This document is scheduled to be published in the Federal Register on 04/06/2012 and available online at http://federalregister.gov/a/2012-08088, and on FDsys.gov Billing Code 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R4–ES–2011–0043] [4500030113] RIN 1018–AX83 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 AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. 1 SUMMARY: We, the Fish and Wildlife Service (Service), are listing the Miami blue butterfly (Cyclargus thomasi bethunebakeri), as endangered under the Endangered Species Act of 1973, as amended (Act). We have determined that designation of critical habitat for the Miami blue butterfly is not prudent at this time. We also are listing the cassius blue butterfly (Leptotes cassius theonus), ceraunus blue butterfly (Hemiargus ceraunus antibubastus), and nickerbean blue butterfly (Cyclargus ammon) as threatened due to similarity of appearance to the Miami blue in coastal south and central Florida, and establishing a special rule under section 4(d) of the Act for these three species. DATES: This final rule becomes effective on April 6, 2012.. ADDRESSES: This final rule is available on the Internet at http://www.regulations.gov and http://www.fws.gov/verobeach/. Comments and materials received, as well as supporting documentation used in the preparation of this rule, will be available for inspection, by appointment, during normal business hours at the U.S. Fish and Wildlife Service, South Florida Ecological Services Office, 1339 20th Street, Vero Beach, Florida 32960–3559; telephone 772–562–3909; facsimile 772–562–4288. FOR FURTHER INFORMATION CONTACT: Larry Williams, Field Supervisor, U.S. Fish and Wildlife Service, South Florida Ecological Services Office (see ADDRESSES above). If you use a telecommunications device for the deaf (TDD), call 2 the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: Executive Summary This document consists of: (1) a final rule to list the Miami blue butterfly (Cyclargus thomasi bethunebakeri) as endangered; and (2) a special rule pursuant to section 4(d) of the Act to list the cassius blue butterfly (Leptotes cassius theonus), ceraunus blue butterfly (Hemiargus ceraunus antibubastus), and nickerbean blue butterfly (Cyclargus ammon) as threatened due to similarity of appearance to the Miami blue in portions of their ranges. Why we need to publish a rule. Under the Act, a species or subspecies may warrant protection through listing if it is endangered or threatened throughout all or a significant portion of its range. On August 10, 2011, we published emergency and proposed rules to list the Miami blue butterfly as endangered. In those documents we explained that the subspecies currently exists in a fraction of its historical range and faces numerous threats, and therefore qualifies for listing. This rule finalizes the protection proposed for the subspecies, following careful consideration of all comments received during the public comment period. One of the principal threats to the subspecies is collection for commercial purposes. For this reason, we are also prohibiting the collection of the 3 cassius, ceraunus, and nickerbean blue butterflies, three species which are very similar in appearance to the Miami blue butterfly, within the historical range of the Miami blue. The basis for our action. Under the Act, a species may be determined to be endangered or threatened based on any of five factors: (1) Destruction, modification, or curtailment of its habitat or range; (2) Overutilization; (3) Disease or predation; (4) Inadequate existing regulations; or (5) Other natural or manmade factors. The Miami blue is endangered due to four of these five factors. Section 4(e) of the Act also allows for the extension of protections to similar species under certain circumstances. Peer reviewers support our methods. We solicited opinions from knowledgeable individuals with scientific expertise to review the technical assumptions, analyses, adherence to regulations, and whether or not we had used the best available information in our proposed listing rule for the subspecies. We received 8 peer review responses, and 2 collaborative responses from State agencies. These peer reviewers generally concurred with the basis for listing the Miami blue, and provided additional information, clarifications, and suggestions to improve this final listing determination. Acronyms Used in this Document We use many acronyms throughout this final rule. To assist the reader, we provide a list of these acronyms here for easy reference: AME = Allyn Museum of Entomology 4 BHSP = Bahia