[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Proposed Rules]
[Pages 72622-72625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28553]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2013-0107;450 003 0115]


Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
a Petition To List 11 Tarantula Species in the Genus Poecilotheria as 
Endangered or Threatened

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 11 tarantula species in the genus 
Poecilotheria as endangered or threatened species under the Endangered 
Species Act of 1973, as amended (Act). Based on our review, we find 
that the petition presents substantial scientific and commercial 
information indicating that listing these species may be warranted. 
Therefore, with the publication of this notice, we are initiating a 
review of the status of these species to determine if listing these 11 
species is warranted. To ensure that this status review is 
comprehensive, we request scientific and commercial data and other 
information regarding these species. At the conclusion of this review, 
we will issue a 12-month finding on the petition, as provided in 
section 4(b)(3)(B) of the Act.

DATES: To allow us adequate time to conduct this review, we request 
that we receive information on or before February 3, 2014. After this 
date, you must submit information directly to the office listed in the 
FOR FURTHER INFORMATION CONTACT section below. Please note that we may 
not be able to address or incorporate information that we receive after 
the above requested date.

ADDRESSES: You may submit information by one of the following methods:
     Electronically: Go to the Federal eRulemaking Portal: 
http://www.regulations.gov. In the Search field, enter Docket No. FWS-
HQ-ES-2013-0107, which is the docket number for this action. Then click 
on the Search button. You may submit information by clicking on 
``Comment Now!'' If your information will fit in the provided comment 
box, please use this feature of http://www.regulations.gov, as it is 
most

[[Page 72623]]

compatible with our information review procedures. If you attach your 
information as a separate document, our preferred file format is 
Microsoft Word. If you attach multiple pieces of information, our 
preferred format is a spreadsheet in Microsoft Excel.
     By hard copy: U.S. mail or hand-delivery: Public Comments 
Processing, Attn: FWS-HQ-ES-2013-0107, Division of Policy and 
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax 
Drive, MS 2042-PDM; Arlington, VA 22203.
    We will not accept information by email or fax. We will post all 
information on http://www.regulations.gov. This generally means that we 
will post any personal information you provide us (see the Information 
Requested section, below, for more information).

FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of 
Foreign Species, Endangered Species Program, U.S. Fish and Wildlife 
Service, 4401 N. Fairfax Drive, Room 420, Arlington, VA 22203; 
telephone 703-358-2171; facsimile 703-358-1735. If you use a 
telecommunications device for the deaf (TDD), call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Information Requested

    For the status review to be complete and based on the best 
available scientific and commercial information, we request information 
on 11 Poecilotheria species (see list in Table 1, below) from 
government agencies (including foreign national and provincial 
governments within the range of each of these species), the scientific 
community, industry, and any other interested parties. We seek 
information on:
    (1) Each 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 population trends;
    (e) Potential threats to each species, such as harvest, domestic 
and foreign trade, habitat destruction, intentional killing, or other 
threats not identified; and
    (f) Past and ongoing conservation measures for each species or its 
habitat.
    (2) The factors that are the basis for making a listing 
determination for a species or subspecies under section 4(a) of the Act 
(16 U.S.C. 1531 et seq.), which are:
    (a) The present or threatened destruction, modification, or 
curtailment of their 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 each species' 
continued existence.
    (3) The potential effects of climate change on each species and its 
habitat.
    Please include sufficient information with your submission (such as 
full references) 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 an endangered or threatened 
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 
Web site. If you submit a hard copy 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 hard copy submissions on http://www.regulations.gov.
    Information and supporting documentation that we received and used 
in preparing this finding will be available 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, Endangered 
Species Program, Branch of Foreign Species (see FOR FURTHER INFORMATION 
CONTACT).

Evaluation of Information for a 90-Day Finding on a Petition

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations at 50 CFR part 424 set forth the procedures for adding a 
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 each species, 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 in Appendix A. in Docket No. FWS-HQ-
ES-2013-0107 on http://www.regulations.gov.

