[Federal Register Volume 62, Number 63 (Wednesday, April 2, 1997)]
[Proposed Rules]
[Pages 15640-15646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8350]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE20


Endangered and Threatened Wildlife and Plants; Proposed 
Endangered Status for Blackburn's Sphinx Moth From the Hawaiian Islands

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes 
endangered status pursuant to the Endangered Species Act of 1973, as 
amended (Act), for Blackburn's sphinx moth (Manduca blackburni). This 
species was found on the Hawaiian islands of Kauai, Oahu, Molokai, 
Maui, and Hawaii, but is currently known only from one population on 
Maui. This moth has been affected or is currently threatened by one or 
more of the following; habitat degradation, introduced animals, and 
biological pest control. Due to its currently restricted distribution 
and small population size, this species is also threatened by naturally 
occurring events. This proposal, if made final, would implement the 
protection provisions provided by the Act for this moth.

DATES: Comments from all interested parties must be received by June 2, 
1997. Public hearing requests must be received by May 19, 1997.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to Robert P. Smith, Pacific Islands Ecoregion Manager, U.S. Fish 
and Wildlife Service, 300 Ala Moana Boulevard, Room 6307, P.O. Box 
50167, Honolulu, Hawaii 96850. Comments and materials received will be 
available for public inspection, by appointment, during normal business 
hours at the above address.

FOR FURTHER INFORMATION CONTACT: Robert P. Smith, at the above address 
(808/541-2749).

SUPPLEMENTARY INFORMATION:

Background

    The Hawaiian archipelago includes eight large volcanic islands 
(Niihau, Kauai, Oahu, Molokai, Lanai,

[[Page 15641]]

Kahoolawe, Maui, and Hawaii), as well as offshore islets, shoals, and 
atolls set on submerged volcanic remnants at the northwest end of the 
chain (the Northwestern Hawaiian Islands). Each island was built 
sequentially from frequent, voluminous basaltic lava flows (Stearns 
1985). The youngest island, Hawaii, is still volcanically active, and 
retains its form of coalesced (consolidated), gently sloping, 
unweathered shield volcanoes. Vulcanism on the older islands has long 
since ceased, with subsequent erosion forming heavily weathered valleys 
with steep walls, and well-developed streams and soils (Department of 
Geography 1983).
    This range of topographies creates a great diversity of climates. 
Windward (northeastern) slopes can receive up to 1,000 centimeters (cm) 
(400 inches (in.)) of rain per year, while some leeward coasts that lie 
in the rain shadow of the high volcanoes are classified as deserts, 
receiving as little as 25 cm (10 in.) of rain annually. The range of 
moisture regimes, combined with an elevational range from coastal (0-
300m (0-1000ft)) to alpine (over 3000 meters (m) (10,000 feet)(ft)) 
creates a diverse mosaic of natural plant communities, with nearly all 
of the world's plant formation types represented (Gagne and Cuddihy 
1990). These habitats and plant communities in turn support one of the 
most unique arthropod faunas in the world, with an estimated 10,000 
endemic species (Howarth 1990). Unusual characters of Hawaii's native 
arthropod fauna include the presence of relictual (remnant) groups, the 
absence of social insects such as ants and termites, generic endemism 
(the uniqueness of its genera), extremely small geographic ranges, 
large species radiations (significant divergence in species diversity 
from primary forms), novel (unusual) ecological shifts, flightlessness, 
and loss of certain antipredator behaviors (Zimmerman 1948; 1970; Simon 
et al. 1984; Howarth 1990).

