81_FR_64596 81 FR 64414 - Endangered and Threatened Wildlife and Plants; Threatened Species Status for the Iiwi (Drepanis coccinea)

81 FR 64414 - Endangered and Threatened Wildlife and Plants; Threatened Species Status for the Iiwi (Drepanis coccinea)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 182 (September 20, 2016)

Page Range64414-64426
FR Document2016-22592

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the iiwi (Drepanis coccinea), a bird species from the Hawaiian Islands, as a threatened species under the Endangered Species Act (Act). After review of all best available scientific and commercial information, we find that listing the iiwi as a threatened species under the Act is warranted. Accordingly, we propose to list the iiwi as a threatened species throughout its range. If we finalize this rule as proposed, it would extend the Act's protections to this species. The effect of this regulation will be to add this species to the Federal List of Endangered and Threatened Wildlife.

Federal Register, Volume 81 Issue 182 (Tuesday, September 20, 2016)
[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Proposed Rules]
[Pages 64414-64426]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22592]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2016-0057; 4500030113]
RIN 1018-BB54


Endangered and Threatened Wildlife and Plants; Threatened Species 
Status for the Iiwi (Drepanis coccinea)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: 12-Month petition finding; proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
12-month finding on a petition to list the iiwi (Drepanis coccinea), a 
bird species from the Hawaiian Islands, as a threatened species under 
the Endangered Species Act (Act). After review of all best available 
scientific and commercial information, we find that listing the iiwi as 
a threatened species under the Act is warranted. Accordingly, we 
propose to list the iiwi as a threatened species throughout its range. 
If we finalize this rule as proposed, it would extend the Act's 
protections to this species. The effect of this regulation will be to 
add this species to the Federal List of Endangered and Threatened 
Wildlife.

DATES: We will accept comments received or postmarked on or before 
November 21, 2016. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES below) must be received by 11:59 p.m. 
Eastern Time on the closing date. We must receive requests for public 
hearings, in writing, at the address shown in FOR FURTHER INFORMATION 
CONTACT by November 4, 2016.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R1-ES-2016-0057, 
which is the docket number for this rulemaking. Then, in the Search 
panel on the left side of the screen, under the Document Type heading, 
click on the Proposed Rules link to locate this document. You may 
submit a comment by clicking on ``Comment Now!''
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R1-ES-2016-0057; U.S. Fish and Wildlife 
Service Headquarters, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 
22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Public Comments below for more information).

FOR FURTHER INFORMATION CONTACT: Mary Abrams, Field Supervisor, Pacific 
Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Room 3-122, 
Honolulu, HI 96850; by telephone (808-792-9400); or by facsimile (808-
792-9581). Persons who use a telecommunications device for the deaf 
(TDD) may call the Federal Information Relay Service (FIRS) at 800-877-
8339.

SUPPLEMENTARY INFORMATION: This document consists of: (1) A 12-month 
petition finding that listing the iiwi under the Act is warranted; and 
(2) a proposed rule to list the iiwi as a threatened species under the 
Act.

Executive Summary

    Why we need to publish a rule. Under the Endangered Species Act, 16 
U.S.C. 1531 et seq., a species or subspecies may warrant protection 
through listing if it is endangered or threatened throughout all or a 
significant portion of its range. Critical habitat shall be designated, 
to the maximum extent prudent and determinable, for any species 
determined to be an endangered or threatened species under the Act.
    We are proposing to list the iiwi (Drepanis coccinea) as threatened 
under the Act because of current and future threats, and listing can 
only be done by issuing a rule. The iiwi no longer occurs across much 
of its historical range, and faces a variety of threats in the form of 
diseases and impacts to its remaining habitat.
    Delineation of critical habitat requires, within the geographical 
area occupied by the species, identification of the physical or 
biological features essential to the species' conservation. A careful 
assessment of the biological needs of the species and the areas that 
may have the physical or biological features essential for the 
conservation of the species and that may require special management 
considerations or protections, and thus qualify for designation as 
critical habitat, is particularly complicated in this case by the 
ongoing and projected effects of climate change and will require a 
thorough assessment. We require additional time to analyze the best 
available scientific data in order to identify specific areas 
appropriate for critical habitat designation and to analyze the impacts 
of designating such areas as critical habitat. Accordingly, we find 
designation of critical habitat for the iiwi to be ``not determinable'' 
at this time.
    What this document does. This document proposes the listing of the 
iiwi as a threatened species. We previously published a 90-day finding 
for the iiwi, and this document includes a 12-month finding and 
proposed listing rule, which assesses all available information 
regarding status of and threats to the iiwi.
    The basis for our action. Under the Act, we can determine that a 
species is an endangered or threatened species based on any of five 
factors: (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range; (B) Overutilization for 
commercial, recreational, scientific, or educational purposes; (C) 
Disease or predation; (D) The inadequacy of existing regulatory 
mechanisms; or (E) Other natural or manmade factors affecting its 
continued existence. We have determined that the primary threats to the 
iiwi are its susceptibility to avian malaria (Factor C) and the 
expected reduction in disease-free habitat as a result of increased 
temperatures caused by climate change (Factor E). Although not 
identified as primary threat factors, rapid ohia death, a disease that 
affects the tree species required by iiwi for nesting and foraging, and 
impacts from nonnative invasive plants and feral ungulates, contribute 
to the degradation and curtailment of the iiwi's remaining, disease-
free native ohia forest habitat, exacerbating threats to the species' 
viability.
    We will seek peer review. We will seek comments from independent 
specialists to ensure that our designation is based on scientifically 
sound data, assumptions, and analyses. We will invite these peer 
reviewers to comment on our listing proposal. Because we will consider 
all comments and information received during the comment period, our 
final determination may differ from this proposal.
    A species status report for the iiwi was prepared by a team of 
Service biologists, with the assistance of scientists from the U.S. 
Geological Survey's (USGS) Pacific Islands Ecosystems Research Center 
and the Service's Pacific Islands Climate Change

[[Page 64415]]

Cooperative. We also obtained review and input from experts familiar 
with avian malaria and avian genetics. The species status report 
represents a compilation of the best scientific and commercial data 
available concerning the status of the species, including the past, 
present, and future threats to the iiwi. We will invite at least three 
scientists with expertise in Hawaiian forest bird biology, avian 
malaria, and climate change to conduct an independent peer review of 
the species status report. The species status report and other 
materials relating to this proposal can be found at http://www.regulations.gov, at Docket No. FWS-R1-ES-2016-0057, or by 
contacting the Pacific Islands Fish and Wildlife Office (see FOR 
FURTHER INFORMATION CONTACT).

Information Requested

Public Comments

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available and 
be as accurate and as effective as possible. Therefore, we request 
comments or information from the public, including land owners and land 
managers, other concerned governmental agencies, the scientific 
community, industry, or any other interested parties concerning this 
proposed rule. We particularly seek comments concerning:
    (1) The iiwi's biology, range, and population trends, including:
    (a) Biological or ecological requirements of the species, including 
habitat requirements for feeding, breeding, and sheltering;
    (b) Genetics and taxonomy;
    (c) Historical and current range including distribution patterns;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for the species, its 
habitat, or both.
    (2) Factors that may affect the continued existence of the species, 
which may include habitat modification or destruction, overutilization, 
disease, predation, the inadequacy of existing regulatory mechanisms, 
or other natural or manmade factors.
    (3) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to this species and existing regulations 
that may be addressing those threats.
    (4) Additional information concerning the historical and current 
status, range, distribution, and population size of this species, 
including the locations of any additional populations of the iiwi.
    (5) Specific information on:
     What areas currently occupied, and that contain the 
necessary physical or biological features essential for the 
conservation of the iiwi, we should include in any future designation 
of critical habitat and why;
     Whether special management considerations or protections 
may be required for the physical or biological features essential to 
the conservation of the iiwi; and
     What areas not currently occupied are essential to the 
conservation of the iiwi and why.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Please note that submissions merely stating support for or 
opposition to the action under consideration without providing 
supporting information, although noted, will not be considered in 
making a determination, as section 4(b)(1)(A) of the Act directs that 
determinations as to whether any species is a threatened or endangered 
species must be made ``solely on the basis of the best scientific and 
commercial data available.''
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES.
    If you submit information via http://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the Web site. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Pacific Islands Fish and Wildlife Office (see FOR 
FURTHER INFORMATION CONTACT).

Public Hearing

    Section 4(b)(5) of the Act provides for one or more public hearings 
on this proposal, if requested. Requests must be received within 45 
days after the date of publication of this proposed rule in the Federal 
Register. Such requests must be sent to the address shown in FOR 
FURTHER INFORMATION CONTACT. We will schedule one or more public 
hearings on this proposal, if any are requested, and announce the 
dates, times, and places of those hearings, as well as how to obtain 
reasonable accommodations, in the Federal Register and local newspapers 
at least 15 days before the hearing.

Peer Review

    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), we will seek the expert 
opinions of appropriate and independent specialists regarding this 
proposed rule and the accompanying draft species status report (see 
Status Assessment for the Iiwi, below). The purpose of peer review is 
to ensure that our listing determination is based on scientifically 
sound data, assumptions, and analyses. Peer reviewers have expertise in 
the iiwi's life history, habitat, physical and biological requirements, 
avian diseases including malaria, and climate change, and are currently 
reviewing the draft species status report, which will inform our 
determination. We invite comment from the peer reviewers during this 
public comment period.

Background

    Section 4(b)(3)(B) of the Act requires that, for any petition to 
revise the Federal Lists of Threatened and Endangered Wildlife and 
Plants (Lists) that contains substantial scientific or commercial 
information indicating that listing a species may be warranted, we make 
a finding within 12 months of the date of receipt of the petition that 
the petitioned action is either: (a) Not warranted; (b) warranted; or 
(3) warranted, but the immediate proposal of a regulation implementing 
the petitioned action is precluded by pending proposals to determine 
whether other species are endangered or threatened, and expeditious 
progress is being made to add or remove qualified species from the 
Lists. With this publication, we have determined that the petitioned 
action to list the iiwi is warranted, and we are proposing to list the 
species.

Previous Federal Actions

    On August 25, 2010, we received a petition dated August 24, 2010, 
from Noah Greenwald, Center for Biological Diversity, and Dr. Tony 
Povilitis, Life Net, requesting that the iiwi be listed as an 
endangered or threatened species and that critical habitat be 
designated under the Act. In a September 10, 2010, letter to the 
petitioners, we responded

[[Page 64416]]

that we had reviewed the information presented in the petition and 
determined that issuing an emergency regulation temporarily listing the 
species under section 4(b)(7) of the Act was not warranted. We also 
stated that we were required to complete a significant number of 
listing and critical habitat actions in Fiscal Year 2010, including 
complying with court orders and court-approved settlement agreements 
with specific deadlines, listing actions with absolute statutory 
deadlines, and high-priority listing actions. Our listing and critical 
habitat funding for Fiscal Year 2010 was committed to complying with 
these court orders, settlement agreements, and statutory deadlines. 
Therefore, we were unable to further address the petition to list the 
iiwi at that time.
    We published a 90-day finding for the iiwi in the Federal Register 
on January 24, 2012 (77 FR 3423). Based on that review, we found that 
the petition presented substantial information indicating that listing 
the iiwi may be warranted, and we initiated a status review of the 
species. With the publication of this notice, we provide our 12-month 
finding and a proposal to list the iiwi as a threatened species under 
the Act.

Status Assessment for the Iiwi

    A thorough review of the taxonomy, life history, and ecology of the 
iiwi (Drepanis coccinea) is presented in the draft Iiwi (Drepanis 
coccinea) Species Status Report, available online at http://www.regulations.gov under Docket No. FWS-R1-ES-2016-0057. The species 
status report documents the results of our comprehensive biological 
status review for the iiwi, including an assessment of the potential 
stressors to the species. The species status report does not represent 
a decision by the Service on whether the iiwi should be proposed for 
listing as a threatened or endangered species under the Act. It does, 
however, provide the scientific basis that informs our regulatory 
decision, which involves the further application of standards within 
the Act and its implementing regulations and policies. The following is 
a summary of the key results and conclusions from the species status 
report.

Summary of Biological Status

    A medium-sized forest bird notable for its iconic bright red 
feathers, black wings and tail, and a long, curved bill (Hawaii Audubon 
Society 2011, p. 97), the iiwi belongs to the family Fringillidae and 
the endemic Hawaiian honeycreeper subfamily, Drepanidinae (Pratt et al. 
2009, pp. 114, 122). Iiwi songs are complex with variable creaks (often 
described as sounding like a ``rusty hinge''), whistles, or gurgling 
sounds, and they sometimes mimic other birds (Hawaii Audubon Society 
2011, p. 97). The species is found primarily in closed canopy, montane 
wet or montane mesic forests composed of tall stature ohia 
(Metrosideros polymorpha) trees or ohia and koa (Acacia koa) tree mixed 
forest. The iiwi's diet consists primarily of nectar from the flowers 
of ohia and mamane (Sophora chrysophylla), various plants in the 
lobelia (Campanulaceae) family (Pratt et al. 2009, p. 193), and 
occasionally, insects and spiders (Pratt et al. 2009, p. 193; Hawaii 
Audubon Society 2011, p. 97).
    Although iiwi may breed anytime between October and August (Hawaii 
Audubon Society 2011, p. 97), the main breeding season occurs between 
February and June, which coincides with peak flowering of ohia (Fancy 
and Ralph 1997, p. 2). Iiwi create cup-shaped nests typically within 
the upper canopy of ohia (Hawaii Audubon Society 2011, p. 97), and 
breeding pairs defend a small area around the nest and disperse after 
the breeding season (Fancy and Ralph 1997, p. 2). An iiwi clutch 
typically consists of two eggs, with a breeding pair raising one to two 
broods per year (Hawaii Audubon Society 2011, p. 97).
    Well known for their seasonal movements in response to the 
availability of flowering ohia and mamane, iiwi are strong fliers that 
move long distances following their breeding season to locate nectar 
sources (Fancy and Ralph 1998, p. 3; Kuntz 2008, p. 1; Guillamet et al. 
2015, pp. EV-8--EV-9). The iiwi's seasonal movement to lower elevation 
areas in search of nectar sources is an important factor in the 
exposure of the species to avian diseases, particularly malaria 
(discussed below).
    Although historical abundance estimates are not available, the iiwi 
was considered one of the most common of the native forest birds in 
Hawaii by early naturalists, described as ``ubiquitous'' and found from 
sea level to the tree line across all the major islands (Banko 1981, 
pp. 1-2). Today the iiwi is no longer found on Lanai and only a few 
individuals may be found on Oahu, Molokai, and west Maui. Remaining 
populations of iiwi are largely restricted to forests above 
approximately 3,937 feet (ft) (1,200 meters (m)) in elevation on Hawaii 
Island (Big Island), east Maui, and Kauai. As described below, the 
present distribution of iiwi corresponds with areas that are above the 
elevation at which the transmission of avian malaria readily occurs 
(``disease-free'' habitats). The current abundance of iiwi rangewide is 
estimated at a mean of 605,418 individuals (range 550,972 to 659,864). 
Ninety percent of all iiwi now occur on Hawaii Island, followed by east 
Maui (about 10 percent), and Kauai (less than 1 percent) (Paxton et al. 
2013, p. 10).
    Iiwi population trends and abundance vary across the islands. The 
population on Kauai appears to be in steep decline, with a modeled rate 
of decrease equivalent to a 92 percent reduction in population over a 
25-year period (Paxton et al. 2013, p. 10); the total population on 
Kauai is estimated at a mean of 2,551 birds (range 1,934 to 3,167) 
(Paxton et al. 2013, p. 10). Trends on Maui are mixed, but populations 
there generally appear to be in decline; East Maui supports an 
estimated population of 59,859 individuals (range 54,569 to 65,148) 
(Paxton et al. 2013, p. 10). On Hawaii Island, which supports the 
largest remaining numbers of iiwi at an estimated average of 543,009 
individuals (range 516,312 to 569,706), there is evidence for stable or 
declining populations on the windward side of the island, while trends 
are strongly increasing on the leeward (Kona) side. As noted above, 
iiwi have been extirpated from Lanai, and only a few individual birds 
have been sporadically detected on the islands of Oahu, Molokai, and on 
west Maui in recent decades. Of the nine iiwi population regions for 
which sufficient information is available for quantitative inference, 
five of those show strong or very strong evidence of declining 
populations; one, a stable to declining population; one, a stable to 
increasing population; and two, strong evidence for increasing 
populations. Four of the nine regions show evidence of range 
contraction. Overall, based on the most recent surveys (up to 2012), 
approximately 90 percent of remaining iiwi are restricted to forest 
within a narrow band between 4,265 and 6,234 ft (1,300 and 1,900 m) in 
elevation (Paxton et al. 2013, pp. 1, 10-11, and Figure 1) (See the 
Population Status section of the draft species status report for 
details).

Summary of Factors Affecting the Species

    The Act directs us to determine whether any species is an 
endangered species or a threatened species because of any of five 
various factors affecting its continued existence. Our species status 
report evaluated many potential stressors to iiwi, particularly direct 
impacts on the species from introduced diseases, as well as predation 
by

[[Page 64417]]

introduced mammals, competition with nonnative birds, climate change, 
ectoparasites, and the effects of small population size. We also 
assessed stressors that may affect the extent or quality of the iiwi's 
required ohia forest habitat, including ohia dieback, ohia rust, 
drought, fires, volcanic eruptions, climate change, and particularly 
rapid ohia death and habitat alteration by nonnative plants and feral 
ungulates.
    All species experience stressors; we consider a stressor to rise to 
the level of a threat to the species if the magnitude of the stressor 
is such that it places the current or future viability of the species 
at risk. In considering what stressors or factors might constitute 
threats to a species, we must look beyond the exposure of the species 
to a particular stressor to evaluate whether the species may respond to 
that stressor in a way that causes impacts to the species now or is 
likely to cause impacts in the future. If there is exposure to a 
stressor and the species responds negatively, the stressor may be a 
threat. We consider the stressor to be a threat if it drives, or 
contributes to, the risk of extinction of the species such that the 
species warrants listing as endangered or threatened as those terms are 
defined in the Act. However, the identification of stressors that could 
affect a species negatively may not be sufficient to compel a finding 
that the species warrants listing. The information must include 
evidence sufficient to suggest that these stressors are operative 
threats that act on the species to the point that the species may meet 
the definition of endangered or threatened under the Act.
    Our species status report examines all of the potential stressors 
to iiwi in detail. Here we describe those stressors that we conclude 
rise to the level of a threat to the long-term viability of iiwi.
    Based on our comprehensive assessment of the status of the iiwi in 
our species status report, we conclude that the best scientific data 
available consistently identifies avian malaria as the primary driver 
of declines in abundance and distribution of iiwi observed since the 
turn of the 20th century. This conclusion is supported by the extremely 
high mortality rate of iiwi (approximately 95 percent) in response to 
avian malaria, and the disappearance of iiwi from low-elevation ohia 
forest where it was formerly common and where malaria is prevalent 
today. Both the life cycle of the mosquito vector and the development 
and transmission of the malaria parasite are temperature-limited, thus 
iiwi are now found primarily in high elevation forests above 3,937 ft 
(1,200 m) where malaria prevalence and transmission is only brief and 
episodic, or nonexistent, under current conditions. Iiwi have not 
demonstrated any substantial sign of developing resistance to avian 
malaria to date and do not appear to be genetically predisposed to 
evolve resistance (Jarvi et al. 2004, pp. 2,164-2,166). As the 
prevalence of avian malaria increases in association with warmer 
temperatures (e.g., LaPointe et al. 2012, p. 217), the extent and 
impact of avian diseases upon iiwi are projected to become greatly 
exacerbated by climate change during this century.
    Additionally, on Hawaii Island where 90 percent of the iiwi 
currently occur, the disease rapid ohia death was identified as an 
emergent source of habitat loss and degradation that has the potential 
to exacerbate other stressors to ohia forest habitat, as well as reduce 
the amount of habitat remaining for iiwi in an already limited, 
disease-free zone contained within a narrow elevation band. Rapid ohia 
death, a recently discovered tree disease that leads to significant 
mortality of the ohia that iiwi depend upon for nesting and foraging, 
is quickly becoming a matter of urgent concern. If rapid ohia death 
continues to spread across the native ohia forests, it will directly 
threaten iiwi by eliminating the limited, malaria-free native forest 
areas that remain for the species.
    Based on the analysis in our species status report, invasive, 
nonnative plants and feral ungulates have major, adverse impacts on 
ohia forest habitat. Although we did not find that the historical and 
ongoing habitat alteration by nonnative species is the primary cause of 
the significant observed decline in iiwi's abundance and distribution, 
the cumulative impacts to iiwi's habitat, and in particular the 
activities of feral ungulates, are not insignificant and likely 
exacerbate the effects of avian malaria. Feral ungulates, particularly 
pigs (Sus scrofa), goats (Capra hircus), and axis deer (Axis axis), 
degrade ohia forest habitat by spreading nonnative plant seeds and 
grazing on and trampling native vegetation, and contributing to erosion 
(Mountainspring 1986, p. 95; Camp et al. 2010, p. 198). Invasive 
nonnative plants, such as strawberry guava (Psidium cattleianum) and 
albizia trees (Falcataria moluccana), prevent or retard regeneration of 
ohia forest used by iiwi for foraging and nesting. The combined effects 
of drought and nonnative, invasive grasses have resulted in increased 
fire frequency and the conversion of mesic ohia woodland to exotic 
grassland in many areas of Hawaii ((D'Antonio and Vitousek 1992, p. 67; 
Smith and Tunison 1992, pp. 395-397; Vitousek et al. 1997, pp. 7-8; 
D'Antonio et al. 2011, p. 1,617). Beyond alteration of ohia forest, 
feral pig activities that create mosquito habitat in ohia forest where 
there would otherwise be very little to none is identified as an 
important compounding stressor that acts synergistically with the 
prevalence of malaria and results in iiwi mortality. Although habitat 
loss and degradation is not, by itself, considered to be a primary 
driver of iiwi declines, the habitat impacts described above contribute 
cumulatively to the vulnerability of the species to the threat of avian 
malaria by degrading the quality and quantity of the remaining disease-
free habitat upon which the iiwi depends. In this regard, rapid ohia 
death, discussed above, is quickly becoming a matter of urgent concern 
as it can further exacerbate and compound effects from the suite of 
stressors that impact iiwi (see below).

