[Federal Register Volume 79, Number 29 (Wednesday, February 12, 2014)]
[Proposed Rules]
[Pages 8413-8416]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02982]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2007-0024; FXES11130900000C6-145-FF09E42000]
RIN 1018-AU96
Endangered and Threatened Wildlife and Plants; Removing the
Hawaiian Hawk From the Federal List of Endangered and Threatened
Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; document availability and reopening of comment
period.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
reopening of the public comment period on the August 6, 2008, proposed
rule to remove the Hawaiian hawk or Io (Buteo solitarius) from the List
of Endangered and Threatened Wildlife (List) under the Endangered
Species Act of 1973, as amended (Act). Comments submitted during the
2008 comment period and 2009 reopened comment periods do not need to be
resubmitted, and will be fully considered in preparation of our final
rule. However, we invite comments on the new information presented in
this document relevant to our consideration of the status of Hawaiian
hawk. We encourage those who may have commented previously to submit
additional comments, if appropriate, in light of this new information.
Further, we are again making available for public review the draft
post-delisting monitoring plan for the Hawaiian hawk, and we invite
comments on that draft plan.
DATES: The comment period for the proposed rule published August 6,
2008, at 73 FR 45680 is reopened. To ensure that we are able to
consider your comments and information, they must be received or
postmarked no later than April 14, 2014. Please note that, if you are
using the Federal eRulemaking Portal (see ADDRESSES, below), the
deadline for submitting an electronic comment is 11:59 p.m. Eastern
Time on this date. We may not be able to address or incorporate
information that we receive after the above requested date.
ADDRESSES: Document availability: Electronic copies of the 2008
proposed delisting of the Hawaiian hawk, comments received, and the
draft post-delisting monitoring plan (draft PDM Plan) can be obtained
from the Web sites http://www.regulations.gov (under Docket No. FWS-R1-
ES-2007-0024) or http://www.fws.gov/pacificislands. To request a
hardcopy of the proposed rule or the draft PDM Plan, write to: Field
Supervisor, Attention: Hawaiian Hawk Proposed Delisting/Draft PDM Plan,
Pacific Islands Fish and Wildlife Office, U.S. Fish and Wildlife
Service, 300 Ala Moana Boulevard, Rm. 3-122, Honolulu, HI 96850; or
call 808-792-9400; or send an email request to jay_nelson@fws.gov.
Written comments: You may submit comments and information by one of
the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. Search for docket number FWS-R1-ES-2007-0024.
Please ensure you have found the correct document before submitting
your comments.
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R1-ES-2007-0024; Division of Policy and
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax
Drive, MS 2042-PDM; Arlington, VA 22203.
We will post all comments and information we receive on http://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Public Comments section
below for more details).
FOR FURTHER INFORMATION CONTACT: Loyal Mehrhoff, Field Supervisor,
Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Room
3-122, Honolulu, HI 96850; telephone (808-792-9400); or facsimile (808-
792-9581). If you use a telecommunications device for the deaf (TDD),
please call the Federal Information Relay Service (FIRS) at 800-877-
8339.
SUPPLEMENTARY INFORMATION:
Previous Federal Actions
The Hawaiian hawk was added to the U.S. Department of the
Interior's list of endangered species on March 11, 1967 (32 FR 4001),
in accordance with section 1(c) of the Endangered Species Preservation
Act of October 15, 1966 (80 Stat. 926; 16 U.S.C. 668aa(c)). Its status
as an endangered species was retained under the Endangered Species Act
of 1973, as amended (Act; 16 U.S.C. 1531 et seq.). A recovery plan for
the Hawaiian hawk was published on May 9, 1984 (Service 1984).
