Rule2024-28430
Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Fluminense Swallowtail Butterfly, Harris' Mimic Swallowtail Butterfly, and Hahnel's Amazonian Swallowtail Butterfly
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 10, 2024
Effective
January 9, 2025
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), determine endangered species status under the Endangered Species Act of 1973 (Act), as amended, for three butterflies endemic to Brazil: the Fluminense swallowtail (Parides ascanius), Harris' mimic swallowtail (Eurytides (=Mimoides) lysithous harrisianus), and Hahnel's Amazonian swallowtail (Parides hahneli). This rule extends the Act's protections to these species.
Full Text
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[Federal Register Volume 89, Number 237 (Tuesday, December 10, 2024)]
[Rules and Regulations]
[Pages 99129-99138]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28430]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2023-0067; FXES1111090FEDR-256-FF09E21000]
RIN 1018-BG69
Endangered and Threatened Wildlife and Plants; Endangered Species
Status for the Fluminense Swallowtail Butterfly, Harris' Mimic
Swallowtail Butterfly, and Hahnel's Amazonian Swallowtail Butterfly
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine
endangered species status under the Endangered Species Act of 1973
(Act), as amended, for three butterflies endemic to Brazil: the
Fluminense swallowtail (Parides ascanius), Harris' mimic swallowtail
(Eurytides (=Mimoides) lysithous harrisianus), and Hahnel's Amazonian
swallowtail (Parides hahneli). This rule extends the Act's protections
to these species.
DATES: This rule is effective January 9, 2025.
ADDRESSES: This final rule, comments and materials we received on the
proposed rule, and supporting materials that we used in preparing this
rule, such as the species status assessment report, are available at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-HQ-ES-2023-0067.
FOR FURTHER INFORMATION CONTACT: Rachel London, Manager, Branch of
Delisting and Foreign Species, Ecological Services Program, U.S. Fish
and Wildlife Service, MS: ES, 5275 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:
Previous Federal Actions
Please refer to the proposed listing rule (88 FR 48414, July 27,
2023) for the Fluminense swallowtail butterfly, Harris' mimic
swallowtail butterfly, and Hahnel's Amazonian swallowtail butterfly for
a detailed description of previous Federal actions concerning these
species. Hereafter in this document, we will abbreviate their common
names by removing the word ``butterfly'' and referring to these species
as ``swallowtails.''
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 in
listing actions under the Act, we solicited independent scientific
review of the information contained in the Fluminense swallowtail,
Harris' mimic swallowtail, and Hahnel's Amazonian swallowtail SSA
report. As discussed in the proposed rule, we sent the SSA report to
seven independent peer reviewers and received four responses. The peer
reviews can be found at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In preparing the
proposed rule, we incorporated the results of these reviews, as
appropriate, into the SSA report, which was the foundation for the
proposed rule and this final rule. A summary of the peer review
comments and our responses can be found in the proposed rule (88 FR
48414).
Summary of Changes From the Proposed Rule
In preparing this final rule, we reviewed and fully considered all
public comments received during the comment period, and we make no
substantive changes from the July 27, 2023, proposed rule (88 FR
48414). We considered all relevant references provided by commenters in
our final determination and incorporated them into this final rule (see
Habitat Loss and Degradation and Capture, below).
Summary of Comments and Recommendations
In the proposed rule published on July 27, 2023 (88 FR 48414), we
requested that all interested parties submit written comments on the
proposal by September 25, 2023. We also contacted appropriate Federal
[[Page 99130]]
agencies, scientific experts and organizations, range country CITES
authorities and other appropriate agencies, and other interested
parties and invited them to comment on the proposal. We did not receive
any requests for a public hearing. All substantive information received
during the comment period has either been incorporated directly into
this final determination or is addressed below.
Public Comments
(1) Comment: One commenter suggested that the length of time
between when we were petitioned to list the three swallowtails in 1994
and the proposed listing in 2023 is too long, particularly because we
had determined the species warranted listing in 1994 but was precluded
by other priorities.
Our response: We recognize the length of time between first making
the three Brazilian swallowtails candidate species and this final
listing rule. For more information on our process and progress making
listing decisions with foreign species, see the most recently published
annual review of candidate species, annual notification of findings on
resubmitted petitions, and description of progress on listing actions
(88 FR 41560; June 27, 2023).