Background

    Section 4(b)(3)(A) of the Act 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 initiate a species status review, which we subsequently 
summarize in our 12-month finding.

Petition History

    We received a petition, dated October 29, 2010, from WildEarth 
Guardians requesting that the following 11 eastern hemisphere 
``tarantuala'' species in the genus Poecilotheria be listed under the 
Act as endangered or threatened: Poecilotheria fasciata; P. formosa; P. 
hanumavilasumica; P. metallica; P. miranda; P. ornata; P. pederseni; P. 
rufilata; P. smithi; P. striata; and P. subfusca (see Table 1 for 
common

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names associated with each of these species). The petition clearly 
identified itself as such and included the requisite identification 
information for the petitioner, as required by 50 CFR 424.14(a). This 
finding addresses the petition.

Evaluation of Petition

    The 11 species named in the petition include six species native to 
India and five native to Sri Lanka (Table 1). All 11 species named in 
the petition have multiple common names (Table 1) and are therefore 
referred to by their scientific names throughout this finding.

             Table 1--List of Species in This 90-Day Finding
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             Species                Common name(s)       Current range
------------------------------------------------------------------------
Poecilotheria fasciata..........  banded parachute    Sri Lanka.
                                   spider, Sri
                                   Lankan ornamental
                                   tarantula, lemon-
                                   legged tiger
                                   spider, Thada
                                   kaha iri padethi
                                   divimakuluwa.
Poecilotheria formosa...........  beautiful           India.
                                   parachute spider,
                                   finely formed
                                   parachute spider,
                                   Salem ornamental
                                   tarantula.
Poecilotheria hanumavilasumica..  Rameshwaram         India.
                                   parachute spider,
                                   Rameshwaram
                                   ornamental.
Poecilotheria metallica.........  peacock parachute   India.
                                   spider, Gooty
                                   ornamental
                                   tarantula, Gooty
                                   tarantula,
                                   metallic
                                   tarantula,
                                   peacock
                                   tarantula,
                                   Salepurgu.
Poecilotheria miranda...........  wonderful           India.
                                   parachute spider,
                                   red parachute
                                   spider.
Poecilotheria ornata............  ornate parachute    Sri Lanka.
                                   spider, fringed
                                   ornamental
                                   tarantula, yellow-
                                   legged tiger
                                   spider, Kaha iri
                                   padethi
                                   divimakuluwa.
Poecilotheria pederseni.........  Hambantota          Sri Lanka.
                                   parachute spider,
                                   Pederseni's tiger
                                   spider, Pederseni
                                   divimakuluwa.
Poecilotheria rufilata..........  reddish parachute   India.
                                   spider, rufus
                                   parachute spider,
                                   redslate
                                   ornamental
                                   tarantula.
Poecilotheria smithi............  Kandy parachute     Sri Lanka.
                                   spider, Smith's
                                   tiger spider,
                                   Sithge
                                   divimakuluwa.
Poecilotheria striata...........  striped parachute   India.
                                   spider, striated
                                   parachute spider,
                                   Mysore ornamental
                                   tarantula.
Poecilotheria subfusca..........  brown parachute     Sri Lanka.
                                   spider, ivory
                                   ornamental
                                   tarantula, ivory
                                   bird-eating
                                   tarantula, Eth
                                   dala peha iri
                                   padethi
                                   divimakuluwa.
------------------------------------------------------------------------

    Poecilotheria is a genus of very large, ornate spiders that occur 
in northeastern and southern India and central and southern Sri Lanka 
(Petition, p. 1). Poecilotheria species are arboreal and occur in mesic 
and xeric montane forests where they are generally found under the bark 
or in natural cavities of trees. Of the 11 species named in the 
petition, P. fasciata occurs in xeric forests. The remaining 10 species 
occur in mesic forests (Petition, p. 8). Poecilotheria species appear 
to differ in their tolerance of altered habitat (Petition, p. 9). The 
primary factors indicated in the petition as causing these species to 
face extinction or endangerment include destruction of forest habitat, 
collection for the pet trade, intentional killing, inadequate 
regulatory mechanisms, range restrictions and rarity, and cumulative 
threats.
    Information provided in the petition and in the references cited in 
the petition regarding current ranges and population trends is 
summarized below.

