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Rule2024-04588

Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for 12 Species on Hawai`i Island

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Published

March 12, 2024

Effective

April 11, 2024

Issuing agencies

Interior DepartmentFish and Wildlife Service

Abstract

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for 12 federally endangered species on the island of Hawai`i under the Endangered Species Act of 1973 (Act), as amended. In total, approximately 119,326 acres (48,289 hectares) on the island of Hawai`i, in the State of Hawaii, fall within the boundaries of the critical habitat designation. This rule extends the Act's protections to these species' designated critical habitats.

Full Text

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[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Rules and Regulations]
[Pages 17902-17981]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04588]

[[Page 17901]]

Vol. 89

Tuesday,

No. 49

March 12, 2024

Part II

Department of the Interior

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Fish and Wildlife Service

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50 CFR Part 17

Endangered and Threatened Wildlife and Plants; Designation of Critical
Habitat for 12 Species on Hawai`i Island; Final Rule

Federal Register / Vol. 89 , No. 49 / Tuesday, March 12, 2024 / Rules
and Regulations

[[Page 17902]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2023-0017; FXES1111090FEDR-245-FF09E21000]
RIN 1018-BG65

Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for 12 Species on Hawai`i Island

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate
critical habitat for 12 federally endangered species on the island of
Hawai`i under the Endangered Species Act of 1973 (Act), as amended. In
total, approximately 119,326 acres (48,289 hectares) on the island of
Hawai`i, in the State of Hawaii, fall within the boundaries of the
critical habitat designation. This rule extends the Act's protections
to these species' designated critical habitats.

DATES: This rule is effective April 11, 2024.

ADDRESSES: This final rule is available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R1-ES-2023-0017 and at <a href="https://www.fws.gov/project/critical-habitat-hawaii-island-species">https://www.fws.gov/project/critical-habitat-hawaii-island-species</a>. Comments
and materials we received are available for public inspection at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R1-ES-2023-0017.
Availability of supporting materials: Supporting materials we used
in preparing this rule, such as the draft recovery plan, 5-year status
reviews, and other materials relating to this critical habitat
designation, including coordinates or plot points or both from which
the maps are generated, are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
under Docket No. FWS-R1-ES-2023-0017.

FOR FURTHER INFORMATION CONTACT: Earl Campbell, Project Leader, U.S.
Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office,
300 Ala Moana Boulevard Room 3-122, Honolulu, HI 96850; telephone 808-
792-9400. Individuals in the United States who are deaf, deafblind,
hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.

SUPPLEMENTARY INFORMATION:

Executive Summary

Why we need to publish a rule. Under the Act (16 U.S.C. 1531 et
seq.), to the maximum extent prudent and determinable, we must
designate critical habitat for any species that we determine to be an
endangered or threatened species. Making a critical habitat
determination can be completed only by issuing a rule through the
Administrative Procedure Act rulemaking process (5 U.S.C. 551 et seq.).
What this document does. This rule designates approximately 119,326
acres (ac) (48,289 hectares (ha)) as critical habitat for 12 federally
endangered species (11 plants, 1 insect) on the island of
Hawai[revaps]i in the State of Hawai`i.
The basis for our action. Under section 4(a)(3) of the Act, if we
determine that a species is an endangered or threatened species, the
Secretary of the Interior (Secretary) must designate critical habitat
to the maximum extent prudent and determinable. Section 3(5)(A) of the
Act defines critical habitat as (i) the specific areas within the
geographical area occupied by the species, at the time it is listed, on
which are found those physical or biological features (I) essential to
the conservation of the species and (II) which may require special
management considerations or protection; and (ii) specific areas
outside the geographical area occupied by the species at the time it is
listed, upon a determination by the Secretary that such areas are
essential for the conservation of the species. Section 4(b)(2) of the
Act states that the Secretary must make the designation on the basis of
the best scientific data available and after taking into consideration
the economic impact, the impact on national security, and any other
relevant impacts of specifying any particular area as critical habitat.

Previous Federal Actions

Please refer to the proposed and final listing rules (77 FR 63928,
October 17, 2012; 78 FR 64638, October 29, 2013) and proposed critical
habitat rule (88 FR 18756, March 29, 2023) for a detailed description
of previous Federal actions concerning the species addressed in this
final rule.

Peer Review

In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270), and our August 22,
2016, memorandum updating and clarifying the role of peer review of
listing actions under the Act, we solicited independent scientific
review of the information contained in the proposed critical habitat
rule (88 FR 18756, March 29, 2023). We sent the proposed rule to five
independent peer reviewers and received three separate peer reviewer
responses. The peer reviews can be found at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. We incorporated the results of these reviews, as
appropriate, into this final rule. A summary of the peer review
comments and our responses can be found under Summary of Comments and
Recommendations, below.

Summary of Changes From the Proposed Rule

After considering the comments we received during the public
comment period on our March 29, 2023, proposed rule to designate
critical habitat for the 12 federally endangered species on the island
of Hawai[revaps]i (88 FR 18756) and relevant information that became
available since the proposed rule published, we made changes to this
final critical habitat rule. No changes were required for our economic
analysis after considering public comments; thus, we finalized the
economic analysis of the designation. We made many small,
nonsubstantive changes and corrections throughout this document that do
not affect the designation (e.g., updating the Background discussion in
this rule's preamble in response to comments, and making other minor
clarifications). Below is a summary of changes made in this final rule;
please note that an explanation of plant sections and their correlation
to designated critical habitat units for the plants that are the
subjects of this rule is provided under Final Critical Habitat
Designation, below.
(1) We make minor clarifications and elaborate on our rationale for
concluding in our proposed rule (88 FR 18756, March 29, 2023) that the
designation of critical habitat is not prudent at this time for
Pritchardia lanigera (loulu) and Vetericaris chaceorum (anchialine pool
shrimp).
(2) We correct the range information for Cyrtandra wagneri to
include only the Mauna Kea region, resulting in the removal of all
unoccupied critical habitat units for this species. Specifically, this
designation does not include critical habitat for C. wagneri that we
proposed in units 23, 24 (Sections 8 and 9), 28, 29, 30, 42, 43, 44,
45, 46, and 51. The critical habitat we are designating for C. wagneri
in this rule includes only two occupied units:

[[Page 17903]]

units 3 and 52 in Section 1. This is a decrease of approximately 72,469
ac (29,328 ha) from the critical habitat we proposed for C. wagneri on
March 29, 2023 (88 FR 18756). However, because all of the unoccupied
critical habitat units that we proposed for C. wagneri are also
occupied by other plants for which we are designating critical habitat
in this rule, not designating these units for C. wagneri does not
change the total area designated as critical habitat in this rule.
(3) We remove the proposed Drosophila digressa--Unit 6 from this
final designation; however, this same area was proposed, and remains in
this final rule, as designated critical habitat for Cyanea marksii,
Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae in Section 6, units 16 and 40.
(4) We revise the critical habitat designation to add a new unit
for Drosophila digressa (a new Drosophila digressa--Unit 6), based on
new information we received in peer review comments regarding recent
surveys in South Kona. Within the same boundaries of the new Drosophila
digressa--Unit 6, we created a new plant Section 20 that contains Unit
56 for Cyanea marksii and Schiedea diffusa ssp. macraei. The new unit
(Drosophila digressa--Unit 6, and Unit 56 for Cyanea marksii and
Schiedea diffusa ssp. macraei) results in an increase of 224 ac (91 ha)
of delineated critical habitat from the areas we proposed.
(5) Pursuant to section 4(b)(2) of the Act (16 U.S.C. 1533(b)), in
this final designation, we exclude lands in 12 areas in 7 units owned
by the following entities: the Kamehameha Schools; Parker Ranch
Waipunalei, LLC; Parker Ranch Waiemi, LLC; State Department of Hawaiian
Home Lands; Laup[amacr]hoehoe Nui; Kahua Ranch; and Queen Emma
Foundation. This amounts to a decrease of approximately 3,172 ac (1,284
ha) from the critical habitat areas we proposed.
(6) We do not exclude The Nature Conservancy's land in Section 13
(Unit 41 for Cyanea tritomantha, Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae)
and Drosophila digressa--Unit 5 based on information we received from
public comments. This area of approximately 986 ac (399 ha) is
designated as critical habitat in this final rule.
(7) In the March 29, 2023, proposed rule (88 FR 18756), we
erroneously included 125 ac (51 ha) as part of plant Section 8, Unit
24, even though those acres actually belonged in plant Section 8, Unit
44. We correct that error in this final rule by transferring in our
acreage totals 125 ac (51 ha) from Unit 24 to Unit 44 in plant Section
8.
(8) In the March 29, 2023, proposed rule (88 FR 18756), we
erroneously included 469 ac (190 ha) as part of plant Section 11, Unit
30, even though those acres actually belonged in plant Section 11, Unit
51. We correct that error in this final rule by transferring in our
acreage totals 469 ac (190 ha) from Unit 30 to Unit 51 in plant Section
11.
(9) We made minor adjustments to the elevations we provided in the
proposed rule related to the different ecosystem types which we used to
determine the physical or biological features essential to each of the
12 species. We made these adjustments in this final rule to mirror
exactly the elevations given in the scientific literature source from
which each was derived. Specifically, we more accurately report: the
elevation of the coastal ecosystem as less than 984 feet (ft) (300
meters (m)), instead of rounding to less than 980 ft; the elevation of
the mesic forest as less than 6,562 ft (2,000 m), instead of rounding
to less than 6,600 ft; the elevation of wet forest as less than 7,218
ft (2,200 m), instead of rounding to less than 7,300 ft; the elevation
of mesic grassland and shrubland as 98 ft to 7,546 ft (30 to 2,300 m),
instead of rounding to 100 ft to 7,500 ft; and the elevation of wet
grassland and shrubland as 656 ft to 2,953 ft (200 to 900 m), instead
of rounding to 660 ft to 2,950 ft.
(10) There are minor differences in area measurements reported in
our March 29, 2023, proposed rule (88 FR 18756) compared to this final
rule due to digital mapping discrepancies between Tax Map Key (TMK)
parcel Geographic Information System (GIS) data (Hawaii Statewide GIS
Program 2022, entire) and the National Oceanic and Atmospheric
Administration's (NOAA's) Coastal Change Analysis Program coastline
data (Office for Coastal Management 2023, entire). Additionally, we
received updated TMK parcel GIS data from Hawaii County that resulted
in a 23-ac (9-ha) discrepancy for Parker Ranch lands in this final rule
when compared to the acreages presented in our March 29, 2023, proposed
rule. As a result, we identified that we were considering for exclusion
349 ac (141 ha) of Parker Ranch land in Section 3, Unit 54, in the
proposed rule, but that updated acreage which we exclude in the final
rule is 372 ac (150 ha). Further, minor differences (1 to 2 acres or
hectares) in areas reported between the proposed rule and this final
rule may exist as an artifact of summing, rounding, and conversion from
acreage to hectarage.
(11) We removed 4 ac (2 ha) from the proposed plant Section 2, Unit
53 and plant Section 8, Unit 44, in this final rule. These 4 ac (2 ha)
consisted of small slivers, ranging in size from less than 0.01 ac (0
ha) to 1.09 ac (0.4 ha), that had been part of the proposed designation
in Unit 53 and Unit 44. However, once we excluded the Kamehameha
Schools land from Unit 53 and Unit 44 in the final designation, these
slivers were left because the base layer and TMK layer did not align
with each other after the removal of the Kamehameha Schools exclusion.
This misalignment of the base layer and TMK layer is due to digital
mapping discrepancies, and the slivered 4 ac (2 ha) left over as a
result of this spatial analysis are artifacts of these discrepancies
rather than real acres of land that are being included or excluded as
part of the critical habitat designation.
Beyond those changes, this critical habitat designation is
unchanged from what we proposed on March 29, 2023 (88 FR 18756).

Summary of Comments and Recommendations

In the proposed critical habitat rule published on March 29, 2023
(88 FR 18756), we requested that all interested parties submit written
comments on the proposal by May 30, 2023. We also contacted appropriate
Federal and State agencies, scientific experts and organizations, and
other interested parties and invited them to comment on the proposal.
Digital newspaper notices inviting general public comment were
published by Pacific Media Group, covering the communities of Maui and
Hawai`i Island, as well as a radio and television broadcast airing on
Hawai`i Public Radio and Hawai`i News Now, respectively. We held a
public hearing on April 20, 2023. All substantive information we
received during the comment period, as described above, on the proposal
has either been incorporated directly into this final rule or is
addressed below.

Peer Reviewer Comments

As noted above in Peer Review, we received comments from three peer
reviewers on the proposed rule. We reviewed all comments we received
from the peer reviewers for substantive issues and new information
regarding the species and their habitats. The peer reviewers generally
concurred with our designations of critical habitat and conclusions,
and provided additional information, clarifications, and

[[Page 17904]]

suggestions to improve the designation. The additional details and
information received or raised by the peer reviewers have been
incorporated into this final rule, as appropriate. Peer reviewer
comments are addressed in the following summary.
(1) Comment: One reviewer provided information regarding habitat
conditions that do not support Drosophila digressa in
K[imacr]p[amacr]hoehoe Natural Area Reserve in Drosophila digressa--
Unit 6.
Our response: The K[imacr]p[amacr]hoehoe Natural Area Reserve was
not occupied by Drosophila digressa at the time of listing. Based on
the information available at the time of our proposed critical habitat
designation, this area appeared to contain the physical or biological
features essential to the conservation of the species, and we therefore
included it in our proposed designation. The commenter provided
information on the habitat conditions of K[imacr]p[amacr]hoehoe Natural
Area Reserve in Drosophila digressa--Unit 6 that were not available to
us at the time we proposed critical habitat. After we reviewed the new
information provided by the commenter, we agree that the wet to mesic
forest there does not support the host plants for D. digressa, and that
the younger lava flows outside of the k[imacr]puka (vegetated areas
surrounded by bare lava flows) are unsuitable for the host plants of D.
digressa. Because the new information indicates that the area likely
does not contain the host plants for D. digressa, and is therefore
unsuitable for D. digressa, we removed the proposed Drosophila
digressa--Unit 6 from this final critical habitat designation.
(2) Comment: One reviewer suggested that additional critical
habitat should be designated for a new population of Drosophila
digressa discovered in 2022 in lower Honomalino Forest Reserve within
existing plant critical habitat unit Hawaii 17--Asplenium dielerectum--
a and Hawaii 17--Flueggea neowawraea--a (see 50 CFR 17.99(k) and 68 FR
39624 at 39740-39741, July 2, 2003).
Our response: In our March 29, 2023, proposed critical habitat rule
(88 FR 18756), we requested from the public any new information
regarding additional areas occurring within the range of each species
that should be included in our critical habitat designation because
they were occupied at the time of listing and contain the physical or
biological features essential to the conservation of the species. The
commenter provided new information on a population of Drosophila
digressa that was unknown to the Service at the time we delineated the
proposed critical habitat designation (Magnacca 2023a, pers. comm.;
Magnacca 2023b, pers. comm.). We expect that this D. digressa
population was present at the time the species was listed because the
location of this population contains suitable habitat for D. digressa,
is protected as State Forest Reserve land, and is within the known
range of the species. However, because this area was previously
unsurveyed, the population was not discovered until surveyed in 2022.
We considered the commenter's suggestion to add the new population of
D. digressa to the area currently designated as plant critical habitat
unit Hawaii 17--Asplenium dielerectum--a and Hawaii 17--Flueggea
neowawraea--a (see 50 CFR 17.99(k)), but we determined that the newly
discovered D. digressa population does not overlap with that existing
critical habitat. However, after reviewing the information on the new
population provided by the commenter and applying our critical habitat
delineation methodology (as described under Criteria Used To Identify
Critical Habitat in our March 29, 2023, proposed critical habitat rule
(88 FR 18756 at 18765-18767)), we determined that the new D. digressa
population area meets the criteria for designation as critical habitat.
Therefore, in this rule, we designate a new critical habitat unit in
South Kona named Drosophila digressa--Unit 6, as described above in
Summary of Changes from the Proposed Rule and detailed below. (Note
that this new Drosophila digressa--Unit 6 replaces the proposed
Drosophila digressa--Unit 6, which we discuss above in our response to
(1) Comment.)
Additionally, we applied our critical habitat delineation
methodology to the new Drosophila digressa--Unit 6 in South Kona and
found that it also meets the criteria for two plant species included in
this rule, Cyanea marksii and Schiedea diffusa ssp. macraei. Using the
same boundaries of the Drosophila digressa--Unit 6, we created a new
plant Section 20, which contains Unit 56 for Cyanea marksii and
Schiedea diffusa ssp. macraei. The new unit (Drosophila digressa--Unit
6, and Unit 56 for Cyanea marksii and Schiedea diffusa ssp. macraei) is
224 ac (91 ha) and consists of State-owned lands.
(3) Comment: One reviewer provided additional information and
commented that Cyrtandra wagneri should be added to Unit 54 because the
species was found in the Kohala Mountains as of 2009.
Our response: The reviewer did not provide specific information on
the current status of Cyrtandra wagneri in Unit 54, except for photos
of the observed plant. We asked a State of Hawaii botanist to review
the photographs provided by the reviewer, and they noticed a slight
difference in the flower structure of the photographed plant from that
of C. wagneri, which they thought suggested that the plant in the
photograph was most likely a hybrid or another species of Cyrtandra. We
reviewed the best available information describing the occurrences and
physical or biological features essential to the conservation of C.
wagneri in this unit and found no records in our database indicating
that C. wagneri occurred in the Kohala Mountains. Our species range map
for C. wagneri does not include the Kohala Mountains; therefore, this
occurrence is outside the known range of C. wagneri. In
Laup[amacr]hoehoe, where C. wagneri naturally occurs, C. wagneri has
been documented to hybridize with the endangered Cyrtandra
tintinnabula. The Service and the State no longer have access to survey
this area, and, at this time, the best available information indicates
that C. wagneri has become hybridized or been extirpated from Unit 54.
Therefore, we do not designate Unit 54 as critical habitat for C.
wagneri in this rule.

