a ........................
3—Cyanea tritomantha–a .......................
3—Cyrtandra giffardii–a ..........................
3—Cyrtandra tintinnabula–a ...................
3—Cyrtandra wagneri–a .........................
3—Melicope remyi–a ..............................
3—Phyllostegia floribunda–a ..................
3—Phyllostegia warshaueri–a ................
3—Pittosporum hawaiiense–a ................
3—Schiedea diffusa ssp. macraei–a ......
3—Stenogyne cranwelliae–a ..................
4—Isodendrion hosakae–a .....................
4—Isodendrion hosakae–b .....................
4—Isodendrion hosakae–c .....................
4—Isodendrion hosakae–d .....................
4—Isodendrion hosakae–e .....................
4—Isodendrion hosakae–f .....................
4—Vigna o-wahuensis–a ........................
4—Vigna o-wahuensis–b ........................
4—Vigna o-wahuensis–c ........................
5—Nothocestrum breviflorum–a .............
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Clermontia lindseyana .....................................
Clermontia peleana ..........................................
..........................................................................
Cyanea shipmanii ............................................
Phyllostegia racemosa .....................................
Clermontia lindseyana .....................................
Clermontia pyrularia .........................................
Phyllostegia racemosa .....................................
Clermontia peleana ..........................................
Cyanea platyphylla ...........................................
Cyanea tritomantha ..........................................
Cyrtandra giffardii .............................................
Cyrtandra tintinnabula ......................................
Cyrtandra wagneri ............................................
Melicope remyi .................................................
Phyllostegia floribunda .....................................
Phyllostegia warshaueri ...................................
..........................................................................
..........................................................................
Stenogyne cranwelliae .....................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
Isodendrion hosakae ........................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
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Clermontia lindseyana.
Clermontia peleana.
Clermontia pyrularia.
Cyanea shipmanii.
Phyllostegia racemosa.
Clermontia lindseyana.
Clermontia pyrularia.
Phyllostegia racemosa.
Clermontia peleana.
Cyanea platyphylla.
Cyanea tritomantha.
Cyrtandra giffardii.
Cyrtandra tintinnabula.
Cyrtandra wagneri.
Melicope remyi.
Phyllostegia floribunda.
Phyllostegia warshaueri.
Pittosporum hawaiiense.
Schiedea diffusa ssp. macraei.
Stenogyne cranwelliae.
Isodendrion hosakae.
Isodendrion hosakae.
Isodendrion hosakae.
Isodendrion hosakae.
Isodendrion hosakae.
Isodendrion hosakae.
Vigna o-wahuensis.
Vigna o-wahuensis.
Vigna o-wahuensis.
Nothocestrum breviflorum.
E:\FR\FM\29MRP3.SGM
29MRP3
EP29MR23.058</GPH>
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Species occupied
EP29MR23.057</GPH>
ddrumheller on DSK120RN23PROD with PROPOSALS3
Unit name
ddrumheller on DSK120RN23PROD with PROPOSALS3
18814
Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Proposed Rules
Unit name
Species occupied
Hawaii 6—Bidens hillebrandiana ssp.
hillebrandiana–a.
Hawaii 6—Nothocestrum breviflorum–b .............
Hawaii 7—Pleomele hawaiiensis–a ...................
Hawaii 8—Clermontia drepanomorpha–a ..........
Hawaii 8—Cyanea tritomantha–b .......................
Hawaii 8—Melicope remyi–b ..............................
Hawaii 8—Phyllostegia floribunda–b ..................
Hawaii 8—Phyllostegia warshaueri–b ................
Hawaii 8—Pittosporum hawaiiense–b, ...............
Hawaii 8—Schiedea diffusa ssp. macraei–b ......
Hawaii 8—Stenogyne cranwelliae–b ..................
Hawaii 9—Achyranthes mutica–a ......................
Hawaii 9—Achyranthes mutica–b ......................
Hawaii 9—Achyranthes mutica–c .......................
Hawaii 9—Achyranthes mutica–d ......................
Hawaii 9—Achyranthes mutica–e ......................
Hawaii 9—Achyranthes mutica–f .......................
Hawaii 9—Achyranthes mutica–g ......................
Hawaii 9—Achyranthes mutica–h ......................
Hawaii 9—Achyranthes mutica–i ........................
Hawaii 9—Achyranthes mutica–j ........................
Hawaii 9—Cyanea tritomantha–c .......................
Hawaii 9—Melicope remyi–c ..............................
Hawaii 9—Phyllostegia floribunda–c ..................
Hawaii 9—Pittosporum hawaiiense–c ................
Hawaii 9—Schiedea diffusa ssp. macraei–c ......
Hawaii 9—Stenogyne cranwelliae–c ..................
Hawaii 10—Argyroxiphium kauense–a ..............
Hawaii 10—Bidens micrantha ssp. ctenophylla–
a.
Hawaii 10—Bonamia menziesii–a ......................
Hawaii 10—Colubrina oppositifolia–a .................
Hawaii 10—Delissea undulata–a .......................
Hawaii 10—Delissea undulata–b .......................
Hawaii 10—Hibiscadelphus hualalaiensis–a ......
Hawaii 10—Hibiscus brackenridgei–a ................
Hawaii 10—Isodendrion pyrifolium–a .................
Hawaii 10—Mezoneuron kavaiense–a ...............
Hawaii 10—Neraudia ovata–a ...........................
Hawaii 10—Nothocestrum breviflorum–c ...........
Hawaii 10—Pleomele hawaiiensis–b .................
Hawaii 10—Solanum incompletum–a ................
Hawaii 10—Zanthoxylum dipetalum ssp.
tomentosum–a.
Hawaii 11—Cyanea hamatiflora ssp. carlsonii–a
Hawaii 11—Solanum incompletum–b ................
Hawaii 14—Cyanea hamatiflora ssp. carlsonii–b
Hawaii 15—Cyanea hamatiflora ssp. carlsonii–c
Hawaii 15—Cyanea marksii–a-Section 4 ...........
Hawaii 15—Cyanea marksii–b-Section 5 ...........
Hawaii 15—Cyanea stictophylla–a .....................
Hawaii 15—Phyllostegia floribunda–d-Section 4
Hawaii 15—Phyllostegia floribunda–e-Section 5
Hawaii 15—Pittosporum hawaiiense–d-Section
4.
Hawaii 15—Pittosporum hawaiiense–e-Section
5.
Hawaii 15—Schiedea diffusa ssp. macraei–dSection 4.
Hawaii 15—Schiedea diffusa ssp. macraei–eSection 5.
Hawaii 15—Stenogyne cranwelliae–d-Section 4
Hawaii 15—Stenogyne cranwelliae–e-Section 5
Hawaii 16—Cyanea hamatiflora ssp. carlsonii–d
Hawaii 16—Cyanea marksii–c ...........................
Hawaii 16—Cyanea stictophylla–b .....................
Hawaii 16—Phyllostegia floribunda–f .................
Hawaii 16—Pittosporum hawaiiense–f ...............
Hawaii 16—Schiedea diffusa ssp. macraei–f .....
Hawaii 16—Stenogyne cranwelliae–f .................
Hawaii 17—Diellia erecta–a ...............................
Hawaii 17—Flueggea neowawraea–a ................
Hawaii 18—Colubrina oppositifolia–b .................
Bidens hillebrandiana ssp. hillebrandiana .......
Bidens hillebrandiana ssp. hillebrandiana.
Nothocestrum breviflorum ................................
Pleomele hawaiiensis ......................................
Clermontia drepanomorpha .............................
Cyanea tritomantha ..........................................
..........................................................................
..........................................................................
Phyllostegia warshaueri ...................................
Pittosporum hawaiiense ...................................
Schiedea diffusa ssp. macraei .........................
Stenogyne cranwelliae .....................................
..........................................................................
Achyranthes mutica .........................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
Cyanea tritomantha ..........................................
..........................................................................
..........................................................................
Pittosporum hawaiiense ...................................
Schiedea diffusa ssp. macraei .........................
Stenogyne cranwelliae .....................................
..........................................................................
..........................................................................
Nothocestrum breviflorum.
Pleomele hawaiiensis.
Clermontia drepanomorpha.
Cyanea tritomantha.
Melicope remyi.
Phyllostegia floribunda.
Phyllostegia warshaueri.
Pittosporum hawaiiense.
Schiedea diffusa ssp. macraei.
Stenogyne cranwelliae.
Achyranthes mutica.
Achyranthes mutica.
Achyranthes mutica.
Achyranthes mutica.
Achyranthes mutica.
Achyranthes mutica.
Achyranthes mutica.
Achyranthes mutica.
Achyranthes mutica.
Achyranthes mutica.
Cyanea tritomantha.
Melicope remyi.
Phyllostegia floribunda.
Pittosporum hawaiiense.
Schiedea diffusa ssp. macraei.
Stenogyne cranwelliae.
Argyroxiphium kauense.
Bidens micrantha ssp. ctenophylla.
..........................................................................
Colubrina oppositifolia ......................................
..........................................................................
Delissea undulata ............................................
Hibiscadelphus hualalaiensis ...........................
Hibiscus brackenridgei .....................................
..........................................................................
Mezoneuron kavaiense ....................................
..........................................................................
Nothocestrum breviflorum ................................
Pleomele hawaiiensis ......................................
..........................................................................
Zanthoxylum dipetalum ssp. tomentosum .......
Bonamia menziesii.
Colubrina oppositifolia.
Delissea undulata.
Delissea undulata.
Hibiscadelphus hualalaiensis.
Hibiscus brackenridgei.
Isodendrion pyrifolium.
Mezoneuron kavaiense.
Neraudia ovata.
Nothocestrum breviflorum.
Pleomele hawaiiensis.
Solanum incompletum.
Zanthoxylum dipetalum ssp. tomentosum.
Cyanea hamatiflora ssp. carlsonii ....................
..........................................................................
..........................................................................
..........................................................................
Cyanea marksii ................................................
Cyanea marksii ................................................
Cyanea stictophylla ..........................................
Phyllostegia floribunda .....................................
..........................................................................
Pittosporum hawaiiense ...................................
Cyanea hamatiflora ssp. carlsonii.
Solanum incompletum.
Cyanea hamatiflora ssp. carlsonii.
Cyanea hamatiflora ssp. carlsonii.
Cyanea marksii.
Cyanea marksii.
Cyanea stictophylla.
Phyllostegia floribunda.
Phyllostegia floribunda.
Pittosporum hawaiiense.
..........................................................................
Pittosporum hawaiiense.
..........................................................................
Schiedea diffusa ssp. macraei.
..........................................................................
Schiedea diffusa ssp. macraei.
..........................................................................
..........................................................................
Cyanea hamatiflora ssp. carlsonii ....................
Cyanea marksii ................................................
Cyanea stictophylla ..........................................
Phyllostegia floribunda .....................................
..........................................................................
..........................................................................
..........................................................................
Diellia erecta ....................................................
Flueggea neowawraea .....................................
Colubrina oppositifolia ......................................
Stenogyne cranwelliae.
Stenogyne cranwelliae.
Cyanea hamatiflora ssp. carlsonii.
Cyanea marksii.
Cyanea stictophylla.
Phyllostegia floribunda.
Pittosporum hawaiiense.
Schiedea diffusa ssp. macraei.
Stenogyne cranwelliae.
Diellia erecta.
Flueggea neowawraea.
Colubrina oppositifolia.
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Species unoccupied
E:\FR\FM\29MRP3.SGM
29MRP3
ddrumheller on DSK120RN23PROD with PROPOSALS3
Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Proposed Rules
Unit name
Species occupied
Hawaii 18—Diellia erecta–b ...............................
Hawaii 18—Flueggea neowawraea–b ................
Hawaii 18—Gouania vitifolia–a ..........................
Hawaii 18—Neraudia ovata–d ...........................
Hawaii 18—Pleomele hawaiiensis–c ..................
Hawaii 19—Mariscus fauriei–a ...........................
Hawaii 20—Sesbania tomentosa–a ...................
Hawaii 21—Ischaemum byrone–a .....................
Hawaii 22—Ischaemum byrone–b .....................
Hawaii 23—Cyrtandra wagneri–b .......................
Hawaii 23—Phyllostegia floribunda–g ................
Hawaii 23—Pittosporum hawaiiense–g ..............
Hawaii 23—Pleomele hawaiiensis–d .................
Hawaii 23—Sesbania tomentosa–b ...................
Hawaii 24—Argyroxiphium kauense–b ..............
Hawaii 24—Asplenium fragile var. insulare–a ...
Hawaii 24—Cyanea stictophylla–c .....................
Hawaii 24—Cyanea tritomantha–d-Section 8 ....
Hawaii 24—Cyrtandra wagneri–c-Section 8 ......
Hawaii 24—Cyrtandra wagneri–d-Section 9 ......
Hawaii 24—Melicope zahlbruckneri–a ...............
Hawaii 24—Phyllostegia velutina–a ...................
Hawaii 24—Pittosporum hawaiiense–h-Section
8.
Hawaii 24—Pittosporum hawaiiense–i-Section 9
Hawaii 24—Plantago hawaiensis–a ...................
Hawaii 24—Schiedea diffusa ssp. macraei–gSection 8.
Hawaii 24—Schiedea diffusa ssp. macraei–hSection 9.
Hawaii 24—Stenogyne cranwelliae–g-Section 8
Hawaii 24—Stenogyne cranwelliae–h-Section 9
Hawaii 25—Argyroxiphium kauense–c ...............
Hawaii 25—Plantago hawaiensis–b ...................
Hawaii 25—Silene hawaiiensis–a ......................
Hawaii 26—Hibiscadelphus giffardianus–a ........
Hawaii 26—Melicope zahlbruckneri–b ...............
Hawaii 27—Portulaca sclerocarpa–a .................
Hawaii 27—Silene hawaiiensis–b ......................
Hawaii 28—Adenophorus periens–a ..................
Hawaii 28—Cyrtandra nanawaleensis–a ...........
Hawaii 28—Cyrtandra wagneri–e .......................
Hawaii 28—Phyllostegia floribunda–h ................
Hawaii 29—Clermontia peleana–c .....................
Hawaii 29—Cyanea platyphylla–b .....................
Hawaii 29—Cyanea tritomantha-e .....................
Hawaii 29—Cyrtandra giffardii–b ........................
Hawaii 29—Cyrtandra tintinnabula–b .................
Hawaii 29—Cyrtandra wagneri–f ........................
Hawaii 29—Phyllostegia floribunda–i .................
Hawaii 29—Pittosporum hawaiiense–j ...............
Hawaii 29—Schiedea diffusa ssp. macraei–i .....
Hawaii 29—Stenogyne cranwelliae–i .................
Hawaii 30—Argyroxiphium kauense–d ..............
Hawaii 30—Clermontia lindseyana–c .................
Hawaii 30—Cyanea shipmanii–b .......................
Hawaii 30—Cyanea shipmanii–c ........................
Hawaii 30—Cyanea stictophylla–d .....................
Hawaii 30—Cyanea tritomantha–f .....................
Hawaii 30—Cyrtandra giffardii–c ........................
Hawaii 30—Cyrtandra wagneri–g .......................
Hawaii 30—Phyllostegia floribunda–j .................
Hawaii 30—Phyllostegia racemosa–c ................
Hawaii 30—Phyllostegia velutina–b ...................
Hawaii 30—Pittosporum hawaiiense–k ..............
Hawaii 30—Plantago hawaiensis–c ...................
Hawaii 30—Schiedea diffusa ssp. macraei–j .....
Hawaii 30—Sicyos alba–a .................................
Hawaii 30—Stenogyne cranwelliae–j .................
Hawaii 31—Bidens micrantha ssp. ctenophylla–
b.
Hawaii 31—Isodendrion pyrifolium–b .................
Hawaii 31—Mezoneuron kavaiense–b ...............
Hawaii 33—Bidens micrantha ssp. ctenophylla–
d.
Diellia erecta ....................................................
Flueggea neowawraea .....................................
Gouania vitifolia ...............................................
Neraudia ovata .................................................
Pleomele hawaiiensis ......................................
Mariscus fauriei ................................................
Sesbania tomentosa ........................................
..........................................................................
Ischaemum byrone ..........................................
..........................................................................
Phyllostegia floribunda .....................................
Pittosporum hawaiiense ...................................
Pleomele hawaiiensis ......................................
Sesbania tomentosa ........................................
Argyroxiphium kauense ...................................
Asplenium fragile var. insulare ........................
..........................................................................
Cyanea tritomantha ..........................................
..........................................................................
..........................................................................
..........................................................................
Phyllostegia velutina ........................................
Pittosporum hawaiiense ...................................
Diellia erecta.
Flueggea neowawraea.
Gouania vitifolia.
Neraudia ovata.
Pleomele hawaiiensis.
Mariscus fauriei.
Sesbania tomentosa.
Ischaemum byrone.
Ischaemum byrone.
Cyrtandra wagneri.
Phyllostegia floribunda.
Pittosporum hawaiiense.
Pleomele hawaiiensis.
Sesbania tomentosa.
Argyroxiphium kauense.
Asplenium fragile var. insulare.
Cyanea stictophylla.
Cyanea tritomantha.
Cyrtandra wagneri.
Cyrtandra wagneri.
Melicope zahlbruckneri.
Phyllostegia velutina.
Pittosporum hawaiiense.
Pittosporum hawaiiense ...................................
Plantago hawaiensis ........................................
Schiedea diffusa ssp. macraei .........................
Pittosporum hawaiiense.
Plantago hawaiensis.
Schiedea diffusa ssp. macraei.
Schiedea diffusa ssp. macraei .........................
Schiedea diffusa ssp. macraei.
..........................................................................
..........................................................................
Argyroxiphium kauense ...................................
Plantago hawaiensis ........................................
Silene hawaiiensis ...........................................
Hibiscadelphus giffardianus .............................
Melicope zahlbruckneri ....................................
Portulaca sclerocarpa ......................................
Silene hawaiiensis ...........................................
Adenophorus periens .......................................
Cyrtandra nanawaleensis ................................
..........................................................................
Phyllostegia floribunda .....................................
Clermontia peleana ..........................................
Cyanea platyphylla ...........................................
Cyanea tritomantha ..........................................
..........................................................................
..........................................................................
..........................................................................
Phyllostegia floribunda .....................................
Pittosporum hawaiiense ...................................
Schiedea diffusa ssp. macraei .........................
..........................................................................
Argyroxiphium kauense ...................................
Clermontia lindseyana .....................................
Cyanea shipmanii ............................................
..........................................................................
..........................................................................
Cyanea tritomantha ..........................................
Cyrtandra giffardii .............................................
..........................................................................
Phyllostegia floribunda .....................................
..........................................................................
Phyllostegia velutina ........................................
Pittosporum hawaiiense ...................................
Plantago hawaiensis ........................................
Schiedea diffusa ssp. macraei .........................
Sicyos alba .......................................................
..........................................................................
..........................................................................
Stenogyne cranwelliae.
Stenogyne cranwelliae.
Argyroxiphium kauense.
Plantago hawaiensis.
Silene hawaiiensis.
Hibiscadelphus giffardianus.
Melicope zahlbruckneri.
Portulaca sclerocarpa.
Silene hawaiiensis.
Adenophorus periens.
Cyrtandra nanawaleensis.
Cyrtandra wagneri.
Phyllostegia floribunda.
Clermontia peleana.
Cyanea platyphylla.
Cyanea tritomantha.
Cyrtandra giffardii.
Cyrtandra tintinnabula.
Cyrtandra wagneri.
Phyllostegia floribunda.
Pittosporum hawaiiense.
Schiedea diffusa ssp. macraei.
Stenogyne cranwelliae.
Argyroxiphium kauense.
Clermontia lindseyana.
Cyanea shipmanii.
Cyanea shipmanii.
Cyanea stictophylla.
Cyanea tritomantha.
Cyrtandra giffardii.
Cyrtandra wagneri.
Phyllostegia floribunda.
Phyllostegia racemosa.
Phyllostegia velutina.
Pittosporum hawaiiense.
Plantago hawaiensis.
Schiedea diffusa ssp. macraei.
Sicyos alba.
Stenogyne cranwelliae.
Bidens micrantha ssp. ctenophylla.
..........................................................................
Mezoneuron kavaiense ....................................
..........................................................................
Isodendrion pyrifolium.
Mezoneuron kavaiense.
Bidens micrantha ssp. ctenophylla
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Unit name
Species occupied
Hawaii 33—Isodendrion pyrifolium–d .................
Hawaii 33—Mezoneuron kavaiense–d ...............
Hawaii 34—Bidens micrantha ssp. ctenophylla–
e.
Hawaii 34—Isodendrion pyrifolium–e .................
Hawaii 34—Mezoneuron kavaiense–e ...............
Hawaii 36—Bidens micrantha ssp. ctenophylla–
g.
Hawaii 36—Isodendrion pyrifolium–g .................
Hawaii 37—Cyanea marksii–d ...........................
Hawaii 37—Phyllostegia floribunda–k ................
Hawaii 37—Pittosporum hawaiiense–l ...............
Hawaii 37—Schiedea diffusa ssp. macraei–k ....
Hawaii 37—Stenogyne cranwelliae–k ................
Hawaii 38—Cyanea marksii–e ...........................
Hawaii 38—Phyllostegia floribunda–l .................
Hawaii 38—Pittosporum hawaiiense–m .............
Hawaii 38—Schiedea diffusa ssp. macraei–l .....
Hawaii 38—Stenogyne cranwelliae–l .................
Hawaii 39—Cyanea marksii–f ............................
Hawaii 39—Phyllostegia floribunda–m ...............
Hawaii 39—Pittosporum hawaiiense–n ..............
Hawaii 39—Schiedea diffusa ssp. macraei–m ...
Hawaii 39—Stenogyne cranwelliae–m ...............
Hawaii 40—Cyanea marksii–g ...........................
Hawaii 40—Phyllostegia floribunda–n ................
Hawaii 40—Pittosporum hawaiiense–o ..............
Hawaii 40—Schiedea diffusa ssp. macraei–n ....
Hawaii 40—Stenogyne cranwelliae–n ................
Hawaii 41—Cyanea marksii–h ...........................
Hawaii 41—Phyllostegia floribunda–o ................
Hawaii 41—Pittosporum hawaiiense–p ..............
Hawaii 41—Schiedea diffusa ssp. macraei–o ....
Hawaii 41—Stenogyne cranwelliae–o ................
Hawaii 42—Cyanea tritomantha–g .....................
Hawaii 42—Cyrtandra wagneri–h .......................
Hawaii 42—Phyllostegia floribunda–p ................
Hawaii 42—Pittosporum hawaiiense–q ..............
Hawaii 42—Schiedea diffusa ssp. macraei–p ....
Hawaii 42—Stenogyne cranwelliae–p ................
Hawaii 43—Cyrtandra wagneri–i ........................
Hawaii 43—Pittosporum hawaiiense–r ...............
Hawaii 43—Schiedea diffusa ssp. macraei–q ....
Hawaii 43—Stenogyne cranwelliae–q ................
Hawaii 44—Cyanea tritomantha–h .....................
Hawaii 44—Cyrtandra wagneri–j ........................
Hawaii 44—Pittosporum hawaiiense–s ..............
Hawaii 44—Schiedea diffusa ssp. macraei–r ....
Hawaii 44—Stenogyne cranwelliae–r .................
Hawaii 45—Cyrtandra wagneri–k .......................
Hawaii 45—Phyllostegia floribunda–q ................
Hawaii 45—Pittosporum hawaiiense–t ...............
Hawaii 46—Cyrtandra nanawaleensis–b ...........
Hawaii 46—Cyrtandra wagneri–l ........................
Hawaii 46—Phyllostegia floribunda–r .................
Hawaii 47—Cyrtandra nanawaleensis–c ............
Hawaii 48—Cyrtandra nanawaleensis–d ...........
Hawaii 49—Cyrtandra nanawaleensis–e ...........
Hawaii 50—Cyrtandra nanawaleensis–f ............
Hawaii 51—Cyanea tritomantha–i ......................
Hawaii 51—Cyrtandra wagneri–m ......................
Hawaii 51—Phyllostegia floribunda–s ................
Hawaii 51—Pittosporum hawaiiense–u ..............
Hawaii 51—Schiedea diffusa ssp. macraei–s ....
Hawaii 51—Stenogyne cranwelliae–s ................
Hawaii 52—Cyanea tritomantha–j ......................
Hawaii 52—Cyrtandra wagneri–n .......................
Hawaii 52—Melicope remyi–d ............................
Hawaii 52—Phyllostegia floribunda–t .................
Hawaii 52—Pittosporum hawaiiense–v ..............
Hawaii 52—Schiedea diffusa ssp. macraei–t .....
Hawaii 52—Stenogyne cranwelliae–t .................
Hawaii 53—Bidens hillebrandiana ssp.
hillebrandiana–b.
..........................................................................
..........................................................................
..........................................................................
Isodendrion pyrifolium.
Mezoneuron kavaiense.
Bidens micrantha ssp. ctenophylla.
..........................................................................
..........................................................................
Bidens micrantha ssp. ctenophylla ..................
Isodendrion pyrifolium.
Mezoneuron kavaiense.
Bidens micrantha ssp. ctenophylla.
..........................................................................
Cyanea marksii ................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
Cyanea marksii ................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
Cyanea marksii ................................................
Phyllostegia floribunda .....................................
Pittosporum hawaiiense ...................................
..........................................................................
..........................................................................
Cyanea marksii ................................................
Phyllostegia floribunda .....................................
..........................................................................
..........................................................................
..........................................................................
Cyanea marksii ................................................
Phyllostegia floribunda .....................................
Pittosporum hawaiiense ...................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
Pittosporum hawaiiense ...................................
Schiedea diffusa ssp. macraei .........................
..........................................................................
..........................................................................
Pittosporum hawaiiense ...................................
Schiedea diffusa ssp. macraei .........................
..........................................................................
Cyanea tritomantha ..........................................
..........................................................................
Pittosporum hawaiiense ...................................
Schiedea diffusa ssp. macraei .........................
..........................................................................
..........................................................................
Phyllostegia floribunda .....................................
Pittosporum hawaiiense ...................................
Cyrtandra nanawaleensis ................................
..........................................................................
Phyllostegia floribunda .....................................
Cyrtandra nanawaleensis ................................
Cyrtandra nanawaleensis ................................
Cyrtandra nanawaleensis ................................
Cyrtandra nanawaleensis ................................
Cyanea tritomantha ..........................................
..........................................................................
Phyllostegia floribunda .....................................
Pittosporum hawaiiense ...................................
Schiedea diffusa ssp. macraei .........................
..........................................................................
Cyanea tritomantha ..........................................
Cyrtandra wagneri ............................................
Melicope remyi .................................................
Phyllostegia floribunda .....................................
..........................................................................
..........................................................................
Stenogyne cranwelliae .....................................
Bidens hillebrandiana ssp. hillebrandiana .......
Isodendrion pyrifolium.
Cyanea marksii.
Phyllostegia floribunda.
Pittosporum hawaiiense.
Schiedea diffusa ssp. macraei.
Stenogyne cranwelliae.
Cyanea marksii.
Phyllostegia floribunda.
Pittosporum hawaiiense.
Schiedea diffusa ssp. macraei.
Stenogyne cranwelliae.
Cyanea marksii.
Phyllostegia floribunda.
Pittosporum hawaiiense.
Schiedea diffusa ssp. macraei.
Stenogyne cranwelliae.
Cyanea marksii.
Phyllostegia floribunda.
Pittosporum hawaiiense.
Schiedea diffusa ssp. macraei.
Stenogyne cranwelliae.
Cyanea marksii.
Phyllostegia floribunda.
Pittosporum hawaiiense.
Schiedea diffusa ssp. macraei.
Stenogyne cranwelliae.
Cyanea tritomantha.
Cyrtandra wagneri.
Phyllostegia floribunda.
Pittosporum hawaiiense.
Schiedea diffusa ssp. macraei.
Stenogyne cranwelliae.
Cyrtandra wagneri.
Pittosporum hawaiiense.
Schiedea diffusa ssp. macraei.
Stenogyne cranwelliae.
Cyanea tritomantha.
Cyrtandra wagneri.
Pittosporum hawaiiense.
Schiedea diffusa ssp. macraei.
Stenogyne cranwelliae.
Cyrtandra wagneri.
Phyllostegia floribunda.
Pittosporum hawaiiense.
Cyrtandra nanawaleensis.
Cyrtandra wagneri.
Phyllostegia floribunda.
Cyrtandra nanawaleensis.
Cyrtandra nanawaleensis.
Cyrtandra nanawaleensis.
Cyrtandra nanawaleensis.
Cyanea tritomantha.
Cyrtandra wagneri.
Phyllostegia floribunda.
Pittosporum hawaiiense.
Schiedea diffusa ssp. macraei.
Stenogyne cranwelliae.
Cyanea tritomantha.
Cyrtandra wagneri.
Melicope remyi.
Phyllostegia floribunda.
Pittosporum hawaiiense.
Schiedea diffusa ssp. macraei.
Stenogyne cranwelliae.
Bidens hillebrandiana ssp. hillebrandiana.
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Unit name
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Hawaii
Species occupied
54—Cyanea tritomantha–k .....................
54—Melicope remyi–e ............................
54—Phyllostegia floribunda–u ................
54—Pittosporum hawaiiense–w .............
54—Schiedea diffusa ssp. macraei–u ....
54—Stenogyne cranwelliae–u ................
55—Schiedea hawaiiensis–a .................
*
*
*
*
*
(1) Plants on the island of Hawaii;
Constituent elements.—(1) Flowering
plants.
*
*
*
*
*
ddrumheller on DSK120RN23PROD with PROPOSALS3
Family Asteraceae: Bidens
hillebrandiana ssp. hillebrandiana
(KOOKOOLAU)
Hawaii 6–Bidens hillebrandiana ssp.
hillebrandiana-a and Hawaii 53–Bidens
hillebrandiana ssp. hillebrandiana-b,
identified in the legal descriptions in
paragraph (k) of this section, constitute
critical habitat for Bidens
hillebrandiana ssp. hillebrandiana on
Hawaii Island. In units Hawaii 6–Bidens
hillebrandiana ssp. hillebrandiana-a
and Hawaii 53–Bidens hillebrandiana
ssp. hillebrandiana-b, the physical and
biological features of critical habitat in
coastal ecosystem are:
(i) Elevation: Less than 980 feet (ft)
(300 meters (m)).
(ii) Annual precipitation: Less than 47
inches (in) (120 centimeters (cm)) to
greater than 98 in (250 cm).
(iii) Substrate: Well-drained talus,
calcareous slopes, dunes.
(iv) Canopy contains one or more of
the following native plant genera:
Diospyros, Metrosideros, Myoporum,
Pritchardia.
(v) Subcanopy contains one or more
of the following native plant genera:
Chenopodium, Gossypium,
Heliotropium, Santalum, Scaevola.
(vi) Understory contains one or more
of the following native plant genera:
Eragrostis, Sesuvium, Sida, Sporobolus.
*
*
*
*
*
Family Campanulaceae: Cyanea marksii
(HAHA)
Hawaii 15–Cyanea marksii-a-Section
4, Hawaii 15–Cyanea marksii-b-Section
5, Hawaii 16–Cyanea marksii-c, Hawaii
37–Cyanea marksii-d, Hawaii 38–
Cyanea marksii-e, Hawaii 39–Cyanea
marksii-f, Hawaii 40–Cyanea marksii-g,
and Hawaii 41–Cyanea marksii-h,
identified in the legal descriptions in
paragraph (k) of this section, constitute
critical habitat for Cyanea marksii on
Hawaii Island. In units Hawaii 15–
Cyanea marksii-a-Section 4, Hawaii 15–
Cyanea marksii-b-Section 5, Hawaii 16–
Cyanea marksii-c, Hawaii 37–Cyanea
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Cyanea tritomantha ..........................................
..........................................................................
..........................................................................
Pittosporum hawaiiense ...................................
Schiedea diffusa ssp. macraei .........................
Stenogyne cranwelliae .....................................
..........................................................................
marksii-d, Hawaii 38–Cyanea marksii-e,
Hawaii 39–Cyanea marksii-f, Hawaii
40–Cyanea marksii-g, and Hawaii 41–
Cyanea marksii-h, the physical and
biological features of critical habitat in
wet forest ecosystem are:
(i) Elevation: Less than 7,300 ft (2,225
m).
(ii) Annual precipitation: Greater than
98 in (250 cm).
(iii) Substrate: Very weathered soils to
rocky substrate, basaltic lava,
undeveloped soils, developed soils.
(iv) Canopy contains one or more of
the following native plant genera:
Acacia, Antidesma, Cheirodendron,
Ilex, Melicope, Metrosideros, Myrsine,
Pittosporum, Psychotria.
(v) Subcanopy contains one or more
of the following native plant genera:
Cibotium, Clermontia, Coprosma,
Cyanea, Freycinetia, Hydrangea,
Vaccinium.
(vi) Understory contains one or more
of the following native plant genera:
Adenophorus, Cibotium, Cyrtandra,
Dicranopteris, Huperzia, Peperomia,
Stenogyne.
*
*
*
*
*
Family Campanulaceae: Cyanea
tritomantha (AKU)
Hawaii 3–Cyanea tritomantha-a,
Hawaii 8–Cyanea tritomantha-b, Hawaii
9–Cyanea tritomantha-c, Hawaii 24–
Cyanea tritomantha-d, Hawaii 29–
Cyanea tritomantha-e, Hawaii 30–
Cyanea tritomantha-f, Hawaii 42–
Cyanea tritomantha-g, Hawaii 44–
Cyanea tritomantha-h, Hawaii 51–
Cyanea tritomantha-i, Hawaii 52–
Cyanea tritomantha-j, and Hawaii 54–
Cyanea tritomantha-k, identified in the
legal descriptions in paragraph (k) of
this section, constitute critical habitat
for Cyanea tritomantha on Hawaii
Island.
(i) In units Hawaii 3–Cyanea
tritomantha-a, Hawaii 24–Cyanea
tritomantha-d, Hawaii 29–Cyanea
tritomantha-e, Hawaii 30–Cyanea
tritomantha-f, Hawaii 42–Cyanea
tritomantha-g, Hawaii 44–Cyanea
tritomantha-h, Hawaii 51–Cyanea
tritomantha-i, and Hawaii 52–Cyanea
tritomantha-j, the physical and
biological features of critical habitat in
wet forest ecosystem are:
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Cyanea tritomantha.
Melicope remyi.
Phyllostegia floribunda.
Pittosporum hawaiiense.
Schiedea diffusa ssp. macraei.
Stenogyne cranwelliae.
Schiedea hawaiiensis.
(A) Elevation: Less than 7,300 ft
(2,225 m).
(B) Annual precipitation: Greater than
98 in (250 cm).
(C) Substrate: Very weathered soils to
rocky substrate, basaltic lava,
undeveloped soils, developed soils.
(D) Canopy contains one or more of
the following native plant genera:
Acacia, Antidesma, Cheirodendron,
Ilex, Melicope, Metrosideros, Myrsine,
Pittosporum, Psychotria.
(E) Subcanopy contains one or more
of the following native plant genera:
Cibotium, Clermontia, Coprosma,
Cyanea, Freycinetia, Hydrangea,
Vaccinium.
(F) Understory contains one or more
of the following native plant genera:
Adenophorus, Cibotium, Cyrtandra,
Dicranopteris, Huperzia, Peperomia,
Stenogyne.
(ii) In units Hawaii 8–Cyanea
tritomantha-b, Hawaii 9–Cyanea
tritomantha-c, and Hawaii 54–Cyanea
tritomantha-k, the physical and
biological features of critical habitat in
wet forest ecosystem are those provided
above in paragraphs (i)(A) through (F) of
this entry, and in wet grassland and
shrubland ecosystem are:
(A) Elevation: 660 to 2,950 ft (200 to
900 m).
(B) Annual precipitation: 98 to 197 in
(250 to 500 cm).
(C) Substrate: Older, weathered soils
to younger, rocky substrates.
(D) Canopy contains one or more of
the following native plant genera: Ilex,
Kadua, Melicope, Metrosideros,
Myrsine.
(E) Subcanopy contains one or more
of the following native plant genera:
Cibotium, Clermontia, Dubautia,
Freycinetia, Hydrangea, Lobelia,
Pipturus, Touchardia, Urera,
Vaccinium.
(F) Understory contains one or more
of the following native plant genera:
Carex, Cladium, Deschampsia,
Dicranopteris, Eragrostis, Peperomia,
Phyllostegia, Scaevola.
*
*
*
*
*
Family Caryophyllaceae: Schiedea
diffusa ssp. macraei (no common name)
Hawaii 3–Schiedea diffusa ssp.
macraei-a, Hawaii 8–Schiedea diffusa
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ssp. macraei-b, Hawaii 9–Schiedea
diffusa ssp. macraei-c, Hawaii 15–
Schiedea diffusa ssp. macraei-d-Section
4, Hawaii 15–Schiedea diffusa ssp.
macraei-e-Section 5, Hawaii 16–
Schiedea diffusa ssp. macraei-f, Hawaii
24–Schiedea diffusa ssp. macraei-gSection 8, Hawaii 24–Schiedea diffusa
ssp. macraei-h-Section 9, Hawaii 29–
Schiedea diffusa ssp. macraei-i, Hawaii
30–Schiedea diffusa ssp. macraei-j,
Hawaii 37–Schiedea diffusa ssp.
macraei-k, Hawaii 38–Schiedea diffusa
ssp. macraei-l, Hawaii 39–Schiedea
diffusa ssp. macraei-m, Hawaii 40–
Schiedea diffusa ssp. macraei-n, Hawaii
41–Schiedea diffusa ssp. macraei-o,
Hawaii 42–Schiedea diffusa ssp.
macraei-p, Hawaii 43–Schiedea diffusa
ssp. macraei-q, Hawaii 44–Schiedea
diffusa ssp. macraei-r, Hawaii 51–
Schiedea diffusa ssp. macraei-s, Hawaii
52–Schiedea diffusa ssp. macraei-t, and
Hawaii 54–Schiedea diffusa ssp.
macraei-u, identified in the legal
descriptions in paragraph (k) of this
section, constitute critical habitat for
Schiedea diffusa ssp. macraei on
Hawaii Island. In units Hawaii 3–
Schiedea diffusa ssp. macraei-a, Hawaii
8–Schiedea diffusa ssp. macraei-b,
Hawaii 9–Schiedea diffusa ssp.
macraei-c, Hawaii 15–Schiedea diffusa
ssp. macraei-d-Section 4, Hawaii 15–
Schiedea diffusa ssp. macraei-e-Section
5, Hawaii 16–Schiedea diffusa ssp.
macraei-f, Hawaii 24–Schiedea diffusa
ssp. macraei-g-Section 8, Hawaii 24–
Schiedea diffusa ssp. macraei-h-Section
9, Hawaii 29–Schiedea diffusa ssp.
macraei-i, Hawaii 30–Schiedea diffusa
ssp. macraei-j, Hawaii 37–Schiedea
diffusa ssp. macraei-k, Hawaii 38–
Schiedea diffusa ssp. macraei-l, Hawaii
39–Schiedea diffusa ssp. macraei-m,
Hawaii 40–Schiedea diffusa ssp.
macraei-n, Hawaii 41–Schiedea diffusa
ssp. macraei-o, Hawaii 42–Schiedea
diffusa ssp. macraei-p, Hawaii 43–
Schiedea diffusa ssp. macraei-q, Hawaii
44–Schiedea diffusa ssp. macraei-r,
Hawaii 51–Schiedea diffusa ssp.
macraei-s, Hawaii 52–Schiedea diffusa
ssp. macraei-t, and Hawaii 54–Schiedea
diffusa ssp. macraei-u, the physical and
biological features of critical habitat in
wet forest ecosystem are:
(i) Elevation: Less than 7,300 ft (2,225
m).
(ii) Annual precipitation: Greater than
98 in (250 cm).
(iii) Substrate: Very weathered soils to
rocky substrate, basaltic lava,
undeveloped soils, developed soils.
(iv) Canopy contains one or more of
the following native plant genera:
Acacia, Antidesma, Cheirodendron,
Ilex, Melicope, Metrosideros, Myrsine,
Pittosporum, Psychotria.
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(v) Subcanopy contains one or more
of the following native plant genera:
Cibotium, Clermontia, Coprosma,
Cyanea, Freycinetia, Hydrangea,
Vaccinium.
(vi) Understory contains one or more
of the following native plant genera:
Adenophorus, Cibotium, Cyrtandra,
Dicranopteris, Huperzia, Peperomia,
Stenogyne.
*
*
*
*
*
Family Caryophyllaceae: Schiedea
hawaiiensis (MAOLIOLI)
Hawaii 55–Schiedea hawaiiensis-a,
identified in the legal descriptions in
paragraph (k) of this section, constitute
critical habitat for Schiedea hawaiiensis
on Hawaii Island. In unit Hawaii 55–
Schiedea hawaiiensis-a, the physical
and biological features of critical habitat
in dry forest ecosystem are:
(i) Elevation: Less than 9,500 ft (2,900
m).
(ii) Annual precipitation: Less than 79
in (200 cm).
(iii) Substrate: Well-drained, sandy
loams or loams from volcanic ash or
cinder; weathered basaltic lava.
(iv) Canopy contains one or more of
the following native plant genera:
Acacia, Colubrina, Diospyros, Erythrina,
Melicope, Metrosideros, Myoporum,
Myrsine, Sophora.
(v) Subcanopy contains one or more
of the following native plant genera:
Achyranthes, Euphorbia, Leptecophylla,
Nototrichium.
(vi) Understory contains one or more
of the following native plant genera:
Dodonaea, Doryopteris, Heteropogon,
Pellaea.
*
*
*
*
*
Family Gesneriaceae: Cyrtandra
nanawaleensis (HAIWALE)
Hawaii 28–Cyrtandra nanawaleensisa, Hawaii 46–Cyrtandra nanawaleensisb, Hawaii 47–Cyrtandra nanawaleensisc, Hawaii 48–Cyrtandra nanawaleensisd, Hawaii 49–Cyrtandra nanawaleensise, and Hawaii 50–Cyrtandra
nanawaleensis-f, identified in the legal
descriptions in paragraph (k) of this
section, constitute critical habitat for
Cyrtandra nanawaleensis on Hawaii
Island.
(i) In units Hawaii 28–Cyrtandra
nanawaleensis-a, Hawaii 46–Cyrtandra
nanawaleensis-b, Hawaii 47–Cyrtandra
nanawaleensis-c, and Hawaii 48–
Cyrtandra nanawaleensis-d, the
physical and biological features of
critical habitat in wet forest ecosystem
are:
(A) Elevation: Less than 7,300 ft
(2,225 m).
(B) Annual precipitation: Greater than
98 in (250 cm).
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(C) Substrate: Very weathered soils to
rocky substrate, basaltic lava,
undeveloped soils, developed soils.
(D) Canopy contains one or more of
the following native plant genera:
Acacia, Antidesma, Cheirodendron,
Ilex, Melicope, Metrosideros, Myrsine,
Pittosporum, Psychotria.
(E) Subcanopy contains one or more
of the following native plant genera:
Cibotium, Clermontia, Coprosma,
Cyanea, Freycinetia, Hydrangea,
Vaccinium.
(F) Understory contains one or more
of the following native plant genera:
Adenophorus, Cibotium, Cyrtandra,
Dicranopteris, Huperzia, Peperomia,
Stenogyne.
(ii) In units Hawaii 49–Cyrtandra
nanawaleensis-e and Hawaii 50–
Cyrtandra nanawaleensis-f, the physical
and biological features of critical habitat
in wet forest ecosystem are those
provided above in paragraphs (i)(A)
through (F) of this entry, and in the
mesic forest ecosystem and mesic
grassland and shrubland ecosystem are:
(A) Elevation: Less than 6,600 ft
(2,000 m) in mesic forest ecosystem, and
100 to 7,500 ft (30 to 2,300 m) in mesic
grassland and shrubland ecosystem.
(B) Annual precipitation: 39 to 150 in
(100 to 380 cm) in mesic forest
ecosystem, and 39 to 98 in (100 to 250
cm) in mesic grassland and shrubland
ecosystem.
(C) Substrate: Rocky, shallow, organic
muck soils; rocky talus soils; shallow
soils over weathered rock; deep soils
over soft weathered rock; and gravelly
alluvium in mesic forest ecosystem; and
shallow soils that frequently dry with
rocky outcrops in mesic grassland and
shrubland ecosystem.
(D) Canopy contains one or more of
the following native plant genera:
Acacia, Antidesma, Charpentiera,
Chrysodracon, Metrosideros, Myrsine,
Nestegis, Pisonia, Santalum in mesic
forest ecosystem; and Coprosma,
Metrosideros, Wilkesia in mesic
grassland and shrubland ecosystem.
(E) Subcanopy contains one or more
of the following native plant genera:
Coprosma, Freycinetia, Leptecophylla,
Myoporum, Pipturus, Rubus, Sadleria,
Sophora in mesic forest ecosystem; and
Dodonaea, Dubautia, Leptecophylla,
Osteomeles, Sadleria, Vaccinium in
mesic grassland and shrubland
ecosystem.
(F) Understory contains one or more
of the following native plant genera:
Ctenitis, Doodia, Dryopteris, Pelea,
Sadleria in mesic forest ecosystem; and
Bidens, Carex, Deschampsia,
Dicranopteris, Dryopteris, Eragrostis,
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Euphorbia, Lipochaeta in mesic
grassland and shrubland ecosystem.
*
*
*
*
*
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Family Gesneriaceae: Cyrtandra wagneri
(HAIWALE)
Hawaii 3–Cyrtandra wagneri-a,
Hawaii 23–Cyrtandra wagneri-b, Hawaii
24–Cyrtandra wagneri-c-Section 8,
Hawaii 24–Cyrtandra wagneri-d-Section
9, Hawaii 28–Cyrtandra wagneri-e,
Hawaii 29–Cyrtandra wagneri-f, Hawaii
30–Cyrtandra wagneri-g, Hawaii 42–
Cyrtandra wagneri-h, Hawaii 43–
Cyrtandra wagneri-i, Hawaii 44–
Cyrtandra wagneri-j, Hawaii 45–
Cyrtandra wagneri-k, Hawaii 46–
Cyrtandra wagneri-l, Hawaii 51–
Cyrtandra wagneri-m, and Hawaii 52–
Cyrtandra wagneri-n, identified in the
legal descriptions in paragraph (k) of
this section, constitute critical habitat
for Cyrtandra wagneri on Hawaii Island.
In units Hawaii 3–Cyrtandra wagneri-a,
Hawaii 23–Cyrtandra wagneri-b, Hawaii
24–Cyrtandra wagneri-c-Section 8,
Hawaii 24–Cyrtandra wagneri-d-Section
9, Hawaii 28–Cyrtandra wagneri-e,
Hawaii 29–Cyrtandra wagneri-f, Hawaii
30–Cyrtandra wagneri-g, Hawaii 42–
Cyrtandra wagneri-h, Hawaii 43–
Cyrtandra wagneri-i, Hawaii 44–
Cyrtandra wagneri-j, Hawaii 45–
Cyrtandra wagneri-k, Hawaii 46–
Cyrtandra wagneri-l, Hawaii 51–
Cyrtandra wagneri-m, and Hawaii 52–
Cyrtandra wagneri-n, the physical and
biological features of critical habitat in
wet forest ecosystem are:
(i) Elevation: Less than 7,300 ft (2,225
m).
(ii) Annual precipitation: Greater than
98 in (250 cm).
(iii) Substrate: Very weathered soils to
rocky substrate, basaltic lava,
undeveloped soils, developed soils.
(iv) Canopy contains one or more of
the following native plant genera:
Acacia, Antidesma, Cheirodendron,
Ilex, Melicope, Metrosideros, Myrsine,
Pittosporum, Psychotria.
(v) Subcanopy contains one or more
of the following native plant genera:
Cibotium, Clermontia, Coprosma,
Cyanea, Freycinetia, Hydrangea,
Vaccinium.
(vi) Understory contains one or more
of the following native plant genera:
Adenophorus, Cibotium, Cyrtandra,
Dicranopteris, Huperzia, Peperomia,
Stenogyne.
*
*
*
*
*
Family Lamiaceae: Phyllostegia
floribunda (no common name)
Hawaii 3–Phyllostegia floribunda-a,
Hawaii 8–Phyllostegia floribunda-b,
Hawaii 9–Phyllostegia floribunda-c,
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floribunda-e-Section 5, Hawaii 16–
Phyllostegia floribunda-f, Hawaii 23–
Phyllostegia floribunda-g, Hawaii 28–
Phyllostegia floribunda-h, Hawaii 29–
Phyllostegia floribunda-i, Hawaii 30–
Phyllostegia floribunda-j, Hawaii 37–
Phyllostegia floribunda-k, Hawaii 38–
Phyllostegia floribunda-l, Hawaii 39–
Phyllostegia floribunda-m, Hawaii 40–
Phyllostegia floribunda-n, Hawaii 41–
Phyllostegia floribunda-o, Hawaii 42–
Phyllostegia floribunda-p, Hawaii 45–
Phyllostegia floribunda-q, Hawaii 46–
Phyllostegia floribunda-r, Hawaii 51–
Phyllostegia floribunda-s, Hawaii 52–
Phyllostegia floribunda-t, and Hawaii
54–Phyllostegia floribunda-u, identified
in the legal descriptions in paragraph (k)
of this section, constitute critical habitat
for Phyllostegia floribunda on Hawaii
Island.
