[Federal Register Volume 65, Number 10 (Friday, January 14, 2000)]
[Rules and Regulations]
[Pages 2348-2357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-982]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018--AE39


Endangered and Threatened Wildlife and Plants; Final Rule To List 
Two Cave Animals From Kauai, Hawaii, as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine 
endangered status pursuant to the Endangered Species Act of 1973, as 
amended (Act), for two animals--the Kauai cave wolf spider (Adelocosa 
anops), and the Kauai cave amphipod (Spelaeorchestia koloana). These 
two species are found on the Hawaiian island of Kauai. The Kauai cave 
wolf spider is known from three populations, and the Kauai cave 
amphipod is known from five populations. These animals and their 
habitats have been variously affected or are currently threatened by 
the following--habitat degradation and loss through the removal of 
perennial vegetation, soil fill, grading, paving, quarrying, and other 
activities

[[Page 2349]]

associated with development and agriculture; predation and competition 
for space, water, and nutrients by introduced, alien animals; 
biological and chemical pesticide control activities; and an increased 
likelihood of extinction from naturally occurring events due to the 
small number of remaining populations and their limited distribution. 
This final rule implements the Federal protection and recovery 
provisions provided by the Act for these animal taxa.

EFFECTIVE DATE: This rule takes effect February 14, 2000.

ADDRESSES: The complete file for this rule is available for inspection, 
by appointment during normal business hours, at the office of the U.S. 
Fish and Wildlife Service, Pacific Islands Ecoregion, 300 Ala Moana 
Boulevard, Room 3-122, P.O. Box 50088, Honolulu, Hawaii 96850.

FOR FURTHER INFORMATION CONTACT: Robert P. Smith, Pacific Islands 
Ecoregion Manager, at the above address (808/541-3441); facsimile: 808/
541-3470.

SUPPLEMENTARY INFORMATION:

Background

    The Kauai cave wolf spider (Adelocosa anops) and Kauai cave 
amphipod (Spelaeorchestia koloana) are known only from the Hawaiian 
island of Kauai. The Kauai cave wolf spider is known from three 
populations, and the Kauai cave amphipod, from five populations.
    The Hawaiian archipelago includes eight large volcanic islands 
(Niihau, Kauai, Oahu, Molokai, Lanai, Kahoolawe, Maui, and Hawaii), as 
well as offshore islets, shoals, and atolls set on submerged volcanic 
remnants at the northwest end of the chain (the Northwestern Hawaiian 
Islands). Each island was built sequentially from frequent, voluminous 
basaltic lava flows (Stearns 1985). The youngest island, Hawaii, is 
still volcanically active and retains its form of coalesced, gently 
sloping, relatively unweathered shield volcanoes. Vulcanism on the 
older islands has long since ceased, and subsequent erosion formed 
numerous valleys with steep walls and well-developed streams and soils 
(Zimmerman 1948).
    In the formation of the islands, the lava flows created caves, 
cracks, gas pockets, and smaller, interconnected subterranean spaces or 
mesocaverns (Howarth 1973; 1987a). While unique subterranean faunas 
have long been known from temperate continental cave systems, until the 
1970s obligate cave-inhabiting (dependent on cave habitat) animals were 
thought to be absent from tropical and island systems (Howarth 1987a). 
In the last 3 decades, however, a remarkable assemblage of about 50 
species of cave-adapted animals have been discovered in Hawaiian caves 
(Howarth 1972; 1987a, b). Cave-adapted species evolved directly from 
native surface-dwelling ancestors in at least 12 groups of Hawaiian 
arthropods (Howarth 1991a).
    These obligate cave-dwellers are generally found on the younger 
islands where an abundance of young lava flows exist (Howarth 1983a). 
On older islands, soil formation, erosion, and siltation have filled in 
most subterranean voids, thus eliminating the habitat for cave animals. 
The island of Kauai is the oldest of the eight major Hawaiian islands 
and was formed by a single shield volcano (formed by one volcano) 
approximately 5.6 million years ago (Stearns 1985). Four million years 
of weathering eliminated most cave habitats formed during this initial 
vulcanism. Between 0.6 and 1.4 million years ago, the Koloa series of 
post-erosional lava flows again provided available habitat for 
subterranean animals. Subsequent erosion also filled in most of the 
habitat in the Koloa series, leaving only a small area of suitable cave 
habitat along the arid southern coast.
    Because of the age of Kauai and the extensive erosion, it was not 
originally expected to harbor any cave animals. However, in 1971, two 
eyeless cave arthropods, a spider and amphipod were discovered in caves 
of the Koloa series lava flows. These animals are known only from a 
single exposed lava flow in the ``very rocky'' to ``extremely rocky'' 
Waikomo soil series (U.S. Department of Agriculture, Soil Conservation 
Service 1972). The lava flow covers approximately 10.5 square 
kilometers (sq km) (4 sq miles (mi)), and exhibits no covering by 
erosional sediments. The amphipod also occurs in a younger limestone 
cave formed on top of a portion of the exposed Koloa series flow. These 
animals are restricted to the dark, moist areas of larger caverns and 
smaller subterranean spaces. The amphipod is a detritivore, feeding 
primarily on rotting tree roots, whereas the spider is a carnivore, 
preying upon the amphipod and alien arthropods that venture 
underground. The land supporting these two animal species is privately 
owned, as are adjacent areas with potentially suitable habitat.

