Vol. 78 Tuesday, No. 209 October 29, 2013

Part III

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and ; Determination of Endangered Species Status for 15 Species on Island; Final Rule

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DEPARTMENT OF THE INTERIOR Executive Summary provided additional information, Why we need to publish a rule. This clarifications, and suggestions to Fish and Wildlife Service is a final rule to list 15 species (13 improve this final rule. One peer plants, 1 (picture-wing ), and 1 reviewer recommended further surveys 50 CFR Part 17 ( shrimp)) for the anchialine pool shrimp, and a [Docket No. FWS–R1–ES–2012–0070; from the island of Hawaii, in the State second shrimp reviewer commented 4500030113] of Hawaii, as endangered species. In that we should proceed with caution addition, in this final rule, we also regarding listing the shrimp due to the RIN 1018–AY09 recognize a taxonomic change for one lack of biological information. A endangered species, and revise the response to all peer review comments is Endangered and Threatened Wildlife provided elsewhere in this final rule. and Plants; Determination of List of Endangered and Threatened Endangered Species Status for 15 Plants accordingly. The final critical habitat designation Species on Hawaii Island The basis for our action. Under the for micrantha ssp. ctenophylla, Act, we determine that a species is an Isodendrion pyrifolium, and AGENCY: Fish and Wildlife Service, endangered or threatened species based Mezoneuron kavaiense, as proposed in Interior. on any of five factors: (A) The present the Federal Register (77 FR 63928; ACTION: Final rule. or threatened destruction, modification, October 17, 2012), is still under or curtailment of its habitat or range; (B) development and undergoing agency SUMMARY: We, the U.S. Fish and overutilization for commercial, review. It will publish in the near future Wildlife Service (Service), determine recreational, scientific, or educational in the Federal Register under Docket endangered species status under the purposes; (C) disease or predation; (D) No. FWS–R1–ES–2013–0028. Endangered Species Act of 1973 (Act), the inadequacy of existing regulatory Previous Federal Actions as amended, for 15 species on the island mechanisms; or (E) other natural or of Hawaii. In addition, we are manmade factors affecting its continued Federal actions for these species prior recognizing a taxonomic change for one existence. We have determined that the to October 17, 2012, are outlined in our Hawaiian plant currently listed as an 15 Hawaii Island species are currently proposed rule (77 FR 63928), which was endangered species and revising the List in danger of extinction throughout all published on that date. Publication of of Endangered and Threatened Plants their ranges as the result of ongoing the proposed rule opened a 60-day accordingly. The effect of this regulation threats that include the destruction and comment period, which closed on is to conserve these species under the modification of habitat from nonnative December 17, 2012. In addition, we Act. feral ungulates (e.g., pigs, goats); published a public notice of the DATES: This rule is effective on competition with nonnative plant and proposed rule on October 20, 2012, in November 29, 2013. species; agricultural and urban the local Star Advertiser, West development; wildfire, erosion, drought, ADDRESSES: This final rule is available Hawaii Today, and the Hawaii Tribune and hurricanes; climate change; on the Internet at http:// Herald newspapers. On April 30, 2013, predation and herbivory; the www.regulations.gov and http:// we published in the Federal Register a inadequacy of existing regulatory www.fws.gov/pacificislands. Comments document (78 FR 25243) that made mechanisms; human dumping of and materials received, as well as available and requested public nonnative fish and trash; small numbers supporting documentation used in comments on the draft economic of individuals and populations; preparing this final rule, are available analysis for the October 17, 2012, hybridization; the lack of reproduction for public inspection, by appointment, proposed critical habitat designation (77 in the wild; loss of host plants; and during normal business hours, at U.S. FR 63928); announced a public competition with nonnative tipulid Fish and Wildlife Service, Pacific information meeting and hearing to be (large crane flies). We fully considered Islands Fish and Wildlife Office, 300 held in Kailua-Kona, Hawaii Island, on comments from the public, including Ala Moana Boulevard, Room 3–122, May 15, 2013; and reopened the comments we received during a public Honolulu, HI 96850; by telephone at comment period on the October 17, hearing, and comments we received 808–792–9400; or by facsimile at 808– 2012, proposed rule for an additional 30 from peer reviewers, on the proposed 792–9581. days. This second comment period rule. closed on May 30, 2013. In total, we FOR FURTHER INFORMATION CONTACT: Peer reviewers support our methods. accepted public comments on the Loyal Mehrhoff, Field Supervisor, U.S. We obtained opinions from 11 October 17, 2012, proposed rule for 90 Fish and Wildlife Service, Pacific knowledgeable individuals with days. Islands Fish and Wildlife Office, 300 scientific expertise to review our Ala Moana Boulevard, Room 3–122, technical assumptions, to review our Background Honolulu, HI 96850; by telephone at analysis, and to determine whether or Hawaii Island Species Addressed in 808–792–9400; or by facsimile at 808– not we used the best available This Final Rule 792–9581. If you use a information. Nine (2 plant reviewers, 2 telecommunications device for the deaf picture-wing fly reviewers, and 5 of the The table below (Table 1) provides the (TDD), call the Federal Information 7 anchialine pool shrimp reviewers) of scientific name, common name, and Relay Service (FIRS) at 800–877–8339. these 11 peer reviewers generally listing status for the species that are the SUPPLEMENTARY INFORMATION: concurred with our methods and subjects of this final rule.

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TABLE 1—THE HAWAII ISLAND SPECIES ADDRESSED IN THIS FINAL RULE [Note that many of the species share the same common name]

Scientific name Common name(s) Listing status

Plants: Bidens hillebrandiana ssp. hillebrandiana ...... kookoolau ...... Endangered. Bidens micrantha ssp. ctenophylla ...... kookoolau ...... Endangered. Cyanea marksii ...... haha ...... Endangered. Cyanea tritomantha ...... aku ...... Endangered. nanawaleensis ...... haiwale ...... Endangered. Cyrtandra wagneri ...... haiwale ...... Endangered. Mezoneuron kavaiense (taxonomic change accepted) (Formerly listed as uhiuhi ...... Endangered—Listed in Caesalpinia kavaiense). 1986. Phyllostegia floribunda ...... NCN 1 ...... Endangered. Pittosporum hawaiiense ...... hoawa, haawa ...... Endangered. Platydesma remyi ...... NCN ...... Endangered. lanigera ...... loulu ...... Endangered. Schiedea diffusa ssp. macraei ...... NCN ...... Endangered. Schiedea hawaiiensis ...... NCN ...... Endangered. Stenogyne cranwelliae ...... NCN ...... Endangered. : Drosophila digressa ...... picture-wing fly ...... Endangered. Vetericaris chaceorum ...... anchialine pool shrimp ...... Endangered 1 NCN = no common name.

Taxonomic Change Since Listing for An Ecosystem-Based Approach to ecosystems. Those efforts would One Plant Species Listing 15 Species on Hawaii Island facilitate restoration of ecosystem functionality for the recovery of each We listed Mezoneuron kavaiense as On the island of Hawaii, as on most of the , native species species, and provide conservation an endangered species in 1986 (51 FR that occur in the same habitat types benefits for associated native species, 24672; July 8, 1986), based on the (ecosystems) depend on many of the thereby potentially precluding the need taxonomic treatment of Hillebrand same biological features and the to list other species under the Act that (1888, pp. 110–111). Following the successful functioning of that ecosystem occur in these shared ecosystems. In reduction of Mezoneuron to Caesalpinia to survive. We have therefore organized addition, this approach is in accord by Hattink (1974, p. 5), Geesink et al. the species addressed in this final rule with the primary stated purpose of the (1990, pp. 646–647) changed the name by common ecosystem. Although the Act (see section 2(b)): ‘‘to provide a to Caesalpinia kavaiensis. In 1989, the listing determination for each species is means whereby the ecosystems upon List of Endangered and Threatened analyzed separately, we have organized which endangered species and Plants (List) was revised to identify the the individual analysis for each species threatened species depend may be listed entity as Caesalpinia kavaiense, within the context of the broader conserved.’’ although the specific epithet was ecosystem in which it occurs to avoid We are listing the plants Bidens misspelled in the List (at that time the redundancy. In addition, native species hillebrandiana ssp. hillebrandiana, correct spelling for this entity was that share ecosystems often face a suite Bidens micrantha ssp. ctenophylla, Caesalpinia kavaiensis). Recent of common factors that may be a threat Cyanea marksii, Cyanea tritomantha, phylogenetic studies support separation to them, and ameliorating or eliminating Cyrtandra nanawaleensis, Cyrtandra of Mezoneuron from Caesalpinia these threats for each individual species wagneri, Phyllostegia floribunda, (Bruneau et al. 2008, p. 710). The often requires the exact same Pittosporum hawaiiense, Platydesma remyi, Pritchardia lanigera, Schiedea recognized scientific name for this management actions in the exact same areas. Effective management of these diffusa ssp. macraei, Schidea species is Mezoneuron kavaiense threats often requires implementation of hawaiiensis, and Stenogyne cranwelliae; (Wagner et al. 2012, p. 37). The range of conservation actions at the ecosystem and the animals Drosophila digressa the species between the time of listing scale to enhance or restore critical and Vetericaris chaceorum, from Hawaii and now has not changed. Therefore, we ecological processes and provide for Island as endangered species. These 15 recognize the listed species as long-term viability of those species in species (13 plants, 1 anchialine pool Mezoneuron kavaiense. We are their native environment. Thus, by shrimp, and 1 picture-wing fly) are amending the List to reflect this taking this approach, we hope not only found in 10 ecosystem types: anchialine taxonomic change, but this amendment to organize this final rule efficiently, but pool, coastal, lowland dry, lowland does not in any way change the listed also to more effectively focus mesic, lowland wet, montane dry, entity or its protections under the Act conservation management efforts on the montane mesic, montane wet, dry cliff, (16 U.S.C. 1531 et seq.). common threats that occur across these and wet cliff (Table 2).

TABLE 2—THE 15 HAWAII ISLAND SPECIES AND THE ECOSYSTEMS UPON WHICH THEY DEPEND

Species Ecosystem Plants Animals

Anchialine Pool ...... Vetericaris chaceorum.

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TABLE 2—THE 15 HAWAII ISLAND SPECIES AND THE ECOSYSTEMS UPON WHICH THEY DEPEND—Continued

Species Ecosystem Plants Animals

Coastal ...... Bidens hillebrandiana ssp. hillebrandiana. Lowland Dry ...... Bidens micrantha ssp. ctenophylla. Lowland Mesic ...... Pittosporum hawaiiense ...... Drosophila digressa. Pritchardia lanigera. Lowland Wet ...... Cyanea marksii. Cyanea tritomantha. Cyrtandra nanawaleensis. Cyrtandra wagneri. Phyllostegia floribunda. Platydesma remyi. Pritchardia lanigera. Montane Dry ...... Schiedea hawaiiensis. Montane Mesic ...... Phyllostegia floribunda ...... Drosophila digressa. Pittosporum hawaiiense. Montane Wet ...... Cyanea marksii ...... Drosophila digressa. Cyanea tritomantha. Phyllostegia floribunda. Pittosporum hawaiiense. Platydesma remyi. Pritchardia lanigera. Schiedea diffusa ssp. macraei. Stenogyne cranwelliae. Dry Cliff ...... Bidens hillebrandiana ssp. hillebrandiana. Wet Cliff ...... Cyanea tritomantha. Pritchardia lanigera. Stenogyne cranwelliae.

For each species, we identified and anchialine pool ecosystem described in sources either saline or fresh, but have evaluated those factors that adversely the proposed rule (77 FR 63928; October subterranean hydrologic connections to impact the species and that may be 17, 2012); therefore, we have included both fresh and ocean water where water common to all of the species at the the revised version in its entirety in this flows through cracks and crevices, and ecosystem level. For example, the final rule (see Hawaii Island remain tidally influenced (Holthuis degradation of habitat by nonnative Ecosystems, below). 1973, p. 3; Stock 1986, p. 91). ungulates is considered a threat to all 15 Hawaii Island Ecosystems Anchialine habitats are ecologically species, and is likely a threat to many, distinct and unique, and while widely if not most or all, of the native species There are 12 different ecosystems distributed throughout the world, they within a given ecosystem. We consider (anchialine pool, coastal, lowland dry, only occur in the United States in the such a threat factor to be an ‘‘ecosystem- lowland mesic, lowland wet, montane Hawaiian Islands (Brock 2004, pp. i, 2, level threat,’’ as each individual species dry, montane mesic, montane wet, and 12). In Hawaii, the anchialine pool within that ecosystem faces a threat that subalpine, alpine, dry cliff, and wet ecosystem has been reported from Oahu, is essentially identical in terms of the cliff) recognized on the island of Molokai, , Kahoolawe, and Hawaii nature of the impact, its severity, its Hawaii. The 15 species addressed in Island. In the Hawaiian Islands, there timing, and its scope. Beyond this final rule occur in 10 of these 12 are estimated to be 600 to 700 ecosystem-level threats, we further ecosystems (none of the 15 species are anchialine pools, with the majority identified and evaluated threat factors reported in subalpine and alpine occurring on the island of Hawaii (Brock that may be unique to certain species ecosystems). The 10 Hawaii Island 2004, p. i). Over 80 percent of the State’s and that do not apply to all species ecosystems that support the 15 species anchialine pools are found on the island under consideration within the same are described in the proposed rule (77 of Hawaii, with a total of approximately ecosystem. For example, the threat of FR 63928; October 17, 2012), with the 520 to 560 pools distributed over 130 predation by nonnative wasps is unique exception of a revised description of the sites along all but the island’s to the picture-wing fly Drosophila anchialine pool ecosystem below; see northernmost and steeper northeastern digressa, and is not applicable to any of Table 2 (above) for a list of the species shorelines. Characteristic animal species the other 14 species. We have identified that occur in each ecosystem type. include (e.g., , such threat factors, which apply only to prawns, amphipods, isopods, etc.), Anchialine Pools certain species within the ecosystems several fish species, mollusks, and other addressed here, as ‘‘species-specific Anchialine pools are land-locked invertebrates adapted to the pools’ threats.’’ bodies of water that have indirect surface and subterranean habitats (Brock Please refer to the proposed rule (77 underground connections to the sea, 2004, p. i; The Nature Conservancy FR 63928; October 17, 2012) for a contain varying levels of salinity, and (TNC) 2009, pp. 1–3). Generally, description of the island of Hawaii and show tidal fluctuations in water level. vegetation within the anchialine pools associated map, and for a description of Anchialine pool habitats can be consists of various types of algal forms the 10 ecosystems on Hawaii Island that distinguished from similar systems (i.e., (blue-green, green, red, and golden- support the 15 species. We have made tidal pools) in that they are land-locked brown). The majority of Hawaii’s minor revisions to our description of the with no surface connections to water anchialine pools occur in bare or

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sparsely vegetated lava fields, although individuals. The largest occurrence is 400 individuals in the lowland wet, some pools occur in areas with various found off Hina Lani Road with over 475 montane wet, and wet cliff ecosystems: groundcover, , and species individuals widely dispersed 10 occurrences (totaling fewer than 240 (Chai et al. 1989, pp. 2–24; Brock 2004, throughout the area (Zimpfer 2011, in individuals) in the Kohala Mountains p. 35). The anchialine pool shrimp in litt.). Another occurrence at Kealakehe (Perlman 1993, in litt.; Perlman 1995a, this final rule, Vetericaris chaceorum, was reported to have been abundant and in litt.; Perlman and Wood 1996, pp. 1– occurs in this ecosystem (Kensley and common in 1992, but by 2010 had 14; HBMP 2010f; PEPP 2010, p. 60); 2 Williams 1986, pp. 417–437). declined to low numbers (Whister 2007, occurrences (totaling fewer than 75 pp. 1–18; Bio 2008, in litt.; HBMP Description of the 15 Species individuals) in the Laupahoehoe 2010b; Whister 2008, pp. 1–11). In Natural Area Reserve (NAR) (HBMP Below is a brief description of each of addition, there are three naturally 2010f; Bio 2011, pers. comm.); 1 the 15 species, presented in alphabetical occurring individuals in Kaloko– occurrence (20 adults and 30 juveniles) order by . Plants are presented Honokohau National Historical Park at Puu Makaala NAR (Perlman and Bio first, followed by animals. (NHP) (Beavers 2010, in litt.), and three 2008, in litt.; Agorastos 2010, in litt.; Plants occurrences within close proximity to HBMP 2010f; Bio 2011, pers. comm.); 1 each other to the northeast of the park: occurrence with 10 to 20 individuals off In order to avoid confusion regarding Five individuals in an exclosure at Tom’s Trail in the Upper Waiakea the number of locations of each species Puuwaawaa Wildlife Sanctuary (HBMP Forest Reserve FR (Perlman and Bio (a location does not necessarily 2010b); a few scattered individuals at 2008, in litt.; Perry 2012, in litt.); and 2 represent a viable population, as in Kaupulehu; and a few individuals on occurrences (totaling fewer than 11 some cases there may only be one or a private land at Palani Ranch (Whistler individuals) in Olaa Tract in Hawaii very few representatives of the species 2007, pp. 1–18; Whistler 2008, pp. 1– present), we use the word ‘‘occurrence’’ Volcanoes National Park HVNP (Pratt 11). Bidens micrantha ssp. ctenophylla 2007a, in litt.; Pratt 2008a, in litt.; instead of ‘‘population.’’ Each has also been outplanted within occurrence is composed only of wild Orlando 2012, in litt.). In 2003, over 75 Kaloko–Honokohau NHP (49 individuals were outplanted in HVNP’s (i.e., not propagated and outplanted) individuals), Koaia Tree Sanctuary (1 individuals. Olaa Tract and Small Tract; however, by individual), and Puuwaawaa (5 2010, less than one third of these Bidens hillebrandiana ssp. individuals) (Boston 2008, in litt.; hillebrandiana (kookoolau), a perennial individuals remained (Pratt 2011a, in HBMP 2010b; Billings 2012, in litt.). litt.). In addition, a few individuals have herb in the sunflower family Cyanea marksii (haha), a shrub in the (), occurs only on the island been outplanted at Puu Makaala NAR bellflower family (Campanulaceae), is and Upper Waiakea FR (Hawaii of Hawaii (Ganders and Nagata 1999, found only on the island of Hawaii. pp. 275–276). Historically, B. Department of Land and Natural Historically, C. marksii was known from Resources (HDLNR) 2006; Belfield 2007, hillebrandiana ssp. hillebrandiana was the Kona district, in the lowland wet known from two locations along the in litt.; Agorastos 2010, in litt.). Cyanea and montane wet ecosystems (Lammers tritomantha produces few , and windward Kohala coastline, in the 1999, p. 457; HBMP 2010e). Currently, coastal and dry cliff ecosystems, often their viability tends to be low (Moriyasu there are 27 individuals distributed 2009, in litt.) along rocks just above the ocean among 3 occurrences in south Kona, in (Degener and Wiebke 1926, in litt.; the lowland wet and montane wet Cyrtandra nanawaleensis (haiwale), a Flynn 1988, in litt.). Currently, there are ecosystems (PEPP 2007, p. 61). There is shrub or small tree in the African violet two known occurrences of B. an adult and 20 to 30 juveniles (each family (), is known only hillebrandiana ssp. hillebrandiana approximately 1 inch (in) (2.54 from the island of Hawaii (Wagner and totaling 40 or fewer individuals along centimeters (cm) tall)) in a lava tube in Herbst 2003, p. 29; Wagner et al. the windward Kohala coast, in the the Kona unit of the Hakalau National 2005a—Flora of the Hawaiian Islands coastal and dry cliff ecosystems. There Wildlife Refuge (NWR) (PEPP 2007, p. database). Historically, C. are 30 individuals on the Pololu 61), 3 adult individuals and 6 seedlings nanawaleensis was known only from seacliffs, and 5 to 10 individuals on the in the Kaohe pit crater in the South the Nanawale FR and the adjacent seacliffs between Pololu and Honokane Kona FR (Perry 2012, in litt.), and 25 Malama Ki FR in the Puna district, in Nui (Perlman 1998, in litt.; Perlman individuals on private land in south the lowland wet ecosystem (St. John 2006, in litt.). Biologists speculate that Kona (PEPP 2007, p. 61; Bio 2011, pers. 1987, p. 500; Wagner et al. 1988, in litt.; this species may total as many as 100 comm.). Fruit has been collected from HBMP 2010g; Pratt 2011b, in litt.). individuals with further surveys of the individuals on private land, and 11 Currently, C. nanawaleensis is known potential habitat along the Kohala coast plants have been successfully from 5 occurrences with approximately (Mitchell et al. 2005b; PEPP 2006, p. 3). propagated at the Volcano Rare Plant 160 individuals in the lowland wet Bidens micrantha ssp. ctenophylla Facility (VRPF) (PEPP 2007, p. 61; Bio ecosystem: 2 occurrences in Malama Ki (kookoolau), a perennial herb in the 2011, pers. comm.). FR totaling 70 individuals (Lau 2011, sunflower family (Asteraceae), occurs Cyanea tritomantha (aku), a palmlike pers. comm.); 1 occurrence in only on the island of Hawaii (Ganders shrub in the bellflower family Keauohana FR (with 56 individuals) and Nagata 1999, pp. 271, 273). (Campanulaceae), is known only from (Magnacca 2011a, in litt.); 2 occurrences Historically, B. micrantha ssp. the island of Hawaii (Pratt and Abbott in the Halepuaa section of Nanawale FR ctenophylla was known from the north 1997, p. 13; Lammers 2004, p. 89). (one with 28 mature and 65 immature Kona district, in the lowland dry Historically, this species was known plants at 200 feet (ft) (61 meters (m)) ecosystem (HBMP 2010b). Currently, from the windward slopes of Mauna elevation, and a second occurrence with this subspecies is restricted to an area of Kea, Mauna Loa, Kilauea, and the 9 mature and 57 immature plants at 270 less than 10 square miles (sq mi) (26 Kohala Mountains, in the lowland wet, ft (82 m)) (Johansen 2012, in litt.; Kobsa square kilometers (sq km)) on the montane wet, and wet cliff ecosystems 2012, in litt.; Perry 2012, in litt.); and 1 leeward slopes of Hualalai volcano, in (Pratt and Abbott 1997, p. 13). occurrence with an unknown number of the lowland dry ecosystem in 6 Currently, there are 16 occurrences of individuals on private lands in lower occurrences totaling fewer than 1,000 Cyanea tritomantha totaling fewer than Puna (Perry 2012, in litt.). A total of

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approximately 56 individuals have been occurrence behind the Volcano solid individuals) scattered within the outplanted in Halepuaa and Keauhana waste transfer station (10 to 50 Kahuku unit of HVNP; 1 occurrence in (Perry 2012, in litt.). individuals) (Flynn 1984, in litt.; the Olaa FR (at least one individual), Cyrtandra wagneri (haiwale), a shrub Perlman and Wood 1993—Hawaii Plant just adjacent to the Olaa Tract in HVNP; or small tree in the African violet family Conservation Maps database; Pratt and 1 occurrence (with fewer than 6 (Gesneriaceae), occurs only on the 2007b, in litt.; HBMP 2010h); 1 individuals) at the Volcano solid waste island of Hawaii (Lorence and Perlman occurrence (with an unknown number transfer station (Wood and Perlman 2007, p. 357). Historically, C. wagneri individuals) in the Wao Kele O Puna 1991, in litt.; McDaniel 2011a, in litt.; was known from a few individuals NAR (HBMP 2010h); 1 occurrence with McDaniel 2011b, in litt.; Pratt 2011d, in along the steep banks of the 20 individuals in a fenced exclosure in litt.). Biologists have observed very low Kaiwilahilahi Stream in the the Upper Waiakea FR (Perry 2012, in regeneration in these occurrences, Laupahoehoe NAR, in the lowland wet litt.); at least 1 occurrence each (with a which is believed to be caused, in part, ecosystem (Perlman et al. 1998, in litt.). few individuals each) in the Puu by rat predation on the seeds (Bio 2011, In 2002, there were 2 known Makaala NAR, Waiakea FR, and TNC’s pers. comm.). occurrences totaling fewer than 175 Kona Hema Preserve (PR) (Perry 2006, Platydesma remyi (NCN), a shrub or individuals in the Laupahoehoe NAR: in litt.; Perlman 2007, in litt.; Giffin shrubby tree in the rue family One occurrence (totaling 150 2009, in litt.; PEPP 2008, pp. 106–107; (Rutaceae), occurs only on the island of individuals (50 adults and 100 Perlman et al. 2008, in litt.; Pratt 2008a, Hawaii (Stone et al. 1999, p. 1210; juveniles)) along the steep banks of the in litt.; Pratt 2008b, in litt.; Agorastos USFWS 2010, pp. 4–66—4–67, A–11, Kilau Stream (Lorence et al. 2002, in 2010, in litt.); 2 occurrences (each with A–74). Historically, P. remyi was known litt.; Perlman and Perry 2003, in litt.; an unknown number of individuals) from a few scattered individuals on the Lorence and Perlman 2007, p. 359), and from the South Kona FR; 1 occurrence windward slopes of the Kohala a second occurrence (with (one individual) in the Kipahoehoe Mountains and several small approximately 10 sterile individuals) NAR; and 1 occurrence (with an populations on the windward slopes of along the slopes of the Kaiwilahilahi unknown number of individuals) in the Mauna Kea, in the lowland wet and stream banks (Lorence and Perlman Lapauhoehoe NAR (Moriyasu 2009, in montane wet ecosystems (Stone et al. 2007, p. 359). Currently, there are no litt.; HBMP 2010h; Agorastos 2010, in 1999, p. 1210; HBMP 2010i). Currently, individuals remaining at Kaiwilahilahi litt.). Since 2003, over 400 individuals P. remyi is known from 8 occurrences Stream, and the individuals at Kilau have been outplanted at HVNP, Waiakea totaling fewer than 40 individuals, all of Stream appear to be hybridizing with FR, Puu Makaala NAR, Honomalino in which are found in the Laupahoehoe the endangered Cyrtandra tintinnabula. TNC’s Kona Hema PR, and Kipahoehoe NAR or in closely surrounding areas, in Biologists have identified only eight NAR (Bruegmann 2006, in litt.; HDLNR the lowland wet and montane wet individuals at Kilau Stream that express 2006, p. 38; Tangalin 2006, in litt.; ecosystems: Along the banks of the true phenotype of Cyrtandra Belfield 2007, in litt.; Pratt 2007b, in Kaiwilahilahi Stream in the wagneri, and only three of these litt.; VRPF 2008, in litt.; VRPF 2010, in Laupahoehoe NAR (unknown number of individuals are reproducing litt.; Bio 2008, in litt.; Agorastos 2010, individuals) (Perlman and Perry 2001, successfully (PEPP 2010, p. 102; Bio in litt.). However, for reasons unknown, in litt.; Bio 2008, in litt.; HBMP 2010i); 2011, pers. comm.). approximately 90 percent of the near the Spencer Hunter Trail in the Phyllostegia floribunda (NCN), a Laupahoehoe NAR (fewer than 17 outplantings experience high seedling perennial herb in the mint family individuals) (PEPP 2010, p. 102); in the mortality (Pratt 2007b, in litt.; Van (Lamiaceae), is found only on the island central part of the Laupahoehoe NAR (5 DeMark et al. 2010, pp. 24–43). of Hawaii (Wagner 1999, p. 268; Wagner to 6 scattered individuals) (HBMP et al. 1999b, p. 815). Historically, P. Pittosporum hawaiiense (hoawa, 2010i); near Kilau (1 to 3 individuals) floribunda was reported in the lowland haawa), a small tree in the pittosporum and Pahale (1 to 3 individuals) Streams wet, montane mesic, and montane wet family (Pittosporaceae), is known only in Laupahoehoe NAR; in the ecosystems at scattered sites along the from the island of Hawaii (Wagner et al. southeastern region of Laupahoehoe slopes of the Kohala Mountains; 1999c, p. 1,044). Historically, P. NAR (1 individual); in the Hakalau unit southeast through Hamakua, hawaiiense was known from the of the Hakalau NWR (1 individual) Laupahoehoe NAR, Waiakea FR, and leeward side of the island, from the (USFWS 2010, p. 4–74—4–75); and in Upper Waiakea FR; and southward into Kohala Mountains south to Kau, in the the Humuula region of the Hilo FR (2 Hilo, HVNP, and Puna. One report lowland mesic, montane mesic, and individuals) (Bruegmann 1998, in litt.; exists of the species occurring from montane wet ecosystems (Wagner et al. Bio 2008, in litt.; PEPP 2008, p. 107; north Kona and a few occurrences in 1999c, p. 1,044). Currently, there are 14 HBMP 2010i). According to field south Kona (Cuddihy et al. 1982, in litt.; known occurrences totaling fewer than biologists, this species appears to be Wagner et al. 2005b—Flora of the 175 individuals, from HVNP to Puu O declining with no regeneration believed Hawaiian Islands database; Perlman et Umi NAR, and south Kona, in the to be caused, in part, by rat predation on al. 2008, in litt.; HBMP 2010h; Bishop lowland mesic, montane mesic, and the seeds (Bio 2011, pers. comm.). In Museum 2011—Herbarium Database). montane wet ecosystems: 1 occurrence 2009, 29 individuals of P. remyi were Currently, there are 12 known in Puu O Umi NAR (several scattered outplanted in Laupahoehoe NAR (Bio occurrences of P. floribunda totaling individuals) (Perlman 1995b, in litt.); 1 2008, in litt.). Their current status is fewer than 100 individuals, in the occurrence (with a least one individual) unknown. lowland wet, montane mesic, and in TNC’s Kona Hema PR (Oppenheimer Pritchardia lanigera (loulu), a montane wet ecosystems (Bruegmann et al. 1998, in litt.); 1 occurrence with medium-sized tree in the palm family 1998, in litt.; Giffin 2009, in litt.; HBMP 50 to 100 individuals at Kukuiopae in (), is found only on the island 2010h): 2 occurrences within HVNP, at the South Kona FR (Perlman and Perry of Hawaii (Read and Hodel 1999, p. Kamoamoa (1 individual) (HBMP 2002, in litt.; Perry 2012, in litt.); 1 1,371; Hodel 2007, pp. 10, 24–25). 2010h) and near Napau Crater (4 occurrence (with a few individuals) in Historically, P. lanigera was known individuals) (Pratt 2005, in litt.; Pratt the Manuka NAR (Perry 2011, in litt.); from the Kohala Mountains, Hamakua 2007b, in litt.; HBMP 2010h); 1 8 occurrences (totaling fewer than 58 district, windward slopes of Mauna Kea,

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and southern slopes of Mauna Loa, in Waawaa, and Kipuka Oweowe (Evans Adults live for 1 to 2 months. The adult the lowland mesic, lowland wet, 2011, in litt.). flies are generalist microbivores montane wet, and wet cliff ecosystems Stenogyne cranwelliae (NCN), a vine (microbe eating) and feed upon a variety (Read and Hodel 1999, p. 1,371; HBMP in the mint family (Lamiaceae), is of decomposing plant material. 2010c). Currently, P. lanigera is known known only from the island of Hawaii. Drosophila digressa occurs in elevations from 8 occurrences totaling fewer than Historically, S. cranwelliae was known ranging from approximately 2,000 to 230 individuals scattered along the from the Kohala Mountains, in the 4,500 ft (610 to 1,370 m), in the lowland windward side of the Kohala montane wet and wet cliff ecosystems mesic, montane mesic, and montane wet Mountains, Kau FR, and TNC Kau (Weller and Sakai 1999, p. 837). ecosystems (Magnacca 2011a, pers. Preserve, in the lowland mesic, lowland Currently, there are 6 occurrences of S. comm.). Historically, D. digressa was wet, montane wet, and wet cliff cranwelliae totaling fewer than 160 known from six sites: Moanuiahea pit ecosystems. Approximately 100 to 200 individuals in the Kohala Mountains, in crater on Hualalai, Papa in South Kona, individuals are scattered over 1 sq mi (3 the montane wet and wet cliff Manuka FR, Kipuka 9 along Saddle sq km) in Waimanu Valley and ecosystems: Roughly 1.5 sq mi (2.5 sq Road, Bird Park in HVNP, and Olaa FR surrounding areas (Wood 1995, in litt.; km) around the border between the Puu (Montgomery 1975, p. 98; Magnacca Perlman and Wood 1996, p. 6; Wood O Umi NAR and Kohala FR, near 2006, pers. comm.; HBMP 2010d; 1998, in litt.; Perlman et al. 2004, in litt.; streams and bogs (ranging from 3 to 100 Magnacca 2011b, in litt.; Kaneshiro HBMP 2010c). There are at least five scattered individuals) (Perlman and 2013, in litt.). Currently, D. digressa is individuals in the back rim of Alakahi Wood 1996, pp. 1–14; HBMP 2010k); known from only two locations, one Gulch in Waipio Valley (HBMP 2010c), Opaeloa, in the Puu O Umi NAR (3 population in the Manuka NAR within and five individuals in the Kau FR individuals) (Perlman and Wood 1996, the Manuka FR, in the lowland mesic (Perry 2013, in litt.) According to field pp. 1–14; HBMP 2010k); Puukapu, in and montane mesic ecosystems, and a biologists, pollination rates appear to be the Puu O Umi NAR (6-by-6-ft (2-by-2- second population in the Olaa FR in the low for this species, and the absence of m) ‘‘patch’’ of individuals) (HBMP montane wet ecosystem (Magnacca seedlings and juveniles at known 2010k); the rim of Kawainui Gulch (1 2011b, in litt.). The current number of locations suggests that regeneration is individual) (Perlman and Wood 1996, individuals at each of these locations is not occurring, which they believe to be pp. 1–14; HBMP 2010k); along unknown (Magnacca 2011b, in. litt.). caused, in part, by beetle, rat, and pig Kohakohau Stream, in the Puu O Umi Vetericaris chaceorum (anchialine predation on the fruits, seeds, and NAR (a few individuals) (Perlman and pool shrimp) is a member of the family seedlings (Bio 2011, pers. comm.; Wood 1996, pp. 1–14; HBMP 2010k); Procarididae, and is considered one of Crysdale 2013, pers. comm.). and Waimanu Bog Unit in the Puu O Schiedea diffusa ssp. macraei (NCN), Umi NAR (a ‘‘patch’’ of individuals) the most primitive shrimp species in the a perennial climbing herb in the pink (Agorastos 2010, in litt.) world (Kensley and Williams 1986, pp. family (Caryophyllaceae), is reported 428–429). Currently known from only Animals only from the island of Hawaii (Wagner two locations on the island of Hawaii, et al. 2005c—Flowering Plants of the Drosophila digressa (picture-wing V. chaceorum is one of seven described Hawaiian Islands database; Wagner et fly), a member of the family species of (underground) al. 2005d, p. 106). Historically, S. Drosophilidae, was described in 1968 by shrimp found in the Hawaiian Islands diffusa ssp. macraei was known from Hardy and Kaneshiro and is found only that occur in anchialine pools (Brock the Kohala Mountains, the windward on the island of Hawaii (Hardy and 2004, p. 6). Relatively large in size for slopes of Mauna Loa, and the Olaa Tract Kaneshiro 1968, pp. 180–1882; Carson a hypogeal shrimp species, adult of HVNP, in the montane wet ecosystem 1986, p. 3–9). This species is small, with Vetericaris chaceorum measure (Perlman et al. 2001, in litt.; Wagner et adults ranging in size from 0.15 to 0.19 approximately 2.0 in (5.0 cm) in total al. 2005d, p. 106; HBMP 2010j). in (4.0 to 5.0 mm) in length. Adults are body length, excluding the primary Currently, there is one individual of S. brownish yellow in color and have antennae, which are approximately the diffusa ssp. macraei on the slopes of Eke yellow-colored legs and hyaline (shiny- same length as the adult’s body length in the Kohala Mountains, in the clear) wings with prominent brown (Kensley and Williams 1986, p. 419). montane wet ecosystem (Wagner et al. spots. Breeding generally occurs year The species lacks large chelapeds 2005d, p. 106; Bio 2011, pers. comm.). round, but egg laying and larval (claws) (Kensley and Williams 1986, p. Schiedea hawaiiensis (NCN), a development increase following the 426), which are a key diagnostic perennial herb or subshrub in the pink rainy season as the availability of characteristic of all other known shrimp family (Caryophyllaceae), is known only decaying matter, which picture-wing species. V. chaceorum is largely devoid from the island of Hawaii (Wagner et al. flies feed on, increases in response to of pigment and lacks eyes, although 2005d, pp. 92–96). Historically, S. heavy rains. In contrast to most eyestalks are present (Kensley and hawaiiensis was known from a single continental Drosophilidae, many Williams 1986, p. 419). Observations of collection by Hillebrand (1888, p. 33) endemic Hawaiian species are highly Vetericaris chaceorum indicate the from the Waimea region, in the montane host-plant-specific (Magnacca et al. species is a strong swimmer and propels dry ecosystem (Wagner et al. 2005d, pp. 2008, p. 1). Drosophila digressa relies its body forward in an upright manner 92–96). Currently, S. hawaiiensis is on the decaying stems of Charpentiera with its appendages held in a basket known from 25 to 40 individuals on the spp. and Pisonia spp. for oviposition (to formation below the body. Forward U.S. Army’s Pohakuloa Training Area deposit or lay eggs) and larval substrate movement is produced by a rhythmic (PTA) in the montane dry ecosystem, in (Magnacca et al. 2008, pp. 11, 13; movement of the thoracic and the saddle area between Moana Loa and Magnacca 2013, in litt.). The larvae abdominal appendages, and during Mauna Kea (Gon III and Tierney 1996 in complete development in the decaying capture of some specimens, V. Wagner et al. 2005d, p. 92; Wagner et al. tissue before dropping to the soil to chaceorum escape tactics included only 2005d, p. 92; Evans 2011, in litt.). In pupate (Montgomery 1975, pp. 65–103; forward movement and a notable lack of addition, there are over 150 individuals Spieth 1986, p. 105). Pupae develop into tail flicking, which would allow outplanted at PTA (Kipuka Alala and adults in approximately 1 month, and backward movement and which is Kalawamauna), Puu Huluhulu, Puu adults sexually mature 1 month later. common to other shrimp species

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(Kensley and Williams 1986, p. 426). No 2012, pp. 83–95; Wada 2012, pers. and night, which resulted in the response was observed when the species comm.; Wada et al. 2012, pp. 1–2; discovery of Vetericaris chaceorum in 4 was exposed to light (Kensley and Sakihara 2013 in litt.). In total, only five of the pools surveyed. Three of the Williams 1986, p. 418). individuals have been observed during pools are within Manuka NAR, and one The feeding habits of Vetericaris one survey period in 1985 at Lua o pool is adjacent to the NAR, on chaceorum were unknown for decades Palahmo, and a total of seven unencumbered State land (collectively with the only published data from individuals were observed in four pools referred to as Manuka throughout this Kensley and Williams (1986, p. 426), during surveys conducted between 2009 final rule) (Sakihara 2013, in litt.). This who reported that the gut contents of a and 2010 at Manuka. These two discovery documents the first captured specimen included large locations are described below. observation of this species in almost quantities of an orange-colored oil and Lua o Palahemo Site: Age estimates three decades (Sakihara 2012, in litt.). fragments of other crustaceans, for Lua o Palahemo range from as young Visual accounts made by the biologists indicating that the species may be as 11,780 years to a maximum of age of estimate that V. chaceorum is carnivorous upon its associated 25,000 years, based upon radio carbon established in four anchialine pools anchialine pool shrimp species. data and timing of geophysical climatic along the southern section of the NAR, Sakihara (2012, in litt.) recently events (Kensley and Williams 1986, pp. approximately 15 mi (25 km) from Lua confirmed that V. chaceorum is 417–418). Brock (2004, p. 18) states this o Palahemo. A total of seven individuals carnivorous after observing V. lava tube is probably the second most of this species were observed in four chaceorum collected from Manuaka important anchialine pool habitat in the pools around Awili Point and Keawaiki Natural Area Reserve actively feeding State because of its unique connection (Sakihara 2012, p. 89; Sakihara 2013, in on rubra in the laboratory. to the ocean, the vertical size (i.e., litt.), although estimates of the total In general, hypogeal shrimp occur depth), and the presence of a total of number of individuals are within both the illuminated part of their five different species including undeterminable due to the cryptic anchialine pool habitat as well as within Halocaridina palahemo, H. rubra, nature of this species (Sakihara 2012, in the cracks and crevices in the water Procaris hawaiiana, Calliasmata litt.). Sakihara (2012, in litt.) stated that table below the surface (Brock 2004, p. pholidota, and Vetericaris chaceorum. the anchialine habitat at Manuka is 6). The relative abundance of some Lua o Palahemo is a naturally occurring considerably different than that of Lua Hawaii species is directly tied to food opening (i.e., a surface collapse) into a o Palahemo, and is considered to be one abundance (Brock 2004, p. 10). The large lava tube below. The opening of the most biologically valuable lighted environment of anchialine pools measures approximately 33 ft (10 m) in habitats of this type (Sakihara 2012, in offers refugia of high benthic diameter and is exposed to sunlight. litt.; Sakihara 2013, in litt.). The productivity, resulting in higher Unlike most anchialine pools in the Manuka anchialine pools are population levels for the shrimp Hawaiian Islands, which have depths characterized by shallow (less than 2 ft compared to the surrounding interstitial less than 4.9 ft (1.5 m) (Brock 2004, p. (0.5 m)) open pools dispersed spaces often occupied by these species, 3), Lua o Palahemo’s deep pool includes throughout barren basaltic terrain. This albeit in lower numbers (Brock 2004, p. a deep shaft with vertical sides observation expands the known habitat 10; Wada 2013, pers. comm.). extending downward about 46 ft (14 m) conditions that support V. chaceorum Although over 400 of the estimated into the lava tube below, which (Sakihara 2012, in litt.). According to 520 to 560 anchialine pool habitats have branches in two directions, both ending Sakihara (2013, in litt.), it appears that been surveyed on the island of Hawaii, in blockages (Holthuis 1974, p. 11; three of the Manuka pools (the three Vetericaris chaceorum has only been Kensley and Williams 1986, p. 418). At pools closest to a jeep road) have a documented from two locations: Lua o the subterranean level at the base of the subterranean connection, although this Palahemo, which is a submerged lava opening, the lava tube runs generally has not been confirmed. Although tube located on the southernmost point north and south, extending northward anchialine pools have been surveyed in of Hawaii Island in an area known as Ka for 282 ft (86 m) and southward for 718 the Manuka area in the past (Maciolek Lae (South Point) (Kensley and ft (219 m), to a depth of 108 ft (33 m) and Brock 1974, pp. 1–80; Chan 1995, Williams 1986, pp. 417–418; Brock below sea level (Kensley and Williams pp. 1–34; Brock 2004, pp. i–iv; Sakihara 2004, p. 2; HBMP 2010), and at Manuka, 1986, p. 418). where only recently V. chaceorum was Manuka Site: The anchialine pools at 2009, pp. 1–35; Sakihara 2012, pp. 83– discovered in a series of pristine Manuka were first surveyed 1972 95; Sakihara 2013 in litt.), the surveys shallow anchialine pool complexes (Macioleck and Brock 1972, p. iii); conducted between 2009 and 2010 were within and adjacent to the NAR, however, this survey primarily covered the first to document the presence of V. approximately 15 mi (25 km) northwest only the southern extremity of the site. chaceorum in this anchialine pool of Lua o Palahemo (Sakihara 2012, in A more thorough survey of the Manuka complex. In 1995, an anchialine pool litt.). The Service has concluded that the coastline was conducted between 1989 shrimp matching the description of V. lack of detection of this species in the and 1992 (20 pools along the southern chaceorum was observed in at least one several hundred anchialine pools coast of Manuka, which included both pool at Manuka NAR, but its surveyed on the island of Hawaii since diurnal and nocturnal observations identification was never confirmed the 1970s suggests this species has a (Chan 1995, p. 1). These pools were (Brock 2004, p. 31; Sakihara 2012, p. very limited range (Holthius 1973, pp. then diurnally surveyed in 2004 (80 89). 1–128 cited in Sakihara 2012, pp. 83, pools along the entire Manuka coastline) Four surveys have been conducted at 91, and 93; Maciolek and Brock 1974, (Brock 2004, pp. 1–60), and again Lua o Palahemo (Maciolek and Brock pp. 1–73; Maciolek 1983, pp. 606–618; between 2008 and 2009 (80 pools along 1974, pp. 1–73; Kensley and Williams Kensley and Williams 1986, pp. 417– the entire Manuka coastline) (Sakihara 1986, pp. 417–426; Bozanic 2004, p. 1– 426; Maciolek 1987, pp. 1–23; Chai et al. 2009, pp. 1–35). The most recent and 3; Wada 2012, pers. comm.; Wada et al. 1989, pp. 1–37; Chan 1995, pp. 1–31; most comprehensive surveys of Manuka 2012, pp. 1–2), with five individuals Brock and Kam 1997, pp. 1–109; were conducted between 2009 and observed during one survey in 1985. Bozanic 2004, p. 1; Brock 2004, pp. 1– 2010, when Hawaii State biologists Five surveys have been conducted at 60; Sakihara 2009, pp. 1–35; Sakihara surveyed 81 pools at Manuka both day Manuka (Maciolek and Brock 1974, pp.

