Only official editions of the 12/10/2020, 391 Local people are still protecting them, and a law about Nene has established. Yellow crazy ants (Anoplolepis gracilipes), tropical fire ants (Solenopsis geminata), and little fire ants (Wasmannia auropunctata) also have the potential to disturb incubating females and goslings (Plentovich 2019, in litt.). In many instances of gosling mortality, the actual cause of death may be exposure because goslings are weakened by malnutrition (at hatching) and were unable to keep up with parents, and therefore got chilled or overheated and died (Baker and Baker 1999, p. 13). ; Uyehara 2016a, in litt.). Further, fitness on Kauai might be even higher if there was more genetic variation. This 4(d) rule identifies these activities to provide protective mechanisms to landowners and their agents so that they may continue with certain activities that are not anticipated to cause direct injury or mortality to nene and that will facilitate the conservation and recovery of nene. In the proposed rule that published on April 2, 2018 (83 FR 13919), we requested that all interested parties submit written comments on the proposal by June 1, 2018. If a nest or families with goslings is discovered, a qualified biologist must be notified and the following measures implemented to avoid disturbance of nests and broods: (1) No disruptive activities may occur within a 100-foot (30-meter) buffer around all active nests and broods until the goslings have fledged; and (2) brooding adults (i.e., adults with an active nest or goslings) or adults in molt may not be subject to intentional harassment at any time. The 2004 draft revised recovery plan sets forth the general recovery strategy for nene (USFWS 2004, p. 47), as follows: In order for nene populations to survive they should be provided with generally predator-free breeding areas and sufficient food resources. 1999, pp. 2009, p. 277; Scott et al. We are aware that data indicate an increase in frequency and intensity of both drought and hurricanes, and indicate species range shifts due to a warming ambient global temperature, and we will work with partners to do our best to minimize such impacts to nene and nene habitat. Please see the 4(d) Rule, below, for more details on State law and associated requirements (e.g., license, permit, safe harbor agreement, habitat conservation plan). comm. documents in the last year, 345 The black rat and the Norway rat arrived in the islands more recently as stowaways on ships sometime in the late 19th century (Atkinson and Atkinson 2000, p. 25). The nene (Branta sandvicensis), also known as nēnē and Hawaiian goose, is a species of bird endemic to the Hawaiian Islands. Updates have yet to come in for the small coastal population of nene in the Kapoho to Pohoiki area; however, they are assumed to have moved out during the eruption and moved back into the area afterward (Mello 2018, in litt). There are also certain statutory exemptions from the prohibitions, which are found in sections 9 and 10 of the Act. Although we conclude State and Federal regulatory mechanisms do not adequately address the threats to nene and their habitats from potential new introductions of nonnative species or continued expansion of existing nonnative species populations on and between islands and watersheds, we believe that with sustained management commitment, these mechanisms could be important tools to ameliorate these threats. Flooding and volcanic activity are threats to nene; however, neither of these threats is likely to occur across the nene's range in a single event. Our Response: We agree that taro farms on Kauai support large numbers of nene and that taro farms are important, although not ideal, habitat. This … electronic version on GPO’s govinfo.gov. Nene are vulnerable at this time, as well as during the breeding season, as they are moving around to different areas, thus being exposed to additional predation in unprotected habitat, poor availability of suitable foraging habitat, and interactions with humans and human structures (wind towers, vehicles, etc.). Our Response: We agree that additional outreach regarding the status of nene and associated current issues would further advance the conservation of nene. 421, 424; DeConto and Pollard 2016, pp. The HCPs include the following conservation measures to offset the amount of authorized take: (1) Establish an additional population of 75 nene at an off-site location (Haleakala Ranch); (2) conduct predator control and habitat enhancement at the additional population site; (3) conduct on-site habitat restoration; (4) conduct on-site monitoring of nene; and (5) fund nene conservation actions at Haleakala National Park (DOFAW 2016, in litt.). Although classified as threatened upon the effective date of this final rule (see DATES, above), nene are still protected under both the Act and Hawaii Endangered Species Law. These can be useful documents in the last year, 941 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. 2007); Washington Environmental Council v. National Marine Fisheries Service, 2002 U.S. Dist. [§5-17] State bird. Global Change Research Program (US-GCRP) 2009, pp. Why we need to publish a rule. 