[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Proposed Rules]
[Pages 72622-72625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28553]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2013-0107;450 003 0115]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition To List 11 Tarantula Species in the Genus Poecilotheria as
Endangered or Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of petition finding and initiation of status review.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to list 11 tarantula species in the genus
Poecilotheria as endangered or threatened species under the Endangered
Species Act of 1973, as amended (Act). Based on our review, we find
that the petition presents substantial scientific and commercial
information indicating that listing these species may be warranted.
Therefore, with the publication of this notice, we are initiating a
review of the status of these species to determine if listing these 11
species is warranted. To ensure that this status review is
comprehensive, we request scientific and commercial data and other
information regarding these species. At the conclusion of this review,
we will issue a 12-month finding on the petition, as provided in
section 4(b)(3)(B) of the Act.
DATES: To allow us adequate time to conduct this review, we request
that we receive information on or before February 3, 2014. After this
date, you must submit information directly to the office listed in the
FOR FURTHER INFORMATION CONTACT section below. Please note that we may
not be able to address or incorporate information that we receive after
the above requested date.
ADDRESSES: You may submit information by one of the following methods:
Electronically: Go to the Federal eRulemaking Portal:
http://www.regulations.gov. In the Search field, enter Docket No. FWS-
HQ-ES-2013-0107, which is the docket number for this action. Then click
on the Search button. You may submit information by clicking on
``Comment Now!'' If your information will fit in the provided comment
box, please use this feature of http://www.regulations.gov, as it is
most
[[Page 72623]]
compatible with our information review procedures. If you attach your
information as a separate document, our preferred file format is
Microsoft Word. If you attach multiple pieces of information, our
preferred format is a spreadsheet in Microsoft Excel.
By hard copy: U.S. mail or hand-delivery: Public Comments
Processing, Attn: FWS-HQ-ES-2013-0107, Division of Policy and
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax
Drive, MS 2042-PDM; Arlington, VA 22203.
We will not accept information by email or fax. We will post all
information on http://www.regulations.gov. This generally means that we
will post any personal information you provide us (see the Information
Requested section, below, for more information).
FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of
Foreign Species, Endangered Species Program, U.S. Fish and Wildlife
Service, 4401 N. Fairfax Drive, Room 420, Arlington, VA 22203;
telephone 703-358-2171; facsimile 703-358-1735. If you use a
telecommunications device for the deaf (TDD), call the Federal
Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Information Requested
For the status review to be complete and based on the best
available scientific and commercial information, we request information
on 11 Poecilotheria species (see list in Table 1, below) from
government agencies (including foreign national and provincial
governments within the range of each of these species), the scientific
community, industry, and any other interested parties. We seek
information on:
(1) Each species' biology, range, and population trends, including:
(a) Habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns;
(d) Historical and current population levels, and current and
projected population trends;
(e) Potential threats to each species, such as harvest, domestic
and foreign trade, habitat destruction, intentional killing, or other
threats not identified; and
(f) Past and ongoing conservation measures for each species or its
habitat.
(2) The factors that are the basis for making a listing
determination for a species or subspecies under section 4(a) of the Act
(16 U.S.C. 1531 et seq.), which are:
(a) The present or threatened destruction, modification, or
curtailment of their 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 each species'
continued existence.
(3) The potential effects of climate change on each species and its
habitat.
Please include sufficient information with your submission (such as
full references) to allow us to verify any scientific or commercial
information you include. Submissions merely stating support for or
opposition to the action under consideration without providing
supporting information, although noted, will not be considered in
making a determination. Section 4(b)(1)(A) of the Act directs that
determinations as to whether any species is an endangered or threatened
species must be made ``solely on the basis of the best scientific and
commercial data available.''
You may submit your information concerning this status review by
one of the methods listed in the ADDRESSES section. If you submit
information via http://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the
Web site. If you submit a hard copy that includes personal identifying
information, you may request at the top of your document that we
withhold this personal identifying information from public review.
However, we cannot guarantee that we will be able to do so. We will
post all hard copy submissions on http://www.regulations.gov.