Federal Agency Comments

(4) Comment: The U.S. Army at P[omacr]hakuloa Training Area (PTA)
provided comments specific to the proposed critical habitat designation
for Schiedea hawaiiensis in the Pu`u Anahulu region adjacent to the PTA
(Unit 55). The Department of Defense (DoD) awarded Readiness and
Environmental Protection Integration (REPI) Program grants to the State
of Hawaii Division of Forestry and Wildlife (DOFAW) to implement
conservation actions at Pu`u Anahulu, creating a Federal nexus for
activities at Pu`u Anahulu that are implemented under REPI, requiring
consultation under section 7(a)(2) of the Act. As a result, the
commenter stated that these activities will likely increase their
consultation workload. They also stated that because wildfire risk to
the proposed critical habitat unit in Pu`u Anahulu is greater than that
to Schiedea hawaiiensis and its habitat at the PTA installation, they
would need to implement additional conservation measures to minimize
wildfire risk to the proposed critical habitat unit as a result of
military training at PTA. They also expressed concern that training
restrictions may increase in comparison to those currently implemented
or anticipated as part of the planned comprehensive programmatic

[[Page 17905]]

consultation for PTA. They stated that the additional economic and
administrative burden (e.g., section 7 consultation) to the U.S. Army
that would result from the proposed critical habitat at Pu`u Anahulu
was not accounted for in the draft economic analysis.
Our response: The Pu`u Anahulu area that the commenter refers to is
a State of Hawaii Game Management Area within critical habitat Unit 55.
As such, the critical habitat designation there will affect the DoD
only for activities that they fund at Pu`u Anahulu through the REPI
Program. Activities funded through the REPI Program would include
wildland fire risk management conducted by the State of Hawaii that
would provide a conservation benefit to Schiedea hawaiiensis. Due to
the nature of these management actions, we anticipate any additional
consultation burdens resulting from the Service's designation of Unit
55 as critical habitat would be primarily administrative. Further, our
understanding is that the DoD is already conducting and planning
conservation measures to minimize wildfire risk as a result of military
training at PTA both on and off of the installation, and that these
measures would be no different than those that may apply to the new
critical habitat in Unit 55. We will continue to work with the DoD's
REPI Program to assist them in meeting their section 7 consultation
requirements. Further, any additional future conservation measures to
minimize wildfire risk to Unit 55 as a result of military training at
the adjacent PTA will depend upon the U.S. Army's proposed action as
described in their upcoming biological assessment.

State Agency Comments

(5) Comment: The State of Hawaii DOFAW questioned why the lands of
Pu`u Anahulu in Unit 55 are being designated, as these lands constitute
a Game Management Area and have a draft habitat conservation plan that
covers management of the area. Additionally, the State mentioned that
DoD's REPI Program is funding fencing, fuels management, and seed
collection/banking for all known rare species in the area and is
concerned that additional compliance measures may be required if
critical habitat is designated.
Our response: As described in our March 29, 2023, proposed rule, we
delineated critical habitat areas based on the defined methodology and
identified areas that contain the physical or biological features
essential to the conservation of the species. While Section 19, Unit 55
is within a Game Management Area, the area contains the physical or
biological features essential to the conservation of Schiedea
hawaiiensis. The characteristics of Section 19 are described under
Descriptions of Critical Habitat, below. Additionally, existing
conservation actions being led by DOFAW that occur within Section 19
contribute to the conservation of S. hawaiiensis habitat despite the
area's categorization as a Game Management Area.
The most recent draft habitat conservation plan (HCP) for game
management at Pu`u Wa`awa`a and Pu`u Anahulu was published on August
14, 2017, as a ``working document.'' The DOFAW last received funding
under section 6 of the Act from the Service's habitat conservation
planning assistance program in 2011 to complete the final HCP, which
was not completed (Hawaii Department of Land and Natural Resources
(DLNR)-DOFAW 2017, entire). We met with DOFAW during the March 29,
2023, proposed rule's (88 FR 18756) comment period to discuss planned
actions for the Pu`u Anahulu area, and they indicated that planned
actions would support the habitat for Schiedea hawaiiensis and other
native at-risk species. However, apart from these planned actions, we
confirmed with DOFAW that development of the draft game management HCP
was discontinued. According to DOFAW and our records, there is
currently no support to continue developing the draft HCP or game
management plan. In regard to REPI, we acknowledge the importance of
the conservation actions that will benefit rare species and their
habitats resulting from the DoD's REPI Program funding to DOFAW for
conservation actions in the Pu`u Anahulu area. As such, we are working
with DoD's REPI Program to assist them in meeting their section 7
consultation requirements, independent of the potential HCP.
The Service is not relieved of its statutory obligation to
designate critical habitat based on the contention that such
designation will not provide additional conservation benefit or because
adequate protections are already in place (see Special Management
Considerations or Protection, below). If any area provides the physical
or biological features essential to the conservation of the species,
even if that area is already well managed or protected, that area still
qualifies as critical habitat under the statutory definition.
(6) Comment: The State of Hawaii DOFAW stated that plant Section 18
(Unit 50 for Cyrtandra nanawaleensis, in the Halepua`a Section of the
N[amacr]n[amacr]wale Forest Reserve) is severely degraded and unlikely
to support any more remnant Cyrtandra nanawaleensis. They stated that
the most recent monitoring of that location indicated that very few
plants remain, despite protections from pigs.
Our response: When the October 29, 2013, final listing rule for
Cyrtandra nanawaleensis was published (78 FR 64638), the Halepua`a
section of the N[amacr]n[amacr]wale Forest Reserve was one of five
known occurrences for this species. As directed by the Act, we proposed
as critical habitat those areas occupied by the species at the time of
listing that contain the physical or biological features essential to
the conservation of the species and which may require special
management considerations or protection. At this time, the best
available information indicates that C. nanawaleensis occupied plant
Section 18 (Unit 50 for Cyrtandra nanawaleensis) at the time of
listing. In addition, the best available information, which includes
the most recent 5-year review for C. nanawaleensis (Service 2020, pp.
9-10), indicates that plant Section 18 is still occupied and contains
the physical or biological features essential to the conservation of
the species. Therefore, we are designating Unit 50 as critical habitat
for Cyrtandra nanawaleensis in this rule.
(7) Comment: The State of Hawaii DOFAW stated that they are not
aware of Schiedea hawaiiensis occurring on State-owned lands in plant
Section 19 (Unit 55). They questioned why critical habitat is being
designated on State lands in this parcel, but not on Federal lands
where Schiedea hawaiiensis is known to occur. They claim that the DoD
has more protected lands with the species' suitable habitat type than
exist on the adjacent State land, and that DoD activities pose one of
the greatest threats--fire--as demonstrated by August 2022's boundary-
crossing Leilani fire.
Our response: We agree that there are no known occurrences of
Schiedea hawaiiensis on State-owned lands in Section 19 (Unit 55). We
identified Section 19 (Unit 55) as unoccupied critical habitat for S.
hawaiiensis. Unoccupied areas are needed for the expansion or
augmentation of reduced populations or the reestablishment of
populations. The Act specifically requires the Service to designate
critical habitat for listed species to the maximum extent prudent and
determinable and does not restrict such designation to particular land
ownership. Rather, areas that meet the definition of critical habitat,
as determined on the basis of the best scientific data available, are
proposed

[[Page 17906]]

for designation. We are designating critical habitat for S. hawaiiensis
only on State-owned lands in Section 19 (Unit 55) because the Federal
lands (i.e., the P[omacr]hakuloa Training Area) where S. hawaiiensis
occurs are exempt from the critical habitat designation in accordance
with section 4(a)(3)(B)(i) of the Act (see Exemptions, below).
Section 4(a)(3)(B)(i) of the Act (16 U.S.C. 1533(a)(3)(B)(i))
provides that the Secretary shall not designate as critical habitat any
areas owned or controlled by the DoD that are subject to an integrated
natural resources management plan (INRMP), if the Secretary determines
that such a plan provides a benefit to the species for which critical
habitat is proposed for designation. An INRMP integrates the military
mission of the installation with stewardship of the natural resources
found there and must provide benefits to wildlife and their habitats.
The DoD's current INRMP at P[omacr]hakuloa Training Area (PTA) in plant
Section 19 provides protection and enhancement of S. hawaiiensis and
its habitat through management actions including, but not limited to,
seed collection and storage, propagation and planting of cultivated
plants, and ungulate fencing for protection of wild populations. We
have determined that this INRMP provides conservation benefits to S.
hawaiiensis; as such, the PTA lands are exempt from critical habitat
designation in accordance with section 4(a)(3)(B)(i) of the Act. While
we acknowledge the State lands adjacent to the PTA may be valuable to
the conservation of S. hawaiiensis and other wildlife, the Act does not
provide for exemptions outside of DoD lands (see Exemptions, below).
Although State lands may qualify for exclusion under certain
circumstances (see Consideration of Impacts under Section 4(b)(2) of
the Act, below), we found no reason to identify the State lands
adjacent to PTA as lands we were considering for exclusion in our March
29, 2023, proposed rule, nor did we receive a request for their
exclusion after publication of the proposed rule.
(10) Comment: The State of Hawaii DOFAW stated that critical
habitat plant Sections 4, 5, 6, 7, 8, 9, 11, 12, and 13 are not
appropriate for the recovery of Schiedea diffusa ssp. macraei,
Cyrtandra wagneri, and/or Stenogyne cranwelliae, because they are
outside of the species' historical ranges.
Our response: While the State of Hawaii may use a different method
to define historical ranges, we do not agree that the critical habitat
units we are designating are outside of the historical ranges of the
species to which the commenter referred. We used U.S. Geological Survey
(USGS) species' range maps (Price et al. 2012, unpaginated), which
include not only sites of known occupancy, but also geospatially
projected habitat likely to have been occupied by the species
historically based on climatic and vegetation data. We applied the
critical habitat delineation methodology (as described under Criteria
Used To Identify Critical Habitat in our March 29, 2023, proposed
critical habitat rule (88 FR 18756 at 18765-18767)) to each of the
plant sections identified in the State's comment.
As a result of this analysis, the Service is retaining in this
designation the areas noted by the commenter. The Service's range maps
for Schiedea diffusa ssp. macraei and Stenogyne cranwelliae overlap
with these plant sections, and factors used to delineate the critical
habitat boundaries for these species are consistent with our critical
habitat methodology. These factors include information on known past
and present locations of the species, landcover and ecosystem data
sources by USGS Carbon Assessment Landcover Data (Selmants et al. 2017,
entire), recovery areas described by the species' draft recovery plan,
projections of geographic ranges of Hawaiian plant species (Price et
al. 2012, entire; Service 2022b-l, entire), and adequacy of habitat to
allow for the larger populations needed to meet recovery goals (as
described in the draft recovery plan (Service 2022a, entire)). We
considered all of these factors to delineate the critical habitat
boundaries for these species, and these areas are essential for the
conservation of these species. As a result, in this final rule, we
retain the designations of critical habitat for Schiedea diffusa ssp.
macraei and Stenogyne cranwelliae in plant Sections 4, 5, 6, 8, 9, 11,
12, and 13 as proposed.
For information about plant Section 7, and our final critical
habitat designation for Cyrtandra wagneri, see Summary of Changes from
the Proposed Rule, above, and Final Critical Habitat Designation,
below.
(11) Comment: The State of Hawaii DOFAW recommended that Schiedea
diffusa ssp. macraei not be removed from plant Section 3. The DOFAW
stated that although the Schiedea diffusa from Kohala is actually the
subspecies diffusa (confirmed by experts on the genera), and not
Schiedea diffusa ssp. macraei, this has not been formally recognized.
Our response: We agree that critical habitat for Schiedea diffusa
ssp. macraei should be designated in Section 3 (Units 8, 9, and 54).
The additional information provided is reliable and the best available
information; therefore, we include the information provided by the
commenter in this final critical habitat designation. No change is
necessary to Section 3 (Units 8, 9, and 54), as the relevant units are
designated as critical habitat for Schiedea diffusa ssp. macraei in
this final rule.
(12) Comment: The State of Hawaii commented that although Schiedea
diffusa ssp. macraei is not known from the geographic area of plant
Section 1 (Units 3 and 52), it is an area that supports high-quality
habitat that hosts a similar suite of species found near the historical
location for Schiedea diffusa ssp. macraei and could be a potential
introduction site.
Our response: In our March 29, 2023, proposed rule, we proposed
plant Section 1 (Units 3 and 52) as critical habitat for Schiedea
diffusa ssp. macraei along with several other plants. The type
collection by Macrae in 1825 of Schiedea diffusa ssp. macraei appears
to have come from the slopes of Mauna Kea; however, no individuals have
been collected from Mauna Kea in recent times (Wagner et al. 2005a, p.
106). We included the information provided by the commenter in this
final rule. No change is necessary to Section 1 (Units 3 and 52), as
the relevant units are designated as critical habitat for Schiedea
diffusa ssp. macraei in this final rule.
(13) Comment: The State of Hawaii DOFAW commented that they support
designating critical habitat but stated that the process could be
improved by incorporating a slightly more detailed assessment of
habitat quality, potential for habitat protection and ecosystem
restoration, suitability as remnant habitat, and potential as
reintroduction areas, as well as species' history and distribution. In
addition, they state that targeted outreach to private landowners and
increased collaboration could be beneficial.
Our response: As described in the March 29, 2023, proposed rule,
within areas where we have information regarding species' observation
and distribution, annual precipitation, elevation, soil, substrate,
associated native plant genera, landcover and ecosystem data, and
projections of species' geographic ranges, we included that information
in our analysis. We considered the best available information and the
physical or biological features essential to the conservation of each
species in the critical habitat designation. We met with private
landowners to help explain this critical habitat designation. We
provided information about our compilation of available information on

[[Page 17907]]

species and habitat areas on Hawai`i Island, and requested updated
information from landowners. We reviewed and incorporated new
information from these meetings into this final rule. We acknowledge
that the State has been a strong collaborator in developing our
critical habitat areas, and we look forward to continued engagement.

Public Comments

(14) Comment: One commenter requested clarification on the
exclusion policy and further justification for not including exempted
areas.
Our response: Section 4(a)(3)(B)(i) of the Act (16 U.S.C.
1533(a)(3)(B)(i)) provides that critical habitat is exempted on areas
owned or controlled by the DoD that are subject to an integrated
natural resources management plan prepared under 16 U.S.C. 670a that
provides benefit to the listed species under consideration for critical
habitat designation. In addition, an area may be excluded from critical
habitat under section 4(b)(2) of the Act based on economic impacts,
impacts on national security, or any other relevant impacts, if the
benefits of the exclusion outweigh the benefits of inclusion as
critical habitat and the failure to designate the area as critical
habitat will not result in the extinction of the species (see 50 CFR
424.19 and 81 FR 7226, February 11, 2016). Details about exemptions and
exclusions, and justification for those relevant to this critical
habitat designation, can be found below under Exemptions and
Consideration of Impacts under Section 4(b)(2) of the Act.
(15) Comment: One commenter stated that the greatest risk and
current threat to the palm (Pritchardia lanigera) are rats that consume
seeds, thereby hindering palm reproduction, and that collection is not
a threat to the palm.
Our response: Pritchardia lanigera is easy to identify and may be
attractive to collectors of rare palms for personal use, for trade, or
for sale (Shirey et al. 2013, pp. 301-302). Several nurseries advertise
and sell Pritchardia palms, including P. lanigera and other federally
listed Pritchardia species, indicating that Pritchardia are attractive
to some collectors. Collection is a threat to P. lanigera that would
likely increase if we were to designate critical habitat for the
species, as such designation would aid collectors in locating
occurrences of the species (Shirey et al. 2013, p. 307; Weisenberger
2023, pers. comm.). Therefore, the designation of critical habitat for
Pritchardia lanigera is not prudent due to the threat of collection.
(16) Comment: One commenter disagreed with the not-prudent critical
habitat determination for Vetericaris chaceorum. When the Service
listed V. chaceorum as endangered, overcollection for commercial and
recreational purposes was not listed as a threat to the species. The
commenter stated that V. chaceorum has only been documented in two
specific locations, which have already been identified in the species'
listing, have already been disclosed in the Federal Register, and are
found easily online.
Our response: Vetericaris chaceorum is one of several different
species and taxon of Hawaiian anchialine pool shrimp and is the largest
of the anchialine pool shrimp found in Hawai[revaps]i (Yamamoto et al.
2015, p. 40). Anchialine pools are sensitive discrete ecosystems, and a
single pool system can be home to many different species of anchialine
pool shrimp.
We agree with the commenter that we did not cite overcollection as
a threat to V. chaceorum when we listed it as endangered (78 FR 64638;
October 29, 2013, pp. 63978-63978). However, after listing V.
chaceorum, new information has become available highlighting a new
threat in the form of collection and overutilization, as described in
our proposed rule (88 FR 18756, March 29, 2023). Coincidentally after
listing V. chaceorum, popularity in the aquarium trade of another
Hawaiian anchialine shrimp species, Halocaridina rubra, commonly called
the Hawaiian red shrimp or volcano shrimp, has increased worldwide
(Yamamoto et al. 2015, p. 83). This increase in collection activities
of H. rubra has resulted in a risk to V. chaceorum, due to these two
species sharing a similar appearance and habitat preferences. The
shrimp that are being harvested are primarily H. rubra, which is not
endangered, but as the popularity of this business increases there is
risk that the endangered V. chaceorum may either intentionally or
accidentally be harvested and become part of the aquarium trade.
Collectors may target V. chaceorum due to its similar appearance,
rarity, and aesthetic, or collectors attempting to harvest the H. rubra
that occur in the same pools as V. chaceorum may accidentally harvest
both species (Sakihara 2012, entire). Because this shrimp is so rare, a
single person with a hand-net could do irreparable damage to a
population of V. chaceorum (Yamamoto 2015, pers. comm.).
Although more than 400 of the estimated 520 to 560 anchialine pool
habitats have been surveyed on the island of Hawai[revaps]i, V.
chaceorum has only been documented from two locations, indicating that
this species has a very limited range, likely due to its behavior and
salinity preferences (see 78 FR 64638, October 29, 2013). While general
occurrence locations were included in the October 29, 2013, rule
listing V. chaceorum as an endangered species, specifically defining
occupied areas by geographic coordinates through a critical habitat
designation may pose a risk to V. chaceorum by causing increased
unauthorized collection by individuals seeking Halocaridina rubra, a
prey source for V. chaceorum.
(17) Comment: The Nature Conservancy stated the Service should have
designated as critical habitat areas occupied by Drosophila digressa in
mesic forest below Kona Hema Preserve at Honomalino, and at
K[imacr]puka Punahou.
Our response: We have reviewed the new information provided by the
commenter, as well as similar information provided by a peer reviewer,
regarding Drosophila digressa occurrences, and we evaluated the areas
for inclusion in this critical habitat designation. The Nature
Conservancy's suggestion regarding Honomalino is supported by
information provided by one peer reviewer, as described above in
Summary of Changes from the Proposed Rule. We have determined that the
Honomalino area the commenter suggested for inclusion should be
included in this critical habitat designation, and we include it in
this designation as a new Drosophila digressa--Unit 6. The area is
occupied by D. digressa as a new population discovered in 2022, has at
least one physical or biological feature essential to the conservation
of D. digressa, and may require special management considerations or
protection.
We do not, however, include Kipuka Punahou, which is also known as
K[imacr]puka 9 located along Saddle Road, in this designation. The
commenter did not provide any information to indicate that this area is
currently occupied by Drosophila digressa, and the best available
information indicates that the species was last observed in this area
in 1986 (Hawaii Natural Heritage Program 2011, in litt.). Further,
because of the lack of breeding substrate in the area, an individual
Drosophila digressa observed in K[imacr]puka Punahou would likely be a
vagrant (Magnacca 2012, pers. comm., entire).

Background

For species with Hawaiian common names, we prefer to, and will,
include Hawaiian language spellings, including diacritical marks, to
the degree possible and appropriate in the preambles of our Federal
Register documents. For the

[[Page 17908]]

text to be codified in the Code of Federal Regulations (CFR), however,
we will omit diacritical marks to ensure that no errors are
inadvertently incorporated during the codification process.

