[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Proposed Rules]
[Pages 48414-48424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15739]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2023-0067; FF09E22000 FXES1111090FEDR 234]
RIN 1018-BG69
Endangered and Threatened Wildlife and Plants; Endangered Species
Status for the Fluminense Swallowtail, Harris' Mimic Swallowtail, and
Hahnel's Amazonian Swallowtail
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
list two species and one subspecies of Brazilian swallowtail
butterflies as endangered species under the Endangered Species Act of
1973, as amended (Act). Specifically, we are proposing to list the
Fluminense swallowtail (Parides ascanius), Harris' mimic swallowtail
(Eurytides (=Mimoides) lysithous harrisianus), and Hahnel's Amazonian
swallowtail (Parides hahneli), all butterflies endemic to Brazil. After
a review of the best scientific and commercial information available,
we find that listing all three swallowtails is warranted. Accordingly,
we propose to list the Fluminense swallowtail, Harris' mimic
swallowtail, and Hahnel's Amazonian swallowtail as endangered species
under the Act. If we finalize this rule as proposed, it would add these
species to the List of Endangered and Threatened Wildlife and extend
the Act's protections to these species.
DATES: We will accept comments received or postmarked on or before
September 25, 2023. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. eastern time on the closing date. We must receive requests for a
public hearing, in writing, at the address shown in FOR FURTHER
INFORMATION CONTACT by September 11, 2023.
ADDRESSES:
Written comments: You may submit comments by one of the following
methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-HQ-ES-2023-0067,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the panel on the left side of
the screen, under the Document Type heading, check the Proposed Rule
box to locate this document. You may submit a comment by clicking on
``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-HQ-ES-2023-0067, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Information Requested, below, for more information).
Availability of supporting materials: Supporting materials, such as
the species status assessment report, are available at https://www.regulations.gov at Docket No. FWS-HQ-ES-2023-0067.
FOR FURTHER INFORMATION CONTACT: Rachel London, Chief, Branch of
Delisting and Foreign Species, Ecological Services Program, U.S. Fish
and Wildlife Service, MS: ES, 5275
[[Page 48415]]
Leesburg Pike, Falls Church, VA 22041-3803; telephone 703-358-2171.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION:
Information Requested
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from other governmental agencies, Native
American Tribes, the scientific community, industry, or any other
interested parties concerning this proposed rule. We particularly seek
comments concerning:
(1) The species' biology, range, and population trends, including:
(a) Biological or ecological requirements of the species, including
habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current ranges, including distribution patterns
and the locations of any additional populations of these species;
(d) Historical and current population levels, and current and
projected trends; and
(e) Past and ongoing conservation measures for the species, their
habitats, or both.
(2) Threats and conservation actions affecting these species,
including:
(a) Factors that may be affecting the continued existence of the
species, which may include habitat destruction, modification, or
curtailment; overutilization; disease; predation; the inadequacy of
existing regulatory mechanisms; or other natural or manmade factors.
(b) Biological, commercial trade, or other relevant data concerning
any threats (or lack thereof) to these species.
(c) Existing regulations or conservation actions that may be
addressing threats to these species.
(3) Additional information concerning the historical and current
status of these species.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include.
Please note that submissions merely stating support for, or
opposition to, the action under consideration without providing
supporting information, although noted, do not provide substantial
information necessary to support a determination. Section 4(b)(1)(A) of
the Act (16 U.S.C. 1533(b)(1)(A)) directs that determinations as to
whether any species is an endangered or a threatened species must be
made solely on the basis of the best scientific and commercial data
available.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES.
If you submit information via https://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the website. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so. We
will post all hardcopy submissions on https://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov.
Our final determinations may differ from this proposal because we
will consider all comments we receive during the comment period as well
as any information that may become available after this proposal. Based
on the new information we receive (and, if relevant, any comments on
that new information), we may conclude that one or more of these
species are threatened instead of endangered, or we may conclude that
one or more of these species do not warrant listing as either
endangered species or threatened species. In our final rule, we will
clearly explain our rationale and the basis for our final decisions,
including why we made changes, if any, that differ from this proposal.
Public Hearing
Section 4(b)(5) of the Act (16 U.S.C. 1533(b)(5)) provides for a
public hearing on this proposal, if requested. Requests must be
received by the date specified in DATES. Such requests must be sent to
the address shown in FOR FURTHER INFORMATION CONTACT. We will schedule
a public hearing on this proposal, if requested, and announce the date,
time, and place of the hearing, as well as how to obtain reasonable
accommodations, in the Federal Register at least 15 days before the
hearing. We may hold the public hearing in person or virtually via
webinar. We will announce any public hearing on our website, in
addition to the Federal Register. The use of virtual public hearings is
consistent with our regulations at 50 CFR 424.16(c)(3).
Previous Federal Actions
On January 1, 1994, we received a petition to add the Fluminense,
Harris' mimic, and Hahnel's Amazonian swallowtails to the List of
Endangered and Threatened Wildlife. On May 10, 1994, we published in
the Federal Register (59 FR 24117) a 90-day finding that they may be
warranted for listing. On December 7, 2004, we published in the Federal
Register (69 FR 70580) a warranted but precluded 12-month finding for
the Fluminense, Harris' mimic, and Hahnel's Amazonian swallowtails and
identified them as candidates under the Act (16 U.S.C. 1531 et seq.).
Candidates are those fish, wildlife, and plants for which we have on
file sufficient information on biological vulnerability and threats to
support preparation of a listing proposal, but for which development of
a listing rule is precluded by other higher priority listing
activities. These three species remained designated as candidates in
the subsequent candidate notices of review (72 FR 20184, April 23,
2007; 73 FR 44062, July 29, 2008; 74 FR 40540, August 12, 2009; 76 FR
25150, May 3, 2011; 78 FR 24604, April 25, 2013; 81 FR 71457, October
17, 2016; 84 FR 54732, October 10, 2019; 86 FR 43470, August 9, 2021;
87 FR 26152, May 3, 2022).
Peer Review
A species status assessment (SSA) team prepared an SSA report for
the Fluminense swallowtail, Harris' mimic swallowtail, and Hahnel's
Amazonian swallowtail. The SSA team was composed of Service biologists,
in consultation with other species experts. The SSA report represents a
compilation of the best scientific and commercial data available
concerning the status of the species, including the impacts of past,
present, and future factors (both negative and beneficial) affecting
the species.
In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270), and our August 22,
2016, memorandum updating and clarifying the role of peer review of
listing actions under the Act, we solicited independent scientific
review of the information contained in the Fluminense swallowtail,
Harris'
[[Page 48416]]
mimic swallowtail, and Hahnel's Amazonian swallowtail SSA report. We
sent the SSA report to seven independent peer reviewers and received
four responses. Results of this structured peer review process can be
found at Docket No. FWS-HQ-ES-2023-0067 on https://www.regulations.gov.
