32490 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Proposed Rules

rules governing permissible ex parte FOR FURTHER INFORMATION CONTACT: PART 73—RADIO BROADCAST contacts. Joyce L. Bernstein, SERVICES For information regarding proper [email protected], Media Bureau, filing procedures for comments, see 47 (202) 418–1600. 1. The authority citation for part 73 continues to read as follows: CFR 1.415 and 1.420. SUPPLEMENTARY INFORMATION: This is a Authority: 47 U.S.C. 154, 303, 334, 336. List of Subjects in 47 CFR Part 73 synopsis of the Commission’s Notice of Proposed Rule Making, MB Docket No. § 73.622(i) [Amended] Television, Television broadcasting. 09–11, adopted June 25, 2009, and 2. Section 73.622(i), the Post- For the reasons discussed in the released June 26, 2009. The full text of Transition Table of DTV Allotments preamble, the Federal Communications this document is available for public under Colorado, is amended by adding Commission proposes to amend 47 CFR inspection and copying during normal DTV channel 49 and removing DTV part 73 as follows: business hours in the FCC’s Reference channel 10 at Colorado Springs. Information Center at Portals II, CY– PART 73—RADIO BROADCAST A257, 445 12th Street, SW., Federal Communications Commission. SERVICES Washington, DC 20554. This document Clay C. Pendarvis, 1. The authority citation for part 73 will also be available via ECFS (http:// Associate Chief, Video Division, Media continues to read as follows: www.fcc.gov/cgb/ecfs/). (Documents Bureau. will be available electronically in ASCII, [FR Doc. E9–16128 Filed 7–7–09; 8:45 am] Authority: 47 U.S.C. 154, 303, 334, 336. Word 97, and/or Adobe Acrobat.) This BILLING CODE 6712–01–P § 73.622 [Amended] document may be purchased from the 2. Section 73.622(i), the Post- Commission’s duplicating contractor, Transition Table of DTV Allotments Best Copy and Printing, Inc., 445 12th DEPARTMENT OF THE INTERIOR under New Mexico, is amended by Street, SW., Room CY–B402, Fish and Wildlife Service adding DTV channel *8 and removing Washington, DC 20554, telephone 1– DTV channel *9 at Santa Fe. 800–478–3160 or via e-mail http:// www.BCPIWEB.com. To request this 50 CFR Part 17 Federal Communications Commission. document in accessible formats [FWS-R1-ES-2009-0036; 92210-1111-0000- Clay C. Pendarvis, (computer diskettes, large print, audio B2] Associate Chief, Video Division, Media recording, and Braille), send an e-mail Bureau. to [email protected] or call the RIN 1018-AV47 [FR Doc. E9–16089 Filed 7–7–09; 8:45 am] Commission’s Consumer and Endangered and Threatened Wildlife BILLING CODE 6712–01–P Governmental Affairs Bureau at (202) and Plants; Proposed Endangered 418–0530 (voice), (202) 418–0432 Status for Flying Hawaiian (TTY). This document does not contain ( nesiotes) and FEDERAL COMMUNICATIONS proposed information collection Pacific Hawaiian Damselfly (M. COMMISSION requirements subject to the Paperwork pacificum) Throughout Their Ranges Reduction Act of 1995, Public Law 104– 47 CFR Part 73 13. In addition, therefore, it does not AGENCY: Fish and Wildlife Service, [DA 09–1432; MB Docket No. 09–111; RM– contain any proposed information Interior. 11541] collection burden ‘‘for small business ACTION: Proposed rule. concerns with fewer than 25 Television Broadcasting Services; employees,’’ pursuant to the Small SUMMARY: We, the U.S. Fish and Colorado Springs, CO Business Paperwork Relief Act of 2002, Wildlife Service (Service), propose to Public Law 107–198, see 44 U.S.C. list two species of Hawaiian , AGENCY: Federal Communications 3506(c)(4). the flying earwig Hawaiian damselfly Commission. Provisions of the Regulatory (Megalagrion nesiotes) and the Pacific ACTION: Proposed rule. Flexibility Act of 1980 do not apply to Hawaiian damselfly (M. pacificum), as this proceeding. Members of the public endangered under the Endangered SUMMARY: The Commission has before it should note that from the time a Notice Species Act of 1973, as amended (Act). a petition for rulemaking filed by Gray of Proposed Rule Making is issued until If we finalize this rule as proposed, it Television Licensee, LLC (‘‘Gray’’), the the matter is no longer subject to would extend the Act’s protections to licensee of station KKTV(TV), DTV Commission consideration or court these species. We have determined that channel 10, Colorado Springs, Colorado. review, all ex parte contacts are critical habitat for these two Hawaiian Gray requests the substitution of DTV prohibited in Commission proceedings, damselflies is prudent, but not channel 49 for channel 10 at Colorado such as this one, which involve channel determinable at this time. Springs. allotments. See 47 CFR 1.1204(b) for DATES: We will accept comments DATES: Comments must be filed on or rules governing permissible ex parte received on or before September 8, before July 23, 2009, and reply contacts. 2009. We must receive requests for comments on or before August 3, 2009. For information regarding proper public hearings, in writing, at the ADDRESSES: Federal Communications filing procedures for comments, see 47 address shown in the FOR FURTHER Commission, Office of the Secretary, CFR 1.415 and 1.420. INFORMATION CONTACT section by August 24, 2009. 445 12th Street, SW., Washington, DC List of Subjects in 47 CFR Part 73 20554. In addition to filing comments ADDRESSES: You may submit comments with the FCC, interested parties should Television, Television broadcasting. by one of the following methods: serve counsel for petitioner as follows: For the reasons discussed in the • Federal eRulemaking Portal: http:// John M. Burgett, Esq., Wiley Rein LLP, preamble, the Federal Communications www.regulations.gov. Follow the 1776 K Street, NW., Washington, DC Commission proposes to amend 47 CFR instructions for submitting comments to 20006. Part 73 as follows: Docket No. FWS-R1-ES-2009-0036.

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• U.S. mail or hand-delivery: Public to the species that designation could under the Act, but for which the Comments Processing, Attn: FWS-R1- cause, such that the designation of development of a listing regulation has ES-2009-0036; Division of Policy and critical habitat is prudent. been precluded by other higher priority Directives Management; U.S. Fish and Please note that submissions merely listing activities. Wildlife Service; 4401 N. Fairfax Drive, stating support for or opposition to the Both the flying earwig Hawaiian Suite 222; Arlington, VA 22203. action under consideration without damselfly and the Pacific Hawaiian We will post all comments on http:// providing supporting information, damselfly were first listed as candidate www.regulations.gov. This generally although noted, will not be considered species on May 22, 1984 (49 FR 21664). means that we will post any personal in making a determination, as section The flying earwig Hawaiian damselfly information you provide us (see the 4(b)(1)(A) of the Act directs that was listed as a Category 3A (C3A) Public Comments section below for determinations as to whether any species, while the Pacific Hawaiian more information). species is a threatened or endangered damselfly was listed as a Category 2 (C2) FOR FURTHER INFORMATION CONTACT: Gina species must be made ‘‘solely on the species. The flying earwig was removed Shultz, Deputy Field Supervisor, Pacific basis of the best scientific and from the candidate list on November 21, Islands Fish and Wildlife Office, 300 commercial data available.’’ 1991 (56 FR 58804), whereas the Pacific Ala Moana Boulevard, Box 50088, You may submit your comments and Hawaiian damselfly retained its status Honolulu, HI 96850; telephone 808-792- materials concerning this proposed rule as a C2 species. On November 15, 1994 9400; facsimile 808-792-9581. Persons by one of the methods listed in the (59 FR 58982), the flying earwig who use a telecommunications device ADDRESSES section. Hawaiian damselfly was added back to for the deaf (TDD) may call the Federal If you submit a comment via http:// the candidate list, this time as a C2 Information Relay Service (FIRS) at 800- www.regulations.gov, your entire species, and the Pacific Hawaiian damselfly was reclassified as a Category 877-8339. comment—including any personal identifying information—will be posted 1 species. In the Candidate Notice of SUPPLEMENTARY INFORMATION: on the website. If your submission is Review (CNOR) published on February Public Comments made via a hardcopy that includes 28, 1996, we announced a revised list of personal identifying information, you plant and taxa that were We intend that any final action regarded as candidates for possible resulting from this rule will be based on may request at the top of your document that we withhold this information from addition to the Lists of Threatened and the best scientific and commercial data Endangered Wildlife and Plants (61 FR available and be as accurate and as public review. However, we cannot guarantee that we will be able to do so. 7595). This revision also included a new effective as possible. Therefore, we ranking system, whereby each candidate request comments or suggestions on this We will post all hardcopy submissions on http://www.regulations.gov. Please species was assigned a Listing Priority proposed rule from the public, other Number (LPN) from 1 to 12. Both the concerned governmental agencies, the include sufficient information with your comments to allow us to verify any flying earwig Hawaiian damselfly and scientific community, industry, or any the Pacific Hawaiian damselfly were other interested party concerning this scientific or commercial information you include. assigned an LPN of 2 on February 28, proposed rule. We particularly seek 1996 (61 FR 7595). comments concerning: Comments and materials we receive, as well as supporting documentation we On May 4, 2004, the Center for (1) Biological, commercial trade, or Biological Diversity petitioned the other relevant data concerning threats used in preparing this proposed rule, will be available for public inspection at Secretary of the Interior to list 225 (or lack thereof) to these species and species of plants and that were regulations that may be addressing those http://www.regulations.gov, or by appointment, during normal business already candidates, including these two threats; Hawaiian damselfly species, as (2) Additional information concerning hours, at the U.S. Fish and Wildlife Service, Pacific Islands Fish and endangered or threatened under the the range, distribution, and population provisions of the Act. In our annual Wildlife Office (see FOR FURTHER sizes of these species, including the CNOR, dated May 11, 2005 (70 FR INFORMATION CONTACT). locations of any additional populations 24870), we retained a listing priority of these species; You may obtain copies of the proposed rule by mail from the Pacific number of 2 for both of these species in (3) Any information on the biological accordance with our priority guidance Islands Fish and Wildlife Office (see FOR or ecological requirements of these published on September 21, 1983 (48 FR FURTHER INFORMATION CONTACT) or by species; 43098). A listing priority number of 2 visiting the Federal eRulemaking Portal (4) Current or planned activities in the reflects threats that are both imminent at http://www.regulations.gov. areas occupied by these species and and high in magnitude, as well as the their possible impacts on these species; Background taxonomic classification of each of these (5) Which physical and biological two Hawaiian damselflies as distinct Previous Federal Actions factors are essential to the conservation species. At the time, we determined that of each species and whether those The candidate status of each of the publication of a proposed rule to list features may require special two damselfly species proposed here for these species was precluded by our management considerations or listing, the flying earwig Hawaiian work on higher priority listing actions. protections; damselfly and the Pacific Hawaiian Since then, we have published our (6) Which specific areas area essential damselfly, was most recently reassessed annual findings on the May 4, 2004, to the conservation of each species; and and affirmed in the December 6, 2007, petition (including our findings on these (7) The reasons why any areas should Notice of Review of Native Species that two candidate species) in the CNORs or should not be designated as critical are Candidates for Listing as dated September 12, 2006 (71 FR habitat as provided by section 4 of the Endangered or Threatened (CNOR) (72 53756), December 6, 2007 (72 FR Endangered Species Act of 1973, as FR 69034). Candidate species are those 69034), and December 10, 2008 (73 FR amended (Act) (16 U.S.C. 1531 et seq.), taxa for which the Service has sufficient 75176). including whether the benefits of information on their biological status In Fiscal year 2007, we determined designation would outweigh the threats and threats to propose them for listing that funding was available to initiate

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work on listing determinations for these behind the head with terminal artificial reservoirs, and watercress two species and that work on listing abdominal appendages to guard the farms, and were even abundant in the determinations was no longer precluded female against rival males; thus males city of Honolulu, as noted by early by higher priority actions. As such, this and females are frequently seen flying in collectors of this group (Perkins 1899, p. proposal constitutes our proposed tandem. 76; Perkins 1913, p. clxxviii; Williams listing determination for these two In most species of Hawaiian 1936, p. 304). species. damselflies, the immature larval stages Beginning with the early alteration of (naiads) are aquatic, breathing through streams and wetland systems by the Species Information three flattened abdominal gills, and are colonizing Hawaiians, followed by The Hawaiian Islands are well-known predaceous, feeding on small aquatic extensive stream and wetland for several spectacular evolutionary invertebrates or fish (Williams 1936, p. conversion, alteration, and radiations resulting in a unique 303). Females lay eggs in submerged modification, and by degradation of fauna found nowhere else in the world. aquatic vegetation or in mats of moss or native forests through the 20th century, One such group, which began its algae on submerged rocks, and hatching Hawaii’s native damselflies, including evolution perhaps as long as 10 million occurs in about 10 days (Williams 1936, the two species that are the subject of years ago (Jordan et al. 2003, p. 89), is pp. 303, 306, 318; Evenhuis et al. 1995, this proposal, experienced a tremendous the narrow-winged Hawaiian damselfly p. 18). Naiads may take up to 4 months reduction in available habitat. In genus Megalagrion. This genus appears to mature (Williams 1936, p. 309), after addition, predation by a number of to be most closely related to species of which they crawl out of the water onto nonnative species that have been both Pseudagrion elsewhere in the Indo- rocks or vegetation to molt into winged intentionally and, in some cases, Pacific (Zimmerman 1948a, pp. 341, adults, typically remaining close to the inadvertently introduced onto the 345). The Megalagrion species of the aquatic habitat from which they Hawaiian Islands is a significant and Hawaiian Islands have evolved to emerged. The Pacific Hawaiian ongoing threat to all native Hawaiian occupy as many larval breeding niches damselfly exhibits this typical aquatic damselflies. as all the rest of the world’s damselfly life history. species combined, and in terms of the The naiads of some species of Flying Earwig Hawaiian Damselfly number of insular endemic (native to Hawaiian damselflies are terrestrial or The flying earwig Hawaiian damselfly only one island) species, are exceeded semi-terrestrial, living on wet rock faces was first described from specimens only by the radiation of damselfly or in damp terrestrial conditions, collected in the 1890s in Puna on species of Fiji in the Pacific (Jordan et inhabiting wet leaf litter or moist leaf Hawaii Island by R.C.L. Perkins (1899, al. 2003, p. 91). Resembling slender axils (the angled juncture of the leaf and p. 72). Kennedy (1934, pp. 343-345) dragonflies, damselflies are stem) of native plants up to several feet described what was believed at the time distinguished by folding their wings above ground (Zimmerman 1970, p. 33; to be a new species of damselfly based parallel to the body while at rest rather Simon et al. 1984, p. 13; Polhemus and on specimens from Maui; these were than holding them out perpendicular to Asquith 1996, p. 17). The naiads of later determined to be synonymous with the body. these terrestrial and semi-terrestrial the specimens collected by Perkins. The Native Hawaiians apparently did not species have evolved short, thick, hairy flying earwig Hawaiian damselfly is a differentiate the various species, but gills and in many species are unable to comparatively large and elongated referred to the native damselflies (and swim (Polhemus and Asquith 1996, p. species. The males are blue and black in dragonflies) collectively as ‘‘pinau,’’ and 75). The flying earwig Hawaiian color and exhibit distinctive, greatly to the red-colored damselflies damselfly is believed to exhibit this enlarged, pincer-like cerci (paired specifically as ‘‘pin ao ula.’’ There has terrestrial or semi-terrestrial naiad life appendages on the rear-most segment of been no traditional European use of a history. the abdomen used to clasp the female common name for species in the genus Adult damselflies are predaceous and during mating). Females are Megalagrion. In his 1994 taxonomic feed on small flying such as predominantly brownish in color. The review of the candidate species of midges. The adults of many of the adults measure from 1.8 to 1.9 inches insects of the Hawaiian Islands, Nishida Hawaiian Megalagrion spp. are unusual (in) (46 to 50 millimeters (mm)) in (1994, pp. 4-7) proposed the name in that they have a highly developed length and have a wingspan of 1.9 to 2.1 ‘‘Hawaiian damselflies’’ as the common behavior of feigning death when caught in (50 to 53 mm). The wings of both name for species in the genus or attacked (Moore 1983b, pp. 161-165). sexes are clear except for the tips, which Megalagrion. Because this name reflects The Hawaiian damselflies are are narrowly darkened along the front the restricted distribution of these represented by 23 species and 5 margins. Naiads of this species have insects and is nontechnical, the subspecies, and are found on 6 of the never been collected or found common name ‘‘Hawaiian damselflies’’ Hawaiian Islands (Kauai, Oahu, (Polhemus and Asquith 1996, p. 69), but is adopted for general use here, and we Molokai, Maui, Lanai, and Hawaii). they are believed to be terrestrial or use the accepted common names flying There are more species of Megalagrion semi-terrestrial in habit (Kennedy 1934, earwig Hawaiian damselfly and Pacific on the geologically older islands (e.g., p. 345; Preston 2007). Hawaiian damselfly to identify the two 12 species on Kauai) than on the The biology of the flying earwig individual species addressed in this geologically youngest island (e.g., 8 Hawaiian damselfly is not well proposed rule. species on Hawaii), and there are more understood, and it is unknown if this The general biology of Hawaiian single-island endemic species on the species is more likely to be associated damselflies is typical of other narrow- older islands (e.g., 10 on Kauai) than on with standing water or flowing water winged damselflies (Polhemus and the youngest island (e.g., none on (Kennedy 1934, p. 345; Polhemus 1994, Asquith 1996, pp. 2-7). The males of Hawaii) (Jordan et al. 2003, p. 91). p. 40). The only confirmed population most species are territorial, guarding Historically, Megalagrion damselflies found in the last 6 years occurs along a areas of habitat where females will lay were among the most common and steep, moist, riparian talus slope (a eggs (Moore 1983a, p. 89). During conspicuous native Hawaiian insects. slope formed by an accumulation of copulation, and often while the female Some species commonly inhabited rock debris), densely covered with lays eggs, the male grasps the female water gardens in residential areas, Dicranopteris linearis (uluhe), a native

