[Federal Register Volume 60, Number 17 (Thursday, January 26, 1995)]
[Rules and Regulations]
[Pages 5264-5267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1982]




[[Page 5263]]

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Part III





Department of the Interior





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Fish and Wildlife Service



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Endangered and Threatened Wildlife and Plants: Saint Francis' Satyr and 
Hine's Emerald Dragonfly; Final Rules

  Federal Register / Vol. 60, No. 17 / Thursday, January 26, 1995 / 
Rules and Regulations  
[[Page 5264]] 
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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; Saint Francis' 
Satyr Determined To Be Endangered

AGENCY: Fish and Wildlife Service, Interior Department.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service) determines the Saint 
Francis' satyr butterfly (Neonympha mitchellii francisci) to be an 
endangered species under the authority of the Endangered Species Act of 
1973, as amended (Act). This butterfly is known only from a single 
locality in North Carolina. Recent heavy collecting pressure on this 
butterfly has resulted in the one small remaining population being 
reduced to near extinction. This action implements Federal protection 
and recovery provisions for Saint Francis' satyr, as provided by the 
Act.

EFFECTIVE DATE: February 27, 1995.

ADDRESSES: The complete file for this rule is available for inspection, 
by appointment, during normal business hours at the Asheville Field 
Office, U.S. Fish and Wildlife Service, 330 Ridgefield Court, 
Asheville, North Carolina 28806.

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

SUPPLEMENTARY INFORMATION:

Background

    Neonympha mitchellii francisci is a subspecies of one of two North 
American species of Neonympha. One of the rarest butterflies in eastern 
North America, it was described by Parshall and Kral in 1989 from 
material collected in North Carolina. These authors estimated that the 
single known population probably produced less than 100 adults per 
year. Shortly thereafter, Saint Francis' satyr was reported to have 
been collected to extinction (Refsnider 1991, Schweitzer 1989). The 
species was rediscovered at the type locality in 1992 during the course 
of a Service-funded status survey. Section 3 of 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 
or wildlife * * * .'' Therefore, 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 and is 
a typical member of the Satyrinae, a subfamily of the Nymphalidae 
family, which includes many species commonly called satyrs and wood 
nymphs. The wingspan for the species ranges from 34 to 44 mm (Opler and 
Malikul 1992). Saint Francis' satyr and Mitchell's satyr (N. m. 
mitchellii), the northern subspecies, which was listed as endangered on 
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). Like most species in the wood nymph group, Saint Francis' satyr 
has conspicuous ``eyespots'' on the lower surfaces of the wings. These 
eyespots are dark maroon-brown in the center, reflecting a silver cast 
in certain lights. The border of these dark eyespots is straw-yellow in 
color, with an outermost border of dark brown. The eyespots are usually 
round to slightly oval and are well developed on the forewing as well 
as on the hind wing. The spots are accented by two bright orange bands 
along the posterior wing edges and two darker brown bands across the 
central portion of each wing. Saint Francis' satyr, like the northern 
subspecies, can be distinguished from its North American congener, N. 
areolata, by the latter's well-marked eyespots on the upper wing 
surfaces and brighter orange bands on the hind wing as well by its 
lighter coloration and stronger flight (Refsnider 1991, McAlpine et al. 
1960, Wilsman and Schweitzer 1991, Hall 1993).
    Saint Francis' satyr is extremely restricted geographically. The 
northern subspecies has been eliminated from approximately half its 
known range, primarily due to collecting (Refsnider 1991). Saint 
Francis' satyr is now known to exist as a single population in North 
Carolina.
    The annual life cycle of N. m. francisci, unlike that of its 
northern relative, is bivoltine. That is, it has two adult flights or 
generations per year. Larval host plants are believed to be graminoids 
such as grasses, sedges, and rushes. Little else is known about the 
life history of this butterfly. The habitat occupied by this satyr 
consists primarily of wide, wet meadows dominated by sedges and other 
wetland graminoids. In the North Carolina sandhills, such meadows are 
often relicts of beaver activity. Unlike the habitat of Mitchell's 
satyr, the North Carolina species' habitat cannot properly be called a 
fen because the waters of this sandhills region are extremely poor in 
inorganic nutrients. Hall (1993) states:

    Whereas true fens--apparently the habitat of the northern form 
of N. mitchellii (Wilsman and Schweitzer 1991)--are circumneutral to 
basic in pH and are long-lasting features of the landscape, the 
boggy areas of the sandhills are quite acidic as well as ephemeral, 
succeeding either to pocosin or swamp forest if not kept open by 
frequent fire or beaver activity.