Avian Diseases

    The introduction of avian diseases transmitted by the introduced 
southern house mosquito (Culex quinquefasciatus), including avian 
malaria (caused by the protozoan Plasmodium relictum) and avian pox 
(Avipoxvirus sp.), has been a key driving force in both extinctions and 
extensive declines over the last century in the abundance, diversity, 
and distribution of many Hawaiian forest bird species, including 
declines of the iiwi and other endemic honeycreepers (e.g., Warner 
1968, entire; Van Riper et al. 1986, entire; Benning et al. 2002, p. 
14,246; Atkinson and LaPointe 2009a, p. 243; Atkinson and LaPointe 
2009b, pp. 55-56; Samuel et al. 2011, p. 2,970; LaPointe et al. 2012, 
p. 214; Samuel et al. 2015, pp. 13-15). Nonnative to Hawaii, the first 
species of mosquitoes were accidentally introduced to the Hawaiian 
Islands in 1826, and spread quickly to the lowlands of all the major 
islands (Warner 1968, p. 104; Van Riper et al. 1986, p. 340). Early 
observations of birds with characteristic lesions suggest that avian 
poxvirus was established in Hawaii by the late 1800s (Warner 1968, p. 
106; Atkinson and LaPointe 2009a, p. 55), and later genetic analyses 
indicate pox was present in the Hawaiian Islands by at least 1900 
(Jarvi et al. 2008, p. 339). Avian malaria had arrived in Hawaii by at 
least 1920 (Warner 1968, p. 107; Van Riper et al. 1986, pp. 340-341; 
Atkinson and LaPointe 2009, p. 55; Banko and Banko 2009, p. 52), likely 
in association with imported cage birds (Yorinks and Atkinson 2000, p. 
731), or through the deliberate introduction of nonnative birds to 
replace the native birds that had

[[Page 64418]]

by then disappeared from the lowlands (Atkinson and LaPointe 2009a, p. 
55).

Avian Malaria

    As noted above, avian malaria is a disease caused by the protozoan 
parasite Plasmodium relictum; the parasite is transmitted by the 
mosquito Culex quinquefasciatus, and invades the red blood cells of 
birds. Birds suffering from malaria infection undergo an acute phase of 
the disease during which parasitemia, a quantitative measure of the 
number of Plasmodium parasites in the circulating red blood cells, 
increases steadily. Because the parasite destroys the red blood cells, 
anemia and decline of physical condition can quickly result. In native 
Hawaiian forest birds, death may result either directly from the 
effects of anemia, or indirectly when anemia-weakened birds become 
vulnerable to predation, starvation, or a combination of other 
stressors (LaPointe et al. 2012, p. 213). Studies have demonstrated 
that native Hawaiian birds that survive avian malaria remain 
chronically infected, thus becoming lifetime reservoirs of the disease 
(Samuel et al. 2011, p. 2,960; LaPointe et al. 2012, p. 216) and 
remaining capable of further disease transmission to other native 
birds. In contrast, nonnative birds in Hawaii are little affected by 
avian malaria and later become incapable of disease transmission 
(LaPointe et al. 2012, p. 216).
    Wild iiwi infected with malaria are rarely captured, apparently 
because the onset of infection leads to rapid mortality, precluding 
their capture (Samuel et al. 2011, p. 2,967; LaPointe et al. 2016, p. 
11). However, controlled experiments with captive birds have 
demonstrated the susceptibility of native Hawaiian honeycreepers to 
avian malaria; mortality is extremely high in some species, including 
iiwi, experimentally infected with the disease. As early as the 1960s, 
experiments with Laysan finches (Telespiza cantans) and several other 
species of native Hawaiian honeycreepers demonstrated 100 percent 
mortality from malaria in a very short period of time (Warner 1968, pp. 
109-112, 118; Fig. 426). In a study specific to iiwi, Atkinson et al. 
(1995, entire) demonstrated that the species suffers approximately 95 
percent mortality when infected with malaria (Atkinson et al. 1995, p. 
S65). In that study, iiwi and a nonnative control species were exposed 
to avian malaria through infective mosquito bites, and subjected to 
different dosages of infection (single vs. multiple bites). Following 
exposure to biting mosquitoes, food consumption, weight, and 
parasitemia were monitored for all test groups. None of the nonnative 
birds developed malarial infections, while all of the exposed iiwi 
developed infections within 4 days. Mortality of the high-dose iiwi 
reached 100 percent by day 29, and mortality of the low-dose birds 
reached 90 percent by day 37, an average of 95 percent mortality 
between the two groups (Atkinson et al. 1994, p. S63). A single male 
iiwi survived the initial infection and, following re-exposure with the 
same Plasmodium isolate, no subsequent increase in parasitemia was 
detected, suggesting a possible development of some immunity (Atkinson 
et al. 1995, p. S66). The authors suggested that iiwi may lack 
sufficient diversity in the major histocompatibility complex or 
genetically based immunity traits capable of recognizing and responding 
to malarial antigens, an important factor in iiwi's susceptibility to 
introduced disease (Atkinson et al. 1995, pp. S65-S66).
    Despite extremely high mortality of iiwi from avian malaria in 
general, the aforementioned study as well as two other studies have 
demonstrated that a few individuals are capable of surviving the 
infection (Van Riper et al. 1986, p. 334; Atkinson et al. 1995, p. S63; 
Freed et al. 2005, p. 759). If a genetic correlation were identified, 
it is possible that surviving individuals could serve as a potential 
source for the evolution of genetic resistance to malaria, although 
evidence of this is scant to date. Eggert et al. (2008, p. 8) reported 
a slight but detectable level of genetic differentiation between iiwi 
populations located at mid and high elevation, potentially the first 
sign of selection acting on these populations in response to disease. 
Additionally, the infrequent but occasional sighting of iiwi on Oahu 
indicates a possible developed resistance or tolerance to avian 
malaria.
    Despite these observations, there is, as of yet, no indication that 
iiwi have developed significant resistance to malaria such that 
individuals can survive in areas where the disease is strongly 
prevalent, including all potential low-elevation forest habitat and 
most mid-elevation forest habitat (Foster et al. 2007, p. 4,743; Eggert 
et al. 2008, p. 2). In one study, for example, 4 years of mist-netting 
effort across extensive areas of Hawaii Island resulted in the capture 
of a substantial number of iiwi, yet no iiwi were captured in low-
elevation forests and only a few were captured in mid-elevation forests 
(Samuel et al. 2015, p. 11). In addition, the results of several 
studies indicate that iiwi have low genetic variability, and even 
genetic impediments to a possible evolved resistance to malaria in the 
future (Jarvi et al. 2001, p. 255; Jarvi et al. 2004, Table 4, p. 
2,164; Foster et al. 2007, p. 4,744; Samuel et al. 2015, pp. 12-13). 
For example, Eggert et al. (2008, p. 9) noted that gene variations that 
may confer resistance appear to be rare in iiwi. Three factors--the 
homogeneity of a portion of the iiwi genome, the high mortality rate of 
iiwi in response to avian malaria, and high levels of gene flow 
resulting from the wide-ranging nature of the species--suggest that 
iiwi would likely require a significant amount of time for development 
of genetic resistance to avian malaria, assuming the species retains a 
sufficiently large reservoir of genetic diversity for a response to 
natural selection. Genetic studies of iiwi have also noted a dichotomy 
between the lack of variation in mitochondrial DNA (Tarr and Fleischer 
1993, 1995; Fleischer et al. 1998; Foster et al. 2007, p. 4,743), and 
maintenance of variation in nuclear DNA (Jarvi et al. 2004, p. 2,166; 
Foster et al. 2007, p. 4,744); both attributes suggest that iiwi may 
have historically experienced a drastic reduction in population size 
that led to a genetic bottleneck. Studies have also found low diversity 
in the antigen-binding sites of the iiwi's major histocompatibility 
complex (that part of an organism's immune system that helps to 
recognize foreign or incompatible proteins (antigens) and trigger an 
immune response).
    The relationship between temperature and avian malaria is of 
extreme importance to the current persistence of iiwi and the viability 
of the species in the future. The development of the Plasmodium 
parasite that carries malaria responds positively to increased 
temperature, such that malaria transmission is greatest in warm, low-
elevation forests with an average temperature of 72[emsp14][deg]F (22 
[deg]C), and is largely absent in high-elevation forests above 4,921 ft 
(1,500 m) with cooler mean annual temperatures around 57[emsp14][deg]F 
(14 [deg]C) (Ahumada et al. 2004, p. 1,167; LaPointe et al. 2010, p. 
318; Liao et al. 2015, p. 4,343). High-elevation forests thus currently 
serve as disease-free habitat zones for Hawaiian forest birds, 
including iiwi. Once one of the most common birds in forests throughout 
the Hawaiian islands, iiwi are now rarely found at lower elevations, 
and are increasingly restricted to high-elevation mesic and wet forests 
where cooler temperatures limit both the development of the malarial 
parasite and mosquito densities (Scott et al.

[[Page 64419]]

1986, pp. 367-368; Ahumada et al. 2004, p. 1,167; LaPointe et al. 2010, 
p. 318; Samuel et al. 2011, p. 2,960; Liao et al. 2015, p. 4,346; 
Samuel et al. 2015, p. 14).
    Temperature also affects the life cycle of the malaria mosquito 
vector, Culex quinquefasciatus. Lower temperatures slow the development 
of larval stages and can affect the survival of adults (Ahumada et al. 
2005, pp. 1,165-1,168; LaPointe et al. 2012, p. 217). Although closely 
tied to altitude and a corresponding decrease in temperature, the 
actual range of mosquitoes varies with season. Generally, as 
temperature decreases with increasing elevation, mosquito abundance 
drops significantly at higher altitudes. In the Hawaiian Islands, the 
mosquito boundary occurs between 4,921 and 5,577 ft (1,500 and 1,700 m) 
(VanRiper et al. 1986, p. 338; LaPointe et al. 2012, p. 218). Areas 
above this elevation are at least seasonally relatively free of 
mosquitoes, thus malaria transmission is unlikely at these high 
elevations under current conditions.
    Early on, Ralph and Fancy (1995, p. 741) and Atkinson et al. (1995, 
p. S66) suggested that the seasonal movements of iiwi to lower 
elevation areas where ohia is flowering may result in increased contact 
with malaria-infected mosquitoes, which, combined with the iiwi's high 
susceptibility to the disease, may explain their observed low annual 
survivorship relative to other native Hawaiian birds. Compounding the 
issue, other bird species, which overlap with iiwi in habitat, 
including Apapane (Himatione sanguinea), are relatively resistant to 
the diseases and carry both Plasmodium and avian pox virus. As 
reservoirs, they carry these diseases upslope where mosquitoes are less 
abundant but still occur in numbers sufficient to facilitate and 
continue transmission to iiwi (Ralph and Fancy 1995, p. 741). 
Subsequent studies have confirmed the correlation between risk of 
malaria infection and iiwi altitudinal migrations, and suggest upper 
elevation forest reserves in Hawaii may not adequately protect mobile 
nectarivores such as iiwi. Kuntz (2008, p. 3) found iiwi populations at 
upper elevation study sites (6,300 ft (1,920 m)) declined during the 
non-breeding season when birds departed for lower elevations in search 
of flowering ohia, traveling up to 12 mi (19.4 km) over contiguous 
mosquito-infested wet forest. Guillamet et al. (2015, p. 192) used 
empirical measures of seasonal movement patterns in iiwi to model how 
movement across elevations increases the risk of disease exposure, even 
affecting breeding populations in disease-free areas. La Pointe et al. 
(unpublished data 2015) found that, based on malaria prevalence in all 
Hawaiian forest birds, species migrating between upper elevations to 
lower elevations increased their risk of exposure to avian malaria by 
as much as 27 times. The greater risk was shown to be due to a much 
higher abundance of mosquitoes at lower elevations, which in turn was 
attributable at least in part to the higher abundance of pigs and their 
activities in lower elevation forests (discussed further below).

Avian Pox

    Avian pox (or bird pox) is an infection caused by the virus 
Avipoxvirus, which produces large, granular, and eventually necrotic 
lesions or tumors on exposed skin or diphtheritic lesions on the mouth, 
trachea, and esophagus of infected birds. Avian pox can be transmitted 
through cuts or wounds upon physical contact or through the mouth parts 
of blood-sucking insects such as the mosquito Culex quinquefasciatus, 
the common vector for both the pox virus and avian malaria (LaPointe et 
al. 2012, p. 221). Tumors or lesions caused by avian pox can be 
crippling for birds, and may result in death. Although not extensively 
studied, existing data suggest that mortality from avian pox may range 
from 4 to 10 percent observed in Oahu Elepaio (Chasiempis ibidis) (for 
birds with active lesions (VanderWerf 2009, p. 743) to 100 percent in 
Laysan finches (Warner 1968, p. 108). VanderWerf (2009, p. 743) has 
also suggested that mortality levels from pox may correlate with higher 
rainfall years, and at least in the case of the Elepaio, observed 
mortality may decrease over time with a reduction in susceptible birds.
    As early as 1902 native birds suffering from avian pox were 
observed in the Hawaiian Islands, and Warner (1968, p. 106) described 
reports that epizootics of avian pox ``were so numerous and extreme 
that large numbers of diseased and badly debilitated birds could be 
observed in the field.'' As the initial wave of post-European 
extinctions of native Hawaiian birds was largely observed in the late 
1800s, prior to the introduction of avian malaria (Van Riper et al. 
1986, p. 342), it is possible that avian pox played a significant role, 
although there is no direct evidence (Warner 1968, p. 106). Molecular 
work has revealed two genetically distinct variants of the pox virus 
affecting forest birds in Hawaii that differ in virulence (Jarvi et al. 
2008, p. 347): One tends to produce fatal lesions, and the other 
appears to be less severe, based on the observation of recurring pox 
infections in birds with healed lesions (Atkinson et al. 2009, p. 56).
    The largest study of avian pox in scope and scale took place 
between 1977 and 1980, during which approximately 15,000 native and 
nonnative forest birds were captured and examined for pox virus lesions 
from 16 different locations on transects along Mauna Loa on Hawaii 
Island (Van Riper et al. 2002, pp. 929-942). The study made several 
important determinations, including that native forest birds were 
indeed more susceptible than introduced species, that all species were 
more likely to be infected during the wet season, and that pox 
prevalence was greatest at mid-elevation sites approximately 3,937 ft 
(1,200 m) in elevation, coinciding with the greatest overlap between 
birds and the mosquito vector. Of the 107 iiwi captured and examined 
during the study, 17 percent showed signs of either active or inactive 
pox lesions (Van Riper et al. 2002, p. 932). Many studies of avian pox 
have documented that native birds are frequently infected with both 
avian pox and avian malaria (Van Riper et al. 1986, p. 331; Atkinson et 
al. 2005, p. 537; Jarvi et al. 2008, p. 347). This may be due to 
mosquito transmission of both pathogens simultaneously, because 
documented immune system suppression by the pox virus renders 
chronically infected birds more vulnerable to infection by, or a 
relapse of, malaria (Jarvi et al. 2008, p. 347), or due to other 
unknown factors. The relative frequency with which the two diseases co-
occur makes it challenging to disentangle the independent impact of 
either stressor acting alone (LaPointe et al. 2012, p. 221), and we 
lack any indication of the degree to which pox may be a specific threat 
to iiwi or contributing to its decline.

Compounded Impacts--Feral Ungulates Create Habitat for Culex 
quinquefasciatus Mosquitoes and Exacerbate Impacts of Disease

    It has been widely established that damage to native tree ferns 
(Cibotium spp.) and rooting and wallowing activity by feral pigs create 
mosquito larval breeding sites in Hawaiian forests where they would not 
otherwise occur. The porous geology and relative absence of puddles, 
ponds, and slow-moving streams in most Hawaiian landscapes precludes an 
abundance of water-holding habitat sites for mosquito larvae; however, 
Culex quinquefasciatus mosquitoes, the sole vector for avian malaria in 
Hawaii, now occur in great density in many wet forests where their 
larvae primarily rely on habitats created by pig activity (LaPointe 
2006, pp. 1-3;

[[Page 64420]]

Ahumada et al. 2009, p. 354; Atkinson and LaPointe 2009, p. 60; Samuel 
et al. 2011, p. 2,971). Pigs compact volcanic soils and create wallows 
and water containers within downed, hollowed-out tree ferns, knocked 
over and consumed for their starchy pith (Scott et al. 1986, pp. 365-
368; Atkinson et al. 1995, p. S68). The abundance of C. 
quinquefasciatus mosquitoes is also much greater in suburban and 
agricultural areas than in undisturbed native forest, and the mosquito 
is capable of dispersing up to 1 mile (1.6 kilometers) within closed-
canopy native forest, including habitat occupied by the iiwi (LaPointe 
2006, p. 3; LaPointe et al. 2009, p. 409).
    In studies of native forest plots where feral ungulates (including 
pigs) were removed by trapping and other methods, researchers have 
demonstrated a correlation in the abundance of Culex spp. mosquitoes 
when comparing pig-free, fenced areas to adjacent sites where feral pig 
activity is unmanaged. Aruch et al. 2007 (p. 574), LaPointe 2006 (pp. 
1-3) and LaPointe et al. (2009, p. 409; 2012, pp. 215, 219) assert that 
management of feral pigs may be strategic to managing avian malaria and 
pox, particularly in remote Hawaiian rain forests where studies have 
documented that habitats created by pigs are the most abundant and 
productive habitat for larval mosquitoes. Studies suggest that 
reduction in mosquito habitat must involve pig management across large 
landscapes due to the tremendous dispersal ability of C. 
quinquefasciatus and the possibility of the species invading from 
adjacent areas lacking management (LaPointe 2006, pp. 3-4). The 
consequences of feral pig activities thus further exacerbate the 
impacts to iiwi from avian malaria and avian pox, by creating and 
enhancing larval habitats for the mosquito vector, thereby increasing 
exposure to these diseases.

Avian Diseases--Summary

    The relatively recent introduction of avian pox and avian malaria, 
in concert with the introduction of the mosquito disease vector, is 
widely viewed as one of the key factors underlying the loss and decline 
of native forest birds throughout the Hawaiian Islands. Evolving in the 
absence of mosquitoes and their vectored pathogens, native Hawaiian 
forest birds, particularly honeycreepers such as iiwi, lack natural 
immunity or genetic resistance, and thus are more susceptible to these 
diseases than are nonnative bird species (van Riper et al. 1986, pp. 
327-328; Yorinks and Atkinson 2000, p. 737). Researchers consider iiwi 
one of the most vulnerable species, with studies showing an average of 
95 percent mortality in response to infection with avian malaria 
(Atkinson et al. 1995, p. S63; Samuel et al. 2015, p. 2). Many native 
forest birds, including iiwi, are now absent from warm, low-elevation 
areas that support large populations of disease-carrying mosquitoes, 
and these birds persist only in relatively disease-free zones in high-
elevation forests, above roughly 4,921 to 5,577 ft (1,500 to 1,700 m), 
where both the development of the malarial parasite and the density of 
mosquito populations are held in check by cooler temperatures (Scott et 
al. 1986, pp. 85, 100, 365-368; Woodworth et al. 2009, p. 1,531; Liao 
et al. 2015, pp. 4,342-4,343; Samuel et al. 2015, pp. 11-12). Even at 
these elevations, however, disease transmission may occur when iiwi 
move downslope to forage on ephemeral patches of flowering ohia in the 
nonbreeding season, encountering disease-carrying mosquitoes in the 
process (Ralph and Fancy 1995, p. 741; Fancy and Ralph 1998, p. 3; 
Guillaumet et al. 2015, p. EV-8; LaPointe et al. 2015, p. 1). Iiwi have 
not demonstrably developed resistance to avian malaria, unlike related 
honeycreepers including Amakihi (Hemignathus spp.) and Apapane. Due to 
the known extreme mortality rate of iiwi when exposed to avian malaria, 
we consider avian malaria in particular to pose a threat to iiwi. 
Having already experienced local extinctions and widespread population 
declines, it is possible that the species may not possess sufficient 
genetic diversity to adapt to these diseases (Atkinson et al. 2009, p. 
58).

