Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Two Cave Animals From Kauai, Hawaii

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE39

Endangered and Threatened Wildlife and Plants; Proposed

Endangered Status for Two Cave Animals From Kauai, Hawaii

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes

endangered status pursuant to the Endangered Species Act of 1973, as

amended (Act), for two animals--the Kauai cave wolf spider (Adelocosa

anops), and the Kauai cave amphipod (Spelaeorchestia koloana). These

two species are found on the Hawaiian island of Kauai. The Kauai cave

wolf spider is known from two populations, and Kauai cave amphipod is

known from four populations. These animals and their habitats have been

variously affected or are currently threatened by the following:

Habitat degradation/loss from development; competition for space,

water, and nutrients by naturalized, introduced animals; biological/

chemical pesticide use; and an increased likelihood of extinction from

proposed development activities and naturally occurring events. This

proposal, if made final, would extend Federal protection and recovery

provisions of the Act for these animal taxa. Additionally, Hawaii state

regulations protecting these animals as endangered species would be

triggered.

DATES: Comments from all interested parties must be received by

February 3, 1998. Public hearing requests must be received by January

20, 1998.

ADDRESSES: Comments and material concerning this proposal should be

sent to the U.S. Fish and Wildlife Service, 300 Ala Moana Boulevard,

Room 6307, P.O. Box 50167, Honolulu, Hawaii 96850. Comments and

material received will be available for public inspection, by

appointment, during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Robert P. Smith, Pacific Islands

Ecoregion Manager, at the above address (808/541-2749).

SUPPLEMENTARY INFORMATION:

Background

Wildlife Service, 300 Ala Moana Boulevard,

Room 6307, P.O. Box 50167, Honolulu, Hawaii 96850. Comments and

material received will be available for public inspection, by

appointment, during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Robert P. Smith, Pacific Islands

Ecoregion Manager, at the above address (808/541-2749).

SUPPLEMENTARY INFORMATION:

Background

The Kauai cave wolf spider (Adelocosa anops) and Kauai cave

amphipod (Spelaeorchestia koloana) are known only from the Hawaiian

island of Kauai. The Kauai cave wolf spider is known from two

populations, and Kauai cave amphipod from four populations.

The Hawaiian archipelago includes eight large volcanic islands

(Niihau, Kauai, Oahu, Molokai, Lanai, Kahoolawe, Maui, and Hawaii), as

well as offshore islets, shoals, and atolls set on submerged volcanic

remnants at the northwest end of the chain (the Northwestern Hawaiian

Islands). Each island was built sequentially from frequent, voluminous

basaltic lava flows (Stearns 1985). The youngest island, Hawaii, is

still volcanically active, and retains its form of coalesced, gently

sloping, unweathered shield volcanoes. Vulcanism on the older islands

has long since ceased, with subsequent erosion forming heavily

weathered valleys with steep walls, and well-developed streams and

soils (Zimmerman 1948).

In the formation of the islands, the lava flows create caves,

cracks, gas pockets and smaller, interconnected subterranean spaces or

mesocaverns (Howarth 1973; 1987a). While unique subterranean faunas

have long been known from temperate continental cave systems, until the

1970's obligate cave inhabiting animals were thought to be absent from

tropical and island systems (Howarth 1987a). In the last 3 decades,

however, a remarkable assemblage of about 50 species of cave-adapted

animals have been discovered in Hawaiian caves (Howarth 1972; 1987a,

b)

; 1987a). While unique subterranean faunas

have long been known from temperate continental cave systems, until the

1970's obligate cave inhabiting animals were thought to be absent from

tropical and island systems (Howarth 1987a). In the last 3 decades,

however, a remarkable assemblage of about 50 species of cave-adapted

animals have been discovered in Hawaiian caves (Howarth 1972; 1987a,

b). Cave adapted species have evolved directly from native surface

dwelling ancestors in at least 12 groups of Hawaiian arthropods

(Howarth 1991).

These obligate cave-dwellers are generally found on the younger

islands where an abundance of unweathered lava flows exist (Howarth

1983c). On older islands, soil formation, erosion and siltation have

filled in most subterranean voids thus eliminating the habitat for cave

animals. The island of Kauai is the oldest of the eight major Hawaiian

islands and was formed by a single shield volcano approximately 5.6

million years ago (Stearns 1985). Three million years of weathering

eliminated most cave habitats formed during this initial vulcanism.

Between 0.6 and 1.4 million years ago, the Koloa series of post-

erosional lava flows again provided available habitat for subterranean

animals. Subsequent erosion also filled in most of the habitat in the

Koloa series

of flows with the exception of a small area along the arid, southern

coast.

Because of the age of this island and the extensive erosion, it was

not originally expected to harbor any cave animals. However, in 1971,

two eyeless cave arthropods, a spider and amphipod, were discovered

from caves in the Koloa series lava flows of Kauai. These animals are

known only from a single exposed lava flow in the ``very rocky'' to

``extremely rocky'' Waikomo soil series (U.S. Department of

Agriculture, Soil Conservation Service 1972). This unweathered area

covers approximately 10.5 square kilometers (4 square miles), and

exhibits no blanketing by erosional sediments

were discovered

from caves in the Koloa series lava flows of Kauai. These animals are

known only from a single exposed lava flow in the ``very rocky'' to

``extremely rocky'' Waikomo soil series (U.S. Department of

Agriculture, Soil Conservation Service 1972). This unweathered area

covers approximately 10.5 square kilometers (4 square miles), and

exhibits no blanketing by erosional sediments. The amphipod also occurs

in a younger limestone cave formed on top of a portion of the exposed

Koloa series flow. These animals are restricted to the dark, moist

areas of larger caverns and smaller subterranean spaces. The amphipod

is a detritivore and feeds primarily on rotting tree roots whereas the

spider is a carnivore and preys upon the amphipod and alien arthropods

that venture underground.

The land supporting these two animal species is privately owned, as

are areas adjacent with potentially suitable habitat.

