Endangered and Threatened Wildlife and Plants; Emergency Rule To List the Saint Francis' Satyr as Endangered

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC44

Endangered and Threatened Wildlife and Plants; Emergency Rule To

List the Saint Francis' Satyr as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Emergency rule.

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SUMMARY: The Service exercises its emergency authority to determine the

Saint Francis' satyr (Neonympha mitchellii francisci) to be an

endangered species pursuant to the Endangered Species Act of 1973

(Act), as amended. This butterfly is known from a single locality in

North Carolina. Recent heavy collecting pressure has resulted in a

reduction of the only known population and is believed to pose an

imminent threat to the butterfly's existence. Protection from

collecting is needed during the species' 1994 flight season while the

Service proceeds with adopting permanent protection in accordance with

the Act's requirements. This emergency rule will implement Federal

protection for 240 days. A proposed rule to list the Saint Francis'

satyr as endangered is published elsewhere in today's Federal Register.

The proposed rule provides for public comment and a hearing (if

requested).

EFFECTIVE DATE: This emergency determination is effective on April 18,

1994 and expires on December 14, 1994. Due to the need for protecting

the St. Francis' satyr from the effects of collecting, the Service

finds that good cause exists for making this rule effective upon

publication, as provided by 50 CFR 424.18(b)(1) and the Administrative

Procedure Act (5 U.S.C. 553(d)(3)).

ADDRESSES: The complete file for this rule is available for inspection,

by appointment, during normal business hours at the Asheville Field

Office, U.S. Fish and Wildlife Service, 330 Ridgefield Court,

Asheville, North Carolina 28806.

FOR FURTHER INFORMATION CONTACT: Ms. Nora Murdock at the above address

(704/665-1195, Ext. 231).

SUPPLEMENTARY INFORMATION:

Background

Neonympha mitchellii francisci is a subspecies of one of two North

American species of Neonympha. One of the rarest butterflies in eastern

North America, it was described by Parshall and Kral in 1989 from

material collected in North Carolina. These authors estimated that the

single known population probably produced less than 100 adults per

year. Shortly thereafter, Saint Francis' satyr was reported to have

been collected to extinction (Refsnider 1991, Schweitzer 1989). The

subspecies was rediscovered at the type locality in 1992 during the

course of a Service-funded status survey. The Act defines ``species''

to include ``any subspecies of fish or wildlife or plants, and any

distinct population segment of any species of vertebrate fish or

wildlife * * *.'' Therefore, although N. m. francisci is recognized

taxonomically as a subspecies, it will be referred to as a ``species''

throughout the remainder of this emergency rule.

Saint Francis' satyr is a fairly small, dark brown butterfly and is

a typical member of the Satyrinae, a subfamily of the Nymphalidae

family, which includes many species commonly called satyrs and wood

nymphs. The wingspan for the species ranges from 34 to 44 mm (Opler and

Malikul 1992). Saint Francis' satyr and Mitchell's satyr, the northern

subspecies (N. m. mitchellii), which was classified as endangered on

May 20, 1992 (57 FR 21569), are nearly identical in size and show only

a slight degree of sexual size dimorphism (Hall 1993, Parshall and Kral

1989). Like most species in the wood nymph group, Saint Francis' satyr

has conspicuous ``eyespots'' on the lower surfaces of the wings. These

eyespots are dark maroon brown in the center, reflecting a silver cast

in certain lights. The border of these dark eyespots is straw yellow in

color, with an outermost border of dark brown. The eyespots are usually

round to slightly oval and are well-developed on the fore wing as well

as on the hind wing. The spots are accented by two bright orange bands

along the posterior wing edges and two darker brown bands across the

central portion of each wing. Saint Francis' satyr, like the nominate

subspecies, can be distinguished from its North American congener, N.

areolata, by the latter's well-marked eyespots on the upper wing

surfaces and brighter orange bands on the hind wing, as well by its

lighter coloration and stronger flight (Refsnider 1991, McAlpine et al.

