Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Blackburn's Sphinx Moth From the Hawaiian Islands

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE20

Endangered and Threatened Wildlife and Plants; Proposed

Endangered Status for Blackburn's Sphinx Moth From the Hawaiian Islands

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes

endangered status pursuant to the Endangered Species Act of 1973, as

amended (Act), for Blackburn's sphinx moth (Manduca blackburni). This

species was found on the Hawaiian islands of Kauai, Oahu, Molokai,

Maui, and Hawaii, but is currently known only from one population on

Maui. This moth has been affected or is currently threatened by one or

more of the following; habitat degradation, introduced animals, and

biological pest control. Due to its currently restricted distribution

and small population size, this species is also threatened by naturally

occurring events. This proposal, if made final, would implement the

protection provisions provided by the Act for this moth.

DATES: Comments from all interested parties must be received by June 2,

1997. Public hearing requests must be received by May 19, 1997.

ADDRESSES: Comments and materials concerning this proposal should be

sent to Robert P. Smith, Pacific Islands Ecoregion Manager, U.S. Fish

and Wildlife Service, 300 Ala Moana Boulevard, Room 6307, P.O. Box

50167, Honolulu, Hawaii 96850. Comments and materials received will be

available for public inspection, by appointment, during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT: Robert P. Smith, at the above address

(808/541-2749).

SUPPLEMENTARY INFORMATION:

Background

The Hawaiian archipelago includes eight large volcanic islands

(Niihau, Kauai, Oahu, Molokai, Lanai,

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Kahoolawe, Maui, and Hawaii), as well as offshore islets, shoals, and

atolls set on submerged volcanic remnants at the northwest end of the

chain (the Northwestern Hawaiian Islands). Each island was built

sequentially from frequent, voluminous basaltic lava flows (Stearns

1985). The youngest island, Hawaii, is still volcanically active, and

retains its form of coalesced (consolidated), gently sloping,

unweathered shield volcanoes. Vulcanism on the older islands has long

since ceased, with subsequent erosion forming heavily weathered valleys

with steep walls, and well-developed streams and soils (Department of

Geography 1983).

This range of topographies creates a great diversity of climates.

Windward (northeastern) slopes can receive up to 1,000 centimeters (cm)

(400 inches (in.)) of rain per year, while some leeward coasts that lie

in the rain shadow of the high volcanoes are classified as deserts,

receiving as little as 25 cm (10 in.) of rain annually. The range of

moisture regimes, combined with an elevational range from coastal (0-

300m (0-1000ft)) to alpine (over 3000 meters (m) (10,000 feet)(ft))

creates a diverse mosaic of natural plant communities, with nearly all

of the world's plant formation types represented (Gagne and Cuddihy

1990). These habitats and plant communities in turn support one of the

most unique arthropod faunas in the world, with an estimated 10,000

endemic species (Howarth 1990). Unusual characters of Hawaii's native

arthropod fauna include the presence of relictual (remnant) groups, the

absence of social insects such as ants and termites, generic endemism

(the uniqueness of its genera), extremely small geographic ranges,

large species radiations (significant divergence in species diversity

from primary forms), novel (unusual) ecological shifts, flightlessness,

and loss of certain antipredator behaviors (Zimmerman 1948; 1970; Simon

et al. 1984; Howarth 1990).

Discussion of the Animal Taxon Included in This Proposed Rule

Blackburn's sphinx moth (Manduca blackburni) is Hawaii's largest

native insect, with a wingspan of up to 120 millimeters (mm) (5 in.).

Like other sphinx moths (family Sphingidae) it has long, narrow

forewings, and a thick, spindle-shaped body tapered at both ends. It is

grayish brown in color, with black bands across the apical margins of

the hind wings, and five orange spots along each side of the abdomen.

The larva is a typical large ``hornworm'' caterpillar, with a spine-

like process on the dorsal (upper) surface of the eighth body segment.

Caterpillars occur in two color forms, bright green, or a grayish

morph. Both color morphs have scattered white speckles throughout the

dorsum (back or top), with the lateral (side) margin of each body

segment bearing a horizontal white stripe, and segments 4-10 bearing

diagonal stripes on the lateral margins (Riotte 1986).

