[Federal Register Volume 60, Number 17 (Thursday, January 26, 1995)]
[Rules and Regulations]
[Pages 5264-5267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1982]
[[Page 5263]]
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Part III
Department of the Interior
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Fish and Wildlife Service
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Endangered and Threatened Wildlife and Plants: Saint Francis' Satyr and
Hine's Emerald Dragonfly; Final Rules
Federal Register / Vol. 60, No. 17 / Thursday, January 26, 1995 /
Rules and Regulations
[[Page 5264]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC44
Endangered and Threatened Wildlife and Plants; Saint Francis'
Satyr Determined To Be Endangered
AGENCY: Fish and Wildlife Service, Interior Department.
ACTION: Final rule.
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SUMMARY: The Fish and Wildlife Service (Service) determines the Saint
Francis' satyr butterfly (Neonympha mitchellii francisci) to be an
endangered species under the authority of the Endangered Species Act of
1973, as amended (Act). This butterfly is known only from a single
locality in North Carolina. Recent heavy collecting pressure on this
butterfly has resulted in the one small remaining population being
reduced to near extinction. This action implements Federal protection
and recovery provisions for Saint Francis' satyr, as provided by the
Act.
EFFECTIVE DATE: February 27, 1995.
ADDRESSES: The complete file for this rule is available for inspection,
by appointment, during normal business hours at the Asheville Field
Office, U.S. Fish and Wildlife Service, 330 Ridgefield Court,
Asheville, North Carolina 28806.
FOR FURTHER INFORMATION CONTACT: Ms. Nora Murdock at the above address
(704/665-1195, Ext. 231).
SUPPLEMENTARY INFORMATION:
Background
Neonympha mitchellii francisci is a subspecies of one of two North
American species of Neonympha. One of the rarest butterflies in eastern
North America, it was described by Parshall and Kral in 1989 from
material collected in North Carolina. These authors estimated that the
single known population probably produced less than 100 adults per
year. Shortly thereafter, Saint Francis' satyr was reported to have
been collected to extinction (Refsnider 1991, Schweitzer 1989). The
species was rediscovered at the type locality in 1992 during the course
of a Service-funded status survey. Section 3 of the Act defines
``species'' to include ``any subspecies of fish or wildlife or plants,
and any distinct population segment of any species of vertebrate fish
or wildlife * * * .'' Therefore, although N. m. francisci is recognized
taxonomically as a subspecies, it will be referred to as a ``species''
throughout the remainder of this rule.
Saint Francis' satyr is a fairly small, dark brown butterfly and is
a typical member of the Satyrinae, a subfamily of the Nymphalidae
family, which includes many species commonly called satyrs and wood
nymphs. The wingspan for the species ranges from 34 to 44 mm (Opler and
Malikul 1992). Saint Francis' satyr and Mitchell's satyr (N. m.
mitchellii), the northern subspecies, which was listed as endangered on
May 20, 1992 (57 FR 21569), are nearly identical in size and show only
a slight degree of sexual size dimorphism (Hall 1993, Parshall and Kral
1989). Like most species in the wood nymph group, Saint Francis' satyr
has conspicuous ``eyespots'' on the lower surfaces of the wings. These
eyespots are dark maroon-brown in the center, reflecting a silver cast
in certain lights. The border of these dark eyespots is straw-yellow in
color, with an outermost border of dark brown. The eyespots are usually
round to slightly oval and are well developed on the forewing as well
as on the hind wing. The spots are accented by two bright orange bands
along the posterior wing edges and two darker brown bands across the
central portion of each wing. Saint Francis' satyr, like the northern
subspecies, can be distinguished from its North American congener, N.
areolata, by the latter's well-marked eyespots on the upper wing
surfaces and brighter orange bands on the hind wing as well by its
lighter coloration and stronger flight (Refsnider 1991, McAlpine et al.
1960, Wilsman and Schweitzer 1991, Hall 1993).
Saint Francis' satyr is extremely restricted geographically. The
northern subspecies has been eliminated from approximately half its
known range, primarily due to collecting (Refsnider 1991). Saint
Francis' satyr is now known to exist as a single population in North
Carolina.
