Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations 36755

[FR Doc. 2018–16266 Filed 7–30–18; 8:45 am] What this document does. This rule warranted, (2) requested from the public BILLING CODE 6560–50–P will add the following five scientific and commercial data and to the List of Endangered and other information regarding the species, Threatened Wildlife in title 50 of the and (3) notified the public that at the DEPARTMENT OF THE INTERIOR Code of Federal Regulations (50 CFR conclusion of our review of the status of 17.11(h)) as endangered species: these species, we would issue a 12- Fish and Wildlife Service fasciata, P. ornata, P. month finding on the petition, as smithi, P. subfusca, and P. vittata. provided in section 4(b)(3)(B) of the Act. 50 CFR Part 17 The basis for our action. Under the We published a 12-month finding and Act, we use the best available scientific proposed rule for listing the five [Docket No. FWS–HQ–ES–2016–0076; and commercial data to determine Poecilotheria species that are endemic 4500030115] whether a species meets the definition to Sri Lanka (, P. RIN 1018–BC82 of a ‘‘threatened species’’ or an ornata, P. pederseni, P. smithi, and P. ‘‘endangered species’’ because of any subfusca) on December 14, 2016 (81 FR Endangered and Threatened Wildlife one or more of the following five factors 90297). In our 12-month finding and and Plants; Endangered Species or the cumulative effects thereof: (A) proposed rule we determined that these Status for Five Poecilotheria Tarantula The present or threatened destruction, five species were in danger of extinction Species From Sri Lanka modification, or curtailment of its throughout their ranges and proposed habitat or range; (B) Overutilization for listing them as endangered under the AGENCY: Fish and Wildlife Service, commercial, recreational, scientific, or Interior. Act. We requested input from the educational purposes; (C) Disease or public, range country, other interested ACTION: Final rule. predation; (D) The inadequacy of parties, and peer reviewers during a 60- existing regulatory mechanisms; or (E) SUMMARY: We, the U.S. Fish and day public comment period that ended Other natural or manmade factors February 13, 2017. Wildlife Service (Service), determine affecting its continued existence. We endangered species status under the have determined on the basis of the best Summary of Changes From the Endangered Species Act of 1973, as available scientific and commercial data Proposed Rule amended, for the following five that P. fasciata, P. ornata, P. smithi, P. In preparing this final rule, we tarantula species from Sri Lanka: subfusca, and P. vittata are in danger of Poecilotheria fasciata, P. ornata, P. reviewed and fully considered extinction because of ongoing habitat comments from the public and peer smithi, P. subfusca, and P. vittata. The loss and degradation and the cumulative effect of this regulation will be to add reviewers on the proposed rule. This effects of this and other threat factors. final rule incorporates minor changes to these species to the List of Endangered One species, P. smithi, is also in danger and Threatened Wildlife. our proposed listing based on the of extinction because of the effects of comments we received (See: Summary DATES: This rule becomes effective stochastic (random) processes. of Comments and Recommendations). August 30, 2018. Peer review and public comment. We ADDRESSES: This final rule is available sought comments from independent Background on the internet at http:// peer reviewers to ensure that our and Species Descriptions www.regulations.gov at docket number designation is based on scientifically Poecilotheria is a of arboreal FWS–HQ–ES–2016–0076. Comments sound data and analyses. We invited endemic to Sri Lanka and India. and materials we received, as well as these peer reviewers to comment on our The genus belongs to the supporting documentation we used in listing proposal. We also considered all Theraphosidae, often referred to as preparing this rule, are available for comments and information received , within the infraorder public inspection at http:// from the public during the comment . As with most www.regulations.gov. period. theraphosid genera, Poecilotheria is a FOR FURTHER INFORMATION CONTACT: Don Previous Federal Action poorly understood genus. The taxonomy Morgan, Chief, Branch of Delisting and We received a petition, dated October has never been studied using modern Foreign Species, Ecological Services, 29, 2010, from WildEarth Guardians DNA technology; therefore, species U.S. Fish and Wildlife Service, MS: ES, requesting that the following 11 descriptions are based solely on 5275 Leesburg Pike, Falls Church, VA tarantula species in the genus morphological characteristics. 22041–3803; telephone, 703–358–2171. Poecilotheria be listed under the Act as Consequently, there have been several Persons who use a telecommunications endangered or threatened: Poecilotheria revisions, additions, and subtractions to device for the deaf (TDD) may call the fasciata, P. formosa, P. the list of Poecilotheria species over the Federal Relay Service at 800–877–8339. hanumavilasumica, P. metallica, P. last 20 years (Nanayakkara 2014a, pp. SUPPLEMENTARY INFORMATION: miranda, P. ornata, P. pederseni, P. 71–72; Gabriel et al. 2013, entire). rufilata, P. smithi, P. striata, and P. The World Catalog (2017, Executive Summary subfusca. The petition identified itself unpaginated; 2016, unpaginated) Why we need to publish a rule. Under as such and included the information as currently recognizes 14 species of the Endangered Species Act of 1973, as required by 50 CFR 424.14(a). We Poecilotheria. The Integrated amended (Act; 16 U.S.C. 1531 et seq.), published a 90-day finding on December Taxonomic Information System a species may be protected through 3, 2013 (78 FR 72622), indicating that currently identifies 16 species in the listing as an endangered species or the petition presents substantial genus, based on the 2011 version of the threatened species if it meets the scientific and commercial information same catalog. Because the World Spider definition of an ‘‘endangered species’’ or indicating that listing these 11 species Catalog is the widely accepted authority ‘‘threatened species’’ under the Act. may be warranted. At that time we also on , we consider the Listing a species as an endangered or (1) notified the public that we were Poecilotheria species recognized by the threatened species can only be initiating a review of the status of these most recent (2017) version of this completed by issuing a rule. species to determine if listing them is catalog to be valid. Based on the World

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Spider Catalog, all five of the species Captive Poecilotheria Tarantula General Biology addressed in this rule are considered Most captive individuals of Tarantulas possess life-history traits valid taxon, although P. pederseni is Poecilotheria species are in the pet markedly different from most spiders now considered a junior to the trade; few specimens of the species and other (Bond et al. 2006, currently accepted name P. vittata. addressed in this rule are held in zoos p. 145). They are long-lived, have Therefore, in the remainder of this (Species360 2017, unpaginated). delayed sexual maturity, and most are document we refer to this species as P. Poecilotheria species are commonly habitat specialists that are extremely vittata. Further, all five of these species bred in captivity by amateur hobbyists sedentary. They also have poor have multiple common names (see as well as vendors, and are available as dispersal ability because their mode of WildEarth Guardians 2010, p. 4); thus, captive-bred young in the pet trade in travel is limited to walking, and they we refer to them by their scientific the United States, Europe, and typically do not move far from the area names throughout this document. elsewhere (see Trade). However, while in which they are born. As a result, the Poecilotheria species are among the rearing and keeping of captive distribution of individuals tends to be largest spiders in the world, with body individuals by hobbyists and vendors highly clumped in suitable lengths of 4 to 9 centimeters (1.5 to 3.5 has provided information on life history microhabitats (a smaller habitat within inches) and maximum adult leg spans of these species, we are not aware of any a larger habitat), populations are varying from 15 to 25 centimeters (6 to existing conservation programs for these extremely genetically structured 10 inches) (Nanayakkara 2014a, pp. 94– species, including any in which (genetically subdivided; gene 129; Molur et al. 2006, p. 23). They are specimens held or sold as pets frequencies differ across the known for their fast movements and contribute to the viability of these population), and the group shows a high potent venom that, in humans, typically species within their native ranges in the level of endemism (species restricted to causes extended muscle cramps and wild. a particular geographical location) severe pain (Fuchs 2014, p. 75; Individuals of these species that are (Ferreti et al. 2014, p. 2; Hedin et al. Nanayakkara and Adikaram 2013, p. held or sold as pets hold limited 2013, p. 509, citing several sources; 53). They are hairy spiders and have conservation value to the species in the Bond et al. 2006, pp. 145–146, citing striking coloration, with dorsal color wild because they are not genetically several sources). patterns of gray, black, brown, and in managed for conservation purposes. Tarantulas are primarily nocturnal one case, a metallic blue. Ventral Individuals in the pet trade descend and typically lead a hidden life, coloration of either sex is typically more from wild individuals from unknown spending much of their time concealed of the same with the exception of the locations, have undocumented lineages, inside burrows or crevices (retreats) that first pair of legs, which in some species come from limited stock (e.g., see provide protection from predators and bear bright yellow to orange aposematic Gabriel 2012, p. 18), and are bred the elements (Foelix 2011, p. 14; Molur (warning) markings that are visible without knowledge or consideration of et al. 2003, unpaginated; Gallon 2000, when the spider presents a defensive their genetics. They also likely include unpaginated). They are very sensitive to display. Mature spiders exhibit some an unknown number of hybrid vibrations and climatic conditions, and sexual dimorphism with mature males individuals resulting from intentional usually do not come out of their retreats having a more drab coloration and being crosses, or unintentional crosses in conditions like rains, wind, or significantly smaller than the adult resulting from confusion and difficulty excessive light, or when they detect females (Siliwal 2017, unpaginated; in species taxonomy and identification movement outside their retreat (Molur et al. 2003, unpaginated). Tarantulas are Nanayakkara 2014a, entire; Pocock (Gabriel 2011a, pp. 25–26; Gabriel et al. 2005, p. 4; Gabriel 2003, pp. 89–90). generalist predators that sit and wait for 1899, pp. 84–86). Further, many are likely several passing prey near the entrance of their The primary characteristics used to generations removed from wild retreats (Gallon 2000, unpaginated). distinguish Poecilotheria species are ancestors and thus may be adversely With the exception of reproductive ventral leg markings (Gabriel 2010 p. 13, affected by inbreeding or maladapted to males that wander in search of females citing several authors). Some authors conditions in the wild. In short, captive during the breeding season, they leave indicate that identification via leg individuals held or sold as pets do not their retreat only briefly for capturing markings is straightforward for most adhere to the IUCN guidelines for prey, and quickly return to it at the Poecilotheria species (Nanayakkara reintroductions and other conservation slightest vibration or disturbance (Foelix 2014a, pp. 74–75; Gabriel 2011a, p. 25). translocations (IUCN 2013, entire). 2011, p. 14; Stotley and Shillington However, the apparent consistent leg Further, we are not aware of any 2009, pp. 1210–1211; Molur et al. 2003, patterns observed in adults of a species captive-breeding programs for unpaginated). Tarantulas generally could also be a function of specimens Poecilotheria that adhere to IUCN inhabit a suitable retreat for extended being collected from a limited number guidelines. periods and may use the same retreat for of locations (Morra 2013, p. 129). During Because (1) the purpose of our status years (Stotley and Shilling 2009, pp. surveys, researchers found more assessments is to determine the status of 1210–1211; Stradling 1994, p. 87). Most variation than suggested by published the species in the wild, (2) we are not tarantulas are solitary, with one spider species descriptions and indicated that aware of any information indicating that occupying a retreat (Gallon 2000, identifying Poecilotheria species is not captive individuals are contributing to unpaginated). as straightforward as suggested by the conservation of these species in the The lifestyle of adult male tarantulas current descriptions (Molur et al. 2003, wild, and (3) captive individuals held or differs from that of adult females and unpaginated). Immature spiders sold as pets have limited value for juveniles. Females and juveniles are (juveniles) lack the variation in coloring conservation programs or for sedentary, spending most of their time found in adults. As a result, they are reintroduction purposes, we place little in or near their retreat. Adult females difficult to differentiate visually; genetic weight on the status of captive are long-lived and continue to grow, analysis may be the only way to reliably individuals in our assessment of the molt, and reproduce for several years identify juveniles to species (Longhorn status of the five Poecilotheria species after reaching maturity (Ferreti et al. 2014a, unpaginated). addressed in this rule. 2014, p. 2, citing several sources; Costa