    Hall (1993) further states:

    Under the natural regime of frequent fires ignited by summer 
thunderstorms, the sandhills were once covered with a much more open 
type of woodland, dominated by longleaf pine, wiregrass, and other 
fire-tolerant species. The type of forest that currently exists 
along [the creek inhabited by Saint Francis' satyr] can only grow up 
under a long period of fire suppression. The dominance on this site 
of loblolly pine, moreover, is due primarily to past forestry 
management practices, not any form of natural succession.

    Parshall and Kral speculated that N. m. francisci is a relict from 
a more widespread southern distribution during the Pleistocene period. 
Hall (1993) presents the following alternative hypothesis:

    The current narrow distribution of francisci could also be a 
result of the enormous environmental changes that have occurred in 
the southern coastal plain just within the past 100 years. Only the 
discovery of additional populations or fossil remains can clarify 
this situation.

    Extensive searches have been made of suitable habitat in North 
Carolina and South Carolina, but no other populations of this butterfly 
have been found (Hall 1993, Schweitzer 1989).

Previous Federal Action

    Federal government actions on this species began when it was 
included as a category 2 species in the animal candidate review list 
published on November 21, 1991 (56 FR 58804). Category 2 species are 
those for which the Service believes that Federal listing as endangered 
or threatened may be warranted but for which conclusive data on 
biological vulnerability and threat are not currently available to 
support proposed rules. Recent surveys conducted by Service and State 
personnel led the Service to believe that sufficient information 
existed to proceed with an emergency rule to list Neonympha mitchellii 
francisci as endangered. The emergency rule was published on April 18, 
1994 (59 FR 18324). A proposed rule (59 FR 18350) was published 
simultaneously to initiate the formal listing process for this species. 
[[Page 5265]] 

Summary of Comments and Recommendations

    In the April 18, 1994, proposed rule and associated notifications, 
all interested parties were requested to submit factual reports or 
information that might contribute to the development of a final rule. 
Appropriate State agencies, county governments, Federal agencies, 
scientific organizations, and other interested parties were contacted 
and requested to comment. A newspaper notice inviting public comment 
was published in the ``Fayetteville Observer,'' Fayetteville, North 
Carolina, on May 6, 1994. Only one written comment was received, and 
that letter expressed support for the proposal.

Summary of Factors Affecting the Species

    After a thorough review and consideration of all information 
available, the Service has determined that Saint Francis' satyr should 
be classified as an endangered species. Procedures found at section 
4(a)(1) of the Act and regulations (50 CFR part 424) promulgated to 
implement the listing provisions of the Act were followed. 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. Because of its relatively recent 
discovery, it is impossible to determine what the original range of 
Saint Francis' satyr might have been. However, based upon its 
demonstrated dependency on periodic fires and the general trend of fire 
suppression on private lands, it seems reasonable to assume that it 
once occupied a more extensive area. This assumption is further 
supported by extensive recent searches of suitable habitat where the 
species could not be found. As stated by Hall (1993):


    In order for francisci to have survived over the past 10,000 
years, there must surely have been more populations and greater 
numbers of individuals than apparently now exist * * * . As is true 
for many species that were once widespread in the sandhills, massive 
habitat alteration must also be a major factor in the diminution of 
the range of francisci * * * reductions in francisci's range would 
have accompanied the extensive loss of wetland habitats in the 
coastal plain. Again, the draining of swamps, pocosins, Carolina 
bays, savannas, flatwoods, and bogs for conversion to agriculture 
and silviculture is well known. In the case of francisci, however, 
the extirpation of beavers from the Carolinas may have been the 
greatest factor.


    Beavers had been virtually eliminated from North Carolina by the 
turn of the century. Reintroductions began in 1939, but it was several 
decades before they again became an agent for creation of the sedge 
meadow habitats favored by Saint Francis' satyr (Hall 1993, Woodward 
and Hazel 1991). Hall further states:

    As the landscape mosaic of open woodlands and wetlands of the 
coastal plain declined throughout the past two centuries, the range 
of francisci must have become increasingly fragmented. Although 
isolated populations may have persisted as long as suitable habitat 
remained, the structure of their metapopulation would have been 
destroyed. Opportunistic colonization of newly available habitats as 
well as the repopulation of sites wiped clean by fire or other 
catastrophe would have become eventually impossible; one by one, the 
isolated remnants would have blinked out of existence. Although 
again speculative, the fracturing of metapopulations has been used 
to explain the decline of the arogos skipper and a number of 
butterflies associated with the tall-grass prairies (Panzer, 1988, 
D. Schweitzer, pers. comm.). That francisci was a relict to begin 
with only exacerbated this problem; the overall effect was to bring 
it as close to extinction as any butterfly in the country.

