Endangered and Threatened Wildlife and Plants; Removing Phyllostegia glabra var. lanaiensis From the List of Endangered or Threatened Plants, 71520-71523 [2023-22376]
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Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Proposed Rules
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Martha Guzman Aceves,
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[FR Doc. 2023–22372 Filed 10–16–23; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R1–ES–2020–0104;
FF09E22000 FXES11130900000 234]
RIN 1018–BC98
Endangered and Threatened Wildlife
and Plants; Removing Phyllostegia
glabra var. lanaiensis From the List of
Endangered or Threatened Plants
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; withdrawal.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), withdraw the
proposal to remove Phyllostegia glabra
var. lanaiensis from the Federal List of
Endangered and Threatened Plants
(List). This withdrawal is based on new
surveys conducted over the past 3 years
since completing the 5-year review for
the species; these surveys have
identified new suitable habitats
comprised of native vegetation within
the former range of P. glabra var.
lanaiensis. Therefore, we determined
that additional information is needed
before concluding that the species is
extinct. With this withdrawal of the
proposal, P. glabra var. lanaiensis will
remain on the List as endangered.
Elsewhere in this issue of the Federal
Register, we publish a final rule
removing 21 species that were part of
our September 30, 2021, proposed rule.
DATES: The proposal to remove P. glabra
var. lanaiensis from the Federal List of
Endangered and Threatened Plants,
SUMMARY:
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which published on September 30, 2021
(86 FR 54298), is withdrawn on October
17, 2023.
Relevant documents used in
the preparation of this withdrawal are
available on the internet at https://
www.regulations.gov at Docket No.
FWS–R1–ES–2020–0104.
ADDRESSES:
Earl
Campbell, Field Supervisor, Pacific
Islands Fish and Wildlife Office (see
ADDRESSES); telephone 808–792–9400;
facsimile 505–346–2542. 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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Previous Federal Actions
We published a final rule to list
Phyllostegia glabra var. lanaiensis as an
endangered species on September 20,
1991 (56 FR 47686), and P. glabra var.
lanaiensis was included in the Lanai
plant cluster recovery plan in 1995
(USFWS 1995, entire). At the time of
listing, no wild individuals had been
seen since 1914, although there was one
questionable sighting from the 1980s
that was later considered to be P. glabra
var. glabra (USFWS 1995, pp. 31–35;
USFWS 2012, p. 7). Threats included
habitat degradation and herbivory by
feral ungulates, the establishment of
ecosystem-altering invasive plant
species, and the consequences of small
population sizes (low numbers)
(USFWS 1995, p. 56). In 2000,
designation of critical habitat was
considered not prudent for P. glabra var.
lanaiensis because this plant had not
been observed in the wild in over 20
years, and no viable genetic material
was available for recovery efforts (65 FR
82086; December 27, 2000). Two 5-year
status reviews have been completed; the
2012 review (initiated on April 8, 2010;
see 75 FR 17947) recommended surveys
within the historical range and within
suitable habitat on Lanai, with no
change in status. Despite repeated
surveys of historical and suitable habitat
by botanists since 2006, P. glabra var.
lanaiensis has not been found (Plant
Extinction Prevention Program (PEPP)
2012, p. 45; Oppenheimer 2019, in litt.).
In 2012, PEPP reported that P. glabra
var. lanaiensis was likely extinct. The 5year status review completed in 2019
(initiated on February 12, 2016; see 81
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Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Proposed Rules
FR 7571) recommended delisting due to
extinction.
On September 30, 2021, we published
a proposed rule to remove 23 species,
including P. glabra var. lanaiensis, from
the Federal Lists of Endangered and
Threatened Wildlife and Plants (i.e., to
‘‘delist’’ the species) due to extinction
(86 FR 54298). At that time, we invited
the public to comment on the proposal.
Elsewhere in this issue of the Federal
Register, we publish a final rule to
remove 21 of the 23 species included in
our September 30, 2021, proposed rule
from the Federal List of Endangered and
Threatened Wildlife. That final rule’s
Summary of Changes from the Proposed
Rule references this rule withdrawing
the proposed delisting of P. glabra var.
lanaiensis.
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Supporting Documents
Prior to publishing the proposed
delisting rule (86 FR 54298; September
30, 2021), we conducted a status
assessment for P. glabra var. lanaiensis.
The results of this assessment are
summarized in a species assessment
form, which represents a compilation of
the best scientific and commercial data
available concerning the status of the
species, including the past, present, and
future stressors to this species (Service
2021, entire).