Discussion of the Animal Taxon Included in This Proposed Rule

    Blackburn's sphinx moth (Manduca blackburni) is Hawaii's largest 
native insect, with a wingspan of up to 120 millimeters (mm) (5 in.). 
Like other sphinx moths (family Sphingidae) it has long, narrow 
forewings, and a thick, spindle-shaped body tapered at both ends. It is 
grayish brown in color, with black bands across the apical margins of 
the hind wings, and five orange spots along each side of the abdomen. 
The larva is a typical large ``hornworm'' caterpillar, with a spine-
like process on the dorsal (upper) surface of the eighth body segment. 
Caterpillars occur in two color forms, bright green, or a grayish 
morph. Both color morphs have scattered white speckles throughout the 
dorsum (back or top), with the lateral (side) margin of each body 
segment bearing a horizontal white stripe, and segments 4-10 bearing 
diagonal stripes on the lateral margins (Riotte 1986).
    Blackburn's sphinx moth was described by Butler in 1880 as 
Protoparce blackburni, and named in honor of the Reverend Thomas 
Blackburn who collected the first specimens. It was later synonymized 
with the tomato hornworm (Sphinx celeus Hubner = Sphinx 
quinquemaculatus Hawthorn) by Meyrick (1899), and then treated as a 
subspecies (blackburni) by Rothschild and Jordan (1903). Zimmerman 
(1958) placed both subspecies in the genus Phlegethontius. Riotte 
(1986) demonstrated that Blackburn's sphinx moth is a distinct taxon in 
the genus Manduca, endemic to the Hawaiian Islands, and reinstated it 
as a full species, Manduca blackburni. D'Abrera (1986) tentatively 
considered Manduca blackburni to be a synonym of Manduca 
quinquemaculata, but subsequent authors (Nishida 1992; Howarth and Mull 
1992) have disagreed with this view, and the findings of Riotte (1986) 
are accepted here. Several different common names have also been used 
for this species, including the tomato hawk-moth (Swezey 1924b), 
tobacco horn worm (Browne 1941), the Hawaiian tobacco worm (Timberlake 
et al. 1921; Swezey 1931), the Hawaiian tomato hornworm (Fullaway and 
Krauss 1945; Zimmerman 1958), the Blackburn hawk moth (Hawaiian 
Entomological Society (HES) 1990; Howarth and Mull 1992), and 
Blackburn's sphinx moth (49 FR 21664). In order to avoid the confusion 
of these common names inconsistently associated with different 
scientific names, and because the name ``Blackburn's sphinx moth'' has 
been used before in the Federal Register, that name is used here.
    In Hawaii, Blackburn's sphinx moth can be confused with other large 
moths. Adult Blackburn's sphinx moths can be distinguished from the 
related sweetpotato hornworm (Herse cingulata) by the orange rather 
than white dorsal spots on the abdomen with black borders on both the 
anterior (front) and posterior (rear) margins of each segment, and the 
broader, marginal black band on the hind wing. Blackburn's sphinx moth 
is closely related to the North American tomato hornworm (Manduca 
quinquemaculata) and has been confused with this species. The larvae of 
Blackburn's sphinx moth differ from those of the tomato hornworm and 
tobacco hornworm (Manduca sexnotata) by having two dark longitudinal 
stripes on the head capsule. Adults of Blackburn's sphinx moth can be 
distinguished from the tomato hornworm and tobacco hornworm by the 
presence of crescent-shaped white markings along the inner border of 
the black bands on the forewing.
    Larvae of Blackburn's sphinx moth feed on plants in the nightshade 
family (Solanaceae). The natural host plants are native shrubs in the 
genus Solanum (popolo), and endemic trees in the genus Nothocestrum 
('aiea) (Riotte 1986). Larvae voraciously consume leaves, stems, 
flowers and buds of these plants (Betsy Gagne, Hawaii Department of 
Land and Natural Resources, pers. comm., 1994). Several other host 
plants recorded for this species are not native to the Hawaiian 
Islands, and include Nicotiana tabacum (commercial tobacco), Nicotiana 
glauca (tree tobacco), Solanum melongena (eggplant), Lycopersicon 
esculentum (tomato), and possibly Datura stramonium (Jimson weed) 
(Riotte 1986). Development from egg to adult can take as little as 56 
days (Williams 1947), but pupae may aestivate (lay dormant) in the soil 
up to a year (Williams 1931; B. Gagne, pers. comm., 1994). Adult moths 
can be found throughout the year, but seem to be most active during two 
periods, January to April, and July to October (Riotte 1986).
    Blackburn's sphinx moth has been recorded from the islands of 
Kauai, Oahu, Molokai, Maui, and Hawaii, and collected from sea level to 
760 m (2,500 ft) elevation. Most historical records were from coastal 
or dryland forest habitats in areas receiving less than 120 cm (50 in.) 
annual rainfall. On the island of Kauai, Blackburn's sphinx moth was 
recorded only from the coastal area of Nawiliwili. Populations were 
known from Honolulu, Honouliuli, and Makua on leeward Oahu, and Kamalo, 
Mapulehu, and Keopu on Molokai. On Hawaii, it was known from Hilo, 
Pahala, Kalaoa, Kona, and Hamakua. It appears that this moth was 
historically most common on Maui, where it was recorded from Kahului, 
Spreckelsville, Makena, Wailuku, Kula, Lahaina, and ``West Maui.'' It 
is now known only from a single population on Maui.
    Very few specimens of this species have been seen since 1940, and 
after a concerted effort by staff at the B.P. Bishop Museum to relocate 
this species in the late 1970's, it was considered to