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fern. Adults of the flying earwig (Foote 2007; Hawaii Biodiversity and (Polhemus and Asquith 1996, p. 83). Hawaiian damselfly have been observed Mapping Program (HBMP) 2006). This species is rarely seen along main to perch on vegetation and boulders, Unsurveyed areas containing potentially stream channels, and its ability to and to fly slowly for short distances. suitable habitat for this species include disperse long distances over land or When disturbed, the adults fly the Hana coast of east Maui, and the east water is suspected to be poor compared downward within nearby vegetation or rift zone of Kilauea and the Kona area to other Hawaiian damselflies (Jordan et between rocks, rather than up and away on the island of Hawaii (Foote 2007). al. 2007, p. 254). as is usually observed with aquatic The Pacific Hawaiian damselfly is Pacific Hawaiian Damselfly Hawaiian damselfly species. Although now believed to be extirpated from the immature individuals have not been The Pacific Hawaiian damselfly was islands of Oahu, Kauai, and Lanai located, based on the habitat and the first described by McLachlan (1883, p. (Polhemus and Asquith 1996, p. 83). On behavior of the adults, it is believed that 234) based on specimens collected by the island of Oahu, due to its the naiads are terrestrial or semi- R.C.L. Perkins from streams on the occupation of particularly vulnerable terrestrial, occurring among damp islands of Lanai and Maui. This habitat within sidepools of lowland leaflitter (Kennedy 1934, p. 345) or damselfly is a relatively small, dark- streams, the Pacific Hawaiian damselfly possibly within moist soil or seeps colored species, with adults measuring was rare by the 1890s and appears to between boulders in suitable habitat from 1.3 to 1.4 in (34 to 37 mm) in have been extirpated from this island (Preston 2007). The highest elevation at length and having a wingspan of 1.3 to since 1910 (Liebherr and Polhemus which this species has been recorded is 1.6 in (33 to 42 mm). Both adult males 1997, p. 494). It is unknown when the 3,000 feet (ft) (914 meters (m)), but its and females are mostly black in color. Kauai and Lanai populations of the close association with uluhe habitat Males exhibit brick red striping and Pacific Hawaiian damselfly suggests that its range may extend patterns, while females exhibit light disappeared. Until 1998, it was believed upward to close to 4,000 ft (1,212 m) green striping and patterns. The only that the species may also have been (Foote 2007). immature individuals of this species extirpated from the island of Hawaii. Historically, the flying earwig that have been collected were early- That year, one population was Hawaiian damselfly was known from instar (an intermoult stage of discovered within a small stream the islands of Hawaii and Maui. On development) individuals, and they located just above, but isolated from, Hawaii, it was originally known from exhibit flattened, leaf-like gills Maili Stream, which is known to be seven or more general localities. The (Polhemus and Asquith 1996, p. 83). occupied by nonnative fish (Englund species has not been seen on Hawaii for This species is most easily 1998, pp. 15-16). By the late 1970s, over 80 years, although extensive distinguished from other Hawaiian fewer than six populations of the Pacific surveys within apparently suitable damselflies by the extremely long lower Hawaiian damselfly could be located on habitat in the Kau and Olaa areas were abdominal appendages of the male, Maui and Molokai (Harwood 1976, pp. conducted from 1997 to 2008 (Polhemus which greatly exceed the length of the 251-253; Gagne 1980, pp. 119, 125; 2008). On Maui, the flying earwig upper appendages. Moore and Gagne 1982, p. 1), and the damselfly was historically reported from Historically, the Pacific Hawaiian conservation of this species was five general locations on the windward damselfly was known from lower identified as a priority by the side of the island (Kennedy 1934, p. elevations (below 2,000 ft (600 m)) on International Union for the 345). Since the 1930s, however, the all of the main Hawaiian Islands except Conservation of Nature and Natural flying earwig Hawaiian damselfly has Kahoolawe and Niihau (Perkins 1899, p. Resources (Moore 1982, p. 209). only been observed in a single area on 64). This species was known to breed The Pacific Hawaiian damselfly is the windward side of east Maui, despite primarily in lentic (standing water) currently found in at least seven streams surveys from 1993 through 2008 at systems such as marshes, seepage-fed on Molokai and may possibly be extant several of its historically occupied sites. pools, large ponds at higher elevations, in other, unsurveyed streams on The last observation of the species on and small, quiet pools in gulches that Molokai’s north coast that have not been windward east Maui was in 2005 (Foote have been cut off from the main stream invaded by nonnative fish (Englund 2008); the species was not observed channel (Moore and Gagne 1982, p. 4; 2008). On the island of Maui, the during the last survey at this location in Polhemus and Asquith 1996, p. 83). The species is currently known from 14 2008. No quantitative estimate of the Pacific Hawaiian damselfly is no longer streams. The Pacific Hawaiian damselfly size of this remaining population is found in most lentic habitats in Hawaii, is no longer found along the entire available. such as ponds and taro (Colocasia reaches of these Maui streams, but only It is hypothesized that the flying esculenta) fields, due to predation by in restricted areas along each stream earwig Hawaiian damselfly may now be nonnative fish that now occur in these where steep terrain prevents access by restricted to what is perhaps suboptimal systems (Moore and Gagne 1982, p. 4; nonnative fish, which inhabit degraded, habitat, where periodic absences of the Englund et al. 2007, p. 215). lower stream reaches (Polhemus and species due to drought may be expected Observations have confirmed that the Asquith 1996, p. 13; Englund et al. and might explain the lack of Pacific Hawaiian damselfly is now 2007, p. 215). The species is known observations of the species (Foote 2007). restricted almost exclusively to seepage- from a single population on the island Some researchers also believe that fed pools along overflow channels in the of Hawaii, last observed in 1998. overcollection of this species by terminal reaches of perennial streams, No quantitative estimates of the size enthusiasts may have impacted some usually in areas surrounded by thick of the extant populations are available. populations in the past (Polhemus vegetation (Moore and Gagne 1982, pp. Howarth (1991, p. 490) described the 2008). It is further possible that the 3-4; Polhemus 1994, p. 54; Englund Pacific Hawaiian damselfly as the most individuals observed in this area are 1999, p. 236; Englund et al. 2007, p. common and most widespread of the actually part of a larger population that 216; Polhemus 2007, p. 238). Adults native damselfly species at the end of may be located in the extensive belt of usually do not stray far from the vicinity the 19th century, and yet a decline in uluhe habitat located upslope, where of the breeding pools, perching on this species was observed as early as the habitat is predominantly native bordering vegetation and flying only 1905 due to the effects of nonnative fish shrubs and matted fern understory short distances when disturbed introduced for control of mosquitoes.

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Summary of Factors Affecting the one or more of the five factors described existence. Listing a species as a Species in section 4(a)(1) of the Act. These five threatened or endangered species under listing factors are: (A) The present or the Act may be warranted based on any Section 4 of the Act (16 U.S.C. 1531 threatened destruction, modification, or of the above threat factors, singly or in et seq.) and its implementing curtailment of its habitat or range; (B) combination. regulations (50 CFR part 424) set forth overutilization for commercial, The threats to the flying earwig and the procedures for adding species to the recreational, scientific, or educational Federal Lists of Endangered and purposes; (C) disease or predation; (D) Pacific Hawaiian damselfly species are Threatened Wildlife and Plants. A the inadequacy of existing regulatory summarized according to the five listing species may be determined to be an mechanisms; and (E) other natural or factors in Table 1, and discussed in endangered or threatened species due to manmade factors affecting its continued detail below. TABLE 1. SUMMARY OF THREATS TO THE FLYING EARWING AND PACIFIC HAWAIIAN DAMSELFLY SPECIES.

Flying Earwig Hawaiian Threat Factor Damselfly Pacific Hawaiian Damselfly

Agriculture/urban development A X X

Stream alteration A P X

Habitat modification by pigs A X

Habitat modification by nonnative plants A X X

Stochastic events A X X

Climate change A X X

Overcollection B P

Predation C A, BF (P) A, B, F, BF

Inadequate habitat protection D X X

Inadequate protection from nonnative aquatic species introduction D X X

Limited populations E X X A = ants B = backswimmers F = fish BF = bullfrogs P = potential threat

Factor A. The Present or Threatened wetlands are considered, it is estimated agriculture and urban development are Destruction, Modification, or that 30 percent have been converted for immediate and significant for the Curtailment of [Their] Habitat or Range agricultural and urban development following reason: as noted above, an Freshwater habitats used by the flying (Kosaka 1990). These marshlands and estimated 30 percent of all coastal plain earwig and Pacific Hawaiian damselflies wetlands provided habitat for several wetlands in Hawaii have already been on all of the main Hawaiian Islands damselfly species, including the Pacific lost to agriculture and urban have been severely altered and degraded Hawaiian damselfly. development, while the loss of lowland because of past and present land and Although extensive filling of freshwater habitat in Hawaii already water management practices, including: freshwater wetlands is rarely permitted approaches 80 to 90 percent (Kosaka agriculture and urban development; today, loss of riparian or wetland 1990). Lacking the aquatic habitat development of ground water, perched habitats utilized by the Pacific and features that the damselflies require for aquifer (aquifer sitting above main water flying earwig Hawaiian damselflies, essential life history needs, such as table), and surface water resources; and such as smaller areas of moist slopes, marshes, ponds, and sidepools along the deliberate and accidental emergent vegetations and narrow strips streams (Pacific Hawaiian damselfly) introductions of nonnative animals of freshwater seeps within anchialine and riparian habitat (flying earwig (Harris et al. 1993, pp. 12-13; Meier et pool complexes (landlocked bodies of Hawaiian damselfly), these modified water with a subterranean connection to al. 1993, pp. 181-183). areas no longer support populations of the ocean), still occurs. In addition, these two Hawaiian damselflies. Habitat Destruction and Modification by marshes have been, and continue to be, Agriculture and Urban Development slowly filled and converted to meadow Agriculture and urban development have thus contributed to the present Although there has never been a habitat due to increased sedimentation curtailment of the habitat of these two comprehensive, site-by-site assessment resulting from increased storm water Hawaiian damselflies, and we have no of wetland loss in Hawaii (Erikson and runoff from upslope development, the Puttock 2006, p. 40), Dahl (1990, p. 7) accumulation of uncontrolled growth of indication that this threat is likely to be estimated that at least 12 percent of invasive vegetation, and blockage of significantly ameliorated in the near lowland to upper-elevation wetlands in downslope drainage (Wilson Okamoto & future. Hawaii had been converted to non- Associates, Inc. 1993, pp. 3-4 to 3-5). wetland habitat by the 1980s. If only The effects of future conversion of coastal plain (below 1,000 ft (305 m)) wetland and other aquatic habitat for

