5264 Federal Register / Vol. 60, No. 17 / Thursday, January 26, 1995 / Rules and Regulations

DEPARTMENT OF THE INTERIOR Saint Francis’ satyr is a fairly small, Whereas true fens—apparently the habitat dark brown and is a typical of the northern form of N. mitchellii Fish and Wildlife Service member of the , a subfamily of (Wilsman and Schweitzer 1991)—are the family, which circumneutral to basic in pH and are long- 50 CFR Part 17 includes many species commonly called lasting features of the landscape, the boggy RIN 1018±AC44 satyrs and wood nymphs. The wingspan areas of the sandhills are quite acidic as well for the species ranges from 34 to 44 mm as ephemeral, succeeding either to pocosin or Endangered and Threatened Wildlife (Opler and Malikul 1992). Saint Francis’ swamp forest if not kept open by frequent fire and Plants; Saint Francis' Satyr satyr and Mitchell’s satyr (N. m. or beaver activity. Determined To Be Endangered mitchellii), the northern subspecies, Hall (1993) further states: AGENCY: Fish and Wildlife Service, which was listed as endangered on May 20, 1992 (57 FR 21569), are nearly Under the natural regime of frequent fires Interior Department. ignited by summer thunderstorms, the ACTION: Final rule. identical in size and show only a slight degree of sexual size dimorphism (Hall sandhills were once covered with a much more open type of woodland, dominated by SUMMARY: The Fish and Wildlife Service 1993, Parshall and Kral 1989). Like most longleaf pine, wiregrass, and other fire- (Service) determines the Saint Francis’ species in the wood nymph group, Saint tolerant species. The type of forest that satyr butterfly ( mitchellii Francis’ satyr has conspicuous currently exists along [the creek inhabited by francisci) to be an endangered species ‘‘eyespots’’ on the lower surfaces of the Saint Francis’ satyr] can only grow up under under the authority of the Endangered wings. These eyespots are dark maroon- a long period of fire suppression. The Species Act of 1973, as amended (Act). brown in the center, reflecting a silver dominance on this site of loblolly pine, This butterfly is known only from a cast in certain lights. The border of moreover, is due primarily to past forestry single locality in North Carolina. Recent these dark eyespots is straw-yellow in management practices, not any form of heavy collecting pressure on this color, with an outermost border of dark natural succession. butterfly has resulted in the one small brown. The eyespots are usually round remaining population being reduced to to slightly oval and are well developed Parshall and Kral speculated that N. near extinction. This action implements on the forewing as well as on the hind m. francisci is a relict from a more Federal protection and recovery wing. The spots are accented by two widespread southern distribution provisions for Saint Francis’ satyr, as bright orange bands along the posterior during the Pleistocene period. Hall provided by the Act. wing edges and two darker brown bands (1993) presents the following alternative EFFECTIVE DATE: February 27, 1995. across the central portion of each wing. hypothesis: ADDRESSES: The complete file for this Saint Francis’ satyr, like the northern The current narrow distribution of rule is available for inspection, by subspecies, can be distinguished from francisci could also be a result of the appointment, during normal business its North American congener, N. enormous environmental changes that have hours at the Asheville Field Office, U.S. areolata, by the latter’s well-marked occurred in the southern coastal plain just Fish and Wildlife Service, 330 eyespots on the upper wing surfaces and within the past 100 years. Only the discovery Ridgefield Court, Asheville, North brighter orange bands on the hind wing of additional populations or fossil remains Carolina 28806. as well by its lighter coloration and can clarify this situation. FOR FURTHER INFORMATION CONTACT: Ms. stronger flight (Refsnider 1991, Extensive searches have been made of Nora Murdock at the above address McAlpine et al. 1960, Wilsman and suitable habitat in North Carolina and (704/665–1195, Ext. 231). Schweitzer 1991, Hall 1993). South Carolina, but no other SUPPLEMENTARY INFORMATION: Saint Francis’ satyr is extremely populations of this butterfly have been Background restricted geographically. The northern found (Hall 1993, Schweitzer 1989). subspecies has been eliminated from francisci is a approximately half its known range, Previous Federal Action subspecies of one of two North primarily due to collecting (Refsnider Federal government actions on this American species of Neonympha. One 1991). Saint Francis’ satyr is now of the rarest in eastern North species began when it was included as known to exist as a single population in a category 2 species in the America, it was described by Parshall North Carolina. and Kral in 1989 from material collected candidate review list published on in North Carolina. These authors The annual life cycle of N. m. November 21, 1991 (56 FR 58804). estimated that the single known francisci, unlike that of its northern Category 2 species are those for which population probably produced less than relative, is bivoltine. That is, it has two the Service believes that Federal listing 100 adults per year. Shortly thereafter, adult flights or generations per year. as endangered or threatened may be Saint Francis’ satyr was reported to have Larval host plants are believed to be warranted but for