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65466 Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Rules and Regulations

DEPARTMENT OF THE INTERIOR may warrant protection through listing • Habitat loss and fragmentation or if it is endangered or threatened degradation due to agriculture and Fish and Wildlife Service throughout all or a significant portion of urban development, nonnative its range. Listing a as an ungulates, and nonnative plants. 50 CFR Part 17 endangered or threatened species can • Collection for commercial purposes only be completed by issuing a rule. (snails only). [Docket No. FWS–R1–ES–2015–0128; • 4500030113] Critical habitat is to be designated, to Predation by nonnative snails and the maximum extent prudent and nonnative flatworms (snails only). • RIN 1018–AZ97 determinable, for any species Predation by feral cats and rats. • Small numbers of individuals and Endangered and Threatened Wildlife determined to be an endangered or threatened species under the Act. populations. and Plants; Endangered Status for Five Existing regulatory mechanisms do not Species From American What this rule does. This rule will finalize the listing of two American adequately address these threats. AGENCY: Fish and Wildlife Service, Samoa land snails, zebrina (no Environmental effects from climate Interior. common name) and strigatus change are likely to exacerbate many of these threats, and may become a direct ACTION: Final rule. (no common name), the distinct population segment threat to all five species in the future. Peer review and public comment. We SUMMARY: We, the U.S. Fish and (DPS) of the friendly ground-dove sought comments on our proposal from Wildlife Service (Service), determine (Gallicolumba stairi), and the Pacific 16 independent specialists to ensure endangered status under the sheath-tailed bat (South Pacific that our determination is based on Act of 1973, as subspecies) (Emballonura semicaudata scientifically sound data, assumptions, amended, for two endemic American semicaudata; ‘‘bat’’ or ‘‘Pacific sheath- and analyses. We also considered all Samoan land snails ( and tailed bat’’ hereafter) and the comments and information received Ostodes strigatus), the American Samoa ( samoensis) as endangered during the public comment periods and distinct population segment of the species. public hearing. friendly ground-dove, the Pacific Delineation of critical habitat sheath-tailed bat, (South Pacific requires, within the geographical area Previous Federal Action subspecies) (Emballonura semicaudata occupied by the species, identification semicaudata), and the mao Please refer to the proposed listing of the physical or biological features rule, published in the Federal Register (Gymnomyza samoensis). The effect of essential to the species’ conservation. this regulation will be to add these on October 13, 2015 (80 FR 61568), for Information regarding the life functions previous Federal actions for these species to the List of Endangered and and habitats associated with these life Threatened Wildlife. species prior to that date. The functions is complex, and informative publication of the proposed listing rule DATES: This rule becomes effective data are largely lacking for the five opened a 60-day public comment period October 24, 2016. species from American Samoa. A careful that closed on December 14, 2015. We ADDRESSES: This final rule is available assessment of the areas that may have published a public notice of the on the internet at http:// the physical or biological features proposed rule on October 21, 2015, in www.regulations.gov and http:// essential for the conservation of the the local Samoa News newspaper, at the www.fws.gov/pacificislands. Comments species and that may require special beginning of the comment period. On and materials we received, as well as management considerations or January 5, 2016 (81 FR 214), we supporting documentation we used in protections, and thus qualify for published a notice reopening the preparing this rule, are available for designation as critical habitat, will comment period for an additional 30 public inspection at http:// require a thorough assessment. We days in order to allow interested parties www.regulations.gov. Comments, require additional time to analyze the more time to comment on the proposed materials, and documentation that we best available scientific data in order to rule. In that same document, we considered in this rulemaking will be identify specific areas appropriate for announced the date and time of the available by appointment, during critical habitat designation and to public hearing and informational normal business hours at: U.S. Fish and prepare and process a proposed rule. meeting held on January 21, 2016, Wildlife Service, Pacific Islands Fish Accordingly, critical habitat is not Island, American Samoa. The and Wildlife Office, 300 Ala Moana determinable at this time. second comment period closed on Boulevard, Room 3–122, Honolulu, HI The basis for our action. Under the February 4, 2016. In total, we accepted 96850; by telephone at 808–792–9400; Act, we can determine that a species is public comments on the proposed rule or by facsimile at 808–792–9581. an endangered or threatened species for 90 days. FOR FURTHER INFORMATION CONTACT: based on any of five factors: (A) The Mary Abrams, Field Supervisor, Pacific present or threatened destruction, Summary of Comments and Islands Fish and Wildlife Office, 300 modification, or curtailment of its Recommendations Ala Moana Boulevard, Honolulu, HI habitat or range; (B) Overutilization for We solicited comments during the 60- 96850, by telephone 808–792–9400 or commercial, recreational, scientific, or day public comment period (80 FR by facsimile 808–792–9581. Persons educational purposes; (C) Disease or 61568, October 13, 2015), in a reopened who use a telecommunications device predation; (D) The inadequacy of comment period between January 5 and for the deaf (TDD) may call the Federal existing regulatory mechanisms; or (E) February 4, 2016 (81 FR 214, January 5, Information Relay Service (FIRS) at Other natural or manmade factors 2016), and during a public hearing held 800–877–8339. affecting a species continued existence. in American Samoa on January 21, SUPPLEMENTARY INFORMATION: One or more of the five American 2016. We also contacted appropriate Samoa species are experiencing Federal and Territorial agencies, Executive Summary population-level impacts as a result of scientific experts and organizations, and Why we need to publish a rule. Under the following current and ongoing other interested parties and invited the Endangered Species Act, a species threats: them to comment on the proposal. In

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addition, for the Pacific sheath-tailed additional information, clarifications, Peer Review Comments on the Pacific bat and the mao, we contacted the and suggestions to improve the final Sheath-Tailed Bat Convention on International Trade in rule. Two peer reviewers agreed (2) Comment: Two peer reviewers Endangered Species of Wild Fauna and particularly with our evaluation of provided additional references and Flora (CITES) management and scientific data informing our assessment personal observations regarding the scientific authorities competent to issue of the conservation status of the Pacific foraging behavior and habitat of the comparable documentation in the sheath-tailed bat. Similarly, three peer species E. semicaudata and other bats in countries of Samoa, Fiji, , and reviewers agreed particularly with our the family Emballonuridae (Kalko 1995, Vanuatu seeking comment on the assessment of the conservation status of pp. 262–265; Gorreson et al. 2009, p. proposed rule. All substantive the two snails, Eua zebrina and Ostodes 336; Valdez et al. 2011, pp. 306–307; information provided during the strigatus, and one peer reviewer agreed Marques et al. 2015, pp. 6–EV–9–EV). comment periods has either been Our Response: We have incorporated incorporated directly into this final particularly with our status assessment all new relevant information regarding determination or is addressed below. of the mao and friendly ground-dove. the bat’s foraging behavior and foraging During the comment periods, we Peer reviewer comments are addressed received a total of 16 comment letters on in the following summary and habitat in this final rule. (3) Comment: One peer reviewer the proposed listing of the 5 species incorporated into the final rule as reported the discovery of previously from American Samoa. We received appropriate (see also Summary of helpful information from the National Changes from Proposed Rule). unknown caves with appropriate habitat Park of American Samoa about their for the Pacific sheath-tailed bat on Tau General Peer Reviewer Comments surveys, monitoring, and mapping of Island. The commenter also reported natural resources in the park, and we anecdotal sightings of the Pacific (1) Comment: One peer reviewer sheath-tailed bat on Tutuila and Tau have incorporated this information disagreed with the conclusion that where relevant. In this final rule, we Islands. climate change is a projected threat and Our Response: We appreciate this only address those comments directly not a current threat to the species. The relevant to the proposed listing of the new information. We hope that future reviewer asked whether the Service’s five species. We received several surveys will yield confirmed conclusion is that (a) climate change is comments that were not germane to the observations of bats using the caves on proposed listing of the five species (for not yet occurring and consequently is Tau. Given the anecdotal nature of the example, information on other not a current threat; or (b) climate sightings on Tutuila and Tau and the American Samoa species not included change is already occurring, but it is not similarity in flight behavior between in the proposed rule); such comments yet affecting these species. The reviewer small bats and the white-rumped are not addressed in this final rule. cited various recent local, regional, and swiftlet (Aerodramus spodiopygius; One comment letter each was from world-wide evidence that climate common in American Samoa), the the American Samoa Government Office change is occurring (National Oceanic possibility exists that these anecdotal of the Governor, the American Samoa and Atmospheric Administration observations were of , not bats. We Government Office of Samoan Affairs, (NOAA)–National Climatic Data Center hope to learn of confirmed sightings that and a Federal agency; and six comment 1960–2013; Australian Bureau of would indicate that the Pacific sheath- letters were from individuals. Seven Meteorology (BOM) & Commonwealth tailed bat may still occur on Tutuila and letters were responses requested from Scientific and Industrial Research Tau. (4) Comment: Two peer reviewers peer reviewers. The American Samoa Organization (CSIRO) 2011, Volumes 1 provided additional information Government Office of the Governor & 2; 2014; Pirhalla et al. 2011; Monahan regarding the impacts of goats on the requested a public hearing and and Fisichelli 2014) and that it is habitat of the Pacific sheath-tailed bat. informational meetings regarding the already having major impacts to species proposed rule, which we provided, as One of the reviewers pointed out that and ecosystems (Keener et al. 2012, overgrazing of the forest understory by described above. During the public Intergovernmental Panel on Climate hearing, four individuals made oral goats had resulted in little or no Change (IPCC) 2014). comments on the proposed rule. recruitment of canopy tree species in Our Response: We agree with the areas of known populations of the bat Peer Review reviewer that observed increases in air on some small islands in the Lau Group In accordance with our peer review and sea temperatures, carbon dioxide in Fiji and on Aguiguan Island in the policy published on July 1, 1994 (59 FR concentrations, and sea levels exist in Northern Mariana Islands, where the 34270), we solicited expert opinions American Samoa and the region, and endangered Mariana subspecies (E. from 16 individuals with scientific that these are current conditions. We semicaudata rotensis) occurs, as expertise on American Samoa and bats, further agree that the trajectory of documented by Gorreson et al. (2009, p. birds, and snails of South Pacific islands observed changes in climate is unlikely 339). The peer reviewer noted earlier and their habitats, biological needs, and to change in the coming decades. predictions that the effects of threats, including familiarity with the However, neither of the choices overgrazing would result in the demise five species, the geographic region in provided by the reviewer accurately of the forests that are so important for the species (e.g., Palmeirim et al. 2005, which these species occur, and reflect our conclusion with regard to principles of conservation biology. We p. 46). whether we consider climate change to received responses from seven of these The same reviewer commented that be a current threat to these species. individuals. grazing by goats greatly minimizes We reviewed all comments received Although we cannot predict the timing, clutter resulting from a well-developed from the peer reviewers for substantive extent, or magnitude of specific impacts, shrub layer, thereby opening foraging issues and new information regarding we do expect the effects of climate spaces for bats under the canopy. In the listing of the five species. All seven change to exacerbate the current threats addition, the reviewer cited reports that peer reviewers generally supported our to these species, such as habitat loss and the bat was doing well in highly methods and conclusions and provided degradation. overgrazed forests on Yaqueta and Aiwa

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Islands (Fiji) (Palmeirim et al. 2005, pp. The same reviewer also requested DPS of the friendly ground-dove to 28–29), and Aguiguan Island (Valdez et clarification in the discussion regarding include Tau Island. In addition to the al. 2011, p. 302). the threat to the bat from past and ongoing surveys cited by the Lastly, the reviewer added that, metapopulation breakdown, and in reviewer, recent banding efforts generally, a total release of the grazing particular requested clarification conducted on Tau Island between 2013 pressure may allow rapid growth of regarding the location of significant and 2015 also failed to report the shrubs and concomitant increase in source populations in Fiji. Finally, the friendly ground-dove (Pyle et al. 2014, understory clutter and thus potentially reviewer commented that the future pp. 7, 19; Pyle et al. 2015, pp. 7, 21). reduce foraging space for the Pacific impact of sea level rise on populations On the other hand, this report does sheath-tailed bat. Consequently, the of the Pacific sheath-tailed bat is not suggest the possible movement of peer reviewer suggested that any goat likely to be restricted to high islands friendly ground-doves from Ofu and control efforts should be carefully and in fact is likely to be even greater Olosega Islands to Tau Island. planned to balance the importance of on low islands, such as low limestone (7) Comment: One peer reviewer recruitment of tree canopy species and islands where this species is present. stated that the friendly ground-dove has foraging spaces under the canopy. Our Response: We agree that genetic not been pushed into higher elevation Our Response: We appreciate the differentiation underscores the need to areas throughout its range (as asserted information provided by the reviewers conserve the South Pacific subspecies of by Watling (2001, p. 118)), and still regarding the potential impacts of goat the Pacific sheath-tailed bat. We have occurs at low elevations in some areas grazing on the bat and its habitat in Fiji. incorporated the information on the in Samoa, such as Salelologa lowland We agree with the reviewer’s bat’s distribution in Fiji into this final forest on Savaii and on Nuutele Island observation that, although grazing and rule, and we have clarified the off the coast of . The reviewer also browsing by goats may benefit the bat in discussion regarding the provided specific information indicating the near term by maintaining an open metapopulation breakdown threat to the that predation by the Polynesian rat understory that provides foraging bat. The continued decline of the only (Rattus exulans) should be considered a habitat (e.g., Esselsytn et al. 2004, p. significant source populations of Pacific threat to the friendly ground-dove in 307; Palmeirim et al. 2005, pp. 28–29), sheath-tailed bat (on large islands in American Samoa in addition to that of in the long term the activities of goats Fiji, especially the Viti Levu Group) the black rat (R. rattus). Our Response: In the proposed rule, are likely to result in the loss of the greatly diminishes the probability of recolonization and persistence within we stated that the loss of lowland and forest on which the bat depends by Fiji as well as throughout the remainder coastal forest has been implicated as a inhibiting recruitment of native forest of its range. Of particular note, the bat limiting factor for populations of the trees and facilitating dispersal of is currently considered to be extirpated friendly ground-dove, and as a result, nonnative invasive plants (Esselsytn et or nearly extirpated on the largest Fijian the species has been pushed into more al. 2004, p. 307; Palmeirim et al. 2005, island where the bat was once disturbed areas or forested habitat at p. 46; Berger et al. 2011, pp. 36, 38, 40, considered common. Regarding the higher elevations (Watling 2001, p. 118). 42–47; Commonwealth of the Northern portion of the reviewer’s comment on The two areas cited by the reviewer, Mariana Islands (CNMI) Statewide the impact of sea level rise, we agree Nuutele Island and Saleloga, are sites Assessment and Resource Strategy that any impacts of future sea level rise where native lowland forest is intact (SWARS) 2010, p. 15; Kessler 2011, pp. on the Pacific sheath-tailed bat in Fiji and provides habitat that can support 320–323; Pratt 2011, pp. 2, 36; Welch et are likely to be worse on low islands populations of the friendly ground- al. 2016). We, therefore, continue to than on high islands where the bat is dove. However, our analysis of the regard habitat destruction and known to occur. available information indicates that degradation by goat browsing as a threat these areas are exceptional, and that the to the continued existence of the bat in Peer Review Comments on the loss of lowland and coastal forests Fiji, although we recognize that this is American Samoa DPS of the Friendly remains a threat to the friendly ground- a threat that must be addressed with Ground-Dove dove throughout its range, including in care to maintain the open understory (6) Comment: One peer reviewer cited American Samoa. The fact that the that provides foraging habitat for the a recent study that reported a detection species is known from only those bat. of the friendly ground-dove at a single lowland areas in Samoa that remain (5) Comment: One peer reviewer location on Tau Island (Judge et al. mostly forested provides supporting noted that the genetic differences 2013, pp. 14–15). The reviewer further evidence of this ongoing threat. In between the South Pacific subspecies E. commented that, although a possible American Samoa, lowland and coastal s. semicaudata and the Palau and range extension to Tau Island would be habitats on Ofu and Olosega have Mariana subspecies, E. s. palauensis and a positive change in the distribution of largely been converted to villages, E. s. rotensis, respectively, are greater this rare species, the report of a single grasslands, or plantations, and than typically reported between detection on another island would not the loss of these habitats to agriculture mammalian subspecies. The reviewer change the Service’s determination of and development is expected to suggested that this level of divergence threatened or endangered status, given continue. We have added predation by increases the conservation value of the three extensive bird surveys conducted the Polynesian rat as a threat to the remaining populations of E. s. on Tau Island in 1975–76, 1986, and friendly ground-dove in this final rule. semicaudata. 2011 (Amerson et al. 1982, Engbring The reviewer also commented that the and Ramsey 1989, Judge et al. 2013) and Peer Review Comments on Eua zebrina description of the current Pacific various additional surveys conducted and Ostodes strigatus sheath-tailed bat distribution in Fiji is there by the American Samoa (8) Comment: One peer reviewer overly optimistic and suggested revision Department of Marine and Wildlife commented that collection for scientific to a more conservative description Resources. purposes is not a current threat to Eua based on the bat’s likely extirpation on Our Response: We agree that a single zebrina and expressed doubt that it Viti Levu, an island that represents detection does not necessarily signify a contributed to the decline of this more than half the land area in Fiji. range extension of American Samoa species. The peer reviewer added that

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collection of Eua zebrina for other of extinction nor did the numbers We agree that additional data regarding purposes (e.g., commercial, educational, collected increase the risk of its the five species from American Samoa or recreational) is also not a current extinction, and we have found no would be desirable. However, under the threat. evidence that the species is collected for Act, we are required to make listing The same reviewer commented that educational purposes. We disagree with determinations solely on the basis of the predation by the rosy wolf snail the peer reviewer’s comment that best available scientific and commercial (Euglandina rosea) cannot be collecting for commercial or recreational data [emphasis ours] (sections 4(a)(1) considered the major existing threat to purposes is not a current threat. There and 4(b)(1)(A) of the Act). We appreciate the native snail fauna in American is evidence, albeit mostly in the past, of the reviewer raising the potential threat Samoa in the absence of a quantitative the practice of using snail shells to make of disease to native land snails such as evaluation of the importance of rosy decorative items for personal E. zebrina and O. strigatus posed by the wolf snail predation relative to other adornments and for sale or display. rat lungworm. However, at this time, we threats such as habitat destruction and Importantly, however, the proposed rule do not have information that leads us to predation by rats. The reviewer further provided evidence of the current sale of conclude that the rat lungworm poses a stated that predation by the rosy wolf Eua zebrina and other Pacific Island current threat to the two snails. snail may be less of a threat to adult snails on the internet. Therefore, we Public Comments individuals of O. strigatus than to E. maintain that collection for commercial zebrina, because the former may be or recreational purposes is a current In general, commenters did not protected by its (trap-door- threat to Eua zebrina. express strong support for or opposition like structure closing the shell aperture). We consider the threat of predation by to the proposed listing. Some The reviewer added that the rosy wolf the rosy wolf snail to be one of several commenters expressed concerns snail feeds on small snails by threats to the survival of Eua zebrina, regarding the potential impacts of the swallowing them whole, but feeds on and have made this clarification in the proposed listing on public- and private- large snails by attacking them via the final rule (see Summary of Factors sector projects and on cultural practices. open shell aperture. The commenter Affecting Eua zebrina, below). While Other commenters suggested that further noted that both E. zebrina and O. the operculum of adult individuals of O. additional information on the five strigatus adults are considered large strigatus may offer protection from species was needed. Our responses are from the perspective of the rosy wolf predation by the rosy wolf snail, we provided below. snail. If O. strigatus can close the maintain our finding that predation by Comments From States/Territories aperture with the operculum when the rosy wolf snail is a current threat to threatened by the rosy wolf snail, the O. strigatus based on the vulnerability (10) Comment: The Governor of predator may find access difficult; but of small, juvenile individuals of this American Samoa and two public whether this is the case is not known. species to being swallowed whole by commenters expressed concern that Lastly, the reviewer noted that whether predatory snails. We disagree with the listing the five species as endangered juveniles (i.e., small snails) are more reviewer’s statement regarding the lack could affect such activities as land susceptible is also not known. The of protection provided to O. strigatus by clearing, development, planned wind reviewer also stated that the protection the NPSA. Information in our files power production, and cultural provided by the Tutuila section of the indicates the occurrence of O. strigatus practices. National Park of American Samoa within the boundaries of the NPSA Our Response: We understand that (NPSA) does not apply to Ostodes (Miller 1993, p. 23). Finally, we agree concern exists about the effects on land strigatus because this species is only with the reviewer’s comment that the use and cultural practices of listing known from the western part of Tutuila, statement ‘‘all live snails were found on species as threatened or endangered which is not within the NPSA’s understory vegetation beneath intact under the Act. Once a species is listed boundaries. Finally, the reviewer forest canopy’’ may hold true for E. as endangered under the Act certain commented that the statement ‘‘all live zebrina, but should not be attributed to protective measures apply. These snails were found on understory all Samoan land snails, and we have measures include prohibitions under vegetation beneath intact forest canopy’’ made this correction in this final rule. section 9(a)(1) of the Act that make take is probably correct for most E. zebrina, (9) Comment: One peer reviewer (defined as harass, harm, pursue, hunt, but should not be attributed to all commented that funding should be shoot, wound, kill, trap, capture, or Samoan land snails. allocated to evaluate the status of the collect; or to attempt any of these) of Our Response: Regarding the threat of two snail species and others prior to listed wildlife species illegal and over-collection, we agree with the listing. The reviewer also suggested the requirements for Federal agencies to reviewer that collection for scientific increasing prevalence of the rat consult with the Service under section purposes is not a current threat to Eua lungworm (Angiostrongylus 7(a)(2) of the Act to ensure that any zebrina or Ostodes strigatus. We cantonensis) throughout the Pacific action they fund, authorize, or carry out erroneously included ‘‘overutilization poses an unknown, but likely serious, is not likely to jeopardize the continued for scientific purposes’’ in our threat of disease to land snails. The existence of any endangered species or assessment of threats to these species in reviewer added that further studies are threatened species. See Available the proposed rule, and have removed desperately needed. Conservation Measures, below, for this factor from the Summary of Factors Our Response: We evaluated the detailed descriptions of requirements Affecting E. zebrina section in this final status of the two snails prior to listing and prohibitions, respectively, under rule. However, we maintain that them. We found them to be candidates sections 7 and 9 of the Act. collection for scientific purposes likely for listing in May 2005 and reviewed the We encourage any project proponents contributed to a reduction in the available information on them each year or landowners to work closely with the number of E. zebrina in the wild in our annual Candidate Notice of Service if activities on their land may (Hadfield 1986, p. 322). We recognize Review. To issue our proposal to list negatively affect listed species. If a that at the time the majority of these species under the Act, we Federal agency action is associated with collections were made for scientific evaluated their status and found that the activity (e.g., funding, permit purposes, E. zebrina was neither at risk they met the definition of endangered. issuance, or other support or

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authorization), the Federal agency is authorize, or carry out is not likely to Tonga or Vanuatu. The best available required to consult with the Service jeopardize the continued existence of information does not indicate that under section 7 (a)(2) of the Act. If there any endangered species or threatened pesticide use is a current threat to the is no Federal involvement in the species or result in the destruction or Pacific sheath-tailed bat or that it is activity, we can help those project adverse modification of designated likely to become a threat in the future. proponents or landowners determine critical habitat of such species; section (15) Comment: One commenter stated whether a habitat conservation plan 9(a)(1) of the Act prohibits the take of that flooding or high water levels during (HCP) or safe harbor agreement (SHA) listed wildlife species (includes harass, Hurricanes Ofa (1990) and Val (1991) may be appropriate. These plans or harm, pursue, hunt, shoot, wound, kill, may have washed out snails such as E. agreements provide for the conservation trap, capture, or collect; or to attempt zebrina and O. strigatus from stream of the listed species while providing the any of these). Activities to reestablish areas. project proponent or landowner with a and recover listed species, and details of Our Response: In the proposed rule, permit for incidental take of the species sections 7 and 9 of the Act, are we considered the effects of natural during the course of otherwise lawful described below, under Available disturbances such as hurricanes and activities, such as those mentioned in Conservation Measures. their associated impacts under Factor E: the Governor’s comment letter, (14) Comment: One commenter stated Other Natural and Manmade Factors including cultural practices that may that the use of insecticides is Affecting Its Continued Existence for affect any of these five species. contributing to the decline of the Pacific both E. zebrina and O. strigatus. The (11) Comment: The Governor of sheath-tailed bat by reducing prey information we have does not indicate American Samoa requested assistance populations such as mosquitoes and that either snail species was washed out from the Service in making other insects. of stream areas, per se, by heavy rains improvements to Territorial law in order Our Response: We evaluated the and flooding associated with hurricanes to allow local government agencies to effects of pesticide use on the Pacific Ofa and Val; these are land snails, and work with the Service to conserve listed sheath-tailed bat in the proposed rule they do not inhabit aquatic species and their habitats. (80 FR 61568, October 13, 2015). The environments. However, hurricanes Our Response: We recognize and use of pesticides may negatively affect likely have adverse impacts on the welcome the Governor’s request for the Pacific sheath-tailed bat as a result habitat of E. zebrina and O. strigatus by assistance. The Service and the of direct toxicity and the reduction in destroying vegetation, opening the American Samoa Government have met the availability of insect prey. Pesticides canopy, and thus modifying the to discuss the necessary improvements are known to adversely affect bat availability of light and moisture, and to Territorial law required for the populations, either by secondary creating disturbed areas conducive to Service’s conservation assistance poisoning when bats consume invasion by nonnative plant species programs to States or Territories for contaminated insects or by reducing the (Elmqvist et al. 1994, p. 387; Asner and threatened and endangered species in availability of insect prey (Hutson et al. Goldstein 1997, p. 148; Harrington et al. accordance with section 6 of the Act, 2001, p. 138; Mickleburgh et al. 2002, p. 1997, pp. 539–540; Lugo 2008, pp. 373– and we remain available to provide 19). Pesticides may have contributed to 375, 386). Such impacts destroy or further assistance as needed. declines and loss of the Mariana modify habitat elements (e.g., stem, (12) Comment: A member of the subspecies of Pacific sheath-tailed bat branch, and leaf surfaces, undisturbed Office of Samoan Affairs supported our on islands where pesticides were once ground, and leaf litter) required to meet assessment of the threat of cats and rats applied in great quantities (Guam, the snails’ basic life-history to the five species. The member added Saipan, and Tinian) (Wiles and requirements. In addition, high winds that disease carried and spread by cats Worthington 2002, p. 17). and intense rains from hurricanes can and rats contributed to the endangered In American Samoa and Samoa, also dislodge individual snails from the status of the five species. current levels of pesticide use are likely leaves and branches of their host plants Our Response: We appreciate the lower than several decades ago when and deposit them on the forest floor comment by the Office of Samoan their use, particularly during the years where they may be crushed by falling Affairs. Our review of the best scientific in which taro was grown on large scales vegetation or exposed to predation by and commercial data available does not for export (1975–1985), coincided with nonnative rats and snails (Hadfield indicate that disease is currently a factor the decline of bats in both places and 2011, pers. comm.). Therefore, we affecting the continued existence of the has been implicated as the cause consider the threat of flooding and high five species. We welcome any (Tarburton 2002, p. 107). However, water levels associated with the high information on this topic that becomes Grant et al. (1994, pp. 135–136) wind and intense rains caused by available in the future. dismissed the role of insecticides in the hurricanes to be a factor in the decline of the bat in American Samoa continued existence of E. zebrina and O. Comments From the General Public based on the absence of a similar strigatus. (13) Comment: One commenter asked population crash in the insectivorous (16) Comment: Two commenters how species are protected once listed as white-rumped swiftlet (Aerodramus recommended that the proposed endangered. Another commenter asked spodiopygius) and the limited use of rulemaking needed to be explained to how the Service works to reestablish agricultural and mosquito-control traditional leaders, local people, and to populations of species after they are pesticides. On the island of Taveuni in a larger audience than attended the listed as endangered. Fiji, where bat populations have public hearing and informational Our Response: Once a species is persisted at low levels over the last 10 meeting. added to either of the Lists of years (Palmeirim et al. 2005, p. 62, Our Response: We conducted a public Endangered and Threatened Wildlife Malotaux 2012, in litt.), several locals hearing and public informational and Plants, it is afforded protection reported that pesticide use was quite meeting on January 21, 2016, at which under the Act. For example, section widespread, and their use may be Service staff were available to answer 7(a)(2) of the Act requires Federal similar on other Fijian islands questions from the public with Samoan agencies, including the Service, to (Malotaux 2012, in litt.). We do not have language translation provided at both ensure that any action they fund, information about pesticide use in events. We published a notice of the

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availability of the proposed rule in the rule in the future, the Service will issue collaboratively with Federal, State, and local newspaper and accepted public a proposed rule consistent with the Act local agencies, conservation comments on the proposed rule for a and our established work priorities at organizations, the business community, total of 90 days. We sent notification of that time. landowners, and other concerned publication of the proposed rule and (18) Comment: One commenter citizens. Therefore, we look forward to public comment periods by mail to the questioned why species thought to be working collaboratively with all Congressional Representative, American extirpated in American Samoa, such as stakeholders in efforts to conserve the Samoa Government agencies, and local the mao, are being considered for mao and other listed species. stakeholders. We conducted numerous listing. The commenter also expressed Summary of Changes From Proposed radio and television interviews at local concern regarding the reintroduction of Rule stations and provided information on such species. the five species and the rulemaking Our Response: We previously In preparing this final rule, we process. We made a presentation and determined that the mao warranted reviewed and fully considered answered questions regarding the listing under the Act (79 FR 72450; comments from the peer reviewers and proposed rulemaking during a meeting December 4, 2014) and present our public on the proposed listings for the with the members of the Office of determination of its status as five species. This final rule incorporates Samoan Affairs on January 25, 2016, endangered in this final rule. A species the following substantive changes to our and we also conducted meetings with may become extirpated in a portion of proposed rule, based on the comments the American Samoa Government its range and be listed throughout its we received: Department of Agriculture, Department range. The mao occurred historically on (1) We have added habitat destruction of Marine and Wildlife Resources, Tutuila, but is now considered to be or modification by feral goats as a threat Office of the Attorney General; and extirpated there. If the mao occurs once to the continued existence or survival of Federal agency partners including the again on Tutuila, whether as a result of the Pacific sheath-tailed bat in Fiji (see National Park of American Samoa, natural dispersal or a reintroduction the discussion below under Pacific NOAA–National Ocean Service, and the program, this species will be subject to sheath-tailed bat, Summary of Factor A: U.S. Department of Agriculture Natural the protections of the Act there. The Present or Threatened Destruction, The primary purpose of the Act is the Resource Conservation Service. Modification, or Curtailment of Its conservation of endangered and (17) Comment: Two commenters Habitat or Range). threatened species and the ecosystems (2) We erroneously included recommended further study of the upon which they depend. Once a species proposed for listing as ‘‘overutilization for scientific purposes’’ species is listed as endangered or in our assessment of threats to Eua endangered. threatened under the Act, conservation zebrina in the proposed rule and have Our Response: We are required to measures provided to such species removed this factor from the Summary make our determination based on the include recognition, recovery actions, of Factors Affecting E. zebrina in this best scientific and commercial data requirements for Federal protection, and final rule. available at the time of our rulemaking. prohibitions against certain practices. Other than the two changes just We considered the best scientific and For more information, please see discussed and minor changes in commercial data available regarding the Available Conservation Measures, response to recommendations, in this five species to evaluate their potential below. The Service is required under final rule, we made no substantive status under the Act. We solicited peer section 4(f)(1) of the Act to prepare review of our evaluation of the available recovery plans for newly listed species, changes to the proposed rule. data, and peer reviewers supported our unless we determine that such a plan Background analysis. Science is a cumulative will not promote the conservation of the process, and the body of knowledge is species. Reestablishing a threatened or Species Addressed in This Final Rule ever-growing. In light of this fact, the endangered species in its former range The table below (table 1) provides the Service will always take new research is often necessary to enable or sustain common name, scientific name, listing into consideration. If new scientific recovery. Successful species recovery status, and range for the species that are information supports revision of this efforts necessitate the Service working the subjects of this final rule.