The Service published a proposed rule to reclassify the Hawaiian
hawk from endangered to threatened on August 5, 1993 (58 FR 41684),
based on Griffin's (1985, p. 25) preliminary population estimate of
1,400 to 2,500 adult birds and because it was discovered that the
species occupied, and nested in, nonnative forests and exploited
nonnative prey species as a food resource. However, the proposal was
not finalized; during the comment period, several commenters expressed
concerns that the population data used in the proposal were not current
and there was not enough known about the hawk's breeding success to
warrant downlisting. In response, in 1997, the Service formed the Io
Recovery Working Group (IRWG), the mission of which was to provide
oversight and advice on aspects of the recovery of the Hawaiian hawk.
On February 3, 1997, we received a petition from the National
Wilderness Institute to delist the Hawaiian hawk. We responded to that
petition in a letter dated June 19, 1998, indicating that we could not
immediately work on the petition due to higher priority listing and
delisting actions.
We published a proposed rule to delist the Hawaiian hawk, due to
recovery, on August 6, 2008, with a 60-day comment period that closed
October 6, 2008 (73 FR 45680). The proposed delisting was based on
several studies that had shown the range-wide population estimates had
been stable for at least 20 years and this species was not threatened
with becoming endangered throughout all or a significant portion of its
range in the foreseeable future.
We made available the draft post-delisting monitoring plan for the
Hawaiian hawk (draft PDM plan) on February 11, 2009 (74 FR 6853), with
a 60-day comment period that closed April 13, 2009. In that same
document, we reopened the comment period for the proposed delisting
rule for 60 days, also ending April 13, 2009.
We published a schedule of public hearings on the proposed rule on
June 5, 2009 (74 FR 27004), to allow interested parties an opportunity
to comment on the proposed rule and draft PDM plan, and we reopened the
proposal's comment period for another 60 days, ending August 4, 2009.
We held public hearings on June 30, 2009,
[[Page 8414]]
in Hilo, Hawaii, and on July 1, 2009, in Captain Cook, Hawaii.
Background
In this document, we will only discuss new information pertinent to
the proposed delisting of the Hawaiian hawk. For a more detailed
description of the Hawaiian hawk, its status, its threats, and a
summary of factors affecting the species, please refer to the August 6,
2008, proposed rule to delist the species (73 FR 45680; see ADDRESSES)
and the recovery plan (http://ecos.fws.gov/docs/recovery_plan/840509.pdf ). During the comment periods and public hearings following
the August 6, 2008, proposed rule to delist the species, we received
comments from 3 independent biologists with expertise in the ecology of
the Hawaiian hawk, 5 comments from State of Hawaii and county agencies,
and 118 comments from the general public.
New Information
During the comment periods, we received new or updated information
on projected urban growth rates and conversion of agriculture lands to
unsuitable hawk habitat, both of which we previously identified and
analyzed in the proposed rule. Also, we received more information on
the potential effects of climate change on Hawaiian hawk habitat. The
majority of relevant information that has become available since our
2008 proposal to delist the Hawaiian hawk is from public comments,
recent publications, and further evaluation of existing information.
We funded an island-wide survey of Hawaiian hawks that was
completed in the summer of 2007 to determine if there had been any
population change since 1998 to 1999 and to better understand possible
regional differences in hawk density, habitat use, and habitat quality
(Gorresen et al. 2008). Island-wide survey results were summarized in
the August 6, 2008, proposed rule (73 FR 45680). To evaluate possible
regional differences in hawk density and habitat use, the researchers
divided the hawk's range into four regions: Hamakua, Puna, Kau, and
Kona, based on a combination of climatic, geological, and vegetation
factors and contiguity in land cover.
Habitat and region were found to be significantly associated with
Hawaiian hawk density (Gorresen et al. 2008, p. 15). Rankings of
combined 1998 and 2007 hawk densities showed that Puna supported lower
hawk numbers generally for all habitats compared to other regions
(Gorresen et al. 2008, p. 16). In the Kona region, mature native forest
and mature native forest with grass understory had greater hawk
densities than areas dominated by orchards, shrubland, pioneer native
forest, and urban habitats (Gorresen et al. 2008, p. 15). Native-exotic
forest in Hamakua had more than four times the hawk density than
similar habitats in Puna, while mature native forest in Kona supported
greater densities of hawks than the same habitat in Puna (Gorresen et
al. 2008, p. 15).
