3964 Federal Register / Vol. 66, No. 11 / Wednesday, January 17, 2001 / Proposed Rules
DEPARTMENT OF THE INTERIOR in the preparation of this proposed rule, adaption to local conditions that has will be available for public inspection, been found in any group of animals over Fish and Wildlife Service by appointment, during normal business the entire world (Hardy and Kaneshiro hours at the above address. 1981). They are distributed throughout 50 CFR Part 17 FOR FURTHER INFORMATION CONTACT: Paul the high islands of the Hawaiian RIN 1018–AG23 Henson, Field Supervisor, at the above archipelago, each species displaying not address (telephone 808/541–3441, only a highly characteristic trait of being Endangered and Threatened Wildlife facsimile 808/541–2756). found only on a single island, but also and Plants; Proposed Endangered SUPPLEMENTARY INFORMATION: extraordinary physical diversity and Status for 12 Species of Picture-wing adaptations that show their intimate Flies From the Hawaiian Islands Background ecological relationship to the native Many of the major ecological zones of flora (Carson and Yoon 1982). AGENCY: Fish and Wildlife Service, Drosophilidae are similar in structure Interior. the earth are represented in Hawai‘i, from coral reef systems through rain to other flies in that adults have three ACTION: Proposed rule. forests to high alpine deserts, in less main body parts: a head, thorax, and abdomen. A pair of antennae arises from SUMMARY: We, the U.S. Fish and than 10,800 square kilometers (6,500 the front of the head, between the eyes. Wildlife Service (Service), propose square miles) of land. The range of The single pair of wings and three pairs endangered status pursuant to the topographies creates a great diversity of of legs are attached to the thorax. The Endangered Species Act of 1973, as climates. Windward (northeastern) abdomen is composed of multiple slopes can receive up to 1,000 amended (Act), for 12 species of segments. The general life cycle of centimeters (cm) (400 inches (in.)) of Hawaiian picture-wing flies— Hawaiian Drosophilidae is typical of rain per year, while some leeward coasts Drosophila aglaia, D. differens, D. that of most flies: after mating, females that lie in the rain shadow of the high hemipeza, D. heteroneura, D. lay eggs from which larvae (immature volcanoes are classified as deserts, montgomeryi, D. mulli, D. musaphilia, stage) hatch; as larvae grow they molt receiving as little as 25 cm (10 in.) of D. neoclavisetae, D. obatai, D. (shed their skin) through three ochrobasis, D. substenoptera, and D. rain annually. This topographic and successive stages (instars); when fully tarphytrichia. These species are found climatic regime has given rise to a rich grown, the larvae change into pupae (a on one or more of the following diversity of plant communities, resting form) in which they Hawaiian Islands: Kaua‘i, O‘ahu, including coastal, dryland, montane, metamorphose and emerge as adults. Moloka‘i, Mau‘i, and Hawai‘i. These 12 subalpine, and alpine; dry, mesic, and The Hawaiian Drosophilidae have species face substantial threats from one wet; and herblands, grasslands, also developed and adapted ecologically or more of the following: habitat shrublands, forests, and mixed to a tremendous diversity of ecosystems degradation, loss of host plants, communities (Gagne and Cuddihy ranging from desert-like habitats where biological pest control, and predation 1990). These habitats and plant the soil is powdery dry, to rain forests from alien arthropods. Due to the communities in turn support one of the with lush, tree-fern jungles, and in restricted distributions and small most unique arthropod faunas in the swampland perpetually shadowed by populations, three species (D. world, with an estimated 10,000 rain clouds and with vegetation heteroneura, D. mullia, and D. endemic species (Howarth 1990). burdened with dripping, moss-laden neoclavisetae) are in danger of Unusual characters of the arthropod branches. While the larval stages of extinction from naturally occurring fauna of Hawai‘i include the presence of most species are saprophytic (feeding on random events. This proposal, if made relict species; the absence of social decaying vegetation, such as rotting final, would implement the protection insects, such as ants and termites; leaves, bark, flowers, and fruits), some provisions provided by the Act for these endemic genera; extremely small have become highly specialized, being Hawaiian picture-wings. geographic ranges; adaptation of species carnivorous on egg masses of spiders, or DATES: Comments from all interested to very specific conditions or feeding on green algae growing parties must be received by March 19, environments; novel ecological shifts; underwater on boulders in streams. As 2001. Requests for public hearings must flightlessness; and loss of certain a group, the Hawaiian Drosophilidae be received by March 5, 2001. antipredator behaviors (Zimmerman appear to be widespread and can be ADDRESSES: If you wish to comment, 1948, 1970, Simon et al. 1984, Howarth found in most of the natural you may submit your comments and 1990). communities in Hawai‘i. materials concerning this proposal by Perhaps the most remarkable group of Unlike most Hawaiian insects that any one of several methods. Hawaiian insects, and that which most remain obscure, typically known only (1) You may submit written comments typifies insect evolution in Hawai‘i, is from their original taxonomic to the Field Supervisor, U.S. Fish and the flies in the family Drosophilidae descriptions, most aspects of Hawaiian Wildlife Service, Pacific Islands Office, (Williamson 1981). To date, 511 species Drosophilidae biology have been P.O. Box 50088, Honolulu, HI 96850– of Hawaiian Drosophilidae have been researched, including their internal and 0001. named and described. An additional external morphology, behavior, ecology, (2) You may send comments by e-mail 250–300 species are already in the physiology, biochemistry, the banding to [email protected] (see collection at the University of Hawai‘i sequence of giant chromosomes, as well SUPPLEMENTARY INFORMATION for file and await identification and as detailed analyses of the structure of formats and other information about description, and new species are still the DNA molecules. More than 80 electronic filing); or being discovered from localities not research scientists and over 350 (3) You may hand-deliver comments previously sampled. It is estimated that undergraduates, graduate students, and to our Pacific Islands Office at 300 Ala as many as 1,000 species may be present post-doctoral fellows have participated Moana Blvd., Room 3–122, Honolulu, in native Hawaiian ecosystems in research on the Hawaiian HI. (Kaneshiro 1993). The Drosophilidae Drosophilidae, resulting in over 600 Comments and materials received, as family in Hawai‘i represents one of the scientific publications on the biology of well as supporting documentation used most remarkable cases of specific these flies. The Hawaiian Drosophilidae
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is arguably the most intensively studied notes of the individual researchers on Drosophila. This group consists of 106 group of all terrestrial Hawaiian the project contain extensive records of known species, most of which are large organisms. host plant associations of most of these with elaborate markings on otherwise Research on Hawaiian Drosophilidae species. Understanding the host plant clear wings of both sexes, the pattern of has resulted in the development and association is important due to the fact which varies among species (Hardy and testing of new theories of evolutionary that all of these flies appear to be closely Kaneshiro 1981, Carson 1992). The biology (Bradley et al. 1991, Carson linked with one or more particular host picture-wing Drosophila have been 1971, 1982a, Kaneshiro 1976, 1980, plant species. These host plant species referred to as the ‘‘birds of paradise’’ of 1987, 1989). Ideas on the development provide necessary habitat requirements the insect world because of the males’ of species and island evolution for the flies, including shelter, food, and extremely elaborate and spectacular developed from studies on Hawaiian areas for courtship. The host plants, and courtship displays and territorial Drosophilidae are now referenced in suitable habitat for the host plants, are defense behavior. Males occupy most modern textbooks of biology and absolutely essential for the flies’ territories that serve as mating arenas to evolution (e.g., Ridley 1993). These flies survival and recovery. which receptive females are attracted for have also been the subject of numerous Biologists have observed a general mating. The males fight among television programs produced by the decline of the Hawaiian Drosophilidae themselves for the best territories and BBC (British Broadcasting Corporation), along with other components of the establish a dominance hierarchy like NOVA, National Geographic Society, native ecosystem. As noted by Spieth some birds and mammals. Native and other educational film makers. The (1980), during the early part of the Hawaiians apparently did not BBC, in conjunction with the Open century, the Tantalus area behind the differentiate among the different University in England, has also city of Honolulu was the major spot for species, but referred to flies collectively produced several programs focused on collecting Drosophila species. By 1963, as nalo. Recognizing that some or all of the research of the Hawaiian the majority of the native Drosophila these species may belong in the genus Drosophilidae, and these programs are species in this area had been Idiomyia (Grimaldi 1990), we accept the being used in educational courses about exterminated, apparently due to most recent taxonomic description of evolution. intrusion of exotic vegetation and the Hawaiian taxa as Drosophila The Hawaiian Drosophila Project at predation by ants. Quantitative (Nishida 1994) and will refer to the the University of Hawai‘i has sampling since 1971 has demonstrated species in this proposed rule coordinated and cooperated in most of dramatic declines in the abundance of collectively as ‘‘Hawaiian picture- the research on the Hawaiian some species and in other cases local winged Drosophila,’’ or ‘‘Hawaiian Drosophilidae. It has also maintained extirpations (Foote and Carson 1995). A picture-wings.’’ There has also been no extensive collection records of these review of the data collected by the traditional Hawaiian or European use of species. These records form the basis for Hawai‘i Drosophila Project and common names for individual species of much of the data used to develop this assessment of the threats to remaining proposed rulemaking. Three decades of populations suggests that at least 12 Hawaiian picture-wings. collection work are maintained in species of these flies are presently Each species of Hawaiian picture- permanent files of the Hawaiian threatened with extinction. wing in this proposed rulemaking is Drosophila Project within the University All 12 species in this proposed found only on a single island, and each of Hawai‘i’s Center for Conservation rulemaking belong to the species group breeds only in a single or a few related Research and Training. Also, collection commonly known as the picture-wings species of plants (see Table 1).