TABLE 1—SPECIES ADDRESSED IN THIS FINAL RULE

Common name [Samoan name or other local name] Scientific name Listing status Locations where listed

Mammals

Pacific sheath-tailed bat (South Pacific sub- Emballonura, Endangered ...... American Samoa, Fiji, species) [beka beka, peapea vai, tagiti]. semicaudata, Samoa, Tonga, semicaudata. Vanuatu.

Birds

Mao [maomao] ...... Gymnomyza, Endangered ...... American Samoa, samoensis. Samoa. Friendly (shy) ground-dove [tuaimeo] ...... Gallicolumba stairi ...... Endangered ...... American Samoa DPS.

Snails

No common name ...... Eua zebrina ...... Endangered ...... American Samoa. No common name ...... Ostodes strigatus ...... Endangered ...... American Samoa.

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Please refer to the proposed listing second most severe category of (Lemke 1986, p. 744; Hutson et al. 2001, rule (80 FR 61568; October 13, 2015) for extinction assessment, which equates to p. 139; Tarburton 2002, p. 106; Wiles geographic descriptions of the Samoan a very high risk of extinction in the and Worthington 2002, p. 7, Palmeirim Archipelago, Samoa, Kingdom of Tonga, wild. IUCN criteria include the rate of et al. 2005, p. 28). All subspecies of the Republic of Fiji, Republic of Vanuatu, decline, population size, area of Pacific sheath-tailed bat are nocturnal Territory of the and Futuna geographic distribution, and degree of and typically emerge around dusk to Islands and for additional factual details population and distribution forage on flying insects (Hutson et al. of the factors affecting the species, such fragmentation; however, IUCN rankings 2001, p. 138; Craig et al. 1993, p. 51). as descriptions of nonnative plant do not confer any actual protection or The Mariana Islands subspecies forages species that affect the species’ habitat. management. almost entirely in forests (native and Our assessment evaluated the biological Four subspecies of Pacific sheath- nonnative) near their roosting caves status of the five species and threats tailed bats are currently recognized: E. (Esselstyn et al. 2004, p. 307). Other affecting their continued existence. The s. rotensis, endemic to the Mariana subspecies in Micronesia have been assessment was based upon the best Islands (Guam and the Commonwealth observed foraging beneath the canopy of available scientific and commercial data of the Northern Mariana Islands (CNMI); dense native forest (on Pohnpei) and and, except where noted below (and in listed as endangered in 2014 (80 FR over town streets (Palau and Chuuk) the Summary of Changes From 59497, October 1, 2015), and referred to (Bruner and Pratt 1979, p. 3). The bat’s Proposed Rule, above), has not changed here as the Mariana subspecies); E. s. preferred foraging habitat is mature as a result of the new information sulcata in Chuuk and Pohnpei; E. s. well-structured forest with a high and obtained during the comment periods. palauensis in Palau; and E. s. dense canopy (Kalko 1995, pp. 262–265; semicaudata in American Samoa, Esselstyn et al. 2004, p. 307; Palmeirim Pacific sheath-tailed bat (South Pacific Samoa, Tonga, Fiji, and Vanuatu Emballonura et al. 2005, p. 29; (Gorreson et al. 2009, subspecies), (Koopman 1997, pp. 358–360; Oyler- semicaudata ssp. semicaudata, p. 336; Valdez et al. 2011, pp. 306–307; McCance et al. 2013, pp. 1,030–1,036), Marques et al. 2015, pp. 6–EV–9–EV). Peapea vai (American Samoa), Tagiti referred to here as the South Pacific In American Samoa, Amerson et al. (Samoa), Beka beka (Fiji) subspecies. Recent analysis found (1982, p. 74) estimated a total The Pacific sheath-tailed bat is a greater genetic differences between E. s. population of approximately 11,000 member of the Emballonuridae, an Old rotensis, E. s. palauensis, and E. s. Pacific sheath-tailed bats in 1975 and World bat family that has an extensive semicaudata than typically reported distribution primarily in the tropics between mammalian subspecies (Oyler- 1976. A precipitous decline of the bat (Nowak 1994, pp. 90–91). A Samoan McCance et al. 2013, p. 1,030). on the island of Tutuila has been specimen was first described by Peale in Hereafter, ‘‘bat’’ or ‘‘Pacific sheath-tailed documented since 1990 (Grant et al. 1848 as Vespertilio semicaudatus (Lyon bat’’ refers to the South Pacific 1994, p. 134; Koopman and Steadman and Osgood 1909, p. 259). The species subspecies unless otherwise noted. 1995, pp. 9–10; Helgen and Flannery was later included in the genus All subspecies of the Pacific sheath- 2002, pp. 4–5). Knowles (1988, p. 65) Emballonura (Temminck 1838; cited in tailed bat appear to be cave-dependent, recorded about 200 in 1988, and in the Integrated Taxonomic Information roosting during the day in a wide range 1993, observers caught one bat and saw System (ITIS) 2014) and is now known of cave types, including overhanging only three more (Grant et al. 1994, p. as Emballonura semicaudata cliffs, crevices, lava tubes, and 134). A single bat was also observed on (Smithsonian Institution 1909; Tate and limestone caves (Grant 1993, p. 51; two occasions in a small cave north of Archbold 1939, p. 8). This species is a Grant et al. 1994, pp. 134–135; Hutson Alao (Grant et al. 1994, pp. 134–135). small bat. Males have a forearm length et al. 2001, p. 139; Palmeirim et al. Additional small caves and lava tubes of about 1.8 in (45 millimeters (mm)), 2005, p. 28). Large roosting colonies have been checked for bats and and weigh approximately 0.2 ounces appear fairly common in the Palau swiftlets, however, Tutuila is entirely (oz) (5.5 grams (g)), and females are subspecies, but smaller aggregations volcanic and does not have the slightly larger in size and weight (Lemke may be more typical of at least the extensive limestone cave systems that 1986, p. 744; Nowak 1994, p. 91; Mariana subspecies and perhaps other provide bat roosting habitat in the Flannery 1995, p. 326; Uyehara and species of Emballonura (Wiles et al. Mariana Islands and other Pacific island Wiles 2009, p. 5). 1997, pp. 221–222; Wiles and groups (Grant et al. 1994, p. 135). Two The Pacific sheath-tailed bat was once Worthington 2002, pp. 15, 17). The individuals were last observed in the common and widespread in Polynesia, Mariana subspecies, which persists only cave at Anapeapea Cove on the north eastern Melanesia, and Micronesia and on the island of Aguiguan (CNMI), shore of Tutuila in 1998 (Hutson et al. is the only insectivorous bat recorded appears to prefer relatively large caves 2001, p. 138). Surveys conducted by the from a large part of this area (Hutson et (Wiles et al. 2009, p. 15 in O’Shea and Department of Marine and Wildlife al. 2001, p. 138). Sheath-tailed bats are Valdez 2009). The limestone cave Resources (DMWR) in 2006 failed to rich brown to dark brown above and ecosystem of the Mariana subspecies on detect the presence of this species paler below (Walker and Paradiso 1983, Aguiguan is characterized by constant (DMWR 2006, p. 53). In an attempt to p. 211). The common name ‘‘sheath- temperature, high relative humidity, ascertain whether the species is still tailed bat’’ refers to the nature of the tail and no major air movement (O’Shea and extant, DMWR conducted surveys attachment: The tail pierces the tail Valdez 2009, pp. 77–78). Such basic consisting of acoustic sweeps and cave membrane, and its tip appears habitat data are lacking for the South checks on all main islands in 2008 and completely free on the upper surface of Pacific subspecies of Pacific sheath- 2012, and no bats were detected (Fraser the membrane (Walker and Paradiso tailed bat, but may be important because et al. 2009, p. 9; U.R. Tulafono 2011, in 1983, p. 209). The Pacific sheath-tailed the alteration of climate conditions has litt.; DMWR 2013, in litt.). Based on its bat (all subspecies) is listed as been implicated in the abandonment of decline and the lack of detections since Endangered in the 2015 IUCN roost caves by other bat species (Hutson it was last seen in 1998, this species is (International Union for Conservation of et al. 2001, p. 101). Pacific sheath-tailed thought to be nearly extirpated (if not Nature) Red List (Bonaccorso and bats are commonly found sharing caves already extirpated) in American Samoa Allison 2008). Endangered is IUCN’s with swiftlets (Aerodramus spp.) (DMWR 2006, p. 54; Uyehara and Wiles

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2009, p. 5). DMWR continues to conduct the coast and up to 6.2 mi (10 km) and Flannery 2002, pp. 210–211). No acoustic surveys in search of the Pacific inland (Palmierim et al. 2007, pp. 1–13). subsequent expeditions have recorded sheath-tailed bat in American Samoa Running water or pools of water are a sheath-tailed bats, suggesting that this (Miles 2015a, in litt.). common occurrence in inland caves species was either extirpated or perhaps In Samoa, the Pacific sheath-tailed bat with streams running through or coastal never actually occurred in Vanuatu is known from the two main islands of caves that are tidally influenced (Medway and Marshall 1975, pp. 32–33; Upolu and Savaii, but the species has (Palmierim et al. 2007, pp. 1–13). Hill 1983, pp. 140–142; Flannery 1995, experienced a severe decline over the Habitat surrounding roost sites includes p. 326; Helgen and Flannery 2002, pp. last several decades, and has been undisturbed forest, secondary forest, 210–211; Palmeirim et al. 2007, p. 517). observed only rarely since Cyclones Ofa cultivated areas, and forested cliffs For example, Medway and Marshall (1990) and Val (1991) (Lovegrove et al. (Palmierim et al. 2007, pp. 1–13). The (1975, p. 453) detected seven other 1992, p. 30; Park et al. 1992, p. 47; species was reported as common some small, insectivorous bats (family Tarburton 2002, pp. 105–108). This decades ago on the small, volcanic Microchiroptera) in Vanuatu, but failed species was previously abundant on island of , a Fijian dependency, to observe the Pacific sheath-tailed bat, Upolu with an individual cave approximately 372 mi (600 km) from the possibly as a result of survey sites and estimated to support several thousand Fiji archipelago (Clunie 1985, pp. 154– methods. However, the Vanuatu individuals (Ollier et al. 1979, pp. 22, 155). Although widely distributed, the provenance of the two specimens is not 39). A survey of 41 lava tube caves and species clearly has suffered a serious in question (Helgen and Flannery 2002, other locations on Upolu and Savaii decline since the 1950s as evidenced by p. 211). The current disjunct conducted from 1994 to 1997 detected a contraction of its range and a decline distribution of the Pacific sheath-tailed a total of 5 individuals at two sites, in density and abundance on the islands bat (all subspecies) is suggestive of which had declined to 2 individuals where it still occurs (Flannery 1995, p. extinctions (Flannery 1995, p. 45), and total by the end of the survey (Hutson 327; Palmeirim et al. 2005, p. 31). In the possible extirpation of the South 2001, p. 139; Tarburton 2002, pp. 105– 2000 to 2001, bats were absent or Pacific subspecies from Vanuatu could 108, Tarburton 2011, p. 38). In Samoa, present in diminished numbers in many be an example of this possibility the Pacific sheath-tailed bat occupies of the caves known previously to be (Helgen and Flannery 2002, p. 211). The sea caves and lava tubes located from occupied on 30 Fijian islands, and bat’s status in Vanuatu is unknown, and the coast up to elevations of 2,500 ft villagers reported that small bats, a basic inventory of Vanuatu’s bat fauna (762 m) that range from 49 ft (15 m) to presumably Pacific sheath-tailed bats, is lacking (Helgen and Flannery 2002, p. more than 2,130 ft (650 m) in length; were no longer commonly seen 211). vary in height and width, number of (Palmeirim et al. 2005, p. 31). In summary, the Pacific sheath-tailed openings, and degree of branching; and The species is predicted to be bat, once widely distributed across the may be subject to rockfalls and flooding extirpated or nearly so on Kadavu, southwest Pacific islands of American during high rain events (Tarburton Vanua Levu, and Fiji’s largest island, Samoa, Samoa, Tonga, and Fiji, has 2011, pp. 40–49). Viti Levu, where it was known to be undergone a significant decline in In Tonga, the distribution of the widespread until the 1970s (Palmeirim numbers and contraction of its range. Pacific sheath-tailed bat is not well et al. 2005, p. 31; Scanlon et al. 2013, Reports of possible extirpation or known. It has been recorded on the p. 453). Field observations during the extremely low numbers in American island of Eua and Niaufoou (Rinke 1991, 2000 to 2001 surveys documented a Samoa and Samoa, steep population p. 134; Koopman and Steadman 1995, p. single large colony of several hundred declines in Fiji, and the lack of 7), and is probably absent from Ata and individuals on Yaqeta Island in the detections in Tonga and Vanuatu, Late (Rinke 1991, pp. 132–133). In 2007, Yasawa group and a large colony on suggest that the Pacific sheath-tailed bat ten nights of acoustic surveys on Vatu Vara Island in the Lau group, but is vulnerable to extinction throughout Tongatapu and Eua failed to record any otherwise only a few to dozens of its range. The remaining populations of detections of this species (M. Pennay individuals scattered among caves on the Pacific sheath-tailed bat continue to pers. comm. in Scanlon et al. 2013, p. small and remote islands in the Lau experience habitat loss from 456). Pennay describes Eua as the place group (Palmeirim et al. 2005, pp. 55– deforestation and development, most likely to support the Pacific 62). Scanlon et al. 2013 (p. 453) predation by introduced mammals, and sheath-tailed bat because of the island’s revisited the large cave colony on human disturbance of roosting caves, all large tracts of primary forest and many Yaqeta between 2007 and 2011 and of which are likely to be exacerbated in rocky outcrops and caves, but he described it as without any evidence of the future by the effects of climate considers the bat to be extremely rare or any recent use by bats (e.g., odor, fresh change (see Summary of Factors extirpated from both islands (M. Pennay guano) and probably abandoned. The Affecting the Pacific Sheath-tailed Bat pers. comm. in Scanlon et al. 2013, p. loss of the Yaqeta colony and the discussion below). In addition, low 456). species’ overall declining trend across population numbers and the breakdown In Fiji, the Pacific sheath-tailed bat is the archipelago led Scanlon et al. 2013 of the metapopulation equilibrium distributed throughout the archipelago, (p. 456) to infer a reduction in across its range render the remaining on large islands such as Vanua Levu and population size of greater than 80 populations of Pacific sheath-tailed bat Taveuni, medium-sized islands in the percent over the last 10 years. The most more vulnerable to chance occurrences Lau group (Lakeba, Nayau, Cicia, Vanua important remaining sites for the such as hurricanes. Balavu), and small islets such as Yaqeta protection of this species are likely in the Yasawa group and Vatu Vara and those on small and mid-sized islands in Summary of Factors Affecting the Aiwa in the Lau group (Palmeirim et al. Lau where bats still occur (Palmeirim et Pacific Sheath-Tailed Bat 2005, pp. 31–32). Pacific sheath-tailed al. 2007, p. 512). Section 4 of the Act (16 U.S.C. 1533), bats in Fiji roost in lava tubes and In Vanuatu, the Pacific sheath-tailed and its implementing regulations at 50 limestone caves of varying length and bat is known from two museum CFR part 424, set forth the procedures width, beneath rock outcrops, and in specimens, one collected in 1929 and for adding species to the Federal Lists cave-like areas formed by irregularly one collected before 1878, both on the of Endangered and Threatened Wildlife shaped boulders located in areas along main island of Espiritu Santo (Helgen and Plants. Under section 4(a)(1) of the

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Act, we may list a species based on (A) all forest losses in Samoa were areas of known populations of the The present or threatened destruction, attributable to logging, with 97 percent Pacific sheath-tailed bat on small modification, or curtailment of its of the logging having occurred on Savaii islands in the Lau Group in Fiji habitat or range; (B) Overutilization for (Government of Samoa 1998 in Whistler (Palmeirim et al. 2005, p. 46) and on commercial, recreational, scientific, or 2002, p. 132). Forested land area in Aguiguan Island in the Northern educational purposes; (C) Disease or Samoa continued to decline at a rate of Mariana Islands, where the endangered predation; (D) The inadequacy of roughly 2.1 percent or 7,400 ac (3,000 Mariana subspecies (E. semicaudata existing regulatory mechanisms; or (E) ha) annually from 1990 to 2000 (FAO rotensis) occurs (Gorreson et al. 2009, p. Other natural or manmade factors 2005 in litt.). As a result, there is very 339). Palmeirim et al. (2005, p. 46) affecting its continued existence. Listing little undisturbed, mature forest left in predicted that continued overgrazing actions may be warranted based on any Samoa (Watling 2001, p. 175; FAO 2005 would result in the demise of the forests of the above threat factors, singly or in in litt.). that are so important for the Pacific combination. Today, only 360 ac (146 ha) of native sheath-tailed bat. Despite the reported lowland rainforests (below 2,000 ft or negative impacts of goat browsing on Factor A: The Present or Threatened 600 m) remain on Savaii and Upolu as tree recruitment, the current amount of Destruction, Modification, or a result of logging, agricultural clearing, well-developed forest canopy habitat Curtailment of Its Habitat or Range residential clearing (including and availability of food resources Habitat Destruction and Modification by relocation due to tsunami), and natural suggest that the bat is currently able to Deforestation causes such as rising sea level and persist on islands where feral goat hurricanes (Ministry of Natural browsing is occurring (Esselsytn et al. Deforestation has caused the Resources and Environment (MNRE) destruction and modification of foraging 2004, p. 307; Palmeirim et al. 2005, pp. 2013, p. 47). 28–29). However, because the direct and habitat of the Pacific sheath-tailed bat as On Upolu, direct or indirect human a result of the loss of cover and indirect impacts of goat browsing on the influence has caused extensive damage preferred foraging habitat of the bat are reduction of available insect prey. The to native forest habitat (above 2,000 ft or loss of native plant diversity associated currently occurring and expected to 600 m) (MNRE 2013, p. 13). Although continue into the future in Fiji, we with the conversion of native forests to forested, almost all upland forests on agriculture and other uses usually conclude that habitat destruction and Upolu are largely dominated by degradation by goat browsing is a threat results in a corresponding reduction in introduced species today. Savaii still the diversity and number of flying to the continued existence of the bat in has extensive upland forests, which are Fiji. insects (Hespenheide 1975, pp. 84, 96; for the most part undisturbed and Waugh and Hails 1983, p. 212; composed of native species (MNRE Conservation Efforts To Reduce Habitat Tarburton 2002, p. 107). Deforestation 2013, p. 40). Although the large Fijian Destruction, Modification, or results from logging, agriculture, islands still have some areas of native Curtailment of Its Range development, and hurricanes forest, much of it has been lost (e.g., 17 (Government of Samoa 2001, p. 59; percent between 1990 and 2000; FAO American Samoa Wiles and Worthington 2002, p. 18). 2005 in litt.), and commercial logging Based on the preference of the Mariana The National Park of American Samoa continues (Palmeirim et al. 2007, p. (NPSA) was established to preserve and subspecies for foraging in forested 515). The best available information habitats near their roost caves, Wiles et protect the tropical forest and does not provide the current status of archaeological and cultural resources, to al. (2011, p. 307) predict that past native forests and rates of forest loss in deforestation in the Mariana archipelago maintain the habitat of flying foxes, to Tonga or Vanuatu. Native forests are preserve the ecological balance of the may be a principal factor in limiting preferred foraging habitat of the Pacific Samoan tropical forest, and, consistent their current population to the island of sheath-tailed bat, and deforestation is with the preservation of these resources, Aguiguan, which has healthy native occurring in Fiji (where the last to provide for the enjoyment of the forest. Similarly, in Fiji, most sheath- relatively large population occurs), and unique resources of the Samoan tropical tailed bat colonies are found roosting in in Samoa, and has occurred in forest by visitors from around the world caves in or near good forest (e.g., closed American Samoa. Therefore, we (Pub. L. 100–571, Pub. L. 100–336). canopy, native forest) (Palmeirim et al. conclude that habitat destruction and Under a 50-year lease agreement 2005, pp. 36, 44); however, much of it modification by deforestation is a between local villages, the American has been lost on the large Fijian islands current threat to the species. This threat Samoa Government, and the Federal (Palmeirim et al. 2007, p. 515). is concentrated in Fiji and Samoa, Government, approximately 8,000 ac Deforestation has been extensive and which comprise roughly 62 percent of (3,240 ha) of forested habitat on the is ongoing across the range of the Pacific the land area and occupy the center of islands of Tutuila, Tau, and Ofu are sheath-tailed bat. On the island of the bat’s range. Tutuila, American Samoa, agriculture protected and managed, including and development cover approximately Habitat Destruction and Modification by suitable foraging habitat for the Pacific 24 percent of the island and are the Feral Goats sheath-tailed bat (NPSA Lease concentrated in the coastal plain and Overgrazing by nonnative feral goats Agreement 1993). low-elevation areas where loss of forest has resulted in the destruction and Samoa is likely to have modified foraging degradation of forests on island habitat for sheath-tailed bats (American ecosystems (Esselsytn et al. 2004, p. As of 2014, a total of approximately Samoa Community College (ASCC) 307; Palmeirim et al. 2005, p. 46; Berger 58,176 ac (23,543 ha), roughly 8 percent 2010, p. 13). In Samoa, the amount of et al. 2011, pp. 36, 38, 40, 42–47; CNMI– of the total land area of Samoa (285,000 forested area declined from 74 to 46 SWARS 2010, p. 15; Kessler 2011, pp. ha) was enlisted in terrestrial protected percent of total land area between 1954 320–323; Pratt 2011, pp. 2, 36; Welch et areas, with the majority located in five and 1990 (Food and Agricultural al. 2016). Overgrazing of the forest national parks covering a total of 50,629 Organization (FAO) 2005 in litt.). understory by goats resulted in little or ac (20,489 ha), overlapping several sites Between 1978 and 1990, 20 percent of no recruitment of canopy tree species in known to be previously occupied by the

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bat (Tarburton 2002, pp. 105–107; factor in the decline of the Pacific caves, where smooth rock overhangs in Tarburton 2011, pp. 43–46). sheath-tailed bat throughout its range. tall caverns provide nesting surfaces Terrestrial predators may be able to take safe from rats, cats, and other predators Fiji the bat directly from its roosts, which (Tarburton 2011, p. 38). However, bats Fiji currently has 23 terrestrial are often in exposed sites such as roosting in caves with low ledges or protected areas covering 188 sq mi (488 shallow caves, rock overhangs, or cave those that are filled with debris as a sq km) or 2.7 percent of the nation’s entrances. Domestic and feral cats (Felis result of rockfalls or severe weather land area (Fiji Department of catus) can capture low-flying bats; cats events are likely to either abandon such Environment 2014, pp. 20–21). Most have been documented to wait for bats caves or become more accessible to notably, on Taveuni Island, the Bouma as they emerge from caves and capture predators such as rats. Rats have been National Heritage Park (3,500 ac (1,417 them in flight (Tuttle 1977 in Palmeirim postulated as a problem for the Mariana ha)), Taveuni Forest Reserve (27,577 ac et al. 2005, p. 33; Ransome 1990 in subspecies of the Pacific sheath-tailed (11,160 ha)), and Ravilevu Reserve Palmeirim et al. 2005, p. 33; Woods et bat (Wiles et al. 2011, p. 306); their (9.934 ac (4,020 ha)) may contain caves al. 2003, pp. 178, 188). Consequently, remaining roost sites on Aguiguan and could provide important foraging even a few cats can have a major impact appear to be those that are inaccessible habitat for the Pacific sheath-tailed bat on a population of cave-dwelling bats to rodents (Wiles and Worthington (Fiji Department of Environment 2011; (Palmeirim et al. 2005, p. 34). 2002, p. 18; Berger et al. 2005, p. 144). Naikatini 2015, in litt.; Scanlon 2015a, Of the predators introduced to Fiji, Nonnative rats are present throughout in litt.). Additional areas of remnant cats are the most likely to prey on bats the range of Pacific sheath-tailed bats forest and important bat habitat are also (Palmeirim et al. 2005, pp. 33–34). On (Atkinson and Atkinson 2000, p. 32), managed informally under traditional Cicia Island in the Lau group in Fiji, and although we lack information about custodial management systems (Scanlon Palmeirim et al. (2005, p. 34) observed the impact of rats on this species, based 2015a, in litt.). a cat next to the entrance of a cave on information from other bat species, Summary of Factor A where Pacific sheath-tailed bats roosted, we consider rats to be predators of this far from any human settlement. On species. Based on our review of the best Lakeba (Lau), a cave that once harbored In summary, nonnative mammalian available scientific and commercial a large colony of Pacific sheath-tailed predators such as rats and feral cats are information, habitat destruction and bats is now empty and called Qara ni present throughout the range of the degradation by deforestation, as a result Pusi (cave of the cat; (Palmeirim et al. Pacific sheath-tailed bat. Predation of of logging and land-clearing for 2005, p. 34)). Feral cats are also present related subspecies and other cave- agriculture and other land-uses, is on Tutuila and on the Manua Islands in roosting bats by rats and feral cats occurring throughout the range of the American Samoa, (Freifeld 2007, pers. strongly suggests a high probability of Pacific sheath-tailed bat. Although the comm.; Arcilla 2015, in litt.). Feral cats predation of the Pacific sheath-tailed conservation efforts described above have also been documented in Samoa, bat. Based on the above information, we provide some protection from timber Tonga, and are likely present in conclude that predation by rats and feral harvesting and forest clearing for Vanuatu (Atkinson and Atkinson 2000, cats is a current and future threat to the agriculture and development within p. 32; Freifeld 2007, pers. comm.; Pacific sheath-tailed bat throughout its protected areas, they do not provide Arcilla 2015, in litt.). range. protection of all of the sheath-tailed Rats (Rattus spp.) may also prey on bat’s habitat from these activities, or the Pacific sheath-tailed bat. Rats are Disease from grazing and browsing by feral goats omnivores and opportunistic feeders Disease may contribute to the decline or habitat degradation and destruction and have a widely varied diet consisting of the Pacific sheath-tailed bat, by hurricanes, such that listing is not of nuts, seeds, grains, vegetables, fruits, especially because of the bat’s warranted. Habitat destruction and insects, worms, snails, eggs, frogs, fish, communal roosting (Wiles and modification and range curtailment are reptiles, birds, and mammals (Fellers Worthington 2002, p. 13). current threats to the Pacific sheath- 2000, p. 525; Global Invasive Species Microchiropterans have been severely tailed bat that are likely to persist in the Database 2011). Rats are known to prey affected by certain diseases, such as future. on non-volant (young that have not white nose syndrome in North America; Factor B: Overutilization for developed the ability to fly) bats at therefore, the possibility exists that an Commercial, Recreational, Scientific, or roosting sites and can be a major threat undetected disease has led or Educational Purposes to bat colonies (Wiles et al. 2011, p. contributed to the extirpation of this 306). Of several nonnative rats found on species on several islands (Malotaux In the analysis for our proposed rule, islands in the Pacific, black rats (R. 2012a in litt.). However, disease has not we had no information indicating that rattus) likely pose the greatest threat to been observed either in the Mariana or the Pacific sheath-tailed bat is collected Pacific sheath-tailed bats because of South Pacific subspecies of Pacific for commercial, recreational, scientific, their excellent climbing abilities sheath-tailed bat (Palmeirim et al. 2007, or educational purposes. We have (Palmeirim 2015, in litt.). Although we p. 517; Wiles et al. 2011, p. 306). The received no new information. When this lack direct evidence of black rats best available information does not final listing becomes effective (see preying on Pacific sheath-tailed bats, indicate that disease is a threat to this DATES, above), research and collection of this rat species has had documented, species; therefore, we conclude that this species will be regulated through adverse impacts to other colonial disease is not a current threat to the permits issued under section 10(a)(1)(A) species of small bats, such as Pacific sheath-tailed bat or likely to of the Act. Townsend’s big-eared bat (Corynorhinus become a threat in the future. Factor C: Disease or Predation townsendii) in California (Fellers 2000, pp. 524–525), and several species Conservation Efforts To Reduce Disease Predation by Nonnative Mammals (Mystacina spp.) in or Predation Predation by nonnative mammals (Daniel and Williams 1984, p. 20). We are unaware of any conservation (mammals that occur in an area as a Based on observations of swiftlets, cave- actions planned or implemented at this result of introduction by humans) is a nesting birds often share bats’ roosting time to abate the threats of predation by