(i) In units Hawaii 3–Phyllostegia
floribunda-a, Hawaii 15–Phyllostegia
floribunda-d-Section 4, Hawaii 15–
Phyllostegia floribunda-e-Section 5,
Hawaii 16–Phyllostegia floribunda-f,
Hawaii 29–Phyllostegia floribunda-i,
Hawaii 30–Phyllostegia floribunda-j,
Hawaii 37–Phyllostegia floribunda-k,
Hawaii 38–Phyllostegia floribunda-l,
Hawaii 39–Phyllostegia floribunda-m,
Hawaii 40–Phyllostegia floribunda-n,
Hawaii 41–Phyllostegia floribunda-o,
Hawaii 51–Phyllostegia floribunda-s,
and Hawaii 52–Phyllostegia floribundat, the physical and biological features of
critical habitat in wet forest ecosystem
are:
(A) Elevation: Less than 7,300 ft
(2,225 m).
(B) Annual precipitation: Greater than
98 in (250 cm).
(C) Substrate: Very weathered soils to
rocky substrate, basaltic lava,
undeveloped soils, developed soils.
(D) Canopy contains one or more of
the following native plant genera:
Acacia, Antidesma, Cheirodendron,
Ilex, Melicope, Metrosideros, Myrsine,
Pittosporum, Psychotria.
(E) Subcanopy contains one or more
of the following native plant genera:
Cibotium, Clermontia, Coprosma,
Cyanea, Freycinetia, Hydrangea,
Vaccinium.
(F) Understory contains one or more
of the following native plant genera:
Adenophorus, Cibotium, Cyrtandra,
Dicranopteris, Huperzia, Peperomia,
Stenogyne.
(ii) In units Hawaii 8–Phyllostegia
floribunda-b, Hawaii 9–Phyllostegia
floribunda-c, Hawaii 23–Phyllostegia
floribunda-g, Hawaii 28–Phyllostegia
floribunda-h, Hawaii 45–Phyllostegia
floribunda-q, Hawaii 46–Phyllostegia
floribunda-r, and Hawaii 54–
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Phyllostegia floribunda-u, the physical
and biological features of critical habitat
in wet forest ecosystem are those
provided above in paragraphs (i)(A)
through (F) of this entry, and in wet
grassland and shrubland ecosystem are:
(A) Elevation: 660 to 2,950 ft (200 to
900 m).
(B) Annual precipitation: 98 to 197 in
(250 to 500 cm).
(C) Substrate: Older, weathered soils
to younger, rocky substrates.
(D) Canopy contains one or more of
the following native plant genera: Ilex,
Kadua, Melicope, Metrosideros,
Myrsine.
(E) Subcanopy contains one or more
of the following native plant genera:
Cibotium, Clermontia, Dubautia,
Freycinetia, Hydrangea, Lobelia,
Pipturus, Touchardia, Urera,
Vaccinium.
(F) Understory contains one or more
of the following native plant genera:
Carex, Cladium, Deschampsia,
Dicranopteris, Eragrostis, Peperomia,
Phyllostegia, Scaevola.
(iii) In unit Hawaii 42–Phyllostegia
floribunda-p, the physical and
biological features of critical habitat in
wet forest ecosystem are those provided
above in paragraphs (i)(A) through (F) of
this entry, and in mesic forest ecosystem
are:
(A) Elevation of less than 6,600 ft
(2,000 m).
(B) Annual precipitation of 39 to 150
in (100 to 380 cm).
(C) Substrate of rocky, shallow,
organic muck soils; rocky talus soils;
shallow soils over weathered rock; deep
soils over soft weathered rock; or
gravelly alluvium.
(D) Canopy contains one or more of
the following native plant genera:
Acacia, Antidesma, Charpentiera,
Chrysodracon, Metrosideros, Myrsine,
Nestegis, Pisonia, Santalum.
(E) Subcanopy contains one or more
of the following native plant genera:
Coprosma, Freycinetia, Leptecophylla,
Myoporum, Pipturus, Rubus, Sadleria,
Sophora.
(F) Understory contains one or more
of the following native plant genera:
Ctenitis, Doodia, Dryopteris, Pelea,
Sadleria.
*
*
*
*
*
Family Lamiaceae: Stenogyne
cranwelliae (no common name)
Hawaii 3–Stenogyne cranwelliae-a,
Hawaii 8–Stenogyne cranwelliae-b,
Hawaii 9–Stenogyne cranwelliae-c,
Hawaii 15–Stenogyne cranwelliae-dSection 4, Hawaii 15–Stenogyne
cranwelliae-e-Section 5, Hawaii 16–
Stenogyne cranwelliae-f, Hawaii 24–
Stenogyne cranwelliae-g-Section 8,
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Hawaii 24–Stenogyne cranwelliae-hSection 9, Hawaii 29–Stenogyne
cranwelliae-i, Hawaii 30–Stenogyne
cranwelliae-j, Hawaii 37–Stenogyne
cranwelliae-k, Hawaii 38–Stenogyne
cranwelliae-l, Hawaii 39–Stenogyne
cranwelliae-m, Hawaii 40–Stenogyne
cranwelliae-n, Hawaii 41–Stenogyne
cranwelliae-o, Hawaii 42–Stenogyne
cranwelliae-p, Hawaii 43–Stenogyne
cranwelliae-q, Hawaii 44–Stenogyne
cranwelliae-r, Hawaii 51–Stenogyne
cranwelliae-s, Hawaii 52–Stenogyne
cranwelliae-t, and Hawaii 54–Stenogyne
cranwelliae-u, identified in the legal
descriptions in paragraph (k) of this
section, constitute critical habitat for
Stenogyne cranwelliae on Hawaii
Island. In units Hawaii 3–Stenogyne
cranwelliae-a, Hawaii 8–Stenogyne
cranwelliae-b, Hawaii 9–Stenogyne
cranwelliae-c, Hawaii 15–Stenogyne
cranwelliae-d-Section 4, Hawaii 15–
Stenogyne cranwelliae-e-Section 5,
Hawaii 16–Stenogyne cranwelliae-f,
Hawaii 24–Stenogyne cranwelliae-gSection 8, Hawaii 24–Stenogyne
cranwelliae-h-Section 9, Hawaii 29–
Stenogyne cranwelliae-i, Hawaii 30–
Stenogyne cranwelliae-j, Hawaii 37–
Stenogyne cranwelliae-k, Hawaii 38–
Stenogyne cranwelliae-l, Hawaii 39–
Stenogyne cranwelliae-m, Hawaii 40–
Stenogyne cranwelliae-n, Hawaii 41–
Stenogyne cranwelliae-o, Hawaii 42–
Stenogyne cranwelliae-p, Hawaii 43–
Stenogyne cranwelliae-q, Hawaii 44–
Stenogyne cranwelliae-r, Hawaii 51–
Stenogyne cranwelliae-s, Hawaii 52–
Stenogyne cranwelliae-t, and Hawaii
54–Stenogyne cranwelliae-u, the
physical and biological features of
critical habitat in wet forest ecosystem
are:
(i) Elevation: Less than 7,300 ft (2,225
m).
(ii) Annual precipitation: Greater than
98 in (250 cm).
(iii) Substrate: Very weathered soils to
rocky substrate, basaltic lava,
undeveloped soils, developed soils.
(iv) Canopy contains one or more of
the following native plant genera:
Acacia, Antidesma, Cheirodendron,
Ilex, Melicope, Metrosideros, Myrsine,
Pittosporum, Psychotria.
(v) Subcanopy contains one or more
of the following native plant genera:
Cibotium, Clermontia, Coprosma,
Cyanea, Freycinetia, Hydrangea,
Vaccinium.
(vi) Understory contains one or more
of the following native plant genera:
Adenophorus, Cibotium, Cyrtandra,
Dicranopteris, Huperzia, Peperomia,
Stenogyne.
*
*
*
*
*
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Family Pittosporaceae: Pittosporum
hawaiiense (HOAWA, HAAWA)
Hawaii 3–Pittosporum hawaiiense-a,
Hawaii 8–Pittosporum hawaiiense-b,
Hawaii 9–Pittosporum hawaiiense-c,
Hawaii 15–Pittosporum hawaiiense-dSection 4, Hawaii 15–Pittosporum
hawaiiense-e-Section 5, Hawaii 16–
Pittosporum hawaiiense-f, Hawaii 23–
Pittosporum hawaiiense-g, Hawaii 24–
Pittosporum hawaiiense-h-Section 8,
Hawaii 24–Pittosporum hawaiiense-iSection 9, Hawaii 29–Pittosporum
hawaiiense-j, Hawaii 30–Pittosporum
hawaiiense-k, Hawaii 37–Pittosporum
hawaiiense-l, Hawaii 38–Pittosporum
hawaiiense-m, Hawaii 39–Pittosporum
hawaiiense-n, Hawaii 40–Pittosporum
hawaiiense-o, Hawaii 41–Pittosporum
hawaiiense-p, Hawaii 42–Pittosporum
hawaiiense-q, Hawaii 43–Pittosporum
hawaiiense-r, Hawaii 44–Pittosporum
hawaiiense-s, Hawaii 45–Pittosporum
hawaiiense-t, Hawaii 51–Pittosporum
hawaiiense-u, Hawaii 52–Pittosporum
hawaiiense-v, and Hawaii 54–
Pittosporum hawaiiense-w, identified in
the legal descriptions in paragraph (k) of
this section, constitute critical habitat
for Pittosporum hawaiiense on Hawaii
Island.
(i) In units Hawaii 3–Pittosporum
hawaiiense-a, Hawaii 8–Pittosporum
hawaiiense-b, Hawaii 9–Pittosporum
hawaiiense-c, Hawaii 15–Pittosporum
hawaiiense-d-Section 4, Hawaii 15–
Pittosporum hawaiiense-e-Section 5,
Hawaii 16–Pittosporum hawaiiense-f,
Hawaii 23–Pittosporum hawaiiense-g,
Hawaii 29–Pittosporum hawaiiense-j,
Hawaii 30–Pittosporum hawaiiense-k,
Hawaii 37–Pittosporum hawaiiense-l,
Hawaii 38–Pittosporum hawaiiense-m,
Hawaii 39–Pittosporum hawaiiense-n,
Hawaii 40–Pittosporum hawaiiense-o,
Hawaii 41–Pittosporum hawaiiense-p,
Hawaii 45–Pittosporum hawaiiense-t,
Hawaii 51–Pittosporum hawaiiense-u,
Hawaii 52–Pittosporum hawaiiense-v,
and Hawaii 54–Pittosporum hawaiiensew, the physical and biological features
of critical habitat in wet forest
ecosystem are:
(A) Elevation: Less than 7,300 ft
(2,225 m).
(B) Annual precipitation: Greater than
98 in (250 cm).
(C) Substrate: Very weathered soils to
rocky substrate, basaltic lava,
undeveloped soils, developed soils.
(D) Canopy contains one or more of
the following native plant genera:
Acacia, Antidesma, Cheirodendron,
Ilex, Melicope, Metrosideros, Myrsine,
Pittosporum, Psychotria.
(E) Subcanopy contains one or more
of the following native plant genera:
Cibotium, Clermontia, Coprosma,
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Cyanea, Freycinetia, Hydrangea,
Vaccinium.
(F) Understory contains one or more
of the following native plant genera:
Adenophorus, Cibotium, Cyrtandra,
Dicranopteris, Huperzia, Peperomia,
Stenogyne.
(ii) In units Hawaii 24–Pittosporum
hawaiiense-h-Section 8, Hawaii 24–
Pittosporum hawaiiense-i-Section 9,
Hawaii 42–Pittosporum hawaiiense-q,
Hawaii 43–Pittosporum hawaiiense-r,
and Hawaii 44–Pittosporum hawaiienses, the physical and biological features of
critical habitat in wet forest ecosystem
are those provided above in paragraphs
(i)(A) through (F) of this entry, and in
mesic forest ecosystem are:
(A) Elevation: Less than 6,600 ft
(2,000 m).
(B) Annual precipitation: 39 to 150 in
(100 to 380 cm).
(C) Substrate: Rocky, shallow, organic
muck soils; rocky talus soils; shallow
soils over weathered rock; deep soils
over soft weathered rock; gravelly
alluvium.
(D) Canopy contains one or more of
the following native plant genera:
Acacia, Antidesma, Charpentiera,
Chrysodracon, Metrosideros, Myrsine,
Nestegis, Pisonia, Santalum.
(E) Subcanopy contains one or more
of the following native plant genera:
Coprosma, Freycinetia, Leptecophylla,
Myoporum, Pipturus, Rubus, Sadleria,
Sophora.
(F) Understory contains one or more
of the following native plant genera:
Ctenitis, Doodia, Dryopteris, Pelea,
Sadleria.
*
*
*
*
*
Family Rutaceae: Melicope remyi (no
common name)
Hawaii 3–Melicope remyi-a, Hawaii
8–Melicope remyi-b, Hawaii 9–Melicope
remyi-c, Hawaii 52–Melicope remyi-d,
and Hawaii 54–Melicope remyi-e,
identified in the legal descriptions in
paragraph (k) of this section, constitute
critical habitat for Melicope remyi on
Hawaii Island. In units Hawaii 3–
Melicope remyi-a, Hawaii 8–Melicope
remyi-b, Hawaii 9–Melicope remyi-c,
Hawaii 52–Melicope remyi-d, and
Hawaii 54–Melicope remyi-e, the
physical and biological features of
critical habitat in wet forest ecosystem
are:
(i) Elevation: Less than 7,300 ft (2,225
m).
(ii) Annual precipitation: Greater than
98 in (250 cm).
(iii) Substrate: Very weathered soils to
rocky substrate, basaltic lava,
undeveloped soils, developed soils.
(iv) Canopy contains one or more of
the following native plant genera:
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Acacia, Antidesma, Cheirodendron,
Ilex, Melicope, Metrosideros, Myrsine,
Pittosporum, Psychotria.
(v) Subcanopy contains one or more
of the following native plant genera:
Cibotium, Clermontia, Coprosma,
Cyanea, Freycinetia, Hydrangea,
Vaccinium.
(vi) Understory contains one or more
of the following native plant genera:
Adenophorus, Cibotium, Cyrtandra,
Dicranopteris, Huperzia, Peperomia,
Stenogyne.
*
*
*
*
*
Martha Williams,
Director, U.S. Fish and Wildlife Service.
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]]>Agencies
[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Proposed Rules]
[Pages 18756-18821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04088]
[[Page 18755]]
Vol. 88
Wednesday,
No. 60
March 29, 2023
Part III
Department of the Interior
-----------------------------------------------------------------------
Fish and Wildlife Service
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50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Designation of Critical
Habitat for 12 Species, and Not Prudent Determination for 2 Species, on
Hawai[revaps]i Island; Proposed Rule
Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 /
Proposed Rules
[[Page 18756]]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2023-0017; FF09E21000 FXES1111090FEDR 234]
RIN 1018-BG65
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for 12 Species, and Not Prudent Determination for 2
Species, on Hawai[revaps]i Island
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
designate critical habitat for 12 federally endangered species on the
island of Hawai[revaps]i under the Endangered Species Act of 1973
(Act), as amended. In total, approximately 122,277 acres (49,484
hectares) on the island of Hawai[revaps]i, in the State of Hawaii, fall
within the boundaries of the proposed critical habitat designation. We
announce a public informational meeting and public hearing on, and the
availability of a draft economic analysis for, this proposed
designation. In addition, we announce our determination that
designation of critical habitat is not prudent for two federally
endangered species on the island of Hawai[revaps]i under the Act.
DATES:
Comment submission: We will accept comments received or postmarked
on or before May 30, 2023. 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.
Public informational meeting and public hearing: On April 20, 2023,
we will hold a public informational meeting from 6 to 6:45 p.m.
Hawai[revaps]i time, followed by a public hearing from 6:45 to 8 p.m.
Hawai[revaps]i time. See Public Informational Meeting and Hearing,
under SUPPLEMENTARY INFORMATION, below, for more information.
ADDRESSES:
Written comments: 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-2023-0017,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the panel on the left side of
the screen, under the Document Type heading, check the Proposed Rule
box to locate this document. You may submit a comment by clicking on
``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-R1-ES-2023-0017, U.S. Fish and Wildlife Service,
MS: PRB/3W, 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 Information Requested, below, for more information).
Availability of supporting materials: The draft recovery plan, 5-
year status reviews, and other materials relating to this proposed
critical habitat designation, including coordinates or plot points or
both from which the maps are generated, are included in the decision
file and are available at https://www.regulations.gov under Docket No.
FWS-R1-ES-2023-0017.
Public informational meeting and public hearing: We are holding the
public informational meeting and public hearing via the Zoom online
video platform and via teleconference so that participants can attend
remotely. See Public Informational Meeting and Hearing, under
SUPPLEMENTARY INFORMATION, below, for more information.
FOR FURTHER INFORMATION CONTACT: Earl Campbell, Project Leader, U.S.
Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office,
300 Ala Moana Boulevard Room 3-122, Honolulu, HI 96850; telephone 808-
792-9400. Individuals in the United States who are deaf, deafblind,
hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under the Act, to the maximum extent
prudent and determinable, we must designate critical habitat for any
species that we determine to be an endangered or threatened species.
Making a critical habitat determination can be completed only by
issuing a rule through the Administrative Procedure Act rulemaking
process (5 U.S.C. 551 et seq.).
What this document does. This rule proposes to designate
approximately 122,277 acres (ac) (49,484 hectares (ha)) as critical
habitat for 12 federally endangered species (11 plants, 1 insect) on
the island of Hawai[revaps]i. We are also making a determination that
designation of critical habitat is not prudent for 2 federally
endangered species (1 plant, 1 crustacean) on the island of
Hawai[revaps]i in the State of Hawaii. In this proposed rule, we are
exempting from critical habitat designation for one of the plant
species 22,730 ac (9,198 ha) of habitat on Department of Defense (DoD)
lands that are subject to the P[omacr]hakuloa Training Area (PTA)
Integrated Natural Resources Management Plan (INRMP), which provides a
conservation benefit to this species. In addition, in this document, we
describe exclusions totaling 4,224 ac (1,710 ha) that we are
considering making at the final rule stage, based on permitted and non-
permitted plans and agreements.
The basis for our action. Under section 4(a)(3) of the Act, if we
determine that a species is an endangered or threatened species, the
Secretary of the Interior (Secretary) must designate critical habitat
to the maximum extent prudent and determinable. 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 essential to the
conservation of the species and which may require special management
considerations or protections; 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 4(b)(2) of the Act states that
the Secretary must make the designation on the basis of the best
scientific data available and after taking into consideration the
economic impact, the impact on national security, and any other
relevant impacts of specifying any particular area as critical habitat.
Information Requested
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 other governmental agencies; the Native
Hawaiian community; Native American Tribes; the scientific community;
industry; or
[[Page 18757]]
any other interested parties concerning this proposed rule.
Comments on the Determination That Designation of Critical Habitat Is
Not Prudent for Two Species Addressed in This Proposed Rule
We particularly seek comments concerning:
(1) Information regarding our determination that designating
critical habitat for the Pritchardia lanigera and Vetericaris chaceorum
is not prudent.
Comments on the Proposed Critical Habitat Designation
For the 12 species for which we are proposing to designate critical
habitat, we particularly seek comments concerning:
(1) Specific information on:
(a) The amount and distribution of the species' habitat;
(b) Any additional areas occurring within the range of the species
that should be included in the designation because they (i) are
occupied at the time of listing and contain the physical or biological
features that are essential to the conservation of the species and that
may require special management considerations, or (ii) are unoccupied
at the time of listing and are essential for the conservation of the
species;
(c) Special management considerations or protection that may be
needed in the critical habitat areas we are proposing, including
managing for the potential effects of climate change; and
(d) To evaluate the potential to include areas not occupied at the
time of listing, we particularly seek comments regarding whether
occupied areas are adequate for the conservation of the species.
Additionally, please provide specific information regarding whether or
not unoccupied areas would, with reasonable certainty, contribute to
the conservation of the species and contain at least one physical or
biological feature essential to the conservation of the species. We
also seek comments or information regarding whether areas not occupied
at the time of listing qualify as habitat for the species.
(2) Land use designations and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat.
(3) Any probable economic, national security, or other relevant
impacts of designating any area that may be included in the final
designation, and the related benefits of including or excluding
specific areas.
(4) Information on the extent to which the description of probable
economic impacts in the draft economic analysis (DEA) is a reasonable
estimate of the likely economic impacts and any additional information
regarding probable economic impacts that we should consider.
(5) Whether any specific areas we are proposing for critical
habitat designation should be considered for exclusion under section
4(b)(2) of the Act, and whether the benefits of potentially excluding
any specific area outweigh the benefits of including that area under
section 4(b)(2) of the Act. If you think we should exclude any
additional areas, please provide information supporting a benefit of
exclusion. We particularly seek comments on the exclusion from critical
habitat designation of those areas addressed by a conservation program
or plan. These may include Federal, Tribal, State, county, local, or
private lands with permitted conservation plans covering the species in
the area, such as habitat conservation plans, safe harbor agreements,
or conservation easements, or nonpermitted conservation agreements and
partnerships that would be encouraged by designation of or exclusion
from critical habitat. Detailed information regarding these plans,
agreements, easements, and partnerships is also requested, including:
(a) The location and size of lands covered by the plan, agreement,
easement, or partnership;
(b) The duration of the plan, agreement, easement, or partnership;
(c) Who holds or manages the land;
(d) What management activities are conducted;
(e) What land uses are allowable; and
(f) If management activities are beneficial to the species and its
habitat.
(6) Whether we could improve or modify our approach to designating
critical habitat in any way to provide for greater public participation
and understanding, or to better accommodate public concerns and
comments.
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, do not provide substantial
information necessary to support a determination. Section 4(b)(2) of
the Act directs that the Secretary shall designate critical habitat on
the basis of the best scientific data available.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES. If you submit
information via https://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the
website. 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.
Because we will consider all comments and information we receive
during the comment period, our final determinations may differ from
this proposal. Based on the new information we receive (and any
comments on that new information), our final designations may not
include all areas proposed, may include some additional areas that meet
the definition of critical habitat, or may exclude some areas if we
find the benefits of exclusion outweigh the benefits of inclusion and
exclusion will not result in the extinction of the species.
Public Informational Meeting and Public Hearing
We will hold a public informational meeting and public hearing on
the date and at the times listed in DATES. We are holding the public
informational meeting and public hearing via the Zoom online video
platform and via teleconference so that participants can attend
remotely. To listen and view the meeting and hearing via Zoom, listen
to the meeting and hearing by telephone, or provide oral public
comments at the public hearing via Zoom or by telephone, you must
register. For information on how to register, or if you encounter
problems joining Zoom the day of the meeting, visit https://empsi.zoom.us/webinar/register/WN_qdw8pld2T06EnIInZ68e-g. Registrants
will receive the Zoom link and the telephone number for the public
informational meeting and public hearing. If applicable, interested
members of the public not familiar with the Zoom platform should view
the Zoom video tutorials (https://support.zoom.us/hc/en-us/articles/206618765-Zoom-video-tutorials) prior
[[Page 18758]]
to the public informational meeting and public hearing.
At the public informational meeting, the Service will provide an
overview of the proposed rule and describe the procedures for
submitting comments. The public informational meeting will provide an
opportunity for dialogue with the Service, but it will not be an
opportunity to provide verbal comments on the proposed rule; that
opportunity is only available at the public hearing. At the public
hearing, the Service will provide interested persons an opportunity to
present verbal testimony (formal, oral comments) on this proposed rule.
The purpose of the public hearing is to provide a forum for accepting
formal verbal testimony that will be recorded and transcribed and
become part of the record for this proposed rule. In the event there is
a large attendance at the public hearing, the Service may limit the
time allotted for verbal testimony. Therefore, anyone wishing to
provide verbal testimony at the public hearing is also encouraged to
provide a prepared written copy of their statement to us through the
Federal eRulemaking Portal or by U.S. mail (see ADDRESSES, above).
There are no limits on the length of written comments submitted to us.
Again, anyone wishing to provide verbal testimony at the public hearing
must register before the hearing (https://empsi.zoom.us/webinar/register/WN_qdw8pld2T06EnIInZ68e-g). The use of virtual public hearings
is consistent with our regulations at 50 CFR 424.16(c)(3).
Reasonable Accommodation
The Service is committed to providing access to the public
informational meeting and public hearing for all participants. Closed
captioning will be available during the public informational meeting
and public hearing. Further, a full audio and video recording and
transcript of the public hearing will be posted online at https://www.fws.gov/office/pacific-islands-fish-and-wildlife/what-we-do/projects-research after the hearing. Participants will also have access
to live audio during the public informational meeting and public
hearing via their telephone or computer speakers. Persons with
disabilities requiring reasonable accommodations to participate in the
meeting and/or hearing should contact the person listed under FOR
FURTHER INFORMATION CONTACT at least 5 business days prior to the date
of the meeting and hearing to help ensure availability. An accessible
version of the Service's public informational meeting presentation will
also be posted online at https://www.fws.gov/office/pacific-islands-fish-and-wildlife/what-we-do/projects-research prior to the meeting and
hearing (see DATES, above). See https://www.fws.gov/office/pacific-islands-fish-and-wildlife/what-we-do/projects-research for more
information about reasonable accommodation.
Peer Review
In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270), and our August 22,
2016, memorandum updating and clarifying the role of peer review of
listing actions under the Act, we will seek the expert opinions of at
least three appropriate and independent specialists regarding this
proposed rule. The purpose of such review is to ensure that our
proposed critical habitat designation is based on scientifically sound
data, assumptions, and analyses. We will invite these peer reviewers to
comment, during the public comment period, on the specific assumptions
and conclusions regarding the proposed designations of critical
habitat. We will consider all comments and information we receive
during the comment period on this proposed rule during our preparation
of a final rule. Accordingly, our final decisions may differ from this
proposal.
Previous Federal Actions
On October 17, 2012, we published in the Federal Register (77 FR
63928) a proposed rule to list 15 species, including the 14 species
that are the subjects of this proposed rule, on the island of
Hawai[revaps]i as endangered species under the Act. On October 29,
2013, we published in the Federal Register (78 FR 64638) a final rule
to list those 15 species as endangered species. See the October 17,
2012, proposed rule for information on previous Federal actions
concerning the 14 species that are the subjects of this proposed rule.
In the October 27, 2012, proposed rule (77 FR 63928), we found that
critical habitat was prudent but not determinable for the 14 species
that are the subject of this proposed rule.
On October 28, 2019, the Center for Biological Diversity (CBD)
filed a complaint in the U.S. District Court, District of Hawaii (Case
No. 1:19-cv-00588), challenging the failure of the Service to designate
critical habitat for the 14 species (consisting of 12 plants (Bidens
hillebrandiana ssp. hillebrandiana, Cyanea marksii, Cyanea tritomantha,
Cyrtandra nanawaleensis, Cyrtandra wagneri, Melicope remyi,
Phyllostegia floribunda, Pittosporum hawaiiense, Pritchardia lanigera,
Schiedea diffusa ssp. macraei, Schiedea hawaiiensis, and Stenogyne
cranwelliae) and 2 animals (Drosophila digressa and Vetericaris
chaceorum)) within 1 additional year from the date of the proposed
listing. We entered into a settlement agreement approved by the court
on March 6, 2020, requiring that by February 28, 2023, we submit to the
Federal Register, for publication, a determination concerning the
designation of critical habitat for the 14 species and a proposed rule
for any species for which the designation of critical habitat is
prudent and determinable; the submission for publication of this
proposed rule complies with the settlement agreement.
Background
For species with Hawaiian common names, we prefer to, and will,
include Hawaiian language spellings, including diacritical marks, to
the degree possible and appropriate in the preambles of our Federal
Register documents. For the text to be codified in the Code of Federal
Regulations (CFR), however, we will omit diacritical marks to ensure
that no errors are inadvertently incorporated during the codification
process.
We provide a brief description for each of the 14 species addressed
in this proposed rule, below.
Bidens hillebrandiana ssp. hillebrandiana
(ko[revaps]oko[revaps]olau), a short-lived perennial herb in the
sunflower family (Asteraceae), occurs only on the island of
Hawai[revaps]i (Ganders and Nagata 1999, pp. 275-276). Historically, B.
hillebrandiana ssp. hillebrandiana was known from two locations along
the windward Kohala coastline, in the coastal and dry cliff ecosystems,
often along rocks just above the ocean (Degener and Wiebke 1926, in
litt.; Flynn 1988, in litt.).
Cyanea marksii (haha), a short-lived perennial palmlike shrub in
the bellflower family (Campanulaceae), is found only on the island of
Hawai[revaps]i. Historically, C. marksii was known from the Kona
district, in the lowland wet and montane wet ecosystems (Lammers 1999,
p. 457; Hawai[revaps]i Biodiversity Mapping Program (HBMP) database
2010b).
Cyanea tritomantha ([revaps]aku), a short-lived perennial palmlike
shrub in the bellflower family (Campanulaceae), is known only from the
island of Hawai[revaps]i (Pratt and Abbott 1997, p. 13; Lammers 2004,
p. 89). Historically, this species was known from the windward slopes
of Mauna Kea, Mauna Loa, Kilauea, and the Kohala Mountains, in the
lowland wet, montane wet, and wet cliff ecosystems (Pratt and Abbott
1997, p. 13).
[[Page 18759]]
Cyrtandra nanawaleensis (ha[revaps]iwale), a short-lived perennial
shrub or small tree in the African violet family (Gesneriaceae), is
known only from the island of Hawai[revaps]i (Wagner and Herbst 2003,
p. 29; Wagner et al. 2005a). Historically, C. nanawaleensis was known
only from the lowland wet ecosystems in the Puna district (St. John
1987, p. 500; Wagner et al. 1988, in litt.; HBMP 2010d).
Cyrtandra wagneri (ha[revaps]iwale), a short-lived perennial shrub
or small tree in the African violet family (Gesneriaceae), occurs only
on the island of Hawai[revaps]i (Lorence and Perlman 2007, p. 357).
Historically, C. wagneri was known in the lowland wet ecosystem along
the northeast side of the island (Lorence and Perlman 2007, p. 359).
Melicope remyi (no common name), a long-lived perennial shrub or
shrubby tree in the rue family (Rutaceae), occurs only on the island of
Hawai[revaps]i (Stone et al. 1999, p. 1210; Service 2010, pp. A-11, 4-
74). Historically, M. remyi was known from a few scattered individuals
on the windward slopes of the Kohala Mountains and several small
populations on the windward slopes of Mauna Kea, in the lowland wet and
montane wet ecosystems (Stone et al. 1999, p. 1210; HBMP 2010f). We
will refer to Melicope remyi by this name in this proposed rule; this
plant is currently listed as Platydesma remyi, but we recently
published a direct final rule (88 FR 7134; February 2, 2023) to correct
the scientific name to Melicope remyi on the List of Endangered and
Threatened Plants.
Phyllostegia floribunda (no common name), a short-lived perennial
subshrub in the mint family (Lamiaceae), is found only on the island of
Hawai[revaps]i (Wagner 1999, p. 268; Wagner et al. 1999a, p. 815).
Historically, P. floribunda was reported in the lowland wet, montane
mesic, and montane wet ecosystems at scattered sites along the eastern
side of the island.
Pittosporum hawaiiense (ho[revaps]awa, ha[revaps]awa), a small,
long-lived perennial tree in the pittosporum family (Pittosporaceae),
is known only from the island of Hawai[revaps]i (Wagner et al. 1999b,
p. 1,044). Historically, P. hawaiiense was known from the leeward side
of the island, from the Kohala Mountains south to Ka[revaps]u, in the
lowland mesic, montane mesic, and montane wet ecosystems (Wagner et al.
1999b, p. 1,044).
Pritchardia lanigera (loulu), a medium-sized, long-lived perennial
tree in the palm family (Arecaceae), is found only on the island of
Hawai[revaps]i (Read and Hodel 1999, p. 1,371; Hodel 2007, pp. 10, 24-
25). Historically, P. lanigera was known from the Kohala Mountains,
Hamakua district, windward slopes of Mauna Kea, and southern slopes of
Mauna Loa, in the lowland mesic, lowland wet, montane wet, and wet
cliff ecosystems (Read and Hodel 1999, p. 1,371; National Park Service
2015, pp. 467-468)
Schiedea diffusa ssp. macraei (no common name), a short-lived
perennial climbing herb in the pink family (Caryophyllaceae), is
reported only from the island of Hawai[revaps]i (Wagner et al. 2005b;
Wagner et al. 2005c, p. 106). Historically, S. diffusa ssp. macraei was
known from the Kohala Mountains, the windward slopes of Mauna Loa, and
the Olaa Tract of Hawai[revaps]i Volcanoes National Park, in the
montane wet ecosystem (Perlman et al. 2001, in litt.; Wagner et al.
2005c, p. 106; HBMP 2010g).
Schiedea hawaiiensis (ma[revaps]oli[revaps]oli), a short-lived
perennial herb in the pink family (Caryophyllaceae), is known only from
the island of Hawai[revaps]i (Wagner et al. 2005c, pp. 92-96).
Historically, S. hawaiiensis was known from a single site between Mauna
Loa and Mauna Kea mountains in the montane dry ecosystem (Hillebrand
1888, p. 33; Wagner et al. 2005c, pp. 92-96).
Stenogyne cranwelliae (no common name), a short-lived perennial
vine in the mint family (Lamiaceae), is known only from the island of
Hawai[revaps]i. Historically, S. cranwelliae was known from the Kohala
Mountains, in the montane wet and wet cliff ecosystems (Weller and
Sakai 1999, p. 837).
Drosophila digressa (Hawaiian picture-wing fly), a member of the
family Drosophilidae, is found only on the island of Hawai[revaps]i and
historically known from five locations on the island in elevations
ranging from approximately 2,000 to 4,500 ft (610 to 1,370 m), in the
lowland mesic, montane mesic, and montane wet ecosystems (Hardy and
Kaneshiro 1968, p. 182; Montgomery 1975, p. 95; Magnacca 2012, pers.
comm.). This species is small, with adults ranging in size from 0.15 to
0.19 in (4.0 to 5.0 mm) in length. Adults are brownish yellow in color
and have yellow-colored legs and hyaline (shiny-clear) wings with
prominent brown spots. Like many endemic Hawaiian Drosophilidae
species, D. digressa are highly host-plant-specific (Magnacca et al.
2008, p. 1), relying on the decaying stems of Charpentiera spp., Ceodes
brunoniana (previously known as Pisonia brunoniana), and Rockia
sandwicensis (previously known as Pisonia sandwicensis) for
reproduction and larval substrate (Magnacca et al. 2008, pp. 11, 13;
Magnacca 2012, pers. comm.).
Vetericaris chaceorum (anchialine pool shrimp), a small shrimp in
the family Procarididae, is endemic to anchialine pools. These pools
are coastal land-locked bodies of water that have underground
hydrological connections to the ocean, contain varying levels of
salinity, and show tidal fluctuations in water level. Vetericaris
chaceorum is one of seven described species of hypogeal (underground)
shrimp found in the Hawaiian Islands that occur in anchialine pools
(Brock 2004, p. 6) and is relatively large in size for a hypogeal
shrimp species; adult V. chaceorum measure approximately 2.0 in (5.0
cm) in total body length, excluding the primary antennae, which are
approximately the same length as the adult's body length (Kensley and
Williams 1986, p. 419). The species lacks large chelapeds (claws)
(Kensley and Williams 1986, p. 426), which are a key diagnostic
characteristic of all other known shrimp species. Vetericaris chaceorum
is largely devoid of pigment and lacks eyes, although eyestalks are
present (Kensley and Williams 1986, p. 419).
Additional information about the descriptions of each species'
occurrence can be found in the proposed (77 FR 63928, October 17, 2012)
and final (78 FR 64638, October 29, 2013) listing rules for these
species.
Critical habitat is defined in section 3 of the Act as:
(1) The specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the Act, on which
are found those physical or biological features:
(a) Essential to the conservation of the species, and
(b) Which may require special management considerations or
protection; and
(2) Specific areas outside the geographical area occupied by the
species at the time it is listed, upon a determination that such areas
are essential for the conservation of the species.
Our regulations at 50 CFR 424.02 define the geographical area
occupied by the species as an area that may generally be delineated
around species' occurrences, as determined by the Secretary (i.e.,
range). Such areas may include those areas used throughout all or part
of the species' life cycle, even if not used on a regular basis (e.g.,
migratory corridors, seasonal habitats, and habitats used periodically,
but not solely by vagrant individuals).
[[Page 18760]]
Conservation, as defined under section 3 of the Act, means to use
and the use of all methods and procedures that are necessary to bring
an endangered or threatened species to the point at which the measures
provided pursuant to the Act are no longer necessary. Such methods and
procedures include, but are not limited to, all activities associated
with scientific resources management such as research, census, law
enforcement, habitat acquisition and maintenance, propagation, live
trapping, and transplantation, and, in the extraordinary case where
population pressures within a given ecosystem cannot be otherwise
relieved, may include regulated taking.
Critical habitat receives protection under section 7 of the Act
through the requirement that Federal agencies ensure, in consultation
with the Service, that any action they authorize, fund, or carry out is
not likely to result in the destruction or adverse modification of
critical habitat. The designation of critical habitat does not affect
land ownership or establish a refuge, wilderness, reserve, preserve, or
other conservation area. Such designation also does not allow the
government or public to access private lands. Such designation does not
require implementation of restoration, recovery, or enhancement
measures by non-Federal landowners. Where a landowner requests Federal
agency funding or authorization for an action that may affect a listed
species or critical habitat, the Federal agency would be required to
consult with the Service under section 7(a)(2) of the Act. However,
even if the Service were to conclude that the proposed activity would
likely result in destruction or adverse modification of the critical
habitat, the Federal action agency and the landowner are not required
to abandon the proposed activity, or to restore or recover the species;
instead, they must implement ``reasonable and prudent alternatives'' to
avoid destruction or adverse modification of critical habitat.
Under the first prong of the Act's definition of critical habitat,
areas within the geographical area occupied by the species at the time
it was listed are included in a critical habitat designation if they
contain physical or biological features (1) which are essential to the
conservation of the species and (2) which may require special
management considerations or protection. For these areas, critical
habitat designations identify, to the extent known using the best
scientific and commercial data available, those physical or biological
features that are essential to the conservation of the species (such as
space, food, cover, and protected habitat).
Under the second prong of the Act's definition of critical habitat,
we can designate critical habitat in areas outside the geographical
area occupied by the species at the time it is listed, upon a
determination that such areas are essential for the conservation of the
species.
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific data available. Further, our Policy on
Information Standards Under the Endangered Species Act (published in
the Federal Register on July 1, 1994 (59 FR 34271)), the Information
Quality Act (section 515 of the Treasury and General Government
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)),
and our associated Information Quality Guidelines provide criteria,
establish procedures, and provide guidance to ensure that our decisions
are based on the best scientific data available. They require our
biologists, to the extent consistent with the Act and with the use of
the best scientific data available, to use primary and original sources
of information as the basis for recommendations to designate critical
habitat.
When we are determining which areas should be designated as
critical habitat, our primary source of information is generally the
information from the species status reports and information developed
during the listing process for the species. Additional information
sources may include any generalized conservation strategy, criteria, or
outline that may have been developed for the species; the recovery plan
for the species; articles in peer-reviewed journals; conservation plans
developed by States and counties; scientific status surveys and
studies; biological assessments; other unpublished materials; or
experts' opinions or personal knowledge.
Habitat is dynamic, and species may move from one area to another
over time. We recognize that critical habitat designated at a
particular point in time may not include all of the habitat areas that
we may later determine are necessary for the recovery of the species.
For these reasons, a critical habitat designation does not signal that
habitat outside the designated area is unimportant or may not be needed
for recovery of the species. Areas that are important to the
conservation of the species, both inside and outside the critical
habitat designation, will continue to be subject to: (1) Conservation
actions implemented under section 7(a)(1) of the Act; (2) regulatory
protections afforded by the requirement in section 7(a)(2) of the Act
for Federal agencies to ensure their actions are not likely to
jeopardize the continued existence of any endangered or threatened
species; and (3) the prohibitions found in section 9 of the Act.
Federally funded or permitted projects affecting listed species outside
their designated critical habitat areas may still result in jeopardy
findings in some cases. These protections and conservation tools will
continue to contribute to recovery of the species. Similarly, critical
habitat designations made on the basis of the best available
information at the time of designation will not control the direction
and substance of future recovery plans, habitat conservation plans, or
other species conservation planning efforts if new information
available at the time of those planning efforts calls for a different
outcome.
Prudency Determination
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 shall 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 Secretary
may, but is not required to, determine that a designation would not be
prudent in the following circumstances:
(i) The species is threatened by taking or other human activity and
identification of critical habitat can be expected to increase the
degree of such threat to the species;
(ii) The present or threatened destruction, modification, or
curtailment of a species' habitat or range is not a threat to the
species, or threats to the species' habitat stem solely from causes
that cannot be addressed through management actions resulting from
consultations under section 7(a)(2) of the Act;
(iii) Areas within the jurisdiction of the United States provide no
more than negligible conservation value, if any, for a species
occurring primarily outside the jurisdiction of the United States;
(iv) No areas meet the definition of critical habitat; or
(v) The Secretary otherwise determines that designation of critical
habitat would not be prudent based on the best scientific data
available.
We are not aware of any threats to Drosophila digressa, Bidens
hillebrandiana ssp. hillebrandiana, Cyanea marksii, Cyanea tritomantha,
[[Page 18761]]
Cyrtandra nanawaleensis, Cyrtandra wagneri, Melicope remyi,
Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp.
macraei, Schiedea hawaiiensis, and Stenogyne cranwelliae that would be
attributed to overutilization for commercial, recreational, scientific,
or educational purposes. There is no documentation that these species
are threatened by taking or other human activity, and we conclude there
is currently no imminent threat of collection or vandalism identified
for these species. Further, identification and mapping of critical
habitat for these species is not expected to result in collection or
vandalism. In our species reports and 2013 listing determination (78 FR
64638; October 29, 2013), we determined that the present or threatened
destruction, modification, or curtailment of habitat or range is a
threat for these 12 species. These 12 species occur wholly in the
jurisdiction of the United States, and we are able to identify areas
that meet the definition of critical habitat. Therefore, because none
of the circumstances enumerated in our regulations at 50 CFR
424.12(a)(1) have been met and because the Secretary has not identified
other circumstances for which this designation of critical habitat
would be not prudent, we have determined that the designation of
critical habitat is prudent for these 12 species.
When we listed Pritchardia lanigera and Vetericaris chaceorum as
endangered (78 FR 64638; October 29, 2013, pp. 63978-63978) we had
reason to believe that designation of critical habitat was prudent for
these two species at that time; however, new information has become
available highlighting a new threat to these two species in the form of
collection and overutilization, as detailed below, that now make
identification and mapping of critical habitat likely to increase the
threat of collection. Designation of critical habitat requires the
publication of maps and a narrative description of specific critical
habitat areas in the Federal Register. The degree of detail in those
maps and boundary descriptions would be greater than the general
location descriptions provided in the 2013 final rule to list P.
lanigera and V. chaceorum (78 FR 64638; October 29, 2013). Designation
of critical habitat would more widely announce the exact locations of
these two species to collectors. The publication of maps and
descriptions outlining the locations of the species would likely
further facilitate unauthorized collection and trade, as collectors
would know the exact locations where these species occur.
Pritchardia species have become one of the most widely cultivated
ornamental palm genera in the world (78 FR 64638; October 29, 2013).
There are a number of websites that offer Pritchardia plants and seeds
for sale, including 22 species of Hawaiian Pritchardia. Twelve of these
species are federally protected, including P. lanigera (Shirey et al.
2013, p. 307; Weisenberger 2023, pers. comm.). Pritchardia species are
tall, they can be visible from afar, and they are attractive to
collectors of rare palms for their personal use or to trade or sell for
personal gain (Shirey et al. 2013, p. 301-302). Distinguishing
Pritchardia species from one another can be difficult, thus collection
activities targeting Prichardia species, in general, has potential to
also increase collection of P. lanigera (Weisenberger 2023, pers.
comm.). Based on the collections of Hawaiian Pritchardia plants and
seeds and the market for these collected specimens, P. lanigera are now
vulnerable to overharvesting, with collection of P. lanigera posing a
serious and ongoing threat to the species (Weisenberger 2023, pers.
comm.). Although at the time of listing known locations of P. lanigera
were extremely difficult to access (77 FR 63928, October 17, 2012, p.
63978), recent surveys have identified more accessible populations of
P. lanigera and conservation management actions have increased
accessibility in some instances (Weisenberger 2023, pers. comm.).
Because of the narrow range, life history traits, and small population
size of this species, any collection poses a threat to the species.
Coincidentally after listing V. chaceorum as endangered (78 FR
64638; October 29, 2013, pp. 63978-63978), popularity in the aquarium
trade of another Hawaiian anchialine shrimp species, Halocaridina
rubra, increased. This increase in collection activities of
Halocaridina rubra has resulted in a risk to V. chaceorum, due to these
two species sharing a similar appearance and habitat preferences. In
the past several years, Halocaridina rubra, commonly called the
Hawaiian red shrimp or volcano shrimp, has been increasingly prized by
aquarists and companies in the pet trade industry worldwide (Yamamoto
et al. 2015, p. 83). These anchialine shrimp are sought because of
their ability to live in hermetically sealed containers (Yamamoto et
al. 2015, p. 83) and as live feed for seahorses (Yamamoto et al. 2015,
p. 83). While the shrimp that are being harvested are primarily H.
rubra, which is not endangered, as the popularity of this business
increases, there is risk that the endangered Vetericaris chaceorum may
either intentionally or accidentally be harvested and become part of
the aquarium trade. Collectors may target V. chaceorum due to its
similar appearance, rarity and aesthetic, or collectors attempting to
harvest the H. rubra that occur in the same pools as V. chaceorum may
accidentally harvest both species (Sakihara 2012, entire). Because this
shrimp is so rare, a single person with a hand-net could do irreparable
damage to a population of V. chaceorum (Yamamoto 2015, pers. comm.).
Despite the prohibition on collecting within Natural Area Reserves and
the permitting process for collection elsewhere, the collection of V.
chaceorum is considered an ongoing threat because collection can occur
at any time owing to a lack of available resources for patrolling or
other monitoring or enforcement at the pools where V. chaceorum occur.
Designating critical habitat would increase human threats to
Pritchardia lanigera and Vetericaris chaceorum by increasing the
vulnerability of these species to unauthorized collection and trade
through public disclosure of their locations. The publication of maps
and a specific narrative description outlining the locations of this
species within critical habitat units in the Federal Register, as well
as any associated publication of such information in local newspapers
and on special interest websites, would facilitate unauthorized
collection and trade by detailing the exact locations where P. lanigera
and V. chaceorum occur. Publishing specific location information would
provide a high level of assurance that any person going to a specific
location would be able to successfully locate and collect specimens.
Designating critical habitat could negate the current efforts of State
and local conservation agencies to restrict access to location
information that could significantly affect future efforts to control
the threat of unauthorized collection and trade.
Summary of Prudency Determination for Pritchardia lanigera and
Vetericaris chaceorum
We have determined that designating critical habitat for
Pritchardia lanigera and Vetericaris chaceorum is not prudent.
Designation of critical habitat would increase the threats to these
species from unauthorized collection and trade. Due to the willingness
of individuals to collect these species without authorization, we have
[[Page 18762]]
determined that any action that publicly discloses the location of P.
lanigera and V. chaceorum (such as critical habitat) puts these species
in further peril. Many populations of these two species are small. One
of the basic measures to protect P. lanigera and V. chaceorum from
unauthorized collection and trade is restricting access to information
about the location of the species' populations. Publishing maps and
narrative descriptions of critical habitat for these two species would
significantly affect our ability to reduce the threat of unauthorized
collection and trade. We have, therefore, determined in accordance with
50 CFR 424.12(a)(1) that it is not prudent to designate critical
habitat for P. lanigera and V. chaceorum.
Physical or Biological Features Essential to the Conservation of the
Species
In accordance with section 3(5)(A)(i) of the Act and regulations at
50 CFR 424.12(b), in determining which areas we will designate as
critical habitat from within the geographical area occupied by the
species at the time of listing, we consider the physical or biological
features that are essential to the conservation of the species and
which may require special management considerations or protection. The
regulations at 50 CFR 424.02 define ``physical or biological features
essential to the conservation of the species'' as the features that
occur in specific areas and that are essential to support the life-
history needs of the species, including, but not limited to, water
characteristics, soil type, geological features, sites, prey,
vegetation, symbiotic species, or other features. A feature may be a
single habitat characteristic or a more complex combination of habitat
characteristics. Features may include habitat characteristics that
support ephemeral or dynamic habitat conditions. Features may also be
expressed in terms relating to principles of conservation biology, such
as patch size, distribution distances, and connectivity. For example,
physical features essential to the conservation of the species might
include gravel of a particular size required for spawning, alkaline
soil for seed germination, protective cover for migration, or
susceptibility to flooding or fire that maintains necessary early-
successional habitat characteristics. Biological features might include
prey species, forage grasses, specific kinds or ages of trees for
roosting or nesting, symbiotic fungi, or absence of a particular level
of nonnative species consistent with conservation needs of the listed
species. The features may also be combinations of habitat
characteristics and may encompass the relationship between
characteristics or the necessary amount of a characteristic essential
to support the life history of the species.