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1–73; Chan 1995, pp. 1–34; Brock 2004, addressed in a separate rulemaking reviewed all comments received from pp. i–iv, 1–60; Sakihara 2009, pp. 1–35; action, and published in the Federal the peer reviewers for substantive issues Sakihara 2012, pp. 83–95; Sakihara 2013 Register at a later date. and new information regarding the in litt.), with seven individuals observed Two commenters were State of listing of 15 species and taxonomic in four pools between 2009 and 2010. Hawaii agencies ((1) Hawaii Department change for 1 plant species. Peer Because of the ability of hypogeal of Business, Economic Development, reviewer comments are addressed in the shrimp species to inhabit the interstitial and Tourism’s Hawaii Housing Finance following summary and incorporated and crevicular spaces in the water table and Development Corporation, and (2) into the final rule as appropriate. bedrock surrounding anchialine pools, Hawaii Department of Hawaiian Home Peer Review Comments on Plants it is very difficult to estimate population Lands); one was a county agency size of a given species within a given (County of Hawaii Planning (1) Comment: One peer reviewer area (Brock 2004, pp. 10–11). We are Department); two were Federal agencies; recommended that we include unable to estimate the population size of and 28 were nongovernmental inundation by high surf and subsequent either occurrence of Vetericaris organizations or individuals. During the erosion, and the nonnative plant chaceorum given this behavior. May 15, 2013, public hearing, no Wedelia [Sphagneticola] trilobata individuals or organizations made (wedelia), as threats to the plant Bidens Summary of Comments and comments on the proposed listing. hillebrandiana ssp. hillebrandiana. Recommendations All substantive information related to Our Response: We have incorporated On October 17, 2012, we published a the listing of the 15 species or the this information, as appropriate, into proposed rule to list 15 Hawaii Island taxonomic change for 1 species Summary of Changes from Proposed species (13 plants, 1 picture-wing fly, provided during the comment periods Rule, Table 3, and in the sections and 1 anchialine pool shrimp) as has either been incorporated directly ‘‘Nonnative Plants in the Coastal endangered throughout their ranges, and into this final determination or is Ecosystem’’ and ‘‘Habitat Destruction to designate critical habitat for 3 plant addressed below. Comments received and Modification Due to Rockfalls, species (77 FR 63928). The comment were grouped into general issues Treefalls, Landslides, Heavy Rain, period for the proposal opened on specifically relating to the proposed Inundation by High Surf, Erosion, and October 17, 2012, for 60 days, ending on listing status of the 13 plants, or the Drought’’ under Factor A. The Present December 17, 2012. We requested that picture-wing fly or anchialine pool or Threatened Destruction, all interested parties submit comments shrimp, or the proposed taxonomic Modification, or Curtailment of Habitat or information concerning the proposed change for 1 plant species, and are or Range in this final rule (see below). rule. We contacted all appropriate State addressed in the following summary (2) Comment: One peer reviewer and Federal agencies, county and incorporated into the final rule as recommended that we include governments, elected officials, scientific appropriate. vandalism and trash dumping as threats organizations, and other interested to the plant Bidens micrantha ssp. Peer Review parties and invited them to comment. In ctenophylla, in the Kaloko Makai area. addition, we published a public notice In accordance with our peer review Our Response: We are aware that of the proposed rule on October 20, policy published in the Federal Register vandalism and trash dumping has 2012, in the local Honolulu Star on July 1, 1994 (59 FR 34270), we occurred in the Kaloko Makai area near Advertiser, West Hawaii Today, and the solicited expert opinions from 14 the individuals of Bidens micrantha ssp. Hawaii Tribune Herald newspapers, at knowledgeable individuals with ctenophylla in the past, although it has the beginning of the comment period. scientific expertise on the Hawaii Island not been recently observed (Ball 2013, We received four requests for public plants, picture-wing fly, and anchialine pers. comm.). We will continue to hearings. On April 30, 2013, we pool shrimp, and their habitats, monitor this potential threat in that published a document (78 FR 25243) including familiarity with the species, area. reopening the comment period on the the geographic region in which these (3) Comment: One peer reviewer October 17, 2012, proposed rule (77 FR species occur, and conservation informed us of an act of vandalism 63928), announcing the availability of principles. We received responses from where approximately 150 ft (46 m) of our draft economic analysis (DEA) on 11 of these peer reviewers. Nine of these fencing was removed from a fenced the proposed critical habitat, and 11 peer reviewers generally supported exclosure in the Upper Waiakea FR requesting comments on both the our methodology and conclusions. One where individuals of the plant proposed rule and the DEA. In addition, peer reviewer expressed concern Phyllostegia floribunda are found. The in that same document (78 FR 25243; regarding the lack of more recent survey fencing was repaired later in the same April 30, 2013), we announced a public data for the anchialine pool shrimp at month (November 2012), and the plants information meeting and hearing, which Manuka, and was unaware of the recent appeared to suffer no adverse impacts. was held in Kailua-Kona, Hawaii, on surveys (between 2009 and 2010) Our Response: We agree that May 15, 2013. conducted by Hawaii State biologists. vandalism is a potential threat to all During the comment periods, we Another commented that we should fenced species. However, vandalism is received 33 comment letters, including proceed with caution due to the lack of not considered an imminent threat at the 11 peer review comment letters, on biological information regarding the this time because the frequency at the proposed listing of 15 species, shrimp. Three peer reviewers supported which vandalism occurs and the degree proposed taxonomic change for 1 the Service’s ecosystem-based approach of impact cannot be determined in endangered plant species, and proposed for organizing the rule and for focusing advance of the incident occurring. We designation of critical habitat. In this on the actions needed for species will continue to monitor the area and final rule, we address only the conservation and management, and all gather information on this potential comments regarding the proposed 11 reviewers provided information on threat. listing of 15 species and proposed one or more of the Hawaii Island (4) Comment: One peer reviewer taxonomic change for 1 plant species. species, which was incorporated into suggested that we identify the nonnative Comments addressing the proposed this final rule (see also Summary of plant Paederia foetida (skunk weed) as critical habitat designation will be fully Changes from Proposed Rule). We a threat to the plant Cyrtandra

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nanawaleensis because it completely hermaphroditic and autogamous, they of diversity and endemism,’’ as rate is covers and smothers understory are capable of regenerating from single a process occurring over time. vegetation and outcompetes low- individuals, and may not be severely Our Response: We agree with the peer growing plants and small for hampered by inbreeding depression. reviewer. light and space and that we identify Unfortunately, autogamous species of Peer Review Comments on the Picture- Psidium cattleianum (strawberry guava) Schiedea also appear to be short-lived, Wing Fly as a threat to Cyanea tritomantha emphasizing the importance of because it forms dense stands in which appropriate conditions for regeneration. (10) Comment: One peer reviewer few other plants can grow, displacing Our Response: We agree that the provided additional information native vegetation through competition. obligate and facultative autogamous regarding the host plants for Drosophila Our Response: We have included this nature of Schiedea diffusa ssp. macraei digressa. Although D. digressa has only information in this final rule (see and S. hawaiiensis, respectively, in been reared from Charpentiera spp., at Summary of Changes from Proposed addition to being hermaphroditic, afford Manuka, D. digressa was found in a Rule, below). these species the ability to regenerate Pisonia sandwicensis treefall with a (5) Comment: One peer reviewer from single individuals and may not be considerable number of rotten branches. supported the listing of the plants severely hampered by inbreeding A large number of individuals of D. Schiedea diffusa ssp. macraei, S. depression. However, there are other digressa were found in a small area, hawaiiensis, and Stenogyne cranwelliae negative impacts that can result from indicating a local breeding group rather as endangered, and stated that we did a low number of individuals (e.g., random than vagrant individuals. The only very thorough job of outlining the demographic fluctuations; climate Charpentiera spp. in this area are a few threats for these three species. In change effects; and localized in a pit crater, over 0.62 mi (1 km) addition, this peer reviewer expressed catastrophes, such as hurricanes, from the known location of D. digressa appreciation for our emphasis on the drought, rockfalls, landslides, and on Pisonia sandwicensis. This reviewer anticipated effects of climate change in disease outbreaks (Pimm et al. 1988, p. further stated that many native the proposed rule. 757; Mangel and Tier 1994, p. 607). Any Drosophila species that breed in either Our Response: We appreciate the of these stressors represent threats that Charpentiera spp. or Pisonia spp. are support from this peer reviewer can lessen the chances of survival for also able to use both plants. According regarding our threats analysis, and our these species in the wild. We agree that to the reviewer, while this ability of D. discussion on the anticipated threats the short-lived nature of these species digressa to use both tree species as host from climate change. All 15 species we increases the importance for appropriate plants expands its potential habitat are listing in this final rule may be conditions for regeneration, and have slightly, it does not do so by a great especially vulnerable to the effects of added this information to our files. deal, as Pisonia sandwicensis and P. climate change due to their small (8) Comment: One peer reviewer brunoniana [two of the three species of number of populations and individuals, pointed out that it was incorrect to state, Pisonia on Hawaii Island] are only as well as highly restricted ranges. in our proposed rule (77 FR 63928; found on Hawaii Island at the sites Environmental changes that may affect October 17, 2012) on page 63931, that where D. digressa is already known these species are expected to include Mezoneuron was listed in error as (Olaa and Manuka), or where the forest habitat loss or alteration and changes in Caesalpinia kavaiense in 50 CFR 17.12, is currently too open and dry to support disturbance regimes (e.g., storms, because at the time of the listing (51 FR this species of picture-wing fly (Kipuka hurricanes, and drought). 24672; July 8, 1986), this was the Pualulu and Puu Waawaa cone). Pisonia (6) Comment: One peer reviewer accepted name applied to the taxon. The umbellifera can be found at lower stated that climate change appears to be peer reviewer stated that it is important elevations on the windward side of the having especially serious effects on to emphasize that names of taxa island, such as gulches on the east Schiedea species occurring in dry typically may change during the course slopes of Kohala and Mauna Kea below habitats due to death of adult plants, of standard taxonomic investigations, 1,500 ft (457) m, but D. digressa has presumably through drought, failure to and these changes do not affect the never been recorded from these areas or regenerate due to drought, and validity of conservation concerns for the elevation. Species of Pisonia face most increased fire frequency. Drought may taxon in question. of the same threats as species of have a pronounced effect on Schiedea Our Response: We wish to clarify the Charpentiera (i.e., goat and cattle hawaiiensis. error described in the October 17, 2012 browsing of leaves and seedlings, pig Our Response: We agree that drought (77 FR 63928), proposed rule regarding rooting of seedlings, and desiccation of is a threat to Schiedea hawaiiensis, for Mezoneuron kavaiense. The error habitat from drought and subsequent the reasons mentioned above (see also described in the proposed rule refers to fires at Manuka). The reviewer ‘‘Habitat Destruction and Modification the entry in the 1989 List of Endangered concludes that even if Pisonia spp. at by Fire’’ and ‘‘Habitat Destruction and and Threatened Plants (50 CFR 17.12), Manuka survive the [ongoing] drought, Modification Due to Rockfalls, Treefalls, where this taxon was revised and the the habitat will likely be too dry to Landslides, Heavy Rain, Inundation by specific epithet was misspelled as support D. digressa. High Surf, Erosion, and Drought’’ under Caesalpinia kavaiense (instead of Our Response: We appreciate this Factor A. The Present or Threatened Caesalpinia kavaiensis). Subsequent information regarding Drosophila Destruction, Modification, or taxonomic revision resulted in the digressa and have incorporated this new Curtailment of Habitat or Range, below). currently recognized scientific name for information, as appropriate, in this final (7) Comment: One peer reviewer the listed entity, Mezoneuron kavaiense, rule (see above, Description of the 15 stated that Schiedea diffusa ssp. which we accept in this final rule. Species; see below, Summary of macraei and S. hawaiiensis are obligate (9) Comment: One peer reviewer Changes from Proposed Rule, ‘‘Habitat autogamous species (i.e., reproduces by pointed out that under our description Destruction and Modification by self-pollination) and facultative of the lowland dry ecosystem, we Introduced Ungulates’’ (Factor A. The autogamous (i.e., reproduces by self- incorrectly wrote ‘‘high rates of Present or Threatened Destruction, and cross-pollination), respectively. diversity and endemism’’ when Modification, or Curtailment of Habitat Because both of these species are technically it should read ‘‘high levels or Range), ‘‘Predation and Herbivory’’

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(Factor C. Disease or Predation), and extinction throughout its range. There the disturbance of ceiling sediments ‘‘Loss of Host Plants’’ (Factor E. Other are between 600 and 700 anchialine caused by exhalation bubbles during an Natural or Manmade Factors Affecting pools in the Hawaiian Islands and exit phase of a dive. The commenter Their Continued Existence)). approximately 80 percent also stated that ‘‘there is no reason to (11) Comment: One peer reviewer (approximately 520 to 560) occur on discount the opposite idea that stated that the drought-associated ohia Hawaii Island. Over 400 pools have increased flushing has mobilized the [Metrosideros polymorpha] dieback been surveyed on Hawaii Island alone sediment, allowed the movement of occurring at Manuka adversely affects since the 1970s, and V. chaceorum has native predators and competitors into Drosophila digressa by allowing more only been documented from two the system, and resulted in the decline sunlight into the understory, increasing locations: Lua o Palahemo and Manuka, or perhaps extirpation of Vetericaris.’’ the temperature and lowering humidity. where V. chaceorum was recently The commenter then suggested that the This increases the stress on the picture- (between 2009 and 2010) discovered in thick sediment cone just below the wing flies and their host plants, as well a series of pristine shallow anchialine opening was not a problem for the dense as increasing opportunities for invasive pool complexes within and adjacent to populations of native species detected plants to become established. The Manuka NAR (Holthius 1973, pp. 1–128 directly beneath the surface of the pool extraordinary amount of dead wood cited in Sakihara 2012, pp. 83, 91, and during the 1985 surveys. accumulation at Manuka means that any 93; Maciolek and Brock 1974, pp. 1–73; Our Response: We acknowledge the fire that occurs there likely would be Maciolek 1983, pp. 606–618; Maciolek peer reviewer’s statement that extremely damaging. A fire resulting 1987, pp. 1–23; Chai et al. 1989, pp. 1– Vetericaris chaceorum and other native from a similar scenario at Kealakekua 37; Chan 1995, pp. 1–31; Brock and species may be able to coexist with a Ranch a year or two ago produced Kam 1997, pp. 1–109; Brock 2004, pp. certain level sedimentation in the smoke that covered most of the island 1–60; Sakihara 2009, pp. 1–35; Sakihara anchialine pool ecosystem at Lua o and burned for weeks because it is 2012, pp. 83–95; Wada et al. 2012, pp. Palahemo. However, the water clarity nearly impossible to fight fire in such 1–2). This reviewer was apparently has declined since earlier surveys dense brush. unaware that Hawaii State biologists (Kensley and Williams 1986, pp. 417– Our Response: We appreciate the conducted surveys at Manuka between 437; Bozanic 2004, pp. 1–3; Wada 2010, additional information provided 2008 and 2009, and again between 2009 in litt.; Wada et al. 2012, in litt.; Wada regarding the drought-associated ohia and 2010 (Sakihara 2009, pp. 1–35; 2012, pers. comm.; Wada 2013, in litt.), dieback at Manuka and Drosophila Sakihara 2012, pp. 83–95). Several other which took place in the 1970s and digressa, and we have included this new peer reviewers stated that the Service 1980s, despite the presence of silt in the information in our final rule, as used the best available scientific and system at that time. Further, we disagree appropriate, in ‘‘Habitat Destruction and commercial data to document the that the reduced visibility created by a Modification Due to Rockfalls, Treefalls, presence or absence of V. chaceorum in diver’s exhalation bubbles or similar Landslides, Heavy Rain, Inundation by anchialine pools around Hawaii Island. human-initiated disturbance during High Surf, Erosion, and Drought’’ Under the Act, we determine whether those early surveys is comparable to the (Factor A. The Present or Threatened a species is an endangered species or a low visibility levels apparent in recent Destruction, Modification, or threatened species because of any of five surveys before surveyors even enter the Curtailment of Habitat or Range) in this factors (see Summary of Factors water. Flushing is necessary for the final rule (see below). Affecting the 15 Species, below), and we successful functioning of an anchialine Peer Review Comments on the are required to make listing pool ecosystem (Brock 2004, pp. 11, 35– Anchialine Pool Shrimp determinations solely on the basis of the 36). We have concluded that continued best scientific and commercial data excessive siltation into and additional (12) Comment: One peer reviewer available, pursuant to section 4(b)(1)(A) collapse of the lava tube system at Lua commented that the field surveys cited of the Act. Based on the best available o Palahemo is causing degradation of in our proposed rule are not adequate, information we determined that V. the anchialine pool ecosystem. These and that more surveys should be chaceorum faces threats from habitat factors, combined with the system’s conducted at other sites such as destruction and modification by feral diminished ability to flush, have Manuka, Hawaii. The peer reviewer also goats and cattle at Lua o Palahemo; resulted in the degradation of water recommended that the analysis of listing dumping of trash and introduction of quality, which has also led to the drastic Vetericaris chaceorum as endangered nonnative fish at Lua o Palahemo; and decline in two of the other hypogeal should be based on the number of field introduction of nonnative fish at the shrimp species within the pool (i.e., surveys conducted, the number of pools pools at Manuka (see Summary of Procaris hawaiiana numbered in the surveyed, the number of locations Factors Affecting the 15 Species, below). thousands, and Halocaridina numbered surveyed, trapping surveys, day and (13) Comment: One peer reviewer in the tens of thousands (Kensley and night surveys, and seasonal surveys. questioned the importance of flushing to Williams 1986, p. 418), and the most Our Response: We are required to the functioning of the anchialine pool recent survey counted 7 Procaris make listing determinations solely on ecosystem and its relationship to the hawaiiana and zero Halocaridina (Wada the basis of the best scientific and effects of excessive siltation and et al. 2012, in litt.; Wada 2013, pers. commercial data available, and, for the sedimentation on the population of comm.)). These shrimp are considered reasons described here, we have Vetericaris chaceorum and its food sources for V. chaceorum, and concluded that the number and associated species and the anchialine their decline may affect the survival of locations of surveys are adequate to pool ecosystem at Lua o Palahemo. The V. chaceorum. determine that Vetericaris chaceorum commenter referenced the occurrence of (14) Comment: One peer reviewer appears to be restricted to a limited large numbers of individuals of requested that the discussion of Lua o number of pools in the southern portion , Procaris hawaiiana, Palahemo clarify land ownership and of the island of Hawaii, and that V. and V. chaceorum during the 1985 the attitude of the landowner toward the chaceorum faces threats from habitat survey (Kensley and Williams 1985, pp. anchialine pool and its fauna. degradation and destruction and from 417–426) despite a reduction in Our Response: Lua o Palahemo is predation such that it is in danger of visibility (few centimeters) as a result of located on land owned by the State of

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Hawaii Department of Hawaiian vegetation from establishing itself Nonnative fish have been Homelands (DHHL). We hope to work within these areas. intentionally introduced to Lua o with DHHL to address the threats to Our Response: The Act and our Palahemo in the past (see ‘‘Dumping of Vetericaris chaceorum and the regulations direct us to consider the Trash and Introduction of Nonnative anchialine pool ecosystem at Lua o ‘‘present’’ or ‘‘threatened’’ destruction, Fish’’ under Factor E. Other Natural or Palahemo from ungulates, recreational modification, or curtailment of the Manmade Factors Affecting Their vehicles, dumping of trash, the species’ habitat or range. At this time, Continued Existence, below), and it is intentional introduction of nonnative there are insufficient data to determine not unreasonable to assume that native fish, and sedimentation, as identified in the impacts on Vetericaris chaceorum marine fish may be deliberately this final rule. from nonnative plants such as Prosopis introduced to the pool. In our 2012 (15) Comment: One peer reviewer pallida. Therefore, we cannot address snorkel survey of this pool, we observed suggested that additional data on nonnative plants as threats to V. a tropical marine goby in the pool phylogenetic or biogeographical chaceorum (i.e., we cannot identify a (Wada et al. 2012, in litt.). However, it relationships on the ancestor(s) to future condition that may or may not is unclear how this fish gained access to Vetericaris chaceorum could have very occur as a threat) in this final rule. We the pool. The accidental introduction or important implications about the spatial will consider the need to address natural recruitment of native marine extent of potential habitat, specific nonnative plants in our future recovery fish due to natural events such as storm features of the habitat that may be planning efforts for this species, should surge and high surf is unlikely at Lua o critical to the species, and other new information become available Palahemo due to its elevation above the possible sites where the species may indicating nonnative plants are a threat coast (approximately 25 ft (8 m)) and its occur. However, the peer reviewer also to V. chaceorum at Lua o Palahemo or distance from the coast (490 ft (150 m)) stated that this information is not Manuka. (Kensley and Williams 1986, p. 418). currently available. (17) Comment: Two peer reviewers Although a massive landslide or Our Response: We agree that such suggested that we add native marine earthquake may trigger a local tsunami information would provide additional fish species (e.g., aholehole (Kuhlia sp.) that generates waves that may sweep insights on the species’ distribution and or papio (Caranx sp.)) not normally over and deposit native marine fish in range, as well as the physical and found in anchialine pools as a threat to the pool, these events are purely biological habitat features required for Vetericaris chaceorum, from either speculative. The intentional introduction of native the conservation of Vetericaris natural events (e.g., high surf and storm marine fish is possible at the Manuka chaceorum. However, as the peer surges) or deliberate introduction by pools that support V. chaceorum reviewer noted, such information is not people to the Lua o Palahemo because there is evidence that at least currently available. The documented anchialine pool ecosystem. According to one pool in this area harbors nonnative these reviewers, the introduction of observation of V. chaceorum less than freshwater poeciliids (see Factors 19 mi (25 km) from Lua o Palahemo in native marine fish in anchialine pools Affecting the 15 Species, below) and the shallow water pools at Manuka, could result in the same deleterious marine fish, likely introduced by Hawaii, may be explained by Maciolek’s impacts to V. chaceorum and its pool fishermen. This pool is located near a (1983, p. 615) hypothesis that habitats habitat as the intentional introduction of popular coastal fishing spot. Three of may be colonized from long-existing nonnative fish (see ‘‘Dumping of Trash the four pools that support V. subterranean populations. and Introduction of Nonnative Fish’’ chaceorum at Manuka are located (16) Comment: One peer reviewer under Factor E. Other Natural or between 10 and 33 ft (3 and 10 m) from suggested that we add nonnative plants Manmade Factors Affecting Their a jeep road that provides access to (e.g., Prosopis pallida (kiawe)) as a Continued Existence, below). One peer coastal fishing and recreational threat to the anchialine pool shrimp reviewer later suggested that it was locations frequented by the public Vetericaris chaceorum, as any nonnative possible, although unlikely, that native (Sakihara 2013, in litt.). The fourth pool canopy or peripheral vegetation may marine fish would be intentionally is approximately 60 ft (18 m) from the result in changes in anchialine habitat introduced to the four pools at Manuka. jeep road (Sakihara 2013, in litt.). conditions such as increased Our Response: We agree that the However, the accidental introduction or senescence, changes in water quality, introduction of native marine species, natural recruitment of native marine and potential increases in nutrient normally isolated from the anchialine fish, due to natural events such as storm availability that may alter primary pool environment, into the anchialine surge and high surf, is unlikely at the production and the community pool at Lua o Palahemo that supports four pools that support V. chaceorum at structure of the algae. This peer Vetericaris chaceorum may be possible. Manuka because these pools are located reviewer further stated that these For the reasons described below, we at least 98 ft (30 m) from the coast impacts may primarily affect the believe it is unlikely that natural events (Sakihara 2013, in litt.), and storm surge predominant endemic faunal species such as high surf and storm surges will and high surf that would cover this Halocaridina rubra, which is considered introduce native marine fish to either distance is improbable. Although a to be a key species in maintaining the location (Lua o Palahemo or Manuka) of massive landslide or earthquake may ecological integrity of the anchialine V. chaceorum, although one peer trigger a tsunami that generates waves pools, and that this may ultimately lead reviewer suggested that the 2005 that may sweep over and deposit native to an overall degradation of the earthquake on Hawaii Island may have marine fish in the pools, these events anchialine pool ecosystem, and reopened or improved the connection are purely speculative. therefore impact V. chaceorum. between the ocean and Lua o Palahemo, On Maui, both aholehole and papio However, this peer reviewer also noted thus allowing natural recruitment of have been found in the larger anchialine that both Lua o Palahemo and Manuka native marine fish into and out of the pools closest to the ocean at Ahihi are either very sparse or entirely free of pool (Kinzie 2012, in litt.). The Kinau NAR, where high surf and storm peripheral vegetation, but that this does intentional introduction of native waves appear to wash those and other not preclude the possibility of P. pallida marine fish is possible at its two known native marine fish into the pools (Wada or any other type of nonnative locations. 2013, in litt.). However, these pools are

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subject to coastal influences due to habitat. This peer reviewer believes that which originate at the pool openings natural events such as storm surge and given a large enough earthquake, the and result in impacts to V. chaceorum high surf due to their proximity to the Lua o Palahemo anchialine pool could (within the deep recesses of Lua o ocean. We are unaware of any data potentially lose its connection to the Palahemo and within the shallower documenting the impacts of native ocean by boulder ‘‘chokes’’ that block pools at Manuka NAR) (see ‘‘Dumping marine fish that may be swept into the off movement of ocean water to and of Trash and Introduction of Nonnative pools at Ahihi Kinau NAR on native from the pool, or by a complete or Fish’’ under Factor E. Other Natural or anchialine pool shrimp. partial collapse of the tube itself. This Manmade Factors Affecting Their Native marine fish species have a peer reviewer then added that we would Continued Existence, below). purely marine (pelagic) larval stage, so need an engineer to make a more (21) Comment: One peer reviewer a population of native fishes in an definitive assessment regarding the commented that the proposed rule anchialine pool is likely to be pool’s vulnerability to collapse. presents a good summary of potential individuals that are introduced to pools Our Response: We agree that threats to the shrimp and its habitat, and post larvae-stage (Sakihara 2013, in earthquakes and subsequent landslides it clearly makes the point that the litt.). According to Brock (2004, p. 9), and rockfalls are potential threats to population at Lua o Palahemo is native marine fish are typically found in Vetericaris chaceorum and its habitat. exceedingly small and probably pools in close proximity to the ocean We also agree that an engineer or other declining, if not extinct. and it is believed that the biological professional with the necessary skills is Our Response: We appreciate this status of these pools changes with needed to assess the vulnerability of the reviewer’s concurrence and have successful colonization or mortality of lava tubes within the Lua o Palahemo considered that the shrimp may no marine fishes in these pools. The anchialine pool to the threat of longer be extant at Lua o Palahemo; presence of native fish in Hawaiian earthquakes. We do not have enough however, since anchialine pool shrimp anchialine pools usually signals the lack data to include earthquakes as a threat are known to spend much of their time of hypogeal shrimp (Brock 2004, p. 9). at this time. within the crevices of pools, we believe Brock (2004, p. 29) also states that (20) Comment: Two peer reviewers the species may still be present in the native marine fish are not able to commented that our analysis of the pool, but in very low numbers. complete their life cycles in anchialine threats to Vetericaris chaceorum seemed (22) Comment: One peer reviewer pools, so the impacts to hypogeal too focused on the surface of the commented that they had observed shrimp are temporary (i.e., only as long anchialine pool rather than on the items that humans dumped into Lua o as the fish occupy the pool) and that depths within Lua o Palahemo (where Palahemo, including a bicycle, boom hypogeal shrimp may successfully hide V. chaceorum is reported to occur). One box, and large cement block, but that in crevices from predatory fish and thus of the peer reviewers questioned the they were uncertain whether or not possibly recolonize a pool after the fish relevance of threats at the opening when these items had a deleterious or die off. Therefore, although V. the species is so far below the surface, observable effect on V. chaceorum. chaceorum is a hypogeal shrimp and while the other peer reviewer stated that Our Response: The impact of human three species upon which it is known to any impacts at the surface of the pool dumping of trash into an anchialine feed in Lua o Palahemo are hypogeal may lead to degradation of the habitat pool is directly related to the proportion shrimp, we are unable to determine the within the recesses of the lava tube by between the size of the pool and the impact of marine fish on V. chaceorum causing shifts in water quality, physical amount and type of trash dumped. For at this time. conditions, and flushing, and therefore example, a large trash bag in a small, (18) Comment: Two peer reviewers causing shifts in biological shallow anchialine pool will negatively mentioned the presence of aggressive characteristics (i.e., benthic algae and impact habitat quality, whereas the biting isopods and an eel at Lua o primary consumer abundance and negative effect from same trash bag in a Palahemo, and the possibility of the eel, assemblage). As such, these threats may larger, deeper anchialine pool will not specifically, as a predator of Vetericaris extend beyond the immediately reach the same magnitude of effect. In chaceorum. impacted areas at Lua o Palahemo. addition, if the boom box had decaying Our Response: We are aware that eels Our Response: Based on the best batteries in it, contaminants such as have been seen periodically in other scientific and commercial data lead, mercury and cadmium could have anchialine pools, including pools at available, we believe Vetericaris leached into the pool (Center for Disease Manuka NAR on Hawaii Island and chaceorum faces threats from habitat Control—Agency for Toxic Substances Ahihi Kinau on Maui. At this time, loss or degradation from sedimentation and Disease Registry (CDC–ATSDR) however, there are insufficient data to in Lua o Palahemo due to degradation 2011—Toxic Substance Database). In determine the impacts on Vetericaris of the immediate area surrounding the addition, there is risk from exposure to chaceorum from biting isopods and an pool. Feral goats and cattle trample and general electronic waste contaminants, unidentified eel at Lua o Palahemo. forage on both native and nonnative which contain various hazardous Therefore, we are unable to address plants around and near the pool materials and are harmful to the these animals as threats to V. opening (Magnacca 2012, in litt.; environment (e.g., polyvinyl chloride, chaceorum in this final rule. We will Richardson 2012, in litt.), increasing polychlorinated biphenyls, and consider the need to address biting erosion resulting in sediment entering chromium) (CDC–ATSDR 2011—Toxic isopods and eels in our future recovery the pool (see ‘‘Habitat Destruction and Substance Database). These toxins planning efforts for this species, should Modification by Introduced Ungulates’’ produce varying effects on biological new information become available under Factor A. The Present or organisms that include, but are not indicating these animals are threats to Threatened Destruction, Modification, limited to, deoxyribose nucleic acid V. chaceorum. or Curtailment of Habitat or Range, (DNA) damage, mucous membrane (19) Comment: Two peer reviewers below). In addition, V. chaceorum faces damage, cancer, and organ failure (CDC– suggested that earthquakes and threats from the intentional dumping of ATSDR 2011—Toxic Substance subsequent landslides and rockfalls are trash (at Lua o Palahemo) and Database). threats to Vetericaris chaceorum, due to introduction of nonnative fish (at Lua o (23) Comment: Five peer reviewers destruction or degradation of its pool Palahemo and Manuka NAR), activities commented on the likelihood of

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whether or not Vetericaris chaceorum the depth at which it was observed or Our Response: We agree that it is has a niched habitat deep within the if it utilizes the greater part of the lava difficult to determine the entire range darkness of the lava tube at Lua o tube. The newly discovered occurrence that is occupied by Vetericaris Palahemo where it was observed in in the shallow pools at Manuka suggests chaceorum on Hawaii Island or 1985, or whether it has a broader habitat that the habitat is not limited to the area elsewhere in the Hawaiian Islands. We that extends throughout the matrix of it was originally collected from deep have based our determination on the the lava tube of Lua o Palahemo. The within the lava tube at Lua o Palahemo, number of estimated pools throughout first of these peer reviewers commented and that it is likely Vetericaris the Hawaiian Islands and the percentage that, due to insufficient data and the chaceorum occupies areas along the of these pools that have been surveyed. challenging conditions of assessing the matrices of Lua o Palahemo at varying Despite surveys throughout the islands, particular habitat(s) of Lua o Palahemo, depths. Because hypogeal shrimp often Vetericaris chaceorum has only been it would be difficult to determine spend much of their time in crevices, observed in two pool complexes on whether this species would likely occur and it is possible that V. chaceorum can Hawaii Island: Lua o Palahemo and throughout Lua o Palahemo or only be occur throughout the lava tube, we Manuka. In addition, the fact that these limited to the area where it was retain the status of extant for the two habitats are so different informs us originally collected from within the lava population of V. chaceorum at this that Vetericaris chaceorum is not solely tube. The second peer reviewer location, despite the fact that V. a dark-adapted organism, but that it is commented that literature suggested chaceorum was not observed in recent has a range of suitable habitat that also that Vetericaris chaceorum did not have surveys. Regarding the boundaries of includes shallow pools in full sunlight. a uniform distribution throughout Lua o Lua o Palahemo, we do not currently This increase in suitable habitat types, Palahemo when it was first observed have any data that lay out the entire the number of surveys throughout the and collected, so that would suggest that matrix of the lava tube, nor are we Hawaiian Islands, and the fact that in it does have a limited niche and that it aware that such data exist. total only 12 shrimp (5 at Lua o is highly likely that it would be still (24) Comment: Three peer reviewers Palahemo and 7 at Manuka) have ever limited to the area where it was commented that the threats to the been observed suggest that Vetericaris originally collected within the lava tube. habitat of Lua o Palahemo expand chaceorum is not occurring in high The third of these peer reviewers throughout the entire lava tube matrix. numbers. We do not currently have commented that it has been confirmed One of these three peer reviewers also methodologies that afford us the that the range of Vetericaris chaceorum said that the historical differences opportunity to search cracks and extends beyond Lua o Palahemo, documented for Lua o Palahemo, crevices within the anchialine pool although only approximately 25 km primarily in water clarity and quality, environment; however, if this type of away. Therefore, it is plausible that its and the absence of other shrimp species survey technology equipment becomes distribution within Lua o Palahemo also that were common (such as available, it will certainly enhance our extends beyond where it was originally Halocaridina) suggests the habitat has understanding of the population collected. Furthermore, the habitat in undergone serious degradation in the dynamics of hypogeal shrimp, including which Vetericaris chaceorum was found last 30 to 40 years that is likely to get Vetericaris chaceorum. The Service at Manuka is considerably different than worse if actions are not taken. agrees that additional information will that of Lua o Palahemo, which was benefit management decisions. Our Response: We agree that the (26) Comment: Two peer reviewers characterized by shallow (less than 0.5 threats to the species’ habitat at Lua o commented on the connection of Lua o m deep), open pools dispersed Palahemo are not limited to any Palahemo to the marine environment. throughout barren basaltic terrain. particular area and span the scope of the One of these reviewers commented that Accordingly, its range does not seem to entire lava tube matrix. We also agree the further collapse of the lava tube and be limited to the deep recesses of the that more surveys and monitoring increased siltation may have the effect anchialine habitat, but may also roam efforts are needed to determine how best of decreasing the slight flow of colder freely throughout shallow exposed to recover this habitat. The Service has water into the depth of the lava tube, areas. The fourth peer reviewer conducted surveys in 2010 and 2012 and that the further collapse may commented that Vetericaris chaceorum (Wada 2012, pers. comm.; Wada et al. actually have a beneficial effect, such as likely has a wider lateral distribution in 2012, in litt.), and will continue to isolation from human access. The the Lua o Palahemo lava tube and that monitor and research this habitat in the second peer reviewer commented that it is likely found in adjacent hypogeal future, in addition to conservation the lava tube may be connected to a habitat. The fourth peer reviewer also methodologies to recover Vetericaris deep water marine habitat and commented that it is unclear if chaceorum at this site. associated fauna. Vetericaris chaceorum venture into the (25) Comment: One peer reviewer Our Response: Kensley and Williams lighted, mixohaline portion of Lua o commented that it is unclear that the (1986, p. 435) state that it is probable Palahemo. The fifth peer reviewer best available scientific data and that neither temperature nor salinity commented that there is no reason to methodologies currently available can imposes a barrier to the dispersal of believe that the shrimp’s range did not determine rarity vs. human accessibility hypogeal shrimp. They reported a extend, at least, to the ends of that lava to the Vetericaris chaceorum. This surface temperature of 24 degrees tube, and possibly into other openings commenter also stated that a dark- Celsius, but they did not report the connecting to it. As the boundaries of adapted organism could potentially be temperature at the depth they observed Lua o Palahemo were not defined in the found anywhere within the hypogeal Vetericaris chaceorum (Kensley and proposed rule, an answer to the environment of the Hawaiian Islands, Williams 1986, p. 418). During the question about ‘‘throughout Lua o and that the Service may be drawing its surveys conducted by the Service in Palahemo’’ is not clear. listing conclusion of this species based 2012, the temperature of the water at a Our Response: We agree and are on lack of biological knowledge. In depth of 7.5 m from the surface ranged aware that it is difficult to know exactly addition, this reviewer commented that from 23.8 degrees Celsius at noon to where this species occurs within Lua o the lack of information may not enable 26.4 Celsius at 4:50 a.m. (Wada et al. Palahemo, and whether or not it favors practical management decisions. 2012, in litt.). The data suggest