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. Anyone taking, attempting to take, or otherwise possessing a nene, or parts thereof, in violation of section 9 of the Act will still be subject to a penalty under section 11 of the Act, except for the actions that are specifically excepted under the 4(d) rule. The largest of these is at Wildfowl The HDLNR provided updated nene population estimates. Determining whether a species has improved to the point that it can be downlisted requires consideration of whether the species is endangered or threatened because of the same five categories of threats specified in section 4(a)(1) of the Act. They also stated that if the recent translocations had not taken place, there would not be a population of 500 birds on the island of Hawaii; therefore, the nene's status would not meet the downlisting criteria of a minimum of seven populations, of which two consist of 500 or more breeding adults each on two of the islands of Hawaii, Kauai, and east Maui; and one population of 300 breeding adults. Local groups are working to implement actions urgently needed to address the importation of nonnative, invasive species. This final rule revises 50 CFR 17.11(h) to reclassify nene from endangered to threatened on the List of Endangered and Threatened Wildlife. This site displays a prototype of a “Web 2.0” version of the daily Collisions at wind energy facilities will result in take of nene now and in the foreseeable future; however, conservation measures in approved and permitted HCPs are expected to offset any population-level impacts to the species. While predator control had reduced egg predation, fledging success remained low, largely due to inadequate nutrition. Current State of Hawaii (HRS section 195D-4) law does not include the authority to issue regulations, equivalent to those under section 4(d) of the Act, to except take prohibitions for endangered and threatened species. About the Federal Register In enacting Public Law 85-891, the Congress recognized the fact that there then existed less than 50 rare Hawaiian nene geese in the wild state in the territory of Hawaii and that such species of native waterfowl was threatened with extinction. State bird. the islands of Hawai'i, Maui, and Kaua'i. Increases in frequency and intensity of both drought and hurricanes are anticipated to bring direct and indirect impacts to nene; however, to what extent and when such impacts may occur is unknown. are not part of the published document itself. Nonnative plants adversely affect native habitat in Hawaii by: (1) Modifying the availability of light, (2) altering soil-water regimes, (3) modifying nutrient cycling, and (4) altering fire regimes of native plant communities (i.e., the “grass/fire cycle” that converts native-dominated plant communities to nonnative plant communities) (Smith 1985, pp. During your trip to the Hawaiian Islands, you might notice the sound of Nene, Hawaiian geese, honking as they soar through the sky in their classic V-formation. One is of a nene that represents Haleakala National Park on Maui; the other shows an erupting volcano on Hawaii island. 1997, p. 1,171). Cattle egrets and barn owls were both introduced into Hawaii in the late 1950s, in an attempt to address agricultural pests on farms and ranches. regulatory information on FederalRegister.gov with the objective of The nene nui and the giant Hawaiian goose, both believed to have been … The mitigation actions include specific monitoring components that ensure the mitigation actions are indeed offsetting the requested take above the baseline that exists without the additive mitigation actions. West Nile virus causes mortality in domestic geese, with goslings more susceptible than adults (Austin et al. The numerous sightings and four confirmed individuals have led to the perception that mongoose are now established on Kauai. This rule finalizes the reclassification of the nene as a threatened species. 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. This information is not part of the official Federal Register document. Our Response: We agree that continued conservation actions are essential to the full recovery of nene. Hawaii National Park Act of 1916. Add to Likebox #98898777 - Hawaiian Goose or Nene - Branta sandvicensis Standing on grass. 504-505; Pounds et al. Revised Statutes, Chapter 5 (EMBLEMS AND SYMBOL) Section 5-17 State bird. Please also see our response to comment (28). We received a more recent statewide population estimate of 3,252 birds from the State. 3-4). The Nene is found ONLY in Hawaii and introduced as the State Bird in … During the 1940s this beautiful species was almost wiped out by laws which allowed the birds to be hunted during their winter breeding seasons when We have determined that the nene is no longer at risk of extinction and, therefore, does not meet the definition of endangered, but is still affected by the following current and ongoing threats to the extent that the species meets the definition of a threatened species under the Act: Environmental effects from climate change are likely to exacerbate the impacts of drought, hurricanes, and flooding associated with storms and hurricanes, as well as causing flooding of portions of nene habitat due to sea-level rise. 1531 et seq.) 1990, pp. 153-154; Baker and Baker 1995, p. 8; Banko et al. Start Printed Page 69942Availability of funding for conservation of natural resources, including threatened and endangered species, is increasingly difficult to predict into the more distant future. Intentional harassment may include prior purposeful actions to attract, track, wait for, or search out nene, or purposeful actions to deter nene. 