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Daily Rules, Proposed Rules, and Notices of the Federal Government

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2010-0043: 4500030114]

RIN 1018-AV49

Endangered and Threatened Wildlife and Plants; Endangered Status for 23 Species on Oahu and Designation of Critical Habitat for 124 Species

AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), list 23 species on the island of Oahu in the Hawaiian Islands as endangered under the Endangered Species Act of 1973, as amended (Act). We also designate 42,804 acres (17,322 hectares) as critical habitat. This designation includes critical habitat for these 23 species, 2 plant species that are already listed as endangered, and revised critical habitat for 99 plant species that are already listed as endangered or threatened. In this final rule we are also recognizing taxonomic revision of the scientific names of nine plant species and revising the List of Endangered and Threatened Plants accordingly. This final rule will implement the Federal protections provided by the Act.
DATES: This rule becomes effective on October 18, 2012.
ADDRESSES: This final rule and final economic analysis are available on the Internet athttp://www.regulations.gov. Comments and materials received, as well as supporting documentation used in preparing this final rule, are available for public inspection, by appointment, during normal business hours, at the Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Box 50088, Honolulu, HI 96850; telephone 808-792-9400; facsimile 808-792-9581. The coordinates or plot points or both from which the critical habitat maps were generated are included in the administrative record for this critical habitat designation, and are available athttp://www.fws.gov/pacificislands, athttp://www.regulations.govat Docket No. FWS-R1-ES-2010-0043, and at the Pacific Islands Fish and Wildlife Office. Any additional tools or supporting information that we developed for this critical habitat designation are also available at the Fish and Wildlife Service Web site and Field Office set out above, and may also be included in the preamble or athttp://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Loyal Mehrhoff, Field Supervisor, Pacific Islands Fish and Wildlife Office (seeADDRESSESabove). If you use a telecommunications device for the deaf (TDD), you may call the Federal Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION: Executive Summary

Why we need to publish a rule.This is a final rule to list 23 species as endangered under the Act, including 20 native Hawaiian plant species and 3 Hawaiian damselflies. In addition, the rule designates critical habitat for these 23 species, critical habitat for 2 additional plant species that are already listed as endangered, and revised critical habitat for 99 plant species that are already listed as endangered or threatened. These species are on the island of Oahu, in the Hawaiian Islands. In this final rule, we also recognize taxonomic revision of the scientific names of nine plant species and revise the List of Endangered and Threatened Plants accordingly.

The basis for our action.Under the Endangered Species Act, we determine that a species is endangered or threatened based on any of five factors: (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; (C) disease or predation; (D) the inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affecting its continued existence. We have determined that the 23 Oahu species are currently in danger of extinction throughout all their ranges, as the result of the following current and ongoing threats:

• All of these species face threats from the present destruction and modification of their habitats, primarily from introduced ungulates, such as feral pigs and goats, and the spread of nonnative plants.

• Six of these species face threats from habitat destruction and modification from fire.

• Fourteen species face threats from destruction and modification of their habitats from hurricanes, landslides, rockfalls, and flooding.

• The projected effects of climate change will likely exacerbate the effects of the other threats to these species.

• There is a serious threat of widespread impacts of predation and herbivory on 19 of the 20 plant species by nonnative pigs, goats, rats, and invertebrates; and predation on the three damselflies by nonnative fish, bullfrogs, and ants.

• Some of the plant species face the additional threat of trampling.

• The inadequacy of existing regulatory mechanisms (specifically, inadequate protection of habitat and inadequate protection from the introduction of nonnative species) poses a current and ongoing threat to all 23 species.

• There are current and ongoing threats to nine plant species and the three damselflies due to factors associated with small numbers of populations and individuals.

• The three damselflies face further threats from the loss of native host plants, from habitat degradation and loss due to agriculture and urban development, from stream diversion and channelization, and by dewatering of aquifers.

• These threats are exacerbated by these species' inherent vulnerability to extinction from stochastic events at any time because of their endemism, small numbers of individuals and populations, and restricted habitats.

This rule designates critical habitat for 25 species and revises critical habitat for 99 species.Under section 4(b)(2) of the Act, we are required to designate critical habitat based on the best scientific data available and after taking into consideration the economic impact and other relevant impacts of an area being considered for designation. The Secretary (of the Interior) may exclude an area from critical habitat if the benefits of exclusion outweigh the benefits of designation, unless the exclusion will result in the extinction of the species.

• This rule designates a total of 42,804 acres (ac) (17,322 hectares (ha)) as critical habitat.

• We fully considered comments from the public and peer reviewers on the proposed rule and made additional field visits, in order to refine our designation and remove areas that are not essential to the conservation of the species. We found changes in land use had occurred in certain areas within the proposed critical habitat that preclude these areas from supporting the primary constituent elements, and that these areas do not meet the definition of critical habitat.

• A total of 307 ac (124 ha) have been removed in this final designation from the area originally proposed, as a result of refinement in unit areas made in response to public comments and additional field visits. These areas donot meet the definition of critical habitat.

• In addition, Department of Defense lands on Naval Station Pearl Harbor Lualualei Branch (NAVMAG PH Lualualei) and Naval Radar Transmittal Facility at Lualualei (NRTF Lualualei) (380 acres; 154 hectares) with a completed and effective integrated natural resource management plan (INRMP) have been exempted from this final designation under section 4(a)(3) of the Act.

• All lands being designated as critical habitat are either (1) currently considered to be occupied by one or more of the 124 species, and contain physical or biological features essential to the conservation of the species by supporting the life-history needs of the species and that may require special management, or (2) areas outside the geographical areas occupied by the species at the time of listing, which the Secretary has determined are essential for the conservation of the species.

Peer reviewers support our methods.We obtained opinions from knowledgeable individuals with scientific expertise to review our technical assumptions, analysis, and whether or not we had used the best available information. These peer reviewers generally concurred with our methods and conclusions and provided additional information, clarifications, and suggestions to improve this final rule.

Previous Federal Actions

Federal actions for these species prior to August 2, 2011, are outlined in our proposed rule (76 FR 46362), which was published on that date. Publication of the proposed rule opened a 60-day comment period, which closed on October 3, 2011. In addition, we published a public notice of the proposed rule on August 6, 2011, in the local Honolulu Star Advertiser newspaper. On April 12, 2012 (77 FR 21936) we made available the draft economic analysis (DEA) on proposed critical habitat designation, and opened a 30-day comment period on the DEA, as well as reopened the comment period on the entire August 2, 2011 proposed rule (76 FR 46362). This second comment period closed on May 14, 2012.

Background An Ecosystem-Based Approach To Listing 23 Species on Oahu

On the island of Oahu, as on most of the Hawaiian Islands, native species that occur in the same habitat types (ecosystems) depend on many of the same biological features and on the successful functioning of that ecosystem to survive. We have therefore organized the species addressed in this final rule by common ecosystems. Although the listing determination for each species is analyzed separately, we have organized the specific analysis for each species within the context of the broader ecosystem in which it occurs, to avoid redundancy. In addition, native species that share ecosystems often face a suite of common factors that may pose threats to them, and ameliorating or eliminating these threats requires similar management actions. Effective management of these threats often requires implementation of conservation actions at the ecosystem scale, to enhance or restore critical ecological processes and provide for long-term viability of those species in their native environment. Thus, by taking this approach, we hope not only to organize this rule efficiently, but also to more effectively focus conservation management efforts on the common threats that occur across these ecosystems, restore ecosystem functionality for the recovery of each species, and provide conservation benefits for associated native species, thereby potentially precluding the need to list other species under the Act (16 U.S.C. 1531et seq.) that occur in these shared ecosystems.