Discussion of the Two Animal Taxa Included in This Final Rule

    Frank Howarth first discovered the Kauai cave wolf spider 
(Adelocosa anops) in Koloa Cave # 2 in 1971 (Gertsch 1973), and Willis 
Gertsch (Gertsch 1973) formally described the spider. This species is a 
member of the wolf spider family (Lycosidae). Spiders in this family 
are characterized by a distinct eye pattern, including two particularly 
large eyes in the middle row (Foelix 1982). The most conspicuously 
diagnostic character of the Kauai cave spider is its complete lack of 
eyes. This character is unique among wolf spiders and its distinction 
justifies the recognition of a separate genus for this taxon. A few 
species of wolf spider have reduced eyes, including another cave-
adapted species on the island of Hawaii, but only in the Kauai cave 
wolf spider are the eyes entirely absent. Adults of the Kauai cave wolf 
spider are about 12.7 to 19.0 millimeters (mm) (0.5 to 0.75 inches 
(in)) in total length with a reddish-brown carapace (hard outer 
covering), pale abdomen, and bright orange legs. The hind margin of 
each chelicera (biting jaw) bears three large teeth: Two situated 
basally (on the bottom), and the third at the distal (far) end of the 
chelicera. The tibiae (inner large bone of the leg) of the two anterior 
pairs of legs have four pairs of ventral spines, and tarsi (ultimate 
segments) and metatarsi (penultimate segments) of all legs bear 
unusually long and silky trichobothria (sensory hairs).
    The Kauai cave wolf spider is a predator and, although blind, can 
detect the presence of potential food items by touch or by detecting 
chemical compounds; this species actively stalks its prey (Howarth 
1983b). Although predation has not been observed in the field, the 
spider probably feeds primarily on the Kauai cave amphipod and, to a 
lesser extent on alien species of arthropods that enter the cave 
system. Compared to most wolf spiders, the reproductive capacity of the 
Kauai cave wolf spider is extremely low, with only 15 to 30 eggs laid 
per clutch (Howarth 1981; Wells et al. 1983). Newly hatched spiderlings 
are unusually large, and carried on the back of the female for only a 
few days (Howarth 1991a; Howarth and Mull 1992).
    Biologists found the Kauai cave wolf spider only in two lava tube 
systems in the Koloa area of Kauai; specifically the Koloa Caves and 
Kiahuna Caves (Gertsch 1973; Frank Howarth, Bishop Museum, in litt. 
1979). The spider is restricted to the dark zones (Howarth 1981) of the 
caves and adjoining fissures. Similar to other Hawaiian cave-adapted 
spiders, this species is highly susceptible to desiccation (Hadley et 
al. 1981; Ahearn and Howarth 1982). The spider is active in the large 
caverns only

[[Page 2350]]

during wetter times of the year (Howarth, in litt. 1979) or in smaller 
areas of the cave that maintain a saturated atmosphere (Howarth 1981). 
Because of the seasonal and spatial movement of the spider, as well as 
an inability to mark or tag the animals, survey methods have not been 
developed to obtain accurate population estimates. However, survey 
counts of the spider have ranged from 12 to 28 in Koloa Cave #2, 0 to 4 
in Kiahuna Cave Makai (cave #210), and 0 to 2 in Kiahuna Cave Mauka 
(Service, unpublished data, 1998-99).
    Frank Howarth also discovered the Kauai cave amphipod 
(Spelaeorchestia koloana) along with the Kauai cave wolf spider in 
Koloa Cave #2 in 1971 (Bousfield and Howarth 1976). Because of the 
unusual attributes of a highly reduced pincher-like condition of the 
first gnathopod (cephalothoracic appendage--an appendage located on the 
part of the amphipod which is the fused head and thorax (the middle 
region)) and the second gnathopod being mitten-like in both sexes, this 
taxon is placed in its own unique genus (Spelaeorchestia) within the 
family Talitridae (Bousfield and Howarth 1976). This species is also 
distinctive in its lack of eye facets (lenslike division of a compound 
eye) and pigment, and extremely elongate, spiny, postcephalic (behind 
the head) appendages. Adult amphipods are 7 to 10 mm (0.25 to 0.4 in) 
in length and very slender-bodied, with a hyaline cuticle (translucent 
outer layer). Gnathopod 1 is highly reduced, and gnathopod 2 is mitten-
like. Antenna 2 is slender and elongate, with the flagellum (long 
thread-like structure used for movement) only slightly longer than the 
peduncle (a stalklike structure). Peraeopods (abdominal walking legs) 
are very elongate, with slender, attenuated claws. All pleopods 
(swimming legs) are reduced, with branches vestigial (small rudimentary 
part, usually non-functioning) or lacking. Uropods (tail-like 
appendages) 1 and 2 have well developed prepeduncles, and brood plates 
in the mature female are vestigial or entirely absent (Bousfield and 
Howarth 1976).
    The Kauai cave amphipod is a detritivore (feeds on organic debris 
from decomposing plants, animals, and fecal material) and has been 
observed feeding on rotting roots of Pithecellobium dulce (Manila 
tamarind) and Ficus sp. (fig); rotting sticks, branches, and other 
plant material washed into the caves; and arthropod fecal material. In 
large cave passages, most individuals are found on or underneath roots 
or rotting debris. However, this amphipod does not appear to be 
particularly gregarious. When disturbed, this species typically moves 
slowly away rather than jumping like other amphipods. Nothing is known 
of the reproductive biology of this amphipod, but the vestigial brood 
plates of the female suggest they give birth to a small brood of large 
offspring (Bousfield and Howarth 1976; Poulson and White 1969).
    While found in the same caves as the Kauai cave wolf spider, the 
cave amphipod is also known from a short lava tube (cave #210) located 
1 km (0.6 mi) inland of the seaward Kiahuna Cave, the Limestone Quarry 
Cave 7 km (4.5 mi) to the east at Mahaulepu, and most recently from a 
small cave that was exposed during construction of the Koloa Town road 
(Adam Asquith, Service, pers. comm. 1999; Jan Tenbruggencate, Honolulu 
Star Bulletin, in litt. 1999). The Mahaulepu Cave occurs in a 
calcareous (containing calcium) sandstone hill formed from a cemented 
sand-dune that was deposited on top of a disjunct exposure of the Koloa 
lava formation during a higher stand of the sea (Stearns 1985). The 
limestone cave was formed by water erosion from the ocean and a still-
active freshwater stream that runs through the lowest cave level. The 
amphipod probably colonized this cave by migrating from the underlying 
Koloa lava formation. Due to the inability to mark amphipods for 
demographic studies, no attempt has been made to estimate the 
population sizes of the cave amphipod. However, survey counts for this 
species in the caves where they have been surveyed regularly range from 
8 to 27 in Koloa Cave #2 and 11 to 71 in Kiahuna Cave Mauka (Service, 
unpublished data, 1998-99).
    The two cave animals are restricted to dark, moist areas of larger 
caverns and smaller subterranean spaces or mesocaverns (Howarth 1983a). 
As with the subterranean animals on younger Hawaiian islands (Howarth 
1991a), the small mesocaverns may be the primary habitat for these 
species. For example, the Kauai cave amphipod was not seen during 
initial surveys of Kiahuna cave #210 (Miura and Howarth 1978). On a 
subsequent survey however, the floor of a small, dead end passage was 
saturated with 40 liters (10 gallons) of water, and 24 hours later 
amphipods had moved into this area, presumably from the surrounding 
mesocaverns (Howarth, in litt. 1979; Howarth 1983a). On younger 
islands, these mesocaverns also allow animals to move among larger, 
adjacent lava tubes (Howarth 1991a). However, because these smaller 
voids become filled with erosional sediment in older flows like Koloa 
and as a result of surface disturbance (Hammatt et al. 1988; Adam 
Asquith, in litt. 1994a), it is unlikely that the Kauai cave animals 
can move among separate lava tube systems. Because distinct species can 
evolve in adjacent lava tubes even when cave animals can move 
extensively through mesocaverns (Hoch and Howarth 1993), it is prudent 
to consider the separate localities of these animals as different 
populations, even though intervening areas of potential habitat cannot 
be surveyed. Thus, the Koloa Caves #1 and #2 and adjacent areas are 
considered to harbor one population of the spider and one population of 
the amphipod. The seaward Kiahuna Caves #267 and #276 harbor another 
population of both the spider and amphipod; the Kiahuna Cave #210 
harbors a separate population each of the spider and amphipod; the 
Mahaulepu Cave harbors a population of the cave amphipod (Service, 
unpublished data, 1998-99); and a small cave near the Koloa Town road 
harbors a fifth amphipod population.
    The restricted area where these animals occur is rapidly undergoing 
development. The shallow cave habitat is degraded or destroyed through 
surface alterations such as the removal of perennial vegetation, soil 
fill, grading, paving, and other activities associated with development 
and agriculture. In fact, the Koloa cave systems are considered to be 1 
of the 10 most endangered cave ecosystems worldwide (Culver in litt., 
1998). These animals are also increasingly at risk from predation and 
competition for space, water, and nutrients by introduced, alien 
animals; biological and chemical pesticide control activities 
associated with residential and golf course development; and an 
increased likelihood of extinction from naturally occurring events due 
to the small number of remaining individuals and populations and their 
limited distribution.