    The sole surviving population of this species is now fragmented 
into less than half a dozen small colonies that occupy a total area no 
larger than 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 
systematically collect every individual available. Several populations 
of the northern subspecies are known to have been obliterated by 
collectors, and others are believed extremely vulnerable to this threat 
(Refsnider 1991). As mentioned in the Background section, the single 
known population of Saint Francis' satyr was so hard-hit by collectors 
in the 3 years following its initial discovery that it was believed to 
have been collected to extinction. Subsequent to the emergency listing 
of the northern subspecies in 1991 (56 FR 28828) and prior to the 
publication of the emergency listing of Saint Francis' satyr, the North 
Carolina population was the last site where Neonympha mitchellii could 
legally be collected. Following the emergency listing of Mitchell's 
satyr, the North Carolina Natural Heritage Program received several 
inquiries from collectors about access to the last available 
population. Several expressed apprehension about any restriction on 
collecting of this rare and much-sought-after satyr. Collectors 
reportedly visited the known site every day throughout the flight 
periods, taking every adult they saw (Hall 1993). After this first wave 
of over-collection, many unsuccessful searches for the butterfly were 
made before it was eventually rediscovered. Numbers of individuals then 
seen were much lower than those reported by Parshall and Kral (1989), 
with the highest single count consisting of only 11 butterflies (Hall 
1993). Even though part of this population is protected from collectors 
by virtue of being within dangerous artillery impact areas on 
Department of Defense (DOD) land, intensive collecting from the 
periphery of these areas could reduce total population numbers below 
the levels needed for long-term survival. Very little is known about 
this species' life history and ecological requirements, but it appears 
to be a more vagile species than its northern relative. It may well be 
dependent upon a large metapopulation structure in order to colonize 
new sites or recolonize those from which it has been extirpated.
    C. Disease or predation. This butterfly, like others, is 
undoubtedly consumed by predators, but there is no evidence that 
predation is a threat to the species at this point. Disease is not 
known to be a factor in its decline.
    D. The inadequacy of existing regulatory mechanisms. Insects are 
not protected from collection under North Carolina law. There are also 
no DOD regulations that would restrict the collecting of Saint Francis' 
satyr in North Carolina. Federal listing of this species will provide 
legal protection against indiscriminate taking and illegal trade.
    E. Other natural or manmade factors affecting its continued 
existence. Although the habitat occupied by this species is dependent 
upon some form of disturbance to set back succession (e.g., periodic 
fire and/or beaver impoundments), intense fires at critical times 
during the life cycle of the species can eliminate small colonies. 
Historically, this would not have been a problem since there were 
undoubtedly other adjacent populations that could recolonize extirpated 
sites. However, the fact that only one population of this species now 
remains makes it more vulnerable to such threats as catastrophic 
climatic events, inbreeding depression, disease, and parasitism. Part 
of the occupied area is adjacent to regularly traveled roads, where 
there is the threat of toxic chemical spills into the species' wetland 
habitat. Current military use of the impact areas is 
[[Page 5266]] favorable to this species; the frequent fires associated 
with shelling are undoubtedly a principal reason why the species is 
surviving on military lands and not on surrounding private lands. DOD 
personnel are aware of the species' plight and have been cooperative in 
protection efforts. However, heavy siltation is a potential problem 
that could threaten the small drainages occupied by the species. 
Although troop movements directly through an area occupied by the satyr 
could have negative impacts, this has not occurred to date; these 
activities have now been directed away from areas where the satyr 
occurs. Other potential threats to the species include pest control 
programs (for mosquitoes or gypsy moths) and beaver control.
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by this species in determining to make this rule 
final. Based on this evaluation, the preferred action is to list Saint 
Francis' satyr as endangered. With only one population remaining (and 
this one having already been diminished by intensive collecting) and 
with the other subspecies having been completely eliminated from half 
the States where it historically occurred, the threat of over-
collection cannot be denied. The additional threats to the habitat from 
fire exclusion and the lack of other processes that formerly created 
suitable habitat make this species even more vulnerable to extinction. 
Critical habitat is not being designated for the reasons discussed 
below.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as: (i) the 
specific areas within the geographical area occupied by a species, at 
the time it is listed in accordance with the Act, on which are found 
those physical or biological features (I) essential to the conservation 
of the species and (II) that may require special management 
considerations or protection and; (ii) specific areas outside the 
geographical area occupied by a species at the time it is listed, upon 
a determination that such areas are essential for the conservation of 
the species. ``Conservation'' means the use of all methods and 
procedures needed to bring the species to the point at which listing 
under the Act is no longer necessary.
    Section 4(a)(3) of the Act 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. The 
Service finds that designation of critical habitat is not presently 
prudent for this species. Service regulations (50 CFR 424.12(a)(1)) 
state that designation of critical habitat is not prudent when or both 
of the following situations exist--(1) The species is threatened by 
taking or other human activity, and identification of critical habitat 
can be expected to increase the degree of threat to the species, or (2) 
such designation of critical habitat would not be beneficial to the 
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 the 
satyr 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 DOD is aware of its occurrence.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the 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 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 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)(2) requires Federal agencies to ensure that activities 
they authorize, fund, or carry out are not likely to jeopardize the 
continued existence of a listed 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 and fire suppression, and 
facilities construction. The only known population is located on 
military lands, where the DOD is already working with the Service to 
secure the protection and proper management of Saint Francis' satyr 
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.
    It is the policy of the Service, published in the Federal Register 
on July 1, 1994 (59 FR 34272), to identify to the maximum extent 
practicable at the time of listing those activities that would or would 
not constitute a violation of section 9 of the Act. The intent of this 
policy is to increase public awareness of the effect of the listing on 
proposed or ongoing activities within a species' range. Since Saint 
Francis' satyr is currently only found on DOD lands, and since the DOD 
is cooperating with the Service in protecting this species, there do 
not appear to be any current military activities that would likely be a 
violation of section 9.
    Taking the species for butterfly collections or for sale, such as 
has been done in the past, is prohibited. Possession of specimens 
legally acquired would not be a violation. The Service is not aware of 
any otherwise lawful activities being conducted or proposed by the 
public that will be affected by this listing and result in a violation 
of section 9. Questions [[Page 5267]] regarding whether specific 
activities will constitute a violation of section 9 should be directed 
to the Field Supervisor of the Service's Asheville Office (see 
ADDRESSES section).
    Permits may be issued to carry out otherwise prohibited activities 
involving endangered wildlife species under certain circumstances. 
Regulations governing permits are codified 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. Requests for copies of the 
regulations regarding listed wildlife and inquires about prohibitions 
and permits should be addressed to the U.S. Fish and Wildlife Service, 
Regional Permit Coordinator, 1875 Century Boulevard, Suite 200, 
Atlanta, Georgia 30345 (404/697-7110, facsimile 404/679-7081).

