70580 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules

of Information and Regulatory Affairs PART 100—SAFETY OF LIFE ON SUMMARY: We, the U.S. Fish and has not designated it as a significant NAVIGABLE WATERS Wildlife Service (Service), announce the energy action. Therefore, it does not 12-month finding on a petition to list require a Statement of Energy Effects 1. The authority citation for part 100 the following seven foreign swallowtail under Executive Order 13211. continues to read as follows: under the Endangered Authority: 33 U.S.C. 1233; Department of Species Act: Harris’ mimic swallowtail Technical Standards Homeland Security Delegation No. 0170.1. (Eurytides lysithous harrisianus), the The National Technology Transfer 2. In §100.518, revise the section Jamaican kite swallowtail (Eurytides and Advancement Act (NTTAA) (15 heading, paragraph (a)(1) and paragraph marcellinus), the Oaxacan swallowtail U.S.C. 272 note) directs agencies to use (c), to read as follows: ( esperanza), the Fluminese voluntary consensus standards in their swallowtail ( ascanius), Hahnel’s regulatory activities unless the agency § 100.518 Severn River, College Creek, Amazonian swallowtail (Parides provides Congress, through the Office of Weems Creek and Carr Creek, Annapolis, hahneli), the southern tailed birdwing Maryland. Management and Budget, with an (Ornithoptera meridionalis), and the explanation of why using these (a)(1) Regulated area. The regulated Kaiser-I-Hind swallowtail (Teinopalpus standards would be inconsistent with area is established for the waters of the imperialis). The best available applicable law or otherwise impractical. Severn River from shoreline to information indicates that listing is not Voluntary consensus standards are shoreline, bounded to the northwest by warranted for Papilio esperanza and technical standards (e.g., specifications the route 50 fixed highway bridge and Ornithoptera meridionalis. For the of materials, performance, design, or bounded to the southeast by a line remaining five species, listing is operation; test methods; sampling drawn from the Naval Academy Light at warranted but precluded by higher- ° ′ ″ procedures; and related management latitude 38 58 39.5 N, longitude priority listing actions. Our rationale is ° ′ ″ systems practices) that are developed or 076 28 49 W thence to Greenbury Point discussed below. We request that you ° ′ ″ adopted by voluntary consensus at latitude 38 58 29 N, longitude submit any new information for these ° ′ ″ standards bodies. 076 27 16 W. All coordinates reference species concerning status and threats Datum NAD 1983. whenever it becomes available. This This proposed rule does not use information will help us monitor the technical standards. Therefore, we did * * * * * (c) Effective period. (1) This section is status of these species and encourage not consider the use of voluntary their conservation. consensus standards. effective during, and 30 minutes before each of the following annual events: DATES: The finding announced in this Environment (i) Safety at Sea Seminar, held on the document was made on November 18, last Saturday in March; 2004. Although we are not pursuing We have analyzed this proposed rule further action on these species at this under Commandant Instruction (ii) Naval Academy Crew Races, held on the third and fourth Saturday in time, we will accept new information on M16475.lD, which guides the Coast these species at any time. Guard in complying with the National April and the third Friday in May; and (iii) Blue Angels Air Show, held on ADDRESSES: Submit any comments, Environmental Policy Act of 1969 information, and questions by mail to (NEPA)(42 U.S.C. 4321–4370f), and the last Tuesday and Wednesday in May. the Chief, Division of Scientific have concluded that there are no factors Authority, U.S. Fish and Wildlife in this case that would limit the use of (2) The Commander, Fifth Coast Guard District will publish a notice in Service, 4401 N. Fairfax Drive, Room a categorical exclusion under section 750, Arlington, VA 22203; or by fax to 2.B.2 of the Instruction. Therefore, this the Federal Register and the Fifth Coast Guard District Local Notice to Mariners 703–358–2276; or by e-mail to rule is categorically excluded, under [email protected]. Comments figure 2–1, paragraph (34)(h), of the announcing the specific event dates and times. received will be available for public Instruction, from further environmental inspection, by appointment, Monday Dated: November 24, 2004. documentation. Special local through Friday from 8 a.m. to 4 p.m. at regulations issued in conjunction with a Ben R. Thomason, III, the above address. regatta or marine event permit are Captain, U. S. Coast Guard, Commander, FOR FURTHER INFORMATION CONTACT: specifically excluded from further Fifth Coast Guard District, Acting. Robert R. Gabel, Chief, Division of analysis and documentation under that [FR Doc. 04–26842 Filed 12–6–04; 8:45 am] Scientific Authority, at the above section. BILLING CODE 4910–15–P address, or by telephone, 703–358– Under figure 2–1, paragraph (34)(h), 1708; fax, 703–358–2276; or e-mail, of the Instruction, an ‘‘Environmental [email protected]. Analysis Check List’’ and a ‘‘Categorical DEPARTMENT OF THE INTERIOR Exclusion Determination’’ are not SUPPLEMENTARY INFORMATION: required for this rule. Comments on this Fish and Wildlife Service Background section will be considered before we Section 4(b)(3)(B) of the Endangered make the final decision on whether to 50 CFR Part 17 Species Act of 1973 (Act), as amended categorically exclude this rule from (16 U.S.C. 1531 et seq.), requires that, further environmental review. Endangered and Threatened Wildlife for any petition to revise the Lists of and Plants; 12-Month Finding on a List of Subjects in 33 CFR Part 100 Endangered and Threatened Wildlife Petition To List Seven Foreign Species and Plants that contains substantial Marine safety, Navigation (water), of Swallowtail Butterflies as scientific and commercial information, Reporting and recordkeeping Threatened or Endangered the Service make a finding within 12 requirements, Waterways. AGENCY: Fish and Wildlife Service, months of the date of receipt of the For the reasons discussed in the Interior. petition on whether the petitioned preamble, the Coast Guard proposes to action is (a) not warranted, (b) ACTION: Petition finding. amend 33 CFR part 100 as follows: warranted, or (c) warranted but

VerDate jul<14>2003 12:53 Dec 06, 2004 Jkt 205001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 70581

