# Endangered and Threatened Wildlife and Plants; Endangered Status for Five Species From American Samoa

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A2016-22276

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** September 22, 2016
- **Citation:** 81 FR 65466

## Text

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2015-0128; 4500030113]
RIN 1018-AZ97
Endangered and Threatened Wildlife and Plants; Endangered Status for Five Species From American Samoa

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Final rule.

SUMMARY:

We, the U.S. Fish and Wildlife Service (Service), determine endangered status under the Endangered Species Act of 1973, as amended, for two endemic American Samoan land snails (
Eua zebrina
and
Ostodes strigatus
), the American Samoa distinct population segment of the friendly ground-dove, the Pacific sheath-tailed bat, (South Pacific subspecies) (
Emballonura semicaudata semicaudata
), and the mao (
Gymnomyza samoensis
). The effect of this regulation will be to add these species to the List of Endangered and Threatened Wildlife.

DATES:

This rule becomes effective October 24, 2016.

ADDRESSES:

This final rule is available on the internet at
http://www.regulations.gov
and
http://www.fws.gov/pacificislands
. Comments and materials we received, as well as supporting documentation we used in preparing this rule, are available for public inspection at
http://www.regulations.gov
. Comments, materials, and documentation that we considered in this rulemaking will be available by appointment, during normal business hours at: U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Room 3-122, Honolulu, HI 96850; by telephone at 808-792-9400; or by facsimile at 808-792-9581.

FOR FURTHER INFORMATION CONTACT:

Mary Abrams, Field Supervisor, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Honolulu, HI 96850, by telephone 808-792-9400 or by facsimile 808-792-9581. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Executive Summary

Why we need to publish a rule.
Under the Endangered Species Act, a species may warrant protection through listing if it is endangered or threatened throughout all or a significant portion of its range. Listing a species as an endangered or threatened species can only be completed by issuing a rule. Critical habitat is to be designated, to the maximum extent prudent and determinable, for any species determined to be an endangered or threatened species under the Act.

What this rule does.
This rule will finalize the listing of two American Samoa land snails,
Eua zebrina
(no common name) and
Ostodes strigatus
(no common name), the American Samoa distinct population segment (DPS) of the friendly ground-dove (
Gallicolumba stairi
), and the Pacific sheath-tailed bat (South Pacific subspecies) (
Emballonura semicaudata semicaudata;
“bat” or “Pacific sheath-tailed bat” hereafter) and the mao (
Gymnomyza samoensis
) as endangered species.

Delineation of critical habitat requires, within the geographical area occupied by the species, identification of the physical or biological features essential to the species' conservation. Information regarding the life functions and habitats associated with these life functions is complex, and informative data are largely lacking for the five species from American Samoa. A careful assessment of the areas that may have the physical or biological features essential for the conservation of the species and that may require special management considerations or protections, and thus qualify for designation as critical habitat, will require a thorough assessment. We require additional time to analyze the best available scientific data in order to identify specific areas appropriate for critical habitat designation and to prepare and process a proposed rule. Accordingly, critical habitat is not determinable at this time.

The basis for our action.
Under the Act, we can determine that a species is an endangered or threatened species based on any of five factors: (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B) Overutilization for commercial, recreational, scientific, or educational purposes; (C) Disease or predation; (D) The inadequacy of existing regulatory mechanisms; or (E) Other natural or manmade factors affecting a species continued existence. One or more of the five American Samoa species are experiencing population-level impacts as a result of the following current and ongoing threats:

• Habitat loss and fragmentation or degradation due to agriculture and urban development, nonnative ungulates, and nonnative plants.

• Collection for commercial purposes (snails only).

• Predation by nonnative snails and nonnative flatworms (snails only).

• Predation by feral cats and rats.

• Small numbers of individuals and populations.

Existing regulatory mechanisms do not adequately address these threats. Environmental effects from climate change are likely to exacerbate many of these threats, and may become a direct threat to all five species in the future.

Peer review and public comment.
We sought comments on our proposal from 16 independent specialists to ensure that our determination is based on scientifically sound data, assumptions, and analyses. We also considered all comments and information received during the public comment periods and public hearing.

Previous Federal Action

Please refer to the proposed listing rule, published in the
Federal Register
on October 13, 2015 (80 FR 61568), for previous Federal actions for these species prior to that date. The publication of the proposed listing rule opened a 60-day public comment period that closed on December 14, 2015. We published a public notice of the proposed rule on October 21, 2015, in the local Samoa News newspaper, at the beginning of the comment period. On January 5, 2016 (81 FR 214), we published a notice reopening the comment period for an additional 30 days in order to allow interested parties more time to comment on the proposed rule. In that same document, we announced the date and time of the public hearing and informational meeting held on January 21, 2016, Tutuila Island, American Samoa. The second comment period closed on February 4, 2016. In total, we accepted public comments on the proposed rule for 90 days.

Summary of Comments and Recommendations

We solicited comments during the 60-day public comment period (80 FR 61568, October 13, 2015), in a reopened comment period between January 5 and February 4, 2016 (81 FR 214, January 5, 2016), and during a public hearing held in American Samoa on January 21, 2016. We also contacted appropriate Federal and Territorial agencies, scientific experts and organizations, and other interested parties and invited them to comment on the proposal. In

addition, for the Pacific sheath-tailed bat and the mao, we contacted the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) management and scientific authorities competent to issue comparable documentation in the countries of Samoa, Fiji, Tonga, and Vanuatu seeking comment on the proposed rule. All substantive information provided during the comment periods has either been incorporated directly into this final determination or is addressed below.

During the comment periods, we received a total of 16 comment letters on the proposed listing of the 5 species from American Samoa. We received helpful information from the National Park of American Samoa about their surveys, monitoring, and mapping of natural resources in the park, and we have incorporated this information where relevant. In this final rule, we only address those comments directly relevant to the proposed listing of the five species. We received several comments that were not germane to the proposed listing of the five species (for example, information on other American Samoa species not included in the proposed rule); such comments are not addressed in this final rule.

One comment letter each was from the American Samoa Government Office of the Governor, the American Samoa Government Office of Samoan Affairs, and a Federal agency; and six comment letters were from individuals. Seven letters were responses requested from peer reviewers. The American Samoa Government Office of the Governor requested a public hearing and informational meetings regarding the proposed rule, which we provided, as described above. During the public hearing, four individuals made oral comments on the proposed rule.

Peer Review

In accordance with our peer review policy published on July 1, 1994 (59 FR 34270), we solicited expert opinions from 16 individuals with scientific expertise on American Samoa and bats, birds, and snails of South Pacific islands and their habitats, biological needs, and threats, including familiarity with the five species, the geographic region in which these species occur, and principles of conservation biology. We received responses from seven of these individuals.

We reviewed all comments received from the peer reviewers for substantive issues and new information regarding the listing of the five species. All seven peer reviewers generally supported our methods and conclusions and provided additional information, clarifications, and suggestions to improve the final rule. Two peer reviewers agreed particularly with our evaluation of scientific data informing our assessment of the conservation status of the Pacific sheath-tailed bat. Similarly, three peer reviewers agreed particularly with our assessment of the conservation status of the two snails,
Eua zebrina
and
Ostodes strigatus,
and one peer reviewer agreed particularly with our status assessment of the mao and friendly ground-dove. Peer reviewer comments are addressed in the following summary and incorporated into the final rule as appropriate (see also Summary of Changes from Proposed Rule).

General Peer Reviewer Comments

(1) Comment:
One peer reviewer disagreed with the conclusion that climate change is a projected threat and not a current threat to the species. The reviewer asked whether the Service's conclusion is that (a) climate change is not yet occurring and consequently is not a current threat; or (b) climate change is already occurring, but it is not yet affecting these species. The reviewer cited various recent local, regional, and world-wide evidence that climate change is occurring (National Oceanic and Atmospheric Administration (NOAA)-National Climatic Data Center 1960-2013; Australian Bureau of Meteorology (BOM) & Commonwealth Scientific and Industrial Research Organization (CSIRO) 2011, Volumes 1 & 2; 2014; Pirhalla
et al.
2011; Monahan and Fisichelli 2014) and that it is already having major impacts to species and ecosystems (Keener
et al.
2012, Intergovernmental Panel on Climate Change (IPCC) 2014).

Our Response:
We agree with the reviewer that observed increases in air and sea temperatures, carbon dioxide concentrations, and sea levels exist in American Samoa and the region, and that these are current conditions. We further agree that the trajectory of observed changes in climate is unlikely to change in the coming decades. However, neither of the choices provided by the reviewer accurately reflect our conclusion with regard to whether we consider climate change to be a current threat to these species. Although we cannot predict the timing, extent, or magnitude of specific impacts, we do expect the effects of climate change to exacerbate the current threats to these species, such as habitat loss and degradation.

Peer Review Comments on the Pacific Sheath-Tailed Bat

(2) Comment:
Two peer reviewers provided additional references and personal observations regarding the foraging behavior and habitat of the species
E. semicaudata
and other bats in the family Emballonuridae (Kalko 1995, pp. 262-265; Gorreson
et al.
2009, p. 336; Valdez
et al.
2011, pp. 306-307; Marques
et al.
2015, pp. 6-EV-9-EV).

Our Response:
We have incorporated all new relevant information regarding the bat's foraging behavior and foraging habitat in this final rule.

(3) Comment:
One peer reviewer reported the discovery of previously unknown caves with appropriate habitat for the Pacific sheath-tailed bat on Tau Island. The commenter also reported anecdotal sightings of the Pacific sheath-tailed bat on Tutuila and Tau Islands.

Our Response:
We appreciate this new information. We hope that future surveys will yield confirmed observations of bats using the caves on Tau. Given the anecdotal nature of the sightings on Tutuila and Tau and the similarity in flight behavior between small bats and the white-rumped swiftlet (
Aerodramus spodiopygius;
common in American Samoa), the possibility exists that these anecdotal observations were of birds, not bats. We hope to learn of confirmed sightings that would indicate that the Pacific sheath-tailed bat may still occur on Tutuila and Tau.

(4) Comment:
Two peer reviewers provided additional information regarding the impacts of goats on the habitat of the Pacific sheath-tailed bat. One of the reviewers pointed out that overgrazing of the forest understory by goats had resulted in little or no recruitment of canopy tree species in areas of known populations of the bat on some small islands in the Lau Group in Fiji and on Aguiguan Island in the Northern Mariana Islands, where the endangered Mariana subspecies (
E. semicaudata rotensis
) occurs, as documented by Gorreson
et al.
(2009, p. 339). The peer reviewer noted earlier predictions that the effects of overgrazing would result in the demise of the forests that are so important for the species (
e.g.,
Palmeirim
et al.
2005, p. 46).

The same reviewer commented that grazing by goats greatly minimizes clutter resulting from a well-developed shrub layer, thereby opening foraging spaces for bats under the canopy. In addition, the reviewer cited reports that the bat was doing well in highly overgrazed forests on Yaqueta and Aiwa

Islands (Fiji) (Palmeirim
et al.
2005, pp. 28-29), and Aguiguan Island (Valdez
et al.
2011, p. 302).

Lastly, the reviewer added that, generally, a total release of the grazing pressure may allow rapid growth of shrubs and concomitant increase in understory clutter and thus potentially reduce foraging space for the Pacific sheath-tailed bat. Consequently, the peer reviewer suggested that any goat control efforts should be carefully planned to balance the importance of recruitment of tree canopy species and foraging spaces under the canopy.

Our Response:
We appreciate the information provided by the reviewers regarding the potential impacts of goat grazing on the bat and its habitat in Fiji. We agree with the reviewer's observation that, although grazing and browsing by goats may benefit the bat in the near term by maintaining an open understory that provides foraging habitat (
e.g.,
Esselsytn
et al.
2004, p. 307; Palmeirim
et al.
2005, pp. 28-29), in the long term the activities of goats are likely to result in the loss of the forest on which the bat depends by inhibiting recruitment of native forest trees and facilitating dispersal of nonnative invasive plants (Esselsytn
et al.
2004, p. 307; Palmeirim
et al.
2005, p. 46; Berger
et al.
2011, pp. 36, 38, 40, 42-47; Commonwealth of the Northern Mariana Islands (CNMI) Statewide Assessment and Resource Strategy (SWARS) 2010, p. 15; Kessler 2011, pp. 320-323; Pratt 2011, pp. 2, 36; Welch
et al.
2016). We, therefore, continue to regard habitat destruction and degradation by goat browsing as a threat to the continued existence of the bat in Fiji, although we recognize that this is a threat that must be addressed with care to maintain the open understory that provides foraging habitat for the bat.