Discussion of the Two Animal Taxa Included in This Proposed Rule

Frank Howarth first discovered the Kauai cave wolf spider

(Adelocosa anops) in Koloa Cave #2 in 1971, and it was formally

described by Willis Gertsch (Gertsch 1973). This species is a member of

the wolf spider family (Lycosidae). Spiders in this family are

characterized by a distinct eye pattern, including two particularly

large eyes in the middle row. The most conspicuously diagnostic

character of the Kauai cave spider is its complete lack of eyes. This

character is unique among wolf spiders and its distinction justifies

the recognition of a separate genus for this taxon. A few species of

wolf spider have reduced eyes, including another cave-adapted species

on the island of Hawaii, but only in the Kauai cave wolf spider are the

eyes entirely absent. Adults of the Kauai cave wolf spider are about

12.7 to 19.0 millimeters (0.5 to 0.75 inches) in total length with a

reddish-brown carapace, pale abdomen and bright orange legs

on of a separate genus for this taxon. A few species of

wolf spider have reduced eyes, including another cave-adapted species

on the island of Hawaii, but only in the Kauai cave wolf spider are the

eyes entirely absent. Adults of the Kauai cave wolf spider are about

12.7 to 19.0 millimeters (0.5 to 0.75 inches) in total length with a

reddish-brown carapace, pale abdomen and bright orange legs. The hind

margin of each chelicera (biting jaw) bears three large teeth, two

situated basally, and third at the distal end of the chelicera. The

tibiae of the two anterior pairs of legs have four pairs of ventral

spines, and tarsi (ultimate segments) and metatarsi (penultimate

segments) of all legs bear unusually long and silky trichobothria

(sensory hairs).

The Kauai cave wolf spider is a predator, and although blind, can

detect the presence of potential food items and actively stalks its

prey (Howarth 1983a). Although predation has not been observed in the

field, the spider probably feeds primarily on the Kauai cave amphipod,

and to a lesser extent on alien species of arthropods that periodically

enter the cave system. Compared to most wolf spiders, the reproductive

capacity of the Kauai cave wolf spider is extremely low, with only 15

to 30 eggs laid per clutch (Howarth 1981; Wells et al. 1983). Newly

hatched spiderlings are unusually large, and carried on the back of the

female for only a few days (Howarth 1991; Howarth and Mull 1992).

The Kauai cave wolf spider has been found only in two lava tube

systems in the Koloa area of Kauai; specifically the Koloa Caves and

Kiahuna Caves (Gertsch 1973; Frank Howarth, Bishop Museum, in litt.

1979). The spider is restricted to the dark zones of the caves and

adjoining fissures. Similar to other Hawaiian cave-adapted spiders,

this species is highly susceptible to desiccation (Hadley et al. 1981;

Ahearn and Howarth 1982). The spider is active in the large caverns

only during wetter times of the year (Howarth, in litt

slender, attenuated claws. All pleopods

(swimming legs) are reduced, with branches vestigial or lacking.

Uropods (tail-like appendages) 1 and 2 have well developed

prepeduncles, and brood plates in the mature female are vestigial or

entirely absent.

The Kauai cave amphipod is a detritivore and has been observed

feeding on rotting roots of Pithecellobium dulce (Manila tamarind) and

Ficus sp. (fig), rotting sticks, branches and other plant material

washed into the caves, and arthropod fecal material. In large cave

passages, most individuals are found on or underneath roots or rotting

debris. However, this amphipod does not appear to be particularly

gregarious. When disturbed, this species typically moves slowly away

rather than jumping like other amphipods. Nothing is known of the

reproductive biology of this amphipod, but the vestigial brood plates

of the female suggest they give birth to a small brood of large

offspring (Bousfield and Howarth 1976; Poulson and White 1969).

While found in the same caves in the Koloa lava flow series as the

Kauai cave wolf spider, the cave amphipod is also known from a short

lava tube (cave #210) located 1 kilometer (0.6 miles) inland of the

seaward Kiahuna Cave, and the Limestone Quarry Cave 7 kilometers (4.5

miles) to the east at Mahaulepu. The latter cave occurs in a calcareous

sandstone hill formed from a cemented sand-dune that was deposited on

top of a disjunct exposure of the Koloa lava formation during a higher

stand of the sea (Stearns 1985). The limestone cave was formed by water

erosion from the ocean and a still-active fresh water stream that runs

through the lowest cave level. The amphipod probably colonized this

cave by migrating from the underlying Koloa lava formation. No attempt

has been made to estimate the population sizes of the cave amphipod.

The two cave animals are restricted to dark, moist areas of larger

caverns and smaller subterranean spaces or mesocaverns (Howarth 1983a)

n and a still-active fresh water stream that runs

through the lowest cave level. The amphipod probably colonized this

cave by migrating from the underlying Koloa lava formation. No attempt

has been made to estimate the population sizes of the cave amphipod.

The two cave animals are restricted to dark, moist areas of larger

caverns and smaller subterranean spaces or mesocaverns (Howarth 1983a).

As with the subterranean animals on younger Hawaiian islands (Howarth

1991), the small mesocaverns may be the primary habitat for these

species. For example, the Kauai cave amphipod was not seen during

initial surveys of Kiahuna cave #210 (Miura and Howarth 1978). On a

subsequent survey however, the floor of a small, dead end passage was

saturated with 40 liters (10 gallons) of water, and 24 hours later

amphipods had moved into this area, presumably from the surrounding

mesocaverns (Howarth, in litt. 1979; Howarth 1983a). On younger

islands, these mesocaverns also allow animals to move among larger,

adjacent lava tubes (Howarth 1991). However,

because these smaller voids become filled with erosional sediment in

older flows like Koloa and as a result of surface disturbance (Hammatt

et al. 1988; A. Asquith, U.S. Fish and Wildlife Service, Pacific

Islands Ecoregion, in litt. 1994), it is unlikely that the Kauai cave

animals can move among separate lava tube systems. Because distinct

species can evolve in adjacent lava tubes even when cave animals can

move extensively through mesocaverns (Hoch and Howarth 1993), it is

prudent to consider the separate localities of these animals as

different populations, even though intervening areas of potential

habitat cannot be surveyed. Thus, the Koloa Caves #1 and #2 and

adjacent areas are considered to harbor one population of the spider

and one population of the amphipod. The seaward Kiahuna Caves #267 and

#276 harbor another population of both the spider and amphipod

rudent to consider the separate localities of these animals as

different populations, even though intervening areas of potential

habitat cannot be surveyed. Thus, the Koloa Caves #1 and #2 and

adjacent areas are considered to harbor one population of the spider

and one population of the amphipod. The seaward Kiahuna Caves #267 and

#276 harbor another population of both the spider and amphipod. Kiahuna

Cave #210 and the Limestone Quarry Cave each harbor populations of the

cave amphipod.