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feral cats or rats to the Pacific sheath- protection and control of nonnative Under ASCA, title 24, chapter 06 tailed bat. predators (DMWR 2006, pp. 79–80). (Quarantine), the director of the Department of Agriculture (DOA) has Summary of Factor C The Territorial Endangered Species Act provides for appointment of a the authority to promulgate agriculture In summary, based on the best Commission with the authority to quarantine restrictions concerning available scientific and commercial nominate species as either endangered . Using this authority, the DOA information, we consider predation by or threatened (ASCA, title 24, chapter has restricted the importation of insects, nonnative mammals to be an ongoing 7). Regulations adopted under the farm animals, and ‘‘domestic pets,’’ threat to the Pacific sheath-tailed bat Coastal Management Act (ASCA including exotic animals, to entry by that will continue into the future. We do § 24.0501 et seq.) also prohibit the permit only (See ASAC § 24.0305 et not find that disease is a threat to the taking of threatened or endangered seq.). Yet these restrictions do not Pacific sheath-tailed bat, or that it is species listed as threatened or expressly extend to all non- likely to become one in the future. endangered by the American Samoa domesticated animals, nor does the Factor D: The Inadequacy of Existing Government (ASG) (American Samoa DMWR have any consultative role in Regulatory Mechanisms Administrative Code (ASAC) restricting entry of animals (or plants) harmful to wildlife or native flora. The Act requires that the Secretary § 26.0220.I.c). However, the ASG has not listed the bat as threatened or Accordingly, existing statutes and assess available regulatory mechanisms regulations leave a great deal of in order to determine whether existing endangered, so these regulatory mechanisms do not provide protection discretion to the DOA, which may not regulatory mechanisms may be block the entry of animals harmful to inadequate as designed to address for this species. Commercial hunting and exportation native species or their habitats (DMWR threats to the species being evaluated 2006, p. 80). These regulations do not (Factor D). Under this factor, we of the Pacific sheath-tailed bat is prohibited under ASCA, title 24, require any measures to control examine whether existing regulatory nonnative animals, such as mammalian mechanisms are inadequate to address chapter 23, ‘‘Conservation of Flying Foxes,’’ which also authorizes and predators, that already are established the potential threats to the Pacific and proving harmful to native species sheath-tailed bat discussed under other directs the ASG DMWR to monitor flying fox populations, protect roosting and their habitats. factors. In determining whether the The Territorial Coastal Management areas from disturbance, and conduct inadequacy of regulatory mechanisms Act establishes a land use permit (LUP) other activities to manage and protect constitutes a threat to the Pacific sheath- system for development projects and a the species. This law identifies the tailed bat, we analyzed the existing Project Notification Review System Pacific sheath-tailed bat as a ‘‘flying fox Federal, Territorial, and international (PNRS) for multi-agency review and species’’ (ASCA § 24.2302), but it has laws and regulations that may address approval of LUP applications (ASAC not led to measures implemented to the threats to this species or contain § 26.0206). The standards and criteria relevant protective measures. Regulatory protect the Pacific sheath-tailed bat or for review of LUP applications include mechanisms, if they exist, may preclude its habitat from known threats. The sale requirements to protect Special the need for listing if we determine that and purchase of all native bats is Management Areas (SMA), Unique such mechanisms adequately address prohibited, and the take, attempt to take, Areas, and ‘‘critical habitats’’ where the threats to the species such that and hunting of all native bats are ‘‘sustaining the natural characteristics is listing is not warranted. prohibited unless explicitly allowed important or essential to the during an officially proclaimed hunting American Samoa productivity of plant and season (ASAC § 24.1106); take is species, especially those that are In American Samoa no existing defined as harass, harm, pursue, hunt, threatened or endangered’’ on all lands Federal laws, treaties, or regulations shoot, wound, kill, trap, capture, or and in coastal waters in the territory not specify protection of the Pacific sheath- collect or to attempt to engage in such under federal management authority tailed bat’s foraging habitat from the conduct (ASAC § 24.1101(f)). However, (ASCA § 24.0501 et seq.). To date, three threats of agriculture and development, we do not consider hunting or other SMAs have been designated ( protect its known roosting caves from forms of utilization to be a threat to the Harbor, Leone Pala, and Nuuuli Pala; disturbance, or address the threat of Pacific sheath-tailed bat. ASAC § 26.0221), and all are in coastal predation by nonnative mammals such Under a 50-year lease agreement and mangrove habitats on the south as rats and feral cats. While some between local villages, the American shore of Tutuila that likely provide little existing Territorial laws and regulations Samoa Government, and the Federal foraging habitat and no roosting habitat have the potential to afford the species Government, approximately 8,000 ac for the Pacific sheath-tailed bat. The some protection, their implementation (3,240 ha) of forested habitat on the only Unique Area designated to date is does not achieve that result. The DMWR islands of Tutuila, Tau, and Ofu are the Ottoville Rainforest (American is given general statutory authority to protected and managed in the National Samoa Coastal Management Program ‘‘manage, protect, preserve, and Park of American Samoa (NPSA Lease 2011, p. 52), also on Tutuila’s south perpetuate marine and wildlife Agreement 1993). There is the potential shore, which hypothetically may resources’’ and to promulgate rules and for development surrounding park in- provide some foraging habitat for Pacific regulations to this end (American holdings, but such forest clearing would sheath-tailed bats, but it is a relatively Samoa Code Annotated (ASCA), title 24, be isolated and small in scale compared small island of native forest in the chapter 3). This agency conducts to the large tracts of forested areas middle of the heavily developed Tafuna monitoring surveys, conservation protected. Although the lease agreement Plain (Trail 1993, p. 4), far from the last activities, and community outreach and results in overall protection of the lands known roost sites of this species. To the education about conservation concerns. in the national park from development, best of our knowledge, no critical However, to our knowledge, DMWR has this protection does not reduce or habitats, as defined in the ASCA, have not used this authority to undertake eliminate the range-wide threats to the been designated. conservation efforts for the Pacific Pacific sheath-tailed bat to the extent Nonetheless, these laws and sheath-tailed bat such as habitat that listing is not warranted. regulations are designed to ensure that

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‘‘environmental concerns are given flying species endemic to Samoa; and and it does not appear to have been appropriate consideration,’’ and include (3) the export of any bird from Samoa effective for that purpose. provisions and requirements that could (MNRE and SPREP 2012, pp. 5–6). As Fiji address to some degree threats to native described above, the Pacific sheath- forests and other habitats important to tailed bat is neither endemic to the In Fiji, the Endangered and Protected the Pacific sheath-tailed bat, even Samoan archipelago, nor is it listed as Species Act (2002) regulates the though individual species are not a ‘‘flying species endemic to Samoa’’ international trade, domestic trade, named (ASAC § 26.0202 et seq.). under the Protection of Wildlife possession, and transportation of Because the implementation of these Regulations 2004. Therefore, it is not species protected under CITES and regulations has been minimal, and protected by the current regulations. other species identified as threatened or because review of permits is not The Planning and Urban Management endangered under this act. Under the rigorous and does not reliably include Act 2004 (PUMA) and PUMA law, the Pacific sheath-tailed bat is the members of the PNRS Board Environmental Impact Assessment (EIA) recognized as an ‘‘indigenous species responsible for management of wildlife Regulation (2007) were enacted to not listed under CITES.’’ Its recognition and natural resources (ASCA ensure all development initiatives are under the law can garner public § 26.026.C), issuance of permits has not properly evaluated for adverse recognition of the importance of provided the habitat protection environmental impacts (MNRE 2013, p. conserving the bat and its habitat necessary for the conservation of the 93). The information required under (Tuiwawa 2015, in litt.); however, because the focus of the legislation is species and there has been a continued PUMA for Sustainable Management the regulation of foreign and domestic loss of native habitat important to the Plans (Para. 18, Consultation) and trade, and the bat is not a species in Pacific sheath-tailed bat and other Environmental Impact Assessments trade, this law is not intended to species as a result of land clearing for (Para. 46, Matters the Agency shall provide protection for the bat or its agriculture and development (DMWR consider) does not include specific habitat within Fiji. The best available 2006, p. 71). We conclude that the consideration for species or their habitat information does not identify any laws implementation of the Coastal (PUMA 2004, as amended). Other or regulations protecting the habitat of Management Act and its PNRS does not similar approval frameworks mandated the Pacific sheath-tailed bat in Fiji. address the threat of habitat destruction under other legislation address specific and degradation to the Pacific sheath- stressors and activities. These include Tonga tailed bat. the permit system under the Lands In summary, some existing Territorial In Tonga, the Birds and Fish Surveys and Environment Act 1989 for laws and regulatory mechanisms have Preservation (Amendment) Act 1989 is sand mining and coastal reclamation, the potential to offer some level of a law to ‘‘make provision for the and ground water exploration and protection for the Pacific sheath-tailed preservation of wild birds and fish.’’ abstraction permits under the Water bat and its habitat but are not currently The law protects birds and fish, and Resources Act 2008 (MNRE 2013, p. 93). implemented in a manner that would do provides for the establishment of The PUMA process has been gaining in so. The DMWR has not exercised its protected areas, but it does not acceptance and use; however, statutory authority to address threats, specifically protect the Pacific sheath- information is lacking on its such as nonnative species, to the bat. tailed bat or its habitat (Kingdom of effectiveness in preventing adverse The bat is not listed pursuant to the Tonga 1988, 1989). impacts to species or their habitats Territorial Endangered Species Act. The Vanuatu Coastal Management Act and its (MNRE 2013, p. 93). implementing regulations have the The Forestry Management Act 2011 In Vanuatu, the Environment potential to address this threat more aims to provide for the effective and Management and Conservation Act substantively, but are inadequately sustainable management and utilization (2002) provides for conservation, implemented. The lease agreements that of forest resources. This law creates the sustainable development, and establish the National Park of American requirement for a permit or license for management of the environment of Samoa do provide some protection of commercial logging or harvesting of Vanuatu. Areas of the law that may the bat’s habitat from land-clearing for native, agro-forestry, or plantation forest apply to species protection are the agriculture, but do not address other resources (MNRE and SPREP 2012, p. Environmental Impact Assessment threats to the bat. Therefore, we 18). Permitted and licensed activities process, which includes an assessment conclude that regulatory mechanisms in must follow approved Codes of Practice, of protected, rare, threatened, or American Samoa do not reduce or forestry harvesting plans, and other endangered species or their habitats in eliminate the threats to the Pacific requirements set by the Ministry of project areas, laws on bioprospecting, sheath-tailed bat. Natural Resources and Environment. and the creation of Community Certain restrictions apply to actions on Conservation Areas for the management Samoa protected lands such as national parks of unique genetic, cultural, geological, In Samoa, the Animals Ordinance and reserves. Permits or licenses may or biological resources (Environmental 1960 and the Protection of Wildlife designate certain areas for the protection Management and Conservation Act, Part Regulations 2004 regulate the of the biodiversity, endangered species, 3, Environmental Impact Assessment). protection, conservation, and utilization implementation of international Although the EMCA contains the of terrestrial or land-dwelling species conventions, or water resources or area regulatory provisions mentioned above, (MNRE and the Secretariat of the Pacific determined to be of significance on they do not sufficiently address the Regional Environment Programme which no forestry activities may be ongoing threats of deforestation, (SPREP) 2012, p. 5). These laws and undertaken (Forestry Management Act predation, and small population size for regulations prohibit, and establish 2011, Para. 57). Although this law the Pacific sheath-tailed bat in Vanuatu. penalties for committing, the following includes these general considerations The Wild Bird Protection law (Republic activities: (1) The taking, keeping, or for managing forest resources, it does of Vanuatu 2006) is limited to birds and killing of protected and partially not specifically provide protection to does not offer protection to the Pacific protected animal species; (2) harm of habitat for the Pacific sheath-tailed bat, sheath-tailed bat or its habitat.

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Summary of Factor D protection from inclement weather, help above. Because so few populations of Based on the best available bats conserve energy, and minimize this bat remain, loss of additional information, some existing regulatory some predation risk (Kunz and populations to roost disturbance further mechanisms have the potential to offer Lumsden 2003, p. 3); therefore, erodes its diminished abundance and protection, but their implementation disturbance at caves and being distribution. Based on the above does not reduce or remove threats to the repeatedly flushed from their roosts may information, roost disturbance at caves Pacific sheath-tailed bat. In American cause bats to incur elevated energetic accessible to humans and animals such Samoa the DMWR has not exercised its costs and other physiological stress and as feral goats is a current threat and will statutory authority to address threats to potentially increased risk of predation likely continue to be a threat into the the bat such as predation by nonnative while in flight. Roost disturbance thus future. would negatively affect the survival and species, the bat is not listed pursuant to Pesticides the Territorial Endangered Species Act, reproduction of the Pacific sheath-tailed The use of pesticides may negatively and the Coastal Management Act’s land bat. affect the Pacific sheath-tailed bat as a use permitting process is implemented In American Samoa, human result of direct toxicity and a reduction inadequately to reduce or remove the disturbance at the two caves known to in the availability of insect prey. threat of habitat destruction or be historical roost sites for the bat is Pesticides are known to adversely affect modification to the Pacific sheath-tailed likely to be minimal. Guano mining bat populations, either by secondary bat. In Samoa, laws and regulations that occurred in the Anapeapea caves in the poisoning when bats consume provide for species protection do not 1960s (Amerson et al. 1982, p. 74), but contaminated insects or by reducing the include the bat in lists of protected ceased due to the high salt content as a availability of insect prey (Hutson et al. species, and laws and regulations result of flooding with seawater during 2001, p. 138; Mickleburgh et al. 2002, p. governing environmental review of cyclones (Grant et al. 1994, p. 135). On 19). Pesticides may have contributed to development projects do not include Taveuni, Fiji, a cave known to be used declines and loss of the Mariana consideration of native species or their as a roosting cave for the Pacific sheath- subspecies of Pacific sheath-tailed bat habitat. Forestry management laws tailed bat is under more immediate on islands where pesticides were once provide for protection of native species threat by humans, as the cave is situated applied in great quantities (Guam, and habitat through permitting and close to farmland, and is often used by Saipan, and Tinian) (Wiles and licensing processes but have not locals (Malotaux 2012a, p. 3). On Upolu, Samoa, caves previously known to Worthington 2002, p. 17). resulted in amelioration of habitat loss In American Samoa and Samoa, in Samoa. Fiji’s endangered species law support bats are well-known and often visited by tourists; one within O le Pupu current levels of pesticide use are likely is focused on trade, and the Pacific lower than several decades ago when sheath-tailed bat is not a species in trade Pue National Park and others on village land (Tarburton 2011, pp. 40, 44). their use, particularly during the years and derives no conservation benefit in which taro was grown on large scales from this law. Laws and regulations Swiftlets (Aerodramus spp.) are still observed in significant numbers in these for export (1975–1985), coincided with governing management of wildlife and the decline of bats in both places and native forest in Tonga and Vanuatu do caves (Tarburton 2011, p. 40), but these birds may be more tolerant than bats of has been implicated as the cause not provide specific protections for the (Tarburton 2002, p. 107). However, bat or its habitat, or have not resulted human disturbance. We do not have information on human disturbance of Grant et al. (1994, pp. 135–136) in conservation of habitat sufficient to dismissed the role of insecticides in the preclude the need to list Pacific sheath- roosts in Tonga or Vanuatu. Goats are certain to enter caves for decline of the bat in American Samoa tailed bat. In sum, we conclude that shelter from the sun and consequently based on the absence of a similar existing regulatory mechanisms do not can disturb roosting bats, although the population crash in the insectivorous address the threats to the Pacific sheath- extent of this disturbance is unknown white-rumped swiftlet (Aerodramus tailed bat. (Scanlon 2015b, in litt.). Feral goats spodiopygius) and the limited use of Factor E: Other Natural or Manmade have been observed entering caves on agricultural and mosquito-control Factors Affecting Its Continued Aguiguan Island for shelter, which pesticides. On the island of Taveuni in Existence disrupts colonies of the endangered Fiji, where bat populations have swiftlet and is believed to disturb the persisted at low levels over the last 10 Roost Disturbance Mariana subspecies of the Pacific years (Palmeirim et al. 2005, p. 62, Disturbance of roosting caves has sheath-tailed bat (Wiles and Malotaux 2012, in litt.), several locals contributed to the decline of the Pacific Worthington 2002, p. 17; Cruz et al. reported that pesticide use was quite sheath-tailed bat throughout its range. 2008, p. 243; Scanlon 2015b, in litt.). widespread, and their use may be Disturbance of roost caves by humans is Researchers found that if caves that similar on other Fijian islands likely to have occurred as a result of were otherwise suitable for bats were (Malotaux 2012, in litt.). We do not have recreation, harvesting of co-occurring occupied by goats, there were no bats information about pesticide use in bat species, and, more commonly, guano present in the caves (Guam Division of Tonga or Vanuatu. The best available mining (Grant et al. 1994, p. 135; Aquatic and Wildlife Resources 1995, p. information does not lead us to Tarburton 2002, p. 106; Wiles and 95). On Yaqeta Island, Fiji, a cave once conclude that the use of pesticides is a Worthington 2002, p. 17; Palmeirim et known to support several hundred current threat to the Pacific sheath- al. 2005, pp. 63, 66; Malotaux 2012a in Pacific sheath-tailed bats but now tailed bat or that it is likely to become litt.; Malotaux 2012b in litt.). Roost abandoned, is located within a small one in the future. disturbance is a well-known problem for forest fragment frequented by goats many cave-dwelling species (Palmeirim (Scanlon et al. 2013, p. 453). Hurricanes et al. 2005, p. 3). Roosts are important Populations of the Pacific sheath- Although severe storms are a natural sites for bats for mating, rearing young, tailed bat are concentrated in the caves disturbance with which the Pacific and hibernating (in mid- and high- where they roost, and chronic sheath-tailed bat has coexisted for latitude species). Roosts often facilitate disturbance of these sites can result in millennia, such storms exacerbate other complex social interactions, offer the loss of populations, as described threats to the species by adversely

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affecting habitat and food resources and modifying vegetation in and around disturbance to the roost caves (Wiles pose a particular threat to its small and cave entrances and altering climate and Worthington 2002, p. 20). isolated remaining populations. conditions within roosting caves as a Species that undergo significant American Samoa, Samoa, Fiji, Tonga, result. Microchiropterans, such as the habitat loss and degradation and face and Vanuatu are irregularly affected by Pacific sheath-tailed bat, can spend over other threats resulting in decline in hurricanes (Australian BOM and CSIRO half their lives in their roosts; numbers and range reduction are 2011 Vol. 1, p. 41). Located in the consequently, the microclimate of these inherently highly vulnerable to Southern Hemisphere, these countries habitats can exert a strong influence extinction resulting from localized experience most hurricanes during the over their heat-energy balance catastrophes such as severe storms or November to April wet season, with the (Campbell et al. 2011, p. 174). The disease outbreaks, climate change maximum occurrence between January presence of nearby forest cover and a effects, and demographic stochasticity and March (Australian BOM and CSIRO well-developed tree canopy at cave (Shaffer 1981, p. 131; Gilpin and Soule´ 2011 Vol. 1, p. 47). In the 41-year period entrances is likely to be important in 1986, pp. 24–34; Pimm et al. 1988, p. ending in 2010, more than 280 maintaining temperature and relative 757; Mangel and Tier 1994, p. 607). hurricanes passed within 250 mi (400 humidity, and minimizing air Conditions leading to this level of km) of Samoa (52 storms), Tonga (71), movement in bat roosts, while allowing vulnerability are easily reached by Fiji (70), and Vanuatu (94) (Australian for passage. O’Shea and Valdez (2009, island species that face numerous BOM and CSIRO 2011, pp. 76, 186, 216, pp. 77–78) characterized the limestone threats such as those described above. 244). In recent decades, several major cave ecosystem of the Mariana Small populations persisting in (named) storms have hit American subspecies on Aguiguan as having fragmented habitat face increased risk Samoa and Samoa (Tusi in 1987, Ofa in constant temperature, high relative from environmental catastrophes, such 1990, Val in 1991, Heta in 2004, and humidity, and no major air movement. as hurricanes, which could immediately Olaf in 2005 (MNRE 2013, pp. 31–32; Although such data are lacking for the extinguish some or all of the remaining Federal Emergency Management Agency Pacific sheath-tailed bat, alteration of populations; demographic stochasticity 2015, in litt.)); Tonga (Waka in 2001 and climate conditions has been implicated that could leave the species without Ian in 2014 (Tonga Meteorological in the abandonment of roost caves by sufficient males or females to be viable; Service 2006, in litt.; World Bank 2014, other bat species (Hutson et al. 2001, p. or inbreeding depression or loss of in litt.)); Fiji (Tomas in 2010 (Digital 101). adaptive potential that can be associated Journal 2010, in litt.)); and, most Loss of forest cover and associated with loss of genetic diversity and result recently, Vanuatu (Pam in 2015 (BBC insect prey for bats as a result of in eventual extinction (Shaffer 1981, p. 2015, in litt.)). hurricanes can reduce foraging 131; Lacy 2000, pp. 40, 44–46). The The high winds, waves, strong storm opportunities. Following Cyclones Ofa problems associated with small surges, high rainfall, and flooding (1990) and Val (1991), about 90 percent population size and vulnerability to associated with hurricanes, particularly of the forests on Upolu and Savaii were natural catastrophes or random severe hurricanes (with sustained winds blown over or defoliated (Park et al. demographic or genetic fluctuations are of at least 150 mi per hour or 65 m per 1992, p. 4; Elmqvist et al. 2002, pp. 385, further magnified by synergistic second) cause direct mortality of the 388). Tarburton (2002, p. 107) noted that interactions with ongoing threats such Pacific sheath-tailed bat. Cyclones Ofa the abundance of flying insects as those discussed above under Factors (1990) and Val (1991) removed the remained low for weeks after cyclones A and C (Lacy 2000, pp. 45–47). dense vegetation that had obscured the had defoliated trees. Although the Breakdown of the Metapopulation entrance to the larger cave at Anapeapea Pacific sheath-tailed bat has the capacity Equilibrium Cove, inundated the cave with water, to forage in a variety of habitats, a study filled it with coral and fallen trees, and of habitat use by the Mariana subspecies The Pacific sheath-tailed bat is washed the cave walls clean (Craig et al. showed a clear preference for forested thought to have a metapopulation 1993, p. 52; Grant et al. 1994, p. 135). habitats (Esselstyn et al. 2004, p. 307). structure (Palmeirim et al. 2005, p. 29), The majority of sheath-tailed bats in the Finally, the Pacific sheath-tailed bat’s and will only persist in an archipelago cave likely were killed when the severely diminished abundance and if the island colonization rate is hurricane hit (Grant et al. 1994, p. 135). distribution increase the likelihood that sufficiently high to compensate for the Hurricanes also cause direct mortality mortality events will cause population- rate of extirpation caused by stochastic of the Pacific sheath-tailed bat as a level impacts and increase the factors on individual islands (Palmeirim result of the bats’ inability to forage vulnerability of populations and of the et al. 2005, p. 36). However, the during extended periods of high wind or species to environmental catastrophes. colonization rate is obviously rain, during which they may starve. Based on the information described proportional to the availability of source Cyclone Val (December 1991) remained above, we consider hurricanes to be a populations; immigration of bats to stationary over the Samoan archipelago factor that exacerbates other threats to recolonize sites or islands where the for 4 days, and Pacific sheath-tailed bats the Pacific sheath-tailed bat. species was extirpated is dependent on likely were unable to feed during this sufficient numbers of animals existing time (Grant et al. 1994, p. 135). Despite Low Numbers of Individuals and in multiple other sites or islands within the ability of Pacific sheath-tailed bats Populations dispersal distance (Hanski and Gilpin to enter torpor to survive episodes of The low numbers of individuals and 1991, pp. 4–14). Consequently, the inclement weather, the high ambient populations of this subspecies place the extirpation of the Pacific sheath-tailed temperatures in Samoa may preclude Pacific sheath-tailed bat at great risk of bat from some islands, particularly from the energy savings necessary to sustain extinction from inbreeding and the largest islands, may in the long term a small (4–7-g) torpid bat for an stochastic events such as storms. The result in the permanent regional extended period (Grant et al. 1994, p. threat is significant for cave-dwelling extinction of the species, even if 135). species whose populations are often suitable environmental conditions Hurricanes may also cause highly localized with few numbers of persist on some islands (Palmeirim et al. modification of the roosting habitat of animals that can easily be lost in a 2005, p. 36). For example, the continued the Pacific sheath-tailed bat by severe storm, disease outbreak, or decline of the only significant source

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population of Pacific sheath-tailed bat 611–612; IPCC AR4 2007, p. 48; increases when a species’ range and in the Fijian archipelago greatly Emanuel et al. 2008, p. 365; U.S. Global habitat requirements are restricted, its diminishes the probability of Change Research Program (US–GCRP) habitat decreases, and its numbers and recolonization and persistence 2009, pp. 145–149, 153; Keener et al. number of populations decline (IPCC throughout the remainder of its range in 2010, pp. 25–28; Sturrock et al. 2011, p. 2007, pp. 8–11). In addition, the Fiji, where it is currently considered to 144; Townsend et al. 2011, pp. 14–15; fragmented range, diminished number be extirpated or nearly extirpated. The Warren 2011, pp. 221–226; Finucane et of populations, and low total number of loss of a functioning metapopulation is al. 2012, pp. 23–26; Keener et al. 2012, individuals have caused the Pacific a current threat and will continue to be pp. 47–51). sheath-tailed bat to lose redundancy and a threat in the future. In the western Pacific region, resilience rangewide. Therefore, we increased ambient temperatures are Effects of Climate Change would expect the Pacific sheath-tailed projected to lead to increases in annual bat to be particularly vulnerable to the Our analyses under the Act include mean rainfall, the number of heavy rain habitat impacts of projected consideration of ongoing and projected days (20–50 mm), and extreme rainfall environmental effects of climate change changes in climate. Currently, there are events in American Samoa, Samoa Fiji, (Loope and Giambelluca 1998, pp. 504– no climate change studies that address Tonga, and Vanuatu (Australian BOM 505; Pounds et al. 1999, pp. 611–612; impacts to the specific habitat of the and CSIRO 2011 Vol. 1, p. 178; Still et al. 1999, p. 610; Benning et al. Pacific sheath-tailed bat. There are, Australian BOM and CSIRO 2011 Vol. 2, 2002, pp. 14,246–14,248; Giambelluca however, climate change studies that pp. 87–88, 194–195, 224–225, 254–255). and Luke 2007, pp. 13–15). Although address potential changes in the tropical Impacts of increased precipitation on we cannot predict the timing, extent, or Pacific on a broader scale. In our the Pacific sheath-tailed bat are magnitude of specific impacts, we do analyses, we reference the scientific unknown. expect the effects of climate change to assessment and climate change Hurricanes are projected to decrease exacerbate the current threats to these predictions for the western Pacific in frequency in this part of the Pacific species, such as habitat loss and region prepared by the Pacific Climate but increase in severity as a result of degradation. Change Science Program (PCCSP), a global warming (Australian BOM and collaborative research partnership CSIRO 2011 Vol. 2, pp. 88, 195, 225, Conservation Efforts To Reduce Other between the Australian Government and 255). The high winds, waves, strong Natural or Manmade Factors Affecting 14 Pacific Island countries, including storm surges, high rainfall, and flooding Its Continued Existence Samoa, Tonga, Fiji, and Vanuatu associated with hurricanes, particularly We are unaware of any conservation (Australian BOM and CSIRO 2011 Vol. severe hurricanes (with sustained winds actions planned or implemented at this 1, p. 15). The assessment builds on the of 150 mi (240 km) per hour), have Fourth Assessment Report of the periodically caused great damage to time to abate the threats to the Pacific Intergovernmental Panel on Climate roosting habitat of Pacific sheath-tailed sheath-tailed bat from roost disturbance, Change (IPCC), and presents regional bats and to native forests that provide low numbers, hurricanes, climate predictions for the area roughly between their foraging habitat (Craig et al. 1993, change effects, or breakdown of the 25° S. to 20° N. and 120° E. to 150° W. p. 52; Grant et al. 1994, p. 135; metapopulation equilibrium. (excluding the Australian region south Tarburton 2002, pp. 105–108; Palmeirim Summary of Factor E of 10° S. and west of 155° E.) (Australian et al. 2005, p. 35), as described in the BOM and CSIRO 2011 Vol. 1, pp. 14, ‘‘Hurricanes’’ section, above. In summary, based on the best 20). The findings for Samoa (13° S. and In the western Pacific region, sea level scientific and commercial information 171° E) may be used as a proxy for is projected to rise 1.18 to 6.3 in (30 to available, we consider other natural and American Samoa (14 °S. and 170° W.). 160 mm) by 2030, 2.6 to 12.2 in (70 to manmade factors to be current and The annual average air temperatures 310 mm) by 2055, and 8.3 in to 2 ft (210 ongoing threats to the Pacific sheath- and sea surface temperatures are to 620 mm) by 2090 under the high- tailed bat. Roost disturbance, small projected to increase in American emissions scenario (Australian BOM population size, and breakdown of the Samoa, Samoa, Fiji, Tonga, and and CSIRO 2011 Vol. 2, pp. 91, 198, metapopulation dynamic are threats to Vanuatu, as well as throughout the 228, 258). The Pacific sheath-tailed bat the Pacific sheath-tailed bat and are western Pacific region (Australian BOM is known to roost in areas close to the likely to continue in the future. The and CSIRO 2011 Vol. 2, pp. 91, 198, coast and forage in the adjacent forested bat’s small and isolated remaining 228, 258). The projected regional areas at or near sea-level, as well as populations are vulnerable to natural warming is around 0.5–1.0 °C by 2030, inland and at elevations up to 2,500 ft environmental catastrophes such as regardless of the emissions scenario. By (762 m). The impacts of projected sea- hurricanes, and the threats of small 2055, the warming is generally 1.0–1.5 level rise on low-elevation and coastal population size and hurricanes are °C with regional differences depending roosting and foraging habitat are likely likely to continue into the future. Due on the emissions scenario. Projected to reduce and fragment the bat’s habitat to reduced levels of pesticide use and changes associated with increases in on individual high islands. the uncertainty regarding impacts to this temperature include, but are not limited In summary, although we lack species, we do not consider the use of to, changes in mean precipitation with information about the specific effects of pesticides to be a threat to the Pacific unpredictable effects on local projected climate change on the Pacific sheath-tailed bat. We expect this species environments (including ecosystem sheath-tailed bat, we anticipate that and its habitat to be particularly processes such as nutrient cycling), increased ambient temperature, vulnerable to the environmental effects increased occurrence of drought cycles, precipitation, hurricane intensity, and of climate change. Even though the increases in the intensity and number of sea-level rise and inundation would specific and cumulative effects of severe storms, sea-level rise, a shift in create additional stresses on the bat and climate change on the sheath-tailed bat vegetation zones upslope, and shifts in on its roosting and foraging habitat are presently unknown and we are not the ranges and lifecycles of individual because it is vulnerable to these able to determine with confidence the species (Loope and Giambelluca 1998, disturbances. The risk of extinction as a future magnitude of this threat, we pp. 514–515; Pounds et al. 1999, pp. result of the effects of climate change anticipate that climate change will

