[Federal Register Volume 73, Number 33 (Tuesday, February 19, 2008)]
[Proposed Rules]
[Pages 9078-9085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2841]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R1-ES-2008-0016; 1111 FY07 MO-B2]
RIN 1018-AV00
Endangered and Threatened Wildlife and Plants; Listing
Phyllostegia hispida (No Common Name) as Endangered Throughout Its
Range
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; request for public comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
list Phyllostegia hispida (no common name), a plant species from the
island of Molokai in the Hawaiian Islands, as endangered under the
Endangered Species Act of 1973, as amended (Act). If we finalize this
rule as proposed, it would extend the Act's protections to this
species. We have determined that critical habitat for Phyllostegia
hispida is prudent but not determinable at this time.
DATES: We will accept comments received or postmarked on or before
April 21, 2008. We must receive requests for public hearings, in
writing, at the address shown in the ADDRESSES section by April 4,
2008.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: RIN 1018-AV00; Division of Policy and Directives Management; U.S.
Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222, Arlington,
VA 22203.
We will not accept e-mail or faxes. We will post all comments on
http://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Public Comments Solicited
section below for more information).
FOR FURTHER INFORMATION CONTACT: Patrick Leonard, Field Supervisor,
U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife
Office, 300 Ala Moana Boulevard, Box 50088, Honolulu, HI 96850;
telephone 808-792-9400; facsimile 808-792-9581. If you use a
telecommunications device for the deaf (TDD), call the Federal
Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
[[Page 9079]]
Public Comments
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule. We particularly seek comments
concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threats (or lack thereof) to this species and regulations that may
be addressing those threats;
(2) Additional information concerning the range, distribution, and
population size of this species, including the locations of any
additional populations of this species;
(3) Any information on the biological or ecological requirements of
the species;
(4) Current or planned activities in the areas occupied by the
species and possible impacts of these activities on this species;
(5) Which areas would be appropriate as critical habitat for the
species and why they should be proposed for designation as critical
habitat; and
(6) The reasons why areas should or should not be designated as
critical habitat as provided by section 4 of the Act (16 U.S.C. 1531,
et seq.), including whether the benefits of designation would outweigh
threats to the species that designation could cause, such that the
designation of critical habitat is prudent.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in the ADDRESSES section. We will not
accept comments sent by e-mail or fax or to an address not listed in
the ADDRESSES section. We will not accept anonymous comments; your
comment must include your first and last name, city, State, country,
and postal (zip) code. Finally, we will not consider hand-delivered
comments that we do not receive, or mailed comments that are not
postmarked, by the date specified in the DATES section.
We will post your entire comment--including your personal
identifying information--on http://www.regulations.gov. If you provide
personal identifying information in addition to the required items
specified in the previous paragraph, such as your street address, phone
number, or e-mail address, you may request at the top of your document
that we withhold this information from public review. However, we
cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Pacific Islands Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT section).
Background
Phyllostegia hispida is known only from the island of Molokai,
Hawaii. Molokai is approximately 38 miles (mi) (61 kilometers (km))
long and up to 10 mi (16 km) wide, and encompasses an area of about 260
square (sq) mi (674 sq km) (Foote, et al. 1972, p. 11; Department of
Geography 1998, p. 13). Three shield volcanoes make up most of the land
mass, dividing the island into roughly three geographic segments--West
Molokai Mountain, East Molokai Mountain, and a volcano that formed
Kalaupapa Peninsula (Department of Geography 1998, pp. 11, 13).
The taller and larger East Molokai Mountain which makes up eastern
Molokai rises 4,970 ft (1,514 m) above sea level on the island's summit
at Kamakou and comprises roughly 50 percent of the island's land area
(Department of Geography 1998, p. 11; Foote, et al. 1972, p. 11).
Phyllostegia hispida is known only from the wet forests of eastern
Molokai, at elevations from 2,300 to 4,200 feet (ft) (700 to 1,280
meters (m)) (Wagner, et al. 1999, p. 819). The wet forests where
Phyllostegia hispida has been recorded are found only on the windward
side of East Molokai, which differs topographically from the leeward
side. Precipitous cliffs line the northern windward coast, with deep
inaccessible valleys dissecting the coastline. The annual rainfall on
the windward side ranges from 75 to over 150 inches (in) (200 to over
375 centimeters (cm)), distributed throughout the year. The soils are
poorly drained and high in organic matter. The gulches and valleys are
usually very steep, but sometimes gently sloping (Foote, et al. 1972,
p. 14).
