2004 Federal Register, 69 FR 70580; Centralized Library: U.S. Fish and Wildlife Service

[Federal Register: December 7, 2004 (Volume 69, Number 234)]
[Proposed Rules]
[Page 70580-70589]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de04-25]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife and Plants; 12-Month Finding
on a Petition To List Seven Foreign Species of Swallowtail Butterflies
as Threatened or Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Petition finding.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
12-month finding on a petition to list the following seven foreign
swallowtail butterflies under the Endangered Species Act: Harris' mimic
swallowtail (Eurytides lysithous harrisianus), the Jamaican kite
swallowtail (Eurytides marcellinus), the Oaxacan swallowtail (Papilio
esperanza), the Fluminese swallowtail (Parides ascanius), Hahnel's
Amazonian swallowtail (Parides hahneli), the southern tailed birdwing
(Ornithoptera meridionalis), and the Kaiser-I-Hind swallowtail
(Teinopalpus imperialis). The best available information indicates that
listing is not warranted for Papilio esperanza and Ornithoptera
meridionalis. For the remaining five species, listing is warranted but
precluded by higher-priority listing actions. Our rationale is
discussed below. We request that you submit any new information for
these species concerning status and threats whenever it becomes
available. This information will help us monitor the status of these
species and encourage their conservation.

DATES: The finding announced in this document was made on November 18,
2004. Although we are not pursuing further action on these species at
this time, we will accept new information on these species at any time.

ADDRESSES: Submit any comments, information, and questions by mail to
the Chief, Division of Scientific Authority, U.S. Fish and Wildlife
Service, 4401 N. Fairfax Drive, Room 750, Arlington, VA 22203; or by
fax to 703-358-2276; or by e-mail to ScientificAuthority@fws.gov.
Comments received will be available for public inspection, by
appointment, Monday through Friday from 8 a.m. to 4 p.m. at the above
address.

FOR FURTHER INFORMATION CONTACT: Robert R. Gabel, Chief, Division of
Scientific Authority, at the above address, or by telephone, 703-358-
1708; fax, 703-358-2276; or e-mail, ScientificAuthority@fws.gov.

SUPPLEMENTARY INFORMATION:

Background

Section 4(b)(3)(B) of the Endangered Species Act of 1973 (Act), as
amended (16 U.S.C. 1531 et seq.), requires that, for any petition to
revise the Lists of Endangered and Threatened Wildlife and Plants that
contains substantial scientific and commercial information, the Service
make a finding within 12 months of the date of receipt of the petition
on whether the petitioned action is (a) not warranted, (b) warranted,
or (c) warranted but

[[Page 70581]]

precluded from immediate proposal by other pending proposals of higher
priority. Pursuant to section 4(b)(3)(C)(i) of the Act, when, in
response to a petition, we find that listing a species is warranted but
precluded, we must make a new 12-month finding each year until we
publish a proposed rule or make a determination that listing is not
warranted. These subsequent 12-month findings are referred to as
``resubmitted'' petition findings.

Previous Federal Action

On January 10, 1994, the Service received a petition dated January
1, 1994, from Ms. Dee E. Warenycia to list the seven above-mentioned
species of swallowtail butterflies as threatened or endangered. As the
basis for her petition, Ms. Warenycia cited the IUCN (World
Conservation Union) Red Data Book, Threatened Swallowtail Butterflies
of the World (Collins and Morris 1985), in which these species had been
classified as Endangered, Vulnerable, or Rare. On May 10, 1994, the
Service published a 90-day finding in the Federal Register (59 FR
24117) that the petition had presented substantial information
indicating that the requested action may be warranted. In that notice,
we initiated a status review of the seven butterflies covered by the
petition, as well as 20 other butterfly taxa that were potentially of
similar concern, and requested the submission of data and other
information for preparation of a 12-month finding. This petition
finding only covers the seven butterfly species that were the subject
of the original petition. The other 20 species are potential candidate
species that must be further evaluated, but for which any further
action is currently precluded by higher-priority listing actions.

Summary of Comments and Recommendations

In response to our request for information in response to the 90-
day finding, we received 14 responses from private citizens and public
officials, both from the United States and abroad. Commenters addressed
all but two of the seven species by name; the Fluminese swallowtail and
Harris' mimic swallowtail were not specifically mentioned. One
commenter supported the listing of the Jamaican kite swallowtail; one
commenter supported the listing of the Kaiser-I-Hind swallowtail; and
the remaining commenters opposed the listing of all of the species or
the listing of specific butterflies. Species-specific information is
discussed under the relevant species, below. Three main bases for
opposition to the listing of these species were: (1) The paucity of
status information; (2) disagreement over the effects of over-
collection; and (3) an assertion that such listings impede conservation
efforts. These issues are discussed below.
1. Paucity of status information: Several commenters noted that
information in one of the references we had used (Collins and Morris
1985) is old, outdated, or not thoroughly scientific, and that the
paucity of information provides an insufficient basis for listing.
According to several swallowtail butterfly experts, the best sources of
worldwide information continue to be Collins and Morris (1985) and New
and Collins (1991), both of which were the sole sources of information
used for the 1996 IUCN species assessments (Mariano Gimenez Dixon,
Program Officer, Species Survival Commission, IUCN, pers. comm. 2004).
Indeed, as discussed in our August 16, 2000, Federal Register finding
(65 FR 49958), an IUCN designation alone does not provide sufficient
information to address the factors that we must consider under section
4(a)(1) the Act. An extensive literature search has revealed that few
recently published treatments exist for swallowtail butterflies. Most
regional works were written a decade or more ago (e.g., Brown and
Heineman 1972; Tyler et al. 1994). None of these seven species appears
in the 2003 IUCN Red List of Threatened Species (IUCN 2003) because
they have not been re-assessed against the 1997 criteria (M. Dixon,
pers. comm. 2004). There is also currently no IUCN Lepidoptera
Specialist Group. In an attempt to obtain the most current information
for this finding, the Service also solicited information from each
range country and from other domestic and international experts.
Pursuant to section 4(b)(1)(A), we have evaluated the best scientific
and commercial data available to make the determinations in this
finding.
2. Effects of over-collection: Several commenter disagreed that
over-collection of insects has a significant adverse impact and noted
that it is nearly impossible for the entirety of a species' eggs,
larvae, pupae, and adults to be collected at a given time. However,
experts generally agree that species with restricted distributions are
more apt to be affected by over-collection than those with wider
distributions. Substantive information obtained from experts and
publications on this issue has been incorporated into this assessment,
as appropriate.
3. Such listings impede conservation efforts: Some commenters
mentioned that listing might call undue attention to these rare
butterflies, would create unnecessary restrictions on marketing, would
impede further research, would provide no substantive conservation
benefit, and would hinder butterfly ranching that actually benefits
propagation and encourages local measures to protect the animals and
their habitats. While most of these points are not statutory factors
considered in listing species, we acknowledge that any substantive
information that demonstrates how these factors mitigate the status of
the species is useful, and where substantive information was provided,
it has been considered as part of the status review.