The researchers delineated the Hawaiian hawk's breeding range by
mapping mid- to tall-stature wet to mesic native and exotic forest, and
foraging habitat available within 1 mile (mi) (2.86 kilometers (km)) of
forest patches (distance to foraging habitat was based on the diameter
of the largest adult hawk home range) (Gorresen et al. 2008, p. 11).
The resulting 2,221-square-mile (sq-mi) (5,755-square-kilometer (sq-
km)) breeding range included all hawks detected during the 1998 to 1999
and 2007 surveys, and was approximately 6 percent smaller than the
usable habitat area for hawks determined by Klavitter et al. (2003, p.
170).
We examined trends in human population, urban and exurban growth,
and land subdivision over the past three decades for Hawaii County to
better understand the history of habitat change on Hawaii and the
potential effects of these factors on Hawaiian hawk habitat and density
in the future. The Hawaii Department of Business, Economic Development
and Tourism (HDBEDT 2012) projected the population of Hawaii County to
grow 1.6 percent annually from 2010 to 2040, a 32 percent population
increase over 20 years.
The number of private residential construction permits issued
annually by Hawaii County for single-family dwellings more than doubled
from 1995 to 2007, from 908 to 1,852 permits (County of Hawaii 2010,
Table 16.7). The total number of housing units built nearly doubled
from 1984 to 2007, from 39,164 to 77,650 units (County of Hawaii 2010,
Tables 16.9 and 16.10). The pace of home construction was most rapid in
the Puna and North Kona Districts, with increases of 105.6 and 67.7
percent, respectively, in the total number of housing units built from
1990 to 2000 (County of Hawaii 2010, Table 16.13). We expect
residential and exurban construction for Hawaii County to continue at a
similar pace in the foreseeable future as indicated by expected human
population growth for Hawaii County and home construction for the
island of Hawaii for the last three decades.
We also analyzed tax-map keys (TMKs) for the years 1996 and 2009 to
better understand land subdivision on Hawaii and how this might relate
to potential changes in Hawaiian hawk habitat (Nelson and Metevier
2010, pp. 1-3). Over this time period, the number of land parcels less
than 1 acre (ac) in size increased almost three fold from 25,925 to
74,620 parcels. There was a greater than three-fold increase in the
land area for parcels of this size, from 7,680 ac (3,107 hectares (ha),
31 sq km) to 24,458 ac (9,897 ha, 99 sq km); the latter is equal to
approximately 1.7 percent of the hawk's current range. Almost half of
the subdivision activity occurred in the Puna region. Parcels of 1 acre
or less in size do not require a grubbing permit if grubbing (i.e.,
vegetation clearing) does not alter the general and localized drainage
pattern with respect to abutting properties (County of Hawaii 2005a, p.
10-2).
Of the total land area in the Puna region, 46.2 percent is zoned
for agriculture. Large areas of these lands were subdivided during the
1950s and 1960s, with lot sizes ranging from 0.2 to 6 ac (0 to 2 ha)
(Punaguide 2013, p. 2). More than 51,000 ac (20,638 ha) (23 percent) of
lands zoned for agriculture and other uses were subdivided from 1958 to
1973 in the Puna District south of the Hawaii Belt Road (Punaguide
2013, pp. 2-3). Almost all lands zoned for agriculture between Hilo
Town and Volcano Village north of the Hawaii Belt Road were subdivided
to some extent between 1996 and 2009 (Nelson and Metevier 2010, pp. 1-
2). Many of the areas south of the Hawaii Belt Road are developed or
are currently being developed as low density residential housing
(Punaguide 2013, pp. 2-3).