precluded from immediate proposal by to the listing of these species were: (1) these rare butterflies, would create other pending proposals of higher The paucity of status information; (2) unnecessary restrictions on marketing, priority. Pursuant to section 4(b)(3)(C)(i) disagreement over the effects of over- would impede further research, would of the Act, when, in response to a collection; and (3) an assertion that such provide no substantive conservation petition, we find that listing a species is listings impede conservation efforts. benefit, and would hinder warranted but precluded, we must make These issues are discussed below. ranching that actually benefits a new 12-month finding each year until 1. Paucity of status information: propagation and encourages local we publish a proposed rule or make a Several commenters noted that measures to protect the and determination that listing is not information in one of the references we their habitats. While most of these warranted. These subsequent 12-month had used (Collins and Morris 1985) is points are not statutory factors findings are referred to as ‘‘resubmitted’’ old, outdated, or not thoroughly considered in listing species, we petition findings. scientific, and that the paucity of acknowledge that any substantive information provides an insufficient information that demonstrates how Previous Federal Action basis for listing. According to several these factors mitigate the status of the On January 10, 1994, the Service experts, the best species is useful, and where substantive received a petition dated January 1, sources of worldwide information information was provided, it has been 1994, from Ms. Dee E. Warenycia to list continue to be Collins and Morris (1985) considered as part of the status review. the seven above-mentioned species of and New and Collins (1991), both of swallowtail butterflies as threatened or which were the sole sources of Nomenclature and Biology of the endangered. As the basis for her information used for the 1996 IUCN Species petition, Ms. Warenycia cited the IUCN species assessments (Mariano Gimenez The seven foreign butterfly species: (World Conservation Union) Red Data Dixon, Program Officer, Species Harris’ mimic swallowtail, the Jamaican Book, Threatened Swallowtail Survival Commission, IUCN, pers. kite swallowtail, the Oaxacan Butterflies of the World (Collins and comm. 2004). Indeed, as discussed in swallowtail, the Fluminese swallowtail, Morris 1985), in which these species our August 16, 2000, Federal Register Hahnel’s Amazonian swallowtail, the had been classified as Endangered, finding (65 FR 49958), an IUCN southern tailed birdwing, and the Vulnerable, or Rare. On May 10, 1994, designation alone does not provide Kaiser-I-Hind swallowtail, all of which the Service published a 90-day finding sufficient information to address the are the subject of this petition, belong to in the Federal Register (59 FR 24117) factors that we must consider under the family Papilionidae (order that the petition had presented section 4(a)(1) the Act. An extensive ). The Papilionidae are substantial information indicating that literature search has revealed that few generally known as swallowtail the requested action may be warranted. recently published treatments exist for butterflies, or simply as swallowtails, In that notice, we initiated a status swallowtail butterflies. Most regional and will herein be collectively referred review of the seven butterflies covered works were written a decade or more to as such. Synonyms and common by the petition, as well as 20 other ago (e.g., Brown and Heineman 1972; names are summarized in Table 1. butterfly taxa that were potentially of Tyler et al. 1994). None of these seven Nomenclature follows Morris and similar concern, and requested the species appears in the 2003 IUCN Red Collins (1985). submission of data and other List of Threatened Species (IUCN 2003) The Lepidoptera life cycle begins with information for preparation of a 12- because they have not been re-assessed mating. Swallowtails may brood (i.e., month finding. This petition finding against the 1997 criteria (M. Dixon, pers. produce offspring) once, twice, or only covers the seven butterfly species comm. 2004). There is also currently no several times per year. All Lepidoptera that were the subject of the original IUCN Lepidoptera Specialist Group. In undergo complete metamorphosis and petition. The other 20 species are an attempt to obtain the most current exhibit four distinct life stages: Egg, potential candidate species that must be information for this finding, the Service larva (caterpillar), pupa (chrysalis), and further evaluated, but for which any also solicited information from each adult. Swallowtails reputedly maintain further action is currently precluded by range country and from other domestic low population numbers and experience higher-priority listing actions. and international experts. Pursuant to sporadic rebounds. Food sources vary section 4(b)(1)(A), we have evaluated widely. Caterpillars eat plant material Summary of Comments and (such as leaves) and may be generalists, Recommendations the best scientific and commercial data available to make the determinations in enjoying a range of plant species, or In response to our request for this finding. they may be obligate feeders, feeding information in response to the 90-day 2. Effects of over-collection: Several solely on a particular species. Adults finding, we received 14 responses from commenter disagreed that over- typically feed on flower nectar. Some private citizens and public officials, collection of has a significant adults do not eat at all, others obtain both from the United States and abroad. adverse impact and noted that it is nutrients from carrion, and some pre- Commenters addressed all but two of nearly impossible for the entirety of a reproductive males obtain nutrients the seven species by name; the species’ eggs, larvae, pupae, and adults from riversides (known as ‘‘puddling’’). Fluminese swallowtail and Harris’ to be collected at a given time. However, Swallowtails may display sexual mimic swallowtail were not specifically experts generally agree that species with dimorphism, wherein males are mentioned. One commenter supported restricted distributions are more apt to generally smaller and/or more colorful the listing of the Jamaican kite be affected by over-collection than those than females. Four of the petitioned swallowtail; one commenter supported with wider distributions. Substantive species (Jamaican kite, Harris’ mimic the listing of the Kaiser-I-Hind information obtained from experts and swallowtail, Fluminese swallowtail, and swallowtail; and the remaining publications on this issue has been Southern tailed birdwing) are not commenters opposed the listing of all of incorporated into this assessment, as sexually dimorphic; one species the species or the listing of specific appropriate. (Oaxacan swallowtail) displays only butterflies. Species-specific information 3. Such listings impede conservation size dimorphism; and two species is discussed under the relevant species, efforts: Some commenters mentioned (Kaiser-I-Hind and Southern tailed below. Three main bases for opposition that listing might call undue attention to birdwing) are dimorphic both in color

VerDate jul<14>2003 12:53 Dec 06, 2004 Jkt 205001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1 70582 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules

and size. Similarly, larvae and adults Populations are restricted to steep- is subject to any threat from disease or may display color polymorphism, sloped canyons in the Jua´rez Mountains predation. wherein the same species exhibits (F.R.R. de Velasco, pers. comm. 2004; R. D. The inadequacy of existing different color patterns. Swallowtails Robbins, pers. comm. 2004; Tyler et al. regulatory mechanisms: The Oaxacan may exhibit certain behaviors to 1994). Considered a relict of modern swallowtail is listed as threatened, and increase their chance of finding a mate. swallowtails, this species was its larval foodplant, Magnolia dealbata, ‘‘Hilltopping,’’ for instance, is a male discovered only in 1975 and, for the is also listed as endangered on Mexico’s behavior in which they seek out a high first 20 years, was only known from one List of Species at Risk (F.R.R. de ridge or hilltop whereupon they await colony (New and Collins 1991; Tyler et Velasco, pers. comm. 2004). Mexican the arrival of females, which tend to al. 1994). New colonies were discovered law, NOM (Norma Oficial Mexicana)– gravitate towards these areas. in the early 1990s; the total habitat 059–ECOL–2001, protects listed native Swallowtails are all strong flyers. Many remains restricted to an area less than species of flora and fauna that have been species fly several kilometers a day. 100 square kilometers (Tyler et al. assessed in any of four threat categories After mating, females often disperse to 1994). This species is listed as (threatened, endangered, specially find a new location to lay eggs. Some Vulnerable by the IUCN, due mainly to protected, and likely to be extinct; INE species disperse farther, sometimes as a a poaching problem that existed prior to 2003). There are no officially designated group. Although dispersal is sometimes 1994 (IUCN 2003; see B., below). protected areas or nature reserves in the referred to as migration, for butterflies A. Present or threatened destruction, Jua´rez Mountains (Da´vila et al. n.d.). this movement may not entail a return modification, or curtailment of its However, large tracts of Oaxacan trip. Where available, information on habitat or range: The Jua´rez Mountains swallowtail habitat are under the strict the lifespan, population dynamics, and region is generally threatened by control of indigenous Zapotec current population status of each logging, agriculture, grazing, communities (J. Sobero´n, pers. comm. species are provided in the species colonization, and potential construction 2004), and these communities are very assessments below. of hydroelectric dams (Da´vila et al. conservation oriented (F.R.R. de n.d.); however, there is no evidence that Velasco, pers. comm. 2004). The Summary of Factors Affecting the this species’ specific habitat is being Mexican Federal government oversees Species directly threatened (R. Robbins, pers. several sustainable resource Section 4(a)(1) of the Act (16 U.S.C. comm. 2004; Jorge Sobero´n, Director of management units in that region (de 1531 et seq.) and regulations CONABIO [the Scientific Authority of Ferranti et al. 2000), and this species is promulgated to implement the listing Mexico for the Convention on not one of the resources being exploited provisions of the Act (50 CFR part 424) International Trade in Endangered under this regulatory framework (F.R.R. set forth the procedures for adding Species of Wild Fauna and Flora, or de Velasco, pers. comm. 2004). species to the Federal Lists. A species CITES], pers. comm. 2004). Based on the The Oaxacan swallowtail is not listed may be determined to be endangered or best available information, we conclude in the Appendices of the Convention on threatened due to one or more of the that this species is not threatened by the International Trade in Endangered following five factors described in present or threatened destruction, Species of Wild Fauna and Flora section 4(a)(1): (A) The present or modification, or curtailment of its (CITES), but there is no information to threatened destruction, modification, or habitat or range. suggest that such a listing is needed. curtailment of its habitat or range; (B) B. Overutilization for commercial, Considered threatened by commercial overutilization for commercial, recreational, scientific, or educational trade in Europe (Melisch 2000), this recreational, scientific, or educational purposes: According to Collins and species is now listed on Annex B of the purposes; (C) disease or predation; (D) Morris (1985), only 20 specimens had European Union’s Council Regulation the inadequacy of existing regulatory been collected in the first 20 years after (EC) No. 338/97, which regulates mechanisms; and (E) other natural or the species’ discovery due to the fierce imports of certain species into any manmade factors affecting its continued protection of this species by local country in the European Community. existence. These factors and their communities. For a time, poaching Annex B includes all species listed in became a problem because several local CITES Appendix II and their look- application to each of the seven species residents would follow the colony and alikes, as well as species being traded at are discussed below. Each assessment remove specimens for commerce (Tyler levels that are incompatible with the begins with a species-specific status et al. 1994). In the mid-1990s, several survival of the species, as well as summary. smugglers were indicted in the United species that pose a threat to native Findings on Species for Which Listing Is States for trading in illegally collected species (CITES UK 2004). Import of an Not Warranted insects, including Oaxacan swallowtails Annex B-listed species must be (WildlifeWebsite.com 2000). Today, accompanied by information that Oaxacan Swallowtail (Papilio esperanza Mexican experts do not consider over- demonstrates that the import will not Bautelspacher, 1975) collection to be a threat (F.R.R. de detrimentally affect the conservation The Oaxacan swallowtail is endemic Velasco, pers. comm. 2004) because status of the species or its habitat (Eur- to the remote montane cloud forest of local communities do not allow Lex 2004). Based on the above Mexico’s Jua´rez Mountains (Oaxaca collection or sale of the species (J. information, this species is not State). Larvae feed on Magnolia Sobero´n, pers. comm. 2004). There are threatened by the inadequacy of existing dealbata Zucc. (common name also regulatory mechanisms in place regulatory mechanisms. unknown) (Felipe Ramı´rez Ruiz de that appear to be effectively regulating E. Other natural or manmade factors Velasco, Director General, Secretaria de trade in this species (see D., below). affecting its continued existence: There Medio Ambiente y Recursos Naturales, Thus, this species is not threatened by are no other known threats affecting this pers. comm. 2004). Adults prefer overutilization for commercial, species. Eupatorium sordidum Less. (dirty recreational, scientific, or educational In summary, in addition to the thoroughwort) and produce two annual purposes. discovery of new populations, the broods, one in the spring and one in late C. Disease or predation: There is no Oaxacan swallowtail is not subject to summer (Collins and Morris 1985). information to suggest that this species significant threats that cause the species