The annual life cycle of N. m. francisci, unlike that of its
northern relative, is bivoltine. That is, it has two adult flights or
generations per year. Larval host plants are believed to be graminoids
such as grasses, sedges, and rushes. Little else is known about the
life history of this butterfly. The habitat occupied by this satyr
consists primarily of wide, wet meadows dominated by sedges and other
wetland graminoids. In the North Carolina sandhills, such meadows are
often relicts of beaver activity. Unlike the habitat of Mitchell's
satyr, the North Carolina species' habitat cannot properly be called a
fen because the waters of this sandhills region are extremely poor in
inorganic nutrients. Hall (1993) states:
Whereas true fens--apparently the habitat of the northern form
of N. mitchellii (Wilsman and Schweitzer 1991)--are circumneutral to
basic in pH and are long-lasting features of the landscape, the
boggy areas of the sandhills are quite acidic as well as ephemeral,
succeeding either to pocosin or swamp forest if not kept open by
frequent fire or beaver activity.
Hall (1993) further states:
Under the natural regime of frequent fires ignited by summer
thunderstorms, the sandhills were once covered with a much more open
type of woodland, dominated by longleaf pine, wiregrass, and other
fire-tolerant species. The type of forest that currently exists
along [the creek inhabited by Saint Francis' satyr] can only grow up
under a long period of fire suppression. The dominance on this site
of loblolly pine, moreover, is due primarily to past forestry
management practices, not any form of natural succession.
Parshall and Kral speculated that N. m. francisci is a relict from
a more widespread southern distribution during the Pleistocene period.
Hall (1993) presents the following alternative hypothesis:
The current narrow distribution of francisci could also be a
result of the enormous environmental changes that have occurred in
the southern coastal plain just within the past 100 years. Only the
discovery of additional populations or fossil remains can clarify
this situation.
Extensive searches have been made of suitable habitat in North
Carolina and South Carolina, but no other populations of this butterfly
have been found (Hall 1993, Schweitzer 1989).
Previous Federal Action
Federal government actions on this species began when it was
included as a category 2 species in the animal candidate review list
published on November 21, 1991 (56 FR 58804). Category 2 species are
those for which the Service believes that Federal listing as endangered
or threatened may be warranted but for which conclusive data on
biological vulnerability and threat are not currently available to
support proposed rules. Recent surveys conducted by Service and State
personnel led the Service to believe that sufficient information
existed to proceed with an emergency rule to list Neonympha mitchellii
francisci as endangered. The emergency rule was published on April 18,
1994 (59 FR 18324). A proposed rule (59 FR 18350) was published
simultaneously to initiate the formal listing process for this species.
[[Page 5265]]
Summary of Comments and Recommendations
In the April 18, 1994, proposed rule and associated notifications,
all interested parties were requested to submit factual reports or
information that might contribute to the development of a final rule.
Appropriate State agencies, county governments, Federal agencies,
scientific organizations, and other interested parties were contacted
and requested to comment. A newspaper notice inviting public comment
was published in the ``Fayetteville Observer,'' Fayetteville, North
Carolina, on May 6, 1994. Only one written comment was received, and
that letter expressed support for the proposal.
Summary of Factors Affecting the Species
After a thorough review and consideration of all information
available, the Service has determined that Saint Francis' satyr should
be classified as an endangered species. Procedures found at section
4(a)(1) of the Act and regulations (50 CFR part 424) promulgated to
implement the listing provisions of the Act were followed. A species
may be determined to be an endangered or threatened species due to one
or more of the five factors described in section 4(a)(1). These factors
and their application to Saint Francis' satyr (Neonympha mitchellii
francisci) are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Because of its relatively recent
discovery, it is impossible to determine what the original range of
Saint Francis' satyr might have been. However, based upon its
demonstrated dependency on periodic fires and the general trend of fire
suppression on private lands, it seems reasonable to assume that it
once occupied a more extensive area. This assumption is further
supported by extensive recent searches of suitable habitat where the
species could not be found. As stated by Hall (1993):
In order for francisci to have survived over the past 10,000
years, there must surely have been more populations and greater
numbers of individuals than apparently now exist * * * . As is true
for many species that were once widespread in the sandhills, massive
habitat alteration must also be a major factor in the diminution of
the range of francisci * * * reductions in francisci's range would
have accompanied the extensive loss of wetland habitats in the
coastal plain. Again, the draining of swamps, pocosins, Carolina
bays, savannas, flatwoods, and bogs for conversion to agriculture
and silviculture is well known. In the case of francisci, however,
the extirpation of beavers from the Carolinas may have been the
greatest factor.