Information and supporting documentation that we received and used
in preparing this finding will be available to review at http://www.regulations.gov, or you may make an appointment during normal
business hours at the U.S. Fish and Wildlife Service, Endangered
Species Program, Branch of Foreign Species (see FOR FURTHER INFORMATION
CONTACT).
Evaluation of Information for a 90-Day Finding on a Petition
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations at 50 CFR part 424 set forth the procedures for adding a
species to, or removing a species from, the Federal Lists of Endangered
and Threatened Wildlife and Plants. A species may be determined to be
an endangered or threatened species due to one or more of the five
factors described in section 4(a)(1) of the Act:
(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.
In making this 90-day finding, we evaluated whether information
regarding threats to each species, as presented in the petition and
other information available in our files, is substantial, thereby
indicating that the petitioned action may be warranted. Our evaluation
of this information is presented in Appendix A. in Docket No. FWS-HQ-
ES-2013-0107 on http://www.regulations.gov.
Background
Section 4(b)(3)(A) of the Act requires that we make a finding on
whether a petition to list, delist, or reclassify a species presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted. We are to base this finding on
information provided in the petition, supporting information submitted
with the petition, and information otherwise available in our files. To
the maximum extent practicable, we are to make this finding within 90
days of our receipt of the petition and publish our notice of the
finding promptly in the Federal Register.
Our standard for substantial scientific or commercial information
within the Code of Federal Regulations (CFR) with regard to a 90-day
petition finding is ``that amount of information that would lead a
reasonable person to believe that the measure proposed in the petition
may be warranted'' (50 CFR 424.14(b)). If we find that substantial
scientific or commercial information was presented, we are required to
promptly initiate a species status review, which we subsequently
summarize in our 12-month finding.
Petition History
We received a petition, dated October 29, 2010, from WildEarth
Guardians requesting that the following 11 eastern hemisphere
``tarantuala'' species in the genus Poecilotheria be listed under the
Act as endangered or threatened: Poecilotheria fasciata; P. formosa; P.
hanumavilasumica; P. metallica; P. miranda; P. ornata; P. pederseni; P.
rufilata; P. smithi; P. striata; and P. subfusca (see Table 1 for
common
[[Page 72624]]
names associated with each of these species). The petition clearly
identified itself as such and included the requisite identification
information for the petitioner, as required by 50 CFR 424.14(a). This
finding addresses the petition.
Evaluation of Petition
The 11 species named in the petition include six species native to
India and five native to Sri Lanka (Table 1). All 11 species named in
the petition have multiple common names (Table 1) and are therefore
referred to by their scientific names throughout this finding.
Table 1--List of Species in This 90-Day Finding
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Species Common name(s) Current range
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Poecilotheria fasciata.......... banded parachute Sri Lanka.
spider, Sri
Lankan ornamental
tarantula, lemon-
legged tiger
spider, Thada
kaha iri padethi
divimakuluwa.
Poecilotheria formosa........... beautiful India.
parachute spider,
finely formed
parachute spider,
Salem ornamental
tarantula.
Poecilotheria hanumavilasumica.. Rameshwaram India.
parachute spider,
Rameshwaram
ornamental.
Poecilotheria metallica......... peacock parachute India.
spider, Gooty
ornamental
tarantula, Gooty
tarantula,
metallic
tarantula,
peacock
tarantula,
Salepurgu.
Poecilotheria miranda........... wonderful India.
parachute spider,
red parachute
spider.
Poecilotheria ornata............ ornate parachute Sri Lanka.
spider, fringed
ornamental
tarantula, yellow-
legged tiger
spider, Kaha iri
padethi
divimakuluwa.
Poecilotheria pederseni......... Hambantota Sri Lanka.
parachute spider,
Pederseni's tiger
spider, Pederseni
divimakuluwa.
Poecilotheria rufilata.......... reddish parachute India.
spider, rufus
parachute spider,
redslate
ornamental
tarantula.
Poecilotheria smithi............ Kandy parachute Sri Lanka.
spider, Smith's
tiger spider,
Sithge
divimakuluwa.
Poecilotheria striata........... striped parachute India.
spider, striated
parachute spider,
Mysore ornamental
tarantula.