In accordance with our policy,
‘‘Notice of Interagency Cooperative
Policy for Peer Review in Endangered
Species Act Activities,’’ which was
published on July 1, 1994 (59 FR 34270)
and our August 22, 2016, Director’s
Memorandum ‘‘Peer Review Process,’’
we sought the expert opinion of five
appropriate and independent specialists
regarding scientific data and
interpretations contained in the 5-year
review for P. glabra var. lanaiensis. We
sent copies of the 5-year review to the
peer reviewers immediately following
publication of the proposed rule in the
Federal Register (86 FR 54298;
September 30, 2021). The purpose of
such review is to ensure that our
decisions are based on scientifically
sound data, assumptions, and analysis.
We received feedback from one of the
five peer reviewers. We have
incorporated the results of this review,
as appropriate, into the species
assessment form and this document.
Summary of Comments and
Recommendations
In the proposed rule published on
September 30, 2021 (86 FR 54298), we
requested that all interested parties
submit written comments on the
proposal by November 29, 2021. We
also contacted appropriate State
agencies, scientific experts and
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organizations, and other interested
parties and invited them to comment on
the proposal. A newspaper notice
inviting the public to provide comments
was published in USA Today on
October 8, 2021. All substantive
information regarding the delisting of P.
glabra var. lanaiensis that was provided
during peer review and the comment
period has been incorporated directly
into this final determination or into our
species assessment form, as appropriate,
or is addressed below.
Peer Review Comments
We reviewed all comments we
received from the peer reviewer for
substantive issues and new information
regarding P. glabra var. lanaiensis. The
peer reviewer provided additional
information and clarifications on results
of surveys, which we incorporated into
the species assessment form and this
document.
Public Comments
We reviewed all public comments
that we received on the proposed rule
(86 FR 54298; September 30, 2021).
While there were many comments that
discussed other species in the proposed
rule, there were no comments that
specifically addressed P. glabra var.
lanaiensis. We did not receive a request
for a public hearing for this species.
Background
A thorough review of the taxonomy,
range and distribution, life history, and
ecology of P. glabra var. lanaiensis is
presented in the species assessment
form (Service 2021, entire) and is briefly
summarized here. Phyllostegia glabra
var. lanaiensis is a short-lived perennial
herb. Flowering cycles, pollination
vectors, seed dispersal agents, longevity,
specific environmental requirements,
and limiting factors of P. glabra var.
lanaiensis remain unknown (USFWS
1995, p. 19; USFWS 2012, p. 7). P.
glabra var. lanaiensis was described as
a variety of P. glabra from specimens
collected from Lanai by Ballieu, Munro,
and Mann and Brigham. It differed from
P. glabra var. glabra in its longer calyx
(the collection of modified leaves that
enclose the petals and other parts of a
flower) (0.3 inches or 10–11
millimeters) and narrowly lanceolate
leaves (Wagner et al. 1990, p. 816). No
taxonomic changes have been made
since the variety was described in 1934.
Historically, P. glabra var. lanaiensis
was known from only two collections
from Lanai, one from the ‘‘mountains of
Lanai,’’ and the other from Kaiholena
Gulch, where it was last collected in
1914 (USFWS 1991, p. 47688; USFWS
1995, pp. 31–35; Wagner 1999, p. 269;
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Hawaii Biodiversity and Mapping
Program 2010, entire). A report of this
species from the early 1980s in a gulch
feeding into the back of Maunalei Valley
probably was erroneous and likely P.
glabra var. glabra (USFWS 1995, pp.
31–35; USFWS 2003, p. 1223; Wagner
1999, p. 269). Very little is known of the
preferred habitat or associated species of
P. glabra var. lanaiensis on the island of
Lanai. It has been observed in lowland
wet-mesic forest in gulch bottoms and
sides, often in quite steep areas, in the
same habitat as the endangered Cyanea
gibsonii (also known as Cyanea
macrostegia ssp. gibsonii) (USFWS
1995, p. 23).
Regulatory and Analytical Framework
Section 4 of the Act (16 U.S.C. 1533)
and the implementing regulations in
title 50 of the Code of Federal
Regulations set forth the procedures for
determining whether a species is an
endangered species or a threatened
species, issuing protective regulations
for threatened species, and designating
critical habitat for endangered and
threatened species. In 2019, jointly with
the National Marine Fisheries Service,
the Service issued a final rule that
revised the regulations in 50 CFR part
424 regarding how we add, remove, and
reclassify endangered and threatened
species and the criteria for designating
listed species’ critical habitat (84 FR
45020; August 27, 2019).