Honda State Park BNP = Biscayne National Park CCSP = U.S. Climate Change Science Program CITES = Convention on International Trade in Endangered Species DJSP = Dagny Johnson Key Largo Hammock Botanical State Park ENP = Everglades National Park FCCMC = Florida Coordinating Council on Mosquito Control FDEP = Florida Department of Environmental Protection FKMCD = Florida Keys Mosquito Control District FLMNH = Florida Museum of Natural History FPS = Florida Park Service FWC = Florida Fish and Wildlife Conservation Commission GWHNWR = Great White Heron National Wildlife Refuge INRMP = Integrated Natural Resource Management Plan IPCC = Intergovernmental Panel on Climate Change IRC = Institute for Regional Conservation KWNWR = Key West National Wildlife Refuge MIT = Massachusetts Institute of Technology NABA = North American Butterfly Association NAS = Naval Air Station Key West NCSU = North Carolina State University NEP = nonessential experimental populations 5 NKDR = National Key Deer Refuge TNC = The Nature Conservancy UF = University of Florida UN = United Nations USDJ = U.S. Department of Justice USGS = U.S. Geological Survey Previous Federal Actions Federal actions for the Miami blue butterfly prior to August 10, 2011, are outlined in our emergency rule (76 FR 49542), which was published on that date. Publication of the proposed rule (76 FR 49408), concurrently published on that date, opened a 60-day comment period, which closed on October 11, 2011. The emergency rule provides protection for the Miami blue, ceraunus blue, nickerbean blue, and cassius blue butterflies for a 240-day period, ending on April 6, 2012. Because of this time constraint, and the threat of collection of these species if the emergency rule expires before the proposed rule is finalized (see Factor B, Overutilization for commercial, recreational, scientific, or educational purposes), this rule does not have the standard 30-day period before becoming effective. It becomes effective upon the expiration of the emergency rule, April 6, 2012. Public Comments 6 We received comments from the public on the proposed listing action, including the proposed listing of three similar butterflies due to similarity of appearance and our determination that designation of critical habitat is not prudent. In this rule, we respond to these issues in a single comment section. Background The Miami blue is a small, brightly colored butterfly approximately 0.8 to 1.1 inches (1.9 to 2.9 centimeters [cm]) in length (Pyle 1981, p. 488), with a forewing length of 0.3 to 0.5 inches (8.0 to 12.5 millimeters) (Minno and Emmel 1993, p. 134). Wings of males are blue above (dorsally), with a narrow black outer border and white fringes; females are bright blue dorsally, with black borders and an orange/red and black eyespot near the anal angle of the hindwing (Comstock and Huntington 1943, p. 98; Minno and Emmel 1993, p. 134). The underside is grayish, with darker markings outlined with white and bands of white wedges near the outer margin. The ventral hindwing has two pairs of eyespots, one of which is capped with red; basal and costal spots on the hindwing are black and conspicuous (Minno and Emmel 1993, p. 134). The winter (dry season) form is much lighter blue than the summer (wet season) form and has narrow black borders (Opler and Krizek 1984, p. 112). Seasonal wing pattern variation may be caused by changes in humidity, temperature, or length of day (Pyle 1981, p. 489). Miami blue larvae are bright green with a black head capsule, and pupae vary in color from black to 7 brown (Minno and Emmel 1993, pp. 134–135). The Miami blue is similar in appearance to three other sympatric (occupying the same or overlapping geographic areas, without interbreeding) butterfly species that occur roughly in the same habitats: cassius blue (Leptotes cassius theonus), ceraunus blue (Hemiargus ceraunus antibubastus), and nickerbean blue (Cyclargus ammon). The Miami blue is slightly larger than the ceraunus blue (Minno and Emmel 1993, p. 134), and the ceraunus blue has a different ventral pattern and flies close to the ground in open areas (Minno and Emmel 1994, p. 647). The cassius blue often occurs with the Miami blue, but has dark bars rather than spots on the undersides of the wings (Minno and Emmel 1994, p. 647). The Miami blue can be distinguished from the ceraunus blue and cassius blue by its very broad white ventral submarginal band, the dorsal turquoise color of both sexes, and the orange-capped marginal eyespot on the hind wings (Opler and Krizek 1984, p. 112). The nickerbean blue is also similar to the Miami blue