[Federal Register Volume 65, Number 10 (Friday, January 14, 2000)]
[Rules and Regulations]
[Pages 2348-2357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-982]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018--AE39
Endangered and Threatened Wildlife and Plants; Final Rule To List
Two Cave Animals From Kauai, Hawaii, as Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine
endangered status pursuant to the Endangered Species Act of 1973, as
amended (Act), for two animals--the Kauai cave wolf spider (Adelocosa
anops), and the Kauai cave amphipod (Spelaeorchestia koloana). These
two species are found on the Hawaiian island of Kauai. The Kauai cave
wolf spider is known from three populations, and the Kauai cave
amphipod is known from five populations. These animals and their
habitats have been variously affected or are currently threatened by
the following--habitat degradation and loss through the removal of
perennial vegetation, soil fill, grading, paving, quarrying, and other
activities
[[Page 2349]]
associated with development and agriculture; predation and competition
for space, water, and nutrients by introduced, alien animals;
biological and chemical pesticide control activities; and an increased
likelihood of extinction from naturally occurring events due to the
small number of remaining populations and their limited distribution.
This final rule implements the Federal protection and recovery
provisions provided by the Act for these animal taxa.
EFFECTIVE DATE: This rule takes effect February 14, 2000.
ADDRESSES: The complete file for this rule is available for inspection,
by appointment during normal business hours, at the office of the U.S.
Fish and Wildlife Service, Pacific Islands Ecoregion, 300 Ala Moana
Boulevard, Room 3-122, P.O. Box 50088, Honolulu, Hawaii 96850.
FOR FURTHER INFORMATION CONTACT: Robert P. Smith, Pacific Islands
Ecoregion Manager, at the above address (808/541-3441); facsimile: 808/
541-3470.
SUPPLEMENTARY INFORMATION:
Background
The Kauai cave wolf spider (Adelocosa anops) and Kauai cave
amphipod (Spelaeorchestia koloana) are known only from the Hawaiian
island of Kauai. The Kauai cave wolf spider is known from three
populations, and the Kauai cave amphipod, from five populations.
The Hawaiian archipelago includes eight large volcanic islands
(Niihau, Kauai, Oahu, Molokai, Lanai, Kahoolawe, Maui, and Hawaii), as
well as offshore islets, shoals, and atolls set on submerged volcanic
remnants at the northwest end of the chain (the Northwestern Hawaiian
Islands). Each island was built sequentially from frequent, voluminous
basaltic lava flows (Stearns 1985). The youngest island, Hawaii, is
still volcanically active and retains its form of coalesced, gently
sloping, relatively unweathered shield volcanoes. Vulcanism on the
older islands has long since ceased, and subsequent erosion formed
numerous valleys with steep walls and well-developed streams and soils
(Zimmerman 1948).
In the formation of the islands, the lava flows created caves,
cracks, gas pockets, and smaller, interconnected subterranean spaces or
mesocaverns (Howarth 1973; 1987a). While unique subterranean faunas
have long been known from temperate continental cave systems, until the
1970s obligate cave-inhabiting (dependent on cave habitat) animals were
thought to be absent from tropical and island systems (Howarth 1987a).
In the last 3 decades, however, a remarkable assemblage of about 50
species of cave-adapted animals have been discovered in Hawaiian caves
(Howarth 1972; 1987a, b). Cave-adapted species evolved directly from
native surface-dwelling ancestors in at least 12 groups of Hawaiian
arthropods (Howarth 1991a).
These obligate cave-dwellers are generally found on the younger
islands where an abundance of young lava flows exist (Howarth 1983a).
On older islands, soil formation, erosion, and siltation have filled in
most subterranean voids, thus eliminating the habitat for cave animals.
The island of Kauai is the oldest of the eight major Hawaiian islands
and was formed by a single shield volcano (formed by one volcano)
approximately 5.6 million years ago (Stearns 1985). Four million years
of weathering eliminated most cave habitats formed during this initial
vulcanism. Between 0.6 and 1.4 million years ago, the Koloa series of
post-erosional lava flows again provided available habitat for
subterranean animals. Subsequent erosion also filled in most of the
habitat in the Koloa series, leaving only a small area of suitable cave
habitat along the arid southern coast.
Because of the age of Kauai and the extensive erosion, it was not
originally expected to harbor any cave animals. However, in 1971, two
eyeless cave arthropods, a spider and amphipod were discovered in caves
of the Koloa series lava flows. These animals are known only from a
single exposed lava flow in the ``very rocky'' to ``extremely rocky''
Waikomo soil series (U.S. Department of Agriculture, Soil Conservation
Service 1972). The lava flow covers approximately 10.5 square
kilometers (sq km) (4 sq miles (mi)), and exhibits no covering by
erosional sediments. The amphipod also occurs in a younger limestone
cave formed on top of a portion of the exposed Koloa series flow. These
animals are restricted to the dark, moist areas of larger caverns and
smaller subterranean spaces. The amphipod is a detritivore, feeding
primarily on rotting tree roots, whereas the spider is a carnivore,
preying upon the amphipod and alien arthropods that venture
underground. The land supporting these two animal species is privately
owned, as are adjacent areas with potentially suitable habitat.
Discussion of the Two Animal Taxa Included in This Final Rule
Frank Howarth first discovered the Kauai cave wolf spider
(Adelocosa anops) in Koloa Cave # 2 in 1971 (Gertsch 1973), and Willis
Gertsch (Gertsch 1973) formally described the spider. This species is a
member of the wolf spider family (Lycosidae). Spiders in this family
are characterized by a distinct eye pattern, including two particularly
large eyes in the middle row (Foelix 1982). The most conspicuously
diagnostic character of the Kauai cave spider is its complete lack of
eyes. This character is unique among wolf spiders and its distinction
justifies the recognition of a separate genus for this taxon. A few
species of wolf spider have reduced eyes, including another cave-
adapted species on the island of Hawaii, but only in the Kauai cave
wolf spider are the eyes entirely absent. Adults of the Kauai cave wolf
spider are about 12.7 to 19.0 millimeters (mm) (0.5 to 0.75 inches
(in)) in total length with a reddish-brown carapace (hard outer
covering), pale abdomen, and bright orange legs. The hind margin of
each chelicera (biting jaw) bears three large teeth: Two situated
basally (on the bottom), and the third at the distal (far) end of the
chelicera. The tibiae (inner large bone of the leg) of the two anterior
pairs of legs have four pairs of ventral spines, and tarsi (ultimate
segments) and metatarsi (penultimate segments) of all legs bear
unusually long and silky trichobothria (sensory hairs).
