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DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: exist on public lands managed for fish and wildlife conservation. Fish and Wildlife Service Executive Summary • The threat of harassment and Why we need to publish a rule. Under shooting of Hawaiian hawks may exist 50 CFR Part 17 the Act, a may be added to the as noted in the recovery plan; however, [Docket No. FWS–R1–ES–2007–0024; Lists of Endangered and Threatened we do not find this a significant threat. 92220–1113–0000–C6] Wildlife and Plants (Lists) if it is The Hawaiian hawk has retained a endangered or threatened throughout all stable population over decades and RIN 1018–AU96 or a significant portion of its range. there is much public support for protecting Hawaiian hawks for cultural Endangered and Threatened Wildlife Adding a species to the Lists (‘‘listing’’) reasons because it is widely recognized and Plants; Removing the Hawaiian or removing a species from the Lists as an aumakua or familial guardian Hawk From the Federal List of (‘‘delisting’’) can only be accomplished by issuing a rule. spirit in Hawaiian culture. Endangered and Threatened Wildlife • What this document does. This rule Studies have shown that Hawaiian AGENCY: Fish and Wildlife Service, removes the Hawaiian hawk (io, hawks are not threatened by Interior. solitarius) from the Federal List of from , mongooses, or cats, nor are ACTION: Final rule. Endangered and Threatened Wildlife. they threatened by diseases (i.e., This rule also makes available the final avian malaria, and avian pox) or SUMMARY: Under the authority of the environmental contaminants. post-delisting monitoring plan for the • Endangered Species Act of 1973, as Hawaiian hawk. We do not consider effects related to climate change to be a substantial amended (Act), we, the U.S. Fish and Basis for our action. Under the Act, threat to the species at this time, and we Wildlife Service (Service), are removing we can determine that a species is an do not expect climate change effects to the Hawaiian hawk (io) (Buteo endangered or threatened species based rise to the magnitude or severity such solitarius) from the Federal List of on any of five factors: (A) The present that the species will be likely to become Endangered and Threatened Wildlife. or threatened destruction, modification, This determination is based on a an endangered species within the or curtailment of its habitat or range; (B) foreseeable future. While we recognize thorough review of the best available overutilization for commercial, scientific and commercial data, that climate change effects, such as recreational, scientific, or educational rising ambient atmospheric temperature, including comments received, which purposes; (C) disease or predation; (D) indicates the Hawaiian hawk no longer increased drought, intensified the inadequacy of existing regulatory hurricanes, and shift in native and meets the definition of an endangered mechanisms; or (E) other natural or species or a threatened species under nonnative species’ ranges, may have manmade factors affecting its continued potential effects on Hawaiian hawks and the Act. Our review of the status of this existence. We may delist a species if the species shows that the rangewide their habitat, the best available best scientific and commercial data information does not indicate that such population estimates have been stable indicate the species is neither for at least 30 years, and that the species effects will significantly impact endangered nor threatened. We have Hawaiian hawks or the habitat upon is not currently, nor is likely to become determined that the Hawaiian hawk has again, an endangered species within the which they depend, now or in the recovered and no longer meets the foreseeable future. We expect that the foreseeable future in all or a significant definition of an endangered species or a portion of its range. Hawaiian hawk’s susceptibility to threatened species under the Act. climate change effects is low into the DATES: This rule is effective February 3, Threats to the Hawaiian hawk 2020. foreseeable future given the range and identified at the time of listing in 1967 diversity of habitats occupied by the ADDRESSES: This final rule and the post- included low number of individuals and species, the adaptability of the species, delisting monitoring plan are available loss and degradation of habitat. We and its resistance to bird diseases such on the internet at http:// reviewed all available scientific and as avian malaria and avian pox virus. www.regulations.gov under Docket No. commercial information pertaining to The species’ resistance to bird diseases FWS–R1–ES–2007–0024. Comments, the five factors in our status review of is important because studies show that materials received, and supporting the hawk, and the results are the range of mosquitos (the vectors of documentation used in preparation of summarized below. avian malaria), which is currently this final rule will be available for • We consider the Hawaiian hawk not limited to lower, warmer elevations, public inspection, by appointment, threatened by a low number of will expand to higher elevations due to during normal business hours, at the individuals, habitat loss, or degradation increased temperatures associated with Service’s Pacific Islands Fish and because this hawk has a stable climate change. Wildlife Office, 300 Ala Moana population, estimated at approximately • We do not consider rapid ohia Boulevard, Room 3–122, , HI 3,000 individuals. The population is death (ROD) to be a substantial threat to 96850. well distributed in both native and the Hawaiian hawk at this time, and we FOR FURTHER INFORMATION CONTACT: nonnative habitat from sea level to 8,530 do not expect the impacts from ROD to Katherine Mullett, Acting Field feet (2,600 meters) elevation across the rise to the magnitude or severity such Supervisor, telephone: 808–792–9400. island of Hawaii. At the time of listing that the species will be likely to become Direct all questions or requests for it was thought that only several hundred an endangered species within the additional information to: U.S. Fish and Hawaiian hawks were in existence, and foreseeable future. While we recognize Wildlife Service, Pacific Islands Fish that they depended solely on native that ROD is a threat to the integrity of and Wildlife Office, 300 Ala Moana habitat. Since then, studies have shown native ohia forests and species solely Boulevard, Room 3–122, Honolulu, HI that Hawaiian hawks nest, breed, and dependent on ohia trees, Hawaiian 96850. Persons who use a feed in both native and nonnative hawks are not solely dependent on telecommunications device for the deaf habitats, and eat a variety of nonnative native forests and are highly adaptable. (TDD) may call the Federal Relay prey (e.g., rats, and mongooses). We believe it is reasonable to conclude Service at 800–877–8339. Additionally, many Hawaiian hawks that the Hawaiian hawk will likely

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adapt to future changes and maintain expressed concerns that the population in the population, the range was not viability into the foreseeable future. data used in the proposal were not contracting, and that Hawaiian hawks Additionally, there is more forested area current and that the hawk’s breeding occurred in both native and nonnative on the island of Hawaii than in the success was insufficiently known to habitats. The results prompted the recent past. There are increased warrant reclassification. Based on these Service to publish a proposed rule to reforestation and conservation efforts, comments, the Service funded an delist the Hawaiian hawk, due to and the timber industry is shifting from island-wide survey in 1993 to provide a recovery and new information, on nonnative to native trees, as well as contemporary rangewide assessment of August 6, 2008 (73 FR 45680), with a using harvesting techniques that are the distribution and population status of 60-day comment period that closed more Hawaiian hawk and forest bird the hawk, which determined the October 6, 2008. This proposed rule friendly. Hawaiian hawk population to be constituted our 90-day finding and 12- Therefore, we find that delisting the between 1,200 and 2,400 month finding on the February 3, 1997, Hawaiian hawk is warranted, and we (Morrison et al. 1994, p. 23; Hall et al. National Wilderness Institute’s petition. are removing this taxon from the 1997, pp. 13–14). The decision The proposed delisting was based on Federal List of Endangered and regarding whether or not to reclassify rangewide population estimates (Griffin Threatened Wildlife. We prepared a the Hawaiian hawk from endangered to 1985, entire; Hall et al. 1997, entire; final post-delisting monitoring plan to threatened status was postponed. Klavitter et al. 2003, entire; Gorresen et monitor the Hawaiian hawk after On February 3, 1997, the Service al. 2008, entire) and demographic delisting to verify that the species received a petition from the National modeling (Klavitter et al. 2003, entire). remains secure. Wilderness Institute to delist the The Service reopened the comment Peer review and public comment. We Hawaiian hawk, and we responded to period for the August 6, 2008, proposed sought comments on the proposed that petition in a letter dated June 19, delisting rule and made available a draft delisting rule from independent 1998, indicating that we could not post-delisting monitoring plan (draft specialists to ensure that this rule is immediately work on the petition due to PDM plan) for the Hawaiian hawk on based on scientifically sound data, higher priority listing and delisting February 11, 2009 (74 FR 6853); the assumptions, and analyses. We also actions. Also in 1997, the Service reopened comment period lasted 60 considered all comments and formed the Io Recovery Working Group days, ending April 13, 2009 (USFWS information we received during all (IRWG), the mission of which was to 2008, entire). We again reopened the comment periods. provide advice on aspects of the proposed rule’s comment period, and Previous Federal Actions recovery of the Hawaiian hawk. published a schedule of public hearings Following its first meeting in December on the proposed rule, on June 5, 2009 The Hawaiian hawk was added to the 1997, the IRWG forwarded a report to (74 FR 27004); this reopened comment U.S. Department of the Interior’s list of the Service, in which they period also lasted 60 days, ending endangered species on March 11, 1967 recommended that, rather than focusing August 4, 2009. We held public hearings (32 FR 4001), in accordance with primarily on abundance to assess the on June 30, 2009, in Hilo, Hawaii, and section 1(c) of the Endangered Species Hawaiian hawk’s overall status, field on July 1, 2009, in Captain Cook, Preservation Act of October 15, 1966 (80 studies should look at hawk numbers in Hawaii. Stat. 926; 16 U.S.C. 668aa(c)). Its status combination with trends (IRWG 1998, p. We subsequently reopened the as an endangered species was retained 4). proposed rule’s comment period twice: under the Endangered Species Act of The Service funded a detailed On February 12, 2014, we reopened the 1973, as amended (Act; 16 U.S.C. 1531 ecological and demographic study of the proposed rule’s comment period for a et seq.). A final recovery plan for the Hawaiian hawk and an island-wide third time (79 FR 8413), with a 60-day Hawaiian hawk was completed in 1984 survey in 1998–1999 (Klavitter 2000, comment period that closed on April 14, (USFWS 1984). entire). Upon review of the study results 2014; and on October 30, 2018, we The Service published a proposed (Klavitter 2000, entire) and other reopened the proposed rule’s comment rule to reclassify the Hawaiian hawk existing information, the IRWG period for a fourth time (83 FR 54561), from endangered to threatened on recommended that the Hawaiian hawk with a 30-day comment period that August 5, 1993 (58 FR 41684), based on be delisted due to the lack of evidence closed on November 29, 2018. a population estimate suggesting the of a decline in numbers, survival rates, In total, we accepted public number of Hawaiian hawks had or productivity, and lack of evidence of comments on the proposed delisting of increased from the low hundreds current substantial loss or degradation the Hawaiian hawk for 270 days. reported at the time of listing (Griffin of preferred nesting or foraging habitats Summary of Changes From the 1985, p. 25) to between 1,400 and 2,500 (IRWG 2001, p. 3). The IRWG identified Proposed Rule birds. New research had shown that nesting and foraging habitat loss as a although there was extensive potential significant threat to the species In preparing this final rule, we destruction of native forests, and and recommended that regular reviewed and fully considered all therefore a reduction in quality of population and habitat monitoring take comments we received during all five available native habitat (USFWS 1984, place to assess factors that may produce comment periods from the peer pp. 10–11), the Hawaiian hawk had future declines (IRWG 2001, p. 2). reviewers, State, and public on the adapted to occupy, and nest in, The Service funded a third island- proposed delisting rule. We have not nonnative forests and had exploited wide survey of Hawaiian hawks that made substantive changes in this final nonnative prey species (Berger 1981, p. was completed in the summer of 2007, delisting rule based on the comments 79; Griffin 1985, pp. 70–71; Scott et al. to determine if there had been any we received during the five comment 1986, pp. 78–79). Further, Hawaiian population change since the 1998–1999 periods on the August 6, 2008, proposed hawks were reportedly not threatened surveys (Klavitter 2000, entire) and to rule (73 FR 45680). Based on peer by disease or contaminants (Griffin better determine differences in hawk review, State, and public comments, we 1985, pp. 104–107, 194). During the density by region and habitat (Gorresen incorporated text and information into public comment period for that 1993 et al. 2008, entire). There was no change this final rule in order to clarify some proposed rule, several commenters in the estimated number of individuals of the language in the proposed rule.

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These minor changes are outlined discussion of the species’ description, few data available on the age at which below, and discussed under Summary population density, and abundance is Hawaiian hawks first breed. Although of Comments and Recommendations or also found in that proposed rule. one researcher documented a 3-year-old Summary of Factors Affecting the Species Description and Life History female pairing with a male of unknown Species. This final rule incorporates the age and building a nest, no eggs were following changes, based on comments The Hawaiian hawk is a small, broad- laid. Another researcher documented we received on our proposed rule: winged hawk endemic to (found only the formation of a pair bond between a (1) The proposed rule stated the in) the Hawaiian islands, and is the only 3-year-old male and a female with elevation range of the Hawaiian hawk extant (still in the wild) member of the immature plumage. In this case, no was 1,000 to 8,530 feet (ft) (300 to 2,600 family endemic to the nesting attempts were documented meters (m)). Due to a peer review Hawaiian islands (Berger 1981, p. 83; (Clarkson and Laniawe 2000, p. 10). comment, and subsequent literature Olson and James 1982, p. 35). The Based on this information, we believe review, we changed the elevation range Hawaiian hawk occurs in light and dark that the Hawaiian hawk first breeds at to sea level to 8,530 ft (2,600 m). color morphs, with intermediate 3 or 4 years of age. (2) Due to comments we received, we plumages and much individual The first detailed study of the ecology conducted a preliminary in-house variation (Griffin 1985, p. 46). The light and life history of the Hawaiian hawk population viability assessment (PVA) morph is dark brown above and white was conducted from 1980 to 1982 and updated or expanded upon below, with brown flecks on the upper discussions regarding drought, breast. The dark morph is dark brown (Griffin 1985, entire). During this study, hurricanes, climate change, the above and below. The legs, feet, and researchers found no significant nonnative invasive plant strawberry cere (fleshy area between the and difference in nest success between guava (Psidium cattleianum), ROD, feral bill) are yellow in adults and bluish- habitats dominated by native versus ungulates, urban development and land green in juveniles (Griffin 1985, pp. 58– nonnative vegetation (Griffin 1985, pp. subdivisions, biofuel crops, 63). 102–103; Scott et al. 1986, pp. 78–79). rodenticides, shooting, disease, and the The Hawaiian hawk occurs over much However, of 113 Hawaiian hawk nests forestry industry in this rule (see of the island of Hawaii, from sea level found during a demographic study in Recovery Plan Implementation, to 8,530 ft (2,600 m) elevation, and 1998 to 1999, 81 percent were in native Summary of Factors Affecting the occupies a variety of habitat types, ohia () trees Species, and Summary of Comments including native forest, secondary forest (Klavitter et al. 2003, p. 170). consisting primarily of nonnative plant and Recommendations). Additionally, Griffin (1998, p. 661) (3) Due to a peer review comment species, agricultural areas, and pastures found little evidence the Hawaiian requesting that we provide additional (Banko 1980, pp. 2–9, 15–16; Scott et al. hawk was adversely affected by bird information and clarification regarding 1986, pp. 78–79; Hall et al. 1997, p. 14; disease (avian pox and avian malaria) Griffin et al. 1998, p. 661; Klavitter the Hawaiian hawk’s current and past (Griffin 1998, p. 661). There was also no 2000, pp. 2, 38, 42–45; Klavitter et al. population abundance estimates to evidence the hawk was affected by 2003, pp. 169–170, 172, 173; avoid any potential confusion over introduced mammalian predators, such VanderWerf 2008, in litt.). as cats, rats, or mongoose, or apparent changes, we modestly revised Hawaiian hawks are monogamous and the species description under Species environmental contaminants such as defend their territories year-round dichloro-diphenyl-trichloroethane Information. (Griffin 1985, pp. 119–121; Griffin et al. (4) We incorporated the new (DDT) (Griffin 1985, pp. 104–107, 194; 1998, p. 660; Clarkson and Laniawe Griffin et al. 1998, pp. 658, 661). information provided in the 2014 and 2000, pp. 6–7). Their breeding 2018 notices of the reopening of the distribution is restricted to the island of The Hawaiian hawk is adaptable and comment period on the proposed Hawaii, but there have been at least versatile in its feeding habits and preys delisting rule (79 FR 8413, February 12, eight observations of vagrant on a variety of rodents, birds, and large 2014; 83 FR 54561, October 30, 2018) individuals on the islands of , insects (Munro 1944, p. 48; Griffin 1985, under Species Information and , and since 1778 (Banko pp. 142–145, Appendix 5; Griffin et al. Summary of Factors Affecting the 1980, pp. 1–9), and remains have 1998, p. 659). Hawaiian hawks use still- Species. This includes information on been found on the islands of hunting to capture prey by perching in trends pertaining to human population (Olson and James 1982, p. 35) and Kauai trees or other vegetation and stooping growth, land subdivisions, (Olson and James 1996, pp. 65–69; on its prey with its wings tucked and development, and urbanization; ROD, Burney et al. 2001, pp. 628–629). They talons forward (Clarkson and Laniawe ohia dieback, and ohia rust; strawberry may have once completed their life 2000, p. 3). Of 52 successful hunting guava biocontrol; environmental history on other islands; however, since bouts observed, 48 (92 percent) were by impacts associated with climate change; written records, Hawaiian hawks have this method, only four (8 percent) were shooting; Hawaiian hawk population only been known to breed on the island by the hawk soaring or hovering then viability; volcanic activity, and myriad of Hawaii (Banko 1980, p. 2). Egg laying flying down to grasp their prey (Griffin conservation efforts. generally occurs from March to June, 1985, p. 162). Background hatching from May to July, and fledging Based on food items delivered by from July to September (Griffin 1985, p. hawks to nestlings, 32 percent of the Species Information 110; Griffin et al. 1998, p. 656). Clutch Hawaiian hawk’s diet is birds and 37 The following discussion contains size is usually one egg (Griffin 1985, p. percent is small of two information updated from that 76; Griffin et al. 1998, p. 657; Klavitter species (rats (Rattus spp.) and house presented in the proposed rule to et al. 2003, p. 170), but there are a few mouse (Mus musculus)); the remaining remove the Hawaiian hawk from the records of two or three young per nest proportion of food items included Federal List of Endangered and (Griffin 1985, pp. 75, 80, Appendix 1). mongoose (Herpestes auropunctatus), Threatened Wildlife, which published Hawaiian hawks take about 3 years to insects, and unidentified prey items in the Federal Register on August 6, obtain adult plumage (Clarkson and (some of which were mammals) (Griffin 2008 (73 FR 45680). A thorough Laniawe 2000, p. 13); however, there are 1985, pp. 143–144).

