Vol. 79 Tuesday, No. 155 August 12, 2014
Part III
Department of the Interior
Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Endangered Status for the Florida Leafwing and Bartram’s Scrub-Hairstreak Butterflies; Final Rule
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DEPARTMENT OF THE INTERIOR amended (16 U.S.C. 1531 et seq.) (Act), We published proposed rules a species may warrant protection concurrently for both the proposed Fish and Wildlife Service through listing if we find that it is an listing of the Florida leafwing and endangered or threatened species Bartram’s scrub-hairstreak, as well as 50 CFR Part 17 throughout all or a significant portion of the proposed designation of critical [Docket No. FWS–R4–ES–2013–0084; its range. Listing a species as habitat for these two butterflies. 4500030113] endangered or threatened can only be Although the proposed rules were completed by issuing a rule. Elsewhere published in separate Federal Register RIN 1018–AZ08 in today’s Federal Register, we notices, we received combined designate critical habitat for the Florida comments from the public on both Endangered and Threatened Wildlife leafwing butterfly and the Bartram’s actions. However, in this final rule we and Plants; Endangered Status for the scrub-hairstreak butterfly under the Act. address only those comments that apply Florida Leafwing and Bartram’s Scrub- This rule will finalize the listing of the to the listing of the Florida leafwing and Hairstreak Butterflies Florida leafwing butterfly and the Bartram’s scrub-hairstreak. Comments AGENCY: Fish and Wildlife Service, Bartram’s scrub-hairstreak butterfly as on the proposed critical habitat are Interior. endangered species. addressed in the final critical habitat ACTION: Final rule. The basis for our action. Under the rule. All substantive information Act, the U.S. Fish and Wildlife Service provided during the comment period SUMMARY: We, the U.S. Fish and (Service) can determine that a species is has either been incorporated directly Wildlife Service, determine endangered an endangered or threatened species into this final determination or species status under the Endangered based on any of five factors: (A) The addressed below. Species Act of 1973, as amended, for the present or threatened destruction, Florida leafwing (Anaea troglodyta modification, or curtailment of its Peer Reviewer Comments floridalis) and Bartram’s scrub- habitat or range; (B) overutilization for In accordance with our peer review hairstreak (Strymon acis bartrami), two commercial, recreational, scientific, or policy published on July 1, 1994 (59 FR butterflies endemic to South Florida. educational purposes; (C) disease or 34270), we solicited expert opinions This final rule implements the predation; (D) the inadequacy of from eight knowledgeable individuals protections provided by the Act for existing regulatory mechanisms; or (E) with scientific expertise that included these species. This regulation will result other natural or manmade factors familiarity with at least one of the two in the addition of these species to the affecting its continued existence. We subspecies and its habitat, biological List of Endangered and Threatened have determined the Florida leafwing needs, and threats; the geographical Wildlife. and Bartram’s scrub-hairstreak region of South Florida in which these subspecies occur; and conservation DATES: This rule becomes effective butterflies meet the definition of an biology principles. We received September 11, 2014. endangered species based on all five factors. responses from seven of the peer ADDRESSES: This final rule is available Peer review and public comment. We reviewers we contacted. on the Internet at http:// sought comments from eight We reviewed all comments we www.regulations.gov and at http:// independent experts to ensure that our received from the peer reviewers for www.fws.gov/verobeach/. Comments action is based on scientifically sound substantive issues and new information and materials we received, as well as data, assumptions, and analyses. We regarding the proposed listing of the supporting documentation used in invited these peer reviewers to comment Florida leafwing and Bartram’s scrub- preparation of this rule, are available for on our listing proposal. We also hairstreak butterflies. The peer public inspection at http:// considered all other comments and reviewers generally concurred with our www.regulations.gov. All of the information received during the methods and conclusions, and provided comments, materials, and comment period. additional information, clarifications, documentation that we considered in and suggestions to improve the final this rulemaking are available by Previous Federal Actions listing rule. Peer reviewer comments are appointment, during normal business Please refer to the proposed listing addressed in the following summary hours, at U.S. Fish and Wildlife Service, rule for the Florida leafwing and and incorporated into this final rule as South Florida Ecological Services Bartram’s scrub-hairstreak butterflies appropriate. Office, 1339 20th Street, Vero Beach, FL (78 FR 49878; August 15, 2013) for a (1) Comment: One peer reviewer, as 32960; telephone 772–562–3909; detailed description of previous Federal well as two public commenters, facsimile 772–562–4288. actions concerning these species. indicated that developing appropriate FOR FURTHER INFORMATION CONTACT: monitoring schemes to understand Summary of Comments and Craig Aubrey, Field Supervisor, U.S. population biology, dynamics, dispersal Recommendations Fish and Wildlife Service, South Florida abilities and various environmental Ecological Services Office, 1339 20th In the proposed rule published on variables will be critical to advancing Street, Vero Beach, FL 32960, by August 15, 2013 (78 FR 49878), we recovery goals. telephone 772–562–3909, or by requested that all interested parties Our Response: We agree that more facsimile 772–562–4288. Persons who submit written comments on the rigorous information regarding use a telecommunications device for the proposal by October 15, 2013. We also population monitoring, ecological deaf (TDD) may call the Federal contacted appropriate Federal and State studies, and other ongoing or future Information Relay Service (FIRS) at agencies, scientific experts, and research and recovery efforts for the 800–877–8339. organizations, and other interested Florida leafwing and Bartram’s scrub- SUPPLEMENTARY INFORMATION: parties and invited them to comment on hairstreak are needed, and we have the proposal. Newspaper notices updated the Population Estimates and Executive Summary inviting general public comment were Status sections, below. Why we need to publish a rule. Under published in the Miami Herald and Key (2) Comment: Two peer reviewers the Endangered Species Act of 1973, as West Citizen. indicated the importance of disturbance
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regimes, such as fire, to achieving (6) Comment: One peer reviewer there is sound scientific information to conservation goals for these subspecies, indicated that pineland croton (Croton conclude that collection poses a threat and that active adaptive management linearis) has sometimes been referred to to these butterflies. should be implemented. by the common name of woolly croton. (12) Comment: One peer reviewer Our Response: We incorporated new In addition, C. linearis and C. cascarilla suggests that many specimens of the information regarding fire management are synonymous in the literature. Florida leafwing and Bartram’s scrub- plans, as well as ongoing and future Our Response: We incorporated this hairstreak offered for sale online may studies designed to measure the new information into the General come from older collections, as opposed influence of prescribed burns and other Biology section of the Florida leafwing. to poaching activities on conservation management actions (such as (7) Comment: One peer reviewer lands. mechanical clearing), into the Factor A indicated that the high level of Our Response: We appreciate the discussion, below. parasitism on immature Florida information provided and have (3) Comment: One peer reviewer leafwing is not something that can be incorporated it into the Factor C mentioned the importance of smaller controlled. As a result, recovery efforts discussion, below. parcels for conservation. The reviewer should focus on the adult stages. (13) Comment: Two peer reviewers also asked for clarification regarding the Our Response: We agree and have support the proposed listing of the amount of remaining pine rockland incorporated this new information into Florida leafwing and Bartram’s scrub- habitat. the Factor C discussion, below. hairstreak as endangered, but are Our Response: We agree that even (8) Comment: One peer reviewer skeptical as to what would be done to small parcels of extant pine rocklands provided a correction indicating that the recover them. These reviewers indicate have important conservation value to Florida leafwing had not been included recovery efforts have not been imperiled butterflies. One of the throughout the Determination section of successful for the endangered Schaus analyses we cite in this rule (Institute the proposed rule. swallowtail or Miami blue butterflies for Regional Conservation 2006) Our Response: We have incorporated and wonder what would be done pertained only to pineland croton the Florida leafwing throughout the differently for the proposed butterflies, occurrence on parcels greater than a Determination section of the final rule, if listed. single hectare. However, all extant pine below. Our Response: In accordance with rockland, with or without hostplant (9) Comment: One peer reviewer section 4(f)(1) of the Act, we are populations, were reviewed, both for the indicated that existing evidence required to develop and implement a proposed listing rule and the proposed supports the recognition of floridalis as recovery plan for any species listed as rule to designate critical habitat. The a subspecies of Anaea troglodyta and endangered or threatened under the Act reference to 1,780 hectares (ha) (4,400 referenced several articles in the unless ‘‘such a plan will not promote acres (ac)) of remaining pine rockland literature. the conservation of the species.’’ We habitat refers only to 375 parcels of Our Response: We appreciate the believe a recovery plan will promote the extant pine rockland within Miami- information provided and have conservation of these species and would Dade County, outside of Everglades incorporated it into the Taxonomy address many of the factors outlined in National Park (ENP). We have revised section for the Florida leafwing. the Summary of Factors Affecting the the information on extant pine rockland (10) Comment: One peer reviewer Species, below. habitat and known hostplant provided additional references in the (14) Comment: One peer reviewer distribution under the Habitat section, literature pertaining to life histories of suggested the phrase ‘‘Collection, which below. the Florida leafwing and Bartram’s is prohibited on conservation lands, (4) Comment: One peer reviewer scrub-hairstreak. This reviewer also could occur (e.g., ENP, National Key provided a link to research findings on provided additional references Deer Refuge [NKDR], State or County the potential impact of sea-level rise on pertaining to the historical ranges of the owned lands) without being detected, south Florida butterflies. butterflies. because these areas are all not actively Our Response: We incorporated this Our Response: We appreciate the patrolled . . .’’ could attract poachers to new information into the Factor A information provided and have these areas. discussion, below. incorporated it into the Life History and Our Response: We appreciate the (5) Comment: One peer reviewer Historical Ranges sections for the information provided, but feel the indicated that, based on the threat of Florida leafwing and Bartram’s scrub- language, as written, emphasizes the habitat loss from climate change, hairstreak. threat of collection and where development, and other factors, it may (11) Comment: One peer reviewer additional conservation actions may be be important to consider appropriate indicated that the rarity of the Florida warranted. habitat at the fringes of the subspecies’ leafwing and Bartram’s scrub-hairstreak (15) Comment: One peer reviewer historical ranges (Martin and Palm and difficulty in collecting the leafwing, indicates that, while he agrees that Beach Counties) in conservation in particular, makes it unlikely that mark-release-recapture techniques may planning. collecting could impact the population. be harmful to small lycaenids, it is Our Response: Although the Florida Our Response: We appreciate the important to emphasize the potential leafwing and Bartram’s hairstreak are information; however, based on the downsides of not using such a only known to have occurred small localized nature of extant Florida technique, namely possible recounting, sporadically outside of Monroe and leafwing and Bartram’s scrub-hairstreak etc. Miami-Dade Counties, Florida, future populations, any removal of individuals Our Response: We appreciate the recovery actions may include efforts at this time may have an adverse impact information provided and have within the more northern parts of their to those populations. Based on incorporated it into the Factor B historical ranges that retain hostplant information on collecting pressures, discussion, below. populations. We incorporated small population sizes, and limited law (16) Comment: One peer reviewer information regarding this potential enforcement targeting butterfly indicates that research on symbiosis recovery option into the Factor A collection, outlined in the proposed rule between lycaenids and ants for the discussion, below. and in our decision record, we believe Miami blue should be included for the
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immature stages of the Bartram’s scrub- incorporated it into the Life History the 16 non-State letters, 12 indicated hairstreak. discussion for the hairstreak, below. support of the proposed listing, but Our Response: Although a symbiotic (20) Comment: One peer reviewer otherwise did not provide specific relationship between Bartram’s scrub- indicated that an additional habitat, comments on the rule. Four of the hairstreak larvae and ants has not been hydric pine flatwoods, is often used comment letters provided substantive documented, we appreciate the during dispersal by the Florida leafwing comments regarding two general issues. information provided and have and Bartram’s scrub-hairstreak, when it We did not receive any requests for a incorporated it into the Factor C is adjacent or interspersed within pine public hearing. rocklands. discussion for the hairstreak, below. Issue 1: Mosquito Control (17) Comment: One peer reviewer Our Response: We appreciate the indicates that adult Bartram’s scrub- information provided and have (22) Comment: One commenter hairstreak have been observed within included a description of hydric pine questioned the inclusion of mosquito Zoo Miami in recent years and that it flatwoods in the Habitat section, below. control activities as a factor affecting the species and suggested that habitat loss should be mentioned within the Comments From States summary of known extant population. is the primary factor impacting the Section 4(b)(5)(A)(ii) of the Act Our Response: We appreciate the butterflies. The commenter also stated requires the Secretary, not less than 90 information provided and have that ‘‘it is reasonable and prudent to days before publication of a final listing incorporated it into the Current Range coordinate control measures to rule, to give actual notice of the rule to minimize risk in the remaining limited section of the Bartram’s scrub- the State agency in each State in which habitat areas’’ and that ‘‘protecting and hairstreak. the species is believed to occur, and preserving the species habitat through (18) Comment: One peer reviewer invite the comment of such agency on acquisition seems to be the most indicated that existing data do not the proposal. The two subspecies only reasonable means of preserving the support the necessity of indicating a occur in Florida, and we received species.’’ specified return interval for disturbance comment letters from two entities from Our Response: We agree that habitat (i.e., 3 to 5 years for fire) for Long Pine the State of Florida regarding the listing loss has been a major factor leading to Key. The commenter indicated that the proposal. The Florida Fish and Wildlife the current status of the Florida butterflies have been observed at Conservation Commission (FWC) found leafwing and Bartram’s scrub-hairstreak. varying densities within pine rocklands the document to be comprehensive, However, as discussed in Factor E— in Long Pine Key that have burned at with conclusions that are well- Other Natural or Manmade Factors intervals of up to 10 years. documented and justified, but otherwise Affecting Its Continued Existence, Our Response: We agree that, while did not provide substantive comments below, we believe mosquito control the literature (Florida Natural Areas requiring a response. The Florida activities are also a factor affecting these Inventory (FNAI) 2010a, p. 3) indicates Department of Agriculture and butterflies. We agree that protecting and a fire-return interval of approximately 3 Consumer Services (FDACS) neither preserving remaining habitat will be to 7 years is appropriate for maintaining supported nor opposed the proposed critical in the conservation and recovery the pine rockland ecosystem, there is listing, but indicated their intent to of the butterflies and that mosquito considerable variability in population work with the Service and other control efforts should be coordinated numbers of the Florida leafwing and stakeholders in protecting imperiled between the Service and mosquito Bartram’s scrub-hairstreak from year to species, as well as determining ways to control districts in areas where suitable year. Observations of the Florida mitigate potential risks of pesticide use or occupied habitats exist. leafwing and Bartram’s scrub-hairstreak and mosquito control toward imperiled (23) Comment: Three counties (Lee, within portions of Long Pine Key that species in Florida. Manatee, and Lake) and another have experienced fire or other (21) Comment: FDACS indicated that, commenter recommended that mosquito disturbance regimes at intervals of up to given the current mosquito control control activities not be included as a 10 years (Salvato and Salvato 2010a, p. district cooperation, any future factor affecting the species. The 91; 2010b, p. 154; Sadle 2013c, pers. considerations concerning research commenters state that this inclusion comm.) suggest further studies are addressing potential for and magnitude would lead to restrictions on mosquito required on the influence of these of impact of mosquito control practices control operations that would be factors on butterfly ecologies. We on imperiled butterflies, including the detrimental to public health and the appreciate the information provided and Florida leafwing and Bartram’s economy of south Florida. have incorporated it into the Factor A hairstreak, should continue to be Our Response: The use of broad discussion, below. discussed in this forum where mosquito spectrum insecticides in and around (19) Comment: One peer reviewer, as control districts can actively participate. Florida leafwing and Bartram’s scrub- well as one public comment, indicated Our Response: We agree and hairstreak habitat during mosquito that it may not be accurate to call appreciate the mosquito control control operations is a factor that must Bartram’s scrub-hairstreak a sedentary districts’ cooperation and willingness to be considered when assessing threats to butterfly. help support and direct research to the species. The Act requires us to base Our Response: We agree that, minimize potential pesticide impacts on our determination for listing a species although the Bartram’s scrub-hairstreak imperiled butterflies. ‘‘solely on the basis of the best scientific is often described as sedentary, the need and commercial data available’’ (section to evade natural disturbance (fires, Public Comments 4(b)(1)(A)). The Service has worked storms) and subsequently recolonize During the comment period for the proactively in the past with mosquito suggests that adult hairstreaks, perhaps proposed listing rule, we received a control districts within habitat of the as a function of age, sex, or density, are total of 18 comment letters regarding the endangered Schaus’ swallowtail (Papilio adapted for effective dispersal proposed listing: 2 from Florida State aristodemus ponceanus) (Hennessey et throughout the pine rockland and agencies (addressed above) and 16 from al. 1992, p. 715; Salvato 2001, p. 8) in associated ecosystems. We appreciate local governments, nongovernmental order to coordinate mosquito control the information provided and have organizations, and private citizens. Of activities in such a way that public