(5) Comment:
One peer reviewer noted that the genetic differences between the South Pacific subspecies
E. s.

semicaudata
and the Palau and Mariana subspecies,
E. s.

palauensis
and
E. s.

rotensis,
respectively, are greater than typically reported between mammalian subspecies. The reviewer suggested that this level of divergence increases the conservation value of the remaining populations of
E. s.

semicaudata.

The reviewer also commented that the description of the current Pacific sheath-tailed bat distribution in Fiji is overly optimistic and suggested revision to a more conservative description based on the bat's likely extirpation on Viti Levu, an island that represents more than half the land area in Fiji.

The same reviewer also requested clarification in the discussion regarding the threat to the bat from metapopulation breakdown, and in particular requested clarification regarding the location of significant source populations in Fiji. Finally, the reviewer commented that the future impact of sea level rise on populations of the Pacific sheath-tailed bat is not likely to be restricted to high islands and in fact is likely to be even greater on low islands, such as low limestone islands where this species is present.

Our Response:
We agree that genetic differentiation underscores the need to conserve the South Pacific subspecies of the Pacific sheath-tailed bat. We have incorporated the information on the bat's distribution in Fiji into this final rule, and we have clarified the discussion regarding the metapopulation breakdown threat to the bat. The continued decline of the only significant source populations of Pacific sheath-tailed bat (on large islands in Fiji, especially the Viti Levu Group) greatly diminishes the probability of recolonization and persistence within Fiji as well as throughout the remainder of its range. Of particular note, the bat is currently considered to be extirpated or nearly extirpated on the largest Fijian island where the bat was once considered common. Regarding the portion of the reviewer's comment on the impact of sea level rise, we agree that any impacts of future sea level rise on the Pacific sheath-tailed bat in Fiji are likely to be worse on low islands than on high islands where the bat is known to occur.

Peer Review Comments on the American Samoa DPS of the Friendly Ground-Dove

(6) Comment:
One peer reviewer cited a recent study that reported a detection of the friendly ground-dove at a single location on Tau Island (Judge
et al.
2013, pp. 14-15). The reviewer further commented that, although a possible range extension to Tau Island would be a positive change in the distribution of this rare species, the report of a single detection on another island would not change the Service's determination of threatened or endangered status, given three extensive bird surveys conducted on Tau Island in 1975-76, 1986, and 2011 (Amerson
et al.
1982, Engbring and Ramsey 1989, Judge
et al.
2013) and various additional surveys conducted there by the American Samoa Department of Marine and Wildlife Resources.

Our Response:
We agree that a single detection does not necessarily signify a range extension of American Samoa DPS of the friendly ground-dove to include Tau Island. In addition to the past and ongoing surveys cited by the reviewer, recent bird banding efforts conducted on Tau Island between 2013 and 2015 also failed to report the friendly ground-dove (Pyle
et al.
2014, pp. 7, 19; Pyle
et al.
2015, pp. 7, 21). On the other hand, this report does suggest the possible movement of friendly ground-doves from Ofu and Olosega Islands to Tau Island.

(7) Comment:
One peer reviewer stated that the friendly ground-dove has not been pushed into higher elevation areas throughout its range (as asserted by Watling (2001, p. 118)), and still occurs at low elevations in some areas in Samoa, such as Salelologa lowland forest on Savaii and on Nuutele Island off the coast of Upolu. The reviewer also provided specific information indicating that predation by the Polynesian rat (
Rattus exulans
) should be considered a threat to the friendly ground-dove in American Samoa in addition to that of the black rat (
R. rattus
).

Our Response:
In the proposed rule, we stated that the loss of lowland and coastal forest has been implicated as a limiting factor for populations of the friendly ground-dove, and as a result, the species has been pushed into more disturbed areas or forested habitat at higher elevations (Watling 2001, p. 118). The two areas cited by the reviewer, Nuutele Island and Saleloga, are sites where native lowland forest is intact and provides habitat that can support populations of the friendly ground-dove. However, our analysis of the available information indicates that these areas are exceptional, and that the loss of lowland and coastal forests remains a threat to the friendly ground-dove throughout its range, including in American Samoa. The fact that the species is known from only those lowland areas in Samoa that remain mostly forested provides supporting evidence of this ongoing threat. In American Samoa, lowland and coastal habitats on Ofu and Olosega have largely been converted to villages, grasslands, or coconut plantations, and the loss of these habitats to agriculture and development is expected to continue. We have added predation by the Polynesian rat as a threat to the friendly ground-dove in this final rule.

Peer Review Comments on
Eua zebrina
and
Ostodes strigatus

(8) Comment:
One peer reviewer commented that collection for scientific purposes is not a current threat to
Eua zebrina
and expressed doubt that it contributed to the decline of this species. The peer reviewer added that

collection of
Eua zebrina
for other purposes (
e.g.,
commercial, educational, or recreational) is also not a current threat.

The same reviewer commented that predation by the rosy wolf snail (
Euglandina rosea
) cannot be considered the major existing threat to the native snail fauna in American Samoa in the absence of a quantitative evaluation of the importance of rosy wolf snail predation relative to other threats such as habitat destruction and predation by rats. The reviewer further stated that predation by the rosy wolf snail may be less of a threat to adult individuals of
O. strigatus
than to
E. zebrina,
because the former may be protected by its operculum (trap-door-like structure closing the shell aperture). The reviewer added that the rosy wolf snail feeds on small snails by swallowing them whole, but feeds on large snails by attacking them via the open shell aperture. The commenter further noted that both
E. zebrina
and
O. strigatus
adults are considered large from the perspective of the rosy wolf snail. If
O. strigatus
can close the aperture with the operculum when threatened by the rosy wolf snail, the predator may find access difficult; but whether this is the case is not known. Lastly, the reviewer noted that whether juveniles (
i.e.,
small snails) are more susceptible is also not known. The reviewer also stated that the protection provided by the Tutuila section of the National Park of American Samoa (NPSA) does not apply to
Ostodes strigatus
because this species is only known from the western part of Tutuila, which is not within the NPSA's boundaries. Finally, the reviewer commented that the statement “all live snails were found on understory vegetation beneath intact forest canopy” is probably correct for most
E. zebrina,
but should not be attributed to all Samoan land snails.

Our Response:
Regarding the threat of over-collection, we agree with the reviewer that collection for scientific purposes is not a current threat to
Eua zebrina
or
Ostodes strigatus.
We erroneously included “overutilization for scientific purposes” in our assessment of threats to these species in the proposed rule, and have removed this factor from the Summary of Factors Affecting
E. zebrina
section in this final rule. However, we maintain that collection for scientific purposes likely contributed to a reduction in the number of
E. zebrina
in the wild (Hadfield 1986, p. 322). We recognize that at the time the majority of collections were made for scientific purposes,
E. zebrina
was neither at risk of extinction nor did the numbers collected increase the risk of its extinction, and we have found no evidence that the species is collected for educational purposes. We disagree with the peer reviewer's comment that collecting for commercial or recreational purposes is not a current threat. There is evidence, albeit mostly in the past, of the practice of using snail shells to make decorative items for personal adornments and for sale or display. Importantly, however, the proposed rule provided evidence of the current sale of
Eua zebrina
and other Pacific Island snails on the internet. Therefore, we maintain that collection for commercial or recreational purposes is a current threat to
Eua zebrina.

We consider the threat of predation by the rosy wolf snail to be one of several threats to the survival of
Eua zebrina,
and have made this clarification in the final rule (see Summary of Factors Affecting
Eua zebrina,
below). While the operculum of adult individuals of
O. strigatus
may offer protection from predation by the rosy wolf snail, we maintain our finding that predation by the rosy wolf snail is a current threat to
O. strigatus
based on the vulnerability of small, juvenile individuals of this species to being swallowed whole by predatory snails. We disagree with the reviewer's statement regarding the lack of protection provided to
O. strigatus
by the NPSA. Information in our files indicates the occurrence of
O. strigatus
within the boundaries of the NPSA (Miller 1993, p. 23). Finally, we agree with the reviewer's comment that the statement “all live snails were found on understory vegetation beneath intact forest canopy” may hold true for
E. zebrina,
but should not be attributed to all Samoan land snails, and we have made this correction in this final rule.

(9) Comment:
One peer reviewer commented that funding should be allocated to evaluate the status of the two snail species and others prior to listing. The reviewer also suggested the increasing prevalence of the rat lungworm (
Angiostrongylus cantonensis
) throughout the Pacific poses an unknown, but likely serious, threat of disease to land snails. The reviewer added that further studies are desperately needed.

Our Response:
We evaluated the status of the two snails prior to listing them. We found them to be candidates for listing in May 2005 and reviewed the available information on them each year in our annual Candidate Notice of Review. To issue our proposal to list these species under the Act, we evaluated their status and found that they met the definition of endangered. We agree that additional data regarding the five species from American Samoa would be desirable. However, under the Act, we are required to make listing determinations solely on the basis of the best
available
scientific and commercial data [emphasis ours] (sections 4(a)(1) and 4(b)(1)(A) of the Act). We appreciate the reviewer raising the potential threat of disease to native land snails such as
E. zebrina
and
O. strigatus
posed by the rat lungworm. However, at this time, we do not have information that leads us to conclude that the rat lungworm poses a current threat to the two snails.

Public Comments

In general, commenters did not express strong support for or opposition to the proposed listing. Some commenters expressed concerns regarding the potential impacts of the proposed listing on public- and private-sector projects and on cultural practices. Other commenters suggested that additional information on the five species was needed. Our responses are provided below.

Comments From States/Territories

(10) Comment:
The Governor of American Samoa and two public commenters expressed concern that listing the five species as endangered could affect such activities as land clearing, development, planned wind power production, and cultural practices.

Our Response:
We understand that concern exists about the effects on land use and cultural practices of listing species as threatened or endangered under the Act. Once a species is listed as endangered under the Act certain protective measures apply. These measures include prohibitions under section 9(a)(1) of the Act that make take (defined as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect; or to attempt any of these) of listed wildlife species illegal and requirements for Federal agencies to consult with the Service under section 7(a)(2) of the Act to ensure that any action they fund, authorize, or carry out is not likely to jeopardize the continued existence of any endangered species or threatened species. See Available Conservation Measures, below, for detailed descriptions of requirements and prohibitions, respectively, under sections 7 and 9 of the Act.

We encourage any project proponents or landowners to work closely with the Service if activities on their land may negatively affect listed species. If a Federal agency action is associated with the activity (
e.g.,
funding, permit issuance, or other support or

authorization), the Federal agency is required to consult with the Service under section 7 (a)(2) of the Act. If there is no Federal involvement in the activity, we can help those project proponents or landowners determine whether a habitat conservation plan (HCP) or safe harbor agreement (SHA) may be appropriate. These plans or agreements provide for the conservation of the listed species while providing the project proponent or landowner with a permit for incidental take of the species during the course of otherwise lawful activities, such as those mentioned in the Governor's comment letter, including cultural practices that may affect any of these five species.

(11) Comment:
The Governor of American Samoa requested assistance from the Service in making improvements to Territorial law in order to allow local government agencies to work with the Service to conserve listed species and their habitats.

Our Response:
We recognize and welcome the Governor's request for assistance. The Service and the American Samoa Government have met to discuss the necessary improvements to Territorial law required for the Service's conservation assistance programs to States or Territories for threatened and endangered species in accordance with section 6 of the Act, and we remain available to provide further assistance as needed.

(12) Comment:
A member of the Office of Samoan Affairs supported our assessment of the threat of cats and rats to the five species. The member added that disease carried and spread by cats and rats contributed to the endangered status of the five species.

Our Response:
We appreciate the comment by the Office of Samoan Affairs. Our review of the best scientific and commercial data available does not indicate that disease is currently a factor affecting the continued existence of the five species. We welcome any information on this topic that becomes available in the future.

Comments From the General Public

(13) Comment:
One commenter asked how species are protected once listed as endangered. Another commenter asked how the Service works to reestablish populations of species after they are listed as endangered.

Our Response:
Once a species is added to either of the Lists of Endangered and Threatened Wildlife and Plants, it is afforded protection under the Act. For example, section 7(a)(2) of the Act requires Federal agencies, including the Service, to ensure that any action they fund, authorize, or carry out is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of designated critical habitat of such species; section 9(a)(1) of the Act prohibits the take of listed wildlife species (includes harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect; or to attempt any of these). Activities to reestablish and recover listed species, and details of sections 7 and 9 of the Act, are described below, under Available Conservation Measures.

(14) Comment:
One commenter stated that the use of insecticides is contributing to the decline of the Pacific sheath-tailed bat by reducing prey populations such as mosquitoes and other insects.

