Proposed Rule2026-07513
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Jamaican Kite Swallowtail
Primary source
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Published
April 17, 2026
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), propose to list the Jamaican kite swallowtail (Eurytides marcellinus), a butterfly species from Jamaica, as an endangered species under the Endangered Species Act of 1973, as amended (Act). After a review of the best scientific and commercial data available, we find that listing the species is warranted. If we finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species.
Full Text
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[Federal Register Volume 91, Number 74 (Friday, April 17, 2026)]
[Proposed Rules]
[Pages 20610-20619]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07513]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2026-0397; FXES1111090FEDR-267-FF09E21000]
RIN 1018-BI66
Endangered and Threatened Wildlife and Plants; Endangered Species
Status for Jamaican Kite Swallowtail
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
list the Jamaican kite swallowtail (Eurytides marcellinus), a butterfly
species from Jamaica, as an endangered species under the Endangered
Species Act of 1973, as amended (Act). After a review of the best
scientific and commercial data available, we find that listing the
species is warranted. If we finalize this rule as proposed, it would
add this species to the List of Endangered and Threatened Wildlife and
extend the Act's protections to the species.
DATES: We will accept comments received or postmarked on or before June
16, 2026. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. eastern time on the closing date. We must receive requests for a
public hearing, in writing, by June 1, 2026 either at <a href="http://www.regulations.gov">http://www.regulations.gov</a> at FWS-HQ-ES-2026-0397, which is the docket number
for this rulemaking, or at the address shown in FOR FURTHER INFORMATION
CONTACT.
ADDRESSES: Comment submission: All submissions must include the docket
number (FWS-HQ-ES-2026-0397) for this document. You must submit
comments using one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter FWS-HQ-ES-2026-0397,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the panel on the left side of
the screen, under the Document Type heading, check the Proposed Rule
box to locate this document. You may submit a comment by clicking on
``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-HQ-ES-2026-0397, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
Comments submitted through any method not authorized in this
document, or sent to an address not listed here, will not be
considered. We will not accept comments via email, fax, or hand
delivery. We are not required to consider comments that are submitted
after the comment period ends or that are submitted via a method
outside of these instructions. Comments containing profanity,
vulgarity, threats, or other inappropriate content will not be
considered.
We will post all comments at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. You may
request that we withhold personal identifying information from public
review; however, we cannot guarantee that we will be able to do so (see
Information Requested, below, for more information).
Availability of supporting materials: Supporting materials, such as
the species status assessment report, are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-HQ-ES-2026-0397.
FOR FURTHER INFORMATION CONTACT: Rachel London, Manager, Branch of
Delisting and Foreign Species, Ecological Services Program, U.S. Fish
and Wildlife Service; 703-358-2171; <a href="/cdn-cgi/l/email-protection#93e1f2f0fbf6ffccfffcfdf7fcfdd3f5e4e0bdf4fce5"><span class="__cf_email__" data-cfemail="97e5f6f4fff2fbc8fbf8f9f3f8f9d7f1e0e4b9f0f8e1">[email protected]</span></a>. 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.
Please see Docket No. FWS-HQ-ES-2026-0397 on <a href="https://www.regulations.gov">https://www.regulations.gov</a> for a document that summarizes this proposed rule.
SUPPLEMENTARY INFORMATION:
Information Requested
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from other governmental agencies (including
foreign governments within the range of the species), Native American
Tribes, the scientific community, industry, or any other interested
parties concerning this proposed rule. We particularly seek comments
concerning:
(1) The species' biology, range, and population trends, including:
(a) Biological or ecological requirements of the species, including
habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns
and the locations of any additional populations of this species;
(d) Historical and current population levels, and current and
projected trends; and
(e) Past and ongoing conservation measures for the species, its
habitat, or both.
(2) Threats and conservation actions affecting the species,
including:
(a) Factors that may be affecting the continued existence of the
species, which may include habitat destruction, modification, or
curtailment, overutilization, disease, predation, the inadequacy of
existing regulatory mechanisms, or other natural or manmade factors;
(b) Biological, commercial trade, or other relevant data concerning
any threats (or lack thereof) to this species; and
(c) Existing regulations or conservation actions that may be
addressing threats to this species.
(3) Additional information concerning the historical and current
status of this species.
(4) If we conclude the species is threatened instead of endangered,
information to assist us with applying or issuing protective
regulations under section 4(d) of the Act (a ``4(d) rule'') that would
be necessary and advisable to provide for the conservation of the
species. In particular, we seek
[[Page 20611]]
information concerning the following for such a 4(d) rule:
(a) The extent to which we should include any of the Act's section
9(a)(1) prohibitions (including import, export, take, activities with
unlawfully taken specimens, and activities in interstate or foreign
commerce); and
(b) Whether we should consider any modifications or additional
exceptions from the prohibitions.
Please include any supplemental information with your submission
(such as scientific journal articles or other publications) to allow us
to verify any scientific or commercial information you include.
Please note that submissions merely stating support for, or
opposition to, the action under consideration without providing
supporting information, although noted, do not provide substantial
information necessary to support a determination, as section 4(b)(1)(A)
of the Act directs that determinations as to whether any species is an
endangered or a threatened species must be made solely on the basis of
the best scientific and commercial data available.
You must submit your comments and materials concerning this
proposed rule by one of the methods listed in ADDRESSES. We request
that you send comments only by the methods described in ADDRESSES.
If you submit information via <a href="https://www.regulations.gov">https://www.regulations.gov</a>, your
entire submission--including any personal identifying information--will
be posted on the website. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so. We
will post all hardcopy submissions on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Our final determination may differ from this proposal because we
will consider all comments we receive during the comment period as well
as any information that may become available after this proposal. Based
on the new information we receive (and, if relevant, any comments on
that new information), we may conclude that the species is threatened
instead of endangered, or we may conclude that the species does not
warrant listing as either an endangered species or a threatened
species. If we conclude that the species is threatened, we would also
comply with section 4(d) of the Act and issue the protective
regulations that are necessary and advisable to provide for the
conservation of the species, including applying any section 9(a)
prohibitions. In our final rule, we will clearly explain our rationale
and the basis for our final decision, including why we made changes, if
any, that differ from this proposal.
