[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)]
[Proposed Rules]
[Pages 90297-90314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30059]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2016-0076; 4500030115]
RIN 1018-BB33


Endangered and Threatened Wildlife and Plants; Listing 
Determinations for Five Poecilotheria Tarantula Species From Sri Lanka

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
proposal to list the following five tarantula species under the 
Endangered Species Act of 1973, as amended (Act): Poecilotheria 
fasciata, P. ornata, P. smithi, P. subfusca, and P. vittata. This 
document also serves as the 12-month finding on a petition to list 
these species. After review of the best available scientific and 
commercial information, we find that listing each of these species is 
warranted and propose listing all of them as endangered species.

DATES: We will accept comments received or postmarked on or before 
February 13, 2017. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES below) must be received by 11:59 p.m. 
Eastern Time on the closing date. We must receive requests for public 
hearings, in writing, at the address shown in FOR FURTHER INFORMATION 
CONTACT by January 30, 2017.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box,

[[Page 90298]]

enter FWS-HQ-ES-2016-0076, which is the docket number for this 
rulemaking. Then, in the Search panel on the left side of the screen, 
under the Document Type heading, click on the Proposed Rules link to 
locate this document. You may submit a comment by clicking on ``Comment 
Now!''
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-HQ-ES-2016-0076; U.S. Fish & Wildlife 
Service Headquarters, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 
22041-3803. We request that you send comments only by the methods 
described above. We will post all comments on http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see Public Comments below for more 
information).

FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of 
Foreign Species, Ecological Services, U.S. Fish and Wildlife Service, 
MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; telephone, 
703-358-2171; facsimile, 703-358-1735. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    Why we need to publish a rule. Under the Act, if a species is 
determined to be an endangered or threatened species throughout all or 
a significant portion of its range, we are required to promptly publish 
a proposal in the Federal Register and make a determination on our 
proposal within 1 year. Listing a species as an endangered or 
threatened species can only be completed by issuing a rule.
    This document proposes the listing of the tarantula species 
Poecilotheria fasciata, P. ornata, P. smithi, P. subfusca, and P. 
vittata as endangered species. This proposed rule assesses the best 
available information regarding status of and threats to these named 
species.
    The basis for our action. Under the Act, we can determine that a 
species is an endangered or threatened species based on any one or more 
of five factors or the cumulative effects thereof: (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. We have determined that P. fasciata, 
P. ornata, P. smithi, P. subfusca, and P. vittata are in danger of 
extinction due to ongoing habitat loss and degradation and the 
cumulative effects of this and other threat factors. One species, P. 
smithi, is also in danger of extinction due to the effects of 
stochastic (random) processes.
    We will seek peer review. We will seek comments from independent 
specialists to ensure that our designation is based on scientifically 
sound data, assumptions, and analyses. We will invite these peer 
reviewers to comment on our listing proposal. Because we will consider 
all comments and information received during the comment period, our 
final determinations may differ from this proposal.

Information Requested

Public Comments

    Our intent, as required by the Act, is to use the best available 
scientific and commercial data as the foundation for all endangered and 
threatened species classification decisions. Further, we want any final 
rule resulting from this proposal to be as accurate and effective as 
possible. Therefore, we invite the range country, tribal and 
governmental agencies, the scientific community, industry, and other 
interested parties to submit comments regarding this Proposed Rule. 
Comments should be as specific as possible.
    Before issuing a final rule to implement this proposed action, we 
will take into account all comments and any additional relevant 
information we receive. Such communications may lead to a final rule 
that differs from our proposal. For example, new information provided 
may lead to a threatened status instead of an endangered status for 
some or all of the species addressed in this proposed rule, or we may 
determine that one or more of these species do not warrant listing 
based on the best available information when we make our determination. 
All comments, including commenters' names and addresses, if provided to 
us, will become part of the administrative record. For each of the five 
species, we particularly seek comments concerning:
    (1) The species' biology, ranges, and population trends, including:
    (a) Biological or ecological requirements of the species, including 
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, its 
habitat or both.
    (2) Factors that may affect the continued existence of the species, 
which may include habitat modification or destruction, overutilization, 
disease, predation, the inadequacy of existing regulatory mechanisms, 
or other natural or manmade factors.
    (3) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to the species and existing regulations 
that may be addressing those threats.
    (4) Additional information concerning the historical and current 
status, range, distribution, and population size of the species, 
including the locations of any additional populations of the species.
    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.
    Please note that 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, as 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 comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES.
    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 your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Headquarters Office (see FOR FURTHER INFORMATION 
CONTACT).

Public Hearing

    Section 4(b)(5) of the Act provides for one or more public hearings 
on this

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proposal, if requested. Requests must be received within 45 days after 
the date of publication of this proposed rule in the Federal Register. 
Such requests must be sent to the address shown in FOR FURTHER 
INFORMATION CONTACT. We will schedule public hearings on this proposal, 
if any are requested, and announce the dates, times, and places of 
those hearings, as well as how to obtain reasonable accommodations, in 
the Federal Register and local newspapers at least 15 days before the 
hearing.

Peer Review

    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), we will solicit the 
expert opinion of at least three appropriate and independent 
specialists for peer review of this proposed rule. The purpose of peer 
review is to ensure that our listing determinations are based on 
scientifically sound data, assumptions, and analyses. We will send peer 
reviewers copies of this proposed rule immediately following 
publication in the Federal Register. We will invite peer reviewers to 
comment, during the public comment period, on the specific assumptions 
and conclusions regarding the proposed listing status of each of the 
five tarantula species. We will summarize the opinions of these 
reviewers in the final decision document, and we will consider their 
input and any additional information we receive, as part of our process 
of making a final decision on the proposal.

Previous Federal Action

    We received a petition, dated October 29, 2010, from WildEarth 
Guardians requesting that the following 11 tarantula 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. The petition identified itself as such and 
included the information as required by 50 CFR 424.14(a). We published 
a 90-day finding on December 3, 2013 (78 FR 72622), indicating that the 
petition presents substantial scientific and commercial information 
indicating that listing these 11 species may be warranted. At that time 
we also (1) notified the public that we were initiating a review of the 
status of these species to determine if listing them is warranted, (2) 
requested from the public scientific and commercial data and other 
information regarding the species, and (3) notified the public that at 
the conclusion of our review of the status of these species, we would 
issue a 12-month finding on the petition, as provided in section 
4(b)(3)(B) of the Act. This document represents our review and 
determinations of the status of the five petitioned species that are 
endemic to Sri Lanka (Poecilotheria fasciata, P. ornata, P. pederseni, 
P. smithi, and P. subfusca), our publication of our 12-month finding on 
these five species, and our proposed rule to list these species. We 
will issue our determinations on other tarantula species in the genus 
Poecilotheria separately after we complete our review.

Background

Taxonomy and Species Descriptions

    Poecilotheria is a genus of arboreal spiders endemic to Sri Lanka 
and India. The genus belongs to the family Theraphosidae, often 
referred to as tarantulas, within the infraorder Mygalomorphae (Table 
1). As with most theraphosid genera, Poecilotheria is a poorly 
understood genus. The taxonomy has never been studied using modern DNA 
technology; therefore, species descriptions are based solely on 
morphological characteristics. Consequently, there have been several 
revisions, additions, and subtractions to the list of Poecilotheria 
species over the last 20 years (Nanayakkara 2014a, pp. 71-72; Gabriel 
and Gallon 2013, entire).
    The World Spider Catalog (2016, unpaginated) currently recognizes 
14 species of Poecilotheria. The Integrated Taxonomic Information 
System currently identifies 16 species in the genus, based on the 2011 
version of the same catalog. Because the World Spider Catalog is the 
widely accepted authority on spider taxonomy, we consider the 
Poecilotheria species recognized by the most recent (2016) version of 
this catalog to be valid. Based on the World Spider Catalog, all five 
of the petitioned species are considered valid taxon, though P. 
pederseni is now considered a junior synonym to the currently accepted 
name P. vittata (Table 1). Therefore, in the remainder of this document 
we refer to this species as P. vittata. Further, all five of these 
species have multiple common names (see WildEarth Guardians 2010, p. 4) 
and are, therefore, referred to by their scientific names throughout 
this document.

   Table 1--Scientific Classification of Five Sri Lankan Poecilotheria
Species Petitioned for Listing as Endangered or Threatened Under the Act
                   [See 78 FR 72662, December 3, 2013]
                      [Synonyms are in parentheses]
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------------------------------------------------------------------------
                        Scientific Classification
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KINGDOM...................................  Animalia.
 PHYLUM...................................  Arthropoda.
 SUBPHYLUM................................  Chelicerata.
 CLASS....................................  Arachnida.
 ORDER....................................  Araneae.
 INFRAORDER...............................  Mygalomorphae.
 FAMILY...................................  Theraphosidae.
 GENUS....................................  Poecilotheria.
 SPECIES..................................  P. fasciata, P. ornata, P.
                                             smithi (P. pococki), P.
                                             subfusca (P. bara, P.
                                             uniformis), P. vittata (P.
                                             pederseni).
------------------------------------------------------------------------

    Poecilotheria species are among the largest spiders in the world, 
with body lengths of 4 to 9 centimeters (1.5 to 3.5 inches) and maximum 
adult leg spans varying from 15 to 25 centimeters (6 to 10 inches) 
(Nanayakkara 2014a, pp. 94-129; Molur et al. 2006, p. 23). They are 
known for their very fast movements and potent venom that, in humans, 
typically causes extended muscle cramps and severe pain (Fuchs 2014, p. 
75; Nanayakkara and Adikaram 2013, p. 53). They are hairy spiders and 
have striking coloration, with dorsal color patterns of gray, black, 
brown, and in one case, a metallic blue. Ventral coloration of either 
sex is typically more of the same with the exception of the first pair 
of legs, which often bear bright yellow to orange aposematic (warning) 
markings that are visible when the spider presents a defensive display. 
Mature spiders exhibit some sexual dimorphism with mature males having 
a more drab coloration and being significantly smaller than the adult 
females (Nanayakkara 2014a, entire; Pocock 1899, pp. 84-86).
    The primary characteristics used to distinguish Poecilotheria 
species are ventral leg markings (Gabriel 2010 p. 13, citing several 
authors). Some authors indicate that identification via leg markings is 
straightforward for most Poecilotheria species (Nanayakkara 2014a, pp. 
74-75; Gabriel 2011a, p. 25). However, the apparent consistent leg 
patterns observed in adults of a species could also be a function of 
specimens being collected from a limited number of locations (Morra 
2013, p. 129). During field surveys, researchers found more variation 
than suggested by published

[[Page 90300]]

species descriptions and indicated that identifying Poecilotheria 
species is not as straightforward as suggested by current descriptions 
(Molur et al. 2003, unpaginated). Reports of inadvertent production of 
hybrids within the tarantula trade (see Gabriel 2011a, p. 26) also 
indicate a degree of difficulty in identification of adult specimens. 
Immature spiders (juveniles) lack the variation in coloring found in 
adults. As a result, they are difficult to differentiate visually; 
genetic analysis may be the only way to reliably identify juveniles to 
species (Longhorn 2014a, unpaginated).