Previous Federal Action

    On June 16, 1978, we published a proposal in the Federal Register 
(43 FR 26084) to list the Kauai cave wolf spider as an endangered 
species and the Kauai cave amphipod as threatened. We withdrew that 
proposal on September 2, 1980 (45 FR 58171) as a result of a provision 
in the 1978 Amendments to the Endangered Species Act of 1973 that 
required withdrawal of all pending proposals that were not made final 
within 2 years of the proposal or within 1 year after passage of the 
Amendments, whichever period was longer. We published an initial 
comprehensive Notice of Review for invertebrate animals on May 22, 1984 
(49 FR 21664),

[[Page 2351]]

in which we treated the Kauai cave wolf spider and Kauai cave amphipod 
as category 2 candidates for Federal listing. Category 2 taxa were 
those for which conclusive data on biological vulnerability and threats 
were not currently available to support proposed rules. We published an 
updated Notice of Review for animals on January 6, 1989 (54 FR 554). In 
this notice, we treated the Kauai cave wolf spider and Kauai cave 
amphipod as category 1 candidates for Federal listing. Category 1 taxa 
were those for which we had on file substantial information on 
biological vulnerability and threats to support preparation of listing 
proposals. In the Notice of Review for all animal taxa we published on 
November 21, 1991 (58 FR 58804), we again listed the two Kauai cave 
arthropods as category 2 candidates. In the November 15, 1994, Notice 
of Review for all animal taxa (59 FR 58982), we elevated the two Kauai 
cave arthropods to category 1 candidates. Upon publication of the 
February 28, 1996, Notice of Review (61 FR 7596), we stopped using 
category designations and included the two cave arthropods simply as 
candidate species. Candidate species are those for which we have on 
file sufficient information on biological vulnerability and threats to 
support proposals to list the species as threatened or endangered. We 
also included the two cave arthropods as candidate species in the 
September 19, 1997 (62 FR 49398), Notice of Review. We published a 
proposed rule to list these two species as endangered on December 5, 
1997 (62 FR 64340).
    The processing of this final rule conforms with our Listing 
Priority Guidance published in the Federal Register on October 22, 1999 
(64 FR 57114). The guidance clarifies the order in which we will 
process rulemakings. Highest priority is processing emergency listing 
rules for any species determined to face a significant and imminent 
risk to its well-being (Priority 1). Second priority (Priority 2) is 
processing final determinations on proposed additions to the lists of 
endangered and threatened wildlife and plants. Third priority is 
processing new proposals to add species to the lists. The processing of 
administrative petition findings (petitions filed under section 4 of 
the Act) is the fourth priority. This final rule is a Priority 2 action 
and is being completed in accordance with the current Listing Priority 
Guidance. We have updated this rule to reflect any changes in 
information concerning distribution, status, and threats since the 
publication of the proposed rule.