VerDate jul<14>2003 12:53 Dec 06, 2004 Jkt 205001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 70583

to be threatened with extinction threatened by the present or threatened recreational, scientific, or educational throughout a significant portion of its destruction, modification, or purposes. range. Therefore, we have determined curtailment of its habitat or range. C. Disease or predation: Parasitic flies that listing of this species is not B. Overutilization for commercial, have been known to attack southern warranted. recreational, scientific, or educational tailed birdwings in the wild (Collins and Morris 1985). However, there is no Southern Tailed Birdwing (Ornithoptera purposes: Papua New Guinea began specific information to suggest that meridionalis Rothschild 1897) farming the southern tailed birdwing and other native butterflies in 1978. these parasites are currently threatening The southern tailed birdwing is native According to the non-profit existing populations, and we are to lowland primary or secondary Farming and Trade Agency (IFTA), unaware of any other disease or rainforests of Indonesia and Papua New established in consultation with an predators that pose a threat to this Guinea. The larvae of this genus are entomologist-ecologist, the pupae are species. Thus, we conclude that disease known to feed solely on Aristolochia ranched and adults are sold in pairs or predation is not a current threat to spp. L. (birthwort). However, the (IFTA 2004; Parsons 1999). The Papua this species. identity of the specific larval foodplant New Guinea farming program was D. The inadequacy of existing of this species remains in dispute endorsed by the now-defunct IUCN regulatory mechanisms: In 1966, Papua (Parsons 1999; Dr. Wari Iamo, Lepidoptera Specialist Group (IFTA New Guinea declared the southern Department of Environment and 1985). Ranched specimens are often tailed birdwing protected under the Conservation, Papua New Guinea, pers. preferred over wild-caught specimens Fauna Protection Control Act, which comm. 2004). This birdwing butterfly because the wings of wild specimens are requires an amendment to the occupies a wide range, but populations often tattered from flying (Parsons legislation to allow any controlled are localized, found at altitudes between 1999). No wild-collected specimens are utilization of the species. Wild 20 and 200 meters above sea level permitted in international trade, and collection is prohibited, and wild- (Collins and Morris 1985; Dr. Wari designated exporters are strictly collected specimens are banned from Iamo, Department of Environment and controlled (W. Iamo, pers. comm. 2004; international trade (W. Iamo, pers. Conservation, Papua New Guinea, pers. Iamo Ila, Conservator of Fauna, comm. August 2004; G.R. Kula, pers. comm. 2004). In Indonesia (Irian Jaya), Department of Environment and comm.; 1994 Parsons 1991). Only there are three known localities of this Conservation, Papua New Guinea, pers. properly CITES-permitted adults are species (Parsons 1999). In Papua New allowed in international trade (IFTA Guinea, there are at least seven widely comm. 1994; 1997; Gaikovina R. Kula, Acting Secretary, Department of 2004), and import of these specimens distributed localities, and the species into Europe requires a further non- appears to be reasonably common in its Environment and Conservation, Papua New Guinea, pers. comm. 1994). Private detriment finding in addition to the habitat, especially in the spring (Parsons CITES findings made by exporting 1999; W. Iamo, pers. comm. 2004). It is citizens who are not part of IFTA must obtain certification from the Department countries (see D., above). Based on the listed by the IUCN as Endangered, above information, this species is not apparently due to threats from habitat of Environment and Conservation to carry out ranching and trading in this currently threatened by the inadequacy destruction (see A., below; IUCN 2003). of existing regulatory mechanisms. A. Present or threatened destruction, species (W. Iamo, pers. comm. 2004). E. Other natural or manmade factors modification, or curtailment of its This species has been listed in CITES affecting its continued existence: There habitat or range: The southern tailed Appendix II since 1979, and CITES data is no information to suggest that this birdwing populations are found in two suggest a recent downward trend in species is subject to threats other than protected areas in Papua New Guinea trade volume, from 582 specimens in those listed above. where wildlife harvest and habitat 2000, to 163 specimens in 2001, and 89 In summary, in addition to the destruction are prohibited (W. Iamo, specimens in 2002 (J. Caldwell, pers. discovery of new populations, the pers. comm. 2004). The species’ low- comm. 2004; W. Iamo, pers. comm. southern tailed birdwing is not subject lying habitat, in the center of its range, 2004). All of this trade has originated to significant threats that cause the is vulnerable to timber extraction (W. from Papua New Guinea, and most of it species to be threatened with extinction Iamo, pers. comm. 2004). However, has been recorded as ranched experts believe that properly managed specimens. A 2000 market study throughout a significant portion of its butterfly farming (as discussed below, revealed that this species was range, and therefore we have under B.) promotes habitat conservation threatened by commerce in Germany determined that listing of this species is by generating income as a viable (Melisch 2000), where the market price not warranted. alternative to deforestation (Dr. Rosser was reportedly US$8700 per pair Findings on Species for Which Listing Is W. Garrison and Mr. Michael Parsons, (Schu¨ tz 2000). The southern tailed Warranted but Precluded Research Associates, Los Angeles birdwing is now listed on the European County Museum of Natural History, Commission’s Annex B, which regulates Harris’ Mimic Swallowtail (Eurytides California, pers. comm. 1994; Dr. L. imports of certain species into Europe, lysithous harrisianus Hu¨ bner 1821) Orsak, Director, Christensen Research and requires that trade in these species Harris’ mimic swallowtail is native to Institute, Papua New Guinea, pers. is not detrimental to the survival of wild sub-coastal woods on unflooded fringes comm. 1994; Dr. Scott Miller, Chair, populations (see Oaxacan swallowtail, of ‘‘restinga’’ (swamp) habitat in the Natural Science, The State Museum of D.). While the reason for the decrease in Atlantic Forest of . Paraguay also Natural and Cultural History, Hawai’i, trade volume for this species is has been reported as a range country pers. comm. 1994; Parsons 1991, 1999). unknown (W. Iamo, pers. comm. 2004), (Collins and Morse 1985; Funet 2004), The Papua New Guinea farming its listing on Annex B may account for but there is no information on colonies program requires villagers to maintain a the decrease in trade because several of there. Larvae feed on Annona acutifolia healthy wild population on or near their the major importers are from European Sass. ex R.E. Fries (common name land (IFTA 1985). Based on the best countries. This information suggests unknown). Juveniles are occasionally available information, we have that this species is not threatened by reported on Rollinia laurifolia Schltdl. determined that this species is not overutilization for commercial, (common name unknown). Adults feed