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Demographics was assessed for optimal (i.e., areas with birds (Griffin 1985, p. 25) was based on Observations made at Sia, The high hawk density: Native forest with home range size from radio telemetry Comanche Nation Ethno-Ornithological grass understory, mature native forest, data and distribution data from island- Initiative, a permitted Native American native-exotic forest, and orchards) and wide bird surveys. Surveys conducted raptor aviary in Oklahoma, show the sub-optimal habitats (i.e., areas with from December 1993 to February 1994 lifespan of Hawaiian hawks is at least 21 moderate to low hawk densities: showed the Hawaiian hawk widely years in captivity (Volker 2018, pers. Degraded due to strawberry guava, distributed in both native and nonnative comm.). This is several years more than coffee planting, and urban expansion), habitats and provided a population the previously reported captive lifespan where population partitioning was estimate of 1,600 birds, made up of of 17 years (Clarkson and Laniawe 2000, based on Hawaiian hawk densities 1,120 adults, or 560 pairs (Morrison et p. 10; U.S. Department of Agriculture– within the habitat types (optimal/sub- al. 1994, p. 23; Hall et al. 1997, pp. 13– Natural Resources Conservation Service optimal) reported in Gorresen et al. 14). A detailed ecological and (2008, p. 15). The effect of catastrophic (NRCS) 2007, p. 1). Sia received the two demographic study of the Hawaiian weather events on the viability of birds in 2015 from the Memphis Zoo, hawk was conducted from 1998 to 1999; Hawaiian hawks in these various habitat and in 2016, the Hawaiian hawk pair this study found that Hawaiian hawks types was also projected and assessed. produced the first-ever Hawaiian hawk were broadly distributed throughout the None of the projected PVAs showed a chick to hatch in captivity (USFWS island of Hawaii, and that 58.7 percent Hawaiian hawk population that 2017, in litt.; Volker 2018, pers. comm.). of the island (2,372 square miles (sq mi) declined to either zero, or below a Sia attributes their success to their (6,143 square kilometers (sq km))) quasi-extinction threshold of 50 feeding methods. Staff at Sia realized contained habitat for the hawk. State individuals, when projected over 30 the metabolism of Hawaiian hawks is and Federal forests, parks, and refuges, years across 500 model iterations. At 30 much more active than other raptors of totaling 754 sq mi (1,954 sq km), years, an approximate doubling of the supported 469 hawks, and made up 32 the same size, so they increased the population in optimal habitat was Hawaiian hawk’s food supply percent of the species’ habitat (Klavitter projected, whereas the population in et al. 2003, p. 170). The total Hawaiian substantially. They found that the sub-optimal habitat decreased by female Hawaiian hawk eats as much hawk population in this study was approximately one third. This reduction estimated to be 1,457 (± 176.3 birds) daily as a male bald in captivity. in the sub-optimal habitats population The Hawaiian hawk pair are nesting (Klavitter 2000, pp. 38, 96; Klavitter et was the result of habitat degradation al. 2003, p. 170). again at 21 years of age, showing not and reduced habitat carrying capacity The most recent island-wide survey only that Hawaiian hawks can live for for areas affected by strawberry guava was completed in the summer of 2007 at least 21 years, but may also reproduce invasion, coffee planting, and urban (Gorresen et al. 2008, entire). The at that age in captivity. expansion. Of the habitat threats researchers used updated vegetation In all successful nests monitored identified in this PVA, invasion by maps and methods to calculate (n=113), only one young fledged per strawberry guava of mixed native-exotic population and density estimates for the nest (Klavitter et al. 2003, entire). and mature native forest had the most Annual survival of juveniles and adults 1998–1999 survey data and the 2007 ± ± negative impact on Hawaiian hawk was high (0.50 ( 0.10) and 0.94 ( 0.04), habitat. This PVA provides insight survey data. Using consistent maps and respectively), and fecundity (fertility) methods, they were then able to ± regarding Hawaiian hawk viability with was 0.23 ( 0.04) female young/breeding respect to the quality of different habitat compare population size and density female in all habitats combined. Nest types in relation to impacts from over time to see if there had been success in native habitat tended to be strawberry guava, coffee farming, urban significant changes. They found that, in slightly higher than in exotic habitats, development, and an increase in reanalyzing the 1998–1999 data but juvenile survival was higher in extreme weather events due to climate (Klavitter 2000, entire) with the new exotic habitats than in native forest change. Although it does not consider method, the Hawaiian hawk population (Klavitter et al. 2003, p. 170). There was any potentially positive impacts actually numbered 3,239 (95 percent no significant difference in fecundity or resulting from the new strawberry guava confidence interval (CI)=2,610 to 3,868) population growth rate between native birds in 1998, which was more than biocontrol efforts or the increase in ± and mixed, native and exotic, or mixed conservation actions and acreage of land double the original estimate of 1,457 ( and exotic habitats (Klavitter 2000, pp. set aside for conservation in perpetuity 176.3 birds) from 1998–1999 (Klavitter 39, 56; Klavitter et al. 2003, pp. 170– since the Hawaiian hawk’s 1967 listing, 2000, pp. 38, 96; Klavitter et al. 2003, 171). The overall rate of population we feel it continues to be useful in our p. 170). Using the 2007 survey data, growth based on data from all habitat analysis. We included this PVA in our they estimated the population to areas was 1.03 (± 0.04), which is not analysis of strawberry guava under our number 3,085 hawks (95 percent significantly different than 1.0, Factor A discussion, below (also see CI=2,496 to 3,680). There was no indicating that there was no detectable Recovery Plan Implementation, below). significant difference in densities found change in population size across habitat in 1998 and 2007, and no evidence that types from 1998 to 1999 (Klavitter 2000, Abundance and Distribution the Hawaiian hawk’s spatial distribution pp. 40, 56; Klavitter et al. 2003, pp. 170– At the time of listing in 1967, it was had changed (Gorresen et al. 2008, p. 6). 171). thought that the Hawaiian hawk Using these new analytic methods not We developed a preliminary in-house population was in the low hundreds; available during past Hawaiian hawk female-specific stochastic PVA model however, there was little information population surveys, the Hawaiian for the Hawaiian hawk (Vorsino and pertaining to Hawaiian hawk abundance hawk’s population size was consistently Nelson 2016, unpublished data) using and distribution prior to listing, so this about 3,000 individuals between 1997 the mean and variance values of age- estimate has been questioned. Since and 2007 (Gorresen et al. 2008, entire). specific survival and fecundity in listing, several population abundance The differences in population estimates native, mixed, and exotic habitats and distribution studies have been from the earlier surveys were not actual (Gorresen et al. 2008, p. 15; Klavitter et conducted. The first preliminary differences but were due only to al. 2003, p. 170). Population viability population estimate of 1,400 to 2,500 differences in analytic methods. All

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available data indicate that the whether that information differs from Hawaiian hawk from endangered status Hawaiian hawk population had the recovery plan. to threatened status, as outlined under remained relatively constant over a There are many paths to recovery of Recovery Plan Implementation, below. nearly 30 year period (approximately a species, and recovery may be achieved The Hawaiian hawk population in 1980 through 2008) (Griffin 2008, in without all criteria being fully met. For 1983 was estimated to be between 1,400 litt.). Based on our 5-factor analysis example, one or more criteria may be and 2,500 birds, based on reproductive under section 4 of the Act (see Summary exceeded while other criteria may not parameters, home range, measures of of Factors Affecting the Species, below), yet be accomplished. In that instance, forest and agricultural habitats, and we conclude there has not been any we may determine that the threats are distribution information collected significant change in the Hawaiian minimized sufficiently and the species during island-wide forest bird surveys hawk’s population trend over the past is robust enough to remove from the that included hawk sightings and audio 10 or more years (2008 through 2019). List. In other cases, recovery detections (Griffin 1985, p. 25; Klavitter opportunities may be discovered that et al. 2003, p. 165). Hawaiian hawks Recovery Planning and Recovery were not known when the recovery plan were distributed across the island of Criteria was finalized. These opportunities may Hawaii and occupied virtually all forest Section 4(f) of the Act directs us to be used instead of methods identified in types, native and nonnative, except for develop and implement recovery plans the recovery plan. Likewise, information the extremely arid parts of the island for the conservation and survival of on the species may be discovered that (e.g., grasslands of the northwest part of endangered and threatened species was not known at the time the recovery the island and Kau desert) (Scott et al. unless we determine that such a plan plan was finalized. The new 1986, pp. 78–79). A subsequent 1989 will not promote the conservation of the information may change the extent to publication provided an updated species. Under section 4(f)(1)(B)(ii), which criteria need to be met for population estimate of 2,700 Hawaiian recovery plans must, to the maximum recognizing recovery of the species. hawks containing 900 breeding pairs extent practicable, include: ‘‘Objective, Recovery of a species is a dynamic (Griffin 1989, p. 160). These population measurable criteria which, when met, process requiring adaptive management and distribution data indicated that would result in a determination, in that may, or may not, fully follow the Hawaiian hawks were more common accordance with the provisions of guidance provided in a recovery plan. than previously thought (Griffin 1985, [section 4 of the Act], that the species entire; Scott et al. 1986, entire; Griffin Recovery Planning be removed from the list.’’ However, 1989, entire; USFWS 1984, p. 8). revisions to the List (adding, removing, The Hawaiian hawk was listed as an The primary recovery objective of the or reclassifying a species) must reflect endangered species in 1967 (32 FR Hawaiian hawk recovery plan is to determinations made in accordance 4001; March 11, 1967) based on a ‘‘ensure a self-sustaining Hawaiian with sections 4(a)(1) and 4(b) of the Act. perceived low population number, hawk population in the range of 1,500 Section 4(a)(1) requires that the purported range contraction from to 2,500 adult birds in the wild, as Secretary determine whether a species several Hawaiian islands to just one (the distributed in 1983, and maintained in is endangered or threatened (or not) island of Hawaii), and habitat loss and stable, secure habitat’’ (USFWS 1984, p. because of one or more of five threat degradation of native forests from 25). No explanation for the recovery factors. Section 4(b) of the Act requires agriculture, logging, and commercial goal of 1,500 to 2,500 birds is provided that the determination be made ‘‘solely development (Orenstein 1968, pp. 21– in the recovery plan, but these numbers on the basis of the best scientific and 27; Berger 1981, p. 79; USFWS 1984, pp. are presumably based on the earliest commercial data available.’’ Therefore, 1–13; Klavitter et al. 2003, p. 165). population estimate (Griffin 1985, recovery criteria should help indicate Additionally, at the time of listing, entire). A population abundance when we would anticipate that an raptors around the world were declining between 1,400 and 2,500 hawks was analysis of the five threat factors under due to contaminants such as DDT considered sufficient to maintain a self- section 4(a)(1) would result in a (Newton 1979, in Newton 2017, p. 101). sustaining wild Hawaiian hawk determination that the species is no The final recovery plan for the population (USFWS 1984, p. 24). The longer an endangered species or Hawaiian hawk was published in 1984, plan also states that ‘‘for the purposes of threatened species because of any of the 17 years after listing (USFWS 1984, tracking the progress of recovery, 2,000 five statutory factors (see Summary of entire). Between 1967 (the year the will be used as a target to reclassify to Factors Affecting the Species, below). Hawaiian hawk was listed as threatened status,’’ and that ‘‘criteria for While recovery plans provide endangered) and 1984, substantial complete delisting will be further important guidance to the Service, research was conducted on the life developed’’ (USFWS 1984, p. 25). The States, and other partners on methods of history, behavior, and habitat recovery plan was never updated to minimizing threats to listed species and requirements of Hawaiian hawks include criteria for delisting the measurable objectives against which to (USFWS 1984, p. 24). The recovery plan Hawaiian hawk. measure progress towards recovery, they notes that the results from the research In 1997, the Service formed the IRWG, are not regulatory documents and studies conducted on Hawaiian hawks the mission of which was to provide cannot substitute for the determinations between 1967 and 1984 were used to advice on aspects of the recovery of the and promulgation of regulations develop the recovery recommendations, Hawaiian hawk. The IRWG included required under section 4(a)(1) of the many of which had already been scientific experts from universities and Act. A decision to revise the status of, implemented and completed (USFWS the U.S. Geological Survey (USGS), and or remove a species from, the Federal 1984, p. 1). Field biologists had already a Service biologist. Following its first List of Endangered and Threatened documented Hawaiian hawk abundance meeting in December 1997, the IRWG Wildlife (50 CFR 17.11(h)) is ultimately and distribution, and had assessed forwarded a report to the Service, in based on an analysis of the best several factors that were thought to be which they recommended that, rather scientific and commercial data then limiting Hawaiian hawk population than focusing primarily on abundance available to determine whether a species abundance (i.e., illegal shooting, habitat to assess the Hawaiian hawk’s overall is no longer an endangered species or a loss and degradation), all of which are status, field studies should look at hawk threatened species, regardless of recovery criteria to downlist the numbers in combination with trends

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(IRWG 1998, p. 4). The Service funded We currently estimate that the Hawaiian of habitat for the Hawaiian hawk (e.g., a detailed ecological and demographic hawk breeding range (2,222 sq mi (5,755 Hawaii Legacy Reforestation initiative, study of the Hawaiian hawk and island- sq km)) supports a population of Sustainable Hawaii Initiative, Hawaii wide survey in 1998–1999 (Klavitter approximately 3,000 Hawaiian hawks Plant Extinction Prevention Program, 2000, entire). Upon review of the 2000 (Gorresen et al. 2008, p. 1). Hawaii Invasive Species Council, study results (Klavitter 2000, entire) and (2) Determine Hawaiian hawk habitat Hawaii Rare Plant Program); other existing information, the IRWG requirements: Hawaiian hawks are well • The installation of ungulate recommended that the Hawaiian hawk distributed throughout forest and exclusion fencing; be delisted due to the lack of evidence adjacent habitat on the island of Hawaii • Landowner partnerships (e.g., Three of a decline in numbers, survival rates, (Griffin 1985, p. 70; Scott et al. 1986, p. Mountain Alliance Watershed or productivity, and the lack of evidence 79; Hall et al. 1997, entire; Klavitter Partnership (TMA), Kohala Watershed of current substantial loss or 2000, pp. 13, 37; Klavitter 2003, pp. 165, Partnership (KWP), degradation of preferred nesting or 167, 169–172; Gorresen et al. 2008, pp. Watershed Alliance (MKWA)); foraging habitats (IRWG 2001, p. 3). The 25, 39). Hawaiian hawk population • An increase in the amount of land IRWG identified nesting and foraging density varies among habitat type and set aside for conservation in perpetuity habitat loss as a potential significant region. For example, Hawaiian hawk (e.g., The Nature Conservancy’s (TNC) threat to the species and recommended densities in Kau and regions Kona Hema Preserve, Hakalau National that regular population and habitat were highest in the native-exotic forest Wildlife Refuge (NWR) (both Hakalau monitoring take place to assess factors habitat, but in Kona, Hawaiian hawk and Kona Units), and the addition of the that may produce future declines (IRWG density was highest in mature native Kahuku Unit at Hawaii Volcanoes 2001, p. 2). The IRWG stopped meeting forests with grass understory, followed National Park (NP)). after submitting their final by mature native forests, and then Additional activities implemented by recommendation to the Service (Nelson native-exotic (Gorresen et al. 2008, p. the public and private organizations and 2018, in litt.). 47). While Hamakua and Kau had partnerships on the island of Hawaii The collective survey data, including relatively high Hawaiian hawk densities include programs that implement rangewide population estimates (Griffin in orchard forests (0.78 ± 0.27 and 0.58 fencing inspections and necessary 1985; Hall et al. 1997; Klavitter et al. ± 0.27 hawks per square kilometer replacements, native species surveys, 2003; Gorresen et al. 2008) and (km2)), respectively), Puna’s highest greenhouse and native plant demographic modeling (Klavitter et al. Hawaiian hawk density was in propagation, prevention of the spread of 2003), indicate that the Hawaiian hawk shrubland (0.40 + 0.12 hawks per km2) ROD, and outreach. Hawaiian hawks population was, and continues to be, (Gorresen et al. 2008, p. 47). Hawaiian benefit from native forest protection and stable; Hawaiian hawks use both native hawks prefer forests that are only restoration because it provides breeding, and nonnative habitats for breeding and modestly dense so that they have an nesting, and foraging habitat. For more hunting; the species’ range is not accessible understory where prey can be details regarding conservation measures, contracting; and there is no evidence of seen more easily (Gorresen et al. 2008, please see the Factor A discussion, threat from environmental p. 25). below. contaminants. (3) Identify factors limiting the Research regarding the potential Hawaiian hawk population: No factors impacts of environmental pollutants Recovery Plan Implementation are considered to be currently limiting (e.g., heavy metals and pesticides) on Our knowledge of the Hawaiian hawk the Hawaiian hawk population (USFWS Hawaiian hawk reproductive success has improved since it was listed as 1984, p. 8; IRWG 2001, pp. 1–4; has been evaluated (USFWS 1984, p. 21; endangered in 1967. Although Gorresen et al. 2008, pp. 22–26). Factors Spiers et al. 2018, entire). In the early contemporary population abundance that were considered as potential 1980s, abandoned Hawaiian hawk eggs estimates may be lower than that of limiting factors include: Loss of nesting and dead hawks were tested for historical Hawaiian hawk population and foraging habitat (e.g., canopy loss organochlorine compounds (e.g., DDT) abundance, and the Hawaiian hawk’s and conversion of forest habitats to open and heavy metals. None or only trace current range may have contracted from grassland, logging, agriculture, human amounts of these contaminants were that of its historical range, there is no population growth and associated found (USFWS 1984, p. 21). In 2015 and known existing data to quantify such urbanization), nonnative plants (i.e., 2016, carcasses of Hawaiian hawks were declines. Instead, data show that the strawberry guava), effects due to climate tested for both first and second Hawaiian hawk has had a stable change (e.g., drought and hurricanes), generation anticoagulating rodenticide population that covers large areas on the ohia dieback, ROD), harassment and exposure (Spiers et al. 2018, entire). island of Hawaii in varying habitat types shooting, predation, bird disease, and Fifteen Hawaiian hawk carcasses were and elevations for at least the past 30 environmental contaminants. tested. No detectable levels of first years. The following criteria for (4) Minimize or eliminate identified generation anticoagulating rodenticides downlisting the Hawaiian hawk have all detrimental factors: Because the (FGARs) were found in liver, whole been met or exceeded as described in Hawaiian hawk has had a stable carcass, or kidney tissue; however, the recovery plan: population for at least 30 years, and detectable levels of second generation (1) Determine present distribution and occupies both native and nonnative anticoagulating rodenticides (SGARs) abundance of the Hawaiian hawk on the habitat, habitat loss and degradation are were found in either the whole body, island of Hawaii: As described above, not currently considered a threat to the liver, or kidney tissue (or a combination the data collected (Griffin 1985, entire; survival of Hawaiian hawks. of these three) of all 15 Hawaiian hawk Griffin 1989, entire), Scott et al. (1986, Additionally, as noted in the document carcasses (Spiers et al. 2018, entire). entire), Hall et al. (1997, entire), we published in the Federal Register on Four Hawaiian hawk carcasses had Klavitter et al. (2000, entire; 2003, October 30, 2018 (83 FR 54561), there detectable levels of bromadiolone, 12 entire), and Gorresen et al. (2008, entire) are ongoing and increasingly productive had detectable levels of brodifacoum, have determined the present conservation actions, such as: and 4 had detectable levels of distribution and abundance of the • Restoration and reforestation difethialone; one carcass had detectable Hawaiian hawk on the island of Hawaii. actions that have increased the amount levels of all three SGARs, and 5