(2) Comment: One commenter claims there is not sufficient evidence
and data to list the three swallowtails.
Our response: We are required to make our determination based on
the best scientific and commercial data available at the time of our
rulemaking. We considered the best scientific and commercial data
available regarding the Fluminense swallowtail, Harris' mimic
swallowtail, and Hahnel's Amazonian swallowtail to evaluate their
status under the Act. We solicited peer review of our evaluation of the
available data, and our peer reviewers supported our analysis. Science
is a cumulative process, and the body of knowledge is ever-growing. In
light of this, the Service will always take new research into
consideration.
(3) Comment: One commenter claims the Service needs to assess the
economic impact of listing and designating critical habitat for the
three swallowtails.
Our response: The Act requires us to use the best scientific and
commercial data available in our listing determinations. The Act does
not allow us to consider the impacts of listing on economics or human
activities over the short term, long term, or cumulatively. No critical
habitat will be designated for the Fluminense swallowtail, Harris'
mimic swallowtail, nor Hahnel's Amazonian swallowtail. Under our
regulations at 50 CFR 424.12(g), we do not designate critical habitat
within foreign countries or in areas outside the jurisdiction of the
United States.
Final Listing Determination
Background
Taxonomy and Physical Description
The Fluminense swallowtail, Harris' mimic swallowtail, and Hahnel's
Amazonian swallowtail are all butterflies belonging to the Papilonidae
family. Swallowtail butterflies get their name from extended tails on
their hindwings; however, not all swallowtails possess this feature.
The Fluminense swallowtail (Parides ascanius) and Hahnel's Amazonian
swallowtail (Parides hahneli) are both full species in the multi-
species genus Parides (Tyler et al. 1994, pp. 179, 185; Racheli and
Olmisani 1998, p. 126; Racheli et al. 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 is a black-white-and-red butterfly 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 butterfly 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 the State of Rio de Janeiro and the southern part of
the State of Esp[iacute]rito Santo (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 et al. 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 more than 30 flowering plant species from 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). Both the number of subpopulations as well as the
numbers of individuals within each subpopulation have continually
declined, but total population estimates do not currently exist
(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 the State of Esp[iacute]rito
Santo. 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
[[Page 99131]]
1985, p. 209; Tyler, Hamilton A., Brown, and Wilson 1994, p. 179;
Xerces Society 2006, unpaginated). The Harris' 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 more colonies may have
recently been discovered, the current best available data indicates
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 is unknown, but the best available data 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 et al. 1994, p. 178; Racheli et al. 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).
Very limited information is available on the ecology, population
size, population trends, or sex ratio of Hahnel's Amazonian swallowtail
due to its extremely low densities and occurrence in remote regions. We
are unaware of any information on the number of generations per year,
life span, or duration of each life stage. 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 et al. 1994, p. 337; Racheli et al.
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. On April 5, 2024, jointly with the National Marine
Fisheries Service (NMFS), 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 what criteria we apply
when designating listed species' critical habitat (89 FR 24300). On the
same day, the Service published a final rule revising our protections
for endangered species and threatened species at 50 CFR part 17 (89 FR
23919). These final rules are now in effect and are incorporated into
the current regulations. Our analysis for this final decision applied
our current regulations. Given that we proposed listing this species
under our prior regulations (revised in 2019), we have also undertaken
an analysis of whether our decision would be different if we had
continued to apply the 2019 regulations; we concluded that the decision
would be the same. The analyses under both the regulations currently in
effect and the 2019 regulations are available on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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.
The Act does not define the term ``foreseeable future,'' which
appears in the statutory definition of ``threatened species.'' Our
implementing regulations
[[Page 99132]]
at 50 CFR 424.11(d) set forth a framework for evaluating the
foreseeable future on a case-by-case basis, which is further described
in the 2009 Memorandum Opinion on the foreseeable future from the
Department of the Interior, Office of the Solicitor (M-37021, January
16, 2009; ``M-Opinion,'' available online at <a href="https://www.doi.gov/sites/doi.opengov.ibmcloud.com/files/uploads/M-37021.pdf">https://www.doi.gov/sites/doi.opengov.ibmcloud.com/files/uploads/M-37021.pdf</a>). The foreseeable
future extends as far into the future as the Service and NMFS can make
reasonably reliable predictions about the threats to the species and
the species' responses to those threats. We need not identify the
foreseeable future in terms of a specific period of time. We will
describe the foreseeable future on a case-by-case basis, using the best
available data and taking into account considerations such as the
species' life-history characteristics, threat-projection timeframes,
and environmental variability. In other words, the foreseeable future
is the period of time over which we can make reasonably reliable
predictions. ``Reliable'' does not mean ``certain''; it means
sufficient to provide a reasonable degree of confidence in the
prediction, in light of the conservation purposes of the Act.