Our Response:
We evaluated the effects of pesticide use on the Pacific sheath-tailed bat in the proposed rule (80 FR 61568, October 13, 2015). The use of pesticides may negatively affect the Pacific sheath-tailed bat as a result of direct toxicity and the reduction in the availability of insect prey. Pesticides are known to adversely affect bat populations, either by secondary poisoning when bats consume contaminated insects or by reducing the availability of insect prey (Hutson
et al.
2001, p. 138; Mickleburgh
et al.
2002, p. 19). Pesticides may have contributed to declines and loss of the Mariana subspecies of Pacific sheath-tailed bat on islands where pesticides were once applied in great quantities (Guam, Saipan, and Tinian) (Wiles and Worthington 2002, p. 17).

In American Samoa and Samoa, current levels of pesticide use are likely lower than several decades ago when their use, particularly during the years in which taro was grown on large scales for export (1975-1985), coincided with the decline of bats in both places and has been implicated as the cause (Tarburton 2002, p. 107). However, Grant
et al.
(1994, pp. 135-136) dismissed the role of insecticides in the decline of the bat in American Samoa based on the absence of a similar population crash in the insectivorous white-rumped swiftlet (
Aerodramus spodiopygius
) and the limited use of agricultural and mosquito-control pesticides. On the island of Taveuni in Fiji, where bat populations have persisted at low levels over the last 10 years (Palmeirim
et al.
2005, p. 62, Malotaux 2012, in litt.), several locals reported that pesticide use was quite widespread, and their use may be similar on other Fijian islands (Malotaux 2012, in litt.). We do not have information about pesticide use in Tonga or Vanuatu. The best available information does not indicate that pesticide use is a current threat to the Pacific sheath-tailed bat or that it is likely to become a threat in the future.

(15) Comment:
One commenter stated that flooding or high water levels during Hurricanes Ofa (1990) and Val (1991) may have washed out snails such as
E. zebrina
and
O. strigatus
from stream areas.

Our Response:
In the proposed rule, we considered the effects of natural disturbances such as hurricanes and their associated impacts under
Factor E: Other Natural and Manmade Factors Affecting Its Continued Existence
for both
E. zebrina
and
O. strigatus.
The information we have does not indicate that either snail species was washed out of stream areas, per se, by heavy rains and flooding associated with hurricanes Ofa and Val; these are land snails, and they do not inhabit aquatic environments. However, hurricanes likely have adverse impacts on the habitat of
E. zebrina
and
O. strigatus
by destroying vegetation, opening the canopy, and thus modifying the availability of light and moisture, and creating disturbed areas conducive to invasion by nonnative plant species (Elmqvist
et al.
1994, p. 387; Asner and Goldstein 1997, p. 148; Harrington
et al.
1997, pp. 539-540; Lugo 2008, pp. 373-375, 386). Such impacts destroy or modify habitat elements (
e.g.,
stem, branch, and leaf surfaces, undisturbed ground, and leaf litter) required to meet the snails' basic life-history requirements. In addition, high winds and intense rains from hurricanes can also dislodge individual snails from the leaves and branches of their host plants and deposit them on the forest floor where they may be crushed by falling vegetation or exposed to predation by nonnative rats and snails (Hadfield 2011, pers. comm.). Therefore, we consider the threat of flooding and high water levels associated with the high wind and intense rains caused by hurricanes to be a factor in the continued existence of
E. zebrina
and
O. strigatus.

(16) Comment:
Two commenters recommended that the proposed rulemaking needed to be explained to traditional leaders, local people, and to a larger audience than attended the public hearing and informational meeting.

Our Response:
We conducted a public hearing and public informational meeting on January 21, 2016, at which Service staff were available to answer questions from the public with Samoan language translation provided at both events. We published a notice of the

availability of the proposed rule in the local newspaper and accepted public comments on the proposed rule for a total of 90 days. We sent notification of publication of the proposed rule and public comment periods by mail to the Congressional Representative, American Samoa Government agencies, and local stakeholders. We conducted numerous radio and television interviews at local stations and provided information on the five species and the rulemaking process. We made a presentation and answered questions regarding the proposed rulemaking during a meeting with the members of the Office of Samoan Affairs on January 25, 2016, and we also conducted meetings with the American Samoa Government Department of Agriculture, Department of Marine and Wildlife Resources, Office of the Attorney General; and Federal agency partners including the National Park of American Samoa, NOAA-National Ocean Service, and the U.S. Department of Agriculture Natural Resource Conservation Service.

(17) Comment:
Two commenters recommended further study of the species proposed for listing as endangered.

Our Response:
We are required to make our determination based on the best scientific and commercial data available at the time of our rulemaking. We considered the best scientific and commercial data available regarding the five species to evaluate their potential status under the Act. We solicited peer review of our evaluation of the available data, and peer reviewers supported our analysis. Science is a cumulative process, and the body of knowledge is ever-growing. In light of this fact, the Service will always take new research into consideration. If new scientific information supports revision of this rule in the future, the Service will issue a proposed rule consistent with the Act and our established work priorities at that time.

(18) Comment:
One commenter questioned why species thought to be extirpated in American Samoa, such as the mao, are being considered for listing. The commenter also expressed concern regarding the reintroduction of such species.

Our Response:
We previously determined that the mao warranted listing under the Act (79 FR 72450; December 4, 2014) and present our determination of its status as endangered in this final rule. A species may become extirpated in a portion of its range and be listed throughout its range. The mao occurred historically on Tutuila, but is now considered to be extirpated there. If the mao occurs once again on Tutuila, whether as a result of natural dispersal or a reintroduction program, this species will be subject to the protections of the Act there.

The primary purpose of the Act is the conservation of endangered and threatened species and the ecosystems upon which they depend. Once a species is listed as endangered or threatened under the Act, conservation measures provided to such species include recognition, recovery actions, requirements for Federal protection, and prohibitions against certain practices. For more information, please see Available Conservation Measures, below. The Service is required under section 4(f)(1) of the Act to prepare recovery plans for newly listed species, unless we determine that such a plan will not promote the conservation of the species. Reestablishing a threatened or endangered species in its former range is often necessary to enable or sustain recovery. Successful species recovery efforts necessitate the Service working collaboratively with Federal, State, and local agencies, conservation organizations, the business community, landowners, and other concerned citizens. Therefore, we look forward to working collaboratively with all stakeholders in efforts to conserve the mao and other listed species.

Summary of Changes From Proposed Rule

In preparing this final rule, we reviewed and fully considered comments from the peer reviewers and public on the proposed listings for the five species. This final rule incorporates the following substantive changes to our proposed rule, based on the comments we received:

(1) We have added habitat destruction or modification by feral goats as a threat to the continued existence or survival of the Pacific sheath-tailed bat in Fiji (see the discussion below under Pacific sheath-tailed bat, Summary of Factor A: The Present or Threatened Destruction, Modification, or Curtailment of Its Habitat or Range).

(2) We erroneously included “overutilization for scientific purposes” in our assessment of threats to
Eua zebrina
in the proposed rule and have removed this factor from the Summary of Factors Affecting
E. zebrina
in this final rule.

Other than the two changes just discussed and minor changes in response to recommendations, in this final rule, we made no substantive changes to the proposed rule.

Background

Species Addressed in This Final Rule

The table below (table 1) provides the common name, scientific name, listing status, and range for the species that are the subjects of this final rule.

Table 1—Species Addressed in This Final Rule

Common name
[Samoan name or other local name]

Scientific name
Listing status
Locations where listed

Mammals

Pacific sheath-tailed bat (South Pacific subspecies) [beka beka, peapea vai, tagiti]

Emballonura
,
semicaudata
,
semicaudata

Endangered
American Samoa, Fiji, Samoa, Tonga, Vanuatu.

Birds

Mao [maomao]

Gymnomyza
,
samoensis

Endangered
American Samoa, Samoa.

Friendly (shy) ground-dove [tuaimeo]

Gallicolumba stairi

Endangered
American Samoa DPS.

Snails

No common name

Eua zebrina

Endangered
American Samoa.

No common name

Ostodes strigatus

Endangered
American Samoa.

Please refer to the proposed listing rule (80 FR 61568; October 13, 2015) for geographic descriptions of the Samoan Archipelago, Samoa, Kingdom of Tonga, Republic of Fiji, Republic of Vanuatu, Territory of the Wallis and Futuna Islands and for additional factual details of the factors affecting the species, such as descriptions of nonnative plant species that affect the species' habitat. Our assessment evaluated the biological status of the five species and threats affecting their continued existence. The assessment was based upon the best available scientific and commercial data and, except where noted below (and in the Summary of Changes From Proposed Rule, above), has not changed as a result of the new information obtained during the comment periods.

Pacific sheath-tailed bat (South Pacific subspecies),
Emballonura semicaudata
ssp.
semicaudata,
Peapea vai (American Samoa), Tagiti (Samoa), Beka beka (Fiji)

The Pacific sheath-tailed bat is a member of the Emballonuridae, an Old World bat family that has an extensive distribution primarily in the tropics (Nowak 1994, pp. 90-91). A Samoan specimen was first described by Peale in 1848 as
Vespertilio semicaudatus
(Lyon and Osgood 1909, p. 259). The species was later included in the genus
Emballonura
(Temminck 1838; cited in the Integrated Taxonomic Information System (ITIS) 2014) and is now known as
Emballonura semicaudata
(Smithsonian Institution 1909; Tate and Archbold 1939, p. 8). This species is a small bat. Males have a forearm length of about 1.8 in (45 millimeters (mm)), and weigh approximately 0.2 ounces (oz) (5.5 grams (g)), and females are slightly larger in size and weight (Lemke 1986, p. 744; Nowak 1994, p. 91; Flannery 1995, p. 326; Uyehara and Wiles 2009, p. 5).

The Pacific sheath-tailed bat was once common and widespread in Polynesia, eastern Melanesia, and Micronesia and is the only insectivorous bat recorded from a large part of this area (Hutson
et al.
2001, p. 138). Sheath-tailed bats are rich brown to dark brown above and paler below (Walker and Paradiso 1983, p. 211). The common name “sheath-tailed bat” refers to the nature of the tail attachment: The tail pierces the tail membrane, and its tip appears completely free on the upper surface of the membrane (Walker and Paradiso 1983, p. 209). The Pacific sheath-tailed bat (all subspecies) is listed as Endangered in the 2015 IUCN (International Union for Conservation of Nature) Red List (Bonaccorso and Allison 2008). Endangered is IUCN's second most severe category of extinction assessment, which equates to a very high risk of extinction in the wild. IUCN criteria include the rate of decline, population size, area of geographic distribution, and degree of population and distribution fragmentation; however, IUCN rankings do not confer any actual protection or management.

Four subspecies of Pacific sheath-tailed bats are currently recognized:
E. s. rotensis,
endemic to the Mariana Islands (Guam and the Commonwealth of the Northern Mariana Islands (CNMI); listed as endangered in 2014 (80 FR 59497, October 1, 2015), and referred to here as the Mariana subspecies);
E. s. sulcata
in Chuuk and Pohnpei;
E. s. palauensis
in Palau; and
E. s. semicaudata
in American Samoa, Samoa, Tonga, Fiji, and Vanuatu (Koopman 1997, pp. 358-360; Oyler-McCance
et al.
2013, pp. 1,030-1,036), referred to here as the South Pacific subspecies. Recent analysis found greater genetic differences between
E. s. rotensis, E. s. palauensis,
and
E. s. semicaudata
than typically reported between mammalian subspecies (Oyler-McCance
et al.
2013, p. 1,030). Hereafter, “bat” or “Pacific sheath-tailed bat” refers to the South Pacific subspecies unless otherwise noted.

All subspecies of the Pacific sheath-tailed bat appear to be cave-dependent, roosting during the day in a wide range of cave types, including overhanging cliffs, crevices, lava tubes, and limestone caves (Grant 1993, p. 51; Grant
et al.
1994, pp. 134-135; Hutson
et al.
2001, p. 139; Palmeirim
et al.
2005, p. 28). Large roosting colonies appear fairly common in the Palau subspecies, but smaller aggregations may be more typical of at least the Mariana subspecies and perhaps other species of
Emballonura
(Wiles
et al.
1997, pp. 221-222; Wiles and Worthington 2002, pp. 15, 17). The Mariana subspecies, which persists only on the island of Aguiguan (CNMI), appears to prefer relatively large caves (Wiles
et al.
2009, p. 15 in O'Shea and Valdez 2009). The limestone cave ecosystem of the Mariana subspecies on Aguiguan is characterized by constant temperature, high relative humidity, and no major air movement (O'Shea and Valdez 2009, pp. 77-78). Such basic habitat data are lacking for the South Pacific subspecies of Pacific sheath-tailed bat, but may be important because the alteration of climate conditions has been implicated in the abandonment of roost caves by other bat species (Hutson
et al.
2001, p. 101). Pacific sheath-tailed bats are commonly found sharing caves with swiftlets (
Aerodramus
spp.) (Lemke 1986, p. 744; Hutson
et al.
2001, p. 139; Tarburton 2002, p. 106; Wiles and Worthington 2002, p. 7, Palmeirim
et al.
2005, p. 28). All subspecies of the Pacific sheath-tailed bat are nocturnal and typically emerge around dusk to forage on flying insects (Hutson
et al.
2001, p. 138; Craig
et al.
1993, p. 51). The Mariana Islands subspecies forages almost entirely in forests (native and nonnative) near their roosting caves (Esselstyn
et al.
2004, p. 307). Other subspecies in Micronesia have been observed foraging beneath the canopy of dense native forest (on Pohnpei) and over town streets (Palau and Chuuk) (Bruner and Pratt 1979, p. 3). The bat's preferred foraging habitat is mature well-structured forest with a high and dense canopy (Kalko 1995, pp. 262-265; Esselstyn
et al.
2004, p. 307; Palmeirim
et al.
2005, p. 29; (Gorreson et al. 2009, p. 336; Valdez et al. 2011, pp. 306-307; Marques et al. 2015, pp. 6-EV-9-EV).

