Endangered and Threatened Wildlife and Plants; Proposed 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; Proposed Rule To

List the Saint Francis' Satyr as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service (Service) proposes to list a

butterfly, the Saint Francis' satyr (Neonympha mitchellii francisci) as

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 of this subspecies and is

believed to pose an imminent threat to the species' survival. Due to

the need to reduce or eliminate the likelihood of further collection,

an emergency rule is published elsewhere in today's Federal Register to

provide this butterfly with immediate protection under the Act for a

period of 240 days. Proposed listing, if made final, would implement

long-term Federal protection and allow for recovery measures in

accordance with the Act's provisions.

DATES: Comments from all interested parties must be received by June

17, 1994. Public hearing requests must be received by June 2, 1994.

ADDRESSES: Comments and material concerning this proposal should be

sent to the Field Supervisor, Asheville Field Office, U.S. Fish and

Wildlife Service, 330 Ridgefield Court, Asheville, North Carolina

28806. Comments and material received will be available for public

inspection, by appointment, during normal business hours at the above

address.

FOR FURTHER INFORMATION CONTACT:

Ms. Nora Murdock at the above address (704/665-1195, Ext. 231).

SUPPLEMENTARY INFORMATION:

Background

Saint Francis' satyr (Neonympha mitchellii francisci), one of the

rarest butterflies in eastern North America, was described by Parshall

and Kral (1989) from materials collected in North Carolina.

The authors estimate that the single known population probably

produces less than 100 adults annually. Shortly after its discovery in

1989, Saint Francis' Satyr was reported to have been collected to

extinction (Refsnider 1991, Schweitzer 1989). In 1992, the subspecies

was rediscovered at its type locality 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 and wildlife. Although N. m.

francisci is recognized taxonomically as a subspecies, it will be

referred to as a ``species'' throughout the remainder of this rule.

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

subfamily Satyrinae and the family Nymphalidae, which include many

species of butterflies commonly called satyrs and wood nymphs.

Neonympha m. francisci and N. m. mitchellii, the northern subspecies

which is listed as endangered (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). Saint Francis' satyr

has conspicuous ``eyespots'' (like most members in the wood nymph

group) on the lower surfaces of the wings, and these eyespots are a

dark maroon brown in the center--reflecting a silver cast in certain

light. The border of the eyespots is straw yellow with an outermost

border of dark brown. These eyespots, usually round to slightly oval,

are well developed on the fore and hind wings. The spots are

accentuated by two bright orange bands along the edges of the posterior

wing and by two darker brown bands across the central portion of each

wing. Saint Francis' satyr, as well as the nominate subspecies

mitchellii, can be distinguished from its congener, N. areolata, by the

latter's well-marked eyespots on the upper wings and brighter orange

bands on the hinds wings (Refsnider 1991, McAlpine et al. 1960. Wilsman

and Schweitzer 1991, Hall 1993).

Saint Francis' satyr is extremely restricted geographically and it

is presently known to exist only from a single population in North

Carolina. The annul life cycle of francisci unlike that of its northern

relative mitchellii, is bivoltine. It has two adult flights or

generations annually. Little is known about its life history, and

larval host plants are thought to be graminoids such as grasses,

sedges, and rushes. The habitat occupied by francisci consists

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

graminoids. In the North Carolina sandhills, these wet meadows are

often relicts of beaver activity. These boggy areas are quite acidic

and ephemeral, succeeding to either pocosin or swamp forest if not kept

open by frequent fires or beaver activity.

The sandhills were once covered with an open type of woodland,

dominated by longleaf pine, wire grass, and other fire-tolerant

species. The type of forest that presently exists along the creek

inhabited by francisci can only mature under a long period of fire

suppression. Parshall and Kral (1988) speculate that francisci is a

relict from a more widespread southern distribution, and its current

limited distribution could also be a result of the enormous environment

changes that have taken place in the past 100 years within the southern

coastal plain. Extensive searches of other suitable habitat in North

Carolina and South Carolina have turned up no additional populations of

this butterfly (Hall 1993, Schweitzer 1989).

Federal actions on this species began on November 21, 1991 when it

was included as a Category 2 species in the Animal Notice of Review (56

FR 58804). Category 2 species are those species 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 currently not available to support a proposed rule.

Based on recent surveys conducted by Service and State personnel, the

Service now concludes that sufficient information exists to propose

listing 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

list. 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

Due to its recent discovery, it is impossible to determine what the

original range of this butterfly was. Based upon its demonstrated

dependency on periodic fires to create new habitat and the present

trend of fire suppression on private lands, it is assumed that

francisci once occupied a more extensive area with a greater number of

populations and individuals. Massive habitat alterations are a major

factor in the reduction of the range of francisci. The extensive loss

of wetland habitats in the Carolina Coastal plains and the draining of

swamps, pocosins, bays, savannas, flatwoods, and bogs for conversion to

agriculture and silviculture is well documented.

The extirpation of beavers from the Carolinas at the turn of the

century may have played an important role in the reduction of this

butterfly's range. Beavers play an active role in the creation of sedge

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

Woodward and Hazel 1991). The open woodlands and wetlands of the

coastal plain have declined drastically during the past two centuries;

thus the range of francisci has become increasingly fragmented and the

structure of their meta-populations may have been destroyed. The

fracturing of meta-populations is cited in the decline of the aragos

skipper and a number of other butterflies associated with tall grass

prairies (Panzer 1988, D. Schweitzer pers. comm.)