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temperature is not currently a have caused the degradation of pools action in this rule on the fact that the determining factor in the presence or (Brock 2004, pp. 12–15). habitat is threatened by sedimentation, absence of Vetericaris chaceorum at Lua (28) Comment: One peer reviewer recreational off-road vehicles, human o Palahemo. questioned the value of comparing dumping of nonnative fish, and human The definition of an anchialine pool Vetericaris chaceorum with the dumping of trash. includes being tidally influenced due to anchialine pool shrimp Halocaridina (29) Comment: One peer reviewer a subterranean connection to the ocean, rubra. This peer reviewer commented commented that poeciliids are not only so we agree that the lava tube is that Vetericaris chaceorum is likely introduced illegally in Hawaii, State connected to a marine habitat and much more specialized and that its lack agencies introduce mosquito fish to fauna, although to what extent and what of eyes, limited swimming option, and, freshwater and anchialine habitats as depth is not known at this time. The as far as is known, very limited mosquito control. While perhaps legal, size (i.e., a smaller cracks versus a wide distribution makes comparisons the effects are just as detrimental. diameter lava tube) of the connection to between the two species uninformative However, the peer reviewer did not the marine environment will determine for the most part. This peer reviewer think that mosquito control is a concern to some extent the species present in a further stated that the observations on for a site like Lua o Palahemo. given anchialine pool; the better the the behavior of V. chaceorum suggests Our Response: We agree that connection to the sea, the more likely a it may prey on smaller organisms by mosquito control is not a concern at Lua pool will have marine organisms (Brock capturing them in the basket formed by o Palahemo, and we have no 2004, p. 9). For example, the unusual its pereiopods as it swims in the dark; information that would indicate that ecotypic variant of the moray eel if this is true, the species would require State agencies are introducing nonnative (Gymnothorax pictus, puhi) is often large volumes of open water. The fish at Manuka for mosquito control. (30) Comment: The proposed rule found in pools with better connections reviewer further elaborates that Kensley states that reduced flushing in the pool to the sea (Brock 2004, p. 9). Regarding and Williams (1986) note the species is portion of Lua o Palahemo may allow an relationship between a further collapse a strong swimmer and apparently stays accumulation of sediment and detritus of the lava tube and human access, we in midwater, avoiding the solid walls, in the pool, reducing food productivity have no data to support or deny a consistent with the filter-basket feeding hypothesis. If true, this makes this and the ability of Vetericaris chaceorum benefit from limiting human access to to move between the pool and water the depths of Lua o Palahemo. species somewhat different from other anchialine shrimp, which are generally table. One peer reviewer commented (27) Comment: One peer reviewer associated with the substratum, there is no reason to discount the commented that since so little is known although Maciolek observed H. rubra opposite idea that increased flushing about Vetericaris chaceorum, most feeding in midwater ‘‘presumably has mobilized the sediment, allowed the considerations of threats are conjectural, grazing only on .’’ movement of native predators and and that because no apparent Similarly V. chaceorum does not appear competitors into the system, and observations have been made of this to be very similar to the more well- resulted in the decline or perhaps species in the upper reaches of Lua o studied anchialine shrimp. Its extirpation of V. chaceorum. In support Palahemo, purported threats to other troglobitic (more correctly stygobitic) of this is the statement in the October anchialine species may not be a limiting habit, large size, possibly its specialized 17, 2012, proposed rule at 77 FR 63939: factor or relevant to life in the lightless trophic role and potentially unique ‘‘During those dives, researchers made marine environment. evolutionary history should make five observations of Vetericaris Our Response: As described earlier, comparisons with other anchialine chaceorum in total darkness at a depth Vetericaris chaceorum was initially shrimp suspect. of 108 ft (33 m) and 590 ft (180 m) from discovered in 1985, in complete Our Response: We appreciate this the opening, collecting two specimens. darkness within one of the lava tubes at reviewer’s comments regarding the Kensley and Williams (1986, p. 418) Lua o Palahemo, at a location 180 m value of comparing Vetericaris noted, however, that the area surveyed (590 ft) from the opening, at a depth of chaceorum and Halocaridina rubra. We directly beneath the surface of the pool 30 m (98 ft). We agree that there is still agree that these two shrimp are not contained the highest density of animals much to be learned about V. exactly the same; however, H. rubra is (e.g., shrimps and crustaceans).’’ This chaceorum’s life history and biology. It the most well-studied anchialine pool suggests the very thick sediment cone was recently confirmed that the species shrimp in the Hawaiian Islands, and, just below the opening was not a is not confined to the dark depths of Lua therefore, we used it as a surrogate problem for the dense populations of o Palahemo. In addition, Sakihara (2013, species in some examples for V. native species. All this just shows that in litt.) observed V. chaceorum feeding chaceorum in regards to the negative there is an exceedingly limited on other anchialine pool shrimp impacts associated with human understanding of how the system species. Considering the new dumping of nonnative fish and trash, in functions, and specifically what information, threats to other anchialine addition to recognizing it as a potential physical, chemical, and hydrologic pool shrimp at varying depths are food source for V. chaceorum. The aspects of the system promote directly relevant to the survival of V. newly discovered population of V. sustaining V. chaceorum and its chaceorum. If the food supply of V. chaceorum in the four shallow pools at associated species. This commenter chaceorum is declining or diminished, Manuka has broadened our suggested that a high level of sediment it will have a direct impact on the understanding of the range and habitat is not, per se, deleterious to the shrimp, health and survival of V. chaceorum. for this species, debunking the thoughts other anchialine pool species, and, by Further, the threats of dumping that this species is niched to the dark inference, the entire pool. nonnative fish and trash can directly depths of Lua o Palahemo. Further, this Our Response: We agree it is possible negatively impact the ecosystem at challenges the above hypothesis that that increased flushing allowed the either Lua o Palahemo or Manuka; this this species may require large volumes movement of native predators and is confirmed by observations at other of open water. As stated in the competitors into the system, resulting in anchialine pools around the Hawaiian comments above, we have much to learn the decline or perhaps extirpation of Islands where nonnative fish and trash about V. chaceorum, and we base our Vetericaris chaceorum at Lua o

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Palahemo; however, we are unaware of meromictic and is not noted as anoxic as an endangered species, stating that any data to support this hypothesis. until a depth of 98 ft (30 m) and a the lowland dry ecosystem covers a very Recent surveys by the Service and State distance of 180 m into one of the large area on Hawaii Island and that the (Wada 2012, pers. comm.; Wada et al. branches of the lava tube from the base Service did not have enough studies 2012, in litt.) have found the of the surface opening (Kensley and regarding the absence or abundance of degradation of habitat of Lua o Williams 1986, pp. 417–20). Both Lake this species within this ecosystem. Palahemo is a result of excessive Kauhako and Lua o Palahemo do have According to this agency, without siltation and sedimentation of the comparable surface dissolved oxygen knowing the absence or prevalence of anchialine pool system, combined with and salinity and temperature gradients; this species, it cannot be determined the diminished ability of the system to however, the shape and depth of each whether or not this species should be flush, which Brock (2004, pp. 11, 35–36) water body, in addition to the presence designated as endangered, and the described as necessary for a functioning or absence of tidal influence and Service’s findings are premature with no anchialine pool system. Long-term meromictic properties, provide some foundation. sedimentation accumulation leads to the distinction for these two bodies of Our Response: We disagree that there senescence of anchialine pools (Ramsey water. is a lack of information regarding the 2013, in litt.). Suspended sediment (32) Comment: One peer reviewer presence or abundance of Bidens within the water column of Lua o commented that the reproductive mode micrantha ssp. ctenophylla in the Palahemo likely reduces the capacity of of Vetericaris chaceorum would play an lowland dry ecosystem on the island of the pool to produce adequate important role in determining if Hawaii and that our determination to populations could recolonize cyanobacteria and algae to support some list this species as an endangered neighboring habitats after a local of the pool’s herbivorous hypogeal species is premature and without extirpation. Maciolek postulates that species. A decreased food supply (i.e., a foundation. Lowland dry ecosystems in these habitats are colonized from long- reduction in cyanobacteria and algae) the Hawaiian Islands have undergone existing subterranean populations, and would likely lead to a lower abundance sweeping changes over the last 100 Kensley and Williams (1986) state: of herbivorous hypogeal shrimp species, years due to development, agriculture, ‘‘Given the relative youth of the Lua o as well as a lower abundance of the and nonnative plants and animals that known carnivorous species (i.e., Palahemo lava tube, the above- have resulted in the loss of over 90 Vetericaris chaceorum). Because lower mentioned and unexplained absences percent of Hawaii’s dry forests numbers of the herbivorous hypogeal and occurrences, and the presence of (Bruegmann 1996, pp. 26–27; Cabin et shrimp have been observed over time, some of these shrimps in modern wells al. 2000, pp. 439–453; Sakai et al. 2002, the data indicate this is a contributing and quarries, Maciolek’s postulate pp. 276–302; Cordell et al. 2008, pp. to, but not necessarily the sole factor in, (1983: 615) that these habitats are 279–284); however, the actual extent of the lack of detection of Vetericaris colonized from long-existing native dry forest cover may be as low as chaceorum at Lua o Palahemo. subterranean populations, must be (31) Comment: One peer reviewer strengthened.’’ If this is true, the main 1 percent (Pau 2011, in litt.). Forty-five commented that Lua o Palahemo should habitat of V. chaceorum may be percent of Hawaii’s dry forest plant not be treated as a typical anchialine completely different from what we species are at risk of endangerment (Pau pool. Rather it is a singular system, or know about Lua o Palahemo. et al. 2009, p. 3,167). Twenty-five perhaps somewhat like Lake Kauhako. Our Response: We agree it would be percent of the endangered plant species Extrapolating from the little we know beneficial to know the reproductive in the Hawaiian Islands are dry forest about typical anchialine systems will mode for Vetericaris chaceorum; species, and approximately 20 percent probably not be productive. however, the complete life history for of Hawaii’s dry land plant species are Our Response: Anchialine pools are this species is not known at this time. believed to be extinct (Cabin et al. 2000, land-locked bodies of water that have Hypogeal shrimp by definition occupy pp. 439–453; Sakai et al. 2002, pp. 276– indirect underground connections to the subterranean habitat. The fact that V. 302). One of the last remaining areas of sea, contain varying levels of salinity, chaceorum is described as a primitive lowland dry forest in the Hawaiian and show tidal fluctuations in water species, combined with the depth Islands is in the north Kona region of level. Lua o Palahemo meets this within Lua o Palahemo in which V. Hawaii Island, where only patches or definition. Further, Lua o Palahemo has chaceorum was observed and the recent scattered individuals of native plants floral and faunal characteristics of an discovery of V. chaceorum in very remain amidst a sea of the highly anchialine pool ecosystem (see Hawaii different habitat at Manuka, together flammable, nonnative fountain grass Island Ecosystems and Description of appear to support Maciolek’s hypothesis (Pennisetum setaceum), where over the 15 Species, above). Lake Kauhako is that hypogeal shrimp colonized 200,000 ac (80,939 ha) of land are situated in the crater of an extinct, late anchialine pool habitats from long- covered with fountain grass (HISC 2013, Pleistocene volcano on the north shore existing subterranean populations, but in litt.). North Kona is also a rapidly of Molokai, Hawaii, and reportedly not this is only conjecture at this time. The growing, urban area with a steady flow tidally influenced, although early data newly discovered population at Manuka of new housing, roads, commercial, and suggested it may have been at one time supports the thought that the main industrial developments. Surveys and and anchialine pool shrimp were habitat of V. chaceorum at Lua o observations conducted over the last 90 observed here in 1982 (Maciolek 1982, Palahemo is likely different from what years have detected Bidens micrantha p. 12; Donachie et al. 1999, p. 93). Lake we previously thought. ssp. ctenophylla from only six locations, Kauhako is considered one of the totaling fewer than 1,000 individuals in deepest lakes in the United States with Comments From the State of Hawaii north Kona (see Description of the 15 a depth of 814 ft (248 m) (Donachie et (33) Comment: The Hawaii Species, above) (Sherff 1920, p. 97; al. 1999, p. 93). Lake Kauhako is also Department of Business, Economic Degener and Wiebke 1926, in litt.; meromictic (has layers of water that do Development, and Tourism’s Hawaii Scottsberg 1926, in litt.; Borges and not intermix) and anoxic (lacking Housing Finance and Development Degener 1929, in litt.; Degener and dissolved oxygen) below 6 ft (2 m); Lua Corporation challenged our proposal to Iwasaki 1930, in litt.; Nishina 1931, in o Palahemo has not been classified as list Bidens micrantha ssp. ctenophylla litt.; Krajina 1961, in litt.; Gillett 1965,

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in litt.; Nagata and Ganders 1983, pp. 1– and have taken it into consideration in this final rule: Description of the 15 16; Pratt and Abbott 1996, p. 26; this final listing determination. The Species (above); ‘‘Habitat Destruction Ganders and Nagata 1999, pp. 271, 273; botanical survey published by Gerrish and Modification by Introduced TNC 2007–Ecosystem Database of and Leonard Bisel Associates, LLC, in Ungulates’’ and ‘‘Habitat Destruction ArcMap Shapefiles, unpublished; 2008 was one of multiple surveys and and Modification Due to Rockfalls, Whistler 2007, pp. 1–18; Bio 2008, in botanical expert reports used by the Treefalls, Landslides, Heavy Rain, litt.; Whistler 2008, pp. 1–11; Hawaii Service to determine the range of Bidens Inundation by High Surf, Erosion, and Forest Institute 2009, in litt.; Beavers micrantha ssp. ctenophylla in North Drought’’ under Factor A. The Present 2010, in litt.; Faucette 2010, pp. 1–27; Kona. Since Bidens micrantha ssp. or Threatened Destruction, HBMP 2010b; Giffin 2011, pers. comm.; ctenophylla is known to occur in the Modification, or Curtailment of Habitat Pau 2011, in litt.; Wagner 2011, in litt.; area of Laiopua, the Service considered or Range (below); ‘‘Predation and Zimpfer 2011, in litt.; Kaahahui O Ka this area as habitat for this species. In Herbivory’’ under Factor C. Disease or Nahelehele 2013, in litt.). addition, there is likely a bank in Predation (below); and ‘‘Loss of Host Under the Act, we determine whether the soil of the surrounding area that, if Plants’’ under Factor E. Other Natural or a species is an endangered species or a given the opportunity, can contribute Manmade Factors Affecting Their threatened species because of any of five toward the recovery of this species. Continued Existence (below), based on a factors (see Summary of Factors peer review comment. Affecting the 15 Species, below), and we Summary of Changes From Proposed (6) Hawaii State biologists discovered are required to make listing Rule a population of Vetericaris chaceorum determinations solely on the basis of the In preparing this final rule, we at Manuka NAR between 2009 and best available scientific and commercial reviewed and fully considered 2010. We solicited public comments on data available [emphasis ours] (sections comments from the peer reviewers and the new location in the Federal Register 4(a)(1) and 4(b)(1)(A)). The threats to B. public on the proposed listing for 15 in our April 30, 2013, document micrantha ssp. ctenophylla, as well as species. This final rule incorporates the announcing the availability of the draft those that impact lowland dry following substantive changes to our economic analysis and reopening the ecosystems in the Hawaiian Islands, are proposed listing, based on the comment period on the proposed rule well documented. This plant species comments we received: (78 FR 25243). The new location faces threats from habitat degradation (1) We added inundation by high surf information has been incorporated in from development and nonnative as a threat to the newly listed plant the following sections in this final rule: ungulates (feral pigs and goats), Bidens hillebrandiana ssp. Description of the 15 Species (above), predation by nonnative ungulates (feral hillebrandiana in the following ‘‘Habitat Destruction and Modification pigs and goats) and rats, competition locations in this final rule: Table 3 by Sedimentation’’ under Factor A. The with nonnative plants, fire, drought, (below) and ‘‘Habitat Destruction and Present or Threatened Destruction, hurricanes, and hybridization; it also Modification Due to Rockfalls, Treefalls, Modification, or Curtailment of Habitat faces threats from the synergistic effects Landslides, Heavy Rain, Inundation by or Range (below), and ‘‘Dumping of that may arise from any combination of High Surf, Erosion, and Drought’’ under Trash and Introduction of Nonnative these threats (see Summary of Factors Factor A. The Present or Threatened Fish’’ (below) under Factor E. Other Affecting the 15 Species, below). Destruction, Modification, or Natural or Manmade Factors Affecting Therefore, in this final rule, we have Curtailment of Habitat or Range Their Continued Existence, and we made our determination to list Bidens (below), based on a peer review reassessed whether listing was micrantha ssp. ctenophylla as an comment. warranted for V. chaceorum based on endangered species based on the best (2) We added the nonnative this additional information. scientific and commercial data understory plant species Sphagneticola (7) We revised the statement that available. trilobata [Wedelia trilobata] (wedelia) as incorrectly indicated that the outplanted a threat to the plant Bidens individuals of Bidens micrantha ssp. Comments From Federal Agencies hillebrandiana ssp. hillebrandiana in ctenophylla within KHNHP are fenced All of the comments we received from the coastal and dry cliff ecosystem, and in Description of the 15 Species, above, Federal agencies have been to ‘‘Specific Nonnative Plant Species based on a comment we received. incorporated, as appropriate, in the Impacts’’ (below), based on a peer Summary of Factors Affecting the 15 Description of the 15 Species, above, review comment. Species and Summary of Changes from (3) We added the nonnative vine Proposed Rule, below. Paederia foetida (skunk weed) as a Section 4 of the Act (16 U.S.C. 1533) threat to the newly listed plant and its implementing regulations (50 Public Comments on the Proposed Cyrtandra nanawaleensis in the lowland CFR part 424) set forth the procedures Listing of 15 Species wet ecosystem and to ‘‘Specific for adding species to the Federal Lists (34) Comment: One commenter, Nonnative Plant Species Impacts’’ of Endangered and Threatened Wildlife representing Laiopua 2020, stated that (below), based on a peer review and Plants. A species may be none of the 15 species proposed for comment. determined to be an endangered or listing occurs on parcels proposed for (4) We added the nonnative canopy threatened species due to one or more development of the Laiopua Community plant species Psidium cattleianum of the five factors described in section Center (Tax Map Key parcels 3–7–4– (strawberry guava) as a threat to Cyanea 4(a)(1) of the Act: (A) The present or 021:002, 003, and 023). The commenter tritomantha in the wet cliff ecosystem, threatened destruction, modification, or provided a 2008 botanical survey report based on a peer review comment that curtailment of its habitat or range; (B) (Gerrish and Leonard Bisel Associates, we include this nonnative plant species overutilization for commercial, LLC, 2008, entire) to confirm the as a threat to this species in its known recreational, scientific, or educational absence of the 15 species on the three locations, in this final rule. purposes; (C) disease or predation; (D) parcels. (5) We added Pisonia spp. as a host the inadequacy of existing regulatory Our Response: We appreciate the plant for the picture-wing fly Drosophila mechanisms; and (E) other natural or information provided by the commenter digressa, in the following locations in manmade factors affecting its continued

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existence. Listing actions may be endangered or threatened under section become an endangered species within warranted based on any of the above 3 of the Act, that species may then be the foreseeable future throughout all or threat factors, singly or in combination. listed as endangered or threatened. The a significant portion of its range.’’ The If we determine that the level of threat Act defines an endangered species as threats to each of the individual 15 posed to a species by one or more of the ‘‘in danger of extinction throughout all species are summarized in Table 3, and five listing factors is such that the or a significant portion of its range,’’ and discussed in detail below. species meets the definition of either a threatened species as ‘‘likely to

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herbivory REC = Recreational vehicles SD = Sedimentation Pt = Potential Blank = Not a Threat LOH = Loss of Host HY = Hybridization NR = No Regeneration F = Flies Predation/ PECIES R S ...... X NR S other NN Predation/ vertebrates herbivory by SLAND I ...... R S ...... X LN ...... R S ...... HY X LN, ungulates AWAII Predation/ herbivory by 15 H Disease Over- ACH OF THE utilization E Pt ...... G...... P, R ...... X LN HS = High Surf E = Erosion D = Dumping (i.e., Human dumping of nonnative fish and trash) LN = Limited Numbers X = Threat HR = Heavy Rain RF = Rockfalls L = Landslides DR = Drought change Climate events DENTIFIED FOR I HS, E. Stochastic Fire W = Wasps LH = Leafhopper B = Beetles H = Hurricane TF = Tree Fall HREATS T X X H, DR ...... Pt ...... P, G, SH, M R ...... X LN Factor A Factor B Factor C Factor D Factor E Non native plants RIMARY P M. Ungulates DC = Dry Cliff WC = Wet Cliff P = Pigs G = Goats C = Cattle A = Ants MD = Montane Dry MM = Montane Mesic M = Mouflon R = Rats LW = Lowland Wet SH = Sheep UMMARY OF ment develop- and urban Agriculture ...... P, G, M, C X ...... H ...... Pt X ...... P, G, M ...... R LH, B ...... X NR 3–S ABLE T WC. CO, DC ...... LD P, G ...... X X ...... LW ...... H, RF, L, ...... P, G P ...... LM, MM, MW X X ...... H ...... P, C, M ..... X MW Pt ...... X H, DR ...... P ...... P, C ...... Pt H ...... X ...... Pt ...... R S ...... LM, MM, MW P, G ...... H ...... AP ...... P, G, C, M X P, C, MHY Pt ...... R G, C X ...... R ...... P, C ...... X ...... H, DR ...... Pt X R ...... Pt ...... X NR ...... H Y ...... LN X ...... W, A ...... X X REC, SD, D LN, LOH, F ... LW, MM, MW ...... P ...... X X ... H ...... MW, WC ...... Pt P ...... X P ...... H ...... Pt X ...... P ...... R S ...... X .... MD ...... P, G, SH, ...... LM, LW, MW, ...... LW, MW, WC ...... P, C ...... X ...... H, TF ...... Pt ...... P, C ...... LW ...... P...... LW, MW ...... X ...... P ...... H, HR, E ..... X Pt ...... H ...... Pt P ...... P ...... NR X LN, ...... LW, MW ...... P, C, M ..... X ...... H, RF, L ...... Pt ...... P, C, M AP = Anchialine Pools CO = Coastal LD = Lowland Dry LM = Lowland Mesic Factor E = Other Species-Specific Threats Factor B = Overutilization Factor C = Disease or Predation Factor D = Inadequacy of Regulatory Mechanisms MW = Montane Wet S = Slugs Factor A = Habitat Modification hillebrandiana . Species Ecosystem ssp. ctenophylla . macraei . ture-wing fly). (Anchialine pool shrimp). Bidens hillebrandiana Bidens micrantha ssp. Cyanea marksii Cyanea tritomantha Cyrtandra nanawaleensis Cyrtandra wagneri Phyllostegia floribunda Pittosporum hawaiiense Platydesma remyi Pritchardia lanigera Schiedea diffusa ssp. Schiedea hawaiiensis Stenogyne cranwelliae Drosophila digressa (Pic- Vetericaris chaceorum Plants: Animals

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The following constitutes a list of Each of the above threats is discussed percent in the past 10 years, further ecosystem-scale threats that affect the in more detail below, and summarized increasing demands on limited land and species in this final rule in one or more in Table 3. water resources in the islands (Hawaii of the 10 described ecosystems on Department of Business, Economic Factor A. The Present or Threatened Development, and Tourism (HDBEDT) Hawaii Island: Destruction, Modification, or (1) Foraging and trampling of native Curtailment of Habitat or Range 2010). plants by feral pigs (Sus scrofa), goats Development and urbanization of the (Capra hircus), cattle (Bos taurus), sheep The Hawaiian Islands are located over lowland dry ecosystem on Hawaii (Ovis aries), or mouflon sheep (Ovis 2,000 mi (3,200 km) from the nearest Island is a threat to one species in this gmelini musimon), which results in continent. This isolation has allowed rule, Bidens micrantha ssp. ctenophylla. severe erosion of watersheds because the few plants and animals that arrived Bidens micrantha ssp. ctenophylla is these mammals inhabit terrain that is in the Hawaiian Islands to evolve into currently found in an area less than 10 often steep and remote (Cuddihy and many highly varied and endemic sq mi (26 sq km) on the leeward slopes Stone 1990, p. 63). Foraging and species (species that occur nowhere else of Hualalai volcano in the lowland dry in the world). The only native terrestrial trampling events destabilize soils that ecosystem. This area encompasses the mammals in the Hawaiian Islands are support native plant communities, bury increasingly urbanized region of north two bat taxa, the extant Hawaiian hoary or damage native plants, and have Kona, where there is very little bat (Lasiurus cinereus semotus) and an adverse water quality effects due to undisturbed habitat (Pratt and Abbott extinct, unnamed, insectivorous bat runoff over exposed soils. 1997, p. 25). Approximately 25 percent (Ziegler 2002, p. 245). The native plants (2) Ungulate destruction of seeds and (119 individuals of 475) of the largest of of the Hawaiian Islands, therefore, seedlings of native plant species via the 6 occurrences of this species is in evolved in the absence of mammalian foraging and trampling (Cuddihy and the right-of-way of the Ane Keohokalole predators, browsers, or grazers. As a Stone 1990, pp. 63, 65) facilitates the Highway Project (USFWS 2010, in litt.) result, many of the native species have conversion of disturbed areas from lost unneeded defenses against threats and Kaloko Makai Development, native to nonnative vegetative such as mammalian predation and although 154 ac (62 ha) will be set aside communities. competition with aggressive, weedy as a lowland dry forest preserve (Kaloko (3) Disturbance of soils by feral pigs plant species that are typical of Makai Dryland Forest Preserve) to from rooting can create fertile seedbeds continental environments (Loope 1992, compensate for the loss of these for alien plants (Cuddihy and Stone p. 11; Gagne and Cuddihy 1999, p. 45; individuals as a result of highway 1990, p. 65), some of them spread by Wagner et al. 1999d, pp. 3–6). For construction and prior to the Kaloko ingestion and excretion by pigs. example, Carlquist (in Carlquist and Makai Development. Individuals of (4) Increased nutrient availability as a Cole 1974, p. 29) notes that ‘‘Hawaiian Bidens micrantha ssp. ctenophylla also result of pigs rooting in nitrogen-poor plants are notably free from many occur in areas where the development of soils, which facilitates establishment of characteristics thought to be deterrents the Villages of Laiopua at Kealakehe and alien weeds. Introduced vertebrates are to (toxins, oils, resins, of the Keahuolu affordable housing known to enhance the of stinging hairs, coarse texture).’’ project (Whistler 2007, pp. 1–18; DHHL alien plants through seed scarification Native Hawaiian plants are therefore 2009, p. 15) is a threat to the species. in digestive tracts or through rooting highly vulnerable to the impacts of Habitat Destruction and Modification by and fertilization with feces of potential introduced mammals and alien plants. Introduced Ungulates seedbeds (Stone 1985, p, 253). In In addition, species restricted and addition, alien weeds are more adapted adapted to highly specialized locations Introduced mammals have greatly to nutrient-rich soils than native plants (e.g., Bidens hillebrandiana ssp. impacted the native vegetation, as well (Cuddihy and Stone 1990, p. 65), and hillebrandiana) are particularly as the native fauna, of the Hawaiian rooting activity creates open areas in vulnerable to changes (e.g., nonnative Islands. The presence of introduced forests allowing alien species to species, hurricanes, fire, and climate alien mammals is considered one of the completely replace native stands. change) in their habitat (Carlquist and primary factors underlying the (5) Rodent damage to plant Cole 1974, pp. 28–29; Loope 1992, pp. alteration and degradation of native propagules, seedlings, or native trees, 3–6; Stone 1992, pp. 88–102). plant communities and habitats on the which changes forest composition and island of Hawaii. The destruction or structure (Cuddihy and Stone 1990, p. Habitat Destruction and Modification by degradation of habitat due to nonnative 67). Agriculture and Urban Development ungulates (hoofed mammals), including (6) Feeding or defoliation of native The consequences of past land use pigs, goats, cattle, sheep, and mouflon, plants from alien , which reduces practices, such as agricultural or urban is currently a threat to the 10 geographic ranges of some species development, have resulted in little or ecosystems (lowland dry, lowland because of damage (Cuddihy and Stone no native vegetation below 2,000 ft (600 mesic, lowland wet, montane dry, 1990, p. 71). m) throughout the Hawaiian Islands montane mesic, montane wet, coastal, (7) Alien insect predation on native (TNC 2007–Ecosystem Database of anchialine pool, dry cliff, and wet cliff) insects, which affects pollination of ArcMap Shapefiles, unpublished), on Hawaii Island and their associated native plant species (Cuddihy and Stone largely impacting the coastal, lowland species. Habitat degradation or 1990, p. 71). dry, lowland mesic, and lowland wet destruction by ungulates is also a threat (8) Significant changes in nutrient ecosystems. Although agriculture has to all 13 plant species and the picture- cycling processes because of large been declining in importance, large wing fly in this final rule (Table 3). numbers of alien invertebrates, such as tracts of former agricultural lands are Habitat degradation or destruction by earthworms, ants, slugs, isopods, being converted into residential areas or ungulates is a threat to the anchialine millipedes, and snails, resulting in left fallow (TNC 2007–Ecosystem pool shrimp at Lua o Palahemo, but is changes to the composition and Database of ArcMap Shapefiles, not reported to pose a threat to the four structure of plant communities unpublished). In addition, Hawaii’s pools that support this species at (Cuddihy and Stone 1990, p. 73). population has increased almost 7 Manuka.

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The destruction or degradation of communities by watershed degradation 34, 95–97, 100–107, 112). Although we habitat due to pigs is currently a threat and alteration of plant nutrient status do not have direct evidence of feral pigs to nine of the Hawaii Island ecosystems due to associated outcomes such as threatening the particular species on (coastal, lowland dry, lowland mesic, sediment build up in waterways and top Hawaii Island that are in this final rule, lowland wet, montane dry, montane soil run off, respectively, as well as those threats have been documented on mesic, montane wet, dry cliff, and wet damage to individual plants from other islands where pigs have been cliff) and their associated species. In landslides (Vitousek et al. 2009, pp. introduced (Mitchell et al. 2005c; U.S. Hawaii, pigs have been described as the 3074–3086; Chan-Halbrendt et al. 2010, Army Garrison 2006, pp. 27, 34, 95–97, most pervasive and disruptive p. 252). 100–107, 112). We find it is reasonable nonnative influence on the unique Pigs have been cited as one of the to infer that threats to these native forests of the Hawaiian Islands, greatest threats to the public and private species that have been observed on and are widely recognized as one of the lands within the Olaa Kilauea other Hawaiian islands would act in a greatest current threats to forest Partnership (an area of land that similar manner on Hawaii Island, where ecosystems (Aplet et al. 1991, p. 56; includes approximately 32,000 ac those species interact. Anderson and Stone 1993, p. 195). (12,950 ha) in the upper sections of the Many of the most important host These feral animals are extremely Olaa and Waiakea forests above Volcano plants of Hawaiian picture-wing flies destructive and have both direct and village) that comprise the lowland (Charpentiera, Pisonia, Pleomele, indirect impacts on native plant mesic, lowland wet, montane mesic, Reynoldsia, Tetraplasandra, Urera, and the lobelioids (e.g., Cyanea spp.)) are communities. While rooting in the earth and montane wet ecosystems that in search of invertebrates and plant also among the most susceptible to support individuals of three of the plant material, pigs directly impact native damage from feral ungulates, such as species in this final rule (Cyanea plants by disturbing and destroying pigs (Foote and Carson 1995, p. 370; tritomantha, Phyllostegia floribunda, vegetative cover, and by trampling Kaneshiro and Kaneshiro 1995, pp. 8, and Pittosporum hawaiiense) (Olaa plants and seedlings. It has been 39; Magnacca et al. 2008, p. 32; Kilauea Partnership Area Feral Animal estimated that at a conservative rooting Magnacca 2013, in litt.). Feral pig Monitoring Report 2005, pp. 1–4; rate of 2 sq yards (yd) (1.7 sq m) per browsing alters the essential Perlman 2007, in litt.; Pratt 2007a, in minute, with only 4 hours of foraging a microclimate in picture-wing fly litt.; Pratt 2007b, in litt.; Benitez et al. day, a single pig could disturb over (Drosophila digressa) habitat by opening 2008, p. 58; HBMP 2010f; HBMP 2010h; 1,600 sq yd (1,340 sq m) (or up the canopy, leading to increased approximately 0.3 ac, or 0.12 ha) of PEPP 2010, p. 60, TNC 2012, in litt.). desiccation of soil and host plants groundcover per week (Anderson et al. Impacts from feral pigs are also a threat (Charpentiera spp. and Pisonia ssp.), 2007, p. 2). to the coastal, lowland mesic, lowland which disrupts the host plants’ life Pigs reduce or eliminate plant wet, montane wet, dry cliff, and wet cycle and decay processes, resulting in regeneration by damaging or eating cliff ecosystems in the northern Kohala disruption of the picture-wing fly’s life seeds and seedlings (further discussion Mountains and adjacent coastline. cycle, particularly oviposition and of predation by nonnative ungulates is These ecosystems support occurrences larvae substrate (Magnacca et al. 2008, provided under Factor C. Disease or of seven of the plant species in this final pp. 1, 32). Foote and Carson (1995, p. Predation, below). Pigs are a major rule (Bidens hillebrandiana ssp. 369) have experimentally demonstrated vector for the establishment and spread hillebrandiana, Cyanea tritomantha, the above detrimental effects of feral of competing invasive, nonnative plant Cyrtandra wagneri, Platydesma remyi, pigs on Drosophila spp. in wet forest species by dispersing plant seeds on Pritchardia lanigera, Schiedea diffusa habitat on the island of Hawaii. In their hooves and fur, and in their feces ssp. macraei, and Stenogyne addition, Montgomery (2005, in litt.; (Diong 1982, pp. 169–170), which also cranwelliae) (Wood 1995, in litt.; Wood 2007, in litt.) and Foote (2005, pers. serves to fertilize disturbed soil (Matson 1998, in litt.; Perlman et al. 2001, in litt.; comm.) have observed feral pig damage 1990, p. 245; Siemann et al. 2009, p. Wagner et al. 2005d, pp. 31–33; Kohala to host plants (e.g., Charpentiera sp., 547). Pigs feed on the fruits of many Mountain Watershed Partnership Cheirodendron sp., Pleomele sp., nonnative plants, such as Passiflora (KMWP) 2007, pp. 54–56; Lorence and Tetraplasandra sp., Urera kaalae) of tarminiana (banana poke) and Psidium Perlman 2007, pp. 357–361; HBMP Hawaiian picture-wing flies on the cattleianum (strawberry guava), 2010a; HBMP 2010c; HBMP 2010f; island of Hawaii (Foote 2005, pers. spreading the seeds of these invasive HBMP 2010i; HBMP 2010j; HBMP comm.) and throughout the main species through their feces as they travel 2010k; PEPP 2010, pp. 63, 101, 106; Bio Hawaiian Islands (Montgomery 2005, in in search of food. Pigs also feed on 2011, pers. comm.). In addition, feral litt.; 2007, in litt.). Magnacca (2012, native plants, such as Hawaiian tree pigs are a threat to the lowland wet and pers. comm.) has observed the lack of ferns that they root up to eat the core of montane wet ecosystems in south Kona, regeneration of picture-wing fly host the trunk (Baker 1975, p. 79). In Kau, and Puna districts that support the plants due to destruction of seedlings addition, rooting pigs contribute to plants Cyanea marksii, Cyrtandra caused by pig rooting and herbivory. erosion by clearing vegetation and nanawaleensis, and Pritchardia lanigera The destruction or degradation of creating large areas of disturbed soil, (Bio 2011, pers. comm.; Magnacca habitat due to goats is currently a threat especially on slopes (Smith 1985, pp. 2011b, pers. comm.; Maui Forest Bird to all 10 of the described ecosystems on 190, 192, 196, 200, 204, 230–231; Stone Recovery Project 2011, in litt.; Crysdale Hawaii Island (anchialine pool, coastal, 1985, pp. 254–255, 262–264; Medeiros 2013, pers. comm.). Feral pigs have also lowland dry, lowland mesic, lowland et al. 1986, pp. 27–28; Scott et al. 1986, been reported in the lowland dry wet, montane dry, montane mesic, pp. 360–361; Tomich 1986, pp. 120– ecosystem that supports the plant montane wet, dry cliff, and wet cliff) 126; Cuddihy and Stone 1990, pp. 64– Bidens micrantha ssp. ctenophylla (Bio and their associated species. Goats 65; Aplet et al. 1991, p. 56; Loope et al. 2011, pers. comm.) and the montane dry occupy a wide variety of habitats on 1991, pp. 1–21; Gagne and Cuddihy ecosystem that supports habitat for the Hawaii Island, where they consume 1999, p. 52; Nogueira-Filho et al. 2009, only known occurrence of the plant native vegetation, trample roots and pp. 3,677–3,682; Dunkell et al. 2011, pp. Schiedea hawaiiensis (Mitchell et al. seedlings, accelerate erosion, and 175–177). Erosion impacts native plant 2005c; U.S. Army Garrison 2006, pp. 27, promote the invasion of alien plants