Beavers had been virtually eliminated from North Carolina by the
turn of the century. Reintroductions began in 1939, but it was several
decades before they again became an agent for creation of the sedge
meadow habitats favored by Saint Francis' satyr (Hall 1993, Woodward
and Hazel 1991). Hall further states:
As the landscape mosaic of open woodlands and wetlands of the
coastal plain declined throughout the past two centuries, the range
of francisci must have become increasingly fragmented. Although
isolated populations may have persisted as long as suitable habitat
remained, the structure of their metapopulation would have been
destroyed. Opportunistic colonization of newly available habitats as
well as the repopulation of sites wiped clean by fire or other
catastrophe would have become eventually impossible; one by one, the
isolated remnants would have blinked out of existence. Although
again speculative, the fracturing of metapopulations has been used
to explain the decline of the arogos skipper and a number of
butterflies associated with the tall-grass prairies (Panzer, 1988,
D. Schweitzer, pers. comm.). That francisci was a relict to begin
with only exacerbated this problem; the overall effect was to bring
it as close to extinction as any butterfly in the country.
The sole surviving population of this species is now fragmented
into less than half a dozen small colonies that occupy a total area no
larger than a few square miles.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Both subspecies of Neonympha mitchellii are
highly prized by collectors, including commercial collectors who often
systematically collect every individual available. Several populations
of the northern subspecies are known to have been obliterated by
collectors, and others are believed extremely vulnerable to this threat
(Refsnider 1991). As mentioned in the Background section, the single
known population of Saint Francis' satyr was so hard-hit by collectors
in the 3 years following its initial discovery that it was believed to
have been collected to extinction. Subsequent to the emergency listing
of the northern subspecies in 1991 (56 FR 28828) and prior to the
publication of the emergency listing of Saint Francis' satyr, the North
Carolina population was the last site where Neonympha mitchellii could
legally be collected. Following the emergency listing of Mitchell's
satyr, the North Carolina Natural Heritage Program received several
inquiries from collectors about access to the last available
population. Several expressed apprehension about any restriction on
collecting of this rare and much-sought-after satyr. Collectors
reportedly visited the known site every day throughout the flight
periods, taking every adult they saw (Hall 1993). After this first wave
of over-collection, many unsuccessful searches for the butterfly were
made before it was eventually rediscovered. Numbers of individuals then
seen were much lower than those reported by Parshall and Kral (1989),
with the highest single count consisting of only 11 butterflies (Hall
1993). Even though part of this population is protected from collectors
by virtue of being within dangerous artillery impact areas on
Department of Defense (DOD) land, intensive collecting from the
periphery of these areas could reduce total population numbers below
the levels needed for long-term survival. Very little is known about
this species' life history and ecological requirements, but it appears
to be a more vagile species than its northern relative. It may well be
dependent upon a large metapopulation structure in order to colonize
new sites or recolonize those from which it has been extirpated.
C. Disease or predation. This butterfly, like others, is
undoubtedly consumed by predators, but there is no evidence that
predation is a threat to the species at this point. Disease is not
known to be a factor in its decline.
D. The inadequacy of existing regulatory mechanisms. Insects are
not protected from collection under North Carolina law. There are also
no DOD regulations that would restrict the collecting of Saint Francis'
satyr in North Carolina. Federal listing of this species will provide
legal protection against indiscriminate taking and illegal trade.
E. Other natural or manmade factors affecting its continued
existence. Although the habitat occupied by this species is dependent
upon some form of disturbance to set back succession (e.g., periodic
fire and/or beaver impoundments), intense fires at critical times
during the life cycle of the species can eliminate small colonies.
Historically, this would not have been a problem since there were
undoubtedly other adjacent populations that could recolonize extirpated
sites. However, the fact that only one population of this species now
remains makes it more vulnerable to such threats as catastrophic
climatic events, inbreeding depression, disease, and parasitism. Part
of the occupied area is adjacent to regularly traveled roads, where
there is the threat of toxic chemical spills into the species' wetland
habitat. Current military use of the impact areas is
[[Page 5266]] favorable to this species; the frequent fires associated
with shelling are undoubtedly a principal reason why the species is
surviving on military lands and not on surrounding private lands. DOD
personnel are aware of the species' plight and have been cooperative in
protection efforts. However, heavy siltation is a potential problem
that could threaten the small drainages occupied by the species.