VerDate jul<14>2003 12:53 Dec 06, 2004 Jkt 205001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1 70584 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules

on species in a variety of genera from Museum of Natural History, Department previously burned areas has been several plant families (including of Entomology, Smithsonian Institution, reportedly slow (Singapore National Annonaceae [custard-apple family], Washington, DC pers. comm. 2004). Zoo 2000). Thus, we conclude that this Asteraceae [daisy family], Fabaceae Brown (1996) monitored the only subspecies is threatened by the present [legume family], Rubiaceae [madder known colony of the species (in Rio de or threatened destruction, modification, family], and Verbenaceae [verbena Janeiro) from 1984 to 1991, during or curtailment of its habitat or range family]). This subspecies is not listed in which time the population size ranged throughout a significant portion of its the 2003 IUCN Red List of Threatened from 50 to 250 individuals. Adults fly range, although thus far we are not Species (IUCN 2003). at an elevation of 1000 meters, and aware of a direct impact on the two Previously reported in the two brood only once per year, being found known colonies of this species. Brazilian states of Espirito Santo and almost exclusively from September to B. Overutilization for commercial, Rio de Janeiro, this subspecies is December. This colony is currently recreational, scientific, or educational confirmed only in the latter locality reported to be viable, vigorous, and purposes: There is no documentation of (Brown 1996). This has been interpreted stable (K. Brown, Jr., pers. comm. 2004). overutilization of this subspecies. as an indication that the subspecies has In 1997, another colony of unknown However, it is possible that this species been extirpated from Espirito Santo size was discovered in the Poco das is inadvertently entering trade (Collins and Morse 1985; Xerces 2004). Antas Biological Reserve (Rio de misidentified as Parides spp., although However, Brown postulates that this Janeiro), where it had not been seen in there is no specific information on this. could be due to misidentification due to 30 years. According to Brown, it is C. Disease or predation: There is no mimicry (Keith S. Brown, Jr., Livre- likely that more colonies exist between information to suggest that this species Docent, Universidade Estadual de these two known localities and in other is subject to any threat from disease or Campinas, Brazil, pers. comm. 2004). places, and he further states that their predation. Swallowtails occupying similar ranges flight habits ‘‘do not favor recording by D. Inadequacy of existing regulatory may exhibit mimicry such that visitors * * * it is also very hard to mechanisms: Instituto Brasileiro do unrelated species resemble each other. find, see, or capture’’ (K. Brown, Jr., Meio Ambiente de dos Recursos The specific purpose of this mimicry is pers. comm. 2004). Naturais Renova´veis; Brazil’s unknown, but it may be a defense A. Present or threatened destruction, Environmental Ministry (IBAMA) listed mechanism. Although scientifically modification, or curtailment of its this species as ‘‘strictly protected’’ in unproven, one form of mimicry, known habitat or range: Habitat destruction 1989. As such, collection and trade are as Batesian mimicry, consists of a prompted experts to consider this prohibited (Brown 1996). It is unclear palatable species (the mimic) that species to be either endangered (Collins whether the discovery of a second resembles an unpalatable species (the and Morris 1985; Tyler et al. 1994) or colony in the Poco das Antas Biological model). It is theorized that a predator critically endangered (Brown 1996). The Reserve, home of the charismatic golden (such as a bird) attempting to eat the mix of dense and open habitat preferred lion tamarin (Leontopithecus rosalia), unpalatable model will avoid that and by adult Harris’ mimic swallowtails is will benefit Harris’ mimic swallowtail. other similar-looking butterflies in the no longer the dominant vegetation type The Reserve continues to be threatened future. For such mimicry systems to be in Rio de Janeiro. With this habitat by inadequate protection, unresolved effective, it is generally believed that the almost entirely gone, the subspecies is land disputes, and illegal encroachment mimic must maintain lower population found only in sub-coastal areas adjacent by landless peasants (Conservation numbers than the model. to ‘‘restinga’’ (swamp) habitat (Otero International 2004). In 2002, criteria Harris’ mimic swallowtail is and Brown 1984). Considered the most were established for land use and polymorphic, mimicking at least three endangered vegetation type in the world occupation within a newly established species of Parides throughout its range. (Conservation International 2004), environmentally protected basin along There are two Harris’ mimic swallowtail restinga swampland has been converted the river where the new population of morphs (color patterns): the to rice fields and drained for urban this species was found. How or whether sebastianus-rurik morph, which mimics development and cattle pastures (Otero these criteria account for invertebrates is Parides zacynthus Fabricius (common and Brown 1984; WWF 2004a). In 1985, unknown (WWF 2004b). Thus, the name unknown) and the subspecies development threatened the only known regulatory mechanisms in existence may Parides nephalion Godart (cattle heart colony (Collins and Morris 1985). The be inadequate to protect this species. swallowtail); and, the ascanius morph, State of Rio de Janeiro harbors the E. Other natural or manmade factors which mimics the Fluminese densest human population in Brazil, affecting its continued existence: Other swallowtail, also a subject of this and the city suffers from air and water than the above-mentioned fires, some of petition finding (Collins and Morse pollution (CIA 2004; Conservation which may have been natural events, 1985; K.S. Brown, Jr., pers. comm. International 2004). The Poco das Antas there are no other factors known to 2004). The sebastianus-rurik morph is Reserve (site of the recently discovered affect this species’ continued existence. less common than the ascanius morph, colony of Harris’ mimic swallowtail) is In summary, although additional the latter of which constituted about plagued by fires. Established in 1973 populations may exist, there are only 70% of the population during a nearly and presently encompassing an area of two confirmed localities of Harris’ decade-long mark-recapture study approximately 6,883 square meters mimic swallowtail. This subspecies (Brown 1996). The ascanius morph (WWF 2004b), the Reserve has suffered appears to be generally threatened by generally persists farther north than the at least six fires since 1989 (Anonymous habitat destruction (clearing and fire) Fluminese swallowtail. Thus, it is 1997; Bryant 2002; Kyodo World and the potential of overutilization for possible that Harris’ mimic swallowtail Service 2000; Reuters 2002; Singapore commercial purposes. While regulatory exists to the north, in Espirito Santo, National Zoo 2000). At least two of mechanisms are in place to control where suitable habitat exists, but that it these fires were attributed to human commercial trade, it is unclear whether has been mistaken for the Fluminese causes (Anonymous 1997; Kyodo World existing regulatory mechanisms are swallowtail (Brown 1991; Otero and Service 2000). Fire breaks have been adequately protecting the species’ Brown 1984; Dr. Robert Robbins, constructed in the Reserve to help habitat. The combination of these Research Entomologist, National contain future fires, but regeneration of factors threatens this subspecies