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be extinct (Gagne and Howarth 1985; 49 FR 21664). In 1984, a single 
population was discovered at Kanaio on East Maui. The population is 
located on State-owned land, which includes a natural area reserve and 
an area used by the Hawaii National Guard for military training. 
Between 1986 and 1991, a total of six specimens were taken in light 
traps at Kokomo, Maui, 16 kilometers (km) (10 miles (mi)) from Kanaio. 
This may indicate the presence of an additional population (P. Conant, 
Hawaii Department of Agriculture, pers. comm., 1994), although adult 
moths are strong fliers and these specimens could have originated at 
the Kanaio population. Larvae have been observed feeding on 
Nothocestrum latifolium ('aiea) and tree tobacco (Howarth, Bishop 
Museum, in litt., 1994), but the number of larvae and adults produced 
each year is unknown. While Blackburn's sphinx moth will colonize and 
utilize alien (non-native) plants for development, the only persistent 
population is associated with species of Nothocestrum, and it is 
believed that these host plant populations are a requirement for the 
existence of this moth (B. Gagne, pers. comm. 1994).
    The major threats to this species are predation by alien 
parasitoids and ants, habitat degradation through the loss of its 
natural host plant, and due to the single existing population, 
extinction by a naturally occurring event. Blackburn's Sphinx moth is 
also susceptible to over-collecting by private and commercial 
collectors. These threats will be discussed in detail in the ``Summary 
of Factors Affecting this Species'' section.

Previous Federal Action

    An initial comprehensive notice of review for invertebrate animals 
was published May 22, 1984 (49 FR 21664), in which Blackburn's sphinx 
moth was considered a category 3A taxon. The Category 3A taxa 
classification that existed at that time were those species for which 
the Service had persuasive evidence of extinction. The Service 
published an updated notice of review for animals on January 6, 1989 
(54 FR 554). Although Blackburn's sphinx moth had been rediscovered by 
1985, the 1989 notice of review again listed this taxon as category 3A. 
In the November 15, 1994, notice of review for animals (59 FR 59020) 
this species was reclassified as a C1 or a candidate species for 
listing and was maintained as a candidate in the most recent notice of 
review published on February 28, 1996 (61 FR 7596).
    The processing of this proposed rule conforms with the Service's 
final Fiscal Year 1997 listing priority guidance published in the 
Federal Register on December 5, 1996, (61 FR 64475).

