Federal Register / Vol. 49. No. 171 / Friday, August 3~1984 / Rules and Regulations 34501

50 CFR Part 17 Schaus swallowtail the protection of Long Key, Monroe County. Most of the endangered status. Neither species records are from . The best Endangered and Threatened Wildlife remains eligible for a special rule at 50 available evidence indicates that this and Plants; Final FiuisTo Deregulate CFR 17.47 that permits non-commercial species is not a permanent resident of the Bahama Swallowtail and take of adults, so that special rule is the U.S., nor is it subspecifically distinct To Reclassify the Schaus Swallowtail deleted. from the resident Herach’des ondraemon Butterfly From Threatened to EFFECTIVE DATE: The effective date of borzhotei population in the Bahamas. Endangered this rule is Octobeil, 1984. This species has occasionally ADDRESSES: The complete file for this reproduced in the U.S., but apparently AGENCY: Fish and Wildlife Service, rule is available for inspection, by soon dies out. The most recent known Interior. appointment, during normal business breeding in the U.S. was on Elliott Key hours (7:oO a.m.-&39 p.m.) at the in 1972 [U.S. Fish and Wildlife Service, ACTION: Final rule. Service’s Endangered Species Field 1982). SUMMARY: The Service make a final Station, U.S. Fish and Wildlife Service, The Schaus swallowtail originally determination to remove the Bahama 2747 Art Museum Drive, Jacksonville, occurred from the Miami area south (Herccfides 82297. through the Florida Keys as far as Lower [) andruemon bonnhotel; from the FOR FURTHER WiFORMATION CONTACT: Matecumbe Key. The last records from U.S. List of Endangered and Threatened Mr. David J. Wesley, Endangered Miami were in 19%. Presumably, urban Wildlife, and to reclassify the Schaus Species Field Supervisor, at the above development eliminated the habitat of swallowtail but!erfly (Heroclides address (904/791-2560 or FE 9462580). the species there. The last records for [PapSo] aristodemus poncemws) from SUPPLEMENTARY INFORMATION: Upper and Lower Matecumbe Keys threatened to endangered status. The were in the mid-‘t949’s. action is taken under the authority of the Backgmund The disappearance of the species from Endangered Species Act of 1973, as The Bahama (HerocIides’[PapiIio) these Keys apparently coincided with amended. Both species occur in Dade androemon bonhotel] and Schaus heavy collecting pressure, although and Monroe Counties, Florida, and were (Heraclides (Papilio) aristodemus collecting is not known to have caused listed as threatened species in 1976. A ponceanus) swallowtail are the decline. In the early 1979’s, the recent review of the status of each of representatives of tropical species butterfly was relatively abundant on these species indicates that the Bahama which reach their northern limits of north Key Large, but appears to be rare swallowtail is only a sporadic resident distribution in southern Florida. The there now. The known range of the of the Uni!ed States. It is not Bahama swallowtail was described by Schaus swaliowtail is now Elliott and subspecifica!ly distinct from the non- Sharpe in 1900. It has dark brown wings Old Rhodes Keys in Biscayne National threatened Bahaman pcpulation of this with a median yellow band and has two Park, Dade County, and north Key species and does not presently qualify pairs of tails on the hindwings. The Lnrgo, Monroe County (Loftus and for listing under the Endangered Species Schaus swallowtail was described by Kushlan, 1982; U.S. Fish and Wildiife Act, as amended. The Schaus Schaus in 191.1. Adults have blackish- Service, 1982). swailowtail has declined in numbers brown wings with broad rusty patches Both the Bahama and Schaus and range since the time of its listing. under the hindwings. Only one pair of swallow!ail butterflies are restricted to This action is consistent with a petition tails is present. The primary food of the tropical hardwood hammocks, which filed with the Service on March 9,1988. larval Schaus swallowtail is torchwood constitute the climax vegetation of by the Florida Game and Fresh Water (Anryris elemiferu), while the larval upland areas in the Florida Keys. Fish Commission, and also follows the Bahama swallowtail feeds on key lime Formerly, this vegetation type occurred recommendations of the approved ( ouront$o,?u) and various Ruta more widely in south Florida, but has Schaus swallowtail butterfly recovery and Xtrnthoxylum species. been largely eliminated on the plan. This rule removes the protection of The Bahama swallowtail has been mainland. The hammocks are closely the Endangered Species Act from the recorded from Miami and Elliott Key, related floristically to the West Indies, Bahama swa!lowtail, and affords the Dade County, and from Key Largo and and constitute the only