The restricted area in which these animals occur is rapidly

undergoing development. The shallow cave habitat is degraded or

destroyed through surface alterations such as grading, blasting,

paving, and placement of fill. These animals are also increasingly

under risk from pesticide use and pollution associated with residential

and golf course development.

Previous Federal Action

On June 16, 1978, the Service published in the Federal Register (43

FR 26084) a proposal to list the Kauai cave wolf spider as an

endangered species and the Kauai cave amphipod as threatened. That

proposal was withdrawn on September 2, 1980 (45 FR 58171) as a result

of a provision in the 1978 Amendments to the Endangered Species Act of

1973 that required withdrawal of all pending proposals that were not

made final within 2 years of proposal or within 1 year after passage of

the Amendments, whichever period was longer. An initial comprehensive

notice of review for invertebrate animals was published on May 22, 1984

(49 FR 21664), in which the Kauai cave wolf spider and Kauai cave

amphipod were treated as category 2 candidates for Federal listing.

Category 2 taxa were those for which conclusive data on biological

vulnerability and threats were not currently available to support

proposed rules. The Service published an updated notice of review for

animals on January 6, 1989 (54 FR 554). In this notice the Kauai cave

wolf spider and Kauai cave amphipod were treated as category 1

candidates for Federal listing

idates for Federal listing.

Category 2 taxa were those for which conclusive data on biological

vulnerability and threats were not currently available to support

proposed rules. The Service published an updated notice of review for

animals on January 6, 1989 (54 FR 554). In this notice the Kauai cave

wolf spider and Kauai cave amphipod were treated as category 1

candidates for Federal listing. Category 1 taxa were those for which

the Service had on file substantial information on biological

vulnerability and threats to support preparation of listing proposals.

In the notice of review for all animal taxa published by the Service on

November 21, 1991 (58 FR 58804), the two Kauai cave arthropods were

again listed as category 2 candidates. In the November 15, 1994, notice

of review for all animal taxa (59 FR 58982), the two Kauai cave

arthropods were elevated to category 1 candidates. Upon publication of

the February 28, 1996, notice of review (61 FR 7596), the Service

ceased using category designations and included the two cave arthropods

as candidate species. Candidate species are those which the Service has

on file sufficient information on biological vulnerability and threats

to support proposals to list the species as threatened or endangered.

The processing of this proposed rule conforms with the Service's

final listing priority guidance published in the Federal Register on

December 6, 1996 (61 FR 64475). The guidance clarifies the order in

which the Service will process rulemakings during fiscal year 1997. The

guidance calls for giving highest priority (Tier 1) to handling

emergency situations, second highest priority (Tier 2) to resolving the

listing status of the outstanding proposed listings, and third priority

(Tier 3) to new proposals to add species to the list of threatened and

endangered plants and animals. This proposed rule constitutes a Tier 3

action.

Summary of Factors Affecting These Species

ce calls for giving highest priority (Tier 1) to handling

emergency situations, second highest priority (Tier 2) to resolving the

listing status of the outstanding proposed listings, and third priority

(Tier 3) to new proposals to add species to the list of threatened and

endangered plants and animals. This proposed rule constitutes a Tier 3

action.

Summary of Factors Affecting These Species

Procedures found in section 4 of the Endangered Species Act (16

U.S.C. 1533) and regulations (50 CFR part 424) promulgated to implement

the Act set forth the procedures for adding species to the Federal

lists. A species may be determined to be an endangered or threatened

species due to one or more of the five factors described in section

4(a)(1). These factors and their application to the Kauai cave wolf

spider (Adelocosa anops) and the Kauai cave amphipod (Spelaeorchestia

koloana) are as follows:

A. The present or threatened destruction, modification, or

curtailment of its habitat or range. These animals are restricted to a

10.5 square kilometers (4 square miles) coastal section of the Koloa

series lava flows that have not been filled with erosional sediment.

Surface modifications in this area directly impact the subterranean

habitat that supports the spider and amphipod (Hammatt et al. 1988;

Miller and Burgett 1995; Asquith, in litt. 1994). Prior to arrival of

Polynesians in Hawaii the above ground habitat of this area was

probably comprised of a coastal dry shrubland and would have included

plants such as Sida fallax ('ilima), Myoporum sandwicense (naio),

Chamaesyce celastroides ('akoko) and Santalum ellipticum ('iliahialo'e)

(Gagne and Cuddihy 1990). On the islands of Maui and Hawaii, these

plants are known to produce extensive root systems into underlying lava

tube fissures (F. Howarth, Bishop Museum, pers. comm. 1994), and

probably also formed the primary nutrient source for the cave ecosystem

at Koloa

'ilima), Myoporum sandwicense (naio),

Chamaesyce celastroides ('akoko) and Santalum ellipticum ('iliahialo'e)

(Gagne and Cuddihy 1990). On the islands of Maui and Hawaii, these

plants are known to produce extensive root systems into underlying lava

tube fissures (F. Howarth, Bishop Museum, pers. comm. 1994), and

probably also formed the primary nutrient source for the cave ecosystem

at Koloa.

The first thousand years of Polynesian habitation in Hawaii would

have had little significant impact on the cave system at Koloa. With a

rapid population increase after 1400 A.D. however, the expansion of

agriculture from more favorable, mesic valleys and the use of fire to

clear plant communities probably led to heavy modification of most

leeward areas of the Hawaiian Islands (Kirch 1982; Cuddihy and Stone

1990). A perennial stream flowing directly through the Koloa area

allowed Polynesians to develop extensive irrigated fields of Colocasia

esculenta (taro), Ipomoea batatas (sweet potato) and Saccharum

officinarum (sugar cane), as well as dry land cultivation of sweet

potato (Handy and Handy 1972; Hammatt and Tomonari 1978; Hammatt et al.