Hunting of prey by Hawaiian hawk may be inhibited in areas with
close standing trees that limit the hawk's ability to maneuver in
flight, such as groves of nonnative strawberry guava (Psidium
cattleianum), which dominates as much as 10 percent (37.5 sq mi, 97 sq
km) of the forest area in conservation district lands in the Puna
region (State of Hawaii 2010, p. 114). Because of its ability to form
impenetrable groves of close standing trees, the invasion of large
areas of native forests by strawberry guava poses a significant and
serious threat to Hawaiian hawk habitat. Recent research suggests
projected temperature and precipitation change in Hawaii will likely
facilitate the spread of strawberry guava from its present distribution
in lowland wet- and mesic-forest into higher elevation montane forests
dominated by native species (Denslow 2008, p. 1). It is projected that
within
[[Page 8415]]
100 years strawberry guava, if not controlled, could invade native
forests to elevations as high as 6,000 feet (ft) (1,800 meters (m))
(McDermitt 2009, p. 1; Price et al. 2009, slides 22-23). This expansion
would have the potential to degrade up to 36 percent of the hawk's
range to an elevation of 4,500 ft (1,500 m) (Gorresen et al. 2008, p.
25). Based on the above projections, we anticipate approximately 7
percent of current usable Hawaiian hawk habitat could be degraded in
the next 20 years by the continued spread of strawberry guava into
native forests. A biocontrol agent for strawberry guava, the Brazilian
scale insect Tectococcus ovatus, was released in 2012 on Hawaii in two
demonstration plots. Insects released have established and begun to
reproduce and spread within individual trees, and the agent is planned
to be released within native forest sites (Chaney and Johnson in HCC
2013, p. 74). It is too early, however, to know what effect this may
have on guava tree vigor and rate of spread.
The August 6, 2008, proposed rule (73 FR 45680, pp. 45684-45685)
analyzed the potential threat to Hawaiian hawk habitat posed by the
conversion of current agricultural lands to crops for biodiesel fuel
production (Gorresen et al. 2008, p. 10). That analysis was based on a
report prepared in 2006 for the State of Hawaii Department of
Agriculture that identified agricultural lands on the island of Hawaii
that would be suitable for such crop production (Poteet 2006, pp. 27-
28). Construction and testing of biodiesel facilities is progressing,
and one facility is now located on Hawaii Island. In addition to other
information we request in the Public Comments section, below, we
request new information on the actual conversion of agricultural land
to crops for biodiesel fuel production, including former and current
crop type and acreage.
Hawaiian hawks frequently nest in native ohia (Metrosideros
polymorpha,an evergreen tree in the myrtle family). Within the past 5
years, landowners in lower Puna District have noticed an increased rate
of ohia dieback (Friday and Friday 2013, entire), a phenomenon where
trees affected show progressive dieback accompanied by browning of the
leaves, reduction in leaf size, and death of all or part of the crown
(Hodges et al. 1986, p. ii.). Ohia dieback occurs on Hawaii in all
areas with ohia trees, and is attributed to several causes including
volcanic emissions, wet soil conditions, displacement by native tree
fern (Cibotium spp.), dense stands of ohia trees, and proximity to
fault lines (Hodges et al. 1986, p. 4; Friday and Friday 2013, p. 2).
Ohia dieback is localized, and large areas of healthy ohia forest often
remain adjacent to dieback areas.