1960, Wilsman and Schweitzer 1991, Hall 1993).

Saint Francis' satyr is extremely restricted geographically.

Mitchell's satyr, the nominate subspecies, has been eliminated from

approximately half its known range, primarily due to collecting

(Refsnider 1991). Saint Francis' satyr is now known to exist as only a

single population in North Carolina.

The annual life cycle of N. m. francisci, unlike that of its

northern relative, is bivoltine. That is, it has two adult flights or

generations per year. Larval host plants are believed to be graminoids

such as grasses, sedges, and rushes. Little else is known about the

life history of this butterfly. The habitat occupied by this satyr

consists primarily of wide, wet meadows dominated by sedges and other

wetland graminoids. In the North Carolina sandhills, such meadows are

often relicts of beaver activity. Unlike the habitat of Mitchell's

satyr, the North Carolina species' habitat cannot be properly called a

fen because the waters of this sandhills region are extremely poor in

inorganic nutrients. Hall (1993) states:

Whereas true fens--apparently the habitat of the northern form

of N. mitchellii (Wilsman and Schweitzer 1991)--are circumneutral to

basic in pH and are long-lasting features of the landscape, the

boggy areas of the sandhills are quite acidic as well as ephemeral,

succeeding either to pocosin or swamp forest if not kept open by

frequent fire or beaver activity.

Hall (1993) further states:

Under the natural regime of frequent fires ignited by summer

thunderstorms, the sandhills were once covered with a much more open

type of woodland, dominated by longleaf pine, wiregrass, and other

fire-tolerant species. The type of forest that currently exists

along [the creek inhabited by Saint Francis' satyr] can only grow up

under a long period of fire suppression. The dominance on this site

of loblolly pine, moreover, is due primarily to past forestry

management practices, not any form of natural succession.

Parshall and Kral speculated that N. m. francisci is a relict from

a more widespread southern distribution during the Pleistocene period.

Hall (1993) presents the following alternative hypothesis:

The current narrow distribution of francisci could also be a

result of the enormous environmental changes that have occurred in

the southern coastal plain just within the past 100 years. Only the

discovery of additional populations or fossil remains can clarify

this situation.

Extensive searches have been made of suitable habitat in North

Carolina and South Carolina, but no other populations of this butterfly

have been found (Hall 1993, Schweitzer 1989).

Federal government actions on this species began when it was

included as a category 2 species in the November 21, 1991, animal

notice of review (56 FR 58804). Category 2 species are those for which

the Service believes that Federal listing as endangered or threatened

is possibly appropriate but for which conclusive data on biological

vulnerability and threat are not currently available to support

proposed rules. Recent surveys have been conducted by Service and State

personnel, and the Service now believes sufficient information exists

to proceed with an emergency rule to list Neonympha mitchellii

francisci as endangered.

Summary of Factors Affecting the Species

Section 4(a)(1) of the Act (16 U.S.C. 1531 et seq.) and regulations

(50 CFR part 424) promulgated to implement the listing provisions of

the Act set forth the procedures for adding species to the Federal

lists. A species may be determined to be an endangered or threatened

species due to one or more of the five factors described in section

4(a)(1). These factors and their application to Saint Francis' satyr

(Neonympha mitchellii francisci) are as follows:

A. The present or threatened destruction, modification, or

curtailment of its habitat or range. Because of its relatively recent

discovery, it is impossible to determine what the original range of

Saint Francis' satyr might have been. However, based upon its

demonstrated dependency on periodic fires and the general trend of fire

suppression on private lands, it seems reasonable to assume that it

once occupied a more extensive area. As stated by Hall (1993):

In order for francisci to have survived over the past 10,000

years, there must surely have been more populations and greater

numbers of individuals than apparently now exist * * * As is true

for many species that were once widespread in the sandhills, massive

habitat alteration must also be a major factor in the diminution of

the range of francisci * * * reductions in francisci's range would

have accompanied the extensive loss of wetland habitats in the

coastal plain. Again, the draining of swamps, pocosins, Carolina

bays, savannas, flatwoods, and bogs for conversion to agriculture

and silviculture is well known. In the case of francisci, however,

the extirpation of beavers from the Carolinas may have been the

greatest factor.