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and Perez-Miles 2002, p. 585, citing mating of females likely depends on the Poecilotheria Habitat several sources; Gallon 2000, density of males in the vicinity. In a Microhabitat unpaginated). They are capable of study conducted on an arboreal tropical producing one brood per year, although tarantula ( avicularia in Poecilotheria occupy preexisting they do not always do so (Ferreti et al. Trinidad), less than half of adult females holes or crevices in trees or behind 2014, p. 2; Stradling 1994, pp. 92–96). produced eggs in the same year despite loose tree bark (Molur et al. 2006, p. 31; Males have shorter lifespans than the fact that they were in close Samarawckrama et al. 2005; Molur et al. 2003 unpaginated; Kirk 1996, pp. 22– females and, after reaching maturity, no proximity to each other and exhibited 23). Individuals of some species are also longer molt and usually only live one or the same weight gain, possibly due to a occasionally found in grooves or two breeding seasons (Costa and Perez- failure to mate (Stradling 1994, p. 96). Miles 2002, p. 585, Gallon 2000, crevices in or on other substrates such unpaginated). Further, on reaching Time to maturity in Poecilotheria as rocks or buildings that are close to maturity, males leave their retreats to species varies and is influenced by the wooded areas (Samarawckrama et al. wander in search of receptive females temperature at which the young are 2005, pp. 76, 83; Molur et al. 2003, with which to mate (Stotley and raised and amount of food provided unpaginated). In a survey in Sri Lanka, Shillington 2009, pp. 1210–1211). Males (Gabriel 2006, entire). Based on 89 percent (31) of Poecilotheria spiders appear to search the landscape for observations of captive Poecilotheria, were found in or on trees, while 11 females randomly and, at short range, males mature from spiderlings to adults percent (4) were found in or on may be able to detect females through in 11 to16 months (Gabriel 2011b, p. buildings (Samarawckrama et al. 2005, contact sex-pheromones on silk 101; Gabriel 2005, entire). Females p. 76). Poecilotheria species are said to deposited by the female at the entrance mature in 14 to 48 months and generally have a preference for residing in old, of her retreat (Ferreti et al. 2013, pp. 88, live an additional 60 to 85 months after established trees with naturally 90; Janowski-Bell and Horner 1999, pp. maturing (Cowper 2017, unpaginated; occurring burrows (Nanayakkara 2014a, 506, 509; Yanez et al. 1999, pp. 165– Weaver 2017, unpaginated; Gabriel p. 86). Some species also appear to 167; Stradling 1994, p. 96). Males may 2012, p. 19; Government of Sri Lanka prefer particular tree species cover relatively large areas when and Government of the United States (Nanayakkara 2014a, p. 84; searching for females. Males of a 2000, p. 3), although they have been Samarawckrama et al. 2005, p. 76). ground-dwelling temperate species reported living up to 14 years (Gallon Macrohabitat ( anax) are reported 2012, p. 69). Females lay about 50 to covering search areas up to 29 ha (72 Most Poecilotheria species occur in 100 eggs, 5 to 6 months after mating forested areas, although some acres), though the mean size of areas (Nanayakarra 2014a, p. 79; Gabriel searched is much smaller (1.1 ± 0.5 ha occasionally occur in other treed 2011b, entire; Gabriel 2005, p. 101). In one year and 8.8 ± 2.5 ha another year) habitats such as plantations captivity, generation time appears to be (Stotley and Shillington 2009, p. 1216). (Nanayakkara 2014a, p. 86; Molur et al. When a male locates a receptive roughly 2–3 years (see Gabriel 2011b, 2006, p. 10; Molur et al 2003, entire; female, the two will mate in or near the entire; Gabriel 2006, p. 96; Gabriel 2005, Smith et al. 2001, entire). Poecilotheria entrance to the female’s retreat. After entire). While captive individuals are less abundant in degraded forest mating, the female returns to her retreat provide some indication of potential (Molur et al. 2004, p. 1665). Less where she eventually lays eggs within growth, longevity, and reproductive complex, degraded forests may contain an egg-sac and tends the eggs until they capacity of wild individuals, these fewer trees that provide adequate hatch. Spiderlings reach maturity in one variables are likely to vary with retreats for these species and less cover or more years (Gallon 2000, conditions in the wild. Poecilotheria are for protection from predators and the unpaginated). ectotherms and, as such, their elements. Trees with broad, dense physiological and developmental canopy cover likely provide Poecilotheria Biology processes including growth and Poecilotheria in hotter, dryer habitats Limited information is available on reproduction are strongly influenced by protection from heat and desiccation Poecilotheria species in the wild. While body temperature and it is likely that (Siliwal 2008, pp. 12, 15). We provide they appear to be typical tarantulas in captive-rearing of these species is additional, species-specific information many respects, they differ from most primarily done under ideal on habitat below. tarantulas in that they are somewhat environmental conditions for Sri Lanka social (discussed below) and reside in reproduction and growth. trees rather than ground burrows (see Sri Lanka is an island nation about Unlike most tarantulas, which are Microhabitat). 65,610 square kilometers (km 2) (25,332 Poecilotheria species are patchily solitary, most Poecilotheria species square miles (mi 2)) in area (Weerakoon distributed (Siliwal et al. 2008, p. 8) and display a degree of sociality. Adult 2012, p. xvii), or about the size of West prey on a variety of insects, including females often share their retreat with Virginia (Fig. 1). The variation in winged termites, beetles, grasshoppers, their spiderlings. Eventually as the topography, soils, and rainfall on the and moths, and occasionally small young mature, they disperse to find island has resulted in a diversity of vertebrates (Das et al. 2012, entire; denning areas of their own. ecosystems with high levels of species Molur et al. 2006, p. 31; Smith et al. Occasionally young remain on their endemism (Government of Sri Lanka 2001, p. 57). natal tree to breed, or three to four adult (GOSL) 2014, pp. xiv–xv). Sri Lanka, We are not aware of any information females will share the same retreat together with the Western Ghats of regarding the reproductive success of (Nanayakkara 2014a, pp. 74, 80). These India, is identified as a global wild Poecilotheria species. However, semi-social behaviors are believed to be hotspot, and is among the reproduction may be greatly reduced a response to a lack of availability of eight ‘‘hottest hotspots,’’ (Myers et al. during droughts (Smith et al. 2001, pp. suitable habitat (trees) in which 2000, entire). 46, 49). Additionally, given the individuals can reside (Nanayakkara Sri Lanka consists of a mountainous apparently random searching for 2014a, pp. 74, 80; Gallon 2000, region (central highlands), reaching females by male tarantulas, successful unpaginated). 2,500 meters (8,202 feet) in elevation, in

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the south-central part of the island regions based on altitude. The dry zone, Further, information on species surrounded by broad lowland plains in which most of the land area of Sri abundance or population dynamics is (GOSL 2012, p. 2a–3–141) (Fig. 2). The Lanka occurs, is spread over much of not available on any of the five species; country has a tropical climate the lowland plains and is subjected to therefore, population trends are characterized by two major monsoon several months of drought (MOE 2010, unknown. However, based upon the periods: the southwest monsoon from pp. 21–22) (Fig. 2). Most of the rain in multitude of threats acting on these May to September and the northeast this zone comes from the northeast species, especially extensive and monsoon from December to February monsoon and inter-monsoonal rains ongoing habitat loss and degradation, (GOSL 2012, pp. 7–8). (MOE 2010, pp. 21–22; Malgrem 2003, experts believe populations are Sri Lanka’s central highlands create a p. 1236). Characteristic forest types declining, and that these species are rain shadow effect that gives rise to two occur within each of the different very likely to go extinct within the next pronounced climate zones—the wet climate zones. two or three decades (Nanayakkara and zone and dry zone—and a less extensive Species-Specific Information Adikaram 2013, p. 54). We are not intermediate zone between the two Each of the five species addressed in aware of any existing conservation (Ministry of Environment–Sri Lanka this finding is endemic to Sri Lanka and programs for these species. All five (MOE) 2010, pp. 21–22) (Fig. 2). Small has a range restricted to a particular species are categorized on the National arid zones also occur on the region and one or two of Sri Lanka’s Red List of Sri Lanka as Endangered or northwestern and southeastern ends of climate zones (Nanayakkara 2014a, pp. Critically Endangered based on their the country (Nanayakkara 2014a, p. 22). 84–85) (Fig. 1, Fig. 2). Due to their area of occupancy (Critically Annual rainfall ranges from less than secretive and nocturnal habits, Endangered: less than 10 km 2; 1,000 millimeters (mm) (39.4 inches sensitivity to vibrations, and their Endangered: less than 500 km 2) and (in)) in the arid zone to over 5,000 mm occurrence in structurally complex distribution (Critically Endangered: (197 in) in the wet zone of the central habitat (forest), Poecilotheria species are severely fragmented or known to exist at highlands (Jayatillake et al. 2005, pp. difficult to detect (Molur et al. 2003, only a single location; Endangered: 66–67). Mean annual temperature ° unpaginated). Therefore, reported severely fragmented or known to exist at ranges from 27 degrees Celsius ( C) (80.6 ranges are possibly smaller than the degrees Fahrenheit (°F)) in the lowlands no more than five locations), and the ° ° actual ranges of these species. However, status (continuing decline, observed, to 15 C (59 ; F) in the highlands surveys for these species were (Eriyagama et al. 2010, p. 2). inferred or projected, in the area, extent, conducted at many locations throughout or quality, or any combination of the The wet zone is located in the the country during 2009–2012 by three) of their habitat (MOE 2012, p. 55; southwestern quarter of the island, Nanayakkara et al. (2012, entire), and IUCN 2001, entire). where high annual rainfall is we consider the locations reported in maintained throughout the year by rain Nanayakkara (2014a, entire) to reflect For locations discussed in species- received during both monsoons and the best available information specific information below, see Fig. 1. during inter-monsoonal periods (MOE concerning the ranges of these species. For locations of the ranges of the 2010, pp. 21–22) (Fig. 2). The wet zone Historical ranges for the five species different species, see Fig. 2. is divided into low, mid, and montane addressed in this rule are unknown. BILLING CODE 4333–15–P

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Fiaare 1 .. Districts aad Climate Zoaes of Sri Laaka.

Legend Districts .. Wet Zone 1. Jaffna Intennediate Zone 2. Killinochchi DiyZone 3. Mullaitivu -- Sri Lanka Districts 4· Mannar 5. Vavuniya 6. Trincomalee 7. Anuradhapura 8. Puttalam 9. Kurunegala 10. Matale ll. Polonnamwa 12. Baticaloa 13. Ampara 14. Badulla 15. Kandy 16. Kegalle 17. Gampaha 18. Colombo 19. Kalutara 20. Ratnapura 21. Nuwara Eliya 22. Moneragala 23. Hambantota 24. Matara 25. Galle

N Source: Clunda, T., 0. Hilfllherger, and J. Gilligan. 2016. n...ru IMiles Spatiotemporal patterns of agricultural drougbt 0 10 20 40 60 80 in Sri Lanka; 1881-2010. Int. J. ClimatoL 36: .+ 563·575.

