64340 Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Proposed Rules

Williams, Secretary, Kansas Department

of Wildlife and Parks, in litt. 1997).

Likewise, the State of New Mexico

declined to enter into the MOU due to

staff and fiscal constraints (Jerry A.

Maracchini, Director, New Mexico

Department of Game and Fish, in litt.

1997).

Public Comments Solicited

The Service solicits written comments

on information described in this notice.

All previous comments and information

submitted in response to earlier

comment periods on this proposed

action will be considered.

Communications received during this

comment period may lead to a final

regulation that differs from that

presented in this notice.

References Cited

Brune, G. 1981. Springs of Texas volume I.

Branch-Smith, Inc. Fort Worth, TX

Dugan, J.T. and J.B. Sharpe. 1996. Water-level

changes in the High Plains aquifer

predevelopment to 1994. WaterResources Investigations Report 95–

4208. U.S. Geological Survey. Lincoln,

NE.

Peckham, D.S. and J.B. Ashworth. 1993. The

High Plains aquifer system of Texas,

1980 to 1990 overview and projections.

Texas Water Development Board. Austin,

TX 34 pp.

Texas State Board of Water Engineers. 1938a.

Oldham County, Texas records of wells

and springs, driller’s logs, water analysis

and map showing location of wells and

springs. WPA Project 6017–5674. State

Board of Water Engineers, U.S.

Geological Survey, and Univ. Texas

Bureau of Industrial Chemistry. Austin,

TX. 50 pp.

Texas State Board of Water Engineers. 1938b.

Potter County, Texas records of wells,

springs, and representative earthen

tanks, driller’s logs, water analysis and

map showing location of wells. WPA

Ground-water Survey Project 5674. State

Board of Water Engineers, Univ. Texas

Bureau of Industrial Chemistry, and U.S.

Geological Survey. Austin, TX. 52 pp.

U.S. Bureau of Reclamation. 1995. Final

supplemental environmental assessment

Lake Meredith Salinity Control Project

Texas-New Mexico. Great Plains Region,

Oklahoma-Texas Area Office. Oklahoma

City, OK 57 pp.

Author

The primary author of this notice is

Ken Collins, U.S. Fish and Wildlife

Service (see ADDRESSES above).

Authority

The authority for this action is 16

U.S.C. 1531–1544.

Dated: November 24, 1997.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 97–31840 Filed 12–4–97; 8:45 am]

BILLING CODE 4310–55–P

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.

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
Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Proposed Rules 64341

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,
64342 Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Proposed Rules

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
Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Proposed Rules 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
64344 Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Proposed Rules

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
Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Proposed Rules 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
64346 Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Proposed Rules

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 § 17.11(h) is amended by

adding the following, in alphabetical

order under the families indicated, to

the List of Endangered and Threatened

Wildlife:

§ 17.11 Endangered and threatened

wildlife.

* * * * *

(h) * * *

Species

Historic range

Vertebrate

population

where endangered or

threatened

Status When listed Critical

habitat

Special

rules Common name Scientific name

* * * * * * *

ARACHNIDS

* * * * * * *

Spider, Kauai cave wolf Adelocosa anops ......... U.S.A. (HI) ................... NA E NA NA
Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Proposed Rules 64347

Species

Historic range

Vertebrate

population

where endangered or

threatened

Status When listed Critical

habitat

Special

rules Common name Scientific name

* * * * * * *

CRUSTACEANS

* * * * * * *

Amphipod, Kauai cave Spelaeorchestia

koloana.

U.S.A. (HI) ................... NA E .................... .................... ....................

* * * * * * *

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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 23

Listing of all Sturgeon and Paddlefish

Species and Their Products in the

Appendices to the Convention on

International Trade in Endangered

Species of Wild Fauna and Flora

(CITES) and its Implementation by the

United States; Public Meetings

AGENCY: U.S. Fish and Wildlife Service,

Interior.

ACTION: Notice of public meetings.

SUMMARY: With this notice the U.S. Fish

and Wildlife Service (Service)

announces 2 public meetings to discuss

the implementation of the listing of all

sturgeon and paddlefish, and their

products in the Convention on

International Trade in Endangered

Species of Wild Fauna and Flora

(CITES). This listing decision was

reached at the Tenth Conference of the

CITES Parties (COP10) which was held

in June of 1997. The listing becomes

effective April 1, 1998. With the listing

of all sturgeon and paddlefish species in

CITES, this fishery product is now

covered by the Service’s regulations

regarding import or export of wildlife.

