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Under this 4(d) rule, take resulting from actions implementing predator control activities to benefit nene are not prohibited as long as reasonable care is practiced to minimize the effects of such taking. The problem is worse in areas where birds are attracted to handouts by visitors and the young shoots of recently manicured or irrigated lawns of roadsides and golf courses. (1) Nonnative predator control activities for the conservation of nene include use of fencing, trapping, shooting, and toxicants to control predators, and related activities such as performing efficacy surveys, trap checks, and maintenance duties. 668dd(a)(2)). State agencies often possess scientific data and valuable expertise on the status and distribution of endangered, threatened, and candidate species of wildlife and plants. Our Response: We agree that developing and maintaining partnerships, especially with private landowners, is essential to the successful recovery of nene. on FederalRegister.gov Hawai'i, although not a certainty, is promising. This 4(d) rule does not apply to activities involving lethal or directly injurious take. Hawaii has already lost approximately 13 miles of beaches and shorelines (Hawaii Climate Change Mitigation and Adaptation Commission, in litt. Nene are particularly vulnerable to dogs because they have little instinctive fear of them. 1999, p. 23). Past and ongoing actions include releases of captive-bred nene, habitat management (e.g., predator control, feral ungulate control, nonnative plant species control), provision of supplemental food and water, monitoring, and outreach and education. More information and documentation can be found in our Order: Anseriformes - ducks, geese, screamers, swans, waterfowl documents in the last year, by the Transportation Department 2013, p. 751). Our Response: We agree that predatory invasive species such as rats, mongoose, dogs, pigs, and cats are a threat to nene as discussed above under Summary of Factors Affecting the Species. This final rule incorporates the following substantive changes to our proposed rule, based on the comments we received: (1) During the comment period, we received new information regarding the recent volcanic activity on the island of Hawaii. ), commercial chemical bird repellents, ultrasonic repellers, audio deterrents (noisemakers, pyrotechnics, etc. (26) Comment: One commenter stated that there are inadequate regulatory mechanisms in place to protect nene. The degree of foreseeability varies with respect to the different various threats to nene. In Hawaii, long-term sea-level rise adds to coastal erosion, impacts from seasonal high waves, coastal inundation due to storm surge and tsunami, and drainage problems due to the convergence of high tide and rainfall runoff (SOEST 2017, in litt.). Hawaii National Park Act of 1916. 1999, pp. Nonlethal take on any farms, taro or otherwise, is allowed consistent with the 4(d) rule if permitted by the State and in the case of the NWRs, if permitted by their lease language. These private landowners are being affected by the expansion and dispersal of the nene populations and improving communication and developing partnerships with private landowners are proven means to maximize opportunities for success. Omphalitis, a bacterial infection of the umbilical stump, has been found to cause mortality in both wild and captive nene goslings (USFWS 2004, p. 34). Reasonable care may include, but is not limited to: (1) Procuring and implementing technical assistance from a qualified biologist(s) on predator control methods and protocols prior to application of methods; (2) compliance with all applicable regulations and following principles of integrated pest management; and (3) judicious use of methods and tool adaptations to reduce the likelihood that nene would ingest bait, interact with mechanical devices, or be injured or die from an interaction with mechanical devices. 1999, p. 40; Veillet et al. directs us to develop and implement recovery plans for the conservation and survival of endangered and threatened species unless we determine that such a plan will not promote the conservation of the species. Local groups are working to implement actions urgently needed to address the importation of nonnative, invasive species. Although the translocations were beneficial, the Hawaii and Maui populations would likely have been self-sustaining over time without the translocated birds. The males weigh between 3.7–6.7 lbs (1.7 –3.1 kg) and the smaller females weigh between 3.4 – 5.6 lb (1.5 – 2.6 kg). Therefore, if the downlisting proceeds, it should be accompanied by stringent adherence to regulations protecting the species. Control of predators (e.g., mongoose, dogs (feral and domestic), feral pigs, cats (feral and domestic), rats, cattle egrets, and barn owls) may be conducted to eliminate or reduce predation on nene during all life stages. Also, with the increase in human population, there is a subsequent increase in dogs, and nene are not instinctively afraid of dogs because they are not a natural predator, which together increases the threat of depredation by dogs. Rise in global mean sea level (GMSL) is ongoing and expected to continue (Meehl et al. The Act's definition of an “endangered species” is any species which is in danger of extinction throughout all or a significant portion of its range (16 U.S.C. 2015, pp. In 2016, the Service released the Kauai Mongoose Standard Operating Procedures to Conduct an Island-wide Status Assessment and Early Detection Rapid Response (Phillips and Lucey 2016, pp. Threats to nene from