Summary of Factors Affecting This Species

    Section 4 of the Endangered Species Act 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 Lists. 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 Blackburn's sphinx moth (Manduca 
blackburni (Butler)) are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. Despite the fact that Blackburn's 
sphinx moth can feed on a variety of solanaceous plants, including 
alien weeds in disturbed areas, the only persistent population is 
associated with the native tree, Nothocestrum latifolium, which is 
believed to be required for the survival of this species. Nothocestrum 
is an endemic genus of four species confined to the Hawaiian islands 
(Symon 1990). All four species, Nothocestrum latifolium, N. 
breviflorum, N. longifolium and N. peltatum occur in dry to mesic 
(medium moisture supply) forests, the habitat in which Blackburn's 
sphinx moth has been most frequently recorded. This dry forest habitat 
has been severely degraded due to past and present land management 
practices including ranching, deliberate introduction of alien plants 
and animals, and agricultural development (Cuddihy and Stone 1990). Due 
to these factors, Nothocestrum peltatum on Kauai and N. breviflorum on 
Hawaii are now federally listed as endangered species (59 FR 3904; 59 
FR 55770). Nothocestrum latifolium occurs on Kauai, Oahu, Molokai, 
Lanai, and Maui. Although it is not presently a protected species, it 
is declining and uncommon on all these islands (Hawaiian Heritage 
Program (HHP) 1993; Medeiros et al. 1993). The stand of trees at 
Kanaio, one of the largest in the State (Medeiros et al. 1993), may be 
the reason it still supports a population of Blackburn's sphinx moth 
(Art Medeiros, National Biological Survey, pers. comm., 1994).
    Although Nothocestrum latifolium presently occurs at moderate 
densities at Kanaio (HHP 1993), there has been a complete lack of 
seedling survival (Medeiros et al. 1993) and the stand is being 
degraded by goats (Capra hircus) (Medeiros et al. 1993; F.G. Howarth, 
pers. comm., 1994; Stephen L. Montgomery, Hawaii Conservation Council, 
pers. comm., 1994). Goats have played a major role in the destruction 
of dryland and mesic forests on the Hawaiian islands (Stone 1985; van 
Riper and van Riper 1982).
    Bocconia frutescens (tree poppy) is an alien shrub/tree that is 
spreading at Kanaio. Tree poppy was first discovered in the Hawaiian 
Islands in 1920 and is now established in dry forests on Maui and mesic 
forests on Hawaii (Medeiros et al. 1993). This fast growing shrub, the 
seeds of which are dispersed by fruit-eating birds, threatens the host 
plant of Blackburn's sphinx moth primarily through displacement and 
shading of immature plants (Medeiros et al. 1993; B. Gagne, pers. 
comm., 1994). Bocconia frutescens has been designated as a noxious weed 
for eradication and/or control by the Hawaiian Department of 
Agriculture (Medeiros et al. 1993).
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. Rare butterflies and moths are highly prized by 
collectors (Morris et al. 1991), who often take all individuals 
obtainable (59 FR 18350; USDJ, in litt. 1993). Unrestricted collecting 
and handling for scientific purposes are known to impact populations of 
other species of rare Lepidoptera (butterflies and moths) (Murphy 1988) 
and are considered significant threats to Blackburn's sphinx moth. 
There are examples of rewards being offered for specimens of other rare 
Hawaiian sphinx moths such as Tinostoma smargditis (Zimmerman 1958) and 
high prices paid for very rare specimens (Morris et al. 1991). Large 
scale poaching rings dealing in rare and endangered Lepidopterans have 
been investigated by the Department of Justice resulting in the 
indictment of several individuals (USDJ, in litt. 1993). Specimens of 
Blackburn's sphinx moth have already been secured and traded by 
collectors (David Preston, B.P. Bishop Museum, pers. comm., 1994).
    C. Disease and predation. The geographic isolation of the Hawaiian 
Islands has restricted the number of naturally colonizing arthropods 
and resulted in the development of an unusual fauna. An unusually small 
number (15 percent) of the known families of insects are represented by 
native Hawaiian species. Some groups that often dominate continental 
arthropod faunas, such as social Hymenoptera (group nesting ants, bees, 
and wasps), are entirely absent from the native Hawaiian fauna (Howarth 
1990). Commercial shipping and air cargo to Hawaii has resulted in the 
establishment of over 2,500 species of alien arthropods (Howarth 1990;