In considering whether features are essential to the conservation
of the species, we may consider an appropriate quality, quantity, and
spatial and temporal arrangement of habitat characteristics in the
context of the life-history needs, condition, and status of the
species. These characteristics include, but are not limited to, space
for individual and population growth and for normal behavior; food,
water, air, light, minerals, or other nutritional or physiological
requirements; cover or shelter; sites for breeding, reproduction, or
rearing (or development) of offspring; and habitats that are protected
from disturbance.
In this proposed rule, the physical or biological features are
based on the features of the six ecosystem types on which the 11 plant
(Bidens hillebrandiana ssp. hillebrandiana, Cyanea marksii, Cyanea
tritomantha, Cyrtandra nanawaleensis, Cyrtandra wagneri, Melicope
remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, Schiedea hawaiiensis, Stenogyne cranwelliae) and
1 animal (Drosophila digressa) species depend (see table 1, below).
These six ecosystems are coastal, dry forest, mesic forest, wet forest,
mesic grassland and shrubland, and wet grassland and shrubland; we
summarize the descriptions of these ecosystems and our source for the
descriptions below. The physical or biological features essential to
the conservation of the species identified in this proposed rule are
those features required for the successful functioning of the ecosystem
in which these species occur or have historically occurred (see table
2, below). Although critical habitat is identified for each species
individually, we have found that the conservation of each depends, at
least in part, on the successful functioning of the commonly shared
ecosystem. Ecosystem parameters include elevation, precipitation,
substrate, and associated native plant genera. These ecosystem
parameters describe the species-specific physical or biological
features of the functioning ecosystems on which these listed species
depend. For example, the associated native plant genera described as
physical or biological features for these 12 listed species are
representative of the native plant genera that occur in the functioning
ecosystems on which these 12 species depend, and as such, the
occurrence of these native plant genera indicate functioning native
ecosystems that provide the fundamental biological requirements for the
listed species in these areas. Additionally, Drosophila digressa relies
on native plant genera, specifically Charpentiera, Rockia, and Ceodes,
as native plant host resources, and without which this species would be
highly vulnerable to mortality, reproductive failure, and cyclical
population variation related to fluctuations in breeding resources
(Magnacca et al. 2008, p. 32).
Coastal (as Described by Kim et al. 2020, p. 2)
Coastal ecosystems are defined as near-shore areas that are
impacted by the ocean and generally occur within 328 feet (ft) (100
meters (m)) of high tide up to 984 ft (300 m) in elevation. Coastal
ecosystems are found on all the main Hawaiian Islands and include
coastal dry herblands, coastal dry grasslands, coastal mixed
communities, coastal dry shrublands, coastal dry forests, and coastal
wet-mesic forests. Coastal substrate includes well-drained talus,
calcareous slopes, and dunes. Annual precipitation ranges from less
than 47 inches (in) (120 centimeters (cm)) in coastal dry to 47 to 98
in (120 to 250 cm) in coastal mesic, and to more than 98 in (250 cm) in
coastal wet ecosystem. Bidens hillebrandiana ssp. hillebrandiana is the
only species addressed in this proposed rule known to occupy the
coastal ecosystem.
Dry Forest (as Described by Javar-Salas et al. 2020, p. 2)
Dry forest ecosystems are found on all of the main Hawaiian Islands
and include lowland dry forest and montane-alpine dry forest. Dry
forest is found from 0 to 9,500 ft (0 to 2,900 m). Annual precipitation
ranges from 12 to 79 in (30 to 200 cm). Substrates are generally well-
drained, sandy loams from volcanic ash or cinder and weathered basaltic
lava in lowland dry forest to well-drained, loams from volcanic ash,
cinder, and weathered basaltic lava in montane-alpine dry forest.
Schiedea hawaiiensis is the only species addressed in this proposed
rule known to occupy the dry forest ecosystem.
Mesic Forest (as Described by Lowe et al. 2020, pp. 2-7)
Mesic forest ecosystems include lowland mesic forest and montane
subalpine mesic forest. Elevation ranges from 98 to 5,249 ft (30 to
1,600 m) in lowland mesic forest to 2,953 to 6,562 ft (900 to 2,000 m)
in montane subalpine mesic forest. Annual precipitation
[[Page 18763]]
ranges from 39 to 150 in (100 to 380 cm) in montane subalpine to 47 to
150 in (120 to 380 cm) in lowland mesic forest. Substrates are
generally well-drained and include rocky, shallow, organic muck soils;
steep rocky talus soils; shallow soils over weathered rock in steep
gulches; deep soils over soft weathered rock; and gravelly alluvium.
The plants Cyrtandra nanawaleensis, Phyllostegia floribunda, and
Pittosporum hawaiiense addressed in this proposed rule are found in the
mesic forest ecosystem. The picture-wing fly, Drosophila digressa,
addressed in this proposed rule is also found in the mesic forest
ecosystem.
Wet Forest (as Described by Clark et al. 2020, p. 2)
Wet forest ecosystems include lowland rainforest, montane
rainforest, and montane cloud forest. Elevation ranges from 328 to
3,937 ft (100 to 1,200 m) in lowland rainforest; 2,700 to 7,218 ft (823
to 2,200 m) in montane rainforest; and 2,461 to 6,070 ft (750 to 1,830
m) in montane cloud forest. Annual precipitation is greater than 98 in
(250 cm). Substrates range from very weathered soils to rocky substrate
with classes of undeveloped and developed soil substrates formed from
basalt lava. The plants Cyanea marksii, Cyanea tritomantha, Cyrtandra
nanawaleensis, Cyrtandra wagneri, Phyllostegia floribunda, Pittosporum
hawaiiense, Melicope remyi, Schiedea diffusa ssp. macraei, and
Stenogyne cranwelliae addressed in this proposed rule are found in the
wet forest ecosystem. Drosophila digressa is also found in the wet
forest ecosystem.
Mesic Grassland and Shrubland (as Described by Ball et al. 2020, p. 2)
Mesic grassland and shrubland ecosystems include lowland mesic
shrubland, subalpine mesic shrubland, montane-subalpine mesic
grassland, and lowland mesic grassland. Elevation ranges from 98 to
7,546 ft (30 to 2,300 m). Annual precipitation ranges from 39 to 98 in
(100 to 250 cm). Substrates generally include shallow soils that
frequently dry with rocky outcrops. Cyrtandra nanawaleensis is the only
species addressed in this proposed rule known to occupy the mesic
grassland and shrubland ecosystem.
Wet Grassland and Shrubland (as Described by Nelson et al. 2020, p. 3)
Wet grassland and shrubland ecosystems include native wet sedge and
grassland and native wet cliff and crest shrubland. Elevation ranges
from 656 to 2,953 ft (200 to 900 m). Annual precipitation ranges from
98 to 197 in (250 to 500 cm). Substrates range from older, weathered
soils to younger, rocky substrates. The plants Cyanea tritomantha and
Phyllostegia floribunda addressed in this proposed rule are found in
the wet grassland and shrubland ecosystem.
Summary of Essential Physical or Biological Features
We derive the specific physical or biological features essential to
the conservation of the 12 species from studies of the species'
habitat, ecology, and life history as described below. Additional
information about the ecosystems containing these physical or
biological features and descriptions of each species' occurrence within
these ecosystems can be found in the proposed (77 FR 63928, October 17,
2012) and final (78 FR 64638, October 29, 2013) listing rules for these
species. Each species identified in this rule requires the physical or
biological features for each ecosystem in which that species occurs, as
noted in table 1. Table 2, below, identifies the physical or biological
features of a functioning ecosystem for each of the ecosystem types
identified in this proposed rule. The physical or biological features
are defined here by elevation, annual levels of precipitation,
substrate type, and the characteristic native plant genera that are
found in the canopy, subcanopy, and understory levels of the vegetative
community where applicable. Due to our limited knowledge of the
specific life-history requirements for the species that are little-
studied and occur in remote and inaccessible areas, the physical or
biological features described in this document that provide for the
successful function of the ecosystem that is essential to the
conservation of the species represents the best, and, in many cases,
the only, scientific information available. Accordingly, the physical
or biological features of a functioning ecosystem are, at least in
part, the physical or biological features essential to the conservation
of these 12 species.
Table 1--Twelve Species and Applicable Ecosystems
[Note: All species, except for Bidens hillebrandiana ssp. hillebrandiana
and Schiedea hawaiiensis are found in multiple ecosystems.]
------------------------------------------------------------------------
Ecosystem Species
------------------------------------------------------------------------
Coastal........................... Bidens hillebrandiana ssp.
hillebrandiana.
Dry Forest........................ Schiedea hawaiiensis.
Mesic Forest...................... Cyrtandra nanawaleensis,
Phyllostegia floribunda,
Pittosporum hawaiiense, Drosophila
digressa.
Wet Forest........................ Cyanea marksii, Cyanea tritomantha,
Cyrtandra nanawaleensis, Cyrtandra
wagneri, Drosophila digressa,
Phyllostegia floribunda,
Pittosporum hawaiiense, Melicope
remyi, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae.
Mesic Grassland and Shrubland..... Cyrtandra nanawaleensis.
Wet Grassland and Shrubland....... Cyanea tritomantha, Phyllostegia
floribunda.
------------------------------------------------------------------------
Table 2--Physical or Biological Features for Each Ecosystem Upon Which the 12 Species Depend
[Read in association with table 1]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Contain one or more of these associated native plant
Annual genera
Ecosystem Elevation precipitation Substrate -----------------------------------------------------------
Canopy Subcanopy Understory
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coastal......................... <980 ft (<300 m).. <47 to >98 in well-drained Diospyros, Chenopodium, Eragrostis,
(<120 cm to >250 talus, calcareous Metrosideros, Gossypium, Sesuvium, Sida,
cm). slopes, dunes. Myoporum, Heliotropium, Sporobolus.
Pritchardia. Santalum,
Scaevola.
[[Page 18764]]
Dry Forest...................... <9,500 ft (<2,900 <79 in (<200 cm).. well-drained, Acacia, Colubrina, Achyranthes, Dodonaea,
m). sandy loams or Diospyros, Euphorbia, Doryopteris,
loams from Erythrina, Leptecophylla, Heteropogon,
volcanic ash or Melicope, Nototrichium. Pellaea.
cinder; weathered Metrosideros,
basaltic lava. Myoporum,
Myrsine, Sophora.
Mesic Forest.................... <6,600 ft (<2,000 39-150 in (100-380 rocky, shallow, Acacia, Antidesma, Coprosma, Ctenitis, Doodia,
m). cm). organic muck Charpentiera, Freycinetia, Dryopteris,
soils; rocky Chrysodracon, Leptecophylla, Pelea, Sadleria.
talus soils; Metrosideros, Myoporum,
shallow soils Myrsine, Pipturus, Rubus,
over weathered Nestegis, Sadleria, Sophora.
rock; deep soils Pisonia, Santalum.
over soft
weathered rock;
gravelly alluvium.
Wet Forest...................... <7,300 ft (<2,225 >98 in (>250 cm).. very weathered Acacia, Antidesma, Cibotium, Adenophorus,
m). soils to rocky Cheirodendron, Clermontia, Cibotium,
substrate, Ilex, Melicope, Coprosma, Cyanea, Cyrtandra,
basaltic lava, Metrosideros, Freycinetia, Dicranopteris,
undeveloped Myrsine, Hydrangea, Huperzia,
soils, developed Pittosporum, Vaccinium. Peperomia,
soils. Psychotria. Stenogyne.
Mesic Grassland and Shrubland... 100-7,500 ft (30- 39-98 in (100-250 shallow soils that Coprosma, Dodonaea, Bidens, Carex,
2,300 m). cm). frequently dry Metrosideros, Dubautia, Deschampsia,
with rocky Wilkesia. Leptecophylla, Dicranopteris,
outcrops. Osteomeles, Dryopteris,
Sadleria, Eragrostis,
Vaccinium. Euphorbia,
Lipochaeta.
Wet Grassland and Shrubland..... 660-2,950 ft (200- 98-197 in (250-500 older, weathered Ilex, Kadua, Cibotium, Carex, Cladium,
900 m). cm). soils to younger, Melicope, Clermontia, Deschampsia,
rocky substrates. Metrosideros, Dubautia, Dicranopteris,
Myrsine. Freycinetia, Eragrostis,
Hydrangea, Peperomia,
Lobelia, Phyllostegia,
Pipturus, Scaevola.
Touchardia,
Urera, Vaccinium.
--------------------------------------------------------------------------------------------------------------------------------------------------------
The physical or biological features identified in this proposed
rule take into consideration the ecosystem types in which each species
occurs, as described above, and also reflect a distribution that we
believe is essential to achieving the species' recovery needs within
those ecosystems. We considered the current population status of each
species, to the extent it is known, and assessed its status relative to
the recovery objectives for that species, in terms of population goals
(numbers of populations and individuals in each population, which
contributes to population resiliency) and distribution (whether the
species occurs in habitats representative of its historic geographical
and ecological distribution, and are sufficiently redundant to
withstand the loss of some populations over time). This assessment
informed us as to whether the species requires space for population
growth and expansion in areas occupied at the time of listing, or
whether additional areas unoccupied at the time of listing may be
required for the reestablishment of populations to achieve
conservation.
Some of the species addressed in this proposed rule occur in more
than one ecosystem. The physical or biological features for these
species are described separately for each ecosystem in which they
occur. The reasoning behind this approach is that each species requires
a different suite of environmental conditions depending upon the
ecosystem in which it occurs. For example, Cyrtandra nanawaleensis will
occur in association with different native plant species, depending on
the mesic forest, wet forest, or mesic grassland and shrubland
ecosystem type where it is found. Each of the physical or biological
features described in each ecosystem in which the species occurs are
essential to the conservation of the species, which includes the
ability to support the geographical and ecological distribution across
the different ecosystem types where the species occurs. Each physical
or biological feature is also essential to retaining the genetic
representation that allows this species to successfully adapt to
different environmental conditions in various native ecosystems.
Although some of these species occur in multiple native ecosystems,
their declining abundance in the face of ongoing threats, such as
increasing numbers of nonnative plant competitors, indicates that they
are not such broad habitat generalists as to be able to persist in
highly altered habitats. Based on an analysis of the best available
scientific information, functioning native ecosystems provide the
fundamental biological requirements for the narrow-range, island-
endemic species that are addressed in this proposed rule.
Some examples may help to clarify our approach to describing the
physical or biological features for each species. To understand the
physical or biological features for the plant Bidens hillebrandiana
ssp. hillebrandiana, for example, we first look at table 1 and see that
B. hillebrandiana ssp. hillebrandiana depends on the coastal ecosystem.
Table 2 indicates that the physical or biological features in the
coastal ecosystem include elevations of less than 980 ft (300 m);
annual precipitation ranges from less than 47 in (120 cm) to more than
98 in (250 cm); well-drained talus, calcareous slopes, and dunes; and
contain one or more genera of the subcanopy and understory plants
Chenopodium, Eragrostis, Gossypium, Heliotropium, Santalum, Scaevola,
Sesuvium, Sida, and Sporobolus, and one or more of the genera of the
canopy species Diospyros, Metrosideros, Myoporum, and Pritchardia. The
specific physical or biological features for B. hillebrandiana ssp.
hillebrandiana are intrinsically tied to the coastal ecosystem. The
physical
[[Page 18765]]
or biological features of the coastal ecosystem best approximate the
physical or biological features for B. hillebrandiana ssp.
hillebrandiana. Thus, we use the physical and biological features
provided in the ecosystem in which B. hillebrandiana ssp.
hillebrandiana is found as the physical and biological features for B.
hillebrandiana ssp. hillebrandiana.
As another example, table 1 indicates the physical or biological
features for the plant Phyllostegia floribunda include the ecosystem-
level physical or biological features for the mesic forest, wet forest,
and wet grassland and shrubland ecosystems. The physical or biological
features for P. floribunda are thus composed of the physical or
biological features for each of the three ecosystems it occupies, as
described in table 2 for the mesic forest, wet forest, and wet
shrubland and grassland ecosystems. Table 1 is read in a similar
fashion in conjunction with table 2 to describe the physical or
biological features for each of the 12 species for which we are
proposing critical habitat.
Special Management Considerations or Protection
When designating critical habitat, we assess whether the specific
areas within the geographical area occupied by the species at the time
of listing contain features which are essential to the conservation of
the species and which may require special management considerations or
protection. The following discussion of special management needs is
applicable to each of the 12 species on the island of Hawai[revaps]i
for which we are designating critical habitat.
For the 11 plant species and Drosophila digressa, we have
determined that the features essential to their conservation are those
required for the successful functioning of the ecosystem in which they
occur (see tables 1 and 2, above); conversely, threats that act at the
ecosystem level also act at the species level. Special management
considerations or protections may be required throughout the critical
habitat areas proposed for designation here to avoid further
degradation or destruction of the physical or biological features
essential to the 12 species' conservation. Habitat degradation,
including trampling and herbivory by introduced ungulates, fire,
drought, and habitat modification by invasive plants, are the greatest
threats to these 12 species, and these threats act at the ecosystem
level. Threats specific to Drosophila digressa habitat include loss or
lack of host plants from ungulates, drought, fire, alteration of
microclimate by invasive plants or the plant disease referred to as
rapid [revaps][omacr]hi[revaps]a death (ROD), (78 FR 64638, October 29,
2013; Service 2021f, pp. 21-23). Some of these threats may be addressed
by special management considerations or protection, while others (e.g.,
sea level rise, hurricanes, drought, volcanic eruption) are beyond the
control of landowners and managers. For a more detailed description of
threats, please see the proposed listing rule (77 FR 63928, October 17,
2012, pp. 63941-63974), the final listing rule (78 FR 64638, October
29, 2013, pp. 64653-64686), and the draft recovery plan (Service 2022a,
entire).
While the 12 species share many threats, impacts to individual
species and the actions needed to eliminate or manage the threats may
differ. Special management considerations or protections may thus be
needed within critical habitat areas to address the threats for each of
the 12 species. Management activities that could minimize or ameliorate
these threats include, but are not limited to, ungulate removal and
exclusion fencing; control or eradication of significant habitat-
modifying, invasive plants; fire management planning and wildfire
response; and measures to reduce of the spread of rapid
[revaps][omacr]hi[revaps]a death (ROD) and other plant pathogens.
Management activities that could minimize or ameliorate threats
specific to Drosophila digressa include control measures to reduce and
eradicate invasive invertebrates, such as wasps and ants. These
management actions would result in the protection of areas providing
habitat for the 12 species.
Criteria Used To Identify Critical Habitat
As required by section 4(b)(2) of the Act, we use the best
scientific data available to designate critical habitat. In accordance
with the Act and our implementing regulations at 50 CFR 424.12(b), we
review available information pertaining to the habitat requirements of
the species and identify specific areas within the geographical area
occupied by the species at the time of listing and any specific areas
outside the geographical area occupied by the species to be considered
for designation as critical habitat. For each of the 12 species for
which we are proposing critical habitat, except Schiedea hawaiiensis,
we are proposing to designate critical habitat in areas within the
geographical area occupied by the species at the time of listing. For
Bidens hillebrandiana ssp. hillebrandiana, Cyanea marksii, and
Cyrtandra nanawaleensis, we are not proposing to designate any areas
outside the geographical area occupied by the species because we have
not identified any unoccupied areas that meet the definition of
critical habitat for these species; no unoccupied areas had at least
one physical or biological features essential to the conservation of
the species and a reasonable certainty of contributing to conservation.
We are proposing to designate specific areas outside the
geographical area occupied by the species at the time of its listing
for nine species. For eight of these species, we are also proposing to
designate critical habitat based on occupancy at the time of listing
(Drosophila digressa, Cyanea tritomantha, Cyrtandra wagneri, Melicope
remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, Stenogyne cranwelliae). We are not proposing any
occupied areas a critical habitat for the ninth species, Schiedea
hawaiiensis. For Schiedea hawaiiensis, we are proposing to designate
only unoccupied critical habitat because the single area known to be
occupied by the species at the time of listing is exempted from
designation (see Exemptions, below, for more information) and the
amount of occupied areas were determined to be inadequate to ensure
conservation of the species. All other proposed unoccupied critical
habitat areas overlap entirely with a geographical area for which we
are proposing occupied critical habitat for at least 1 of the other 12
species. The proposed unoccupied critical habitat for Schiedea
hawaiiensis, however, has no overlap in geographic occurrence with the
other species addressed in this proposed rule.
We propose to designate areas outside the geographical area
occupied by these species (Drosophila digressa, Cyanea tritomantha,
Cyrtandra wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae, and
Schiedea hawaiiensis) due to small population sizes, few individuals,
or reduced geographic range, which make these species vulnerable to
stochastic events. Many of these species are so rare in the wild that
they are at a high risk of extirpation or even extinction from various
events, such as hurricanes or landslides. Therefore, supporting
resilience and redundancy in these species through the establishment of
multiple, robust populations is a key component of conservation of the
species (Service 2022a, pp. 29-30, 35, 39, 48-49). A designation
limited to occupied areas would be inadequate to ensure the
conservation of these species. Areas that
[[Page 18766]]
may have been unoccupied at the time of listing, together with areas
occupied at the time of listing, are reasonably certain to provide some
or all of the habitat necessary for the expansion of existing wild
populations and reestablishment of wild populations within the
historical range of the species to achieve a level that could approach
recovery. The best available scientific information suggests that the
ecosystems in the unoccupied areas in which we are proposing critical
habitat provide one or more of the physical or biological features that
support life-history requirements of these nine species, and thus these
unoccupied areas are considered habitat for the conservation of these
nine species. These areas support recovery in the case of stochastic
events that otherwise have potential to eliminate a species from the
one, or more, of the locations where it is currently found. We find,
therefore, that designation of these unoccupied areas as critical
habitat is essential for the conservation of the species. Designating
unoccupied areas as critical habitat for these species also promotes
conservation actions to restore their historical, geographical, and
ecological representation, necessary for their recovery.
In this proposed rule, we propose critical habitat for 12 species
in 20 distinct areas that include 40 critical habitat units, with
animal and plant units identified separately. Each proposed critical
habitat unit contains all or some of the physical or biological
features essential to the conservation of those individual species that
occupy that particular unit, or areas essential for the conservation of
those species identified that do not presently occupy that particular
unit. The proposed critical habitat for all species includes the
functioning ecosystems on which they depend; thus, for those species
with life-history requirements that can be supported in multiple
ecosystem types, we have identified areas of critical habitat in
multiple ecosystem types. For example, the plant Cyrtandra
nanawaleensis is found in multiple critical habitat units across three
ecosystem types: mesic forest, mesic grassland and shrubland, and wet
forest.
Because we have determined that the features essential to the
conservation of the 12 species are those required for the successful
functioning of the ecosystems in which they respectively occur, we
grouped species by the commonly shared ecosystem type to delineate
critical habitat units. We used similar methods to identify critical
habitat unit boundaries for nine plant species: Cyanea marksii, Cyanea
tritomantha, Cyrtandra nanawaleensis, Cyrtandra wagneri, Melicope
remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, and Stenogyne cranwelliae. These nine species
were considered together because spatial data used for delineating
critical habitat are similar among these species, and these species all
occur within mesic to wet ecosystems, whereas the remaining two plant
species do not (see table 1, above). We considered each species
separately within their shared dependence on the functioning ecosystems
they have in common. We used separate methods to identify critical
habitat unit boundaries for each of the remaining three species: Bidens
hillebrandiana ssp. hillebrandiana, Schiedea hawaiiensis, and
Drosophila digressa. Bidens hillebrandiana ssp. hillebrandiana and
Schiedea hawaiiensis each occur in an ecosystem type not shared with
any of the other 12 species, and Drosophila digressa was considered
separately because of differences in taxonomy and life history from the
plants. Critical habitat boundaries for all species were delineated to
clearly depict and promote conservation of these species by identifying
the functioning ecosystem on which they depend. Ecosystem types that
support the species addressed here but that do not form a contiguous
area are divided geographically into separate units. In units
consisting of multiple ecosystem types, if a species' physical or
biological features are provided by one of the ecosystem types, we
propose to designate the entire area as critical habitat for that
species. We took this approach because within these units, ecosystem
types are patchily distributed at a relatively fine resolution,
intermingled, and can be dynamic on a relatively short timescale in
their distribution within the critical habitat area.
To delineate the proposed critical habitat units, we relied on an
overall conservation strategy in which each of the 12 species was
considered separately using a common approach for 9 plant species, and
a separate approach for the remaining 2 plant species and Drosophila
digressa. The goal of the conservation strategy was to identify the
specific areas for each species that provide essential physical or
biological features without which range-wide resiliency, redundancy,
and representation could not be achieved. The conservation strategy
considered (1) historical and current distribution of each of the 12
species; (2) assessments of resiliency, redundancy, and representation
for each species from the most recent species reports (Service 2021a-
n); and (3) recovery planning efforts (Service 2022a, entire). Some of
the proposed critical habitat for these 12 species overlies critical
habitat already designated for other species on the island of
Hawai[revaps]i.
In summary, we completed the following basic steps to delineate
critical habitat (specific methods follow below):
(1) We compiled the best scientific data available on observations
and distributions of the 12 species that were extant at the time of
listing;
(2) We compiled all available location and landcover data,
including ecosystem type, within the range of the 12 species;
(3) We identified areas containing the physical or biological
features that may require special management consideration or
protection;
(4) We circumscribed boundaries of potential critical habitat units
based on the above information; and
(5) We removed, to the extent practicable, all areas that did not
have the specific physical or biological feature components, and
therefore are not considered essential to the conservation of one or
more of these 12 species.
Based on these five steps, for areas within and outside the
geographic area occupied by the species at the time of listing, we
delineated critical habitat unit boundaries using the following
methods:
(1) Species observation and distribution data sources: We obtained
observational and distributional data to include in our Geographic
Information System database for each of the 12 species including the
known locations of the species from the Hawai[revaps]i Biodiversity
Mapping Program (HBMP) database (HBMP 2010a, entire; HBMP 2010b,
entire; HBMP 2010c, entire; HBMP 2010d, entire; HBMP 2010e, entire;
HBMP 2010f, entire; HBMP 2010g, entire; HBMP 2010h, entire), the Plant
Extinction Prevention Program database (PEPP 2021, unpublished), and
our own rare plant database. We also obtained and compiled species
information from the plant database housed at National Tropical
Botanical Garden (https://ntbg.org/database/herbarium/). We used
Hawai[revaps]i Biodiversity Mapping Program's Geographic reference
areas for the Hawaiian Islands in conjunction with known species'
location data (Kam 2017, p. 1; Hawai[revaps]i Rare Plant Restoration
Group 2020, p. 2). For plants, we obtained and compiled species range
maps, as determined by plant species ranges in the Hawaiian
[[Page 18767]]
Islands (Price et al. 2012, entire), and our own plant species range
layer adapted from Price et al. 2012 (Service 2022b-l, entire). For
Drosophila digressa, we created our own potential species range layer
using the U.S. Geological Survey's (USGS's) Carbon Assessment Landcover
data of 2017 for mesic and wet forest habitats (Selmants et al. 2017,
entire; Service 2021f) and the known elevational range of the species,
which is between 2,000 to 4,500 ft (600 to 1,400 m). Lastly, we
obtained recent biological surveys and reports and discussed that
information with qualified individuals familiar with these 12 species
and their ecosystems.
We used current and historical species distribution information to
develop initial critical habitat boundaries in each of the six
ecosystems that would provide for the conservation of the 12 species.
The initial boundaries were superimposed over digital topographic maps
of the island of Hawai[revaps]i and further evaluated. In general, land
areas that were identified as highly degraded were removed from the
proposed critical habitat units, and natural or constructed features
(e.g., ridge lines, valleys, streams, coastlines, roads, lava flows,
obvious land features, etc.) were used to delineate the proposed
critical habitat boundaries.
(2) Identified areas containing physical or biological features: We
obtained and compiled island-wide elevation, annual precipitation, soil
substrate, and associated native plant genera data sources (Gagne and
Cuddihy 1999, pp. 45-114; LANDFIRE 2016, pp. 1177-1242; Ball et al.
2020, p. 2; Clark et al. 2020, p. 2; Javar-Salas et al. 2020, p. 2; Kim
et al. 2020, p. 2; Lowe et al. 2020, pp. 2-7; Nelson et al. 2020, p.
3). We evaluated areas currently occupied by each species and whether
they contain the physical or biological features essential to the
conservation of the species and which may require special management
considerations or protection. We considered the degree to which the
physical or biological features were present or absent in areas as an
indication of the successful functioning of the habitat.
(3) Landcover and ecosystem data sources: We obtained and compiled
landcover and ecosystem data from the island-wide Geographic
Information System coverage including USGS Carbon Assessment Landcover
data of 2017 (Selmants et al. 2017, entire) and ArcGIS Esri World
Imagery of 2022 (Esri 2023, entire); 1:24,000 scale digital raster
graphics of USGS topographic quadrangles; and geospatial data sets
associated with parcel data from Hawai[revaps]i County (Hawaii
Statewide GIS Program 2013, entire). We evaluated areas currently
occupied by each species. When a species occurs in more than one
ecosystem type, we include the full range of ecosystem types within
that species' range. For example, Phyllostegia floribunda is known from
three of the six ecosystem types addressed in this proposed rule: mesic
forest, wet forest, and wet grassland and shrubland ecosystem types.
(4) Circumscribed boundaries of potential critical habitat units:
We considered several factors in the selection of specific boundaries
for critical habitat for the 12 species. We determined critical habitat
unit boundaries taking into consideration the information on known past
and present locations of the species, landcover and ecosystem data
sources by USGS Carbon Assessment Landcover Data (Selmants et al. 2017,
entire), recovery areas described by the species' draft recovery plan,
projections of geographic ranges of Hawaiian plant species and
Drosophila digressa (Price et al. 2012, entire; Service 2021f, entire;
Service 2022b-l, entire), and adequate habitat to allow for increases
in numbers of individuals and for expansion of populations to provide
for the minimum numbers required to reach delisting goals (as described
in the draft recovery plan (Service 2022a, entire)). Critical habitat
boundaries for all species were delineated to promote the conservation
of these species by identifying the functioning ecosystems on which
they depend.
(5) Removed areas lacking the identified physical or biological
features: When determining proposed critical habitat boundaries, we
made every effort to avoid including developed areas such as lands
covered by buildings, pavement, and other structures because such lands
lack the physical or biological features necessary for these 12
species. The scale of the maps we prepared under the parameters for
publication within the Code of Federal Regulations (CFR) may not
reflect the exclusion of such developed lands. Any such lands
inadvertently left inside critical habitat boundaries shown on the maps
of this proposed rule have been excluded by text in the proposed rule
and are not proposed for designation as critical habitat. Therefore, if
the critical habitat designations are finalized as proposed, a Federal
action involving these lands would not trigger section 7 consultation
with respect to critical habitat and the requirement of no adverse
modification unless the specific action would affect the identified
physical or biological features in the critical habitat units.
We propose to designate as critical habitat lands that we have
determined are occupied at the time of listing and that contain one or
more of the physical or biological features that are essential to
support life-history processes of the species. We have determined that
occupied areas are inadequate to ensure the conservation of the
species. Therefore, we have also identified, and propose for
designation as critical habitat, unoccupied areas that are essential
for the conservation of nine of the species (see Proposed Critical
Habitat Designation, below).
Units are proposed for designation based on one or more of the
physical or biological features being present to support the life-
history processes for 1 or more of the 12 species for which we propose
critical habitat. Some units contain all of the identified physical or
biological features and support multiple life-history processes. Some
units contain only some elements of the physical or biological features
necessary to support the species' particular use of that habitat.
The proposed critical habitat designation is defined by the map or
maps, as modified by any accompanying regulatory text, presented at the
end of this document under Proposed Regulation Promulgation. We include
more detailed information on the boundaries of the critical habitat
designation in the preamble of this document. We will make the
coordinates or plot points or both on which each map is based available
to the public on https://www.regulations.gov at Docket No. FWS-R1-ES-
2023-0017.
Proposed Critical Habitat Designation
We are proposing approximately 122,277 ac (49,484 ha) as critical
habitat in 20 distinct areas that include 40 critical habitat units,
with 9 animal and 31 plant units identified separately, for Drosophila
digressa, Bidens hillebrandiana ssp. hillebrandiana, Cyanea marksii,
Cyanea tritomantha, Cyrtandra nanawaleensis, Cyrtandra wagneri,
Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, Schiedea hawaiiensis, and Stenogyne
cranwelliae. The critical habitat areas we describe below constitute
our current best assessment of areas that meet the definition of
critical habitat for each species. Table 3 shows the proposed critical
habitat units and the approximate area of each unit by landowner type.
Within the 20 distinct areas, areas of proposed critical habitat
for Drosophila digressa are described as 9 sequential
[[Page 18768]]
numbered units, whereas areas of proposed critical habitat for plants
are described as 19 sequential numbered sections that are then split
into 1 or more units, based on whether they overlap with existing
designated critical habitat for other plant species on the island of
Hawai[revaps]i. Some of the proposed critical habitat for Drosophila
digressa overlays critical habitat already proposed or designated for
plant species; however, critical habitat designations for wildlife
species at 50 CFR 17.95 are organized differently than critical habitat
designations for plant species on the island of Hawai[revaps]i at 50
CFR 17.99. Therefore, the proposed critical habitat for Drosophila
digressa stands alone and is not incorporated into, or presented to
address, any existing critical habitat units for other species. Areas
of a section that overlay existing Hawaiian plant critical habitat
units are assigned to that existing critical habitat unit name. Areas
of a section that do not overlay existing Hawaiian plant critical
habitat are assigned a sequential new critical habitat unit number.
This distinction between existing and newly proposed critical habitat
areas is necessary in order to be consistent with the critical habitat
unit numbering system we established earlier for plants on the island
of Hawai[revaps]i (see 50 CFR 17.99(k)). We provide the critical
habitat section numbers, where applicable, as well as unit numbers and
the corresponding map numbers that would appear at 50 CFR 17.99 if we
adopt this rule as proposed for ease of reference in the CFR. All units
in the proposed designation, with the exception of Unit 55 within
Schiedea hawaiiensis--Section 19, are considered occupied at the time
of listing (see 78 FR 64638; October 29, 2013) by 1 or more of the 12
species for which we are proposing critical habitat (table 4). Of the
20 distinct areas for which critical habitat is proposed, 13 include
animal units or plant sections that are both occupied and unoccupied
for 2 or more of the 12 Hawai[revaps]i island species.
The areas we propose as critical habitat are located in six
ecosystem types: (1) coastal, (2) dry forest, (3) mesic forest, (4) wet
forest, (5) mesic grassland and shrubland, and (6) wet grassland and
shrubland. Critical habitat designations for plants and animals are
published in separate sections of the CFR; however, the proposed
critical habitat for the 11 plants and Drosophila digressa overlap each
other in many areas on the island of Hawai[revaps]i. For example,
``Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae--Section 1'' and ``Drosophila digressa--Unit 1''
overlap entirely within the same geographic area. Therefore, because
the section and unit boundaries are the same, we describe them together
to avoid redundancy and reduce publication costs for this proposed
rule, as indicated by ``and'' following the section name in the
following headings.
Table 3--Proposed Critical Habitat Units by Ecosystem, Land Ownership, and Size
[Area estimates reflect all land within critical habitat unit boundaries]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Private/other (ac
Animal unit Plant section Plant unit Federal (ac (ha)) State (ac (ha)) (ha)) Total (ac (ha))
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wet Forest
--------------------------------------------------------------------------------------------------------------------------------------------------------
Drosophila digressa--Unit 1.... Cyanea tritomantha, Unit 3........... 3,550 (1,436) 7,962 (3,222) 547 (221) 12,059 (4,880)
Cyrtandra wagneri, Unit 52.......... 548 (222) 2,682 (1,085) 984 (398) 4,213 (1,705)
Melicope remyi,
Phyllostegia
floribunda,
Pittosporum
hawaiiense, Schiedea
diffusa ssp. macraei,
Stenogyne cranwelliae--
Section 1.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. 4,097 (1,658) 10,644 (4,307) 1,531 (619) 16,272 (6,585)
Drosophila digressa--Unit 7.... Cyanea marksii, Unit 15.......... ................. 182 (73) ................. 182 (73)
Phyllostegia Unit 39.......... ................. 1,021 (413) 144 (58) 1,164 (471)
floribunda,
Pittosporum
hawaiiense, Schiedea
diffusa ssp. macraei,
Stenogyne cranwelliae--
Section 4.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 1,202 (486) 144 (58) 1,346 (545)
Drosophila digressa--Unit 8.... Cyanea marksii, Unit 15.......... ................. 55 (22) 72 (29) 127 (51)
Phyllostegia Unit 38.......... ................. 298 (121) 236 (95) 534 (216)
floribunda,
Pittosporum
hawaiiense, Schiedea
diffusa ssp. macraei,
Stenogyne cranwelliae--
Section 5.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 353 (143) 308 (125) 661 (267)
Drosophila digressa--Unit 6.... Cyanea marksii, Unit 16.......... ................. 156 (63) ................. 156 (63)
Phyllostegia Unit 40.......... ................. 1,239 (501) 4 (2) 1,243 (503)
floribunda,
Pittosporum
hawaiiense, Schiedea
diffusa ssp. macraei,
Stenogyne cranwelliae--
Section 6.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 1,395 (565) 4 (2) 1,399 (566)
Drosophila digressa--Unit 2.... Cyanea tritomantha, Unit 29.......... ................. 494 (200) ................. 494 (200)
Cyrtandra wagneri, Unit 30.......... 7,235 (2,928) 6,498 (2,630) ................. 13,732 (5,557)
Phyllostegia Unit 51.......... 643 (260) 16,906 (6,841) 316 (128) 17,865 (7,230)
floribunda,
Pittosporum
hawaiiense, Schiedea
diffusa ssp. macraei,
Stenogyne cranwelliae--
Section 11.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. 7,877 (3,188) 23,898 (9,671) 316 (128) 32,091 (12,987)
Drosophila digressa--Unit 9.... Cyanea marksii, Unit 37.......... 1,906 (771) ................. <1 (<1) 1,906 (771)
Phyllostegia
floribunda,
Pittosporum
hawaiiense, Schiedea
diffusa ssp. macraei,
Stenogyne cranwelliae--
Section 12.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. 1,906 (771) ................. <1 (<1) 1,906 (771)
[[Page 18769]]
Drosophila digressa--Unit 5.... Cyanea marksii, Unit 41.......... ................. 411 (166) 3,001 (1,214) 3,412 (1,381)
Phyllostegia
floribunda,
Pittosporum
hawaiiense, Schiedea
diffusa ssp. macraei,
Stenogyne cranwelliae--
Section 13.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 411 (166) 3,001 (1,214) 3,412 (1,381)
Cyrtandra Unit 47.......... ................. 274 (111) ................. 274 (111)
nanawaleensis--Section
15.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 274 (111) ................. 274 (111)
Cyrtandra Unit 48.......... ................. 582 (235) 7 (3) 589 (238)
nanawaleensis--Section
16.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 582 (235) 7 (3) 589 (238)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mesic Coastal
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bidens hillebrandiana Unit 6........... ................. 2 (1) ................. 2 (1)
ssp. hillebrandiana-- Unit 53.......... ................. 80 (33) 245 (99) 325 (132)
Section 2.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 82 (33) 245 (99) 327 (132)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wet Forest and Wet Grassland and Shrubland
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cyanea tritomantha, Unit 8........... ................. 6,805 (2,754) ................. 6,805 (2,754)
Melicope remyi, Unit 9........... ................. <1 (<1) 1 (<1) 1 (<1)
Phyllostegia Unit 54.......... ................. 5,913 (2,392) 1,738 (703) 7,651 (3,096)
floribunda,
Pittosporum
hawaiiense, Schiedea
diffusa ssp. macraei,
Stenogyne cranwelliae--
Section 3.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 12,718 (5,147) 1,739 (704) 14,457 (5,851)
Cyrtandra wagneri, Unit 23.......... 9 (4) ................. ................. 9 (4)
Phyllostegia Unit 45.......... 5,494 (2,223) ................. ................. 5,494 (2,223)
floribunda,
Pittosporum
hawaiiense--Section 7.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. 5,503 (2,227) ................. ................. 5,503 (2,227)
Cyrtandra Unit 28.......... ................. 155 (63) ................. 155 (63)
nanawaleensis, Unit 46.......... ................. 12,213 (4,942) 6 (2) 12,219 (4,945)
Cyrtandra wagneri,
Phyllostegia
floribunda--Section 10.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 12,368 (5,005) 6 (2) 12,374 (5,008)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wet Forest and Mesic Forest
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cyanea tritomantha, Unit 24.......... 1,956 (792) 125 (51) ................. 2,081 (842)
Cyrtandra wagneri, Unit 44.......... 318 (129) 5,439 (2,201) 649 (263) 6,406 (2,593)
Pittosporum
hawaiiense, Schiedea
diffusa ssp. macraei,
Stenogyne cranwelliae--
Section 8.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. 2,274 (920) 5,564 (2,252) 649 (263) 8,487 (3,435)
Cyrtandra wagneri, Unit 24.......... 36 (14) 65 (26) ................. 101 (41)
Pittosporum Unit 43.......... 1,689 (683) 4,183 (1,693) ................. 5,872 (2,376)
hawaiiense, Schiedea
diffusa ssp. macraei,
Stenogyne cranwelliae--
Section 9.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. 1,725 (698) 4,248 (1,719) ................. 5,973 (2,417)
Drosophila digressa--Unit 3.... Cyanea tritomantha, Unit 42.......... 8,769 (3,549) 12 (5) ................. 8,781 (3,554)
Cyrtandra wagneri,
Phyllostegia
floribunda,
Pittosporum
hawaiiense, Schiedea
diffusa ssp. macraei,
Stenogyne cranwelliae--
Section 14.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. 8,769 (3,549) 12 (5) ................. 8,781 (3,554)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wet Forest, Mesic Forest, and Mesic Grassland and Shrubland
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cyrtandra Unit 49.......... ................. 875 (354) 1 (<1) 875 (354)
nanawaleensis--Section
17.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 875 (354) 1 (<1) 875 (354)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cyrtandra Unit 50.......... ................. 562 (227) 1 (<1) 562 (227)
nanawaleensis--Section
18.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 562 (227) 1 (<1) 562 (227)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dry Forest
--------------------------------------------------------------------------------------------------------------------------------------------------------
Schiedea hawaiiensis-- Unit 55.......... ................. 6,822 (2,761) ................. 6,822 (2,761)
Section 19.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 6,822 (2,761) ................. 6,822 (2,761)
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 18770]]
Mesic Forest
--------------------------------------------------------------------------------------------------------------------------------------------------------
Drosophila digressa--Unit 4.... ....................... ................. ................. 167 (67) ................. 167 (67)
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 167 (67) ................. 167 (67)
----------------------------------------------------------------------------
Total.................. ....................... ................. 32,151 (13,011) 82,177 (33,256) 7,950 (3,217) 122,277 (49,484)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.
[GRAPHIC] [TIFF OMITTED] TP29MR23.020
[[Page 18771]]
Table 5--Proposed Critical Habitat Units for Drosophila Digressa (Picture-Wing Fly)
----------------------------------------------------------------------------------------------------------------
Corresponding critical habitat map in the
Critical habitat unit Occupied/unoccupied Code of Federal Regulations (CFR)
----------------------------------------------------------------------------------------------------------------
Drosophila digressa--Unit 1............. Unoccupied................. Drosophila digressa--Hawai[revaps]i
Island, HI--Unit 1.
Drosophila digressa--Unit 2............. Occupied................... Drosophila digressa--Hawai[revaps]i
Island, HI--Unit 2.
Drosophila digressa--Unit 3............. Unoccupied................. Drosophila digressa--Hawai[revaps]i
Island, HI--Unit 3.
Drosophila digressa--Unit 4............. Occupied................... Drosophila digressa--Hawai[revaps]i
Island, HI--Unit 4.
------------------------------------------
Drosophila digressa--Unit 5............. Unoccupied................. Drosophila digressa--Hawai[revaps]i
Island, HI--Unit 5, Unit 6, Unit 7, Unit
8, Unit 9.
Drosophila digressa--Unit 6............. Unoccupied.................
Drosophila digressa--Unit 7............. Unoccupied.................
Drosophila digressa--Unit 8............. Unoccupied.................
Drosophila digressa--Unit 9............. Unoccupied.................
----------------------------------------------------------------------------------------------------------------
We present brief descriptions of all units, and reasons why they
meet the definition of critical habitat, for each of the 12
Hawai[revaps]i Island species, below.
Descriptions of Proposed Critical Habitat
We describe each section and unit separately, below, but first
describe the common rationale for proposing areas of critical habitat
as occupied and/or unoccupied critical habitat. All areas that are
proposed as occupied habitat for a species are important for that
species because these areas are either the last or one of the last
remaining areas inhabited by the species and they meet the definition
of critical habitat, making these areas necessary for maintaining the
redundancy and representation for the species' conservation. This is
the case for all sections and units, with the exception of Schiedea
hawaiiensis--Section 19, which is proposed critical habitat, but is not
currently occupied habitat for any of the 12 species. We note which
areas are the last remaining area known to be inhabited by a species.
We analyzed whether occupied areas were adequate for the
conservation of each of the 12 species based on conservation goals
within the recovery plan (Service 2022a, entire). Occupied areas were
not able to provide the space needed to meet the target number of
reproductive populations and individuals for any of the 12 species, but
for three species, no other areas containing physical or biological
features are known, leaving nine species (Drosophila digressa, Cyanea
tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae, and Schiedea hawaiiensis) for which additional
areas containing at least one physical or biological feature essential
to the conservation of the species are known. We have determined that
all areas of unoccupied habitat that are proposed critical habitat for
these species are essential for the conservation of these species
because (1) they provide one or more of the physical or biological
features necessary for the reestablishment of wild populations within
their range, and (2) we have reasonable certainty that these areas will
contribute to the conservation of the species by contributing to the
areas needed to support the numbers of populations and reproducing
individuals needed for recovery, thus helping to ensure resiliency,
redundancy, and representation needed for conservation of these
species. The establishment of multiple (redundancy), robust populations
is a key component of conservation of these species (Service 2022a, pp.
29-30, 35, 39, 48-49). Due to the small numbers of individuals of each
of these species, they require suitable habitat and space for expansion
or introduction to achieve population levels that could approach
recovery. Designating unoccupied areas as critical habitat for these
species also supports recovery by allowing the habitat needed to
establish additional populations able to withstand environmental
stochasticity (resiliency) that otherwise has potential to eliminate a
species from the one, or more, of the locations where it is currently
found. Designating these unoccupied areas as critical habitat also
promotes conservation actions to restore their historical,
geographical, and ecological representation (representation), necessary
for their recovery. For ease of reading and space efficiency, after
first use of the full name of a plant section, we will refer to it by
its section number only.
Table 6--Land Use, Threats to Habitat, and Potential Special Management Considerations for Critical Habitat
Units Designated for the 12 Hawai[revaps]i Island Species
----------------------------------------------------------------------------------------------------------------
Plant section Drosophila unit General land use Threats Special management
----------------------------------------------------------------------------------------------------------------
Section 1....................... Unit 1............ A, B, C, D, E, F, O, P, Q........... S, T, U.
G.
Section 2....................... .................. A, B, C, D, E, F, O, P, Q, R........ S, T, U.
H.
Section 3....................... .................. A, B, C, D, E, F, O, P, Q, R........ S, T, U.
H.
Section 4....................... Unit 7............ A, B, C, D, E, F, O, P, Q, R........ S, T, U.
H.
Section 5....................... Unit 8............ A, B, C, D, E, F, O, P, Q, R........ S, T, U.
H.
Section 6....................... Unit 6............ A, B, C, D, E, F, O, P, Q, R........ S, T, U.
H.
Section 7....................... .................. A, B, C, D, F, H.. O, P, Q, R........ S, T, U.
Section 8....................... .................. A, E, F, G, H, I, O, P, Q........... S, T.
J, K, L.
Section 9....................... .................. A, E, F, H, I, J.. O, P, Q, R........ S, T, U.
Section 10...................... .................. A, B, C, D, E, F, O, P, Q, R........ S, T, U.
G, H, M.
Section 11...................... Unit 2............ A, B, C, D, E, F, O, P, Q, R........ S, T, U.
H, K, N.
Section 12...................... Unit 9............ A, B, C, D, F, H.. O, P, Q, R........ S, T, U.
Unit 4............ A, B, C, D, E, F, O, P, Q, R........ S, T, U.
H.
Section 13...................... Unit 5............ A, B, C, D, E, F, O, P, Q, R........ S, T, U.
G, H.
Section 14...................... Unit 3............ A, E, F, H, I, J.. O, P, Q, R........ S, T, U.
[[Page 18772]]
Section 15...................... .................. A, B, C, D, E, F, O, P, Q, R........ S, T, U.