Under the Act (16 U.S.C. 1531 et seq.),
we must review the status of all listed
species at least once every 5 years. We
must delist a species if we determine,
on the basis of the best available
scientific and commercial data, that the
species is neither a threatened species
nor an endangered species. Our
regulations at 50 CFR 424.11(e) identify
three reasons why we might determine
that a listed species is neither an
endangered species nor a threatened
species: (1) The species is extinct; (2)
the species does not meet the definition
of an endangered species or a threatened
species; or (3) the listed entity does not
meet the statutory definition of a
species.
In this document to withdraw the
proposal to delist P. glabra var.
lanaiensis, we use the commonly
understood biological definition of
‘‘extinction’’ as meaning that no living
individuals of the species remain in
existence. A determination of extinction
will be informed by the best available
information to indicate that no
individuals of the species remain alive,
either in the wild or captivity. This is
in contrast to ‘‘functional extinction,’’
where individuals of the species remain
alive, but the species is no longer viable
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Threats to the species included
habitat degradation and herbivory by
feral ungulates such as axis deer (Axis
axis), the establishment of ecosystemaltering invasive plant species, and the
consequences of small population sizes.
Historically, much of the native
vegetation on Lanai was altered by early
land practices with the ranching of
cattle and sheep, clearing for pineapple
cultivation, and introduction of other
feral animals such as goats and deer
(USFWS 1990, pp. 38239–38240). While
many of these foreign introduced
animals have been removed from the
island, habitat degradation and
predation due to animals such as axis
deer remain a threat.
Summary of Analysis
At the time of its listing in 1991, P.
glabra var. lanaiensis had not been
detected in over 75 years. Since its last
detection in 1914, botanical surveys
have not detected the species. Available
information indicates that, while there
are currently no known individuals of
the species, suitable habitat consisting
of small patches of native forest on steep
slopes of gulches may provide refuge for
individuals of this taxon. These small
remnant native forest patches,
especially in steeper locations along
slopes of gulches where this taxon had
previously been observed, may offer
some escape from direct feral ungulate
damage when animals cannot traverse
basis, based on the needs for collections
and monitoring. Opportunistic surveys
are also conducted when botanists are
within the known range and suitable
habitat when other work brings them to
that area. No observations of P. glabra
var. lanaiensis have been reported since
1914. By 2012, PEPP determined that
this variety was likely extirpated (PEPP
2012, p. 45), with very little chance of
rediscovery due to the restricted known
range, thorough search effort, and extent
of habitat degradation. However,
botanists were still searching for this
taxon on any surveys in or near its last
known location and other suitable
habitat, including in January 2019
(Oppenheimer 2019, in litt.). In 2021, a
new population for each of two other
endangered plant taxa, Cyanea lobata
ssp. baldwinii and C. gibsonii, were
surprisingly discovered in gulches (deep
ravines), where these species had not
recently been known to occur, in small
pockets of remnant native habitat within
larger disturbed habitat. C. gibsonii is a
known associated species of P. glabra
var. lanaiensis. In January 2022,
additional pockets of remnant native
habitat were discovered on the slopes of
Kaiholena gulch, where P. glabra var.
lanaiensis had previously been known,
and new locations for a third
endangered plant, Pleomele fernaldii,
were discovered. These pockets were
observed from afar during survey efforts
within the gulch bottom, and additional
surveys are needed to identify and
search these pockets within the lowland
wet-mesic forest in this area, as well as
in adjacent gulches.
Summary of Biological Status and
Threats
All P. glabra identified since 1914
have been determined to be P. glabra
var. glabra, and, therefore, P. glabra var.
lanaiensis has not been detected since
1914.
Information on Detectability, Survey
Effort, and Time Since Last Detection
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Analysis
Since the 1990s, several species of
exotic plants have become common on
the summit and in the gulches and
valleys of Lanai. Strawberry guava
(Psidium cattleianum) is most common
on the northern end of Lanaihale (the
highest point of the island of Lanai),
firebush (Myrica faya) is most common
on the south end, and manuka
(Leptospermum scoparium) has spread
throughout the island (USFWS 2020, p.
11). Kahili ginger (Hedychium
gardnerianum) is common on some of
the valley floors, as in Kaiholena Gulch,
for instance, while koa haole (Leucaena
leucocephala), lantana (Lantana
camara), and sourbush (Pluchea
carolinensis) also are aggressive
invaders. These weedy plants are more
aggressive than the native species and
more successfully compete for water,
minerals, space, and light. In the drier
areas, broomsedge (Andropogon
virginicus) and Guinea grass
(Megathyrsus maximus) are the
dominant exotic species (USFWS 2020,
p. 11). Not only do these species replace
native plants, but they are a source of
fuel, increasing the potential threat of
fire in the area.