tropical upland 34502 Federal Register / Vol. 49, No. 171 / Friday, August 31, 1984 / Rules and Regulations plant community found in the in danger of extinction throughkt all or Island in the Bahamas appeared to be continental U.S. The Florida Keys a significant portion of its range, the indistinguishable from those in the contain the largest remaining Act, as amended, requires that this Florida Keys. Bahaman populations of hammocks, but many-of the areas are species be removed from the List of Hem&ides aristodemus are presently highly subject to development pressures Endangered and Threatened Wildlife. ascribed to the subspecies driophilus. because of restrictions on development The Florida Game and Fresh Water Another commenter, a lepidopterist, also in the surrounding lowland (mangrove] Fish Commission recently carried out supported the proposal. He indicated areas. Local, State, and Federal laws research on the status of the Bahama that there was evidence that the Cuban presently limit development on these and Schaus swallowtail butterflies. The population of Heraclides ponceonus wetlands. The hammocks contain a studies were. funded in part with funds (presently ascribed to the subspecies large number of plant species rare to provided by the Service under Section 6 telmenes), might also be identical to the Florida, many of which are considered of the Endangered Species Act. The Florida populations of ponceonus but threatened or endangered by this State. results of this research were that there is not presently sufficient data The tropical hardwood hammock plant incorporated into a recovery plan for the to substantiate this. The Service community is considered to be one of Schaus swallowtail butterfly, including responds that, with respect to the the most restricted and vulnerable recommendations for the Bahama taxonomic status of Heraclides habitat tvoes in the U.S. swal!owtail [U.S. Fish and Wildlife oristodemus, the current scien!ific Both b;tterflies were proposed for Service, 1962). The plan recommended literature considers Heraclides listine as federallv threatened on Aoril that the Bahama swallowtail be aristodemusponceanus to be restricted 22.19v75(4oFR1i*757~.The prOp0sai was delisted, and that the Schaus to the Keys of Monroe and Dade made final on April 8.1976 (41 FR swallowtail be reclassified from Counties, Florida. If at any time 17736). The final regulation included a threatened to endangered, based on its revisionary work were to indicate that special rule at 50 CFR 17.47(a) decline in numbers and distribution. ponceanus shou!d be synonymized with exempting both species from some of the In a oetition dated Februarv 23.1983. one or more of the other subspecies of protective provisions available to and received March 9,1983, the Florida Heraclides aristodemus, the Service threatened species under SO CFR 17.31. Game and Fresh Water Fish would review the status of the Schaus Non-commercial take of adults was Commission requested that the Schaus swallowtail with respect to section 4(a) allowed, provided that other local, State, swallowtail be reclassified as an of the Endangered Species Act. If the and Federal regulations were complied endangered species. An administrative taxon were not in danger of extinction with. Chapter 39-27 of the Florida finding that the requested action might throughout all or a significant portion of Administrative Code, however, be warranted was made on May 9,1983. its range, or likely to become presently lists the Bahama and Schaus On August 29.1983, the Service endangered in the foreseeable future, it published in the Federal Register (40 FR would no longer qualify for the swallowtail butterflies as threatened, 39096) a proposal to de!ist the Bahama and prohibits take, possession, sale or protection of the Endangered Species transport of all life stages of these swel!owtail and to reclassify the Schaus Act. For example, if the butterfly were swallowtail butterfly from threatened to determined to be widespread and species, excep? by permit. The Federal endangered. Publication of this special rule is superseded by Florida abundant in and the Bahamas, proposed rule signified that the with no serious threat to its continued State legislation, because the special requested action was warranted, and rule allows take of adults only where constituted a required finding in existence on these islands, the Florida the take would be in compliance with all population would not be eligible for the accordance with section 4(b)(3)(B)(ii) of protection of the Act. other local, State, and Federal the Act as amended in “1982. regulations. Section S(f) of the Support fcr the proposals was also Endangered Species Act allows State S;lmmary of Comments and received from the Florida Natural Areas taking