In preparing this proposed rule, we incorporated the results of these
reviews, as appropriate, into the SSA report, which is the foundation
for this proposed rule.
Summary of Peer Reviewer Comments
As discussed in Peer Review above, we received comments from four
peer reviewers on the draft SSA report. We reviewed all comments we
received from the peer reviewers for substantive issues and new
information regarding the information contained in the SSA report. The
peer reviewers generally concurred with our methods and conclusions,
and provided additional information, clarification, and suggestions,
including updates to the taxonomy of Eurytides, clarifications in
terminology, discussion of uncertainty, and other editorial
suggestions.
One peer reviewer suggested we inappropriately based our
distribution area estimates for the three species on alfa hull
polygons, spatial polygons used to represent a geographic location, and
that our map suggests occurrences outside the distribution of the three
species. The estimated ranges were based on data from the International
Union for Conservation of Nature and Natural Resources (IUCN) and
Sistema de Avalia[ccedil][atilde]o do Risco de Extin[ccedil][atilde]o
da Biodiversidade (SALVE) and were not estimated using alfa hull
polygons. We clarified the language in the SSA report and added details
to the uncertainty discussion to address these concerns. Two peer
reviewers also noted new occurrence records for the Fluminense and
Harris' mimic swallowtails, but they were unable to provide further
specifics at this time because the data are under restricted use. We
incorporated the information on these new occurrence records into the
text of the SSA report, but without details on the exact location,
size, or condition of the new occurrence records, we were unable to
incorporate them into the habitat analyses in the SSA report. In the
SSA report, we also considered how this added uncertainty could lead to
either over or under estimation in the resiliency, redundancy, and
representation of the species. Otherwise, no substantive changes to our
analysis and conclusions within the SSA report were deemed necessary,
and peer reviewer comments are addressed in the SSA report (Service
2023, entire).
Background
Taxonomy and Physical Description
The Fluminense swallowtail, Harris' mimic swallowtail, and Hahnel's
Amazonian swallowtail are all butterflies belonging to the Papilonidae
family. The Fluminense swallowtail (Parides ascanius) and Hahnel's
Amazonian swallowtail (Parides hahneli) are both full species in the
multi-species genus Parides (Tyler, Hamilton A., Brown, and Wilson
1994, pp. 179, 185; Racheli and Olmisani 1998, p. 126; Racheli, Bauer,
and Frankenbach 2006, pp. 73, 77; B[aacute]nki et al. 2022,
unpaginated). The Harris's mimic swallowtail, Eurytides (=Mimoides or
Graphium) lysithous harrisianus (Swainson 1822), is a subspecies of E.
(=M.) lysithous (D'Abrera 1981 and D'Almeida 1966 as cited in Collins
and Morris 1985, p. 208; Zhang et al. 2019, p. 3).
All three swallowtails are endemic to Brazil. The Fluminense
swallowtail butterfly is a black-white-and-red swallowtail with a 45-
millimeter (mm) (1.77-inch (in)) wingspan (Otero and Brown 1984, p. 2).
Mimicking the Fluminense swallowtail, Harris' mimic swallowtail is a
similar-looking medium-sized black-white-and-red swallowtail with
narrow and relatively short tails (Collins and Morris 1985, p. 208).
Hahnel's Amazonian swallowtail is a large black-and-yellow butterfly
with a wingspan of 80-100 mm (3.14-3.93 in) (Collins and Morris 1985,
p. 242).
Fluminense Swallowtail Ecology
The Fluminense swallowtail, endemic to sand forests or
``restingas,'' currently occupies an estimated 36 to 288 square
kilometers (km\2\) of sparse habitat fragments across the swampy
coastal forests of Rio de Janeiro state and the southern part of
Esp[iacute]rito Santo state (Soares et al. 2011, p. 69; Seraphim et al.
2016, p. 534; H. Grice et al. 2019b, p. 2; Almeida 2023, unpaginated;
Brant 2023, pers. comm.; Rosa, Ribeiro, and Freitas 2023, p. 8). Larvae
feed exclusively on pipevine (also known as Dutchman's pipe)
(Aristolochia trilobata), which grows primarily in rich, wet soils and
is endemic to restinga habitats (Almeida 2015a, unpaginated; Seraphim
et al. 2016, p. 534). Adult Fluminense swallowtails have been
documented to feed on over 30 flowering plant species of more than 12
families (Almeida 2015a, unpaginated).
The Fluminense swallowtail typically has six generations per year
and develops from egg to adult in approximately 50-58 days, with adult
male life expectancy averaging 12.3 days (Otero and Brown 1984, pp. 5-
6, 8-9; Herkenhoff et al. 2013, pp. 29-32; Almeida 2015b, p. 387).
Adult males can travel distances of 400 to 1,000 meters (m) but are not
found above 60 m of altitude (Soares et al. 2011, p. 69; Herkenhoff et
al. 2013, pp. 29, 32; Seraphim et al. 2016, p. 544).
Fluminense swallowtails are known to have a sparse distribution
throughout their range; sex ratios are male-dominated; and population
numbers increase in the austral spring, peaking in October, correlated
with warmer temperatures and lower relative humidity (Herkenhoff et al.
2013, p. 32; dos Santos Pereira et al. 2020, pp. 371-372). The
Fluminense swallowtail currently occupies at least eight sites in the
state of Rio de Janeiro where the species exhibits a metapopulation
structure (a group of separate subpopulations that has some level of
mixing) (Seraphim et al. 2016, pp. 534, 544). The species has also
recently been seen in the southern part of the state of Esp[iacute]rito
Santo, but records of this occurrence are not yet published (Brant
2023, unpaginated). There has been a continual decline in both the
number of subpopulations as well as the numbers of individuals within
each subpopulation, but there are no current total population estimates
(Seraphim et al. 2016, p. 535; Almeida 2017, unpaginated; H. Grice et
al. 2019b, p. 4).
Harris' Mimic Swallowtail Ecology
The Harris' mimic swallowtail currently occupies approximately 96
km\2\ in Rio de Janeiro city, Barra de S[atilde]o Jo[atilde]o,
Po[ccedil]o das Antas Biological Reserve, Jurubatiba National Park, and
possibly near Vit[oacute]ria City in Esp[iacute]rito Santo state. In
these areas, the Harris' mimic swallowtail inhabits sand-forest
habitats composed of mixed dense and open vegetation adjacent to and in
the lowland restinga swamps and in sandy flats above the tidal margins
of the coastal Atlantic Forest (Otero and Brown, 1984, p. 10; Collins
and Morris 1985, p. 209; Tyler, Hamilton A., Brown, and Wilson 1994, p.
179; Brown, Jr. 2004, pers. comm.; Monteiro et al. 2004, entire; Brant
2023, pers. comm.; Rosa, Ribeiro, and Freitas 2023, p. 8).