Captive Poecilotheria

    Poecilotheria species are commonly bred in captivity by amateur 
hobbyists as well as vendors, and are available as captive-bred young 
in the pet trade in the United States, Europe, and elsewhere (see 
Trade). However, while rearing and keeping of captive individuals by 
hobbyists and vendors has provided information on life history of these 
species, these captive individuals hold limited conservation value to 
the species in the wild. Individuals in the pet trade descend from wild 
individuals from unknown locations, have undocumented lineages, come 
from limited stock (e.g., see Gabriel 2012, p. 18) and are bred without 
knowledge or consideration of their genetics. They also likely include 
an unknown number of hybrid individuals resulting from intentional 
crosses, or unintentional crosses resulting from confusion and 
difficulty in species taxonomy and identification (Gabriel 2011a, pp. 
25-26; Gabriel et al. 2005, p. 4; Gabriel 2003, pp. 89-90). Further, 
many are likely several generations removed from wild ancestors and 
thus may be inbred or maladapted to conditions in the wild. In short, 
captive individuals held or sold as pets do not adhere to the IUCN 
guidelines for reintroductions and other conservation translocations 
(IUCN 2013, entire). Further, we are not aware of any captive-breeding 
programs for Poecilotheria that adhere to IUCN guidelines. Because (1) 
the purpose of our status assessments is to determine the status of the 
species in the wild, and (2) captive individuals in the hobby or pet 
trade have low value for conservation programs or for reintroduction 
purposes, we place little weight on the status of captive individuals 
in our assessment of the status of the five petitioned Poecilotheria 
species endemic to Sri Lanka.

Tarantula General Biology

    Tarantulas possess life-history traits markedly different from most 
spiders and other arthropods (Bond et al. 2006, p. 145). They are long-
lived, have delayed sexual maturity, and most are habitat specialists 
that are extremely sedentary. They also have poor dispersal ability 
because their mode of travel is limited to walking, and they typically 
do not move far from the area in which they are born. As a result, the 
distribution of individuals tends to be highly clumped in suitable 
microhabitats (a smaller habitat within a larger habitat), populations 
are extremely genetically structured, and the group shows a high level 
of endemism (species restricted to a particular geographical location) 
(Ferreti et al. 2014, p. 2; Hedin et al. 2012, p. 509, citing several 
sources; Bond et al. 2006, pp. 145-146, citing several sources).
    Tarantulas are primarily nocturnal and typically lead a hidden 
life, spending much of their time concealed inside burrows or crevices 
(retreats) that provide protection from predators and the elements 
(Foelix 2011, p. 14; Molur et al. 2003, unpaginated; Gallon 2000, 
unpaginated). They are very sensitive to vibrations and climatic 
conditions, and usually don't come out of their retreats in conditions 
like rains, wind, movement, or excessive light (Molur et al. 2003, 
unpaginated). Tarantulas are generalist predators that sit and wait for 
passing prey near the entrance of their retreats (Gallon 2000, 
unpaginated). With the exception of reproductive males that wander in 
search of females during the breeding season, they leave their retreat 
only briefly for capturing prey, and quickly return to it at the 
slightest vibration or disturbance (Foelix 2011, p. 14; Stotley and 
Shillington 2009, pp. 1210-1211; Molur et al. 2003, unpaginated). 
Tarantulas generally inhabit a suitable retreat for extended periods 
and may use the same retreat for years (Stotley and Shilling 2009, pp. 
1210-1211; Stradling 1994, p. 87). Most tarantulas are solitary, with 
one spider occupying a retreat (Gallon 2000, unpaginated).
    The lifestyle of adult male tarantulas differs from that of adult 
females and juveniles. Females and juveniles are sedentary, spending 
most of their time in or near their retreat. Adult females are also 
long-lived, and continue to grow, molt, and reproduce for several years 
after reaching maturity (Ferreti et al. 2014, p. 2, citing several 
sources; Costa and Perez-Miles 2002, p. 585, citing several sources; 
Gallon 2000, unpaginated). They are capable of producing one brood per 
year although they do not always do so (Ferreti et al. 2014, p. 2; 
Stradling 1994, pp. 92-96). Males have shorter lifespans than females 
and, after reaching maturity, no longer molt and usually only live one 
or two breeding seasons (Costa and Perez-Miles 2002, p. 585, Gallon 
2000, unpaginated). Further, on reaching maturity, males leave their 
retreats to wander in search of receptive females with which to mate 
(Stotley and Shillington 2009, pp. 1210-1211). Males appear to search 
the landscape for females randomly and, at short range, may be able to 
detect females through contact sex-pheromones on silk deposited by the 
female at the entrance of her retreat (Ferreti et al. 2013, pp. 88, 90; 
Janowski-Bell and Hommer 1999, pp. 506, 509; Yanez et al. 1999, pp. 
165-167; Stradling 1994, p. 96). Males may cover relatively large areas 
when searching for females. Males of a ground-dwelling temperate 
species (Aphonopelma anax) are reported covering search areas up to 29 
ha (72 acres), though the mean size of areas searched is much smaller 
(1.1  0.5 ha one year and 8.8  2.5 ha another 
year) (Stotley and Shillington 2009, p. 1216).
    When a male locates a receptive female, the two will mate in or 
near the entrance to the female's retreat. After mating, the female 
returns to her retreat where she eventually lays eggs within an egg-sac 
and tends the eggs until they hatch. Spiderlings reach maturity in one 
or more years (Gallon 2000, unpaginated).

Poecilotheria Biology

    Limited information is available on Poecilotheria species in the 
wild. However, they appear to be typical tarantulas in many respects. 
However, they differ from most tarantulas in that they are somewhat 
social (discussed below) and reside in trees rather than ground burrows 
(see Microhabitat).
    Poecilotheria species are patchily distributed (Siliwal et al. 
2008, p. 8) and prey on a variety of insects, including winged 
termites, beetles, grasshoppers, and moths, and occasionally small 
vertebrates (Das et al. 2012, entire; Molur et al. 2006, p. 31; Smith 
et al. 2001, p. 57).
    We are not aware of any information regarding the reproductive 
success of wild Poecilotheria species. However, reproduction may be 
greatly reduced during droughts (Smith et al. 2001, pp. 46, 49). 
Additionally, given the apparently random searching for females by male 
tarantulas, successful mating of females likely depends on the density 
of males in the vicinity. In the only field study conducted on an

[[Page 90301]]

arboreal tropical tarantula (Avicularia avicularia in Trinidad), less 
than half of adult females produced eggs in the same year despite the 
fact that they were in close proximity to each other and exhibited the 
same weight gain, possibly due to a failure to mate (Stradling 1994, p. 
96).
    Time to maturity in Poecilotheria species varies and is influenced 
by the temperature at which the young are raised and amount of food 
provided (Gabriel 2006, entire). Based on observations of captive 
Poecilotheria, males mature from spiderlings to adults in 11 to16 
months (Gabriel 2011b, P. 101; Gabriel 2005, entire). Females can 
mature within 14 months and generally live an additional 60 to 85 
months after maturing (Gabriel 2012, p. 19; Government of Sri Lanka and 
Government of the United States 2000, p. 3), although they have been 
reported living up to 14 years (Gallon 2012, p. 69). Females lay about 
50 to 100 eggs, 5 to 6 months after mating (Nanayakarra 2014a, p. 79; 
Gabriel 2011b, entire; Gabriel 2005, p. 101). In captivity, generation 
time appears to be roughly 2-3 years (see Gabriel 2011b, entire; 
Gabriel 2006, p. 96; Gabriel 2005, entire). While captive individuals 
provide some indication of potential growth, longevity, and 
reproductive capacity of wild individuals, these variables are likely 
to vary with conditions in the wild. Poecilotheria are ectotherms and, 
as such, their physiological and developmental processes including 
growth and reproduction are strongly influenced by body temperature and 
it is likely that captive-rearing of these species is primarily done 
under ideal environmental conditions for reproduction and growth.
    Unlike most tarantulas, which are solitary, most Poecilotheria 
species display a degree of sociality. Adult females often share their 
retreat with their spiderlings. Eventually as the young mature, they 
disperse to find denning areas of their own. Occasionally young remain 
on their natal tree to breed, or three to four adult females will share 
the same retreat (Nanayakkara 2014a, pp. 74, 80). These semi-social 
behaviors are believed to be a response to a lack of availability of 
suitable habitat (trees) in which individuals can reside (Nanayakkara 
2014a, pp. 74, 80; Gallon 2000, unpaginated).

Poecilotheria Habitat

Microhabitat
    Poecilotheria occupy preexisting holes or crevices in trees or 
behind loose tree bark (Molur et al. 2006, p. 31; Samarawckrama et al. 
2005; Molur et al. 2003 unpaginated; Kirk 1996, pp. 22-23). Individuals 
of some species are also occasionally found in grooves or crevices in 
or on other substrates such as rocks or buildings that are close to 
wooded areas (Samarawckrama et al. 2005, pp. 76, 83; Molur et al. 2003, 
unpaginated). In a survey in Sri Lanka, 89 percent (31) of 
Poecilotheria spiders were found in or on trees, while 11 percent (4) 
were found in or on buildings (Samarawckrama et al. 2005, p. 76). 
Poecilotheria species are said to have a preference for residing in 
old, established trees with naturally occurring burrows (Nanayakkara 
2014a, p. 86). Some species also appear to prefer particular tree 
species (Nanayakkara 2014a, p. 84; Samarawckrama et al. 2005, p. 76).
Macrohabitat
    Most Poecilotheria species occur in forested areas, although some 
occasionally occur in other treed habitats such as plantations 
(Nanayakkara 2014a, p. 86; Molur et al. 2006, p. 10; Molur et al 2003, 
entire; Smith et al. 2001, entire). Poecilotheria are less abundant in 
degraded forest (Molur et al. 2004, p. 1665). Less complex, degraded 
forests may contain fewer trees that provide adequate retreats for 
these species and less cover for protection from predators and the 
elements. Trees with broad, dense canopy cover likely provide 
Poecilotheria in hotter, dryer habitats protection from heat and 
desiccation (Siliwal 2008, pp. 12, 15). We provide additional, species-
specific information on habitat below.