Blackburn's sphinx moth was described by Butler in 1880 as

Protoparce blackburni, and named in honor of the Reverend Thomas

Blackburn who collected the first specimens. It was later synonymized

with the tomato hornworm (Sphinx celeus Hubner = Sphinx

quinquemaculatus Hawthorn) by Meyrick (1899), and then treated as a

subspecies (blackburni) by Rothschild and Jordan (1903). Zimmerman

(1958) placed both subspecies in the genus Phlegethontius. Riotte

(1986) demonstrated that Blackburn's sphinx moth is a distinct taxon in

the genus Manduca, endemic to the Hawaiian Islands, and reinstated it

as a full species, Manduca blackburni. D'Abrera (1986) tentatively

considered Manduca blackburni to be a synonym of Manduca

quinquemaculata, but subsequent authors (Nishida 1992; Howarth and Mull

1992) have disagreed with this view, and the findings of Riotte (1986)

are accepted here. Several different common names have also been used

for this species, including the tomato hawk-moth (Swezey 1924b),

tobacco horn worm (Browne 1941), the Hawaiian tobacco worm (Timberlake

et al. 1921; Swezey 1931), the Hawaiian tomato hornworm (Fullaway and

Krauss 1945; Zimmerman 1958), the Blackburn hawk moth (Hawaiian

Entomological Society (HES) 1990; Howarth and Mull 1992), and

Blackburn's sphinx moth (49 FR 21664). In order to avoid the confusion

of these common names inconsistently associated with different

scientific names, and because the name ``Blackburn's sphinx moth'' has

been used before in the Federal Register, that name is used here.

In Hawaii, Blackburn's sphinx moth can be confused with other large

moths. Adult Blackburn's sphinx moths can be distinguished from the

related sweetpotato hornworm (Herse cingulata) by the orange rather

than white dorsal spots on the abdomen with black borders on both the

anterior (front) and posterior (rear) margins of each segment, and the

broader, marginal black band on the hind wing. Blackburn's sphinx moth

is closely related to the North American tomato hornworm (Manduca

quinquemaculata) and has been confused with this species. The larvae of

Blackburn's sphinx moth differ from those of the tomato hornworm and

tobacco hornworm (Manduca sexnotata) by having two dark longitudinal

stripes on the head capsule. Adults of Blackburn's sphinx moth can be

distinguished from the tomato hornworm and tobacco hornworm by the

presence of crescent-shaped white markings along the inner border of

the black bands on the forewing.

Larvae of Blackburn's sphinx moth feed on plants in the nightshade

family (Solanaceae). The natural host plants are native shrubs in the

genus Solanum (popolo), and endemic trees in the genus Nothocestrum

('aiea) (Riotte 1986). Larvae voraciously consume leaves, stems,

flowers and buds of these plants (Betsy Gagne, Hawaii Department of

Land and Natural Resources, pers. comm., 1994). Several other host

plants recorded for this species are not native to the Hawaiian

Islands, and include Nicotiana tabacum (commercial tobacco), Nicotiana

glauca (tree tobacco), Solanum melongena (eggplant), Lycopersicon

esculentum (tomato), and possibly Datura stramonium (Jimson weed)

(Riotte 1986). Development from egg to adult can take as little as 56

days (Williams 1947), but pupae may aestivate (lay dormant) in the soil

up to a year (Williams 1931; B. Gagne, pers. comm., 1994). Adult moths

can be found throughout the year, but seem to be most active during two

periods, January to April, and July to October (Riotte 1986).

Blackburn's sphinx moth has been recorded from the islands of

Kauai, Oahu, Molokai, Maui, and Hawaii, and collected from sea level to

760 m (2,500 ft) elevation. Most historical records were from coastal

or dryland forest habitats in areas receiving less than 120 cm (50 in.)

annual rainfall. On the island of Kauai, Blackburn's sphinx moth was

recorded only from the coastal area of Nawiliwili. Populations were

known from Honolulu, Honouliuli, and Makua on leeward Oahu, and Kamalo,

Mapulehu, and Keopu on Molokai. On Hawaii, it was known from Hilo,

Pahala, Kalaoa, Kona, and Hamakua. It appears that this moth was

historically most common on Maui, where it was recorded from Kahului,

Spreckelsville, Makena, Wailuku, Kula, Lahaina, and ``West Maui.'' It

is now known only from a single population on Maui.

Very few specimens of this species have been seen since 1940, and

after a concerted effort by staff at the B.P. Bishop Museum to relocate

this species in the late 1970's, it was considered to

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be extinct (Gagne and Howarth 1985; 49 FR 21664). In 1984, a single

population was discovered at Kanaio on East Maui. The population is

located on State-owned land, which includes a natural area reserve and

an area used by the Hawaii National Guard for military training.