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carcasses had detectable levels of two The human population growth application in a period of several SGARs. The highest and second highest predictions for Hawaii County from months (Chaney and Johnson 2018, in residue values were for brodifacoum in 2010 to 2040 were projected to be 1.6 litt.). Tectococcus ovatus typically Hawaiian hawk liver samples (768 percent growth annually; however, the weakens the trees through its feeding, nanograms per gram (ng/g) (0.768 annual average growth rate thus far reducing the ability of the tree to fruit milligrams per kilogram (mg/kg)) and (2010 through 2017) is just 1.1 percent and set seed, thereby limiting its spread 141 ng/g (0.141 mg/kg), respectively). (Hawaii Department of Business, (U.S. Forest Service (USFS) 2016, in Although research has not been Economic Development and Tourism litt.). Tectococcus ovatus is not expected conducted on Hawaiian hawks to (DBEDT) 2018, in litt.). It is predicted to to kill already established trees (Hawaii determine the specific effects of briefly increase to 1.3 percent in the Department of Agriculture 2011, in litt.). secondary poisoning resulting from early 2020s, but is then anticipated to Galling at the Waiakea site (on Hawaii their consumption of rodents killed by remain at 1.0 to 1.1 percent through island) has increased to a level that is rodenticides (e.g., zinc phosphide, 2045 (DBEDT 2018, p. 2). Further, new beginning to reduce strawberry guava diphacinone, chlorophacinone, housing subdivisions within known fruiting, although full impacts are not bromethalin, fumarin, FGARs, and Hawaiian hawk habitat on the island of yet apparent. It is too early to know SCARs), elsewhere, owls fed rats killed Hawaii tapered off around 2011, with what effect this may have on guava tree with fumarin appear to be unaffected little to no change through 2018 vigor and rate of spread; however, (Mendenhall and Pank 1980, p. 313), (Amidon 2019, unpublished data). infestations of Tectococcus ovatus are and zinc phosphide is considered Additionally, the logging industry has expected to spread gradually on the relatively safe for non-target species due adopted harvesting practices that avoid target plant, reaching damaging levels to its rapid decomposition into harmless clear cutting and maintain continuous within a few years at each release site products (Hood 1972, p. 86; Gervais et habitat (Koch and Walter 2018, in litt.). (Kerr 2018, pers. comm.). The USFS will al. 2011, in litt.). Multiple wild avian Further, although ohia dieback still continue to provide technical assistance species exposed to both first and second exists, and we recognize that ROD is a and monitor the impacts of this biocontrol agent. It is expected that a generation anticoagulating rodenticides threat to ohia forests, there is no noticeable decrease in the spread of did not test positive for the more evidence that either has altered the strawberry guava will be observed over commonly used FGARs (warfarin, Hawaiian hawk’s population abundance a period of years (Kerr 2018, pers. diphacinone, and chlorophacinone); or its life-history needs. comm.). At this time, impacts from however, many tested positive for Nonnative plants, such as strawberry strawberry guava have not been shown SGARs (brodifacoum, bromadiolone, guava, are not anticipated to alter to alter Hawaiian hawk population and difethialone), including various Hawaiian hawk population abundance abundance or any stage of the species’ hawk species (California Department of in the foreseeable future; however, we life history. Pesticide Regulation (DPR) 2013, pp. 10; recognize that monostands of guava are Harassment and shooting do 47). Due to their lethal impact on non- not conducive to Hawaiian hawk unfortunately occur. According to our target (either directly (i.e., bleed foraging. With warming of the Office of Law Enforcement’s records, to death) or indirectly (e.g., they get sick atmosphere due to climate change, the there have been seven documented and subsequently either get hit by a car range of strawberry guava may shift to cases that involve Hawaiian hawk or become an easier target for higher elevations and negatively impact gunshot wounds between 2013 and depredation by other animals), SGARs Hawaiian hawks (Vorsino et al. 2014, p. 2018. Four of these occurred in 2018. were banned in the consumer market in 2). Our preliminary PVA indicates that However, shooting is not considered a 2008, with an effective date of June 4, if not abated, strawberry guava may significant threat because Hawaiian 2011 (EPA 2008, pp. 7–8, 12–13, 26); impact Hawaiian hawk distribution in hawks have maintained a population of however, they are still allowed for 30 or more years (Vorsino and Nelson approximately 3,000 individuals over certain commercial uses in specific 2016, unpublished data). However, several decades and are revered in quantities and designated areas (e.g., since the successful deployment in 2012 Hawaiian culture as an aumakua or within and around agricultural of a biocontrol agent for strawberry familial guardian spirit. Additionally, buildings). There are 73 products guava (the Brazilian scale insect, the public has shown much support for containing SGARs (bromadiolone, Tectococcus ovatus) in two keeping Hawaiian hawks on the State brodifacoum, or difethialone) and 42 demonstration plots on the island of list of endangered and threatened products containing FGARs (warfarin, Hawaii (Chaney and Johnson in HCC species. chlorophacinone, or diphacinone) 2013, p. 74), the State of Hawaii and Shooting of Hawaiian hawks is not a registered for use in Hawaii, and one other partners have been working to new threat, and despite its occurrence product containing warfarin (National establish Tectococcus ovatus in over time, the Hawaiian hawk Pesticide Information Retrieval System- strawberry guava-invaded forests population has maintained a stable State of Hawaii 2019, entire). In 2011, throughout the islands (Chaney and population. On the effective date of this the revised use law went into effect. Johnson 2018, in litt.; Kerr 2018, pers. rule (see DATES, above), shooting of Hawaiian hawks are likely to benefit comm.). Tectococcus ovatus is a highly Hawaiian hawks will remain illegal from the reduced risk of secondary host-specific, leaf-galling insect. By under both the Migratory Bird Treaty poisoning because of decreased use of 2017, these efforts have resulted in Act (MBTA; 16 U.S.C. 703–712) and SGARs. We believe the Hawaiian hawk established, self-reproducing insect Hawaii State law. population is robust enough to maintain populations on strawberry guava at Predation has not been shown to viability into the foreseeable future even multiple forest sites on five islands impact the Hawaiian hawk at any life if some mortalities occur now or in the (Hawaii, Kauai, Lanai, Maui, and Oahu) stage. Most of the nonnative species in future resulting from SGARs, because (Chaney and Johnson 2018, in litt.). Hawaii that are considered predators are despite the broader use of SGARs before Under favorable conditions, actually prey to Hawaiian hawks (e.g., 2008, the Hawaiian hawk population Tectococcus ovatus populations have rats, mice, mongooses). Cats are an remained stable with approximately increased rapidly and spread within 33 exception; however, cats have not been 3,000 individuals. to 262 ft (10 to 80 m) from site of shown to be a limiting factor of

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Hawaiian hawk abundance and future (i.e., threatened). If post-delisting A. The Present or Threatened survival. Lastly, bird disease (i.e., avian monitoring shows a significant decline Destruction, Modification, or pox and avian malaria) and in Hawaiian hawk population Curtailment of Its Habitat or Range environmental contaminants are not abundance or detects that the habitat The 1993 proposed rule to reclassify known to negatively impact the quality or quantity is being altered or the Hawaiian hawk from endangered to Hawaiian hawk. If West Nile virus destroyed such that it does not or will threatened (58 FR 41684; August 5, appears on Hawaii, however, relisting not properly support a self-sustaining, 1993), the 2001 IRWG report (IRWG the Hawaiian hawk may be warranted viable Hawaiian hawk population, a 2001, p. 3), Klavitter et al. (2003, p. (for more information, see our Factor C relisting may be warranted. 173), and Gorresen et al. (2008, pp. 9– discussion, below). 11) all identified loss of preferred (5) Monitor Hawaiian hawk Summary of Factors Affecting the nesting and foraging habitats as a population status: Monitoring of Species potential threat to the Hawaiian hawk. Hawaiian hawk population status occurred intermittently from the late Section 4 of the Act and its Although their specific concerns were 1960s through 2008. implementing regulations (50 CFR part variously stated, the causes all fit into (6) Develop and implement a public 424) set forth the procedures for listing one of the following categories: (1) information program to inform public species, reclassifying species, or Urbanization/lack of secure habitat; (2) conversion of sugarcane fields to agencies and private citizens about the removing species from listed status. unsuitable habitat; (3) increase in fire Hawaiian hawk: Collaborative outreach ‘‘Species’’ is defined by the Act as frequency; (4) invasion of plant species was conducted in the late 1970s and including any species or subspecies of early 1980s by the Service, State, in the understory that degrade foraging fish or wildlife or plants, and any habitat by concealing prey; and (5) University of Hawaii College of Tropical distinct vertebrate population segment Agriculture and Human Resources, local environmental fluctuations. Below, we of fish or wildlife that interbreeds when address the first four of these specific businesses, and nongovernmental mature (16 U.S.C. 1532(16)). Once the organizations, including, but not limited threats to Hawaiian hawk habitat. We ‘‘species’’ is determined, we then to, the Conservation Council of Hawaii. discuss environmental fluctuations evaluate whether that species may be Colorful brochures and posters were under Factor E. endangered or threatened because of distributed to the public and schools. In Urbanization/Lack of Secure Habitat 1982, every school in the State received one or more of the five factors described Hawaiian hawk posters for National in section 4(a)(1) of the Act. We must The Hawaiian hawk is broadly Wildlife Week. Also during this time, consider these same five factors in distributed on the island of Hawaii, and several news articles on the Hawaiian delisting a species. We may delist a 58.7 percent of the island (2,372 sq mi hawk appeared in local newspapers. In species according to 50 CFR 424.11(d) if (6,144 sq km)) contains habitat for the the 1990s, the Peregrine Fund (Fund) the best available scientific and hawk. Of this habitat, 55 percent is had an un-releasable, rehabilitated commercial data indicate that the zoned for agriculture, and 44.7 percent Hawaiian hawk that was blinded by an species is neither endangered nor is zoned for conservation. injury. The Fund used that hawk for threatened for the following reasons: (1) Approximately 754 sq mi (1,953 sq km), public outreach events and took it to The species is extinct; (2) the species or 32 percent, of the Hawaiian hawk’s schools. The Panaewa Zoo on the island has recovered and is no longer habitat is located on protected lands in of Hawaii, near Hilo, has a permanent endangered or threatened; and/or (3) the the form of State and Federal forests, resident Hawaiian hawk on public original scientific data used at the time parks, and refuges, and less than 1 display that is used for educational the species was classified were in error. percent is rural or urban-zoned land that purposes; this zoo also works closely has the potential to be impacted by or A recovered species is one that no with permitted Hawaiian hawk subjected to future development longer meets the Act’s definition of an rehabilitators. The Hawaii Wildlife (Klavitter 2000, p. 38; Klavitter et al. Center and Three Ring Ranch both endangered or threatened species. 2003, p. 170; State of Hawaii 2007, in rehabilitate injured Hawaiian hawks Determining whether a species is litt.). and conduct public educational recovered requires consideration of the The amount of urban land or land programs. Additionally, there is a same five statutory factors specified in subject to potential future urbanization Hawaiian hawk pair at Sia, The section 4(a)(1) of the Act. For species is generally localized in areas Comanche Nation Ethno-Ornithological that are already listed as an endangered surrounding existing cities (County of Initiative, a permitted Native American or threatened species, this analysis is an Hawaii 2005a as amended 2014, pp. 14– raptor aviary in Oklahoma (Volker 2018, evaluation of both the threats currently 2, 14–9, 14–11—Land Use Pattern pers. comm.). These 21-year-old facing the species and the threats that Allocation Guide Map (LUPAG) 1–25), Hawaiian hawks are used by Sia for are reasonably likely to affect the and represents less than 1 percent of educational purposes (Volker 2018, species in the foreseeable future, as well Hawaiian hawk habitat on the island. pers. comm.). as any conservation actions or Changes in zoning from one category to (7) Determine appropriate status of regulations that ameliorate those threats. another (e.g., agricultural to urban) are this species and downlist or delist: The A species is ‘‘endangered’’ for made through petitions to the State IRWG, Service, and all three peer Land Use Commission. There are purposes of the Act if it is in danger of reviewers concur that delisting is the currently no pending petitions that extinction throughout all or a significant appropriate status for Hawaiian hawks. would change current agriculture, portion of its range, and is ‘‘threatened’’ We have considered each of the five conservation, or rural zones to urban on factors, and we have determined that if it is likely to become endangered the island of Hawaii (State of Hawaii the Hawaiian hawk is not currently at within the foreseeable future throughout Land Use Commission 2018, in litt.). risk of extinction throughout all or a all or a significant portion of its range. Similarly, no amendments are currently significant portion of its range (i.e., Following this 5-factor analysis we proposed to the County of Hawaii endangered), nor is it likely to become evaluated the status of the Hawaiian General Plan (2005a, as amended, an endangered species in the foreseeable hawk. entire) that would reflect projected

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future urban growth beyond what was 150). We expect residential and exurban urban and exurban growth is occurring projected in the original 2005 plan. construction for Hawaii County to in or adjacent to already developed Additionally, because the Hawaiian continue at a similar pace in the areas. The rates of subdivision, hawk is broadly distributed on the foreseeable future as indicated by development, and human population island and can use a variety of habitats, expected human population growth for growth in the Puna region may slow the potential future conversion of a Hawaii County and home construction even more due to the scope of impacts relatively small amount of its habitat for the island of Hawaii for the last three to the area resulting from Kilauea’s 2018 (less than 1 percent) surrounding decades (County of Hawaii 2010, tables eruption (USGS 2019, in litt.). 16.1–16.13; County of Hawaii 2015, pp. existing urban uses is not a threat to the Conversion of Sugarcane Fields to 144–146, 149–150; DBEDT 2018, in litt.; viability of the species. Unsuitable Habitat We examined trends in human DBEDT 2018, pp. 2–3). Sugarcane was historically an population, urban and exurban growth, We also analyzed tax-map keys important crop on the island of Hawaii, and land subdivision over the past three (TMKs) for the years 1996 and 2009, to and Hawaiian hawks have adapted to decades for Hawaii County to better better understand land subdivision on use these croplands for foraging where understand the history of habitat change Hawaii and how this might relate to nest trees and perching structures were on Hawaii and the potential effects of potential changes in Hawaiian hawk available. With the demise of the these factors on Hawaiian hawk habitat habitat (Nelson and Metevier 2010, sugarcane industry on the island in the and density in the future. Previously, in unpublished data). Over this time period, the number of land parcels less 1990s, sugarcane plantations were 2012, the Hawaii DBEDT projected the than 1 acre (ac) (0.4 hectare (ha)) in size primarily converted to a diversity of population of Hawaii County to grow increased almost three-fold from 25,925 agricultural uses (County of Hawaii 1.6 percent annually from 2010 to 2040, to 74,620 parcels. This equates to an 2005a, as amended 2014, pp. 1–8, 1–11), a 32 percent population increase over 20 approximate three-fold increase in the some of which (e.g., large, patchily years (DBEDT 2012, pp. 1–2). However, land area for parcels of this size, from distributed monocultures of eucalyptus the actual population growth for Hawaii 7,680 ac (3,107 ha or 12 square miles (sq or macadamia nut trees with little edge) County between 2010 and 2017 was mi) (31 square kilometers (sq km)) to are not compatible with Hawaiian hawk only 1.1 percent annually (DBEDT 2018, 24,458 ac (9,897 ha or 38 sq mi (100 sq nesting or foraging (Klavitter et al. 2003, in litt.). A brief increase to 1.3 is km)) and is equal to approximately 1.7 p. 172). We anticipate that in these anticipated in the early 2020s; however, percent of the hawk’s current range. localized, patchily distributed areas the population growth is predicted to Overall, the largest increase in where eucalyptus plantations are remain between 1.0 and 1.1 percent subdivisions occurred in the Puna established, Hawaiian hawks will not be from 2018 through 2045 (DBEDT 2018, region. Parcels of 1 ac or less in size do able to effectively forage or nest. It p. 2). The number of private residential not require a grubbing permit if remains unclear if hawks will use these construction permits issued annually by grubbing (i.e., vegetation clearing) does areas immediately following a harvest or Hawaii County for single-family not alter the general and localized at the time of initial planting. However, dwellings more than doubled from 1995 drainage pattern with respect to abutting given the short-rotation times planned to 2007, from 908 to 1,852 permits properties (County of Hawaii 2005b, p. for these plantations (5 to 8 years) and (County of Hawaii 2010, table 16.7). The 10–2). the rapid growth-rate of eucalyptus on total number of housing units built In response to several comments Hawaii (Whitesell et al. 1992, pp. ii, 2), nearly doubled from 1984 to 2007, from made during the fourth reopened these areas might be suitable only 39,164 to 77,650 units (County of comment period (83 FR 54561; October briefly for hawk foraging. Hawaii 2010, tables 16.9 and 16.10). The 30, 2018), we expanded upon Nelson Conversion of agricultural lands to pace of home construction was most and Metevier’s (2010, unpublished data) eucalyptus forests is an ongoing threat rapid in the Puna and North Kona analysis. Amidon (2019, unpublished to the Hawaiian hawk, but the scope of districts, with increases of 105.6 and data) found that the number of 1 ac or this threat is limited primarily to the 67.7 percent, respectively, in the total smaller parcels on the island of Hawaii Hamakua coastline (County of Hawaii number of housing units built from 1990 increased by 2,000 parcels between 2005a, as amended 2014, p. 14–20). to 2000 (County of Hawaii 2010, table 2009 to 2011, but then leveled off to These eucalyptus monocultures are 16.13). By 2014, there were approximately 69,000 parcels of that patchily distributed, with mixed approximately 85,173 housing units on size from 2011 to 2018. The overall agricultural and residential uses in the the island of Hawaii, with 4,811 decrease in parcels of this size is due to surrounding areas. Approximately building permits issued, the highest landowners merging smaller parcels 24,000 ac (9,712 ha) (less than 2 percent level since 2006 (County of Hawaii into larger parcels. Subdivision of large of Hawaiian hawk habitat island-wide) 2015, p. 144). Of the 4,811 building land parcels in to smaller parcels is of former sugarcane fields were being permits, 958 were private housing, with often viewed as synonymous with cultivated for eucalyptus production the remaining going to nonresidential, development. With a plateau, if not and ‘‘thousands of additional acres’’ additions, and alterations (County of decline, in both human population were being planned as of 2005 (County Hawaii 2015, pp. 145–146). Between growth and parcel splitting, we do not of Hawaii 2005a, as amended 2014, pp. 2000 and 2008, the number of new see a huge push for development on 2–4, 2–20). More recently, the forest single family homes on the island of Hawaii island nor find development on industry is shifting away from Hawaii built per year oscillated between Hawaii island an imminent threat to nonnative tree species to native tree 1,000 and 2,700 new homes (County of Hawaiian hawk habitat, now or in the species such as koa (Koch and Walter Hawaii 2015, p. 146). This range foreseeable future. 2018, in litt.). However, even if all dropped between 2009 and 2013, Although trends in urban and exurban 80,000 ac (32,375 ha) of the potential oscillating between 580 and 700 new growth show upward movement, the lands for cultivating forests in the homes built per year (County of Hawaii rate of growth has slowed, and trends in Hamakua coast were converted to 2015, p. 146). Hilo and Kailua-Kona subdivisions have plateaued. The eucalyptus trees (County of Hawaii remain the areas with the most human population annual growth rate 2005a, as amended 2014, p. 14–20) in development (County of Hawaii 2015, p. on the island has also decreased. Most the foreseeable future, that would