Despite repeated surveys of historical
and suitable habitat by botanists from
2006 through 2019, P. glabra var.
lanaiensis has not been found since
1914 (PEPP 2012, p. 45; Oppenheimer
2019, in litt.). In 2012, PEPP reported
that P. glabra var. lanaiensis was likely
extinct. In 2019, the species was
included on the list of possibly extinct
Hawaiian vascular plant taxa (Wood et
al. 2019, p. 11). Since 2019, however,
new surveys have indicated that several
endangered species have persisted in
small pockets of remnant native forest
within largely degraded habitat. Due to
the presence and location of these
pockets, as well as the associated
species observed to date, we conclude
that additional surveys should be
conducted for this taxon.
and/or no reproduction will occur (e.g.,
any remaining females cannot
reproduce, only males remain, etc.).
In our analyses, we attempt to
minimize the possibility of either (1)
prematurely determining that the
species is extinct where individuals
exist but remain undetected, or (2)
assuming the species is extant when
extinction has already occurred. Our
determination of whether the best
available information indicates that the
species is extinct includes an analysis of
the following criteria: detectability of
the species, adequacy of survey efforts,
and time since last detection. All three
criteria take into account applicable
aspects of the species’ life history. Other
lines of evidence may also support the
determination and be included in our
analysis.
In conducting our analysis of whether
P. glabra var. lanaiensis is extinct, we
considered and thoroughly evaluated
the best scientific and commercial data
available. We reviewed the information
available in our files, and other
available published and unpublished
information, including information from
recognized experts; Federal, State, and
Tribal governments; academic
institutions; foreign governments;
private entities; and other members of
the public.
The 5-year reviews of P. glabra var.
lanaiensis contain more detailed
biological information. This supporting
information can be found on the
internet at https://www.regulations.gov
under Docket No. FWS–R1–ES–2020–
0104. The following information
summarizes the analysis for P. glabra
var. lanaiensis.
Species Detectability
Phyllostegia glabra var. lanaiensis is a
short-lived perennial herb. This taxon
differs from the other variety by its
longer calyces and narrowly lanceolate
leaves, suggesting that flowers should be
present in order to confirm
identification. Most congeners (an
organism belonging to the same
taxonomic genus as another organism)
tend to flower year-round, with peak
flowering from April through June,
indicating that it would be easier to
detect and confirm the species during
this time period.
Survey Effort
The PEPP surveys and monitors rare
plant species on Lanai; botanical
surveys are conducted on a rotational
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Time Since Last Detection
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Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Proposed Rules
some small, extremely steep microsites.
Additional surveys are needed for this
taxon before we can conclude it is
extinct. Therefore, we are withdrawing
our proposed rule to remove P. glabra
var. lanaiensis from the List of
Endangered and Threatened Plants.
References Cited
A complete list of references cited in
this document is available on the
internet at https://www.regulations.gov
at Docket No. FWS–R1–ES–2020–0104
and upon request from the Pacific
Islands Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT).
Authors
The primary authors of this document
are the staff members of the Branch of
Delisting and Foreign Species,
Ecological Services Program, and Pacific
Islands Fish and Wildlife Office.
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023–22376 Filed 10–16–23; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 223
[Docket No. 230802–0182]
RIN 0648–BL87
Endangered and Threatened Wildlife
and Plants; Proposed Protective
Regulations for the Threatened
Banggai Cardinalfish (Pterapogon
Kauderni); Extension of Comment
Period
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; extension of
comment period.
AGENCY:
We, NMFS, are extending the
public comment period by 60 days for
our proposed rule to promulgate
protective regulations for the Banggai
cardinalfish (Pterapogon kauderni). The
end of the public comment period is
extended from October 16, 2023, to
December 15, 2023.
DATES: The comment period for the
proposed rule to promulgate protective
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SUMMARY:
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regulations for the Banggai cardinalfish
under the Endangered Species Act
(ESA), published on August 15, 2023
(88 FR 55431), is extended from October
16, 2023, to December 15, 2023.
Comments received after December 15,
2023, may not be accepted.
A virtual public hearing on the
proposed rule will be held at a later date
and notice of the date and time of any
such hearing will be published in the
Federal Register not less than 15 days
before the hearing is held.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2023–0099,
by Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov and enter NOAA–
NMFS–2023–0099 in the Search box.
Click on the ‘‘Comment’’ icon, complete
the required fields, and enter or attach
your comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
without change. All Personal Identifying
Information (e.g., name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
We will accept anonymous comments
(enter N/A in the required fields if you
wish to remain anonymous).