Summary of Comments and Recommendations

    In the December 5, 1997, proposed rule (62 FR 64340), we requested 
interested parties to submit comments or information that might 
contribute to the final listing determination for these two species. 
The public comment period ended on February 3, 1998. We contacted and 
sent announcements of the proposed rule to appropriate Federal and 
State agencies, county governments, scientific organizations, and other 
interested parties. We also published announcements of the proposed 
rule in the following newspapers--the Garden Island on December 18, 
1997, the Honolulu Advertiser on December 24, 1997, and the Honolulu 
Star-Bulletin on December 24, 1997.
    We received a total of seven comments. Two individuals and one 
conservation organization supported the proposal. Two commenters did 
not support the proposal. Two commenters neither supported nor objected 
to the proposal, including a Kauai county agency that asked us to 
identify habitat areas for the two cave species so that the agency's 
concerns about potential utility easements could be discussed.
    In addition, we solicited formal scientific peer review of the 
proposal in accordance with our July 1, 1994, Interagency Cooperative 
Policy (59 FR 34270). We requested three qualified and independent 
specialists to review the proposed rule and comment on the pertinent 
scientific and/or commercial data and assumptions relating to the 
taxonomy, demography, and supportive biological and ecological 
information of the Kauai cave wolf spider and Kauai cave amphipod. We 
received written comments from one of these experts; that information 
is incorporated into this final rule.
    We grouped and discussed comments of a similar nature under the 
following issue headings. In addition, we considered and incorporated, 
as appropriate, into the final rule, all biological and commercial 
information obtained through the public comment period.
    Issue 1: One commenter suggested that these species would be better 
protected if a Candidate Conservation Agreement (CCA) or Habitat 
Conservation Plan (HCP) was developed for the animals.
    Our Response: We are required to base listing decisions on the best 
available scientific and commercial information. In this regard, we 
reviewed information from the scientific literature as well as 
commercial information. Based on this information, we conclude that the 
Kauai cave wolf spider and Kauai cave amphipod are in danger of 
extinction throughout a significant portion of their ranges. In 
addition, no new information was submitted during the public comment 
period that indicated other viable populations of these animals existed 
or that the remaining populations are not at risk. HCPs provide 
excellent opportunities for conservation of species. We encourage 
landowners and managers to explore all the conservation mechanisms 
available.
    Issue 2: One commenter opposed the listing of the Kauai cave wolf 
spider and Kauai cave amphipod because of economic impacts of the 
listing on the local economy.
    Our Response: In accordance with 16 U.S.C. sec. 1533(b)(1)(A) and 
50 CFR 424.11(b), listing decisions are made solely on the basis of the 
best scientific and commercial data available. In adding the word 
``solely'' to the statutory criteria for listing a species, Congress 
specifically addressed this issue in the 1982 amendments to the Act. 
The legislative history of the 1982 amendments states: ``The addition 
of the word `solely' is intended to remove from the process of the 
listing or delisting of species any factor not related to the 
biological status of the species. The Committee strongly believes that 
economic considerations have no relevance to determinations regarding 
the status of species. * * *'' H.R. Rep. No. 567, Part I, 97th Cong., 
2d Sess. 20 (1982). Therefore, we have not considered the impacts of 
listing on economic development in making this listing determination.
    Issue 3: One commenter argued that we lacked authority to list the 
Kauai cave wolf spider and Kauai cave amphipod under the Endangered 
Species Act because such power would exceed the scope of Federal 
Commerce Clause power.
    Our Response: We believe that listing these species is within the 
scope of the Commerce Clause for the reasons contained in Judge Wald's 
opinion and Judge Henderson's concurring opinion in National 
Association of Home Builders v. Babbitt, 130 F.3d 1041 (D.C. Cir. 1997) 
cert. denied, 1185 S.Ct. 2340 (1998). That case involved a challenge to 
the application of the Act's prohibitions to protect the listed Delhi 
Sands flower-loving fly (Rhaphiomidas terminatus abdominalis) under the 
Act. As with these two Kauai cave species, the Delhi Sands flower-
loving fly is endemic only to one State. However, Judge Wald held that 
application of the Act's prohibition against taking of endangered 
species to this fly was a

[[Page 2352]]

proper exercise of Commerce Clause power to regulate the use of 
channels of interstate commerce, and activities substantially affecting 
interstate commerce, because it prevented destruction of biodiversity 
and destructive interstate competition. Judge Henderson concluded that 
the protection of the Delhi Sands flower-loving fly was within the 
Federal Government's Commerce Clause authority because the listing of 
the fly prevents harm to the ecosystem upon which interstate commerce 
depends, and because doing so regulates commercial development that is 
part of interstate commerce.