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). Our analyses of Factor A under the Act include consideration of ongoing and projected changes in climate, and the impacts of global climate change and increasing temperatures on Hawaii ecosystems, all of which are the subjects of active research. Register (ACFR) issues a regulation granting it official legal status. 23-24; Rave et al. The exploitation of nene for food by Hawaiians and non-Polynesian settlers is believed to have been responsible for substantial population declines in lowland areas, and hunting was a major limiting factor until a hunting ban was passed and enforced in 1907 (Banko et al. A population viability analysis modelled the long-term fate of nene under three different management scenarios: (1) No further releases or management, (2) releases mirroring those of the past 30 years, and (3) increased management without further releases. We expect that the actions and activities that are allowed under this 4(d) rule, while they may cause some minimal level of harm or disturbance to individual nene, will not cause mortality or direct injury, will not adversely affect efforts to conserve and recover nene, and in fact should facilitate these efforts because they will make it easier to implement recovery actions and redirect nene activity toward lands that are managed for conservation. The Service may allow additional reasonable time for reporting if access to these offices is limited due to closure. However, since 2009, decreases in contributed funding have limited the positive contributions of these groups to implementing the laws and rules that can protect and control threats to nene. Information about this document as published in the Federal Register. Despite limited data, recent estimates of nest success on Kauai for private lands (75 percent) and the Kauai NWR Complex (82 percent) are greater than estimates for both Haleakala (62 percent) and Hawaii Volcanoes (58 percent) National Parks (Hu, unpublished as cited in Banko et al. During the 1940s this species was almost wiped out by laws which allowed the birds to be hunted during their winter breeding seasons when the birds were most vulnerable. While the MBTA prohibits actions that directly kill a covered species, unlike the Endangered Species Act (Act), it does not prohibit habitat modification that indirectly kills or injures a covered species, affords no habitat protection when the birds are not present, and provides only very limited mechanisms for addressing chronic threats to covered species, such as nonnative predators. Humans, too, hunted the birds for their meat, eggs and feathers. Upon finalization of this rule, the State will be the main authority regarding how and whether any of the excepted forms of take outlined in this rule will be permitted. The Present or Threatened Destruction, Modification, or Curtailment of Its Habitat or Range. should verify the contents of the documents against a final, official If an activity creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns such as breeding, feeding, and sheltering, then the activity has the potential to cause take in the form of harassment. This plan outlines the myriad biosecurity threats (e.g., mongoose and other harmful nonnative animals, diseases, and nonnative plants) in Hawaii and provides broad-scale solutions, including inspections at all air and sea ports to prevent inter-island, interstate, and international spread of invasive species. Nene habitat is similarly protected on lands owned by the National Park Service. The use of certain fencing and erosion control materials has resulted in entanglement of nene with the potential to cause impaired movement, injury, and in some cases mortality. and projected over a 20-year time period assuming constant management (Amidon 2017, entire). In the course of habitat management activities, incidental take of nene may occur in the following manner: (1) Accidental crushing of non-flighted juveniles, goslings, or nests with eggs; (2) injury or death due to collisions with vehicles and equipment; (3) injury or death due to ingestion of plants sprayed with herbicides for conservation purposes or ingestion of fertilizers; (4) injury or death due to entanglement with landscaping materials or choking on foreign materials; and (5) injury or death of goslings if goslings are separated from parents because of disturbance by restoration activities (e.g., use of heavy equipment or mechanized tools). documents in the last year, by the Interior Department The Present or Threatened Destruction, Modification, or Curtailment of Its Habitat or Range. 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