Harris' mimic swallowtail feeds on several plant species in the
larval stage, and adults feed on nectar from flowering plants (Collins
and Morris 1985, p. 209; Tyler, Hamilton A., Brown, and Wilson 1994, p.
179; Xerces Society 2006, unpaginated). The Harris'
[[Page 48417]]
mimic swallowtail has one brood per year, and individuals can remain in
the pupal stage for 9 months to a year (Collins and Morris 1985, p.
209; Tyler, Hamilton A., Brown, and Wilson 1994, p. 179; Almeida 2015a,
unpaginated). The adult flight season is from September to February,
and flight activity is strongly associated with high humidity and
sunshine (Collins and Morris 1985, p. 209).
Population ecology data are limited for Harris' mimic swallowtail.
While new and unpublished information indicates there may be more
colonies that have recently been discovered, the current best available
information indicates there are only five known colonies of the
subspecies, with abundance estimates for only one site from the early
2000s (Tyler, Hamilton A., Brown, and Wilson 1994, p. 179; Brown, Jr.
2004, pers. comm.; Monteiro et al. 2004, entire; Almeida 2015a,
unpaginated; Brant 2023, pers. comm.). Information on sex ratio,
population structure, and total population size are unknown, but the
best available information indicates the total population size is
decreasing due to ongoing habitat loss and degradation.
Hahnel's Amazonian Swallowtail Ecology
Hahnel's Amazonian swallowtail is very rare with a patchy
distribution, inhabiting old sand strips (i.e., stranded beaches) in
remote regions along the tributaries of the middle and lower Amazon
River basin in the states of Amazonas and Par[aacute] (Brown in litt.
1982, as cited in Collins and Morris 1985, p. 242; New and Collins
1991, p. 29; Tyler, Hamilton A., Brown, and Wilson 1994, p. 178;
Racheli, Bauer, and Frankenbach 2006, p. 77; H. Grice et al. 2019c, p.
4). Hahnel's Amazonian swallowtail's location records span a wide
range, and, due to lack of recent surveys, it is unknown whether the
species persists in these locations (Brown, Jr. 2004, pers. comm.; H.
Grice et al. 2019c, p. 2).
Due to its extremely low densities and occurrence in remote
regions, there is very limited information on the ecology, population
size, population trends, or sex ratio of Hahnel's Amazonian
swallowtail. We are unaware of any information on the number of
generations per year, life span, or duration of each life stage for
this species. The species likely feeds on only one or a few larval host
plants, and while it has not been identified to species, it is believed
to be in the Dutchman's pipe genus, either Aristolochia lanceolato-
lorato or A. acutifolia (Collins and Morris 1985, p. 242; Tyler,
Hamilton A., Brown, and Wilson 1994, p. 337; Racheli, Bauer, and
Frankenbach 2006, p. 13). Like other swallowtail butterflies, it has
been seen flying high, at or above the canopy (Brown, Jr. 2004, pers.
comm.). The species is known to have a linear and patchy distribution,
which might limit gene flow (Collins and Morris 1985, p. 242; H. Grice
et al. 2019c, p. 4).
A thorough review of the taxonomy, life history, and ecology of the
Fluminense, Harris' mimic, and Hahnel's Amazonian swallowtails is
presented in the SSA report (Service 2023, pp. 1-11).
Regulatory and Analytical Framework
Regulatory Framework
Section 4 of the Act (16 U.S.C. 1533) and the implementing
regulations in title 50 of the Code of Federal Regulations set forth
the procedures for determining whether a species is an endangered
species or a threatened species, issuing protective regulations for
threatened species, and designating critical habitat for endangered and
threatened species. In 2019, jointly with the National Marine Fisheries
Service, the Service issued a final rule that revised the regulations
in 50 CFR part 424 regarding how we add, remove, and reclassify
endangered and threatened species and the criteria for designating
listed species' critical habitat (84 FR 45020; August 27, 2019). On the
same day, the Service also issued final regulations that, for species
listed as threatened species after September 26, 2019, no longer
automatically applied the prohibitions that section 9 of the Act
applies to endangered species (84 FR 44753; August 27, 2019).
The Act defines an ``endangered species'' as a species that is in
danger of extinction throughout all or a significant portion of its
range, and a ``threatened species'' as a species that is likely to
become an endangered species within the foreseeable future throughout
all or a significant portion of its range. The Act requires that we
determine whether any species is an endangered species or a threatened
species because of any of the following factors:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects.
We use the term ``threat'' to refer in general to actions or
conditions that are known to or are reasonably likely to negatively
affect individuals of a species. The term ``threat'' includes actions
or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition or the action or condition itself.
However, the mere identification of any threat(s) does not
necessarily mean that the species meets the statutory definition of an
``endangered species'' or a ``threatened species.'' In determining
whether a species meets either definition, we must evaluate all
identified threats by considering the species' expected response and
the effects of the threats--in light of those actions and conditions
that will ameliorate the threats--on an individual, population, and
species level. We evaluate each threat and its expected effects on the
species, then analyze the cumulative effect of all of the threats on
the species as a whole. We also consider the cumulative effect of the
threats in light of those actions and conditions that will have
positive effects on the species, such as any existing regulatory
mechanisms or conservation efforts. The Secretary determines whether
the species meets the definition of an ``endangered species'' or a
``threatened species'' only after conducting this cumulative analysis
and describing the expected effect on the species now and in the
foreseeable future.
The Act does not define the term ``foreseeable future,'' which
appears in the statutory definition of ``threatened species.'' Our
implementing regulations at 50 CFR 424.11(d) set forth a framework for
evaluating the foreseeable future on a case-by-case basis. The term
``foreseeable future'' extends only so far into the future as we can
reasonably determine that both the future threats and the species'
responses to those threats are likely. In other words, the foreseeable
future is the period of time in which we can make reliable predictions.
``Reliable'' does not mean ``certain''; it means sufficient to provide
[[Page 48418]]
a reasonable degree of confidence in the prediction. Thus, a prediction
is reliable if it is reasonable to depend on it when making decisions.
It is not always possible or necessary to define the foreseeable
future as a particular number of years. Analysis of the foreseeable
future uses the best scientific and commercial data available and
should consider the timeframes applicable to the relevant threats and
to the species' likely responses to those threats in view of its life-
history characteristics. Data that are typically relevant to assessing
the species' biological response include species-specific factors such
as lifespan, reproductive rates or productivity, certain behaviors, and
other demographic factors.
Analytical Framework
The SSA report documents the results of our comprehensive
biological review of the best scientific and commercial data regarding
the status of the species, including an assessment of the potential
threats to the species. The SSA report does not represent our decision
on whether the species should be proposed for listing as an endangered
or threatened species under the Act. However, it does provide the
scientific basis that informs our regulatory decisions, which involve
the further application of standards within the Act and its
implementing regulations and policies.
