Endangered and Threatened Wildlife and Plants; Revised Determinations of Prudency and Proposed Designations of Critical Habitat for Plant Species From the Islands of Kauai and Niihau, Hawaii

We, the U.S. Fish and Wildlife Service (Service), originally determined that designation of critical habitat was prudent, and proposed designation of critical habitat for 76 plants from the islands of Kauai and Niihau on November 7, 2000. We incorporate those 76 prudency determinations here. In this proposal we have revised the proposed designations to incorporate new information, and/or address comments and new information received during the comment periods. In the November 7, 2000, proposal we did not propose critical habitat for three species of loulu palms, Pritchardia aylmer- robinsonii, P. napaliensis, and P. viscosa. We determined that critical habitat designation was not prudent because it would likely increase the threats from vandalism or collection of these species on Kauai and Niihau, and no change is made to that determination here. We also did not propose critical habitat for two species, Melicope quadrangularis and Phyllostegia waimeae, which had not been seen in the wild and for which no viable genetic material of these species was known to exist. Due to new information received during the comment periods regarding the rediscovery of Phyllostegia waimeae on Kauai, we have reconsidered our earlier finding and determine that critical habitat is prudent for this species. Designation of critical habitat is proposed for this species on Kauai. No change is made here to the November 7, 2000, not prudent determination for Melicope quadrangularis. In the November 7, 2000, proposal we did not determine prudency nor propose designation of critical habitat for 14 species that no longer occur on Kauai and Niihau but are reported from one or more other islands. We determined that critical habitat was prudent and proposed designation of critical habitat for nine of these species (Ctenitis squamigera, Diellia erecta, Diplazium molokaiense, Hibiscus brackenridgei, Ischaemum byrone, Mariscus pennatiformis, Phlegmariurus manni, Silene lanceolata, and Vigna o-wahuensis) in other proposed rules published on December 18, 2000 (Maui and Kahoolawe), on December 27, 2000 (Lanai), and on December 29, 2000 (Molokai). In this proposal we incorporate the prudency determinations for these nine species and propose designation of critical habitat for Ctenitis squamigera, Diellia erecta, Diplazium molokaiense, Ischaemum byrone, Mariscus pennatiformis. Critical habitat is not proposed for Hibiscus brackenridgei, Phlegmariurus manni, Silene lanceolata, and Vigna o- wahuensis on the islands of Kauai and Niihau because we are unable to determine habitat which is essential to their conservation on these islands. We determined that critical habitat was not prudent for Acaena exigua, a species known only from Kauai and Maui, in the proposal published on December 18, 2000 (Maui and Kahoolawe). This species had not been seen recently in the wild and no viable genetic material was known to exist. No change is made here to the earlier prudency determination for this species. In this proposal, we determine that critical habitat is prudent for four other species (Achyranthes mutica, Isodendrion pyrifolium, Phlegmariurus nutans, and Solanum incompletum) for which prudency determinations have not been made previously, and that no longer occur on Kauai but are reported from one or more other islands. Critical habitat is proposed at this time for Phlegmariurus nutans on Kauai based on new information and information received during the comment periods on the November 7, 2000, proposal. Critical habitat is not proposed for Achyranthes mutica, Isodendrion pyrifolium, and Solanum incompletum on the islands of Kauai and Niihau because we are unable to determine habitat which is essential to their conservation on these islands. We are now proposing critical habitat for 83 of the 95 species from the islands of Kauai and Niihau. Critical habitat is not proposed for seven of the 95 species (Achyranthes mutica, Hibiscus brackenridgei, Isodendrion pyrifolium, Phlegmariurus mannii, Silene lanceolata, Solanum incompletum, and Vigna o-wahuensis) which no longer occur on the islands of Kauai or Niihau, and for which we are unable to determine any habitat that is essential to their conservation on the islands of Kauai or Niihau. Critical habitat is not proposed for three species of loulu palm, Pritchardia aylmer-robinsonii, P. napaliensis, and P. viscosa for which we determined, on November 7, 2000, that critical habitat designation is not prudent because it would likely increase the threats from vandalism or collection of these species on Kauai and Niihau, and no change is made to that determination here. Critical habitat is not proposed for two species, Melicope quadrangularis and Acaena exigua, for which we determined, on November 7, 2000, and December 18, 2000, respectively, that critical habitat was not prudent because they had not been seen recently in the wild, and no viable genetic material of these species was known. No change is made to that determination here. We propose critical habitat designations for 83 species within 15 critical habitat units totaling approximately 40,147 hectares (ha) (99,206 acres (ac)) on the island of Kauai, and within one critical habitat unit totaling approximately 282 ha (697 ac) on the island of Niihau. If this proposal is made final, section 7 of the Act requires Federal agencies to ensure that actions they carry out, fund, or authorize do not destroy or adversely modify critical habitat to the extent that the action appreciably diminishes the value of the critical habitat for the survival and recovery of the species. Section 4 of the Act requires us to consider economic and other relevant impacts of specifying any particular area as critical habitat. We solicit data and comments from the public on all aspects of this proposal, including data on the economic and other impacts of the designations. We may revise or further refine critical habitat boundaries prior to final designation based on habitat and plant surveys, public comment on the revised proposed critical habitat rule, and new scientific and commercial information.