prohibitions to be more Rc-commendations Inventory, ihe National Park Service restrictive than those imposed by the In the August 29.1983, proposed rule (), the Act or its implementing regulations. (46 FR 39096) and associated International Union for Conservation of Section 4(c)(2) of the Endangered notifications, all interested parties were Nature and Natural Resources Species Act, as amended, requires that a requested to submit factual reports or (Conservation Monitoring Centre) and S-year review of the List of Endangered information wh:ch might contribute to two private citizens. and Threatened Wildlife be carried out the development of a final rule. Summary of Factors Affecting the to determine whether any species P,ppropriate State agencies, county Species should be removed from the list or governments, Federal agencies, changed in status. A s-year review scientific organizations, and other After a thorough review and notice for the Bahama and Schaus interested parties were contacted and consideration of all information swa!lowtail butterflies was published by requested to comment. Newspaper available, the Service has determined the Service in the February 27, 1981, notices were published in the Miami, that the Bahama swallowtail should be Federal Register (46 FR 14652). Florida, Her&d on September 25, 1983. removed from the U.S. List.of A! the time the Bahama swallowtail and ir, the Tavernier, Florida, Keynoter Endangered and Threatened Wildlife, was listed, the Endangered Species Act on September 22 Grid %9,1983; general and that the Schaus swallowtail allowed protection for distinct comment on the proposal was invited. butterfly shouid be reclassified from population segments of all types of Eight comments were received. threatened to endangered sta!us. wildlife. The 1978 Amendments to the Florida’s Department of Natural Procedures found at Section 4(a)(l) of Act restricted protection at the Resources (Division of Parks and the Endangered Species Act (16 U.S.C. population level to vertebrates. Since Recreation) and Department of 1531 et seq.) and regulations the U.S. populations of the Bahama Agriculture and Consumer Services promulgated to impiement the listing swallowtail are not subspecifically (DACS) supported the proposals. DACS provisions of the Act (codified at SO CFR distinct from the Bahaman populations, noted, however, that Hemclides Part 424: under revision to accommodate and since the subspecies bonhotei is not aristodemus specimens from Andros the 1982 Amendments to the Act-see Federal Register / Vol. 49, No. I7l/ Friday, August 3111984 / Rules and Regulations 34503 proposal at 48 FR 38082, August 8,1983) the Schaus swallowtail by giving butterfly. Section 4(b) of the Act were followed. A species may be increased priority to its recovery needs, requires publication of critical habitat determined to be an endangered or pursuant to section 4(g)(4) of the Act, as maps in the Federal Register. threatened species due to one or more of amended. Publication of critical habitat the five factors described in section E. Other natuml or manmade factors descriptions would make this species r(a)(l). These factors and their affecting its continued existence. The even more vulnerable to collecting and application to the Bahama swallowtail Bahaman segment of the Bahama other pressures and would increase butterfly [Heraclides andmemon swallowtail populations provides it with enforcement problems. Though taking bonhotel’j and Schaus swallowtail insurance against the risk of extinction. prohibitions exist, effective enforcement butterfly (Hemclides aristodemus The Schaus swallowtail could lose a is difficult, particularly outside Biscayne ponceanus) are as follows. significant portion of its remaining National Park. For these reasons, the A. The present or threatened populations from hurricanes or frost. recovery plan for the Schaus destruction, modification, or curtailment The range of this species has decreased swallowtail butterfly expressly ofits habitat or runge. The Bahama substantially in recent decades. The recommends that no publicity be given swallowtail occurs throughout the present restricted range could be greatly to the remaining colonies of this species. Bahama Islands. There is no information reduced or eliminated by a single Therefore, it would not be prudent to indicating any threat to the species hurricane. The Schaus swallowtail is determine critical habitat for the Schaus throughout its range. near the limits of its cold-tolerance in swallowtail butterfly at this time. Development for residential and south Florida, and a single severe freeze recreational purposes threatens to could also greatly reduce the population. Available Conservation Measures modify or eliminate tropical hardwood Insecticide application