Between 1986 and 1991, a total of six specimens were taken in light

traps at Kokomo, Maui, 16 kilometers (km) (10 miles (mi)) from Kanaio.

This may indicate the presence of an additional population (P. Conant,

Hawaii Department of Agriculture, pers. comm., 1994), although adult

moths are strong fliers and these specimens could have originated at

the Kanaio population. Larvae have been observed feeding on

Nothocestrum latifolium ('aiea) and tree tobacco (Howarth, Bishop

Museum, in litt., 1994), but the number of larvae and adults produced

each year is unknown. While Blackburn's sphinx moth will colonize and

utilize alien (non-native) plants for development, the only persistent

population is associated with species of Nothocestrum, and it is

believed that these host plant populations are a requirement for the

existence of this moth (B. Gagne, pers. comm. 1994).

The major threats to this species are predation by alien

parasitoids and ants, habitat degradation through the loss of its

natural host plant, and due to the single existing population,

extinction by a naturally occurring event. Blackburn's Sphinx moth is

also susceptible to over-collecting by private and commercial

collectors. These threats will be discussed in detail in the ``Summary

of Factors Affecting this Species'' section.

Previous Federal Action

An initial comprehensive notice of review for invertebrate animals

was published May 22, 1984 (49 FR 21664), in which Blackburn's sphinx

moth was considered a category 3A taxon. The Category 3A taxa

classification that existed at that time were those species for which

the Service had persuasive evidence of extinction. The Service

published an updated notice of review for animals on January 6, 1989

(54 FR 554). Although Blackburn's sphinx moth had been rediscovered by

1985, the 1989 notice of review again listed this taxon as category 3A.

In the November 15, 1994, notice of review for animals (59 FR 59020)

this species was reclassified as a C1 or a candidate species for

listing and was maintained as a candidate in the most recent notice of

review published on February 28, 1996 (61 FR 7596).

The processing of this proposed rule conforms with the Service's

final Fiscal Year 1997 listing priority guidance published in the

Federal Register on December 5, 1996, (61 FR 64475).

Summary of Factors Affecting This Species

Section 4 of the Endangered Species Act 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 Blackburn's sphinx moth (Manduca

blackburni (Butler)) are as follows:

A. The present or threatened destruction, modification, or

curtailment of its habitat or range. Despite the fact that Blackburn's

sphinx moth can feed on a variety of solanaceous plants, including

alien weeds in disturbed areas, the only persistent population is

associated with the native tree, Nothocestrum latifolium, which is

believed to be required for the survival of this species. Nothocestrum

is an endemic genus of four species confined to the Hawaiian islands

(Symon 1990). All four species, Nothocestrum latifolium, N.

breviflorum, N. longifolium and N. peltatum occur in dry to mesic

(medium moisture supply) forests, the habitat in which Blackburn's

sphinx moth has been most frequently recorded. This dry forest habitat

has been severely degraded due to past and present land management

practices including ranching, deliberate introduction of alien plants

and animals, and agricultural development (Cuddihy and Stone 1990). Due

to these factors, Nothocestrum peltatum on Kauai and N. breviflorum on

Hawaii are now federally listed as endangered species (59 FR 3904; 59

FR 55770). Nothocestrum latifolium occurs on Kauai, Oahu, Molokai,

Lanai, and Maui. Although it is not presently a protected species, it

is declining and uncommon on all these islands (Hawaiian Heritage

Program (HHP) 1993; Medeiros et al. 1993). The stand of trees at

Kanaio, one of the largest in the State (Medeiros et al. 1993), may be

the reason it still supports a population of Blackburn's sphinx moth

(Art Medeiros, National Biological Survey, pers. comm., 1994).

Although Nothocestrum latifolium presently occurs at moderate

densities at Kanaio (HHP 1993), there has been a complete lack of

seedling survival (Medeiros et al. 1993) and the stand is being

degraded by goats (Capra hircus) (Medeiros et al. 1993; F.G. Howarth,

pers. comm., 1994; Stephen L. Montgomery, Hawaii Conservation Council,

pers. comm., 1994). Goats have played a major role in the destruction

of dryland and mesic forests on the Hawaiian islands (Stone 1985; van

Riper and van Riper 1982).