Beavers had been virtually eliminated from North Carolina by the

turn of the century. Reintroductions began in 1939, but it was several

decades before they again became an agent for creation of the sedge

meadow habitats favored by Saint Francis' satyr (Hall 1993, Woodward

and Hazel 1991). Hall further states:

As the landscape mosaic of open woodlands and wetlands of the

coastal plain declined throughout the past two centuries, the range

of francisci must have become increasingly fragmented. Although

isolated populations may have persisted as long as suitable habitat

remained, the structure of their meta-populations would have been

destroyed. Opportunistic colonization of newly available habitats as

well as the repopulation of sites wiped clean by fire or other

catastrophe would have become eventually impossible; one by one, the

isolated remnants would have blinked out of existence. Although

again speculative, the fracturing of meta-populations has been used

to explain the decline of the arogos skipper and a number of

butterflies associated with the tall-grass prairies (Panzer, 1988,

D. Schweitzer, pers. comm.). That francisci was a relict to begin

with only exacerbated this problem; the overall effect was to bring

it as close to extinction as any butterfly in the country.

The sole surviving population of this species is now fragmented

into less than half a dozen small colonies that occupy a total area no

larger than a few square miles.

B. Overutilization for commercial, recreational, scientific, or

educational purposes. Both subspecies of the Saint Francis' satyr are

highly prized by collectors, including commercial collectors who often

systematically collect every individual available. Several populations

of the nominate subspecies are known to have been obliterated by

collectors, and others are believed extremely vulnerable to this threat

(Refsnider 1991). As mentioned in the ``Background'' section, the

single known population of Saint Francis' satyr was so hard-hit by

collectors in the 3 years following its initial discovery that it was

believed to have been collected to extinction. Subsequent to the

emergency listing of the nominate subspecies and prior to the

publication of this rule, the North Carolina population was the last

where Neonympha mitchellii could legally be collected. Following the

emergency listing of Mitchell's satyr, the North Carolina Heritage

Program received several inquiries from collectors about access to the

last available population. Several expressed apprehension about any

restriction on collecting of this rare and much-sought-after satyr.

Collectors reportedly visited the known site every day throughout the

flight periods, taking every adult they saw (Hall 1993). After this

first wave of over-collection, many unsuccessful searches for the

butterfly were made before it was eventually rediscovered. Numbers of

individuals then seen were much lower than those reported by Parshall

and Kral (1989), with the highest single count consisting of only 11

butterflies (Hall 1993). Even though part of this population is

protected from collectors by virtue of being within dangerous artillery

impact areas, intensive collecting from the periphery of these areas

could reduce total population numbers below levels needed for long-term

survival. Very little is known about this species' life history and

ecological requirements, but it appears to be a more vagile species

than its northern relative. It may well be dependent upon a large meta-

population structure in order to colonize new sites or recolonize those

from which it has been extirpated.

C. Disease or predation. This butterfly, like others, is

undoubtedly consumed by predators, but there is no evidence that

predation is a threat to the species at this point. Disease is not

known to be a factor in its decline.

D. The inadequacy of existing regulatory mechanisms. Insects are

not protected from collection under North Carolina law. There are also

no Department of Defense regulations that would restrict collecting of

Saint Francis' satyr in North Carolina. Federal listing of this species

will provide legal protection against indiscriminate taking and illegal

trade.

E. Other natural or manmade factors affecting its continued

existence. Although the habitat occupied by this species is dependent

upon some form of disturbance to set back succession (e.g., periodic

fire and/or beaver impoundments), intense fires at critical times

during the life cycle of the species can eliminate small colonies.