TABLE 1.—SUMMARY OF ISLAND DISTRIBUTION OF THE PROPOSED SPECIES
Species Kaua‘i O‘ahu Moloka‘i Mau‘i Hawai‘i Primary host plants
Drosophila aglaia ...... current ...... Urera glabra (o¯puhe) Drosophila ...... current ...... Clermontia differens. spp. (‘o¯ha¯ wai). Drosophila ...... current ...... Urera spp. (o¯puhe) and Lobelia hemipeza. spp. (o¯ha¯) Drosophila ...... current ...... Clermontia spp., Delissea spp., heteroneura. and Cheirodendron spp. (o¯lapa) Drosophila ...... current ...... Urera Ka‘ala e (o¯puhe) montgomeryi. Drosophila mulli ...... current ...... Pritchardia beccariana (loulu) Drosophila current ...... Acacia koa (koa) musaphilia. Drosophila ...... current ...... Cyanea spp. (ha¯ha¯) neoclavisetae. Drosophila obatai ...... current ...... Pleomele forbesii (hala pepe) Drosophila ...... current ...... Myrsine spp. (ko¯lea), Marattia spp. ochrobasis. and Clermontia spp. Drosophila ...... current ...... Cheirodendron spp. and substenoptera. Tetraplasandra spp. (‘ohe mauka) Drosophila ...... current ...... Charpentiera spp. (pa¯pala) tarphytrichia. current = population observed within the past 20 years.
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Discussion of the 12 Species Proposed its entirely or predominantly yellow of Urera kaalae, a Federal endangered for Listing face. There is also a difference in the species (56 FR 55770), in the stems of markings found on the leading edge of Lobelia spp., and in the bark and stems Drosophila aglaia the wings. In D. planitibia males, the of Cyanea spp., in mesic forest habitat. Drosophila aglaia was first collected marking extends about two-thirds the This Hawaiian picture-wing is in 1946 on Mount Ka‘ala on the island distance to the tip of the wings, while endangered by habitat degradation from of O‘ahu, and described by Elmo Hardy in D. differens males, it extends nearly feral ungulates, alien weeds, and fire, in 1965 (Hardy 1965). Drosophila aglaia to the marking at the tip of the wing. and predation by ants and alien wasps. is a small species, 4.0 mm (0.15 in.) in Hybridization experiments have Drosophila heteroneura length, with wings 5.0 mm (0.2 in.) long. demonstrated that D. planitibia from It has a yellow head that is Mau‘i and D. differens from Moloka‘i R.C.L. Perkins described Idiomyia approximately one-third wider than represent distinct species as they are heteroneura, based on specimens from long. The eyes are brown, and the incapable of inter-breeding (Kaneshiro ‘O¯ la‘a on Hawai‘i island (Perkins 1910). antennae are yellow, tinged with brown. and Kaneshiro 1995). Crosses have been This taxon was later transferred to the The thorax is clear yellow with three done in both directions and have genus Drosophila (Hardy 1969), forming broad brown stripes on the top, and the resulted in fertile females, but sterile its presently accepted name, D. legs are yellow. The abdomen is brown males. Other than differences in color, heteroneura. Drosophila heteroneura with a large yellow spot on each of the no morphological characters separate has very large spots on the bases of the hind corners. The wings are these species, and they are, therefore, wings. However, the most characteristic predominantly clear with irregular but considered to be sibling species. feature of this species is the broad head characteristic brown markings, and are Drosophila differens is restricted to of the male with the eyes situated about two and three-quarter times the island of Moloka‘i where it is known laterally, thus giving it a hammer-head longer than wide. from three populations on private land: appearance. The hammer-head and Drosophila aglaia is known only from Kaunu O Hua, Pu‘u Kolekole, and south entirely yellow face differentiate it from six localities in the Wai‘anae Mountains Hanalilolilo where it was last observed the closely related species, D. silvestris. of O‘ahu. It has been recorded on land on July 22, 1986. Montgomery (1975) The thorax is predominantly yellow owned by the State of Hawai‘i found D. differens to breed in the bark, with several black streaks and markings Department of Land and Natural stems, and leaves of Clermontia spp. in on top. The legs are yellow except for Resources (DLNR) at Makaleha Valley, wet rainforest habitat. This species is slight tinges of brown on the ends of the Peacock Flats Trail, and Pu‘u Kaua. endangered by habitat degradation from middle and hind femora and tibiae. The Additionally, this species is known feral ungulates and alien weeds, and wings are hyaline (transparent) and are from private land holdings at Palikea predation by ants and alien wasps. very similar in markings and venation to Ridge, Pu‘u Kaua, and Kalua‘a gulch, those of D. silvestris, except that the Drosophila hemipeza and is also found on Federal land marking in the front margin of the wing owned by the United States Army at Elmo Hardy (1965) described of D. heteroneura extends nearly to the Pu‘u Pane. The occurrence of D. aglaia Drosophila hemipeza from specimens marking at the end of the wing. The is restricted to the patchy distribution of collected at Pu¯ pu¯ kea, O‘ahu, in 1952. abdomen is shining black with a large its host plant, Urera glabra), a small Drosophila hemipeza is most closely yellow spot on the top of each segment. endemic tree. The larvae of D. aglaia related to D. planitibia and D. differens. This species is about 5.7 mm (0.22 in.) develop in the bark and stem of U. The key differences among these species in length with wings approximately 7.0 glabra. This tree does not form large is in the color of the face, which in D. mm (0.3 in.) long. stands, but is scattered throughout hemipeza is pale yellow and densely Drosophila heteroneura is restricted slopes and valley bottoms in mesic and covered with white fuzz. The thorax of to the island of Hawai‘i where it was wet forest habitat on all the main D. hemipeza is predominantly yellow historically known from 16 localities, on islands. In the Wai‘anae Mountains on with two brown stripes on the top, and 4 of the island’s 5 volcanoes (Huala¯lai, O‘ahu, this tree occurs infrequently in the legs are entirely yellow. This species Mauna Kea, Mauna Loa, and Kı¯lauea). mesic forest. Because D. aglaia is reliant is 5.0 mm (0.2 in.) long; the front legs This species has never been found on on an infrequently occurring host plant, are very slender with short straight the Kohala Mountains. The species was it is difficult to estimate the size of the bristles; and the wings are 6.0 mm (0.2 believed to be extinct in the late 1980s, land area on which this species occurs. in.) in length, slender, and somewhat until it was rediscovered on private Each site is probably less than several pointed. acreage at Huala¯lai Volcano in 1993. acres. The major threats to D. aglaia are Drosophila hemipeza is restricted to The remaining population is extremely predation by ants and habitat the island of O‘ahu where it is known small, with a 90 percent reduction from degradation from feral ungulates, alien from six localities. In the Wai‘anae historical abundance (Kaneshiro and plants, and fire. Mountains, it is known from privately Kaneshiro 1995). owned land at Palikea Ridge, Kalua‘a Drosophila heteroneura breeds Drosophila differens Gulch, and Mauna Kapu. The species is primarily in the bark and stems of Drosophila differens was described by also known from State of Hawai‘i DLNR Clermontia spp. and Delissea spp., but Elmo Hardy and Kenneth Kaneshiro land in Makaleha and Wai‘anae Valleys it is also known to utilize (1975) from specimens collected at as well as from City and County of Cheirodendron spp. in open rain forest South Hanalilolilo, Moloka‘i, in 1972. Honolulu holdings in Wai‘anae Valley. habitat. This Hawaiian picture-wing is Previous to the description, D. differens The only occurrence of this species in endangered by habitat degradation from was referred to as ‘‘Idiomyia planitibia the Ko‘olau Range is from City and ungulates and alien weeds, predation by from Moloka‘i.’’ This species is large, County of Honolulu property at Pauoa ants and alien wasps, and an extremely approximately 7.0 mm (0.3 in.) in Flats on Mt. Tantalus. small remaining population. length, with wings 8.3 mm (0.33 in.) Montgomery (1975) determined that long. Drosophila differens looks very Drosophila hemipeza utilizes several Drosophila montgomeryi similar to D. planitibia of Mau‘i, but can different mesic forest plants as larval Named after Dr. Steven L. be differentiated from D. planitibia by breeding substrates. It breeds in the bark Montgomery in honor of his work on
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Hawaiian picture-wings, Drosophila Hawaiian picture-wing is endangered by clavistae are members of the D. montgomeryi was described by Elmo habitat degradation from feral pigs and adiastola species group (Perreira and Hardy and Kenneth Kaneshiro (1971) alien weeds, limited numbers, and Kaneshiro 1990), and, while other from specimens collected in the predation by ants and alien wasps. species in this group perform similar Wai‘anae Mountains of O‘ahu in 1970. mating behaviors, they are highly Drosophila musaphilia This species morphologically appears to exaggerated in D. clavistae and D. be most closely related to D. pisonia Elmo Hardy (1965) formally described neoclavistae. from the island of Hawai‘i. It can be Drosophila musaphilia from specimens Drosophila neoclavistae is between distinguished by the narrow, pale brown at Ko¯ke‘e, Kaua‘i, in 1952. Although 6.0–6.4 mm (0.2–0.25 in.) in length, stripe on each side of the top of the Hardy (1965) indicated that D. with wings 6.5–7.0 mm (0.26–0.3 in.) thorax, the long hairs on the front legs, musaphilia is very similar to D. long. It is distinguished by its amber and the second antennal segment, villosipedis, based on both brown head and yellow face, with the which is yellow, tinged with brown on chromosomal data, as well as middle portion raised to form a the top. comparison of the male genitalia, D. prominent ridge. The thorax is Drosophila montgomeryi is restricted musaphilia is clearly most closely predominantly reddish brown with a to the Wai‘anae Mountains on the island related to D. hawaiiensis (Kaneshiro et distinct brown median stripe, bordered of O‘ahu, where it is known from al. 1995). on each side by two brown stripes. The private holdings at Pu‘u Kaua and Drosophila musaphilia is legs are yellow, with brown on the Kalua‘a Gulch, and State of Hawai‘i characterized by a predominantly black femora and a distinct brown band on the DLNR property at Pu‘u Kaua and thorax with gray fuzz and a very narrow tips of the tibiae. The wings are broad Alaiheihe Gulch. Montgomery (1975) gray stripe extending down the top. The and rounded, more than twice as long reported that the larvae of this species legs are dark brown to yellow, with the as wide, and with the front portion feed in the decaying bark of Urera front tibia devoid of ornamentation, and covered with brown markings and large kaalae, which grows on slopes and in the tips of the legs have abundant long clear spots tinged light yellow. It shares gulches of diverse mesic forest. This black hairs on top. The wings are three with D. clavistae an extra crossvein in Hawaiian picture-wing is endangered by times longer than wide with the wing, which sets both these species habitat degradation from feral ungulates, characteristic markings of the D. apart from the other species of the D. alien weeds, and fire, and predation by hawaiiensis group. The abdomen is dark