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health is adequately protected while supporting data to the contrary, the assessments in south Florida and has still promoting conservation and Service cannot assume insect exposure documented significant butterfly recovery of the species. As a result, we values are below a level of concern. populations in areas such as Miami and believe similar cooperation between the (26) Comment: Lee County states that Key West that receive mosquito control Service and mosquito control districts the Environmental Protection Agency applications. will occur in suitable or occupied (EPA) labels pesticides for uses that do Our Response: The Service is open to habitat of the Florida leafwing and not pose unacceptable risk to considering all potential aspects of the Bartram’s scrub-hairstreak. Under individuals and the environment and interaction between mosquito control public health emergency conditions, the that ‘‘the EPA has successfully assessed practices and the success of the Florida Service would not impose restrictions the risk for mosquito control practices leafwing and Bartram’s scrub-hairstreak. that would jeopardize the safety or well- since no connection between pesticide In-depth analysis, beyond anecdotal being of the public. residues and insect mortality outside of observations of various species, would (24) Comment: Lee County contends target zone is cited’’ by the Service. be required to support the assertion that that Salvato’s (2001) suggestion that Manatee County also states that the mosquito control practices are beneficial butterflies roosting in the canopy would EPA’s registration of aerial adulticides to any species of interest. be vulnerable to aerial mosquito control implies that the EPA has determined (29) Comment: Lake County states spray is incorrect, and that roosting that this practice does not harm that, if the two butterfly species of under leaves would actually provide butterfly populations. interest are imperiled because of protection to the butterflies. Lee and Our Response: The Service mosquito control practices, then all Manatee Counties also state that using acknowledges that more information is other nontarget organisms with similar caged, nontarget insects to examine needed to better quantify the drift, and habitat needs and behaviors would be in pesticide effects in the field following subsequent effects, of mosquito control jeopardy. The reviewer also states that application events is not realistic and chemicals outside of target zones. no impacts on butterfly populations has a high level of bias in favor of an Registration of a pesticide by the EPA have occurred in Lake County despite adverse effect. Specifically, Lee County does not imply that there are no more than 32 years of mosquito control mentions the work of Zhong et al. (2010) nontarget species potentially at risk activity. where larval and adult butterflies were from label-approved uses. When Our Response: The Service believes exposed without the ability to seek registering pesticides, the EPA does not that the individual life histories of the refuge after dark, while Manatee County conduct exhaustive testing on terrestrial butterfly species of interest, and their mentions the work of Bargar (2011) invertebrates. Honeybees are the only susceptibilities to pesticide impacts, where caged species were placed in species subject to acute toxicity testing. must be considered independently, and open field areas. The results of such testing using naled that the status of other nontarget Our Response: The Service agrees that and permethrin determined that both organisms cannot be used as a surrogate refugia, including vegetation, may help pesticides are highly toxic to honeybees during such consideration. The Service to ameliorate pesticide effects on some (EPA 2006a, p. 32; EPA 2006b, p. 81). is also not aware of any comprehensive field-exposed organisms. The extent to Impacts of pesticides on butterfly assessment on the population status of which such refugia may protect against species are not currently considered butterflies in Lake County, but would pesticide exposure is unknown. during EPA’s registration process. welcome such information. However, with no data to support the (27) Comment: Manatee County states (30) Comment: Lee County indicates assertion that vegetative refugia that the Service failed to report that that the Florida leafwing and Bartram’s prevents impacts to butterflies from naled application rates were higher than scrub-hairstreak butterflies continue to mosquito control application, the expected due to inaccurate GPS-guided exist in areas that meet their Service must rely on the best available flight patterns during the Zhong et al. environmental requirements, including data, which suggests that impacts to (2010) study, where a 73.9 percent those that have been sprayed for 40 butterflies are a possibility. survival rate of Miami blue butterfly years. (25) Comment: Lee County states that larvae was observed. The reviewer also Our Response: We agree that these the risk assessment presented in Hoang states that Zhong had conducted butterflies have retained populations in et al. (2011) inappropriately uses the previous research on the same topic that appropriate extant pine rockland habitat residue data from Pierce (2009). The showed no effects of aerial naled within Monroe and Miami-Dade, commenter contends that pesticide application on Miami blue butterfly including within areas actively treated residues quantified on surfaces in the larvae. with mosquito control pesticides. environment would not be equivalent to Our Response: The data cited from However, we present evidence under residues on cryptic insects and that Zhong et al. (2010, pp. 1967–1970) came the Factor E discussion, below, that Hoang et al. (2011) assigns risk without from a peer-reviewed journal article. No suggests pesticide application considering actual insect contact with mention was made in the journal article administered for mosquito control may pesticides in the field. of any GPS-related impacts on the also have a collateral influence on the Our Response: The Service considers results of the study; therefore, the ecologies of the Florida leafwing and the risk analysis presented in Hoang et Service has no such information to Bartram’s scrub-hairstreak. On the other al. (2011, pp. 997–1005) to be a report. The Service is also not aware of hand, at no point in the proposed or screening-level evaluation that any additional work by Zhong that final listing rules is the role of pesticide examined worst-case scenarios, examined naled impacts on the Miami application considered as the sole evidenced by the fact that the highest blue butterfly, but would welcome any contributor to the decline in quantified deposition values from Pierce such information. populations of these taxa, but merely (2009, pp. 1–20) were used to determine (28) Comment: Manatee County one potential factor. The purpose of the risk. Actual insect exposures may vary suggests that mosquito control spraying Summary of Factors Affecting the from the deposition observed on leaves may be beneficial to butterfly Species section indicates all known or and filter pads, but no relevant field- populations. The County references the suspected factors, biological or derived insect pesticide body load work of Marc Minno, a lepidopterist anthropogenic, and this does include analysis has been conducted. With no who has conducted butterfly population pesticide applications.
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Issue 2: Population Dynamics for populations of these butterflies (4) We added that it may be important (31) Comment: One commenter within their extant or recent historical to consider appropriate habitat at the indicates that pineland croton may not distributions will be a primary goal of fringes of the subspecies’ historical be the only larval hostplant used by the the recovery plan, when drafted. ranges. (5) We included the Florida leafwing Bartram’s scrub-hairstreak. The Summary of Changes From Proposed in the Determination section. commenter indicates other scrub- Rule (6) We included additional hairstreaks are generally known to use In the Background section, we made information regarding the potential a variety of larval hostplants, and that the following changes: provenance of butterfly specimens more field observation might reveal (1) We incorporated new information offered for sale online. additional hostplants for the Bartram’s regarding population monitoring, (7) We corrected the title of the scrub-hairstreak. ecological studies, and other ongoing or Imperiled Butterflies of Florida Our Response: Extensive field studies future research and recovery efforts for Workgroup. have been conducted on the Bartram’s the Florida leafwing and Bartram’s (8) We corrected the title of CERP to scrub-hairstreak over the past several scrub-hairstreak. read as the Comprehensive Everglades decades; to date this research has (2) We clarified our discussion on Restoration Plan. documented oviposition only on extant pine rockland habitat, including (9) We incorporated information to pineland croton. However, we agree that smaller parcels, and known hostplant emphasize the potential downsides of ongoing ecological studies may indicate distribution. not using mark-release-recapture the hairstreak occasionally uses other (3) We indicated throughout the techniques for butterfly monitoring. pine rockland plants for larval document that adult butterflies will also (10) We incorporated information on development. We appreciate the make use of hydric pine flatwood symbiosis between lycaenids and ants information provided and have vegetation when interspersed within the under the discussion of Bartram’s scrub- incorporated it into the General Biology pine rockland habitat. hairstreak predation. discussion for the hairstreak, below. (4) We included a full description of Background (32) Comment: Lee County indicates the hydric pine flatwoods forest Please refer to the proposed listing that the Florida leafwing shows annual community. mortality of up to 70 percent based on (5) We indicated that additional rule for the Florida leafwing and increased predation from exotic and studies are needed to understand Bartram’s scrub-hairstreak butterflies native predators or parasites. varying butterfly densities in response (78 FR 49878; August 15, 2013) for Our Response: There are a number of to pine rockland fire-return intervals. species information. The sections below factors which influence the populations (6) We included additional represent summaries of that of the Florida leafwing and Bartram’s information on the scientific and information, and incorporate additions scrub-hairstreak. However, the mortality common names of pineland croton. and edits based on peer review and mentioned by this reviewer is part of the (7) We included additional references public comments. Florida leafwing’s natural history. We that recognize floridalis as a subspecies Florida Leafwing have no evidence that natural mortality, of Anaea troglodyte. from predation or parasitism, of Florida (8) We included additional references General Biology leafwing populations within the Long on the life histories of the Florida The Florida leafwing butterfly is a Pine Key portion of ENP is any different leafwing and Bartram’s scrub-hairstreak. medium-sized butterfly approximately now than it was historically. (9) We included additional references 76 to 78 millimeters (mm) (2.75 to 3.00 (33) Comment: Lee County indicates on the historical ranges of the Florida inches (in)) in length with a forewing that lack of burning on public lands by leafwing and Bartram’s scrub-hairstreak. length of 34 to 38 mm (1.3 to 1.5 in) and the Service and its partners is correlated (10) We incorporated additional an appearance characteristic of its genus with the loss of habitat for the Florida information on the current range of the (Comstock 1961, p. 44; Pyle 1981, p. leafwing and Bartram’s scrub-hairstreak. Bartram’s scrub-hairstreak. 651; Opler and Krizek 1984, p. 172; In addition, these butterflies have (11) We included additional Minno and Emmel 1993, p. 153). The shown increased population numbers in information on larval hostplants used by upper-wing (or open wing) surface color response to an appropriate fire-return the Bartram’s scrub-hairstreak. is red to red-brown. The underside interval. (12) We included additional (closed wings) is gray to tan, with a Our Response: As discussed in the information regarding Bartram’s scrub- tapered outline, cryptically looking like previous comment, we agree that a hairstreak dispersal abilities. a dead leaf or the bark of South Florida number of factors influence the In the Summary of Factors Affecting slash pine trees (Pinus elliottii var. populations of the Florida leafwing and the Species section, we made the densa) when the butterfly is at rest. The Bartram’s scrub-hairstreak; this includes following changes: Florida leafwing exhibits sexual a lack of adequate fire management (1) We incorporated new information dimorphism (male and female are within the pine rocklands on regarding fire management plans, as different from each other), with females conservation lands. well as ongoing and future studies being slightly larger and with darker (34) Comment: Lee County indicates designed to measure the influence of coloring along the wing margins than that the Service desires to expand the prescribed burns and other management the males. present range of the Florida leafwing actions (such as mechanical clearing). The Florida leafwing has only one and Bartram’s scrub-hairstreak to (2) We included new information on known hostplant, the pineland croton elsewhere in their historical ranges. the potential impact of sea-level rise on (or woolly croton) (Croton linearis, Our Response: We have proposed the south Florida butterflies. formerly referred to as C. cascarilla) listing of the Florida leafwing and (3) We incorporated information (Euphorbiaceae). Bartram’s scrub-hairstreak as regarding potential recovery options endangered, as a first of many steps based on the threat of habitat loss from Taxonomy designed to recover these butterflies. climate change, development, and other The Florida leafwing butterfly (Anaea Implementing conservation measures factors. troglodyta floridalis) was first described
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by Johnson and Comstock in 1941. development. Eggs are spherical and Life History Anaea troglodyta floridalis is a taxon light cream-yellow in color (Worth et al. The Bartram’s scrub-hairstreak is considered to be both endemic to south 1996, p. 64). Females lay eggs singly on rarely encountered more than 5 m (16.4 Florida and clearly derived from both the upper and lower surface of the ft) from its host plant-pine rockland Antillean stock (the islands of the West host (croton plant) leaves, normally on interface (Schwartz 1987, p. 16; Worth Indies except for the Bahamas, developing racemes (flowers) (Baggett et al. 1996, p. 65; Salvato and Salvato separating the Caribbean Sea from the 1982, p. 78; Hennessey and Habeck 2008, p. 324). Worth et al. (1996, p. 63) Atlantic Ocean) (Comstock 1961, p. 45; 1991, p. 16; Worth et al. 1996, p. 64; and Salvato and Hennessey (2004, p. Brown and Heineman 1972, p. 124; Salvato 1999, p. 120, Minno et al. 2005, 223) indicate that the hairstreak may Minno and Emmel 1993, p. 153; Smith p. 115). Worth et al. (1996, p. 64) and have limited dispersal abilities. et al. 1994, p. 67; Salvato 1999, p. 117; Salvato (1999, p. 120) visually estimated However, while the hairstreak is often Hernandez 2004, p. 39; Pelham 2008, p. that females may fly more than 30 described as sedentary, the need to 393). Some authors (Comstock 1961, p. meters (m) (98 feet (ft)) in search of a evade natural disturbance (fires, storms) 44; Miller and Brown 1981, p. 164; suitable host plant. and subsequently recolonize suggests Smith et al. 1994, p. 67; Hernandez that adult hairstreaks—perhaps as a 2004, p. 39) placed the Florida leafwing Bartram’s Scrub-Hairstreak function of age, sex, or density—are as a distinct species, A. floridalis. General Biology adapted for effective dispersal Others (Brown and Heineman 1972, p. throughout the pine rockland and 124; Minno and Emmel 1993, p. 153; The Bartram’s scrub-hairstreak is a associated ecosystems. Eggs are laid Salvato 1999, p. 117; Opler and Warren small butterfly approximately 25 mm (1 singly on the flowering racemes of 2003, p. 40) considered the Florida pineland croton (Worth et al., 1996, p. leafwing as a subspecies of Anaea in) in length with a forewing length of 10.0 to 12.5 mm (0.4 to 0.5 in) and has 62; Salvato and Hennessey 2004, p. troglodyta Fabricius. Smith et al. (1994, 225). First and second instars remain p. 67) suggested that further comparison an appearance characteristic of the genus (i.e., dark gray-colored on the well camouflaged amongst the white between immature stages of the Florida croton flowers, while the greenish later leafwing and its Antillean relatives may upper (open) wings, light gray-colored under (closed) wings, small size, body stages occur more on the leaves. aid in determining whether or not the The Bartram’s scrub-hairstreak has shape, distinctive white barring or dots Florida leafwing is distinct at the been observed during every month on on underwings, and tailed hindwings) species or subspecies level. Calhoun Big Pine Key and in ENP; however, the (Pyle 1981, p. 480; Opler