Our Response: The Service considers all activities in a NRCS conservation plan that benefit nene habitat as being within the scope of the 4(d) rule exception for nene habitat management activities. 2018, in litt.). Pictorial Pattern Catalog - Page Nine Ducks & Geese Wood Duck, Atlantic & Pacific Brant Goose, Ashy-headed Goose, Barnacle Goose & Canada Goose, Emperor Goose, Nene Goose, Pygmy Goose, Red-breasted Goose, Ross' Goose, Snow & Blue Goose, White-fronted Goose Take can result knowingly or otherwise, by direct and indirect impacts, intentionally or incidentally. These projected decreases in precipitation are important stressors for nene because they experience substantially higher mortality from starvation in drought years (Hess 2011, p. 59). In addition to the application of the above tools, predator control as defined here includes activities related to predator control, such as performing efficacy surveys, trap checks, and maintenance duties. Our Response: This reclassification and associated 4(d) rule is designed to give more nene management authority to the State. that agencies use to create their documents. The study concluded that enhanced management efforts, which include an appropriate predator control effort, would enable nene to reach a self-sustaining level (Black and Banko 1994, entire). 2013, p. 2, Figure 1d). If you violate this law, you have to pay up to $50,000 as penalty. documents in the last year. In that instance, we may determine that the threats are minimized sufficiently and the species is robust enough to delist. Kauai remained mongoose-free when a planned introduction was aborted; however, there have been almost 350 reported sightings since 1968, and in 1976, a road-killed, lactating female was found on the island near Eleele (KISC 2016a, in litt. We sought comments from independent specialists to ensure that our determination is based on scientifically Start Printed Page 69919sound data, assumptions, and analyses. Many of the earlier releases were accompanied by little or no management of predators and habitats. 1999). More information and documentation can be found in our Permanent “Nene Crossing” signs alert drivers to the potential for birds in the primary area(s) of concern, and temporary crossing signs are deployed when birds are observed frequenting specific road side sites. Six risk-based scenarios describing potential future conditions through 2100 project lower and upper bounds of GMSL rise between 0.3 and 2.5 m (1 and 8 ft) (Sweet et al. Because nene experience many threats that put them in danger of extinction, nene have been listed under the Act since 1967. documents in the last year, by the Transportation Department Drought was also thought to have contributed to the population decline (10 percent) at Hawaii Volcanoes National Park in the late 1990s (Rave et al. Drought contributes to nene mortality by reducing the amount and quality of available forage, thereby increasing the starvation and dehydration. Some subpopulations may potentially be affected in the future by habitat changes resulting from the effects of climate change such as increases in drought, hurricanes, or sea-level rise (Factor A) and nene may potentially be affected in the future by introduction of diseases such as West Nile virus (Factor C). 2017, p. 1). Ongoing conservation measures in nene breeding areas, such as predator control and predator-proof fences that exclude cats, reduce but do not eliminate the risk of exposure to toxoplasmosis due to the abundance and range of feral cat populations. 12/10/2020, 42 During this time of year, both adults and goslings are flightless for a period of time and are especially vulnerable. documents in the last year, by the International Trade Administration 479, 482) contend that this movement pattern may be beneficial to nene for the following reasons: (1) Altitudinal migration may allow nene to track availability of food resources not otherwise seasonally available (Black et al. 1999, p. 40; Veillet et al. Kauai Department of Fish and Wildlife (DOFAW) also has predator control programs and may provide supplemental feed during drought years. In addition, cattle egrets (Bubulcus ibis) and barn owls (Tyto alba) are suspected to occasionally take goslings. Our Response: We agree that additional outreach regarding the status of nene and associated current issues would further advance the conservation of nene. Rep. No. Currently, nene are found in a range of habitats from sea level to subalpine areas on the islands of Kauai, Oahu, Molokai, Maui, and Hawaii. Take by landowners or their agents conducting intentional harassment in the form of hazing or other deterrent measures not likely to cause direct injury or mortality, or nene surveys; Take that is incidental to conducting lawful control of introduced predators or habitat management activities for nene; and. Over this time frame, we anticipate that threats to nene associated with climate change (e.g., increased duration and intensity of drought, increased frequency and intensity of hurricanes, and flooding associated with hurricanes and sea-level rise) to continue to increase, although we expect the primary issues driving nene population viability will continue to be predation and habitat degradation. The Nene is a fascinating story of evolution, of adaptation, of protection, of conservation – a perfect symbol for the state it represents. wing structure for shorter flights. Predator traps outfitted with