Sri Lanka

    Sri Lanka is an island nation about 65,610 square kilometers 
(km\2\) (25,332 square miles (mi\2\)) in area (Weerakoon 2012, p. 
xvii), or about the size of West Virginia (Fig. 1). The variation in 
topography, soils, and rainfall on the island has resulted in a 
diversity of ecosystems with high levels of species endemism 
(Government of Sri Lanka (GOSL) 2014, pp. xiv-xv). Sri Lanka, together 
with the Western Ghats of India, is identified as a global biodiversity 
hotspot, and is among the eight ``hottest hotspots,'' (Myers et al. 
2000, entire).
    Sri Lanka consists of a mountainous region (central highlands), 
reaching 2,500 m in elevation, in the south-central part of the island 
surrounded by broad lowland plains (GOSL 2012, p. 2a-3-141) (Fig. 2). 
The country has a tropical climate characterized by two major monsoon 
periods: The southwest monsoon from May to September and the northeast 
monsoon from December to February (GOSL 2012, pp. 7-8).
    Sri Lanka's central highlands create a rain shadow effect that 
gives rise to two pronounced climate zones--the wet zone and dry zone--
and a less extensive intermediate zone between the two (Ministry of 
Environment--Sri Lanka (MOE) 2010, pp. 21-22) (Fig. 2). Small arid 
zones also occur on the northwestern and southeastern ends of the 
country (Nanayakkara 2014a, p. 22). Annual rainfall ranges from less 
than 1,000 millimeters (mm) (39.4 inches (in)) in the arid zone to over 
5,000 mm (197 in) in the central highlands (Jayatillake et al. 2005, 
pp. 66-67). Mean annual temperature ranges from 27 degrees Celsius 
([deg]C) (80.6 degrees Fahrenheit ([deg]F)) in the lowlands to 15 
[deg]C (59[emsp14][deg]F) in the highlands (Eriyagama et al. 2010, p. 
2).
    The wet zone is located in the southwestern quarter of the island, 
where high annual rainfall is maintained throughout the year by rain 
received during both monsoons and during inter-monsoonal periods (MOE 
2010, pp. 21-22) (Fig. 2). The wet zone is divided into low, mid, and 
montane regions based on altitude (Table 2). The dry zone, in which 
most of the land area of Sri Lanka occurs, is spread over much of the 
lowland plains and is subjected to several months of drought (MOE 2010, 
pp. 21-22) (Table 2) (Fig. 2). Most of the rain in this zone comes from 
the northeast monsoon and inter-monsoonal rains (MOE 2010, pp. 21-22; 
Malgrem 2003, p. 1236). Characteristic forest types occur within each 
of the different climate zones (Table 2).

[[Page 90302]]



                  Table 2--Climate Zones and Elevation of Sri Lanka and Associated Forest Types
     [Based on Information in FAO (2015a, pp. 6-7), Nanayakkara (2014a, pp. 22-25), and GOSL (2012, p. 51)]
----------------------------------------------------------------------------------------------------------------
                                          Percent of
                 Zone                     Sri Lanka's     Mean annual      Elevation           Forest type
                                           land area    rainfall  (mm)     (meters)
----------------------------------------------------------------------------------------------------------------
Wet Zone..............................              23    2,500->5,000         0-2,500  ........................
    Low...............................  ..............  ..............         0-1,000  Lowland rainforest.
    Mid...............................  ..............  ..............     1,000-1,500  Submontane forest.
    Montane...........................  ..............  ..............     1,500-2,500  Montane forest.
Intermediate Zone.....................              12     1,900-2,500         0-1,000  Moist monsoon forest.
Dry Zone..............................              60     1,250-1,900           0-500  Dry monsoon forest;
                                                                                         riverine forest; open-
                                                                                         canopy forest.
Arid Zone.............................               5          <1,250  ..............  Thorny scrub forest.
----------------------------------------------------------------------------------------------------------------

Species-Specific Information

    Each of the five petitioned species addressed in this finding is 
endemic to Sri Lanka and has a range restricted to a particular region 
and one or two of Sri Lanka's climate zones (Nanayakkara 2014a, pp. 84-
85) (Fig. 1, Fig. 2). Due to their secretive and nocturnal habits, 
sensitivity to vibrations, and their occurrence in structurally complex 
habitat (forest), Poecilotheria species are difficult to detect (Molur 
et al. 2003, unpaginated). Therefore, it is possible that reported 
ranges are smaller than the actual ranges of these species. However, 
distribution surveys for these species were conducted at many locations 
throughout the country during 2009-2012 by Nanayakkara et al. (2012, 
entire), and we consider the locations reported in Nanayakkara (2014a, 
entire) to reflect the best available information concerning the ranges 
of these species.
    Historical ranges for the five petitioned Sri Lankan species are 
unknown. Further, population information is not available on any of the 
five petitioned Sri Lankan species; therefore, population trends are 
unknown. However, experts believe populations are declining, and that 
these species are very likely to go extinct within the next two or 
three decades (Nanayakkara and Adikaram 2013, p. 54). We are not aware 
of any existing conservation programs for these species. All five 
species are categorized on the National Red List of Sri Lanka as 
Endangered or Critically Endangered based on their area of occupancy 
(Critically Endangered: Less than 10 km\2\; Endangered: Less than 500 
km\2\) and distribution (Critically Endangered: Severely fragmented or 
known to exist at only a single location; Endangered: Severely 
fragmented or known to exist at no more than five locations), and the 
status (continuing decline, observed, inferred or projected, in the 
area, extent, or quality, or any combination of the three) of their 
habitat (MOE 2012, p. 55; IUCN 2001, entire).
    For locations discussed in species-specific information below, see 
Fig. 1. For locations of the ranges of the different species, see Fig. 
2.
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P. fasciata

    Poecilotheria fasciata occurs in forests below 200-m elevation in 
Sri Lanka's dry and intermediate zones north of Colombo and is also 
sometimes found in coconut plantations in this region (Nanayakkara 
2014a, p. 96; Nanayakkara 2014b, unpublished data; Smith et al. 2001, 
entire). The species has a broad but patchy distribution and is 
estimated to occupy less than 500 km\2\ (193 mi\2\) of its range (MOE 
2012, p. 55; Smith et al. 2001, p. 48). The area, extent, or quality 
(or a combination thereof) of P. fasciata's habitat is considered to be 
in continuing decline, and the species is categorized on the National 
Red List of Sri Lanka as Endangered (MOE 2012, p. 55).
    The only detailed record of the species' occurrence in a coconut 
plantation is provided by Smith et al. (2001, entire). Poecilotheria 
fasciata is reported to have colonized the coconut plantation following 
a prolonged drought. While P. fasciata in dry and intermediate zone 
forests, including those surrounding the coconut plantation, were found 
to be emaciated and without spiderlings, those in the irrigated 
plantation were found to have spiderlings in their retreats and wider 
abdomens. Smith et al. argue that P. fasciata was able to colonize the 
plantation due to the occurrence of P. fasciata in the adjacent remnant 
forest, the presence of coconut trees that were infested with weevils 
and subsequently fed on by woodpeckers that created holes suitable for 
P. fasciata retreats, and plantation irrigation that resulted in an 
abundant prey base for the species. The P. fasciata population in the 
plantation was apparently established in the 1980s and persisted until 
at least 2000 (Smith et al. 2001, pp. 49, 52).
    During recent surveys, P. fasciata were detected at nine 
locations--two in coconut plantations and seven in forest locations. 
Greater than 20 adults and 100 juveniles were found in coconut 
plantations, and greater than 30 adults and no juveniles were found in 
forest locations (Nanayakkara 2014b, unpublished data). Although no

[[Page 90305]]

juveniles were detected in forest habitats during these surveys, recent 
observations of P. fasciata juveniles in forest habitat have been 
reported (Nanayakkara 2014a, p. 96; Kumarasinghe et al. 2013, p. 10). 
Therefore, based on the observations of Smith et al. described above, 
it is possible that the lack of juveniles detected in forests during 
recent surveys was due to drought conditions during the survey period. 
As indicated above, island-wide surveys for Poecilotheria were 
conducted during 2009-2012, and droughts occurred in 2010 and 2012 in 
the region in which P. fasciata occurs (Integrated Regional Information 
Network 2012, unpaginated; Disaster Management Center, Sri Lanka 2010, 
p. 12). However, while juveniles were detected only in coconut 
plantations during these surveys, numbers found in coconut and forest 
habitat cannot be directly compared because surveys were designed for 
determining distribution rather than species abundance or density. For 
instance, juveniles may be more difficult to detect in forest habitat 
than in coconut plantations, or a greater area of coconut plantations 
may have been searched compared to forest habitat.

P. ornata

    Poecilotheria ornata is found in the plains and hills of the 
lowland wet zone in southwestern Sri Lanka (Nanayakkara 2014a, pp. 112-
113; Smith et al. 2002, p. 90). It is one of the few solitary species 
in the genus (Nanayakkara 2014a, p. 112). In recent surveys, 23 adults 
and no juveniles were detected at 4 locations (Nanayakkara 2014b, 
unpublished data). Poecilotheria ornata is estimated to occupy less 
than 500 km\2\ (193 mi\2\) of its range (MOE 2012, p. 55), and the 
area, extent, or quality (or a combination thereof) of the species' 
habitat is considered to be in continuing decline. Poecilotheria ornata 
is categorized on the National Red List of Sri Lanka as Endangered (MOE 
2012, p. 55).

P. smithi

    Poecilotherai smithi is found in the central highlands, in Kandy 
and Matale districts (Nanayakkara et al. 2013, pp. 73-74). It was 
originally found in the wet zone at mid elevations (Kirk 1996, p. 23), 
though it is described as a montane species (Jacobi 2005, entire; Smith 
et al. 2002, p. 92). Poecilotheria smithi appears to be very rare and 
is considered highly threatened (Nanayakkara et al. 2013, p. 73; 
Gabriel et al. 2005, p. 4). The species was described in 1996, and, 
despite several efforts to locate the species during the past 20 years, 
few individuals have been found (Nanayakkara et al. 2013, pp. 73-74; 
Gabriel et al. 2005, pp. 6-7). In 2005, three adult females and four 
spiderlings were reported in the Haragama, Kandy district, an area 
described as severely impacted by several anthropogenic factors 
(Nanayakkara et al. 2013, p. 74; Gabriel et al. 2005, pp. 6-7). During 
surveys conducted in several areas of the country during 2003-2005, no 
P. smithi were found (Samarawckrama et al. 2005, entire). Finally, 
during recent surveys, the species was found at two locations with 
seven adults and nine juveniles detected (Nanayakkara 2014b, 
unpublished data). Prior to these recent surveys, the species was known 
only from the Haragama, Kandy district. However, the species was 
recently found about 31 km (19.3 mi) away from Haragama, in three trees 
within a 5-km\2\ (1.9-mi\2\) area of highly disturbed habitat 
(Nanayakkara et al. 2013, p. 74).
    Poecilotheria smithi was estimated to occupy less than 10 km\2\ 
(3.9 mi\2\) of its range (MOE 2012, p. 55) but a recently reported 
location in Matale district increases the known area of occupancy by 5 
km\2\ (1.9 mi\2\). The area, extent, or quality (or a combination 
thereof) of the species' habitat is considered to be in continuing 
decline, and the species is categorized on the National Red List of Sri 
Lanka as Critically Endangered (MOE 2012, p. 55).