The Kauai cave wolf spider is a predator and, although blind, can
detect the presence of potential food items by touch or by detecting
chemical compounds; this species actively stalks its prey (Howarth
1983b). Although predation has not been observed in the field, the
spider probably feeds primarily on the Kauai cave amphipod and, to a
lesser extent on alien species of arthropods that enter the cave
system. Compared to most wolf spiders, the reproductive capacity of the
Kauai cave wolf spider is extremely low, with only 15 to 30 eggs laid
per clutch (Howarth 1981; Wells et al. 1983). Newly hatched spiderlings
are unusually large, and carried on the back of the female for only a
few days (Howarth 1991a; Howarth and Mull 1992).
Biologists found the Kauai cave wolf spider only in two lava tube
systems in the Koloa area of Kauai; specifically the Koloa Caves and
Kiahuna Caves (Gertsch 1973; Frank Howarth, Bishop Museum, in litt.
1979). The spider is restricted to the dark zones (Howarth 1981) of the
caves and adjoining fissures. Similar to other Hawaiian cave-adapted
spiders, this species is highly susceptible to desiccation (Hadley et
al. 1981; Ahearn and Howarth 1982). The spider is active in the large
caverns only
[[Page 2350]]
during wetter times of the year (Howarth, in litt. 1979) or in smaller
areas of the cave that maintain a saturated atmosphere (Howarth 1981).
Because of the seasonal and spatial movement of the spider, as well as
an inability to mark or tag the animals, survey methods have not been
developed to obtain accurate population estimates. However, survey
counts of the spider have ranged from 12 to 28 in Koloa Cave #2, 0 to 4
in Kiahuna Cave Makai (cave #210), and 0 to 2 in Kiahuna Cave Mauka
(Service, unpublished data, 1998-99).
Frank Howarth also discovered the Kauai cave amphipod
(Spelaeorchestia koloana) along with the Kauai cave wolf spider in
Koloa Cave #2 in 1971 (Bousfield and Howarth 1976). Because of the
unusual attributes of a highly reduced pincher-like condition of the
first gnathopod (cephalothoracic appendage--an appendage located on the
part of the amphipod which is the fused head and thorax (the middle
region)) and the second gnathopod being mitten-like in both sexes, this
taxon is placed in its own unique genus (Spelaeorchestia) within the
family Talitridae (Bousfield and Howarth 1976). This species is also
distinctive in its lack of eye facets (lenslike division of a compound
eye) and pigment, and extremely elongate, spiny, postcephalic (behind
the head) appendages. Adult amphipods are 7 to 10 mm (0.25 to 0.4 in)
in length and very slender-bodied, with a hyaline cuticle (translucent
outer layer). Gnathopod 1 is highly reduced, and gnathopod 2 is mitten-
like. Antenna 2 is slender and elongate, with the flagellum (long
thread-like structure used for movement) only slightly longer than the
peduncle (a stalklike structure). Peraeopods (abdominal walking legs)
are very elongate, with slender, attenuated claws. All pleopods
(swimming legs) are reduced, with branches vestigial (small rudimentary
part, usually non-functioning) or lacking. Uropods (tail-like
appendages) 1 and 2 have well developed prepeduncles, and brood plates
in the mature female are vestigial or entirely absent (Bousfield and
Howarth 1976).
The Kauai cave amphipod is a detritivore (feeds on organic debris
from decomposing plants, animals, and fecal material) and has been
observed feeding on rotting roots of Pithecellobium dulce (Manila
tamarind) and Ficus sp. (fig); rotting sticks, branches, and other
plant material washed into the caves; and arthropod fecal material. In
large cave passages, most individuals are found on or underneath roots
or rotting debris. However, this amphipod does not appear to be
particularly gregarious. When disturbed, this species typically moves
slowly away rather than jumping like other amphipods. Nothing is known
of the reproductive biology of this amphipod, but the vestigial brood
plates of the female suggest they give birth to a small brood of large
offspring (Bousfield and Howarth 1976; Poulson and White 1969).
While found in the same caves as the Kauai cave wolf spider, the
cave amphipod is also known from a short lava tube (cave #210) located
1 km (0.6 mi) inland of the seaward Kiahuna Cave, the Limestone Quarry
Cave 7 km (4.5 mi) to the east at Mahaulepu, and most recently from a
small cave that was exposed during construction of the Koloa Town road
(Adam Asquith, Service, pers. comm. 1999; Jan Tenbruggencate, Honolulu
Star Bulletin, in litt. 1999). The Mahaulepu Cave occurs in a
calcareous (containing calcium) sandstone hill formed from a cemented
sand-dune that was deposited on top of a disjunct exposure of the Koloa
lava formation during a higher stand of the sea (Stearns 1985). The
limestone cave was formed by water erosion from the ocean and a still-
active freshwater stream that runs through the lowest cave level. The
amphipod probably colonized this cave by migrating from the underlying
Koloa lava formation. Due to the inability to mark amphipods for
demographic studies, no attempt has been made to estimate the
population sizes of the cave amphipod. However, survey counts for this
species in the caves where they have been surveyed regularly range from
8 to 27 in Koloa Cave #2 and 11 to 71 in Kiahuna Cave Mauka (Service,
unpublished data, 1998-99).
The two cave animals are restricted to dark, moist areas of larger
caverns and smaller subterranean spaces or mesocaverns (Howarth 1983a).