1988; Sinoto 1975).

Field irrigation of traditional crops continued in the Koloa area

until 1835 when the first sugar plantation in the Hawaiian Islands was

established at Koloa. Thereafter most of the land with suitable top

soil was used for large-scale sugar cane cultivation (Hammatt et al.

1988). This activity included the mechanical clearing of stones and

boulders, and consolidation of smaller field plots. The surface

modifications associated with these past agricultural activities would

have greatly reduced underground root biomass through the destruction

of perennial vegetation (Howarth 1981; Miller and Burgett 1995), and

also increased sediment deposition in subterranean fissures (Hammatt et

al. 1988; Asquith, in litt. 1994)

of stones and

boulders, and consolidation of smaller field plots. The surface

modifications associated with these past agricultural activities would

have greatly reduced underground root biomass through the destruction

of perennial vegetation (Howarth 1981; Miller and Burgett 1995), and

also increased sediment deposition in subterranean fissures (Hammatt et

al. 1988; Asquith, in litt. 1994).

Thus, with the exception of a narrow 0.5 kilometer-wide (0.25 mile-

wide) strip of particularly rocky land immediately along the coast,

most of the potential habitat for both the spider and the amphipod was

heavily modified prior to the 1950's. On interior lands, small areas of

exposed pahoehoe lava, rock outcrops and the entrances to lava

tubes were generally unsuited for cultivation of crops and were left

less disturbed. In areas improved for pasture use, however, some cave

entrances also were filled or covered (Hammatt et al. 1988; Howarth, in

litt. 1977). The remaining pockets of uncultivated land around

collapsed lava tubes and exposed lava probably served as refugia for

the cave animals. Significantly, all the known populations of both the

spider and amphipod are in areas never used for plantation sugar cane

cultivation.

In the last 5 decades, the Koloa area has changed from an

agriculture-based economy to one increasingly dependent on tourism

(Kauai Office of Economic Development, in litt. 1994). Approximately 75

percent of the original habitat available for the cave animals is now

designated as ``urban'' or ``urban residential'' (County of Kauai, in

litt. 1994), and the population of the Koloa area is expected to double

by the year 2015 (KPMG 1993). This population growth has lead to rapid

growth in the number of homes, condominiums, and resort hotels

originally centered along the coastal strip

y 75

percent of the original habitat available for the cave animals is now

designated as ``urban'' or ``urban residential'' (County of Kauai, in

litt. 1994), and the population of the Koloa area is expected to double

by the year 2015 (KPMG 1993). This population growth has lead to rapid

growth in the number of homes, condominiums, and resort hotels

originally centered along the coastal strip. In recent years, interior

lands supporting both populations of the spider and all but one

population of the amphipod have been rezoned from agriculture to urban

usage and are undergoing development. With the construction of roads,

residences, and golf courses, the subterranean habitat is degraded

through the removal of perennial vegetation and its root systems, the

collapse of lava tubes from heavy construction equipment, and increased

siltation from grading and filling activities associated with

landscaping and construction (Hammatt et al. 1988; Asquith, in litt.

1994). The population of the Kauai cave wolf spider in Koloa Cave #2 is

directly threatened by a proposed bypass road that could destroy the

most important section of the cave. The disjunct population of the

amphipod in the limestone cave is threatened from a quarrying operation

occurring directly above and adjacent to the cave system (Howarth, in

litt. 1977, 1978; 43 FR 26084). Thus, most of the land that potentially

harbored these animals has been highly modified and an estimated 75

percent of the area has probably been rendered uninhabitable. The

remaining habitat, harboring virtually all known populations of the

spider and amphipod, is being degraded by current land use or

threatened with degradation by proposed development.

B. Overutilization for commercial, recreational, scientific, or

educational purposes

d these animals has been highly modified and an estimated 75

percent of the area has probably been rendered uninhabitable. The

remaining habitat, harboring virtually all known populations of the

spider and amphipod, is being degraded by current land use or

threatened with degradation by proposed development.

B. Overutilization for commercial, recreational, scientific, or

educational purposes. Overutilization is not known to be a factor, but

unrestricted collecting for scientific purposes or excessive visits by

individuals interested in exploring the lava tubes could result from

increased publicity and would seriously impact both of the cave species

(Howarth 1982; Culver 1992). Such disturbances by human visitation

could also promote greater invasion by alien arthropod species.

C. Disease and predation. Several alien spiders including the brown

violin spider (Loxosceles rufescens), Dysdera crocata (NCN) and the

spitting spider (Scytodes longipes) have invaded the cave habitats in

Koloa (Gerstch 1973; F. Howarth, pers comm. 1994; Asquith, in litt.

1994), and prey on immature stages of the Kauai cave wolf spider and

probably all life stages of the cave amphipod (Howarth 1981). The

American cockroach (Periplaneta americana) is abundant in some of the

caves (Bousfield and Howarth 1976; Asquith, in litt. 1994) and probably

opportunistically preys on immature cave amphipods (F. Howarth, pers.

comm. 1994) and competes for space at amphipod food sources (Asquith,

in litt. 1994). In the Limestone Quarry Cave, the introduced amphipod

Tallitroides topitotum (NCN) may compete with the Kauai cave amphipod

for detritus food (Bousfield and Howarth 1976; F. Howarth, pers. comm.

1994).

In addition, as noted in the Background section, the Kauai cave

wolf spider is a predator. Although predation has not been observed in

the field, this spider probably feeds primarily on the Kauai cave

amphipod, and to a lesser extent on alien species of arthropods that

periodically enter the cave system.

D

phipod

for detritus food (Bousfield and Howarth 1976; F. Howarth, pers. comm.

1994).

In addition, as noted in the Background section, the Kauai cave

wolf spider is a predator. Although predation has not been observed in

the field, this spider probably feeds primarily on the Kauai cave

amphipod, and to a lesser extent on alien species of arthropods that

periodically enter the cave system.