Poecilotheria subfusca.......... brown parachute Sri Lanka.
spider, ivory
ornamental
tarantula, ivory
bird-eating
tarantula, Eth
dala peha iri
padethi
divimakuluwa.
------------------------------------------------------------------------
Poecilotheria is a genus of very large, ornate spiders that occur
in northeastern and southern India and central and southern Sri Lanka
(Petition, p. 1). Poecilotheria species are arboreal and occur in mesic
and xeric montane forests where they are generally found under the bark
or in natural cavities of trees. Of the 11 species named in the
petition, P. fasciata occurs in xeric forests. The remaining 10 species
occur in mesic forests (Petition, p. 8). Poecilotheria species appear
to differ in their tolerance of altered habitat (Petition, p. 9). The
primary factors indicated in the petition as causing these species to
face extinction or endangerment include destruction of forest habitat,
collection for the pet trade, intentional killing, inadequate
regulatory mechanisms, range restrictions and rarity, and cumulative
threats.
Information provided in the petition and in the references cited in
the petition regarding current ranges and population trends is
summarized below.
Indian Species
P. formosa: This species is reported from three sites in two areas
of the southern Eastern Ghats in southern India. Population information
is not available. Based on the ecology and behavior of other closely
related Poecilotheria species, and current threats, the population is
assumed to be decreasing. The species is categorized on the
International Union for the Conservation of Nature (IUCN) Red List as
Endangered (Molur et al. 2008b).
P. hanumavilasumica: This species is endemic to the Ramanthapuram
district, southern India, where it is restricted to a few plantations.
The species has been recorded from eight subpopulations that vary in
size from 4 to 78 individuals. The species' population is reported to
be decreasing. It is categorized on the IUCN Red List as Critically
Endangered (Siliwal et al. 2008a).
P. metallica: This species is known from a single location in
Andhra Pradesh, India. It is described as likely being very rare.
Population information is not available, but the population is assumed
to be decreasing. The species is categorized on the IUCN Red List as
Critically Endangered (Molur et al. 2008a).
P. miranda: The species is recorded from only a few locations in
the Chhota Nagpur region of northeast India. Population information is
not available, but the species is described as rare. The population is
assumed to be decreasing. The species is categorized on the IUCN Red
List as Endangered (Siliwal et al. 2008b; IUCN 2001, pp. 18-20).
P. rufilata: The species is endemic to the southern Western Ghats,
in southern India. The species is reported from six isolated locations.
Population information is not available, but the species is assumed to
be decreasing. It is categorized on the IUCN Red List as Endangered
(Siliwal et al. 2008c; IUCN 2001, pp. 18-20).
P. striata: The species is found in the Western Ghats just north
and south of the Palghat gap, in southern India. It has been reported
from fewer than 10 isolated locations, with spider abundance varying
depending on the habitat. Population information is not available. The
species is categorized on the IUCN Red List as Vulnerable (Siliwal et
al. 2008d; IUCN 2001, pp. 21-22).
Sri Lankan Species
P. fasciata: Historically the species is known from eight locations
in central Sri Lanka (Petition, p. 6, citing several sources). In a
2003-2005 survey of Sri Lankan Poecilotheria, three individuals of this
species were recorded in central Sri Lanka. One individual was recorded
in Kurunagala, and one individual was recorded at each of two different
sites in Naula (Samarawckrama et al. 2005, pp. 76, 83).
P. ornata: Historically the species is known from five locations in
southern Sri Lanka (Petition, p. 7, citing several sources). In a 2003-
2005 survey of Sri Lankan Poecilotheria, six individuals of this
species were recorded in central and southern Sri Lanka. One individual
was recorded in Kitulgala Forest Reserve (in Central Province), two
individuals were recorded in Udamaliboda, Deraniyagala (in Sabaragamuwa
Province), and three
[[Page 72625]]
individuals were recorded in Sinharaja World Heritage Site (in Southern
Province) (Samarawckrama et al. 2005, pp. 76, 83). IUCN Sri Lanka
(2007, p. 131) categorizes this species as ``near threatened,'' that
is, it is very close to qualifying for or is likely to qualify for a
threatened category in the near future.