The native habitats and vegetation of the Hawaiian Islands have
undergone extreme alterations because of past and present land use, as
well as the intentional or inadvertent introduction of nonnative plant
and animal species. Introduced mammals, particularly pigs (Sus scrofa),
have greatly impacted native Hawaiian plant communities. Pigs have been
described as the most pervasive and disruptive nonnative influence on
the unique native forests of the Hawaiian Islands, and are widely
recognized as one of the greatest threats to forest ecosystems in
Hawaii today (Aplet, et al. 1991, p. 56; Anderson and Stone 1993, p.
195; Loope 1999, p. 56). Introduced (nonnative) plant species, which
now comprise approximately half of the plant taxa in the islands, have
come to dominate many Hawaiian ecosystems, and frequently outcompete
native plants for space, light, water, and nutrients, as well as alter
ecosystem function, rendering habitats unsuitable for native species
(Cuddihy and Stone 1990, pp. 73-91; Vitousek 1986, pp. 29-41).
The plant Phyllostegia hispida, known only from the island of
Molokai, has only a few recorded occurrences, and for a short period of
time recently, was thought to be possibly extinct in the wild.
Alteration of the plant's native habitat by feral pigs and nonnative
plants are thought to be the primary threats to P. hispida, in
conjunction with the threat of predation by feral pigs, competition
with nonnative plants, and the negative demographic and genetic
consequences of extremely small population size.
Species Information
Phyllostegia hispida was first described by William Hillebrand in
1870 from a specimen collected from an area that he described as the
``heights of Mapulehu'' on the island of Molokai (Wagner, et al. 2005),
and is recognized as a distinct taxon in Wagner, et al. (1999, pp. 817-
819). Wagner, et al. describes the plant as a non-aromatic member of
the mint family (Lamiaceae). P. hispida is described as a loosely
spreading, many-branched vine that often forms large tangled masses.
Leaves are thin and flaccid with hispid hairs and glands. The leaf
margins are irregularly and shallowly lobed. Six to eight white flowers
make up each verticillaster (a false whorl, composed of a pair of
nearly sessile cymes in the axils of opposite leaves or bracts), and
nutlets are approximately 0.1 in (2.5 millimeters (mm)) long (Wagner,
et al. 1999, pp. 817-819). No life history information is currently
available on this species.
The few documented specimens of Phyllostegia hispida are typically
found in wet Metrosideros polymorpha (ohia)-dominated forest at an
elevation between 3,650 and 4,200 ft (1,112 and 1,280 m). Associated
native species included Cheirodendron trigynum (olapa), Ilex anomala
(aiae), Cibotium glaucum (hapuu), Broussaisia argutus (kanawao), Rubus
hawaiensis (akala), Sadleria cyatheoides (amau), Pipturus
[[Page 9080]]
albidus (mamaki), Nertera granadensis (makole), Athyrium microphyllum,
Elaphoglossum fauriei, and bryophytes (HBMP Database 2005).
From 1910 to 1979, there were a total of 8 recorded occurrences of
Phyllostegia hispida in the wet forests of eastern Molokai (Hawaii
Biodiversity and Mapping Program (HBMP) Database 2005). None of these
historic occurrences have been relocated during surveys conducted in
the wet forests of east Molokai over the past several years (The Nature
Conservancy of Hawaii (TNCH) 1997b, pp. 1-19; Steve Perlman and Ken
Wood, National Tropical Botanical Garden (NTBG), pers. comms. 2006). In
1996, two adult plants were found in eastern Molokai within TNCH's
Kamakou Preserve, one next to the Pepeopae Boardwalk and the other east
of Hanalilolilo growing along the fence within the State of Hawaii's
Puu Alii Natural Area Reserve (NAR). Within only a few months of
discovery, the individual growing along the Puu Alii fence died (HBMP
Database 2005; TNCH 1997a, p. 2). In 1997, a single Phyllostegia
individual was discovered on the rim of Pelekunu Valley in the Puu Alii
NAR (HBMP Database 2005; TNCH 1997b, p. 6). There is some uncertainty,
however, as to whether this individual was, in fact, P. hispida, as it
was identified as P. manni by Hawaii Division of Forestry and Wildlife
(DOFAW) staff based upon the size and lobing of its leaves (Robert
Hobdy, Robert Hobdy Environmental Consultant, pers. comm. 2006; Joel
Lau, HBMP, pers. comm. 2006; Torrie Nohara, DOFAW, pers. comm. 2006).
This individual plant was protected from feral ungulates inside a
fenced exclosure. Seeds were collected, and seedlings were produced by
DOFAW and outplanted into the exclosure with the wild plant (T. Nohara,
pers. comm. 2006).