protective guards have been effective at reducing the incidence of injury to goslings (NRCS 2007, p. 6). Accordingly, we amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below: 1. Start Printed Page 69929Predation by mongoose, dogs, cats, rats, and feral pigs continues to affect all life stages of nene (eggs, goslings, and adults), negatively impacting breeding success and survival. Similar constraints apply to the level of foreseeability of governmental commitments to implementation of biosecurity measures (see Hawaii Interagency Biosecurity Plan). Our analysis also considers that there may be an opportunity for nene to increase genetic diversity: The establishment of traditional movement patterns on Hawaii Island may provide opportunities for greater genetic exchange if pair bonds are formed between individuals from separate breeding subpopulations at non-breeding locations (Hess et al. In response to the Navy's comment, we noted that the September 2014 section 7 Biological Opinion for their Pacific Missile Range Facility on Kauai covers the incidental take of nene resulting from hazing activities. 2002, pp. electronic version on GPO’s govinfo.gov. However, the combined purpose of these rules is to provide nene continued protection while facilitating conservation of nene and expansion of their range by increasing flexibility in management activities. Variability was attributed to year of release, age class, and method of release (Black et al. Please see the April 2, 2018, proposed rule (83 FR 13919) regarding the history of the scientific and common names of the nene. Nene have evolved alongside volcanic activity on the island of Hawaii for centuries, and despite past and present activity, volcanic activity has not been identified as a dominant factor that threatens the survival of the species. The law designating the Nene, also known as the Hawaiian goose as the official Hawaii state bird is Section §5-17 (State bird.) The Navy requested that the rule allow Federal employees, specifically installation natural resource managers, or any biologists that support the implementation of integrated natural resources management plans (INRMPs) to perform these actions under the 4(d) rule. Comprehensive control of an array of nonnative species and management to reduce disturbance regimes that favor them remain limited in scope. As of December 2018, all inspector positions were staffed; however, even with full staffing, only 1 to 5 percent of containers can be inspected (Ige 2018, in litt.). Hawaii's agricultural industries (e.g., sugar cane, pineapple) have been declining in importance, and large tracts of former agricultural lands are being converted into residential areas or left fallow (TNC 2007). 2008, pp. However, continuing these efforts into the future is necessary to prevent substantial reductions in the species' viability since nene populations are expected to continue to be conservation-reliant. Estimated mortality rates retrieved from capture-recapture analysis on over 2,000 captive-bred nene that were released to the wild ranged from 0 to 87 percent (Black et al. Avian pox was found in an emaciated bird, but was judged to be a secondary finding (Work et al. (5) Comment: The NRCS commented that the 4(d) rule is an important mechanism for providing the regulatory assurance needed to successfully implement the voluntary Working Lands for Fish and Wildlife (WLFW) program in Hawaii, as it may provide provisions to ensure that private landowners and citizens are not disproportionately burdened by regulations that do not further the conservation of the species and are excepted from the “take” prohibitions. Finally, sea-level rise resulting from thermal expansion of warming ocean water; the melting of ice sheets, glaciers, and ice caps; and the addition of water from terrestrial systems (Climate Institute 2011, in litt.) A decision to revise the status of a species on, or to remove a species from, the Federal List of Endangered and Threatened Wildlife (List; 50 CFR 17.11(h)) is ultimately based on an analysis of the best scientific and commercial data then available to determine whether a species is no longer an endangered species or a threatened species, regardless of whether that information differs from the recovery plan. The HDLNR noted that their 2017 count includes the most recent translocation efforts to Kauai and Maui. 2012, p. 483). documents in the last year, 43 The nene is not thriving to the degree that its population is considered capable of sustaining unrestricted trade, and the resulting increased incentive for capture of nene from the wild, without the likelihood of negative impacts to the long-term viability of the species. Designated Hawaii's State Bird on May 7, 1957, the Nene, aka Hawaiian Goose, (Branta sandwicensis,) has
2007); Washington Environmental Council v. National Marine Fisheries Service, 2002 U.S. Dist. 18-21). 1999, p. 23). Fish and Wildlife Service. State data are consistent with our assessment that there are self-sustaining populations on Hawaii (493, plus the Start Printed Page 69937598 translocated birds, totaling 1,091), Kauai (1,482 birds), and Maui (579, plus the 48 translocated birds, totaling 627). We have added an analysis of the effects of flooding resulting from storms and hurricanes to nene eggs and goslings under Factor E. Other Natural or Manmade Factors Affecting Its Continued Existence. 2005, p. 14). 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