P. pederseni: Historically the species is known only from its type
locality in Hambantota District (in Southern Province) (Petition, p. 7,
citing several sources). In a 2003-2005 survey of Sri Lankan
Poecilotheria, six individuals of this species were recorded in
Hambantota. Three were recorded from Bundala National Park, and three
from Madunagala Sanctuary (Samarawckrama et al. 2005, pp. 76, 83).
P. smithi: The species is known only from two locations in south
central Sri Lanka--Haragama and Kandy (Petition, p. 7, citing several
sources). In a 2003-2005 survey of Sri Lankan Poecilotheria, no P.
smithi were recorded (Samarawckrama et al. 2005, pp. 76, 83). IUCN Sri
Lanka (2007, p. 48) categorizes this species as vulnerable.
P. subfusca: Historically the species is known from seven locations
in south-central Sri Lanka (Petition, p. 7, citing several sources). In
a 2003-2005 survey of Sri Lankan Poecilotheria, 20 individuals of this
species were recorded in central Sri Lanka: One each from Dotulugala
reserve and Gannoruwa Village, Kandy (in Central Province); and 18 in
Gannoruwa forest, though 15 of the 18 were juveniles. IUCN Sri Lanka
(2007, p. 131) categorizes this species as ``near threatened,'' that
is, it is very close to qualifying for or is likely to qualify for a
threatened category in the near future.
In results of a survey of the genus in Sri Lanka, Samarawckrama et
al. (2005, p. 76) indicate that they consider the five Sri Lankan
Poecilotheria species to be endangered.
Finding
On the basis of our review under section 4(b)(3)(A) of the Act, we
determine that the petition presents substantial scientific or
commercial information indicating that listing these 11 Poecilotheria
species as endangered or threatened may be warranted. This finding is
based on information provided in the petition regarding the five
factors: The present or threatened destruction, modification, or
curtailment of its habitat or range (Factor A); overutilization for
commercial, recreational, scientific, or educational purposes (Factor
B); disease and predation (Factor C); the inadequacy of existing
regulatory mechanisms (Factor D); and other natural or manmade factors
affecting the species' continued existence (Factor E).
Based on information provided in the petition, in the sources cited
in the petition, and readily available in our files, we find that the
petition presents substantial information indicating that the
petitioned action may be warranted for all 11 petitioned species as a
result of habitat destruction or degradation through impacts associated
with human activities (Factor A), collection for the pet trade (Factor
B), small populations or limited and fragmented range (Factor E), and
the cumulative impacts of threats (Factors E). Further, we find that
the petitioned action may be warranted for P. formosa, P.
hanumavilasumica, P. rufilata, and P. striata as a result of the threat
of intentional killing (Factor E), and for P. fasciata, P. ornata, P.
pederseni, P. smithi, and P. subfusca as a result of the inadequacy of
existing regulatory mechanisms (Factor D).
Because we have found that the petition presents substantial
information indicating that listing these 11 Poecilotheria species may
be warranted, we are initiating a status review to determine whether
listing these 11 species under the Act as endangered or threatened
species is warranted.
The ``substantial information'' standard for a 90-day finding
differs from the Act's ``best scientific and commercial data'' standard
that applies to a 12-month finding as to whether a petitioned action is
warranted. A 90-day finding is not a status assessment of the species
and does not constitute a status review under the Act. Our final
determination as to whether a petitioned action is warranted is not
made until we have completed a thorough status review of the species,
which is conducted following a 90-day finding that a petition presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted (``substantial 90-day finding'').
Because the Act's standards for 90-day and 12-month findings are
different, as described above, a substantial 90-day finding does not
necessarily mean that the 12-month finding will result in a warranted
finding.
References Cited
A complete list of all references cited in this 90-day finding is
available on the Internet at http://www.regulations.gov at Docket No.
FWS-HQ-ES-2013-0107 or upon request from the Branch of Foreign Species,
Endangered Species Program, U.S. Fish and Wildlife Service (see FOR
FURTHER INFORMATION CONTACT).
Author
The primary author of this finding is staff of the Branch of
Foreign Species, Endangered Species Program, U.S. Fish and Wildlife
Service.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: November 13, 2013.
Steve Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2013-28553 Filed 12-2-13; 8:45 am]
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