D. The inadequacy of existing regulatory mechanisms. The Kauai cave

wolf spider and the Kauai cave amphipod are found entirely on private

land. One population of the cave spider is provided some protection by

a County ordinance requiring the landowner to conserve two Kiahuna lava

tubes known to harbor the spider (County of Kauai Development Plan

1979). However, existing conservation measures under this ordinance

protect only the cave entrances and not the surface footprint or

adjacent mesocaverns which the animals require for habitat. Evaluation

of one of the caves conserved under this ordinance showed significant

degradation from surface disturbance over the dark zone (Asquith, in

litt. 1994). In addition, this ordinance protects only a single

population of each of the cave animals, which is not sufficient to

ensure the continued existence of these species because all other

populations are threatened and even the Kiahuna caves populations are

susceptible to accidental events such as chemical spills.

There are no State laws or existing regulatory mechanisms at the

present time to protect or prevent further decline of these animals.

However, Federal listing would automatically invoke listing under

Hawaii State law. Hawaii's Endangered Species Act (HRS, Sect

other

populations are threatened and even the Kiahuna caves populations are

susceptible to accidental events such as chemical spills.

There are no State laws or existing regulatory mechanisms at the

present time to protect or prevent further decline of these animals.

However, Federal listing would automatically invoke listing under

Hawaii State law. Hawaii's Endangered Species Act (HRS, Sect. 195D-

4(a)) states, ``Any species of aquatic life, wildlife, or land plant

that has been determined to be an endangered species pursuant to the

[Federal] Endangered Species Act shall be deemed to be an endangered

species under the provisions of this chapter and any indigenous species

of aquatic life, wildlife, or land plant that has been determined to be

a threatened species pursuant to the [Federal] Endangered Species Act

shall be deemed to be a threatened species under the provisions of this

chapter.'' Listing of these two arthropod species will therefore also

invoke protection available under State law (see Available Conservation

Measures).

E. Other natural or manmade factors affecting its continued

existence. Insecticide use, coincident with the change to urban land

development, poses a serious threat to the cave animals (Howarth and

Stone 1993). While plantation-scale sugar cane cultivation in the Koloa

area involves seasonal use of herbicides, intensive usage is generally

limited to spot applications of glyphosate (Roundup), and generally no

insecticides are used (Murdoch and Green 1989). Furthermore, in recent

years most sugar cane cultivation in the area has been restricted to

land with deep soil, which is generally unsuitable habitat for the cave

animals.

Golf courses exist or are proposed for the land directly above or

adjacent to both populations of the spider and all but one population

of the amphipod. At least 30 different pesticides are used on golf

courses in Hawaii, including insecticides to control pests of turf

grass (Murdoch and Mitchell 1975; Murdoch and Green 1989)

soil, which is generally unsuitable habitat for the cave

animals.

Golf courses exist or are proposed for the land directly above or

adjacent to both populations of the spider and all but one population

of the amphipod. At least 30 different pesticides are used on golf

courses in Hawaii, including insecticides to control pests of turf

grass (Murdoch and Mitchell 1975; Murdoch and Green 1989). Most golf

courses in Hawaii apply the insecticide Chlorpyrifos at the rate of 1

pound active ingredients per acre, one to three times per year, but

rates and frequency of applications are sometimes much higher (Murdoch

and Green 1989; Brennan et al. 1992). Predators such as the Kauai cave

wolf spider are generally more susceptible to insecticides than the

target pests (Croft 1990). Even if not killed outright, the sublethal

effects of both insecticides and herbicides on the cave animals could

include reduced fecundity, reduced life span, slowed development rate,

and impaired

mobility and feeding efficiency (Messing and Croft 1990).

In addition to the use of pesticides on golf courses, pesticide

usage on residential property also poses a threat. It is estimated that

residential lots use more pesticides per unit area than either sugar

cane cultivation or golf courses, and that 90 percent of this use

involves insecticides. Much of this insecticide is applied directly to

the ground for termite control (Hawaii Office of State Planning 1992).

With an estimated increase of 4,000 houses in the Koloa area by the

year 2015 (KPMG 1993), residential pesticides are considered a serious

threat to the cave animals.

These cave animals are particularly susceptible to pesticides

because of their tendency to seek water sources (Howarth 1983a;

Asquith, in litt. 1994)

ly to

the ground for termite control (Hawaii Office of State Planning 1992).

With an estimated increase of 4,000 houses in the Koloa area by the

year 2015 (KPMG 1993), residential pesticides are considered a serious

threat to the cave animals.

These cave animals are particularly susceptible to pesticides

because of their tendency to seek water sources (Howarth 1983a;

Asquith, in litt. 1994). Even if pesticides are not used directly above

a lava tube, pesticides that leach into adjacent subterranean caverns

with water from runoff or irrigation are serious threats because the

animals may be attracted to the water and come into contact with the

chemicals.

Biological control agents (living organisms used to control pests)

are usually perceived as preferable to the use of chemicals because

they represent less of a threat to human health and generally do not

stimulate resistance in pests. Some of these organisms, however, attack

species other than their intended targets and have caused or

contributed to the decline and extinction of several Hawaiian insects

(Gagne and Howarth 1985; Howarth 1983b; Howarth 1991). The nematode

Steinernema carpocapsae (NCN) is marketed for use against turf pests

and has been petitioned for use on golf courses in Hawaii (Faust 1992).

This nematode can infect at least 250 species of arthropods (Poinar

1979) including arachnids such as the Kauai cave wolf spider (Poinar

and Thomas 1985). Biological control has been emphasized for golf

course management in the Koloa area (Townscape 1993) and is a potential

threat to the cave spider and amphipod.