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represent less than 5 percent of others may not. Further, all of the areas these structural components would Hawaiian hawk habitat island-wide. For identified as potential sites for biofuel result in the loss of habitat. comparison, the Hamakua District production are either fallow sugarcane Approximately 26 percent (370,658 ac contains 235,212 ac (95,187 ha) (59 fields or are currently being used for (150,000 ha)) of the Hawaiian hawk’s percent) of lands designated for crop production, grazing, or forestry breeding range is within mesic to dry conservation thus far and in the production (e.g., eucalyptus) (Poteet forest habitat areas that are particularly foreseeable future (County of Hawaii 2006, pp. 27–28). susceptible to fire (Gorresen et al. 2008, 2005a, as amended 2014, p. 14–11). The The U.S. Navy and University of p. 11). The average size of 58 fires that amount of forested area on the island of Hawaii’s Natural Energy Institute burned in Volcanoes NP from 1968 to Hawaii has increased in recent years partnered around 2014 to explore the 1991 was 507 ac (205 ha) (Smith and due to restoration, conservation, and a production and use of biofuels on the Tunison 1992, p. 398). This is roughly shift in forestry practices toward native island of Hawaii through the Hawaii the size of the average home range of the trees and more sustainable harvesting Military Biofuels Crop Assessment Hawaiian hawk (Griffin 1985, p. 173). methods (Koch and Walter 2018, in Program (Rivertop Solutions and Pacific Therefore, large fires could remove litt.). Biodiesel Technologies 2015, entire); habitat in one or a few hawk territories At a regional scale, we do not however, they have not since shown at one time, but we expect that hawks anticipate significant changes in hawk interest in further pursuit (Long 2018, would maintain their territory if densities in response to this threat pers. comm.). Additionally, as of 2018, sufficient prey and forest structure because many of the plantations are there remains only one biodiesel plant remained such that they could still patchily distributed among areas with on the island of Hawaii (Pacific hunt, nest, and perch. At a regional suitable habitat for foraging, perching, Biodiesel Technologies), and the scale and in the foreseeable future, we and nesting (e.g., small agricultural company has no plans to acquire or do not anticipate significant changes in operations, fallow sugarcane fields, lease additional agriculture lands at this hawk densities in response to this threat riparian areas, and native and nonnative time (Long 2018, pers. comm.). The because most fires are expected to have forest). The total amount of habitat industry operations have diversified and a patchy distribution on the landscape converted (24,000 ac (9,712 ha)) now include processing imperfect such that some forest structure will represents less than 2 percent of all macadamia nuts for oil used in continue to be present around or within available habitat (Klavitter et al. 2003, p. cosmetics (Long 2018, pers. comm.). these burned areas (Perry et al. 2011, p. 167). Furthermore, the amount of native There are currently no farms dedicated 704; Bond and Keane 2017, p. 6; Pyne forest areas on the island of Hawaii is solely to biofuel production on the 2010, p. 4). actually increasing (Koch and Walter island of Hawaii (Long 2018, pers. Only if large-scale changes to dry 2018, in litt.). Therefore, while comm.). In 2008, there was one small forests occurred, eliminating nesting conversion of sugarcane fields has (approximately 750 ac) family-owned and perching areas across large swaths reduced the total amount of suitable farm that grew Jatropha curcas on 250 of the leeward portion of the island, habitat along the Hamakua coast, the ac for the purpose of biofuel (Gima would the viability of the species conservation actions across the island 2010, in litt.; Long 2018, pers. comm.); potentially be at risk. Hawaii has have increased suitable habitat (see however, the Jatropha curcas experienced extreme droughts for ‘‘Urbanization/Lack of Secure Habitat,’’ production was phased out, and Pacific extended time periods of time (National above). Additionally, the scope and Biodiesel has since purchased the farm extent of this conversion is not likely to and now grows papaya on it (Long 2018, Oceanic and Atmospheric significantly impact the distribution or pers. comm.). Conversion of current Administration (NOAA) 2011, in litt., p. density of the Hawaiian hawk in such agricultural lands to crops for biodiesel 9; U.S. Drought Monitor 2011, in litt.; a way that would affect its viability. fuel production is not a threat to U.S. Drought Monitor-Hawaii Data 2019, Another potential threat is the Hawaiian hawk habitat at this time, nor entire), which exacerbate the risk of fire; conversion of current agricultural lands is it likely to become a threat in the however, the Hawaiian hawk to crops for biodiesel fuel production foreseeable future. population has remained stable and (Gorresen et al. 2008, p. 10). Up to viable. 185,000 ac (74,000 ha) of agricultural Invasive Plant Species, Drought, and The available information on lands on the island of Hawaii would be Increase in Fire Frequency Hawaiian hawk distribution and habitat suitable for such crop production Historically, fires on the island of does not suggest that dry forests on the (Poteet 2006, pp. 27–28), which Hawaii were infrequent (Smith and island of Hawaii are losing trees represents up to 13 percent of the Tunison 1992, pp. 395–397). In some essential for Hawaiian hawk nesting and Hawaiian hawk’s breeding range areas, primarily mesic and dry habitats, perching, or that such loss is likely to (Gorresen et al. 2008, p. 10). Some of the the fire regime has changed dramatically occur in the foreseeable future (e.g., Puu potential crops for renewable energy with an accumulation of fine fuels, Waawaa watershed, see ‘‘Urbanization/ include sunflowers (herb) and Jatropha primarily alien grasses, which spread in Lack of Secure Habitat,’’ above). curcas (large shrub to small trees) from the 1960s and 1970s (Smith and Although drought frequency and which oils are extracted. However, only Tunison 1992, pp. 397–398). Increased duration may increase in Hawaii due to a small fraction of the total acreage fire frequency facilitates the spread of climate change (Chu et al. 2010, p. 4897; potentially usable for biofuels has alien grass, which increases fine fuel Diaz and Giambelluca 2011, p. 7; Timm supported biofuel crop production, most loads, further increasing the likelihood et al. 2015, p. 92), the combination of of which has been phased out (Pacific of more frequent and larger fires (Smith the Hawaiian hawk’s demonstrated Biodiesel 2013, in litt.; Tummons 2013, and Tunison 1992, pp. 398–399). This adaptability with an increase in habitat pp. 1–2; Long 2018, pers. comm.). positive feedback loop can inhibit the restoration efforts (e.g., Puuwaawaa Additionally, the potential biofuel crops establishment of tree species if fires are Forest Reserve, Puuwaawaa Forest Bird vary in terms of their feasibility and too frequent (Smith and Tunison 1992, Sanctuary, TMA, TNC’s Kona Hema potential impacts to the Hawaiian hawk. p. 399). Preserve) leads us to conclude that Some biofuel crops will continue to Because Hawaiian hawks rely on Hawaiian hawks will remain stable and provide suitable foraging areas while forests for nesting and perching, loss of viable for the foreseeable future.

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Therefore, while an increase in fire Giambelluca 1998, pp. 514–515; Vecchi Hawaiian hawk population, relisting frequency due to alien plants and and Soden 2007, pp. 1068–1069, Figures may be warranted. For additional drought may reduce the amount of 2 and 3; U.S. Global Change Research discussion, see Future Conservation available habitat for nesting and Program (US–GCRP) 2009, pp. 10, 12, Measures, below. perching, even when we consider 17–18, 32–33; Emanuel et al. 2008, p. Invasive Species (Nonnative Feral increased drought frequency and 360, Figure 8; Yu et al. 2010, p. 1371, Ungulates) duration due to climate change (for Figure 14; Giambelluca 2013, p. 6). which models are highly variable and Since 1871, eight hurricanes, or Feral ungulates, particularly pigs, associated with uncertainty (Gregg 2018, remnants thereof, have caused goats, and feral cattle, degrade ohia and p. 21)), we conclude that the maximum substantial damage in Hawaii. The other forest habitats by spreading scope and extent of this habitat island of Hawaii, like the island chain, nonnative plant seeds, grazing and alteration that we can reasonably has fortunately evaded most hurricanes trampling native vegetation, and anticipate is not likely to have a due to the surrounding cool water. In contributing to erosion (Cuddihy and significant impact on the distribution or response to climate change, such Stone 1990, pp. 59–67, 74; Vitousek et density of the Hawaiian hawk in such environmental conditions are changing. al. 1997, p. 6). An increase in a way that would affect its viability in With a projected shift in the path of the conservation measures across the island the foreseeable future. subtropical jet stream northward, away of Hawaii (see below and Recovery Plan from Hawaii, more storms will be able Implementation, above), which include Environmental Changes in Response to to approach and reach the Hawaiian feral pig and other ungulate control and Climate Change Islands from an easterly direction, with removal, benefit the Hawaiian hawks by The ongoing and projected changes in in 2014 being an decreasing the spread of nonnative climate, and the impacts of global example (Murakami et al. 2013, p. 751). plants reducing erosion. Because of the climate change and increasing Although Hurricane Iselle morphed into ongoing conservation measures, and the temperatures on Hawaii ecosystems, are a tropical storm before making landfall fact that Hawaiian hawks nest and hunt the subjects of active research. Analysis on the island, it caused extensive in a variety of native and nonnative of the historical record indicates the canopy loss in some regions of the habitats, we do not consider impacts surface temperature in Hawaii has been island (Federal Emergency Management from ungulates a population-level threat increasing since the early 1900s, with Agency (FEMA) 2014, in litt.). to the species. relatively rapid warming over the past Hurricane or tropical storm Iselle is the Invasive Species (Concealing Prey) 30 years. The average increase since strongest tropical storm to make landfall 1975 has been 0.48 degrees Fahrenheit on the island of Hawaii in recorded Vegetative cover can be more (°F) (0.27 degrees Celsius (°C)) per history. Subsequently, in 2016, important than prey abundance in the decade for annual mean temperature at made landfall on the selection of hunting sites by raptors elevations above 2,600 ft (800 m) and island of Hawaii but as a much weaker (Bechard 1982, p. 158). The Hawaiian 0.16 °F (0.09 °C) per decade for tropical storm. hawk typically uses still-hunting to elevations below 2,600 ft (800 m) Although changes in environmental capture prey by perching in trees or (Giambelluca et al. 2008, pp. 3–4). conditions are anticipated in response other vegetation (Griffin 1985, p. 162; Based on models using climate data to climate change, the cumulative data Clarkson and Laniawe 2000, p. 3). downscaled for Hawaii, the ambient suggests the Hawaiian hawk will likely Hunting is thought to be inhibited in temperature is projected to increase by be able to adapt to these changes and areas with close-standing trees that limit 3.8 to 7.7 °F (2.1 to 4.3 °C) over the 21st that the range of the Hawaiian hawk, the Hawaiian hawk’s ability to century, depending on elevation and which spans much of the island of maneuver in flight and areas where which of the four Representative Hawaii, will provide the species with there is dense understory where prey Concentration Pathway (RCP) emissions the redundancy and resiliency can hide. In addition, tree monocultures scenarios (RCP 2.6, 4.5, 6, and 8.5) are necessary to maintain viability under may not provide sufficient structural considered (Liao et al. 2015, p. 4344; such a stochastic or catastrophic event. complexity and plant species diversity van Vuuren et al. 2011, p.5; In addition, Hawaiian hawks have to support adequate prey abundances Intergovernmental Panel on Climate demonstrated the ability to maintain a (Felton et al. 2016, p. S128). However, Change 2014, p. 8). Environmental viable, steady population through exotic tree, shrub, and grass habitats had conditions in tropical montane habitats prolonged periods of drought (Gorresen similar hawk densities to some native can be strongly influenced by changes et al. 2008, entire; U.S. Drought habitats (e.g., mature native forest), but in sea surface temperature and Monitor-Hawaii Data 2019, entire), the were lower than densities recorded in atmospheric dynamics (Loope and introduction of nonnative plants and native forests with an understory of Giambelluca 1998, pp. 504–505; Pounds animals, changes in forest species grass (Klavitter et al. 2003, p. 169). The et al. 1999, pp. 611–612; Still et al. composition, changes in prey species, relationship between cover and 1999, p. 610; Benning et al. 2002, pp. and ongoing human development and demographic variables is likely to be 14,246–14,248; Giambelluca and Luke agricultural practices (Gorresen et al. complex given that a Hawaiian hawk’s 2007, pp. 13–15). On the main Hawaiian 2008). We acknowledge that there may home range may span several habitat Islands, predicted changes associated be unanticipated impacts on the types and that the effect of various with increases in temperature include a Hawaiian hawk associated with climate invasive species on total vegetation shift in vegetation zones upslope, a change; however, as outlined in our Post cover has not been well studied. similar shift in species’ ranges, Delisting Monitoring Plan, we will be Strawberry guava (Psidium changes in mean precipitation with monitoring the Hawaiian hawk and its cattleianum), a small to medium-sized unpredictable effects on local habitat for five 5-years cycles, which tree native to Brazil, is considered a environments, increased occurrence of will begin in 2024. If post-delisting potential threat to Hawaiian hawk drought cycles, and increases in monitoring detects a significant decline habitat and the species’ foraging intensity and numbers of hurricanes in the Hawaiian hawk population, or a abilities (State of Hawaii 2011, p. 46; (tropical cyclones with winds of 74 significant change in habitat so that it Gorresen et al. 2008, p. 24). Since its miles per hour or higher) (Loope and would not support a self-sustaining introduction in the early 19th century,

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strawberry guava has expanded into spreading across the State; ROD first stable population of approximately most of the native lowland forests of appeared on the island of Hawaii 3,000 individuals over decades, despite Hawaii, becoming the dominant species around 2013 (University of Hawaii the presence of ohia dieback, we do not in these areas (State of Hawaii 2011, pp. College of Tropical Agriculture and consider ohia dieback a threat to the 2–4). Strawberry guava forms Human Resources-Rapid Ohia Death survival of Hawaiian hawks. impenetrable stands of close-standing 2019, entire). In 2018, ROD was Ohia rust is a plant pathogen caused trees to the exclusion of all native detected on the island of Kauai. ROD is by the fungus species Puccinia psidii, species up to elevations of 2,100 ft (640 caused by two species of Ceratocystis which affects hundreds of plants in the m) in some areas in the Hamakua region fungi, C. huliohia and C. lukuohia, the Myrtaceae family including Eucalyptus of Hawaii and has begun to invade latter being the more virulent pathogen spp., Melaleuca spp., and Hawaii’s native forests on Hawaii to elevations as (Barnes et al. 2018, entire; University of native ohia. The strain of ohia rust high as 3,200 ft (975 m) (HDOA 2011, Hawaii College of Tropical Agriculture currently present in Hawaii likely in litt.; USFS 2016, p. 2). Land area and Human Resources-Rapid Ohia causes very little impact to ohia trees. covered by closed strawberry guava Death 2019, entire). With rapid spread Risk to Hawaiian hawks, however, forest is 39.4 sq mi (102.14 sq km) or and high stand mortality, all indications includes the possibility of a more potent 1.77 percent of the Hawaiian hawk’s thus far suggest that this particular ohia strain being introduced, and/or the range (Gorresen 2008, unpublished stressor could alone, or in conjunction possibility of ohia rust acting in concert data). Projected temperature and with other stressors, have far-reaching with other ohia stressors such as precipitation change in Hawaii will negative consequences for ohia forests. drought, the effects of climate change, or facilitate the continued spread of Humans and the abundant wood boring ohia wilt to compound cumulative strawberry guava from its present ambrosia beetle (Xyleborus spp.) are effects resulting in overall ohia forest distribution in low- and middle- thought to be the two primary vectors decline. However, because Hawaiian elevation, wet and mesic forests, into causing the rapid spread of ROD by hawks have maintained a stable higher elevation montane forests inadvertently spreading spores (College population of approximately 3,000 dominated by native species (Denslow of Tropical Agriculture and Human individuals over at least three decades, 2008, p. 1). Based on predicted Resources (CTAHR) 2019, in litt.; despite the presence of ohia rust, we do temperature and precipitation changes University of Hawaii College of Tropical not consider ohia rust a threat to the over the next 100 years (State of Hawaii Agriculture and Human Resources- survival of Hawaiian hawks. 2011, p. 4; McDermott 2009, p. 1; Price Rapid Ohia Death 2019, entire). Conservation Actions That Benefit the et al. 2009, slides 22 and 23), strawberry Thousands, if not tens-of-thousands, of Hawaiian Hawk and its Habitat guava could invade native forests on ohia trees (135,000 ac (54,633 ha)) have Hawaii to an elevation of approximately Since the Hawaiian hawk was listed been infected with ROD in just the past as an endangered species (32 FR 4001; 6,000 ft (1,828 m), encompassing few years, and openings in the tree virtually all current middle- and high- March 11, 1967), there has been a canopy in affected areas may encourage marked increase in protection of native elevation montane native forest with the spread of invasive, nonnative plants, large ohia trees. Our preliminary PVA forests, lands set aside for conservation further contributing to ohia forest in perpetuity, and ongoing on-the- indicates that if not abated, strawberry decline. Because Hawaiian hawks guava may impact Hawaiian hawk ground conservation efforts. occupy both native and nonnative Cumulatively, these actions have distribution in 30 or more years habitats, and reportedly do well in (Vorsino and Nelson 2016, unpublished resulted in increased protection for the mixed-exotic forests (Berger 1981, p. 79; Hawaiian hawk by securing potential data). However, as discussed below, Griffin 1985, pp. 70–72), the impact of there are measures in place to slow, if nesting, breeding, and hunting habitat ROD on Hawaiian hawks is yet to be (Gorresen et al. 2008, p. 26). Multiple not cease, the spread of strawberry determined. While we recognize that guava on Hawaii Island and across the landscape-scale conservation efforts are, ROD is a severe threat to the integrity or have been, implemented across the State. of native ohia forests and species solely As noted under Recovery Plan island of Hawaii by Federal, State, and dependent on ohia trees, because Implementation, above, a biocontrol private landowners, often in Hawaiian hawks do not solely depend agent for strawberry guava was released collaborative efforts. For example, in the on native forests and are highly in 2012, and the most recent data (2018) north Kona region, conservation actions shows the scale is spreading and adaptable, it is reasonable to conclude (e.g., outplanting native plants, beginning to weaken strawberry guava that the Hawaiian hawk will adapt to nonnative species removal, and fencing) trees by reducing fruiting. At this time, future changes in forest tree have been, and continue to be, impacts from strawberry guava have not composition and maintain its viability implemented by myriad partners in been shown to alter the Hawaiian in the foreseeable future. Additionally, Waimea (8 ac (3.2 ha)), the Lai Opua hawk’s population abundance or any habitat monitoring is included in the Dryland Preserve (70 ac (28 ha)), the stage of its life history. The best PDM plan. Kaupulehu dryland forest (76 ac (31 available data indicate that, despite the The primary factor behind ohia ha)), the Palamanui Dry Forest Preserve introduction of a variety of invasive dieback is the species’ trait of (72 ac (29 ha), and the Puu Waawaa plant species on the island of Hawaii, experiencing synchronized generational watershed (e.g., the multi-agency the population size and distribution of turnover following senescence of same- 38,885-ac (15,736-ha) Hawaii the Hawaiian hawk has remained age trees (Mueller-Dombois 1985, p. Experimental Tropical Forest, and the relatively unchanged for the past 30 150; Akashi and Mueller-Dombois 1995, 3,800-ac (1,538-ha) forest bird years. pp. 449–450). Ohia dieback in itself sanctuary) (Hawaii Forest Institute 2019, does not appear to be a significant threat entire; Kaahahui O Ka Nahelehe 2019, Invasive Species (Nonnative Pathogens in native forest areas; however, dieback entire; U.S. Forest Service-Pacific of Native Forest Pillar Species) events in some cases may create Southwest Research Station 2019, Rapid ohia death (ROD), a fungal conditions for nonnative plants to gain entire; DLNR 2003, p. 70). pathogen infecting ohia, one of Hawaii’s a foothold in native forests. Because The 32,733-ac (13,247-ha) Hakalau dominant forest trees, is currently Hawaiian hawks have maintained a Forest NWR (north Hilo region) was