which conclusive data been collected to extinction (Refsnider graminoids such as grasses, sedges, and on biological vulnerability and threat 1991, Schweitzer 1989). The species rushes. Little else is known about the are not currently available to support was rediscovered at the type locality in life history of this butterfly. The habitat proposed rules. Recent surveys 1992 during the course of a Service- occupied by this satyr consists primarily conducted by Service and State funded status survey. Section 3 of the of wide, wet meadows dominated by personnel led the Service to believe that Act defines ‘‘species’’ to include ‘‘any sedges and other wetland graminoids. In sufficient information existed to subspecies of fish or wildlife or plants, the North Carolina sandhills, such proceed with an emergency rule to list and any distinct population segment of meadows are often relicts of beaver Neonympha mitchellii francisci as any species of vertebrate fish or wildlife activity. Unlike the habitat of Mitchell’s endangered. The emergency rule was ** * .’’ Therefore, although N. m. satyr, the North Carolina species’ habitat published on April 18, 1994 (59 FR francisci is recognized taxonomically as cannot properly be called a fen because 18324). A proposed rule (59 FR 18350) a subspecies, it will be referred to as a the waters of this sandhills region are was published simultaneously to ‘‘species’’ throughout the remainder of extremely poor in inorganic nutrients. initiate the formal listing process for this rule. Hall (1993) states: this species. Federal Register / Vol. 60, No. 17 / Thursday, January 26, 1995 / Rules and Regulations 5265

Summary of Comments and however, the extirpation of beavers from the apprehension about any restriction on Recommendations Carolinas may have been the greatest factor. collecting of this rare and much-sought- In the April 18, 1994, proposed rule Beavers had been virtually eliminated after satyr. Collectors reportedly visited and associated notifications, all from North Carolina by the turn of the the known site every day throughout the interested parties were requested to century. Reintroductions began in 1939, flight periods, taking every adult they saw (Hall 1993). After this first wave of submit factual reports or information but it was several decades before they over-collection, many unsuccessful that might contribute to the again became an agent for creation of searches for the butterfly were made development of a final rule. Appropriate the sedge meadow habitats favored by before it was eventually rediscovered. State agencies, county governments, Saint Francis’ satyr (Hall 1993, Numbers of individuals then seen were Federal agencies, scientific Woodward and Hazel 1991). Hall much lower than those reported by organizations, and other interested further states: Parshall and Kral (1989), with the parties were contacted and requested to As the landscape mosaic of open highest single count consisting of only comment. A newspaper notice inviting woodlands and wetlands of the coastal plain 11 butterflies (Hall 1993). Even though public comment was published in the declined throughout the past two centuries, the range of francisci must have become part of this population is protected from ‘‘Fayetteville Observer,’’ Fayetteville, collectors by virtue of being within North Carolina, on May 6, 1994. Only increasingly fragmented. Although isolated populations may have persisted as long as dangerous artillery impact areas on one written comment was received, and suitable habitat remained, the structure of Department of Defense (DOD) land, that letter expressed support for the their metapopulation would have been intensive collecting from the periphery proposal. destroyed. Opportunistic colonization of of these areas could reduce total newly available habitats as well as the population numbers below the levels Summary of Factors Affecting the repopulation of sites wiped clean by fire or Species other catastrophe would have become needed for long-term survival. Very little is known about this species’ life After a thorough review and eventually impossible; one by one, the history and ecological requirements, but consideration of all information isolated remnants would have blinked out of it appears to be a more vagile species available, the Service has determined existence. Although again speculative, the fracturing of metapopulations has been used than its northern relative. It may well be that Saint Francis’ satyr should be to explain the decline of the arogos skipper dependent upon a large metapopulation classified as an endangered species. and a number of butterflies associated with structure in order to colonize new sites Procedures found at section 4(a)(1) of the tall-grass prairies (Panzer, 1988, D. or recolonize those from which it has the Act and regulations (50 CFR part Schweitzer, pers. comm.). That francisci was been extirpated. 