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(van Riper and van Riper 1982, pp. 34– Knoche 2011, in litt.). Fresh seedlings both Pololu and Waipio Valleys (KMWP 35; Stone 1985, p. 261; Kessler 2011, from native plants attract goats to the 2007, p. 55). Feral cattle are a threat to pers. comm.). Goats are able to access, dry and rough lava (Bio 2011, pers. the lowland wet and montane wet and forage in, extremely rugged terrain, comm.). Further, the host plants ecosystems on Kohala Mountain where and they have a high reproductive (Charpentiera spp. and Pisonia spp.) of individuals of Cyanea tritomantha, capacity (Clarke and Cuddihy 1980, pp. the picture-wing fly in this final rule Pittosporum hawaiiense, and C–19, C–20; Culliney 1988, p. 336; appear to be decreasing throughout their Pritchardia lanigera, and the last wild Cuddihy and Stone 1990, p. 64). ranges due to impacts from browsing individual of Schiedea diffusa ssp. Because of these factors, goats have goats (Foote and Carson 1995, p. 369; macraei, are reported (PEPP 2010, pp. completely eliminated some plant Science Panel 2005, pp. 1–23; Magnacca 59–60; Bio 2011, pers. comm.). species from islands (Atkinson and et al. 2008, p. 32; Magnacca 2013, in According to a 2010 Service report Atkinson 2000, p. 21). litt.). Feral goat browsing alters the (USFWS 2010, pp. 3–15, 4–86), a herd Goats are be highly destructive to picture-wing fly’s (Drosophila digressa) of 200 to 300 feral cattle roams the Kona native vegetation, and contribute to essential microclimate by opening up unit of the Hakalau Forest NWR, where erosion by eating young trees and young the canopy, leading to increased individuals of Cyanea marksii are shoots of plants before they can become desiccation of soil and host plants, reported (USFWS 2010, pp. 3–15, 4–86). established, creating trails that damage which disrupts the host plants’ life Field biologists have observed cattle- native vegetative cover, promoting cycle and decay processes, resulting in induced habitat degradation at all erosion by destabilizing substrate and the disruption of the picture-wing fly’s elevations in this refuge unit, including creating gullies that convey water, and life cycle, particularly oviposition and within the montane wet ecosystem that dislodging stones from ledges that can larvae substrate (Magnacca et al. 2008, supports individuals of Cyanea marksii cause rockfalls and landslides and pp. 1, 32). Based on observations of (PEPP 2007, p. 61; USFWS 2010, pp. 1– damage vegetation below (Cuddihy and goats and their scat (Magnacca 2012, 15, 2–13, 4–10, 4–58–4–59, 4–82, 4–86; Stone 1990, pp. 63–64). A recent study pers. comm.) within the Ka Lae region Bio 2011, pers. comm.; Krauss 2012, by Chynoweth et al. (2011, in litt.), where the Lua o Palahemo anchialine pers. comm.). In addition, the host pool is located, the Service concludes which deployed GPS (global positioning plants (Charpentiera spp. and Pisonia that goats contribute to the degradation system) satellite collars on 12 feral goats spp.) of the picture-wing fly Drosophila of the anchialine pool habitat and, thus, to track movement patterns every 2 digressa have decreased throughout are a threat to the anchialine pool hours for 1 year in Pohakuloa Training their ranges due to impacts from cattle shrimp Vetericaris chaceorum. Feral Area, found that goats prefer native- browsing in the lowland mesic and goats trample and forage on both native dominated shrublands in the montane montane mesic ecosystems (Science and nonnative plants around and near dry ecosystem during the day and Panel 2005, pp. 1–23; Magnacca 2011b, the pool opening at Lua o Palahemo, barren lava at night. Pohakuloa Training in litt.; Magnacca 2013, in litt.). Feral and increase erosion around the pool Area supports one of the few montane cattle browsing alters the picture-wing and sediment entering the pool. fly’s essential microclimate by opening dry forest ecosystems on Hawaii Island The destruction or degradation of that supports native plants in the up the canopy, leading to increased habitat due to cattle is currently a threat desiccation of soil and host plants, montane dry ecosystem, including the to five of the described ecosystems only occurrence of the plant Schiedea which disrupts the host plants’ life (anchialine pool, lowland mesic, cycle and decay processes, resulting in hawaiiensis (U.S. Army Garrison 2006, lowland wet, montane mesic, and the disruption of the picture-wing fly’s pp. 27, 34; Evans 2011, in litt.). In montane wet) on Hawaii Island and life cycle, particularly oviposition and addition, one of the two occurrences of their associated species. Feral cattle eat larvae substrate (Magnacca et al. 2008, the plant Pritchardia lanigera is known native vegetation, trample roots and pp. 1, 32). According to Palikapu from an unfenced area of the Kohala seedlings, cause erosion, create Dedman with the Pele Defense Fund, Mountains, where herds of wild goats disturbed areas into which alien plants observations of feral cattle in the Ka Lae and other ungulates occur (Maly and invade, and spread seeds of alien plants region where the Lua o Palahemo Maly 2004 in KMWP 2007, p. 55; in their feces and on their bodies. The anchialine pool is located contribute to KMWP 2007, pp. 54–55; Warshauer et forest in areas grazed by cattle degrades the degradation of the anchialine pool al. 2009, pp. 10, 24; Laws et al. 2010, to grassland pasture, and plant cover is in litt.; Ikagawa 2011, in litt.). Maly and reduced for many years following habitat (Richarson 2012, in litt.). Feral Maly (2004 in KMWP 2007, p. 55) report removal of cattle from an area. In cattle trample and forage on both native that ‘‘herds of wild goats roam addition, several alien grasses and and nonnative plants around and near throughout this region, trampling, legumes purposely introduced for cattle the pool opening at Lua o Palahemo, grubbing, and rending, grinding the bark forage have become noxious weeds and increase erosion around the pool of old trees and eat the young ones . . . (Tomich 1986, pp. 140–150; Cuddihy and sediment entering the pool. We which will destroy the beauty and alter and Stone 1990, p. 29). therefore conclude that feral cattle are a the climate of the mountainous region of The wet forests of Kohala Mountain threat to the anchialine pool shrimp Hawaii.’’ There are direct observations are reported to have a feral cattle Vetericaris chaceorum (Richardson that goats are also altering the coastal population of at least 100 individuals 2012, in litt., pp. 1–2). Further, cattle ecosystem along the Kohala Mountains, that are causing forest degradation by carcasses have been observed within the the location of the only known wild trampling and browsing, which leads to pool at Lua o Palahemo (Kinzie 2012, in individuals of the plant Bidens subsequent increased nitrogen litt.). Due to the steep sides of the pool, hillebrandiana ssp. hillebrandiana availability through deposition of feces animals may fall into the water, and if (Warshauer et al. 2009, p. 24; Bio 2011, (Stone 1985, p. 253), all of which they die there, their decomposing pers. comm.). Goats are also found in contribute to the influx of nonnative bodies could have a negative impact on North Kona and have been observed plant and animal species (KMWP 2007, the ability of the pool habitat to support browsing in the lowland dry ecosystem pp. 54–55; Laws 2010, in litt.). Feral V. chaceorum (Kinzie 2012, in litt.). that supports the plant B. micrantha cattle are reported from remote regions The destruction or degradation of ssp. ctenophylla (Bio 2011, pers. comm.; on Hawaii Island, including the back of habitat due to feral sheep is currently a

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threat to the montane dry ecosystem on adjacent public and private lands (Hess 1998–2001 on Maui (Medeiros 2010, Hawaii Island and its associated species. 2008, p. 1). According to Ikagawa (2011, pers. comm.)), axis deer move into Feral sheep browse and trample native in litt.), mouflon are found on the slopes urban and forested areas in search of vegetation, and have decimated large of both Mauna Loa and Mauna Kea. food (Waring 1996, in litt., p. 5; areas of native forest and shrubland on Ikagawa (2011, in litt.) also notes that Nishibayashi 2001, in litt.). Like goats, Hawaii Island (Tomich 1986, pp. 156– mouflon and mouflon-sheep hybrids are axis deer are highly destructive to native 163; Cuddihy and Stone 1990, pp. 65– found from sea level to over 3,280 ft vegetation and contribute to erosion by 66). Browsing erodes top soil, which (1,000 m) elevation. Mouflon have high eating young trees and young shoots of alters moisture regimes and micro- reproduction rates; for example, the plants before they can become environments, and results in the loss of original population of 11 individuals on established, creating trails that can native plant and animal taxa (Tomich the island of Hawaii has increased to damage native vegetative cover, 1986, pp. 156–163; Cuddihy and Stone more than 2,500 in 36 years, even promoting erosion by destabilizing 1990, pp. 65–66). In addition, nonnative though mouflon are hunted as a game substrate and creating gullies that opportunistic plant seeds get dispersed animal (Hess 2008, p. 3). Mouflon only convey water, and by dislodging stones to disturbed forest sites by adhering to gather in herds when breeding, thus from ledges that cause rockfalls and sheep wool coats (Hawaii Division of limiting control techniques and hunting landslides and damage vegetation below Forestry and Wildlife (HDOFAW) 2002, efficiency (Hess 2008, p. 3; Ikagawa (Cuddihy and Stone 1990, pp. 63–64). p. 3). 2011, in litt.). Mouflon are both grazers The unauthorized introduction of axis In 1962, game hunters intentionally and browsers, and have decimated vast deer on Hawaii Island is a concern due crossbred feral sheep with mouflon areas of native forest and shrubland to the devastating impacts of habitat sheep and released them on Mauna Kea through browsing and bark stripping destruction by axis deer in nine (Tomich 1986, pp. 156–163). In Palila v. (Stone 1985, p. 271; Cuddihy and Stone ecosystems (coastal, lowland dry, Hawaii Department of Land and Natural 1990, pp. 63, 66; Hess 2008, p. 3). lowland mesic, lowland wet, montane Resources (471 F. Supp. 985 (Haw. Mouflon also create trails and pathways dry, montane mesic, montane wet, dry 1979)), the Federal court ordered through thick vegetation, leading to cliff, and wet cliff) on the islands of complete removal of feral sheep from increased runoff and erosion through Kahoolawe, Lanai, and Maui (Mehrhoff Mauna Kea in 1979, because they were soil compaction. In some areas, the 1993, p. 11; Anderson 2002, poster; harming the endangered palila interaction of browsing and soil Swedberg and Walker 1978, cited in (Loxioides bailleui) by degrading and compaction has led to a change from Anderson 2003, pp. 124–125; Perlman destroying palila habitat in the montane native rainforest to grassy scrublands 2009, in litt., pp. 4–5; Hess 2008, p. 3; dry ecosystem. Throughout the past 30 (Hess 2008, p. 3). Field biologists have Hess 2010, pers. comm.; Kessler 2010, years, attempts to protect the vegetation observed habitat degradation in five of pers. comm.; Medeiros 2010, pers. of Mauna Kea and the saddle from the described ecosystems (lowland comm.). As reported on the islands of sheep have only been sporadically mesic, lowland wet, montane dry, Kahoolawe, Lanai, and Maui, the spread effective (Scowcroft and Conrad 1992, p. montane mesic, and montane wet) that of axis deer into nine of the described 628). Currently, a large feral population support four plants (Cyanea marksii, ecosystems (coastal, lowland dry, surrounds Mauna Kea and extends into Pittosporum hawaiiense, Pritchardia lowland mesic, lowland wet, montane the saddle and northern part of Mauna lanigera, and Schiedea hawaiiensis) dry, montane mesic, montane wet, dry Loa, including the State forest reserves, (Bio 2011, pers. comm.; Ikagawa 2011, cliff, and wet cliff) on Hawaii Island where they trample and browse in litt.; Pratt 2011d, in litt.), and the will lead to similar habitat degradation endangered plants (Hess 2008, p. 1). At picture-wing fly (Drosophila digressa) and destruction if the deer are not the U.S. Army’s Pohakuloa Training (Magnacca 2011b, pers. comm.), in this controlled. The results from the studies Area, located in the saddle area of the final rule. Many of the current and above, in addition to the confirmed island, biologists have reported that proposed fenced exclosures on Hawaii sightings of axis deer on Hawaii Island, feral sheep are a threat to the last Island are only 4 ft (1.3 m) in height, as suggest that axis deer will significantly occurrence of the plant species they are designed to exclude feral pigs, alter these ecosystems and directly Schiedea hawaiiensis, which occurs in goats, and sheep. However, a fence damage or destroy native plants if they the montane dry ecosystem (Mitchell et height of at least 6 ft (2 m) is required become established. Although habitat al. 2005a; U.S. Army Garrison 2006, pp. degradation due to axis deer has not yet 27, 34). to exclude mouflon sheep, as they can Five of the described ecosystems easily jump a 4-ft (1.3-m) fence (Ikagawa been observed on Hawaii Island, we (lowland mesic, lowland wet, montane 2011, in litt.). Both the increased range believe it is reasonable to assume dry, montane mesic, and montane wet) of mouflon, as well as the lack of similar habitat effects on this island. on Hawaii Island, and their associated adequately protected habitat, increase Based on the prevailing evidence of the species are currently threatened by the the threat of mouflon sheep to documented impacts to native destruction or degradation of habitat additional ecosystems on Hawaii Island. ecosystems and individual plants on the due to mouflon sheep. The mouflon Between 2010 and 2011, an other islands, we determine that the sheep (mouflon), native to Asia Minor, unauthorized introduction of axis deer expanding population of axis deer on was introduced to the islands of Lanai (Axis axis) occurred on Hawaii, for the Island of Hawaii, while not and Hawaii in the 1950s, as a managed purposes of big game hunting (Kessler currently resulting in population-level game species, and has become widely 2011, in litt.; Aila 2012a, in litt.). Axis effects to native plants, is expected to do established on these islands (Tomich deer are primarily grazers, but also so in the future if the deer are not 1986, pp. 163–168; Cuddihy and Stone browse numerous palatable plant managed or controlled. See Factor D for 1990, p. 66; Hess 2008, p. 1). In 1968, species, including those grown as further information regarding State mouflon were introduced to Kahuku commercial crops (Waring 1996, in litt., efforts to eradicate this species. Ranch (now a unit of HVNP) on Mauna p. 3; Simpson 2001, in litt.). They prefer In summary, the 15 species dependent Loa for trophy hunting. By 2008, the lower, more openly vegetated areas upon the 10 ecosystems identified in mouflon ranged over the southern part for browsing and grazing; however, this final rule (anchialine pool, coastal, of Mauna Loa in the Kahuku area on during episodes of drought (e.g., from lowland dry, lowland mesic, lowland

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wet, montane dry, montane mesic, shrimp is not directly impacted by Nonnative plants outcompete native montane wet, dry cliff, and wet cliff) are nonnative plants (see Table 3)). plants by growing faster, and some may exposed to the ongoing threat of feral The most-often cited effects of release chemicals that inhibit the ungulates (pigs, goats, cattle, sheep, and nonnative plants on native plant species growth of other plants. Nonnative plants mouflon sheep). Additionally, if not are competition and displacement. may also displace native species by adequately managed or controlled, Competition may be for water, light, or preventing their reproduction, usually impacts from axis deer may also become nutrients, or it may involve allelopathy by shading and taking up available sites a threat to these ecosystems in the (chemical inhibition of other plants). for seedling establishment (Vitousek et future. These negative impacts result in Alien plants displace native species of al. 1987, pp. 224–227). These the destruction and degradation of plants by preventing their reproduction, competitive advantages allow nonnative habitat for these 15 native species on usually by shading and taking up plants to convert native-dominated Hawaii Island. The effects of these available sites for seedling plant communities to nonnative plant nonnative animals include the establishment. Alien plant invasions communities (Cuddihy and Stone 1990, destruction of vegetative cover; alter entire ecosystems by forming p. 74; Vitousek 1992, pp. 33–35). trampling of plants and seedlings; direct monotypic stands, changing fire In summary, nonnative plants consumption of native vegetation; soil characteristics of native communities, adversely impact native habitat in disturbance and sedimentation; altering soil-water regimes, changing Hawaii, including 9 of the described dispersal of alien plant seeds on hooves nutrient cycling, or encouraging other Hawaii Island ecosystems that support and coats, and through the spread of nonnative organisms (Smith 1989, pp. 14 of the 15 species (not the anchialine seeds in feces; alteration of soil nitrogen 61–69; Vitousek et al. 1987, pp. 224– pool shrimp), and directly adversely availability; and creation of open, 227). impact the 13 plant species, by: (1) disturbed areas conducive to further Nonnative plants pose serious and Modifying the availability of light ongoing threats to 14 of the 15 species invasion by nonnative pest plant through alterations of the canopy (not the anchialine pool shrimp) in this species. All of these impacts lead to the structure; (2) altering soil-water regimes; final rule throughout their ranges by subsequent conversion of a plant (3) modifying nutrient cycling; (4) destroying and modifying habitat. They community dominated by native species altering the fire regime affecting native can adversely impact microhabitat by to one dominated by nonnative species plant communities (e.g., successive fires modifying the availability of light and (see ‘‘Habitat Destruction and that burn farther and farther into native nutrient cycling processes, and by Modification by Nonnative Plants,’’ habitat, destroying native plants and altering soil-water regimes. They can below). In addition, because these removing habitat for native species by also alter fire regimes affecting native mammals inhabit terrain that is often altering microclimatic conditions to plant habitat, leading to incursions of steep and remote (Cuddihy and Stone favor alien species); and (5) ultimately 1990, p. 59), foraging and trampling fire-tolerant nonnative plant species into native habitat. Alteration of fire converting native-dominated plant contributes to severe erosion of communities to nonnative plant watersheds and degradation of streams regimes clearly represents an ecosystem- level change caused by the invasion of communities (Smith 1985, pp. 180–181; (Dunkell et al. 2011, pp. 175–194). As Cuddihy and Stone, 1990, p. 74; early as 1900, there was increasing nonnative grasses (D’Antonio and D’Antonio and Vitousek 1992, p. 73; concern expressed about the integrity of Vitousek 1992, p. 73). The grass lifeform Vitousek et al. 1997, p. 6). island watersheds, due to effects of supports standing dead material that ungulates and other factors, leading to burns readily, and grass tissues have A summary of the specific impacts of the establishment of a professional large surface-to-volume ratios and can nonnative plant species is included forestry program emphasizing soil and dry out quickly (D’Antonio and below. Please refer to the proposed rule water conservation (Nelson 1989, p. 3). Vitousek 1992, p. 73). The flammability (77 FR 63928; October 17, 2012) for a of biological materials is determined list of nonnative plants organized by Habitat Destruction and Modification by primarily by their surface-to-volume their ecosystems, a detailed discussion Nonnative Plants ratio and moisture content, and of their specific negative effects on the Native vegetation on all of the main secondarily by mineral content and 14 affected Hawaii Island species, and Hawaiian Islands has undergone tissue chemistry (D’Antonio and the literature cited for each nonnative extreme alteration because of past and Vitousek 1992, p. 73). The finest size plant species. In particular, we note that present land management practices, classes of material (mainly grasses) we provide discussions of nonnative including ranching, the deliberate ignite and spread fires under a broader plants in coastal, lowland wet, dry cliff, introduction of nonnative plants and range of conditions than do woody fuels and wet cliff ecosystems in this rule animals, and agricultural development or even surface litter (D’Antonio and (below), but the discussions for (Cuddihy and Stone 1990, pp. 27, 58). Vitousek 1992, p. 73). The grass life nonnative plants in the lowland dry, The original native flora of Hawaii form allows rapid recovery following lowland mesic, montane dry, montane (species that were present before fire; there is little above-ground mesic, and montane wet ecosystems can humans arrived) consisted of about structural tissue, so almost all new be found in the October 17, 2012, 1,000 taxa, 89 percent of which were tissue fixes carbon and contributes to proposed rule (77 FR 63928). Based on endemic (species that occur only in the growth (D’Antonio and Vitousek 1992, comments we received on the proposed Hawaiian Islands). Over 800 plant taxa p. 73). Grass canopies also support a rule, we have also added information have been introduced from elsewhere, microclimate in which surface below regarding the nonnative plants and nearly 100 of these have become temperatures are hotter, vapor pressure wedelia, strawberry guava, and skunk pests (e.g., injurious plants) in Hawaii deficits are larger, and the drying of weed that pose threats to three plants, (Smith 1985, p. 180; Cuddihy and Stone tissues more rapid than in forests or Bidens hillebrandiana ssp. 1990, p. 73; Gagne and Cuddihy 1999, woodlands (D’Antonio and Vitousek hillebrandiana (threats from wedelia), p. 45). Of these 100 nonnative pest plant 1992, p. 73). Thus, conditions that favor Cyanea tritomantha (threats from species, over 35 species have altered the fire are much more frequent in strawberry guava), and Cyrtandra habitat of 14 of the 15 species in this grasslands (D’Antonio and Vitousek nanawaleensis (threats from skunk final rule (only the anchialine pool 1992, p. 73). weed), in this final rule.

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• Andropogon virginicus may release the Metrosideros forest canopy in • Passiflora edulis is a vigorous vine allelopathic substances that Hawaii, impacting the availability of that overgrows and smothers the forest dramatically decrease native plant nutrients for native plants. canopy; its fruit encourages rooting and reestablishment, and has become • Heterotheca grandiflora is an trampling by feral pigs. dominant in areas subjected to natural opportunistic colonizer that grows • is now a or human-induced fires. quickly, forms dense stands, and serious pest in mesic forest, where it • Anemone hupehensis var. japonica inhibits recruitment of native plants. overgrows and smothers the forest has wind-distributed seeds, and resists • Juncus effusus spreads by seeds and canopy. Seeds are readily dispersed by grazing because of toxic chemicals that rhizomes, and forms dense mats that humans, birds, and feral pigs; fallen induce vomiting when ingested. crowd out native plants. fruit encourage rooting and trampling by • Angiopteris evecta forms dense • Juncus is a weedy colonizer that pigs. stands that displace and shade out can tolerate environmental stress and • Pennisetum setaceum is an native plants. outcompete native species. aggressive colonizer that outcompetes • Axonopus fissifolius can • Juncus planifolius forms dense mats most native species by forming outcompete other grasses in wet forests and has the potential to displace native widespread, dense, thick mats. This and bogs and outcompetes native plants plants by preventing establishment of species is also fire-adapted and burns for moisture. native seedlings. swiftly and hot, causing extensive • Buddleia asiatica can tolerate a • Lantana camara is aggressive, damage to the surrounding habitat. wide range of habitats, forms dense thorny, and forms thickets, crowding • Pluchea spp. are adapted to a wide thickets, and is rapidly spreading into out and preventing the establishment of variety of soils and sites, tolerate wet forest and lava and cinder substrate native plants. excessively well-drained to poorly areas in Hawaii, displacing native • Leucaena leucocephala is an drained soil conditions, the full range of vegetation. aggressive competitor that often forms soil textures, acid and alkaline • Casuarina equisetifolia forms the dominant element of the vegetation reactions, salt and salt spray, and monotypic stands under which little in low-elevation, dry, disturbed areas in compaction. They quickly invade else grows. It is thought that the roots Hawaii. burned areas, but being early • and needle litter exude a chemical that Plants in the genus Melastoma have successional, they are soon replaced by kills other plants. high germination rates, exhibit rapid other species. These adaptive • forms a dense growth, have possible asexual capabilities increase the species’ understory, shades out native plants, reproduction, and are efficient at seed competitive abilities over native plants. and prevents their regeneration. dispersal, especially by birds that are • Polygonum punctatum forms dense • Delairea odorata covers and attracted by copious production of patches that prohibit the establishment suppresses growth and germination of berries. These characteristics enable the of native plants after disturbance events. native species by carpeting the ground plants to be aggressive competitors in • Prosopis pallida overshadows other and rooting down at leaf nodes. This Hawaiian ecosystems. vegetation and has deep tap roots that species can also grow in the canopy, • Melinis repens invades disturbed significantly reduce available water for where it smothers native trees. dry areas from coastal regions to native dryland plants. This plant fixes • Digitaria setigera propagates by subalpine forest; dense stands of this nitrogen and can outcompete native seeds and runners; a single flowering species can contribute to recurrent fires. species. stem produces hundreds of seeds. • Miconia calvescens reproduces in • Psidium cattleianum forms dense • Ehrharta stipoides creates a thick dense shade, eventually shading out all stands in which few other plants can mat in which other species cannot other plants to form a monoculture. grow, displacing native vegetation regenerate; its seeds are easily dispersed • Omalanthus populifolius has the through competition. The fruit is eaten by awns (slender, terminal bristle-like potential to colonize entire gulches, by feral pigs and birds that disperse the process found at the spikelette in many displacing and inhibiting the seeds throughout the forest. grasses) that attach to fur or clothing. regeneration of native plants. • Rubus argutus displaces native • Erigeron karvinskianus spreads • Paederia foetida (skunk weed) is a vegetation through competition. rapidly by stem layering and regrowth perennial climbing or trailing vine in • Rubus ellipticus smothers smaller of broken roots to form dense mats, the coffee family (Rubiaceae) that can plants, including native species. crowding out and displacing ground- grow to 30 ft (9 m) long and occurs on • Rubus rosifolius forms dense level plants. , Oahu, Maui, and Hawaii Island thickets and outcompetes native plant • Falcataria moluccana can quickly (Center for Invasive Species and species. It easily reproduces from roots establish in disturbed and nondisturbed Ecosystem Health (CISEH 2010, in litt.; left in the ground, and seeds are spread mesic to wet areas. Its rapid growth U.S. Forest Service 2013, in litt.). It by birds and feral animals. habit enables it to outcompete slow- reproduces vegetatively or by seed, and • Schefflera actinophylla is shade growing native trees by reducing light can invade natural and disturbed areas tolerant and can spread deep into availability, and its abundant, high- in Hawaii. It completely covers and undisturbed forests, forming dense quality litter alters nutrient dynamics in smothers understory vegetation, thickets, as its numerous seeds are the soil. outcompetes low-growing plants and readily dispersed by birds. It grows • Grevillea spp. leaves produce an small shrubs for light and space, and epiphytically, strangling its host tree. allelopathic substance that inhibits the can form mat-like sheaths that may • Schinus terebinthifolius forms establishment of all other plant species cover several acres (CISEH 2010, in litt.; dense thickets in all habitats, and its red underneath the canopy. U.S. Forest Service 2013, in litt.). berries are attractive to and dispersed by • Hedychium spp. form vast, dense • Paspalum conjugatum has small, birds. The seedlings grow very slowly colonies, displacing other plant species, hairy seeds are easily transported on and can survive in dense shade, and reproduce by rhizomes where humans and animals, or are carried by exhibiting vigorous growth when the already established. In addition to the wind through native forests, where canopy is opened after a disturbance, outcompeting native plants, Hedychium it establishes and displaces native allowing it to displace native vegetation spp. reduce the amount of nitrogen in vegetation. through competition.

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• Senecio madagascariensis can dense mats that crowd out and prevent damage to surrounding habitat. Digitaria produce abundant seeds each year that establishment of individuals of Bidens setigera propagates by seeds and are easily distributed by wind. This hillebrandiana ssp. hillebrandiana. runners, and a single flower stem combination of long-range dispersal of Nonnative canopy species that pose a produces hundreds of seeds, which its seeds and its allelopathic properties threat to B. hillebrandiana ssp. crowds out Bidens hillebrandiana ssp. enables this species to successfully hillebrandiana include Casuarina hillebrandiana, thus preventing outcompete native plants. equisetifolia (ironwood), which form regeneration. These nonnative plant • Setaria palmifolia is resistant to fire monotypic stands that prevent the species pose serious and ongoing threats and recovers quickly after being burned, growth of B. hillebrandiana ssp. to Bidens hillebrandiana ssp. outcompeting native vegetation. hillebrandiana below by over shading hillebrandiana, which depends on this • Sphagneticola trilobata is a and accumulation of pine needle litter ecosystem. creeping, mat-forming, fast-growing (Perlman and Wood 2006, in litt.). In Nonnative Plants in the Lowland Wet perennial herb in the sunflower addition, the nonnative grass Ecosystem (Asteraceae) family. It is found on all of Pennisetum setaceum (fountain grass) is the main Hawaiian Islands (Thaman a threat to B. hillebrandiana ssp. Nonnative plant species that are a 1999, pp. 1–10) and is considered one hillebrandiana (Perlman and Wood threat to the 7 of the 13 plant species of Hawaii’s most invasive horticultural 2006, in litt.; Bio 2011, pers. comm.) (Cyanea marksii, Cyanea tritomantha, plants. It has spread throughout the because fountain grass forms dense mats Cyrtandra nanawaleensis, Cyrtandra Pacific and in many cases has become that cover very large areas, thus wagneri, Phyllostegia floribunda, a noxious weed, covering extensive outcompeting B. hillebrandiana ssp. Platydesma remyi, and Pritchardia areas in agricultural lands, along hillebrandiana, in addition to being a lanigera) in this final rule that inhabit roadsides and trailsides, in open lots, in notorious fire-adapted plant that burns the lowland wet ecosystem on Hawaii waste places and garbage dumps, and at swiftly and hot, causing extensive Island include the understory and other disturbed sites (Thaman 1999, pp. damage to surrounding habitat. These subcanopy species Clidemia hirta 1–10; HEAR 2013). This species can also nonnative plant species pose serious (Koster’s curse), Erigeron karvinskianus be found in relatively undisturbed sites and ongoing threats to the species B. (daisy fleabane), Hedychium along coastlines, often out-competing hillebrandiana ssp. hillebrandiana, gardnerianum, Juncus effusus (Japanese native coastal herbaceous species, like which depends on this ecosystem. mat rush), J. ensifolius (dagger-leaved Bidens hillebrandiana ssp. rush), J. planifolius (bog rush), hillebrandiana (Thaman 1999, pp. 1– Nonnative Plants in the Dry Cliff Melastoma spp., Paederia foetida 10). Ecosystem (skunk weed), Passiflora edulis (passion • Cyathea cooperi can achieve high Nonnative plant species that are a fruit), P. tarminiana (banana poka), densities in native Hawaiian forests and threat to Bidens hillebrandiana ssp. Polygonum punctatum (water displace native species. Understory hillebrandiana, the only plant species in smartweed), Rubus argutus (prickly disturbance by feral pigs facilitates the this final rule that inhabits the dry cliff Florida blackberry), R.ellipticus (yellow establishment of this species, which has ecosystem on Hawaii Island, include the Himalayan raspberry), R. rosifolius, been known to spread over 7 mi (12 km) understory and subcanopy species Cyathea cooperi (Australian tree fern), through windblown dispersal of spores Lantana camara, Melastoma spp., Tibouchina herbacea (glorybush), and from plant nurseries. Pluchea carolinensis, and Sphagneticola T. urvilleana (princess flower) (Wood • Tibouchina spp. is naturalized and trilobata (Perlman and Wood 2006, in 1995, in litt.; Perlman et al. 2001, in litt.; abundant in disturbed mesic to wet litt.; Bio 2011, pers. comm.; Perry 2012, Perlman and Wood 2006, in litt.; forest on the islands of Molokai, Lanai, in litt.). These nonnative plants species Perlman and Perry 2003, in litt.; Lorence Maui, and Hawaii. It forms dense are fast growing, and form either and Perlman 2007, pp. 357–361; PEPP thickets, crowding out all other plant thickets or dense mats that crowd out 2007, pp. 1–65; PEPP 2008, pp. 87–111; species, and inhibits regeneration of and prevent establishment of Perlman and Bio 2008, in litt.; Perlman native plants. individuals of Bidens hillebrandiana et al. 2008, in litt.; HBMP 2010c; HBMP • Ulex europaeus spreads numerous ssp. hillebrandiana. Nonnative canopy 2010e; HBMP 2010f; HBMP 2010g; seeds by explosive opening of the pods. species that pose a threat to B. HBMP 2010h; HBMP 2010i; PEPP 2010, It can rapidly form extensive dense and hillebrandiana ssp. hillebrandiana pp. 33–121; Perry 2012, in litt.). These impenetrable infestations, and competes include Casuarina equisetifolia and understory nonnative plant species with native plants, preventing their Psidium cattleianum (Perlman and overcrowd, displace, smother, or shade establishment. Wood 2006, in litt.; Bio 2011, pers. out the seven plant species listed as comm.), which form monotypic stands endangered species in this rule (see Nonnative Plants in the Coastal that prevent the growth of B. above) that occupy the lowland wet Ecosystem hillebrandiana ssp. hillebrandiana ecosystem. Nonnative canopy species Nonnative plant species that pose a below by over shading and crowding that are a threat to the seven species threat to Bidens hillebrandiana ssp. out. In addition, Casuarina equisetifolia include Angiopteris evecta (mule’s foot hillebrandiana, the only plant species in accumulates high levels of pine needle fern), Falcataria moluccana (albizia), this final rule that inhabits the coastal litter that further prevent understory Miconia calvescens (miconia), Psidium ecosystem on Hawaii Island, include the growth. The nonnative grasses Digitaria cattleianum, and Schefflera understory and subcanopy species setigera and Pennisetum setaceum pose actinophylla (octopus tree) (Palmer Pluchea carolinensis (sourbush), P. a threat to this ecosystem (Perlman and 2003, p. 48; HBMP 2010c; HBMP 2010e; indica (Indian fleabane), Lantana Wood 2006, in litt.; Bio 2011, pers. HBMP 2010f; HBMP 2010g; HBMP camara (lantana), Melastoma spp., and comm.). Fountain grass forms dense 2010h; HBMP 2010i; PEPP 2010, p. 62; Sphagneticola trilobata (wedelia) mats that cover very large areas, thus Lau 2011, in litt.; Magnacca 2011b, pers. (Perlman and Wood 2006, in litt.; Bio outcompeting Bidens hillebrandiana comm.; Pratt 2011a, in litt.; Price 2011, 2011, pers. comm.; Perry 2012, in litt.). ssp. hillebrandiana, in addition to being in litt.). These nonnative canopy species These nonnative plants species are fast a notorious fire adapted plant that burns form dense stands that shade out and growing, and form either thickets or swiftly and hot, causing extensive over crowd the 7 plant species listed as

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endangered species in this rule (see often discontinuous, and rainfall in species most likely to be spread as a above) that inhabit the lowland wet many areas on most islands was, and is, consequence of fire are those that ecosystem. Nonnative grasses that pose moderate to high. Fires inadvertently or produce a high fuel load, are adapted to a threat to this ecosystem are Ehrharta intentionally ignited by the original survive and regenerate after fire, and stipoides and Setaria palmifolia Polynesians in Hawaii probably establish rapidly in newly burned areas. (palmgrass) (Lorence and Perlman 2007, contributed to the initial decline of Grasses (particularly those that produce pp. 357–361; PEPP 2007, pp. 1–65; native vegetation in the drier plains and mats of dry material or retain a mass of HBMP 2010c; HBMP 2010f; HBMP foothills. These early settlers practiced standing dead leaves) that invade native 2010g), because they form thick mats slash-and-burn agriculture that created forests and shrublands provide fuels that prevent growth and regeneration of open lowland areas suitable for the later that allow fire to burn areas that would the seven plant species listed as colonization of nonnative, fire-adapted not otherwise easily burn (Fujioka and endangered species (see above) in this grasses (Kirch 1982, pp. 5–6, 8; Cuddihy Fujii 1980 in Cuddihy and Stone 1990, rule that occupy the lowland wet and Stone 1990, pp. 30–31). Beginning p. 93; D’Antonio and Vitousek 1992, pp. ecosystem.These nonnative plant in the late 18th century, Europeans and 70, 73–74; Tunison et al. 2002, p. 122). species pose serious and ongoing threats Americans introduced plants and Native woody plants may recover from to the seven species that depend on this animals that further degraded native fire to some degree, but fire shifts the ecosystem. Hawaiian ecosystems. Pasturage and competitive balance toward alien ranching, in particular, created high Nonnative Plants in the Wet Cliff species (National Park Service (NPS) fire-prone areas of nonnative grasses Ecosystem 1989, in Cuddihy and Stone 1990, p. and shrubs (D’Antonio and Vitousek 93). On a post-burn survey at Nonnative plant species that pose a 1992, p. 67). Although fires were Puuwaawaa on Hawaii Island, an area of threat to the three plant species (Cyanea historically infrequent in mountainous native Diospyros forest with tritomantha, Pritchardia lanigera, and regions, extensive fires have recently undergrowth of the nonnative grass Stenogyne cranwelliae) in this final rule occurred in lowland dry and lowland Pennisetum setaceum, Takeuchi noted that inhabit the wet cliff ecosystem on mesic areas, leading to grass-fire cycles that ‘‘no regeneration of native canopy Hawaii Island include the canopy, that convert forest to grasslands is occurring within the Puuwaawaa understory and subcanopy species (D’Antonio and Vitousek 1992, p. 77). burn area’’ (Takeuchi 1991, p. 2). Hedychium coronarium, H. Because several Hawaiian plants Takeuchi (1991, pp. 4, 6) also stated that gardnerianum, Juncus effusus, show some tolerance of fire, Vogl ‘‘burn events served to accelerate a Passiflora tarminiana, Psidium proposed that naturally occurring fires decline process already in place, cattleianum, Rubus rosifolius, may have been important in the compressing into days a sequence that Tibouchina herbacea, and T. urvilleana development of the original Hawaiian would ordinarily take decades,’’ and (HBMP 2010c; HBMP 2010f; HBMP flora (Vogl 1969 in Cuddihy and Stone concluded that in addition to increasing 2010k; Perry 2012, in litt.). These 1990, p. 91; Smith and Tunison 1992, p. the number of fires, the nonnative understory nonnative plant species 394). However, Mueller-Dombois (1981 Pennisetum acted to suppress the overcrowd, displace, smother, or shade in Cuddihy and Stone 1990, p. 91) establishment of native plants after a out the three plant species listed as points out that most natural vegetation fire. endangered species in this rule (see types in Hawaii would not carry fire above) that occupy the wet cliff before the introduction of alien grasses, For decades, fires have impacted rare ecosystem. The nonnative grasses and Smith and Tunison (1992, p. 396) or endangered species and their habitat Axonopus fissifolius, Ehrharta state that native plant fuels typically (HDOFAW 2002, pp. 1, 4–6; Dayton stipoides, Paspalum conjugatum, and have low flammability. Because of the 2007, in litt.; Joint Fire Science Program Setaria palmifolia also pose a threat to greater frequency, intensity, and (JFSP) 2009, pp. 1–12; Weise et al. 2010, the three species in this ecosystem duration of fires that have resulted from pp. 199–220; Kakesako 2011, in litt.). (HBMP 2010c; HBMP 2010f; HBMP the introduction of nonnative plants On the island of Hawaii, wildfires are 2010k), because they form thick mats (especially grasses), fires are now caused primarily by lava flows, humans, that prevent growth and regeneration. destructive to native Hawaiian and lightning, all of which are These nonnative plant species pose ecosystems (Brown and Smith 2000, p. exacerbated by severe drought and serious and ongoing threats to the three 172), and a single grass-fueled fire can nonnative grasses (e.g., Pennisetum species that depend on this ecosystem. kill most native trees and shrubs in the setaceum) (Dayton 2007, in litt.; JFSP burned area (D’Antonio and Vitousek 2009, pp. 1–6; Armstrong and Media Habitat Destruction and Modification by 1992, p. 74). 2010, in litt.; Weise et al. 2010, pp. 199– Fire Fire represents a threat to four of the 216; Adkins et al. 2011, p. 17; Hawaii Fire is an increasing, human- species found in the lowland dry, County Major.com–accessed September exacerbated threat to native species and lowland mesic, lowland wet, montane 7, 2011; Burnett 2010, in litt.; KHON2, native ecosystems in Hawaii. The dry, and montane mesic ecosystems June 6, 2011). Between 2002 and 2003, historical fire regime in Hawaii was addressed in this final rule: the plants three successive lava-ignited wildfires characterized by infrequent, low Bidens micrantha ssp. ctenophylla, in the east rift zone of HVNP affected severity fires, as few natural ignition Phyllostegia floribunda, and Schiedea native forests in lowland dry, lowland sources existed (Cuddihy and Stone hawaiiensis; and the picture-wing fly mesic, and lowland wet ecosystems 1990, p. 91; Smith and Tunison 1992, (see Table 3). Fire can destroy dormant (JFSP 2009, p. 3), cumulatively burning pp. 395–397). It is believed that prior to seeds of these species as well as plants an estimated 11,225 ac (4,543 ha) human colonization, fuel was sparse themselves, even in steep or (Wildfire News, June 9, 2003; JFSP and inflammable in wet plant inaccessible areas. Successive fires that 2009, p. 3). These fires destroyed over communities and seasonally flammable burn farther and farther into native 95 percent of the canopy cover in the in mesic and dry plant communities. habitat destroy native plants and burned areas and encroached upon The primary ignition sources were remove habitat for native species by rainforests (i.e., forests in the lowland volcanism and lightning (Baker et al. altering microclimate conditions wet ecosystem) that were previously 2009, p. 43). Natural fuel beds were favorable to alien plants. Alien plant thought to have low susceptibility or