Public Hearing
Section 4(b)(5) of the Act provides for a public hearing on this
proposal, if requested. Requests must be received by the date specified
in DATES. Such requests must be sent to the address shown in FOR
FURTHER INFORMATION CONTACT. We will schedule a public hearing on this
proposal, if requested, and announce the date, time, and place of the
hearing, as well as how to obtain reasonable accommodations, in the
Federal Register. We may hold the public hearing in person or virtually
via webinar. We will announce any public hearing on our website, in
addition to the Federal Register. The use of virtual public hearings is
consistent with our regulations at 50 CFR 424.16(c)(3).
Previous Federal Actions
On January 10, 1994, we received a petition from Ms. Dee E.
Warenycia to list seven foreign swallowtail butterflies, including the
Jamaican kite swallowtail (Eurytides marcellinus), as endangered or
threatened species under the Act. On May 10, 1994, we published a 90-
day finding in which we announced that the petition contained
substantial information indicating that listing may be warranted for
all seven species in the Federal Register (59 FR 24117). On December 7,
2004, we published our finding that listing the species was warranted
but precluded by higher priority actions (69 FR 70580), and it was
added to our list of candidate species with a listing priority number
(LPN) of 5. A full description of the listing priority system was
published on September 21, 1983 (69 FR 70580). Briefly, LPNs ranging
from 1--12 are assigned to candidate species based on taxonomy, and the
magnitude and immediacy of threats, with lower numbers indicating
higher priority. In 2007, we published the Annual Description of
Progress on Listing Actions, assigning the Jamaican kite swallowtail an
LPN of 8, which it held in subsequent publications until 2009 (72 FR
20184, April 23, 2007; 73 FR 44062, July 29, 2008; 74 FR 40540, August
12, 2009). On May 3, 2011, we published our finding that the listing
priority number was reevaluated, and the species was assigned an LPN of
2 to reflect the imminent threats of high magnitude (76 FR 25150).
Subsequent Annual Notice of Review (ANOR) and Candidate Notice of
Review (CNOR) documents published from 2013 to 2025 continued to assign
a LPN of 2 to the Jamaican kite swallowtail due to imminent threats of
high magnitude (78 FR 24604, April 25, 2013; 81 FR 71457, October 17,
2016 84 FR 54732, October 10, 2019; 86 FR 43470, August 9, 2021; 87 FR
26152, May 3, 2022; 88 FR 41560, June 27, 2023; 90 FR 48912, October
31, 2025). In this proposed rule, we use the valid taxonomic entity
Eurytides marcellinus (see Taxonomy, below).
Peer Review
A species status assessment (SSA) team prepared an SSA report for
the Jamaican kite 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 with the National Marine
Fisheries Services (NMFS) on peer review that 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
and recovery actions under the Act (<a href="https://www.fws.gov/sites/default/files/documents/peer-review-policy-directors-memo-2016-08-22.pdf">https://www.fws.gov/sites/default/files/documents/peer-review-policy-directors-memo-2016-08-22.pdf</a>), we
solicited independent scientific review of the information contained in
the Jamaican kite swallowtail SSA report. We solicited reviews from
three independent peer reviewers and received two responses. The peer
reviews can be found at <a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-
HQ-ES-2026-0397. In preparing this proposed rule, we incorporated the
results of these reviews, as appropriate, into the SSA report, which is
the foundation for this proposed rule.
Summary of Peer Reviewer Comments
As discussed in Peer Review, above, we received comments from two
peer reviewers on the draft SSA report. We reviewed all comments we
received from the peer reviewers for substantive issues and new
information regarding the contents of the SSA report. The reviewers
generally concurred with our methods and the conclusions of our
assessment. The reviewers provided clarifying information about the
condition of breeding sites, imminent
[[Page 20612]]
threats, observation records, distribution of the species, impact of
host plant removal, and an additional reference. This information was
incorporated into the SSA report (Service, 2025, entire) and did not
result in substantive changes to the conclusions of the assessment of
the species status.
Taxonomy
The Jamaican kite swallowtail (Eurytides marcellinus) is a
butterfly in the Papilionidae (swallowtail) family. In 1845, it was
named Protesilaus marcellinus (Brown and Heineman 1972, p. 340), which
is still used along with other variations for the genus (i.e.,
Protographium, Eurytides, and Protesilaus). Protographium marcellinus
is used by the International Union for the Conservation of Nature
(IUCN) and Catalogue of Life (Gimenez Dixon 1996, p. 1; Catalogue of
Life, unpaginated). Recently, it has been reclassified into genus
Eurytides and subgenus Mimoides after genetic analysis (Reboud et al.
2025, p. 392). Other common names for the species include the Jamaican
blue kite swallowtail and blue swallowtail.
Proposed Listing Determination
Background
The Jamaican kite swallowtail is a butterfly species endemic to
Jamaica. The species has been observed throughout the island; however,
breeding habitat is restricted to four small areas where dense stands
of the larval host plant, black lancewood (Oxandra lancelota), are
found (Turner and Turland 2017, pp. 143, 459). These breeding sites are
limited to areas where 2 meters (m) (6.6 feet (ft)) tall black
lancewood trees occur in dense 100 m x 100 m (328 ft x 328 ft) stands,
with trunks averaging 3 m (9.8 ft) apart and lower limbs touching
(Turner and Turland 2017, pp. 141, 459; 2022, unpaginated; Hayes-Sutton
et al. 2023, p. 11). Breeding sites are located at Rozelle, Lancewood
Valley, Rio Bueno, and Cockpit Country in St. Thomas, St. Catherine,
St. Ann, and Trelawny parishes, respectively.
Females deposit pale blue-green eggs on the underside of black
lancewood leaves, which turn brown before hatching (Turner and Turland
2017, p. 141). After 14-16 days, the larvae hatch and navigate toward
new growth on the host plant to feed and develop through five distinct
instar stages with black, orange, brown, and green patterns that differ
slightly between each stage (Turner and Turland 2017, pp. 141-142).
