[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Proposed Rules]
[Pages 21568-21571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9533]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2010-0026]
[MO 92210-0-0008-B2]


Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
a Petition to List the Harlequin Butterfly as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of petition finding and initiation of status review.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
90-day finding on a petition to list the harlequin butterfly (Atlantea 
tulita), a butterfly endemic to Puerto Rico, as endangered under the 
Endangered Species Act of 1973, as amended, and to designate critical 
habitat. Based on our review, we find that the petition presents 
substantial scientific or commercial information indicating that 
listing the harlequin butterfly may be warranted. Therefore, with the 
publication of this notice, we are initiating a review of the status of 
the species to determine if listing the harlequin butterfly is 
warranted. To ensure that the status review is comprehensive, we are 
requesting scientific and commercial data and other information 
regarding this species. Based on the status review, we will issue a 12-
month finding on the petition, which will address whether the 
petitioned action is warranted, as provided in section 4(b)(3)(B) of 
the Act.

DATES: To allow us adequate time to conduct this review, we request 
that you send us your information on or before June 25, 2010. Please 
note that if you are using the Federal eRulemaking Portal (see 
ADDRESSES section, below) the deadline for submitting an electronic 
comment is 11:59 p.m. Eastern Standard Time on this date.
    After June 25, 2010, you must submit information directly to the 
Field Office (see FOR FURTHER INFORMATION CONTACT section below). 
Please note that we might not be able to address or incorporate 
information that we receive after the above requested date.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. In 
the box that reads ``Enter Keyword or ID,'' enter the Docket number for 
this finding, which is FWS-R4-ES-2010-0026. Check the box that reads 
``Open for Comment/Submission,'' and then click the Search button. You 
should then see an icon that reads ``Submit a Comment.'' Please ensure 
that you have found the correct rulemaking before submitting your 
comment.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R4-ES-2010-0026; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222; Arlington, VA 22203.
    We will post all information received on http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Request for Information 
section below for more details).

FOR FURTHER INFORMATION CONTACT: Edwin Muniz, Field Supervisor, 
Caribbean Ecological Services Field Office, P.O. Box 491, Boqueron, PR 
00622; by telephone (787) 851-7297; or by facsimile (787) 851-7440. If 
you use a telecommunications device for the deaf (TDD) may call the 
Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Request for Information

    When we make a finding that a petition presents substantial 
information indicating that listing a species may be warranted, we are 
required to promptly review the status of the species (status review). 
For the status review to be complete and based on the best available 
scientific and commercial information, we request information on the 
harlequin butterfly from governmental agencies, Native American Tribes, 
the scientific community, industry, or any other interested parties. We 
seek information on:
    (1) The species' biology, range, and population trends, including:
    (a) Habitat requirements for feeding, breeding, and sheltering;
    (b) Genetics and taxonomy;
    (c) Historical and current range, including distribution patterns;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for the species or its 
habitat or both.
    (2) The factors that are the basis for making a listing 
determination for a species under section 4(a) of the Endangered 
Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.), which 
are:
    (a) The present or threatened destruction, modification, or 
curtailment of its habitat or range;

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    (b) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (c) Disease or predation;
    (d) The inadequacy of existing regulatory mechanisms; or
    (e) Other natural or manmade factors affecting its continued 
existence.
    (3) The potential effects of climate change on this species and its 
habitat.
    If, after the status review, we determine that listing the 
harlequin butterfly is warranted, we will propose critical habitat (see 
definition in section 3(5)(A) of the Act), under section 4 of the Act, 
to the maximum extent prudent and determinable at the time we propose 
to list the species. Therefore, within the geographical range currently 
occupied by the harlequin butterfly, we request data and information 
on:
    (1) What may constitute ``physical or biological features essential 
to the conservation of the species,''
    (2) Where these features are currently found, and
    (3) Whether any of these features may require special management 
considerations or protection.
    In addition, we request data and information on ``specific areas 
outside the geographical area occupied by the species'' that are 
``essential to the conservation of the species.'' Please provide 
specific comments and information as to what, if any, critical habitat 
you think we should propose for designation if the species is proposed 
for listing, and why such habitat meets the requirements of section 4 
of the Act.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Submissions merely stating support for or opposition to the action 
under consideration without providing supporting information, although 
noted, will not be considered in making a determination. Section 
4(b)(1)(A) of the Act directs that determinations as to whether any 
species is a threatened or endangered species must be made ``solely on 
the basis of the best scientific and commercial data available.''
    You may submit your information concerning this status review by 
one of the methods listed in the ADDRESSES section. If you submit 
information via http://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the 
website. If you submit a hardcopy that includes personal identifying 
information, you may request at the top of your document that we 
withhold this personal identifying information from public review. 
However, we cannot guarantee that we will be able to do so. We will 
post all hardcopy comments on http://www.regulations.gov.
    Information and supporting documentation that we received and used 
in preparing this finding is available for you to review at http://www.regulations.gov, or you may make an appointment during normal 
business hours at the U.S. Fish and Wildlife Service, Caribbean 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).