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continue to exacerbate other threats to pose a particular threat to the small and render this species in its entirety highly this species. isolated remaining populations and susceptible to extinction; for this reason, probable low total abundance we find that threatened species status is Synergistic Effects throughout its range, render the Pacific not appropriate for the Pacific sheath- In our analysis of the five factors, we sheath-tailed bat in its entirety highly tailed bat. found that the Pacific sheath-tailed bat susceptible to extinction as a Therefore, on the basis of the best is likely to be affected by loss of forest consequence of these imminent threats. available scientific and commercial habitat, predation by nonnative The vulnerability of the species and its information, we are listing the Pacific mammals, roost disturbance, loss of cave habitat to the impacts of predation sheath-tailed bat as endangered in range-wide metapopulation dynamics, and human disturbance is exacerbated accordance with sections 3(6) and and small population size. We also by hurricanes and likely to be further 4(a)(1) of the Act. Under the Act and our identify several potential sources of risk exacerbated in the future by the effects implementing regulations, a species to the species (e.g., disease, pesticides) of climate change, such as sea level rise, may warrant listing if it is in danger of that we do not consider to have a extreme rain events, and increased extinction or likely to become so current, significant effect on the Pacific storm severity. The breakdown of the throughout all or a significant portion of sheath-tailed bat because of their low Pacific sheath-tailed bat’s its range. Because we have determined occurrence today or apparently minimal metapopulation structure is expected to that the Pacific sheath-tailed bat is overall impact on the species. Multiple reduce opportunities for repopulation endangered throughout all of its range, stressors acting in combination have following local extirpations of no portion of its range can be greater potential to affect the Pacific dwindling populations due to stochastic ‘‘significant’’ for purposes of the sheath-tailed bat than each factor alone. events. In addition, the continued definitions of ‘‘endangered species’’ and For example, projected warmer decline of the last relatively large ‘‘threatened species.’’ See the Final temperatures and increased storm population of this species in Fiji further Policy on Interpretation of the Phrase severity resulting from climate change diminishes the probability of ‘‘Significant Portion of Its Range’’ in the may enhance the spread of nonnative persistence throughout the remainder of Endangered Species Act’s Definitions of invasive plants in the bat’s forest its range where it is currently ‘‘Endangered Species’’ and ‘‘Threatened habitat, and increased ambient considered to be extirpated or nearly Species’’ (79 FR 37577, July 1, 2014). temperature and storm severity resulting extirpated. Mao, Gymnomyza samoensis from climate change are likely to In summary, habitat destruction and exacerbate other, direct threats to the modification from deforestation is a The genus Gymnomyza refers to birds species; these effects of climate change threat to the Pacific sheath-tailed bat in the family Meliphagidae, are projected to increase in the future. that is occurring throughout its range which are restricted to a few islands in The combined effects of environmental, (Factor A). The threat of predation by the southwestern Pacific Ocean. The demographic, and catastrophic-event nonnative predators such as rats and mao (Gymnomyza samoensis), also stressors, especially on a small feral cats is ongoing (Factor C). Human called maomao, is one of three population, can lead to a decline that is disturbance of roost caves, low numbers honeyeater species in the genus (Mayr unrecoverable and results in extinction of individuals and populations and their 1945, p. 100). We have carefully (Brook et al. 2008, pp. 457–458). The concomitant vulnerability to reviewed the available taxonomic impacts of the stressors described above, catastrophic events such as hurricanes, information (Watling 2001, p. 174; which might be sustained by a larger, and the breakdown of the BirdLife International 2013; Gill and more resilient population, have the metapopulation structure all are current Donsker 2015; ITIS 2015a) and have potential in combination to rapidly threats to the bat as well (Factor E). All concluded the species is a valid taxon. affect the size, growth rate, and genetic of these factors pose threats to the The mao is a large honeyeater integrity of a species that persists as Pacific sheath-tailed bat, whether we approximately 11 to 12 in (28 to 31 cm) small, disjunct populations. Thus, consider their effects individually or long with dark varying from factors that, by themselves, may not cumulatively. Existing regulatory blackish on the head and breast to olive- have a significant effect on the Pacific mechanisms and conservation efforts do green on the wings, tail, and body sheath-tailed bat, may affect the not address the threats to the Pacific (Stirnemann et al. 2015a, p. 1). It has an subspecies when considered in sheath-tailed bat (Factor D), and all of olive-green stripe under the eye. The combination. these threats will continue in the future. bill is long, curved, and black in adults. The Act defines an endangered Males have blue-grey and brown eyes, Determination for the Pacific Sheath- species as any species that is ‘‘in danger and females have brown eyes only Tailed Bat of extinction throughout all or a (Stirnemann et al. 2015b, p. 383). Males We have carefully assessed the best significant portion of its range’’ and a are significantly larger than females scientific and commercial information threatened species as any species ‘‘that with respect to wing, bill, tarsus, and available regarding the past, present, is likely to become endangered tail length, although there is and future threats to the Pacific sheath- throughout all or a significant portion of considerable overlap in size tailed bat. We find that the Pacific its range within the foreseeable future.’’ (Stirnemann et al. 2015, pp. 380–381 sheath-tailed bat is presently in danger Based on the severity and immediacy of Wilson J.). Juveniles have a shorter bill of extinction throughout its entire range threats currently affecting the species, than adults, and eye color changes 2 based on the severity and immediacy of we find that the Pacific sheath-tailed bat months post-fledging (Stirnemann et al. the ongoing threats described above. is presently in danger of extinction 2015, p. 383). The mao is a very vocal Habitat loss and degradation due to throughout its entire range. The species and makes a variety of loud deforestation (throughout the entire imminent threats of habitat loss and distinctive calls with bouts of calling range) and overgrazing by goats (Fiji), degradation, predation by nonnative rats lasting up to a minute (Watling 2001, p. predation by nonnative mammals, and cats, the small and declining 174). Calls differ between sexes human disturbance of roost caves, and number of individuals and populations, (Stirnemann et al. 2015b, p. 382). stochastic events such as hurricanes, the effects of small population size, and The mao is endemic to the Samoan floods, or disease outbreaks, which all stochastic events such as hurricanes archipelago. The species was thought to

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be primarily restricted to mature, well- annual reproductive capacity of one two sites on the island (Atherton and developed, moist, mossy forests at chick; notably low in comparison with Jefferies 2012, p. 14), and it is possible upper elevations (Watling 2001, p. 175; other (Stirnemann et al. that the species has particular habitat Engbring and Ramsey 1989, p. 68), but 2015a, p. 8). requirements that have become limited has recently been observed at elevations The mao’s diet consists primarily of in Samoa (MNRE 2013, p. 12). None of ranging from 932 to 5,075 ft (284 to nectar, and also includes some the recent surveys (Atherton and Jeffries 1,547 m) and in ecosystems including invertebrates and fruit (MNRE 2006, p. 2012, p. 110; MNRE 2015, p. 87) or lowland rainforest, disturbed secondary 11). Nectar is an especially important studies (Butler and Stirnemann 2013) forest, and montane rainforest (MNRE food source during the breeding season, has yielded an updated population 2006, pp. 9–10). The birds use the mid- and the mao will defend nectar patches estimate. However, researchers observed to upper-canopy levels of the forest and (Butler and Stirnemann 2013, p. 30). that the species is rarer than previously will also forage along forest edges and The mao eats invertebrates by probing thought and recommended that brushy forest openings (Engbring and dead material and moss, and by comprehensive surveys be conducted to Ramsey 1989, p. 68). The mao has also gleaning from emerging leaves (Butler generate a new population estimate been recorded visiting coconut trees and Stirnemann 2013, p. 30). Females (Stirnemann 2015, in litt). near the coast (Watling 2001, p. 175). forage for invertebrates under dead The mao is likely extirpated from Butler and Stirnemann (2013, p. 30) leaves on the forest floor to feed their Tutuila Island in American Samoa provide the following information about fledglings (Butler and Stirnemann 2013, (Freifeld 1999, p. 1,208). Surveys the mao’s habitat use. The birds occur p. 30). Fledglings solicit food from the conducted on Tutuila Island in 1982 only in forested areas with a canopy female by begging continually from the and 1986 and from 1992 to 1996 did not layer, including modified habitat such forest floor (Butler and Stirnemann detect the mao (Amerson et al. 1982, p. as plantations where large trees also are 2013, p. 28). 72; Engbring and Ramsey 1989; p. 68; present. They do not occur in logged The mao was once found throughout Freifeld 2015, in litt.). Given that the areas with no large trees or canopy. Mao Savaii and Upolu (Samoa) likely in species is noisy and conspicuous, it is are primarily found in the high canopy forests ranging from the coast to unlikely that a population on Tutuila layer, but also spend considerable time mountain tops (MNRE 2006, p. 2). It is was missed during the surveys foraging on the trunks of trees and endemic to the islands of Savaii and (Engbring and Ramsey 1989; p. 68). feeding on nectar sources near the Upolu, Samoa, and Tutuila Island, More recent surveys conducted by ground (such as ginger (family American Samoa (Engbring and Ramsey DMWR in forested habitats likely to Zingiberaceae)) and in low bushes (such 1989, p. 68; Watling 2001, p. 174). The support mao failed to detect their as Heliconia spp.). The mao selects mao was observed during an 1839 presence, further indicating the territories with high tree species expedition on Tutuila (Amerson et al. likelihood that the species no longer diversity and with appropriate nectar 1982, p. 72); two male specimens were occurs on Tutuila (MacDonald 2015 in sources and a large tree from which the collected there in 1924, and an litt.). male sings. Trees near a commonly used unconfirmed observation of the mao on A general decline in distribution and singing tree are selected for nesting. No Tutuila was reported in 1977 (Engbring numbers has resulted in small, particular tree species is used for and Ramsey 1989, p. 68; Watling 2001, increasingly fragmented populations nesting, but all nests are built more than p. 174). estimated to comprise fewer than 1,000 5 m (16 ft) above the ground. The mao is currently found only on mature individuals (MNRE 2006, p. 4; Stirnemann et al. 2015a (pp. 4–7) the islands of Savaii and Upolu in Tipamaa 2007, in litt., cited in Birdlife provide the following information about Samoa (Amerson et al. 1982, p. 72; International 2012; Stirnemann 2015, in mao life history and breeding behavior Engbring and Ramsey 1989, p. 68; litt.). The mao is listed as Endangered in based on a study of 26 nesting attempts. Watling 2001, p. 74; MNRE 2006, p. 2). the 2014 IUCN Red List (Birdlife The mao have an extended breeding In 1984, the mao was reported as International 2012). Endangered is season that can occur over 9 to 10 common in undisturbed upland forests IUCN’s second most severe category of months, although peak egg-laying (foothill, montane, and cloud forests extinction assessment, which equates to appears to occur from late May to above 1,970 ft (600 m)) of Upolu and a very high risk of extinction in the October. One egg is produced per Savaii (Bellingham and Davis 1988, p. wild. IUCN criteria include the rate of clutch. The nest consists of young 124). A decline in distribution was decline, population size, area of branches of various trees and contains observed in the 1990s following a geographic distribution, and degree of little lining (Butler and Stirnemann period in which several powerful population and distribution 2013, p. 25). Nests are oval, cup-shaped, hurricanes hit Samoa: Tusi (1987), Ofa fragmentation; however, IUCN rankings approximately 5.5 in (14 cm) by 3.1 in (1990), and Val (1991) (Lovegrove 1992, do not confer any actual protection or (8 cm), and are constructed in the p. 26; MNRE 2006, pp. 2, 4). Otherwise, management. junction of branches. Incubation lasts 19 no detailed surveys of the mao were days, and chicks fledge 22 to 24 days conducted before 2005, and little Summary of Factors Affecting the Mao after hatching. Juveniles are dependent information exists regarding changes in Factor A: The Present or Threatened on adults for approximately 8 to 10 abundance and distribution (MNRE Destruction, Modification, or weeks post-fledging. The female is 2006, p. 2). Surveys conducted in 2005– Curtailment of its Habitat or Range almost exclusively responsible for 2006 found mao at seven sites on Upolu incubation and feeding the chick, and and Savaii in upland forested habitat, Habitat Destruction and Modification by both adults defend the nest. The mao yielded a rough estimate of 500 Deforestation will re-nest if the first nest fails, but not individuals and indicated that numbers Several thousand years of subsistence if the first nesting attempt produces a are declining (MNRE 2006, p. 4; agriculture and more recent commercial chick. Pairs are highly territorial with Tipamaa 2007, in litt., cited in Birdlife agriculture has resulted in the alteration high site fidelity. The mao’s extended International 2012). The Rapid and great reduction in area of forests at breeding season, extended parental care Biodiversity Assessment of Upland lower elevations in the Samoan period (100 to 120 days), and limited re- Savaii, Samoa, conducted in 2012, archipelago (Whistler 1994, p. 40; nesting attempts suggest a maximum detected small numbers of the mao at Mueller-Dombois and Fosberg 1998, p.

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361; Whistler 2002, pp. 130–131). In most accessible forest has largely been In summary, deforestation by land- American Samoa, forest clearing for removed, but is an ongoing problem on clearing for agriculture has been the agriculture has contributed to habitat Savaii despite years of effort to phase it major contributing factor in the loss and loss and degradation of forests in the out (MNRE 2006, p. 5; Atherton and degradation of forested habitat for the lowland areas on Tutuila, and has the Jeffries 2012, p. 17). Shifting or slash- mao throughout its range in Samoa and potential to spread into higher and-burn cultivation is an increasing American Samoa, and logging has been elevations and previously undisturbed concern in upland forest that provides an additional major factor in loss and forest; however, owing to limits on the important refuges for the mao because degradation of forest habitat in Samoa. feasibility of land-clearing imposed by farmers use forestry roads from heavily The majority of the lowland forests have the island’s extreme topography, large logged lowland forests to gain access to either been lost or fragmented by land- areas of mature native rainforest have formerly inaccessible land (MNRE 2006, clearing for agriculture. Upland areas in persisted. Deforestation, therefore, is p. 5). For example, there is much Samoa have suffered extensive unlikely to have been a cause of the concern about potential forest loss deforestation from logging and are mao’s extirpation on this island in because of road that has been bulldozed increasingly at risk as agriculture and American Samoa. into the cloud forest (above 3,280 ft development expand into these areas. The loss of forested habitat in Samoa (1,000 m)) on Savaii, apparently Based on the above information, we is a primary threat to the mao (MNRE illegally (Atherton and Jeffries 2012, p. conclude that the threat of habitat 2006, p. 5). Between 1954 and 1990, the 16). Such roads provide vectors for destruction and modification by amount of forested area declined from invasive nonnative plant and animal agriculture and development is a 74 to 46 percent of total land area in species as well, thus exacerbating those current threat to the mao and will Samoa (Food and Agricultural threats to the mao and its habitat continue into the future. Organization (FAO) 2005 in litt.). (Atherton and Jeffries 2012, p. 108). Between 1978 and 1990, 20 percent of Habitat quality has also degraded with Habitat Destruction and Modification by all forest losses in Samoa were the loss of closed forest space (MNRE Nonnative Plants attributable to logging, with 97 percent 2006, p. 5; Butler and Stirnemann 2013, Nonnative plants are known to have of the logging having occurred on Savaii p. 22). An analysis in 1999 identified 32 invaded ecosystems in American Samoa (Government of Samoa 1998 in Whistler percent of the total forest cover as and Samoa, with documented adverse 2002, p. 132). Forested land area in ‘‘open’’ forest (less than 40 percent tree impacts to native forests (Space and Samoa continued to decline at a rate of cover) and less than 0.05 percent as Flynn 2000, pp. 5, 12; Space and Flynn roughly 2.1 percent or 7,400 ac (3,000 ‘‘closed’’ forest, largely as a result of 2002, pp. 4–5; Whistler 2002, p. 122; ha) annually from 1990 to 2000 (FAO damage from Cyclones Ofa and Val Atkinson and Medeiros 2006, pp. 17–18; 2005 in litt.). As a result, there is very (Butler and Stirnemann 2013, p. 22). An Craig 2009, pp. 94, 98; ASCC 2010, p. little undisturbed, mature forest left in additional 24 percent of the forest cover 22; NPSA 2012, in litt.; Atherton and Samoa (Watling 2001, p. 175; FAO 2005 is classified as secondary re-growth Jeffries 2012, p. 103; Butler and in litt.). forest. As a result, the montane forest in Stirnemann 2013, p. 30; MNRE 2013, p. The clearing of land for commercial Samoa is now extremely open and 29). The native flora of the Samoan agriculture has been the leading cause of patchy with fewer food resources for archipelago (plant species that were deforestation in Samoa—more so than birds, including the mao (Butler and present before humans arrived) plantations or logging (Whistler 2002, p. Stirnemann 2013, p. 22). The montane consisted of approximately 550 taxa, 30 131). The transition from subsistence forests are also increasingly vulnerable percent of which were endemic (species agriculture to developing cash crops for to invasion by nonnative trees and other that occur only in the American Samoa export (e.g., taro, bananas, cacao) plants (Butler and Stirnemann 2013, p. and Samoa) (Whistler 2002, p. 8). An coupled with rapid population growth 22), which adversely affect native additional 250 plant species have been and new technologies, led to increased forests through competition for light, intentionally or accidentally introduced forest clearing in Samoa (Paulson 1994, nutrients, and water; chemical and have become naturalized, with 20 pp. 326–332; Whistler 2002, pp. 130– inhibition; and prevention of or more of these considered invasive or 131). Today, only 360 ac (146 ha) of reproduction. Loss of forest is likely to potentially invasive in American Samoa native lowland rainforests (below 2,000 affect the mao by reducing breeding, (Whistler 2002, p. 8; Space and Flynn ft or 600 m) remain on Savaii and Upolu nesting, and foraging habitat, increasing 2000, pp. 23–24). Of these as a result of logging, agricultural forest fragmentation, and increasing the approximately 20 or more nonnative clearing, residential clearing (including abundance and diversity of invasive pest plant species, at least 10 have relocation due to tsunami), and natural species (Butler and Stirnemann 2013, p. altered or have the potential to alter the causes such as rising sea level and 22). habitat of the mao and the other 4 hurricanes (MNRE 2013, p. 47). On On the island of Tutuila, American species proposed for listing (Atkinson Upolu, direct or indirect human Samoa, agriculture and urban and Medeiros 2006, p. 18; Craig 2009, influence has caused extensive damage development covers approximately 24 pp. 94, 97–98; ASCC 2010, p. 15). to native forest habitat above 2,000 ft percent of the island, and up to 60 Nonnative plants can degrade native (600 m) (MNRE 2013, p. 13). Although percent of the island contains slopes of habitat in Pacific island environments upland Upolu is forested, almost all of less than 30 percent where additional by: (1) Modifying the availability of light the upland forests are largely dominated land clearing is feasible (ASCC 2010, p. through alterations of the canopy by introduced species today (MNRE 13; DWMR 2006, p. 25). Farmers are structure; (2) altering soil–water 2013, p. 12). increasingly encroaching into some of regimes; (3) modifying nutrient cycling; Savaii still has extensive upland the steep forested areas as a result of (4) ultimately converting native- forests that are for the most part suitable flat lands already being dominated plant communities to undisturbed and composed of native occupied with urban development and nonnative plant communities; and (5) species (MNRE 2013, p. 40). However, agriculture (ASCC 2010, p. 13). increasing the frequency of landslides forest clearance remains an ongoing Consequently, agricultural plots have and erosion (Smith 1985, pp. 217–218; threat to the mao (MNRE 2006, p. 5). spread from low elevations up to middle Cuddihy and Stone, 1990, p. 74; Matson Logging is slowing down because the and some high elevations on Tutuila. 1990, p. 245; D’Antonio and Vitousek

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1992, p. 73; Vitousek et al. 1997, pp. 6– does not provide the exact distribution greatest current threats to Hawaii’s 9; Atkinson and Medeiros 2006, p. 16). of nonnative plant species in the range forest ecosystems (Aplet et al. 1991, p. Nonnative plant species often exploit of the mao, the habitat-modifying 56; Anderson and Stone 1993, p. 195). the disturbance caused by other factors impacts of nonnative species are In American Samoa, feral pigs such as hurricanes, agriculture and expected to continue and are not likely continue to negatively affect forested development, and feral ungulates, and to be reduced in the future. Based on the habitats. Feral pigs have been present in thus, in combination reinforce or above information, we conclude that the American Samoa since humans first exacerbate their negative impacts to threat of habitat destruction and settled the islands (American Samoa native habitats. Although the areas modification by nonnative plant species Historic Preservation Office 2015, in within the National Park of American is a current threat to the mao and will litt.). In the past, hunting pressure kept Samoa (NPSA, on the islands of Tutuila, continue into the future. their numbers down, however, Ofu, and Tau) contain many areas that Habitat Destruction and Modification by increasing urbanization and increasing are relatively free of human disturbance Nonnative Ungulates and nonnative invasive species and that availability of material goods has largely represent pre-contact vegetation, Feral pigs (Sus scrofa) cause multiple resulted in the decline in the practice of the threat of invasion and further spread negative impacts to island ecosystems, pig hunting to almost nothing (Whistler by nonnative plant species poses including the destruction of vegetation, 1992, p. 21; 1994, p. 41). Feral pigs are immense cause for concern (Atkinson spread of invasive nonnative plant moderately common to abundant in and Medeiros 2006, p. 17; ASCC 2010, species, and increased soil erosion. In many forested areas, where they spread p. 22). addition, feral cattle (Bos taurus) invasive plants, damage understory The invasive vines Merremia peltata consume tree seedlings and browse vegetation, and destroy riparian areas by and Mikania micrantha have serious saplings, and combined with their feeding and wallowing behavior impacts in forested areas and prevent undergrowth disturbance, prevent forest (DMWR 2006, p. 23; ASCC 2010, p. 15). reforestation of former agriculture areas regeneration, subsequently opening the Feral pigs are a serious problem in the in Samoa and American Samoa; they are forest to invasion by nonnative species NPSA because of the damage they cause prolific invaders of forest gaps and (Cuddihy 1984, p. 16). to native vegetation through their disturbed sites and can have a Feral pigs are known to cause rooting and wallowing (Whistler 1992, smothering effect on growing trees, deleterious impacts to ecosystem p. 21; 1994, p. 41; Hoshide 1996, p. 2; blocking sunlight to subcanopy and processes and functions throughout Cowie and Cook 1999, p. 48; Togia pers. undergrowth vegetation (MNRE 2013, p. their worldwide distribution (Aplet et comm. in Loope et al. 2013, p. 321). 29). Similarly, several invasive trees al. 1991, p. 56; Anderson and Stone Such damage to understory vegetation is also negatively affect native forests in 1993, p. 201; Campbell and Long 2009, likely to reduce foraging opportunities Samoa by outcompeting native species p. 2,319). Feral pigs are extremely for the mao. Pig densities have been in forest gaps, getting established and destructive and have both direct and reduced in some areas by snaring and moving further into old secondary indirect impacts on native plant hunting, but remain high in other areas regrowth and primary forests. A communities. Pigs are a major vector for (ASCC 2010, p. 15). the establishment and spread of significant portion of Samoa’s forest are In Samoa, feral pigs are present invasive, nonnative plant species by now classified as secondary regrowth throughout lowland and upland areas dispersing plant seeds on their hooves dominated by invasive tree species such on Savaii, and are considered to have a and fur, and in their feces (Diong 1982, as Falcataria moluccana (albizia, negative impact on the ecological pp. 169–170, 196–197), which also serve tamaligi), Castilla elastica (Mexican integrity of upland forests of Savaii, an to fertilize disturbed soil (Siemann et al. rubber tree, pulu mamoe), Spathodea important conservation area for the mao 2009, p. 547). In addition, pig rooting campanulata (African tulip, faapasi), and other rare species (Atherton and and Funtumia elastica (African rubber and wallowing contributes to erosion by clearing vegetation and creating large Jeffries 2012, p. 17). During recent tree, pulu vao) (MNRE 2013, p. 29). In surveys, feral pig activity was common addition, the invasive shrub Clidemia areas of disturbed soil, especially on slopes (Smith 1985, pp. 190, 192, 196, at most sites in upland forests on Savaii, hirta is found in remote areas of upland and was even detected at the upper forests in Savaii (Atherton and Jeffries 200, 204, 230–231; Stone 1985, pp. 254– 255, 262–264; Tomich 1986, pp. 120– range of the mao at an elevation of 4,921 2012, p. 103). ft (1,500 m) (Atherton and Jefferies Although the mao forage and 126; Cuddihy and Stone 1990, pp. 64– 2012, pp. 103, 146). occasionally nest in modified habitat, 65; Aplet et al. 1991, p. 56; Loope et al. such as plantation areas where 1991, pp. 18–19; Gagne and Cuddihy Significant numbers of feral cattle nonnative trees that provide nectar and 1999, p. 52; Nogueira-Filho et al. 2009, were present in an upland site where nesting habitat (e.g., Falcataria p. 3,681; CNMI–SWARS 2010, p. 15; their trampling had kept open grassy moluccana) may occur, these habitats Dunkell et al. 2011, pp. 175–177; areas within forested flats, and where lack the high tree-species diversity Kessler 2011, pp. 320, 323). Erosion mao had previously been observed preferred by the mao and also place the resulting from rooting and trampling by (Atherton and Jeffries 2012, pp. 103– species at a greater risk of predation by pigs impacts native plant communities 105). Trampling in forested areas nonnative predators (see Factor C by contributing to watershed damages understory vegetation and is below) (Butler and Stirnemann 2013, p. degradation and alteration of plant likely to reduce foraging opportunities 30). Please refer to the proposed rule (80 nutrient status, and increasing the for mao as well as provide vectors for FR 61568; October 13, 2015) for likelihood of landslides (Vitousek et al. invasion by nonnative plants. In descriptions of nonnative plant species 2009, pp. 3,074–3,086; Chan-Halbrendt summary, the widespread disturbance that have the greatest negative impacts et al. 2010, p. 251; Kessler 2011, pp. caused by feral ungulates is likely to to the native forest habitat for the mao 320–324). In the Hawaiian Islands, pigs continue to negatively impact the in American Samoa (Space and Flynn have been described as the most habitat of the mao. Based on the above 2000, pp. 23–24; Craig 2009, pp. 94, 96– pervasive and disruptive nonnative information, we conclude that habitat 98; ASCC 2010, p. 15). In summary, influence on the unique native forests, destruction and modification by feral while the best available information and are widely recognized as one of the ungulates is a threat to the mao.

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Conservation Efforts To Reduce Habitat plant management workshop for restoration plan recommending removal Destruction, Modification, or Territorial and Federal agencies, and of five priority invasive plant species Curtailment of Its Range local partners (Nagle 2010 in litt.). More and planting of native tree species recently, the NPSA produced a field American Samoa (Bonin 2008, pp. viii, 24). Phase 2 of the guide of 15 invasive plants that the park project resulted in identifying The National Park of American Samoa and its partners target for early detection techniques for treatment of two (NPSA) was established to preserve and and response (NPSA 2012, in litt.). problematic rubber species (Castilla protect the tropical forest and In 1996, the NPSA initiated a feral pig elastica or pulu mamoe and Funtumia archaeological and cultural resources, to control program that includes fencing elastica or pulu vao) and replanting maintain the habitat of flying foxes, to and removal of pigs using snares in the areas with native tree species (Bonin preserve the ecological balance of the Tutuila Island and Tau Island Units. Samoan tropical forest, and, consistent Two fences have been constructed and 2010, pp. 20–21). with the preservation of these resources, several hundred pigs have been The Two Environmental to provide for the enjoyment of the removed since 2007 (Togia 2015, in Collaboration Initiative brings together unique resources of the Samoan tropical litt.). The program is ongoing and government agencies, nongovernmental forest by visitors from around the world includes monitoring feral pig activity organizations, and institutions from (Pub. L. 100–571, Pub. L. 100–336). twice per year and additional removal American Samoa and Samoa and Under a 50-year lease agreement actions as needed (Togia 2015, in litt.). provides a platform for a single between local villages, the American Samoa concerted effort to manage threats to Samoa Government, and the Federal environmental resources such as the In 2006, the Government of Samoa Government, approximately 8,000 ac management of fisheries, land-based (3,240 ha) of forested habitat on the developed a recovery plan for the mao. sources of pollution, climate change, islands of Tutuila, Tau, and Ofu are The recovery plan identifies goals of invasive species, and key or endangered protected and managed (NPSA Lease securing the mao, maintaining its Agreement 1993). existing populations on Upolu and species (MNRE 2014, p. 67). In 2010, a Several programs and partnerships to Savaii, and reestablishing populations at Memorandum of Understanding address the threat of nonnative plant former sites (MNRE 2006). The plan has establishing the collaborative effort species have been established and are eight objectives: (1) Manage key forest between the two countries was signed ongoing in American Samoa. Since areas on Upolu and Savaii where by the two agencies responsible for 2000, the NPSA has implemented an significant populations of the mao conservation of species and their invasive plant management program remain; (2) carry out detailed surveys to habitats, MNRE (Samoa) and DMWR that has focused on monitoring and identify the numbers of pairs and (American Samoa). This initiative removal of nonnative plant threats. The establish monitoring; (3) increase establishes a framework for efforts to nonnative plant species prioritized for understanding of the breeding and recover the mao in American Samoa and removal include the following: feeding ecology; (4) establish Samoa. Adenanthera pavonina or lopa, Castilla populations on rat-free islands or new elastica or pulu mamoe, Falcataria mainland sites (including feasibility of Summary of Factor A moluccana or tamaligi, Leucaena reintroduction to American Samoa); (5) In summary, based on the best leucocephala or lusina, and Psidium evaluate development of a captive- available scientific and commercial cattleianum or strawberry guava (Togia management program; (6) develop a 2015, in litt.). In particular, efforts have public awareness and education information, we conclude that the been focused on the removal of the program; (7) develop partnerships to destruction, modification, and tamiligi from within the boundaries of assist in the mao recovery; and (8) curtailment of the mao’s habitat and the NPSA as well as in adjacent areas establish a threatened bird recovery range are ongoing threats and these (Hughes et al. 2012). group to oversee the implementation threats will continue into the future. The thrip Liothrips urichi is an insect and review of this plan and other The destruction and modification of that was introduced to American Samoa priority bird species. These objectives habitat for the mao is caused by in the 1970s as a biocontrol for the weed have not all been met, and currently agriculture, logging, feral ungulates, and Clidemia hirta (Tauiliili and Vargo funding is not available to update the nonnative plant species, the impacts of 1993, p. 59). This thrip has been plan (Stirnemann in litt., 2016). In 2012, all of which are exacerbated by successful at controlling Clidemia on a detailed study provided information hurricanes (see Factor E). The most Tutuila. Though Clidemia is still on the mao’s diet, habitat use, serious threat identified has been the common and widespread throughout reproductive success, and survival, loss of forested habitat caused by forest Tutuila, thrips inhibit its growth and which are important life-history clearing for agriculture, and logging. vigor, preventing it from achieving requirements that can be used to Although some protection of the mao’s ecological dominance (Cook 2001, p. implement recovery efforts (Butler and forest habitat in specific areas results 143). Stirnemann 2013). from the efforts described above, none In 2004, the American Samoa Invasive The Mt. Vaea Ecological Restoration of these efforts reduces the threats of Species Team (ASIST) was established Project surveyed and mapped the habitat loss to logging and conversion as an interagency team of nine local presence of native bird and plant for agriculture (in Samoa) or habitat government and Federal agencies. The species and invasive plant species degradation by feral pigs, invasive, mission of ASIST is to reduce the rate within lowland forest habitat of the 454- of invasion and impact of invasive ac (183-ha) Mt. Vaea Scenic Reserve on nonnative plants, and hurricanes (in species in American Samoa with the Upolu, Samoa (Bonin 2008, pp. 2–5). Samoa and American Samoa) to the goals of promoting education and The project was envisioned as the first extent that listing is not warranted. All awareness on invasive species and demonstration project of invasive of these threats are ongoing and interact preventing, controlling, and eradicating species management and forest to exacerbate negative impacts and invasive species. In 2010, the U.S. restoration in Samoa. Phase I of the increase the vulnerability of extinction Forest Service conducted an invasive project resulted in the development of a of the mao.