When larvae reach roughly 35 millimeters (mm) (1.4 inches (in)), they
descend into the leaf litter at least 50 centimeters (cm) (19.7 in) in
depth beneath the host plant where humidity can be up to 10 percent
higher than ambient conditions (Hayes-Sutton et al. 2023, p. 11; Turner
and Turland 2025, p. 34). The pupae form a 15 mm (0.6 in) chrysalis,
which is protected in a shelter composed of overlapping leaves held
together with silk (Turner and Turland 2017, p. 142). Most pupae enter
diapause, usually in response to drought, for up to 191 days or until
sufficient rainfall (75-125 mm (3-4.9in) within 1-4 days) triggers
emergence. These rainfall events also trigger growth of new leaf buds
on the host plant which will provide food for the next generation of
the butterfly larvae (Turner and Turland 2017, pp. 142, 459).
Adults are present for 14 days and primarily emerge in two annual
broods observed in April-July and September-November, after
synchronized emergence from the chrysalis (Turner and Turland 2017, p.
142). The average adult wingspan of the Jamaican kite swallowtail
ranges from 59 mm-63 mm (2.3-2.5 in), and the wings are blue- and
black-striped with a red spot near the thorax on the dorsal side, and a
red stripe on the ventral side of the wings (Turner and Turland 2017,
p. 141). The head, thorax, and abdomen are off-white with black
markings, and the species is not sexually dimorphic (Turner and Turland
2017, p. 141). Adults have been observed feeding on a wide range of
nectaring plants, most notably Spathelia sorbifolia (Turner and Turland
2025, p. 39). Females remain at the breeding site while males disperse
throughout the island; however, the fate of dispersing males has not
been documented (Hayes-Sutton et al. 2023, p. 21). Historical
observations of mass migrations consisting of an estimated 750,000
individuals in favorable years occurred up until 1966, prior to
extensive habitat destruction at the Rozelle breeding site (Turner and
Turland 2025, p. 45). Today, most migrations consist of less than one
hundred individuals. Migrations of a few hundred individuals may be
observed in favorable years, and some years yield no sightings of
migrating adults (Turner and Turland 2025, p. 45).
A thorough review of the taxonomy, life history, and ecology of the
Jamaican kite swallowtail is presented in the SSA report (version 1.2;
Service 2025, pp. 6-15).
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.
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
[[Page 20613]]
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 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 National Marine Fisheries Service (hereafter, the Services) 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
scientific and commercial data available 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 available
regarding the status of the species, including an assessment of the
potential threats to the species. The SSA report does not represent our
decision on whether the species should be proposed for listing as an
endangered or threatened species under the Act. However, it does
provide the scientific basis that informs our regulatory decisions,
which involve the further application of standards within the Act and
its implementing regulations and policies.
To assess Jamaican kite swallowtail 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 (and 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' future condition, including responses to
positive and negative environmental and anthropogenic influences.
Throughout all of these stages, we used the best scientific and
commercial data available to characterize viability as the ability of a
species to sustain populations in the wild over time, which we then
used to inform our regulatory decision.
The following is a summary of the key results and conclusions from
the SSA report; the full SSA report can be found at Docket No. FWS-HQ-
ES-2026-0397on <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 the
species and its resources, and the threats that influence the species'
current and future condition, in order to assess the species' overall
viability and the risks to that viability.
Species Needs
The Jamaican kite swallowtail is restricted to Jamaican limestone
forests. Breeding only occurs at four small sites where dense stands of
its only known larval host plant, black lancewood, are found.
Sufficient leaf litter (50 cm (19.7 in)) must be present to provide
protection and suitable conditions for the pupae during diapause.
Rainfall events totaling 75-125 mm (3-4.9 in) within 1-4 days are
needed to break diapause and trigger emergence, which coincides with
emergence of leaf buds on the host plant. Adults are known to feed on a
variety of nectaring plants; however, larvae feed exclusively on the
host plant.
Threats
Deforestation and Loss of Host Plant--Deforestation and loss of the
black lancewood is the leading cause of decline in Jamaican kite
swallowtail populations. Black lancewood trees are in high demand in
Jamaica for use for making cabinets, fishing equipment, and
agricultural uses (Turner and Turland 2017, p. 459). Once a heavily
forested island, Jamaica has experienced fluctuating area of forest
cover, which was estimated at 47.9 percent of the island as of 2023
(Forestry Department, Government of Jamaica 2024a, p. 5). Jamaican
forests are threatened by mining, quarrying, brushfires (slash-and-burn
agriculture), livestock grazing, illegal logging, encroachment of
development, and natural disasters (Government of Jamaica 2016,
entire). Charcoal-making and fires resulting from charcoal burning are
also noted as drivers of deforestation and habitat loss in Jamaica and
have been observed near Jamaican kite swallowtail breeding habitat
(Ecosystems Quality Management Limited and Negril 2025, pp. 181-182;
Turner and Turland 2025, p. 44). Reforesting efforts have aimed to
convert unused agricultural lands into secondary forests, which is now
the most common forest type in Jamaica accounting for 37 percent of all
forest area (Forestry Department, Government of Jamaica 2024a, pp. 28,
42). As a result, the majority of Jamaica's forests are degraded,
disturbed, or reforested, with only 7.7 percent of the island described
as primary broadleaf forest (Government of Jamaica 2016, p. 23).
Deforestation at the Rozelle breeding site has been documented over
several decades. In 1967, the documented area of black lancewood trees
at Rozelle totaled 5.2 kilometers (km)\2\ (2.0 miles (mi)\2\); however,
most of these plants were destroyed in 1971 for cattle grazing and
charcoal making, then subsequently
[[Page 20614]]
converted to housing (Turner and Turland 2017, p. 459). Today, the
total area of black lancewood trees at Rozelle totals approximately 1
km\2\ (0.39 mi\2\), roughly an 80 percent reduction in breeding habitat
since 1967 (Turner and Turland 2025, p. 41). A planned housing
development would further impact this site, and an environmental impact
assessment for the project has identified the need for mitigation to
protect the Jamaican kite swallowtail (Ecosystems Quality Management
Limited and Negril 2025, entire).
