Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Flying Earwig Hawaiian Damselfly (Megalagrion nesiotes, 32490-32510 [E9-16087]
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Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Proposed Rules
rules governing permissible ex parte
contacts.
For information regarding proper
filing procedures for comments, see 47
CFR 1.415 and 1.420.
List of Subjects in 47 CFR Part 73
Television, Television broadcasting.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 73 as follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336.
§ 73.622
[Amended]
2. Section 73.622(i), the PostTransition Table of DTV Allotments
under New Mexico, is amended by
adding DTV channel *8 and removing
DTV channel *9 at Santa Fe.
Federal Communications Commission.
Clay C. Pendarvis,
Associate Chief, Video Division, Media
Bureau.
[FR Doc. E9–16089 Filed 7–7–09; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 09–1432; MB Docket No. 09–111; RM–
11541]
Television Broadcasting Services;
Colorado Springs, CO
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AGENCY: Federal Communications
Commission.
ACTION: Proposed rule.
SUMMARY: The Commission has before it
a petition for rulemaking filed by Gray
Television Licensee, LLC (‘‘Gray’’), the
licensee of station KKTV(TV), DTV
channel 10, Colorado Springs, Colorado.
Gray requests the substitution of DTV
channel 49 for channel 10 at Colorado
Springs.
DATES: Comments must be filed on or
before July 23, 2009, and reply
comments on or before August 3, 2009.
ADDRESSES: Federal Communications
Commission, Office of the Secretary,
445 12th Street, SW., Washington, DC
20554. In addition to filing comments
with the FCC, interested parties should
serve counsel for petitioner as follows:
John M. Burgett, Esq., Wiley Rein LLP,
1776 K Street, NW., Washington, DC
20006.
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FOR FURTHER INFORMATION CONTACT:
Joyce L. Bernstein,
Joyce.Bernstein@fcc.gov, Media Bureau,
(202) 418–1600.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Notice of
Proposed Rule Making, MB Docket No.
09–11, adopted June 25, 2009, and
released June 26, 2009. The full text of
this document is available for public
inspection and copying during normal
business hours in the FCC’s Reference
Information Center at Portals II, CY–
A257, 445 12th Street, SW.,
Washington, DC 20554. This document
will also be available via ECFS (https://
www.fcc.gov/cgb/ecfs/). (Documents
will be available electronically in ASCII,
Word 97, and/or Adobe Acrobat.) This
document may be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–478–3160 or via e-mail https://
www.BCPIWEB.com. To request this
document in accessible formats
(computer diskettes, large print, audio
recording, and Braille), send an e-mail
to fcc504@fcc.gov or call the
Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY). This document does not contain
proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any proposed information
collection burden ‘‘for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding. Members of the public
should note that from the time a Notice
of Proposed Rule Making is issued until
the matter is no longer subject to
Commission consideration or court
review, all ex parte contacts are
prohibited in Commission proceedings,
such as this one, which involve channel
allotments. See 47 CFR 1.1204(b) for
rules governing permissible ex parte
contacts.
For information regarding proper
filing procedures for comments, see 47
CFR 1.415 and 1.420.
List of Subjects in 47 CFR Part 73
Television, Television broadcasting.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
Part 73 as follows:
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PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336.
§ 73.622(i)
[Amended]
2. Section 73.622(i), the PostTransition Table of DTV Allotments
under Colorado, is amended by adding
DTV channel 49 and removing DTV
channel 10 at Colorado Springs.
Federal Communications Commission.
Clay C. Pendarvis,
Associate Chief, Video Division, Media
Bureau.
[FR Doc. E9–16128 Filed 7–7–09; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R1-ES-2009-0036; 92210-1111-0000B2]
RIN 1018-AV47
Endangered and Threatened Wildlife
and Plants; Proposed Endangered
Status for Flying Earwig Hawaiian
Damselfly (Megalagrion nesiotes) and
Pacific Hawaiian Damselfly (M.
pacificum) Throughout Their Ranges
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), propose to
list two species of Hawaiian damselflies,
the flying earwig Hawaiian damselfly
(Megalagrion nesiotes) and the Pacific
Hawaiian damselfly (M. pacificum), as
endangered under the Endangered
Species Act of 1973, as amended (Act).
If we finalize this rule as proposed, it
would extend the Act’s protections to
these species. We have determined that
critical habitat for these two Hawaiian
damselflies is prudent, but not
determinable at this time.
DATES: We will accept comments
received on or before September 8,
2009. We must receive requests for
public hearings, in writing, at the
address shown in the FOR FURTHER
INFORMATION CONTACT section by August
24, 2009.
ADDRESSES: You may submit comments
by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments to
Docket No. FWS-R1-ES-2009-0036.
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• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS-R1ES-2009-0036; Division of Policy and
Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Public Comments section below for
more information).
FOR FURTHER INFORMATION CONTACT: Gina
Shultz, Deputy Field Supervisor, Pacific
Islands Fish and Wildlife Office, 300
Ala Moana Boulevard, Box 50088,
Honolulu, HI 96850; telephone 808-7929400; facsimile 808-792-9581. Persons
who use a telecommunications device
for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 800877-8339.
SUPPLEMENTARY INFORMATION:
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Public Comments
We intend that any final action
resulting from this 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 suggestions on this
proposed rule from the public, other
concerned governmental agencies, the
scientific community, industry, or any
other interested party concerning this
proposed rule. We particularly seek
comments concerning:
(1) Biological, commercial trade, or
other relevant data concerning threats
(or lack thereof) to these species and
regulations that may be addressing those
threats;
(2) Additional information concerning
the range, distribution, and population
sizes of these species, including the
locations of any additional populations
of these species;
(3) Any information on the biological
or ecological requirements of these
species;
(4) Current or planned activities in the
areas occupied by these species and
their possible impacts on these species;
(5) Which physical and biological
factors are essential to the conservation
of each species and whether those
features may require special
management considerations or
protections;
(6) Which specific areas area essential
to the conservation of each species; and
(7) The reasons why any areas should
or should not be designated as critical
habitat as provided by section 4 of the
Endangered Species Act of 1973, as
amended (Act) (16 U.S.C. 1531 et seq.),
including whether the benefits of
designation would outweigh the threats
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to the species that designation could
cause, such that the designation of
critical habitat is prudent.
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 the
ADDRESSES section.
If you submit a comment via https://
www.regulations.gov, your entire
comment—including any personal
identifying information—will be posted
on the website. 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 https://www.regulations.gov. Please
include sufficient information with your
comments to allow us to verify any
scientific or commercial information
you include.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this proposed rule,
will be available for public inspection at
https://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).
You may obtain copies of the
proposed rule by mail from the Pacific
Islands Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT) or by
visiting the Federal eRulemaking Portal
at https://www.regulations.gov.
Background
Previous Federal Actions
The candidate status of each of the
two damselfly species proposed here for
listing, the flying earwig Hawaiian
damselfly and the Pacific Hawaiian
damselfly, was most recently reassessed
and affirmed in the December 6, 2007,
Notice of Review of Native Species that
are Candidates for Listing as
Endangered or Threatened (CNOR) (72
FR 69034). Candidate species are those
taxa for which the Service has sufficient
information on their biological status
and threats to propose them for listing
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under the Act, but for which the
development of a listing regulation has
been precluded by other higher priority
listing activities.
Both the flying earwig Hawaiian
damselfly and the Pacific Hawaiian
damselfly were first listed as candidate
species on May 22, 1984 (49 FR 21664).
The flying earwig Hawaiian damselfly
was listed as a Category 3A (C3A)
species, while the Pacific Hawaiian
damselfly was listed as a Category 2 (C2)
species. The flying earwig was removed
from the candidate list on November 21,
1991 (56 FR 58804), whereas the Pacific
Hawaiian damselfly retained its status
as a C2 species. On November 15, 1994
(59 FR 58982), the flying earwig
Hawaiian damselfly was added back to
the candidate list, this time as a C2
species, and the Pacific Hawaiian
damselfly was reclassified as a Category
1 species. In the Candidate Notice of
Review (CNOR) published on February
28, 1996, we announced a revised list of
plant and animal taxa that were
regarded as candidates for possible
addition to the Lists of Threatened and
Endangered Wildlife and Plants (61 FR
7595). This revision also included a new
ranking system, whereby each candidate
species was assigned a Listing Priority
Number (LPN) from 1 to 12. Both the
flying earwig Hawaiian damselfly and
the Pacific Hawaiian damselfly were
assigned an LPN of 2 on February 28,
1996 (61 FR 7595).
On May 4, 2004, the Center for
Biological Diversity petitioned the
Secretary of the Interior to list 225
species of plants and animals that were
already candidates, including these two
Hawaiian damselfly species, as
endangered or threatened under the
provisions of the Act. In our annual
CNOR, dated May 11, 2005 (70 FR
24870), we retained a listing priority
number of 2 for both of these species in
accordance with our priority guidance
published on September 21, 1983 (48 FR
43098). A listing priority number of 2
reflects threats that are both imminent
and high in magnitude, as well as the
taxonomic classification of each of these
two Hawaiian damselflies as distinct
species. At the time, we determined that
publication of a proposed rule to list
these species was precluded by our
work on higher priority listing actions.
Since then, we have published our
annual findings on the May 4, 2004,
petition (including our findings on these
two candidate species) in the CNORs
dated September 12, 2006 (71 FR
53756), December 6, 2007 (72 FR
69034), and December 10, 2008 (73 FR
75176).
In Fiscal year 2007, we determined
that funding was available to initiate
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work on listing determinations for these
two species and that work on listing
determinations was no longer precluded
by higher priority actions. As such, this
proposal constitutes our proposed
listing determination for these two
species.
Species Information
The Hawaiian Islands are well-known
for several spectacular evolutionary
radiations resulting in a unique insect
fauna found nowhere else in the world.
One such group, which began its
evolution perhaps as long as 10 million
years ago (Jordan et al. 2003, p. 89), is
the narrow-winged Hawaiian damselfly
genus Megalagrion. This genus appears
to be most closely related to species of
Pseudagrion elsewhere in the IndoPacific (Zimmerman 1948a, pp. 341,
345). The Megalagrion species of the
Hawaiian Islands have evolved to
occupy as many larval breeding niches
as all the rest of the world’s damselfly
species combined, and in terms of the
number of insular endemic (native to
only one island) species, are exceeded
only by the radiation of damselfly
species of Fiji in the Pacific (Jordan et
al. 2003, p. 91). Resembling slender
dragonflies, damselflies are
distinguished by folding their wings
parallel to the body while at rest rather
than holding them out perpendicular to
the body.
Native Hawaiians apparently did not
differentiate the various species, but
referred to the native damselflies (and
dragonflies) collectively as ‘‘pinau,’’ and
to the red-colored damselflies
specifically as ‘‘pin ao ula.’’ There has
been no traditional European use of a
common name for species in the genus
Megalagrion. In his 1994 taxonomic
review of the candidate species of
insects of the Hawaiian Islands, Nishida
(1994, pp. 4-7) proposed the name
‘‘Hawaiian damselflies’’ as the common
name for species in the genus
Megalagrion. Because this name reflects
the restricted distribution of these
insects and is nontechnical, the
common name ‘‘Hawaiian damselflies’’
is adopted for general use here, and we
use the accepted common names flying
earwig Hawaiian damselfly and Pacific
Hawaiian damselfly to identify the two
individual species addressed in this
proposed rule.
The general biology of Hawaiian
damselflies is typical of other narrowwinged damselflies (Polhemus and
Asquith 1996, pp. 2-7). The males of
most species are territorial, guarding
areas of habitat where females will lay
eggs (Moore 1983a, p. 89). During
copulation, and often while the female
lays eggs, the male grasps the female
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behind the head with terminal
abdominal appendages to guard the
female against rival males; thus males
and females are frequently seen flying in
tandem.
In most species of Hawaiian
damselflies, the immature larval stages
(naiads) are aquatic, breathing through
three flattened abdominal gills, and are
predaceous, feeding on small aquatic
invertebrates or fish (Williams 1936, p.
303). Females lay eggs in submerged
aquatic vegetation or in mats of moss or
algae on submerged rocks, and hatching
occurs in about 10 days (Williams 1936,
pp. 303, 306, 318; Evenhuis et al. 1995,
p. 18). Naiads may take up to 4 months
to mature (Williams 1936, p. 309), after
which they crawl out of the water onto
rocks or vegetation to molt into winged
adults, typically remaining close to the
aquatic habitat from which they
emerged. The Pacific Hawaiian
damselfly exhibits this typical aquatic
life history.
The naiads of some species of
Hawaiian damselflies are terrestrial or
semi-terrestrial, living on wet rock faces
or in damp terrestrial conditions,
inhabiting wet leaf litter or moist leaf
axils (the angled juncture of the leaf and
stem) of native plants up to several feet
above ground (Zimmerman 1970, p. 33;
Simon et al. 1984, p. 13; Polhemus and
Asquith 1996, p. 17). The naiads of
these terrestrial and semi-terrestrial
species have evolved short, thick, hairy
gills and in many species are unable to
swim (Polhemus and Asquith 1996, p.
75). The flying earwig Hawaiian
damselfly is believed to exhibit this
terrestrial or semi-terrestrial naiad life
history.
Adult damselflies are predaceous and
feed on small flying insects such as
midges. The adults of many of the
Hawaiian Megalagrion spp. are unusual
in that they have a highly developed
behavior of feigning death when caught
or attacked (Moore 1983b, pp. 161-165).
The Hawaiian damselflies are
represented by 23 species and 5
subspecies, and are found on 6 of the
Hawaiian Islands (Kauai, Oahu,
Molokai, Maui, Lanai, and Hawaii).
There are more species of Megalagrion
on the geologically older islands (e.g.,
12 species on Kauai) than on the
geologically youngest island (e.g., 8
species on Hawaii), and there are more
single-island endemic species on the
older islands (e.g., 10 on Kauai) than on
the youngest island (e.g., none on
Hawaii) (Jordan et al. 2003, p. 91).
Historically, Megalagrion damselflies
were among the most common and
conspicuous native Hawaiian insects.
Some species commonly inhabited
water gardens in residential areas,
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artificial reservoirs, and watercress
farms, and were even abundant in the
city of Honolulu, as noted by early
collectors of this group (Perkins 1899, p.
76; Perkins 1913, p. clxxviii; Williams
1936, p. 304).
Beginning with the early alteration of
streams and wetland systems by the
colonizing Hawaiians, followed by
extensive stream and wetland
conversion, alteration, and
modification, and by degradation of
native forests through the 20th century,
Hawaii’s native damselflies, including
the two species that are the subject of
this proposal, experienced a tremendous
reduction in available habitat. In
addition, predation by a number of
nonnative species that have been both
intentionally and, in some cases,
inadvertently introduced onto the
Hawaiian Islands is a significant and
ongoing threat to all native Hawaiian
damselflies.
Flying Earwig Hawaiian Damselfly
The flying earwig Hawaiian damselfly
was first described from specimens
collected in the 1890s in Puna on
Hawaii Island by R.C.L. Perkins (1899,
p. 72). Kennedy (1934, pp. 343-345)
described what was believed at the time
to be a new species of damselfly based
on specimens from Maui; these were
later determined to be synonymous with
the specimens collected by Perkins. The
flying earwig Hawaiian damselfly is a
comparatively large and elongated
species. The males are blue and black in
color and exhibit distinctive, greatly
enlarged, pincer-like cerci (paired
appendages on the rear-most segment of
the abdomen used to clasp the female
during mating). Females are
predominantly brownish in color. The
adults measure from 1.8 to 1.9 inches
(in) (46 to 50 millimeters (mm)) in
length and have a wingspan of 1.9 to 2.1
in (50 to 53 mm). The wings of both
sexes are clear except for the tips, which
are narrowly darkened along the front
margins. Naiads of this species have
never been collected or found
(Polhemus and Asquith 1996, p. 69), but
they are believed to be terrestrial or
semi-terrestrial in habit (Kennedy 1934,
p. 345; Preston 2007).
The biology of the flying earwig
Hawaiian damselfly is not well
understood, and it is unknown if this
species is more likely to be associated
with standing water or flowing water
(Kennedy 1934, p. 345; Polhemus 1994,
p. 40). The only confirmed population
found in the last 6 years occurs along a
steep, moist, riparian talus slope (a
slope formed by an accumulation of
rock debris), densely covered with
Dicranopteris linearis (uluhe), a native
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fern. Adults of the flying earwig
Hawaiian damselfly have been observed
to perch on vegetation and boulders,
and to fly slowly for short distances.
When disturbed, the adults fly
downward within nearby vegetation or
between rocks, rather than up and away
as is usually observed with aquatic
Hawaiian damselfly species. Although
immature individuals have not been
located, based on the habitat and the
behavior of the adults, it is believed that
the naiads are terrestrial or semiterrestrial, occurring among damp
leaflitter (Kennedy 1934, p. 345) or
possibly within moist soil or seeps
between boulders in suitable habitat
(Preston 2007). The highest elevation at
which this species has been recorded is
3,000 feet (ft) (914 meters (m)), but its
close association with uluhe habitat
suggests that its range may extend
upward to close to 4,000 ft (1,212 m)
(Foote 2007).
Historically, the flying earwig
Hawaiian damselfly was known from
the islands of Hawaii and Maui. On
Hawaii, it was originally known from
seven or more general localities. The
species has not been seen on Hawaii for
over 80 years, although extensive
surveys within apparently suitable
habitat in the Kau and Olaa areas were
conducted from 1997 to 2008 (Polhemus
2008). On Maui, the flying earwig
damselfly was historically reported from
five general locations on the windward
side of the island (Kennedy 1934, p.
345). Since the 1930s, however, the
flying earwig Hawaiian damselfly has
only been observed in a single area on
the windward side of east Maui, despite
surveys from 1993 through 2008 at
several of its historically occupied sites.
The last observation of the species on
windward east Maui was in 2005 (Foote
2008); the species was not observed
during the last survey at this location in
2008. No quantitative estimate of the
size of this remaining population is
available.
It is hypothesized that the flying
earwig Hawaiian damselfly may now be
restricted to what is perhaps suboptimal
habitat, where periodic absences of the
species due to drought may be expected
and might explain the lack of
observations of the species (Foote 2007).
Some researchers also believe that
overcollection of this species by
enthusiasts may have impacted some
populations in the past (Polhemus
2008). It is further possible that the
individuals observed in this area are
actually part of a larger population that
may be located in the extensive belt of
uluhe habitat located upslope, where
the habitat is predominantly native
shrubs and matted fern understory
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(Foote 2007; Hawaii Biodiversity and
Mapping Program (HBMP) 2006).
Unsurveyed areas containing potentially
suitable habitat for this species include
the Hana coast of east Maui, and the east
rift zone of Kilauea and the Kona area
on the island of Hawaii (Foote 2007).
Pacific Hawaiian Damselfly
The Pacific Hawaiian damselfly was
first described by McLachlan (1883, p.
234) based on specimens collected by
R.C.L. Perkins from streams on the
islands of Lanai and Maui. This
damselfly is a relatively small, darkcolored species, with adults measuring
from 1.3 to 1.4 in (34 to 37 mm) in
length and having a wingspan of 1.3 to
1.6 in (33 to 42 mm). Both adult males
and females are mostly black in color.
Males exhibit brick red striping and
patterns, while females exhibit light
green striping and patterns. The only
immature individuals of this species
that have been collected were earlyinstar (an intermoult stage of
development) individuals, and they
exhibit flattened, leaf-like gills
(Polhemus and Asquith 1996, p. 83).
This species is most easily
distinguished from other Hawaiian
damselflies by the extremely long lower
abdominal appendages of the male,
which greatly exceed the length of the
upper appendages.
Historically, the Pacific Hawaiian
damselfly was known from lower
elevations (below 2,000 ft (600 m)) on
all of the main Hawaiian Islands except
Kahoolawe and Niihau (Perkins 1899, p.
64). This species was known to breed
primarily in lentic (standing water)
systems such as marshes, seepage-fed
pools, large ponds at higher elevations,
and small, quiet pools in gulches that
have been cut off from the main stream
channel (Moore and Gagne 1982, p. 4;
Polhemus and Asquith 1996, p. 83). The
Pacific Hawaiian damselfly is no longer
found in most lentic habitats in Hawaii,
such as ponds and taro (Colocasia
esculenta) fields, due to predation by
nonnative fish that now occur in these
systems (Moore and Gagne 1982, p. 4;
Englund et al. 2007, p. 215).
Observations have confirmed that the
Pacific Hawaiian damselfly is now
restricted almost exclusively to seepagefed pools along overflow channels in the
terminal reaches of perennial streams,
usually in areas surrounded by thick
vegetation (Moore and Gagne 1982, pp.
3-4; Polhemus 1994, p. 54; Englund
1999, p. 236; Englund et al. 2007, p.
216; Polhemus 2007, p. 238). Adults
usually do not stray far from the vicinity
of the breeding pools, perching on
bordering vegetation and flying only
short distances when disturbed
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(Polhemus and Asquith 1996, p. 83).
This species is rarely seen along main
stream channels, and its ability to
disperse long distances over land or
water is suspected to be poor compared
to other Hawaiian damselflies (Jordan et
al. 2007, p. 254).
The Pacific Hawaiian damselfly is
now believed to be extirpated from the
islands of Oahu, Kauai, and Lanai
(Polhemus and Asquith 1996, p. 83). On
the island of Oahu, due to its
occupation of particularly vulnerable
habitat within sidepools of lowland
streams, the Pacific Hawaiian damselfly
was rare by the 1890s and appears to
have been extirpated from this island
since 1910 (Liebherr and Polhemus
1997, p. 494). It is unknown when the
Kauai and Lanai populations of the
Pacific Hawaiian damselfly
disappeared. Until 1998, it was believed
that the species may also have been
extirpated from the island of Hawaii.