Indian Species

    P. formosa: This species is reported from three sites in two areas 
of the southern Eastern Ghats in southern India. Population information 
is not available. Based on the ecology and behavior of other closely 
related Poecilotheria species, and current threats, the population is 
assumed to be decreasing. The species is categorized on the 
International Union for the Conservation of Nature (IUCN) Red List as 
Endangered (Molur et al. 2008b).
    P. hanumavilasumica: This species is endemic to the Ramanthapuram 
district, southern India, where it is restricted to a few plantations. 
The species has been recorded from eight subpopulations that vary in 
size from 4 to 78 individuals. The species' population is reported to 
be decreasing. It is categorized on the IUCN Red List as Critically 
Endangered (Siliwal et al. 2008a).
    P. metallica: This species is known from a single location in 
Andhra Pradesh, India. It is described as likely being very rare. 
Population information is not available, but the population is assumed 
to be decreasing. The species is categorized on the IUCN Red List as 
Critically Endangered (Molur et al. 2008a).
    P. miranda: The species is recorded from only a few locations in 
the Chhota Nagpur region of northeast India. Population information is 
not available, but the species is described as rare. The population is 
assumed to be decreasing. The species is categorized on the IUCN Red 
List as Endangered (Siliwal et al. 2008b; IUCN 2001, pp. 18-20).
    P. rufilata: The species is endemic to the southern Western Ghats, 
in southern India. The species is reported from six isolated locations. 
Population information is not available, but the species is assumed to 
be decreasing. It is categorized on the IUCN Red List as Endangered 
(Siliwal et al. 2008c; IUCN 2001, pp. 18-20).
    P. striata: The species is found in the Western Ghats just north 
and south of the Palghat gap, in southern India. It has been reported 
from fewer than 10 isolated locations, with spider abundance varying 
depending on the habitat. Population information is not available. The 
species is categorized on the IUCN Red List as Vulnerable (Siliwal et 
al. 2008d; IUCN 2001, pp. 21-22).

Sri Lankan Species

    P. fasciata: Historically the species is known from eight locations 
in central Sri Lanka (Petition, p. 6, citing several sources). In a 
2003-2005 survey of Sri Lankan Poecilotheria, three individuals of this 
species were recorded in central Sri Lanka. One individual was recorded 
in Kurunagala, and one individual was recorded at each of two different 
sites in Naula (Samarawckrama et al. 2005, pp. 76, 83).
    P. ornata: Historically the species is known from five locations in 
southern Sri Lanka (Petition, p. 7, citing several sources). In a 2003-
2005 survey of Sri Lankan Poecilotheria, six individuals of this 
species were recorded in central and southern Sri Lanka. One individual 
was recorded in Kitulgala Forest Reserve (in Central Province), two 
individuals were recorded in Udamaliboda, Deraniyagala (in Sabaragamuwa 
Province), and three

[[Page 72625]]