The Lancewood Valley site covers 0.25 km\2\ (0.01 mi\2\) and is
situated within the Hellshire Hills in the Portland Bright Protected
Area (PBPA). Despite protections, extensive forest loss has occurred in
the area surrounding this breeding site (Tole 2002, p. 586). Vegetation
has been cleared to make way for trails and improve access to the
forest, and lumber is commonly used by households in the area (Tole
2002, p. 587; Turner and Turland 2025, p. 42). Between 1987 and 1992,
36 percent of forest cover in the PBPA was lost, averaging 7 percent
per year (Tole 2002, p. 586). Illegal harvesting of trees occurs in
this area, primarily to be used as firewood or for making charcoal,
which is noted to be a source of income in the surrounding community
(Caribbean Coastal Area Management Foundation (C-CAMF) 2013, pp. 13-
29). Lack of resources, inadequate enforcement, and poorly delineated
boundaries are allowing for illegal harvesting and forest misuse to
continue (C-CAMF 2013, pp. 35-37). A study conducted in this area found
that dry forests in the Hellshire Hills are slow to recover, and it is
estimated to take 45.4 years for above-ground biomass to return to its
original state following clear cutting (Ni[ntilde]o et al. 2014, p.
1093).
The Rio Bueno site is estimated to be roughly 1.05 km\2\ (0.41
m\2\) on the northern coast of Jamaica. Here, most of the smaller black
lancewood trees in this area have been harvested, and the site is
believed to support a very small population of Jamaican kite
swallowtails (Turner and Turland 2025, p. 42). Many of the remaining
Lancewood trees were removed for road construction to improve access to
nearby mining operations and subsequent forest thinning has occurred.
It has been estimated that 20 percent of this site remained as of 2017
(Turner and Turland 2025, p. 42).
The Cockpit Country breeding site is a remote area estimated to be
less than 1 km\2\ (0.39 mi\2\) that is known for distorted growth of
black lancewood trees, making them unsuitable for common uses (Turner
and Turland 2025, p. 42). Consequently, deforestation has not yet
impacted this breeding site. Deforestation is occurring in the greater
Cockpit Country, which is a popular area for illegal logging, and
nearby forests are subject to increasing exploitation with the
development of new roads (Newman et al. 2011, unpaginated). Development
projects near the borders of the protected area are increasing access
to the forest, challenging legal boundaries, and encroaching into the
protected area at a rate of 0.6 km\2\ (0.23 mi\2\) per year along
access roads (Turner and Turland 2025, pp. 44-45; Altink 2023, entire).
Extreme Weather Events--Extreme weather events including drought,
tropical storms, hurricanes, and wildfires are frequent in Jamaica
(Rhiney 2015, pp. 103-107). Warming trends in the Caribbean are
expected to drive changes in precipitation patterns and increase the
intensity of extreme weather events (Forestry Department, Government of
Jamaica 2024a, p. 9; IPCC 2023, unpaginated). Islands in the Caribbean
are expected to experience a decrease in frequency of tropical storms
but an increase in storm intensity, which may lead to more destructive
weather events (Mycoo et al. 2022, p. 2045; IPCC 2023, unpaginated).
Intense storms, such as hurricanes, can damage Caribbean forest
ecosystems, causing defoliation, flooding, landslides, erosion, and
direct mortality of organisms (Tanner et al. 1991, entire). For
example, on October 28, 2025, Hurricane Melissa made landfall in
Jamaica as a category 5 hurricane, causing extensive damage and
defoliation in the Cockpit Country, as observed via satellite imaging.
We are not aware of any information regarding the extent of the impact
to the Jamaican kite swallowtail or its breeding sites at this time,
and we request any available information be submitted as public comment
as described above in Information Requested.
Jamaica's precipitation patterns are characterized by a dry season
from December to April and a bimodal wet season, with a midsummer
drought during July and August (Centella-Artola et al. 2015, pp. 1909-
1910). Drying is expected throughout the island, with rainfall
decreasing by 4.34 to 43.28 percent in coastal areas and 9.70 to 37.03
percent in interior areas by the end of the century (Forestry
Department, Government of Jamaica 2017, p. 25). Models predict a 2 to 3
percent decrease in annual precipitation with 2.0 [deg]C (3.6 [deg]F)
and 2.5 [deg]C (4.5 [deg]F) warming, respectively, and drying mostly
affecting the summer months (Curtis et al. 2014, p. 3; Taylor et al.
2018, pp. 216-219). As a result, droughts, particularly in the summer,
are expected to increase in frequency and intensity (Taylor et al.
2018, pp. 2921-2924; International Panel on Climate Change (IPCC) 2023,
unpaginated). The Jamaican kite swallowtail is capable of undergoing
diapause to survive normal midsummer droughts; however, extended
drought periods would likely impact the success of adult emergence if
rainfall is insufficient to break diapause. In years without sufficient
rainfall to trigger an emergence of adults to coincide with new growth
of shoots and leaf buds of the host plant, mortality of eggs and larvae
is high (Turner and Turland 2017, p. 464). Black lancewood may have
some degree of drought tolerance. However, new growth is dependent on
precipitation and terminal leaf buds remain dormant in the drier months
(Turner and Turland 2025, p. 38). New growth is essential for Jamaican
kite swallowtail larvae survival as a food source and to replace
harvested trees to maintain adequate host plant densities (Turner and
Turland 2025, p. 39).
Prolonged drought increases the risk of wildfires, with fire
frequency peaking in the driest months. However, this is not part of
the natural ecology in dry limestone forests of Jamaica (Charlton et
al. 2021, p. 9; Hayes-Sutton et al. 2023, p. 20). Fire frequency is
influenced by precipitation and temperature patterns with drying during
the wet season correlated with higher fire frequency (Charlton et al.