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BILLING CODE 4333–15–C Sri Lanka as Endangered (MOE 2012, p. trees that were infested with weevils P. fasciata 55). and subsequently fed on by The only detailed record of the woodpeckers that created holes suitable Poecilotheria fasciata occurs in species’ occurrence is provided by for P. fasciata retreats, and plantation forests below 200-m elevation in Sri Smith et al. (2001, entire), where irrigation that resulted in an abundant Lanka’s dry and intermediate zones Poecilotheria fasciata colonized a prey base for the species. The P. fasciata north of Colombo and is also sometimes coconut plantation following a population in the plantation was found in coconut plantations in this prolonged drought. While P. fasciata in apparently established in the 1980s and region (Nanayakkara 2014a, p. 96; dry and intermediate zone forests, persisted until at least 2000 (Smith et al. Nanayakkara 2014b, unpublished data; including those surrounding the 2001, pp. 49, 52). Smith et al. 2001, entire). The species coconut plantation, were found to be During recent surveys, P. fasciata has a broad but patchy distribution and emaciated and without spiderlings, were detected at nine locations—two in is estimated to occupy less than 500 those in the irrigated plantation were coconut plantations and seven in forest km2 (193 mi2) of its range (MOE 2012, found to have spiderlings in their locations. Greater than 20 adults and p. 55; Smith et al. 2001, p. 48). The area, retreats and wider abdomens. Smith et 100 juveniles were found in coconut extent, or quality (or a combination al. argue that P. fasciata was able to plantations, and greater than 30 adults thereof) of P. fasciata’s habitat is in colonize the plantation due to the and no juveniles were found in forest continuing decline, and the species is occurrence of P. fasciata in the adjacent locations (Nanayakkara 2014b, categorized on the National Red List of remnant forest, the presence of coconut unpublished data). Although no

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juveniles were detected in forest years, few individuals have been found species’ preferred habitat is Manilkara habitats during these surveys, recent (Nanayakkara et al. 2013, pp. 73–74; hexandra (Palu) trees (Nanayakkara observations of P. fasciata juveniles in Gabriel et al. 2005, pp. 6–7). In 2005, 2014a, p. 106), a dominant canopy tree forest habitat have been reported three adult females and four spiderlings species in Sri Lanka’s dry forest (Nanayakkara 2014a, p. 96; were reported in the Haragama, Kandy (Gunarathne and Perera 2014, p. 15). In Kumarasinghe et al. 2013, p. 10). district, an area described as severely recent surveys, the species was found at Therefore, based on the observations of impacted by several anthropogenic 4 locations, and 15 adults and 7 Smith et al. described above, it is factors (Nanayakkara et al. 2013, p. 74; juveniles of P. vittata were detected possible that the lack of juveniles Gabriel et al. 2005, pp. 6–7). During (Nanayakkara 2014b, unpublished data). detected in forests during recent surveys surveys conducted in several areas of Poecilotheria vittata is estimated to was due to drought conditions during the country during 2003–2005, no P. occupy less than 500 km2 (193 mi2) of the survey period. As indicated above, smithi were found (Samarawckrama et its range (MOE 2012, p. 55), and the island-wide surveys for Poecilotheria al. 2005, entire). Finally, during recent area, extent, or quality (or a combination were conducted during 2009–2012, and surveys, the species was found at two thereof) of the species’ habitat is droughts occurred in 2010 and 2012 in locations with seven adults and nine considered to be in continuing decline. the region in which P. fasciata occurs juveniles detected (Nanayakkara 2014b, Poecilotheria vittata is categorized on (Integrated Regional Information unpublished data). Prior to these recent the National Red List of Sri Lanka as Network 2012, unpaginated; Disaster surveys, the species was known only Endangered (MOE 2012, p. 55). Management Center, Sri Lanka 2010, p. from the Haragama, Kandy district. Summary of Biological Status and 12). However, while juveniles were However, the species was recently Threats detected only in coconut plantations found about 31 km (19.3 mi) away from during these surveys, numbers found in Haragama, in three trees within a 5-km2 The Act directs us to determine coconut and forest habitat cannot be (1.9-mi2) area of highly disturbed whether any species is an endangered directly compared because surveys were habitat (Nanayakkara et al. 2013, p. 74). species or a threatened species because designed for determining distribution Poecilotheria smithi was estimated to of any one or more of five factors or the rather than species abundance or occupy less than 10 km2 (3.9 mi2) of its cumulative effects thereof: (A) The density. For instance, juveniles may be range (MOE 2012, p. 55) but a recently present or threatened destruction, more difficult to detect in forest habitat reported location in Matale district modification, or curtailment of its than in coconut plantations, or a greater increases the known area of occupancy habitat or range; (B) Overutilization for area of coconut plantations may have by 5 km2 (1.9 mi2). The area, extent, or commercial, recreational, scientific, or been searched compared to forest quality (or a combination thereof) of the educational purposes; (C) Disease or habitat. species’ habitat is considered to be in predation; (D) The inadequacy of continuing decline, and the species is existing regulatory mechanisms; or (E) P. ornata categorized on the National Red List of Other natural or manmade factors is found in the Sri Lanka as Critically Endangered affecting its continued existence. In this plains and hills of the lowland wet zone (MOE 2012, p. 55). section, we summarize the biological in southwestern Sri Lanka (Nanayakkara condition of the species and its 2014a, pp. 112–113; Smith et al. 2002, P. subfusca resources, and the influences on these to p. 90). It is one of the few solitary Poecilotheria subfusca occurs in the assess the species’ overall viability and species in the genus (Nanayakkara wet zone of the central highlands of Sri the risks to that viability. 2014a, p. 112). In recent surveys, 23 Lanka, in two disjunct regions: the Habitat Loss and Degradation adults and no juveniles were detected at montane region above 1,500-m elevation 4 locations (Nanayakkara 2014b, in Nuwara Eliya and Badulla districts; Habitat loss and degradation are unpublished data). Poecilotheria ornata and at 500 to 600 m (1,640 to 1,968 ft) considered primary factors negatively is estimated to occupy less than 500 elevation in Kegalla, Kandy, and Matale affecting Poecilotheria species km2 (193 mi2) of its range (MOE 2012, districts (Nanayakkara 2014a, pp. 101– (Nanayakkara and Adikaram 2013, pp. p. 55), and the area, extent, or quality 102, 116; Smith et al. 2002, entire). 53–54; MOE 2012, p. 55; Molur et al. (or a combination thereof) of the During recent surveys, P. subfusca 2008, pp. 1–2). Forest loss and species’ habitat is in continuing decline. was found at 10 locations, and a total of degradation are likely to negatively Poecilotheria ornata is categorized on 25 adult and 56 juvenile P. subfusca impact the five species addressed in this the National Red List of Sri Lanka as were detected (Nanayakkara 2014b, rule in several ways. First, forest loss Endangered (MOE 2012, p. 55). unpublished data). The area of the range and degradation directly eliminate or occupied by P. subfusca is less than 500 reduce the availability of trees required P. smithi km2 (193 mi2) (MOE 2012, p. 55). by Poecilotheria species for Poecilotherai smithi is found in the Further, the area, extent, or quality (or reproduction, foraging, and protection central highlands, in Kandy and Matale a combination thereof) of P. subfusca’s (Samarawckrama et al. 2005, p. 76; districts (Nanayakkara et al. 2013, pp. habitat is in continuing decline Smith et al. 2002, entire). Second, due 73–74). It was originally found in the throughout its range, and the species is to the limited ability of Poecilotheria wet zone at mid elevations (Kirk 1996, categorized on the National Red List of species to travel, as well as their p. 23), although it is described as a Sri Lanka as Endangered (MOE 2012, p. sedentary habits, forest loss and montane species (Jacobi 2005, entire; 55). degradation are also likely to result in Smith et al. 2002, p. 92). Poecilotheria direct mortality of individuals or smithi appears to be very rare P. vittata populations, via physical trauma caused (Nanayakkara et al. 2013, p. 73; Gabriel Poecilotheria vittata occurs in the by the activities that result in forest loss et al. 2005, p. 4) and is considered arid, dry, and intermediate zones of and degradation, or the intentional ‘‘highly threatened’’ (Nanayakkara et al. Hambantota and Monaragala districts in killing of these spiders when they are 2013, p. 73). The species was described southeastern Sri Lanka (Kekulandala encountered by humans during these in 1996, and, despite several efforts to and Goonatilake 2015, unpaginated; activities (see Intentional Killing). Such locate the species during the past 20 Nanayakkara 2014a, pp. 106–107). The mortality affects these species’

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abundances and distributions, and also country in 2010 for an overall forest only about 733 km2 (283 mi2) and is their genetic diversity. Tarantulas have cover of 28.6 percent (GOSL 2012, p. severely fragmented (GOSL 2012, pp. highly structured populations (See 51). 51, 2a-3–142). The area remained Tarantula General Biology) and, The extent of deforestation differed in relatively stable from 1992 to 2010 (81 consequently, the loss of a local the three climate zones of the country. FR 90307; GOSL 2012, p. 51). More population of a species—due to habitat The impacts of anthropogenic factors on recent evidence indicates these forests loss or any other factor—equates to a forests in the wetter regions of the are currently declining: firewood loss of unique genetic diversity (Bond et island have been more extensive due to collection, cutting of trees for other al. 2006, p. 154, citing several sources). the higher density of the human domestic purposes, and gem mining are Finally, the loss of forest also often population in these regions. The human ongoing in these forests, and large areas results in fragmented habitat. Due to the population density in the wet zone is were recently illegally cleared for limited dispersal ability of these 650 people per km2 (1,684 per mi2) vegetable cultivation (Wijesundara species, forest fragmentation is likely to compared to 170 people per km2 (440 2012, p. 182). While these forests are isolate Poecilotheria populations, which per km2) in the dry zone and 329 per protected in Sri Lanka, administering increases their vulnerability to km2 (852 per mi2) nationally (GOSL agencies do not have sufficient stochastic processes (see Stochastic 2012, p. 8). Currently about 13 percent resources to prevent these activities Processes), and may also expose of the wet zone, 15 percent of the (Wijesundara 2012, p. 182). wandering males and dispersing intermediate zone, and 29 percent of the The area of lowland wet zone forests juveniles to increased mortality from dry zone are densely forested (Table 1). (lowland rainforest) declined from 1992 Recent information on forest cover in intentional killing or predation when to 2010. Remaining lowland rainforests the different climate zones is provided they attempt to cross between forest are severely fragmented, exist primarily in three reports (GOSL 2015, GOSL fragments (Bond et al. 2006, p. 155) (see as small, isolated patches, and declined 2012, and FAO 2015a), all of which Intentional Killing). by 13% (183 km2)(71 mi2)) during the provide information from the Forest Deforestation Department of Sri Lanka. One report 18-year period, though the rate of loss (GOSL 2015) provides a map of the slowed considerably during the latter Forests covered almost the entire change in forest cover between 1992 and half of this period (81 FR 90307, Table island of Sri Lanka a few centuries ago 2010 and a qualitative assessment of 4; GOSL 2012, p. 2a-3–142; Lindstrom et (Mattsson et al. 2012, p. 31). However, these changes. The others (GOSL 2012 al. 2012, p. 681). Changes in forest cover extensive deforestation occurred during and FAO 2015a) provide quantitative show low levels of deforestation the British colonial period (1815–1948) information on the area of forest cover throughout the lowland rainforest as a result of forest-clearing for by forest type for 1992, 1999, and 2010. region from 1992 to 2010, and a establishment of plantation crops such These latter two reports differ slightly in deforestation ‘‘hotspot’’ on the border of as tea and coffee, and also exploitation their presentation of information but Kalutara and Ratnapura districts, which for timber, slash-and-burn agriculture (a contain identical data on natural forest is within the range of P. ornata (Fig. 1, method of agriculture in which natural cover. However, the Forest Department Fig. 2) (GOSL 2015, unpaginated). vegetation is cut down and burned to of Sri Lanka used different rainfall Dry and Intermediate Zone Forests clear the land for planting), and land criteria to separate dry and intermediate settlement. In 1884, about midway zone forests, and different altitude Dry and intermediate zone forests, through the British colonial period, criteria to separate montane and which include most open-canopy forest closed-canopy (dense) forest covered 84 submontane forests, in different years (Mattsson et al. 2012, p. 30), declined by percent of the country and was reduced (see climate zone and forest definitions 8% (1,372 km2 (530 mi2)) between 1992 to 44 percent by 1956 (GOSL 2012, p. in FAO 2015a, p. 6; GOSL 2012, p. 51; and 2010 (81 FR 90307, Table 4). The 2a-3–145; Nanayakkara 1996, in Mattson FAO 2005, p. 7; FAO 2001, pp. 16, 53). rate of deforestation nationwide during et al. 2012, p. 31). Deforestation Therefore, we combined the information this period was highest in continued after independence as the on intermediate and dry zone forests, Anuradhapura and Moneragala districts, result of timber extraction, slash-and- and the information on montane and in which large portions of the ranges of burn agriculture, human settlements, submontane forests (see 81 FR 90307, P. fasciata and P. vittata occur (see Fig. national development projects, and Table 4). We discuss the information on 1, Fig. 2) (GOSL 2015, unpaginated). encroachment (GOSL 2012, pp. 2a-3– forest cover from the various sources by Further, deforestation hotspots have 144–145; Perera et al. 2012, p. 165). As climate zone below. been found in other districts where a result, dense forest cover (canopy these species occur, including Puttalam density greater than 70 percent) Wet Zone Forest and Hambantota (GOSL 2015, declined by half in about 50 years, to 22 Wet zone forests in Sri Lanka are unpaginated). Natural regeneration of percent in 2010 (GOSL 2012, pp. 51, 2a- categorized as montane, submontane, or dry forest species is poor, and dry zone 3–145; Nanayakkara 1996, in Mattson et lowland forest, based on elevation. Very forests are heavily degraded as a result al. 2012, p. 31). Open-canopy forest little wet zone forest remains in Sri of activities such as frequent shifting (canopy density less than 70 percent) Lanka. Currently, montane and cultivation and timber logging (Perera covered an additional 6.8 percent of the submontane forests combined covers 2012, p. 165, citing several sources).