individuals were recorded in Sinharaja World Heritage Site (in Southern 
Province) (Samarawckrama et al. 2005, pp. 76, 83). IUCN Sri Lanka 
(2007, p. 131) categorizes this species as ``near threatened,'' that 
is, it is very close to qualifying for or is likely to qualify for a 
threatened category in the near future.
    P. pederseni: Historically the species is known only from its type 
locality in Hambantota District (in Southern Province) (Petition, p. 7, 
citing several sources). In a 2003-2005 survey of Sri Lankan 
Poecilotheria, six individuals of this species were recorded in 
Hambantota. Three were recorded from Bundala National Park, and three 
from Madunagala Sanctuary (Samarawckrama et al. 2005, pp. 76, 83).
    P. smithi: The species is known only from two locations in south 
central Sri Lanka--Haragama and Kandy (Petition, p. 7, citing several 
sources). In a 2003-2005 survey of Sri Lankan Poecilotheria, no P. 
smithi were recorded (Samarawckrama et al. 2005, pp. 76, 83). IUCN Sri 
Lanka (2007, p. 48) categorizes this species as vulnerable.
    P. subfusca: Historically the species is known from seven locations 
in south-central Sri Lanka (Petition, p. 7, citing several sources). In 
a 2003-2005 survey of Sri Lankan Poecilotheria, 20 individuals of this 
species were recorded in central Sri Lanka: One each from Dotulugala 
reserve and Gannoruwa Village, Kandy (in Central Province); and 18 in 
Gannoruwa forest, though 15 of the 18 were juveniles. IUCN Sri Lanka 
(2007, p. 131) categorizes this species as ``near threatened,'' that 
is, it is very close to qualifying for or is likely to qualify for a 
threatened category in the near future.
    In results of a survey of the genus in Sri Lanka, Samarawckrama et 
al. (2005, p. 76) indicate that they consider the five Sri Lankan 
Poecilotheria species to be endangered.

Finding

    On the basis of our review under section 4(b)(3)(A) of the Act, we 
determine that the petition presents substantial scientific or 
commercial information indicating that listing these 11 Poecilotheria 
species as endangered or threatened may be warranted. This finding is 
based on information provided in the petition regarding the five 
factors: The present or threatened destruction, modification, or 
curtailment of its habitat or range (Factor A); overutilization for 
commercial, recreational, scientific, or educational purposes (Factor 
B); disease and predation (Factor C); the inadequacy of existing 
regulatory mechanisms (Factor D); and other natural or manmade factors 
affecting the species' continued existence (Factor E).
    Based on information provided in the petition, in the sources cited 
in the petition, and readily available in our files, we find that the 
petition presents substantial information indicating that the 
petitioned action may be warranted for all 11 petitioned species as a 
result of habitat destruction or degradation through impacts associated 
with human activities (Factor A), collection for the pet trade (Factor 
B), small populations or limited and fragmented range (Factor E), and 
the cumulative impacts of threats (Factors E). Further, we find that 
the petitioned action may be warranted for P. formosa, P. 
hanumavilasumica, P. rufilata, and P. striata as a result of the threat 
of intentional killing (Factor E), and for P. fasciata, P. ornata, P. 
pederseni, P. smithi, and P. subfusca as a result of the inadequacy of 
existing regulatory mechanisms (Factor D).
    Because we have found that the petition presents substantial 
information indicating that listing these 11 Poecilotheria species may 
be warranted, we are initiating a status review to determine whether 
listing these 11 species under the Act as endangered or threatened 
species 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 12-month finding as to whether a petitioned action is 
warranted. A 90-day finding is not a status assessment of the species 
and does not constitute a status review under the Act. Our final 
determination as to whether a petitioned action is warranted is not 
made until we have completed a thorough status review of the species, 
which is conducted following a 90-day finding that a petition presents 
substantial scientific or commercial information indicating that the 
petitioned action may be warranted (``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 
necessarily mean that the 12-month finding will result in a warranted 
finding.

References Cited

    A complete list of all references cited in this 90-day finding is 
available on the Internet at http://www.regulations.gov at Docket No. 
FWS-HQ-ES-2013-0107 or upon request from the Branch of Foreign Species, 
Endangered Species Program, U.S. Fish and Wildlife Service (see FOR 
FURTHER INFORMATION CONTACT).

Author

    The primary author of this finding is staff of the Branch of 
Foreign Species, Endangered Species Program, U.S. Fish and Wildlife 
Service.

Authority

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

    Dated: November 13, 2013.
Steve Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2013-28553 Filed 12-2-13; 8:45 am]
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