Historically, this did not present a problem since there were

undoubtedly other adjacent populations that could recolonize extirpated

sites. However, the fact that only one population of this species now

remains makes it more vulnerable to such threats as catastrophic

climatic events, inbreeding depression, disease, and parasitism. Part

of the occupied area is adjacent to regularly traveled roads, where

there is the threat of toxic chemical spills into the species' wetland

habitat. Current military use of the impact areas is favorable to this

species; the frequent fires associated with shelling are undoubtedly a

principal reason why the species is surviving on military lands and not

on surrounding private lands. Department of Defense personnel are aware

of the species' plight and have been cooperative in protection efforts.

However, heavy siltation is a potential problem that could threaten the

small drainages occupied by the species. Although troop movements

directly through an area occupied by the satyr could have negative

impacts, this has not occurred to date; these activities have now been

directed away from areas where the satyr occurs. Other potential

threats to the species include pest control programs (for mosquitoes or

gypsy moths) and beaver control.

Reasons for Emergency Determination

In developing this rule the Service has carefully assessed the best

scientific and commercial information available regarding the past,

present, and future threats faced by this species. Based on this

evaluation, the preferred action is to list Saint Francis' satyr as

endangered on an emergency basis. With only one population remaining

(and this one having already been diminished by intensive collecting)

and with the other subspecies having been completely eliminated from

half the States where it historically occurred, the threat of over-

collection cannot be denied. The Service has concluded that conducting

the normal listing process will delay protection of the species until

after the 1994 flight period, thus subjecting the species to an

additional year of excessive collecting pressure. The resulting

potential for further reduction of this last population could severely

reduce the probability of the species' survival. Therefore, the Service

is listing the species on an emergency basis to provide maximum

protection to the known population during the 1994 flight period.

Critical Habitat

Section 4(a)(3) of the Act, as amended, requires that, to the

maximum extent prudent and determinable, the Secretary designate

critical habitat at the time a species is determined to be endangered

or threatened. At this time the Service has made a preliminary finding

that designation of critical habitat is not prudent for this species.

As discussed under Factor B in the ``Summary of Factors Affecting the

Species'' section, Saint Francis' satyr has already been impacted by

over-collecting and continues to be threatened by collecting pressure.

Publication of critical habitat descriptions and maps would make the

satyr more vulnerable to collection and would increase enforcement

problems and the likelihood of extinction. Protection of this species'

habitat will be addressed through the recovery process and through the

Section 7 jeopardy standard. The single remaining population is located

on military lands, where the Department of Defense is aware of its

occurrence. Comments regarding the designation of critical habitat will

be accepted and reviewed during the comment period established by the

proposed rule, which is published in this issue of the Federal

Register.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Endangered Species Act include recognition,

recovery actions, requirements for Federal protection, and prohibitions

against certain practices. Recognition through listing encourages and

results in conservation actions by Federal, State, and private

agencies, groups, and individuals. The Endangered Species Act provides

for possible land acquisition and cooperation with the States and

requires that recovery actions be carried out for all listed species.

The protection required of Federal agencies and the prohibitions

against certain activities involving listed animals are discussed, in

part, below.

Section 7(a) of the Act, as amended, requires Federal agencies to

evaluate their actions with respect to any species that is proposed or

listed as endangered or threatened and with respect to its critical

habitat, if any is being designated. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

part 402. Section 7(a)(4) requires Federal agencies to confer

informally with the Service on any action that is likely to jeopardize

the continued existence of a proposed species or result in the

destruction or adverse modification of proposed critical habitat. If

the species is listed subsequently, Section 7(a)(2) requires Federal

agencies to ensure that activities they authorize, fund, or carry out

are not likely to jeopardize the continued existence of such a species

or to destroy or adversely modify its critical habitat. If a Federal

action may affect a listed species or its critical habitat, the

responsible Federal agency must enter into formal consultation with the

Service. Federal activities that could impact Saint Francis' satyr and

its habitat in the future include, but are not limited to, the

following: road and firebreak construction, pesticide application,

beaver control, troop movements, prescribed burning and fire

suppression, and facilities construction. The only known population is

located on military lands, where the Department of Defense is already

working with the Service to secure the protection and proper management

of Saint Francis' satyr while accommodating military activities to the

extent possible. Conservation of this butterfly is consistent with most

ongoing military operations at the occupied site, and the listing of

the species is not expected to result in significant restrictions on

military use of the land.