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established by the Service in 1985, with The State of Hawaii’s initiative, The turn of the century, several large the primary purpose of promoting the Rain Follows the Forest, identified landowners (private, Federal, and State) recovery of endangered forest birds and priority watersheds and outlined on-the- ended their pastoral leases and have their habitat. The 5,300-ac (2,145-ha) ground actions and projects required to been steadily promoting natural Kona Forest Unit was added to the sustain Hawaii’s critical water sources regeneration to take the place of old Hakalau Forest NWR in 1997. The (DLNR 2011, p. 1). At the time of pastures (Koch and Walter 2018, in litt.). Hakalau Forest NWR now provides inception, only 10 percent of the The State is moving away from planting 38,033 ac (15,391 ha) of habitat for priority watershed areas were protected; exotic timber tree species and toward endangered forest birds and the however, The Rain Follows the Forest native species when economically Hawaiian hawk, as well as numerous sought to double the amount of feasible (Koch and Walter 2018, in litt.). threatened and endangered plants, protected watershed areas, including Additionally, through the Hawaii Forest insects, and the Hawaiian hoary bat some areas on island of Hawaii, in just Stewardship Program, small (e.g., 18 ac (opeapea, Lasiurus cinereus semotus). In 10 years. This initiative has been (7 ha)) private landowners are working 2003, Hawaii Volcanoes NP, in replaced by the Sustainable Hawaii with the State to convert old pasture collaboration with TNC, added the Initiative discussed below. land to native forest (DLNR 2017, in 115,828-ac (46,874-ha) Kahuku Unit In response to the 2016 World litt.). (previously Kahuku Ranch), increasing Conservation Congress Legacy The ongoing conservation actions the park’s size by 50 percent (Martin Commitment, the Governor of Hawaii across the island of Hawaii provide 2003, in litt.). The Nature Conservancy initiated the Sustainable Hawaii Hawaiian hawks potential breeding, also established the 8,089-ac (3,274-ha) Initiative: 30 by 30 Watershed Forests nesting, and foraging habitat. The above- Kona Hema Preserve (south Kona Target, which seeks to protect 30 mentioned actions highlight many of the region) between 1999 and 2003. percent (253,000 ac (102,385 ha)) of landscape-scale efforts underway that Additionally, in a collaborative effort, Hawaii’s highest priority watershed benefit Hawaiian hawks; however, there Hawaii DLNR’s Division of Forestry and forests by 2030 (Sustainable Hawaii are many more conservation efforts on Wildlife (DOFAW) and the USFS’ Initiative 2019, entire). Building upon the island (too numerous to list here) Institute of Pacific Island Forestry the conservation efforts conducted that also contribute to the conservation established the protected Laupahoehoe under The Rain Follows the Forest, of Hawaiian hawks. watershed efforts accelerated, and by natural area reserve (12,300 ac (4,979 Summary of Factor A ha)) along the Hamakua Coast, which is 2017, approximately 15 percent of A comparison of island-wide survey part of the Hawaii Experimental priority areas had a high level of protection (Sustainable Hawaii Initiative data in 2007 to similar data from 1998 Tropical Forest Project (U.S. Forest to 1999 indicates that the population Service 2018, in litt.). 2019, entire); State of Hawaii 2017, in litt.). This initiative includes, among numbers, densities, and spatial The KWP has been removing other objectives, fencing priority areas, distribution of Hawaiian hawks on the nonnative species (primarily plants, control of ungulates and other invasive island of Hawaii did not significantly rodents, and ungulates) and actively species, planting native tree and shrub change over the span of a decade. Also, restoring forested watershed habitat on species, and limiting the spread of ROD. the best available data indicate that the the island of Hawaii since 2003. The Forest restoration programs like the population size and distribution of the MKWA and TMA have been conducting Hawaiian Legacy Reforestation Hawaiian hawk remained relatively similar work since 2008. Combined, Initiative, USDA’s Forestry Program, unchanged for 30 or more years despite these efforts have improved over 19,000 and Hawaii’s Forest Stewardship being exposed to myriad threats (Service ac (7,689 ha) of forested watershed Program also benefit the Hawaiian hawk 1984; Griffin 1985, p. 25; Scott et al. habitat on the island of Hawaii (DLNR through restoration of relatively intact 1986, p. 79; Morrison et al. 1994, p. 23; 2011, p. 16). Collectively, these three native forests and reforestation of Hall et al. 1997, pp. 13–14; Klavitter watershed partnerships encompass pasture areas. The focus of these 2000, pp. 38, 96; Klavitter et al. 2003, approximately 1,668,300 ac (675,137 ha) programs over the last few decades has p. 170; Gorresen et al. 2008, p. 6). (Hawaii Association of Watershed been the development of a native Although new information shows some Partnerships 2019, entire). The TMA is hardwoods forestry industry with native potentially negative habitat trends due the largest watershed partnership in koa (Acacia koa) as the species of to urbanization, nonnative plant species Hawaii, encompassing 45 percent of the primary interest. Many nonnative invasion, climate change, and ROD, island of Hawaii. Within the land area timber plantations are switching to there are myriad conservation efforts covered by the TMA lies some of the native timber species post-harvest (Koch and lands that have been set aside for largest expanses of intact native forests and Walter 2018, in litt.; Walter 2018, conservation in perpetuity that benefit remaining in the islands, equating to pers. comm.). Although suitability of the Hawaiian hawk by providing approximately 50 percent of the State’s koa plantations for Hawaiian hawk potential breeding, nesting, and foraging remaining native habitat (Hawaii foraging and nesting has not been habitat. Although some habitat loss is Association of Watershed Partnerships studied, and hawk use of these areas expected in the future, this loss is likely 2019, entire). The overall mission for all may be variable, koa plantations may be to be a small percentage of the Hawaiian three of these island of Hawaii-based suitable depending upon the age of koa hawk’s habitat and is likely to be watershed partnerships (32 partners in stands, stand density, and overstory patchily distributed such that hawks are total) is to increase the effective characteristics related to harvest expected to continue to be widely management and protection of upper methods used. More research is needed, distributed on Hawaii. elevation watershed areas. The TMA’s as such characteristics of koa management goals for native forests plantations likely vary. B. Overutilization for Commercial, damaged by ungulate browsing and Overall, State and private foresters Recreational, Scientific, or Educational grazing are to restore ecosystem report that the forested area on the Purposes structure to improve and maintain island of Hawaii is increasing, Historically, some Hawaiian hawks watershed values and promote native particularly in native forest cover (Koch were taken for scientific collection (e.g., species diversity (TMA 2007, p. 26). and Walter 2018, in litt.). Starting at the Henshaw 1902, pp. 197–198; Banko

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1980, p. 2) and may also have been bacteriological or virological samples Bird Import Permit issued through the taken by the early Hawaiians for either were collected; therefore, these lesions Livestock Disease Control Branch for all food or feathers (Clarkson and Laniawe were not confirmed as avian pox. birds entering the State. Furthermore, 2000, p. 12). Neither of these factors is Disease has been identified as a the Hawaii State Department of Health known to currently threaten the potential factor that might lead to a has an ongoing, multi-agency WNV Hawaiian hawk. decline in the size of the Hawaiian surveillance program in place on all of Shooting was considered among the hawk population by reducing future the main Hawaiian Islands, which primary factors contributing to a reproduction and survival. In their involves surveillance for infected suspected population decline of the report (IRWG 2001, p. 3), they state, mosquitoes and dead birds, as well as Hawaiian hawk, but there has been no ‘‘disease could have a serious negative live-bird surveillance at major ports of data that would suggest that shooting impact on [the] Hawaiian hawk as the entry, equine surveillance, and human was the primary factor for the population does not appear to be surveillance (State of Hawaii 2006, in population decline (Berger 1981, p. 79; separated into disjunct subpopulations litt.). Griffin 1985, p. 108). People shot that could more easily evade an Hawaiian hawks because they outbreak. The panmictic nature of the To date, no cases of WNV have been mistakenly believed that the hawks population (i.e., a population where all reported in Hawaii; however, there is were ‘‘chicken hawks’’ (note: In the individuals are potential partners) may currently no certainty that the disease past, a dead Hawaiian hawk (cause of also limit genetic variability that could can be prevented from arriving and death unknown) was used as a contribute to pockets of disease spreading. Should this disease arrive on ‘‘scarecrow’’ to discourage predation on resistance, although genetic attributes the island of Hawaii, native birds may domestic poultry flocks sometime in the have not been directly studied.’’ be particularly susceptible, as they are late 1960s or early 1970s (Banko 1980, The Hawaiian hawk does not appear likely to be immunologically naive to p.6)). to be susceptible to diseases currently arboviruses such as WNV, and because According to our Office of Law established on the island of Hawaii, they evolved in the absence of biting Enforcement’s records, seven Hawaiian such as avian pox or malaria, that have insects (van Riper et al. 1986, p. 340). hawks were shot between 2013 and devastated many other endemic Furthermore, there are a number of 2018, most occurring in the Puna region. Hawaiian forest birds (Griffin 1985, pp. introduced birds (e.g., house sparrows Four of these cases occurred in 2018. 104–106; Griffin et al. 1998, pp. 658, and house finches) and mosquitoes (e.g., Incidences of Hawaiian hawk shootings 661). Culex quinquefasciatus) that could have occurred for decades yet the Emergent diseases, such as West Nile support WNV amplification in Hawaii Hawaiian hawk population remained virus, have the potential to influence and transport it from low to middle to stable despite such incidences. There is Hawaiian hawk viability in the future, high elevations (Marra et al. 2004, p. little evidence that shooting is a current but we cannot predict if or when that 398) throughout the range of the threat to the Hawaiian hawk at a may occur. West Nile virus (WNV), Hawaiian hawk. Nevertheless, the short- regional scale. With increased which is primarily transmitted by and long-term impacts of WNV on community outreach regarding the infected mosquitoes, has been reported wildlife are uncertain (Marra et al. 2004, Hawaiian hawk’s status on the island of in all of the 48 conterminous United p. 394), and it is uncertain whether the Hawaii, there no longer appears to be a States and is potentially fatal to many virus will ever arrive on the island of substantive threat to the species from species of birds, including members of Hawaii. Since the arrival of WNV on the shooting (Mello 2007, pers. comm.). the Buteo (Centers for Disease west coast of the United States in 2002 Control and Prevention (CDC) 2005, in C. Disease or Predation it has not been detected in Hawaii, litt.; 2007, in litt.). Transmission of which suggests Hawaii’s isolation from Neither disease nor predation is WNV to Hawaii could occur via the areas where WNV is already established currently known to substantively affect arrival of migrating bird species; via may provide some level of protection to the Hawaiian hawk population (Griffin transport of infected mosquitoes on its introduction in Hawaii. 1985, pp. 104–107, 194; Griffin et al. boats and planes; and through infected 1998, pp. 658, 661; Klavitter 2000, p. birds, animals, and humans. If WNV or another pathogenic avian 45). Introduced mammalian predators Through 2013, Hawaii and Alaska disease for which mosquitos are vectors (i.e., rats, cats, and mongooses) could were the only two States with no reaches Hawaii, pig rooting will aid in potentially prey on Hawaiian hawks or reported occurrences (human or bird) of the transmission of disease. Rooting pigs their eggs and are known to have serious WNV (State of Hawaii 2006, in litt.; CDC create wallows and other optimal impacts on other species of native 2007, in litt.; CDC 2017, in litt.; CDC breeding sites for mosquitoes that Hawaiian birds (Atkinson 1977, pp. 2019, in litt.). By the end of 2014, the transmit bird disease. Although the 120–122, 127–130; Scott et al. 1986, pp. CDC received one human WNV disease Hawaiian hawk does not appear to be 363–364; VanderWerf and Smith 2002, case reported by the State of Hawaii affected by avian malaria or avian pox, pp. 77–80). However, there is no (CDC 2017, in litt.); however, this should a novel disease such as West evidence of predation by these species incidence originated through exposure Nile virus be introduced to Hawaii, risk on Hawaiian hawks or their eggs. There outside of the State, and there has not of disease spread would be enhanced in is evidence, on the other hand, that been a subsequent report (State of areas with feral pig activity. Emerging introduced mammalian species are a Hawaii Department of Health 2018, in technology may help to reduce food resource for the hawk (Munro litt.; CDC 2019, in litt.). Surveillance for mosquito abundance and thereby also 1944, p. 48; Griffin 1985, pp. 142–145, WNV in Hawaii from 2002 to 2009, reducing the prevalence of the diseases Appendix 1; Griffin et al. 1998, p. 659). during which over 10,000 individual the mosquitoes transmit. An increase in Although the Hawaiian hawk birds were tested, found no infected conservation measures across the island population is not currently known to be birds. of Hawaii (also see Recovery Plan substantively affected by any diseases, To help prevent WNV from spreading Implementation, above), which include there has been observation of ‘‘pox-like’’ to Hawaii, the State’s Department of feral pig control and removal, benefit lesions on 2 of 44 captured hawks Agriculture has established a pre-arrival the Hawaiian hawk by decreasing the (Griffin 1985, pp. 104–105). No isolation requirement and a Poultry and spread of mosquito breeding habitat.

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Summary of Factor C Hawaii Volcanoes National Park and acquired. This protection will not be Neither predation nor bird diseases Haleakala National Park) on August 1, altered by delisting the Hawaiian hawk. currently established on Hawaii are 1916 (39 Stat. 432), ‘‘for the benefit and Federal delisting of the Hawaiian known to threaten the Hawaiian hawk. enjoyment of the people of the United hawk will automatically remove this States’’ (16 U.S.C. 391) and to provide West Nile virus and other emergent bird species from the State of Hawaii for, ‘‘the preservation from injury of all diseases have the potential to affect the threatened and endangered species lists timber, birds, mineral deposits, and species if they become established on under Hawaii Revised Statute (HRS) Hawaii. However, it is uncertain natural curiosities or wonders within said park, and their retention in their 195D–4. However, as a native species, whether such diseases will ever arrive. natural condition as nearly as possible’’ the hawk will continue to be afforded The State is currently implementing a (16 U.S.C. 394). Since that time, the the protection of the State in accordance prevention program to reduce the risk of enabling legislation of the park has been with HRS 195–1, which states that (1) WNV arrival. The State is also modified several times, both to establish the State of Hawaii possesses unique implementing a surveillance program so the national parks on the islands of natural resources, such as geological that it can detect the virus if it arrives, Hawaii and Maui as separate parks and and volcanological features and and take appropriate and timely action. to expand the boundary of Hawaii distinctive marine and terrestrial plants D. The Inadequacy of Existing Volcanoes National Park. Hawaii and animals, many of which occur Regulatory Mechanisms Volcanoes National Park protects nowhere else in the world, that are A variety of regulatory mechanisms, 330,086 ac (133,581 ha) of public land highly vulnerable to loss by the growth managed by State and Federal resource on Mauna Loa and Kilauea volcanoes on of population and technology; (2) these agencies, are in place to protect the the southeastern side of Hawaii Island unique natural assets should be (NPS 2017, p. 3). Hawaiian hawk and the habitats upon protected and preserved, both for the Although we are not aware of any which it depends. Although we are enjoyment of future generations, and to intent to use Hawaiian hawks for provide base lines against which delisting the Hawaiian hawk as of the falconry, regulations at 50 CFR 21.29 changes which are being made in the effective date of this final rule (see and 21.30 specifically authorize the DATES, above), the Hawaiian hawk will issuance of permits to take, possess, environments of Hawaii can be still be protected by the Migratory Bird transport, and engage in commerce with measured; (3) in order to accomplish Treaty Act (MBTA; 16 U.S.C. 703–712). raptors for falconry purposes and for these purposes the present system of The MBTA and its implementing propagation purposes. Certain criteria preserves, sanctuaries and refuges must regulations (50 CFR parts 20 and 21) must be met prior to issuance of these be strengthened, and additional areas of prohibit take, possession, import, permits, including a requirement that land and shoreline suitable for export, transport, sale, purchase, barter, the issuance will not threaten a wildlife preservation should be set aside and or offering for sale, purchase, or barter, population (50 CFR 13.21(b)(4)). administered solely and specifically for of any migratory bird, their eggs, parts, Another regulatory mechanism that the aforesaid purposes; and (4) that a and nests, except as authorized under a will continue to provide protection to statewide natural area reserves system valid permit (50 CFR 21.11). the Hawaiian hawk is the requirement should be established to preserve in The Hawaiian hawk and its habitat that pesticides be registered with the perpetuity specific land and water areas will continue to benefit from the Environmental Protection Agency which support communities, as National Wildlife Refuge System (EPA). Under the authority of the relatively unmodified as possible, of the Improvement Act of 1997 (Pub. L. 105– Federal Insecticide, Fungicide, and natural flora and fauna, as well as 57, October 9, 1997) that established the Rodenticide Act (7 U.S.C. 136 et seq.), protection of biodiversity as the primary geological sites, of Hawaii. [L 1970, c the Environmental Protection Agency 139, pt of § 1] Under State of Hawaii purpose of the NWR System. This has requires environmental testing of all Administrative Rules (HAR), it is led to various management actions to new pesticides. Testing the effects of prohibited to ‘‘catch, possess, injure, benefit federally listed species, pesticides on representative wildlife including development of species prior to pesticide registration is kill, destroy, sell, offer for sale, or comprehensive conservation plans specifically required. Only pesticides transport’’ any indigenous wildlife, as (CCPs) on NWRs. The CCPs typically set that have been determined not to pose well as to export any such species (HAR goals and list needed actions to protect unreasonable adverse effects on the 13–124–3), unless authorized by permit and enhance populations of key wildlife environment may be used in the United (HAR 13–124–4). species on NWR lands. Where Hawaiian States. This protection from effects of Multiple regulatory mechanisms hawks occur on NWR lands (Hakalau pesticides will not be altered by protect the Hawaiian hawk, and these Forest), their habitats in these areas are delisting the Hawaiian hawk. regulatory mechanisms (i.e., the MBTA, protected from large-scale loss or On June 28, 1979, the Hawaiian hawk National Wildlife Refuge System degradation due to the Service’s mission was included in Appendix II of the Improvement Act of 1997, Hawaii ‘‘to administer a national network of Convention on International Trade in National Park Act of 1916, EPA, CITES, lands and waters for the conservation, Endangered Species of Wild Fauna and HRS 195–1, 50 CFR 21.29 and 21.30, management, and where appropriate, Flora (CITES). This treaty was and the State’s HAR 13–124–3 and HAR restoration of the fish, wildlife, and established to prevent international plant resources and their habitats within trade that may be detrimental to the 13–124–4) will continue to provide the United States for the benefit of survival of plants and animals. protection to the Hawaiian hawk in the present and future generations of International trade is regulated through future after delisting. Approximately Americans’’ (16 U.S.C. 668dd(a)(2)). a system of CITES permits and 754 sq mi (1,953 sq km), or 32 percent, The Hawaiian hawk and its habitat certificates. CITES permits and of the Hawaiian hawk’s habitat is will also continue to benefit from the certificates may not be issued if trade located on protected lands in the form Hawaii National Park Act of 1916. will be detrimental to the survival of the of State and Federal forests, parks, and Congress established Hawaii National species or if the specimens being refuges. Park (later to become, separately, imported or exported were not legally