Species Descriptions

We provide a brief description for each of the 14 species addressed
in this rule, below.
Bidens hillebrandiana ssp. hillebrandiana
(ko[revaps]oko[revaps]olau), a short-lived perennial herb in the
sunflower family (Asteraceae), occurs only on the island of
Hawai[revaps]i (Ganders and Nagata 1999, pp. 275-276). Historically, B.
hillebrandiana ssp. hillebrandiana was known from two locations along
the windward Kohala coastline, in the coastal and dry cliff ecosystems,
often along rocks just above the ocean (Degener and Wiebke 1926, in
litt.; Flynn 1988, in litt.).
Cyanea marksii (haha), a short-lived perennial palmlike shrub in
the bellflower family (Campanulaceae), is found only on the island of
Hawai[revaps]i. Historically, C. marksii was known from the Kona
district, in the lowland wet and montane wet ecosystems (Lammers 1999,
p. 457; Hawai[revaps]i Biodiversity Mapping Program (HBMP) database
2010b).xxxxxxx
Cyanea tritomantha ([revaps]aku), a short-lived perennial palmlike
shrub in the bellflower family (Campanulaceae), is known only from the
island of Hawai[revaps]i (Pratt and Abbott 1997, p. 13; Lammers 2004,
p. 89). Historically, this species was known from the windward slopes
of Mauna Kea, Mauna Loa, Kilauea, and the Kohala Mountains, in the
lowland wet, montane wet, and wet cliff ecosystems (Pratt and Abbott
1997, p. 13).
Cyrtandra nanawaleensis (ha[revaps]iwale), a short-lived perennial
shrub or small tree in the African violet family (Gesneriaceae), is
known only from the island of Hawai[revaps]i (Wagner and Herbst 2003,
p. 29; Wagner et al. 2005b). Historically, C. nanawaleensis was known
only from the lowland wet ecosystems in the Puna district (St. John
1987, p. 500; Wagner et al. 1988, in litt.; HBMP 2010d).
Cyrtandra wagneri (ha[revaps]iwale), a short-lived perennial shrub
or small tree in the African violet family (Gesneriaceae), occurs only
on the island of Hawai[revaps]i (Lorence and Perlman 2007, p. 357).
Historically, C. wagneri was known in the lowland wet ecosystem along
the northeast side of the island (Lorence and Perlman 2007, p. 359).
Melicope remyi (no common name), a long-lived perennial shrub or
shrubby tree in the rue family (Rutaceae), occurs only on the island of
Hawai[revaps]i (Stone et al. 1999, p. 1210; Service 2010, pp. A-11, 4-
74). Historically, M. remyi was known from a few scattered individuals
on the windward slopes of the Kohala Mountains and several small
populations on the windward slopes of Mauna Kea, in the lowland wet and
montane wet ecosystems (Stone et al. 1999, p. 1210; HBMP 2010f).
Phyllostegia floribunda (no common name), a short-lived perennial
subshrub in the mint family (Lamiaceae), is found only on the island of
Hawai[revaps]i (Wagner 1999, p. 268; Wagner et al. 1999a, p. 815).
Historically, P. floribunda was reported in the lowland wet, montane
mesic, and montane wet ecosystems at scattered sites along the eastern
side of the island.
Pittosporum hawaiiense (h[omacr][revaps]awa, h[amacr][revaps]awa),
a small, long-lived perennial tree in the pittosporum family
(Pittosporaceae), is known only from the island of Hawai[revaps]i
(Wagner et al. 1999b, p. 1,044). Historically, P. hawaiiense was known
from the leeward side of the island, from the Kohala Mountains south to
Ka[revaps]u, in the lowland mesic, montane mesic, and montane wet
ecosystems (Wagner et al. 1999b, p. 1,044).
Pritchardia lanigera (loulu), a medium-sized, long-lived perennial
tree in the palm family (Arecaceae), is found only on the island of
Hawai[revaps]i (Read and Hodel 1999, p. 1,371; Hodel 2007, pp. 10, 24-
25). Historically, P. lanigera was known from the Kohala Mountains,
Ha[amacr]m[amacr]kua district, windward slopes of Mauna Kea, and
southern slopes of Mauna Loa, in the lowland mesic, lowland wet,
montane wet, and wet cliff ecosystems (Read and Hodel 1999, p. 1,371;
National Park Service 2015, pp. 467-468)
Schiedea diffusa ssp. macraei (no common name), a short-lived
perennial climbing herb in the pink family (Caryophyllaceae), is
reported only from the island of Hawai[revaps]i (Wagner et al. 2005c;
Wagner et al. 2005a, p. 106). Historically, S. diffusa ssp. macraei was
known from the Kohala Mountains, the windward slopes of Mauna Loa, and
the Ola[revaps]a Tract of Hawai[revaps]i Volcanoes National Park, in
the montane wet ecosystem (Perlman et al. 2001, in litt.; Wagner et al.
2005a, p. 106; HBMP 2010g).
Schiedea hawaiiensis (m[amacr][revaps]oli[revaps]oli), a short-
lived perennial herb in the pink family (Caryophyllaceae), is known
only from the island of Hawai[revaps]i (Wagner et al. 2005a, pp. 92-
96). Historically, S. hawaiiensis was known from a single site between
Mauna Loa and Mauna Kea mountains in the montane dry ecosystem
(Hillebrand 1888, p. 33; Wagner et al. 2005a, pp. 92-96).
Stenogyne cranwelliae (no common name), a short-lived perennial
vine in the mint family (Lamiaceae), is known only from the island of
Hawai[revaps]i. Historically, S. cranwelliae was known from the Kohala
Mountains, in the montane wet and wet cliff ecosystems (Weller and
Sakai 1999, p. 837).
Drosophila digressa (Hawaiian picture-wing fly), a member of the
family Drosophilidae, is found only on the island of Hawai[revaps]i and
historically known from five locations on the island in elevations
ranging from approximately 2,000 to 4,500 feet (ft) (610 to 1,370
meters (m)), in the lowland mesic, montane mesic, and montane wet
ecosystems (Hardy and Kaneshiro 1968, p. 182; Montgomery 1975, p. 95;
Magnacca 2012, pers. comm.). This species is small, with adults ranging
in size from 0.15 to 0.19 inches (in) (4.0 to 5.0 millimeters (mm)) in
length. Adults are brownish yellow in color and have yellow-colored
legs and hyaline (shiny-clear) wings with prominent brown spots. Like
many endemic Hawaiian Drosophilidae species, D. digressa are highly
host-plant-specific (Magnacca et al. 2008, p. 1), relying on the
decaying stems of Charpentiera spp., Ceodes brunoniana (previously
known as Pisonia brunoniana), and Rockia sandwicensis (previously known
as Pisonia sandwicensis) for reproduction and larval substrate
(Magnacca et al. 2008, pp. 11, 13; Magnacca 2012, pers. comm.).
Vetericaris chaceorum (anchialine pool shrimp), a small shrimp in
the family Procarididae, is endemic to Hawai[revaps]i. Anchialine pools
are coastal, land-locked bodies of water that have underground
hydrological connections to the ocean, contain varying levels of
salinity, and show tidal fluctuations in water level. Vetericaris
chaceorum is one of seven described species of hypogeal (underground)
shrimp found in the Hawaiian Islands that occur in anchialine pools
(Brock 2004, p. 6) and is relatively large in size for a hypogeal
shrimp species; adult V. chaceorum measure approximately 2.0 in (5.0
centimeters (cm)) in total body length, excluding the primary antennae,
which are approximately the same length as the adult's body length
(Kensley and Williams 1986, p. 419). The species lacks large chelapeds
(claws) (Kensley and Williams 1986, p. 426), which are a key diagnostic
characteristic of all other known shrimp species. Vetericaris chaceorum
is largely devoid of pigment and lacks eyes, although eyestalks are

[[Page 17909]]

present (Kensley and Williams 1986, p. 419).
Additional information on the descriptions of each species'
occurrence can be found in the proposed (77 FR 63928, October 17, 2012)
and final (78 FR 64638, October 29, 2013) listing rules for these
species and in the proposed critical habitat rule (88 FR 18756, March
29, 2023).

Regulatory 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).
Our analysis for this decision applied our current regulations,
portions of which were last revised in 2019. Given that we proposed
further revisions to these regulations on June 22, 2023 (88 FR 40764),
we have also undertaken an analysis of whether the decision would be
different if we were to apply those proposed revisions. We concluded
that the decision would have been the sameif we had applied the
proposed 2023 regulations. The analyses under both the regulations
currently in effect and the regulations after incorporating the June
22, 2023, proposed revisions are included in our decision file.

Critical Habitat

Section 4(a)(3) of the Act requires that, to the maximum extent
prudent and determinable, we designate a species' critical habitat
concurrently with listing the species. Critical habitat is defined in
section 3 of the Act as:
(1) The specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the Act, on which
are found those physical or biological features:
(a) Essential to the conservation of the species, and
(b) Which may require special management considerations or
protection; and
(2) Specific areas outside the geographical area occupied by the
species at the time it is listed, upon a determination that such areas
are essential for the conservation of the species.
Our regulations at 50 CFR 424.02 define the geographical area
occupied by the species as an area that may generally be delineated
around species' occurrences, as determined by the Secretary (i.e.,
range). Such areas may include those areas used throughout all or part
of the species' life cycle, even if not used on a regular basis (e.g.,
migratory corridors, seasonal habitats, and habitats used periodically,
but not solely by vagrant individuals).
Conservation, as defined under section 3 of the Act, means to use
and the use of all methods and procedures that are necessary to bring
an endangered or threatened species to the point at which the measures
provided pursuant to the Act are no longer necessary. Such methods and
procedures include, but are not limited to, all activities associated
with scientific resources management such as research, census, law
enforcement, habitat acquisition and maintenance, propagation, live
trapping, and transplantation, and, in the extraordinary case where
population pressures within a given ecosystem cannot be otherwise
relieved, may include regulated taking.
Critical habitat receives protection under section 7 of the Act
through the requirement that Federal agencies ensure, in consultation
with the Service, that any action they authorize, fund, or carry out is
not likely to result in the destruction or adverse modification of
critical habitat. The designation of critical habitat does not affect
land ownership or establish a refuge, wilderness, reserve, preserve, or
other conservation area. Such designation also does not allow the
government or public to access private lands. Such designation does not
require implementation of restoration, recovery, or enhancement
measures by non-Federal landowners. Rather, designation requires that,
where a landowner requests Federal agency funding or authorization for
an action that may affect a listed species or critical habitat, the
Federal agency consult with the Service under section 7(a)(2) of the
Act. If the action may affect the listed species itself (such as for
occupied critical habitat), the Federal action agency would have
already been required to consult with the Service even absent the
critical habitat designation because of the requirement to ensure that
the action is not likely to jeopardize the continued existence of the
species. Even if the Service were to conclude after consultation that
the proposed activity is likely to result in destruction or adverse
modification of the critical habitat, the Federal action agency and the
landowner are not required to abandon the proposed activity, or to
restore or recover the species; instead, they must implement
``reasonable and prudent alternatives'' to avoid destruction or adverse
modification of critical habitat.
Under the first prong of the Act's definition of critical habitat,
areas within the geographical area occupied by the species at the time
it was listed are included in a critical habitat designation if they
contain physical or biological features (1) which are essential to the
conservation of the species and (2) which may require special
management considerations or protection. For these areas, critical
habitat designations identify, to the extent known using the best
scientific data available, those physical or biological features that
are essential to the conservation of the species (such as space, food,
cover, and protected habitat).
Under the second prong of the Act's definition of critical habitat,
we can designate critical habitat in areas outside the geographical
area occupied by the species at the time it is listed, upon a
determination that such areas are essential for the conservation of the
species.
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific data available. Further, our Policy on
Information Standards Under the Endangered Species Act (published in
the Federal Register on July 1, 1994 (59 FR 34271)), the Information
Quality Act (section 515 of the Treasury and General Government
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)),
and our associated Information Quality Guidelines provide criteria,
establish procedures, and provide guidance to ensure that our decisions
are based on the best scientific data available. They require our
biologists, to the extent consistent with the Act and with the use of
the best scientific data available, to use primary and original sources
of information as the basis for recommendations to designate critical
habitat.
When we are determining which areas should be designated as
critical habitat, our primary source of information is generally the
information from the species status report and information developed
during the listing process for the species. Additional information
sources may include any generalized conservation strategy, criteria, or
outline that may have been developed for the species; the recovery plan
for the

[[Page 17910]]

species; articles in peer-reviewed journals; conservation plans
developed by States and counties; scientific status surveys and
studies; biological assessments; other unpublished materials; or
experts' opinions or personal knowledge.
Habitat is dynamic, and species may move from one area to another
over time. We recognize that critical habitat designated at a
particular point in time may not include all of the habitat areas that
we may later determine are necessary for the recovery of the species.
For these reasons, a critical habitat designation does not signal that
habitat outside the designated area is unimportant or may not be needed
for recovery of the species. Areas that are important to the
conservation of the species, both inside and outside the critical
habitat designation, will continue to be subject to: (1) Conservation
actions implemented under section 7(a)(1) of the Act; (2) regulatory
protections afforded by the requirement in section 7(a)(2) of the Act
for Federal agencies to ensure their actions are not likely to
jeopardize the continued existence of any endangered or threatened
species; and (3) the prohibitions found in section 9 of the Act.
Federally funded or permitted projects affecting listed species outside
their designated critical habitat areas may still result in jeopardy
findings in some cases. These protections and conservation tools will
continue to contribute to recovery of these species. Similarly,
critical habitat designations made on the basis of the best available
information at the time of designation will not control the direction
and substance of future recovery plans, habitat conservation plans
(HCPs), or other species conservation planning efforts if new
information available at the time of these planning efforts calls for a
different outcome.

Physical or Biological Features Essential to the Conservation of the
Species

In accordance with section 3(5)(A)(i) of the Act and regulations at
50 CFR 424.12(b), in determining which areas we will designate as
critical habitat from within the geographical area occupied by the
species at the time of listing, we consider the physical or biological
features that are essential to the conservation of the species, and
which may require special management considerations or protection. The
regulations at 50 CFR 424.02 define ``physical or biological features
essential to the conservation of the species'' as the features that
occur in specific areas and that are essential to support the life-
history needs of the species, including, but not limited to, water
characteristics, soil type, geological features, sites, prey,
vegetation, symbiotic species, or other features. A feature may be a
single habitat characteristic or a more complex combination of habitat
characteristics. Features may include habitat characteristics that
support ephemeral or dynamic habitat conditions. Features may also be
expressed in terms relating to principles of conservation biology, such
as patch size, distribution distances, and connectivity. For example,
physical features essential to the conservation of the species might
include gravel of a particular size required for spawning, alkaline
soil for seed germination, protective cover for migration, or
susceptibility to flooding or fire that maintains necessary early-
successional habitat characteristics. Biological features might include
prey species, forage grasses, specific kinds or ages of trees for
roosting or nesting, symbiotic fungi, or absence of a particular level
of nonnative species consistent with conservation needs of the listed
species. The features may also be combinations of habitat
characteristics and may encompass the relationship between
characteristics or the necessary amount of a characteristic essential
to support the life history of the species.
In considering whether features are essential to the conservation
of the species, we may consider an appropriate quality, quantity, and
spatial and temporal arrangement of habitat characteristics in the
context of the life-history needs, condition, and status of the
species. These characteristics include, but are not limited to, space
for individual and population growth and for normal behavior; food,
water, air, light, minerals, or other nutritional or physiological
requirements; cover or shelter; sites for breeding, reproduction, or
rearing (or development) of offspring; and habitats that are protected
from disturbance.
In this rule, the physical or biological features are based on the
features of the six ecosystem types on which the 11 plant (Bidens
hillebrandiana ssp. hillebrandiana, Cyanea marksii, Cyanea tritomantha,
Cyrtandra nanawaleensis, Cyrtandra wagneri, Melicope remyi,
Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp.
macraei, Schiedea hawaiiensis, Stenogyne cranwelliae) and 1 animal
(Drosophila digressa) species depend (see table 1, below). These six
ecosystems are coastal, dry forest, mesic forest, wet forest, mesic
grassland and shrubland, and wet grassland and shrubland; we summarize
the descriptions of these ecosystems and our source for the
descriptions below. The physical or biological features essential to
the conservation of the species identified in this rule are those
features required for the successful functioning of the ecosystem in
which these species occur or have historically occurred (see table 2,
below). Although critical habitat is identified for each species
individually, we have found that the conservation of each depends, at
least in part, on the successful functioning of the commonly shared
ecosystem. Ecosystem parameters include elevation, precipitation,
substrate, and associated native plant genera. These ecosystem
parameters describe the species-specific physical or biological
features of the functioning ecosystems on which these listed species
depend. For example, the associated native plant genera described as
physical or biological features for these 12 listed species are
representative of the native plant genera that occur in the functioning
ecosystems on which these 12 species depend, and as such, the
occurrence of these native plant genera indicate functioning native
ecosystems that provide the fundamental biological requirements for the
listed species in these areas. Additionally, Drosophila digressa relies
on native plant genera, specifically Charpentiera, Rockia, and Ceodes,
as native plant host resources, and without which this species would be
highly vulnerable to mortality, reproductive failure, and cyclical
population variation related to fluctuations in breeding resources
(Magnacca et al. 2008, p. 32).

Coastal (as Described by Kim et al. 2020, p. 2)

Coastal ecosystems are defined as near-shore areas that are
impacted by the ocean and generally occur within 328 ft (100 m) of high
tide up to 984 ft (300 m) in elevation. Coastal ecosystems are found on
all the main Hawaiian Islands and include coastal dry herblands,
coastal dry grasslands, coastal mixed communities, coastal dry
shrublands, coastal dry forests, and coastal wet-mesic forests. Coastal
substrate includes well-drained talus, calcareous slopes, and dunes.
Annual precipitation ranges from less than 47 in (120 cm) in the
coastal dry ecosystem to 47 to 98 in (120 to 250 cm) in the coastal
mesic ecosystem, and to more than 98 in (250 cm) in the coastal wet
ecosystem. Bidens hillebrandiana ssp. hillebrandiana is the only
species addressed in this rule known to occupy a coastal ecosystem, and
more

[[Page 17911]]

specifically the coastal wet ecosystem that receives higher rainfall.

Dry Forest (as Described by Javar-Salas et al. 2020, p. 2)

Dry forest ecosystems are found on all of the main Hawaiian Islands
and include lowland dry forest and montane-alpine dry forest. Dry
forest is found from 0 to 9,500 ft (0 to 2,900 m). Annual precipitation
ranges from 12 to 79 in (30 to 200 cm). Substrates are generally well-
drained, sandy loams from volcanic ash or cinder and weathered basaltic
lava in lowland dry forest to well-drained, loams from volcanic ash,
cinder, and weathered basaltic lava in montane-alpine dry forest.
Schiedea hawaiiensis is the only species addressed in this rule known
to occupy the dry forest ecosystem.