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TABLE 1—THE TOTAL AREA OF SRI LANKA’S CLIMATE ZONES, AND THE COVERAGE OF DENSE FOREST (CANOPY COVER GREATER THAN 70 PERCENT) WITHIN EACH ZONE IN 2010, BASED ON INFORMATION PROVIDED IN 81 FR 90302, TABLE 2 AND GOSL 2012, P. 51

Area covered with dense (canopy Proportion 1 2 cover greater than (percent) with Climate zones of Sri Lanka Area (km ) 70 percent) dense closed-canopy for- forest 2 est in 2010 (km2)

Wet Zone ...... 15,090 1,966 13 Intermediate Zone ...... 7,873 1,179 15 Dry Zone ...... 39,366 3 11,238 29 Arid Zone ...... 3,281 ...... 1 Calculated based on proportion of land area in each climate zone as provided in 81 FR 90302, Table 2, and a total land area of 65,610 km2. 2 Original extent of forest cover is unknown. However, each zone was likely close to 100% forested because dense forest covered 84% of the island in 1884, following several decades of deforestation. 3 Figure is for dry monsoon forest and riverine forest. It does not include mangrove forests.

Forest Conservation Measures 55, 2a-3–148–150). For instance, lack of results in an increasing demand in the Sri Lanka has taken steps in recent financial assistance for protected area country for land for subsistence decades to conserve its forests, and management, increasing demand for (Lindstrom et al. 2012, p. 680; GOSL these efforts have contributed to the land, and unplanned, after-the-fact 2011, unpaginated). slowing of deforestation in the country legalization of land encroachments, The current drivers of deforestation (GOSL 2012, pp. 54–55). In 1990, the result in further loss of the forest habitat and forest degradation are exacerbated country imposed a moratorium on of the five species addressed in this by high economic returns from illicit logging in all natural forests, marked finding (GOSL 2014, p. 22; GOSL 2011, land conversions, lack of alternative most reserve boundaries to stem unpaginated). Also, government livelihood opportunities for those encroachments, and implemented agencies have poor coordination with practicing slash-and-burn agriculture management plans for forest and respect to forest conservation— and, in the dry zone, poverty and the wildlife reserves, which became legal conservation agencies are not always weak implementation of land-use policy requirements under the Forest adequately consulted on initiatives to (GOSL 2012, pp. 14–15). Further, in the Ordinance Amendment Act No. 65 of develop forested land (GOSL 2014, p. 30 years prior to 2009, Sri Lanka was 2009 and the Fauna and Flora 22; MOE 2010, p. 31). Finally, many engaged in a civil war, which was Ordinance Amendment Act No. 22 of protected areas within the wet zone are fought primarily in the dry zone of the 2009 (GOSL 2014, p. 26). The small, degraded, and isolated (GOSL northern and eastern regions of the government also encourages community 2014, p. 31). country, many areas of which were inaccessible. The war, along with a participation in forest and protected Current and Future Forest Trends area management, has implemented reduced rate of development in the programs to engage residents in The current drivers of deforestation country as a whole during this period, community forestry to reduce and forest degradation in Sri Lanka may have helped limit deforestation encroachment of cash crops and tea in include a variety of factors such as rates (GOSL 2012, pp. 48, 56–57). the wet zone and slash-and-burn small-scale encroachments, illicit timber Overall, deforestation and forest agriculture in the dry zone, and harvesting, forest fires, destructive degradation in Sri Lanka are ongoing, encourages use of non-forest lands and mining practices, and clearing of forest although recent rates of deforestation private woodlots for meeting the for developments, settlements, and are much lower than during the mid- to demands for wood and wood products agriculture (GOSL 2012, p. 12). These late-20th century—the rate of (GOSL 2014, p. 26). In addition to these stressors are exacerbated by a large, deforestation during 1992–2010 was 71 efforts, between 12 percent (GOSL 2015, dense human population that is km2 (27.4 mi2) per year, compared to unpaginated) and 28 percent (GOSL projected to increase from 20.7 million 400 km2 (154 mi2) per year during 2014, pp. xvi, 23) of the country’s land in 2015 to 21.5 million in 2030 (United 1956–1992 (GOSL 2015, unpaginated). area is reported to be under protected Nations 2015, p. 22). While the majority However, since the end of Sri Lanka’s area status. of remaining forested areas are civil war in 2009, the government has Although considerable efforts have protected, further population growth is been implementing an extensive 10-year been undertaken in Sri Lanka in recent likely to result in reduction of forested development plan with the goal of years to stop deforestation and forest areas because (1) Sri Lanka already has transforming the country into a global degradation, these processes are ongoing a very high human density (329 people economic and industrial hub (see Current and Future Forest Trends). per km2 (852 per mi2)), (2) increases in (Buthpitiya 2013, p. ii; Central Bank of The assessment of the status of natural the population will elevate an already Sri Lanka 2012, p. 67; Ministry of forests during the Species Red List high demand for land, and (3) little non- Finance and Planning–Sri Lanka assessments in 2012 indicate that, forested land is available for expansion (MOFP) 2010, entire). The plan includes despite advances in forest conservation of housing, development, cash crops, or large infrastructure projects throughout in the country, many existing threats subsistence agriculture (GOSL 2012, pp. the country (MOFP 2010, entire). continue to impact forest habitats 8, 14, 58). Most (72%) of the population Projects include, among other things, (GOSL 2014, p. 26). While laws and of Sri Lanka is rural, dependence on development of seaports, airports, regulations are in place to address agriculture for subsistence is expressways, railways, industrial parks, deforestation, several factors inhibit widespread, and the rate of population power plants, and water management their implementation (GOSL 2012, pp. growth is higher in rural areas. This systems that will allow for planned

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expansion of agriculture, and many of increases their vulnerability to is likely currently having significant these projects have already started stochastic processes (see Stochastic negative impacts on the viability of (Buthpitiya 2013, pp. 5–6; Central Bank Processes), and may also expose these species because: (1) These species of Sri Lanka 2012, p. 67; MOFP 2010, wandering males and dispersing have very small distributions; (2) little entire). They also include projects juveniles to increased mortality from forest remains in Sri Lanka; (3) located within the ranges of all five intentional killing or predation when remaining habitat is fragmented; and (4) species addressed in this finding, they attempt to cross between forest deforestation is ongoing within these although the plan does not provide the fragments (Bond et al. 2006, p. 155) (see species’ ranges. amount of area that will be impacted by Intentional Killing). Thus, even though Pesticides these projects (Fig. 2 and MOFP 2010, P. fasciata uses coconut plantations to pp. 63, 93, 101, 202–298). For example, some extent, fragmentation of this Pesticides are identified as a threat to a new dam project within the range of habitat is likely to isolate populations Poecilotheria species in Sri Lanka P. smithi will submerge one of the two and increase their vulnerability to (Nanayakkara 2014b, unpublished data; sites at which the species is found stochastic processes, intentional killing, Gabriel 2014, unpaginated). The five (Nanayakkara 2017, unpaginated). The and predation. species addressed in this finding could rate of loss of natural forest (primary potentially be exposed to pesticides via Summary forest and other naturally regenerated pesticide drift into forests that are forest) increased from 60 km2 (23 mi2) Sri Lanka has lost most of its forest adjacent to crop-growing areas; by per year during 2000–2010 to 86 km2 cover due to a variety of factors over the traveling over pesticide-treated land (33 mi2) per year during 2010–2015 past several decades. Very little (1,966 when dispersing between forest patches; (FAO 2015b, pp. 44, 50). As post-war km2 (759 mi2)) wet zone forest—in or by consuming prey that have been reconstruction and development which the ranges of P. ornata, P. smithi, exposed to pesticides. Populations of continues in Sri Lanka, deforestation and P. subfusca occur—remains in the these species could potentially be and forest degradation can be expected country. The remainder is highly directly affected by pesticides through to rise (GOSL 2012, p. 2a–3–146). fragmented and continues to be increased mortality or through sublethal deforested. Only about 35 percent effects such as reduced fecundity, Coconut Plantations (16,872 km2 (6,514 mi2)) of dense and fertility, and offspring viability, and Coconut is grown throughout Sri open canopy dry and intermediate zone changes in sex ratio, behavior, and Lanka. Most (57 percent) of the area forests—in which the ranges of P. dispersal (Nash et al. 2010, p. 1694, under coconut cultivation is in the fasciata and P. vittata occur—remain, citing several sources). Poecilotheria intermediate and wet zones north of deforestation in these forests is ongoing, species may also be indirectly affected Colombo (MOE 2011, p. 14), which and recent rates of deforestation in the by pesticides if pesticides reduce or overlaps with the southern portion of country have been highest in regions deplete available prey species. the range of P. fasciata. As indicated constituting large portions of the ranges Over 100 pesticide (herbicide, above, P. fasciata are sometimes found of these two species. Forest cover fungicide, and insecticide) active in coconut plantations in Sri Lanka, continues to decline at a rate of 86 km2 ingredients are registered for use in Sri although the extent to which coconut (33 mi2) per year, and the rate of loss is Lanka. Among the most commonly used plantations contribute to sustaining higher in the dry zone than the wet insecticides are carbofuran, diazinon, viable populations of these species is zone. While the current rate of forest and chloropyrifos (Padmajani et al. unknown. The ability of coconut loss is much lower than in the previous 2014, pp. 11–12). These are broad- plantations to contribute to conservation century, the rate of loss of natural forest spectrum, neurotoxic insecticides, of P. fasciata is limited because: (1) is increasing and is anticipated to which tend to have very negative effects Tarantulas are poor dispersers (see increase in the future with the country’s on nontarget organisms (Pekar 2013, p. Tarantula General Biology); (2) emphasis on development and the 415). Further, sit-and-wait predators colonization of coconut plantations by projected population increase of appear to be more sensitive to the species appears to depend on the 800,000 people. While coconut insecticide applications than web- occurrence of occupied natural forest in plantations provide additional habitat making spiders (Pekar 1999, p. 1077). relatively close proximity to coconut for one species (P. fasciata) in some The use of pesticides in Sri Lanka has plantations (Smith et al. 2001, entire); areas, these plantations are becoming been increasing steadily since the 1950s and (3) very little natural forest remains increasingly fragmented due to demand (Selvarajah and Thiruchelvam 2007, p. in the coconut-growing region in which for housing. 381). Pesticide imports into Sri Lanka P. fasciata occurs (Fig. 2 and GOSL Tarantulas have sedentary habits, increased by 50 percent in 2011 2015, unpaginated; MOE 2014, p. 94). limited dispersal ability, and highly compared to 2006 (Padmajani et al. The aerial extent of coconut structured populations. Therefore, loss 2014, p. 11). The level of misuse and cultivation in Sri Lanka has varied of habitat has likely resulted in direct overuse of pesticides in Sri Lanka is between about 3,630 and 4,200 km2 loss of individuals or populations and, high. Depending on region and crop (1,402 and 1,622 mi2) since 2005 consequently, a reduction in the species, 33 to 60 percent of Sri Lankan (Central Bank of Sri Lanka 2014, distribution and genetic diversity of farmers use greater amounts, higher Statistical Appendix, Table 13), with no these species. The distribution of these concentrations, or more frequent clear directional trend. However, due to species is already limited—each applications of pesticides (or a the rising human population and currently occupies less than 500 km2 combination of these) than is resulting escalating demand for land in (193 mi2) or, for P. smithi, less than 10 recommended (Padmajani et al. 2014, Sri Lanka, plantations have become to 15 km2 (3.9 to 5.8 mi2) of its range— pp. 13, 31, citing several sources). increasingly fragmented due to and deforestation continues within the The susceptibility of spiders to the conversion of these lands to housing ranges of all five species discussed in direct effects of different pesticides (GOSL 2014, pp. 26–27). As indicated this finding. Further, the limited varies with pesticide type and above, due to their limited dispersal distribution of these species is likely formulation, spider species, ability, forest fragmentation is likely to continuing to decline with ongoing loss development stage, sex, and abiotic and isolate Poecilotheria populations, which of habitat. We conclude that habitat loss biotic conditions at the time of pesticide

