[Federal Register Volume 59, Number 74 (Monday, April 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9219]
[[Page Unknown]]
[Federal Register: April 18, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC44
Endangered and Threatened Wildlife and Plants; Proposed Rule To
List the Saint Francis' Satyr as Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Fish and Wildlife Service (Service) proposes to list a
butterfly, the Saint Francis' satyr (Neonympha mitchellii francisci) as
an endangered species pursuant to the Endangered Species Act of 1973
(Act), as amended. This butterfly is known from a single locality in
North Carolina. Recent heavy collecting pressure has resulted in a
reduction of the only known population of this subspecies and is
believed to pose an imminent threat to the species' survival. Due to
the need to reduce or eliminate the likelihood of further collection,
an emergency rule is published elsewhere in today's Federal Register to
provide this butterfly with immediate protection under the Act for a
period of 240 days. Proposed listing, if made final, would implement
long-term Federal protection and allow for recovery measures in
accordance with the Act's provisions.
DATES: Comments from all interested parties must be received by June
17, 1994. Public hearing requests must be received by June 2, 1994.
ADDRESSES: Comments and material concerning this proposal should be
sent to the Field Supervisor, Asheville Field Office, U.S. Fish and
Wildlife Service, 330 Ridgefield Court, Asheville, North Carolina
28806. Comments and material received will be available for public
inspection, by appointment, during normal business hours at the above
address.
FOR FURTHER INFORMATION CONTACT:
Ms. Nora Murdock at the above address (704/665-1195, Ext. 231).
SUPPLEMENTARY INFORMATION:
Background
Saint Francis' satyr (Neonympha mitchellii francisci), one of the
rarest butterflies in eastern North America, was described by Parshall
and Kral (1989) from materials collected in North Carolina.
The authors estimate that the single known population probably
produces less than 100 adults annually. Shortly after its discovery in
1989, Saint Francis' Satyr was reported to have been collected to
extinction (Refsnider 1991, Schweitzer 1989). In 1992, the subspecies
was rediscovered at its type locality during the course of a Service-
funded status survey. 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 and wildlife. 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 of the
subfamily Satyrinae and the family Nymphalidae, which include many
species of butterflies commonly called satyrs and wood nymphs.
Neonympha m. francisci and N. m. mitchellii, the northern subspecies
which is listed as endangered (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). Saint Francis' satyr
has conspicuous ``eyespots'' (like most members in the wood nymph
group) on the lower surfaces of the wings, and these eyespots are a
dark maroon brown in the center--reflecting a silver cast in certain
light. The border of the eyespots is straw yellow with an outermost
border of dark brown. These eyespots, usually round to slightly oval,
are well developed on the fore and hind wings. The spots are
accentuated by two bright orange bands along the edges of the posterior
wing and by two darker brown bands across the central portion of each
wing. Saint Francis' satyr, as well as the nominate subspecies
mitchellii, can be distinguished from its congener, N. areolata, by the
latter's well-marked eyespots on the upper wings and brighter orange
bands on the hinds wings (Refsnider 1991, McAlpine et al. 1960. Wilsman
and Schweitzer 1991, Hall 1993).
Saint Francis' satyr is extremely restricted geographically and it
is presently known to exist only from a single population in North
Carolina. The annul life cycle of francisci unlike that of its northern
relative mitchellii, is bivoltine. It has two adult flights or
generations annually. Little is known about its life history, and
larval host plants are thought to be graminoids such as grasses,
sedges, and rushes. The habitat occupied by francisci consists
primarily of wide, wet meadows dominated by sedges and other wetland
graminoids. In the North Carolina sandhills, these wet meadows are
often relicts of beaver activity. These boggy areas are quite acidic
and ephemeral, succeeding to either pocosin or swamp forest if not kept
open by frequent fires or beaver activity.
The sandhills were once covered with an open type of woodland,
dominated by longleaf pine, wire grass, and other fire-tolerant
species. The type of forest that presently exists along the creek
inhabited by francisci can only mature under a long period of fire
suppression. Parshall and Kral (1988) speculate that francisci is a
relict from a more widespread southern distribution, and its current
limited distribution could also be a result of the enormous environment
changes that have taken place in the past 100 years within the southern
coastal plain. Extensive searches of other suitable habitat in North
Carolina and South Carolina have turned up no additional populations of
this butterfly (Hall 1993, Schweitzer 1989).