adiastola species group. The abdomen is ants and alien wasps. brown to black and densely covered dark brown and black with numerous with brown fuzz. The body length is long hairs on the hind segments of the Drosophila mulli about 5.0 mm (0.2 in.) and the wings male. Drosophila mulli was described by 5.25 mm (0.207 in.) long. Drosophila neoclavistae is restricted William Perreira and Kenneth Drosophila musaphilia is restricted to to the island of Mau‘i where it is known Kaneshiro (1990) and named for the the island of Kaua‘i where it is known only from State of Hawai‘i DLNR eminent Hawaiian naturalist, William P. from State of Hawai‘i DLNR-owned land property at Pu‘u Kukui. The host plant Mull, who first discovered this species. at Alexander Reservoir, Ko¯ke‘e State of this species has not yet been The head of D. mulli is yellow on the Park, and Halemanu. This species is confirmed, although it is believed to be front, covered with a light, silvery grey extremely rare and has been observed associated with Cyanea sp.. All fuzz. The face of the male is only five times in the last 25 years. collections of this species have come characteristically white, while that of Montgomery (1975) determined that the from within a small patch of Cyanea the female is brown. The top of the host plant for D. musaphilia is Acacia spp., and many other species in the D. thorax is brownish yellow and lacks koa. The females lay their eggs, and the adiastola species group utilize these and conspicuous markings or stripes. The larvae develop in the sap seeping from other plants in the family legs are predominantly yellow, and the injured trees. This Hawaiian picture- Campanulaceae. This Hawaiian picture- front legs of males bear three distinct wing is endangered by habitat wing is endangered by habitat rows of long, curled hairs. The wings degradation from feral ungulates, alien degradation from feral ungulates and are two and one-half times longer than weeds, hurricanes, and fire, and alien weeds, limited numbers, and wide with distinct brown markings at predation by ants and alien wasps. predation by ants and alien wasps. the base and the tip. The length of the body is 4.3–5.0 mm (0.17–0.2 in.), and Drosophila neoclavisetae Drosophila obatai the wings are 4.3–4.8 mm (0.17–0.19 in.) Drosophila neoclavistae was Drosophila obatai was described by long. described by William Perreira and Elmo Hardy and Kenneth Kaneshiro in Drosophila mulli is restricted to the Kenneth Kaneshiro (1990) from 1972, from specimens collected in the island of Hawai‘i and is known only specimens collected at Pu‘u Kukui, Wai‘anae Mountains of O‘ahu. This from the State of Hawai‘i DLNR-owned West Mau‘i, in 1969. The species species was named for Mr. John Obata, ‘O¯ la‘a Forest Reserve at an elevation of appears to be restricted to a ridge top at who has made significant contributions 985 meters (m) (3,200 feet (ft)). Adults an elevation of 1,371 m (4,500 ft) to the study of Hawaiian Drosophila are found only on the undersides of (Kaneshiro and Kaneshiro 1995). It was because of his knowledge of the native leaves of Pritchardia beccariana, an named for its obvious affinities with D. plants and habitats where these insects endemic fan palm, but the larval feeding clavistae from East Mau‘i. Both species are found. Drosophila obatai resembles site is still unknown. Attempts to rear are similar in wing and thoracic D. sodomae from Mau‘i and Moloka‘i, this species from decaying parts of P. markings as well as sharing one of the and is distinguished by small beccariana have been unsuccessful most bizarre courtship dances in the differences in wing markings and the (W.P. Mull, Volcano, Hawai‘i, pers. family. The male bends its abdomen up black coloration of the abdomen. comm., 1995). However, because of the over its head, produces a bubble of Drosophila obatai is restricted to the extremely localized population within a liquid from its anal gland believed to be island of O‘ahu where it is known from relatively small patch of P. beccariana, a sex pheromone, and then vibrates the State of Hawai‘i DLNR-owned land at that a strong association between D. abdomen, fanning the scent toward the Makaleha Valley in the Mokul’‘ia Forest mulli and this plant is likely. This female. Both D. neoclavistae and D. Reserve in the Wai‘anae Mountains, and
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Wailupe Gulch located in the Honolulu Drosophila substenoptera It is now apparently extinct in the Watershed Forest Reserve in the Elmo Hardy described Idiomyia Ko‘olau range and presently known southern Ko‘olau Mountains. This substenoptera in 1965. He then later from four localities in the Wai‘anae species is also known from Federal land determined the genus Idiomyia to be Mountains. Three populations are found owned by the Army at Pu‘u Pane, and synonymous with Drosophila (Hardy on privately owned lands at Mauna from City and County of Honolulu and 1969), thus creating the current name of Kapu, Palikea ridge, and Kalua‘a Gulch. private holdings at Wai‘alae Nui. Drosophila substenoptera. This species The fourth is known from private and Drosophila obatai use Pleomele forbesii is closely related to D. planitibia and State of Hawai‘i DLNR land at Pu‘u Kaua. This species breeds on the stems as a host plant (Montgomery 1975). This other closely related flies (Kaneshiro et and branches of Charpentiera spp. trees host plant, growing on slopes in dry al. 1995) but is quite distinctive from all in mesic forest habitat (Montgomery forest and diverse mesic forest, occurs the other species in this group because 1975). Threats to this species include singly or in small clusters and does not of characteristic markings on the wings, habitat degradation from feral ungulates form large stands of many individuals the narrow wing shape, and the and alien weeds, and predation by ants (Wagner et al. 1990). Threats to this complex structures of the male genitalia. and alien wasps. Hawaiian picture-wing include habitat Drosophila substenoptera is degradation from feral ungulates, alien predominantly yellow with two black Previous Federal Action weeds, and fire, and predation by ants stripes extending down the entire length Ten of these proposed species were and alien wasps. of the top surface of the thorax. The legs classified as candidates for listing in the Drosophila ochrobasisn are yellow and lack long hairs on the February 28, 1996, Notice of Review of dorsal surfaces. Body length is 4.35 mm Plant and Animal Taxa That Are Drosophila ochrobasis was originally (0.171 in.), and the wings are 5.0–5.3 Candidates for Listing as Endangered or described by Elmo Hardy and Kenneth mm (0.2–0.21 in.) long. Threatened Species (Notice of Review) Kaneshiro (1968) based on a specimen Drosophila substenoptera is restricted (61 FR 7596). The remaining two collected from Pu‘u Huala¯lai at an to the island of O‘ahu where it is known species, Drosophila differens and D. elevation of 1,692 m (5,550 ft). Based on from the following private holdings: ochrobasis, were classified as chromosomal studies, D. ochrobasis Wiliwili Nui Ridge, Castle Trail, Ha¯lawa candidates for listing in the Notice of appears to be most closely related to Ridge Trail, and Palikea Ridge. Review dated September 19, 1997 (62 D.setosimentum (Kaneshiro et al. 1995). Drosophila substenoptera is also found FR 49398). Candidates are those taxa for on State of Hawai‘i DLNR property at Both the body and wings are which the Service has on file substantial Mt. Ka‘ala and the DuPont trail as well approximately 4.6 mm (0.18 in.) in information on biological vulnerability as on City and County of Honolulu length. The head is yellow in front and and threats to support preparation of owned acreage at Ka‘au Crater. This brown on top, and the face is white with listing proposals. species has never been abundant at any The processing of this proposed rule a prominent ridge running down the of these locations, but now appears to be conforms with our Listing Priority middle. The thorax is yellow except for extant only on the summit of Mt. Ka‘ala Guidance published in the Federal a large brown spot on each side. The , despite intensive efforts to relocate it Register on October 22, 1999 (64 FR legs are yellow tinged with brown. In at other sites. Montgomery (1975) 57114). The guidance clarifies the order males, the basal three-fifths of the wing determined that this Hawaiian picture- in which we will process rulemakings. is predominantly clear to translucent wing breeds in the bark of Highest priority is processing with faint transverse streaks of brown. Cheirodendron spp. and Tetraplasandra emergency listing rules for any species The outer two-thirds of the wing is dark spp. trees in wet forest habitat. Threats determined to face a significant and brown with large clear spots similar to to this species include habitat imminent risk to its well-being (Priority that portion of the wings in Drosophila degradation from feral ungulates and 1). Second priority (Priority 2) is setosimentum. The females of D. alien weeds, and predation by ants and processing final determinations on ochrobasis are virtually alien wasps. proposed additions to the lists of indistinguishable from those of endangered and threatened wildlife and D.setosimentum females. Drosophila tarphytrichia plants. Third priority (Priority 3) is Drosophila ochrobasis is restricted to Drosophila tarphytrichia was processing new proposals to add species the island of Hawai‘i and has been described by Elmo Hardy (1965) from to the lists. The processing of found on State of Hawai‘i DLNR specimens collected from Ma¯noa Falls administrative petition findings property at Kı¯puka and Alakahi Stream. on O‘ahu, in 1949. This species is (petitions filed under section 4 of the It has also been observed at Kı¯puka closely related to D. vesciseta based on Act) is the fourth priority (Priority 4). Pa¯hipa and Huala¯lai, both of which are the structure of the male genitalia The processing of this proposed rule is privately owned. Drosophila ochrobasis (Kaneshiro et al. 1995), but can be a Priority 3 action. was collected almost every year from differentiated by distinct wing markings 1967 to 1975, sometimes in large and the ornamentation of the front legs Summary of Factors Affecting These numbers, but has now virtually of the male. The thorax is almost Species disappeared (Kaneshiro and Kaneshiro entirely yellow to red with a tinge of The procedures for adding species to 1995). It was last observed at Kı¯puka on brown on the top. The legs are yellow, the Federal Lists are found in section 4 February 14, 1986. This species has with the tip of the front leg strongly of the Endangered Species Act (16 been reported to utilize several host flattened laterally and with a dense U.S.C. 1531 et seq.) and the plants, including Myrsine spp., clump of black hairs. This species is accompanying regulations (50 CFR part Clermontia spp., and Marattia spp. 3.70 mm (0.148 in.) long with wings 4.0 424). A species may be determined to be (Montgomery 1975). Threats to this mm (0.2 in.) long. an endangered or threatened species Hawaiian picture-wing include habitat Drosophila tarphytrichia is restricted due to one or more of the five factors degradation from ungulates and alien to the island of O‘ahu where it was described in section 4(a)(1). Threats to weeds, and predation by ants and alien historically known from both the these 12 species are summarized in wasps. Ko‘olau and Wai‘anae mountain ranges. Table 2.