As with the subterranean animals on younger Hawaiian islands (Howarth
1991a), the small mesocaverns may be the primary habitat for these
species. For example, the Kauai cave amphipod was not seen during
initial surveys of Kiahuna cave #210 (Miura and Howarth 1978). On a
subsequent survey however, the floor of a small, dead end passage was
saturated with 40 liters (10 gallons) of water, and 24 hours later
amphipods had moved into this area, presumably from the surrounding
mesocaverns (Howarth, in litt. 1979; Howarth 1983a). On younger
islands, these mesocaverns also allow animals to move among larger,
adjacent lava tubes (Howarth 1991a). However, because these smaller
voids become filled with erosional sediment in older flows like Koloa
and as a result of surface disturbance (Hammatt et al. 1988; Adam
Asquith, in litt. 1994a), it is unlikely that the Kauai cave animals
can move among separate lava tube systems. Because distinct species can
evolve in adjacent lava tubes even when cave animals can move
extensively through mesocaverns (Hoch and Howarth 1993), it is prudent
to consider the separate localities of these animals as different
populations, even though intervening areas of potential habitat cannot
be surveyed. Thus, the Koloa Caves #1 and #2 and adjacent areas are
considered to harbor one population of the spider and one population of
the amphipod. The seaward Kiahuna Caves #267 and #276 harbor another
population of both the spider and amphipod; the Kiahuna Cave #210
harbors a separate population each of the spider and amphipod; the
Mahaulepu Cave harbors a population of the cave amphipod (Service,
unpublished data, 1998-99); and a small cave near the Koloa Town road
harbors a fifth amphipod population.
The restricted area where these animals occur is rapidly undergoing
development. The shallow cave habitat is degraded or destroyed through
surface alterations such as the removal of perennial vegetation, soil
fill, grading, paving, and other activities associated with development
and agriculture. In fact, the Koloa cave systems are considered to be 1
of the 10 most endangered cave ecosystems worldwide (Culver in litt.,
1998). These animals are also increasingly at risk from predation and
competition for space, water, and nutrients by introduced, alien
animals; biological and chemical pesticide control activities
associated with residential and golf course development; and an
increased likelihood of extinction from naturally occurring events due
to the small number of remaining individuals and populations and their
limited distribution.
Previous Federal Action
On June 16, 1978, we published a proposal in the Federal Register
(43 FR 26084) to list the Kauai cave wolf spider as an endangered
species and the Kauai cave amphipod as threatened. We withdrew that
proposal on September 2, 1980 (45 FR 58171) as a result of a provision
in the 1978 Amendments to the Endangered Species Act of 1973 that
required withdrawal of all pending proposals that were not made final
within 2 years of the proposal or within 1 year after passage of the
Amendments, whichever period was longer. We published an initial
comprehensive Notice of Review for invertebrate animals on May 22, 1984
(49 FR 21664),
[[Page 2351]]
in which we treated the Kauai cave wolf spider and Kauai cave amphipod
as category 2 candidates for Federal listing. Category 2 taxa were
those for which conclusive data on biological vulnerability and threats
were not currently available to support proposed rules. We published an
updated Notice of Review for animals on January 6, 1989 (54 FR 554). In
this notice, we treated the Kauai cave wolf spider and Kauai cave
amphipod as category 1 candidates for Federal listing. Category 1 taxa
were those for which we had on file substantial information on
biological vulnerability and threats to support preparation of listing
proposals. In the Notice of Review for all animal taxa we published on
November 21, 1991 (58 FR 58804), we again listed the two Kauai cave
arthropods as category 2 candidates. In the November 15, 1994, Notice
of Review for all animal taxa (59 FR 58982), we elevated the two Kauai
cave arthropods to category 1 candidates. Upon publication of the
February 28, 1996, Notice of Review (61 FR 7596), we stopped using
category designations and included the two cave arthropods simply as
candidate species. Candidate species are those for which we have on
file sufficient information on biological vulnerability and threats to
support proposals to list the species as threatened or endangered. We
also included the two cave arthropods as candidate species in the
September 19, 1997 (62 FR 49398), Notice of Review. We published a
proposed rule to list these two species as endangered on December 5,
1997 (62 FR 64340).
The processing of this final rule conforms with our Listing
Priority Guidance published in the Federal Register on October 22, 1999
(64 FR 57114). The guidance clarifies the order in which we will
process rulemakings. Highest priority is processing emergency listing
rules for any species determined to face a significant and imminent
risk to its well-being (Priority 1). Second priority (Priority 2) is
processing final determinations on proposed additions to the lists of
endangered and threatened wildlife and plants. Third priority is
processing new proposals to add species to the lists. The processing of
administrative petition findings (petitions filed under section 4 of
the Act) is the fourth priority. This final rule is a Priority 2 action
and is being completed in accordance with the current Listing Priority
Guidance. We have updated this rule to reflect any changes in
information concerning distribution, status, and threats since the
publication of the proposed rule.
Summary of Comments and Recommendations
In the December 5, 1997, proposed rule (62 FR 64340), we requested
interested parties to submit comments or information that might
contribute to the final listing determination for these two species.
The public comment period ended on February 3, 1998. We contacted and
sent announcements of the proposed rule to appropriate Federal and
State agencies, county governments, scientific organizations, and other
interested parties. We also published announcements of the proposed
rule in the following newspapers--the Garden Island on December 18,
1997, the Honolulu Advertiser on December 24, 1997, and the Honolulu
Star-Bulletin on December 24, 1997.
We received a total of seven comments. Two individuals and one
conservation organization supported the proposal. Two commenters did
not support the proposal. Two commenters neither supported nor objected
to the proposal, including a Kauai county agency that asked us to
identify habitat areas for the two cave species so that the agency's
concerns about potential utility easements could be discussed.
In addition, we solicited formal scientific peer review of the
proposal in accordance with our July 1, 1994, Interagency Cooperative
Policy (59 FR 34270). We requested three qualified and independent
specialists to review the proposed rule and comment on the pertinent
scientific and/or commercial data and assumptions relating to the
taxonomy, demography, and supportive biological and ecological
information of the Kauai cave wolf spider and Kauai cave amphipod. We
received written comments from one of these experts; that information
is incorporated into this final rule.