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Factor B: Overutilization for skewed sex ratio in mao populations does not indicate there are other Commercial, Recreational, Scientific, or (Robertson et al. pp. 1,083–1,084). diseases affecting the mao populations Educational Purposes The location of mao nests affects their in Samoa (MNRE 2006, p. 8). vulnerability to predation by rats. Nests In the analysis for our proposed rule, in close proximity to plantation Conservation Efforts To Reduce Disease we had no information indicating that habitats, where rats are most abundant, or Predation overutilization has led to the loss of are particularly susceptible and A project to restore habitat for the populations or a significant reduction in experience low reproductive success mao and other priority species by numbers of mao. We have received no (Butler and Stirnemann 2013, p. 31). removing the threat of predation by the new information. When this final listing Nests within 50 meters of a plantation Polynesian rat (R. exulans) was becomes effective (see DATES, above), are 40 percent more likely to be attempted on the uninhabited islands of research and collection of this species depredated than nests in forested areas Nuutele (267 ac (108 ha)) and Nuulua will be regulated through permits issued farther from plantations (Butler and (62 ac (25 ha)) off the eastern end of under section 10(a)(1)(A) of the Act. Stirnemann 2013, p. 31). Habitat loss Upolu, Samoa (Tye 2012, in litt). The Factor C: Disease or Predation from clearing of native forest combined demonstration project aimed to with an expansion of plantations in Nest predation by rats has negative eradicate the Polynesian rat from both Samoa may lead to an increase in rat impacts on many island birds, including islands through aerial delivery of baits. populations (which find ample food in the mao (Atkinson 1977, p. 129; 1985, Post-project monitoring detected rats on plantation habitats) and a potential for pp. 55–70; Butler and Stirnemann 2013, Nuutele, suggesting that rats survived an increase in the mao nest predation p. 29; O’Donnell et al. 2015, pp. 24–26). the initial eradication effort or were able rate. Rats have been identified as the main to recolonize the island (Tye 2012, in Predation by feral cats has been litt.). cause of decline in the closely related directly responsible for the extinction of Gymnomyza aubryana in New numerous birds on oceanic islands Summary of Factor C Caledonia (MNRE 2006, p. 8). Juveniles (Medina et al. 2011, p. 6). Native In summary, based on the best spending time on the forest floor are mammalian carnivores are absent from available scientific and commercial also at risk from predation by feral cats oceanic islands because of their low information, we conclude that disease is (Butler and Stirnemann 2013, p. 31). In dispersal ability, but once introduced by not a current threat to the mao, nor is American Samoa, because large areas of humans, they become significant it likely to become a threat in the future. good-quality, closed-canopy forest predators on native animals such as Because of its low reproductive rate (1 habitat remain, factors in addition to seabirds and landbirds that are not egg per clutch) and vulnerability to deforestation are likely responsible for adapted to predation by terrestrial predation at multiple life-history stages the extirpation of the mao from carnivores (Nogales et al. 2013, p. 804; (eggs, chicks, fledglings, and adults), we American Samoa, including predation Scott et al. 1986, p. 363; Ainley et al. conclude that the threat of predation by by rats and cats. The mao’s low 1997, p. 24; Hess and Banko 2006, in rats and feral cats is an ongoing threat reproductive rate (one juvenile per year) litt.). The considerable amount of time to the mao that will continue into the and extended breeding season also spent on the ground (up to 7 days) and future. increase the likelihood of population- poor flight ability of mao chicks post- level effects of predation (Stirnemann et fledging increases the risk of predation Factor D: The Inadequacy of Existing al. 2015a, p. 8). Other potential by feral cats (Butler and Stirnemann Regulatory Mechanisms predators include the native barn owl 2013, p. 28). Evidence of feral cat In determining whether the (Tyto alba) and wattled honeyeater presence exists in montane forests and inadequacy of regulatory mechanisms (Foulehaio carunculatus); however, along an elevational gradient on Savaii constitutes a threat to the mao, we adults can potentially drive these (Atherton and Jeffries 2012, pp. 76, 103). analyzed the existing Federal, species away from the nest (Butler and Predation by feral cats has been posited Territorial, and international laws and Stirnemann 2013, p. 31). as a contributing factor in the mao’s regulations that may address the threats Butler and Stirnemann (2013, p. 29) extirpation from Tutuila (Stirnemann to this species or contain relevant captured footage of one nest 2015, in litt.); however, feral cats have protective measures. depredation event by a black rat, which not commonly been observed in native took a mao egg. The rat gained access to forest areas on Tutuila (Arcilla 2016, in Samoa the egg by jumping on the incubating litt.). It should be noted that feral cats The Government of Samoa has female’s back from the branch above, have been observed in remote and enacted numerous laws and regulations driving the female off the nest. forested areas on Tau Island, should and has signed on to various Combined with the disappearance of these areas be considered for mao international agreements that address a two females during the breeding season, recovery efforts (Badia 2014, in litt.; wide range of activities such as land this footage suggests that adult females Arcilla 2016, in litt.). Based on the tenure and development, biodiversity, are potentially vulnerable to predation above information, we conclude that wildlife protection, forestry on the nest at night, while they are predation by rats and cats is a current management, national parks, incubating (Butler and Stirnemann threat to the mao that is likely to biosecurity, and the extraction of water 2013, p. 31), a phenomenon continue in the future. resources (MNRE 2013, pp. 148–149; documented or suspected in other MNRE 2014, p. 57). island bird species, which lack innate Disease The Protection of Wildlife Regulations behavioral defenses against nonnative Field and laboratory investigations 2004 regulates the protection, mammalian predators (see for example suggest that avian malaria may be conservation, and utilization of Robertson et al. 1994, p. 1,084; indigenous and non-pathogenic in terrestrial or land-dwelling species Armstrong et al. 2006, p. 1,034; American Samoa and, therefore, is (MNRE and SPREP 2012, p. 5). These VanderWerf 2009, p. 741). This unlikely to affect bird populations (Jarvi regulations prohibit, and establish potential bias toward predation of et al. 2003, p. 636; Seamon 2004a, in penalties for committing, the following females has the potential to create a litt.). The best available information activities: (1) The taking, keeping, or

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killing of protected and partially ungulates, or the impacts of permitted Natural Resources Environment protected animal species; (2) harm of logging roads or illegal roads, both of identified eight terrestrial Key flying species endemic to Samoa; and which create vectors into native forest Biodiversity Areas (KBAs) intended to (3) the export of any bird from Samoa for these nonnative species (Atherton ensure representative coverage of all (MNRE and SPREP 2012, pp. 5–6). The and Jeffries 2012, pp. 14–15). native ecosystems with high mao is endemic to the Samoan The Quarantine (Biosecurity) Act biodiversity values, five of which are archipelago, but it is not listed as a 2005 forms part of the system to combat targeted to benefit the conservation of ‘‘flying species endemic to Samoa’’ the introduction of invasive species and the mao (CI et al. 2010, p. 12): Eastern under these regulations. manage existing invasions. It is the main Upolu Craters, Uafato-Tiavea Coastal The Planning and Urban Management legal instrument to manage the Forest, O le Pupu Pue National Park, Act 2004 (PUMA) and PUMA deliberate or accidental importation of Apia Catchments, and Central Savaii Environmental Impact Assessment (EIA) invasive species, pests, and pathogens Rainforest. All five KBAs also overlap Regulation (2007) were enacted to and also to deal with such species with Important Bird Areas designated ensure all development initiatives are should they be found in Samoa (MNRE by BirdLife International (Schuster properly evaluated for adverse and SPREP 2012, p. 38). This legislation 2010, pp. 16–43). Currently, these five environmental impacts (MNRE 2013, p. also provides a risk assessment KBAs, which are nonregulatory, are 93). The information required for procedure for imported animals, plants, under various degrees of protection and Sustainable Management Plans and and living modified organisms. conservation management, including Environmental Impact Assessments Although this law provides for national parks, Community does not include specific consideration management of invasive species, Conservation Areas, and areas with no for species or their habitat (Planning including those that degrade or destroy official protective status (CI et al. 2010, and Urban Management Act 2004, as native forest habitat for the mao, we do p. 12). Many of the KBAs and protected amended). Other similar approval not have information indicating the areas mentioned above are still faced frameworks mandated under other degree to which it has been with increasing pressures in large part legislation address specific threats and implemented or effectiveness of such due to difficulties of their location on activities. These include the permit efforts. customary lands (traditional village system under the Lands Surveys and In Samoa, there are several regulatory system) and the ongoing threats of Environment Act 1989 for sand mining and nonregulatory protected area development, invasive species, and and coastal reclamation, and ground systems currently in place that protect logging (MNRE 2009, p. 1; CI et al. 2010, water exploration and abstraction and manage terrestrial species and their p. 12). The decline of closed forest permits under the Water Resources Act habitats; these include national parks, habitat has been a result of logging on 2008 (MNRE 2013, p. 93). The PUMA nature reserves, conservation areas, and Savaii and agricultural clearing on the process has been gaining in acceptance village agreements. The National Parks edges of National Parks and Reserves and use; however, information on its and Reserves Act (1974) created the (MNRE 2006, p. 5). effectiveness in preventing adverse statutory authority for the protection In 2006, the Government of Samoa impacts to species or their habitats is and management of national parks and developed a 10-year recovery plan for lacking (MNRE 2013, p. 93). nature reserves. Conservation areas, the mao. The recovery plan identifies The Forestry Management Act 2011 unlike national parks and nature goals of securing the mao, maintaining regulates the effective and sustainable reserves, emphasize the importance of its existing populations on Upolu and management and utilization of forest conservation, but at the same time Savaii, and reestablishing populations at resources. This law creates the address the need for sustainable former sites (MNRE 2006). This plan is requirement for a permit or license for development activities within the nonregulatory in nature, its goals have commercial logging or harvesting of conservation area. Village agreements not been met, and as of this writing, native, agro-forestry, or plantation forest are voluntary agreements or covenants resources are not available to update resources (MNRE and SPREP 2012, p. developed and signed by local villages and renew the plan (Stirnemann 2016, 18). Permitted and licensed activities and conservation organizations that in litt.). must follow approved Codes of Practice, stipulate specific conservation measures In summary, existing regulatory forestry harvesting plans, and other or land use prohibitions in exchange for mechanisms have the potential to requirements set by the Ministry of significant development aid. As of 2014, address the threat of habitat destruction Natural Resources and Environment. a total of approximately 58,176 ac and degradation to the mao in Samoa, License or permit holders must also (23,543 ha), roughly 8 percent of the and provide some benefit to the species follow laws relating to national parks total land area of Samoa (285,000 ha) in this regard. However, these policies and reserves, and all provisions of were enlisted in terrestrial protected and legislation do not reduce or management plans for any national park areas, with the majority located in five eliminate the threats to the mao in or reserve. Under this act, lands national parks covering a total of 50,629 Samoa such that listing is not designated as protected areas for the ac (20,489 ha) overlapping several key warranted. purposes of the protection of conservation areas identified for the biodiversity and endangered species mao (MNRE 2006, p. 14; MNRE 2014, p. American Samoa prohibit any clearing for cultivation or 57). Although the protected status of In American Samoa no existing removal of forest items from protected these lands affords some protection to Federal laws, treaties, or regulations areas without prior consent of the the mao’s forest habitat within these specify protection of the mao’s habitat MNRE (Forestry Management Act 2011, areas, it does not address range-wide from the threat of deforestation, or Para. 57). Although this law includes threats such as predation by nonnative address the threat of predation by these general considerations for predators or habitat degradation by nonnative mammals such as rats and managing forest resources, and possibly nonnative plants. feral cats. However, some existing provides some protection from forest Conservation International (CI) and Territorial laws and regulations have the removal in the mao’s habitat, it does not the Secretariat of the Pacific Regional potential to afford the species some address habitat degradation by Environment Programme (SPREP) in protection, but their implementation nonnative invasive plants and feral collaboration with the Ministry of does not achieve that result. The DMWR

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is given statutory authority to ‘‘manage, 2011, p. 52), hypothetically may provide Factor E: Other Natural or Manmade protect, preserve, and perpetuate marine some foraging habitat for the mao, but Factors Affecting Its Continued and wildlife resources’’ and to it is a small (20-ac (8-ha)) island of Existence promulgate rules and regulations to that native forest in the middle of the Hurricanes end (ASCA, title 24, chapter 3). This heavily developed Tafuna Plain (Trail agency conducts monitoring surveys, 1993, pp. 1, 4), far from large areas of Hurricanes are a common natural conservation activities, and community native forest. These laws and disturbance in the tropical Pacific and outreach and education about regulations are designed to ensure that have occurred in the Samoan conservation concerns. However, to our ‘‘environmental concerns are given archipelago with varying frequency and knowledge, the DMWR has not used this appropriate consideration,’’ and include intensity (see Factor E discussion for the authority to undertake conservation provisions and requirements that could Pacific sheath-tailed bat). Catastrophic efforts for the mao such as habitat address to some degree threats to native events such as hurricanes can be a major protection and control of nonnative forest habitat required by the mao, even threat to the persistence of species predators such as rats and cats (DMWR though individual species are not already experiencing population-level 2006, pp. 79–80). named (ASAC § 26.0202 et seq.). impacts of other stressors (MNRE 2006, The Territorial Endangered Species Because the implementation of these p. 8). Two storms in the 1990s, Cyclones Act provides for appointment of a regulations has been minimal and the Ofa (1990) and Val (1991), severely Commission with the authority to review of permits is not rigorous, the damaged much of the remaining nominate species as either endangered permit system has not provided the forested habitat in Samoa, reducing or threatened (ASCA, title 24, chapter habitat protection necessary to provide forest canopy cover by 73 percent 7). Regulations adopted under the for the conservation of the mao, and loss (MNRE 2006, pp. 5, 7). In addition, Coastal Management Act (ASCA of native forest habitat important to the struck Samoa in 2012 § 24.0501 et seq.) also prohibit the mao and other species as a result of causing severe and widespread forest taking of threatened or endangered land-clearing for agriculture and damage, including defoliation and species (ASAC § 26.0220.I.c). However, development has continued (DMWR downed trees in 80 to 90 percent of the the ASG has not listed the mao as 2006, p. 71). We conclude that the Reserves and National Parks on Upolu threatened or endangered, so these implementation of the Coastal (Butler and Stirnemann 2013, p. 41). regulatory mechanisms do not provide Management Act and its PNRS is Secondary forests also were severely protection for this species. inadequate to address the threat of damaged by the storm, and most trees in Under ASCA, title 24, chapter 08 habitat destruction and degradation to the known mao locations were stripped (Noxious Weeds), the Territorial DOA the mao (see Factor D for the Pacific of their leaves, fruits, and flowers has the authority to ban, confiscate, and sheath-tailed bat for further details). (Butler and Stirnemann 2013, p. 41). destroy species of plants harmful to the In summary, existing Territorial laws Hurricanes thus exacerbate forest agricultural economy. Similarly, under and regulatory mechanisms have the fragmentation and invasion of native ASCA, title 24, chapter 06 (Quarantine), potential to offer some level of forests by nonnative species, stressors the director of DOA has the authority to protection for the mao and its habitat if that reduce breeding, nesting, and promulgate agriculture quarantine it were to be reintroduced to American foraging habitat for the mao (see Factor restrictions concerning animals. These Samoa but are not currently A, above). Although severe storms are a laws may provide some protection implemented in a manner that would do natural disturbance with which the mao against the introduction of new so. The DMWR has not exercised its has coexisted for millennia, such storms nonnative species that may have statutory authority to address threats to exacerbate the threats to its remaining negative effects on the mao’s habitat or the mao such as predation by nonnative small, isolated populations by at least become predators of the mao, but these predators; the mao is not listed pursuant temporarily damaging or redistributing regulations do not require any measures to the Territorial Endangered Species habitat and food resources for the birds to control invasive nonnative plants or Act; and the Coastal Management Act and causing direct mortality of animals that already are established and and its implementing regulations have individuals (Wiley and Wunderle 1993, proving harmful to native species and the potential to address the threat of pp. 340–341; Wunderle and Wiley 1996, their habitats (DMWR 2006, p. 80) (see habitat loss to deforestation more p. 261). If the mao was widely Factor D for the Pacific sheath-tailed substantively, but the implementation of distributed, had ample habitat and bat, above). this law does not address the threats to sufficient numbers, and were not under As described above, the Territorial the mao. chronic pressure from anthropogenic Coastal Management Act establishes a threats such as introduced predators, it Summary of Factor D land use permit (LUP) system for might recover from hurricane-related development projects and a Project Based on the best available mortality and the temporary loss or Notification Review System (PNRS) for information, no existing Federal redistribution of resources in the wake multi-agency review and approval of regulatory mechanisms address the of severe storms. However, this species’ LUP applications (ASAC § 26.0206). The threats to the mao. Some existing current status makes it highly standards and criteria for review of LUP regulatory mechanisms in Samoa and vulnerable to catastrophic chance applications include requirements to American Samoa have the potential to events, such as hurricanes, which occur protect Special Management Areas offer some protection of the mao and its frequently throughout its range in (SMA), Unique Areas, and ‘‘critical habitat, but their implementation does Samoa and American Samoa. habitats’’ (ASCA § 24.0501 et. seq.). To not reduce or remove threats to the date, the SMAs that have been species such as habitat destruction or Low Numbers of Individuals and designated (Pago Pago Harbor, Leone modification or predation by nonnative Populations Pala, and Nuuuli Pala; ASAC § 26.0221), species such that listing is not Species with low numbers of do not provide habitat for the mao. The warranted. For these reasons, we individuals, restricted distributions, and only Unique Area designated to date, conclude that existing regulatory small, isolated populations are often the Ottoville Rainforest (American mechanisms do not address the threats more susceptible to extinction as a Samoa Coastal Management Program to the mao. result of natural catastrophes such as

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hurricanes or disease outbreaks, would likely exacerbate other threats to population, can lead to a decline that is demographic fluctuations, or inbreeding this species as well as provide unrecoverable and results in extinction depression (Shaffer 1981, p. 131; see additional stresses on its habitat. The (Brook et al. 2008, pp. 457–458). The Factor E discussion for the Pacific probability of species extinction as a impacts of any one of the stressors sheath-tailed bat, above). These result of climate change impacts described above might be sustained by problems associated with small increases when its range is restricted, a species with a larger, more resilient population size are further magnified by habitat decreases, and numbers of population, but in combination habitat interactions with each other and with populations decline (IPCC 2007, p. 48). loss, predation, small-population risks, other threats, such as habitat loss and The mao is limited by its restricted and climate change have the potential to predation (Lacy 2000, pp. 45–47; see range and low numbers of individuals. rapidly affect the size, growth rate, and Factor A and Factor C, above). Therefore, we expect this species to be genetic integrity of a species like the We consider the mao to be vulnerable particularly vulnerable to the mao that persists as small, disjunct to extinction because of threats environmental effects of climate change populations. Thus, the synergy among associated with its low number of and subsequent impacts to its habitat, factors may result in greater impacts to individuals—perhaps not more than a even though the specific and cumulative the mao than any one stressor by itself. few hundred birds—and low numbers of effects of climate change on the mao are Determination for the Mao populations. These threats include presently unknown and we are not able environmental catastrophes, such as to determine the magnitude of this We have carefully assessed the best hurricanes, which could immediately future threat with confidence. Although scientific and commercial information extinguish some or all of the remaining we cannot predict the timing, extent, or available regarding the past, present, populations; demographic stochasticity magnitude of specific impacts, we do and future threats to mao. This large that could leave the species without expect the effects of climate change to honeyeater endemic to the Samoan sufficient males or females to be viable; exacerbate the current threats to these archipelago is vulnerable to extinction and inbreeding depression or loss of species, such as habitat loss and because of the loss and degradation of adaptive potential that can be associated degradation. its forested habitat, predation by with loss of genetic diversity and result nonnative mammals, and the impact of in eventual extinction (Shaffer 1981, p. Conservation Efforts To Reduce Other stochastic events to species that are 131; Lacy 2000, pp. 40, 44–46). Natural or Manmade Factors Affecting reduced to small population size and Combined with ongoing habitat Its Continued Existence limited distribution. destruction and modification by logging, We are unaware of any conservation The threat of habitat destruction and agriculture, development, nonnative actions planned or implemented at this modification from agriculture, logging, plant species, and feral ungulates time to abate the threats of hurricanes and development, nonnative plants, and (Factor A) and predation by rats and and low numbers of individuals or the nonnative ungulates is occurring feral cats (Factor C), the effects of these effects of climate change that negatively throughout the range of the mao, and is threats to small populations further impact the mao. However, the not likely to be reduced in the future increases the risk of extinction of the completion of a plan for the mao’s (Factor A). The threat of predation from mao. recovery in Samoa in 2006, basic nonnative predators such as rats and research on the species’ life-history feral cats is ongoing and likely to Effects of Climate Change requirements, population monitoring, continue in the future (Factor C). Our analyses under the Act include and cooperation between the Additionally, the low numbers of consideration of ongoing and projected Governments of American Samoa and individuals and populations of the mao changes in climate (see Factor E Samoa may contribute to the render the species vulnerable to discussion for the Pacific sheath-tailed conservation of the mao. environmental catastrophes such as bat). The magnitude and intensity of the hurricanes, demographic stochasticity, impacts of global climate change and Synergistic Effects and inbreeding depression (Factor E). increasing temperatures on western In our analysis of the five factors, we These factors pose threats to the mao tropical Pacific island ecosystems found that the mao is likely to be whether we consider their effects currently are unknown. In addition, affected by loss of forest habitat, individually or cumulatively. Existing there are no climate change studies that predation by nonnative mammals, and regulatory mechanisms and address impacts to the specific habitats the vulnerability of its small, isolated conservation efforts do not address the of the mao. The scientific assessment population to chance demographic and threats to this species (Factor D), and all completed by the Pacific Science environmental occurrences. In addition, of these threats are likely to continue in Climate Science Program provides increased ambient temperature and the future. general projections or trends for storm severity resulting from climate The Act defines an endangered predicted changes in climate and change are likely to exacerbate other, species as any species that is ‘‘in danger associated changes in ambient direct threats to the mao and in of extinction throughout all or a temperature, precipitation, hurricanes, particular place additional stress on its significant portion of its range’’ and a and sea level rise for countries in the habitat; these effects of climate change threatened species as any species ‘‘that western tropical Pacific region are projected to increase in the future. is likely to become endangered including Samoa (used also as a proxy Multiple stressors acting in combination throughout all or a significant portion of for American Samoa) (Australian BOM have greater potential to affect the mao its range within the foreseeable future.’’ and CSIRO 2011, Vol. 1 & Vol. 2; see than each factor alone. For example, Based on the severity and immediacy of Factor E discussion for the Pacific projected warmer temperatures and threats currently affecting the species, sheath-tailed bat for summary). increased storm severity may enhance we find that the mao is presently in Although we do not have specific the spread of nonnative invasive plants danger of extinction throughout its information on the impacts of the effects in the mao’s forest habitat. The entire range. The imminent threats of of climate change to the mao, increased combined effects of environmental, habitat loss and degradation, predation ambient temperature and precipitation, demographic, and catastrophic-event by nonnative rats and feral cats, the and increased severity of hurricanes, stressors, especially on a small small number of individuals, the effects

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of small population size, restricted pink with a white border. Immature estimate a total population of about 100 range, and stochastic events such as birds are similar to adults but are birds on Ofu and possibly Olosega. hurricanes render this species in its uniformly brown. Females are Engbring and Ramsey (1989, p. 57) entirety highly susceptible to extinction; dimorphic in Fiji and Tonga, where a described the population on Ofu as for this reason, we find that threatened brown phase (tawny underparts and no ‘‘very small,’’ but did not attempt a species status is not appropriate for the breast shield) and pale phase (similar to population estimate. More than 10 mao. Therefore, on the basis of the best males but duller) occur. In Samoa and ground-doves were caught on Olosega available scientific and commercial American Samoa, only the pale phase is between 2001 and 2004, suggesting that information, we are listing the mao as known to occur (Watling 2001, p. 117). numbers there are greater than on Ofu, endangered in accordance with sections In American Samoa, the friendly but birds may move between the two 3(6) and 4(a)(1) of the Act. ground-dove is typically found on or islands (Seamon 2004a, in litt.), which Under the Act and our implementing near steep, forested slopes, particularly once were a single land mass and are regulations, a species may warrant those with an open understory and fine today connected by a causeway that is listing if it is in danger of extinction or scree or exposed soil (Tulafono 2006, in roughly 490 feet (ft) (150 meters (m)) likely to become so throughout all or a litt.). Elsewhere the species is known to long. No current population estimate is significant portion of its range. Because inhabit brushy vegetation or native available; the secretive habits of this we have determined that the mao is forest on offshore islands, native species make monitoring difficult. endangered throughout all of its range, limestone forest (Tonga), and forest Monitoring surveys over the last 10 no portion of its range can be habitats on large, high islands years do not, however, suggest any ‘‘significant’’ for purposes of the (Steadman and Freifeld 1998, p. 617; change in the relative abundance of the definitions of ‘‘endangered species’’ and Clunie 1999, pp. 42–43; Freifeld et al. friendly ground-dove (Seamon 2004a, in ‘‘threatened species.’’ See the Final 2001, p. 79; Watling 2001, p. 118). This litt.). The DMWR biologists regularly Policy on Interpretation of the Phrase bird spends most of its time on the observe this species at several locations ‘‘Significant Portion of Its Range’’ in the ground, and feeds on seeds, fruit, buds, on Ofu and Olosega (DMWR 2013, in Endangered Species Act’s Definitions of snails, and insects (Clunie 1999, p. 42; litt.), and have initiated a project to ‘‘Endangered Species’’ and ‘‘Threatened Craig 2009, p. 125). The friendly color-band the population in order to Species’’ (79 FR 37577, July 1, 2014). ground-dove typically builds a nest of better describe their distribution and twigs several feet from the ground or in American Samoa Population of the status on the two islands (Miles 2015b, a tree fern crown, and lays one or two Friendly Ground-Dove, Gallicolumba in litt.). The American Samoa white eggs (Clunie 1999, p. 43). Nesting stairi, Tuaimeo (American Samoa, population of the friendly ground-dove was also observed in a log less than a Samoa) likely persists at low absolute numbers meter off the ground (Stirnemann 2015, (Amerson et al. 1982, p. 69; Engbring The genus Gallicolumba is distributed in litt.). and Ramsey 1989, p. 57), and at low throughout the Pacific and Southeast The friendly ground-dove is abundance relative to other Samoan Asia and is represented in the oceanic uncommon or rare throughout its range forest bird species (Amerson et al. 1982, Pacific by six species. Three species are in Fiji, Tonga, , p. 69; Seamon 2004, in litt.; Tulafono endemic to Micronesian islands or Samoa, and American Samoa (Steadman 2006, in litt.; Pyle 2016, in litt.). archipelagos, two are endemic to island and Freifeld 1998, p. 626; Schuster et al. groups in French Polynesia, and 1999, pp. 13, 70; Freifeld et al. 2001, pp. Distinct Population Segment (DPS) Gallicolumba stairi is endemic to 78–79; Watling 2001, p. 118; Steadman Analysis Samoa, Tonga, and Fiji (Sibley and 1997, pp. 745, 747), except for on some Under the Act, we have the authority Monroe 1990, p. 206). The species name small islands in Fiji (Watling 2001, p. to consider for listing any species, used here, the friendly ground-dove, 118). The status of the species as a subspecies, or for vertebrates, any was derived from ‘‘Friendly Islands’’ whole is not monitored closely distinct population segment (DPS) of (i.e., Tonga), where it is purported to throughout its range, but based on these taxa if there is sufficient have been first collected (Watling 2001, available information, the friendly information to indicate that such action p. 118). Because of its shy and secretive ground-dove persists in very small may be warranted. To guide the habits, this species is also often referred numbers in Samoa (Schuster et al. 1999, implementation of the DPS provisions to as the shy ground-dove (Pratt et al. pp. 13, 70; Freifeld et al. 2001, pp. 78– of the Act, we and the National Marine 1997, pp. 194–195). Some authors 79), and is considered to be among the Fisheries Service (NOAA–Fisheries), recognize two subspecies of the friendly most endangered of native Samoan bird published the Policy Regarding the ground-dove: One, slightly smaller, in species (Watling 2001, p. 118). In Tonga, Recognition of Distinct Vertebrate the Samoan archipelago (G. s. stairi), the species occurs primarily on small, Population Segments Under the and the other in Tonga and Fiji (G. s. uninhabited islands and in one small Endangered Species Act (DPS Policy) in vitiensis) (Mayr 1945, pp. 131–132). area of a larger island (Steadman and the Federal Register on February 7, However, morphological differences Freifeld 1998, pp. 617–618; Watling 1996 (61 FR 4722). Under our DPS between the two are slight (Watling 2001, p. 118). In Fiji, the friendly Policy, we use two elements to assess 2001, p. 117), and no genetic or other ground-dove is thought to be widely whether a population segment under studies have validated the existence of distributed but uncommon on large consideration for listing may be separate subspecies. islands and relatively common on some recognized as a DPS: (1) The population The friendly ground-dove is a small islands (Watling 2001, p. 118). segment’s discreteness from the medium-sized dove, approximately 10 In American Samoa, the species was remainder of the species to which it in (26 cm) long. Males have rufous- first reported on Ofu in 1976 (Amerson belongs and (2) the significance of the brown upperparts with a bronze-green et al. 1982, p. 69), and has been population segment to the species to iridescence, the crown and nape are recorded infrequently on Ofu and more which it belongs. If we determine that grey, the wings rufous with a purplish commonly on Olosega since the mid- a population segment being considered luster, and the tail is dark brown. The 1990s (Amerson et al. 1982, p. 69; for listing is a DPS, then the population abdomen and belly are dark brown- Seamon 2004a, in litt.; Tulafono 2006, segment’s conservation status is olive, while the breast shield is dark in litt.). Amerson et al. (1982, p. 69) evaluated based on the five listing