P. subfusca

    Poecilotheria subfusca occurs in the wet zone of the central 
highlands of Sri Lanka, in two disjunct regions: The montane region 
above 1,500-m elevation in Nuwara Eliya and Badulla districts; and at 
500 to 600 m (1,640 to 1,968 ft) elevation in Kegalla, Kandy, and 
Matale districts (Nanayakkara 2014a, pp. 101-102, 116; Smith et al. 
2002, entire). One author (Nanayakkara 2014a, pp. 116-117) identifies 
individuals in the latter region as P. bara, which was first described 
as a species in 1917 (Chamberlin 1917, in Kirk 1996, p. 21). However, 
in the 1990s P. bara was determined to be a junior synonym of P. 
subfusca (Kirk 1996, p. 21; also see Taxonomy and Species 
Descriptions). Therefore, all reference in this finding to P. subfusca 
refers to individuals in both the high-elevation and mid-elevation 
regions.
    During recent surveys, P. subfusca was found at 10 locations, and a 
total of 25 adult and 56 juvenile P. subfusca were detected 
(Nanayakkara 2014b, unpublished data). The area of the range occupied 
by P. subfusca is less than 500 km\2\ (193 mi\2\) (MOE 2012, p. 55). 
Further, the area, extent, or quality (or a combination thereof) of P. 
subfusca's habitat is considered to be in continuing decline throughout 
its range, and the species is categorized on the National Red List of 
Sri Lanka as Endangered (MOE 2012, p. 55).

P. vittata

    Poecilotheria vittata occurs in the arid, dry, and intermediate 
zones of Hambantota and Monaragala districts in southeastern Sri Lanka 
(Kekulandala and Goonatilake 2015, unpaginated; Nanayakkara 2014a, pp. 
106-107). The species' preferred habitat is said to be Manilkara 
hexandra (Palu) trees (Nanayakkara 2014a, p. 106), a dominant canopy 
tree species in Sri Lanka's dry forest (Gunarathne and Perera 2014, p. 
15). In recent surveys, the species was found at 4 locations, and 15 
adults and 7 juveniles of P. fasciata were detected (Nanayakkara 2014b, 
unpublished data). Poecilotheria vittata is estimated to occupy less 
than 500 km\2\ (193 mi\2\) of its range (MOE 2012, p. 55), and the 
area, extent, or quality (or a combination thereof) of the species' 
habitat is considered to be in continuing decline. Poecilotheria 
vittata is categorized on the National Red List of Sri Lanka as 
Endangered (MOE 2012, p. 55).

Summary of Biological Status and Threats

    The Act directs us to determine whether any species is an 
endangered species or a threatened species because of any one or more 
of five factors or the cumulative effects thereof: (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 this section, we summarize the 
biological condition of the species and its resources, and the 
influences on such to assess the species' overall viability and the 
risks to that viability.

Habitat Loss and Degradation

    Habitat loss and degradation are considered primary factors 
negatively affecting Poecilotheria species (Nanayakkara and Adikaram 
2013, pp. 53-54; MOE 2012, p. 55; Molur et al. 2008, pp. 1-2). Forest 
loss and degradation are likely to negatively impact the five 
petitioned species in several ways. First, forest loss and degradation 
directly eliminate or reduce the availability of trees required by 
Poecilotheria species for reproduction, foraging, and protection

[[Page 90306]]

(Samarawckrama et al. 2005, p. 76; Smith et al. 2002, entire). Second, 
due to the limited ability of Poecilotheria species to travel far, as 
well as their sedentary habits, forest loss and degradation are also 
likely to result in direct mortality of individuals or populations, via 
physical trauma caused by the activities that result in forest loss and 
degradation, or the intentional killing of these spiders when they are 
encountered by humans during these activities (see Intentional 
Killing). Such mortality not only has the potential to affect these 
species' abundances and distributions, but also their genetic 
diversity. Tarantulas have highly structured populations (See Tarantula 
General Biology), and, consequently, the loss of a local population of 
a species--due to habitat loss or any other factor-- equates to a loss 
of unique genetic diversity (Bond et al. 2006, p. 154, citing several 
sources). Finally, the loss of forest also often results in fragmented 
habitat. Due to their limited dispersal ability, forest fragmentation 
is likely to isolate Poecilotheria populations, which increases their 
vulnerability to stochastic processes (see Stochastic Processes), and 
may also expose wandering males and dispersing juveniles to increased 
mortality from intentional killing or predation when they attempt to 
cross between forest fragments (Bond et al. 2006, p. 155) (see 
Intentional Killing).
Natural Forest
    Natural forests covered almost the entire island of Sri Lanka a few 
centuries ago (Mattsson et al. 2012, p. 31). However, extensive 
deforestation occurred during the British colonial period (1815-1948) 
as a result of forest-clearing for establishment of plantation crops 
such as tea and coffee, and also exploitation for timber, slash-and-
burn agriculture (a method of agriculture in which natural vegetation 
is cut down and burned to clear the land for planting), and land 
settlement. In 1884, about midway through the British colonial period, 
closed-canopy (dense) forest covered 84 percent of the country and was 
reduced to 44 percent by 1956 (GOSL 2012, p. 2a-3-145; Nanayakkara 
1996, in Mattson et al. 2012, p. 31). Deforestation continued after 
independence as the result of timber extraction, slash-and-burn 
agriculture, human settlements, national development projects, and 
encroachment (GOSL 2012, pp. 2a-3-144-145; Perera et al. 2012, p. 165). 
As a result, dense forest cover (canopy density greater than 70 
percent) declined by half in about 50 years, to 22 percent in 2010 
(GOSL 2012, pp. 51, 2a-3-145; Nanayakkara 1996, in Mattson et al. 2012, 
p. 31). Open-canopy forest (canopy density less than 70 percent) 
covered an additional 6.8 percent of the country in 2010 for an overall 
forest cover of 28.6 percent (GOSL 2012, p. 51).
    The extent of past deforestation differed in the three climate 
zones of the country. The impacts of anthropogenic factors on forests 
in the wetter regions of the island have been more extensive due to the 
higher density of the human population in these regions. The human 
population density in the wet zone is 650 people per km\2\ (1,684 per 
mi\2\) compared to 170 people per km\2\ (440 per km\2\) in the dry zone 
and 329 per km\2\ (852 per mi\2\) nationally (GOSL 2012, p. 8). 
Currently about 13 percent of the wet zone, 15 percent of the 
intermediate zone, and 29 percent of the dry zone are densely forested 
(Table 3).
    Recent information on forest cover in the different climate zones 
is provided in GOSL 2015, GOSL 2012, and FAO 2015a, all of which 
provide information from the Forest Department of Sri Lanka. The GOSL 
2015 report provides a map of the change in forest cover between 1992 
and 2010 and a qualitative assessment of these changes. The GOSL 2012 
and FAO 2015a reports provide quantitative information on the area of 
forest cover by forest type for 1992, 1999, and 2010 and contain 
identical data from the Forest Department. The relevant forest cover 
information in these two reports is provided in Table 4. However, the 
Forest Department of Sri Lanka used different rainfall criteria to 
separate dry and intermediate zone forests, and different altitude 
criteria to separate montane and submontane forests, in different years 
(see climate zone and forest definitions in FAO 2015a, p. 6; GOSL 2012, 
p. 51; FAO 2005, p. 7; FAO 2001, pp. 16, 53). Therefore, we combine the 
information on intermediate and dry zone forests, and the information 
on montane and submontane forests in Table 4. We discuss the 
information on forest cover from the various sources by climate zone 
below.
Wet Zone Forest
    Very little wet zone forest remains in Sri Lanka. Currently, the 
area of montane and submontane forests combined is only about 733 km\2\ 
(283 mi\2\) and is severely fragmented (GOSL 2012, pp. 51, 2a-3-142). 
According to GOSL (2012, p. 51), these forests remained relatively 
stable from 1992 to 2010 (Table 4). However, satellite imagery shows 
deforestation occurred in these forests during this period, although at 
low levels (GOSL 2015, unpaginated). Further, more recent evidence 
indicates these forests are currently declining. A recent report 
indicates that activities such as firewood collection, cutting of trees 
for other domestic purposes, and gem mining are ongoing in these 
forests, and that large areas were recently illegally cleared for 
vegetable cultivation (Wijesundara 2012, p. 182). While these forests 
are protected in Sri Lanka, administering agencies do not appear to 
have sufficient resources to prevent these activities (Wijesundara 
2012, p. 182).
    The area of lowland wet zone forests (lowland rainforest) declined 
from 1992 to 2010 (Table 4). Remaining lowland rainforests are severely 
fragmented, exist primarily as small, isolated patches, and declined by 
182 km\2\ (70 mi\2\) during the 18-year period, though the rate of loss 
slowed considerably during the latter half of this period (GOSL 2012, 
p. 2a-3-142; Lindstrom et al. 2012, p. 681) (Table 4). GOSL (2015, 
unpaginated) shows low levels of deforestation throughout the lowland 
rainforest region from 1992 to 2010, and identifies a deforestation 
``hotspot'' on the border of Kalutara and Ratnapura districts, which is 
within the range of P. ornata (Fig. 1, Fig. 2).
Dry and Intermediate Zone Forests
    Dry and intermediate zone forests, which include most open-canopy 
forest (Mattsson et al. 2012, p. 30), declined by 1,372 km\2\ (530 
mi\2\) between 1992 and 2010 (Table 4). According to GOSL (2015, 
unpaginated), the rate of deforestation nationwide during this period 
was highest in Anuradhapura and Moneragala districts, in which large 
portions of the ranges of P. fasciata and P. vittata occur (see Fig. 1, 
Fig. 2). GOSL (2015, unpaginated) also report deforestation hotspots in 
other districts (for instance Puttalam and Hambantota) in which these 
species occur. Natural regeneration of dry forest species is reported 
to be very poor, and dry zone forests are heavily degraded as a result 
of activities such as frequent shifting cultivation and timber logging 
(Perera 2012, p. 165, citing several sources).