That year, one population was
discovered within a small stream
located just above, but isolated from,
Maili Stream, which is known to be
occupied by nonnative fish (Englund
1998, pp. 15-16). By the late 1970s,
fewer than six populations of the Pacific
Hawaiian damselfly could be located on
Maui and Molokai (Harwood 1976, pp.
251-253; Gagne 1980, pp. 119, 125;
Moore and Gagne 1982, p. 1), and the
conservation of this species was
identified as a priority by the
International Union for the
Conservation of Nature and Natural
Resources (Moore 1982, p. 209).
The Pacific Hawaiian damselfly is
currently found in at least seven streams
on Molokai and may possibly be extant
in other, unsurveyed streams on
Molokai’s north coast that have not been
invaded by nonnative fish (Englund
2008). On the island of Maui, the
species is currently known from 14
streams. The Pacific Hawaiian damselfly
is no longer found along the entire
reaches of these Maui streams, but only
in restricted areas along each stream
where steep terrain prevents access by
nonnative fish, which inhabit degraded,
lower stream reaches (Polhemus and
Asquith 1996, p. 13; Englund et al.
2007, p. 215). The species is known
from a single population on the island
of Hawaii, last observed in 1998.
No quantitative estimates of the size
of the extant populations are available.
Howarth (1991, p. 490) described the
Pacific Hawaiian damselfly as the most
common and most widespread of the
native damselfly species at the end of
the 19th century, and yet a decline in
this species was observed as early as
1905 due to the effects of nonnative fish
introduced for control of mosquitoes.
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Summary of Factors Affecting the
Species
Section 4 of the Act (16 U.S.C. 1531
et seq.) and its implementing
regulations (50 CFR part 424) set forth
the procedures for adding species to the
Federal Lists of Endangered and
Threatened Wildlife and Plants. A
species may be determined to be an
endangered or threatened species due to
one or more of the five factors described
in section 4(a)(1) of the Act. These five
listing factors are: (A) The present or
threatened destruction, modification, or
curtailment of its habitat or range; (B)
overutilization for commercial,
recreational, scientific, or educational
purposes; (C) disease or predation; (D)
the inadequacy of existing regulatory
mechanisms; and (E) other natural or
manmade factors affecting its continued
existence. Listing a species as a
threatened or endangered species under
the Act may be warranted based on any
of the above threat factors, singly or in
combination.
The threats to the flying earwig and
Pacific Hawaiian damselfly species are
summarized according to the five listing
factors in Table 1, and discussed in
detail below.
TABLE 1. SUMMARY OF THREATS TO THE FLYING EARWING AND PACIFIC HAWAIIAN DAMSELFLY
SPECIES.
Threat
Flying Earwig Hawaiian
Damselfly
Factor
Pacific Hawaiian Damselfly
Agriculture/urban development
A
X
X
Stream alteration
A
P
X
Habitat modification by pigs
A
X
Habitat modification by nonnative plants
A
X
X
Stochastic events
A
X
X
Climate change
A
X
X
Overcollection
B
P
Predation
C
A, BF (P)
A, B, F, BF
Inadequate habitat protection
D
X
X
Inadequate protection from nonnative aquatic species introduction
D
X
X
Limited populations
E
X
X
A = ants
B = backswimmers
F = fish
Factor A. The Present or Threatened
Destruction, Modification, or
Curtailment of [Their] Habitat or Range
Freshwater habitats used by the flying
earwig and Pacific Hawaiian damselflies
on all of the main Hawaiian Islands
have been severely altered and degraded
because of past and present land and
water management practices, including:
agriculture and urban development;
development of ground water, perched
aquifer (aquifer sitting above main water
table), and surface water resources; and
the deliberate and accidental
introductions of nonnative animals
(Harris et al. 1993, pp. 12-13; Meier et
al. 1993, pp. 181-183).
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Habitat Destruction and Modification by
Agriculture and Urban Development
Although there has never been a
comprehensive, site-by-site assessment
of wetland loss in Hawaii (Erikson and
Puttock 2006, p. 40), Dahl (1990, p. 7)
estimated that at least 12 percent of
lowland to upper-elevation wetlands in
Hawaii had been converted to nonwetland habitat by the 1980s. If only
coastal plain (below 1,000 ft (305 m))
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BF = bullfrogs
P = potential threat
wetlands are considered, it is estimated
that 30 percent have been converted for
agricultural and urban development
(Kosaka 1990). These marshlands and
wetlands provided habitat for several
damselfly species, including the Pacific
Hawaiian damselfly.
Although extensive filling of
freshwater wetlands is rarely permitted
today, loss of riparian or wetland
habitats utilized by the Pacific and
flying earwig Hawaiian damselflies,
such as smaller areas of moist slopes,
emergent vegetations and narrow strips
of freshwater seeps within anchialine
pool complexes (landlocked bodies of
water with a subterranean connection to
the ocean), still occurs. In addition,
marshes have been, and continue to be,
slowly filled and converted to meadow
habitat due to increased sedimentation
resulting from increased storm water
runoff from upslope development, the
accumulation of uncontrolled growth of
invasive vegetation, and blockage of
downslope drainage (Wilson Okamoto &
Associates, Inc. 1993, pp. 3-4 to 3-5).
The effects of future conversion of
wetland and other aquatic habitat for
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agriculture and urban development are
immediate and significant for the
following reason: as noted above, an
estimated 30 percent of all coastal plain
wetlands in Hawaii have already been
lost to agriculture and urban
development, while the loss of lowland
freshwater habitat in Hawaii already
approaches 80 to 90 percent (Kosaka
1990). Lacking the aquatic habitat
features that the damselflies require for
essential life history needs, such as
marshes, ponds, and sidepools along
streams (Pacific Hawaiian damselfly)
and riparian habitat (flying earwig
Hawaiian damselfly), these modified
areas no longer support populations of
these two Hawaiian damselflies.
Agriculture and urban development
have thus contributed to the present
curtailment of the habitat of these two
Hawaiian damselflies, and we have no
indication that this threat is likely to be
significantly ameliorated in the near
future.
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Habitat Destruction and Modification by
Stream Diversion
Stream modifications began with the
early Hawaiians who diverted water to
irrigate taro. However, early diversions
often took no more than half the stream
flow, and typically were periodic, to
occasionally flood taro ponds year
round, rather than continuously flood
them (Handy and Handy 1972, pp. 5859).
The advent of plantation sugarcane
cultivation led to far more extensive
stream diversions, with the first
diversion built in 1856 on Kauai
(Wilcox 1996, p. 54). These systems
were designed to tap water at upper
elevations (above 984 ft (300 m)) by
means of a concrete weir in the stream
(Wilcox 1996, p. 54). All or most of the
low or average flow of the stream was,
and often still is, diverted into fields or
reservoirs, leaving many stream
channels completely dry (Takasaki et al.
1969, pp. 27-28; Harris et al. 1993, p. 12;
Wilcox 1996, p. 56).
By the 1930s, water diversions had
been developed on all of the main
Hawaiian Islands, and by 1978 the
stream flow in over one-half of all of the
366 perennial streams in Hawaii had
been altered in some manner (Brasher
2003, p. 1055). Some stream diversion
systems are extensive, such as the
Waiahole Ditch, which diverts water
from 37 streams within the range of the
Pacific Hawaiian damselfly on the
windward side of Oahu to the dry plains
on the leeward side of the island via a
tunnel cut through the Koolau mountain
range (Stearns and Vaksvik 1935, pp.
399-403). On west Maui, as of 1978,
over 49 mi (78 km) of stream habitat in
12 streams had been lost due to
diversions, and all of the 17 perennial
streams on west Maui are dewatered to
some extent (Maciolek 1979, p. 605).
This loss of stream habitat may have
contributed to the extirpation of the
Pacific Hawaiian damselfly population
on west Maui. Given the affiliation of
the flying earwig Hawaiian damselfly
with riparian habitats, this loss of
stream habitat may also potentially
account for its absence on west Maui.
Most lower-elevation stream segments
on west Maui are now completely dry,
except during storm-influenced flows
(Maciolek 1979, p. 605). The extensive
diversion of streams on Maui islandwide has reduced the amount of stream
habitat available to the Pacific Hawaiian
damselfly, and potentially to the flying
earwig Hawaiian damselfly as well.
In addition to diverting water for
agriculture and domestic water supply,
streams in Hawaii have also been
diverted for use in hydroelectric power.
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There are a total of 18 active
hydroelectric plants operating on
Hawaiian streams on the islands of
Hawaii, Kauai, and Maui, only one of
which is located on a stream where a
historical population of the Pacific
Hawaiian damselfly was known on
Kauai (Waimea). Another 38 sites have
been identified for potential
hydroelectric development on the
islands of Hawaii, Kauai, Maui, and
Molokai (Hawaii Stream Assessment
1990, pp. xxi, 96-97). Three of the
proposed sites include current
populations of the Pacific Hawaiian
damselfly. Notably, the single current
remaining population site for the flying
earwig Hawaiian damselfly on Maui is
identified as a potential hydroelectric
site. Any additional diversion of streams
for use in hydroelectric power could
contribute to further loss of stream
habitat for the Pacific Hawaiian
damselfly and for the flying earwig
Hawaiian damselfly.
Habitat Modification and Destruction by
Dewatering of Aquifers
In addition to the diversion of stream
water and the resultant downstream
dewatering, many streams in Hawaii
have experienced reduced or zero
surface flow as a result of the
dewatering of their source aquifers.
Often these aquifers, which previously
fed the streams, were tapped by
tunneling or through the injudicious
placement of wells (Stearns and Vaksvik
1935, pp. 386-434; Stearns 1985, pp.
291-305). These groundwater sources
were captured for both domestic and
agricultural use and in some areas have
completely depleted nearby stream and
spring flows. For example, the Waikolu
Stream on Molokai has reduced flow
due in part to groundwater withdrawal
(Brasher 2003, p. 1,056), which may
have reduced stream habitat available to
the Pacific Hawaiian damselfly.
Likewise, on Maui, streams in the west
Maui Mountains that flow into the
Lahaina District are fed by groundwater
leaking from breached, high-elevation
dikes. Downstream of the dike
compartments, stream diversions are
designed to capture all of the low stream
flow, causing the streams downstream
to be frequently dry (U.S. Geological
Survey 2008a, p. 1), likely impacting
available habitat for the Pacific
Hawaiian damselfly, and potentially for
the flying earwig Hawaiian damselfly, in
the Honolua and Honokohau streams.
The island of Lanai lies within the
rain shadow of the west Maui
Mountains, which reach 5,788 ft (1,764
m) in elevation. Lower in elevation than
Maui, annual rainfall on Lanai’s summit
is 30 to 40 in (760 to 1,015 mm) but
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much less over the rest of the island
(University of Hawaii Department of
Geography 1998, p. 13). Flows of almost
every spring and seep on Lanai have
been diverted (Stearns 1940, pp. 73-74,
85, 88, 95). Surface waters in streams
have also been diverted by tunnels in
stream beds. Historically, Maunalei
Stream was the only perennial stream
on Lanai, and Hawaiians constructed
taro loi (ponds for cultivation of taro) in
the lower portions of this stream system.
In 1911, a tunnel was constructed at
1,100 ft (330 m) elevation that undercuts
the stream bed, diverting both the
surface and subsurface flows and
dewatering the stream from this point to
its mouth (Stearns 1940, pp. 86-88). The
Pacific Hawaiian damselfly, which
depends on stream habitat, was
historically known from Lanai but is no
longer extant on this island, and was
most likely impacted by the dewatering
of this stream because it was the only
permanent stream on Lanai prior to its
dewatering. This example of the
negative impact of dewatering leads us
to conclude that dewatering poses a
threat to the Pacific Hawaiian damselfly
and the flying earwig Hawaiian
damselfly on the remaining islands
where the species persist.
Habitat Modification and Destruction by
Vertical Wells
Surface flow of streams has also been
affected by vertical wells drilled in premodern times, because the basal aquifer
(lowest groundwater layer) and alluvial
caprock (sediment-deposited harder
rock layer) through which the lower
sections of streams flow can be pierced
and hydraulically connected by wells
(Stearns 1940, p. 88). This allows water
in aquifers normally feeding the stream
to be diverted elsewhere underground.
Dewatering of the streams by tunneling
and earlier, less-informed well
placement near or in streams was a
significant cause of habitat loss, and
these effects continue today.
Historically, for example, there was
sufficient surface flow in Makaha and
Nanakuli streams on Oahu to support
taro loi in their lower reaches, but this
flow disappeared subsequent to
construction of vertical wells upstream
(Devick 1995). The inadvertent
dewatering of streams through the
piercing of their aquifers (which are
normally separated from adjacent waterbearing layers by an impermeable layer),
by tunneling or through placement of
vertical wells, caused the loss of Pacific
Hawaiian damselfly habitat, and
contributed to the Pacific Hawaiian
damselfly’s extirpation on the islands of
Oahu, Kauai, and Lanai. Such activities
also reduced the extent of stream habitat
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for the Pacific Hawaiian damselfly on
the islands of Maui, Molokai, and
Hawaii. Most lower-elevation stream
segments on west Maui and leeward
east Maui are now completely dry,
except during storm-influenced flows
(Maciolek 1979, p. 605). The flow of
nearly every seep and spring on Lanai
has been captured or bored with wells
(Stearns 1940, pp. 73-74, 85, 88, 95).
The inadvertent drying of streams from
poor well replacement and other
activities has contributed to the decline
of the Pacific Hawaiian damselfly by
reducing its habitat on all of the islands
from which it was historically known. It
should be noted that the Pacific
Hawaiian damselfly was once among
the most commonly observed aquatic
insects in the islands (Howarth 1991, p.
40). The dewatering of streams on Maui
and Hawaii may also have impacted
habitat of the flying earwig Hawaiian
damselfly.
Although the State of Hawaii’s
Commission on Water Resource
Management is now more cognizant of
the effects that ground water removal
has on streams via injudicious
placement of wells, the Commission
still routinely reviews new permit
applications for wells (Hardy 2009). All
requests for new wells require a drilling
permit and, in some cases, a use permit
is additionally required, depending
upon the intended allocation and
anticipated amount of water to be
pumped from the well. Water
Management Areas have been
designated over much of Oahu and in
some areas on other neighboring
islands. Within these areas, a use permit
for a new well is also required, which
automatically triggers a greater review of
the potential impacts. Any request for a
permit to drill a well within proximity
of streams or dike rock located at the
headwaters of streams automatically
triggers additional review (Hardy 2009).
Permits to drill wells near streams or
within dike complexes are now unlikely
to be granted because a new well would
require the amendment of in-stream
flow standards for the impacted stream.
However, such amendments are
sometimes approved. One example is
the long-contested case involving the
Waiahole Ditch on the island of Oahu
(Hawaii Department of Agriculture
2002). In that case, the Commission
continues to support the removal of
several million gallons of water daily
from windward Oahu streams (Hawaii
Department of Agriculture 2002). In
conclusion, although a regulatory
process is in place that can potentially
address the effects of new requests for
ground water removal on streams, this
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process includes provisions for
amendments that would result in
adverse effects to ground water that
supports streamside habitat for the
Pacific Hawaiian damselfly, and
potentially for the flying earwig
Hawaiian damselfly.
Habitat Modification and Destruction by
Channelization
In addition to the destruction of most
of the stream habitat of the Pacific
Hawaiian damselfly and the flying
earwig Hawaiian damselfly, most
remaining stream habitat has been, and
continues to be, seriously degraded
throughout the Hawaiian Islands.
Stream degradation has been
particularly severe on the island of
Oahu where, by 1978, 58 percent of all
the perennial streams had been
channelized (lined, partially lined or
altered) to control flooding (Brasher
2003, p. 1055; Polhemus and Asquith
1996, p. 24), and 89 percent of the total
length of these streams had been
channelized (Parrish et al. 1984, p. 83).
The channelization of streams creates
artificial, wide-bottomed stream beds
and often results in removal of riparian
vegetation, increased substrate
homogeneity, increased temporal water
velocity (increased water flow speed
during times of higher precipitation
including minor and major flooding),
increased illumination, and higher
water temperatures (Parrish et al. 1984,
p. 83; Brasher 2003, p. 1052). Natural
streams meander and are lined with
rocks, trees, and natural debris, and
during times of flooding, jump their
banks. Channelized streams are
straightened and often lack natural
obstructions, and during times of higher
precipitation or flooding, facilitate a
higher water flow velocity. Hawaiian
damselflies are largely absent from
channelized portions of streams
(Polhemus and Asquith 1996, p. 24). In
contrast, undisturbed Hawaiian stream
systems exhibit a greater amount of
riffle habitat, canopy closure, higher
consistent flow velocity, and lower
water temperatures that are
characteristic of streams to which the
Hawaiian damselflies, in general, are
adapted (Brasher 2003, pp. 1054-1057).
Channelization of streams has not
been restricted to lower stream reaches.
For example, there is extensive
channelization of the Kalihi Stream, on
the island of Oahu, above 1,000 ft (300
m) elevation. Extensive stream
channelization has contributed to the
extirpation of the Pacific Hawaiian
damselfly on Oahu (Englund 1999, p.
236; Polhemus 2008).
Stream diversion, channelization, and
dewatering represent significant and
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immediate threats to the Pacific
Hawaiian damselfly for the following
reasons: (1) They reduce the amount
and distribution of stream habitat
available to this species; (2) they reduce
stream flow, leaving lower elevation
stream segments completely dry except
during storms, or leaving many streams
completely dry year round, thus
reducing or eliminating stream habitat;
and (3) they indirectly lead to an
increase in water temperature that leads
to the loss of Pacific Hawaiian damselfly
naiads due to direct physiological stress.
Because the probability of species
extinction increases when ranges are
restricted, habitat decreases, and
population numbers decline, the Pacific
Hawaiian damselfly is particularly
vulnerable to extinction due to such
changes in its stream habitats. In
addition, stream diversion, dewatering,
and vertical wells have the potential to
negatively impact, and in some cases
may have impacted, the flying earwig
Hawaiian damselfly.
Habitat Destruction and Modification by
Feral Pigs
One of the primary threats to the
flying earwig Hawaiian damselfly is the
ongoing destruction and degradation of
its riparian habitat by nonnative
animals, particularly feral pigs (Sus
scrofa) (Polhemus and Asquith 1996, p.
22; Erickson and Puttock 2006, p. 42).
Pigs of Asian descent were first
introduced to Hawaii by the Polynesian
ancestors of Hawaiians around 400 A.D.
(Kirch 1982, pp. 3-4). Western
immigrants, beginning with Captain
Cook in 1778, repeatedly introduced
European strains (Tomich 1986, pp.
120-121). The pigs escaped
domestication and successfully invaded
all areas, including wet and mesic
forests and grasslands, on all of the
main Hawaiian Islands.
High pig densities and expansion of
their distribution have caused
indisputable widespread damage to
native vegetation on the Hawaiian
Islands (Cuddihy and Stone 1990, p.
63). Feral pigs create open areas within
forest habitat by digging up, eating, and
trampling native plant species (Stone
1985, p. 263). These open areas become
fertile ground for nonnative plant seeds
spread through the excrement of the
pigs and by transport in their hair
(Stone 1985, p. 263). In nitrogen-poor
soils, feral pig excrement increases
nutrient availability, enhancing
establishment of nonnative weeds that
are more adapted to richer soils than are
native plants (Cuddihy and Stone 1990,
p. 65). In this manner, largely nonnative
forests replace native forest habitat
(Cuddihy and Stone 1990, p. 65). In
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addition, feral pigs will root and dig for
plant tubers and worms in wetlands,
including marshes, on all of the main
Hawaiian Islands (Erikson and Puttock
2006, p. 42).
In a study conducted in the 1980s on
feral pig populations in the Kipahulu
Valley on Maui, the deleterious effects
of feral pig rooting on native forest
ecosystems was documented (Diong
1982, pp. 150, 160-167). Rooting by feral
pigs was observed to be related to the
search for earthworms, with rooting
depths averaging 8 in (20 cm), and
rooting was found to greatly disrupt the
leaf litter and topsoil layers, and
contribute to erosion and changes in
ground topography. The feeding habits
of pigs were observed to create seed
beds, enabling the establishment and
spread of invasive weedy species such
as Clidemia hirta (Koster’s curse). The
study concluded that all aspects of the
feeding habits of pigs are damaging to
the structure and function of the
Hawaiian forest ecosystem (Diong 1982,
pp. 160-167).
It is likely that pigs similarly impact
the native vegetation used for perching
by adult flying earwig Hawaiian
damselflies. On Maui, feral pigs inhabit
the uluhe-dominated riparian habitat of
the flying earwig Hawaiian damselfly.
Through their rooting and digging
activities, they have significantly
degraded and destroyed the habitat of
the adult flying earwig Hawaiian
damselfly (Foote 2008).
In addition to creating conditions that
enable the spread of nonnative plant
species, Mountainspring (1986, p. 98)
surmised that rooting by pigs depresses
insect populations that depend upon the
ground layer at some life stage or that
exhibit diel (day and night) movements.
As a result, it is likely that the presumed
habitat (seeps or damp leaf litter) of the
naiads of the flying earwig Hawaiian
damselfly is negatively impacted by
feral pig activity, including the
uprooting and denuding of native
vegetation (Foote 2008; Polhemus 2008).
Notwithstanding the above impacts,
feral pigs are managed as a game animal
for public hunting in the more
accessible regions of the east Maui
watershed (Jokiel 2008). In contrast to
an eradication program, this action
makes it likely that feral pigs will
continue to exist on Maui, and thus
likely that pigs will continue to destroy
and degrade habitat of the flying earwig
Hawaiian damselfly on the island of
Maui.