VerDate jul<14>2003 12:53 Dec 06, 2004 Jkt 205001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 70585

throughout a significant portion of its Jamaica, Cuba, Hispaniola, and Puerto WRC 2002). The presence of the range. Rico), is a commercially desirable tree. Jamaican kite swallowtail in Rozelle and Harris’ mimic swallowtail is a Its yellow wood is used to make fishing Cockpit Country has prompted NEPA to subspecies that faces threats that are low rods, pool cues, and other products seek protected-area status for both to moderate in magnitude and non- (Windsor Plywood 2004). This tree locations within the next 5–7 years imminent. It therefore receives a priority species reportedly does poorly in (Anonymous 2003). It is unclear how or rank of 12. disturbed habitats (Collins and Morris whether the Jamaican protected-area Jamaican kite Swallowtail (Eurytides 1985). Habitat destruction continues to network benefits the Jamaican kite marcellinus Doubleday 1846) be a primary threat to this species (Dr. swallowtail or protects it from the Audette Baillie, Research Fellow, above-mentioned potential threats of The Jamaican kite is endemic to Department of Life Sciences, University habitat loss and commercial utilization. Jamaica. The only known larval of the West Indies, Jamaica, pers. comm. E. Other natural or manmade factors foodplant is Oxandra lanceolata Baill. 2004). affecting its continued existence: (West Indian lancewood) (Bailey 1994; B. Overutilization for commercial, Jamaica lies within the Atlantic Brown and Heineman 1972; Garraway et recreational, scientific, or educational hurricane belt and is subject to severe al. 1993; Xerces 2004). There is no purposes: A survey of German markets tropical weather, such as tropical waves, information as to adult food preferences. concluded that this species is tropical depressions, tropical storms, Despite the presence of the larval threatened by commercial trade and hurricanes (Mahlung 2001). In the foodplant throughout the island, and (Melisch 2000). Schu¨ tz (2000) reported last 16 years, Jamaica has been although the species probably disperses the asking price for a female Jamaican devastated by a tropical storm (George only within 3 kilometers of its breeding kite swallowtail as US$150. This species 1998), a Category 3 hurricane (Gilbert site, the only confirmed breeding site is is neither listed under CITES nor on the 1988), and two Category 5 hurricanes Rozelle, located in the extreme European Commission’s Annex B, both (Mitch 1998; Ivan 2004). Hurricanes southeastern Parish of St. Thomas of which regulate international trade. Gilbert and Ivan caused extensive (Bailey 1994; Brown and Heineman The Jamaican kite swallowtail is not damage throughout the island, 1972; Garraway et al. 1993; R. Robbins, bred in captivity and, in particular, including Rozelle, the only known pers. comm. 2004; Strong and Johnson there is no organized captive-breeding breeding site for this species. In 1989, 2001; WRC 2001; Dr. T.W. Turner, program for this species in Jamaica (A. 75 percent of Rozelle Beach was eroded, President, Caribbean Surveys Ltd., Baillie, pers. comm. 2004). Thus, and extensive beach erosion occurred Florida, pers. comm. 1994). Reputedly overutilization for commercial purposes again in 2004 (Anderson 1989; Lehman unpredictable and sporadic in may be a threat to the Jamaican kite 1999; Go Local Jamaica 2004). These appearance, the Jamaican kite swallowtail. stochastic events are likely to have an swallowtail generally maintains low C. Disease or predation: There is no adverse effect on this species’ continued population levels, but becomes locally information to suggest that this species existence. abundant for a week or two at its only is subject to any threat from disease or In summary, the Jamaican kite known breeding site, where it regularly predation. swallowtail has only one known broods in the early summer and D. Inadequacy of existing regulatory breeding site. This species is threatened sometimes again in early fall (Collins mechanisms: Listed as an endemic by habitat destruction from human and Morris 1985; Garraway et al. 1993; species, Jamaica does not consider the activity and catastrophic natural storm Smith et al. 1994). Episodic population Jamaican kite swallowtail to be events. Storms, such as hurricanes, can explosions have been recorded, with threatened, and therefore, it is not also directly kill these butterflies. The large westerly migrations of males when protected by the Wildlife Protection Act species is also potentially threatened by population numbers are high (Brown of 1998 (NEPA 2004a); according to the collection and inadequate protection of and Heineman 1972; Collins and Morris National Environment and Planning its habitat; this species is not 1985; Garraway et al. 1993). Large Agency (NEPA), this protects only specifically protected by law. The numbers were reported in western ‘‘specified species’’ (NEPA 2004b). combination of these factors potentially parishes in the 1940s and 1950s (Bailey However, all requests to collect endemic threatens this species throughout a 1994; Garraway et al. 1993). Adults have wildlife in Jamaica must be directed to significant portion of its range. recently been sighted in the parishes of NEPA for approval (A. Baillie, pers. The Jamaican kite swallowtail is a St. Andrew, St. Ann, Trelawny, and comm. 2004). The protected area species that does not represent a Westmoreland on the extreme western network has been plagued with staff monotypic genus. It faces threats that coast, and the species has reportedly shortages and inadequate fines for are high in magnitude, but non- visited Florida (Bailey 1994; Funet violators (WWF 2001). The John Crow imminent. It therefore receives a priority 2004; Smith et al. 1994; WRC 2001). Mountains, spanning several parishes rank of 5. A. Present or threatened destruction, where adult Jamaican kite swallowtails modification, or curtailment of its have been seen, was declared a Fluminese Swallowtail (Parides habitat or range: Mining operations, protected area in 1993 (Anonymous ascanius Cramer 1775) deforestation, and a lack of public n.d.). Cockpit Country, the terrain of The Fluminese swallowtail is awareness for conservation issues are which has made it veritably endemic to Brazil. Residing in problematic on the entire island (WWF impenetrable to humans, became part of ‘‘restinga’’ (swamp) habitat in the 2001). The only confirmed breeding site the Parks-in-Peril project in 2001. Atlantic Forest of Brazil, adults can be has undergone extensive habitat Cockpit Country is located in Trelawny found flying in scrubby to urbanized destruction for agriculture and industry, Parish, where adult Jamaican kite locations (K.S. Brown, Jr., pers. comm. prompting many experts to designate swallowtails have recently been sighted. 2004). The only known larval foodplant the Jamaican kite swallowtail as The status of the species in this area is the poisonous vine Aristolochia Vulnerable (Collins and Morris 1983; may be clarified as researchers conduct macroura Gomez (Dutchman’s pipe), IUCN 2003; New and Collins 1991; surveys for the CITES Appendix-I which has a wider distribution than the Tyler et al. 1994). The larval hostplant, swallowtail (Pterourus homerus) butterfly itself (Otero and Brown 1984). West Indian lancewood (native to occupying the same area (TNC 2004; There is no information as to adult