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E. Other Natural or Manmade Factors incidental take permit; however, neither educational purposes (shooting); disease Affecting Its Continued Existence HCP include Hawaiian hawks as they (avian pox and avian malaria) or are not anticipate to cause take of predation (nonnative rats, mice, Single Island Endemism Hawaiian hawks. Considering only a mongoose, cats, and dogs); inadequate Species that are endemic to a single single observation of a Hawaiian hawk regulatory mechanisms; and other island, such as the Hawaiian hawk, are has been reported over the last decade, natural or manmade factors (small inherently more vulnerable to extinction we do not consider wind turbines to range, single-island endemism, wind than widespread species because of the pose a threat to the Hawaiian hawk’s turbines, and contaminants and higher risks posed to a single population viability at this time. Monitoring at pesticides). Therefore, considering the by random demographic fluctuations Hawi will keep us informed if more potential impacts from any number of and localized catastrophes such as fires, Hawaiian hawks are observed in the combinations of the threats outlined in hurricanes, and disease outbreaks area and most certainly if a Hawaiian this rule, we find that the viability of the (IRWG 2001, p. 3). However, the hawk is harmed. Hawaiian hawks will Hawaiian hawk is not at risk from Hawaiian hawk is adaptable to a variety continue to be protected by the cumulative effects. Post-delisting of habitats and is relatively abundant Migratory Bird Treaty Act (see Factor D, monitoring will monitor the status of and widespread in suitable habitat on above). the Hawaiian hawk population and its much of the island, making it resilient The cumulative data show that the habitat to detect any changes in status to random demographic fluctuations or Hawaiian hawk has a low sensitivity to that may result from removing the localized catastrophes (e.g., volcanic environmental fluctuations and the Hawaiian hawk from the List of eruption). Even a large-scale catastrophe Hawaiian hawk viability is not currently Endangered and Threatened Wildlife such as a major hurricane or fire is jeopardized by the location of the three (50 CFR 17.11(h)). unlikely to cause the extinction or current wind farms on Hawaii island. endangerment of a hawk that can The Hawaiian hawk has maintained a Summary of Comments and effectively use regenerating forests as stable, self-reproducing population Recommendations foraging areas and can nest in relatively through fluctuations in human In total, we received 195 comment small patches of older forests that are population growth, urban and exurban letters on the proposal to delist the likely to remain intact following such an development, forestry practices, Hawaiian hawk and the draft post- event. conservation actions, type of prey, and delisting monitoring (PDM) plan. Four comments were from peer reviewers, Wind Facilities pesticide use. An individual’s sensitivity to environmental changes three of these on the proposed rule and There are currently three wind contributes substantially to its fitness, one on the PDM plan. Seven comment facilities on the island of Hawaii: Hawi, where a reduced sensitivity increases letters were from offices of the State of located near Hawi (16 wind turbine the fitness (Melbinger and Vergassola Hawaii, one comment letter was from generators), Pakini Nui, lnear South 2015, p. 2). We conclude that Hawaiian the County of Hawaii, and 183 Point (14 turbines), and Lalamilo near hawk viability is not currently at risk comments were from the general public. Kamuela, (5 turbines). While wind from environmental fluctuations. All substantive information provided turbines kill numerous bird and bat Similarly, despite broad use of during the comment periods has been species across the United States pesticides, including SGARs, and incorporated directly into this final (Hutchins 2016, in litt.; USFWS 2017, in detection of SCARs in Hawaiian hawk determination (see Summary of Changes litt.), including in Hawaii, we have no tissue, Hawaiian hawks maintained a from the Proposed Rule, above) or is reports of Hawaiian hawk fatalities stable self-reproducing population addressed below. caused by wind turbine collision. during a time period when SCARS were In accordance with our peer review Canine-assisted, standardized more commonly used (see Recovery policy published on July 1, 1994 (59 FR compliance monitoring for fatalities is Plan Implementation, above). 34270), we received expert opinion from conducted at Pakini Nui at 7-day four knowledgeable individuals with Cumulative Effects intervals, but the Lalamilo and Hawi scientific expertise that included projects do not currently have a We examined each of the five factors familiarity with the Hawaiian hawk and standardized monitoring program at this above individually and have determined its habitat, biological needs, and threats. time. To our knowledge, only one that none of these threats is substantive We reviewed all comments we Hawaiian hawk has been observed and none of these threats jeopardizes received from the peer reviewers for among all three Hawaii island wind the survival of the Hawaiian hawk. We substantive issues and new information facilities. In 2013, one Hawaiian hawk also examined the potential for the regarding the proposed delisting of the was observed at the Hawi wind facility. cumulative impact of such Hawaiian hawk. The peer reviewers A draft Habitat Conservation Plan (HCP) unsubstantive threats to be greater than generally agreed with our analysis in the framework for Hawi included a request the impact from each individual threat. proposed rule and provided additional for an incidental take permit to coverage The Hawaiian hawk has maintained a information, clarifications, and for up to three Hawaiian hawks (e.g., stable, self-sustaining population of suggestions to improve the final rule. adult, egg, fledgling) over a period of 20 between 2,500 and 3,000 individuals for Peer reviewer comments are addressed years; however, the project does not decades, with the most recent in the following summary and currently have an HCP nor has an population estimate at 3,000 individuals incorporated into the final application for an HCP been submitted. sustained over at least 10 years. The determination as appropriate. We consider the potential impacts from Hawaiian hawk has maintained viability Lalalimo and Pakini Nui wind facilities while experiencing varying degrees of Peer Review Comments on Hawaiian hawks to be negligible, habitat destruction or modification (1) Comment: All three of the peer while Hawi has the potential to impact (urbanization, agriculture, nonnative reviewers who commented on the individual Hawaiian hawks. Lalamilo is plant and animal species, fire, drought, proposed rule agreed with the analysis in the draft stage of State and Federal climate change, volcanic eruption, and used for proposing delisting. Reasons HCP preparation and Pakini Nui is in ROD); overutilization of the species for they provided for supporting our the process of finalizing an HCP and commercial, recreational, scientific, or analysis include the lack of evidence

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that the species’ range is contracting, (Klavitter and Marzluff 2007, entire; changes in the population status of survey information indicates the Gorresen et al. 2008, entire). The 2007 Hawaiian hawks in a timely way. In Hawaiian hawk population has been surveys (Gorresen et al. 2008, entire) 2009, the DLNR stated their stable over the last 20 to 30 years, and closely followed the same routes and appreciation to the Service for Hawaiian hawks use both native and locations as were counted in 1998–1999 developing the PDM plan to adequately nonnative habitats for breeding and (Klavitter 2000, entire). While stations monitor the Hawaiian hawk once hunting. Two of the peer reviewers mostly followed roads due to the need removed from the Federal List of stated that although ongoing threats to to survey many widely dispersed Endangered and Threatened Wildlife. In habitat continue, this is not of sufficient stations throughout the range of the 2014 and 2018, the DLNR supported magnitude that Hawaiian hawk would Hawaiian hawk, counts were conducted reclassifying the species as threatened become endangered or threatened in the at locations away from the road to (not delisting) and stated concern foreseeable future (defined as 20 years ensure traffic noise was limited. regarding the possible introduction of in the proposed rule). One peer reviewer Stations located along transects that did WNV. The DLNR also stated concern stated that the rule could be not follow roads were also included in that it is unclear given current substantially improved in several ways both surveys. Thus, any potential bias in information whether the small Hawaiian to make our analysis more clear. the analysis that could exist from the hawk population is sufficient to ensure Suggestions were to clarify that the most survey point locations would be the genetic viability into the future, and current population analysis (Gorresen et same in both datasets, allowing for recommended determining genetic al. 2008, entire), which used updated direct comparison of population trend attributes of the species. methodology, corrected for errors in between the two counts. No significant Our Response: We agree that regular past abundance estimates and showed difference in densities was found population monitoring is important to the population abundance of Hawaiian between years at either regional or detect any changes to the Hawaiian hawks has been approximately 3,000 island-wide scales. Thus, the population hawk population and to quickly identify birds for the past 30 years; and to better trend appears to be stable. the presence of new threats (e.g., WNV) convey the severity of the threats (3) Comment: One peer reviewer or the worsening of currently minor associated with loss or degradation of suggested we conduct a population threats. We recognize the existence of habitat, WNV, and conversion of viability assessment (PVA) to better potential future threats such as WNV agricultural land to eucalyptus. Another understand demographic patterns and (see Factor C discussion, above); peer reviewer commented they were not Hawaiian hawk population trajectory for however, to our knowledge, WNV is not convinced eucalyptus would be the foreseeable future. present in Hawaii and, therefore, not incompatible with Hawaiian hawk Our Response: A preliminary PVA currently a threat. The PDM plan foraging and nesting; rather, the size, that evaluated variations in survival and includes conducting island-wide juxtaposition, and density of the breeding success for female Hawaiian surveys every 5 years through 2044 to woodland will determine the use by hawks was developed (Vorsino and monitor for changes in the species’ Hawaiian hawks. Nelson 2016, unpublished data) for status. We have no evidence that the Our Response: We concur that there is native, mixed, and exotic habitat Hawaiian hawk population is suffering no evidence that the Hawaiian hawk’s (Gorresen et al. 2008, p. 15; Klavitter et from small population effects such as range is contracting, that data indicate al. 2003, p. 170). Although valuable data inbreeding depression. The population the species’ population is stable, and resulted from the PVA with respect to of Hawaiian hawks is stable, and has that Hawaiian hawks breed and forage Hawaiian hawk viability in specific been stable for the past several decades. in both native and nonnative habitats. In habitats over 30 years, it did not include (5) Comment: We received two addition, we have modified our all of the threats outlined in the comments from the State of Hawaii language under Summary of Factors proposed rule or this final rule, nor did Office of Hawaiian Affairs (OHA). In Affecting the Species to better clarify it consider ongoing conservation these, OHA stated the cultural the potential threats. We concur that it successes (e.g., strawberry guava significance of the Hawaiian hawk to is important to ensure this rule clearly biocontrol efforts, an increase in the Hawaiian people. Office of Hawaiian explains that the most current data conservation actions, and an increase in Affairs also stated concern regarding the show the Hawaiian hawk population overall acreage on which conservation amount of agriculturally zoned and non- has remained stable with a population occurs and lands are set aside for protected Hawaiian hawk habitat and abundance of approximately 3,000 birds conservation in perpetuity (see Recovery instances in which agriculturally zoned for the past 30 or more years. We also Plan Implementation, above)). parcels have been rezoned for agree that the forest structure is an Therefore, we have incorporated this subdivisions and large residential lots, important component of Hawaiian hawk PVA into the relevant analyses, but have which may have an adverse effect on habitat. not based our decision solely on it, Hawaiian hawks. In addition, OHA (2) Comment: One peer reviewer based on its limited scope and stated concern that the current commented conducting surveys along uncertainty. For details regarding the population of approximately 3,000 roadways and using audio playback PVA, please see ‘‘Demographics,’’ Hawaiian hawks was inadequate to recordings may have biased Hawaiian above. delist the species at least partially due hawk population survey results. to the species’ vulnerability to a single Our Response: During the 1998 to State Comments large catastrophic event given Hawaiian 1999 surveys, movements by Hawaiian (4) Comment: We received four hawks currently exist only on Hawaii. hawks in response to playback comment letters from the State of Office of Hawaiian Affairs suggested recordings were observed. A correction Hawaii Department of Land and Natural reintroducing Hawaiian hawks to other factor for undetected movements was Resources (DLNR), three regarding the islands as a way to reduce risk from a developed based on distances at which proposed rule and one regarding the large-scale catastrophic event. Hawaiian hawks were first seen or heard draft PDM plan. In 2008, the DLNR Our Response: We acknowledge and by paired observers. This correction supported delisting the Hawaiian hawk, greatly appreciate the cultural factor was used for the analysis of all but stressed the importance of adequate significance of Hawaiian hawks to the 1998 to 1999 and 2007 survey data monitoring to detect any potential Hawaiian people. We believe that the

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recovery of the hawk was made possible While we agree reintroducing Despite the steady urbanization of by the collective ongoing conservation Hawaiian hawks to other islands is a coastal and lowland dry ecosystem areas actions implemented by the private, way to reduce risk to Hawaiian hawks on the island of Hawaii over the past 30 State, and federal partners outlined from a large-scale catastrophic event, years, Hawaiian hawks have maintained under Recovery Plan Implementation because breeding populations of a stable, viable population. and Factor A, above. According to State Hawaiian hawks have not occurred on Additionally, the human population and private foresters, forest areas on the other islands in Hawaii for hundreds of growth rate on the island of Hawaii is island have increased, particularly years (if ever), establishing Hawaiian less than previously anticipated and native forest areas. hawks on other islands must be expected to level off in the early 2020s, There have not been substantial considered with caution as it could and subdivisions on the island have changes in zoning designations from disrupt ecosystems on other islands plateaued (see Recovery Plan conservation lands to agriculture in (e.g., predator-prey relationships). Implementation and Factor A recent decades. However, there have (6) Comment: We received one discussion, above). Further, there are been many instances of applications for comment from the Council of the many ongoing conservation efforts to administrative approval for zoning County of Hawaii containing a restore native habitats on the island of changes from larger agricultural acreage resolution in support of maintaining the Hawaii that benefit Hawaiian hawks by to smaller agricultural acreage, Hawaiian hawk on the Federal List of providing potential breeding, nesting, agricultural to single family residential, Endangered and Threatened Wildlife and foraging habitat (e.g., perches). To and single family residential to general based on concerns about the limited better explain these conservation efforts, commercial. Building of subdivisions on range (only the island of Hawaii) of the we added information under our Factor agriculture lands will likely have Hawaiian hawk; broad-scale loss of A discussion, above. adverse effects on Hawaiian hawks nesting, fledgling, and perching habitat (8) Comment: Several commenters because of loss of trees for nesting and for the hawk; development of provided information on applications perching, and possible effects of human agricultural lands; cutting of native for administrative approval for zoning disturbance. However, there are also forests; and urbanization. changes from agricultural to residential many conservation efforts to protect Our Response: We evaluated the and for subdivision of agricultural habitat on the island of Hawaii (see County’s concerns and addressed them lands. These commenters stated concern Recovery Plan Implementation and the in our threats analysis and throughout that this will encourage housing Factor A discussion, above), and our the preamble of this rule (see Recovery development. analysis considers those. Plan Implementation and Factor A Our Response: We agree that zoning We acknowledge the current discussion, above). changes from agricultural to residential population of approximately 3,000 and subdivision of agricultural lands Public Comments Hawaiian hawks may be considered will encourage housing or other small and is possibly vulnerable to a (7) Comment: Several commenters development in these areas, which may single large catastrophic event, such as provided evidence of loss of Hawaiian negatively affect Hawaiian hawk habitat. an extremely large hurricane directly hawk habitat to housing development. However, despite such zoning changes hitting the island or the introduction of Several commenters said they saw fewer occurring steadily over the past several WNV; however, we do not believe that Hawaiian hawks than previously in decades, Hawaiian hawks have it is likely that a hurricane will occur at areas with recent development. maintained a stable and viable a scale that would endanger the Our Response: We examined the population for at least 30 years. See Hawaiian hawk in the foreseeable evidence and conducted further Recovery Planning Implementation and future, nor is it likely that WNV will research on degradation and loss of our Factor A discussion, above, as well arrive on Hawaii island due to the Hawaiian hawk habitat as a result of as our response to Comment (7). efforts being made to prevent the housing development, agriculture, and (9) Comment: Several commenters introduction of WNV. In determining urban development under Factor A of provided information on forest clearing whether a species in danger of our threats analysis. Mean Hawaiian in the Puna and Kona regions, and extinction within the foreseeable future, hawk density in native forests is almost provided evidence of the building of we need to be able to reasonably four times greater than Hawaiian hawk large home-type dwellings in the Kona determine that both the future threats density in areas with housing region in areas zoned for agricultural and the species’ responses to those development (Gorresen et al. 2008, pp. use. threats are likely. We placed primary 10–11, 47). The reason for higher Our Response: We examined emphasis for our five-factor analysis on densities of Hawaiian hawks in native information on forest loss, forest gain, threats currently present and those we forest is greater abundance of prey and and percentage of forest cover for could reliably predict to occur in the nest sites and lack of human Hawaii County, which was gathered foreseeable future. In part because of disturbance or harassment (Klavitter using high-resolution satellite imagery, potential threats (e.g., a major hurricane 2000, p. 14). While some studies on for the years 2000 to 2012 (Hansen et al. or new disease) we intend to monitor other Buteo species found evidence of 2013, entire), to better understand the status of the Hawaiian hawk, in reduced reproductive rates in areas with potential effects of forest clearing on cooperation with DOFAW, the NPS, and human habitation (Bosakowski et al. Hawaiian hawk habitat. Satellite images USGS–BRD, through periodic (every 5 1992, p. 444; England et al. 1995, p. revealed many small areas of recent years starting in 2024) island-wide 179), other studies on Buteo species forest clearing in both the Puna and surveys. The Act requires post delisting outside of Hawaii have found that Kona regions. Most of this was within monitoring for no less than 5 years. If reproductive success was not affected already existing suburban areas; data from these surveys or from some by the degree of urbanization around however, some was in adjacent mixed other source indicates significant nest sites, and that reproductive rates of native-exotic and mature native forest. declines in Hawaiian hawk distribution Buteo species in areas of human habitat Some forest loss in the Kona region was and abundance, the Service will were not affected by urbanization in areas zoned for agricultural use, and consider initiating procedures to re-list (Rottenborn 2000, p. 18; Dyukstra et al. large residential-type homes were built the Hawaiian hawk. 2000, p. 401). in recently cleared areas. In general, we

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found forest clearing to negatively affect would have discountable impacts to native species when economically Hawaiian hawk habitat through the Hawaiian hawks and their habitat. feasible (Koch and Walter 2018, in litt.). removal of trees that the Hawaiian hawk (11) Comment: Some commenters Island-wide, there has been an increase uses for perching and nesting, but these stated concerns that cattle grazing may in forested areas, particularly native effects are to individual birds who can cause forest degradation that is harmful forest areas (Koch and Walter 2018, in move to new territories and not to the to Hawaiian hawks. litt.). The shift in forestry practices population as a whole. In 2018, both Our Response: Open canopy native listed above, in conjunction with the State and private foresters on the island forest with a grass understory supports increase in conservation measures and of Hawaii reported that forested areas on the highest densities of Hawaiian hawks lands set aside for conservation in the island have increased, particularly because it provides many large ohia perpetuity (see Recovery Plan native forest areas. We address forest trees for perching and nesting, ample Implementation and Factor A loss and gain further and provide small prey for food, and open forest discussion, above), leads us to conclude information on related conservation understory that provides fewer places that current forestry practices do not actions under our Factor A discussion, for prey to hide (Gorresen et al. 2008, p. threaten the continued survival of above. 47). Intensive cattle grazing in dry and Hawaiian hawks. (10) Comment: Many commenters mesic forest leads to a reduction of (13) Comment: Several commenters suggested agricultural practices may be overstory canopy and the conversion stated concerns that planned growth for having a negative effect on Hawaiian over time of native forest to open renewable energy production in Hawaii hawk habitat. grassland that is unusable by Hawaiian County may negatively affect Hawaiian hawks because of the lack of trees for Our Response: Agricultural practices hawk habitat and that wind energy perching, nesting, and hunting have a negative effect on Hawaiian production by on-shore wind turbines (Blackmore and Vitousek 2000, pp. 625, hawk habitat when the result is a net could cause Hawaiian hawk mortality. 627, 629; Klavitter 2003, p. 170). loss of forest and nesting habitat and However, starting at the turn of the Our Response: We examined current fewer perching sites from which the century, several large landowners renewable energy production in Hawaii hawk may hunt (Gorresen et al. 2008, p. (private, Federal, and State) ended their County and potential effects of 23; Klavitter and Marzluff 2007, p. 172). pastoral leases and are steadily renewable energy on Hawaiian hawks Approximately 55 percent of the land promoting natural regeneration to take and their habitat. Potential sources of area within the Hawaiian hawk’s range the place of old pastures (Koch and renewable energy on Hawaii primarily is designated for intensive agriculture, Walter 2018, in litt.). Further, State and include biofuel and wind energy and a small portion of this for industrial private foresters report that there is production. Some of the potential crops and urban use. The remaining 45 actually an increase in forested areas on for renewable energy include percent is designated for conservation the island, particularly native forest sunflowers (herb) and Jatropha curcas (County of Hawaii 2005a, as amended, areas (see Recovery Plan (large shrub to small trees) from which pp. 14–3–14–6; Gorresen et al. 2008, pp. Implementation and Factor A oils are extracted. All of the lands 22, 44). discussion, above). considered for biofuel crop production In the past, agricultural practices have (12) Comment: Several commenters are already zoned for agriculture. resulted in a net loss of forest and stated concerns that commercial Examples include fallow sugarcane nesting habitat and fewer perching sites forestry, particularly eucalyptus, may fields and areas currently being used for from which the Hawaiian hawk may negatively affect Hawaiian hawk habitat diversified agriculture, grazing, and hunt. However, as of 2018, both State by replacing moderate quality timber production. Some renewable and private foresters report there is an agricultural lands, which provide large biofuel (crops/lands) may continue to increase in forested areas on the island, trees for perching and open sites for provide suitable habitat for Hawaiian particularly native forest areas, and that hunting, with forest monocultures. hawks, whereas, depending on the crop, many old pasturelands are slowly being Our Response: We examined the others may not. There is currently only converted to native forests (see Recovery extent of commercial forestry in Hawaii one biofuel plant on the island of Plan Implementation and Factor A County and the quality of commercial Hawaii, and we are unaware of plans for discussion, above). Large orchards have forest in providing hunting and nesting additional biofuel plants. Further, of the lower hawk densities than smaller opportunities for Hawaiian hawks. total available lands on the island that orchards because these have fewer trees Large monocultures of eucalyptus are meet the minimum requirements for for perching and from which to hunt. only marginally usable habitat for biofuel crop production (757,518 ac), Orchard areas in the Kona region had Hawaiian hawks because forest only 11 percent (82,000 ac) are suitable significantly lower Hawaiian hawk monocultures do not provide the (Hawaii Military Biofuels Crop Program density than native forest and mixed complex forest structure that likely (Task 6) 2015, p. 18). As of 2018, there native exotic forest for the same region. supports greater prey abundance and are no farms on the island of Hawaii Approximately 2.1 percent (47 sq mi the more open understory the Hawaiian dedicated solely to biofuel production (121 sq km)) of the Hawaiian hawk’s hawk needs for hunting. Approximately (Long 2018, pers. comm.) (see also range is in orchards planted in coffee, 11.6 sq mi (30 sq km) of mostly fallow ‘‘Conversion of Sugarcane Fields to papaya, and macadamia nuts (Melrose agricultural lands have been converted Unsuitable Habitat,’’ above). There are and Delparte 2012, p. 34). Based on the to forestry plantations on Hawaii since three on-shore wind farms on Hawaii best available information for acreage the year 2000. More and more timber that generate energy using wind trends for coffee, papaya, and plantations are shifting their cultivation turbines. All downed endangered or macadamia nuts, and State and private to native trees, mostly koa (Acacia koa), threatened birds and bats are reported to forester reports of increased forest areas and harvest timber in patchwork our office. We are unaware of any (particularly native forest) across the patterns versus clear cutting to maintain downed Hawaiian hawks resulting from island, we expect only a small increase habitat for native birds such as the wind turbines. Therefore, we do not (less than 0.5 percent) in areas of Hawaiian hawk. Additionally, the State consider biofuel production (crops or intensive agriculture in the foreseeable is moving away from planting exotic facilities) or wind turbines to be a threat future. We consider such an increase timber tree species and toward planting to Hawaiian hawks.