Nomenclature and Biology of the Species

The seven foreign butterfly species: Harris' mimic swallowtail, the
Jamaican kite swallowtail, the Oaxacan swallowtail, the Fluminese
swallowtail, Hahnel's Amazonian swallowtail, the southern tailed
birdwing, and the Kaiser-I-Hind swallowtail, all of which are the
subject of this petition, belong to the family Papilionidae (order
Lepidoptera). The Papilionidae are generally known as swallowtail
butterflies, or simply as swallowtails, and will herein be collectively
referred to as such. Synonyms and common names are summarized in Table
1. Nomenclature follows Morris and Collins (1985).
The Lepidoptera life cycle begins with mating. Swallowtails may
brood (i.e., produce offspring) once, twice, or several times per year.
All Lepidoptera undergo complete metamorphosis and exhibit four
distinct life stages: Egg, larva (caterpillar), pupa (chrysalis), and
adult. Swallowtails reputedly maintain low population numbers and
experience sporadic rebounds. Food sources vary widely. Caterpillars
eat plant material (such as leaves) and may be generalists, enjoying a
range of plant species, or they may be obligate feeders, feeding solely
on a particular species. Adults typically feed on flower nectar. Some
adults do not eat at all, others obtain nutrients from carrion, and
some pre-reproductive males obtain nutrients from riversides (known as
``puddling''). Swallowtails may display sexual dimorphism, wherein
males are generally smaller and/or more colorful than females. Four of
the petitioned species (Jamaican kite, Harris' mimic swallowtail,
Fluminese swallowtail, and Southern tailed birdwing) are not sexually
dimorphic; one species (Oaxacan swallowtail) displays only size
dimorphism; and two species (Kaiser-I-Hind and Southern tailed
birdwing) are dimorphic both in color

[[Page 70582]]

and size. Similarly, larvae and adults may display color polymorphism,
wherein the same species exhibits different color patterns.
Swallowtails may exhibit certain behaviors to increase their chance of
finding a mate. ``Hilltopping,'' for instance, is a male behavior in
which they seek out a high ridge or hilltop whereupon they await the
arrival of females, which tend to gravitate towards these areas.
Swallowtails are all strong flyers. Many species fly several kilometers
a day. After mating, females often disperse to find a new location to
lay eggs. Some species disperse farther, sometimes as a group. Although
dispersal is sometimes referred to as migration, for butterflies this
movement may not entail a return trip. Where available, information on
the lifespan, population dynamics, and current population status of
each species are provided in the species assessments below.

Summary of Factors Affecting the Species

Section 4(a)(1) of the Act (16 U.S.C. 1531 et seq.) and regulations
promulgated to implement the listing provisions of the Act (50 CFR part
424) set forth the procedures for adding species to the Federal Lists.
A species may be determined to be endangered or threatened due to one
or more of the following five factors described in section 4(a)(1): (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; and (E) other natural or
manmade factors affecting its continued existence. These factors and
their application to each of the seven species are discussed below.
Each assessment begins with a species-specific status summary.

Findings on Species for Which Listing Is Not Warranted

Oaxacan Swallowtail (Papilio esperanza Bautelspacher, 1975)
The Oaxacan swallowtail is endemic to the remote montane cloud
forest of Mexico's Juarez Mountains (Oaxaca State). Larvae feed on
Magnolia dealbata Zucc. (common name unknown) (Felipe Ramirez Ruiz de
Velasco, Director General, Secretaria de Medio Ambiente y Recursos
Naturales, pers. comm. 2004). Adults prefer Eupatorium sordidum Less.
(dirty thoroughwort) and produce two annual broods, one in the spring
and one in late summer (Collins and Morris 1985). Populations are
restricted to steep-sloped canyons in the Juarez Mountains (F.R.R. de
Velasco, pers. comm. 2004; R. Robbins, pers. comm. 2004; Tyler et al.
1994). Considered a relict of modern swallowtails, this species was
discovered only in 1975 and, for the first 20 years, was only known
from one colony (New and Collins 1991; Tyler et al. 1994). New colonies
were discovered in the early 1990s; the total habitat remains
restricted to an area less than 100 square kilometers (Tyler et al.
1994). This species is listed as Vulnerable by the IUCN, due mainly to
a poaching problem that existed prior to 1994 (IUCN 2003; see B.,
below).
A. Present or threatened destruction, modification, or curtailment
of its habitat or range: The Juarez Mountains region is generally
threatened by logging, agriculture, grazing, colonization, and
potential construction of hydroelectric dams (Davila et al. n.d.);
however, there is no evidence that this species' specific habitat is
being directly threatened (R. Robbins, pers. comm. 2004; Jorge Soberon,
Director of CONABIO [the Scientific Authority of Mexico for the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora, or CITES], pers. comm. 2004). Based on the best available
information, we conclude that this species is not threatened by the
present or threatened destruction, modification, or curtailment of its
habitat or range.
B. Overutilization for commercial, recreational, scientific, or
educational purposes: According to Collins and Morris (1985), only 20
specimens had been collected in the first 20 years after the species'
discovery due to the fierce protection of this species by local
communities. For a time, poaching became a problem because several
local residents would follow the colony and remove specimens for
commerce (Tyler et al. 1994). In the mid-1990s, several smugglers were
indicted in the United States for trading in illegally collected
insects, including Oaxacan swallowtails (WildlifeWebsite.com 2000).
Today, Mexican experts do not consider over-collection to be a threat
(F.R.R. de Velasco, pers. comm. 2004) because local communities do not
allow collection or sale of the species (J. Soberon, pers. comm. 2004).
There are also regulatory mechanisms in place that appear to be
effectively regulating trade in this species (see D., below). Thus,
this species is not threatened by overutilization for commercial,
recreational, scientific, or educational purposes.
C. Disease or predation: There is no information to suggest that
this species is subject to any threat from disease or predation.
D. The inadequacy of existing regulatory mechanisms: The Oaxacan
swallowtail is listed as threatened, and its larval foodplant, Magnolia
dealbata, is also listed as endangered on Mexico's List of Species at
Risk (F.R.R. de Velasco, pers. comm. 2004). Mexican law, NOM (Norma
Oficial Mexicana)-059-ECOL-2001, protects listed native species of
flora and fauna that have been assessed in any of four threat
categories (threatened, endangered, specially protected, and likely to
be extinct; INE 2003). There are no officially designated protected
areas or nature reserves in the Juarez Mountains (Davila et al. n.d.).
However, large tracts of Oaxacan swallowtail habitat are under the
strict control of indigenous Zapotec communities (J. Soberon, pers.
comm. 2004), and these communities are very conservation oriented
(F.R.R. de Velasco, pers. comm. 2004). The Mexican Federal government
oversees several sustainable resource management units in that region
(de Ferranti et al. 2000), and this species is not one of the resources
being exploited under this regulatory framework (F.R.R. de Velasco,
pers. comm. 2004).
The Oaxacan swallowtail is not listed in the Appendices of the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES), but there is no information to suggest that such a
listing is needed. Considered threatened by commercial trade in Europe
(Melisch 2000), this species is now listed on Annex B of the European
Union's Council Regulation (EC) No. 338/97, which regulates imports of
certain species into any country in the European Community. Annex B
includes all species listed in CITES Appendix II and their look-alikes,
as well as species being traded at levels that are incompatible with
the survival of the species, as well as species that pose a threat to
native species (CITES UK 2004). Import of an Annex B-listed species
must be accompanied by information that demonstrates that the import
will not detrimentally affect the conservation status of the species or
its habitat (Eur-Lex 2004). Based on the above information, this
species is not threatened by the inadequacy of existing regulatory
mechanisms.
E. Other natural or manmade factors affecting its continued
existence: There are no other known threats affecting this species.
In summary, in addition to the discovery of new populations, the
Oaxacan swallowtail is not subject to significant threats that cause
the species