2021, pp. 16-18). Anthropogenic activity such as charcoal-making and
slash-and-burn agriculture further increase the risk of uncontrolled
wildfires (Turner and Turland 2017, p. 457). Increasing wildfire
frequency threatens remaining Jamaican kite swallowtail colonies by
engulfing stands and burning pupae in the leaf litter beneath the host
plants (Turner and Turland 2017, p. 457).
Collection--Illegal collection and trade of the species may have
occurred within the last 30 years (Melisch and Sch[uuml]tz, 2000, p.
93). Specimens were available to purchase online for $150 USD in 2006
(Turner and Turland 2025, p. 44). Today, opportunities to collect adult
Jamaican kite swallowtails are considered very limited due to their
rarity and short time frame in which adults emerge; in some years
adults may not be observed (Turner and Turland 2025, p. 44). Any level
of trade would be considered a threat to the species because of the
limited population. However, there is no evidence suggesting that trade
is currently a threat to the species.
[[Page 20615]]
Conservation Efforts and Regulatory Mechanisms
The Jamaican kite swallowtail is not listed under the Conventionon
International Trade in Endangered Species of Fauna and Flora (CITES).
However, the species is protected under Jamaica's Wild Life Protection
Act of 1945, which prohibits the taking or possession of any animal (or
part of an animal) listed under the Act, with maximum fines of 100,000
Jamaican dollars (approximately $638.00 USD) and two years in jail (Law
No. 143/2001), entire). The Forest Act of 1996 and the Forest
Regulations Act of 2001 have increased the power of Jamaican
authorities to protect the island's forests (Gartner et al. 2008, pp.
9-10). These Acts include mandates to determine the biodiversity in the
forest as well as the ability to acquire private lands as forest
reserves (Gartner et al. 2008, p. 9). Two subpopulations of the
Jamaican kite swallowtail occur in protected areas, the Portland Bight
Protected Area and the Cockpit Country Forest Reserve, where laws
prohibit logging without proper licensing. However, habitat destruction
within these areas continues despite these protections due to limited
enforcement and efficacy of regulations (Chenoweth et al. 2001, p.
654). Conservation plans have been put forth to address forest crimes,
such as illegal logging. However, it is unclear whether these policies
have been effective because large-scale illegal logging operations
continue to threaten biodiversity (Government of Jamaica 2016, pp. 47-
48; Forestry Department, Government of Jamaica 2024b, p. 1).
The Jamaican government prioritizes restoration and reforestation
and has developed conservation plans and initiatives. (Government of
Jamaica, 2016, entire). Many of these initiatives such as the National
Tree Planting Initiative, do not focus on black lancewood because it is
not currently a species of concern (Forestry Department, Government of
Jamaica 2025, unpaginated). The Jamaican kite swallowtail was included
in Jamaica's National Strategy and Action Plan on Biological Diversity
in 2003, which established specific plans for protected areas in
Rozelle and the Cockpit Country (National Environment Planning Agency
(NEPA) 2003, p. 54). Additionally, a conservation action plan was
developed for the species at the Lancewood Valley breeding site (Hayes-
Sutton et al. 2023, entire). However, these high priority projects have
not been initiated due to funding and capacity constraints (NEPA 2013,
pp. 38, 50; V. Turland pers. comm. 2025).
Cumulative Effects
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 the 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.
Current Condition
The Jamaican kite swallowtail has been described as Jamaica's most
endangered butterfly and has been considered extremely rare since 1985
(Collins and Morris 1985, p. 19; Turner and Turland 2017, p. 464).
Recently, experts have proposed the species be reclassified as
critically endangered on the IUCN Red List, due to habitat restriction
and fluctuating populations estimated to total 50 to 250 mature
individuals, based on observation of adult migrations (Turner and
Turland 2025, p. 46). To our knowledge, this is the best available
population estimate available for the species. Historically, the
species was known to maintain low populations for multiple years before
periodic mass migrations consisting of thousands of individuals
(Collins and Morris 1985, p. 206). Observations of mass migrations
consisting of an estimated 750,000 individuals in favorable years
occurred up until 1966, prior to extensive habitat destruction at the
Rozelle breeding site (Turner and Turland 2025, p. 45). The last
recorded mass migration (over 1,000 individuals) from any breeding site
occurred in 2006, originating from the Cockpit Country site (Turner and
Turland 2017, p. 463). Today, most migrations consist of less than one
hundred individuals, migrations of a few hundred individuals may be
observed in favorable years, and some years yield no sightings of
adults (Turner and Turland 2025, p. 45). The absence of large
migrations consisting of over 100 individuals, which were historically
frequent occurrences, indicates that populations have substantially
decreased over time (reduced resiliency).
The leading causes of Jamaican kite swallowtail population declines
are deforestation, reduced area of breeding habitat, and loss of its
host plant, black lancewood (Turner and Turland 2025, pp. 40-44)
(reduced resiliency and redundancy). Habitat degradation and
deforestation have been documented at three of the four breeding sites.
The resiliency of each subpopulation may differ slightly due to unique
characteristics, threats, and protections at each breeding site.
Currently, breeding sites are estimated to cover a very limited area,
each ranging from 0.25-1.05 km\2\ (0.01-0.41 mi\2\), with a combined
area of 2.5 km\2\ (0.97 mi\2\; Turner and Turland 2025, p. 46). It is
estimated that the total area of these four breeding sites in 1965 was
8.75 km\2\ (3.38 mi\2\), and 70 percent overall loss of breeding
habitat has occurred. Thus, the species resiliency and redundancy have
decreased over time (Turner and Turland 2025, p. 45). Recovery
potential at many of these sites is limited due to loss of the host
plant, which is required in specific densities to support reproduction
and larval recruitment (Turner and Turland 2017, pp. 141, 459; 2022,
unpaginated). The Jamaican kite swallowtail's reliance on a single
species of host plant for larval development, coupled with its low
population density, indicates that the species is unable to adapt to
the threat of deforestation and loss of the host plant (limited
representation).
Redundancy of the species is inherently low as it is a narrow
endemic only found within limestone forests where dense stands of at
least 2-m (6-ft) tall black lancewood trees are present. While
observations of adults have been noted throughout the island, the
majority of the species' lifecycle is restricted to four confirmed
breeding sites of limited area (Turner and Turland 2025, pp. 40-43).