The effects from introduced feral pigs
are immediate and ongoing because pigs
currently occur in the uluhe-dominated
riparian habitat of the flying earwig
Hawaiian damselfly. The threat of
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habitat destruction or modification from
feral pigs is significant for the following
reasons: (1) Trampling and grazing
directly impact the vegetation used by
adult flying earwig Hawaiian
damselflies for perching and by the
terrestrial or semi-terrestrial naiads; (2)
increased soil disturbance leads to
mechanical damage to plants used by
adults for perching and by the terrestrial
or semi-terrestrial naiads; (3) creation of
open, disturbed areas, conducive to
weedy plant invasion and establishment
of alien plants from dispersed fruits and
seeds, results over time in the
conversion of a community dominated
by native vegetation to one dominated
by nonnative vegetation (leading to all
of the negative impacts associated with
nonnative plants, detailed below); and
(4) increased watershed erosion and
sedimentation further degrade habitat
for the flying earwig Hawaiian
damselfly. These threats are expected to
continue or increase without control or
elimination of pig populations in these
habitats.
Habitat Destruction and Modification by
Nonnative Plants
The invasion of nonnative plants,
including Clidemia hirta, further
contributes to the degradation of
Hawaii’s native forests, including the
riparian habitat of the flying earwig
Hawaiian damselfly on Maui (Foote
2008). Clidemia hirta is the most serious
nonnative plant invader within the
uluhe-dominated riparian habitat where
the flying earwig Hawaiian damselfly
occurs on Maui and where it formerly
occurred on the island of Hawaii (Foote
2008). Clidemia hirta can outcompete
the native uluhe fern, and so is capable
of altering the natural environment
where the flying earwig Hawaiian
damselfly occurs. A noxious shrub first
cultivated in Wahiawa on Oahu before
1941, this plant is now found on all of
the main Hawaiian Islands (Wagner et
al. 1985, p. 41). Clidemia hirta forms a
dense understory, shading out native
plants and hindering their regeneration;
it is considered a major nonnative plant
threat in wet forest areas because it
inhibits and eventually replaces native
plants (Wagner et al. 1985, p. 41; Smith
1989, p. 64).
Presently, the most significant threat
to natural ponds and marshes in Hawaii
is the nonnative species Urochloa
mutica (California grass). This
sprawling perennial grass is likely from
Africa (Erickson and Puttock 2006, p.
270). It was first noted on Oahu in 1924
and now occurs on all of the main
Hawaiian Islands (O’Connor 1999, p.
1,504), where it is considered an
aggressive invasive weed of marshes
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and wetlands (Erickson and Puttock
2006, p. 270). Found from sea level to
3,610 ft (1,100 m) in elevation (Erickson
and Puttock 2006, p. 270), this plant
forms dense, monotypic stands that can
completely eliminate any open water by
layering its trailing stems (Smith 1985,
p. 186). Marshlands eventually convert
to meadowland when invaded by
Urochloa mutica (Polhemus and
Asquith 1996, p. 23). At Kawainui
Marsh, the most extensive marsh system
remaining on Oahu, control of Urochloa
mutica to prevent conversion of the
marsh to meadowland is an ongoing
management activity (Wilson, Okamoto
and Associates, Inc. 1993, pp. 3-4;
Hawaiian Ecosystems at Risk (HEAR)
2008, p. 1). The preferred habitat of the
Pacific Hawaiian damselfly (primarily
lowland, stagnant water, large ponds,
and small pools) on all of the Hawaiian
Islands has likely declined and
continues to decline due to the spread
of Urochloa mutica, which is causing
the conversion of marshlands to
meadowlands (Polhemus and Asquith
1996, p. 23).
Nonnative plants represent a
significant and immediate and ongoing
threat to the flying earwig Hawaiian
damselfly through habitat destruction
and modification for the following
reasons: (1) They adversely impact
microhabitat by modifying the
availability of light; (2) they alter soilwater regimes; (3) they modify nutrient
cycling processes; and (4) they
outcompete, and possibly directly
inhibit the growth of, native plant
species; ultimately, native dominated
plant communities are converted to
nonnative plant communities (Cuddihy
and Stone 1990, p. 74; Vitousek 1992,
pp. 33-35). This conversion negatively
impacts and threatens the flying earwig
Hawaiian damselfly, which depends
upon native plant species, particularly
uluhe, for essential life history needs.
Conversion habitat from marshlands to
meadowlands by the nonnative
Urochloa mutica also threatens the
Pacific Hawaiian damselfly. These
threats are expected to continue or
increase without control or elimination
of invasive nonnative plants in these
habitats.
Habitat Destruction and Modification by
Hurricanes, Landslides, and Drought
Stochastic (random, naturally
occurring) events, such as hurricanes,
landslides, and drought, alter or degrade
the habitat of Hawaiian damselflies
directly by modifying and destroying
native riparian, wetland, and stream
habitats (e.g., rocks and debris falling in
a stream; mechanical damage to riparian
and wetland vegetation), and indirectly
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by creating disturbed areas conducive to
invasion by nonnative plants that
outcompete the native plants used by
damselflies for perching. We presume
these events also alter microclimatic
conditions (e.g., opening the tree canopy
that leads to an increase in stream water
temperature; increasing stream
sedimentation) so that the habitat no
longer supports damselfly populations.
Both the flying earwig Hawaiian
damselfly and the Pacific Hawaiian
damselfly may also be affected by
temporary habitat loss (e.g., desiccation
of streams, die-off of uluhe) associated
with droughts, which are not
uncommon on the Hawaiian Islands.
With populations that have already been
severely reduced in both abundance and
geographic distribution, even such a
temporary loss of habitat can have a
negative impact on the species.
Natural disasters such as hurricanes
and drought, and local, random
environmental events (such as
landslides), represent a significant
threat to native riparian, wetland, and
stream habitat and the two damselfly
species addressed in this proposed rule.
These types of events are known to
cause significant habitat damage (e.g.,
Polhemus 1993, p. 86). Because the two
species addressed in this proposed rule
now persist in low numbers or occur in
restricted ranges, they are more
vulnerable to these events and less
resilient to such habitat disturbances.
Hurricanes, drought, and landslides are
known and expected to occur at
irregular intervals. Therefore, they pose
an immediate and ongoing threat to the
two damselfly species and their habitat.
Habitat Destruction and Modification by
Climate Change
The information currently available
on the effects of global climate change
does not make sufficiently precise
estimates of the location and magnitude
of the effects. Consequently, the exact
nature of the impacts of climate change
and increasing temperatures on native
Hawaiian ecosystems, including the
aquatic and riparian habitats of the
flying earwig Hawaiian damselfly and
the Pacific Hawaiian damselfly, are
unknown. However, they are likely to
include the loss of aquatic habitat
through reduced stream flow and
evaporation of standing water, increased
streamwater temperature, and the loss of
native riparian and wetland plants that
comprise the habitat in which these two
species occur (Pounds et al. 1999, pp.
611-612; Still et al. 1999, p. 610;
Benning et al. 2002, pp. 14,246 and
14,248).
Oki (2004, p. 4) has noted long-term
evidence of decreased precipitation and
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stream flow in the Hawaiian Islands,
based upon evidence collected by
stream gauging stations. This long-term
drying trend, coupled with existing
˜
ditch diversions and periodic El Ninocaused drying events, has created a
pattern of severe and persistent stream
dewatering events (Polhemus 2008).
Future changes in precipitation and the
forecast of those changes are highly
uncertain because they depend, in part,
˜
˜
on how the El Nino-La Nina weather
cycle (a disruption of the ocean
atmospheric system in the tropical
Pacific having important global
consequences for weather and climate)
might change (Hawaii Climate Change
Action Plan 1998, pp. 2-10).
The flying earwig Hawaiian damselfly
and the Pacific Hawaiian damselfly may
be especially vulnerable to extinction
due to anticipated environmental
change that may result from global
climate change. Environmental changes
that may affect these species are
expected to include habitat loss or
alteration and changes in disturbance
regimes (e.g., storms and hurricanes), in
addition to direct physiological stress
caused by increased stream water
temperatures to which the native
Hawaiian damselfly fauna are not
adapted. The probability of a species
going extinct as a result of these factors
increases when its range is restricted,
habitat decreases, and population
numbers decline (Intergovernmental
Panel on Climate Change 2007, p. 8).
Both of these damselfly species have
limited environmental tolerances
ranges, restricted habitat requirements,
small population size, and a low
number of individuals. Therefore, we
would expect these species to be
particularly vulnerable to projected
environmental impacts that may result
from changes in climate, and
subsequent impacts to their aquatic and
riparian habitats (e.g., Pounds et al.
1999, pp. 611-612; Still et al. 1999, p.
610; Benning et al. 2002, pp. 14,246 and
14,248). We believe changes in
environmental conditions that may
result from climate change will likely
impact these two species and, according
to current climate projections, we do not
anticipate a reduction in this threat any
time in the near future.
Summary of Factor A
The effects of past and present
destruction, modification, and
degradation of native riparian, wetland,
and stream habitats threaten the
continued existence of the flying earwig
Hawaiian damselfly and the Pacific
Hawaiian damselfly, which depend on
these habitats, throughout their
respective ranges. These effects have
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been or continue to be caused by:
agriculture and urban development;
stream diversion, channelization, and
dewatering; introduced feral pigs;
introduced plants; and hurricanes,
landslides, and drought. The ongoing
and likely increasing effects of global
climate change are also likely to
adversely impact, directly or indirectly,
the habitat of these two species.
Agriculture and urban development,
to date, have caused the loss of 30
percent of Hawaii’s coastal plain
wetlands and 80 to 90 percent of
lowland freshwater habitat in Hawaii.
Extensive stream diversions and the
ongoing dewatering of remaining
wetland habitats continue to degrade
the quality of Pacific Hawaiian
damselfly habitat and its capability to
support viable populations of this
species and may also negatively affect
the habitat of the flying earwig
Hawaiian damselfly. Ongoing habitat
destruction and degradation caused by
feral pigs in remaining tracts of uluhedominated riparian habitat promote the
establishment and spread of nonnative
plants which, in turn, lower or destroy
the capability of the habitat to support
viable populations of the flying earwig
Hawaiian damselfly.
The above threats have caused the
extirpation of many flying earwig
Hawaiian damselfly and the Pacific
Hawaiian damselfly populations; as a
result, their current ranges are very
restricted. The combination of restricted
range, limited habitat quantity and
quality, and low population size makes
each of these species especially
vulnerable to extinction. Thus we
consider the present or threatened
destruction, modification, or
curtailment of the habitat and range of
the flying earwig Hawaiian damselfly
and the Pacific Hawaiian damselfly to
pose an immediate and significant
threat to these species.
Factor B. Overutilization for
Commercial, Recreational, Scientific, or
Educational Purposes
Individuals from what may be the
single remaining population of the
flying earwig Hawaiian damselfly were
collected by amateur collectors as
recently as the mid-1990s (Polhemus
2008). Although it is not known how
many individuals were collected at that
time, Polhemus (2008) believes this
incident resulted in a noticeable
decrease in the population size.
Furthermore, if there is only one
population of the species left, the
decreased reproduction that would
result from the removal of potentially
breeding adults would have a
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potentially significant negative impact
on the species.
There is a market for damselflies that
may serve as an incentive to collect
them. There are internet websites that
offer damselfly specimens or parts (e.g.,
wings) for sale. In addition, the internet
abounds with ‘‘how to’’ guides for
collecting and preserving damselfly
specimens (e.g., Abbott 2000, pp. 1-3).
After butterflies and large beetles,
dragonflies and damselflies are probably
the most frequently collected insects in
the world (Polhemus 2009). A rare
specimen such as the flying earwig
Hawaiian damselfly may be particularly
attractive to potential collectors
(Polhemus 2008). Based on the history
of collection of the flying earwig
Hawaiian damselfly, the market for
damselfly specimens or parts, and the
vulnerability of this small population to
the negative impacts of any collection,
we consider the potential
overutilization of the flying earwig
Hawaiian damselfly to pose an
immediate and significant threat to this
species.
Unlike the flying earwig Hawaiian
damselfly, which is restricted to one
remaining population site and which is
known to have previously been of
interest to odonata enthusiasts
(Polhemus 2008), we do not believe
over-collection is currently a threat to
the Pacific Hawaiian damselfly because
it is comparatively more widespread
across several population sites on three
islands.
Factor C. Disease or Predation
The geographic isolation of the
Hawaiian Islands restricted the number
of original successful colonizing
arthropods and resulted in the
development of Hawaii’s unusual fauna.
Only 15 percent of the known families
of insects are represented by native
Hawaiian species (Howarth 1990, p. 11).
Some groups of insects that often
dominate continental arthropod fauna,
including social Hymenoptera (e.g., ants
and wasps) were absent during the
evolution of Hawaii’s unique arthropod
fauna. Commercial shipping and air
cargo, as well as biological
introductions to Hawaii, have resulted
in the establishment of over 3,372
species of nonnative insects (Howarth
1990, p. 18; Staples and Cowie 2001, p.
52), with an estimated continuing
establishment rate of 20 to 30 new
species per year (Beardsley 1962, p. 101;
Beardsley 1979, p. 36; Staples and
Cowie 2001, p. 52).
Nonnative arthropod predators and
parasites have also been intentionally
imported and released by individuals
and governmental agencies for
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biological control of insect pests.
Between 1890 and 1985, 243 nonnative
species were introduced, sometimes
with the specific intent of reducing
populations of native Hawaiian insects
(Funasaki et al. 1988, p. 105; Lai 1988,
pp. 186-187). Nonnative arthropods,
whether purposefully or accidentally
introduced, pose a serious threat to
Hawaii’s native insects, including the
flying earwig Hawaiian damselfly and
the Pacific Hawaiian damselfly, through
direct predation (Howarth and Medeiros
1989, pp. 82-83; Howarth and Ramsay
1991, pp. 81-84; Staples and Cowie
2001, pp. 54-57).
In addition to the problems posed by
nonnative arthropods, the establishment
of various nonnative fish, frogs, and
toads that act as predators on native
Hawaiian damselflies has also had a
serious negative impact on the Pacific
Hawaiian damselfly and flying earwig
Hawaiian damselfly, as discussed
below.
Predation by Nonnative Ants
Ants are not a natural component of
Hawaii’s arthropod fauna, and the
native species of the islands evolved in
the absence of predation pressure from
ants. Ants can be particularly
destructive predators because of their
high densities, recruitment behavior,
aggressiveness, and broad range of diet
(Reimer 1993, pp. 17-18). The threat of
ant predation on the flying earwig
Hawaiian damselfly and the Pacific
Hawaiian damselfly is amplified by the
fact that most ant species have winged
reproductive adults (Borror et al. 1989,
p. 738) and can quickly establish new
colonies in suitable habitats (Staples
and Cowie 2001, p. 55). These attributes
allow some ants to destroy otherwise
geographically isolated populations of
native arthropods (Nafus 1993, pp. 19,
22-23).
At least 47 species of ants are known
to be established in the Hawaiian
Islands (Hawaii Ants 2008, pp. 1-11),
and at least 4 particularly aggressive
species have severely impacted the
native insect fauna, likely including
native damselflies (Zimmerman 1948b,
p. 173; Reimer et al. 1990, pp. 40-43;
HEAR database 2005, pp. 1-2): the big
headed ant (Pheidole megacephala), the
long-legged ant (also known as the
yellow crazy ant) (Anoplolepis
gracilipes), Solenopsis papuana (no
common name), and Solenopsis
geminata (no common name).
Numerous other species of ants are
recognized as threats to Hawaii’s native
invertebrates, and an unknown number
of new species of ants are established
every few years (Staples and Cowie
2001, pp. 53). Due to their preference for
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drier habitat sites, ants are less likely to
occur in high densities in the riparian
and aquatic habitat currently occupied
by the flying earwig Hawaiian damselfly
and the Pacific Hawaiian damselfly.
However, some species of ants (e.g., the
long-legged ant and Solenopsis
papuana) have increased their range
into these areas.
The presence of ants in nearly all of
the lower elevation habitat sites
historically occupied by the flying
earwig Hawaiian damselfly and the
Pacific Hawaiian damselfly may
preclude the future recolonization of
these areas by these two species.
Damselfly naiads may be particularly
susceptible to ant predation when they
crawl out of the water or seek a
terrestrial location for their
metamorphosis into the adult stage.
Likewise, newly emerged adult
damselflies are susceptible to predation
until their wings have sufficiently
hardened to permit flight, or when the
adults are simply resting on vegetation
at night (Polhemus 2008). In 1998,
during a survey of an Oahu stream,
researchers observed predation by ants
upon another damselfly species, the
orangeblack Hawaiian damselfly
(Megalagrion xanthomelas) (Englund
2008).
The long-legged ant appeared in
Hawaii in 1952, and now occurs on
Kauai, Oahu, Maui, and Hawaii (Reimer
et al. 1990, p. 42). It inhabits low to
midelevation (less than 2,000 ft (600 m))
rocky areas of moderate rainfall (less
than 100 in (250 cm) annually) (Reimer
et al. 1990, p. 42). Direct observations
indicate that Hawaiian arthropods are
susceptible to predation by this species.
Gillespie and Reimer (1993, p. 21) and
Hardy (1979, p. 34) documented the
impacts to native insects within the
Kipahulu area on Maui after this area
was invaded by the long-legged ant.
Although only cursory observations
exist, long-legged ants are thought to be
a threat to populations of the Pacific
Hawaiian damselfly in mesic areas
within its elevation range (Foote 2008).
Solenopsis papuana is the only
abundant, aggressive ant that has
invaded intact mesic to wet forest from
sea level to over 2,000 ft (600 m) on all
of the main Hawaiian Islands, and is
still expanding its range (Reimer 1993,
p. 14). It is likely, based on our
knowledge of the expanding range of
this invasive ant, that it threatens
populations of the Pacific Hawaiian
damselfly in mesic areas up to 2,000 ft
(600 m) elevation as well (Foote 2008).
The rarity or disappearance of native
damselfly species, including the two
species in this proposal, from historical
observation sites over the past 100 years
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is likely due to a variety of factors.
While there is no documentation that
conclusively ties the decrease in
damselfly observations to the
establishment of nonnative ants in low
to montane, and mesic to wet, habitats
on the Hawaiian Islands, the presence of
nonnative ants in these habitats and the
decline of damselfly observations in
these habitats suggest that nonnative
ants may have played a role in the
decline of some populations of the two
damselflies that are the subject of this
proposal.
In summary, observations and reports
have documented that ants are
particularly destructive predators
because of their high densities, broad
range of diet, and ability to establish
new colonies in otherwise
geographically isolated locations
because the reproductive adults are able
to fly. Damselfly naiads are particularly
vulnerable to ant predation when they
crawl out of water or seek a terrestrial
location for metamorphosis into adults,
and newly emerged adults are
susceptible to predation until they can
fly. In particular, the long-legged ant
and Solenopsis papuana are two
aggressive species reported from sea
level to 2,000 ft (610 m) in elevation on
all of the main Hawaiian Islands. Since
their range overlaps that of both
damselfly species, we consider these
introduced ants to pose an immediate
and significant threat to both damselfly
species. Unless these aggressive
nonnative ant predators are eliminated
or controlled, we expect this threat to
continue or increase.
Predation by Nonnative Backswimmers
Backswimmers, so-called because
they swim upside down, are aquatic
‘‘true bugs’’ (Heteroptera).
Backswimmers are voracious predators
and frequently feed on prey much larger
than themselves, such as tadpoles, small
fish, and other aquatic insects including
damselfly naiads (Heads 1985, p. 559;
Heads 1986, p. 369). Backswimmers are
not native to Hawaii, but several species
have been introduced. Notonecta indica
(no common name) was first collected
on Oahu in the mid-1980s and is
presently known from Oahu, Maui, and
Hawaii. Species of Notonecta are known
to prey on damselfly naiads and the
mere presence of this predator in the
water can cause naiads to reduce
foraging (which can reduce naiad
growth, development, and survival)
(Heads 1985, p. 559; Heads 1986, p.
369). While there is no documentation
that conclusively ties the decrease in
damselfly observations to the
establishment of nonnative
backswimmers in Hawaiian streams and
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other aquatic habitat, the presence of
backswimmers in these habitats and the
concurrent decline of damselfly
observation in some areas suggest that
these nonnative aquatic insects may
have played a role in the decline of
some damselfly populations, including
those of the Pacific Hawaiian damselfly.
We consider predation by nonnative
backswimmers to pose a significant and
immediate threat to the Pacific
Hawaiian damselfly since this species
has an aquatic naiad life stage. In
addition, the presence of these predators
in damselfly aquatic habitat causes
naiads to reduce foraging, which in turn
reduces their growth, development, and
survival. Backswimmers are reported on
all of the main Hawaiian Islands except
Kahoolawe. In the absence of the
elimination or control of nonnative
backswimmers, we expect this threat to
continue or increase over time.
Predation by Nonnative Fish
Predation by nonnative fish is a
significant threat to Hawaiian damselfly
species with aquatic life stages, such as
the Pacific Hawaiian damselfly. The
aquatic naiads tend to rest and feed near
or on the surface of the water, or on
rocks where they are exposed and
vulnerable to predation by nonnative
fish. Hawaii has only five native
freshwater fish species, comprised of
gobies (Gobiidae) and sleepers
(Eleotridae), that occur on all of the
major islands. Because these native fish
are benthic (bottom) feeders (Kido et al.