Attachments to electronic comments
will be accepted in Microsoft Word,
Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Celeste Stout, NMFS, Office of Protected
Resources, celeste.stout@noaa.gov, (301)
427–8436; Erin Markin, NMFS, Office of
Protected Resources, erin.markin@
noaa.gov, (301) 427–8416.
SUPPLEMENTARY INFORMATION: On August
15, 2023, NMFS published a proposed
rule to promulgate protective
regulations for the Banggai cardinalfish
under the ESA (88 FR 55431). In that
proposed rule, we also announced a 60day public comment period, and an
option to request a public hearing. On
September 27, 2023, we received a letter
requesting a public hearing be held as
well as a 90-day extension to the public
comment period. In response, we are
extending the public comment period
by another 60 days, and are accepting
public comments for the proposed rule
through December 15, 2023. Public
comments can be submitted as
described under ADDRESSES.
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Additionally, the date and time of any
public hearing will be published in the
Federal Register not less than 15 days
before the hearing is held.
Authority: The authority for this action is
the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: October 11, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023–22821 Filed 10–12–23; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 231010–0243]
RIN 0648–BL34
Pacific Island Fisheries; Modification
of Seabird Interaction Mitigation
Measures in the Hawaii Deep-Set
Longline Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to modify
seabird interaction mitigation measures
to require federally permitted Hawaii
deep-set longline vessels that set fishing
gear from the stern to use a tori line
(bird scaring streamer) in place of the
currently required thawed, blue-dyed
bait and strategic offal (fish, fish parts,
or spent bait) discharge when fishing
above 23° N latitude. This action is
expected to improve the overall efficacy
and operational practicality of required
seabird mitigation measures by reducing
seabird bycatch and creating operational
and administrative efficiency for
fishermen and NMFS.
DATES: NMFS must receive comments
by November 16, 2023.
ADDRESSES: You may submit comments
on this proposed rule, identified by
NOAA–NMFS–2022–0131, by either of
the following methods:
• Electronic Submission: Submit all
electronic comments via the Federal eRulemaking Portal. Go to https://
www.regulations.gov and enter NOAA–
NMFS–2022–0131 in the Search box,
click the ‘‘Comment’’ icon, complete the
required fields, and enter or attach your
comments.
SUMMARY:
E:\FR\FM\17OCP1.SGM
17OCP1
]]>Agencies
[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Proposed Rules]
[Pages 71520-71523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22376]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2020-0104; FF09E22000 FXES11130900000 234]
RIN 1018-BC98
Endangered and Threatened Wildlife and Plants; Removing
Phyllostegia glabra var. lanaiensis From the List of Endangered or
Threatened Plants
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; withdrawal.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), withdraw the
proposal to remove Phyllostegia glabra var. lanaiensis from the Federal
List of Endangered and Threatened Plants (List). This withdrawal is
based on new surveys conducted over the past 3 years since completing
the 5-year review for the species; these surveys have identified new
suitable habitats comprised of native vegetation within the former
range of P. glabra var. lanaiensis. Therefore, we determined that
additional information is needed before concluding that the species is
extinct. With this withdrawal of the proposal, P. glabra var.
lanaiensis will remain on the List as endangered. Elsewhere in this
issue of the Federal Register, we publish a final rule removing 21
species that were part of our September 30, 2021, proposed rule.
DATES: The proposal to remove P. glabra var. lanaiensis from the
Federal List of Endangered and Threatened Plants, which published on
September 30, 2021 (86 FR 54298), is withdrawn on October 17, 2023.
ADDRESSES: Relevant documents used in the preparation of this
withdrawal are available on the internet at https://www.regulations.gov
at Docket No. FWS-R1-ES-2020-0104.
FOR FURTHER INFORMATION CONTACT: Earl Campbell, Field Supervisor,
Pacific Islands Fish and Wildlife Office (see ADDRESSES); telephone
808-792-9400; facsimile 505-346-2542. 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:
Previous Federal Actions
We published a final rule to list Phyllostegia glabra var.
lanaiensis as an endangered species on September 20, 1991 (56 FR
47686), and P. glabra var. lanaiensis was included in the Lanai plant
cluster recovery plan in 1995 (USFWS 1995, entire). At the time of
listing, no wild individuals had been seen since 1914, although there
was one questionable sighting from the 1980s that was later considered
to be P. glabra var. glabra (USFWS 1995, pp. 31-35; USFWS 2012, p. 7).
Threats included habitat degradation and herbivory by feral ungulates,
the establishment of ecosystem-altering invasive plant species, and the
consequences of small population sizes (low numbers) (USFWS 1995, p.
56). In 2000, designation of critical habitat was considered not
prudent for P. glabra var. lanaiensis because this plant had not been
observed in the wild in over 20 years, and no viable genetic material
was available for recovery efforts (65 FR 82086; December 27, 2000).