In November 1996, TNCH erected an exclosure around the Pepeopae
Boardwalk individual and began frequent, recurrent weeding and
monitoring within the fenced area (TNCH 1997a, p. 2). They also built
an exclosure approximately 656 ft (200 m) away for future outplantings
of propagated individuals. Plants grown from leaf buds collected from
the Pepeopae Boardwalk plant were outplanted into the exclosure in
December 1997 (TNCH 1998a, p. 7). They survived through 1998 (TNCH
1998b, Appendix 1, dot 28), but have since been confirmed dead (Sam
Aruch, TNCH, pers. comm. 2006; Ed Misaki, TNCH, pers. comm. 2006).
The Pepeopae Boardwalk individual died in 1998 or 1999 (HBMP
Database 2005), and the wild plant and outplantings in Puu Alii NAR,
which may possibly have been Phyllostegia manni and not P. hispida (see
above; the question of taxonomic identity was never resolved), died
several years ago (S. Perlman, pers. comm. 2005; K. Wood, pers. comm.
2005; Guy Hughes, Kalaupapa National Historic Park (KNHP), pers. comm.
2006). The University of Hawaii's Lyon Arboretum has material from the
individual that was growing along the Puu Alii fence and from the
Pepeopae Boardwalk individual in micropropagation (Service Captive
Propagation Database (SCPD) 2005).
Surveys have been conducted in the wet forests of east Molokai over
the years, but failed to locate additional Phyllostegia hispida plants.
The species was thought to have been extirpated from the wild until
2005, when two seedlings were found in a Hanalilolilo stream bank in
Kamakou Preserve, indicating the possible presence of a mature plant,
or plants, somewhere in the vicinity (TNCH 1997b, pp. 1-19; S. Perlman,
pers. comm. 2005; S. Perlman and K. Wood, pers. comms. 2006). One of
the seedlings was collected by a botanist with HBMP and provided to
Lyon Arboretum in Honolulu, which in turn provided it to KNHP on
Molokai for attempted propagation. That plant has since died (G. Hughes
and Bill Garnett, KNHP, pers. comms. 2006). The other seedling was
collected by a botanist with NTBG. Cuttings were propagated from this
seedling and provided to KNHP for growing out (S. Perlman, pers. comm.
2006).
Phyllostegia hispida was again thought to be extirpated from the
wild until a single juvenile plant was discovered in May 2006 within
the Puu Alii NAR along the Puu Alii fenceline at 4,100 ft (1,250 m)
elevation (S. Perlman, pers. comm. 2006). Although protected within a
10-ft (3-m) diameter fenced exclosure (Bryan Stevens, Maui DOFAW, pers.
comm. 2006), that individual has died for unknown reasons (H.
Oppenheimer, Maui Plant Extinction Prevention Program (PEP), pers.
comm. 2007). However, 10 new wild plants were discovered within the Puu
Alii NAR in April 2007; although most are seedlings, one of these
individuals is mature and has fruited and produced seeds (H.
Oppenheimer, pers. comm. 2007). Seeds were collected from the mature
plant and sent to the Lyon Arboretum, and cuttings were taken from some
of the other plants for propagation. Four of the newly discovered
seedlings were found next to the Puu Alii fence, and are enclosed with
temporary fencing material.
In addition to the newly identified wild plants, 12 of the cuttings
that were grown out at KNHP were outplanted into an enclosure in TNCH's
Kamakou Preserve in April 2007, and 11 of these were still doing well
as of June 2007. Another 12 were outplanted into a second enclosure in
Kamakou Preserve in June 2007 (H. Oppenheimer, pers. comm. 2007),
bringing the total number of Phyllostegia hispida plants in the wild to
10 naturally occurring and 23 recently outplanted individuals.
Previous Federal Action
We first identified Phyllostegia hispida as a candidate for listing
in the September 19, 1997, Notice of Review of Plant and Animal Taxa
that are Candidates or Proposed for Listing as Endangered or Threatened
Species (Notice of Review) (62 FR 49397). Candidates are those taxa for
which we have on file sufficient information on biological
vulnerability and threats to support preparation of a listing proposal,
but for which development of a listing regulation is precluded by other
higher priority listing activities.
On May 4, 2004, the Center for Biological Diversity petitioned the
Service to list 225 species of plants and animals as endangered under
the provisions of the Act, including Phyllostegia hispida. In our
Notice of Review, dated September 12, 2006, we retained a listing
priority number of 2 for this species, in accordance with our priority
guidance published on September 21, 1983 (48 FR 43098). A listing
priority of 2 reflects threats that are both imminent and high in
magnitude, as well as the taxonomic classification of P. hispida as a
full species. We determined that publication of a proposed rule to list
the species was precluded by our work on higher priority listing
actions during the period from May 2, 2005, through August 23, 2006 (71
FR 53756). However, we have since completed those actions. As such, we
had available resources to initiate the proposal to list this species.