1993, pp. 43-44; Ego 1956, p. 24;
Englund 1999, pp. 236-237), Hawaii’s
stream-dwelling damselfly species
probably experienced limited natural
predation pressure due to their
avoidance of benthic areas in preference
for shallow side channels, sidepools,
and higher velocity riffles and seeps
(Englund 1999, pp. 236-237). While fish
predation has been an important factor
in the evolution of behavior in
damselfly naiads in continental systems
(Johnson 1991, pp. 8), it is speculated
that Hawaii’s stream-dwelling
damselflies adapted behaviors to avoid
the benthic feeding habits of native fish
species. Additionally, some species of
damselflies, including some of the
native Hawaiian species, are not
adapted to cohabitate with some fish
species, and are found only in bodies of
water without fish (Henrickson 1988, p.
179; McPeek 1990a, p. 83). The naiads
of the aquatic Pacific Hawaiian
damselfly tend to occupy more exposed
positions and engage in conspicuous
foraging behavior, thereby increasing
their susceptibility to fish predation
(Englund 1999, p. 232), unlike
damselflies which co-evolved with
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predaceous fish (Macan 1977, p. 48;
McPeek 1990b, p. 1,714). In laboratory
studies, Englund (1999, p. 232) found
that naiads of the orangeblack Hawaiian
damselfly and the Pacific Hawaiian
damselfly invariably were eaten due to
their behavior of swimming to the water
surface when exposed to two nonnative
freshwater fish. In the same study,
naiads of nonnative damselfly species
avoided predation by the same fish
species by remaining still and avoiding
surface waters (Englund 1999, p. 232).
Over 70 species of nonnative fish
have been introduced into Hawaiian
freshwater habitats (Devick 1991, p. 190;
Englund 1999, p. 226; Staples and
Cowie 2001, p. 32; Brasher 2003, p.
1,054; Englund 2004, p.27; Englund et
al. 2007, p. 232); at least 51 species are
now established in the freshwater
habitats of Hawaii (Freshwater Fishes of
Hawaii 2008). The initial introduction
of nonnative fish to Hawaii began with
the release of food stock species by
Asian immigrants at the turn of the 20th
century; however, the impact of these
first introductions to Hawaiian
damselflies cannot be assessed because
they predated the initial collection of
damselflies in Hawaii (Perkins 1899, pp.
64-76).
In 1905, three species of fish within
the Poeciliidae family, including the
mosquito fish (Gambusia affinis) and
the sailfin molly (Poecilia latipinna),
were introduced for biological control of
mosquitoes (Van Dine 1907, p. 9;
Englund 1999, p. 225; Brasher 2003, p.
1054). In 1922, several additional
species were introduced for mosquito
control, including the green swordtail
(Xiphophorus helleri), the moonfish
(Xiphophorus maculatus), and the
guppy (Poecilia reticulata). By 1935,
some Oahu damselfly species, including
the orangeblack Hawaiian damselfly,
were becoming less common, and fish
introduced for mosquito control were
the suspected cause of their decline
(Williams 1936, p. 313; Zimmerman
1948b, p. 341). Current literature clearly
indicates that the extirpation of the
Pacific Hawaiian damselfly from the
majority of its historical habitat sites on
the main Hawaiian Islands is the result
of predation by nonnative fish (Moore
and Gagne 1982, p. 4; Liebherr and
Polhemus 1997, p. 502; Englund 1999,
pp. 235-237; Brasher 2003, p. 1,055;
Englund et al. 2007, p. 215; Polhemus
2007, pp. 238-239). From 1946 through
1961, several additional nonnative fish
were introduced for the purpose of
controlling nonnative aquatic plants,
and for angling (Brasher 2003, p. 1,054).
In the early 1980s, several additional
species of nonnative fish began
appearing in stream systems, likely
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originating from the aquarium fish trade
(Devick 1991, p. 189; Brasher 2003, p.
1,054). By 1990, there were an
additional 14 species of nonnative fish
established in waters on Hawaii, Maui,
and Molokai. By 2008, there were at
least 17 nonnative freshwater fish
established on one or more of these
islands, including several aggressive
predators and habitat-altering species
such as the channel catfish (Ictalurus
punctatus) and cichlids (Tilapia sp.)
(Devick 1991, pp. 191-192; FishBase
2008).
Currently, the Pacific Hawaiian
damselfly is found only in portions of
stream systems without nonnative fish
(Liebherr and Polhemus 1997, pp. 493494; Englund 1999, p. 228; Englund
2004, p. 27; Englund et al. 2007, p. 215).
There is a strong correlation between
the absence of nonnative fish species
and the presence of Hawaiian
damselflies in streams on all of the main
Hawaiian Islands (Englund 1999, p. 225;
Englund et al. 2007, p. 215), suggesting
that the damselflies cannot coexist with
nonnative fish. The distribution of some
Hawaiian damselfly species are now
reduced to stream reaches less than 312
ft (95 m) in length and that lack invasive
fish species (Englund 1999, p. 229;
Englund 2004, p. 27). In 2007, a
statewide survey that included 15
streams on the islands of Hawaii, Maui,
and Molokai found that the flying
earwig Hawaiian damselfly was not
found in streams where the introduced
Mexican molly (Poecilia mexicana) was
present (Englund et al. 2007, pp. 214216, 228). On Oahu, researchers found
that the Oahu-endemic Hawaiian
damselflies only occupied habitat sites
without nonnative fish. For two of these
species, a geologic or manmade barrier
(e.g., waterfalls, steep gradient, dry
stream midreaches, or constructed
diversions) appears to prevent access by
the nonnative fish species. For this
reason, researchers have recommended
that geologically isolated sites, such as
isolated anchialine ponds and highgradient streams interrupted by
manmade diversions and those entering
the coast as waterfalls, be used as
restoration sites for damselflies on all of
the Hawaiian Islands (Englund 2004, p.
27).
Of the two damselfly species
considered in this proposal, the aquatic
Pacific Hawaiian damselfly appears to
have had the greatest range contraction
due to predation by nonnative fish
(Englund 1999, p. 235; Polhemus 2007,
p. 234, 238-240). Once found on all of
the main Hawaiian Islands, it is now
found only on Molokai, Maui, and one
stream on the island of Hawaii below
2,000 ft (600 m) in elevation; all are in
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stream habitat sites free of nonnative
fish. The Pacific Hawaiian damselfly
was extirpated from Oahu by 1910
(Liebherr and Polhemus 1997, p. 502),
although Englund (1999, p. 235) found
that Oahu still has abundant and
otherwise suitable lowland and coastal
water habitat to support this species.
However, this aquatic habitat is infested
with nonnative fish, with some
nonnative species occurring up to 1,300
ft (400 m) elevation. Englund (1999, p.
236) found that even at sea level,
artificial wetlands (resulting from taro
cultivation) on the island of Molokai
can support populations of the Pacific
Hawaiian damselfly because nonnative
fish are absent.
Even the geographically isolated
stream headwaters and other aquatic
habitats where the Pacific Hawaiian
damselfly remains extant are not secure
from the threat of predation by
introduced fish species. There are many
documented cases of people moving
nonnative fish from one area to another
(Brock 1995, pp. 3-4; Englund 1999, p.
237). Once nonnative fish species are
introduced to aquatic habitats
previously free of nonnative fish, they
often become permanently established
(Englund and Filbert 1999, p. 151;
Englund 1999, pp. 232-233; Englund et
al. 2007). An example of facilitated fish
movement occurred in 2000, when an
uninformed maintenance worker
introduced Tilapia sp. into pools
located on the grounds of Tripler
Hospital that were maintained for the
benefit of the remaining Oahu
population of the orangeblack Hawaiian
damselfly (Englund 2000).
The continued introduction and
establishment of new species of
predatory nonnative fish in Hawaiian
waters, and the possible movement of
these nonnative species to new streams
and other aquatic habitat, is an
immediate and significant threat to the
survival of the aquatic Pacific Hawaiian
damselfly. Unless nonnative predatory
fish are eradicated or effectively
controlled in the habitats utilized by the
Pacific Hawaiian damselfly, we have no
reason to believe that there will be any
significant reduction in this threat at
any time in the near future. The flying
earwig Hawaiian damselfly is not
known to be threatened by predation
from nonnative fish species, due to its
presumed more terrestrial habitats.
Predation by Introduced Frogs and
Toads
Currently, there are three species of
introduced aquatic amphibians known
on the Hawaiian Islands: the North
American bullfrog (Rana catesbeiana),
the cane toad (Bufo marinus), and the
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Japanese wrinkled frog (Rana rugosa).
The bullfrog is native to the eastern
United States and the Great Plains
region (Moyle 1973, p. 18; Bury and
Whelan 1985 in Earlham College 2002,
p. 10), and was first introduced into
Hawaii in 1899 (Bryan 1931, p. 63) to
help control insects, specifically the
nonnative Japanese beetle (Popillia
japonica), a significant pest of
ornamental plants (Bryan 1931, p. 62).
Bullfrogs were first released and quickly
became established in the Hilo region
on the island of Hawaii (Bryan 1931, p.
63). Bullfrogs have demonstrated great
success in establishing new populations
wherever they have been introduced
(Moyle 1973, p. 19), and now occur on
the islands of Hawaii, Kauai, Lanai,
Maui, Molokai, and Oahu (U.S.
Geological Survey 2008b, p. 8). This
species is flexible in both habitat and
food requirements (Bury and Whelan
1985 in Earlham College 2002, p. 11),
and can utilize any water source within
its temperature range (60 to 75
oFarenheit (oF) (16 to 24 oCelsius (oC))
(DesertUSA 2008). Introduced to areas
outside its native range, the bullfrog’s
primary impact is typically the
elimination of native frog species
(Moyle 1973, p. 21). In Hawaii, where
there are no native frogs, the bullfrog
has not been definitively implicated in
the extirpation of any particular native
aquatic species, but Englund et al.
(2007, pp. 215, 219) found a strong
correlation between the presence of
bullfrogs and the absence of Hawaiian
damselflies in their 2006 study of
streams on all of the main Hawaiian
Islands. As the bullfrog prefers habitats
with dense vegetation and relatively
calm water (Moyle 1973, p. 19; Bury and
Whelan 1985 in Earlham College 2002,
p. 9), it is likely of particular threat to
the Pacific Hawaiian damselfly because
this species also prefers calm water
habitat that is surrounded by dense
vegetation. Capable of breeding within
small pools of water, bullfrogs are also
a potential threat to the flying earwig
Hawaiian damselfly within its uluhecovered, steep, riparian, moist talus
slope habitat on Maui.
Because the effects of possible
predation by the cane toad and the
Japanese wrinkled frog on the flying
earwig Hawaiian damselfly and the
Pacific Hawaiian damselfly are
unknown at this time, the magnitude or
significance of this potential threat
cannot be determined.
We consider predation by bullfrogs to
pose a significant and immediate threat
to the Pacific Hawaiian damselfly, since
Englund et al. (2007, pp. 215, 219)
found a strong correlation between the
presence of predatory nonnative
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bullfrogs and the absence of Hawaiian
damselflies, and the preferred habitat of
the bullfrog overlaps with that of the
Pacific Hawaiian damselfly. Within its
riparian habitat, the flying earwig
Hawaiian damselfly may also be
threatened by the bullfrog, which is
capable of breeding within small pools
of water. In the absence of the
elimination or control of nonnative
bullfrogs, we expect that this threat will
continue or increase in the future.
Summary of Factor C
Predation by nonnative animal
species (ants, backswimmers, fish, and
bullfrogs) poses an immediate and
significant threat to the Pacific and
flying earwig Hawaiian damselflies
throughout their ranges, for the
following reasons:
• Damselfly naiads are vulnerable to
predation by ants, and the ranges of
both the Pacific and flying earwig
Hawaiian damselflies overlap that of
particularly aggressive, nonnative,
predatory ant species that currently
occur from sea level to 2,000 ft (610 m)
in elevation on all of the main Hawaiian
Islands. We consider both of the
Hawaiian damselflies that are the
subject of this proposed rule to be
threatened by predation by these
nonnative ants.
• Nonnative backswimmers prey on
damselfly naiads in streams and other
aquatic habitat, and are considered a
threat to the Pacific Hawaiian damselfly
since this species has an aquatic naiad
life stage. In addition, the presence of
backswimmers inhibits the foraging
behavior of damselfly naiads, with
negative consequences for development
and survival. Backswimmers are
reported on all of the main Hawaiian
Islands except Kahoolawe.
• The absence of Hawaiian
damselflies, including the aquatic
Pacific Hawaiian damselfly, in streams
and other aquatic habitat on the main
Hawaiian Islands is strongly correlated
with the presence of predatory
nonnative fish as documented in
numerous observations and reports
(Englund 1999, p. 237; Englund 2004, p.
27; Englund et al. 2007, p. 215), thereby
suggesting that nonnative predatory
fishes eliminate native Hawaiian
damselflies from these aquatic habitats.
There are over 51 species of nonnative
fishes established in freshwater habitats
on the Hawaiian Islands from sea level
to over 3,800 ft (1,152 m) in elevation
(Devick 1991, p. 190; Staples and Cowie
2001, p. 32; Brasher 2003, p. 1054;
Englund 1999, p. 226; Englund and
Polhemus 2001; Englund 2004, p. 27;
Englund et al. 2007, p. 232). Predation
by nonnative fishes is considered to
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pose a significant and immediate threat
to the Pacific Hawaiian damselfly due to
its aquatic habit.
• Englund et al. (2007, pp. 215, 219)
found a strong correlation between the
presence of nonnative bullfrogs and the
absence of Hawaiian damselflies.
Bullfrogs are reported on all of the main
Hawaiian Islands, except Kahoolawe
and Niihau. The Pacific Hawaiian
damselfly is likely threatened by
bullfrogs, due to their shared preference
for similar habitat, and the flying earwig
Hawaiian damselfly may also be
threatened within its riparian habitat by
the bullfrog, which is capable of
breeding within small pools of water.
Factor D. The Inadequacy of Existing
Regulatory Mechanisms
Inadequate Habitat Protection
Currently, there are no Federal, State,
or local laws, treaties, or regulations that
specifically conserve or protect the
flying earwig Hawaiian damselfly or the
Pacific Hawaiian damselfly from the
threats described in this proposed rule.
The State of Hawaii considers all
natural flowing surface water (streams,
springs, and seeps) as State property
(Hawaii Revised Statutes 174c 1987),
and the Hawaii Department of Land and
Natural Resources (DLNR) has
management responsibility for the
aquatic organisms in these waters
(Hawaii Revised Statutes Annotated,
1988, Title 12; 1992 Cumulative
Supplement). Thus, damselfly
populations associated with streams,
seeps, and springs are under the
jurisdiction of the State of Hawaii,
regardless of the ownership of the
property across which the stream flows.
This includes all populations of the
Pacific Hawaiian damselfly.
The State of Hawaii manages the use
of surface and ground water resources
through the Commission on Water
Resource Management (Water
Commission), as mandated by the 1987
State Water Code (State Water Code,
Hawaii Revised Statutes Chapter 174C71, 174C-81-87, and 174C-9195 and
Administrative Rules of the State Water
Code, Title 13, Chapters 168 and 169).
In the State Water Code, there are no
formal requirements that project
proponents or the Water Commission
protect the habitats of fish and wildlife
prior to issuance of a permit to modify
surface or ground water resources.
The maintenance of instream flow,
which is needed to protect the habitat
of damselflies and other aquatic
wildlife, is regulated by the
establishment of standards on a streamby-stream basis (State Water Code,
Hawaii Revised Statutes Chapter 174C-
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71 and Administrative Rules of the State
Water Code, Title 13, Chapter 169).
Currently, the interim instream flow
standards represent the existing flow
conditions in streams in the State (as of
June 15, 1988, for Molokai, Hawaii,
Kauai and east Maui; and October 19,
1988, for west Maui and leeward Oahu)
(Administrative Rules of the State Water
Code, Title 13, Chapter 169-44-49).
However, the State Water Code does not
provide for permanent or minimal
instream flow standards for the
protection of aquatic wildlife. Instead,
modification of instream flow standards
and stream channels can be undertaken
at any time by the Water Commission or
via public petitions to revise flow
standards or modify stream channels in
a specified stream (Administrative Rules
of the State Water Code, Title 13,
Chapter 169-36). Additionally, the
Water Commission must consider
economic benefits gained from out-ofstream water uses, and is not required
to balance these benefits against
instream benefits to aquatic fish and
wildlife. Consequently, any stabilization
of stream flow for the protection of
Pacific Hawaiian damselfly habitat is
subject to modification at a future date.
The natural value of Hawaii’s stream
systems has been recognized under the
State of Hawaii Instream Use Protection
Program (Administrative Rules of the
State Water Code, Title 13, Chapter 16920(2)). In the Hawaii Stream Assessment
Report (1990), prepared in coordination
with the National Park Service, the State
Water Commission identified high
quality rivers or streams, or portions of
rivers or streams that may be placed
within a wild and scenic river system.
This report recommended that streams
meeting certain criteria be protected
from further development. However,
there is no formal or institutional
mechanism within the State’s Water
Code to designate and set aside these
streams, or to identify and protect
stream habitat for Hawaiian damselflies.
Existing Federal regulatory
mechanisms that may protect Hawaiian
damselflies and their habitat are also
inadequate. The Federal Energy
Regulatory Commission (FERC) has very
limited jurisdiction in Hawaii. Hawaii’s
streams are isolated on individual
islands and run quickly down steep
volcanic slopes. There are no interstate
rivers in Hawaii, few if any streams
crossing Federal land, and no Federal
dams. Hawaii’s streams are generally
not navigable. Thus, licensing of
hydroelectric projects in Hawaii
generally does not come under the
purview of FERC, although hydropower
developers in Hawaii may voluntarily
seek licensing under FERC.
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The U.S. Army Corps of Engineers
(COE) also has some regulatory control
over modifications of freshwater streams
in the United States. For modifications
(e.g., discharge of fill) of streams with an
average annual flow greater than 5 cubic
ft per second (cfs), the COE can issue
individual permits under section 404 of
the Clean Water Act. These permits are
subject to public review, and must
comply with the Environmental
Protection Agency’s 404(b)(1) guidelines
and public comment requirements.
However, in issuing these permits, the
COE does not establish instream flow
standards as a matter of policy. The COE
normally considers that the public
interest for instream flow is represented
by the state water allocation rights or
preferences (Regulatory Guidance Letter
No 85-6), and project alternatives that
supersede, abrogate, or otherwise impair
the state water quantity allocations are
not normally addressed as alternatives
during permit review.
In cases where the COE district
engineer does propose to impose
instream flow standard on an individual
permit, this flow standard must reflect
a substantial national interest.
Additionally, if this instream flow
standard is in conflict with a State water
quantity allocation, then it must be
reviewed and approved by the Office of
the Chief Engineer in Washington, D.C.
(Regulatory Guidance Letter No 85-6).
Currently, the setting of instream flow
standards sufficient to conserve
Hawaiian damselflies is not a condition
that would be considered or included in
a Hawaii Department of Agriculture
individual permit (DLNR, Commission
on Water Resource Management 2006,
p. 2).
The COE may also authorize the
discharge of fill into streams with an
average annual flow of less than 5 cfs.
These discharges are covered under a
nationwide permit (33 CFR 330). This
permit is designed to expedite smallscale activities that the COE considers to
have only minimal environmental
impacts (33 CFR 330.1(b)). The Service
and the Hawaii DLNR have only 15 days
to provide substantive site-specific
comments prior to the issuance of a
nationwide permit. Given the
complexity of the impacts on Hawaiian
damselflies from stream modifications
and surface water diversions, the
remoteness of project sites, and the
types of studies necessary to determine
project impacts and mitigation, this
limited comment period does not allow
time for an adequate assessment of
impacts.
One population of the Pacific
Hawaiian damselfly occurs in Palikea
Stream on Maui, which flows through
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Haleakala National Park. On Molokai,
populations of this damselfly species
occur at the mouth of Pelekunu Stream,
which flows through a preserve
managed by The Nature Conservancy,
and in lower Waikolu Stream, which
flows through Kalaupapa National
Historic Park. However, the landowners
do not own the water rights to any of the
streams, and thus cannot fully manage
the conservation of any of these
damselfly populations.
Because there are currently no
Federal, State, or local laws, treaties, or
regulations that specifically conserve or
protect habitat of the flying earwig
Hawaiian damselfly or the Pacific
Hawaiian damselfly from the threats
described in this proposed rule, all of
these threats remain immediate and
significant. The habitat of both species
continues to be reduced, degraded, and
altered by past and present manmade
alterations to streams and riparian zones
and by the indirect impacts of nonnative
plant and animal species to remaining
habitat areas.
Inadequate Protection from Introduction
of Nonnative Species
As discussed above (see Factor C.
Disease or Predation), predation by
nonnative species (fish, insects, and
bullfrogs) is one of the most significant
threats to the survival of the flying
earwig Hawaiian damselfly and the
Pacific Hawaiian damselfly.
Based on historical and current rates
of aquatic species introductions (both
purposeful and accidental), existing
State and Federal regulatory
mechanisms are not adequately
preventing the spread of nonnative
species between islands and watersheds
in Hawaii. The Hawaii Department of
Agriculture has administrative rules in
place that address importation of
nonnative species and establish a permit
process for such activities (Hawaii
Administrative Rules §4-71). The
Division of Aquatic Resources within
the Hawaii Department of Land and
Natural Resources (HDLNR) has
authority to seize, confiscate, or destroy
as a public nuisance, any fish or other
aquatic life found in any waters of the
State and whose importation is
prohibited or restricted pursuant to
rules of the Department of Agriculture
(Section 187A-2(4 H.R.S.§187A-6.5)).
Although State and Federal regulations
are now firmly in place to prevent the
unauthorized entry of nonnative aquatic
species into the State of Hawaii,
movement of species between islands
and from one watershed to the next
remains problematic even while
prohibited (HDOA 2003, pp. 2/12 – 2/
14). For example, while unauthorized
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32503
movement of an aquatic species from
one watershed to the next may be
prohibited, there simply is not enough
government funding to adequately
enforce such regulation or to provide for
sufficient inspection services and
monitoring, although this priority need
is recognized (Cravalho 2009).