VerDate jul<14>2003 12:53 Dec 06, 2004 Jkt 205001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1 70586 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules

foodplant preferences. This species has which is an indicator of the potential of these factors potentially threatens this been reported from three Brazilian threat from commercial trade. This species throughout a significant portion States: Rio de Janeiro, Espirito Santo, species is advertised for sale in Japan of its range. and Sao Paulo. Although ideal habitat with the provision that no sales can be The Fluminese swallowtail is a exists in all three States, Rio de Janeiro made of dry or live insects to the species that does not represent a harbors the only colonies confirmed in ‘‘United States of America from Central monotypic genus. It faces threats that the past 50 years (Otero and Brown and South America also CITES are high in magnitude but non- 1984), perhaps due to mislabeling of butterflies’’ (http:// imminent. It therefore receives a priority initial collections (K.S. Brown, Jr., pers. www.worldinsect.com/). This species is rank of 5. comm. 2004). Assessed by the IUCN as not listed under CITES but is listed on Hahnel’s Amazonian Swallowtail Vulnerable, the species is sparsely the European Commission’s Annex B, (Parides hahneli Staudinger 1882) distributed at best, becoming seasonally which regulates imports of certain common, with sightings of up to 50 species into Europe (see Papilio Hahnel’s Amazonian swallowtail is individuals in one morning (IUCN 2003; esperanza, B.). It is unclear how this has endemic to three localities in the sandy Otero and Brown 1984; Tyler et al. affected trade in this species. Based on tributaries of the lower middle Amazon 1994). the above information, this species is Basin in Brazil (Collins and Morris Populations are localized but colonies potentially threatened by overutilization 1985; New and Collins 1991; Tyler et al. require a large area to maintain a viable for commercial purposes. 1994). The identification of the larval population (Otero and Brown 1984). In C. Disease or predation: There is no hostplant is unknown, but it is believed a study conducted from 1984 to 1991, information to suggest that this species to be either Aristolochia lanceolato- Brown (1996) found that a colony varied is subject to any threat from disease or lorato S. Moore (common name greatly (from 20 to 100 individuals) predation. unknown) or A. acutifolia Sass. ex R.E. from year to year, and individuals flew D. Inadequacy of existing regulatory Fries (common name unknown). This distances of 1000 meters. Although it mechanisms: In 1973, the Fluminese species occupies a fairly wide range, but was presumed that many populations swallowtail became the first insect ‘‘the area of its range is very lightly had gone extinct since 1970 and that no placed on Brazil’s list of animals populated’’ (K.S. Brown, Jr., pers. new colonies remained to be threatened with extinction, and the comm. 2004). The restricted nature of its discovered, other large colonies have species is currently considered habitat was determined only in the been found in Rio de Janeiro state, both imperiled by IBAMA, the Brazilian 1990s (R. Robbins, pers. comm. 2004). far inland and within the Poco das Environment Ministry (MMA 2004; Populations are characterized as very Antas Biological Reserve (K.S. Brown, Otero and Brown 1984). Although the local, rare, and patchy in distribution Jr., pers. comm. 2004; Collins and species is strictly protected from (Collins and Morris 1985; Tyler et al. Morris 1985; Otero and Brown 1984). In commerce, fines are apparently either 1994). Until 1973, this species was a recent visit to Poco das Antas, Dr. nonexistent or too nominal to dissuade known only in one location; two Robert Robbins (pers. comm. 2004) commercial collection (K.S. Brown, Jr., additional localized colonies were reported that the Fluminese swallowtail pers. comm. 2004). It is also unclear discovered in 1973 (Brown 1996; was ‘‘everywhere.’’ All colonies what measures have been taken to Collins and Morris 1985). There have continue to be monitored (K.S. Brown, reduce habitat destruction, for which been no recent discoveries of new Jr., pers. comm. 2004). the species was originally listed in 1973 populations (K.S. Brown, Jr., pers. A. Present or threatened destruction, (Otero and Brown 1984). The protection comm. 2004). This species is sympatric modification, or curtailment of its afforded Fluminese swallowtail (occupies the same range) with several habitat or range: The range of this populations within Poco das Antas butterflies, including at least two, species overlaps with Harris’ mimic Biological Reserve is also unknown (see Methona and Thyrides (common names swallowtail, and the restinga Harris’ mimic swallowtail, D.). Thus, unknown), that it reportedly mimics, swampland habitat upon which the the regulatory mechanisms in existence and the subspecies Parides chabrias Fluminese swallowtail depends for may be inadequate to protect this ygdrasilla (common name breeding is threatened by urbanization, species. unknown)(Brown 1996). In 1996, when conversion for cultivation and cattle E. Other natural or manmade factors this species was last assessed by the ranching, and arson (see Harris’ mimic affecting its continued existence: Other IUCN, there was insufficient data to swallowtail, A., above). The Fluminese than the fires, mentioned above, some of determine its status (IUCN 2003). swallowtail is particularly threatened by which may have been natural events, A. Present or threatened destruction, arson in the Poco das Antas Biological there are no other factors known to modification, or curtailment of its Reserve, because this is the only affect this species’ continued existence. habitat or range: Citing potential threats protected area large enough to maintain In summary, there are several known from habitat destruction, New and a viable Fluminese swallowtail colony Fluminese swallowtail colonies, each Collins (1991) considered the possibility (Otero and Brown 1984). Thus, a requiring a large area to maintain a that this species was critically significant portion of this species’ range viable population, and only one occurs threatened. Because the species’ is potentially threatened with habitat within a protected area. This species is ecological requirements are not well destruction. threatened by habitat destruction and understood, habitat destruction could be B. Overutilization for commercial, the potential inadequacy of regulatory a factor, but specific threats cannot be recreational, scientific, or educational mechanisms to protect the species’ clearly identified. Therefore, we are purposes: This butterfly is ‘‘easy to habitat, particularly in the Poco das unable to determine whether this catch,’’ and although ‘‘many people Antas Biological Reserve, considered species is or may be threatened by have bred the species,’’ there is no the only protected area large enough to habitat destruction. formal effort to ranch the species (K.S. maintain a viable population. This B. Overutilization for commercial, Brown, Jr., pers. comm. 2004). A survey species is also potentially threatened by recreational, scientific, or educational of German markets reported female overutilization for commercial purposes purposes: Although the species flies Fluminese swallowtails selling for and inadequate penalties to thwart high, making it harder to catch, ‘‘local US$560 (Melisch 2000; Schu¨ tz 2000), commercial collection. The combination people can at times effectively reduce

VerDate jul<14>2003 12:53 Dec 06, 2004 Jkt 205001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 70587