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TABLE 2. SUMMARY OF THREATS TO 12 HAWAIIAN PICTURE-WING FLIES
Threats Species Feral animal activity Major alien Fire Alien Limited plants Pigs Goats Deer Cattle insects numbers*
Drosophila aglaia ...... 1,2,3,6 ...... X X ...... X X ...... Drosophila differens ...... 2 ...... X X X ...... X ...... Drosophila hemipeza ...... 1,2,3,5,6 ...... X X ...... X ...... Drosophila heteroneura ...... 2,4,8,9 ...... X ...... X ...... X X Drosophila montgomeryi ...... 1,2,3,6 ...... X ...... X X ...... Drosophila mulli ...... 2,8,9 ...... X ...... X X Drosophila musaphilia ...... 2,3,6,7,8 ...... X X X ...... X X ...... Drosophila neoclavisetae ...... 2,8 ...... X ...... X X Drosophila obatai ...... 1,2,3,5,6 ...... X X ...... X X ...... Drosophila ochrobasis ...... 2,4,8,9 ...... X ...... X ...... X ...... Drosophila substenoptera ...... 2,5,6 ...... X ...... X ...... Drosophila tarphytrichia ...... 1,2,3,5,6 ...... X X ...... X ...... 1 -Schinus terebinthifolius 2 -Psidium cattleianum 3 -Melinus minutiflora 4 -Pennisetum setaceum 5 -Clidemia hirta 6 -Lantana camara 7 -Rubus argutus 8 -Passiflora mollissima 9 Rubus ellipticus * Fewer than three populations
The five factors and their application erosion taking place on most of the main the habitat of at least seven species to Drosophila aglaia, D. differens, D. Hawaiian islands. proposed in this rule (see Table 2). On hemipeza, D. heteroneura, D. Pigs that were introduced to the Kaua‘i, goats contribute to the montgomeryi, D. mulli, D. musaphilia, Hawaiian Islands have escaped substantial decline of Drosophila D. neoclavisetae, D. obatai, D. domestication and successfully musaphilia. On O’ahu, encroaching ochrobasis, D. substenoptera, and D. established feral populations in wet and urbanization and hunting pressure tend tarphytrichia are as follows: mesic forests and grasslands of Kaua‘i, to concentrate the goat population in the O‘ahu, Moloka‘i, Mau‘i, and Hawai‘i. dry upper slopes of the Wai‘anae A. The Present or Threatened Their presence on these islands Mountains, where populations of D. Destruction, Modification, or threatens the existence of at least 11 of aglaia, D. hemipeza, D. montgomeryi, D. Curtailment of its Habitat or Range the proposed Hawaiian picture-wing obatai, and D. tarphytrichia exist Native vegetation on all the main species (see Table 2). Foote and Carson (Kaneshiro and Kaneshiro 1995). The Hawaiian islands has undergone (1995) experimentally demonstrated the goat population in the Wai‘anae area is extreme alteration because of past and detrimental impact of feral pigs on apparently increasing, becoming an present land management practices, Hawaiian picture-wings by showing that even greater threat to the native habitat including ranching, deliberate areas that had been fenced to exclude there. On Moloka‘i, at least one introduction of alien plants and pigs supported higher numbers of flies population of D. differens at Pu‘u animals, and agricultural development and the plants they require for habitat. Kolekole is presently endangered by (Cuddihy and Stone 1990). Some of the Conversely, areas of the same habitat goats. primary threats facing the 12 Hawaiian that were not fenced were altered by Eight axis deer were introduced to the picture-wing species proposed for pig-foraging activities resulting in the island of Moloka‘i in 1868. By the turn listing are ongoing and threatened direct destruction of host plants. of the century, their numbers had destruction and adverse alteration of Furthermore, the foraging activities increased to thousands of animals habitat by feral animals and alien modified the habitat by making it more (Tomich 1986). The herds had so plants. suitable for invasive plants that could damaged the vegetation on Moloka‘i that All 12 of the proposed species are crowd out host plants. While foraging, professional hunters were hired to endangered by feral animals to various pigs root and trample the forest floor, control their numbers (Tomich 1986). degrees. The early human inhabitants of encouraging the establishment of alien However, by then, the native vegetation the Hawaiian Islands introduced plants in the newly disturbed soil. Pigs had suffered irreparable damage from Polynesian pigs (Sus spp.), and more also disperse alien plant seeds through overgrazing by axis deer. These deer recently European settlers introduced their feces and on their bodies, continue to degrade the habitat by more ungulate species, such as goats accelerating the spread of alien plants trampling and overgrazing vegetation, (Capra hircus), axis deer (Axis axis), through native forest (Cuddihy and which removes ground cover and black-tailed deer (Odocoileus Stone 1990, Stone 1985). exposes the soil to erosion. Activity of hemionus), cattle (Bos taurus), and other Goats native to the Middle East and deer on Moloka‘i has resulted in loss of domesticated pigs (S. scrofa), for food, India were first successfully introduced habitat for Drosophila differens. The commercial ranching activities, and to the Hawaiian Islands in 1792. Feral axis deer population is not presently hunting. Over the 200 years following goats now occupy a wide variety of managed by the State of Hawai‘i DLNR the introduction of these animals, their habitats from lowland dry forests to or any other agency. numbers increased, and the adverse montane grasslands on Kaua‘i, O‘ahu, Black-tailed deer were first impacts of these feral ungulates on Moloka‘i, Mau‘i, and Hawai‘i, where introduced to Kaua‘i in 1961 for the native vegetation have become they consume native vegetation, trample purpose of sport hunting, and today increasingly apparent. Beyond the direct roots and seedlings, accelerate erosion, probably number well over 500 animals. effect of trampling and grazing native and promote the invasion of alien plants The deer are presently confined to the plants, these feral ungulates have (Stone 1985, van Riper and van Riper western side of the island, where they contributed significantly to the heavy 1982). Goats are significantly degrading feed on a variety of native and alien
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plants (van Riper and van Riper 1982). America, has become naturalized on all much of the Ko‘olau Mountains by the The presence of these deer on Kaua‘i is of the main Hawaiian islands. Like early 1960s, and spread to the Wai‘anae endangering some Drosophila Schinus terebinthifolius, P. cattleianum Mountains by 1970 (Cuddihy and Stone musaphilia habitat. is capable of forming dense stands that 1990). It poses a serious threat to Large-scale ranching of cattle in the exclude other plant species (Cuddihy Drosophila hemipeza, D. obatai, D. Hawaiian Islands began in the middle of and Stone 1990). This alien plant grows substenoptera, and D. tarphytrichia by the 19th century on the islands of primarily in mesic and wet habitats and displacing native plants used by these Kaua‘i, O‘ahu, Mau‘i, and Hawai‘i. Large provides food for several alien animal Hawaiian picture-wings as breeding ranches, tens of thousands of acres in species, including feral pigs and game sites. size, developed on East Mau‘i and birds, which disperse the plant’s seeds Lantana camara, a native of the West Hawai‘i (Cuddihy and Stone 1990) through the forest (Smith 1985, Wagner Indies, became naturalized in dry to where most of the State’s large ranches et al. 1985). Psidium cattleianum is mesic forests and shrublands of the still exist today. Degradation of native considered one of the greatest alien Hawaiian Islands before 1871 (Cuddihy forests used for ranching activities plant threats to Hawai‘i’s rainforests. and Stone 1990). This shrub often forms became evident soon after full-scale Psidium cattleianum is a major invader thick cover and produces chemicals that ranching began. The negative impact of of forests in the Wai‘anae and Ko‘olau inhibit the growth of other plant species cattle on Hawai‘i’s ecosystem is similar Mountains of O‘ahu, where it often (Smith 1985). On Kaua‘i, L. camara is a to that described for goats and deer forms single-species stands. It poses a major component of the vegetation (Cuddihy and Stone 1990, Stone 1985). threat to all proposed species of around the east and west rims of Cattle grazing continues in several Hawaiian picture-wings on O‘ahu. Waimea Canyon and the western ridges, lowland regions in the northern portion Psidium cattleianum also threatens D. and threatens the habitat of Drosophila of the Wai‘anae Mountains of O‘ahu. On musaphilia on Kaua‘i, D. differens on musaphilia. It poses a threat to all Mau‘i, cattle ranching is the primary Moloka‘i, D. neoclavisetae on Mau‘i, proposed species of Hawaiian picture- agricultural activity in many areas and and D. heteroneura, D. mulli, and D. wings on O‘ahu. presently threatens populations of ochrobasis on the island of Hawai‘i. Rubus argutus was introduced to the Drosophila heteroneura and D. First introduced to the Hawaiian Hawaiian Islands in the late 1800s ochrobasis. Islands as cattle fodder, Melinus (Haselwood and Motter 1976). The fruit Most of the plants that serve as minutiflora (molasses grass) was later and seeds of this plant are easily spread breeding sites for these proposed planted for erosion control (Cuddihy by birds to open areas where this plant Hawaiian picture-wings occur as and Stone 1990). This alien grass can form dense, impenetrable thickets understory vegetation beneath the quickly spread to dry and mesic forests (Smith 1985). On Kaua‘i, the habitat of canopy of the Metrosideros polymorpha previously disturbed by ungulates. Drosophila musaphilia is endangered by (‘ohi‘a) and Acacia koa, and are affected Melinus minutiflora produces a dense this noxious weed. by competition with alien weeds. All of mat capable of smothering plants (Smith Passiflora mollissima, a vine in the the 12 Hawaiian picture-wing species 1985), essentially preventing seedling passionflower family, was introduced to being proposed for listing are growth and native plant reproduction the islands in the 1920s, probably as an endangered by loss of host plants due to (Cuddihy and Stone 1990). Because it ornamental. This vine is extremely competition with one or more alien burns readily and often grows at the detrimental to certain wet forest habitats plant species. The most significant of border of forests, this grass tends to of Kaua‘i, Mau‘i, and Hawai‘i. Heavy these alien plants appear to be Schinus carry fire into areas with woody native growth of this vine can cause damage or terebinthifolius (Christmasberry), plants (Cuddihy and Stone 1990, Smith death to the native trees by overloading Psidium cattleianum (strawberry guava), 1985). It is able to spread prolifically branches, causing breakage, or by Melinus minutiflora (molasses grass), after a fire and effectively compete with forming a dense canopy cover, Pennisetum setaceum (fountain grass), less fire-adapted native plant