Small and increasingly isolated colonies of the Jamaican kite
swallowtail are subject to both demographic isolations and stochastic
events that can contribute to loss of genetic diversity (reduced
representation) and local extirpations (reduced resiliency and
redundancy) caused by habitat loss, predation, disease, and stochastic
environmental events, such as storms (Davies et al. 2004, pp. 265-271).
Imminent development projects threaten two of the four breeding sites,
and impacted subpopulations will likely experience further declines and
potential extirpation without effective mitigation that has generally
not taken place previously due to limited enforcement and efficacy of
regulations as well as funding and capacity constraints
[[Page 20616]]
Future Condition
As part of the SSA, we considered the future magnitude of threats
of deforestation, loss of the larval host plant, and extreme weather
events, and the projected responses of the Jamaican kite swallowtail.
We assumed that current trends are likely to continue into the future
and that the species' responses would remain similar to observed
responses in current conditions. Because we determined that the current
condition of the Jamaican kite swallowtail is consistent with an
endangered species (see Determination of Status, below), we are not
presenting the results of the assessment of magnitude and extent of
future threats in this proposed rule. Please refer to the SSA report
(Service 2025) for the full analysis of future magnitude of threats.
Determination of Status Background
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations at 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 requires that we determine whether a
species meets the definition of an endangered species or a threatened
species because of any of the following factors: (A) The present or
threatened destruction, modification, or curtailment of its habitat or
range; (B) overutilization for commercial, recreational, scientific, or
educational purposes; (C) disease or predation; (D) the inadequacy of
existing regulatory mechanisms; or (E) other natural or manmade factors
affecting its continued existence. We consider these five factors and
the species' responses to these factors when making these
determinations.
Section 3 of the Act defines ``endangered species'' and
``threatened species.'' An endangered species is any species which is
in danger of extinction throughout all or a significant portion of its
range, and a threatened species is any species which is likely to
become an endangered species within the foreseeable future throughout
all or a significant portion of its range. Both definitions include not
only the phrase ``throughout all,'' but also the phrase ``or a
significant portion of its range.'' Thus, there are ultimately four
bases for listing a species under the Act (in danger of extinction
throughout all of its range, in danger of extinction throughout a
significant portion of its range, likely to become an endangered
species within the foreseeable future throughout all of its range, or
likely to become an endangered species within the foreseeable future
throughout a significant portion of its range). These four bases are
made up of two classifications (either endangered or threatened) and
two components (either throughout all of its range or throughout a
significant portion of its range).
Beginning in 2001, a number of judicial opinions addressed our
interpretation of the phrase ``or a significant portion of its range''
(the SPR phrase) in the statutory definitions of ``endangered species''
and ``threatened species.'' In Defenders of Wildlife v. Norton, 258
F.3d 1136 (9th Cir. 2001) regarding the flat-tailed horned lizard, the
court held that the interpretation of the SPR phrase that we had
applied in analyzing the status of the flat-tailed horned lizard was
unacceptable because it would allow for a species to warrant listing
throughout a significant portion of a species' range only when the
species ``is in danger of extinction everywhere'' (id. at 1141). The
court held that the SPR phrase must be given independent meaning from
the ``throughout all'' phrase to avoid making the SPR phrase in the
statute superfluous.
In an attempt to address the judicial opinions calling into
question our approach to evaluating whether a species was endangered or
threatened throughout a significant portion of its range, the Service
and NMFS (collectively, ``the Services'') published a ``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'' (hereafter ``2014 SPR Policy''; 79 FR 37578,
July 1, 2014). The notice of the draft 2014 SPR Policy provides more
detail about litigation before 2014 regarding the phrase (76 FR 76987,
Dec. 9, 2011). The 2014 SPR Policy included 4 elements:
(1) Consequence--that the consequence of determining that a species
warrants listing based on its status in a significant portion of its
range is to list the species throughout all of its range;
(2) Significance--a definition of the term ``significant'';
(3) Range--that the species' ``range'' is the current range of the
species; and
(4) DPS--that, if a [vertebrate] species is endangered or
threatened in an SPR and the population in that SPR is a distinct
population segment (DPS), the Service will list just the DPS.
Subsequently, two district courts vacated the definition of
``significant'' contained in the 2014 SPR Policy (Ctr. for Biological
Diversity v. Jewell, 248 F. Supp. 3d 946, 959 (D. Ariz. 2017) (``CBD v.
Jewell'') and Desert Survivors v. U.S. Department of the Interior, 321
F. Supp. 3d 1011, 1070-74 (N.D. Cal. 2018) (``Desert Survivors'')). The
courts found that the definition in the 2014 SPR Policy set too high a
threshold and rendered the SPR language in the statute superfluous,
failing to give it independent meaning from the ``throughout all''
phrase. In 2020, another court (Ctr. for Biological Diversity v.
Everson, 435 F. Supp. 3d 69 (D.D.C. 2020) (``Everson'')) also vacated
the specific aspect of the 2014 SPR Policy under which, ``if the
Services determine that a species is threatened throughout all of its
range, the Services will not analyze whether the species is endangered
in a significant portion of its range'' (id. at 98). This was an
extension of the definition of ``significant,'' which required a
stepwise process in which we only considered whether a species may be
endangered or threatened throughout a significant portion of its range
when the species was not endangered or threatened throughout all of its
range. In an extension of the earlier rulings from CBD v. Jewell and
Desert Survivors, the court found that this aspect of the definition of
the 2014 SPR Policy was not only inconsistent with the statute because
it ``rendered the `endangered in a significant portion of its range'
basis for listing superfluous,'' but was also ``inconsistent with
[Endangered Species Act] principles'' and ``not a logical outgrowth
from the draft policy.'' Under this ruling, if we find a species is not
in danger of extinction throughout all of its range, we must evaluate
whether the species is in danger of extinction throughout a significant
portion of its range, even in cases where we have determined that the
species is likely to become in danger of extinction within the
foreseeable future (threatened) throughout all of its range. The
remaining three elements of the 2014 SPR Policy remain intact.