and Krizek (1997, p. 47), Opler and Warren (2003, exact number of broods appears to vary p. 40), Lamas (2004, p. 225) and Pelham 1984, pp. 107–108; Minno and Emmel sporadically from year to year (Salvato (2008, p. 393) considered Anaea 1993, p. 129). As with the Florida and Hennessey 2004, p. 226; Salvato troglodyta floridalis, not A. floridalis, as leafwing, pineland croton is the only and Salvato 2010b, p. 156). the scientific name for the Florida known hostplant for the Bartram’s leafwing. scrub-hairstreak (Minno and Emmel Florida Leafwing and Bartram’s Scrub- The Integrated Taxonomic 1993, p. 129; Smith et al. 1994, p. 118). Hairstreak Information System (ITIS) (2013, p. 1) However, other related scrub-hairstreak Habitat uses the name Anaea troglodyta species, such as the Martial scrub- The Florida leafwing and Bartram’s floridalis (F. Johnson and W. Comstock) hairstreak (Strymon martialis), while scrub-hairstreak occur only within pine and indicates that this subspecies’ having preference for bay cedar as a taxonomic standing is valid. The FNAI rocklands, specifically those that retain larval hostplant, have recently been their mutual and sole hostplant, (2012, p. 19) uses the name A. t. documented using nickerbean floridalis. pineland croton. Adult butterflies will (Caesalpinia spp.) in the Florida Keys also make use of rockland hammock and Life History (Daniels et al. 2005, pp. 174–175). hydric pine flatwood vegetation when Numerous authors have observed and Similarly, the mallow scrub-hairstreak interspersed within the pine rockland documented the behavior and natural (Strymon istapa) has also been shown to habitat. history of the Florida leafwing use a variety of host sources in southern Detailed descriptions of pine rockland (Matteson 1930, pp. 1–9; Lenczewski Florida. While the Bartram’s scrub- and rockland hammock habitats are 1980, p. 17; Pyle 1981, p. 651; Baggett hairstreak has been consistently presented in the proposed listing rule 1982, pp. 78–79; Opler and Krizek 1984, documented to use pineland croton, for the Florida leafwing and Bartram’s p. 172; Schwartz 1987, p. 22; Hennessey further natural history studies may scrub-hairstreak (78 FR 49882; August and Habeck 1991, pp. 13–17; Smith et indicate the subspecies’ use of 15, 2013). The hydric pine flatwoods al. 1994, p. 67; Worth et al. 1996, pp. additional pine rockland plants for community, interspersed within pine 4–6; Salvato 1999, pp. 116–122; Salvato larval development. rocklands, also supports Florida and Hennessey 2003, pp. 243–249; leafwing and Bartram’s scrub-hairstreak Salvato and Salvato 2008, pp. 323–329; Taxonomy within the Long Pine Key region of ENP 2010a, pp. 91–97). Adults are rapid, The Bartram’s scrub-hairstreak (Sadle 2013c, pers. comm.). We include wary fliers and have strong flight butterfly (Strymon acis bartrami) was a full description of the hydric pine abilities and are able to disperse over first described by Comstock and flatwoods forest community below. Hydric Pine Flatwoods—Hydric pine large areas. The Florida leafwing is Huntington in 1943. Seven subspecies flatwoods (Service 1999, pp. 231–238; multivoltine (i.e., produces multiple of Strymon acis have been described generations per year), with an entire life FNAI 2010b, pp. 1–2) are open pine (Smith et al. 1994, p. 118). cycle of about 2 to 3 months (Hennessey forests with a sparse or absent midstory and Habeck 1991, p. 17) and maintains The ITIS (2013, p. 1) uses the name and a dense groundcover of hydrophytic continuous broods throughout the year Strymon acis bartrami and indicates grasses, herbs, and low shrubs. The pine (Salvato 1999, p. 121). that this subspecies’ taxonomic standing canopy typically consists of South The immature stages of this butterfly is valid. FNAI (2012, p. 21) uses the Florida slash pine. Other pines may feed on pineland croton for larval name S. a. bartrami. include longleaf pine (P. palustris),
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pond pine (P. serotina), and loblolly (Grelen 1980), in order to allow the retains breeding populations on Big pine (P. taeda). The subcanopy, if pines to establish and shrubs to Pine Key, on Long Pine Key in ENP, and present, consists of scattered sweetbay proliferate. within a number of pine rockland (Magnolia virginiana), swamp bay fragments adjacent to ENP. Historical Ranges (Persea palustris), loblolly bay The current distribution and (Gordonia lasianthus), pond cypress The Florida leafwing and Bartram’s abundance of pineland croton across all (Taxodium ascendens), dahoon (Ilex scrub-hairstreak are endemic to south extant pine rockland fragments within cassine), titi (Cyrilla racemiflora), and/ Florida including the lower Florida Miami-Dade County is not known. or wax myrtle (Myrica cerifera). Shrubs Keys. The butterflies were locally However, a geographic information include large gallberry (Ilex coriacea), common within pine rockland habitat system analysis conducted by the fetterbush (Lyonia lucida), titi, black titi that once occurred within Miami-Dade Service using data collected by The (Cliftonia monophylla), sweet and Monroe Counties and were less Institute for Regional Conservation (IRC) pepperbush (Clethra alnifolia), red common and sporadic within croton- in 2004, indicated that 77 pine rockland chokeberry (Photinia pyrifolia), and bearing pinelands in Collier, Martin fragments (totaling 516 ha (370 ac)) in azaleas (Rhododendron canescens, R. (leafwing only), Palm Beach, and Miami-Dade County, contained viscosum). Saw palmetto (Serenoa Broward Counties (Skinner 1884, p. 180; pineland croton (IRC 2006, no page repens) and gallberry (I. glabra), species Slosson 1895, p. 134; Comstock and numbers). More recently, in 2012, the characteristic of mesic flatwoods sites, Huntington 1943, p. 65; Kimball 1965, Service funded Fairchild Tropical may be present. On calcareous sites, pp. 45–46; Baggett 1982, p. 78; Minno Botanic Gardens (FTBG) to conduct cabbage palm (Sabal palmetto) is and Emmel 1994, pp. 626–627; 1994b, extensive surveys of Miami-Dade pine common both in the subcanopy and pp. 649–651; Smith et al. 1994, p. 67; rockland fragments to determine current shrub layers. Herbs include wiregrass Salvato 1999, p. 117; Salvato and pineland croton abundance and (Aristida stricta var. beyrichiana), blue Hennessey 2003, p. 243; 2004, p. 223). distribution. Pineland croton maidencane (Amphicarpum Current Ranges populations were encountered at 11 of muhlenbergianum), and/or hydrophytic Populations of Florida leafwing and the 13 locations surveyed, the largest species such as toothache grass occurring at Navy Wells Pineland (Ctenium aromaticum), cutover muhly Bartram’s scrub-hairstreak have become increasingly localized as pine rockland Preserve and the Richmond Pine (Muhlenbergia expansa), coastalplain Rocklands, with each site retaining yellow-eyed grass (Xyris ambigua), habitat has been lost or altered through anthropogenic activity (Lenczewski more than 21,000 individual plants Carolina redroot (Lachnanthes (Maschinski et al. 2013, pp. 11–12). caroliana), beaksedges (Rhynchospora 1980, p. 43; Baggett 1982, p. 78; chapmanii, R. latifolia, R. compressa), Hennessey and Habeck 1991, p. 4; In the lower Florida Keys, Big Pine and pitcherplants (Sarracenia spp.), Schwarz et al. 1996, p. 59; Salvato and Key retains the largest undisturbed among others. Hydric pine flatwoods Hennessey 2003, p. 243; Salvato and tracts of pine rockland habitat (Zhang et occur in the ecotones between the drier Hennessey 2004, p. 223; Salvato and al. 2010, p. 15; Roberts 2012, pers. pine rocklands and rockland hammock Salvato 2010a, p. 91; 2010b, p. 154). comm.). At present, within the Florida habitats (FNAI 2010b, pp. 1–2). Destruction of pine rocklands for Keys, pineland croton is known to occur The relative density of shrubs and economic development has reduced this only on Big Pine Key. Although the herbs varies greatly in hydric pine habitat in Miami-Dade County, Bartram’s scrub-hairstreak is extant on flatwoods. Shrubs tend to dominate including ENP, to about 11 percent of its Big Pine Key, the Florida leafwing is where fire has been absent for a long natural extent, from approximately believed to be extirpated from Big Pine period or where cool-season fires 74,000 hectares (ha) (183,000 acres (ac)) Key since it has not been seen on the predominate; herbs are more common in to only 8,140 ha (20,100 ac) in 1996 island since 2006 (Minno and Minno locations that are frequently burned. (Kernan and Bradley 1996, p. 2). 2009, pp. v, 9; Salvato and Salvato Soils and hydrology also may influence Outside of ENP, only about 1 percent of 2010c, p. 139). relative density of shrubs and herbs. the Miami Rock Ridge pinelands have Population Estimates and Status Soils of shrubby hydric pine flatwoods escaped clearing, and much of what is are generally poorly to very poorly left is in small remnant fragments Florida Leafwing—Based on results of drained sands and include such series isolated from other natural areas all historical (Baggett 1982, p. 78; as Rutledge/Osier; these soils generally (Herndon 1998, p. 1). Several of these Schwartz 1987, p. 22; Hennessey and have a mucky texture in the uppermost fragments, particularly those adjacent to Habeck 1991, p. 17; Worth et al. 1996, horizon (FNAI 2010b, p. 2). ENP, such as Navy Wells and Richmond p. 62; Schwarz et al. 1996, p. 59) and The general historical fire-return Pine Rocklands (a mixture of publically recent surveys and natural history interval in pinelands across the and privately owned lands), maintain studies (Salvato 1999, p. 1; 2001, p. 8; southeastern U.S. coastal plain is localized populations of pineland 2003, p. 53; Salvato and Hennessey estimated to be every 1–3 years (FNAI croton as well as small or sporadic 2003, p. 243; Salvato and Salvato 2010a, 2010b, p. 3). This interval is frequent occurrences of Bartram’s scrub- p. 91), the Florida leafwing is extant in enough to maintain grassy hydric pine hairstreak (Salvato 1999, p. 123; Salvato ENP and, until recently, had occurred flatwoods and inhibit invasion by and Hennessey 2004, p. 223; Salvato on Big Pine Key and historically in shrubs (Drewa et al. 2002). Hydric pine and Salvato 2010b, p. 154; Salvato 2013, pineland fragments in mainland Miami- flatwoods that are naturally shrubbier pers. comm.; Maschinski et al. 2013, p. Dade County (Smith et al. 1994, p. 67; and dominated by slash pine may have 14; Cook 2013, pers. comm.). Salvato and Salvato 2010a, p. 91; 2010c, had longer fire-return intervals, or Breeding Florida leafwing p. 139). Results from all known perhaps a few periods of longer populations have not been documented historical surveys are provided in Table intervals, on the order of 5–7 years in pine rockland fragments adjacent to 1. More recent studies are discussed (Landers 1991), or up to 5–10 years ENP for the past 25 years. The hairstreak below.
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TABLE 1—SUMMARY OF HISTORICAL FLORIDA LEAFWING SURVEYS
* Size or density Population Ownership Years numbers of adult butterflies Source
National Key Deer Refuge—Big Federal— 1985–1986 34 observed or collected ...... Schwartz (1987, p. 25). Pine Key. USFWS. National Key Deer Refuge—Wat- Federal— 1988–1989 3.7 per ha (1.5 per acre) ...... Hennessey and Habeck (1991, pp. son Hammock. USFWS. 1–75). Everglades National Park—Long Federal—NPS .... 1988–1989 3.7 per ha (1.5 per acre) ...... Hennessey and Habeck (1991, pp. Pine Key. 1–75). Everglades National Park—Long Federal—NPS .... 1994–1995 22 observed...... Emmel et al. (1995, p. 14). Pine Key. National Key Deer Refuge—Big Federal— 1994–1995 19 observed...... Emmel et al. (1995, p. 14). Pine Key. USFWS. National Key Deer Refuge—Wat- Federal— 1997–1998 3.1 per ha (1.2 per acre) ...... Salvato (1999, p. 52). son Hammock. USFWS. Everglades National Park—Long Federal—NPS .... 1997–1998 2.4 per ha (1 per acre) ...... Salvato (1999, p. 52). Pine Key. * USFWS—U.S. Fish and Wildlife Service; NPS—National Park Service.
Ongoing surveys conducted by individuals or fewer, although numbers 119; Smith et al. 1994, p. 118; Emmel Salvato (2014, pers. comm.) from 2009 vary greatly depending upon season and et al. 1995, pp. 1–24; Worth et al. 1996, to 2013 have recorded an average other factors. However, Minno (2009, pp. 62–65; Schwarz et al. 1996, pp. 59– abundance of 2.7 adult Florida pers. comm.) estimated the extant 61) and recent (Salvato 1999, p. 1; 2001, leafwings per ha (1 per ac), in Long Pine leafwing population size at less than p. 8; 2003, p. 53; Salvato and Hennessey Key in ENP. In addition, surveys 100 at any given period. 2004, p. 223; Minno and Minno 2009, conducted by ENP staff from 2005 to Ongoing natural history studies of the p. 76; Salvato and Salvato 2010b, p. 154; present have encountered a total of leafwing by Salvato and Salvato (Salvato Anderson 2012a, pers. comm.; Land approximately 34 and 216 leafwing 2012, pers. comm.) and Sadle (2013d, 2012, pers. comm.) surveys and natural pers. comm.) designed to evaluate adults and larvae, respectively, history studies, there are extant throughout Long Pine Key (Land 2012, mortality factors amongst the butterfly’s Bartram’s scrub-hairstreak populations pers. comm.; Sadle 2013b, pers. comm.). immature stages have identified a suite No leafwings have been documented of predators, parasitoids, and pathogens in ENP and locally within pineland on Big Pine Key in the Florida Keys that may substantially influence annual fragments in mainland Miami-Dade since 2006 (Salvato and Salvato 2010c, variability. County, and on Big Pine Key in Monroe p. 139). On the mainland, Salvato (2012, Bartram’s Scrub-Hairstreak—Based County. Results from all known pers. comm.) has found that the extant on the results of historical (Baggett historical surveys are provided in Table leafwing population within ENP is 1982, p. 80; Schwartz 1987, p. 16; 2. More recent studies are discussed maintained at several hundred Hennessey and Habeck 1991, pp. 117– below.
TABLE 2—SUMMARY OF HISTORICAL BARTRAM’S SCRUB-HAIRSTREAK SURVEYS
Size or density numbers of adult Population Ownership * Years butterflies Source
National Key Deer Refuge—Big Federal— 1985–1986 ...... 20 observed or collected ...... Schwartz (1987, p. 16). Pine Key. USFWS. National Key Deer Refuge—Big Federal— 1988–1989 ...... 3.9 per ha (1.6 per ac) ...... Hennessey and Habeck (1991, Pine Key. USFWS. pp. 49–50). Everglades National Park—Long Federal—NPS ... 1988–1989 ...... 0.5 per ha (0.2 per ac) ...... Hennessey and Habeck (1991, Pine Key. pp. 49–50). Everglades National Park—Long Federal—NPS ... 1994–1995 ...... 7 observed ...... Emmel et al. (1995, p. 14). Pine Key. National Key Deer Refuge—Big Federal— 1994–1995 ...... 9 observed ...... Emmel et al. (1995, p. 14). Pine Key. USFWS. National Key Deer Refuge—Big Federal— 1997–1998 ...... 4.3 per ha (1.7 per ac) ...... Salvato (1999, p. 52). Pine Key. USFWS. Everglades National Park—Long Federal—NPS ... 1997–1998 ...... 0 per ha (0 per ac) ...... Salvato (1999, p. 60). Pine Key. * USFWS—U.S. Fish and Wildlife Service; NPS—National Park Service.
Ongoing surveys by Salvato and (0.3 per ac) in 2011, based on monthly Since early 2012, North Carolina State Salvato (unpublished data) indicate the (1999–2006) or quarterly (2007 to 2012) University personnel have collaborated average number of adult Bartram’s surveys. with the Service on techniques to scrub-hairstreaks recorded annually on Hairstreaks often occur at low improve detection probabilities, Big Pine Key has declined considerably, densities, fly erratically and are small, estimate abundances, and measure from a high of 19.3 per ha (7.7 per ac) making them inherently difficult to vegetation characteristics associated in 1999, to a low of less than 1 per ha monitor (Henry 2013, pers. comm.). with butterfly populations on the NKDR
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(Henry and Haddad 2013, p. 1). These ac)) (owned and managed by Miami- of the above threat factors, singly or in studies have documented a mean Dade County), and several parcels combination. Each of these factors is monthly count across sites ranging from within the Richmond Pine Rocklands, discussed below. 0.0 to 2.8 (with a standard error of ± including: Larry and Penny Thompson Factor A—The Present or Threatened 0.33) adult hairstreaks per ha (Anderson Memorial Park (109 ha (270 ac)), Zoo Destruction, Modification, or 2012a, pers. comm.). During 2013, using Miami Preserve (300 ha (740 ac)), Curtailment of Its Habitat or Range these survey techniques, NKDR Martinez Pineland Park (53 ha (132 ac)), documented a peak abundance of 159 and U.S. Coast Guard lands in Habitat Loss adults in the early summer months Homestead (29 ha (72 ac)) (Minno and (Anderson 2014, pers. comm.). Future Minno 2009, pp. 70–76; Possley 2010, The Florida leafwing and Bartram’s monitoring efforts on NKDR will pers. comm.). Adult butterflies have also scrub-hairstreak have experienced include counts in both currently and been observed within Zoo Miami (Cook substantial destruction, modification, historically occupied areas. 2013, pers. comm.). and curtailment of their habitat and Salvato and Salvato (2010b, p. 159) range (see Status Assessment section). and Salvato (2014, pers. comm.) have Summary of Factors Affecting the The pine rockland community of south encountered as many as 6.3 adult Species Florida, on which both butterflies and Bartram’s scrub-hairstreaks per ha (2.5 Section 4 of the Act (16 U.S.C. 1533), their hostplant depend, is critically per ac) annually from 1999 to 2013, and its implementing regulations at 50 imperiled globally (FNAI 2012, p. 27). based on monthly surveys in Long Pine CFR part 424, set forth the procedures Destruction of the pinelands for Key. Ongoing surveys conducted by for adding species to the Federal Lists economic development has reduced this ENP staff from 2005 to present have of Endangered and Threatened Wildlife habitat community by 90 percent on encountered a total of approximately 24 and Plants. Under section 4(a)(1) of the mainland south Florida (including and 30 hairstreak adults and larvae, Act, we may list a species based on any within ENP) (O’Brien 1998, p. 208). All respectively, throughout Long Pine Key of the following five factors: (A) The known mainland populations of the (Land 2012, pers. comm.; Sadle 2013b, present or threatened destruction, Florida leafwing and Bartram’s scrub- pers. comm.). modification, or curtailment of its hairstreak occur on publicly or privately Additional pine rockland fragments habitat or range; (B) overutilization for owned lands that are managed for within Miami-Dade County that are commercial, recreational, scientific, or conservation (Table 3). However, any known to maintain small, localized educational purposes; (C) disease or unknown extant populations of these populations of pineland croton and predation; (D) the inadequacy of butterflies or suitable habitat that may sporadic occurrences of Bartram’s scrub- existing regulatory mechanisms; or (E) occur on private land or hairstreak, based on limited survey other natural or manmade factors nonconservation public land, such as work, include: Navy Wells (120 ha (297 affecting its continued existence. Listing within the Richmond Pine Rocklands, acres)), Camp Owaissa Bauer (39 ha (99 actions may be warranted based on any are vulnerable to habitat loss.