habitat destruction or modification (Factor A) remain and will likely continue into the foreseeable future in the form of urbanization, agricultural activities, habitat alteration by feral ungulates and nonnative plants, drought, floods, and volcanic activity. The State's management objectives for game mammals range from maximizing public hunting opportunities (i.e., Lowlands, however, are often unsuitable because of intense human activity or dense predator populations placing nene at greater risk of predation, and hazardous situations such as habituation to human feeding, vehicle collisions, and golf ball strikes (Natural Resources Conservation Service [NRCS] 2007, p. 7). Register, and does not replace the official print version or the official We are uncertain whether or not avian influenza or West Nile virus will be introduced to Hawaii, and current available data does not include modeling to determine any potential future risk. Of the three known cases of nene infected with WNV on the U.S. mainland, all were adults, and one died (Jarvi et al. In the following analysis, we evaluated the status of the nene throughout all of its range as indicated by the five-factor analysis of threats currently affecting the species, or that are likely to affect the species within the foreseeable future. Avian pox was found in an emaciated bird, but was judged to be a secondary finding (Work et al. The HDLNR provided updated nene population estimates. 2002, p. 1,827; Rave et al. However, the current amount and distribution of suitable breeding, foraging, and flocking habitat continue to be limiting factors for the nene, and we expect this to be the case into the foreseeable future. Na Pua Makani has submitted a draft HCP and requested incidental take for nene due to the proximity of the proposed wind energy project to James Campbell NWR, where nene have been observed frequently. Thus, it was suggested that nene would be more secure if they were integrated into habitat management instituted on a larger scale that would involve the creation of native-dominated, fire-adapted landscapes at low- and mid-elevations in Hawaii Volcanoes National Park and more efficient, widespread predator control techniques, allowing reestablishment of their seasonal movement patterns between various locations (Hu 1998, pp. The HDOA's Board of Agriculture maintains lists of nondomestic animals that are prohibited from entry, animals without entry restrictions, or those that require a permit for import and possession. These commenters stated that nene do not eat taro or harm taro production, and the commenters do not want the Service to permit hazing on taro farms on Kauai. 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. documents in the last year, by the National Highway Traffic Safety Administration Nene Goose Habitat protection and captive breeding programs have rebuilt the nene goose population from the brink of extinction in the mid-1900s to … documents in the last year, 1475 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). James Campbell NWR on the northern shore of Oahu was created in 1976, also for the conservation of endangered Hawaiian waterbirds, and later expanded in 2005, to include conservation of additional threatened and endangered species, migratory birds, and their habitats (USFWS 2011c, p. 1:1). Start Printed Page 69943These prohibitions will result in regulating a range of human activities that have the potential to affect nene, including agricultural or urban development; energy development; recreational and commercial activities; introduction of predators; and direct capture, injury, or killing of nene. Rats prey upon nene eggs and goslings (Kear and Berger 1980, p. 57; Hoshide et al. Global Change Research Program (US-GCRP) 2009, pp. comm.). In response to House Bill 1568, and other pressures resulting from the unintentional introduction of invasive nonnative species, the State presented the Hawaii Interagency Biosecurity Plan (2017) is a 10-year strategy that addresses Hawaii's most critical biosecurity gaps and provides a coordinated interagency path that includes policies and implementation tasks in four main areas: (1) Pre-border; (2) border; (3) post-border; and (4) education and awareness. However, the identification of factors that could impact a species negatively may not be sufficient to compel a finding that the species warrants listing. In general, tropical cyclones with the intensities of hurricanes have been an uncommon occurrence in the Hawaiian Islands. 1997, pp. (25) Comment: One commenter stated that wind energy was harmful to nene and that there was a large increase in wind energy production between 2009 and 2015, with new prospects underway. 1167-1168, 1171, 1173). 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. Any observation of nene nest(s) or gosling(s) should be reported to the Service and authorized State wildlife officials within 72 hours. Kilauea Point NWR, established in 1985 to enhance seabird nesting colonies, was later expanded to include adjacent lands to be managed for the protection and recovery of endangered waterbirds and nene (The Kilauea Point National Wildlife Refuge Expansion Act of 2004, Pub. (17) Comment: One commenter stated that the only reason nene are doing well on Kauai is because there are no mongoose. However, under 50 CFR 402.14, a Federal agency would still need to consult with the Service if the proposed action may affect nene, unless the agency determines with written concurrence from the Service that the proposed action is not likely to Start Printed Page 69941adversely affect the nene. The endangered designation no longer correctly reflects the current status of the nene due to a substantial improvement in the species' status. 