Bocconia frutescens (tree poppy) is an alien shrub/tree that is

spreading at Kanaio. Tree poppy was first discovered in the Hawaiian

Islands in 1920 and is now established in dry forests on Maui and mesic

forests on Hawaii (Medeiros et al. 1993). This fast growing shrub, the

seeds of which are dispersed by fruit-eating birds, threatens the host

plant of Blackburn's sphinx moth primarily through displacement and

shading of immature plants (Medeiros et al. 1993; B. Gagne, pers.

comm., 1994). Bocconia frutescens has been designated as a noxious weed

for eradication and/or control by the Hawaiian Department of

Agriculture (Medeiros et al. 1993).

B. Overutilization for commercial, recreational, scientific, or

educational purposes. Rare butterflies and moths are highly prized by

collectors (Morris et al. 1991), who often take all individuals

obtainable (59 FR 18350; USDJ, in litt. 1993). Unrestricted collecting

and handling for scientific purposes are known to impact populations of

other species of rare Lepidoptera (butterflies and moths) (Murphy 1988)

and are considered significant threats to Blackburn's sphinx moth.

There are examples of rewards being offered for specimens of other rare

Hawaiian sphinx moths such as Tinostoma smargditis (Zimmerman 1958) and

high prices paid for very rare specimens (Morris et al. 1991). Large

scale poaching rings dealing in rare and endangered Lepidopterans have

been investigated by the Department of Justice resulting in the

indictment of several individuals (USDJ, in litt. 1993). Specimens of

Blackburn's sphinx moth have already been secured and traded by

collectors (David Preston, B.P. Bishop Museum, pers. comm., 1994).

C. Disease and predation. The geographic isolation of the Hawaiian

Islands has restricted the number of naturally colonizing arthropods

and resulted in the development of an unusual fauna. An unusually small

number (15 percent) of the known families of insects are represented by

native Hawaiian species. Some groups that often dominate continental

arthropod faunas, such as social Hymenoptera (group nesting ants, bees,

and wasps), are entirely absent from the native Hawaiian fauna (Howarth

1990). Commercial shipping and air cargo to Hawaii has resulted in the

establishment of over 2,500 species of alien arthropods (Howarth 1990;

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Howarth et al. 1994), with a continuing establishment rate of 10-20 new

species per year (Beardsley 1962; 1979). In addition to the accidental

establishment of alien species, alien predators and parasites used for

biological control of pests have been purposefully imported and

released by individuals, Republic, Territorial, State, and Federal

agencies, since 1865. Between 1890 and 1985, 243 alien species were

introduced, sometimes with the specific intent of reducing populations

of native Hawaiian insects (Funasaki et al. 1988; Lai 1988). Alien

arthropods, whether purposefully introduced or adventive

(opportunistically introduced), pose the most serious threat to

Hawaii's native insects through direct predation and parasitism, as

well as competition for food or space (Howarth and Medeiros 1989;

Howarth and Ramsay 1991).

Ants are not a natural component of Hawaii's arthropod fauna, and

endemic insect species evolved in the absence of predation pressure

from ants (Reimer 1993). Ants can be particularly destructive predators

because of their high densities, recruitment behavior (ability to

recruit other individuals to exploit a food source), aggressiveness,

and broad range of diet (Reimer 1993). Ants are known to affect prey

populations independent of prey density, and can locate and destroy

isolated individuals and populations (Nafus 1993a). At least 36 species

of ants are known to be established in the Hawaiian Islands, and three

particularly aggressive species have had severe effects on the native

insect fauna (Zimmerman 1948).

By the late 1870's, the big-headed ant (Pheidole megacephala) was

present in Hawaii and its predation on native insects was noted by

Perkins (1913), ``It may be said that no native Hawaiian Coleoptera

insect can resist this predator, and it is practically useless to

attempt to collect where it is well established. Just on the limits of

its range one may occasionally meet with a few native beetles, e.g.

species of Plagithmysus, often with these ants attached to their legs

and bodies, but sooner or later they are quite exterminated from these

localities.'' With few exceptions, native insects, including most

moths, have been eliminated from areas where the big-headed ant is

present (Perkins 1913; Gagne 1979; Gillespie and Reimer 1993). This

predator generally does not occur at elevations higher than 600 m

(2,000 ft), and is also restricted by rainfall, rarely being found in

particularly dry (less than 38-50 cm (15-20 in.) annually) or wet areas

(more than 250 cm (100 in.) annually) (Reimer et al. 1990). It has been

observed predating on eggs and all instars (developmental stages) of

native Lepidoptera caterpillars, and can completely exterminate

populations (Illingworth 1915; Zimmerman 1958). This ant occurs at

Kanaio (Medeiros et al. 1993) and is a direct threat to the population

of Blackburn's sphinx moth.