Climate Change

    Based on the assessment of the best scientific data available in 
our species status report, we concluded that climate change exacerbates 
the impacts to iiwi from mosquito-borne disease, and this effect is 
likely to continue and worsen in the future. Air temperature in Hawaii 
has increased in the past century and particularly since the 1970s, 
with the greatest increases at higher elevations, and several 
conservative climate change models project continued warming in Hawaii 
into the future. As a result, the temperature barrier to the 
development and transmission of avian malaria will continue to move up 
in elevation in response to warmer conditions, leading to the 
curtailment or loss of disease-free habitats for iiwi. We briefly 
discuss below three climate studies that conservatively predict the 
iiwi will lose between 60 and 90 percent of its current (and already 
limited) disease-free range by the end of this century, with 
significant effects occurring by mid-century.

Climate Change Effects on Iiwi

    Climate change is a stressor that is likely to significantly 
exacerbate the effects of avian malaria on iiwi both directly through 
increased prevalence and mortality, and indirectly through the loss of 
disease-free habitat. Air temperature in Hawaii has increased in the 
past century and particularly since the 1970s, with greater increases 
at high elevation (Giambelluca et al. 2008, pp. 2-4; Wang et al. 2014, 
pp. 95, 97). Documented impacts of increased temperature include the 
prevalence of avian malaria in forest birds at increasing elevation, 
including high-elevation sites where iiwi are already declining, for 
example, on Kauai (Paxton et al. 2013, p. 13). Several projections for 
future climate in Hawaii describe a continued warming trend, especially 
at high elevations. In our species status report, we analyzed in 
particular three climate studies (summarized below) that address the 
future of native forest birds, including iiwi, in the face of the 
interactions between climate change and avian malaria.
    Benning et al. (2002) concluded that under optimistic assumptions 
(i.e., 3.6 [deg]F (2 [deg]C) increase in temperature by the year 2100), 
malaria-susceptible Hawaiian forest birds, including iiwi, will lose 
most of their disease-free habitat in the three sites they considered 
in their projection of climate change impacts. For example, current 
disease-free habitat at high elevation within the Hakalau Forest 
National Wildlife Refuge (NWR) on the island of Hawaii (where the 
environment is still too cold for development of the malarial parasite) 
would be reduced by 96 percent by the end of the century.
    Fortini et al. (2015) conducted a vulnerability assessment for 20 
species of Hawaiian forest birds based on a projected increase of 6.1 
[deg]F (3.4 [deg]C) under the A1B emissions scenario at higher 
elevations by 2100. Even under this relatively optimistic scenario, in 
which emissions decline after mid-century (IPCC 2007, p. 44), all 
species were projected to suffer range loss as the result of increased 
transmission of avian malaria at higher elevations with increasing 
temperature. Iiwi was predicted to lose 60 percent of its current range 
by the year 2100, and climate conditions suitable for the species will 
shift up in elevation, including into areas that are not currently 
forested, such as lava flows and high-elevation grasslands. Most of the 
remaining habitat for iiwi would be

[[Page 64421]]

restricted to a single island, Hawaii Island.
    Liao et al. (2015) generated temperature and precipitation 
projections under three alternative emissions scenarios and projected 
future malaria risk for Hawaiian forest birds. Irrespective of the 
scenario modeled, by mid-century (roughly 2040), malaria transmission 
rates and impacts to bird populations began increasing at high 
elevations. By 2100, the increased annual malaria transmission rate for 
iiwi was projected to result in population declines of 70 to 90 percent 
for the species, depending on the emissions scenario.
    All three of these studies consistently predict a significant loss 
of disease-free habitat for iiwi with consequent severe reductions in 
population size and distribution by the year 2100, with significant 
changes likely to be observed as early as 2040. As the iiwi's numbers 
and distribution continue to decline, the remaining small, isolated 
populations become increasingly vulnerable to loss of ohia forest 
habitat from other stressors such as rapid ohia death, as well as other 
environmental catastrophes and demographic stochasticity, particularly 
should all remaining iiwi become restricted to a single island (Hawaii 
Island), as some scenarios suggest.
    Climate change will likely exacerbate other stressors to iiwi in 
addition to disease. Changes in the amount and distribution of rainfall 
in Hawaii likely will affect the quality and extent of mesic and wet 
forests on which iiwi depend. However, changes in the trade wind 
inversion (which strongly influences rainfall) and other aspects of 
precipitation with climate change are difficult to model with 
confidence (Chu and Chen 2005, pp. 4,801-4,802; Cao et al. 2007, pp. 
1,158-1,159; Timm et al. 2015, p. 107; Fortini et al. 2015, p. 5; Liao 
et al. 2015, p. 4,345). In addition, potential increases in storm 
frequency and intensity in Hawaii as a result of climate change may 
lead to an increase in direct mortality of individual iiwi and a 
decline in the species' reproductive success. Currently, no well-
developed projections exist for these possible cumulative effects.

Climate Change--Summary

    The natural susceptibility of native forest birds to introduced 
diseases, in combination with the observed restriction of Hawaiian 
honeycreepers to high-elevation forests, led Atkinson et al. (1995, p. 
S68) to predict two decades ago that a shift in the current mosquito 
distribution to higher elevations could be ``disastrous for those 
species with already reduced populations.'' Thus, climate change has 
significant implications for the future of Hawaiian forest birds, as 
predictions suggest increased temperatures may largely eliminate the 
high-elevation forest currently inhospitable to the transmission of 
mosquito-borne diseases (Benning et al. 2002, pp. 14,247-14,249; 
LaPointe et al. 2012, p. 219; Fortini et al. 2015, p. 9). Samuel et al. 
(2015, p. 15) predict further reductions and extinctions of native 
Hawaiian birds as a consequence, noting that the iiwi is particularly 
vulnerable due to its high susceptibility to malaria. Several 
independent studies project consistently significant negative impacts 
to the iiwi as a result of climate change and the increased exposure to 
avian malaria as disease-free habitats shrink. As iiwi are known to 
exhibit 95 percent mortality on average as a result of avian malaria, 
the current numbers of iiwi are of little consequence should all or 
most of the remaining individuals become exposed to the disease in the 
future.

Rapid Ohia Death

    Our species status report identified rapid ohia death (ROD), a type 
of Ceratosystis spp. vascular wilt (fungal) disease, as a factor with 
the potential to exacerbate the impacts currently affecting iiwi 
habitat and reduce the amount of disease-free habitat remaining by 
destroying high-elevation ohia forest. ROD was first detected in 2012 
as ohia trees began mysteriously dying within lowland forests of the 
Puna Region of Hawaii Island. In June 2015, researchers identified the 
disease as ROD with an estimated area at the time of 15,000 ac (6,070 
ha) of infected ohia trees (Keith et al. 2015, pp. 1-2). ROD affects 
non-contiguous ohia forest stands ranging in size from <1 ac (<0.4 ha) 
up to 247 ac (100 ha) with nearly all trees in these areas infected. At 
present the disease remains restricted to Hawaii island, with the 
largest affected area within the Puna District, where infected trees 
have been observed within approximately 4,000 discontinuous acres 
(1,619 ha) (Hughes 2016, pers. comm.). Based upon the most recent 
research, ROD-infected stands of ohia often initially show greater than 
50 percent mortality, and within 2 to 3 years nearly 100 percent of 
trees in a stand succumb to the disease (College of Tropical 
Agriculture and Human Resources 2016 (http://www2.ctahr.hawaii.edu/forestry/disease/ohia_wilt.html)).
    Affected trees are found at elevations ranging from sea level up to 
approximately 5,000 ft (1,524 m), including at Wailuku Forest near 
Hakalau Forest NWR (Hughes 2016, pers. comm.), which contains a stable 
to increasing iiwi population (Paxton et al. 2013, p. 12). As of March 
2016, the amount of forest area affected on Hawaii Island is estimated 
to be approximately 34,000 ac (13,759 ha) (Hughes 2016, pers. comm.). 
Two different strains of the virus appear to be responsible for ROD 
(Hughes 2016, pers. comm.). These estimates demonstrate that the amount 
of ohia forest on Hawaii Island infected by ROD more than doubled 
between 2015 and 2016. While ROD is presently reported only from the 
island of Hawaii, it has spread across a large portion of the island, 
which is home to 90 percent of the current iiwi population. In some 
areas, affected trees have been observed within the range of iiwi 
(Hughes 2016, pers. comm.). Hawaii Island is particularly important for 
the future of iiwi, as iiwi are predicted to be largely if not entirely 
restricted to that island under some future climate change projections 
(Fortini et al. 2015, p. 9, Supplement 6).

Evaluation of Existing Regulatory Mechanisms and Conservation Measures

    Our species status report evaluated several regulatory and other 
measures in place today that might address or are otherwise intended to 
ameliorate the stressors to iiwi. Our analysis concluded that forest 
habitat protection, conservation, and restoration has the potential to 
benefit iiwi by protecting and enhancing breeding and foraging areas 
for the species while simultaneously reducing the abundance of mosquito 
breeding sites, despite the disease vector's (Culex quinquefasciatus) 
1-mi (1.6-km) dispersal ability (LaPointe et al. 2009, pp. 408; 411-
412; LaPointe et al. 2012, p. 215).
    Efforts to restore and manage large, contiguous tracts of native 
forests have been shown to benefit iiwi, especially when combined with 
fencing and ungulate removal (LaPointe et al. 2009, p. 412; LaPointe et 
al. 2012, p. 219). While forest restoration and ungulate management at 
the Hakalau Forest NWR on Hawaii Island are excellent examples of what 
is needed to increase iiwi abundance, many similar large-scale projects 
would be necessary rangewide to simply reduce mosquito abundance and 
protect the species from current habitat threats alone. However, even 
wide-scale landscape habitat management would be unable to fully 
address the present scope of the threat of disease, and sufficient 
high-elevation forest is not available to provide disease-free habitat 
for iiwi in the face

[[Page 64422]]

of future climate change. Even if disease-free habitat within managed 
areas could be restored and protected now, much of this habitat will 
lose its disease-free status as avian malaria moves upward in elevation 
in response to warming temperatures, as is occurring already within the 
Alakai Wilderness on the island of Kauai.
    New opportunities are emerging, such as large-scale vector control 
using new genetics technology, that have the potential to assist 
Hawaiian forest birds (LaPointe et al. 2009, pp. 416-417; Reeves et al. 
2014, p. e97557; Gantz et al. 2015, pp. E6736-E6743). These tools 
include the potential introduction of sterile male mosquitoes and 
transgenic insect techniques that introduce new genetic material into 
mosquito populations, including self-sustaining genes that will help 
drive an increase of the new desirable trait, i.e., inability or 
decreased ability to transmit diseases throughout a mosquito 
population, thereby improving long-term transmission control. While 
promising, our report concludes that these new technologies for 
achieving large-scale control or eradication of mosquitoes in Hawaii 
are still in the research and planning stage and have yet to be 
implemented or proven effective.
    Our species status report also evaluated several regulations and 
agreements pertaining to climate change. Although the United States and 
some other countries have passed some regulations specifically intended 
to reduce the emission of greenhouse gases that contribute to climate 
change, the scope and effect of such regulations are limited. Indeed, 
during the United Nations Framework Convention on Climate Change 
(UNFCCC) meeting in December 2015, the UNFCCC indicated that, even if 
all the member countries' intended contributions to greenhouse gas 
reductions were fully implemented and targets met, the goal of limiting 
the increase in global average temperature to 2 [deg]C 
(3.6[emsp14][deg]F) by the year 2100 would not be achieved.
    Many of the efforts to tackle the primary stressors to iiwi are 
still in the research and development stage, or are implemented only on 
a small or limited scale. Because the primary stressor, avian malaria, 
continues to have negative impacts, and these impacts are exacerbated 
by climate change, we must conclude that no current conservation 
measures or regulations are sufficient to offset these impacts to the 
species.

Summary of Biological Status and Threats

    We have reviewed the best scientific and commercial data available 
regarding iiwi populations and the stressors that affect the species. 
This information includes, notably, a recent comprehensive analysis of 
iiwi abundance, distribution, and population trends (Paxton et al. 
2013); numerous studies that provide information on the particularly 
high mortality of iiwi in response to avian malaria; and recent models 
examining the current relationship between climate and malaria, as well 
as the likely future consequences of climate change for iiwi and other 
Hawaiian forest birds (including Benning et al. 2002, Fortini et al. 
2013, and Liao et al. 2015). Our review also reflects the expert 
opinion of the species' status report team members, and input provided 
by specialists familiar with avian malaria and iiwi genetics. We direct 
the reader to the draft iiwi species status report for our detailed 
evaluation of the biological status of the iiwi and the influences that 
may affect its continued existence.
    Once one of the most common of the native Hawaiian forest birds, 
the iiwi has declined across large portions of its range, has been 
extirpated or nearly so from some islands, and many of the few 
remaining populations are declining. The iiwi's range is contracting 
upslope in most areas, and population declines and range contraction 
are concurrent with increasing prevalence of avian malaria. Clear 
evidence exists that the iiwi is highly susceptible to avian malaria, 
and that the prevalence of this disease is moving upslope in Hawaiian 
forests correlated with temperature increases associated with global 
climate change. The evidence suggests this disease and its trend of 
increasing prevalence at increasing elevation are the chief drivers of 
observed iiwi population declines and range contraction. Although 
habitat management to reduce breeding habitat for mosquitoes may have 
slowed the decline of iiwi and other forest birds to some degree in a 
few locations, no landscape-scale plans or strategies exist for 
eradicating mosquitoes or otherwise reducing the risk posed by avian 
malaria to iiwi and other susceptible Hawaiian bird species.
    The documented trend of temperature increase, which is greatest at 
high elevation, is projected to continue at least through the 21st 
century. The transmission of avian malaria is currently limited or 
absent at higher elevations, where temperatures are too cool for the 
development of the malaria parasite. However, multiple independent 
modeling efforts consistently project that the prevalence of avian 
malaria will continue to increase upslope with increasing temperature, 
eventually eliminating most or all remaining disease-free habitat in 
the islands. These models, which incorporate data on the distribution 
of forest birds and on disease transmission, project moderate to high 
avian malaria transmission at the highest elevations of the iiwi's 
current range by the end of this century, with some significant effects 
predicted within the next few decades. As a consequence, significant 
declines in iiwi populations are projected, on the order of 70 to 90 
percent by 2100, depending on the future climate scenario.
    The impacts of other stressors to iiwi, such as loss or degradation 
of native forest by nonnative species (disturbance or destruction by 
feral ungulates; invasion by nonnative plants; impacts from nonnative 
pathogens such as ROD), predation by rats and other nonnative 
predators, and small-population stressors such as demographic 
stochasticity and loss of genetic diversity, have not been well 
documented or quantified. However, any stressors that result in further 
degradation or fragmentation of the forests on which the iiwi relies 
for foraging and nesting, or result in increased mortality or reduced 
reproductive success, are likely to exacerbate the impacts of disease 
on the species. The effects of climate change are likely to exacerbate 
these other stressors to iiwi as well.
    As the number and distribution of iiwi continue to decline, the 
remaining small, isolated populations become increasingly vulnerable to 
environmental catastrophes and demographic stochasticity; this will 
particularly be the case should all remaining iiwi become restricted to 
Hawaii Island, as some modeling scenarios suggest. Ninety percent of 
the rangewide iiwi population is already restricted to Hawaii Island, 
where ROD has recently emerged as a fast-moving threat to the already 
limited ohia forest habitat required by iiwi.
    In consideration of all of this information, we conclude that avian 
malaria, as exacerbated by the ongoing effects of climate change, poses 
a threat to iiwi, and the action of these stressors places the species 
as a whole at an elevated risk of extinction. Because the vast majority 
of the remaining iiwi population is restricted to the island of Hawaii, 
we consider rapid ohia death to pose a threat to the future viability 
of iiwi as well, as it may result in major loss of forest within the 
iiwi's remaining range on that island.

[[Page 64423]]

Determination

    Section 4 of the Act (16 U.S.C. 1533), and its implementing 
regulations in title 50 of the Code of Federal Regulations at 50 CFR 
part 424, set forth the procedures for adding species to the Federal 
Lists of Endangered and Threatened Wildlife and Plants. Under section 
4(a)(1) of the Act, we may list a species based on (A) The present or 
threatened destruction, modification, or curtailment of its habitat or 
range; (B) Overutilization for commercial, recreational, scientific, or 
educational purposes; (C) Disease or predation; (D) The inadequacy of 
existing regulatory mechanisms; or (E) Other natural or manmade factors 
affecting its continued existence. Listing actions may be warranted 
based on any of the above threat factors, singly or in combination.
    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
to the iiwi. As described in the species status report, in considering 
the five listing factors, we evaluated many potential stressors to 
iiwi, including but not limited to: Stressors that may affect the 
extent or quality of the bird's ohia forest habitat (ohia dieback, ohia 
rust, ROD, drought, fires, volcanic eruptions, nonnative plants, and 
feral ungulates), introduced diseases, predation by introduced mammals, 
competition with nonnative birds, ectoparasites, climate change, and 
the effects of small population size. Based on our assessment, 
disease--particularly avian malaria--is the primary driver in the 
ongoing declines in abundance and range of iiwi, and climate change 
substantially exacerbates the impact of disease on the species and will 
continue to do so into the future.
    The greatest current threat to iiwi comes from exposure to 
introduced diseases carried by nonnative mosquitoes (Factor C). Avian 
malaria in particular has been clearly demonstrated to result in 
extremely high mortality of iiwi; avian pox may have significant 
effects on iiwi as well, although the evidence is not as clear or 
measurable. These diseases have resulted in significant losses of the 
once ubiquitous iiwi, which remains highly susceptible and, as of 
present, shows no clear indication of having developed substantial 
resistance or tolerance. Exposure to these diseases is ongoing, and is 
expected to increase as a consequence of the effects of climate change 
(Factor E).
    Several climate model projections predict that continued increases 
in temperature due to climate change will greatly exacerbate the 
impacts of avian diseases upon iiwi due to loss of disease-free 
habitat. Several iiwi populations, including those on Molokai, Kauai, 
West Maui, and possibly Oahu--all lower in elevation than East Maui and 
Hawaii Island--are already extremely small in size or are represented 
by only a few occasional individuals, probably owing to the loss of 
disease-free habitat. Iiwi may face extirpation in these places due to 
the inability to overcome the effects of malaria. The species is 
expected to first become restricted to Hawaii Island, perhaps by the 
year 2040. By the end of the century, the existence of iiwi is 
uncertain due to the ongoing loss of disease-free habitat; the 
potential impacts to ohia forests from ROD and other stressors could 
increase the risk to iiwi as well. These threats to iiwi are ongoing, 
most are rangewide, are expected to increase in the future, and are 
significant because they will likely result in increased mortality of 
iiwi and loss of remaining populations, as well as further decreases in 
the availability and amount of disease-free habitat at high elevation. 
As discussed above, current regulatory mechanisms are not sufficient to 
address these threats (Factor D).
    Some of the other stressors contributed to past declines in iiwi, 
or negatively affect the species or its habitat today; however, of the 
additional stressors considered, we found no information to suggest 
that any is currently a key factor in the ongoing declines in abundance 
and range of iiwi, although they may be contributing or exacerbating 
factors. Habitat loss and alteration (Factor A) caused by nonnative 
plants and ungulates is occurring rangewide, has resulted in degraded 
ohia forest habitat, and is not likely to be reduced in the future. 
While ohia forests still comprise the majority of native forest cover 
on most of the main Hawaiian Islands, climate change and its likely 
effects, such as increased drought frequency, are expected to further 
affect ohia forest habitat and compound other impacts, including the 
spread of invasive plants and perhaps the severity and frequency of 
ohia diseases. In particular, the rapidly spreading and highly lethal 
disease, rapid ohia death, poses an increasing risk to the native 
forest habitat of iiwi on Hawaii Island, where 90 percent of remaining 
iiwi occur. This emerging factor has the potential to exacerbate avian 
disease and other stressors in the future by accelerating the loss and 
degradation of iiwi's habitat. If this disease becomes widespread, it 
could further increase the vulnerability of the iiwi by eliminating the 
native forest it requires for foraging and nesting.
    We do not have any information that overutilization for commercial, 
recreational, scientific, or educational purposes (Factor B) poses a 
threat to iiwi.
    The Act defines an endangered species as any species that is ``in 
danger of extinction throughout all or a significant portion of its 
range'' and a threatened species as any species ``that is likely to 
become endangered throughout all or a significant portion of its range 
within the foreseeable future.'' We considered whether the iiwi meets 
either of these definitions, and find that the iiwi meets the 
definition of a threatened species for the reasons described below.
    We considered whether the iiwi is presently in danger of extinction 
and determined that proposing endangered status is not appropriate. 
Although the species has experienced significant reductions in both 
abundance and range, at the present time the species is still found on 
multiple islands and the species as a whole still occurs in relatively 
high numbers. Additionally, disease-free habitat currently remains 
available for iiwi in high-elevation ohia forests with temperatures 
sufficiently cool to prevent the development of the malarial parasite. 
For these reasons, we do not consider the iiwi to be in imminent danger 
of extinction, although this formerly common species has experienced 
threats of such severity and magnitude that it has now become highly 
vulnerable to continued decline and local extirpation, such that the 
species is likely to become endangered within the foreseeable future, 
as explained below.
    Based on our review of the best scientific and commercial data 
available, we expect that additional iiwi population declines will be 
observed range-wide within the next few decades, and indications are 
that declines are already taking place on Kauai and in some Maui and 
Hawaii Island populations as a result of increasing temperatures and 
consequent exposure to avian malaria at some elevations where the 
disease is uncommon or absent today. Iiwi has a very high observed 
mortality rate when exposed to avian malaria, and the warming effects 
of climate change will result in increased exposure of the remaining 
iiwi populations to this disease, especially at high elevation. Peer-
reviewed results of modeling experiments project that malaria 
transmission rates and effects on iiwi populations will begin 
increasing at high elevations by mid-century, and

[[Page 64424]]

result in population declines of 70 to 90 percent by the year 2100. We 
thus conclude that the iiwi is likely to become in danger of extinction 
throughout all of its range within the foreseeable future. Because the 
iiwi is not in imminent danger of extinction, but is likely to become 
in danger of extinction within the foreseeable future, it meets the 
definition of a threatened species. Therefore, on the basis of the best 
available scientific and commercial information, we propose listing the 
iiwi as threatened in accordance with sections 3(20) and 4(a)(1) of the 
Act.
    Under the Act and our implementing regulations, a species may 
warrant listing if it is endangered or threatened throughout all or a 
significant portion of its range. Because we have determined that the 
iiwi is threatened throughout all of its range, no portion of its range 
can be ``significant'' for purposes of the definitions of ``endangered 
species'' and ``threatened species.'' See the Final Policy on 
Interpretation of the Phrase ``Significant Portion of Its Range'' in 
the Endangered Species Act's Definitions of ``Endangered Species'' and 
``Threatened Species'' (79 FR 37577; July 1, 2014).