[[Page 70583]]

to be threatened with extinction throughout a significant portion of
its range. Therefore, we have determined that listing of this species
is not warranted.
Southern Tailed Birdwing (Ornithoptera meridionalis Rothschild 1897)
The southern tailed birdwing is native to lowland primary or
secondary rainforests of Indonesia and Papua New Guinea. The larvae of
this genus are known to feed solely on Aristolochia spp. L.
(birthwort). However, the identity of the specific larval foodplant of
this species remains in dispute (Parsons 1999; Dr. Wari Iamo,
Department of Environment and Conservation, Papua New Guinea, pers.
comm. 2004). This birdwing butterfly occupies a wide range, but
populations are localized, found at altitudes between 20 and 200 meters
above sea level (Collins and Morris 1985; Dr. Wari Iamo, Department of
Environment and Conservation, Papua New Guinea, pers. comm. 2004). In
Indonesia (Irian Jaya), there are three known localities of this
species (Parsons 1999). In Papua New Guinea, there are at least seven
widely distributed localities, and the species appears to be reasonably
common in its habitat, especially in the spring (Parsons 1999; W. Iamo,
pers. comm. 2004). It is listed by the IUCN as Endangered, apparently
due to threats from habitat destruction (see A., below; IUCN 2003).
A. Present or threatened destruction, modification, or curtailment
of its habitat or range: The southern tailed birdwing populations are
found in two protected areas in Papua New Guinea where wildlife harvest
and habitat destruction are prohibited (W. Iamo, pers. comm. 2004). The
species' low-lying habitat, in the center of its range, is vulnerable
to timber extraction (W. Iamo, pers. comm. 2004). However, experts
believe that properly managed butterfly farming (as discussed below,
under B.) promotes habitat conservation by generating income as a
viable alternative to deforestation (Dr. Rosser W. Garrison and Mr.
Michael Parsons, Research Associates, Los Angeles County Museum of
Natural History, California, pers. comm. 1994; Dr. L. Orsak, Director,
Christensen Research Institute, Papua New Guinea, pers. comm. 1994; Dr.
Scott Miller, Chair, Natural Science, The State Museum of Natural and
Cultural History, Hawai'i, pers. comm. 1994; Parsons 1991, 1999). The
Papua New Guinea farming program requires villagers to maintain a
healthy wild population on or near their land (IFTA 1985). Based on the
best available information, we have determined that this species is not
threatened by the present or threatened destruction, modification, or
curtailment of its habitat or range.
B. Overutilization for commercial, recreational, scientific, or
educational purposes: Papua New Guinea began farming the southern
tailed birdwing and other native butterflies in 1978. According to the
non-profit Insect Farming and Trade Agency (IFTA), established in
consultation with an entomologist-ecologist, the pupae are ranched and
adults are sold in pairs (IFTA 2004; Parsons 1999). The Papua New
Guinea farming program was endorsed by the now-defunct IUCN Lepidoptera
Specialist Group (IFTA 1985). Ranched specimens are often preferred
over wild-caught specimens because the wings of wild specimens are
often tattered from flying (Parsons 1999). No wild-collected specimens
are permitted in international trade, and designated exporters are
strictly controlled (W. Iamo, pers. comm. 2004; Iamo Ila, Conservator
of Fauna, Department of Environment and Conservation, Papua New Guinea,
pers. comm. 1994; 1997; Gaikovina R. Kula, Acting Secretary, Department
of Environment and Conservation, Papua New Guinea, pers. comm. 1994).
Private citizens who are not part of IFTA must obtain certification
from the Department of Environment and Conservation to carry out
ranching and trading in this species (W. Iamo, pers. comm. 2004).
This species has been listed in CITES Appendix II since 1979, and
CITES data suggest a recent downward trend in trade volume, from 582
specimens in 2000, to 163 specimens in 2001, and 89 specimens in 2002
(J. Caldwell, pers. comm. 2004; W. Iamo, pers. comm. 2004). All of this
trade has originated from Papua New Guinea, and most of it has been
recorded as ranched specimens. A 2000 market study revealed that this
species was threatened by commerce in Germany (Melisch 2000), where the
market price was reportedly US$8700 per pair (Schutz 2000). The
southern tailed birdwing is now listed on the European Commission's
Annex B, which regulates imports of certain species into Europe, and
requires that trade in these species is not detrimental to the survival
of wild populations (see Oaxacan swallowtail, D.). While the reason for
the decrease in trade volume for this species is unknown (W. Iamo,
pers. comm. 2004), its listing on Annex B may account for the decrease
in trade because several of the major importers are from European
countries. This information suggests that this species is not
threatened by overutilization for commercial, recreational, scientific,
or educational purposes.
C. Disease or predation: Parasitic flies have been known to attack
southern tailed birdwings in the wild (Collins and Morris 1985).
However, there is no specific information to suggest that these
parasites are currently threatening existing populations, and we are
unaware of any other disease or predators that pose a threat to this
species. Thus, we conclude that disease or predation is not a current
threat to this species.
D. The inadequacy of existing regulatory mechanisms: In 1966, Papua
New Guinea declared the southern tailed birdwing protected under the
Fauna Protection Control Act, which requires an amendment to the
legislation to allow any controlled utilization of the species. Wild
collection is prohibited, and wild-collected specimens are banned from
international trade (W. Iamo, pers. comm. August 2004; G.R. Kula, pers.
comm.; 1994 Parsons 1991). Only properly CITES-permitted adults are
allowed in international trade (IFTA 2004), and import of these
specimens into Europe requires a further non-detriment finding in
addition to the CITES findings made by exporting countries (see D.,
above). Based on the above information, this species is not currently
threatened by the inadequacy of existing regulatory mechanisms.
E. Other natural or manmade factors affecting its continued
existence: There is no information to suggest that this species is
subject to threats other than those listed above.
In summary, in addition to the discovery of new populations, the
southern tailed birdwing is not subject to significant threats that
cause the species to be threatened with extinction throughout a
significant portion of its range, and therefore we have determined that
listing of this species is not warranted.