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(14) Comment: Several commenters Our Response: According to the USGS Kilauea have been destroyed by lava. stated concerns that drought and (2019, in litt.), ‘‘the sulfuric acid Kilauea’s most recent increase in invasion of fire-tolerant nonnative droplets in vog have the corrosive activity began in May 2018, and by mid- grasses pose a threat to Hawaiian hawk properties of dilute battery acid. When August 2018, the increase in activity habitat by increasing fire frequency and vog mixes directly with moisture on the decreased in some areas and ceased in intensity. Some of these commenters leaves of plants it can cause severe others. During its most recent activity, also commented that climate change chemical burns, which can damage or Kilauea exuded enough lava to cover will increase drought frequency and kill plants. Sulfur dioxide gas can also hundreds of human-made structures intensity. diffuse through leaves and dissolve to and approximately half of the Malama Our Response: We address the risk of form acid conditions within plant Ki Forest Reserve (1,514 ac (613 ha)) fire and drought under ‘‘Invasive Plant tissues.’’ The USGS also reports that (DLNR 2018, in litt.; West Hawaii Today Species, Drought, and Increase in Fire farmers on the island of Hawaii, 2018, in litt.). Half of the Malama Ki Frequency,’’ above. We also added a particularly in the Kau district, have Forest Reserve makes up only a fraction discussion on drought to our fire risk reported loss of agricultural crops and of Hawaiian hawk habitat. analysis. Additionally, we examined the flowers as a result of sulfur dioxide Hawaiian forests have evolved effects of a drying climate and drought emissions from a gas vent at Kilauea’s alongside Kilauea. Once lava cools, on Hawaiian hawk habitat, as discussed summit. Most agricultural damage native plants quickly recolonize through in our October 30, 2018, Federal occurs just down slope of the volcano a process called primary succession, Register publication (83 FR 54561) to (e.g., Kau) (Nelson and Sewake 2008, p. which refers to the progressive reopen the proposed delisting rule’s 1), as well as in the Kona area (Kratky establishment of vegetation on a barren comment period, and have subsequently 1997, in litt.; USGS 2019, in litt.). substrate (e.g., lava flow or glacial added to our discussions in this rule Some agricultural crops have retreat). On the island of Hawaii, under ‘‘Invasive Plant Species, Drought, demonstrated resistance to vog (Nelson primary succession usually starts with and Increase in Fire Frequency’’ and and Sewake 2008, p. 2; USGS 2019, in lichens and fungi, followed by ferns and ‘‘Invasive Species (Concealing Prey)’’ as litt.). Native plants in Kilauea and then ohia trees and other native plants it pertains to strawberry guava. surrounding areas have evolved to live (Kitayama et al. 1995, pp. 215–219; Although fire and drought pose risks to with frequent volcanic eruptions and Muller-Dombois and Boehmer 2013, Hawaiian hawks and their habitat, fires associated vog (Nelson and Sewake entire). and prolonged periods of droughts have 2008, p. 2). Ohia, one of the dominant Although ongoing volcanic eruptions occurred on the island of Hawaii, forest trees across the main Hawaiian have the potential to destroy much or all including between survey periods Islands, can close its stomata (gas of the habitat in Hawaii Volcanoes (Hawaii Wildfire Management exchange cells) during periods of high National Park and surrounding areas, Organization 2019, in litt.; U.S. Drought sulfur dioxide exposure to protect itself Hawaiian hawks have evolved alongside Monitor 2019, in litt.), and the Hawaiian from vog damage (USGS 2019, in litt.). volcanic activity on the island of hawk population remained stable. Additionally, the nonnative plants that Hawaii, and despite past volcanic Therefore, at this time, we conclude that provide or contribute toward Hawaiian activity, Hawaiian hawks have neither drought nor fire is a risk to the hawk habitat have become established maintained a stable population of survival of Hawaiian hawks. species despite the active volcano and approximately 3,000 individuals for at (15) Comment: Many commenters associated vog. Because both native and least 30 years. We conclude that the stated concerns that Hawaiian hawk nonnative plants persist despite recent increase in Kilauea’s activity is habitat is threatened by invasion of multiple eruptions and periods of high not a threat to the survival of the nonnative, ecosystem-altering plant vog emissions, we conclude that vog is Hawaiian hawk. species, such as strawberry guava. not detrimental to plant species that (18) Comment: Many commenters felt Our Response: We examine effects of contribute toward or support (e.g., we had not adequately addressed nonnative plant species on Hawaiian native-mixed forest) Hawaiian hawks potential impacts of hurricanes on hawk habitat under ‘‘Invasive Plant and, therefore, does not constitute not a Hawaiian hawks, especially because Species, Drought, and Increase in Fire threat to the survival of the Hawaiian current data suggest that Hawaii will Frequency’’ and ‘‘Invasive Species hawk. have more frequent and intense (Concealing Prey),’’ above. Additionally, (17) Comment: Many commenters hurricanes due to climate change. we added to this rule a discussion stated concerns that Hawaiian hawk Our Response: Large portions of the regarding the potential impacts of habitat may be destroyed by lava flows. Hawaiian hawk’s range on Hawaii are in strawberry guava under Our Response: The majority of montane upland areas that are ‘‘Demographics,’’ Recovery Plan Hawaiian hawk habitat is on the active potentially more vulnerable to damage Implementation, and ‘‘Invasive Species volcanoes of Mauna Loa, Kilauea, and from hurricanes, Should the eye of a (Concealing Prey).’’ Although nonnative Hualalai. The land area covered by lava powerful hurricane strike the island of species and other factors may during past volcanic eruptions for these Hawaii it would cause widespread potentially impact Hawaiian hawks and volcanoes has been as much as 1 damage to ohia trees and other trees their habitat, many ongoing percent of the Hawaiian hawk’s range. Hawaiian hawks use for nesting and conservation actions taking place Kilauea is one of the most active perching, which would create counter such negative impacts (see our volcanoes in the world. Kilauea had conditions that may allow for expansion Factor A discussion, above). nearly continuous activity during the of nonnative, ecosystem-disrupting Additionally, forest habitat (particularly 19th century and early part of the 20th plants. A strong hurricane would not native forest areas) is increasing now on century, and since 1952, there have only alter Hawaiian hawk habitat, it the island of Hawaii (Koch and Walter been 34 eruptions (USGS 2018, in litt.). would likely cause an increase in 2018, in litt.). In 1983, an eruption along the East Rift mortality of nestlings and young birds (16) Comment: Several commenters Zone of Kilauea began and has not for a period of time. However, despite stated concerns that Hawaiian hawk stopped to this day (Rubin 2018, in litt.). current data indicating an increase in habitat may be negatively affected by Periodically since 1983, both natural frequency and intensity of hurricanes in volcanic gas (vog). and human habitats in and around Hawaii, it is unknown when or if a

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major hurricane will occur on the island Our Response: We are delisting the surveillance program in place on all of of Hawaii on a scale that would Hawaiian hawk because the species no the main Hawaiian Islands, which decrease the viability of the species. longer meets the definition of an involves surveillance for infected Additionally, the cumulative data endangered species or a threatened mosquitoes and dead birds, as well as indicates that the range of the Hawaiian species under the Act. The Io Recovery live-bird surveillance at major ports of hawk, which spans much of the island Working Group (IRWG), in a report entry, equine surveillance, and human of Hawaii, will provide the species with submitted to the Service in 2001 (IRWG surveillance (State of Hawaii 2006, in the redundancy and resiliency 2001, pp. 2–3), stated neither Hawaiian litt.). See our discussion above under necessary to maintain viability under hawk behavioral modification nor Factor C for further details. Because such a stochastic or catastrophic event. Hawaiian hawk removal will be a WNV is not currently in Hawaii, we do Please also see Factor A, above. successful strategy to reduce predation not consider it a threat to the survival (19) Comment: Several commenters on alala; therefore, we do not anticipate of Hawaiian hawks. felt we had not adequately addressed Hawaiian hawk management to be a (24) Comment: Some commenters potential impacts of disease and feral viable method for recovering the alala. stated concerns that Hawaiian hawks ungulates to ohia. (22) Comment: Several commenters might be poisoned by rodenticides and Our Response: In response to these stated concern that delisting Hawaiian the broad-scale killing of rats may result comments, we examined a number of hawks would remove the protections of in less food for Hawaiian hawks. factors affecting ohia, including effects the Endangered Species Act; therefore, Our Response: Rodenticides are of feral ungulates, ohia dieback, ohia Hawaiian hawks would be hunted and widely used in agriculture and rust, and rapid ohia death (ROD). While suffer other forms of persecution. One of residential areas to prevent crop and nonnative feral ungulates and the these commenters specified that pigeon property damage and to protect human aforementioned diseases do impact ohia fanciers may want to harm or harass health. These rodenticides vary in their forest habitat, the Hawaiian hawk has Hawaiian hawks to prevent Hawaiian toxicity to the natural environment and risk to non-target animal exposure. A adapted to use both native, nonnative, hawks from killing pigeons. One recent study was commissioned by the and mixed forest habitats for both commenter reported hearing ‘‘air rifles’’ Service to quantify the exposure of a bat nesting and hunting. Further, despite when pigeon fanciers were flying birds and several bird species, including the presence of ohia dieback and ohia and Hawaiian hawks were in the air. Our Response: After the effective date Hawaiian hawks, to rodenticides in rust, Hawaiian hawk numbers have of this rule (see DATES, above), the Hawaii. Some of the Hawaiian hawk remained stable. For further details of Hawaiian hawk will still be protected carcasses tested positive for this analysis, please see Factor A, above. under the MBTA, the Hawaii Revised rodenticides; however, as of 2011, the (20) Comment: Many commenters Statute (HRS) 195–1, and the Hawaii most environmentally toxic rodenticides noted they had heard of Hawaiian Administrative Rules (HAR) 13–124–3. (SGARs) have been banned except for hawks being shot by farmers and The MBTA and its implementing specific uses (e.g., around agricultural hunters. Several of these commenters regulations (50 CFR parts 20 and 21) buildings). For more information on the reported Hawaiian hawks were shot prohibit take (killing or harming), study and its results, see Recovery Plan because they are considered a threat to possession, import, export, transport, Implementation, above. Killing rats may poultry. selling, purchase, barter, or offering for reduce available food for Hawaiian Our Response: We have evaluated sale, purchase or barter, any migratory hawks in some areas; however, there are gunshot wound cases under Recovery bird, their eggs, parts, and nests, except other foods available for the Hawaiian Plan Implementation and our Factor B as authorized under a valid permit (50 hawk including birds and insects. discussion, above. According to our CFR 21.11). The HAR 13–124–3 Because Hawaiian hawks have records, there have been seven provides similar protections. HRS 195– maintained a stable population of documented cases that involve 1 requires the State to protect and approximately 3,000 individuals over at Hawaiian hawk gunshot wounds preserve indigenous species of marine least three decades, despite the more between 2013 and 2018. Four of these and terrestrial animals and plants. widespread use of SGARs prior to 2011, occurred in 2018. This information (23) Comment: Several commenters we do not consider rodenticides to be a shows some level of persecution; noted a threat to Hawaiian hawks from threat to the survival of the Hawaiian however, it appears this is not occurring the possible introduction of novel bird hawk. over a large scale or affecting large diseases including West Nile virus (25) Comment: Several commenters numbers of Hawaiian hawks. Outreach (WNV) and the importance of felt because the Hawaiian hawk to farmers and hunters regarding the environmental screening for these population is small, the species should State-protected status of the Hawaiian threats. not be delisted. Some of these also hawks and their cultural importance Our Response: Hawaiian hawks do commented that Hawaiian hawk females may help reduce negative perceptions not appear to be susceptible to diseases typically only produce one to three eggs and subsequent incidence of currently established on the island of per year, and most frequently only one. persecution. When this rule is effective Hawaii, such as avian pox or avian Our Response: The Hawaiian hawk (see DATES, above), shooting of Hawaiian malaria. Since 2002, the State has population of approximately 3,000 hawks will remain illegal under both implemented an active WNV individuals has been stable for at least the MBTA and Hawaii State law. surveillance program at all ports, and no 30 years. Although historical sightings (21) Comment: Several commenters WNV has been detected in Hawaii to and fossil records show the Hawaiian thought at least one motivation for date. The State’s Department of hawk may have once bred on adjacent proposed delisting was to remove Agriculture has established a pre-arrival islands in Hawaii, there are no protections in order to allow greater isolation requirement and a Poultry and quantitative data to show an actual latitude to manage Hawaiian hawks Bird Import Permit issued through the range contraction or decrease in should one attack an endangered Livestock Disease Control Branch for all population abundance. The Hawaiian (alala; Corvus birds entering the State. Furthermore, hawk still occupies its entire historical hawaiiensis) that is planned for the Hawaii State Department of Health range. The Hawaiian hawk does have a reintroduction. has an ongoing, multi-agency WNV slow reproductive rate, often producing

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only one offspring per year; however, (28) Comment: Several commenters 2018 PDM plan guidance co-authored despite this slow reproductive rate, the said the Hawaiian hawk is an aumakua, by the Service and the National Oceanic Hawaiian hawk has maintained a viable, or family guardian, for some Hawaiian Atmospheric Administration, post- stable population. After assessing the families. Many commenters felt it delisting monitoring refers to activities best available information, we inappropriate to delist the Hawaiian undertaken to verify that a species concluded the Hawaiian hawk does not hawk because it is culturally important delisted due to recovery remains secure meet the definition of an endangered or to native Hawaiians and should, from risk of extinction after the threatened species. therefore, retain protections under the protections of the Act no longer apply. (26) Comment: Many commenters Act. The primary goal is to monitor the expressed concern that the Hawaiian Our Response: We acknowledge and species to ensure the status does not hawk’s range is limited to a single appreciate the cultural importance of deteriorate, and if a substantial decline island. Some of these commenters felt the Hawaiian hawk to the Hawaiian in the species (number of individuals or because the Hawaiian hawk’s range people. Although the cultural and populations) or an increase in threats is once may have included other Hawaiian spiritual significance of a species listed detected, to take measures to halt the islands, it should be reestablished on under the Act is not part of the five- decline so that re-proposing it as these islands before being considered factor analysis we must employ when endangered or threatened is not needed. for future status change. evaluating species for a possible change The Act does not require the Our Response: Although the Hawaiian in listing status, we carefully assess the development of a formal PDM plan. hawk may have once occurred on other best scientific and commercial data However, the Service finds that Hawaiian islands, there are no available regarding the status of the planning documents substantially quantitative data to show an actual species to make our listing contribute to the effective range contraction or decrease in determination. implementation of section 4(g) of the (29) Comment: Many commenters population abundance. Additionally, Act by guiding collection and stated that there are insufficient data to there is no evidence that a breeding evaluation of pertinent information over delist the Hawaiian hawk. the monitoring period and articulating population of Hawaiian hawks once Our Response: After reviewing the existed on another island, and the associated funding needs. If post- best available scientific and commercial delisting monitoring detects a introducing a predator to an ecosystem data, we conclude that the Hawaiian in which it was not naturally occurring significant decline in the Hawaiian hawk has recovered such that it does hawk population, or a significant may result in negative consequences to not meet the definition of a threatened change in habitat so that it would not other native species. See also our species or endangered species. The support a self-sustaining Hawaiian responses to Comments (5) and (25). Hawaiian hawk was likely more hawk population, relisting may be Because we do not believe that the abundant at the time of listing than data warranted. For additional discussion, historical range of the Hawaiian hawk at that time indicated, and the species see Future Conservation Measures, included other islands, we do not find has maintained a stable population of below. For information on how to view it appropriate to reintroduce Hawaiian approximately 3,000 individuals for the updated PDM plan, see Post- hawks outside of its known native decades. Additionally, there are Delisting Monitoring Plan Overview, range. In addition, the species no longer increasingly more conservation efforts below. meets the definition of an endangered that have been implemented on the (32) One commenter stated there is species or a threatened species. island of Hawaii and across the State, as not enough biosecurity in Hawaii to (27) Comment: Several commenters well as increasingly more lands set protect the Hawaiian hawk from stated that because of differences among aside for conservation in perpetuity. introduced harmful nonnative species population estimates, and the wide The Hawaiian hawk will continue to be and diseases. confidence intervals for these, that monitored as outlined in the PDM plan, Our Response: Biosecurity is an Hawaiian hawks should not be which has been updated after ongoing challenge in Hawaii; however, considered for delisting. undergoing peer review. biosecurity is not currently considered a Our Response: Although the earliest (30) Comment: A few commenters threat to the Hawaiian hawk. See our surveys were conducted using some stated that this rule is arbitrary and discussions in this rule under Recovery methods that may have contributed to capricious. Plan Implementation, Factor C, and inaccuracies in the population estimates Our Response: We based our Factor D. and later surveys have wide confidence proposed rule and this rule on the best (33) Comment: One commenter intervals, early population survey scientific and commercially available expressed concern over predation of results consistently indicate the data, and we sought peer review and Hawaiian hawks by nonnative animals Hawaiian hawk population remained public comment on the proposed rule such rats, mice, cats, and mongooses. between 2,000 and 2,500 individuals during five comment periods, over a Our Response: Hawaiian hawks are between 1983 and 1997, while the more total of 270 days. The cumulative data top predators, and most nonnative recent survey data from 1998 and 2007– suggest that the Hawaiian hawk’s species that are predators of other native 2008 indicate that the Hawaiian hawk viability is not currently threatened by animal species are actually prey to has maintained a self-sustaining any of the five factors outlined in Hawaiian hawks (e.g., rats, mice, population of approximately 3,000 section 4(a)(1) of the Act and currently mongoose). Cats (domestic and feral) are individuals for approximately 10 years. maintains a self-sustaining population. the exception; however, data indicate In order to clarify the trends in (31) Comment: Two commenters that cats are not currently a factor population status, we added language stated the PDM plan is weak, one noting impeding Hawaiian hawk population under Species Information. further that it does not address delisting success. Please see our discussion above Additionally, we based our analysis on criteria. under Factor C. the five factors outlined in section 4 of Our Response: Based on peer review (34) Comment: One commenter stated the Act, as discussed in this rule under and other relevant comments, we have that there are inadequate regulatory Summary of Factors Affecting the revised the PDM plan to include habitat mechanisms, and therefore, the Species. monitoring. According to the updated Hawaiian hawk should not be delisted.