The small number of populations of the Kauai cave wolf spider (two

populations) and Kauai cave amphipod (four populations) increases the

risk of extinction from naturally occurring events such as storms or

earthquakes.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by these species in proposing this rule

number of populations of the Kauai cave wolf spider (two

populations) and Kauai cave amphipod (four populations) increases the

risk of extinction from naturally occurring events such as storms or

earthquakes.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by these species in proposing this rule. Based on

this evaluation, the preferred action is to list the Kauai cave wolf

spider and Kauai cave amphipod as endangered. These two species are

threatened by one or more of the following: Habitat degradation and/or

predation by alien arthropods; competition for space and nutrients with

alien arthropods; habitat loss from agriculture, residential and resort

development, and quarrying activities; human impacts from pesticide use

and biological pest control. In addition, the small number of

populations and limited distribution make these species particularly

vulnerable to extinction from accidental or naturally occurring events.

Because the two species are in danger of extinction throughout all or a

significant portion of their ranges, they fit the definition of

endangered as defined in the Act. Therefore, listing both these species

as endangered is proposed.

Critical habitat is not being proposed for the two species included

in this rule, for reasons discussed in the ``Critical Habitat'' section

of this rule.

Critical Habitat

two species are in danger of extinction throughout all or a

significant portion of their ranges, they fit the definition of

endangered as defined in the Act. Therefore, listing both these species

as endangered is proposed.

Critical habitat is not being proposed for the two species included

in this rule, for reasons discussed in the ``Critical Habitat'' section

of this rule.

Critical Habitat

Critical habitat is defined in section 3 of the Act as: (i) The

specific area within the geographical area occupied by a species, at

the time it is listed in accordance with the Act, on which are found

those biological features (I) essential to the conservation of the

species and (II) that may require special management considerations or

protection and; (ii) specific areas outside the geographical area

occupied by a species at the time it is listed, upon a determination

that such areas are essential for the conservation of the species.

``Conservation'' means the use of all methods and procedures needed to

bring the species to the point at which listing under the Act is no

longer necessary.

Section 4(a)(3) of the Act, as amended, and implementing

regulations (50 CFR 424.12) require that, to the maximum extent prudent

and determinable, the Secretary designate critical habitat at the time

a species is determined to be endangered or threatened. The Service

finds that designation of critical habitat is not prudent for the Kauai

cave species. Service regulations (50 CFR 424.12(a)) state that

designation of critical habitat is not prudent when one or both of the

following situations exist--(1) the species is threatened by taking or

other human activity, and identification of critical habitat can be

expected to increase the degree of threat to the species, or (2) such

designation of critical habitat would not be beneficial to the species.

The Service believes critical habitat is not prudent for the Kauai

cave wolf spider and the Kauai cave amphipod because both of the above

described situations exist

atened by taking or

other human activity, and identification of critical habitat can be

expected to increase the degree of threat to the species, or (2) such

designation of critical habitat would not be beneficial to the species.

The Service believes critical habitat is not prudent for the Kauai

cave wolf spider and the Kauai cave amphipod because both of the above

described situations exist. The entrances to the lava tube caves that

provide habitat for these two species are at ground level appearing as

holes on the surface, and normally would likely be overlooked by the

casual observer. However, these caves are fragile ecosystems and the

publishing of a critical habitat map, as required, would attract

attention to the area, and could promote vandalism and cause habitat

destruction through increased human activity. The same location

information would have to be actively sought through additional

inquiries if based only on the listing notices.

Many specialized cave species are exceedingly vulnerable to direct

human disturbance (Howarth 1983) and human visitation to caves is a

widespread problem (Culver 1992). Even if the human activity does not

have harmful intent, it would likely result in increased foot traffic,

introduction of foreign material, heat and drying from bodies and

lamps, and destruction of tree roots and other cave animal food sources

all of which would be detrimental to these species (Miura and Howarth

1978). The Kauai cave wolf spider completely lacks eyes and is

restricted to dark zones of the caves and adjoining fissures. The

spider is active only during wetter times of the year or in smaller

cave areas that exhibit saturated atmosphere. This lack of sight and

specific life requirement needs make the cave spider especially

vulnerable to human intrusion from trampling, casual collection, and

modifying the cave environment through changes in air circulation and

humidity

ones of the caves and adjoining fissures. The

spider is active only during wetter times of the year or in smaller

cave areas that exhibit saturated atmosphere. This lack of sight and

specific life requirement needs make the cave spider especially

vulnerable to human intrusion from trampling, casual collection, and

modifying the cave environment through changes in air circulation and

humidity. The Kauai cave amphipod is generally associated with rotting

sticks, branches and miscellaneous plant material, as well as other

decomposing organic debris. When disturbed, this species typically

moves slowly away rather than jumping like other amphipods. This

behavioral pattern and the association with debris occurring on the

cave floor make this species especially vulnerable to human activity

such as foot traffic. Moreover, since the amphipod is thought to be an

important food source for the Kauai cave wolf spider, adverse impacts

to the amphipod could also affect the cave spider. For these reasons,

the risks posed by human activity to these species that could result

from publication of critical habitat maps is significant.

In addition, designation of critical habitat would not be

beneficial to these species. Critical habitat designation provides

protection only on Federal lands or on private lands when there is

Federal involvement through authorization or funding of, or

participation in, a project or activity. The two Kauai cave animals are

known to occur only on private land and there presently is no Federal

nexus through permitting or funding activities. Therefore, designation

would provide no benefit at the present time.

However, even if Federal involvement through permitting or funding

occurs sometime in the future, critical habitat would not provide any

added conservation benefit to these species

two Kauai cave animals are

known to occur only on private land and there presently is no Federal

nexus through permitting or funding activities. Therefore, designation

would provide no benefit at the present time.

However, even if Federal involvement through permitting or funding

occurs sometime in the future, critical habitat would not provide any

added conservation benefit to these species. Section 7(a)(2) of the Act

requires Federal agencies, in consultation with the Service, to ensure

that any action authorized, funded or carried out by such agency, does

not jeopardize the continued existence of a federally-listed species.

The consequence of critical habitat designation is that Federal

agencies must also ensure that their actions do not result in

destruction or adverse modification of critical habitat. However, the

prohibition on adverse modification would provide no benefit beyond

that provided by the prohibition on jeopardy. The Kauai cave wolf

spider has been found in only two lava tube systems and the Kauai cave

amphipod in the same two systems and two other caves. If designated for

these species, critical habitat would likely involve only occupied

habitat because of the specific and unique life requirements of the two

cave animals. Thus, because of these few locations of limited size, any

activity that would adversely modify critical habitat would likely

jeopardize the continued existence of the species as well. The

designation of critical habitat would, therefore, afford no additional

benefit.