Background

    Section 4(b)(3)(A) of the Act (16 U.S.C. 1533(b)(3)(A)) requires 
that we make a finding on whether a petition to list, delist, or 
reclassify a species presents substantial scientific or commercial 
information indicating that the petitioned action may be warranted. We 
are to base this finding on information provided in the petition, 
supporting information submitted with the petition, and information 
otherwise available in our files. To the maximum extent practicable, we 
are to make this finding within 90 days of our receipt of the petition 
and publish our notice of the finding promptly in the Federal Register.
    Our standard for substantial scientific or commercial information 
within the Code of Federal Regulations (CFR) with regard to a 90-day 
petition finding is ``that amount of information that would lead a 
reasonable person to believe that the measure proposed in the petition 
may be warranted'' (50 CFR 424.14(b)). If we find that substantial 
scientific or commercial information was presented, we are required to 
promptly conduct a species status review, which we subsequently 
summarize in our 12-month finding.

Petition History

    On February 25, 2009, we received a petition dated February 24, 
2009, from Mr. Javier Biaggi-Caballero requesting that we list the 
harlequin butterfly as endangered and designate critical habitat under 
the Act. The petition clearly identified itself as such and included 
the requisite identification information for the petitioner, as 
required in 50 CFR 424.14(a). In an April 9, 2009, letter to the 
petitioner, we responded that we had received the petition. We stated 
that we would make a finding, to the maximum extent practicable within 
90 days, as to whether or not the petition presented substantial 
information. We have been unable to respond to the petition until now.
    In that letter, we also stated that if this initial finding 
concludes that the petition presents substantial information indicating 
that the requested action may be warranted, we must commence a review 
of the status of the species concerned. Section 4(b)(3)(B) of the Act 
gives us one year from the date we received the petition to determine 
whether the petitioned action is not warranted, warranted, or warranted 
but precluded; we must promptly publish notice of our finding in the 
Federal Register. At the conclusion of our status review, we will 
prepare and publish our 12-month finding on the petition to list the 
harlequin butterfly as endangered and, if warranted, designate critical 
habitat under the Act.

Previous Federal Actions

    There have been no previous Federal actions concerning this 
species.

Species Information

    The harlequin butterfly is endemic to the island of Puerto Rico and 
is one of the four species endemic to the Greater Antillean genus 
Atlantea (Biaggi-Caraballo 2009, p. 1). The species was described by 
German lepidopterist Dr. Herman Dewitz in 1877, from specimens 
collected by Dr. Leopold Krug in the municipality of Quebradillas, 
Puerto Rico.
    The harlequin butterfly has a wing span of about 2-2.5 inches (in) 
(6 centimeters (cm)) wide. Both female and male harlequin butterflies 
are similar in color patterns and size. This butterfly is brownish 
black at the dorsal area with deep orange markings and confused black 
markings at the half basal anterior wing. The posterior wing has a wide 
black border enclosing a set of reddish-bronze sub-marginal points. The 
ventral side of the anterior wing is similar to the dorsal anterior 
wing, and the posterior is black with orange basal spots and a complete 
postdiscal beige band with a band of reddish spots distally and sub-
marginal white half-moons. The costa, the most anterior (leading) edge 
of a wing, in males is gray and wide. Females are multivoltine 
ovopositors (produce several broods in a single season) (Biaggi-
Caraballo 2009, p. 2).
    The harlequin butterfly has only been observed utilizing the 
prickly bush (Oplonia spinosa) as its host plant (plant used for laying 
eggs and serves as a food source for the development of larvae). The 
chrysalis (the hard-shelled pupa of a butterfly) is also attached to 
dried twigs of the host plant (Biaggi-Caraballo 2009, p. 3). The adult 
butterflies feed from the nectars of the flowers available nearby but 
have not