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even be relatively immune to wildfires quarter-mile (0.5 km) of PTA (KHON2, Climate Change,’’ below) in the Pacific, (JFSP 2009, pp. 2–3; Wildfire News, June 6, 2011). The Puu Anahulu GMA a half-century decline in annual rainfall, June 9, 2003). After the fires, nonnative lies just 3 mi (5 km) northwest of the and intermittent dry spells has fueled ferns were reported in the higher only known occurrence of S. wildfires throughout all of the main elevation rainforests where they had not hawaiiensis in the montane dry Hawaiian Islands (Marcus 2010, in litt.). previously been observed, and were ecosystem. Also in 2011, a 120-ac (49- The entire State is experiencing dry believed to inhibit the ability of the ha) wildfire broke out near Kaiminani conditions, but Hawaii Island appears to dominant native Metrosideros Street (Jensen 2011, in litt.), just north be significantly impacted (Kodama polymorpha (ohia) trees to recover (JFSP of Hina Lani Road, in the lowland dry 2010, in litt.; USDA–FSA 2012, in litt.). 2003, pp. 1–2). Nonnative flammable ecosystem, where the largest occurrence Fire is a threat to three plant species grasses also spread in the area, under of the plant species Bidens micrantha (Bidens micrantha ssp. ctenophylla, the dead ohia trees (Ainsworth 2011, in ssp. ctenophylla, which is listed as Phyllostegia floribunda, and Schiedea litt.), increasing the risk of fire in endangered in this rule, is found. In hawaiiensis), and the picture-wing fly surrounding native forested areas. In addition, the threat of fire to this species (Drosophila digressa), reported from 2011, the Napau Crater wildfire, ignited is increased by its occurrence in areas Hawaii Island’s lowland dry, lowland by an eruption at the Kamoamoa fissure bordered by residential developments, mesic, lowland wet, montane dry, and in HVNP, consumed over 2,076 ac (840 schools, and roads, which provide montane mesic ecosystems, because ha), including 100 ac (40 ha) of the numerous ignition sources from the individuals of these species or their 2,750-ac (1,113-ha) east rift zone’s high volume of human traffic. A recent habitat are located in or near areas that special ecological area (Ainsworth 2011, fire at the Villages of Laiopua were burned in previous fires or in areas in litt.; Kakesako 2011, in litt.). Special subdivision at Kealakehe, known to at risk for fire due to volcanic activity, ecological areas (SEA) are HVNP’s most have been intentionally set, burned drought, or the presence of highly intact and intensively managed natural close to an area that supports B. flammable nonnative grasses and systems (Tunison and Stone 1992, pp. micrantha ssp. ctenophylla (Knoche shrubs. 781–798). The plant Phyllostegia 2012, in litt.). Although no B. micrantha Habitat Destruction and Modification by floribunda, in this final rule, is known ssp. ctenophylla individuals were Hurricanes from the east rift zone’s Napau Crater, burned, the immediate proximity of the Hurricanes adversely impact native in the lowland wet ecosystem (Belfield fire to occupied and unoccupied habitat Hawaiian terrestrial habitat and 1998, pp. 9, 11–13, 23; Pratt 2007b, in for this species demonstrates the threat exacerbate the impacts resulting from litt.; HBMP 2010h). In addition, of fire to B. micrantha ssp. ctenophylla in the lowland dry ecosystem at other threats such as habitat degradation historical records report that the plant by ungulates and competition with Cyanea tritomantha, which is listed as Kealakehe. Fire is also a threat to the picture- nonnative plants. They do this by endangered in this rule, also occurred in destroying native vegetation, opening this area, in the same ecosystem; wing fly Drosophila digressa at one of its two known locations (the Manuka the canopy and thus modifying the however, the last survey that reported availability of light, and creating this occurrence was over 25 years ago NAR) due to the ongoing extreme drought conditions in this region and disturbed areas conducive to invasion (Lamoureux et al. 1985, pp. 105, 107– by nonnative pest species (see ‘‘Specific 108; HBMP 2010h). the resulting accumulation of dead trees (i.e., fuel load), in the lowland mesic Nonnative Plant Species Impacts,’’ on Fire is a threat to the Kona (leeward) and montane mesic ecosystems page 63952 of our October 17, 2012, side of Hawaii Island. In the past 50 (Magnacca 2011b, pers. comm.). proposed rule (77 FR 63928)) (Asner years, there have been three wildfires Throughout the Hawaiian Islands, and Goldstein 1997, p. 148; Harrington that burned 20,000 ac (8,094 ha) or increased fuel loads and human-ignited et al. 1997, pp. 539–540). Canopy gaps more: (1) 20,000 ac (8,094 ha) burned at fires caused the average acreage burned allow for the establishment of nonnative Puuwaawaa Ranch in 1985; (2) 20,000 to increase five-fold from the early plant species, which may be present as acres (8,094 ha) burned at the U.S. 1900s (1904 to 1939) to the mid-1900s plants or as seeds incapable of growing Army’s PTA in 1994; and (3) 25,000 ac (1940 to 1976) (La Rosa et al. 2008, p. under shaded conditions. Because many (10,117 ha) burned in Waikoloa in 2005 231). In HVNP, fires were three times Hawaiian plant and animal species, (Thompson 2005, in litt.). The only more frequent and 60 times larger, on including the 15 species in this final known occurrence (25 to 40 individuals) average, from the late 1960s to 1995, rule, persist in low numbers and in of the plant Schiedea hawaiiensis, in when compared to data spanning 1934 restricted ranges, natural disasters, such this final rule, is found on PTA, and the to the late 1960s (Tunison et al. 2001 in as hurricanes, can be particularly 1994 fire burned to within 2 mi (4 km) La Rosa et al. 2008, p. 231). The devastating (Mitchell et al. 2005a, pp. of this species (U.S. Army Garrison historical fire regimes have been altered 3–4), although we do not consider 2006, p. 34; Evans 2011, in litt.). from typically rare events to more hurricanes to represent a present threat Although this fire may seem relatively frequent events, largely a result of to Vetericaris chaceorum. distant from S. hawaiiensis, wildfires continuous fine fuel loads associated Hurricanes affecting Hawaii were only can travel from 4 to 8 miles per hour with the presence of the fire-tolerant, rarely reported from ships in the area (mph) (6.5 to 13 kilometers per hour nonnative fountain grass and the grass- from the 1800s until 1949. Between (kph)), and burn 2.5 ac (1 ha) to 6 ac (2.5 fire feedback cycle that promotes its 1950 and 1997, 22 hurricanes passed ha) per minute (the equivalent of 6 to 8 establishment (La Rosa et al. 2008, pp. near or over the Hawaiian Islands, 5 of football fields per minute), depending 240–241; Pau 2009, in litt.). Extreme which caused serious damage (Businger on the fuel type, wind, and slope of land drought conditions are also contributing 1998, pp. 1–2). In November 1982, (Burn Institute 2009, p. 4). In 2011, a to the number and intensity of the Hurricane Iwa struck the Hawaiian 500-ac (202-ha) wildfire ignited by wildfires on Hawaii Island (Armstrong Islands, with wind gusts exceeding 100 lightning and fueled by nonnative and Media 2010, in litt.; Loh 2010, in mph (161 kph), causing extensive Pennisetum setaceum burned within the litt.). In addition, the combination of El damage, especially on the islands of State’s Puu Anahulu Game Management Nin˜ o conditions (see ‘‘Habitat , Kauai, and Oahu (Businger Area (GMA) and encroached within a Destruction and Modification by 1998, pp. 2, 6). Many forest trees were

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destroyed (Perlman 1992, pp. 1–9), hydrological patterns that result in banks of Kilau Stream, heavy rains and which opened the canopy and changes to native plant and animal erosion could lead to near extirpation or facilitated the invasion of nonnative communities. In the open sea near even extinction of this species by direct plants (Kitayama and Mueller-Dombois Hawaii, rainfall averages 25 to 30 in destruction of the individual plants, 1995, p. 671). Competition with (635 to 762 mm) per year, yet the mechanical damage to individual plants nonnative plants is a threat to 9 of the islands may receive up to 15 times this that could lead to their death, or 10 ecosystems that support all 13 plant amount in some places, caused by destabilization of the stream bank species and the picture-wing fly listed orographic features (physical geography habitat leading to additional erosion. as endangered in this final rule, as of mountains) (Wagner et al. 1999a, pp. Two plant species, Bidens micrantha described above in ‘‘Habitat Destruction 36–44). During storms, rain may fall at ssp. ctenophylla and Schiedea and Modification by Nonnative Plants.’’ 3 in (76 mm) per hour or more, and hawaiiensis, and the picture-wing fly Nonnative plants also compete with the sometimes may reach nearly 40 in (Drosophila digressa), which are listed native host plants of the picture-wing (1,000 mm) in 24 hours, causing as endangered in this final rule, may fly. destructive flash-flooding in streams In addition to habitat destruction and and narrow gulches (Wagner et al. also be affected by habitat loss or nonnative plant introduction resulting 1999a, pp. 36–44). Due to the steep degradation associated with droughts, from hurricanes, high winds and intense topography of some areas on Hawaii which are not uncommon in the rains from hurricanes can directly kill Island where 4 of the 13 plants listed as Hawaiian Islands (HDLNR 2009, pp. 1– individual picture-wing flies to the endangered in this final rule remain, 6; Hawaii State Civil Defense 2011, pp. point of decimating an entire population erosion and disturbance caused by 14–1—14–12; U.S. National Drought (Carson 1986, p. 7; Foote and Carson introduced ungulates exacerbates the Mitigation Center (NDMC) 2012— 1995, pp. 369–370). High winds can also potential for rockfalls, treefalls, and Online Archives). Between 1901 and dislodge fly larvae from their host landslides, which in turn are a threat to 2011, there have been at least 18 serious plants, destroy host plants, and expose native plants. Such events have the or severe droughts that have impacted the fly larvae to predation by nonnative potential to eliminate all individuals of Hawaii Island, including the current yellowjacket wasps (see ‘‘Nonnative a population, or even all populations of drought that began in 2008, and has led Western Yellow-Jacket Wasps,’’ under a species, resulting in a greater to the island’s first ever drought Factor C. Disease or Predation, below) likelihood of extinction due to the lack exceptional designation (the highest (Carson 1986, p. 7; Foote and Carson of redundancy and resilience of the drought level rating on the scale) 1995, p. 371). species caused by their reduced (between March and December of 2010) Since 1950, 13 hurricanes have numbers and geographic range. (HDLNR 2009, pp. 1–6; Hawaii Civil passed near but not over Hawaii Island. Rockfalls, treefalls, landslides, heavy Defense 2011, pp. 14–1—14–12). Eleven of these hurricanes brought According to the NDMC’s drought rating heavy rain, strong wind, or high surf to rain, inundation by high surf, and subsequent erosion are a threat to four system, most of the island has been the island, which caused erosion, flash rated as in severe drought since 2008, floods, and other damage (Fletcher III et of the plant species (Bidens hillebrandiana ssp. hillebrandiana, with extreme drought ratings al. 2002, pp. 11–17; National Weather intermittently in some portions of the Service et al. 2010, pp. 1–22). In 1994, Cyanea marksii, Cyanea tritomantha, and Cyrtandra wagneri) listed as island (NDMC 2012—Online Archives). tropical depression 1C brought over 14 Giambelluca et al. (1991, pp. 3–4) in (36 cm) of rain in just a few days to endangered in this rule (Lorence and Perlman 2007, p. 359; PEPP 2010, p. 52; compiled descriptive accounts of windward sections of Hawaii Island drought throughout the Hawaiian (National Oceanic Atmospheric Bio 2011, pers. comm.). Monitoring data from PEPP and other field biologists and Islands between 1860 and 1986, and Administration (NOAA) 1994, pp. 4–5; found that 87 episodes of drought National Weather Service et al. 2010, surveyors indicate that these four occurred on Hawaii Island between pp. 4–5). species are threatened by these events as those years, although some of those Although there is historical evidence they are found in landscape settings of only one hurricane (1861) that susceptible to these events (e.g., lava episodes occurred for periods as short as approached from the east and impacted tubes, stream banks, steep slopes and one month. The 2011 winter weather the islands of Maui and Hawaii cliffs). Field survey data presented by system brought periods of heavy rain (Businger 1998, p. 3), damage from PEPP and other field biologists from Kauai to Maui; however, these future hurricanes could further decrease document that individuals of Bidens systems weakened or moved away from the remaining native plant-dominated hillebrandiana ssp. hillebrandiana that Hawaii Island, leaving the typically wet habitat areas that support the 13 plant occur on steep sea cliffs are threatened windward slopes of the island under species and the picture-wing fly by rockfalls, landslides, inundation by moderate drought conditions (NOAA (Drosophila digressa) listed as high surf, and subsequent erosion; 1 of 2011—Online Climate Data Center). The endangered in this final rule, in 9 of the the 27 known individuals of Cyanea entire windward side of Hawaii Island described ecosystems (coastal, lowland marksii is threatened by falling rocks is currently in an abnormally dry state dry, lowland mesic, lowland wet, and landslides; and individuals of (NDMC 2011—Online Archives; NDMC montane dry, montane mesic, montane Cyanea tritomantha are threatened by 2012—Online Archives). As of March wet, dry cliff, and wet cliff). treefalls (PEPP 2007, p. 52; Bio 2011, 2013, the U.S. Drought Monitor (USDM) pers. comm.; Perry 2012, in litt.). Field (USDM 2013—Online Database; USDM Habitat Destruction and Modification survey data presented by Lorence and 2013—Online Archives) continues to Due to Rockfalls, Treefalls, Landslides, Perlman (2007, p. 359) indicate that report severe drought (a D2 rating-on a Heavy Rain, Inundation by High Surf, heavy rains and subsequent erosion scale ranging from D0 (abnormally dry), Erosion, and Drought threaten the only known location of D1 (moderate), D3 (extreme), to D4 Rockfalls, treefalls, landslides, heavy Cyrtandra wagneri on a stream bank in (exceptional)) along the entire leeward rain, inundation by high surf, and the Laupahoehoe NAR. As Cyrtandra side of Hawaii Island, with extreme erosion damage and destroy individual wagneri is currently only known from a drought in some areas of North Kona plants, destabilize substrates, and alter total of eight individuals along the steep and South Kohala. Drought conditions

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are expected to continue on Hawaii plant cover and habitat, an increase in species. These effects may be positive, Island (NOAA 2013, in litt.). nonnative plant and animal species, and neutral, or negative, and they may Pohakuloa Training Area (the location a reduction in availability of host plants change over time, depending on the of the only known individuals of the for the picture-wing fly (Giambelluca et species and other relevant plant Schiedea hawaiiensis) was rated al. 1991, p. v; D’Antonio and Vitousek considerations, such as the effects of as experiencing extreme drought during 1992, pp. 77–79; HDLNR 2009, pp. 1– interactions of climate with other the spring of 2011 (Hawaii State Civil 6; Hawaii Civil Defense 2011, pp. 14– variables (e.g., habitat fragmentation) Defense 2011, pp. 14–1—14–12), and in 1—14–12). Ecosystems altered by (IPCC 2007, pp. 8–14, 18–19). In our 2010, as well as most of north and south drought and subsequent fires are further analyses, we use our expert judgment to Kona. North Kona, including the altered by the introduction of nonnative weigh relevant information, including lowland dry ecosystem that supports the species that outcompete native species uncertainty, in our consideration of largest occurrence of the plant Bidens for basic life-cycle requirements (see various aspects of climate change. micrantha ssp. ctenophylla, has been ‘‘Habitat Destruction and Modification Climate change will be a particular experiencing conditions of extreme to by Nonnative Plants,’’ above). To further challenge for the conservation of severe drought over the past few years. exacerbate the situation, nonnative biodiversity because the introduction One of the two known extant ungulate patterns may be altered as and interaction of additional stressors populations of the picture-wing fly observed on Maui, where recent may push species beyond their ability to Drosophila digressa is found in the episodes of drought have driven axis survive (Lovejoy 2005, pp. 325–326). lowland mesic and montane mesic deer farther into urban and forested The synergistic implications of climate ecosystems in south Kona, in an area areas for food, increasing their negative change and habitat fragmentation are that has also experienced extreme to impacts to native vegetation from the most threatening facet of climate severe drought over the past few years. herbivory and trampling (Waring 1996, change for biodiversity (Hannah et al. Drought alters the decay processes of in litt., p. 5; Nishibayashi 2001, in litt.; 2005, p. 4). the picture-wing fly’s host plants Medeiros 2010, pers. comm.). Due to the The magnitude and intensity of the (Charpentiera spp. and Pisonia spp.) recent widespread increase in frequency impacts of global climate change and and the entire plant community on and intensity of drought on the island increasing temperatures on native which the fly depends. The ongoing of Hawaii, even the wettest forests on Hawaiian ecosystems are unknown. drought in south Kona has resulted in the windward side of the island may be Currently, there are no climate change an increasing accumulation of dead threatened by long-term drought (JFSP studies that specifically address impacts trees in the Manuka NAR, which 2009, pp. 1–12). Prolonged periods of to the Hawaii Island ecosystems increases the fuel load and threat of water deprivation caused by drought discussed here or the 15 species at issue wildfires in the area where one of the can also lead to the direct death of the in this rule. Based on the best available two known occurrences of the picture- remaining individuals of the plants information, climate change impacts wing fly is found (Magnacca 2011b, Schiedea hawaiiensis and Bidens could lead to the loss of native species pers. comm.). According to Magnacca micrantha ssp. ctenophylla, and the that comprise the communities in which (2013, in litt.) almost the entire ohia picture-wing fly, possibly leading to the 15 species occur (Pounds et al. 1999, (Metrosideros polymorpha) canopy at extinction of one or more of these pp. 611–612; Still et al. 1999, p. 610; the Manuka NAR has died over the past species. Drought is a direct threat to two Benning et al. 2002, pp. 14,246–14,248; 10 to 20 years, due to prolonged of the plant species (Bidens micrantha Allen et al. 2010, pp. 660–662; Sturrock drought. This area previously received ssp. ctenophylla and Schiedea et al. 2011, p. 144; Towsend et al. 2011, most of its water input from fog hawaiiensis), and the picture-wing fly p. 15; Warren 2011, pp. 221–226). In interception by the tall ohia trees rather (Drosophila digressa), which are listed addition, weather regime changes than rainfall (Magnacca 2013, in litt.). as endangered in this final rule, as (droughts, floods) will likely result from Although the dominant host plant of the discussed above. increased annual average temperatures picture-wing fly at this site, Pisonia related to more frequent El Nin˜ o spp., is temporarily experiencing a Habitat Destruction and Modification by episodes in Hawaii (Giambelluca et al. growth spurt due to increase in sunlight Climate Change 1991, p. v). Future changes in caused from the ohia dieback, Magnacca Our analyses under the Act include precipitation and the forecast of those believes this increase in Pisonia spp. consideration of ongoing and projected changes are highly uncertain because seedlings and juveniles is unlikely to be changes in climate. The terms ‘‘climate’’ they depend, in part, on how the El sustained over time. If these plants and ‘‘climate change’’ are defined by the Nin˜ o-La Nin˜ a weather cycle (a survive to maturity, Magnacca doubts Intergovernmental Panel on Climate disruption of the ocean atmospheric the much drier habitat conditions will Change (IPCC). ‘‘Climate’’ refers to the system in the tropical Pacific having be suitable to support the picture-wing mean and variability of different types important global consequences for fly (Magnacca 2013, in litt.). Monitoring of weather conditions over time, with 30 weather and climate) might change data collected in HVNP during a years being a typical period for such (State of Hawaii 1998, pp. 2–10). The 15 drought period between 1981 and 1982 measurements, although shorter or species in this final rule may be suggest that drought was associated longer periods also may be used (Le especially vulnerable to extinction due with a reduction in the number of Treut et al. 2007, pp. 93–127). The term to anticipated environmental changes picture-wing flies one year following the ‘‘climate change’’ thus refers to a change that may result from global climate drought (Carson 1986, pp. 4, 7). in the mean or variability of one or more change, due to their small population Severe episodes of drought cannot measures of climate (e.g., temperature or size and highly restricted ranges. only directly kill individuals of a precipitation) that persists for an Environmental changes that may affect species or entire populations, but extended period, typically decades or these species are expected to include drought frequently leads to an increase longer, whether the change is due to habitat loss or alteration and changes in in the number and intensity of forest natural variability, human activity, or disturbance regimes (e.g., storms and and brush fires (see ‘‘Habitat both (Le Treut et al. 2007, pp. 93–127). hurricanes). The probability of a species Destruction and Modification by Fire,’’ Various types of changes in climate can going extinct as a result of these factors above), causing a reduction of native have direct or indirect effects on increases when its range is restricted,

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habitat decreases, and population et al. 1991, p. v). However, despite annual decline in precipitation of just numbers decline (IPCC 2007, p. 8). The considerable progress made by expert over 9 percent (US–NSTC 2008, p. 70). 15 species have limited environmental scientists toward understanding the Other data on precipitation in Hawaii, tolerances, limited ranges, restricted impacts of climate change on many of which include sea-level precipitation habitat requirements, small population the processes that contribute to El Nin˜ o and the added orographic effects, show sizes, and low numbers of individuals. variability, it is not possible to say a steady and significant decline of about Therefore, we would expect these whether or not El Nin˜ o activity will be 15 percent over the last 15 to 20 years species to be particularly vulnerable to affected by climate change (Collins et al. (Chu and Chen 2005, pp. 4,881–4,900; projected environmental impacts that 2010, p. 391). Diaz et al. 2005, pp. 1–3). Exact future may result from changes in climate, and Globally, the warming atmosphere is changes in precipitation in Hawaii and subsequent impacts to their habitats creating a plethora of anticipated and the forecast of those changes are (e.g., Pounds et al. 1999, pp. 611–612; unanticipated environmental changes uncertain because they depend, in part, Still et al. 1999, p. 610; Benning et al. such as melting ice caps, decline in on how the El Nin˜ o-La Nin˜ a weather 2002, pp. 14,246–14,248). We believe annual snow mass, sea-level rise, ocean cycle might change (State of Hawaii changes in environmental conditions acidification, increase in storm 1998, pp. 2–10). that may result from climate change frequency and intensity (e.g., In the oceans around Hawaii, the may impact these 15 species and their hurricanes, cyclones, and tornadoes), average annual rainfall at sea level is habitat, and we do not anticipate a and altered precipitation patterns that about 25 in (63.5 cm). The orographic reduction in this potential threat in the contribute to regional increases in features of the islands increase this near future. floods, heat waves, drought, and annual average to about 70 in (177.8 cm) wildfires that also displace species and but can exceed 240 in (609.6 cm) in the Climate Change and Ambient alter or destroy natural ecosystems wettest mountain areas. Rainfall is Temperature (Pounds et al. 1999, pp. 611–612; IPCC distributed unevenly across each high The average ambient air temperature AR4 2007, pp. 26–73; Marshall et al. island, and rainfall gradients are (at sea level) is projected to increase by 2008, p. 273; U.S. Climate Change extreme (approximately 25 in (63.5 cm) about 4.1 degrees Fahrenheit (°F) (2.3 Science Program 2008, pp. 1–164; per mile), creating both very dry and degrees Centigrade (°C)) with a range of Flannigan et al. 2009, p. 483; US–GCRP very wet areas. Global climate modeling 2.7 °F to 6.7 °F (1.5 °C to 3.7 °C) by 2100 2009, pp. 1–188; Allen et al. 2010, pp. predicts that, by 2100, net precipitation worldwide (Trenberth et al. 2007, pp. 660–662; Warren 2011, pp. 221–226). at sea level near the Hawaiian Islands 235–336). These changes would These environmental changes are will decrease in winter by about 4 to 6 increase the monthly average predicted to alter species’ migration percent, with no significant change temperature of the Hawaiian Islands patterns, lifecycles, and ecosystem during summer (IPCC AR4 2007, pp. from the current value of 74 °F (23.3 °C) processes, such as nutrient cycles, water 1–73). Downscaling of global climate to between 77 °F and 86 °F (25 °C and availability, and decomposition (IPCC models indicates that wet-season 30 °C). Historically, temperature has AR4 2007, pp. 26–73; Pounds et al. (winter) precipitation will decrease by 5 been rising over the last 100 years, with 1999, pp. 611–612; Sturrock et al. 2011, percent to 10 percent, while dry-season the greatest increase after 1975 p. 144; Townsend et al. 2011, p. 15; (summer) precipitation will increase by (Alexander et al. 2006, pp. 1–22; Warren 2011, pp. 221–226). The species about 5 percent (Timm and Diaz 2009, Giambelluca et al. 2008, p. 1). The rate extinction rate is predicted to increase pp. 4,261–4,280). These data are also of increase at low elevation (0.16 °F; congruent with ambient temperature supported by a steady decline in stream 0.09 °C) per decade is below the increase (US–GCRP 2009, pp. 1–188). In flow beginning in the early 1940s (Oki observed global temperature rise of 0.32 Hawaii, these environmental changes 2004, p. 1). Altered seasonal moisture °F (0.18 °C) per decade (Trenberth et al. associated with a rise in ambient regimes can have negative impacts on 2007, pp. 235–336). However, at high temperature can directly and indirectly plant growth cycles and overall negative elevations, the rate of increase (0.48 °F impact the survival of native plants and impacts on natural ecosystems (US– (0.27 °C) per decade) greatly exceeds the animals, including the 15 species in this GCRP 2009, pp. 1–188). Long periods of global rate (Trenberth et al. 2007, pp. final rule, and the ecosystems that decline in annual precipitation result in 235–336). support them. a reduction in moisture availability; an Overall, the daily temperature range increase in drought frequency and Climate Change and Precipitation in Hawaii is decreasing, resulting in a intensity; and a self-perpetuating cycle warmer environment, especially at As global surface temperature rises, of nonnative plants, fire, and erosion higher elevations and at night. In the the evaporation of water vapor (US–GCRP 2009, pp. 1–188; Warren main Hawaiian Islands, predicted increases, resulting in higher 2011, pp. 221–226) (see ‘‘Habitat changes associated with increases in concentrations of water vapor in the Destruction and Modification by Fire,’’ temperature include a shift in vegetation atmosphere, further resulting in altered above). These impacts may negatively zones upslope, shift in animal species’ global precipitation patterns (U.S. affect the 15 species in this final rule ranges, changes in mean precipitation National Science and Technology and the 10 ecosystems that support with unpredictable effects on local Council (US–NSTC) 2008, pp. 69–94; them. environments, increased occurrence of US–GCRP 2009, pp. 1–188). While drought cycles, and increases in the annual global precipitation has Climate Change, and Tropical Cyclone intensity and number of hurricanes increased over the last 100 years, the Frequency and Intensity (Loope and Giambelluca 1998, pp. 514– combined effect of increases in A tropical cyclone is the generic term 515; U.S. Global Change Research evaporation and evapotranspiration is for a medium-scale to large-scale, low- Program (US–GCRP) 2009, pp. 1–188). causing land surface drying in some pressure storm system over tropical or In addition, weather regime changes regions leading to a greater incidence subtropical waters with organized (e.g., droughts, floods) will likely result and severity of drought (US–NSTC convection (i.e., thunderstorm activity) from increased annual average 2008, pp. 69–94; US–GCRP 2009, pp. 1– and definite cyclonic surface wind temperatures related to more frequent El 188). Over the past 100 years, the circulation (counterclockwise direction Nin˜ o episodes in Hawaii (Giambelluca Hawaiian Islands have experienced an in the Northern Hemisphere) (Holland

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1993, pp. 1–8). In the Northeast Pacific rise and coastal inundation will impact exposure to light, shallowness, and a Ocean, east of the International Date the anchialine pool shrimp, it is weak connection with the water table, Line, once a tropical cyclone reaches an reasonable to conclude that potential resulting in sediment and detritus intensity of winds of at least 74 mi per impacts from sea-level rise and coastal accumulating within the pool instead of hour (33 m per second), it is considered inundation may include: (1) Complete being flushed away with tidal exchanges a hurricane (Neumann 1993, pp. 1–2). inundation of pools and therefore and groundwater flow (Maciolek and Climate modeling has projected changes elimination of entire anchialine pool Brock 1974, p. 3; Brock 2004, pp. 11, in tropical cyclone frequency and habitats, particularly at Manuka; (2) an 35–36). intensity due to global warming over the increase in the likelihood of exposure to Based upon what we know about next 100 to 200 years (Vecchi and Soden predatory native marine fish not healthy anchialine pool systems (Brock 2007, pp. 1,068–1,069, Figures 2 and 3; normally found in the anchialine pool 2004, pp. 11, 35–36), one or more Emanuel et al. 2008, p. 360, Figure 8; Yu ecosystem; and (3) powerful storm surf factors, combined with increased et al. 2010, p. 1,371, Figure 14). The and rubble resulting from the predicted sedimentation, are degrading the health frequency of hurricanes generated by increase in storm intensity that can of the Lua o Palahemo pool system, one tropical cyclones is projected to obliterate pools, create blockage and of the two known locations of decrease in the central Pacific (e.g., the seal off the connection to the ocean, or Vetericaris chaceorum. First, main and Northwestern Hawaiian interfere with the subterranean passages sedimentation in the water column is Islands) while storm intensity (strength) below. reducing the capacity of the pool to is projected to increase by a few percent In summary, increased interannual produce adequate cyanobacteria and over this period (Vecchi and Soden variability of ambient temperature, algae to support some of the pool’s 2007, pp. 1,068–1,069, Figures 2 and 3; precipitation, hurricanes, and sea-level herbivorous hypogeal species. A Emanuel et al. 2008, p. 360, Figure 8; Yu rise and inundation would provide decreased food supply (i.e., a reduction et al. 2010, p. 1,371, Figure 14). There additional stresses on the 10 ecosystems in cyanobacteria and algae) will lead to are no climate model predictions for a and the 15 associated species in this a lower abundance of herbivorous change in the duration of Pacific final rule because they are highly hypogeal shrimp species as well as a tropical cyclone storm season (which vulnerable to disturbance and related lower abundance of the known generally runs from May through invasion of nonnative species. The carnivorous species, Metabetaeus November). probability of a species going extinct as lohena, and possibly V. chaceorum. For more information on this topic, a result of such factors increases when Second, increased sedimentation in see ‘‘Habitat Destruction and its range is restricted, habitat decreases, Lua o Palahemo is overloading the Modification by Hurricanes,’’ above. and population numbers decline (IPCC capacity of the pool and lava tube below 2007, pp. 8–11). In addition, these 15 to adequately flush water to maintain Climate Change, and Sea-Level Rise and species are at a greater risk of extinction the water quality needed to support the Coastal Inundation due to the loss of redundancy and micro-organisms that are fed upon by On a global scale, sea level is rising resiliency created by their limited several of the pool’s shrimp species as a result of thermal expansion of ranges, restricted habitat requirements, (e.g., Calliasmata pholidota, warming ocean water; the melting of ice small population sizes, or low numbers Halocaridina palahemo, Halocaridina sheets, glaciers, and ice caps; and the of individuals. Therefore, we expect rubra, and Procaris hawaiiana) and addition of water from terrestrial these 15 species to be particularly their associated shrimp predators, systems (Climate Institute 2011, in litt.). vulnerable to projected environmental Antecaridina lauensis and V. Sea level rose at an average rate of 0.1 impacts that may result from changes in chaceorum (Brock 2004, pp. 10–11, 16). in (1.8 mm) per year between 1961 and climate and subsequent impacts to their Third, increased sedimentation and 2003 (IPCC 2007, pp. 30–73), and the habitats (e.g., Loope and Giambelluca the inability of the pool system to predicted increase by the end of this 1998, pp. 504–505; Pounds et al. 1999, adequately flush its waters are either century, without accounting for ice pp. 611–612; Still et al. 1999, p. 610; diminishing or preventing migration sheet flow, ranges from 0.6 ft to 2.0 ft Benning et al. 2002, pp. 14,246–14,248; and recolonization of the pool by the (0.18 m to 0.6 m) (IPCC AR4 2007, p. Giambelluca and Luke 2007, pp. 13–18). hypogeal shrimp species from the 30). When ice sheet and glacial melt are Based on the above information, we surrounding porous watertable bedrock. incorporated into models the average conclude that changes in environmental In other words, this lack of porosity is estimated increase in sea level by the conditions that result from climate affecting the movement of shrimp to and year 2100 is approximately 3 to 4 ft (0.9 change have the potential to negatively from food resources, and the to 1.2 m), with some estimates as high impact the 15 species in this final rule, accumulating sediment and detritus as 6.6 ft (2.0 m) to 7.8 ft (2.4 m) and exacerbate other threats. We have reduce productivity within the pool. (Rahmstorf 2007, pp. 368–370; Pfeffer et concluded from the available data that This reduction in productivity reduces al. 2008, p. 1,340; Fletcher 2009, p. 7; this potential threat will likely increase the carrying capacity of the habitat to US–GCRP 2009, p. 18). The species in the near future. support hypogeal shrimp like V. Bidens hillebrandiana ssp. chaceorum, which is listed as hillebrandiana occurs within the coastal Habitat Destruction and Modification by endangered in this final rule (Brock ecosystem. Although there is no specific Sedimentation 2004, p. 10). Indeed, Brock (2004, p. 16) data available on how sea-level rise and Anchialine pool habitats can has established that pool productivity coastal inundation will impact this gradually disappear when organic and and shrimp presence are species, its occurrence in close mineral deposits from aquatic interdependent. In some cases, a pool proximity to the coastline places it at production and wind-blown materials that loses its shrimp populations due, risk of the threat of sea-level rise and accumulate through a process known as for example, to the introduction of coastal inundation due to climate senescence (Maciolek and Brock 1974, nonnative fish, more quickly loses its change. In addition, the anchialine pool p. 3; Brock 2004, pp. 11, 35–36). capacity to support shrimp in the future ecosystem lies within the coastal Conditions promoting rapid senescence as a result of excessive buildup of algae ecosystem, and although there are no are known to include an increased and cyanobacterial mats that block and specific data available on how sea-level amount of sediment deposition, good impede the pool’s ability to flush and

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maintain necessary water quality (Brock V. chaceorum nor species of services provided by the partners or 2004, p. 16). Halocaridina, which were reported in volunteers. During a dive survey in 1985, the tens of thousands in 1985, were Current watershed partnership visibility within the lava tube portion of observed (Wada et al. 2012, in litt.). The projects on Hawaii Island that will Lua o Palahemo was as great as 20 m (66 Service concludes that degradation of benefit one or more of the 15 species ft) (Kinsley and Williams 1986, pp. 417– Lua o Palahemo by senescence from listed as endangered in this final rule 437). During this dive survey, Kensley sedimentation is an ongoing threat to include both the building of new fenced and Williams (1986, p. 418) estimated the continued existence of V. exclosures and the maintenance of that other species of hypogeal shrimp chaceorum by degrading the conditions existing exclosures to exclude feral co-occurring with V. chaceorum of one of only two known locations of ungulates. The TMA is preparing to numbered in the tens of thousands for anchialine pools that support this build a fenced exclosure of Halocaridina sp., in the thousands for species and by reducing available food approximately 12,000 ac (4,856 ha) in Procaris hawaiiana, and less than 100 resources (Brock 2004, pp. 10–11, 16; the Kau FR bordering the Kahuku Unit for Calliasmata sp. By 2010, visibility Sakihara 2012, in litt.). Sedimentation is of HVNP (Big Island Video News, May had been reduced to 8 cm (3 in) within not reported to pose a threat to V. 23, 2012) in an area where several the pool itself, and underwater video chaceorum in the pools at Manuka. occurrences of Pittosporum hawaiiense taken during the survey shows are known (Pratt 2011d, in litt.). At least continuous clouds of thick sediment Conservation Efforts To Reduce Habitat some individuals of P. hawaiiense will and detritus within the water column Destruction, Modification, or be protected from direct impacts from below the pool (Wada 2010, in litt.). Curtailment of Habitat or Range feral pigs, cattle, mouflon, and axis deer, During this survey, only one P. There are no approved habitat although the exact number of P. hawaiiana individual was trapped, and conservation plans (HCPs), candidate hawaiiense individuals that will be seven others were observed in the video conservation agreements (CCAs), or safe within the exclosure is unknown. In footage. No other species of shrimp, harbor agreements (SHAs) that addition, control of nonnative plants including V. chaceorum, were observed specifically address these 15 species (e.g., Clidemia hirta, Hedychium during the 2010 survey (Wada 2010, in and threats from habitat destruction or gardnerianum, Psidium cattleianum, litt.). Kensley and Williams (1986, p. modification. We acknowledge that in Rubus ellipticus, Setaria palmifolia, 426) reported fragments of crustaceans, the State of Hawaii there are several Cyathea cooperi, and Tibouchina spp.) including P. hawaiiana, in the gut voluntary conservation efforts that may will be conducted within the fenced contents of V. chaceorum. While P. be helping to ameliorate the threats to exclosure (Cole 2013, in litt.). The TMA hawaiiana occurs in other anchialine the 15 species listed as endangered in is also working with the Plant pool habitats on Hawaii Island and this final rule due to habitat destruction Extinction Prevention Program (see Maui, V. chaceorum is currently only and modification by nonnative species, below) on nonnative ungulate and known from Lua o Palahemo and four fire, natural disasters, and climate nonnative plant removal in a 270-ac pools at Manuka. A reduction in the change, and the interaction of these (109-ha) exclosure in the Puu Makaala abundance of P. hawaiiana in one of the threats. However, these efforts are NAR where one occurrence of Cyanea two known locations of V. chaceorum overwhelmed by the number of threats, tritomantha and the last individual of indicates a loss of food resources for V. the extent of these threats across the Schiedea diffusa ssp. macraei are chaceorum, although further research is landscape, and the lack of sufficient known (Ball 2013, pers. comm.). The needed to confirm this. resources (e.g., funding) to control or KWP is constructing a 700-ac (283-ha) During the 2010 survey, it was eradicate them from all areas where fenced exclosure in the Kohala discovered that a possible partial these 15 species occur now or occurred Mountains in an area where individuals collapse of the interior rock walls of Lua historically. Some of the voluntary of Pritchardia lanigera are known. o Palahemo pool had occurred, and this conservation efforts include the 11 Completion of this fence is expected in collapse caused the difficulty island-based watershed partnerships, 2016 (Ball 2013, pers. comm.; Purell experienced by the survey team to including the 3 partnerships on Hawaii 2013, in litt.). This exclosure will survey (via snorkeling) to any depth Island (Three Mountian Alliance (TMA), provide protection to individuals of P. below the pool’s surface (Wada 2010, in Kohala Watershed Partnership (KWP), lanigera from ungulates once the fence litt.). This collapse also contributed to and the Mauna Kea Watershed Alliance is completed and ungulates are removed the reduced flushing in the pool portion (MKWA)). These partnerships are within the fence. In addition, the KWP of Lua o Palahemo, leading to an voluntary alliances of public and private plans to control nonnative plants (i.e., accumulation of sediment and detritus landowners ‘‘committed to the common Hedychium gardnerianum and Psidium in the pool. This accumulation of value of protecting forested watersheds cattleianum) within the exclosure sediment is reducing both food for water recharge, conservation, and (Purell 2013, in litt.). productivity (i.e., reduce the abundance other ecosystem services through The State of Hawaii’s Plant Extinction and availability of other species of collaborative management’’ (http:// Prevention (PEP) Program supports hypogeal shrimp co-occurring with V. hawp.org/partnerships). Most of the conservation of plant species by chaceorum) and the ability of V. ongoing conservation management securing seeds or cuttings (with chaceorum and other species of actions undertaken by the watershed permission from the State, Federal, or hypogeal shrimp co-occurring with V. partnerships address threats to upland private landowners) from the rarest and chaceorum to move between the pool habitat from nonnative species (e.g., most critically endangered native and the water table, thus leading to a feral ungulates, nonnative plants) and species for propagation and outplanting reduction of their numbers within the may include fencing, ungulate removal, (http://pepphi.org). The PEP Program pool. Although a recent 2012 survey and outplanting of native as well as rare, focusses primarily on species that have conducted at Lua o Palahemo (Wada et native species on lands within the fewer than 50 plants remaining in the al 2012, in litt.) reported that water partnership. Funding for the watershed wild. Funding for this program is from visibility had improved since 2010 partnerships is provided through a the State of Hawaii, Federal agencies (Wada 2010, in litt.), particularly from variety of State and Federal sources, (e.g., Service), and public and private 11 ft (3.5 m) below the surface, neither public and private grants, and in-kind grants. The PEP Program collects,