N.
Section 16...................... .................. A, B, C, D, E, F, O, P, Q, R........ S, T, U.
N.
Section 17...................... .................. A, B, C, D, E, F, O, P, Q, R........ S, T, U.
N.
Section 18...................... .................. A, B, C, D, E, F, O, P, Q, R........ S, T, U.
N.
Section 19...................... .................. A, B, C, D, E, F, O, P, Q, R........ S, T, U.
H.
----------------------------------------------------------------------------------------------------------------
Definition of Codes Used in Table 6
General land use:
(A) Watershed protection
(B) Ungulate and invasive plant control
(C) Natural resource monitoring
(D) Rare species protection and research
(E) Public hunting
(F) Public use and recreation
(G) Education and outreach
(H) Fire control
(I) Natural resource conservation including monitoring invasive
plants and animals
(J) Enhancement of native rare plant resources
(K) Cultural uses
(L) Personal gathering
(M) Public use including traditional and customary rights of Native
Hawaiians
(N) Timber management
Threats:
(O) Habitat degradation due to rooting by feral ungulates
(P) Intrusion of ecosystem altering invasive plants
(Q) Changes in canopy cover due to plant disease
(R) Fire
Special management considerations (see Special Management
Considerations or Protection, in text above for additional detail):
(S) Feral ungulate control
(T Measures to control spread of invasive plants
(U) Fire management planning and wildfire response
Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae--Section 1 and Drosophila digressa--Unit 1
Section 1 and Drosophila digressa--Unit 1 consist of wet forest
ecosystem from [revaps][Omacr][revaps][omacr]kala to Maulua Nui on the
northeastern slope of Maunakea. Lands within this section and unit
include approximately 25 percent in Federal ownership, 65 percent in
State ownership, and 9 percent in private/other ownership (see table 3,
above). Section 1 is comprised of two units: Unit 3 is a critical
habitat unit within unit Hawaii 3 (see 50 CFR 17.99(k)(10) through
(14)), which was previously designated for other plant species; and
Unit 52 is a newly proposed critical habitat unit depicted on Map 119.
All State-owned lands in this section and unit are managed by the State
of Hawaii as part of the Hilo Forest Reserve Humu[revaps]ula,
Laup[amacr]hoehoe, and P[imacr]h[amacr] Sections; the Laup[amacr]hoehoe
Natural Area Reserve; and the Manowaiale[revaps]e Forest Reserve. All
Federal lands in this section and unit are managed by the Service
within Hakalau Forest National Wildlife Refuge, Hakalau Forest Unit.
For general land use, threats, and special management considerations or
protection measures to reduce or alleviate the threats identified
within this section and unit, see table 6, above (DLNR-DOFAW 2022,
entire; DLNR and USDA 2016, p. 4; Service 2010, pp. 1-13, 1-33-1-34;
Stewart 2010, entire). The State lands within this section and unit are
managed under the Laup[amacr]hoehoe Forest Management Plan (DLNR and
USDA 2016, entire) and the Mauna Kea Watershed Management Plan (Stewart
2010, entire). The Federal lands within this section and unit are
managed under the Hakalau Forest National Wildlife Refuge Comprehensive
Conservation Plan (Service 2010, pp. 2-20-2-40) and the Mauna Kea
Watershed Management Plan (Stewart 2010, entire).
Section 1 is occupied by the plants Cyanea tritomantha, Cyrtandra
wagneri, Melicope remyi, Phyllostegia floribunda, and Stenogyne
cranwelliae. This section and unit include the wet forest, the moisture
regime, and canopy, subcanopy, and understory native plant species
identified as the physical or biological features in the wet forest
ecosystem. Section 1 is important because it has the last remaining
areas inhabited by Cyrtandra wagneri and Melicope remyi, and one of the
last remaining areas inhabited by Cyanea tritomantha, Phyllostegia
floribunda, and Stenogyne cranwelliae, making it an essential area for
maintaining the redundancy and representation necessary for species'
conservation. Although Section 1 is not known to be occupied by the
plants Pittosporum hawaiiense and Schiedea diffusa ssp. macraei, and
Drosophila digressa--Unit 1 is not known to be occupied by Drosophila
digressa, this section and unit contain unoccupied habitat that is
essential for the conservation of these species because they (1) are
habitat for these species, (2) provide at least one the physical or
biological features essential for the conservation of each of these
species, and (3) contribute to the area of habitat needed to
reestablish wild populations within their range in support of recovery
criteria for each of these species. For recovery, each plant species
needs at least 10 populations, with at least 400 reproducing
individuals per population for Pittosporum hawaiiense and 500
reproducing individuals per population for Schiedea diffusa ssp.
macraei (Service 2022a, p. 43-44). Drosophila digressa needs at least
10 stable populations for recovery (Service 2022a, p. 49). Therefore,
we are reasonably certain that this section and unit will contribute to
the conservation of these species and that this section and unit
contain one or more of the physical or biological features that are
essential to the conservation of these species. Approximately 12,059 ac
(4,880 ha) of this section and unit overlap designated critical habitat
for the federally endangered plants Clermontia peleana, Cyanea
platyphylla, Cyrtandra giffardii, Cyrtandra tintinnabula, and
Phyllostegia warshaueri (see 68 FR 39624; July 2, 2003).
[[Page 18773]]
[GRAPHIC] [TIFF OMITTED] TP29MR23.021
Bidens hillebrandiana ssp. hillebrandiana--Section 2
Section 2 consists of coastal ecosystem from Polol[umacr] to
Laup[amacr]hoehoe Iki on the northeastern slope of Kohala Mountain.
Lands within this section include approximately 25 percent in State
ownership and 75 percent in private/other ownership (see table 3,
above). Section 2 is comprised of two units: Unit 6 is a critical
habitat unit within unit Hawaii 6 (see 50 CFR 17.99(k)(25)), which was
previously designated for another plant species; and Unit 53 is a newly
proposed critical habitat unit depicted on Map 120. All State-owned
lands in Section 2 are managed by the State of Hawaii as part of the
Polol[umacr] Section of the Kohala Forest Reserve and the Pu[revaps]u o
[revaps]Umi Natural Area Reserve. The State lands within this section
are managed under the Pu[revaps]u o [revaps]Umi Management Plan (DLNR-
DOFAW 1989, entire) and Kohala Mountain Watershed Management Plan Draft
(Kohala Watershed Partnership [KWP] 2007, entire). For general land
use, threats, and special management considerations or protection
measures to reduce or alleviate the threats identified within this
section, see table 6, above (DLNR-DOFAW 1989, entire; KWP 2007,
entire).
Section 2 is occupied by the plant Bidens hillebrandiana ssp.
hillebrandiana and includes the coastal habitat, the moisture regime,
and canopy, subcanopy, and understory native plant species identified
as the physical or biological features in the coastal ecosystem. This
section is especially important because it is the last remaining area
inhabited by the species, which makes it an important area for
maintaining the redundancy and representation necessary for species'
conservation. Approximately 2 ac (1 ha) of this section overlaps
designated critical habitat for the federally endangered plant
Nothocestrum breviflorum (see 68 FR 39624; July 2, 2003).
[[Page 18774]]
Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne
cranwelliae--Section 3
Section 3 consists of wet forest and wet grassland and shrubland
ecosystems from Kahua to Pu[revaps]ukapu on Kohala Mountain. Lands
within this section include approximately 88 percent in State ownership
and 12 percent in private/other ownership (see table 3, above). Section
3 is comprised of three units: Unit 8 and Unit 9 are critical habitat
units within unit Hawaii 8 and unit Hawaii 9 (see 50 CFR 17.99(k)(27)
through (38)), which were previously designated for other plant
species; and Unit 54 is a newly proposed critical habitat unit depicted
on Map 121. All State-owned lands in this section are managed by the
State of Hawaii as part of the Kohala Forest Reserve, Kohala Watershed
Forest Reserve, and Pu[revaps]u o [revaps]Umi Natural Area Reserve. The
State lands within this section are managed under the Pu[revaps]u o
[revaps]Umi Management Plan (DLNR-DOFAW 1989, entire) and the Kohala
Mountain Watershed Management Plan Draft (KWP 2007, entire). For
general land use, threats, and special management considerations or
protection measures to reduce or alleviate the threats identified
within this section, see table 6, above (DLNR-DOFAW 1989, entire; KWP
2007, entire).
Section 3 is occupied by the plants Cyanea tritomantha, Pittosporum
hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae,
and includes the wet forest and wet grassland and shrubland ecosystems,
the moisture regime, and canopy, subcanopy, and understory native plant
species identified as the physical or biological features in the wet
forest and wet grassland and shrubland ecosystems. Although Section 3
is not known to be occupied by Melicope remyi or Phyllostegia
floribunda, this section contains unoccupied habitat that is essential
for the conservation of these species because they (1) are habitat for
these species, (2) provide at least one the physical or biological
features essential for the conservation of each of these species, and
(3) contribute to the area of habitat needed to reestablish wild
populations within their range in support of recovery criteria for each
of these species. For recovery, each species needs at least 10
populations, with at least 200 reproducing individuals per population
for Melicope remyi and at least 500 reproducing individuals per
population for Phyllostegia floribunda (Service 2022a, p. 43-44).
Therefore, we are reasonably certain that this section will contribute
to the conservation of these species and that this section contains one
or more of the physical or biological features that are essential to
the conservation of these species. Approximately 6,938 ac (2,808 ha) of
this section overlaps designated critical habitat for the federally
endangered plants Clermontia drepanomorpha, Phyllostegia warshaueri,
and Achyranthes mutica (see 68 FR 39624; July 2, 2003); and for the
picture-wing fly Drosophila ochrobasis Units 3 (Kohala Mountains East)
and 4 (Kohala Mountains West) (see 50 CFR 17.95(i) and 73 FR 73795,
December 4, 2008).
Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 4 and
Drosophila digressa--Unit 7
Section 4 and Drosophila digressa--Unit 7 consist of wet forest
ecosystem from Kukuiopa[revaps]e to [revaps][Omacr]lelomoana on the
southwestern slopes of Mauna Loa. Lands within this section and unit
include approximately 89 percent in State ownership and 11 percent in
private/other ownership (see table 3, above). Section 4 is comprised of
two units: Unit 15 is a critical habitat unit within unit Hawaii 15
(see 50 CFR 17.99(k)(58) through (59)), which was previously designated
for another plant species; and Unit 39 is a newly proposed critical
habitat unit depicted on Map 108. All State-owned lands in this section
and unit are managed by the State of Hawaii as part of the South Kona
Forest Reserve Kukuiopa[revaps]e Section. The State lands within this
section and unit are managed under the Three Mountain Alliance
Management Plan (TMA 2007, entire). For general land use, threats, and
special management considerations or protection measures to reduce or
alleviate the threats identified within this section and unit, see
table 6, above (TMA 2007, pp. 26-37; DLNR-DOFAW 2022, entire).
Section 4 is occupied by the plants Cyanea marksii, Phyllostegia
floribunda, and Pittosporum hawaiiense. This section and unit include
the wet forest, the moisture regime, and canopy, subcanopy, and
understory native plant species identified as the physical or
biological features in the wet forest ecosystem. Although Section 4 is
not known to be occupied by the plants Schiedea diffusa ssp. macraei
and Stenogyne cranwelliae, and Drosophila digressa--Unit 7 is not known
to be occupied by Drosophila digressa, this section and unit contain
unoccupied habitat that is essential for the conservation of these
species because they (1) are habitat for these species, (2) provide at
least one the physical or biological features essential for the
conservation of each of these species, and (3) contribute to the area
of habitat needed to reestablish wild populations within their range in
support of recovery criteria for each of these species. For recovery,
Schiedea diffusa ssp. macraei needs at least 10 populations, with at
least 500 reproducing individuals per population, and Stenogyne
cranwelliae needs at least 20 populations, with at least 500
reproducing individuals per population (Service 2022a, p. 43-44).
Drosophila digressa needs at least 10 stable populations for recovery
(Service 2022a, p. 49). Therefore, we are reasonably certain that this
section and unit will contribute to the conservation of these species
and that this section and unit contain one or more of the physical or
biological features that are essential to the conservation of these
species. Approximately 182 ac (73 ha) of this section and unit overlap
designated critical habitat for the federally endangered plant Cyanea
stictophylla (68 FR 39624; July 2, 2003).
[[Page 18775]]
[GRAPHIC] [TIFF OMITTED] TP29MR23.022
Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 5 and
Drosophila digressa--Unit 8
Section 5 and Drosophila digressa--Unit 8 consist of wet forest
ecosystem in Ka[revaps]ohe on the southwestern slopes of Mauna Loa.
Lands within this section and unit include approximately 53 percent in
State ownership and 47 percent in private/other ownership (see table 3,
above). Section 5 is comprised of two units: Unit 15 is a critical
habitat unit within unit Hawaii 15 (see 50 CFR 17.99(k)(58) through
(59)), which was previously designated for another plant species; and
Unit 38 is a newly proposed critical habitat unit depicted on Map 107.
All State-owned lands in this section and unit are managed by the State
of Hawaii as part of the South Kona Forest Reserve, Ka[revaps]ohe
Section and Kukuiopa[revaps]e Section. The State lands within this
section and unit are managed under the Three Mountain Alliance
Management Plan (TMA 2007, pp. 47-50). For general land use, threats,
and special management considerations or protection measures to reduce
or alleviate the threats identified within this section and unit, see
table 6, above (DLNR-DOFAW 2022, entire; TMA 2007, pp. 26-37).
Section 5 is occupied by the plant Cyanea marksii. This section and
unit include the wet forest, the moisture regime, and canopy,
subcanopy, and understory native plant species identified as the
physical or biological features in the wet forest ecosystem. Although
Section 5 is not known to be occupied by the plants Phyllostegia
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and
Stenogyne cranwelliae, and Drosophila digressa--Unit 8 is not known to
be occupied by Drosophila digressa, this section and unit contain
unoccupied habitat that is essential for the conservation of these
species because they (1) are habitat for these species, (2) provide at
least one the physical or biological features essential for the
conservation of each of these species, and (3) contribute to the area
of habitat needed to reestablish wild populations within their range in
support of recovery criteria for each of these species. For recovery,
Phyllostegia floribunda, Pittosporum hawaiiense, and Schiedea diffusa
ssp. macraei each need at least 10 populations, with at least 500
reproducing individuals per population for Phyllostegia floribunda and
Schiedea diffusa ssp. macraei and at least 400 reproducing individuals
per population for Pittosporum hawaiiense (Service 2022a, p. 43-44).
For Stenogyne cranwelliae, at least 20 populations, each with at least
500 reproducing
[[Page 18776]]
individuals, are necessary for recovery (Service 2022a, p. 43-44).
Drosophila digressa needs at least 10 stable populations for recovery
(Service 2022a, p. 49). Therefore, we are reasonably certain that this
section and unit will contribute to the conservation of these species
and that this section and unit contain one or more of the physical or
biological features that are essential to the conservation of these
species. Approximately 127 ac (51 ha) of this section and unit overlap
designated critical habitat for the federally endangered plant Cyanea
stictophylla (68 FR 39624; July 2, 2003).
Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 6 and
Drosophila digressa--Unit 6
Section 6 and Drosophila digressa--Unit 6 consist of wet forest
ecosystem in K[imacr]p[amacr]hoehoe on the southwestern slopes of Mauna
Loa. Lands within this section and unit include approximately 99.7
percent in State ownership and 0.3 percent in private/other ownership
(see table 3, above). Section 6 is comprised of two units: Unit 16 is a
critical habitat unit within unit Hawaii 16 (see 50 CFR 17.99(k)(60)
through (61)), which was previously designated for another plant
species; and Unit 40 is a newly proposed critical habitat unit depicted
on Map 109. All State-owned lands in this section and unit are managed
by the State of Hawaii as part of the K[imacr]p[amacr]hoehoe Natural
Area Reserve. The State lands within this section and unit are managed
under the K[imacr]p[amacr]hoehoe Natural Area Reserve Management Plan
(DLNR-DOFAW 2002, entire) and the Three Mountain Alliance Management
Plan (TMA 2007, entire). For general land use, threats, and special
management considerations or protection measures to reduce or alleviate
the threats within this section and unit, see table 6, above (DLNR-
DOFAW 2002, entire).
Section 6 is occupied by the plants Cyanea marksii and Phyllostegia
floribunda. This section and unit include the wet forest, the moisture
regime, and canopy, subcanopy, and understory native plant species
identified as the physical or biological features in the wet forest
ecosystem. Although Section 6 is not known to be occupied by
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, or Stenogyne
cranwelliae, and Drosophila digressa--Unit 6 is not known to be
occupied by Drosophila digressa, this section and unit contain
unoccupied habitat that is essential for the conservation of these
species because they (1) are habitat for these species, (2) provide at
least one the physical or biological features essential for the
conservation of each of these species, and (3) contribute to the area
of habitat needed to reestablish wild populations within their range in
support of recovery criteria for each of these species. For recovery,
Pittosporum hawaiiense and Schiedea diffusa ssp. macraei each need at
least 10 populations, with at least 400 reproducing individuals per
population for Pittosporum hawaiiense and at least 500 reproducing
individuals per population for Schiedea diffusa ssp. macraei, and
Stenogyne cranwelliae needs at least 20 populations, each with at least
500 reproducing individuals (Service 2022a, p. 43-44). Drosophila
digressa needs at least 10 stable populations for recovery (Service
2022a, p. 49). Therefore, we are reasonably certain that this section
and unit will contribute to the conservation of these species and that
this section and unit contain one or more of the physical or biological
features that are essential to the conservation of these species.
Approximately 156 ac (63 ha) of this section and unit overlap
designated critical habitat for the federally endangered plant Cyanea
stictophylla (68 FR 39624; July 2, 2003).
Cyrtandra wagneri, Phyllostegia floribunda, Pittosporum hawaiiense--
Section 7
Section 7 consists of wet forest and wet grassland and shrubland
ecosystems from P[amacr]nau Nui to Kamoamoa on eastern slope of
K[imacr]lauea Volcano, entirely on Federal land (see table 3, above).
Section 7 is comprised of two units: Unit 23 is a critical habitat unit
within unit Hawaii 23 (see 50 CFR 17.99(k)(74) through (75)), which was
previously designated for another plant species; and Unit 45 is a newly
proposed critical habitat unit depicted on Map 114. Lands within this
section are entirely under Federal ownership managed by the National
Park Service within Hawai[revaps]i Volcanoes National Park. Federal
lands within this section are managed by the National Park Service
under the Hawai[revaps]i Volcanoes National Park General Management
Plan (National Park Service 2015, 2016, entire) and the Three Mountain
Alliance Management Plan (TMA 2007, entire). For general land use,
threats, and special management considerations or protection measures
to reduce or alleviate the threats within this section, see table 6,
above (National Park Service 2015, 2016, entire).
Section 7 is occupied by the plants Phyllostegia floribunda and
Pittosporum hawaiiense and includes the wet forest and wet grassland
and shrubland ecosystems, the moisture regime, and canopy, subcanopy,
and understory native plant species identified as the physical or
biological features in the wet forest and wet grassland and shrubland
ecosystems. Although Section 7 is not known to be occupied by Cyrtandra
wagneri, this section contains unoccupied habitat that is essential for
the conservation of this species because it (1) is habitat for this
species, (2) provides at least one the physical or biological features
essential for the conservation of this species, and (3) contributes to
the area of habitat needed to reestablish wild populations within its
range in support of recovery criteria. At least 10 populations, each
with at least 500 reproducing individuals are necessary for recovery of
Cyrtandra wagneri (Service 2022a, p. 43-44). Therefore, we are
reasonably certain that this section will contribute to the
conservation of this species and that this section contains one or more
of the physical or biological features that are essential to the
conservation of this species. Approximately 9 ac (4 ha) of this section
overlaps designated critical habitat for the federally endangered plant
Pleomele hawaiiensis (68 FR 39624; July 2, 2003).
Cyanea tritomantha, Cyrtandra wagneri, Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, Stenogyne cranwelliae--Section 8
Section 8 consists of wet and mesic forest ecosystems from
N[imacr]nole to P[amacr]hala on the southern slopes of Mauna Loa. Lands
within this section include approximately 27 percent in Federal
ownership, 66 percent in State ownership, and 8 percent in private/
other ownership (see table 3, above). Section 8 is comprised of two
units: Unit 24 is a critical habitat unit within unit Hawaii 24 (see 50
CFR 17.99(k)(76) through (81)), which was previously designated for
another plant species; and Unit 44 is a newly proposed critical habitat
unit depicted on Map 113. Federal lands in Section 8 are managed by the
National Park Service within the Hawai[revaps]i Volcanoes National Park
and in accordance with their Hawai[revaps]i Volcanoes National Park
General Management Plan (National Park Service 2015, 2016, entire). All
State-owned lands in this section are managed by the State of Hawaii,
are part of the Ka[revaps][umacr] Forest Reserve, and are managed under
the Ka[revaps][umacr] Forest Reserve Management Plan (DLNR-DOFAW 2012,
entire). For general land use, threats, and special management
considerations or protection measures to
[[Page 18777]]
reduce or alleviate the threats within Section 8, see table 6, above
(DLNR-DOFAW 2012, p. 3; TMA 2007, pp. 44-46).
Section 8 is occupied by the plants Cyanea tritomantha, Pittosporum
hawaiiense, and Schiedea diffusa ssp. macraei and includes the wet and
mesic forest, the moisture regime, and canopy, subcanopy, and
understory native plant species identified as the physical or
biological features in the wet and mesic forest ecosystems. Although
Section 8 is not known to be occupied by the plants Cyrtandra wagneri
or Stenogyne cranwelliae, this section contains unoccupied habitat that
is essential for the conservation of these species because it (1) is
habitat for these species, (2) provides at least one the physical or
biological features essential for the conservation of each of these
species, and (3) contributes to the area of habitat needed to
reestablish wild populations within their range in support of recovery
criteria for each of these species. For recovery, Cyrtandra wagneri
needs at least 10 populations, each with at least 500 reproducing
individuals, and Stenogyne cranwelliae needs at least 20 populations,
each with at least 500 reproducing individuals (Service 2022a, p. 43-
44). Therefore, we are reasonably certain that this section will
contribute to the conservation of these species and that this section
contains one or more of the physical or biological features that are
essential to the conservation of these species. Approximately 2,081 ac
(842 ha) of the section overlaps designated critical habitat for the
federally endangered plant Argyroxiphium kauense (68 FR 39624; July 2,
2003) and for the picture-wing fly Drosophila heteroneura Unit 1
(Ka[revaps][umacr] Forest) (see 50 CFR 17.95(i) and 73 FR 73795,
December 4, 2008).
[GRAPHIC] [TIFF OMITTED] TP29MR23.023
[[Page 18778]]
Cyrtandra wagneri, Pittosporum hawaiiense, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae--Section 9
Section 9 consists of wet and mesic forest ecosystems from
Wai[revaps][omacr]hinu to N[imacr]nole on the southern slopes of Mauna
Loa. Lands within this section include approximately 29 percent in
Federal ownership and 71 percent in State ownership (see table 3,
above). Section 9 is comprised of two units: Unit 24 is a critical
habitat unit within unit Hawaii 24 (see 50 CFR 17.99(k)(76) through
(81)), which was previously designated for another plant species; and
Unit 43 is a newly proposed critical habitat unit depicted on Map 112.
Federal lands in Section 9 are managed by the National Park Service
within the Hawai[revaps]i Volcanoes National Park and in accordance
with their Hawai[revaps]i Volcanoes National Park General Management
Plan (National Park Service 2015, 2016, entire). All State-owned lands
in this section are managed by the State of Hawaii, are part of the
Ka[revaps][umacr] Forest Reserve, and are managed under the
Ka[revaps][umacr] Forest Reserve Management Plan (DLNR-DOFAW 2012,
entire). For general land use, threats, and special management
considerations or protection measures to reduce or alleviate the
threats within this section, see table 6, above (TMA 2007, pp. 26-37;
DLNR-DOFAW 2012, pp. 1-3; DLNR 2017, pp. 3-5).
Section 9 is occupied by the plants Pittosporum hawaiiense and
Schiedea diffusa ssp. macraei and includes the wet and mesic forest,
the moisture regime, and canopy, subcanopy, and understory native plant
species identified as the physical or biological features in the wet
and mesic forest ecosystems. Although Section 9 is not known to be
occupied by Cyrtandra wagneri or Stenogyne cranwelliae, this section
contains unoccupied habitat that is essential for the conservation of
these species because it (1) is habitat for these species, (2) provides
at least one the physical or biological features essential for the
conservation of each of these species, and (3) contributes to the area
of habitat needed to reestablish wild populations within their range in
support of recovery criteria for each of these species. For recovery,
Cyrtandra wagneri needs at least 10 populations, each with at least 500
reproducing individuals, and Stenogyne cranwelliae needs at least 20
populations, each with at least 500 reproducing individuals (Service
2022a, p. 43-44). Therefore, we are reasonably certain that this
section will contribute to the conservation of these species and that
this section contains one or more of the physical or biological
features that are essential to the conservation of these species.
Approximately 101 ac (41 ha) of this section overlap designated
critical habitat for the federally endangered plant Argyroxiphium
kauense (68 FR 39624; July 2, 2003) and for the picture-wing fly
Drosophila ochrobasis Unit 5 (Upper Kahuku) (see 50 CFR 17.95(i) and 73
FR 73795, December 4, 2008).
Cyrtandra nanawaleensis, Cyrtandra wagneri, Phyllostegia floribunda--
Section 10
Section 10 consists of wet forest and wet grassland and shrubland
ecosystems from Kahauale[revaps]a to Wao Kele o Puna near the east rift
zone of Kilauea Volcano in the district of Puna. Lands within this
section include approximately 100 percent in State ownership and less
than 1 percent in private/other ownership (see table 3, above). Section
10 is comprised of two units: Unit 28 is a critical habitat unit within
unit Hawaii 28 (see 50 CFR 17.99(k)(89)), which was previously
designated for another plant species; and Unit 46 is a newly proposed
critical habitat unit depicted on Map 115. Lands within this section
are almost entirely under State ownership managed by the State of
Hawaii within the Kahauale[revaps]a Natural Area Reserve and the State
of Hawaii Office of Hawaiian Affairs within the Wao Kele o Puna Forest
Reserve. The State lands within this section are managed under the Wao
Kele o Puna Comprehensive Management Plan (Nalehualawaku[revaps]ulei
2017, entire) and the Three Mountain Alliance Management Plan (TMA
2007, entire). For general land use, threats, and special management
considerations or protection measures to reduce or alleviate the
threats within this section, see table 6, above (DLNR-DOFAW 2022,
entire; TMA 2007, pp. 26-37; Nalehualawaku[revaps]ulei 2017, entire).
Section 10 is occupied by the plants Cyrtandra nanawaleensis and
Phyllostegia floribunda and includes the wet forest and wet grassland
and shrubland, the moisture regime, and canopy, subcanopy, and
understory native plant species identified as the physical or
biological features in the wet forest and wet grassland and shrubland
ecosystems. Although Section 10 is not known to be occupied by
Cyrtandra wagneri, this section contains unoccupied habitat that is
essential for the conservation of this species because it (1) is
habitat for this species, (2) provides at least one the physical or
biological features essential for the conservation of this species, and
(3) contributes to the area of habitat needed to reestablish wild
populations within its range in support of recovery criteria. At least
10 populations, each with at least 500 reproducing individuals are
necessary for recovery of Cyrtandra wagneri (Service 2022a, p. 43-44).
Therefore, we are reasonably certain that this section will contribute
to the conservation of this species and that this section contains one
or more of the physical or biological features that are essential to
the conservation of this species. Approximately 155 ac (63 ha) of this
section overlaps designated critical habitat for the federally
endangered plant Adenophorus periens (68 FR 39624; July 2, 2003).
Cyanea tritomantha, Cyrtandra wagneri, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne
cranwelliae--Section 11 and Drosophila digressa--Unit 2
Section 11 and Drosophila digressa--Unit 2 consist of wet forest
ecosystem from [revaps]Ola[revaps]a to Upper Waiakea on the eastern
slope of Mauna Loa and partially on the northern slope of Kilauea
Volcano. Lands within this section and unit include approximately 25
percent in Federal ownership, 74 percent in State ownership, and 1
percent in private/other ownership (see table 3, above). Section 11 is
comprised of three units: Unit 29 and Unit 30 are critical habitat
units within unit Hawaii 29 and unit Hawaii 30 (see 50 CFR 17.99(k)(90)
through (103)), which were previously designated for other plant
species; and Unit 51 is a newly proposed critical habitat unit depicted
on Map 118. All State-owned lands in this section and unit are managed
by the State of Hawaii as part of the Hilo Forest Reserve Kukuau
Section, [revaps]Ola[revaps]a Forest Reserve Mountain View Section,
Upper Waiakea Forest Reserve, Waiakea Forest Reserve, Pu[revaps]u
Maka[revaps]ala Natural Area Reserve, and Waiakea 1942 Lava Flow
Natural Area Reserve. All Federal lands in this section and unit are
managed by the National Park Service within the Hawai[revaps]i
Volcanoes National Park. The State lands within this section and unit
are managed under the Pu[revaps]u Maka[revaps]ala Natural Area Reserve
Management Plan (DLNR-DOFAW 2013, entire) and the Three Mountain
Alliance's Management Plan (TMA 2007, entire). The Federal lands within
this section and unit are managed under the Hawai[revaps]i Volcanoes
National Park General Management Plan (National Park Service 2015,
2016, entire). For general land use, threats, and special management
considerations or protection measures to reduce or alleviate the
threats within this section and unit, see table 6 (National Park
[[Page 18779]]
Service 2015, 2016, entire; DLNR-DOFAW 2013, p. 21; DLNR-DOFAW 2022,
entire; TMA 2007, pp. 40-43).
Section 11 is occupied by the plants Cyanea tritomantha,
Phyllostegia floribunda, Pittosporum hawaiiense, and Schiedea diffusa
ssp. macraei, and Drosophila digressa--Unit 2 is occupied by the
picture-wing fly Drosophila digressa. This section and unit include the
wet forest, the moisture regime, and canopy, subcanopy, and understory
native plant species identified as the physical or biological features
in the wet forest ecosystem. Although Section 11 is not known to be
occupied by Cyrtandra wagneri or Stenogyne cranwelliae, this section
contains unoccupied habitat that is essential for the conservation of
these species because it (1) is habitat for these species, (2) provides
at least one the physical or biological features essential for the
conservation of each of these species, and (3) contributes to the area
of habitat needed to reestablish wild populations within their range in
support of recovery criteria for each of these species. For recovery,
Cyrtandra wagneri needs at least 10 populations, each with at least 500
reproducing individuals, and Stenogyne cranwelliae needs at least 20
populations, each with at least 500 reproducing individuals (Service
2022a, p. 43-44). Therefore, we are reasonably certain that this
section will contribute to the conservation of these species and that
this section contains one or more of the physical or biological
features that are essential to the conservation of these species.
Approximately 14,665 ac (5,935 ha) of this section and unit overlaps
designated critical habitat for the federally endangered plants
Clermontia peleana, Cyanea stictophylla, Cyrtandra giffardii,
Phyllostegia velutina, and Sicyos alba (68 FR 39624; July 2, 2003), and
for the picture-wing fly Drosophila mulli Unit 1 (Ola[revaps]a Forest)
and Unit 3 (Waiakea Forest) (see 50 CFR 17.95(i) and 73 FR 73795,
December 4, 2008).
Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 12 and
Drosophila digressa--Unit 9
Section 12 and Drosophila digressa--Unit 9 consist of wet forest
ecosystem in Ho[revaps]okena on the southwestern slopes of Mauna Loa.
Newly proposed critical habitat for Section 12 is entirely within
critical habitat Unit 37 depicted on Map 106 and includes approximately
100 percent Federal land with less than 1 ac (less than 1 ha) of land
that is privately owned or has other ownership (see table 3, above).
Lands within this section and unit are almost entirely managed by the
Service within Hakalau Forest National Wildlife Refuge's Kona Forest
Unit and in accordance with the Hakalau Forest National Wildlife Refuge
Comprehensive Conservation Plan (Service 2010, pp. 2-13-2-19, 2-33-2-
40). The State lands within this section and unit are managed under the
Three Mountain Alliance Management Plan (TMA 2007, pp. 47-50). For
general land use, threats, and special management considerations or
protection measures to reduce or alleviate the threats within this
section and unit, see table 6, above (Service 2010, entire; TMA 2007,
pp. 26-37).
Section 12 is occupied by the plant Cyanea marksii. This section
and unit include the wet forest, the moisture regime, and canopy,
subcanopy, and understory native plant species identified as the
physical or biological features in the wet forest ecosystem. Although
Section 12 is not known to be occupied by Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, or Stenogyne
cranwelliae, and Drosophila digressa--Unit 9 is not known to be
occupied by Drosophila digressa, this section and unit contain
unoccupied habitat that is essential for the conservation of these
species because they (1) are habitat for these species, (2) provide at
least one the physical or biological features essential for the
conservation of each of these species, and (3) contribute to the area
of habitat needed to reestablish wild populations within their range in
support of recovery criteria for each of these species. For recovery,
Phyllostegia floribunda and Schiedea diffusa ssp. macraei each need at
least 10 populations, with at least 500 reproducing individuals per
population; Pittosporum hawaiiense needs at least 10 populations, each
with at least 400 reproducing individuals; and Stenogyne cranwelliae
needs at least 20 populations, each with at least 500 reproducing
individuals (Service 2022a, p. 43-44). For (Service 2022a, p. 43-44).
Drosophila digressa needs at least 10 stable populations for recovery
(Service 2022a, p. 49). Therefore, we are reasonably certain that this
section and unit will contribute to the conservation of these species
and that this section and unit contain one or more of the physical or
biological features that are essential to the conservation of these
species. Approximately 1,482 ac (600 ha) of this section and unit
overlap designated critical habitat for the picture-wing fly Drosophila
heteroneura Unit 2 (Kona Refuge) (see 50 CFR 17.95(i) and 73 FR 73795,
December 4, 2008).
Drosophila digressa--Unit 4
Drosophila digressa--Unit 4 consists of mesic forest ecosystem at
Manuka on the southern slopes of Mauna Loa, with 100 percent of lands
in State ownership (see table 3, above). All State-owned lands in this
unit are managed by the State of Hawaii as part of the Manuka Natural
Area Reserve, under the Manuka Natural Area Reserve Draft Management
Plan (DLNR-DOFAW 1992, entire) and the Three Mountain Alliance
Management Plan (TMA 2007, entire). For general land use, threats, and
special management considerations or protection measures to reduce or
alleviate the threats within this unit, see table 6, above (DLNR-DOFAW
1992, entire).
Drosophila digressa--Unit 4 is occupied by the picture-wing fly
Drosophila digressa and includes the mesic forest, the moisture regime,
and canopy, subcanopy, and understory native plant species identified
as the physical or biological features in the mesic forest ecosystem.
This entire unit (167 ac, 67 ha) overlaps designated critical habitat
(50 CFR 17.99(k)(64) through (69)) for the federally endangered plants
Colubrina oppositifolia, Diellia erecta (now listed as Asplenium
dielerectum), Flueggea neowawraea, Gouania vitifolia, Neraudia ovata,
and Pleomele hawaiiensis (68 FR 39624; July 2, 2003).
Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 13 and
Drosophila digressa--Unit 5
Section 13 and Drosophila digressa--Unit 5 consist of wet forest
ecosystem from Kipahoehoe to Honomalino on the southwestern slopes of
Mauna Loa. Lands within this section and unit include approximately 12
percent in State ownership and 88 percent in private/other ownership
(see table 3, above). Newly proposed critical habitat for Section 13 is
entirely within critical habitat Unit 41 depicted on Map 110. All
State-owned lands in this section and unit are managed by the State of
Hawaii as part of the Kipahoehoe Natural Area Reserve and South Kona
Forest Reserve Kapua-Manuka Section. Some private lands are owned by
The Nature Conservancy, within the Kona Hema Preserve. The State lands
within this section and unit are managed under the Kipahoehoe Natural
Area Reserve Management Plan (DLNR-DOFAW 2002, entire) and the Three
Mountain Alliance Management Plan (TMA 2007, entire). The Nature
Conservancy's land is managed under the Forest
[[Page 18780]]
Stewardship Management Plan for the Kona Hema Preserve (Giffin 2017,
entire). For general land use, threats, and special management
considerations or protection measures to reduce or alleviate the
threats within this section and unit, see table 6, above (DLNR-DOFAW
2002, entire).
Section 13 is occupied by the plants Cyanea marksii, Phyllostegia
floribunda, and Pittosporum hawaiiense. This section and unit include
the wet forest, the moisture regime, and canopy, subcanopy, and
understory native plant species identified as the physical or
biological features in the wet forest ecosystem. Although Section 13 is
not known to be occupied by Schiedea diffusa ssp. macraei and Stenogyne
cranwelliae, and Drosophila digressa--Unit 5 is not known to be
occupied by Drosophila digressa, this section and unit contains
unoccupied habitat that is essential for the conservation of these
species because they (1) are habitat for these species, (2) provide at
least one the physical or biological features essential for the
conservation of each of these species, and (3) contribute to the area
of habitat needed to reestablish wild populations within their range in
support of recovery criteria for each of these species. For recovery,
Schiedea diffusa ssp. macraei needs at least 10 populations, each with
at least 500 reproducing individuals, and Stenogyne cranwelliae needs
at least 20 populations, each with at least 500 reproducing individuals
(Service 2022a, p. 43-44). Drosophila digressa needs at least 10 stable
populations for recovery (Service 2022a, p. 49). Therefore, we are
reasonably certain that this section and unit will contribute to the
conservation of these species and that this section and unit contain
one or more of the physical or biological features that are essential
to the conservation of these species. There is no critical habitat for
other endangered or threatened species within this section and unit.
Cyanea tritomantha, Cyrtandra wagneri, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne
cranwelliae--Section 14 and Drosophila digressa--Unit 3
Section 14 and Drosophila digressa--Unit 3 are entirely overlapping
and consist of wet and mesic forest ecosystems at Kahuku on the
southern slopes of Mauna Loa. Newly proposed critical habitat for
Section 14 is comprised of a single unit of newly proposed critical
habitat, Unit 42 depicted on Map 111. Lands within this section and
unit include approximately 100 percent in Federal ownership and less
than 1 percent in State ownership (see table 3, above). Federal lands
are managed by the National Park Service within the Hawai[revaps]i
Volcanoes National Park in accordance with the Hawai[revaps]i Volcanoes
National Park General Management Plan (National Park Service 2015,
2016, entire). All State-owned lands in this section and unit are
managed by the State of Hawaii, are part of the Ka[revaps][umacr]
Forest Reserve, and are managed under the Ka[revaps][umacr] Forest
Reserve Management Plan (DLNR-DOFAW 2012, entire). For general land
use, threats, and special management considerations or protection
measures to reduce or alleviate the threats within this section and
unit, see table 6, above (TMA 2007, pp. 26-37; DLNR-DOFAW 2012, pp. 1-
3; DLNR 2017, pp. 3-5).
Section 14 is occupied by the plants Pittosporum hawaiiense and
Schiedea diffusa ssp. macraei. This section and unit include the wet
and mesic forest, the moisture regime, and canopy, subcanopy, and
understory native plant species identified as the physical or
biological features in the wet and mesic forest ecosystems. Although
Section 14 is not known to be occupied by the plants Cyanea
tritomantha, Cyrtandra wagneri, Phyllostegia floribunda, or Stenogyne
cranwelliae, or by the picture-wing fly Drosophila digressa in
Drosophila digressa--Unit 3, this section and unit contain unoccupied
habitat that is essential for the conservation of these species because
they (1) are habitat for these species, (2) provide at least one the
physical or biological features essential for the conservation of each
of these species, and (3) contribute to the area of habitat needed to
reestablish wild populations within their range in support of recovery
criteria for each of these species. For recovery, Cyanea tritomantha,
Cyrtandra wagneri, and Phyllostegia floribunda each need at least 10
populations, with at least 500 reproducing individuals per population,
and Stenogyne cranwelliae needs at least 20 populations, each with at
least 500 reproducing individuals (Service 2022a, p. 43-44). Drosophila
digressa needs at least 10 stable populations for recovery (Service
2022a, p. 49). Therefore, we are reasonably certain that this section
and unit will contribute to the conservation of these species and that
this section and unit contain one or more of the physical or biological
features that are essential to the conservation of these species.
Approximately 681 ac (275 ha) of this section and unit overlap
designated critical habitat for the picture-wing fly Drosophila
heteroneura Unit 3 (Lower Kahuku) (see 50 CFR 17.95(i) and 73 FR 73795,
December 4, 2008).
Cyrtandra nanawaleensis--Section 15
Section 15 consists of wet forest ecosystem at
Kam[amacr][revaps]ili near the east rift zone of K[imacr]lauea Volcano
in the district of Puna. Lands within this section are entirely under
State ownership managed by the State of Hawaii within the
Keau[revaps]ohana Forest Reserve (see table 3, above). Section 15 is
comprised of one unit: Unit 47, which is a newly proposed critical
habitat unit depicted on Map 116. The State lands within this section
are managed under the Three Mountain Alliance's Management Plan (TMA
2007, entire). For general land use, threats, and special management
considerations or protection measures to reduce or alleviate the
threats within this section, see table 6, above (DLNR-DOFAW 2022,
entire; TMA 2007, pp. 40-43).
Section 15 is occupied by the plant Cyrtandra nanawaleensis and
includes the wet forest, the moisture regime, and canopy, subcanopy,
and understory native plant species identified as the physical or
biological features in the wet forest ecosystem. There is no critical
habitat for other endangered or threatened species within the section.
Cyrtandra nanawaleensis--Section 16
Section 16 consists of wet forest ecosystem in P[amacr]hoa near the
east rift zone of K[imacr]lauea Volcano in the district of Puna. Lands
within this section include approximately 99 percent under State
ownership and 1 percent in private/other ownership (see table 3,
above). Section 16 is comprised of one unit: Unit 48, which is a newly
proposed critical habitat unit depicted on Map 116. All State-owned
lands in this section are managed by the State of Hawaii as part of the
N[amacr]n[amacr]wale Forest Reserve, under the Three Mountain
Alliance's Management Plan (TMA 2007, entire). For general land use,
threats, and special management considerations or protection measures
to reduce or alleviate the threats within this section, see table 6,
above (DLNR-DOFAW 2022, entire; TMA 2007, pp. 40-43).
Section 16 is occupied by the plant Cyrtandra nanawaleensis and
includes the wet forest, the moisture regime, and canopy, subcanopy,
and understory native plant species identified as the physical or
biological features in the wet forest ecosystem. There is no critical
habitat for other endangered or threatened species within the section.
[[Page 18781]]
Cyrtandra nanawaleensis--Section 17
Section 17 consists of wet and mesic forest and mesic grassland and
shrubland ecosystems at Malama-K[imacr] near the east rift zone of
K[imacr]lauea Volcano in the district of Puna. Lands within this
section include approximately 99 percent under State ownership and 1
percent in private/other ownership (see table 3, above). Section 17 is
comprised of one unit: Unit 49, which is a newly proposed critical
habitat unit depicted on Map 117. State-owned lands within this section
are managed by the State of Hawaii within the Malama-K[imacr] Forest
Reserve, under the Three Mountain Alliance's Management Plan (TMA 2007,
entire). For general land use, threats, and special management
considerations or protection measures to reduce or alleviate the
threats within this section, see table 6, above (DLNR-DOFAW 2022,
entire; TMA 2007, pp. 40-43).
Section 17 is occupied by the plant Cyrtandra nanawaleensis and
includes the wet forest, mesic forest, and mesic grassland and
shrubland; the moisture regime; and canopy, subcanopy, and understory
native plant species identified as the physical or biological features
in the wet forest, mesic forest, and mesic grassland and shrubland
ecosystems. There is no critical habitat for other endangered or
threatened species within the section.
Cyrtandra nanawaleensis--Section 18
Section 18 consists of wet and mesic forest and mesic grassland and
shrubland ecosystems at Kapoho near the east rift zone of K[imacr]lauea
Volcano in the district of Puna. Lands within this section include
approximately 99 percent under State ownership and 1 percent in
private/other ownership (see table 3, above). Section 18 is comprised
of one unit: Unit 50, which is a newly proposed critical habitat unit
depicted on Map 117. State-owned lands within this section are managed
by the State of Hawaii within the N[amacr]n[amacr]wale Forest Reserve
Halepua[revaps]a section, under the Three Mountain Alliance's
Management Plan (TMA 2007, entire). For general land use, threats, and
special management considerations or protection measures to reduce or
alleviate the threats within this section, see table 6, above (DLNR-
DOFAW 2022, entire; TMA 2007, pp. 40-43).
Section 18 is occupied by the plant Cyrtandra nanawaleensis and
includes the wet forest, mesic forest, and mesic grassland and
shrubland; the moisture regime; and canopy, subcanopy, and understory
native plant species identified as the physical or biological features
in the wet forest, mesic forest, and mesic grassland and shrubland
ecosystems. There is no critical habitat for other endangered or
threatened species within the section.
Schiedea hawaiiensis--Section 19
Section 19 consists of dry forest ecosystems adjacent to the
P[omacr]hakuloa Training Area in the saddle of Maunakea, Mauna Loa, and
Hual[amacr]lai. Lands within this section are entirely in State
ownership (see table 3, above). Proposed critical habitat for Section
19 is entirely within proposed critical habitat Unit 55 depicted on Map
122. The State-owned lands in this section include the Pu[revaps]u
Anahulu Game Management Area and are managed under the Mauna Kea
Watershed Management Plan (Stewart 2010, entire) and the Three Mountain
Alliance Management Plan (TMA 2007, entire). For general land use,
threats, and special management considerations or protection measures
to reduce or alleviate the threats within this section, see table 6,
above (DLNR-DOFAW 2015, entire; TMA 2007, pp. 51-55).
Section 19 is not known to be occupied by Schiedea hawaiiensis, but
this section includes the dry forest, the moisture regime, and canopy,
subcanopy, and understory native plant species identified as the
physical or biological features in the dry forest ecosystems. This
section also provides an area for potential population establishment,
which is essential for the conservation of Schiedea hawaiiensis because
10 populations are identified as part of the recovery criteria, but
only 1 wild population and 3 reintroduced populations are extant.
Although Section 19 contains unoccupied habitat for Schiedea
hawaiiensis, we have determined this area is essential for the
conservation of this species because it (1) is habitat for this
species, (2) provides at least one the physical or biological features
essential for the conservation of this species, and (3) contributes to
the area of habitat needed to reestablish wild populations within its
range in support of recovery criteria. At least 10 populations, each
with at least 500 reproducing individuals for, are necessary for
recovery (Service 2022a, p. 43-44). Therefore, we are reasonably
certain that this section will contribute to the conservation of this
species and that this section contains one or more of the physical or
biological features that are essential to the conservation of this
species. Section 19 does not overlap with existing critical habitat for
other listed species.
Effects of Critical Habitat Designation
Section 7 Consultation
Section 7(a)(2) of the Act requires Federal agencies, including the
Service, to ensure that any action they fund, authorize, or carry out
is not likely to jeopardize the continued existence of any endangered
species or threatened species or result in the destruction or adverse
modification of designated critical habitat of such species. In
addition, section 7(a)(4) of the Act requires Federal agencies to
confer with the Service on any agency action which is likely to
jeopardize the continued existence of any species proposed to be listed
under the Act or result in the destruction or adverse modification of
proposed critical habitat.
We published a final rule revising the definition of destruction or
adverse modification on August 27, 2019 (84 FR 44976). Destruction or
adverse modification means a direct or indirect alteration that
appreciably diminishes the value of critical habitat as a whole for the
conservation of a listed species.
If a Federal action may affect a listed species or its critical
habitat, the responsible Federal agency (action agency) must enter into
consultation with us. Examples of actions that are subject to the
section 7 consultation process are actions on State, Tribal, local, or
private lands that require a Federal permit ((such as a permit from the
U.S. Army Corps of Engineers under section 404 of the Clean Water Act
(33 U.S.C. 1251 et seq.) or a permit from the Service under section 10
of the Act)) or that involve some other Federal action (such as funding
from the Federal Highway Administration, Federal Aviation
Administration, or the Federal Emergency Management Agency). Federal
actions not affecting listed species or critical habitat--and actions
on State, Tribal, local, or private lands that are not federally
funded, authorized, or carried out by a Federal agency--do not require
section 7 consultation.
Compliance with the requirements of section 7(a)(2) is documented
through our issuance of:
(1) A concurrence letter for Federal actions that may affect, but
are not likely to adversely affect, listed species or critical habitat;
or
(2) A biological opinion for Federal actions that may affect, and
are likely to adversely affect, listed species or critical habitat.
When we issue a biological opinion concluding that a project is
likely to jeopardize the continued existence of a listed species and/or
destroy or adversely modify critical habitat, we
[[Page 18782]]
provide reasonable and prudent alternatives to the project, if any are
identifiable, that would avoid the likelihood of jeopardy and/or
destruction or adverse modification of critical habitat. We define
``reasonable and prudent alternatives'' (at 50 CFR 402.02) as
alternative actions identified during consultation that:
(1) Can be implemented in a manner consistent with the intended
purpose of the action,
(2) Can be implemented consistent with the scope of the Federal
agency's legal authority and jurisdiction,
(3) Are economically and technologically feasible, and
(4) Would, in the Service Director's opinion, avoid the likelihood
of jeopardizing the continued existence of the listed species and/or
avoid the likelihood of destroying or adversely modifying critical
habitat.