Although new information shows negative habitat trends due to
urbanization and nonnative plant species invasion, efforts at habitat
restoration that benefit the Hawaiian hawk are achieving success in
several areas including reforestation at the Hakalau Forest National
Wildlife Refuge, and fencing and ungulate removal at Puu Waawaa Forest
Bird Sanctuary and parts of the State's Natural Area Reserve System
(Gorresen et al. 2008, p. 26). Management goals for native forests
damaged by ungulate browsing and grazing usually are to restore
ecosystem structure to improve and maintain watershed values and
promote native species diversity (TMA 2007, p. 26). The State of
Hawaii's initiative, The Rain Follows the Forest, for example,
identifies priority watersheds and outlines on-the-ground actions and
projects required to sustain Hawaii's critical water sources (DLNR
2011, p. 1). Currently, only 10 percent of the priority watershed areas
are protected; however, The Rain Follows the Forest seeks to double the
amount of protected watershed areas, including some areas on Hawaii
Island, in just 10 years. The Kohala Watershed Partnership, Mauna Kea
Watershed Alliance, and Three Mountain Alliance are currently
conducting work to remove ungulates and improve or restore over 19,000
ac (7,689 ha) of forest area on Hawaii Island (DLNR 2011, p. 16).
In addition, forest restoration programs like the Hawaiian Legacy
Reforestation Initiative, U.S. Department of Agriculture Forestry
Program, and Hawaii's Forest Stewardship Program benefit Hawaiian hawk
habitat through restoration of relatively intact native forests and
reforestation of pasture areas. The focus of these programs over the
last few decades has been the development of a native hardwoods
forestry industry with native koa (Acacia koa) as the species of
primary interest. Suitability of koa plantations for Hawaiian hawk
foraging and nesting has not been studied, and hawk use of these areas
may be variable, because koa plantations likely differ in their
suitability as hawk habitat depending upon age of koa stands, stand
density, and over-story characteristics related to harvest methods
used.
Despite habitat concerns, as explained in our August 6, 2008,
proposed rule, the Hawaiian hawk is resilient enough to maintain itself
over time in a variety of habitat types including native, native-
exotic, and exotic forest (Klavitter et al. 2003, p. 170).
Post-Delisting Monitoring Plan
Section 4(g)(1) of the Act requires us, in cooperation with the
States, to implement a monitoring program for not less than 5 years for
all species that have been delisted due to recovery. The purpose of
this post-delisting monitoring (PDM) is to verify that the species
remains secure from risk of extinction after it has been removed from
the protections of the Act. The PDM is designed to detect the failure
of any delisted species to sustain itself without the protective
measures provided by the Act. If, at any time during the monitoring
period, data indicate that protective status under the Act should be
reinstated, we can initiate listing procedures, including, if
appropriate, emergency listing under section 4(b)(7) of the Act.
Section 4(g) of the Act explicitly requires cooperation with the States
in development and implementation of PDM programs, but we remain
responsible for compliance with section 4(g) and, therefore, must
remain actively engaged in all phases of PDM. We also seek active
participation of other entities that are expected to assume
responsibilities for the species' conservation post-delisting.
The Service has developed a draft PDM plan for Hawaiian hawk in
cooperation with the State of Hawaii Department of Land and Natural
Resources, Division of Forestry and Wildlife (DOFAW); the National Park
Service (NPS); and the U.S. Geological Survey, Biological Resources
Division (BRD). The PDM includes monitoring the Hawaiian hawk
population every 5 years for 20 years and is designed to verify that
the Hawaiian hawk remains secure from risk of extinction after its
removal from the Federal List of Endangered and Threatened Wildlife. We
made available the draft PDM plan on February 11, 2009 (74 FR 6853),
with a 60-day comment period that closed April 13, 2009. With this
document, we are again soliciting public comments and peer review on
the draft PDM plan. All comments on the draft PDM plan from the public
and peer reviewers will be considered and incorporated into the final
PDM plan as appropriate.
The following is a brief summary of the draft PDM plan. Please see
the plan, available at http://www.fws.gov/pacificislands or at http://www.regulations.gov under Docket No. FWS-R1-ES-2007-0024, for more
details. The PDM plan for the Hawaiian hawk covers a 20-year period,
and will include abundance, distribution, and disease monitoring.