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application (Pekar 2013, pp. 416–417). Poecilotheria, are ectotherms; therefore, al. 2007, in Eriyagama et al. 2010, p. 6). Further, different classes of pesticides their body temperature varies with that Downscaled projections for Sri Lanka can cause different sublethal effects. For of their environment. While spiders using regional climate models report instance, activities such as movement, keep body temperature within tolerable increases of 2.0 to 4.0 °C (3.6 to 7.2 °F) prey capture, reproduction, limits through behaviors such as moving by 2100, while statistical downscaling development, and defense are into shade when temperatures rise (Pulz of global climate models report particularly disrupted by neurotoxic 1987, pp. 27, 34–35), they are increases of 0.9 to 3 °C (1.62 to 5.4 °F) formulations because they are governed susceptible to rapid fluctuations in body by 2100 and 1.2 to 1.3 °C (2.16 to by complex neural interactions. temperature and severe depletion of 2.34 °F) by 2050 (Eriyagama et al. 2010, However, spiders can potentially body water stores due to their relatively p. 6, citing several sources). recover from sublethal effects over low body mass and high surface-to- Trends in rainfall have been several days (Pekar 2013, p. 417), volume ratio (Pulz 1987, p. 27). decreasing in Sri Lanka over the past although the effects are complicated by Tropical ectotherms evolved in an several decades (see De Costa 2008, p. the potential for cumulative effects of environment of relatively low inter- and 87; De Silva et al. 2007, p. 21, citing multiple applications across a season intra-annual climate variability, and several sources) although, according to (Nash et al. 2010, p. 1694). already live near their upper thermal the Climate Change Secretariat of Sri We are not aware of any information limits (Settele et al. 2014, p. 301; Lanka (2015, p. 19), there is no on the population-level effects of Deutsch et al. 2008, p. 6669). Their consensus on this fact. However, pesticides on Poecilotheria species. capacity to acclimate is generally low. authors appear to agree that the However, given the large proportion of They have small thermal safety margins, intensity and frequency of extreme Sri Lanka’s human population that is and small amounts of warming may events such as droughts and floods have reliant on farming, the high level of decrease their ability to perform basic increased (Imbulana et al. 2016 and misuse and overuse of pesticides in the physiological functions such as Ratnayake and Herath 2005, in Climate country, and the broad-spectrum and development, growth, and reproduction Change Secretariat of Sri Lanka 2015, p. high level of toxicity of the insecticides (Deutsch et al. 2008, pp. 6668–6669, 19). commonly used in the country, it is 6671). Evidence also indicates they may Rainfall in Sri Lanka is highly likely that the species addressed in this have low potential to increase their variable from year to year, across finding are directly or indirectly resistance to desiccation (drying out) seasons and across locations within any negatively affected by pesticides to (Schilthuizen and Kellerman 2014, p. given year (Jayatillake et al. 2005, p. 70). some extent. Therefore, while the 61, citing several sources). Statistically significant declines in population-level effects of pesticides on The general trend in temperature in rainfall have been observed for the the five species addressed in this Sri Lanka over the past several decades period 1869–2007 at Anuradhapura in finding are uncertain, the effects of is that of increasing temperature, the northern dry zone (12.92 mm (0.51 pesticides likely exacerbate the effects although with considerable variation in) per decade), and Badulla, Kandy, of other threats acting on these species. between locations in rates and and Nuwara Eliya (19.16, 30.50, and magnitudes of change (De Costa 2008, p. 51.60 mm (0.75, 1.20, and 2.03 in) per Climate Change 87; De Silva et al. 2007, p. 21, citing decade, respectively) in the central The Intergovernmental Panel on several sources). Over the six to ten highlands (De Costa 2008, p. 77). Climate Change (IPCC) concluded that decades prior to 2007, temperatures Significant declines have also been warming of the climate system is have increased within all climate zones observed in more recent decades at unequivocal (IPCC 2013, p. 4). of the country, although rates of Kurunegala in western Sri Lanka’s Numerous long-term climate changes increase vary from 0.065 °C (0.117 °F) intermediate zone (120.57 mm (4.75 in) have been observed including changes per decade in Ratnapura (an increase of per decade during 1970–2007) and in land surface temperatures, 0.65 °C (1.17 °F) during the 97-year Ratnapura (41.02 mm (1.61 in) per precipitation patterns, ocean period analyzed) in the lowland wet decade during 1920–2007) (De Costa temperature and salinity, sea ice extent, zone, to 0.195 °C (0.351 °F) per decade 2008, p. 77). Further, a significant trend and sea level (IPCC 2013, pp. 4–12). in Anuradhapura (an increase of 1.50 °C of decreasing rainfall with increasing Various types of changes in climate can (2.70 °F) during the 77-year period temperature exists at Anuradhapura, have direct or indirect effects on analyzed) in the dry zone. In the Kurunegala, and Nuwara Eliya (De Costa species. These effects may be positive, montane region, temperatures increased 2008, pp. 79–81). Patterns of future neutral, or negative and they may at a rate of 0.141 °C (0.254 °F) per rainfall in the country are highly change over time, depending on the decade at Nuwara Eliya to 0.191 °C uncertain—studies provide variable and species and other relevant (0.344 °F) per decade at Badulla conflicting projections (Eriyagama et al. considerations, such as the effects of (increases of 1.09 and 1.47 °C (1.96 and p. 6, citing several sources). However, interactions of climate with other 2.65 °F) during the 77-year period an increased frequency of dry periods variables (e.g., habitat fragmentation) analyzed, respectively) (De Costa 2008, and droughts are expected (MOE 2010, (IPCC 2007, pp. 8–14, 18–19). However, p. 68). The rate of warming has p. 35). a large fraction of terrestrial and increased in more recent years—overall While observed and projected changes freshwater species face increased temperature in the country increased at in temperature and precipitation could extinction risk under projected climate a rate of 0.003 °C (0.005 °F) per year potentially be within the tolerance change during and beyond the current during 1896–1996, 0.016 °C (0.029 °F) limits of the Poecilotheria species century, especially as climate change per year during 1961–1990, and 0.025 addressed in this finding, it is possible interacts with habitat modification and °C (0.045 °F) per year during 1987–1996 that climate change could directly other factors such as overexploitation, (Eriyagama et al. 2010, p. 2, citing negatively affect these species through pollution, and invasive species (Settele several sources). Depending on future rising land surface temperatures, et al. 2014, p. 275). climate scenarios, temperatures are changes in the amount and pattern of Maintenance of body temperature and projected to increase by 2.93 to 5.44 °C precipitation, and increases in the water retention by spiders is critical to (5.27 to 9.49 °F) by the end of the frequency and intensity of extreme their survival. All spiders, including current century in South Asia (Cruz et climate events such as heat waves or

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droughts. It is also possible that climate States co-sponsored a proposal to 107). Collectors then sell the collected change could indirectly negatively affect include the genus in Appendix II of the specimens or their offspring to these species by adversely impacting Convention on International Trade in hobbyists who captive-rear the species populations of their insect prey, which Endangered Species of Wild Fauna and and provide the pet trade with captive- are also tropical ectotherms. The only Flora (CITES) (Government of Sri Lanka bred specimens (Gabriel 2014, detailed observations of a Sri Lankan and Government of the United States unpaginated; Molur et al. 2006, p. 16). Poecilotheria species indicated that P. 2000, entire). However, at the 11th Thus, more individuals are likely to be fasciata found in natural forest were Conference of the Parties, the proposal captured from the wild during the emaciated and without spiderlings was criticized as containing too little period in which captive-breeding stocks during an extended drought, while information on international trade and are being established, in other words, those found in an irrigated plantation on the limits of the distribution of the prior to the species becoming broadly had wider girths and spiderlings (see genus. It was further noted that the available in trade (Gabriel 2014, Species-Specific Information) (Smith et genus was primarily threatened by unpaginated). al. 2001, entire). The lack of habitat destruction, and was not All five of the endemic Sri Lankan reproduction in natural forest during protected by domestic legislation in species addressed in this rule are bred drought may have been due to India. Also, the delegation of Sri Lanka by hobbyists and vendors and are desiccation stress or lack of available promised to list the genus in Appendix available in the pet trade as captive-bred prey, or both, as a result of low moisture III if the proposal failed. No consensus individuals in the United States, levels. was reached on the proposal and a vote Europe, and elsewhere (see Herndon While at least one of the species failed to achieve the required two-thirds 2014, pers. comm.; Elowsky 2014, addressed in this finding (P. fasciata) majority—there were 49 votes in favor, unpaginated; Gabriel 2014, unpaginated; appears to be vulnerable to drought, the 30 against, and 27 abstentions—and the Longhorn 2014a, unpaginated; responses of the five Poecilotheria proposal was therefore rejected Longhorn 2014b, unpaginated; species to observed and projected (Convention on International Trade in Mugleston 2014, unpaginated; Service climate change in Sri Lanka are largely Endangered Species of Wild Fauna and 2012, in litt.). We are not aware of any unknown. However, the climate in Sri Flora 2000, p. 50). None of the five information on numbers of these species Lanka has already changed considerably species addressed in this rule are in domestic trade within the United in all climate zones of the country, and currently listed in the CITES States or numbers solely in foreign trade continues to change at an increasing Appendices (Convention on outside the United States. The Service’s rate. These species evolved in specific, International Trade in Endangered Law Enforcement Management relatively stable climates and, because Species of Wild Fauna and Flora 2017, Information System contains they are tropical ectotherms, may be p. 48). information on U.S. international trade sensitive to changing environmental Collection of Poecilotheria specimens in three of these species—P. fasciata, P. conditions, particularly temperature and from the wild could have significant ornata, and P. vittata (it does not moisture (Deutsch et al. 2008, pp. 6668– negative impacts on Poecilotheria currently collect information on P. 6669; Schilthuizen and Kellerman 2014, populations. Due to the patchy smithi or P. subfusca). Four hundred pp. 59–61, citing several sources). distributions and poor dispersal abilities individuals of these species were legally Moreover, because they have poor of tarantulas, collection of several imported into, or exported or re- dispersal ability, Peocilotheria are individuals from a single location could exported from, the United States during unlikely to be able to escape changing potentially reduce the abundance or 2007–2012; 298 were imported into, and climate conditions via range shifts. distribution of a species, especially 106 were exported or re-exported from, Therefore, while population-level those with restricted distributions the United States. responses of the five species addressed (Molur et al. 2006, p. 14; West et al. Captive-bred individuals appear to in this finding to observed and projected 2001, unpaginated). Further, because supply the majority of the current legal changes in climate are not certain, the tarantula populations are highly trade in these species in the United stress imposed on these species by structured, loss of individuals from a States. Of the 400 individuals legally increasing temperatures and changing single location could result in imported into, or exported or re- patterns of precipitation is likely significant loss of that species’ genetic exported from, the United States during exacerbating the effects of other factors diversity (Bond 2006, p. 154). Collection 2007–2012, 392 (98 percent) were acting on these species such as of a relatively large number of declared as captive-bred (Service 2012, stochastic events and habitat loss and individuals from a single population in litt.). However, wild individuals of at degradation. This is especially the case could also alter population least some of these species are still for P. fasciata because (1) the frequency demographics such that the survival of being collected (Nanayakkara 2014a, p. and intensity of droughts have increased a species or population is more 86; Nanayakkara 2014b, unpublished and are expected to continue increasing, vulnerable to the effects of other factors, data; Service 2012, in litt.). Two sources (2) the species fails to reproduce in such as habitat loss. indicate that there is evidence of illegal natural forest during extended droughts, Collection of species from the wild for smuggling from Sri Lanka, although and (3) although P. fasciata is also trade often begins when a new species they do not provide details (see known to inhabit irrigated coconut is described or when a rare species has Nanayakkara 2014, p. 85; plantations, most populations have been been rediscovered. Alerted to a new or Samarawckrama et al. 2005, p. 76). found in natural forest. novel species, collectors arrive at the Further, of the 400 individuals of Sri reported location and set out collecting Lankan Poecilotheria imported into, or Trade the species from the wild (Molur et al. exported or re-exported from, the Poecilotheria species are popular in 2006, p. 15; Stuart et al. 2006, entire). United States during 2007–2012, 8 P. trade due to their striking coloration and For tarantulas, adult females may be vittata were declared as wild-caught. It large size (Nanayakkara 2014a, p. 86; especially vulnerable to collection is possible that additional wild-caught Molur et al. 2006, p. 23). In 2000, pressures as collectors often attempt to individuals of the five species addressed concerned about increasing trade in capture females, which produce young in this rule were (or are) not included these species, Sri Lanka and the United that can be sold (Capannini 2003, p. in this total because they are imported