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened species under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition from listing will result in public awareness and 
conservation by Federal, State, Tribal, and local agencies, private 
organizations, and individuals. The Act encourages cooperation with the 
States and other countries and calls for recovery actions to be carried 
out for listed species. The protection required by Federal agencies and 
the prohibitions against certain activities are discussed, in part, 
below.
    The primary purpose of the Act is the conservation of endangered 
and threatened species and the ecosystems upon which they depend. The 
ultimate goal of such conservation efforts is the recovery of these 
listed species, so that they no longer need the protective measures of 
the Act. Subsection 4(f) of the Act calls for the Service to develop 
and implement recovery plans for the conservation of endangered and 
threatened species. The recovery planning process involves the 
identification of actions that are necessary to halt or reverse the 
species' decline by addressing the threats to its survival and 
recovery. The goal of this process is to restore listed species to a 
point where they are secure, self-sustaining, and functioning 
components of their ecosystems.
    Recovery planning includes the development of a recovery outline 
shortly after a species is listed and preparation of a draft and final 
recovery plan. The recovery outline guides the immediate implementation 
of urgent recovery actions and describes the process to be used to 
develop a recovery plan. Revisions of the plan may be done to address 
continuing or new threats to the species, as new substantive 
information becomes available. The recovery plan also identifies 
recovery criteria for review of when a species may be ready for 
downlisting or delisting, and methods for monitoring recovery progress. 
Recovery plans also establish a framework for agencies to coordinate 
their recovery efforts and provide estimates of the cost of 
implementing recovery tasks. Recovery teams (composed of species 
experts, Federal and State agencies, nongovernmental organizations, and 
other qualified persons) are often established to develop recovery 
plans. When completed, the recovery outline, draft recovery plan, and 
the final recovery plan for iiwi will be available on our Web site 
(http://www.fws.gov/endangered), or from our Pacific Islands Fish and 
Wildlife Office (see FOR FURTHER INFORMATION CONTACT). The public will 
have an opportunity to comment on the draft recovery plan, and the 
Service will consider all information presented during the public 
comment period prior to approval of the plan.
    Implementation of recovery actions generally requires the 
participation of a broad range of partners, including other Federal 
agencies, States, Tribes, nongovernmental organizations, businesses, 
and private landowners. Examples of recovery actions include habitat 
restoration (e.g., restoration of native vegetation), research, captive 
propagation and reintroduction, and outreach and education. The 
recovery of many listed species cannot be accomplished solely on 
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires 
cooperative conservation efforts on private, State, and Tribal lands. 
If this species is listed, funding for recovery actions will be 
available from a variety of sources, including Federal budgets, State 
programs, and cost-share grants for non-Federal landowners, the 
academic community, and nongovernmental organizations. In addition, 
pursuant to section 6 of the Act, the State of Hawaii would be eligible 
for Federal funds to implement management actions that promote the 
protection or recovery of the iiwi. Information on our grant programs 
that are available to aid species recovery can be found at: http://www.fws.gov/grants.
    Although the iiwi is only proposed for listing under the Act at 
this time, please let us know if you are interested in participating in 
recovery efforts for this species. Additionally, we invite you to 
submit any new information on this species whenever it becomes 
available and any information you may have for recovery planning 
purposes (see FOR FURTHER INFORMATION CONTACT).
    Section 7(a) of the Act requires Federal agencies to evaluate their 
actions with respect to any species that is proposed or listed as an 
endangered or threatened species and with respect to its critical 
habitat, if any is designated. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(4) of the Act 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) of the Act requires 
Federal agencies to ensure that activities they authorize, fund, or 
carry out are not likely to jeopardize the continued existence of the 
species or 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 consultation with the 
Service.
    Federal agency actions within the iiwi's habitat that may require a 
conference or consultation or both as described in the preceding 
paragraph, include but are not limited to, management and any other 
landscape-altering activities on Federal lands administered by the U.S. 
Fish and Wildlife Service, U.S. Forest Service, and National Park 
Service; actions within the jurisdiction of the Natural Resources 
Conservation Service, the U.S. Army Corps of Engineers, the U.S. Fish 
and Wildlife Service, and branches of the Department of Defense (DOD); 
and activities funded or authorized under the Federal Highway 
Administration, Partners for Fish and Wildlife Program, and DOD 
construction activities related to training or other military missions.
    Under section 4(d) of the Act, the Service has discretion to issue 
regulations that we find necessary and advisable to provide for the 
conservation of threatened species. We are not proposing to issue a 
special rule

[[Page 64425]]

pursuant to section 4(d) for this species. Therefore, the provisions of 
50 CFR 17.31(a) and (b) would apply. These regulatory provisions apply 
the prohibitions of section 9(a)(1) of the Act to threatened wildlife 
and make it illegal for any person subject to the jurisdiction of the 
United States to take (which includes harass, harm, pursue, hunt, 
shoot, wound, kill, trap, capture, or collect; or to attempt any of 
these) threatened wildlife within the United States or on the high 
seas. In addition, it is unlawful to import; export; deliver, receive, 
carry, transport, or ship in interstate or foreign commerce in the 
course of 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 employees of the 
Service, the National Marine Fisheries Service, other Federal land 
management agencies, and State conservation agencies.
    We may issue permits to carry out otherwise prohibited activities 
involving threatened wildlife under certain circumstances. Regulations 
governing permits are codified at 50 CFR 17.32. With regard to 
threatened wildlife, a permit may be issued for the following purposes: 
For scientific purposes, to enhance the propagation or survival of the 
species, or for incidental take in connection with otherwise lawful 
activities. There are also certain statutory exemptions from the 
prohibitions, which are found in sections 9 and 10 of the Act.
    It is our policy, as 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 this 
policy is to increase public awareness of the effect of a proposed 
listing on proposed and ongoing activities within the range of the 
species proposed for listing. Based on the best available information, 
actions that may result in a violation of section 9 include but are not 
limited to:
    (1) Development of land or the conversion of native ohia forest, 
including the construction of any infrastructure (e.g., roads, bridges, 
railroads, pipelines, utilities) in occupied iiwi habitat;
    (2) Unauthorized collecting, handling, possessing, selling, 
delivering, carrying, or transporting of the species, including import 
or export across State lines and international boundaries, except for 
properly documented antique specimens of this species at least 100 
years old, as defined by section 10(h)(1) of the Act;
    (3) Introduction of nonnative species that compete with or prey 
upon the iiwi, such as the new introduction of nonnative predators or 
competing birds to the State of Hawaii; and
    (4) Certain research activities: Collection and handling of iiwi 
for research that may result in displacement or death of individuals.
    Questions regarding whether specific activities would constitute a 
violation of section 9 of the Act should be directed to the Pacific 
Islands Fish and Wildlife Office, Ecological Services Field Office (see 
FOR FURTHER INFORMATION CONTACT).

Required Determinations

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and
    (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES. To better help us 
revise the rule, your comments should be as specific as possible. For 
example, you should tell us the numbers of the sections or paragraphs 
that are unclearly written, which sections or sentences are too long, 
the sections where you feel lists or tables would be useful, etc.

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), need not be 
prepared in connection with listing a species as an endangered or 
threatened species under the Endangered Species Act. We published a 
notice outlining our reasons for this determination in the Federal 
Register on October 25, 1983 (48 FR 49244).

References Cited

    A complete list of references cited in this rulemaking is available 
on the Internet at http://www.regulations.gov at Docket No. FWS-R1-ES-
2016-0057 and upon request from the Pacific Islands Fish and Wildlife 
Office (see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this proposed rule are the staff members of 
the Pacific Islands Fish and Wildlife Office.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority:  16 U.S.C. 1361-1407; 1531-1544; 4201-4245; unless 
otherwise noted.

0
2. In Sec.  17.11(h), add an entry for ``Iiwi (honeycreeper)'' to the 
List of Endangered and Threatened Wildlife in alphabetical order under 
BIRDS to read as set forth below:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                              Listing citations
           Common name               Scientific name        Where listed         Status         and applicable
                                                                                                    rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Birds
 

[[Page 64426]]

 
                                                  * * * * * * *
Iiwi (honeycreeper)..............  Drepanis coccinea..  Wherever found.....  T               [Federal Register
                                                                                              citation when
                                                                                              published as a
                                                                                              final rule].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


    Dated: September 2, 2016.
 Bryan Arroyo,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-22592 Filed 9-19-16; 8:45 am]
 BILLING CODE 4333-15-P



                                                  64414               Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules

                                                    Issued in Washington, DC, September 8,                Rules link to locate this document. You               the ongoing and projected effects of
                                                  2016 under authority delegated in 49 CFR                may submit a comment by clicking on                   climate change and will require a
                                                  1.95.                                                   ‘‘Comment Now!’’                                      thorough assessment. We require
                                                  Raymond R. Posten,                                         (2) By hard copy: Submit by U.S. mail              additional time to analyze the best
                                                  Associate Administrator for Rulemaking.                 or hand-delivery to: Public Comments                  available scientific data in order to
                                                  [FR Doc. 2016–22064 Filed 9–19–16; 8:45 am]             Processing, Attn: FWS–R1–ES–2016–                     identify specific areas appropriate for
                                                  BILLING CODE 4910–59–C                                  0057; U.S. Fish and Wildlife Service                  critical habitat designation and to
                                                                                                          Headquarters, MS: BPHC, 5275 Leesburg                 analyze the impacts of designating such
                                                                                                          Pike, Falls Church, VA 22041–3803.                    areas as critical habitat. Accordingly, we
                                                  DEPARTMENT OF THE INTERIOR                                 We request that you send comments                  find designation of critical habitat for
                                                                                                          only by the methods described above.                  the iiwi to be ‘‘not determinable’’ at this
                                                  Fish and Wildlife Service                               We will post all comments on http://                  time.
                                                                                                          www.regulations.gov. This generally                      What this document does. This
                                                  50 CFR Part 17                                          means that we will post any personal                  document proposes the listing of the
                                                                                                          information you provide us (see Public                iiwi as a threatened species. We
                                                  [Docket No. FWS–R1–ES–2016–0057;                                                                              previously published a 90-day finding
                                                  4500030113]                                             Comments below for more information).
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                for the iiwi, and this document includes
                                                  RIN 1018–BB54                                           Mary Abrams, Field Supervisor, Pacific                a 12-month finding and proposed listing
                                                                                                          Islands Fish and Wildlife Office, 300                 rule, which assesses all available
                                                  Endangered and Threatened Wildlife                                                                            information regarding status of and
                                                  and Plants; Threatened Species Status                   Ala Moana Boulevard, Room 3–122,
                                                                                                          Honolulu, HI 96850; by telephone (808–                threats to the iiwi.
                                                  for the Iiwi (Drepanis coccinea)                                                                                 The basis for our action. Under the
                                                                                                          792–9400); or by facsimile (808–792–
                                                  AGENCY:   Fish and Wildlife Service,                                                                          Act, we can determine that a species is
                                                                                                          9581). Persons who use a
                                                  Interior.                                                                                                     an endangered or threatened species
                                                                                                          telecommunications device for the deaf
                                                                                                                                                                based on any of five factors: (A) The
                                                  ACTION: 12-Month petition finding;                      (TDD) may call the Federal Information
                                                                                                                                                                present or threatened destruction,
                                                  proposed rule.                                          Relay Service (FIRS) at 800–877–8339.
                                                                                                                                                                modification, or curtailment of its
                                                                                                          SUPPLEMENTARY INFORMATION: This                       habitat or range; (B) Overutilization for
                                                  SUMMARY:    We, the U.S. Fish and
                                                                                                          document consists of: (1) A 12-month                  commercial, recreational, scientific, or
                                                  Wildlife Service (Service), announce a
                                                                                                          petition finding that listing the iiwi                educational purposes; (C) Disease or
                                                  12-month finding on a petition to list
                                                                                                          under the Act is warranted; and (2) a                 predation; (D) The inadequacy of
                                                  the iiwi (Drepanis coccinea), a bird
                                                                                                          proposed rule to list the iiwi as a                   existing regulatory mechanisms; or (E)
                                                  species from the Hawaiian Islands, as a
                                                                                                          threatened species under the Act.                     Other natural or manmade factors
                                                  threatened species under the
                                                  Endangered Species Act (Act). After                     Executive Summary                                     affecting its continued existence. We
                                                  review of all best available scientific                                                                       have determined that the primary
                                                                                                             Why we need to publish a rule. Under               threats to the iiwi are its susceptibility
                                                  and commercial information, we find                     the Endangered Species Act, 16 U.S.C.
                                                  that listing the iiwi as a threatened                                                                         to avian malaria (Factor C) and the
                                                                                                          1531 et seq., a species or subspecies                 expected reduction in disease-free
                                                  species under the Act is warranted.                     may warrant protection through listing
                                                  Accordingly, we propose to list the iiwi                                                                      habitat as a result of increased
                                                                                                          if it is endangered or threatened                     temperatures caused by climate change
                                                  as a threatened species throughout its                  throughout all or a significant portion of
                                                  range. If we finalize this rule as                                                                            (Factor E). Although not identified as
                                                                                                          its range. Critical habitat shall be                  primary threat factors, rapid ohia death,
                                                  proposed, it would extend the Act’s                     designated, to the maximum extent
                                                  protections to this species. The effect of                                                                    a disease that affects the tree species
                                                                                                          prudent and determinable, for any                     required by iiwi for nesting and
                                                  this regulation will be to add this                     species determined to be an endangered
                                                  species to the Federal List of                                                                                foraging, and impacts from nonnative
                                                                                                          or threatened species under the Act.                  invasive plants and feral ungulates,
                                                  Endangered and Threatened Wildlife.                        We are proposing to list the iiwi                  contribute to the degradation and
                                                  DATES: We will accept comments                          (Drepanis coccinea) as threatened under               curtailment of the iiwi’s remaining,
                                                  received or postmarked on or before                     the Act because of current and future                 disease-free native ohia forest habitat,
                                                  November 21, 2016. Comments                             threats, and listing can only be done by              exacerbating threats to the species’
                                                  submitted electronically using the                      issuing a rule. The iiwi no longer occurs             viability.
                                                  Federal eRulemaking Portal (see                         across much of its historical range, and                 We will seek peer review. We will seek
                                                  ADDRESSES below) must be received by                    faces a variety of threats in the form of             comments from independent specialists
                                                  11:59 p.m. Eastern Time on the closing                  diseases and impacts to its remaining                 to ensure that our designation is based
                                                  date. We must receive requests for                      habitat.                                              on scientifically sound data,
                                                  public hearings, in writing, at the                        Delineation of critical habitat                    assumptions, and analyses. We will
                                                  address shown in FOR FURTHER                            requires, within the geographical area                invite these peer reviewers to comment
                                                  INFORMATION CONTACT by November 4,                      occupied by the species, identification               on our listing proposal. Because we will
                                                  2016.                                                   of the physical or biological features                consider all comments and information
                                                  ADDRESSES: You may submit comments                      essential to the species’ conservation. A             received during the comment period,
                                                  by one of the following methods:                        careful assessment of the biological                  our final determination may differ from
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                    (1) Electronically: Go to the Federal                 needs of the species and the areas that               this proposal.
                                                  eRulemaking Portal: http://                             may have the physical or biological                      A species status report for the iiwi
                                                  www.regulations.gov. In the Search box,                 features essential for the conservation of            was prepared by a team of Service
                                                  enter FWS–R1–ES–2016–0057, which is                     the species and that may require special              biologists, with the assistance of
                                                  the docket number for this rulemaking.                  management considerations or                          scientists from the U.S. Geological
                                                  Then, in the Search panel on the left                   protections, and thus qualify for                     Survey’s (USGS) Pacific Islands
                                                  side of the screen, under the Document                  designation as critical habitat, is                   Ecosystems Research Center and the
                                                  Type heading, click on the Proposed                     particularly complicated in this case by              Service’s Pacific Islands Climate Change


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                                                                      Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules                                           64415

                                                  Cooperative. We also obtained review                       (5) Specific information on:                       sent to the address shown in FOR
                                                  and input from experts familiar with                       • What areas currently occupied, and               FURTHER INFORMATION CONTACT. We      will
                                                  avian malaria and avian genetics. The                   that contain the necessary physical or                schedule one or more public hearings
                                                  species status report represents a                      biological features essential for the                 on this proposal, if any are requested,
                                                  compilation of the best scientific and                  conservation of the iiwi, we should                   and announce the dates, times, and
                                                  commercial data available concerning                    include in any future designation of                  places of those hearings, as well as how
                                                  the status of the species, including the                critical habitat and why;                             to obtain reasonable accommodations,
                                                  past, present, and future threats to the                   • Whether special management                       in the Federal Register and local
                                                  iiwi. We will invite at least three                     considerations or protections may be                  newspapers at least 15 days before the
                                                  scientists with expertise in Hawaiian                   required for the physical or biological               hearing.
                                                  forest bird biology, avian malaria, and                 features essential to the conservation of
                                                                                                          the iiwi; and                                         Peer Review
                                                  climate change to conduct an
                                                  independent peer review of the species                     • What areas not currently occupied                   In accordance with our joint policy on
                                                  status report. The species status report                are essential to the conservation of the              peer review published in the Federal
                                                  and other materials relating to this                    iiwi and why.                                         Register on July 1, 1994 (59 FR 34270),
                                                  proposal can be found at http://                           Please include sufficient information              we will seek the expert opinions of
                                                  www.regulations.gov, at Docket No.                      with your submission (such as scientific              appropriate and independent specialists
                                                  FWS–R1–ES–2016–0057, or by                              journal articles or other publications) to            regarding this proposed rule and the
                                                  contacting the Pacific Islands Fish and                 allow us to verify any scientific or                  accompanying draft species status
                                                  Wildlife Office (see FOR FURTHER                        commercial information you include.                   report (see Status Assessment for the
                                                  INFORMATION CONTACT).                                      Please note that submissions merely                Iiwi, below). The purpose of peer review
                                                                                                          stating support for or opposition to the              is to ensure that our listing
                                                  Information Requested                                   action under consideration without                    determination is based on scientifically
                                                  Public Comments                                         providing supporting information,                     sound data, assumptions, and analyses.
                                                                                                          although noted, will not be considered                Peer reviewers have expertise in the
                                                    We intend that any final action
                                                                                                          in making a determination, as section                 iiwi’s life history, habitat, physical and
                                                  resulting from this proposed rule will be
                                                                                                          4(b)(1)(A) of the Act directs that                    biological requirements, avian diseases
                                                  based on the best scientific and
                                                                                                          determinations as to whether any                      including malaria, and climate change,
                                                  commercial data available and be as
                                                  accurate and as effective as possible.                  species is a threatened or endangered                 and are currently reviewing the draft
                                                  Therefore, we request comments or                       species must be made ‘‘solely on the                  species status report, which will inform
                                                  information from the public, including                  basis of the best scientific and                      our determination. We invite comment
                                                  land owners and land managers, other                    commercial data available.’’                          from the peer reviewers during this
                                                                                                             You may submit your comments and                   public comment period.
                                                  concerned governmental agencies, the
                                                                                                          materials concerning this proposed rule
                                                  scientific community, industry, or any                                                                        Background
                                                                                                          by one of the methods listed in
                                                  other interested parties concerning this                                                                         Section 4(b)(3)(B) of the Act requires
                                                                                                          ADDRESSES. We request that you send
                                                  proposed rule. We particularly seek                                                                           that, for any petition to revise the
                                                  comments concerning:                                    comments only by the methods
                                                                                                          described in ADDRESSES.                               Federal Lists of Threatened and
                                                    (1) The iiwi’s biology, range, and
                                                                                                            If you submit information via http://               Endangered Wildlife and Plants (Lists)
                                                  population trends, including:
                                                    (a) Biological or ecological                          www.regulations.gov, your entire                      that contains substantial scientific or
                                                  requirements of the species, including                  submission—including any personal                     commercial information indicating that
                                                  habitat requirements for feeding,                       identifying information—will be posted                listing a species may be warranted, we
                                                  breeding, and sheltering;                               on the Web site. If your submission is                make a finding within 12 months of the
                                                    (b) Genetics and taxonomy;                            made via a hardcopy that includes                     date of receipt of the petition that the
                                                    (c) Historical and current range                      personal identifying information, you                 petitioned action is either: (a) Not
                                                  including distribution patterns;                        may request at the top of your document               warranted; (b) warranted; or (3)
                                                    (d) Historical and current population                 that we withhold this information from                warranted, but the immediate proposal
                                                  levels, and current and projected trends;               public review. However, we cannot                     of a regulation implementing the
                                                  and                                                     guarantee that we will be able to do so.              petitioned action is precluded by
                                                    (e) Past and ongoing conservation                     We will post all hardcopy submissions                 pending proposals to determine whether
                                                  measures for the species, its habitat, or               on http://www.regulations.gov.                        other species are endangered or
                                                  both.                                                     Comments and materials we receive,                  threatened, and expeditious progress is
                                                    (2) Factors that may affect the                       as well as supporting documentation we                being made to add or remove qualified
                                                  continued existence of the species,                     used in preparing this proposed rule,                 species from the Lists. With this
                                                  which may include habitat modification                  will be available for public inspection               publication, we have determined that
                                                  or destruction, overutilization, disease,               on http://www.regulations.gov, or by                  the petitioned action to list the iiwi is
                                                  predation, the inadequacy of existing                   appointment, during normal business                   warranted, and we are proposing to list
                                                  regulatory mechanisms, or other natural                 hours, at the U.S. Fish and Wildlife                  the species.
                                                  or manmade factors.                                     Service, Pacific Islands Fish and
                                                    (3) Biological, commercial trade, or                                                                        Previous Federal Actions
                                                                                                          Wildlife Office (see FOR FURTHER
                                                  other relevant data concerning any                                                                               On August 25, 2010, we received a
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                                                                                                          INFORMATION CONTACT).
                                                  threats (or lack thereof) to this species                                                                     petition dated August 24, 2010, from
                                                  and existing regulations that may be                    Public Hearing                                        Noah Greenwald, Center for Biological
                                                  addressing those threats.                                 Section 4(b)(5) of the Act provides for             Diversity, and Dr. Tony Povilitis, Life
                                                    (4) Additional information concerning                 one or more public hearings on this                   Net, requesting that the iiwi be listed as
                                                  the historical and current status, range,               proposal, if requested. Requests must be              an endangered or threatened species
                                                  distribution, and population size of this               received within 45 days after the date of             and that critical habitat be designated
                                                  species, including the locations of any                 publication of this proposed rule in the              under the Act. In a September 10, 2010,
                                                  additional populations of the iiwi.                     Federal Register. Such requests must be               letter to the petitioners, we responded