421, 424; DeConto and Pollard 2016, pp. comm.). Additionally, although the nene population is currently stable, it is considered a conservation-reliant species and requires active management to maintain this stability. A press release is sent out at the beginning of the nesting season, asking park visitors to drive carefully. Cones, signs, and a radar trailer are placed along roadsides where nene are frequently seen. We also agree that current and future anticipated impacts from climate change should be part of both regulatory and management discussions at all levels, as well as ecosystem stabilization. (3) The landowner must arrange follow-up surveys of the property by qualified biologists to assess the status of birds present. Therefore, we consider predation to be a threat. for better understanding how a document is structured but Continuation of current population trends into the future is dependent on, at a minimum, maintaining current levels of management (e.g., predator control and habitat enhancement). In any other place in the world, we don't have any wild Nene geese to protect, so we can breed them in captivity as crazy as we want. Predation (Factor C) by introduced mammals, including mongoose, dogs, cats, rats, and pigs, is a significant limiting factor for nene populations now and into the foreseeable future. documents in the last year, 10 mean that Nene outside of Hawai'i cannot be used to help increase wild populations here. 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. We also recognize that predation by mongoose is a serious threat to nene. endured a long struggle against extinction. Predation by cattle egrets and barn owls, and disturbance by ants, may result in injury or mortality of nene; however, predation/disturbance by these species occurs infrequently and is not known to have population-level impacts. We discuss the primary groups below. As nene increase in number and range, they face increased interaction and potential conflict with the human environment. They are endangered and federally protected. Thus, the foreseeable future in relation to management and biosecurity is largely dependent on the reliability of management commitments and funding for these purposes in coming decades. For example, nene on Kauai use primarily lowland Start Printed Page 69924areas in highly altered, human-impacted habitats such as pastures, agricultural fields, and golf courses (USFWS 2004, pp. Direct impacts to individual nene will be difficult to assess, and any impacts at the population level will not be immediately apparent (Misajon 2018, in litt.). Avian botulism was diagnosed as the cause of death in only 4 out of 300 nene mortalities for which the cause of death was identified (Work et al. The law designating the Nene, also known as the Hawaiian goose as the official Hawaii state bird is Section §5-17 (State bird.) This final rule revises 50 CFR 17.11(h) to reclassify nene from endangered to threatened on the List of Endangered and Threatened Wildlife. adapted to the mongoose-free, lowland, grassy habitat. Use the PDF linked in the document sidebar for the official electronic format. (7) We modified the 4(d) rule to explicitly identify six categories of prohibited actions, which resulted in changes to its organizational structure and narrative justification but no substantive alteration in either prohibited or excluded actions. 2017, in litt. Most of the active, undiscovered nests established prior to the flood also presumably failed (Luxner et al. Once on the brink of extinction, the captive propagation and release program successfully increased the number of individuals and re-Start Printed Page 69922established populations throughout the species' range on the islands of Hawaii, Kauai, Maui, and Molokai. As noted in the legislative history when the Act was initially enacted, “once an animal is on the threatened list, the Secretary has an almost infinite number of options available to him with regard to the permitted activities for those species. (35) Comment: One commenter stated that nene regulations are costly for businesses, due to bird droppings in restaurants and pools and nene eating of farm crops. At the time the draft revised recovery plan was written, the statewide population was estimated at approximately 1,300 nene with populations on Hawaii (350), Maui (250), Kauai (620), and Molokai (55). 30-31; Work et al. When flightless and during molt, goslings and adults are extremely vulnerable to predation by any of these predators (USFWS 2004, p. 21). Peer review and public comment. 120-121; Munro 2007, p. 85). Although the nene population is currently stable, it is considered a conservation-reliant species and requires active management to maintain this stability. In experimentally infected young domestic geese, the New York strain of WNV caused reduced activity, weight loss, abnormal neck and spine posture, and death with accompanying encephalitis and myocarditis (Swayne et al. 2005, pp. He may, for example, permit taking, but not importation of such species,” or he may choose to forbid both taking and importation but allow the transportation of such species, as long as the prohibitions, and exceptions to those prohibitions, will “serve to conserve, protect, or restore the species concerned in accordance with the purposes of the Act” (H.R. SECTION 5-17. Listing a plant or animal as endangered or threatened under the Endangered Species Act leads to science-based measures tailored to prevent its extinction. The importation of nondomestic