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Habitat Destruction and Modification by There are a total of 18 active much less over the rest of the island Stream Diversion hydroelectric plants operating on (University of Hawaii Department of Stream modifications began with the Hawaiian streams on the islands of Geography 1998, p. 13). Flows of almost early Hawaiians who diverted water to Hawaii, Kauai, and Maui, only one of every spring and seep on Lanai have irrigate taro. However, early diversions which is located on a stream where a been diverted (Stearns 1940, pp. 73-74, often took no more than half the stream historical population of the Pacific 85, 88, 95). Surface waters in streams flow, and typically were periodic, to Hawaiian damselfly was known on have also been diverted by tunnels in occasionally flood taro ponds year Kauai (Waimea). Another 38 sites have stream beds. Historically, Maunalei round, rather than continuously flood been identified for potential Stream was the only perennial stream them (Handy and Handy 1972, pp. 58- hydroelectric development on the on Lanai, and Hawaiians constructed islands of Hawaii, Kauai, Maui, and taro loi (ponds for cultivation of taro) in 59). The advent of plantation sugarcane Molokai (Hawaii Stream Assessment the lower portions of this stream system. cultivation led to far more extensive 1990, pp. xxi, 96-97). Three of the In 1911, a tunnel was constructed at stream diversions, with the first proposed sites include current 1,100 ft (330 m) elevation that undercuts diversion built in 1856 on Kauai populations of the Pacific Hawaiian the stream bed, diverting both the damselfly. Notably, the single current surface and subsurface flows and (Wilcox 1996, p. 54). These systems remaining population site for the flying dewatering the stream from this point to were designed to tap water at upper earwig Hawaiian damselfly on Maui is its mouth (Stearns 1940, pp. 86-88). The elevations (above 984 ft (300 m)) by identified as a potential hydroelectric Pacific Hawaiian damselfly, which means of a concrete weir in the stream site. Any additional diversion of streams depends on stream habitat, was (Wilcox 1996, p. 54). All or most of the for use in hydroelectric power could historically known from Lanai but is no low or average flow of the stream was, contribute to further loss of stream longer extant on this island, and was and often still is, diverted into fields or habitat for the Pacific Hawaiian most likely impacted by the dewatering reservoirs, leaving many stream damselfly and for the flying earwig of this stream because it was the only channels completely dry (Takasaki et al. Hawaiian damselfly. permanent stream on Lanai prior to its 1969, pp. 27-28; Harris et al. 1993, p. 12; dewatering. This example of the Habitat Modification and Destruction by Wilcox 1996, p. 56). negative impact of dewatering leads us By the 1930s, water diversions had Dewatering of Aquifers to conclude that dewatering poses a been developed on all of the main In addition to the diversion of stream threat to the Pacific Hawaiian damselfly Hawaiian Islands, and by 1978 the water and the resultant downstream and the flying earwig Hawaiian stream flow in over one-half of all of the dewatering, many streams in Hawaii damselfly on the remaining islands 366 perennial streams in Hawaii had have experienced reduced or zero where the species persist. been altered in some manner (Brasher surface flow as a result of the 2003, p. 1055). Some stream diversion dewatering of their source aquifers. Habitat Modification and Destruction by systems are extensive, such as the Often these aquifers, which previously Vertical Wells Waiahole Ditch, which diverts water fed the streams, were tapped by Surface flow of streams has also been from 37 streams within the range of the tunneling or through the injudicious affected by vertical wells drilled in pre- Pacific Hawaiian damselfly on the placement of wells (Stearns and Vaksvik modern times, because the basal aquifer windward side of Oahu to the dry plains 1935, pp. 386-434; Stearns 1985, pp. (lowest groundwater layer) and alluvial on the leeward side of the island via a 291-305). These groundwater sources caprock (sediment-deposited harder tunnel cut through the Koolau mountain were captured for both domestic and rock layer) through which the lower range (Stearns and Vaksvik 1935, pp. agricultural use and in some areas have sections of streams flow can be pierced 399-403). On west Maui, as of 1978, completely depleted nearby stream and and hydraulically connected by wells over 49 mi (78 km) of stream habitat in spring flows. For example, the Waikolu (Stearns 1940, p. 88). This allows water 12 streams had been lost due to Stream on Molokai has reduced flow in aquifers normally feeding the stream diversions, and all of the 17 perennial due in part to groundwater withdrawal to be diverted elsewhere underground. streams on west Maui are dewatered to (Brasher 2003, p. 1,056), which may Dewatering of the streams by tunneling some extent (Maciolek 1979, p. 605). have reduced stream habitat available to and earlier, less-informed well This loss of stream habitat may have the Pacific Hawaiian damselfly. placement near or in streams was a contributed to the extirpation of the Likewise, on Maui, streams in the west significant cause of habitat loss, and Pacific Hawaiian damselfly population Maui Mountains that flow into the these effects continue today. on west Maui. Given the affiliation of Lahaina District are fed by groundwater Historically, for example, there was the flying earwig Hawaiian damselfly leaking from breached, high-elevation sufficient surface flow in Makaha and with riparian habitats, this loss of dikes. Downstream of the dike Nanakuli streams on Oahu to support stream habitat may also potentially compartments, stream diversions are taro loi in their lower reaches, but this account for its absence on west Maui. designed to capture all of the low stream flow disappeared subsequent to Most lower-elevation stream segments flow, causing the streams downstream construction of vertical wells upstream on west Maui are now completely dry, to be frequently dry (U.S. Geological (Devick 1995). The inadvertent except during storm-influenced flows Survey 2008a, p. 1), likely impacting dewatering of streams through the (Maciolek 1979, p. 605). The extensive available habitat for the Pacific piercing of their aquifers (which are diversion of streams on Maui island- Hawaiian damselfly, and potentially for normally separated from adjacent water- wide has reduced the amount of stream the flying earwig Hawaiian damselfly, in bearing layers by an impermeable layer), habitat available to the Pacific Hawaiian the Honolua and Honokohau streams. by tunneling or through placement of damselfly, and potentially to the flying The island of Lanai lies within the vertical wells, caused the loss of Pacific earwig Hawaiian damselfly as well. rain shadow of the west Maui Hawaiian damselfly habitat, and In addition to diverting water for Mountains, which reach 5,788 ft (1,764 contributed to the Pacific Hawaiian agriculture and domestic water supply, m) in elevation. Lower in elevation than damselfly’s extirpation on the islands of streams in Hawaii have also been Maui, annual rainfall on Lanai’s summit Oahu, Kauai, and Lanai. Such activities diverted for use in hydroelectric power. is 30 to 40 in (760 to 1,015 mm) but also reduced the extent of stream habitat

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for the Pacific Hawaiian damselfly on process includes provisions for immediate threats to the Pacific the islands of Maui, Molokai, and amendments that would result in Hawaiian damselfly for the following Hawaii. Most lower-elevation stream adverse effects to ground water that reasons: (1) They reduce the amount segments on west Maui and leeward supports streamside habitat for the and distribution of stream habitat east Maui are now completely dry, Pacific Hawaiian damselfly, and available to this species; (2) they reduce except during storm-influenced flows potentially for the flying earwig stream flow, leaving lower elevation (Maciolek 1979, p. 605). The flow of Hawaiian damselfly. stream segments completely dry except during storms, or leaving many streams nearly every seep and spring on Lanai Habitat Modification and Destruction by completely dry year round, thus has been captured or bored with wells Channelization (Stearns 1940, pp. 73-74, 85, 88, 95). reducing or eliminating stream habitat; The inadvertent drying of streams from In addition to the destruction of most and (3) they indirectly lead to an poor well replacement and other of the stream habitat of the Pacific increase in water temperature that leads activities has contributed to the decline Hawaiian damselfly and the flying to the loss of Pacific Hawaiian damselfly of the Pacific Hawaiian damselfly by earwig Hawaiian damselfly, most naiads due to direct physiological stress. reducing its habitat on all of the islands remaining stream habitat has been, and Because the probability of species from which it was historically known. It continues to be, seriously degraded extinction increases when ranges are should be noted that the Pacific throughout the Hawaiian Islands. restricted, habitat decreases, and Hawaiian damselfly was once among Stream degradation has been population numbers decline, the Pacific the most commonly observed aquatic particularly severe on the island of Hawaiian damselfly is particularly insects in the islands (Howarth 1991, p. Oahu where, by 1978, 58 percent of all vulnerable to extinction due to such 40). The dewatering of streams on Maui the perennial streams had been changes in its stream habitats. In and Hawaii may also have impacted channelized (lined, partially lined or addition, stream diversion, dewatering, habitat of the flying earwig Hawaiian altered) to control flooding (Brasher and vertical wells have the potential to damselfly. 2003, p. 1055; Polhemus and Asquith negatively impact, and in some cases 1996, p. 24), and 89 percent of the total Although the State of Hawaii’s may have impacted, the flying earwig length of these streams had been Hawaiian damselfly. Commission on Water Resource channelized (Parrish et al. 1984, p. 83). Management is now more cognizant of The channelization of streams creates Habitat Destruction and Modification by the effects that ground water removal artificial, wide-bottomed stream beds Feral Pigs has on streams via injudicious and often results in removal of riparian One of the primary threats to the placement of wells, the Commission vegetation, increased substrate flying earwig Hawaiian damselfly is the still routinely reviews new permit homogeneity, increased temporal water ongoing destruction and degradation of applications for wells (Hardy 2009). All velocity (increased water flow speed its riparian habitat by nonnative requests for new wells require a drilling during times of higher precipitation animals, particularly feral pigs (Sus permit and, in some cases, a use permit including minor and major flooding), scrofa) (Polhemus and Asquith 1996, p. is additionally required, depending increased illumination, and higher 22; Erickson and Puttock 2006, p. 42). upon the intended allocation and water temperatures (Parrish et al. 1984, Pigs of Asian descent were first anticipated amount of water to be p. 83; Brasher 2003, p. 1052). Natural introduced to Hawaii by the Polynesian pumped from the well. Water streams meander and are lined with ancestors of Hawaiians around 400 A.D. Management Areas have been rocks, trees, and natural debris, and (Kirch 1982, pp. 3-4). Western designated over much of Oahu and in during times of flooding, jump their immigrants, beginning with Captain some areas on other neighboring banks. Channelized streams are Cook in 1778, repeatedly introduced islands. Within these areas, a use permit straightened and often lack natural European strains (Tomich 1986, pp. for a new well is also required, which obstructions, and during times of higher 120-121). The pigs escaped automatically triggers a greater review of precipitation or flooding, facilitate a domestication and successfully invaded the potential impacts. Any request for a higher water flow velocity. Hawaiian all areas, including wet and mesic permit to drill a well within proximity damselflies are largely absent from forests and grasslands, on all of the of streams or dike rock located at the channelized portions of streams main Hawaiian Islands. headwaters of streams automatically (Polhemus and Asquith 1996, p. 24). In High pig densities and expansion of triggers additional review (Hardy 2009). contrast, undisturbed Hawaiian stream their distribution have caused Permits to drill wells near streams or systems exhibit a greater amount of indisputable widespread damage to within dike complexes are now unlikely riffle habitat, canopy closure, higher native vegetation on the Hawaiian to be granted because a new well would consistent flow velocity, and lower Islands (Cuddihy and Stone 1990, p. require the amendment of in-stream water temperatures that are 63). Feral pigs create open areas within flow standards for the impacted stream. characteristic of streams to which the forest habitat by digging up, eating, and However, such amendments are Hawaiian damselflies, in general, are trampling native plant species (Stone sometimes approved. One example is adapted (Brasher 2003, pp. 1054-1057). 1985, p. 263). These open areas become the long-contested case involving the Channelization of streams has not fertile ground for nonnative plant seeds Waiahole Ditch on the island of Oahu been restricted to lower stream reaches. spread through the excrement of the (Hawaii Department of Agriculture For example, there is extensive pigs and by transport in their hair 2002). In that case, the Commission channelization of the Kalihi Stream, on (Stone 1985, p. 263). In nitrogen-poor continues to support the removal of the island of Oahu, above 1,000 ft (300 soils, feral pig excrement increases several million gallons of water daily m) elevation. Extensive stream nutrient availability, enhancing from windward Oahu streams (Hawaii channelization has contributed to the establishment of nonnative weeds that Department of Agriculture 2002). In extirpation of the Pacific Hawaiian are more adapted to richer soils than are conclusion, although a regulatory damselfly on Oahu (Englund 1999, p. native plants (Cuddihy and Stone 1990, process is in place that can potentially 236; Polhemus 2008). p. 65). In this manner, largely nonnative address the effects of new requests for Stream diversion, channelization, and forests replace native forest habitat ground water removal on streams, this dewatering represent significant and (Cuddihy and Stone 1990, p. 65). In

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addition, feral pigs will root and dig for habitat destruction or modification from and wetlands (Erickson and Puttock plant tubers and worms in wetlands, feral pigs is significant for the following 2006, p. 270). Found from sea level to including marshes, on all of the main reasons: (1) Trampling and grazing 3,610 ft (1,100 m) in elevation (Erickson Hawaiian Islands (Erikson and Puttock directly impact the vegetation used by and Puttock 2006, p. 270), this plant 2006, p. 42). adult flying earwig Hawaiian forms dense, monotypic stands that can In a study conducted in the 1980s on damselflies for perching and by the completely eliminate any open water by feral pig populations in the Kipahulu terrestrial or semi-terrestrial naiads; (2) layering its trailing stems (Smith 1985, Valley on Maui, the deleterious effects increased soil disturbance leads to p. 186). Marshlands eventually convert of feral pig rooting on native forest mechanical damage to plants used by to meadowland when invaded by ecosystems was documented (Diong adults for perching and by the terrestrial Urochloa mutica (Polhemus and 1982, pp. 150, 160-167). Rooting by feral or semi-terrestrial naiads; (3) creation of Asquith 1996, p. 23). At Kawainui pigs was observed to be related to the open, disturbed areas, conducive to Marsh, the most extensive marsh system search for earthworms, with rooting weedy plant invasion and establishment remaining on Oahu, control of Urochloa depths averaging 8 in (20 cm), and of alien plants from dispersed fruits and mutica to prevent conversion of the rooting was found to greatly disrupt the seeds, results over time in the marsh to meadowland is an ongoing leaf litter and topsoil layers, and conversion of a community dominated management activity (Wilson, Okamoto contribute to erosion and changes in by native vegetation to one dominated and Associates, Inc. 1993, pp. 3-4; ground topography. The feeding habits by nonnative vegetation (leading to all Hawaiian Ecosystems at Risk (HEAR) of pigs were observed to create seed of the negative impacts associated with 2008, p. 1). The preferred habitat of the beds, enabling the establishment and nonnative plants, detailed below); and Pacific Hawaiian damselfly (primarily spread of invasive weedy species such (4) increased watershed erosion and lowland, stagnant water, large ponds, as Clidemia hirta (Koster’s curse). The sedimentation further degrade habitat and small pools) on all of the Hawaiian study concluded that all aspects of the for the flying earwig Hawaiian Islands has likely declined and feeding habits of pigs are damaging to damselfly. These threats are expected to continues to decline due to the spread the structure and function of the continue or increase without control or of Urochloa mutica, which is causing Hawaiian forest ecosystem (Diong 1982, elimination of pig populations in these the conversion of marshlands to pp. 160-167). habitats. meadowlands (Polhemus and Asquith It is likely that pigs similarly impact 1996, p. 23). the native vegetation used for perching Habitat Destruction and Modification by Nonnative plants represent a by adult flying earwig Hawaiian Nonnative Plants significant and immediate and ongoing damselflies. On Maui, feral pigs inhabit The invasion of nonnative plants, threat to the flying earwig Hawaiian the uluhe-dominated riparian habitat of including Clidemia hirta, further damselfly through habitat destruction the flying earwig Hawaiian damselfly. contributes to the degradation of and modification for the following Through their rooting and digging Hawaii’s native forests, including the reasons: (1) They adversely impact activities, they have significantly riparian habitat of the flying earwig microhabitat by modifying the degraded and destroyed the habitat of Hawaiian damselfly on Maui (Foote availability of light; (2) they alter soil- the adult flying earwig Hawaiian 2008). Clidemia hirta is the most serious water regimes; (3) they modify nutrient damselfly (Foote 2008). nonnative plant invader within the cycling processes; and (4) they In addition to creating conditions that uluhe-dominated riparian habitat where outcompete, and possibly directly enable the spread of nonnative plant the flying earwig Hawaiian damselfly inhibit the growth of, native plant species, Mountainspring (1986, p. 98) occurs on Maui and where it formerly species; ultimately, native dominated surmised that rooting by pigs depresses occurred on the island of Hawaii (Foote plant communities are converted to insect populations that depend upon the 2008). Clidemia hirta can outcompete nonnative plant communities (Cuddihy ground layer at some life stage or that the native uluhe fern, and so is capable and Stone 1990, p. 74; Vitousek 1992, exhibit diel (day and night) movements. of altering the natural environment pp. 33-35). This conversion negatively As a result, it is likely that the presumed where the flying earwig Hawaiian impacts and threatens the flying earwig habitat (seeps or damp leaf litter) of the damselfly occurs. A noxious shrub first Hawaiian damselfly, which depends naiads of the flying earwig Hawaiian cultivated in Wahiawa on Oahu before upon native plant species, particularly damselfly is negatively impacted by 1941, this plant is now found on all of uluhe, for essential life history needs. feral pig activity, including the the main Hawaiian Islands (Wagner et Conversion habitat from marshlands to uprooting and denuding of native al. 1985, p. 41). Clidemia hirta forms a meadowlands by the nonnative vegetation (Foote 2008; Polhemus 2008). dense understory, shading out native Urochloa mutica also threatens the Notwithstanding the above impacts, plants and hindering their regeneration; Pacific Hawaiian damselfly. These feral pigs are managed as a game animal it is considered a major nonnative plant threats are expected to continue or for public hunting in the more threat in wet forest areas because it increase without control or elimination accessible regions of the east Maui inhibits and eventually replaces native of invasive nonnative plants in these watershed (Jokiel 2008). In contrast to plants (Wagner et al. 1985, p. 41; Smith habitats. an eradication program, this action 1989, p. 64). makes it likely that feral pigs will Presently, the most significant threat Habitat Destruction and Modification by continue to exist on Maui, and thus to natural ponds and marshes in Hawaii Hurricanes, Landslides, and Drought likely that pigs will continue to destroy is the nonnative species Urochloa Stochastic (random, naturally and degrade habitat of the flying earwig mutica (California grass). This occurring) events, such as hurricanes, Hawaiian damselfly on the island of sprawling perennial grass is likely from landslides, and drought, alter or degrade Maui. Africa (Erickson and Puttock 2006, p. the habitat of Hawaiian damselflies The effects from introduced feral pigs 270). It was first noted on Oahu in 1924 directly by modifying and destroying are immediate and ongoing because pigs and now occurs on all of the main native riparian, wetland, and stream currently occur in the uluhe-dominated Hawaiian Islands (O’Connor 1999, p. habitats (e.g., rocks and debris falling in riparian habitat of the flying earwig 1,504), where it is considered an a stream; mechanical damage to riparian Hawaiian damselfly. The threat of aggressive invasive weed of marshes and wetland vegetation), and indirectly