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                                                  64416               Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules

                                                  that we had reviewed the information                    songs are complex with variable creaks                which the transmission of avian malaria
                                                  presented in the petition and                           (often described as sounding like a                   readily occurs (‘‘disease-free’’ habitats).
                                                  determined that issuing an emergency                    ‘‘rusty hinge’’), whistles, or gurgling               The current abundance of iiwi
                                                  regulation temporarily listing the                      sounds, and they sometimes mimic                      rangewide is estimated at a mean of
                                                  species under section 4(b)(7) of the Act                other birds (Hawaii Audubon Society                   605,418 individuals (range 550,972 to
                                                  was not warranted. We also stated that                  2011, p. 97). The species is found                    659,864). Ninety percent of all iiwi now
                                                  we were required to complete a                          primarily in closed canopy, montane                   occur on Hawaii Island, followed by
                                                  significant number of listing and critical              wet or montane mesic forests composed                 east Maui (about 10 percent), and Kauai
                                                  habitat actions in Fiscal Year 2010,                    of tall stature ohia (Metrosideros                    (less than 1 percent) (Paxton et al. 2013,
                                                  including complying with court orders                   polymorpha) trees or ohia and koa                     p. 10).
                                                  and court-approved settlement                           (Acacia koa) tree mixed forest. The                      Iiwi population trends and abundance
                                                  agreements with specific deadlines,                     iiwi’s diet consists primarily of nectar              vary across the islands. The population
                                                  listing actions with absolute statutory                 from the flowers of ohia and mamane                   on Kauai appears to be in steep decline,
                                                  deadlines, and high-priority listing                    (Sophora chrysophylla), various plants                with a modeled rate of decrease
                                                  actions. Our listing and critical habitat               in the lobelia (Campanulaceae) family                 equivalent to a 92 percent reduction in
                                                  funding for Fiscal Year 2010 was                        (Pratt et al. 2009, p. 193), and                      population over a 25-year period
                                                  committed to complying with these                       occasionally, insects and spiders (Pratt              (Paxton et al. 2013, p. 10); the total
                                                  court orders, settlement agreements, and                et al. 2009, p. 193; Hawaii Audubon                   population on Kauai is estimated at a
                                                  statutory deadlines. Therefore, we were                 Society 2011, p. 97).                                 mean of 2,551 birds (range 1,934 to
                                                  unable to further address the petition to                  Although iiwi may breed anytime                    3,167) (Paxton et al. 2013, p. 10). Trends
                                                  list the iiwi at that time.                             between October and August (Hawaii                    on Maui are mixed, but populations
                                                     We published a 90-day finding for the                Audubon Society 2011, p. 97), the main                there generally appear to be in decline;
                                                  iiwi in the Federal Register on January                 breeding season occurs between                        East Maui supports an estimated
                                                  24, 2012 (77 FR 3423). Based on that                    February and June, which coincides                    population of 59,859 individuals (range
                                                  review, we found that the petition                      with peak flowering of ohia (Fancy and                54,569 to 65,148) (Paxton et al. 2013, p.
                                                  presented substantial information                       Ralph 1997, p. 2). Iiwi create cup-                   10). On Hawaii Island, which supports
                                                  indicating that listing the iiwi may be                 shaped nests typically within the upper               the largest remaining numbers of iiwi at
                                                  warranted, and we initiated a status                    canopy of ohia (Hawaii Audubon                        an estimated average of 543,009
                                                  review of the species. With the                         Society 2011, p. 97), and breeding pairs              individuals (range 516,312 to 569,706),
                                                  publication of this notice, we provide                  defend a small area around the nest and               there is evidence for stable or declining
                                                  our 12-month finding and a proposal to                  disperse after the breeding season                    populations on the windward side of
                                                  list the iiwi as a threatened species                   (Fancy and Ralph 1997, p. 2). An iiwi                 the island, while trends are strongly
                                                  under the Act.                                          clutch typically consists of two eggs,                increasing on the leeward (Kona) side.
                                                                                                          with a breeding pair raising one to two               As noted above, iiwi have been
                                                  Status Assessment for the Iiwi
                                                                                                          broods per year (Hawaii Audubon                       extirpated from Lanai, and only a few
                                                     A thorough review of the taxonomy,                   Society 2011, p. 97).                                 individual birds have been sporadically
                                                  life history, and ecology of the iiwi                      Well known for their seasonal                      detected on the islands of Oahu,
                                                  (Drepanis coccinea) is presented in the                 movements in response to the                          Molokai, and on west Maui in recent
                                                  draft Iiwi (Drepanis coccinea) Species                  availability of flowering ohia and                    decades. Of the nine iiwi population
                                                  Status Report, available online at http://              mamane, iiwi are strong fliers that move              regions for which sufficient information
                                                  www.regulations.gov under Docket No.                    long distances following their breeding               is available for quantitative inference,
                                                  FWS–R1–ES–2016–0057. The species                        season to locate nectar sources (Fancy                five of those show strong or very strong
                                                  status report documents the results of                  and Ralph 1998, p. 3; Kuntz 2008, p. 1;               evidence of declining populations; one,
                                                  our comprehensive biological status                     Guillamet et al. 2015, pp. EV–8—EV–9).                a stable to declining population; one, a
                                                  review for the iiwi, including an                       The iiwi’s seasonal movement to lower                 stable to increasing population; and
                                                  assessment of the potential stressors to                elevation areas in search of nectar                   two, strong evidence for increasing
                                                  the species. The species status report                  sources is an important factor in the                 populations. Four of the nine regions
                                                  does not represent a decision by the                    exposure of the species to avian                      show evidence of range contraction.
                                                  Service on whether the iiwi should be                   diseases, particularly malaria (discussed             Overall, based on the most recent
                                                  proposed for listing as a threatened or                 below).                                               surveys (up to 2012), approximately 90
                                                  endangered species under the Act. It                       Although historical abundance                      percent of remaining iiwi are restricted
                                                  does, however, provide the scientific                   estimates are not available, the iiwi was             to forest within a narrow band between
                                                  basis that informs our regulatory                       considered one of the most common of                  4,265 and 6,234 ft (1,300 and 1,900 m)
                                                  decision, which involves the further                    the native forest birds in Hawaii by                  in elevation (Paxton et al. 2013, pp. 1,
                                                  application of standards within the Act                 early naturalists, described as                       10–11, and Figure 1) (See the
                                                  and its implementing regulations and                    ‘‘ubiquitous’’ and found from sea level               Population Status section of the draft
                                                  policies. The following is a summary of                 to the tree line across all the major                 species status report for details).
                                                  the key results and conclusions from the                islands (Banko 1981, pp. 1–2). Today
                                                                                                          the iiwi is no longer found on Lanai and              Summary of Factors Affecting the
                                                  species status report.
                                                                                                          only a few individuals may be found on                Species
                                                  Summary of Biological Status                            Oahu, Molokai, and west Maui.                            The Act directs us to determine
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                                                    A medium-sized forest bird notable                    Remaining populations of iiwi are                     whether any species is an endangered
                                                  for its iconic bright red feathers, black               largely restricted to forests above                   species or a threatened species because
                                                  wings and tail, and a long, curved bill                 approximately 3,937 feet (ft) (1,200                  of any of five various factors affecting its
                                                  (Hawaii Audubon Society 2011, p. 97),                   meters (m)) in elevation on Hawaii                    continued existence. Our species status
                                                  the iiwi belongs to the family                          Island (Big Island), east Maui, and                   report evaluated many potential
                                                  Fringillidae and the endemic Hawaiian                   Kauai. As described below, the present                stressors to iiwi, particularly direct
                                                  honeycreeper subfamily, Drepanidinae                    distribution of iiwi corresponds with                 impacts on the species from introduced
                                                  (Pratt et al. 2009, pp. 114, 122). Iiwi                 areas that are above the elevation at                 diseases, as well as predation by


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                                                                      Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules                                          64417

                                                  introduced mammals, competition with                    prevalence and transmission is only                   p. 67; Smith and Tunison 1992, pp.
                                                  nonnative birds, climate change,                        brief and episodic, or nonexistent,                   395–397; Vitousek et al. 1997, pp. 7–8;
                                                  ectoparasites, and the effects of small                 under current conditions. Iiwi have not               D’Antonio et al. 2011, p. 1,617). Beyond
                                                  population size. We also assessed                       demonstrated any substantial sign of                  alteration of ohia forest, feral pig
                                                  stressors that may affect the extent or                 developing resistance to avian malaria                activities that create mosquito habitat in
                                                  quality of the iiwi’s required ohia forest              to date and do not appear to be                       ohia forest where there would otherwise
                                                  habitat, including ohia dieback, ohia                   genetically predisposed to evolve                     be very little to none is identified as an
                                                  rust, drought, fires, volcanic eruptions,               resistance (Jarvi et al. 2004, pp. 2,164–             important compounding stressor that
                                                  climate change, and particularly rapid                  2,166). As the prevalence of avian                    acts synergistically with the prevalence
                                                  ohia death and habitat alteration by                    malaria increases in association with                 of malaria and results in iiwi mortality.
                                                  nonnative plants and feral ungulates.                   warmer temperatures (e.g., LaPointe et                Although habitat loss and degradation is
                                                     All species experience stressors; we                 al. 2012, p. 217), the extent and impact              not, by itself, considered to be a primary
                                                  consider a stressor to rise to the level of             of avian diseases upon iiwi are                       driver of iiwi declines, the habitat
                                                  a threat to the species if the magnitude                projected to become greatly exacerbated               impacts described above contribute
                                                  of the stressor is such that it places the              by climate change during this century.                cumulatively to the vulnerability of the
                                                  current or future viability of the species                 Additionally, on Hawaii Island where               species to the threat of avian malaria by
                                                  at risk. In considering what stressors or               90 percent of the iiwi currently occur,               degrading the quality and quantity of
                                                  factors might constitute threats to a                   the disease rapid ohia death was                      the remaining disease-free habitat upon
                                                  species, we must look beyond the                        identified as an emergent source of                   which the iiwi depends. In this regard,
                                                  exposure of the species to a particular                 habitat loss and degradation that has the             rapid ohia death, discussed above, is
                                                  stressor to evaluate whether the species                potential to exacerbate other stressors to            quickly becoming a matter of urgent
                                                  may respond to that stressor in a way                   ohia forest habitat, as well as reduce the            concern as it can further exacerbate and
                                                  that causes impacts to the species now                  amount of habitat remaining for iiwi in               compound effects from the suite of
                                                  or is likely to cause impacts in the                    an already limited, disease-free zone                 stressors that impact iiwi (see below).
                                                  future. If there is exposure to a stressor              contained within a narrow elevation
                                                  and the species responds negatively, the                band. Rapid ohia death, a recently                    Avian Diseases
                                                  stressor may be a threat. We consider                   discovered tree disease that leads to                    The introduction of avian diseases
                                                  the stressor to be a threat if it drives, or            significant mortality of the ohia that iiwi           transmitted by the introduced southern
                                                  contributes to, the risk of extinction of               depend upon for nesting and foraging, is              house mosquito (Culex
                                                  the species such that the species                       quickly becoming a matter of urgent                   quinquefasciatus), including avian
                                                  warrants listing as endangered or                       concern. If rapid ohia death continues to             malaria (caused by the protozoan
                                                  threatened as those terms are defined in                spread across the native ohia forests, it             Plasmodium relictum) and avian pox
                                                  the Act. However, the identification of                 will directly threaten iiwi by                        (Avipoxvirus sp.), has been a key
                                                  stressors that could affect a species                   eliminating the limited, malaria-free                 driving force in both extinctions and
                                                  negatively may not be sufficient to                     native forest areas that remain for the               extensive declines over the last century
                                                  compel a finding that the species                       species.                                              in the abundance, diversity, and
                                                  warrants listing. The information must                     Based on the analysis in our species               distribution of many Hawaiian forest
                                                  include evidence sufficient to suggest                  status report, invasive, nonnative plants             bird species, including declines of the
                                                  that these stressors are operative threats              and feral ungulates have major, adverse               iiwi and other endemic honeycreepers
                                                  that act on the species to the point that               impacts on ohia forest habitat. Although              (e.g., Warner 1968, entire; Van Riper et
                                                  the species may meet the definition of                  we did not find that the historical and               al. 1986, entire; Benning et al. 2002, p.
                                                  endangered or threatened under the Act.                 ongoing habitat alteration by nonnative               14,246; Atkinson and LaPointe 2009a, p.
                                                     Our species status report examines all               species is the primary cause of the                   243; Atkinson and LaPointe 2009b, pp.
                                                  of the potential stressors to iiwi in                   significant observed decline in iiwi’s                55–56; Samuel et al. 2011, p. 2,970;
                                                  detail. Here we describe those stressors                abundance and distribution, the                       LaPointe et al. 2012, p. 214; Samuel et
                                                  that we conclude rise to the level of a                 cumulative impacts to iiwi’s habitat,                 al. 2015, pp. 13–15). Nonnative to
                                                  threat to the long-term viability of iiwi.              and in particular the activities of feral             Hawaii, the first species of mosquitoes
                                                     Based on our comprehensive                           ungulates, are not insignificant and                  were accidentally introduced to the
                                                  assessment of the status of the iiwi in                 likely exacerbate the effects of avian                Hawaiian Islands in 1826, and spread
                                                  our species status report, we conclude                  malaria. Feral ungulates, particularly                quickly to the lowlands of all the major
                                                  that the best scientific data available                 pigs (Sus scrofa), goats (Capra hircus),              islands (Warner 1968, p. 104; Van Riper
                                                  consistently identifies avian malaria as                and axis deer (Axis axis), degrade ohia               et al. 1986, p. 340). Early observations
                                                  the primary driver of declines in                       forest habitat by spreading nonnative                 of birds with characteristic lesions
                                                  abundance and distribution of iiwi                      plant seeds and grazing on and                        suggest that avian poxvirus was
                                                  observed since the turn of the 20th                     trampling native vegetation, and                      established in Hawaii by the late 1800s
                                                  century. This conclusion is supported                   contributing to erosion (Mountainspring               (Warner 1968, p. 106; Atkinson and
                                                  by the extremely high mortality rate of                 1986, p. 95; Camp et al. 2010, p. 198).               LaPointe 2009a, p. 55), and later genetic
                                                  iiwi (approximately 95 percent) in                      Invasive nonnative plants, such as                    analyses indicate pox was present in the
                                                  response to avian malaria, and the                      strawberry guava (Psidium cattleianum)                Hawaiian Islands by at least 1900 (Jarvi
                                                  disappearance of iiwi from low-                         and albizia trees (Falcataria                         et al. 2008, p. 339). Avian malaria had
                                                  elevation ohia forest where it was                      moluccana), prevent or retard                         arrived in Hawaii by at least 1920
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                                                  formerly common and where malaria is                    regeneration of ohia forest used by iiwi              (Warner 1968, p. 107; Van Riper et al.
                                                  prevalent today. Both the life cycle of                 for foraging and nesting. The combined                1986, pp. 340–341; Atkinson and
                                                  the mosquito vector and the                             effects of drought and nonnative,                     LaPointe 2009, p. 55; Banko and Banko
                                                  development and transmission of the                     invasive grasses have resulted in                     2009, p. 52), likely in association with
                                                  malaria parasite are temperature-                       increased fire frequency and the                      imported cage birds (Yorinks and
                                                  limited, thus iiwi are now found                        conversion of mesic ohia woodland to                  Atkinson 2000, p. 731), or through the
                                                  primarily in high elevation forests above               exotic grassland in many areas of                     deliberate introduction of nonnative
                                                  3,937 ft (1,200 m) where malaria                        Hawaii ((D’Antonio and Vitousek 1992,                 birds to replace the native birds that had


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                                                  64418               Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules