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into the United States illegally, or more likely to be encountered by vulnerability to random demographic imported into other countries. For people. Consequently, intentional fluctuations or natural catastrophes can example, some wild-caught specimens killing could potentially reduce the be further magnified by synergistic are imported into Europe (Merzlak 2017, density of males in an area. Because the interactions with other threats. unpaginated; Corcoran, 2016, mating of a female depends on a male P. smithi is known from very few unpaginated), although specific finding her, and males search for widely dispersed locations and is likely information on this activity is not females randomly, a reduction in the very rare (see Species-Specific available. density of males could result in a Information). Therefore, it is highly Sri Lanka prohibits the commercial reduction in the percent of females likely that P. smithi is extremely collection and exportation of all laying eggs in any given year (Stradling vulnerable to stochastic processes and Poecilotheria species, under the Sri 1994, p. 96) and, consequently, a lower that the species is highly likely Lanka Flora and Fauna Protection population growth rate. negatively impacted by these processes. (Amendment) Act, No. 22 of 2009, We do not have any information on The remaining four species have narrow which is part of the Fauna and Flora the number of individuals of these five ranges within specific climate zones of Protection Ordinance No. 2 (1937) (DLA species that are intentionally killed by Sri Lanka. It is unclear whether the Piper 2015, p. 392; Government of Sri people. However, in areas where these range sizes of these four are so small Lanka and Government of the United species occur, higher human densities that stochastic processes on their own States 2000, p. 5). However, are likely to result in higher human are likely to have significant negative enforcement is weak and influenced by contact with these species and, impacts on these species. However, corruption (DLA Piper 2015, p. 392; consequently, higher numbers of spiders stochastic processes may have negative GOSL 2012, p. 2a–3–149). killed. The human population density impacts on these species in combination In sum, individuals of at least some of in Sri Lanka is much higher in the wet with other factors such as habitat loss, these species are currently being zone (see Habitat Loss and because habitat loss can further collected from the wild. However, the Degradation). Therefore, it is likely that fragment and isolate populations. extent to which this activity is occurring P. ornata, P. smithi, and P. subfusca are Determinations is unknown, as is the extent to which affected by intentional killing more than these species have been, or are being, P. fasciata and P. vittata. Although we Section 4 of the Act (16 U.S.C. 1533), affected by collection. Based on the do not have any information indicating and its implementing regulations at 50 available information on U.S. imports, the numbers of individuals of these CFR part 424, set forth the procedures exports, and re-exports, a small amount species that are intentionally killed each for adding species to the Federal Lists of trade occurs in wild specimens of year, it is likely that such killing is of Endangered and Threatened Wildlife these species. However, it is likely that exacerbating the negative effects of other and Plants. Under section 4(a)(1) of the more wild specimens enter Europe or factors on these species’ populations, Act, we determine whether a species Asia than the United States due to the such as habitat loss and degradation. meets the definition of a ‘‘threatened closer proximity of Sri Lanka to Europe species’’ or an ‘‘endangered species’’ and Asia and consequent increased ease Stochastic (Random) Events and because of any one or more of the of travel and transport of specimens. Processes following five threat factors or the Further, even small amounts of Species endemic to small regions, or cumulative effects thereof: (A) The collection of species with small known from few, widely dispersed present or threatened destruction, populations can have a negative impact locations, are inherently more modification, or curtailment of its on these species. Given that collection vulnerable to extinction than habitat or range; (B) Overutilization for of at least some of these species from the widespread species because of the commercial, recreational, scientific, or wild continues to occur, it is likely that higher risks from localized stochastic educational purposes; (C) Disease or collection for trade is exacerbating (random) events and processes, such as predation; (D) The inadequacy of population effects of other factors floods, fire, landslides, and drought existing regulatory mechanisms; or (E) negatively impacting these species, such (Brooks et al. 2008, pp. 455–456; Other natural or manmade factors as stochastic events, habitat loss, and Mangel and Tier 1994, entire; Pimm et affecting its continued existence. habitat degradation. al. 1988, p. 757). These problems can be We have carefully assessed the best further magnified when populations are scientific and commercial information Intentional Killing very small, due to genetic bottlenecks available on P. fasciata, P. ornata, P. Poecilotheria spiders are feared by (reduced genetic diversity resulting subfusca, P. smithi, and P. vittata. While humans in Sri Lanka and, as a result, are from fewer individuals contributing to information on species abundance or usually killed when encountered the species’ overall gene pool) and population dynamics is not available on (Kekulandala and Goonatilake 2015, random demographic fluctuations these species, the best available unpaginated; Nanayakkara 2014a, p. 86; (Lande 1988, pp. 1455–1458; Pimm et information indicates these species’ Gabriel 2014, unpaginated; Smith et al. al. 1988, p. 757). Species with few populations have experienced extensive 2001, p. 49). Intentional killing of populations, limited geographic area, declines in the past and their Poecilotheria spiders may negatively and a small number of individuals face populations continue to decline. impact these five species by raising an increased likelihood of stochastic Tarantulas have limited dispersal ability mortality rates in these species’ extinction due to changes in and sedentary habits; therefore, the loss populations to such an extent that demography, the environment, genetics, of habitat (Factor A) likely results in populations decline or are more or other factors, in a process described direct loss of individuals or populations vulnerable to the effects of other factors, as an extinction vortex (a mutual and, consequently, a reduction in the such as habitat loss. Adult male reinforcement that occurs among biotic distribution of the species. As a result, Poecilotheria are probably more and abiotic processes that drives the extensive loss of forest (71 percent vulnerable to being intentionally killed population size downward to in the dry zone, 85 percent in the because they wander in search of extinction) (Gilpin and Soule´ 1986, pp. intermediate zone, and 87 percent in the females during the breeding season (see 24–25). The negative impacts associated wet zone) has reduced the amount of Tarantula General Biology) and thus are with small population size and habitat where the species may remain,

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and their populations will likely Based on the factors described above throughout every portion of its range continue to decline with ongoing and their impacts on P. fasciata, P. and an analysis of whether there is any deforestation. Further, because these ornata, P. smithi, P. subfusca, and P. significant portion of the range that may species likely have highly structured vittata, we find the following factors to be in danger of extinction or likely to populations, reductions in these be threats to these species (i.e., factors become so would not result in a species’ populations have likely contributing to the risk of extinction of different outcome. resulted in coincident loss of these these species): Loss of habitat (Factor A; Available Conservation Measures species’ unique genetic diversities, all five species), stochastic processes eroding the adaptive and evolutionary (Factor E; P. smithi), and the cumulative Conservation measures provided to potential of these species (Bond 2006, p. effects (Factor E; all five species) of species listed as endangered or 154). these and other threats including threatened under the Act include All five Sri Lankan Poecilotheria climate change, intentional killing, recognition of conservation status, species have restricted ranges within pesticide use, and capture for the pet requirements for Federal protection, and specific regions and climates of Sri trade. Furthermore, despite laws in prohibitions against certain practices. Lanka and are currently estimated to place to protect these five species and Recognition through listing encourages occupy areas of less than 500 km2 (193 the forest and other habitat they depend and results in public awareness and mi2), and less than 10–15 km2 (4–6 mi2) on, these threats continue (Factor D), in conservation actions by Federal and for P. smithi. Due to the life-history part due to lack of resources and State governments in the United States, traits of tarantulas—restricted range, challenges to enforcement. We consider foreign governments, private agencies sedentary habits, poor dispersal ability, the risk of extinction of these five and groups, and individuals. Section 7(a) of the Act, as amended, and structured populations—these species to be high because these species and as implemented by regulations at 50 species are vulnerable to habitat loss. are vulnerable to habitat loss, this CFR part 402, requires Federal agencies Extensive habitat loss (Factor A) has process is ongoing, and these species to evaluate their actions that are to be already occurred in all the climate zones have limited potential to recolonize conducted within the United States or in which these species occur, and reforested areas or move to more upon the high seas, with respect to any deforestation is ongoing in the country. favorable climate. We find that P. species that is listed as an endangered fasciata, P. ornata, P. smithi, P. Further, the cumulative effects of or threatened species. Because P. subfusca, and P. vittata are presently in changing climate, intentional killing, fasciata, P. ornata, P. smithi, P. danger of extinction throughout their pesticides, capture for the pet trade, and subfusca, and P. vittata are not native to ranges based on the likely severity and stochastic processes are likely the United States, no critical habitat is significantly exacerbating the effects of immediacy of threats currently being designated with this rule. habitat loss. impacting these species, and we are Regulations implementing the Therefore, for the following reasons listing these five tarantula species as interagency cooperation provision of the we conclude populations of P. fasciata, endangered in accordance with sections Act are codified at 50 CFR part 402. P. ornata, P. subfusca, P. smithi, and P. 3(6) and 4(a)(1) of the Act. We find that Section 7(a)(2) of the Act requires vittata have been and continue to be a threatened species status is not Federal agencies to ensure that activities significantly reduced to the extent that appropriate for these species because of they authorize, fund, or carry out are not the viability of each of these five species their restricted ranges, limited likely to jeopardize the continued is significantly compromised: distributions, and vulnerability to existence of a listed species or to (1) These species are closely tied to extinction and because the threats are destroy or adversely modify its critical their habitats, little of their forest habitat ongoing throughout their ranges at a habitat. If a proposed Federal action remains, deforestation is ongoing in level that places these species in danger may adversely affect a listed species, the these habitats, and these species are of extinction now, even without the responsible Federal agency must enter vulnerable to habitat loss; worsening of the threats, that, as into formal consultation with the (2) these species’ have poor dispersal discussed above, is likely. Service. Currently, with respect to P. ability, are unlikely to be able to escape Under the Act and our implementing fasciata, P. ornata, P. smithi, P. changing climate conditions via range regulations, a species may warrant subfusca, and P. vittata, no Federal shifts, and Sri Lanka’s climate is listing if it is endangered or threatened activities are known that would require changing at increasing rates; throughout all or a significant portion of consultation. (3) the cumulative effects of climate its range. Because we have determined Section 8(a) of the Act authorizes the change, intentional killing, pesticides, that P. fasciata, P. ornata, P. smithi, P. provision of limited financial assistance capture for the pet trade, and stochastic subfusca, and P. vittata are endangered for the development and management of processes are likely significantly throughout all of their ranges, we do not programs that the Secretary of the exacerbating the effects of habitat loss; need to conduct an analysis of whether Interior determines to be necessary or and there is any significant portion of their useful for the conservation of (4) P. smithi is known from few ranges where these species are in danger endangered or threatened species in locations, is likely rare, and very likely of extinction or likely to become so in foreign countries. Sections 8(b) and 8(c) vulnerable to stochastic processes. the foreseeable future. This is consistent of the Act authorize the Secretary to The Act defines an endangered with the Act because when we find that encourage conservation programs for species in section 3(6) of the Act as any a species is currently in danger of foreign listed species, and to provide species that is ‘‘in danger of extinction extinction throughout all of its range assistance for such programs, in the throughout all or a significant portion of (i.e., meets the definition of an form of personnel and the training of its range’’ and a threatened species in endangered species), the species is personnel. section 3(20) of the Act as any species experiencing high-magnitude threats Section 9 of the Act and our that is ‘‘likely to become an endangered across its range or threats are so high in implementing regulations at 50 CFR species within the foreseeable future particular areas that they severely affect 17.21 set forth a series of general throughout all or a significant portion of the species across its range. Therefore, prohibitions that apply to all its range.’’ the species is in danger of extinction endangered wildlife. These

