Endangered and Threatened Wildlife and Plants; Saint Francis' Satyr Determined To Be Endangered

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC44

Endangered and Threatened Wildlife and Plants; Saint Francis'

Satyr Determined To Be Endangered

AGENCY: Fish and Wildlife Service, Interior Department.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service) determines the Saint

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

endangered species under the authority of the Endangered Species Act of

1973, as amended (Act). This butterfly is known only from a single

locality in North Carolina. Recent heavy collecting pressure on this

butterfly has resulted in the one small remaining population being

reduced to near extinction. This action implements Federal protection

and recovery provisions for Saint Francis' satyr, as provided by the

Act.

EFFECTIVE DATE: February 27, 1995.

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

species was rediscovered at the type locality in 1992 during the course

of a Service-funded status survey. Section 3 of 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 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 (N. m.

mitchellii), the northern subspecies, which was listed 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 forewing 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 northern

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. The

northern 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 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 properly be 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).

Previous Federal Action

Federal government actions on this species began when it was

included as a category 2 species in the animal candidate review list

published on November 21, 1991 (56 FR 58804). Category 2 species are

those for which the Service believes that Federal listing as endangered

or threatened may be warranted but for which conclusive data on

biological vulnerability and threat are not currently available to

support proposed rules. Recent surveys conducted by Service and State

personnel led the Service to believe that sufficient information

existed to proceed with an emergency rule to list Neonympha mitchellii

francisci as endangered. The emergency rule was published on April 18,

1994 (59 FR 18324). A proposed rule (59 FR 18350) was published

simultaneously to initiate the formal listing process for this species.

[[Page 5265]]

Summary of Comments and Recommendations

In the April 18, 1994, proposed rule and associated notifications,

all interested parties were requested to submit factual reports or

information that might contribute to the development of a final rule.

Appropriate State agencies, county governments, Federal agencies,

scientific organizations, and other interested parties were contacted

and requested to comment. A newspaper notice inviting public comment

was published in the ``Fayetteville Observer,'' Fayetteville, North

Carolina, on May 6, 1994. Only one written comment was received, and

that letter expressed support for the proposal.

Summary of Factors Affecting the Species

After a thorough review and consideration of all information

available, the Service has determined that Saint Francis' satyr should

be classified as an endangered species. Procedures found at section

4(a)(1) of the Act and regulations (50 CFR part 424) promulgated to

implement the listing provisions of the Act were followed. 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. This assumption is further

supported by extensive recent searches of suitable habitat where the

species could not be found. 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 metapopulation 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 metapopulations 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 Neonympha mitchellii are

highly prized by collectors, including commercial collectors who often

systematically collect every individual available. Several populations

of the northern 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 northern subspecies in 1991 (56 FR 28828) and prior to the

publication of the emergency listing of Saint Francis' satyr, the North

Carolina population was the last site where Neonympha mitchellii could

legally be collected. Following the emergency listing of Mitchell's

satyr, the North Carolina Natural 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 on

Department of Defense (DOD) land, intensive collecting from the

periphery of these areas could reduce total population numbers below

the 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 metapopulation 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 DOD regulations that would restrict the 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 would not have been 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

[[Page 5266]] 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. DOD

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.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by this species in determining to make this rule

final. Based on this evaluation, the preferred action is to list Saint

Francis' satyr as endangered. 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 additional threats to the habitat from

fire exclusion and the lack of other processes that formerly created

suitable habitat make this species even more vulnerable to extinction.

Critical habitat is not being designated for the reasons discussed

below.

Critical Habitat

Critical habitat is defined in section 3 of the Act as: (i) the

specific areas within the geographical area occupied by a species, at

the time it is listed in accordance with the Act, on which are found

those physical or biological features (I) essential to the conservation

of the species and (II) that may require special management

considerations or protection and; (ii) specific areas outside the

geographical area occupied by a species at the time it is listed, upon

a determination that such areas are essential for the conservation of

the species. ``Conservation'' means the use of all methods and

procedures needed to bring the species to the point at which listing

under the Act is no longer necessary.

Section 4(a)(3) of the Act 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. The

Service finds that designation of critical habitat is not presently

prudent for this species. Service regulations (50 CFR 424.12(a)(1))

state that designation of critical habitat is not prudent when or both

of the following situations exist--(1) The species is threatened by

taking or other human activity, and identification of critical habitat

can be expected to increase the degree of threat to the species, or (2)

such designation of critical habitat would not be beneficial to the

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 DOD is aware of its occurrence.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the 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 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 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)(2) 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 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 DOD 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 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.

It is the policy of the Service, published in the Federal Register

on July 1, 1994 (59 FR 34272), to identify to the maximum extent

practicable at the time of listing those activities that would or would

not constitute a violation of section 9 of the Act. The intent of this

policy is to increase public awareness of the effect of the listing on

proposed or ongoing activities within a species' range. Since Saint

Francis' satyr is currently only found on DOD lands, and since the DOD

is cooperating with the Service in protecting this species, there do

not appear to be any current military activities that would likely be a

violation of section 9.

Taking the species for butterfly collections or for sale, such as

has been done in the past, is prohibited. Possession of specimens

legally acquired would not be a violation. The Service is not aware of

any otherwise lawful activities being conducted or proposed by the

public that will be affected by this listing and result in a violation

of section 9. Questions [[Page 5267]] regarding whether specific

activities will constitute a violation of section 9 should be directed

to the Field Supervisor of the Service's Asheville Office (see

ADDRESSES section).

Permits may be issued to carry out otherwise prohibited activities

involving endangered wildlife species under certain circumstances.

Regulations governing permits are codified 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. Requests for copies of the

regulations regarding listed wildlife and inquires about prohibitions

and permits should be addressed to the U.S. Fish and Wildlife Service,

Regional Permit Coordinator, 1875 Century Boulevard, Suite 200,

Atlanta, Georgia 30345 (404/697-7110, facsimile 404/679-7081).

National Environmental Policy Act

The Fish and Wildlife Service has determined that Environmental

Assessments and Environmental Impact Statements, 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 (48 FR 49244).

References Cited

Hall, S. 1993. A rangewide status survey of Saint Francis's 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 final 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, 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 539E, 574 NA NA

Francis' satyr. francisci.

* * * * * * *

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Dated: December 21, 1994.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 95-1982 Filed 1-25-95; 8:45 am]

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