Mesic Forest (as Described by Lowe et al. 2020, pp. 2-7)

Mesic forest ecosystems include lowland mesic forest and montane
subalpine mesic forest. Elevation ranges from 98 to 5,249 ft (30 to
1,600 m) in lowland mesic forest to 2,953 to 6,562 ft (900 to 2,000 m)
in montane subalpine mesic forest. Annual precipitation ranges from 39
to 150 in (100 to 380 cm) in montane subalpine to 47 to 150 in (120 to
380 cm) in lowland mesic forest. Substrates are generally well-drained
and include rocky, shallow, organic muck soils; steep rocky talus
soils; shallow soils over weathered rock in steep gulches; deep soils
over soft weathered rock; and gravelly alluvium. The plants Cyrtandra
nanawaleensis, Phyllostegia floribunda, and Pittosporum hawaiiense
addressed in this rule are found in the mesic forest ecosystem. The
picture-wing fly, Drosophila digressa, addressed in this rule is also
found in the mesic forest ecosystem.

Wet Forest (as Described by Clark et al. 2020, p. 2)

Wet forest ecosystems include lowland rainforest, montane
rainforest, and montane cloud forest. Elevation ranges from 328 to
3,937 ft (100 to 1,200 m) in lowland rainforest; 2,700 to 7,218 ft (823
to 2,200 m) in montane rainforest; and 2,461 to 6,070 ft (750 to 1,830
m) in montane cloud forest. Annual precipitation is greater than 98 in
(250 cm). Substrates range from very weathered soils to rocky substrate
with classes of undeveloped and developed soil substrates formed from
basalt lava. The plants Cyanea marksii, Cyanea tritomantha, Cyrtandra
nanawaleensis, Cyrtandra wagneri, Phyllostegia floribunda, Pittosporum
hawaiiense, Melicope remyi, Schiedea diffusa ssp. macraei, and
Stenogyne cranwelliae addressed in this rule are found in the wet
forest ecosystem. Drosophila digressa is also found in the wet forest
ecosystem.

Mesic Grassland and Shrubland (as Described by Ball et al. 2020, p. 2)

Mesic grassland and shrubland ecosystems include lowland mesic
shrubland, subalpine mesic shrubland, montane-subalpine mesic
grassland, and lowland mesic grassland. Elevation ranges from 98 to
7,546 ft (30 to 2,300 m). Annual precipitation ranges from 39 to 98 in
(100 to 250 cm). Substrates generally include shallow soils that
frequently dry with rocky outcrops. Cyrtandra nanawaleensis is the only
species addressed in this rule known to occupy the mesic grassland and
shrubland ecosystem.

Wet Grassland and Shrubland (as Described by Nelson et al. 2020, p. 3)

Wet grassland and shrubland ecosystems include native wet sedge and
grassland and native wet cliff and crest shrubland. Elevation ranges
from 656 to 2,953 ft (200 to 900 m). Annual precipitation ranges from
98 to 197 in (250 to 500 cm). Substrates range from older, weathered
soils to younger, rocky substrates. The plants Cyanea tritomantha and
Phyllostegia floribunda addressed in this rule are found in the wet
grassland and shrubland ecosystem.

Summary of Essential Physical or Biological Features

We derive the specific physical or biological features essential to
the conservation of the 12 species from studies of the species'
habitat, ecology, and life history as described below. Additional
information about the ecosystems containing these physical or
biological features and descriptions of each species' occurrence within
these ecosystems can be found in the proposed (77 FR 63928, October 17,
2012) and final (78 FR 64638, October 29, 2013) listing rules and the
proposed critical habitat rule (88 FR 18756, March 29, 2023) for these
species. Each species identified in this rule requires the physical or
biological features for each ecosystem in which that species occurs, as
noted below in table 1. Table 2, below, identifies the physical or
biological features of a functioning ecosystem for each of the
ecosystem types identified in this rule. The physical or biological
features are defined here by elevation, annual levels of precipitation,
substrate type, and the characteristic native plant genera that are
found in the canopy, subcanopy, and understory levels of the vegetative
community where applicable. Due to our limited knowledge of the
specific life-history requirements for the species that are little-
studied and occur in remote and inaccessible areas, the physical or
biological features described in this document that provide for the
successful function of the ecosystem that is essential to the
conservation of the species represents the best, and, in many cases,
the only, scientific information available. Accordingly, the physical
or biological features of a functioning ecosystem are, at least in
part, the physical or biological features essential to the conservation
of these 12 species.

Table 1--Twelve Species and Applicable Ecosystems
[Note: All species, except for Bidens hillebrandiana ssp. hillebrandiana
and Schiedea hawaiiensis are found in multiple ecosystems]
------------------------------------------------------------------------
Ecosystem Species
------------------------------------------------------------------------
Coastal........................... Bidens hillebrandiana ssp.
hillebrandiana.
Dry Forest........................ Schiedea hawaiiensis.
Mesic Forest...................... Cyrtandra nanawaleensis,
Phyllostegia floribunda,
Pittosporum hawaiiense, and
Drosophila digressa.
Wet Forest........................ Cyanea marksii, Cyanea tritomantha,
Cyrtandra nanawaleensis, Cyrtandra
wagneri, Phyllostegia floribunda,
Pittosporum hawaiiense, Melicope
remyi, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae, and
Drosophila digressa.
Mesic Grassland and Shrubland..... Cyrtandra nanawaleensis.
Wet Grassland and Shrubland....... Cyanea tritomantha, Phyllostegia
floribunda.
------------------------------------------------------------------------

[[Page 17912]]

Table 2--Physical or Biological Features for Each Ecosystem Upon Which the 12 Species Depend
[Read in association with table 1]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Contain one or more of these associated native plant
Annual genera
Ecosystem Elevation precipitation Substrate -----------------------------------------------------------
Canopy Subcanopy Understory
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coastal......................... <984ft (<300 m)... <47 to >98 in well-drained Diospyros, Chenopodium, Eragrostis,
(<120 cm to >250 talus, calcareous Metrosideros, Gossypium, Sesuvium, Sida,
cm). slopes, dunes. Myoporum, Heliotropium, Sporobolus.
Pritchardia. Santalum,
Scaevola.
Dry Forest...................... <9,500 ft (<2,900 <79 in (<200 cm).. well-drained, Acacia, Colubrina, Achyranthes, Dodonaea,
m). sandy loams or Diospyros, Euphorbia, Doryopteris,
loams from Erythrina, Leptecophylla, Heteropogon,
volcanic ash or Melicope, Nototrichium. Pellaea.
cinder; weathered Metrosideros,
basaltic lava. Myoporum,
Myrsine, Sophora.
Mesic Forest.................... <6,562 ft (<2,000 39-150 in (100-380 rocky, shallow, Acacia, Antidesma, Coprosma, Ctenitis, Doodia,
m). cm). organic muck Charpentiera, Freycinetia, Dryopteris,
soils; rocky Chrysodracon, Leptecophylla, Pelea, Sadleria.
talus soils; Metrosideros, Myoporum,
shallow soils Myrsine, Pipturus, Rubus,
over weathered Nestegis, Sadleria, Sophora.
rock; deep soils Pisonia, Santalum.
over soft
weathered rock;
gravelly alluvium.
Wet Forest...................... <7,218 ft (<2,200 >98 in (> 250 cm). very weathered Acacia, Antidesma, Cibotium, Adenophorus,
m). soils to rocky Cheirodendron, Clermontia, Cibotium,
substrate, Ilex, Melicope, Coprosma, Cyanea, Cyrtandra,
basaltic lava, Metrosideros, Freycinetia, Dicranopteris,
undeveloped Myrsine, Hydrangea, Huperzia,
soils, developed Pittosporum, Vaccinium. Peperomia,
soils. Psychotria. Stenogyne.
Mesic Grassland and Shrubland... 98-7,546 ft (30- 39-98 in (100-250 shallow soils that Coprosma, Dodonaea, Bidens, Carex,
2,300 m). cm). frequently dry Metrosideros, Dubautia, Deschampsia,
with rocky Wilkesia. Leptecophylla, Dicranopteris,
outcrops. Osteomeles, Dryopteris,
Sadleria, Eragrostis,
Vaccinium. Euphorbia,
Lipochaeta.
Wet Grassland and Shrubland..... 656-2,953 ft (200- 98-197 in (250-500 older, weathered Ilex, Kadua, Cibotium, Carex, Cladium,
900 m). cm). soils to younger, Melicope, Clermontia, Deschampsia,
rocky substrates. Metrosideros, Dubautia, Dicranopteris,
Myrsine. Freycinetia, Eragrostis,
Hydrangea, Peperomia,
Lobelia, Phyllostegia,
Pipturus, Scaevola.
Touchardia,
Urera, Vaccinium.
--------------------------------------------------------------------------------------------------------------------------------------------------------

The physical or biological features identified in this rule take
into consideration the ecosystem types in which each species occurs, as
described above. We considered the current population status of each
species, to the extent it is known, and assessed its status relative to
the recovery objectives for that species, in terms of population goals
(numbers of populations and individuals in each population, which
contributes to population resiliency) and essential distribution
(whether the populations occur in habitats representative of the
species' historical geographical and ecological distribution, and are
sufficiently redundant to withstand the loss of some populations over
time). This assessment informed us as to whether the species requires
space for population growth and expansion in areas occupied at the time
of listing, or whether additional areas unoccupied at the time of
listing may be required for the reestablishment of populations to
achieve recovery.
Some of the species addressed in this rule occur in more than one
ecosystem. We describe the physical or biological features for these
species separately for each ecosystem in which they occur. We took this
approach because each species requires a different suite of
environmental conditions depending upon the ecosystem in which it
occurs. For example, Cyrtandra nanawaleensis will occur in association
with different native plant species, depending on the mesic forest, wet
forest, or mesic grassland and shrubland ecosystem type where it is
found. Each of the physical or biological features described in each
ecosystem in which the species occurs are essential to the conservation
of the species, which includes the ability to support the geographical
and ecological distribution across the different ecosystem types where
the species occurs. Each physical or biological feature is also
essential to retaining the genetic representation that allows the
species to successfully adapt to different environmental conditions in
various native ecosystems. Although some of these species occur in
multiple native ecosystems, their declining abundance in the face of
ongoing threats, such as increasing numbers of nonnative plant
competitors, indicates that they are not such broad habitat generalists
as to be able to persist in highly altered habitats. Based on an
analysis of the best available scientific information, functioning
native ecosystems provide the fundamental biological requirements for
the narrow-range, island-endemic species that are addressed in this
rule.
We offer some examples to help readers understand our approach to
describing the physical or biological features for each species. For
example, to understand the physical or biological features for the
plant Bidens hillebrandiana ssp. hillebrandiana, first look at table 1
and see that B. hillebrandiana ssp. hillebrandiana depends on the
coastal ecosystem. Then table 2 indicates that the physical or
biological features in the coastal ecosystem include elevations of less
than 984 ft (300 m); annual precipitation ranges from less than 47 in
(120 cm) to more than 98 in (250 cm); well-drained talus, calcareous
slopes, and dunes; and one or more genera of the subcanopy and
understory plants Chenopodium, Eragrostis, Gossypium, Heliotropium,
Santalum, Scaevola, Sesuvium, Sida, and Sporobolus, and one or more of
the genera of the canopy species Diospyros, Metrosideros, Myoporum, and
Pritchardia. The specific physical or biological features for B.
hillebrandiana

[[Page 17913]]

ssp. hillebrandiana are intrinsically tied to the coastal ecosystem.
The physical or biological features of the coastal ecosystem best
approximate the physical or biological features for B. hillebrandiana
ssp. hillebrandiana. Thus, we use the physical and biological features
provided in the ecosystem in which B. hillebrandiana ssp.
hillebrandiana is found as the physical and biological features for B.
hillebrandiana ssp. hillebrandiana.
As another example, table 1 indicates the physical or biological
features for the plant Phyllostegia floribunda include the ecosystem-
level physical or biological features for the mesic forest, wet forest,
and wet grassland and shrubland ecosystems. The physical or biological
features for P. floribunda are thus composed of the physical or
biological features for each of the three ecosystems it occupies, as
described in table 2 for the mesic forest, wet forest, and wet
shrubland and grassland ecosystems. Table 1 is read in a similar
fashion in conjunction with table 2 to describe the physical or
biological features for each of the 12 species for which we are
designating critical habitat.

Special Management Considerations or Protection

When designating critical habitat, we assess whether the specific
areas within the geographical area occupied by the species at the time
of listing contain features which are essential to the conservation of
the species and which may require special management considerations or
protection. The following discussion of special management needs is
applicable to each of the 12 species on the island of Hawai`i for which
we are designating critical habitat.
For the 11 plant species and Drosophila digressa, we have
determined that the features essential to their conservation are those
required for the successful functioning of the ecosystem in which they
occur (see tables 1 and 2, above); conversely, threats that act at the
ecosystem level also act at the species level. Special management
considerations or protections may be required throughout designated
critical habitat areas to avoid further degradation or destruction of
the physical or biological features essential to the 12 species'
conservation. Habitat degradation (resulting from, for example,
trampling and herbivory by introduced ungulates, fire, drought, and
habitat modification by invasive plants) is the greatest threat to
these 12 species, and this threat acts at the ecosystem level. Threats
specific to Drosophila digressa habitat include loss or lack of host
plants from ungulates, drought, fire, alteration of microclimate by
invasive plants or the plant disease referred to as rapid a death (ROD)
(78 FR 64638, October 29, 2013; Service 2023a, pp. 21-28). Some of
these threats may be addressed by special management considerations or
protection, while others (e.g., sea level rise, hurricanes, drought,
volcanic eruption) are beyond the control of landowners and managers.
For a more detailed description of threats, please see the proposed
listing rule (77 FR 63928 at 63941-63974, October 17, 2012), the final
listing rule (78 FR 64638 at 64653-64686, October 29, 2013), and the
draft recovery plan (Service 2022a, entire).
While the 12 species share many threats, impacts to individual
species and the actions needed to eliminate or manage the threats may
differ. Management activities that could minimize or ameliorate these
threats include, but are not limited to, ungulate removal and exclusion
fencing; control or eradication of significant habitat-modifying,
invasive plants; fire management planning and wildfire response; and
measures to reduce of the spread of ROD and other plant pathogens.
Management activities that could minimize or ameliorate threats
specific to Drosophila digressa include control measures to reduce and
eradicate invasive invertebrates, such as wasps and ants. These
management actions would result in the protection of areas providing
habitat for the 12 species.

Criteria Used To Identify Critical Habitat

As required by section 4(b)(2) of the Act, we use the best
scientific data available to designate critical habitat. In accordance
with the Act and our implementing regulations at 50 CFR 424.12(b), we
review available information pertaining to the habitat requirements of
the species and identify specific areas within the geographical area
occupied by the species at the time of listing and refer to these areas
as occupied habitat. We also review available information pertaining to
habitat requirements of the species in areas outside the geographical
area occupied by the species at the time of listing for consideration
as critical habitat, and these areas are referred to as unoccupied
habitat. We will designate as critical habitat specific areas outside
the geographical area occupied by the species only upon a determination
that such areas are essential for the conservation of the species. We
will only consider unoccupied areas to be essential where a critical
habitat designation limited to geographical areas occupied would be
inadequate to ensure the conservation of the species. In addition, for
an unoccupied area to be considered essential, we must determine that
there is a reasonable certainty both that the area will contribute to
the conservation of the species and that the area contains one or more
of those physical or biological features essential to the conservation
of the species.
We are designating both occupied and unoccupied critical habitat
for eight species (Drosophila digressa, Cyanea marksii, Cyanea
tritomantha, Melicope remyi, Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae).
We are not designating any occupied areas as critical habitat for
Schiedea hawaiiensis because the single area known to be occupied by
the species at the time of listing is exempt from designation (see
Exemptions, below, for more information). For Bidens hillebrandiana
ssp. hillebrandiana, Cyrtandra nanawaleensis, and Cyrtandra wagneri, we
are not designating any areas outside the geographical area occupied by
the species because we have not identified any unoccupied areas that
meet the definition of critical habitat for these species; no
unoccupied areas had at least one physical or biological feature
essential to the conservation of the species and a reasonable certainty
of contributing to conservation.
Except for the designated critical habitat in Unit 55 for Schiedea
hawaiiensis, all unoccupied critical habitat areas overlap entirely
with a geographical area for which we are designating occupied critical
habitat for at least one of the other species that are the subjects of
this rule. The unoccupied critical habitat in Unit 55 for Schiedea
hawaiiensis has no overlap in geographic occurrence or range with the
other species addressed in this rule. We note that the new plant
critical habitat Unit 56 is not occupied by either of the plant species
for which it is designated (Cyanea marksii and Schiedea diffusa ssp.
macraei) or any of the other nine plant species that are part of this
critical habitat designation, but Unit 56 exists entirely within the
boundaries of Drosophila digressa--Unit 6, which is occupied by
Drosophila digressa. We are designating areas outside the geographical
area occupied by nine species (Drosophila digressa, Cyanea marksii,
Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea

[[Page 17914]]

diffusa ssp. macraei, Stenogyne cranwelliae, and Schiedea hawaiiensis)
due to small population sizes, few individuals, or reduced geographic
range, which make these species vulnerable to stochastic events. Many
of these species are so rare in the wild that they are at a high risk
of extirpation or even extinction from various catastrophic events,
such as hurricanes or landslides. Therefore, supporting resiliency and
redundancy in these species through the establishment of multiple,
robust populations is a key component of conservation of the species
(Service 2022a, pp. 29-30, 35, 39, 48-49). A designation limited to
occupied areas would be inadequate to ensure the conservation of these
species. Areas that may have been unoccupied at the time of listing,
together with areas occupied at the time of listing, are reasonably
certain to provide some or all of the habitat necessary for the
expansion of existing wild populations and reestablishment of wild
populations within the historical range of the species to achieve a
level that could approach recovery. The best available scientific
information suggests that the ecosystems in the unoccupied areas in
which we are designating critical habitat provide one or more of the
physical or biological features that support life-history requirements
of these nine species, and thus these unoccupied areas are considered
habitat for the conservation of these nine species. These areas support
recovery in the case of stochastic events that otherwise have potential
to eliminate a species from locations where it is currently found, and
some species are only known from one location. We find, therefore, that
designation of these unoccupied areas as critical habitat is essential
for the conservation of the species. Designating unoccupied areas as
critical habitat for these species also promotes conservation actions
to restore their historical, geographical, and ecological
representation, which are necessary for their recovery.
In this rule, we designate critical habitat for 12 species in 21
distinct areas that include 42 critical habitat units, with animal and
plant units identified separately. Each critical habitat unit contains
all or some of the physical or biological features essential to the
conservation of those individual species that occupy that particular
unit, or areas essential for the conservation of those species
identified that do not presently occupy that particular unit. The
critical habitat for all species includes the functioning ecosystems on
which they depend; thus, for those species with life-history
requirements that can be supported in multiple ecosystem types, we have
identified areas of critical habitat in multiple ecosystem types. For
example, the plant Cyrtandra nanawaleensis is found in multiple
critical habitat units across three ecosystem types: mesic forest, wet
forest, and mesic grassland and shrubland.
Because we have determined that the features essential to the
conservation of the 12 species are those required for the successful
functioning of the ecosystems in which they respectively occur, we
grouped species by the commonly shared ecosystem type to delineate
critical habitat units. We used similar methods to identify critical
habitat unit boundaries for nine plant species: Cyanea marksii, Cyanea
tritomantha, Cyrtandra nanawaleensis, Cyrtandra wagneri, Melicope
remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, and Stenogyne cranwelliae. These nine species
were considered together because spatial data used for delineating
critical habitat are similar among these species, and these species all
occur within mesic to wet ecosystems, whereas the remaining two plant
species do not (see table 1, above). We considered each species
separately within their shared dependence on the functioning ecosystems
they have in common. We used separate methods to identify critical
habitat unit boundaries for each of the remaining three species: Bidens
hillebrandiana ssp. hillebrandiana, Schiedea hawaiiensis, and
Drosophila digressa. Bidens hillebrandiana ssp. hillebrandiana and
Schiedea hawaiiensis each occur in an ecosystem type not shared with
any of the other 12 species, and Drosophila digressa was considered
separately because of differences in taxonomy and life history from the
plants. Critical habitat boundaries for all species were delineated to
clearly depict and promote conservation of these species by identifying
the functioning ecosystem on which they depend. Ecosystem types that
support the species addressed here but that do not form a contiguous
area are divided geographically into separate units. In units
consisting of multiple ecosystem types, if a species' physical or
biological features are provided by one of the ecosystem types, we
designate the entire area as critical habitat for that species. We took
this approach because within these units, ecosystem types are patchily
distributed at a relatively fine resolution, intermingled, and can be
dynamic on a relatively short timescale in their distribution within
the critical habitat area.
To delineate the critical habitat units, we relied on an overall
conservation strategy in which each of the 12 species was considered
separately using a common approach for 9 plant species, and a separate
approach for the remaining 2 plant species and Drosophila digressa. The
goal of the conservation strategy was to identify the specific areas
for each species that provide essential physical or biological features
without which rangewide resiliency, redundancy, and representation
could not be achieved. The conservation strategy considered (1)
historical and current distribution of each of the 12 species; (2)
assessments of resiliency, redundancy, and representation for each
species from the most recent species reports (Service 2023a-n); and (3)
recovery planning efforts (Service 2022a, entire). Some of the critical
habitat for these 12 species overlies critical habitat already
designated for other species on the island of Hawai`i.
In summary, we completed the following basic steps to delineate
critical habitat (specific methods follow below):
(1) We compiled the best scientific data available on observations
and distributions of the 12 species that were extant at the time of
listing;
(2) We compiled all available location and landcover data,
including ecosystem type, within the ranges of the 12 species;
(3) We identified areas containing the physical or biological
features that may require special management considerations or
protection;
(4) We circumscribed boundaries of critical habitat units based on
the above information; and
(5) We removed, to the extent practicable, all areas that did not
have the specific physical or biological feature components, and
therefore are not considered essential to the conservation of one or
more of these 12 species.
Based on these five steps, for areas within and outside the
geographic area occupied by the species at the time of listing, we
delineated critical habitat unit boundaries using the following
methods:
(1) Species observation and distribution data sources: We obtained
observational and distributional data to include in our Geographic
Information System (GIS) database for each of the 12 species including
the known locations of the species from the Hawai[revaps]i Biodiversity
Mapping Program (HBMP) database (HBMP 2010a, entire; HBMP

[[Page 17915]]

2010b, entire; HBMP 2010c, entire; HBMP 2010d, entire; HBMP 2010e,
entire; HBMP 2010f, entire; HBMP 2010g, entire; HBMP 2010h, entire),
the Plant Extinction Prevention Program (PEPP) database (PEPP 2021,
unpublished), and our own rare plant database. We also obtained and
compiled species information from the plant database housed at National
Tropical Botanical Garden (<a href="https://ntbg.org/database/herbarium/">https://ntbg.org/database/herbarium/</a>). We
used Hawai`i Biodiversity Mapping Program's Geographic reference areas
for the Hawaiian Islands in conjunction with known species' location
data (Kam 2017, p. 1; Hawai`i Rare Plant Restoration Group 2020, p. 2).
For plants, we obtained and compiled species range maps, as determined
by plant species ranges in the Hawaiian Islands (Price et al. 2012,
entire), and our own plant species range layer adapted from Price et
al. 2012 (Service 2022b-l, entire). For Drosophila digressa, we created
our own potential species range layer using the U.S. Geological
Survey's (USGS's) Carbon Assessment Landcover data of 2017 for mesic
and wet forest habitats (Selmants et al. 2017, entire; Service 2023a,
entire) and the known elevational range of the species, which is
between 2,000 to 4,500 ft (600 to 1,400 m). Lastly, we obtained recent
biological surveys and reports and discussed that information with
qualified individuals familiar with these 12 species and their
ecosystems.
We used current and historical species distribution information to
develop initial critical habitat boundaries in each of the six
ecosystems that would provide for the conservation of the 12 species.
The initial boundaries were superimposed over digital topographic maps
of the island of Hawai[revaps]i and further evaluated. In general, land
areas that were identified as highly degraded were removed from the
critical habitat units, and natural or constructed features (e.g.,
ridge lines, valleys, streams, coastlines, roads, lava flows, obvious
land features, etc.) were used to delineate the critical habitat
boundaries.
(2) Identified areas containing physical or biological features: We
obtained and compiled island-wide elevation, annual precipitation, soil
substrate, and associated native plant genera data sources (Gagne and
Cuddihy 1999, pp. 45-114; LANDFIRE 2016, pp. 1177-1242; Ball et al.
2020, p. 2; Clark et al. 2020, p. 2; Javar-Salas et al. 2020, p. 2; Kim
et al. 2020, p. 2; Lowe et al. 2020, pp. 2-7; Nelson et al. 2020, p. 3;
Giambelluca et al. 2013, entire; Price and Jacobi 2012, entire). We
evaluated areas currently occupied by each species and whether they
contain the physical or biological features essential to the
conservation of the species and which may require special management
considerations or protection. We considered the degree to which the
physical or biological features were present or absent in areas as an
indication of the successful functioning of the habitat.
(3) Landcover and ecosystem data sources: We obtained and compiled
landcover and ecosystem data from the island-wide GIS coverage
including USGS Carbon Assessment Landcover data of 2017 (Selmants et
al. 2017, entire) and ArcGIS Esri World Imagery of 2022 (Esri 2023,
entire); 1:24,000 scale digital raster graphics of USGS topographic
quadrangles; and geospatial data sets associated with parcel data from
Hawai`i County (Hawaii Statewide GIS Program 2022, entire). We
evaluated areas currently occupied by each species. When a species
occurs in more than one ecosystem type, we include the full range of
ecosystem types within that species' range. For example, Phyllostegia
floribunda is known from three of the six ecosystem types addressed in
this rule: mesic forest, wet forest, and wet grassland and shrubland
ecosystem types.
(4) Circumscribed boundaries of potential critical habitat units:
We considered several factors in the selection of specific boundaries
for critical habitat for the 12 species. We determined critical habitat
unit boundaries taking into consideration the information on known past
and present locations of the species, landcover and ecosystem data
sources by USGS Carbon Assessment Landcover Data (Selmants et al. 2017,
entire), recovery areas described by the species' draft recovery plan,
projections of geographic ranges of Hawaiian plant species (Price et
al. 2012, entire; Service 2022b-l, entire) and Drosophila digressa
(Service 2023a, entire), and adequate habitat to allow for increases in
numbers of individuals and for expansion of populations to provide for
the minimum numbers required to reach delisting goals (as described in
the draft recovery plan (Service 2022a, entire)). Critical habitat
boundaries for all species were delineated to promote the conservation
of these species by identifying the functioning ecosystems on which
they depend.
(5) Removed areas lacking the identified physical or biological
features: When determining critical habitat boundaries, we made every
effort to avoid including developed areas such as lands covered by
buildings, pavement, and other structures because such lands lack the
physical or biological features necessary for these 12 species. The
scale of the maps we prepared under the parameters for publication
within the Code of Federal Regulations (CFR) may not reflect the
exclusion of such developed lands. Any such lands inadvertently left
inside critical habitat boundaries shown on the maps of this rule have
been excluded by text in the rule and are not designated as critical
habitat. Therefore, a Federal action involving these lands will not
trigger section 7 consultation with respect to critical habitat and the
requirement of no adverse modification unless the specific action will
affect the physical or biological features in the adjacent critical
habitat.
We are designating as critical habitat lands that we have
determined are occupied at the time of listing and that contain one or
more of the physical or biological features that are essential to
support life-history processes of the species. We have determined that
occupied areas are inadequate to ensure the conservation of some of the
species; therefore, we have also identified, and designate as critical
habitat, unoccupied areas that are essential for the conservation of
nine of the species (see Final Critical Habitat Designation, below). We
have determined that these units are habitat for these nine species and
will both contribute to the conservation of the species and contain at
least one physical or biological feature essential to the conservation
of the species.
Units are designated based on one or more of the physical or
biological features being present to support the life-history processes
for 1 or more of the 12 species for which we designate critical
habitat. Some units contain all of the identified physical or
biological features and support multiple life-history processes. Some
units contain only some elements of the physical or biological features
necessary to support the species' particular use of that habitat.
The critical habitat designation is defined by the map or maps, as
modified by any accompanying regulatory text, presented at the end of
this document under Regulation Promulgation. We include more detailed
information on the boundaries of the critical habitat designation in
the preamble of this document. We will make the coordinates or plot
points or both on which each map is based available to the public on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-R1-ES-2023-0017.

[[Page 17916]]

Final Critical Habitat Designation

We are designating approximately 119,326 ac (48,289 ha) as critical
habitat in 21 distinct areas that include 42 critical habitat units,
with 9 animal and 33 plant units identified separately, for Drosophila
digressa, Bidens hillebrandiana ssp. hillebrandiana, Cyanea marksii,
Cyanea tritomantha, Cyrtandra nanawaleensis, Cyrtandra wagneri,
Melicope remyi, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, Schiedea hawaiiensis, and Stenogyne
cranwelliae. The critical habitat areas we describe below constitute
our current best assessment of areas that meet the definition of
critical habitat for each species. Table 3 shows the critical habitat
units and the approximate area of each unit by landowner type.
Within the 21 distinct areas, areas of critical habitat for
Drosophila digressa are described as 9 sequential numbered units,
whereas areas of critical habitat for plants are described as 20
sequential numbered sections that are then split into 1 or more units,
based on whether they overlap with existing designated critical habitat
for other plant species on the island of Hawai[revaps]i. Some of the
critical habitat for Drosophila digressa overlays critical habitat
already designated for plant species; however, critical habitat
designations for wildlife species at 50 CFR 17.95 are organized
differently than critical habitat designations for plant species on the
island of Hawai[revaps]i at 50 CFR 17.99. Therefore, the critical
habitat for Drosophila digressa is not presented as being part of any
of the existing critical habitat units for plant species. Conversely,
for Hawaiian plants only, areas of a plant section that overlay
existing Hawaiian plant critical habitat units are assigned to that
existing critical habitat unit name. Areas of a plant section that do
not overlay existing Hawaiian plant critical habitat are assigned a
sequential new critical habitat unit number. This distinction between
existing and newly designated critical habitat areas is necessary in
order to be consistent with the critical habitat unit numbering system
we established earlier for plants on the island of Hawai[revaps]i (see
50 CFR 17.99(k)). We provide the critical habitat plant section
numbers, where applicable, as well as unit numbers and the
corresponding map numbers that appear at 50 CFR 17.99 for ease of
reference in the CFR. All units in the designation, with the exception
of Unit 55 for Schiedea hawaiiensis within Section 19, are considered
occupied at the time of listing (see 78 FR 64638; October 29, 2013) by
1 or more of the 12 species for which we are designating critical
habitat (see table 4, below). Of the 21 distinct areas for which we are
designating critical habitat in this rule, 12 include animal units or
plant sections that are both occupied and unoccupied for 2 or more of
the 12 Hawai`i island species.
The areas we designate as critical habitat are located in six
ecosystem types: (1) coastal, (2) dry forest, (3) mesic forest, (4) wet
forest, (5) mesic grassland and shrubland, and (6) wet grassland and
shrubland. Critical habitat designations for plants and animals are
published in separate sections of the CFR; however, the critical
habitat for the 11 plants and Drosophila digressa overlap each other in
many areas on the island of Hawai`i. For example, ``Cyanea tritomantha,
Cyrtandra wagneri, Melicope remyi, Phyllostegia floribunda, Pittosporum
hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--
Section 1'' and ``Drosophila digressa--Unit 1'' overlap entirely within
the same geographic area. Therefore, because the section and unit
boundaries are the same, we describe them together to avoid redundancy
and reduce publication costs for this rule, as indicated by ``and''
following the section name in the headings of the section and unit
descriptions, below.

Table 3--Critical Habitat Units by Ecosystem, Land Ownership, and Size
[Area estimates reflect all land within critical habitat unit boundaries]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Private/other (ac
Animal unit Plant section Plant unit Federal (ac (ha)) State (ac (ha)) (ha)) Total (ac (ha))
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wet Forest *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Drosophila digressa--Unit 1.... Cyanea tritomantha, Unit 3........... 3,549 (1,436) 7,963 (3,223) 547 (221) 12,059 (4,880)
Cyrtandra wagneri, Unit 52.......... 549 (222) 2,681 (1,085) 425 (172) 3,656 (1,479)
Melicope remyi,
Phyllostegia
floribunda,
Pittosporum
hawaiiense, Schiedea
diffusa ssp. macraei,
Stenogyne cranwelliae--
Section 1.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. 4,098 (1,658) 10,644 (4,308) 972 (394) 15,714 (6,359)
Drosophila digressa--Unit 7.... Cyanea marksii, Unit 15.......... ................. 182 (73) ................. 182 (73)
Phyllostegia Unit 39.......... ................. 997 (403) 167 (68) 1,164 (471)
floribunda,
Pittosporum
hawaiiense, Schiedea
diffusa ssp. macraei,
Stenogyne cranwelliae--
Section 4.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 1,179 (477) 167 (68) 1,346 (545)
Drosophila digressa--Unit 8.... Cyanea marksii, Unit 15.......... ................. 55 (22) 72 (29) 127 (51)
Phyllostegia Unit 38.......... ................. 297 (120) 237 (96) 534 (216)
floribunda,
Pittosporum
hawaiiense, Schiedea
diffusa ssp. macraei,
Stenogyne cranwelliae--
Section 5.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 352 (142) 309 (125) 661 (267)
Cyanea marksii, Unit 16.......... ................. 156 (63) ................. 156 (63)
Phyllostegia Unit 40.......... ................. 1,190 (482) 52 (21) 1,243 (503)
floribunda,
Pittosporum
hawaiiense, Schiedea
diffusa ssp. macraei,
Stenogyne cranwelliae--
Section 6.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 1,347 (545) 52 (21) 1,399 (566)
Drosophila digressa--Unit 2.... Cyanea tritomantha, Unit 29.......... ................. 494 (200) ................. 494 (200)
Phyllostegia Unit 30.......... 7,232 (2,927) 6,498 (2,630) <1 (<1) 13,730 (5,556)
floribunda, Unit 51.......... 643 (260) 16,905 (6,841) 226 (91) 17,774 (7,193)
Pittosporum
hawaiiense, Schiedea
diffusa ssp. macraei,
Stenogyne cranwelliae--
Section 11.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. 7,875 (3,187) 23,897 (9,671) 226 (91) 31,998 (12,949)

[[Page 17917]]

Drosophila digressa--Unit 9.... Cyanea marksii, Unit 37.......... 1,906 (771) ................. <1 (<1) 1,906 (771)
Phyllostegia
floribunda,
Pittosporum
hawaiiense, Schiedea
diffusa ssp. macraei,
Stenogyne cranwelliae--
Section 12.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. 1,906 (771) ................. <1 (<1) 1,906 (771)
Drosophila digressa--Unit 5.... Cyanea marksii, Unit 41.......... ................. 411 (166) 3,001 (1,214) 3,412 (1,381)
Phyllostegia
floribunda,
Pittosporum
hawaiiense, Schiedea
diffusa ssp. macraei,
Stenogyne cranwelliae--
Section 13.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 411 (166) 3,001 (1,214) 3,412 (1,381)
Cyrtandra Unit 47.......... ................. 274 (111) ................. 274 (111)
nanawaleensis--Section
15.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 274 (111) ................. 274 (111)
Cyrtandra Unit 48.......... ................. 586 (237) 3 (1) 589 (238)
nanawaleensis--Section
16.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 586 (237) 3 (1) 589 (238)
Drosophila digressa--Unit 6.... Cyanea marksii, Unit 56.......... ................. 224 (91) ................. 224 (91)
Schiedea diffusa ssp.
macraei--Section 20.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 224 (91) ................. 224 (91)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coastal *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bidens hillebrandiana Unit 6........... ................. 2 (1) ................. 2 (1)
ssp. hillebrandiana-- Unit 53.......... ................. 76 (31) 78 (32) 154 (62)
Section 2.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 78 (32) 78 (32) 156 (63)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wet Forest and Wet Grassland and Shrubland *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cyanea tritomantha, Unit 8........... ................. 6,805 (2,754) ................. 6,805 (2,754)
Melicope remyi, Unit 9........... ................. ................. 1 (<1) 1 (<1)
Phyllostegia Unit 54.......... ................. 5,855 (2,369) 90 (36) 5,945 (2,406)
floribunda,
Pittosporum
hawaiiense, Schiedea
diffusa ssp. macraei,
Stenogyne cranwelliae--
Section 3.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 12,660 (5,123) 91 (37) 12,751 (5,160)
Phyllostegia Unit 23.......... 9 (4) ................. ................. 9 (4)
floribunda, Unit 45.......... 5,494 (2,223) ................. ................. 5,494 (2,223)
Pittosporum
hawaiiense--Section 7.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. 5,503 (2,227) ................. ................. 5,503 (2,227)
Cyrtandra Unit 28.......... ................. 155 (63) ................. 155 (63)
nanawaleensis, Unit 46.......... ................. 12,212 (4,942) 7 (3) 12,219 (4,945)
Phyllostegia
floribunda--Section 10.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 12,368 (5,005) 7 (3) 12,374 (5,008)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wet Forest and Mesic Forest *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cyanea tritomantha, Unit 24.......... 1,956 (792) ................. ................. 1,956 (792)
Pittosporum Unit 44.......... 322 (130) 5,561 (2,251) ................. 5,884 (2,381)
hawaiiense, Schiedea
diffusa ssp. macraei,
Stenogyne cranwelliae--
Section 8.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. 2,278 (922) 5,561 (2,251) ................. 7,840 (3,173)
Pittosporum hawaiiense, Unit 24.......... 36 (15) 65 (26) ................. 101 (41)
Schiedea diffusa ssp. Unit 43.......... 1,693 (685) 4,180 (1,691) ................. 5,872 (2,376)
macraei, Stenogyne
cranwelliae--Section 9.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. 1,729 (700) 4,244 (1,718) ................. 5,973 (2,417)
Drosophila digressa--Unit 3.... Cyanea tritomantha, Unit 42.......... 8,773 (3,550) 8 (3) ................. 8,781 (3,554)
Phyllostegia
floribunda,
Pittosporum
hawaiiense, Schiedea
diffusa ssp. macraei,
Stenogyne cranwelliae--
Section 14.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. 8,773 (3,550) 8 (3) ................. 8,781 (3,554)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wet Forest, Mesic Forest, and Mesic Grassland and Shrubland *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cyrtandra Unit 49.......... ................. 868 (351) 6 (3) 875 (354)
nanawaleensis--Section
17.
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 868 (351) 6 (3) 875 (354)
Cyrtandra Unit 50.......... ................. 562 (227) ................. 562 (227)
nanawaleensis--Section
18.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 562 (227) ................. 562 (227)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dry Forest *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Schiedea hawaiiensis-- Unit 55.......... ................. 6,822 (2,761) ................. 6,822 (2,761)
Section 19.
----------------------------------------------------------------------------

[[Page 17918]]

Subtotal................... ....................... ................. ................. 6,822 (2,761) ................. 6,822 (2,761)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mesic Forest *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Drosophila digressa--Unit 4.... ....................... ................. ................. 167 (67) ................. 167 (67)
----------------------------------------------------------------------------
Subtotal................... ....................... ................. ................. 167 (67) ................. 167 (67)
----------------------------------------------------------------------------
Total.................. ....................... ................. 32,162 (13,015) 82,252 (33,286) 4,913 (1,988) 119,326 (48,289)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.
* Ecosystem subheadings indicate all of the ecosystems that can be found in each unit, but not every species for which each unit is designated is found
in every ecosystem found in the unit (see table 1 for the ecosystems within each species may be found).