Findings on Species for Which Listing Is Warranted but Precluded

Harris' Mimic Swallowtail (Eurytides lysithous harrisianus H[uuml]bner
1821)
Harris' mimic swallowtail is native to sub-coastal woods on
unflooded fringes of ``restinga'' (swamp) habitat in the Atlantic
Forest of Brazil. Paraguay also has been reported as a range country
(Collins and Morse 1985; Funet 2004), but there is no information on
colonies there. Larvae feed on Annona acutifolia Sass. ex R.E. Fries
(common name unknown). Juveniles are occasionally reported on Rollinia
laurifolia Schltdl. (common name unknown). Adults feed

[[Page 70584]]

on species in a variety of genera from several plant families
(including Annonaceae [custard-apple family], Asteraceae [daisy
family], Fabaceae [legume family], Rubiaceae [madder family], and
Verbenaceae [verbena family]). This subspecies is not listed in the
2003 IUCN Red List of Threatened Species (IUCN 2003).
Previously reported in the two Brazilian states of Espirito Santo
and Rio de Janeiro, this subspecies is confirmed only in the latter
locality (Brown 1996). This has been interpreted as an indication that
the subspecies has been extirpated from Espirito Santo (Collins and
Morse 1985; Xerces 2004). However, Brown postulates that this could be
due to misidentification due to mimicry (Keith S. Brown, Jr., Livre-
Docent, Universidade Estadual de Campinas, Brazil, pers. comm. 2004).
Swallowtails occupying similar ranges may exhibit mimicry such that
unrelated species resemble each other. The specific purpose of this
mimicry is unknown, but it may be a defense mechanism. Although
scientifically unproven, one form of mimicry, known as Batesian
mimicry, consists of a palatable species (the mimic) that resembles an
unpalatable species (the model). It is theorized that a predator (such
as a bird) attempting to eat the unpalatable model will avoid that and
other similar-looking butterflies in the future. For such mimicry
systems to be effective, it is generally believed that the mimic must
maintain lower population numbers than the model.
Harris' mimic swallowtail is polymorphic, mimicking at least three
species of Parides throughout its range. There are two Harris' mimic
swallowtail morphs (color patterns): the sebastianus-rurik morph, which
mimics Parides zacynthus Fabricius (common name unknown) and the
subspecies Parides nephalion Godart (cattle heart swallowtail); and,
the ascanius morph, which mimics the Fluminese swallowtail, also a
subject of this petition finding (Collins and Morse 1985; K.S. Brown,
Jr., pers. comm. 2004). The sebastianus-rurik morph is less common than
the ascanius morph, the latter of which constituted about 70% of the
population during a nearly decade-long mark-recapture study (Brown
1996). The ascanius morph generally persists farther north than the
Fluminese swallowtail. Thus, it is possible that Harris' mimic
swallowtail exists to the north, in Espirito Santo, where suitable
habitat exists, but that it has been mistaken for the Fluminese
swallowtail (Brown 1991; Otero and Brown 1984; Dr. Robert Robbins,
Research Entomologist, National Museum of Natural History, Department
of Entomology, Smithsonian Institution, Washington, DC pers. comm.
2004).
Brown (1996) monitored the only known colony of the species (in Rio
de Janeiro) from 1984 to 1991, during which time the population size
ranged from 50 to 250 individuals. Adults fly at an elevation of 1000
meters, and brood only once per year, being found almost exclusively
from September to December. This colony is currently reported to be
viable, vigorous, and stable (K. Brown, Jr., pers. comm. 2004). In
1997, another colony of unknown size was discovered in the Poco das
Antas Biological Reserve (Rio de Janeiro), where it had not been seen
in 30 years. According to Brown, it is likely that more colonies exist
between these two known localities and in other places, and he further
states that their flight habits ``do not favor recording by visitors *
* * it is also very hard to find, see, or capture'' (K. Brown, Jr.,
pers. comm. 2004).
A. Present or threatened destruction, modification, or curtailment
of its habitat or range: Habitat destruction prompted experts to
consider this species to be either endangered (Collins and Morris 1985;
Tyler et al. 1994) or critically endangered (Brown 1996). The mix of
dense and open habitat preferred by adult Harris' mimic swallowtails is
no longer the dominant vegetation type in Rio de Janeiro. With this
habitat almost entirely gone, the subspecies is found only in sub-
coastal areas adjacent to ``restinga'' (swamp) habitat (Otero and Brown
1984). Considered the most endangered vegetation type in the world
(Conservation International 2004), restinga swampland has been
converted to rice fields and drained for urban development and cattle
pastures (Otero and Brown 1984; WWF 2004a). In 1985, development
threatened the only known colony (Collins and Morris 1985). The State
of Rio de Janeiro harbors the densest human population in Brazil, and
the city suffers from air and water pollution (CIA 2004; Conservation
International 2004). The Poco das Antas Reserve (site of the recently
discovered colony of Harris' mimic swallowtail) is plagued by fires.
Established in 1973 and presently encompassing an area of approximately
6,883 square meters (WWF 2004b), the Reserve has suffered at least six
fires since 1989 (Anonymous 1997; Bryant 2002; Kyodo World Service
2000; Reuters 2002; Singapore National Zoo 2000). At least two of these
fires were attributed to human causes (Anonymous 1997; Kyodo World
Service 2000). Fire breaks have been constructed in the Reserve to help
contain future fires, but regeneration of previously burned areas has
been reportedly slow (Singapore National Zoo 2000). Thus, we conclude
that this subspecies is threatened by the present or threatened
destruction, modification, or curtailment of its habitat or range
throughout a significant portion of its range, although thus far we are
not aware of a direct impact on the two known colonies of this species.
B. Overutilization for commercial, recreational, scientific, or
educational purposes: There is no documentation of overutilization of
this subspecies. However, it is possible that this species is
inadvertently entering trade misidentified as Parides spp., although
there is no specific information on this.
C. Disease or predation: There is no information to suggest that
this species is subject to any threat from disease or predation.
D. Inadequacy of existing regulatory mechanisms: Instituto
Brasileiro do Meio Ambiente de dos Recursos Naturais Renovaveis;
Brazil's Environmental Ministry (IBAMA) listed this species as
``strictly protected'' in 1989. As such, collection and trade are
prohibited (Brown 1996). It is unclear whether the discovery of a
second colony in the Poco das Antas Biological Reserve, home of the
charismatic golden lion tamarin (Leontopithecus rosalia), will benefit
Harris' mimic swallowtail. The Reserve continues to be threatened by
inadequate protection, unresolved land disputes, and illegal
encroachment by landless peasants (Conservation International 2004). In
2002, criteria were established for land use and occupation within a
newly established environmentally protected basin along the river where
the new population of this species was found. How or whether these
criteria account for invertebrates is unknown (WWF 2004b). Thus, the
regulatory mechanisms in existence may be inadequate to protect this
species.
E. Other natural or manmade factors affecting its continued
existence: Other than the above-mentioned fires, some of which may have
been natural events, there are no other factors known to affect this
species' continued existence.
In summary, although additional populations may exist, there are
only two confirmed localities of Harris' mimic swallowtail. This
subspecies appears to be generally threatened by habitat destruction
(clearing and fire) and the potential of overutilization for commercial
purposes. While regulatory mechanisms are in place to control
commercial trade, it is unclear whether existing regulatory mechanisms
are adequately protecting the species' habitat. The combination of
these factors threatens this subspecies