In short, the courts have directed that the definition of
``significant'' must afford the phrase ``or a significant portion of
its range'' an independent meaning from the ``throughout all of its
range'' phrase. Therefore, to determine whether any species warrants
listing, we determine for each classification (endangered and
threatened) the appropriate component to evaluate (throughout all of
its range or throughout a significant portion of its range).
We make this determination based on whether the best scientific and
commercial data available indicate that the species has a similar
extinction risk in all areas across its range (at a scale that is
biologically appropriate for that species). When a species has a
similar
[[Page 20617]]
extinction risk in all areas across its range, we determine its
regulatory status using the component ``throughout all of its range.''
For example, in some cases there is no way to divide a species' range
in a way that is biologically appropriate. This could be because the
range is so small that there is only one population or because the
species functions as a metapopulation such that effects to one
population directly result in effects to another population. On the
other hand, when the species' extinction risk varies across its range,
we determine its regulatory status using the component ``throughout a
significant portion of its range.''
For either classification (endangered or threatened), we consider
the five factors and the species' responses to those factors regardless
of which component (throughout all of its range or throughout a
significant portion of its range) we have determined is appropriate for
that classification. When assessing whether a species is endangered or
threatened throughout a significant portion of its range, we address
two questions because we must determine whether there is any portion of
the species' range for which both (1) the portion is ``significant''
and (2) the species is in danger of extinction or likely to become in
danger of extinction within the foreseeable future throughout that
portion. We may address either question first. Regardless of which
question we address first, if we reach a negative answer with respect
to the first question that we address, we do not need to evaluate the
other question for that portion of the species' range.
Determination of Jamaican Kite Swallow's Status
We propose listing the Jamaican kite swallowtail as an endangered
species because it is in danger of extinction throughout all of its
range. As stated above, when the species has similar extinction risk in
all areas across its range (at a scale that is biologically appropriate
for that species), we determine its classification based upon its
regulatory status throughout all of its range. Here, there is no way to
divide this species' range at a scale that is biologically appropriate
for a classification determination because the Jamaican kite
swallowtail functions as a single population that occurs within four
small areas of breeding habitat, and the threats affect the species
such that it has similar extinction risk throughout its entire range
due to the limited size of each breeding site and the susceptibility of
the sites to habitat loss and extreme weather events. Thus, there is no
possible portion to evaluate. Therefore, we assessed the Jamaican kite
swallowtail status based upon the ``throughout all of its range''
component.
In undertaking this analysis of whether the Jamaican kite
swallowtail is in danger of extinction throughout all of its range, we
reviewed the best scientific and commercial data available regarding
threats to the species, its responses to those threats, and any
associated conservation measures. We then assessed the cumulative
effects of those threats and conservation measures under the Act's
section 4(a)(1) factors. We examined the following threats:
deforestation, loss of the larval host plant, and extreme weather
events, including cumulative effects. The species is a narrow endemic
with a small area (2.5 km\2\ (0.97 mi\2\)) of remaining breeding
habitat across four small sites within Jamaica (Factor A). Each of the
breeding sites, including those in protected areas, are threatened with
destruction or degradation due to development, mining, logging, or
stochastic events such as hurricane or extended drought (Factors A and
D). The small size of breeding sites and narrow distribution increases
the risk that the entire species habitat could be impacted by single
catastrophic events simultaneously. The Jamaican kite swallowtail has
specialized life history and specific habitat needs, and is unable to
complete its lifecycle without stands of black lancewood of a specific
size and density, a tree that is preferentially harvested. The species
has experienced precipitous population declines, with current
population estimates of 50 to 250 individuals. The threats of extreme
weather events (e.g., storms, fires, droughts) are increasing in
frequency and magnitude, increasing the risk of habitat destruction.
After evaluating threats to the species, its responses to those
threats and any associated conservation measures, and assessing the
cumulative effects of those threats and conservation measures under the
Act's section 4(a)(1) factors, we find that the Jamaican kite
swallowtail has greatly declined in abundance due to an estimated 70-80
percent loss of breeding habitat and that within its small amount of
remaining breeding habitat, it is at risk of additional breeding
habitat losses and exposure to extreme weather events (Factor A). Due
to the imminence and magnitude of threats, and limited adaptive
capacity of the species, we have determined that the Jamaican kite
swallowtail has low resiliency, redundancy and representation such that
the species is in danger of extinction. We further find that declines
have not been curtailed under current regulatory mechanisms (Factor D),
and that the species is at risk of extinction despite current
regulations. A threatened species status is not appropriate because the
threats to the species are ongoing and have already resulted in the
species being in danger of extinction.
Determination of Status
Based on the best scientific and commercial data available, we
determine that the Jamaican kite swallowtail meets the Act's definition
of an endangered species because it is in danger of extinction
throughout all of its range. Therefore, we propose to list the Jamaican
kite swallowtail as an endangered species in accordance with sections
3(6) and 4(a)(1) of the Act.
Available Conservation Measures
The primary purpose of the Act is the conservation of endangered
and threatened species and the ecosystems upon which they depend. The
ultimate goal of such conservation efforts is the recovery of these
listed species, so that they no longer need the protective measures of
the Act.
Conservation measures provided to species listed as endangered or
threatened species under the Act include recognition as a listed
species, planning and implementation of recovery actions, requirements
for Federal protection, and prohibitions against certain practices.
Recognition through listing results in public awareness and
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. The protection required
by Federal agencies, including the Service, and the prohibitions
against certain activities are discussed, in part, below.
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 destroy 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
[[Page 20618]]
of designated critical habitat. With respect to the Jamaican kite
swallowtail, no known actions require consultation under section
7(a)(2) of the Act. Given the regulatory definition of ``action'' at 50
CFR 402.02, which clarifies that it applies to activities or programs
carried out ``in the United States or upon the high seas,'' the
Jamaican kite swallowtail is unlikely to be the subject of section 7
consultations, because the entire lifecycle of the species occurs in
terrestrial areas outside of the United States and the species is
unlikely to be affected by U.S. Federal actions. Additionally, no
critical habitat will be designated for the 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. In contrast, section 7(a)(4) of the Act requires Federal
agencies to confer with the Service on any action which is likely to
jeopardize the continued existence of any species.