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by creating disturbed areas conducive to stream flow in the Hawaiian Islands, been or continue to be caused by: invasion by nonnative plants that based upon evidence collected by agriculture and urban development; outcompete the native plants used by stream gauging stations. This long-term stream diversion, channelization, and damselflies for perching. We presume drying trend, coupled with existing dewatering; introduced feral pigs; these events also alter microclimatic ditch diversions and periodic El Nin˜ o- introduced plants; and hurricanes, conditions (e.g., opening the tree canopy caused drying events, has created a landslides, and drought. The ongoing that leads to an increase in stream water pattern of severe and persistent stream and likely increasing effects of global temperature; increasing stream dewatering events (Polhemus 2008). climate change are also likely to sedimentation) so that the habitat no Future changes in precipitation and the adversely impact, directly or indirectly, longer supports damselfly populations. forecast of those changes are highly the habitat of these two species. Both the flying earwig Hawaiian uncertain because they depend, in part, Agriculture and urban development, damselfly and the Pacific Hawaiian on how the El Nin˜ o-La Nin˜ a weather to date, have caused the loss of 30 damselfly may also be affected by cycle (a disruption of the ocean percent of Hawaii’s coastal plain temporary habitat loss (e.g., desiccation atmospheric system in the tropical wetlands and 80 to 90 percent of of streams, die-off of uluhe) associated Pacific having important global lowland freshwater habitat in Hawaii. with droughts, which are not consequences for weather and climate) Extensive stream diversions and the uncommon on the Hawaiian Islands. might change (Hawaii Climate Change ongoing dewatering of remaining With populations that have already been Action Plan 1998, pp. 2-10). wetland habitats continue to degrade severely reduced in both abundance and The flying earwig Hawaiian damselfly the quality of Pacific Hawaiian geographic distribution, even such a and the Pacific Hawaiian damselfly may damselfly habitat and its capability to temporary loss of habitat can have a be especially vulnerable to extinction support viable populations of this negative impact on the species. due to anticipated environmental species and may also negatively affect Natural disasters such as hurricanes change that may result from global the habitat of the flying earwig and drought, and local, random climate change. Environmental changes Hawaiian damselfly. Ongoing habitat environmental events (such as that may affect these species are destruction and degradation caused by landslides), represent a significant expected to include habitat loss or feral pigs in remaining tracts of uluhe- threat to native riparian, wetland, and alteration and changes in disturbance dominated riparian habitat promote the stream habitat and the two damselfly regimes (e.g., storms and hurricanes), in establishment and spread of nonnative species addressed in this proposed rule. addition to direct physiological stress plants which, in turn, lower or destroy These types of events are known to caused by increased stream water the capability of the habitat to support cause significant habitat damage (e.g., temperatures to which the native viable populations of the flying earwig Polhemus 1993, p. 86). Because the two Hawaiian damselfly fauna are not Hawaiian damselfly. species addressed in this proposed rule adapted. The probability of a species now persist in low numbers or occur in going extinct as a result of these factors The above threats have caused the restricted ranges, they are more increases when its range is restricted, extirpation of many flying earwig vulnerable to these events and less habitat decreases, and population Hawaiian damselfly and the Pacific resilient to such habitat disturbances. numbers decline (Intergovernmental Hawaiian damselfly populations; as a Hurricanes, drought, and landslides are Panel on Climate Change 2007, p. 8). result, their current ranges are very known and expected to occur at Both of these damselfly species have restricted. The combination of restricted irregular intervals. Therefore, they pose limited environmental tolerances range, limited habitat quantity and an immediate and ongoing threat to the ranges, restricted habitat requirements, quality, and low population size makes two damselfly species and their habitat. small population size, and a low each of these species especially number of individuals. Therefore, we vulnerable to extinction. Thus we Habitat Destruction and Modification by would expect these species to be consider the present or threatened Climate Change particularly vulnerable to projected destruction, modification, or The information currently available environmental impacts that may result curtailment of the habitat and range of on the effects of global climate change from changes in climate, and the flying earwig Hawaiian damselfly does not make sufficiently precise subsequent impacts to their aquatic and and the Pacific Hawaiian damselfly to estimates of the location and magnitude riparian habitats (e.g., Pounds et al. pose an immediate and significant of the effects. Consequently, the exact 1999, pp. 611-612; Still et al. 1999, p. threat to these species. nature of the impacts of climate change 610; Benning et al. 2002, pp. 14,246 and Factor B. Overutilization for and increasing temperatures on native 14,248). We believe changes in Commercial, Recreational, Scientific, or Hawaiian ecosystems, including the environmental conditions that may Educational Purposes aquatic and riparian habitats of the result from climate change will likely flying earwig Hawaiian damselfly and impact these two species and, according Individuals from what may be the the Pacific Hawaiian damselfly, are to current climate projections, we do not single remaining population of the unknown. However, they are likely to anticipate a reduction in this threat any flying earwig Hawaiian damselfly were include the loss of aquatic habitat time in the near future. collected by amateur collectors as through reduced stream flow and recently as the mid-1990s (Polhemus evaporation of standing water, increased Summary of Factor A 2008). Although it is not known how streamwater temperature, and the loss of The effects of past and present many individuals were collected at that native riparian and wetland plants that destruction, modification, and time, Polhemus (2008) believes this comprise the habitat in which these two degradation of native riparian, wetland, incident resulted in a noticeable species occur (Pounds et al. 1999, pp. and stream habitats threaten the decrease in the population size. 611-612; Still et al. 1999, p. 610; continued existence of the flying earwig Furthermore, if there is only one Benning et al. 2002, pp. 14,246 and Hawaiian damselfly and the Pacific population of the species left, the 14,248). Hawaiian damselfly, which depend on decreased reproduction that would Oki (2004, p. 4) has noted long-term these habitats, throughout their result from the removal of potentially evidence of decreased precipitation and respective ranges. These effects have breeding adults would have a

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potentially significant negative impact biological control of insect pests. drier habitat sites, ants are less likely to on the species. Between 1890 and 1985, 243 nonnative occur in high densities in the riparian There is a market for damselflies that species were introduced, sometimes and aquatic habitat currently occupied may serve as an incentive to collect with the specific intent of reducing by the flying earwig Hawaiian damselfly them. There are internet websites that populations of native Hawaiian insects and the Pacific Hawaiian damselfly. offer damselfly specimens or parts (e.g., (Funasaki et al. 1988, p. 105; Lai 1988, However, some species of ants (e.g., the wings) for sale. In addition, the internet pp. 186-187). Nonnative , long-legged ant and Solenopsis abounds with ‘‘how to’’ guides for whether purposefully or accidentally papuana) have increased their range collecting and preserving damselfly introduced, pose a serious threat to into these areas. specimens (e.g., Abbott 2000, pp. 1-3). Hawaii’s native insects, including the The presence of ants in nearly all of After butterflies and large beetles, flying earwig Hawaiian damselfly and the lower elevation habitat sites dragonflies and damselflies are probably the Pacific Hawaiian damselfly, through historically occupied by the flying the most frequently collected insects in direct predation (Howarth and Medeiros earwig Hawaiian damselfly and the the world (Polhemus 2009). A rare 1989, pp. 82-83; Howarth and Ramsay Pacific Hawaiian damselfly may specimen such as the flying earwig 1991, pp. 81-84; Staples and Cowie preclude the future recolonization of Hawaiian damselfly may be particularly 2001, pp. 54-57). these areas by these two species. attractive to potential collectors In addition to the problems posed by Damselfly naiads may be particularly (Polhemus 2008). Based on the history nonnative arthropods, the establishment susceptible to ant predation when they of collection of the flying earwig of various nonnative fish, frogs, and crawl out of the water or seek a Hawaiian damselfly, the market for toads that act as predators on native terrestrial location for their damselfly specimens or parts, and the Hawaiian damselflies has also had a metamorphosis into the adult stage. vulnerability of this small population to serious negative impact on the Pacific Likewise, newly emerged adult the negative impacts of any collection, Hawaiian damselfly and flying earwig damselflies are susceptible to predation we consider the potential Hawaiian damselfly, as discussed until their wings have sufficiently overutilization of the flying earwig below. hardened to permit flight, or when the Hawaiian damselfly to pose an adults are simply resting on vegetation Predation by Nonnative Ants immediate and significant threat to this at night (Polhemus 2008). In 1998, species. Ants are not a natural component of during a survey of an Oahu stream, Unlike the flying earwig Hawaiian Hawaii’s fauna, and the researchers observed predation by ants damselfly, which is restricted to one native species of the islands evolved in upon another damselfly species, the remaining population site and which is the absence of predation pressure from orangeblack Hawaiian damselfly known to have previously been of ants. Ants can be particularly () (Englund interest to enthusiasts destructive predators because of their 2008). (Polhemus 2008), we do not believe high densities, recruitment behavior, The long-legged ant appeared in over-collection is currently a threat to aggressiveness, and broad range of diet Hawaii in 1952, and now occurs on the Pacific Hawaiian damselfly because (Reimer 1993, pp. 17-18). The threat of Kauai, Oahu, Maui, and Hawaii (Reimer it is comparatively more widespread ant predation on the flying earwig et al. 1990, p. 42). It inhabits low to across several population sites on three Hawaiian damselfly and the Pacific midelevation (less than 2,000 ft (600 m)) islands. Hawaiian damselfly is amplified by the rocky areas of moderate rainfall (less fact that most ant species have winged than 100 in (250 cm) annually) (Reimer Factor C. Disease or Predation reproductive adults (Borror et al. 1989, et al. 1990, p. 42). Direct observations The geographic isolation of the p. 738) and can quickly establish new indicate that Hawaiian arthropods are Hawaiian Islands restricted the number colonies in suitable habitats (Staples susceptible to predation by this species. of original successful colonizing and Cowie 2001, p. 55). These attributes Gillespie and Reimer (1993, p. 21) and arthropods and resulted in the allow some ants to destroy otherwise Hardy (1979, p. 34) documented the development of Hawaii’s unusual fauna. geographically isolated populations of impacts to native insects within the Only 15 percent of the known families native arthropods (Nafus 1993, pp. 19, Kipahulu area on Maui after this area of insects are represented by native 22-23). was invaded by the long-legged ant. Hawaiian species (Howarth 1990, p. 11). At least 47 species of ants are known Although only cursory observations Some groups of insects that often to be established in the Hawaiian exist, long-legged ants are thought to be dominate continental arthropod fauna, Islands (Hawaii Ants 2008, pp. 1-11), a threat to populations of the Pacific including social Hymenoptera (e.g., ants and at least 4 particularly aggressive Hawaiian damselfly in mesic areas and wasps) were absent during the species have severely impacted the within its elevation range (Foote 2008). evolution of Hawaii’s unique arthropod native insect fauna, likely including Solenopsis papuana is the only fauna. Commercial shipping and air native damselflies (Zimmerman 1948b, abundant, aggressive ant that has cargo, as well as biological p. 173; Reimer et al. 1990, pp. 40-43; invaded intact mesic to wet forest from introductions to Hawaii, have resulted HEAR database 2005, pp. 1-2): the big sea level to over 2,000 ft (600 m) on all in the establishment of over 3,372 headed ant (Pheidole megacephala), the of the main Hawaiian Islands, and is species of nonnative insects (Howarth long-legged ant (also known as the still expanding its range (Reimer 1993, 1990, p. 18; Staples and Cowie 2001, p. yellow crazy ant) (Anoplolepis p. 14). It is likely, based on our 52), with an estimated continuing gracilipes), Solenopsis papuana (no knowledge of the expanding range of establishment rate of 20 to 30 new common name), and Solenopsis this invasive ant, that it threatens species per year (Beardsley 1962, p. 101; geminata (no common name). populations of the Pacific Hawaiian Beardsley 1979, p. 36; Staples and Numerous other species of ants are damselfly in mesic areas up to 2,000 ft Cowie 2001, p. 52). recognized as threats to Hawaii’s native (600 m) elevation as well (Foote 2008). Nonnative arthropod predators and invertebrates, and an unknown number The rarity or disappearance of native parasites have also been intentionally of new species of ants are established damselfly species, including the two imported and released by individuals every few years (Staples and Cowie species in this proposal, from historical and governmental agencies for 2001, pp. 53). Due to their preference for observation sites over the past 100 years