Reasonable and prudent alternatives can vary from slight project
modifications to extensive redesign or relocation of the project. Costs
associated with implementing a reasonable and prudent alternative are
similarly variable.
Regulations at 50 CFR 402.16 set forth requirements for Federal
agencies to reinitiate consultation on previously reviewed actions.
These requirements apply when the Federal agency has retained
discretionary involvement or control over the action (or the agency's
discretionary involvement or control is authorized by law) and,
subsequent to the previous consultation: (a) if the amount or extent of
taking specified in the incidental take statement is exceeded; (b) if
new information reveals effects of the action that may affect listed
species or critical habitat in a manner or to an extent not previously
considered; (c) if the identified action is subsequently modified in a
manner that causes an effect to the listed species or critical habitat
that was not considered in the biological opinion or written
concurrence; or (d) if a new species is listed or critical habitat
designated that may be affected by the identified action.
In such situations, Federal agencies sometimes may need to request
reinitiation of consultation with us, but Congress also enacted some
exceptions in 2018 to the requirement to reinitiate consultation on
certain land management plans on the basis of a new species listing or
new designation of critical habitat that may be affected by the subject
federal action. See 2018 Consolidated Appropriations Act, Public Law
115-141, Div, O, 132 Stat. 1059 (2018).
Application of the ``Destruction or Adverse Modification'' Standard
The key factor related to the destruction or adverse modification
determination is whether implementation of the proposed Federal action
directly or indirectly alters the designated critical habitat in a way
that appreciably diminishes the value of the critical habitat as a
whole for the conservation of the listed species. As discussed above,
the role of critical habitat is to support physical or biological
features essential to the conservation of a listed species and provide
for the conservation of the species.
Section 4(b)(8) of the Act requires us to briefly evaluate and
describe, in any proposed or final regulation that designates critical
habitat, activities involving a Federal action that may violate section
7(a)(2) of the Act by destroying or adversely modifying such habitat,
or that may be affected by such designation.
Activities that the Service may, during a consultation under
section 7(a)(2) of the Act, consider likely to destroy or adversely
modify critical habitat include, but are not limited to, Federal
actions that result in the removal or significant modification of
designated critical habitat, or that would pose a risk of fire. Such
activities could include, but are not limited to, military training
activities with potential to cause wildland fires. We anticipate that
most Federal activities that may cause effects to critical habitat will
also cause effects to the listed species, and as such we will already
be in consultation with the Federal agency as to whether or not the
activity jeopardizes the listed species. The exception is the one area
proposed for critical habitat designation that is presently unoccupied
by any of the listed species, Section 19, which is proposed for
designation for Schiedea hawaiiensis. There, as there is not already a
section 7 consultation nexus, the effects of a Federal proposed action
that could remove physical or biological features essential to the
conservation of the species--specifically, the associated native plant
genera that are part of a functioning ecosystem in which S. hawaiiensis
occurs or has historically occurred--would trigger section 7(a)(2)
consultation because of the critical habitat designation. Within
occupied areas, we do not anticipate recommending any project
modifications to avoid destruction or adverse modification of critical
habitat that would be different from those for avoiding jeopardy.
Exemptions
Application of Section 4(a)(3) of the Act
The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a)
required each military installation that includes land and water
suitable for the conservation and management of natural resources to
complete an integrated natural resources management plan (INRMP) by
November 17, 2001. An INRMP integrates implementation of the military
mission of the installation with stewardship of the natural resources
found on the base. Each INRMP includes:
(1) An assessment of the ecological needs on the installation,
including the need to provide for the conservation of listed species;
(2) A statement of goals and priorities;
(3) A detailed description of management actions to be implemented
to provide for these ecological needs; and
(4) A monitoring and adaptive management plan.
Among other things, each INRMP must, to the extent appropriate and
applicable, provide for fish and wildlife management; fish and wildlife
habitat enhancement or modification; wetland protection, enhancement,
and restoration where necessary to support fish and wildlife; and
enforcement of applicable natural resource laws.
The National Defense Authorization Act for Fiscal Year 2004 (Pub.
L. 108-136) amended the Act to limit areas eligible for designation as
critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16
U.S.C. 1533(a)(3)(B)(i)) provides that the Secretary shall not
designate as critical habitat any lands or other geographical areas
owned or controlled by the Department of Defense (DoD), or designated
for its use, that are subject to an INRMP prepared under section 101 of
the Sikes Act (16 U.S.C. 670a), if the Secretary determines in writing
that such plan provides a benefit to the species for which critical
habitat is proposed for designation.
We consult with the military on the development and implementation
of INRMPs for installations with listed species. Schiedea hawaiiensis
is the only species with an INRMP located within the range of its
proposed critical habitat designation. The following area is DoD lands
with a completed, Service-approved INRMP within the proposed critical
habitat designation.
[[Page 18783]]
Approved INRMPs
P[omacr]hakuloa Training Area, 132,193 ac (53,497 ha)
P[omacr]hakuloa Training Area (PTA) is the sole installation under
DoD jurisdiction on the island of Hawai[revaps]i. PTA is located in the
north-central portion on the island of Hawai[revaps]i, west of the
Humu[revaps]ula Saddle, in an area formed by the convergence of three
volcanic mountains: Mauna Kea, Mauna Loa, and Hual[amacr]lai. The PTA
INRMP provides for wildlife management and habitat enhancement for four
federally listed animal species and 20 federally listed plant species,
including Schiedea hawaiiensis, found within PTA (PTA 2020, entire).
The current INRMP provides specific protections for S. hawaiiensis.
Conservation actions to benefit S. hawaiiensis include collection and
storage of seed from both wild and cultivated plants, propagation of
plants from seed that are planted into suitable habitat off site, and
quarterly monitoring of plants to gauge the efficacy of management
actions. All known wild S. hawaiiensis individuals are protected in
fenced enclosures and are monitored at least annually. Seeds from wild
and propagated S. hawaiiensis plants have been collected and stored,
and hundreds of propagated S. hawaiiensis individuals have been
outplanted at PTA and in protected, off-site native habitats. With
partnering agencies, PTA constructed 15 fenced units encompassing all
known wild individuals of S. hawaiiensis in addition to other high-
priority species. Combined, these units protect roughly 37,300 ac
(15,095 ha) of predominantly native forest from ungulates. Invasive
plants and rodents are also managed within these areas. The INRMP
incorporates recommendations made in a 2008 biological opinion to
reduce fire risk. For example, wildland fires caused by military
training activities are minimized by managing vegetation along a system
of fuel breaks and by controlling invasive grasses, which function as
fine fuels, in buffers around S. hawaiiensis and other listed species.
Based on the above considerations, and in accordance with section
4(a)(3)(B)(i) of the Act, we have determined that the identified lands
are subject to the PTA INRMP and that conservation efforts identified
in the INRMP will provide a conservation benefit to S. hawaiiensis.
Therefore, lands within this installation are exempt from critical
habitat designation under section 4(a)(3) of the Act. We are not
including approximately 22,730 ac (9,198 ha) of S. hawaiiensis habitat
in this proposed critical habitat designation because of this
exemption.
Consideration of Impacts Under Section 4(b)(2) of the Act
Section 4(b)(2) of the Act states that the Secretary shall
designate and make revisions to critical habitat on the basis of the
best available scientific data after taking into consideration the
economic impact, national security impact, and any other relevant
impact of specifying any particular area as critical habitat. The
Secretary may exclude an area from designated critical habitat based on
economic impacts, impacts on national security, or any other relevant
impacts. Exclusion decisions are governed by the regulations at 50 CFR
424.19 and the Policy Regarding Implementation of Section 4(b)(2) of
the Endangered Species Act (hereafter, the ``2016 Policy''; 81 FR 7226,
February 11, 2016), both of which were developed jointly with the
National Marine Fisheries Service (NMFS). We also refer to a 2008
Department of the Interior Solicitor's opinion entitled ``The
Secretary's Authority to Exclude Areas from a Critical Habitat
Designation under Section 4(b)(2) of the Endangered Species Act'' (M-
37016). In a final rule, we explain each decision to exclude areas, as
well as decisions not to exclude, to demonstrate that the decision is
reasonable. Below, we provide information on the areas we are
considering for exclusion.
In considering whether to exclude a particular area from the
designation, we identify the benefits of including the area in the
designation, identify the benefits of excluding the area from the
designation, and evaluate whether the benefits of exclusion outweigh
the benefits of inclusion. If the analysis indicates that the benefits
of exclusion outweigh the benefits of inclusion, the Secretary may
exercise discretion to exclude the area only if such exclusion would
not result in the extinction of the species. In making the
determination to exclude a particular area, the statute on its face, as
well as the legislative history, are clear that the Secretary has broad
discretion regarding which factor(s) to use and how much weight to give
to any factor. We describe below the process that we are taking to
consider each category of impacts and our analyses of the relevant
impacts.
Consideration of Economic Impacts
Section 4(b)(2) of the Act and its implementing regulations require
that we consider the economic impact that may result from a designation
of critical habitat. To assess the probable economic impacts of a
designation, we must first evaluate specific land uses or activities
and projects that may occur in the area of the critical habitat. We
then must evaluate the impacts that a specific critical habitat
designation may have on restricting or modifying specific land uses or
activities for the benefit of the species and its habitat within the
areas proposed. We then identify which conservation efforts may be the
result of the species being listed under the Act versus those
attributed solely to the designation of critical habitat for the
particular species. The probable economic impact of a proposed critical
habitat designation is analyzed by comparing scenarios both ``with
critical habitat'' and ``without critical habitat.''
The ``without critical habitat'' scenario represents the baseline
for the analysis, which includes the existing regulatory and socio-
economic burden imposed on landowners, managers, or other resource
users potentially affected by the designation of critical habitat
(e.g., under the Federal listing as well as other Federal, State, and
local regulations). Therefore, the baseline represents the costs of all
efforts attributable to the listing of the species under the Act (i.e.,
conservation of the species and its habitat incurred regardless of
whether critical habitat is designated). The ``with critical habitat''
scenario describes the incremental impacts associated specifically with
the designation of critical habitat for the species. The incremental
conservation efforts and associated impacts would not be expected
without the designation of critical habitat for the species. In other
words, the incremental costs are those attributable solely to the
designation of critical habitat, above and beyond the baseline costs.
These are the costs we use when evaluating the benefits of inclusion
and exclusion of particular areas from the final designation of
critical habitat should we choose to conduct a discretionary 4(b)(2)
exclusion analysis.
Executive Orders (E.O.s) 12866 and 13563 direct Federal agencies to
assess the costs and benefits of available regulatory alternatives in
quantitative (to the extent feasible) and qualitative terms. Consistent
with the E.O. regulatory analysis requirements, our effects analysis
under the Act may take into consideration impacts to both directly and
indirectly affected entities, where practicable and reasonable. If
sufficient data are available, we assess to the extent practicable the
probable impacts to both directly and indirectly affected entities.
Section 3(f) of E.O. 12866 identifies four criteria for when a
regulation is considered a ``significant'' rulemaking, and requires
additional
[[Page 18784]]
analysis, review, and approval if met. The criterion relevant here is
whether the designation of critical habitat may have an economic effect
of $100 million or more in any given year (section 3(f)(1)). Therefore,
our consideration of economic impacts uses a screening analysis to
assess whether a designation of critical habitat for the 12
Hawai[revaps]i species is likely to exceed the economically significant
threshold.
For this particular designation, we developed an incremental
effects memorandum (IEM) considering the probable incremental economic
impacts that may result from this proposed designation of critical
habitat. The information contained in our IEM was then used to develop
a screening analysis of the probable effects of the designation of
critical habitat for the 12 Hawai[revaps]i species (Industrial
Economics, Incorporated 2022). We began by conducting a screening
analysis of the proposed designation of critical habitat in order to
focus our analysis on the key factors that are likely to result in
incremental economic impacts. The purpose of the screening analysis is
to filter out particular geographic areas of critical habitat that are
already subject to such protections and are, therefore, unlikely to
incur incremental economic impacts. In particular, the screening
analysis considers baseline costs (i.e., absent critical habitat
designation) and includes any probable incremental economic impacts
where land and water use may already be subject to conservation plans,
land management plans, best management practices, or regulations that
protect the habitat area as a result of the Federal listing status of
the species. Ultimately, the screening analysis allows us to focus our
analysis on evaluating the specific areas or sectors that may incur
probable incremental economic impacts as a result of the designation.
The presence of the listed species in occupied areas of critical
habitat means that any destruction or adverse modification of those
areas is also likely to jeopardize the continued existence of the
species. Therefore, designating occupied areas as critical habitat
typically causes little if any incremental impacts above and beyond the
impacts of listing the species. Therefore, the screening analysis
focuses on areas of unoccupied critical habitat. If there are any
unoccupied units in the proposed critical habitat designation, the
screening analysis assesses whether any additional management or
conservation efforts may incur incremental economic impacts. This
screening analysis combined with the information contained in our IEM
constitute what we consider to be our draft economic analysis (DEA) of
the proposed critical habitat designation for the 12 Hawai[revaps]i
Island species; our DEA is summarized in the narrative below.
As part of our screening analysis, we considered the types of
economic activities that are likely to occur within the areas likely
affected by the critical habitat designation. In our evaluation of the
probable incremental economic impacts that may result from the proposed
designation of critical habitat for the 12 Hawai[revaps]i Island
species, first we identified, in the IEM dated November 20, 2022,
probable incremental economic impacts associated with conservation
activities with a Federal nexus that aim to enhance survival or
recovery of any of the 12 Hawai[revaps]i Island species. We considered
the Federal involvement in these activities. Critical habitat
designation generally will not affect activities that do not have any
Federal involvement; under the Act, designation of critical habitat
only affects activities conducted, funded, permitted, or authorized by
Federal agencies. In areas where any of these 12 species are present,
Federal agencies would be required to consult with the Service under
section 7 of the Act on activities they fund, permit, or implement that
may affect the species. If we also finalize this proposed critical
habitat designation, Federal agencies would be required to consider the
effects of their actions on the designated habitat, and if the Federal
action may affect critical habitat, our consultations would include an
evaluation of measures to avoid the destruction or adverse modification
of critical habitat.
In our IEM, we attempted to clarify the distinction between the
effects that would result from the species being listed and those
attributable to the critical habitat designation (i.e., difference
between the jeopardy and adverse modification standards). The following
specific circumstances in this case help to inform our evaluation: (1)
The essential physical or biological features identified for critical
habitat are the same features essential for the life requisites of the
species, and (2) any actions that would likely adversely affect the
essential physical or biological features of occupied critical habitat
are also likely to adversely affect any one of the 12 Hawai[revaps]i
Island species. The IEM outlines our rationale concerning this limited
distinction between baseline conservation efforts and incremental
impacts of the designation of critical habitat for these species. This
evaluation of the incremental effects has been used as the basis to
evaluate the probable incremental economic impacts of this proposed
designation of critical habitat.
The proposed critical habitat designation for the 12 Hawai[revaps]i
Island species includes 20 distinct areas, subdivided into 40 units,
totaling approximately 122,277 ac (49,484 ha). Lands within the
designation are under Federal (26 percent), State (67 percent) and
private/other (7 percent) ownership. All units except one were occupied
by one or more species at the time of listing. The single proposed
unoccupied unit (Schiedea hawaiiensis--Section 19) is not expected to
result in incremental costs. We evaluated the proposed DoD activities
in the PTA adjacent to this proposed unit and rendered a ``no
jeopardy'' biological opinion (Service 2013, entire). That biological
opinion included conservation measures that address the risk of
wildland fires as a result of the Federal proposed action, and as such,
we do not expect that the designation of Section 19 as critical habitat
adjacent to the PTA will result in the need for additional conservation
measures. Overall, the incremental costs of designating critical
habitat for the 12 Hawai[revaps]i Island species are likely to be
limited to additional administrative effort in conducting the adverse
modification analysis. This additional administrative effort will be
part of those section 7 consultations already required because of the
Federal action's effects to listed species.
The additional administrative effort associated with considering
adverse modification during the section 7 consultation process was
estimated using data regarding level of effort needed in past
consultations, including efforts to provide technical assistance to
Federal agencies short of requiring consultation, as well as efforts
involving informal and formal consultation. We estimate up to six
requests for technical assistance, one informal consultation, and two
formal consultations annually over the next 10 years. The maximum
annual cost associated with these consultations is estimated not to
exceed $48,000 (2022 dollars). Therefore, the annual administrative
burden is highly unlikely to exceed $100 million or be considered
economically significant.
In many instances, critical habitat designation is not likely to
change our recommendation for project modification during future
consultations. However, in some instances, we may recommend
modifications associated specifically with minimizing adverse effects
in order to avoid activities that may result in a
[[Page 18785]]
determination of destruction or adverse modification of critical
habitat.
For activities with a Federal nexus that would involve entry into
critical habitat that is susceptible to rapid
[revaps][omacr]hi[revaps]a death (ROD), we anticipate recommending
disinfecting gear to limit the transmission of fungal pathogens
associated with rapid [revaps][omacr]hi[revaps]a death and limiting
access into pristine areas. ROD disinfecting protocols are part of best
practices promoted by the Service and widely adopted by other agencies
and conservation organizations. Therefore, the recommendations are
unlikely to result in incremental costs because they are already part
of standard protocols absent critical habitat.
In unpredictable cases, a Federal agency may need to act in
response to volcanic activity to save human lives and would
subsequently consult with the Service under emergency consultation
provisions. Under those circumstances, we may determine that the
emergency response may adversely modify critical habitat and recommend
restoration activities to address the damage to habitat that would not
be undertaken absent critical habitat. If time allows, the Service may
also be involved in designing the emergency response in order to
consider the potential for effects on critical habitat, for example,
for emergency access road placement. Data are not available to forecast
costs associated with modifications to or restoration activities
following emergency response efforts during volcanic activity. Even if
historical costs were available, the incremental costs associated with
any given emergency response activity are likely to vary widely and be
highly fact- and context-specific.
The probable incremental economic impacts of the critical habitat
designations for the 12 Hawai[revaps]i Island species are expected to
be limited to additional administrative effort as well as minor costs
of conservation efforts resulting from a small number of future section
7 consultations. This limited incremental economic impact is due to two
factors: (1) A large portion (94 percent) of the proposed critical
habitat is occupied by one or more of the 12 Hawai[revaps]i Island
species, and incremental economic impacts of critical habitat
designation, other than administrative costs, are unlikely; and (2) in
proposed areas that are not occupied by the 12 Hawai[revaps]i Island
species (6 percent), no actions are anticipated that would result in a
need for section 7 consultation or associated project modifications. At
approximately $30,000 or less per consultation, the burden resulting
from the designation of critical habitat for the 12 Hawai[revaps]i
Island species, based on the anticipated annual number of consultations
and associated consultation costs, is not expected to exceed a total of
$48,000 in most years, across all affected parties, including the
Service and other Federal agencies, and any other involved party. These
costs incorporate requests for technical assistance and informal and
formal consultation. We are not aware of any State or local regulations
that would add additional requirements to private activities as a
result of the Federal designation of critical habitat. Thus, the annual
administrative burden is low.
Although we do not anticipate incremental costs outside of the
section 7 consultation process, additional incremental costs may occur
if landowners or buyers perceive that the designation of critical
habitat will restrict land or water use activities in some way and,
therefore, lower the value or use of the land. Although we acknowledge
the potential for these types of speculation-based costs, the
likelihood of these potential future effects is uncertain, and data
with which to estimate incremental costs are unavailable. Similarly,
there may be economic impacts associated with the perceived beneficial
effects of critical habitat on land values. However, the likelihood and
magnitude of those such effects are also uncertain.
In summary, while the specific costs of critical habitat
designation for the 12 Hawai[revaps]i Island species are subject to
uncertainty, it is unlikely that if adopted as proposed, the rulemaking
will generate costs exceeding $100 million in a single year. Therefore,
this proposed rule is unlikely to meet the threshold for an
economically significant rule, with regard to costs, under E.O. 12866.
We are soliciting data and comments from the public on the DEA
discussed above. During the development of a final designation, we will
consider the information presented in the DEA and any additional
information on economic impacts we receive during the public comment
period to determine whether any specific areas should be excluded from
the final critical habitat designation under authority of section
4(b)(2), our implementing regulations at 50 CFR 424.19, and the 2016
policy. We may exclude an area from critical habitat if we determine
that the benefits of excluding the area outweigh the benefits of
including the area, provided the exclusion will not result in the
extinction of this species.
Consideration of National Security Impacts
Section 4(a)(3)(B)(i) of the Act may not cover all DoD lands or
areas that pose potential national-security concerns (e.g., a DoD
installation that is in the process of revising its INRMP for a newly
listed species or a species previously not covered). If a particular
area is not covered under section 4(a)(3)(B)(i), then national-security
or homeland-security concerns are not a factor in the process of
determining what areas meet the definition of ``critical habitat.''
However, the Service must still consider impacts on national security,
including homeland security, on those lands or areas not covered by
section 4(a)(3)(B)(i) because section 4(b)(2) requires the Service to
consider those impacts whenever it designates critical habitat.
Accordingly, if DoD, Department of Homeland Security (DHS), or another
Federal agency has requested exclusion based on an assertion of
national-security or homeland-security concerns, or we have otherwise
identified national-security or homeland-security impacts from
designating particular areas as critical habitat, we generally have
reason to consider excluding those areas.
However, we cannot automatically exclude requested areas. When DoD,
DHS, or another Federal agency requests exclusion from critical habitat
on the basis of national-security or homeland-security impacts, we must
conduct an exclusion analysis if the Federal requester provides
information, including a reasonably specific justification of an
incremental impact on national security that would result from the
designation of that specific area as critical habitat. That
justification could include demonstration of probable impacts, such as
impacts to ongoing border-security patrols and surveillance activities,
or a delay in training or facility construction, as a result of
compliance with section 7(a)(2) of the Act. If the agency requesting
the exclusion does not provide us with a reasonably specific
justification, we will contact the agency to recommend that it provide
a specific justification or clarification of its concerns relative to
the probable incremental impact that could result from the designation.
If we conduct an exclusion analysis because the agency provides a
reasonably specific justification or because we decide to exercise the
discretion to conduct an exclusion analysis, we will defer to the
expert judgment of DoD, DHS, or another Federal agency as to: (1)
Whether activities on its lands or waters, or its activities on other
lands or
[[Page 18786]]
waters, have national-security or homeland-security implications; (2)
the importance of those implications; and (3) the degree to which the
cited implications would be adversely affected in the absence of an
exclusion. In that circumstance, in conducting a discretionary section
4(b)(2) exclusion analysis, we will give great weight to national-
security and homeland-security concerns in analyzing the benefits of
exclusion.
Under section 4(b)(2) of the Act, we also consider whether a
national security or homeland security impact might exist on lands
owned or managed by DoD or DHS. In preparing this proposal, we have
determined that, other than the land exempted under section
4(a)(3)(B)(i) of the Act based upon the existence of an approved INRMP
(see Exemptions, above), the lands within the proposed designation of
critical habitat for the 12 Hawai[revaps]i Island species are not owned
or managed by DoD or DHS. Therefore, we anticipate no impact on
national security or homeland security.
Consideration of Other Relevant Impacts
Under section 4(b)(2) of the Act, we consider any other relevant
impacts, in addition to economic impacts and impacts on national
security discussed above. To identify other relevant impacts that may
affect the exclusion analysis, we consider a number of factors,
including whether there are permitted conservation plans covering the
species in the area--such as habitat conservation plans (HCPs), safe
harbor agreements (SHAs), or candidate conservation agreements with
assurances (CCAAs)--or whether there are non-permitted conservation
agreements and partnerships that may be impaired by designation of, or
exclusion from, critical habitat. In addition, we look at whether
Tribal conservation plans or partnerships, Tribal resources, or
government-to-government relationships of the United States with Tribal
entities may be affected by the designation; we consider whether
applicable conservation plans or partnerships with the Native Hawaiian
community may be affected by the designation. We also consider any
State, local, social, or other impacts that might occur because of the
designation.
When analyzing other relevant impacts of including a particular
area in a designation of critical habitat, we weigh those impacts
relative to the conservation value of the particular area. To determine
the conservation value of designating a particular area, we consider a
number of factors, including, but not limited to, the additional
regulatory benefits that the area would receive due to the protection
from destruction or adverse modification as a result of actions with a
Federal nexus, the educational benefits of mapping essential habitat
for recovery of the listed species, and any benefits that may result
from a designation due to State or Federal laws that may apply to
critical habitat.
In the case of the 12 Hawai[revaps]i Island species, the benefits
of critical habitat include public awareness of the presence of these
species and the importance of habitat protection, and, where a Federal
nexus exists, increased habitat protection for these species due to
protection from destruction or adverse modification of critical
habitat. Continued implementation of an ongoing management plan that
provides conservation equal to or more than the protections that result
from a critical habitat designation would reduce those benefits of
including that specific area in the critical habitat designation. After
identifying the benefits of inclusion and the benefits of exclusion, we
carefully weigh the two sides to evaluate whether the benefits of
exclusion outweigh those of inclusion. If our analysis indicates that
the benefits of exclusion outweigh the benefits of inclusion, we then
determine whether exclusion would result in extinction of the species.
If exclusion of an area from critical habitat will result in
extinction, we will not exclude it from the designation.
Watershed Partnerships
An important factor for our decision to consider an area for
proposed exclusion is whether the landowner participates in a watershed
partnership. In 2003, the State of Hawaii formally established the
Hawai[revaps]i Association of Watershed Partnerships, which consists of
more than 60 public and private landowners throughout the State, who
are committed to long-term protection and conservation of watershed
areas. These watershed partnerships each have a conservation management
plan that is updated every several years to include measurable
objectives and a budget. Financial support for the watershed
partnerships include various long-term State funds and other Federal
and private sources. Of the 10 watershed partnerships in operation, 3
have lands within the proposed critical habitat designation: Kohala
Watershed Alliance, Mauna Kea Watershed Alliance, and Three Mountain
Alliance. These watershed partnerships fund and conduct conservation
efforts, including ungulate control and removal, and invasive weed
management, that support the 12 Hawai[revaps]i Island species.
Private or Other Non-Federal Conservation Plans Related to Permits
Under Section 10 of the Act
HCPs for incidental take permits under section 10(a)(1)(B) of the
Act provide for partnerships with non-Federal entities to minimize and
mitigate impacts to listed species and their habitats. In some cases,
HCP permittees agree to do more for the conservation of the species and
their habitats on private lands than designation of critical habitat
would provide alone. We place great value on the partnerships that are
developed during the preparation and implementation of HCPs.
CCAAs and SHAs are voluntary agreements designed to conserve
candidate and listed species, respectively, on non-Federal lands. In
exchange for actions that contribute to the conservation of species on
non-Federal lands, participating property owners are covered by an
``enhancement of survival'' permit under section 10(a)(1)(A) of the
Act, which authorizes incidental take of the covered species that may
result from implementation of conservation actions, specific land uses,
and, in the case of SHAs, the option to return to a baseline condition
under the agreements. We also provide enrollees assurances that we will
not impose further land-, water-, or resource-use restrictions, or
require additional commitments of land, water, or finances, beyond
those agreed to in the agreements.
When we undertake a discretionary section 4(b)(2) exclusion
analysis based on permitted conservation plans (such as CCAAs, SHAs,
and HCPs), we anticipate consistently excluding such areas if
incidental take caused by the activities in those areas is covered by
the permit under section 10 of the Act and the CCAA/SHA/HCP meets all
of the following three factors (see the 2016 Policy for additional
details):
a. The permittee is properly implementing the CCAA/SHA/HCP and is
expected to continue to do so for the term of the agreement. A CCAA/
SHA/HCP is properly implemented if the permittee is and has been fully
implementing the commitments and provisions in the CCAA/SHA/HCP,
implementing agreement, and permit.
b. The species for which critical habitat is being designated is a
covered species in the CCAA/SHA/HCP, or very similar in its habitat
requirements to a covered species. The recognition that the Services
extend to such an agreement depends on the degree to
[[Page 18787]]
which the conservation measures undertaken in the CCAA/SHA/HCP would
also protect the habitat features of the similar species.
c. The CCAA/SHA/HCP specifically addresses that species' habitat
and meets the conservation needs of the species in the planning area.
The proposed critical habitat designation includes areas that are
covered by a permitted plan providing for the conservation of the 12
Hawai[revaps]i Island species, as discussed below.
Safe Harbor Agreement Trustees of the Estate of Bernice P. Bishop,
DBA Kamehameha Schools Keauhou and K[imacr]lauea Forest Lands
Hawai[revaps]i Island, Hawai[revaps]i (Kamehameha Schools Keauhou and
K[imacr]lauea Forest Lands Safe Harbor Agreement), June 2017--The
permit holder for this SHA is Kamehameha Schools. Kamehameha Schools
was established in 1887, through the will of Princess Bernice Pauahi
Paki Bishop. Kamehameha Schools owns over 362,000 ac (146,496 ha) of
land throughout Hawai[revaps]i, and part of Kamehameha Schools' mission
is to protect Hawai[revaps]i's environment through recognition of the
significant cultural value of this land and its unique flora and fauna.
In 2017, the SHA was approved by the Service and Hawai[revaps]i
Department of Land and Natural Resources for the Kamehameha School's
Keauhou and K[imacr]lauea Forest lands, which comprise 32,280 ac
(13,063 ha) on the east slope of Mauna Loa Volcano, on the island of
Hawai[revaps]i. Under the SHA, koa (Acacia koa) tree silviculture will
be conducted, including stand improvement through selective harvest and
establishment of new or improvement of existing forest in formerly
logged areas and degraded pasture lands (Kamehameha Schools 2017, pp.
22-23). The conservation actions of Kamehameha Schools benefit habitat
for Cyanea tritomantha, Cyrtandra wagneri, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne
cranwelliae, and Drosophila digressa by promoting forest regeneration,
which increases soil-water retention capacity and improves ecosystem
resilience to drying climate conditions; controlling feral ungulates,
which reduces trampling of and predation on these plants, including the
host plants of Drosophila digressa; controlling weeds, which improves
recruitment of native trees, including those that host Drosophila
digressa; and taking actions that reduce the incidence of fire, which
benefits forest habitat for these species by minimizing damage to that
habitat by wildfire.
Non-Permitted Conservation Plans, Agreements, or Partnerships
We sometimes exclude specific areas from critical habitat
designations based in part on the existence of private or other non-
Federal conservation plans or agreements and their attendant
partnerships. A conservation plan or agreement describes actions that
are designed to provide for the conservation needs of a species and its
habitat, and may include actions to reduce or mitigate negative effects
on the species caused by activities on or adjacent to the area covered
by the plan. Conservation plans or agreements can be developed by
private entities with no Service involvement, or in partnership with
the Service.
Shown below is a non-exhaustive list of factors that we consider in
evaluating how non-permitted plans or agreements affect the benefits of
inclusion or exclusion. These are not required elements of plans or
agreements. Rather, they are some of the factors we may consider, and
not all of these factors apply to every plan or agreement.
(i) The degree to which the record of the plan, or information
provided by proponents of an exclusion, supports a conclusion that a
critical habitat designation would impair the realization of the
benefits expected from the plan, agreement, or partnership.
(ii) The extent of public participation in the development of the
conservation plan.
(iii) The degree to which agency review and required determinations
(e.g., State regulatory requirements) have been completed, as necessary
and appropriate.
(iv) Whether National Environmental Policy Act (NEPA; 42 U.S.C.
4321 et seq.) compliance was required.
(v) The demonstrated implementation and success of the chosen
mechanism.
(vi) The degree to which the plan or agreement provides for the
conservation of the essential physical or biological features for the
species.
(vii) Whether there is a reasonable expectation that the
conservation management strategies and actions contained in a
management plan or agreement will be implemented.
(viii) Whether the plan or agreement contains a monitoring program
and adaptive management to ensure that the conservation measures are
effective and can be modified in the future in response to new
information.
The proposed critical habitat designation includes areas that are
covered by the following non-permitted management plans providing for
the conservation of the 12 Hawai[revaps]i Island species:
Kamehameha Schools [revaps][Amacr]ina Pauahi Natural Resources
Management Program--Kamehameha Schools owns over 362,000 ac (146,496
ha) of land throughout Hawai[revaps]i. Part of Kamehameha Schools'
mission is to protect Hawai[revaps]i's environment through recognition
of the significant cultural value of this land and its unique flora and
fauna. Accordingly, Kamehameha Schools established a sustainable
stewardship policy to guide the use of its lands through their
[revaps][Amacr]ina Pauahi Natural Resources Management Program that
includes the protection and conservation of natural resources, water
resources, and ancestral places (Kamehameha Schools 2022, entire).
Additionally, Kamehameha Schools is a member of the Mauna Kea Watershed
Alliance and the Three Mountain Alliance. Between 2000 and 2015,
Kamehameha Schools increased active stewardship of native ecosystems by
over 35-fold, from 3,000 ac (1,124 ha) to 136,000 ac (55,037 ha);
engaged in community collaborations to leverage external resources in
support of culturally appropriate land stewardship; and developed and
implemented its 2012 natural resource and cultural resource management
plans representing Kamehameha Schools' responsibility to conduct
prudent stewardship of the [revaps][amacr]ina (land). Kamehameha
Schools manages some of its forested lands for income generation
through sustainable koa and [revaps]iliahi or sandalwood (Santalum
album) forestry and collaborates with county and other landowners in
fire response planning to protect natural resources from fires. The
conservation actions of Kamehameha Schools benefits habitat for Bidens
hillebrandiana ssp. hillebrandiana, Cyanea tritomantha, Cyrtandra
wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae, and
Drosophila digressa by promoting forest regeneration, which increases
soil-water retention capacity and improves ecosystem resilience to
drying climate conditions; controlling feral ungulates, which reduces
trampling of and predation on these plants, including the host plants
of Drosophila digressa; and controlling weeds, which improves
recruitment of native trees for all these species. Fire suppression
under this program benefits the coastal forest habitat where Bidens
hillebrandiana ssp. hillebrandiana occurs by minimizing damage to this
habitat by wildfire.
Mauna Kea Watershed Alliance--The Mauna Kea Watershed Alliance
Watershed Partnership is a coalition of
[[Page 18788]]
private and public landowners and supporting agencies working to
protect and restore watershed areas on Mauna Kea Volcano,
Hawai[revaps]i (Mauna Kea Watershed Alliance 2022, entire). Lands that
are managed by the Mauna Kea Watershed Alliance include over 500,000 ac
(202,343 ha) on Mauna Kea Volcano on the island of Hawai[revaps]i. The
Mauna Kea Watershed Alliance's shared vision is to protect and enhance
watershed ecosystems, biodiversity, and natural resources through
responsible management while promoting economic sustainability and
providing recreational, subsistence, educational, and research
opportunities. Staff of the Mauna Kea Watershed Alliance work
cooperatively with members of the alliance to achieve this shared
vision. Accordingly, fencing and ungulate control, control of
introduced plants that are invasive, and reforestation efforts are
conducted on lands within the Mauna Kea Watershed Alliance (Stewart
2010, p. viii). Ungulate control benefits habitat for Cyanea
tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae and Drosophila digressa by reducing trampling of
and predation on these plants, including the host plants of Drosophila
digressa, leading to improved forest regeneration. Nonnative plant
control improves recruitment of native trees, including host plants of
Drosophila digressa, and reforestation provides greater areas of native
plant associations that contribute to habitat and increases soil-water
retention capacity, improving ecosystem resilience to drying climate
conditions.
Parker Ranch Sustainable Forestry Initiative--Parker Ranch was
founded in 1847, and currently encompasses over 100,000 ac (40,469 ha)
of land in the H[amacr]m[amacr]kua, North Kohala, and South Kohala
Districts on Mauna Kea and the Kohala Mountains on the island of
Hawai[revaps]i. Parker Ranch recognizes forest health as a key
indicator of overall ecosystem health and, as result, announced in 2021
that it is seeking to collaborate with public and private partners to
develop sustainable forestry programs on its lands (Parker Ranch 2021,
entire). In 2018, Parker Ranch also hired a forestry manager to
sustainably manage their forest lands (Parker Ranch 2021, pers. comm.).
For its Waipunalei lands on the east slope of Mauna Kea, Parker Ranch
is developing a sustainable koa forestry program and is seeking to
rehabilitate forest areas damaged by history of cattle grazing (Parker
Ranch 2022, pers. comm.). For its Waiemi lands on the Kohala Mountains,
Parker Ranch is providing essential access and support to the State
Department of Land and Natural Resources for priority watershed
projects in Pu[revaps]u o Umi Natural Area Reserve and is supporting
erosion control efforts above Pelekane Bay (Parker Ranch 2021, entire).
Additionally, Parker Ranch is a member of the Mauna Kea Watershed
Alliance. Koa forestry benefits forest habitat used by Cyanea
tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae, and Drosophila digressa by establishing new or
improved forest in formerly logged areas and degraded pasture lands,
increasing soil-water retention capacity, and improving ecosystem
resilience to drying climate conditions through control of feral
ungulates and weed control that improves recruitment of native trees,
including the host plants of Drosophila digressa.
Kohala Watershed Partnership and the Kohala Mountain Watershed
Management Plan, December 2007--The Kohala Watershed Partnership is a
coalition of private and public landowners and supporting agencies
whose goal is to show improvements in water and environmental quality
by enabling comprehensive and sustainable watershed management projects
that address the threats to the watershed, while maintaining its
integrity and protecting its economic, socio-cultural, and ecological
resources (Kohala Watershed Partnership [KWP] 2007, p. 3). Lands that
are managed by Kohala Mountain Watershed Management Plan include
approximately 68,000 ac (27,519 ha) of forest and grass lands on the
windward and leeward slopes of the Kohala Volcano on the island of
Hawai[revaps]i (KWP 2007, p. 3). Conservation measures of this plan
benefit habitat for Bidens hillebrandiana ssp. hillebrandiana, Cyanea
tritomantha, Melicope remyi, Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae by
promoting native forest and shrubland regeneration and increasing soil-
water retention capacity through control of feral ungulates and weed
control that improves recruitment of native trees and shrubs. Wildfire
management and response benefits coastal forest, forest, and shrubland
habitats used by these species by minimizing damage to these habitats
by fire (KWP 2007, pp. 62-82).
Three Mountain Alliance Management Plan, December 31, 2007--The
Three Mountain Alliance Watershed Partnership is a coalition of private
and public landowners and supporting agencies that are working to
protect and restore watershed areas on Hawai[revaps]i Island (Three
Mountain Alliance Management Plan [TMA] 2007, entire). Lands that are
managed by the Three Mountain Alliance are 1,116,300 ac (451,751 ha) on
Mauna Loa, K[imacr]lauea, and Hual[amacr]lai Volcanoes or roughly 45
percent of the island of Hawai[revaps]i. Project funding for the Three
Mountain Alliance currently comes from Three Mountain Alliance members
(primarily the Service, Hawai[revaps]i's Division of Forestry and
Wildlife, and Kamehameha Schools) and outside grants. Other Three
Mountain Alliance members provide in-kind services to accomplish
priority projects, for example, inmate labor or sharing personnel and
equipment (TMA 2007, p. 56). Management under the Three Mountain
Alliance Management Plan includes the following conservation actions:
(1) strategic fencing and removal of ungulates; (2) regular monitoring
for ungulates after fencing; (3) monitoring of habitat recovery; (4)
surveys for rare taxa prior to new fence installations; (5) invasive,
nonnative plant control; (6) reestablishment of native plant species;
and (7) activities to reduce the threat of wildfire. Ungulate control
reduces damage to native forests, including to host plants of
Drosophila digressa; control of nonnative, invasive plants and out-
planting of native plants, including host plants of Drosophila
digressa, improves recruitment of native trees; and fire suppression
activities reduce the damage from wildfires to habitats used by Cyanea
marksii, Cyanea tritomantha, Cyrtandra wagneri, Phyllostegia
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae, and Drosophila digressa.
The Nature Conservancy Forest Stewardship Management Plan for the
Kona Hema Preserve--The Nature Conservancy Kona Hema Preserve was
established in 1999, in the South Kona District of the island of
Hawai[revaps]i and is comprised of 8,076 ac (3,268 ha) in four
management units. The management program for Kona Hema Preserve is
documented in The Nature Conservancy's Forest Stewardship Management
Plan for the Kona Hema Preserve, which details management measures to
protect, restore, and enhance rare plants and animals and their
habitats within the preserve and in adjacent areas (The Nature
Conservancy 2017, entire). Primary management goals for the Kona Hema
Preserve are to: (1) prevent degradation of native forest
[[Page 18789]]
and shrubland by reducing feral ungulate damage; (2) improve or
maintain the integrity of native ecosystems in selected areas of the
preserve by reducing the effects of nonnative plants; (3) conduct small
mammal control and reduce the negative impacts of small mammals where
possible; (4) monitor and track the biological and physical resources
in the preserve, evaluate changes in these resources over time, and
encourage biological and environmental research; (5) prevent extinction
of rare species in the preserve; (6) build public understanding and
support for the preservation of natural areas, and enlist volunteer
assistance for preserve management; and (7) protect the resources from
fires in and around the preserve (Giffin 2017, pp. 25-45). The Nature
Conservancy is also a member of the Three Mountain Alliance. The
conservation actions of The Nature Conservancy's Kona Hema Preserve
benefit habitat for Cyanea marksii, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne
cranwelliae, and Drosophila digressa by improved forest regeneration
through control of feral ungulates, weed control that improves
recruitment of native trees, including host plants of Drosophila
digressa, and small mammal control (particularly rats (Rattus spp.),
which reduces the potential for seed predation by rats on those plant
species). Wildfire management and response also benefits forest habitat
for Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae, and Drosophila
digressa by minimizing damage to these habitats by wildfire.
After considering the factors described above, we have identified
the areas that we have reason to consider excluding from the final
designation of critical habitat because of non-permitted plans,
agreements, or partnerships. Our consideration of an area for exclusion
is based on all non-permitted plans, agreements, and/or partnerships
for the area and the overall benefit these planning documents and
associated conservation actions provide for the protection,
maintenance, enhancement, and/or restoration of habitat for the 12
Hawai[revaps]i Island species. In all cases, we are considering
excluding areas from the final designation where private landowners are
actively participating in the restoration or management of habitats
essential to conservation of these species, allowing surveys or
monitoring of these species and their habitats, or taking steps to
protect and increase numbers of these species that occur on their
properties.
Specific benefits of conservation management and our rationale for
considering exclusion are described below and summarized in table 7,
below. Of the 40 proposed units, we are considering portions of six
areas for exclusion under section 4(b)(2) of the Act, based on
permitted and non-permitted plans and agreements. These areas total
4,224 ac (1,710 ha). We welcome any information regarding planning
documents or other information we may have overlooked pertaining to the
areas we are considering for exclusion and areas we are not considering
for exclusion. We will work with landowners throughout this proposed
rule's public comment period (see DATES, above) and during development
of the final designation of critical habitat for the 12 Hawai[revaps]i
Island species. We seek comments on whether the existing management and
conservation efforts of landowners meet our criteria for exclusion from
the final designation under section 4(b)(2) of the Act.
Table 7--Areas Considered for Exclusion by Critical Habitat Unit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Area owned that is being
considered for exclusion Associated plans and
Plant section and unit Drosophila unit Landowner -------------------------------- agreements
Acres Hectares
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 1, Unit 52................... Unit 1.................. Kamehameha Schools...... 155 63 Kamehameha Schools
[revaps][Amacr]ina Pauahi
Natural Resources Management
Program; Mauna Kea Watershed
Alliance; Mauna Kea
Watershed Management Plan,
April 2010.
Section 1, Unit 52................... Unit 1.................. Parker Ranch Waipunalei, 402 163 Parker Ranch's Sustainable
LLC. Forestry Initiative; Mauna
Kea Watershed Alliance.
Section 2, Unit 53................... ........................ Kamehameha Schools...... 33 13 Kamehameha Schools
[revaps][Amacr]ina Pauahi
Natural Resources Management
Program; Kohala Watershed
Partnership; Kohala Mountain
Watershed Management Plan,
December 2007.
Section 2, Unit 53................... ........................ Laup[amacr]hoehoe Nui... 134 54 Kohala Watershed Partnership;
Kohala Mountain Watershed
Management Plan, December
2007.
Section 3, Unit 54................... ........................ State Department of 35 14 Kohala Watershed Partnership;
Hawaiian Home Lands. Kohala Mountain Watershed
Management Plan, December
2007.
Section 3, Unit 54................... ........................ Kahua Ranch............. 604 245 Kohala Watershed Partnership;
Kohala Mountain Watershed
Management Plan, December
2007.
Section 3, Unit 54................... ........................ Kamehameha Schools...... 177 72 Kamehameha Schools
[revaps][Amacr]ina Pauahi
Natural Resources Management
Program; Kohala Watershed
Partnership; Kohala Mountain
Watershed Management Plan,
December 2007.
Section 3, Unit 54................... ........................ Laup[amacr]hoehoe Nui... 134 54 Kohala Watershed Partnership;
Kohala Mountain Watershed
Management Plan, December
2007.
[[Page 18790]]
Section 3, Unit 54................... ........................ Parker Ranch Waiemi, LLC 349 141 Parker Ranch's Sustainable
Forestry Initiative; Kohala
Mountain Watershed
Management Plan, December
2007.
Section 3, Unit 54................... ........................ Queen Emma Foundation... 474 192 Kohala Watershed Partnership;
Kohala Mountain Watershed
Management Plan, December
2007.
Section 8, Unit 44................... ........................ Kamehameha Schools...... 649 263 Kamehameha Schools
[revaps][Amacr]ina Pauahi
Natural Resources Management
Program; Three Mountain
Alliance Management Plan,
December 31, 2007.
Section 11, Unit 51.................. Unit 2.................. Kamehameha Schools...... 92 37 Kamehameha Schools
[revaps][Amacr]ina Pauahi
Natural Resources Management
Program; the Three Mountain
Alliance Management Plan,
December 31, 2007; Safe
Harbor Agreement Trustees of
the Estate of Bernice P.
Bishop, Kamehameha Schools
Keauhou and K[imacr]lauea
Forest Lands Safe Harbor
Agreement, June 2017.
Section 13, Unit 41.................. Unit 5.................. The Nature Conservancy.. 986 399 Forest Stewardship Management
Plan for The Kona Hema
Preserve; Three Mountain
Alliance Management Plan,
December 31, 2007.
--------------------------------------------------------------
Totals........................... ........................ ........................ 4,224 1,710 .............................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae--Section 1 and Drosophila digressa--Unit 1;
Kamehameha Schools--The Kamehameha Schools own 155 ac (63 ha) of land
included in the proposed designation for the plant species within
Section 1 and Drosophila digressa--Unit 1. Conservation management
activities on these lands include those associated with the Kamehameha
Schools [revaps][Amacr]ina Pauahi Natural Resources Management Program,
the Mauna Kea Watershed Alliance, and the Mauna Kea Watershed
Management Plan, April 2010. For more information on the conservation
actions of these groups and plans, see Kamehameha Schools
[revaps][Amacr]ina Pauahi Natural Resources Management Program and
Mauna Kea Watershed Alliance, above. As described above, the
conservation actions of Kamehameha Schools benefit habitat for Cyanea
tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae, and Drosophila digressa.
Based on Kamehameha Schools' management of its lands under the
[revaps][Amacr]ina Pauahi Natural Resources Management Program; Mauna
Kea Watershed Management Plan, April 2010; and Mauna Kea Watershed
Alliance, we are considering excluding 155 ac (63 ha) of Kamehameha
Schools lands within Section 1, Unit 52 and Drosophila digressa--Unit 1
from the final designation.
Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae--Section 1 and Drosophila digressa--Unit 1;
Parker Ranch Waipunalei, LLC--Parker Ranch owns 950 ac (384 ha) of land
included in the proposed designation for the plant species within
Section 1, of which 402 ac (163 ha) are within newly proposed critical
habitat unit 52 and Drosophila digressa--Unit 1. We are not considering
for exclusion the remaining portions of the 950 ac (384 ha) because
these lands overlap existing critical habitat units. Conservation
management activities on these 402 acres include those associated with
Parker Ranch's Sustainable Forestry Initiative and Mauna Kea Watershed
Alliance. For more information on the conservation actions of these
groups and their plans, see Parker Ranch's Sustainable Forestry
Initiative and Mauna Kea Watershed Alliance, above. As described above,
the conservation measures of Parker Ranch, through its Sustainable
Forestry Initiative, benefit habitat for Cyanea tritomantha, Cyrtandra
wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae, and
Drosophila digressa.
Based on Parker Ranch's management, Parker Ranch's Sustainable
Forestry Initiative and participation in the Mauna Kea Watershed
Alliance, we are considering excluding 402 acres of the Parker Ranch's
lands within Section 1 and Drosophila digressa--Unit 1 from the final
designation.