Summary of Factors Affecting the Species
Section 4 of the Act and its implementing regulations (50 CFR part
424) set forth the procedures for adding species to the Federal list of
endangered and threatened species. A species may be determined to be an
endangered or threatened species due to one or more of the five factors
described in section 4(a)(1) of the Act. The five listing factors are:
(A) The present or threatened destruction, modification, or curtailment
of its habitat or range; (B) overutilization for commercial,
[[Page 9081]]
recreational, scientific, or educational purposes; (C) disease or
predation; (D) the inadequacy of existing regulatory mechanisms; and
(E) other natural or manmade factors affecting its continued existence.
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
As with virtually every other native plant community in the
islands, the wet forests of Molokai where Phyllostegia hispida occurs
have been impacted by introduced (nonnative) pigs and introduced
(nonnative) plants (DOFAW 1991, pp. 3, 14-23; TNCH 1994, pp. 6, 9-12;
HBMP Database 2005). The poor reproduction and survivorship of P.
hispida clearly indicate that the current conditions are less than
optimal for this species, although we do not yet fully understand the
specific mechanisms that are undermining its viability.
Feral Pigs
European pigs, introduced to Hawaii by Captain James Cook in 1778,
hybridized with domesticated Polynesian pigs, became feral, and invaded
forested areas, especially wet and mesic forests and dry areas at high
elevations. They are currently present on Kauai, Niihau, Oahu, Molokai,
Maui, and Hawaii. These introduced pigs are extremely destructive and
have both direct and indirect impacts on native plant communities.
While rooting in the earth in search of invertebrates and plant
material, pigs directly impact native plants by disturbing and
destroying vegetative cover, trampling plants and seedlings, and may
reduce or eliminate plant regeneration by damaging or eating seeds and
seedlings (further discussion of predation is under Factor C, below).
Pigs are a major vector for the establishment and spread of competing
invasive nonnative plant species, by dispersing these plant seeds on
their hooves and coats as well as through their digestive tracts, and
by fertilizing the disturbed soil through their feces. Pigs feed
preferentially on the fruits of many nonnative plants, such as
Passiflora mollisima (banana poka) and Psidium cattleianum (strawberry
guava), thereby facilitating the spread of these invasive species, and
also contribute to erosion by clearing vegetation and creating large
areas of disturbed soil, especially on slopes (Aplet, et al. 1991, p.
56; Smith 1985, pp. 190, 192, 196, 200, 204, 230-231; Stone 1985, pp.
254-255, 262-264; Medeiros, et al. 1986, pp. 27-28; Scott, et al. 1986,
pp. 360-361; Tomich 1986, pp. 120-126; Cuddihy and Stone 1990, pp. 64-
65; Loope, et al. 1991, pp. 1-21; Wagner, et al. 1999, p. 52).
Feral pigs are present in the wet forest habitat formerly and
currently inhabited by Phyllostegia hispida within Puu Alii NAR and
Kamakou Preserve, and their impacts continue to degrade the condition
of the forest there (DOFAW 1991, pp. 3, 14-23; TNCH 1994, pp. 6, 9-12;
HBMP Database 2005). They are considered a major threat to native
species and to the overall health of the watershed in which P. hispida
occurs (DOFAW 1991, pp. 3, 14-23; TNCH 1994, pp. 6, 9-12). Significant
management actions are directed at feral ungulate control in the area
where P. hispida has been found within Puu Alii NAR and Kamakou
Preserve on Molokai, such as large-scale watershed fencing,
construction of ungulate exclosures around rare plants, public hunting,
and staff hunting (TNCH 1997a, pp. 2-3; TNCH 1998a, pp. 1-2, 7; DOFAW
2000, pp. 3, 12; HBMP Database 2005). When the individual P. hispida
was discovered in 1996 next to the boardwalk at Pepeopae, TNCH noted
pig signs (e.g., droppings, evidence of rooting, wallows) in the
vicinity (HPMP Database 2005) and immediately erected a fenced
exclosure around the plant to protect it (TNCH 1997a, pp. 2-3).
Similarly, a fenced exclosure was erected around the individual that
was discovered within the Puu Alii NAR in 1997 to protect it from feral
pigs (T. Nohara, pers. comm. 2006). The juvenile plant discovered
within the Puu Alii NAR in 2005 was immediately fenced to protect it
from feral pigs (B. Stevens, pers. comm. 2006), as were four of the
most recently discovered plants along the fenceline at Puu Alii NAR (H.
Oppenheimer, pers. comm. 2007). Due to the well-documented negative
impacts of feral pigs on native Hawaiian plant communities, the known
habitat degradation caused by pigs in the habitat occupied by P.
hispida, and the continuing presence of pigs in the limited area where
P. hispida is found, we consider habitat modification and degradation
by feral pigs to be a significant and immediate threat to this species.