Federal actions on this species began on November 21, 1991 when it
was included as a Category 2 species in the Animal Notice of Review (56
FR 58804). Category 2 species are those species for which the Service
believes that Federal listing as endangered or threatened is possibly
appropriate, but for which conclusive data on biological vulnerability
and threat are currently not available to support a proposed rule.
Based on recent surveys conducted by Service and State personnel, the
Service now concludes that sufficient information exists to propose
listing Neonympha mitchellii francisci as endangered.
Summary of Factors Affecting the Species
Section 4(a)(1) of the Act (16 U.S.C. 1531 et seq.) and regulations
(50 CFR part 424) promulgated to implement the listing provisions of
the Act set forth the procedures for adding species to the Federal
list. 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
Due to its recent discovery, it is impossible to determine what the
original range of this butterfly was. Based upon its demonstrated
dependency on periodic fires to create new habitat and the present
trend of fire suppression on private lands, it is assumed that
francisci once occupied a more extensive area with a greater number of
populations and individuals. Massive habitat alterations are a major
factor in the reduction of the range of francisci. The extensive loss
of wetland habitats in the Carolina Coastal plains and the draining of
swamps, pocosins, bays, savannas, flatwoods, and bogs for conversion to
agriculture and silviculture is well documented.
The extirpation of beavers from the Carolinas at the turn of the
century may have played an important role in the reduction of this
butterfly's range. Beavers play an active role in the creation of sedge
meadow habitats which are favored by Saint Francis' satyr (Hall 1993,
Woodward and Hazel 1991). The open woodlands and wetlands of the
coastal plain have declined drastically during the past two centuries;
thus the range of francisci has become increasingly fragmented and the
structure of their meta-populations may have been destroyed. The
fracturing of meta-populations is cited in the decline of the aragos
skipper and a number of other butterflies associated with tall grass
prairies (Panzer 1988, D. Schweitzer pers. comm.)
Since francisci may be a relict population already, the further
destruction and fragmentation of its existing habitat has brought it
close to extinction. The sole remaining population is now fragmented
into less than 5 or 6 small colonies of individuals which occupy a
total area of 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 collect every
available individual. Several populations of the nominate subspecies,
mitchellii, have been destroyed by collectors and other populations are
extremely vulnerable to this threat (Refsnider 1991). The single known
population of francisci was extremely over-collected following its
initial discovery and it is was believed to have been extirpated from
the wild. Since the emergency listing of the nominate subspecies,
mitchellii, in 1991, North Carolina was the only place where Neonympha
mitchellii could be legally collected in the wild. Following the
emergency listing of the northern subspecies (Mitchell's satyr), the
North Carolina Heritage Program received several inquiries from
collectors concerning the location of the North Carolina population
(Saint Francis' satyr). These collectors expressed apprehension about
placing any restrictions on the collecting of this rare and much sought
after satyr--francisci. Collectors have reportedly visited the known
site of francisci on a daily basis during the flight period, taking
every available adult (Hall 1993). After this initial wave of over-
collecting, many unsuccessful searches were made for Saint Francis'
satyr before it was eventually rediscovered. Little is known about this
butterfly's ecological requirements and life history, but it appears to
be more vulnerable than its northern relative. It may be more dependent
upon a longer meta-population structure than its northern cousin in
order to colonize new sites or to recolonize old sites from which it
has been extirpated.
C. Disease or Predation
There is no available evidence at this time that predation or
disease are factors in this butterfly's decline or threaten its
continued existence in the wild.
D. The Inadequacy of Existing Regulatory Mechanisms
Presently, insects are not protected from taking under North
Carolina law. Also the Department of Defense regulations do not
prohibit the take of butterflies on military lands (Saint Francis'
satyr occurs on Fort Bragg). Federal listing of this butterfly will
provide legal protection against taking and illegal trade in the
species.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
This species is dependent upon some form of disturbance (e.g.,
periodic fires and/or beaver impoundments) to create the desired
habitat needed for survival. But intense fires at critical stages
during its life cycle could eliminate small colonies of this butterfly.