We grouped and discussed comments of a similar nature under the
following issue headings. In addition, we considered and incorporated,
as appropriate, into the final rule, all biological and commercial
information obtained through the public comment period.
Issue 1: One commenter suggested that these species would be better
protected if a Candidate Conservation Agreement (CCA) or Habitat
Conservation Plan (HCP) was developed for the animals.
Our Response: We are required to base listing decisions on the best
available scientific and commercial information. In this regard, we
reviewed information from the scientific literature as well as
commercial information. Based on this information, we conclude that the
Kauai cave wolf spider and Kauai cave amphipod are in danger of
extinction throughout a significant portion of their ranges. In
addition, no new information was submitted during the public comment
period that indicated other viable populations of these animals existed
or that the remaining populations are not at risk. HCPs provide
excellent opportunities for conservation of species. We encourage
landowners and managers to explore all the conservation mechanisms
available.
Issue 2: One commenter opposed the listing of the Kauai cave wolf
spider and Kauai cave amphipod because of economic impacts of the
listing on the local economy.
Our Response: In accordance with 16 U.S.C. sec. 1533(b)(1)(A) and
50 CFR 424.11(b), listing decisions are made solely on the basis of the
best scientific and commercial data available. In adding the word
``solely'' to the statutory criteria for listing a species, Congress
specifically addressed this issue in the 1982 amendments to the Act.
The legislative history of the 1982 amendments states: ``The addition
of the word `solely' is intended to remove from the process of the
listing or delisting of species any factor not related to the
biological status of the species. The Committee strongly believes that
economic considerations have no relevance to determinations regarding
the status of species. * * *'' H.R. Rep. No. 567, Part I, 97th Cong.,
2d Sess. 20 (1982). Therefore, we have not considered the impacts of
listing on economic development in making this listing determination.
Issue 3: One commenter argued that we lacked authority to list the
Kauai cave wolf spider and Kauai cave amphipod under the Endangered
Species Act because such power would exceed the scope of Federal
Commerce Clause power.
Our Response: We believe that listing these species is within the
scope of the Commerce Clause for the reasons contained in Judge Wald's
opinion and Judge Henderson's concurring opinion in National
Association of Home Builders v. Babbitt, 130 F.3d 1041 (D.C. Cir. 1997)
cert. denied, 1185 S.Ct. 2340 (1998). That case involved a challenge to
the application of the Act's prohibitions to protect the listed Delhi
Sands flower-loving fly (Rhaphiomidas terminatus abdominalis) under the
Act. As with these two Kauai cave species, the Delhi Sands flower-
loving fly is endemic only to one State. However, Judge Wald held that
application of the Act's prohibition against taking of endangered
species to this fly was a
[[Page 2352]]
proper exercise of Commerce Clause power to regulate the use of
channels of interstate commerce, and activities substantially affecting
interstate commerce, because it prevented destruction of biodiversity
and destructive interstate competition. Judge Henderson concluded that
the protection of the Delhi Sands flower-loving fly was within the
Federal Government's Commerce Clause authority because the listing of
the fly prevents harm to the ecosystem upon which interstate commerce
depends, and because doing so regulates commercial development that is
part of interstate commerce.
Summary of Factors Affecting These Species
After a thorough review and consideration of all information
available, we determined that the Kauai cave wolf spider and Kauai cave
amphipod should be classified as endangered species. We followed the
procedures found at section 4(a)(1) of the Act and regulations
implementing the listing provisions of the Act (50 CFR part 424). A
species may be determined to be an endangered or threatened species due
to one or more of the five factors described in section 4(a)(1). These
factors and their application to the Kauai cave wolf spider (Adelocosa
anops) and the Kauai cave amphipod (Spelaeorchestia koloana) are as
follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. These animals are restricted to a
10.5 sq km (4 sq mi) coastal section of the Koloa series lava flows
that have not been filled with erosional sediment. Surface
modifications in this area directly impact the subterranean habitat
that supports the spider and amphipod (Hammatt et al. 1988; Miller and
Burgett 1995; Asquith, in litt. 1994). Prior to arrival of Polynesians
in Hawaii, the aboveground habitat of this area probably comprised a
coastal dry shrubland and would have included plants such as Sida
fallax (ilima), Myoporum sandwicense (naio), Chamaesyce celastroides
(akoko), and Santalum ellipticum (iliahialoe) (Gagne and Cuddihy 1990).
On the islands of Maui and Hawaii, these plants are known to produce
extensive root systems into underlying lava tube fissures, and probably
also formed the primary nutrient source for the cave ecosystem at
Koloa.
The first thousand years of Polynesian habitation in Hawaii had
little significant impact on the cave system at Koloa. However, with a
rapid population increase after 1400 A.D., heavy modification of most
leeward areas of the Hawaiian Islands probably occurred (Kirch 1982;
Cuddihy and Stone 1990). This modification was due to the subsequent
expansion of agriculture from more favorable, mesic (an environment
that is neither extremely wet nor extremely dry) valleys and the use of
fire to clear plant communities. A perennial stream flowing directly
through the Koloa area allowed Polynesians to develop extensive
irrigated fields of Colocasia esculenta (taro), Ipomoea batatas (sweet
potato), and Saccharum officinarum (sugar cane) and to cultivate sweet
potato on dry land (Handy and Handy 1972; Hammatt and Tomonari 1978;
Hammatt et al. 1988; Sinoto 1975).
Field irrigation of traditional crops continued in the Koloa area
until 1835, when the first sugar plantation in the Hawaiian Islands was
established at Koloa. Thereafter, most of the land with suitable
topsoil was used for large-scale sugar cane cultivation (Hammatt et al.