[[Page 90307]]



             Table 3--The Total Area of Sri Lanka's Climate Zones, and the Coverage of Dense Forest
 [(Canopy cover greater than 70 percent) within each zone in 2010, based on information provided in Table 2 and
                                               GOSL 2012, p. 51.]
----------------------------------------------------------------------------------------------------------------
                                                                     Area covered
                                                                      with dense
                                                                    forest (canopy
                                                                     cover greater    Proportion
            Climate zones of Sri Lanka                 Area \1\         than 70     (percent) with
                                                        (km\2\)        percent)      dense forest
                                                                     closed-canopy        \2\
                                                                    forest in 2010
                                                                        (km\2\)
--------------------------------------------------------------------------------------------------
Wet Zone..........................................          15,090           1,966              13
Intermediate Zone.................................           7,873           1,179              15
Dry Zone..........................................          39,366      \3\ 11,238              29
Arid Zone.........................................           3,281  ..............  ..............
----------------------------------------------------------------------------------------------------------------
\1\ Calculated based on proportion of land area in each climate zone as provided in Table 2, and a total land
  area of 65,610 km\2\.
\2\ Original natural extent of forest cover in each zone is unknown. However, it is likely each zone was close
  to 100% forested because, as indicated above (see Natural Forest), in 1884, after several decades of
  deforestation during the British colonial period, dense forest covered 84% of the island.
\3\ Figure is for dry monsoon forest and riverine forest. It does not include mangrove forests.


                    Table 4--Area of Sri Lanka Forest Cover in 1992, 1999, and 2010 in km\2\
    [(Based on GOSL 2012, p. 51 and FAO 2015a, pp. 8-9). Forest cover for specific forest types are for dense
    (canopy density greater than 70 percent) forest. Area of open-canopy forest (canopy density less than 70
                                        percent) is provided separately.]
----------------------------------------------------------------------------------------------------------------
           Forest types  (climate zone)                  1992            1996            2010
--------------------------------------------------------------------------------------------------
Lowland Rainforest (Wet)..........................           1,416           1,243           1,233
Submontane and montane Forest (Wet)...............             719             689             733
Moist monsoon + dry monsoon + riverine forest (Dry          13,606          12,679          12,417
 and Intermediate)................................
Open-canopy forest (Dry)..........................           4,638           4,716           4,455
----------------------------------------------------------------------------------------------------------------

Forest Conservation Measures
    Sri Lanka has taken several steps in recent decades to conserve its 
forests, and these efforts have contributed to the slowing of 
deforestation in the country (GOSL 2012, pp. 54-55). In 1990 the 
country imposed a moratorium, which is still in effect, on logging in 
all natural forests, has marked most forest and wildlife reserve 
boundaries to stem encroachments, and prepared and implemented 
management plans for forest and wildlife reserves, which became legal 
requirements under the Forest Ordinance Amendment Act No. 65 of 2009 
and the Fauna and Flora Ordinance Amendment Act No. 22 of 2009 (GOSL 
2014, p. 26). The government also encourages community participation in 
forest and protected area management, has implemented programs to 
engage residents in community forestry to reduce encroachment of cash 
crops and tea in the wet zone and slash-and-burn agriculture in the dry 
zone, and encourages use of non-forest lands and private woodlots for 
meeting the demands for wood and wood products (GOSL 2014, p. 26). In 
addition to these efforts, between 12 percent (GOSL 2015, unpaginated) 
and 28 percent (GOSL 2014, pp. xvi, 23) of the country's land area is 
reported to be under protected area status.
    Although considerable efforts have been undertaken in Sri Lanka in 
recent years to stop deforestation and forest degradation, these 
processes are ongoing (see Current and Future Forest Trends). The 
assessment of the status of natural forests during the Species Red List 
assessments in 2012 indicate that, despite advances in forest 
conservation in the country, many existing threats continue to impact 
forest habitats (GOSL 2014, p. 26). While laws and regulations are in 
place to address deforestation, issues exist regarding their 
implementation (GOSL 2012, pp. 55, 2a-3-148-150). For instance, lack of 
financial assistance for protected area management, increasing demand 
for land, and regularization of land encroachments, result in further 
loss of the forest habitat of the five species addressed in this 
finding (GOSL 2014, p. 22; GOSL 2011, unpaginated). Also, there is poor 
coordination between government agencies with respect to forest 
conservation--conservation agencies are not always adequately consulted 
on initiatives to develop forested land (GOSL 2014, p. 22; MOE 2010, p. 
31). In addition, many protected areas within the wet zone are small, 
degraded, and isolated (GOSL 2014, p. 31).
Current and Future Forest Trends
    The current drivers of deforestation and forest degradation in Sri 
Lanka include a variety of factors such as small-scale encroachments, 
illicit timber harvesting, forest fires, destructive mining practices, 
and clearing of forest for developments, settlements, and agriculture 
(GOSL 2012, p. 12). These are exacerbated by a large, dense human 
population that is projected to increase from 20.7 million in 2015 to 
21.5 million in 2030 (United Nations 2015, p. 22). While the majority 
of forested areas are protected areas, further population growth is 
likely to result in reduction of forested areas because (1) Sri Lanka 
already has a very high human density (329 people per km\2\ (852 per 
mi\2\)), (2) increases in the population will elevate an already high 
demand for land, and (3) little non-forested land is available for 
expansion of housing, development, cash crops, or subsistence 
agriculture (GOSL 2012, pp. 8, 14, 58). Most (72%) of the population of 
Sri Lanka is rural, dependence on agriculture for subsistence is 
widespread, and the rate of population growth is higher in rural areas 
resulting in an increasing demand for land for subsistence (Lindstrom 
et al. 2012, p. 680; GOSL 2011, unpaginated).
    The current drivers of deforestation and forest degradation are 
also exacerbated by high economic returns

[[Page 90308]]

from illicit land conversions, lack of alternative livelihood 
opportunities for those practicing slash-and-burn agriculture, and, in 
the dry zone, weak implementation of land-use policy, and poverty (GOSL 
2012, pp. 14-15). Further, for the 30 years prior to 2009, Sri Lanka 
was engaged in a civil war and, although the war took place primarily 
in the dry zone of the northern and eastern regions of the country, 
limited deforestation rates during the past few decades are attributed 
not only to the inaccessibility of many areas of the dry zone during 
the war, but also to the slow pace of development in the country as a 
whole during this period (GOSL 2012, pp. 48, 56-57).
    Overall, deforestation and forest degradation in Sri Lanka are 
ongoing, although recent rates of deforestation are much lower than 
during the mid- to late- 20th century--the rate of deforestation during 
1992-2010 was 71 km\2\ (27.4 mi\2\) per year, compared to 400 km\2\ 
(154 mi\2\) per year during 1956-1992 (GOSL 2015, unpaginated). 
However, since the end of Sri Lanka's civil war in 2009, the government 
has been implementing an extensive 10-year development plan with the 
goal of transforming the country into a global economic and industrial 
hub (Buthpitiya 2013, p. ii; Central Bank of Sri Lanka 2012, p. 67; 
Ministry of Finance and Planning--Sri Lanka (MOFP) 2010, entire). The 
plan includes large infrastructure projects throughout the country 
(MOFP 2010, entire). Projects include, among other things, development 
of seaports, airports, expressways, railways, industrial parks, power 
plants, and water management systems that will allow for planned 
expansion of agriculture, and many of these projects have already 
started (Buthpitiya 2013, pp. 5-6; Central Bank of Sri Lanka 2012, p. 
67; MOFP 2010, entire). They also include projects located within the 
ranges of all five species addressed in this finding, although the plan 
does not provide the amount of area that will be impacted by these 
projects (Fig. 2 and MOFP 2010, pp. 63, 93, 101, 202-298). The rate of 
loss of natural forest (primary forest and other naturally regenerated 
forest) increased from 60 km\2\ (23 mi\2\) per year during 2000-2010 to 
86 km\2\ (33 mi\2\) per year during 2010-2015 (FAO 2015b, pp. 44, 50). 
As post-war reconstruction and development continues in Sri Lanka, 
deforestation and forest degradation can be expected to rise (GOSL 
2012, p. 2a-3-146).
Coconut Plantations
    Coconut is grown throughout Sri Lanka. Most (57 percent) of the 
area under coconut cultivation is in the intermediate and wet zones 
north of Colombo (MOE 2011, p. 14), which overlaps with the southern 
portion of the range of P. fasciata. As indicated above, P. fasciata 
are sometimes found in coconut plantations in Sri Lanka, although the 
extent to which coconut plantations contribute to sustaining viable 
populations of these species is unknown. This is particularly the case 
because (1) tarantulas are poor dispersers (see Tarantula General 
Biology), (2) colonization of coconut plantations by the species 
appears to depend on the occurrence of occupied natural forest in 
relatively close proximity to coconut plantations (Smith et al. 2001, 
entire), and (3) very little natural forest remains in the coconut 
growing region in which P. fasciata occurs (Fig. 2 and GOSL 2015, 
unpaginated; MOE 2014, p. 94).
    The aerial extent of coconut cultivation in Sri Lanka has varied 
between about 3,630 and 4,200 km\2\ (1,402 and 1,622 mi\2\) since 2005 
(Central Bank of Sri Lanka 2014, Statistical Appendix, Table 13), with 
no clear directional trend. However, due to the rising human population 
and resulting escalating demand for land in Sri Lanka, plantations have 
become increasingly fragmented due to conversion of these lands to 
housing (GOSL 2014, pp. 26-27). As indicated above, due to their 
limited dispersal ability, forest fragmentation is likely to isolate 
Poecilotheria populations, which increases their vulnerability to 
stochastic processes (see Stochastic Processes), and may also expose 
wandering males and dispersing juveniles to increased mortality from 
intentional killing or predation when they attempt to cross between 
forest fragments (Bond et al. 2006, p. 155) (see Intentional Killing). 
Thus, even though P. fasciata uses coconut plantations to some extent, 
fragmentation of this habitat is likely to isolate populations and 
increase their vulnerability to stochastic processes, intentional 
killing, and predation.
Summary
    Sri Lanka has lost most of its forest cover due to a variety of 
factors over the past several decades. Very little (1,966 km\2\ (759 
mi\2\)) wet zone forest--in which the ranges of P. ornata, P. smithi, 
and P. subfusca occur--remains in the country, the remainder is highly 
fragmented, and continues to be lost. Only about 35 percent (16,872 
km\2\ (6,514 mi\2\)) of dense and open canopy dry and intermediate zone 
forests--in which the ranges of P. fasciata and P. vittata occur--
remain, deforestation in these forests is ongoing, and recent rates of 
deforestation in the country have been highest in regions constituting 
large portions of the ranges of these two species. Forest cover 
continues to decline at a rate of 86 km\2\ (33 mi\2\) per year and the 
rate of loss is higher in the dry zone than the wet zone. While the 
current rate of forest loss is much lower than in the previous century, 
the rate of loss of natural forest is increasing and is anticipated to 
increase in the future with the country's emphasis on development and 
the projected population increase of 800,000 people. While coconut 
plantations provide additional habitat for one species (P. fasciata) in 
some areas, they are becoming increasingly fragmented due to demand for 
housing.
    Tarantulas have sedentary habits, limited dispersal ability, and 
highly structured populations. Therefore, loss of habitat has likely 
resulted in direct loss of individuals or populations and, 
consequently, a reduction in the distribution and genetic diversity of 
these species. The distribution of these species is already limited--
each currently occupies less than 500 km\2\ (193 mi\2\) or, for P. 
smithi, less than 10 to 15 km\2\ (3.9 to 5.8 mi\2\) of its range--and 
deforestation continues within the ranges of all five species discussed 
in this finding. Further, the limited distribution of these species is 
likely continuing to decline with ongoing loss of habitat. While the 
specific amount of habitat area required to maintain the long term 
viability of each of these species is unknown, given that (1) these 
species' have very small distributions, (2) there is little forest 
remaining in Sri Lanka, (3) remaining habitat is fragmented, and (4) 
deforestation is ongoing within these species' ranges, we conclude that 
habitat loss is likely currently having significant negative impacts on 
the viability of these species.