Two 5-year status reviews have been completed; the 2012 review
(initiated on April 8, 2010; see 75 FR 17947) recommended surveys
within the historical range and within suitable habitat on Lanai, with
no change in status. Despite repeated surveys of historical and
suitable habitat by botanists since 2006, P. glabra var. lanaiensis has
not been found (Plant Extinction Prevention Program (PEPP) 2012, p. 45;
Oppenheimer 2019, in litt.). In 2012, PEPP reported that P. glabra var.
lanaiensis was likely extinct. The 5-year status review completed in
2019 (initiated on February 12, 2016; see 81
[[Page 71521]]
FR 7571) recommended delisting due to extinction.
On September 30, 2021, we published a proposed rule to remove 23
species, including P. glabra var. lanaiensis, from the Federal Lists of
Endangered and Threatened Wildlife and Plants (i.e., to ``delist'' the
species) due to extinction (86 FR 54298). At that time, we invited the
public to comment on the proposal.
Elsewhere in this issue of the Federal Register, we publish a final
rule to remove 21 of the 23 species included in our September 30, 2021,
proposed rule from the Federal List of Endangered and Threatened
Wildlife. That final rule's Summary of Changes from the Proposed Rule
references this rule withdrawing the proposed delisting of P. glabra
var. lanaiensis.
Supporting Documents
Prior to publishing the proposed delisting rule (86 FR 54298;
September 30, 2021), we conducted a status assessment for P. glabra
var. lanaiensis. The results of this assessment are summarized in a
species assessment form, which represents a compilation of the best
scientific and commercial data available concerning the status of the
species, including the past, present, and future stressors to this
species (Service 2021, entire).
In accordance with our policy, ``Notice of Interagency Cooperative
Policy for Peer Review in Endangered Species Act Activities,'' which
was published on July 1, 1994 (59 FR 34270) and our August 22, 2016,
Director's Memorandum ``Peer Review Process,'' we sought the expert
opinion of five appropriate and independent specialists regarding
scientific data and interpretations contained in the 5-year review for
P. glabra var. lanaiensis. We sent copies of the 5-year review to the
peer reviewers immediately following publication of the proposed rule
in the Federal Register (86 FR 54298; September 30, 2021). The purpose
of such review is to ensure that our decisions are based on
scientifically sound data, assumptions, and analysis. We received
feedback from one of the five peer reviewers. We have incorporated the
results of this review, as appropriate, into the species assessment
form and this document.
Summary of Comments and Recommendations
In the proposed rule published on September 30, 2021 (86 FR 54298),
we requested that all interested parties submit written comments on the
proposal by November 29, 2021. We also contacted appropriate State
agencies, scientific experts and organizations, and other interested
parties and invited them to comment on the proposal. A newspaper notice
inviting the public to provide comments was published in USA Today on
October 8, 2021. All substantive information regarding the delisting of
P. glabra var. lanaiensis that was provided during peer review and the
comment period has been incorporated directly into this final
determination or into our species assessment form, as appropriate, or
is addressed below.
Peer Review Comments
We reviewed all comments we received from the peer reviewer for
substantive issues and new information regarding P. glabra var.
lanaiensis. The peer reviewer provided additional information and
clarifications on results of surveys, which we incorporated into the
species assessment form and this document.
Public Comments
We reviewed all public comments that we received on the proposed
rule (86 FR 54298; September 30, 2021). While there were many comments
that discussed other species in the proposed rule, there were no
comments that specifically addressed P. glabra var. lanaiensis. We did
not receive a request for a public hearing for this species.
Background
A thorough review of the taxonomy, range and distribution, life
history, and ecology of P. glabra var. lanaiensis is presented in the
species assessment form (Service 2021, entire) and is briefly
summarized here. Phyllostegia glabra var. lanaiensis is a short-lived
perennial herb. Flowering cycles, pollination vectors, seed dispersal
agents, longevity, specific environmental requirements, and limiting
factors of P. glabra var. lanaiensis remain unknown (USFWS 1995, p. 19;
USFWS 2012, p. 7). P. glabra var. lanaiensis was described as a variety
of P. glabra from specimens collected from Lanai by Ballieu, Munro, and
Mann and Brigham. It differed from P. glabra var. glabra in its longer
calyx (the collection of modified leaves that enclose the petals and
other parts of a flower) (0.3 inches or 10-11 millimeters) and narrowly
lanceolate leaves (Wagner et al. 1990, p. 816). No taxonomic changes
have been made since the variety was described in 1934.