The Argentine ant (Iridomyrmex humilis) was discovered on the

island of Oahu in 1940 (Zimmerman 1941) and is now established on all

the main islands. Unlike the big-headed ant, the Argentine ant is

primarily confined to elevations greater than 600 m (2,000 ft) in areas

of moderate rainfall (Reimer et al. 1990). This species has been

demonstrated to reduce, or even eliminate populations of native

arthropods, including Lepidopterans, at high elevations in Haleakala

National Park on Maui (Cole et al. 1992). In the Kula area of Maui,

within 6 km (10 mi) of the population of Blackburn's sphinx moth

population, Argentine ants have been shown to be significant predators

on fruit flies (Wong et al. 1984).

The long-legged ant (Anoplolepis longipes) appeared in Hawaii in

1952 and now occurs on Oahu, Maui, and Hawaii (Reimer et al. 1990). It

inhabits low elevation (less than 600 m (2,000 ft)), rocky areas of

moderate rainfall (less than 250 cm (100 in.) annually) (Reimer et al.

1990). Direct observations indicate that Hawaiian arthropods are

susceptible to predation by this species (Gillespie and Reimer 1993)

and Hardy (1979) documented the disappearance of most native insects

from Kipahulu Stream on Maui after the area was invaded by the long-

legged ant.

At least two species of fire ants, Solenopsis geminita and

Solenopsis papuana, are also important threats to native Hawaiian fauna

(Reagan 1986; Gillespie and Reimer 1993) and occur on all the major

islands (Reimer et al. 1990). Ants, including the fire ant, are

considered to be the most important and consistent mortality factor on

eggs and probably larvae of the butterfly Hypolimnas bolina in Guam,

where both predator and prey are native (Nafus 1993a; 1993c). S.

geminita is also known to be a significant predator on pest fruit flies

in Hawaii (Wong and Wong 1988). S. papuana is the only abundant,

aggressive ant that has successfully invaded intact mesic forest above

600 m (2,000 ft) and is still expanding its range in Hawaii (Reimer

1993).

Hawaii also has a limited fauna of native Hymenoptera parasitoids.

Only two species in the family Braconidae are native to the islands

(Beardsley 1961) and neither are known to attack Blackburn's sphinx

moth. In contrast, species of Braconidae are common parasitoids on the

larvae of the tobacco hornworm and the tomato hornworm in North America

(Gilmore 1938). There are now at least 74 alien species, in 41 genera,

of braconid wasps established in Hawaii, at least 35 species of which

were purposefully introduced as biological control agents (Nishida

1992). Most species of alien Braconidae and Ichneumonidae wasps that

are parasitic on Lepidoptera are not host specific, but attack the

caterpillars or pupae of a variety of moths (Zimmerman 1945; 1978;

Funasaki et al. 1988). These wasps have become the dominant larval

parasitoids of Hawaii even in intact, high elevation, native forest

areas (Zimmerman 1948; Howarth et al. 1994). Wasps eggs are laid in the

eggs or caterpillars of Lepidoptera and upon hatching the larvae

consume internal tissues of the larvae, eventually destroying the host.

At least one species established in Hawaii, Hyposeter exiguae, is known

to attack the tobacco hornworm and the tomato hornworm in North America

(Carlson 1979). This species has been recorded from all the main

islands except Lanai (Nishida 1992) and was recorded parasitizing the

lawn armyworm (Spodoptera maurita) on Nicotiana glauca (tree tobacco)

at Spreckelsville, Maui, an alternate host at an historical locality of

Blackburn's sphinx moth (Swezey 1927).

The rarity of Blackburn's sphinx moth has precluded direct

documentation of alien braconid and ichneumonid wasps as parasites, but

given the abundance and host breadth of the wasps, they are considered

significant threats to this species (Howarth 1983; Gagne and Howarth

1985; Howarth et al. 1994; F.G. Howarth, pers. comm., 1994).

