Federal Register / Vol. 49. No. 171 / Friday, August 3~1984 / Rules and Regulations 34501 50 CFR Part 17 Schaus swallowtail the protection of Long Key, Monroe County. Most of the endangered status. Neither species records are from Elliott Key. The best Endangered and Threatened Wildlife remains eligible for a special rule at 50 available evidence indicates that this and Plants; Final FiuisTo Deregulate CFR 17.47 that permits non-commercial species is not a permanent resident of the Bahama Swallowtail Butterfly and take of adults, so that special rule is the U.S., nor is it subspecifically distinct To Reclassify the Schaus Swallowtail deleted. from the resident Herach’des ondraemon Butterfly From Threatened to EFFECTIVE DATE: The effective date of borzhotei population in the Bahamas. Endangered this rule is Octobeil, 1984. This species has occasionally ADDRESSES: The complete file for this reproduced in the U.S., but apparently AGENCY: Fish and Wildlife Service, rule is available for inspection, by soon dies out. The most recent known Interior. appointment, during normal business breeding in the U.S. was on Elliott Key hours (7:oO a.m.-&39 p.m.) at the in 1972 [U.S. Fish and Wildlife Service, ACTION: Final rule. Service’s Endangered Species Field 1982). SUMMARY: The Service make a final Station, U.S. Fish and Wildlife Service, The Schaus swallowtail originally determination to remove the Bahama 2747 Art Museum Drive, Jacksonville, occurred from the Miami area south swallowtail butterfly (Herccfides Florida 82297. through the Florida Keys as far as Lower [Papilio) andruemon bonnhotel; from the FOR FURTHER WiFORMATION CONTACT: Matecumbe Key. The last records from U.S. List of Endangered and Threatened Mr. David J. Wesley, Endangered Miami were in 19%. Presumably, urban Wildlife, and to reclassify the Schaus Species Field Supervisor, at the above development eliminated the habitat of swallowtail but!erfly (Heroclides address (904/791-2560 or FE 9462580). the species there. The last records for [PapSo] aristodemus poncemws) from SUPPLEMENTARY INFORMATION: Upper and Lower Matecumbe Keys threatened to endangered status. The were in the mid-‘t949’s. action is taken under the authority of the Backgmund The disappearance of the species from Endangered Species Act of 1973, as The Bahama (HerocIides’[PapiIio) these Keys apparently coincided with amended. Both species occur in Dade androemon bonhotel] and Schaus heavy collecting pressure, although and Monroe Counties, Florida, and were (Heraclides (Papilio) aristodemus collecting is not known to have caused listed as threatened species in 1976. A ponceanus) swallowtail butterflies are the decline. In the early 1979’s, the recent review of the status of each of representatives of tropical species butterfly was relatively abundant on these species indicates that the Bahama which reach their northern limits of north Key Large, but appears to be rare swallowtail is only a sporadic resident distribution in southern Florida. The there now. The known range of the of the Uni!ed States. It is not Bahama swallowtail was described by Schaus swaliowtail is now Elliott and subspecifica!ly distinct from the non- Sharpe in 1900. It has dark brown wings Old Rhodes Keys in Biscayne National threatened Bahaman pcpulation of this with a median yellow band and has two Park, Dade County, and north Key species and does not presently qualify pairs of tails on the hindwings. The Lnrgo, Monroe County (Loftus and for listing under the Endangered Species Schaus swallowtail was described by Kushlan, 1982; U.S. Fish and Wildiife Act, as amended. The Schaus Schaus in 191.1. Adults have blackish- Service, 1982). swailowtail has declined in numbers brown wings with broad rusty patches Both the Bahama and Schaus and range since the time of its listing. under the hindwings. Only one pair of swallow!ail butterflies are restricted to This action is consistent with a petition tails is present. The primary food of the tropical hardwood hammocks, which filed with the Service on March 9,1988. larval Schaus swallowtail is torchwood constitute the climax vegetation of by the Florida Game and Fresh Water (Anryris elemiferu), while the larval upland areas in the Florida Keys. Fish Commission, and also follows the Bahama swallowtail feeds on key lime Formerly, this vegetation type occurred recommendations of the approved (citrus ouront$o,?u) and various Ruta more widely in south Florida, but has Schaus swallowtail butterfly recovery and Xtrnthoxylum species. been largely eliminated on the plan. This rule removes the protection of The Bahama swallowtail has been mainland. The hammocks are closely the Endangered Species Act from the recorded from Miami and Elliott Key, related floristically to the West Indies, Bahama swa!lowtail, and affords the Dade County, and from Key Largo and and constitute the only tropical upland 34502 Federal Register / Vol. 49, No. 171 / Friday, August 31, 1984 / Rules and Regulations plant community found in the in danger of extinction throughkt all or Island in the Bahamas appeared to be continental U.S. The Florida Keys a significant portion