In American Samoa, Amerson
et al.
(1982, p. 74) estimated a total population of approximately 11,000 Pacific sheath-tailed bats in 1975 and 1976. A precipitous decline of the bat on the island of Tutuila has been documented since 1990 (Grant
et al.
1994, p. 134; Koopman and Steadman 1995, pp. 9-10; Helgen and Flannery 2002, pp. 4-5). Knowles (1988, p. 65) recorded about 200 in 1988, and in 1993, observers caught one bat and saw only three more (Grant
et al.
1994, p. 134). A single bat was also observed on two occasions in a small cave north of Alao (Grant
et al.
1994, pp. 134-135). Additional small caves and lava tubes have been checked for bats and swiftlets, however, Tutuila is entirely volcanic and does not have the extensive limestone cave systems that provide bat roosting habitat in the Mariana Islands and other Pacific island groups (Grant
et al.
1994, p. 135). Two individuals were last observed in the cave at Anapeapea Cove on the north shore of Tutuila in 1998 (Hutson
et al.
2001, p. 138). Surveys conducted by the Department of Marine and Wildlife Resources (DMWR) in 2006 failed to detect the presence of this species (DMWR 2006, p. 53). In an attempt to ascertain whether the species is still extant, DMWR conducted surveys consisting of acoustic sweeps and cave checks on all main islands in 2008 and 2012, and no bats were detected (Fraser
et al.
2009, p. 9; U.R. Tulafono 2011, in litt.; DMWR 2013, in litt.). Based on its decline and the lack of detections since it was last seen in 1998, this species is thought to be nearly extirpated (if not already extirpated) in American Samoa (DMWR 2006, p. 54; Uyehara and Wiles

2009, p. 5). DMWR continues to conduct acoustic surveys in search of the Pacific sheath-tailed bat in American Samoa (Miles 2015a, in litt.).

In Samoa, the Pacific sheath-tailed bat is known from the two main islands of Upolu and Savaii, but the species has experienced a severe decline over the last several decades, and has been observed only rarely since Cyclones Ofa (1990) and Val (1991) (Lovegrove
et al.
1992, p. 30; Park
et al.
1992, p. 47; Tarburton 2002, pp. 105-108). This species was previously abundant on Upolu with an individual cave estimated to support several thousand individuals (Ollier
et al.
1979, pp. 22, 39). A survey of 41 lava tube caves and other locations on Upolu and Savaii conducted from 1994 to 1997 detected a total of 5 individuals at two sites, which had declined to 2 individuals total by the end of the survey (Hutson 2001, p. 139; Tarburton 2002, pp. 105-108, Tarburton 2011, p. 38). In Samoa, the Pacific sheath-tailed bat occupies sea caves and lava tubes located from the coast up to elevations of 2,500 ft (762 m) that range from 49 ft (15 m) to more than 2,130 ft (650 m) in length; vary in height and width, number of openings, and degree of branching; and may be subject to rockfalls and flooding during high rain events (Tarburton 2011, pp. 40-49).

In Tonga, the distribution of the Pacific sheath-tailed bat is not well known. It has been recorded on the island of Eua and Niaufoou (Rinke 1991, p. 134; Koopman and Steadman 1995, p. 7), and is probably absent from Ata and Late (Rinke 1991, pp. 132-133). In 2007, ten nights of acoustic surveys on Tongatapu and Eua failed to record any detections of this species (M. Pennay pers. comm. in Scanlon
et al.
2013, p. 456). Pennay describes Eua as the place most likely to support the Pacific sheath-tailed bat because of the island's large tracts of primary forest and many rocky outcrops and caves, but he considers the bat to be extremely rare or extirpated from both islands (M. Pennay pers. comm. in Scanlon
et al.
2013, p. 456).

In Fiji, the Pacific sheath-tailed bat is distributed throughout the archipelago, on large islands such as Vanua Levu and Taveuni, medium-sized islands in the Lau group (Lakeba, Nayau, Cicia, Vanua Balavu), and small islets such as Yaqeta in the Yasawa group and Vatu Vara and Aiwa in the Lau group (Palmeirim
et al.
2005, pp. 31-32). Pacific sheath-tailed bats in Fiji roost in lava tubes and limestone caves of varying length and width, beneath rock outcrops, and in cave-like areas formed by irregularly shaped boulders located in areas along the coast and up to 6.2 mi (10 km) inland (Palmierim
et al.
2007, pp. 1-13). Running water or pools of water are a common occurrence in inland caves with streams running through or coastal caves that are tidally influenced (Palmierim
et al.
2007, pp. 1-13). Habitat surrounding roost sites includes undisturbed forest, secondary forest, cultivated areas, and forested cliffs (Palmierim
et al.
2007, pp. 1-13). The species was reported as common some decades ago on the small, volcanic island of Rotuma, a Fijian dependency, approximately 372 mi (600 km) from the Fiji archipelago (Clunie 1985, pp. 154-155). Although widely distributed, the species clearly has suffered a serious decline since the 1950s as evidenced by a contraction of its range and a decline in density and abundance on the islands where it still occurs (Flannery 1995, p. 327; Palmeirim
et al.
2005, p. 31). In 2000 to 2001, bats were absent or present in diminished numbers in many of the caves known previously to be occupied on 30 Fijian islands, and villagers reported that small bats, presumably Pacific sheath-tailed bats, were no longer commonly seen (Palmeirim
et al.
2005, p. 31).

The species is predicted to be extirpated or nearly so on Kadavu, Vanua Levu, and Fiji's largest island, Viti Levu, where it was known to be widespread until the 1970s (Palmeirim
et al.
2005, p. 31; Scanlon
et al.
2013, p. 453). Field observations during the 2000 to 2001 surveys documented a single large colony of several hundred individuals on Yaqeta Island in the Yasawa group and a large colony on Vatu Vara Island in the Lau group, but otherwise only a few to dozens of individuals scattered among caves on small and remote islands in the Lau group (Palmeirim
et al.
2005, pp. 55-62). Scanlon
et al.
2013 (p. 453) revisited the large cave colony on Yaqeta between 2007 and 2011 and described it as without any evidence of any recent use by bats (
e.g.,
odor, fresh guano) and probably abandoned. The loss of the Yaqeta colony and the species' overall declining trend across the archipelago led Scanlon
et al.
2013 (p. 456) to infer a reduction in population size of greater than 80 percent over the last 10 years. The most important remaining sites for the protection of this species are likely those on small and mid-sized islands in Lau where bats still occur (Palmeirim
et al.
2007, p. 512).

In Vanuatu, the Pacific sheath-tailed bat is known from two museum specimens, one collected in 1929 and one collected before 1878, both on the main island of Espiritu Santo (Helgen and Flannery 2002, pp. 210-211). No subsequent expeditions have recorded sheath-tailed bats, suggesting that this species was either extirpated or perhaps never actually occurred in Vanuatu (Medway and Marshall 1975, pp. 32-33; Hill 1983, pp. 140-142; Flannery 1995, p. 326; Helgen and Flannery 2002, pp. 210-211; Palmeirim
et al.
2007, p. 517). For example, Medway and Marshall (1975, p. 453) detected seven other small, insectivorous bats (family Microchiroptera) in Vanuatu, but failed to observe the Pacific sheath-tailed bat, possibly as a result of survey sites and methods. However, the Vanuatu provenance of the two specimens is not in question (Helgen and Flannery 2002, p. 211). The current disjunct distribution of the Pacific sheath-tailed bat (all subspecies) is suggestive of extinctions (Flannery 1995, p. 45), and the possible extirpation of the South Pacific subspecies from Vanuatu could be an example of this possibility (Helgen and Flannery 2002, p. 211). The bat's status in Vanuatu is unknown, and a basic inventory of Vanuatu's bat fauna is lacking (Helgen and Flannery 2002, p. 211).

In summary, the Pacific sheath-tailed bat, once widely distributed across the southwest Pacific islands of American Samoa, Samoa, Tonga, and Fiji, has undergone a significant decline in numbers and contraction of its range. Reports of possible extirpation or extremely low numbers in American Samoa and Samoa, steep population declines in Fiji, and the lack of detections in Tonga and Vanuatu, suggest that the Pacific sheath-tailed bat is vulnerable to extinction throughout its range. The remaining populations of the Pacific sheath-tailed bat continue to experience habitat loss from deforestation and development, predation by introduced mammals, and human disturbance of roosting caves, all of which are likely to be exacerbated in the future by the effects of climate change (see Summary of Factors Affecting the Pacific Sheath-tailed Bat discussion below). In addition, low population numbers and the breakdown of the metapopulation equilibrium across its range render the remaining populations of Pacific sheath-tailed bat more vulnerable to chance occurrences such as hurricanes.

Summary of Factors Affecting the Pacific Sheath-Tailed Bat

Section 4 of the Act (16 U.S.C. 1533), and its implementing regulations at 50 CFR part 424, set forth the procedures for adding species to the Federal Lists of Endangered and Threatened Wildlife and Plants. Under section 4(a)(1) of the

Act, we may list a species based on (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B) Overutilization for commercial, recreational, scientific, or educational purposes; (C) Disease or predation; (D) The inadequacy of existing regulatory mechanisms; or (E) Other natural or manmade factors affecting its continued existence. Listing actions may be warranted based on any of the above threat factors, singly or in combination.

Factor A: The Present or Threatened Destruction, Modification, or Curtailment of Its Habitat or Range

Habitat Destruction and Modification by Deforestation

Deforestation has caused the destruction and modification of foraging habitat of the Pacific sheath-tailed bat as a result of the loss of cover and reduction of available insect prey. The loss of native plant diversity associated with the conversion of native forests to agriculture and other uses usually results in a corresponding reduction in the diversity and number of flying insects (Hespenheide 1975, pp. 84, 96; Waugh and Hails 1983, p. 212; Tarburton 2002, p. 107). Deforestation results from logging, agriculture, development, and hurricanes (Government of Samoa 2001, p. 59; Wiles and Worthington 2002, p. 18). Based on the preference of the Mariana subspecies for foraging in forested habitats near their roost caves, Wiles
et al.
(2011, p. 307) predict that past deforestation in the Mariana archipelago may be a principal factor in limiting their current population to the island of Aguiguan, which has healthy native forest. Similarly, in Fiji, most sheath-tailed bat colonies are found roosting in caves in or near good forest (
e.g.,
closed canopy, native forest) (Palmeirim
et al.
2005, pp. 36, 44); however, much of it has been lost on the large Fijian islands (Palmeirim
et al.
2007, p. 515).

Deforestation has been extensive and is ongoing across the range of the Pacific sheath-tailed bat. On the island of Tutuila, American Samoa, agriculture and development cover approximately 24 percent of the island and are concentrated in the coastal plain and low-elevation areas where loss of forest is likely to have modified foraging habitat for sheath-tailed bats (American Samoa Community College (ASCC) 2010, p. 13). In Samoa, the amount of forested area declined from 74 to 46 percent of total land area between 1954 and 1990 (Food and Agricultural Organization (FAO) 2005 in litt.). Between 1978 and 1990, 20 percent of all forest losses in Samoa were attributable to logging, with 97 percent of the logging having occurred on Savaii (Government of Samoa 1998 in Whistler 2002, p. 132). Forested land area in Samoa continued to decline at a rate of roughly 2.1 percent or 7,400 ac (3,000 ha) annually from 1990 to 2000 (FAO 2005 in litt.). As a result, there is very little undisturbed, mature forest left in Samoa (Watling 2001, p. 175; FAO 2005 in litt.).

Today, only 360 ac (146 ha) of native lowland rainforests (below 2,000 ft or 600 m) remain on Savaii and Upolu as a result of logging, agricultural clearing, residential clearing (including relocation due to tsunami), and natural causes such as rising sea level and hurricanes (Ministry of Natural Resources and Environment (MNRE) 2013, p. 47).