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Howarth et al. 1994), with a continuing establishment rate of 10-20 new 
species per year (Beardsley 1962; 1979). In addition to the accidental 
establishment of alien species, alien predators and parasites used for 
biological control of pests have been purposefully imported and 
released by individuals, Republic, Territorial, State, and Federal 
agencies, since 1865. Between 1890 and 1985, 243 alien species were 
introduced, sometimes with the specific intent of reducing populations 
of native Hawaiian insects (Funasaki et al. 1988; Lai 1988). Alien 
arthropods, whether purposefully introduced or adventive 
(opportunistically introduced), pose the most serious threat to 
Hawaii's native insects through direct predation and parasitism, as 
well as competition for food or space (Howarth and Medeiros 1989; 
Howarth and Ramsay 1991).
    Ants are not a natural component of Hawaii's arthropod fauna, and 
endemic insect species evolved in the absence of predation pressure 
from ants (Reimer 1993). Ants can be particularly destructive predators 
because of their high densities, recruitment behavior (ability to 
recruit other individuals to exploit a food source), aggressiveness, 
and broad range of diet (Reimer 1993). Ants are known to affect prey 
populations independent of prey density, and can locate and destroy 
isolated individuals and populations (Nafus 1993a). At least 36 species 
of ants are known to be established in the Hawaiian Islands, and three 
particularly aggressive species have had severe effects on the native 
insect fauna (Zimmerman 1948).
    By the late 1870's, the big-headed ant (Pheidole megacephala) was 
present in Hawaii and its predation on native insects was noted by 
Perkins (1913), ``It may be said that no native Hawaiian Coleoptera 
insect can resist this predator, and it is practically useless to 
attempt to collect where it is well established. Just on the limits of 
its range one may occasionally meet with a few native beetles, e.g. 
species of Plagithmysus, often with these ants attached to their legs 
and bodies, but sooner or later they are quite exterminated from these 
localities.'' With few exceptions, native insects, including most 
moths, have been eliminated from areas where the big-headed ant is 
present (Perkins 1913; Gagne 1979; Gillespie and Reimer 1993). This 
predator generally does not occur at elevations higher than 600 m 
(2,000 ft), and is also restricted by rainfall, rarely being found in 
particularly dry (less than 38-50 cm (15-20 in.) annually) or wet areas 
(more than 250 cm (100 in.) annually) (Reimer et al. 1990). It has been 
observed predating on eggs and all instars (developmental stages) of 
native Lepidoptera caterpillars, and can completely exterminate 
populations (Illingworth 1915; Zimmerman 1958). This ant occurs at 
Kanaio (Medeiros et al. 1993) and is a direct threat to the population 
of Blackburn's sphinx moth.
    The Argentine ant (Iridomyrmex humilis) was discovered on the 
island of Oahu in 1940 (Zimmerman 1941) and is now established on all 
the main islands. Unlike the big-headed ant, the Argentine ant is 
primarily confined to elevations greater than 600 m (2,000 ft) in areas 
of moderate rainfall (Reimer et al. 1990). This species has been 
demonstrated to reduce, or even eliminate populations of native 
arthropods, including Lepidopterans, at high elevations in Haleakala 
National Park on Maui (Cole et al. 1992). In the Kula area of Maui, 
within 6 km (10 mi) of the population of Blackburn's sphinx moth 
population, Argentine ants have been shown to be significant predators 
on fruit flies (Wong et al. 1984).
    The long-legged ant (Anoplolepis longipes) appeared in Hawaii in 
1952 and now occurs on Oahu, Maui, and Hawaii (Reimer et al. 1990). It 
inhabits low elevation (less than 600 m (2,000 ft)), rocky areas of 