424) promulgated to implement the a relict to begin with only exacerbated this C. Disease or predation. This listing provisions of the Act were problem; the overall effect was to bring it as butterfly, like others, is undoubtedly followed. A species may be determined close to extinction as any butterfly in the country. consumed by predators, but there is no to be an endangered or threatened evidence that predation is a threat to the species due to one or more of the five The sole surviving population of this species at this point. Disease is not factors described in section 4(a)(1). species is now fragmented into less than known to be a factor in its decline. These factors and their application to half a dozen small colonies that occupy D. The inadequacy of existing Saint Francis’ satyr (Neonympha a total area no larger than a few square regulatory mechanisms. are not mitchellii francisci) are as follows: miles. protected from collection under North A. The present or threatened B. Overutilization for commercial, Carolina law. There are also no DOD destruction, modification, or recreational, scientific, or educational regulations that would restrict the curtailment of its habitat or range. purposes. Both subspecies of collecting of Saint Francis’ satyr in Because of its relatively recent Neonympha mitchellii are highly prized North Carolina. Federal listing of this discovery, it is impossible to determine by collectors, including commercial species will provide legal protection what the original range of Saint Francis’ collectors who often systematically against indiscriminate taking and illegal satyr might have been. However, based collect every individual available. trade. upon its demonstrated dependency on Several populations of the northern E. Other natural or manmade factors periodic fires and the general trend of subspecies are known to have been affecting its continued existence. fire suppression on private lands, it obliterated by collectors, and others are Although the habitat occupied by this seems reasonable to assume that it once believed extremely vulnerable to this species is dependent upon some form of occupied a more extensive area. This threat (Refsnider 1991). As mentioned disturbance to set back succession (e.g., assumption is further supported by in the Background section, the single periodic fire and/or beaver extensive recent searches of suitable known population of Saint Francis’ impoundments), intense fires at critical habitat where the species could not be satyr was so hard-hit by collectors in the times during the life cycle of the species found. As stated by Hall (1993): 3 years following its initial discovery can eliminate small colonies. In order for francisci to have survived over that it was believed to have been Historically, this would not have been a the past 10,000 years, there must surely have collected to extinction. Subsequent to problem since there were undoubtedly been more populations and greater numbers the emergency listing of the northern other adjacent populations that could of individuals than apparently now exist subspecies in 1991 (56 FR 28828) and recolonize extirpated sites. However, ** * . As is true for many species that were prior to the publication of the the fact that only one population of this once widespread in the sandhills, massive emergency listing of Saint Francis’ satyr, species now remains makes it more habitat alteration must also be a major factor the North Carolina population was the vulnerable to such threats as in the diminution of the range of francisci last site where Neonympha mitchellii catastrophic climatic events, inbreeding * * * reductions in francisci’s range would could legally be collected. Following the depression, disease, and parasitism. Part have accompanied the extensive loss of wetland habitats in the coastal plain. Again, emergency listing of Mitchell’s satyr, the of the occupied area is adjacent to the draining of swamps, pocosins, Carolina North Carolina Natural Heritage regularly traveled roads, where there is bays, savannas, flatwoods, and bogs for Program received several inquiries from the threat of toxic chemical spills into conversion to agriculture and silviculture is collectors about access to the last the species’ wetland habitat. Current well known. In the case of francisci, available population. Several expressed military use of the impact areas is 5266 Federal Register / Vol. 60, No. 17 / Thursday, January 26, 1995 / Rules and Regulations favorable to this species; the frequent designation of critical habitat is not into formal consultation with the fires associated with shelling are presently prudent for this species. Service. undoubtedly a principal reason why the Service regulations (50 CFR Federal activities that could impact species is surviving on military lands 424.12(a)(1)) state that designation of Saint Francis’ satyr and its habitat in the and not on surrounding private lands. critical habitat is not prudent when or future include, but are not limited to, DOD personnel are aware of the species’ both of the following situations exist— the following: road and firebreak plight and have been cooperative in (1) The species is threatened by taking construction, pesticide application, protection efforts. However, heavy or other human activity, and beaver control, troop movements, siltation is a potential problem that identification of critical habitat can be prescribed burning and fire suppression, could threaten the small drainages expected to increase the degree of threat and facilities construction. The only occupied by the species. Although troop to the species, or (2) such designation of known population is located on military movements directly through an area critical habitat would not be beneficial lands, where the DOD is already occupied by the satyr could have to the species. working with the Service to secure the negative impacts, this has not occurred As discussed under Factor B in the protection and proper management of to date; these activities have now been