Listing of the Miami Blue Butterfly As
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Vol. 77 Friday, No. 67 April 6, 2012 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Listing of the Miami Blue Butterfly as Endangered Throughout Its Range; Listing of the Cassius Blue, Ceraunus Blue, and Nickerbean Blue Butterflies as Threatened Due to Similarity of Appearance to the Miami Blue Butterfly in Coastal South and Central Florida; Final Rule VerDate Mar<15>2010 17:00 Apr 05, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\06APR3.SGM 06APR3 mstockstill on DSK4VPTVN1PROD with RULES3 20948 Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Rules and Regulations DEPARTMENT OF THE INTERIOR Executive Summary clarifications, and suggestions to This document consists of: (1) A final improve this final listing determination. Fish and Wildlife Service rule to list the Miami blue butterfly Acronyms Used in This Document (Cyclargus thomasi bethunebakeri) as 50 CFR Part 17 We use many acronyms throughout endangered; and (2) a special rule this final rule. To assist the reader, we pursuant to section 4(d) of the Act to list [Docket No. FWS–R4–ES–2011–0043; provide a list of these acronyms here for the cassius blue butterfly (Leptotes easy reference: 4500030113] cassius theonus), ceraunus blue butterfly (Hemiargus ceraunus AME = Allyn Museum of Entomology RIN 1018–AX83 antibubastus), and nickerbean blue BHSP = Bahia Honda State Park BNP = Biscayne National Park butterfly (Cyclargus ammon) as Endangered and Threatened Wildlife CCSP = U.S. Climate Change Science threatened due to similarity of and Plants; Listing of the Miami Blue Program appearance to the Miami blue in Butterfly as Endangered Throughout CITES = Convention on International Trade portions of their ranges. in Endangered Species Its Range; Listing of the Cassius Blue, Why we need to publish a rule. Under DJSP = Dagny Johnson Key Largo Hammock Ceraunus Blue, and Nickerbean Blue the Act, a species or subspecies may Botanical State Park Butterflies as Threatened Due to warrant protection through listing if it is ENP = Everglades National Park Similarity of Appearance to the Miami endangered or threatened throughout all FCCMC = Florida Coordinating Council on Blue Butterfly in Coastal South and Mosquito Control or a significant portion of its range. On Central Florida FDEP = Florida Department of Environmental August 10, 2011, we published Protection AGENCY: Fish and Wildlife Service, emergency and proposed rules to list the FKMCD = Florida Keys Mosquito Control Interior. Miami blue butterfly as endangered. In District FLMNH = Florida Museum of Natural ACTION: Final rule. those documents we explained that the subspecies currently exists in a fraction History SUMMARY: We, the Fish and Wildlife of its historical range and faces FPS = Florida Park Service numerous threats, and therefore FWC = Florida Fish and Wildlife Service (Service), are listing the Miami Conservation Commission blue butterfly (Cyclargus thomasi qualifies for listing. This rule finalizes GWHNWR = Great White Heron National bethunebakeri), as endangered under the protection proposed for the Wildlife Refuge the Endangered Species Act of 1973, as subspecies, following careful INRMP = Integrated Natural Resource amended (Act). We have determined consideration of all comments received Management Plan that designation of critical habitat for during the public comment period. One IPCC = Intergovernmental Panel on Climate the Miami blue butterfly is not prudent of the principal threats to the subspecies Change at this time. We also are listing the is collection for commercial purposes. IRC = Institute for Regional Conservation For this reason, we are also prohibiting KWNWR = Key West National Wildlife cassius blue butterfly (Leptotes cassius Refuge theonus), ceraunus blue butterfly the collection of the cassius, ceraunus, MIT = Massachusetts Institute of Technology (Hemiargus ceraunus antibubastus), and and nickerbean blue butterflies, three NABA = North American Butterfly nickerbean blue butterfly (Cyclargus species which are very similar in Association ammon) as threatened due to similarity appearance to the Miami blue butterfly, NAS = Naval Air Station Key West of appearance to the Miami blue in within the historical range of the Miami NCSU = North Carolina State University coastal south and central Florida, and blue. NEP = nonessential experimental establishing a special rule under section The basis for our action. Under the populations 4(d) of the Act for these three species. Act, a species may be determined to be NKDR = National Key Deer Refuge endangered or threatened based on any TNC = The Nature Conservancy DATES: This final rule becomes effective UF = University of Florida on April 6, 2012. of five factors: (1) Destruction, UN = United Nations modification, or curtailment of its ADDRESSES: This final rule is available USDJ = U.S. Department of Justice habitat or range; (2) Overutilization; (3) USGS = U.S. Geological Survey on the Internet at http:// Disease or predation; (4) Inadequate www.regulations.gov and