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propagates, and outplants rare plant native plant species including B. support the 15 species in this final rule. species on State, Federal, and private micrantha ssp. ctenophylla. These The threat posed by introduced lands (with permission) in areas where private landowners include the Queen ungulates to the species and their the species currently and historically Liliuokalani Trust and the Waikoloa habitats in this final rule that occur in occurred, and in species-appropriate Village Association in partnership with these 10 ecosystems (see Table 3) is habitat. The PEP Program collects, the Waikoloa Dry Forest Initiative serious, because they cause: (1) propagates, or outplants eight plant (Waikoloa Village Outdoor Circle 2009; Trampling and grazing that directly species that are listed as endangered in Queen Liliuokalani Trust 2013, pers. impact the plant communities, which this final rule (Cyanea marksii, comm.). The conservation actions include all 13 of the plant species listed Cyrtandra wagneri, Phyllostegia provided by these landowners as endangered in this rule, and impact floribunda, Pittosporum hawaiiense, ameliorate some of the threats from the host plants used by the picture-wing Platydesma remyi, Schiedea diffusa ssp. nonnative plant species, ungulates, and fly for shelter, foraging, and macraei, S. hawaiiensis, and Stenogyne fire to B. micrantha ssp. ctenophylla. In reproduction; (2) increased soil cranwelliae) (PEPP 2012, pp. 1–6, 37– addition, with help from the Hawaii disturbance, leading to mechanical 43). However, only 2 of these 8 species Forest Industry Association (HFIA), damage to individuals of the 13 plant (Cyrtandra wagneri and Platydesma individuals of Bidens micrantha ssp. species listed as endangered in this final remyi) were monitored and checked for ctenophylla have been propagated and rule, and also plants used by the possible collection material in 2012 outplanted within the privately owned picture-wing fly for shelter, foraging, (PEPP 2012, pp. 55, 89). The PEP 70-ac (28-ha) Kaupulehu Dry Forest and reproduction; (3) creation of open, program is currently assisting TNC by Preserve, as well as at Koloko- disturbed areas conducive to weedy maintaining sections of the Kona Hema Honokohau National Historical Park plant invasion and establishment of Preserve (see below) (Yoshioka 2013, (Ball 2013, pers. comm.). According to alien plants from dispersed fruits and pers. comm.). Overall, the program has HFIA (2009, p. 2) and DHHL (2013, in seeds, which results over time in the not yet been able to directly address litt.), DHHL’s Aupaka Preserve and conversion of a community dominated broad-scale habitat threats to plants by Uhiuhi Preserve, two of four described by native vegetation to one dominated invasive species. in the Laiopua Plant Mitigation and by nonnative vegetation (leading to all Voluntary conservation actions Preserve Restoration Plan, will benefit of the negative impacts associated with undertaken by TNC on one (Kona Hema several listed plant species as well as B. nonnative plants, listed below); and (4) Preserve) of their three preserves on micrantha ssp. ctenophylla, which is increased erosion, followed by Hawaii Island provide a conservation listed as endangered in this final rule, sedimentation, affecting the anchialine benefit to individuals of the plants by removing nonnative plant species, pool habitat of V. chaceorum at Lua o Phyllostegia floribunda and Pittosporum outplanting associated native plant Palahemo. These threats are expected to hawaiiense, which are listed as species found in the lowland dry continue or increase without ungulate endangered in this final rule, that are in ecosystem, and maintaining a system of control or eradication. a fenced exclosure (the fence provides firebreaks (Leonard Bisel Associates, Nonnative plants represent a serious protection from mouflon, feral pigs, and LLC, and Geometrician Associates 2008, and ongoing threat to 14 of the 15 cattle) (Ball 2013, pers. comm.). In pp. 36–46). species listed as endangered in this final addition, TNC is a member of two rule (all 13 plant species and the watershed partnerships, KWP and TMA. Summary of Habitat Destruction and picture-wing fly (see Table 3)) through Voluntary conservation actions Modification habitat destruction and modification, undertaken by several private The threats to the habitats of each of because they: (1) Adversely impact landowners (; the 15 species in this final rule are microhabitat by modifying the Kaloko Properties Corporation, Stanford occurring throughout the entire range of availability of light; (2) alter soil-water Carr Development (SCD)—Takeshi each of the species, except where noted regimes; (3) modify nutrient cycling Sekiguchi Associates (TSA) Kaloko above. These threats include land processes; (4) alter fire characteristics of Makai, LLC, and Takeshi Sekiguchi conversion by agriculture and native plant habitat, leading to Associates (TSA) Corporation; Lanihau urbanization, nonnative ungulates and incursions of fire-tolerant nonnative Properties; Palamanui Global Holdings, plants, fire, natural disasters, plant species into native habitat; (5) LLC; and DHHL) are described in our environmental changes resulting from outcompete, and possibly directly October 17, 2012, proposed rule (77 FR climate change, sedimentation, and the inhibit the growth of, native plant 63928). These conservation actions interaction of these threats. While the species; and (6) create opportunities for provide a conservation benefit and conservation measures described above subsequent establishment of nonnative ameliorate some of the threats from are a step in the right direction toward vertebrates and invertebrates. Each of nonnative species and wildfire to the addressing the threats to the 15 species, these threats can convert native- plant Bidens micrantha ssp. due to the pervasive and expansive dominated plant communities to ctenophylla, which is listed as nature of the threats resulting in habitat nonnative plant communities (Cuddihy endangered in this final rule. In degradation, these measures are and Stone 1990, p. 74; Vitousek 1992, addition, at least 400 individuals of B. insufficient across the landscape and in pp. 33–35). This conversion has micrantha ssp. ctenophylla have been effort to eliminate these threats to any negative impacts on all 13 plant species propagated for the privately owned of the 15 species in this final rule. listed as endangered here, as well as the Koloko Makai Dryland Forest Preserve, Development and urbanization of native plant species upon which the and there are currently 300 surviving lowland dry habitat on Hawaii Island picture-wing fly depends for essential outplanted individuals (Hawaii Forest represents a serious and ongoing threat life-history needs. Institute 2013, in litt.). Other private to Bidens micrantha ssp. ctenophylla The threat from fire to 4 of the 15 landowners are engaged in, or initiating, because of loss and degradation of species in this final rule that depend on voluntary conservation actions on their habitat. lowland dry, lowland mesic, lowland lands, including fencing to exclude The effects from ungulates are wet, montane dry, and montane mesic ungulates, controlling nonnative plants, ongoing because ungulates currently ecosystems (the plants Bidens and propagation and outplanting of occur in all of the 10 ecosystems that micrantha ssp. ctenophylla, Phyllostegia

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floribunda, and Schiedea hawaiiensis, and Cyrtandra wagneri; see Table 3) by Manuka throughout the (open and the picture-wing fly; see Table 3) is destabilizing substrates, damaging and surface) sections of four pools, V. serious and ongoing because fire destroying individual plants, and chaceorum is still considerably less damages and destroys native vegetation, altering hydrological patterns, which common and much more elusive than including dormant seeds, seedlings, and result in habitat destruction or Halocaridina rubra and the other juvenile and adult plants. Many modification and changes to native anchialine pool shrimp species found in nonnative, invasive plants, particularly plant and animal communities. Drought these four pools. In addition, there are fire-tolerant grasses, outcompete native adversely impacts two plant species prohibitions against collecting from the plants and inhibit their regeneration (Bidens micrantha ssp. ctenophylla and pools in the natural area reserve, (D’Antonio and Vitousek 1992, pp. 70, Schiedea hawaiiensis) and the picture- although the State does not actively 73–74; Tunison et al. 2002, p. 122). wing fly (Drosophila digressa) by the monitor the site (Hadway 2013, pers. Successive fires that burn farther and loss or degradation of habitat due to comm.). We are not aware of any threats farther into native habitat destroy native death of individual native plants and to the remaining 12 plant species or the plants and remove habitat for native host tree species, as well as an increase picture-wing fly listed as endangered in species by altering microclimatic in forest and brush fires. These threats this final rule that would be attributed conditions and creating conditions are serious and unpredictable, and have to overutilization for commercial, favorable to alien plants. The threat the potential to occur at any time. recreational, scientific or educational from fire is unpredictable but increasing Changes in environmental conditions purposes. in frequency in ecosystems that have that may result from global climate Pritchardia lanigera been invaded by nonnative, fire-prone change include increasing temperatures, grasses and that are experiencing decreasing precipitation, increasing The genus Pritchardia has 28 known abnormally dry to severe drought storm intensities, and sea-level rise and species, 14 of which are endemic to the conditions. coastal inundation. The consequent Hawaiian Islands, and its range is Natural disasters, such as hurricanes, impacts on the 15 species listed as restricted to the Pacific archipelagos of are a threat to native Hawaiian endangered in this final rule are related Hawaii, Fiji, the Cook Islands, Tonga, terrestrial habitat, including 9 of the 10 to changes in microclimatic conditions and Tuamotus (Chapin et al. 2004, p. ecosystems (all except the anchialine in their habitats. These changes have the 273). Pritchardia palms have been pool ecosystem) addressed here, and the potential to cause the loss of native valued as collectibles for centuries 13 plant species listed as endangered in species, including the 15 species being (Hillebrand 1888, pp. 21–27; Chapin et this final rule, because they result in listed as endangered in this final rule, al. 2004, pp. 273, 278). In 1888, botanist direct impacts to ecosystems and due to direct physiological stress, the Wilhelm Hillebrand noted that, ‘‘. . . individual plants by opening the forest loss or alteration of habitat, or changes one species of Pritchardia in Nuuanu, canopy, modifying available light, and in disturbance regimes (e.g., droughts, . . . was completely exterminated when creating disturbed areas that are fire, storms, and hurricanes). natives found that the trees were conducive to invasion by nonnative pest Sedimentation of the Lua o Palahemo saleable to amateurs of gardening in plants (Asner and Goldstein 1997, p. pool system is a threat to the anchialine Honolulu.’’ Pritchardia has become one 148; Harrington et al. 1997, pp. 346– pool shrimp (Vetericaris chaceorum), of the most widely cultivated 347). In addition, hurricanes are a threat which is listed as endangered in this ornamental palm genera in the world to the picture-wing fly species in this final rule. In particular, the (Maunder et al. 2001 in Chapin et al. rule because strong winds and intense accumulation of sediment and detritus 2004, p. 278). There is an international rainfall can kill individual host plants, reduces the abundance of food trade in Pritchardia seeds and seedlings and can dislodge individual flies and resources, such as Procaris hawaiiana that has created a market in which their larvae from their host plants and and other co-occurring hypogeal individual Pritchardia seeds sell for 5 to deposit them on the ground, where they shrimp, for V. chaceorum. 35 dollars each (Chapin et al. 2004, p. 278; Clark 2010, in litt.; http:// may be crushed by falling debris or Factor B. Overutilization for rarepalmseeds.com). Most seeds sold eaten by nonnative wasps and ants. The Commercial, Recreational, Scientific or are cultivated; however, wild collection impacts of hurricanes and other Educational Purposes stochastic natural events can be of some ‘‘highly-threatened’’ species particularly devastating to 14 of the 15 The plant species Pritchardia lanigera does occur (Chapin et al. 2004, p. 278). species (all except the anchialine pool is threatened by overcollection for There are over a dozen Internet Web shrimp) because, as a result of other commercial and recreational purposes sites that offer Hawaiian Pritchardia threats, they now persist in low (Hillebrand 1888, pp. 21–27; Chapin et plants and seeds for sale, including numbers or occur in restricted ranges al. 2004, pp. 273, 278), as discussed Pritchardia lanigera (e.g., http:// and are therefore less resilient to such below. We are aware that some species www.eBay.com). Based on the history of disturbances, rendering them highly of Hawaiian anchialine pool shrimp are collection of endemic Hawaiian vulnerable. Furthermore, a particularly sold and purchased on the Internet. Pritchardia plants and seeds, the market destructive hurricane holds the However, we do not believe that the for Hawaiian Pritchardia plants and potential of driving a localized endemic anchialine pool shrimp listed as seeds, and the vulnerability of the small species to extinction in a single event. endangered in this final rule is populations of Pritchardia lanigera to Hurricanes pose an ongoing and ever- threatened by overcollection for the negative impacts of any collection, present threat because they are commercial or recreational purposes for we consider overcollection of unpredictable and can happen at any the following reasons: (1) The Pritchardia lanigera to pose a serious time. remoteness of Lua o Palahemo, one of and ongoing threat, because it can occur Rockfalls, treefalls, landsides, heavy two known locations of Vetericaris at any time, although its occurrence is rain, inundation by high surf, and chaceorum, and the difficulty of not predictable. erosion are a threat to four of the species accessing this species within the deeper in this final rule (the plants Bidens lava tube portions of the anchialine Anchialine Pool Shrimp hillebrandiana ssp. hillebrandiana, pool; and (2) although a second While we are aware of two collections Cyanea marksii, Cyanea tritomantha, occurrence has now been confirmed at of the anchialine pool shrimp

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Vetericaris chaceorum for scientific and endangered in this final rule that are We have direct evidence of ungulate educational purposes (Kensley and attributable to disease. damage to the 13 plant species listed as Williams, 1986, pp. 419–429; Sakihara endangered species in this final rule, as Predation and Herbivory 2013, in litt.), there is no information well as to the two host plants of the available that indicates this species has Hawaii’s plants and animals evolved picture-wing fly listed as an endangered ever been collected for commercial or in nearly complete isolation from species in this final rule. Magnacca et al. recreational purposes. Other Hawaiian continental influences. Successful (2008, p. 32) and others (Maui Forest anchialine pool shrimp (e.g., opaeula colonization of these remote volcanic Bird Recovery Project 2011, in litt.) (Halocaridina rubra)) and the candidate islands was infrequent, and many found that native plant species such as species Metabetaeus lohena (NCN) are organisms never succeeded in the Hawaiian lobelioids (e.g., Cyanea collected for the aquarium market (e.g., establishing populations. As an spp.) and plants in the African violet http://Fuku-Bonsai.com; http:// example, Hawaii lacks any native ants family (e.g., Cyrtandra spp.) are ecosaqua.com; http://www.eBay.com; or conifers, has very few families of particularly vulnerable to pig http://www.seahorse.com), including birds, and has only a single native land disturbance. In a study conducted by self-contained aquariums similar to mammal—a bat (Loope 1998, p. 748). In Diong (1982, p. 160) on Maui, feral pigs those marketed by Ecosphere the absence of any grazing or browsing were observed browsing on young Associates, Inc. (Ecosphere Associates mammals, plants that became shoots, leaves, and fronds of a wide 2011, p. 1). Two of these companies are established did not need mechanical or variety of plants, of which over 75 located in Hawaii (FukuBonsai and chemical defenses against mammalian percent were endemic species. A Stockly’s Aquariums of Hawaii). herbivory such as thorns, prickles, and stomach content analysis in this study Although other species are collected, production of toxins. As the showed that 60 percent of the pigs’ food the Service lacks sufficient information evolutionary pressure to either produce source consisted of the endemic to suggest that collection is or is not a or maintain such defenses was lacking, Cibotium (hapuu, tree fern). Pigs were threat to V. chaceorum. Hawaiian plants either lost or never observed to fell plants and remove the developed these adaptations (Carlquist bark from native plant species within Conservation Efforts To Reduce 1980, p. 173). Likewise, native Hawaiian the genera Cibotium, Clermontia, Overutilization for Commercial, birds and insects experienced no Coprosma, Hedyotis, Psychotria, and Recreational, Scientific or Educational evolutionary pressure to develop anti- Scaevola, resulting in larger trees being Purposes predator mechanisms against mammals killed over a few months of repeated or invertebrates that were not We are unaware of voluntary feeding (Diong 1982, p. 144). Beach historically present on the island. The conservation efforts to reduce (1997, pp. 3–4) found that feral pigs in native flora and fauna of the islands are overcollection of Hawaiian Prichardia Texas spread disease and parasites, and thus particularly vulnerable to the species, including P. lanigera, which is their rooting and wallowing behavior impacts of introduced nonnative listed as endangered in this final rule. led to spoilage of watering holes and species, as discussed below. There are no approved HCPs, SHAs, loss of soil through leaching and CCAs, memoranda of understanding Introduced Ungulates erosion. Rooting activities also (MOUs), or other voluntary actions that In addition to the habitat impacts decreased the survivability of some specifically address P. lanigera and the discussed above (see ‘‘Habitat plant species through disruption at root threat from overcollection. Destruction and Modification by level of mature plants and seedlings Summary of Overutilization for Introduced Ungulates’’ under Factor A. (Beach 1997, pp. 3–4; Anderson et al. Commercial, Recreational, Scientific, or The Present or Threatened Destruction, 2007, pp. 2–3). In Hawaii, pigs dig up Educational Purposes Modification, or Curtailment of Habitat forest ground cover consisting of or Range), introduced ungulates and delicate and rare species of orchids, We have no evidence to suggest that their resulting impacts are a threat to the ferns, mints, lobeliads, and other taxa, overutilization for commercial, 13 plant species in this final rule by including roots, tubers and rhizomes recreational, scientific, or educational grazing and browsing individual plants (Stone and Anderson 1988, p. 137). purposes poses a threat to 12 of the 13 (this information is also presented in In addition, there are direct plant species, the picture-wing fly, or Table 3): Bidens hillebrandiana ssp. observations of pig herbivory, on either the anchialine pool shrimp in this final hillebrandiana (pigs and goats), B. the fresh seedlings, fruits, seeds, or rule. The plant species Pritchardia micrantha ssp. ctenophylla (pigs and leaves, on each of the 13 plant species lanigera is vulnerable to the impacts of goats), Cyanea marksii (pigs, cattle, and in this final rule, including Bidens overutilization due to collection for mouflon), Cyanea tritomantha (pigs and hillebrandiana ssp. hillebrandiana (Bio trade or market. Based on the history of cattle), Cyrtandra nanawaleensis (pigs), 2011, pers. comm.), B. micrantha ssp. collection of endemic Hawaiian Cyrtandra wagneri (pigs), Phyllostegia ctenophylla (Bio 2011, pers. comm.), Pritchardia spp., the market for floribunda (pigs), Pittosporum Cyanea marksii (PEPP 2010, p. 52; Bio Hawaiian Pritchardia trees and seeds, hawaiiense (pigs, cattle, and mouflon), 2011, pers. comm.), Cyanea tritomantha and the inherent vulnerability of the Platydesma remyi (pigs), Pritchardia (HBMP 2010f; PEPP 2010, p. 60), small populations of Pritcharidia lanigera (pigs, goats, and mouflon), Cyrtandra nanawaleensis (Bio 2011, lanigera to the removal of individuals Schiedea diffusa ssp. macraei (pigs and pers. comm.), Cyrtandra wagneri (seeds), we consider collection to pose cattle), Schiedea hawaiiensis (pigs, (Lorence and Perlman 2007, p. 359; a serious and ongoing threat to this goats, sheep, and mouflon), and PEPP 2010, p. 63), Phyllostegia species. Stenogyne cranwelliae (pigs). In floribunda (Perlman and Wood 1993— Factor C. Disease or Predation addition, introduced ungulates are a Hawaii Plant Conservation Maps threat to the picture-wing fly in this database; Perry 2006, in litt.; Pratt Disease final rule by grazing and browsing 2007b, in litt.; USFWS 2010, p. 4–66), We are not aware of any threats to the individuals of its host plants, Pittosporum hawaiiense (Bio 2011, pers. 13 plant species, anchialine pool Charpentiera spp. and Pisonia spp. comm.), Platydesma remyi (PEPP 2008, shrimp, or picture-wing fly listed as (pigs, goats, cattle, and mouflon). p. 107), Pritchardia lanigera (Wood

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1995, in litt.; HBMP 2010c; Crysdale exotic grasses and weeds. After the support the picture-wing fly in this rule 2013, pers. comm.), Schiedea diffusa removal of grazing animals in 1985, A. (Charpentiera spp. and Pisonia spp.), ssp. macraei (Wagner et al. 2005d, p. koa and Metrosideros spp. seedlings are impacted by browsing and grazing 32), Schiedea hawaiiensis (Mitchell et were observed germinating by the by feral cattle. Cattle, either feral or al. 2005a; Wagner et al. 2005d, p. 32; thousands (HDOFAW 2002, p. 52). domestic, are considered one of the Bio 2011, pers. comm.), and Stenogyne Based on a comparison of fenced and most significant factors in the cranwelliae (HBMP 2010k). According unfenced areas, it is clear that goats can destruction of Hawaiian forests to Magnacca et al. (2008, p. 32; 2013, in devastate native ecosystems (Loope et (Baldwin and Fagerlund 1943, pp. 118– litt.) several of the host plants of al. 1988, p. 277). 122). Currently, feral cattle are found Hawaiian picture-wing flies, including Goats seek out seedlings and juveniles only on Maui and Hawaii, typically in Charpentiera spp. and Pisonia spp., the of Bidens spp. (Bio 2011, pers. comm.), accessible forests and certain coastal two host plants that support the picture- and are known to indiscriminately graze and lowland leeward habitats (Tomich wing fly in this rule, are susceptible to on and eat the seeds of native Hawaiian 1986, pp. 140–144). damage from feral ungulates such as Pritchardia species (Chapin et al. 2004, In HVNP, Cuddihy reported that there pigs. As pigs occur in 9 of the 10 p. 274; Chapin et al. 2007, p. 20). The were twice as many native plant species ecosystems (coastal, lowland dry, two known occurrences of the plant as nonnatives found in areas that had lowland mesic, lowland wet, montane Pritchardia lanigera are found in an been fenced to exclude feral cattle, dry, montane mesic, montane wet, dry unfenced area of the Kohala Mountains, whereas on the adjacent, nonfenced cliff, and wet cliff) on Hawaii Island, the where they are impacted by browsing cattle ranch, there were twice as many and grazing by goats and other results of the studies described above nonnative plant species as natives ungulates (Warshauer et al. 2009, pp. suggest that pigs can also alter these (Cuddihy 1984, pp. 16, 34). Skolmen 10, 24; Laws et al. 2010, in litt.). ecosystems and directly damage or and Fujii (1980, pp. 301–310) found that Schiedea spp. are favored by grazing destroy the 13 plant species listed as Acacia koa seedlings were able to goats, and goat browsing adversely endangered species in this final rule, reestablish in a moist A. koa— impacts the only known population of and the two plants that support the Metrosideros polymorpha forest on the plant species Schiedea hawaiiensis picture-wing fly that is being listed as Hawaii Island after the area was fenced (Wagner et al. 2005d, p. 32; Chynoweth endangered in this final rule (see above to exclude feral cattle (Skolmen and et al. 2011, in litt.). In addition, there are and Table 3). Fujii 1980, pp. 301–310). Cattle eat direct observations of goat herbivory, on Feral goats thrive on a variety of food either the fresh seedlings, fruit, seeds, or native vegetation, trample roots and plants, and are instrumental in the leaves, of four of the plant species in seedlings, cause erosion, create decline of native vegetation in many this final rule, including Bidens disturbed areas conducive to invasion areas (Cuddihy and Stone 1990, p. 64). hillebrandiana ssp. hillebrandiana (Bio by nonnative plants, and spread seeds of Feral goats trample roots and seedlings, 2011, pers. comm.), B. micrantha ssp. nonnative plants in their feces and on cause erosion, and promote the invasion ctenophylla (Bio 2011, pers. comm.; their bodies. Cattle have been observed of alien plants. They are able to forage Knoche 2011, in litt.), Pritchardia accessing native plants in Hakalau NWR in extremely rugged terrain and have a lanigera (Wood 1995, in litt.; Chapin et by breaking down ungulate exclosure high reproductive capacity (Clarke and al. 2004, p. 274), and Schiedea fences (Tummons 2011, p. 4). In Cuddihy 1980, p. C–20; van Riper and hawaiiensis (Mitchell et al. 2005a). addition, there are direct observations of van Riper 1982, pp. 34–35; Tomich According to Magnacca et al. (2008, p. cattle herbivory on three of the plant 1986, pp. 153–156; Cuddihy and Stone 32) several of the host plants of species in this rule, including Cyanea 1990, p. 64). Goats were observed to Hawaiian picture-wing flies, including marksii (PEPP 2010, p. 52), C. browse on native plant species in the the host plants of the picture-wing fly tritomantha (PEPP 2010, p. 60), and following genera: Argyroxiphium, listed as endangered in this rule Pittosporum hawaiiense (Bio 2011, pers. Canavalia, Plantago, Schiedea, and (Charpentiera spp. and Pisonia spp.), comm.). In addition, although we have Stenogyne (Cuddihy and Stone 1990, p. are susceptible to damage from feral no direct observations, we also consider 64). A study on the island of Hawaii ungulates such as goats. As goats occur the plant Schiedea diffusa ssp. macraei demonstrated that Acacia koa seedlings in nine of the ecosystems (coastal, to be susceptible to herbivory by cattle are unable to survive due to browsing lowland dry, lowland mesic, lowland because cattle are reported to favor and grazing by goats (Spatz and wet, montane dry, montane mesic, plants in the genus Schiedea (Wagner et Mueller-Dombois 1973, p. 874). If goats montane wet, dry cliff, and wet cliff) on al. 2005d, pp. 31–32) and feral cattle are maintained at constantly high Hawaii Island, the results of the studies still occur in the Kohala Mountains, the numbers, mature A. koa trees will described above suggest that goats can location of the only known individual of eventually die, and with them the root also alter these ecosystems and directly this species. Between 1987 and 1994, systems that support suckers and damage or destroy four of the plant populations of Schiedea salicaria on vegetative reproduction. One study species being listed as endangered in West Maui were grazed so extensively demonstrated a positive height-growth this final rule (Bidens micrantha ssp. by cattle, all of the individuals of this response of A. koa suckers to the 3-year ctenophylla, B. hillebrandiana ssp. species in accessible areas disappeared exclusion of goats (1968–1971) inside a hillebrandiana, Pritchardia lanigera, by 1994 (Wagner et al. 2005d, p. 32). fenced area, whereas suckers were and Schiedea hawaiiensis), and the two Cattle are also known to browse similarly abundant but very small host plants that support the picture- Charpentiera spp. and Pisonia spp., the outside of the fenced area (Spatz and wing fly being listed as an endangered two host plants that support the picture- Mueller-Dombois 1973, p. 873). Another species in this final rule (see above and wing fly in this final rule (Magnacca et study at Puuwaawaa demonstrated that Table 3). al. 2008, p. 32; Magnacca 2011b, pers. prior to management actions in 1985, Four of the plant species listed as comm.). As feral cattle occur in five of regeneration of endemic shrubs and endangered in this final rule (Cyanea the described ecosystems (anchialine trees in the goat-grazed area was almost marksii, C. tritomantha, Pittosporum pool, lowland mesic, lowland wet, totally lacking, contributing to the hawaiiense, and Schiedea diffusa ssp. montane mesic, and montane wet) on invasion of the forest understory by macraei), and the two host plants that Hawaii Island, the results of the studies

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described above suggest that feral cattle on the thin bark of a young tree is endangered species in this final rule can also alter these ecosystems and potentially lethal. Mouflon are also (Table 3). directly damage or destroy four of the reported to strip bark from Acacia koa The recent introduction of axis deer to plant species listed as endangered trees (Hess 2008, p. 3) and to seek out Hawaii Island raises a significant species in this final rule (Cyanea the threatened plant Silene hawaiiensis concern due to the reported damage axis marksii, C. tritomantha, Pittosporum (Benitez et al. 2008, p. 57). In the deer cause on the island of Maui (see hawaiiense, and Schiedea diffusa ssp. Kahuku section of HVNP, mouflon Factor A. The Present or Threatened macraei), and the two host plants that jumped the park boundary fence and Destruction, Modification, or support the picture-wing fly listed as an reduced one population of S. Curtailment of Habitat or Range, above). endangered species in this rule hawaiiensis to half its original size over Most of the available information on (Charpentiera spp. and Pisonia spp.) a 3-year period (Belfield and Pratt 2002, axis deer in the Hawaiian Islands (Table 3). p. 8). Other native species browsed by concerns observations and reports from Feral sheep browse and trample mouflon include Geranium cuneatum the island of Maui. On Maui, axis deer native vegetation, and have decimated ssp. cuneatum (hinahina, silver were introduced by the State as a game large areas of native forest and geranium), G. cuneatum ssp. animal, but their numbers have steadily shrubland (Tomich 1986, pp. 156–163; hypoleucum (hinahina, silver increased, especially in recent years on Cuddihy and Stone 1990, p. 65–66). geranium), and Sanicula sandwicensis Haleakala (Luna 2003, p. 44). During the Large areas of Hawaii Island have been (NCN) (Benitez et al. 2008, pp. 59, 61). 4-year El Nin˜ o drought from 1998 devastated by sheep. For example, On Lanai, mouflon were once cited as through 2001, Maui experienced an 80 sheep browsing reduced seedling one of the greatest threats to the to 90 percent decline in shrub and vine establishment of Sophora chrysophylla endangered Gardenia brighamii species caused by deer browsing and (mamane) so severely that it resulted in (Mehrhoff 1993, p. 11), although fencing girdling of young saplings. High a reduction of the tree line elevation on has now proven to be an effective mortality of rare and native plant Mauna Kea (Warner 1960 in Juvik and mechanism against mouflon herbivory species was observed (Medeiros 2010, Juvik 1984, pp. 191–202). Currently on this plant (Mehrhoff 1993, pp. 22– pers. comm.). Axis deer consume there is a large sheep-mouflon sheep 23). Due to their high agility and progressively less palatable plants until hybrid population (see ‘‘Habitat reproductive rates, mouflon sheep have no edible vegetation is left (Hess 2008, Destruction and Modification by the potential to occupy most ecosystems p. 3). Axis deer are highly adaptable to Introduced Ungulates’’ under Factor A. found on Hawaii Island, from sea-level changing conditions and are The Present or Threatened Destruction, to very high elevations (Hess 2010, pers. characterized as ‘‘plastic’’ (meaning Modification, or Curtailment of Habitat comm.; Ikagawa 2011, in litt.). Further, flexible in their behavior) by Ables or Range, above) on Mauna Kea that Ovis spp. are known throughout the (1977, cited in Anderson 1999, p. 5). extends into the saddle and northern world for chewing vegetation right They exhibit a high degree of part of Mauna Loa, and there are reports down to the soil (Ikagawa 2011, in litt.). opportunism regarding their choice of that these animals are destroying forage (Dinerstein 1987, cited in endangered plants (Hess 2008, p. 1). Recent research by Ikagawa (2011, in Anderson 1999, p. 5) and can be found There are direct observations of feral litt.) suggests that the plant species in all but the highest elevation sheep herbivory on individuals of the Pritchardia lanigera occurs within the ecosystems (subalpine and alpine) and only known occurrence of the plant observed range of mouflon, and is montane bogs, according to Medeiros species Schiedea hawaiiensis at PTA potentially impacted by mouflon (2010, pers. comm.). (Mitchell et al. 2005a; U.S. Army browsing. In addition, there are direct Axis deer on Maui follow a cycle of Garrison 2006, p. 34). As feral sheep observations or reports that mouflon grazing and browsing in open lowland occur in one of the described sheep browsing and grazing grasslands during the rainy season ecosystems (montane dry) on Hawaii significantly impact the plant species (November–March) and then migrate to Island, the results of the studies Cyanea marksii, Pittosporum the lava flows of montane mesic forests described above suggest that sheep can hawaiiense, and Schiedea hawaiiensis during the dry summer months to graze also alter this ecosystem and directly (Bio 2011, pers. comm.; Pratt 2011e, in and browse native plants (Medeiros damage or destroy individuals of litt.), which are listed as endangered in 2010, pers. comm.). Axis deer are Schiediea hawaiiensis (Table 3). this final rule. Further, Charpentiera known to favor the native plants Mouflon sheep graze native spp., one of the two host plants that Abutilon menziesii (an endangered vegetation, trample undergrowth, spread support the picture-wing fly in this rule, species), Erythrina sandwicensis weeds, and cause erosion. On the island appears to be decreasing throughout its (wiliwili), and Sida fallax (ilima) of Hawaii, mouflon sheep browsing led range due to impacts from mouflon (Medeiros 2010, pers. comm.). During to the decline in the largest population browsing (Science Panel 2005, pp. 1–23; the driest months of summer (July and of the endangered Argyroxiphium Magnacca 2011b, pers. comm.). As August), axis deer can even be found kauense (kau silversword, Mauna Loa mouflon occur in five of the described along Maui’s coastal roads as they silversword, or ahinahina) located on ecosystems (lowland wet, lowland search for food. Hunting pressure also the former Kahuku Ranch, reducing it mesic, montane dry, montane mesic, appears to drive the deer into native from a ‘‘magnificent population of and montane wet) on Hawaii Island, the forests, particularly the lower rainforests several thousand’’ (Degener et al. 1976, results of the studies described above up to 4,000 to 5,000 ft (1,220 and 1,525 pp. 173–174) to fewer than 2,000 suggest that mouflon sheep can also m) in elevation (Medeiros 2010, pers. individuals (unpublished data in Powell alter these ecosystems and directly comm.), and according to Kessler and 1992, in litt., p. 312) over a period of 10 damage or destroy four plants listed as Hess (2010, pers. comm.), axis deer can years (1974–1984). The native tree endangered species in this final rule be found up to 9,000 ft (2,743 m) Sophora chrysophylla is also a preferred (Cyanea marksii, Pittosporum elevation. On Lanai, grazing by axis deer browse species for mouflon. According hawaiiense, Pritchardia lanigera, and has been reported as a major threat to to Scowcroft and Sakai (1983, p. 495), Schiedea hawaiiensis), and one of the the endangered Gardenia brighamii mouflon eat the shoots, leaves, flowers, two host plants (see above) that support (nau) (Mehrhoff 1993, p. 11). Swedberg and bark of this species. Bark stripping the picture-wing fly listed as an and Walker (1978, cited in Anderson

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2003, pp. 124–125) reported that in the Other Introduced Vertebrates and Cyanea tritomantha), nine other upper forests of Lanai, the native plants species of plants in this final rule are Rats Osteomeles anthyllidifolia (ulei) and adversely impacted by rat predation: Leptecophylla tameiameiae (pukiawe) There are three species of introduced Bidens hillebrandiana ssp. comprised more than 30 percent of axis rats in the Hawaiian Islands: Polynesian hillebrandiana, B. micrantha ssp. deer rumen volume. On Molokai rat (Rattus exulans), black rat (R. rattus), ctenophylla (Bio 2011, pers. comm.), browsing by axis deer has been reported and Norway rat (R. norvegicus). The Cyrtandra nanawaleensis, Cyrtandra on Erythrina sandwicensis and Polynesian rat and the black rat are wagneri (Lorence and Perlman 2007, pp. Nototrichium sandwicense (kului) primarily found in the wild, in dry to 357–361; Bio 2011, pers. comm.), (Medeiros et al. 1996, pp. 11, 19). Other wet habitats, while the Norway rat is Pittosporum hawaiiense, Pritchardia native plant species consumed by axis typically found in manmade habitats, lanigera, Schiedea diffusa ssp. macraei, deer include Achyranthes splendens such as urban areas or agricultural fields Schiedea hawaiiensis, and Stenogyne (NCN), Bidens campylotheca ssp. (Tomich 1986, p. 41). The black rat is cranwelliae (Cuddihy and Stone 1990, pentamera (kookoolau) and B. widely distributed among the main pp. 67–69; Gon III and Tierney 1996, in Hawaiian Islands and can be found in campylotheca ssp. waihoiensis litt.; Bio 2008, in litt.; Pratt 2008b, in a broad range of ecosystems up to 9,744 (kookoolau), Chamaesyce celastroides litt.; Bio 2010, pers. comm.; HBMP ft (2,970 m), but it is most common at var. lorifolia (akoko), Diospyros 2010c; HBMP 2010f; HBMP 2010j; low- to mid-elevations (Tomich 1986, sandwicensis (lama), Geranium HBMP 2010k; PEPP 2010, pp. 101, 113; pp. 38–40). While Sugihara (1997, p. multiflorum (nohoanu; an endangered Pratt 2011f, in litt.; Crysdale 2013, pers. 194) found both the black and comm.). species), Lipochaeta rockii var. dissecta Polynesian rats up to 6,972 ft (2,125 m) (nehe), Osmanthus sandwicensis elevation on Maui, the Norway rat was Nonnative Fish (ulupua), Panicum torridum not seen at the higher elevations in his (kakonakona), and Santalum ellipticum In Hawaii, the introduction of study. Rats occur in nine of the nonnative fish, including bait-fish, into (laau ala) (Anderson 2002, poster; described ecosystems (coastal, lowland Perlman 2009, in litt., pp. 4–5). As anchialine pools has been a major dry, lowland mesic, lowland wet, contributor to the decline of native demonstrated on the Islands of Lanai, montane dry, montane mesic, montane Maui, and Molokai, axis deer will shrimp (TNC 1987 cited in Chan 1995, wet, dry cliff, and wet cliff), and p. 1; Chan 1995, pp. 1, 8, 17–18; Brock spread into nine of the described predation by rats adversely impacts 11 ecosystems (coastal, lowland dry, and Kam 1997, p. 50; Brock 2004, p. of the 13 plant species listed as 13–17; Kinzie 2012, in litt.). Predation lowland mesic, lowland wet, montane endangered in this final rule (rats are dry, montane mesic, montane wet, dry by, and competition with, introduced not a reported threat to the picture-wing nonnative fish is considered the greatest cliff, and wet cliff) on Hawaii Island if fly or anchialine pool shrimp listed as not controlled. The newly established threat to native shrimp within endangered in this rule) (see Table 3). anchialine pool ecosystems (Bailey- axis deer partnership (see Factor A. The Rats impact native plants by eating Brock and Brock 1993, p. 354; Brock Present or Threatened Destruction, fleshy fruits, seeds, flowers, stems, 2004, pp. 13–17). These impacts are Modification, or Curtailment of Habitat leaves, roots, and other plant parts discussed further under Factor E. Other or Range, above) is currently (Atkinson and Atkinson 2000, p. 23), Natural or Manmade Factors Affecting implementing an axis deer response and and can seriously affect regeneration. Their Continued Existence, below. removal plan, and just recently reported Research on rats in forests in New their first confirmed removal on April Zealand has also demonstrated that, Invertebrates 11, 2012 (Osher 2012, in litt.). In over time, differential regeneration as a Nonnative Slugs addition, there is a proposed revision to consequence of rat predation may alter the State of Hawaii’s HRS 91 (see Factor the species composition of forested Predation by nonnative slugs A. The Present or Threatened areas (Cuddihy and Stone 1990, pp. 68– adversely impacts 5 of the 13 plant Destruction, Modification, or 69). Rats have caused declines or even species (Cyanea marksii, Cyanea Curtailment of Habitat or Range, above, the total elimination of island plant tritomantha, Cyrtandra nanawaleensis, and Factor D. The Inadequacy of species (Campbell and Atkinson 1999, Cyrtandra wagneri, and Stenogyne Existing Regulatory Mechanisms, below) cited in Atkinson and Atkinson 2000, p. cranwelliae; see Table 3) in this final that would address the gap in the 24). In the Hawaiian Islands, rats may rule through mechanical damage, current emergency rules authority and consume as much as 90 percent of the destruction of plant parts, and mortality expand the ability of State agencies to seeds produced by some trees, or in (U.S. Army Garrison 2006, p. 3–51; Joe adopt emergency rules to include some cases prevent the regeneration of 2006, p. 10; Lorence and Perlman 2007, situations that impose imminent threats forest species completely (Cuddihy and p. 359; Bio 2008, in litt.; Perlman and to natural resources (e.g., axis deer on Stone 1990, pp. 68–69). All three Bio 2008, in litt.; HBMP 2010k). On Hawaii Island). The results from the species of rat (black, Norway, and Oahu, slugs have been reported to studies above, combined with direct Polynesian) have been reported to be a destroy the endangered plants Cyanea observations from field biologists, serious threat to many endangered or calycina and Cyrtandra kaulantha in suggest that grazing and browsing by threatened Hawaiian plants (Stone 1985, the wild, and have been observed eating axis deer can impose negative impacts p. 264; Cuddihy and Stone 1990, pp. leaves and fruit of wild and cultivated to the nine ecosystems above and their 67–69). Plants with fleshy fruits are individuals of Cyanea (Mehrhoff 1995, associated native plants, including the particularly susceptible to rat predation, in litt.; Pratt and Abbott 1997, p. 13; 13 plant species listed as endangered including some of the species listed as U.S. Army Garrison 2006, pp. 3–34, species in this final rule, and the two endangered in this rule. For example, 3–51). In addition, slugs have damaged host plants that support the picture- the fruits of plants in the bellflower individuals of other Cyanea and wing fly (see above) listed as an family (e.g., Cyanea spp.) appear to be Cyrtandra species in the wild (Wood et endangered species in this final rule, a target of rat predation (Cuddihy and al. 2001, p. 3; Sailer and Keir 2002, in should this nonnative ungulate increase Stone 1990, pp. 67–69). In addition to litt., p. 3; PEPP 2007, p. 38; PEPP 2008, in number and range on Hawaii Island. both species of Cyanea (Cyanea marksii pp. 23, 49, 52–53, 57).