BILLING CODE 4333-15-P

[[Page 17919]]

[GRAPHIC] [TIFF OMITTED] TR12MR24.000

BILLING CODE 4333-15-C

Table 5--Critical Habitat Units for Drosophila Digressa
[Picture-wing fly]
----------------------------------------------------------------------------------------------------------------
Corresponding critical habitat map in the
Critical habitat unit Occupied/unoccupied Code of Federal Regulations (CFR)
----------------------------------------------------------------------------------------------------------------
Drosophila digressa--Unit 1............. Unoccupied................. Drosophila digressa--Hawai[revaps]i
Island, HI--Unit 1.

[[Page 17920]]

Drosophila digressa--Unit 2............. Occupied................... Drosophila digressa--Hawai[revaps]i
Island, HI--Unit 2.
Drosophila digressa--Unit 3............. Unoccupied................. Drosophila digressa--Hawai[revaps]i
Island, HI--Unit 3.
Drosophila digressa--Unit 4............. Occupied................... Drosophila digressa--Hawai[revaps]i
Island, HI--Unit 4.
------------------------------------------
Drosophila digressa--Unit 5............. Unoccupied................. Drosophila digressa--Hawai[revaps]i
Island, HI--Unit 5, Unit 6, Unit 7, Unit
8, Unit 9.
Drosophila digressa--Unit 6............. Occupied
Drosophila digressa--Unit 7............. Unoccupied
Drosophila digressa--Unit 8............. Unoccupied
Drosophila digressa--Unit 9............. Unoccupied
----------------------------------------------------------------------------------------------------------------

We present brief descriptions of all units, and reasons why they
meet the definition of critical habitat, for each of the 12
Hawai[revaps]i Island species, below.

Descriptions of Critical Habitat

We describe each section and unit separately, below, but first
describe the common rationale for designating areas of critical habitat
as occupied and/or unoccupied critical habitat. All areas that are
designated as occupied habitat for a species are important for that
species because these areas are either the last or one of the last
remaining areas inhabited by the species and they meet the definition
of critical habitat, making these areas necessary for maintaining the
redundancy and representation for the species' conservation. This is
the case for all sections and units, with the exception of Schiedea
hawaiiensis--Section 19, which is critical habitat, but is not
currently occupied habitat for any of the 12 species. We note which
areas are the last remaining area known to be inhabited by a species.
We analyzed whether occupied areas were adequate for the
conservation of each of the 12 species based on conservation goals
within the recovery plan (Service 2022a, entire). We determined that
occupied areas are not able to provide the space needed to meet the
target number of reproductive populations and individuals for any of
the 12 species. For four species with naturally narrowly-restricted
ranges, no other areas containing their essential physical or
biological features are known. We determined that for nine species
(Drosophila digressa, Cyanea marksii, Cyanea tritomantha, Melicope
remyi, Phyllostegia floribunda, Pittosporum hawaiiense, Schiedea
diffusa ssp. macraei, Stenogyne cranwelliae, and Schiedea hawaiiensis)
there are additional areas outside the geographical area occupied by
the species that contain at least one physical or biological feature
essential to the conservation of the species. We are designating as
critical habitat all areas of unoccupied habitat that we identified for
these nine species because (1) they provide one or more of the physical
or biological features necessary for the reestablishment of wild
populations within the species' range, and (2) we have reasonable
certainty that these areas will contribute to the conservation of the
species by adding to the area required to support the numbers of
populations and reproducing individuals needed for recovery (thus
helping to ensure resiliency, redundancy, and representation needed for
the species' viability). The establishment of multiple, robust
populations (redundancy) is a key component of conservation of these
species (Service 2022a, pp. 29-30, 35, 39, 48-49). Due to the small
numbers of individuals of each of these species, they require suitable
habitat and space for expansion or introduction to achieve population
levels that could approach recovery. Designating unoccupied areas as
critical habitat for these species also supports recovery by allowing
the habitat needed to establish additional populations able to
withstand environmental stochasticity (resiliency) that otherwise has
potential to eliminate a species from locations where it is currently
found, and some species are only known from one location. Designating
these unoccupied areas as critical habitat also promotes conservation
actions to restore the species' historical, geographical, and
ecological representation (representation), necessary for their
recovery. For ease of reading and space efficiency, after first use of
the full name of a plant section, we will refer to it by its section
number only. For example, our first use of plant Section 2 is described
as ``Bidens hillebrandiana ssp. hillebrandiana--Section 2,'' and after
that is simply referred to as ``Section 2.''

Table 6--Land Use, Threats to Habitat, and Potential Special Management Considerations for Critical Habitat
Units Designated for the 12 Hawai[revaps]i Island Species
----------------------------------------------------------------------------------------------------------------
Plant section Drosophila unit General land use Threats Special management
----------------------------------------------------------------------------------------------------------------
Section 1....................... Unit 1............ A, B, C, D, E, F, O, P, Q........... S, T, U.
G.
Section 2....................... .................. A, B, C, D, E, F, O, P, Q, R........ S, T, U.
H.
Section 3....................... .................. A, B, C, D, E, F, O, P, Q, R........ S, T, U.
H.
Section 4....................... Unit 7............ A, B, C, D, E, F, O, P, Q, R........ S, T, U.
H.
Section 5....................... Unit 8............ A, B, C, D, E, F, O, P, Q, R........ S, T, U.
H.
Section 6....................... .................. A, B, C, D, E, F, O, P, Q, R........ S, T, U.
H.
Section 7....................... .................. A, B, C, D, F, H.. O, P, Q, R........ S, T, U.
Section 8....................... .................. A, E, F, G, H, I, O, P, Q........... S, T.
J, K, L.
Section 9....................... .................. A, E, F, H, I, J.. O, P, Q, R........ S, T, U.
Section 10...................... .................. A, B, C, D, E, F, O, P, Q, R........ S, T, U.
G, H, M.
Section 11...................... Unit 2............ A, B, C, D, E, F, O, P, Q, R........ S, T, U.
H, K, N.
Section 12...................... Unit 9............ A, B, C, D, F, H.. O, P, Q, R........ S, T, U.

[[Page 17921]]

Unit 4............ A, B, C, D, E, F, O, P, Q, R........ S, T, U.
H.
Section 13...................... Unit 5............ A, B, C, D, E, F, O, P, Q, R........ S, T, U.
G, H.
Section 14...................... Unit 3............ A, E, F, H, I, J.. O, P, Q, R........ S, T, U.
Section 15...................... .................. A, B, C, D, E, F, O, P, Q, R........ S, T, U.
N.
Section 16...................... .................. A, B, C, D, E, F, O, P, Q, R........ S, T, U.
N.
Section 17...................... .................. A, B, C, D, E, F, O, P, Q, R........ S, T, U.
N.
Section 18...................... .................. A, B, C, D, E, F, O, P, Q, R........ S, T, U.
N.
Section 19...................... .................. A, B, C, D, E, F, O, P, Q, R........ S, T, U.
H.
Section 20...................... Unit 6............ A, B, C, D, E, F, O, P, Q, R........ S, T.
J, N.
----------------------------------------------------------------------------------------------------------------

Definition of Codes Used in Table 6

General land use:

A = Watershed protection
B = Ungulate and invasive plant control
C = Natural resource monitoring
D = Rare species protection and research
E = Public hunting
F = Public use and recreation
G = Education and outreach
H = Fire control
I = Natural resource conservation, including monitoring invasive
plants and animals
J = Enhancement of native rare plant resources
K = Cultural uses
L = Personal gathering
M = Public use, including traditional and customary rights of Native
Hawaiians
N = Timber management

Threats:

O = Habitat degradation due to rooting by feral ungulates
P = Intrusion of ecosystem-altering, invasive plants
Q = Changes in canopy cover due to plant disease
R = Fire

Special management considerations (see Special Management
Considerations or Protection, in text above for additional detail):

S = Feral ungulate control
T = Measures to control spread of invasive plants
U = Fire management planning and wildfire response

Cyanea tritomantha, Cyrtandra wagneri, Melicope remyi, Phyllostegia
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei,
Stenogyne cranwelliae--Section 1 and Drosophila digressa--Unit 1

Section 1 and Drosophila digressa--Unit 1 consist of wet forest
ecosystem from [revaps][Omacr][revaps][omacr]kala to Maulua Nui on the
northeastern slope of Maunakea. Lands within this section and unit
include approximately 26 percent in Federal ownership, 68 percent in
State ownership, and 6 percent in private/other ownership (see table 3,
above). Section 1 is comprised of two units: Unit 3 is a critical
habitat unit within unit Hawaii 3 (see 50 CFR 17.99(k)), which was
previously designated for other plant species; and Unit 52 is a newly
designated critical habitat unit depicted on Map 119. All State-owned
lands in this section and unit are managed by the State of Hawaii as
part of the Hilo Forest Reserve Humu[revaps]ula, Laup[amacr]hoehoe, and
P[imacr]h[amacr] Sections; the Laup[amacr]hoehoe Natural Area Reserve;
and the Manowaiale[revaps]e Forest Reserve. All Federal lands in this
section and unit are managed by the Service within Hakalau Forest
National Wildlife Refuge, Hakalau Forest Unit. For general land use,
threats, and special management considerations or protection measures
to reduce or alleviate the threats identified within this section and
unit, see table 6, above (DLNR-DOFAW 2022, entire; DLNR and USDA 2016,
p. 4; Service 2010, pp. 1-13, 1-33-1-34; Stewart 2010, entire). The
State lands within this section and unit are managed under the
Laup[amacr]hoehoe Forest Management Plan (DLNR and USDA 2016, entire)
and the Mauna Kea Watershed Management Plan (Stewart 2010, entire). The
Federal lands within this section and unit are managed under the
Hakalau Forest National Wildlife Refuge Comprehensive Conservation Plan
(Service 2010, pp. 2-20-2-40) and the Mauna Kea Watershed Management
Plan (Stewart 2010, entire).
Section 1 is occupied by the plants Cyanea tritomantha, Cyrtandra
wagneri, Melicope remyi, Phyllostegia floribunda, and Stenogyne
cranwelliae. This section and unit include the wet forest, the moisture
regime, and canopy, subcanopy, and understory native plant species
identified as the physical or biological features in the wet forest
ecosystem. Section 1 is important because it has the last remaining
areas inhabited by Cyrtandra wagneri and Melicope remyi, and one of the
last remaining areas inhabited by Cyanea tritomantha, Phyllostegia
floribunda, and Stenogyne cranwelliae, making it an essential area for
maintaining the redundancy and representation necessary for species'
conservation. Although Section 1 is not known to be occupied by the
plants Pittosporum hawaiiense and Schiedea diffusa ssp. macraei, and
Drosophila digressa--Unit 1 is not known to be occupied by Drosophila
digressa, this section and unit contain unoccupied habitat that is
essential for the conservation of these species because they (1) are
habitat for these species, (2) provide at least one of the physical or
biological features essential for the conservation of each of these
species, and (3) contribute to the area of habitat needed to
reestablish wild populations within their range in support of recovery
criteria for each of these species. For recovery, each plant species
needs at least 10 populations, with at least 400 reproducing
individuals per population for Pittosporum hawaiiense and 500
reproducing individuals per population for Schiedea diffusa ssp.
macraei (Service 2022a, pp. 43-44). Drosophila digressa needs at least
10 stable populations for recovery (Service 2022a, p. 49). Therefore,
we are reasonably certain that this section and unit will contribute to
the conservation of these species and that this section and unit
contain one or more of the physical or biological features that are
essential to the conservation of these species. Approximately 12,059 ac
(4,880 ha) of this section and unit overlap designated critical habitat
for the federally endangered plants Clermontia peleana, Cyanea
platyphylla, Cyrtandra giffardii, Cyrtandra tintinnabula, and
Phyllostegia warshaueri (see 50 CFR 17.99(k) and 68 FR 39624, July 2,
2003).
BILLING CODE 4333-15-P

[[Page 17922]]

[GRAPHIC] [TIFF OMITTED] TR12MR24.001

Bidens hillebrandiana ssp. hillebrandiana--Section 2

Section 2 consists of coastal ecosystem from Polol[umacr] to
Laup[amacr]hoehoe Iki on the northeastern slope of Kohala Mountain.
Lands within this section include approximately 50 percent in State
ownership and 50 percent in private/other ownership (see table 3,
above). Section 2 is comprised of two units: Unit 6 is a critical
habitat unit within unit Hawaii 6 (see 50 CFR 17.99(k)), which was
previously designated for another plant species; and Unit 53 is a newly
designated critical habitat unit depicted on Map 120. All State-owned
lands in Section 2 are managed by the State of Hawaii as part of the
Polol[umacr] Section of the Kohala Forest Reserve and the Pu[revaps]u o
[revaps]Umi Natural Area Reserve. The State lands within this section
are managed under the Pu[revaps]u o [revaps]Umi Management Plan (DLNR-
DOFAW 1989, entire) and Kohala Mountain Watershed Management Plan Draft
(Kohala Watershed Partnership [KWP] 2007, entire). For general land
use, threats, and special management considerations or protection
measures to reduce or alleviate the threats identified within this
section, see table 6, above (DLNR-DOFAW 1989, entire; KWP 2007,
entire).
Section 2 is occupied by the plant Bidens hillebrandiana ssp.
hillebrandiana and includes the coastal habitat, the moisture regime,
and canopy, subcanopy, and understory native plant species identified
as the physical or biological features in the coastal ecosystem. This
section is especially important because it is the last remaining area
inhabited by the species, which makes it an important area for
maintaining the redundancy and representation necessary for species'
conservation. Approximately 2 ac (1 ha) of this section overlap
designated critical habitat for the federally endangered plant
Nothocestrum breviflorum (see 50 CFR 17.99(k) and 68 FR 39624, July 2,
2003).

Cyanea tritomantha, Melicope remyi, Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne
cranwelliae--Section 3

Section 3 consists of wet forest and wet grassland and shrubland
ecosystems from Kahua to Pu[revaps]ukapu on Kohala Mountain. Lands
within this section include approximately 99 percent in State ownership
and 1 percent in private/other ownership (see table 3,

[[Page 17923]]

above). Section 3 is comprised of three units: Unit 8 and Unit 9 are
critical habitat units within unit Hawaii 8 and unit Hawaii 9 (see 50
CFR 17.99(k)), which were previously designated for other plant
species; and Unit 54 is a newly designated critical habitat unit
depicted on Map 121. All State-owned lands in this section are managed
by the State of Hawaii as part of the Kohala Forest Reserve, Kohala
Watershed Forest Reserve, and Pu[revaps]u o [revaps]Umi Natural Area
Reserve. The State lands within this section are managed under the
Pu[revaps]u o [revaps]Umi Management Plan (DLNR-DOFAW 1989, entire) and
the Kohala Mountain Watershed Management Plan Draft (KWP 2007, entire).
For general land use, threats, and special management considerations or
protection measures to reduce or alleviate the threats identified
within this section, see table 6, above (DLNR-DOFAW 1989, entire; KWP
2007, entire).
Section 3 is occupied by the plants Cyanea tritomantha, Pittosporum
hawaiiense, Schiedea diffusa ssp. macraei, and Stenogyne cranwelliae,
and includes the wet forest and wet grassland and shrubland ecosystems,
the moisture regime, and canopy, subcanopy, and understory native plant
species identified as the physical or biological features in the wet
forest and wet grassland and shrubland ecosystems. Although Section 3
is not known to be occupied by Melicope remyi or Phyllostegia
floribunda, this section contains unoccupied habitat that is essential
for the conservation of these species because it (1) is habitat for
these species, (2) provides at least one of the physical or biological
features essential for the conservation of each of these species, and
(3) contributes to the area of habitat needed to reestablish wild
populations within their range in support of recovery criteria for each
of these species. For recovery, each species needs at least 10
populations, with at least 200 reproducing individuals per population
for Melicope remyi and at least 500 reproducing individuals per
population for Phyllostegia floribunda (Service 2022a, pp. 43-44).
Therefore, we are reasonably certain that this section will contribute
to the conservation of these species and that this section contains one
or more of the physical or biological features that are essential to
the conservation of these species. Approximately 6,941 ac (2,809 ha) of
this section overlap designated critical habitat for the federally
endangered plants Clermontia drepanomorpha, Phyllostegia warshaueri,
and Achyranthes mutica (see 50 CFR 17.99(k) and 68 FR 39624, July 2,
2003); and for the picture-wing fly Drosophila ochrobasis Units 3
(Kohala Mountains East) and 4 (Kohala Mountains West) (see 50 CFR
17.95(i) and 73 FR 73795, December 4, 2008).