Variable circular
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plot (VCP) surveys (Gorresen et al. 2008, pp. 10-11) for Hawaiian hawk
will be conducted from March through July every 5 years, following the
stations used in the 2007 surveys. Densities will be used to
extrapolate population estimates, and differences in estimated hawk
densities will be compared among years, regions, and habitats. All dead
Hawaiian hawks found by field crews during VCP surveys or reported by
the public will be salvaged and necropsied to determine the cause of
death. Monitoring cooperators will report all dead, injured, and
diseased birds to the Service's Pacific Islands Fish and Wildlife
Office, which will collate information on disease, cause of injury or
death, location, date, and any other relevant data.
If monitoring reveals any cause for concern, such as reduced
numbers of Hawaiian hawk or decreased range, a more comprehensive
ground assessment of the monitored populations, or addition of extra
monitoring sites, may be necessary. If monitoring concerns become
sufficiently high, we will conduct a full status review of the species
to determine if relisting is warranted.
Public Comments
We intend that any final action resulting from the proposal will be
based on the best scientific and commercial data available and will be
as accurate and effective as possible. To ensure our determination is
based on the best available scientific and commercial information, we
request information on the Hawaiian hawk from governmental agencies,
native Hawaiian groups, the scientific community, industry, and any
other interested parties. We request comments or suggestions on our
August 6, 2008 (73 FR 45680), proposal to delist the Hawaiian hawk; our
draft PDM plan; new information presented in this Federal Register
document; and any other information. Specifically, we seek information
on:
(1) The species' biology, range, and population trends, including:
(a) Life history, ecology, and habitat use of Hawaiian hawk,
including utilization of koa plantations and exurban areas;
(b) Range, distribution, population size, and population trends;
(c) Positive and negative effects of current and foreseeable land
management practices on Hawaiian hawk, including conservation efforts
associated with watershed partnerships and The Rain Follows the Forest
initiative; patterns of land subdivision and development; effects on
native forest of introduced plant species; conversion of land to
biodiesel production, forestry, and diversified agriculture; and
potential effects of biocontrol efforts on strawberry guava; and
(d) Potential effects of temperature and rainfall change on fire
frequency and intensity and forest type and distribution.
(2) The factors, as detailed in the August 6, 2008, proposed rule
(73 FR 45680), that are the basis for making a listing/delisting/
downlisting determination for a species under section 4(a) of the Act,
which are:
(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.
(3) The draft post-delisting monitoring plan.
You may submit your information by one of the methods listed in
ADDRESSES. If you submit information via http://www.regulations.gov,
your entire submission--including any personal identifying
information--will be posted on the Web site. If you submit a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this personal identifying
information from public review. However, we cannot guarantee that we
will be able to do so. We will post all hardcopy submissions on http://www.regulations.gov.
Information and supporting documentation that we receive and use in
preparing the proposal will be available for you to review at http://www.regulations.gov, or you may make an appointment during normal
business hours at the Service's Pacific Islands Fish and Wildlife
Office (see FOR FURTHER INFORMATION CONTACT).
If you submitted comments or information previously on the August
6, 2008, proposed rule (73 FR 45680); the February 11, 2009, document
that made available our draft PDM plan (74 FR 6853); or our June 5,
2009, publication announcing public hearings and reopening the
proposal's comment period (74 FR 27004), please do not resubmit them.
These comments have been incorporated into the public record and will
be fully considered in the preparation of our final determination.
The Service will finalize a new listing determination after we have
completed our review of the best available scientific and commercial
information, including information and comments submitted during this
comment period. In summary, the outcome of our review could result in:
(1) A final rule to delist the Hawaiian hawk; (2) a final rule to
downlist (i.e., reclassify to threatened) the Hawaiian hawk; or (3) a
withdrawal of the 2008 proposed rule to delist the species.
References Cited
A complete list of references cited is available on the Internet at
http://www.regulations.gov and upon request from the Service's Pacific
Islands Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this document are staff of the Service's
Pacific Islands Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: February 4, 2014.
Rowan W. Gould,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-02982 Filed 2-11-14; 8:45 am]
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