Pesticides

    Pesticides are identified as a threat to Poecilotheria species in 
Sri Lanka (Nanayakkara 2014b, unpublished data; Gabriel 2014, 
unpaginated). The five species addressed in this finding could 
potentially be exposed to pesticides via pesticide drift into forests 
that are adjacent to crop-growing areas; by traveling over pesticide 
treated land when dispersing between forest patches; or by consuming 
prey that have been exposed to pesticides. Populations of these species 
could potentially be directly affected by pesticides through

[[Page 90309]]

increased mortality or through sub-lethal effects such as reduced 
fecundity, fertility, and offspring viability, and changes in sex 
ratio, behavior, and dispersal (Nash et al. 2010, p. 1694, citing 
several sources). Poecilotheria species may also be indirectly affected 
by pesticides if pesticides result in a reduction or depletion of 
available prey.
    There are over 100 pesticide (herbicide, fungicide, and 
insecticide) active ingredients registered for use in Sri Lanka. Among 
the most commonly used insecticides are carbofuran, diazinon, and 
chloropyrifos (Padmajani et al. 2014, pp. 11-12). These are broad 
spectrum, neurotoxic insecticides, which tend to have very negative 
effects on non-target organisms (Pekar 2013, p. 415). Further, sit-and-
wait predators appear to be more sensitive to insecticide applications 
than web-making spiders (Pekar 1999, pp. 1077).
    The use of pesticides in Sri Lanka has been increasing steadily 
since the 1950s (Selvarajah and Thiruchelvam 2007, p. 381). Pesticide 
imports into Sri Lanka increased by 50 percent in 2011 compared to 2006 
(Padmajani et al. 2014, p. 11). The level of misuse and overuse of 
pesticides in Sri Lanka is high. Depending on region and crop species, 
33 to 60 percent of Sri Lankan farmers use greater amounts, higher 
concentrations, or more frequent applications of pesticides (or a 
combination of these) than is recommended (Padmajani et al. 2014, pp. 
13, 31, citing several sources).
    The susceptibility of spiders to the direct effects of different 
pesticides varies with pesticide type and formulation, spider species, 
development stage, sex, and abiotic and biotic conditions at the time 
of pesticide application (Pekar 2013, pp. 416-417). Further, different 
classes of pesticides can cause different sub-lethal effects. For 
instance, activities such as movement, prey capture, reproduction, 
development, and defense are particularly disrupted by neurotoxic 
formulations because they are governed by complex neural interactions. 
However, spiders can potentially recover from sub-lethal effects over 
several days (Pekar 2013, p. 417), although the effects are complicated 
by the potential for cumulative effects of multiple applications across 
a season (Nash et al. 2010, p. 1694).
    We are not aware of any information on the population level effects 
of pesticides on Poecilotheria species. However, given the large 
proportion of Sri Lanka's human population that is reliant on farming, 
the high level of misuse and overuse of pesticides in the country, and 
the broad-spectrum and high level of toxicity of the insecticides 
commonly used in the country, it is likely that the species addressed 
in this finding are directly or indirectly negatively affected by 
pesticides to some extent. Therefore, while the population level 
effects of pesticides on the five species addressed in this finding are 
uncertain, the effects of pesticides likely exacerbate the effects of 
other threats acting on these species.

Climate Change

    The Intergovernmental Panel on Climate Change (IPCC) concluded that 
warming of the climate system is unequivocal (IPCC 2013, p. 4). 
Numerous long-term climate changes have been observed including changes 
in land surface temperatures, precipitation patterns, ocean temperature 
and salinity, sea ice extent, and sea level (IPCC 2013, pp. 4-12). 
Various types of changes in climate can have direct or indirect effects 
on species. These effects may be positive, neutral, or negative and 
they may change over time, depending on the species and other relevant 
considerations, such as the effects of interactions of climate with 
other variables (e.g., habitat fragmentation) (IPCC 2007, pp. 8-14, 18-
19). However, a large fraction of terrestrial and freshwater species 
face increased extinction risk under projected climate change during 
and beyond the current century, especially as climate change interacts 
with habitat modification and other factors such as overexploitation, 
pollution, and invasive species (Settele et al. 2014, p. 275).
    Maintenance of body temperature and water relations by spiders is 
critical to their survival. All spiders, including Poecilotheria, are 
ectotherms and, therefore, their body temperature varies with that of 
their environment. While spiders keep body temperature within tolerable 
limits through behaviors such as moving into shade when temperatures 
rise (Pulz 1987, pp. 27, 34-35), they are susceptible to rapid 
fluctuations in body temperature and severe depletion of body water 
stores due to their relatively low body mass and high surface to volume 
ratio (Pulz 1987, p. 27).
    Tropical ectotherms evolved in an environment of relatively low 
inter- and intra-annual climate variability, and already live near 
their upper thermal limits (Settele et al. 2014, p. 301; Deutsch et al. 
2008, p. 6669). Their capacity to acclimate is generally low. They have 
small thermal safety margins, and small amounts of warming may decrease 
their ability to perform basic physiological functions such as 
development, growth, and reproduction (Deutsch et al. 2008, pp. 6668-
6669, 6671). Evidence also indicates they may have low potential to 
increase their resistance to desiccation (Schilthuizen and Kellerman 
2014, p. 61, citing several sources).
    While observed and projected changes in temperature and 
precipitation could potentially be within the tolerance limits of the 
Poecilotheria species addressed in this finding, it is possible that 
climate change could directly negatively affect these species through 
rising land surface temperatures, changes in the amount and pattern of 
precipitation, and increases in the frequency and intensity of extreme 
climate events such as heat waves or droughts. It is also possible that 
climate change could indirectly negatively affect these species, by 
negatively impacting populations of their insect prey species, which 
are also tropical ectotherms. In the only detailed observations of a 
Sri Lankan Poecilotheria species, Smith et al. (2001, entire) indicate 
that P. fasciata found in natural forest were emaciated and without 
spiderlings during an extended drought, while those found in an 
irrigated plantation had wider girths and spiderlings (see Species -
Specific Information). These observations indicate that the lack of 
reproduction in natural forest during the drought may have been due 
either to desiccation stress or lack of available prey, or both, as a 
result of low moisture levels.
    The general trend in temperature in Sri Lanka over the past several 
decades is that of increasing temperature, though with considerable 
variation between locations in rates and magnitudes of change (De Costa 
2008, p. 87; De Silva et al. 2007, p. 21, citing several sources). Over 
the six to ten decades prior to 2007, temperatures have increased 
within all climate zones of the country, although rates of increase 
vary from 0.065 [deg]C (0.117[emsp14][deg]F) per decade in Ratnapura 
(an increase of 0.65 [deg]C (1.17[emsp14][deg]F) during the 97-year 
period analyzed) in the lowland wet zone, to 0.195 [deg]C 
(0.351[emsp14][deg]F) per decade in Anuradhapura (an increase of 1.50 
[deg]C (2.70[emsp14][deg]F) during the 77-year period analyzed) in the 
dry zone. In the montane region, temperatures increased at a rate of 
0.141 [deg]C (0.254[emsp14][deg]F) per decade at Nuwara Eliya to 0.191 
[deg]C (0.344[emsp14][deg]F) per decade at Badulla (increases of 1.09 
and 1.47 [deg]C (1.96 and 2.65[emsp14][deg]F) during the 77-year period 
analyzed, respectively) (De Costa 2008, p. 68). The rate of warming has 
increased in more recent years--overall temperature in the country 
increased at a rate of 0.003 [deg]C (0.005[emsp14][deg]F) per year 
during 1896-1996, 0.016 [deg]C (0.029[emsp14][deg]F)

[[Page 90310]]

per year during 1961-1990, and 0.025 [deg]C (0.045[emsp14][deg]F) per 
year during 1987-1996 (Eriyagama et al. 2010, p. 2, citing several 
sources). Depending on future climate scenarios, temperatures are 
projected to increase by 2.93 to 5.44 [deg]C (5.27 to 
9.49[emsp14][deg]F) by the end of the current century in South Asia 
(Cruz et al. 2007, in Eriyagama et al. 2010, p. 6). Downscaled 
projections for Sri Lanka using regional climate models report 
increases of 2.0 to 4.0 [deg]C (3.6 to 7.2[emsp14][deg]F) by 2100, 
while statistical downscaling of global climate models report increases 
of 0.9 to 3 [deg]C (1.62 to 5.4[emsp14][deg]F) by 2100 and 1.2 to 1.3 
[deg]C (2.16 to 2.34[emsp14][deg]F) by 2050 (Eriyagama et al. 2010, p. 
6, citing several sources).
    Studies show a decreasing trend in rainfall in Sri Lanka over the 
past several decades (see De Costa 2008, p. 87; De Silva et al. 2007, 
p. 21, citing several sources) although, according to the Climate 
Change Secretariat of Sri Lanka (2015, p. 19) there is no consensus on 
this fact. However, authors appear to agree that the intensity and 
frequency of extreme events such as droughts and floods have increased 
(Imbulana et al 2016 and Ratnayake and Herath 2005, in Climate Change 
Secretariate of Sri Lanka 2015, p. 19).
    Rainfall in Sri Lanka is highly variable from year to year, across 
seasons and across locations within any given year (Jayatillake et al. 
2005, p. 70). Statistically significant declines in rainfall have been 
observed for the period 1869-2007 at Anuradhapura in the northern dry 
zone (12.92 mm (5.08 in) per decade), and Badulla, Kandy, and Nuwara 
Eliya (19.16, 30.50, and 51.60 mm (0.75, 1.20, and 2.03 in) per decade, 
respectively) in the central highlands (De Costa 2008, p. 77). 
Significant declines have also been observed in more recent decades at 
Kurunegala in western Sri Lanka's intermediate zone (120.57 mm (4.75 
in) per decade during 1970-2007) and Ratnapura (41.02 mm (1.61 in) per 
decade during 1920-2007) (De Costa 2008, p. 77). Further, a significant 
trend of decreasing rainfall with increasing temperature exists at 
Anuradhapura, Kurunegala, and Nuwara Eliya (De Costa 2008, pp. 79-81). 
Patterns of future rainfall in the country are highly uncertain--
studies provide variable and conflicting projections (Eriyagama et al. 
p. 6, citing several sources). However, an increased frequency of dry 
periods and droughts are expected (MOE 2010, p. 35).
    While at least one of the species addressed in this finding appears 
to be vulnerable to drought, the responses of the five petitioned 
Poecilotheria species to observed and projected climate change in Sri 
Lanka are largely unknown. However, the climate in Sri Lanka has 
already changed considerably in all climate zones of the country, and 
continues to change at an increasing rate. These species evolved in 
specific, relatively stable climates and, because they are tropical 
ectotherms, may be sensitive to changing environmental conditions, 
particularly temperature and moisture (Deutsch et al. 2008, pp. 6668-
6669; Schilthuizen and Kellerman 2014, pp. 59-61, citing several 
sources). Moreover, because they have poor dispersal ability, 
Peocilotheria are unlikely to be able to escape changing climate 
conditions via range shifts. Therefore, while population level 
responses of the five species addressed in this finding to observed and 
projected changes in climate are not certain, the stress imposed on 
these species by increasing temperatures and changing patterns of 
precipitation is likely exacerbating the effects of other factors 
acting on these species such as habitat loss and degradation, and 
stochastic processes. This is especially the case for P. fasciata 
because (1) the frequency and intensity of droughts has increased and 
are expected to continue increasing, (2) based on the best available 
information, the species fails to reproduce in natural forest during 
extended droughts, and (3) most populations have been found in natural 
forest.