species, intercepting sunlight and shading out Clidemia hirta (Koster’s curse), Lantana ultimately creating a stand of alien grass native plants below. This weed camara (lantana), Passiflora mollissima where forest once stood. Melinus threatens Drosophila musaphilia on (banana poka), Rubus argutus (prickly minutiflora is becoming a major threat Kaua‘i, D. neoclavisetae on Mau‘i, and Florida blackberry), and R. ellipticus to six of the proposed species on four D. heteroneura, D. mulli, and D. (Himalayan raspberry). islands. On Kaua‘i it threatens the ochrobasis on the island of Hawai‘i. Many noxious alien plants, such as habitat of Drosophila musaphilia. In the A recent introduction to the Hawaiian Schinus terebinthifolius, have invaded Wai‘anae Mountains of O‘ahu, M. Islands, Rubus ellipticus is rapidly the dry to mesic lowland regions of the minutiflora threatens the habitat of D. becoming a major weed pest in wet Hawaiian Islands. Introduced to Hawai‘i aglaia, D. hemipeza, D. montgomeryi, D. forests, pastures, and other open areas before 1911, S. terebinthifolius forms obatai, and D. tarphytrichia. on the island of Hawai‘i. It forms large dense thickets that shade out and Pennisetum setaceum has greatly thorny thickets and displaces native displace other plants (Cuddihy and increased fire risk in some regions, plants. Its ability to invade the Stone 1990). This fast-growing tree or especially on the dry slopes of Hual’lai, understory of wet forests enables it to shrub is found in lowland areas of the K’lauea, and Mauna Loa volcanoes on fill a niche presently unoccupied by any major Hawaiian Islands and is currently the island of Hawai‘i. The effects of P. other major wet forest weed in Hawai‘i. expanding its range (Smith 1985). setaceum invasion are similar to those This has resulted in an extremely rapid Schinus terebinthifolius is now a major discussed above for Melinus population expansion of this alien plant component of the mesic forests of the minutiflora. Pennisetum setaceum in recent years. Rubus ellipticus Wai‘anae and Ko‘olau mountains of threatens the native vegetation on the threatens the habitat of Drosophila O‘ahu and currently threatens the leeward slopes of Hual’lai in a region heteroneura, D. mulli, and D. habitat of Drosophila aglaia, D. where Drosophila heteroneura and D. ochrobasis. hemipeza, D. montgomeryi, D. obatai, ochrobasis occur. Fire threatens species of Hawaiian and D. tarphytrichia. Clidemia hirta, a noxious shrub native picture-wings living in dry to mesic Psidium cattleianum, an invasive to tropical America, was first reported grassland, shrubland, and forests on two shrub or small tree native to tropical on O‘ahu in 1941. It had spread through islands. On Kaua‘i, fire is a significant
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threat to Drosophila musaphilia. Hawaiian insect fauna (Asquith 1995). discovered on an isolated peak on the Hurricane Iniki, in 1992, resulted in an Species of social Hymenoptera (ants and island of O‘ahu under a radio tower. enormous fuel load of downed woody some wasps) and parasitic wasps pose The long-legged ant (Anoplolepis debris and significantly raised the the greatest threat to the Hawaiian longipes) appeared in Hawai‘i in 1952 potential for serious fires on the western picture-wings. Ants and other social and now occurs on O‘ahu, Mau‘i, and slopes of Kaua‘i (Hawai‘i DLNR- insects frequently dominate the Hawai‘i (Reimer et al. 1990). It inhabits Department of Forestry and Wildlife ecologies of tropical ecosystems and low-elevation (less than 600 m (2,000 1993) . On O‘ahu, fire is a potential strongly influence the evolution of ft)), rocky areas of moderate rainfall threat to D. montgomeryi, D. aglaia, and certain plants and animals. However, all (less than 250 cm (100 in.) annually) D. obatai in the Wai‘anae Mountains. of the native Hawaiian arthropods, (Reimer et al. 1990). Direct observations The effects of fires on native Hawaiian including the Hawaiian picture-wings, indicate that Hawaiian arthropods are vegetation are largely deleterious, evolved without the predation influence susceptible to predation by this species tipping the competitive balance toward of ants or social wasps, and the (Gillespie and Reimer 1993), and Hardy alien species. Unlike native plant subsequent arrival of these new groups (1979) documented the disappearance of species, many alien plant species to the Hawaiian islands has been most native insects from Kipahulu recover quickly and increase in cover devastating to the relatively defenseless Stream on Mau‘i after the area was following fires (Cudihy and Stone 1990). native Hawaiian invertebrate flora. invaded by the long-legged ant. Hawaiian picture-wing habitat that is Ants can be particularly destructive At least two species of fire ants, damaged or destroyed by fire is likely to predators because of their high Solenopsis geminita and S. papuana, are be invaded and revegetated by alien densities, recruitment behavior, also important threats (Reagan 1986; plants that cannot be used as host plants aggressiveness, and broad range of diet Gillespie and Reimer 1993) and occur by picture-wings. (Reimer 1993). These attributes allow on all the major islands (Reimer et al. Two Hawaiian picture wings, some ants to affect prey populations 1990). Solenopsis geminita is known to Drosophila obatai and D. aglaia, occur independent of prey density; thus ants be a significant predator on pest fruit on Federal property at Pu‘u Pane, a part can locate and destroy isolated flies (Diptera: Tephritidae) in Hawai‘i of the United States Army’s Schofield populations and individuals (Nafus (Wong and Wong 1988). Solenopsis Barracks Military Reservation. The 1993). At least 36 species of ants are papuana is the only abundant, gently sloping lands below Pu‘u Pane known to be established in the aggressive ant that has invaded intact are used as a live firing range, and Hawaiian Islands, and particularly mesic forest above 600 m (2,000 ft) and ordnance-induced fires are a common aggressive species have had severe is still expanding its range in Hawai‘i occurrence. Although firebreak roads effects on the native insect fauna (Reimer 1993). have been constructed around the (Zimmerman 1948). By the late 1870s, Numerous other ant species are perimeter of the firing range, the big-headed ant (Pheidole recognized as threats to native uncontrollable fire still remains a threat megacephala) was present in Hawai‘i, invertebrates, and additional species to these species and their habitat. and its predation on native insects was become established almost yearly. noted by the early Hawaiian naturalist While the larvae of most of the B. Overutilization for Commercial, R.C.L. Perkins (1913), ‘‘It may be said Hawaiian picture-wings feed deep in the Recreational, Scientific, or Educational that no native Hawaiian Coleoptera substrate of the host plant, they emerge Purposes insect can resist this predator, and it is and move away to pupate in the ground, Overutilization is not a threat to any practically useless to attempt to collect thus exposing themselves to predation of the proposed Hawaiian picture- where it is well established. Just on the by ants. Upon newly emerging as adults, wings. While these and other species are limits of its range, one may occasionally these flies are particularly susceptible to valuable and popular as scientific meet with a few native beetles (e.g., predation. Adult picture-wings have research subjects, only a small number species of Plagithmysus), often with been observed with ants attached to of researchers actively engage in field these ants attached to their legs and their legs (Kaneshiro and Kaneshiro collections of these taxa. The bodies, but sooner or later they are quite 1995). individuals involved in this activity are exterminated from these localities.’’ Another group of social insects that professional biologists, knowledgeable With few exceptions, native insects are voracious predators and were and cognizant of the biology and have been eliminated from areas where originally absent from Hawai‘i are conservation status of these animals. the big-headed ant is present (Perkins yellowjacket wasps (Hymenoptera: Because of the special collecting 1913, Gagne 1979, Gillespie and Reimer Vespidae). In 1977, an aggressive race of techniques involved, the use of these 1993), and it has been documented to the western yellowjacket (Paravespula flies by more people for any purpose is completely exterminate populations of pennsylvanica) became established in highly unlikely. In addition, the native insects. Hawai‘i and is now abundant at most collection of small numbers of adult The Argentine ant (Iridomyrmex higher elevations (Gambino et al. 1990). flies would have little impact on the humilis) was discovered on the island of In Haleakala National Park on Mau‘i, viability of a population, and such O‘ahu in 1940 and is now established yellowjackets were found to forage collection is necessary for accurate on all the main islands. Unlike the big- predominantly on native arthropods identification and conservation headed ant, the Argentine ant is (Gambino et al. 1987, 1990, Gambino research. primarily confined to higher elevations and Loope 1992). Overwintering (Reimer et al. 1990). This species has yellowjacket colonies in Hawai‘i can C. Disease or Predation been demonstrated to reduce produce over half a million foragers that Over 2,500 alien arthropods are now populations or even eliminate native consume tens of millions of arthropods, established in Hawai‘i (Howarth 1990, arthropods at high elevations in and evidence exists for localized Howarth et al. 1995, Nishida 1994), Haleakala National Park on Mau‘i (Cole reduction in native arthropod with a continuing establishment rate of et al. 1992). While this species does not abundance (Gambino and Loope 1992). 10-20 new species per year (Beardsley disperse by flight, colonies are moved Yellowjackets have been observed 1962, 1979). Many of these alien species about with soil and construction preying on Hawaiian picture-wings have severe effects on the native material; a colony was recently (Kaneshiro and Kaneshiro 1995), and