Summary of Factors Affecting These Species

    After a thorough review and consideration of all information 
available, we determined that the Kauai cave wolf spider and Kauai cave 
amphipod should be classified as endangered species. We followed the 
procedures found at section 4(a)(1) of the Act and regulations 
implementing the listing provisions of the Act (50 CFR part 424). A 
species may be determined to be an endangered or threatened species due 
to one or more of the five factors described in section 4(a)(1). These 
factors and their application to the Kauai cave wolf spider (Adelocosa 
anops) and the Kauai cave amphipod (Spelaeorchestia koloana) are as 
follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. These animals are restricted to a 
10.5 sq km (4 sq mi) coastal section of the Koloa series lava flows 
that have not been filled with erosional sediment. Surface 
modifications in this area directly impact the subterranean habitat 
that supports the spider and amphipod (Hammatt et al. 1988; Miller and 
Burgett 1995; Asquith, in litt. 1994). Prior to arrival of Polynesians 
in Hawaii, the aboveground habitat of this area probably comprised a 
coastal dry shrubland and would have included plants such as Sida 
fallax (ilima), Myoporum sandwicense (naio), Chamaesyce celastroides 
(akoko), and Santalum ellipticum (iliahialoe) (Gagne and Cuddihy 1990). 
On the islands of Maui and Hawaii, these plants are known to produce 
extensive root systems into underlying lava tube fissures, and probably 
also formed the primary nutrient source for the cave ecosystem at 
Koloa.
    The first thousand years of Polynesian habitation in Hawaii had 
little significant impact on the cave system at Koloa. However, with a 
rapid population increase after 1400 A.D., heavy modification of most 
leeward areas of the Hawaiian Islands probably occurred (Kirch 1982; 
Cuddihy and Stone 1990). This modification was due to the subsequent 
expansion of agriculture from more favorable, mesic (an environment 
that is neither extremely wet nor extremely dry) valleys and the use of 
fire to clear plant communities. A perennial stream flowing directly 
through the Koloa area allowed Polynesians to develop extensive 
irrigated fields of Colocasia esculenta (taro), Ipomoea batatas (sweet 
potato), and Saccharum officinarum (sugar cane) and to cultivate sweet 
potato on dry land (Handy and Handy 1972; Hammatt and Tomonari 1978; 
Hammatt et al. 1988; Sinoto 1975).
    Field irrigation of traditional crops continued in the Koloa area 
until 1835, when the first sugar plantation in the Hawaiian Islands was 
established at Koloa. Thereafter, most of the land with suitable 
topsoil was used for large-scale sugar cane cultivation (Hammatt et al. 
1988). This activity included the mechanical clearing of stones and 
boulders and consolidation of smaller field plots. The surface 
modifications associated with these past agricultural activities 
greatly reduced underground root biomass through the destruction of 
perennial vegetation (Howarth 1981; Miller and Burgett 1995), which 
removes the necessary food base for the amphipod and other cave-
dwelling herbivores (Howarth 1973, 1981, 1982). Large-scale 
agricultural practices brought on by the sugar cane industry also 
increased the amount and mobility of the overlying sediments. As a 
consequence, the rate of sediment deposition into the underlying 
subterranean voids increased, eliminating or greatly reducing the 
amount of available cave habitat (Howarth 1973; Hammatt et al. 1988; 
Asquith, in litt. 1994).
    Thus, with the exception of a narrow 0.5 km-wide (0.25 mi-wide) 
strip of particularly rocky land immediately along the coast, most of 
the habitat for both the spider and the amphipod was heavily modified 
prior to the 1950s. On interior lands, small areas of exposed pahoehoe 
lava, rock outcrops, and the entrances to lava tubes were generally 
unsuited for cultivation of crops and were left less disturbed. In 
areas improved for pasture use, however, some cave entrances were 
filled or covered (Hammatt et al. 1988; Howarth, in litt. 1977). The 
remaining pockets of uncultivated land around collapsed lava tubes and 
exposed lava probably served as refugia for the cave animals. 
Significantly, all the known populations of both the spider and 
amphipod are in areas never used for plantation sugar cane cultivation.
    In the last 5 decades, the Koloa area changed from an agriculture-
based economy to one increasingly dependent on tourism (Kauai Office of 
Economic Development, in litt. 1994). Approximately 75 percent of the 
original habitat available for the cave animals is now designated as 
``urban'' or ``urban residential'' (County of Kauai, in litt. 1994), 
and the human population of the Koloa area is expected to double by the 
year 2015 (KPMG Peat Marwick 1993). This population growth has led to 
rapid development of homes, condominiums, and resort hotels originally 
centered along the coastal strip. In recent years, interior lands 
supporting both populations of the spider and all but one population of 
the amphipod have been rezoned from agriculture to urban usage and are 
undergoing development. With the construction of roads, residences, and 
golf courses, the subterranean habitat is degraded through the removal 
of perennial vegetation and its root systems, the collapse of lava 
tubes from heavy construction equipment, and increased siltation of 
caves from grading and filling activities (Howarth 1973; Hammatt et al. 
1988; Asquith, in litt. 1994a). The population of the Kauai cave wolf 
spider in Koloa Cave #2 is threatened by a proposed bypass road, as 
well as blasting and excavation of a drainage ditch from an adjacent 
housing development (David Hopper, Service, in litt. 1998, 1999). The 
recent uncovering of a lava tube during the construction of the Koloa 
bypass road exemplifies the continuing threat posed by ongoing 
development (Jan Tenbruggencate, in litt. 1999). Until recently, the 
disjunct population of the amphipod in the limestone cave was 
threatened by a quarrying operation directly above and adjacent to the 
cave system (Howarth, in litt. 1977, 1978). Thus, most of the land that 
potentially harbored these animals has been highly modified, and an 
estimated 75 percent of the area has probably been rendered 
uninhabitable. The remaining habitat, harboring virtually all known 
populations of the spider and amphipod, is being degraded by current 
land use or is threatened with degradation and destruction from 
proposed development.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. Direct overutilization of the organisms is not 
known to be a factor, but unrestricted collecting for scientific 
purposes or excessive visits by individuals interested in exploring the 
lava tubes could result from increased

[[Page 2353]]