moderate rainfall (less than 250 cm (100 in.) annually) (Reimer et al. 
1990). Direct observations indicate that Hawaiian arthropods are 
susceptible to predation by this species (Gillespie and Reimer 1993) 
and Hardy (1979) documented the disappearance of most native insects 
from Kipahulu Stream on Maui after the area was invaded by the long-
legged ant.
    At least two species of fire ants, Solenopsis geminita and 
Solenopsis papuana, are also important threats to native Hawaiian fauna 
(Reagan 1986; Gillespie and Reimer 1993) and occur on all the major 
islands (Reimer et al. 1990). Ants, including the fire ant, are 
considered to be the most important and consistent mortality factor on 
eggs and probably larvae of the butterfly Hypolimnas bolina in Guam, 
where both predator and prey are native (Nafus 1993a; 1993c). S. 
geminita is also known to be a significant predator on pest fruit flies 
in Hawaii (Wong and Wong 1988). S. papuana is the only abundant, 
aggressive ant that has successfully invaded intact mesic forest above 
600 m (2,000 ft) and is still expanding its range in Hawaii (Reimer 
1993).
    Hawaii also has a limited fauna of native Hymenoptera parasitoids. 
Only two species in the family Braconidae are native to the islands 
(Beardsley 1961) and neither are known to attack Blackburn's sphinx 
moth. In contrast, species of Braconidae are common parasitoids on the 
larvae of the tobacco hornworm and the tomato hornworm in North America 
(Gilmore 1938). There are now at least 74 alien species, in 41 genera, 
of braconid wasps established in Hawaii, at least 35 species of which 
were purposefully introduced as biological control agents (Nishida 
1992). Most species of alien Braconidae and Ichneumonidae wasps that 
are parasitic on Lepidoptera are not host specific, but attack the 
caterpillars or pupae of a variety of moths (Zimmerman 1945; 1978; 
Funasaki et al. 1988). These wasps have become the dominant larval 
parasitoids of Hawaii even in intact, high elevation, native forest 
areas (Zimmerman 1948; Howarth et al. 1994). Wasps eggs are laid in the 
eggs or caterpillars of Lepidoptera and upon hatching the larvae 
consume internal tissues of the larvae, eventually destroying the host. 
At least one species established in Hawaii, Hyposeter exiguae, is known 
to attack the tobacco hornworm and the tomato hornworm in North America 
(Carlson 1979). This species has been recorded from all the main 
islands except Lanai (Nishida 1992) and was recorded parasitizing the 
lawn armyworm (Spodoptera maurita) on Nicotiana glauca (tree tobacco) 
at Spreckelsville, Maui, an alternate host at an historical locality of 
Blackburn's sphinx moth (Swezey 1927).
    The rarity of Blackburn's sphinx moth has precluded direct 
documentation of alien braconid and ichneumonid wasps as parasites, but 
given the abundance and host breadth of the wasps, they are considered 
significant threats to this species (Howarth 1983; Gagne and Howarth 
1985; Howarth et al. 1994; F.G. Howarth, pers. comm., 1994).
    Small wasps in the family Trichogrammatidae parasitize insect eggs, 
with numerous adults sometimes developing within a single host egg. The 
taxonomy of this group is confusing, and it is unclear if Hawaii has 
any native species (Nishida 1992; Jack Beardsley, University of Hawaii, 
pers. comm. 1994). Several alien species are established in Hawaii 
(Nishida 1992) including Trichogramma minutum, which is known to attack 
the sweet potato hornworm in Hawaii (Fullaway and Krauss 1945). In 
1929, the wasp Trichogramma chilonis was introduced in Hawaii as a 
biological control agent for the Asiatic rice borer (Chilo 
suppressalis) (Funasaki et al. 1988). This wasp parasitizes the eggs of 
a variety of Lepidoptera in Hawaii, including sphinx moths (Funasaki et 
al. 1988). Williams (1947) found 70% of the eggs of Blackburn's sphinx 
moth to be parasitized by a Trichogramma wasp,