TABLE 3—LAND OWNERSHIP OF EXTANT FLORIDA LEAFWING AND BARTRAM’S SCRUB-HAIRSTREAK POPULATIONS
Location Ownership Size
Bartram’s scrub-hairstreak
Big Pine Key ...... Public—Fish and Wildlife Service ...... 559 ha (1,382 ac). Public—Monroe County. Public—FDEP *, FWC *. Private. Everglades National Park—Long Pine Federal—National Park Service ...... 8,029 ha (19,840 ac). Key. Navy Wells Pineland Preserve ...... Public—Miami-Dade County ...... 120 ha (296 ac). Camp Owaissa Bauer ...... Public—Miami-Dade County ...... 40 ha (99 ac). Richmond Pine Rocklands ...... Public—Federal (U.S. Coast Guard) ...... 359 ha (889 acres).
Public—Miami-Dade County (Larry and Penny Thompson Me- morial Park, Martinez Pineland Park, Miami Metro Zoo Pre- serve). Private—University of Miami.
Florida Leafwing
Everglades National Park—Long Pine Federal—National Park Service ...... 8,029 ha (19,840 ac). Key. * FDEP—Florida Department of Environmental Protection; FWC—Florida Fish and Wildlife Conservation Commission.
Similarly, most of the ecosystems on Monroe County is expected to increase 1) (Zwick and Carr 2006, p. 14). the Florida Keys have been impacted by from 79,589 to more than 92,287 people However, during 2006, Monroe County humans, through widespread clearing of by 2060 (Zwick and Carr 2006, p. 21). implemented a Habitat Conservation habitat in the 19th century for farming, All vacant land in the Florida Keys is Plan (HCP) for Big Pine and No Name or building of homes and businesses; projected to be developed by then, Keys. Subsequently, development on extensive areas of pine rocklands have including lands currently inaccessible these islands has to meet the been lost (Hodges and Bradley 2006, p. for development, such as islands not requirements of the HCP with the 6). Overall, the human population in attached to the Overseas Highway (US resulting pace of development changed
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accordingly. Furthermore, in order to croton returned to the burned parts of from prescribed burns with population fulfill the HCP’s mitigation Long Pine Key within 1 to 3 months densities greater than those recorded in requirements, the County has been post-burn; however, it may take up to 6 any previous studies (Salvato and actively acquiring parcels of high- months before the leafwing will use the Salvato 2010b, p. 159), and this trend quality pine rockland, such as The new growth for oviposition (Lenczewski has continued subsequently (Land 2011, Nature Conservancy’s 20-acre Terrestris 1980, p. 35; Land 2009, pers. comm.; 2012a, pers. comm.; Salvato 2012, pers. Tract on Big Pine Key, and managing Salvato and Salvato 2010a, p. 95). Land comm.). them for conservation. However, land (2009, pers. comm.) indicated that 96 ENP is actively coordinating with the development pressure and habitat losses percent of pineland croton burned Service, as well as other members of the may resume when the HCP expires in during prescribed burns on Long Pine Imperiled Butterflies of Florida 2023. If the HCP is not renewed, Key had resprouted within a few Workgroup, to review and adjust the residential or commercial development months. Although Salvato and Salvato prescribed burn practices outlined in could increase to pre-HCP levels. (2010a, p. 96) occasionally encountered ENP’s Fire Management Plan (FMP) to Consequently, remaining suitable signs of leafwing reproduction within help maintain or increase Florida habitat for Bartram’s scrub-hairstreak recently burned Long Pine Key locations leafwing and Bartram’s scrub-hairstreak and potential habitat for the Florida at approximately 6 weeks post-burn, the population sizes, protect pine leafwing could be at significant risk to majority of their observations indicated rocklands, expand or restore remnant habitat loss and modification. Further that oviposition and larval activity patches of hostplants and ensure that losses will seriously affect the increased at about 3 to 6 months post- short-term negative effects from fire (i.e., hairstreak’s ability to persist in the wild burn. Similarly, Land (2009, pers. loss of hostplants, loss of eggs and and decrease the possibility of recovery comm.) reported finding leafwing larval larvae) can be avoided or minimized. or recolonization by the leafwing. activity on resprouting croton at 6 Revisions to the FMP are expected to be completed in early 2014, with Fire Management months post-burn. This finding suggests there may be some lag time between prescribed burn activities resuming at The threat of habitat destruction or hostplant resurgence and compatibility that time. modification is further exacerbated by a with recolonization. However, Outside of ENP, Miami-Dade County lack of adequate fire management observations of the Florida leafwing and has implemented various conservation (Salvato and Salvato 2010a, p. 91; Bartram’s scrub-hairstreak within measures, such as burning in a mosaic 2010b, p. 154; 2010c, p. 139). portions of Long Pine Key that have pattern and on a small scale, during Historically, lightning-induced fires experienced fire or other disturbance prescribed burns in order to protect the were a vital component in maintaining regimes at intervals of up to 10 years butterflies (Maguire 2010, pers. comm.). native vegetation within the pine Miami-Dade County Parks and (Salvato and Salvato 2010a; 2010b; rockland ecosystem, including pineland Recreation staff has burned several of Sadle 2013c, pers. comm.) suggest croton (Loope and Dunevitz 1981, p. 5; their conservation lands on a fire-return further studies are required on the Slocum et al. 2003, p. 93; Snyder et al. interval of approximately 3 to 7 years. influence of disturbance regime on 2005, p. 1; Salvato and Salvato 2010b, In addition, prescribed burns on large butterfly ecologies. p. 154). Resprouting after burns is the conservation areas, such as Navy Wells, primary mechanism allowing for the The influence of prescribed burns on have been conducted in a cyclic and persistence of perennial shrubs, the status and distribution of the systematic pattern, which has provided including pineland croton, in pine hairstreak and croton is being evaluated refugia within or adjacent to treatment habitat (Olson and Platt 1995, p. 101). by ENP throughout Long Pine Key. The areas. As a result, the Bartram’s scrub- Without fire, successional climax from effects of new burn techniques on the hairstreak has retained populations tropical pineland to hardwood Bartram’s scrub-hairstreak within Long within many of these County-managed hammock is rapid, and displacement of Pine Key were not immediately obvious conservation lands. native species by invasive nonnative (Salvato and Salvato 2010b, p. 159). The Recent natural or prescribed burn plants often occurs. hairstreak is rarely encountered more activity on Big Pine Key and adjacent Cyclic and alternating treatment of than 5 m (16.4 ft) from its hostplant islands within NKDR appears to be burn units may have benefited the (Schwartz 1987, p. 16; Worth et al. insufficient to prevent loss of pine Florida leafwing throughout Long Pine 1996, p. 65; Salvato and Salvato 2008, rockland habitat (Carlson et al. 1993, p. Key (Salvato and Salvato 2010a, pp. 91– p. 324). Although further studies may be 914; Bergh and Wisby 1996, pp. 1–2; 97). The leafwing, with its strong flight required to determine how the O’Brien 1998, p. 209; Snyder et al. 2005; abilities, can disperse to make use of hairstreak responds to natural Bradley and Saha 2009, pp. 28–29; Saha adjacent patches of hostplant and then disturbances, Salvato and Hennessey et al. 2011, pp. 169–184). As a result, quickly recolonize burned areas (2004, p. 224) and Salvato and Salvato many of the pine rocklands, across following hostplant resurgence (Salvato (2010b, p. 159) indicate that, if the NKDR are being compromised by 1999, p. 5; 2003, p. 53; Salvato and hairstreak is unable to disperse succession to hardwood hammock Salvato 2010a, p. 95). Salvato and adequately during fire events, then only (Bradley and Saha 2009, pp. 28–29; Salvato (2010a, p. 95) encountered adults at the periphery of burned areas Saha et al. 2011, pp. 169–184). Pineland similar adult leafwing densities pre- and are likely to escape to adjacent pine croton, which was historically post-burn throughout their 10-year rocklands. Ideally, as a result of cyclic documented from No Name and Little study within Long Pine Key, suggesting burns and multiyear treatment intervals, Pine Keys (Dickson 1955, p. 98; the leafwing can quickly recolonize pine the hairstreaks will move from the Hennessey and Habeck 1991, p. 4; rocklands following a fire. Surveys burned location to adjacent refugia (i.e., Carlson et al. 1993, p. 923), is now conducted shortly after burns often unburned areas of croton hostplant) and absent from these locations (Emmel et found adult leafwings actively exploring then back to the burned area in numbers al. 1995, p. 6; Salvato and Salvato the recently burned locations in search equal to or greater than before the fire. 2010c, p. 139). of new hostplant growth (Land 2009, Starting in the fall of 2004 and Fire management of pine rocklands in pers. comm.; Salvato and Salvato 2008, continuing into early 2006, the NKDR is hampered by the pattern of p. 326; 2010a, p. 95). In most instances hairstreak appeared to have benefited land ownership and development;
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residential and commercial properties sometimes up to three times per decade global average temperature since the are embedded within or in close historically (Albritton 2009, p. 123, mid-20th century cannot be explained proximity to pineland habitat (Snyder et Horn et.al., 2013, pp. 1–67, Harley 2012, by natural variability in climate, and is al. 2005, p. 2; Anderson 2012a, pers. pp. 1–246). Prescribed burn ‘‘very likely’’ (defined by the IPCC as 90 comm.). As a result, hand or mechanical implementation in the lower Keys has percent or higher probability) due to the vegetation management may be been hampered largely due to a shortage observed increase in greenhouse gas necessary at select locations on Big Pine of resources, technical challenges, and (GHG) concentrations in the atmosphere Key (Emmel et al. 1995, p. 11; Minno expense of conducting prescribed burns as a result of human activities, 2009, pers. comm.; Service 2010, in a matrix of public and private particularly carbon dioxide emissions pp. 1–68) to maintain or restore pine ownership. However, NKDR is taking from use of fossil fuels (IPCC 2007a, rocklands. Clearing, such as that used to steps to monitor croton before and after pp. 5–6 and figures SPM.3 and SPM.4; create firebreaks, can result in high fire, provide refugia during treatments, Solomon et al. 2007, pp. 21–35). Further croton densities. Anderson et al. (2012, and ensure that appropriate corridors confirmation of the role of GHGs comes page numbers not applicable) showed are maintained during burns (Anderson from analyses by Huber and Knutti that croton densities were significantly 2010, pers. comm.). Given the (2011, p. 4), who concluded it is higher in a fire break with annual difficulties in prescribed burn extremely likely that approximately 75 mechanical treatments than adjacent implementation on Big Pine Key, other percent of global warming since 1950 areas with no management. However, options have been explored to increase has been caused by human activities. even within fire breaks, hostplant the amount of available hostplant for Scientists use a variety of climate density across NKDR has declined extant Bartram’s scrub-hairstreak models, which include consideration of considerably in some areas over the past populations, as well as to restore natural processes and variability, as decade. Salvato and Salvato formerly occupied Florida leafwing well as various scenarios of potential (unpublished data) have noted as much habitat on Big Pine Key. For example, levels and timing of GHG emissions, to as a 100 percent loss of pineland croton NKDR currently is growing pineland evaluate the causes of changes already from several of their long-term survey croton for use in habitat enhancement observed and to project future changes transects, which occur within both activities across the Refuge (more than in temperature and other climate firebreaks and forested pine rocklands. a thousand have been planted to date) conditions (e.g., Meehl et al. 2007, These losses are believed to be due to (Anderson 2012b, pers. comm.). entire; Ganguly et al. 2009, pp. 11555, a combination of mowing activity, 15558; Prinn et al. 2011, pp. 527, 529). Climate Change and Sea Level Rise All combinations of models and habitat modification, and a lack of Related to Habitat Loss and Alteration adequate fire management. Ongoing and emissions scenarios yield very similar Climatic changes, including sea level future studies on NKDR will be projections of increases in the most rise, are major threats to south Florida, designed to measure the influence of common measure of climate change, and to the Florida leafwing and prescribed burns and other management average global surface temperature Bartram’s scrub-hairstreak. Our analyses actions, such as mechanical clearing. (commonly known as global warming), under the Act include consideration of Mechanical treatments may be less until about 2030. Although projections ongoing and projected changes in beneficial than fire because they do not of the magnitude and rate of warming climate. The terms ‘‘climate’’ and quickly convert debris to nutrients, and differ after about 2030, the overall ‘‘climate change’’ are defined by the trajectory of all the projections is one of remaining leaf litter may suppress Intergovernmental Panel on Climate increased global warming through the croton seedling development; fire has Change (IPCC). The term ‘‘climate’’ end of this century, even for the also been found to stimulate seedling refers to the mean and variability of projections based on scenarios that germination (Anderson 2010, pers. different types of weather conditions assume that GHG emissions will comm.). Because mechanical treatments over time, with 30 years being a typical stabilize or decline. Thus, there is strong may not provide the same ecological period for such measurements, although scientific support for projections that benefits as fire, NKDR continues to shorter or longer periods also may be warming will continue through the 21st focus efforts on conducting prescribed used (IPCC 2007a, p. 78). The term century, and that the magnitude and burns where possible (Anderson 2012a, ‘‘climate change’’ thus refers to a change rate of change will be influenced pers. comm.). Additional proposed in the mean or variability of one or more substantially by the extent of GHG experimental techniques that will be measures of climate (e.g., temperature or emissions (IPCC 2007a, pp. 44–45; designed to simulate disturbance precipitation) that persists for an Meehl et al. 2007, pp. 760–764 and 797– include complete vegetation removal (or extended period, typically decades or 811; Ganguly et al. 2009, pp. 15555– scarping), fertilization (simulating the longer, whether the change is due to 15558; Prinn et al. 2011, pp. 527, 529). release of nutrients after fire), or other natural variability, human activity, or See IPCC (2007b, p. 8), for a summary treatments that mimic fire influence both (IPCC 2007a, p. 78). of other global projections of climate- (Haddad 2013, pers. comm., Anderson Scientific measurements spanning related changes, such as frequency of 2014, pers. comm.). several decades demonstrate that heat waves and changes in The NKDR is attempting to increase changes in climate are occurring, and precipitation. Also see IPCC 2011 the density of hostplants within their that the rate of change has been faster (entire) for a summary of observations pine rockland habitat through the use of since the 1950s. Examples include and projections of extreme climate prescribed burns. However, the majority warming of the global climate system, events. of pine rocklands within NKDR are and substantial increases in Various changes in climate may have several years departed from the ideal precipitation in some regions of the direct or indirect effects on species. fire-return interval (5–7 years) suggested world and decreases in other regions. These effects may be positive, neutral, for this ecosystem (Synder et al. 2005, For these and other examples, see IPCC or negative, and they may change over p. 2, Saha et al. 2011, pp. 169–184). Tree 2007a, p. 30; and Solomon et al. 2007, time, depending on the species and ring and sediment data show that pine pp. 35–54, 82–85. Results of scientific other relevant considerations, such as rocklands in the lower Keys have analyses presented by the IPCC show interactions of climate with other burned at least every 5 years and that most of the observed increase in variables (e.g., habitat fragmentation)