Trade

    Poecilotheria species are popular in trade due to their striking 
coloration and large size (Nanayakkara 2014a, p. 86; Molur et al. 2006, 
p. 23). In 2000, concerned about increasing trade in these species, Sri 
Lanka and the United States co-sponsored a proposal to include the 
genus in Appendix II of the Convention on International Trade in 
Endangered Species of Wild Fauna and Flora (CITES) (Government of Sri 
Lanka and Government of the United States 2000, entire). However, at 
the 11th Conference of the Parties, the proposal was criticized as 
containing too little information on international trade and species' 
distribution limits. It was further noted that the genus was primarily 
threatened by habitat destruction, and was not protected by domestic 
legislation in India. No consensus was reached on the proposal--there 
were 49 votes in favor, 30 against, and 27 abstentions--and the 
proposal was therefore rejected (Convention on International Trade in 
Endangered Species 2000, p. 50).
    Collection of Poecilotheria specimens from the wild could 
potentially have significant negative impacts on Poecilotheria 
populations. Due to the patchy distributions and poor dispersal 
abilities of tarantulas, collection of several individuals from a 
single location could potentially reduce the abundance or distribution 
of a species, especially those with restricted distributions (Molur et 
al. 2006, p. 14; West et al. 2001, unpaginated). Further, because 
tarantula populations are highly structured, loss of individuals from a 
single location could result in significant loss of that species' 
genetic diversity (Bond 2006, p. 154). Collection of a relatively large 
number of individuals from a single population could also alter 
population demographics such that the survival of a species or 
population is more vulnerable to the effects of other factors, such as 
habitat loss.
    Collection of species from the wild for trade often begins when a 
new species is described or when a rare species has been rediscovered. 
Alerted to a new or novel species, collectors arrive at the reported 
location and set out collecting the species from the wild (Molur et al. 
2006, p. 15; Stuart et al. 2006, entire). For tarantulas, adult females 
may be especially vulnerable to collection pressures as collectors 
often attempt to capture females, which produce young that can be sold 
(Capannini 2003, p. 107). Collectors then sell the collected specimens 
or their offspring to hobbyists who captive-rear the species and 
provide the pet trade with captive-bred specimens (Gabriel 2014, 
unpaginated; Molur et al. 2006, p. 16). Thus, more individuals are 
likely to be captured from the wild during the period in which captive-
breeding stocks are being established, in other words, prior to the 
species becoming broadly available in trade (Gabriel 2014, 
unpaginated).
    All five of the petitioned endemic Sri Lankan species are bred by 
hobbyists and vendors and are available in the pet trade as captive-
bred individuals in the United States, Europe, and elsewhere (see 
Herndon 2014, pers. comm.; Elowsky 2014, unpaginated; Gabriel 2014, 
unpaginated; Longhorn 2014a, unpaginated; Longhorn 2014b; Mugleston 
2014, unpaginated; U.S. Fish and Wildlife Service Division of 
Management Authority 2012, in litt.). Captive-bred individuals appear 
to supply the majority of the current legal trade in these species, at 
least in the United States. The Service's Law Enforcement Management 
Information System contains information on U.S. international trade in 
three of these species--P. fasciata, P. ornata, and P. vittata (it does 
not currently collect information on P. smithi or P. subfusca).

[[Page 90311]]

Of the 400 individuals of these species that were legally imported 
into, or exported or re-exported from, the United States during 2007-
2012, 392 (98 percent) were declared as captive-bred (U.S. Fish and 
Wildlife Service Division of Management Authority 2012, in litt.). 
However, wild individuals of at least some of the petitioned species 
are still being collected (Nanayakkara 2014a, p. 86; Nanayakkara 2014b, 
unpublished data; U.S. Fish and Wildlife Service Division of Management 
Authority 2012, in litt.). Nanayakkara (2014, p. 85) and Samarawckrama 
et al. (2005, p. 76) indicate that there is evidence of illegal 
smuggling from Sri Lanka, although they do not provide details. 
Further, of the 400 individuals of Sri Lankan Poecilotheria imported 
into, or exported or re-exported from, the United States during 2007-
2012, 8 P. vittata were declared as wild-caught. It is possible that 
additional wild-caught individuals of the Sri Lankan petitioned species 
were (or are) not included in this total because they are imported into 
the United States illegally, or imported into other countries. However, 
we are not aware of any information indicating whether, or to what 
extent, that activity occurs.
    Sri Lanka prohibits the commercial collection and exportation of 
all Poecilotheria species, under the Sri Lanka Flora and Fauna 
Protection (Amendment) Act, No. 22 of 2009, which is part of the Fauna 
and Flora Protection Ordinance No. 2 (1937) (DLA Piper 2015, p. 392; 
Government of Sri Lanka and Government of the United States 2000, p. 
5). However, enforcement is weak and influenced by corruption (DLA 
Piper 2015, p. 392; GOSL 2012, p. 2a-3-149)
    In sum, individuals of at least some of these species are currently 
being collected from the wild. However, the extent to which this 
activity is occurring is unknown, as is the extent to which these 
species have been, or are being, affected by collection. Based on the 
available information on U.S. imports, a small amount of trade occurs 
in wild specimens of these species. However, it is likely that more 
wild specimens enter Europe or Asia than the United States due to the 
closer proximity of Sri Lanka to Europe and Asia and consequent 
increased ease of travel and transport of specimens. Further, even 
small amounts of collection of species with small populations can have 
a negative impact on the species. Given that evidence indicates that 
low levels of collection of at least some of these species from the 
wild continues to occur, it is likely that collection for trade is 
exacerbating population effects of other factors negatively impacting 
these species, such as habitat loss and degradation, and stochastic 
processes.

Intentional Killing

    Poecilotheria spiders are feared by humans in Sri Lanka and, as a 
result, are usually killed when encountered (Kekulandala and 
Goonatilake 2015, unpaginated; Nanayakkara 2014a, p. 86; Gabriel 2014, 
unpaginated; Smith et al. 2001, p. 49). Intentional killing of 
Poecilotheria spiders may negatively impact the five petitioned species 
by raising mortality rates in these species' populations to such an 
extent that populations decline or are more vulnerable to the effects 
of other factors, such as habitat loss. Adult male Poecilotheria are 
probably more vulnerable to being intentionally killed because they 
wander in search of females during the breeding season (see Tarantula 
General Biology) and thus are more likely to be encountered by people. 
Consequently, intentional killing could potentially reduce the density 
of males in an area. Because the mating of a female depends on a male 
finding her, and males search for females randomly, a reduction in the 
density of males could result in a reduction in the percent of females 
laying eggs in any given year (Stradling 1994, p. 96) and, 
consequently, a lower population growth rate.
    We are not aware of any information on the number of individuals of 
the petitioned species that are intentionally killed by people. 
However, in areas where these species occur, higher human densities are 
likely to result in higher human contact with these species and, 
consequently, higher numbers of spiders killed. The human population 
density in Sri Lanka is much higher in the wet zone (see Habitat Loss 
and Degradation). Therefore, it is likely that P. ornata, P. smithi, 
and P. subfusca are affected by intentional killing more than P. 
fasciata and P. vittata. Although we are not aware of any information 
indicating the numbers of individuals of these species that are 
intentionally killed each year, it is likely that such killing is 
exacerbating the negative effects of other factors, such as habitat 
loss and degradation, on these species' populations.

Stochastic (Random) Events and Processes

    Species endemic to small regions, or known from few, widely 
dispersed locations, are inherently more vulnerable to extinction than 
widespread species because of the higher risks from localized 
stochastic (random) events and processes, such as floods, fire, 
landslides, and drought (Brooks et al. 2008, pp. 455-456; Mangel and 
Tier 1994, entire; Pimm et al. 1988, p. 757). These problems can be 
further magnified when populations are very small, due to genetic 
bottlenecks (reduced genetic diversity resulting from fewer individuals 
contributing to the species' overall gene pool) and random demographic 
fluctuations (Lande 1988, p. 1455-1458; Pimm et al. 1988, p. 757). 
Species with few populations, limited geographic area, and a small 
number of individuals face an increased likelihood of stochastic 
extinction due to changes in demography, the environment, genetics, or 
other factors, in a process described as an extinction vortex (a mutual 
reinforcement that occurs among biotic and abiotic processes that 
drives population size downward to extinction) (Gilpin and Soule[acute] 
1986, pp. 24-25). The negative impacts associated with small population 
size and vulnerability to random demographic fluctuations or natural 
catastrophes can be further magnified by synergistic interactions with 
other threats.
    P. smithi is known from very few widely dispersed locations and is 
likely very rare (see Species--Specific Information). Therefore, it is 
highly likely that P. smithi is extremely vulnerable to stochastic 
processes and that the species is highly likely negatively impacted by 
these processes. The remaining four petitioned Sri Lankan species have 
narrow ranges within specific climate zones of Sri Lanka. It is unclear 
whether the range sizes of these four are so small that stochastic 
processes on their own are likely to have significant negative impacts 
on these species. However, stochastic processes may have negative 
impacts on these species in combination with other factors such as 
habitat loss, because habitat loss can further fragment and isolate 
populations.