populations since they know [this Igarashi 2001; Tordoff et al. 1999). The mining activities (E–Law 2002), and a species’] habits’-(K.S. Brown, Jr., pers. larval foodplant may differ across the recent report to by the Forest comm. 2004). Many experts agree that species’ range, including Magnolia Ministry considers habitat destruction species with restricted distributions or campbellii Hook.f. and Thompson in to be a critical threat to biodiversity, localized populations, such as Hahnel’s (Yen and Yang 2001); Magnolia including this species (HMGN 2002). In Amazonian swallowtail, are more spp. L. in (Funet 2004); Vietnam, the species is confirmed in vulnerable to over-collection than those spp. L. in , Nepal, and three Nature Reserves, in areas where with a wider distribution (K.S. Brown, (Funet 2004); and Daphne disturbance levels are low (Lien 2003; Jr., pers. comm. 2004; R. Robbins, pers. nipalensis (authority and common name Tordoff et al. 1999; Trai and Richardson comm. 2004). Commercial exploitation unknown) in India (Robinson et al. 1999). Habitat degradation is a potential threat to this species 2004). Though this species was first (deforestation and land conversion) is a (Melisch 2000; New and Collins 1991; described in 1843, its life history was primary threat to this species in Schu¨ tz 2000; Tyler et al. 1994). A not well characterized until 1986 Thailand (FAO 2001). Thus, this species survey of German markets found (Igarashi and Fukuda 2000). The Kaiser- is known to be threatened by habitat swallowtails to be among the most I-Hind swallowtail produces two broods destruction in some of its countries. popular species being sold; Hahnel’s per year (spring and late summer) B. Overutilization for commercial, Amazonian swallowtail has sold for (Igarashi 2001). Females are much larger recreational, scientific, or educational USD$200 per pair (Schu¨ tz 2000). The and rarer than males (Bond 1964). purposes: The Kaiser-I-Hind swallowtail species is not listed under CITES. It is The species’ range is larger today than was listed in CITES Appendix II in 1987 listed on the European Commission’s known at the time of the original and is listed in Annex B of the European Annex B, which regulates imports of petition, with confirmed reports in Laos, Union’s Council Regulation (see certain species into Europe (see Papilio Thailand, and Vietnam (FAO 2001; Oaxacan swallowtail, D.). CITES trade esperanza, B.), but it is unclear how this Igarashi 2001; Masui and Uehara 2000; data, obtained from the World listing has affected trade in this species. Osada et al. 1999). The range of the Conservation Monitoring Centre, As such, we believe that overutilziation Kaiser-I-Hind swallowtail overlaps with indicate that only 152 Kaiser-I-Hind for commercial purposes may constitute that of its close relative, the golden swallowtail specimens were traded a threat to the survival of the species. Kaiser-I-Hind swallowtail (Teinopalpus between 1991 and 2002, and originated C. Disease or predation: There is no aureus) in Laos and Vietnam. The primarily from China (John Caldwell, information to suggest that this species golden Kaiser-I-Hind swallowtail, which WCMC, pers. comm. 2004). Nearly half is subject to any threat from disease or is listed in CITES Appendix II, is of these were imported into the United predation. generally larger than the Kaiser-I-Hind States, all originating from China and D. Inadequacy of existing regulatory swallowtail (Masui and Uehara 2000; declared as wild-collected. In a 3-month mechanisms: Hahnel’s Amazonian Igarashi 2001). The IUCN lists the period (June–August 2004), a dealer in swallowtail is listed as a species ‘‘under Kaiser-I-Hind swallowtail in the China sold 23 unmounted specimens: 4 study’’ (Brown 1996). It is not listed on category of least concern (IUCN 2003), to one buyer in Germany and the rest to the Brazilian list of animals threatened but it is considered ‘‘rare’’ by Collins buyers in the United States. The average with extinction (MMA 2004). This may and Morris (1985) and Tyler et al. selling price was US$107 for females be due to the species’ wide range and (1994). Despite its widespread and US$45 for males. This commercial tendency to be locally common (K.S. distribution, local populations are not activity could not be compared with Brown, Jr., pers. comm. 2004). abundant (Collins and Morris 1985). CITES trade data because the 2004 E. Other natural or manmade factors The actual population status in , CITES data will not be available until affecting its continued existence: There India, Laos, Myanmar, and Thailand is October 31, 2005. The Kaiser-I-Hind and is potential for foodplant competition unknown, although it has been golden Kaiser-I-Hind swallowtails with a sympatric butterfly, Parides confirmed to be extant in Nepal, resemble each other and both are chabrias ygdrasilla (common name Thailand, and Vietnam. No butterflies commercially valuable. The species’ unknown) (Collins and Morris 1985). are listed on the 1992 Red Data Book of ranges overlap in at least two, possibly Hahnel’s Amazonian swallowtail is Vietnam (Trai and Richardson 1999). In three, range countries, so there is a known from only three localities and 1994, Chinese experts considered the potential for both species to be collected consists of highly localized populations, species to be in ‘‘immediate danger of due to their resemblance to each other. which makes them potentially extinction,’’ with no verified There are unconfirmed reports that vulnerable to over-collection. occurrences in half a century (Professor this species is being captive-bred in Hahnel’s Amazonian swallowtail is a Wang Sung, Executive Vice Chairman of China (Yen and Yang 2001), where it is species that does not represent a the Endangered Species Scientific considered to be more valuable than the monotypic genus. It faces threats that Commission of China, pers. comm. southern tailed birdwing (Watanabe are low to moderate in magnitude, and 1994). However, recent publications 1997). In Nepal, collectors would the immediacy of the threat is non- indicate that the species remains extant commonly lie in wait for the butterflies imminent. Therefore, it receives a in China, although there is no in mountaintop encampments (New and priority rank of 11. information on population status (Pai Collins 1991). According to the Nepal and Wang 1998; Pai et al. 1996; Forestry Ministry, the high commercial Kaiser-I-Hind Swallowtail (Teinopalpus Watanabe 1997; Yen and Yang 2001). value of endangered species on the local imperialis Hope 1843) A. Present or threatened destruction, and international market may result in The Kaiser-I-Hind swallowtail is modification, or curtailment of its local extinctions of many of Nepal’s native to the Himalayan regions of habitat or range: Despite a Chinese most endangered plants and animals, Bhutan, China, India, Laos, Myanmar, moratorium on logging in 1999, Kaiser- including this species (HMGN 2002). Nepal, Thailand, and Vietnam. I-Hind swallowtail populations Unsustainable collection (for Preferring undisturbed montane continued to be threatened by consumption or souvenirs) is a primary deciduous forests, this fast-flying commercial and illegal logging in 2001 threat to this species in Thailand (FAO species flies near the treetops at (Yen and Yang 2001). In Nepal, the 2001). Thus, overutilization for altitudes of 1500–3050 m (Bond 1964; species is threatened by limestone commercial purposes threatens this

VerDate jul<14>2003 12:53 Dec 06, 2004 Jkt 205001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1 70588 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules

species throughout a significant portion magnitude and imminent. It therefore being made, and our progress on listing of its range. receives a priority rank of 8. species previously found to be warranted but precluded is reported C. Disease or predation: There is no Summary of Findings information to suggest that this species annually in the Federal Register. Our is subject to any threat from disease or The Service has carefully assessed the most recent annual notice on these 12- predation. best scientific and commercial month ‘‘resubmitted’’ petition findings information available regarding the D. Inadequacy of existing regulatory on foreign species was published on present and future threats facing the mechanisms: The Kaiser-I-Hind May 21, 2004 (69 FR 29354). We seven foreign butterfly species in this swallowtail is not protected under the published a complete description of our petition. Based on our review, we find Wildlife Conservation law of Taiwan listing priority system on September 21, that two species, the Oaxacan (Yen and Yang 2001). In Nepal, where 1983 (48 FR 43098). The listing priority swallowtail and southern tailed it is listed as threatened, the species is number for each of the five butterfly birdwing, do not warrant listing under protected by the National Parks and species found to be warranted but the Act because, as summarized above Wildlife Conservation Act of 1973 precluded is presented in Table 1. Other for each of these species, new (HMGN 2002). Protective legislation in foreign species, comprising a large populations have been discovered and India and Nepal has previously been number of birds covered by petitions neither species is subject to significant considered ineffective (New and Collins received in 1980 and 1991, have listing threats that cause the species to be 1991). In Thailand, the Kaiser-I-Hind priority numbers that are equal to or threatened with extinction throughout a swallowtail is listed under the 1992 higher than those of at least some of the significant portion of its range. Further, Wildlife Reservation and Protection Act butterflies. both are strictly protected within their of 1992, which makes it illegal to collect As required by Section 4(b)(3)(C)(i) of respective ranges. Thus, this (whether wild or dead) or to have the the Act, the Service will reassess the determination of not warranted for these species in one’s possession (FAO 2001). warranted-but-precluded finding when two butterfly species constitutes the Despite regulation in international trade we publish our annual notice on agency’s final action on these species at by CITES and on Annex B in Europe, we resubmitted petition findings for foreign this time. However, we request that you believe that this species is threatened by species. The Service seeks data and submit any new information for these a lack of specific regulatory mechanisms comments from the public on this species concerning status and threats for the species itself as well as its petition finding. We will continue to whenever it becomes available. This habitat throughout a significant portion monitor the status of these species as information will help us monitor the of its range. new information becomes available. Our status of these species and encourage E. Other natural or manmade factors review of any new information received their conservation. will determine if a change in status is affecting its continued existence: A We also find, as discussed above, that review of the available information did warranted, including the need to list the remaining five species, Harris’ any species on an emergency basis. not indicate that this species was mimic swallowtail, the Jamacian kite threatened by other factors. swallowtail, the Fluminese swallowtail, References Cited In summary, the Kaiser-I-Hind Hahnel’s Amazonian swallowtail, and A complete list of all references cited swallowtail is a wide-ranging species the Kaiser-I-Hind swallowtail, warrant in this petition finding is available on that is experiencing varying degrees of listing as threatened. However, the request from the Division of Scientific threat throughout its range. There is publication of a proposed rule to list Authority (see ADDRESSES section). potential for habitat destruction in at these species remains precluded by least four range countries, and other higher-priority listing actions. Author collection for commercial purposes is Section 4(b)(3)(B)(iii) of the Act The primary author of this document reported throughout its range. However, indicates that the Service may make is Dr. Patricia De Angelis, Division of regulatory mechanisms may not be warranted-but-precluded findings with Scientific Authority, U.S. Fish and adequately protecting the species from regard to cases in which (1) an Wildlife Service, 4401 North Fairfax these threats. The combination of these immediate proposed rule is precluded Drive, Room 750, Arlington, Virginia factors potentially threatens this species by higher-priority proposals to list 22203. throughout a significant portion of its species as endangered or threatened, range. and (2) expeditious progress is being Authority The Kaiser-I-Hind swallowtail does made on other listing measures. The authority for this action is the not represent a monotypic genus. It Expeditious progress in listing Endangered Species Act (16 U.S.C. 1531 faces threats that are low to moderate in endangered and threatened species is et seq.).