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Little is known about predation of in Hawaii’s tropical climate, colonies of vandenboschi (NCN), and Biosteres certain rare plants by slugs; however, this species persist through a second arisanus (NCN), were purposefully information in the U.S. Army’s 2005 year, allowing them to have larger introduced into Hawaii to control ‘‘Status Report for the Makua numbers of individuals and thus a nonnative pest tephritid fruit flies Implementation Plan’’ indicates that greater impact on prey populations (Funasaki et al. 1988, pp. 105–160). slugs can be a threat to all species of (Gambino et al. 1987, pp. 169–170). In These parasitic wasps are also known to Cyanea (U.S. Army Garrison 2006, p. Haleakala National Park on Maui, attack other species of flies, including 3–51). Research investigating slug western yellow-jacket wasps were found native flies in the family Tephritidae. herbivory and control methods shows to forage predominantly on native While these parasitic wasps have not that slug impacts on seedlings of Cyanea (Gambino et al. 1987, pp. been recorded parasitizing Hawaiian spp. results in up to 80 percent seedling 169–170; Gambino et al. 1990, pp. picture-wing flies and, in fact, may not mortality (U.S. Army Garrison 2006, p. 1,088–1,095; Gambino and Loope 1992, successfully develop in Drosophilidae, 3–51). Slug damage has also been pp. 15–21). Western yellow-jacket females will indiscriminately sting any reported on other Hawaiian plants wasps have also been observed carrying fly larvae in their attempts to oviposit including Argyroxiphium grayanum and feeding upon recently captured (lay eggs), resulting in mortality (Evans (greensword), Alsinidendron sp., adult Hawaiian Drosophila (Kaneshiro 1962, pp. 468–483). Because of this Hibiscus sp., the endangered plant and Kaneshiro 1995, pp. 40–45). These indiscriminate predatory behavior, we Schiedea kaalae (maolioli), the wasps are also believed to feed upon consider nonnative parasitoid wasps to endangered plant sandwicense picture-wing fly larvae within their host represent a threat to the picture-wing fly (popolo aiakeakua), and Urera sp. plants (Carson 1986, pp. 3–9). In listed as an endangered species in this (Gagne 1983, pp. 190–191; Sailer 2002 addition, native picture-wing flies, final rule. cited in Joe 2006, pp. 28–34). including the species in this final rule, Nonnative Ants Joe and Daehler (2008, p. 252) found may be particularly vulnerable to that native Hawaiian plants are more predation by wasps due to their lekking Ants are not a natural component of vulnerable to slug damage than (male territorial defensive displays Hawaii’s fauna, and native nonnative plants. In particular, they during courtship and mating) behavior species evolved in the absence of found that the individuals of the and conspicuous courtship displays that predation pressure from ants. Ants can endangered plants Cyanea superba and can last for several minutes (Kaneshiro be particularly destructive predators Schiedea obovata had 50 percent higher 2006, pers. comm.). The concurrent because of their high densities, mortality when exposed to slugs when arrival of the western yellow-jacket recruitment behavior, aggressiveness, compared to individuals of the same wasp and decline of picture-wing fly and broad range of diet (Reimer 1993, species that were protected within slug observations in some areas suggest that pp. 13–17). Ants can prey directly upon exclosures. Slug damage has been the wasp may have played a significant native arthropods, exclude them documented on the plant Stenogyne role in the decline of some of the through interference or exploitation cranwelliae (HBMP 2010k). As slugs are picture-wing fly populations, including competition for food resources, or found in three of the described populations of the picture-wing fly displace them by monopolizing nesting ecosystems (lowland wet, montane wet, listed as endangered in this rule (Carson or shelter sites (Krushelnychy et al. and wet cliff) on Hawaii Island, the data 1986, pp. 3–9; Foote and Carson 1995, 2005, p. 6). The threat of ant predation from the above studies, in addition to p. 371; Kaneshiro and Kaneshiro 1995, on the picture-wing fly species in this direct observations from field biologists, pp. 40–45; Science Panel 2005, pp. final rule is amplified by the fact that suggest that slugs can directly damage 1–23). As the western yellow-jacket most ant species have winged or destroy native plants, including five wasp is widespread within three reproductive adults (Borror et al. 1989, of the plant species listed as endangered ecosystems (lowland mesic, montane p. 738) and can quickly establish new species in this final rule (Cyanea mesic, and montane wet) on Hawaii colonies in additional suitable habitats marksii, C. tritomantha, Cyrtandra Island in which the two known (Staples and Cowie 2001, p. 55). These nanawaleensis, C. wagneri, and occurrences of the picture-wing fly attributes allow some ants to destroy Stenogyne cranwelliae). listed as endangered in this final rule otherwise geographically isolated occur, the results from the studies populations of native arthropods (Nafus Nonnative Western Yellow-Jacket 1993, pp. 19, 22–23). Wasps above, in addition to observations by field biologists, suggest that western At least 47 species of ants are known The western yellow-jacket wasp yellow-jacket wasps can directly kill to be established in the Hawaiian (Vespula pensylvanica) is a social wasp individuals of the picture-wing fly Islands (Krushelnycky 2008, pp. 1–11), species native to the mainland of North (Foote and Carson 1995, p. 371; and at least 4 particularly aggressive America. It was first reported from Oahu Kaneshiro and Kaneshiro 1995, pp. species (the big-headed ant (Pheidole in the 1930s (Nishida and Evenhuis in 40–45; Science Panel 2005, pp. 1–23). megacephala), the long-legged ant (also Sherley 2000, p. 121), and an aggressive known as the yellow crazy ant) race became established in 1977 Nonnative Parasitoid Wasps (Anoplolepis gracilipes), Solenopsis (Gambino et al. 1987, p. 170). This The number of native parasitic papuana (NCN), and Solenopsis species is now particularly abundant Hymenoptera (parasitic wasps) in geminata (NCN)) have severely between 1,969 and 5,000 ft (600 and Hawaii is limited, and only species in impacted the native insect fauna, likely 1,524 m) in elevation (Gambino et al. the family Eucoilidae are known to use including native picture-wing flies 1990, pp. 1,088–1,095; Foote and Carson Hawaiian picture-wing flies as hosts (Reimer 1993, pp. 13–17). Numerous 1995, p. 371) on Kauai, Oahu, Molokai, (Montgomery 1975, pp. 74–75; other species of ants are recognized as Maui, Lanai, and Hawaii Island (GISD Kaneshiro and Kaneshiro 1995, pp. threats to Hawaii’s native invertebrates, 2012b). The western yellow-jacket wasp 44–45). However, several species of and an unknown number of new species is an aggressive, generalist predator small parasitic wasps (Family are established every few years (Staples (Gambino et al. 1987, p. 170). In Braconidae), including and Cowie 2001, p. 53). As a group, ants temperate climates, the western yellow- Diachasmimorpha tryoni (NCN), D. occupy most of Hawaii’s habitat types, jacket wasp has an annual life cycle, but longicaudata (NCN), Opius from coastal to subalpine ecosystems;

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however, many species are still Zealand) can form very high densities in 1988, p. 175). In addition to predation, invading mid-elevation montane mesic a relatively short period of time with S. geminata workers tend honeydew- forests, and few species have been able locally serious consequences for producing members of the Homoptera to colonize undisturbed montane wet invertebrate diversity. Densities of 3,600 suborder, especially mealybugs, which ecosystems (Reimer 1993, pp. 13–17). individuals collected in pitfall traps can impact plants directly and The lowland forests are a portal of entry within a 24-hour period were observed, indirectly through the spread of disease to the montane and subalpine as well as predation upon invertebrates (Manaaki Whenua Landcare Research ecosystems, and, therefore, because ants ranging from crabs to other ant species. 2012—Ant Distribution Database). are actively invading increasingly On Christmas Island in the Indian Solenopsis geminata was included elevated ecosystems, ants are more Ocean, numerous studies have among the eight species ranked as likely to occur in high densities in the documented the range of impacts to having the highest potential risk to New lowland mesic and montane mesic native invertebrates, including the red Zealand in a detailed pest risk ecosystems currently occupied by the land crab (Gecarcoidea natalis), as a assessment for the country (GISD picture-wing fly (Reimer 1993, pp. result of predation by supercolonies of 2012c), and is included as one of five 13–17). the long-legged ant (Abbott 2006, p. ant species listed among the ‘‘100 of the The big-headed ant originated in 102). Long-legged ants have the World’s Worst Invaders’’ (Manaaki central Africa (Krushelnycky et al. 2005, potential as predators to profoundly Whenua Landcare Research 2012—Ant p. 24) and was first reported in Hawaii affect the endemic insect fauna in Distribution Database). Although in 1879 (Krushelnycky et al. 2005, p. territories they occupy. Studies surveys have not been conducted to 24). This species is considered one of comparing insect populations at ascertain this species’ presence in either the most invasive and widely otherwise similar ant-infested and ant- of the two sites occupied by the picture- distributed ants in the world (Holway et free sites found extremely low numbers wing fly, because of the ant’s expanding al. 2002, pp. 181–233; Krushelnycky et of large endemic noctuid moth larvae range and its widespread occurrence in al. 2005, p. 5). In Hawaii, this species (Agrotis spp. and Peridroma spp.) in coastal, lowland dry, and lowland mesic is the most ubiquitous ant species ant-infested areas. Nests of habitats, it is a potential threat to the found, from coastal to mesic habitat up groundnesting colletid bees picture-wing fly in the lowland mesic to 4,000 ft (1,219 m) in elevation, (Nesoprosopis spp.) were eliminated ecosystem. including within the habitat areas of the from ant-infested sites (Reimer et al. The Argentine ant (Linepithema picture-wing fly listed as endangered in 1990, p. 42). Although only cursory humile) was discovered on the island of this rule. With few exceptions, native observations exist in Hawaii (Reimer et Oahu in 1940, and is now established insects have been eliminated in habitats al. 1990, p. 42), we believe long-legged on all the main Hawaiian Islands where the big-headed ant is present ants are a threat to the picture-wing fly (Reimer et al. 1990, p. 42). Argentine (Gagne 1979, p. 81; Gillespie and listed as endangered in this rule in the ants do not disperse by flight, instead Reimer 1993, p. 22). Consequently, big- lowland mesic ecosystem. headed ants represent a threat to the Solenopsis papuana is the only colonies are moved about with soil and picture-wing fly, in the lowland mesic abundant, aggressive ant that has construction material. The Argentine and montane mesic ecosystems (Reimer invaded intact mesic to wet forest, as ant is found from coastal to subalpine 1993, pp. 14, 17; Holway et al. 2002, pp. well as coastal and lowland dry ecosystems on the island of Maui, and 181–233; Daly and Magnacca 2003, pp. habitats. This species occurs from sea on the slopes of Mauna Loa, in the 9–10; Krushelnycky et al. 2005, p. 5). level to over 2,000 ft (600 m) on all of lowland mesic and montane mesic The long-legged ant appeared in the main Hawaiian Islands, and is still ecosystems on Hawaii Island, the Hawaii in 1952, and now occurs on expanding its range (Reimer 1993, p. location of one of the two occurrences Hawaii, Kauai, Maui, and Oahu (Reimer 14). Although surveys have not been of the picture-wing fly (Hartley et al. et al. 1990, p. 42; http:// conducted to ascertain this species’ 2010, pp. 83–94; Krushelnychy and www.antweb.org, 2011). It inhabits low- presence in either of the two known Gillespie 2010, pp. 643–655). The to-mid-elevation (less than 2,000 ft (600 sites occupied by the picture-wing fly, Argentine ant has been documented to m)), rocky areas of moderate rainfall because of the ant’s expanding range reduce populations of, or even (less than 100 in (250 cm) annually) and its widespread occurrence in eliminate, native arthropods in (Reimer et al. 1990, p. 42). Although coastal, lowland dry, and lowland mesic Haleakala National Park on Maui (Cole surveys have not been conducted to habitats, we believe S. papuana is a et al. 1992, pp. 1313–1322). On Maui, ascertain this species’ presence in the threat to the picture-wing fly in the Argentine ants are significant predators two known sites occupied by the lowland mesic and montane mesic on pest fruit flies (Wong et al. 1984, pp. picture-wing fly, we believe that the ecosystems. 1454–1458), and Krushelychy and long-legged ant likely occurs within the Like Solenopsis papuana, S. geminata Gillespie (2010, pp. 643–655) found that lowland mesic ecosystem that supports is also considered a significant threat to Argentine ants on Hawaii Island are the picture-wing fly due to the ant’s native invertebrates (Gillespie and associated with the decline of an aggressive nature and ability to spread Reimer 1993, pp. 21–33) and occurs on endemic phorid fly (Megaselia sp.). and colonize new locations (Foote 2008, all the main Hawaiian Islands (Reimer Krushelychy and Gillespie (2010, pp. pers. comm.). Direct observations et al. 1990, p. 42; Loope and 643–655) suggest that ants severely indicate Hawaiian arthropods are Krushelnycky 2007, p. 70). Found in impact larval stages of many flies. While susceptible to predation by this species; drier areas of the Hawaiian Islands, it we are not aware of documented Gillespie and Reimer (1993, p. 21) and has displaced Pheidole megacephala as occurrences of predation by Argentine Hardy (1979, pp. 37–38) documented the dominant ant in some areas (Wong ants on picture-wing flies, including the the complete extirpation of several and Wong 1988, p. 175). Known to be species listed as endangered in this rule, native insects within the Kipahulu area a voracious, nonnative predator in many these ants are considered to be a threat on Maui after this area was invaded by areas to where it has spread, the species to native arthropods located at higher the long-legged ant. Lester and Tavite was documented to significantly elevations (Cole et al. 1992, pp. 1313– (2004, p. 391) found that long-legged increase fruit fly mortality in field 1322) and thus potentially to the ants in the Tokelau Atolls (New studies in Hawaii (Wong and Wong picture-wing fly that occurs from 2,000

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ft to 4,500 ft (610 m to 1,372 m) in 4,000 ft (1,219 m) in elevation, unless Curtailment of Range’’ under Factor A. elevation, in the lowland mesic, there is a favorable microclimate. While The Present or Threatened Destruction, montane mesic, and montane wet there has been a dramatic reduction in Modification, or Curtailment of Habitat ecosystems on Hawaii Island (Science the number of two-spotted leafhopper or Range, above, for a summary of some Panel 2005, pp. 1–23; Magnacca 2011b, populations between 2005 and 2007 voluntary conservation actions to pers. comm.). (possibly due to egg parasitism), this address threats from feral ungulates. We The rarity or disappearance of native nonnative insect has not been are unaware of voluntary conservation picture-wing fly species, including the eradicated, and predation by this measures to address the following species listed as endangered in this final nonnative insect remains a threat threats: (1) Predation by rats on 11 of the rule, from historical observation sites (Fukada 2007, in litt.). Chapin et al. 13 plants; (2) predation by nonnative over the past 100 years is due to a (2004, p. 279) believe that constant slugs on 5 of the 13 plant species; (3) variety of factors. While there is no monitoring of both wild and cultivated predation by nonnative insects (e.g., documentation that conclusively ties Pritchardia populations will be western yellow-jacket wasp, ants, the decrease in picture-wing fly necessary to abate this threat. parasitoid wasps) on the picture-wing observations to the establishment of fly; and (4) predation by nonnative Nonnative Beetles nonnative ants in lowland mesic, insects on Pritchardia lanigera. montane mesic, and montane wet The Hawaiian Islands now support ecosystems on Hawaii Island, the several species of nonnative beetles Summary of Disease or Predation presence of nonnative ants in these (family Scolytidae, genus Coccotrypes), We are unaware of any information habitats and the decline of picture-wing a few of which bore into and feed on the that indicates that disease is a threat to fly observations in some areas in these nuts produced by certain native and any of the 15 species in this final rule. habitats suggest that nonnative ants may nonnative palm trees, including those in Although conservation measures are have played a role in the decline of the genus Pritchardia (Swezey 1927, in in place in some areas where each of the some populations of the picture-wing litt.; Science Panel 2005, pp. 1–23; 15 species in this final rule occurs, fly listed as endangered in this rule. As Magnacca 2011b, pers. comm.). Species information does not indicate that they nonnative predatory ants are found in of Coccotrypes beetles prefer trees with are ameliorating the threat of predation three of the described ecosystems large seeds, like those of Pritchardia described above. Therefore, we consider (lowland mesic, montane mesic, and spp. (Beaver 1987, p. 11). Trees of predation by nonnative animal species montane wet) on Hawaii Island in Pritchardia spp. drop their fruit before (pigs, goats, cattle, sheep, mouflon which the picture-wing fly occurs, the the fruit reaches maturity due to the sheep, rats, slugs, wasps, ants, the two- data from the above studies, in addition boring action of the Coccotrypes spp. spotted leaf hopper, and beetles) to pose to direct observations from field beetles, thereby reducing natural an ongoing threat to all 13 plant species biologists, suggest that nonnative regeneration in the wild (Beaver 1987, and the picture-wing fly in this final predatory ants contribute to the p. 11; Magnacca 2005, in litt.; Science rule throughout their ranges for the reduction in range and abundance of the Panel 2005, pp. 1–23). The threat from following reasons: picture-wing fly (Science Panel 2005, Coccotrypes spp. beetles on Pritchardia (1) Observations and reports have pp. 1–23). spp. in Hawaii is expected to increase documented that pigs, goats, cattle, with time if the beetles are not sheep, and mouflon sheep browse and Two-Spotted Leaf Hopper controlled (Richardson 2011, pers. trample all 13 plant species and the host Predation by the two-spotted leaf- comm.). Although Pritchardia spp. are plants of the picture-wing fly in this hopper (Sophonia rufofascia) has been long-lived (up to 100 years), over time, rule (see Table 3), in addition to other reported on plants in the genus Coccotrypes spp. beetles may severely studies demonstrating the negative Pritchardia throughout the main impact Hawaiian species of Pritchardia, impacts of ungulate browsing and Hawaiian Islands and may be a threat to including Pritchardia lanigera, which is trampling on native plant species of the the plant Pritchardia lanigera in this listed as endangered in this final rule. islands (Spatz and Mueller-Dombois final rule (Chapin et al. 2004, p. 279). 1973, p. 874; Diong 1982, p. 160; Conservation Efforts To Reduce Disease This nonnative insect damages the Cuddihy and Stone 1990, p. 67). leaves it feeds on, typically causing or Predation (2) Nonnative rats and slugs cause chlorosis (yellowing due to disrupted There are no approved HCPs, CCAs, mechanical damage to plants and chlorophyll production) to browning or SHAs that specifically address these destruction of plant parts (branches, and death of foliage (Jones et al. 2000, 15 species and threats from predation. fruits, and seeds), and are considered a pp. 171–180). The damage to plants can We acknowledge that in the State of threat to 11 of the 13 plant species in result in the death of affected leaves or Hawaii there are several voluntary this rule (see Table 3). All of the plants the whole plant, owing to the combined conservation efforts (e.g., construction and the picture-wing fly in this final action of its feeding and oviposition of fences) that may be helping to rule are impacted by either introduced behavior (Alyokhin et al. 2004, p. 1). In ameliorate the threats to the 15 species ungulates, as noted in item (1) above, or addition to the mechanical damage listed as endangered in this final rule nonnative rats and slugs, or both. caused by the feeding process, the insect due to predation by nonnative animal (3) Predation of adults and larvae of may introduce plant pathogens that lead species, specifically predation by feral Hawaiian picture-wing flies by the to eventual plant death (Jones et al. ungulates on the 13 plants species. western yellow-jacket wasp has been 2006, p. 2). The two-spotted leafhopper However, these efforts are overwhelmed observed, and it has been suggested that is a highly polyphagous insect (it feeds by the number of threats, the extent of wasp predation has played a significant on many different types of food). Sixty- these threats across the landscape, and role in the dramatic declines of some eight percent of its recorded host plant the lack of sufficient resources (e.g., populations of picture-wing flies species in Hawaii are fruit, vegetable, funding) to control or eradicate them (Carson 1986, pp. 3–9; Foote and Carson and ornamental crops, and 22 percent from all areas where these 15 species 1995, p. 371; Kaneshiro and Kaneshiro are endemic plants, over half of which occur now or occurred historically. See 1995, pp. 40–45; Science Panel 2005, are rare and endangered (Alyokhin et al. ‘‘Conservation Efforts to Reduce Habitat pp. 1–23). Because western yellow- 2004, p. 6). Its range is limited to below Destruction, Modification, or jacket wasps are found in the three

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ecosystems in which the picture-wing predation of the 13 plant species (see The capacity of Federal and State fly is found, and western yellow-jacket Table 3). In addition, nonnative agencies and their nongovernmental wasps are known to prey on picture- ungulates (feral goats and cattle) pose an partners in Hawaii to mitigate the effects wing flies, we consider predation by the ongoing threat to the anchialine pool of introduced pests, such as ungulates western yellow-jacket wasp to be a shrimp through destruction and and weeds, is limited due to the large serious and ongoing threat to Drosophila degradation of its anchialine pool number of taxa currently causing digressa. habitat at Lua o Palahemo (feral damage (Coordinating Group on Alien (4) Parasitic wasps purposefully ungulates are not reported to pose a Pest Species (CGAPS) 2009). Many introduced to Hawaii to control threat to the anchialine pool habitat at invasive weeds established on Hawaii nonnative pest fruit flies will Manuka). Feral goats and cattle trample Island have currently limited but indiscriminately sting any fly larvae and forage on both native and nonnative expanding ranges and are of concern. when attempting to lay their eggs. plants around and near the pool Resources available to reduce the spread Predation by one or more of these opening at Lua o Palahemo, and of these species and counter their nonnative parasitic wasps is a threat to increase erosion around the pool and negative ecological effects are limited. Drosophila digressa. sediment entering the pool. The State of Control of established pests is largely (5) Picture-wing flies are vulnerable to Hawaii provides game mammal (feral focused on a few invasive species that predation by ants, and the range of pigs, goats, cattle, sheep, and mouflon cause significant economic or Drosophila digressa overlaps that of sheep) hunting opportunities on 42 environmental damage to public and particularly aggressive, nonnative, State-designated public hunting areas private lands. Comprehensive control of predatory ant species that currently on the island of Hawaii (H.A.R. 13–123; an array of invasive pests and occur from sea level to the montane Mello 2011, pers. comm.). The State’s management to reduce disturbance mesic ecosystem (over 3,280 ft (1,000 m) management objectives for game regimes that favor certain invasive elevation) on all of the main Hawaiian animals range from maximizing public species remain limited in scope. If Islands. We therefore consider predation hunting opportunities (e.g., ‘‘sustained current levels of funding and regulatory by these nonnative ants to be a threat to yield’’) in some areas to removal by support for invasive species control are maintained on Hawaii Island, the Drosophila digressa. State staff, or their designees, in other Service expects existing programs to (6) The plant Pritchardia lanigera is areas (H.A.R. 13–123). Ten of the 13 continue to exclude or, on a very vulnerable to predation by nonnative plant species (Cyanea marksii, Cyanea limited basis, control invasive species invertebrates. The two-spotted tritomantha, Cyrtandra nanawaleensis, only in high-priority areas. Threats from leafhopper has been observed on plants Cyrtandra wagneri, Phyllostegia established pests (e.g., nonnative in the genus Pritchardia throughout the floribunda, Pittosporum hawaiiense, ungulates, weeds, and invertebrates) are main Hawaiian Islands, and poses a Platydesma remyi, Pritchardia lanigera, ongoing and expected to continue into threat to Pritchardia lanigera (Chapin et Schiedea hawaiiensis, and Stenogyne the future. al. 2004, p. 279). Two-spotted cranwelliae) and the picture-wing fly leafhopper damage results in the death have occurrences in areas where Introduction of Nonnative Species of affected leaves or the entire plant terrestrial habitat may be manipulated (Alyokhin et al. 2004, p. 1). In addition, Currently, four agencies are for game enhancement and where game responsible for inspection of goods several species of nonnative beetles populations are maintained at (Coccotrypes spp.) bore into and feed arriving in Hawaii (CGAPS 2009). The prescribed levels using public hunting Hawaii Department of Agriculture upon the seeds of the native palm genus (Perlman et al. 2001, in litt.; Perlman et (HDOA) inspects domestic cargo and Pritchardia (Swezey 1927, in litt.; al. 2004, in litt.; Lorence and Perlman vessels, and focuses on pests of concern Science Panel 2005, pp. 1–23; Magnacca 2007, pp. 357–361; PEPP 2007, p. 61; to Hawaii, especially insects or plant 2011b, pers. comm.), which results in Pratt 2007a, in litt.; Pratt 2007b, in litt.; diseases not yet known to be present in reduced natural regeneration of the Benitez et al. 2008, p. 58; Agorastos the State (HDOA 2009). The U.S. plants (Beaver 1987, p. 11; Magnacca 2010, in litt.; HBMP 2010c; HBMP Department of Homeland Security’s 2005, in litt.; Science Panel 2005, pp. 2010e; HBMP 2010f; HBMP 2010g; Customs and Border Protection (CBP) is 1–23). HBMP 2010h; HBMP 2010i; HBMPk; responsible for inspecting commercial, These threats are serious and ongoing, PEPP 2010, p. 63; Bio 2011, pers. private, and military vessels and act in concert with other threats to the comm.; Evans 2011, in litt.; Perry 2011, aircraft, and related cargo and species, and are expected to continue or in litt.; Magnacca 2011b, pers. comm.; passengers arriving from foreign increase in magnitude and intensity into H.A.R. 13–123). Public hunting areas are locations. CBP focuses on a wide range the future without effective management not fenced, and game mammals have of quarantine issues involving non- actions to control or eradicate them. In unrestricted access to most areas across propagative plant materials (processed addition, negative impacts to native the landscape, regardless of underlying and unprocessed); wooden packing Hawaiian plants on Hawaii Island from land-use designation. While fences are materials, timber, and products; grazing and browsing by axis deer are sometimes built to protect areas from internationally regulated commercial likely should this nonnative ungulate game mammals, the current number and species under the Convention on increase in numbers and range on the locations of fences are not adequate to International Trade in Endangered island. prevent habitat degradation and Species of Wild Fauna and Flora Factor D. The Inadequacy of Existing destruction for all 15 species, or the (CITES); seeds and plants listed as Regulatory Mechanisms direct predation of the 13 plant species noxious; soil; and pests of concern to on Hawaii Island (see Table 3). the greater United States, such as pests Feral Ungulates However, the State game animal of mainland U.S. forests and agriculture. Nonnative ungulates pose a major regulations are not designed nor The U.S. Department of Agriculture’s ongoing threat to all 13 plant species, intended to provide habitat protection, Animal and Plant Health Inspection and to the picture-wing fly, through and there are no other regulations Service, Plant Protection and destruction and degradation of designed to address habitat protection Quarantine (USDA–APHIS–PPQ) terrestrial habitat, and through direct from ungulates. inspects propagative plant material,

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provides identification services for however, only time will determine the in the regions of Kohala, Kau, Kona, and arriving plants and pests, conducts pest true effectiveness of this legislation. Mauna Kea (HDLNR 2011, in litt.). The risk assessments, trains CBP personnel, From a Federal perspective, there is a Hawaii Department of Land and Natural conducts permitting and preclearance need to ensure that all civilian and Resources-Department of Forestry and inspections for products originating in military port and airport operations and Wildlife (HDLNR–HDOFAW) has foreign countries, and maintains a pest construction are in compliance with the developed a response-and-removal plan, database that, again, has a focus on pests Federal Endangered Species Act of including a partnership now underway of wide concern across the United 1973, as amended. The introduction of between HDLNR, Hawaii Department of States. The Service inspects arriving new pests to the State of Hawaii is a Agriculture (HDOA), the Big Island wildlife products, with the goal of significant risk to federally listed Invasive Species Committee (BIISC), enforcing the injurious wildlife species because the existing regulations Federal natural resource management provisions of the Lacey Act (18 U.S.C. are inadequate for the reasons discussed agencies, ranchers, farmers, private 42; 16 U.S.C. 3371 et seq.), and in the sections below. landowners, and concerned citizens identifying CITES violations. (http://www.bigisland-bigisland.com/, The State of Hawaii’s unique Nonnative Animal Species June 6, 2011). The partnership is biosecurity needs are not recognized by Vertebrate Species working with animal trackers and game Federal import regulations. Under the The State of Hawaii’s laws prohibit cameras to survey locations where axis USDA–APHIS–PPQ’s commodity risk the importation of all animals unless deer have been observed in an effort to assessments for plant pests, regulations they are specifically placed on a list of eradicate them on the island (http:// are based on species considered threats allowable species (HLRB 2002, pp. www.bigisland-bigisland.com/, June 6, to the mainland United States and do 2011; Osher 2012, in litt.). There is a 1–109; CGAPS 2010, pp. 1–14). The not address many species that could be high level of concern by the partnership importation and interstate transport of pests in Hawaii (Hawaii Legislative due to the negative impacts of axis deer invasive vertebrates is federally Reference Bureau (HLRB) 2002, pp. on agriculture and native ecosystems on regulated by the Service under the 1–109; USDA–APHIS–PPQ 2010, pp. neighboring islands (e.g., Maui) (Aila Lacey Act as ‘‘injurious wildlife’’ 1–88; CGAPS 2009, pp. 1–14). Interstate 2011, in litt.; Schipper 2011, in litt.; (Fowler et al. 2007, pp. 353¥359); the commerce provides the pathway for Aila 2012b, in litt.). In response to the list of vertebrates considered ‘‘injurious invasive species and commodities presence of axis deer on Hawaii Island, wildlife’’ is provided at 50 CFR 16. infested with non-Federal quarantine the Hawaii Invasive Species Council However, the law in its current form has pests to enter Hawaii. Pests of drafted a bill to allow State agencies to quarantine concern for Hawaii may be limited effectiveness in preventing adopt emergency rules in instances of intercepted at Hawaiian ports by invasive vertebrate introductions into imminent peril to the public health, Federal agents, but are not always acted the State of Hawaii due to the following safety, or morals, or to livestock and on by them because these pests are not factors: (1) The list of vertebrates poultry health (Aila 2012a, in litt.). This regulated under Federal mandates. considered as ‘‘injurious wildlife’’ and was intended to address a gap in the Hence, Federal protection against pest provided at 50 CFR 16 includes a current emergency rules authority, species of concern to Hawaii has relatively limited list of vertebrate expanding the ability of State agencies historically been inadequate. It is species that are federally enforceable to adopt emergency rules to address possible for the USDA to grant Hawaii under the Lacey Act; (2) the current list situations that impose imminent threats protective exemptions under the of vertebrates that are considered to natural resources (Aila 2012a, in litt.; ‘‘Special Local Needs Rule,’’ when clear ‘‘injurious wildlife’’ may not include Martin 2012, in litt.). This bill was and comprehensive arguments for both injurious wildlife that are identified enacted into State law on June 21, 2012. agricultural and conservation issues are under individual State laws or provided; however, this exemption regulations; and (3) listing additional Invertebrate Species procedure operates on a case-by-case vertebrate species under 50 CFR 16 may Predation by nonnative invertebrate basis. Therefore, that avenue may only entail a long process or timeframe. On pests (slugs, wasps, ants, leafhoppers, provide minimal protection against the June 21, 2012, a new State law, Act 144 and beetles) negatively impacts 6 of the large diversity of foreign pests that (‘‘Relating to Wildlife’’), was signed into 13 the plant species and the picture- threaten Hawaii. law. Act 144 prohibits the interisland wing fly (see Table 3 and Factor C. Adequate staffing, facilities, and possession, transfer, transport, or release Disease or Predation, above). It is likely equipment for Federal and State pest after transport of wild or feral deer, and that the introduction of most nonnative inspectors and identifiers in Hawaii establishes mandatory fines. On June 21, invertebrate pests to the State has been devoted to invasive species interdiction 2012, Act 149 (‘‘Relating to Emergency and continues to be accidental and are critical biosecurity gaps (HLRB Rules for Threats to Natural Resources incidental to other intentional and 2002, pp. 1–14; USDA–APHIS–PPQ or the Health of the Environment’’) was permitted activities. Although Hawaii 2010, pp. 1–88; CGAPS 2009, pp. 1–14). also signed into State law. Act 149 State government and Federal agencies State laws have recently been passed expands the ability of State agencies to have regulations and some controls in that allow the HDOA to collect fees for adopt emergency rules to address place (see above), and a few private quarantine inspection of freight entering situations that impose imminent threats organizations are voluntarily addressing Hawaii (e.g., Act 36 (2011) H.R.S. 150A– to natural resources (Aila 2012a, in litt.; this issue, the introduction and 5.3). Legislation passed and enacted on Martin 2012, in litt.). However, the movement of nonnative invertebrate July 8, 2011 (H.B. 1568), requires effectiveness of these two recently pest species between islands and from commercial harbors and airports in enacted laws has not yet been one watershed to the next continues. Hawaii to provide biosecurity and demonstrated. For example, an average of 20 new alien inspection facilities to facilitate the Recently (2010–2011), unauthorized invertebrate species have been movement of cargo through the ports. introduction of axis deer (Axis axis) to introduced to Hawaii per year since This enactment is a significant step the island of Hawaii as a game animal 1970, an increase of 25 percent over the toward optimizing the biosecurity has occurred (Kessler 2011, in litt.; Aila previous totals between 1930 and 1970 capacity in the State of Hawaii; 2012a, in litt.). They have been observed (The Nature Conservancy of Hawaii

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(TNCH) 1992, p. 8). Existing regulatory provide for sufficient inspection undeveloped area, but is well known mechanisms therefore appear services and monitoring. One study and frequently visited by residents and inadequate to ameliorate the threat of concluded that the plant importation visitors for recreational opportunities, as introductions of nonnative laws virtually ensure new invasive indicated by the numerous off-road invertebrates, and we have no evidence plants will be introduced via the vehicle tracks around the pool (USFWS to suggest that any changes to these nursery and ornamental trade, and that 2012 in litt.; Richardson 2012, in litt., regulatory mechanisms are anticipated outreach efforts cannot keep up with the pp. 1–2). As of the 2010 survey, a sign in the future. multitude of new invasive plants being posted near Lua o Palahemo indicates distributed. The author states the only Nonnative Plant Species that individuals who disturb the site are thing that wide-scale public outreach subject to fines under Haw. Rev. Stat. 6E Nonnative plants destroy and modify can do in this regard is to let the public (Hawaii’s State Historic Preservation habitat throughout the ranges of 14 of know new invasive plants are still being Act (SHPA)). This statute makes it the 15 species listed as endangered in sold, and they should ask for unlawful for any person to take, this final rule (see Table 3, above). As noninvasive or native plants instead appropriate, excavate, injure, destroy, or such, they represent a serious and (Martin 2007, in litt.). alter any historic property or aviation ongoing threat to each of these species. In 1995, the Coordinating Group on artifact located upon lands owned or In addition, nonnative plants have been Alien and Plant Species (CGAPS), a controlled by the State or any of its shown to outcompete native plants and partnership comprised primarily of political subdivisions, except as convert native-dominated plant managers from every major Federal, permitted by the State. Violators are communities to nonnative plant State, County, and private agency and subject to fines of not less than $500 nor communities (see ‘‘Habitat Destruction organization involved in invasive more than $10,000 for each separate and Modification by Nonnative Plants,’’ species work in Hawaii, facilitated the offense. However, regardless of the under Factor A. The Present or formation of the Hawaii Invasive above warning, sometime between the Threatened Destruction, Modification, Species Council (HISC), which was 2010 survey and the June 2012 visit by or Curtailment of Habitat or Range, created by gubernatorial executive order Service biologists, the sign had been above). in 2002, to coordinate local initiatives removed by unknown persons The State of Hawaii allows the for the prevention and control of (Richardson 2012, in litt., pp. 1–2). importation of most plant taxa, with invasive species by providing policy- Three of the four anchialine pools in limited exceptions, if shipped from level direction and planning for the domestic ports (HLRB 2002; USDA– State departments responsible for Manuka that support Vetericaris APHIS–PPQ 2010; CGAPS 2010). invasive species issues. In 2003, the chaceorum are located between 10 and Hawaii’s plant import rules (H.A.R. 4– Governor signed into law Act 85, which 33 ft (3 and 10 m) from the jeep road, 70) regulate the importation of 13 plant conveys statutory authority to the HISC which provides access to popular taxa of economic interest; regulated to continue to coordinate approaches coastal fishing and recreational crops include pineapple, sugarcane, among the various State and Federal locations frequented by the public, and palms, and pines. Certain horticultural agencies, and international and local one pool is approximately 60 ft (18 m) crops (e.g., orchids) may require import initiatives for the prevention and from the road (Sakihara 2013, in litt.). permits and have pre-entry control of invasive species (HDLNR The intentional introduction of requirements that include treatment or 2003, p. 3–15; HISC 2009; H.R.S. 194– nonnative freshwater fish is possible at quarantine or both, prior to or following 2(a)). Some of the recent priorities for these pools because there is evidence entry into the State. The State noxious the HISC include interagency efforts to that at least one pool in Manuka harbors weed list (H.A.R. control nonnative species such as the nonnative freshwater poeciliids (see 4–68) and USDA–APHIS–PPQ’s plants Miconia calvescens (miconia) and Factors Affecting the 15 Species, below) Restricted Plants List restrict the import Cortaderia spp. (pampas grass), coqui and marine fish, likely introduced by of a limited number of noxious weeds. frogs (Eleutherodactylus coqui), and fishermen. Three of the four anchialine If not specifically prohibited, current ants (HISC 2009). Since 2009, State pools are located in Manuka NAR. Federal regulations allow plants to be funding for HISC has been cut by Prohibited activities in the State natural imported from international ports with approximately 50 percent (total funding area reserve include, but are not limited some restrictions. The Federal Noxious dropped from $4 million in fiscal year to, the removal, injury, or killing of any Weed List (see 7 CFR 360.200) includes FY 2009 to $2 million in FY 2010, and plant or animal life (except game few of the many globally known to $1.8 million for FY 2011 to FY 2013 mammals and birds), the introduction of invasive plants, and plants in general do (Atwood 2012, in litt.; Atwood 2013, in any plant or animal life, and littering or not require a weed risk assessment prior litt.). Congressional earmarks made up deposition of refuse or any other to importation from international ports. some of the shortfall in State funding in substance (NAR System-Title 13, USDA–APHIS–PPQ is in the process of 2010 and into 2011. These funds Subtitle 9 Natural Area Reserve System, finalizing rules to include a weed risk supported ground crew staff that would Chap. 209 Sect. 13–209–4 Prohibited assessment for newly imported plants. have been laid off due to the shortfall in activities). The minimum fine for Although the State has general State funding (Clark 2012, in litt.). anyone convicted of violation of any guidelines for the importation of plants, Following a 50-percent reduction from laws or rules applicable to the natural and regulations are in place regarding FY 2009 funding, the HISC budget has area reserve system is $1,000. The the plant crops mentioned above, the remained relatively flat (i.e., State maximum fine that may be collected is intentional or inadvertent introduction funding is equal to funding provided in $10,000 for a third violation within 5 of nonnative plants outside the 2009) from FY 2010 to FY 2013 (Atwood years. The State may also initiate legal regulatory process and movement of 2013, in litt.). action to recover administrative costs. species between islands and from one However, there are no signs in place watershed to the next continues, which Dumping of Trash and Introduction of informing the public about the unique represents a threat to native flora for the Nonnative Fish animals that inhabit the anchialine reasons described above. In addition, The Lua o Palahemo anchialine pool pools, the threats posed by dumping government funding is inadequate to is located in a remote, largely fish in the pools, or the prohibitions

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against the introduction of plants or the picture-wing fly (Factor A. The Dumping of Trash and Introduction of animals into the pools. In addition, Present or Threatened Destruction, Nonnative Fish there are no law enforcement officers or Modification, or Curtailment of Habitat NAR staff assigned to regularly patrol or Range), and to prevent predation of The depressional features of the area for prohibited activities such as all 13 plant species and the host plants anchialine pools make them susceptible to dumping. Refuse found in degraded fish dumping in the anchialine pools of the picture-wing fly Drosophila pools and pools that have been filled in (Hadway 2013, pers. comm.). Although digressa (Factor C. Disease or with rubble has been dated to about 100 the introduction of animals, such Predation). nonnative freshwater fish and marine years old, and the practice continues fish, into Manuka NAR is a prohibited Existing State and Federal regulatory today (Brock 2004, p. 15). Lua o activity, an introduction has been mechanisms are not effectively Palahemo, one of the two known documented in at least one pool in preventing the introduction and spread locations of Vetericaris chaceorum, the Manuka. Therefore, the existing State of nonnative species from outside the anchialine pool shrimp listed in this NARs rules are not adequately State of Hawaii and between islands and final rule, is located approximately 558 preventing the introduction of watersheds within the State of Hawaii. ft (170 m) from a sandy beach nonnative freshwater fish into the Habitat-altering, nonnative plant species frequented by visitors who fish and anchialine pools within the NAR. (Factor A. The Present or Threatened swim. In addition, there are multiple On the basis of the above information, Destruction, Modification, or dirt roads that surround the pool, existing State and Federal regulatory Curtailment of Habitat or Range) and making it highly accessible. Plastic bags, mechanisms are not adequately predation by nonnative animal species paper, fishing line, water bottles, soda preventing the introduction of (Factor C. Disease or Predation) pose a cans, radios, barbed wire, and a bicycle nonnative species to Hawaii via major ongoing threat to the 13 plant have been documented within the pool interstate and international species and the picture-wing fly listed (Kensley and Williams 1986, pp. 417– mechanisms, or intrastate movement of in this final rule. 418; Bozanic 2004, p. 1; Wada 2010, in nonnative species between islands, and litt.). Physical trash can increase the Existing State and Federal regulatory watersheds in Hawaii, and thus do not accumulation of sediment in the pool adequately protect each of the 13 plant mechanisms do not provide adequate portion of Lua o Palahemo by plugging species and the picture-wing fly in this protection for the anchialine pool up the cracks and trapping sediments, final rule from the threat of new shrimp Vetericaris chaceorum, from the which subsequently negatively impacts introductions of nonnative species, or intentional dumping of trash and adequate water flushing. Also, physical from the continued expansion of introduction of nonnative fish into Lua trash can block the currently narrow nonnative species populations on and o Palahemo and the four pools at passage into the much larger water body between islands and watersheds. Manuka that support the anchialine in the lava tube below. The degree of Nonnative species prey upon species, pool shrimp (see Factor E. Other impact that trash imposes on a given modify or destroy habitat, or directly Natural or Manmade Factors Affecting anchialine pool habitat depends on the compete with one or more of these 14 Their Continued Existence). ratio between the size of the pool and species for food, space, and other As all 13 plant species and the the amount and type of trash (i.e., in a necessary resources. The impacts from smaller pool, the negative impacts of these introduced threats are ongoing picture-wing fly experience threats from trash on flushing would be greater and are expected to continue into the habitat degradation and loss by because of the reduced aquatic substrate future. nonnative plants (Factor A. The Present In addition, the existing regulatory or Threatened Destruction, area). Introduction of trash involving mechanisms do not provide adequate Modification, or Curtailment of Habitat chemical contamination into anchialine protection for the anchialine pool or Range), and all 15 species experience pools, as has been observed elsewhere shrimp, Vetericaris chaceorum, from the threats from nonnative animals on Hawaii Island (Brock 2004, pp. 15– intentional dumping of trash and (including nonnative fish) (Factor A. 16), will more drastically affect water introduction of nonnative fish into the The Present or Threatened Destruction, quality and result in local extirpation of pools that support this pool shrimp (at Modification, or Curtailment of Habitat hypogeal shrimp species. Biologists did Lua o Palahemo and Manuka NAR, see or Range and Factor C. Disease or not record an accumulation of trash in above) (see Factor E. Other Natural or Predation), we conclude the existing the pool during the December 2012 Manmade Factors Affecting Their regulatory mechanisms are inadequate survey (Wada 2012, in litt.). According Continued Existence, below). Existing to sufficiently reduce these threats to all to Sakihara, the pools at Manuka are regulatory mechanisms are therefore 15 species. threatened by nonnative species, trash, inadequate to ameliorate the threat of human waste, and physical alteration (at introductions of trash and nonnative Factor E. Other Natural or Manmade least one pool has been physically fish into the pools that support the Factors Affecting Their Continued altered by the public). Dumping of trash anchialine pool shrimp listed as Existence has not been observed at the four pools endangered in this final rule, and we that support V. chaceorum at Manuka, Other factors that pose threats to some have no evidence to suggest that any although trash dumping has been or all of the 15 species include dumping changes to these regulatory mechanisms documented in and around other are anticipated in the future. of trash and the introduction of anchialine pools at Manuka, including nonnative fish, small numbers of at Keawaiki, where this species has been Summary of Inadequacy of Existing populations and small population sizes, documented (Sakihara 2009, pp. 1, 21, Regulatory Mechanisms hybridization, lack of or declining 23, 25, 30). In addition, physical The State’s current management of regeneration, loss of host plants, and alteration (e.g., filling with trash such as nonnative game mammals is inadequate other activities. Each threat is discussed aluminum cans and paper by campers), to prevent the degradation and in detail below, along with has been reported in at least one destruction of habitat of the 13 plant identification of which species are anchialine pool at Keawaiki, although it species, the anchialine pool shrimp, and affected by these threats. has not been observed in the four pools