We are listingBidens amplectens, Cyanea calycina, Cyanea lanceolata, Cyanea purpurellifolia, Cyrtandra gracilis, Cyrtandra kaulantha, Cyrtandra sessilis, Cyrtandra waiolani, Doryopteris takeuchii, Korthalsella degeneri, Melicope christophersenii, Melicope hiiakae, Melicope makahae, Platydesma cornutavar.cornuta, Platydesma cornutavar.decurrens, Pleomele forbesii, Psychotria hexandra ssp. oahuensis, Pteralyxia macrocarpa, Tetraplasandra lydgatei,andZanthoxylum oahuense;and the blackline (Megalagrion nigrohamatum nigrolineatum), crimson (M. leptodemas), and oceanic (M. oceanicum) Hawaiian damselflies, endemic to the island of Oahu, as endangered species. These 23 species (20 plants and 3 damselflies) are found in 7 ecosystem types: coastal, lowland dry, lowland mesic, lowland wet, montane wet, dry cliff, and wet cliff (Table 1).

Table 1—The 23 Species and the Ecosystems Upon Which They Depend Ecosystem Species Coastal Plants:Bidens amplectens. Lowland Dry Plants:Bidens amplectens, Doryopteris takeuchii, Pleomele forbesii. Lowland Mesic Plants:Cyanea calycina, Cyanea lanceolata, Melicope makahae, Platydesma cornutavar.decurrens, Pleomele forbesii, Pteralyxia macrocarpa, Tetraplasandra lydgatei Animals: oceanic Hawaiian damselfly. Lowland Wet Plants:Cyanea calycina, Cyanea lanceolata, Cyanea purpurellifolia, Cyrtandra gracilis, Cyrtandra kaulantha, Cyrtandra sessilis, Cyrtandra waiolani, Melicope hiiakae, Platydesma cornutavar.cornuta, Psychotria hexandra ssp. oahuensis, Pteralyxia macrocarpa, Zanthoxylum oahuense Animals: blackline Hawaiian damselfly, crimson Hawaiian damselfly, oceanic Hawaiian damselfly. Montane Wet Plants:Cyanea calycina, Melicope christophersenii. Dry Cliff Plants:Korthalsella degeneri, Melicope makahae, Platydesma cornutavar.decurrens, Pleomele forbesii, Pteralyxia macrocarpa. Wet Cliff Plants:Cyanea calycina, Cyanea purpurellifolia, Cyrtandra kaulantha, Cyrtandra sessilis, Melicope christophersenii, Psychotria hexandrassp.oahuensis, Pterlyxia macrocarpa Animals: crimson Hawaiian damselfly, oceanic Hawaiian damselfly.

Most of these species are found in multiple ecosystems. For each species, we identified and evaluated those factors that pose threats to the species and that may be common to all of the species at the ecosystem level (see discussion below in Summary of Factors Affecting the 23 Species). For example, climate change is considered a threat to each species within each ecosystem. As a result, this threat factor is considered to be a multiple ecosystem threat, aseach individual species within each ecosystem faces a threat that is essentially identical in terms of the nature of the impact, its severity, its imminence, and its scope. We further identified and evaluated any threat factors that may be unique to certain species, that is, threat factors that do not apply to all species under consideration within the same ecosystem. For example, the threat of predation by nonnative fish is unique to the three damselflies in this rule; it is not applicable to any of the other species being listed. We have identified such threat factors, which apply only to certain species within the ecosystems addressed here, as species-specific threats.

An Ecosystem-Based Approach to Determining Physical or Biological Features of Critical Habitat

Under the Act, we are required to designate critical habitat to the maximum extent prudent and determinable concurrently with the publication of a final determination that a species is endangered or threatened. In this rule, we are designating critical habitat for the 23 Oahu species which we have found to meet the definition of an endangered species. We are also designating critical habitat for two Oahu plants that are already listed as endangered species but for which critical habitat has not been previously designated. In addition, we are revising critical habitat for 99 Oahu plants already listed as endangered or threatened species. When critical habitat was designated for these 99 Oahu plant species in 2003 (68 FR 35950; June 17, 2003), it was based primarily on the specific localities where the species were known to occur. We are revising critical habitat for these species because since then, we have learned that many native Hawaiian plants and animals can thrive when reintroduced into historical habitats when threats are effectively managed. For this reason, we believe it is important to designate unoccupied habitat where it is essential for the recovery of the species. Based on new information on plant occurrences and a better understanding of the species' biological requirements, the physical or biological features have been more precisely identified, and now include elevation, precipitation, substrate, canopy, subcanopy, and understory characteristics. We believe the added precision will be helpful in identifying the special management considerations or protections needed in specific occupied areas to recover the species. In addition, because the 2003 designation focused on discrete areas occupied by the species at the time of listing, the result was an overlapping and confusing patchwork of critical habitat areas for the 99 plant species that was difficult for the public to interpret. Although this revision of critical habitat is solely based on our determination of the lands that meet the statutory definition of critical habitat (16 U.S.C. 1532(5) and other applicable provisions (e.g., 16 U.S.C. 1533(4)(b)(2)), we believe the end result will provide for greater public understanding of the conservation and recovery needs of each of the species in the specific areas addressed in this rule.

In this rule, we are designating critical habitat for 124 species in 62 multiple-species critical habitat units. 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 physical or biological features of the commonly shared ecosystem. Each critical habitat unit identified in this rule contains the physical or biological features essential to the conservation of those individual species that occupy that particular unit, or contains areas essential to the conservation of those individual species that do not presently occupy that particular unit, but depend on that ecosystem type for recovery purposes. Where the unit is not known to be occupied by a particular species, we believe it is still essential for the conservation of that species. The designation of unoccupied habitat allows for the expansion of its range and reintroduction of individuals into areas where it occurred historically, and provides areas for recovery in the case of a stochastic event at one or more locations where the species occurs.

Each of the designated areas represents critical habitat for multiple species, based upon their shared habitat requirements, and takes into account any species-specific conservation needs as appropriate (see discussion below in Methods). For example, the presence of a perennial stream is essential for the conservation of the blackline Hawaiian damselfly, but is not a requirement shared by all species within the same ecosystem; however, a functioning ecosystem is also essential to the damselfly because the ecosystem provides other physical or biological features that support the damselfly's specific life-history requirements.