Bidens hillebrandiana ssp. hillebrandiana--Section 2; Kamehameha
Schools--The Kamehameha Schools owns 33 ac (13 ha) of land included in
the proposed designation for Bidens hillebrandiana ssp. hillebrandiana
within Section 2. Conservation management activities on these lands
include those associated with the Kamehameha Schools [revaps][Amacr]ina
Pauahi Natural Resources Management Program, Kohala Watershed
Partnership, and the Kohala Mountain Watershed Management Plan,
December 2007. For more information on the conservation actions of
these groups and plans, see Kamehameha Schools [revaps][Amacr]ina
Pauahi Natural Resources Management Program and Kohala Watershed
Partnership and Kohala Mountain Watershed Management Plan, above. As
described above, the conservation actions of Kamehameha Schools benefit
habitat for Bidens hillebrandiana ssp. hillebrandiana.
Based on Kamehameha Schools' management of its lands under the
[revaps][Amacr]ina
[[Page 18791]]
Pauahi Natural Resources Management Program; Kohala Mountain Watershed
Management Plan, December 2007; and Kohala Watershed Partnership, we
are considering excluding Kamehameha Schools lands within Section 2
from the final designation.
Bidens hillebrandiana ssp. hillebrandiana--Section 2;
Laup[amacr]hoehoe Nui, LLC--Laup[amacr]hoehoe Nui, LLC owns 134 ac (54
ha) of land included in the proposed designation for Bidens
hillebrandiana ssp. hillebrandiana within Section 2. Conservation
management activities on these lands include those associated with the
Kohala Watershed Partnership and the Kohala Mountain Watershed
Management Plan, December 2007.
Laup[amacr]hoehoe Nui, LLC, is a private corporation with a
conservation land management purpose. Laup[amacr]hoehoe Nui, LLC, is a
member of the Kohala Watershed Partnership. For more information on the
conservation actions of the Kohala Watershed Partnership, see Kohala
Watershed Partnership and the Kohala Mountain Watershed Management
Plan, above. The conservation measures of Laup[amacr]hoehoe Nui, LLC,
through the Kohala Mountain Watershed Management Plan benefit habitat
used by Bidens hillebrandiana ssp. hillebrandiana as described above
under Kohala Watershed Partnership and the Kohala Mountain Watershed
Management Plan, December 2007.
Based on Laup[amacr]hoehoe Nui, LLC's management of its lands under
the Kohala Mountain Watershed Management Plan, December 2007, and the
Kohala Watershed Partnership, we are considering excluding
Laup[amacr]hoehoe Nui, LLC, lands within Section 2 from the final
designation.
Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne
cranwelliae--Section 3; Department of Hawaiian Home Lands--The
Department of Hawaiian Home Lands owns 35 ac (14 ha) of land included
in the proposed designation for the plant species within Section 3.
Conservation management activities on these lands include those under
Kohala Watershed Partnership and the Kohala Mountain Watershed
Management Plan, December 2007.
The Department of Hawaiian Home Lands is a member of the Kohala
Watershed Partnership. For more information on the conservation actions
of the Kohala Watershed Partnership, see Kohala Watershed Partnership
and the Kohala Mountain Watershed Management Plan, above. The
conservation measures of the Department of Hawaiian Home Lands through
the Kohala Mountain Watershed Management Plan benefit habitat used by
Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne
cranwelliae as described above under Kohala Watershed Partnership and
the Kohala Mountain Watershed Management Plan, December 2007.
Based on the Department of Hawaiian Home Lands' management of its
lands under the Kohala Mountain Watershed Management Plan, December
2007, and the Kohala Watershed Partnership, we are considering
excluding lands of the Department of Hawaiian Home Lands within Section
3 from the final designation.
Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne
cranwelliae--Section 3; Kahua Ranch--Kahua Ranch owns 604 ac (245 ha)
of land included in the proposed designation for the plant species
within Section 3. Conservation management activities on these lands
include those under Kohala Watershed Partnership and the Kohala
Mountain Watershed Management Plan, December 2007.
Founded in 1928 by Atherton Richards, Kahua Ranch focused on cattle
ranching activities. In addition to cattle ranch farming, Kahua Ranch
also engages in tourism, which includes all-terrain vehicle (ATV)
riding, horseback riding, and renting facilities for events. Kahua
Ranch is a member of the Kohala Watershed Partnership. For more
information on the conservation actions of the Kohala Watershed
Partnership, see Kohala Watershed Partnership and the Kohala Mountain
Watershed Management Plan, December 2007, above. Kahua Ranch, Kohala
Watershed Partnership, and volunteers established the 270 ac (109 ha)
Pu[revaps]u Pili Biodiversity Preserve (The Kohala Center 2019, p. 3),
which includes 262 ac (106 ha) of this area considered for exclusion.
The conservation measures of Kahua Ranch through the Kohala Mountain
Watershed Management Plan benefit habitat used by Cyanea tritomantha,
Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae as described
above under Kohala Watershed Partnership and the Kohala Mountain
Watershed Management Plan, December 2007.
Based on the Kahua Ranch's management of its lands under the Kohala
Mountain Watershed Management Plan, December 2007, and the Kohala
Watershed Partnership, we are considering excluding Kahua Ranch lands
within Section 3 from the final designation.
Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne
cranwelliae--Section 3; Kamehameha Schools--The Kamehameha Schools own
177 ac (72 ha) of land included in the proposed designation for the
plant species within Section 3. Conservation management activities on
these lands include those associated with the Kamehameha Schools
[revaps][Amacr]ina Pauahi Natural Resources Management Program, Kohala
Watershed Partnership, and the Kohala Mountain Watershed Management
Plan, December 2007. For more information on the conservation actions
of these groups and plans, see Kamehameha Schools [revaps][Amacr]ina
Pauahi Natural Resources Management Program and Kohala Watershed
Partnership and the Kohala Mountain Watershed Management Plan, above.
As described above, the conservation actions of Kamehameha Schools
benefit habitat for Cyanea tritomantha, Melicope remyi, Phyllostegia
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and
Stenogyne cranwelliae.
Based on Kamehameha Schools' management of its lands under the
[revaps][Amacr]ina Pauahi Natural Resources Management Program; Kohala
Mountain Watershed Management Plan, December 2007; and Kohala Watershed
Partnership, we are considering excluding Kamehameha Schools lands
within Section 3 from the final designation.
Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne
cranwelliae--Section 3; Laup[amacr]hoehoe Nui, LLC--Laup[amacr]hoehoe
Nui, LLC, owns 134 ac (54 ha) of land included in the proposed
designation for the plant species within Section 3. Conservation
management activities on these lands include those associated with the
Kohala Watershed Partnership and the Kohala Mountain Watershed
Management Plan, December 2007.
Laup[amacr]hoehoe Nui, LLC, is a private corporation with a
conservation land management purpose. Laup[amacr]hoehoe Nui, LLC, is a
member of the Kohala Watershed Partnership. For more information on the
conservation actions of these groups and their plans, see Kohala
Watershed Partnership and the Kohala Mountain Watershed Management
Plan, December 2007, above. Laup[amacr]hoehoe Nui, LLC, and the Kohala
Watershed Partnership protected 2,000 ac (809 ha) at Upper
Laup[amacr]hoehoe Nui Watershed Reserve, which includes
[[Page 18792]]
important aquifer recharge areas on Kohala Mountain, globally rare
montane bog ecosystems, seabird nesting areas, and rare and endangered
native plants (The Kohala Center 2019, p. 3); all 134 ac (54 ha) of
this considered exclusion are within this protected area. The
conservation measures of Laup[amacr]hoehoe Nui, LLC, through the Kohala
Mountain Watershed Management Plan benefit habitat for Cyanea
tritomantha, Melicope remyi, Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae as
described above under Kohala Watershed Partnership and the Kohala
Mountain Watershed Management Plan.
Based on Laup[amacr]hoehoe Nui, LLC's management of its lands under
the Kohala Mountain Watershed Management Plan, December 2007, and the
Kohala Watershed Partnership, we are considering excluding
Laup[amacr]hoehoe Nui, LLC, lands within Section 3 from the final
designation.
Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne
cranwelliae--Section 3; Parker Ranch Waiemi, LLC--Parker Ranch owns 349
ac (141 ha) of land included in the proposed designation for the plant
species within Section 3. Conservation management activities on these
lands include those associated with Parker Ranch's Sustainable Forestry
Initiative and the Kohala Mountain Watershed Management Plan, December
2007. For more information on the conservation actions of these groups
and their plans, see Parker Ranch Sustainable Forestry Initiative and
Kohala Watershed Partnership and the Kohala Mountain Watershed
Management Plan, above.
Parker Ranch provides essential access and support to the State
Department of Land and Natural Resources to install and maintain
priority watershed projects in Pu[revaps]u o Umi Natural Area Reserve.
The conservation measures of Parker Ranch through its Sustainable
Forestry Initiative benefit habitat for Cyanea tritomantha, Melicope
remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, and Stenogyne cranwelliae as described above
under Parker Ranch Sustainable Forestry Initiative and Kohala Watershed
Partnership and the Kohala Mountain Watershed Management Plan.
Based on Parker Ranch's management, Parker Ranch's Sustainable
Forestry Initiative, and their participation in the Kohala Watershed
Partnership, we are considering excluding Parker Ranch's lands within
Section 3 from the final designation.
Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne
cranwelliae--Section 3; Queen Emma Foundation--The Queen Emma
Foundation owns 474 ac (192 ha) of land included in the proposed
designation for the plant species within Section 3. Conservation
management activities on these lands include those under Kohala
Watershed Partnership and the Kohala Mountain Watershed Management
Plan, December 2007.
The Queen Emma Foundation is a nonprofit subsidiary of The Queen's
Health Systems and manages more than 12,000 ac (4,856 ha) on the
islands of O[revaps]ahu and Hawai[revaps]i. The lands were handed down
in trust by the Queen upon her death in 1885. The Queen Emma Foundation
is a member of the Kohala Watershed Partnership. For more information
on the conservation actions of the Kohala Watershed Partnership, see
Kohala Watershed Partnership and the Kohala Mountain Watershed Plan,
December 2007, above. The Queen Emma Foundation and Kohala Watershed
Partnership implemented the Pelekane Bay Watershed Restoration Project
on approximately 2,300 ac (930 ha) of Queen Emma Foundation lands, of
which approximately 100 ac (40 ha) are within the area of this
considered exclusion. The conservation measures of the Queen Emma
Foundation through the Kohala Watershed Partnership benefit habitat
used by Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne
cranwelliae as described above under Kohala Watershed Partnership and
the Kohala Mountain Watershed Management Plan, December 2007.
Based on the Queen Emma Foundation's management of its lands under
the Kohala Mountain Watershed Management Plan, December 2007, and the
Kohala Watershed Partnership, we are considering excluding Queen Emma
Foundation lands within Section 3 from the final designation.
Cyanea tritomantha, Cyrtandra wagneri, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 8;
Kamehameha Schools--The Kamehameha Schools own 649 ac (263 ha) of land
included in the proposed designation for the plant species within
Section 8. Conservation management activities on these lands include
those associated with the Kamehameha Schools [revaps][Amacr]ina Pauahi
Natural Resources Management Program and the Three Mountain Alliance
Management Plan, December 31, 2007. For more information on the
conservation actions of these groups and their plans, see Kamehameha
Schools [revaps][Amacr]ina Pauahi Natural Resources Management Program
and the Three Mountain Alliance Management Plan, December 31, 2007,
above. As described above, the conservation actions of Kamehameha
Schools benefit habitat for Cyanea tritomantha, Cyrtandra wagneri,
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne
cranwelliae.
Based on Kamehameha Schools' management of its lands under the
[revaps][Amacr]ina Pauahi Natural Resources Management Program; Three
Mountain Alliance Management Plan, December 31, 2007; and Three
Mountain Alliance membership, we are considering excluding Kamehameha
Schools lands within Section 8 from the final designation.
Cyanea tritomantha, Cyrtandra wagneri, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne
cranwelliae--Section 11 and Drosophila digressa--Unit 2; Kamehameha
Schools--The Kamehameha Schools own 92 ac (37 ha) of land included in
the proposed designation the plant species within Section 11 and
Drosophila digressa--Unit 2. Conservation management activities on
these lands include those associated with the Kamehameha Schools
[revaps][Amacr]ina Pauahi Natural Resources Management Program; the
Three Mountain Alliance Management Plan, December 31, 2007; and the
Safe Harbor Agreement Trustees of the Estate of Bernice P. Bishop, DBA
Kamehameha Schools Keauhou and K[imacr]lauea Forest Lands
Hawai[revaps]i Island, Hawai[revaps]i (Kamehameha Schools Keauhou and
K[imacr]lauea Forest Lands Safe Harbor Agreement), June 2017. For more
information on the conservation actions of these groups and plans, see
Kamehameha Schools [revaps][Amacr]ina Pauahi Natural Resources
Management Program; Three Mountain Alliance Management Plan, December
31, 2007; and Safe Harbor Agreement Trustees of the Estate of Bernice
P. Bishop, DBA Kamehameha Schools Keauhou and K[imacr]lauea Forest
Lands Hawai[revaps]i Island, Hawai[revaps]i (Kamehameha Schools Keauhou
and K[imacr]lauea Forest Lands Safe Harbor Agreement), June 2017,
above. As described above, the conservation actions of Kamehameha
Schools benefit habitat for Cyanea tritomantha, Cyrtandra wagneri,
Phyllostegia floribunda, Pittosporum hawaiiense,
[[Page 18793]]
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae, and Drosophila
digressa.
Based on Kamehameha Schools' management of its lands under the
[revaps][Amacr]ina Pauahi Natural Resources Management Program; Three
Mountain Alliance Management Plan, December 31, 2007; and Kamehameha
Schools Keauhou and K[imacr]lauea Forest Lands Safe Harbor Agreement,
we are considering excluding Kamehameha Schools lands within Section 11
and Drosophila digressa--Unit 2 from the final designation.
Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 13 and
Drosophila digressa--Unit 5; The Nature Conservancy--The Nature
Conservancy owns 986 ac (399 ha) of land included in the proposed
designation for the plant species within Section 13 and Drosophila
digressa--Unit 5. Conservation management activities on these lands
include those associated with the Forest Stewardship Management Plan
for The Kona Hema Preserve and the Three Mountain Alliance Management
Plan, December 31, 2007. For more information on the conservation
actions of these groups and their plans, see The Nature Conservancy
Forest Stewardship Management Plan for the Kona Hema Preserve and Three
Mountain Alliance Management Plan, December 31, 2007, above. As
described above, the conservation actions of The Nature Conservancy's
Kona Hema Preserve benefit habitat for Cyanea marksii, Phyllostegia
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae, and Drosophila digressa.
Based on The Nature Conservancy's management of the Kona Hema
Preserve under the Forest Stewardship Management Plan for The Kona Hema
Preserve and the Three Mountain Alliance Management Plan, December 31,
2007, we are considering excluding The Nature Conservancy's Kona Hema
Preserve lands within Section 13 and Drosophila digressa--Unit 5 from
the final designation.
We will continue to work with all entities identified above
throughout this proposed rule's public comment period (see DATES,
above) and during development of the final designation of critical
habitat for the 12 species. We are currently seeking comment on whether
the existing management and conservation efforts of each area
identified above meet our criteria for exclusion from the final
designation under section 4(b)(2) of the Act.
Summary of Exclusions Considered Under Section 4(b)(2) of the Act
In conclusion, we have reason to consider excluding the areas
described in table 7, above, under section 4(b)(2) of the Act from the
final critical habitat designation for the 12 species based on other
relevant impacts.
We specifically solicit comments on the inclusion or exclusion of
such areas. However, if through this proposed rule's public comment
period we receive information that we determine indicates that there
are potential economic, national security, or other relevant impacts
from designating particular areas as critical habitat, then as part of
developing the final designation of critical habitat, we will evaluate
that information and may conduct a discretionary exclusion analysis to
determine whether to exclude those areas under the authority of section
4(b)(2) of the Act and our implementing regulations at 50 CFR 424.19.
If we receive a request for exclusion of a particular area and after
evaluation of supporting information we do not exclude, we will fully
describe our decision in the final rule for this action.
Required Determinations
Clarity of the Rule
We are required by Executive Orders (E.O.s) 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 ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget will
review all significant rules. OIRA has determined that this rule is not
significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the Nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The Executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this proposed rule in a manner
consistent with these requirements.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.),
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA; 5 U.S.C. 801 et seq.), whenever an agency is required to
publish a notice of rulemaking for any proposed or final rule, it must
prepare and make available for public comment a regulatory flexibility
analysis that describes the effects of the rule on small entities
(i.e., small businesses, small organizations, and small government
jurisdictions). However, no regulatory flexibility analysis is required
if the head of the agency certifies the rule will not have a
significant economic impact on a substantial number of small entities.
The SBREFA amended the RFA to require Federal agencies to provide a
certification statement of the factual basis for certifying that the
rule will not have a significant economic impact on a substantial
number of small entities.
According to the Small Business Administration, small entities
include small organizations such as independent nonprofit
organizations; small governmental jurisdictions, including school
boards and city and town governments that serve fewer than 50,000
residents; and small businesses (13 CFR 121.201). Small businesses
include manufacturing and mining concerns with fewer than 500
employees, wholesale trade entities with fewer than 100 employees,
retail and service businesses with less than $5 million in annual
sales, general and heavy construction businesses with less than $27.5
million in annual business, special trade contractors doing less than
$11.5 million in annual business, and agricultural businesses with
annual
[[Page 18794]]
sales less than $750,000. To determine whether potential economic
impacts to these small entities are significant, we considered the
types of activities that might trigger regulatory impacts under this
designation as well as types of project modifications that may result.
In general, the term ``significant economic impact'' is meant to apply
to a typical small business firm's business operations.
Under the RFA, as amended, and as understood in light of recent
court decisions, Federal agencies are required to evaluate the
potential incremental impacts of rulemaking on those entities directly
regulated by the rulemaking itself; in other words, the RFA does not
require agencies to evaluate the potential impacts to indirectly
regulated entities. The regulatory mechanism through which critical
habitat protections are realized is section 7 of the Act, which
requires Federal agencies, in consultation with the Service, to ensure
that any action authorized, funded, or carried out by the agency is not
likely to destroy or adversely modify critical habitat. Therefore,
under section 7, only Federal action agencies are directly subject to
the specific regulatory requirement (avoiding destruction and adverse
modification) imposed by critical habitat designation. Consequently, it
is our position that only Federal action agencies would be directly
regulated if we adopt the proposed critical habitat designation. The
RFA does not require evaluation of the potential impacts to entities
not directly regulated. Moreover, Federal agencies are not small
entities. Therefore, because no small entities would be directly
regulated by this rulemaking, the Service certifies that, if made final
as proposed, the proposed critical habitat designation will not have a
significant economic impact on a substantial number of small entities.
In summary, we have considered whether the proposed designation
would result in a significant economic impact on a substantial number
of small entities. For the above reasons and based on currently
available information, we certify that, if made final, the proposed
critical habitat designation would not have a significant economic
impact on a substantial number of small business entities. Therefore,
an initial regulatory flexibility analysis is not required.
Energy Supply, Distribution, or Use--Executive Order 13211
Executive Order 13211 (Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use) requires
agencies to prepare statements of energy effects when undertaking
certain actions. In our draft economic analysis, we did not find that
this proposed critical habitat designation would significantly affect
energy supplies, distribution, or use. The proposed critical habitat
units are in remote wilderness areas that are not used for energy
generation. Therefore, this action is not a significant energy action,
and no Statement of Energy Effects is required.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.), we make the following finding:
(1) This proposed rule would not produce a Federal mandate. In
general, a Federal mandate is a provision in legislation, statute, or
regulation that would impose an enforceable duty upon State, local, or
Tribal governments, or the private sector, and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal
intergovernmental mandate'' includes a regulation that ``would impose
an enforceable duty upon State, local, or Tribal governments'' with two
exceptions. It excludes ``a condition of Federal assistance.'' It also
excludes ``a duty arising from participation in a voluntary Federal
program,'' unless the regulation ``relates to a then-existing Federal
program under which $500,000,000 or more is provided annually to State,
local, and Tribal governments under entitlement authority,'' if the
provision would ``increase the stringency of conditions of assistance''
or ``place caps upon, or otherwise decrease, the Federal Government's
responsibility to provide funding,'' and the State, local, or Tribal
governments ``lack authority'' to adjust accordingly. At the time of
enactment, these entitlement programs were: Medicaid; Aid to Families
with Dependent Children work programs; Child Nutrition; Food Stamps;
Social Services Block Grants; Vocational Rehabilitation State Grants;
Foster Care, Adoption Assistance, and Independent Living; Family
Support Welfare Services; and Child Support Enforcement. ``Federal
private sector mandate'' includes a regulation that ``would impose an
enforceable duty upon the private sector, except (i) a condition of
Federal assistance or (ii) a duty arising from participation in a
voluntary Federal program.''
The designation of critical habitat does not impose a legally
binding duty on non-Federal Government entities or private parties.
Under the Act, the only regulatory effect is that Federal agencies must
ensure that their actions are not likely to destroy or adversely modify
critical habitat under section 7. While non-Federal entities that
receive Federal funding, assistance, or permits, or that otherwise
require approval or authorization from a Federal agency for an action,
may be indirectly impacted by the designation of critical habitat, the
legally binding duty to avoid destruction or adverse modification of
critical habitat rests squarely on the Federal agency. Furthermore, to
the extent that non-Federal entities are indirectly impacted because
they receive Federal assistance or participate in a voluntary Federal
aid program, the Unfunded Mandates Reform Act would not apply, nor
would critical habitat shift the costs of the large entitlement
programs listed above onto State governments.
(2) We do not believe that this proposed rule would significantly
or uniquely affect small governments. Small governments would be
affected only to the extent that any programs having Federal funds,
permits, or other authorized activities must ensure that their actions
will not adversely affect the critical habitat. Therefore, a Small
Government Agency Plan is not required.
Takings--Executive Order 12630
In accordance with E.O. 12630 (Government Actions and Interference
with Constitutionally Protected Private Property Rights), we have
analyzed the potential takings implications of designating critical
habitat for the 12 Hawai[revaps]i Island species in a takings
implications assessment. The Act does not authorize the Service to
regulate private actions on private lands or confiscate private
property as a result of critical habitat designation. Designation of
critical habitat does not affect land ownership, or establish any
closures, or restrictions on use of or access to the designated areas.
Furthermore, the designation of critical habitat does not affect
landowner actions that do not require Federal funding or permits, nor
does it preclude development of habitat conservation programs or
issuance of incidental take permits to permit actions that do require
Federal funding or permits to go forward. However, Federal agencies are
prohibited from carrying out, funding, or authorizing actions that
would destroy or adversely modify critical habitat. A takings
implications assessment has been completed for the proposed designation
of critical habitat for 12 Hawai[revaps]i Island species, and it
concludes that, if adopted, this
[[Page 18795]]
designation of critical habitat does not pose significant takings
implications for lands within or affected by the designation.
Federalism--Executive Order 13132
In accordance with E.O. 13132 (Federalism), this proposed rule does
not have significant federalism effects. A federalism summary impact
statement is not required. In keeping with Department of the Interior
and Department of Commerce policy, we requested information from, and
coordinated development of this proposed critical habitat designation
with, appropriate State resource agencies. From a federalism
perspective, the designation of critical habitat directly affects only
the responsibilities of Federal agencies. The Act imposes no other
duties with respect to critical habitat, either for States and local
governments, or for anyone else. As a result, the proposed rule does
not have substantial direct effects either on the States, or on the
relationship between the Federal government and the States, or on the
distribution of powers and responsibilities among the various levels of
government. The proposed designation may have some benefit to these
governments because the areas that contain the features essential to
the conservation of the species are more clearly defined, and the
physical or biological features of the habitat necessary for the
conservation of the species are specifically identified. This
information does not alter where and what federally sponsored
activities may occur. However, it may assist State and local
governments in long-range planning because they no longer have to wait
for case-by-case section 7 consultations to occur.
Where State and local governments require approval or authorization
from a Federal agency for actions that may affect critical habitat,
consultation under section 7(a)(2) of the Act would be required. While
non-Federal entities that receive Federal funding, assistance, or
permits, or that otherwise require approval or authorization from a
Federal agency for an action, may be indirectly impacted by the
designation of critical habitat, the legally binding duty to avoid
destruction or adverse modification of critical habitat rests squarely
on the Federal agency.
Civil Justice Reform--Executive Order 12988
In accordance with E.O. 12988 (Civil Justice Reform), the Office of
the Solicitor has determined that the proposed rule would not unduly
burden the judicial system and that it meets the requirements of
sections 3(a) and 3(b)(2) of the Order. We have proposed designating
critical habitat in accordance with the provisions of the Act. To
assist the public in understanding the habitat needs of the species,
this proposed rule identifies the physical or biological features
essential to the conservation of the species. The proposed areas of
critical habitat are presented on maps, and the proposed rule provides
several options for the interested public to obtain more detailed
location information, if desired.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) is not
required. We may not conduct or sponsor and you are not required to
respond to a collection of information unless it displays a currently
valid OMB control number.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
Regulations adopted pursuant to section 4(a) of the Act are exempt
from the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et
seq.) and do not require an environmental analysis under NEPA. We
published a notice outlining our reasons for this determination in the
Federal Register on October 25, 1983 (48 FR 49244). This includes
listing, delisting, and reclassification rules, as well as critical
habitat designations. In a line of cases starting with Douglas County
v. Babbitt, 48 F.3d 1495 (9th Cir. 1995), the courts have upheld this
position.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994
(Government-to-Government Relations with Native American Tribal
Governments; 59 FR 22951), E.O. 13175 (Consultation and Coordination
with Indian Tribal Governments), and the Department of the Interior's
manual at 512 DM 2, we readily acknowledge our responsibility to
communicate meaningfully with federally-recognized Tribes on a
government-to-government basis. In accordance with Secretarial Order
3206 of June 5, 1997 (American Indian Tribal Rights, Federal-Tribal
Trust Responsibilities, and the Endangered Species Act), we readily
acknowledge our responsibilities to work directly with Tribes in
developing programs for healthy ecosystems, to acknowledge that Tribal
lands are not subject to the same controls as Federal public lands, to
remain sensitive to Indian culture, and to make information available
to Tribes. We have determined that no Tribal lands fall within the
boundaries of the proposed critical habitat for the 12 Hawai[revaps]i
Island species, so no Tribal lands would be affected by the proposed
designation.
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 Fish and Wildlife Service's Species Assessment Team and the Pacific
Islands Fish and Wildlife Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Plants,
Reporting and recordkeeping requirements, Transportation, Wildlife.
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--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
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. In Sec. 17.11, in paragraph (h), amend the table ``List of
Endangered and Threatened Wildlife'' by revising the entry for ``Fly,
Hawaiian picture-wing'' (Drosophila digressa) under Insects to read as
follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
[[Page 18796]]
----------------------------------------------------------------------------------------------------------------
Listing citations and
Common name Scientific name Where listed Status applicable rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Insects
* * * * * * *
Fly, Hawaiian picture-wing..... Drosophila Wherever found... E................ 78 FR 64638, 10/29/
digressa. 2013;
50 CFR 17.95(i).\CH\
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. In Sec. 17.12, in paragraph (h), amend the table ``List of
Endangered and Threatened Plants'' by revising the entries for ``Bidens
hillebrandiana ssp. hillebrandiana'', ``Cyanea marksii'', ``Cyanea
tritomantha'', ``Cyrtandra nanawaleensis'', ``Cyrtandra wagneri'',
``Melicope remyi'' (as added February 2, 2023, at 88 FR 7134, and
effective May 3, 2023), ``Phyllostegia floribunda'', ``Pittosporum
hawaiiense'', ``Schiedea diffusa ssp. macraei'', ``Schiedea
hawaiiensis'', and ``Stenogyne cranwelliae'' under Flowering Plants to
read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Listing citations and
Scientific name Common name Where listed Status applicable rules
----------------------------------------------------------------------------------------------------------------
Flowering Plants
* * * * * * *
Bidens hillebrandiana ssp. Kookoolau........ Wherever found... E................ 78 FR 64638, 10/29/
hillebrandiana. 2013; 50 CFR
17.99(k).\CH\
* * * * * * *
Cyanea marksii................. Haha............. Wherever found... E................ 78 FR 64638, 10/29/
2013; 50 CFR
17.99(k).\CH\
* * * * * * *
Cyanea tritomantha............. Aku.............. Wherever found... E................ 78 FR 64638, 10/29/
2013; 50 CFR
17.99(k).\CH\
* * * * * * *
Cyrtandra nanawaleensis........ Haiwale.......... Wherever found... E................ 78 FR 64638, 10/29/
2013; 50 CFR
17.99(k).\CH\
* * * * * * *
Cyrtandra wagneri.............. Haiwale.......... Wherever found... E................ 78 FR 64638, 10/29/
2013; 50 CFR
17.99(k).\CH\
* * * * * * *
Melicope remyi................. No common name... Wherever found... E................ 78 FR 64638, 10/29/
2013; 50 CFR
17.99(k).\CH\
* * * * * * *
Phyllostegia floribunda........ No common name... Wherever found... E................ 78 FR 64638, 10/29/
2013; 50 CFR
17.99(k).\CH\
* * * * * * *
Pittosporum hawaiiense......... Hoawa, haawa..... Wherever found... E................ 78 FR 64638, 10/29/
2013; 50 CFR
17.99(k).\CH\
* * * * * * *
Schiedea diffusa ssp. macraei.. No common name... Wherever found... E................ 78 FR 64638, 10/29/
2013; 50 CFR
17.99(k).\CH\
* * * * * * *
Schiedea hawaiiensis........... Maolioli......... Wherever found... E................ 78 FR 64638, 10/29/
2013; 50 CFR
17.99(k).\CH\
* * * * * * *
Stenogyne cranwelliae.......... No common name... Wherever found... E................ 78 FR 64638, 10/29/
2013; 50 CFR
17.99(k).\CH\
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 18797]]
0
4. In Sec. 17.95, amend paragraph (i) by adding an entry for
``Hawaiian picture-wing fly (Drosophila digressa)'', following the
entry for ``Hawaiian picture-wing fly (Drosophila differens)'' to read
as follows:
Sec. 17.95 Critical habitat--fish and wildlife.
* * * * *
(i) * * *
Hawaiian picture-wing fly (Drosophila digressa)
(1) Critical habitat units are depicted for Hawaii County, Hawaii,
on the maps in this entry.
(2) Within these areas, the physical or biological features
essential to the conservation of Hawaiian picture-wing fly consist of
the following components:
(i) In units 1, 2, 5, 6, 7, 8, and 9, the physical or biological
features essential to the conservation of Hawaiian picture-wing fly,
which are the features of the wet forest ecosystem, are:
(A) Elevation of less than 7,300 feet (ft) (2,225 meters (m)).
(B) Annual precipitation that is greater than 98 inches (in) (250
centimeters (cm)).
(C) Substrate of very weathered soils to rocky substrate, basaltic
lava, undeveloped soils, or developed soils.
(D) Canopy contains one or more of the following native plant
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros,
Myrsine, Pittosporum, Psychotria.
(E) Subcanopy contains one or more of the following native plant
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea,
Vaccinium.
(F) Understory contains one or more of the following native plant
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia,
Peperomia, Stenogyne.
(ii) In unit 3, the physical or biological features essential to
the conservation of Hawaiian picture-wing fly, which are features of
both the wet forest ecosystem and the mesic forest ecosystem, are the
physical and biological features described in paragraph (2)(i)(A)
through (F) of this entry for units 1, 2, 5, 6, 7, 8, and 9, and in
paragraph (2)(iii)(A) through (F) of this entry for unit 4.
(iii) In unit 4, the physical or biological features essential to
the conservation of Hawaiian picture-wing fly, which are features of
the mesic forest ecosystem, are:
(A) Elevation of less than 6,600 ft (2,000 m).
(B) Annual precipitation of 39 to 150 in (100 to 380 cm).
(C) Substrate of rocky, shallow, organic muck soils; rocky talus
soils; shallow soils over weathered rock; deep soils over soft
weathered rock; or gravelly alluvium.
(D) Canopy contains one or more of the following native plant
genera: Acacia, Antidesma, Charpentiera, Chrysodracon, Metrosideros,
Myrsine, Nestegis, Pisonia, Santalum.
(E) Subcanopy contains one or more of the following native plant
genera: Coprosma, Freycinetia, Leptecophylla, Myoporum, Pipturus,
Rubus, Sadleria, Sophora.
(F) Understory contains one or more of the following native plant
genera: Ctenitis, Doodia, Dryopteris, Pelea, Sadleria.
(3) Existing humanmade features and structures, such as buildings,
aqueducts, runways, roads, and other paved areas, and the land on which
they are located existing within the legal boundaries are not included
in the critical habitat designation.
(4) Data layers defining map units were created based on summaries
of occurrences and landcover layers including habitat characteristics
that indicate the physical or biological features essential to the
conservation of the Hawaiian picture-wing fly. Coordinates were created
using World Geodetic System 1984 (WGS84). The maps in this entry, as
modified by any accompanying regulatory text, establish the boundaries
of the critical habitat designation. The coordinates or plot points or
both on which each map is based are available to the public at https://www.regulations.gov at Docket No. FWS-R1-ES-2023-0017, and at the field
office responsible for this designation. You may obtain field office
location information by contacting one of the Service regional offices,
the addresses of which are listed at 50 CFR 2.2.
(5) Index map follows:
BILLING CODE 4333-15-P
Figure 1 to Hawaiian picture-wing fly (Drosophila digressa) paragraph
(5)
Critical Habitat for Drosophila digressa
Hawaii Island, HI
Index Map
[[Page 18798]]
[GRAPHIC] [TIFF OMITTED] TP29MR23.024
[[Page 18799]]
(6) Drosophila digressa--Unit 1, Hawaii County, Hawaii.
(i) Drosophila digressa--Unit 1 consists of 16,272 ac (6,585 ha) of
wet forest ecosystem from Ookala to Maulua Nui on the northeastern
slope of Maunakea. Lands within this unit include approximately 4,097
ac (1,658 ha) in Federal ownership, 10,644 ac (4,307 ha) in State
ownership, and 1,531 ac (619 ha) in private or other ownership. Federal
lands within this unit are within the Hakalau Forest National Wildlife
Refuge Hakalau Forest Unit. State lands within this unit are part of
the Hilo Forest Reserve Humuula, Laupahoehoe, and Piha Sections; the
Laupahoehoe Natural Area Reserve; and the Manowaialee Forest Reserve.
(ii) Map of Drosophila digressa--Unit 1 follows:
Figure 2 to Hawaiian picture-wing fly (Drosophila digressa) paragraph
(6)(ii)
Critical Habitat for Drosophila digressa
Hawaii Island, HI
Unit 1
[GRAPHIC] [TIFF OMITTED] TP29MR23.025
(7) Drosophila digressa--Unit 2, Hawaii County, Hawaii.
(i) Drosophila digressa--Unit 2 consists of 32,091 ac (12,987 ha)
of wet forest ecosystem from Olaa to Upper Waiakea on the eastern slope
of Mauna Loa and partially on the northern slope of Kilauea Volcano.
Lands within this unit include approximately 7,877 ac (3,188 ha) in
Federal ownership, 23,898 ac (9,671 ha) in State ownership, and 316 ac
(128 ha) in private or other ownership. Federal lands in this unit are
within the Hawaii Volcanoes National Park. State lands in this unit are
part of the Hilo Forest Reserve Kukuau Section, Olaa Forest Reserve
Mountain View Section, Upper Wai[amacr]kea Forest Reserve,
Wai[amacr]kea Forest Reserve, Puu Makaala Natural Area Reserve, and
Waiakea 1942 Lava Flow Natural Area Reserve.
(ii) Map of Drosophila digressa--Unit 2 follows:
Figure 3 to Hawaiian picture-wing fly (Drosophila digressa) paragraph
(7)(ii)
Critical Habitat for Drosophila digressa
Hawaii Island, HI
Unit 2
[GRAPHIC] [TIFF OMITTED] TP29MR23.026
(8) Drosophila digressa--Unit 3, Hawaii County, Hawaii.
(i) Drosophila digressa--Unit 3 consists of 8,781 ac (3,554 ha) of
wet and mesic forest ecosystems at Kahuku on the southern slopes of
Mauna Loa. Lands within this unit include approximately 8,769 ac (3,549
ha) in Federal ownership and 12 ac (5 ha) in State ownership. Federal
lands within this unit are within Hawaii Volcanoes National Park.
State-owned lands in this unit are part of the Ka[revaps][umacr] Forest
Reserve.
(ii) Map of Drosophila digressa--Unit 3 follows:
Figure 4 to Hawaiian picture-wing fly (Drosophila digressa) paragraph
(8)(ii)
Critical Habitat for Drosophila digressa
Hawaii Island, HI
Unit 3
[GRAPHIC] [TIFF OMITTED] TP29MR23.027
(9) Drosophila digressa--Unit 4, Hawaii County, Hawaii.
(i) Drosophila digressa--Unit 4 consists of 167 ac (67 ha) of mesic
forest ecosystem at Manuka on the southern slopes of Mauna Loa. Lands
within this unit are entirely in State ownership and are part of the
Manuka Natural Area Reserve.
(ii) Map of Drosophila digressa--Unit 4 follows:
[[Page 18800]]
Figure 5 to Hawaiian picture-wing fly (Drosophila digressa) paragraph
(9)(ii)
Critical Habitat for Drosophila digressa
Hawaii Island, HI
Unit 4
[GRAPHIC] [TIFF OMITTED] TP29MR23.028
(10) Drosophila digressa--Unit 5, Hawaii County, Hawaii.
(i) Drosophila digressa--Unit 5 consists of 3,412 ac (1,381 ha) of
wet forest ecosystem from Kipahoehoe to Honomalino on the southwestern
slopes of Mauna Loa. Lands within this unit include approximately 411
ac (166 ha) in State ownership and 3,001 ac (1,214 ha) in private or
other ownership . State-owned lands in this unit are part of the
Kipahoehoe Natural Area Reserve and South Kona Forest Reserve Kapua-
Manuk[amacr] Section. Some private lands are owned by The Nature
Conservancy, within the Kona Hema Preserve.
(ii) Map of Drosophila digressa--Unit 5, Drosophila digressa--Unit
6, Drosophila digressa--Unit 7, Drosophila digressa--Unit 8, and
Drosophila digressa--Unit 9 follows:
Figure 6 to Hawaiian picture-wing fly (Drosophila digressa) paragraph
(10)(ii)
Critical Habitat for Drosophila digressa
Hawaii Island, HI
Unit 5, Unit 6, Unit 7, Unit 8, and Unit 9
[GRAPHIC] [TIFF OMITTED] TP29MR23.029
BILLING CODE 4333-15-C
(11) Drosophila digressa--Unit 6, Hawaii County, Hawaii.
(i) Drosophila digressa--Unit 6 consists of 1,399 ac (566 ha) of
wet forest ecosystem in Kipahoehoe on the southwestern slopes of Mauna
Loa. Lands within this unit include approximately 1,395 ac (565 ha) in
State ownership and 4 ac (2 ha) in private or other ownership. State-
owned lands in this unit are managed by the State of Hawaii as part of
the Kipahoehoe Natural Area Reserve.
(ii) Map of Drosophila digressa--Unit 6 is provided at paragraph
(10)(ii) of this entry.
(12) Drosophila digressa--Unit 7, Hawaii County, Hawaii.
(i) Drosophila digressa--Unit 7 consists of 1,346 ac (545 ha) of
wet forest ecosystem from Kukuiopae to Olelomoana on the southwestern
slopes of Mauna Loa. Lands within this unit include approximately 1,202
ac (486 ha) in State ownership and 144 ac (58 ha) in private or other
ownership. State-owned lands in this unit are part of the South Kona
Forest Reserve Kukuiopae Section.
(ii) Map of Drosophila digressa--Unit 7 is provided at paragraph
(10)(ii) of this entry.
(13) Drosophila digressa--Unit 8, Hawaii County, Hawaii.
(i) Drosophila digressa--Unit 8 consists of 661 ac (267 ha) of wet
forest ecosystem in Kaohe on the southwestern slopes of Mauna Loa.
Lands within this unit include approximately 353 ac (143 ha) in State
ownership and 308 ac (125 ha) in private or other ownership. State-
owned lands in this unit are part of the South Kona Forest Reserve,
Kaohe Section and Kukuiopae Section.
(ii) Map of Drosophila digressa--Unit 8 is provided at paragraph
(10)(ii) of this entry.
(14) Drosophila digressa--Unit 9, Hawaii County, Hawaii.
(i) Drosophila digressa--Unit 9 consists of 1,906 ac (771 ha) of
wet forest ecosystem in Hookena on the southwestern slopes of Mauna
Loa. Lands within this unit include 1,906 ac (771 ha) of Federal land
within Hakalau Forest National Wildlife Refuge Kona Forest Unit and
less than 1 ac (less than 1 ha) of land that is privately owned or has
other ownership.
(ii) Map of Drosophila digressa--Unit 9 is provided at paragraph
(10)(ii) of this entry.
* * * * *
0
5. Amend Sec. 17.99 by:
0
a. Revising paragraphs (k) introductory text and (k)(1);
0
b. Redesignating paragraphs (k)(115) and (116) as paragraphs (k)(248)
and (249), respectively;
0
c. Redesignating paragraphs (k)(12) through (114) as paragraphs (k)(13)
through (115), respectively;
0
d. Adding a new paragraph (k)(12);
0
e. Redesignating newly redesignated paragraphs (k)(15) through (115) as
paragraphs (k)(18) through (118), respectively;
0
f. Adding new paragraphs (k)(15) through (17);
0
g. Redesignating newly redesignated paragraphs (k)(19) through (118) as
paragraphs (k)(22) through (121), respectively;
0
h. Adding new paragraphs (k)(19) through (21);
0
i. Redesignating newly redesignated paragraphs (k)(32) through (121) as
paragraphs (k)(33) through (122), respectively;
0
j. Adding a new paragraph (k)(32);
0
k. Redesignating newly redesignated paragraphs (k)(36) through (122) as
paragraphs (k)(39) through (125), respectively;
[[Page 18801]]
0
l. Adding new paragraphs (k)(36) through (38);
0
m. Redesignating newly redesignated paragraphs (k)(40) through (125) as
paragraphs (k)(43) through (128), respectively;
0
n. Adding new paragraphs (k)(40) through (42);
0
o. Redesignating newly redesignated paragraphs (k)(53) through (128) as
paragraphs (k)(59) through (134), respectively;
0
p. Adding new paragraphs (k)(53) through (58);
0
q. Redesignating newly redesignated paragraphs (k)(79) through (134) as
paragraphs (k)(81) through (136), respectively;
0
r. Adding new paragraphs (k)(79) and (80);
0
s. Redesignating newly redesignated paragraphs (k)(82) through (136) as
paragraphs (k)(90) through (144), respectively;
0
t. Redesignating newly redesignated paragraphs (k)(91) through (144) as
paragraphs (k)(92) through (145), respectively;
0
u. Adding a new paragraph (k)(91);
0
v. Redesignating newly redesignated paragraphs (k)(93) through (145) as
paragraphs (k)(97) through (149), respectively;
0
w. Adding new paragraphs (k)(93) through (96);
0
x. Redesignating newly redesignated paragraphs (k)(109) through (149)
as paragraphs (k)(112) through (152), respectively;
0
y. Adding new paragraphs (k)(109) through (111);
0
z. Redesignating newly redesignated paragraphs (k)(117) through (152)
as paragraphs (k)(120) through (155), respectively;
0
aa. Adding new paragraphs (k)(117) through (119);
0
bb. Redesignating newly redesignated paragraphs (k)(122) through (155)
as paragraphs (k)(124) through (157), respectively;
0
cc. Adding new paragraphs (k)(122) and (123);
0
dd. Redesignating newly redesignated paragraphs (k)(125) through (157)
as paragraphs (k)(129) through (161), respectively;
0
ee. Adding new paragraphs (k)(125) through (128);
0
ff. Redesignating newly redesignated paragraphs (k)(137) through (161)
as paragraphs (k)(140) through (164), respectively;
0
gg. Adding new paragraphs (k)(137) through (139);
0
hh. Redesignating newly redesignated paragraphs (k)(142) through (164)
as paragraphs (k)(143) through (165), respectively;
0
ii. Adding a new paragraph (k)(142);
0
jj. Redesignating newly redesignated paragraphs (k)(145) through (165)
as paragraphs (k)(150) through (170), respectively;
0
kk. Adding new paragraphs (k)(145) through (149);
0
ll. Redesignating newly redesignated paragraphs (k)(155) through (170)
as paragraphs (k)(156) through (171), respectively;
0
mm. Adding a new paragraph (k)(155);
0
nn. Redesignating newly redesignated paragraphs (k)(157) through (171)
as paragraphs (k)(159) through (173), respectively;
0
oo. Adding new paragraphs (k)(157) and (158);
0
pp. Redesignating newly redesignated paragraphs (k)(161) through (173)
as paragraphs (k)(162) through (174), respectively;
0
qq. Adding a new paragraph (k)(161);
0
rr. Redesignating newly redesignated paragraphs (k)(163) through (174)
as paragraphs (k)(164) through (175), respectively;
0
ss. Adding a new paragraph (k)(163);
0
tt. Redesignating newly redesignated paragraphs (k)(165) through (175)
as paragraphs (k)(166) through (176), respectively;
0
uu. Adding a new paragraph (k)(165);
0
vv. Adding new paragraphs (k)(177) through (247);
0
ww. Revising newly redesignated paragraph (k)(248); and
0
xx. In paragraph (l)(1), adding in alphabetical order entries for
``Family Asteraceae: Bidens hillebrandiana ssp. hillebrandiana
(KOOKOOLAU)'', ``Family Campanulaceae: Cyanea marksii (HAHA)'',
``Family Campanulaceae: Cyanea tritomantha (AKU)'', ``Family
Caryophyllaceae: Schiedea diffusa ssp. macraei (no common name)'',
``Family Caryophyllaceae: Schiedea hawaiiensis (MAOLIOLI)'', ``Family
Gesneriaceae: Cyrtandra nanawaleensis (HAIWALE)'', Family Gesneriaceae:
Cyrtandra wagneri (HAIWALE)'', ``Family Lamiaceae: Phyllostegia
floribunda (no common name)'', ``Family Lamiaceae: Stenogyne
cranwelliae (no common name)'', ``Family Pittosporaceae: Pittosporum
hawaiiense (HOAWA, HAAWA)'', and ``Family Rutaceae: Melicope remyi (no
common name)''.
The revisions and additions read as follows:
Sec. 17.99 Critical habitat; plants on the Hawaiian Islands, HI.
* * * * *
(k) Maps and critical habitat unit descriptions for the island of
Hawaii, HI. Critical habitat units are described below. Coordinates
were created using World Geodetic System 1984 (WGS84). The following
map shows the general locations of the critical habitat units
designated on the island of Hawaii. Existing humanmade features and
structures, such as buildings, aqueducts, runways, roads, and other
paved areas, and the land on which they are located existing within the
legal boundaries are not included in the critical habitat designation.
Federal actions limited to those areas, therefore, would not trigger a
consultation under section 7 of the Act unless they may affect the
species or physical or biological features in adjacent critical
habitat.
(1) Note: Map 1, Index map, follows:
BILLING CODE 4333-15-P
Map 1
Hawaii Critical Habitat--Island Index Map
[[Page 18802]]
[GRAPHIC] [TIFF OMITTED] TP29MR23.030
[[Page 18803]]
* * * * *
(12) Hawaii 3-Cyanea tritomantha-a (12,059 ac; 4,880 ha).
(i) This unit is also critical habitat for Hawaii 3-Cyrtandra
wagneri-a, Hawaii 3-Melicope remyi-a, Hawaii 3-Phyllostegia floribunda-
a, Hawaii 3-Pittosporum hawaiiense-a, Hawaii 3-Schiedea diffusa ssp.
macraei-a, and Hawaii 3-Stenogyne cranwelliae-a (see paragraphs
(k)(15), (k)(16), (k)(17), (k)(19), (k)(20), (k)(21), respectively, of
this section).
(ii) Map 11a follows:
Map 11a
Hawaii 3-Cyanea tritomantha-a, Hawaii 3-Cyrtandra wagneri-a, Hawaii 3-
Melicope remyi-a, Hawaii 3-Phyllostegia floribunda-a, Hawaii 3-
Pittosporum hawaiiense-a, Hawaii 3-Schiedea diffusa ssp. macraei-a,
Hawaii 3-Stenogyne cranwelliae-a
[GRAPHIC] [TIFF OMITTED] TP29MR23.031
* * * * *
(15) Hawaii 3-Cyrtandra wagneri-a (12,059 ac; 4,880 ha). See
paragraph (k)(12)(ii) of this section for the map of this unit.
(16) Hawaii 3-Melicope remyi-a (12,059 ac; 4,880 ha). See paragraph
(k)(12)(ii) of this section for the map of this unit.
(17) Hawaii 3-Phyllostegia floribunda-a (12,059 ac; 4,880 ha). See
paragraph (k)(12)(ii) of this section for the map of this unit.
* * * * *
(19) Hawaii 3-Pittosporum hawaiiense-a (12,059 ac; 4,880 ha). See
paragraph (k)(12)(ii) of this section for the map of this unit.