may have Conservation measures provided to forest hammocks on which the Schaus adverse affects on the Schaus species listed as endangered or swallowtail depends. Uplands in the swallowtail. The Monroe County threatened under the Endangered Florida Keys, though limited in area, are Contiol District applies Species Act include recognition, of much development interest due to the insecticides to control adult and larval recovery actions, requirements for many wetland (mangrove) areas that are mosquitoes. Both ground and aerial Federal protection, and prohibitions virtually impossible to develop. The applications are made. The large amount against certain practices. Recognition entire range of this butterfly is of insecticides applied annually in through listing encourages conservation vulnerable to modification or Monroe County (4-3 thousand gallons of actions by Federal, State, and private destruction from hurricanes. As the Dibrom and Baytex mixed with 50-60 agencies, groups, and individuals. The range of the species becomes thousand gallons of diesel fuel) could Endangered Species Act provides for increasingly limited and fragmented, the adversely affect the Schaus swallowtail possible land acquisition and likelihood of a single hurricane as well as other native to the cooperation with the States and requires destroying all or most of the remaining hardwood hammocks. that recovery actions be carried out for population increases. The Service has carefully assessed the all listed species. Such actions are B. Overutilization for commercial, best scientific information available initiated by the Service following listing. recreational, scientific or educational regarding the past, present, and future The protection required of Federal purposes. Both the Bahama and Schaus threats faced by these species in agencies and the prohibitions against swallowtail butterflies are popular with determining to make this rule final. taking and harm are discussed, in part, collectors. Although a few individuals of Based on this evaluation, the preferred below. These conservation measures the Bahama swallowtail may action is to reclassify the Schaus occasionaliy be collected when this will nb longer apply to the Bahama swallowtail butterfly from threatened to swallowtail butterfly. species appears in Florida, there is no endangered status and to remove the information indicating that the species is Bahama swallowtail butterfly from the Section 7(a) of the Act, as amended, threatened by overutilization in the U.S. List of Endangered and Threatened requires Federal agencies to evaluate Bahamas. Wildlife. The Schaus swallowtail has their actions with respect to any species At the lime of the listing of the Schaus declined since the time it was listed as that is proposed or listed as endangered swallow:4 as a threatened species, threatened; the Bahama swallowtail no or threatened. Regulations implementing some correspondents believed that longer biologically or legally qualifies this interagency cooperation provision collection of this species represented a for the protection of the Endangered of the Act are codified at 50 CFR Part threat. Since the species was listed, it Species Act. The reason for not 402 and are now under revision [see has decreased in range and numbers. designating critical habitat for the proposal at 48 FR 29990; June $1983). Collecting is now probably a greater Schaus swallowtail is discussed in the Section 7(a)(2) requires Federal agencies threat than at the time of listing. following section. A decision to take no to ensure that activities they authorize, C. Disease orpredation. Not action would leave both species in fund, or carry out are not likely to applicable. inappropriate status. Therefore, no jeopardize the continued existence of a D. The inadequacy of existing action would be contrary to the Act’s listed species. If a Federal action may regulatory mechanisms. This final rule intent. affect a listed species, the responsible removes the Bahama swallowtail Federal agency must enter into butterfly from the protection of the Critical Habitat consultation with the Service. Since the Endangered Species Act. Federal listing Section 4(a)(3) of the Endangered Schaus swallowtail is already protected as threatened and similar state listing Species Act, as amended, requires that by section 7 of the Act by its listing as a under Chapter 34-27.04 of the Florida to the maximum extent prudent and threatened species, reclassifying the Administrative Code both provide determinable, the Secretary designate species to endangered will not affect regulatory protections for the Schaus critical habitat at the time any species is this requirement. swallowtail butterfly, but its population determined to be endangered or The Act and its implementing has generally declined, even subsequent threatened. The Service finds that regulations found at 50 CFR 17.21 set to listing. Reclassification from designation of critical habitat is not forth a series of general prohibitions and threatened to endangered will benefit prudent for the Schaus swallowtail exceptions that apply to all endangered 34504 Federal Register 1 Vol. 49, No. 171 / Friday, August 31,1X&4 / Rules and Regulations wildlife. These prohibitions, in part, References Regulations Promulgation make it illegal for any person subject to Loftus, W.F.. and 1.A. Kushlan. 