On Upolu, direct or indirect human influence has caused extensive damage to native forest habitat (above 2,000 ft or 600 m) (MNRE 2013, p. 13). Although forested, almost all upland forests on Upolu are largely dominated by introduced species today. Savaii still has extensive upland forests, which are for the most part undisturbed and composed of native species (MNRE 2013, p. 40). Although the large Fijian islands still have some areas of native forest, much of it has been lost (
e.g.,
17 percent between 1990 and 2000; FAO 2005 in litt.), and commercial logging continues (Palmeirim
et al.
2007, p. 515). The best available information does not provide the current status of native forests and rates of forest loss in Tonga or Vanuatu. Native forests are preferred foraging habitat of the Pacific sheath-tailed bat, and deforestation is occurring in Fiji (where the last relatively large population occurs), and in Samoa, and has occurred in American Samoa. Therefore, we conclude that habitat destruction and modification by deforestation is a current threat to the species. This threat is concentrated in Fiji and Samoa, which comprise roughly 62 percent of the land area and occupy the center of the bat's range.

Habitat Destruction and Modification by the Feral Goats

Overgrazing by nonnative feral goats has resulted in the destruction and degradation of forests on island ecosystems (Esselsytn
et al.
2004, p. 307; Palmeirim
et al.
2005, p. 46; Berger
et al.
2011, pp. 36, 38, 40, 42-47; CNMI-SWARS 2010, p. 15; Kessler 2011, pp. 320-323; Pratt 2011, pp. 2, 36; Welch
et al.
2016). Overgrazing of the forest understory by goats resulted in little or no recruitment of canopy tree species in areas of known populations of the Pacific sheath-tailed bat on small islands in the Lau Group in Fiji (Palmeirim
et al.
2005, p. 46) and on Aguiguan Island in the Northern Mariana Islands, where the endangered Mariana subspecies (
E. semicaudata rotensis
) occurs (Gorreson
et al.
2009, p. 339). Palmeirim
et al.
(2005, p. 46) predicted that continued overgrazing would result in the demise of the forests that are so important for the Pacific sheath-tailed bat. Despite the reported negative impacts of goat browsing on tree recruitment, the current amount of well-developed forest canopy habitat and availability of food resources suggest that the bat is currently able to persist on islands where feral goat browsing is occurring (Esselsytn
et al.
2004, p. 307; Palmeirim
et al.
2005, pp. 28-29). However, because the direct and indirect impacts of goat browsing on the preferred foraging habitat of the bat are currently occurring and expected to continue into the future in Fiji, we conclude that habitat destruction and degradation by goat browsing is a threat to the continued existence of the bat in Fiji.

Conservation Efforts To Reduce Habitat Destruction, Modification, or Curtailment of Its Range

American Samoa

The National Park of American Samoa (NPSA) was established to preserve and protect the tropical forest and archaeological and cultural resources, to maintain the habitat of flying foxes, to preserve the ecological balance of the Samoan tropical forest, and, consistent with the preservation of these resources, to provide for the enjoyment of the unique resources of the Samoan tropical forest by visitors from around the world (Pub. L. 100-571, Pub. L. 100-336). Under a 50-year lease agreement between local villages, the American Samoa Government, and the Federal Government, approximately 8,000 ac (3,240 ha) of forested habitat on the islands of Tutuila, Tau, and Ofu are protected and managed, including suitable foraging habitat for the Pacific sheath-tailed bat (NPSA Lease Agreement 1993).

Samoa

As of 2014, a total of approximately 58,176 ac (23,543 ha), roughly 8 percent of the total land area of Samoa (285,000 ha) was enlisted in terrestrial protected areas, with the majority located in five national parks covering a total of 50,629 ac (20,489 ha), overlapping several sites known to be previously occupied by the

bat (Tarburton 2002, pp. 105-107; Tarburton 2011, pp. 43-46).

Fiji

Fiji currently has 23 terrestrial protected areas covering 188 sq mi (488 sq km) or 2.7 percent of the nation's land area (Fiji Department of Environment 2014, pp. 20-21). Most notably, on Taveuni Island, the Bouma National Heritage Park (3,500 ac (1,417 ha)), Taveuni Forest Reserve (27,577 ac (11,160 ha)), and Ravilevu Reserve (9.934 ac (4,020 ha)) may contain caves and could provide important foraging habitat for the Pacific sheath-tailed bat (Fiji Department of Environment 2011; Naikatini 2015, in litt.; Scanlon 2015a, in litt.). Additional areas of remnant forest and important bat habitat are also managed informally under traditional custodial management systems (Scanlon 2015a, in litt.).

Summary of Factor A

Based on our review of the best available scientific and commercial information, habitat destruction and degradation by deforestation, as a result of logging and land-clearing for agriculture and other land-uses, is occurring throughout the range of the Pacific sheath-tailed bat. Although the conservation efforts described above provide some protection from timber harvesting and forest clearing for agriculture and development within protected areas, they do not provide protection of all of the sheath-tailed bat's habitat from these activities, or from grazing and browsing by feral goats or habitat degradation and destruction by hurricanes, such that listing is not warranted. Habitat destruction and modification and range curtailment are current threats to the Pacific sheath-tailed bat that are likely to persist in the future.

Factor B: Overutilization for Commercial, Recreational, Scientific, or Educational Purposes

In the analysis for our proposed rule, we had no information indicating that the Pacific sheath-tailed bat is collected for commercial, recreational, scientific, or educational purposes. We have received no new information. When this final listing becomes effective (see
DATES
, above), research and collection of this species will be regulated through permits issued under section 10(a)(1)(A) of the Act.

Factor C: Disease or Predation

Predation by Nonnative Mammals

Predation by nonnative mammals (mammals that occur in an area as a result of introduction by humans) is a factor in the decline of the Pacific sheath-tailed bat throughout its range. Terrestrial predators may be able to take the bat directly from its roosts, which are often in exposed sites such as shallow caves, rock overhangs, or cave entrances. Domestic and feral cats (
Felis catus
) can capture low-flying bats; cats have been documented to wait for bats as they emerge from caves and capture them in flight (Tuttle 1977 in Palmeirim
et al.
2005, p. 33; Ransome 1990 in Palmeirim
et al.
2005, p. 33; Woods
et al.
2003, pp. 178, 188). Consequently, even a few cats can have a major impact on a population of cave-dwelling bats (Palmeirim
et al.
2005, p. 34).

Of the predators introduced to Fiji, cats are the most likely to prey on bats (Palmeirim
et al.
2005, pp. 33-34). On Cicia Island in the Lau group in Fiji, Palmeirim
et al.
(2005, p. 34) observed a cat next to the entrance of a cave where Pacific sheath-tailed bats roosted, far from any human settlement. On Lakeba (Lau), a cave that once harbored a large colony of Pacific sheath-tailed bats is now empty and called Qara ni Pusi (cave of the cat; (Palmeirim
et al.
2005, p. 34)). Feral cats are also present on Tutuila and on the Manua Islands in American Samoa, (Freifeld 2007, pers. comm.; Arcilla 2015, in litt.). Feral cats have also been documented in Samoa, Tonga, and are likely present in Vanuatu (Atkinson and Atkinson 2000, p. 32; Freifeld 2007, pers. comm.; Arcilla 2015, in litt.).

Rats (
Rattus
spp.) may also prey on the Pacific sheath-tailed bat. Rats are omnivores and opportunistic feeders and have a widely varied diet consisting of nuts, seeds, grains, vegetables, fruits, insects, worms, snails, eggs, frogs, fish, reptiles, birds, and mammals (Fellers 2000, p. 525; Global Invasive Species Database 2011). Rats are known to prey on non-volant (young that have not developed the ability to fly) bats at roosting sites and can be a major threat to bat colonies (Wiles
et al.
2011, p. 306). Of several nonnative rats found on islands in the Pacific, black rats (
R. rattus
) likely pose the greatest threat to Pacific sheath-tailed bats because of their excellent climbing abilities (Palmeirim 2015, in litt.). Although we lack direct evidence of black rats preying on Pacific sheath-tailed bats, this rat species has had documented, adverse impacts to other colonial species of small bats, such as Townsend's big-eared bat (
Corynorhinus townsendii
) in California (Fellers 2000, pp. 524-525), and several species (
Mystacina
spp.) in New Zealand (Daniel and Williams 1984, p. 20). Based on observations of swiftlets, cave-nesting birds often share bats' roosting caves, where smooth rock overhangs in tall caverns provide nesting surfaces safe from rats, cats, and other predators (Tarburton 2011, p. 38). However, bats roosting in caves with low ledges or those that are filled with debris as a result of rockfalls or severe weather events are likely to either abandon such caves or become more accessible to predators such as rats. Rats have been postulated as a problem for the Mariana subspecies of the Pacific sheath-tailed bat (Wiles
et al.
2011, p. 306); their remaining roost sites on Aguiguan appear to be those that are inaccessible to rodents (Wiles and Worthington 2002, p. 18; Berger
et al.
2005, p. 144). Nonnative rats are present throughout the range of Pacific sheath-tailed bats (Atkinson and Atkinson 2000, p. 32), and although we lack information about the impact of rats on this species, based on information from other bat species, we consider rats to be predators of this species.

In summary, nonnative mammalian predators such as rats and feral cats are present throughout the range of the Pacific sheath-tailed bat. Predation of related subspecies and other cave-roosting bats by rats and feral cats strongly suggests a high probability of predation of the Pacific sheath-tailed bat. Based on the above information, we conclude that predation by rats and feral cats is a current and future threat to the Pacific sheath-tailed bat throughout its range.

Disease

Disease may contribute to the decline of the Pacific sheath-tailed bat, especially because of the bat's communal roosting (Wiles and Worthington 2002, p. 13). Microchiropterans have been severely affected by certain diseases, such as white nose syndrome in North America; therefore, the possibility exists that an undetected disease has led or contributed to the extirpation of this species on several islands (Malotaux 2012a in litt.). However, disease has not been observed either in the Mariana or South Pacific subspecies of Pacific sheath-tailed bat (Palmeirim
et al.
2007, p. 517; Wiles
et al.
2011, p. 306). The best available information does not indicate that disease is a threat to this species; therefore, we conclude that disease is not a current threat to the Pacific sheath-tailed bat or likely to become a threat in the future.

Conservation Efforts To Reduce Disease or Predation

We are unaware of any conservation actions planned or implemented at this time to abate the threats of predation by

feral cats or rats to the Pacific sheath-tailed bat.

Summary of Factor C

In summary, based on the best available scientific and commercial information, we consider predation by nonnative mammals to be an ongoing threat to the Pacific sheath-tailed bat that will continue into the future. We do not find that disease is a threat to the Pacific sheath-tailed bat, or that it is likely to become one in the future.

Factor D: The Inadequacy of Existing Regulatory Mechanisms

The Act requires that the Secretary assess available regulatory mechanisms in order to determine whether existing regulatory mechanisms may be inadequate as designed to address threats to the species being evaluated (Factor D). Under this factor, we examine whether existing regulatory mechanisms are inadequate to address the potential threats to the Pacific sheath-tailed bat discussed under other factors. In determining whether the inadequacy of regulatory mechanisms constitutes a threat to the Pacific sheath-tailed bat, we analyzed the existing Federal, Territorial, and international laws and regulations that may address the threats to this species or contain relevant protective measures. Regulatory mechanisms, if they exist, may preclude the need for listing if we determine that such mechanisms adequately address the threats to the species such that listing is not warranted.

American Samoa

In American Samoa no existing Federal laws, treaties, or regulations specify protection of the Pacific sheath-tailed bat's foraging habitat from the threats of agriculture and development, protect its known roosting caves from disturbance, or address the threat of predation by nonnative mammals such as rats and feral cats. While some existing Territorial laws and regulations have the potential to afford the species some protection, their implementation does not achieve that result. The DMWR is given general statutory authority to “manage, protect, preserve, and perpetuate marine and wildlife resources” and to promulgate rules and regulations to this end (American Samoa Code Annotated (ASCA), title 24, chapter 3). This agency conducts monitoring surveys, conservation activities, and community outreach and education about conservation concerns. However, to our knowledge, DMWR has not used this authority to undertake conservation efforts for the Pacific sheath-tailed bat such as habitat protection and control of nonnative predators (DMWR 2006, pp. 79-80).

The Territorial Endangered Species Act provides for appointment of a Commission with the authority to nominate species as either endangered or threatened (ASCA, title 24, chapter 7). Regulations adopted under the Coastal Management Act (ASCA § 24.0501
et seq.
) also prohibit the taking of threatened or endangered species listed as threatened or endangered by the American Samoa Government (ASG) (American Samoa Administrative Code (ASAC) § 26.0220.I.c). However, the ASG has not listed the bat as threatened or endangered, so these regulatory mechanisms do not provide protection for this species.