(20) Hawaii 3-Schiedea diffusa ssp. macraei-a (12,059 ac; 4,880
ha). See paragraph (k)(12)(ii) of this section for the map of this
unit.
(21) Hawaii 3-Stenogyne cranwelliae-a (12,059 ac; 4,880 ha). See
paragraph (k)(12)(ii) of this section for the map of this unit.
* * * * *
(32) Hawaii 6-Bidens hillebrandiana ssp. hillebrandiana-a (2 ac; 1
ha).
(i) [Reserved].
(ii) Map 24a follows:
Map 24a
Hawaii 6-Bidens hillebrandiana ssp. hillebrandiana-a
[GRAPHIC] [TIFF OMITTED] TP29MR23.032
* * * * *
(36) Hawaii 8-Cyanea tritomantha-b (6,805 ac; 2,754 ha).
(i) This unit is also critical habitat for Hawaii 8-Melicope remyi-
b, Hawaii 8-Phyllostegia floribunda-b, Hawaii 8-Pittosporum hawaiiense-
b, Hawaii 8-Schiedea diffusa ssp. macraei-b, and Hawaii 8-Stenogyne
cranwelliae-b (see paragraphs (k)(37), (k)(38), (k)(40), (k)(41), and
(k)(42), respectively, of this section).
(ii) Map 27a follows:
Map 27a
Hawaii 8-Cyanea tritomantha-b, Hawaii 8-Melicope remyi-b, Hawaii 8-
Phyllostegia floribunda-b, Hawaii 8-Pittosporum hawaiiense-b, Hawaii 8-
Schiedea diffusa ssp. macraei-b, Hawaii 8-Stenogyne cranwelliae-b
[GRAPHIC] [TIFF OMITTED] TP29MR23.033
(37) Hawaii 8-Melicope remyi-b (6,805 ac; 2,754 ha). See paragraph
(k)(36)(ii) of this section for the map of this unit.
(38) Hawaii 8-Phyllostegia floribunda-b (6,805 ac; 2,754 ha). See
paragraph (k)(36)(ii) of this section for the map of this unit.
* * * * *
(40) Hawaii 8-Pittosporum hawaiiense-b (6,805 ac; 2,754 ha). See
paragraph (k)(36)(ii) of this section for the map of this unit.
(41) Hawaii 8-Schiedea diffusa ssp. macraei-b (6,805 ac; 2,754 ha).
See paragraph (k)(36)(ii) of this section for the map of this unit.
(42) Hawaii 8-Stenogyne cranwelliae-b (6,805 ac; 2,754 ha). See
paragraph
[[Page 18804]]
(k)(36)(ii) of this section for the map of this unit.
* * * * *
(53) Hawaii 9-Cyanea tritomantha-c (1 ac; <1 ha).
(i) This unit is also critical habitat for Hawaii 9-Melicope remyi-
c, Hawaii 9-Phyllostegia floribunda-c, Hawaii 9-Pittosporum hawaiiense-
c, Hawaii 9-Schiedea diffusa ssp. macraei-c, and Hawaii 9-Stenogyne
cranwelliae-c (see paragraphs (k)(54), (k)(55), (k)(56), (k)(57), and
(k)(58) respectively, of this section).
(ii) Map 38a follows:
Map 38a
Hawaii 9-Cyanea tritomantha-c, Hawaii 9-Melicope remyi-c, Hawaii 9-
Phyllostegia floribunda-c, Hawaii 9-Pittosporum hawaiiense-c, Hawaii 9-
Schiedea diffusa ssp. macraei-c, Hawaii 9-Stenogyne cranwelliae-c
[GRAPHIC] [TIFF OMITTED] TP29MR23.034
(54) Hawaii 9-Melicope remyi-c (1 ac; <1 ha). See paragraph
(k)(53)(ii) of this section for the map of this unit.
(55) Hawaii 9-Phyllostegia floribunda-c (1 ac; <1 ha). See
paragraph (k)(53)(ii) of this section for the map of this unit.
(56) Hawaii 9-Pittosporum hawaiiense-c (1 ac; <1 ha). See paragraph
(k)(53)(ii) of this section for the map of this unit.
(57) Hawaii 9-Schiedea diffusa ssp. macraei-c (1 ac; <1 ha). See
paragraph (k)(53)(ii) of this section for the map of this unit.
(58) Hawaii 9-Stenogyne cranwelliae-c (1 ac; <1 ha). See paragraph
(k)(53)(ii) of this section for the map of this unit.
* * * * *
(79) Hawaii 15-Cyanea marksii-a-Section 4 (182 ac; 73 ha).
(i) This unit is also critical habitat for Hawaii 15-Phyllostegia
floribunda-d-Section 4, Hawaii 15-Pittosporum hawaiiense-d-Section 4,
Hawaii 15-Schiedea diffusa ssp. macraei-d-Section 4, and Hawaii 15-
Stenogyne cranwelliae-d-Section 4 (see paragraphs (k)(82), (k)(84),
(k)(86), and (k)(88), respectively, of this section).
(ii) Map 58a follows:
Map 58a
Hawaii 15-Cyanea marksii-a-Section 4, Hawaii 15-Cyanea marksii-b-
Section 5, Hawaii 15-Phyllostegia floribunda-d-Section 4, Hawaii 15-
Phyllostegia floribunda-e-Section 5, Hawaii 15-Pittosporum hawaiiense-
d-Section 4, Hawaii 15-Pittosporum hawaiiense-e-Section 5, Hawaii 15-
Schiedea diffusa ssp. macraei-d-Section 4, Hawaii 15-Schiedea diffusa
ssp. macraei-e-Section 5, Hawaii 15-Stenogyne cranwelliae-d-Section 4,
Hawaii 15-Stenogyne cranwelliae-e-Section 5
[[Page 18805]]
[GRAPHIC] [TIFF OMITTED] TP29MR23.035
(80) Hawaii 15-Cyanea marksii-b-Section 5 (127 ac; 51 ha).
(i) This unit is also critical habitat for Hawaii 15-Phyllostegia
floribunda-e-Section 5, Hawaii 15-Pittosporum hawaiiense-e-Section 5,
Hawaii 15-Schiedea diffusa ssp. macraei-e-Section 5, and Hawaii 15-
Stenogyne cranwelliae-e-Section 5 (see paragraphs (k)(83), (k)(85),
(k)(87), and (k)(89), respectively, of this section).
(ii) See paragraph (k)(79)(ii) of this section for the map of this
unit.
* * * * *
(82) Hawaii 15-Phyllostegia floribunda-d-Section 4 (182 ac; 73 ha).
See paragraph (k)(79)(ii) of this section for the map of this unit.
(83) Hawaii 15-Phyllostegia floribunda-e-Section 5 (127 ac; 51 ha).
See paragraph (k)(79)(ii) of this section for the map of this unit.
(84) Hawaii 15-Pittosporum hawaiiense-d-Section 4 (182 ac; 73 ha).
See paragraph (k)(79)(ii) of this section for the map of this unit.
(85) Hawaii 15-Pittosporum hawaiiense-e-Section 5 (127 ac; 51 ha).
See paragraph (k)(79)(ii) of this section for the map of this unit.
(86) Hawaii 15-Schiedea diffusa ssp. macraei-d-Section 4 (182 ac;
73 ha). See paragraph (k)(79)(ii) of this section for the map of this
unit.
(87) Hawaii 15-Schiedea diffusa ssp. macraei-e-Section 5 (127 ac;
51 ha). See paragraph (k)(79)(ii) of this section for the map of this
unit.
(88) Hawaii 15-Stenogyne cranwelliae-d-Section 4 (182 ac; 73 ha).
See paragraph (k)(79)(ii) of this section for the map of this unit.
(89) Hawaii 15-Stenogyne cranwelliae-e-Section 5 (127 ac; 51 ha).
See paragraph (k)(79)(ii) of this section for the map of this unit.
* * * * *
(91) Hawaii 16-Cyanea marksii-c (156 ac; 63 ha).
(i) This unit is also critical habitat for Hawaii 16-Phyllostegia
floribunda-f, Hawaii 16-Pittosporum hawaiiense-f, Hawaii 16-Schiedea
diffusa ssp. macraei-f, and Hawaii 16-Stenogyne cranwelliae-f (see
paragraphs (k)(93), (k)(94), (k)(95), and (k)(96), respectively, of
this section).
(ii) Map 60a follows:
Map 60a
Hawaii 16-Cyanea marksii-c, Hawaii 16-Phyllostegia floribunda-f, Hawaii
16-Pittosporum hawaiiense-f, Hawaii 16-Schiedea diffusa ssp. macraei-f,
Hawaii 16-Stenogyne cranwelliae-f
[GRAPHIC] [TIFF OMITTED] TP29MR23.036
* * * * *
(93) Hawaii 16-Phyllostegia floribunda-f (156 ac; 63 ha). See
paragraph (k)(91)(ii) of this section for the map of this unit.
(94) Hawaii 16-Pittosporum hawaiiense-f (156 ac; 63 ha). See
paragraph (k)(91)(ii) of this section for the map of this unit.
(95) Hawaii 16-Schiedea diffusa ssp. macraei-f (156 ac; 63 ha). See
paragraph (k)(91)(ii) of this section for the map of this unit.
(96) Hawaii 16-Stenogyne cranwelliae-f (156 ac; 63 ha). See
paragraph (k)(91)(ii) of this section for the map of this unit.
* * * * *
(109) Hawaii 23-Cyrtandra wagneri-b (9 ac; 4 ha).
(i) This unit is also critical habitat for Hawaii 23-Phyllostegia
floribunda-g and Hawaii 23-Pittosporum hawaiiense-g (see paragraphs
(k)(110) and (k)(111), respectively, of this section).
(ii) Map 73a follows:
Map 73a
Hawaii 23-Cyrtandra wagneri-b, Hawaii 23-Phyllostegia floribunda-g,
Hawaii 23-Pittosporum hawaiiense-g
[GRAPHIC] [TIFF OMITTED] TP29MR23.037
(110) Hawaii 23-Phyllostegia floribunda-g (9 ac; 4 ha). See
paragraph (k)(109)(ii) of this section for the map of this unit.
[[Page 18806]]
(111) Hawaii 23-Pittosporum hawaiiense-g (9 ac; 4 ha). See
paragraph (k)(109)(ii) of this section for the map of this unit.
* * * * *
(117) Hawaii 24-Cyanea tritomantha-d-Section 8 (2,081 ac; 842 ha).
(i) This unit is also critical habitat for Hawaii 24-Cyrtandra
wagneri-c-Section 8, Hawaii 24-Pittosporum hawaiiense-h-Section 8,
Hawaii 24-Schiedea diffusa ssp. macraei-g-Section 8, and Hawaii 24-
Stenogyne cranwelliae-g-Section 8 (see paragraphs (k)(118), (k)(122),
(k)(125), and (k)(127), respectively, of this section).
(ii) Map 78a follows:
Map 78a
Hawaii 24-Cyanea tritomantha-d-Section 8, Hawaii 24-Cyrtandra wagneri-
c-Section 8, Hawaii 24-Cyrtandra wagneri-d-Section 9, Hawaii 24-
Pittosporum hawaiiense-h-Section 8, Hawaii 24-Pittosporum hawaiiense-i-
Section 9, Hawaii 24-Schiedea diffusa ssp. macraei-g-Section 8, Hawaii
24-Schiedea diffusa ssp. macraei-h-Section 9, Hawaii 24-Stenogyne
cranwelliae-g-Section 8, Hawaii 24-Stenogyne cranwelliae-h-Section 9
[GRAPHIC] [TIFF OMITTED] TP29MR23.038
(118) Hawaii 24-Cyrtandra wagneri-c-Section 8 (2,081 ac; 842 ha).
See paragraph (k)(117)(ii) of this section for the map of this unit.
(119) Hawaii 24-Cyrtandra wagneri-d-Section 9 (101 ac; 41 ha)
(i) This unit is also critical habitat for Hawaii 24-Pittosporum
hawaiiense-i-Section 9, Hawaii 24-Schiedea diffusa ssp. macraei-h-
Section 9, and Hawaii 24-Stenogyne cranwelliae-h-Section 9 (see
paragraphs (k)(123), (k)(126), and (k)(128), respectively, of this
section).
(ii) See paragraph (k)(117)(ii) of this section for the map of this
unit.
* * * * *
(122) Hawaii 24-Pittosporum hawaiiense-h-Section 8 (2,081 ac; 842
ha). See paragraph (k)(117)(ii) of this section for the map of this
unit.
(123) Hawaii 24-Pittosporum hawaiiense-i-Section 9 (101 ac; 41 ha).
See paragraph (k)(117)(ii) of this section for the map of this unit.
* * * * *
(125) Hawaii 24-Schiedea diffusa ssp. macraei-g-Section 8 (2,081
ac; 842 ha). See paragraph (k)(117)(ii) of this section for the map of
this unit.
(126) Hawaii 24-Schiedea diffusa ssp. macraei-h-Section 9 (101 ac;
41 ha). See paragraph (k)(117)(ii) of this section for the map of this
unit.
(127) Hawaii 24-Stenogyne cranwelliae-g-Section 8 (2,081 ac; 842
ha). See paragraph (k)(117)(ii) of this section for the map of this
unit.
(128) Hawaii 24-Stenogyne cranwelliae-h-Section 9 (101 ac; 41 ha).
See paragraph (k)(117)(ii) of this section for the map of this unit.
* * * * *
(137) Hawaii 28-Cyrtandra nanawaleensis-a (155 ac; 63 ha).
(i) This unit is also critical habitat for Hawaii 28-Cyrtandra
wagneri-e and Hawaii 28-Phyllostegia floribunda-h (see paragraphs
(k)(138) and (k)(139), respectively, of this section).
(ii) Map 89a follows:
Map 89a
Hawaii 28-Cyrtandra nanawaleensis-a, Hawaii 28-Cyrtandra wagneri-e,
Hawaii 28-Phyllostegia floribunda-h
[GRAPHIC] [TIFF OMITTED] TP29MR23.039
(138) Hawaii 28-Cyrtandra wagneri-e (155 ac; 63 ha). See paragraph
(k)(137)(ii) of this section for the map of this unit.
(139) Hawaii 28-Phyllostegia floribunda-h (155 ac; 63 ha). See
paragraph (k)(137)(ii) of this section for the map of this unit.
* * * * *
(142) Hawaii 29-Cyanea tritomantha-e (494 ac; 200 ha).
(i) This unit is also critical habitat for Hawaii 29-Cyrtandra
wagneri-f, Hawaii 29-Phyllostegia floribunda-i, Hawaii 29-Pittosporum
hawaiiense-j, Hawaii 29-Schiedea diffusa ssp. macraei-i, and Hawaii 29-
Stenogyne cranwelliae-i (see paragraphs (k)(145), (k)(146), (k)(147),
(k)(148), and (k)(149), respectively, of this section).
(ii) Map 91a follows:
Map 91a
Hawaii 29-Cyanea tritomantha-e, Hawaii 29-Cyrtandra wagneri-f, Hawaii
29-Phyllostegia floribunda-i, Hawaii 29-Pittosporum hawaiiense-j,
Hawaii 29-Schiedea diffusa ssp. macraei-i, Hawaii 29-Stenogyne
cranwelliae-i
[[Page 18807]]
[GRAPHIC] [TIFF OMITTED] TP29MR23.040
* * * * *
(145) Hawaii 29-Cyrtandra wagneri-f (494 ac; 200 ha). See paragraph
(k)(142)(ii) of this section for the map of this unit.
(146) Hawaii 29-Phyllostegia floribunda-i (494 ac; 200 ha). See
paragraph (k)(142)(ii) of this section for the map of this unit.
(147) Hawaii 29-Pittosporum hawaiiense-j (494 ac; 200 ha). See
paragraph (k)(142)(ii) of this section for the map of this unit.
(148) Hawaii 29-Schiedea diffusa ssp. macraei-i (494 ac; 200 ha).
See paragraph (k)(142)(ii) of this section for the map of this unit.
(149) Hawaii 29-Stenogyne cranwelliae-i (494 ac; 200 ha). See
paragraph (k)(142)(ii) of this section for the map of this unit.
* * * * *
(155) Hawaii 30-Cyanea tritomantha-f (13,732 ac; 5,557 ha).
(i) This unit is also critical habitat for Hawaii 30-Cyrtandra
wagneri-g, Hawaii 30-Phyllostegia floribunda-j, Hawaii 30-Pittosporum
hawaiiense-k, Hawaii 30-Schiedea diffusa ssp. macraei-j, and Hawaii 30-
Stenogyne cranwelliae-j (see paragraphs (k)(170), (k)(171), (k)(172),
(k)(173), and (k)(174), respectively, of this section).
(ii) Map 98a follows:
Map 98a
Hawaii 30-Cyanea tritomantha-f, Hawaii 30-Cyrtandra wagneri-g, Hawaii
30-Phyllostegia floribunda-j, Hawaii 30-Pittosporum hawaiiense-k,
Hawaii 30-Schiedea diffusa ssp. macraei-j, Hawaii 30-Stenogyne
cranwelliae-j
[GRAPHIC] [TIFF OMITTED] TP29MR23.041
* * * * *
(157) Hawaii 30-Cyrtandra wagneri-g (13,732 ac; 5,557 ha). See
paragraph (k)(155)(ii) of this section for the map of this unit.
(158) Hawaii 30-Phyllostegia floribunda-j (13,732 ac; 5,557 ha).
See paragraph (k)(155)(ii) of this section for the map of this unit.
* * * * *
(161) Hawaii 30-Pittosporum hawaiiense-k (13,732 ac; 5,557 ha). See
paragraph (k)(155)(ii) of this section for the map of this unit.
* * * * *
(163) Hawaii 30-Schiedea diffusa ssp. macraei-j (13,732 ac; 5,557
ha). See paragraph (k)(155)(ii) of this section for the map of this
unit.
* * * * *
(165) Hawaii 30-Stenogyne cranwelliae-j (13,732 ac; 5,557 ha). See
paragraph (k)(155)(ii) of this section for the map of this unit.
* * * * *
(177) Hawaii 37-Cyanea marksii-d (1,906 ac; 771 ha)
(i) This unit is also critical habitat for Hawaii 37-Phyllostegia
floribunda-k, Hawaii 37-Pittosporum hawaiiense-l, Hawaii 37-Schiedea
diffusa ssp. macraei-k, and Hawaii 37-Stenogyne cranwelliae-k (see
paragraphs (k)(178), (k)(179), (k)(180), and (k)(181), respectively, of
this section).
(ii) Map 106 follows:
Map 106
Hawaii 37-Cyanea marksii-d, Hawaii 37-Phyllostegia floribunda-k, Hawaii
37-Pittosporum hawaiiense-l, Hawaii 37-Schiedea diffusa ssp. macraei-k,
Hawaii 37-Stenogyne cranwelliae-k
[GRAPHIC] [TIFF OMITTED] TP29MR23.042
(178) Hawaii 37-Phyllostegia floribunda-k (1,906 ac; 771 ha). See
paragraph (k)(177)(ii) of this section for the map of this unit.
(179) Hawaii 37-Pittosporum hawaiiense-l (1,906 ac; 771 ha). See
paragraph (k)(177)(ii) of this section for the map of this unit.
(180) Hawaii 37-Schiedea diffusa ssp. macraei-k (1,906 ac; 771 ha).
See paragraph (k)(177)(ii) of this section for the map of this unit.
[[Page 18808]]
(181) Hawaii 37-Stenogyne cranwelliae-k (1,906 ac; 771 ha). See
paragraph (k)(177)(ii) of this section for the map of this unit.
(182) Hawaii 38-Cyanea marksii-e (534 ac; 216 ha).
(i) This unit is also critical habitat for Hawaii 38-Phyllostegia
floribunda-l, Hawaii 38-Pittosporum hawaiiense-m, Hawaii 38-Schiedea
diffusa ssp. macraei-l, and Hawaii 38-Stenogyne cranwelliae-l (see
paragraphs (k)(183), (k)(184), (k)(185), and (k)(186), respectively, of
this section).
(ii) Map 107 follows:
Map 107
Hawaii 38-Cyanea marksii-e, Hawaii 38-Phyllostegia floribunda-l, Hawaii
38-Pittosporum hawaiiense-m, Hawaii 38-Schiedea diffusa ssp. macraei-l,
Hawaii 38-Stenogyne cranwelliae-l
[GRAPHIC] [TIFF OMITTED] TP29MR23.043
(183) Hawaii 38-Phyllostegia floribunda-l (534 ac; 216 ha). See
paragraph (k)(182)(ii) of this section for the map of this unit.
(184) Hawaii 38-Pittosporum hawaiiense-m (534 ac; 216 ha). See
paragraph (k)(182)(ii) of this section for the map of this unit.
(185) Hawaii 38-Schiedea diffusa ssp. macraei-l (534 ac; 216 ha).
See paragraph (k)(182)(ii) of this section for the map of this unit.
(186) Hawaii 38-Stenogyne cranwelliae-l (534 ac; 216 ha). See
paragraph (k)(182)(ii) of this section for the map of this unit.
(187) Hawaii 39-Cyanea marksii-f (1,164 ac; 471 ha)
(i) This unit is also critical habitat for Hawaii 39-Phyllostegia
floribunda-m, Hawaii 39-Pittosporum hawaiiense-n, Hawaii 39-Schiedea
diffusa ssp. macraei-m, and Hawaii 39-Stenogyne cranwelliae-m (see
paragraphs (k)(188), (k)(189), (k)(190), and (k)(191), respectively, of
this section).
(ii) Map 108 follows:
Map 108
Hawaii 39-Cyanea marksii-f, Hawaii 39-Phyllostegia floribunda-m, Hawaii
39-Pittosporum hawaiiense-n, Hawaii 39-Schiedea diffusa ssp. macraei-m,
Hawaii 39-Stenogyne cranwelliae-m
[GRAPHIC] [TIFF OMITTED] TP29MR23.044
(188) Hawaii 39-Phyllostegia floribunda-m (1,164 ac; 471 ha). See
paragraph (k)(187)(ii) of this section for the map of this unit.
(189) Hawaii 39-Pittosporum hawaiiense-n (1,164 ac; 471 ha). See
paragraph (k)(187)(ii) of this section for the map of this unit.
(190) Hawaii 39-Schiedea diffusa ssp. macraei-m (1,164 ac; 471 ha).
See paragraph (k)(187)(ii) of this section for the map of this unit.
(191) Hawaii 39-Stenogyne cranwelliae-m (1,164 ac; 471 ha). See
paragraph (k)(187)(ii) of this section for the map of this unit.
(192) Hawaii 40-Cyanea marksii-g (1,243 ac; 503 ha)
(i) This unit is also critical habitat for Hawaii 40-Phyllostegia
floribunda-n, Hawaii 40-Pittosporum hawaiiense-o, Hawaii 40-Schiedea
diffusa ssp. macraei-n, and Hawaii 40-Stenogyne cranwelliae-n (see
paragraphs (k)(193), (k)(194), (k)(195), and (k)(196), respectively, of
this section).
(ii) Map 109 follows:
Map 109
Hawaii 40-Cyanea marksii-g, Hawaii 40-Phyllostegia floribunda-n, Hawaii
40-Pittosporum hawaiiense-o, Hawaii 40-Schiedea diffusa ssp. macraei-n,
Hawaii 40-Stenogyne cranwelliae-n
[GRAPHIC] [TIFF OMITTED] TP29MR23.045
(193) Hawaii 40-Phyllostegia floribunda-n (1,243 ac; 503 ha). See
paragraph (k)(192)(ii) of this section for the map of this unit.
(194) Hawaii 40-Pittosporum hawaiiense-o (1,243 ac; 503 ha). See
[[Page 18809]]
paragraph (k)(192)(ii) of this section for the map of this unit.
(195) Hawaii 40-Schiedea diffusa ssp. macraei-n (1,243 ac; 503 ha).
See paragraph (k)(192)(ii) of this section for the map of this unit.
(196) Hawaii 40-Stenogyne cranwelliae-n (1,243 ac; 503 ha). See
paragraph (k)(192)(ii) of this section for the map of this unit.
(197) Hawaii 41-Cyanea marksii-h (3,412 ac; 1,381 ha)
(i) This unit is also critical habitat for Hawaii 41-Phyllostegia
floribunda-o, Hawaii 41-Pittosporum hawaiiense-p, Hawaii 41-Schiedea
diffusa ssp. macraei-o, and Hawaii 41-Stenogyne cranwelliae-o (see
paragraphs (k)(198), (k)(199), (k)(200), and (k)(201), respectively, of
this section).
(ii) Map 110 follows:
Map 110
Hawaii 41-Cyanea marksii-h, Hawaii 41-Phyllostegia floribunda-o, Hawaii
41-Pittosporum hawaiiense-p, Hawaii 41-Schiedea diffusa ssp. macraei-o,
Hawaii 41-Stenogyne cranwelliae-o
[GRAPHIC] [TIFF OMITTED] TP29MR23.046
(198) Hawaii 41-Phyllostegia floribunda-o (3,412 ac; 1,381 ha). See
paragraph (k)(197)(ii) of this section for the map of this unit.
(199) Hawaii 41-Pittosporum hawaiiense-p (3,412 ac; 1,381 ha). See
paragraph (k)(197)(ii) of this section for the map of this unit.
(200) Hawaii 41-Schiedea diffusa ssp. macraei-o (3,412 ac; 1,381
ha). See paragraph (k)(197)(ii) of this section for the map of this
unit.
(201) Hawaii 41-Stenogyne cranwelliae-o (3,412 ac; 1,381 ha). See
paragraph (k)(197)(ii) of this section for the map of this unit.
(202) Hawaii 42-Cyanea tritomantha-g (8,781 ac; 3,554 ha).
(i) This unit is also critical habitat for Hawaii 42-Cyrtandra
wagneri-h, Hawaii 42-Phyllostegia floribunda-p, Hawaii 42-Pittosporum
hawaiiense-q, Hawaii 42-Schiedea diffusa ssp. macraei-p, and Hawaii 42-
Stenogyne cranwelliae-p (see paragraphs (k)(203), (k)(204), (k)(205),
(k)(206), and (k)(207), respectively, of this section).
(ii) Map 111 follows:
Map 111
Hawaii 42-Cyanea tritomantha-g, Hawaii 42-Cyrtandra wagneri-h, Hawaii
42-Phyllostegia floribunda-p, Hawaii 42-Pittosporum hawaiiense-q,
Hawaii 42-Schiedea diffusa ssp. macraei-p, Hawaii 42-Stenogyne
cranwelliae-p
[GRAPHIC] [TIFF OMITTED] TP29MR23.047
(203) Hawaii 42-Cyrtandra wagneri-h (8,781 ac; 3,554 ha). See
paragraph (k)(202)(ii) of this section for the map of this unit.
(204) Hawaii 42-Phyllostegia floribunda-p (8,781 ac; 3,554 ha). See
paragraph (k)(202)(ii) of this section for the map of this unit.
(205) Hawaii 42-Pittosporum hawaiiense-q (8,781 ac; 3,554 ha). See
paragraph (k)(202)(ii) of this section for the map of this unit.
(206) Hawaii 42-Schiedea diffusa ssp. macraei-p (8,781 ac; 3,554
ha). See paragraph (k)(202)(ii) of this section for the map of this
unit.
(207) Hawaii 42-Stenogyne cranwelliae-p (8,781 ac; 3,554 ha). See
paragraph (k)(202)(ii) of this section for the map of this unit.
(208) Hawaii 43-Cyrtandra wagneri-i (5,872 ac; 2,376 ha).
(i) This unit is also critical habitat for Hawaii 43-Pittosporum
hawaiiense-r, Hawaii 43-Schiedea diffusa ssp. macraei-q, and Hawaii 43-
Stenogyne cranwelliae-q (see paragraphs (k)(209), (k)(210), and
(k)(211), respectively, of this section).
(ii) Map 112 follows:
Map 112
Hawaii 43-Cyrtandra wagneri-i, Hawaii 43-Pittosporum hawaiiense-r,
Hawaii 43-Schiedea diffusa ssp. macraei-q, Hawaii 43-Stenogyne
cranwelliae-q
[[Page 18810]]
[GRAPHIC] [TIFF OMITTED] TP29MR23.048
(209) Hawaii 43-Pittosporum hawaiiense-r (5,872 ac; 2,376 ha). See
paragraph (k)(208)(ii) of this section for the map of this unit.
(210) Hawaii 43-Schiedea diffusa ssp. macraei-q (5,872 ac; 2,376
ha). See paragraph (k)(208)(ii) of this section for the map of this
unit.
(211) Hawaii 43-Stenogyne cranwelliae-q (5,872 ac; 2,376 ha). See
paragraph (k)(208)(ii) of this section for the map of this unit.
(212) Hawaii 44-Cyanea tritomantha-h (6,406 ac; 2,593 ha).
(i) This unit is also critical habitat for Hawaii 44-Cyrtandra
wagneri-j, Hawaii 44-Pittosporum hawaiiense-s, Hawaii 44-Schiedea
diffusa ssp. macraei-r, and Hawaii 44-Stenogyne cranwelliae-r (see
paragraphs (k)(213), (k)(214), (k)(215), and (k)(216), respectively, of
this section).
(ii) Map 113 follows:
Map 113
Hawaii 44-Cyanea tritomantha-h, Hawaii 44-Cyrtandra wagneri-j, Hawaii
44-Pittosporum hawaiiense-s, Hawaii 44-Schiedea diffusa ssp. macraei-r,
Hawaii 44-Stenogyne cranwelliae-r
[GRAPHIC] [TIFF OMITTED] TP29MR23.049
(213) Hawaii 44-Cyrtandra wagneri-j (6,406 ac; 2,593 ha). See
paragraph (k)(212)(ii) of this section for the map of this unit.
(214) Hawaii 44-Pittosporum hawaiiense-s (6,406 ac; 2,593 ha). See
paragraph (k)(212)(ii) of this section for the map of this unit.
(215) Hawaii 44-Schiedea diffusa ssp. macraei-r (6,406 ac; 2,593
ha). See paragraph (k)(212)(ii) of this section for the map of this
unit.
(216) Hawaii 44-Stenogyne cranwelliae-r (6,406 ac; 2,593 ha). See
paragraph (k)(212)(ii) of this section for the map of this unit.
(217) Hawaii 45-Cyrtandra wagneri-k (5,494 ac; 2,223 ha).
(i) This unit is also critical habitat for Hawaii 45-Phyllostegia
floribunda-q and Hawaii 45-Pittosporum hawaiiense-t (see paragraphs
(k)(218) and (k)(219), respectively, of this section).
(ii) Map 114 follows:
Map 114
Hawaii 45-Cyrtandra wagneri-k, Hawaii 45-Phyllostegia floribunda-q,
Hawaii 45-Pittosporum hawaiiense-t
[GRAPHIC] [TIFF OMITTED] TP29MR23.050
(218) Hawaii 45-Phyllostegia floribunda-q (5,494 ac; 2,223 ha). See
paragraph (k)(217)(ii) of this section for the map of this unit.
(219) Hawaii 45-Pittosporum hawaiiense-t (5,494 ac; 2,223 ha). See
paragraph (k)(217)(ii) of this section for the map of this unit.
(220) Hawaii 46-Cyrtandra nanawaleensis-b (12,219 ac; 4,945 ha)
(i) This unit is also critical habitat for Hawaii 46-Cyrtandra
wagneri-l and Hawaii 46-Phyllostegia floribunda-r (see paragraphs
(k)(221) and (k)(222), respectively, of this section).
(ii) Map 115 follows:
Map 115
Hawaii 46-Cyrtandra nanawaleensis-b, Hawaii 46-Cyrtandra wagneri-l,
Hawaii 46-Phyllostegia floribunda-r
[[Page 18811]]
[GRAPHIC] [TIFF OMITTED] TP29MR23.051
(221) Hawaii 46-Cyrtandra wagneri-l (12,219 ac; 4,945 ha). See
paragraph (k)(220)(ii) of this section for the map of this unit.
(222) Hawaii 46-Phyllostegia floribunda-r (12,219 ac; 4,945 ha).
See paragraph (k)(220)(ii) of this section for the map of this unit.
(223) Hawaii 47-Cyrtandra nanawaleensis-c (274 ac; 111 ha)
(i) [Reserved].
(ii) Map 116 follows:
Map 116
Hawaii 47-Cyrtandra nanawaleensis-c, Hawaii 48-Cyrtandra nanawaleensis-
d
[GRAPHIC] [TIFF OMITTED] TP29MR23.052
(224) Hawaii 48-Cyrtandra nanawaleensis-d (589 ac; 238 ha). See
paragraph (k)(223)(ii) of this section for the map of this unit.
(225) Hawaii 49-Cyrtandra nanawaleensis-e (875 ac; 354 ha)
(i) [Reserved].
(ii) Map 117 follows:
Map 117
Hawaii 49-Cyrtandra nanawaleensis-e, Hawaii 50-Cyrtandra nanawaleensis-
f
[GRAPHIC] [TIFF OMITTED] TP29MR23.053
(226) Hawaii 50-Cyrtandra nanawaleensis-f (562 ac; 227 ha). See
paragraph (k)(225)(ii) of this section for the map of this unit.
(227) Hawaii 51-Cyanea tritomantha-i (17,865 ac; 7,230 ha)
(i) This unit is also critical habitat for Hawaii 51-Cyrtandra
wagneri-m, Hawaii 51-Phyllostegia floribunda-s, Hawaii 51-Pittosporum
hawaiiense-u, Hawaii 51-Schiedea diffusa ssp. macraei-s, and Hawaii 51-
Stenogyne cranwelliae-s (see paragraphs (k)(228), (k)(229), (k)(230),
(k)(231), and (k)(232), respectively, of this section).
(ii) Map 118 follows:
Map 118
Hawaii 51-Cyanea tritomantha-i, Hawaii 51-Cyrtandra wagneri-m, Hawaii
51-Phyllostegia floribunda-s, Hawaii 51-Pittosporum hawaiiense-u,
Hawaii 51-Schiedea diffusa ssp. macraei-s, Hawaii 51-Stenogyne
cranwelliae-s
[[Page 18812]]
[GRAPHIC] [TIFF OMITTED] TP29MR23.054
(228) Hawaii 51-Cyrtandra wagneri-m (17,865 ac; 7,230 ha). See
paragraph (k)(227)(ii) of this section for the map of this unit.
(229) Hawaii 51-Phyllostegia floribunda-s (17,865 ac; 7,230 ha).
See paragraph (k)(227)(ii) of this section for the map of this unit.
(230) Hawaii 51-Pittosporum hawaiiense-u (17,865 ac; 7,230 ha). See
paragraph (k)(227)(ii) of this section for the map of this unit.
(231) Hawaii 51-Schiedea diffusa ssp. macraei-s (17,865 ac; 7,230
ha). See paragraph (k)(227)(ii) of this section for the map of this
unit.
(232) Hawaii 51-Stenogyne cranwelliae-s (17,865 ac; 7,230 ha). See
paragraph (k)(227)(ii) of this section for the map of this unit.
(233) Hawaii 52-Cyanea tritomantha-j (4,213 ac; 1,705 ha).
(i) This unit is also critical habitat for Hawaii 52-Cyrtandra
wagneri-n, Hawaii 52-Melicope remyi-d, Hawaii 52-Phyllostegia
floribunda-t, Hawaii 52-Pittosporum hawaiiense-v, Hawaii 52-Schiedea
diffusa ssp. macraei-t, and Hawaii 52-Stenogyne cranwelliae-t (see
paragraphs (k)(234), (k)(235), (k)(236), (k)(237), (k)(238), and
(k)(239), respectively, of this section).
(ii) Map 119 follows:
Map 119
Hawaii 52-Cyanea tritomantha-j, Hawaii 52-Cyrtandra wagneri-n, Hawaii
52-Melicope remyi-d, Hawaii 52-Phyllostegia floribunda-t, Hawaii 52-
Pittosporum hawaiiense-v, Hawaii 52-Schiedea diffusa ssp. macraei-t,
Hawaii 52-Stenogyne cranwelliae-t
[GRAPHIC] [TIFF OMITTED] TP29MR23.055
(234) Hawaii 52-Cyrtandra wagneri-n (4,213 ac; 1,705 ha). See
paragraph (k)(233)(ii) of this section for the map of this unit.
(235) Hawaii 52-Melicope remyi-d (4,213 ac; 1,705 ha). See
paragraph (k)(233)(ii) of this section for the map of this unit.
(236) Hawaii 52-Phyllostegia floribunda-t (4,213 ac; 1,705 ha). See
paragraph (k)(233)(ii) of this section for the map of this unit.
(237) Hawaii 52-Pittosporum hawaiiense-v (4,213 ac; 1,705 ha). See
paragraph (k)(233)(ii) of this section for the map of this unit.
(238) Hawaii 52-Schiedea diffusa ssp. macraei-t (4,213 ac; 1,705
ha). See paragraph (k)(233)(ii) of this section for the map of this
unit.
(239) Hawaii 52-Stenogyne cranwelliae-t (4,213 ac; 1,705 ha). See
paragraph (k)(233)(ii) of this section for the map of this unit.
(240) Hawaii 53-Bidens hillebrandiana ssp. hillebrandiana-b (325
ac; 132 ha)
(i) [Reserved].
(ii) Map 120 follows:
Map 120
Hawaii 53-Bidens hillebrandiana ssp. hillebrandiana-b
[GRAPHIC] [TIFF OMITTED] TP29MR23.056
(241) Hawaii 54-Cyanea tritomantha-k (7,651 ac; 3,096 ha)
(i) This unit is also critical habitat for Hawaii 54-Melicope
remyi-e, Hawaii 54-Phyllostegia floribunda-u, Hawaii 54-Pittosporum
hawaiiense-w, Hawaii 54-Schiedea diffusa ssp. macraei-u, and Hawaii 54-
Stenogyne cranwelliae-u (see paragraphs (k)(242), (k)(243), (k)(244),
(k)(245), and (k)(246), respectively, of this section).
(ii) Map 121 follows:
Map 121
Hawaii 54-Cyanea tritomantha-k, Hawaii 54-Melicope remyi-e, Hawaii 54-
Phyllostegia floribunda-u, Hawaii 54-Pittosporum hawaiiense-w, Hawaii
54-Schiedea diffusa ssp. macraei-u, Hawaii 54-Stenogyne cranwelliae-u
[[Page 18813]]
[GRAPHIC] [TIFF OMITTED] TP29MR23.057
(242) Hawaii 54-Melicope remyi-e (7,651 ac; 3,096 ha). See
paragraph (k)(241)(ii) of this section for the map of this unit.
(243) Hawaii 54-Phyllostegia floribunda-u (7,651 ac; 3,096 ha). See
paragraph (k)(241)(ii) of this section for the map of this unit.
(244) Hawaii 54-Pittosporum hawaiiense-w (7,651 ac; 3,096 ha). See
paragraph (k)(241)(ii) of this section for the map of this unit.
(245) Hawaii 54-Schiedea diffusa ssp. macraei-u (7,651 ac; 3,096
ha). See paragraph (k)(241)(ii) of this section for the map of this
unit.
(246) Hawaii 54-Stenogyne cranwelliae-u (7,651 ac; 3,096 ha). See
paragraph (k)(241)(ii) of this section for the map of this unit.
(247) Hawaii 55-Schiedea hawaiiensis-a (6,822 ac; 2,761 ha)
(i) [Reserved].
(ii) Map 122 follows:
Map 122
Hawaii 55-Schiedea hawaiiensis-a
[GRAPHIC] [TIFF OMITTED] TP29MR23.058
BILLING CODE 4333-15-C
(248) Table of Protected Species Within Each Critical Habitat Unit
for the Island of Hawaii.
------------------------------------------------------------------------
Unit name Species occupied Species unoccupied
------------------------------------------------------------------------
Hawaii 1--Clermontia Clermontia Clermontia
lindseyana-a. lindseyana. lindseyana.
Hawaii 1--Clermontia peleana- Clermontia peleana.. Clermontia peleana.
a.
Hawaii 1--Clermontia .................... Clermontia
pyrularia-a. pyrularia.
Hawaii 1--Cyanea shipmanii-a Cyanea shipmanii.... Cyanea shipmanii.
Hawaii 1--Phyllostegia Phyllostegia Phyllostegia
racemosa-a. racemosa. racemosa.
Hawaii 2--Clermontia Clermontia Clermontia
lindseyana-b. lindseyana. lindseyana.
Hawaii 2--Clermontia Clermontia pyrularia Clermontia
pyrularia-b. pyrularia.
Hawaii 2--Phyllostegia Phyllostegia Phyllostegia
racemosa-b. racemosa. racemosa.
Hawaii 3--Clermontia peleana- Clermontia peleana.. Clermontia peleana.
b.
Hawaii 3--Cyanea platyphylla- Cyanea platyphylla.. Cyanea platyphylla.
a.
Hawaii 3--Cyanea tritomantha- Cyanea tritomantha.. Cyanea tritomantha.
a.
Hawaii 3--Cyrtandra Cyrtandra giffardii. Cyrtandra giffardii.
giffardii-a.
Hawaii 3--Cyrtandra Cyrtandra Cyrtandra
tintinnabula-a. tintinnabula. tintinnabula.
Hawaii 3--Cyrtandra wagneri- Cyrtandra wagneri... Cyrtandra wagneri.
a.
Hawaii 3--Melicope remyi-a.. Melicope remyi...... Melicope remyi.
Hawaii 3--Phyllostegia Phyllostegia Phyllostegia
floribunda-a. floribunda. floribunda.
Hawaii 3--Phyllostegia Phyllostegia Phyllostegia
warshaueri-a. warshaueri. warshaueri.
Hawaii 3--Pittosporum .................... Pittosporum
hawaiiense-a. hawaiiense.
Hawaii 3--Schiedea diffusa .................... Schiedea diffusa
ssp. macraei-a. ssp. macraei.
Hawaii 3--Stenogyne Stenogyne Stenogyne
cranwelliae-a. cranwelliae. cranwelliae.
Hawaii 4--Isodendrion .................... Isodendrion hosakae.
hosakae-a.
Hawaii 4--Isodendrion .................... Isodendrion hosakae.
hosakae-b.
Hawaii 4--Isodendrion .................... Isodendrion hosakae.
hosakae-c.
Hawaii 4--Isodendrion .................... Isodendrion hosakae.
hosakae-d.
Hawaii 4--Isodendrion .................... Isodendrion hosakae.
hosakae-e.
Hawaii 4--Isodendrion Isodendrion hosakae. Isodendrion hosakae.
hosakae-f.
Hawaii 4--Vigna o-wahuensis- .................... Vigna o-wahuensis.
a.
Hawaii 4--Vigna o-wahuensis- .................... Vigna o-wahuensis.
b.
Hawaii 4--Vigna o-wahuensis- .................... Vigna o-wahuensis.
c.
Hawaii 5--Nothocestrum .................... Nothocestrum
breviflorum-a. breviflorum.
[[Page 18814]]
Hawaii 6--Bidens Bidens Bidens
hillebrandiana ssp. hillebrandiana ssp. hillebrandiana ssp.
hillebrandiana-a. hillebrandiana. hillebrandiana.
Hawaii 6--Nothocestrum Nothocestrum Nothocestrum
breviflorum-b. breviflorum. breviflorum.
Hawaii 7--Pleomele Pleomele hawaiiensis Pleomele
hawaiiensis-a. hawaiiensis.
Hawaii 8--Clermontia Clermontia Clermontia
drepanomorpha-a. drepanomorpha. drepanomorpha.
Hawaii 8--Cyanea tritomantha- Cyanea tritomantha.. Cyanea tritomantha.
b.
Hawaii 8--Melicope remyi-b.. .................... Melicope remyi.
Hawaii 8--Phyllostegia .................... Phyllostegia
floribunda-b. floribunda.
Hawaii 8--Phyllostegia Phyllostegia Phyllostegia
warshaueri-b. warshaueri. warshaueri.
Hawaii 8--Pittosporum Pittosporum Pittosporum
hawaiiense-b,. hawaiiense. hawaiiense.
Hawaii 8--Schiedea diffusa Schiedea diffusa Schiedea diffusa
ssp. macraei-b. ssp. macraei. ssp. macraei.
Hawaii 8--Stenogyne Stenogyne Stenogyne
cranwelliae-b. cranwelliae. cranwelliae.
Hawaii 9--Achyranthes mutica- .................... Achyranthes mutica.
a.
Hawaii 9--Achyranthes mutica- Achyranthes mutica.. Achyranthes mutica.
b.
Hawaii 9--Achyranthes mutica- .................... Achyranthes mutica.
c.
Hawaii 9--Achyranthes mutica- .................... Achyranthes mutica.
d.
Hawaii 9--Achyranthes mutica- .................... Achyranthes mutica.
e.
Hawaii 9--Achyranthes mutica- .................... Achyranthes mutica.
f.
Hawaii 9--Achyranthes mutica- .................... Achyranthes mutica.
g.
Hawaii 9--Achyranthes mutica- .................... Achyranthes mutica.
h.
Hawaii 9--Achyranthes mutica- .................... Achyranthes mutica.
i.
Hawaii 9--Achyranthes mutica- .................... Achyranthes mutica.
j.
Hawaii 9--Cyanea tritomantha- Cyanea tritomantha.. Cyanea tritomantha.
c.
Hawaii 9--Melicope remyi-c.. .................... Melicope remyi.
Hawaii 9--Phyllostegia .................... Phyllostegia
floribunda-c. floribunda.
Hawaii 9--Pittosporum Pittosporum Pittosporum
hawaiiense-c. hawaiiense. hawaiiense.
Hawaii 9--Schiedea diffusa Schiedea diffusa Schiedea diffusa
ssp. macraei-c. ssp. macraei. ssp. macraei.
Hawaii 9--Stenogyne Stenogyne Stenogyne
cranwelliae-c. cranwelliae. cranwelliae.
Hawaii 10--Argyroxiphium .................... Argyroxiphium
kauense-a. kauense.
Hawaii 10--Bidens micrantha .................... Bidens micrantha
ssp. ctenophylla-a. ssp. ctenophylla.
Hawaii 10--Bonamia menziesii- .................... Bonamia menziesii.
a.
Hawaii 10--Colubrina Colubrina Colubrina
oppositifolia-a. oppositifolia. oppositifolia.
Hawaii 10--Delissea undulata- .................... Delissea undulata.
a.
Hawaii 10--Delissea undulata- Delissea undulata... Delissea undulata.
b.
Hawaii 10--Hibiscadelphus Hibiscadelphus Hibiscadelphus
hualalaiensis-a. hualalaiensis. hualalaiensis.
Hawaii 10--Hibiscus Hibiscus Hibiscus
brackenridgei-a. brackenridgei. brackenridgei.
Hawaii 10--Isodendrion .................... Isodendrion
pyrifolium-a. pyrifolium.
Hawaii 10--Mezoneuron Mezoneuron kavaiense Mezoneuron
kavaiense-a. kavaiense.
Hawaii 10--Neraudia ovata-a. .................... Neraudia ovata.
Hawaii 10--Nothocestrum Nothocestrum Nothocestrum
breviflorum-c. breviflorum. breviflorum.
Hawaii 10--Pleomele Pleomele hawaiiensis Pleomele
hawaiiensis-b. hawaiiensis.
Hawaii 10--Solanum .................... Solanum incompletum.
incompletum-a.
Hawaii 10--Zanthoxylum Zanthoxylum Zanthoxylum
dipetalum ssp. tomentosum-a. dipetalum ssp. dipetalum ssp.
tomentosum. tomentosum.
Hawaii 11--Cyanea Cyanea hamatiflora Cyanea hamatiflora
hamatiflora ssp. carlsonii- ssp. carlsonii. ssp. carlsonii.
a.
Hawaii 11--Solanum .................... Solanum incompletum.
incompletum-b.
Hawaii 14--Cyanea .................... Cyanea hamatiflora
hamatiflora ssp. carlsonii- ssp. carlsonii.
b.
Hawaii 15--Cyanea .................... Cyanea hamatiflora
hamatiflora ssp. carlsonii- ssp. carlsonii.
c.
Hawaii 15--Cyanea marksii-a- Cyanea marksii...... Cyanea marksii.
Section 4.
Hawaii 15--Cyanea marksii-b- Cyanea marksii...... Cyanea marksii.
Section 5.
Hawaii 15--Cyanea Cyanea stictophylla. Cyanea stictophylla.
stictophylla-a.
Hawaii 15--Phyllostegia Phyllostegia Phyllostegia
floribunda-d-Section 4. floribunda. floribunda.
Hawaii 15--Phyllostegia .................... Phyllostegia
floribunda-e-Section 5. floribunda.
Hawaii 15--Pittosporum Pittosporum Pittosporum
hawaiiense-d-Section 4. hawaiiense. hawaiiense.
Hawaii 15--Pittosporum .................... Pittosporum
hawaiiense-e-Section 5. hawaiiense.
Hawaii 15--Schiedea diffusa .................... Schiedea diffusa
ssp. macraei-d-Section 4. ssp. macraei.
Hawaii 15--Schiedea diffusa .................... Schiedea diffusa
ssp. macraei-e-Section 5. ssp. macraei.
Hawaii 15--Stenogyne .................... Stenogyne
cranwelliae-d-Section 4. cranwelliae.
