[Federal Register Volume 62, Number 234 (Friday, December 5, 1997)]
[Proposed Rules]
[Pages 64340-64347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31839]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE39


Endangered and Threatened Wildlife and Plants; 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

    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). 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

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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. 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. 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. 1979) or 
smaller areas that maintain a saturated atmosphere (Howarth 1981). 
Because of the seasonal and spatial movement of the spider in and out 
of areas accessible to biologists, survey methods have not been 
developed to obtain accurate population estimates.
    Frank Howarth also discovered the Kauai cave amphipod 
(Spelaeorchestia koloana) along with the Kauai cave wolf spider in 
Koloa Cave #2 in 1971. Because of the unusual attributes of a highly 
reduced pincher-like condition of the first gnathopod (cephalothoracic 
appendage) and the second gnathopod being mitten-like in both sexes, 
this taxon is placed in its own unique genus (Spelaeorchestia) within 
the family Talitridae (Bousfield and Howarth 1976). This species is 
also distinctive in its lack of eye facets and pigment, and extremely 
elongate, spiny, postcephalic appendages. Adult amphipods are 7 to 10 
millimeters (0.25 to 0.4 inches) in length and very slender-bodied, 
with a hyaline cuticle. Gnathopod 1 is highly reduced and gnathopod 2 
is mitten-like. Antenna 2 is slender and elongate, with the flagellum 
only slightly longer than the peduncle. Peraeopods (abdominal walking 
legs) are very elongate, with 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). 
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,

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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. 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. 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

    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.
    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).
    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

[[Page 64343]]

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. 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. 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. 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. 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). 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

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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). 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. 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

    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. 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. 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

[[Page 64345]]

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. 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. 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. 
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. 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:
    (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

[[Page 64346]]

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. 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
    (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

    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.

* * * * *
    (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
                                                                                                                                                        

[[Page 64347]]

                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
            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