Since francisci may be a relict population already, the further

destruction and fragmentation of its existing habitat has brought it

close to extinction. The sole remaining population is now fragmented

into less than 5 or 6 small colonies of individuals which occupy a

total area of a few square miles.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

Both subspecies of Neonympha mitchellii are highly prized by

collectors, including commercial collectors, who often collect every

available individual. Several populations of the nominate subspecies,

mitchellii, have been destroyed by collectors and other populations are

extremely vulnerable to this threat (Refsnider 1991). The single known

population of francisci was extremely over-collected following its

initial discovery and it is was believed to have been extirpated from

the wild. Since the emergency listing of the nominate subspecies,

mitchellii, in 1991, North Carolina was the only place where Neonympha

mitchellii could be legally collected in the wild. Following the

emergency listing of the northern subspecies (Mitchell's satyr), the

North Carolina Heritage Program received several inquiries from

collectors concerning the location of the North Carolina population

(Saint Francis' satyr). These collectors expressed apprehension about

placing any restrictions on the collecting of this rare and much sought

after satyr--francisci. Collectors have reportedly visited the known

site of francisci on a daily basis during the flight period, taking

every available adult (Hall 1993). After this initial wave of over-

collecting, many unsuccessful searches were made for Saint Francis'

satyr before it was eventually rediscovered. Little is known about this

butterfly's ecological requirements and life history, but it appears to

be more vulnerable than its northern relative. It may be more dependent

upon a longer meta-population structure than its northern cousin in

order to colonize new sites or to recolonize old sites from which it

has been extirpated.

C. Disease or Predation

There is no available evidence at this time that predation or

disease are factors in this butterfly's decline or threaten its

continued existence in the wild.

D. The Inadequacy of Existing Regulatory Mechanisms

Presently, insects are not protected from taking under North

Carolina law. Also the Department of Defense regulations do not

prohibit the take of butterflies on military lands (Saint Francis'

satyr occurs on Fort Bragg). Federal listing of this butterfly will

provide legal protection against taking and illegal trade in the

species.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

This species is dependent upon some form of disturbance (e.g.,

periodic fires and/or beaver impoundments) to create the desired

habitat needed for survival. But intense fires at critical stages

during its life cycle could eliminate small colonies of this butterfly.

Since only one population of francisci remains and there are no other

known adjacent populations to recolonize extirpated sites, this species

is extremely vulnerable to catastrophic climatic events, inbreeding

depression, disease and parasitism. Part of its habitat is adjacent to

a well-traveled road where there is the possible threat of toxic

chemical spills into its wetland habitat. Current military use of the

lands favor this species, due to the frequent fires associated with

shelling. The Department of Defense personnel are aware of the species'

plight and have limited troop movement through the area. Heavy

siltation of the small drainage areas occupied by francisci could pose

a potential threat to the species. Other potential threats to this

butterfly include pest control programs for mosquitoes and/or gypsy

moths and beaver eradication.

In developing this proposal 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. With only one population remaining (already diminished by

intensive collecting) and with the other subspecies (mitchellii) having

been eliminated from half of the States where it historically occurred,

the threat of over-collecting is well documented.

The potential for further reduction of this last known remaining

population of francisci could severely reduce the likelihood of this

butterfly's survival. Therefore, the Service is listing the species as

endangered on an emergency basis to provide maximum protection to the

remaining population during the 1994 flight period. At the same time,

the Service is initiating the normal listing process by proposing the

species for endangered status.

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 this

satyr even 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 this proposed rule.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under he 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 the fire

suppression, and facilities construction. The only known population of

Saint Francis' satyr is located on military lands, where the Department

of Defense is already working with the Service to secure the protection

and proper management of this butterfly, 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 any 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 prohibitions

activities involving endangered wildlife species under certain

circumstances. Regulations governing permits are found 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.

Public Comments Solicited

The Service intends that any final action resulting from this

proposal will be as accurate and as effective as possible. Therefore,

comments or suggestions from the public, other concerned governmental

agencies, the scientific community, industry, or any other interested

party concerning this proposed rule are hereby solicited. Comments

particularly are sought concerning:

(1) Biological, commercial trade or other relevant data concerning

any threat (or lack thereof) of this species;

(2) The location of any additional populations of this species and

the reasons why any habitat should or should not be determined to be

critical habitat as provided by section 4 of the Act;

(3) Additional information concerning the range, distribution, and

population size of this species; and

(4) Current or planned activities in the subject area and their

possible impacts on this species.

Final promulgation of the regulation on this species will take into

consideration the comments and any additional information received by

the Service, and such communications may lead to a final regulation

that differs from this proposal.

The Endangered Species Act provides for a public hearing on this

proposal, if requested. Requests must be received within 45 days of the

date of publication of the proposal. Such requests must be made in

writing and addressed to the Field Supervisor, Asheville Field Office

(see Addresses section).

National Environmental Policy Act

This Fish and Wildlife Service has determined that an Environmental

Assessment, as defined under the authority of the National

Environmental Policy Act of 1969, need not be prepared in connection

with regulations adopted pursuant to Section 4(a) of the Endangered

Species Act of 1973, as amended. A notice outlining the Service's

reasons for this determination was published in the Federal Register on

October 25, 1983 (49 FR 49244).

References Cited

Refer to the accompanying emergency rule for this section.

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

PART 17--[AMENDED]

Accordingly, it is hereby proposed to amend part 17, subchapter B

of chapter 1, title 50 of the Code of Federal Regulations, as set forth

below:

(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) Amend Sec. 17.11(h) 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 ........... NA .........

Francis' satyr. francisci.

* * * * * * *

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Dated: April 8, 1994.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 94-9219 Filed 4-15-94; 8:45 am]

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