of its range, the indistinguishable from those in the contain the largest remaining Act, as amended, requires that this Florida Keys. Bahaman populations of hammocks, but many-of the areas are species be removed from the List of Hem&ides aristodemus are presently highly subject to development pressures Endangered and Threatened Wildlife. ascribed to the subspecies driophilus. because of restrictions on development The Florida Game and Fresh Water Another commenter, a lepidopterist, also in the surrounding lowland (mangrove] Fish Commission recently carried out supported the proposal. He indicated areas. Local, State, and Federal laws research on the status of the Bahama that there was evidence that the Cuban presently limit development on these and Schaus swallowtail butterflies. The population of Heraclides ponceonus wetlands. The hammocks contain a studies were. funded in part with funds (presently ascribed to the subspecies large number of plant species rare to provided by the Service under Section 6 telmenes), might also be identical to the Florida, many of which are considered of the Endangered Species Act. The Florida populations of ponceonus but threatened or endangered by this State. results of this research were that there is not presently sufficient data The tropical hardwood hammock plant incorporated into a recovery plan for the to substantiate this. The Service community is considered to be one of Schaus swallowtail butterfly, including responds that, with respect to the the most restricted and vulnerable recommendations for the Bahama taxonomic status of Heraclides habitat tvoes in the U.S. swal!owtail [U.S. Fish and Wildlife oristodemus, the current scien!ific Both b;tterflies were proposed for Service, 1962). The plan recommended literature considers Heraclides listine as federallv threatened on Aoril that the Bahama swallowtail be aristodemusponceanus to be restricted 22.19v75(4oFR1i*757~.The prOp0sai was delisted, and that the Schaus to the Keys of Monroe and Dade made final on April 8.1976 (41 FR swallowtail be reclassified from Counties, Florida. If at any time 17736). The final regulation included a threatened to endangered, based on its revisionary work were to indicate that special rule at 50 CFR 17.47(a) decline in numbers and distribution. ponceanus shou!d be synonymized with exempting both species from some of the In a oetition dated Februarv 23.1983. one or more of the other subspecies of protective provisions available to and received March 9,1983, the Florida Heraclides aristodemus, the Service threatened species under SO CFR 17.31. Game and Fresh Water Fish would review the status of the Schaus Non-commercial take of adults was Commission requested that the Schaus swallowtail with respect to section 4(a) allowed, provided that other local, State, swallowtail be reclassified as an of the Endangered Species Act. If the and Federal regulations were complied endangered species. An administrative taxon were not in danger of extinction with. Chapter 39-27 of the Florida finding that the requested action might throughout all or a significant portion of Administrative Code, however, be warranted was made on May 9,1983. its range, or likely to become presently lists the Bahama and Schaus On August 29.1983, the Service endangered in the foreseeable future, it published in the Federal Register (40 FR would no longer qualify for the swallowtail butterflies as threatened, 39096) a proposal to de!ist the Bahama and prohibits take, possession, sale or protection of the Endangered Species transport of all life stages of these swel!owtail and to reclassify the Schaus Act. For example, if the butterfly were swallowtail butterfly from threatened to determined to be widespread and species, excep? by permit. The Federal endangered. Publication of this special rule is superseded by Florida abundant in Cuba and the Bahamas, proposed rule signified that the with no serious threat to its continued State legislation, because the special requested action was warranted, and rule allows take of adults only where constituted a required finding in existence on these islands, the Florida the take would be in compliance with all population would not be eligible for the accordance with section 4(b)(3)(B)(ii) of protection of the Act. other local, State, and Federal the Act as amended in “1982. regulations. Section S(f) of the Support fcr the proposals was also Endangered Species Act allows State S;lmmary of Comments and received from the Florida Natural Areas taking prohibitions to be more Rc-commendations Inventory, ihe National Park Service restrictive than those imposed by the In the August 29.1983, proposed rule (Biscayne National Park), the Act or its implementing regulations. (46 FR 39096) and associated International Union for Conservation of Section 4(c)(2) of the Endangered notifications, all interested parties were Nature and Natural Resources Species Act, as amended, requires that a requested to submit factual reports or (Conservation Monitoring Centre) and S-year review of the List of Endangered information wh:ch might contribute to two private citizens.