To assess the Fluminense, Harris' mimic, and Hahnel's Amazonian
swallowtails' viability, we used the three conservation biology
principles of resiliency, redundancy, and representation (Shaffer and
Stein 2000, pp. 306-310). Briefly, resiliency is the ability of the
species to withstand environmental and demographic stochasticity (for
example, wet or dry, warm or cold years), redundancy is the ability of
the species to withstand catastrophic events (for example, droughts,
large pollution events), and representation is the ability of the
species to adapt to both near-term and long-term changes in its
physical and biological environment (for example, climate conditions,
pathogens). In general, species viability will increase with increases
in (or decrease with decreases in) resiliency, redundancy, and
representation (Smith et al. 2018, p. 306). Using these principles, we
identified the species' ecological requirements for survival and
reproduction at the individual, population, and species levels, and
described the beneficial and risk factors influencing the species'
viability.
The SSA process can be categorized into three sequential stages.
During the first stage, we evaluated the individual species' life-
history needs. The next stage involved an assessment of the historical
and current condition of the species' demographics and habitat
characteristics, including an explanation of how each of these species
arrived at its current condition. The final stage of the SSA involved
making predictions about the species' responses to positive and
negative environmental and anthropogenic influences. Throughout all of
these stages, we used the best available information to characterize
viability as the ability of a species to sustain populations in the
wild over time. We use this information to inform our regulatory
decision.
The following is a summary of the key results and conclusions from
the SSA report; the full SSA report can be found at Docket No. FWS-HQ-
ES-2023-0067 on https://www.regulations.gov.
Summary of Biological Status and Threats
In this discussion, we review the biological condition of each of
these three species and their resources, and the threats that influence
the species' current and future conditions, in order to assess the
species' overall viability and the risks to that viability.
Species Needs
Based on each species' biology described above (see discussion
under Background) and in the SSA report (Service 2023, pp. 1-11), the
three Brazilian swallowtails all need sufficient quantity, quality, and
connectivity of their respective specialized habitats; host plants for
larval development and food sources; an abundance of flowering plants
for nectar sources for the adult butterflies; and like most species,
sufficient conspecific individuals to find a mate. Owing to the limited
data available, our assessment of species-level needs is developed
further based on general principles as they apply to butterfly biology.
Butterfly viability is fostered--and thereby extinction risk
reduced--by having multiple, connected demographically and genetically
robust populations distributed widely across heterogeneous
environmental conditions (referred to as spatial heterogeneity) and the
breadth of diversity (genetic, morphological, physiological, and
ecological variation). Spatial heterogeneity fosters asynchronous
fluctuations among populations, guarding against concurrent population
declines. Maintaining historical patterns and levels of gene flow
maintains genetic health (increases heterozygosity), while continued
connectivity allows for demographic rescue following population decline
or extirpation and supports dispersal in response to shifting
conditions. Gene flow and spatial heterogeneity also support continuing
adaptive responses, as does conserving genetic diversity across the
landscape. Conversely, butterfly species composed of reduced or
isolated populations are vulnerable to genetic drift and have reduced
adaptive capacity, or the ability to respond to (i.e., cope with,
accommodate, or evolve in response to) environmental change (Forester
et al. 2022, p. 507). Habitat loss, degradation, and fragmentation are
the main factors that affect all three species' viability throughout
their ranges, with additional impacts from climate change, fire, and
capture. The Fluminense swallowtail's viability is further impacted by
parasitism.
Habitat Loss and Degradation
Habitat loss and degradation is the primary factor negatively
impacting the three Brazilian swallowtails, with all species
experiencing high levels of deforestation in their ranges (Collins and
Morris 1985, pp. 22, 67, 152, 209, 242; Tyler, Hamilton A., Brown, and
Wilson 1994, p. 179; Brown, Jr. 1996, pp. 45-46, 52, 57; Seraphim et
al. 2016, p. 534). The Fluminense and Harris' mimic swallowtails both
occupy the Atlantic Forest, which has experienced an estimated 88 to 95
percent deforestation, and the remaining tracts of its habitat are
severely fragmented (Saatchi et al. 2001, p. 868; Monteiro et al. 2004,
p. 786; Tabarelli et al. 2005, p. 695; Ribeiro et al. 2009, pp. 1141-
1145). Within the Atlantic Forest, the highly specialized restinga
habitat required by the Fluminense and Harris' mimic swallowtails only
comprises 0.4 percent of its historical distribution, and the remaining
patches of restinga habitat are under strong pressure from
anthropogenic disturbance (Otero and Brown 1984, pp. 3-6, 10-12; Brown,
Jr. 2004, pers. comm.; Rocha et al. 2007, entire; Uehara-Prado and
Fonseca 2007, pp. 264-266). The states of Par[aacute] and Amazonas,
where the Hahnel's Amazonian swallowtail occurs, have also experienced
and are continuing to experience high rates of deforestation, losing 66
percent and 11 percent of forests, respectively, over less than three
decades (Soares-Filho et al. 2006, p. 250; The Economist 2013,
unpaginated; Fraser 2015, unpaginated; Instituto Nacional de Pesquisas
Espaciais (INPE) 2017, unpaginated). Considering the life
[[Page 48419]]
history and biology of all three swallowtails, increased and ongoing
habitat loss and deforestation has and is continuing to decrease their
viability throughout their ranges due to their specialized habitat
requirements and patchy distributions.
Climate Change
Across Brazil, climate change is expected to increase temperatures
and alter precipitation patterns as well as increase heatwaves and the
length of the dry season in the Amazon (The World Bank Group 2021,
unpaginated). Studies of butterflies in other fragmented tropical
landscapes indicate an adverse effect on species richness as a result
of altered precipitation patterns (Shuey 2022, pers. comm). As
progressing global climate change increases storm surge and causes sea
level to rise (Intergovernmental Panel on Climate Change (IPCC) 2022,
pp. 6-13), the extent of the Fluminense and Harris' mimic swallowtails'
habitats are projected to be further reduced. Given the narrow
distribution and habitat fragmentation of all three of these Brazilian
swallowtails, coupled with reliance on specialized habitat, they are
likely to be increasingly susceptible to negative impacts from climatic
changes with limited adaptive capacity (Bellaver et al. 2022, p. 654).
Fire
Fire is another factor impacting all three swallowtails' viability.
The Poco das Antas Biological Reserve, a large reserve where both the
Fluminense and Harris' mimic swallowtails occur, has experienced
frequent fire since the 1980s following drainage and damming projects
in the region (Herkenhoff et al. 2013, p. 29; Sansevero et al. 2020, p.
32). Regarding the Hahnel's Amazonian swallowtail, fire in the Amazon
has increased in recent years and is correlated with increased
deforestation (Silveira et al. 2020, entire; 2022, entire). Fire has
and will likely continue to cause habitat fragmentation and reduce the
availability of specialized habitat for the three swallowtails.