The Act and implementing regulations found at 50 CFR 17.21 set

forth a series of general prohibitions and exceptions 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

(includes harass, harm, pursue, hunt, shoot, wound, kill, trap, or

collect; or to attempt any of these), import or export, ship in

interstate commerce in the course of a commercial activity, or sell or

offer for sale in interstate or foreign commerce and listed species. It

also is illegal to possess, sell, deliver, carry, transport, or ship

any such wildlife that has been taken illegally. Certain exceptions

apply to agents of the Service and State conservation agencies.

Permits may be issued to carry out otherwise prohibited activities

involving endangered wildlife species under certain circumstances.

Regulations governing permits are at 50 CFR 17.22 and 17.23. Such

permits are available for scientific purposes, to enhance the

propagation or survival of the species, and/or for incidental take in

connection with otherwise lawful activities.

References Cited

Hall, S. 1993. A rangewide status survey of Saint Francis' satyr

Neonympha mitchellii francisci (Lepidoptera: Nymphalidae). Report to

U.S. Fish and Wildlife Service, Endangered Species Field Office,

Asheville, NC. 44 pp.

McAlpine, W., S. Hubble, and T. Pliske. 1960. The distribution,

habits, and life history of Euptychia mitchellii (Satyrinae). J.

Lep. Soc. 14:209-225.

Opler, P., and V. Malikul. 1992. A field guide to eastern

butterflies. Houghton Miflin Co., New York.

Parshall, D. K., and T. W. Kral. 1989. A new subspecies of Neonympha

mitchellii (French) (Satyrinae) from North Carolina. J. Lep. Soc.

43:114-119.

Refsnider, R. 1991. Emergency rule to list the Mitchell's satyr as

endangered. Federal Register 56(122):28825.

Schweitzer, D. 1989. A review of category 2 insects in the U.S. Fish

and Wildlife Service's Regions 3, 4, and 5. Report to the U.S. Fish

and Wildlife Service, Newton Corner, MA. Pp. 132-133.

Wilsman, L., and D. Schweitzer. 1991. A rangewide status survey of

Mitchell's satyr, Neonympha mitchellii mitchellii (Lepidoptera:

Nymphalidae). Report to the U.S. Fish and Wildlife Service, Region

3, Endangered Species Office, Twin Cities, MN.

Woodward, D., and R. Hazel. 1991. Beavers in North Carolina;

ecology, utilization, and management. Cooperative Extension Service

Publication No. AG-434, North Carolina State University, Raleigh,

NC.

Author

The primary author of this proposed rule is Ms. Nora Murdock (see

Addresses section) (704/665-1195, Ext. 231).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Regulation Promulgation

Accordingly, effective April 18, 1994 until December 14, 1994, part

17, subchapter B of chapter I, title 50 of the Code of Federal

Regulations, is amended as set forth below:

PART 17--[AMENDED]

(1) The authority citation for part 17 continues to read as

follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

(2) Section 17.11(h) is amended by adding the following, in

alphabetical order under ``Insects,'' to the List of Endangered and

Threatened Wildlife to read as follows:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *

(h) * * *

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Species Vertebrate population

---------------------------------------------------- Historic range where endangered or Status When listed Critical Special

Common name Scientific name threatened habitat rules

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* * * * * * *

Insects:

* * * * * * *

Butterfly, Saint Neonympha mitchellii U.S.A. (NC)............. NA...................... E 539 NA NA

Francis' satyr. francisci.

* * * * * * *

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Dated: April 8, 1994.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 94-9218 Filed 4-17-94; 8:45 am]

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