In addition, in some cases, critical habitat may provide some

benefits to a species by identifying areas important to a species

conservation. However, in this case, this information can be

disseminated through alternative means. All involved parties and

landowners have been notified of the importance of the cave species

habitat. The Service is also working with these landowners through the

Partners for Wildlife program to fence the cave entrances to discourage

human intrusion

identifying areas important to a species

conservation. However, in this case, this information can be

disseminated through alternative means. All involved parties and

landowners have been notified of the importance of the cave species

habitat. The Service is also working with these landowners through the

Partners for Wildlife program to fence the cave entrances to discourage

human intrusion. Appropriate consultation and coordination with other

Federal agencies, such as the Federal Highway Administration and the

Department of Agriculture, will occur once the specific federally-

supported activity that could affect the two cave species is proposed.

In summary, there would be substantial risks to these species by

publicizing maps of the locations of their cave habitats. Weighed

against the fact that there would be no additional benefit to the

species, the Service finds that designation of critical habitat for the

two cave animals is not prudent at this time.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Act include recognition, recovery actions,

requirements for Federal protection, and prohibitions against certain

activities. Recognition through listing results in public awareness and

conservation actions by Federal, State, and private agencies, groups,

and individuals. The Act provides for possible land acquisition and

cooperation with the State and requires that recovery actions be

carried out for all listed species. The protection required of Federal

agencies and the prohibitions against certain activities involving

listed animals are discussed, in part, below.

Section 7(a) of the Act requires Federal agencies to evaluate their

actions with respect to any species that is proposed or listed as

endangered or threatened and with respect to its critical habitat, if

any is being designated. Regulations implementing this interagency

cooperation provision of the Act are codified at 50 CFR part 402

es involving

listed animals are discussed, in part, below.

Section 7(a) of the Act requires Federal agencies to evaluate their

actions with respect to any species that is proposed or listed as

endangered or threatened and with respect to its critical habitat, if

any is being designated. Regulations implementing this interagency

cooperation provision of the Act are codified at 50 CFR part 402.

Section 7(a)(4) requires Federal agencies to confer with the Service on

any action that is likely to jeopardize the continued existence of a

species proposed for listing or result in destruction or adverse

modification of proposed critical habitat. If a species is listed

subsequently, section 7(a)(2) requires Federal agencies to insure that

activities they authorize, fund, or carry out are not likely to

jeopardize the continued existence of a listed species or to destroy or

adversely modify its critical habitat. If a Federal action may affect a

listed species or its critical habitat, the responsible Federal agency

must enter into formal consultation with the Service.

All known populations of the Kauai cave wolf spider and the Kauai

cave amphipod are located on private property. Federally supported

activities that could affect these taxa and their habitat in the future

include, but are not limited to, the following--construction of roads

and highways; construction of public or private facilities;

construction of diversions for flood control; and the release of

biological control agents.

The Act and its implementing regulations set forth a series of

general prohibitions and exceptions that apply to all endangered

wildlife

xa and their habitat in the future

include, but are not limited to, the following--construction of roads

and highways; construction of public or private facilities;

construction of diversions for flood control; and the release of

biological control agents.

The Act and its implementing regulations set forth a series of

general prohibitions and exceptions that apply to all endangered

wildlife. The prohibitions, codified at 50 CFR 17.21, in part, make it

illegal for any person subject to the jurisdiction of the United States

to take (includes harass, harm, pursue, hunt, shoot, wound, kill, trap,

or collect; or attempt any of these); import or export; transport in

interstate or foreign commerce in the course of a commercial activity;

or sell or offer for sale in interstate or foreign commerce any listed

species. It is also illegal to possess, sell, deliver, carry,

transport, or ship any such wildlife that has been taken illegally.

Certain exceptions apply to agents of the Service and State

conservation agencies.

Permits may be issued to carry out otherwise prohibited activities

involving endangered wildlife under certain circumstances. Regulations

governing permits are codified at 50 CFR 17.22 and 17.23. Such permits

are available for scientific purposes, to enhance the propagation or

survival of the species, and/or for incidental take in the course of

otherwise lawful activities.

It is the policy of the Service, published in the Federal Register

on July 1, 1994 (59 FR 34272), to identify to the maximum extent

practicable at the time a species is listed those activities that would

or would not constitute a violation of section 9 of the Act. The intent

of the policy is to increase public awareness of the effect of this

listing on proposed and ongoing activities within the species' range.

The Service believes that, based on the best available information, the

following actions will not result in a violation of section 9:

me a species is listed those activities that would

or would not constitute a violation of section 9 of the Act. The intent

of the policy is to increase public awareness of the effect of this

listing on proposed and ongoing activities within the species' range.

The Service believes that, based on the best available information, the

following actions will not result in a violation of section 9:

(1) Possession, delivery, or movement, including interstate

transport, involving no commercial activity, of dead specimens of these

taxa that were collected prior to the publication in the Federal

Register of the final regulation adding these taxa to the list of

endangered species; and

(2) Landscaping that does not include filling or grading the area

above or adjacent to the surface footprint of the caves.

Potential activities involving these taxa that the Service believes

will likely be considered a violation of section 9 include, but are not

limited to, the following:

(1) Collection of specimens of these taxa for private possession or

deposition in an institutional collection;

(2) The use of chemical insecticides that results in killing or

injuring these taxa;

(3) The unauthorized release of biological control agents that

attack any life stage of these taxa; and

(4) Habitat modification that results in actually killing or

injuring these taxa by significantly impairing essential life

sustaining requirements such as breeding, feeding and shelter. Such

l collection;

(2) The use of chemical insecticides that results in killing or

injuring these taxa;

(3) The unauthorized release of biological control agents that

attack any life stage of these taxa; and

(4) Habitat modification that results in actually killing or

injuring these taxa by significantly impairing essential life

sustaining requirements such as breeding, feeding and shelter. Such

habitat modification may include but may not be limited to: Removal or

destruction of perennial vegetation within or adjacent to the surface

footprint of the caves; construction, clearing, grading, digging, or

filling within or adjacent to the surface footprint of the caves;

blasting for construction in proximity to the caves; and alteration of

the natural drainage of surface and subsurface water flow into the

caves.