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(IPCC 2007, pp. 8–14, 18–19). (MIT) modeled several scenarios response to sea level rise. Patterns of Identifying likely effects often involves combining various levels of sea level human development will also likely be aspects of climate change vulnerability rise, temperature change, and significant factors influencing whether analysis. Vulnerability refers to the precipitation differences with natural communities can move and degree to which a species (or system) is population, policy assumptions, and persist (IPCC 2008, p. 57; CCSP 2008, p. susceptible to, and unable to cope with, conservation funding changes. All of the 7–6). adverse effects of climate change, scenarios, from small climate change Drier conditions and increased including climate variability and shifts to major changes, indicate variability in precipitation associated extremes. Vulnerability is a function of significant effects on the Florida Keys. with climate change are expected to the type, magnitude, and rate of climate The Nature Conservancy (TNC) hamper successful regeneration of change and variation to which a species modeled several scenarios for the forests and cause shifts in vegetation is exposed, its sensitivity, and its Florida Keys, and predicted that sea types through time (Wear and Greis adaptive capacity (IPCC 2007a, p. 89; level rise will first result in the 2011, p. 58). Climate changes are see also Glick et al. 2011, pp. 19–22). conversion of habitat, and eventually forecasted to extend fire seasons and the There is no single method for the complete inundation of habitat. In frequency of large fire events throughout conducting such analyses that applies to the best-case scenario, by the year 2100, the Coastal Plain (Wear and Greis 2011, all situations (Glick et al. 2011, p. 3). We a rise of 18 cm (7 in) would result in the p. 65). Increases in the scale, frequency, use our expert judgment and inundation of 745 ha (1,840 ac) (34 or severity of wildfires could also have appropriate analytical approaches to percent) of Big Pine Key and the loss of severe ramifications on the Florida weigh relevant information, including 11 percent of the island’s upland habitat leafwing and Bartram’s scrub-hairstreak, uncertainty, in our consideration of (TNC 2010, p. 1). In the worst-case considering their dependence on pine various aspects of climate change. scenario, a rise of 140 cm (4.6 ft) would rocklands and general vulnerability due Global climate projections are result in the inundation of about 2,409 to their reduced population size, informative, and, in some cases, the ha (5,950 ac) (96 percent) and the loss restricted range, few colonies, low only or the best scientific information of all upland habitat on the Key (TNC fecundity, and relative isolation (see available for us to use. However, 2010, p. 1). Extant populations of Factor E). projected changes in climate and related Bartram’s scrub-hairstreak in the pine The ranges of recent projections of impacts can vary substantially across rocklands on Big Pine Key are located global sea level rise (Pfeffer et al. 2008, and within different regions of the just slightly above mean sea level, and p. 1340; Vermeer and Rahmstorf 2009, world (e.g., IPCC 2007a, pp. 8–12). saturation or increase in salinity of the p. 21530; Grinsted et al. 2010, pp. 469– Therefore, we use ‘‘downscaled’’ soil would correspondingly change the 470; Jevrejeva et al. 2010, Global projections when they are available and vegetation and habitat structure making Climate Change Impacts in the United have been developed through the butterfly’s survival at this location States 2009, pp. 25–26) all indicate appropriate scientific procedures, in the Keys very unlikely (Minno 2013, substantially higher levels than the because such projections provide higher page numbers not applicable). In projection by the IPCC in 2007, resolution information that is more addition, the Florida leafwing also suggesting that the impact of sea level relevant to spatial scales used for occurred on Big Pine Key until 2006, rise on south Florida could be even analyses of a given species (see Glick et within the same locations as extant greater than indicated above. These al. 2011, pp. 58–61, for a discussion of Bartram’s scrub-hairstreak populations. recent studies also show a much larger downscaling). Reestablishment of the Florida leafwing difference (approximately 0.9 to 1.2 m With regard to our analysis for the to this island will be a major component (3 to 4 ft)) from the low to the high ends Florida leafwing and Bartram’s scrub- in recovering the butterfly. The loss of of the ranges, which indicates that the hairstreak, downscaled projections this portion of the Florida leafwing’s magnitude of global mean sea level rise suggest that sea level rise is the largest range will further reduce their overall at the end of this century is still quite climate-driven challenge to low-lying resiliency to threats and limit their uncertain. coastal areas and refuges in the capacity for survival and recovery. subtropical ecoregion of southern Hydrology has a strong influence on Alternative Future Landscape Models Florida (U.S. Climate Change Science plant distribution in these and other Various model scenarios developed at Program (CCSP) 2008, pp. 5–31, 5–32). coastal areas (IPCC 2008, p. 57). Such MIT have projected possible trajectories The long-term record at Key West shows communities typically grade from salt to of future transformation of the south that sea level rose on average 0.224 brackish to freshwater species. From the Florida landscape by 2060 based upon centimeters (cm) (0.088 in) annually 1930s to 1950s, increased salinity of four main drivers: Climate change, shifts between 1913 and 2006 (National coastal waters contributed to the decline in planning approaches and regulations, Oceanographic and Atmospheric of cabbage palm forests in southwest human population change, and Administration (NOAA) 2008, p. 1). Florida (Williams et al. 1999, pp. 2056– variations in financial resources for This equates to approximately 22.3 cm 2059), expansion of mangroves into conservation (Vargas-Moreno and (8.76 in) over the last 100 years (NOAA adjacent marshes in the Everglades Flaxman 2010, pp. 1–6). The Service 2008, p. 1). IPCC (2008, p. 28) (Ross et al. 2000, pp. 9, 12–13), and loss used various MIT scenarios in emphasized it is very likely that the of pine rockland in the Keys (Ross et al. combination with extant and historical average rate of sea level rise during the 1994, pp. 144, 151–155). Furthermore, Florida leafwing and Bartram’s scrub- 21st century will exceed that rate, Ross et al. (2009, pp. 471–478) hairstreak occurrences and remaining although it was projected to have suggested that interactions between sea hostplant-bearing pine rocklands to substantial geographical variability. level rise and pulse disturbances (e.g., predict what may occur to the Other processes to be affected by storm surges) can cause vegetation to butterflies and their habitat. projected warming include change sooner than projected based on In the best-case scenario, which temperatures, rainfall (amount, seasonal sea level alone. Alexander (1953, pp. assumes low sea level rise, high timing, and distribution), and storms 133–138) attributed the demise of financial resources, proactive planning, (frequency and intensity). The pinelands on northern Key Largo to and only trending population growth, Massachusetts Institute of Technology salinization of the groundwater in analyses suggest that the Big Pine Key
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population of the Bartram’s scrub- hydrology associated with operation of for purposes of intra-Service hairstreak may be lost or greatly these CERP-related structures along the consultations and conferences where reduced. Based upon the above Everglades boundary will be conducted the Service’s actions on National assumptions, extant butterfly following the initial years of operation. Wildlife Refuges may affect candidate populations on Big Pine Key (Bartram’s However, Service and National Park species. Federal action agencies (e.g., scrub-hairstreak) and Long Pine Key Service (NPS) biologists realize the need the Service, NPS) are to consider the (Florida leafwing and Bartram’s scrub- to assess this potential threat. potential effects of their activities (e.g., hairstreak) appear to be most Conservation Efforts To Reduce the prescribed burning, pesticide susceptible for future losses, with losses Present or Threatened Destruction, treatments) to these butterflies and their attributed to increases in sea level and Modification, or Curtailment of Its habitat during the consultation and human population. In the worst-case Habitat or Range conference process. Applicants and scenario, which assumes high sea level action agencies are encouraged to rise, low financial resources, a ‘business The National Wildlife Refuge System consider candidate species when as usual’ approach to planning, and a Improvement Act of 1997 and the Fish seeking incidental take for other listed doubling of human population, the and Wildlife Service Manual (601 FW 3, species and when developing habitat habitat at Big Pine Key and Long Pine 602 FW 3) require maintaining conservation plans. However, candidate Key may be lost, with the loss of habitat biological integrity and diversity, species do not receive the same level of at Long Pine Key resulting in the comprehensive conservation planning protection that a listed species would complete extirpation of the Florida for each refuge, and set standards to under the Act. leafwing. Under the worst-case scenario, ensure that all uses of refuges are The NPS is also currently preparing a pine rockland habitat would remain compatible with their purposes and the revised General Management Plan within both Navy Wells and the Refuge System’s wildlife conservation (GMP) for ENP (Sadle 2013a, pers. Richmond Pine Rocklands, both of mission. The comprehensive comm.). ENP’s current Management which currently retain Bartram’s scrub- conservation plans (CCP) address Plan (initiated in 1979) serves to protect, hairstreak populations. Actual impacts conservation of fish, wildlife, and plant restore, and maintain natural and may be greater or less than anticipated resources and their related habitats, cultural resources at the ecosystem level based upon high variability of factors while providing opportunities for (NPS 2000, p. 10). The current GMP is involved (e.g., sea level rise, human compatible wildlife-dependent not regulatory, and its implementation population growth) and assumptions recreation uses. An overriding is not mandatory. In addition, this GMP made. consideration reflected in these plans is does not specifically address either the that fish and wildlife conservation has Everglades Restoration Florida leafwing or Bartram’s scrub- first priority in refuge management, and hairstreak. Projects designed to restore the that public use be allowed and Fairchild Tropical Botanic Gardens historical hydrology of the Everglades encouraged as long as it is compatible (FTBG), with the support of various and other natural systems in southern with, or does not detract from, the Federal, State, local, and nonprofit Florida (collectively known as the Refuge System mission and refuge organizations, has established the Comprehensive Everglades Restoration purpose(s). The CCP for the Lower ‘‘Connect to Protect Network.’’ The Plan (CERP)) may produce collateral Florida Keys National Wildlife Refuges objective of this program is to encourage impacts to extant pine rockland within (NKDR, Key West National Wildlife widespread participation of citizens to Long Pine Key. Salvato (2012, pers. Refuge, and Great White Heron National create corridors of healthy pine comm.) noted substantial flooding of Wildlife Refuge) provides a description rocklands by planting stepping-stone pine rocklands at the gate 11 nature trail of the environment and priority gardens and rights-of-way with native in Long Pine Key following Hurricane resource issues that were considered in pine rockland species, and restoring Isaac (August 2012) and subsequent developing the objectives and strategies isolated pine rockland fragments. By above-average rainfall in the region. that guide management over the next 15 doing this, FTBG hopes to increase the Although Long Pine Key has years. The CCP promotes the probability that pollinators can find and experienced storm damages in the enhancement of wildlife populations by transport seeds and pollen across recent past (Salvato and Salvato 2010a, maintaining and enhancing a diversity developed areas that separate pine p. 96), none of the prior activity and abundance of habitats for native rocklands fragments to improve gene produced the level (several feet) or plants and animals, especially imperiled flow between fragmented plant duration (more than 2 months) of species that are found only in the populations and increase the likelihood inundation noted in the aftermath of Florida Keys. The CCP also provides for that these species will persist over the Isaac. However, by mid-December 2012, obtaining baseline data and monitoring Salvato noted no apparent lasting indicator species to detect changes in long term. Although this project may influence on croton health or abundance ecosystem diversity and integrity related serve as a valuable component toward from the inundation. Sadle (2012, pers. to climate change. In the Lower Key the conservation of pine rockland comm.) suggests various CERP projects Refuges, CCP management objective 11 species, it is dependent on continual (C–111 spreader canal; L–31N seepage provides specifically for maintaining funding, as well as participation from barrier), specifically the operation of and restoring butterfly populations of private landowners, both of which may pumps and associated detention areas special conservation concern, including vary through time. along the ENP boundary, may influence the Bartram’s scrub-hairstreak and Factor B—Overutilization for select portions of eastern Long Pine Key, Florida leafwing butterflies. Commercial, Recreational, Scientific, or including pineland croton populations As Federal candidates, the Florida Educational Purposes at gate 11. However, Pace (2013, pers. leafwing and Bartram’s scrub-hairstreak comm.) attributed the pine rockland are afforded some protection through Collection flooding event of late 2012 more to sections 7 and 10 of the Act and Rare butterflies and moths are highly localized and above-average rainfall associated policies and guidelines. prized by collectors, and an patterns than to a change in water Service policy requires candidate international trade exists in specimens management practices. Analysis of the species be treated as proposed species for both live and decorative markets, as
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well as the specialist trade that supplies such collection could go undetected, researchers to monitor Florida leafwing hobbyists, collectors, and researchers despite the protection provided on and Bartram’s scrub-hairstreak (Collins and Morris 1985, pp. 155–179; Federal or other public lands. populations (Emmel et al. 1995, p. 4; Morris et al. 1991, pp. 332–334; We have direct evidence of interest in Salvato 1999, p. 24). This method has Williams 1996, pp. 30–37). The the collecting, as well as proposed received some criticism. While mark- specialist trade differs from both the live commercial sale, of the Florida leafwing recapture may be preferable to other and decorative market in that it and Bartram’s scrub-hairstreak. Salvato sampling estimates (e.g., count-based concentrates on rare and threatened (2011, pers. comm.) has also been transects) in obtaining demographic species (U.S. Department of Justice contacted by several individuals data when used in a proper design on (USDJ) 1993, pp. 1–3; United States v. requesting specimens of the Florida appropriate species, such techniques Skalski et al., Case No. CR9320137, U.S. leafwing, as well as information may also result in deleterious impacts to District Court for the Northern District regarding locations where both captured butterflies (Mallet et al. 1987, of California (USDC) 1993, pp. 1–86). In butterflies may be collected in the field. pp. 377–386; Murphy 1988, pp. 236– general, the rarer the species, the more Salvato (2012, pers. comm.) observed 239; Haddad et al. 2008, pp. 929–940). valuable it is; prices can exceed $25,000 several individuals collecting butterflies Although effects may vary depending for exceedingly rare specimens. For at Navy Wells during 2005, including upon taxon, technique, or other factors, example, during a 4-year investigation, times when Bartram’s scrub-hairstreak some studies suggest that marking may special agents of the Service’s Office of was present at this site. damage (wing damage) or kill butterflies Law Enforcement executed warrants We are also aware of multiple Web or alter their behaviors (Mallet et al. and seized more than 30,000 sites that offer or have offered 1987, pp. 377–386; Murphy 1988, pp. endangered and protected butterflies specimens of south Florida butterflies 236–239). Salvato (2012, pers. comm.) and beetles, with a total wholesale for sale that are candidates for listing ceased using mark-recapture shortly commercial market value of about under the Act (Minno 2009, pers. after initiating his long-term leafwing $90,000 in the United States (USDJ comm.; Nagano 2011, pers. comm.; Olle studies when he realized how much the 1995, pp. 1–4). In another case, special 2011, pers. comm.). Until recently, one tagging altered from the butterflies’ agents found at least 13 species Web site offered male and female cryptic (camouflage) underside as Ö protected under the Act, and another Florida leafwing specimens for 110.00 individuals alit (rested) on pineland Ö 130 species illegally taken from lands and 60.00 (euros), respectively foliage. Murphy (1988, p. 236) and administered by the Department of the (approximately $144 and $78). It is Mattoni et al. (2001, p. 198) indicated Interior and other State lands (USDC unclear from where the specimens that studies on various lycaenids (small 1993, pp. 1–86; Service 1995, pp. 1–2). originated or when they were collected, butterflies known as hairstreaks and but this butterfly is now mainly Law enforcement agents routinely see blues) have demonstrated mortality and restricted to ENP where collection is butterfly species protected under the altered behavior as a result of marking. prohibited. The same Web site currently Convention on International Trade in Conversely, other studies have found offers specimens of Bartram’s scrub- Endangered Species of Wild Fauna and that marking did not harm individual hairstreak for Ö10.00 ($13). It is unclear Flora (CITES) during port inspections in butterflies or populations (Gall 1984, from where these specimens originated Florida, often without import pp. 139–154; Orive and Baughman or when they were collected. The declarations or the required CITES 1989, p. 246; Haddad et al. 2008, p. hairstreak can be found on private lands permits (McKissick 2011, pers. comm.). 938). Cook (2013, pers. comm.) suggests on Big Pine Key and perhaps locally that marking individuals improves the In the past, when the Florida leafwing within Miami-Dade County. However, accuracy of population estimates by and Bartram’s scrub-hairstreak were given that the majority of known reducing sampling error from widespread on Big Pine Key and populations of both butterflies now recounting or extrapolation. Emmel et throughout southern Miami-Dade occur within protected Federal, State, al. (1995, p. 4) conducted mark- County, collecting likely exerted little and county lands, it is possible that recapture studies on the hairstreak and pressure on these butterfly populations. some specimens are being poached. noted no detrimental effects. In addition At present, even limited collection from Alternatively, Calhoun (2013, pers. several individuals were re-encountered the small, remaining populations could comm.) suggests that many specimens of (recaptured) during the days following have deleterious effects on reproductive the Florida leafwing and Bartram’s marking. However, researchers currently and genetic viability and thus could scrub-hairstreak offered from sale online studying the populations of the contribute to their eventual extinction or elsewhere may come from older endangered Miami blue in the Florida (see Factor E—Effects of Few, Small collections, as opposed to from Keys have opted not to use mark- Populations and Isolation, below). poaching activities on conservation release-recapture techniques due to the Collection, which is prohibited on lands. conservation lands, could occur (e.g., potential for damage to this small, ENP, NKDR, State or County owned Scientific Research fragile lycaenid (Haddad and Wilson lands) without being detected, because Some techniques (e.g., capture, 2011, p. 3). these areas are all not actively patrolled handling) used to understand or Factor C—Disease or Predation (see Factor D—The Inadequacy of monitor the leafwing and hairstreak Existing Regulatory Mechanisms, butterflies have the potential to cause Florida Leafwing below). Similarly, in some areas such as harm to individuals or habitat. Visual A number of predators have been on Big Pine Key, where numerous pine surveys, transect counts, and netting for documented to impact Florida leafwings rockland parcels within NKDR are identification purposes have been throughout their life cycle. One of the interspersed among residential areas, performed during scientific research earliest natural history accounts of the there is no signage indicating that and conservation efforts with the leafwing (Matteson 1930, p. 8) reported collection is prohibited (Salvato 2012, potential to disturb or injure individuals ants as predators of leafwing eggs in pers. comm.). Consequently, the or damage habitat. Mark-recapture, a Miami. On Big Pine Key, Hennessey and potential for collection of eggs, larvae, common method used to determine Habeck (1991, p. 17) encountered a pupae, and adult butterflies exists, and population size, has been used by some pupa of the Florida leafwing being
