[Federal Register Volume 59, Number 74 (Monday, April 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9219]


[[Page Unknown]]

[Federal Register: April 18, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC44

 

Endangered and Threatened Wildlife and Plants; Proposed Rule To 
List the Saint Francis' Satyr as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service (Service) proposes to list a 
butterfly, the Saint Francis' satyr (Neonympha mitchellii francisci) as 
an endangered species pursuant to the Endangered Species Act of 1973 
(Act), as amended. This butterfly is known from a single locality in 
North Carolina. Recent heavy collecting pressure has resulted in a 
reduction of the only known population of this subspecies and is 
believed to pose an imminent threat to the species' survival. Due to 
the need to reduce or eliminate the likelihood of further collection, 
an emergency rule is published elsewhere in today's Federal Register to 
provide this butterfly with immediate protection under the Act for a 
period of 240 days. Proposed listing, if made final, would implement 
long-term Federal protection and allow for recovery measures in 
accordance with the Act's provisions.

DATES: Comments from all interested parties must be received by June 
17, 1994. Public hearing requests must be received by June 2, 1994.

ADDRESSES: Comments and material concerning this proposal should be 
sent to the Field Supervisor, Asheville Field Office, U.S. Fish and 
Wildlife Service, 330 Ridgefield Court, Asheville, North Carolina 
28806. Comments and material received will be available for public 
inspection, by appointment, during normal business hours at the above 
address.

FOR FURTHER INFORMATION CONTACT:
Ms. Nora Murdock at the above address (704/665-1195, Ext. 231).

SUPPLEMENTARY INFORMATION:

Background

    Saint Francis' satyr (Neonympha mitchellii francisci), one of the 
rarest butterflies in eastern North America, was described by Parshall 
and Kral (1989) from materials collected in North Carolina.
    The authors estimate that the single known population probably 
produces less than 100 adults annually. Shortly after its discovery in 
1989, Saint Francis' Satyr was reported to have been collected to 
extinction (Refsnider 1991, Schweitzer 1989). In 1992, the subspecies 
was rediscovered at its type locality during the course of a Service-
funded status survey. The Act defines ``species'' to include any 
subspecies of fish or wildlife or plants, and any distinct population 
segment of any species of vertebrate fish and wildlife. Although N. m. 
francisci is recognized taxonomically as a subspecies, it will be 
referred to as a ``species'' throughout the remainder of this rule.
    Saint Francis' satyr is a fairly small, dark brown butterfly of the 
subfamily Satyrinae and the family Nymphalidae, which include many 
species of butterflies commonly called satyrs and wood nymphs. 
Neonympha m. francisci and N. m. mitchellii, the northern subspecies 
which is listed as endangered (May 20, 1992: 57 FR 21569), are nearly 
identical in size and show only a slight degree of sexual size 
dimorphism (Hall 1993, Parshall and Kral 1989). Saint Francis' satyr 
has conspicuous ``eyespots'' (like most members in the wood nymph 
group) on the lower surfaces of the wings, and these eyespots are a 
dark maroon brown in the center--reflecting a silver cast in certain 
light. The border of the eyespots is straw yellow with an outermost 
border of dark brown. These eyespots, usually round to slightly oval, 
are well developed on the fore and hind wings. The spots are 
accentuated by two bright orange bands along the edges of the posterior 
wing and by two darker brown bands across the central portion of each 
wing. Saint Francis' satyr, as well as the nominate subspecies 
mitchellii, can be distinguished from its congener, N. areolata, by the 
latter's well-marked eyespots on the upper wings and brighter orange 
bands on the hinds wings (Refsnider 1991, McAlpine et al. 1960. Wilsman 
and Schweitzer 1991, Hall 1993).
    Saint Francis' satyr is extremely restricted geographically and it 
is presently known to exist only from a single population in North 
Carolina. The annul life cycle of francisci unlike that of its northern 
relative mitchellii, is bivoltine. It has two adult flights or 
generations annually. Little is known about its life history, and 
larval host plants are thought to be graminoids such as grasses, 
sedges, and rushes. The habitat occupied by francisci consists 
primarily of wide, wet meadows dominated by sedges and other wetland 
graminoids. In the North Carolina sandhills, these wet meadows are 
often relicts of beaver activity. These boggy areas are quite acidic 
and ephemeral, succeeding to either pocosin or swamp forest if not kept 
open by frequent fires or beaver activity.
    The sandhills were once covered with an open type of woodland, 
dominated by longleaf pine, wire grass, and other fire-tolerant 
species. The type of forest that presently exists along the creek 
inhabited by francisci can only mature under a long period of fire 
suppression. Parshall and Kral (1988) speculate that francisci is a 
relict from a more widespread southern distribution, and its current 
limited distribution could also be a result of the enormous environment 
changes that have taken place in the past 100 years within the southern 
coastal plain. Extensive searches of other suitable habitat in North 
Carolina and South Carolina have turned up no additional populations of 
this butterfly (Hall 1993, Schweitzer 1989).
    Federal actions on this species began on November 21, 1991 when it 
was included as a Category 2 species in the Animal Notice of Review (56 
FR 58804). Category 2 species are those species for which the Service 
believes that Federal listing as endangered or threatened is possibly 
appropriate, but for which conclusive data on biological vulnerability 
and threat are currently not available to support a proposed rule. 
Based on recent surveys conducted by Service and State personnel, the 
Service now concludes that sufficient information exists to propose 
listing Neonympha mitchellii francisci as endangered.