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the establishment of this species on the exempted all other organisms from causing direct mortality, habitat island of Hawai‘i corresponded with a requirements of FIFRA, because it has destruction or modification, and the significant decline in several species of determined that they are regulated by spread of invasive alien plants. The Hawaiian picture-wings (Carson 1982b, the U.S. Department of Agriculture’s continued existence of these picture- 1986, Foote and Carson 1995). Animal and Plant Health Inspection wings is further complicated by their Yellowjackets pose a serious threat to all Service (USDA–APHIS). The State of limited habitat. Drosophila mulli is only Hawaiian picture-wing species in this Hawai‘i requires that new introductions found at one location on the island of proposed rulemaking. be reviewed by special committees Hawai‘i within a localized patch of Hawai‘i also has a limited number of before release (HRS Chapt. 150A), and Pritchardia beccariana. Adults are native parasitic Hymenoptera (wasps), current USDA–APHIS policy is to found only on the undersides of this with only species of Eucoiliidae submit permit application materials, plant, and further associations between recorded to utilize Hawaiian picture- including an environmental assessment D. mulli and this host plant are likely. wings as hosts. Several species of alien or environmental impact statement, to Drosophila neoclavisetae is restricted to braconid wasps, Diaschasmimorpha the Service’s Pacific Islands Office for a ridgetop on the island of Mau‘i where tryoni, D. longicaudatus, Opius review under section 7 of the Act and it has been found only within a small vandenboschi, and Biosteres arisanus, National Environmental Policy Act patch of endemic Cyanea spp. were purposefully introduced into (NEPA). However, predicting from Drosophila heteroneura was believed to Hawai‘i to control several species of laboratory studies the impacts be extinct until it was rediscovered on pest tephritid fruit flies (Funasaki et al. introduced species may have on an private acreage at Huala¯lai Volcano in 1988). However, none of these parasitic ecosystem is difficult (Kauffman and 1993. This remaining population is wasps are specific to the pest flies, but Nechols 1992) and the purposeful extremely small, with a 90 percent are known to attack other species of release or augmentation of any Dipteran reduction from historical abundance flies, including native Hawaiian predator or parasitoid is a potential (Kaneshiro and Kaneshiro 1995). Tephritidae. While these wasps have threat to these 12 species of Hawaiian Naturally occurring random events such not been recorded parasitizing Hawaiian picture-wing flies. as hurricanes or landslides may destroy picture-wings, and may not successfully Federal listing would automatically vital P. beccariana or Cyanea spp., thus develop in Drosophilidae, females will invoke listing under Hawai‘i State law, placing D. mulli and D. neoclavisetae at sting any fly larva available and can which prohibits taking and encourages significant risk of extinction by cause significant mortality (T. Duan, conservation by State government eliminating the only habitat in which University of Hawai‘i, pers. comm., agencies. Hawai‘i’s Endangered Species they have been found. Additionally, the 1995). Large extensive releases of these Act (HRS, Sect. 195D–4(a)) states, ‘‘Any destruction of native plants opens a wasps or introductions of new species species of aquatic life, wildlife, or land niche for the establishment of pose potential threats to Hawaiian plant that has been determined to be an introduced alien plant species. Once picture-wings. endangered species pursuant to the alien species are established, it is (Federal) Endangered Species Act shall D. The Inadequacy of Existing difficult for native plants, including be deemed to be an endangered species Regulatory Mechanisms host plants for Drosophila spp., to under the provisions of this chapter and recover and thrive successfully. Currently, no Federal, State, or local any indigenous species of aquatic life, The Service has carefully assessed the laws, treaties, and/or regulations wildlife, or land plant that has been best scientific and commercial specifically apply to the 12 proposed determined to be a threatened species information available regarding the past, species of Hawaiian picture-wings. pursuant to the (Federal) Endangered present, and future threats faced by the Some of the species may indirectly Species Act shall be deemed to be a 12 species in determining to propose receive some protection under Federal threatened species under the provisions this rule. Based on this evaluation, the and State laws because they utilize host of this chapter.’’ State regulations proposed action is to list Drosophila plants that are protected under the prohibit the removal, destruction, or aglaia, D. differens, D. hemipeza, D. Federal Endangered Species Act and the damage of federally listed animals heteroneura, D. montgomeryi, D. mulli, State of Hawai‘i’s Endangered Species found on State lands (HRS, Sect. 195D– D. musaphilia, D. neoclavisetae, D. Act. This indirect protection, however, 4(e)). Further, the State may enter into obatai, D. ochrobasis, D. substenoptera, is not sufficient since the species of agreements with Federal agencies to and D. tarphytrichia, as endangered. All Hawaiian picture-wings that utilize administer and manage any area 12 species are endangered by one or protected host plants may not be required for the conservation, more of the following: habitat physically present on the host plants at management, enhancement, or degradation by pigs, goats, deer, cattle, all times and because some threats to protection of endangered species (HRS, and alien plants; habitat loss from fire; these Hawaiian picture-wings can occur Sect. 195D–5(c)). Funds for these predation by ants and alien wasps; and regardless of their presence on a activities could be made available under biological pest control. Three species protected host plant. section 6 (Cooperation with the States) are known from less than three As stated above, alien parasitic wasps of the Act. Federal listing of these populations, making them susceptible to pose a threat to the Hawaiian picture- species will, therefore, trigger the extinction from naturally occurring wings. Some alien wasp species have protection available under State law. random events. Because these 12 been introduced by Federal and State species are in danger of extinction E. Other Natural or Manmade Factors agencies for biological control of pest throughout all or a significant portion of Affecting Its Continued Existence flies. The U.S. Environmental Protection their ranges, they fit the definition of Agency (EPA), under the authority of The small number of populations of endangered as defined in the Act. the Federal Insecticide, Fungicide and Drosophila neoclavisetae, D. mulli, and Therefore, the Service proposes to list Rodenticide Act (FIFRA), regulates D. heteroneura puts these species at risk these species as endangered. biological control agents as pesticides. of extinction from naturally occurring, However, EPA only regulates yet relatively common, events such as Critical Habitat microorganisms (i.e., bacteria, fungi, hurricanes and landslides. A hurricane In the last few years, a series of court protozoa, and viruses). EPA has could cause total population loss by decisions has overturned our
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determinations regarding a variety of Critical habitat is not determinable Drosophila species are microbivores species that designation of critical when one or both of the following (fungus feeders) and little is known habitat would not be prudent (e.g., situations exist: the information needed about their bacteria and fungal Natural Resources Defense Council v. to analyze the impacts of the requirements or about the ability of host U.S. Department of the Interior 113 F. designation is lacking, or the biological plant species to support them. This 3d 1121 (9th Cir. 1997); Conservation needs of the species are not sufficiently information is needed to determine Council for Hawaii v. Babbitt, 2 F. Supp. well known to permit identification of what primary constituent elements are 2d 1280 (D. Hawaii 1998)). Based on the an area as critical habitat (50 CFR needed for fly larvae to survive. standards applied in those judicial 424.12). Currently, we have found that Finally, we are currently unable to opinions, we have examined the critical habitat for the 12 Drosophila determine the inter-specific question of whether critical habitat for flies is not determinable based on our relationships between these species and the 12 species of Drosophila flies would inadequate knowledge about the other, more common species of be prudent. relationship of the flies to their primary Drosophila, introduced tipulids (crane Although the 12 species have small and secondary host plant(s), the flies), and other non-native fly species. population sizes, they do not appear to distributions of these host plant(s), the Preliminary research strongly suggests be vulnerable to unrestricted collection, bacteria and fungal communities that inter-generic competition is vandalism, or other intentional necessary for successful Drosophila potentially an important limiting factor disturbance at this time. We remain larval development, and the for the picture-wing Drosophila and concerned that these threats might be relationship of these flies to other native may inhibit or limit their use of certain exacerbated by the publication of and nonnative flies. host plants. Additional information on critical habitat maps and further As discussed in the Background these interrelationships will assist in dissemination of locational information. section of this proposed rule, each of the determining what impacts these However, we have examined the twelve species of Drosophila proposed relationships have on the habitat evidence available and have not found for listing is restricted geographically to requirements of these 12 flies. specific evidence of taking, vandalism, a single island; six species are reported When we find that critical habitat is collection, or trade of this species or any from Oahu, three species are reported not determinable, our regulations (50 similarly situated species. from the island of Hawaii, and one CFR 424.17) provide that, within one Consequently, consistent with species, each, is reported from Kauai, year of the date of the final rule listing applicable regulations (50 CFR Molokai, and Maui. All twelve species the species, we must publish a final rule 424.12(a)(1)(i)) and recent case law, we appear to have highly specialized designating critical habitat, based on the do not expect that the identification of breeding sites; they use small sections of best information available at the time. critical habitat will increase the degree fermenting or rotting areas on their host Due to a limited listing budget, we plan of threat to this species of taking or plant(s). The host plants are also, in to employ a priority system for deciding other human activity. many cases, ‘‘single-island endemics’’. which outstanding critical habitat In the absence of a finding that critical Some, in fact, have already been designations should be addressed first. habitat would increase threats to a independently listed as endangered or We will focus our efforts on those species, if any benefits would result threatened and their locations are designations that will provide the most from critical habitat designation, then a available through various