publicity associated with listing under the Act.
    Increased human use of caves can result in the direct trampling, 
intentional or otherwise, of cave animals as well as indirect impacts 
due to destruction of root systems (Howarth 1982; Culver 1992). In 
addition to direct habitat destruction, human impacts include the use 
of campfires (D. Hopper, pers. comm. 1988) as well as introduction of 
cigarette smoke into the cave environment. Cigarette smoke contains a 
strong insecticide which, within the enclosed cave, is likely to 
negatively impact the resident cave animals (Howarth 1982). Both the 
smoke from cigarettes and fires dries the cave air, and studies and 
observations have shown that reduced cave humidity is detrimental to 
cave organisms (Ahearn and Howarth 1982; Howarth 1981, 1982). Such 
disturbances by human visitation can also promote greater invasion by 
alien arthropod species, such as cockroaches and their predators, 
through the introduction of trash (Howarth 1982; D. Hopper, pers. comm. 
1998). Howarth (1982) indicated that species diversity and population 
levels of cave invertebrates are inversely related to human visitation 
and disturbance.
    C. Disease and predation. Several alien spiders including the brown 
violin spider (Loxosceles rufescens), spitting spider (Scytodes 
longipes), and Dysdera crocata (no common name (NCN)) have invaded the 
cave habitats in Koloa (Gerstch 1973; F. Howarth, pers comm. 1994; 
Asquith, in litt. 1994b), and prey on immature stages of the Kauai cave 
wolf spider and probably all life stages of the cave amphipod (Howarth 
1981). The American cockroach (Periplaneta americana) is abundant in 
some of the caves (Bousfield and Howarth 1976; Asquith, in litt. 1994a) 
and probably opportunistically preys on immature cave amphipods (F. 
Howarth, pers. comm. 1994) and competes for space at amphipod food 
sources (Asquith, in litt. 1994a). In the Limestone Quarry Cave, the 
introduced amphipod Tallitroides topitotum (NCN) may compete with the 
Kauai cave amphipod for detritus food (Bousfield and Howarth 1976; F. 
Howarth, pers. comm. 1994).
    In addition, as noted in the Background section of this final rule, 
the Kauai cave wolf spider is a predator. Although predation has not 
been observed in the field, this spider probably feeds primarily on the 
Kauai cave amphipod and, to a lesser extent, on alien species of 
arthropods that periodically enter the cave system.
    D. The inadequacy of existing regulatory mechanisms. The Kauai cave 
wolf spider and the Kauai cave amphipod are found entirely on private 
land. One population of the cave spider is provided some protection by 
a County ordinance requiring the landowner to conserve two Kiahuna lava 
tubes known to harbor the spider (County of Kauai Development Plan 
1979). However, existing conservation measures under this ordinance 
protect only the cave entrances and not the surface footprint, adjacent 
mesocaverns, or surrounding aboveground habitat that help to maintain 
the microhabitat conditions within the caves that the animals need to 
survive. Evaluation of one of the caves conserved under this ordinance 
showed significant degradation from surface disturbance over the dark 
zone of the cave (Asquith, in litt. 1994). In addition, this ordinance 
protects only a single population of each of the cave animals, which is 
not sufficient to ensure the continued existence of these species, 
given the range of threats that affect all remaining populations.
    No State laws or existing regulatory mechanisms at the present time 
protect or prevent further decline of these animals. However, Federal 
listing would automatically invoke listing under Hawaii State law, 
which prohibits taking and encourages conservation by State government 
agencies (see ``Hawaii State Law'' section of this final rule).
    E. Other natural or manmade factors affecting its continued 
existence. Insecticide use, coincident with the change to urban land 
development, poses a serious threat to the cave animals (Howarth and 
Stone 1993). While plantation-scale sugar cane cultivation in the Koloa 
area involves seasonal use of herbicides, intensive usage is generally 
limited to spot applications of glyphosate (trademark name, Roundup), 
and generally no insecticides are used (Murdoch and Green 1989). 
Furthermore, in recent years most sugar cane cultivation in the area 
has been restricted to land with deep soil, which is generally 
unsuitable habitat for the cave animals.
    Golf courses exist on, or are proposed for, the land directly above 
or adjacent to both populations of the spider and all but one 
population of the amphipod. At least 30 different pesticides are used 
on golf courses in Hawaii, including insecticides to control pests of 
turf grass (Murdoch and Mitchell 1975; Murdoch and Green 1989). Most 
golf courses in Hawaii apply the insecticide chlorpyrifos at the rate 
of 453 grams active ingredient per 0.41 hectares (1 pound active 
ingredients per acre), 1 to 3 times per year, but rates and frequency 
of applications are sometimes much higher (Murdoch and Green 1989; 
Brennan et al. 1992). Predators, such as the Kauai cave wolf spider, 
are generally more susceptible to insecticides than the target pests 
(Croft 1990). Even if not killed outright, the sublethal effects of 
both insecticides and herbicides on the cave animals could include 
reduced fecundity (reproductive capacity), reduced lifespan, slowed 
development rate, and impaired mobility and feeding efficiency (Messing 
and Croft 1990).
    In addition to the use of pesticides on golf courses, pesticide 
usage on residential property also poses a threat. It is estimated that 
residential lots use more pesticides per unit area than either sugar 
cane cultivation or golf courses and that 90 percent of this use 
involves insecticides. Much of this insecticide is applied directly to 
the ground for termite control (Hawaii Office of State Planning 1992). 
With an estimated increase of 4,000 houses in the Koloa area by the 
year 2015 (KPMG Peat Marwick 1993), residential pesticides are 
considered a serious threat to the cave animals.
    These cave animals are particularly susceptible to pesticides 
because of their tendency to seek water sources (Howarth 1983a; 
Asquith, in litt. 1994a). Even if pesticides are not used directly 
above a lava tube, pesticides that leach into adjacent subterranean 
caverns with water from runoff or irrigation are serious threats 
because the animals may be attracted to the water and come into contact 
with the chemicals.
    Biological control agents (living organisms used to control pests) 
are usually perceived as preferable to the use of chemicals because 
they represent less of a threat to human health and generally do not 
stimulate resistance in pests. Some of these organisms, however, attack 
species other than their intended targets and have caused or 
contributed to the decline and extinction of several Hawaiian insects 
(Gagne and Howarth 1985; Howarth 1983b; Howarth 1991b). The nematode 
Steinernema carpocapsae (NCN) is marketed for use against turf pests 
and has been petitioned for use on golf courses in Hawaii (Faust 1992). 
This nematode can infect at least 250 species of arthropods (Poinar 
1979), including arachnids such as the Kauai cave wolf spider (Poinar 
and Thomas 1985). Other biocontrol agents such as Bacillus bacteria, 
which have been used for mosquito control, have caused serious damage 
to nontarget species of insects (Howarth 1991b). Unlike most chemical 
pesticides, biocontrol agents will not break down or decay. Should such 
biocontrols become established, they will likely remain resident in the 
area, spread to new areas with suitable host

[[Page 2354]]

arthropods, and become impossible to eliminate. Lastly, biocontrol 
agents may undergo great proliferations in the presence of ubiquitous 
and numerous arthropod pests and other species. The resultant 
population increase of biocontrol predators or parasites would have 
devastating impacts on species such as the Kauai cave spider and cave 
amphipod, given their restricted ranges and low fecundities. Biological 
controls have been emphasized for golf course management in the Koloa 
area (Townscape 1993) and are a potential threat to the cave spider and 
amphipod.
    The small number of populations and small numbers of observed 
individuals of the Kauai cave wolf spider (three populations) and Kauai 
cave amphipod (five populations) increases the risk of extinction from 
naturally occurring events such as storms or earthquakes.
    At present, there are a number of conservation activities that are 
planned for three of the Koloa caves. In 1995, we signed a Cooperative 
Agreement with the Kukui`ula Development Company (a subsidiary of 
Alexander & Baldwin), which includes a number of conservation 
activities for two caves (Koloa Caves # 1 & 2). These activities 
include gating of the cave openings to restrict human access and reduce 
air-flow (to increase ambient humidity) and planting of native plant 
species over the caves to develop a root system that will serve as a 
food base for the cave animals. Kukui`ula Development Company agreed to 
set aside the land area above these two caves as either a limited-use 
park or reserve. The entire land area to be protected includes a 45.7-
meter (150-foot) wide buffer area around both caves, in which 
restricted or no development will occur. In addition, no pesticides or 
dumping will be allowed within this buffer area or above the caves. At 
present, the National Resource Conservation Service (NRCS) is planning 
to assist the Kukui`ula Development Company in more extensive planting 
of native plants in the park/reserve area. We and the NRCS are 
currently working with a second landowner (Sport Shinko Group) to 
conduct similar conservation activities over a single cave located 
below a portion of their golf course (Kiahuna Golf Club). We are 
currently reviewing a Cooperative Agreement between us and the Sport 
Shinko Group.
    We carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
faced by these species and determined that the Kauai cave wolf spider 
and Kauai cave amphipod should be listed as endangered. These two 
species are threatened by one or more of the following--habitat 
degradation and loss through the removal of perennial vegetation, soil 
fill, grading, paving, quarrying, and other activities associated with 
development and agriculture; predation and competition for space, 
water, and nutrients by introduced, alien animals; direct or indirect 
mortality from the use of biological control agents and chemical 
pesticides; and an increased likelihood of extinction from naturally 
occurring events due to the small number of remaining populations and 
their limited distribution. Because the two species are in danger of 
extinction throughout all or a significant portion of their ranges, 
they fit the definition of endangered, as defined in the Act. 
Therefore, the determination of endangered status for the Kauai cave 
wolf spider and Kauai cave amphipod is warranted.