Commercial hunting and exportation of the Pacific sheath-tailed bat is prohibited under ASCA, title 24, chapter 23, “Conservation of Flying Foxes,” which also authorizes and directs the ASG DMWR to monitor flying fox populations, protect roosting areas from disturbance, and conduct other activities to manage and protect the species. This law identifies the Pacific sheath-tailed bat as a “flying fox species” (ASCA § 24.2302), but it has not led to measures implemented to protect the Pacific sheath-tailed bat or its habitat from known threats. The sale and purchase of all native bats is prohibited, and the take, attempt to take, and hunting of all native bats are prohibited unless explicitly allowed during an officially proclaimed hunting season (ASAC § 24.1106); take is defined as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or to attempt to engage in such conduct (ASAC § 24.1101(f)). However, we do not consider hunting or other forms of utilization to be a threat to the Pacific sheath-tailed bat.

Under a 50-year lease agreement between local villages, the American Samoa Government, and the Federal Government, approximately 8,000 ac (3,240 ha) of forested habitat on the islands of Tutuila, Tau, and Ofu are protected and managed in the National Park of American Samoa (NPSA Lease Agreement 1993). There is the potential for development surrounding park in-holdings, but such forest clearing would be isolated and small in scale compared to the large tracts of forested areas protected. Although the lease agreement results in overall protection of the lands in the national park from development, this protection does not reduce or eliminate the range-wide threats to the Pacific sheath-tailed bat to the extent that listing is not warranted.

Under ASCA, title 24, chapter 06 (Quarantine), the director of the Department of Agriculture (DOA) has the authority to promulgate agriculture quarantine restrictions concerning animals. Using this authority, the DOA has restricted the importation of insects, farm animals, and “domestic pets,” including exotic animals, to entry by permit only (See ASAC § 24.0305
et seq.
). Yet these restrictions do not expressly extend to all non-domesticated animals, nor does the DMWR have any consultative role in restricting entry of animals (or plants) harmful to wildlife or native flora. Accordingly, existing statutes and regulations leave a great deal of discretion to the DOA, which may not block the entry of animals harmful to native species or their habitats (DMWR 2006, p. 80). These regulations do not require any measures to control nonnative animals, such as mammalian predators, that already are established and proving harmful to native species and their habitats.

The Territorial Coastal Management Act establishes a land use permit (LUP) system for development projects and a Project Notification Review System (PNRS) for multi-agency review and approval of LUP applications (ASAC § 26.0206). The standards and criteria for review of LUP applications include requirements to protect Special Management Areas (SMA), Unique Areas, and “critical habitats” where “sustaining the natural characteristics is important or essential to the productivity of plant and animal species, especially those that are threatened or endangered” on all lands and in coastal waters in the territory not under federal management authority (ASCA § 24.0501
et seq.
). To date, three SMAs have been designated (Pago Pago Harbor, Leone Pala, and Nuuuli Pala; ASAC § 26.0221), and all are in coastal and mangrove habitats on the south shore of Tutuila that likely provide little foraging habitat and no roosting habitat for the Pacific sheath-tailed bat. The only Unique Area designated to date is the Ottoville Rainforest (American Samoa Coastal Management Program 2011, p. 52), also on Tutuila's south shore, which hypothetically may provide some foraging habitat for Pacific sheath-tailed bats, but it is a relatively small island of native forest in the middle of the heavily developed Tafuna Plain (Trail 1993, p. 4), far from the last known roost sites of this species. To the best of our knowledge, no critical habitats, as defined in the ASCA, have been designated.

Nonetheless, these laws and regulations are designed to ensure that

“environmental concerns are given appropriate consideration,” and include provisions and requirements that could address to some degree threats to native forests and other habitats important to the Pacific sheath-tailed bat, even though individual species are not named (ASAC § 26.0202
et seq.
). Because the implementation of these regulations has been minimal, and because review of permits is not rigorous and does not reliably include the members of the PNRS Board responsible for management of wildlife and natural resources (ASCA § 26.026.C), issuance of permits has not provided the habitat protection necessary for the conservation of the species and there has been a continued loss of native habitat important to the Pacific sheath-tailed bat and other species as a result of land clearing for agriculture and development (DMWR 2006, p. 71). We conclude that the implementation of the Coastal Management Act and its PNRS does not address the threat of habitat destruction and degradation to the Pacific sheath-tailed bat.

In summary, some existing Territorial laws and regulatory mechanisms have the potential to offer some level of protection for the Pacific sheath-tailed bat and its habitat but are not currently implemented in a manner that would do so. The DMWR has not exercised its statutory authority to address threats, such as nonnative species, to the bat. The bat is not listed pursuant to the Territorial Endangered Species Act. The Coastal Management Act and its implementing regulations have the potential to address this threat more substantively, but are inadequately implemented. The lease agreements that establish the National Park of American Samoa do provide some protection of the bat's habitat from land-clearing for agriculture, but do not address other threats to the bat. Therefore, we conclude that regulatory mechanisms in American Samoa do not reduce or eliminate the threats to the Pacific sheath-tailed bat.

Samoa

In Samoa, the Animals Ordinance 1960 and the Protection of Wildlife Regulations 2004 regulate the protection, conservation, and utilization of terrestrial or land-dwelling species (MNRE and the Secretariat of the Pacific Regional Environment Programme (SPREP) 2012, p. 5). These laws and regulations prohibit, and establish penalties for committing, the following activities: (1) The taking, keeping, or killing of protected and partially protected animal species; (2) harm of flying species endemic to Samoa; and (3) the export of any bird from Samoa (MNRE and SPREP 2012, pp. 5-6). As described above, the Pacific sheath-tailed bat is neither endemic to the Samoan archipelago, nor is it listed as a “flying species endemic to Samoa” under the Protection of Wildlife Regulations 2004. Therefore, it is not protected by the current regulations.

The Planning and Urban Management Act 2004 (PUMA) and PUMA Environmental Impact Assessment (EIA) Regulation (2007) were enacted to ensure all development initiatives are properly evaluated for adverse environmental impacts (MNRE 2013, p. 93). The information required under PUMA for Sustainable Management Plans (Para. 18, Consultation) and Environmental Impact Assessments (Para. 46, Matters the Agency shall consider) does not include specific consideration for species or their habitat (PUMA 2004, as amended). Other similar approval frameworks mandated under other legislation address specific stressors and activities. These include the permit system under the Lands Surveys and Environment Act 1989 for sand mining and coastal reclamation, and ground water exploration and abstraction permits under the Water Resources Act 2008 (MNRE 2013, p. 93). The PUMA process has been gaining in acceptance and use; however, information is lacking on its effectiveness in preventing adverse impacts to species or their habitats (MNRE 2013, p. 93).

The Forestry Management Act 2011 aims to provide for the effective and sustainable management and utilization of forest resources. This law creates the requirement for a permit or license for commercial logging or harvesting of native, agro-forestry, or plantation forest resources (MNRE and SPREP 2012, p. 18). Permitted and licensed activities must follow approved Codes of Practice, forestry harvesting plans, and other requirements set by the Ministry of Natural Resources and Environment. Certain restrictions apply to actions on protected lands such as national parks and reserves. Permits or licenses may designate certain areas for the protection of the biodiversity, endangered species, implementation of international conventions, or water resources or area determined to be of significance on which no forestry activities may be undertaken (Forestry Management Act 2011, Para. 57). Although this law includes these general considerations for managing forest resources, it does not specifically provide protection to habitat for the Pacific sheath-tailed bat, and it does not appear to have been effective for that purpose.

Fiji

In Fiji, the Endangered and Protected Species Act (2002) regulates the international trade, domestic trade, possession, and transportation of species protected under CITES and other species identified as threatened or endangered under this act. Under the law, the Pacific sheath-tailed bat is recognized as an “indigenous species not listed under CITES.” Its recognition under the law can garner public recognition of the importance of conserving the bat and its habitat (Tuiwawa 2015, in litt.); however, because the focus of the legislation is the regulation of foreign and domestic trade, and the bat is not a species in trade, this law is not intended to provide protection for the bat or its habitat within Fiji. The best available information does not identify any laws or regulations protecting the habitat of the Pacific sheath-tailed bat in Fiji.

Tonga

In Tonga, the Birds and Fish Preservation (Amendment) Act 1989 is a law to “make provision for the preservation of wild birds and fish.” The law protects birds and fish, and provides for the establishment of protected areas, but it does not specifically protect the Pacific sheath-tailed bat or its habitat (Kingdom of Tonga 1988, 1989).

Vanuatu

In Vanuatu, the Environment Management and Conservation Act (2002) provides for conservation, sustainable development, and management of the environment of Vanuatu. Areas of the law that may apply to species protection are the Environmental Impact Assessment process, which includes an assessment of protected, rare, threatened, or endangered species or their habitats in project areas, laws on bioprospecting, and the creation of Community Conservation Areas for the management of unique genetic, cultural, geological, or biological resources (Environmental Management and Conservation Act, Part 3, Environmental Impact Assessment). Although the EMCA contains the regulatory provisions mentioned above, they do not sufficiently address the ongoing threats of deforestation, predation, and small population size for the Pacific sheath-tailed bat in Vanuatu. The Wild Bird Protection law (Republic of Vanuatu 2006) is limited to birds and does not offer protection to the Pacific sheath-tailed bat or its habitat.

Summary of Factor D

Based on the best available information, some existing regulatory mechanisms have the potential to offer protection, but their implementation does not reduce or remove threats to the Pacific sheath-tailed bat. In American Samoa the DMWR has not exercised its statutory authority to address threats to the bat such as predation by nonnative species, the bat is not listed pursuant to the Territorial Endangered Species Act, and the Coastal Management Act's land use permitting process is implemented inadequately to reduce or remove the threat of habitat destruction or modification to the Pacific sheath-tailed bat. In Samoa, laws and regulations that provide for species protection do not include the bat in lists of protected species, and laws and regulations governing environmental review of development projects do not include consideration of native species or their habitat. Forestry management laws provide for protection of native species and habitat through permitting and licensing processes but have not resulted in amelioration of habitat loss in Samoa. Fiji's endangered species law is focused on trade, and the Pacific sheath-tailed bat is not a species in trade and derives no conservation benefit from this law. Laws and regulations governing management of wildlife and native forest in Tonga and Vanuatu do not provide specific protections for the bat or its habitat, or have not resulted in conservation of habitat sufficient to preclude the need to list Pacific sheath-tailed bat. In sum, we conclude that existing regulatory mechanisms do not address the threats to the Pacific sheath-tailed bat.

Factor E: Other Natural or Manmade Factors Affecting Its Continued Existence

Roost Disturbance

Disturbance of roosting caves has contributed to the decline of the Pacific sheath-tailed bat throughout its range. Disturbance of roost caves by humans is likely to have occurred as a result of recreation, harvesting of co-occurring bat species, and, more commonly, guano mining (Grant
et al.
1994, p. 135; Tarburton 2002, p. 106; Wiles and Worthington 2002, p. 17; Palmeirim
et al.
2005, pp. 63, 66; Malotaux 2012a in litt.; Malotaux 2012b in litt.). Roost disturbance is a well-known problem for many cave-dwelling species (Palmeirim
et al.
2005, p. 3). Roosts are important sites for bats for mating, rearing young, and hibernating (in mid- and high-latitude species). Roosts often facilitate complex social interactions, offer protection from inclement weather, help bats conserve energy, and minimize some predation risk (Kunz and Lumsden 2003, p. 3); therefore, disturbance at caves and being repeatedly flushed from their roosts may cause bats to incur elevated energetic costs and other physiological stress and potentially increased risk of predation while in flight. Roost disturbance thus would negatively affect the survival and reproduction of the Pacific sheath-tailed bat.

In American Samoa, human disturbance at the two caves known to be historical roost sites for the bat is likely to be minimal. Guano mining occurred in the Anapeapea caves in the 1960s (Amerson
et al.
1982, p. 74), but ceased due to the high salt content as a result of flooding with seawater during cyclones (Grant
et al.
1994, p. 135). On Taveuni, Fiji, a cave known to be used as a roosting cave for the Pacific sheath-tailed bat is under more immediate threat by humans, as the cave is situated close to farmland, and is often used by locals (Malotaux 2012a, p. 3). On Upolu, Samoa, caves previously known to support bats are well-known and often visited by tourists; one within O le Pupu Pue National Park and others on village land (Tarburton 2011, pp. 40, 44). Swiftlets (
Aerodramus
spp.) are still observed in significant numbers in these caves (Tarburton 2011, p. 40), but these birds may be more tolerant than bats of human disturbance. We do not have information on human disturbance of roosts in Tonga or Vanuatu.

