[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
[[Page 15642]]
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;
[[Page 15643]]
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,
[[Page 15644]]
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