[[Page 70585]]

throughout a significant portion of its range.
Harris' mimic swallowtail is a subspecies that faces threats that
are low to moderate in magnitude and non-imminent. It therefore
receives a priority rank of 12.
Jamaican kite Swallowtail (Eurytides marcellinus Doubleday 1846)
The Jamaican kite is endemic to Jamaica. The only known larval
foodplant is Oxandra lanceolata Baill. (West Indian lancewood) (Bailey
1994; Brown and Heineman 1972; Garraway et al. 1993; Xerces 2004).
There is no information as to adult food preferences. Despite the
presence of the larval foodplant throughout the island, and although
the species probably disperses only within 3 kilometers of its breeding
site, the only confirmed breeding site is Rozelle, located in the
extreme southeastern Parish of St. Thomas (Bailey 1994; Brown and
Heineman 1972; Garraway et al. 1993; R. Robbins, pers. comm. 2004;
Strong and Johnson 2001; WRC 2001; Dr. T.W. Turner, President,
Caribbean Surveys Ltd., Florida, pers. comm. 1994). Reputedly
unpredictable and sporadic in appearance, the Jamaican kite swallowtail
generally maintains low population levels, but becomes locally abundant
for a week or two at its only known breeding site, where it regularly
broods in the early summer and sometimes again in early fall (Collins
and Morris 1985; Garraway et al. 1993; Smith et al. 1994). Episodic
population explosions have been recorded, with large westerly
migrations of males when population numbers are high (Brown and
Heineman 1972; Collins and Morris 1985; Garraway et al. 1993). Large
numbers were reported in western parishes in the 1940s and 1950s
(Bailey 1994; Garraway et al. 1993). Adults have recently been sighted
in the parishes of St. Andrew, St. Ann, Trelawny, and Westmoreland on
the extreme western coast, and the species has reportedly visited
Florida (Bailey 1994; Funet 2004; Smith et al. 1994; WRC 2001).
A. Present or threatened destruction, modification, or curtailment
of its habitat or range: Mining operations, deforestation, and a lack
of public awareness for conservation issues are problematic on the
entire island (WWF 2001). The only confirmed breeding site has
undergone extensive habitat destruction for agriculture and industry,
prompting many experts to designate the Jamaican kite swallowtail as
Vulnerable (Collins and Morris 1983; IUCN 2003; New and Collins 1991;
Tyler et al. 1994). The larval hostplant, West Indian lancewood (native
to Jamaica, Cuba, Hispaniola, and Puerto Rico), is a commercially
desirable tree. Its yellow wood is used to make fishing rods, pool
cues, and other products (Windsor Plywood 2004). This tree species
reportedly does poorly in disturbed habitats (Collins and Morris 1985).
Habitat destruction continues to be a primary threat to this species
(Dr. Audette Baillie, Research Fellow, Department of Life Sciences,
University of the West Indies, Jamaica, pers. comm. 2004).
B. Overutilization for commercial, recreational, scientific, or
educational purposes: A survey of German markets concluded that this
species is threatened by commercial trade (Melisch 2000). Sch[uuml]tz
(2000) reported the asking price for a female Jamaican kite swallowtail
as US$150. This species is neither listed under CITES nor on the
European Commission's Annex B, both of which regulate international
trade. The Jamaican kite swallowtail is not bred in captivity and, in
particular, there is no organized captive-breeding program for this
species in Jamaica (A. Baillie, pers. comm. 2004). Thus,
overutilization for commercial purposes may be a threat to the Jamaican
kite swallowtail.
C. Disease or predation: There is no information to suggest that
this species is subject to any threat from disease or predation.
D. Inadequacy of existing regulatory mechanisms: Listed as an
endemic species, Jamaica does not consider the Jamaican kite
swallowtail to be threatened, and therefore, it is not protected by the
Wildlife Protection Act of 1998 (NEPA 2004a); according to the National
Environment and Planning Agency (NEPA), this protects only ``specified
species'' (NEPA 2004b). However, all requests to collect endemic
wildlife in Jamaica must be directed to NEPA for approval (A. Baillie,
pers. comm. 2004). The protected area network has been plagued with
staff shortages and inadequate fines for violators (WWF 2001). The John
Crow Mountains, spanning several parishes where adult Jamaican kite
swallowtails have been seen, was declared a protected area in 1993
(Anonymous n.d.). Cockpit Country, the terrain of which has made it
veritably impenetrable to humans, became part of the Parks-in-Peril
project in 2001. Cockpit Country is located in Trelawny Parish, where
adult Jamaican kite swallowtails have recently been sighted. The status
of the species in this area may be clarified as researchers conduct
surveys for the CITES Appendix-I swallowtail (Pterourus homerus)
occupying the same area (TNC 2004; WRC 2002). The presence of the
Jamaican kite swallowtail in Rozelle and Cockpit Country has prompted
NEPA to seek protected-area status for both locations within the next
5-7 years (Anonymous 2003). It is unclear how or whether the Jamaican
protected-area network benefits the Jamaican kite swallowtail or
protects it from the above-mentioned potential threats of habitat loss
and commercial utilization.
E. Other natural or manmade factors affecting its continued
existence: Jamaica lies within the Atlantic hurricane belt and is
subject to severe tropical weather, such as tropical waves, tropical
depressions, tropical storms, and hurricanes (Mahlung 2001). In the
last 16 years, Jamaica has been devastated by a tropical storm (George
1998), a Category 3 hurricane (Gilbert 1988), and two Category 5
hurricanes (Mitch 1998; Ivan 2004). Hurricanes Gilbert and Ivan caused
extensive damage throughout the island, including Rozelle, the only
known breeding site for this species. In 1989, 75 percent of Rozelle
Beach was eroded, and extensive beach erosion occurred again in 2004
(Anderson 1989; Lehman 1999; Go Local Jamaica 2004). These stochastic
events are likely to have an adverse effect on this species' continued
existence.
In summary, the Jamaican kite swallowtail has only one known
breeding site. This species is threatened by habitat destruction from
human activity and catastrophic natural storm events. Storms, such as
hurricanes, can also directly kill these butterflies. The species is
also potentially threatened by collection and inadequate protection of
its habitat; this species is not specifically protected by law. The
combination of these factors potentially threatens this species
throughout a significant portion of its range.
The Jamaican kite swallowtail is a species that does not represent
a monotypic genus. It faces threats that are high in magnitude, but
non-imminent. It therefore receives a priority rank of 5.
Fluminese Swallowtail (Parides ascanius Cramer 1775)
The Fluminese swallowtail is endemic to Brazil. Residing in
``restinga'' (swamp) habitat in the Atlantic Forest of Brazil, adults
can be found flying in scrubby to urbanized locations (K.S. Brown, Jr.,
pers. comm. 2004). The only known larval foodplant is the poisonous
vine Aristolochia macroura Gomez (Dutchman's pipe), which has a wider
distribution than the butterfly itself (Otero and Brown 1984). There is
no information as to adult