http:// existing regulations; or (5) Other natural Previous Federal Actions www.fws.gov/verobeach/. Comments or manmade factors. The Miami blue is Federal actions for the Miami blue and materials received, as well as endangered due to four of these five butterfly prior to August 10, 2011, are supporting documentation used in the factors. Section 4(e) of the Act also outlined in our emergency rule (76 FR preparation of this rule, will be allows for the extension of protections 49542), which was published on that available for inspection, by to similar species under certain date. Publication of the proposed rule appointment, during normal business circumstances. (76 FR 49408), concurrently published hours at the U.S. Fish and Wildlife Peer reviewers support our methods. on that date, opened a 60-day comment Service, South Florida Ecological We solicited opinions from period, which closed on October 11, Services Office, 1339 20th Street, Vero knowledgeable individuals with 2011. The emergency rule provides Beach, Florida 32960–3559; telephone scientific expertise to review the protection for the Miami blue, ceraunus 772–562–3909; facsimile 772–562–4288. technical assumptions, analyses, blue, nickerbean blue, and cassius blue FOR FURTHER INFORMATION CONTACT: adherence to regulations, and whether butterflies for a 240-day period, ending Larry Williams, Field Supervisor, U.S. or not we had used the best available on April 6, 2012. Because of this time Fish and Wildlife Service, South Florida information in our proposed listing rule constraint, and the threat of collection Ecological Services Office (see for the subspecies. We received 8 peer of these species if the emergency rule ADDRESSES above). If you use a review responses, and 2 collaborative expires before the proposed rule is telecommunications device for the deaf responses from State agencies. These finalized (see Factor B, Overutilization (TDD), call the Federal Information peer reviewers generally concurred with for commercial, recreational, scientific, Relay Service (FIRS) at 800–877–8339. the basis for listing the Miami blue, and or educational purposes), this rule does SUPPLEMENTARY INFORMATION: provided additional information, not have the standard 30-day period VerDate Mar<15>2010 17:00 Apr 05, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\06APR3.SGM 06APR3 mstockstill on DSK4VPTVN1PROD with RULES3 Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Rules and Regulations 20949 before becoming effective. It becomes can be distinguished from the ceraunus Polyommatinae (Swainson). The species effective upon the expiration of the blue and cassius blue by its very broad Hemiargus thomasi was originally emergency rule, April 6, 2012. white ventral submarginal band, the described by Clench (1941, pp. 407– dorsal turquoise color of both sexes, and 408), and the subspecies Hemiargus Public Comments the orange-capped marginal eyespot on thomasi bethunebakeri was first We received comments from the the hind wings (Opler and Krizek 1984, described by Comstock and Huntington public on the proposed listing action, p. 112). The nickerbean blue is also (1943, p. 97). Although some authors including the proposed listing of three similar to the Miami blue in general continue to use Hemiargus, Nabokov similar butterflies due to similarity of appearance but is considerably smaller; (1945, p. 14) instituted Cyclargus for appearance and our determination that it has three black spots across the basal some species, which has been supported designation of critical habitat is not hindwing, while the Miami blue has by more recent research (Johnson and prudent. In this rule, we respond to four (Calhoun et al. 2002, p. 15). The Balint 1995, pp. 1–3, 8–11, 13; Calhoun these issues in a single comment larvae and pupae of the nickerbean blue et al. 2002, p. 13; K. Johnson, Florida section. closely resemble the Miami blue State Collection of Arthropods, in litt. Background (Calhoun et al. 2002, p. 15). 2002). There are differences in the In a comparison of Miami blue internal genitalic structures of the The Miami blue is a small, brightly butterfly specimens within the Florida genera Hemiargus and Cyclargus colored butterfly approximately 0.8 to Museum of Natural History (FLMNH) (Johnson and Balint 1995, pp. 2–3, 11; 1.1 inches (1.9 to 2.9 centimeters [cm]) collection, Saarinen (2009, pp. 42–43) K. Johnson, in litt. 2002). Kurt Johnson in length (Pyle 1981, p. 488), with a found a significant difference in (in litt. 2002), who has published most forewing length of 0.3 to 0.5 inches (8.0 forewing length between males and of the existing literature since 1950 on to 12.5 millimeters) (Minno and Emmel females, with males having shorter the blue butterflies of the tribe 1993, p. 134). Wings of males are blue forewings than females. However, no above (dorsally), with a narrow black Polyommatini, reaffirmed that thomasi significant differences were found belongs in the genus Cyclargus outer border and white fringes; females between forewing length in comparing are bright blue dorsally, with black (Nabokov 1945, p.