                                                  by then disappeared from the lowlands                   mosquitoes, food consumption, weight,                 genetic variability, and even genetic
                                                  (Atkinson and LaPointe 2009a, p. 55).                   and parasitemia were monitored for all                impediments to a possible evolved
                                                                                                          test groups. None of the nonnative birds              resistance to malaria in the future (Jarvi
                                                  Avian Malaria
                                                                                                          developed malarial infections, while all              et al. 2001, p. 255; Jarvi et al. 2004,
                                                     As noted above, avian malaria is a                   of the exposed iiwi developed infections              Table 4, p. 2,164; Foster et al. 2007, p.
                                                  disease caused by the protozoan parasite                within 4 days. Mortality of the high-                 4,744; Samuel et al. 2015, pp. 12–13).
                                                  Plasmodium relictum; the parasite is                    dose iiwi reached 100 percent by day                  For example, Eggert et al. (2008, p. 9)
                                                  transmitted by the mosquito Culex                       29, and mortality of the low-dose birds               noted that gene variations that may
                                                  quinquefasciatus, and invades the red                   reached 90 percent by day 37, an                      confer resistance appear to be rare in
                                                  blood cells of birds. Birds suffering from              average of 95 percent mortality between               iiwi. Three factors—the homogeneity of
                                                  malaria infection undergo an acute                      the two groups (Atkinson et al. 1994, p.              a portion of the iiwi genome, the high
                                                  phase of the disease during which                       S63). A single male iiwi survived the                 mortality rate of iiwi in response to
                                                  parasitemia, a quantitative measure of                  initial infection and, following re-                  avian malaria, and high levels of gene
                                                  the number of Plasmodium parasites in                   exposure with the same Plasmodium                     flow resulting from the wide-ranging
                                                  the circulating red blood cells, increases              isolate, no subsequent increase in                    nature of the species—suggest that iiwi
                                                  steadily. Because the parasite destroys                 parasitemia was detected, suggesting a                would likely require a significant
                                                  the red blood cells, anemia and decline                 possible development of some                          amount of time for development of
                                                  of physical condition can quickly result.               immunity (Atkinson et al. 1995, p. S66).              genetic resistance to avian malaria,
                                                  In native Hawaiian forest birds, death                  The authors suggested that iiwi may                   assuming the species retains a
                                                  may result either directly from the                     lack sufficient diversity in the major                sufficiently large reservoir of genetic
                                                  effects of anemia, or indirectly when                   histocompatibility complex or                         diversity for a response to natural
                                                  anemia-weakened birds become                            genetically based immunity traits                     selection. Genetic studies of iiwi have
                                                  vulnerable to predation, starvation, or a               capable of recognizing and responding                 also noted a dichotomy between the
                                                  combination of other stressors (LaPointe                to malarial antigens, an important factor             lack of variation in mitochondrial DNA
                                                  et al. 2012, p. 213). Studies have                      in iiwi’s susceptibility to introduced                (Tarr and Fleischer 1993, 1995;
                                                  demonstrated that native Hawaiian                       disease (Atkinson et al. 1995, pp. S65–               Fleischer et al. 1998; Foster et al. 2007,
                                                  birds that survive avian malaria remain                 S66).                                                 p. 4,743), and maintenance of variation
                                                  chronically infected, thus becoming                        Despite extremely high mortality of                in nuclear DNA (Jarvi et al. 2004, p.
                                                  lifetime reservoirs of the disease                      iiwi from avian malaria in general, the               2,166; Foster et al. 2007, p. 4,744); both
                                                  (Samuel et al. 2011, p. 2,960; LaPointe                 aforementioned study as well as two                   attributes suggest that iiwi may have
                                                  et al. 2012, p. 216) and remaining                      other studies have demonstrated that a                historically experienced a drastic
                                                  capable of further disease transmission                 few individuals are capable of surviving              reduction in population size that led to
                                                  to other native birds. In contrast,                     the infection (Van Riper et al. 1986, p.              a genetic bottleneck. Studies have also
                                                  nonnative birds in Hawaii are little                    334; Atkinson et al. 1995, p. S63; Freed              found low diversity in the antigen-
                                                  affected by avian malaria and later                     et al. 2005, p. 759). If a genetic                    binding sites of the iiwi’s major
                                                  become incapable of disease                             correlation were identified, it is possible           histocompatibility complex (that part of
                                                  transmission (LaPointe et al. 2012, p.                  that surviving individuals could serve                an organism’s immune system that
                                                  216).                                                   as a potential source for the evolution of
                                                     Wild iiwi infected with malaria are                                                                        helps to recognize foreign or
                                                                                                          genetic resistance to malaria, although               incompatible proteins (antigens) and
                                                  rarely captured, apparently because the                 evidence of this is scant to date. Eggert
                                                  onset of infection leads to rapid                                                                             trigger an immune response).
                                                                                                          et al. (2008, p. 8) reported a slight but
                                                  mortality, precluding their capture                     detectable level of genetic                              The relationship between temperature
                                                  (Samuel et al. 2011, p. 2,967; LaPointe                 differentiation between iiwi populations              and avian malaria is of extreme
                                                  et al. 2016, p. 11). However, controlled                located at mid and high elevation,                    importance to the current persistence of
                                                  experiments with captive birds have                     potentially the first sign of selection               iiwi and the viability of the species in
                                                  demonstrated the susceptibility of                      acting on these populations in response               the future. The development of the
                                                  native Hawaiian honeycreepers to avian                  to disease. Additionally, the infrequent              Plasmodium parasite that carries
                                                  malaria; mortality is extremely high in                 but occasional sighting of iiwi on Oahu               malaria responds positively to increased
                                                  some species, including iiwi,                           indicates a possible developed                        temperature, such that malaria
                                                  experimentally infected with the                        resistance or tolerance to avian malaria.             transmission is greatest in warm, low-
                                                  disease. As early as the 1960s,                            Despite these observations, there is, as           elevation forests with an average
                                                  experiments with Laysan finches                         of yet, no indication that iiwi have                  temperature of 72 °F (22 °C), and is
                                                  (Telespiza cantans) and several other                   developed significant resistance to                   largely absent in high-elevation forests
                                                  species of native Hawaiian                              malaria such that individuals can                     above 4,921 ft (1,500 m) with cooler
                                                  honeycreepers demonstrated 100                          survive in areas where the disease is                 mean annual temperatures around 57 °F
                                                  percent mortality from malaria in a very                strongly prevalent, including all                     (14 °C) (Ahumada et al. 2004, p. 1,167;
                                                  short period of time (Warner 1968, pp.                  potential low-elevation forest habitat                LaPointe et al. 2010, p. 318; Liao et al.
                                                  109–112, 118; Fig. 426). In a study                     and most mid-elevation forest habitat                 2015, p. 4,343). High-elevation forests
                                                  specific to iiwi, Atkinson et al. (1995,                (Foster et al. 2007, p. 4,743; Eggert et al.          thus currently serve as disease-free
                                                  entire) demonstrated that the species                   2008, p. 2). In one study, for example,               habitat zones for Hawaiian forest birds,
                                                  suffers approximately 95 percent                        4 years of mist-netting effort across                 including iiwi. Once one of the most
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                                                  mortality when infected with malaria                    extensive areas of Hawaii Island                      common birds in forests throughout the
                                                  (Atkinson et al. 1995, p. S65). In that                 resulted in the capture of a substantial              Hawaiian islands, iiwi are now rarely
                                                  study, iiwi and a nonnative control                     number of iiwi, yet no iiwi were                      found at lower elevations, and are
                                                  species were exposed to avian malaria                   captured in low-elevation forests and                 increasingly restricted to high-elevation
                                                  through infective mosquito bites, and                   only a few were captured in mid-                      mesic and wet forests where cooler
                                                  subjected to different dosages of                       elevation forests (Samuel et al. 2015, p.             temperatures limit both the
                                                  infection (single vs. multiple bites).                  11). In addition, the results of several              development of the malarial parasite
                                                  Following exposure to biting                            studies indicate that iiwi have low                   and mosquito densities (Scott et al.


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                                                                      Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules                                           64419

                                                  1986, pp. 367–368; Ahumada et al.                       disease-free areas. La Pointe et al.                  in birds with healed lesions (Atkinson
                                                  2004, p. 1,167; LaPointe et al. 2010, p.                (unpublished data 2015) found that,                   et al. 2009, p. 56).
                                                  318; Samuel et al. 2011, p. 2,960; Liao                 based on malaria prevalence in all                       The largest study of avian pox in
                                                  et al. 2015, p. 4,346; Samuel et al. 2015,              Hawaiian forest birds, species migrating              scope and scale took place between
                                                  p. 14).                                                 between upper elevations to lower                     1977 and 1980, during which
                                                     Temperature also affects the life cycle              elevations increased their risk of                    approximately 15,000 native and
                                                  of the malaria mosquito vector, Culex                   exposure to avian malaria by as much as               nonnative forest birds were captured
                                                  quinquefasciatus. Lower temperatures                    27 times. The greater risk was shown to               and examined for pox virus lesions from
                                                  slow the development of larval stages                   be due to a much higher abundance of                  16 different locations on transects along
                                                  and can affect the survival of adults                   mosquitoes at lower elevations, which                 Mauna Loa on Hawaii Island (Van Riper
                                                  (Ahumada et al. 2005, pp. 1,165–1,168;                  in turn was attributable at least in part             et al. 2002, pp. 929–942). The study
                                                  LaPointe et al. 2012, p. 217). Although                 to the higher abundance of pigs and                   made several important determinations,
                                                  closely tied to altitude and a                          their activities in lower elevation forests           including that native forest birds were
                                                  corresponding decrease in temperature,                  (discussed further below).                            indeed more susceptible than
                                                  the actual range of mosquitoes varies                                                                         introduced species, that all species were
                                                  with season. Generally, as temperature                  Avian Pox                                             more likely to be infected during the
                                                  decreases with increasing elevation,                       Avian pox (or bird pox) is an infection            wet season, and that pox prevalence was
                                                  mosquito abundance drops significantly                  caused by the virus Avipoxvirus, which                greatest at mid-elevation sites
                                                  at higher altitudes. In the Hawaiian                    produces large, granular, and eventually              approximately 3,937 ft (1,200 m) in
                                                  Islands, the mosquito boundary occurs                   necrotic lesions or tumors on exposed                 elevation, coinciding with the greatest
                                                  between 4,921 and 5,577 ft (1,500 and                   skin or diphtheritic lesions on the                   overlap between birds and the mosquito
                                                  1,700 m) (VanRiper et al. 1986, p. 338;                 mouth, trachea, and esophagus of                      vector. Of the 107 iiwi captured and
                                                  LaPointe et al. 2012, p. 218). Areas                    infected birds. Avian pox can be                      examined during the study, 17 percent
                                                  above this elevation are at least                       transmitted through cuts or wounds                    showed signs of either active or inactive
                                                  seasonally relatively free of mosquitoes,               upon physical contact or through the                  pox lesions (Van Riper et al. 2002, p.
                                                  thus malaria transmission is unlikely at                mouth parts of blood-sucking insects                  932). Many studies of avian pox have
                                                  these high elevations under current                     such as the mosquito Culex                            documented that native birds are
                                                  conditions.                                             quinquefasciatus, the common vector                   frequently infected with both avian pox
                                                     Early on, Ralph and Fancy (1995, p.                  for both the pox virus and avian malaria              and avian malaria (Van Riper et al.
                                                  741) and Atkinson et al. (1995, p. S66)                 (LaPointe et al. 2012, p. 221). Tumors or             1986, p. 331; Atkinson et al. 2005, p.
                                                  suggested that the seasonal movements                   lesions caused by avian pox can be                    537; Jarvi et al. 2008, p. 347). This may
                                                  of iiwi to lower elevation areas where                  crippling for birds, and may result in                be due to mosquito transmission of both
                                                  ohia is flowering may result in                         death. Although not extensively                       pathogens simultaneously, because
                                                  increased contact with malaria-infected                 studied, existing data suggest that                   documented immune system
                                                  mosquitoes, which, combined with the                    mortality from avian pox may range                    suppression by the pox virus renders
                                                  iiwi’s high susceptibility to the disease,              from 4 to 10 percent observed in Oahu                 chronically infected birds more
                                                  may explain their observed low annual                   Elepaio (Chasiempis ibidis) (for birds                vulnerable to infection by, or a relapse
                                                  survivorship relative to other native                   with active lesions (VanderWerf 2009,                 of, malaria (Jarvi et al. 2008, p. 347), or
                                                  Hawaiian birds. Compounding the                         p. 743) to 100 percent in Laysan finches              due to other unknown factors. The
                                                  issue, other bird species, which overlap                (Warner 1968, p. 108). VanderWerf                     relative frequency with which the two
                                                  with iiwi in habitat, including Apapane                 (2009, p. 743) has also suggested that                diseases co-occur makes it challenging
                                                  (Himatione sanguinea), are relatively                   mortality levels from pox may correlate               to disentangle the independent impact
                                                  resistant to the diseases and carry both                with higher rainfall years, and at least              of either stressor acting alone (LaPointe
                                                  Plasmodium and avian pox virus. As                      in the case of the Elepaio, observed                  et al. 2012, p. 221), and we lack any
                                                  reservoirs, they carry these diseases                   mortality may decrease over time with                 indication of the degree to which pox
                                                  upslope where mosquitoes are less                       a reduction in susceptible birds.                     may be a specific threat to iiwi or
                                                  abundant but still occur in numbers                        As early as 1902 native birds suffering            contributing to its decline.
                                                  sufficient to facilitate and continue                   from avian pox were observed in the
                                                  transmission to iiwi (Ralph and Fancy                   Hawaiian Islands, and Warner (1968, p.                Compounded Impacts—Feral Ungulates
                                                  1995, p. 741). Subsequent studies have                  106) described reports that epizootics of             Create Habitat for Culex
                                                  confirmed the correlation between risk                  avian pox ‘‘were so numerous and                      quinquefasciatus Mosquitoes and
                                                  of malaria infection and iiwi altitudinal               extreme that large numbers of diseased                Exacerbate Impacts of Disease
                                                  migrations, and suggest upper elevation                 and badly debilitated birds could be                     It has been widely established that
                                                  forest reserves in Hawaii may not                       observed in the field.’’ As the initial               damage to native tree ferns (Cibotium
                                                  adequately protect mobile nectarivores                  wave of post-European extinctions of                  spp.) and rooting and wallowing activity
                                                  such as iiwi. Kuntz (2008, p. 3) found                  native Hawaiian birds was largely                     by feral pigs create mosquito larval
                                                  iiwi populations at upper elevation                     observed in the late 1800s, prior to the              breeding sites in Hawaiian forests where
                                                  study sites (6,300 ft (1,920 m)) declined               introduction of avian malaria (Van Riper              they would not otherwise occur. The
                                                  during the non-breeding season when                     et al. 1986, p. 342), it is possible that             porous geology and relative absence of
                                                  birds departed for lower elevations in                  avian pox played a significant role,                  puddles, ponds, and slow-moving
                                                  search of flowering ohia, traveling up to               although there is no direct evidence                  streams in most Hawaiian landscapes
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  12 mi (19.4 km) over contiguous                         (Warner 1968, p. 106). Molecular work                 precludes an abundance of water-
                                                  mosquito-infested wet forest. Guillamet                 has revealed two genetically distinct                 holding habitat sites for mosquito
                                                  et al. (2015, p. 192) used empirical                    variants of the pox virus affecting forest            larvae; however, Culex quinquefasciatus
                                                  measures of seasonal movement                           birds in Hawaii that differ in virulence              mosquitoes, the sole vector for avian
                                                  patterns in iiwi to model how                           (Jarvi et al. 2008, p. 347): One tends to             malaria in Hawaii, now occur in great
                                                  movement across elevations increases                    produce fatal lesions, and the other                  density in many wet forests where their
                                                  the risk of disease exposure, even                      appears to be less severe, based on the               larvae primarily rely on habitats created
                                                  affecting breeding populations in                       observation of recurring pox infections               by pig activity (LaPointe 2006, pp. 1–3;


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                                                  64420               Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules

                                                  Ahumada et al. 2009, p. 354; Atkinson                   most vulnerable species, with studies                 significant effects occurring by mid-
                                                  and LaPointe 2009, p. 60; Samuel et al.                 showing an average of 95 percent                      century.
                                                  2011, p. 2,971). Pigs compact volcanic                  mortality in response to infection with
                                                                                                                                                                Climate Change Effects on Iiwi
                                                  soils and create wallows and water                      avian malaria (Atkinson et al. 1995, p.
                                                  containers within downed, hollowed-                     S63; Samuel et al. 2015, p. 2). Many                     Climate change is a stressor that is
                                                  out tree ferns, knocked over and                        native forest birds, including iiwi, are              likely to significantly exacerbate the
                                                  consumed for their starchy pith (Scott et               now absent from warm, low-elevation                   effects of avian malaria on iiwi both
                                                  al. 1986, pp. 365–368; Atkinson et al.                  areas that support large populations of               directly through increased prevalence
                                                  1995, p. S68). The abundance of C.                      disease-carrying mosquitoes, and these                and mortality, and indirectly through
                                                  quinquefasciatus mosquitoes is also                     birds persist only in relatively disease-             the loss of disease-free habitat. Air
                                                  much greater in suburban and                            free zones in high-elevation forests,                 temperature in Hawaii has increased in
                                                  agricultural areas than in undisturbed                  above roughly 4,921 to 5,577 ft (1,500 to             the past century and particularly since
                                                  native forest, and the mosquito is                      1,700 m), where both the development                  the 1970s, with greater increases at high
                                                  capable of dispersing up to 1 mile (1.6                 of the malarial parasite and the density              elevation (Giambelluca et al. 2008, pp.
                                                  kilometers) within closed-canopy native                 of mosquito populations are held in                   2–4; Wang et al. 2014, pp. 95, 97).
                                                  forest, including habitat occupied by the               check by cooler temperatures (Scott et                Documented impacts of increased
                                                  iiwi (LaPointe 2006, p. 3; LaPointe et al.              al. 1986, pp. 85, 100, 365–368;                       temperature include the prevalence of
                                                  2009, p. 409).                                          Woodworth et al. 2009, p. 1,531; Liao et              avian malaria in forest birds at
                                                     In studies of native forest plots where              al. 2015, pp. 4,342–4,343; Samuel et al.              increasing elevation, including high-
                                                  feral ungulates (including pigs) were                   2015, pp. 11–12). Even at these                       elevation sites where iiwi are already
                                                  removed by trapping and other                           elevations, however, disease                          declining, for example, on Kauai
                                                  methods, researchers have demonstrated                  transmission may occur when iiwi move                 (Paxton et al. 2013, p. 13). Several
                                                  a correlation in the abundance of Culex                 downslope to forage on ephemeral                      projections for future climate in Hawaii
                                                  spp. mosquitoes when comparing pig-                     patches of flowering ohia in the                      describe a continued warming trend,
                                                  free, fenced areas to adjacent sites where              nonbreeding season, encountering                      especially at high elevations. In our
                                                  feral pig activity is unmanaged. Aruch                  disease-carrying mosquitoes in the                    species status report, we analyzed in
                                                  et al. 2007 (p. 574), LaPointe 2006 (pp.                process (Ralph and Fancy 1995, p. 741;                particular three climate studies
                                                  1–3) and LaPointe et al. (2009, p. 409;                 Fancy and Ralph 1998, p. 3; Guillaumet                (summarized below) that address the
                                                  2012, pp. 215, 219) assert that                         et al. 2015, p. EV–8; LaPointe et al.                 future of native forest birds, including
                                                  management of feral pigs may be                         2015, p. 1). Iiwi have not demonstrably               iiwi, in the face of the interactions
                                                  strategic to managing avian malaria and                 developed resistance to avian malaria,                between climate change and avian
                                                  pox, particularly in remote Hawaiian                    unlike related honeycreepers including                malaria.
                                                  rain forests where studies have                         Amakihi (Hemignathus spp.) and                           Benning et al. (2002) concluded that
                                                  documented that habitats created by                     Apapane. Due to the known extreme                     under optimistic assumptions (i.e., 3.6
                                                  pigs are the most abundant and                          mortality rate of iiwi when exposed to                °F (2 °C) increase in temperature by the
                                                  productive habitat for larval mosquitoes.               avian malaria, we consider avian                      year 2100), malaria-susceptible
                                                  Studies suggest that reduction in                       malaria in particular to pose a threat to             Hawaiian forest birds, including iiwi,
                                                  mosquito habitat must involve pig                       iiwi. Having already experienced local                will lose most of their disease-free
                                                  management across large landscapes                      extinctions and widespread population                 habitat in the three sites they considered
                                                  due to the tremendous dispersal ability                 declines, it is possible that the species             in their projection of climate change
                                                  of C. quinquefasciatus and the                          may not possess sufficient genetic                    impacts. For example, current disease-
                                                  possibility of the species invading from                diversity to adapt to these diseases                  free habitat at high elevation within the
                                                  adjacent areas lacking management                       (Atkinson et al. 2009, p. 58).                        Hakalau Forest National Wildlife Refuge
                                                  (LaPointe 2006, pp. 3–4). The                                                                                 (NWR) on the island of Hawaii (where
                                                  consequences of feral pig activities thus               Climate Change                                        the environment is still too cold for
                                                  further exacerbate the impacts to iiwi                     Based on the assessment of the best                development of the malarial parasite)
                                                  from avian malaria and avian pox, by                    scientific data available in our species              would be reduced by 96 percent by the
                                                  creating and enhancing larval habitats                  status report, we concluded that climate              end of the century.
                                                  for the mosquito vector, thereby                        change exacerbates the impacts to iiwi                   Fortini et al. (2015) conducted a
                                                  increasing exposure to these diseases.                  from mosquito-borne disease, and this                 vulnerability assessment for 20 species
                                                                                                          effect is likely to continue and worsen               of Hawaiian forest birds based on a
                                                  Avian Diseases—Summary                                  in the future. Air temperature in Hawaii              projected increase of 6.1 °F (3.4 °C)
                                                    The relatively recent introduction of                 has increased in the past century and                 under the A1B emissions scenario at
                                                  avian pox and avian malaria, in concert                 particularly since the 1970s, with the                higher elevations by 2100. Even under
                                                  with the introduction of the mosquito                   greatest increases at higher elevations,              this relatively optimistic scenario, in
                                                  disease vector, is widely viewed as one                 and several conservative climate change               which emissions decline after mid-
                                                  of the key factors underlying the loss                  models project continued warming in                   century (IPCC 2007, p. 44), all species
                                                  and decline of native forest birds                      Hawaii into the future. As a result, the              were projected to suffer range loss as the
                                                  throughout the Hawaiian Islands.                        temperature barrier to the development                result of increased transmission of avian
                                                  Evolving in the absence of mosquitoes                   and transmission of avian malaria will                malaria at higher elevations with
                                                  and their vectored pathogens, native                    continue to move up in elevation in                   increasing temperature. Iiwi was
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                                                  Hawaiian forest birds, particularly                     response to warmer conditions, leading                predicted to lose 60 percent of its
                                                  honeycreepers such as iiwi, lack natural                to the curtailment or loss of disease-free            current range by the year 2100, and
                                                  immunity or genetic resistance, and                     habitats for iiwi. We briefly discuss                 climate conditions suitable for the
                                                  thus are more susceptible to these                      below three climate studies that                      species will shift up in elevation,
                                                  diseases than are nonnative bird species                conservatively predict the iiwi will lose             including into areas that are not
                                                  (van Riper et al. 1986, pp. 327–328;                    between 60 and 90 percent of its current              currently forested, such as lava flows
                                                  Yorinks and Atkinson 2000, p. 737).                     (and already limited) disease-free range              and high-elevation grasslands. Most of
                                                  Researchers consider iiwi one of the                    by the end of this century, with                      the remaining habitat for iiwi would be


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                                                                      Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules                                         64421