government conservation benefit, taking into prudent finding is warranted. In the and privately-sponsored databases and consideration the efficacy of critical case of these species, some benefits may from individual botanists. habitat designation in addressing the result from designation of critical Unfortunately, information on the threats to the species, and the habitat. The primary regulatory effect of specific locations of other host plants magnitude and immediacy of those critical habitat is the section 7 may not be known, making threats. Therefore, if these species are requirement that Federal agencies determination of critical habitat listed, we will develop a proposal to refrain from taking any action that difficult. In addition, we do not designate critical habitat for the 12 destroys or adversely modifies critical currently understand the relationship species of Drosophila flies as soon as habitat. While a critical habitat between the primary and the secondary feasible, considering our workload designation for habitat currently host plant(s) and their associated priorities, as outlined in our priority occupied by these species would not be Drosophila species. Factors that system, and available funding. likely to change the section 7 determine host suitability may include Available Conservation Measures consultation outcome, because an action host plant size, the size and age of a that destroys or adversely modifies such rotting area upon which the larvae feed, Conservation measures provided to critical habitat would also be likely to the position of the rotting area with species listed as endangered or result in jeopardy to the species, in respect to the surrounding vegetation, threatened under the Endangered some instances section 7 consultation soil moisture, relative humidity, Species Act include recognition, might be triggered only if critical habitat frequency of rainfall and fog drip, and recovery actions, requirements for is designated. Examples include the presence or absence of other detritus Federal protection, and prohibitions unoccupied habitat or occupied habitat (decaying organic matter) feeders, such against certain activities. Recognition that may become unoccupied in the as slugs and earthworms. However, it is through listing encourages public future. Designating critical habitat may not clear from currently available awareness and results in conservation also provide some educational or information which, or if all, of these actions by Federal, State, and private informational benefits. Therefore, we factor(s) are essential for the long-term agencies, groups, and individuals. The propose that critical habitat is prudent conservation of each Drosophila species. Act provides for possible land for Drosophila aglaia, D. differens, D. We are also unable to determine acquisition and cooperation with the hemipeza, D. heteroneura, D. critical habitat for these flies based on State and requires that recovery actions montgomeryi, D. mulli, D. musaphilia, the lack of information on the bacteria be carried out for all listed species. D. neoclavisetae, D. obatai, D. and fungal communities necessary for Funding may be available through ochrobasis, D. substenoptera, and D. successful Drosophila larval section 6 of the Act for the State to tarphytrichia. development. The larvae of all twelve conduct recovery activities. The
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protection required of Federal agencies The Act and its implementing hunting. Activities that occur under a and the prohibitions against certain regulations set forth a series of general valid incidental take permit or in activities involving listed animals are prohibitions and exceptions that apply accordance with a section 7 discussed, in part, below. to all endangered wildlife. The consultation would not violate section Listing the 12 Drosophila species prohibitions of section 9(a)(2) of the Act, 9. provides for the development and implemented by 50 CFR 17.21 for Questions regarding whether specific implementation of recovery plans for endangered species, make it illegal for activities will constitute a violation of these species. These plans will bring any person subject to the jurisdiction of section 9 of the Act should be directed together Federal, State, and regional the United States to take (includes to the Manager of the Pacific Islands agency efforts for the conservation of the harass, harm, pursue, hunt, shoot, Ecoregion (see ADDRESSES section). species. Recovery plans will establish a wound, kill, trap, capture, or collect; or If these Hawaiian picture-wing flies framework for agencies to coordinate to attempt any of these), import or are listed under the Act, the State of their recovery efforts. The plans will set export, ship in interstate or foreign Hawai‘i Endangered Species Act (HRS, recovery priorities and estimate the commerce in the course of a commercial Sect. 195D–4(a)) is automatically costs of the tasks necessary to activity, or sell or offer for sale in invoked, prohibiting taking and accomplish the priorities. They will also interstate or foreign commerce any encouraging conservation by State describe the site-specific management endangered wildlife species. It is also government agencies. Further, the State actions necessary to achieve illegal to possess, sell, deliver, carry, may enter into agreements with Federal conservation and survival of these transport, or ship any such wildlife that agencies to administer and manage any species. has been taken illegally. Certain area required for the conservation, Section 7(a) of the Act, as amended, exceptions apply to agents of the management, enhancement, or requires Federal agencies to evaluate Service and State conservation agencies. protection of endangered species (HRS, their actions with respect to any species Permits may be issued to carry out Sect. 195D–5(c)). Funds for these that is proposed or listed as endangered otherwise prohibited activities activities could be made available under or threatened. Regulations involving endangered wildlife under section 6 of the Act (State Cooperative implementing this interagency certain circumstances. Regulations Agreements). Thus, the Federal cooperation provision of the Act are governing permits are codified at 50 protection afforded to these species by codified at 50 CFR part 402. Section CFR 17.22 and 17.23. Such permits are listing them as endangered species will 7(a)(4) of the Act requires Federal available for scientific purposes, to be reinforced and supplemented by agencies to confer informally with us on enhance the propagation or survival of protection under State law. any action that is likely to jeopardize the species, and/or for incidental take in the continued existence of a proposed the course of otherwise lawful activities. Public Comments Solicited species or result in destruction or Requests for copies of the regulations We intend that any final action adverse modification of proposed regarding listed wildlife and inquiries resulting from this proposal will be as critical habitat. If a species is listed about permits and prohibitions may be accurate and as effective as possible. subsequently, section 7(a)(2) requires addressed to the U.S. Fish and Wildlife Therefore, comments or suggestions Federal agencies to insure that activities Service, Endangered Species Permits, from the public, other concerned they authorize, fund, or carry out are not 911 Northeast 11th Avenue, Portland, governmental agencies, the scientific likely to jeopardize the continued Oregon 97232–4181 (telephone 503/ community, industry, or any other existence of a listed species or to 231–6241; facsimile 503/231–6243). interested party concerning this destroy or adversely modify its critical As published in the Federal Register proposed rule are hereby solicited. habitat. If a Federal action may affect a on July 1, 1994, (59 FR 34272), our Comments particularly are sought listed species or its critical habitat, the policy is to identify, to the maximum concerning: responsible Federal agency must enter extent practicable at the time a species (1) Biological, commercial, or other into formal consultation with us. is listed, those activities that would or relevant data concerning any threat (or Federal agency actions that may would not be likely to constitute a lack thereof) to these species; require conference and/or consultation violation of section 9 of the Act. The (2) The location of any additional as described in the preceding paragraph intent of this policy is to increase public populations of these species; include, but are not limited to: Army awareness of the effect of the listing on (3) Identification of habitat that Corps of Engineers involvement in proposed and ongoing activities within should be designated as critical habitat projects, such as the construction of a species’ range. Likely activities that and the reasons why this habitat should roads, bridges, and dredging projects, we believe could potentially result in a be determined to be critical habitat subject to section 404 of the Clean Water violation of section 9 of the Act include, pursuant to section 4 of the Act or any Act (33 U.S.C. 1344 et seq.) and section but are not limited to, the following: reasons why critical habitat should not 10 of the Rivers and Harbors Act of 1899 road and firebreak construction; military be designated; (33 U.S.C. 401 et seq.); U.S. troop movements; loss of habitat due to (4) Additional information concerning Environmental Protection Agency fire resulting from the use of military the range, distribution, and population authorized discharges under the ammunition; intentional release or size of these species; and National Pollutant Discharge augmentation of biological control (5) Current or planned activities in the Elimination System (NPDES); U.S. agents; introduction of other alien subject area and their possible impacts Department of Agriculture involved in species; and collection of individuals on these species. release or permitting release of for any purpose without a permit. Final issuance of regulations on these biological control agents under the Plant Activities that we believe would not species will take into consideration the Pest Act; military training and activity likely result in a violation of section 9 comments and any additional carried out by the U.S. Department of of the Act include, but are not limited information received by the Service, and Defense; and projects by the Natural to, non-destructive activities in areas such communications may lead to a Resources Conservation Service and occupied by these species, such as final regulation that differs from this U.S. Department of Housing and Urban hiking, collecting non-host plants for proposal. In accordance with Development. cultural usage (e.g., hula halau), and interagency policy published on July 1,