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consumed by ants. Land (2009, pers. leafwing larvae within ENP that had records for a larval parasitoid on this comm.) observed a native twig ant been parasitized by Chetogena butterfly. Tracking the fate of hairstreak (Pseudomyrmex pallidus) carrying a scutellaris (Diptera: Tachinidae). pupae is extremely difficult because young leafwing larva in Long Pine Key. Ongoing studies of leafwing larvae in they pupate in the ground litter (Worth Salvato and Salvato (2012, p. 3) Long Pine Key have indicated that C. et al. 1996, p. 63). Collection of other witnessed an older leafwing larva scutellaris serves as a consistent parasitized hairstreak larvae is needed repelling P. pallidus attacks while mortality factor to the butterfly in this to determine the influence of parasitism attempting to pupate. Minno (2009, part of its range (Salvato et al. 2009, p. on its early stages (Salvato and pers. comm.) noted that the larger 101; Salvato and Salvato 2010a, p. 95). Hennessey 2004, p. 225). Many nonnative graceful twig ant Current studies suggest that leafwing immature lycaenids, including those of (Pseudomyrmex gracilis) is also known mortality from the fly can vary the endangered Miami blue, to consume immature butterflies and considerably from year to year, thereby demonstrate a symbiotic relationship moths. Salvato and Salvato (2012, p. 3) also influencing overall population with ants (Saarinen and Daniels 2006, p. have observed a graceful twig ant numbers of the butterfly. In 2011, nearly 69; Trager and Daniels 2009, p. 474; attempting to capture a young leafwing all leafwing larvae observed to be Daniels 2013, pers. comm.), as a strategy larva. Cannon (2006, pp. 7–8) reported parasitized by C. scutellaris, died prior to ward off predation. However, no such high mortality of giant and Bahamian (P. to pupation. Conversely, in winter of symbiotic relationship between a. andraemon) swallowtail eggs from a 2012, three of four leafwing larvae Bartram’s scrub-hairstreak larvae and nonnative species of twig ant observed to be heavily parasitized by ants has been documented (Salvato (Pseudomyrmex spp.) on Big Pine Key, the fly were found to successfully 1999, p. 124). within habitat formerly occupied by the pupate and emerge (Salvato and Salvato Salvato and Salvato (2010d, p. 71) Florida leafwing. Both native and 2012, p. 3). observed erythraeid larval mite parasites nonnative Pseudomyrmex ants are Salvato et al. (2008, p. 237) observed on an adult Bartram’s scrub-hairstreak abundant within Long Pine Key and are a biting-midge, Forcipomyia in Long Pine Key. Although mite frequently encountered patrolling the (Microhelea) fuliginosa (Diptera: predation on butterflies is rarely fatal racemes of pineland croton. Forys et al. Ceratopogonidae), feeding on a young (Treat 1975, pp. 1–362), the role of (2001, p. 257) found high mortality Florida leafwing larva within ENP. parasitism by mites in the natural among immature giant swallowtails Ongoing studies of F. (M.) fuliginosa history of the hairstreak requires further (Papilio cresphontes) from imported red and a second biting midge F. (M.) study. Salvato and Salvato (2008, p. fire ant (Solenopsis invicta) predation in eriophora (Salvato et al. 2012a, p. 232) 324) have observed dragonflies experimental trials and suggested other indicate they consistently parasitize (Odonata) preying on adult hairstreaks. butterflies in southern Florida might leafwing larvae within Long Pine Key Crab spiders, orb weavers, ants, and a also be influenced. throughout their development. number of other predators discussed as Additional predators of immature Salvato and Salvato (2012, p. 1) and mortality factors for the leafwing have Florida leafwings include spiders Sadle (2013d, pers. comm.) have also been frequently observed on croton (Rutkowski 1971, p. 137; Glassberg et al. monitored Florida leafwing immature during hairstreak surveys and may also 2000, p. 99; Salvato and Salvato 2010e, development in the field for several prey on hairstreak adults and larvae p. 6; 2011, p. 103; 2012c, p. 3), ambush years at Long Pine Key. To date these (Salvato and Hennessey 2004, p. 225; bugs (Salvato and Salvato 2008, p. 324), studies have measured mortality rates of Salvato 2012, pers. comm.). NKDR and possibly mites (Salvato and Salvato more than 70 percent for immature biologists have witnessed nonnative 2010e, p. 6). Salvato and Salvato leafwing, individuals dying from Cuban anoles (Anolis equestris) (unpublished data) have examined the various parasites, predators, and other attempting to prey on adult Bartram’s bite marks on wings of numerous adults factors such as fungal pathogens scrub-hairstreaks (Anderson 2013, pers. in the field suggesting a variety of birds (Salvato and Salvato 2012, p. 1; Sadle comm.). Minno and Minno (2009, p. 72) and lizards are among the predators of 2013d, pers. comm.). The majority of also cite nonnative predators such as this butterfly. mortality noted thus far in these studies ants as a major threat to both butterflies. A number of parasites have been has occurred in the earliest, immature documented to impact Florida leafwings stages. Caldas (2013, pers. comm.) Factor D—The Inadequacy of Existing Regulatory Mechanisms throughout their life cycle. Hennessey suggests that, based on the high and Habeck (1991, p. 16) and Salvato mortality of immature leafwing, often Under this factor, we examine and Hennessey (2004, p. 247) noted that from natural factors such as parasitism, whether existing regulatory mechanisms leafwing egg mortality within ENP and recovery efforts for these butterflies are inadequate to address the threats to Big Pine Key from trichogrammid wasp should be focused on the adult stage, the species discussed under the other (Trichogramma sp.) parasitism ranged specifically establishing and factors. Section 4(b)(1)(A) of the Act from 70 to 100 percent. Salvato and maintaining additional breeding requires the Service to take into account Salvato (2011, p. 2) continually populations. ‘‘those efforts, if any, being made by any encounter leafwing eggs that have been State or foreign nation, or any political attacked by trichogrammid wasps, Bartram’s Scrub-Hairstreak subdivision of a State or foreign nation, suggesting this wasp remains a Native parasites and predators have to protect such species. . . .’’ In consistent parasitoid for the leafwing been documented to impact Bartram’s relation to Factor D, we interpret this within ENP. scrub-hairstreaks. Hennessey and language to require the Service to Caldas (1996, p. 89), Muyshondt Habeck (1991, p. 19) collected an older consider relevant Federal, State, and (1974, pp. 306–314), DeVries (1987, p. hairstreak larva on Big Pine Key from Tribal laws, plans, regulations, and 21), and Salvato and Hennessey (2003, which a single braconid wasp emerged other such mechanisms that may p. 247) each indicated high parasitism during pupation. During 2010, Salvato minimize any of the threats we describe rates from tachinid flies for larvae of et al. (2012b, p. 113) encountered a in threat analyses under the other four Anaea or similar genera. Hennessey and hairstreak larva within Long Pine Key factors, or otherwise enhance Habeck (1991, p. 17) and Salvato et al. that had been parasitized by C. conservation of the species. We give (2009, p. 101) each encountered Florida scutellaris. These are the only known strongest weight to statutes and their
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implementing regulations and to Conservation Efforts To Reduce the 27 recovery plans for listed insect management direction that stems from Present or Threatened Destruction, species, Schultz and Hammond (2003, those laws and regulations. An example Modification, or Curtailment of Its p. 1377) found that 25 plans broadly would be State governmental actions Habitat or Range), the CCP for the Lower specified metapopulation features in enforced under a State statute or Key Refuges provides specifically for terms of requiring that recovery include constitution, or Federal action under maintaining and restoring butterfly multiple population areas (the average statute. populations within NKDR, including number of sites required was 8.2). The Having evaluated the significance of the Bartram’s scrub-hairstreak and three plans that quantified minimum the threat as mitigated by any such Florida leafwing butterflies. population sizes as part of their conservation efforts, we analyze under recovery criteria for butterflies ranged Factor D the extent to which existing State from 200 adults per site (Oregon regulatory mechanisms are inadequate Neither the Florida leafwing nor silverspot (Speyeria zerene hippolyta)) to address the specific threats to the Bartram’s scrub-hairstreak butterflies are to 100,000 adults (Bay checkerspot species. Regulatory mechanisms, if they currently listed by the State of Florida (Euphydryas editha bayensis)) (Schulz exist, may reduce or eliminate the as a protected species under Chapter and Hammond 2003, pp. 1374–1375). impacts from one or more identified 68A–27, Rules Relating to Endangered Schultz and Hammond (2003, pp. threats. In this section, we review or Threatened Species, so there are no 1372–1385) used population viability existing State and Federal regulatory existing State regulations designated to analyses to develop quantitative mechanisms to determine whether they protect them. However, all State-owned recovery criteria for insects whose effectively reduce or remove threats to property and resources are generally population sizes can be estimated and the Florida leafwing and Bartram’s protected from harm in Chapter 62D– applied this framework in the context of scrub-hairstreak butterflies. 2.013(2), and animals are specifically the Fender’s blue (Icaricia icarioides fenderi), a butterfly listed as endangered Federal protected from unauthorized collection in Chapter 62D–2.013(5) of the Florida in 2000 due to the threats on the Existing Federal regulatory Statutes. remaining reduced population and mechanisms that could provide some limited remaining habitat. They found protection for the Florida leafwing and Local the Fender’s blue to be at high risk of Bartram’s scrub-hairstreak butterflies Under Miami-Dade County ordinance extinction due to agriculture practices, include: (1) The National Park Service (Section 26–1), a permit is required to development activities, forestry Organic Act and its implementing conduct scientific research (Rule 9) on practices, grazing, roadside regulations; (2) the National Wildlife county environmental lands. In maintenance, and commercial Refuge System Administration Act (16 addition, Rule 8 of this ordinance Christmas tree farming. U.S.C. 668dd–ee) as amended, and the provides for the preservation of habitat Losses in diversity within populations Refuge Recreation Act (16 U.S.C. 460k– within County parks or areas operated of the Florida leafwing and Bartram’s 460k–4) and their implementing by the Parks and Recreation scrub-hairstreak may have already regulations. Department. We have no information to occurred (Salvato 2012, pers. comm.). National Park Service (NPS) suggest that other counties within the The leafwing and hairstreak have been regulations at 36 CFR 2.1 and 2.2 range of the leafwing and hairstreak extirpated from several locations where prohibit visitors from harming or have regulatory mechanisms that they were previously recorded (Baggett removing wildlife, listed or otherwise, provide any protections for these 1982, pp. 78–81; Salvato and Hennessey from ENP. In addition, NPS regulation butterflies. 2003, p. 243; 2004, p. 223). Initially 36 CFR 2.5 prohibits visitors from described from Brickell Hammock in conducting research or collecting Factor E—Other Natural or Manmade Coral Gables, Florida (present day specimens without a permit. Although Factors Affecting Its Continued Vizcaya Museum and Gardens), in the ENP was not able to provide specific Existence 1940s (Salvato 2012, pers. comm.), information concerning poaching of Effects of Few, Small Populations and mainland populations of the leafwing butterflies or enforcement of NPS Isolation have subsequently retreated with the regulations protecting the butterflies loss, fragmentation, and degradation of and their habitats from harm, the The Florida leafwing and Bartram’s native pine rocklands throughout apparent online sales of the butterflies scrub-hairstreak are vulnerable to Miami-Dade County (Baggett 1982, pp. suggests that poaching could be extinction due to their severely reduced 78–81; Salvato and Hennessey 2003, p. occurring. Insufficient implementation range, reduced population size, lack of 243). At present, the leafwing is extant or enforcement could become a threat to metapopulation structure, few only within ENP, and ongoing surveys the two butterflies in the future if they remaining populations, and relative suggest the butterfly actively disperses continue to decline in numbers. isolation. Abundance of the Florida throughout the Long Pine Key region of Special Use Permits (SUPs) are issued leafwing and Bartram’s scrub-hairstreak the Park (Salvato and Salvato 2010a, p. by the Refuges as authorized by the is not known, but each butterfly is 91; 2010c, p. 139). Once locally National Wildlife Refuge System estimated to number in the hundreds, common at Navy Wells and the Administration Act (16 U.S.C. 668dd– and at times, possibly much lower. Richmond Pine Rocklands (which occur ee) as amended, and the Refuge Although highly dependent on approximately 8 and 27 km (5 and 17 Recreation Act. The Service’s South individual species considered, a mi) to the northeast of ENP, Florida Ecological Services Office and population of 1,000 has been suggested respectively), leafwings are not known NKDR coordinate annually on potential as marginally viable for an insect to have bred at either location in more impacts to the Florida leafwing and (Schweitzer 2003, pers. comm.). than 25 years (Salvato and Hennessey Bartram’s scrub-hairstreak prior to Schweitzer (2003, pers. comm.) has also 2003, p. 243; Salvato 2012, pers. issuance of an SUP to the Florida Keys suggested that butterfly populations of comm.). In the lower Florida Keys, the Mosquito Control District (FKMCD) (see fewer than 200 adults per generation leafwing had maintained a stronghold Factor E—Pesticides, below). In would have difficulty surviving over the for many decades on Big Pine Key, addition, as discussed above (Factor A— long term. In comparison, in a review of within NKDR, until 2006 when that
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population disappeared due to a variety material and can result in a highly Other processes to be affected by of factors (Salvato and Salvato 2010c, inbred population with low viability or climate change include temperatures, pp. 139–140). fecundity (Chesser 1983, p. 68). Natural rainfall (amount, seasonal timing, and The Bartram’s scrub-hairstreak is fluctuations in rainfall, hostplant vigor, distribution), and storms (frequency and extant within ENP, Navy Wells, Camp or predation may weaken a population intensity). Temperatures are projected to Owaissa Bauer, Richmond Pine to such an extent that recovery to a rise from 2 °C to 5 °C (3.6 °F to 9 °F) Rocklands, as well as on Big Pine Key viable level would be impossible. for North America by the end of this (Baggett 1982, pp. 80–81; Smith et al. Isolation of habitat can prevent century (IPCC 2007, pp. 7–9, 13). Based 1994, pp. 118–119; Salvato and Salvato recolonization from other sites and upon modeling, Atlantic hurricane and 2010b, p. 154). However, given the result in extinction. The leafwing and tropical storm frequencies are expected possible limited dispersal abilities of hairstreak are restricted to one to decrease (Knutson et al. 2008, pp. 1– this butterfly, the distance between (leafwing) or a few small (hairstreak) 21). By 2100, hurricane frequency these sites, (Worth et al. 1996, p. 63; localized populations. The extent of should decrease by 10 to 30 percent, Salvato and Hennessey 2004, p. 223) habitat fragmentation makes these with a 5 to 10 percent wind increase. and their fragmentation, it is unlikely butterflies vulnerable to extinction. This anticipated result is due to more there is any genetic exchange between hurricane energy available for intense Environmental Stochasticity locations. hurricanes. However, hurricane Another south Florida lycaenid, the The climate of southern Florida and frequency is expected to drop because Miami blue (Cyclargus thomasi the Florida Keys is driven by a more wind shear will impede initial bethunebakeri), also appears to have combination of local, regional, and hurricane development. In addition to been impacted by relative isolation global events, regimes, and oscillations. climate change, weather variables are similar to that of the hairstreak. Over the There are three main ‘‘seasons’’: (1) The extremely influenced by other natural past decade, this blue butterfly was wet season, which is hot, rainy, and cycles, such as El Nin˜ o Southern known from only two contemporary humid from June through October, (2) Oscillation with a frequency of every 4 populations, Bahia Honda Key and Key the official hurricane season that to 7 years, solar cycle (every 11 years), West National Wildlife Refuge. Saarinen extends 1 month beyond the wet season and the Atlantic Multi-decadal (2009, p. 79) suggested that the (June 1 through November 30) with peak Oscillation. All of these cycles influence separation of genetic exchange between season being August and September, changes in Floridian weather. The exact these extant populations was only and (3) the dry season, which is drier magnitude, direction, and distribution recent (within the past few decades). and cooler from November through of all of these changes at the regional Despite fluctuations in annual and May. In the dry season, periodic