Endangered and Threatened Wildlife and Plants; Final Rule To List Two Cave Animals From Kauai, Hawaii, as Endangered

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