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1994 (59 FR 34270), upon publication of we will not consider anonymous available upon request from Pacific this proposed rule in the Federal comments. We will make all Islands Ecoregion (see ADDRESSES Register we will solicit expert reviews submissions from organizations or section). by at least three specialists regarding businesses, and from individuals Author pertinent scientific or commercial data identifying themselves as and assumptions relating to the representatives or officials of The primary author of this document taxonomic, biological, and ecological organizations or businesses, available is Dr. Adam Asquith, U.S. Fish and information for the three species. The for public inspection in their entirety. Wildlife Service, Pacific Islands purpose of such a review is to ensure Electronic Access and Filing Ecoregion (see ADDRESSES section). that listing decisions are based on scientifically sound data, assumptions, You may send comments by e-mail to List of Subjects in 50 CFR Part 17 and analyses, including the input of [email protected]. Please submit Endangered and threatened species, appropriate experts. We will summarize these comments as an ASCII file and Exports, Imports, Reporting and the opinions of these reviewers in the avoid the use of special characters and recordkeeping requirements, and final decision document. The final any form of encryption. Please also Transportation. determination may differ from this include ‘‘Attn: 1018–AG23’’ and your proposal based upon the information we name and return address in your e-mail Proposed Regulation Promulgation receive. message. If you do not receive a confirmation from the system that we Accordingly, the Service hereby You may request a public hearing on have received your e-mail message, proposes to amend part 17, subchapter this proposal. Your request for a hearing contact us directly by calling our Pacific B of chapter I, title 50 of the Code of must be made in writing and filed Islands Office at phone number 808– Federal Regulations, as set forth below: within 45 days of the date of publication 541–3441. of this proposal in the Federal Register. PART 17—[AMENDED] Address your requests to the Field National Environmental Policy Act Supervisor (see ADDRESSES section). We have determined that 1. The authority citation for Part 17 Our practice is to make comments, environmental assessments and continues to read as follows: including names and home addresses of environmental impact statements, as Authority: 16 U.S.C. 1361–1407; 16 U.S.C. respondents, available for public review defined under the authority of the 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– during regular business hours. National Environmental Policy Act of 625, 100 Stat. 3500, unless otherwise noted. Individual respondents may request that 1969, need not be prepared in we withhold their home address from connection with regulations adopted 2. Section 17.11(h) is amended by the rulemaking record, which we will pursuant to section 4(a) of the Act. We adding the following, in alphabetical honor to the extent allowable by law. In published a notice outlining our reasons order under the family indicated, to the some circumstances, we would for this determination in the Federal List of Endangered and Threatened withhold from the rulemaking record a Register on October 25, 1983 (48 FR Wildlife to read as follows: respondent’s identity, as allowable by 49244). § 17.11 Endangered and threatened law. If you wish for us to withhold your wildlife. name and/or address, you must state References Cited this request prominently at the A complete list of all references and * * * * * beginning of your comment. However, data cited herein, as well as others, is (h) * * *
Species Vertebrate population Historic range where endangered or Status When Critical Common name Scientific name threatened listed habitat
INSECTS
******* Fly, Hawaiian picture-wing Drosophila aglaia ...... U.S.A. (HI) ...... NA ...... E NA NA Fly, Hawaiian picture-wing Drosophila differens ...... U.S.A. (HI) ...... NA ...... E NA NA Fly, Hawaiian picture-wing Drosophila hemipeza ...... U.S.A. (HI) ...... NA ...... E NA NA Fly, Hawaiian picture-wing Drosophila heteroneura ... U.S.A. (HI) ...... NA ...... E NA NA Fly, Hawaiian picture-wing Drosophila montgomeryi .. U.S.A. (HI) ...... NA ...... E NA NA Fly, Hawaiian picture-wing Drosophila mulli ...... U.S.A. (HI) ...... NA ...... E NA NA Fly, Hawaiian picture-wing Drosophila musaphilia ...... U.S.A. (HI) ...... NA ...... E NA NA Fly, Hawaiian picture-wing Drosophila neoclavisetae U.S.A. (HI) ...... NA ...... E NA NA Fly, Hawaiian picture-wing Drosophila obatai ...... U.S.A. (HI) ...... NA ...... E NA NA Fly, Hawaiian picture-wing Drosophila ochrobasis ..... U.S.A. (HI) ...... NA ...... E NA NA Fly, Hawaiian picture-wing Drosophila substenoptera U.S.A. (HI) ...... NA ...... E NA NA
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Species Vertebrate population Historic range where endangered or Status When Critical Common name Scientific name threatened listed habitat
Fly, Hawaiian picture-wing Drosophila tarphytrichia ... U.S.A. (HI) ...... NA ...... E NA NA
*******
Dated: December 15, 2000. Gravel, or delivered to the Federal 3651). The final rule implementing the Jamie Rappaport Clark, Building, 709 West 9th Street, Juneau, LLP specifies that fishing will begin Director, Fish and Wildlife Service. AK. Comments may also be sent by under the LLP on January 1, 2000 (63 FR [FR Doc. 01–1338 Filed 1–16–01; 8:45 am] facsimile (fax) to 907-586-7465. 52642, October 1, 1998). Comments will not be accepted if BILLING CODE 4310–55–U If approved, Amendments 60, 58, and submitted via e-mail or Internet. Copies 10 would make several changes to the of Amendments 60, 58, and 10 and the final rule implementing the LLP. First, DEPARTMENT OF COMMERCE Environmental Assessment/Regulatory Impact Review/Initial Regulatory the Council recommended that recent National Oceanic and Atmospheric Flexibility Analysis prepared for the participation criteria be added to the Administration proposed plan amendments are eligibility requirements for a crab available from the North Pacific Fishery species license. Originally, a person 50 CFR Part 679 Management Council, 605 West 4th applying for a crab species license had Ave., Suite 306, Anchorage, AK 99501- to demonstrate that documented [I.D. 010301D] 2252; telephone 907-271-2809. harvests were made from a qualifying RIN 0648-AL95 FOR FURTHER INFORMATION CONTACT: Jim vessel during two periods, the general Hale, 907-586-7228. qualification period (GQP) and the Fisheries of the Exclusive Economic SUPPLEMENTARY INFORMATION: endorsement qualification period (EQP). Zone Off Alaska; Amendments to If approved, Amendment 10 would add Alaska Groundfish and Crab Fishery Background a third period, the recent participation Management Plans to Revise the The Magnuson-Stevens Act requires period (RPP), in which a person would License Limitation Program that each Regional Fishery Management have to demonstrate that documented AGENCY: National Marine Fisheries Council submit any fishery management harvests of crab were made from a Service (NMFS), National Oceanic and plan or plan amendment it prepares to qualifying vessel. The RPP was added to Atmospheric Administration (NOAA), NMFS for review and approval, the eligibility requirements for a crab Commerce. disapproval, or partial approval. The species license because of the Council’s Magnuson-Stevens Act also requires ACTION: concern that a crab species license Notice of availability of that NMFS, after receiving a fishery could be issued to a person whose amendments to fishery management management plan or plan amendment, plans; request for comments. immediately publish a notice in the eligibility was based on participation Federal Register that the fishery that has been inactive since 1995. These SUMMARY: The North Pacific Fishery ‘‘latent licenses’’ could be transferred to Management Council (Council) has management plan or plan amendment is available for public review and persons who would become active in submitted Amendment 60 to the Fishery the fishery. Such transfers would be Management Plan for the Groundfish comment. This action constitutes such notice for Amendments 60, 58, and 10 contrary to the purpose of the LLP Fishery of the Bering Sea and Aleutian because it would create the potential to Islands Area, Amendment 58 to the to the FMPs. NMFS will consider public increase fishing effort above the current Fishery Management Plan for comments received during the comment levels in the crab fisheries. Except under Groundfish of the Gulf of Alaska and period in determining whether to specific exemptions provided in the Amendment 10 to the Fishery approve these proposed plan FMP amendments, the RPP would Management Plan for the Commercial amendments. To be considered, a King and Tanner Crab Fisheries in the comment must be received by the close require that a person demonstrate that at of business on the last day of the Bering Sea and the Aleutian Islands least one documented harvest of any comment period. (FMPs). These plan amendments are crab species was made during the In June 1995, the Council necessary to implement changes to the period beginning January 1, 1996, recommended that NMFS implement through February 7, 1998. License Limitation Program (LLP) as the LLP to address concerns of excess recommended by the Council and are capital in the groundfish and crab The Council’s second intended to further the objectives of the fisheries off Alaska. The LLP is the recommendation is to require that the Magnuson-Stevens Fishery second stage of a multi-staged process to vessel designated on the LLP license be Conservation and Management Act reduce capacity in the affected fisheries. transferred with the LLP license, if that (Magnuson-Stevens Act) and the FMPs. The LLP will replace the Vessel LLP license was issued based on DATES: Comments on Amendments 60, Moratorium Program (VMP), a program documented harvests made from a 58, and 10 must be submitted by March implemented by NMFS on January 1, vessel without a Federal Fisheries 19, 2001. 1996, to impose a temporary Permit. A Federal Fisheries Permit is ADDRESSES: Comments on the proposed moratorium on the entry of new required for any vessel that participates plan amendments should be submitted capacity in the groundfish and crab in a Federal groundfish fishery off to Sue Salveson, Assistant Regional fisheries off Alaska and to define the Alaska. If a vessel did not participate in Administrator for Sustainable Fisheries, class of entities that would be eligible Federal groundfish fisheries off Alaska, Alaska Region, NMFS, P.O. Box 21668, for licenses under the LLP. The VMP its qualifying documented harvests must Juneau, Alaska, 99802, Attn: Lori expired on December 31, 1999 (64 FR have occurred in waters of the State of
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