surges level are difficult to project. seasonal population sizes, the Bahia of cool and dry continental air masses The Florida leafwing and Bartram’s Honda blue population was thought to influence the weather with short- scrub-hairstreak have adapted over time have retained an adequate amount of duration rain events followed by long to the influence of tropical storms and genetic diversity to maintain the periods of dry weather. other forms of adverse weather butterfly. However, as of 2010, the According to the Florida Climate conditions (Minno and Emmel 1994, p. Miami blue population on the island Center, Florida is by far the most 671; Salvato and Salvato 2007, p. 154). was extirpated. vulnerable State in the United States to However, given the substantial Extant hairstreak populations are hurricanes and tropical storms (http:// reduction in the historical range of these likely experiencing a similar lack of coaps.fsu.edu/climate_center/ butterflies in the past 50 years, the continuity in genetic exchange given tropicalweather.shtml). Based on data threat and impact of tropical storms and their current fragmented distribution. gathered from 1856 to 2008, Klotzbach hurricanes on their remaining Based upon modeling with a different and Gray (2009, p. 28) calculated the populations is much greater than when butterfly species, Fleishman et al. (2002, climatological and current-year their distribution was more widespread pp. 706–716) argued that factors such as probabilities for each State being (Salvato and Salvato 2010a, p. 96; habitat quality may influence impacted by a hurricane and major 2010b, p. 157; 2010c, p. 139). metapopulation dynamics, driving hurricane. Of the coastal States During late October 2005, Hurricane extinction and colonization processes, analyzed, Florida had the highest Wilma caused substantial damage to the especially in systems that experience climatological probabilities, with a 51 pine rocklands of northwestern Big Pine substantial natural and anthropogenic percent probability of a hurricane and a Key (Salvato and Salvato 2010c, p. 139), environmental variability (see 21 percent probability of a major specifically within the Watson Environmental Stochasticity below). If hurricane over a 52-year time span. Hammock region of NKDR, the only one or a few metapopulations Florida had a 45 percent current-year historical stronghold for the Florida remain, it is absolutely critical that probability of a hurricane and an 18 leafwing on the island. In historical remaining genetic diversity and gene percent current-year probability of a instances when leafwing and hairstreak flow are retained. Conservation major hurricane (Klotzbach and Gray population numbers were larger on Big decisions to augment or reintroduce 2009, p. 28). Given the Florida leafwing Pine, such as following Hurricane populations should not be made and Bartram’s scrub-hairstreaks’ low Georges in 1998, these butterflies without careful consideration of habitat population sizes and few isolated appeared able to recover soon after a availability, genetic adaptability, the occurrences within locations prone to storm (Salvato and Salvato 2010c, p. potential for the introduction of storm influences, these butterflies are at 139). In ENP, where leafwing and maladapted genotypes, and other factors substantial risk from hurricanes, storm hairstreak densities remained stable, (Frankham 2008, pp. 325–333; Saarinen surges, or other extreme weather. these butterflies were minimally et al. 2009, p. 36; See Factors A–D Depending on the location and intensity affected by the 2005 hurricane season above). of a hurricane or other severe weather (Salvato and Salvato 2010a, p. 96, In general, isolation, whether caused event, it is possible that the leafwing 2010b, p. 157). However, for the by geographic distance, ecological and hairstreak could become locally leafwing, given its substantial decline factors, or reproductive strategy, will extirpated or extinct as a result of one on Big Pine Key prior to Wilma, it is likely prevent the influx of new genetic event. possible that the impact of this storm
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served to further hinder and reduce butterflies and their hostplant (Sadle pineland area that was 750 m (820 yards extant populations of the butterfly on 2010, pers. comm.; Land 2010, pers. (yd)) from the target area; residues of the island (Salvato and Salvato 2010c, p. comm.). fenthion (an adulticide no longer used 139). As described above (see Factor C), in the Keys) applied via truck were Environmental factors have likely ongoing natural history studies by found up to 50 m (55 yd) downwind in impacted both butterflies and their Salvato and Salvato (2012, p. 1) indicate a hammock area 15 minutes after habitat within their historical and that the extant leafwing population application in adjacent target areas current ranges. For example, unusually within Long Pine Key experiences up to (Hennessey et al. 1992, pp. 715–721). cold temperatures were encountered 80 percent mortality amongst immature More recently, Pierce (2009, pp. 1–17) throughout southern Florida during the larval stages. A similarly high mortality monitored naled and permethrin winters of 2009 and 2010. Sadle (2009, has been noted for the endangered deposition following application in and pers. comm.) noted frost damage on Schaus swallowtail in southern Florida around NKDR from 2007 to 2009. croton at ENP on Long Pine Key in late (Emmel 1997, p. 11). Such high levels Permethrin, applied by truck, was found 2009, but observed living larvae earlier of mortality may explain why leafwing to drift considerable distances from that year, when temperatures were at or population densities vary considerably target areas with residues that persisted barely above freezing (2.2 °C; 36 °F) and from year to year. As with the influence for weeks. Naled, applied by plane, was frost was on the ground. Frost in winter of tropical storms, population-level also found to drift into nontarget areas 2010 resulted in substantial dieback of recoveries from high rates of parasitism but was much less persistent, exhibiting native plants, including damage and or other factors at a select location a half-life of approximately 6 hours. To widespread defoliation of the croton in would historically be offset from less- expand this work, Pierce (2011, pp. 6– Long Pine Key (Sadle 2010, pers. affected adjacent populations. 11) conducted an additional deposition comm.; Land 2010, pers. comm.; Hallac Opportunities for such population-level study in 2010 focusing on permethrin et al. 2010, pp. 2–3). Fifty percent of the recovery are now severely restricted (see drift from truck spraying and again individual leafwing larvae were ‘‘Effects of Few, Small Populations and documented low but measurable impacted by the cold and observed to be Isolation’’ in this section). amounts of permethrin in nontarget dead or without nearby food supplies areas. In 2009, Bargar (2011, pers. Pesticides within Long Pine Key (Hallac et al. comm.) conducted two field trials on 2010, p. 3). Although Salvato and Efforts to control mosquitoes and NKDR that detected significant naled Salvato (2011, p. 2) did not record other insect pests have increased as residues at locations within nontarget increased butterfly larval mortality on human activity and population have areas on the Refuge that were up to 402 their survey sites in ENP during early increased in south Florida. To control m (440 yd) from the edge of zones 2010, they did encounter larvae on frost- mosquito populations, organophosphate targeted for aerial applications. After killed plants and indicated that those (naled) and pyrethroid (permethrin) this discovery, the Florida Key larvae unable to successfully reach adulticides are applied by mosquito Mosquito Control District recalibrated healthier adjacent hostplants likely control districts throughout south the on-board model (Wingman©). Naled perished. Florida. In a rare case in upper Key deposition was reduced in some of the During late 2010, Salvato and Salvato Largo, another organophosphate nontarget zones following recalibration (2011, p. 2) noted increased larval (malathion) was applied in 2011 when (Bargar 2012b, p. 3). leafwing mortality on their survey sites the number of permethrin applications In addition to mosquito control due to a number of factors, including reached its annual limit. All three of chemicals entering nontarget areas, the cold. Sadle (2011, pers. comm.) also these compounds have been toxic effects of mosquito control observed significant leaf and stem characterized as being highly toxic to chemicals to nontarget organisms have damage to croton during the same time nontarget insects by the U.S. also been documented. Lethal effects on period. A single dead leafwing larva was Environmental Protection Agency (2002, nontarget moths and butterflies have observed on a frost-damaged croton p. 32; 2006a, p. 58; 2006b, p. 44). The been attributed to fenthion and naled in plant, though it is unclear if the use of such pesticides (applied using both south Florida and the Florida Keys mortality was a direct or indirect both aerial and ground-based methods) (Emmel 1991, pp. 12–13; Eliazar and consequence of the freezing for mosquito control presents a potential Emmel 1991, pp. 18–19; Eliazar 1992, temperatures (Sadle 2011, pers. comm.). risk to nontarget species, such as the pp. 29–30). Zhong et al. (2010, pp. Salvato and Salvato (2011, p. 2) Florida leafwing and Bartram’s scrub- 1961–1972) investigated the impact of examined several (n = 4) dark, hairstreak. single aerial applications of naled on the apparently frozen leafwing larvae The potential for mosquito control endangered Miami blue butterfly larvae during this time period, but later chemicals to drift into nontarget areas in the field. Survival of butterfly larvae determined these had likely been killed and persist for varying periods of time in the target zone was 73.9 percent, from tachinid fly parasitism prior to the has been documented. Hennessey and which was significantly lower than in freeze. Sadle (2011, pers. comm.) and Habeck (1989, pp. 1–22; 1991, pp. 1–68) both the drift zone (90.6 percent) and Salvato and Salvato (2011, p. 2) noted and Hennessey et al. (1992, pp. 715– the reference (control) zone (100 living larvae following the late 2010 721) illustrated the presence of percent), indicating that direct exposure freeze, largely in areas unaffected by the mosquito spray residues long after to naled poses significant risk to Miami frost. From these observations, Sadle application in habitat of the federally blue larvae. Fifty percent of the samples (2011, pers. comm.) suggested that frost endangered Schaus swallowtail (Papilio in the drift zone also exhibited damage may produce similar effects to aristodemus ponceanus), as well as the detectable concentrations, once again loss of aboveground plant parts that Florida leafwing, Bartram’s scrub- exhibiting the potential for mosquito results from fire. It is not clear what the hairstreak, and other imperiled species control chemicals to drift into nontarget short- or long-term impacts of prolonged in both the upper (Crocodile Lake areas. Bargar (2011, pers. comm.) cold periods may be on leafwing or National Wildlife Refuge, North Key observed cholinesterase activity hairstreak populations; however, it is Largo) and lower Keys (NKDR). depression, to a level shown to cause likely that prolonged cold periods have Residues of aerially applied naled were mortality in the laboratory, in great some negative impacts on both the found 6 hours after application in a southern white and Gulf fritillary
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butterflies exposed to naled during an Based on these studies, it can be neighborhood interface were excluded application on NKDR in both target and concluded that mosquito control from truck spray applications in the nontarget zones. activities that involve the use of both most sensitive habitats. These In the lower Keys, Salvato (2001, pp. aerial and ground-based spraying exclusions and buffer zones encompass 8–14) suggested that declines in methods have the potential to deliver over 95 percent of extant croton populations of the Florida leafwing pesticides in quantities sufficient to distribution on Big Pine Key, and were also partly attributable to mosquito cause adverse effects to nontarget include the majority of known extant control chemical applications. Salvato species in both target and nontarget and historical Florida leafwing and (2001, p. 14; 2002, pp. 56–57) found areas. It should be noted that many of Bartram’s scrub-hairstreak population relative populations of the Florida the studies referenced above dealt with centers on the island (Salvato 2012, leafwing, when extant on Big Pine Key single application scenarios and pers. comm.). However, some areas of within NKDR, to increase during drier examined effects on only one to two pine rocklands within NKDR are still years when adulticide applications over butterfly life stages. Under a realistic sprayed with naled (aerially applied the pinelands decreased, although scenario, the potential exists for adulticide), and buffer zones remain at Bartram’s scrub-hairstreak did not exposure to all life stages to occur over risk from drift. Additionally, private follow this pattern. Salvato (2001, p. 14) multiple applications in a season. In the residential areas and roadsides across suggested that butterflies, such as the case of a persistent compound like Big Pine Key are treated with leafwing, were particularly vulnerable permethrin where residues remain on permethrin (ground-based applied to aerial applications based on their vegetation for weeks, the potential exists adulticide) (Salvato 2001, p. 10). tendency to roost within the pineland for nontarget species to be exposed to Therefore, the hairstreak and, if extant, canopy, an area with maximal exposure multiple pesticides within a season the leafwing and their habitat on Big to aerial treatments. Because roosting (e.g., permethrin on vegetation coupled Pine Key may be directly or indirectly sites for the Bartram’s hairstreak are not with aerial exposure to naled). (via drift) exposed to adulticides used Spraying practices by the Florida well documented, more study is needed for mosquito control at some unknown Keys Mosquito Control District to assess their potential exposure. The level. Although there is evidence that role of vegetation in limiting exposure is (FKMCD) at NKDR have changed to reduce pesticide use over the years. In mosquito control practices may unknown, but could be important when influence butterfly species, limited considering that spraying operations are addition, larvicide treatments to surrounding islands have significantly information currently exists about conducted during early morning and reduced adulticide use on Big Pine Key, population-level impacts. Actual late evening hours when, presumably, No Name Key, and the Torch Keys since impacts to the Florida leafwing and nontarget butterflies would be 2003 (FKMCD 2012, p. 11). According to Bartram’s scrub-hairstreak from occupying roost sites (Anderson 2013, the Special Use Permit issued by the mosquito control are unknown at this pers. comm.). Service, the number of aerially applied time; however, additional research is Toxicity data on Florida native naled treatments allowed on NKDR has under way to quantify risk. butterflies exposed to permethrin and been limited since 2008 (FKMCD 2012, In general Long Pine Key in ENP does naled in the laboratory (Hoang et al. pp. 10–11). not appear to be regularly impacted by 2011, pp. 997–1005) were used to The Service’s Integrated Pest mosquito control practices, except for calculate hazard quotients Management (IPM) Policy (569 FW 1) the use of adulticides (e.g., Sumithrin (concentrations in the environment— establishes procedures and (Anvil)) in Park residential areas and concentrations causing an adverse responsibilities for pest management campgrounds. Housing areas, effect) in order to assess the risk that activities on and off Service lands. maintenance areas, outside work areas concentrations of naled and permethrin These may include (1) preparing for park maintenance staff and found in the field pose to butterflies. A pesticide use proposals (PUPs) for contractors, and areas near buildings hazard quotient where the approval before applying pesticides; (2) have been sprayed in the past (Perry environmental concentration is greater entering pesticide usage information 2007, pers. comm.). Spraying occurred than the concentration known to cause annually into the online IPM and within ENP following hurricanes in an adverse effect (mortality in this case), Pesticide Use Proposal System (PUPS) 2005 (Perry 2008, pers. comm.). indicates significant risk to the database; (3) conducting Endangered organism. Environmental exposures for Subsequently, however, no spraying has Species Act consultations; and (4) been conducted in or near Long Pine naled and permethrin were taken from following National Environmental Zhong et al. (2010, pp. 1961–1972) and Key. Populations of these butterflies Policy Act policies. Since these occurring adjacent to and outside ENP Pierce (2009, pp. 1–17), respectively, butterflies have been on the candidate in suitable and potential habitat within and represent the highest concentrations list, the Service’s South Florida Miami-Dade County are also vulnerable of each chemical that were quantified Ecological Services Office and NKDR to the lethal and sublethal effects of during field studies in the Florida Keys. coordinate annually on potential adulticide applications. However, When using the lowest median lethal impacts to the Florida leafwing and concentrations from the laboratory Bartram’s scrub-hairstreak prior to mosquito control pesticide use within study, the hazard quotients for issuance of a PUP to the FKMCD. Based Miami-Dade County pine rockland areas permethrin and naled indicated on this consultation, 478 ha (1,180 ac) is limited (approximately 2 to 4 times potential acute hazards to butterflies. of the 705 ha (1,741 ac) of pine rockland per year, and only within a portion of Bargar (2012a, pp. 5–6) also conducted in the NKDR have been designated no- proposed critical habitat) (Vasquez a probabilistic risk assessment using spray zones by agreement (as of May 2013, pers. comm.) naled deposition values from NKDR and 2012) between the Service and FKMCD In summary, although substantial estimated that field-measured naled that includes the core habitat used by progress has been made in reducing concentrations did pose a risk to adult pine rockland butterflies (Anderson impacts, the potential effects of butterflies of some species, particularly 2012a, pers. comm.; Service 2012, p. mosquito control applications and drift for species with large surface area to 32). In addition, several linear miles of residues remain a threat to both weight ratios. pine rockland habitat within the Refuge- butterflies.