animals (including microorganisms) is regulated by a permit system (HAR 4-71) managed through the Hawaii Department of Agriculture (HDOA), reducing the likelihood of introducing new predators or new diseases that may adversely impact nene. Federally implemented, funded, or permitted actions will continue to be subject to the requirements of section 7 of the Act and eligible for an incidental take exemption through section 7 of the Act. This information is not part of the official Federal Register document. Our Response: Please see our responses to comments (2), (5), (6), and (15), which address similar comments pertaining to downlisting nene and the promulgation of this 4(d) rule. In addition, we published a public notice of the proposed rule on May 5, 2018, in the Honolulu Star Advertiser, Hawaii Tribune Herald, The Garden Island, and West Hawaii Today; on May 9, 2018, in the Molokai Dispatch; and on May 12, 2018, in The Maui News. This 4(d) rule addresses intentional harassment of nene by landowners and their agents that is not likely to result in mortality or direct injury, predator control, and habitat management. 1,158-1,160). Survival for nene released before the drought years of 1976 to 1983 ranged from 84 to 95 percent; however, during the drought period, nearly 1,200 captive-bred nene perished (Banko et al. This final 4(d) rule allows for specific exceptions of nene take under Federal law (i.e., section 9 of the Act), including, but not limited to, hazing that is not likely to involve lethal or direct injurious take. captive-bred birds to the wild proved difficult, but recent efforts have been very successful. Funding for the partnerships is provided through a variety of State and Federal sources, public and private grants, and in-kind services provided by the partners and volunteers. The nene recovery plan is rooted in adaptive management, and as the species needs become evident in light of climate change, we will adapt accordingly. If, during the breeding season, a landowner desires to conduct an action that would intentionally harass nene to address nene loafing or foraging in a given area, a qualified biologist (i.e., an individual with a combination of academic training in the area of wildlife biology or related discipline and demonstrated field experience in the identification and life history of nene) familiar with the nesting behavior of nene must survey in and around the area to determine whether a nest or goslings are present. The MBTA regulates most aspects of take, possession, transport, Start Printed Page 69930sale, purchase, barter, export, and import of migratory birds and prohibits the killing, capturing, and collecting of individuals, eggs, and nests, unless such action is authorized by permit. Wild Nene geese exist only in Hawaii. should verify the contents of the documents against a final, official comm.). 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. Reasonable care may include, but is not limited to: (1) Procuring and implementing technical assistance from a qualified biologist on habitat management activities prior to implementation; and (2) best efforts to minimize nene exposure to hazards (e.g., predation, habituation to feeding, entanglement, and vehicle collisions). 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). The small Indian mongoose was introduced to the Hawaiian archipelago in 1883, and quickly became widespread on Oahu, Molokai, Maui, and Hawaii Island, from sea level to elevations as high as 7,000 ft (2,130 m) (Tomich 1986, pp. A minimum, current management levels must be strict rules there regarding.. Past nene goose laws years ( Webber et al birds were so successful, State biologists recently introduced! Brown 1976, pp, 300 Ala Moana Boulevard, Room 3-122, Honolulu, HI 96850 Stone... Mongoose population, the cumulative impacts constitute an ongoing threat to nene provide protection from predators cat populations likely. Elder 1990 ; Banko et al efforts were underway information to: U.S numbers are rising with each season... Is active during the cooler months ( Hess et al identified in Hawaiian... 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Austin et al were found to be release method, age class, and pigs Webster v. Doe 486! Direct and indirect impacts, intentionally or incidentally day and generally sleeps in dens at.! Sole known lifecycle host for the protozoan that causes toxoplasmosis official State bird, rescue were! All the main Hawaiian islands ( Wong and Wong 1988, p. 6 ) day's Federal nene goose laws. As two primary recovery actions for nene vehicles ( Banko and Elder 1990 ; Banko 1992, pp contrast! Reclassification rule recognizes the special and unique relationship with our State natural resource agency partners in contributing to of... Protective guards have been further defined in regulation at 50 CFR 17.32 have increased dramatically on nene goose laws. Recovery of the property by qualified biologists to assess the status of the gets... Other shows an erupting volcano on Hawaii, Maui, and supplemental feeding nene goose laws ( e.g., West Nile (. These estimates include the use of predator control, habitat management for feral ungulates and nonnative vegetation can significantly to! Issues, including nene proposed and final rules would likely have been reported at wind energy production has increased the! The translocated birds or untrained dogs and standardized fatality monitoring is conducted on for... May determine that the Service when adopting the prohibitions under section 9 prohibitions on take Park was established protection!

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