Federal listing will automatically invoke listing under the State's

endangered species act. Hawaii's endangered species act states, ``Any

species of aquatic life, wildlife, or land plant that has been

determined to be an endangered species pursuant to the Federal

Endangered Species Act shall be deemed to be an endangered species

under the provisions of this chapter...'' (HRS, Sect. 195D-4(a)).

Therefore, Federal listing will accord the species listed status under

Hawaii State law. State regulations prohibit the removal, destruction,

or damage of animals found on State lands. However, the regulations are

difficult to enforce because of limited personnel. Further, the State

may enter into agreements with Federal agencies to administer and

manage any area required for conservation, management, enhancement, or

protection of endangered species (HRS, Sect. 195D-5(c)), cutting,

collecting, uprooting, destroying, injuring, or possessing any listed

species of plant on State or private land, or attempting to engage in

any such conduct. The State law encourages conservation of such species

by State agencies and triggers other State regulations to protect the

species (HRS, Sect

management, enhancement, or

protection of endangered species (HRS, Sect. 195D-5(c)), cutting,

collecting, uprooting, destroying, injuring, or possessing any listed

species of plant on State or private land, or attempting to engage in

any such conduct. The State law encourages conservation of such species

by State agencies and triggers other State regulations to protect the

species (HRS, Sect. 195AD-4 and 5).

Questions regarding specific activities should be directed to the

Ecosystem Manager of the Service's Pacific Islands Office (see

ADDRESSES section). Requests for copies of the regulations concerning

listed animals and inquiries regarding prohibitions and permits may be

addressed to the U.S. Fish and Wildlife Service, Endangered Species

Permits, 911 N.C. 11th Avenue, Portland, Oregon, 97232-4181 (503/231-

6241; FAX 503/231-6243).

Public Comments Solicited

The Service intends that any final action resulting from this

proposal will be based on the best and most accurate information

possible. Therefore, comments or suggestions from the public, other

concerned governmental agencies, the scientific community, industry, or

any other interested party concerning this proposed rule are hereby

solicited. Comments particularly are sought concerning:

(1) Biological, commercial trade, or other relevant data concerning

threat (or lack thereof) to these species;

(2) The location of any additional populations of these species and

the reasons why any habitat should or should not be determined to be

critical habitat as provided by section 4 of the Act;

(3) Additional information concerning the range, distribution, and

population size of these species;

(4) Current or planned activities in the subject area and their

possible impacts on these species; and

(2) The location of any additional populations of these species and

the reasons why any habitat should or should not be determined to be

critical habitat as provided by section 4 of the Act;

(3) Additional information concerning the range, distribution, and

population size of these species;

(4) Current or planned activities in the subject area and their

possible impacts on these species; and

(5) Additional information regarding whether or not designating

critical habitat would be prudent.

The final decision on this proposal will take into consideration

the comments and any additional information received by the Service,

and such communications may lead to a final determination that differs

from this proposal.

The Endangered Species Act provides for at least one public hearing

on this proposal, if requested. Hearing requests must be received

within 45 days of the date of publication of the proposal in the

Federal Register. Such requests must be made in writing and addressed

to the Ecoregion Manager (see ADDRESSES section).

National Environmental Policy Act

The Fish and Wildlife Service has determined that Environmental

Assessments and Environmental Impact Statements, as defined under the

authority of the National Environmental Policy Act of 1969, need not be

prepared in connection with regulations adopted pursuant to section

4(a) of the Endangered Species Act of 1973, as amended. A notice

outlining the Service's reasons for this determination was published in

the Federal Register on October 25, 1983 (48 FR 49244).

Required Determinations

The Service has examined this regulation under the Paperwork

Reduction Act of 1995 and found it to contain no information collection

requirements.

References Cited

to section

4(a) of the Endangered Species Act of 1973, as amended. A notice

outlining the Service's reasons for this determination was published in

the Federal Register on October 25, 1983 (48 FR 49244).

Required Determinations

The Service has examined this regulation under the Paperwork

Reduction Act of 1995 and found it to contain no information collection

requirements.

References Cited

A complete list of all references cited herein is available upon

request from the Pacific Islands Ecoregion (see ADDRESSES above).

Author: The author of this proposed rule is Dr. Adam Asquith,

Ecological Services, Pacific Islands Ecoregion, U.S. Fish and Wildlife

Service, 300 Ala Moana Boulevard, Room 6307, P.O. Box 50167, Honolulu,

Hawaii 96850 (808/541-3441).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

record keeping requirements, Transportation.

Proposed Regulation Promulgation

Accordingly, part 17, subchapter B of Chapter I, Title 50 of the

Code of Federal Regulations, is proposed to be amended as set forth

below:

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as

follows--

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. Section Sec. 17.11(h) is amended by adding the following, in

alphabetical order under the families indicated, to the List of

Endangered and Threatened Wildlife:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *

part 17 continues to read as

follows--

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. Section Sec. 17.11(h) is amended by adding the following, in

alphabetical order under the families indicated, to the List of

Endangered and Threatened Wildlife:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *

(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Species Vertebrate

------------------------------------------------------------ population

where Critical Special

Historic range endangered Status When listed habitat rules

Common name Scientific name or

threatened

--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *

Arachnids

* * * * * * *

Spider, Kauai cave wolf............ Adelocosa anops....... U.S.A. (HI).......... NA E NA NA

* * * * * * *

Crustaceans

* * * * * * *

Amphipod, Kauai cave............... Spelaeorchestia U.S.A. (HI).......... NA E ........... ........... ...........

koloana.

* * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: November 3, 1997.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 97-31839 Filed 12-4-97; 8:45 am]

BILLING CODE 4310-55-P