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Cumulative Effects From Factors A Bartram’s Scrub-Hairstreak have no information to indicate that Through E The Bartram’s scrub-hairstreak has poaching, inconsistent fires, pesticide been extirpated from nearly 93 percent use, or habitat loss will be ameliorated The limited distributions and small in the future by enforcement of existing population sizes of the Florida leafwing of its historical range; only five isolated populations remain on Big Pine Key in regulatory mechanisms. and Bartram’s scrub-hairstreak make Therefore, we find it reasonably likely Monroe County, Long Pine Key in ENP, them extremely susceptible to habitat that the effects on the Florida leafwing and relict pine rocklands adjacent to the loss, degradation, and modification and and Bartram’s scrub-hairstreak will Park in Miami-Dade County. All five of other anthropogenic threats. continue at current levels or potentially these populations are, in part, on Mechanisms leading to the decline of increase in the future. Effects of small protected lands. Threats of habitat loss the Florida leafwing and Bartram’s population size, isolation, and loss of and fragmentation from lack of fire scrub-hairstreak, as discussed above, genetic diversity are likely significant (Factor A), poaching (Factor B), disease range from local (e.g., a lack of adequate threats as well as natural changes to fire management, fragmentation, and predation (Factor C), and small habitat and anthropogenic factors (e.g., poaching), to regional (e.g., population size, restricted range, and pesticides, fire, processes affected by development, pesticides), to global influence of chemical pesticides used climate change). Collectively, these influences (e.g., climate change, sea for mosquito control (Factor E) still exist threats have impacted the butterflies in level rise). The synergistic (interaction for the remaining populations. Because the past, are impacting these butterflies of two or more components) effects of there are only five small populations of now, and will continue to impact these threats (such as hurricane effects on a the hairstreak, and limited law butterflies in the future. species with a limited distribution enforcement, collection has and consisting of just a few small continues to be a significant threat to Determinations populations) make it difficult to predict this butterfly. Existing regulatory We have carefully assessed the best population viability. While these mechanisms (Factor D) are inadequate scientific and commercial information stressors may act in isolation, it is more to protect this butterfly from poaching. available regarding the past, present, probable that many stressors are acting Because populations are isolated and and future threats to the Florida simultaneously (or in combination) on the butterfly has a limited ability to leafwing and Bartram’s scrub-hairstreak Florida leafwing and Bartram’s scrub- recolonize historically occupied habitats butterflies. As described in detail above, hairstreak populations. that are now highly fragmented, it is both butterflies are currently at risk vulnerable to natural or human-caused throughout all of their respective ranges Summary of Biological Status and changes in its habitats. The remaining due to the immediacy, severity, and Threats populations become less resilient and scope of threats from habitat destruction Florida Leafwing are not capable of recovering from the and fragmentation, including climatic threats. As a result, impacts from change and lack of adequate fire The Florida leafwing has been increasing threats, singly or in management (Factor A); poaching extirpated (no longer in existence) from combination, are likely to result in the (Factor B); parasitism and predation nearly 96 percent of its historical range; extinction of the hairstreak. (Factor C); the inadequacy of existing the only known extant population regulatory mechanisms, including Both Species occurs within ENP in Miami-Dade limited enforcement (Factor D); and County. Threats of habitat loss and Habitat loss, fragmentation, and small population size, restricted range, fragmentation, including climatic degradation, and associated pressures and influence of chemical pesticides change (Factor A), poaching (Factor B), from increased human population are used for mosquito control (Factor E). parasitism and predation (Factor C), and major threats; these threats are expected These stressors have had profound small population size, restricted range, to continue, placing these butterflies at adverse effects on Florida leafwing and and influence of chemical pesticides greater risk. Although efforts are being Bartram’s scrub-hairstreak populations used for mosquito control (Factor E), made to conserve natural areas and and the pine rockland habitat. As a still exist for the only remaining apply prescribed burns, the long-term result, impacts from increasing threats, population. Because there is only one effects of large-scale and wide-ranging singly or in combination, are likely to small extant population of this butterfly, habitat modification, destruction, and result in the extinction of these and limited law enforcement, collection curtailment will last into the future. butterflies. has and continues to be a significant Based on our analysis of the best The Act defines an endangered threat to this butterfly. Existing available information, there is no species as any species that is ‘‘in danger regulatory mechanisms (Factor D) are evidence to suggest that vulnerability to of extinction throughout all or a inadequate to reduce these threats. The collection and risks associated with significant portion of its range’’ and a leafwing may be impacted when pine scientific or conservation efforts will threatened species as any species ‘‘that rocklands are converted to other uses or change and, instead, are likely to is likely to become endangered when lack of fire causes the conversion continue into the future. At this time, throughout all or a significant portion of to habitats that are unsuitable for this we consider predation, parasitism, and its range within the foreseeable future.’’ butterfly. Because the remaining disease to be threats to both butterflies We find that the Florida leafwing and population is isolated and the butterfly due to their current tenuous statuses. Bartram’s scrub-hairstreak butterflies are has a limited ability to recolonize We have no information to suggest that presently in danger of extinction historically occupied habitats that are vulnerability to these threats will throughout their entire ranges based on now highly fragmented, it is vulnerable change in the future. Based on our the severity and immediacy of threats to natural or human-caused changes in analysis of the best available currently impacting these subspecies. its habitats. As a result, impacts from information, we find that existing Their overall ranges have been increasing threats, singly or in regulatory mechanisms, due to their significantly reduced; the remaining combination, are likely to result in the inherent limitations and constraints, are habitats and populations are threatened extinction of the butterfly as there is no inadequate to address threats to these by a variety of factors acting in redundancy of populations. butterflies throughout their ranges. We combination to reduce the overall
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viability of these subspecies. The risk of recovery actions and describes the butterflies whenever it becomes extinction is high because the remaining process to be used to develop a recovery available and any information you may populations are small and isolated and plan. Revisions of the plan may be done have for recovery planning purposes the potential for recolonization is to address continuing or new threats to (see FOR FURTHER INFORMATION CONTACT). limited. Therefore, on the basis of the the species, as new substantive Section 7(a) of the Act requires best available scientific and commercial information becomes available. The Federal agencies to evaluate their data available, we have determined that recovery plan identifies site-specific actions with respect to any species that the Florida leafwing and Bartram’s management actions that set a trigger for is proposed or listed as endangered or scrub-hairstreak butterflies meet the review of the five factors that control threatened and with respect to its definition of endangered in accordance whether a species remains endangered critical habitat, if any is designated. with sections 3(6) and 4(a)(1) of the Act. or may be reclassified to threatened or Regulations implementing this Under the Act and our implementing delisted, and methods for monitoring interagency cooperation provision of the regulations, a species may warrant recovery progress. Recovery plans also Act are codified at 50 CFR part 402. listing if it is endangered or threatened establish a framework for agencies to When a species is listed, section 7(a)(2) throughout all or a significant portion of coordinate their recovery efforts and of the Act requires Federal agencies to its range. The threats to the survival of provide estimates of the cost of ensure that activities they authorize, these species occur throughout the implementing recovery tasks. Recovery fund, or carry out are not likely to species’ ranges and are not restricted to teams (comprising species experts, jeopardize the continued existence of any particular significant portion of Federal and State agencies, the species or destroy or adversely those ranges. Accordingly, our nongovernmental organizations, and modify its critical habitat. If a Federal assessment and proposed determination stakeholders) are often established to action may affect a listed species or its applies to both the species throughout develop recovery plans. When critical habitat, the responsible Federal their entire ranges. completed, the recovery outline, draft agency must enter into consultation Available Conservation Measures recovery plan, and the final recovery with the Service. plan will be available on our Web site Federal agency actions within these Conservation measures provided to (http://www.fws.gov/endangered), or species listed as endangered or butterflies’ habitat that may require from our South Florida Ecological consultation as described in the threatened under the Act include Services Field Office (see FOR FURTHER recognition, recovery actions, preceding paragraph include but are not INFORMATION CONTACT). limited to, management and any other requirements for Federal protection, and Implementation of recovery actions landscape-altering activities on Federal prohibitions against certain practices. generally requires the participation of a lands administered by the Department Recognition through listing results in broad range of partners, including other of Defense, National Park Service, and public awareness and conservation by Federal agencies, States, Tribes, U.S. Fish and Wildlife Service; Federal, State, Tribal, and local nongovernmental organizations, construction and maintenance of roads agencies; private organizations; and businesses, and private landowners. individuals. The Act encourages Examples of recovery actions include or highways by the Federal Highway cooperation with the States and requires habitat restoration (e.g., restoration of Administration; flood insurance and that recovery actions be carried out for native vegetation), research, captive disaster relief efforts conducted by the all listed species. The protection propagation and reintroduction, and Federal Emergency Management required by Federal agencies and the outreach and education. The recovery of Agency; and pesticide treatments prohibitions against certain activities many listed species cannot be required by the U.S. Department of are discussed, in part, below. accomplished solely on Federal lands Agriculture in the event of emergency The primary purpose of the Act is the because their range may occur primarily pest outbreak. conservation of endangered and or solely on non-Federal lands. To The Act and its implementing threatened species and the ecosystems achieve recovery of these species regulations set forth a series of general upon which they depend. The ultimate requires cooperative conservation efforts prohibitions and exceptions that apply goal of such conservation efforts is the on private, State, and Tribal lands. to all endangered wildlife. The recovery of these listed species, so that Following publication of this final prohibitions of section 9(a)(2) of the Act, they no longer need the protective listing rule, funding for recovery actions codified at 50 CFR 17.21, make it illegal measures of the Act. Subsection 4(f) of will be available from a variety of for any person subject to the jurisdiction the Act requires the Service to develop sources, including Federal budgets, of the United States to take (which and implement recovery plans for the State programs, and cost-share grants for includes harass, harm, pursue, hunt, conservation of endangered and non-Federal landowners, the academic shoot, wound, kill, trap, capture, or threatened species. The recovery community, and nongovernmental collect; or to attempt any of these) planning process involves the organizations. In addition, under section endangered wildlife within the United identification of actions that are 6 of the Act, the State of Florida would States or on the high seas. In addition, necessary to halt or reverse the species’ be eligible for Federal funds to it is unlawful to import; export; deliver, decline by addressing the threats to its implement management actions that receive, carry, transport, or ship in survival and recovery. The goal of this promote the protection and recovery of interstate commerce in the course of process is to restore listed species to a Florida leafwing and Bartram’s scrub- commercial activity; or sell or offer for point where they are secure, self- hairstreak butterflies. Information on sale in interstate or foreign commerce sustaining, and functioning components our grant programs that are available to any listed species. It is also illegal to of their ecosystems. aid species recovery can be found at: possess, sell, deliver, carry, transport, or Recovery planning includes the http://www.fws.gov/grants. ship any such wildlife that has been development of a recovery outline Please let us know if you are taken illegally. Certain exceptions apply shortly after a species is listed and interested in participating in recovery to agents of the Service, the National preparation of a draft and final recovery efforts for either or both of these Marine Fisheries Service, other Federal plan. The recovery outline guides the butterflies. Additionally, we invite you land management agencies, and State immediate implementation of urgent to submit any new information on these conservation agencies.
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We may issue permits to carry out foraging, sheltering, or other essential accordance with Secretarial Order 3206 otherwise prohibited activities life functions. of June 5, 1997 (American Indian Tribal involving endangered wildlife under (5) Unauthorized use of pesticides or Rights, Federal-Tribal Trust certain circumstances. Regulations herbicides resulting in take of the Responsibilities, and the Endangered governing permits are codified at 50 Florida leafwing or Bartram’s scrub- Species Act), we readily acknowledge CFR 17.22. With regard to endangered hairstreak butterflies. our responsibilities to work directly wildlife, a permit must be issued for the (6) Unauthorized release of biological with tribes in developing programs for following purposes: For scientific control agents that attack any life stages healthy ecosystems, to acknowledge that purposes, to enhance the propagation or of these species. tribal lands are not subject to the same survival of the species, and for (7) Unauthorized removal or controls as Federal public lands, to incidental take in connection with destruction of pineland croton, the remain sensitive to Indian culture, and otherwise lawful activities. There are hostplant utilized by the Florida to make information available to tribes. also certain statutory exemptions from leafwing or Bartram’s scrub-hairstreak Neither species occurs on any tribal the prohibitions, which are found in butterflies, within areas used by the lands or lands under tribal jurisdiction. sections 9 and 10 of the Act. butterflies that result in harm to the References Cited Our policy, as published in the butterflies. (8) Release of nonnative species into Federal Register on July 1, 1994 (59 FR A complete list of references cited in occupied Florida leafwing and 34272), is to identify to the maximum this rulemaking is available on the Bartram’s scrub-hairstreak habitat that Internet at http://www.regulations.gov extent practicable at the time a species may displace the butterflies or their and upon request from the South is listed, those activities that would or native host plants. would not constitute a violation of Questions regarding whether specific Florida Ecological Services Field Office section 9 of the Act. Based on the best activities would constitute a violation of (see FOR FURTHER INFORMATION CONTACT). available information, the following section 9 of the Act should be directed Authors activities could potentially result in a to the Field Supervisor of the Service’s violation of section 9 of the Act; this list South Florida Ecological Services Office The primary authors of this proposed is not comprehensive: (see FOR FURTHER INFORMATION CONTACT). rule are the staff members of the South (1) Unauthorized possession, Florida Ecological Services Field collecting, trapping, capturing, killing, Required Determinations Office). harassing, sale, delivery, or movement, National Environmental Policy Act List of Subjects in 50 CFR Part 17 including interstate and foreign (NEPA; 42 U.S.C. 4321 et seq.) commerce, or harming or attempting Endangered and threatened species, We have determined that any of these actions, of the Florida Exports, Imports, Reporting and environmental assessments and leafwing or Bartram’s scrub-hairstreak recordkeeping requirements, environmental impact statements, as butterflies (research activities where the Transportation. defined under the authority of the Florida leafwing or Bartram’s scrub- NEPA, need not be prepared in Regulation Promulgation hairstreak are handled, captured (e.g., connection with listing a species as an netted, trapped), marked, or collected endangered or threatened species under Accordingly, we amend part 17, will require authorization pursuant to the Endangered Species Act. We subchapter B of chapter I, title 50 of the the Act). published a notice outlining our reasons Code of Federal Regulations, as follows: (2) Incidental take of the Florida for this determination in the Federal PART 17—[AMENDED] leafwing or Bartram’s scrub-hairstreak Register on October 25, 1983 (48 FR without authorization pursuant to 49244). section 7 or section 10(a)(1)(B) of the ■ 1. The authority citation for part 17 Act. Government-to-Government continues to read as follows: (3) Sale or purchase of specimens of Relationship With Tribes Authority: 16 U.S.C. 1361–1407; 1531– these taxa, except for properly In accordance with the President’s 1544; 4201–4245; unless otherwise noted. documented antique specimens at least memorandum of April 29, 1994 ■ 2. Amend § 17.11(h) by adding entries 100 years old, as defined by section (Government-to-Government Relations for ‘‘Butterfly, Bartram’s scrub- 10(h)(1) of the Act. with Native American Tribal hairstreak’’ and ‘‘Butterfly, Florida (4) Unauthorized destruction or Governments; 59 FR 22951), Executive leafwing’’ to the List of Endangered and alteration of the Florida leafwing or Order 13175 (Consultation and Threatened Wildlife in alphabetical Bartram’s scrub-hairstreak habitat Coordination with Indian Tribal order under Insects to read as set forth (including unauthorized grading, Governments), and the Department of below: leveling, plowing, mowing, burning, the Interior’s manual at 512 DM 2, we herbicide spraying, or pesticide readily acknowledge our responsibility § 17.11 Endangered and threatened application) in ways that kill or injure to communicate meaningfully with wildlife. individuals by significantly impairing recognized Federal Tribes on a * * * * * these butterflies’ essential breeding, government-to-government basis. In (h) * * *
Species Vertebrate population Historical range where en- Status Family When listed Critical Special Common name Scientific name dangered or habitat rules threatened
******* INSECTS ......
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Species Vertebrate population Historical range where en- Status Family When listed Critical Special Common name Scientific name dangered or habitat rules threatened
******* Butterfly, Bar- Strymon acis U.S.A. (FL) ...... NA E Lycaenidae ...... 843 17.95(i) NA tram’s scrub- bartrami. hairstreak.
******* Butterfly, Florida Anaea troglodyta U.S.A. (FL) ...... NA E Nymphalidae ..... 843 17.95(i) NA leafwing. floridalis.
*******
Dated: July 22, 2014. Stephen Guertin, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2014–18614 Filed 8–11–14; 8:45 am] BILLING CODE 4310–55–P
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