The Island of Oahu

The island of Oahu is the third oldest and third largest of the eight main Hawaiian Islands, located southeast of Kauai and northwest of Molokai and Lanai (Footeet al.1972, p. 19; Department of Geography, University of Hawaii at Hilo (UHH) 1998, pp. 7-10). It was formed from two shield volcanoes, the Koolau Volcano and the Waianae Volcano, that ceased erupting about 1 to 2 million years ago, and is about 600 square (sq) miles (mi) (1,557 sq kilometers (km)) in area (Macdonald and Abbot 1970, p. 265; Footeet al.1972, p. 19; Department of Geography, UHH 1998, pp. 7-10; Rowland and Garcia 2004, p. 1). Two mountain ranges resulted from these eruptions, the western Waianae range and eastern Koolau range. Oahu is characterized by the fact that the two mountain ranges are aligned perpendicular to the prevailing trade winds, so that distinctive leeward and windward climates result, with the Waianae range in the rain shadow of the Koolau range (Department of Geography, UHH 1998, pp. 7-10; Wagneret al.[adapted from Price (1983) and Carlquist (1980) 1999, p. 39). The maximum elevation on Oahu is 4,025 feet (ft) (1,225 meters (m)) at the summit of Mount Kaala in the Waianae Mountains, and this higher elevation area is not affected by the Koolau rain shadow (Blumenstock and Price 1972, p. 156; Wagneret al.[adapted from Price (1983) and Carlquist (1980) 1999, pp. 39-41). The maximum elevation is relatively low compared to the higher Hawaiian Islands. Consequently, Oahu does not have dry alpine areas, as the mountains do not reach the height of the temperature inversion layer (Wagneret al.[adapted from Price (1983) and Carlquist (1980)] 1999, pp. 38, 40). Rainfall ranges from less than 20 inches (in) (50 centimeters (cm)) to more than 250 in (635 cm) per year (Department of Geography, UHH 1998, p. 7). Temperatures in the Hawaiian Islands differ by an average of 41 degrees Fahrenheit (°F) (22 degrees Celsius (°C)) throughout the year. Since temperature decreases with increasing elevation, microclimates range from tropical to sub-arctic across the island chain (Wagneret al.[adapted from Price (1983) and Carlquist (1980)] 1999, pp. 37-38), although the sub-arctic zone does not occur on Oahu.

The current soil classification system for the Hawaiian Islands distinguishes soil types based on their measurable physical and chemical properties, and environmental factors that influenced their formation. Widely ranging geological ages of rocks, different rates of weathering, and microclimates create these highly variable soils (Sherman 1972, pp. 205-207). Most soils are volcanic in origin; a few formed from organic material and sand (Footeet al. 1972, p. 1). On Oahu, sizable areas of highly weathered, red-colored oxisols (nutrient-poor soils, red or yellowish) occur on the Schofield Plateau; in contrast, the Koolau and Waianae mountain ranges have large areas of rocky, unweathered entisols (soils with few or no horizontal layers) due to erosion (Gavendaet al.1998, p. 92).

Because of its age and relative isolation, species diversity and endemism are high in the Hawaiian archipelago (Gagne and Cuddihy 1999, p. 45). However, the flora and fauna of Oahu have undergone extreme alterations because of past and present land use and other activities. Land with rich soils was altered by the early Hawaiians and, more recently, converted to agricultural use (Gagne and Cuddihy 1999, p. 45) or pasture. Intentional and inadvertent introduction of alien plant and animal species has contributed to the reduction in range of native species on the island (throughout this rule, the terms “alien,” “feral,” “nonnative,” and “introduced” all refer to species that are not naturally native to the Hawaiian Islands). Most of the taxa included in this rule persist on steep slopes, precipitous cliffs, valley headwalls, and other regions where unsuitable topography has prevented urbanization and agricultural development, or where inaccessibility has limited encroachment by nonnative plant and animal species.

Oahu Ecosystems

The seven Oahu ecosystems that support the species addressed in this rule are described in the following sections.

Coastal

The coastal ecosystem is found on all of the main Hawaiian Islands, with the highest species diversity in the least populated coastal areas of Hawaii, Maui, Molokai, Kahoolawe, Oahu, and Kauai, and their associated islets. On Oahu, the coastal ecosystem includes mixed herblands, shrublands, and grasslands, from sea level to 980 ft (300 m) in elevation, generally within a narrow zone above the influence of waves to within 330 ft (100 m) inland, sometimes extending further inland if strong prevailing onshore winds drive sea spray and sand dunes into the lowland zone (The Nature Conservancy (TNC) 2006a). The coastal vegetation zone is typically dry, with annual rainfall of less than 20 in (50 cm), however windward rainfall may be high enough (up to 40 in (100 cm)) to support mesic-associated and sometimes wet-associated vegetation (Gagne and Cuddihy 1999, pp. 54-66). Biological diversity is low to moderate in this ecosystem, but may include some specialized plants and animals such as nesting seabirds and the rare native plantSesbania tomentosa(ohai) (TNC 2006a). The plantBidens amplectens,which is listed as endangered in this final rule, is reported from this ecosystem on Oahu (Hawaii Biodiversity and Mapping Program (HBMP) 2008; TNC 2007).

Lowland Dry

The lowland dry ecosystem includes shrublands and forests generally below 3,300 ft (1,000 m) elevation that receive less than 50 in (130 cm) annual rainfall, or are in otherwise prevailingly dry substrate conditions. Areas consisting of predominantly native species in the lowland dry ecosystem are now rare; however, this ecosystem is found on the islands of Hawaii, Molokai, Lanai, Kahoolawe, Oahu, and Kauai, and is best represented on the leeward sides of the islands (Gagne and Cuddihy 1999, p. 67). On Oahu, this ecosystem is typically found on the leeward side of the Waianae Mountains, and the leeward southern coast, including Diamond Head Crater (Gagne and Cuddihy 1999, p. 67; TNC 2006b). Biological diversity is low to moderate in this ecosystem, and includes specialized animals and plants such as the Hawaiian owl or pueo (Asio flammeus sandwichensis) andSantalum ellipticum(iliahialoe) (Wagneret al.1999, pp. 1,220-1,221; TNC 2006b). The plantsBidens amplectens, Doryopteris takeuchii,andPleomele forbesii,which are listed as endangered in this final rule, are reported from this ecosystem on Oahu (HBMP 2008; TNC 2007).

Lowland Mesic

The lowland mesic ecosystem includes a variety of grasslands, shrublands, and forests, generally below 3,300 ft (1,000 m) elevation, that receive between 50 and 75 in (130 and 190 cm) annual rainfall, or are in otherwise mesic substrate conditions (TNC 2006c). In the Hawaiian Islands, this ecosystem is found on Hawaii, Maui, Molokai, Lanai, and Kauai, on both windward and leeward sides of the islands. On Oahu, this ecosystem is typically found on the leeward slopes of both the Waianae and Koolau Mountains (Gagne and Cuddihy 1999, p. 75; TNC 2006c). Biological diversity is high in this system (TNC 2006c). The plantsCyanea calycina, C. lanceolata, Melicope makahae, Platydesma cornutavar.decurrens, Pleomele forbesii, Pteralyxia macrocarpa,andTetraplasandra lydgatei,and the oceanic Hawaiian damselfly, which are listed as endangered in this final rule, are reported from this ecosystem (HBMP 2008; TNC 2007).