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is likely due to a variety of factors. other aquatic habitat, the presence of predaceous fish (Macan 1977, p. 48; While there is no documentation that backswimmers in these habitats and the McPeek 1990b, p. 1,714). In laboratory conclusively ties the decrease in concurrent decline of damselfly studies, Englund (1999, p. 232) found damselfly observations to the observation in some areas suggest that that naiads of the orangeblack Hawaiian establishment of nonnative ants in low these nonnative aquatic insects may damselfly and the Pacific Hawaiian to montane, and mesic to wet, habitats have played a role in the decline of damselfly invariably were eaten due to on the Hawaiian Islands, the presence of some damselfly populations, including their behavior of swimming to the water nonnative ants in these habitats and the those of the Pacific Hawaiian damselfly. surface when exposed to two nonnative decline of damselfly observations in We consider predation by nonnative freshwater fish. In the same study, these habitats suggest that nonnative backswimmers to pose a significant and naiads of nonnative damselfly species ants may have played a role in the immediate threat to the Pacific avoided predation by the same fish decline of some populations of the two Hawaiian damselfly since this species species by remaining still and avoiding damselflies that are the subject of this has an aquatic naiad life stage. In surface waters (Englund 1999, p. 232). proposal. addition, the presence of these predators Over 70 species of nonnative fish In summary, observations and reports in damselfly aquatic habitat causes have been introduced into Hawaiian have documented that ants are naiads to reduce foraging, which in turn freshwater habitats (Devick 1991, p. 190; particularly destructive predators reduces their growth, development, and Englund 1999, p. 226; Staples and because of their high densities, broad survival. Backswimmers are reported on Cowie 2001, p. 32; Brasher 2003, p. range of diet, and ability to establish all of the main Hawaiian Islands except 1,054; Englund 2004, p.27; Englund et new colonies in otherwise Kahoolawe. In the absence of the al. 2007, p. 232); at least 51 species are geographically isolated locations elimination or control of nonnative now established in the freshwater because the reproductive adults are able backswimmers, we expect this threat to habitats of Hawaii (Freshwater Fishes of to fly. Damselfly naiads are particularly continue or increase over time. Hawaii 2008). The initial introduction vulnerable to ant predation when they of nonnative fish to Hawaii began with Predation by Nonnative Fish crawl out of water or seek a terrestrial the release of food stock species by location for metamorphosis into adults, Predation by nonnative fish is a Asian immigrants at the turn of the 20th and newly emerged adults are significant threat to Hawaiian damselfly century; however, the impact of these susceptible to predation until they can species with aquatic life stages, such as first introductions to Hawaiian fly. In particular, the long-legged ant the Pacific Hawaiian damselfly. The damselflies cannot be assessed because and Solenopsis papuana are two aquatic naiads tend to rest and feed near they predated the initial collection of aggressive species reported from sea or on the surface of the water, or on damselflies in Hawaii (Perkins 1899, pp. level to 2,000 ft (610 m) in elevation on rocks where they are exposed and 64-76). all of the main Hawaiian Islands. Since vulnerable to predation by nonnative In 1905, three species of fish within their range overlaps that of both fish. Hawaii has only five native the family, including the damselfly species, we consider these freshwater fish species, comprised of mosquito fish (Gambusia affinis) and introduced ants to pose an immediate gobies (Gobiidae) and sleepers the sailfin molly ( latipinna), and significant threat to both damselfly (Eleotridae), that occur on all of the were introduced for biological control of species. Unless these aggressive major islands. Because these native fish mosquitoes (Van Dine 1907, p. 9; nonnative ant predators are eliminated are benthic (bottom) feeders (Kido et al. Englund 1999, p. 225; Brasher 2003, p. or controlled, we expect this threat to 1993, pp. 43-44; Ego 1956, p. 24; 1054). In 1922, several additional continue or increase. Englund 1999, pp. 236-237), Hawaii’s species were introduced for mosquito stream-dwelling damselfly species control, including the green swordtail Predation by Nonnative Backswimmers probably experienced limited natural (Xiphophorus helleri), the moonfish Backswimmers, so-called because predation pressure due to their (Xiphophorus maculatus), and the they swim upside down, are aquatic avoidance of benthic areas in preference guppy (Poecilia reticulata). By 1935, ‘‘true bugs’’ (Heteroptera). for shallow side channels, sidepools, some Oahu damselfly species, including Backswimmers are voracious predators and higher velocity riffles and seeps the orangeblack Hawaiian damselfly, and frequently feed on prey much larger (Englund 1999, pp. 236-237). While fish were becoming less common, and fish than themselves, such as tadpoles, small predation has been an important factor introduced for mosquito control were fish, and other aquatic insects including in the evolution of behavior in the suspected cause of their decline damselfly naiads (Heads 1985, p. 559; damselfly naiads in continental systems (Williams 1936, p. 313; Zimmerman Heads 1986, p. 369). Backswimmers are (Johnson 1991, pp. 8), it is speculated 1948b, p. 341). Current literature clearly not native to Hawaii, but several species that Hawaii’s stream-dwelling indicates that the extirpation of the have been introduced. indica damselflies adapted behaviors to avoid Pacific Hawaiian damselfly from the (no common name) was first collected the benthic feeding habits of native fish majority of its historical habitat sites on on Oahu in the mid-1980s and is species. Additionally, some species of the main Hawaiian Islands is the result presently known from Oahu, Maui, and damselflies, including some of the of predation by nonnative fish (Moore Hawaii. Species of Notonecta are known native Hawaiian species, are not and Gagne 1982, p. 4; Liebherr and to prey on damselfly naiads and the adapted to cohabitate with some fish Polhemus 1997, p. 502; Englund 1999, mere presence of this predator in the species, and are found only in bodies of pp. 235-237; Brasher 2003, p. 1,055; water can cause naiads to reduce water without fish (Henrickson 1988, p. Englund et al. 2007, p. 215; Polhemus foraging (which can reduce naiad 179; McPeek 1990a, p. 83). The naiads 2007, pp. 238-239). From 1946 through growth, development, and survival) of the aquatic Pacific Hawaiian 1961, several additional nonnative fish (Heads 1985, p. 559; Heads 1986, p. damselfly tend to occupy more exposed were introduced for the purpose of 369). While there is no documentation positions and engage in conspicuous controlling nonnative aquatic plants, that conclusively ties the decrease in foraging behavior, thereby increasing and for angling (Brasher 2003, p. 1,054). damselfly observations to the their susceptibility to fish predation In the early 1980s, several additional establishment of nonnative (Englund 1999, p. 232), unlike species of nonnative fish began backswimmers in Hawaiian streams and damselflies which co-evolved with appearing in stream systems, likely

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originating from the aquarium fish trade stream habitat sites free of nonnative Japanese wrinkled frog (Rana rugosa). (Devick 1991, p. 189; Brasher 2003, p. fish. The Pacific Hawaiian damselfly The bullfrog is native to the eastern 1,054). By 1990, there were an was extirpated from Oahu by 1910 United States and the Great Plains additional 14 species of nonnative fish (Liebherr and Polhemus 1997, p. 502), region (Moyle 1973, p. 18; Bury and established in waters on Hawaii, Maui, although Englund (1999, p. 235) found Whelan 1985 in Earlham College 2002, and Molokai. By 2008, there were at that Oahu still has abundant and p. 10), and was first introduced into least 17 nonnative freshwater fish otherwise suitable lowland and coastal Hawaii in 1899 (Bryan 1931, p. 63) to established on one or more of these water habitat to support this species. help control insects, specifically the islands, including several aggressive However, this aquatic habitat is infested nonnative Japanese beetle (Popillia predators and habitat-altering species with nonnative fish, with some japonica), a significant pest of such as the channel catfish (Ictalurus nonnative species occurring up to 1,300 ornamental plants (Bryan 1931, p. 62). punctatus) and cichlids (Tilapia sp.) ft (400 m) elevation. Englund (1999, p. Bullfrogs were first released and quickly (Devick 1991, pp. 191-192; FishBase 236) found that even at sea level, became established in the Hilo region 2008). artificial wetlands (resulting from taro on the island of Hawaii (Bryan 1931, p. Currently, the Pacific Hawaiian cultivation) on the island of Molokai 63). Bullfrogs have demonstrated great damselfly is found only in portions of can support populations of the Pacific success in establishing new populations stream systems without nonnative fish Hawaiian damselfly because nonnative wherever they have been introduced (Liebherr and Polhemus 1997, pp. 493- fish are absent. (Moyle 1973, p. 19), and now occur on 494; Englund 1999, p. 228; Englund Even the geographically isolated the islands of Hawaii, Kauai, Lanai, 2004, p. 27; Englund et al. 2007, p. 215). stream headwaters and other aquatic Maui, Molokai, and Oahu (U.S. There is a strong correlation between habitats where the Pacific Hawaiian Geological Survey 2008b, p. 8). This the absence of nonnative fish species damselfly remains extant are not secure species is flexible in both habitat and and the presence of Hawaiian from the threat of predation by food requirements (Bury and Whelan damselflies in streams on all of the main introduced fish species. There are many 1985 in Earlham College 2002, p. 11), Hawaiian Islands (Englund 1999, p. 225; documented cases of people moving and can utilize any water source within Englund et al. 2007, p. 215), suggesting nonnative fish from one area to another its temperature range (60 to 75 that the damselflies cannot coexist with (Brock 1995, pp. 3-4; Englund 1999, p. oFarenheit (oF) (16 to 24 oCelsius (oC)) nonnative fish. The distribution of some 237). Once nonnative fish species are (DesertUSA 2008). Introduced to areas Hawaiian damselfly species are now introduced to aquatic habitats outside its native range, the bullfrog’s reduced to stream reaches less than 312 previously free of nonnative fish, they primary impact is typically the ft (95 m) in length and that lack invasive often become permanently established elimination of native frog species fish species (Englund 1999, p. 229; (Englund and Filbert 1999, p. 151; (Moyle 1973, p. 21). In Hawaii, where Englund 2004, p. 27). In 2007, a Englund 1999, pp. 232-233; Englund et there are no native frogs, the bullfrog statewide survey that included 15 al. 2007). An example of facilitated fish has not been definitively implicated in streams on the islands of Hawaii, Maui, movement occurred in 2000, when an the extirpation of any particular native and Molokai found that the flying uninformed maintenance worker aquatic species, but Englund et al. earwig Hawaiian damselfly was not introduced Tilapia sp. into pools (2007, pp. 215, 219) found a strong found in streams where the introduced located on the grounds of Tripler correlation between the presence of Mexican molly (Poecilia mexicana) was Hospital that were maintained for the bullfrogs and the absence of Hawaiian present (Englund et al. 2007, pp. 214- benefit of the remaining Oahu damselflies in their 2006 study of 216, 228). On Oahu, researchers found population of the orangeblack Hawaiian streams on all of the main Hawaiian that the Oahu-endemic Hawaiian damselfly (Englund 2000). Islands. As the bullfrog prefers habitats damselflies only occupied habitat sites The continued introduction and with dense vegetation and relatively without nonnative fish. For two of these establishment of new species of calm water (Moyle 1973, p. 19; Bury and species, a geologic or manmade barrier predatory nonnative fish in Hawaiian Whelan 1985 in Earlham College 2002, (e.g., waterfalls, steep gradient, dry waters, and the possible movement of p. 9), it is likely of particular threat to stream midreaches, or constructed these nonnative species to new streams the Pacific Hawaiian damselfly because diversions) appears to prevent access by and other aquatic habitat, is an this species also prefers calm water the nonnative fish species. For this immediate and significant threat to the habitat that is surrounded by dense reason, researchers have recommended survival of the aquatic Pacific Hawaiian vegetation. Capable of breeding within that geologically isolated sites, such as damselfly. Unless nonnative predatory small pools of water, bullfrogs are also isolated anchialine ponds and high- fish are eradicated or effectively a potential threat to the flying earwig gradient streams interrupted by controlled in the habitats utilized by the Hawaiian damselfly within its uluhe- manmade diversions and those entering Pacific Hawaiian damselfly, we have no covered, steep, riparian, moist talus the coast as waterfalls, be used as reason to believe that there will be any slope habitat on Maui. restoration sites for damselflies on all of significant reduction in this threat at Because the effects of possible the Hawaiian Islands (Englund 2004, p. any time in the near future. The flying predation by the cane toad and the 27). earwig Hawaiian damselfly is not Japanese wrinkled frog on the flying Of the two damselfly species known to be threatened by predation earwig Hawaiian damselfly and the considered in this proposal, the aquatic from nonnative fish species, due to its Pacific Hawaiian damselfly are Pacific Hawaiian damselfly appears to presumed more terrestrial habitats. unknown at this time, the magnitude or have had the greatest range contraction significance of this potential threat due to predation by nonnative fish Predation by Introduced Frogs and cannot be determined. (Englund 1999, p. 235; Polhemus 2007, Toads We consider predation by bullfrogs to p. 234, 238-240). Once found on all of Currently, there are three species of pose a significant and immediate threat the main Hawaiian Islands, it is now introduced aquatic amphibians known to the Pacific Hawaiian damselfly, since found only on Molokai, Maui, and one on the Hawaiian Islands: the North Englund et al. (2007, pp. 215, 219) stream on the island of Hawaii below American bullfrog (Rana catesbeiana), found a strong correlation between the 2,000 ft (600 m) in elevation; all are in the cane toad (Bufo marinus), and the presence of predatory nonnative