Summary of Factors Affecting the Saint Francis’ satyr while directed away from areas where the Species section, Saint Francis’ satyr has accommodating military activities to the satyr occurs. Other potential threats to already been impacted by over- extent possible. Conservation of this the species include pest control collecting and continues to be butterfly is consistent with most programs (for mosquitoes or gypsy threatened by collecting pressure. ongoing military operations at the moths) and beaver control. Publication of critical habitat occupied site, and the listing of the The Service has carefully assessed the descriptions and maps would make the species is not expected to result in best scientific and commercial satyr more vulnerable to collection and significant restrictions on military use of information available regarding the past, would increase enforcement problems the land. present, and future threats faced by this and the likelihood of extinction. The Act and implementing species in determining to make this rule Protection of this species’ habitat will be regulations found at 50 CFR 17.21 set final. Based on this evaluation, the addressed through the recovery process forth a series of general prohibitions and preferred action is to list Saint Francis’ and through the section 7 jeopardy exceptions that apply to all endangered satyr as endangered. With only one standard. The single remaining wildlife. These prohibitions, in part, population remaining (and this one population is located on military lands, make it illegal for any person subject to having already been diminished by where the DOD is aware of its the jurisdiction of the United States to intensive collecting) and with the other occurrence. take (includes harass, harm, pursue, subspecies having been completely hunt, shoot, wound, kill, trap, or collect; Available Conservation Measures eliminated from half the States where it or to attempt any of these), import or historically occurred, the threat of over- Conservation measures provided to export, ship in interstate commerce in collection cannot be denied. The species listed as endangered or the course of a commercial activity, or additional threats to the habitat from threatened under the Act include sell or offer for sale in interstate or fire exclusion and the lack of other recognition, recovery actions, foreign commerce any listed species. It processes that formerly created suitable requirements for Federal protection, and also is illegal to possess, sell, deliver, habitat make this species even more prohibitions against certain practices. carry, transport, or ship any such vulnerable to extinction. Critical habitat Recognition through listing encourages wildlife that has been taken illegally. is not being designated for the reasons and results in conservation actions by Certain exceptions apply to agents of the discussed below. Federal, State, and private agencies, Service and State conservation agencies. groups, and individuals. The Act It is the policy of the Service, Critical Habitat provides for possible land acquisition published in the Federal Register on Critical habitat is defined in section 3 and cooperation with the States and July 1, 1994 (59 FR 34272), to identify of the Act as: (i) the specific areas requires that recovery actions be carried to the maximum extent practicable at within the geographical area occupied out for all listed species. The protection the time of listing those activities that by a species, at the time it is listed in required of Federal agencies and the would or would not constitute a accordance with the Act, on which are prohibitions against certain activities violation of section 9 of the Act. The found those physical or biological involving listed are discussed, intent of this policy is to increase public features (I) essential to the conservation in part, below. awareness of the effect of the listing on of the species and (II) that may require Section 7(a) of the Act requires proposed or ongoing activities within a special management considerations or Federal agencies to evaluate their species’ range. Since Saint Francis’ satyr protection and; (ii) specific areas actions with respect to any species that is currently only found on DOD lands, outside the geographical area occupied is proposed or listed as endangered or and since the DOD is cooperating with by a species at the time it is listed, upon threatened and with respect to its the Service in protecting this species, a determination that such areas are critical habitat, if any is being there do not appear to be any current essential for the conservation of the designated. Regulations implementing military activities that would likely be species. ‘‘Conservation’’ means the use this interagency cooperation provision a violation of section 9. of all methods and procedures needed of the Act are codified at 50 CFR part Taking the species for butterfly to bring the species to the point at 402. Section 7(a)(2) requires Federal collections or for sale, such as has been which listing under the Act is no longer agencies to ensure that activities they done in the past, is prohibited. necessary. authorize, fund, or carry out are not Possession of specimens legally Section 4(a)(3) of the Act requires likely to jeopardize the continued acquired would not be a violation. The that, to the maximum extent prudent existence of a listed species or to Service is not aware of any otherwise and determinable, the Secretary