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Current as of January 02, 2025 | Updated by Findlaw Staff
(h) Plants on the Northwestern Hawaiian Islands; Constituent elements.
Family Amaranthaceae: Amaranthus brownii (NCN)
Nihoa 1—Amaranthus brownii, identified in the legal description in paragraph (g) of this section, constitutes critical habitat for Amaranthus brownii. On Nihoa, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:
(1) Shallow soil in fully exposed locations on rocky outcrops and containing one or more of the following associated native plant species: Chenopodium oahuense, Eragrostis variabilis, Ipomoea indica, Ipomoea pes-caprae ssp. brasiliensis, Panicum torridum, Scaevola sericea, Schiedea verticillata, Sicyos pachycarpus, Sida fallax, or Solanum nelsonii; and (2) Elevations between 30 and 242 m (100 and 800 ft).
Family Arecaceae: Pritchardia remota (loulu)
Nihoa 2—Pritchardia remota, and Laysan 2— Pritchardia remota, identified in the legal descriptions in paragraph (g) of this section, consitute critical habitat for Pritchardia remota.
(1) On Nihoa, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:
(i) Pritchardia remota coastal forest community and containing one or more of the following associated native plant species: Chenopodium oahuense, Sesbania tomentosa, Sida fallax, or Solanum nelsonii; and
(ii) Elevations between sea level and 151 m (500 ft).
(2) On Laysan Island, the currently known primary constituent elements of critical habitat include, but are not limited to, the habitat components provided by:
(i) Coastal strand habitat with Chenopodium oahuensee and Solanum nelsonii; and
(ii) Elevations between sea level to 12 m (0 to 40 ft).
Family Caryophyllaceae: Schiedea verticillata (NCN)
Nihoa 3—Schiedea verticillata, identified in the legal description in paragraph (g) of this section, constitutes critical habitat for Schiedea verticillata. On Nihoa, the currently known primary constituent elements of critical habitat for Schiedea verticillata include, but are not limited to, the habitat components provided by:
(1) Rocky scree, soil pockets, and cracks on coastal cliff faces and in Pritchardia remota coastal mesic forest and containing one or more of the following associated native plant species: Eragrostis variabilis, Rumex albescens, Tribulus cistoides, or lichens; and
(2) Elevations between 30 and 242 m (100 and 800 ft).
Family Cyperaceae: Cyperus pennatiformis (NCN)
Laysan 1—Cyperus pennatiformis, identified in the legal description in paragraph (g) of this section, constitutes critical habitat for Cyperus pennatiformis. On Laysan Island, the currently known primary constituent elements of critical habitat for Cyperus pennatiformis include, but are not limited to, habitat components provided by:
(1) Coastal sandy substrate containing one or more of the following associated native plant species: Cyperus laevigatus, Eragrostis variabilis, or Ipomoea sp.; and
(2) Elevation of 5 m (16 ft).
Family Fabaceae: Sesbania tomentosa (ohai)
Nihoa 4—Sesbania tomentosa, and Necker 1—Sesbania tomentosa, identified in the legal descriptions in paragraph (g) of this section, constitute critical habitat for Sesbania tomentosa. On Nihoa and Necker, the currently known primary constituent elements of critical habitat for Sesbania tomentosa include, but are not limited to, habitat components provided by:
(1) Shallow soil on sandy beaches and dunes in Chenopodium oahuense coastal dry shrubland or mixed coastal dry cliffs and containing one or more of the following associated native plant species: Pritchardia remota, Scaevola sericea, Sida fallax, or Solanum nelsonii; and
(2) Elevations between sea level and 84 m (0 and 276 ft).
Cite this article: FindLaw.com - Code of Federal Regulations Title 50. Wildlife and Fisheries § 50.17.99 (h) - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-50-wildlife-and-fisheries/cfr-sect-50-17-99-nr3/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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