Lowland Wet

The lowland wet ecosystem is generally found below 3,300 ft (1,000 m) elevation on the windward sides of the main Hawaiian Islands, except Kahoolawe and Niihau (Gagne and Cuddihy 1999, p. 85; TNC 2006d). These areas include a variety of wet grasslands, shrublands, and forests that receive greater than 75 in (190 cm) annual precipitation, or are in otherwise wet substrate conditions (TNC 2006d). On Oahu, this system is best developed in wet valleys and slopes along the summit of the Koolau Mountains, with a small area located on the windward side of the summit of the Waianae Mountains (TNC 2006d). Biological diversity is high in this system (TNC 2006d). The plantsCyanea calycina, C. lanceolata, C. purpurellifolia, Cyrtandra gracilis, C. kaulantha, C. sessilis, C. waiolani, Melicope hiiakae, Platydesma cornutavar.cornuta, Psychotria hexandrassp.oahuensis, Pteralyxia macrocarpa,andZanthoxylum oahuense,and the blackline, crimson, and oceanic Hawaiian damselflies, which are listed as endangered in this final rule, are reported from this ecosystem (HBMP 2008; TNC 2007).

Montane Wet

The montane wet ecosystem is composed of natural communities (grasslands, shrublands, forests, and bogs) found at elevations between 3,300 and 6,600 ft (1,000 and 2,000 m), in areas where annual precipitation is greater than 75 in (190 cm) (TNC 2006e). This system is found on all of the main Hawaiian Islands except Niihau and Kahoolawe (only the islands of Molokai, Maui, and Hawaii have areas above 4,020 ft (1,225 m) (TNC 2006e). On Oahu, this ecosystem is found only at the summit of the Waianae Mountains (TNC 2007). Biological diversity is moderate to high (TNC 2006e). Due to the restricted distribution of this ecosystem on Oahu, only the plantsCyanea calycinaandMelicope christophersenii,which are listed as endangered in this final rule, are reported from this ecosystem (HBMP 2008; TNC 2007).

Dry Cliff

The dry cliff ecosystem is composed of vegetation communities occupying steep slopes (greater than 65 degrees) in areas that receive less than 75 in (190 cm) of rainfall annually, or are in otherwise dry substrate conditions (TNC 2006f). This ecosystem is found on allof the main Hawaiian Islands except Niihau, and on the island of Oahu is best represented along the leeward slopes of the Waianae Mountains (TNC 2006f). A variety of shrublands occur within this ecosystem (TNC 2006f). Biological diversity is low to moderate (TNC 2006f). The plantsKorthalsella degeneri, Melicope makahae, Platydesma cornutavar.decurrens, Pleomele forbesii,andPteralyxia macrocarpa,which are listed as endangered in this final rule, are reported from this ecosystem (HBMP 2008; TNC 2007).

Wet Cliff

The wet cliff ecosystem is generally composed of shrublands on near-vertical slopes (greater than 65 degrees) in areas that receive more than 75 in (190 cm) of annual precipitation, or in otherwise wet substrate conditions (TNC 2006g). This system is found on the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai. On Oahu, this ecosystem is typically found along the entire length of the summit of the Koolau Mountains and at the summit of Mt. Kaala in the Waianae Mountains (TNC 2006g). Biological diversity is low to moderate (TNC 2006g). The plantsCyanea calycina, C. purpurellifolia, Cyrtandra kaulantha, C. sessilis, Melicope christophersenii, Psychotria hexandrassp.oahuensis, Pteralyxia macrocarpa,and the crimson and oceanic Hawaiian damselflies, which are listed as endangered in this final rule, are reported from this ecosystem (HBMP 2008; TNC 2007).

Description of the 23 Species

Below is a brief description of each of the 23 species, presented in alphabetical order by genus. Plants are presented first, followed by animals.

Plants

Bidens amplectens(kookoolau), a perennial or sometimes annual herb in the sunflower family (Asteraceae), is restricted to windward cliffs and crests along the northern portion of the Waianae Mountains on the island of Oahu, in the coastal and lowland dry ecosystems, at elevations between 300 and 1,400 ft (90 and 430 m) (Ganders and Nagata 1999, p. 271; TNC 2007; HBMP 2008). This species intergrades withB. tortaand forms hybrid swarms from near Kaena Point along the Waianae summit ridges to the head of Makua Valley (a hybrid swarm occurs where there is no reproductive barrier between distinct populations, or where a barrier has broken down). PureB. amplectensis restricted to the windward cliffs and crests of the Waianae range (Ganders and Nagata 1999, p. 271).Bidens amplectenswas historically known from five locations spanning 7 mi (11 km) in the northern Waianae Mountains including Makaleha Valley, Uluhulu Gulch, Puu Pueo to Alau Gulch, Manini Gulch to Alau Gulch, and Nihoa Gulch (HBMP 2008). At last observation, there were fewer than 1,000 individuals in four locations separated by less than 4 mi (6 km): Kealia Trail on the east side of Haili Gulch; Kapuna-Kamimi Ridge on the road to the Pahole Natural Area Reserve (NAR); Kealia east of Kawaiu Gulch; and from Kuaokala to Keawaula Ridge (Lau 2001, in litt.; HBMP 2008).

Cyanea calycina(haha), an unbranched shrub in the bellflower family (Campanulaceae), is found in both the Waianae and Koolau Mountains of Oahu in the lowland mesic, lowland wet, montane wet, and wet cliff ecosystems (Lammers 1999, p. 483; Wagner and Herbst 2003, p. 17; TNC 2007; HBMP 2008). In the Waianae Mountains,C. calycinaoccurs inAcacia-Metrosideros-Dicranopteris(koa-ohia-uluhe) forests at elevations between 1,800 and 3,920 ft (550 and 1,195 m), and in the Koolau Mountains this species occurs in wetMetrosideros-Dicranopterisforest and shrubland at elevations between 1,830 and 3,000 ft (558 and 900 m) (HBMP 2008). Currently,C. calycinais found from Pahole in the northern portion of the Waianae Mountains south along the summit to Palawai, in 18 occurrences totaling at least 170 individuals (U.S. Army 2006; HBMP 2008). In the Koolau Mountains,C. calycinawas known historically from nine locations along the entire length of the range (HBMP 2008). Currently, 22 occurrences totaling between 155 and 169 individuals are known, from the most northern point at Kamananui Gulch along the summit ridges south to Konahuanui (U.S. Army 2006; HBMP 2008). The combined 40 occurrences total 325 to 339 individuals.

Cyanea lanceolata(haha) is an unbranched shrub in the bellflower family (Campanulaceae) that occurs in the southeastern Koolau Mountains in the lowland mesic and lowland wet ecosystems, at elevations between 1,000 and 2,500 ft (305 and 760 m) (Wagneret al.1999, p. 483; Wagner and Herbst 2003, p. 17; TNC 2007; HBMP 2008). Historically, this species was wide-ranging along the Koolau Mountains, from the northern Schofield-Waikane area to Wailupe at the southern end of the range, in at least 17 occurrences (HBMP 2008). Currently, there are 4 known occurrences, totaling fewer than 60 individuals, sparsely scattered over a much smaller area of the southern Koolau range. These occurrences include Kului-Hawaii Loa, Wailupe, Mauumae, and Waialae Nui, with an unconfirmed report of individuals in Pia Valley (HBMP 2008; Lau 2008, in litt.).