Critical Habitat

    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 biological features (I) essential to the conservation of the 
species and (II) that may require special management considerations or 
protection and; (ii) specific areas outside the geographical area 
occupied by a species at the time it is listed, upon a determination 
that such areas are essential for the conservation of the species. 
``Conservation'' means the use of all methods and procedures needed to 
bring the species to the point at which listing under the Act is no 
longer necessary.
    In the proposed rule, we indicated that designation of critical 
habitat was not prudent for the Kauai cave wolf spider and Kauai cave 
amphipod because of a concern that publication of precise maps and 
descriptions of critical habitat in the Federal Register could increase 
human visitation to their highly sensitive cave habitats which could 
lead to incidents of vandalism and destruction of habitat. We also 
indicated that designation of critical habitat was not prudent because 
we believed it would not provide any additional benefit beyond that 
provided through listing as endangered.
    In the last few years, a series of court decisions have overturned 
Service determinations regarding a variety of species that designation 
of critical habitat would not be prudent (e.g., Natural Resources 
Defense Council v. U.S. Department of the Interior 113 F. 3d 1121 (9th 
Cir. 1997); Conservation Council for Hawaii v. Babbitt, 2 F. Supp. 2d 
1280 (D. Hawaii 1998)). Based on the standards applied in those 
judicial opinions, we have reexamined the question of whether critical 
habitat for the Kauai cave wolf spider and Kauai cave amphipod would be 
prudent.
    Due to the small number of populations, the Kauai cave wolf spider 
and Kauai cave amphipod are vulnerable to collection, vandalism, or 
other disturbance. We remain concerned that these threats might be 
exacerbated by the publication of critical habitat maps and further 
dissemination of locational information. However, we have examined the 
evidence available for the Kauai cave wolf spider and Kauai cave 
amphipod and have not found specific evidence of taking, vandalism, 
collection, or trade of these species or any similarly situated 
species. Consequently, consistent with applicable regulations (50 CFR 
424.12(a)(1)(i)) and recent case law, at this time we cannot make a 
finding that the identification of critical habitat will increase the 
degree of threat to these species of taking or other human activity.
    In the absence of a finding that critical habitat would increase 
threats to a species, if there are any benefits to critical habitat 
designation, then a prudent finding is warranted. In the case of these 
species, there may be some benefits to designation of critical habitat. 
The primary regulatory effect of critical habitat is the section 7 
requirement that Federal agencies refrain from taking any action that 
destroys or adversely modifies critical habitat. While a critical 
habitat designation for habitat currently occupied by these species 
would not be likely to change the section 7 consultation outcome 
because an action that destroys or adversely modifies such critical 
habitat would also be likely to result in jeopardy to these species, 
there may be a few instances where section 7 consultation would be 
triggered only if critical habitat is designated, such as habitat that 
may become unoccupied in the future. There may also be some educational 
or informational benefits to designating critical habitat. Therefore, 
while we believe the benefits of designating critical habitat for these 
species would not be significant, we find that critical habitat is 
prudent for the Kauai cave wolf spider and Kauai cave amphipod.
    The Final Listing Priority Guidance for FY 2000 (64 FR 57114) 
states, ``The processing of critical habitat determinations (prudency 
and determinability decisions) and proposed or final designations of 
critical habitat will be funded separately from other

[[Page 2355]]