[[Page 70586]]

foodplant preferences. This species has been reported from three
Brazilian States: Rio de Janeiro, Espirito Santo, and Sao Paulo.
Although ideal habitat exists in all three States, Rio de Janeiro
harbors the only colonies confirmed in the past 50 years (Otero and
Brown 1984), perhaps due to mislabeling of initial collections (K.S.
Brown, Jr., pers. comm. 2004). Assessed by the IUCN as Vulnerable, the
species is sparsely distributed at best, becoming seasonally common,
with sightings of up to 50 individuals in one morning (IUCN 2003; Otero
and Brown 1984; Tyler et al. 1994).
Populations are localized but colonies require a large area to
maintain a viable population (Otero and Brown 1984). In a study
conducted from 1984 to 1991, Brown (1996) found that a colony varied
greatly (from 20 to 100 individuals) from year to year, and individuals
flew distances of 1000 meters. Although it was presumed that many
populations had gone extinct since 1970 and that no new colonies
remained to be discovered, other large colonies have been found in Rio
de Janeiro state, both far inland and within the Poco das Antas
Biological Reserve (K.S. Brown, Jr., pers. comm. 2004; Collins and
Morris 1985; Otero and Brown 1984). In a recent visit to Poco das
Antas, Dr. Robert Robbins (pers. comm. 2004) reported that the
Fluminese swallowtail was ``everywhere.'' All colonies continue to be
monitored (K.S. Brown, Jr., pers. comm. 2004).
A. Present or threatened destruction, modification, or curtailment
of its habitat or range: The range of this species overlaps with
Harris' mimic swallowtail, and the restinga swampland habitat upon
which the Fluminese swallowtail depends for breeding is threatened by
urbanization, conversion for cultivation and cattle ranching, and arson
(see Harris' mimic swallowtail, A., above). The Fluminese swallowtail
is particularly threatened by arson in the Poco das Antas Biological
Reserve, because this is the only protected area large enough to
maintain a viable Fluminese swallowtail colony (Otero and Brown 1984).
Thus, a significant portion of this species' range is potentially
threatened with habitat destruction.
B. Overutilization for commercial, recreational, scientific, or
educational purposes: This butterfly is ``easy to catch,'' and although
``many people have bred the species,'' there is no formal effort to
ranch the species (K.S. Brown, Jr., pers. comm. 2004). A survey of
German markets reported female Fluminese swallowtails selling for
US$560 (Melisch 2000; Sch[uuml]tz 2000), which is an indicator of the
potential threat from commercial trade. This species is advertised for
sale in Japan with the provision that no sales can be made of dry or
live insects to the ``United States of America from Central and South
America also CITES butterflies'' (http://www.worldinsect.com/). This

species is not listed under CITES but is listed on the European
Commission's Annex B, which regulates imports of certain species into
Europe (see Papilio esperanza, B.). It is unclear how this has affected
trade in this species. Based on the above information, this species is
potentially threatened by overutilization for commercial purposes.
C. Disease or predation: There is no information to suggest that
this species is subject to any threat from disease or predation.
D. Inadequacy of existing regulatory mechanisms: In 1973, the
Fluminese swallowtail became the first insect placed on Brazil's list
of animals threatened with extinction, and the species is currently
considered imperiled by IBAMA, the Brazilian Environment Ministry (MMA
2004; Otero and Brown 1984). Although the species is strictly protected
from commerce, fines are apparently either nonexistent or too nominal
to dissuade commercial collection (K.S. Brown, Jr., pers. comm. 2004).
It is also unclear what measures have been taken to reduce habitat
destruction, for which the species was originally listed in 1973 (Otero
and Brown 1984). The protection afforded Fluminese swallowtail
populations within Poco das Antas Biological Reserve is also unknown
(see Harris' mimic swallowtail, D.). Thus, the regulatory mechanisms in
existence may be inadequate to protect this species.
E. Other natural or manmade factors affecting its continued
existence: Other than the fires, mentioned above, some of which may
have been natural events, there are no other factors known to affect
this species' continued existence.
In summary, there are several known Fluminese swallowtail colonies,
each requiring a large area to maintain a viable population, and only
one occurs within a protected area. This species is threatened by
habitat destruction and the potential inadequacy of regulatory
mechanisms to protect the species' habitat, particularly in the Poco
das Antas Biological Reserve, considered the only protected area large
enough to maintain a viable population. This species is also
potentially threatened by overutilization for commercial purposes and
inadequate penalties to thwart commercial collection. The combination
of these factors potentially threatens this species throughout a
significant portion of its range.
The Fluminese swallowtail is a species that does not represent a
monotypic genus. It faces threats that are high in magnitude but non-
imminent. It therefore receives a priority rank of 5.
Hahnel's Amazonian Swallowtail (Parides hahneli Staudinger 1882)
Hahnel's Amazonian swallowtail is endemic to three localities in
the sandy tributaries of the lower middle Amazon Basin in Brazil
(Collins and Morris 1985; New and Collins 1991; Tyler et al. 1994). The
identification of the larval hostplant is unknown, but it is believed
to be either Aristolochia lanceolato-lorato S. Moore (common name
unknown) or A. acutifolia Sass. ex R.E. Fries (common name unknown).
This species occupies a fairly wide range, but ``the area of its range
is very lightly populated'' (K.S. Brown, Jr., pers. comm. 2004). The
restricted nature of its habitat was determined only in the 1990s (R.
Robbins, pers. comm. 2004). Populations are characterized as very
local, rare, and patchy in distribution (Collins and Morris 1985; Tyler
et al. 1994). Until 1973, this species was known only in one location;
two additional localized colonies were discovered in 1973 (Brown 1996;
Collins and Morris 1985). There have been no recent discoveries of new
populations (K.S. Brown, Jr., pers. comm. 2004). This species is
sympatric (occupies the same range) with several butterflies, including
at least two, Methona and Thyrides (common names unknown), that it
reportedly mimics, and the subspecies Parides chabrias ygdrasilla
(common name unknown)(Brown 1996). In 1996, when this species was last
assessed by the IUCN, there was insufficient data to determine its
status (IUCN 2003).
A. Present or threatened destruction, modification, or curtailment
of its habitat or range: Citing potential threats from habitat
destruction, New and Collins (1991) considered the possibility that
this species was critically threatened. Because the species' ecological
requirements are not well understood, habitat destruction could be a
factor, but specific threats cannot be clearly identified. Therefore,
we are unable to determine whether this species is or may be threatened
by habitat destruction.
B. Overutilization for commercial, recreational, scientific, or
educational purposes: Although the species flies high, making it harder
to catch, ``local people can at times effectively reduce