1988). This activity included the mechanical clearing of stones and
boulders and consolidation of smaller field plots. The surface
modifications associated with these past agricultural activities
greatly reduced underground root biomass through the destruction of
perennial vegetation (Howarth 1981; Miller and Burgett 1995), which
removes the necessary food base for the amphipod and other cave-
dwelling herbivores (Howarth 1973, 1981, 1982). Large-scale
agricultural practices brought on by the sugar cane industry also
increased the amount and mobility of the overlying sediments. As a
consequence, the rate of sediment deposition into the underlying
subterranean voids increased, eliminating or greatly reducing the
amount of available cave habitat (Howarth 1973; Hammatt et al. 1988;
Asquith, in litt. 1994).
Thus, with the exception of a narrow 0.5 km-wide (0.25 mi-wide)
strip of particularly rocky land immediately along the coast, most of
the habitat for both the spider and the amphipod was heavily modified
prior to the 1950s. On interior lands, small areas of exposed pahoehoe
lava, rock outcrops, and the entrances to lava tubes were generally
unsuited for cultivation of crops and were left less disturbed. In
areas improved for pasture use, however, some cave entrances were
filled or covered (Hammatt et al. 1988; Howarth, in litt. 1977). The
remaining pockets of uncultivated land around collapsed lava tubes and
exposed lava probably served as refugia for the cave animals.
Significantly, all the known populations of both the spider and
amphipod are in areas never used for plantation sugar cane cultivation.
In the last 5 decades, the Koloa area changed from an agriculture-
based economy to one increasingly dependent on tourism (Kauai Office of
Economic Development, in litt. 1994). Approximately 75 percent of the
original habitat available for the cave animals is now designated as
``urban'' or ``urban residential'' (County of Kauai, in litt. 1994),
and the human population of the Koloa area is expected to double by the
year 2015 (KPMG Peat Marwick 1993). This population growth has led to
rapid development of homes, condominiums, and resort hotels originally
centered along the coastal strip. In recent years, interior lands
supporting both populations of the spider and all but one population of
the amphipod have been rezoned from agriculture to urban usage and are
undergoing development. With the construction of roads, residences, and
golf courses, the subterranean habitat is degraded through the removal
of perennial vegetation and its root systems, the collapse of lava
tubes from heavy construction equipment, and increased siltation of
caves from grading and filling activities (Howarth 1973; Hammatt et al.
1988; Asquith, in litt. 1994a). The population of the Kauai cave wolf
spider in Koloa Cave #2 is threatened by a proposed bypass road, as
well as blasting and excavation of a drainage ditch from an adjacent
housing development (David Hopper, Service, in litt. 1998, 1999). The
recent uncovering of a lava tube during the construction of the Koloa
bypass road exemplifies the continuing threat posed by ongoing
development (Jan Tenbruggencate, in litt. 1999). Until recently, the
disjunct population of the amphipod in the limestone cave was
threatened by a quarrying operation directly above and adjacent to the
cave system (Howarth, in litt. 1977, 1978). Thus, most of the land that
potentially harbored these animals has been highly modified, and an
estimated 75 percent of the area has probably been rendered
uninhabitable. The remaining habitat, harboring virtually all known
populations of the spider and amphipod, is being degraded by current
land use or is threatened with degradation and destruction from
proposed development.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Direct overutilization of the organisms is not
known to be a factor, but unrestricted collecting for scientific
purposes or excessive visits by individuals interested in exploring the
lava tubes could result from increased
[[Page 2353]]
publicity associated with listing under the Act.
Increased human use of caves can result in the direct trampling,
intentional or otherwise, of cave animals as well as indirect impacts
due to destruction of root systems (Howarth 1982; Culver 1992). In
addition to direct habitat destruction, human impacts include the use
of campfires (D. Hopper, pers. comm. 1988) as well as introduction of
cigarette smoke into the cave environment. Cigarette smoke contains a
strong insecticide which, within the enclosed cave, is likely to
negatively impact the resident cave animals (Howarth 1982). Both the
smoke from cigarettes and fires dries the cave air, and studies and
observations have shown that reduced cave humidity is detrimental to
cave organisms (Ahearn and Howarth 1982; Howarth 1981, 1982). Such
disturbances by human visitation can also promote greater invasion by
alien arthropod species, such as cockroaches and their predators,
through the introduction of trash (Howarth 1982; D. Hopper, pers. comm.
1998). Howarth (1982) indicated that species diversity and population
levels of cave invertebrates are inversely related to human visitation
and disturbance.
C. Disease and predation. Several alien spiders including the brown
violin spider (Loxosceles rufescens), spitting spider (Scytodes
longipes), and Dysdera crocata (no common name (NCN)) have invaded the
cave habitats in Koloa (Gerstch 1973; F. Howarth, pers comm. 1994;
Asquith, in litt. 1994b), and prey on immature stages of the Kauai cave
wolf spider and probably all life stages of the cave amphipod (Howarth
1981). The American cockroach (Periplaneta americana) is abundant in
some of the caves (Bousfield and Howarth 1976; Asquith, in litt. 1994a)
and probably opportunistically preys on immature cave amphipods (F.
Howarth, pers. comm. 1994) and competes for space at amphipod food
sources (Asquith, in litt. 1994a). In the Limestone Quarry Cave, the
introduced amphipod Tallitroides topitotum (NCN) may compete with the
Kauai cave amphipod for detritus food (Bousfield and Howarth 1976; F.
Howarth, pers. comm. 1994).
In addition, as noted in the Background section of this final rule,
the Kauai cave wolf spider is a predator. Although predation has not
been observed in the field, this spider probably feeds primarily on the
Kauai cave amphipod and, to a lesser extent, on alien species of
arthropods that periodically enter the cave system.
D. The inadequacy of existing regulatory mechanisms. The Kauai cave
wolf spider and the Kauai cave amphipod are found entirely on private
land. One population of the cave spider is provided some protection by
a County ordinance requiring the landowner to conserve two Kiahuna lava
tubes known to harbor the spider (County of Kauai Development Plan
1979). However, existing conservation measures under this ordinance
protect only the cave entrances and not the surface footprint, adjacent
mesocaverns, or surrounding aboveground habitat that help to maintain
the microhabitat conditions within the caves that the animals need to
survive. Evaluation of one of the caves conserved under this ordinance
showed significant degradation from surface disturbance over the dark
zone of the cave (Asquith, in litt. 1994). In addition, this ordinance
protects only a single population of each of the cave animals, which is
not sufficient to ensure the continued existence of these species,
given the range of threats that affect all remaining populations.