Nonnative Plants
Introduced nonnative plant species are a pervasive threat to the
native flora throughout the Hawaiian Islands. Of the current total of
nearly 2,000 native and naturalized plant taxa, approximately half are
introduced nonnative species from other parts of the world, and nearly
100 of these are considered invasive pest species (Smith 1985, p. 180).
On the Hawaiian Islands and other tropical islands, studies have shown
that many of these introduced plant taxa outcompete and displace native
plants, and often alter the habitat to the point that it is no longer
suitable for the native plant species; these studies include nonnative
pest plants found in habitat similar to that of Phyllostegia hispida
(Smathers and Gardner 1978, pp. 274-275; Smith 1985, pp. 196, 206, 230;
Loope and Medeiros 1992, pp. 7-8; Medeiros, et al. 1992, pp. 30-32;
Ellshoff, et al. 1995, pp. 1-5; Meyer and Florence 1996, pp. 777-780;
Medeiros, et al. 1997, pp. 30-32; Loope, et al. 2004, pp. 1472-1473).
In particular, nonnative pest plants may make habitat less suitable for
native plants by modifying availability of light, altering soil-water
regimes, modifying nutrient cycling, or altering fire characteristics
of native plant communities (Smith 1985, pp. 206, 217, 225, 227-233;
Cuddihy and Stone 1990, p. 74). Although there is no empirical evidence
specific to P. hispida due to the lack of research on the species,
scientists familiar with P. hispida believe it does not handle either
shade or competition well (H. Oppenheimer, pers. comm. 2007), and
nonnative plants are likely to contribute to both of these conditions.
Examples of some of the nonnative plants documented in the area
occupied by P. hispida include Axonopus fissifolius (narrow-leaved
carpetgrass), Clidemia hirta (Koster's curse), Erechtites
valerianifolia (fireweed), Juncus effuses (Japanese mat rush), Rubus
rosifolius (thimbleberry), and Sacciolepis indica (Glenwood grass).
Because of demonstrated habitat modification and resource competition
by nonnative plant species in habitat similar to the wet forest habitat
of P. hispida, and the ongoing presence of high numbers of invasive
nonnative plant species in the area currently occupied by P. hispida,
we consider habitat modification and degradation by nonnative plants to
be a significant and immediate threat to this species.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Overutilization for commercial, recreational, scientific, or
educational purposes is not known to be a threat to Phyllostegia
hispida, and as such is not addressed in this proposal.
C. Disease or Predation
Because the native vegetation of Hawaii evolved without any
browsing or grazing mammals present, many plant species do not have
natural defenses against such impacts (Carlquist 1980, pp. 173-175;
Lamoureux 1994, pp. 54-55). Native plants such as
[[Page 9082]]
Phyllostegia hispida do not have physical or chemical adaptations, such
as thorns or noxious compounds, to protect them, thereby rendering them
particularly vulnerable to predation by introduced pigs or other
ungulates (Department of Geography 1998, pp. 137-138; Carlquist 1980,
p. 175). Browsing by ungulates has been observed on many other native
plants, including common and rare or endangered species (Cuddihy and
Stone 1990, pp. 64-65). In a study of feral pig populations in the
Kipahulu Valley on the island of Maui, pigs were observed feeding on at
least 40 plant species in the rainforest ecosystem, 75 percent of which
were native plants occurring in the herbaceous understory and subcanopy
layer (Diong 1982, p. 160). Therefore, even though we have no evidence
of direct browsing for P. hispida, given the presence of pigs in the
area where P. hispida occurs, we consider it likely that pigs may
impact the species directly through predation. Therefore, we believe
feral pigs pose a potentially significant and immediate threat to the
species.
D. The Inadequacy of Existing Regulatory Mechanisms
Currently, there are no Federal, State, or local laws, treaties, or
regulations that specifically conserve or protect Phyllostegia hispida
from the threats described in this rule.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
The most significant threat to Phyllostegia hispida is its
extremely low numbers. A total of 33 plants, only one of which is
reproductively mature, are currently known to exist in the wild.
Twenty-three of these are only recently outplanted. Although propagules
of P. hispida have been collected on an opportunistic basis and some
controlled propagation of the species has taken place, there is no
dedicated funding for propagation of the species and no formal plan
exists for outplanting and reintroduction. Outplantings have been
attempted on an ad hoc basis, but unfortunately none of these
outplantings has yet proven successful for more than the short-term.
Species that are known from few wild individuals and are endemic to
a single, small island are inherently more vulnerable to extinction
than widespread species because of the higher risks posed to a few
populations and individuals by genetic bottlenecks, random demographic
fluctuations, and localized catastrophes, such as hurricanes and
disease outbreaks (Mangel and Tier 1994, pp. 607-614; Pimm, et al.