Summary of Factors Affecting the Species

    Section 4(a)(1) of the Act (16 U.S.C. 1531 et seq.) and regulations 
(50 CFR part 424) promulgated to implement the listing provisions of 
the Act set forth the procedures for adding species to the Federal 
list. A species may be determined to be an endangered or threatened 
species due to one or more of the five factors described in section 
4(a)(1). These factors and their application to Saint Francis' satyr 
(Neonympha mitchellii francisci) are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment 
of Its Habitat or Range

    Due to its recent discovery, it is impossible to determine what the 
original range of this butterfly was. Based upon its demonstrated 
dependency on periodic fires to create new habitat and the present 
trend of fire suppression on private lands, it is assumed that 
francisci once occupied a more extensive area with a greater number of 
populations and individuals. Massive habitat alterations are a major 
factor in the reduction of the range of francisci. The extensive loss 
of wetland habitats in the Carolina Coastal plains and the draining of 
swamps, pocosins, bays, savannas, flatwoods, and bogs for conversion to 
agriculture and silviculture is well documented.
    The extirpation of beavers from the Carolinas at the turn of the 
century may have played an important role in the reduction of this 
butterfly's range. Beavers play an active role in the creation of sedge 
meadow habitats which are favored by Saint Francis' satyr (Hall 1993, 
Woodward and Hazel 1991). The open woodlands and wetlands of the 
coastal plain have declined drastically during the past two centuries; 
thus the range of francisci has become increasingly fragmented and the 
structure of their meta-populations may have been destroyed. The 
fracturing of meta-populations is cited in the decline of the aragos 
skipper and a number of other butterflies associated with tall grass 
prairies (Panzer 1988, D. Schweitzer pers. comm.)
    Since francisci may be a relict population already, the further 
destruction and fragmentation of its existing habitat has brought it 
close to extinction. The sole remaining population is now fragmented 
into less than 5 or 6 small colonies of individuals which occupy a 
total area of a few square miles.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    Both subspecies of Neonympha mitchellii are highly prized by 
collectors, including commercial collectors, who often collect every 
available individual. Several populations of the nominate subspecies, 
mitchellii, have been destroyed by collectors and other populations are 
extremely vulnerable to this threat (Refsnider 1991). The single known 
population of francisci was extremely over-collected following its 
initial discovery and it is was believed to have been extirpated from 
the wild. Since the emergency listing of the nominate subspecies, 
mitchellii, in 1991, North Carolina was the only place where Neonympha 
mitchellii could be legally collected in the wild. Following the 
emergency listing of the northern subspecies (Mitchell's satyr), the 
North Carolina Heritage Program received several inquiries from 
collectors concerning the location of the North Carolina population 
(Saint Francis' satyr). These collectors expressed apprehension about 
placing any restrictions on the collecting of this rare and much sought 
after satyr--francisci. Collectors have reportedly visited the known 
site of francisci on a daily basis during the flight period, taking 
every available adult (Hall 1993). After this initial wave of over-
collecting, many unsuccessful searches were made for Saint Francis' 
satyr before it was eventually rediscovered. Little is known about this 
butterfly's ecological requirements and life history, but it appears to 
be more vulnerable than its northern relative. It may be more dependent 
upon a longer meta-population structure than its northern cousin in 
order to colonize new sites or to recolonize old sites from which it 
has been extirpated.