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probably T. chilonis. Over 80% of the eggs of the alien grass webworm 
(Herpetogramma licarsisalis) in Hawaii are parasitized by these wasps 
(Davis 1969). In Guam, Trichogramma chilonis effectively limits 
populations of the sweetpotato hornworm (Nafus and Schreiner 1986), 
which is considered to be under complete biological control by this 
wasp in Hawaii (Lai 1988). While this wasp probably affects Blackburn's 
sphinx moth in a density dependent manner, the level of parasitism 
varying with the density of the host (Nafus 1993a), and is 
theoretically unlikely to directly cause extinction of a population or 
the species, the availability of more abundant, widespread alternate 
hosts (any other lepidopteran eggs) may allow for the extirpation of 
Blackburn's sphinx moth by this or other egg parasites as part of 
broader host base (Tothill et al. 1930; Howarth 1991; Nafus 1993b).
    Hawaii has no native parasitic flies in the family Tachinidae 
(Nishida 1992). Two species of tachinid flies, Lespesia archippivora 
and Chaetogaedia monticola, were purposefully introduced to Hawaii for 
biological control of armyworms (Funasaki et al. 1988; Nishida 1992). 
These flies lay their eggs externally on caterpillars, and upon 
hatching, the larvae burrow into the host, attach to the inside surface 
of the cuticle, and consume the soft tissues (Etchegaray and Nishida 
1975b). In North America, Chaetogaedia monticola is known to attack at 
least 36 species of Lepidoptera in eight families, including Sphinx 
moths. Lespesia archippivora is known to attack Sphinx moths in 
addition to over 60 other species of Lepidoptera in 13 families (Arnaud 
1978). These species have been recorded to attack a variety of 
Lepidoptera in Hawaii and are believed to depress populations of at 
least two native species of moths (Lai 1988). Over 40% of the 
caterpillars of the monarch butterfly (Danaus plexippus) on Oahu are 
parasitized by Lespesia archippivora (Etchegaray and Nishida 1975a) and 
the introduction of a related species to Fiji resulted in the 
extinction of a native moth there (Tothill et al. 1930; Howarth 1991). 
Both these species occur on Maui and are direct threats to Blackburn's 
sphinx moth.
    D. The inadequacy of existing regulatory mechanisms. The single 
known population of this moth occurs on State owned land. Federal 
listing would automatically invoke listing under Hawaii State law, 
which prohibits taking and encourages conservation by State Government 
agencies. State regulations prohibit the removal, destruction, or 
damage of animals found on State lands. However, the regulations are 
difficult to enforce because of limited personnel. Hawaii's Endangered 
Species Act (HRS, Sect. 195D-4(a)) states, ``Any species of aquatic 
life, wildlife, or land plant that has been determined to be an 
endangered species pursuant to the [Federal] Endangered Species Act 
shall be deemed to be an endangered species under the provisions of 
this chapter and any indigenous species of aquatic life, wildlife, or 
land plant that has been determined to be a threatened species pursuant 
to the [Federal] Endangered Species Act shall be deemed to be a 
threatened species under the provisions of this chapter.'' Further, the 
State may enter into agreements with Federal agencies to administer and 
manage any area required for the conservation, management, enhancement, 
or protection of endangered species (HRS, Sect. 195D-5(c)). Funds for 
these activities could be made available under section 6 of the Federal 
Act (State Cooperative Agreements). Listing of this animal species will 
therefore reinforce and supplement the protection available under State 
law.
    Alien predatory and parasitic insects are the primary cause of the 
reduction in range and abundance of Blackburn's sphinx moth, and are 
the most serious present threat to its continued existence. Some of 
these alien species have been purposefully introduced by the State of 
Hawaii's Department of Agriculture or other agricultural agencies 
(Funasaki et al. 1988) and importations and augmentations of 
lepidopteran parasitoids continues. Presently, there are no Federal 
statutes that specifically require biocontrol agents to be reviewed 
before they are introduced. The limited Federal review process is based 
on other related Federal statutes, primarily quarantine acts, 
registration acts, and protective acts for endangered species. These 
statutes have substantial limitations as tools for regulating 
biological control agents (Miller and Aplet 1993). Although the State 
of Hawaii requires that new introductions are reviewed before release 
(HRS Chapt. 150A), post-release biology and host range cannot be 
predicted from laboratory studies (Gonzalez and Gilstrap 1992; Roderick 
1992) and the intentional release or augmentation of any lepidopteran 
predator or parasitoid is a potential threat to Blackburn's sphinx moth 
(Gagne and Howarth 1985; Simberloff 1992).
    E. Other natural or manmade factors affecting its continued 
existence. Alien predators and parasitoids and the loss of its host 
plant have extirpated all populations of this moth at lower elevations 
and in more mesic areas. Thus, if the Kanaio population is severely 
reduced in size there is now no potential for recolonization or 
``rescue'' (Brown and Kodric-Brown 1977) of the remaining population by 
immigrants (Arnold 1983). The single population of Blackburn's sphinx 
moth increases the potential for extinction from naturally occurring 
events. Isolated, random events such as hurricanes, landslides and 
fires could result in extinction of this species if the single 
population site is affected.
    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 propose this 
rule. Based on this evaluation, the preferred action is to list 
Blackburn's sphinx moth (Manduca blackburni) as endangered. This 
species is threatened by habitat degradation through loss of its native 
host plant and by predation from ants and alien parasitoid wasps. The 
single extant (existing) population of this species makes it 
susceptible to extinction from naturally occurring events. This species 
is in danger of extinction throughout all of its range, and therefore 
the preferred action is to list the Blackburn's sphinx moth as 
endangered.
    Critical habitat is not being proposed for this species, for 
reasons discussed in the ``Critical Habitat'' section of this rule.