destroy or adversely modify its critical lawful activities being conducted or designate critical habitat at the time a habitat. If a Federal action may affect a proposed by the public that will be species is determined to be endangered listed species or its critical habitat, the affected by this listing and result in a or threatened. The Service finds that responsible Federal agency must enter violation of section 9. Questions Federal Register / Vol. 60, No. 17 / Thursday, January 26, 1995 / Rules and Regulations 5267 regarding whether specific activities was published in the Federal Register Author will constitute a violation of section 9 on October 25, 1983 (48 FR 49244). should be directed to the Field The primary author of this final rule References Cited Supervisor of the Service’s Asheville is Ms. Nora Murdock (see ADDRESSES Office (see ADDRESSES section). Hall, S. 1993. A rangewide status survey of section) (704/665–1195, Ext. 231). Permits may be issued to carry out Saint Francis’s satyr Neonympha mitchellii francisci (: List of Subjects in 50 CFR Part 17 otherwise prohibited activities Nymphalidae). Report to U.S. Fish and involving endangered wildlife species Wildlife Service, Endangered Species Endangered and threatened species, under certain circumstances. Field Office, Asheville, NC. 44 pp. Exports, Imports, Reporting and Regulations governing permits are McAlpine, W., S. Hubble, and T. Pliske. recordkeeping requirements, and codified at 50 CFR 17.22 and 17.23. 1960. The distribution, habits, and life Transportation. Such permits are available for scientific history of Euptychia mitchellii purposes, to enhance the propagation or (Satyrinae). J. Lep. Soc. 14:209–225. Regulation Promulgation Opler, P., and V. Malikul. 1992. A field guide survival of the species, and/or for Accordingly, part 17, subchapter B of incidental take in connection with to eastern butterflies. Houghton Miflin Co., New York. chapter I, title 50 of the Code of Federal otherwise lawful activities. Requests for Parshall, D. K., and T. W. Kral. 1989. A new Regulations, is amended as set forth copies of the regulations regarding listed subspecies of Neonympha mitchellii below: wildlife and inquires about prohibitions (French) (Satyrinae) from North and permits should be addressed to the Carolina. J. Lep. Soc. 43:114–119. PART 17Ð[AMENDED] U.S. Fish and Wildlife Service, Regional Refsnider, R. 1991. Emergency rule to list the Permit Coordinator, 1875 Century Mitchell’s satyr as endangered. Federal (1) The authority citation for part 17 Register 56(122):28825. Boulevard, Suite 200, Atlanta, Georgia continues to read as follows: 30345 (404/697–7110, facsimile 404/ Schweitzer, D. 1989. A review of category 2 679–7081). insects in the U.S. Fish and Wildlife Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Service’s Regions 3, 4, and 5. Report to 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– National Environmental Policy Act the U.S. Fish and Wildlife Service, 625, 100 Stat. 3500; unless otherwise noted. Newton Corner, MA. Pp. 132–133. The Fish and Wildlife Service has Wilsman, L., and D. Schweitzer. 1991. A (2) Section 17.11(h) is amended by determined that Environmental rangewide status survey of Mitchell’s adding the following, in alphabetical satyr, Neonympha mitchellii mitchellii Assessments and Environmental Impact order under ‘‘Insects,’’ to the List of Statements, as defined under the (Lepidoptera: Nymphalidae). Report to Endangered and Threatened Wildlife to authority of the National Environmental the U.S. Fish and Wildlife Service, read as follows: Policy Act of 1969, need not be Region 3, Endangered Species Office, Twin Cities, MN. prepared in connection with regulations Woodward, D., and R. Hazel. 1991. Beavers § 17.11 Endangered and threatened adopted pursuant to section 4(a) of the in North Carolina; ecology, utilization, wildlife. Endangered Species Act of 1973, as and management. Cooperative Extension * * * * * amended. A notice outlining the Service Publication No. AG–434, North Service’s reasons for this determination Carolina State University, Raleigh, NC. (h) * * *

Species Vertebrate popu- lation where en- Critical Special Historic range dangered or threat- Status When listed habitat rules Common name Scientific name ened

******* INSECTS

******* Butterfly, Saint Neonympha U.S.A. (NC) ...... NA ...... E 539E, 574 NA NA Francis' satyr. mitchellii francisci.

*******

Dated: December 21, 1994. 50 CFR Part 17 hineana) to be an endangered species Mollie H. Beattie, pursuant to the Endangered Species Act RIN 1018±AC09 Director, Fish and Wildlife Service. (Act) of 1973, as amended. Historically, this dragonfly was reported from sites in [FR Doc. 95–1982 Filed 1–25–95; 8:45 am] Endangered and Threatened Wildlife Indiana and Ohio. Recent reports BILLING CODE 4310±55±P and Plants; Determination of indicate that it is currently present at Endangered Status for the Hine's only seven small sites within Cook, Emerald Dragonfly (Somatochlora DuPage, and Will Counties in Illinois, hineana) and at six sites in Door County, AGENCY: Fish and Wildlife Service, Wisconsin. This species is threatened Interior Department. primarily by habitat loss and ACTION: Final rule. modification. This rule implements the Federal protection provisions afforded SUMMARY: The U.S. Fish and Wildlife by the Act to the Hine’s emerald Service (Service) determines the Hine’s dragonfly. emerald dragonfly (Somatochlora EFFECTIVE DATE: January 26, 1995.