Although troop movements directly through an area occupied by the satyr
could have negative impacts, this has not occurred to date; these
activities have now been directed away from areas where the satyr
occurs. Other potential threats to the species include pest control
programs (for mosquitoes or gypsy moths) and beaver control.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by this species in determining to make this rule
final. Based on this evaluation, the preferred action is to list Saint
Francis' satyr as endangered. With only one population remaining (and
this one having already been diminished by intensive collecting) and
with the other subspecies having been completely eliminated from half
the States where it historically occurred, the threat of over-
collection cannot be denied. The additional threats to the habitat from
fire exclusion and the lack of other processes that formerly created
suitable habitat make this species even more vulnerable to extinction.
Critical habitat is not being designated for the reasons discussed
below.
Critical Habitat
Critical habitat is defined in section 3 of the Act as: (i) the
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) that may require special management
considerations or protection and; (ii) specific areas outside the
geographical area occupied by a species at the time it is listed, upon
a determination that such areas are essential for the conservation of
the species. ``Conservation'' means the use of all methods and
procedures needed to bring the species to the point at which listing
under the Act is no longer necessary.
Section 4(a)(3) of the Act requires that, to the maximum extent
prudent and determinable, the Secretary designate critical habitat at
the time a species is determined to be endangered or threatened. The
Service finds that designation of critical habitat is not presently
prudent for this species. Service regulations (50 CFR 424.12(a)(1))
state that designation of critical habitat is not prudent when or both
of the following situations exist--(1) The species is threatened by
taking or other human activity, and identification of critical habitat
can be expected to increase the degree of threat to the species, or (2)
such designation of critical habitat would not be beneficial to the
species.
As discussed under Factor B in the Summary of Factors Affecting the
Species section, Saint Francis' satyr has already been impacted by
over-collecting and continues to be threatened by collecting pressure.
Publication of critical habitat descriptions and maps would make the
satyr more vulnerable to collection and would increase enforcement
problems and the likelihood of extinction. Protection of this species'
habitat will be addressed through the recovery process and through the
section 7 jeopardy standard. The single remaining population is located
on military lands, where the DOD is aware of its occurrence.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing encourages and results in
conservation actions by Federal, State, and private agencies, groups,
and individuals. The Act provides for possible land acquisition and
cooperation with the States and requires that recovery actions be
carried out for all listed species. The protection required of Federal
agencies and the prohibitions against certain activities involving
listed animals are discussed, in part, below.
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as
endangered or threatened and with respect to its critical habitat, if
any is being designated. Regulations implementing this interagency
cooperation provision of the Act are codified at 50 CFR part 402.
Section 7(a)(2) requires Federal agencies to ensure that activities
they authorize, fund, or carry out are not likely to jeopardize the
continued existence of a listed species or to destroy or adversely
modify its critical habitat. If a Federal action may affect a listed
species or its critical habitat, the responsible Federal agency must
enter into formal consultation with the Service.
Federal activities that could impact Saint Francis' satyr and its
habitat in the future include, but are not limited to, the following:
road and firebreak construction, pesticide application, beaver control,
troop movements, prescribed burning and fire suppression, and
facilities construction. The only known population is located on
military lands, where the DOD is already working with the Service to
secure the protection and proper management of Saint Francis' satyr
while accommodating military activities to the extent possible.
Conservation of this butterfly is consistent with most ongoing military
operations at the occupied site, and the listing of the species is not
expected to result in significant restrictions on military use of the
land.
The Act and implementing regulations found at 50 CFR 17.21 set
forth a series of general prohibitions and exceptions that apply to all
endangered wildlife. These prohibitions, in part, make it illegal for
any person subject to the jurisdiction of the United States to take
(includes harass, harm, pursue, hunt, shoot, wound, kill, trap, or
collect; or to attempt any of these), import or export, ship in
interstate commerce in the course of a commercial activity, or sell or
offer for sale in interstate or foreign commerce any listed species. It
also is illegal to possess, sell, deliver, carry, transport, or ship
any such wildlife that has been taken illegally. Certain exceptions
apply to agents of the Service and State conservation agencies.