Furthermore, due to the complexity of
the pathways of invasion by aquatic
species (i.e., intentional, inadvertent,
and by forces of nature), many
components contributing to the problem
may be better addressed through greater
public outreach and education
(Montgomery 2009).
On the basis of the above information,
existing regulatory mechanisms do not
adequately protect the flying earwig
Hawaiian damselfly or the Pacific
Hawaiian damselfly from the threat of
established nonnative species
(particularly fish and insect species)
spreading between islands and
watersheds, where they may prey upon
or directly compete with the two
damselfly species for food and space.
Because current Federal, State, and local
laws, treaties, and regulations are
inadequate to prevent the spread of
nonnative aquatic animals between
islands and watersheds, the impacts
from these introduced threats remain
immediate and significant. From
habitat-altering nonnative plant species
to predation or competition caused by
frogs, nonnative fish, and insect species,
the Pacific Hawaiian damselfly and the
flying earwig Hawaiian damselfly are
immediately and significantly
threatened by former and new plant and
animal introductions within the
damselflies’ remaining habitat.
Summary of Factor D
The aquatic habitat of the flying
earwig and the Pacific Hawaiian
damselflies is under the jurisdiction of
the State of Hawaii, which also has
management responsibility for aquatic
organisms. However, the State Water
Code has no regulatory mechanism in
place to protect these species or their
habitat. The State Water Code does not
provide for permanent or minimum
instream flow standards for the
protection of aquatic ecosystems upon
which these damselfly species depend,
and does not contain a regulatory
mechanism for identifying and
protecting damselfly habitat under a
wild and scenic river designation.
To date, administration of the Clean
Water Act permitting program by the
U.S. Army Corps of Engineers has not
provided substantive protection of
damselfly habitat, including any
requirements for retention of adequate
instream flows.
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Existing State and Federal regulatory
mechanisms are not preventing the
spread of nonnative animal species
between islands and watersheds.
Predation by nonnative animal species
poses a major ongoing threat to the
flying earwig and the Pacific Hawaiian
damselflies. Because existing regulatory
mechanisms are inadequate to maintain
aquatic habitat for the damselflies and
to prevent the spread of nonnative
species, the inadequacy of existing
regulatory mechanisms is considered to
be a significant and immediate threat.
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Factor E. Other Natural or Manmade
Factors Affecting [Their] Continued
Existence
Small Numbers of Populations and
Individuals
Species that are endemic to single
islands or known from few, widely
dispersed locations are inherently more
vulnerable to extinction than
widespread species because of the
higher risks from genetic bottlenecks,
random demographic fluctuations,
climate change, and localized
catastrophes such as hurricanes,
landslides, and drought (Lande 1988, p.
1,455; Mangel and Tier 1994, p. 607;
Pimm et al. 1988, p. 757). These
problems are further magnified when
populations are few and restricted to a
limited geographic area, and the number
of individuals is very small. Populations
with these characteristics face an
increased likelihood of stochastic
extinction due to changes in
demography, the environment, genetics,
or other factors, in a process described
as an ‘‘extinction vortex’’ by Gilpin and
´
Soule (1986, pp. 24-25). Small, isolated
populations often exhibit a reduced
level of genetic variability or genetic
depression due to inbreeding, which
diminishes the species’ capacity to
adapt and respond to environmental
changes, thereby lessening the
probability of long-term persistence
(e.g., Frankham 2003, pp. S22-S29;
Soule 1980, pp. 151-169). The problems
associated with small population size
and vulnerability to random
demographic fluctuations or natural
catastrophes are further magnified by
synergistic interactions with other
threats, such as those discussed above
(Factors A–C).
Jordan et al. (2007, p. 247) showed in
their genetic and comparative
phylogeography analysis (study of
historical processes responsible for
genetic divergence within a species) of
four Megalagrion species that the Pacific
Hawaiian damselfly may be more
susceptible to problems linked to low
genetic diversity compared to other
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Hawaiian damselfly species. Both Maui
and Molokai populations of this species
were analyzed, and results suggested
that the Pacific Hawaiian damselfly may
not disperse well across both land and
water, which may have led to the low
genetic diversity observed in the two
populations sampled. The authors
proposed that populations of the Pacific
Hawaiian damselfly be monitored and
managed to understand the conservation
needs of this species and the threat of
population bottlenecks (Jordan et al.
2007, p. 258). Unfortunately, this study
did not include an analysis of the flying
earwig Hawaiian damselfly. However,
given that this species may now be
reduced to a single population, the
potential loss of genetic diversity is a
concern for the flying earwig Hawaiian
damselfly as well.
The small number of remaining
populations of the flying earwig
Hawaiian damselfly (now possibly
reduced to a single remaining
population) puts this species at
significant risk of extinction from
stochastic events, such as hurricanes,
landslides, or prolonged drought (Jones
et al. 1984, p. 209). For example,
Polhemus (1993, p. 87) documented the
extirpation of a related damselfly
species, Megalagrion vagabundum, from
the entire Hanakapiai Stream system on
Kauai as a result of the impacts from
Hurricane Iniki in 1992. Such stochastic
events thus pose the threat of immediate
extinction of a species with a very small
and geographically restricted
distribution, as in the case of the flying
earwig Hawaiian damselfly.
Summary of Factor E
The threat to the flying earwig and
Pacific Hawaiian damselflies from
limited numbers of populations and
individuals is significant and immediate
for the following reasons:
• Each of these species is subject to
potentially reduced reproductive vigor
due to inbreeding depression,
particularly the flying earwig Hawaiian
damselfly which is now apparently
restricted to one population;
• Each of these species is subject to
reduced levels of genetic variability that
may diminish their capacity to adapt
and respond to environmental changes,
thereby lessening the probability of their
long-term persistence;
• Since there may be only one
remaining population of the flying
earwig Hawaiian damselfly that occurs
in a relatively restricted geographic
location, a single catastrophic event,
such as a hurricane or landslide, could
result in the extinction of the species.
Likewise, the Pacific Hawaiian
damselfly, with several small, widely
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dispersed populations, would be
vulnerable to the extirpation of
remaining populations; and
• Species with few populations and a
small number of individuals, such as
the Pacific Hawaiian damselfly and
flying earwig Hawaiian damselfly, are
less resilient to threats that might
otherwise have a relatively minor
impact on a larger population. For
example, the reduced availability of
breeding habitat or an increase in
predation of naiads that might be
absorbed in a relatively large population
could result in a significant decrease in
survivorship or reproduction of a
relatively small, isolated population.
The small population size of these two
species thus magnifies the severity of
the impact of the other threats discussed
in this proposed rule.
Conclusion and Proposed Listing
Determination
We have carefully assessed the best
scientific and commercial information
available regarding the past, present,
and future threats to the flying earwig
Hawaiian damselfly and the Pacific
Hawaiian damselfly. We find that both
of these species face immediate and
significant threats throughout their
ranges:
• Both the Pacific Hawaiian damselfly
and the flying earwig Hawaiian
damselfly face threats from past and
present destruction, modification, and
curtailment of their habitats, primarily
from: agriculture and urban
development; stream diversion,
channelization, and dewatering; feral
pigs and nonnative plants; and from
stochastic events like hurricanes,
landslides, and drought. The changing
environmental conditions that may
result from climate change (particularly
rising temperatures) are also likely to
threaten these two damselfly species
(compounded because of the two
species’ small population sizes and
limited distributions), although
currently there is limited information on
the exact nature of these impacts (see
discussion under Factor A).
• The only known population of the
flying earwig Hawaiian damselfly is
immediately and significantly
threatened by potential recreational
collection (Factor B).
• Both the flying earwig Hawaiian
damselfly and the Pacific Hawaiian
damselfly are subject to an immediate
and significant threat of predation by
nonnative insects (ants) and bullfrogs.
The Pacific Hawaiian damselfly is also
similarly threatened by backswimmers
and nonnative fish (Factor C).
• The inadequacy of existing
regulatory mechanisms (e.g., inadequate
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protection of stream habitat and
inadequate protection from the
introduction of nonnative species) poses
a threat to both species of Hawaiian
damselfly, as discussed under Factor D
above.
• Both of these species face an
immediate and significant threat from
extinction due to factors associated with
small numbers of populations and
individuals as discussed under Factor E
above.
All of the above threats are
exacerbated by the inherent
vulnerability of the flying earwig
Hawaiian damselfly and the Pacific
Hawaiian damselfly to extinction from
stochastic events at any time because of
their endemism (indigenousness), small
numbers of individuals and
populations, and restricted habitats.
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 find that each of these two species
endemic to Hawaii is presently in
danger of extinction throughout its
entire range, based on the immediacy,
severity, and scope of the threats
described above. Therefore, on the basis
of the best available scientific and
commercial information, we propose
listing the flying earwig Hawaiian
damselfly and the Pacific Hawaiian
damselfly as endangered in accordance
with sections 3(6) and 4(a)(1) of the Act.
Under the Act and our implementing
regulations, a species may warrant
listing if it is threatened or endangered
throughout all or a significant portion of
its range. Each of the two endemic
damselfly species proposed for listing in
this rule is highly restricted in its range
and the threats occur throughout its
range. Therefore, we assessed the status
of each species throughout its entire
range. In each case, the threats to the
survival of these species occur
throughout the species’ range and are
not restricted to any particular
significant portion of that range.
Accordingly, our assessment and
proposed determination applies to each
species throughout its entire range.
Available Conservation Measures
Conservation measures provided to
species listed as endangered or
threatened under the Act include
recognition, recovery actions,
requirements for Federal protection, and
prohibitions against certain activities.
Recognition through listing results in
public awareness and conservation
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actions by Federal, State, Tribal, and
local agencies, private organizations,
and individuals. The Act encourages
cooperation with the States and requires
that recovery actions be carried out for
all 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 requires 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, selfsustaining, and functioning components
of their ecosystems.
Recovery planning includes the
development of a recovery outline
shortly after a species is listed,
preparation of a draft and final recovery
plan, and revisions to the plan as
significant new information becomes
available. The recovery outline guides
the immediate implementation of urgent
recovery actions and describes the
process to be used to develop a recovery
plan. The recovery plan identifies sitespecific management actions that will
achieve recovery of the species,
measurable criteria that determine when
a species may be downlisted or delisted,
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
(comprised of species experts, Federal
and State agencies, non-government
organizations, and stakeholders) are
often established to develop recovery
plans. When completed, the recovery
outline, draft recovery plan, and the
final recovery plan will be available
from our website (https://www.fws.gov/
endangered), or from our Pacific Islands
Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT).
Implementation of recovery actions
generally requires the participation of a
broad range of partners, including other
Federal agencies, States, nongovernmental organizations, businesses,
and private landowners. Examples of
recovery actions include habitat
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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 and State lands.
If these species are 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 and recovery of the flying
earwig Hawaiian damselfly and the
Pacific Hawaiian damselfly. Information
on our grant programs that are available
to aid species recovery can be found at:
https://www.fws.gov/grants.
Although the flying earwig Hawaiian
damselfly and the Pacific Hawaiian
damselfly are only proposed for listing
under the Act at this time, please let us
know if you are interested in
participating in recovery efforts for
these species. Additionally, we invite
you to submit any new information on
these 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, as amended,
requires Federal agencies to evaluate
their actions with respect to any species
that is proposed or listed as endangered
or threatened and with respect to its
critical habitat, if any is 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 formal
consultation with the Service.
Federal agency actions within the
species’ habitat that may require
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conference or consultation or both as
described in the preceding paragraph
include, but are not limited to: Army
Corps of Engineers involvement in
projects, such as the construction of
roads, bridges, and dredging projects,
subject to section 404 of the Clean Water
Act (33 U.S.C. 1251 et seq.) and section
10 of the Rivers and Harbors Act of 1899
(33 U.S.C. 401 et seq.); U.S.
Environmental Protection Agency
authorized discharges under the
National Pollutant Discharge
Elimination System (NPDES); U.S.
Department of Agriculture involvement
in the release or permitting of the
release of biological control agents
under the Federal Plant Pest Act (7
U.S.C. 150aa-150jj); military training
and related activity carried out by the
U.S. Department of Defense; and
projects by the Natural Resources
Conservation Service, National Park
Service, U.S. Fish and Wildlife Service,
Federal Highways Administration, and
the U.S. Department of Housing and
Urban Development.
The Act and its implementing
regulations set forth a series of general
prohibitions and exceptions that apply
to all endangered and threatened
wildlife. The prohibitions of section
9(a)(2) of the Act, codified at 50 CFR
17.21 for endangered wildlife, in part,
make it illegal for any person subject to
the jurisdiction of the United States to
take (includes harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture,
or collect, or attempt any of these),
import, export, ship in interstate
commerce in the course of a commercial
activity, or sell or offer for sale in
interstate or foreign commerce any
listed species. It is also illegal to
possess, sell, deliver, carry, transport, or
ship any such wildlife that has been
taken illegally. Certain exceptions apply
to our agents and State conservation
agencies.
We may issue permits to carry out
otherwise prohibited activities
involving endangered and threatened
wildlife species under certain
circumstances. Regulations governing
permits are codified at 50 CFR 17.22 for
endangered species, and at 17.32 for
threatened species. With regard to
endangered wildlife, a permit must be
issued for the following purposes: for
scientific purposes, to enhance the
propagation or survival of the species,
and for incidental take in connection
with otherwise lawful activities.
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
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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 species proposed for listing.
The following activities could
potentially result in a violation of
section 9 of the Act; this list is not
comprehensive:
(1) 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 these taxa at least 100
years old, as defined by section 10(h)(1)
of the Act;
(2) Introduction of nonnative species
that compete with or prey upon the two
damselflies, such as the introduction of
competing, nonnative insects or
predatory fish to the State of Hawaii;
(3) The unauthorized release of
biological control agents that attack any
life stage of these species;
(4) Unauthorized modification of the
channel or water flow of any stream or
removal or destruction of emergent
aquatic vegetation in any body of water
in which the flying earwig Hawaiian
damselfly and the Pacific Hawaiian
damselfly are known to occur; and
(5) Unauthorized discharge of
chemicals or fill material into any
waters in which the flying earwig
Hawaiian damselfly and the Pacific
Hawaiian damselfly are known to occur.
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 (see FOR FURTHER INFORMATION
CONTACT). Requests for copies of the
regulations concerning listed animals
and general inquiries regarding
prohibitions and permits may be
addressed to the U.S. Fish and Wildlife
Service, Endangered Species Permits,
911 N.E. 11th Avenue, Portland, OR
97232-4181 (telephone 503-231-2063;
facsimile 503-231-6243).
If these two Hawaiian damselflies are
listed under the Act, the State of
Hawaii’s Endangered Species Act (HRS,
Sect. 195D–4(a)) is automatically
invoked, which would also prohibit take
of these species and encourage
conservation by State government
agencies. Further, the State may enter
into agreements with Federal agencies
to administer and manage any area
required for the conservation,
management, enhancement, or
protection of endangered species (HRS,
Sect. 195D–5(c)). Funds for these
activities could be made available under
section 6 of the Act (Cooperation with
the States). Thus, the Federal protection
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afforded to these species by listing them
as endangered species will be reinforced
and supplemented by protection under
State law.
Critical Habitat
Background
Critical habitat is defined in section 3
of the Act as:
(i) The specific areas within the
geographical area occupied by a species,
at the time it is listed in accordance
with the Act, on which are found those
physical or biological features
(I) essential to the conservation of the
species and
(II) which may require special
management considerations or
protection; and
(ii) specific areas outside the
geographical area occupied by the
species at the time it is listed, upon a
determination that such areas are
essential for the conservation of the
species.
Conservation, as defined under
section 3 of the Act, means to use and
the use of all methods and procedures
that are necessary to bring an
endangered or threatened species to the
point at which the measures provided
under the Act are no longer necessary.
Such methods and procedures include,
but are not limited to, all activities
associated with scientific resources
management such as research, census,
law enforcement, habitat acquisition
and maintenance, propagation, live
trapping, and transplantation, and, in
the extraordinary case where population
pressures within a given ecosystem
cannot be otherwise relieved, may
include regulated taking.
Critical habitat receives protection
under section 7 of the Act through the
prohibition against Federal agencies
carrying out, funding, or authorizing the
destruction or adverse modification of
critical habitat. Section 7(a)(2) of the Act
requires consultation on Federal actions
that may affect critical habitat. The
designation of critical habitat does not
affect land ownership or establish a
refuge, wilderness, reserve, preserve, or
other conservation area. Such
designation does not allow the
government or public access to private
lands. Such designation does not
require implementation of restoration,
recovery, or enhancement measures by
the landowner. Where a landowner
seeks or requests Federal agency
funding or authorization that may affect
a listed species or critical habitat, the
consultation requirements of section
7(a)(2) of the Act would apply, but even
in the event of a destruction or adverse
modification finding, the Federal action
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agency’s and landowner’s obligation is
not to restore or recover the species, but
to implement reasonable and prudent
alternatives to avoid destruction or
adverse modification of the critical
habitat.
For inclusion in a critical habitat
designation, habitat within the
geographical area occupied by the
species at the time it was listed must
contain the physical and biological
features essential to the conservation of
the species, and be included only if
those features may require special
management considerations or
protection. Critical habitat designations
identify, to the extent known using the
best scientific and commercial data
available, habitat areas containing the
physical and biological features, which
are the Primary Constituent Elements
(PCEs) laid out in the appropriate
quantity and spatial arrangement that
are essential to the conservation of the
species. Under the Act and regulations
at 50 CFR 424.12, we can designate
critical habitat in areas outside the
geographical area occupied by the
species at the time it is listed only when
we determine that those areas are
essential for the conservation of the
species and that designation limited to
those areas occupied at the time of
listing would be inadequate to ensure
the conservation of the species.
Section 4 of the Act requires that we
designate critical habitat on the basis of
the best scientific and commercial data
available. Further, our Policy on
Information Standards Under the
Endangered Species Act (published in
the Federal Register on July 1, 1994 (59
FR 34271)), the Information Quality Act
(section 515 of the Treasury and General
Government Appropriations Act for
Fiscal Year 2001 (Pub.L. 106-554; H.R.
5658)), and our associated Information
Quality Guidelines, provide criteria,
establish procedures, and provide
guidance to ensure that our decisions
are based on the best scientific data
available. They require our biologists, to
the extent consistent with the Act and
with the use of the best scientific data
available, to use primary and original
sources of information as the basis for
recommendations to designate critical
habitat.
Habitat is often dynamic, and species
may move from one area to another over
time. Furthermore, we recognize that
critical habitat designated at a particular
point in time may not include all of the
habitat areas that we may later
determine are necessary for the recovery
of the species. For these reasons, a
critical habitat designation does not
signal that habitat outside the
designated area is unimportant or may
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not be required for recovery of the
species.
Areas that are important to the
conservation of the species, but are
outside the critical habitat designation,
will continue to be subject to
conservation actions we implement
under section 7(a)(1) of the Act. Areas
that support populations are also subject
to the regulatory protections afforded by
the section 7(a)(2) jeopardy standard, as
determined on the basis of the best
available scientific information at the
time of the agency action. Federally
funded or permitted projects affecting
listed species outside their designated
critical habitat areas may still result in
jeopardy findings in some cases.
Similarly, critical habitat designations
made on the basis of the best available
information at the time of designation
will not control the direction and
substance of future recovery plans,
habitat conservation plans (HCPs), or
other species conservation planning
efforts if new information available at
the time of these planning efforts
warrants otherwise.
Prudency Determination
Section 4(a)(3) of the Act, as
amended, and implementing regulations
(50 CFR 424.12) require that, to the
maximum extent prudent and
determinable, the Secretary designate
critical habitat at the time a species is
determined to be endangered or
threatened. Our regulations (50 CFR
424.12(a)(1)) state that designation of
critical habitat is not prudent when one
or both of the following situations exist:
(1) The species is threatened by taking
or other human activity, and
identification of critical habitat can be
expected to increase the degree of threat
to the species, or (2) such designation of
critical habitat would not be beneficial
to the species.
In the absence of finding that the
designation of critical habitat would
increase threats to a species, if there are
any benefits to a critical habitat
designation, then a prudent finding is
warranted. We find that the designation
of critical habitat for the two damselfly
species addressed in this rule will
benefit them by: (1) Triggering
consultation under section 7 of the Act
for Federal actions where consultation
would not otherwise occur because, for
example, the affected area has become
unoccupied by the species or the
occupancy is in question; (2) focusing
conservation efforts on the most
essential habitat features and areas; (3)
providing educational benefits about the
species to State or county governments
or private entities; and (4) preventing
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people from causing inadvertent harm
to the species.
The primary regulatory effect of
critical habitat is the section 7(a)(2)
requirement that Federal agencies
refrain from taking any action that
destroys or adversely modifies critical
habitat. On the island of Maui, one
population of the Pacific Hawaiian
damselfly occurs in a stream that flows
through Haleakala National Park, and on
the island of Molokai, one population of
this species occurs in the lower section
of a stream that flows through
Kalaupapa National Historical Park. The
National Park Service regulations and
Federal laws protect all animals in
national parks from harassment or
destruction. Nevertheless, lands that
may be designated as critical habitat in
the future for this species may be
subject to Federal actions that trigger the
section 7 consultation requirement,
such as the granting of Federal monies
for conservation projects or the need for
Federal permits for projects, such as the
construction and maintenance of
aqueducts and bridges subject to section
404 of the Clean Water Act (33 U.S.C.
1251 et seq.). There may also be some
educational or informational benefits to
the designation of critical habitat.