C. Disease or Predation

    There is no available evidence at this time that predation or 
disease are factors in this butterfly's decline or threaten its 
continued existence in the wild.

D. The Inadequacy of Existing Regulatory Mechanisms

    Presently, insects are not protected from taking under North 
Carolina law. Also the Department of Defense regulations do not 
prohibit the take of butterflies on military lands (Saint Francis' 
satyr occurs on Fort Bragg). Federal listing of this butterfly will 
provide legal protection against taking and illegal trade in the 
species.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

    This species is dependent upon some form of disturbance (e.g., 
periodic fires and/or beaver impoundments) to create the desired 
habitat needed for survival. But intense fires at critical stages 
during its life cycle could eliminate small colonies of this butterfly. 
Since only one population of francisci remains and there are no other 
known adjacent populations to recolonize extirpated sites, this species 
is extremely vulnerable to catastrophic climatic events, inbreeding 
depression, disease and parasitism. Part of its habitat is adjacent to 
a well-traveled road where there is the possible threat of toxic 
chemical spills into its wetland habitat. Current military use of the 
lands favor this species, due to the frequent fires associated with 
shelling. The Department of Defense personnel are aware of the species' 
plight and have limited troop movement through the area. Heavy 
siltation of the small drainage areas occupied by francisci could pose 
a potential threat to the species. Other potential threats to this 
butterfly include pest control programs for mosquitoes and/or gypsy 
moths and beaver eradication.
    In developing this proposal the Service has carefully assessed the 
best scientific and commercial information available regarding the 
past, present, and future threats faced by this species. Based on this 
evaluation, the preferred action is to list Saint Francis' satyr as 
endangered. With only one population remaining (already diminished by 
intensive collecting) and with the other subspecies (mitchellii) having 
been eliminated from half of the States where it historically occurred, 
the threat of over-collecting is well documented.
    The potential for further reduction of this last known remaining 
population of francisci could severely reduce the likelihood of this 
butterfly's survival. Therefore, the Service is listing the species as 
endangered on an emergency basis to provide maximum protection to the 
remaining population during the 1994 flight period. At the same time, 
the Service is initiating the normal listing process by proposing the 
species for endangered status.

Critical Habitat

    Section 4(a)(3) of the Act, as amended, requires that, to the 
maximum extent prudent and determinable, the Secretary designate 
critical habitat at the time a species is determined to be endangered 
or threatened. At this time, the Service has made a preliminary finding 
that designation of critical habitat is not prudent for this species. 
As discussed under Factor B in the ``Summary of Factors Affecting the 
Species'' section, Saint Francis' satyr has already been impacted by 
over-collecting and continues to be threatened by collecting pressure. 
Publication of critical habitat descriptions and maps would make this 
satyr even more vulnerable to collection, and would increase 
enforcement problems and the likelihood of extinction. Protection of 
this species' habitat will be addressed through the recovery process 
and through the section 7 jeopardy standard. The single remaining 
population is located on military lands, where the Department of 
Defense is aware of its occurrence. Comments regarding the designation 
of critical habitat will be accepted and reviewed during the comment 
period established by this proposed rule.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under he Endangered Species Act include recognition, 
recovery actions, requirements for Federal protection, and prohibitions 
against certain practices. Recognition through listing encourages and 
results in conservation actions by Federal, State, and private 
agencies, groups, and individuals. The Endangered Species Act provides 
for possible land acquisition and cooperation with the States and 
requires that recovery actions be carried out for all listed species. 
The protection required of Federal agencies and the prohibitions 
against certain activities involving listed animals are discussed, in 
part, below.
    Section 7(a) of the Act, as amended, requires Federal agencies to 
evaluate their actions with respect to any species that is proposed or 
listed as endangered or threatened and with respect to its critical 
habitat, if any is being designated. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(4) requires Federal agencies to confer 
informally with the Service on any action that is likely to jeopardize 
the continued existence of a proposed species or result in the 
destruction or adverse modification of proposed critical habitat. If 
the species is listed subsequently, section 7(a)(2) requires Federal 
agencies to ensure that activities they authorize, fund, or carry out 
are not likely to jeopardize the continued existence of such a species 
or to destroy or adversely modify its critical habitat. If a Federal 
action may affect a listed species or its critical habitat, the 
responsible Federal agency must enter into formal consultation with the 
Service. Federal activities that could impact Saint Francis' satyr and 
its habitat in the future include, but are not limited to, the 
following: Road and firebreak construction, pesticide application, 
beaver control, troop movements, prescribed burning the fire 
suppression, and facilities construction. The only known population of 
Saint Francis' satyr is located on military lands, where the Department 
of Defense is already working with the Service to secure the protection 
and proper management of this butterfly, while accommodating military 
activities to the extent possible. Conservation of this butterfly is 
consistent with most ongoing military operations at the occupied site, 
and the listing of the species is not expected to result in significant 
restrictions on military use of the land.
    The Act and implementing regulations found at 50 CFR 17.21 set 
forth a series of general prohibitions and exceptions that apply to all 
endangered wildlife. These prohibitions, in part, make it illegal for 
any person subject to the jurisdiction of the United States to take 
(includes harass, harm, pursue, hunt, shoot, wound, kill, trap, or 
collect; or to attempt any of these), import or export, ship in 
interstate commerce in the course of a commercial activity, or sell or 
offer for sale in interstate or foreign commerce any listed species. It 
also is illegal to possess, sell, deliver, carry, transport, or ship 
any such wildlife that has been taken illegally. Certain exceptions 
apply to agents of the Service and State conservation agencies.
    Permits may be issued to carry out otherwise prohibitions 
activities involving endangered wildlife species under certain 
circumstances. Regulations governing permits are found at 50 CFR 17.22 
and 17.23. Such permits are available for scientific purposes, to 
enhance the propagation or survival of the species, and/or for 
incidental take in connection with otherwise lawful activities.