Historically, P. glabra var. lanaiensis was known from only two
collections from Lanai, one from the ``mountains of Lanai,'' and the
other from Kaiholena Gulch, where it was last collected in 1914 (USFWS
1991, p. 47688; USFWS 1995, pp. 31-35; Wagner 1999, p. 269; Hawaii
Biodiversity and Mapping Program 2010, entire). A report of this
species from the early 1980s in a gulch feeding into the back of
Maunalei Valley probably was erroneous and likely P. glabra var. glabra
(USFWS 1995, pp. 31-35; USFWS 2003, p. 1223; Wagner 1999, p. 269). Very
little is known of the preferred habitat or associated species of P.
glabra var. lanaiensis on the island of Lanai. It has been observed in
lowland wet-mesic forest in gulch bottoms and sides, often in quite
steep areas, in the same habitat as the endangered Cyanea gibsonii
(also known as Cyanea macrostegia ssp. gibsonii) (USFWS 1995, p. 23).
Regulatory and Analytical Framework
Section 4 of the Act (16 U.S.C. 1533) and the implementing
regulations in title 50 of the Code of Federal Regulations set forth
the procedures for determining whether a species is an endangered
species or a threatened species, issuing protective regulations for
threatened species, and designating critical habitat for endangered and
threatened species. In 2019, jointly with the National Marine Fisheries
Service, the Service issued a final rule that revised the regulations
in 50 CFR part 424 regarding how we add, remove, and reclassify
endangered and threatened species and the criteria for designating
listed species' critical habitat (84 FR 45020; August 27, 2019).
Under the Act (16 U.S.C. 1531 et seq.), we must review the status
of all listed species at least once every 5 years. We must delist a
species if we determine, on the basis of the best available scientific
and commercial data, that the species is neither a threatened species
nor an endangered species. Our regulations at 50 CFR 424.11(e) identify
three reasons why we might determine that a listed species is neither
an endangered species nor a threatened species: (1) The species is
extinct; (2) the species does not meet the definition of an endangered
species or a threatened species; or (3) the listed entity does not meet
the statutory definition of a species.
In this document to withdraw the proposal to delist P. glabra var.
lanaiensis, we use the commonly understood biological definition of
``extinction'' as meaning that no living individuals of the species
remain in existence. A determination of extinction will be informed by
the best available information to indicate that no individuals of the
species remain alive, either in the wild or captivity. This is in
contrast to ``functional extinction,'' where individuals of the species
remain alive, but the species is no longer viable
[[Page 71522]]
and/or no reproduction will occur (e.g., any remaining females cannot
reproduce, only males remain, etc.).
In our analyses, we attempt to minimize the possibility of either
(1) prematurely determining that the species is extinct where
individuals exist but remain undetected, or (2) assuming the species is
extant when extinction has already occurred. Our determination of
whether the best available information indicates that the species is
extinct includes an analysis of the following criteria: detectability
of the species, adequacy of survey efforts, and time since last
detection. All three criteria take into account applicable aspects of
the species' life history. Other lines of evidence may also support the
determination and be included in our analysis.
In conducting our analysis of whether P. glabra var. lanaiensis is
extinct, we considered and thoroughly evaluated the best scientific and
commercial data available. We reviewed the information available in our
files, and other available published and unpublished information,
including information from recognized experts; Federal, State, and
Tribal governments; academic institutions; foreign governments; private
entities; and other members of the public.
The 5-year reviews of P. glabra var. lanaiensis contain more
detailed biological information. This supporting information can be
found on the internet at https://www.regulations.gov under Docket No.
FWS-R1-ES-2020-0104. The following information summarizes the analysis
for P. glabra var. lanaiensis.
Summary of Biological Status and Threats
Information on Detectability, Survey Effort, and Time Since Last
Detection
Species Detectability
Phyllostegia glabra var. lanaiensis is a short-lived perennial
herb. This taxon differs from the other variety by its longer calyces
and narrowly lanceolate leaves, suggesting that flowers should be
present in order to confirm identification. Most congeners (an organism
belonging to the same taxonomic genus as another organism) tend to
flower year-round, with peak flowering from April through June,
indicating that it would be easier to detect and confirm the species
during this time period.
Survey Effort
The PEPP surveys and monitors rare plant species on Lanai;
botanical surveys are conducted on a rotational basis, based on the
needs for collections and monitoring. Opportunistic surveys are also
conducted when botanists are within the known range and suitable
habitat when other work brings them to that area. No observations of P.
glabra var. lanaiensis have been reported since 1914. By 2012, PEPP
determined that this variety was likely extirpated (PEPP 2012, p. 45),
with very little chance of rediscovery due to the restricted known
range, thorough search effort, and extent of habitat degradation.
