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 VerDate Mar<15>2010 18:54 Aug 11, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\12AUR3.SGM 12AUR3 emcdonald on DSK67QTVN1PROD with RULES3 47222 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations 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 VerDate Mar<15>2010 18:54 Aug 11, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\12AUR3.SGM 12AUR3 emcdonald on DSK67QTVN1PROD with RULES3 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations 47223 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