Capture
Rare butterflies and moths are highly prized by collectors, and all
three swallowtails have been collected and sold internationally
(Collins and Morris 1985, pp. 155-179; Morris et al. 1991, pp. 332-334;
Williams 1996, entire). Despite some protections under Brazilian and
European laws, monitoring the trade of insects is difficult and these
existing regulations have minimal impact on regulating trade or
collection (H. Grice et al. 2019a, p. 4; 2019b, p. 4; 2019c, p. 4).
Both the Fluminense and Harris' mimic swallowtail occur near urban
areas, increasing opportunity and ease of capture (Brown, Jr. 2004,
pers. comm.). Additionally, species such as these three swallowtails
with restricted distributions or localized populations tend to be more
vulnerable to overcollection than those with a wider distribution
(Brown, Jr. 2004, pers. comm.).
Parasitism
Parasitism has been identified as another stressor of the
Fluminense swallowtail, with several parasites known to target the
species and some colonies experiencing annual patterns of parasitism
(Tavares, Navarro-Tavares, and Almeida, 2006, entire; Almeida 2015b, p.
388; 2017, pers. comm.). While impacts of parasitism on the species are
unknown, parasitism and subsequent mortality of early life stages could
potentially contribute to local extirpations of the remaining small,
fragmented subpopulations.
Conservation Efforts and Regulatory Mechanisms
Our evaluation of the status of the species takes into account the
extent to which threats are reduced or removed as a result of
conservation efforts or existing regulatory mechanisms.
All three swallowtails are afforded some protections under
Brazilian and international laws, including Brazilian environmental
laws for endangered species (Fluminense and Harris' mimic
swallowtails), protections in the state of Par[aacute] through its list
of threatened species (Hahnel's Amazonian swallowtail), and inclusion
in Annex B of the European Union (EU) Wildlife Trade Regulations
(Fluminense and Hahnel's Amazonian swallowtails) (Snt'Anna, Rabinovici
and Spitzeck 2016, unpaginated; European Commission 2017, p. 802;
Biodiversidade 2022, unpaginated). However, due to the difficulty in
monitoring the insect trade, these existing regulations have minimal
impact, and none of the three swallowtails is listed in the Appendices
to the Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES) (H. Grice et al. 2019a, p. 4; 2019b, p. 4;
2019c, p. 4).
Habitat protection is generally lacking for all three swallowtails,
although there is some overlap of protected areas in the Fluminense and
Harris' mimic swallowtails' ranges. While most extant subpopulations of
the Fluminense swallowtail exist outside protected areas, it is
afforded some protection where it occurs in small municipal parks and
conservation units as well as in one protected reserve, Po[ccedil]o das
Antas Biological Reserve (Seraphim et al. 2016, p. 536; Almeida 2017,
pers. comm.). The Harris' mimic swallowtail also is afforded some
protections from conservation units and the Po[ccedil]o das Antas
Biological Reserve, in addition to occupying Jurubatiba National Park,
which holds the largest remaining remnant of restinga habitat (Critical
Ecosystem Partnership Fund (CEPF) 2001, p. 9; Rocha et al. 2007, pp.
263-269). While some habitat protections are in place in known
occurrence locations for the Fluminense and Harris' mimic swallowtail,
they occupy a highly urbanized matrix undergoing continuing development
pressures (International Finance Corporation (IFC) 2002, entire; Khalip
2007, unpaginated). It is unknown if the Hahnel's Amazonian swallowtail
currently occurs in any protected areas, but limited resources for
conservation application minimize effectiveness of protected areas in
the Amazon (Collins and Morris 1985, p. 234; Laurance and Williamson
2001, p. 1533; H. Grice et al. 2019c, p. 4).
Captive-reared Fluminense swallowtails were released over several
years throughout the city of Rio de Janeiro in an attempt to increase
subpopulation sizes and genetic diversity, but there was limited post-
release monitoring to determine the success of this effort (Instituto
Chico Mendes De Conserva[ccedil][atilde]o Da Biodiversidade (ICMBio)
2007, pp. 82-89; Almeida 2017, pers. comm.; Monteiro 2017, pers.
comm.). Captive rearing may be reinitiated in the future, but it is
unclear when or how effective it might be at conserving the species
(Almeida 2017, pers. comm.). There are no known captive rearing efforts
for the Harris' mimic swallowtail nor for the Hahnel's Amazonian
swallowtail.
Current Condition: Fluminense Swallowtail
The best available scientific and commercial data indicate the
Fluminense swallowtail is a narrow endemic with low genetic diversity
composed of a single metapopulation that occupies an estimated 36 to
288 km\2\ (Tyler, Hamilton A., Brown, and Wilson 1994, p. 179; Seraphim
et al. 2016, p. 534; Almeida 2017, pers. comm.). The remnant
subpopulations occur in a highly urbanized landscape undergoing
increased isolation from habitat loss, degradation, and fragmentation,
with the majority occurring in small habitat patches under high risk of
local extinction (Almeida 2015a, unpaginated; Almeida 2017,
[[Page 48420]]
pers. comm.; Seraphim et al. 2016, p. 534; Monteiro 2017, pers. comm.).
While some of the subpopulations occur in protected areas, most are
afforded limited or no protections (Soares et al. 2011, entire;
Seraphim et al. 2016, pp. 536, 544).
The Fluminense swallowtail's small and isolated colonies are at
increased risk of extirpation due to stochasticity and catastrophic
events, and although we cannot quantify the level of risk, there is
increasing vulnerability the longer they remain in this impaired
condition. The requisite restinga habitat of the Fluminense
swallowtail, once the dominant habitat type along the eastern coast of
Brazil, was reduced to less than 1 percent of its former range by 2007.
Past deforestation resulted in extirpation of multiple colonies and
fragmentation and isolation of remaining sites. Considering the severe
reduction in the specialized requisite habitat for the Fluminense
swallowtail and its reliance on a single larval host plant, the species
has limited resiliency and ability to withstand environmental and
demographic stochasticity. With only a single metapopulation and a
reduced number of subpopulations inhabiting a highly urbanized and
fragmented landscape, the Fluminense swallowtail has minimal redundancy
to safeguard against catastrophic events. Lastly, while the species is
already known to have low genetic diversity and an inherently limited
ability to adapt (owing to its specialized habitat requirements, a
single larval host plant, and a narrow climatic niche breadth), as
subpopulations are increasingly isolated from habitat loss and
fragmentation the species representation and ability to adapt to
changing and shifting environmental conditions is further constrained.
Current Condition: Harris' Mimic Swallowtail
The Harris' mimic swallowtail is a narrow endemic that occupies an
estimated 96 km\2\ across approximately six sites in the state of Rio
de Janeiro and possibly one site in the state of Esp[iacute]rito Santo
(Collins and Morris 1985, p. 208; Tyler, Hamilton A., Brown, and Wilson
1994, p. 179; Brown, Jr. 2004, pers. comm.; Monteiro et al. 2004, p.