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been observed feeding from the prickly bush.
    Currently, the harlequin butterfly is only known from one small 
colony in the municipality of Quebradillas, at the northern karst 
region of Puerto Rico (Biaggi-Caraballo 2009, p. 4). This colony is 
located in the Terranova-San Jose Ward, in Quebradillas, Puerto Rico. 
The species has been observed in a forest associated with the coastal 
cliffs of the area. Based on the information provided by the 
petitioner, census tracts yield no more than 50 adults on a given date 
(Biaggi-Caraballo 2009, p. 5). Larva counts are estimated to be around 
10-100 per census day, and the presence of more than one generation 
confirms its multivoltine nature. From July to December, the larva 
population is lower than the rest of the year.
    Carrion-Cabrera (2003, p. 40) states that the dispersion of the 
species is limited by the monophagus habit of the larvae (only utilizes 
the prickly bush). Additionally, the butterfly flies slowly and is weak 
and fragile; the species is considered sedentary (not able to move or 
disperse in a given environment) (Carrion-Cabrera 2003, p. 51).

Evaluation of Information for this Finding

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations at 50 CFR 424 set forth procedures for adding species to, 
or removing a species from, the Federal Lists of Endangered and 
Threatened Wildlife and Plants. 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) of the Act:
    (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (B) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (C) Disease or predation;
    (D) The inadequacy of existing regulatory mechanisms; or
    (E) Other natural or manmade factors affecting its continued 
existence.
    In making this 90-day finding, we evaluated whether information 
regarding threats to the harlequin butterfly, as presented in the 
petition and other information available in our files, is substantial, 
thereby indicating that the petitioned action may be warranted. Our 
evaluation of this information is presented below.

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

Information Provided in the Petition
    The petitioner asserts that development pressure and the 
construction of a residential development in the habitat of the 
harlequin butterfly is the main threat to the species. The petitioner 
also states that the habitat of the species has been modified by past 
developments of the city of Quebradillas, reducing the butterfly 
habitat to a tract north of State Road PR-2, and that future 
developments have been approved in the same area. Furthermore, these 
developments are endangering the prickly bush, the only host plant of 
the harlequin butterfly. The petitioner asserts that the construction 
of residential projects within the suitable habitat for the species 
will substantially affect the distribution and abundance of the 
harlequin butterfly as well as its habitat throughout its range.
Evaluation of Information Provided in the Petition and Available in 
Service Files
    Information in our files supports the petitioner's contention that 
the current habitat of the harlequin butterfly is currently threatened 
by the construction of residential and tourist development projects. 
According to the petitioner, the only area where the species currently 
occurs is in Terranova-San Jose Ward (Biaggi-Caraballo 2009, p. 4). 
This area is classified as a Zone of Tourist Interest (ZTI) in the land 
use maps of the Puerto Rico Planning Board for the municipality of 
Quebradillas. In the last 3 years, the Service has provided comments 
and technical assistance to local agencies on at least three proposed 
development projects within the Terranova and San Jose Wards; two 
projects, proposed within Terranova Ward, affected approximately 40.0 
acres (ac) (16 hectares (ha)), and another project, proposed within San 
Jose Ward, affected approximately 13.0 ac (5 ha). These projects are 
located within the area identified as suitable habitat for the species 
in the petition.
    Based on the information provided in the petition and available in 
our files, we conclude that the petitioner has presented substantial 
information to indicate that the present or threatened destruction or 
modification of habitat or range may present a significant threat to 
status of this species and its habitat.

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

    Neither the petition nor information in our files presents 
information indicating that overutilization of the harlequin butterfly 
for commercial, recreational, scientific, or educational purposes is a 
threat. Therefore, we find that the petition does not present 
substantial information to indicate that the overutilization for 
commercial, recreational, scientific, or educational purposes may 
present a threat to the harlequin butterfly. However, we intend to 
assess this factor more thoroughly during the status review for the 
species.

C. Disease or Predation

    Neither the petition nor information in our files presents 
information indicating that disease or predation is a threat to the 
harlequin butterfly. Therefore, we find that the petition does not 
present substantial information to indicate that disease or predation 
may present a threat to the harlequin butterfly. However, we intend to 
assess this factor more thoroughly during the status review for the 
species.