Public Comments Solicited

    The Service intends that any final action resulting from this 
proposal will be as accurate and as effective as possible. Therefore, 
comments or suggestions from the public, other concerned governmental 
agencies, the scientific community, industry, or any other interested 
party concerning this proposed rule are hereby solicited. Comments 
particularly are sought concerning:
    (1) Biological, commercial trade or other relevant data concerning 
any threat (or lack thereof) of this species;
    (2) The location of any additional populations of this species and 
the reasons why any habitat should or should not be determined to be 
critical habitat as provided by section 4 of the Act;
    (3) Additional information concerning the range, distribution, and 
population size of this species; and
    (4) Current or planned activities in the subject area and their 
possible impacts on this species.
    Final promulgation of the regulation on this species will take into 
consideration the comments and any additional information received by 
the Service, and such communications may lead to a final regulation 
that differs from this proposal.
    The Endangered Species Act provides for a public hearing on this 
proposal, if requested. Requests must be received within 45 days of the 
date of publication of the proposal. Such requests must be made in 
writing and addressed to the Field Supervisor, Asheville Field Office 
(see Addresses section).

National Environmental Policy Act

    This Fish and Wildlife Service has determined that an Environmental 
Assessment, as defined under the authority of the National 
Environmental Policy Act of 1969, need not be prepared in connection 
with regulations adopted pursuant to Section 4(a) of the Endangered 
Species Act of 1973, as amended. A notice outlining the Service's 
reasons for this determination was published in the Federal Register on 
October 25, 1983 (49 FR 49244).

References Cited

    Refer to the accompanying emergency rule for this section.

Author

    The primary author of this proposed rule is Ms. Nora Murdock (see 
Addresses section) (704/665-1195, Ext. 231).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, and Transportation.

Regulation Promulgation

PART 17--[AMENDED]

    Accordingly, it is hereby proposed to amend part 17, subchapter B 
of chapter 1, title 50 of the Code of Federal Regulations, as set forth 
below:
    (1) The authority citation for part 17 continues to read as 
follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    (2) Amend Sec. 17.11(h) by adding the following, in alphabetical 
order under ``Insects'' to the List of Endangered and Threatened 
Wildlife, to read as follows:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

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                      Species                                                    Vertebrate population                                                  
----------------------------------------------------      Historic range          where endangered or      Status    When listed    Critical    Special 
       Common name              Scientific name                                       threatened                                    habitat      rules  
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                                                                      * * * * * * *                                                                     
Insects:                                                                                                                                                
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
    Butterfly, Saint       Neonympha mitchellii      U.S.A. (NC).............  NA......................  E           ...........           NA  .........
     Francis' satyr.        francisci.                                                                                                                  
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
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    Dated: April 8, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-9219 Filed 4-15-94; 8:45 am]
BILLING CODE 4310-55-M