However, botanists were still searching for this taxon on any surveys
in or near its last known location and other suitable habitat,
including in January 2019 (Oppenheimer 2019, in litt.). In 2021, a new
population for each of two other endangered plant taxa, Cyanea lobata
ssp. baldwinii and C. gibsonii, were surprisingly discovered in gulches
(deep ravines), where these species had not recently been known to
occur, in small pockets of remnant native habitat within larger
disturbed habitat. C. gibsonii is a known associated species of P.
glabra var. lanaiensis. In January 2022, additional pockets of remnant
native habitat were discovered on the slopes of Kaiholena gulch, where
P. glabra var. lanaiensis had previously been known, and new locations
for a third endangered plant, Pleomele fernaldii, were discovered.
These pockets were observed from afar during survey efforts within the
gulch bottom, and additional surveys are needed to identify and search
these pockets within the lowland wet-mesic forest in this area, as well
as in adjacent gulches.
Time Since Last Detection
All P. glabra identified since 1914 have been determined to be P.
glabra var. glabra, and, therefore, P. glabra var. lanaiensis has not
been detected since 1914.
Analysis
Threats to the species included habitat degradation and herbivory
by feral ungulates such as axis deer (Axis axis), the establishment of
ecosystem-altering invasive plant species, and the consequences of
small population sizes. Historically, much of the native vegetation on
Lanai was altered by early land practices with the ranching of cattle
and sheep, clearing for pineapple cultivation, and introduction of
other feral animals such as goats and deer (USFWS 1990, pp. 38239-
38240). While many of these foreign introduced animals have been
removed from the island, habitat degradation and predation due to
animals such as axis deer remain a threat.
Since the 1990s, several species of exotic plants have become
common on the summit and in the gulches and valleys of Lanai.
Strawberry guava (Psidium cattleianum) is most common on the northern
end of Lanaihale (the highest point of the island of Lanai), firebush
(Myrica faya) is most common on the south end, and manuka (Leptospermum
scoparium) has spread throughout the island (USFWS 2020, p. 11). Kahili
ginger (Hedychium gardnerianum) is common on some of the valley floors,
as in Kaiholena Gulch, for instance, while koa haole (Leucaena
leucocephala), lantana (Lantana camara), and sourbush (Pluchea
carolinensis) also are aggressive invaders. These weedy plants are more
aggressive than the native species and more successfully compete for
water, minerals, space, and light. In the drier areas, broomsedge
(Andropogon virginicus) and Guinea grass (Megathyrsus maximus) are the
dominant exotic species (USFWS 2020, p. 11). Not only do these species
replace native plants, but they are a source of fuel, increasing the
potential threat of fire in the area.
Despite repeated surveys of historical and suitable habitat by
botanists from 2006 through 2019, P. glabra var. lanaiensis has not
been found since 1914 (PEPP 2012, p. 45; Oppenheimer 2019, in litt.).
In 2012, PEPP reported that P. glabra var. lanaiensis was likely
extinct. In 2019, the species was included on the list of possibly
extinct Hawaiian vascular plant taxa (Wood et al. 2019, p. 11). Since
2019, however, new surveys have indicated that several endangered
species have persisted in small pockets of remnant native forest within
largely degraded habitat. Due to the presence and location of these
pockets, as well as the associated species observed to date, we
conclude that additional surveys should be conducted for this taxon.
Summary of Analysis
At the time of its listing in 1991, P. glabra var. lanaiensis had
not been detected in over 75 years. Since its last detection in 1914,
botanical surveys have not detected the species. Available information
indicates that, while there are currently no known individuals of the
species, suitable habitat consisting of small patches of native forest
on steep slopes of gulches may provide refuge for individuals of this
taxon. These small remnant native forest patches, especially in steeper
locations along slopes of gulches where this taxon had previously been
observed, may offer some escape from direct feral ungulate damage when
animals cannot traverse
[[Page 71523]]
some small, extremely steep microsites. Additional surveys are needed
for this taxon before we can conclude it is extinct. Therefore, we are
withdrawing our proposed rule to remove P. glabra var. lanaiensis from
the List of Endangered and Threatened Plants.
References Cited
A complete list of references cited in this document is available
on the internet at https://www.regulations.gov at Docket No. FWS-R1-ES-
2020-0104 and upon request from the Pacific Islands Fish and Wildlife
Office (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this document are the staff members of the
Branch of Delisting and Foreign Species, Ecological Services Program,
and Pacific Islands Fish and Wildlife Office.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-22376 Filed 10-16-23; 8:45 am]
BILLING CODE 4333-15-P