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bullfrogs and the absence of Hawaiian pose a significant and immediate threat 71 and Administrative Rules of the State damselflies, and the preferred habitat of to the Pacific Hawaiian damselfly due to Water Code, Title 13, Chapter 169). the bullfrog overlaps with that of the its aquatic habit. Currently, the interim instream flow Pacific Hawaiian damselfly. Within its • Englund et al. (2007, pp. 215, 219) standards represent the existing flow riparian habitat, the flying earwig found a strong correlation between the conditions in streams in the State (as of Hawaiian damselfly may also be presence of nonnative bullfrogs and the June 15, 1988, for Molokai, Hawaii, threatened by the bullfrog, which is absence of Hawaiian damselflies. Kauai and east Maui; and October 19, capable of breeding within small pools Bullfrogs are reported on all of the main 1988, for west Maui and leeward Oahu) of water. In the absence of the Hawaiian Islands, except Kahoolawe (Administrative Rules of the State Water elimination or control of nonnative and Niihau. The Pacific Hawaiian Code, Title 13, Chapter 169-44-49). bullfrogs, we expect that this threat will damselfly is likely threatened by However, the State Water Code does not continue or increase in the future. bullfrogs, due to their shared preference provide for permanent or minimal instream flow standards for the Summary of Factor C for similar habitat, and the flying earwig Hawaiian damselfly may also be protection of aquatic wildlife. Instead, Predation by nonnative animal threatened within its riparian habitat by modification of instream flow standards species (ants, backswimmers, fish, and the bullfrog, which is capable of and stream channels can be undertaken bullfrogs) poses an immediate and breeding within small pools of water. at any time by the Water Commission or significant threat to the Pacific and via public petitions to revise flow flying earwig Hawaiian damselflies Factor D. The Inadequacy of Existing standards or modify stream channels in throughout their ranges, for the Regulatory Mechanisms a specified stream (Administrative Rules following reasons: of the State Water Code, Title 13, • Inadequate Habitat Protection Damselfly naiads are vulnerable to Chapter 169-36). Additionally, the Currently, there are no Federal, State, predation by ants, and the ranges of Water Commission must consider or local laws, treaties, or regulations that both the Pacific and flying earwig economic benefits gained from out-of- specifically conserve or protect the Hawaiian damselflies overlap that of stream water uses, and is not required particularly aggressive, nonnative, flying earwig Hawaiian damselfly or the to balance these benefits against predatory ant species that currently Pacific Hawaiian damselfly from the instream benefits to aquatic fish and occur from sea level to 2,000 ft (610 m) threats described in this proposed rule. wildlife. Consequently, any stabilization in elevation on all of the main Hawaiian The State of Hawaii considers all of stream flow for the protection of Islands. We consider both of the natural flowing surface water (streams, Pacific Hawaiian damselfly habitat is Hawaiian damselflies that are the springs, and seeps) as State property subject to modification at a future date. subject of this proposed rule to be (Hawaii Revised Statutes 174c 1987), The natural value of Hawaii’s stream threatened by predation by these and the Hawaii Department of Land and systems has been recognized under the nonnative ants. Natural Resources (DLNR) has State of Hawaii Instream Use Protection • Nonnative backswimmers prey on management responsibility for the Program (Administrative Rules of the damselfly naiads in streams and other aquatic organisms in these waters State Water Code, Title 13, Chapter 169- aquatic habitat, and are considered a (Hawaii Revised Statutes Annotated, 20(2)). In the Hawaii Stream Assessment threat to the Pacific Hawaiian damselfly 1988, Title 12; 1992 Cumulative Report (1990), prepared in coordination since this species has an aquatic naiad Supplement). Thus, damselfly with the National Park Service, the State life stage. In addition, the presence of populations associated with streams, Water Commission identified high backswimmers inhibits the foraging seeps, and springs are under the quality rivers or streams, or portions of behavior of damselfly naiads, with jurisdiction of the State of Hawaii, rivers or streams that may be placed negative consequences for development regardless of the ownership of the within a wild and scenic river system. and survival. Backswimmers are property across which the stream flows. This report recommended that streams reported on all of the main Hawaiian This includes all populations of the meeting certain criteria be protected Islands except Kahoolawe. Pacific Hawaiian damselfly. from further development. However, • The absence of Hawaiian The State of Hawaii manages the use there is no formal or institutional damselflies, including the aquatic of surface and ground water resources mechanism within the State’s Water Pacific Hawaiian damselfly, in streams through the Commission on Water Code to designate and set aside these and other aquatic habitat on the main Resource Management (Water streams, or to identify and protect Hawaiian Islands is strongly correlated Commission), as mandated by the 1987 stream habitat for Hawaiian damselflies. with the presence of predatory State Water Code (State Water Code, Existing Federal regulatory nonnative fish as documented in Hawaii Revised Statutes Chapter 174C- mechanisms that may protect Hawaiian numerous observations and reports 71, 174C-81-87, and 174C-9195 and damselflies and their habitat are also (Englund 1999, p. 237; Englund 2004, p. Administrative Rules of the State Water inadequate. The Federal Energy 27; Englund et al. 2007, p. 215), thereby Code, Title 13, Chapters 168 and 169). Regulatory Commission (FERC) has very suggesting that nonnative predatory In the State Water Code, there are no limited jurisdiction in Hawaii. Hawaii’s fishes eliminate native Hawaiian formal requirements that project streams are isolated on individual damselflies from these aquatic habitats. proponents or the Water Commission islands and run quickly down steep There are over 51 species of nonnative protect the habitats of fish and wildlife volcanic slopes. There are no interstate fishes established in freshwater habitats prior to issuance of a permit to modify rivers in Hawaii, few if any streams on the Hawaiian Islands from sea level surface or ground water resources. crossing Federal land, and no Federal to over 3,800 ft (1,152 m) in elevation The maintenance of instream flow, dams. Hawaii’s streams are generally (Devick 1991, p. 190; Staples and Cowie which is needed to protect the habitat not navigable. Thus, licensing of 2001, p. 32; Brasher 2003, p. 1054; of damselflies and other aquatic hydroelectric projects in Hawaii Englund 1999, p. 226; Englund and wildlife, is regulated by the generally does not come under the Polhemus 2001; Englund 2004, p. 27; establishment of standards on a stream- purview of FERC, although hydropower Englund et al. 2007, p. 232). Predation by-stream basis (State Water Code, developers in Hawaii may voluntarily by nonnative fishes is considered to Hawaii Revised Statutes Chapter 174C- seek licensing under FERC.

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The U.S. Army Corps of Engineers Haleakala National Park. On Molokai, movement of an aquatic species from (COE) also has some regulatory control populations of this damselfly species one watershed to the next may be over modifications of freshwater streams occur at the mouth of Pelekunu Stream, prohibited, there simply is not enough in the United States. For modifications which flows through a preserve government funding to adequately (e.g., discharge of fill) of streams with an managed by The Nature Conservancy, enforce such regulation or to provide for average annual flow greater than 5 cubic and in lower Waikolu Stream, which sufficient inspection services and ft per second (cfs), the COE can issue flows through Kalaupapa National monitoring, although this priority need individual permits under section 404 of Historic Park. However, the landowners is recognized (Cravalho 2009). the Clean Water Act. These permits are do not own the water rights to any of the Furthermore, due to the complexity of subject to public review, and must streams, and thus cannot fully manage the pathways of invasion by aquatic comply with the Environmental the conservation of any of these species (i.e., intentional, inadvertent, Protection Agency’s 404(b)(1) guidelines damselfly populations. and by forces of nature), many and public comment requirements. Because there are currently no components contributing to the problem However, in issuing these permits, the Federal, State, or local laws, treaties, or may be better addressed through greater COE does not establish instream flow regulations that specifically conserve or public outreach and education standards as a matter of policy. The COE protect habitat of the flying earwig (Montgomery 2009). normally considers that the public Hawaiian damselfly or the Pacific On the basis of the above information, interest for instream flow is represented Hawaiian damselfly from the threats existing regulatory mechanisms do not by the state water allocation rights or described in this proposed rule, all of adequately protect the flying earwig preferences (Regulatory Guidance Letter these threats remain immediate and Hawaiian damselfly or the Pacific No 85-6), and project alternatives that significant. The habitat of both species Hawaiian damselfly from the threat of supersede, abrogate, or otherwise impair continues to be reduced, degraded, and established nonnative species the state water quantity allocations are altered by past and present manmade (particularly fish and insect species) not normally addressed as alternatives alterations to streams and riparian zones spreading between islands and during permit review. and by the indirect impacts of nonnative watersheds, where they may prey upon In cases where the COE district plant and animal species to remaining or directly compete with the two engineer does propose to impose habitat areas. damselfly species for food and space. instream flow standard on an individual Because current Federal, State, and local Inadequate Protection from Introduction permit, this flow standard must reflect laws, treaties, and regulations are of Nonnative Species a substantial national interest. inadequate to prevent the spread of Additionally, if this instream flow As discussed above (see Factor C. nonnative aquatic animals between standard is in conflict with a State water Disease or Predation), predation by islands and watersheds, the impacts quantity allocation, then it must be nonnative species (fish, insects, and from these introduced threats remain reviewed and approved by the Office of bullfrogs) is one of the most significant immediate and significant. From the Chief Engineer in Washington, D.C. threats to the survival of the flying habitat-altering nonnative plant species (Regulatory Guidance Letter No 85-6). earwig Hawaiian damselfly and the to predation or competition caused by Currently, the setting of instream flow Pacific Hawaiian damselfly. frogs, nonnative fish, and insect species, standards sufficient to conserve Based on historical and current rates the Pacific Hawaiian damselfly and the Hawaiian damselflies is not a condition of aquatic species introductions (both flying earwig Hawaiian damselfly are that would be considered or included in purposeful and accidental), existing immediately and significantly a Hawaii Department of Agriculture State and Federal regulatory threatened by former and new plant and individual permit (DLNR, Commission mechanisms are not adequately animal introductions within the on Water Resource Management 2006, preventing the spread of nonnative damselflies’ remaining habitat. p. 2). species between islands and watersheds The COE may also authorize the in Hawaii. The Hawaii Department of Summary of Factor D discharge of fill into streams with an Agriculture has administrative rules in The aquatic habitat of the flying average annual flow of less than 5 cfs. place that address importation of earwig and the Pacific Hawaiian These discharges are covered under a nonnative species and establish a permit damselflies is under the jurisdiction of nationwide permit (33 CFR 330). This process for such activities (Hawaii the State of Hawaii, which also has permit is designed to expedite small- Administrative Rules §4-71). The management responsibility for aquatic scale activities that the COE considers to Division of Aquatic Resources within organisms. However, the State Water have only minimal environmental the Hawaii Department of Land and Code has no regulatory mechanism in impacts (33 CFR 330.1(b)). The Service Natural Resources (HDLNR) has place to protect these species or their and the Hawaii DLNR have only 15 days authority to seize, confiscate, or destroy habitat. The State Water Code does not to provide substantive site-specific as a public nuisance, any fish or other provide for permanent or minimum comments prior to the issuance of a aquatic life found in any waters of the instream flow standards for the nationwide permit. Given the State and whose importation is protection of aquatic ecosystems upon complexity of the impacts on Hawaiian prohibited or restricted pursuant to which these damselfly species depend, damselflies from stream modifications rules of the Department of Agriculture and does not contain a regulatory and surface water diversions, the (Section 187A-2(4 H.R.S.§187A-6.5)). mechanism for identifying and remoteness of project sites, and the Although State and Federal regulations protecting damselfly habitat under a types of studies necessary to determine are now firmly in place to prevent the wild and scenic river designation. project impacts and mitigation, this unauthorized entry of nonnative aquatic To date, administration of the Clean limited comment period does not allow species into the State of Hawaii, Water Act permitting program by the time for an adequate assessment of movement of species between islands U.S. Army Corps of Engineers has not impacts. and from one watershed to the next provided substantive protection of One population of the Pacific remains problematic even while damselfly habitat, including any Hawaiian damselfly occurs in Palikea prohibited (HDOA 2003, pp. 2/12 – 2/ requirements for retention of adequate Stream on Maui, which flows through 14). For example, while unauthorized instream flows.

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Existing State and Federal regulatory Hawaiian damselfly species. Both Maui dispersed populations, would be mechanisms are not preventing the and Molokai populations of this species vulnerable to the extirpation of spread of nonnative animal species were analyzed, and results suggested remaining populations; and between islands and watersheds. that the Pacific Hawaiian damselfly may • Species with few populations and a Predation by nonnative animal species not disperse well across both land and small number of individuals, such as poses a major ongoing threat to the water, which may have led to the low the Pacific Hawaiian damselfly and flying earwig and the Pacific Hawaiian genetic diversity observed in the two flying earwig Hawaiian damselfly, are damselflies. Because existing regulatory populations sampled. The authors less resilient to threats that might mechanisms are inadequate to maintain proposed that populations of the Pacific otherwise have a relatively minor aquatic habitat for the damselflies and Hawaiian damselfly be monitored and impact on a larger population. For to prevent the spread of nonnative managed to understand the conservation example, the reduced availability of species, the inadequacy of existing needs of this species and the threat of breeding habitat or an increase in regulatory mechanisms is considered to population bottlenecks (Jordan et al. predation of naiads that might be be a significant and immediate threat. 2007, p. 258). Unfortunately, this study absorbed in a relatively large population did not include an analysis of the flying could result in a significant decrease in Factor E. Other Natural or Manmade earwig Hawaiian damselfly. However, survivorship or reproduction of a Factors Affecting [Their] Continued given that this species may now be relatively small, isolated population. Existence reduced to a single population, the The small population size of these two Small Numbers of Populations and potential loss of genetic diversity is a species thus magnifies the severity of Individuals concern for the flying earwig Hawaiian the impact of the other threats discussed damselfly as well. in this proposed rule. Species that are endemic to single The small number of remaining Conclusion and Proposed Listing islands or known from few, widely populations of the flying earwig Determination dispersed locations are inherently more Hawaiian damselfly (now possibly vulnerable to extinction than reduced to a single remaining We have carefully assessed the best widespread species because of the population) puts this species at scientific and commercial information higher risks from genetic bottlenecks, significant risk of extinction from available regarding the past, present, random demographic fluctuations, stochastic events, such as hurricanes, and future threats to the flying earwig climate change, and localized landslides, or prolonged drought (Jones Hawaiian damselfly and the Pacific catastrophes such as hurricanes, et al. 1984, p. 209). For example, Hawaiian damselfly. We find that both landslides, and drought (Lande 1988, p. Polhemus (1993, p. 87) documented the of these species face immediate and 1,455; Mangel and Tier 1994, p. 607; extirpation of a related damselfly significant threats throughout their Pimm et al. 1988, p. 757). These species, Megalagrion vagabundum, from ranges: problems are further magnified when the entire Hanakapiai Stream system on • Both the Pacific Hawaiian damselfly populations are few and restricted to a Kauai as a result of the impacts from and the flying earwig Hawaiian limited geographic area, and the number Hurricane Iniki in 1992. Such stochastic damselfly face threats from past and of individuals is very small. Populations events thus pose the threat of immediate present destruction, modification, and with these characteristics face an extinction of a species with a very small curtailment of their habitats, primarily increased likelihood of stochastic and geographically restricted from: agriculture and urban extinction due to changes in distribution, as in the case of the flying development; stream diversion, demography, the environment, genetics, earwig Hawaiian damselfly. channelization, and dewatering; feral or other factors, in a process described pigs and nonnative plants; and from as an ‘‘extinction vortex’’ by Gilpin and Summary of Factor E stochastic events like hurricanes, Soule´ (1986, pp. 24-25). Small, isolated The threat to the flying earwig and landslides, and drought. The changing populations often exhibit a reduced Pacific Hawaiian damselflies from environmental conditions that may level of genetic variability or genetic limited numbers of populations and result from climate change (particularly depression due to inbreeding, which individuals is significant and immediate rising temperatures) are also likely to diminishes the species’ capacity to for the following reasons: threaten these two damselfly species adapt and respond to environmental • Each of these species is subject to (compounded because of the two changes, thereby lessening the potentially reduced reproductive vigor species’ small population sizes and probability of long-term persistence due to inbreeding depression, limited distributions), although (e.g., Frankham 2003, pp. S22-S29; particularly the flying earwig Hawaiian currently there is limited information on Soule 1980, pp. 151-169). The problems damselfly which is now apparently the exact nature of these impacts (see associated with small population size restricted to one population; discussion under Factor A). and vulnerability to random • Each of these species is subject to • The only known population of the demographic fluctuations or natural reduced levels of genetic variability that flying earwig Hawaiian damselfly is catastrophes are further magnified by may diminish their capacity to adapt immediately and significantly synergistic interactions with other and respond to environmental changes, threatened by potential recreational threats, such as those discussed above thereby lessening the probability of their collection (Factor B). (Factors A–C). long-term persistence; • Both the flying earwig Hawaiian Jordan et al. (2007, p. 247) showed in • Since there may be only one damselfly and the Pacific Hawaiian their genetic and comparative remaining population of the flying damselfly are subject to an immediate phylogeography analysis (study of earwig Hawaiian damselfly that occurs and significant threat of predation by historical processes responsible for in a relatively restricted geographic nonnative insects (ants) and bullfrogs. genetic divergence within a species) of location, a single catastrophic event, The Pacific Hawaiian damselfly is also four Megalagrion species that the Pacific such as a hurricane or landslide, could similarly threatened by backswimmers Hawaiian damselfly may be more result in the extinction of the species. and nonnative fish (Factor C). susceptible to problems linked to low Likewise, the Pacific Hawaiian • The inadequacy of existing genetic diversity compared to other damselfly, with several small, widely regulatory mechanisms (e.g., inadequate