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 4 and
Drosophila digressa--Unit 7

Section 4 and Drosophila digressa--Unit 7 consist of wet forest
ecosystem from Kukuiopa[revaps]e to [revaps][Omacr]lelomoana on the
southwestern slopes of Mauna Loa. Lands within this section and unit
include approximately 88 percent in State ownership and 12 percent in
private/other ownership (see table 3, above). Section 4 is comprised of
two units: Unit 15 is a critical habitat unit within unit Hawaii 15
(see 50 CFR 17.99(k)), which was previously designated for another
plant species; and Unit 39 is a newly designated critical habitat unit
depicted on Map 108. All State-owned lands in this section and unit are
managed by the State of Hawaii as part of the South Kona Forest Reserve
Kukuiopa[revaps]e Section. The State lands within this section and unit
are managed under the Three Mountain Alliance Management Plan (TMA
2007, entire). For general land use, threats, and special management
considerations or protection measures to reduce or alleviate the
threats identified within this section and unit, see table 6, above
(TMA 2007, pp. 26-37; DLNR-DOFAW 2022, entire).
Section 4 is occupied by the plants Cyanea marksii, Phyllostegia
floribunda, and Pittosporum hawaiiense. This section and unit include
the wet forest, the moisture regime, and canopy, subcanopy, and
understory native plant species identified as the physical or
biological features in the wet forest ecosystem. Although Section 4 is
not known to be occupied by the plants Schiedea diffusa ssp. macraei
and Stenogyne cranwelliae, and Drosophila digressa--Unit 7 is not known
to be occupied by Drosophila digressa, this section and unit contain
unoccupied habitat that is essential for the conservation of these
species because they (1) are habitat for these species, (2) provide at
least one of the physical or biological features essential for the
conservation of each of these species, and (3) contribute to the area
of habitat needed to reestablish wild populations within their range in
support of recovery criteria for each of these species. For recovery,
Schiedea diffusa ssp. macraei needs at least 10 populations, with at
least 500 reproducing individuals per population, and Stenogyne
cranwelliae needs at least 20 populations, with at least 500
reproducing individuals per population (Service 2022a, pp. 43-44).
Drosophila digressa needs at least 10 stable populations for recovery
(Service 2022a, p. 49). Therefore, we are reasonably certain that this
section and unit will contribute to the conservation of these species
and that this section and unit contain one or more of the physical or
biological features that are essential to the conservation of these
species. Approximately 182 ac (73 ha) of this section and unit overlap
designated critical habitat for the federally endangered plant Cyanea
stictophylla (see 50 CFR 17.99(k) and 68 FR 39624, July 2, 2003).

[[Page 17924]]

[GRAPHIC] [TIFF OMITTED] TR12MR24.002

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 5 and
Drosophila digressa--Unit 8

Section 5 and Drosophila digressa--Unit 8 consist of wet forest
ecosystem in Ka[revaps]ohe on the southwestern slopes of Mauna Loa.
Lands within this section and unit include approximately 53 percent in
State ownership and 47 percent in private/other ownership (see table 3,
above). Section 5 is comprised of two units: Unit 15 is a critical
habitat unit within unit Hawaii 15 (see 50 CFR 17.99(k)), which was
previously designated for another plant species; and Unit 38 is a newly
designated critical habitat unit depicted on Map 107. All State-owned
lands in this section and unit are managed by the State of Hawaii as
part of the South Kona Forest Reserve, Ka[revaps]ohe Section and
Kukuiopa[revaps]e Section. The State lands within this section and unit
are managed under the Three Mountain Alliance Management Plan (TMA
2007, pp. 47-50). For general land use, threats, and special management
considerations or protection measures to reduce or alleviate the
threats identified within this section and unit, see table 6, above
(DLNR-DOFAW 2022, entire; TMA 2007, pp. 26-37).
Section 5 is occupied by the plant Cyanea marksii. This section and
unit include the wet forest, the moisture regime, and canopy,
subcanopy, and understory native plant species identified as the
physical or biological features in the wet forest ecosystem. Although
Section 5 is not known to be occupied by the plants Phyllostegia
floribunda, Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, and
Stenogyne cranwelliae, and Drosophila digressa--Unit 8 is not known to
be occupied by Drosophila digressa, this section and unit contain
unoccupied habitat that is essential for the conservation of these
species because they (1) are habitat for these species, (2) provide at
least one of the physical or biological features essential for the
conservation of each of these species, and (3) contribute to the area
of habitat needed to reestablish wild populations within their range in
support of recovery criteria for each of these species. For recovery,
Phyllostegia floribunda, Pittosporum hawaiiense, and Schiedea diffusa
ssp. macraei each need at least 10 populations, with at

[[Page 17925]]

least 500 reproducing individuals per population for Phyllostegia
floribunda and Schiedea diffusa ssp. macraei and at least 400
reproducing individuals per population for Pittosporum hawaiiense
(Service 2022a, pp. 43-44). For Stenogyne cranwelliae, at least 20
populations, each with at least 500 reproducing individuals, are
necessary for recovery (Service 2022a, pp. 43-44). Drosophila digressa
needs at least 10 stable populations for recovery (Service 2022a, p.
49). Therefore, we are reasonably certain that this section and unit
will contribute to the conservation of these species and that this
section and unit contain one or more of the physical or biological
features that are essential to the conservation of these species.
Approximately 127 ac (51 ha) of this section and unit overlap
designated critical habitat for the federally endangered plant Cyanea
stictophylla (see 50 CFR 17.99(k) and 68 FR 39624, July 2, 2003).

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 6

Section 6 consists of wet forest ecosystem in
K[imacr]p[amacr]hoehoe on the southwestern slopes of Mauna Loa. Lands
within this section include approximately 96 percent in State ownership
and 4 percent in private/other ownership (see table 3, above). Section
6 is comprised of two units: Unit 16 is a critical habitat unit within
unit Hawaii 16 (see 50 CFR 17.99(k)), which was previously designated
for another plant species; and Unit 40 is a newly designated critical
habitat unit depicted on Map 109. All State-owned lands in this section
are managed by the State of Hawaii as part of the
K[imacr]p[amacr]hoehoe Natural Area Reserve. The State lands within
this section are managed under the K[imacr]p[amacr]hoehoe Natural Area
Reserve Management Plan (DLNR-DOFAW 2002, entire) and the Three
Mountain Alliance Management Plan (TMA 2007, entire). For general land
use, threats, and special management considerations or protection
measures to reduce or alleviate the threats within this section, see
table 6, above (DLNR-DOFAW 2002, entire).
Section 6 is occupied by the plants Cyanea marksii and Phyllostegia
floribunda. This section includes the wet forest, the moisture regime,
and canopy, subcanopy, and understory native plant species identified
as the physical or biological features in the wet forest ecosystem.
Although Section 6 is not known to be occupied by Pittosporum
hawaiiense, Schiedea diffusa ssp. macraei, or Stenogyne cranwelliae,
this section contains unoccupied habitat that is essential for the
conservation of these species because it (1) is habitat for these
species, (2) provides at least one of the physical or biological
features essential for the conservation of each of these species, and
(3) contributes to the area of habitat needed to reestablish wild
populations within their range in support of recovery criteria for each
of these species. For recovery, Pittosporum hawaiiense and Schiedea
diffusa ssp. macraei each need at least 10 populations, with at least
400 reproducing individuals per population for Pittosporum hawaiiense
and at least 500 reproducing individuals per population for Schiedea
diffusa ssp. macraei, and Stenogyne cranwelliae needs at least 20
populations, each with at least 500 reproducing individuals (Service
2022a, pp. 43-44). Therefore, we are reasonably certain that this
section will contribute to the conservation of these species and that
this section contains one or more of the physical or biological
features that are essential to the conservation of these species.
Approximately 156 ac (63 ha) of this section overlap designated
critical habitat for the federally endangered plant Cyanea stictophylla
(see 50 CFR 17.99(k) and 68 FR 39624, July 2, 2003).

Phyllostegia floribunda, Pittosporum hawaiiense--Section 7

Section 7 consists of wet forest and wet grassland and shrubland
ecosystems from P[amacr]nau Nui to Kamoamoa on the eastern slope of
K[imacr]lauea Volcano, entirely on Federal land (see table 3, above).
Section 7 is comprised of two units: Unit 23 is a critical habitat unit
within unit Hawaii 23 (see 50 CFR 17.99(k)), which was previously
designated for another plant species; and Unit 45 is a newly designated
critical habitat unit depicted on Map 114. Lands within this section
are entirely under Federal ownership managed by the National Park
Service within Hawai[revaps]i Volcanoes National Park. Federal lands
within this section are managed by the National Park Service under the
Hawai[revaps]i Volcanoes National Park General Management Plan
(National Park Service 2015, 2016, entire) and the Three Mountain
Alliance Management Plan (TMA 2007, entire). For general land use,
threats, and special management considerations or protection measures
to reduce or alleviate the threats within this section, see table 6,
above (National Park Service 2015, 2016, entire).
Section 7 is occupied by the plants Phyllostegia floribunda and
Pittosporum hawaiiense and includes the wet forest and wet grassland
and shrubland ecosystems, the moisture regime, and canopy, subcanopy,
and understory native plant species identified as the physical or
biological features in the wet forest and wet grassland and shrubland
ecosystems. Approximately 9 ac (4 ha) of this section overlap
designated critical habitat for the federally endangered plant Pleomele
hawaiiensis (now listed as Dracaena konaensis) (see 50 CFR 17.99(k) and
68 FR 39624, July 2, 2003).

Cyanea tritomantha, Pittosporum hawaiiense, Schiedea diffusa ssp.
macraei, Stenogyne cranwelliae--Section 8

Section 8 consists of wet and mesic forest ecosystems from
N[imacr]nole to P[amacr]hala on the southern slopes of Mauna Loa. Lands
within this section include approximately 29 percent in Federal
ownership and 71 percent in State ownership (see table 3, above).
Section 8 is comprised of two units: Unit 24 is a critical habitat unit
within unit Hawaii 24 (see 50 CFR 17.99(k)), which was previously
designated for another plant species; and Unit 44 is a newly designated
critical habitat unit depicted on Map 113. Federal lands in Section 8
are managed by the National Park Service within Hawai[revaps]i
Volcanoes National Park and in accordance with the Hawai[revaps]i
Volcanoes National Park General Management Plan (National Park Service
2015, 2016, entire). All State-owned lands in this section are managed
by the State of Hawaii, are part of the Ka[revaps][umacr] Forest
Reserve, and are managed under the Ka[revaps][umacr] Forest Reserve
Management Plan (DLNR-DOFAW 2012, entire). For general land use,
threats, and special management considerations or protection measures
to reduce or alleviate the threats within Section 8, see table 6, above
(DLNR-DOFAW 2012, p. 3; TMA 2007, pp. 44-46).
Section 8 is occupied by the plants Cyanea tritomantha, Pittosporum
hawaiiense, and Schiedea diffusa ssp. macraei and includes the wet and
mesic forest, the moisture regime, and canopy, subcanopy, and
understory native plant species identified as the physical or
biological features in the wet and mesic forest ecosystems. Although
Section 8 is not known to be occupied by the plant Stenogyne
cranwelliae, this section contains unoccupied habitat that is essential
for the conservation of this species because it (1) is habitat for the
species, (2) provides at least one of the physical or biological
features essential for the conservation of the species, and (3)
contributes to the area of habitat needed to reestablish wild
populations

[[Page 17926]]

within their range in support of recovery criteria for the species. For
recovery, Stenogyne cranwelliae needs at least 20 populations, each
with at least 500 reproducing individuals (Service 2022a, pp. 43-44).
Therefore, we are reasonably certain that this section will contribute
to the conservation of this species and that this section contains one
or more of the physical or biological features that are essential to
the conservation of the species. Approximately 2,081 ac (842 ha) of the
section overlap designated critical habitat for the federally
endangered plant Argyroxiphium kauense (see 50 CFR 17.99(k) and 68 FR
39624, July 2, 2003) and for the picture-wing fly Drosophila
heteroneura Unit 1 (Ka[revaps][umacr] Forest) (see 50 CFR 17.95(i) and
73 FR 73795, December 4, 2008).
[GRAPHIC] [TIFF OMITTED] TR12MR24.003

BILLING CODE 4333-15-C

Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, Stenogyne
cranwelliae--Section 9

Section 9 consists of wet and mesic forest ecosystems from
Wai[revaps][omacr]hinu to N[imacr]nole on the southern slopes of Mauna
Loa. Lands within this section include approximately 29 percent in
Federal ownership and 71 percent in State ownership (see table 3,
above). Section 9 is comprised of two units: Unit 24 is a critical
habitat unit within unit Hawaii 24 (see 50 CFR 17.99(k)), which was
previously designated for another plant species; and Unit 43 is a newly
designated critical habitat unit depicted on Map 112. Federal lands in
Section 9 are managed by the National Park Service within
Hawai[revaps]i Volcanoes National Park and in accordance with the
Hawai[revaps]i Volcanoes National Park General Management Plan
(National Park Service 2015, 2016, entire). All State-owned lands in
this section are managed by the State of Hawaii, are part of the
Ka[revaps][umacr] Forest Reserve, and are managed under the
Ka[revaps][umacr] Forest Reserve Management Plan (DLNR-DOFAW 2012,
entire). For general land use, threats, and special management
considerations or protection measures to

[[Page 17927]]

reduce or alleviate the threats within this section, see table 6, above
(TMA 2007, pp. 26-37; DLNR-DOFAW 2012, pp. 1-3; DLNR 2017, pp. 3-5).
Section 9 is occupied by the plants Pittosporum hawaiiense and
Schiedea diffusa ssp. macraei and includes the wet and mesic forest,
the moisture regime, and canopy, subcanopy, and understory native plant
species identified as the physical or biological features in the wet
and mesic forest ecosystems. Although Section 9 is not known to be
occupied by Stenogyne cranwelliae, this section contains unoccupied
habitat that is essential for the conservation of this species because
it (1) is habitat for the species, (2) provides at least one of the
physical or biological features essential for the conservation of the
species, and (3) contributes to the area of habitat needed to
reestablish wild populations within their range in support of recovery
criteria for the species. For recovery, Stenogyne cranwelliae needs at
least 20 populations, each with at least 500 reproducing individuals
(Service 2022a, pp. 43-44). Therefore, we are reasonably certain that
this section will contribute to the conservation of this species and
that this section contains one or more of the physical or biological
features that are essential to the conservation of the species.
Approximately 101 ac (41 ha) of this section overlap designated
critical habitat for the federally endangered plant Argyroxiphium
kauense (see 50 CFR 17.99(k) and 68 FR 39624, July 2, 2003) and for the
picture-wing fly Drosophila ochrobasis Unit 5 (Upper Kahuku) (see 50
CFR 17.95(i) and 73 FR 73795, December 4, 2008).

Cyrtandra nanawaleensis, Phyllostegia floribunda--Section 10

Section 10 consists of wet forest and wet grassland and shrubland
ecosystems from Kahauale[revaps]a to Wao Kele o Puna near the east rift
zone of K[imacr]lauea Volcano in the district of Puna. Lands within
this section include approximately 100 percent in State ownership and
less than 1 percent in private/other ownership (see table 3, above).
Section 10 is comprised of two units: Unit 28 is a critical habitat
unit within unit Hawaii 28 (see 50 CFR 17.99(k)), which was previously
designated for another plant species; and Unit 46 is a newly designated
critical habitat unit depicted on Map 115. Lands within this section
are almost entirely under State ownership managed by the State of
Hawaii within the Kahauale[revaps]a Natural Area Reserve and the State
of Hawaii Office of Hawaiian Affairs within the Wao Kele o Puna Forest
Reserve. The State lands within this section are managed under the Wao
Kele o Puna Comprehensive Management Plan
(N[amacr]lehualawaku[revaps]ulei 2017, entire) and the Three Mountain
Alliance Management Plan (TMA 2007, entire). For general land use,
threats, and special management considerations or protection measures
to reduce or alleviate the threats within this section, see table 6,
above (DLNR-DOFAW 2022, entire; TMA 2007, pp. 26-37;
N[amacr]lehualawaku[revaps]ulei 2017, entire).
Section 10 is occupied by the plants Cyrtandra nanawaleensis and
Phyllostegia floribunda and includes the wet forest and wet grassland
and shrubland, the moisture regime, and canopy, subcanopy, and
understory native plant species identified as the physical or
biological features in the wet forest and wet grassland and shrubland
ecosystems. Approximately 155 ac (63 ha) of this section overlap
designated critical habitat for the federally endangered plant
Adenophorus periens (see 50 CFR 17.99(k) and 68 FR 39624, July 2,
2003).

Cyanea tritomantha, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 11 and
Drosophila digressa--Unit 2

Section 11 and Drosophila digressa--Unit 2 consist of wet forest
ecosystem from [revaps][Omacr]la[revaps]a to Upper Wai[amacr]kea on the
eastern slope of Mauna Loa and partially on the northern slope of
K[imacr]lauea Volcano. Lands within this section and unit include
approximately 25 percent in Federal ownership, 75 percent in State
ownership, and less than 1 percent in private/other ownership (see
table 3, above). Section 11 is comprised of three units: Unit 29 and
Unit 30 are critical habitat units within unit Hawaii 29 and unit
Hawaii 30 (see 50 CFR 17.99(k)), which were previously designated for
other plant species; and Unit 51 is a newly designated critical habitat
unit depicted on Map 118. All State-owned lands in this section and
unit are managed by the State of Hawaii as part of the Hilo Forest
Reserve K[umacr]k[umacr]au Section, [revaps][Omacr]la[revaps]a Forest
Reserve Mountain View Section, Upper Wai[amacr]kea Forest Reserve,
Wai[amacr]kea Forest Reserve, Pu[revaps]u Maka[revaps]ala Natural Area
Reserve, and Wai[amacr]kea 1942 Lava Flow Natural Area Reserve. All
Federal lands in this section and unit are managed by the National Park
Service within the Hawai[revaps]i Volcanoes National Park. The State
lands within this section and unit are managed under the Pu[revaps]u
Maka[revaps]ala Natural Area Reserve Management Plan (DLNR-DOFAW 2013,
entire) and the Three Mountain Alliance's Management Plan (TMA 2007,
entire). The Federal lands within this section and unit are managed
under the Hawai[revaps]i Volcanoes National Park General Management
Plan (National Park Service 2015, 2016, entire). For general land use,
threats, and special management considerations or protection measures
to reduce or alleviate the threats within this section and unit, see
table 6 (National Park Service 2015, 2016, entire; DLNR-DOFAW 2013, p.
21; DLNR-DOFAW 2022, entire; TMA 2007, pp. 40-43).
Section 11 is occupied by the plants Cyanea tritomantha,
Phyllostegia floribunda, Pittosporum hawaiiense, and Schiedea diffusa
ssp. macraei, and Drosophila digressa--Unit 2 is occupied by the
picture-wing fly Drosophila digressa. This section and unit include the
wet forest, the moisture regime, and canopy, subcanopy, and understory
native plant species identified as the physical or biological features
in the wet forest ecosystem. Although Section 11 is not known to be
occupied by Stenogyne cranwelliae, this section contains unoccupied
habitat that is essential for the conservation of this species because
it (1) is habitat for the species, (2) provides at least one of the
physical or biological features essential for the conservation of the
species, and (3) contributes to the area of habitat needed to
reestablish wild populations within their range in support of recovery
criteria for the species. For recovery, Stenogyne cranwelliae needs at
least 20 populations, each with at least 500 reproducing individuals
(Service 2022a, pp. 43-44). Therefore, we are reasonably certain that
this section will contribute to the conservation of this species and
that this section contains one or more of the physical or biological
features that are essential to the conservation of the species.
Approximately 14,695 ac (5,947 ha) of this section and unit overlap
designated critical habitat for the federally endangered plants
Clermontia peleana, Cyanea stictophylla, Cyrtandra giffardii,
Phyllostegia velutina, and Sicyos alba (see 50 CFR 17.99(k) and 68 FR
39624, July 2, 2003), and for the picture-wing fly Drosophila mulli
Unit 1 ([revaps][Omacr]la[revaps]a Forest) and Unit 3 (Wai[amacr]kea
Forest) (see 50 CFR 17.95(i) and 73 FR 73795, December 4, 2008).