section 4 listing actions and will no longer be subject to 
prioritization under the Listing Priority Guidance. Critical habitat 
determinations, which were previously included in final listing rules 
published in the Federal Register, may now be processed separately, in 
which case stand-alone critical habitat determinations will be 
published as notices in the Federal Register. We will undertake 
critical habitat determinations and designations during FY 2000 as 
allowed by our funding allocation for that year.'' As explained in 
detail in the Listing Priority Guidance, our listing budget is 
currently insufficient to allow us to immediately complete all of the 
listing actions required by the Act. Deferral of the critical habitat 
designation for the Kauai cave wolf spider and Kauai cave amphipod will 
allow us to concentrate our limited resources on higher priority 
critical habitat and other listing actions, while allowing us to put in 
place protections needed for the conservation of the Kauai cave wolf 
spider and Kauai cave amphipod without further delay.
    We plan to employ a priority system for deciding which outstanding 
critical habitat designations should be addressed first. We will focus 
our efforts on those designations that will provide the most 
conservation benefit, taking into consideration the efficacy of 
critical habitat designation in addressing the threats to the species, 
and the magnitude and immediacy of those threats. We will develop a 
proposal to designate critical habitat for the Kauai cave wolf spider 
and Kauai cave amphipod as soon as feasible, considering our workload 
priorities.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
activities. Recognition through listing results in public awareness and 
conservation actions by Federal, State, and local agencies, private 
organizations, and individuals. The Act provides for possible land 
acquisition and cooperation with the States and requires that recovery 
actions be carried out for all listed species. The protection required 
of Federal agencies and the prohibitions against taking and harm are 
discussed, in part, below.
    Section 7(a) of the Act requires Federal agencies to evaluate their 
actions with respect to any species that is proposed or listed as 
endangered or threatened and with respect to its critical habitat, if 
any is being designated. Regulations implementing this interagency 
cooperation provision of the Act are codified at 50 CFR part 402. 
Section 7(a)(4) requires Federal agencies to confer with us on any 
action that is likely to jeopardize the continued existence of a 
species proposed for listing or result in destruction or adverse 
modification of proposed critical habitat. If a species is listed 
subsequently, section 7(a)(2) requires Federal agencies to insure that 
activities they authorize, fund, or carry out are not likely to 
jeopardize the continued existence of a listed species or to destroy or 
adversely modify its critical habitat. If a Federal action may affect a 
listed species or its critical habitat, the responsible Federal agency 
must enter into formal consultation with us.
    All known populations of the Kauai cave wolf spider and the Kauai 
cave amphipod are located on private property. Federally supported 
activities that could affect these taxa and their habitat in the future 
include, but are not limited to, the following--construction of roads 
and highways; construction of public or private facilities; 
construction of diversions for flood control; pesticide use; and the 
release of biological control agents.
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to all endangered 
wildlife. The prohibitions, codified at 50 CFR 17.21, in part, make it 
illegal for any person subject to the jurisdiction of the United States 
to take (includes harass, harm, pursue, hunt, shoot, wound, kill, trap, 
or collect; or attempt any of these), import or export, ship in 
interstate commerce in the course of a commercial activity, or sell or 
offer for sale in interstate or foreign commerce any endangered 
wildlife. 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 agents of State conservation 
agencies.
    We may issue permits to carry out otherwise prohibited activities 
involving endangered wildlife under certain circumstances. Regulations 
governing permits are codified at 50 CFR 17.22 and 17.23. Such permits 
are available for scientific purposes, to enhance the propagation or 
survival of the species, and/or for incidental take in the course of 
otherwise lawful activities.
    Our policy, published in the Federal Register on July 1, 1994 (59 
FR 34272), is to identify to the maximum extent practicable at the time 
a species is listed those activities that would or would not constitute 
a violation of section 9 of the Act. The intent of this policy is to 
increase public awareness of the effect of this listing on proposed and 
ongoing activities within the species' range. We believe that, based on 
the best available information, the following actions will not likely 
result in a violation of section 9:
    (1) Possession, delivery, or movement, including interstate 
transport, involving no commercial activity, of dead specimens of these 
taxa that were collected prior to the publication in the Federal 
Register of the final regulation adding these taxa to the list of 
endangered species; and
    (2) Landscaping that does not include filling or grading the area 
above or adjacent to the surface footprint of the caves.
    Potential activities involving these taxa that we believe will 
likely be considered a violation of section 9 include, but are not 
limited to, the following:
    (1) Collection of specimens of these taxa for private possession or 
deposition in an institutional collection;
    (2) The use of chemical insecticides that results in killing or 
injuring these taxa;
    (3) The unauthorized release of biological control agents that 
attack any life stage of these taxa; and
    (4) Habitat modification that results in actually killing or 
injuring these taxa by significantly impairing essential life-
sustaining requirements such as breeding, feeding, and shelter. Such 
habitat modification may include but may not be limited to--removal or 
destruction of perennial vegetation within or adjacent to the surface 
footprint of the caves; construction, clearing, grading, digging, or 
filling within or adjacent to the surface footprint of the caves; 
blasting for construction in proximity to the caves; and alteration of 
the natural drainage of surface and subsurface water flow into the 
caves.
    You should direct any questions regarding whether specific 
activities will constitute a violation of section 9 of the Act to the 
Field Supervisor of the Service's Pacific Islands Ecoregion (see 
ADDRESSES section). Address your requests for copies of the regulations 
concerning listed wildlife and inquiries about prohibitions and permits 
to the U.S. Fish and Wildlife Service, Endangered Species Permits, 911 
N.E. 11th Avenue, Portland, Oregon, 97232-4181 (telephone 503/231-6241; 
facsimile 503/231-6243).

Hawaii State Law

    Federal listing will automatically invoke listing under the State's 
endangered species act. Hawaii's

[[Page 2356]]

Endangered Species Act (HRS, Sect. 195D-4(a)) states, ``Any species of 
aquatic life, wildlife, or land plant that has been determined to be an 
endangered species pursuant to the (Federal) Endangered Species Act 
shall be deemed to be an endangered species under the provisions of 
this chapter and any indigenous species of aquatic life, wildlife, or 
land plant that has been determined to be a threatened species pursuant 
to the (Federal) Endangered Species Act shall be deemed to be a 
threatened species under the provisions of this chapter.'' Listing of 
these two arthropod species will, therefore, also invoke protection 
available under State law, which prohibits the taking of listed 
wildlife species in the State, encourages conservation of such species 
by State agencies, and triggers other State regulations to protect the 
species (HRS, sect. 195AD-4 and 5).

National Environmental Policy Act

    We determined that we do not need to prepare Environmental 
Assessments and Environmental Impact Statements, as defined under the 
authority of the National Environmental Policy Act of 1969, in 
connection with regulations adopted pursuant to section 4(a) of the 
Endangered Species Act of 1973, as amended. On October 25, 1983, we 
published in the Federal Register (48 FR 49244), a notice outlining our 
reasons for this determination.

Required Determinations

    This rule does not contain any new collections of information other 
than those already approved under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq., and assigned Office of Management and Budget 
clearance number 1018-0094. For additional information concerning 
permit and associated requirements for endangered species, see 50 CFR 
17.22.

References Cited

    A complete list of all references we cited is available upon 
request from the Pacific Islands Ecoregion (see ADDRESSES above).

Author

    The primary author of this final rule is Mr. David Hopper, with 
significant contributions by Dr. Adam Asquith, U.S. Fish and Wildlife 
Service (phone 808/541-3441; or facsimile 808/541-3470) (see ADDRESSES 
section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
record keeping requirements, Transportation.

Regulation Promulgated

    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. We amend section 17.11(h) by adding the following, in 
alphabetical order under ARACHNIDS and CRUSTACEANS, to the List of 
Endangered and Threatened Wildlife:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

[[Page 2357]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Species                                                Vertebrate
------------------------------------------------------                     population where                      When       Critical
                                                         Historic range     endangered or         Status        listed      habitat       Special rules
           Common name              Scientific name                           threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arachnids:
 
                   *                  *                  *                  *                  *                  *                  *
    Spider, Kauai cave wolf.....  Adelocosa anops....  U.S.A. (HI)......  NA                 E                     676  NA               NA
 
                   *                  *                  *                  *                  *                  *                  *
Crustaceans:
 
                   *                  *                  *                  *                  *                  *                  *
    Amphipod, Kauai cave........  Spelaeorchestia      U.S.A. (HI)......  NA                 E                     676  NA               NA
                                   koloana.
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: December 31, 1999.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 00-982 Filed 1-13-00; 8:45 am]
BILLING CODE 4310-55-P