                                                  restricted to a single island, Hawaii                   already reduced populations.’’ Thus,                  Hakalau Forest NWR (Hughes 2016,
                                                  Island.                                                 climate change has significant                        pers. comm.), which contains a stable to
                                                     Liao et al. (2015) generated                         implications for the future of Hawaiian               increasing iiwi population (Paxton et al.
                                                  temperature and precipitation                           forest birds, as predictions suggest                  2013, p. 12). As of March 2016, the
                                                  projections under three alternative                     increased temperatures may largely                    amount of forest area affected on Hawaii
                                                  emissions scenarios and projected                       eliminate the high-elevation forest                   Island is estimated to be approximately
                                                  future malaria risk for Hawaiian forest                 currently inhospitable to the                         34,000 ac (13,759 ha) (Hughes 2016,
                                                  birds. Irrespective of the scenario                     transmission of mosquito-borne diseases               pers. comm.). Two different strains of
                                                  modeled, by mid-century (roughly                        (Benning et al. 2002, pp. 14,247–14,249;              the virus appear to be responsible for
                                                  2040), malaria transmission rates and                   LaPointe et al. 2012, p. 219; Fortini et              ROD (Hughes 2016, pers. comm.). These
                                                  impacts to bird populations began                       al. 2015, p. 9). Samuel et al. (2015, p.              estimates demonstrate that the amount
                                                  increasing at high elevations. By 2100,                 15) predict further reductions and                    of ohia forest on Hawaii Island infected
                                                  the increased annual malaria                            extinctions of native Hawaiian birds as               by ROD more than doubled between
                                                  transmission rate for iiwi was projected                a consequence, noting that the iiwi is                2015 and 2016. While ROD is presently
                                                  to result in population declines of 70 to               particularly vulnerable due to its high               reported only from the island of Hawaii,
                                                  90 percent for the species, depending on                susceptibility to malaria. Several                    it has spread across a large portion of
                                                  the emissions scenario.                                 independent studies project consistently              the island, which is home to 90 percent
                                                     All three of these studies consistently              significant negative impacts to the iiwi              of the current iiwi population. In some
                                                  predict a significant loss of disease-free              as a result of climate change and the                 areas, affected trees have been observed
                                                  habitat for iiwi with consequent severe                 increased exposure to avian malaria as                within the range of iiwi (Hughes 2016,
                                                  reductions in population size and                       disease-free habitats shrink. As iiwi are             pers. comm.). Hawaii Island is
                                                  distribution by the year 2100, with                     known to exhibit 95 percent mortality                 particularly important for the future of
                                                  significant changes likely to be observed               on average as a result of avian malaria,              iiwi, as iiwi are predicted to be largely
                                                  as early as 2040. As the iiwi’s numbers                 the current numbers of iiwi are of little             if not entirely restricted to that island
                                                  and distribution continue to decline, the               consequence should all or most of the                 under some future climate change
                                                  remaining small, isolated populations                   remaining individuals become exposed                  projections (Fortini et al. 2015, p. 9,
                                                  become increasingly vulnerable to loss                  to the disease in the future.                         Supplement 6).
                                                  of ohia forest habitat from other
                                                  stressors such as rapid ohia death, as                  Rapid Ohia Death                                      Evaluation of Existing Regulatory
                                                  well as other environmental                                Our species status report identified               Mechanisms and Conservation
                                                  catastrophes and demographic                            rapid ohia death (ROD), a type of                     Measures
                                                  stochasticity, particularly should all                  Ceratosystis spp. vascular wilt (fungal)                 Our species status report evaluated
                                                  remaining iiwi become restricted to a                   disease, as a factor with the potential to            several regulatory and other measures in
                                                  single island (Hawaii Island), as some                  exacerbate the impacts currently                      place today that might address or are
                                                  scenarios suggest.                                      affecting iiwi habitat and reduce the                 otherwise intended to ameliorate the
                                                     Climate change will likely exacerbate                amount of disease-free habitat                        stressors to iiwi. Our analysis concluded
                                                  other stressors to iiwi in addition to                  remaining by destroying high-elevation                that forest habitat protection,
                                                  disease. Changes in the amount and                      ohia forest. ROD was first detected in                conservation, and restoration has the
                                                  distribution of rainfall in Hawaii likely               2012 as ohia trees began mysteriously                 potential to benefit iiwi by protecting
                                                  will affect the quality and extent of                   dying within lowland forests of the                   and enhancing breeding and foraging
                                                  mesic and wet forests on which iiwi                     Puna Region of Hawaii Island. In June                 areas for the species while
                                                  depend. However, changes in the trade                   2015, researchers identified the disease              simultaneously reducing the abundance
                                                  wind inversion (which strongly                          as ROD with an estimated area at the                  of mosquito breeding sites, despite the
                                                  influences rainfall) and other aspects of               time of 15,000 ac (6,070 ha) of infected              disease vector’s (Culex
                                                  precipitation with climate change are                   ohia trees (Keith et al. 2015, pp. 1–2).              quinquefasciatus) 1-mi (1.6-km)
                                                  difficult to model with confidence (Chu                 ROD affects non-contiguous ohia forest                dispersal ability (LaPointe et al. 2009,
                                                  and Chen 2005, pp. 4,801–4,802; Cao et                  stands ranging in size from <1 ac (<0.4               pp. 408; 411–412; LaPointe et al. 2012,
                                                  al. 2007, pp. 1,158–1,159; Timm et al.                  ha) up to 247 ac (100 ha) with nearly all             p. 215).
                                                  2015, p. 107; Fortini et al. 2015, p. 5;                trees in these areas infected. At present                Efforts to restore and manage large,
                                                  Liao et al. 2015, p. 4,345). In addition,               the disease remains restricted to Hawaii              contiguous tracts of native forests have
                                                  potential increases in storm frequency                  island, with the largest affected area                been shown to benefit iiwi, especially
                                                  and intensity in Hawaii as a result of                  within the Puna District, where infected              when combined with fencing and
                                                  climate change may lead to an increase                  trees have been observed within                       ungulate removal (LaPointe et al. 2009,
                                                  in direct mortality of individual iiwi                  approximately 4,000 discontinuous                     p. 412; LaPointe et al. 2012, p. 219).
                                                  and a decline in the species’                           acres (1,619 ha) (Hughes 2016, pers.                  While forest restoration and ungulate
                                                  reproductive success. Currently, no                     comm.). Based upon the most recent                    management at the Hakalau Forest NWR
                                                  well-developed projections exist for                    research, ROD-infected stands of ohia                 on Hawaii Island are excellent examples
                                                  these possible cumulative effects.                      often initially show greater than 50                  of what is needed to increase iiwi
                                                                                                          percent mortality, and within 2 to 3                  abundance, many similar large-scale
                                                  Climate Change—Summary                                  years nearly 100 percent of trees in a                projects would be necessary rangewide
                                                    The natural susceptibility of native                  stand succumb to the disease (College of              to simply reduce mosquito abundance
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  forest birds to introduced diseases, in                 Tropical Agriculture and Human                        and protect the species from current
                                                  combination with the observed                           Resources 2016 (http://                               habitat threats alone. However, even
                                                  restriction of Hawaiian honeycreepers to                www2.ctahr.hawaii.edu/forestry/                       wide-scale landscape habitat
                                                  high-elevation forests, led Atkinson et                 disease/ohia_wilt.html)).                             management would be unable to fully
                                                  al. (1995, p. S68) to predict two decades                  Affected trees are found at elevations             address the present scope of the threat
                                                  ago that a shift in the current mosquito                ranging from sea level up to                          of disease, and sufficient high-elevation
                                                  distribution to higher elevations could                 approximately 5,000 ft (1,524 m),                     forest is not available to provide
                                                  be ‘‘disastrous for those species with                  including at Wailuku Forest near                      disease-free habitat for iiwi in the face


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                                                  64422               Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules

                                                  of future climate change. Even if                       iiwi populations and the stressors that               temperature, eventually eliminating
                                                  disease-free habitat within managed                     affect the species. This information                  most or all remaining disease-free
                                                  areas could be restored and protected                   includes, notably, a recent                           habitat in the islands. These models,
                                                  now, much of this habitat will lose its                 comprehensive analysis of iiwi                        which incorporate data on the
                                                  disease-free status as avian malaria                    abundance, distribution, and population               distribution of forest birds and on
                                                  moves upward in elevation in response                   trends (Paxton et al. 2013); numerous                 disease transmission, project moderate
                                                  to warming temperatures, as is                          studies that provide information on the               to high avian malaria transmission at
                                                  occurring already within the Alakai                     particularly high mortality of iiwi in                the highest elevations of the iiwi’s
                                                  Wilderness on the island of Kauai.                      response to avian malaria; and recent                 current range by the end of this century,
                                                     New opportunities are emerging, such                 models examining the current                          with some significant effects predicted
                                                  as large-scale vector control using new                 relationship between climate and                      within the next few decades. As a
                                                  genetics technology, that have the                      malaria, as well as the likely future                 consequence, significant declines in
                                                  potential to assist Hawaiian forest birds               consequences of climate change for iiwi               iiwi populations are projected, on the
                                                  (LaPointe et al. 2009, pp. 416–417;                     and other Hawaiian forest birds                       order of 70 to 90 percent by 2100,
                                                  Reeves et al. 2014, p. e97557; Gantz et                 (including Benning et al. 2002, Fortini               depending on the future climate
                                                  al. 2015, pp. E6736–E6743). These tools                 et al. 2013, and Liao et al. 2015). Our               scenario.
                                                  include the potential introduction of                   review also reflects the expert opinion
                                                  sterile male mosquitoes and transgenic                  of the species’ status report team                       The impacts of other stressors to iiwi,
                                                  insect techniques that introduce new                    members, and input provided by                        such as loss or degradation of native
                                                  genetic material into mosquito                          specialists familiar with avian malaria               forest by nonnative species (disturbance
                                                  populations, including self-sustaining                  and iiwi genetics. We direct the reader               or destruction by feral ungulates;
                                                  genes that will help drive an increase of               to the draft iiwi species status report for           invasion by nonnative plants; impacts
                                                  the new desirable trait, i.e., inability or             our detailed evaluation of the biological             from nonnative pathogens such as
                                                  decreased ability to transmit diseases                  status of the iiwi and the influences that            ROD), predation by rats and other
                                                  throughout a mosquito population,                       may affect its continued existence.                   nonnative predators, and small-
                                                  thereby improving long-term                                Once one of the most common of the                 population stressors such as
                                                  transmission control. While promising,                  native Hawaiian forest birds, the iiwi                demographic stochasticity and loss of
                                                  our report concludes that these new                     has declined across large portions of its             genetic diversity, have not been well
                                                  technologies for achieving large-scale                  range, has been extirpated or nearly so               documented or quantified. However,
                                                  control or eradication of mosquitoes in                 from some islands, and many of the few                any stressors that result in further
                                                  Hawaii are still in the research and                    remaining populations are declining.                  degradation or fragmentation of the
                                                  planning stage and have yet to be                       The iiwi’s range is contracting upslope               forests on which the iiwi relies for
                                                  implemented or proven effective.                        in most areas, and population declines                foraging and nesting, or result in
                                                     Our species status report also                       and range contraction are concurrent                  increased mortality or reduced
                                                  evaluated several regulations and                       with increasing prevalence of avian                   reproductive success, are likely to
                                                  agreements pertaining to climate                        malaria. Clear evidence exists that the               exacerbate the impacts of disease on the
                                                  change. Although the United States and                  iiwi is highly susceptible to avian                   species. The effects of climate change
                                                  some other countries have passed some                   malaria, and that the prevalence of this              are likely to exacerbate these other
                                                  regulations specifically intended to                    disease is moving upslope in Hawaiian                 stressors to iiwi as well.
                                                  reduce the emission of greenhouse gases                 forests correlated with temperature                      As the number and distribution of
                                                  that contribute to climate change, the                  increases associated with global climate              iiwi continue to decline, the remaining
                                                  scope and effect of such regulations are                change. The evidence suggests this                    small, isolated populations become
                                                  limited. Indeed, during the United                      disease and its trend of increasing                   increasingly vulnerable to
                                                  Nations Framework Convention on                         prevalence at increasing elevation are                environmental catastrophes and
                                                  Climate Change (UNFCCC) meeting in                      the chief drivers of observed iiwi                    demographic stochasticity; this will
                                                  December 2015, the UNFCCC indicated                     population declines and range                         particularly be the case should all
                                                  that, even if all the member countries’                 contraction. Although habitat                         remaining iiwi become restricted to
                                                  intended contributions to greenhouse                    management to reduce breeding habitat                 Hawaii Island, as some modeling
                                                  gas reductions were fully implemented                   for mosquitoes may have slowed the                    scenarios suggest. Ninety percent of the
                                                  and targets met, the goal of limiting the               decline of iiwi and other forest birds to             rangewide iiwi population is already
                                                  increase in global average temperature                  some degree in a few locations, no                    restricted to Hawaii Island, where ROD
                                                  to 2 °C (3.6 °F) by the year 2100 would                 landscape-scale plans or strategies exist
                                                                                                                                                                has recently emerged as a fast-moving
                                                  not be achieved.                                        for eradicating mosquitoes or otherwise
                                                                                                                                                                threat to the already limited ohia forest
                                                     Many of the efforts to tackle the                    reducing the risk posed by avian malaria
                                                                                                                                                                habitat required by iiwi.
                                                  primary stressors to iiwi are still in the              to iiwi and other susceptible Hawaiian
                                                  research and development stage, or are                  bird species.                                            In consideration of all of this
                                                  implemented only on a small or limited                     The documented trend of temperature                information, we conclude that avian
                                                  scale. Because the primary stressor,                    increase, which is greatest at high                   malaria, as exacerbated by the ongoing
                                                  avian malaria, continues to have                        elevation, is projected to continue at                effects of climate change, poses a threat
                                                  negative impacts, and these impacts are                 least through the 21st century. The                   to iiwi, and the action of these stressors
                                                                                                          transmission of avian malaria is                      places the species as a whole at an
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                                                  exacerbated by climate change, we must
                                                  conclude that no current conservation                   currently limited or absent at higher                 elevated risk of extinction. Because the
                                                  measures or regulations are sufficient to               elevations, where temperatures are too                vast majority of the remaining iiwi
                                                  offset these impacts to the species.                    cool for the development of the malaria               population is restricted to the island of
                                                                                                          parasite. However, multiple                           Hawaii, we consider rapid ohia death to
                                                  Summary of Biological Status and                        independent modeling efforts                          pose a threat to the future viability of
                                                  Threats                                                 consistently project that the prevalence              iiwi as well, as it may result in major
                                                    We have reviewed the best scientific                  of avian malaria will continue to                     loss of forest within the iiwi’s remaining
                                                  and commercial data available regarding                 increase upslope with increasing                      range on that island.


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                                                                      Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules                                          64423

                                                  Determination                                           diseases upon iiwi due to loss of                     iiwi by eliminating the native forest it
                                                     Section 4 of the Act (16 U.S.C. 1533),               disease-free habitat. Several iiwi                    requires for foraging and nesting.
                                                                                                          populations, including those on                          We do not have any information that
                                                  and its implementing regulations in title
                                                                                                          Molokai, Kauai, West Maui, and                        overutilization for commercial,
                                                  50 of the Code of Federal Regulations at
                                                                                                          possibly Oahu—all lower in elevation                  recreational, scientific, or educational
                                                  50 CFR part 424, set forth the
                                                                                                          than East Maui and Hawaii Island—are                  purposes (Factor B) poses a threat to
                                                  procedures for adding species to the
                                                                                                          already extremely small in size or are                iiwi.
                                                  Federal Lists of Endangered and                                                                                  The Act defines an endangered
                                                  Threatened Wildlife and Plants. Under                   represented by only a few occasional
                                                                                                          individuals, probably owing to the loss               species as any species that is ‘‘in danger
                                                  section 4(a)(1) of the Act, we may list a                                                                     of extinction throughout all or a
                                                  species based on (A) The present or                     of disease-free habitat. Iiwi may face
                                                                                                          extirpation in these places due to the                significant portion of its range’’ and a
                                                  threatened destruction, modification, or                                                                      threatened species as any species ‘‘that
                                                  curtailment of its habitat or range; (B)                inability to overcome the effects of
                                                                                                          malaria. The species is expected to first             is likely to become endangered
                                                  Overutilization for commercial,                                                                               throughout all or a significant portion of
                                                  recreational, scientific, or educational                become restricted to Hawaii Island,
                                                                                                          perhaps by the year 2040. By the end of               its range within the foreseeable future.’’
                                                  purposes; (C) Disease or predation; (D)                                                                       We considered whether the iiwi meets
                                                  The inadequacy of existing regulatory                   the century, the existence of iiwi is
                                                                                                          uncertain due to the ongoing loss of                  either of these definitions, and find that
                                                  mechanisms; or (E) Other natural or                                                                           the iiwi meets the definition of a
                                                  manmade factors affecting its continued                 disease-free habitat; the potential
                                                                                                          impacts to ohia forests from ROD and                  threatened species for the reasons
                                                  existence. Listing actions may be                                                                             described below.
                                                  warranted based on any of the above                     other stressors could increase the risk to
                                                                                                          iiwi as well. These threats to iiwi are                  We considered whether the iiwi is
                                                  threat factors, singly or in combination.                                                                     presently in danger of extinction and
                                                     We have carefully assessed the best                  ongoing, most are rangewide, are
                                                                                                          expected to increase in the future, and               determined that proposing endangered
                                                  scientific and commercial information                                                                         status is not appropriate. Although the
                                                  available regarding the past, present,                  are significant because they will likely
                                                                                                                                                                species has experienced significant
                                                  and future threats to the iiwi. As                      result in increased mortality of iiwi and
                                                                                                                                                                reductions in both abundance and
                                                  described in the species status report, in              loss of remaining populations, as well as
                                                                                                                                                                range, at the present time the species is
                                                  considering the five listing factors, we                further decreases in the availability and
                                                                                                                                                                still found on multiple islands and the
                                                  evaluated many potential stressors to                   amount of disease-free habitat at high
                                                                                                                                                                species as a whole still occurs in
                                                  iiwi, including but not limited to:                     elevation. As discussed above, current
                                                                                                                                                                relatively high numbers. Additionally,
                                                  Stressors that may affect the extent or                 regulatory mechanisms are not
                                                                                                                                                                disease-free habitat currently remains
                                                  quality of the bird’s ohia forest habitat               sufficient to address these threats
                                                                                                                                                                available for iiwi in high-elevation ohia
                                                  (ohia dieback, ohia rust, ROD, drought,                 (Factor D).
                                                                                                                                                                forests with temperatures sufficiently
                                                  fires, volcanic eruptions, nonnative                       Some of the other stressors                        cool to prevent the development of the
                                                  plants, and feral ungulates), introduced                contributed to past declines in iiwi, or              malarial parasite. For these reasons, we
                                                  diseases, predation by introduced                       negatively affect the species or its                  do not consider the iiwi to be in
                                                  mammals, competition with nonnative                     habitat today; however, of the additional             imminent danger of extinction, although
                                                  birds, ectoparasites, climate change, and               stressors considered, we found no                     this formerly common species has
                                                  the effects of small population size.                   information to suggest that any is                    experienced threats of such severity and
                                                  Based on our assessment, disease—                       currently a key factor in the ongoing                 magnitude that it has now become
                                                  particularly avian malaria—is the                       declines in abundance and range of iiwi,              highly vulnerable to continued decline
                                                  primary driver in the ongoing declines                  although they may be contributing or                  and local extirpation, such that the
                                                  in abundance and range of iiwi, and                     exacerbating factors. Habitat loss and                species is likely to become endangered
                                                  climate change substantially exacerbates                alteration (Factor A) caused by                       within the foreseeable future, as
                                                  the impact of disease on the species and                nonnative plants and ungulates is                     explained below.
                                                  will continue to do so into the future.                 occurring rangewide, has resulted in                     Based on our review of the best
                                                     The greatest current threat to iiwi                  degraded ohia forest habitat, and is not              scientific and commercial data
                                                  comes from exposure to introduced                       likely to be reduced in the future. While             available, we expect that additional iiwi
                                                  diseases carried by nonnative                           ohia forests still comprise the majority              population declines will be observed
                                                  mosquitoes (Factor C). Avian malaria in                 of native forest cover on most of the                 range-wide within the next few decades,
                                                  particular has been clearly                             main Hawaiian Islands, climate change                 and indications are that declines are
                                                  demonstrated to result in extremely                     and its likely effects, such as increased             already taking place on Kauai and in
                                                  high mortality of iiwi; avian pox may                   drought frequency, are expected to                    some Maui and Hawaii Island
                                                  have significant effects on iiwi as well,               further affect ohia forest habitat and                populations as a result of increasing
                                                  although the evidence is not as clear or                compound other impacts, including the                 temperatures and consequent exposure
                                                  measurable. These diseases have                         spread of invasive plants and perhaps                 to avian malaria at some elevations
                                                  resulted in significant losses of the once              the severity and frequency of ohia                    where the disease is uncommon or
                                                  ubiquitous iiwi, which remains highly                   diseases. In particular, the rapidly                  absent today. Iiwi has a very high
                                                  susceptible and, as of present, shows no                spreading and highly lethal disease,                  observed mortality rate when exposed to
                                                  clear indication of having developed                    rapid ohia death, poses an increasing                 avian malaria, and the warming effects
                                                  substantial resistance or tolerance.                    risk to the native forest habitat of iiwi             of climate change will result in
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                                                  Exposure to these diseases is ongoing,                  on Hawaii Island, where 90 percent of                 increased exposure of the remaining
                                                  and is expected to increase as a                        remaining iiwi occur. This emerging                   iiwi populations to this disease,
                                                  consequence of the effects of climate                   factor has the potential to exacerbate                especially at high elevation. Peer-
                                                  change (Factor E).                                      avian disease and other stressors in the              reviewed results of modeling
                                                     Several climate model projections                    future by accelerating the loss and                   experiments project that malaria
                                                  predict that continued increases in                     degradation of iiwi’s habitat. If this                transmission rates and effects on iiwi
                                                  temperature due to climate change will                  disease becomes widespread, it could                  populations will begin increasing at
                                                  greatly exacerbate the impacts of avian                 further increase the vulnerability of the             high elevations by mid-century, and