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 12 and
Drosophila digressa--Unit 9

Section 12 and Drosophila digressa--Unit 9 consist of wet forest
ecosystem in Ho[revaps]okena on the southwestern slopes of Mauna Loa.
Newly designated critical habitat for Section 12 is entirely within
critical habitat Unit 37 depicted on Map

[[Page 17928]]

106 and includes approximately 100 percent Federal land with less than
1 ac (less than 1 ha) of land that is privately owned or has other
ownership (see table 3, above). Lands within this section and unit are
almost entirely managed by the Service within Hakalau Forest National
Wildlife Refuge's Kona Forest Unit and in accordance with the Hakalau
Forest National Wildlife Refuge Comprehensive Conservation Plan
(Service 2010, pp. 2-13-2-19, 2-33-2-40). The State lands within this
section and unit are managed under the Three Mountain Alliance
Management Plan (TMA 2007, pp. 47-50). For general land use, threats,
and special management considerations or protection measures to reduce
or alleviate the threats within this section and unit, see table 6,
above (Service 2010, entire; TMA 2007, pp. 26-37).
Section 12 is occupied by the plant Cyanea marksii. This section
and unit include the wet forest, the moisture regime, and canopy,
subcanopy, and understory native plant species identified as the
physical or biological features in the wet forest ecosystem. Although
Section 12 is not known to be occupied by Phyllostegia floribunda,
Pittosporum hawaiiense, Schiedea diffusa ssp. macraei, or Stenogyne
cranwelliae, and Drosophila digressa--Unit 9 is not known to be
occupied by Drosophila digressa, this section and unit contain
unoccupied habitat that is essential for the conservation of these
species because they (1) are habitat for these species, (2) provide at
least one of the physical or biological features essential for the
conservation of each of these species, and (3) contribute to the area
of habitat needed to reestablish wild populations within their range in
support of recovery criteria for each of these species. For recovery,
Phyllostegia floribunda and Schiedea diffusa ssp. macraei each need at
least 10 populations, with at least 500 reproducing individuals per
population; Pittosporum hawaiiense needs at least 10 populations, each
with at least 400 reproducing individuals; and Stenogyne cranwelliae
needs at least 20 populations, each with at least 500 reproducing
individuals (Service 2022a, pp. 43-44). Drosophila digressa needs at
least 10 stable populations for recovery (Service 2022a, p. 49).
Therefore, we are reasonably certain that this section and unit will
contribute to the conservation of these species and that this section
and unit contain one or more of the physical or biological features
that are essential to the conservation of these species. Approximately
1,482 ac (600 ha) of this section and unit overlap designated critical
habitat for the picture-wing fly Drosophila heteroneura Unit 2 (Kona
Refuge) (see 50 CFR 17.95(i) and 73 FR 73795, December 4, 2008).

Drosophila digressa--Unit 4

Drosophila digressa--Unit 4 consists of mesic forest ecosystem at
Manuk[amacr] on the southern slopes of Mauna Loa, with 100 percent of
lands in State ownership (see table 3, above). All State-owned lands in
this unit are managed by the State of Hawaii as part of the
Manuk[amacr] Natural Area Reserve, under the Manuk[amacr] Natural Area
Reserve Draft Management Plan (DLNR-DOFAW 1992, entire) and the Three
Mountain Alliance Management Plan (TMA 2007, entire). For general land
use, threats, and special management considerations or protection
measures to reduce or alleviate the threats within this unit, see table
6, above (DLNR-DOFAW 1992, entire).
Drosophila digressa--Unit 4 is occupied by the picture-wing fly
Drosophila digressa and includes the mesic forest, the moisture regime,
and canopy, subcanopy, and understory native plant species identified
as the physical or biological features in the mesic forest ecosystem.
This entire unit (167 ac, 67 ha) overlaps designated critical habitat
for the federally endangered plants Colubrina oppositifolia, Diellia
erecta (now listed as Asplenium dielerectum), Flueggea neowawraea,
Gouania vitifolia, Neraudia ovata, and Pleomele hawaiiensis (now listed
as Dracaena konaensis) (see 50 CFR 17.99(k) and 68 FR 39624, July 2,
2003).

Cyanea marksii, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 13 and
Drosophila digressa--Unit 5

Section 13 and Drosophila digressa--Unit 5 consist of wet forest
ecosystem from K[imacr]p[amacr]hoehoe to Honomalino on the southwestern
slopes of Mauna Loa. Lands within this section and unit include
approximately 12 percent in State ownership and 88 percent in private/
other ownership (see table 3, above). Newly designated critical habitat
for Section 13 is entirely within critical habitat Unit 41 depicted on
Map 110. All State-owned lands in this section and unit are managed by
the State of Hawaii as part of the K[imacr]p[amacr]hoehoe Natural Area
Reserve and South Kona Forest Reserve Kapua-Manuk[amacr] Section. Some
private lands are owned by The Nature Conservancy, within the Kona Hema
Preserve. The State lands within this section and unit are managed
under the K[imacr]p[amacr]hoehoe Natural Area Reserve Management Plan
(DLNR-DOFAW 2002, entire) and the Three Mountain Alliance Management
Plan (TMA 2007, entire). The Nature Conservancy's land is managed under
the Forest Stewardship Management Plan for the Kona Hema Preserve (The
Nature Conservancy 2017, entire). For general land use, threats, and
special management considerations or protection measures to reduce or
alleviate the threats within this section and unit, see table 6, above
(DLNR-DOFAW 2002, entire).
Section 13 is occupied by the plants Cyanea marksii, Phyllostegia
floribunda, and Pittosporum hawaiiense. This section and unit include
the wet forest, the moisture regime, and canopy, subcanopy, and
understory native plant species identified as the physical or
biological features in the wet forest ecosystem. Although Section 13 is
not known to be occupied by Schiedea diffusa ssp. macraei and Stenogyne
cranwelliae, and Drosophila digressa--Unit 5 is not known to be
occupied by Drosophila digressa, this section and unit contains
unoccupied habitat that is essential for the conservation of these
species because they (1) are habitat for these species, (2) provide at
least one of the physical or biological features essential for the
conservation of each of these species, and (3) contribute to the area
of habitat needed to reestablish wild populations within their range in
support of recovery criteria for each of these species. For recovery,
Schiedea diffusa ssp. macraei needs at least 10 populations, each with
at least 500 reproducing individuals, and Stenogyne cranwelliae needs
at least 20 populations, each with at least 500 reproducing individuals
(Service 2022a, pp. 43-44). Drosophila digressa needs at least 10
stable populations for recovery (Service 2022a, p. 49). Therefore, we
are reasonably certain that this section and unit will contribute to
the conservation of these species and that this section and unit
contain one or more of the physical or biological features that are
essential to the conservation of these species. There is no designated
critical habitat for other listed species within this section and unit.

Cyanea tritomantha, Phyllostegia floribunda, Pittosporum hawaiiense,
Schiedea diffusa ssp. macraei, Stenogyne cranwelliae--Section 14 and
Drosophila digressa--Unit 3

Section 14 and Drosophila digressa--Unit 3 are entirely overlapping
and consist of wet and mesic forest ecosystems at Kahuku on the
southern

[[Page 17929]]

slopes of Mauna Loa. Newly designated critical habitat for Section 14
is comprised of a single unit of newly designated critical habitat,
Unit 42 depicted on Map 111. Lands within this section and unit include
approximately 100 percent in Federal ownership and less than 1 percent
in State ownership (see table 3, above). Federal lands are managed by
the National Park Service within the Hawai[revaps]i Volcanoes National
Park in accordance with the Hawai[revaps]i Volcanoes National Park
General Management Plan (National Park Service 2015, 2016, entire). All
State-owned lands in this section and unit are managed by the State of
Hawaii, are part of the Ka[revaps][umacr] Forest Reserve, and are
managed under the Ka[revaps][umacr] Forest Reserve Management Plan
(DLNR-DOFAW 2012, entire). For general land use, threats, and special
management considerations or protection measures to reduce or alleviate
the threats within this section and unit, see table 6, above (TMA 2007,
pp. 26-37; DLNR-DOFAW 2012, pp. 1-3; DLNR 2017, pp. 3-5).
Section 14 is occupied by the plants Pittosporum hawaiiense and
Schiedea diffusa ssp. macraei. This section and unit include the wet
and mesic forest, the moisture regime, and canopy, subcanopy, and
understory native plant species identified as the physical or
biological features in the wet and mesic forest ecosystems. Although
Section 14 is not known to be occupied by the plants Cyanea
tritomantha, Phyllostegia floribunda, or Stenogyne cranwelliae, or by
the picture-wing fly Drosophila digressa in Drosophila digressa--Unit
3, this section and unit contain unoccupied habitat that is essential
for the conservation of these species because they (1) are habitat for
these species, (2) provide at least one of the physical or biological
features essential for the conservation of each of these species, and
(3) contribute to the area of habitat needed to reestablish wild
populations within their range in support of recovery criteria for each
of these species. For recovery, Cyanea tritomantha and Phyllostegia
floribunda each need at least 10 populations, with at least 500
reproducing individuals per population, and Stenogyne cranwelliae needs
at least 20 populations, each with at least 500 reproducing individuals
(Service 2022a, pp. 43-44). Drosophila digressa needs at least 10
stable populations for recovery (Service 2022a, p. 49). Therefore, we
are reasonably certain that this section and unit will contribute to
the conservation of these species and that this section and unit
contain one or more of the physical or biological features that are
essential to the conservation of these species. Approximately 681 ac
(275 ha) of this section and unit overlap designated critical habitat
for the picture-wing fly Drosophila heteroneura Unit 3 (Lower Kahuku)
(see 50 CFR 17.95(i) and 73 FR 73795, December 4, 2008).

Cyrtandra nanawaleensis--Section 15

Section 15 consists of wet forest ecosystem at
Kam[amacr][revaps]ili near the east rift zone of K[imacr]lauea Volcano
in the district of Puna. Lands within this section are entirely under
State ownership managed by the State of Hawaii within the
Keau[revaps]ohana Forest Reserve (see table 3, above). Section 15 is
comprised of one unit: Unit 47, which is a newly designated critical
habitat unit depicted on Map 116. The State lands within this section
are managed under the Three Mountain Alliance's Management Plan (TMA
2007, entire). For general land use, threats, and special management
considerations or protection measures to reduce or alleviate the
threats within this section, see table 6, above (DLNR-DOFAW 2022,
entire; TMA 2007, pp. 40-43).
Section 15 is occupied by the plant Cyrtandra nanawaleensis and
includes the wet forest, the moisture regime, and canopy, subcanopy,
and understory native plant species identified as the physical or
biological features in the wet forest ecosystem. There is no designated
critical habitat for other listed species within the section.

Cyrtandra nanawaleensis--Section 16

Section 16 consists of wet forest ecosystem in P[amacr]hoa near the
east rift zone of K[imacr]lauea Volcano in the district of Puna. Lands
within this section include approximately 99 percent under State
ownership and 1 percent in private/other ownership (see table 3,
above). Section 16 is comprised of one unit: Unit 48, which is a newly
designated critical habitat unit depicted on Map 116. All State-owned
lands in this section are managed by the State of Hawaii as part of the
N[amacr]n[amacr]wale Forest Reserve, under the Three Mountain
Alliance's Management Plan (TMA 2007, entire). For general land use,
threats, and special management considerations or protection measures
to reduce or alleviate the threats within this section, see table 6,
above (DLNR-DOFAW 2022, entire; TMA 2007, pp. 40-43).
Section 16 is occupied by the plant Cyrtandra nanawaleensis and
includes the wet forest, the moisture regime, and canopy, subcanopy,
and understory native plant species identified as the physical or
biological features in the wet forest ecosystem. There is no designated
critical habitat for other listed species within the section.

Cyrtandra nanawaleensis--Section 17

Section 17 consists of wet and mesic forest and mesic grassland and
shrubland ecosystems at Malama-K[imacr] near the east rift zone of
K[imacr]lauea Volcano in the district of Puna. Lands within this
section include approximately 99 percent under State ownership and 1
percent in private/other ownership (see table 3, above). Section 17 is
comprised of one unit: Unit 49, which is a newly designated critical
habitat unit depicted on Map 117. State-owned lands within this section
are managed by the State of Hawaii within the Malama-K[imacr] Forest
Reserve, under the Three Mountain Alliance's Management Plan (TMA 2007,
entire). For general land use, threats, and special management
considerations or protection measures to reduce or alleviate the
threats within this section, see table 6, above (DLNR-DOFAW 2022,
entire; TMA 2007, pp. 40-43).
Section 17 is occupied by the plant Cyrtandra nanawaleensis and
includes the wet forest, mesic forest, and mesic grassland and
shrubland; the moisture regime; and canopy, subcanopy, and understory
native plant species identified as the physical or biological features
in the wet forest, mesic forest, and mesic grassland and shrubland
ecosystems. There is no designated critical habitat for other listed
species within the section.

Cyrtandra nanawaleensis--Section 18

Section 18 consists of wet and mesic forest and mesic grassland and
shrubland ecosystems at Kapoho near the east rift zone of K[imacr]lauea
Volcano in the district of Puna. Lands within this section are entirely
under State ownership (see table 3, above). Section 18 is comprised of
one unit: Unit 50, which is a newly designated critical habitat unit
depicted on Map 117. State-owned lands within this section are managed
by the State of Hawaii within the N[amacr]n[amacr]wale Forest Reserve
Halepua[revaps]a section, under the Three Mountain Alliance's
Management Plan (TMA 2007, entire). For general land use, threats, and
special management considerations or protection measures to reduce or
alleviate the threats within this section, see table 6, above (DLNR-
DOFAW 2022, entire; TMA 2007, pp. 40-43).
Section 18 is occupied by the plant Cyrtandra nanawaleensis and
includes the wet forest, mesic forest, and mesic grassland and
shrubland; the moisture regime; and canopy, subcanopy, and

[[Page 17930]]

understory native plant species identified as the physical or
biological features in the wet forest, mesic forest, and mesic
grassland and shrubland ecosystems. There is no designated critical
habitat for other listed species within the section.

Schiedea hawaiiensis--Section 19

Section 19 consists of dry forest ecosystem adjacent to the
P[omacr]hakuloa Training Area in the saddle of Maunakea, Mauna Loa, and
Hual[amacr]lai. Lands within this section are entirely in State
ownership (see table 3, above). Designated critical habitat for Section
19 is entirely within critical habitat Unit 55 depicted on Map 122. The
State-owned lands in this section include the Pu[revaps]u Anahulu Game
Management Area and are managed under the Three Mountain Alliance
Management Plan (TMA 2007, entire). For general land use, threats, and
special management considerations or protection measures to reduce or
alleviate the threats within this section, see table 6, above (DLNR-
DOFAW 2015, entire; TMA 2007, pp. 51-55).
Section 19 is not known to be occupied by Schiedea hawaiiensis, but
this section includes the dry forest, the moisture regime, and canopy,
subcanopy, and understory native plant species identified as the
physical or biological features in the dry forest ecosystems. This
section also provides an area for potential population establishment,
which is essential for the conservation of Schiedea hawaiiensis because
10 populations are identified as part of the recovery criteria, but
only 1 wild population and 3 reintroduced populations are extant.
Although Section 19 contains unoccupied habitat for Schiedea
hawaiiensis, we have determined this area is essential for the
conservation of this species because it (1) is habitat for this
species, (2) provides at least one of the physical or biological
features essential for the conservation of this species, and (3)
contributes to the area of habitat needed to reestablish wild
populations within their range in support of the species' recovery
criteria. At least 10 populations, each with at least 500 reproducing
individuals, are necessary for the species' recovery (Service 2022a,
pp. 43-44). Therefore, we are reasonably certain that this section will
contribute to the conservation of this species and that this section
contains one or more of the physical or biological features that are
essential to the conservation of this species. Section 19 does not
overlap with existing critical habitat for other listed species.

Cyanea marksii, Schiedea diffusa ssp. macraei--Section 20 and
Drosophila digressa--Unit 6

Section 20 and Drosophila digressa--Unit 6 consist of wet forest
ecosystem from Miloli[revaps]i to Honomalino on the southwestern slopes
of Mauna Loa. Lands within this section and unit are entirely in State
ownership (see table 3, above). Newly designated critical habitat for
Section 20 is entirely within critical habitat Unit 56 depicted on Map
123. All State-owned lands in this section and unit are managed by the
State of Hawaii as part of the South Kona Forest Reserve Kapua-
Manuk[amacr] Section, under the Three Mountain Alliance's Management
Plan (TMA 2007, entire). For general land use, threats, and special
management considerations or protection measures to reduce or alleviate
the threats within this section and unit, see table 6, above (DLNR-
DOFAW 2022, entire; TMA 2007, pp. 47-50).
Drosophila digressa--Unit 6 is occupied by the picture-wing fly
Drosophila digressa. This section and unit include the wet forest, the
moisture regime, and canopy, subcanopy, and understory native plant
species identified as the physical or biological features in the wet
forest ecosystem. Although Section 20 is not known to be occupied by
Cyanea marksii and Schiedea diffusa ssp. macraei, this section contains
unoccupied habitat that is essential for the conservation of these
species because it (1) is habitat for these species, (2) provides at
least one of the physical or biological features essential for the
conservation of each of these species, and (3) contributes to the area
of habitat needed to reestablish wild populations within their range in
support of recovery criteria for each of these species. For recovery,
Cyanea marksii and Schiedea diffusa ssp. macraei each need at least 10
populations, each with at least 500 reproducing individuals (Service
2022a, pp. 43-44). Therefore, we are reasonably certain that this
section will contribute to the conservation of these species and that
this section contains one or more of the physical or biological
features that are essential to the conservation of these species. There
is no critical habitat for other endangered or threatened species
within this section and unit.

Effects of Critical Habitat Designation

Section 7 Consultation

Section 7(a)(2) of the Act requires Federal agencies, including the
Service, to ensure that any action they authorize, fund, or carry out
is not likely to jeopardize the continued existence of any endangered
species or threatened species or result in the destruction or adverse
modification of designated critical habitat of such species.
We published a final rule revising the definition of destruction or
adverse modification on August 27, 2019 (84 FR 44976). Destruction or
adverse modification means a direct or indirect alteration that
appreciably diminishes the value of critical habitat as a whole for the
conservation of a listed species.
Compliance with the requirements of section 7(a)(2) of the Act is
documented through our issuance of:
(1) A concurrence letter for Federal actions that may affect, but
are not likely to adversely affect, listed species or critical habitat;
or
(2) A biological opinion for Federal actions that may affect, and
are likely to adversely affect, listed species or critical habitat.
When we issue a biological opinion concluding that a project is
likely to jeopardize the continued existence of a listed species and/or
destroy or adversely modify critical habitat, we provide reasonable and
prudent alternatives to the project, if any are identifiable, that
would avoid the likelihood of jeopardy and/or destruction or adverse
modification of critical habitat. We define ``reasonable and prudent
alternatives'' (at 50 CFR 402.02) as alternative actions identified
during consultation that:
(1) Can be implemented in a manner consistent with the intended
purpose of the action,
(2) Can be implemented consistent with the scope of the Federal
agency's legal authority and jurisdiction,
(3) Are economically and technologically feasible, and
(4) Would, in the Service Director's opinion, avoid the likelihood
of jeopardizing the continued existence o

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.