No State laws or existing regulatory mechanisms at the present time
protect or prevent further decline of these animals. However, Federal
listing would automatically invoke listing under Hawaii State law,
which prohibits taking and encourages conservation by State government
agencies (see ``Hawaii State Law'' section of this final rule).
E. Other natural or manmade factors affecting its continued
existence. Insecticide use, coincident with the change to urban land
development, poses a serious threat to the cave animals (Howarth and
Stone 1993). While plantation-scale sugar cane cultivation in the Koloa
area involves seasonal use of herbicides, intensive usage is generally
limited to spot applications of glyphosate (trademark name, Roundup),
and generally no insecticides are used (Murdoch and Green 1989).
Furthermore, in recent years most sugar cane cultivation in the area
has been restricted to land with deep soil, which is generally
unsuitable habitat for the cave animals.
Golf courses exist on, or are proposed for, the land directly above
or adjacent to both populations of the spider and all but one
population of the amphipod. At least 30 different pesticides are used
on golf courses in Hawaii, including insecticides to control pests of
turf grass (Murdoch and Mitchell 1975; Murdoch and Green 1989). Most
golf courses in Hawaii apply the insecticide chlorpyrifos at the rate
of 453 grams active ingredient per 0.41 hectares (1 pound active
ingredients per acre), 1 to 3 times per year, but rates and frequency
of applications are sometimes much higher (Murdoch and Green 1989;
Brennan et al. 1992). Predators, such as the Kauai cave wolf spider,
are generally more susceptible to insecticides than the target pests
(Croft 1990). Even if not killed outright, the sublethal effects of
both insecticides and herbicides on the cave animals could include
reduced fecundity (reproductive capacity), reduced lifespan, slowed
development rate, and impaired mobility and feeding efficiency (Messing
and Croft 1990).
In addition to the use of pesticides on golf courses, pesticide
usage on residential property also poses a threat. It is estimated that
residential lots use more pesticides per unit area than either sugar
cane cultivation or golf courses and that 90 percent of this use
involves insecticides. Much of this insecticide is applied directly to
the ground for termite control (Hawaii Office of State Planning 1992).
With an estimated increase of 4,000 houses in the Koloa area by the
year 2015 (KPMG Peat Marwick 1993), residential pesticides are
considered a serious threat to the cave animals.
These cave animals are particularly susceptible to pesticides
because of their tendency to seek water sources (Howarth 1983a;
Asquith, in litt. 1994a). Even if pesticides are not used directly
above a lava tube, pesticides that leach into adjacent subterranean
caverns with water from runoff or irrigation are serious threats
because the animals may be attracted to the water and come into contact
with the chemicals.
Biological control agents (living organisms used to control pests)
are usually perceived as preferable to the use of chemicals because
they represent less of a threat to human health and generally do not
stimulate resistance in pests. Some of these organisms, however, attack
species other than their intended targets and have caused or
contributed to the decline and extinction of several Hawaiian insects
(Gagne and Howarth 1985; Howarth 1983b; Howarth 1991b). The nematode
Steinernema carpocapsae (NCN) is marketed for use against turf pests
and has been petitioned for use on golf courses in Hawaii (Faust 1992).
This nematode can infect at least 250 species of arthropods (Poinar
1979), including arachnids such as the Kauai cave wolf spider (Poinar
and Thomas 1985). Other biocontrol agents such as Bacillus bacteria,
which have been used for mosquito control, have caused serious damage
to nontarget species of insects (Howarth 1991b). Unlike most chemical
pesticides, biocontrol agents will not break down or decay. Should such
biocontrols become established, they will likely remain resident in the
area, spread to new areas with suitable host
[[Page 2354]]
arthropods, and become impossible to eliminate. Lastly, biocontrol
agents may undergo great proliferations in the presence of ubiquitous
and numerous arthropod pests and other species. The resultant
population increase of biocontrol predators or parasites would have
devastating impacts on species such as the Kauai cave spider and cave
amphipod, given their restricted ranges and low fecundities. Biological
controls have been emphasized for golf course management in the Koloa
area (Townscape 1993) and are a potential threat to the cave spider and
amphipod.
The small number of populations and small numbers of observed
individuals of the Kauai cave wolf spider (three populations) and Kauai
cave amphipod (five populations) increases the risk of extinction from
naturally occurring events such as storms or earthquakes.
At present, there are a number of conservation activities that are
planned for three of the Koloa caves. In 1995, we signed a Cooperative
Agreement with the Kukui`ula Development Company (a subsidiary of
Alexander & Baldwin), which includes a number of conservation
activities for two caves (Koloa Caves # 1 & 2). These activities
include gating of the cave openings to restrict human access and reduce
air-flow (to increase ambient humidity) and planting of native plant
species over the caves to develop a root system that will serve as a
food base for the cave animals. Kukui`ula Development Company agreed to
set aside the land area above these two caves as either a limited-use
park or reserve. The entire land area to be protected includes a 45.7-
meter (150-foot) wide buffer area around both caves, in which
restricted or no development will occur. In addition, no pesticides or
dumping will be allowed within this buffer area or above the caves. At
present, the National Resource Conservation Service (NRCS) is planning
to assist the Kukui`ula Development Company in more extensive planting
of native plants in the park/reserve area. We and the NRCS are
currently working with a second landowner (Sport Shinko Group) to
conduct similar conservation activities over a single cave located
below a portion of their golf course (Kiahuna Golf Club). We are
currently reviewing a Cooperative Agreement between us and the Sport
Shinko Group.
We carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
faced by these species and determined that the Kauai cave wolf spider
and Kauai cave amphipod should be listed as endangered. These two
species are threatened by one or more of the following--habitat
degradation and loss through the removal of perennial vegetation, soil
fill, grading, paving, quarrying, and other activities associated with
development and agriculture; predation and competition for space,
water, and nutrients by introduced, alien animals; direct or indirect
mortality from the use of biological control agents and chemical
pesticides; and an increased likelihood of extinction from naturally
occurring events due to the small number of remaining populations and
their limited distribution. Because the two species are in danger of
extinction throughout all or a significant portion of their ranges,
they fit the definition of endangered, as defined in the Act.
Therefore, the determination of endangered status for the Kauai cave
wolf spider and Kauai cave amphipod is warranted.
Critical Habitat
Critical habitat is defined in section 3 of the Act as--(i) The
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those biological features (I) essential to the conservation of the
species and (II) that may require special management considerations or
protection and; (ii) specific areas outside the geographical area
occupied by a species at the time it is listed, upon a determination
that such areas are essential for the conservation of the species.
``Conservation'' means the use of all methods and procedures needed to
bring the species to the point at which listing under the Act is no
longer necessary.
In the proposed rule, we indicated that designation of critical
habitat was not prudent for the Kauai cave wolf spider and Kauai cave
amphipod because of a concern that publication of precise maps and
descriptions of critical habitat in the Federal Register could increase
human visitation to their highly sensitive cave habitats which could
lead to incidents of vandalism and destruction of habitat. We also
indicated that designation of critical habitat was not prudent because
we believed it would not provide any additional benefit beyond that
provided through listing as endangered.
In the last few years, a series of court decisions have overturned
Service determinations regarding a variety of species that designation
of critical habitat would not be prudent (e.g., Natural Resources
Defense Council v. U.S. Department of the Interior 113 F. 3d 1121 (9th
Cir. 1997); Conservation Council for Hawaii v. Babbitt, 2 F. Supp. 2d
1280 (D. Hawaii 1998)). Based on the standards applied in those
judicial opinions, we have reexamined the question of whether critical
habitat for the Kauai cave wolf spider and Kauai cave amphipod would be
prudent.
Due to the small number of populations, the Kauai cave wolf spider
and Kauai cave amphipod are vulnerable to collection, vandalism, or
other disturbance. We remain concerned that these threats might be
exacerbated by the publication of critical habitat maps and further
dissemination of locational information. However, we have examined the
evidence available for the Kauai cave wolf spider and Kauai cave
amphipod and have not found specific evidence of taking, vandalism,
collection, or trade of these species or any similarly situated
species. Consequently, consistent with applicable regulations (50 CFR
424.12(a)(1)(i)) and recent case law, at this time we cannot make a
finding that the identification of critical habitat will increase the
degree of threat to these species of taking or other human activity.
In the absence of a finding that critical habitat would increase
threats to a species, if there are any benefits to critical habitat
designation, then a prudent finding is warranted. In the case of these
species, there may be some benefits to designation of critical habitat.
The primary regulatory effect of critical habitat is the section 7
requirement that Federal agencies refrain from taking any action that
destroys or adversely modifies critical habitat. While a critical
habitat designation for habitat currently occupied by these species
would not be likely to change the section 7 consultation outcome
because an action that destroys or adversely modifies such critical
habitat would also be likely to result in jeopardy to these species,
there may be a few instances where section 7 consultation would be
triggered only if critical habitat is designated, such as habitat that
may become unoccupied in the future. There may also be some educational
or informational benefits to designating critical habitat. Therefore,
while we believe the benefits of designating critical habitat for these
species would not be significant, we find that critical habitat is
prudent for the Kauai cave wolf spider and Kauai cave amphipod.
The Final Listing Priority Guidance for FY 2000 (64 FR 57114)
states, ``The processing of critical habitat determinations (prudency
and determinability decisions) and proposed or final designations of
critical habitat will be funded separately from other
[[Page 2355]]
section 4 listing actions and will no longer be subject to
prioritization under the Listing Priority Guidance. Critical habitat
determinations, which were previously included in final listing rules
published in the Federal Register, may now be processed separately, in
which case stand-alone critical habitat determinations will be
published as notices in the Federal Register. We will undertake
critical habitat determinations and designations during FY 2000 as
allowed by our funding allocation for that year.'' As explained in
detail in the Listing Priority Guidance, our listing budget is
currently insufficient to allow us to immediately complete all of the
listing actions required by the Act. Deferral of the critical habitat
designation for the Kauai cave wolf spider and Kauai cave amphipod will
allow us to concentrate our limited resources on higher priority
critical habitat and other listing actions, while allowing us to put in
place protections needed for the conservation of the Kauai cave wolf
spider and Kauai cave amphipod without further delay.
We plan to employ a priority system for deciding which outstanding
critical habitat designations should be addressed first. We will focus
our efforts on those designations that will provide the most
conservation benefit, taking into consideration the efficacy of
critical habitat designation in addressing the threats to the species,
and the magnitude and immediacy of those threats. We will develop a
proposal to designate critical habitat for the Kauai cave wolf spider
and Kauai cave amphipod as soon as feasible, considering our workload
priorities.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
activities. Recognition through listing results in public awareness and
conservation actions by Federal, State, and local agencies, private
organizations, and individuals. The Act provides for possible land
acquisition and cooperation with the States and requires that recovery
actions be carried out for all listed species. The protection required
of Federal agencies and the prohibitions against taking and harm are
discussed, in part, below.
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as
endangered or threatened and with respect to its critical habitat, if
any is being designated. Regulations implementing this interagency
cooperation provision of the Act are codified at 50 CFR part 402.
Section 7(a)(4) requires Federal agencies to confer with us on any
action that is likely to jeopardize the continued existence of a
species proposed for listing or result in destruction or adverse
modification of proposed critical habitat. If a species is listed
subsequently, section 7(a)(2) requires Federal agencies to insure that
activities they authorize, fund, or carry out are not likely to
jeopardize the continued existence of a listed species or to destroy or
adversely modify its critical habitat. If a Federal action may affect a
listed species or its critical habitat, the responsible Federal agency
must enter into formal consultation with us.