Hawaii 15--Stenogyne .................... Stenogyne
cranwelliae-e-Section 5. cranwelliae.
Hawaii 16--Cyanea Cyanea hamatiflora Cyanea hamatiflora
hamatiflora ssp. carlsonii- ssp. carlsonii. ssp. carlsonii.
d.
Hawaii 16--Cyanea marksii-c. Cyanea marksii...... Cyanea marksii.
Hawaii 16--Cyanea Cyanea stictophylla. Cyanea stictophylla.
stictophylla-b.
Hawaii 16--Phyllostegia Phyllostegia Phyllostegia
floribunda-f. floribunda. floribunda.
Hawaii 16--Pittosporum .................... Pittosporum
hawaiiense-f. hawaiiense.
Hawaii 16--Schiedea diffusa .................... Schiedea diffusa
ssp. macraei-f. ssp. macraei.
Hawaii 16--Stenogyne .................... Stenogyne
cranwelliae-f. cranwelliae.
Hawaii 17--Diellia erecta-a. Diellia erecta...... Diellia erecta.
Hawaii 17--Flueggea Flueggea neowawraea. Flueggea neowawraea.
neowawraea-a.
Hawaii 18--Colubrina Colubrina Colubrina
oppositifolia-b. oppositifolia. oppositifolia.
[[Page 18815]]
Hawaii 18--Diellia erecta-b. Diellia erecta...... Diellia erecta.
Hawaii 18--Flueggea Flueggea neowawraea. Flueggea neowawraea.
neowawraea-b.
Hawaii 18--Gouania vitifolia- Gouania vitifolia... Gouania vitifolia.
a.
Hawaii 18--Neraudia ovata-d. Neraudia ovata...... Neraudia ovata.
Hawaii 18--Pleomele Pleomele hawaiiensis Pleomele
hawaiiensis-c. hawaiiensis.
Hawaii 19--Mariscus fauriei- Mariscus fauriei.... Mariscus fauriei.
a.
Hawaii 20--Sesbania Sesbania tomentosa.. Sesbania tomentosa.
tomentosa-a.
Hawaii 21--Ischaemum byrone- .................... Ischaemum byrone.
a.
Hawaii 22--Ischaemum byrone- Ischaemum byrone.... Ischaemum byrone.
b.
Hawaii 23--Cyrtandra wagneri- .................... Cyrtandra wagneri.
b.
Hawaii 23--Phyllostegia Phyllostegia Phyllostegia
floribunda-g. floribunda. floribunda.
Hawaii 23--Pittosporum Pittosporum Pittosporum
hawaiiense-g. hawaiiense. hawaiiense.
Hawaii 23--Pleomele Pleomele hawaiiensis Pleomele
hawaiiensis-d. hawaiiensis.
Hawaii 23--Sesbania Sesbania tomentosa.. Sesbania tomentosa.
tomentosa-b.
Hawaii 24--Argyroxiphium Argyroxiphium Argyroxiphium
kauense-b. kauense. kauense.
Hawaii 24--Asplenium fragile Asplenium fragile Asplenium fragile
var. insulare-a. var. insulare. var. insulare.
Hawaii 24--Cyanea .................... Cyanea stictophylla.
stictophylla-c.
Hawaii 24--Cyanea Cyanea tritomantha.. Cyanea tritomantha.
tritomantha-d-Section 8.
Hawaii 24--Cyrtandra wagneri- .................... Cyrtandra wagneri.
c-Section 8.
Hawaii 24--Cyrtandra wagneri- .................... Cyrtandra wagneri.
d-Section 9.
Hawaii 24--Melicope .................... Melicope
zahlbruckneri-a. zahlbruckneri.
Hawaii 24--Phyllostegia Phyllostegia Phyllostegia
velutina-a. velutina. velutina.
Hawaii 24--Pittosporum Pittosporum Pittosporum
hawaiiense-h-Section 8. hawaiiense. hawaiiense.
Hawaii 24--Pittosporum Pittosporum Pittosporum
hawaiiense-i-Section 9. hawaiiense. hawaiiense.
Hawaii 24--Plantago Plantago hawaiensis. Plantago hawaiensis.
hawaiensis-a.
Hawaii 24--Schiedea diffusa Schiedea diffusa Schiedea diffusa
ssp. macraei-g-Section 8. ssp. macraei. ssp. macraei.
Hawaii 24--Schiedea diffusa Schiedea diffusa Schiedea diffusa
ssp. macraei-h-Section 9. ssp. macraei. ssp. macraei.
Hawaii 24--Stenogyne .................... Stenogyne
cranwelliae-g-Section 8. cranwelliae.
Hawaii 24--Stenogyne .................... Stenogyne
cranwelliae-h-Section 9. cranwelliae.
Hawaii 25--Argyroxiphium Argyroxiphium Argyroxiphium
kauense-c. kauense. kauense.
Hawaii 25--Plantago Plantago hawaiensis. Plantago hawaiensis.
hawaiensis-b.
Hawaii 25--Silene Silene hawaiiensis.. Silene hawaiiensis.
hawaiiensis-a.
Hawaii 26--Hibiscadelphus Hibiscadelphus Hibiscadelphus
giffardianus-a. giffardianus. giffardianus.
Hawaii 26--Melicope Melicope Melicope
zahlbruckneri-b. zahlbruckneri. zahlbruckneri.
Hawaii 27--Portulaca Portulaca Portulaca
sclerocarpa-a. sclerocarpa. sclerocarpa.
Hawaii 27--Silene Silene hawaiiensis.. Silene hawaiiensis.
hawaiiensis-b.
Hawaii 28--Adenophorus Adenophorus periens. Adenophorus periens.
periens-a.
Hawaii 28--Cyrtandra Cyrtandra Cyrtandra
nanawaleensis-a. nanawaleensis. nanawaleensis.
Hawaii 28--Cyrtandra wagneri- .................... Cyrtandra wagneri.
e.
Hawaii 28--Phyllostegia Phyllostegia Phyllostegia
floribunda-h. floribunda. floribunda.
Hawaii 29--Clermontia Clermontia peleana.. Clermontia peleana.
peleana-c.
Hawaii 29--Cyanea Cyanea platyphylla.. Cyanea platyphylla.
platyphylla-b.
Hawaii 29--Cyanea Cyanea tritomantha.. Cyanea tritomantha.
tritomantha-e.
Hawaii 29--Cyrtandra .................... Cyrtandra giffardii.
giffardii-b.
Hawaii 29--Cyrtandra .................... Cyrtandra
tintinnabula-b. tintinnabula.
Hawaii 29--Cyrtandra wagneri- .................... Cyrtandra wagneri.
f.
Hawaii 29--Phyllostegia Phyllostegia Phyllostegia
floribunda-i. floribunda. floribunda.
Hawaii 29--Pittosporum Pittosporum Pittosporum
hawaiiense-j. hawaiiense. hawaiiense.
Hawaii 29--Schiedea diffusa Schiedea diffusa Schiedea diffusa
ssp. macraei-i. ssp. macraei. ssp. macraei.
Hawaii 29--Stenogyne .................... Stenogyne
cranwelliae-i. cranwelliae.
Hawaii 30--Argyroxiphium Argyroxiphium Argyroxiphium
kauense-d. kauense. kauense.
Hawaii 30--Clermontia Clermontia Clermontia
lindseyana-c. lindseyana. lindseyana.
Hawaii 30--Cyanea shipmanii- Cyanea shipmanii.... Cyanea shipmanii.
b.
Hawaii 30--Cyanea shipmanii- .................... Cyanea shipmanii.
c.
Hawaii 30--Cyanea .................... Cyanea stictophylla.
stictophylla-d.
Hawaii 30--Cyanea Cyanea tritomantha.. Cyanea tritomantha.
tritomantha-f.
Hawaii 30--Cyrtandra Cyrtandra giffardii. Cyrtandra giffardii.
giffardii-c.
Hawaii 30--Cyrtandra wagneri- .................... Cyrtandra wagneri.
g.
Hawaii 30--Phyllostegia Phyllostegia Phyllostegia
floribunda-j. floribunda. floribunda.
Hawaii 30--Phyllostegia .................... Phyllostegia
racemosa-c. racemosa.
Hawaii 30--Phyllostegia Phyllostegia Phyllostegia
velutina-b. velutina. velutina.
Hawaii 30--Pittosporum Pittosporum Pittosporum
hawaiiense-k. hawaiiense. hawaiiense.
Hawaii 30--Plantago Plantago hawaiensis. Plantago hawaiensis.
hawaiensis-c.
Hawaii 30--Schiedea diffusa Schiedea diffusa Schiedea diffusa
ssp. macraei-j. ssp. macraei. ssp. macraei.
Hawaii 30--Sicyos alba-a.... Sicyos alba......... Sicyos alba.
Hawaii 30--Stenogyne .................... Stenogyne
cranwelliae-j. cranwelliae.
Hawaii 31--Bidens micrantha .................... Bidens micrantha
ssp. ctenophylla-b. ssp. ctenophylla.
Hawaii 31--Isodendrion .................... Isodendrion
pyrifolium-b. pyrifolium.
Hawaii 31--Mezoneuron Mezoneuron kavaiense Mezoneuron
kavaiense-b. kavaiense.
Hawaii 33--Bidens micrantha .................... Bidens micrantha
ssp. ctenophylla-d. ssp. ctenophylla
[[Page 18816]]
Hawaii 33--Isodendrion .................... Isodendrion
pyrifolium-d. pyrifolium.
Hawaii 33--Mezoneuron .................... Mezoneuron
kavaiense-d. kavaiense.
Hawaii 34--Bidens micrantha .................... Bidens micrantha
ssp. ctenophylla-e. ssp. ctenophylla.
Hawaii 34--Isodendrion .................... Isodendrion
pyrifolium-e. pyrifolium.
Hawaii 34--Mezoneuron .................... Mezoneuron
kavaiense-e. kavaiense.
Hawaii 36--Bidens micrantha Bidens micrantha Bidens micrantha
ssp. ctenophylla-g. ssp. ctenophylla. ssp. ctenophylla.
Hawaii 36--Isodendrion .................... Isodendrion
pyrifolium-g. pyrifolium.
Hawaii 37--Cyanea marksii-d. Cyanea marksii...... Cyanea marksii.
Hawaii 37--Phyllostegia .................... Phyllostegia
floribunda-k. floribunda.
Hawaii 37--Pittosporum .................... Pittosporum
hawaiiense-l. hawaiiense.
Hawaii 37--Schiedea diffusa .................... Schiedea diffusa
ssp. macraei-k. ssp. macraei.
Hawaii 37--Stenogyne .................... Stenogyne
cranwelliae-k. cranwelliae.
Hawaii 38--Cyanea marksii-e. Cyanea marksii...... Cyanea marksii.
Hawaii 38--Phyllostegia .................... Phyllostegia
floribunda-l. floribunda.
Hawaii 38--Pittosporum .................... Pittosporum
hawaiiense-m. hawaiiense.
Hawaii 38--Schiedea diffusa .................... Schiedea diffusa
ssp. macraei-l. ssp. macraei.
Hawaii 38--Stenogyne .................... Stenogyne
cranwelliae-l. cranwelliae.
Hawaii 39--Cyanea marksii-f. Cyanea marksii...... Cyanea marksii.
Hawaii 39--Phyllostegia Phyllostegia Phyllostegia
floribunda-m. floribunda. floribunda.
Hawaii 39--Pittosporum Pittosporum Pittosporum
hawaiiense-n. hawaiiense. hawaiiense.
Hawaii 39--Schiedea diffusa .................... Schiedea diffusa
ssp. macraei-m. ssp. macraei.
Hawaii 39--Stenogyne .................... Stenogyne
cranwelliae-m. cranwelliae.
Hawaii 40--Cyanea marksii-g. Cyanea marksii...... Cyanea marksii.
Hawaii 40--Phyllostegia Phyllostegia Phyllostegia
floribunda-n. floribunda. floribunda.
Hawaii 40--Pittosporum .................... Pittosporum
hawaiiense-o. hawaiiense.
Hawaii 40--Schiedea diffusa .................... Schiedea diffusa
ssp. macraei-n. ssp. macraei.
Hawaii 40--Stenogyne .................... Stenogyne
cranwelliae-n. cranwelliae.
Hawaii 41--Cyanea marksii-h. Cyanea marksii...... Cyanea marksii.
Hawaii 41--Phyllostegia Phyllostegia Phyllostegia
floribunda-o. floribunda. floribunda.
Hawaii 41--Pittosporum Pittosporum Pittosporum
hawaiiense-p. hawaiiense. hawaiiense.
Hawaii 41--Schiedea diffusa .................... Schiedea diffusa
ssp. macraei-o. ssp. macraei.
Hawaii 41--Stenogyne .................... Stenogyne
cranwelliae-o. cranwelliae.
Hawaii 42--Cyanea .................... Cyanea tritomantha.
tritomantha-g.
Hawaii 42--Cyrtandra wagneri- .................... Cyrtandra wagneri.
h.
Hawaii 42--Phyllostegia .................... Phyllostegia
floribunda-p. floribunda.
Hawaii 42--Pittosporum Pittosporum Pittosporum
hawaiiense-q. hawaiiense. hawaiiense.
Hawaii 42--Schiedea diffusa Schiedea diffusa Schiedea diffusa
ssp. macraei-p. ssp. macraei. ssp. macraei.
Hawaii 42--Stenogyne .................... Stenogyne
cranwelliae-p. cranwelliae.
Hawaii 43--Cyrtandra wagneri- .................... Cyrtandra wagneri.
i.
Hawaii 43--Pittosporum Pittosporum Pittosporum
hawaiiense-r. hawaiiense. hawaiiense.
Hawaii 43--Schiedea diffusa Schiedea diffusa Schiedea diffusa
ssp. macraei-q. ssp. macraei. ssp. macraei.
Hawaii 43--Stenogyne .................... Stenogyne
cranwelliae-q. cranwelliae.
Hawaii 44--Cyanea Cyanea tritomantha.. Cyanea tritomantha.
tritomantha-h.
Hawaii 44--Cyrtandra wagneri- .................... Cyrtandra wagneri.
j.
Hawaii 44--Pittosporum Pittosporum Pittosporum
hawaiiense-s. hawaiiense. hawaiiense.
Hawaii 44--Schiedea diffusa Schiedea diffusa Schiedea diffusa
ssp. macraei-r. ssp. macraei. ssp. macraei.
Hawaii 44--Stenogyne .................... Stenogyne
cranwelliae-r. cranwelliae.
Hawaii 45--Cyrtandra wagneri- .................... Cyrtandra wagneri.
k.
Hawaii 45--Phyllostegia Phyllostegia Phyllostegia
floribunda-q. floribunda. floribunda.
Hawaii 45--Pittosporum Pittosporum Pittosporum
hawaiiense-t. hawaiiense. hawaiiense.
Hawaii 46--Cyrtandra Cyrtandra Cyrtandra
nanawaleensis-b. nanawaleensis. nanawaleensis.
Hawaii 46--Cyrtandra wagneri- .................... Cyrtandra wagneri.
l.
Hawaii 46--Phyllostegia Phyllostegia Phyllostegia
floribunda-r. floribunda. floribunda.
Hawaii 47--Cyrtandra Cyrtandra Cyrtandra
nanawaleensis-c. nanawaleensis. nanawaleensis.
Hawaii 48--Cyrtandra Cyrtandra Cyrtandra
nanawaleensis-d. nanawaleensis. nanawaleensis.
Hawaii 49--Cyrtandra Cyrtandra Cyrtandra
nanawaleensis-e. nanawaleensis. nanawaleensis.
Hawaii 50--Cyrtandra Cyrtandra Cyrtandra
nanawaleensis-f. nanawaleensis. nanawaleensis.
Hawaii 51--Cyanea Cyanea tritomantha.. Cyanea tritomantha.
tritomantha-i.
Hawaii 51--Cyrtandra wagneri- .................... Cyrtandra wagneri.
m.
Hawaii 51--Phyllostegia Phyllostegia Phyllostegia
floribunda-s. floribunda. floribunda.
Hawaii 51--Pittosporum Pittosporum Pittosporum
hawaiiense-u. hawaiiense. hawaiiense.
Hawaii 51--Schiedea diffusa Schiedea diffusa Schiedea diffusa
ssp. macraei-s. ssp. macraei. ssp. macraei.
Hawaii 51--Stenogyne .................... Stenogyne
cranwelliae-s. cranwelliae.
Hawaii 52--Cyanea Cyanea tritomantha.. Cyanea tritomantha.
tritomantha-j.
Hawaii 52--Cyrtandra wagneri- Cyrtandra wagneri... Cyrtandra wagneri.
n.
Hawaii 52--Melicope remyi-d. Melicope remyi...... Melicope remyi.
Hawaii 52--Phyllostegia Phyllostegia Phyllostegia
floribunda-t. floribunda. floribunda.
Hawaii 52--Pittosporum .................... Pittosporum
hawaiiense-v. hawaiiense.
Hawaii 52--Schiedea diffusa .................... Schiedea diffusa
ssp. macraei-t. ssp. macraei.
Hawaii 52--Stenogyne Stenogyne Stenogyne
cranwelliae-t. cranwelliae. cranwelliae.
Hawaii 53--Bidens Bidens Bidens
hillebrandiana ssp. hillebrandiana ssp. hillebrandiana ssp.
hillebrandiana-b. hillebrandiana. hillebrandiana.
[[Page 18817]]
Hawaii 54--Cyanea Cyanea tritomantha.. Cyanea tritomantha.
tritomantha-k.
Hawaii 54--Melicope remyi-e. .................... Melicope remyi.
Hawaii 54--Phyllostegia .................... Phyllostegia
floribunda-u. floribunda.
Hawaii 54--Pittosporum Pittosporum Pittosporum
hawaiiense-w. hawaiiense. hawaiiense.
Hawaii 54--Schiedea diffusa Schiedea diffusa Schiedea diffusa
ssp. macraei-u. ssp. macraei. ssp. macraei.
Hawaii 54--Stenogyne Stenogyne Stenogyne
cranwelliae-u. cranwelliae. cranwelliae.
Hawaii 55--Schiedea .................... Schiedea
hawaiiensis-a. hawaiiensis.
------------------------------------------------------------------------
* * * * *
(1) Plants on the island of Hawaii; Constituent elements.--(1)
Flowering plants.
* * * * *
Family Asteraceae: Bidens hillebrandiana ssp. hillebrandiana
(KOOKOOLAU)
Hawaii 6-Bidens hillebrandiana ssp. hillebrandiana-a and Hawaii 53-
Bidens hillebrandiana ssp. hillebrandiana-b, identified in the legal
descriptions in paragraph (k) of this section, constitute critical
habitat for Bidens hillebrandiana ssp. hillebrandiana on Hawaii Island.
In units Hawaii 6-Bidens hillebrandiana ssp. hillebrandiana-a and
Hawaii 53-Bidens hillebrandiana ssp. hillebrandiana-b, the physical and
biological features of critical habitat in coastal ecosystem are:
(i) Elevation: Less than 980 feet (ft) (300 meters (m)).
(ii) Annual precipitation: Less than 47 inches (in) (120
centimeters (cm)) to greater than 98 in (250 cm).
(iii) Substrate: Well-drained talus, calcareous slopes, dunes.
(iv) Canopy contains one or more of the following native plant
genera: Diospyros, Metrosideros, Myoporum, Pritchardia.
(v) Subcanopy contains one or more of the following native plant
genera: Chenopodium, Gossypium, Heliotropium, Santalum, Scaevola.
(vi) Understory contains one or more of the following native plant
genera: Eragrostis, Sesuvium, Sida, Sporobolus.
* * * * *
Family Campanulaceae: Cyanea marksii (HAHA)
Hawaii 15-Cyanea marksii-a-Section 4, Hawaii 15-Cyanea marksii-b-
Section 5, Hawaii 16-Cyanea marksii-c, Hawaii 37-Cyanea marksii-d,
Hawaii 38-Cyanea marksii-e, Hawaii 39-Cyanea marksii-f, Hawaii 40-
Cyanea marksii-g, and Hawaii 41-Cyanea marksii-h, identified in the
legal descriptions in paragraph (k) of this section, constitute
critical habitat for Cyanea marksii on Hawaii Island. In units Hawaii
15-Cyanea marksii-a-Section 4, Hawaii 15-Cyanea marksii-b-Section 5,
Hawaii 16-Cyanea marksii-c, Hawaii 37-Cyanea marksii-d, Hawaii 38-
Cyanea marksii-e, Hawaii 39-Cyanea marksii-f, Hawaii 40-Cyanea marksii-
g, and Hawaii 41-Cyanea marksii-h, the physical and biological features
of critical habitat in wet forest ecosystem are:
(i) Elevation: Less than 7,300 ft (2,225 m).
(ii) Annual precipitation: Greater than 98 in (250 cm).
(iii) Substrate: Very weathered soils to rocky substrate, basaltic
lava, undeveloped soils, developed soils.
(iv) Canopy contains one or more of the following native plant
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros,
Myrsine, Pittosporum, Psychotria.
(v) Subcanopy contains one or more of the following native plant
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea,
Vaccinium.
(vi) Understory contains one or more of the following native plant
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia,
Peperomia, Stenogyne.
* * * * *
Family Campanulaceae: Cyanea tritomantha (AKU)
Hawaii 3-Cyanea tritomantha-a, Hawaii 8-Cyanea tritomantha-b,
Hawaii 9-Cyanea tritomantha-c, Hawaii 24-Cyanea tritomantha-d, Hawaii
29-Cyanea tritomantha-e, Hawaii 30-Cyanea tritomantha-f, Hawaii 42-
Cyanea tritomantha-g, Hawaii 44-Cyanea tritomantha-h, Hawaii 51-Cyanea
tritomantha-i, Hawaii 52-Cyanea tritomantha-j, and Hawaii 54-Cyanea
tritomantha-k, identified in the legal descriptions in paragraph (k) of
this section, constitute critical habitat for Cyanea tritomantha on
Hawaii Island.
(i) In units Hawaii 3-Cyanea tritomantha-a, Hawaii 24-Cyanea
tritomantha-d, Hawaii 29-Cyanea tritomantha-e, Hawaii 30-Cyanea
tritomantha-f, Hawaii 42-Cyanea tritomantha-g, Hawaii 44-Cyanea
tritomantha-h, Hawaii 51-Cyanea tritomantha-i, and Hawaii 52-Cyanea
tritomantha-j, the physical and biological features of critical habitat
in wet forest ecosystem are:
(A) Elevation: Less than 7,300 ft (2,225 m).
(B) Annual precipitation: Greater than 98 in (250 cm).
(C) Substrate: Very weathered soils to rocky substrate, basaltic
lava, undeveloped soils, developed soils.
(D) Canopy contains one or more of the following native plant
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros,
Myrsine, Pittosporum, Psychotria.
(E) Subcanopy contains one or more of the following native plant
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea,
Vaccinium.
(F) Understory contains one or more of the following native plant
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia,
Peperomia, Stenogyne.
(ii) In units Hawaii 8-Cyanea tritomantha-b, Hawaii 9-Cyanea
tritomantha-c, and Hawaii 54-Cyanea tritomantha-k, the physical and
biological features of critical habitat in wet forest ecosystem are
those provided above in paragraphs (i)(A) through (F) of this entry,
and in wet grassland and shrubland ecosystem are:
(A) Elevation: 660 to 2,950 ft (200 to 900 m).
(B) Annual precipitation: 98 to 197 in (250 to 500 cm).
(C) Substrate: Older, weathered soils to younger, rocky substrates.
(D) Canopy contains one or more of the following native plant
genera: Ilex, Kadua, Melicope, Metrosideros, Myrsine.
(E) Subcanopy contains one or more of the following native plant
genera: Cibotium, Clermontia, Dubautia, Freycinetia, Hydrangea,
Lobelia, Pipturus, Touchardia, Urera, Vaccinium.
(F) Understory contains one or more of the following native plant
genera: Carex, Cladium, Deschampsia, Dicranopteris, Eragrostis,
Peperomia, Phyllostegia, Scaevola.
* * * * *
Family Caryophyllaceae: Schiedea diffusa ssp. macraei (no common name)
Hawaii 3-Schiedea diffusa ssp. macraei-a, Hawaii 8-Schiedea diffusa
[[Page 18818]]
ssp. macraei-b, Hawaii 9-Schiedea diffusa ssp. macraei-c, Hawaii 15-
Schiedea diffusa ssp. macraei-d-Section 4, Hawaii 15-Schiedea diffusa
ssp. macraei-e-Section 5, Hawaii 16-Schiedea diffusa ssp. macraei-f,
Hawaii 24-Schiedea diffusa ssp. macraei-g-Section 8, Hawaii 24-Schiedea
diffusa ssp. macraei-h-Section 9, Hawaii 29-Schiedea diffusa ssp.
macraei-i, Hawaii 30-Schiedea diffusa ssp. macraei-j, Hawaii 37-
Schiedea diffusa ssp. macraei-k, Hawaii 38-Schiedea diffusa ssp.
macraei-l, Hawaii 39-Schiedea diffusa ssp. macraei-m, Hawaii 40-
Schiedea diffusa ssp. macraei-n, Hawaii 41-Schiedea diffusa ssp.
macraei-o, Hawaii 42-Schiedea diffusa ssp. macraei-p, Hawaii 43-
Schiedea diffusa ssp. macraei-q, Hawaii 44-Schiedea diffusa ssp.
macraei-r, Hawaii 51-Schiedea diffusa ssp. macraei-s, Hawaii 52-
Schiedea diffusa ssp. macraei-t, and Hawaii 54-Schiedea diffusa ssp.
macraei-u, identified in the legal descriptions in paragraph (k) of
this section, constitute critical habitat for Schiedea diffusa ssp.
macraei on Hawaii Island. In units Hawaii 3-Schiedea diffusa ssp.
macraei-a, Hawaii 8-Schiedea diffusa ssp. macraei-b, Hawaii 9-Schiedea
diffusa ssp. macraei-c, Hawaii 15-Schiedea diffusa ssp. macraei-d-
Section 4, Hawaii 15-Schiedea diffusa ssp. macraei-e-Section 5, Hawaii
16-Schiedea diffusa ssp. macraei-f, Hawaii 24-Schiedea diffusa ssp.
macraei-g-Section 8, Hawaii 24-Schiedea diffusa ssp. macraei-h-Section
9, Hawaii 29-Schiedea diffusa ssp. macraei-i, Hawaii 30-Schiedea
diffusa ssp. macraei-j, Hawaii 37-Schiedea diffusa ssp. macraei-k,
Hawaii 38-Schiedea diffusa ssp. macraei-l, Hawaii 39-Schiedea diffusa
ssp. macraei-m, Hawaii 40-Schiedea diffusa ssp. macraei-n, Hawaii 41-
Schiedea diffusa ssp. macraei-o, Hawaii 42-Schiedea diffusa ssp.
macraei-p, Hawaii 43-Schiedea diffusa ssp. macraei-q, Hawaii 44-
Schiedea diffusa ssp. macraei-r, Hawaii 51-Schiedea diffusa ssp.
macraei-s, Hawaii 52-Schiedea diffusa ssp. macraei-t, and Hawaii 54-
Schiedea diffusa ssp. macraei-u, the physical and biological features
of critical habitat in wet forest ecosystem are:
(i) Elevation: Less than 7,300 ft (2,225 m).
(ii) Annual precipitation: Greater than 98 in (250 cm).
(iii) Substrate: Very weathered soils to rocky substrate, basaltic
lava, undeveloped soils, developed soils.
(iv) Canopy contains one or more of the following native plant
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros,
Myrsine, Pittosporum, Psychotria.
(v) Subcanopy contains one or more of the following native plant
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea,
Vaccinium.
(vi) Understory contains one or more of the following native plant
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia,
Peperomia, Stenogyne.
* * * * *
Family Caryophyllaceae: Schiedea hawaiiensis (MAOLIOLI)
Hawaii 55-Schiedea hawaiiensis-a, identified in the legal
descriptions in paragraph (k) of this section, constitute critical
habitat for Schiedea hawaiiensis on Hawaii Island. In unit Hawaii 55-
Schiedea hawaiiensis-a, the physical and biological features of
critical habitat in dry forest ecosystem are:
(i) Elevation: Less than 9,500 ft (2,900 m).
(ii) Annual precipitation: Less than 79 in (200 cm).
(iii) Substrate: Well-drained, sandy loams or loams from volcanic
ash or cinder; weathered basaltic lava.
(iv) Canopy contains one or more of the following native plant
genera: Acacia, Colubrina, Diospyros, Erythrina, Melicope,
Metrosideros, Myoporum, Myrsine, Sophora.
(v) Subcanopy contains one or more of the following native plant
genera: Achyranthes, Euphorbia, Leptecophylla, Nototrichium.
(vi) Understory contains one or more of the following native plant
genera: Dodonaea, Doryopteris, Heteropogon, Pellaea.
* * * * *
Family Gesneriaceae: Cyrtandra nanawaleensis (HAIWALE)
Hawaii 28-Cyrtandra nanawaleensis-a, Hawaii 46-Cyrtandra
nanawaleensis-b, Hawaii 47-Cyrtandra nanawaleensis-c, Hawaii 48-
Cyrtandra nanawaleensis-d, Hawaii 49-Cyrtandra nanawaleensis-e, and
Hawaii 50-Cyrtandra nanawaleensis-f, identified in the legal
descriptions in paragraph (k) of this section, constitute critical
habitat for Cyrtandra nanawaleensis on Hawaii Island.
(i) In units Hawaii 28-Cyrtandra nanawaleensis-a, Hawaii 46-
Cyrtandra nanawaleensis-b, Hawaii 47-Cyrtandra nanawaleensis-c, and
Hawaii 48-Cyrtandra nanawaleensis-d, the physical and biological
features of critical habitat in wet forest ecosystem are:
(A) Elevation: Less than 7,300 ft (2,225 m).
(B) Annual precipitation: Greater than 98 in (250 cm).
(C) Substrate: Very weathered soils to rocky substrate, basaltic
lava, undeveloped soils, developed soils.
(D) Canopy contains one or more of the following native plant
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros,
Myrsine, Pittosporum, Psychotria.
(E) Subcanopy contains one or more of the following native plant
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea,
Vaccinium.
(F) Understory contains one or more of the following native plant
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia,
Peperomia, Stenogyne.
(ii) In units Hawaii 49-Cyrtandra nanawaleensis-e and Hawaii 50-
Cyrtandra nanawaleensis-f, the physical and biological features of
critical habitat in wet forest ecosystem are those provided above in
paragraphs (i)(A) through (F) of this entry, and in the mesic forest
ecosystem and mesic grassland and shrubland ecosystem are:
(A) Elevation: Less than 6,600 ft (2,000 m) in mesic forest
ecosystem, and 100 to 7,500 ft (30 to 2,300 m) in mesic grassland and
shrubland ecosystem.
(B) Annual precipitation: 39 to 150 in (100 to 380 cm) in mesic
forest ecosystem, and 39 to 98 in (100 to 250 cm) in mesic grassland
and shrubland ecosystem.
(C) Substrate: Rocky, shallow, organic muck soils; rocky talus
soils; shallow soils over weathered rock; deep soils over soft
weathered rock; and gravelly alluvium in mesic forest ecosystem; and
shallow soils that frequently dry with rocky outcrops in mesic
grassland and shrubland ecosystem.
(D) Canopy contains one or more of the following native plant
genera: Acacia, Antidesma, Charpentiera, Chrysodracon, Metrosideros,
Myrsine, Nestegis, Pisonia, Santalum in mesic forest ecosystem; and
Coprosma, Metrosideros, Wilkesia in mesic grassland and shrubland
ecosystem.
(E) Subcanopy contains one or more of the following native plant
genera: Coprosma, Freycinetia, Leptecophylla, Myoporum, Pipturus,
Rubus, Sadleria, Sophora in mesic forest ecosystem; and Dodonaea,
Dubautia, Leptecophylla, Osteomeles, Sadleria, Vaccinium in mesic
grassland and shrubland ecosystem.
(F) Understory contains one or more of the following native plant
genera: Ctenitis, Doodia, Dryopteris, Pelea, Sadleria in mesic forest
ecosystem; and Bidens, Carex, Deschampsia, Dicranopteris, Dryopteris,
Eragrostis,
[[Page 18819]]
Euphorbia, Lipochaeta in mesic grassland and shrubland ecosystem.
* * * * *
Family Gesneriaceae: Cyrtandra wagneri (HAIWALE)
Hawaii 3-Cyrtandra wagneri-a, Hawaii 23-Cyrtandra wagneri-b, Hawaii
24-Cyrtandra wagneri-c-Section 8, Hawaii 24-Cyrtandra wagneri-d-Section
9, Hawaii 28-Cyrtandra wagneri-e, Hawaii 29-Cyrtandra wagneri-f, Hawaii
30-Cyrtandra wagneri-g, Hawaii 42-Cyrtandra wagneri-h, Hawaii 43-
Cyrtandra wagneri-i, Hawaii 44-Cyrtandra wagneri-j, Hawaii 45-Cyrtandra
wagneri-k, Hawaii 46-Cyrtandra wagneri-l, Hawaii 51-Cyrtandra wagneri-
m, and Hawaii 52-Cyrtandra wagneri-n, identified in the legal
descriptions in paragraph (k) of this section, constitute critical
habitat for Cyrtandra wagneri on Hawaii Island. In units Hawaii 3-
Cyrtandra wagneri-a, Hawaii 23-Cyrtandra wagneri-b, Hawaii 24-Cyrtandra
wagneri-c-Section 8, Hawaii 24-Cyrtandra wagneri-d-Section 9, Hawaii
28-Cyrtandra wagneri-e, Hawaii 29-Cyrtandra wagneri-f, Hawaii 30-
Cyrtandra wagneri-g, Hawaii 42-Cyrtandra wagneri-h, Hawaii 43-Cyrtandra
wagneri-i, Hawaii 44-Cyrtandra wagneri-j, Hawaii 45-Cyrtandra wagneri-
k, Hawaii 46-Cyrtandra wagneri-l, Hawaii 51-Cyrtandra wagneri-m, and
Hawaii 52-Cyrtandra wagneri-n, the physical and biological features of
critical habitat in wet forest ecosystem are:
(i) Elevation: Less than 7,300 ft (2,225 m).
(ii) Annual precipitation: Greater than 98 in (250 cm).
(iii) Substrate: Very weathered soils to rocky substrate, basaltic
lava, undeveloped soils, developed soils.
(iv) Canopy contains one or more of the following native plant
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros,
Myrsine, Pittosporum, Psychotria.
(v) Subcanopy contains one or more of the following native plant
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea,
Vaccinium.
(vi) Understory contains one or more of the following native plant
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia,
Peperomia, Stenogyne.
* * * * *
Family Lamiaceae: Phyllostegia floribunda (no common name)
Hawaii 3-Phyllostegia floribunda-a, Hawaii 8-Phyllostegia
floribunda-b, Hawaii 9-Phyllostegia floribunda-c, Hawaii 15-
Phyllostegia floribunda-d-Section 4, Hawaii 15-Phyllostegia floribunda-
e-Section 5, Hawaii 16-Phyllostegia floribunda-f, Hawaii 23-
Phyllostegia floribunda-g, Hawaii 28-Phyllostegia floribunda-h, Hawaii
29-Phyllostegia floribunda-i, Hawaii 30-Phyllostegia floribunda-j,
Hawaii 37-Phyllostegia floribunda-k, Hawaii 38-Phyllostegia floribunda-
l, Hawaii 39-Phyllostegia floribunda-m, Hawaii 40-Phyllostegia
floribunda-n, Hawaii 41-Phyllostegia floribunda-o, Hawaii 42-
Phyllostegia floribunda-p, Hawaii 45-Phyllostegia floribunda-q, Hawaii
46-Phyllostegia floribunda-r, Hawaii 51-Phyllostegia floribunda-s,
Hawaii 52-Phyllostegia floribunda-t, and Hawaii 54-Phyllostegia
floribunda-u, identified in the legal descriptions in paragraph (k) of
this section, constitute critical habitat for Phyllostegia floribunda
on Hawaii Island.
(i) In units Hawaii 3-Phyllostegia floribunda-a, Hawaii 15-
Phyllostegia floribunda-d-Section 4, Hawaii 15-Phyllostegia floribunda-
e-Section 5, Hawaii 16-Phyllostegia floribunda-f, Hawaii 29-
Phyllostegia floribunda-i, Hawaii 30-Phyllostegia floribunda-j, Hawaii
37-Phyllostegia floribunda-k, Hawaii 38-Phyllostegia floribunda-l,
Hawaii 39-Phyllostegia floribunda-m, Hawaii 40-Phyllostegia floribunda-
n, Hawaii 41-Phyllostegia floribunda-o, Hawaii 51-Phyllostegia
floribunda-s, and Hawaii 52-Phyllostegia floribunda-t, the physical and
biological features of critical habitat in wet forest ecosystem are:
(A) Elevation: Less than 7,300 ft (2,225 m).
(B) Annual precipitation: Greater than 98 in (250 cm).
(C) Substrate: Very weathered soils to rocky substrate, basaltic
lava, undeveloped soils, developed soils.
(D) Canopy contains one or more of the following native plant
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros,
Myrsine, Pittosporum, Psychotria.
(E) Subcanopy contains one or more of the following native plant
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea,
Vaccinium.
(F) Understory contains one or more of the following native plant
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia,
Peperomia, Stenogyne.
(ii) In units Hawaii 8-Phyllostegia floribunda-b, Hawaii 9-
Phyllostegia floribunda-c, Hawaii 23-Phyllostegia floribunda-g, Hawaii
28-Phyllostegia floribunda-h, Hawaii 45-Phyllostegia floribunda-q,
Hawaii 46-Phyllostegia floribunda-r, and Hawaii 54-Phyllostegia
floribunda-u, the physical and biological features of critical habitat
in wet forest ecosystem are those provided above in paragraphs (i)(A)
through (F) of this entry, and in wet grassland and shrubland ecosystem
are:
(A) Elevation: 660 to 2,950 ft (200 to 900 m).
(B) Annual precipitation: 98 to 197 in (250 to 500 cm).
(C) Substrate: Older, weathered soils to younger, rocky substrates.
(D) Canopy contains one or more of the following native plant
genera: Ilex, Kadua, Melicope, Metrosideros, Myrsine.
(E) Subcanopy contains one or more of the following native plant
genera: Cibotium, Clermontia, Dubautia, Freycinetia, Hydrangea,
Lobelia, Pipturus, Touchardia, Urera, Vaccinium.
(F) Understory contains one or more of the following native plant
genera: Carex, Cladium, Deschampsia, Dicranopteris, Eragrostis,
Peperomia, Phyllostegia, Scaevola.
(iii) In unit Hawaii 42-Phyllostegia floribunda-p, the physical and
biological features of critical habitat in wet forest ecosystem are
those provided above in paragraphs (i)(A) through (F) of this entry,
and in mesic forest ecosystem are:
(A) Elevation of less than 6,600 ft (2,000 m).
(B) Annual precipitation of 39 to 150 in (100 to 380 cm).
(C) Substrate of rocky, shallow, organic muck soils; rocky talus
soils; shallow soils over weathered rock; deep soils over soft
weathered rock; or gravelly alluvium.
(D) Canopy contains one or more of the following native plant
genera: Acacia, Antidesma, Charpentiera, Chrysodracon, Metrosideros,
Myrsine, Nestegis, Pisonia, Santalum.
(E) Subcanopy contains one or more of the following native plant
genera: Coprosma, Freycinetia, Leptecophylla, Myoporum, Pipturus,
Rubus, Sadleria, Sophora.
(F) Understory contains one or more of the following native plant
genera: Ctenitis, Doodia, Dryopteris, Pelea, Sadleria.
* * * * *
Family Lamiaceae: Stenogyne cranwelliae (no common name)
Hawaii 3-Stenogyne cranwelliae-a, Hawaii 8-Stenogyne cranwelliae-b,
Hawaii 9-Stenogyne cranwelliae-c, Hawaii 15-Stenogyne cranwelliae-d-
Section 4, Hawaii 15-Stenogyne cranwelliae-e-Section 5, Hawaii 16-
Stenogyne cranwelliae-f, Hawaii 24-Stenogyne cranwelliae-g-Section 8,
[[Page 18820]]
Hawaii 24-Stenogyne cranwelliae-h-Section 9, Hawaii 29-Stenogyne
cranwelliae-i, Hawaii 30-Stenogyne cranwelliae-j, Hawaii 37-Stenogyne
cranwelliae-k, Hawaii 38-Stenogyne cranwelliae-l, Hawaii 39-Stenogyne
cranwelliae-m, Hawaii 40-Stenogyne cranwelliae-n, Hawaii 41-Stenogyne
cranwelliae-o, Hawaii 42-Stenogyne cranwelliae-p, Hawaii 43-Stenogyne
cranwelliae-q, Hawaii 44-Stenogyne cranwelliae-r, Hawaii 51-Stenogyne
cranwelliae-s, Hawaii 52-Stenogyne cranwelliae-t, and Hawaii 54-
Stenogyne cranwelliae-u, identified in the legal descriptions in
paragraph (k) of this section, constitute critical habitat for
Stenogyne cranwelliae on Hawaii Island. In units Hawaii 3-Stenogyne
cranwelliae-a, Hawaii 8-Stenogyne cranwelliae-b, Hawaii 9-Stenogyne
cranwelliae-c, Hawaii 15-Stenogyne cranwelliae-d-Section 4, Hawaii 15-
Stenogyne cranwelliae-e-Section 5, Hawaii 16-Stenogyne cranwelliae-f,
Hawaii 24-Stenogyne cranwelliae-g-Section 8, Hawaii 24-Stenogyne
cranwelliae-h-Section 9, Hawaii 29-Stenogyne cranwelliae-i, Hawaii 30-
Stenogyne cranwelliae-j, Hawaii 37-Stenogyne cranwelliae-k, Hawaii 38-
Stenogyne cranwelliae-l, Hawaii 39-Stenogyne cranwelliae-m, Hawaii 40-
Stenogyne cranwelliae-n, Hawaii 41-Stenogyne cranwelliae-o, Hawaii 42-
Stenogyne cranwelliae-p, Hawaii 43-Stenogyne cranwelliae-q, Hawaii 44-
Stenogyne cranwelliae-r, Hawaii 51-Stenogyne cranwelliae-s, Hawaii 52-
Stenogyne cranwelliae-t, and Hawaii 54-Stenogyne cranwelliae-u, the
physical and biological features of critical habitat in wet forest
ecosystem are:
(i) Elevation: Less than 7,300 ft (2,225 m).
(ii) Annual precipitation: Greater than 98 in (250 cm).
(iii) Substrate: Very weathered soils to rocky substrate, basaltic
lava, undeveloped soils, developed soils.
(iv) Canopy contains one or more of the following native plant
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros,
Myrsine, Pittosporum, Psychotria.
(v) Subcanopy contains one or more of the following native plant
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea,
Vaccinium.
(vi) Understory contains one or more of the following native plant
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia,
Peperomia, Stenogyne.
* * * * *
Family Pittosporaceae: Pittosporum hawaiiense (HOAWA, HAAWA)
Hawaii 3-Pittosporum hawaiiense-a, Hawaii 8-Pittosporum hawaiiense-
b, Hawaii 9-Pittosporum hawaiiense-c, Hawaii 15-Pittosporum hawaiiense-
d-Section 4, Hawaii 15-Pittosporum hawaiiense-e-Section 5, Hawaii 16-
Pittosporum hawaiiense-f, Hawaii 23-Pittosporum hawaiiense-g, Hawaii
24-Pittosporum hawaiiense-h-Section 8, Hawaii 24-Pittosporum
hawaiiense-i-Section 9, Hawaii 29-Pittosporum hawaiiense-j, Hawaii 30-
Pittosporum hawaiiense-k, Hawaii 37-Pittosporum hawaiiense-l, Hawaii
38-Pittosporum hawaiiense-m, Hawaii 39-Pittosporum hawaiiense-n, Hawaii
40-Pittosporum hawaiiense-o, Hawaii 41-Pittosporum hawaiiense-p, Hawaii
42-Pittosporum hawaiiense-q, Hawaii 43-Pittosporum hawaiiense-r, Hawaii
44-Pittosporum hawaiiense-s, Hawaii 45-Pittosporum hawaiiense-t, Hawaii
51-Pittosporum hawaiiense-u, Hawaii 52-Pittosporum hawaiiense-v, and
Hawaii 54-Pittosporum hawaiiense-w, identified in the legal
descriptions in paragraph (k) of this section, constitute critical
habitat for Pittosporum hawaiiense on Hawaii Island.
(i) In units Hawaii 3-Pittosporum hawaiiense-a, Hawaii 8-
Pittosporum hawaiiense-b, Hawaii 9-Pittosporum hawaiiense-c, Hawaii 15-
Pittosporum hawaiiense-d-Section 4, Hawaii 15-Pittosporum hawaiiense-e-
Section 5, Hawaii 16-Pittosporum hawaiiense-f, Hawaii 23-Pittosporum
hawaiiense-g, Hawaii 29-Pittosporum hawaiiense-j, Hawaii 30-Pittosporum
hawaiiense-k, Hawaii 37-Pittosporum hawaiiense-l, Hawaii 38-Pittosporum
hawaiiense-m, Hawaii 39-Pittosporum hawaiiense-n, Hawaii 40-Pittosporum
hawaiiense-o, Hawaii 41-Pittosporum hawaiiense-p, Hawaii 45-Pittosporum
hawaiiense-t, Hawaii 51-Pittosporum hawaiiense-u, Hawaii 52-Pittosporum
hawaiiense-v, and Hawaii 54-Pittosporum hawaiiense-w, the physical and
biological features of critical habitat in wet forest ecosystem are:
(A) Elevation: Less than 7,300 ft (2,225 m).
(B) Annual precipitation: Greater than 98 in (250 cm).
(C) Substrate: Very weathered soils to rocky substrate, basaltic
lava, undeveloped soils, developed soils.
(D) Canopy contains one or more of the following native plant
genera: Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros,
Myrsine, Pittosporum, Psychotria.
(E) Subcanopy contains one or more of the following native plant
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea,
Vaccinium.
(F) Understory contains one or more of the following native plant
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia,
Peperomia, Stenogyne.
(ii) In units Hawaii 24-Pittosporum hawaiiense-h-Section 8, Hawaii
24-Pittosporum hawaiiense-i-Section 9, Hawaii 42-Pittosporum
hawaiiense-q, Hawaii 43-Pittosporum hawaiiense-r, and Hawaii 44-
Pittosporum hawaiiense-s, the physical and biological features of
critical habitat in wet forest ecosystem are those provided above in
paragraphs (i)(A) through (F) of this entry, and in mesic forest
ecosystem are:
(A) Elevation: Less than 6,600 ft (2,000 m).
(B) Annual precipitation: 39 to 150 in (100 to 380 cm).
(C) Substrate: Rocky, shallow, organic muck soils; rocky talus
soils; shallow soils over weathered rock; deep soils over soft
weathered rock; gravelly alluvium.
(D) Canopy contains one or more of the following native plant
genera: Acacia, Antidesma, Charpentiera, Chrysodracon, Metrosideros,
Myrsine, Nestegis, Pisonia, Santalum.
(E) Subcanopy contains one or more of the following native plant
genera: Coprosma, Freycinetia, Leptecophylla, Myoporum, Pipturus,
Rubus, Sadleria, Sophora.
(F) Understory contains one or more of the following native plant
genera: Ctenitis, Doodia, Dryopteris, Pelea, Sadleria.
* * * * *
Family Rutaceae: Melicope remyi (no common name)
Hawaii 3-Melicope remyi-a, Hawaii 8-Melicope remyi-b, Hawaii 9-
Melicope remyi-c, Hawaii 52-Melicope remyi-d, and Hawaii 54-Melicope
remyi-e, identified in the legal descriptions in paragraph (k) of this
section, constitute critical habitat for Melicope remyi on Hawaii
Island. In units Hawaii 3-Melicope remyi-a, Hawaii 8-Melicope remyi-b,
Hawaii 9-Melicope remyi-c, Hawaii 52-Melicope remyi-d, and Hawaii 54-
Melicope remyi-e, the physical and biological features of critical
habitat in wet forest ecosystem are:
(i) Elevation: Less than 7,300 ft (2,225 m).
(ii) Annual precipitation: Greater than 98 in (250 cm).
(iii) Substrate: Very weathered soils to rocky substrate, basaltic
lava, undeveloped soils, developed soils.
(iv) Canopy contains one or more of the following native plant
genera:
[[Page 18821]]
Acacia, Antidesma, Cheirodendron, Ilex, Melicope, Metrosideros,
Myrsine, Pittosporum, Psychotria.
(v) Subcanopy contains one or more of the following native plant
genera: Cibotium, Clermontia, Coprosma, Cyanea, Freycinetia, Hydrangea,
Vaccinium.
(vi) Understory contains one or more of the following native plant
genera: Adenophorus, Cibotium, Cyrtandra, Dicranopteris, Huperzia,
Peperomia, Stenogyne.
* * * * *
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-04088 Filed 3-28-23; 8:45 am]
BILLING CODE 4333-15-P