The focus of the meeting will be on

aspects of importation of caviar and

other sturgeon products into the United

States.

DATES: A public meeting in New York

City, NY will be held on January 17,

1998, from 8:00 am–12:00 noon, and a

public meeting in Los Angeles, CA will

be held on January 27, 1998, from 8:00

am–12:00 noon.

ADDRESSES: The public meeting in New

York City will be held at St. John’s

University, Bent Hall Seminar Room,

8000 Utopia Parkway, Jamaica, NY

11439. The public meeting in Los

Angeles will be held at The Westin (Los

Angeles Airport) Hotel, 5400 West

Century Boulevard, Los Angeles, CA

90045. Please note that the rooms for

these meetings are accessible to the

handicapped.

FOR FURTHER INFORMATION CONTACT: Dr.

Rosemarie Gnam, Office of Management

Authority, U.S. Fish and Wildlife

Service, telephone (703) 358–2095, fax

(703) 358–2298.

SUPPLEMENTARY INFORMATION:

Background

The Convention on International

Trade in Endangered Species of Wild

Fauna and Flora, hereinafter referred to

as CITES or the Convention, is an

international treaty designed to control

international trade in certain animal and

plant species which are or may become

threatened with extinction, and are

listed in Appendices to the Convention.

Currently, 143 countries, including the

United States, are CITES Parties.

The Service is the lead agency for the

implementation of CITES. As such, we

are responsible for implementing recent

decisions from the Tenth Conference of

the Parties (COP10) which was held this

past June in Zimbabwe. Among the

decisions made at COP10, was to

include all unlisted species of sturgeon

and paddlefish in Appendix II of CITES.

This listing becomes effective April 1,

1998 (see 62 FR 44627).

The order, Acipenseriformes, are a

primitive group of approximately 27

species of fish, whose biological

attributes make them vulnerable to

intensive fishing pressure or other

agents of elevated adult mortality.

Although females produce large

quantities of eggs, juvenile mortality is

high; sturgeons are generally long-lived

and slow to mature (reaching sexual

maturity at 6–25 years); and depend on

large rivers to spawn. Sturgeons are

fished for meat and caviar, with caviar

being the most valuable product and in

highest demand in international trade.

Many species of sturgeons, the primary

source of commercial caviar, have

experienced severe population declines

worldwide because of both habitat

destruction and excessive take for

international trade. Some are at serious

risk of extinction.

Sturgeons of the Caspian Sea produce

what is claimed to be the highest quality

caviar and are the source of more than

90% of the world caviar trade. Russia,

Kazakhstan, Azerbaijan, Turkmenistan,

and Iran now supply most of the caviar

from the Caspian Sea. Since the mid1970’s very marked declines in the

populations of all six of the Caspian

Sea’s sturgeon species have been noted,

especially Beluga (Huso huso), Russian

(Acipenser gueldenstaedtii), and stellate

(A. stellatus) sturgeons. Five of the six

species of Caspian Sea sturgeons are

considered endangered by IUCN (the

World Conservation Union). The

problem has become exacerbated in

recent years due to deteriorating fishery

management and enforcement

capabilities in the region, resulting in

significant levels of poaching and illegal

trade. The total present take is believed

to far exceed sustainable levels.

In an effort to curtail the trade in

illegally obtained [poached] caviar, and

to ensure sustainable use and

management of wild sturgeon,

particularly those of the Caspian Sea,

sturgeon were considered for listing in

CITES. These concerns led to the

development of the CITES listing

proposal by Germany to include all

presently unlisted species of sturgeons

in Appendix II. CITES could provide a

regulatory mechanism for import and

export that could curtail the illegal

caviar trade and reduce threat to the

wild populations. The United States,

both as a sturgeon range state and major

importer of Caspian Sea caviar, agreed

to co-sponsor the CITES listing proposal

with Germany.

At COP10 held in Zimbabwe, this past

June, the proposal to include all

unlisted sturgeon species in CITES was

adopted by consensus. Prior to COP10,