1962. The PART 17+AMENDED] the jurisdiction of the United States to status of the Schaus swallowtail and the take, import or export, ship in interstate Bahamaswallowtail butterflies in Biscayne Accordingly, Part 17, Subchapter B of commerce in the course of commercial National Park. National ParkService, Chapter I, Title 60 of the Code of activity, or sell or offer for sale in South Florida Research Center, Everglades Federal Regulations, is amended as set interstate or foreign commerce any National Park. Report M-649.18 pp. forth below: listed species. It also is illegal to U.S.Fish and Wildlife Service.1982. Schaus I. The authority citation for Part 17 possess, sell, deliver, carry, transport, or swallowtail butterfly recovery plan. U.S. reads as follows: ship any such wildlife that had been Fish and Wildlife Service,Atlanta, Georgia. Authority: Pub. L. 93-205.87 Stat. B&l:Pub. taken illegally. Certain exceptions apply 57 PP. L. 94-359.90 Stat. 911; Pub. L. 95-832.92 Stat. to agents of the Service and State Author 3751; Pub. L. 96-159.93 Stat. 1225: pub. L. 97- conservation agencies. 304.96 Stat. 1411(16 USC. 1531 et seq.). Permit5 my be issued to carry out The primary author of this final rule is 2. Amend Q 17.11(h) by changing the otherwise prohibited activities involving Dr. Michael M. Bentzien. U.S. Fish and status’of the Schaus swallowtail Wildlife Service, 2747 Art Museum endangered species under butterfly, under “INSECTS,” from certain circumstances. Regulations Drive, Jacksonville, Florida 32207 [904/ threatened to endangered; changing its 791-2580 or FTS 946-2580). Dr. George E. governing permit5 are at 60 CFR 17.22 scientific name, to reflect current usage, Drewry of the Service’s Washington and revising the “special rules” column, and 17.23. Such bermits are available for Office served as editor. scientific purposes, to enhance the as follows: List of Subjects in 50 CFR Part 17 propagation or survival of the species, 0 17.11 Endangered and threatened and/or for incidental take in connectidn Endangered and&reatened wildlife, wildlife. with otherwise lawful activities. In some Fish, Marine mammals, Plants l t t l l instances, permits may be issued during (agriculture]. (h) + l l a specified period of time to relieve undue economic hardship that would be suffered if such relief were not available. A special rule (50 CFR 17.47(a), pursuant to section 4(d) of the Act) ...... kwclsz ...... previously allowed non-commercial take Sultadly. .Scimua /.krac/idas (P&/d U.S.A. (FL) ...... NA ...... _...... E ...... 13,159 .._ NA ...... NA of both the Bahama and Schaus 0wallowtail. a- pcna?a”ua. swallowtail butterflies. These ...... exemptions applied, however, only if concordant with State and local regulations and ordinances. Florida State law presently prohibits collecting 3. Further amend 0 17.11(h) by these species except by permit, thus removing the Bahama Swallowtail overriding the special rule. butterfly [ bonhotei), This final rule removes all Federal under “INSECTS,” from the list of protection for the Bahama swallowtail, Endangered and Threatened Wildlife. and, by deleting the special rule for the 9 17.47 [Reserved] Schaus rwallowtail butterfly, brings existing Federal regulatory prohibitions 4. Section 17.47 is removed and into conformance with current State reserved. law. Few effects are anticipated from Dated: August 14,1984. this change: the Bahama swallowtail is G. Ray Aroett, an occasional migrant to the U.S. and Assistant Secretary for Fish and Wildlife and few specimens could be taken here. No Parks. additional effects are expected (FR Dot. 84-23157 Filed ~30-84; 64.5 aml regarding the Schaus swallowtail, BllJJNG CODE 4310-55-M because take is already prohibited by State law except under permit. National Environmental Policy Act The Fish and Wildlife Service has determined that an Environmental Assessment, as defined by the National Environmental Policy Act of 1969. need not be prepared in connection with regulations adopted pursuant to section 4(a) of the Endangered Species Act of 1973, as amended. A notice outlining the Service’s reasons for this determination was published in the Federal Register o October 25.1983 [48 FR 49244).