Educational benefits include the
notification of landowners, land
managers, and the general public of the
importance of protecting the habitat of
these species. Critical habitat may play
a role in protecting habitat for future
reintroductions of a species as well. For
example, although the flying earwig
Hawaiian damselfly formerly inhabited
areas that are not currently occupied by
the species, if those currently
unoccupied areas are determined to be
essential to the survival and recovery of
the species, they may be proposed for
designation of critical habitat. This
would alert the public that these areas
are important for the future recovery of
the species, as well as invoke the
protection of these areas under section
7 of the Act with regard to any possible
Federal actions in that area. These
aspects of critical habitat designation
would potentially benefit the
conservation of both the flying earwig
Hawaiian damselfly and the Pacific
Hawaiian damselfly. Although
collection has been identified as a threat
to the flying earwig Hawaiian damselfly,
we believe that collection poses a
potential threat to this rare species
regardless of the designation of critical
habitat. Therefore, since we have
determined that the identification of
critical habitat will not increase the
degree of threats to these species and
because the designation may provide
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some measure of benefit, we find that
designation of critical habitat is prudent
for both the flying earwig Hawaiian
damselfly and the Pacific Hawaiian
damselfly.
Critical Habitat Determinability
As stated above, section 4(a)(3) of the
Act requires the designation of critical
habitat concurrently with the species’
listing ‘‘to the maximum extent prudent
and determinable.’’ Our regulations at
50 CFR 424.12(a)(2) state that critical
habitat is not determinable when one or
both of the following situations exist:
(A) Information sufficient to perform
required analyses of the impacts of the
designation is lacking, or
(B) The biological needs of the species
are not sufficiently well known to
permit identification of an area as
critical habitat.
When critical habitat is not
determinable, the Act provides for an
additional year to publish a critical
habitat designation (16 U.S.C.
1533(b)(6)(C)(ii)).
In accordance with section 3(5)(A)(i)
and 4(b)(1)(A) of the Act and the
regulations at 50 CFR 424.12, in
determining which areas occupied by
the species at the time of listing to
designate as critical habitat, we consider
the physical and biological features
essential to the conservation of the
species which may require special
management considerations or
protection. These include, but are not
limited to:
(1) Space for individual and
population growth, and for normal
behavior;
(2) Food, water, air, light, minerals, or
other nutritional or physiological
requirements;
(3) Cover or shelter;
(4) Sites for breeding, reproduction,
rearing (or development) of offspring;
and generally
(5) Habitats that are protected from
disturbance or are representative of the
historical geographical and ecological
distributions of a species.
As required by 50 CFR 424.12(b), we
are to list the known primary
constituent elements (PCEs) with our
description of critical habitat. The the
physical and biological features are the
PCEs laid out in the appropriate
quantity and spatial arrangement, which
are essential to the conservation of the
species. These may be based upon, but
are not limited to: roost sites, nesting
grounds, spawning sites, feeding sites,
seasonal wetlands or drylands, water
quality or quantity, vegetation type,
plant host species and associated
pollinators, geological formations, tides,
and specific soil types.
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We are currently unable to identify
the physical and biological features that
are considered essential to the
conservation of either damselfly species,
because information on these is not
available at this time. Key features of the
life histories of these damselfly species,
such as longevity, larval stage
requirements, and fecundity, remain
unknown. The aquatic and associated
upland habitats where the populations
of the Pacific Hawaiian damselfly are
found have been modified and altered
by development and agriculture; stream
diversions, channelization, dewatering;
and nonnative plants. In addition,
introduced ants, backswimmers,
bullfrogs, and predatory nonnative fish
have altered and degraded the habitat
for the Pacific Hawaiian damselfly.
Likewise, the uluhe moist talus slope
habitats where populations of the flying
earwig Hawaiian damselfly once
occurred have been modified and
altered by agriculture; stream
diversions, channelization, dewatering;
and the presence of feral pigs, nonnative
plants, and introduced ants and
bullfrogs. Historically, both of these
damselfly species were much more
widespread and occurred in habitats
found on several different islands.
Because over a century has elapsed
since these species were observed in an
unaltered environment, the optimal
conditions that provide the biological or
ecological requisites of these species are
not known. As described above, we can
surmise that habitat degradation from a
variety of factors and predation by a
number of nonnative species has
contributed to the decline of these
species; however, we do not know the
physical or biological features that are
essential for either of the two
damselflies addressed in this proposed
rule. As we are unable to identify the
physical and biological features
essential to the conservation of these
species, we are unable to identify areas
that contain these features.
Although we have determined that
the designation of critical habitat is
prudent for the flying earwig Hawaiian
damselfly and the Pacific Hawaiian
damselfly, the biological needs of these
species are not sufficiently well known
to permit identification of the physical
and biological features that may be
essential for the conservation of the
species, or those areas essential to the
conservation of the species. Therefore,
we find that critical habitat for the
flying earwig Hawaiian damselfly and
the Pacific Hawaiian damselfly is not
determinable at this time. We intend to
continue gathering information
regarding the essential life history
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requirements of the flying earwig
Hawaiian damselfly and the Pacific
Hawaiian damselfly to facilitate
identification of essential features and
areas. We will evaluate the needs of the
flying earwig Hawaiian damselfly and
the Pacific Hawaiian damselfly within
the ecological context of the broader
ecosystems in which they occur, similar
to the approach that we recently used in
our proposal to designate critical habitat
for 47 species endemic to the island of
Kauai (October 21, 2008; 73 FR 62592),
and will consider the utility of using
this approach for these species as well.
Peer Review
In accordance with our joint policy
published in the Federal Register on
July 1, 1994 (59 FR 34270), we will seek
the expert opinions of at least three
appropriate independent specialists
regarding this proposed rule. The
purpose of peer review is to ensure that
our proposed rule is based on
scientifically sound data, assumptions,
and analyses. We have posted our
proposed peer review plan on our
website at https://www.fws.gov/pacific/
informationquality/index.htm. We will
send these peer reviewers copies of this
proposed rule, immediately following
publication in the Federal Register. We
have invited these peer reviewers to
comment during this public comment
period on our specific assumptions and
conclusions in this proposal to list two
Hawaiian damselfly species as
endangered and our decision regarding
critical habitat for these species.
We will consider all comments and
information we receive during the
comment period on this proposed rule
during preparation of a final
determination. Accordingly, the final
decision may differ from this proposal.
Public Hearings
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 of
publication of this proposal in the
Federal Register. Such requests must be
sent to the address shown in the FOR
FURTHER INFORMATION CONTACT section.
We will schedule public hearings on
this proposal, if any are requested, and
announce the dates, times, and places of
the hearing, as well as how to obtain
reasonable accommodations, in the
Federal Register and local newspapers
at least 15 days before the hearing.
Persons needing reasonable
accommodations to attend and
participate in a public hearing should
contact the Pacific Islands Fish and
Wildlife Office at 808-792-9400, as soon
as possible. To allow sufficient time to
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process requests, please call no later
than one week before the hearing date.
Information regarding this proposed
rule is available in alternative formats
upon request.
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:
(a) Be logically organized;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) 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 the
‘‘ADDRESSES’’ section. 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.
Common name
*
*
*
INSECTS
*
*
*
Scientific name
*
*
*
*
*
Historic
range
We have determined that
environmental assessments and
environmental impact statements, as
defined under the authority of the
National Environmental Policy Act of
1969, need not be prepared in
connection with regulations adopted
pursuant to section 4(a) of the 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 all references cited
in this rule is available on the Internet
at https://www.regulations.gov or upon
request from the Field Supervisor,
Pacific Islands Fish and Wildlife Office
(see FOR FURTHER INFORMATION CONTACT).
Vertebrate population
where endangered or
threatened
Status
The primary authors of this document
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, and
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—[AMENDED]
1. The authority citation for part 17
continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16
U.S.C. 1531-1544; 16 U.S.C. 4201-4245;
Pub. L. 99-625, 100 Stat. 3500; unless
otherwise noted.
2. Amend § 17.11(h) by adding entries
for ‘‘Damselfly, flying earwig Hawaiian’’
and ‘‘Damselfly, Pacific Hawaiian’’ to
the List of Endangered and Threatened
Wildlife in alphabetical order under
Insects to read as follows:
§17.11 Endangered and threatened
wildlife.
*
*
*
*
*
(h) * * *
When listed
Critical habitat
Special rules
*
*
This rule does not contain any new
collections of information that require
approval by Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). This rule will not impose
recordkeeping or reporting requirements
on State or local governments,
individuals, businesses, or
organizations. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
National Environmental Policy Act
(b) Use the active voice to address
readers directly;
Species
Author(s)
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.)
*
Damselfly, flying
earwig
Hawaiian
Megalagrion
nesiotes
U.S.A.
(HI)
NA
E
TBD
NA
NA
Damselfly,
Pacific
Hawaiian
Megalagrion
pacificum
U.S.A.
(HI)
NA
E
TBD
NA
NA
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*
*
*
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*
*
*
18:37 Jul 07, 2009
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E:\FR\FM\08JYP1.SGM
08JYP1
32510
Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Proposed Rules
Dated: June 25, 2009.
Marvin E. Moriarty,
Acting Director, U.S. Fish and Wildlife Service
[FR Doc. E9–16087 Filed 7–7– 09; 8:45 am]
BILLING CODE 4310–55–S
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS–R4–ES–2009–0022; 92210–1117–000–
B4]
Endangered and Threatened Wildlife
and Plants; 90–Day Finding on a
Petition To List the Coqui Llanero
(Eleutherodactylus juanariveroi) as
Endangered
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of petition finding and
initiation of status review.
SUMMARY: We, the U.S. Fish and
Wildlife Service (the Service), announce
a 90-day finding on a petition to list
coqui llanero (Eleutherodactylus
juanariveroi), a tree frog, as threatened
or endangered under the Endangered
Species Act of 1973, as amended (Act).
Following our review of the petition, we
find that it provides substantial
scientific or commercial information
indicating that listing this species may
be warranted. Therefore, with the
publication of this notice, we initiate a
status review to determine if listing the
coqui llanero is warranted. To ensure
that the status review is comprehensive,
we request scientific and commercial
data and other information regarding
this species. We will initiate a
determination on critical habitat for this
species if and when we initiate a listing
action.
DATES: We made the finding announced
in this document on July 8, 2009. To
allow us adequate time to conduct this
review, we request that information be
submitted on or before September 8,
2009.
You may submit
information by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS–R4–
ES–2009–0022; Division of Policy and
Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive,
Suite 222, Arlington, VA 22203.
We will post all information we
receive on https://www.regulations.gov.
mstockstill on DSKH9S0YB1PROD with PROPOSALS
ADDRESSES:
VerDate Nov<24>2008
18:38 Jul 07, 2009
Jkt 217001
This generally means that we will post
any personal information you provide
us (see the Information Solicited section
below for more details).
FOR FURTHER INFORMATION CONTACT:
˜
Edwin E. Muniz, Field Supervisor,
Caribbean Ecological Services Field
´
Office, P.O. Box 491, Boqueron, PR
00622; by telephone, (787) 851–7297; or
by facsimile, (787) 851–7440. Persons
who use a telecommunications device
for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at
800–877–8339.
SUPPLEMENTARY INFORMATION:
Information Solicited
When we make a finding that a
petition presents substantial
information indicating that listing a
species may be warranted, the Act (16
U.S.C. 1531 et seq.) requires us to
promptly commence a review of the
status of the species. To ensure that the
status review is complete and based on
the best available scientific and
commercial information, we seek
information on the coqui llanero. We
request information from the public,
other concerned governmental agencies,
Native American Tribes, the scientific
community, industry, or any other
interested parties concerning the status
of the coqui llanero. We seek
information regarding:
(1) The species’ historical and current
status and distribution, its biology and
ecology, and ongoing conservation
measures for the species and its habitat;
(2) Information relevant to the factors
that are the basis for our making any
listing determination for a species under
section 4(a) of the Act, which are:
(a) The present or threatened
destruction, modification, or
curtailment of the species’ 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 and
threats to the species or its habitat; and
(3) Information on the effects of
climate change, sea-level change, and
water temperature change on the
distribution and abundance of the
species.
If we determine that listing the
species is warranted, we intend to
propose critical habitat to the maximum
extent prudent and determinable at the
time we propose the listing. Therefore,
with regard to areas within the
geographical range currently occupied
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by the coqui llanero, we also request
data and information on what may
constitute physical or biological features
essential to the conservation of the
species, where these features are
currently found, and whether any of
these features may require special
management considerations or
protection. In addition, we request data
and information regarding whether
there are areas outside the geographical
area occupied by the species that are
essential to the conservation of the
species. Please provide specific
comments and information as to what,
if any, critical habitat you think we
should propose for designation if the
species is proposed for listing, and why
such habitat meets the requirements of
the Act.
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 (16 U.S.C. 1531 et
seq.) 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.’’ Based
on the status review, we will issue a 12month finding on the petition, as
provided in section 4(b)(3)(B) of the Act.
You may submit your information
concerning this status review by one of
the methods listed in the ADDRESSES
section.
If you submit information via https://
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 your personal
information from public review.
However, we cannot guarantee that we
will be able to do so. We will post all
hardcopy comments on https://
www.regulations.gov.
Information and materials we receive,
as well as supporting documentation we
used in preparing this finding, will be
available for public inspection on https://
www.regulations.gov, or by
appointment, during normal business
hours, at the U.S. Caribbean Ecological
Services Field Office (see FOR FURTHER
INFORMATION CONTACT section).
Background
Section 4(b)(3)(A) of the Act requires
that we make a finding on whether a
petition to list, delist, or reclassify a
species presents substantial scientific or
commercial information indicating that
E:\FR\FM\08JYP1.SGM
08JYP1
Agencies
[Federal Register: July 8, 2009 (Volume 74, Number 129)]
[Proposed Rules]
[Page 32490-32510]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy09-31]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R1-ES-2009-0036; 92210-1111-0000-B2]
RIN 1018-AV47
Endangered and Threatened Wildlife and Plants; Proposed
Endangered Status for Flying Earwig Hawaiian Damselfly (Megalagrion
nesiotes) and Pacific Hawaiian Damselfly (M. pacificum) Throughout
Their Ranges
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
list two species of Hawaiian damselflies, the flying earwig Hawaiian
damselfly (Megalagrion nesiotes) and the Pacific Hawaiian damselfly (M.
pacificum), as endangered under the Endangered Species Act of 1973, as
amended (Act). If we finalize this rule as proposed, it would extend
the Act's protections to these species. We have determined that
critical habitat for these two Hawaiian damselflies is prudent, but not
determinable at this time.
DATES: We will accept comments received on or before September 8, 2009.
We must receive requests for public hearings, in writing, at the
address shown in the FOR FURTHER INFORMATION CONTACT section by August
24, 2009.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments to Docket No. FWS-R1-
ES-2009-0036.
[[Page 32491]]
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R1-ES-2009-0036; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Public Comments section below for more information).
FOR FURTHER INFORMATION CONTACT: Gina Shultz, Deputy Field Supervisor,
Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Box
50088, Honolulu, HI 96850; telephone 808-792-9400; 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:
Public Comments
We intend that any final action resulting from this 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 suggestions on this proposed rule from the public, other concerned
governmental agencies, the scientific community, industry, or any other
interested party concerning this proposed rule. We particularly seek
comments concerning:
(1) Biological, commercial trade, or other relevant data concerning
threats (or lack thereof) to these species and regulations that may be
addressing those threats;
(2) Additional information concerning the range, distribution, and
population sizes of these species, including the locations of any
additional populations of these species;
(3) Any information on the biological or ecological requirements of
these species;
(4) Current or planned activities in the areas occupied by these
species and their possible impacts on these species;
(5) Which physical and biological factors are essential to the
conservation of each species and whether those features may require
special management considerations or protections;
(6) Which specific areas area essential to the conservation of each
species; and
(7) The reasons why any areas should or should not be designated as
critical habitat as provided by section 4 of the Endangered Species Act
of 1973, as amended (Act) (16 U.S.C. 1531 et seq.), including whether
the benefits of designation would outweigh the threats to the species
that designation could cause, such that the designation of critical
habitat is prudent.
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 the ADDRESSES section.
If you submit a comment via https://www.regulations.gov, your entire
comment--including any personal identifying information--will be posted
on the website. 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 https://www.regulations.gov. Please include
sufficient information with your comments to allow us to verify any
scientific or commercial information you include.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection at https://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).
You may obtain copies of the proposed rule by mail from the Pacific
Islands Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT)
or by visiting the Federal eRulemaking Portal at https://
www.regulations.gov.
Background
Previous Federal Actions
The candidate status of each of the two damselfly species proposed
here for listing, the flying earwig Hawaiian damselfly and the Pacific
Hawaiian damselfly, was most recently reassessed and affirmed in the
December 6, 2007, Notice of Review of Native Species that are
Candidates for Listing as Endangered or Threatened (CNOR) (72 FR
69034). Candidate species are those taxa for which the Service has
sufficient information on their biological status and threats to
propose them for listing under the Act, but for which the development
of a listing regulation has been precluded by other higher priority
listing activities.
Both the flying earwig Hawaiian damselfly and the Pacific Hawaiian
damselfly were first listed as candidate species on May 22, 1984 (49 FR
21664). The flying earwig Hawaiian damselfly was listed as a Category
3A (C3A) species, while the Pacific Hawaiian damselfly was listed as a
Category 2 (C2) species. The flying earwig was removed from the
candidate list on November 21, 1991 (56 FR 58804), whereas the Pacific
Hawaiian damselfly retained its status as a C2 species. On November 15,
1994 (59 FR 58982), the flying earwig Hawaiian damselfly was added back
to the candidate list, this time as a C2 species, and the Pacific
Hawaiian damselfly was reclassified as a Category 1 species. In the
Candidate Notice of Review (CNOR) published on February 28, 1996, we
announced a revised list of plant and animal taxa that were regarded as
candidates for possible addition to the Lists of Threatened and
Endangered Wildlife and Plants (61 FR 7595). This revision also
included a new ranking system, whereby each candidate species was
assigned a Listing Priority Number (LPN) from 1 to 12. Both the flying
earwig Hawaiian damselfly and the Pacific Hawaiian damselfly were
assigned an LPN of 2 on February 28, 1996 (61 FR 7595).
On May 4, 2004, the Center for Biological Diversity petitioned the
Secretary of the Interior to list 225 species of plants and animals
that were already candidates, including these two Hawaiian damselfly
species, as endangered or threatened under the provisions of the Act.
In our annual CNOR, dated May 11, 2005 (70 FR 24870), we retained a
listing priority number of 2 for both of these species in accordance
with our priority guidance published on September 21, 1983 (48 FR
43098). A listing priority number of 2 reflects threats that are both
imminent and high in magnitude, as well as the taxonomic classification
of each of these two Hawaiian damselflies as distinct species. At the
time, we determined that publication of a proposed rule to list these
species was precluded by our work on higher priority listing actions.
Since then, we have published our annual findings on the May 4, 2004,
petition (including our findings on these two candidate species) in the
CNORs dated September 12, 2006 (71 FR 53756), December 6, 2007 (72 FR
69034), and December 10, 2008 (73 FR 75176).
In Fiscal year 2007, we determined that funding was available to
initiate
[[Page 32492]]
work on listing determinations for these two species and that work on
listing determinations was no longer precluded by higher priority
actions. As such, this proposal constitutes our proposed listing
determination for these two species.
Species Information
The Hawaiian Islands are well-known for several spectacular
evolutionary radiations resulting in a unique insect fauna found
nowhere else in the world. One such group, which began its evolution
perhaps as long as 10 million years ago (Jordan et al. 2003, p. 89), is
the narrow-winged Hawaiian damselfly genus Megalagrion. This genus
appears to be most closely related to species of Pseudagrion elsewhere
in the Indo-Pacific (Zimmerman 1948a, pp. 341, 345). The Megalagrion
species of the Hawaiian Islands have evolved to occupy as many larval
breeding niches as all the rest of the world's damselfly species
combined, and in terms of the number of insular endemic (native to only
one island) species, are exceeded only by the radiation of damselfly
species of Fiji in the Pacific (Jordan et al. 2003, p. 91). Resembling
slender dragonflies, damselflies are distinguished by folding their
wings parallel to the body while at rest rather than holding them out
perpendicular to the body.
Native Hawaiians apparently did not differentiate the various
species, but referred to the native damselflies (and dragonflies)
collectively as ``pinau,'' and to the red-colored damselflies
specifically as ``pin ao ula.'' There has been no traditional European
use of a common name for species in the genus Megalagrion. In his 1994
taxonomic review of the candidate species of insects of the Hawaiian
Islands, Nishida (1994, pp. 4-7) proposed the name ``Hawaiian
damselflies'' as the common name for species in the genus Megalagrion.
Because this name reflects the restricted distribution of these insects
and is nontechnical, the common name ``Hawaiian damselflies'' is
adopted for general use here, and we use the accepted common names
flying earwig Hawaiian damselfly and Pacific Hawaiian damselfly to
identify the two individual species addressed in this proposed rule.
The general biology of Hawaiian damselflies is typical of other
narrow-winged damselflies (Polhemus and Asquith 1996, pp. 2-7). The
males of most species are territorial, guarding areas of habitat where
females will lay eggs (Moore 1983a, p. 89). During copulation, and
often while the female lays eggs, the male grasps the female behind the
head with terminal abdominal appendages to guard the female against
rival males; thus males and females are frequently seen flying in
tandem.