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protection of stream habitat and actions by Federal, State, Tribal, and restoration (e.g., restoration of native inadequate protection from the local agencies, private organizations, vegetation), research, captive introduction of nonnative species) poses and individuals. The Act encourages propagation and reintroduction, and a threat to both species of Hawaiian cooperation with the States and requires outreach and education. The recovery of damselfly, as discussed under Factor D that recovery actions be carried out for many listed species cannot be above. all listed species. The protection accomplished solely on Federal lands • Both of these species face an required by Federal agencies, and the because their range may occur primarily immediate and significant threat from prohibitions against certain activities or solely on non-Federal lands. To extinction due to factors associated with are discussed, in part, below. achieve recovery of these species small numbers of populations and The primary purpose of the Act is the requires cooperative conservation efforts individuals as discussed under Factor E conservation of endangered and on private and State lands. above. threatened species and the ecosystems If these species are listed, funding for All of the above threats are upon which they depend. The ultimate recovery actions will be available from exacerbated by the inherent goal of such conservation efforts is the a variety of sources, including Federal vulnerability of the flying earwig recovery of these listed species, so that budgets, State programs, and cost share Hawaiian damselfly and the Pacific they no longer need the protective grants for non-Federal landowners, the Hawaiian damselfly to extinction from measures of the Act. Subsection 4(f) of academic community, and non- stochastic events at any time because of the Act requires the Service to develop governmental organizations. In addition, their endemism (indigenousness), small and implement recovery plans for the pursuant to section 6 of the Act, the numbers of individuals and conservation of endangered and State of Hawaii would be eligible for populations, and restricted habitats. threatened species. The recovery Federal funds to implement The Act defines an endangered planning process involves the management actions that promote the species as any species that is ‘‘in danger identification of actions that are protection and recovery of the flying of extinction throughout all or a necessary to halt or reverse the species’ earwig Hawaiian damselfly and the significant portion of its range’’ and a decline by addressing the threats to its Pacific Hawaiian damselfly. Information threatened species as any species ‘‘that survival and recovery. The goal of this on our grant programs that are available is likely to become endangered process is to restore listed species to a to aid species recovery can be found at: throughout all or a significant portion of point where they are secure, self- http://www.fws.gov/grants. its range within the foreseeable future.’’ sustaining, and functioning components Although the flying earwig Hawaiian We find that each of these two species of their ecosystems. damselfly and the Pacific Hawaiian endemic to Hawaii is presently in Recovery planning includes the damselfly are only proposed for listing danger of extinction throughout its development of a recovery outline under the Act at this time, please let us entire range, based on the immediacy, shortly after a species is listed, know if you are interested in severity, and scope of the threats preparation of a draft and final recovery participating in recovery efforts for described above. Therefore, on the basis plan, and revisions to the plan as these species. Additionally, we invite of the best available scientific and significant new information becomes you to submit any new information on commercial information, we propose available. The recovery outline guides these species whenever it becomes listing the flying earwig Hawaiian the immediate implementation of urgent available and any information you may damselfly and the Pacific Hawaiian recovery actions and describes the have for recovery planning purposes damselfly as endangered in accordance process to be used to develop a recovery (see FOR FURTHER INFORMATION CONTACT). with sections 3(6) and 4(a)(1) of the Act. plan. The recovery plan identifies site- Section 7(a) of the Act, as amended, Under the Act and our implementing specific management actions that will requires Federal agencies to evaluate regulations, a species may warrant achieve recovery of the species, their actions with respect to any species listing if it is threatened or endangered measurable criteria that determine when that is proposed or listed as endangered throughout all or a significant portion of a species may be downlisted or delisted, or threatened and with respect to its its range. Each of the two endemic and methods for monitoring recovery critical habitat, if any is designated. damselfly species proposed for listing in progress. Recovery plans also establish Regulations implementing this this rule is highly restricted in its range a framework for agencies to coordinate interagency cooperation provision of the and the threats occur throughout its their recovery efforts and provide Act are codified at 50 CFR part 402. range. Therefore, we assessed the status estimates of the cost of implementing Section 7(a)(4) of the Act requires of each species throughout its entire recovery tasks. Recovery teams Federal agencies to confer with the range. In each case, the threats to the (comprised of species experts, Federal Service on any action that is likely to survival of these species occur and State agencies, non-government jeopardize the continued existence of a throughout the species’ range and are organizations, and stakeholders) are species proposed for listing or result in not restricted to any particular often established to develop recovery destruction or adverse modification of significant portion of that range. plans. When completed, the recovery proposed critical habitat. If a species is Accordingly, our assessment and outline, draft recovery plan, and the listed subsequently, section 7(a)(2) of proposed determination applies to each final recovery plan will be available the Act requires Federal agencies to species throughout its entire range. from our website (http://www.fws.gov/ ensure that activities they authorize, endangered), or from our Pacific Islands fund, or carry out are not likely to Available Conservation Measures Fish and Wildlife Office (see FOR jeopardize the continued existence of Conservation measures provided to FURTHER INFORMATION CONTACT). the species or destroy or adversely species listed as endangered or Implementation of recovery actions modify its critical habitat. If a Federal threatened under the Act include generally requires the participation of a action may affect a listed species or its recognition, recovery actions, broad range of partners, including other critical habitat, the responsible Federal requirements for Federal protection, and Federal agencies, States, non- agency must enter into formal prohibitions against certain activities. governmental organizations, businesses, consultation with the Service. Recognition through listing results in and private landowners. Examples of Federal agency actions within the public awareness and conservation recovery actions include habitat species’ habitat that may require

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conference or consultation or both as section 9 of the Act. The intent of this afforded to these species by listing them described in the preceding paragraph policy is to increase public awareness of as endangered species will be reinforced include, but are not limited to: Army the effect of a proposed listing on and supplemented by protection under Corps of Engineers involvement in proposed and ongoing activities within State law. projects, such as the construction of the range of species proposed for listing. Critical Habitat roads, bridges, and dredging projects, The following activities could subject to section 404 of the Clean Water potentially result in a violation of Background Act (33 U.S.C. 1251 et seq.) and section section 9 of the Act; this list is not Critical habitat is defined in section 3 10 of the Rivers and Harbors Act of 1899 comprehensive: of the Act as: (1) Unauthorized collecting, handling, (33 U.S.C. 401 et seq.); U.S. (i) The specific areas within the possessing, selling, delivering, carrying, Environmental Protection Agency geographical area occupied by a species, or transporting of the species, including authorized discharges under the at the time it is listed in accordance National Pollutant Discharge import or export across State lines and with the Act, on which are found those Elimination System (NPDES); U.S. international boundaries, except for physical or biological features properly documented antique Department of Agriculture involvement (I) essential to the conservation of the in the release or permitting of the specimens of these taxa at least 100 species and years old, as defined by section 10(h)(1) release of biological control agents (II) which may require special of the Act; under the Federal Plant Pest Act (7 management considerations or U.S.C. 150aa-150jj); military training (2) Introduction of nonnative species protection; and and related activity carried out by the that compete with or prey upon the two damselflies, such as the introduction of (ii) specific areas outside the U.S. Department of Defense; and geographical area occupied by the projects by the Natural Resources competing, nonnative insects or species at the time it is listed, upon a Conservation Service, National Park predatory fish to the State of Hawaii; determination that such areas are Service, U.S. Fish and Wildlife Service, (3) The unauthorized release of essential for the conservation of the Federal Highways Administration, and biological control agents that attack any species. the U.S. Department of Housing and life stage of these species; Conservation, as defined under Urban Development. (4) Unauthorized modification of the The Act and its implementing channel or water flow of any stream or section 3 of the Act, means to use and regulations set forth a series of general removal or destruction of emergent the use of all methods and procedures prohibitions and exceptions that apply aquatic vegetation in any body of water that are necessary to bring an to all endangered and threatened in which the flying earwig Hawaiian endangered or threatened species to the wildlife. The prohibitions of section damselfly and the Pacific Hawaiian point at which the measures provided 9(a)(2) of the Act, codified at 50 CFR damselfly are known to occur; and under the Act are no longer necessary. 17.21 for endangered wildlife, in part, (5) Unauthorized discharge of Such methods and procedures include, make it illegal for any person subject to chemicals or fill material into any but are not limited to, all activities the jurisdiction of the United States to waters in which the flying earwig associated with scientific resources take (includes harass, harm, pursue, Hawaiian damselfly and the Pacific management such as research, census, hunt, shoot, wound, kill, trap, capture, Hawaiian damselfly are known to occur. law enforcement, habitat acquisition or collect, or attempt any of these), Questions regarding whether specific and maintenance, propagation, live import, export, ship in interstate activities would constitute a violation of trapping, and transplantation, and, in commerce in the course of a commercial section 9 of the Act should be directed the extraordinary case where population activity, or sell or offer for sale in to the Pacific Islands Fish and Wildlife pressures within a given ecosystem interstate or foreign commerce any Office (see FOR FURTHER INFORMATION cannot be otherwise relieved, may listed species. It is also illegal to CONTACT). Requests for copies of the include regulated taking. possess, sell, deliver, carry, transport, or regulations concerning listed animals Critical habitat receives protection ship any such wildlife that has been and general inquiries regarding under section 7 of the Act through the taken illegally. Certain exceptions apply prohibitions and permits may be prohibition against Federal agencies to our agents and State conservation addressed to the U.S. Fish and Wildlife carrying out, funding, or authorizing the agencies. Service, Endangered Species Permits, destruction or adverse modification of We may issue permits to carry out 911 N.E. 11th Avenue, Portland, OR critical habitat. Section 7(a)(2) of the Act otherwise prohibited activities 97232-4181 (telephone 503-231-2063; requires consultation on Federal actions involving endangered and threatened facsimile 503-231-6243). that may affect critical habitat. The wildlife species under certain If these two Hawaiian damselflies are designation of critical habitat does not circumstances. Regulations governing listed under the Act, the State of affect land ownership or establish a permits are codified at 50 CFR 17.22 for Hawaii’s Endangered Species Act (HRS, refuge, wilderness, reserve, preserve, or endangered species, and at 17.32 for Sect. 195D–4(a)) is automatically other conservation area. Such threatened species. With regard to invoked, which would also prohibit take designation does not allow the endangered wildlife, a permit must be of these species and encourage government or public access to private issued for the following purposes: for conservation by State government lands. Such designation does not scientific purposes, to enhance the agencies. Further, the State may enter require implementation of restoration, propagation or survival of the species, into agreements with Federal agencies recovery, or enhancement measures by and for incidental take in connection to administer and manage any area the landowner. Where a landowner with otherwise lawful activities. required for the conservation, seeks or requests Federal agency It is our policy, as published in the management, enhancement, or funding or authorization that may affect Federal Register on July 1, 1994 (59 FR protection of endangered species (HRS, a listed species or critical habitat, the 34272), to identify to the maximum Sect. 195D–5(c)). Funds for these consultation requirements of section extent practicable at the time a species activities could be made available under 7(a)(2) of the Act would apply, but even is listed, those activities that would or section 6 of the Act (Cooperation with in the event of a destruction or adverse would not constitute a violation of the States). Thus, the Federal protection modification finding, the Federal action

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agency’s and landowner’s obligation is not be required for recovery of the people from causing inadvertent harm not to restore or recover the species, but species. to the species. to implement reasonable and prudent Areas that are important to the The primary regulatory effect of alternatives to avoid destruction or conservation of the species, but are critical habitat is the section 7(a)(2) adverse modification of the critical outside the critical habitat designation, requirement that Federal agencies habitat. will continue to be subject to refrain from taking any action that For inclusion in a critical habitat conservation actions we implement destroys or adversely modifies critical designation, habitat within the under section 7(a)(1) of the Act. Areas habitat. On the island of Maui, one geographical area occupied by the that support populations are also subject population of the Pacific Hawaiian species at the time it was listed must to the regulatory protections afforded by damselfly occurs in a stream that flows contain the physical and biological the section 7(a)(2) jeopardy standard, as through Haleakala National Park, and on features essential to the conservation of determined on the basis of the best the island of Molokai, one population of the species, and be included only if available scientific information at the this species occurs in the lower section those features may require special time of the agency action. Federally of a stream that flows through management considerations or funded or permitted projects affecting Kalaupapa National Historical Park. The protection. Critical habitat designations listed species outside their designated National Park Service regulations and identify, to the extent known using the critical habitat areas may still result in Federal laws protect all animals in best scientific and commercial data jeopardy findings in some cases. national parks from harassment or available, habitat areas containing the Similarly, critical habitat designations destruction. Nevertheless, lands that physical and biological features, which made on the basis of the best available may be designated as critical habitat in are the Primary Constituent Elements information at the time of designation the future for this species may be (PCEs) laid out in the appropriate will not control the direction and subject to Federal actions that trigger the quantity and spatial arrangement that substance of future recovery plans, section 7 consultation requirement, are essential to the conservation of the habitat conservation plans (HCPs), or such as the granting of Federal monies species. Under the Act and regulations other species conservation planning for conservation projects or the need for at 50 CFR 424.12, we can designate efforts if new information available at Federal permits for projects, such as the critical habitat in areas outside the the time of these planning efforts construction and maintenance of geographical area occupied by the warrants otherwise. aqueducts and bridges subject to section species at the time it is listed only when we determine that those areas are Prudency Determination 404 of the Clean Water Act (33 U.S.C. essential for the conservation of the 1251 et seq.). There may also be some Section 4(a)(3) of the Act, as species and that designation limited to educational or informational benefits to amended, and implementing regulations those areas occupied at the time of the designation of critical habitat. (50 CFR 424.12) require that, to the listing would be inadequate to ensure Educational benefits include the maximum extent prudent and the conservation of the species. notification of landowners, land Section 4 of the Act requires that we determinable, the Secretary designate managers, and the general public of the designate critical habitat on the basis of critical habitat at the time a species is importance of protecting the habitat of the best scientific and commercial data determined to be endangered or these species. Critical habitat may play available. Further, our Policy on threatened. Our regulations (50 CFR a role in protecting habitat for future Information Standards Under the 424.12(a)(1)) state that designation of reintroductions of a species as well. For Endangered Species Act (published in critical habitat is not prudent when one example, although the flying earwig the Federal Register on July 1, 1994 (59 or both of the following situations exist: Hawaiian damselfly formerly inhabited FR 34271)), the Information Quality Act (1) The species is threatened by taking areas that are not currently occupied by (section 515 of the Treasury and General or other human activity, and the species, if those currently Government Appropriations Act for identification of critical habitat can be unoccupied areas are determined to be Fiscal Year 2001 (Pub.L. 106-554; H.R. expected to increase the degree of threat essential to the survival and recovery of 5658)), and our associated Information to the species, or (2) such designation of the species, they may be proposed for Quality Guidelines, provide criteria, critical habitat would not be beneficial designation of critical habitat. This establish procedures, and provide to the species. would alert the public that these areas guidance to ensure that our decisions In the absence of finding that the are important for the future recovery of are based on the best scientific data designation of critical habitat would the species, as well as invoke the available. They require our biologists, to increase threats to a species, if there are protection of these areas under section the extent consistent with the Act and any benefits to a critical habitat 7 of the Act with regard to any possible with the use of the best scientific data designation, then a prudent finding is Federal actions in that area. These available, to use primary and original warranted. We find that the designation aspects of critical habitat designation sources of information as the basis for of critical habitat for the two damselfly would potentially benefit the recommendations to designate critical species addressed in this rule will conservation of both the flying earwig habitat. benefit them by: (1) Triggering Hawaiian damselfly and the Pacific Habitat is often dynamic, and species consultation under section 7 of the Act Hawaiian damselfly. Although may move from one area to another over for Federal actions where consultation collection has been identified as a threat time. Furthermore, we recognize that would not otherwise occur because, for to the flying earwig Hawaiian damselfly, critical habitat designated at a particular example, the affected area has become we believe that collection poses a point in time may not include all of the unoccupied by the species or the potential threat to this rare species habitat areas that we may later occupancy is in question; (2) focusing regardless of the designation of critical determine are necessary for the recovery conservation efforts on the most habitat. Therefore, since we have of the species. For these reasons, a essential habitat features and areas; (3) determined that the identification of critical habitat designation does not providing educational benefits about the critical habitat will not increase the signal that habitat outside the species to State or county governments degree of threats to these species and designated area is unimportant or may or private entities; and (4) preventing because the designation may provide