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factors established by the Act to population on Ofu and Olosega islands population segment differs markedly determine if listing it as either from the other populations in Samoa from other populations of the species in endangered or threatened is warranted. (118 miles mi (190 km)), Tonga (430 mi its genetic characteristics. At least one Below, we evaluate the American (690 km)), and Fiji (more than 625 mi of these criteria is met. We have found Samoa population of the friendly (1,000 km)). In addition, the American substantial evidence that loss of the ground-dove to determine whether it Samoan island of Tutuila lies between American Samoa population of the meets the definition of a DPS under our the American Samoa population and the friendly ground-dove would constitute a Policy. nearest population in Samoa, and no significant gap in the range of this Tutuila records of the friendly ground- Discreteness species, and thus this population meets dove exist. For these reasons, it is likely our criteria for significance under our Under our DPS Policy, a population that populations of the friendly ground- Policy. segment of a vertebrate taxon may be dove, which occur in three archipelagos, considered discrete if it satisfies either are ecologically isolated from each other The American Samoa population of one of the following conditions: (1) It is (i.e., the likelihood is low that a the friendly ground-dove represents the markedly separated from other population decimated or lost would be easternmost distribution of this species. populations of the same taxon as a rebuilt by immigration from another The loss of this population would consequence of physical, physiological, population). truncate the species’ range by ecological, or behavioral factors Based on our review of the available approximately 100 mi (161 km), or (quantitative measures of genetic or information, we have determined that approximately 15 percent of the linear morphological discontinuity may the American Samoa population of the extent of its range, which trends provide evidence of this separation); or friendly ground-dove is markedly southwest-to-northeast from Fiji to (2) it is delimited by international separate from other populations of the Tonga to Wallis and Futuna, Samoa, and governmental boundaries within which species due to geographic (physical) American Samoa. Unlike other Pacific differences in control of exploitation, isolation from friendly ground-dove Island columbids, this species does not management of habitat, conservation populations in Samoa, Tonga, and Fiji fly high above the canopy; it is an status, or regulatory mechanisms exist (Fig. 1). The geographic distance understory species that forages largely that are significant in light of section between the American Samoa on the ground and nests near the ground 4(a)(1)(D) of the Act. population and other populations (Watling 2001, p. 118). Because of its The American Samoa population of coupled with the low likelihood of flight limitations, the friendly ground- the friendly ground-dove, a cryptic, frequent long-distance exchange dove is unlikely to disperse over the understory-dwelling dove not noted for between populations further separate long distances between American long-distance dispersal, is markedly the American Samoa population from Samoa and the nearest surrounding separate from other populations of the other populations of this species populations. Therefore, the loss of the species. The genus Gallicolumba is throughout its range. Therefore, we have American Samoa population coupled widely distributed in the Pacific, but determined that the American Samoa with the low likelihood of populations of the friendly ground-dove population of friendly ground-dove recolonization from the nearest source are restricted to a subset of islands meets a condition of our DPS policy for populations in Samoa, Fiji, and Tonga (often small, offshore islets) in any discreteness. would create a significant gap in the archipelago where they occur, or even to range of the friendly ground-dove. limited areas of single islands in Significance Polynesia (Steadman and Freifeld 1998, Under our DPS Policy, once we have Summary of DPS Analysis Regarding pp. 617–618; Freifeld et al. 2001, p. 79; determined that a population segment is the American Samoa Population of the Watling 2001, p. 118). Unlike other discrete, we consider its biological and Friendly Ground-Dove Pacific Island columbids, this species ecological significance to the larger does not fly high above the canopy; it taxon to which it belongs. This Given that both the discreteness and is an understory species that forages consideration may include, but is not the significance elements of the DPS largely on the ground and nests near the limited to: (1) Evidence of the policy are met for the American Samoa ground (Watling 2001, p. 118). persistence of the discrete population population of the friendly ground-dove, Furthermore, members of the genus that segment in an ecological setting that is we find that the American Samoa are restricted to individual archipelagos, unusual or unique for the taxon, (2) population of the friendly ground-dove single islands, or offshore islets are evidence that loss of the population is a valid DPS. Therefore, the American presumed to be relatively sedentary, segment would result in a significant Samoa DPS of friendly ground-dove is a weak, or reluctant fliers, with inter- gap in the range of the taxon, (3) listable entity under the Act, and we island flights rarely observed (Baptista evidence that the population segment now assess this DPS’s conservation et al. 1997, pp. 95, 179–187, Freifeld et represents the only surviving natural status in relation to the Act’s standards al. 2001, p. 79). Therefore, there is a low occurrence of a taxon that may be more for listing, (i.e., whether this DPS meets likelihood of frequent dispersal or abundant elsewhere as an introduced the definition of an endangered or immigration over the large distances population outside its historical range, threatened species under the Act). that separate the American Samoa or (4) evidence that the discrete BILLING CODE 4333–15–P

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BILLING CODE 4333–15–C Samoa (see Factor A discussion for the expected to continue into the future, but Summary of Factors Affecting the mao). On Ofu, the coastal forest where probably at a low rate; the human American Samoa DPS of the Friendly the ground-dove has been recorded, and population on Ofu and Olosega has been Ground-Dove which may be the preferred habitat for declining over recent decades and was this species range-wide (Watling 2001, estimated at 176 (Ofu) and 177 (Olosega) Factor A: The Present or Threatened p. 118), largely has been converted to in 2010 (American Samoa Government Destruction, Modification, or villages, grasslands, or coconut 2013, p. 8). However, because any Curtailment of Its Habitat or Range plantations (Whistler 1994, p. 127). further loss of habitat to land-clearing Habitat Destruction and Modification by However, none of the land-clearing or will further isolate the remaining Agriculture and Development development projects proposed for Ofu populations of this species in American or Olosega in recent years has been Samoa, we conclude that habitat The loss or modification of lowland approved or initiated in areas known to destruction and modification by and coastal forests has been implicated be frequented by friendly ground-doves agriculture is a current threat to the as a limiting factor for populations of (Tulafono 2006, in litt.; Stein et al. 2014, American Samoa DPS of the friendly the friendly ground-dove and has likely p. 25). Based on the above information, ground-dove that will continue in the pushed this species into more disturbed we find that agriculture and future. areas or forested habitat at higher development have caused substantial Conservation Efforts To Reduce Habitat elevations (Watling 2001, p. 118). destruction and modification of the Destruction, Modification, or Several thousand years of subsistence habitat of the friendly ground-dove in Curtailment of Its Range agriculture and more recent, larger-scale American Samoa and have likely agriculture have resulted in the resulted in the curtailment of its range The National Park of American Samoa alteration and great reduction in area of in American Samoa. Habitat destruction (NPSA) was established to preserve and forests at lower elevations in American and modification by agriculture is protect the tropical forest and

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archaeological and cultural resources, to killed each year by hunters in search of because of its physical connection to maintain the habitat of flying foxes, to the Pacific pigeon or purple-capped Ofu. preserve the ecological balance of the fruit-dove (Craig 2009, p. 106). The Predation by rats is well known to Samoan tropical forest, and, consistent accidental killing of the friendly have caused population decline and with the preservation of these resources, ground-dove by hunters in pursuit of extirpation in many island bird species to provide for the enjoyment of the other bird species (during a sanctioned (Atkinson 1977, p. 129; 1985, pp. 55–70; unique resources of the Samoan tropical hunting season; see Factor D) has the O’Donnell et al. 2015, pp. 24–26), forest by visitors from around the world potential to occur. Poaching is not especially species that nest on or near (Pub. L. 100–571, Pub. L. 100–336). considered a threat to the friendly the ground or in burrows (Bertram and Under a 50-year lease agreement ground-dove in American Samoa Nagorsen 1995, pp. 6–10; Flint 1999, p. between local villages, the American (Seamon 2004a, in litt.; 2004b, in litt.). 200; Carlile et al. 2003, p. 186). For Samoa Government, and the Federal In addition, the use of firearms on the example, black rats were responsible for Government, approximately 73 ac (30 islands of Ofu and Olosega has rarely, the near extirpation of the burrow- ha) on Ofu Island are located within if ever, been observed (Caruso 2015a, in nesting Galapagos petrel on Floreana park boundaries (NPSA Lease litt.). In the proposed rule, we had no Island (Cruz and Cruz 1987, pp. 3–13), Agreement 1993). While the majority of information indicating that and for the extinction of the ground- the park’s land area on Ofu consists of overutilization has led to the loss of nesting Laysan rail (Porzana palmeri), coastal and beach habitat, populations or a significant reduction in which had been translocated to Midway approximately 30 ac (12 ha) in the numbers of the friendly ground-dove in Atoll prior to the loss of the Laysan vicinity of Sunuitao Peak may provide American Samoa. We have received no population (Fisher and Baldwin 1946, p. forested habitat for the friendly ground- new information. In summary, based on 8). The best available information is not dove. the best available scientific and specific to rat predation on the American Samoa DPS of the friendly Summary of Factor A commercial information, we do not consider overutilization for commercial, ground-dove, but the pervasive presence Past clearing for agriculture and recreational, scientific, or educational of rats throughout American Samoa development has resulted in the purposes to be a threat to the American makes it likely that they play a role in significant destruction and modification Samoa DPS of the friendly ground-dove. limiting populations of this species. of coastal forest habitat for the American When this final listing becomes effective Predation by cats has been directly Samoa DPS of the friendly ground-dove. (see DATES, above), research and responsible for the extinction of Land-clearing for agriculture is expected collection of this species will be numerous birds on oceanic islands to continue in the future, but likely at regulated through permits issued under (Medina et al. 2011, p. 6). Native a low rate. However, the degraded and section 10(a)(1)(A) of the Act. mammalian carnivores are absent from fragmented status of the remaining oceanic islands because of their low habitat for the ground-dove is likely to Factor C: Disease or Predation dispersal ability, but once introduced by be exacerbated by hurricanes (see Factor Disease humans, they become significant E discussion). While the NPSA provides predators on native animals such as some protection for the forested habitat Research suggests that avian malaria seabirds and landbirds that are not required by the friendly ground-dove may be indigenous and non-pathogenic adapted to predation by terrestrial within the park, it is not of sufficient in American Samoa, and, therefore, is carnivores (Nogales et al. 2013, p. 804; quantity to ameliorate the impacts from unlikely to limit populations of the Scott et al. 1986, p. 363; Ainley et al. habitat loss elsewhere on Ofu and friendly ground-dove (Jarvi et al. 2003, 1997, p. 24; Hess and Banko 2006, in Olosega islands, or from habitat p. 636; Seamon 2004a, in litt.). Although litt.). Domestic cats have been observed degradation and loss caused by other blood parasites are common in in remote areas known to be frequented hurricanes (inside and outside the park). many bird species in American Samoa, by ground-doves and may prey on Therefore, we consider habitat none have been reported to date in friendly ground-doves and other species destruction and modification to be a friendly ground-dove samples (Atkinson that nest on or near the ground (Arcilla threat to this DPS. et al. 2006, p. 232). The best available 2015, in litt.). Therefore, the threat of information does not show there are Factor B: Overutilization for predation by feral cats could have a other avian diseases that may be Commercial, Recreational, Scientific, or significant influence on this species, affecting this species. Educational Purposes particularly given that the American Predation Samoa DPS of the friendly ground-dove Pigeon-catching was a traditional population appears to be very small and practice in ancient Samoan society Depredation by introduced limited to small areas on the islands of (Craig 2009, p. 104). Hunting of mammalian predators is the likely cause Ofu and Olosega. terrestrial birds and bats in American of widespread extirpation of the friendly Samoa primarily for subsistence ground-dove throughout portions of its Conservation Efforts To Reduce Disease purposes continued until the range (Steadman and Freifeld 1998, p. or Predation documented decline of wildlife 617; Watling 2001, p. 118). Three We are unaware of any conservation populations led to the enactment of a species of rats occur in American Samoa actions planned or implemented at this hunting ban and formal hunting and are likely to be present on the time to abate the threats of predation by regulations (Craig et al. 1994, pp. 345– islands of Ofu and Olosega: The feral cats or rats to the American Samoa 346). The bird species most commonly Polynesian rat, Norway rat, and black DPS of the friendly ground-dove. taken were the Pacific pigeon or lupe rat (Atkinson 1985, p. 38; DMWR 2006, (Ducula ducula) and the purple-capped p. 22; Caruso 2015b, in litt.). Domestic Summary of Factor C fruit-dove or manutagi (Ptilinopus cats are widespread on Ofu and have In summary, based on the best porphyraceus). Although the many- been observed in the proximity of areas available scientific and commercial colored fruit dove or manuma where friendly ground-doves have been information, we conclude that disease is (Ptilinopus perousii) is too rare to be detected (Arcilla 2015, in litt.). Feral not a factor in the continued existence sought by hunters, a few may have been cats are likely to occur on Olosega of the friendly ground-dove. Because

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island birds such as the friendly ground- are established and proving harmful to Endangered Species Act; and the dove are extremely vulnerable to native species and their habitats Coastal Management Act and its predation by nonnative predators, the (DMWR 2006, p. 80) (see Factor D for implementing regulations have the threat of predation by rats and feral cats the Pacific sheath-tailed bat, above). potential to address the threat of habitat is likely to continue and is considered As described above, the Territorial loss to deforestation more substantively, a threat to the continued existence of Coastal Management Act establishes a but this law is inadequately this DPS. land use permit (LUP) system for implemented. Based on the best development projects and a Project available information, some existing Factor D: The Inadequacy of Existing Notification Review System (PNRS) for Regulatory Mechanisms regulatory mechanisms have the multi-agency review and approval of potential to offer some protection of the In American Samoa no existing LUP applications (ASAC § 26.0206). The friendly ground-dove and its habitat, but Federal laws, treaties, or regulations standards and criteria for review of LUP their implementation does not reduce or specify protection of the friendly applications include requirements to remove threats to the species such as ground-dove’s habitat from the threat of protect Special Management Areas habitat destruction or modification or deforestation, or address the threat of (SMA), Unique Areas, and ‘‘critical predation by nonnative species. For predation by nonnative mammals such habitats’’ (ASCA § 24.0501 et. seq.). To these reasons, we conclude that existing as rats and feral cats. However, some date, the SMAs that have been regulatory mechanisms do not address existing Territorial laws and regulations designated (Pago Pago Harbor, Leone the threats to the American Samoa DPS have the potential to afford the species Pala, and Nuuuli Pala; ASAC § 26.0221), of the friendly ground-dove. some protection, but their are all on Tutuila and do not provide implementation does not achieve that habitat for the friendly ground-dove, Factor E: Other Natural or Manmade result. The DMWR is given statutory which occurs only on the islands of Ofu Factors Affecting Its Continued authority to ‘‘manage, protect, preserve, and Olosega. The only Unique Area Existence and perpetuate marine and wildlife designated to date, the Ottoville Hurricanes resources’’ and to promulgate rules and Rainforest (American Samoa Coastal regulations to that end (ASCA, title 24, Management Program 2011, p. 52), also Hurricanes may cause the direct and chapter 3). This agency conducts is on Tutuila and does not provide indirect mortality of the friendly monitoring surveys, conservation habitat for the friendly ground-dove. ground-dove, as well as modify its activities, and community outreach and These laws and regulations are designed already limited habitat (see Factor A education about conservation concerns. to ensure that ‘‘environmental concerns above). This species has likely coexisted However, to our knowledge, the DMWR are given appropriate consideration,’’ with hurricanes for millennia in has not used this authority to undertake and include provisions and American Samoa, and if the friendly conservation efforts for the friendly requirements that could address to some ground-dove was widely distributed in ground-dove such as habitat protection degree threats to native forest habitat American Samoa, had ample habitat and and control of nonnative predators such required by the friendly ground-dove, sufficient numbers, and was not under as rats and cats (DMWR 2006, pp. 79– even though individual species are not chronic pressure from anthropogenic 80). named (ASAC § 26.0202 et seq.). threats such as habitat loss and The Territorial Endangered Species Because the implementation of these introduced predators, it might recover Act provides for appointment of a regulations has been minimal and from hurricane-related mortality and the Commission with the authority to review of permits is not rigorous, the temporary loss or redistribution of nominate species as either endangered permit system may not provide the resources in the wake of severe storms. or threatened (ASCA, title 24, chapter habitat protection necessary to provide For example, Hurricanes Heta (in 7). Regulations adopted under the for the conservation of the friendly January 2004) and Olaf (in February Coastal Management Act (ASCA ground-dove and instead result in loss 2005) destroyed suitable habitat for the § 24.0501 et seq.) also prohibit the of native habitat important to this and friendly ground-dove at one of the areas taking of threatened or endangered other species as a result of land-clearing on Olosega where this species was most species (ASAC § 26.0220.I.c). However, for agriculture and development frequently encountered; detections of the ASG has not listed the friendly (DMWR 2006, p. 71). We conclude that ground-doves in other, less storm- ground-dove as threatened or the implementation of the Coastal damaged areas subsequently increased, endangered, so these regulatory Management Act and its PNRS does not suggesting they had moved from the mechanisms do not provide protection address the threat of habitat destruction area affected by the storms (Seamon for this species. and degradation to the friendly ground- 2005, in litt.; Tulafono 2006, in litt.). Under ASCA, title 24, chapter 08 dove to the extent that listing is not However, this species’ current status in (Noxious Weeds), the Territorial DOA warranted (see Factor D for the Pacific American Samoa makes it highly has the authority to ban, confiscate, and sheath-tailed bat for further details). vulnerable to chance events, such as destroy species of plants harmful to the hurricanes. agricultural economy. Similarly, under Summary of Factor D ASCA, title 24, chapter 06 (Quarantine), In summary, existing Territorial laws Low Numbers of Individuals and the director of DOA has the authority to and regulatory mechanisms have the Populations promulgate agriculture quarantine potential to offer some level of Species with a low total number of restrictions concerning animals. These protection for the American Samoa DPS individuals, restricted distributions, and laws may provide some protection of the friendly ground-dove and its small, isolated populations are often against the introduction of new habitat but are not currently more susceptible to extinction as a nonnative species that may have implemented in a manner that would do result of natural catastrophes, negative effects on the friendly ground- so. The DMWR has not exercised its demographic fluctuations, or inbreeding dove’s habitat or become predators of statutory authority to address threats to depression (Shaffer 1981, p. 131; see the species, but these regulations do not the ground-dove such as predation by Factor E discussion for the Pacific require any measures to control invasive nonnative predators; the species is not sheath-tailed bat, above). The American nonnative plants or animals that already listed pursuant to the Territorial Samoa DPS of the friendly ground-dove

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is at risk of extinction because of its habitat destruction and modification (Brook et al. 2008, pp. 457–458). The probable low remaining number of and availability of food resources of the impacts of any one of the stressors individuals and distribution restricted friendly ground-dove, whose diet described above might be sustained by to small areas on the islands of Ofu and consists mainly of seeds, fruit, buds, a species with a larger, more resilient Olosega, conditions that render this DPS and young leaves and shoots (Watling population, but in combination, habitat vulnerable to the small-population 2001, p. 118). The probability of species loss, predation, small-population risks, stressors listed above. These stressors extinction as a result of climate change and effects of climate change have the include environmental catastrophes, impacts increases when a species’ range potential to rapidly affect the size, such as hurricanes, which could is restricted, its habitat decreases, and growth rate, and genetic integrity of a immediately extinguish some or all of its numbers are declining (IPCC 2007, p. species like the American Samoa DPS of the remaining populations; 8). The friendly ground-dove is limited the friendly ground-dove that persists as demographic stochasticity that could by its restricted range, diminished small, disjunct populations. Thus, the leave the species without sufficient habitat, and small population size. synergy among factors may result in males or females to be viable; and Therefore, we expect the friendly greater impacts to the species than any inbreeding depression or loss of ground-dove to be particularly one stressor by itself. adaptive potential that can be associated vulnerable to the environmental impacts Determination for the American Samoa with loss of genetic diversity and result of projected changes in climate and DPS of the Friendly Ground-Dove in eventual extinction. These small- subsequent impacts to its habitat. population stressors are a threat to the Although we cannot predict the timing, We have carefully assessed the best American Samoa DPS of the friendly extent, or magnitude of specific impacts, scientific and commercial information ground-dove, and this threat is we do expect the effects of climate available regarding the past, present, exacerbated by habitat loss and change to exacerbate the current threats and future threats to the American degradation (Factor A) and predation by to these species, such as habitat loss and Samoa DPS of the friendly ground-dove. nonnative mammals (Factor C). degradation. The American Samoa DPS of the friendly ground-dove is vulnerable to Effects of Climate Change Conservation Efforts To Reduce Other extinction because of its reduced Our analyses under the Act include Natural or Manmade Factors Affecting population size and distribution, habitat consideration of ongoing and projected Its Continued Existence loss, and depredation by nonnative changes in climate (see Factor E We are unaware of any conservation mammals. discussion for the Pacific sheath-tailed actions planned or implemented at this The habitat of the American Samoa bat). The magnitude and intensity of the time to abate the threats of hurricanes, DPS of the friendly ground-dove impacts of global climate change and low numbers of individuals, and climate remains degraded and destroyed by past increasing temperatures on western change effects that negatively affect the land-clearing for agriculture, and tropical Pacific island ecosystems are American Samoa DPS of the friendly- hurricanes exacerbate the poor status of currently unknown. In addition, there ground-dove. this habitat, a threat that is likely to are no climate change studies that continue in the future (Factor A) and Synergistic Effects address impacts to the specific habitats worsen under the projected effects of of the American Samoa DPS of the In our analysis of the five factors, we climate change. The threat of predation friendly ground-dove. The scientific found that the American Samoa DPS of by nonnative mammals such as rats and assessment completed by the Pacific the friendly ground-dove is likely to be cats is a current threat and likely to Science Climate Science Program affected by loss of forest habitat, continue in the future (Factor C). The provides general projections or trends especially in lowland and coastal areas, DPS of the friendly ground-dove persists for predicted changes in climate and predation by nonnative mammals, and in low numbers of individuals and in associated changes in ambient the vulnerability of its small, isolated few and disjunct populations on two temperature, precipitation, hurricanes, population to chance demographic and small islands (Factor E), a threat that and sea level rise for countries in the environmental occurrences. We also interacts synergistically with other western tropical Pacific region identify the effects of climate change as threats. These factors pose threats to the including Samoa (Australian BOM and another source of risk to the species American Samoa DPS of the friendly CSIRO 2011, Vol. 1 and 2; used as a because increased ambient temperature ground-dove, whether we consider their proxy for American Samoa) (see Factor and storm severity resulting from effects individually or cumulatively. E discussion for the Pacific sheath-tailed climate change are likely to exacerbate Current Territorial wildlife laws and bat). other, direct threats to the ground-dove regulations and conservation efforts do Although we do not have specific in American Samoa, and in particular not address the threats to this DPS information on the impacts of climate place additional stress on its habitat; (Factor D), and these threats will change to the American Samoa DPS of these effects of climate change are continue in the future. the friendly ground-dove, increased projected to increase in the future. The Act defines an endangered ambient temperature and precipitation, Multiple stressors acting in combination species as any species that is ‘‘in danger increased severity of hurricanes, and sea have greater potential to affect the of extinction throughout all or a level rise and inundation would likely ground-dove than each factor alone. For significant portion of its range’’ and a exacerbate other threats to its habitat. example, projected warmer threatened species as any species ‘‘that Although hurricanes are part of the temperatures and increased storm is likely to become endangered natural disturbance regime in the severity will likely enhance the spread throughout all or a significant portion of tropical Pacific, and the friendly of nonnative invasive plants in the its range within the foreseeable future.’’ ground-dove has evolved in the ground-dove’s coastal forest habitat. The Based on the severity and immediacy of presence of this disturbance, the combined effects of environmental, threats currently affecting the species, projected increase in the severity of demographic, and catastrophic-event we find that the American Samoa DPS hurricanes resulting from climate stressors, especially on a small of the friendly ground-dove is presently change is expected to exacerbate the population, can lead to a decline that is in danger of extinction throughout its hurricane-related impacts such as unrecoverable and results in extinction range. The imminent threats of habitat

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loss and degradation, predation by flared aperture (i.e., tapered or wide- vegetation beneath intact forest canopy nonnative rats and feral cats, the small rimmed shell lip) than species of the (Miller 1993, p. 16). number of individuals and populations, related genus (Cowie et al. in Review of long-term changes in the the effects of small population size, a prep.). Adult Tutuila snail shells American Samoa fauna based range restricted to small areas of two usually fall between 0.7 and 0.8 in (18 on surveys from 1975 to 1998 and pre- small islands in American Samoa, and to 21 mm) in height and between 0.4 1975 collections characterized 3 of 12 stochastic events such as hurricanes and 0.5 in (11 to 13 mm) in width. species as being stable in numbers, with render this species in its entirety highly The biology of Samoan partulid snails the rest described as declining in susceptible to extinction; for this reason, has not been extensively studied, but numbers, including E. zebrina (Solem we find that threatened species status is there is considerable information on the 1975, as cited in Cowie 2001, pp. 214– not appropriate for the friendly ground- partulid snails of the Mariana Islands 216; Christensen 1980, p. 1; Miller 1993, dove. Therefore, on the basis of the best (Crampton 1925a, pp. 1–113; Cowie p. 13; Cowie 2001, p. 215). Eua zebrina available scientific and commercial 1992, pp. 167–191; Hopper and Smith was historically known only from the information, we are listing the American 1992, pp. 77–85) and Society Islands island of Tutuila (Cowie and Cook 2001, Samoa DPS of the friendly ground-dove (Crampton 1925b, pp. 5–35; Crampton p. 49), and until 1975, it was considered as endangered in accordance with 1932, pp. 1–194; Murray et al. 1982, pp. widespread and common (Cowie 2001, sections 3(6) and 4(a)(1) of the Act. 316–325; Johnson et al. 1986a, pp. 167– p. 215). The large number of collections Under the Act and our implementing 177; Johnson et al. 1986b, pp. 319–327). (927) of this species from Tutuila regulations, a species may warrant Snails in the family are between the 1920s and 1960s indicate listing if it is in danger of extinction or predominantly nocturnal, arboreal this species was clearly widely likely to become so throughout all or a herbivores that feed mainly on partially distributed and abundant; some significant portion of its range. Because decayed and fresh plant material collections included hundreds of we have determined that the DPS of the (Murray 1972 cited in Cowie 1992, p. specimens (Cowie and Cook 2001, p. friendly ground-dove is endangered 175; Murray et al. 1982, p. 324; Cowie 154). In addition, the enormous number throughout all of its range, no portion of 1992, pp. 167, 175; Miller 2014, pers. of shells of this species used in hotel its range can be ‘‘significant’’ for comm.). chandeliers also suggests its previous purposes of the definitions of Partulids are slow growing and abundance (Cowie 1993, p. 1). Then, in ‘‘endangered species’’ and ‘‘threatened hermaphroditic (Cowie 1992, pp. 167, 1993, only 34 live individuals of E. species.’’ See the Final Policy on 174). Eggs develop within the maternal zebrina were found at 2 of 9 sites on Interpretation of the Phrase ‘‘Significant body and hatch within or immediately Tutuila, with only shells found at 4 Portion of Its Range’’ in the Endangered after extrusion; they may or may not other sites (Miller 1993, pp. 11–13). In Species Act’s Definitions of receive nourishment directly from the a 1998 survey, E. zebrina was seen alive ‘‘Endangered Species’’ and ‘‘Threatened parent prior to extrusion (Cowie 1992, at 30 of 87 sites surveyed for land snails Species’’ (79 FR 37577, July 1, 2014). p. 174). Some species in the family are on Tutuila, and at 1 of 58 sites surveyed Snails known to be self-fertile, but most in the Manua Islands (Ofu, Olosega, and partulids rely predominantly on out- Tau), where it was observed for the first Eua zebrina crossing (Cowie 1992, pp. 167, 174). time on Ofu (Cowie and Cook 1999, pp. Eua zebrina, a tropical in Adult partulids generally live about 5 13, 22; Cowie 2001, p. 215). During the the family Partulidae, occurs solely on years and give birth about every 20 1998 survey, 1,102 live E. zebrina were the islands of Tutuila and Ofu in days, producing about 18 offspring per recorded on Tutuila, and 88 live E. American Samoa. Snails in this family year (Cowie 1992, pp. 174, 179–180). zebrina were recorded on Ofu (Cowie (which includes three genera: Eua, Partulids can have a single preferred and Cook 1999, p. 30). , and Samoana) are widely host plant or multiple host plants, in The uneven distribution of the 1,102 distributed throughout the high islands addition to having preference toward live snails on Tutuila suggests an overall of Polynesia, Melanesia, and Micronesia anatomical parts of the plant (i.e., decline in distribution and abundance; in the south- and west-Pacific basin leaves, branch, or trunk). Habitat 479 live snails were recorded at 3 (Johnson et al. 1986a, pp. 161–177; partitioning may occur among three survey sites in one area, 165 live snails Goodacre and Wade 2001, p. 6; Lee et partulids on Tutuila (Murray et al. 1982, were recorded at 7 survey sites, and al. 2014, pp. 2, 6–8). Many of the pp. 317–318; Cooke 1928, p. 6). Cooke fewer than 10 snails were recorded at roughly 120 or more partulid species, (1928, p. 6) observed that Samoana each of the remaining 20 sites (Cowie including Eua zebrina, are restricted to conica and S. abbreviata were and Cook 1999, p. 30). On Tutuila, the single islands or isolated groups of commonly found on trunks and survey sites with the highest numbers of islands (Kondo 1968, pp. 75–77; Cowie branches, and Eua zebrina was E. zebrina (except one site, Amalau) are 1992, p. 169). commonly found on leaves, but could concentrated in the central area of the The Samoan partulid tree snails in the also be found on trunks and branches, National Park of American Samoa: Toa genera Eua and Samoana are a good as well as on the ground in the leaf Ridge, Faiga Ridge, and eastwards to the example of this endemism. Cowie’s litter. A similar partitioning of habitat Vatia powerline trail and along Alava (1998) taxonomic work is the most has been reported for the Partula of the Ridge in these areas (Cowie and Cook recent and accepted taxonomic Society Islands (Murray et al. 1982, p. 1999, p. 30). We are unaware of any treatment of this species. 316). The snails are typically found systematic surveys conducted for E. Eua zebrina varies in color ranging scattered on understory vegetation in zebrina since 1998; however, E. zebrina from almost white to pale-brown, to forest with intact canopy 33 to 66 ft (10 are still periodically observed by dark brown or purplish; with or without to 20 m) above the ground (Cowie and American Samoan field biologists (Miles a zebra-like pattern of flecks and lines Cook 1999, pp. 47–49; Cowie 2001, p. 2015c, in litt.). Because the island of (Cowie and Cooke 1999, pp. 29–30). 219). The importance of native forest Ofu in the Manua Islands does not yet Most E. zebrina shells have transverse canopy and understory for Samoan land have the predatory rosy wolf snail (see patterning (distinct coloration snails cannot be underestimated; all live Factor C. Disease or Predation), the perpendicular to whorls) with a more snails were found on understory population of Eua zebrina on Ofu is of