Cyanea purpurellifolia(haha) is an unbranched shrub in the bellflower family (Campanulaceae) that occurs in the Koolau Mountains in the lowland wet and wet cliff ecosystems, at elevations between 1,860 and 2,160 ft (570 and 660 m) (TNC 2007; HBMP 2008). Historically, this species was known from a few individuals in the vicinity of Kaluanui Valley and north to Maakua-Papali Ridge (Lammers 1999, p. 484; Wagner and Herbst 2003, p. 17; HBMP 2008). Currently,C. purpurellifoliaoccurs in the northern Koolau Mountains from Maakua-Kaipapau to Punaluu-Kaluanui Ridge, in 5 occurrences totaling approximately 20 individuals (Plant Extinction Prevention (PEP) Program 2008, pp. 20-21; HBMP 2008).

Cyrtandra gracilis(haiwale) (Gesneriaceae, African violet family) is a perennial shrub that is found inMetrosideros polymorpha-Dicranopteris linearisforest in the lowland wet ecosystem at 1,600 ft (488 m) in elevation, on the leeward side of the southern Koolau Mountains (Wagneret al.1999, p. 755; National Tropical Botanical Garden (NTBG) Provenance Report 2004; TNC 2007; HBMP 2008; PEP Program 2008, p. 16). Presumed extinct since the 1800s, 10 individuals ofC. graciliswere discovered by botanists in Pia Valley in 2001 (NTBG Provenance Report 2002). Between 2001 and 2008, only six to eight plants were observed at this location (NTBG Provenance Report 2002; PEP Program 2008, p. 16; Bakutis 2008, in litt.). It is apparently extirpated from historical locations in Palolo Valley, Konahuanui Gulch, and Manoa Valley (Wagneret al.1999, p. 755; HBMP 2008).

Cyrtandra kaulantha(haiwale) is a perennial shrub in the African violet family (Gesneriaceae) found in dense shade in moist wooded gulches at elevations between 840 and 1,050 ft (255 and 320 m), in the lowland wet and wet cliff ecosystems in the Koolau Mountains (Wagneret al.1999, p. 763; TNC 2007; HBMP 2008).Cyrtandra kaulanthawas historically known from the Waiahole Ditch Trail and Kahanaiki Stream areas. It was considered “locally common” and a collection was taken from a “large colony” in 1985 (Takeuchi 1985, in litt.; Wagneret al.1999, p. 763; Lau 2006a, in litt.). Prior to October 2005, there were 34 wild individuals in 3 occurrences (15, 8, and 11 individuals, respectively) in the subgulches ofWaianu Valley (Bakutis 2005a, in litt.). In 2005, the third occurrence was discovered crushed by a tree, leaving six living individuals (Bakutis 2005a, in litt.). In March 2006, it was reported that only one individual remained at the second occurrence, and that some individuals in the other two occurrences had fruit (Bakutis 2006a, in litt.). In addition, 4 more individuals were discovered at the site of the first occurrence, bringing the total number of wild individuals to 26 (Bakutis 2006b, in litt.). In May 2006, another tree fall crushed 4 individuals in the third occurrence, leaving 2 remaining; however, a fourth occurrence of 4 individuals was discovered in another subgulch, and 1 new individual was found in the first occurrence, bringing the total number of wild individuals to 27 (Bakutis 2006a, in litt.; Bakutis 2006b, in litt.). All occurrences were visited again in April 2007, with a total of 28 wild individuals observed (PEP Program 2007, p. 17). Outplanting has been conducted in the four subgulches of Waianu Valley, but in areas some distance from the known occurrences. A total of 28 individuals were outplanted between 2005 and 2007. However, due to predation by nonnative slugs, only 12 outplanted individuals remained in 2007 (PEP Program 2007, p. 17).Cyrtandra kaulanthais therefore currently found in 5 occurrences totaling 28 wild and 12 outplanted individuals.

Cyrtandra sessilis(haiwale) (Gesneriaceae, African violet family) is a small shrub that was historically known only from a few collections in wet gulch bottoms and slopes of mesic valleys in the windward Koolau Mountains (Wagneret al.1999, p. 778). Typical habitat is wetMetrosiderosforests at elevations between 1,600 and 2,200 ft (490 and 670 m) in the lowland wet and wet cliff ecosystems (TNC 2007; HBMP 2008; Bakutis 2008, in litt.). In 1993, there were about 200 individuals in the only known occurrence near the summit of the Schofield-Waikane Trail (HBMP 2008). In 2003, there were an estimated 50 individuals in 2 occurrences (Perlman 2003, in litt.).Cyrtandra sessilisis currently known from 4 occurrences totaling approximately 83 individuals: 75 individuals along the Waikane-Schofield Trail in Kahana Valley, 1 individual at Lulumahu Gulch, 2 individuals in Wailupe, and 5 individuals at Hawaii Loa Ridge near Pia Valley (Perlman 2003, in litt.; Bakutis 2006c, in litt.; HBMP 2008; Bakutis 2008, in litt.).

Cyrtandra waiolani(haiwale), a small shrub in the African violet family (Gesneriaceae), is found in rich, partly sunny gulches; shady, moist banks above creeks; and wet gulch bottoms in the lowland wet ecosystem (Wagneret al.1999, p. 781; HBMP 2008; Lau 2011, in litt.).Cyrtandra waiolaniwas historically known from at least seven locations: five in the southern Koolau Mountains and two in the northern Koolau Mountains, at elevations between 800 and 3,000 ft (240 and 900 m) (HBMP 2008). Plants have not been observed in these areas since then. Individuals likely representingC. waiolani,based on vegetative characteristics, were seen in 1994, along the ridge between Kaipapau and Maakua (Lau 2011, in litt.). In 2005, it was thought there was a small chance that individuals found on the Kualono Ridge near Kaaawa could beC. waiolani,and cuttings were taken for propagation and positive identification when flowering and fruiting occurred (Hawaii Department of Land and Natural Resources (HDLNR) 2005a; U.S. Army 2006; Bakutis 2008, in litt.; Ching 2009, in litt.; Lau 2009, in litt.); however, these plants were found not to beC. waiolani(Lau 2011, in litt.). Many areas within the lowland wet ecosystem in the Koolau Mountains have not been surveyed for this species. The Koolau mountain range is over 35 mi (58 km) in length. Historical surveys that we have records of from the 1800s did not cover the entire mountain range, but collections were made at seven widely distributed locations along the 35-mi (58-km) range. In the 1800s, forests in the Koolau Mountains were more intact at the summits; therefore, we believe that if seven collections were made, there were possibly many more individuals in the wild. The plants were only known from a ridge between Kaipapau and Maakau in 1994, and from Kahana in 2005, but those plants are no longer present, which represents a population decline from seven (and possibly more than seven historically) to zero. Botanists suggest that the species is likely still extant in these areas and may be found with more intensive surveying (Bakutis 2008, in litt; Lau 2009 and 2011, in litt.).

Doryopteris takeuchii(no common name (NCN)) is a fern in the Pteridaceae family (Palmer 2003, p. 133). It occurs in dry shrubland on the slopes of Diamond Head Crater, a volcanic tuff cone on the southern coast of Oahu, at elevations between 140 and 300 ft (43 and 91 m) (NTBG 2007a, p. 1). This area consists of pockets of native and nonnative species in the lowland dry ecosystem (TNC 2007). Little is known of the historical distribution ofD. takeuchii.Currently, there are 50 to 100 plants along the main trail to the summit, with individuals on the Kuilei cliffs and the southwest-facing gulches above Munro Trail on the outer slopes of the crater, totaling 160 to 200 individuals on Diamond Head (NTBG 2007, p. 1; Lau 2011, in litt.).