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that support V. chaceorum (Sakihara location, is far from regulatory oversight nonnative fish, which prey on and 2009, pp. 4, 23, 25). by the DHHL or the Hawaii State exclude native hypogeal shrimp like V. In general, the accidental or Deparment of Aquatic Resources (DAR). chaceorum or its associated prey shrimp intentional introduction and spread of According to Brock (2012, pers. comm.), species, would lead to the extirpation of nonnative fish (bait and aquarium fish) sometime in the 1980s, nonnative fish this species at one or both of its known is considered the greatest threat to were introduced into Lua o Palahemo. It locations, directly or indirectly due to anchialine pools in Hawaii (Brock 2004, is our understanding that the fish were the lower abundance of co-occurring p. 16). Maciolek (1983, p. 612) found subsequently removed with a fish shrimp species that provide food that the abundance of shrimp in a given poison, and to our knowledge the pool resources to V. chaceorum. In addition, population is indirectly related to currently remains free of nonnative fish. the loss of native shrimp species leads predation by fish. The release of The most commonly used piscicide (fish to changes in ecological succession in mosquito fish (Gambusia affinis) and pesticide) in the United States for anchialine pools, leading to senescence tilapia (Oreochromis mossambica management of fish in freshwater of the pool habitat, thereby rendering (synonym: Tilapia mossambica) into the systems is a naturally occurring the pool unsuitable habitat (Brock 2004, Waikoloa Anchialine Pond Preserve chemical, marketed as Rotenone. p. 16). Dumping of nonnative fish into (WAAPA) at Waikoloa, North Kona, Rotenone use in marine systems one or more of the three anchialine Hawaii, resulted in the infestation of all (including anchialine pools) is illegal pools at Manuka, which are believed to ponds within an approximately 3.2-ha according to the Environmental have a subterranean connection, would (8-ac) area, which represented Protection Agency (EPA 2007, pp. 22– impact the integrity of all three pools approximately two-thirds of the 23, 29, 32; Finlayson et al. 2010, p. 2). should nonnative fish spread from the WAAPA. Within 6 months, all native Three of the four pools that support pool of introduction to the other two hypogeal shrimp species disappeared Vetericaris chaceorum at Manuka are pools. Although not common, experts (Brock 2004, pp. iii). Nonnative fish located between 10 and 33 ft (3 and 10 agree that the dumping of nonnative fish drive anchialine species out of the m) from a jeep road that provides access can happen (Sakihara 2013, in litt.; lighted, higher productivity portion of to coastal fishing and recreational Wada 2013, pers. comm.). A fourth pool the pools, into the surrounding water locations frequented by the public that supports V. chaceorum is not table bedrock, subsequently leading to (Sakihara 2013, in litt.). The fourth pool believed to have a subterranean the decimation of the benthic is approximately 60 ft (18 m) from the connection to other pools at Manuka. community structure of the pool (Brock jeep road (Sakihara 2013, in litt.). The 2004, p. iii). In addition, nonnative fish pools are vulnerable to the intentional Recreational Use of Off-Road Vehicles prey on and exclude native hypogeal dumping of trash and introduction of Off-road vehicles frequent the area shrimp that are usually a dominant and nonnative fish because trash dumping surrounding the Lua o Palahemo essential (Brock 2004, p. 16) faunal has been documented in and around anchialine pool that supports one of the component of anchialine pool anchialine pools at Manuka, including two known occurrences of Vetericaris ecosystems (Bailey-Brock and Brock at Keawaiki, where this species has been chaceorum, resulting in increased 1993, pp. 338–355). The loss of the documented (Sakihara 2009, pp. 21, 25, erosion and accumulation of sediment, shrimp changes ecological succession 30), and nonnative freshwater poeciliids which negative impacts the anchialine by reducing herbivory of macroalgae, (fish in the Poeciliidae family and that pool habitat. The negative impacts from allowing an overgrowth and change of bear live young) have been introduced sedimentation are discussed under pool flora. This overgrowth changes the and established in at least one pool in Factor A. The Present or Threatened system from clear, well-flushed basins the Manuka pool complex (Sakihara Destruction, Modification, or to a system characterized by heavy 2012, in litt.). This pool is Curtailment of Habitat or Range, above sedimentation and poor water exchange, approximately 0.3 mi (0.5 km) from the (Richarson 2012, in litt.) which increases the rate of pool four pools that support V. chaceorum. Small Number of Individuals and senescence (Brock 2004, p. 16). Marine fish have been detected in the Populations Nonnative fish, unlike native fish, are same pool, and it is speculated that able to complete their life cycles within these fish were intentionally introduced Species that are endemic to single anchialine habitats, and remain a into the pool by fishermen (Sakihara islands are inherently more vulnerable permanent, detrimental presence in all 2012, in litt.). Recreational users utilize to extinction than are widespread pools into which they are introduced anchialine pools as ‘‘holding pools’’ for species, because of the increased risk of (Brock 2004, p. 16). In Hawaii, the most bait fish (e.g., nonnative freshwater fish genetic bottlenecks; random frequently illegally introduced fish are like tilapia, mosquito fish, and marine demographic fluctuations; climate in the Poeciliidae family (freshwater fish like aholehole (Kuhlia sp.) and change effects; and localized fish that bear live young) and include kupipi (blackspot sergeant; Abudefduf catastrophes, such as hurricanes, mosquito fish, various mollies (Poecilia sordidus)) used for fishing (Wada 2013, drought, rockfalls, landslides, and spp.), and tilapia, which prey on and in litt.). The impacts of native marine disease outbreaks (Pimm et al. 1988, p. exclude native hypogeal shrimp such as fish on V. chaceorum are unknown. In 757; Mangel and Tier 1994, p. 607). the herbivorous species upon which addition, the pools that support V. These problems are further magnified Vetericaris chaceorum presumably feed. chaceorum at Manuka are vulnerable to when populations are few and restricted Lua o Palahemo is highly accessible to intentional physical alteration because to a very small geographic area, and off-road vehicle traffic and located near at least one anchialine pool at Keawaiki when the number of individuals in each an area frequented by residents and (where this species has been population is very small. Populations visitors for fishing and other outdoor documented) has been altered, although with these characteristics face an recreational activities. The pool is pool alteration has not been observed in increased likelihood of stochastic vulnerable to the intentional dumping the four pools that support V. extinction due to changes in of trash and introduction of nonnative chaceorum (Sakihara 2009, p. 23). demography, the environment, genetics, fish (bait and aquarium fish) because the As the anchialine pool shrimp or other factors (Gilpin and Soule´ 1986, area is easily accessible to vehicles and Vetericaris chaceorum is only known pp. 24–34). Small, isolated populations human traffic, and yet due to its remote from two locations, the introduction of often exhibit reduced levels of genetic

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variability, which diminishes the due to low number of individuals, low (Daehler and Carino 2001, pp. 91–96; species’ capacity to adapt and respond population numbers, and small Bacon et al. 2011, p. 733). to environmental changes, thereby geographic ranges. We consider the Regeneration lessening the probability of long-term picture-wing fly vulnerable to extinction persistence (e.g., Barrett and Kohn 1991, due to threats associated with low Lack of, or low levels of, regeneration p. 4; Newman and Pilson 1997, p. 361). number of individuals and low number (reproduction and recruitment) in the Very small, isolated populations are also of populations because Drosophila wild has been observed, and is a threat more susceptible to reduced digressa is known from only two of its to, Pittosporum hawaiiense, Platydesma reproductive vigor due to ineffective five historically known locations. The remyi, and Pritchardia lanigera (Bio pollination (plants), inbreeding following threats to this species have all 2011, pers. comm.; Magnacca 2011b, depression (plants and shrimp), and been documented: Predation by pers. comm.). The reasons for this are hybridization (plants and flies). The nonnative wasps and ants; habitat not well understood: however, seed problems associated with small degradation and destruction by predation by rats, ungulates, and beetles population size and vulnerability to nonnative ungulates, fire, and drought; is thought to play a role (Bio 2011, pers. random demographic fluctuations or loss of its host plants; and competition comm.; Magnacca 2011b, pers. comm.; natural catastrophes are further with nonnative flies for its host plants Crysdale 2013, pers. comm.). In magnified by synergistic interactions (Science Panel 2005, pp. 1–23; addition, Cyanea tritomantha is with other threats, such as those Magnacca 2011b, pers. comm.). reported to produce few seeds with low discussed above (see Factor A. The viability. The reasons for this are Present or Threatened Destruction, Hybridization unknown (Bio 2008, in litt.). Modification, or Curtailment of Habitat Natural hybridization is a frequent Competition or Range and Factor C. Disease or phenomenon in plants and can lead to Competition with nonnative tipulid Predation, above). the formation of new species (Orians flies (large crane flies, family Tipulidae) Plants 2000, p. 1,949), or sometimes to the for larvae host plants adversely impacts decline of species through genetic A limited number of individuals the picture-wing fly listed in this final assimilation or ‘‘introgression’’ (fewer than 50 individuals) is a threat to rule. The Hawaiian Islands now support (Ellstrand 1992, pp. 77, 81; Levine et al. the following six plant species listed as several species of nonnative tipulid 1996, pp. 10–16; Rhymer and Simberloff endangered in this final rule: Bidens flies, and the larvae of some species 1996, p. 85). Hybridization, however, is hillebrandiana ssp. hillebrandiana, within this group feed within the especially problematic for rare species Cyanea marksii, Cyrtandra wagneri, decomposing bark of some of the host that come into contact with species that Platydesma remyi, Schiedea diffusa ssp. plants utilized by picture-wing flies, are abundant or more common (Rhymer macraei, and S. hawaiiensis. We including Cheirodendron, Clermontia, and Simberloff 1996, p. 83). We consider these species highly vulnerable Pleomele, and Charpentiera, one of the consider hybridization to be a threat to to extinction due to threats associated two host plants for Drosophila digressa three species, and potentially a threat to with small population size or small (Science Panel 2005, pp. 1–23; one more additional species in this final number of populations because: Magnacca 2005, in litt.). The effect of • The only known occurrences of rule because hybridization may lead to this competition is a reduction of Bidens hillebrandiana ssp. extinction of the original genotypically available host plant material for the hillebrandiana, Cyanea marksii, and distinct species. Hybrid swarms larvae of the picture-wing fly. In Cyrtandra wagneri are threatened either (hybrids between parent species, and laboratory studies, Grimaldi and Jaenike by landslides, rockfalls, inundation by subsequently formed progeny from (1984, pp. 1,113–1,120) demonstrated high surf, or erosion, or a combination crosses among hybrids and crosses of that competition between Drosophila of these, because of their locations in hybrids to parental species) have been larvae and other fly larvae can exhaust lowland wet, montane wet, coastal, and reported between the plant Bidens food resources, which affects both the dry cliff ecosystems. micrantha ssp. ctenophylla and B. probability of larval survival and the • Platydesma remyi is known from menziesii ssp. filiformis near body size of adults, resulting in reduced fewer than 40 scattered individuals Puuwaawaa in north Kona (Ganders and adult fitness, fecundity, and lifespan. (Stone et al. 1999, p. 1210; HBMP Nagata 1983, p. 12; Ganders and Nagata Both soldier and neriid flies have been 2010i). Declining or lack of regeneration 1999, p. 278); the plant Cyrtandra suggested to impose a similar threat to in the wild appears to threaten this nanawaleensis is known to hybridize Hawaiian picture-wing flies species. with C. lysiosepala in and around the (Montgomery 2005, in litt.; Science • Schiedea diffusa ssp. macraei is Nanawale FR (Price 2011, in litt.); and Panel 2005, pp. 1–23). Cyrtandra wagneri is reported to known from a single individual in the Loss of Host Plants Kohala Mountains (Perlman et al. 2001, hybridize with C. tintinnabula. Only in litt.; Wagner et al. 2005d, p. 106; eight individuals express the true Drosophila digressa is dependent on HBMP 2010j; Bio 2011, pers. comm.). phenotype of C. wagneri, and only three decaying stem bark from plants in the • Habitat destruction or direct of these individuals are reproducing genera Charpentiera and Pisonia for predation by ungulates, nonnative successfully (PEPP 2010, p. 102; Bio oviposition and larval development plants, drought, and fire are threats to 2011, pers. comm.). Native species can (Montgomery 1975, p. 95; Magnacca the 25 to 40 individuals of Schiedea also hybridize with related nonnative 2013, in litt.). Charpentiera and Pisonia hawaiiensis (Mitchell et al. 2005a; species. For example, native species of are considered highly susceptible to NDMC 2012—Online Archives). Pittosporum, including the plant damage from alien ungulates, such as Pittosporum hawaiiense, are known to pigs, cattle, mouflon, and goats, as well Animals exhibit high levels of gene flow, and as competition with nonnative plants Like most native island biota, the hybridization between native (e.g., Omalanthus populifolius, Schinus endemic anchialine pool shrimp and Pittosporum and nonnative species of terebinthifolius, and Psidium Hawaiian picture-wing fly are Pittosporum may occur when they cattleianum) (Foote and Carson 1995, particularly sensitive to disturbances occupy similar habitat and elevation pp. 370–37; Science Panel 2005, pp.

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1–23; Magnacca 2011b, pers. comm.; to implement are a step toward Cyrtandra wagneri, Platydesma remyi, Magnacca 2013, in litt.). Bark-breeding increasing the overall numbers and Schiedea diffusa ssp. macraei, and S. Drosophila species are sensitive to populations of PEPP species in the wild, hawaiiensis) because: (1) These species bottlenecks in host plant populations these actions are insufficient to may experience reduced reproductive due to their dependence on older, eliminate the threat of limited numbers vigor due to ineffective pollination or senescent, or dying plants (Magnacca et at this time. In addition, successful inbreeding depression; (2) they may al. 2008, p. 32). Altered decay cycles in reproduction and replacement of experience reduced levels of genetic host plants caused by genetic outplanted individuals by seedlings, variability, leading to diminished bottlenecks, or decreasing availability of juveniles, and adults has not yet been capacity to adapt and respond to host plants due to browsing and observed in the wild. We are unaware environmental changes, thereby trampling by nonnative ungulates (pigs, of any voluntary conservation actions to lessening the probability of long-term goats, cattle, and mouflon), competition address the threat to the picture-wing persistence; and (3) a single catastrophic with nonnative plants, drought, or other fly from low number of individuals. We event may result in extirpation of phenomena can subsequently alter the are unaware of any voluntary remaining populations and extinction of life cycle of the picture-wing fly by conservation actions to address the the species. This threat applies to the disrupting the early stages of threat to three plant species from entire range of each species. development. The habitat of Drosophila hybridization, the threat of lack of The threat to the picture-wing fly digressa at Manuka has experienced regeneration to four plant species, or the from limited numbers of individuals extreme to severe drought for several threats from competition with nonnative and populations is ongoing and is years, which has resulted in overall tipulid flies and the loss of host plants expected to continue into the future habitat degradation and appears to alter for the picture-wing fly. because: (1) This species may decay processes in the picture-wing fly experience reduced reproductive vigor Summary of Other Natural or Manmade host plants (both Charpentiera spp. and due to inbreeding depression; (2) it may Factors Affecting Their Continued Pisonia spp.). Magnacca (2013, in litt.) experience reduced levels of genetic Existence anticipates an alteration in host plant variability leading to diminished decay will lead to a long-term decline in The conservation measures described capacity to adapt and respond to availability of host plants that can above are insufficient to eliminate the environmental changes, thereby support the life-history requirements of threat from other natural or manmade lessening the probability of long-term D. digressa (see ‘‘Habitat Destruction factors to each of the 15 species listed persistence; (3) a single catastrophic and Modification Due to Rockfalls, as endangered in this final rule. We event (e.g., hurricane, drought) may Treefalls, Landslides, Heavy Rain, consider the threats from dumping of result in extirpation of remaining Inundation by High Surf, Erosion, and trash and introduction of nonnative fish populations and extinction of this Drought,’’ above). In addition, predation into the pools that support the species; and (4) species with few known by nonnative beetles (the branch and anchialine pool shrimp in this final rule locations, such as Drosophila digressa, twig borer (Amphicerus cornutus), the to be serious threats that can occur at are less resilient to threats that might black twig borer (Xylosandrus any time, although their occurrence is otherwise have a relatively minor compactus), and weevils (Oxydema not predictable. The use of anchialine impact on widely distributed species. fusiforme) has been documented as a pools for dumping of trash and For example, the reduced availability of threat to Charpentiera spp. (Medeiros et introduction of nonnative fish are host trees or an increase in predation of al. 1986, p. 29; Giffin 2009, p. 81). widespread practices in Hawaii and can the picture-wing fly adults that might be occur at any time at the Lua o Palahemo absorbed in a widely distributed species Conservation Efforts To Reduce Other and Manuka pools. Nonnative fish prey could result in a significant decrease in Natural or Manmade Factors Affecting on or outcompete native, herbivorous survivorship or reproduction of a Their Continued Existence anchialine pool shrimp that serve as the species with limited distribution. The There are no approved HCPs, CCAs, prey base for predatory species of limited distribution of this species thus SHAs, MOUs, or other voluntary actions shrimp, including the anchialine pool magnifies the severity of the impact of that specifically address these 15 shrimp listed as endangered in this rule. the other threats discussed in this final species and the threats from other In addition, recreational use of off-road rule. natural or manmade factors. We are vehicles that frequent Lua o Palahemo The threat from hybridization is unaware of any voluntary conservation are a threat to the shrimp, due to the unpredictable but an ongoing and ever- actions to address the threat of dumping resulting erosion and sedimentation that present threat to Bidens micrantha ssp. of trash and introduction of nonnative builds up in the pool (for impacts ctenophylla, Cyrtandra nanawaleensis, fish into anchialine pools that support associated with sedimentation, see and Cyrtandra wagneri, and a potential the anchialine pool shrimp, Vetericaris Factor A. The Present or Threatened threat to Pittosporum hawaiiense. We chaceorum, which is listed as Destruction, Modification, or consider the threat to Cyanea endangered in this final rule. The State’s Curtailment of Habitat or Range, above; tritomantha, Pittosporum hawaiiense, PEP Program identified 8 of the 13 plant and for impacts associated with off-road Platydesma remyi, and Pritchardia species (Cyanea marksii, Cyrtandra vehicles, see Factor E. Other Natural or lanigera from lack of regeneration to be wagneri, Phyllostegia floribunda, Manmade Factors Affecting Their ongoing and to continue into the future Pittosporum hawaiiense, Platydesma Continued Existence, above). The because the reasons for the lack of remyi, Schiedea diffusa ssp. macraei, S. occurrence of off-road vehicle traffic is recruitment in the wild are unknown hawaiiensis, and Stenogyne cranwelliae) not predictable; however, it happens and uncontrolled, and any competition in this final rule as priority species for frequently and is expected to continue. from nonnative plants or habitat collection, propagation, and We consider the threat from limited modification by ungulates or fire could outplanting; however, due to other number of populations and few (less lead to the extirpation of these species. workload priorities and limited funding, than 50) individuals to be a serious and Competition for host plants with they have not been able to carry out all ongoing threat to 6 plant species in this nonnative tipulid flies is a threat to of these actions (PEPP 2012, pp. 1–169). final rule (Bidens hillebrandiana ssp. Drosophila digressa and is expected to While the actions they have been able hillebrandiana, Cyanea marksii, continue into the future because field

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biologists report that these nonnative destruction and modification from fire from hybridization; to Cyanea flies are widespread and there is no is a threat to three of the plant species tritomantha, Pittosporum hawaiiense, mechanism in place to control their (Bidens micrantha ssp. ctenophylla, Platydesma remyi, and Pritchardia population growth. Loss of host plants Phyllostegia floribunda, and Schiedea lanigera from the lack of regeneration in (Charpentiera spp. and Pisonia spp.) is hawaiiensis) and the picture-wing fly the wild; and to the picture-wing fly a threat to the picture-wing fly, and we Drosophila digressa. Destruction and from competition for host plants with consider this threat to continue into the modification of habitat from rockfalls, nonnative flies and declining numbers future because field biologists have landslides, treefalls, heavy rain, of host plants (Factor E) (see Table 3). reported that species of Charpentiera inundation by high surf, and subsequent The anchialine pool shrimp faces and Pisonia are declining overall in the erosion are a threat to four plant species threats from the intentional dumping of wild (see Factor A. The Present or (Bidens hillebrandiana ssp. trash and introduction of nonnative fish Threatened Destruction, Modification, hillebrandiana, Cyanea marksii, Cyanea into its pool habitat in the two known or Curtailment of Habitat or Range and tritomantha, and Cyrtandra wagneri). locations. In addition, the pools that Factor C. Disease or Predation, above). Habitat loss or degradation due to support Vetericaris chaceorum at Lua o drought is a threat to two plants, Bidens Palahemo are potentially vulnerable to Summary of Factors micrantha ssp. ctenophylla and intentional physical alteration (i.e., The primary factors that pose serious Schiedea hawaiiensis, as well as to the sedimentation) (Bailey-Brock and Brock and ongoing threats to one or more of picture-wing fly. We are concerned 1993, pp. 338–355; Brock 2004, pp. iii the 15 species throughout their ranges about the effects of projected climate and 16) (Factor E) (see Table 3). in this final rule include: Habitat change on all 15 species, particularly These threats are exacerbated by these degradation and destruction by rising temperatures, but recognize there species’ inherent vulnerability to agriculture and urbanization, nonnative is limited information on the exact extinction from stochastic events at any ungulates and plants, fire, natural nature of impacts that these species may time because of their endemism, small disasters, sedimentation, and potentially experience. numbers of individuals and climate change, and the interaction of We find that the anchialine pool populations, and restricted habitats. these threats (Factor A); overutilization shrimp faces threats that are ongoing The Act defines an endangered due to collection of seeds and seedlings and expected to continue into the future species as any species that is ‘‘in danger of the plant Pritchardia lanigera for from the present destruction and of extinction throughout all or a trade or market (Factor B); predation by modification of its anchialine pool significant portion of its range’’ and a nonnative animal species (pigs, goats, habitat at Lua o Palahemo, one of only threatened species as any species ‘‘that sheep, mouflon sheep, cattle, rats, two known locations for this species, is likely to become endangered nonnative fish, slugs, wasps, ants, two- due to sedimentation resulting from throughout all or a significant portion of spotted leaf hopper, and beetles) (Factor degradation of the immediate area its range within the foreseeable future.’’ C); inadequate regulatory mechanisms surrounding this anchialine pool from We find that each of these 15 endemic to address nonnative species, and nonnative feral ungulates (cattle and species is presently in danger of human dumping of nonnative fish and goats). Sedimentation reduces both food extinction throughout its entire range, trash into anchialine pools (Factor D); productivity and the ability of Lua o based on the severity and scope of the and dumping of trash, introduction of Palahemo to support the anchialine pool ongoing and projected threats described nonnative fish, recreational use, limited shrimp (Factor A). above. These threats are exacerbated by numbers of populations and Overcollection for commercial and small population sizes, the loss of individuals, hybridization, lack of recreational purposes poses a threat to redundancy and resiliency of these regeneration, competition, and loss of Pritchardia lanigera (Factor B). species, and the continued inadequacy host plants (Factor E). While we Predation and herbivory on all 13 of existing protective regulations. Based acknowledge the voluntary conservation plant species by feral pigs, goats, cattle, on our analysis, we have no reason to measures described above may help to sheep, mouflon, rats, slugs, two-spotted believe that population trends for any of ameliorate one or more of the threats to leaf hoppers, or beetles poses a serious the species that are the subjects of this the 15 species listed as endangered in and ongoing threat, as does predation of final rule will improve, nor will the this final rule, these conservation the picture-wing fly by nonnative wasps negative impacts of current threats measures are insufficient to control or and ants (Factor C). acting on the species be effectively eradicate these threats from all areas Existing regulatory mechanisms are ameliorated in the future. Therefore, on where these species occur now or inadequate to reduce current and the basis of the best available scientific occurred historically. ongoing threats posed by nonnative and commercial information, we are plants and animals to all 15 species, and listing the following 15 species as Determination human dumping of nonnative fish and endangered species in accordance with We have carefully assessed the best trash into the anchialine pools that section 3(6) of the Act: The plants scientific and commercial information support the anchialine pool shrimp Bidens hillebrandiana ssp. available regarding threats to each of the Vetericaris chaceorum (Factor D). hillebrandiana, Bidens micrantha ssp. 15 species. We find that each of the 13 There are serious and ongoing threats ctenophylla, Cyanea marksii, Cyanea plant species and the picture-wing fly to six plant species (Bidens tritomantha, Cyrtandra nanawaleensis, face threats that are ongoing and hillebrandiana ssp. hillebrandiana, Cyrtandra wagneri, Phyllostegia expected to continue into the future Cyanea marksii, Cyrtandra wagneri, floribunda, Pittosporum hawaiiense, throughout their ranges from the present Platydesma remyi, Schiedea diffusa ssp. Platydesma remyi, Pritchardia lanigera, destruction and modification of their macraei, and S. hawaiiensis) and the Schiedea diffusa ssp. macraei, Schiedea habitats from nonnative feral ungulates picture-wing fly due to factors hawaiiensis, and Stenogyne cranwelliae; and nonnative plants (Factor A). associated with small numbers of the anchialine pool shrimp, Vetericaris Destruction and modification of habitat populations and individuals; to Bidens chaceorum; and the picture-wing fly, by development and urbanization is a micrantha ssp. ctenophylla, Cyrtandra Drosophila digressa. threat to one plant species (Bidens nanawaleensis, Cyrtandra wagneri, and Under the Act and our implementing micrantha ssp. ctenophylla). Habitat potentially to Pittosporum hawaiiense regulations, a species may warrant

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listing if it is endangered or threatened measurable criteria that help to cooperation provision of the Act are throughout all or a significant portion of determine when a species may be codified at 50 CFR part 402. Section its range. Each of the 15 Hawaii Island downlisted or delisted, and methods for 7(a)(1) of the Act mandates that all species listed as endangered in this final monitoring recovery progress. Recovery Federal agencies shall utilize their rule is highly restricted in its range, and plans also establish a framework for authorities in furtherance of the the threats occur throughout its range. agencies to coordinate their recovery purposes of the Act by carrying out Therefore, we assessed the status of efforts and provide estimates of the cost programs for the conservation of each species throughout its entire range. of implementing recovery tasks. endangered and threatened species In each case, the threats to the survival Recovery teams (comprised of species listed pursuant to section 4 of the Act. of these species occur throughout the experts, Federal and State agencies, Section 7(a)(2) of the Act requires species’ ranges and are not restricted to nongovernmental organizations, and Federal agencies to ensure that activities any particular portion of those ranges. stakeholders) are often established to they authorize, fund, or carry out are not Accordingly, our assessment and develop recovery plans. When likely to jeopardize the continued determination applies to each species completed, the recovery outlines, draft existence of a listed species or result in throughout its entire range. recovery plans, and the final recovery destruction or adverse modification of plans will be available from our Web Available Conservation Measures critical habitat. If a Federal action may site (http://www.fws.gov/endangered), affect the continued existence of a listed Conservation measures provided to or from our Pacific Islands Fish and species or its critical habitat, the species listed as endangered or Wildlife Office (see FOR FURTHER responsible Federal agency must enter threatened under the Act include INFORMATION CONTACT). into consultation with the Service. recognition, recovery actions, Implementation of recovery actions For the 15 plants and animals listed requirements for Federal protection, and generally requires the participation of a as endangered species in this final rule, prohibitions against certain activities. broad range of partners, including other Federal agency actions that may require Recognition through listing results in Federal agencies, States, consultation as described in the public awareness and conservation by nongovernmental organizations, preceding paragraph include, but are Federal, State, and local agencies: businesses, and private landowners. not limited to, actions within the Private organizations; and individuals. Examples of recovery actions include jurisdiction of the Natural Resources The Act encourages cooperation with habitat restoration (e.g., restoration of Conservation Service, the U.S. Army the States and requires that recovery native vegetation), research, captive Corps of Engineers, the U.S. Fish and actions be carried out for all listed propagation and reintroduction, and Wildlife Service, and branches of the species. The protection measures outreach and education. The recovery of Department of Defense (DOD). Examples required of Federal agencies and the many listed species cannot be of these types of actions include prohibitions against certain activities accomplished solely on Federal lands activities funded or authorized under involving listed animals and plants are because their range may occur primarily the Farm Bill Program, Environmental discussed, in part, below. or solely on non-Federal lands. To Quality Incentives Program, Ground and The primary purpose of the Act is the achieve recovery of these species Surface Water Conservation Program, conservation of endangered and requires cooperative conservation efforts Clean Water Act (33 U.S.C. 1251 et seq.), threatened species and the ecosystems on private and State lands. upon which they depend. The ultimate Funding for recovery actions may be Partners for Fish and Wildlife Program, goal of such conservation efforts is the available from a variety of sources, and DOD construction activities related recovery of these listed species, so that including Federal budgets, State to training or other military missions. they no longer need the protective programs, and cost share grants for non- The Act and its implementing measures of the Act. Subsection 4(f) of Federal landowners, the academic regulations set forth a series of general the Act requires the Service to develop community, and nongovernmental prohibitions and exceptions that apply and implement recovery plans for the organizations. In addition, under section to all endangered wildlife and plants. conservation of endangered and 6 of the Act, the State of Hawaii will be The prohibitions, codified at 50 CFR threatened species. The recovery eligible for Federal funds to implement 17.21 for wildlife and 17.61 for plants, planning process involves the management actions that promote the apply. These prohibitions, in part, make identification of actions that are protection and recovery of the 15 it illegal for any person subject to the necessary to halt or reverse the species’ species. Information on our grant jurisdiction of the United States to take decline by addressing the threats to its programs that are available to aid (includes harass, harm, pursue, hunt, survival and recovery. The goal of this species recovery can be found at: shoot, wound, kill, trap, capture, or process is to restore listed species to a http://www.fws.gov/grants. collect; or to attempt any of these), point where they are secure, self- Please let us know if you are import, export, ship in interstate sustaining, and functioning components interested in participating in recovery commerce in the course of commercial of their ecosystems. efforts for these species. Additionally, activity, or sell or offer for sale in Recovery planning includes the we invite you to submit any new interstate or foreign commerce any development of a recovery outline information on these species whenever listed wildlife species. It is also illegal shortly after a species is listed, it becomes available and any to possess, sell, deliver, carry, transport, preparation of a draft and final recovery information you may have for recovery or ship any such wildlife that has been plan, and revisions to the plan as planning purposes (see FOR FURTHER taken illegally. In addition, for plants significant new information becomes INFORMATION CONTACT). listed as endangered, the Act prohibits available. The recovery outline guides Section 7(a) of the Act, as amended, the malicious damage or destruction on the immediate implementation of urgent requires Federal agencies to evaluate areas under Federal jurisdiction and the recovery actions and describes the their actions with respect to any species removal, cutting, digging up, or process to be used to develop a recovery that is proposed or listed as endangered damaging or destroying of such plants plan. The recovery plan identifies site- or threatened with respect to its critical in knowing violation of any State law or specific management actions that will habitat, if any is designated. Regulations regulation, including State criminal achieve recovery of the species, implementing this interagency trespass law. Certain exceptions to the

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prohibitions apply to agents of the patterns. This may include introduction National Environmental Policy Act Service and State conservation agencies. of nonnative species that compete with (NEPA; 42 U.S.C. 4321 et seq.), need not We may issue permits to carry out or prey upon the picture-wing fly or be prepared in connection with listing otherwise prohibited activities anchialine pool shrimp, or the a species as an endangered or involving endangered or threatened unauthorized release of biological threatened species under the wildlife or plant species under certain control agents that attack any life stage Endangered Species Act. We published circumstances. Regulations governing of these two species; and a notice outlining our reasons for this permits are codified at 50 CFR 17.22 (3) Damaging or destroying any of the determination in the Federal Register and 17.62 for endangered wildlife and 13 listed plants in violation of the on October 25, 1983 (48 FR 49244). plants, respectively. With regard to Hawaii State law prohibiting take of References Cited endangered wildlife, a permit must be listed species. issued for the following purposes: For Questions regarding whether specific A complete list of references cited in scientific purposes, to enhance the activities would constitute a violation of this rule is available on the Internet at propagation and survival of the species, section 9 of the Act should be directed http://www.regulations.gov under and for incidental take in connection to the Pacific Islands Fish and Wildlife Docket No. FWS–R1–ES–2012–0070 and with otherwise lawful activities. For Office (see FOR FURTHER INFORMATION upon request from the Pacific Islands endangered plants, a permit must be CONTACT). Requests for copies of the Fish and Wildlife Office (see issued for scientific purposes or for the regulations concerning listed animals ADDRESSES, above). enhancement of propagation or survival. and general inquiries regarding Authors Requests for copies of the regulations prohibitions and permits may be regarding listed species and inquiries addressed to the U.S. Fish and Wildlife The primary authors of this final rule about prohibitions and permits may be Service, Pacific Region, Ecological are the staff members of the Pacific addressed to U.S. Fish and Wildlife Services, Endangered Species Permits, Islands Fish and Wildlife Office. Eastside Federal Complex, 911 NE. 11th Service, Pacific Region, Ecological List of Subjects in 50 CFR Part 17 Services, Eastside Federal Complex, 911 Avenue, Portland, OR 97232–4181 NE. 11th Avenue, Portland, OR 97232– (telephone 503–231–6131; facsimile Endangered and threatened species, 4181 (telephone 503–231–6131; 503–231–6243). Exports, Imports, Reporting and facsimile 503–231–6243). Federal listing of the 15 species recordkeeping requirements, It is our policy, as published in the included in this rule automatically Transportation. invokes State listing under Hawaii’s Federal Register on July 1, 1994 (59 FR Regulation Promulgation 34272), to identify to the maximum Endangered Species law (H.R.S. 195D extent practicable at the time a species 1–32) and supplements the protection Accordingly, we amend part 17, is listed, those activities that would or available under other State laws. These subchapter B of chapter I, title 50 of the would not constitute a violation of protections prohibit take of these Code of Federal Regulations, as set forth section 9 of the Act. The intent of this species and encourage conservation by below: policy is to increase public awareness of State government agencies. Further, the the effect of a listing on proposed and State may enter into agreements with PART 17—AMENDED ongoing activities within the range of Federal agencies to administer and ■ 1. The authority citation for part 17 listed species. The following activities manage any area required for the continues to read as follows: could potentially result in a violation of conservation, management, section 9 of the Act; however, this list enhancement, or protection of Authority: 16 U.S.C. 1361–1407; 1531– is not comprehensive: endangered species (H.R.S. 195D–5). 1544; 4201–4245, unless otherwise noted. Funds for these activities could be made (1) Unauthorized collecting, handling, ■ 2. Amend § 17.11(h), the List of available under section 6 of the Act possessing, selling, delivering, carrying, Endangered and Threatened Wildlife, as (Cooperation with the States). Thus, the or transporting of the species, including follows: Federal protection afforded to these import or export across State lines and ■ a. By adding an entry for ‘‘Fly, species by listing them as endangered international boundaries, except for Hawaiian picture-wing’’ in alphabetical species is reinforced and supplemented properly documented antique order under INSECTS; and by protection under State law. specimens of these taxa at least 100 ■ b. By adding an entry for the ‘‘Shrimp, years old, as defined by section 10(h)(1) Required Determinations anchialine pool’’ in alphabetical order of the Act; National Environmental Policy Act under CRUSTACEANS, to read as set (2) Activities that take or harm the forth below. picture-wing fly or anchialine pool (NEPA) shrimp by causing significant habitat We have determined that § 17.11 Endangered and threatened modification or degradation such that it environmental assessments and wildlife. causes actual injury by significantly environmental impact statements, as * * * * * impairing its essential behavior defined under the authority of the (h) * * *

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

******* INSECTS

******* Fly, Hawaiian pic- Drosophila digressa U.S.A. (HI) ...... Entire ...... E 818 NA NA ture-wing.

******* CRUSTACEANS

******* Shrimp, anchialine Vetericaris U.S.A. (HI) ...... Entire ...... E 818 NA NA pool. chaceorum.

*******

■ 3. Amend § 17.12(h), the List of Bidens micrantha ssp. ctenophylla, ssp. macraei, Schiedea hawaiiensis, and Endangered and Threatened Plants, as Cyanea marksii, Cyanea tritomantha, Stenogyne cranwelliae, in alphabetical follows: Cyrtandra nanawaleensis, Cyrtandra order under FLOWERING PLANTS, to ■ a. By removing the entry for wagneri, Mezoneuron kavaiense, read as set forth below. Caesalpinia kavaiense under Phyllostegia floribunda, Pittosporum § 17.12 Endangered and threatened plants. FLOWERING PLANTS; and hawaiiense, Platydesma remyi, ■ b. By adding entries for Bidens Pritchardia lanigera, Schiedea diffusa * * * * * hillebrandiana ssp. hillebrandiana, (h) * * *

Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules

FLOWERING PLANTS.

******* Bidens Kookoolau ...... U.S.A. (HI) ...... Asteraceae ...... E 818 NA NA hillebrandiana ssp. hillebrandiana. Bidens micrantha Kookoolau ...... U.S.A. (HI) ...... Asteraceae ...... E 818 NA NA ssp. ctenophylla.

******* Cyanea marksii ...... Haha ...... U.S.A. (HI) ...... Campanulaceae ..... E 818 NA NA

******* Cyanea tritomantha Aku ...... U.S.A. (HI) ...... Campanulaceae ..... E 818 NA NA

******* Cyrtandra Haiwale ...... U.S.A. (HI) ...... Gesneriaceae ...... E 818 NA NA nanawaleensis.

******* Cyrtandra wagneri ... Haiwale ...... U.S.A. (HI) ...... Gesneriaceae ...... E 818 NA NA

******* Mezoneuron Uhi uhi ...... U.S.A. (HI) ...... Fabaceae ...... E 238 NA NA kavaiense.

******* Phyllostegia flori- None ...... U.S.A. (HI) ...... Lamiaceae ...... E 818 NA NA bunda.

******* Pittosporum Hoawa, haawa ...... U.S.A. (HI) ...... Pittosporaceae ...... E 818 NA NA hawaiiense.

******* Platydesma remyi .... None ...... U.S.A. (HI) ...... Rutaceae ...... E 818 NA NA

******* Pritchardia lanigera .. Loulu ...... U.S.A. (HI) ...... Arecaceae ...... E 818 NA NA

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Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules

******* Schiedea diffusa None ...... U.S.A. (HI) ...... Caryophyllaceae ..... E 818 NA NA ssp. macraei.

******* Schiedea None ...... U.S.A. (HI) ...... Caryophyllaceae ..... E 818 NA NA hawaiiensis.

******* Stenogyne None ...... U.S.A. (HI) ...... Lamiaceae ...... E 818 NA NA cranwelliae.

*******

* * * * * Dated: September 3, 2013. Rowan W. Gould, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2013–24103 Filed 10–28–13; 8:45 am] BILLING CODE 4310–55–P

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