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 listed 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 the 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 data 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 FWS-HQ-ES-
2023-0067 on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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 et al. 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 comprises
only 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
[[Page 99133]]
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).
Deforestation in areas of Par[aacute] has continued and accelerated in
more recent years, with indication of a threefold increase in yearly
rates of deforestation in the period 2018-2021 compared to 2011-2018
(Kuschnig et al. 2023, pp. 4-5). Considering the life 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 is 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 and aesthetic 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; Wang et al. 2023, entire; 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 et al. 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 et al. 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 limited post-release
monitoring took place 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.). No captive-rearing efforts for the Harris'
mimic swallowtail or the Hahnel's Amazonian swallowtail are known.
Current Condition: Fluminense Swallowtail
The best available scientific and commercial data indicate the
[[Page 99134]]
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 et al. 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, 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, their
vulnerability increases 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 et al. 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
et al. 2023, p. 8). Current population estimates do not exist 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 et al. 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, the forest in
the Harris' mimic swallowtail's remaining range has experienced an
estimated 2.14 percent loss, 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 feed 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 that 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 swallowtail's 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 et al. 1994, p. 178; Racheli et
al. 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). In the period 2000-2020,
the range of the Hahnel's Amazonian swallowtail experienced 5.65
percent forest cover loss, and similar trends in forest loss occurred
between protected areas and non-protected areas (Service 2023, p. 24).
About 85 percent of forest cover remains in the species' known extent
of occurrence; however, 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 been found in only 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, gene
flow between populations is unlikely, 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
[[Page 99135]]
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 data
indicates that all three swallowtails' populations and distributions
will decline in the future. However, because we have determined 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 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 endangered species
or 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 the species vulnerable
to changing and shifting environmental conditions and catastrophic
events and has left it 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
[[Page 99136]]
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 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'' (Final Policy) (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 data
indicates that the Fluminense swallowtail, Harris' mimic swallowtail,
and Hahnel's Amazonian swallowtail meet the definition of an endangered
species. Therefore, we are listing 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, NMFS, 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.
[[Page 99137]]
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 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 effects of a 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 (<a href="/cdn-cgi/l/email-protection#68050906090f0d050d061c091d1c00071a011c11280e1f1b460f071e"><span class="__cf_email__" data-cfemail="bad7dbd4dbdddfd7dfd4cedbcfced2d5c8d3cec3fadccdc994ddd5cc">[email protected]</span></a>; 703-358-2104).
Required Determinations
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 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.
Regulation Promulgation
Accordingly, we 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 ``Butterfly, Fluminense
swallowtail'', ``Butterfly, Hahnel's Amazonian swallowtail'', and
``Butterfly, Harris' mimic swallowtail'' in alphabetical order under
INSECTS to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Listing citations
Common name Scientific name Where listed Status and applicable
rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Insects
* * * * * * *
Butterfly, Fluminense swallowtail Parides ascanius.... Wherever found...... E 89 FR [INSERT
FEDERAL REGISTER
PAGE WHERE THE
DOCUMENT BEGINS],
December 10, 2024.
Butterfly, Hahnel's Amazonian Parides hahneli..... Wherever found...... E 89 FR [INSERT
swallowtail. FEDERAL REGISTER
PAGE WHERE THE
DOCUMENT BEGINS],
December 10, 2024.
Butterfly Harris' mimic Eurytides Wherever found...... E 89 FR [INSERT
swallowtail. (=Mimoides) FEDERAL REGISTER
lysithous PAGE WHERE THE
harrisianus. DOCUMENT BEGINS],
December 10, 2024.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 99138]]
Gary Frazer,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024-28430 Filed 12-9-24; 8:45 am]
BILLING CODE 4333-15-P
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