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prohibitions, in part, make it illegal for the prohibitions, which are found in synonymy, identifying P. pederseni as a any person subject to the jurisdiction of sections 9 and 10 of the Act. synonym of P. vittata. Therefore, in this the United States to ‘‘take’’ (which final rule we retain the taxonomy Summary of Comments and includes harass, harm, pursue, hunt, provided in our proposed rule. Recommendations shoot, wound, kill, trap, capture, or (2) Comment: The peer reviewer collect; or to attempt any of these) In the proposed rule published on indicated that our conclusions regarding endangered wildlife within the United December 14, 2016 (81 FR 90297), we the effects of climate change and States or upon the high seas. It is also requested that all interested parties pesticides on these species are illegal to possess, sell, deliver, carry, submit written comments on the speculative because no studies have transport, or ship any such wildlife that proposal by February 13, 2017. We also been conducted on the effects of these has been taken illegally. In addition, it contacted appropriate scientific experts factors on Poecilotheria species. The is illegal for any person subject to the and organizations, and other interested peer reviewer also indicates that jurisdiction of the United States to parties and invited them to comment on Poecilotheria are unlikely to come in import; export; deliver, receive, carry, the proposal. We did not receive any direct contact with pesticides because transport, or ship in interstate or foreign requests for a public hearing. All they live in forests, which are not commerce, by any means whatsoever substantive information provided generally sprayed, and are nocturnal so and in the course of commercial during comment periods has either been are not active when spraying occurs. activity; or sell or offer for sale in incorporated directly into this final The peer reviewer indicates that studies interstate or foreign commerce any determination or is addressed below. on spiders in agroecosystems show listed species. Certain exceptions apply Peer Reviewer Comments spiders that do not have direct contact with pesticides survive. However, the to employees of the Service, the In accordance with our peer review National Marine Fisheries Service, other peer reviewer did not provide any new policy published on July 1, 1994 (59 FR information or evidence supporting her Federal land management agencies, and 34270), we solicited expert opinion State conservation agencies. assertions. from four knowledgeable individuals Our response: While no studies have We may issue permits to carry out with scientific expertise that included been carried out specifically assessing otherwise prohibited activities familiarity with Poecilotheria species or the effects of stress factors on any involving endangered wildlife under other tarantulas, their habitats and Poecilotheria species, the Act requires certain circumstances. No permit is biological needs, and stressors acting on that we make our determination of required for activities that do not their populations. We received species status based on the best constitute prohibited acts. Regulations responses from two of the peer scientific and commercial data available governing permits for endangered reviewers from whom we requested at the time of our rulemaking. In species are codified at 50 CFR 17.22. comments. One did not review the rule conducting our assessment of the With regard to endangered wildlife, a but provided additional information statuses of these species, we reviewed permit may be issued for the following regarding a threat to the habitat of P. all relevant information available to us, purposes: For scientific purposes, to smithi, and we have incorporated this including information submitted to us enhance the propagation or survival of information into this final rule. The following the initiation of the 12-month the species, and for incidental take in second peer reviewer supported our status reviews for these species. We connection with otherwise lawful determinations based on our assessment subsequently based our conclusions activities. The Service may also register of some threats, but disagreed with our regarding the factors affecting these five persons subject to the jurisdiction of the assessment of others. This peer reviewer species on the best available United States through its captive-bred- also provided a technical correction information. We acknowledged in our wildlife (CBW) program if certain pertaining to our physical description of proposed rule that the population-level established requirements are met under Poecilotheria species, and we have effects of climate change and pesticides the CBW regulations. 50 CFR 17.21(g). incorporated this information into this on these species are uncertain. Through a CBW registration, the Service final rule. However, as indicated in our proposed may allow a registrant to conduct We reviewed all comments received rule, the best available information certain otherwise prohibited activities from the peer reviewers for substantive indicates that these stressors are likely under certain circumstances to enhance and new information regarding the negatively affecting these species, either the propagation or survival of the listing of the five species addressed in directly or indirectly, to some extent. affected species: Take; export or re- this rule. Peer reviewer comments are Consequently, it is reasonable to import; deliver, receive, carry, transport addressed in the following summary conclude, as we did in our proposed or ship in interstate or foreign and incorporated into the final rule as rule, that pesticides and climate change commerce, in the course of a appropriate. likely exacerbate the effects of other commercial activity; or sell or offer for (1) Comment: Citing the taxonomic stressors acting on these species. sale in interstate or foreign commerce. A revision done by Gabriel et al. (2013, Therefore, because we based our CBW registration may authorize entire), and the World Spider Catalog, conclusions on the best available interstate purchase and sale only the peer reviewer states that P. vittata is information, and the peer reviewer between entities that both hold a not endemic to Sri Lanka, but rather that provided no evidence or new registration for the taxon concerned. P. vittata was synonymized with the information for our review, we did not The CBW program is available for Indian species P. striata and recently revise our conclusions regarding the species having a natural geographic removed from this synonymy. effects of climate change or pesticides distribution not including any part of Our response: Gabriel et al. (2013, on these five species. the United States and other species that entire) not only remove P. vittata from We cannot assess the studies to which the Director has determined to be synonymy with the Indian species P. the reviewer refers regarding the effects eligible by regulation. The individual striata, but also show P. vittata to be the of pesticides on spiders because the specimens must have been born in senior synonym of P. pederseni. reviewer did not provide copies of these captivity in the United States. There are Further, the World Spider Catalog studies or the citations for them. also certain statutory exemptions from (2017, unpaginated) recognizes this Further, while we agree that some

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members of these species’ populations provided no new information. A few available. In doing so, we reviewed all are unlikely to have direct contact with other commenters claimed, more information available to us on these pesticides, we do not agree that is the generally, that we used outdated species, including information case for all members, particularly those references or erroneous information, or submitted to us by the public following inhabiting fragmented forests or misrepresented the findings of cited initiation of our 12-month status remnant forest patches. As indicated in authors. However, these commenters reviews for these species. This included our proposed rule, these species could also provided no new references or information and dozens of articles from be exposed to pesticides via pesticide information supporting their claims. hobbyist publications. Further, we cited drift into forests that are adjacent to Our Response: The Act requires that several of these sources in our proposal crop-growing areas, by traveling over we use the best available scientific and and retained these citations in this final pesticide treated land when dispersing commercial data to determine if a rule. between forest patches, or by consuming species meets the definition of a (3) Comment: Some commenters prey that have been exposed to ‘‘threatened species’’ or an ‘‘endangered believe that we inaccurately suggested pesticides (see Pesticides). Also, the species’’ because of any one or a in our proposed rule that all captive- most commonly used insecticides in Sri combination of the five factors found in bred specimens of these species have Lanka—carbofuran, chlorpyrifos, and section 4(a)(1) of the Act. This analysis limited value to the conservation of diazinon—can remain active in the includes an analysis of the extent to these species—that all are inbred, environment for days after application which captive-held members of a maladapted to conditions in the wild, or (Kamrin 1997, in Christensen et al. species create or contribute to threats to hybridized—and that we did not 2009, unpaginated; Karmin 1997, in the species (for example, by fueling acknowledge the knowledge and good Harper et al. 2009, unpaginated; U.S. trade) or the extent to which captive- practices of reputable breeders. A few National Library of Medicine 1995, in held members of a species remove or suggest that genetic tests could EXTOXNET 1996, unpaginated). reduce threats to the species by determine which captives could Therefore, these five species could be contributing to the conservation of the potentially be useful for a conservation directly and negatively affected by these species (for example, by providing breeding program. specimens for population augmentation pesticides after spraying occurs. They Our Response: We appreciate the or reintroduction). In conducting our could also be indirectly affected by level of knowledge and care taken by analysis, we reviewed all relevant pesticides through consumption of reputable hobbyists when breeding information available to us on these contaminated prey, or reduction or these species. However, we species, including information depletion of prey populations. Taken acknowledged the uncertainties submitted to us following the initiation together, and considering the extent of pertaining to the levels of inbreeding of the 12-month status reviews for these pesticide use and misuse in the country, and hybridization in pet trade it is likely that the five species species. We based our proposed rule, specimens in our proposed rule by addressed in this rule are directly or including the discussion and indicating that captive individuals of indirectly negatively affected by conclusions regarding captive these species ‘‘may be inbred or pesticides to some extent and that these Poecilotheria, on the best scientific and maladapted to conditions in the wild’’ effects likely exacerbate the effects of commercial data available to us at the and ‘‘likely include an unknown other threats acting on these species. time of our proposed rule. In addition, we reviewed all comments and number of hybrids’’ (see Captive Public Comments information submitted by the public and Poecilotheria). Further, as indicated We received 115 public comments on peer reviewers during the public above, we have revised the section on the proposed listing of these species, comment period for our proposed rule captive Poecilotheria to clarify the bases most from people involved in the and base this final rule on the best of our conclusions. With respect to tarantula hobby as owners, breeders, or available information. determining the genetic appropriateness sellers. We reviewed all comments Although some commenters provided of captive specimens for conservation received from the public for substantive anecdotal observations of captive via genetic testing, the Act requires us issues and new information regarding specimens to support their assertions to make our decision based on the best the listing of the five species addressed regarding the effects of inbreeding and available information at the time we in this rule. Public comments are maladaptation in captive specimens, or make our decision, and we are not addressed in the following summary the ability of captive specimens to adapt aware of any genetic studies on any and incorporated into the final rule as to climate conditions, observations of individuals of these species, captive or appropriate. A few commenters health or survivability in captive wild. Even if such information existed, provided new information on conditions are not informative to we have no information indicating that Poecilotheria biology or trade, and we predicting health or survivability in pet trade specimens are contributing to have incorporated this information into wild conditions because selection the conservation of these species in the the corresponding sections of this rule. pressures in the wild differ greatly from wild, for instance, as part of a (1) Comment: Several commenters those in captivity. Therefore, in this reintroduction program. Therefore, we questioned certain information in our final rule we did not change any of our have not changed our conclusions proposed rule. Several claimed that we conclusions on these topics. However, regarding captive specimens of these inaccurately characterized the degree or we revised the section on Captive species. effects (or both) of inbreeding or Poecilotheria to clarify the bases of our (4) Comment: A few commenters maladaptation in captive specimens of conclusions. assert that the extent of hybridization of these species. Another questioned our (2) Comment: A few commenters these species in the pet trade is likely assessment of the ability of these species suggested that we did not consider the low because tarantula hobbyists are to adapt to changing climate in Sri knowledge or efforts of hobbyists in our strongly opposed to hybridization of Lanka. Many of these commenters cited proposal. species, and because breeders can their own anecdotal observations of Our Response: As required by the Act, distinguish between species of adult captive specimens to support their we based our determinations on the best specimens and take care not to cross- claims while the remaining commenters scientific and commercial information breed them.