All known populations of the Kauai cave wolf spider and the Kauai
cave amphipod are located on private property. Federally supported
activities that could affect these taxa and their habitat in the future
include, but are not limited to, the following--construction of roads
and highways; construction of public or private facilities;
construction of diversions for flood control; pesticide use; and the
release of biological control agents.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered
wildlife. The prohibitions, codified at 50 CFR 17.21, in part, make it
illegal for any person subject to the jurisdiction of the United States
to take (includes harass, harm, pursue, hunt, shoot, wound, kill, trap,
or collect; or attempt any of these), import or export, ship in
interstate commerce in the course of a commercial activity, or sell or
offer for sale in interstate or foreign commerce any endangered
wildlife. It is also illegal to possess, sell, deliver, carry,
transport, or ship any such wildlife that has been taken illegally.
Certain exceptions apply to our agents and agents of State conservation
agencies.
We may issue permits to carry out otherwise prohibited activities
involving endangered wildlife under certain circumstances. Regulations
governing permits are codified at 50 CFR 17.22 and 17.23. Such permits
are available for scientific purposes, to enhance the propagation or
survival of the species, and/or for incidental take in the course of
otherwise lawful activities.
Our policy, published in the Federal Register on July 1, 1994 (59
FR 34272), is to identify to the maximum extent practicable at the time
a species is listed those activities that would or would not constitute
a violation of section 9 of the Act. The intent of this policy is to
increase public awareness of the effect of this listing on proposed and
ongoing activities within the species' range. We believe that, based on
the best available information, the following actions will not likely
result in a violation of section 9:
(1) Possession, delivery, or movement, including interstate
transport, involving no commercial activity, of dead specimens of these
taxa that were collected prior to the publication in the Federal
Register of the final regulation adding these taxa to the list of
endangered species; and
(2) Landscaping that does not include filling or grading the area
above or adjacent to the surface footprint of the caves.
Potential activities involving these taxa that we believe will
likely be considered a violation of section 9 include, but are not
limited to, the following:
(1) Collection of specimens of these taxa for private possession or
deposition in an institutional collection;
(2) The use of chemical insecticides that results in killing or
injuring these taxa;
(3) The unauthorized release of biological control agents that
attack any life stage of these taxa; and
(4) Habitat modification that results in actually killing or
injuring these taxa by significantly impairing essential life-
sustaining requirements such as breeding, feeding, and shelter. Such
habitat modification may include but may not be limited to--removal or
destruction of perennial vegetation within or adjacent to the surface
footprint of the caves; construction, clearing, grading, digging, or
filling within or adjacent to the surface footprint of the caves;
blasting for construction in proximity to the caves; and alteration of
the natural drainage of surface and subsurface water flow into the
caves.
You should direct any questions regarding whether specific
activities will constitute a violation of section 9 of the Act to the
Field Supervisor of the Service's Pacific Islands Ecoregion (see
ADDRESSES section). Address your requests for copies of the regulations
concerning listed wildlife and inquiries about prohibitions and permits
to the U.S. Fish and Wildlife Service, Endangered Species Permits, 911
N.E. 11th Avenue, Portland, Oregon, 97232-4181 (telephone 503/231-6241;
facsimile 503/231-6243).
Hawaii State Law
Federal listing will automatically invoke listing under the State's
endangered species act. Hawaii's
[[Page 2356]]
Endangered Species Act (HRS, Sect. 195D-4(a)) states, ``Any species of
aquatic life, wildlife, or land plant that has been determined to be an
endangered species pursuant to the (Federal) Endangered Species Act
shall be deemed to be an endangered species under the provisions of
this chapter and any indigenous species of aquatic life, wildlife, or
land plant that has been determined to be a threatened species pursuant
to the (Federal) Endangered Species Act shall be deemed to be a
threatened species under the provisions of this chapter.'' Listing of
these two arthropod species will, therefore, also invoke protection
available under State law, which prohibits the taking of listed
wildlife species in the State, encourages conservation of such species
by State agencies, and triggers other State regulations to protect the
species (HRS, sect. 195AD-4 and 5).
National Environmental Policy Act
We determined that we do not need to prepare Environmental
Assessments and Environmental Impact Statements, as defined under the
authority of the National Environmental Policy Act of 1969, in
connection with regulations adopted pursuant to section 4(a) of the
Endangered Species Act of 1973, as amended. On October 25, 1983, we
published in the Federal Register (48 FR 49244), a notice outlining our
reasons for this determination.
Required Determinations
This rule does not contain any new collections of information other
than those already approved under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq., and assigned Office of Management and Budget
clearance number 1018-0094. For additional information concerning
permit and associated requirements for endangered species, see 50 CFR
17.22.
References Cited
A complete list of all references we cited is available upon
request from the Pacific Islands Ecoregion (see ADDRESSES above).
Author
The primary author of this final rule is Mr. David Hopper, with
significant contributions by Dr. Adam Asquith, U.S. Fish and Wildlife
Service (phone 808/541-3441; or facsimile 808/541-3470) (see ADDRESSES
section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
record keeping requirements, Transportation.
Regulation Promulgated
Amend part 17, subchapter B of chapter I, title 50 of the Code of
Federal Regulations, as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. We amend section 17.11(h) by adding the following, in
alphabetical order under ARACHNIDS and CRUSTACEANS, to the List of
Endangered and Threatened Wildlife:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
[[Page 2357]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
------------------------------------------------------ population where When Critical
Historic range endangered or Status listed habitat Special rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arachnids:
* * * * * * *
Spider, Kauai cave wolf..... Adelocosa anops.... U.S.A. (HI)...... NA E 676 NA NA
* * * * * * *
Crustaceans:
* * * * * * *
Amphipod, Kauai cave........ Spelaeorchestia U.S.A. (HI)...... NA E 676 NA NA
koloana.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: December 31, 1999.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 00-982 Filed 1-13-00; 8:45 am]
BILLING CODE 4310-55-P