Goats are certain to enter caves for shelter from the sun and consequently can disturb roosting bats, although the extent of this disturbance is unknown (Scanlon 2015b, in litt.). Feral goats have been observed entering caves on Aguiguan Island for shelter, which disrupts colonies of the endangered swiftlet and is believed to disturb the Mariana subspecies of the Pacific sheath-tailed bat (Wiles and Worthington 2002, p. 17; Cruz
et al.
2008, p. 243; Scanlon 2015b, in litt.). Researchers found that if caves that were otherwise suitable for bats were occupied by goats, there were no bats present in the caves (Guam Division of Aquatic and Wildlife Resources 1995, p. 95). On Yaqeta Island, Fiji, a cave once known to support several hundred Pacific sheath-tailed bats but now abandoned, is located within a small forest fragment frequented by goats (Scanlon
et al.
2013, p. 453).

Populations of the Pacific sheath-tailed bat are concentrated in the caves where they roost, and chronic disturbance of these sites can result in the loss of populations, as described above. Because so few populations of this bat remain, loss of additional populations to roost disturbance further erodes its diminished abundance and distribution. Based on the above information, roost disturbance at caves accessible to humans and animals such as feral goats is a current threat and will likely continue to be a threat into the future.

Pesticides

The use of pesticides may negatively affect the Pacific sheath-tailed bat as a result of direct toxicity and a reduction in the availability of insect prey. Pesticides are known to adversely affect bat populations, either by secondary poisoning when bats consume contaminated insects or by reducing the availability of insect prey (Hutson
et al.
2001, p. 138; Mickleburgh
et al.
2002, p. 19). Pesticides may have contributed to declines and loss of the Mariana subspecies of Pacific sheath-tailed bat on islands where pesticides were once applied in great quantities (Guam, Saipan, and Tinian) (Wiles and Worthington 2002, p. 17).

In American Samoa and Samoa, current levels of pesticide use are likely lower than several decades ago when their use, particularly during the years in which taro was grown on large scales for export (1975-1985), coincided with the decline of bats in both places and has been implicated as the cause (Tarburton 2002, p. 107). However, Grant
et al.
(1994, pp. 135-136) dismissed the role of insecticides in the decline of the bat in American Samoa based on the absence of a similar population crash in the insectivorous white-rumped swiftlet (
Aerodramus spodiopygius
) and the limited use of agricultural and mosquito-control pesticides. On the island of Taveuni in Fiji, where bat populations have persisted at low levels over the last 10 years (Palmeirim
et al.
2005, p. 62, Malotaux 2012, in litt.), several locals reported that pesticide use was quite widespread, and their use may be similar on other Fijian islands (Malotaux 2012, in litt.). We do not have information about pesticide use in Tonga or Vanuatu. The best available information does not lead us to conclude that the use of pesticides is a current threat to the Pacific sheath-tailed bat or that it is likely to become one in the future.

Hurricanes

Although severe storms are a natural disturbance with which the Pacific sheath-tailed bat has coexisted for millennia, such storms exacerbate other threats to the species by adversely

affecting habitat and food resources and pose a particular threat to its small and isolated remaining populations. American Samoa, Samoa, Fiji, Tonga, and Vanuatu are irregularly affected by hurricanes (Australian BOM and CSIRO 2011 Vol. 1, p. 41). Located in the Southern Hemisphere, these countries experience most hurricanes during the November to April wet season, with the maximum occurrence between January and March (Australian BOM and CSIRO 2011 Vol. 1, p. 47). In the 41-year period ending in 2010, more than 280 hurricanes passed within 250 mi (400 km) of Samoa (52 storms), Tonga (71), Fiji (70), and Vanuatu (94) (Australian BOM and CSIRO 2011, pp. 76, 186, 216, 244). In recent decades, several major (named) storms have hit American Samoa and Samoa (Tusi in 1987, Ofa in 1990, Val in 1991, Heta in 2004, and Olaf in 2005 (MNRE 2013, pp. 31-32; Federal Emergency Management Agency 2015, in litt.)); Tonga (Waka in 2001 and Ian in 2014 (Tonga Meteorological Service 2006, in litt.; World Bank 2014, in litt.)); Fiji (Tomas in 2010 (Digital Journal 2010, in litt.)); and, most recently, Vanuatu (Pam in 2015 (BBC 2015, in litt.)).

The high winds, waves, strong storm surges, high rainfall, and flooding associated with hurricanes, particularly severe hurricanes (with sustained winds of at least 150 mi per hour or 65 m per second) cause direct mortality of the Pacific sheath-tailed bat. Cyclones Ofa (1990) and Val (1991) removed the dense vegetation that had obscured the entrance to the larger cave at Anapeapea Cove, inundated the cave with water, filled it with coral and fallen trees, and washed the cave walls clean (Craig
et al.
1993, p. 52; Grant
et al.
1994, p. 135). The majority of sheath-tailed bats in the cave likely were killed when the hurricane hit (Grant
et al.
1994, p. 135).

Hurricanes also cause direct mortality of the Pacific sheath-tailed bat as a result of the bats' inability to forage during extended periods of high wind or rain, during which they may starve. Cyclone Val (December 1991) remained stationary over the Samoan archipelago for 4 days, and Pacific sheath-tailed bats likely were unable to feed during this time (Grant
et al.
1994, p. 135). Despite the ability of Pacific sheath-tailed bats to enter torpor to survive episodes of inclement weather, the high ambient temperatures in Samoa may preclude the energy savings necessary to sustain a small (4-7-g) torpid bat for an extended period (Grant
et al.
1994, p. 135).

Hurricanes may also cause modification of the roosting habitat of the Pacific sheath-tailed bat by modifying vegetation in and around cave entrances and altering climate conditions within roosting caves as a result. Microchiropterans, such as the Pacific sheath-tailed bat, can spend over half their lives in their roosts; consequently, the microclimate of these habitats can exert a strong influence over their heat-energy balance (Campbell
et al.
2011, p. 174). The presence of nearby forest cover and a well-developed tree canopy at cave entrances is likely to be important in maintaining temperature and relative humidity, and minimizing air movement in bat roosts, while allowing for passage. O'Shea and Valdez (2009, pp. 77-78) characterized the limestone cave ecosystem of the Mariana subspecies on Aguiguan as having constant temperature, high relative humidity, and no major air movement. Although such data are lacking for the Pacific sheath-tailed bat, alteration of climate conditions has been implicated in the abandonment of roost caves by other bat species (Hutson
et al.
2001, p. 101).

Loss of forest cover and associated insect prey for bats as a result of hurricanes can reduce foraging opportunities. Following Cyclones Ofa (1990) and Val (1991), about 90 percent of the forests on Upolu and Savaii were blown over or defoliated (Park
et al.
1992, p. 4; Elmqvist
et al.
2002, pp. 385, 388). Tarburton (2002, p. 107) noted that the abundance of flying insects remained low for weeks after cyclones had defoliated trees. Although the Pacific sheath-tailed bat has the capacity to forage in a variety of habitats, a study of habitat use by the Mariana subspecies showed a clear preference for forested habitats (Esselstyn
et al.
2004, p. 307). Finally, the Pacific sheath-tailed bat's severely diminished abundance and distribution increase the likelihood that mortality events will cause population-level impacts and increase the vulnerability of populations and of the species to environmental catastrophes. Based on the information described above, we consider hurricanes to be a factor that exacerbates other threats to the Pacific sheath-tailed bat.

Low Numbers of Individuals and Populations

The low numbers of individuals and populations of this subspecies place the Pacific sheath-tailed bat at great risk of extinction from inbreeding and stochastic events such as storms. The threat is significant for cave-dwelling species whose populations are often highly localized with few numbers of animals that can easily be lost in a severe storm, disease outbreak, or disturbance to the roost caves (Wiles and Worthington 2002, p. 20).

Species that undergo significant habitat loss and degradation and face other threats resulting in decline in numbers and range reduction are inherently highly vulnerable to extinction resulting from localized catastrophes such as severe storms or disease outbreaks, climate change effects, and demographic stochasticity (Shaffer 1981, p. 131; Gilpin and Soulé 1986, pp. 24-34; Pimm
et al.
1988, p. 757; Mangel and Tier 1994, p. 607). Conditions leading to this level of vulnerability are easily reached by island species that face numerous threats such as those described above. Small populations persisting in fragmented habitat face increased risk from environmental catastrophes, such as hurricanes, which could immediately extinguish some or all of the remaining populations; demographic stochasticity that could leave the species without sufficient males or females to be viable; or inbreeding depression or loss of adaptive potential that can be associated with loss of genetic diversity and result in eventual extinction (Shaffer 1981, p. 131; Lacy 2000, pp. 40, 44-46). The problems associated with small population size and vulnerability to natural catastrophes or random demographic or genetic fluctuations are further magnified by synergistic interactions with ongoing threats such as those discussed above under Factors A and C (Lacy 2000, pp. 45-47).

Breakdown of the Metapopulation Equilibrium

The Pacific sheath-tailed bat is thought to have a metapopulation structure (Palmeirim
et al.
2005, p. 29), and will only persist in an archipelago if the island colonization rate is sufficiently high to compensate for the rate of extirpation caused by stochastic factors on individual islands (Palmeirim
et al.
2005, p. 36). However, the colonization rate is obviously proportional to the availability of source populations; immigration of bats to recolonize sites or islands where the species was extirpated is dependent on sufficient numbers of animals existing in multiple other sites or islands within dispersal distance (Hanski and Gilpin 1991, pp. 4-14). Consequently, the extirpation of the Pacific sheath-tailed bat from some islands, particularly from the largest islands, may in the long term result in the permanent regional extinction of the species, even if suitable environmental conditions persist on some islands (Palmeirim
et al.
2005, p. 36). For example, the continued decline of the only significant source

population of Pacific sheath-tailed bat in the Fijian archipelago greatly diminishes the probability of recolonization and persistence throughout the remainder of its range in Fiji, where it is currently considered to be extirpated or nearly extirpated. The loss of a functioning metapopulation is a current threat and will continue to be a threat in the future.

Effects of Climate Change

Our analyses under the Act include consideration of ongoing and projected changes in climate. Currently, there are no climate change studies that address impacts to the specific habitat of the Pacific sheath-tailed bat. There are, however, climate change studies that address potential changes in the tropical Pacific on a broader scale. In our analyses, we reference the scientific assessment and climate change predictions for the western Pacific region prepared by the Pacific Climate Change Science Program (PCCSP), a collaborative research partnership between the Australian Government and 14 Pacific Island countries, including Samoa, Tonga, Fiji, and Vanuatu (Australian BOM and CSIRO 2011 Vol. 1, p. 15). The assessment builds on the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC), and presents regional predictions for the area roughly between 25° S. to 20° N. and 120° E. to 150° W. (excluding the Australian region south of 10° S. and west of 155° E.) (Australian BOM and CSIRO 2011 Vol. 1, pp. 14, 20). The findings for Samoa (13° S. and 171° E) may be used as a proxy for American Samoa (14 °S. and 170° W.).

The annual average air temperatures and sea surface temperatures are projected to increase in American Samoa, Samoa, Fiji, Tonga, and Vanuatu, as well as throughout the western Pacific region (Australian BOM and CSIRO 2011 Vol. 2, pp. 91, 198, 228, 258). The projected regional warming is around 0.5-1.0 °C by 2030, regardless of the emissions scenario. By 2055, the warming is generally 1.0-1.5 °C with regional differences depending on the emissions scenario. Projected changes associated with increases in temperature include, but are not limited to, changes in mean precipitation with unpredictable effects on local environments (including ecosystem processes such as nutrient cycling), increased occurrence of drought cycles, increases in the intensity and number of severe storms, sea-level rise, a shift in vegetation zones upslope, and shifts in the ranges and lifecycles of individual species (Loope and Giambelluca 1998, pp. 514-515; Pounds
et al.
1999, pp. 611-612; IPCC AR4 2007, p. 48; Emanuel
et al.
2008, p. 365; U.S. Global Change Research Program (US-GCRP) 2009, pp. 145-149, 153; Keener
et al.
2010, pp. 25-28; Sturrock
et al.
2011, p. 144; Townsend
et al.
2011, pp. 14-15; Warren 2011, pp. 221-226; Finucane
et al.
2012, pp. 23-26; Keener
et al.
2012, pp. 47-51).

In the western Pacific region, increased ambient temperatures are projected to lead to increases in annual mean rainfall, the number of heavy rain days (20-50 mm), and extreme rainfall events in American Samoa, Samoa Fiji, Tonga, and Vanuatu (Australian BOM and CSIRO 2011 Vol. 1, p. 178; Australian BOM and CSIRO 2011 Vol. 2, pp. 87-88, 194-195, 224-225, 254-255). Impacts of increased precipitation on the Pacific sheath-tailed bat are unknown.