153; Almeida 2015a, unpaginated; H. Grice et al. 2019a, p. 2; Brant
2023, pers. comm.; Rosa, Ribeiro, and Freitas 2023, p. 8). There are no
current population estimates for any of these sites, and whether
Harris' mimic swallowtail still occurs in these locations is uncertain.
Two colonies in the City of Rio de Janeiro occur in small patches of
vegetation possibly under high risk of local extirpation, and recent
observations are scarce of the colony in Barra de S[atilde]o
Jo[atilde]o, which was previously characterized as vigorous and stable
(Tyler, Hamilton A., Brown, and Wilson 1994, p. 179; Brown, Jr. 2004,
pers. comm.; Almeida 2015a, unpaginated; H. Grice et al. 2019a, p. 2).
By the early 2000s, the restinga habitat was reduced to only 0.4
percent of its historical distribution with restinga remnants already
generally small and surrounded by areas undergoing rapid urbanization
or already urbanized (Ribeiro et al. 2009, as cited in Seraphim et al.
2016, p. 534; Rocha et al. 2007, pp. 263, 265). This severely reduced
habitat has continued to decline. Over the last 20 years, there was an
estimated 2.14 percent forest loss in the Harris' mimic swallowtail's
remaining range, and at times protected areas experienced higher rates
of deforestation than outside protected areas (Service 2023, p. 21).
In the absence of historical or current population data, the large
quantities of habitat loss seen in the range of the Harris' mimic
swallowtail suggest the population has likely experienced comparable
declines in size. The subspecies has been extirpated from portions of
its historical range and in its once strongest colony it now appears to
be scarce. While the Harris' mimic swallowtail occupies two protected
areas of intact restinga habitat, has some diversity in habitat types
used, and has larva that feeds on multiple host plants, its extent of
occurrence is severely reduced and is within a highly urbanized
landscape, limiting the subspecies' resiliency and ability to withstand
environmental and demographic stochasticity. The subspecies reliance on
a severely reduced specialized habitat in a highly urbanized and
fragmented landscape with only a few known colonies, indicates the
Harris' mimic swallowtail has limited redundancy to safeguard against
catastrophic events. Finally, the highly urbanized and fragmented
landscape the Harris' mimic swallowtail inhabits likely limits
migration and gene flow between colonies, which coupled with the
subspecies' reliance on specialized habitat, hinders the Harris' mimic
swallowtails' representation and leaves it vulnerable to changing and
shifting environmental conditions.
Current Condition: Hahnel's Amazonian Swallowtail
The Hahnel's Amazonian swallowtail has an estimated extent of
occurrence of 189,015 km\2\, has an unknown area of occupancy, and is
known from a linear and patchy distribution along the tributaries of
the middle and lower Amazon River basin (Collins and Morris 1985, p.
242; New and Collins 1991, p. 29; Tyler, Hamilton A., Brown, and Wilson
1994, p. 178; Racheli, Bauer, and Frankenbach 2006, p. 77; H. Grice et
al. 2019c, p. 2). The species is known to be scarce; however, even when
rarity is natural, rarer species are at higher risk of extinction than
those that are common (Flather and Sieg 2007, entire; Johnson 1998,
entire).
Regions where the Hahnel's Amazonian swallowtail was previously
known to occur have experienced continued and increasing rates of
deforestation (H. Grice et al. 2019a, p. 4). From 2000-2020, there was
5.65 percent forest cover loss in the range of the Hahnel's Amazonian
swallowtail, and there were similar trends in forest loss between
protected areas and non-protected areas (Service 2023, p. 24). While
there remains about 85 percent of forest cover in the species' known
extent of occurrence, the species is inherently rare, restricted to a
highly specialized habitat, and likely has only a single larval host
plant, which limits the species' resiliency and ability to withstand
environmental and demographic stochasticity. While the large extent of
occurrence provides some level of redundancy to safeguard against
catastrophic events, the species has only been found in a few
locations, suggesting that localized extirpations from habitat loss or
other factors would likely be detrimental to the species. Finally,
considering the species' scarcity and patchy linear distribution, there
is also likely little gene flow between populations, limiting the
species' representation and making it vulnerable to changing and
shifting environmental conditions.
Future Scenarios and Cumulative Effects
As part of the SSA report, we developed future-condition scenarios
to capture the range of uncertainties regarding future threats and the
projected responses by the Fluminense, Harris' mimic, and Hahnel's
Amazonian swallowtails. Our future scenarios reflect the conclusion
from our analysis that the primary factor influencing the future
viability of all three of these swallowtails is habitat loss and
degradation resulting from: (1) deforestation from land-use change and
urbanization, and (2) climate-change impacts on the species' climatic
niche breadths and habitat availability. The best available information
indicates that all three swallowtails' populations and distributions
will decline in the future. However, because we have determined
[[Page 48421]]
that the Fluminense, Harris' mimic, and Hahnel's Amazonian swallowtails
meet the Act's definition of endangered species based on their current
conditions (see Determination of Status for the Fluminense Swallowtail,
Harris' Mimic Swallowtail, and Hahnel's Amazonian Swallowtail, below),
we are not presenting the results of the future scenarios in this
proposed rule. Please refer to the SSA report (Service 2023, entire)
for the full analysis of future scenarios.
We note that, by using the SSA framework to guide our analysis of
the scientific information documented in the SSA report, we have
analyzed the cumulative effects of identified threats and conservation
actions on these species. To assess the current and future condition of
the species, we evaluate the effects of all the relevant factors that
may be influencing the species, including threats and conservation
efforts. Because the SSA framework considers not just the presence of
the factors, but to what degree they collectively influence risk to the
entire species, our assessment integrates the cumulative effects of the
factors and replaces a standalone cumulative effects analysis.
Determination of Status for the Fluminense Swallowtail, Harris' Mimic
Swallowtail, and Hahnel's Amazonian Swallowtail
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations (50 CFR part 424) set forth the procedures for determining
whether a species meets the definition of an endangered species or a
threatened species. The Act defines an ``endangered species'' as a
species in danger of extinction throughout all or a significant portion
of its range, and a ``threatened species'' as a species likely to
become an endangered species within the foreseeable future throughout
all or a significant portion of its range. The Act requires that we
determine whether a species meets the definition of an endangered
species or a threatened species because of any of the following
factors: (A) The present or threatened destruction, modification, or
curtailment of its habitat or range; (B) overutilization for
commercial, recreational, scientific, or educational purposes; (C)
disease or predation; (D) the inadequacy of existing regulatory
mechanisms; or (E) other natural or manmade factors affecting its
continued existence.
Status Throughout All of Its Range--Fluminense Swallowtail
After evaluating threats to the species and assessing the
cumulative effect of the threats under the Act's section 4(a)(1)
factors, we determined that the Fluminense swallowtail's distribution
and population have been reduced across its range as evidenced by the
extensive loss and degradation of its requisite specialized habitat.