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                                                  64424               Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules

                                                  result in population declines of 70 to 90               sustaining, and functioning components                management actions that promote the
                                                  percent by the year 2100. We thus                       of their ecosystems.                                  protection or recovery of the iiwi.
                                                  conclude that the iiwi is likely to                        Recovery planning includes the                     Information on our grant programs that
                                                  become in danger of extinction                          development of a recovery outline                     are available to aid species recovery can
                                                  throughout all of its range within the                  shortly after a species is listed and                 be found at: http://www.fws.gov/grants.
                                                  foreseeable future. Because the iiwi is                 preparation of a draft and final recovery                Although the iiwi is only proposed for
                                                  not in imminent danger of extinction,                   plan. The recovery outline guides the                 listing under the Act at this time, please
                                                  but is likely to become in danger of                    immediate implementation of urgent                    let us know if you are interested in
                                                  extinction within the foreseeable future,               recovery actions and describes the                    participating in recovery efforts for this
                                                  it meets the definition of a threatened                 process to be used to develop a recovery              species. Additionally, we invite you to
                                                  species. Therefore, on the basis of the                 plan. Revisions of the plan may be done               submit any new information on this
                                                  best available scientific and commercial                to address continuing or new threats to               species whenever it becomes available
                                                  information, we propose listing the iiwi                the species, as new substantive                       and any information you may have for
                                                  as threatened in accordance with                        information becomes available. The                    recovery planning purposes (see FOR
                                                  sections 3(20) and 4(a)(1) of the Act.                  recovery plan also identifies recovery                FURTHER INFORMATION CONTACT).
                                                     Under the Act and our implementing                   criteria for review of when a species                    Section 7(a) of the Act requires
                                                  regulations, a species may warrant                      may be ready for downlisting or                       Federal agencies to evaluate their
                                                  listing if it is endangered or threatened               delisting, and methods for monitoring                 actions with respect to any species that
                                                  throughout all or a significant portion of              recovery progress. Recovery plans also                is proposed or listed as an endangered
                                                  its range. Because we have determined                   establish a framework for agencies to                 or threatened species and with respect
                                                  that the iiwi is threatened throughout all              coordinate their recovery efforts and                 to its critical habitat, if any is
                                                  of its range, no portion of its range can               provide estimates of the cost of                      designated. Regulations implementing
                                                                                                          implementing recovery tasks. Recovery                 this interagency cooperation provision
                                                  be ‘‘significant’’ for purposes of the
                                                                                                          teams (composed of species experts,                   of the Act are codified at 50 CFR part
                                                  definitions of ‘‘endangered species’’ and
                                                                                                          Federal and State agencies,                           402. Section 7(a)(4) of the Act requires
                                                  ‘‘threatened species.’’ See the Final
                                                                                                          nongovernmental organizations, and                    Federal agencies to confer with the
                                                  Policy on Interpretation of the Phrase
                                                                                                          other qualified persons) are often                    Service on any action that is likely to
                                                  ‘‘Significant Portion of Its Range’’ in the
                                                                                                          established to develop recovery plans.                jeopardize the continued existence of a
                                                  Endangered Species Act’s Definitions of
                                                                                                          When completed, the recovery outline,                 species proposed for listing or result in
                                                  ‘‘Endangered Species’’ and ‘‘Threatened
                                                                                                          draft recovery plan, and the final                    destruction or adverse modification of
                                                  Species’’ (79 FR 37577; July 1, 2014).
                                                                                                          recovery plan for iiwi will be available              proposed critical habitat. If a species is
                                                  Available Conservation Measures                         on our Web site (http://www.fws.gov/                  listed subsequently, section 7(a)(2) of
                                                                                                          endangered), or from our Pacific Islands              the Act requires Federal agencies to
                                                    Conservation measures provided to                                                                           ensure that activities they authorize,
                                                                                                          Fish and Wildlife Office (see FOR
                                                  species listed as endangered or                                                                               fund, or carry out are not likely to
                                                                                                          FURTHER INFORMATION CONTACT). The
                                                  threatened species under the Act                                                                              jeopardize the continued existence of
                                                                                                          public will have an opportunity to
                                                  include recognition, recovery actions,                                                                        the species or destroy or adversely
                                                                                                          comment on the draft recovery plan,
                                                  requirements for Federal protection, and                                                                      modify its critical habitat. If a Federal
                                                                                                          and the Service will consider all
                                                  prohibitions against certain practices.                                                                       action may affect a listed species or its
                                                                                                          information presented during the public
                                                  Recognition from listing will result in                 comment period prior to approval of the               critical habitat, the responsible Federal
                                                  public awareness and conservation by                    plan.                                                 agency must enter into consultation
                                                  Federal, State, Tribal, and local                          Implementation of recovery actions                 with the Service.
                                                  agencies, private organizations, and                    generally requires the participation of a                Federal agency actions within the
                                                  individuals. The Act encourages                         broad range of partners, including other              iiwi’s habitat that may require a
                                                  cooperation with the States and other                   Federal agencies, States, Tribes,                     conference or consultation or both as
                                                  countries and calls for recovery actions                nongovernmental organizations,                        described in the preceding paragraph,
                                                  to be carried out for listed species. The               businesses, and private landowners.                   include but are not limited to,
                                                  protection required by Federal agencies                 Examples of recovery actions include                  management and any other landscape-
                                                  and the prohibitions against certain                    habitat restoration (e.g., restoration of             altering activities on Federal lands
                                                  activities are discussed, in part, below.               native vegetation), research, captive                 administered by the U.S. Fish and
                                                    The primary purpose of the Act is the                 propagation and reintroduction, and                   Wildlife Service, U.S. Forest Service,
                                                  conservation of endangered and                          outreach and education. The recovery of               and National Park Service; actions
                                                  threatened species and the ecosystems                   many listed species cannot be                         within the jurisdiction of the Natural
                                                  upon which they depend. The ultimate                    accomplished solely on Federal lands                  Resources Conservation Service, the
                                                  goal of such conservation efforts is the                because their range may occur primarily               U.S. Army Corps of Engineers, the U.S.
                                                  recovery of these listed species, so that               or solely on non-Federal lands. To                    Fish and Wildlife Service, and branches
                                                  they no longer need the protective                      achieve recovery of these species                     of the Department of Defense (DOD);
                                                  measures of the Act. Subsection 4(f) of                 requires cooperative conservation efforts             and activities funded or authorized
                                                  the Act calls for the Service to develop                on private, State, and Tribal lands. If               under the Federal Highway
                                                  and implement recovery plans for the                    this species is listed, funding for                   Administration, Partners for Fish and
                                                  conservation of endangered and                          recovery actions will be available from               Wildlife Program, and DOD
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                                                  threatened species. The recovery                        a variety of sources, including Federal               construction activities related to
                                                  planning process involves the                           budgets, State programs, and cost-share               training or other military missions.
                                                  identification of actions that are                      grants for non-Federal landowners, the                   Under section 4(d) of the Act, the
                                                  necessary to halt or reverse the species’               academic community, and                               Service has discretion to issue
                                                  decline by addressing the threats to its                nongovernmental organizations. In                     regulations that we find necessary and
                                                  survival and recovery. The goal of this                 addition, pursuant to section 6 of the                advisable to provide for the
                                                  process is to restore listed species to a               Act, the State of Hawaii would be                     conservation of threatened species. We
                                                  point where they are secure, self-                      eligible for Federal funds to implement               are not proposing to issue a special rule


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                                                                      Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules                                                    64425

                                                  pursuant to section 4(d) for this species.               including the construction of any                     National Environmental Policy Act (42
                                                  Therefore, the provisions of 50 CFR                      infrastructure (e.g., roads, bridges,                 U.S.C. 4321 et seq.)
                                                  17.31(a) and (b) would apply. These                      railroads, pipelines, utilities) in                      We have determined that
                                                  regulatory provisions apply the                          occupied iiwi habitat;                                environmental assessments and
                                                  prohibitions of section 9(a)(1) of the Act                 (2) Unauthorized collecting, handling,              environmental impact statements, as
                                                  to threatened wildlife and make it                       possessing, selling, delivering, carrying,            defined under the authority of the
                                                  illegal for any person subject to the                    or transporting of the species, including             National Environmental Policy Act
                                                  jurisdiction of the United States to take                import or export across State lines and               (NEPA; 42 U.S.C. 4321 et seq.), need not
                                                  (which includes harass, harm, pursue,                    international boundaries, except for                  be prepared in connection with listing
                                                  hunt, shoot, wound, kill, trap, capture,                 properly documented antique                           a species as an endangered or
                                                  or collect; or to attempt any of these)                  specimens of this species at least 100                threatened species under the
                                                  threatened wildlife within the United                    years old, as defined by section 10(h)(1)             Endangered Species Act. We published
                                                  States or on the high seas. In addition,                 of the Act;                                           a notice outlining our reasons for this
                                                  it is unlawful to import; export; deliver,                 (3) Introduction of nonnative species               determination in the Federal Register
                                                  receive, carry, transport, or ship in                    that compete with or prey upon the iiwi,              on October 25, 1983 (48 FR 49244).
                                                  interstate or foreign commerce in the                    such as the new introduction of
                                                  course of commercial activity; or sell or                nonnative predators or competing birds                References Cited
                                                  offer for sale in interstate or foreign                  to the State of Hawaii; and                             A complete list of references cited in
                                                  commerce any listed species. It is also                    (4) Certain research activities:                    this rulemaking is available on the
                                                  illegal to possess, sell, deliver, carry,                Collection and handling of iiwi for                   Internet at http://www.regulations.gov at
                                                  transport, or ship any such wildlife that                research that may result in displacement              Docket No. FWS–R1–ES–2016–0057 and
                                                  has been taken illegally. Certain                        or death of individuals.                              upon request from the Pacific Islands
                                                  exceptions apply to employees of the                                                                           Fish and Wildlife Office (see FOR
                                                  Service, the National Marine Fisheries                     Questions regarding whether specific
                                                                                                           activities would constitute a violation of            FURTHER INFORMATION CONTACT).
                                                  Service, other Federal land management
                                                  agencies, and State conservation                         section 9 of the Act should be directed               Authors
                                                  agencies.                                                to the Pacific Islands Fish and Wildlife
                                                                                                           Office, Ecological Services Field Office                 The primary authors of this proposed
                                                     We may issue permits to carry out                                                                           rule are the staff members of the Pacific
                                                  otherwise prohibited activities                          (see FOR FURTHER INFORMATION CONTACT).
                                                                                                                                                                 Islands Fish and Wildlife Office.
                                                  involving threatened wildlife under                      Required Determinations
                                                  certain circumstances. Regulations                                                                             List of Subjects in 50 CFR Part 17
                                                  governing permits are codified at 50                     Clarity of the Rule
                                                                                                                                                                   Endangered and threatened species,
                                                  CFR 17.32. With regard to threatened                        We are required by Executive Orders                Exports, Imports, Reporting and
                                                  wildlife, a permit may be issued for the                 12866 and 12988 and by the                            recordkeeping requirements,
                                                  following purposes: For scientific                       Presidential Memorandum of June 1,                    Transportation.
                                                  purposes, to enhance the propagation or                  1998, to write all rules in plain
                                                  survival of the species, or for incidental                                                                     Proposed Regulation Promulgation
                                                                                                           language. This means that each rule we
                                                  take in connection with otherwise                        publish must:                                           Accordingly, we propose to amend
                                                  lawful activities. There are also certain                   (1) Be logically organized;                        part 17, subchapter B of chapter I, title
                                                  statutory exemptions from the                               (2) Use the active voice to address                50 of the Code of Federal Regulations,
                                                  prohibitions, which are found in                         readers directly;                                     as set forth below:
                                                  sections 9 and 10 of the Act.
                                                     It is our policy, as published in the                    (3) Use clear language rather than                 PART 17—ENDANGERED AND
                                                  Federal Register on July 1, 1994 (59 FR                  jargon;                                               THREATENED WILDLIFE AND PLANTS
                                                  34272), to identify to the maximum                          (4) Be divided into short sections and
                                                  extent practicable at the time a species                 sentences; and                                        ■ 1. The authority citation for part 17
                                                  is listed, those activities that would or                   (5) Use lists and tables wherever                  continues to read as follows:
                                                  would not constitute a violation of                      possible.                                               Authority: 16 U.S.C. 1361–1407; 1531–
                                                  section 9 of the Act. The intent of this                    If you feel that we have not met these             1544; 4201–4245; unless otherwise noted.
                                                  policy is to increase public awareness of                requirements, send us comments by one                 ■ 2. In § 17.11(h), add an entry for ‘‘Iiwi
                                                  the effect of a proposed listing on                      of the methods listed in ADDRESSES. To                (honeycreeper)’’ to the List of
                                                  proposed and ongoing activities within                   better help us revise the rule, your                  Endangered and Threatened Wildlife in
                                                  the range of the species proposed for                    comments should be as specific as                     alphabetical order under BIRDS to read
                                                  listing. Based on the best available                     possible. For example, you should tell                as set forth below:
                                                  information, actions that may result in                  us the numbers of the sections or
                                                  a violation of section 9 include but are                 paragraphs that are unclearly written,                § 17.11 Endangered and threatened
                                                  not limited to:                                          which sections or sentences are too                   wildlife.
                                                     (1) Development of land or the                        long, the sections where you feel lists or            *       *    *        *     *
                                                  conversion of native ohia forest,                        tables would be useful, etc.                              (h) * * *
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                                                                                                   Listing citations and applicable
                                                           Common name                               Scientific name                        Where listed               Status                     rules


                                                            *                       *                        *                      *                       *                      *                    *
                                                  BIRDS




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                                                  64426                  Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules

                                                                                                                                                                                              Listing citations and applicable
                                                            Common name                                   Scientific name                          Where listed                  Status                      rules

                                                            *                          *                      *                          *                        *                            *                   *
                                                  Iiwi (honeycreeper) ....................    Drepanis coccinea ....................   Wherever found ........................   T            [Federal Register citation
                                                                                                                                                                                                 when published as a final
                                                                                                                                                                                                 rule].

                                                             *                         *                          *                        *                        *                         *                    *



                                                    Dated: September 2, 2016.                                   #!docketDetail;D=NOAA-NMFS-2016-                           responsibilities associated with
                                                  Bryan Arroyo,                                                 0125, click the ‘‘Comment Now!’’ icon,                     industry-funded monitoring for NMFS
                                                  Acting Director, U.S. Fish and Wildlife                       complete the required fields, and enter                    and the fishing industry; (2) a process
                                                  Service.                                                      or attach your comments;                                   for fishery management plan-specific
                                                  [FR Doc. 2016–22592 Filed 9–19–16; 8:45 am]                      • Mail: John K. Bullard, Regional                       industry-funded monitoring to be
                                                  BILLING CODE 4333–15–P                                        Administrator, NMFS, Greater Atlantic                      implemented via a future framework
                                                                                                                Regional Fisheries Office, 55 Great                        adjustment action; (3) standard
                                                                                                                Republic Drive, Gloucester, MA 01930.                      administrative requirements for
                                                  DEPARTMENT OF COMMERCE                                        Mark the outside of the envelope                           industry-funded monitoring service
                                                                                                                ‘‘Comments on IFM Omnibus                                  providers; (4) a process to prioritize
                                                  National Oceanic and Atmospheric                              Amendment;’’                                               industry-funded monitoring programs in
                                                  Administration                                                   • Comments may also be provided                         order to allocate available Federal
                                                                                                                verbally at any of the five public                         resources across all fishery management
                                                  50 CFR Part 648                                               hearings. See SUPPLEMENTARY                                plans; and (5) a process for monitoring
                                                                                                                INFORMATION for dates, times, and                          set-aside programs to be implemented
                                                  RIN 0648–XE888                                                locations.                                                 via a future framework adjustment
                                                  Mid-Atlantic Fishery Management                               FOR FURTHER INFORMATION CONTACT:                           action.
                                                  Council (MAFMC); New England                                  Daniel Luers, Fishery Management                              This amendment also includes
                                                  Fishery Management Council                                    Specialist, (978) 282–8457. The IFM                        industry-funded monitoring coverage
                                                  (NEFMC); Public Hearings                                      Amendment will be available on the                         target alternatives for the Atlantic
                                                                                                                NMFS Greater Atlantic Regional Office                      herring and mackerel fisheries.
                                                  AGENCY:  National Marine Fisheries                            Web site                                                   Specifically, this amendment considers
                                                  Service (NMFS), National Oceanic and                          (www.greateratlantic.fisheries.noaa.gov)                   a variety of monitoring types and
                                                  Atmospheric Administration (NOAA),                            and the Council Web sites                                  coverage targets to address the following
                                                  Commerce.                                                     (www.mafmc.org, www.nefmc.org)                             goals: (1) Accurate estimates of catch
                                                  ACTION: Notice of public hearings;                            starting on September 23, 2016. In                         (retained and discarded); (2) accurate
                                                  request for comments.                                         addition, please visit any of the Web                      catch estimates for incidental species for
                                                                                                                sites for details on meeting locations,                    which catch caps apply; and (3)
                                                  SUMMARY:    The Mid-Atlantic and New                          webinar listen-in access, and public                       effective and affordable monitoring for
                                                  England Fishery Management Councils                           hearing materials.                                         the herring and mackerel fisheries.
                                                  are developing an omnibus amendment
                                                                                                                SUPPLEMENTARY INFORMATION: The Mid-
                                                  to allow for industry-funded                                                                                             Public Hearings
                                                                                                                Atlantic and the New England Fishery
                                                  monitoring. This amendment includes                                                                                         The dates and locations of the public
                                                                                                                Management Councils have initiated an
                                                  omnibus alternatives that would modify                                                                                   hearings are as follows.
                                                                                                                amendment to allow for industry-
                                                  all the fishery management plans                                                                                            • Tuesday, October 4, 2016, 6–8 p.m.,
                                                                                                                funded monitoring in all of the fishery
                                                  managed by the Mid-Atlantic and New                                                                                      Greater Atlantic Regional Fisheries
                                                                                                                management plans managed by the
                                                  England Fishery Management Councils                           Councils. The industry-funded                              Office, 55 Great Republic Drive,
                                                  to allow for standardized and                                 monitoring would be used to assess the                     Gloucester, MA 01930, telephone: (978)
                                                  streamlined development of future                             amount and type of catch, more                             281–9300;
                                                  industry-funded monitoring programs.                          precisely monitor annual catch limits,                        • Monday, October 17, 2016, 5–7
                                                  Additionally, this amendment includes                         and provide other information for                          p.m., Internet webinar, connection
                                                  alternatives for new industry-funded                          management. This increased monitoring                      information to be available at (http://
                                                  monitoring programs for the Atlantic                          would be above coverage required under                     mafmc.adobeconnect.com/ifm-hearing/)
                                                  Herring Fishery Management Plan and                           the standardized bycatch reporting                         or by contacting NMFS or either Council
                                                  the Atlantic Mackerel, Squid, and                             methodology, the Endangered Species                        at the above addresses.
                                                  Butterfish Fishery Management Plan.                           Act, or the Marine Mammal Protection                          • Thursday, October 20, 2016, 6–8
                                                  DATES: Written comments on the                                Act. The amount of available Federal                       p.m., Double Tree by Hilton Hotels, 363
                                                  Industry-Funded Monitoring Omnibus                            funding to support additional                              Maine Mall Road, Portland, ME 04106,
                                                  Amendment (IFM Amendment) will be                             monitoring and legal constraints                           telephone: (207) 775–6161;
                                                  accepted from Friday, September 23,                           associated with sharing the costs of                          • Thursday, October 27, 2016, 5–7
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  2016, until Monday, November 7, 2016.                         industry-funded monitoring between                         p.m., Congress Hall, 200 Congress Place,
                                                  ADDRESSES: You may submit written                             NMFS and the fishing industry have                         Cape May, NJ 08204, telephone: (888)
                                                  comments by any of the following                              recently prevented NMFS from                               944–1816;
                                                  methods:                                                      approving proposals for industry-                             • Tuesday, November 1, 2016, 6–8
                                                     • Electronic Submission: Submit all                        funded monitoring in some fisheries.                       p.m., Corless Auditorium, Watkins
                                                  electronic public comments via the                               The Omnibus Alternatives consider                       Building University of Rhode Island
                                                  Federal e-Rulemaking Portal. Go to                            the following for new industry-funded                      Graduate School of Oceanography, 218
                                                  www.regulations.gov/                                          monitoring programs: (1) Standard cost                     Ferry Road, Narragansett, RI 02874.


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Document Created: 2018-02-09 13:20:08
Document Modified: 2018-02-09 13:20:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
Action12-Month petition finding; proposed rule.
DatesWe will accept comments received or postmarked on or before November 21, 2016. Comments submitted electronically using the Federal
ContactMary Abrams, Field Supervisor, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Room 3-122, Honolulu, HI 96850; by telephone (808-792-9400); or by facsimile (808- 792-9581). Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877- 8339.
FR Citation81 FR 64414 
RIN Number1018-BB54
CFR AssociatedEndangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation

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