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Our Response: Regulatory presence or view; execute a warrant or adhere to either the Act or mechanisms are only needed if other other process issued by an officer or Administrative Procedure Act. factors are found to threaten the court to enforce the MBTA; and search Our Response: As discussed under continued existence of the species. any place with a warrant. All birds, Recovery Plan Implementation, the Because we have determined that no parts, nests or eggs that are captured, recovery criteria for downlisting have threats remain that would endanger the killed, taken, offered or sold, bartered, all been met. Although criteria for Hawaiian hawk, either now or in the purchased, shipped, transported, delisting were not included in the future, we find that the existing carried, imported, exported, or recovery plan, a species may be delisted regulatory mechanism are adequate to possessed contrary to the MBTA will be if it no longer meets the definition of an protect the Hawaiian hawk in the seized and, upon conviction of the endangered species or a threatened absence of the Act’s protections. Please offender or upon court judgment, be species under the Act, whether or not see our discussion above under Factor forfeited to the United States and all of the recovery criteria or action D. disposed of by the Secretary (see 16 items in a PDM plan are completed. (35) Comment: One commenter U.S.C. 706). Further, recovery plans and PDM plans expressed concern that little fire ants are According to the MBTA at 16 U.S.C. are guidance documents. The Hawaiian blinding Hawaiian hawks. 707, a person, association, partnership, hawk is more abundant than previously Our Response: The nonnative little or corporation that violates the MBTA thought at the time of listing. More fire ant has spread across the island of or its regulations is guilty of a refined survey, modeling, and other Hawaii (Lee et al. 2015, p. 100; Hawaii misdemeanor and subject to a fine of up analytical computer programs have Invasive Species Council. 2019b), and to $15,000, jail up to 6 months, or both. enhanced our understanding of the little fire ants are known to cause Anyone who knowingly takes a Hawaiian hawk population. Although significant injuries and developmental migratory bird and intends to, offers to, the Hawaiian hawk occurs on a single problems in adults and chicks of or actually sells or barters the bird is island, it is a very large island and the ground-nesting seabirds and other guilty of a felony, with fines up to hawk’s range encompasses most of it. species of ground-nesting birds $2,000, jail up to 2 years, or both. All We held five comment periods, the most (Plentovich 2019, in litt.). Because little guns, traps, nets, vessels, vehicles, and recent in 2018, to obtain new fire ants climb, and sometimes nest, in other equipment used in pursuing, information to inform our final trees, they could potentially harm a hunting, taking, trapping, ensnaring, Hawaiian hawk. However, we are determination. We did not receive any capturing, killing, or any attempt on a unaware of any blinding of Hawaiian new data, from any of the five comment migratory bird in violation of the MBTA hawks by little fire ants, or any other periods or two public hearings, that with the intent to sell or barter, must be harm to hawks caused by little fire ants. indicate the Hawaiian hawk’s status forfeited to the United States and may The post-delisting status of Hawaiian meets the Act’s definition of endangered be seized and held pending prosecution hawks will be monitored as outlined in species or the Act’s definition of of the violator. The property is to be the PDM plan. threatened species. If future data or (36) Comment: One commenter stated disposed of and accounted for by the event(s) change this status, we will re- that the Migratory Bird Treaty Act Secretary. evaluate the status of the Hawaiian (MBTA) is not as efficient as the (37) Comment: One commenter hawk. Otherwise, we will monitor the Endangered Species Act and expressed expressed concern that Hawaiian hawks species as described in the final PDM concern that decreased protections for will be negatively impacted by sea level plan. rise resulting from climate change. Hawaiian hawks will result in Determination of Hawaiian Hawk Our Response: Hawaiian hawks occur intentional harm to them. Status Our Response: The MBTA across the island of Hawaii, which is the implements various treaties and largest of all the Hawaiian islands. Section 4 of the Act (16 U.S.C. 1533), conventions between the United States Hawaii is so large that all of the other and its implementing regulations (50 and Canada, Japan, Mexico, and the Hawaiian islands could fit into the CFR part 424) set forth the procedures former Soviet Union for the protection boundaries of the island. Hawaiian for determining whether a species meets of migratory birds. Under the MBTA, hawks nest in forested areas, which are the definition of ‘‘endangered species’’ taking, killing, or possessing migratory usually away from the coastline or ‘‘threatened species.’’ The Act defines birds is unlawful. Unless allowed by (approximately between 100 ft (30 m) an ‘‘endangered species’’ as any species regulations, the MBTA provides that it above sea level to 5,578 ft (1,700 m) that is ‘‘in danger of extinction is unlawful to pursue, hunt, take, elevation) (Griffin 1985, p. 69–71). throughout all or a significant portion of capture, kill, attempt to take, capture, or Further, under a scenario in which sea- its range’’ and a ‘‘threatened species’’ as kill, possess, offer for sale, sell, offer to level rise reaches 6 ft (1.8 m), we any species that is ‘‘likely to become an barter, barter, offer to purchase, estimate only 0.1 percent (1830 ac (741 endangered species within the purchase, deliver for shipment, ship, ha) of 1,422,132 ac (575517 ha) of foreseeable future throughout all or a export, import, cause to be shipped, Hawaiian hawk habitat will be lost significant portion of its range.’’ The Act exported, or imported, deliver for (Harrington 2019, in litt.). Although requires that we determine whether a transportation, transport or cause to be Hawaiian hawks may forage near the species meets the definition of transported, carry or cause to be carried, coast, it is unlikely that sea level rise ‘‘endangered species’’ or ‘‘threatened or receive for shipment, transportation, will have any negative impacts on species’’ because of any of the following carriage, or export, any migratory bird, Hawaiian hawks in the foreseeable factors: (A) The present or threatened any part, nest, or egg of any such bird, future. destruction, modification, or or any product, whether or not (38) Comment: One commenter stated curtailment of its habitat or range; (B) manufactured. that the recovery plan criteria have not Overutilization for commercial, To enforce the MBTA, authorized been met, and that the Service never recreational, scientific, or educational Department of the Interior employees produced delisting criteria in the purposes; (C) Disease or predation; (D) may: Without a warrant, arrest a person recovery plan or PDM plan. This The inadequacy of existing regulatory violating the MBTA in the employee’s commenter also stated that we did not mechanisms; or (E) Other natural or

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manmade factors affecting its continued due to human population growth and its (2) the species may be, in that portion, existence. associated development, and invasive either in danger of extinction or likely plants, such as strawberry guava. to become so in the foreseeable future. Status Throughout All of Its Range Hawaii County projected human growth For a particular portion, if we cannot After evaluating threats to the species rate from 2010 to 2040 to be 1.6 percent answer both questions in the and assessing the cumulative effect of growth annually; however, the annual affirmative, then that portion does not the threats under the section 4(a)(1) average growth rate from 2010 through warrant further consideration and the factors, we reviewed the information 2017 was just 1.1 percent (Hawaii species does not warrant listing because available in our files and other available Department of Business, Economic of its status in that portion of its range. published and unpublished Development and Tourism (DBEDT) We emphasize that answering these information, and we consulted with 2018, in litt.). We found this level of questions in the affirmative is not a recognized experts and other Federal, population growth and associated determination that the species is in State, and Native Hawaiian development not to be an imminent danger of extinction or likely to become organizations. Due to implementation of threat. In addition, the current so in the foreseeable future throughout recovery actions and other conservation successful management of strawberry a significant portion of its range—rather, efforts that have facilitated a better guava which involves use of the it is a step in determining whether a understanding of the Hawaiian hawk’s biocontrol agent, Tectococcus ovatus is more detailed analysis of the issue is ecology and threats, we have learned expected to result in a noticeable required. that the Hawaiian hawk is broadly decrease in the spread of strawberry If we answer these questions in the distributed throughout the island of guava in the future. We conclude there affirmative, we then conduct a more Hawaii, has been stable in number for is a reasonable likelihood of these thorough analysis to determine whether at least 30 years, nests and forages trends continuing at least over the next the portion does indeed meet both of the successfully in both native and altered 20 years, which we consider the SPR prongs: (1) The portion is habitats, and has large areas of habitat foreseeable future for the Hawaiian significant; and (2) the species is, in that in protected status. The Hawaiian hawk hawk. portion, either in danger of extinction or is not currently threatened by habitat likely to become so in the foreseeable loss or degradation, overutilization, Status Throughout a Significant Portion future. Confirmation that a portion does disease, predation, lack of adequate of Its Range indeed meet one of these prongs does regulatory mechanisms, or other factors. Under the Act and our implementing not create a presumption, prejudgment, Thus, after assessing the best available regulations, a species may warrant or other determination as to whether the information, we conclude that the listing if it is in danger of extinction or species is an endangered species or Hawaiian hawk is not in danger of likely to become so in the foreseeable extinction throughout all of its range. future throughout all or a significant threatened species. Rather, we must Having found that the Hawaiian hawk portion of its range (SPR). Where the then undertake a more detailed analysis is not in danger of extinction throughout best available information allows the of the other prong to make that its range, we next evaluated whether the Services to determine a status for the determination. Only if the portion does species is in danger of extinction in the species rangewide, that determination indeed meet both SPR prongs would the foreseeable future throughout its range. should be given conclusive weight species warrant listing because of its Under the Act, a threatened species is because a rangewide determination of status in a significant portion of its any species that is ‘‘likely to become an status more accurately reflects the range. endangered species within the species’ degree of imperilment and At both stages in this process—the foreseeable future throughout all or a better promotes the purposes of the Act. stage of screening potential portions to significant portion of its range.’’ 15 Under this reading, we should first identify any portions that warrant U.S.C. 15532(20). consider whether the species warrants further consideration and the stage of The Act does not define the term listing ‘‘throughout all’’ of its range and undertaking the more detailed analysis ‘‘foreseeable future.’’ Our implementing proceed to conduct a ‘‘significant of any portions that do warrant further regulations at 50 CFR 424.11(d) set forth portion of its range’’ analysis if, and consideration—it might be more a framework within which we evaluate only if, a species does not qualify for efficient for us to address the the foreseeable future on a case-by-case listing as either an endangered or a ‘‘significance’’ question or the ‘‘status’’ basis. The term foreseeable future threatened species according to the question first. Our selection of which extends only so far into the future as the ‘‘throughout all’’ language. question to address first for a particular Services can reasonably determine that Having determined that the Hawaiian portion depends on the biology of the both the future threats and the species’ hawk is not in danger of extinction or species, its range, and the threats it responses to those threats are likely. likely to become so in the foreseeable faces. Regardless of which question we Analysis of the foreseeable future uses future throughout all of its range, we address first, if we reach a negative the best scientific and commercial data now consider whether it may be in answer with respect to the first question available and considers the timeframes danger of extinction or likely to become that we address, we do not need to applicable to the relevant threats and to so in the foreseeable future in an SPR. evaluate the second question for that the species’ likely responses to those The range of a species can theoretically portion of the species’ range. threats in view of its life-history be divided into portions in an infinite For the Hawaiian hawk, we chose to characteristics. While historically number of ways, so we first screen the evaluate the status question (i.e., Hawaiian hawk have been affected by potential portions of the species’ range identifying portions where the Hawaiian various threats, as outlined, under the to determine if there are any portions hawk may be in danger of extinction or Summary of Factors Affecting the that warrant further consideration. To likely to become so in the foreseeable Species, most of the threats have been do the ‘‘screening’’ analysis, we ask future) first. To conduct this screening, ameliorated or are no longer thought to whether there are portions of the we considered whether the threats are be threats. species’ range for which there is geographically concentrated in any The threats with the potential to cause substantial information indicating that: portion of the species’ range at a population declines relate to habitat loss (1) The portion may be significant; and biologically meaningful scale.

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We examined the following threats: PDM programs, we remain responsible fluctuations in population abundance Habitat destruction or modification for compliance with section 4(g) and, that may be attributed to residual (urbanization, agriculture, nonnative therefore, must remain actively engaged stressors. plant and animal species, fire, drought, in all phases of post-delisting The PDM plan identifies measurable climate change, ROD); overutilization of monitoring (PDM). We also seek active management thresholds and responses the species for commercial, recreational, participation of other entities that are for detecting and reacting to significant scientific, or educational purposes expected to assume responsibilities for (shooting); disease (avian pox, avian the species’ conservation, post-delisting. changes in Hawaiian hawk habitat, malaria) or predation (nonnative rats, The purpose of this PDM is to verify distribution, and persistence. If mice, mongoose, cats, dogs); inadequate that a species remains secure from risk monitoring detects declines equaling or regulatory mechanisms; and other of extinction after the protections of the exceeding these thresholds, the Service natural or manmade factors (small Act are removed, by developing a in combination with other PDM range, single island endemism, program that detects the failure of any participants will investigate causes of contaminants and pesticides), including delisted species to sustain itself. If, at these declines, including considerations cumulative effects. We found no any time during the monitoring period, of habitat changes, substantial human concentration of threats in any portion data indicate that protective status persecution, stochastic events, or any of the Hawaiian hawk’s range at a under the Act should be reinstated, we other significant evidence. Such biologically meaningful scale. can initiate listing procedures, investigation will determine if the If both (1) a species is not in danger including, if appropriate, emergency Hawaiian hawk warrants expanded of extinction or likely to become so in listing under section 4(b)(7) of the Act. monitoring, additional research, the foreseeable future throughout all of Post-Delisting Monitoring Plan Overview additional habitat protection, or its range and (2) the threats to the relisting as an endangered or a The Service developed a final PDM species are essentially uniform threatened species under the Act. If throughout its range, then the species plan in cooperation with the Hawaii relisting the Hawaiian hawk is could not be in danger of extinction or DLNR, DOFAW. In addition, DOFAW, warranted, emergency procedures to likely to become so in the foreseeable the National Park Service (NPS), and relist the species may be followed, if future in any biologically meaningful USGS agreed to cooperate with us in the portion of its range. For the Hawaiian implementation of the PDM plan. The necessary, in accordance with section hawk, we found both: The species is not PDM plan is designed to verify that the 4(b)(7) of the Act. in danger of extinction or likely to Hawaiian hawk remains secure from the We will post the final PDM plan and become so in the foreseeable future risk of extinction after delisting by any future revisions on http:// throughout all of its range, and there is detecting changes in its status and www.regulations.gov under Docket No. no geographical concentration of threats habitat throughout its known range. The FWS–R1–ES–2007–0024 and on the so the threats to the species are final PDM plan consists of: (1) A Pacific Islands Fish and Wildlife essentially uniform throughout its summary of the species’ status at the Office’s website (http://www.fws.gov/ range. Therefore, no portions warrant time of delisting; (2) an outline of the pacificislands/). further consideration through a more roles of PDM cooperators; (3) detailed analysis, and the species is not identification of what will be monitored Effects of the Rule in danger of extinction or likely to (e.g., demographics, threats, species’ This rule revises 50 CFR 17.11(h) by become so in the foreseeable future in response to threats); (4) a description of removing the Hawaiian hawk from the any significant portion of its range. Our monitoring methods; (5) an outline of Federal List of Endangered and approach to analyzing SPR in this the frequency and duration of determination is consistent with the monitoring; (6) an outline of data Threatened Wildlife. As such, as of the court’s holding in Desert Survivors v. compilation and reporting procedures; effective date of this rule (see DATES), Department of the Interior, No. 16–cv– and (7) a definition of thresholds or the prohibitions and conservation 01165–JCS, 2018 WL 4053447 (N.D. Cal. triggers for potential monitoring measures provided by the Act, Aug. 24, 2018). outcomes and conclusions of the PDM particularly through sections 7 and 9, no effort. longer apply to this species (including Determination of Status The PDM plan guides monitoring of those contained in any existing Our review of the best available the Hawaiian hawk population conservation agreements, all safe harbor scientific and commercial information following the same sampling protocol agreements, and all biological opinions indicates that the Hawaiian hawk does used by the Service prior to delisting. for this species). There are no habitat not meet the definition of an Monitoring will consist of three conservation plans related to the endangered species or a threatened components: Hawaiian hawk Hawaiian hawk. Removal of the species in accordance with sections 3(6) distribution and abundance, potential Hawaiian hawk from the Federal List of and 3(20) of the Act. Therefore, we are adverse changes to Hawaiian hawk Endangered and Threatened Wildlife delisting the Hawaiian hawk from the habitat due to environmental or relieves Federal agencies from the need List of Endangered and Threatened anthropogenic factors, and the to consult with us under section 7 of the Wildlife. distribution of nonnative plants in Act to ensure that any action they Hawaiian hawk habitats. The PDM authorize, fund, or carry out is not likely Future Conservation Measures period consists of five 5-year cycles, to jeopardize the continued existence of Section 4(g)(1) of the Act requires us, which will begin in 2024. Monitoring this species. There is no critical habitat in cooperation with the States, to through this time period will allow us implement a monitoring program for not to address any possible negative effects designated for this species. less than 5 years for all species that have to Hawaiian hawks associated with The Hawaiian hawk continues to be been recovered and delisted. Although changes to their habitat. As funding protected under the Migratory Bird section 4(g) of the Act explicitly allows, we will collect data on Hawaiian Treaty Act (16 U.S.C. 703–712), CITES requires cooperation with the States in hawks across the island of Hawaii, (Article IV), and State of Hawaii law development and implementation of which will allow time to observe (HRS 195–1).

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Required Determinations request from the Pacific Islands Fish PART 17—ENDANGERED AND and Wildlife Office (see ADDRESSES). THREATENED WILDLIFE AND PLANTS National Environmental Policy Act Authors ■ We have determined that 1. The authority citation for part 17 environmental assessments and The primary authors of this rule are continues to read as follows: environmental impact statements, as staff members of the Service’s Pacific Authority: 16 U.S.C. 1361–1407; 1531– defined under the authority of the Islands Fish and Wildlife Office (see 1544; and 4201–4245, unless otherwise noted. National Environmental Policy Act of ADDRESSES) and Pacific Regional Office, 1969 (42 U.S.C. 4321 et seq.), need not Portland, Oregon. § 17.11 [Amended] be prepared in connection with regulations pursuant to section 4(a) of List of Subjects in 50 CFR Part 17 ■ 2. Amend § 17.11(h) by removing the the Act. We published a notice outlining entry for ‘‘Hawk, Hawaiian’’ under Endangered and threatened species, our reasons for this determination in the BIRDS from the List of Endangered and Federal Register on October 25, 1983 Exports, Imports, Reporting and Threatened Wildlife. recordkeeping requirements, (48 FR 49244). Dated: November 21, 2019. Transportation. References Cited Margaret E. Everson, Regulation Promulgation Principal Deputy Director, U.S. Fish and A complete list of all references cited Wildlife Service, Exercising the Authority of in this rule is available at http:// Accordingly, we amend part 17, the Director, U.S. Fish and Wildlife Service. www.regulations.gov at Docket No. subchapter B of chapter I, title 50 of the [FR Doc. 2019–27339 Filed 12–31–19; 8:45 am] FWS–R1–ES–2007–0024, or upon Code of Federal Regulations, as follows: BILLING CODE 4333–15–P

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