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some measure of benefit, we find that We are currently unable to identify requirements of the flying earwig designation of critical habitat is prudent the physical and biological features that Hawaiian damselfly and the Pacific for both the flying earwig Hawaiian are considered essential to the Hawaiian damselfly to facilitate damselfly and the Pacific Hawaiian conservation of either damselfly species, identification of essential features and damselfly. because information on these is not areas. We will evaluate the needs of the available at this time. Key features of the flying earwig Hawaiian damselfly and Critical Habitat Determinability life histories of these damselfly species, the Pacific Hawaiian damselfly within As stated above, section 4(a)(3) of the such as longevity, larval stage the ecological context of the broader Act requires the designation of critical requirements, and fecundity, remain ecosystems in which they occur, similar habitat concurrently with the species’ unknown. The aquatic and associated to the approach that we recently used in listing ‘‘to the maximum extent prudent upland habitats where the populations our proposal to designate critical habitat and determinable.’’ Our regulations at of the Pacific Hawaiian damselfly are for 47 species endemic to the island of 50 CFR 424.12(a)(2) state that critical found have been modified and altered Kauai (October 21, 2008; 73 FR 62592), habitat is not determinable when one or by development and agriculture; stream and will consider the utility of using both of the following situations exist: diversions, channelization, dewatering; this approach for these species as well. (A) Information sufficient to perform and nonnative plants. In addition, Peer Review required analyses of the impacts of the introduced ants, backswimmers, designation is lacking, or bullfrogs, and predatory nonnative fish In accordance with our joint policy (B) The biological needs of the species have altered and degraded the habitat published in the Federal Register on are not sufficiently well known to for the Pacific Hawaiian damselfly. July 1, 1994 (59 FR 34270), we will seek permit identification of an area as Likewise, the uluhe moist talus slope the expert opinions of at least three critical habitat. habitats where populations of the flying appropriate independent specialists When critical habitat is not earwig Hawaiian damselfly once regarding this proposed rule. The determinable, the Act provides for an occurred have been modified and purpose of peer review is to ensure that additional year to publish a critical altered by agriculture; stream our proposed rule is based on habitat designation (16 U.S.C. diversions, channelization, dewatering; scientifically sound data, assumptions, 1533(b)(6)(C)(ii)). and the presence of feral pigs, nonnative and analyses. We have posted our In accordance with section 3(5)(A)(i) plants, and introduced ants and proposed peer review plan on our and 4(b)(1)(A) of the Act and the bullfrogs. Historically, both of these website at http://www.fws.gov/pacific/ regulations at 50 CFR 424.12, in damselfly species were much more informationquality/index.htm. We will determining which areas occupied by widespread and occurred in habitats send these peer reviewers copies of this the species at the time of listing to found on several different islands. proposed rule, immediately following designate as critical habitat, we consider Because over a century has elapsed publication in the Federal Register. We the physical and biological features since these species were observed in an have invited these peer reviewers to essential to the conservation of the unaltered environment, the optimal comment during this public comment species which may require special conditions that provide the biological or period on our specific assumptions and management considerations or ecological requisites of these species are conclusions in this proposal to list two protection. These include, but are not not known. As described above, we can Hawaiian damselfly species as limited to: surmise that habitat degradation from a endangered and our decision regarding (1) Space for individual and variety of factors and predation by a critical habitat for these species. population growth, and for normal We will consider all comments and number of nonnative species has behavior; information we receive during the contributed to the decline of these (2) Food, water, air, light, minerals, or comment period on this proposed rule species; however, we do not know the other nutritional or physiological during preparation of a final physical or biological features that are requirements; determination. Accordingly, the final essential for either of the two (3) Cover or shelter; decision may differ from this proposal. (4) Sites for breeding, reproduction, damselflies addressed in this proposed rearing (or development) of offspring; rule. As we are unable to identify the Public Hearings and generally physical and biological features The Act provides for one or more (5) Habitats that are protected from essential to the conservation of these public hearings on this proposal, if disturbance or are representative of the species, we are unable to identify areas requested. Requests must be received historical geographical and ecological that contain these features. within 45 days after the date of of distributions of a species. Although we have determined that publication of this proposal in the As required by 50 CFR 424.12(b), we the designation of critical habitat is Federal Register. Such requests must be are to list the known primary prudent for the flying earwig Hawaiian sent to the address shown in the FOR constituent elements (PCEs) with our damselfly and the Pacific Hawaiian FURTHER INFORMATION CONTACT section. description of critical habitat. The the damselfly, the biological needs of these We will schedule public hearings on physical and biological features are the species are not sufficiently well known this proposal, if any are requested, and PCEs laid out in the appropriate to permit identification of the physical announce the dates, times, and places of quantity and spatial arrangement, which and biological features that may be the hearing, as well as how to obtain are essential to the conservation of the essential for the conservation of the reasonable accommodations, in the species. These may be based upon, but species, or those areas essential to the Federal Register and local newspapers are not limited to: roost sites, nesting conservation of the species. Therefore, at least 15 days before the hearing. grounds, spawning sites, feeding sites, we find that critical habitat for the Persons needing reasonable seasonal wetlands or drylands, water flying earwig Hawaiian damselfly and accommodations to attend and quality or quantity, vegetation type, the Pacific Hawaiian damselfly is not participate in a public hearing should plant host species and associated determinable at this time. We intend to contact the Pacific Islands Fish and pollinators, geological formations, tides, continue gathering information Wildlife Office at 808-792-9400, as soon and specific soil types. regarding the essential life history as possible. To allow sufficient time to

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process requests, please call no later Paperwork Reduction Act of 1995 (44 Author(s) than one week before the hearing date. U.S.C. 3501 et seq.) The primary authors of this document Information regarding this proposed This rule does not contain any new rule is available in alternative formats are the staff members of the Pacific collections of information that require Islands Fish and Wildlife Office. upon request. approval by Office of Management and List of Subjects in 50 CFR Part 17 Required Determinations Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 Clarity of the Rule et seq.). This rule will not impose Endangered and threatened species, recordkeeping or reporting requirements Exports, Imports, Reporting and We are required by Executive Orders on State or local governments, recordkeeping requirements, and 12866 and 12988 and by the individuals, businesses, or Transportation. Presidential Memorandum of June 1, organizations. An agency may not 1998, to write all rules in plain conduct or sponsor, and a person is not Proposed Regulation Promulgation language. This means that each rule we required to respond to, a collection of Accordingly, we propose to amend publish must: information unless it displays a part 17, subchapter B of chapter I, title (a) Be logically organized; currently valid OMB control number. 50 of the Code of Federal Regulations, (b) Use the active voice to address National Environmental Policy Act as set forth below: readers directly; We have determined that PART 17—[AMENDED] (c) Use clear language rather than environmental assessments and 1. The authority citation for part 17 jargon; environmental impact statements, as defined under the authority of the continues to read as follows: (d) Be divided into short sections and National Environmental Policy Act of Authority: 16 U.S.C. 1361-1407; 16 sentences; and 1969, need not be prepared in U.S.C. 1531-1544; 16 U.S.C. 4201-4245; (e) Use lists and tables wherever connection with regulations adopted Pub. L. 99-625, 100 Stat. 3500; unless possible. pursuant to section 4(a) of the Act. We otherwise noted. published a notice outlining our reasons If you feel that we have not met these 2. Amend § 17.11(h) by adding entries for this determination in the Federal for ‘‘Damselfly, flying earwig Hawaiian’’ requirements, send us comments by one Register on October 25, 1983 (48 FR of the methods listed in the 49244). and ‘‘Damselfly, Pacific Hawaiian’’ to ‘‘ADDRESSES’’ section. To better help us the List of Endangered and Threatened revise the rule, your comments should References Cited Wildlife in alphabetical order under be as specific as possible. For example, A complete list of all references cited Insects to read as follows: you should tell us the numbers of the in this rule is available on the Internet §17.11 Endangered and threatened sections or paragraphs that are unclearly at http://www.regulations.gov or upon wildlife. written, which sections or sentences are request from the Field Supervisor, too long, the sections where you feel Pacific Islands Fish and Wildlife Office * * * * * lists or tables would be useful, etc. (see FOR FURTHER INFORMATION CONTACT). (h) * * *

Species Vertebrate population Historic where endangered or Status When listed Critical habitat Special rules Common name Scientific name range threatened

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Damselfly, flying Megalagrion U.S.A. NA E TBD NA NA earwig nesiotes (HI) Hawaiian

Damselfly, Megalagrion U.S.A. NA E TBD NA NA Pacific pacificum (HI) Hawaiian

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Dated: June 25, 2009. This generally means that we will post by the coqui llanero, we also request Marvin E. Moriarty, any personal information you provide data and information on what may Acting Director, U.S. Fish and Wildlife Service us (see the Information Solicited section constitute physical or biological features [FR Doc. E9–16087 Filed 7–7– 09; 8:45 am] below for more details). essential to the conservation of the BILLING CODE 4310–55–S FOR FURTHER INFORMATION CONTACT: species, where these features are Edwin E. Mun˜ iz, Field Supervisor, currently found, and whether any of Caribbean Ecological Services Field these features may require special DEPARTMENT OF THE INTERIOR Office, P.O. Box 491, Boquero´n, PR management considerations or 00622; by telephone, (787) 851–7297; or protection. In addition, we request data Fish and Wildlife Service by facsimile, (787) 851–7440. Persons and information regarding whether who use a telecommunications device there are areas outside the geographical 50 CFR Part 17 for the deaf (TDD) may call the Federal area occupied by the species that are essential to the conservation of the [FWS–R4–ES–2009–0022; 92210–1117–000– Information Relay Service (FIRS) at B4] 800–877–8339. species. Please provide specific comments and information as to what, SUPPLEMENTARY INFORMATION: Endangered and Threatened Wildlife if any, critical habitat you think we and Plants; 90–Day Finding on a Information Solicited should propose for designation if the Petition To List the Coqui Llanero When we make a finding that a species is proposed for listing, and why such habitat meets the requirements of (Eleutherodactylus juanariveroi) as petition presents substantial the Act. Endangered information indicating that listing a Please note that submissions merely species may be warranted, the Act (16 AGENCY: Fish and Wildlife Service, stating support for or opposition to the Interior. U.S.C. 1531 et seq.) requires us to action under consideration without promptly commence a review of the providing supporting information, ACTION: Notice of petition finding and status of the species. To ensure that the initiation of status review. although noted, will not be considered status review is complete and based on in making a determination, as section SUMMARY: We, the U.S. Fish and the best available scientific and 4(b)(1)(A) of the Act (16 U.S.C. 1531 et Wildlife Service (the Service), announce commercial information, we seek seq.) directs that determinations as to a 90-day finding on a petition to list information on the coqui llanero. We whether any species is a threatened or coqui llanero (Eleutherodactylus request information from the public, endangered species must be made juanariveroi), a tree frog, as threatened other concerned governmental agencies, ‘‘solely on the basis of the best scientific or endangered under the Endangered Native American Tribes, the scientific and commercial data available.’’ Based Species Act of 1973, as amended (Act). community, industry, or any other on the status review, we will issue a 12- Following our review of the petition, we interested parties concerning the status month finding on the petition, as find that it provides substantial of the coqui llanero. We seek provided in section 4(b)(3)(B) of the Act. scientific or commercial information information regarding: You may submit your information indicating that listing this species may (1) The species’ historical and current concerning this status review by one of be warranted. Therefore, with the status and distribution, its biology and the methods listed in the ADDRESSES publication of this notice, we initiate a ecology, and ongoing conservation section. status review to determine if listing the measures for the species and its habitat; If you submit information via http:// coqui llanero is warranted. To ensure (2) Information relevant to the factors www.regulations.gov, your entire that the status review is comprehensive, that are the basis for our making any submission—including any personal we request scientific and commercial listing determination for a species under identifying information—will be posted data and other information regarding section 4(a) of the Act, which are: on the Web site. If your submission is this species. We will initiate a (a) The present or threatened made via a hardcopy that includes determination on critical habitat for this destruction, modification, or personal identifying information, you species if and when we initiate a listing curtailment of the species’ habitat or may request at the top of your document action. range; that we withhold your personal (b) overutilization for commercial, DATES: information from public review. We made the finding announced recreational, scientific, or educational in this document on July 8, 2009. To However, we cannot guarantee that we purposes; will be able to do so. We will post all allow us adequate time to conduct this (c) disease or predation; review, we request that information be hardcopy comments on http:// (d) the inadequacy of existing www.regulations.gov. submitted on or before September 8, regulatory mechanisms; or 2009. Information and materials we receive, (e) other natural or manmade factors as well as supporting documentation we ADDRESSES: You may submit affecting its continued existence and used in preparing this finding, will be information by one of the following threats to the species or its habitat; and available for public inspection on http:// methods: (3) Information on the effects of www.regulations.gov, or by • Federal eRulemaking Portal: http:// climate change, sea-level change, and appointment, during normal business www.regulations.gov. Follow the water temperature change on the hours, at the U.S. Caribbean Ecological instructions for submitting comments. distribution and abundance of the Services Field Office (see FOR FURTHER • U.S. mail or hand-delivery: Public species. INFORMATION CONTACT section). Comments Processing, Attn: FWS–R4– If we determine that listing the ES–2009–0022; Division of Policy and species is warranted, we intend to Background Directives Management; U.S. Fish and propose critical habitat to the maximum Section 4(b)(3)(A) of the Act requires Wildlife Service; 4401 N. Fairfax Drive, extent prudent and determinable at the that we make a finding on whether a Suite 222, Arlington, VA 22203. time we propose the listing. Therefore, petition to list, delist, or reclassify a We will post all information we with regard to areas within the species presents substantial scientific or receive on http://www.regulations.gov. geographical range currently occupied commercial information indicating that

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