D. Inadequacy of Existing Regulatory Mechanisms

Information Provided in the Petition
    The petitioner claims that although the Department of Natural and 
Environmental Resources (DNER) for the Commonwealth of Puerto Rico 
included this species in the Commonwealth list of endangered species, 
development projects are still being approved within the habitat of the 
species. The petitioner also states that DNER, under the advice of the 
petitioner and researchers, began designation of critical habitat for 
the species under Puerto Rican law. The petitioner believes that 
without listing and designation of critical habitat under the Act, the 
continued existence of the harlequin butterfly is imminently 
threatened.
Evaluation of Information Provided in the Petition and Available in 
Service Files
    According to information in our files, the DNER designated the 
species as Critically Endangered under Commonwealth Law 241 and 
Regulation 6766 in July 2007 (DNER 2007, 42pp). According to Article 2 
of Regulation 6766, the designation as Critically Endangered prohibits 
any person to take the species, with the term `take' including harm, 
possess, transport, destroy, import or export individuals, nests, eggs 
or juveniles, without

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previous authorization from the Secretary of DNER. At the present time, 
the DNER has not designated critical habitat for the species under 
Regulation 6766. Therefore, the level of protection to the species' 
habitat is uncertain.
    Based on the information provided in the petition and available in 
our files, we conclude that the petitioner has presented substantial 
information to indicate that existing regulatory mechanisms may be 
inadequate to protect the habitat of the harlequin butterfly.

E. Other Natural or Manmade Factors Affecting the Species' Continued 
Existence

Information Provided in the Petition
    The petitioner asserts that the species is vulnerable to extinction 
due to low population numbers, restricted distribution (only one small 
colony), and monophagous habits, coupled with habitat alteration or 
loss. The petitioner also asserts that the species' habitat is 
threatened by fires associated with an illegal garbage dump on road PR-
4485.
    Carrion-Cabrera (2003, p. 60) conducted a species' survey of the 
harlequin butterfly, and observed only 235 individuals in 16 months of 
surveys (2 sample days per month), with a maximum of 50 individuals in 
a sample day (mean = 9 individuals per sample day). The petitioner 
asserts that with a low population and limited geographical area, 
coupled with habitat loss and pressure for development, the species may 
not be able to reach the minimum population mass to sustain a 
population in the wild and, therefore, is extremely vulnerable to 
extinction (Biaggi-Caballero 2009, p. 6).
Evaluation of Information Provided in the Petition and Available in 
Service Files
    Information in our files also suggests that the range of the 
harlequin butterfly is restricted to 10 small patches of habitat in the 
municipality of Quebradillas (Monzon-Carmona 2007, pp. 83-84). Small 
population size and range, compounded by threats to its habitat as 
discussed under Factor A, could threaten this species. In addition, we 
have no information in our files regarding the petitioner's claim that 
the species' habitat is threatened by fires associated with an illegal 
garbage dump on road PR-4485. Based on the information presented in the 
petition and available in our files, we find that the petition presents 
substantial information indicating that other natural or manmade 
factors in combination with other probable threats to the species 
habitat may pose a significant risk of extinction for the harlequin 
butterfly.

Finding

    On the basis of our evaluation of the information presented under 
section 4(b)(3)(A) of the Act, we have determined that the petition 
presents substantial scientific or commercial information indicating 
that listing the harlequin butterfly throughout its entire range may be 
warranted. This finding is based on information provided under Factor A 
(present or threatened destruction, modification, or curtailment of the 
species' habitat or range), Factor D (the inadequacy of existing 
regulatory mechanisms), and Factor E (other natural or manmade factors 
affecting the species' continued existence). Because we have found that 
the petition presents substantial information indicating the harlequin 
butterfly may be at risk of extinction now or in the foreseeable future 
and therefore listing under the Act may be warranted, we are initiating 
a status review to determine whether listing the harlequin butterfly 
under the Act is warranted.
    The ``substantial information'' standard for a 90-day finding 
differs from the Act's ``best scientific and commercial data'' standard 
that applies to a status review to determine whether a petitioned 
action is warranted. A 90-day finding does not constitute a status 
review under the Act. In a 12-month finding, we will determine whether 
a petitioned action is warranted after we have completed a thorough 
status review of the species, which is conducted following a 
substantial 90-day finding. Because the Act's standards for 90-day and 
12-month findings are different, as described above, a substantial 90-
day finding does not mean that the 12-month finding will result in a 
warranted finding.
    The petitioner requested that we designate critical habitat for 
this species. If we determine in our 12-month finding that listing the 
harlequin butterfly is warranted, we will address the designation of 
critical habitat at the time of the proposed rulemaking. The proposed 
rulemaking may be published concurrently with the 12-month finding or 
at a later date.

References Cited

    A complete list of references cited is available on the Internet at 
http://www.regulations.govand upon request from the Caribbean 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this notice are the staff members of the 
Caribbean Ecological Services Field Office (see FOR FURTHER INFORMATION 
CONTACT).

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: April 13, 2010
Rowan W. Gould
Acting Director, U.S. Fish and Wildlife Service
[FR Doc. 2010-9533 Filed 4-23-10; 8:45 am]
BILLING CODE 4310-55-S