The remnant subpopulations occur in a highly urbanized landscape
undergoing increased isolation from habitat loss, degradation, and
fragmentation and consequently are at increased risk of extirpation due
to stochasticity and catastrophic events. Coupled with the species'
specialized habitat requirements, the isolation and fragmentation of
the remaining subpopulations, which make up a single metapopulation,
have left the species with insufficient resiliency, redundancy, and
representation for its continued existence to be secure.
Thus, after assessing the best scientific and commercial data
available regarding threats to the species and assessing the cumulative
effect of the threats under the Act's section 4(a)(1) factors, we
determine that the Fluminense swallowtail is in danger of extinction
throughout all of its range primarily due to historical and ongoing
habitat loss and degradation from development and urbanization (Factor
A) and the additive threat from capture (Factor B). The existing
regulatory mechanisms and other conservation measures are inadequate to
address the identified threats to the species (Factor D). The species
does not fit the statutory definition of a threatened species because
it is currently in danger of extinction, whereas threatened species are
those likely to become in danger of extinction within the foreseeable
future.
Status Throughout All of Its Range--Harris' Mimic Swallowtail
After evaluating threats to the species and assessing the
cumulative effect of the threats under the Act's section 4(a)(1)
factors, we determined the Harris' mimic swallowtail's distribution and
population have been reduced across its range as evidenced by the
extensive loss and degradation of its requisite specialized habitat.
The remnant colonies occur in a highly urbanized landscape undergoing
increased isolation from habitat loss, degradation, and fragmentation
and consequently are at increased risk of extirpation due to
stochasticity and catastrophic events. Coupled with the species'
specialized habitat requirements, the isolation and fragmentation of
the remaining colonies have left the subspecies with insufficient
resiliency, redundancy, and representation for its continued existence
to be secure.
Thus, after assessing the best scientific and commercial data
available regarding threats to the species and assessing the cumulative
effect of the threats under the Act's section 4(a)(1) factors, we
determine that the Harris' mimic swallowtail is in danger of extinction
throughout all of its range due to historical and ongoing habitat loss
and degradation from anthropogenic activities (Factor A) and the
additive threat from capture (Factor B). The existing regulatory
mechanisms and other conservation measures are inadequate to address
the identified threats to the species (Factor D). The species does not
fit the statutory definition of a threatened species because it is
currently in danger of extinction, whereas threatened species are those
likely to become in danger of extinction within the foreseeable future.
Status Throughout All of Its Range--Hahnel's Amazonian Swallowtail
After evaluating threats to the species and assessing the
cumulative effect of the threats under the Act's section 4(a)(1)
factors, we determined that the viability of the Hahnel's Amazonian
swallowtail is limited as a result of extensive habitat loss and
degradation coupled with the species' rarity and patchy distribution.
The species is inherently rare, is restricted to a highly specialized
habitat, and likely has only a single larval host plant, which, when
coupled with habitat loss and degradation, makes it vulnerable to
changing and shifting environmental conditions and catastrophic events,
and has left the species with insufficient resiliency, redundancy, and
representation for the species' continued existence to be secure.
Thus, after assessing the best scientific and commercial data
available regarding threats to the species and assessing the cumulative
effect of the threats under the Act's section 4(a)(1) factors, we
determine that the Hahnel's Amazonian swallowtail is in danger of
extinction throughout all of its range primarily due to ongoing and
increasing habitat loss and degradation from deforestation and fire
(Factor A) and the additive threat from capture (Factor B). The
existing regulatory mechanisms and other conservation measures are
inadequate to address the identified threats to the species (Factor D).
The species does not fit the statutory definition of a threatened
species because it is currently in danger of extinction, whereas
threatened species are those likely to become in danger of extinction
within the foreseeable future.
[[Page 48422]]
Status Throughout a Significant Portion of Their Ranges
Under the Act and our implementing regulations, a species may
warrant listing if it is in danger of extinction or likely to become so
in the foreseeable future throughout all or a significant portion of
its range. We have determined that the Fluminense swallowtail, Harris'
mimic swallowtail, and Hahnel's Amazonian swallowtail are in danger of
extinction throughout all of their ranges and accordingly did not
undertake an analysis of any significant portion of their ranges.
Because the Fluminense swallowtail, Harris' mimic swallowtail, and
Hahnel's Amazonian swallowtail warrant listing as endangered throughout
all of their ranges, our determination does not conflict with the
decision in Center for Biological Diversity v. Everson, 435 F. Supp. 3d
69 (D.D.C. 2020), which vacated the provision of the Final Policy on
Interpretation of the Phrase ``Significant Portion of Its Range'' in
the Endangered Species Act's Definitions of ``Endangered Species'' and
``Threatened Species'' (79 FR 37578; July 1, 2014) providing that if
the Service determines that a species is threatened throughout all of
its range, the Service will not analyze whether the species is
endangered in a significant portion of its range.
Fluminense Swallowtail, Harris' Mimic Swallowtail, and Hahnel's
Amazonian Swallowtail--Determination of Status
Our review of the best available scientific and commercial
information indicates that the Fluminense swallowtail, Harris' mimic
swallowtail, and Hahnel's Amazonian swallowtail meet the Act's
definition of endangered species. Therefore, we propose to list the
Fluminense swallowtail, Harris' mimic swallowtail, and Hahnel's
Amazonian swallowtail as endangered species in accordance with sections
3(6) and 4(a)(1) of the Act.
Available Conservation Measures
The purposes of the Act are to provide a means whereby the
ecosystems upon which endangered species and threatened species depend
may be conserved, to provide a program for the conservation of such
endangered species and threatened species, and to take such steps as
may be appropriate to achieve the purposes of the treaties and
conventions set forth in the Act. Under the Act, a number of steps are
available to advance the conservation of species listed as endangered
or threatened species. As explained further below, these conservation
measures include: (1) recognition, (2) recovery actions, (3)
requirements for Federal protection, (4) financial assistance for
conservation programs, and (5) prohibitions against certain activities.
Recognition through listing results in public awareness, as well as
in conservation by Federal, State, Tribal, and local agencies, foreign
governments, private organizations, and individuals. The Act encourages
cooperation with the States and other countries and calls for recovery
actions to be carried out for listed species.
Section 7 of the Act is titled, ``Interagency Cooperation,'' and it
mandates all Federal action agencies to use their existing authorities
to further the conservation purposes of the Act and to ensure that
their actions are not likely to jeopardize the continued existence of
listed species or adversely modify critical habitat. Regulations
implementing section 7 are codified at 50 CFR part 402.
Section 7(a)(2) states that each Federal action agency shall, in
consultation with the Secretary, ensure that any action they authorize,
fund, or carry out is not likely to jeopardize the continued existence
of a listed species or result in the destruction or adverse
modification of designated critical habitat.