Hurricanes are projected to decrease in frequency in this part of the Pacific but increase in severity as a result of global warming (Australian BOM and CSIRO 2011 Vol. 2, pp. 88, 195, 225, 255). The high winds, waves, strong storm surges, high rainfall, and flooding associated with hurricanes, particularly severe hurricanes (with sustained winds of 150 mi (240 km) per hour), have periodically caused great damage to roosting habitat of Pacific sheath-tailed bats and to native forests that provide their foraging habitat (Craig
et al.
1993, p. 52; Grant
et al.
1994, p. 135; Tarburton 2002, pp. 105-108; Palmeirim
et al.
2005, p. 35), as described in the “Hurricanes” section, above.

In the western Pacific region, sea level is projected to rise 1.18 to 6.3 in (30 to 160 mm) by 2030, 2.6 to 12.2 in (70 to 310 mm) by 2055, and 8.3 in to 2 ft (210 to 620 mm) by 2090 under the high-emissions scenario (Australian BOM and CSIRO 2011 Vol. 2, pp. 91, 198, 228, 258). The Pacific sheath-tailed bat is known to roost in areas close to the coast and forage in the adjacent forested areas at or near sea-level, as well as inland and at elevations up to 2,500 ft (762 m). The impacts of projected sea-level rise on low-elevation and coastal roosting and foraging habitat are likely to reduce and fragment the bat's habitat on individual high islands.

In summary, although we lack information about the specific effects of projected climate change on the Pacific sheath-tailed bat, we anticipate that increased ambient temperature, precipitation, hurricane intensity, and sea-level rise and inundation would create additional stresses on the bat and on its roosting and foraging habitat because it is vulnerable to these disturbances. The risk of extinction as a result of the effects of climate change increases when a species' range and habitat requirements are restricted, its habitat decreases, and its numbers and number of populations decline (IPCC 2007, pp. 8-11). In addition, the fragmented range, diminished number of populations, and low total number of individuals have caused the Pacific sheath-tailed bat to lose redundancy and resilience rangewide. Therefore, we would expect the Pacific sheath-tailed bat to be particularly vulnerable to the habitat impacts of projected environmental effects of climate change (Loope and Giambelluca 1998, pp. 504-505; Pounds
et al.
1999, pp. 611-612; Still
et al.
1999, p. 610; Benning
et al.
2002, pp. 14,246-14,248; Giambelluca and Luke 2007, pp. 13-15). Although we cannot predict the timing, extent, or magnitude of specific impacts, we do expect the effects of climate change to exacerbate the current threats to these species, such as habitat loss and degradation.

Conservation Efforts To Reduce Other Natural or Manmade Factors Affecting Its Continued Existence

We are unaware of any conservation actions planned or implemented at this time to abate the threats to the Pacific sheath-tailed bat from roost disturbance, low numbers, hurricanes, climate change effects, or breakdown of the metapopulation equilibrium.

Summary of Factor E

In summary, based on the best scientific and commercial information available, we consider other natural and manmade factors to be current and ongoing threats to the Pacific sheath-tailed bat. Roost disturbance, small population size, and breakdown of the metapopulation dynamic are threats to the Pacific sheath-tailed bat and are likely to continue in the future. The bat's small and isolated remaining populations are vulnerable to natural environmental catastrophes such as hurricanes, and the threats of small population size and hurricanes are likely to continue into the future. Due to reduced levels of pesticide use and the uncertainty regarding impacts to this species, we do not consider the use of pesticides to be a threat to the Pacific sheath-tailed bat. We expect this species and its habitat to be particularly vulnerable to the environmental effects of climate change. Even though the specific and cumulative effects of climate change on the sheath-tailed bat are presently unknown and we are not able to determine with confidence the future magnitude of this threat, we anticipate that climate change will

continue to exacerbate other threats to this species.

Synergistic Effects

In our analysis of the five factors, we found that the Pacific sheath-tailed bat is likely to be affected by loss of forest habitat, predation by nonnative mammals, roost disturbance, loss of range-wide metapopulation dynamics, and small population size. We also identify several potential sources of risk to the species (
e.g.,
disease, pesticides) that we do not consider to have a current, significant effect on the Pacific sheath-tailed bat because of their low occurrence today or apparently minimal overall impact on the species. Multiple stressors acting in combination have greater potential to affect the Pacific sheath-tailed bat than each factor alone. For example, projected warmer temperatures and increased storm severity resulting from climate change may enhance the spread of nonnative invasive plants in the bat's forest habitat, and increased ambient temperature and storm severity resulting from climate change are likely to exacerbate other, direct threats to the species; these effects of climate change are projected to increase in the future. The combined effects of environmental, demographic, and catastrophic-event stressors, especially on a small population, can lead to a decline that is unrecoverable and results in extinction (Brook
et al.
2008, pp. 457-458). The impacts of the stressors described above, which might be sustained by a larger, more resilient population, have the potential in combination to rapidly affect the size, growth rate, and genetic integrity of a species that persists as small, disjunct populations. Thus, factors that, by themselves, may not have a significant effect on the Pacific sheath-tailed bat, may affect the subspecies when considered in combination.

Determination for the Pacific Sheath-Tailed Bat

We have carefully assessed the best scientific and commercial information available regarding the past, present, and future threats to the Pacific sheath-tailed bat. We find that the Pacific sheath-tailed bat is presently in danger of extinction throughout its entire range based on the severity and immediacy of the ongoing threats described above. Habitat loss and degradation due to deforestation (throughout the entire range) and overgrazing by goats (Fiji), predation by nonnative mammals, human disturbance of roost caves, and stochastic events such as hurricanes, floods, or disease outbreaks, which all pose a particular threat to the small and isolated remaining populations and probable low total abundance throughout its range, render the Pacific sheath-tailed bat in its entirety highly susceptible to extinction as a consequence of these imminent threats. The vulnerability of the species and its cave habitat to the impacts of predation and human disturbance is exacerbated by hurricanes and likely to be further exacerbated in the future by the effects of climate change, such as sea level rise, extreme rain events, and increased storm severity. The breakdown of the Pacific sheath-tailed bat's metapopulation structure is expected to reduce opportunities for repopulation following local extirpations of dwindling populations due to stochastic events. In addition, the continued decline of the last relatively large population of this species in Fiji further diminishes the probability of persistence throughout the remainder of its range where it is currently considered to be extirpated or nearly extirpated.

In summary, habitat destruction and modification from deforestation is a threat to the Pacific sheath-tailed bat that is occurring throughout its range (Factor A). The threat of predation by nonnative predators such as rats and feral cats is ongoing (Factor C). Human disturbance of roost caves, low numbers of individuals and populations and their concomitant vulnerability to catastrophic events such as hurricanes, and the breakdown of the metapopulation structure all are current threats to the bat as well (Factor E). All of these factors pose threats to the Pacific sheath-tailed bat, whether we consider their effects individually or cumulatively. Existing regulatory mechanisms and conservation efforts do not address the threats to the Pacific sheath-tailed bat (Factor D), and all of these threats will continue in the future.

The Act defines an endangered species as any species that is “in danger of extinction throughout all or a significant portion of its range” and a threatened species as any species “that is likely to become endangered throughout all or a significant portion of its range within the foreseeable future.” Based on the severity and immediacy of threats currently affecting the species, we find that the Pacific sheath-tailed bat is presently in danger of extinction throughout its entire range. The imminent threats of habitat loss and degradation, predation by nonnative rats and cats, the small and declining number of individuals and populations, the effects of small population size, and stochastic events such as hurricanes render this species in its entirety highly susceptible to extinction; for this reason, we find that threatened species status is not appropriate for the Pacific sheath-tailed bat.

Therefore, on the basis of the best available scientific and commercial information, we are listing the Pacific sheath-tailed bat as endangered in accordance with sections 3(6) and 4(a)(1) of the Act. Under the Act and our implementing regulations, a species may warrant listing if it is in danger of extinction or likely to become so throughout all or a significant portion of its range. Because we have determined that the Pacific sheath-tailed bat is endangered throughout all of its range, no portion of its range can be “significant” for purposes of the definitions of “endangered species” and “threatened species.” See the Final Policy on Interpretation of the Phrase “Significant Portion of Its Range” in the Endangered Species Act's Definitions of “Endangered Species” and “Threatened Species” (79 FR 37577, July 1, 2014).

Mao,
Gymnomyza samoensis

The genus
Gymnomyza
refers to birds in the honeyeater family Meliphagidae, which are restricted to a few islands in the southwestern Pacific Ocean. The mao (
Gymnomyza samoensis
), also called maomao, is one of three honeyeater species in the genus (Mayr 1945, p. 100). We have carefully reviewed the available taxonomic information (Watling 2001, p. 174; BirdLife International 2013; Gill and Donsker 2015; ITIS 2015a) and have concluded the species is a valid taxon.

The mao is a large honeyeater approximately 11 to 12 in (28 to 31 cm) long with dark plumage varying from blackish on the head and breast to olive-green on the wings, tail, and body (Stirnemann
et al.
2015a, p. 1). It has an olive-green stripe under the eye. The bill is long, curved, and black in adults. Males have blue-grey and brown eyes, and females have brown eyes only (Stirnemann
et al.
2015b, p. 383). Males are significantly larger than females with respect to wing, bill, tarsus, and tail length, although there is considerable overlap in size (Stirnemann et al. 2015, pp. 380-381 Wilson J.). Juveniles have a shorter bill than adults, and eye color changes 2 months post-fledging (Stirnemann et al. 2015, p. 383). The mao is a very vocal species and makes a variety of loud distinctive calls with bouts of calling lasting up to a minute (Watling 2001, p. 174). Calls differ between sexes (Stirnemann et al. 2015b, p. 382).

The mao is endemic to the Samoan archipelago. The species was thought to

be primarily restricted to mature, well-developed, moist, mossy forests at upper elevations (Watling 2001, p. 175; Engbring and Ramsey 1989, p. 68), but has recently been observed at elevations ranging from 932 to 5,075 ft (284 to 1,547 m) and in ecosystems including lowland rainforest, disturbed secondary forest, and montane rainforest (MNRE 2006, pp. 9-10). The birds use the mid- to upper-canopy levels of the forest and will also forage along forest edges and brushy forest openings (Engbring and Ramsey 1989, p. 68). The mao has also been recorded visiting coconut trees near the coast (Watling 2001, p. 175).

Butler and Stirnemann (2013, p. 30) provide the following information about the mao's habitat use. The birds occur only in forested areas with a canopy layer, including modified habitat such as plantations where large trees also are present. They do not occur in logged areas with no large trees or canopy. Mao are primarily found in the high canopy layer, but also spend considerable time foraging on the trunks of trees and feeding on nectar sources near the ground (such as ginger (family Zingiberaceae)) and in low bushes (such as
Heliconia
spp.). The mao selects territories with high tree species diversity and with appropriate nectar sources and a large tree from which the male sings. Trees near a commonly used singing tree are selected for nesting. No particular tree species is used for nesting, but all nests are built more than 5 m (16 ft) above the ground.

Stirnemann
et al.
2015a (pp. 4-7) provide the following information about mao life history and breeding behavior based on a study of 26 nesting attempts. The mao have an extended breeding season that can occur over 9 to 10 months, although peak egg-laying appears to occur from late May to October. One egg is produced per clutch. The nest consists of young branches of various trees and contains little lining (Butler and Stirnemann 2013, p. 25). Nests are oval, cup-shaped, approximately 5.5 in (14 cm) by 3.1 in (8 cm), and are constructed in the junction of branches. Incubation lasts 19 days, and chicks fledge 22 to 24 days after hatching. Juveniles are dependent on adults for approximately 8 to 10 weeks post-fledging. The female is almost exclusively responsible for incubation and feeding the chick, and both adults defend the nest. The mao will re-nest if the first nest fails, but not if the first nesting attempt produces a chick. Pairs are highly territorial with high site fidelity. The mao's extended breeding season, extended parental care period (100 to 120 days), and limited re-nesting attempts suggest a maximum annual reproductive capacity of one chick; notably low in comparison with other honeyeaters (Stirnemann
et al.
2015a, p. 8).

The mao's diet consists primarily of nectar, and also includes some invertebrates and fruit (MNRE 2006, p. 11). Nectar is an especially important food source during the breeding season, and the mao will defend nectar patches (Butler and Stirnemann 2013, p. 30). The mao eats invertebrates by probing dead material and moss, and by gleaning from emerging leaves (Butler and Stirnemann 2013, p. 30). Females forage for invertebrates under dead leaves on the forest floor to feed their fledglings (Butler and Stirnemann 2013, p. 30). Fledglings solicit fo

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2016-22276. Public record. Not legal advice.