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major conservation significance (Cowie do include forested habitat where snails Erosion resulting from rooting and 2001, p. 217). may occur. trampling by pigs impacts native plant The development of roads, trails, and communities by contributing to Summary of Factors Affecting Eua utility corridors has also caused habitat watershed degradation, alteration of zebrina destruction and modification in or plant nutrient status, and increasing the Factor A: The Present or Threatened adjacent to existing populations of Eua likelihood of landslides (Vitousek et al. Destruction, Modification, or zebrina on Tutuila (Cowie and Cook 2009, pp. 3,074–3,086; Chan-Halbrendt Curtailment of Its Habitat or Range 1999, pp. 3, 30). Development and et al. 2010, p. 251; Kessler 2011, pp. agriculture along the Alava Ridge road 320–324). In the Hawaiian Islands, pigs Habitat Destruction and Modification by and in the areas surrounding the have been described as the most Agriculture and Development Amalau inholding within NPSA pose a pervasive and disruptive nonnative Several thousand years of subsistence threat to populations of E. zebrina in influence on the unique native forests agriculture and more recent plantation these areas (Whistler 1994, p. 41; Cowie and are widely recognized as one of the agriculture has resulted in the alteration and Cook 1999, pp. 48–49). In addition, greatest current threats to Hawaii’s and great reduction in area of forests on construction activities, regular vehicular forest ecosystems (Aplet et al. 1991, p. the relatively flat land at lower and foot trail access, and road 56; Anderson and Stone 1993, p. 195). elevations throughout American Samoa maintenance activities cause erosion Feral pigs have been present in (Whistler 1994, p. 40; Mueller-Dombois and the increased spread of nonnative American Samoa since humans settled and Fosberg 1998, p. 361). The threat of plants resulting in further destruction or these islands (American Samoa Historic land conversion to unsuitable habitat modification of habitat (Cowie and Cook Preservation Office 2015, in litt.). In the (i.e., steep topography at elevations 1999, pp. 3, 47–48). In summary, past, hunting pressure kept their above the coastal plain) will accelerate although the NPSA protects some numbers down, however, increasing if the human population continues to forested habitat for the species, urbanization and increasing availability grow or if the changes in the economy agriculture and development have of material goods has resulted in the shift toward commercial agriculture contributed to habitat destruction and decline in the practice of pig hunting to (DMWR 2006, p. 71). modification, and continue to be a almost nothing (Whistler 1992, p. 21; threat to E. zebrina on Tutuila. The 1994, p. 41). Feral pigs are moderately On the island of Tutuila, the NPSA available information does not indicate common to abundant in many forested provides approximately 2,533 ac (1,025 that agriculture and development are a areas, where they spread invasive ha) of forested habitat on Tutuila that is current threat to the single known plants, damage understory vegetation, largely protected from clearing for population of E. zebrina on Ofu. and destroy riparian areas by their agriculture and development and However, because the vast majority of feeding and wallowing behavior managed under a 50-year lease individuals and populations of this (DMWR 2006, p. 23; ASCC 2010, p. 15). agreement with the American Samoa species occur on Tutuila, we consider Feral pigs are a serious problem in the Government and multiple villages agriculture and development to be a NPSA because of the damage they cause (NPSA Lease Agreement 1993). In current and ongoing threat to E. zebrina. to native vegetation through their addition, areas of continuous, rooting and wallowing (Whistler 1992, Habitat Destruction or Modification by undisturbed native forest on p. 21; 1994, p. 41; Hoshide 1996, p. 2; Feral Pigs northwestern Tutuila outside of the Cowie and Cook 1999, p. 48; Togia pers. NPSA boundaries may support Feral pigs are known to cause comm. in Loope et al. 2013, p. 321). Pig additional populations of E. zebrina, but deleterious impacts to ecosystem densities have been reduced in some survey data for these areas are lacking. processes and functions throughout areas (Togia 2015, in litt.), but without However, agriculture and urban their worldwide distribution (Aplet et control methods that effectively reduce development covers approximately 24 al. 1991, p. 56; Anderson and Stone feral pig populations, they are likely to percent of the island, and up to 60 1993, p. 201; Campbell and Long 2009, persist and remain high in areas that percent of the island contains slopes of p. 2,319). Feral pigs are extremely provide habitat for E. zebrina (Hess et less than 30 percent where additional destructive and have both direct and al. 2006, p. 53; ASCC 2010, p. 15). Based land-clearing is feasible (ASCC 2010, p. indirect impacts on native plant on the reliance of E. zebrina on 13; DWMR 2006, p. 25). Farmers are communities. Pigs are a major vector for understory vegetation under native increasingly encroaching into some of the establishment and spread of forest canopy, as well as the snail’s the steep forested areas as a result of invasive, nonnative plant species by potential to feed on the ground in the suitable flat lands already being dispersing plant seeds on their hooves leaf litter, the actions by feral pigs of occupied with urban development and and fur, and in their feces (Diong 1982, rooting, wallowing, and trampling, and agriculture (ASCC 2010, p. 13). pp. 169–170, 196–197), which also serve the associated impacts to native Consequently, agricultural plots on to fertilize disturbed soil (Siemann et al. vegetation and soil, negatively affect the Tutuila have spread from low elevations 2009, p. 547). In addition, pig rooting habitat of E. zebrina and are a current up to middle and some high elevations and wallowing contributes to erosion by threat to the species. on Tutuila, significantly reducing the clearing vegetation and creating large forest area and thus reducing the areas of disturbed soil, especially on Habitat Destruction and Modification by resilience of the native forest and slopes (Smith 1985, pp. 190, 192, 196, Nonnative Plant Species populations of native snails. In addition, 200, 204, 230–231; Stone 1985, pp. 254– Nonnative plant species can seriously substantial housing increases are also 255, 262–264; Tomich 1986, pp. 120– modify native habitat and render it projected to occur in some rural forests 126; Cuddihy and Stone 1990, pp. 64– unsuitable for native snail species along the northern coastline of Tutuila, 65; Aplet et al. 1991, p. 56; Loope et al. (Hadfield 1986, p. 325). Although some and in a few scattered areas near 1991, pp. 18–19; Gagne and Cuddihy Hawaiian tree snails have been recorded existing population bases with 1999, p. 52; Nogueira-Filho et al. 2009, on nonnative vegetation, it is more established roads (Stein et al. 2014, p. p. 3,681; CNMI–SWARS 2010, p. 15; generally the case that native snails 24). These areas are outside of known Dunkell et al. 2011, pp. 175–177; throughout the Pacific are specialized to snail locations within NPSA, but they Kessler 2011, pp. 320, 323). survive only on the native plants with

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which they have evolved (Cowie 2001, is and will continue to be a threat to Eua than 4,000 snails in several hours p. 219). Cowie (2001, p. 219) reported zebrina. (Hadfield 1986, p. 322). Repeated few observations of native snails, collections of hundreds to thousands of Conservation Efforts To Reduce Habitat including Eua zebrina, in disturbed individuals may have contributed to Destruction, Modification, or habitats on Tutuila. decline in these species by reduction of Curtailment of Its Range The native flora of the Samoan reproductive potential (removal of archipelago (plant species that were Several programs and partnerships to breeding adults) as well as by reduction present before humans arrived) address the threat of habitat of total numbers (Hadfield 1986, p. 327). consisted of approximately 550 taxa, 30 modification by nonnative plant species In the Hawaiian genus Achatinella, percent of which were endemic (species and feral pigs have been established and noted for its colorful variations, 22 that occur only in the American Samoa are ongoing within areas that provide species are now extinct and the and Samoa) (Whistler 2002, p. 8). An habitat for E. zebrina (see Factor A remaining 19 species endangered due in additional 250 plant species have been discussion for the mao). In addition, part to this original collection pressure intentionally or accidentally introduced approximately 2,533 ac (1,025 ha) of (Hadfield 1986, p. 320). and have become naturalized with 20 or forested habitat within the Tutuila Unit In the proposed rule, we erroneously more of these considered invasive or of the NPSA are protected and managed included ‘‘overutilization for scientific potentially invasive in American Samoa under a 50-year lease agreement with purposes’’ in our assessment of threats (Whistler 2002, p. 8; Space and Flynn the American Samoa Government and to Eua zebrina. We maintain that 2000, pp. 23–24). Of these multiple villages contributing to the collection for scientific purposes likely approximately 20 or more nonnative conservation of E. zebrina (NPSA Lease contributed to a reduction in the pest plant species, at least 10 have Agreement 1993). Although the habitat number of E. zebrina in the wild; altered or have the potential to alter the for E. zebrina within the national park however, we recognize that at the time habitat of the species listed in this final is protected from large-scale land- the majority of collections were made rule (Atkinson and Medeiros 2006, p. clearing, it is not protected from for scientific purposes, E. zebrina was 18; Craig 2009, pp. 94, 97–98; ASCC modification by feral pigs or invasive neither at risk of extinction nor did the 2010, p. 15). plants inside or outside of the park. numbers collected increase the risk of Nonnative plants can degrade native Summary of Factor A its extinction. habitat in Pacific island environments In American Samoa, thousands of In summary, based on the best by: (1) Modifying the availability of light partulid tree snail shells (mostly E. available scientific and commercial through alterations of the canopy zebrina) have been collected and used information, we consider the threats of structure; (2) altering soil–water for decorative purposes (e.g., destruction, modification, and regimes; (3) modifying nutrient cycling; chandeliers) (Cowie 1993, pp. 1, 9). In curtailment of the species habitat and (4) ultimately converting native- general, the collection of tree snails range to be ongoing threats to Eua dominated plant communities to persists to this day, and the market for zebrina. The decline of the native land nonnative plant communities; and (5) rare tree snails serves as an incentive to snails in American Samoa has resulted, increasing the frequency of landslides collect them. A recent search of the in part, from the loss of native habitat and erosion (Smith 1985, pp. 217–218; Internet found a Web site advertising to agriculture and development, Cuddihy and Stone, 1990, p. 74; Matson the sale of E. zebrina as well as three 1990, p. 245; D’Antonio and Vitousek disturbance by feral pigs, and the other Partulid species (Conchology, Inc. 1992, p. 73; Vitousek et al. 1997, pp. 6– establishment of nonnative plant 2015, in litt.). Based on the history of 9; Atkinson and Medeiros 2006, p. 16). species; these threats are ongoing, and collection of E. zebrina, the evidence of Nonnative plant species often exploit are likely exacerbated by impacts to its sale on the Internet, and the the disturbance caused by other factors native forest structure from hurricanes. vulnerability of the small remaining such as hurricanes, agriculture and While there are some efforts to address populations of this species, we consider development, and feral ungulates, and these impacts, such as establishment of over-collection for commercial and thus, in combination reinforce or the NPSA, they do not address habitat recreational purposes to be a threat to exacerbate their negative impacts to degradation and destruction by the continued existence of E. zebrina. native habitats. Although the areas nonnative mammals and plants where When this final listing becomes effective within the National Park of American the snail occurs to the extent that listing (see DATES, above), research and Samoa on the islands of Tutuila, Ofu, is not warranted. All of the above collection of this species will be and Tau contain many areas that are threats are ongoing and interact to regulated through permits issued under relatively free of human disturbance and exacerbate the negative impacts and section 10(a)(1)(A) of the Act. nonnative plant invasion and largely increase the vulnerability of extinction represent pre-contact vegetation, the of E. zebrina. Factor C: Disease or Predation threat of invasion and further spread by nonnative plant species poses immense Factor B: Overutilization for Disease cause for concern (Space and Flynn Commercial, Recreational, Scientific, or We are not aware of any threats to Eua 2000, pp. 23–24; Craig 2009, pp. 94, 96– Educational Purposes zebrina that would be attributable to 98; Atkinson and Medeiros 2006, p. 17; Tree snails can be found around the disease. ASCC 2010, p. 22; ASCC 2010, p. 15). world in tropical and subtropical For brief descriptions of the nonnative regions and have been valued as Predation by Nonnative Snails plants that impose the greatest negative collectibles for centuries. For example, At present, the major existing threat to impacts to the native habitats in the endemic Hawaiian tree snails within long-term survival of the native snail American Samoa, please refer to the the family Achatinellidae were fauna in American Samoa is predation proposed rule (80 FR 61568; October 13, extensively collected for scientific and by the nonnative rosy wolf snail, the 2015). In summary, based on the recreational purposes by Europeans in most commonly recommended habitat-modifying impacts of nonnative the 18th to early 20th centuries biological control agent of the giant plant species, habitat destruction and (Hadfield 1986, p. 322). During the African snail (Achatina fulica), which modification by nonnative plant species 1800s, collectors sometimes took more also is an invasive nonnative species in

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American Samoa. In 1980, the rosy wolf the decline of native snail species in the The New Guinea flatworm has snail was released on Tutuila to control region (Cowie and Cook 1999, p. 46). contributed to the decline of native tree the giant African snail (Lai and Gonaxis kibweziensis was introduced on snails due to its ability to ascend into Nakahara 1980 as cited in Miller 1993, Tutuila in American Samoa in 1977 trees and bushes (Sugiura and Yamaura p. 9). By 1984, the rosy wolf snail was (Eldredge 1988, p. 122). This species has 2009, p. 741). Although mostly ground- considered to be well established on been reported only from Tutuila (Miller dwelling, the New Guinea flatworm has Tutuila, having reached the mountains 1993, p. 9, Cowie and Cook 1999, p. 36) also been observed to climb trees and (Eldredge 1988, pp. 122, 124–125), and and is not as common as the rosy wolf feed on partulid tree snails (Hopper and by 2001 was reported as widespread snail (Miller 1993, p. 11). However, the Smith 1992, p. 82). Areas with within the National Park of American two other predatory snails have been populations of the flatworm usually lack Samoa on Tutuila (Cowie and Cook recorded on the Manua Islands: S. partulid tree snails or have declining 2001, pp. 156–157). While there are no musaecola from Tutuila, Tau, and Ofu; numbers of snails (Hopper and Smith records of introduction of the rosy wolf and G. bicolor on Ofu (Cowie and Cook 1992, p. 82). Because E. zebrina feeds on snail to the Manua Islands (Ofu, 1999, pp. 36–37). the ground as well as in shrubs and Olosega, and Tau), this species has been The potential impacts of these two trees, it faces increased risk of predation reported on Tau (Miller 1993, p. 10). species on the native fauna are by the New Guinea flatworm (Cooke The absence of the rosy wolf snail on unknown; both are much smaller than 1928, p. 6). In summary, due to the the islands of Ofu and Olosega is the rosy wolf snail and G. kibweziensis presence of the New Guinea flatworm significant because E. zebrina is present and were rarely observed during surveys on Tutuila, and the high probability of on Ofu (Miller 1993, p. 10, Cowie and (Cowie and Cook 1999, pp. 36–37, 46). its accidental introduction to the islands Cook 2001, p. 143; Cowie et al. 2003, p. However, Solem (1975 as cited in Miller of Ofu and Olosega, predation by the 39). 1993, p. 16) speculated that S. New Guinea flatworm is a current threat Numerous studies show that the rosy musaecola might have a role in the to E. zebrina that will continue into the wolf snail feeds on endemic island further decline of native species, and future. snails and is a major agent in their Miller (1993, p. 16) considered that it declines and extinctions (Hadfield and ‘‘undoubtedly had a negative impact.’’ Predation by Rats Mountain 1981, p. 357; Howarth 1983, Despite the lack of current information Rats are likely responsible for the p. 240, 1985, p. 161, 1991, p. 489; Clarke on the abundance of G. kibweziensis, greatest number of animal extinctions et al. 1984, pp. 101–103; Hadfield 1986, but because of its predatory nature and on islands throughout the world, p. 327; Murray et al. 1988, pp. 150–153; the declining trend and small remaining including extinctions of various snail Hadfield et al. 1993, pp. 616–620; populations of E. zebrina, we consider species (Towns et al. 2006, p. 88). Rats Cowie 2001, p. 219). Live individuals of this species to be a threat to the are known to prey upon arboreal snails the rosy wolf snail have been observed continued existence E. zebrina. endemic to Pacific islands and can within meters of partulids on Tutuila, However, because of their previously devastate populations (Hadfield et al. including E. zebrina and Samoana observed low abundance and 1993, p. 621). Rat predation on tree conica (Miller 1993, p. 10). Shells of E. comparatively small size, and the lack snails has been observed on the zebrina and S. conica were found on the of specific information regarding their Hawaiian Islands of Lanai (Hobdy 1993, ground at several of the locations impacts to E. zebrina, we do not p. 208; Hadfield 2005, in litt, p. 4), surveyed on Tutuila, along with consider predation by G. bicolor or S. Molokai (Hadfield and Saufler 2009, p. numerous shells and an occasional live musaecola to be a threat to the 1,595), and Maui (Hadfield 2006, in individual of the rosy wolf snail (Miller continued existence of E. zebrina. In litt.). Three species of rats are present in 1993, pp. 13, 23–28). The population of summary, predation by the nonnative American Samoa: The Polynesian rat, E. zebrina on Nuusetoga Island, a small rosy wolf snail and Gonaxis probably introduced by early Polynesian islet off the north shore of Tutuila, was kibweziensis is a current threat to E. colonizers, and Norway and black rats, probably isolated from an ancestral zebrina and will continue into the both introduced subsequent to western parent population on Tutuila in future. contact (Atkinson 1985, p. 38; Cowie prehistoric time (Miller 1993, p. 13). No and Cook 1999, p. 47; DMWR 2006, p. Predation by the New Guinea or Snail- live rosy wolf snails were found on this 22). Polynesian and Norway rats are Eating Flatworm offshore islet in 1992, and E. zebrina on considered abundant in American the islet were deemed safe from Predation by the nonnative New Samoa, but insufficient data exist on the predatory snails at that time (Miller Guinea or snail-eating flatworm populations of black rats (DMWR 2006, 1993, p. 13). Due to the widespread (Platydemus manokwari) is a threat to E. p. 22). presence of the rosy wolf snail on zebrina. The extinction of native land Evidence of predation by rats on E. Tutuila and the high probability of its snails on several Pacific Islands has zebrina was observed at several unintentional introduction into been attributed to this terrestrial locations on Tutuila (Miller 1993, pp. additional areas within the range of E. flatworm, native to western New Guinea 13, 16). Shells of E. zebrina were zebrina, predation by the rosy wolf snail (Ohbayashi et al. 2007, p. 483; Sugiura damaged in a fashion that is typical of is a current threat to E. zebrina that will 2010, p. 1,499). The New Guinea rat predation; the shell is missing a large continue into the future. flatworm was released in an piece of the body whorl or the apex Predation by several other nonnative unsanctioned effort to control the giant (Miller 1993, p. 13). Old shells may be carnivorous snails, Gonaxis African snail (Achatina fulica) in Samoa weathered in a similar fashion, except kibweziensis, Streptostele musaecola, in the 1990s (Cowie and Cook 1999, p. that the fracture lines are not sharp and and Gulella bicolor, has been suggested 47). In 2002, this species was likely angular. Frequent evidence of predation as a potential threat to Eua zebrina and present within the Samoan archipelago by rats was also observed on native land other native land snails. Species of but was not yet introduced to American snails during subsequent surveys Gonaxis, also widely introduced in the Samoa (Cowie 2002, p. 18). However, by (Cowie and Cook 1999, p. 47). In Pacific in attempts to control the giant 2004, this predatory flatworm had been summary, based on the presence of rats African snail, have been implicated, found on the islands of Tutuila and Tau on Tutuila and Ofu, evidence of though less strongly, in contributing to (Craig 2009, p. 84). predation, and the effects of rats on

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native land snail populations, predation ASCA, title 24, chapter 06 (Quarantine), zebrina (see Factor D for the Pacific by rats is a threat to E. zebrina and is the director of DOA has the authority to sheath-tailed bat for further details). likely to continue to be a threat in the promulgate agriculture quarantine Summary of Factor D future. restrictions concerning animals. These laws may provide some protection In summary, existing Territorial laws Conservation Efforts To Reduce Disease and regulatory mechanisms have the or Predation against the introduction of new nonnative species that may have potential to offer some level of We are unaware of any conservation negative effects on E. zebrina’s habitat protection for E. zebrina and its habitat actions planned or implemented at this or become predators of the species, but but are not currently implemented in a time to abate the threats of predation by these regulations do not require any manner that would do so. The DMWR rats, nonnative snails, or flatworms to E. measures to control invasive nonnative has not exercised its statutory authority zebrina. plants or animals that already are to address threats to E. zebrina such as Summary of Factor C established and proving harmful to predation by nonnative predators, and native species and their habitats the species is not listed pursuant to the In summary, based on the best (DMWR 2006, p. 80) (see Factor D for Territorial Endangered Species Act. available scientific and commercial the Pacific sheath-tailed bat, above). The Coastal Management Act and its information, we consider predation by As described above, the Territorial implementing regulations have the the rosy wolf snail, Gonaxis Coastal Management Act establishes a potential to address the threat of habitat kibweziensis, New Guinea flatworm, land use permit (LUP) system for loss to deforestation more substantively, and rats to be a threat to E. zebrina that development projects and a Project but in practice do not appear to do so. will continue in the future. Notification Review System (PNRS) for Based on the best available information, Factor D: The Inadequacy of Existing multi-agency review and approval of some existing regulatory mechanisms Regulatory Mechanisms LUP applications (ASAC § 26.0206). The have the potential to offer some protection of E. zebrina and its habitat, No existing Federal laws, treaties, or standards and criteria for review of LUP but their implementation does not regulations specify protection of E. applications include requirements to reduce or remove threats to the species zebrina’s habitat from the threat of protect Special Management Areas such as habitat destruction or deforestation, or address the threat of (SMA), Unique Areas, and ‘‘critical modification or predation by nonnative predation by nonnative species such as habitats’’ (ASCA § 24.0501 et. seq.). To species. For these reasons, we conclude rats, the rosy wolf snail, and the New date, all of the SMAs that have been that existing regulatory mechanisms do Guinea flatworm. Some existing designated (Pago Pago Harbor, Leone not address the threats to E. zebrina. Territorial laws and regulations have the Pala, and Nuuuli Pala; ASAC § 26.0221) potential to afford E. zebrina some are in coastal and mangrove habitats on Factor E: Other Natural or Manmade protection, but their implementation the south shore of Tutuila and do not Factors Affecting Its Continued does not achieve that result. The DMWR provide habitat for E. zebrina. The only Existence is given statutory authority to ‘‘manage, Unique Area designated to date is the Hurricanes protect, preserve, and perpetuate marine Ottoville Rainforest (American Samoa and wildlife resources’’ and to Coastal Management Program 2011, p. Hurricanes are a common natural promulgate rules and regulations to that 52), also on Tutuila’s south shore, disturbance in the tropical Pacific and end (ASCA, title 24, chapter 3). This which could provide habitat for E. have occurred in American Samoa with agency conducts monitoring surveys, zebrina, but it is a relatively small varying frequency and intensity (see conservation activities, and community island of native forest in the middle of Factor E discussion for the Pacific outreach and education about the heavily developed Tafuna Plain sheath-tailed bat). Hurricanes may conservation concerns. However, to our (Trail 1993, p. 4), and we do not have adversely impact the habitat of E. knowledge, the DMWR has not used this any information that the species occurs zebrina by destroying vegetation, authority to undertake conservation there. opening the canopy, and thus modifying efforts for E. zebrina such as habitat These laws and regulations are the availability of light and moisture, protection and control of nonnative designed to ensure that ‘‘environmental and creating disturbed areas conducive molluscs and rats (DMWR 2006, pp. 79– concerns are given appropriate to invasion by nonnative plant species 80). consideration,’’ and include provisions (Elmqvist et al. 1994, p. 387; Asner and The Territorial Endangered Species and requirements that could address to Goldstein 1997, p. 148; Harrington et al. Act provides for appointment of a some degree threats to native forest 1997, pp. 539–540; Lugo 2008, pp. 373– Commission with the authority to habitat required by E. zebrina on 375, 386). Such impacts destroy or nominate species as either endangered Tutuila and Ofu, even though modify habitat elements (e.g., stem, or threatened (ASCA, title 24, chapter individual species are not named branch, and leaf surfaces, undisturbed 7). Regulations adopted under the (ASAC § 26.0202 et seq.). Because the ground, and leaf litter) required to meet Coastal Management Act (ASCA implementation of these regulations has the snails’ basic life-history § 24.0501 et seq.) also prohibit the been minimal and review of permits is requirements. In addition, high winds taking of threatened or endangered not rigorous, issuance of permits may and intense rains from hurricanes can species (ASAC § 26.0220.I.c). However, not provide the habitat protection also dislodge individual snails from the the ASG has not listed E. zebrina as necessary to provide for the leaves and branches of their host plants threatened or endangered, so these conservation of E. zebrina, and land- and deposit them on the forest floor regulatory mechanisms do not provide clearing for agriculture and where they may be crushed by falling protection for this species. development have continued to impact vegetation or exposed to predation by Under ASCA, title 24, chapter 08 the species (DMWR 2006, p. 71). We nonnative rats and snails (see ‘‘Disease (Noxious Weeds), the Territorial DOA conclude that the implementation of the or Predation,’’ above) (Hadfield 2011, has the authority to ban, confiscate, and Coastal Management Act and its PNRS pers. comm.). destroy species of plants harmful to the does not address the threat of habitat The negative impact on E. zebrina agricultural economy. Similarly, under destruction and degradation to E. caused by hurricanes was strongly

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suggested by surveys that failed to threats such as those described above of climate change to E. zebrina, detect any snails in areas bordering for E. zebrina. Small, isolated increased ambient temperature and agricultural plots or in forest areas that populations that are diminished by precipitation and increased severity of were severely damaged by three habitat loss, predation, and other threats hurricanes will likely exacerbate other hurricanes (1987, 1990, and 1991) can exhibit reduced levels of genetic threats to this species as well as provide (Miller 1993, p. 16). Under natural variability, which can diminish the additional stresses on its habitat. The conditions, loss of forest canopy to species’ capacity to adapt to probability of species extinction as a hurricanes did not pose a great threat to environmental changes, thereby result of climate change impacts the long-term survival of these snails increasing the risk of inbreeding increases when its range is restricted, because there was enough intact forest depression and reducing the probability habitat decreases, and numbers of with healthy populations of snails that of long-term persistence (Shaffer 1981, populations decline (IPCC 2007, p. 48). would support dispersal back into p. 131; Gilpin and Soule´ 1986, pp. 24– Eua zebrina is limited by its restricted newly regrown canopy forest. Similarly, 34; Pimm et al. 1988, p. 757). The range in small areas on two islands and forest damage may only be temporary problems associated with small small total population size. Therefore, and limited to defoliation or minor occurrence size and vulnerability to we expect this species to be particularly canopy damage, and vary depending on random demographic fluctuations or vulnerable to environmental impacts of the aspect of forested areas in relation natural catastrophes are further climate change and subsequent impacts to the direction of approaching storms magnified by interactions with other to its habitat. Although we cannot (Pierson et al. 1992, pp. 15–16). In threats, such as those discussed above predict the timing, extent, or magnitude general, forests in American Samoa, (see Factor A, Factor B, and Factor C, of specific impacts, we do expect the having evolved with the periodic above). effects of climate change to exacerbate disturbance regime of hurricanes, show We consider E. zebrina vulnerable to the current threats to this species, such remarkable abilities for regeneration and extinction because of threats associated as habitat loss and degradation. recovery, apart from catastrophic events with low numbers of individuals and Conservation Efforts to Reduce Other (Webb et al. 2011, pp. 1,248–1,249). low numbers of populations. This Nevertheless, the destruction of native species has suffered a serious decline Natural or Manmade Factors Affecting vegetation and forest canopy, and and is limited by its slow reproduction Its Continued Existence modification of light and moisture and growth (Cowie and Cook 1999, p. We are unaware of any conservation conditions both during and in the 31). Threats to E. zebrina include: actions planned or implemented at this months and possibly years following habitat destruction and modification by time to abate the threats of hurricanes, hurricanes, can negatively impact the hurricanes, agriculture and low numbers of individuals, and effects populations of E. zebrina. In addition, development, nonnative plant species of climate change that negatively affect today, the impacts of habitat loss and and feral pigs; collection and E. zebrina. degradation caused by other factors overutilization; and predation by the Synergistic Effects such as nonnative plant species (see rosy wolf snail, Gonaxis kibweziensis, ‘‘Habitat Destruction and Modification and the New Guinea flatworm. The In our analysis of the five factors, we by Nonnative Plant Species’’ above), effects of these threats are compounded found that the snail Eua zebrina is likely agriculture and urban development (see by the current low number of to be affected by loss of forest habitat, ‘‘Habitat Destruction and Modification individuals and populations of E. overcollection for commercial purposes, by Agriculture and Development’’ zebrina. predation by nonnative snails, above) and feral pigs (see ‘‘Habitat flatworms, and rats, and the Effects of Climate Change Destruction and Modification by Feral vulnerability of its small, isolated Pigs’’), are exacerbated by hurricanes. Our analyses under the Act include populations to chance demographic and As snail populations decline and consideration of ongoing and projected environmental occurrences. We also become increasingly isolated, future changes in climate (see Factor E identify climate change effects as hurricanes are more likely to lead to the discussion for the Pacific sheath-tailed another source of risk to the species loss of populations or the extinction of bat). The magnitude and intensity of the because increased ambient temperature species such as this one that rely on the impacts of global climate change and and storm severity resulting from remaining canopy forest. Therefore, we increasing temperatures on western climate change are likely to exacerbate consider the threat of hurricanes to be tropical Pacific island ecosystems other direct threats to E. zebrina in a factor in the continued existence of E. currently are unknown. In addition, American Samoa, and in particular zebrina. there are no climate change studies that place additional stress on its habitat; address impacts to the specific habitats these effects of climate change are Low Numbers of Individuals and of E. zebrina. The scientific assessment projected to increase in the future. Populations completed by the Pacific Science Multiple stressors acting in combination Species that undergo significant Climate Science Program (Australian have greater potential to affect E. habitat loss and degradation and other BOM and CSIRO 2011, Vol. 1 and Vol. zebrina than each factor alone. For threats resulting in decline and range 2) provides general projections or trends example, projected warmer reduction are inherently highly for predicted changes in climate and temperatures may enhance reproduction vulnerable to extinction resulting from associated changes in ambient in nonnative predatory snails and localized catastrophes such as severe temperature, precipitation, hurricanes, flatworms or the spread of nonnative storms or disease outbreaks, climate and sea level rise for countries in the invasive plants. The combined effects of change effects, and demographic western tropical Pacific region environmental, demographic, and stochasticity (Gilpin and Soule´ 1986, including Samoa (used as a proxy for catastrophic-event stressors, especially pp. 24–34; Pimm et al. 1988, p. 757; American Samoa) (see Factor E on small populations, can lead to a Mangel and Tier 1994, p. 607). discussion for the Pacific sheath-tailed decline that is unrecoverable and results Conditions leading to this level of bat for additional discussion). in extinction (Brook et al. 2008, pp. vulnerability are easily reached by Although we do not have specific 457–458). The impacts of any one of the island species that face numerous information on the impacts of the effects stressors described above might be