A Federal ``action'' that is subject to the consultation provisions
of section 7(a)(2) is defined in our implementing regulations at 50 CFR
402.02 as all activities or programs of any kind authorized, funded, or
carried out, in whole or in part, by Federal agencies in the United
States or upon the high seas. With respect to the Fluminense
swallowtail, Harris' mimic swallowtail, and Hahnel's Amazonian
swallowtail, no known actions would require consultation under section
7(a)(2) of the Act. Given the regulatory definition of ``action,''
which clarifies that it applies to activities or programs ``in the
United States or upon the high seas,'' the Fluminense swallowtail,
Harris' mimic swallowtail, and Hahnel's Amazonian swallowtail are
unlikely to be the subject of section 7 consultations, because the
entire life cycles of these species occur in terrestrial areas outside
of the United States and are unlikely to be affected by U.S. Federal
actions. Additionally, no critical habitat will be designated for these
species because, under 50 CFR 424.12(g), we will not designate critical
habitat within foreign countries or in other areas outside of the
jurisdiction of the United States.
Section 8(a) of the Act (16 U.S.C. 1537(a)) authorizes the
provision of limited financial assistance for the development and
management of programs that the Secretary of the Interior determines to
be necessary or useful for the conservation of endangered or threatened
species in foreign countries. Sections 8(b) and 8(c) of the Act (16
U.S.C. 1537(b) and (c)) authorize the Secretary to encourage
conservation programs for foreign listed species, and to provide
assistance for such programs, in the form of personnel and the training
of personnel.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to endangered wildlife.
The prohibitions of section 9(a)(1) of the Act, and implementing
regulations codified at 50 CFR 17.21, make it illegal for any person
subject to the jurisdiction of the United States to commit, to attempt
to commit, to solicit another to commit or to cause to be committed any
of the following acts with regard to any endangered wildlife: (1)
import into, or export from, the United States; (2) take (which
includes harass, harm, pursue, hunt, shoot, wound, kill, trap, capture,
or collect, or to attempt to engage in any such conduct) within the
United States, within the territorial sea of the United States, or on
the high seas; (3) possess, sell, deliver, carry, transport, or ship,
by any means whatsoever, any such wildlife that has been taken
illegally; (4) deliver, receive, carry, transport, or ship in
interstate or foreign commerce, by any means whatsoever and in the
course of commercial activity; or (5) sell or offer for sale in
interstate or foreign commerce. Certain exceptions to these
prohibitions apply to employees or agents of the Service, the National
Marine Fisheries Service, other Federal land management agencies, and
State conservation agencies.
We may issue permits to carry out otherwise prohibited activities
involving endangered wildlife species under certain circumstances.
Regulations governing permits for endangered wildlife are codified at
50 CFR 17.22, and general Service permitting regulations are codified
at 50 CFR part 13. With regard to endangered wildlife, a permit may be
issued for scientific purposes, for enhancing the propagation or
survival of the species, or for take incidental to otherwise lawful
activities. The statute also contains certain exemptions from the
prohibitions, which are found in sections 9 and 10 of the Act.
The Service may also register persons subject to the jurisdiction
of the United States through its captive-bred wildlife (CBW) program if
certain established requirements are met under the CBW regulations (see
50 CFR 17.21(g)). Through a CBW registration, the Service may allow a
registrant to conduct
[[Page 48423]]
certain otherwise prohibited activities under certain circumstances to
enhance the propagation or survival of the affected species, including
take; export or re-import; delivery, receipt, carriage, transport, or
shipment in interstate or foreign commerce in the course of a
commercial activity; or sale or offer for sale in interstate or foreign
commerce. A CBW registration may authorize interstate purchase and sale
only between entities that both hold a registration for the taxon
concerned. The CBW program is available for species having a natural
geographic distribution not including any part of the United States and
other species that the Service Director has determined to be eligible
by regulation. The individual specimens must have been born in
captivity in the United States.
It is our policy, as published in the Federal Register on July 1,
1994 (59 FR 34272), to identify, to the extent known at the time a
species is listed, specific 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 a proposed
listing on proposed and ongoing activities within the range of the
species.
At this time, we are unable to identify specific activities that
would not be considered likely to result in a violation of section 9 of
the Act beyond what is already clear from the descriptions of
prohibitions or already excepted through our regulations at 50 CFR
17.21. Also, at this time, we are unable to identify specific
activities that would be considered likely to result in a violation of
section 9 of the Act beyond what is already clear from the descriptions
of the prohibitions at 50 CFR 17.21.
Applicable wildlife import/export requirements established under
the Act (16 U.S.C. 1538(d)-(f)), the Lacey Act Amendments of 1981 (16
U.S.C. 3371 et seq.), and 50 CFR part 14 must also be met for imports
and exports of the Fluminense swallowtail, Harris' mimic swallowtail,
and Hahnel's Amazonian swallowtail. Questions regarding whether
specific activities would constitute a violation of section 9 of the
Act should be directed to the Service's Division of Management
Authority ([email protected]; 703-358-2104).
Required Determinations
Clarity of the Rule
We are required by E.O.s 12866 and 12988 and by the Presidential
Memorandum of June 1, 1998, to write all rules in plain language. This
means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act (42 U.S.C. 4321 et seq.), need not be prepared
in connection with listing a species as an endangered or threatened
species under the Endangered Species Act. We published a notice
outlining our reasons for this determination in the Federal Register on
October 25, 1983 (48 FR 49244).
References Cited
A complete list of references cited in this rulemaking is available
on the internet at https://www.regulations.gov in Docket No. FWS-HQ-ES-
2023-0067 and upon request from the Branch of Delisting and Foreign
Species (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this proposed rule are the staff members of
the Fish and Wildlife Service's Species Assessment Team and the Branch
of Delisting and Foreign Species.
List of Subjects in 50 CFR part 17
Endangered and threatened species, Exports, Imports, Plants,
Reporting and recordkeeping requirements, Transportation, Wildlife.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as set forth below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless
otherwise noted.
0
2. In Sec. 17.11, in paragraph (h), amend the List of Endangered and
Threatened Wildlife by adding entries for ``Swallowtail, Fluminense'',
``Swallowtail, Hahnel's Amazonian'', and ``Swallowtail, Harris' mimic''
in alphabetical order under INSECTS to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Listing citations and
Common name Scientific name Where listed Status applicable rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Insects
* * * * * * *
Swallowtail, Fluminense......... Parides ascanius.. Wherever found.... E [Federal Register
citation when
published as a final
rule].
Swallowtail, Hahnel's Amazonian. Parides hahneli... Wherever found.... E [Federal Register
citation when
published as a final
rule].
Swallowtail, Harris' mimic...... Eurytides Wherever found.... E [Federal Register
(=Mimoides) citation when
lysithous published as a final
harrisianus. rule].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 48424]]
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-15739 Filed 7-26-23; 8:45 am]
BILLING CODE 4333-15-P