[[Page 70587]]

populations since they know [this species'] habits'-(K.S. Brown, Jr.,
pers. comm. 2004). Many experts agree that species with restricted
distributions or localized populations, such as Hahnel's Amazonian
swallowtail, are more vulnerable to over-collection than those with a
wider distribution (K.S. Brown, Jr., pers. comm. 2004; R. Robbins,
pers. comm. 2004). Commercial exploitation is a potential threat to
this species (Melisch 2000; New and Collins 1991; Sch[uuml]tz 2000;
Tyler et al. 1994). A survey of German markets found swallowtails to be
among the most popular species being sold; Hahnel's Amazonian
swallowtail has sold for USD$200 per pair (Sch[uuml]tz 2000). The
species is not listed under CITES. It is listed on the European
Commission's Annex B, which regulates imports of certain species into
Europe (see Papilio esperanza, B.), but it is unclear how this listing
has affected trade in this species. As such, we believe that
overutilziation for commercial purposes may constitute a threat to the
survival of the species.
C. Disease or predation: There is no information to suggest that
this species is subject to any threat from disease or predation.
D. Inadequacy of existing regulatory mechanisms: Hahnel's Amazonian
swallowtail is listed as a species ``under study'' (Brown 1996). It is
not listed on the Brazilian list of animals threatened with extinction
(MMA 2004). This may be due to the species' wide range and tendency to
be locally common (K.S. Brown, Jr., pers. comm. 2004).
E. Other natural or manmade factors affecting its continued
existence: There is potential for foodplant competition with a
sympatric butterfly, Parides chabrias ygdrasilla (common name unknown)
(Collins and Morris 1985).
Hahnel's Amazonian swallowtail is known from only three localities
and consists of highly localized populations, which makes them
potentially vulnerable to over-collection.
Hahnel's Amazonian swallowtail is a species that does not represent
a monotypic genus. It faces threats that are low to moderate in
magnitude, and the immediacy of the threat is non-imminent. Therefore,
it receives a priority rank of 11.
Kaiser-I-Hind Swallowtail (Teinopalpus imperialis Hope 1843)
The Kaiser-I-Hind swallowtail is native to the Himalayan regions of
Bhutan, China, India, Laos, Myanmar, Nepal, Thailand, and Vietnam.
Preferring undisturbed montane deciduous forests, this fast-flying
species flies near the treetops at altitudes of 1500-3050 m (Bond 1964;
Igarashi 2001; Tordoff et al. 1999). The larval foodplant may differ
across the species' range, including Magnolia campbellii Hook.f. and
Thompson in China (Yen and Yang 2001); Magnolia spp. L. in Vietnam
(Funet 2004); Daphne spp. L. in India, Nepal, and Myanmar (Funet 2004);
and Daphne nipalensis (authority and common name unknown) in India
(Robinson et al. 2004). Though this species was first described in
1843, its life history was not well characterized until 1986 (Igarashi
and Fukuda 2000). The Kaiser-I-Hind swallowtail produces two broods per
year (spring and late summer) (Igarashi 2001). Females are much larger
and rarer than males (Bond 1964).
The species' range is larger today than known at the time of the
original petition, with confirmed reports in Laos, Thailand, and
Vietnam (FAO 2001; Igarashi 2001; Masui and Uehara 2000; Osada et al.
1999). The range of the Kaiser-I-Hind swallowtail overlaps with that of
its close relative, the golden Kaiser-I-Hind swallowtail (Teinopalpus
aureus) in Laos and Vietnam. The golden Kaiser-I-Hind swallowtail,
which is listed in CITES Appendix II, is generally larger than the
Kaiser-I-Hind swallowtail (Masui and Uehara 2000; Igarashi 2001). The
IUCN lists the Kaiser-I-Hind swallowtail in the category of least
concern (IUCN 2003), but it is considered ``rare'' by Collins and
Morris (1985) and Tyler et al. (1994). Despite its widespread
distribution, local populations are not abundant (Collins and Morris
1985). The actual population status in Bhutan, India, Laos, Myanmar,
and Thailand is unknown, although it has been confirmed to be extant in
Nepal, Thailand, and Vietnam. No butterflies are listed on the 1992 Red
Data Book of Vietnam (Trai and Richardson 1999). In 1994, Chinese
experts considered the species to be in ``immediate danger of
extinction,'' with no verified occurrences in half a century (Professor
Wang Sung, Executive Vice Chairman of the Endangered Species Scientific
Commission of China, pers. comm. 1994). However, recent publications
indicate that the species remains extant in China, although there is no
information on population status (Pai and Wang 1998; Pai et al. 1996;
Watanabe 1997; Yen and Yang 2001).
A. Present or threatened destruction, modification, or curtailment
of its habitat or range: Despite a Chinese moratorium on logging in
1999, Kaiser-I-Hind swallowtail populations continued to be threatened
by commercial and illegal logging in 2001 (Yen and Yang 2001). In
Nepal, the species is threatened by limestone mining activities (E-Law
2002), and a recent report to by the Nepal Forest Ministry considers
habitat destruction to be a critical threat to biodiversity, including
this species (HMGN 2002). In Vietnam, the species is confirmed in three
Nature Reserves, in areas where disturbance levels are low (Lien 2003;
Tordoff et al. 1999; Trai and Richardson 1999). Habitat degradation
(deforestation and land conversion) is a primary threat to this species
in Thailand (FAO 2001). Thus, this species is known to be threatened by
habitat destruction in some of its countries.
B. Overutilization for commercial, recreational, scientific, or
educational purposes: The Kaiser-I-Hind swallowtail was listed in CITES
Appendix II in 1987 and is listed in Annex B of the European Union's
Council Regulation (see Oaxacan swallowtail, D.). CITES trade data,
obtained from the World Conservation Monitoring Centre, indicate that
only 152 Kaiser-I-Hind swallowtail specimens were traded between 1991
and 2002, and originated primarily from China (John Caldwell, WCMC,
pers. comm. 2004). Nearly half of these were imported into the United
States, all originating from China and declared as wild-collected. In a
3-month period (June-August 2004), a dealer in China sold 23 unmounted
specimens: 4 to one buyer in Germany and the rest to buyers in the
United States. The average selling price was US$107 for females and
US$45 for males. This commercial activity could not be compared with
CITES trade data because the 2004 CITES data will not be available
until October 31, 2005. The Kaiser-I-Hind and golden Kaiser-I-Hind
swallowtails resemble each other and both are commercially valuable.
The species' ranges overlap in at least two, possibly three, range
countries, so there is a potential for both species to be collected due
to their resemblance to each other.
There are unconfirmed reports that this species is being captive-
bred in China (Yen and Yang 2001), where it is considered to be more
valuable than the southern tailed birdwing (Watanabe 1997). In Nepal,
collectors would commonly lie in wait for the butterflies in
mountaintop encampments (New and Collins 1991). According to the Nepal
Forestry Ministry, the high commercial value of endangered species on
the local and international market may result in local extinctions of
many of Nepal's most endangered plants and animals, including this
species (HMGN 2002). Unsustainable collection (for consumption or
souvenirs) is a primary threat to this species in Thailand (FAO 2001).
Thus, overutilization for commercial purposes threatens this