National Environmental Policy Act

    The Fish and Wildlife Service has determined that Environmental 
Assessments and Environmental Impact Statements, 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 (48 FR 49244).

References Cited

Hall, S. 1993. A rangewide status survey of Saint Francis's satyr 
Neonympha mitchellii francisci (Lepidoptera: Nymphalidae). Report to 
U.S. Fish and Wildlife Service, Endangered Species Field Office, 
Asheville, NC. 44 pp.
McAlpine, W., S. Hubble, and T. Pliske. 1960. The distribution, 
habits, and life history of Euptychia mitchellii (Satyrinae). J. 
Lep. Soc. 14:209-225.
Opler, P., and V. Malikul. 1992. A field guide to eastern 
butterflies. Houghton Miflin Co., New York.
Parshall, D. K., and T. W. Kral. 1989. A new subspecies of Neonympha 
mitchellii (French) (Satyrinae) from North Carolina. J. Lep. Soc. 
43:114-119.
Refsnider, R. 1991. Emergency rule to list the Mitchell's satyr as 
endangered. Federal Register 56(122):28825.
Schweitzer, D. 1989. A review of category 2 insects in the U.S. Fish 
and Wildlife Service's Regions 3, 4, and 5. Report to the U.S. Fish 
and Wildlife Service, Newton Corner, MA. Pp. 132-133.
Wilsman, L., and D. Schweitzer. 1991. A rangewide status survey of 
Mitchell's satyr, Neonympha mitchellii mitchellii (Lepidoptera: 
Nymphalidae). Report to the U.S. Fish and Wildlife Service, Region 
3, Endangered Species Office, Twin Cities, MN.
Woodward, D., and R. Hazel. 1991. Beavers in North Carolina; 
ecology, utilization, and management. Cooperative Extension Service 
Publication No. AG-434, North Carolina State University, Raleigh, 
NC.

Author

    The primary author of this final 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

    Accordingly, part 17, subchapter B of chapter I, title 50 of the 
Code of Federal Regulations, is amended as set forth below:

PART 17--[AMENDED]

    (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) Section 17.11(h) is amended 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   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                 *                   
         Insects                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                 *                   
Butterfly, Saint          Neonympha mitchellii     U.S.A. (NC)............  NA.....................  E               539E, 574           NA           NA
 Francis' satyr.           francisci.                                                                                                                   
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                 *                   
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: December 21, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-1982 Filed 1-25-95; 8:45 am]
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