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Our Response: Again, we appreciate wild. However, we acknowledge that species as explained in response to the level of knowledge and care taken some pet trade specimens could comments below. We recommend that by reputable hobbyists when breeding potentially contribute to the breeding records be maintained to show these species. However, because (1) conservation of these species in the wild parentage. genetic studies have not been conducted if, for example, they became part of a (7) Comment: Several commenters on any of these species, (2) evidence genetically managed conservation requested we exempt captive-bred indicates that hybrids do occur in the breeding program. Persons seeking to specimens and their offspring from hobby, (3) hybridization may not be engage in otherwise prohibited activities possession and interstate sales visually apparent in captive individuals, with endangered wildlife for scientific regulations, allowing ownership and and (4) the lineages of pet trade purposes or to enhance the propagation interstate trade of these species to occur specimens of these species are not or survival of these species may seek without obtaining a permit under the documented, the extent of hybridization authorization from the Service (see Act. in any particular captive specimen—be Available Conservation Measures). Our Response: Because we it high, low, or nonexistent—is We also have no information determined that all five of these species unknown. indicating that current or future meet the definition of an ‘‘endangered (5) Comment: Several commenters education or research efforts are being species’’ under the Act, section 9(a)(1) believe that captive-bred specimens in conducted or planned with captive-bred of the Act and our implementing the pet trade are beneficial or necessary pet trade specimens of these species for regulations at 50 CFR 17.21 set forth a to the conservation of these species. conservation purposes, or any evidence series of general prohibitions that apply They believe captive-bred specimens that populations in the wild are to all members of each of these species, provide a safety net for these species to benefiting from current education or whether captive or wild. The prevent extinction, increase public research efforts using captive-bred pet prohibitions cannot be revised through awareness, provide for education and trade specimens. The best scientific and a regulation under section 4(d) of the research, supply zoos, and take the commercial data available indicate that Act, because such regulations apply to collection pressure off wild populations as of September 2017 there were only 19 threatened species. The Act also does by fulling the demand for these species specimens in captivity in zoos not allow for captive-bred specimens of as pets. Two commenters assert that worldwide (11 P. fasciata, 1 P. ornata, these listed species to be assigned these species are not in danger of 2 P. vitatta, 5 P. subfusca) (Species360 separate legal status from their wild extinction because many exist in 2017, unpaginated). counterparts. However, no permit is captivity. With respect to trade, certain required for activities that do not Our Response: The goal of the Act is prohibitions, certain exceptions, and constitute prohibited acts. As noted in survival and recovery of endangered other conservation measures established response to comments below, the Act and threatened species and the through the Act are available for does not prohibit captive breeding of ecosystems on which they depend. endangered species upon listing (see listed species and also does not prohibit Therefore, when analyzing threats to a Available Conservation Measures). a number of activities related to captive species, we focus our analysis on threats Therefore, they are provided by law to breeding, such as ownership. acting upon its survival in the wild, fulfill the purposes and policy of the Furthermore, we may authorize generally within the native range of the Act. The effects of legal trade of a otherwise prohibited activities for species. In our assessment of the status species on wild populations and market scientific purposes or to enhance the of a species, the extent to which captive- demand for that species is a complex propagation or survival of these species, held members of a species create or phenomenon influenced by a variety of in accordance with the Act and our contribute to threats to the species (for factors (Bulte and Damania 2005, entire; regulations (see Available Conservation example, by fueling trade) or the extent Fischer 2004, entire), and we are not Measures). to which captive-held members of a aware of any evidence indicating that (8) Comment: Several commenters species remove or reduce threats to the the pet trade of captive-bred specimens suggested that, rather than list these species by contributing to the of these species are benefitting wild species as endangered species under the conservation of the species in the wild populations. Act, we instead take another action such (for example, by providing specimens (6) Comment: One commenter as: List them in a CITES Appendix, list for population augmentation or expressed concern that listing these them as threatened species with a reintroduction) is part of the analysis we species as endangered would likely section 4(d) rule that allows interstate conduct under section 4(a)(1) of the Act result in their extinction due to forcing trade, do not list them at all, or focus on to determine if the species meets the breeders to stop breeding unless they ameliorating threats within these definition of an endangered species or a apply for a permit. The commenter also species’ native ranges rather than on threatened species. Further, the Act indicated that specimens possessed by regulating domestic trade. requires that we make our decision hobbyists that are unable to be used in Our Response: When we receive a based on the best scientific and repopulation efforts would not fall petition to list a species under the Act, commercial data available at the time under the protections of the Act because we are required to make a determination our decision is made. As indicated in they are ‘‘unpure specimens’’. as to whether that species meets the our proposed rule, we are not aware of Our Response: As explained in Act’s definition of a threatened species any existing conservation programs for response to comments below, captive or an endangered species. We are these species or information indicating breeding and many activities related to required to do this based solely on the that pet trade specimens contribute to captive breeding are not prohibited best scientific and commercial data the viability of these species within under the Act. Persons seeking to available, as it relates to the five listing their native ranges in the wild, and have engage in activities that are not factors in section 4(a)(1) of the Act. clarified this in revisions to the Captive prohibited under the Act do not need a When we determine that a species meets Poecilotheria section of this rule. We permit under the Act. While we are not the Act’s definition of a threatened also determined that pet trade certain how this commenter defines species or endangered species, we must specimens likely hold limited value to ‘‘unpure’’, the protections of the Act list that species accordingly under the the conservation of these species in the apply to all members of these five Act. We determined that these species

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meet the definition of endangered regardless of whether a species is native exemption or permit under the Act shall species, and as such we must list them to the United States. The protections of have the burden of proving that the as endangered species. The Act and our the Act include prohibitions on certain exemption or permit is applicable, has regulations provide prohibitions and activities including import, export, take, been granted, and was valid and in force other conservation measures that apply and certain commercial activity in at the time of an alleged violation. to all endangered species as described interstate or foreign commerce (see While the Service may have information above (see Available Conservation Available Conservation Measures). By available to it that may assist in making Measures). Because we found that regulating these activities, the Act helps required determinations prior to listing these species as endangered is to ensure that people under the authorizing otherwise prohibited warranted, not listing them is not an jurisdiction of the United States do not activities with listed species, the burden option. We also cannot list them as contribute to the further decline of is on the applicant to provide necessary threatened species with a section 4(d) listed species. information for the Service to issue a rule because we found that they are (11) Comment: Several commenters permit. endangered, not threatened species. raise concerns that listing would Furthermore, because we found them provide a disincentive to captive- Required Determinations warranted for listing, not listing them is breeding these species. National Environmental Policy Act (42 not feasible. Finally, CITES has a Our Response: It is not our intention U.S.C. 4321 et seq.) different process and set of criteria for to cause difficulties for breeders of these listing species in the CITES Appendices species or a decline in the pool of We have determined that that is independent of listing under the captive-held specimens. The Act does environmental assessments and Act. The portion of the comment not prohibit or ‘‘ban’’ captive breeding environmental impact statements, as suggesting a CITES listing is outside the of listed species. The Act also does not defined under the authority of the scope of this agency action to consider prohibit a number of activities related to National Environmental Policy Act whether these species should be listed captive breeding. For example, (NEPA; 42 U.S.C. 4321 et seq.), need not as endangered species under the Act. ownership, possession, or keeping of a be prepared in connection with listing (9) Comment: One commenter asked listed species that was legally acquired a species as an endangered or how to acquire a permit for exemption and not taken in violation of the Act is threatened species under the from the prohibitions of the Act and not prohibited by the Act—nor is Endangered Species Act. We published how often permits need to be renewed. interstate transport of that are a notice outlining our reasons for this Our Response: Information regarding not for sale, not offered for sale, or not determination in the Federal Register permits for activities related to these transported in the course of a on October 25, 1983 (48 FR 49244). five species can be obtained at our commercial activity. Further, while the References Cited International Affairs program website at Act prohibits harassment of listed https://www.fws.gov/international/. species (via the definition of ‘‘take’’), A complete list of references cited in (10) Comment: Several commenters our regulations specify that, when this rulemaking is available on the believe that trade in these species has captive animals are involved, internet at http://www.regulations.gov little or no effect on wild populations harassment does not include generally in Docket No. FWS–HQ–ES–2016–0076 and provided various reasons, accepted husbandry practices and upon request from the Branch of including: They had never seen, or that meet or exceed AWA standards, Foreign Species, Ecological Services heard of others seeing, a wild-caught breeding procedures, or provisions of (see FOR FURTHER INFORMATION CONTACT). specimen; the captive stock is self- veterinary care for confining, Authors sustaining; wild-caught specimens are tranquilizing, or anesthetizing, when frowned upon in the hobby; and there such practices, procedures, or The primary authors of this final rule is no financial incentive for the trade of provisions are not likely to result in are the staff members of the Branch of wild-caught specimens. Others contend injury (see the definition of harass at 50 Foreign Species, Ecological Services, that listing and/or regulating trade in CFR 17.3). In addition, activities that do Falls Church, VA. the United States is not necessary or not adversely affect these species, such List of Subjects in 50 CFR Part 17 useful because U.S. trade does not affect as observations in behavioral research, wild populations and because the are not considered take. Activities that Endangered and threatened species, primary threats to these species occur are not prohibited by the Act do not Exports, Imports, Reporting and outside U.S. jurisdiction, in Sri Lanka. require a permit under the Act. recordkeeping requirements, Our Response: Evidence shows that The protections of the Act for Transportation. wild-caught specimens of some of these endangered species include prohibitions Regulation Promulgation species occur in trade (see Trade). on certain activities with any member of Although the amount of trade in wild- the listed species including import, Accordingly, we amend part 17, caught specimens in the United States export, take, and certain commercial subchapter B of chapter I, title 50 of the appears to be small, this does not mean activity in interstate or foreign Code of Federal Regulations, as set forth trade, or U.S. trade, has no, or even commerce (see Available Conservation below: little, effect on wild populations. As Measures). Permits may be issued to indicated in our proposed rule, carry out otherwise prohibited PART 17—ENDANGERED AND collection of small numbers of activities, for scientific purposes or to THREATENED WILDLIFE AND PLANTS individuals of these species could enhance the propagation or survival of ■ 1. The authority citation for part 17 potentially have significant negative the species. For example, a permit could continues to read as follows: effects on wild populations of these potentially be issued for import or species. With respect to U.S. export of captive-bred specimens if the Authority: 16 U.S.C. 1361–1407; 1531– jurisdiction and the regulation of trade, activity were determined to enhance the 1544; and 4201–4245; unless otherwise the Act requires the Service to propagation or survival of the species. noted. determine if species qualify as Section 10(g) of the Act provides that ■ 2. In § 17.11(h), add the following endangered or threatened species any person claiming the benefit of any entries to the List of Endangered and

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Threatened Wildlife in alphabetical ■ c. Spider, Pedersen’s tiger; § 17.11 Endangered and threatened under : ■ d. Spider, Smith’s tiger; and wildlife. ■ a. Spider, ivory ornamental tiger; ■ e. Spider, Sri Lanka ornamental tiger. * * * * * ■ b. Spider, ornate tiger; The additions read as follows: (h) * * *

Listing citations and Common name Scientific name Where listed Status applicable rules

******* ARACHNIDS

******* Spider, ivory ornamental tiger ...... Poecilotheria subfusca ...... Wherever found ...... E 83 FR [Insert Federal Register page where the document be- gins], 7/31/2018.

******* Spider, ornate tiger ...... Poecilotheria ornata ...... Wherever found ...... E 83 FR [Insert Federal Register page where the document be- gins], 7/31/2018. Spider, Pedersen’s tiger ...... Poecilotheria vittata ...... Wherever found ...... E 83 FR [Insert Federal Register page where the document be- gins], 7/31/2018. Spider, Smith’s tiger ...... Poecilotheria smithi ...... Wherever found ...... E 83 FR [Insert Federal Register page where the document be- gins], 7/31/2018.

******* Spider, Sri Lanka ornamental tiger .. Poecilotheria fasciata ...... Wherever found ...... E 83 FR [Insert Federal Register page where the document be- gins], 7/31/2018.

*******

* * * * * mammals incidental to the pier Purpose and Need for Regulatory Dated: May 29, 2018. construction activities conducted at the Action James W. Kurth, Naval Submarine Base New London in This final rule establishes a Groton, Connecticut, over the course of Deputy Director, U.S. Fish and Wildlife framework under the authority of the Service, Exercising the Authority of the five years (2020–2025). These MMPA (16 U.S.C. 1361 et seq.) to allow Director, U.S. Fish and Wildlife Service. regulations allow NMFS to issue a Letter for the authorization of take of marine [FR Doc. 2018–16359 Filed 7–30–18; 8:45 am] of Authorization (LOA) for the mammals incidental to the Navy’s incidental take of marine mammals BILLING CODE 4333–15–P construction activities related to marine during the specified construction structure maintenance and pile activities carried out during the rule’s replacement at a facility in Groton, DEPARTMENT OF COMMERCE period of effectiveness, set forth the Connecticut. permissible methods of taking, set forth We received an application from the National Oceanic and Atmospheric other means of effecting the least Navy requesting five-year regulations Administration practicable adverse impact on marine and authorization to take multiple mammal species or stocks and their species of marine mammals. Take 50 CFR Part 217 habitat, and set forth requirements would occur by Level A and Level B pertaining to the monitoring and [Docket No. 170908887–8622–02] harassment incidental to impact and reporting of the incidental take. vibratory pile driving. Please see RIN 0648–BH24 DATES: Effective March 1, 2020 through ‘‘Background’’ below for definitions of February 28, 2025. harassment. Taking and Importing Marine Mammals; Taking Marine Mammals ADDRESSES: To obtain an electronic Legal Authority for the Proposed Action Incidental to U.S. Navy Pier copy of the Navy’s LOA application or other referenced documents, visit the Section 101(a)(5)(A) of the MMPA (16 Construction Activities at Naval U.S.C. 1371(a)(5)(A)) directs the Submarine Base New London internet at: www.nmfs.noaa.gov/pr/ permits/incidental/construction.htm. In Secretary of Commerce to allow, upon AGENCY: National Marine Fisheries case of problems accessing these request, the incidental, but not Service (NMFS), National Oceanic and documents, please call the contact listed intentional taking of small numbers of Atmospheric Administration (NOAA), below (see FOR FURTHER INFORMATION marine mammals by U.S. citizens who Commerce. CONTACT). engage in a specified activity (other than ACTION: Final rule. commercial fishing) within a specified FOR FURTHER INFORMATION CONTACT: geographical region for up to five years SUMMARY: Upon application from the Shane Guan, Office of Protected if, after notice and public comment, the U.S. Navy (Navy), NMFS is issuing Resources, NMFS; phone: (301) 427– agency makes certain findings and regulations under the Marine Mammal 8401. issues regulations that set forth Protection Act for the taking of marine SUPPLEMENTARY INFORMATION: permissible methods of taking pursuant

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