1988, pp. 757-785). In the case of Phyllostegia hispida, the entire
population of the species is small and restricted to a highly localized
geographic area, rendering it highly vulnerable to the risk of
extinction in the wild due to the lack of redundancy in populations.
Although some species are naturally rare, the poor survivorship of P.
hispida suggest that the requisite biological or ecological needs of
the species are not being met under current conditions. Deterministic
factors, such as habitat alteration or loss of a key pollinator, may
have reduced this population to such a small size that it is now
vulnerable to a stochastic extinction event (Gilpin and Soul[eacute]
1986, pp. 24-25). Small population size has therefore become a primary
and immediate threat to this species.
Proposed Determination
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to Phyllostegia hispida. The species' extremely low numbers and highly
restricted geographic range make it particularly susceptible to
extinction at any time from random events such as hurricanes. There is
only one plant known to exist in the wild that is reproductively
mature. Although several individuals have recently been outplanted, no
outplanting effort for this species has yet been successful. Therefore,
the future of these propagated individuals is highly uncertain.
Although the species is found on protected lands, it nonetheless faces
immediate and continuing threats from habitat destruction and
degradation due to feral pig activity, competition with nonnative plant
species, and predation by nonnative mammals, as well as the threat of
extinction at any time from a random stochastic event such as a
hurricane.
The Endangered Species Act (Sec. 3(5)(C)(6)) defines an endangered
species as ``any species which is in danger of extinction throughout
all or a significant portion of its range.'' Based on the immediate and
ongoing significant threats to Phyllostegia hispida throughout its
entire limited range, as described above, and the fact that there is
only one adult reproductive individual of the species known, we
consider the species P. hispida to be in danger of extinction
throughout all of its range. Therefore, on the basis of the best
available scientific and commercial information, we are proposing to
list P. hispida as an endangered species.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing results in public awareness and
conservation by Federal, State, and local agencies, private
organizations, and individuals. The Act encourages cooperation with the
States and requires that recovery actions be carried out for all listed
species. The protection required of Federal agencies and the
prohibitions against certain activities involving listed plants are
discussed, in part, below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) requires Federal agencies to confer with the
Service on any action that is likely to jeopardize the continued
existence of a species proposed for listing or result in destruction or
adverse modification of proposed critical habitat. If a species is
listed subsequently, section 7(a)(2) requires Federal agencies to
ensure that activities they authorize, fund, or carry out are not
likely to jeopardize the continued existence of the species or destroy
or adversely modify its critical habitat. If a Federal action may
adversely affect a listed species or its critical habitat, the
responsible Federal agency must enter into formal consultation with the
Service.
For Phyllostegia hispida, Federal agency actions that may require
consultation as described in the preceding paragraph include the
provision of Federal funds to State and private entities through
Federal programs, such as the Service's Landowner Incentive Program,
State Wildlife Grant Program, and Federal Aid in Wildlife Restoration
program, as well as the various grants administered by the U.S.
Department of Agriculture, Natural Resources Conservation Service.
Other types of actions that may require consultation include Army Corps
of Engineers activities, such as the construction or maintenance of
boardwalks and bridges subject to section 404 of the Clean Water Act
(33 U.S.C. 1344, et seq.).
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply
[[Page 9083]]
to endangered plants. All prohibitions of section 9(a)(2) of the Act,
implemented by 50 CFR 17.61, apply. These prohibitions, in part, make
it illegal for any person subject to the jurisdiction of the United
States to import or export, transport in interstate or foreign commerce
in the course of a commercial activity, sell or offer for sale in
interstate or foreign commerce, or remove and reduce the species to
possession from areas under Federal jurisdiction. In addition, for
plants listed as endangered, the Act prohibits the malicious damage or
destruction on areas under Federal jurisdiction and the removal,
cutting, digging up, or damaging or destroying of such plants in
knowing violation of any State law or regulation, including State
criminal trespass law. Certain exceptions to the prohibitions apply to
agents of the Service and State conservation agencies. Although Hawaii
has a strong Endangered Species law (HRS, Sect. 195-D), Phyllostegia
hispida is not currently protected under that law. Federal listing of
Phyllostegia hispida will automatically invoke State listing under
Hawaii's Endangered Species law and supplement the protection available
under other State laws. The Federal Endangered Species Act will,
therefore, offer additional protection to this species.
The Act and 50 CFR 17.62 also provide for the issuance of permits
to carry out otherwise prohibited activities involving endangered
plants under certain circumstances. Such permits are available for
scientific purposes and to enhance the propagation or survival of the
species. We anticipate that the only permits that would be sought or
issued for Phyllostegia hispida would be in association with recovery
efforts, as this species is not common in cultivation or the wild.