Determinations

    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 
species to the Federal Lists of Endangered and Threatened Wildlife and 
Plants. Under section 4(a)(1) of the Act, we may list a species based 
on (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. Listing

[[Page 90312]]

actions may be warranted based on any of the above threat factors, 
singly or in combination.
    We have carefully assessed the best scientific and commercial 
information available on P. fasciata, P. ornata, P. subfusca, P. 
smithi, and P. vittata. While population information is not available 
on these species, the best available information indicates these 
species' populations have experienced extensive declines in the past 
and their populations continue to decline. Tarantulas have limited 
dispersal ability and sedentary habits, and, therefore, the loss of 
habitat (Factor A) likely results in direct loss of individuals or 
populations and, consequently, a reduction in the distribution of the 
species. As a result, it is highly likely that the extensive loss of 
forest (71 percent in the dry zone, 85 percent in the intermediate 
zone, and 87 percent in the wet zone) over historical levels resulted 
in extensive reductions in these species' populations, and that their 
populations continue to decline with ongoing deforestation. Further, 
because these species likely have highly structured populations, 
reductions in these species' populations have likely resulted in 
coincident loss of these species' unique genetic diversities, eroding 
the adaptive and evolutionary potential of these species (Bond 2006, p. 
154).
    All five of the petitioned Sri Lankan species have restricted 
ranges within specific regions and climates of Sri Lanka and are 
currently estimated to occupy areas of less than 500 km\2\ (193 mi\2\), 
and less than 10-15 km\2\ (4-6 mi\2\) for P. smithi. Due to the life-
history traits of tarantulas--restricted range, sedentary habits, poor 
dispersal ability, and structured populations--these species are 
vulnerable to habitat loss. Extensive habitat loss (Factor A) has 
already occurred in all the climate zones in which these species occur, 
and deforestation is ongoing in the country. Further, the cumulative 
effects of changing climate, intentional killing, pesticides, capture 
for the pet trade, and stochastic processes are likely significantly 
exacerbating the effects of habitat loss.
    Therefore, for the following reasons we conclude that these 
species' resiliency, redundancy, and representation have been and 
continue to be significantly reduced to the extent that the viability 
of each of these five species is significantly compromised:
    (1) These species are closely tied to their habitats, little of 
their forest habitat remains, deforestation is ongoing in these 
habitats, and these species are vulnerable to habitat loss;
    (2) these species' have poor dispersal ability, are unlikely to be 
able to escape changing climate conditions via range shifts, and Sri 
Lanka's climate is changing at increasing rates;
    (3) the cumulative effects of climate change, intentional killing, 
pesticides, capture for the pet trade, and stochastic processes are 
likely significantly exacerbating the effects of habitat loss; and
    (4) P. smithi is known from few locations, is likely rare, and very 
likely vulnerable to stochastic processes.
    The Act defines an endangered species in section 3(6) of the Act as 
any species that is ``in danger of extinction throughout all or a 
significant portion of its range'' and a threatened species in section 
3(20) of the Act as any species that is ``likely to become an 
endangered species within the foreseeable future throughout all or a 
significant portion of its range.'' We find that P. fasciata, P. 
ornata, P. smithi, P. subfusca, and P. vittata are presently in danger 
of extinction throughout their ranges based on the likely severity and 
immediacy of threats currently impacting these species. The populations 
and distributions of these species have likely been significantly 
reduced; the remaining habitat and populations are threatened by a 
variety of factors acting alone and in combination to reduce the 
overall viability of the species.
    Based on the factors described above and their impacts on P. 
fasciata, P. ornata, P. smithi, P. subfusca, and P. vittata, we find 
the following factors to be threats to these species (i.e., factors 
contributing to the risk of extinction of this species): Loss of 
habitat (Factor A; all five species), stochastic processes (Factor E; 
P. smithi), and the cumulative effects (Factor E; all five species) of 
these and other threats including climate change, intentional killing, 
pesticide use, and capture for the pet trade. Furthermore, despite laws 
in place to protect these five species and the forest and other habitat 
they depend on, these threats continue (Factor D). We consider the risk 
of extinction of these five species to be high because these species 
are vulnerable to habitat loss, this process is ongoing, and these 
species have limited potential to recolonize reforested areas or move 
to more favorable climate. Therefore, on the basis of the best 
available scientific and commercial information, we propose listing P. 
fasciata, P. ornata, P. smithi, P. subfusca, and P. vittata as 
endangered in accordance with sections 3(6) and 4(a)(1) of the Act. We 
find that a threatened species status is not appropriate for these 
species because of their restricted ranges, limited distributions, and 
vulnerability to extinction; and because the threats are ongoing 
throughout their ranges at a level which places these species in danger 
of extinction now.
    Under the Act and our implementing regulations, a species may 
warrant listing if it is endangered or threatened throughout all or a 
significant portion of its range. Because we have determined that P. 
fasciata, P. ornata, P. smithi, P. subfusca, and P. vittata are 
endangered throughout all of their ranges, no portion of its range can 
be ``significant'' for purposes of the definitions of ``endangered 
species'' and ``threatened species.'' See the Final Policy on 
Interpretation of the Phrase ``Significant Portion of Its Range'' in 
the Endangered Species Act's Definitions of ``Endangered Species'' and 
``Threatened Species'' (79 FR 37577, July 1, 2014).

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition of conservation status, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition through listing encourages and results in public 
awareness and conservation actions by Federal and State governments in 
the United States, foreign governments, private agencies and groups, 
and individuals.
    Section 7(a) of the Act, as amended, and as implemented by 
regulations at 50 CFR part 402, requires Federal agencies to evaluate 
their actions that are to be conducted within the United States or upon 
the high seas, with respect to any species that is proposed to be 
listed or is listed as endangered or threatened. Because P. fasciata, 
P. ornata, P. smithi, P. subfusca, and P. vittata are not native to the 
United States, no critical habitat is being proposed for designation 
with this rule. Regulations implementing the interagency cooperation 
provision of the Act are codified at 50 CFR part 402. Section 7(a)(2) 
of the Act requires Federal agencies to ensure that activities they 
authorize, fund, or carry out are not likely to jeopardize the 
continued existence of a listed species or to destroy or adversely 
modify its critical habitat. If a proposed Federal action may adversely 
affect a listed species, the responsible Federal agency must enter into 
formal consultation with the Service. Currently, with respect to P. 
fasciata, P. ornata, P. smithi, P. subfusca, and P. vittata, no Federal 
activities are known that would require consultation.
    Section 8(a) of the Act authorizes the provision of limited 
financial assistance for the development and management of

[[Page 90313]]

programs that the Secretary of the Interior determines to be necessary 
or useful for the conservation of endangered or threatened species in 
foreign countries. Sections 8(b) and 8(c) of the Act authorize the 
Secretary to encourage conservation programs for foreign listed 
species, and to provide assistance for such programs, in the form of 
personnel and the training of personnel.
    Section 9 of the Act and our implementing regulations at 50 CFR 
17.21 set forth a series of general prohibitions that apply to all 
endangered wildlife. These prohibitions, in part, make it illegal for 
any person subject to the jurisdiction of the United States to ``take'' 
(which includes harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect; or to attempt any of these) endangered wildlife 
within the United States or upon the high seas. It is also illegal to 
possess, sell, deliver, carry, transport, or ship any such wildlife 
that has been taken illegally. In addition, it is illegal for any 
person subject to the jurisdiction of the United States to import; 
export; deliver, receive, carry, transport, or ship in interstate or 
foreign commerce, by any means whatsoever and in the course of 
commercial activity; or sell or offer for sale in interstate or foreign 
commerce any listed species. Certain exceptions apply to employees of 
the Service, the National Marine Fisheries Service, other Federal land 
management agencies, and State conservation agencies.
    We may issue permits to carry out otherwise prohibited activities 
involving endangered wildlife under certain circumstances. Regulations 
governing permits for endangered species are codified at 50 CFR 17.22. 
With regard to endangered wildlife, a permit may be issued for the 
following purposes: for scientific purposes, to enhance the propagation 
or survival of the species, and for incidental take in connection with 
otherwise lawful activities. There are also certain statutory 
exemptions from the prohibitions, which are found in sections 9 and 10 
of the Act.

Required Determinations

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and
    (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES. To better help us 
revise the rule, your comments should be as specific as possible. For 
example, you should tell us the numbers of the sections or paragraphs 
that are unclearly written, which sections or sentences are too long, 
the sections where you feel lists or tables would be useful, etc.

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), need not be 
prepared in connection with listing a species as an endangered or 
threatened species under the Endangered Species Act. We published a 
notice outlining our reasons for this determination in the Federal 
Register on October 25, 1983 (48 FR 49244).

References Cited

    A complete list of references cited in this rulemaking is available 
on the Internet at http://www.regulations.gov and upon request from the 
Branch of Foreign Species, Ecological Services (see FOR FURTHER 
INFORMATION CONTACT).

Authors

    The primary authors of this proposed rule are the staff members of 
the Branch of Foreign Species, Ecological Services, Falls Church, VA.

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245; unless 
otherwise noted.

0
2. In Sec.  17.11(h), add the following five entries to the List of 
Endangered and Threatened Wildlife in alphabetical order under 
Arachnids to read as set forth below:


Sec.  17.11   Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                           Listing citations and
          Common name              Scientific name      Where listed          Status         applicable rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Arachnids......................
 
                                                  * * * * * * *
Spider, ivory ornamental tiger.  Poecilotheria       Wherever found....  E                [Insert Federal
                                  subfusca.                                                Register citation
                                                                                           when published as a
                                                                                           final rule]
 
                                                  * * * * * * *
Spider, ornate tiger...........  Poecilotheria       Wherever found....  E                [Insert Federal
                                  ornata.                                                  Register citation
                                                                                           when published as a
                                                                                           final rule]
Spider, Pedersen's tiger.......  Poecilotheria       Wherever found....  E                [Insert Federal
                                  vittata.                                                 Register citation
                                                                                           when published as a
                                                                                           final rule]
Spider, Smith's tiger..........  Poecilotheria       Wherever found....  E                [Insert Federal
                                  smithi.                                                  Register citation
                                                                                           when published as a
                                                                                           final rule]
 
                                                  * * * * * * *
Spider, Sri Lanka ornamental     Poecilotheria       Wherever found....  E                [Insert Federal
 tiger.                           fasciata.                                                Register citation
                                                                                           when published as a
                                                                                           final rule]

[[Page 90314]]

 
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: December 5, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-30059 Filed 12-13-16; 8:45 am]
 BILLING CODE 4333-15-P