It is the policy of the Service, published in the Federal Register
on July 1, 1994 (59 FR 34272), to identify to the maximum extent
practicable at the time of listing those activities that would or would
not constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of the effect of the listing on
proposed or ongoing activities within a species' range. Since Saint
Francis' satyr is currently only found on DOD lands, and since the DOD
is cooperating with the Service in protecting this species, there do
not appear to be any current military activities that would likely be a
violation of section 9.
Taking the species for butterfly collections or for sale, such as
has been done in the past, is prohibited. Possession of specimens
legally acquired would not be a violation. The Service is not aware of
any otherwise lawful activities being conducted or proposed by the
public that will be affected by this listing and result in a violation
of section 9. Questions [[Page 5267]] regarding whether specific
activities will constitute a violation of section 9 should be directed
to the Field Supervisor of the Service's Asheville Office (see
ADDRESSES section).
Permits may be issued to carry out otherwise prohibited activities
involving endangered wildlife species under certain circumstances.
Regulations governing permits are codified at 50 CFR 17.22 and 17.23.
Such permits are available for scientific purposes, to enhance the
propagation or survival of the species, and/or for incidental take in
connection with otherwise lawful activities. Requests for copies of the
regulations regarding listed wildlife and inquires about prohibitions
and permits should be addressed to the U.S. Fish and Wildlife Service,
Regional Permit Coordinator, 1875 Century Boulevard, Suite 200,
Atlanta, Georgia 30345 (404/697-7110, facsimile 404/679-7081).
National Environmental Policy Act
The Fish and Wildlife Service has determined that Environmental
Assessments and Environmental Impact Statements, as defined under the
authority of the National Environmental Policy Act of 1969, need not be
prepared in connection with regulations adopted pursuant to section
4(a) of the Endangered Species Act of 1973, as amended. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).
References Cited
Hall, S. 1993. A rangewide status survey of Saint Francis's satyr
Neonympha mitchellii francisci (Lepidoptera: Nymphalidae). Report to
U.S. Fish and Wildlife Service, Endangered Species Field Office,
Asheville, NC. 44 pp.
McAlpine, W., S. Hubble, and T. Pliske. 1960. The distribution,
habits, and life history of Euptychia mitchellii (Satyrinae). J.
Lep. Soc. 14:209-225.
Opler, P., and V. Malikul. 1992. A field guide to eastern
butterflies. Houghton Miflin Co., New York.
Parshall, D. K., and T. W. Kral. 1989. A new subspecies of Neonympha
mitchellii (French) (Satyrinae) from North Carolina. J. Lep. Soc.
43:114-119.
Refsnider, R. 1991. Emergency rule to list the Mitchell's satyr as
endangered. Federal Register 56(122):28825.
Schweitzer, D. 1989. A review of category 2 insects in the U.S. Fish
and Wildlife Service's Regions 3, 4, and 5. Report to the U.S. Fish
and Wildlife Service, Newton Corner, MA. Pp. 132-133.
Wilsman, L., and D. Schweitzer. 1991. A rangewide status survey of
Mitchell's satyr, Neonympha mitchellii mitchellii (Lepidoptera:
Nymphalidae). Report to the U.S. Fish and Wildlife Service, Region
3, Endangered Species Office, Twin Cities, MN.
Woodward, D., and R. Hazel. 1991. Beavers in North Carolina;
ecology, utilization, and management. Cooperative Extension Service
Publication No. AG-434, North Carolina State University, Raleigh,
NC.
Author
The primary author of this final rule is Ms. Nora Murdock (see
ADDRESSES section) (704/665-1195, Ext. 231).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Regulation Promulgation
Accordingly, part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, is amended as set forth below:
PART 17--[AMENDED]
(1) The authority citation for part 17 continues to read as
follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
(2) Section 17.11(h) is amended by adding the following, in
alphabetical order under ``Insects,'' to the List of Endangered and
Threatened Wildlife to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
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Species Vertebrate population
-------------------------------------------------- Historic range where endangered or Status When listed Critical Special
Common name Scientific name threatened habitat rules
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* * * * * * *
Insects
* * * * * * *
Butterfly, Saint Neonympha mitchellii U.S.A. (NC)............ NA..................... E 539E, 574 NA NA
Francis' satyr. francisci.
* * * * * * *
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Dated: December 21, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-1982 Filed 1-25-95; 8:45 am]
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