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
prohibitions and exceptions that apply to endangered wildlife. The
prohibitions of section 9(a)(1) of the Act, and the Service's
implementing regulations codified at 50 CFR 17.21, make it illegal for
any person subject to the jurisdiction of the United States to commit,
to attempt to commit, to solicit another to commit or to cause to be
committed any of the following acts with regard to any endangered
wildlife: (1) import into, or export from, the United States; (2) take
(which includes harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct)
within the United States, within the territorial sea of the United
States, or on the high seas; (3) possess, sell, deliver, carry,
transport, or ship, by any means whatsoever, any such wildlife that has
been taken illegally; (4) deliver, receive, carry, transport, or ship
in interstate or foreign commerce, by any means whatsoever and in the
course of commercial activity; or (5) sell or offer for sale in
interstate or foreign commerce. Certain exceptions to these
prohibitions apply to employees or agents of the Service, the National
Marine Fisheries Service, other Federal land management agencies, and
State conservation agencies.
We may issue permits to carry out otherwise prohibited activities
involving endangered wildlife 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. For example, the
provisions in section 9(b)(1) of the Act (16 U.S.C. 1538(b)(1)) provide
a limited exemption from certain otherwise prohibited activities
regarding wildlife specimens held in captivity or in a controlled
environment on the date they were first subject to the Act, provided
that such holding and any subsequent holding or use of the wildlife was
not in the course of a commercial activity (commonly referred to as
``pre-Act'' specimens). Therefore, if a Jamaican kite swallowtail is
held in captivity prior to receiving protections under the Act (and the
holding is not in the course of commercial activity), several
activities are allowed without the need for a permit in accordance with
section 9(b)(1) of the Act.
Section 9(b)(1) was amended in the 1982 amendments to the Act (96
Stat. 1426-27), to clarify that the scope of the 9(b)(1) exemption is
limited to only certain section 9(a)(1) prohibitions, that the
exemption does not apply to pre-Act wildlife held or used in the course
of a commercial activity on or after the pre-Act date for the species,
and that the pre-Act date for species first listed after the enactment
of the Act is the date of publication in the Federal Register of the
final regulation adding such species to the List of Endangered and
Threatened Wildlife for the first time (H.R. Rep. No. 97-835, 97th
Cong., 2nd Sess., at 35 (1982) (Conf. Rep.); S. Rep. No. 97-418, 97th
Cong., 2nd Sess., at 24-25 (1982)). Specifically, section 9(b)(1) of
the Act states that the prohibitions of sections 9(a)(1)(A) and
9(a)(1)(G) shall not apply to any fish or wildlife which was held in
captivity or in a controlled environment on (A) December 28, 1973, or
(B) the date of the publication in the Federal Register of a final
regulation adding such fish or wildlife to any list of species
published pursuant to section 4(c) of the Act (as relevant to listed
wildlife, the list of endangered and threatened wildlife (50 CFR
17.11(h)) that such holding and any subsequent holding or use of the
fish or wildlife was not in the course of a commercial activity.
Therefore, for pre-Act wildlife, there is a limited exemption from
the prohibitions associated with: (1) import into, or export from the
United States of any endangered wildlife, or (2) violation of
regulations pertaining to threatened or endangered wildlife. Other
prohibitions of section 9--including those at section 9(a)(1)(B)-(F),
regarding take of endangered wildlife, possession and other acts with
unlawfully taken wildlife, interstate or foreign commerce in endangered
wildlife, and sale or offer for sale of endangered wildlife--continue
to apply to activities with qualifying endangered pre-Act wildlife
specimens. For threatened species, prohibitions are promulgated by
regulation under section 4(d) of the Act, and a specimen may qualify
for the exemption in 9(a)(1)(G) with regard to regulatory violations.
Specimens born after the listing date and specimens taken from the wild
after the listing date do not qualify as pre-Act wildlife under the
text of section 9(b)(1) of the Act. If a person engages in any
commercial activity with a pre-Act specimen, the wildlife would
immediately cease to qualify as pre-Act wildlife and become subject to
the relevant prohibitions, because it has been held or used in the
course of a commercial activity.
Additional requirements apply to activities with all Jamaican kite
swallowtails, separate from their listing or proposed listing as an
endangered species or threatened species. As ``fish or wildlife'' (16
U.S.C. 1532(8)), Jamaican kite swallowtail imports and exports must
also meet applicable wildlife import/export requirements established
under section 9, paragraphs (d), (e), and (f), of the Act (16 U.S.C.
1538(d), (e), and (f)); the Lacey Act Amendments of 1981 (16 U.S.C.
3371 et seq.); and 50 CFR part 14.
Required Determinations
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
[[Page 20619]]
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.
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> and upon request from
the Branch of Delisting and Foreign Species (see FOR FURTHER
INFORMATION CONTACT).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Plants,
Reporting and recordkeeping requirements, Transportation, Wildlife.
Signing Authority
Brian Nesvik, Director of the U.S. Fish and Wildlife Service,
approved this action on March 16, 2024, for publication. On April 14,
2026, Brian Nesvik authorized the undersigned to sign the document
electronically and submit it to the Office of the Federal Register for
publication as an official document of the U.S. Fish and Wildlife
Service.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as set forth below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless
otherwise noted.
0
2. In Sec. 17.11, in paragraph (h), amend the List of Endangered and
Threatened Wildlife by adding an entry for ``Butterfly, Jamaican kite
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, Jamaican kite (Eurytides Wherever found..... E [Federal Register
swallowtail. marcellinus). citation when
published as a
final rule].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Madonna Baucum,
Regulations and Policy Chief, Division of Policy, Economics, Risk
Management, and Analytics of the Joint Administrative Operations, U.S.
Fish and Wildlife Service.
[FR Doc. 2026-07513 Filed 4-16-26; 8:45 am]
BILLING CODE 4333-15-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.