Korthalsella degeneri(hulumoa), a subshrub (a perennial with stems that are woody at the base) in the mistletoe family (Viscaceae), is parasitic on the native treesSapindus oahuensis(kaulu) andNestegis sandwicensis(olopua) (Wagneret al.1999, p. 1,339). This species occurs in diverse forest in the dry cliff ecosystem at elevations between 1,100 and 1,500 ft (335 and 460 m) in the Waianae Mountains (U.S. Army 2006; TNC 2007; HBMP 2008). In 1938,K. degeneriwas recorded from Makua Valley, but little else is known of its historical range (HBMP 2008). Currently,K. degeneriis known from Makaha Valley. In addition, individuals of this species may also occur in Makua Valley and at Kahanahaiki. Confirmation of the identification of these individuals is difficult because another related species,Korthalsella platycaula,is also found in Makua Valley (Lau 2001b and 2011, in litt.; U.S. Army 2006).

Melicope christophersenii(alani), a shrub or tree in the rue family (Rutaceae), occurs in wet forest and shrubland in the montane wet and wet cliff ecosystems at elevations between 2,400 and 4,000 ft (730 and 1,200 m) in the Waianae Mountains (Stoneet al.1999, pp. 1,184-1,185; U.S. Army 2006; TNC 2007; HBMP 2008). Historically,M. christopherseniiwas known from a few scattered locations in the Mt. Kaala area of the Waianae Mountains, and as far south as Puu Kaua (HBMP 2008). Currently, there are 3 occurrences totaling approximately 250 individuals in the Waianae summit area, with the southernmost occurrence at Puu Hapapa (U.S. Army 2006; HBMP 2008).

Melicope hiiakae(alani) is a small tree in the rue family (Rutaceae) that occurs in wet forest in the lowland wet ecosystem in the Koolau Mountains, between elevations of 1,300 and 2,260 ft (400 and 700 m) (U.S. Army 2006; NTBG 2007, p. 3; TNC 2007; HBMP 2008). Historically,M. hiiakaewas found along the entire length of the Koolau range (HBMP 2008). Currently, there are 10 scattered occurrences totaling fewer than 60 individuals from Kawailoa to Waimalu (NTBG 2007, p. 3; HBMP 2008; Lau 2011, in litt.).

Melicope makahae(alani), a shrubby tree in the rue family (Rutaceae), occurs in mesic forest and shrubland in the lowland mesic and dry cliff ecosystemsin the Waianae Mountains, at elevations between 2,200 and 2,900 ft (670 and 890 m) (Stoneet al.1999, p. 1,194; U.S. Army 2006; TNC 2007; HBMP 2008; Lau 2011, in litt.). Historically,M. makahaewas found in the Waianae Mountains on the west side of Mt. Kaala in Makaha Valley (Stone 1963, p. 410; TNC 2007). Currently, there are 4 occurrences totaling fewer than 200 individuals north and west of the summit area of the Waianae Mountains (HBMP 2008).

Platydesma cornutavar.cornuta(NCN) is a palmoid (leaves dividing or radiating from one point) shrub in the rue family (Rutaceae) (Stoneet al.1999, pp. 1,209-1,210). It occurs in wet forest, shrubland, and gulches in the lowland wet ecosystem of the Koolau Mountains, at elevations between 1,900 and 2,500 ft (580 and 760 m) (U.S. Army 2006; TNC 2007; HBMP 2008). Historically, this species was found along the entire length of the Koolau range, and at elevations below 800 ft, from Pupukea to Wailupe Valley (HBMP 2008). Currently, 9 occurrences (totaling 32 individuals) are restricted to the summit area of the northern Koolau Mountains, with only 1 occurrence (16 individuals) near the summit of the southern Koolau Mountains (HBMP 2008).

Platydesma cornutavar.decurrens(NCN), a palmoid shrub in the rue family (Rutaceae), occurs in the lowland mesic and dry cliff ecosystems of the Waianae Mountains, at elevations between 1,990 and 3,000 ft (600 and 900 m) (Stoneet al.1999, pp. 1,209-1,210; U.S. Army 2006; TNC 2007; HBMP 2008). Historically, this species was wide-ranging in the Waianae Mountains, from the Mokuleia Forest Reserve south to Kaluaa (TNC 2007; HBMP 2008). Currently,P. cornutavar.decurrensis found in 15 occurrences scattered from Pahole to Palawai Gulch, totaling 259 to 309 individuals (U.S. Army 2006; HBMP 2008).

Pleomele forbesii(hala pepe) is a tree in the asparagus (Asparagaceae) family (Smithsonian Department of Botany 2008). It occurs in mesic and dry forest and shrubland in the lowland dry, lowland mesic, and dry cliff ecosystems in the Waianae and Koolau Mountains, at elevations between 800 and 2,900 ft (240 and 900 m) (Wagneret al.1999, p. 1,352; TNC 2007; HBMP 2008). Historically,P. forbesiiwas found in at least 11 locations, totaling an unknown number of individuals, in the Waianae Mountains (HBMP 2008). Currently, there are approximately 19 occurrences totaling 290 to 307 individuals, from Keawaula, Kaluakauila, Kuaokala, Kahanahaiki, the east and south rim of Makua Valley, the rim of Waianae Kai Valley, Keaau, Makaha, Kamaileunu, Kolekole Pass, Puu Hapapa, Puukaua, Ekahanui, Halona, Palawai, and Nanakuli, in the Waianae Mountains, and one occurrence of a few individuals in the Koolau Mountains (Lau 2011, in litt.; HBMP 2008).

Psychotria hexandrassp.oahuensis(kopiko), a tree in the coffee family (Rubiaceae), occurs in wet forest and shrubland in the lowland wet and wet cliff ecosystems of the Koolau Mountains, at elevations between 1,080 and 2,000 ft (330 and 600 m) (Wagneret al.1999, p. 1,166; TNC 2007; HBMP 2008). Two varieties of this subspecies, var.hosakanaand var.oahuensis,were historically known only from the northern Koolau Mountains, while var.rockiiwas known only from the southern Koolau Mountains (Lau 2011, in litt.). This species is currently known from three occurrences: one occurrence of 8 to 9 individuals in Maakua Gulch; one individual at Opaeula Gulch; and an estimated fewer than 10 individuals scattered between Kaipapau and Kaluanui, just south of Maakua Gulch (Bakutis 2005, in litt.; U.S. Army 2006; PEP Program 2007, p. 25; HBMP 2008). A single individual was outplanted within a fenced area in Makaua Valley (February 2007) and has been observed to be healthy in subsequent monitoring visits (PEP Program 2007, p. 25).