Since only one population of francisci remains and there are no other
known adjacent populations to recolonize extirpated sites, this species
is extremely vulnerable to catastrophic climatic events, inbreeding
depression, disease and parasitism. Part of its habitat is adjacent to
a well-traveled road where there is the possible threat of toxic
chemical spills into its wetland habitat. Current military use of the
lands favor this species, due to the frequent fires associated with
shelling. The Department of Defense personnel are aware of the species'
plight and have limited troop movement through the area. Heavy
siltation of the small drainage areas occupied by francisci could pose
a potential threat to the species. Other potential threats to this
butterfly include pest control programs for mosquitoes and/or gypsy
moths and beaver eradication.
In developing this proposal the Service has carefully assessed the
best scientific and commercial information available regarding the
past, present, and future threats faced by this species. Based on this
evaluation, the preferred action is to list Saint Francis' satyr as
endangered. With only one population remaining (already diminished by
intensive collecting) and with the other subspecies (mitchellii) having
been eliminated from half of the States where it historically occurred,
the threat of over-collecting is well documented.
The potential for further reduction of this last known remaining
population of francisci could severely reduce the likelihood of this
butterfly's survival. Therefore, the Service is listing the species as
endangered on an emergency basis to provide maximum protection to the
remaining population during the 1994 flight period. At the same time,
the Service is initiating the normal listing process by proposing the
species for endangered status.
Critical Habitat
Section 4(a)(3) of the Act, as amended, 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. At this time, the Service has made a preliminary finding
that designation of critical habitat is not prudent for this 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 this
satyr even 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 Department of
Defense is aware of its occurrence. Comments regarding the designation
of critical habitat will be accepted and reviewed during the comment
period established by this proposed rule.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under he Endangered Species 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 Endangered Species 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, as amended, 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)(4) requires Federal agencies to confer
informally with the Service on any action that is likely to jeopardize
the continued existence of a proposed species or result in the
destruction or adverse modification of proposed critical habitat. If
the species is listed subsequently, 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 such a 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 the fire
suppression, and facilities construction. The only known population of
Saint Francis' satyr is located on military lands, where the Department
of Defense is already working with the Service to secure the protection
and proper management of this butterfly, 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.
Permits may be issued to carry out otherwise prohibitions
activities involving endangered wildlife species under certain
circumstances. Regulations governing permits are found 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.
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule are hereby solicited. Comments
particularly are sought concerning:
(1) Biological, commercial trade or other relevant data concerning
any threat (or lack thereof) of this species;
(2) The location of any additional populations of this species and
the reasons why any habitat should or should not be determined to be
critical habitat as provided by section 4 of the Act;
(3) Additional information concerning the range, distribution, and
population size of this species; and
(4) Current or planned activities in the subject area and their
possible impacts on this species.
Final promulgation of the regulation on this species will take into
consideration the comments and any additional information received by
the Service, and such communications may lead to a final regulation
that differs from this proposal.
The Endangered Species Act provides for a public hearing on this
proposal, if requested. Requests must be received within 45 days of the
date of publication of the proposal. Such requests must be made in
writing and addressed to the Field Supervisor, Asheville Field Office
(see Addresses section).
National Environmental Policy Act
This Fish and Wildlife Service has determined that an Environmental
Assessment, 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 (49 FR 49244).
References Cited
Refer to the accompanying emergency rule for this section.
Author
The primary author of this proposed 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
PART 17--[AMENDED]
Accordingly, it is hereby proposed to amend part 17, subchapter B
of chapter 1, title 50 of the Code of Federal Regulations, as set forth
below:
(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) Amend Sec. 17.11(h) 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) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate population
---------------------------------------------------- Historic range where endangered or Status When listed Critical Special
Common name Scientific name threatened habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Insects:
* * * * * * *
Butterfly, Saint Neonympha mitchellii U.S.A. (NC)............. NA...................... E ........... NA .........
Francis' satyr. francisci.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: April 8, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-9219 Filed 4-15-94; 8:45 am]
BILLING CODE 4310-55-M