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sustained by a species with larger, more immediacy of the ongoing and projected concave to cone-shaped, with broad, resilient populations, but in threats described above. The imminent irregular spirals from center to edge combination, habitat loss, predation, threats of habitat loss and degradation, (Girardi 1978, pp. 198, 213, 222–224). small-population risks, and climate predation by nonnative snails and True radial patterning is seldom found change have the potential to rapidly flatworms, the small number of on the upper shell surface, and never on affect the size, growth rate, and genetic individuals, limited distribution, the the ventral surface, which is usually integrity of a species like E. zebrina that effects of small population size, and entirely smooth (Girardi 1978, p. 223). persists as small, disjunct populations. stochastic events such as hurricanes Ostodes strigatus is found on the Thus, the synergy among factors may render this species in its entirety highly ground in rocky areas under relatively result in greater impacts to the species susceptible to extinction; for this reason, closed canopy with sparse understory than any one stressor by itself. we find that threatened species status is plant coverage at elevations below 1,280 not appropriate for Eua zebrina. ft (390 m) (Girardi 1978, p. 224; Miller Determination for Eua zebrina Therefore, on the basis of the best 1993, pp. 13, 15, 23, 24, 27). Moisture We have carefully assessed the best available scientific and commercial supply is the principal environmental scientific and commercial information information, we are listing Eua zebrina influence on Ostodes land snails available regarding the past, present, as endangered in accordance with (Girardi 1978, p. 245). The degree of and future threats to E. zebrina. This sections 3(6) and 4(a)(1) of the Act. moisture retention is controlled endemic partulid tree snail restricted to Under the Act and our implementing primarily by vegetation cover, with the islands of Tutuila and Ofu in regulations, a species may warrant heavy forest retaining moisture at American Samoa has declined listing if it is in danger of extinction or ground level longer than open forest or dramatically in abundance and is likely to become so throughout all or a cleared areas (Girardi 1978, p. 245). expected to continue along this significant portion of its range. Because Ostodes species were collected only declining trend in the future. we have determined that the snail E. in areas with heavy tree cover (Solem The threat of habitat destruction and zebrina is endangered throughout all of pers. comm. in Girardi 1978, p. 245), but modification from agriculture and its range, no portion of its range can be the relative importance of rainfall and development, nonnative plant species, ‘‘significant’’ for purposes of the soil type in maintaining moisture and feral pigs is occurring throughout definitions of ‘‘endangered species’’ and supply was not assessed in these areas the range of E. zebrina and is not likely ‘‘threatened species.’’ See the Final (Girardi 1978, p. 245). Nevertheless, to be reduced in the future (Factor A). Policy on Interpretation of the Phrase relatively closed canopy or heavy tree The threat of overutilization for ‘‘Significant Portion of Its Range’’ in the cover and their roles in maintaining commercial and recreational purposes Endangered Species Act’s Definitions of moisture supply appears to be an has likely contributed to the historical ‘‘Endangered Species’’ and ‘‘Threatened important habitat factor for O. strigatus. decline of E. zebrina, is a current threat Species’’ (79 FR 37577, July 1, 2014). Although the biology of the genus to the species, and is likely to continue Ostodes is not well studied, and, into the future (Factor B). The threat of Ostodes strigatus therefore, the exact diet is unknown, it predation from nonnative snails, a Ostodes strigatus, a light tan- to is highly probable that O. strigatus feeds nonnative predatory flatworm, and rats cream-colored tropical ground-dwelling at least in part on decaying leaf litter is of the highest magnitude, and likely snail in the family Poteriidae, is and fungus (Girardi 1978, p. 242; Miller to continue in the future (Factor C). endemic to the island of Tutuila in 2014, pers. comm.). The approximate Additionally, the low numbers of American Samoa (Girardi 1978, pp. 193, age at which these snails reach full individuals and populations of E. 214; Miller 1993, p. 7). Ostodes strigatus sexual maturity is unknown (Girardi zebrina are likely to continue (Factor E), is a member of the superfamily 1978, p. 194). Once they reach maturity and these small isolated populations and the family and can successfully reproduce, it is face increased risk of extinction from Poteriidae (= ) (Cowie likely adult snails deposit their eggs into stochastic events such as hurricanes. 1998, p. 24; Girardi 1978, p. 192; Vaught leaf litter where they develop and hatch. Small population threats are 1989, p. 16; ITIS 2015c). The family Ostodes strigatus is known only from compounded by the threats of habitat Poteriidae consists of tropical land the western portion of the island of destruction and modification, snails throughout Central America, the Tutuila in American Samoa, including overutilization, predation, and northern end of South America, and the the center and southeast edge of the regulatory mechanisms that do not South Pacific. The genus Ostodes is central plateau, and the extreme address the threats to the species. These endemic to the Samoan archipelago southern coast and mountain slope near factors pose threats to E. zebrina (Girardi 1978, pp. 191, 242). The Pago Pago, with an elevation range of 60 whether we consider their effects defining characteristics of species to 390 m (197 to 1,280 ft) (Girardi 1978, individually or cumulatively. Current within the family Poteriidae include a p. 224; B. P. Bishop Museum 2015, in Territorial wildlife laws and pallium cavity (lung-like organ) and an litt.). conservation efforts do not address the operculum (a shell lid or ‘‘trap door’’ Until 1975, O. strigatus was threats to the species (Factor D), and used to close the shell aperture when considered widespread and common, these threats will continue in the future. the snail withdraws inward, most but has since declined significantly The Act defines an endangered commonly found in marine snails) (Miller 1993, p. 15; Cowie 2001, p. 215). species as any species that is ‘‘in danger (Girardi 1978, pp. 214, 222–224; Vaught In 1992, a survey of nine sites on of extinction throughout all or a 1989, p. 16; Barker 2001, pp. 15, 25). Tutuila reported several live individuals significant portion of its range’’ and a Ostodes strigatus has a white, (and abundant empty shells) from a threatened species as any species ‘‘that turbinate (depressed conical) shell with single site on the western end of the is likely to become endangered 4 to 5 whorls and distinctive parallel island (Maloata Valley) and only shells throughout all or a significant portion of ridges, reaching a size of 0.3 to 0.4 in (no live individuals) at three sites in the its range within the foreseeable future.’’ (7 to 11 mm) in height, 0.4 to 0.5 in (9 central part of the island (Miller 1993, We find that Eua zebrina is presently in to 12 mm) in diameter at maturity pp. 23–27). At each of the four sites danger of extinction throughout its (Girardi 1978, pp. 222–223; Abbott where live O. strigatus or empty shells entire range based on the severity and 1989, p. 43). Its operculum is acutely were found, the predatory rosy wolf

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snail was common or abundant (Miller approximately 2,533 ac (1,025 ha) of Predation by several other nonnative 1993, p. 23). In 1998, surveys within the forested habitat within the Tutuila Unit carnivorous snails, Gonaxis newly established National Park of of the NPSA are protected and managed kibweziensis, Streptostele musaecola, American Samoa (NPAS) on northern under a 50-year lease agreement with and Gulella bicolor, has been suggested Tutuila did not detect any live O. the American Samoa Government and as a potential threat to O. strigatus and strigatus or shells (Cowie and Cook multiple villages within a portion of the other native land snails (see Factor C 2001, pp. 143–159); however, Cowie range of O. strigatus (NPSA Lease discussion for Eua zebrina). Despite the and Cook (1999, p. 24) note that these Agreement 1993). Although some of the lack of current information on the areas were likely outside the range of O. habitat for O. strigatus is protected by abundance of G. kibweziensis, but strigatus. We are unaware of any the NPSA lease agreement from large- because of its predatory nature and the surveys conducted for this species since scale land-clearing, the national park documented decline and lack of recent 1998; however, local field biologists that designation does not protect this sightings of O. strigatus, we consider the frequent the forest above Maloata Valley species’ habitat outside the park, or predation by G. kibweziensis to be a for other biological field work report protect habitat inside or outside the threat to O. strigatus. Because of their they have not seen O. strigatus (Miles park from degradation or destruction by previously observed low abundance, feral pigs or invasive nonnative plants. 2015c, in litt.). Observations of live comparatively small size, and lack of individuals at a single location on Factor B: Overutilization for specific information regarding impacts western Tutuila more than 20 years ago Commercial, Recreational, Scientific, or to O. strigatus, we do not consider suggest that this species has undergone Educational Purposes predation by G. bicolor or S. musaecola a significant reduction in its range and numbers (Miller 1993, pp. 15, 23–27; In the proposed rule, we erroneously as threats to O. strigatus that will Cowie 2001, p. 215). Live individuals or included ‘‘overutilization for scientific continue in the future. In summary, shells of O. strigatus have not been purposes’’ in our assessment of threats predation by the nonnative rosy wolf reported since 1992, and no systematic to Ostodes strigatus. We maintain that snail and Gonaxis kibweziensis is a surveys have been conducted for this collection for scientific purposes likely current threat to O. strigatus and will species since the late 1990s (Cowie and contributed to a reduction in the continue into the future. Cook 1999, p. 24; Miles 2015c, in litt.). number of O. strigatus in the wild; Predation by New Guinea or Snail- however, we recognize that at the time eating Flatworm Summary of Factors Affecting Ostodes the majority of collections were made strigatus for scientific purposes, O. strigatus was The nonnative New Guinea or snail- Factor A: The Present or Threatened neither at risk of extinction nor did the eating flatworm has been the cause of Destruction, Modification, or numbers collected increase the risk of decline and extinction of native land Curtailment of Its Habitat or Range its extinction. We have no evidence of snails (see Factor C discussion for Eua this species having been collected for The threats of nonnative plants, zebrina). This predatory flatworm is other purposes. In summary, based on agriculture and development, and feral found on Tutuila. The ground-dwelling the best available scientific and pigs negatively impact the habitat of habit of O. strigatus and its occurrence commercial information, we do not Ostodes strigatus in a manner similar to in the leaf litter places O. strigatus at a consider the overutilization for that described for Eua zebrina (see greater risk of exposure to the threat of commercial, recreational, scientific, or Factor A discussion for Eua zebrina predation by this terrestrial predator. educational purposes to be a current above). For the same reasons described Therefore, predation by P. manokwari is threat to O. strigatus. When this final in the Factor A discussion for E. considered a threat to O. strigatus that listing becomes effective (see DATES zebrina, we consider the threats of , will continue in the future. above), research and collection of this destruction, modification, and Predation by Rats curtailment of the species habitat and species will be regulated through range to be significant ongoing threats to permits issued under section 10(a)(1)(A) of the Act. Rats are known to prey upon endemic Ostodes strigatus. The decline of the land snails and can devastate native land snails in American Samoa Factor C: Disease or Predation populations (see Factor C discussion for has resulted, in part, from the loss of Disease Eua zebrina). Three rat species are native habitat to agriculture and present in American Samoa, and development, impacts to native forest We are not aware of any threats to frequent evidence of predation by rats structure from hurricanes, the Ostodes strigatus that would be on the shells of native land snails was establishment of nonnative plant attributable to disease. reported during surveys (Miller 1993, p. species, and disturbance by feral pigs; Predation by Nonnative Snails 16; Cowie and Cook 2001; p. 47). Based these threats are ongoing and interact to on the presence of rats on Tutuila and The nonnative rosy wolf snail is exacerbate negative impacts and evidence that they prey on native snails, widespread on Tutuila and has been increase the vulnerability of extinction the threat of predation by rats is likely shown to contribute to the decline and of O. strigatus. to continue and is a significant factor in extinction of native land snails (see Conservation Efforts To Reduce Habitat Factor C discussion for Eua zebrina). the continued existence of Ostodes Destruction, Modification, or Several live individuals and numerous strigatus that will continue in the future. Curtailment of Its Range shells of the rosy wolf snail were found Conservation Efforts to Reduce Disease Several programs and partnerships to in the same sites in which live or Predation address the threat of habitat individuals (one site) and numerous modification by nonnative plant species shells (three sites) of O. strigatus were We are unaware of any conservation and feral pigs have been established and found (Miller 1993, pp. 23–27). Due to actions planned or implemented at this are ongoing within areas that provide its widespread presence on Tutuila, time to abate the threats of predation by habitat for O. strigatus (see Factor A predation by the rosy wolf snail is rats, nonnative snails, or flatworms to O. discussion for the mao). In addition, considered a threat to O. strigatus. strigatus.

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Summary of Factor C are established and proving harmful to predation by nonnative predators; the In summary, based on the best native species and their habitats species is not listed pursuant to the available scientific and commercial (DMWR 2006, p. 80) (see Factor D for Territorial Endangered Species Act; and information, we consider predation by the Pacific sheath-tailed bat, above). the Coastal Management Act and its As described above, the Territorial the rosy wolf snail, Gonaxis implementing regulations have the Coastal Management Act establishes a kibweziensis, the New Guinea flatworm, potential to address the threat of habitat land use permit (LUP) system for and rats to be a threat to O. strigatus that loss to deforestation more substantively, development projects and a Project will continue in the future. but this law is inadequately Notification Review System (PNRS) for implemented. Based on the best Factor D: The Inadequacy of Existing multi-agency review and approval of available information, some existing Regulatory Mechanisms LUP applications (ASAC § 26.0206). The regulatory mechanisms have the No existing Federal laws, treaties, or standards and criteria for review of LUP potential to offer some protection of O. regulations specify protection of the applications include requirements to strigatus and its habitat, but their habitat of O. strigatus from the threat of protect Special Management Areas implementation does not reduce or (SMA), Unique Areas, and ‘‘critical deforestation, or address the threat of remove threats to the species such as habitats’’ (ASCA § 24.0501 et. seq.). To predation by nonnative species such as habitat destruction or modification or date, all of the SMAs that have been rats, the rosy wolf snail, and the New predation by nonnative species. For designated (Pago Pago Harbor, Leone Guinea flatworm. Some existing these reasons, we conclude that existing Pala, and Nuuuli Pala; ASAC § 26.0221) Territorial laws and regulations have the regulatory mechanisms do not address are in coastal and mangrove habitats on potential to afford O. strigatus some the threats to O. strigatus. the south shore of Tutuila and do not protection, but their implementation provide habitat for O. strigatus, which is Factor E: Other Natural or Manmade does not achieve that result. The DMWR known only from the interior western Factors Affecting Its Continued is given statutory authority to ‘‘manage, portion of the island. The only Unique Existence protect, preserve, and perpetuate marine Area designated to date is the Ottoville and wildlife resources’’ and to Low Numbers of Individuals and Rainforest (American Samoa Coastal Populations promulgate rules and regulations to that Management Program 2011, p. 52), also end (ASCA, title 24, chapter 3). This on Tutuila’s south shore, which could Species with low numbers of agency conducts monitoring surveys, possibly provide habitat for O. strigatus, individuals, restricted distributions, and conservation activities, and community but it is a relatively small island of small, isolated populations are often outreach and education about native forest in the middle of the more susceptible to extinction as a conservation concerns. However, to our heavily developed Tafuna Plain (Trail result of reduced levels of genetic knowledge, the DMWR has not used this 1993, p. 4), far from the areas where O. variation, inbreeding depression, authority to undertake conservation strigatus has been recorded. reproduced reproductive vigor, random efforts for O. strigatus such as habitat These laws and regulations are demographic fluctuations, and natural protection and control of nonnative designed to ensure that ‘‘environmental catastrophes such as hurricanes (see molluscs and rats (DMWR 2006, pp. 79– concerns are given appropriate Factor E discussion for Eua zebrina, 80). consideration’’ and include provisions above). The problems associated with The Territorial Endangered Species and requirements that could address to small occurrence size and vulnerability Act provides for appointment of a some degree threats to native forest to random demographic fluctuations or Commission with the authority to habitat required by O. strigatus, even natural catastrophes such as severe nominate species as either endangered though individual species are not storms or hurricanes are further or threatened (ASCA, title 24, chapter named (ASAC § 26.0202 et seq.). magnified by interactions with other 7). Regulations adopted under the Because the implementation of these threats, such as those discussed above Coastal Management Act (ASCA regulations has been minimal and (see Factor A, Factor B, and Factor C, § 24.0501 et seq.) also prohibit the review of permits is not rigorous, the above). taking of threatened or endangered permit system may not provide the We consider O. strigatus to be species (ASAC § 26.0220.I.c). However, habitat protection necessary to provide vulnerable to extinction due to impacts the ASG has not listed O. strigatus as for the conservation of O. strigatus and associated with low numbers of threatened or endangered, so these instead result in loss of native habitat individuals and low numbers of regulatory mechanisms do not provide important to this and other species as a populations because this species has protection for this species. result of land-clearing for agriculture suffered a serious decline in numbers Under ASCA, title 24, chapter 08 and development (DMWR 2006, p. 71). and has not been observed in recent (Noxious Weeds), the Territorial DOA We conclude that the implementation of years (Miller 1993, pp. 23–27). Threats has the authority to ban, confiscate, and the Coastal Management Act and its to O. strigatus include: Habitat destroy species of plants harmful to the PNRS does not address the threat of destruction and modification by agricultural economy. Similarly, under habitat destruction and degradation to hurricanes, agriculture and ASCA, title 24, chapter 06 (Quarantine), O. strigatus (see Factor D for the Pacific development, nonnative plant species the director of DOA has the authority to sheath-tailed bat for further details). and feral pigs; and predation by the rosy promulgate agriculture quarantine wolf snail, Gonaxis kibweziensis, and restrictions concerning animals. These Summary of Factor D the New Guinea flatworm. The effects of laws may provide some protection In summary, existing Territorial laws these threats are compounded by the against the introduction of new and regulatory mechanisms have the current low number of individuals and nonnative species that may have potential to offer some level of populations of O. strigatus. negative effects on the habitat of O. protection for O. strigatus and its habitat strigatus or become predators of the but are not currently implemented in a Effects of Climate Change species, but these regulations do not manner that would do so. The DMWR We do not have specific information require any measures to control invasive has not exercised its statutory authority on the impacts of the effects of climate nonnative plants or animals that already to address threats to O. strigatus such as change to O. strigatus, and our

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evaluation of the impacts of climate in extinction (Brook et al. 2008, pp. flatworms, small number of individuals, change to this species is the same as that 457–458). The impacts of any one of the limited distribution, the effects of small for E. zebrina, above (and see Factor E stressors described above might be population size, and stochastic events discussion for the Pacific sheath-tailed sustained by a species with larger, more such as hurricanes render this species in bat). Increased ambient temperature and resilient populations, but in its entirety highly susceptible to precipitation and increased severity of combination habitat loss, predation, extinction as a consequence of these hurricanes would likely exacerbate small-population risks, and climate imminent threats; for this reason, we other threats to this species as well as change have the potential to rapidly find that a threatened species status is provide additional stresses on its affect the size, growth rate, and genetic not appropriate for O. strigatus. habitat. The probability of species integrity of a species like O. strigatus Therefore, on the basis of the best extinction as a result of climate change that persists as small, disjunct available scientific and commercial impacts increases when its range is populations. Thus, the synergy among information, we are listing Ostodes restricted, habitat decreases, and factors may result in greater impacts to strigatus as endangered in accordance numbers of populations decline (IPCC the species than any one stressor by with sections 3(6) and 4(a)(1) of the Act. 2007, p. 48). Ostodes strigatus is limited itself. Under the Act and our implementing by its restricted range in one portion of regulations, a species may warrant Determination for Ostodes strigatus Tutuila and small population size. listing if it is endangered or threatened Therefore, we expect this species to be We have carefully assessed the best throughout all or a significant portion of particularly vulnerable to scientific and commercial information its range. Because we have determined environmental impacts of climate available regarding the past, present, that the snail O. strigatus is endangered change and subsequent impacts to its and future threats to Ostodes strigatus. throughout all of its range, no portion of habitat. Although we cannot predict the Observations of live individuals at a its range can be ‘‘significant’’ for timing, extent, or magnitude of specific single location on western Tutuila more purposes of the definitions of impacts, we do expect the effects of than 20 years ago suggest that this ‘‘endangered species’’ and ‘‘threatened climate change to exacerbate the current species has undergone a significant species.’’ See the Final Policy on threats to these species, such as habitat reduction in its range and numbers. The Interpretation of the Phrase ‘‘Significant loss and degradation. threat of habitat destruction and Portion of Its Range’’ in the Endangered modification from agriculture and Species Act’s Definitions of Conservation Efforts to Reduce Other development, hurricanes, nonnative ‘‘Endangered Species’’ and ‘‘Threatened Natural or Manmade Factors Affecting plant species, and feral pigs is occurring Species’’ (79 FR 37577, July 1, 2014). Its Continued Existence throughout the range of O. strigatus and We are unaware of any conservation is not likely to be reduced in the future. Available Conservation Measures actions planned or implemented at this The impacts from these threats are Conservation measures provided to time to abate the threats of hurricanes, cumulatively of high magnitude (Factor species listed as endangered or low numbers of individuals, and the A). The threat of predation from threatened under the Act include effects of climate change that negatively nonnative snails, rats, and the nonnative recognition, recovery actions, impact O. strigatus. predatory flatworm is of the highest requirements for Federal protection, and magnitude, and likely to continue in the prohibitions against certain practices. Synergistic Effects future (Factor C). Additionally, the low Recognition through listing creates In our analysis of the five factors, we numbers of individuals and populations public awareness and can stimulate found that the snail Ostodes strigatus is of O. strigatus, i.e., the possible conservation by Federal, Territorial, and likely to be affected by loss of forest occurrence of this species restricted to local agencies, private organizations, habitat, predation by nonnative snails, a single locality where it was observed and individuals. The Act encourages flatworms, and rats, and the more than 20 years ago, is likely to cooperation with the States and vulnerability of its small, isolated continue (Factor E) and is compounded Territories and requires that recovery populations to chance demographic and by the threats of habitat destruction and actions be carried out for all listed environmental occurrences. We also modification and predation. These species. The protection required by identify climate change as another factors pose threats to O. strigatus Federal agencies and the prohibitions source of risk to the species because whether we consider their effects against certain activities are discussed, increased ambient temperature and individually or cumulatively. Current in part, below. storm severity resulting from climate Territorial wildlife laws and The primary purpose of the Act is the change are likely to exacerbate other, conservation efforts do not address the conservation of endangered and direct threats to O. strigatus in threats to the species (Factor D), and threatened species and the ecosystems American Samoa, and in particular these threats will continue in the future. upon which they depend. The ultimate place additional stress on its habitat; The Act defines an endangered goal of such conservation efforts is the these effects of climate change are species as any species that is ‘‘in danger recovery of these listed species, so that projected to increase in the future. of extinction throughout all or a they no longer need the protective Multiple stressors acting in combination significant portion of its range’’ and a measures of the Act. Subsection 4(f) of have greater potential to affect O. threatened species as any species ‘‘that the Act requires the Service to develop strigatus than each factor alone. For is likely to become endangered and implement recovery plans for the example, projected warmer throughout all or a significant portion of conservation of endangered and temperatures may enhance reproduction its range within the foreseeable future.’’ threatened species. The recovery in nonnative predatory snails and We find that Ostodes strigatus is planning process involves the flatworms or the spread of nonnative presently in danger of extinction identification of actions that are invasive plants. The combined effects of throughout its entire range based on the necessary to halt or reverse the species’ environmental, demographic, and severity and immediacy of the ongoing decline by addressing the threats to its catastrophic-event stressors, especially and projected threats described above. survival and recovery. The goal of this on small populations, can lead to a The loss and degradation of its habitat, process is to restore listed species to a decline that is unrecoverable and results predation by nonnative snails and point where they are secure, self-

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sustaining, and functioning components species recovery can be found at: http:// interstate or foreign commerce, by any of their ecosystems. www.fws.gov/grants. means whatsoever and in the course of Recovery planning includes the Please let us know if you are commercial activity, any such species; development of a recovery outline interested in participating in recovery or sell or offer for sale in interstate or shortly after a species is listed followed efforts for these species. Additionally, foreign commerce any such species. In by preparation of a draft and final we invite you to submit any new addition, prohibitions of section 9(a)(1) recovery plan. The recovery outline information on these species whenever of the Act make it unlawful to possess, guides the immediate implementation of it becomes available and any sell, deliver, carry, transport, or ship, by urgent recovery actions and describes information you may have for recovery any means whatsoever, any such species the process to be used to develop a planning purposes (see FOR FURTHER taken in violation of the Act. Certain recovery plan. Revisions of the plan INFORMATION CONTACT). exceptions apply to agents of the may be done to address continuing or Section 7(a) of the Act requires Service and State conservation agencies. new threats to the species, as new Federal agencies to evaluate their We may issue permits to carry out substantive information becomes actions with respect to any species that otherwise prohibited activities available. The recovery plan identifies is proposed or listed as an endangered involving endangered and threatened site-specific management actions that or threatened species and with respect wildlife species under certain set a trigger for review of the five factors to its critical habitat, if any is circumstances. Regulations governing that control whether a species remains designated. Regulations implementing permits are codified at 50 CFR 17.22 for endangered or may be downlisted or this interagency cooperation provision endangered species. With regard to delisted, and methods for monitoring of the Act are codified at 50 CFR part endangered wildlife, a permit may be recovery progress. Recovery plans also 402. Section 7(a)(4) of the Act requires issued for the following purposes: for establish a framework for agencies to Federal agencies to confer with the scientific purposes, to enhance the coordinate their recovery efforts and Service on any action that is likely to propagation or survival of the species, provide estimates of the cost of jeopardize the continued existence of a or for incidental take in connection with implementing recovery tasks. Recovery species proposed for listing or result in otherwise lawful activities. Requests for destruction or adverse modification of teams (composed of species experts, copies of the regulations regarding listed proposed critical habitat. If a species is Federal and State or Territorial agencies, species and inquiries about prohibitions listed subsequently, section 7(a)(2) of nongovernmental organizations, and and permits may be addressed to U.S. the Act requires Federal agencies to stakeholders) are often established to Fish and Wildlife Service, Pacific ensure that activities they authorize, develop recovery plans. When Region, Ecological Services, Eastside fund, or carry out are not likely to completed, the recovery outline, draft Federal Complex, 911 NE. 11th Avenue, jeopardize the continued existence of recovery plan, and the final recovery Portland, OR 97232–4181 (telephone the species or destroy or adversely 503–231–6131; facsimile 503–231– plan will be available on our Web site modify its critical habitat. If a Federal 6243). (http://www.fws.gov/endangered), or action may affect a listed species or its It is our policy, as published in the FOR from our Pacific Islands Office (see critical habitat, the responsible Federal Federal Register on July 1, 1994 (59 FR FURTHER INFORMATION CONTACT). agency must enter into consultation 34272), to identify to the maximum Implementation of recovery actions with the Service. extent practicable at the time a species generally requires the participation of a Section 8(a) of the Act authorizes the is listed, those activities that would or broad range of partners, including other provision of limited financial assistance would not constitute a violation of Federal agencies, States, Territories, for the development and management of section 9 of the Act. The intent of this nongovernmental organizations, programs that the Secretary of the policy is to increase public awareness of businesses, and private landowners. Interior determines to be necessary or the effect of a proposed listing on Examples of recovery actions include useful for the conservation of proposed and ongoing activities within habitat restoration (e.g., restoration of endangered or threatened species in the range of species proposed for listing. native vegetation), research, captive foreign countries. Sections 8(b) and 8(c) The following activities could propagation and reintroduction, and of the Act authorize the Secretary to potentially result in a violation of outreach and education. The recovery of encourage conservation programs for section 9 of the Act; this list is not many listed species cannot be foreign listed species, and to provide comprehensive: Activities that result in accomplished solely on Federal lands assistance for such programs, in the take of any of the five species in because their range may occur primarily form of personnel and the training of American Samoa by causing significant or solely on non-Federal lands. To personnel. habitat modification or degradation achieve recovery of these species The Act and its implementing such that it causes actual injury by requires cooperative conservation efforts regulations set forth a series of general significantly impairing essential on all lands. prohibitions and exceptions that apply behaviors. This may include, but is not When these species are listed, funding to all endangered wildlife. The limited to, introduction of nonnative for recovery actions will be available prohibitions of section 9(a)(1) of the Act, species in American Samoa that prey from a variety of sources, including codified at 50 CFR 17.21 for endangered upon the listed species or the release in Federal budgets, State programs, and wildlife, in part, make it illegal for any the territory of biological control agents cost-share grants for non-Federal person subject to the jurisdiction of the that attack any life-stage of these landowners, the academic community, United States to take (includes harass, species. and nongovernmental organizations. In harm, pursue, hunt, shoot, wound, kill, Questions regarding whether specific addition, pursuant to section 6 of the trap, capture, or collect; or to attempt activities would constitute a violation of Act, U.S. Territory of American Samoa any of these) any such species within section 9 of the Act should be directed would be eligible for Federal funds to the United States or the territorial sea of to the Pacific Islands Fish and Wildlife implement management actions that the United States or upon the high seas; Office (see FOR FURTHER INFORMATION promote the protection or recovery of to import into or export from the United CONTACT). Requests for copies of the these species. Information on our grant States any such species; to deliver, regulations concerning listed animals programs that are available to aid receive, carry, transport, or ship in and general inquiries regarding

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prohibitions and permits may be Internet at http://www.regulations.gov ■ 2. Amend § 17.11(h), the List of addressed to the U.S. Fish and Wildlife under Docket No. FWS–R1–ES–2015– Endangered and Threatened Wildlife, as Service, Pacific Region, Ecological 0128 and upon request from the Pacific follows: FOR Services, Endangered Species Permits, Islands Fish and Wildlife Office (see ■ a. By adding an entry for ‘‘Bat, Pacific Eastside Federal Complex, 911 NE. 11th FURTHER INFORMATION CONTACT). sheath-tailed (South Pacific Avenue, Portland, OR 97232–4181 Authors subspecies)’’ (Emballonura semicaudata (telephone 503–231–6131; facsimile 503–231–6243). The primary authors of this rule are semicaudata) in alphabetical order the staff members of the Pacific Islands under MAMMALS; and Required Determinations Fish and Wildlife Office. ■ b. By adding entries for ‘‘Ground- National Environmental Policy Act (42 List of Subjects in 50 CFR Part 17 dove, friendly (American Samoa DPS)’’ U.S.C. 4321 et seq.) (Gallicolumba stairi) and ‘‘Mao Endangered and threatened species, (honeyeater)’’ (Gymnomyza samoensis) We have determined that Exports, Imports, Reporting and in alphabetical order under BIRDS; and environmental assessments and recordkeeping requirements, environmental impact statements, as Transportation. ■ c. By adding entries for ‘‘Eua zebrina’’ defined under the authority of the and ‘‘Ostodes strigatus’’ in alphabetical Regulation Promulgation National Environmental Policy Act order under SNAILS. (NEPA; 42 U.S.C. 4321 et seq.), need not Accordingly, we amend part 17, The additions read as follows: be prepared in connection with listing subchapter B of chapter I, title 50 of the a species as an endangered or Code of Federal Regulations, as set forth § 17.11 Endangered and threatened threatened species under the below: wildlife. Endangered Species Act. We published * * * * * a notice outlining our reasons for this PART 17—ENDANGERED AND determination in the Federal Register THREATENED WILDLIFE AND PLANTS (h) * * * on October 25, 1983 (48 FR 49244). ■ 1. The authority citation for part 17 References Cited continues to read as follows: A complete list of references cited in Authority: 16 U.S.C. 1361–1407; 1531– this rulemaking is available on the 1544; 4201–4245 unless otherwise noted.

Common name Scientific name Where listed Status Listing citations and applicable rules

Mammals

******* Bat, Pacific sheath-tailed (South Pacific Emballonura semicaudata Wherever found ...... E 81 FR [Insert Federal Register page subspecies) (= peapea vai, American semicaudata. where the document begins]; Sep- Samoa; = tagiti, Samoa; = beka beka, tember 22, 2016. Fiji).

*******

Birds

******* Ground-dove, friendly (= tuaimeo) (Amer- Gallicolumba stairi ...... U.S.A. (AS) ...... E 81 FR [Insert Federal Register page ican Samoa DPS). where the document begins]; Sep- tember 22, 2016.

*******

Mao (= maomao) (honeyeater) ...... Gymnomyza samoensis .. Wherever found ...... E 81 FR [Insert Federal Register page where the document begins]; Sep- tember 22, 2016.

*******

Snails

******* Snail [no common name] ...... Eua zebrina ...... Wherever found ...... E 81 FR [Insert Federal Register page where the document begins]; Sep- tember 22, 2016. Snail [no common name] ...... Ostodes strigatus ...... Wherever found ...... E 81 FR [Insert Federal Register page where the document begins]; Sep- tember 22, 2016.

*******

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Dated: September 1, 2016. James W. Kurth, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2016–22276 Filed 9–21–16; 8:45 am] BILLING CODE 4333–15–P

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