In most species of Hawaiian damselflies, the immature larval stages
(naiads) are aquatic, breathing through three flattened abdominal
gills, and are predaceous, feeding on small aquatic invertebrates or
fish (Williams 1936, p. 303). Females lay eggs in submerged aquatic
vegetation or in mats of moss or algae on submerged rocks, and hatching
occurs in about 10 days (Williams 1936, pp. 303, 306, 318; Evenhuis et
al. 1995, p. 18). Naiads may take up to 4 months to mature (Williams
1936, p. 309), after which they crawl out of the water onto rocks or
vegetation to molt into winged adults, typically remaining close to the
aquatic habitat from which they emerged. The Pacific Hawaiian damselfly
exhibits this typical aquatic life history.
The naiads of some species of Hawaiian damselflies are terrestrial
or semi-terrestrial, living on wet rock faces or in damp terrestrial
conditions, inhabiting wet leaf litter or moist leaf axils (the angled
juncture of the leaf and stem) of native plants up to several feet
above ground (Zimmerman 1970, p. 33; Simon et al. 1984, p. 13; Polhemus
and Asquith 1996, p. 17). The naiads of these terrestrial and semi-
terrestrial species have evolved short, thick, hairy gills and in many
species are unable to swim (Polhemus and Asquith 1996, p. 75). The
flying earwig Hawaiian damselfly is believed to exhibit this
terrestrial or semi-terrestrial naiad life history.
Adult damselflies are predaceous and feed on small flying insects
such as midges. The adults of many of the Hawaiian Megalagrion spp. are
unusual in that they have a highly developed behavior of feigning death
when caught or attacked (Moore 1983b, pp. 161-165).
The Hawaiian damselflies are represented by 23 species and 5
subspecies, and are found on 6 of the Hawaiian Islands (Kauai, Oahu,
Molokai, Maui, Lanai, and Hawaii). There are more species of
Megalagrion on the geologically older islands (e.g., 12 species on
Kauai) than on the geologically youngest island (e.g., 8 species on
Hawaii), and there are more single-island endemic species on the older
islands (e.g., 10 on Kauai) than on the youngest island (e.g., none on
Hawaii) (Jordan et al. 2003, p. 91). Historically, Megalagrion
damselflies were among the most common and conspicuous native Hawaiian
insects. Some species commonly inhabited water gardens in residential
areas, artificial reservoirs, and watercress farms, and were even
abundant in the city of Honolulu, as noted by early collectors of this
group (Perkins 1899, p. 76; Perkins 1913, p. clxxviii; Williams 1936,
p. 304).
Beginning with the early alteration of streams and wetland systems
by the colonizing Hawaiians, followed by extensive stream and wetland
conversion, alteration, and modification, and by degradation of native
forests through the 20th century, Hawaii's native damselflies,
including the two species that are the subject of this proposal,
experienced a tremendous reduction in available habitat. In addition,
predation by a number of nonnative species that have been both
intentionally and, in some cases, inadvertently introduced onto the
Hawaiian Islands is a significant and ongoing threat to all native
Hawaiian damselflies.
Flying Earwig Hawaiian Damselfly
The flying earwig Hawaiian damselfly was first described from
specimens collected in the 1890s in Puna on Hawaii Island by R.C.L.
Perkins (1899, p. 72). Kennedy (1934, pp. 343-345) described what was
believed at the time to be a new species of damselfly based on
specimens from Maui; these were later determined to be synonymous with
the specimens collected by Perkins. The flying earwig Hawaiian
damselfly is a comparatively large and elongated species. The males are
blue and black in color and exhibit distinctive, greatly enlarged,
pincer-like cerci (paired appendages on the rear-most segment of the
abdomen used to clasp the female during mating). Females are
predominantly brownish in color. The adults measure from 1.8 to 1.9
inches (in) (46 to 50 millimeters (mm)) in length and have a wingspan
of 1.9 to 2.1 in (50 to 53 mm). The wings of both sexes are clear
except for the tips, which are narrowly darkened along the front
margins. Naiads of this species have never been collected or found
(Polhemus and Asquith 1996, p. 69), but they are believed to be
terrestrial or semi-terrestrial in habit (Kennedy 1934, p. 345; Preston
2007).
The biology of the flying earwig Hawaiian damselfly is not well
understood, and it is unknown if this species is more likely to be
associated with standing water or flowing water (Kennedy 1934, p. 345;
Polhemus 1994, p. 40). The only confirmed population found in the last
6 years occurs along a steep, moist, riparian talus slope (a slope
formed by an accumulation of rock debris), densely covered with
Dicranopteris linearis (uluhe), a native
[[Page 32493]]
fern. Adults of the flying earwig Hawaiian damselfly have been observed
to perch on vegetation and boulders, and to fly slowly for short
distances. When disturbed, the adults fly downward within nearby
vegetation or between rocks, rather than up and away as is usually
observed with aquatic Hawaiian damselfly species. Although immature
individuals have not been located, based on the habitat and the
behavior of the adults, it is believed that the naiads are terrestrial
or semi-terrestrial, occurring among damp leaflitter (Kennedy 1934, p.
345) or possibly within moist soil or seeps between boulders in
suitable habitat (Preston 2007). The highest elevation at which this
species has been recorded is 3,000 feet (ft) (914 meters (m)), but its
close association with uluhe habitat suggests that its range may extend
upward to close to 4,000 ft (1,212 m) (Foote 2007).
Historically, the flying earwig Hawaiian damselfly was known from
the islands of Hawaii and Maui. On Hawaii, it was originally known from
seven or more general localities. The species has not been seen on
Hawaii for over 80 years, although extensive surveys within apparently
suitable habitat in the Kau and Olaa areas were conducted from 1997 to
2008 (Polhemus 2008). On Maui, the flying earwig damselfly was
historically reported from five general locations on the windward side
of the island (Kennedy 1934, p. 345). Since the 1930s, however, the
flying earwig Hawaiian damselfly has only been observed in a single
area on the windward side of east Maui, despite surveys from 1993
through 2008 at several of its historically occupied sites. The last
observation of the species on windward east Maui was in 2005 (Foote
2008); the species was not observed during the last survey at this
location in 2008. No quantitative estimate of the size of this
remaining population is available.
It is hypothesized that the flying earwig Hawaiian damselfly may
now be restricted to what is perhaps suboptimal habitat, where periodic
absences of the species due to drought may be expected and might
explain the lack of observations of the species (Foote 2007). Some
researchers also believe that overcollection of this species by
enthusiasts may have impacted some populations in the past (Polhemus
2008). It is further possible that the individuals observed in this
area are actually part of a larger population that may be located in
the extensive belt of uluhe habitat located upslope, where the habitat
is predominantly native shrubs and matted fern understory (Foote 2007;
Hawaii Biodiversity and Mapping Program (HBMP) 2006). Unsurveyed areas
containing potentially suitable habitat for this species include the
Hana coast of east Maui, and the east rift zone of Kilauea and the Kona
area on the island of Hawaii (Foote 2007).
Pacific Hawaiian Damselfly
The Pacific Hawaiian damselfly was first described by McLachlan
(1883, p. 234) based on specimens collected by R.C.L. Perkins from
streams on the islands of Lanai and Maui. This damselfly is a
relatively small, dark-colored species, with adults measuring from 1.3
to 1.4 in (34 to 37 mm) in length and having a wingspan of 1.3 to 1.6
in (33 to 42 mm). Both adult males and females are mostly black in
color. Males exhibit brick red striping and patterns, while females
exhibit light green striping and patterns. The only immature
individuals of this species that have been collected were early-instar
(an intermoult stage of development) individuals, and they exhibit
flattened, leaf-like gills (Polhemus and Asquith 1996, p. 83). This
species is most easily distinguished from other Hawaiian damselflies by
the extremely long lower abdominal appendages of the male, which
greatly exceed the length of the upper appendages.
Historically, the Pacific Hawaiian damselfly was known from lower
elevations (below 2,000 ft (600 m)) on all of the main Hawaiian Islands
except Kahoolawe and Niihau (Perkins 1899, p. 64). This species was
known to breed primarily in lentic (standing water) systems such as
marshes, seepage-fed pools, large ponds at higher elevations, and
small, quiet pools in gulches that have been cut off from the main
stream channel (Moore and Gagne 1982, p. 4; Polhemus and Asquith 1996,
p. 83). The Pacific Hawaiian damselfly is no longer found in most
lentic habitats in Hawaii, such as ponds and taro (Colocasia esculenta)
fields, due to predation by nonnative fish that now occur in these
systems (Moore and Gagne 1982, p. 4; Englund et al. 2007, p. 215).
Observations have confirmed that the Pacific Hawaiian damselfly is now
restricted almost exclusively to seepage-fed pools along overflow
channels in the terminal reaches of perennial streams, usually in areas
surrounded by thick vegetation (Moore and Gagne 1982, pp. 3-4; Polhemus
1994, p. 54; Englund 1999, p. 236; Englund et al. 2007, p. 216;
Polhemus 2007, p. 238). Adults usually do not stray far from the
vicinity of the breeding pools, perching on bordering vegetation and
flying only short distances when disturbed (Polhemus and Asquith 1996,
p. 83). This species is rarely seen along main stream channels, and its
ability to disperse long distances over land or water is suspected to
be poor compared to other Hawaiian damselflies (Jordan et al. 2007, p.
254).
The Pacific Hawaiian damselfly is now believed to be extirpated
from the islands of Oahu, Kauai, and Lanai (Polhemus and Asquith 1996,
p. 83). On the island of Oahu, due to its occupation of particularly
vulnerable habitat within sidepools of lowland streams, the Pacific
Hawaiian damselfly was rare by the 1890s and appears to have been
extirpated from this island since 1910 (Liebherr and Polhemus 1997, p.
494). It is unknown when the Kauai and Lanai populations of the Pacific
Hawaiian damselfly disappeared. Until 1998, it was believed that the
species may also have been extirpated from the island of Hawaii. That
year, one population was discovered within a small stream located just
above, but isolated from, Maili Stream, which is known to be occupied
by nonnative fish (Englund 1998, pp. 15-16). By the late 1970s, fewer
than six populations of the Pacific Hawaiian damselfly could be located
on Maui and Molokai (Harwood 1976, pp. 251-253; Gagne 1980, pp. 119,
125; Moore and Gagne 1982, p. 1), and the conservation of this species
was identified as a priority by the International Union for the
Conservation of Nature and Natural Resources (Moore 1982, p. 209).
The Pacific Hawaiian damselfly is currently found in at least seven
streams on Molokai and may possibly be extant in other, unsurveyed
streams on Molokai's north coast that have not been invaded by
nonnative fish (Englund 2008). On the island of Maui, the species is
currently known from 14 streams. The Pacific Hawaiian damselfly is no
longer found along the entire reaches of these Maui streams, but only
in restricted areas along each stream where steep terrain prevents
access by nonnative fish, which inhabit degraded, lower stream reaches
(Polhemus and Asquith 1996, p. 13; Englund et al. 2007, p. 215). The
species is known from a single population on the island of Hawaii, last
observed in 1998.
No quantitative estimates of the size of the extant populations are
available. Howarth (1991, p. 490) described the Pacific Hawaiian
damselfly as the most common and most widespread of the native
damselfly species at the end of the 19th century, and yet a decline in
this species was observed as early as 1905 due to the effects of
nonnative fish introduced for control of mosquitoes.
[[Page 32494]]
Summary of Factors Affecting the Species
Section 4 of the Act (16 U.S.C. 1531 et seq.) and its implementing
regulations (50 CFR part 424) set forth the procedures for adding
species to the Federal Lists of Endangered and Threatened Wildlife and
Plants. A species may be determined to be an endangered or threatened
species due to one or more of the five factors described in section
4(a)(1) of the Act. These five listing factors are: (A) The present or
threatened destruction, modification, or curtailment of its habitat or
range; (B) overutilization for commercial, recreational, scientific, or
educational purposes; (C) disease or predation; (D) the inadequacy of
existing regulatory mechanisms; and (E) other natural or manmade
factors affecting its continued existence. Listing a species as a
threatened or endangered species under the Act may be warranted based
on any of the above threat factors, singly or in combination.
The threats to the flying earwig and Pacific Hawaiian damselfly
species are summarized according to the five listing factors in Table
1, and discussed in detail below.
TABLE 1. SUMMARY OF THREATS TO THE FLYING EARWING AND PACIFIC HAWAIIAN DAMSELFLY SPECIES.
----------------------------------------------------------------------------------------------------------------
Flying Earwig Hawaiian Pacific Hawaiian
Threat Factor Damselfly Damselfly
----------------------------------------------------------------------------------------------------------------
Agriculture/urban development A X X
----------------------------------------------------------------------------------------------------------------
;Stream alteration A P X
----------------------------------------------------------------------------------------------------------------
Habitat modification by pigs A X .......................
----------------------------------------------------------------------------------------------------------------
Habitat modification by nonnative A X X
plants
----------------------------------------------------------------------------------------------------------------
Stochastic events A X X
----------------------------------------------------------------------------------------------------------------
Climate change A X X
----------------------------------------------------------------------------------------------------------------
Overcollection B P .......................
----------------------------------------------------------------------------------------------------------------
Predation C A, BF (P) A, B, F, BF
----------------------------------------------------------------------------------------------------------------
Inadequate habitat protection D X X
----------------------------------------------------------------------------------------------------------------
Inadequate protection from nonnative D X X
aquatic species introduction
----------------------------------------------------------------------------------------------------------------
Limited populations E X X
----------------------------------------------------------------------------------------------------------------
A = ants B = backswimmers F = fish BF = bullfrogs P = potential threat
Factor A. The Present or Threatened Destruction, Modification, or
Curtailment of [Their] Habitat or Range
Freshwater habitats used by the flying earwig and Pacific Hawaiian
damselflies on all of the main Hawaiian Islands have been severely
altered and degraded because of past and present land and water
management practices, including: agriculture and urban development;
development of ground water, perched aquifer (aquifer sitting above
main water table), and surface water resources; and the deliberate and
accidental introductions of nonnative animals (Harris et al. 1993, pp.
12-13; Meier et al. 1993, pp. 181-183).
Habitat Destruction and Modification by Agriculture and Urban
Development
Although there has never been a comprehensive, site-by-site
assessment of wetland loss in Hawaii (Erikson and Puttock 2006, p. 40),
Dahl (1990, p. 7) estimated that at least 12 percent of lowland to
upper-elevation wetlands in Hawaii had been converted to non-wetland
habitat by the 1980s. If only coastal plain (below 1,000 ft (305 m))
wetlands are considered, it is estimated that 30 percent have been
converted for agricultural and urban development (Kosaka 1990). These
marshlands and wetlands provided habitat for several damselfly species,
including the Pacific Hawaiian damselfly.
Although extensive filling of freshwater wetlands is rarely
permitted today, loss of riparian or wetland habitats utilized by the
Pacific and flying earwig Hawaiian damselflies, such as smaller areas
of moist slopes, emergent vegetations and narrow strips of freshwater
seeps within anchialine pool complexes (landlocked bodies of water with
a subterranean connection to the ocean), still occurs. In addition,
marshes have been, and continue to be, slowly filled and converted to
meadow habitat due to increased sedimentation resulting from increased
storm water runoff from upslope development, the accumulation of
uncontrolled growth of invasive vegetation, and blockage of downslope
drainage (Wilson Okamoto & Associates, Inc. 1993, pp. 3-4 to 3-5).
The effects of future conversion of wetland and other aquatic
habitat for agriculture and urban development are immediate and
significant for the following reason: as noted above, an estimated 30
percent of all coastal plain wetlands in Hawaii have already been lost
to agriculture and urban development, while the loss of lowland
freshwater habitat in Hawaii already approaches 80 to 90 percent
(Kosaka 1990). Lacking the aquatic habitat features that the
damselflies require for essential life history needs, such as marshes,
ponds, and sidepools along streams (Pacific Hawaiian damselfly) and
riparian habitat (flying earwig Hawaiian damselfly), these modified
areas no longer support populations of these two Hawaiian damselflies.
Agriculture and urban development have thus contributed to the present
curtailment of the habitat of these two Hawaiian damselflies, and we
have no indication that this threat is likely to be significantly
ameliorated in the near future.
[[Page 32495]]
Habitat Destruction and Modification by Stream Diversion
Stream modifications began with the early Hawaiians who diverted
water to irrigate taro. However, early diversions often took no more
than half the stream flow, and typically were periodic, to occasionally
flood taro ponds year round, rather than continuously flood them (Handy
and Handy 1972, pp. 58-59).
The advent of plantation sugarcane cultivation led to far more
extensive stream diversions, with the first diversion built in 1856 on
Kauai (Wilcox 1996, p. 54). These systems were designed to tap water at
upper elevations (above 984 ft (300 m)) by means of a concrete weir in
the stream (Wilcox 1996, p. 54). All or most of the low or average flow
of the stream was, and often still is, diverted into fields or
reservoirs, leaving many stream channels completely dry (Takasaki et
al. 1969, pp. 27-28; Harris et al. 1993, p. 12; Wilcox 1996, p. 56).
By the 1930s, water diversions had been developed on all of the
main Hawaiian Islands, and by 1978 the stream flow in over one-half of
all of the 366 perennial streams in Hawaii had been altered in some
manner (Brasher 2003, p. 1055). Some stream diversion systems are
extensive, such as the Waiahole Ditch, which diverts water from 37
streams within the range of the Pacific Hawaiian damselfly on the
windward side of Oahu to the dry plains on the leeward side of the
island via a tunnel cut through the Koolau mountain range (Stearns and
Vaksvik 1935, pp. 399-403). On west Maui, as of 1978, over 49 mi (78
km) of stream habitat in 12 streams had been lost due to diversions,
and all of the 17 perennial streams on west Maui are dewatered to some
extent (Maciolek 1979, p. 605). This loss of stream habitat may have
contributed to the extirpation of the Pacific Hawaiian damselfly
population on west Maui. Given the affiliation of the flying earwig
Hawaiian damselfly with riparian habitats, this loss of stream habitat
may also potentially account for its absence on west Maui. Most lower-
elevation stream segments on west Maui are now completely dry, except
during storm-influenced flows (Maciolek 1979, p. 605). The extensive
diversion of streams on Maui island-wide has reduced the amount of
stream habitat available to the Pacific Hawaiian damselfly, and
potentially to the flying earwig Hawaiian damselfly as well.
In addition to diverting water for agriculture and domestic water
supply, streams in Hawaii have also been diverted for use in
hydroelectric power. There are a total of 18 active hydroelectric
plants operating on Hawaiian streams on the islands of Hawaii, Kauai,
and Maui, only one of which is located on a stream where a historical
population of the Pacific Hawaiian damselfly was known on Kauai
(Waimea). Another 38 sites have been identified for potential
hydroelectric development on the islands of Hawaii, Kauai, Maui, and
Molokai (Hawaii Stream Assessment 1990, pp. xxi, 96-97). Three of the
proposed sites include current populations of the Pacific Hawaiian
damselfly. Notably, the single current remaining population site for
the flying earwig Hawaiian damselfly on Maui is identified as a
potential hydroelectric site. Any additional diversion of streams for
use in hydroelectric power could contribute to further loss of stream
habitat for the Pacific Hawaiian damselfly and for the flying earwig
Hawaiian damselfly.
Habitat Modification and Destruction by Dewatering of Aquifers
In addition to the diversion of stream water and the resultant
downstream dewatering, many streams in Hawaii have experienced reduced
or zero surface flow as a result of the dewatering of their source
aquifers. Often these aquifers, which previously fed the streams, were
tapped by tunneling or through the injudicious placement of wells
(Stearns and Vaksvik 1935, pp. 386-434; Stearns 1985, pp. 291-305).
These groundwater sources were captured for both domestic and
agricultural use and in some areas have completely depleted nearby
stream and spring flows. For example, the Waikolu Stream on Molokai has
reduced flow due in part to groundwater withdrawal (Brasher 2003, p.
1,056), which may have reduced stream habitat available to the Pacific
Hawaiian damselfly. Likewise, on Maui, streams in the west Maui
Mountains that flow into the Lahaina District are fed by groundwater
leaking from breached, high-elevation dikes. Downstream of the dike
compartments, stream diversions are designed to capture all of the low
stream flow, causing the streams downstream to be frequently dry (U.S.
Geological Survey 2008a, p. 1), likely impacting available habitat for
the Pacific Hawaiian damselfly, and potentially for the flying earwig
Hawaiian damselfly, in the Honolua and Honokohau streams.
The island of Lanai lies within the rain shadow of the west Maui
Mountains, which reach 5,788 ft (1,764 m) in elevation. Lower in
elevation than Maui, annual rainfall on Lanai's summit is 30 to 40 in
(760 to 1,015 mm) but much less over the rest of the island (University
of Hawaii Department of Geography 1998, p. 13). Flows of almost every
spring and seep on Lanai have been diverted (Stearns 1940, pp. 73-74,
85, 88, 95). Surface waters in streams have also been diverted by
tunnels in stream beds. Historically, Maunalei Stream was the only
perennial stream on Lanai, and Hawaiians constructed taro loi (ponds
for cultivation of taro) in the lower portions of this stream system.
In 1911, a tunnel was constructed at 1,100 ft (330 m) elevation that
undercuts the stream bed, diverting both the surface and subsurface
flows and dewatering the stream from this point to its mouth (Stearns
1940, pp. 86-88). The Pacific Hawaiian damselfly, which depends on
stream habitat, was historically known from Lanai but is no longer
extant on this island, and was most likely impacted by the dewatering
of this stream because it was the only permanent stream on Lanai prior
to its dewatering. This example of the negative impact of dewatering
leads us to conclude that dewatering poses a threat to the Pacific
Hawaiian damselfly and the flying earwig Hawaiian damselfly on the
remaining islands where the species persist.