[[Page 70588]]

species throughout a significant portion of its range.
C. Disease or predation: There is no information to suggest that
this species is subject to any threat from disease or predation.
D. Inadequacy of existing regulatory mechanisms: The Kaiser-I-Hind
swallowtail is not protected under the Wildlife Conservation law of
Taiwan (Yen and Yang 2001). In Nepal, where it is listed as threatened,
the species is protected by the National Parks and Wildlife
Conservation Act of 1973 (HMGN 2002). Protective legislation in India
and Nepal has previously been considered ineffective (New and Collins
1991). In Thailand, the Kaiser-I-Hind swallowtail is listed under the
1992 Wildlife Reservation and Protection Act of 1992, which makes it
illegal to collect (whether wild or dead) or to have the species in
one's possession (FAO 2001). Despite regulation in international trade
by CITES and on Annex B in Europe, we believe that this species is
threatened by a lack of specific regulatory mechanisms for the species
itself as well as its habitat throughout a significant portion of its
range.
E. Other natural or manmade factors affecting its continued
existence: A review of the available information did not indicate that
this species was threatened by other factors.
In summary, the Kaiser-I-Hind swallowtail is a wide-ranging species
that is experiencing varying degrees of threat throughout its range.
There is potential for habitat destruction in at least four range
countries, and collection for commercial purposes is reported
throughout its range. However, regulatory mechanisms may not be
adequately protecting the species from these threats. The combination
of these factors potentially threatens this species throughout a
significant portion of its range.
The Kaiser-I-Hind swallowtail does not represent a monotypic genus.
It faces threats that are low to moderate in magnitude and imminent. It
therefore receives a priority rank of 8.

Summary of Findings

The Service has carefully assessed the best scientific and
commercial information available regarding the present and future
threats facing the seven foreign butterfly species in this petition.
Based on our review, we find that two species, the Oaxacan swallowtail
and southern tailed birdwing, do not warrant listing under the Act
because, as summarized above for each of these species, new populations
have been discovered and neither species is subject to significant
threats that cause the species to be threatened with extinction
throughout a significant portion of its range. Further, both are
strictly protected within their respective ranges. Thus, this
determination of not warranted for these two butterfly species
constitutes the agency's final action on these species at this time.
However, we request that you submit any new information for these
species concerning status and threats whenever it becomes available.
This information will help us monitor the status of these species and
encourage their conservation.
We also find, as discussed above, that the remaining five species,
Harris' mimic swallowtail, the Jamacian kite swallowtail, the Fluminese
swallowtail, Hahnel's Amazonian swallowtail, and the Kaiser-I-Hind
swallowtail, warrant listing as threatened. However, the publication of
a proposed rule to list these species remains precluded by other
higher-priority listing actions. Section 4(b)(3)(B)(iii) of the Act
indicates that the Service may make warranted-but-precluded findings
with regard to cases in which (1) an immediate proposed rule is
precluded by higher-priority proposals to list species as endangered or
threatened, and (2) expeditious progress is being made on other listing
measures. Expeditious progress in listing endangered and threatened
species is being made, and our progress on listing species previously
found to be warranted but precluded is reported annually in the Federal
Register. Our most recent annual notice on these 12-month
``resubmitted'' petition findings on foreign species was published on
May 21, 2004 (69 FR 29354). We published a complete description of our
listing priority system on September 21, 1983 (48 FR 43098). The
listing priority number for each of the five butterfly species found to
be warranted but precluded is presented in Table 1. Other foreign
species, comprising a large number of birds covered by petitions
received in 1980 and 1991, have listing priority numbers that are equal
to or higher than those of at least some of the butterflies.
As required by Section 4(b)(3)(C)(i) of the Act, the Service will
reassess the warranted-but-precluded finding when we publish our annual
notice on resubmitted petition findings for foreign species. The
Service seeks data and comments from the public on this petition
finding. We will continue to monitor the status of these species as new
information becomes available. Our review of any new information
received will determine if a change in status is warranted, including
the need to list any species on an emergency basis.

References Cited

A complete list of all references cited in this petition finding is
available on request from the Division of Scientific Authority (see
ADDRESSES section).

Author

The primary author of this document is Dr. Patricia De Angelis,
Division of Scientific Authority, U.S. Fish and Wildlife Service, 4401
North Fairfax Drive, Room 750, Arlington, Virginia 22203.

Authority

The authority for this action is the Endangered Species Act (16
U.S.C. 1531 et seq.).

Table 1.--Petition Finding for Seven Foreign Species of Swallowtail Butterflies (Family: Papilionidae)
[R=listing not warranted/removed; C=listing warranted but precluded]
----------------------------------------------------------------------------------------------------------------
Status
--------------------------------- Scientific name Synonyms Common name Historic range
Category Priority
----------------------------------------------------------------------------------------------------------------
C.............. 12............. Eurytides Graphium lysithous Harris' mimic Brazil, Paraguay
lysithous harrisianus; swallowtail. (?).
harrisianus. Mimoides
lysithous
harrisianus.
C.............. 5.............. Eurytides Graphium Jamaican kite Jamaica.
marcellinus. marcellinus; swallowtail Blue
Neographium swallowtail.
marcellinus;
Protographium
marcellinus (nom.
inv.);
Protesilaus
marcellinus.

[[Page 70589]]

R.............. n/a............ Papilio esperanza. Pterourus Oaxacan Mexico.
esperanza swallowtail, La
Heraclides llamadora.
esperanza.
C.............. 5.............. Parides ascanius.. n/a............... Fluminese Brazil.
swallowtail,
Ascanius
swallowtail.
C.............. 11............. Parides hahneli... n/a............... Hahnel's Amazonian Brazil.
swallowtail.
R.............. n/a............ Ornithoptera Troides Southern tailed Indonesia, Papua
meridionalis. meridionalis; birdwing. New Guinea.
Schoenbergia
meridionalis.
C.............. 8.............. Teinopalpus n/a............... Kaiser-I-Hind Bhutan, China,
imperialis. swallowtail, India, Laos,
Emperor of India. Myanmar, Nepal,
Thailand,
Vietnam.
----------------------------------------------------------------------------------------------------------------

Dated: November 18, 2004.
Marshall P. Jones, Jr.,
Deputy Director, Fish and Wildlife Service.
[FR Doc. 04-26611 Filed 12-6-04; 8:45 am]

BILLING CODE 4310-55-P