Pteralyxia macrocarpa(kaulu) is a tree in the dogbane family (Apocynaceae). It occurs in the Waianae and Koolau Mountains, in the lowland mesic, lowland wet, dry cliff, and wet cliff ecosystems, at elevations between 1,100 and 2,800 ft (340 and 850 m) (Wagneret al.1999, p. 220; U.S. Army 2006; TNC 2007; HBMP 2008). Historically, this species was found along the entire length of the Koolau range and on the summit ridges of the Waianae Mountains (HBMP 2008). Currently,P. macrocarpais found from Kapuhi Gulch to North Palawai Gulch in the Waianae Mountains, in approximately 31 occurrences totaling between 233 and 289 individuals. In the Koolau Mountains, 7 occurrences totaling 47 individuals occur in the most northern portion of this range, while only 11 individuals in 2 occurrences are found in the southernmost portion of the range (U.S. Army 2006; HBMP 2008).

Tetraplasandra lydgatei(NCN), a tree in the ginseng family (Araliaceae), is found in mesic forest in the lowland mesic ecosystem at elevations between 800 and 1,600 ft (240 and 490 m) in the Koolau Mountains (Motley 2005, p. 107; TNC 2007). In 2005, Motley formally recognizedT. lydgateias distinct fromT. oahuensis(Motley 2005; p. 105), and all known populations were surveyed at that time (PEP Program 2007, pp. 27-28). Formerly found from Niu Valley to the Halawa Ridge Trail, its distribution is now limited to two wild occurrences: one on the eastern slope of Hawaii Loa Ridge and another on Kulepeamoa Ridge. These occurrences total 8 individuals (HBMP 2008).

Zanthoxylum oahuense(ae), a small tree in the rue family (Rutaceae), occurs in wet forest in the lowland wet ecosystem at elevations between 2,060 and 2,720 ft (630 and 830 m) (Wagneret al.1999, p. 1,216; TNC 2007; HBMP 2008). This species was historically known from 17 locations scattered along the entire length of the Koolau Mountains (HBMP 2008). Currently,Z. oahuenseis found in the Koolau Mountains from Halawa-Kalauao ridge to ridges in Moanalua-Kamananui-Manaiki, and further east at Hawaiiloa Ridge, in 5 occurrences totaling 21 to 25 individuals (U.S Army 2006; HBMP 2008; Lau 2011, in litt.).

Animals

The crimson Hawaiian damselfly (Megalagrion leptodemas) is a medium-sized, slender and delicate species, with adults measuring from 1.4 to 1.6 in (36 to 41 mm) in length and having a wingspan of 1.5 to 1.6 in (39 to 42 mm). The species exhibits minimal striping and patterns. Males are primarily red and black in color, with females appearing somewhat paler and with green coloration present on the abdomen laterally (Polhemus and Asquith 1996, p. 65).

The crimson Hawaiian damselfly breeds in the slow reaches of streams and seep-fed pools (Williams 1936, p. 306; Zimmerman 1948a, p. 369; Polhemus 1994a, p. 7; Polhemus 1994b, p. 37). Crimson Hawaiian damselfly naiads, the aquatic life-history stage, frequent open water, resting horizontally, or on submerged vegetation (Williams 1936, p. 309). Adults perch on streamside vegetation and patrol along the stream corridor, staying close to breeding pools (Polhemus and Asquith 1996, p. 65).

Between 1991 and 2003, over 150 sites were surveyed on the island of Oahu for native damselflies, and results indicate that one lowland species, the Pacific Hawaiian damselfly, has been extirpated from Oahu, and the orangeblack Hawaiian damselfly has been reduced to a single remnant population (Polhemus 2007, pp. 233-235). The crimson Hawaiian damselfly was known historically from approximately eight areas where it is now extirpated, including the windward side of the Waianae Mountains and scattered locations in the KoolauMountains (Polhemus 1994a, p. 7; Polhemus 1994b, pp. 37-38; Englund 1999, pp. 228-229, 231; Polhemus 2007, pp. 234, 238). In 2003, this species was not found during surveys of Kahana Stream and may be extirpated from this stream system (Englundet al.2003, p. 6). Currently, only three occurrences of the crimson Hawaiian damselfly are known, all from the Koolau Mountains in the lowland wet and wet cliff ecosystems at Moanalua, north Halawa, and Maakua (TNC 2007; Polhemus 2008a, in litt.; HBMP 2008; Preston 2011, in litt.). This species was last observed in the lowland wet ecosystem at Waiawa in the late 1990s (Englund 1999, p. 229). All colonies of this damselfly are constrained to portions of streams not occupied by nonnative predatory fish—that is, stream portions above geologic or manmade barriers (e.g., waterfalls, steep gradients, dry stream midreaches, or constructed diversions). No estimates of population size for the crimson Hawaiian damselfly are available.

The blackline Hawaiian damselfly (Megalagrion nigrohamatum nigrolineatum) is a moderately-sized and delicate subspecies (Polhemus and Asquith 1996, p. 73). It occurs in the slow sections or pools along mid-reach and headwater sections of perennial upland streams and in seep-fed pools along overflow channels bordering such streams. The adults measure from 1.4 to 1.8 in (35 to 45 mm) in length and have a wingspan of 1.7 to 1.9 in (45 to 50 mm). Naiads remain concealed and are found under stones or in mats of algae (Williams 1936, p. 318; Zimmerman 1948a, pp. 371-372).

The blackline Hawaiian damselfly was known historically from the Koolau and Waianae Mountains, from sea level to over 2,400 ft (730 m) (Williams 1936, p. 318; Polhemus 1994a, pp. 6-12). Currently, this species is found in the lowland wet ecosystem on the windward and leeward sides of the Koolau Mountains, in the headwaters and upper reaches of 17 streams: Koloa, Kaipapau, Maakua, upper Kaluanui, Palaa, Helemano headwaters, Poamoho, Kahana, Waiahole, Waiawa, Kaalaea, Waihee, Kahaluu, north Halawa, Heeia, Kalihi, and Maunawili (TNC 2007; Polhemus 2008a, in litt.; Wolff 2008, in litt.; HBMP 2008; Preston 2011, in litt.). Like the crimson Hawaiian damselfly, all colonies of the blackline Hawaiian damselfly are constrained to portions of streams not occupied by nonnative predatory fish—that is, stream portions above geologic or manmade barriers (e.g., waterfalls, steep gradients, dry stream midreaches, or constructed diversions). Currently, the 17 stream colonies are estimated to total 800 to 1,000 individuals, with approximately 50 individuals per stream (Polhemus 2008c, in litt.).

The oceanic Hawaiian damselfly (Megalagrion oceanicum) is a comparatively large and robust species. The adults measure from 1.8 to 1.9 in (47 to 50 mm) in length and have a wingspan of 2.0 to 2.2 in (51 to 55 mm). Both sexes exhibit prominent patterns including black stripes, but males are bright red in color while females are pale green. Immature individuals of this species are also large with long grasping legs and dagger-like gills (Polhemus and Asquith 1996, p. 77). The oceanic Hawaiian damselfly can be distinguished from other Oahu damselfly species by its large size, black stripes, and fast flight along flowing sections of streams.