Habitat Modification and Destruction by Vertical Wells
Surface flow of streams has also been affected by vertical wells
drilled in pre-modern times, because the basal aquifer (lowest
groundwater layer) and alluvial caprock (sediment-deposited harder rock
layer) through which the lower sections of streams flow can be pierced
and hydraulically connected by wells (Stearns 1940, p. 88). This allows
water in aquifers normally feeding the stream to be diverted elsewhere
underground. Dewatering of the streams by tunneling and earlier, less-
informed well placement near or in streams was a significant cause of
habitat loss, and these effects continue today. Historically, for
example, there was sufficient surface flow in Makaha and Nanakuli
streams on Oahu to support taro loi in their lower reaches, but this
flow disappeared subsequent to construction of vertical wells upstream
(Devick 1995). The inadvertent dewatering of streams through the
piercing of their aquifers (which are normally separated from adjacent
water-bearing layers by an impermeable layer), by tunneling or through
placement of vertical wells, caused the loss of Pacific Hawaiian
damselfly habitat, and contributed to the Pacific Hawaiian damselfly's
extirpation on the islands of Oahu, Kauai, and Lanai. Such activities
also reduced the extent of stream habitat
[[Page 32496]]
for the Pacific Hawaiian damselfly on the islands of Maui, Molokai, and
Hawaii. Most lower-elevation stream segments on west Maui and leeward
east Maui are now completely dry, except during storm-influenced flows
(Maciolek 1979, p. 605). The flow of nearly every seep and spring on
Lanai has been captured or bored with wells (Stearns 1940, pp. 73-74,
85, 88, 95). The inadvertent drying of streams from poor well
replacement and other activities has contributed to the decline of the
Pacific Hawaiian damselfly by reducing its habitat on all of the
islands from which it was historically known. It should be noted that
the Pacific Hawaiian damselfly was once among the most commonly
observed aquatic insects in the islands (Howarth 1991, p. 40). The
dewatering of streams on Maui and Hawaii may also have impacted habitat
of the flying earwig Hawaiian damselfly.
Although the State of Hawaii's Commission on Water Resource
Management is now more cognizant of the effects that ground water
removal has on streams via injudicious placement of wells, the
Commission still routinely reviews new permit applications for wells
(Hardy 2009). All requests for new wells require a drilling permit and,
in some cases, a use permit is additionally required, depending upon
the intended allocation and anticipated amount of water to be pumped
from the well. Water Management Areas have been designated over much of
Oahu and in some areas on other neighboring islands. Within these
areas, a use permit for a new well is also required, which
automatically triggers a greater review of the potential impacts. Any
request for a permit to drill a well within proximity of streams or
dike rock located at the headwaters of streams automatically triggers
additional review (Hardy 2009). Permits to drill wells near streams or
within dike complexes are now unlikely to be granted because a new well
would require the amendment of in-stream flow standards for the
impacted stream. However, such amendments are sometimes approved. One
example is the long-contested case involving the Waiahole Ditch on the
island of Oahu (Hawaii Department of Agriculture 2002). In that case,
the Commission continues to support the removal of several million
gallons of water daily from windward Oahu streams (Hawaii Department of
Agriculture 2002). In conclusion, although a regulatory process is in
place that can potentially address the effects of new requests for
ground water removal on streams, this process includes provisions for
amendments that would result in adverse effects to ground water that
supports streamside habitat for the Pacific Hawaiian damselfly, and
potentially for the flying earwig Hawaiian damselfly.
Habitat Modification and Destruction by Channelization
In addition to the destruction of most of the stream habitat of the
Pacific Hawaiian damselfly and the flying earwig Hawaiian damselfly,
most remaining stream habitat has been, and continues to be, seriously
degraded throughout the Hawaiian Islands. Stream degradation has been
particularly severe on the island of Oahu where, by 1978, 58 percent of
all the perennial streams had been channelized (lined, partially lined
or altered) to control flooding (Brasher 2003, p. 1055; Polhemus and
Asquith 1996, p. 24), and 89 percent of the total length of these
streams had been channelized (Parrish et al. 1984, p. 83). The
channelization of streams creates artificial, wide-bottomed stream beds
and often results in removal of riparian vegetation, increased
substrate homogeneity, increased temporal water velocity (increased
water flow speed during times of higher precipitation including minor
and major flooding), increased illumination, and higher water
temperatures (Parrish et al. 1984, p. 83; Brasher 2003, p. 1052).
Natural streams meander and are lined with rocks, trees, and natural
debris, and during times of flooding, jump their banks. Channelized
streams are straightened and often lack natural obstructions, and
during times of higher precipitation or flooding, facilitate a higher
water flow velocity. Hawaiian damselflies are largely absent from
channelized portions of streams (Polhemus and Asquith 1996, p. 24). In
contrast, undisturbed Hawaiian stream systems exhibit a greater amount
of riffle habitat, canopy closure, higher consistent flow velocity, and
lower water temperatures that are characteristic of streams to which
the Hawaiian damselflies, in general, are adapted (Brasher 2003, pp.
1054-1057).
Channelization of streams has not been restricted to lower stream
reaches. For example, there is extensive channelization of the Kalihi
Stream, on the island of Oahu, above 1,000 ft (300 m) elevation.
Extensive stream channelization has contributed to the extirpation of
the Pacific Hawaiian damselfly on Oahu (Englund 1999, p. 236; Polhemus
2008).
Stream diversion, channelization, and dewatering represent
significant and immediate threats to the Pacific Hawaiian damselfly for
the following reasons: (1) They reduce the amount and distribution of
stream habitat available to this species; (2) they reduce stream flow,
leaving lower elevation stream segments completely dry except during
storms, or leaving many streams completely dry year round, thus
reducing or eliminating stream habitat; and (3) they indirectly lead to
an increase in water temperature that leads to the loss of Pacific
Hawaiian damselfly naiads due to direct physiological stress. Because
the probability of species extinction increases when ranges are
restricted, habitat decreases, and population numbers decline, the
Pacific Hawaiian damselfly is particularly vulnerable to extinction due
to such changes in its stream habitats. In addition, stream diversion,
dewatering, and vertical wells have the potential to negatively impact,
and in some cases may have impacted, the flying earwig Hawaiian
damselfly.
Habitat Destruction and Modification by Feral Pigs
One of the primary threats to the flying earwig Hawaiian damselfly
is the ongoing destruction and degradation of its riparian habitat by
nonnative animals, particularly feral pigs (Sus scrofa) (Polhemus and
Asquith 1996, p. 22; Erickson and Puttock 2006, p. 42). Pigs of Asian
descent were first introduced to Hawaii by the Polynesian ancestors of
Hawaiians around 400 A.D. (Kirch 1982, pp. 3-4). Western immigrants,
beginning with Captain Cook in 1778, repeatedly introduced European
strains (Tomich 1986, pp. 120-121). The pigs escaped domestication and
successfully invaded all areas, including wet and mesic forests and
grasslands, on all of the main Hawaiian Islands.
High pig densities and expansion of their distribution have caused
indisputable widespread damage to native vegetation on the Hawaiian
Islands (Cuddihy and Stone 1990, p. 63). Feral pigs create open areas
within forest habitat by digging up, eating, and trampling native plant
species (Stone 1985, p. 263). These open areas become fertile ground
for nonnative plant seeds spread through the excrement of the pigs and
by transport in their hair (Stone 1985, p. 263). In nitrogen-poor
soils, feral pig excrement increases nutrient availability, enhancing
establishment of nonnative weeds that are more adapted to richer soils
than are native plants (Cuddihy and Stone 1990, p. 65). In this manner,
largely nonnative forests replace native forest habitat (Cuddihy and
Stone 1990, p. 65). In
[[Page 32497]]
addition, feral pigs will root and dig for plant tubers and worms in
wetlands, including marshes, on all of the main Hawaiian Islands
(Erikson and Puttock 2006, p. 42).
In a study conducted in the 1980s on feral pig populations in the
Kipahulu Valley on Maui, the deleterious effects of feral pig rooting
on native forest ecosystems was documented (Diong 1982, pp. 150, 160-
167). Rooting by feral pigs was observed to be related to the search
for earthworms, with rooting depths averaging 8 in (20 cm), and rooting
was found to greatly disrupt the leaf litter and topsoil layers, and
contribute to erosion and changes in ground topography. The feeding
habits of pigs were observed to create seed beds, enabling the
establishment and spread of invasive weedy species such as Clidemia
hirta (Koster's curse). The study concluded that all aspects of the
feeding habits of pigs are damaging to the structure and function of
the Hawaiian forest ecosystem (Diong 1982, pp. 160-167).
It is likely that pigs similarly impact the native vegetation used
for perching by adult flying earwig Hawaiian damselflies. On Maui,
feral pigs inhabit the uluhe-dominated riparian habitat of the flying
earwig Hawaiian damselfly. Through their rooting and digging
activities, they have significantly degraded and destroyed the habitat
of the adult flying earwig Hawaiian damselfly (Foote 2008).
In addition to creating conditions that enable the spread of
nonnative plant species, Mountainspring (1986, p. 98) surmised that
rooting by pigs depresses insect populations that depend upon the
ground layer at some life stage or that exhibit diel (day and night)
movements. As a result, it is likely that the presumed habitat (seeps
or damp leaf litter) of the naiads of the flying earwig Hawaiian
damselfly is negatively impacted by feral pig activity, including the
uprooting and denuding of native vegetation (Foote 2008; Polhemus
2008).
Notwithstanding the above impacts, feral pigs are managed as a game
animal for public hunting in the more accessible regions of the east
Maui watershed (Jokiel 2008). In contrast to an eradication program,
this action makes it likely that feral pigs will continue to exist on
Maui, and thus likely that pigs will continue to destroy and degrade
habitat of the flying earwig Hawaiian damselfly on the island of Maui.
The effects from introduced feral pigs are immediate and ongoing
because pigs currently occur in the uluhe-dominated riparian habitat of
the flying earwig Hawaiian damselfly. The threat of habitat destruction
or modification from feral pigs is significant for the following
reasons: (1) Trampling and grazing directly impact the vegetation used
by adult flying earwig Hawaiian damselflies for perching and by the
terrestrial or semi-terrestrial naiads; (2) increased soil disturbance
leads to mechanical damage to plants used by adults for perching and by
the terrestrial or semi-terrestrial naiads; (3) creation of open,
disturbed areas, conducive to weedy plant invasion and establishment of
alien plants from dispersed fruits and seeds, results over time in the
conversion of a community dominated by native vegetation to one
dominated by nonnative vegetation (leading to all of the negative
impacts associated with nonnative plants, detailed below); and (4)
increased watershed erosion and sedimentation further degrade habitat
for the flying earwig Hawaiian damselfly. These threats are expected to
continue or increase without control or elimination of pig populations
in these habitats.
Habitat Destruction and Modification by Nonnative Plants
The invasion of nonnative plants, including Clidemia hirta, further
contributes to the degradation of Hawaii's native forests, including
the riparian habitat of the flying earwig Hawaiian damselfly on Maui
(Foote 2008). Clidemia hirta is the most serious nonnative plant
invader within the uluhe-dominated riparian habitat where the flying
earwig Hawaiian damselfly occurs on Maui and where it formerly occurred
on the island of Hawaii (Foote 2008). Clidemia hirta can outcompete the
native uluhe fern, and so is capable of altering the natural
environment where the flying earwig Hawaiian damselfly occurs. A
noxious shrub first cultivated in Wahiawa on Oahu before 1941, this
plant is now found on all of the main Hawaiian Islands (Wagner et al.
1985, p. 41). Clidemia hirta forms a dense understory, shading out
native plants and hindering their regeneration; it is considered a
major nonnative plant threat in wet forest areas because it inhibits
and eventually replaces native plants (Wagner et al. 1985, p. 41; Smith
1989, p. 64).
Presently, the most significant threat to natural ponds and marshes
in Hawaii is the nonnative species Urochloa mutica (California grass).
This sprawling perennial grass is likely from Africa (Erickson and
Puttock 2006, p. 270). It was first noted on Oahu in 1924 and now
occurs on all of the main Hawaiian Islands (O'Connor 1999, p. 1,504),
where it is considered an aggressive invasive weed of marshes and
wetlands (Erickson and Puttock 2006, p. 270). Found from sea level to
3,610 ft (1,100 m) in elevation (Erickson and Puttock 2006, p. 270),
this plant forms dense, monotypic stands that can completely eliminate
any open water by layering its trailing stems (Smith 1985, p. 186).
Marshlands eventually convert to meadowland when invaded by Urochloa
mutica (Polhemus and Asquith 1996, p. 23). At Kawainui Marsh, the most
extensive marsh system remaining on Oahu, control of Urochloa mutica to
prevent conversion of the marsh to meadowland is an ongoing management
activity (Wilson, Okamoto and Associates, Inc. 1993, pp. 3-4; Hawaiian
Ecosystems at Risk (HEAR) 2008, p. 1). The preferred habitat of the
Pacific Hawaiian damselfly (primarily lowland, stagnant water, large
ponds, and small pools) on all of the Hawaiian Islands has likely
declined and continues to decline due to the spread of Urochloa mutica,
which is causing the conversion of marshlands to meadowlands (Polhemus
and Asquith 1996, p. 23).
Nonnative plants represent a significant and immediate and ongoing
threat to the flying earwig Hawaiian damselfly through habitat
destruction and modification for the following reasons: (1) They
adversely impact microhabitat by modifying the availability of light;
(2) they alter soil-water regimes; (3) they modify nutrient cycling
processes; and (4) they outcompete, and possibly directly inhibit the
growth of, native plant species; ultimately, native dominated plant
communities are converted to nonnative plant communities (Cuddihy and
Stone 1990, p. 74; Vitousek 1992, pp. 33-35). This conversion
negatively impacts and threatens the flying earwig Hawaiian damselfly,
which depends upon native plant species, particularly uluhe, for
essential life history needs. Conversion habitat from marshlands to
meadowlands by the nonnative Urochloa mutica also threatens the Pacific
Hawaiian damselfly. These threats are expected to continue or increase
without control or elimination of invasive nonnative plants in these
habitats.
Habitat Destruction and Modification by Hurricanes, Landslides, and
Drought
Stochastic (random, naturally occurring) events, such as
hurricanes, landslides, and drought, alter or degrade the habitat of
Hawaiian damselflies directly by modifying and destroying native
riparian, wetland, and stream habitats (e.g., rocks and debris falling
in a stream; mechanical damage to riparian and wetland vegetation), and
indirectly
[[Page 32498]]
by creating disturbed areas conducive to invasion by nonnative plants
that outcompete the native plants used by damselflies for perching. We
presume these events also alter microclimatic conditions (e.g., opening
the tree canopy that leads to an increase in stream water temperature;
increasing stream sedimentation) so that the habitat no longer supports
damselfly populations. Both the flying earwig Hawaiian damselfly and
the Pacific Hawaiian damselfly may also be affected by temporary
habitat loss (e.g., desiccation of streams, die-off of uluhe)
associated with droughts, which are not uncommon on the Hawaiian
Islands. With populations that have already been severely reduced in
both abundance and geographic distribution, even such a temporary loss
of habitat can have a negative impact on the species.
Natural disasters such as hurricanes and drought, and local, random
environmental events (such as landslides), represent a significant
threat to native riparian, wetland, and stream habitat and the two
damselfly species addressed in this proposed rule. These types of
events are known to cause significant habitat damage (e.g., Polhemus
1993, p. 86). Because the two species addressed in this proposed rule
now persist in low numbers or occur in restricted ranges, they are more
vulnerable to these events and less resilient to such habitat
disturbances. Hurricanes, drought, and landslides are known and
expected to occur at irregular intervals. Therefore, they pose an
immediate and ongoing threat to the two damselfly species and their
habitat.
Habitat Destruction and Modification by Climate Change
The information currently available on the effects of global
climate change does not make sufficiently precise estimates of the
location and magnitude of the effects. Consequently, the exact nature
of the impacts of climate change and increasing temperatures on native
Hawaiian ecosystems, including the aquatic and riparian habitats of the
flying earwig Hawaiian damselfly and the Pacific Hawaiian damselfly,
are unknown. However, they are likely to include the loss of aquatic
habitat through reduced stream flow and evaporation of standing water,
increased streamwater temperature, and the loss of native riparian and
wetland plants that comprise the habitat in which these two species
occur (Pounds et al. 1999, pp. 611-612; Still et al. 1999, p. 610;
Benning et al. 2002, pp. 14,246 and 14,248).
Oki (2004, p. 4) has noted long-term evidence of decreased
precipitation and stream flow in the Hawaiian Islands, based upon
evidence collected by stream gauging stations. This long-term drying
trend, coupled with existing ditch diversions and periodic El
Ni[ntilde]o-caused drying events, has created a pattern of severe and
persistent stream dewatering events (Polhemus 2008). Future changes in
precipitation and the forecast of those changes are highly uncertain
because they depend, in part, on how the El Ni[ntilde]o-La Ni[ntilde]a
weather cycle (a disruption of the ocean atmospheric system in the
tropical Pacific having important global consequences for weather and
climate) might change (Hawaii Climate Change Action Plan 1998, pp. 2-
10).
The flying earwig Hawaiian damselfly and the Pacific Hawaiian
damselfly may be especially vulnerable to extinction due to anticipated
environmental change that may result from global climate change.
Environmental changes that may affect these species are expected to
include habitat loss or alteration and changes in disturbance regimes
(e.g., storms and hurricanes), in addition to direct physiological
stress caused by increased stream water temperatures to which the
native Hawaiian damselfly fauna are not adapted. The probability of a
species going extinct as a result of these factors increases when its
range is restricted, habitat decreases, and population numbers decline
(Intergovernmental Panel on Climate Change 2007, p. 8). Both of these
damselfly species have limited environmental tolerances ranges,
restricted habitat requirements, small population size, and a low
number of individuals. Therefore, we would expect these species to be
particularly vulnerable to projected environmental impacts that may
result from changes in climate, and subsequent impacts to their aquatic
and riparian habitats (e.g., Pounds et al. 1999, pp. 611-612; Still et
al. 1999, p. 610; Benning et al. 2002, pp. 14,246 and 14,248). We
believe changes in environmental conditions that may result from
climate change will likely impact these two species and, according to
current climate projections, we do not anticipate a reduction in this
threat any time in the near future.
Summary of Factor A
The effects of past and present destruction, modification, and
degradation of native riparian, wetland, and stream habitats threaten
the continued existence of the flying earwig Hawaiian damselfly and the
Pacific Hawaiian damselfly, which depend on these habitats, throughout
their respective ranges. These effects have been or continue to be
caused by: agriculture and urban development; stream diversion,
channelization, and dewatering; introduced feral pigs; introduced
plants; and hurricanes, landslides, and drought. The ongoing and likely
increasing effects of global climate change are also likely to
adversely impact, directly or indirectly, the habitat of these two
species.
Agriculture and urban development, to date, have caused the loss of
30 percent of Hawaii's coastal plain wetlands and 80 to 90 percent of
lowland freshwater habitat in Hawaii. Extensive stream diversions and
the ongoing dewatering of remaining wetland habitats continue to
degrade the quality of Pacific Hawaiian damselfly habitat and its
capability to support viable populations of this species and may also
negatively affect the habitat of the flying earwig Hawaiian damselfly.
Ongoing habitat destruction and degradation caused by feral pigs in
remaining tracts of uluhe-dominated riparian habitat promote the
establishment and spread of nonnative plants which, in turn, lower or
destroy the capability of the habitat to support viable populations of
the flying earwig Hawaiian damselfly.
The above threats have caused the extirpation of many flying earwig
Hawaiian damselfly and the Pacific Hawaiian damselfly populations; as a
result, their current ranges are very restricted. The combination of
restricted range, limited habitat quantity and quality, and low
population size makes each of these species especially vulnerable to
extinction. Thus we consider the present or threatened destruction,
modification, or curtailment of the habitat and range of the flying
earwig Hawaiian damselfly and the Pacific Hawaiian damselfly to pose an
immediate and significant threat to these species.
Factor B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Individuals from what may be the single remaining population of the
flying earwig Hawaiian damselfly were collected by amateur collectors
as recently as the mid-1990s (Polhemus 2008). Although it is not known
how many individuals were collected at that time, Polhemus (2008)
believes this incident resulted in a noticeable decrease in the
population size. Furthermore, if there is only one population of the
species left, the decreased reproduction that would result from the
removal of potentially breeding adults would have a
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potentially significant negative impact on the species.
There is a market for damselflies that may serve as an incentive to
collect them. There are internet websites that offer damselfly
specimens or parts (e.g., wings) for sale. In addition, the internet
abounds with ``how to'' guides for collecting and preserving damselfly
specimens (e.g., Abbott 2000, pp. 1-3). After butterflies and large
beetles, dragonflies and damselflies are probably the most frequently
collected insects in the world (Polhemus 2009). A rare specimen such as
the flying earwig Hawaiian damselfly may be particularly attractive to
potential collectors (Polhemus 2008). Based on the history of
collection of the flying earwig Hawaiian damselfly, the market for
damselfly specimens or parts, and the vulnerability of this small
population to the negative impacts of any collection, we consider the
potential overutilization of the flying earwig Hawaiian damselfly to
pose an immediate and significant threat to this species.
Unlike the flying earwig Hawaiian damselfly, which is restricted to
one remaining population site and which is known to have previously
been of interest to odonata enthusiasts (Polhemus 2008), we do not
believe over-collection is currently a threat to the Pacific Hawaiian
damselfly because it is comparatively more widespread across several
population sites on three islands.
Factor C. Disease or Predation
The geographic isolation of the Hawaiian Islands restricted the
number of original successful colonizing arthropods and resulted in the
development of Hawaii's unusual fauna. Only 15 percent of the known
families of insects are represented by native Hawaiian species (Howarth
1990, p. 11). Some groups of insects that often dominate continental
arthropod fauna, including social Hymenoptera (e.g., ants and wasps)
were abse