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, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, the Secretary designate critical habitat at the time 
the species is determined to be endangered or threatened. The Service 
finds that designation of critical habitat is not prudent for 
Blackburn's sphinx moth at this time. Service regulations (50 CFR

[[Page 15645]]

424.12(a)(1)) state that designation of critical habitat is not prudent 
when one 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.
    The listing of this species under the Act publicizes the rarity of 
this moth and, thus, can make it attractive to researchers and/or 
collectors of rare Lepidoptera. In light of the existence of dealers in 
rare and endangered Lepidopterans (USDJ in litt. 1993), Federal 
Register publication of maps with precise locations and descriptions of 
critical habitat, as required for the designation of critical habitat, 
would increase the degree of threat to this moth from take by 
collectors and could contribute to its decline.
    All involved parties including the major landowners have been 
notified of the importance of protecting the habitat of the remaining 
population of this species. Protection of the habitat of the species 
will also be addressed through the Act's recovery process and section 7 
consultation process. Part of the single remaining population of this 
moth is located on State lands utilized for military training of the 
Hawaii National Guard. The Department of Defense is aware of the 
species' occurrence on the site and is required to consult with the 
Service to ensure that any actions that it authorizes, funds or carries 
out do not jeopardize the continued existence of the species. 
Therefore, the Service finds that designation of critical habitat for 
this species is not prudent at this time, because such designation 
would increase the degree of threat from collecting and would provide 
no additional benefit to the species.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Endangered Species Act include recognition, 
recovery actions, requirements for Federal protection, and prohibitions 
against certain practices. Recognition through listing results in 
public awareness and conservation actions by Federal, State, and local 
agencies, private organizations, 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 
taking and harm 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. 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 with the 
Service on any action that is likely to jeopardize the continued 
existence of a species proposed for listing or result in destruction or 
adverse modification of proposed critical habitat. If a species is 
listed subsequently, section 7(a)(2) requires Federal agencies to 
insure that activities they authorize, fund, or carry out are not 
likely to jeopardize the continued existence of the species or 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.
    Part of the single remaining population of this moth is located on 
State land utilized for military training of the Hawaii National Guard. 
Federally supported activities that could affect Blackburn's sphinx 
moth and its habitat in the future include, but are not limited to, the 
following; release or augmentation of biological control agents, road 
and firebreak construction, troop movements, and fire resulting from 
the use of live ammunition. Conservation of this moth is consistent 
with most ongoing operations at the occupied site, and the proposed 
listing of the species is not expected to result in significant 
restrictions on military use of the land, or insect pest control in 
Hawaii.
    The Act and its implementing regulations set forth a series of 
general trade prohibitions and exceptions that apply to all endangered 
wildlife. The prohibitions, codified at 50 CFR 17.21, 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, 
capture, or collect; or attempt any of these), import or export, ship 
in interstate commerce in the course of commercial activity, or sell or 
offer for sale in interstate or foreign commerce, any listed species. 
It is also 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 prohibited activities 
involving endangered wildlife 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 the course of 
otherwise lawful activities.
    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 a species is listed 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 this 
listing on proposed and ongoing activities within the species' range. 
The Service believes that, based on the best available information, the 
following action will not result in a violation of section 9:
    (1) Possession, delivery, or movement, including interstate 
transport and import into or export from the United States, involving 
no commercial activity, dead specimens of this taxon that were 
collected prior to the date of publication in the Federal Register of a 
final regulation adding this taxon to the list of endangered species.
    Potential activities involving Blackburn's sphinx moth that the 
Service believes will likely be considered a violation of section 9 
include, but are not limited to, the following:
    (1) Collection of specimens of this taxon for private possession or 
deposition in an institutional collection;
    (2) Sale or purchase of specimens of this taxon, except for 
properly documented antique specimens of this taxon at least 100 years 
old, as defined by section 10(h)(1) of the Act;
    (3) Unauthorized use of chemical insecticides that take Blackburn's 
sphinx moth in violation of label restrictions;
    (4) The unauthorized release of biological control agents which 
attack any life stage of this taxon, and;
    (5) The removal or destruction of the native host plant, defined as 
any species in the genus Nothocestrum, within areas occupied by this 
taxon.
    Questions regarding whether specific activities will constitute a 
violation of section 9 should be directed to the Field Supervisor of 
the Service's Pacific Islands Office (see ADDRESSES section). Requests 
for copies of the regulations concerning listed animals and inquiries 
regarding prohibitions and permits may be addressed to the U.S. Fish 
and Wildlife Service, Ecological Services, Endangered Species Permits, 
911 N.E. 11th Avenue, Portland, Oregon, 97232-4181 (telephone 503/231-
2063; facsmile 503/231-6243).

[[Page 15646]]

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 
threat (or lack thereof) to 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 regulations 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 one or more public hearings 
on this proposal, if requested. Requests must be received within 45 
days of the date of publication of the proposal in the Federal 
Register. Such requests must be made in writing and be addressed to the 
Ecoregion Manager (See ADDRESSES section).

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).

Required Determinations

    The Service has examined this regulation under the Paperwork 
Reduction Act of 1995 and found it to contain no information collection 
requirements. This rulemaking was not subject to review by the Office 
of Management and Budget under Executive Order 12866.

References Cited

    A complete list of all references cited herein, as well as 
others, is available upon request from the Pacific Islands Office 
(see ADDRESSES above).

    Author: The primary author of this document is Adam Asquith, 
Ecological Services, Pacific Islands Ecoregion, U.S. Fish and Wildlife 
Service, 300 Ala Moana Boulevard, Room 6307, P.O. Box 50167, Honolulu, 
Hawaii 96850 (808/541-3441).

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

    Accordingly, the Service hereby proposes to amend part 17, 
subchapter B of chapter I, title 50 of the Code of Federal Regulations, 
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) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                    Vertebrate                                                           
--------------------------------------------------------                        population where                                  Critical     Special  
                                                            Historic range       endangered or         Status      When listed    habitat       rules   
           Common name                Scientific name                              threatened                                                           
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
             Insects                                                                                                                                    
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Moth, Blackburn's Sphinx.........  Manduca blackburni..  U.S.A. (HI)........  NA.................  E                        NA           NA           NA
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: February 12, 1997.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 97-8350 Filed 4-1-97; 8:45 am]
BILLING CODE 4310-55-P