Requests for copies of the regulations regarding listed species and
inquiries about prohibitions and permits may be addressed to U.S. Fish
and Wildlife Service, Ecological Services, Eastside Federal Complex,
911 NE. 11th Avenue, Portland, OR 97232-4181 (telephone 503-231-6158;
facsimile 503-231-6243).
Critical Habitat
Background
Critical habitat is defined in section 3 of the Act as (i) the
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) that may require special management
considerations or protection; and (ii) specific areas outside the
geographic area occupied by a species at the time it is listed, upon a
determination that such areas are essential for the conservation of the
species. Conservation, as defined under section 3 of the Act, means 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.
Critical habitat receives protection under section 7 of the Act
through the prohibition against destruction or adverse modification of
critical habitat with regard to actions carried out, funded, or
authorized by a Federal agency. Section 7(a)(2) requires consultation
on Federal actions that may affect critical habitat. The designation of
critical habitat does not affect land ownership or establish a refuge,
wilderness, reserve, preserve, or other conservation area. Such
designation does not allow government or public access to private
lands. Section 7(a)(2) is a purely protective measure and does not
require implementation of restoration, recovery, or enhancement
measures, although conservation measures are required under section
7(a)(1) of the Act.
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, we designate critical habitat at the time the
species is determined to be endangered or threatened. Our regulations
(50 CFR 424.12(a)(1)) state that the designation of critical habitat is
not prudent when one or both of the following situations exist: (1) The
species is threatened by taking or other human activity, and
identification of critical habitat can be expected to increase the
degree of threat to the species, or (2) such designation of critical
habitat would not be beneficial to the species.
There is no documentation that Phyllostegia hispida is threatened
by taking or other human activity. In the absence of finding that the
designation of critical habitat would increase threats to a species, if
there are any benefits to a critical habitat designation, then a
prudent finding is warranted. The potential benefits include: (1)
Triggering consultation under section 7 of the Act, in new areas for
actions in which there may be a Federal nexus where it would not
otherwise occur because, for example, it is or has become unoccupied or
the occupancy is in question; (2) focusing conservation activities on
the most essential features and areas; (3) providing educational
benefits to State or county governments or private entities; and (4)
preventing people from causing inadvertent harm to the species.
The primary regulatory effect of critical habitat is the section
7(a)(2) requirement that Federal agencies refrain from taking any
action that destroys or adversely affects critical habitat. At present,
the only known extant individuals of Phyllostegia hispida occur on
State and private land, and all previously known occurrences have been
on State and privately owned lands. Further, there are no Federal lands
or lands under Federal jurisdiction in the forests of east Molokai, the
historic range of this species. Therefore, it is unlikely that this
species currently occurs, or would occur in the future, on Federal
lands. Nevertheless, lands that may be designated as critical habitat
in the future for this species may be subject to Federal actions that
trigger the section 7 consultation requirement, such as the granting of
Federal monies for conservation projects and/or the need for Federal
permits for projects, such as the construction and maintenance of
boardwalks and bridges subject to section 404 of the Clean Water Act
(33 U.S.C. 1344, et seq.). There may also be some educational or
informational benefits to the designation of critical habitat.
Educational benefits include the notification of land owners, land
managers, and the general public of the importance of protecting the
habitat of this species. In the case of Phyllostegia hispida, these
aspects of critical habitat designation would potentially benefit the
conservation of the species. Therefore, since we have determined that
the designation of critical habitat will not likely increase the degree
of threat to the species and may provide some measure of benefit, we
find that designation of critical habitat is prudent for Phyllostegia
hispida.
Primary Constituent Elements
In accordance with sections 3(5)(A)(i) and 4(b)(1)(A) of the Act
and regulations at 50 CFR 424.12, in determining which areas to propose
as critical habitat, we must consider those physical and biological
features (primary constituent elements in the necessary and appropriate
quantity and spatial arrangement) essential to the conservation of the
species. We must also consider those areas essential to the
conservation of the species that are outside the geographical area
occupied by the species. These primary
[[Page 9084]]
constituent elements include, but are not limited to, space for
individual and population growth and for normal behavior; food, water,
or other nutritional or physiological requirements; cover or shelter;
sites for breeding, reproduction, rearing of offspring, germination, or
seed dispersal; and habitats that are protected from disturbance or are
representative of the historical geographical and ecological
distributions of a species.