TABLE 1.—PETITION FINDING FOR SEVEN FOREIGN SPECIES OF SWALLOWTAIL BUTTERFLIES (FAMILY: PAPILIONIDAE) [R=listing not warranted/removed; C=listing warranted but precluded]

Status Scientific name Synonyms Common name Historic range Category Priority

C ...... 12 ...... Eurytides lysithous lysithous Harris’ mimic swallowtail ..... Brazil, Paraguay (?). harrisianus. harrisianus; Mimoides lysithous harrisianus. C ...... 5 ...... Eurytides marcellinus ...... Graphium marcellinus; Jamaican kite swallowtail Jamaica. Neographium marcellinus; Blue swallowtail. Protographium marcellinus (nom. inv.); Protesilaus marcellinus.

VerDate jul<14>2003 12:53 Dec 06, 2004 Jkt 205001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 70589

TABLE 1.—PETITION FINDING FOR SEVEN FOREIGN SPECIES OF SWALLOWTAIL BUTTERFLIES (FAMILY: PAPILIONIDAE)— Continued [R=listing not warranted/removed; C=listing warranted but precluded]

Status Scientific name Synonyms Common name Historic range Category Priority

R ...... n/a ...... Papilio esperanza ...... Pterourus esperanza Oaxacan swallowtail, La Mexico. Heraclides esperanza. llamadora. C ...... 5 ...... Parides ascanius ...... n/a ...... Fluminese swallowtail, Brazil. Ascanius swallowtail. C ...... 11 ...... Parides hahneli ...... n/a ...... Hahnel’s Amazonian swal- Brazil. lowtail. R ...... n/a ...... Ornithoptera meridionalis .... Troides meridionalis; Southern tailed birdwing ..... Indonesia, Papua New Schoenbergia Guinea. meridionalis. C ...... 8 ...... Teinopalpus imperialis ...... n/a ...... Kaiser-I-Hind swallowtail, Bhutan, China, India, Laos, Emperor of India. Myanmar, Nepal, Thai- land, Vietnam.

Dated: November 18, 2004. Consolidated Appropriations Act of FOR FURTHER INFORMATION CONTACT: Marshall P. Jones, Jr., 2004, and other applicable laws. Melanie Brown, 907–586–7228 or Deputy Director, Fish and Wildlife Service. DATES: Written comments must be [email protected]. [FR Doc. 04–26611 Filed 12–6–04; 8:45 am] received by January 21, 2005. SUPPLEMENTARY INFORMATION: The BILLING CODE 4310–55–P ADDRESSES: Send comments to Sue groundfish fisheries in the exclusive Salveson, Assistant Regional economic zone of the Bering Sea and Aleutian Islands management area DEPARTMENT OF COMMERCE Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: (BSAI) are managed under the FMP. The National Oceanic and Atmospheric Lori Durall. Comments may be North Pacific Fishery Management Administration submitted by: Council (Council) prepared the FMP • Mail: P.O. Box 21668, Juneau, AK under the authority of the Magnuson- 50 CFR Part 679 99802. Stevens Act, 16 U.S.C. 1801, et seq. • Hand delivery to the Federal Regulations implementing the FMP [Docket No. 041117321–4321–01; I.D. appear at 50 CFR part 679. General 110904D] Building: 709 West 9th Street, Room 420A, Juneau, AK. regulations governing U.S. fisheries also appear at 50 CFR part 600. RIN 0648–AS37 • Fax: 907–586–7557. • The Council has submitted Fisheries of the Exclusive Economic E-mail: BSA82–0648– Amendment 82 for review by the Zone Off Alaska; Aleutian Islands [email protected]. Include in the subject Secretary of Commerce, and a Notice of Subarea Directed Pollock Fishery line the following document identifier: Availability of the amendment was AI pollock proposed rule. E-mail published in the Federal Register on AGENCY: National Marine Fisheries comments, with or without attachments, Service (NMFS), National Oceanic and November 16, 2004 (69 FR 67107), with are limited to 5 megabytes. comments on the amendment invited Atmospheric Administration (NOAA), • Webform at the Federal Commerce. through January 18, 2005. Comments eRulemaking Portal: may address the FMP amendment, the ACTION: Proposed rule; request for www.regulations.gov. Follow the proposed rule, or both, but must be comments. instructions at that site for submitting received by January 18, 2005, to be SUMMARY: NMFS issues a proposed rule comments. considered in the approval/disapproval that would implement Amendment 82 Copies of the Environmental decision on the FMP amendment. All to the Fishery Management Plan for Assessment/Regulatory Impact Review comments received by that time, Groundfish of the Bering Sea and (EA/RIR) prepared for the proposed whether specifically directed to the Aleutian Islands Management Area rule, the 2000 FMP level biological FMP amendment or to the proposed (FMP). Amendment 82, if approved, opinion, and the 2001 biological rule, will be considered in the approval/ would establish a framework for opinion and its June 2003 supplement disapproval decision on the FMP management of the Aleutian Islands for the Steller sea lion protection Amendment. subarea (AI) directed pollock fishery. measures may be obtained from the Background This action is necessary to implement addresses stated above or from the provisions of the Consolidated Alaska Region NMFS website at The Consolidated Appropriations Act Appropriations Act of 2004 that require www.fakr.noaa.gov. of 2004 (Public Law (Pub. L.) 108–199) the AI directed pollock fishery to be Written comments regarding the was signed into law on January 23, allocated to the Aleut Corporation for burden-hour estimates or other aspects 2004. Section 803 of this law allocates the purpose of economic development of the collection-of-information the AI directed pollock fishery to the of Adak, Alaska. This action is intended requirements contained in this proposed Aleut Corporation for economic to promote the goals and objectives of rule may be submitted to NMFS, Alaska development of Adak, Alaska. The the Magnuson-Stevens Fishery Region, and by e-mail to statute permits the Aleut Corporation to Conservation and Management Act [email protected], or fax to authorize one or more agents for (Magnuson-Stevens Act), the FMP, 202–395–7285. activities necessary for conducting the

VerDate jul<14>2003 12:53 Dec 06, 2004 Jkt 205001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1