Individuals of the immature stage of the oceanic Hawaiian damselfly are found in swiftly flowing sections of streams, usually amid rocks and gravel in stream riffles (stream sections with sufficient gradient to create small standing waves) and small cascades on waterfalls (Williams 1936, pp. 321-322; Polhemus and Asquith 1996, p. 106). While capable of swimming, the naiads usually crawl among gravel or submerged vegetation. Older naiads frequently forage out of the actual stream channel and have been observed among wet moss on rocks, and wet rock walls and seeps (Williams 1936, pp. 321-323). Adults are very bold and strong flyers, and when disturbed frequently fly upward into the forest canopy overhanging the stream or waterfall (Williams 1936, p. 323; Polhemus 1994b, p. 48).

Historically, the oceanic Hawaiian damselfly occurred on both the leeward and windward sides of the Koolau and Waianae Mountains, and was known, but is currently extirpated, from approximately 16 general localities, including the Waianae Mountains and all leeward streams of the Koolau Mountains (Englund and Polhemus 1994, p. 8). The species now currently occupies 12 sites above 300 ft (100 m) in elevation on the windward side of the Koolau Mountains at Kahawainui, Wailele, Koloa, Kaipapau, Maakua, upper Kaluanui, Kawaiiki, Opaeula, upper Helemano, Makaua, Waihee, and Kahaluu, in the lowland mesic, lowland wet, and wet cliff ecosystems (TNC 2007; Polhemus 2007, pp. 237-239; HBMP 2008; Preston 2011, in litt.). Like the crimson and blackline Hawaiian damselflies, the oceanic Hawaiian damselfly is constrained to portions of streams not occupied by nonnative predatory fish—that is, stream portions above geologic or manmade barriers (e.g., waterfalls, steep gradients, dry stream midreaches, or constructed diversions). No estimates of population size for the oceanic Hawaiian damselfly are available.

Summary of Comments and Recommendations

On August 2, 2011, we published a proposed rule to list these 23 Oahu species as endangered throughout their ranges, and to designate critical habitat for 124 species (76 FR 46362). The comment period for the proposal opened on August 2, 2011, and closed on October 3, 2011. We requested that all interested parties submit comments or information concerning the proposed listing and designation of critical habitat for the 124 species. We contacted all appropriate State and Federal agencies, county governments, elected officials, scientific organizations, and other interested parties and invited them to comment. In addition, we published a public notice of the proposed rule on August 6, 2011, in the local Honolulu Star Advertiser newspaper, at the beginning of the comment period. On April 12, 2012, we published a document (77 FR 21936) announcing the availability of our draft economic analysis, requesting comments on it until May 14, 2012, and reopening the comment period on the August 2, 2011, proposed rule (76 FR 46362) until that time as well.

During the comment periods, we received a total of 55 comment letters. We did not receive any requests for public hearings. Four commenters were peer reviewers, 5 were State of Hawaii agencies, 1 was a Federal agency (U.S. Navy), and 45 were nongovernmental organizations or individuals. Due to the nature of the proposed rule, we received combined comments from the public on both the listing action and the critical habitat; we have therefore addressed these issues in a single comment section.

Four of the comment letters supported the listing and designation of critical habitat for the Oahu species. Thirty-one commenters requested that we exclude 695 ac (281 ha) (representing entire or portions of five different critical habitat units), based on possible economic effects of the designation. We reviewed all comments we received for substantive issues and new data regarding the proposed listing of 23 species and designation of critical habitat for 124 species. We have fully considered all substantive comments in this final rule. Written comments we received during the comment periods are addressed in the followingsummary. For readers' convenience, we have combined similar comments into single comments and responses.

Peer Review

In accordance with our peer review policy published in theFederal Registeron July 1, 1994 (59 FR 34270), we solicited expert opinions from 13 knowledgeable individuals with scientific expertise on the Oahu plants and damselflies and their habitats, including familiarity with the species, the geographic region in which these species occur, and conservation biology principles. We received responses from four of the peer reviewers who were solicited. These four peer reviewers generally supported our methodology and conclusions. One reviewer supported the listing and critical habitat for the Oahu species, one reviewer supported protection of the stream habitat essential to the Hawaiian damselflies, and all four reviewers provided new information on one or more of the Oahu species, which was incorporated into this final rule. We reviewed all comments received from the peer reviewers for substantive issues and new information regarding the listing of 23 species and designation of critical habitat for 124 species. Peer reviewer comments are addressed in the following summary and incorporated into the final rule as appropriate.

Peer Reviewer Comments

(1)Comment:One peer reviewer suggested that we use the more current and accepted terms “ferns and lycophytes” instead of “ferns and allies” in the published rule.

Our Response:We agree that “ferns and lycophytes” is the currently accepted terminology; however, changing the term “ferns and allies” to “ferns and lycophytes” at 50 CFR 17.12 and at 50 CFR 17.99(j) would require a separate rulemaking to amend the Code of Federal Regulations (CFR), not only for the Hawaiian species listings, but for all previously listed species nationwide. This rulemaking would also require an opportunity for public review and comment, which we are unable to accommodate in this final rule.

(2)Comment:One peer reviewer disagreed with our statement that “many native Hawaiian plants and animals currently occupy only areas of marginal habitat because the threats are reduced in those areas,” and suggested that the areas where the species currently occur constitute their prime habitat, not marginal habitat.

Our Response:Prime habitat and marginal habitat are not terms used in the Act. However, we agree that some native Hawaiian plants and animals thrive in areas that are “marginal” (i.e., not dominated by other native species) and have modified our statement in this final rule. The areas designated as critical habitat in this final rule include both occupied and unoccupied habitat.

(3)Comment:One peer reviewer expressed concern regarding the potential threat to the three proposed Hawaiian damselflies from the use of biopesticides (pesticides derived from natural materials such as animals, plants, bacteria, and minerals) to combat, for example, mosquitoes.

Our Response:We do not have sufficient data to evaluate the effects that biopesticides, in particular,Bacillus thuringiensis israelensis(Bti), may have on Hawaiian damselflies. Therefore, Bti is not considered a current threat to the three proposed Hawaiian damselflies because the specific impacts to these damselflies are unknown at this time.

(4)Comment:Two peer reviewers provided information from their recent surveys for species ofMegalagrionand stated that survey results demonstrated that only streams without nonnative fish provide habitat for native damselflies, and that these streams are crucial for the continued survival ofMegalagrion.The commenters also stated that, in addition to predation by nonnative fish, siltation of stream gravel beds and other stream modifications resulting from erosion of nearby riparian habitat caused by the actions of feral ungulates is a significant threat toMegalagrionspecies. The commenters recommended that the Service should try to protect the remaining stream habitat that is free of nonnative fish, eliminate nonnative fish in the streams in which they occur, and restore streams and surrounding habitat to provide suitable habitat for Hawaii'sMegalagrionand other native aquatic species. They also stated that the positive impacts from the removal of nonnative fish and ungulates in aquatic and surrounding habitat will improve overall environmental conditions, that native Hawaiian damselfly larvae may effectively control mosquitoes in place of nonnative fish, and that removal of ungulates in stream areas may reduce the incidence of leptospirosis in Hawaii, which has the largest number of reported cases of this human-health hazard in the United States.

Our Response:We agree that habitat degradation and destruction by feral ungulates and predation ofMegalagrionspp. by nonnative fish are significant threats to the three species of damselflies in this rule (see Factor A and Factor C, below). Listing these species as endangered and designating their critical habitat will provide conse