We are currently unable to identify the primary constituent
elements for Phyllostegia hispida, because information on the physical
and biological features that are considered essential to the
conservation of this species is not known at this time. As discussed in
the ``Species Information'' section of this proposed rule, between the
years 1910 and 1996 only 10 occurrences of P. hispida were documented,
and the location information for these occurrences was recorded at a
relatively coarse scale. Elevations are known only for the few
individuals discovered within the last 10 years. From 1996 through 2005
a total of only 6 plants (3 adults, 2 seedlings, and 1 juvenile) were
located, all existing only as single individuals in disparate
locations. All of the previously known adults have died without
reproducing naturally in the wild; the first mature plant to be
observed fruiting was just discovered in April 2007. The two seedlings
discovered in 2005 were collected and deposited with propagation
facilities to attempt production of additional seedlings for
outplanting in the future. The reasons for the deaths of the three
adult and one juvenile plants are unknown, as are the reasons for poor
natural reproduction in the wild. Key features of the plant's life
history, such as longevity, dispersal mechanisms, or vectors for
pollination, are unknown.
The plant community where the few remaining wild individuals of
Phyllostegia hispida are found has been highly modified by the presence
of nonnative plants and feral pigs, and the poor viability of the
species occurrences observed in recent years indicates that current
conditions are not sufficient to meet the basic biological requirements
of this species. Because P. hispida has never been observed in an
unaltered environment, the optimal conditions that would provide the
biological or ecological requisites of the species are not known.
Although, as described above, we can surmise that habitat degradation
from a variety of factors has contributed to the decline of the
species, we do not know specifically what essential physical or
biological features of that habitat are currently lacking for P.
hispida. As we are unable to identify the physical and biological
features essential to the conservation of P. hispida, we are unable to
identify areas that contain these features.
Therefore, although we have determined that the designation of
critical habitat is prudent for Phyllostegia hispida, since the
biological requirements of the species are not sufficiently known, we
find that critical habitat for P. hispida is not determinable at this
time.
Peer Review
In accordance with our joint policy published in the Federal
Register on July 1, 1994 (59 FR 34270), 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 rule is based on scientifically sound data,
assumptions, and analyses. We will send these peer reviewers copies of
this proposed rule immediately following publication in the Federal
Register. We will invite these peer reviewers to comment, during the
public comment period, on the specific assumptions and conclusions
regarding the proposal to list Phyllostegia hispida as endangered and
our decision regarding critical habitat for this species.
We will consider all comments and information received during the
comment period on this proposed rule during preparation of a final
rulemaking. Accordingly, the final decision may differ from this
proposal.
Public Hearings
The Act provides for one or more public hearings on this proposal,
if requested. Requests must be received within 45 days after the date
of publication of this proposal in the Federal Register. Such requests
must be made in writing and be addressed to the Field Supervisor at the
address in the ADDRESSES section.
Clarity of the Rule
Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this rule easier to understand including answers to questions such as
the following: (1) Are the requirements in the rule clearly stated? (2)
Does the rule contain technical language or jargon that interferes with
its clarity? (3) Does the format of the rule (grouping and order of
sections, use of headings, paragraphing, etc.) aid or reduce its
clarity? (4) Would the rule be easier to understand if it were divided
into more (but shorter) sections? (5) Is the description of the rule in
the SUPPLEMENTARY INFORMATION section of the preamble helpful in
understanding the emergency rule? What else could we do to make the
rule easier to understand?
Send a copy of any comments that concern how we could make this
rule easier to understand to Office of Regulatory Affairs, Department
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240.
You also may e-mail the comments to this address: [email protected].
Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.)
This rule does not contain any new collections of information that
require approval by Office of Management and Budget (OMB) under the
Paperwork Reduction Act. This rule will not impose recordkeeping or
reporting requirements on State or local governments, individuals,
businesses, or organizations. An agency may not conduct or sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.
National Environmental Policy Act
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act of 1969, need not be prepared in connection
with regulations adopted pursuant to section 4(a) of the Act. We
published a notice outlining our reasons for this determination in the
Federal Register on October 25, 1983 (48 FR 49244).
References Cited
A complete list of all references cited in this rule is available
on the Internet at http://www.regulations.gov or upon request from the
Field Supervisor, Pacific Islands Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT section).
Author(s)
The primary author of this document is staff from the Pacific
Islands Fish and Wildlife Office (see ADDRESSES).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
[[Page 9085]]
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Public Law 99-625, 100 Stat. 3500, unless otherwise
noted.
2. In Sec. 17.12(h) add the following to the List of Endangered
and Threatened Plants in alphabetical order under Flowering Plants:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Flowering Plants
* * * * * * *
Phyllostegia hispida............. None................ U.S.A. (HI)........ Lamiaceae--Mint.... E TBD NA NA
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: February 5, 2008.
Kenneth Stansell,
Deputy Director, U.S. Fish and Wildlife Service.
[FR Doc. E8-2841 Filed 2-15-08; 8:45 am]
BILLING CODE 4310-55-P