Small wasps in the family Trichogrammatidae parasitize insect eggs,

with numerous adults sometimes developing within a single host egg. The

taxonomy of this group is confusing, and it is unclear if Hawaii has

any native species (Nishida 1992; Jack Beardsley, University of Hawaii,

pers. comm. 1994). Several alien species are established in Hawaii

(Nishida 1992) including Trichogramma minutum, which is known to attack

the sweet potato hornworm in Hawaii (Fullaway and Krauss 1945). In

1929, the wasp Trichogramma chilonis was introduced in Hawaii as a

biological control agent for the Asiatic rice borer (Chilo

suppressalis) (Funasaki et al. 1988). This wasp parasitizes the eggs of

a variety of Lepidoptera in Hawaii, including sphinx moths (Funasaki et

al. 1988). Williams (1947) found 70% of the eggs of Blackburn's sphinx

moth to be parasitized by a Trichogramma wasp,

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probably T. chilonis. Over 80% of the eggs of the alien grass webworm

(Herpetogramma licarsisalis) in Hawaii are parasitized by these wasps

(Davis 1969). In Guam, Trichogramma chilonis effectively limits

populations of the sweetpotato hornworm (Nafus and Schreiner 1986),

which is considered to be under complete biological control by this

wasp in Hawaii (Lai 1988). While this wasp probably affects Blackburn's

sphinx moth in a density dependent manner, the level of parasitism

varying with the density of the host (Nafus 1993a), and is

theoretically unlikely to directly cause extinction of a population or

the species, the availability of more abundant, widespread alternate

hosts (any other lepidopteran eggs) may allow for the extirpation of

Blackburn's sphinx moth by this or other egg parasites as part of

broader host base (Tothill et al. 1930; Howarth 1991; Nafus 1993b).

Hawaii has no native parasitic flies in the family Tachinidae

(Nishida 1992). Two species of tachinid flies, Lespesia archippivora

and Chaetogaedia monticola, were purposefully introduced to Hawaii for

biological control of armyworms (Funasaki et al. 1988; Nishida 1992).

These flies lay their eggs externally on caterpillars, and upon

hatching, the larvae burrow into the host, attach to the inside surface

of the cuticle, and consume the soft tissues (Etchegaray and Nishida

1975b). In North America, Chaetogaedia monticola is known to attack at

least 36 species of Lepidoptera in eight families, including Sphinx

moths. Lespesia archippivora is known to attack Sphinx moths in

addition to over 60 other species of Lepidoptera in 13 families (Arnaud

1978). These species have been recorded to attack a variety of

Lepidoptera in Hawaii and are believed to depress populations of at

least two native species of moths (Lai 1988). Over 40% of the

caterpillars of the monarch butterfly (Danaus plexippus) on Oahu are

parasitized by Lespesia archippivora (Etchegaray and Nishida 1975a) and

the introduction of a related species to Fiji resulted in the

extinction of a native moth there (Tothill et al. 1930; Howarth 1991).

Both these species occur on Maui and are direct threats to Blackburn's

sphinx moth.

D. The inadequacy of existing regulatory mechanisms. The single

known population of this moth occurs on State owned land. Federal

listing would automatically invoke listing under Hawaii State law,

which prohibits taking and encourages conservation by State Government

agencies. State regulations prohibit the removal, destruction, or

damage of animals found on State lands. However, the regulations are

difficult to enforce because of limited personnel. Hawaii's Endangered

Species Act (HRS, Sect. 195D-4(a)) states, ``Any species of aquatic

life, wildlife, or land plant that has been determined to be an

endangered species pursuant to the [Federal] Endangered Species Act

shall be deemed to be an endangered species under the provisions of

this chapter and any indigenous species of aquatic life, wildlife, or

land plant that has been determined to be a threatened species pursuant

to the [Federal] Endangered Species Act shall be deemed to be a

threatened species under the provisions of this chapter.'' Further, the

State may enter into agreements with Federal agencies to administer and

manage any area required for the conservation, management, enhancement,

or protection of endangered species (HRS, Sect. 195D-5(c)). Funds for

these activities could be made available under section 6 of the Federal

Act (State Cooperative Agreements). Listing of this animal species will

therefore reinforce and supplement the protection available under State

law.

Alien predatory and parasitic insects are the primary cause of the

reduction in range and abundance of Blackburn's sphinx moth, and are

the most serious present threat to its continued existence. Some of

these alien species have been purposefully introduced by the State of

Hawaii's Department of Agriculture or other agricultural agencies

(Funasaki et al. 1988) and importations and augmentations of

lepidopteran parasitoids continues. Presently, there are no Federal

statutes that specifically require biocontrol agents to be reviewed

before they are introduced. The limited Federal review process is based

on other related Federal statutes, primarily quarantine acts,

registration acts, and protective acts for endangered species. These

statutes have substantial limitations as tools for regulating

biological control agents (Miller and Aplet 1993). Although the State

of Hawaii requires that new introductions are reviewed before release

(HRS Chapt. 150A), post-release biology and host range cannot be

predicted from laboratory studies (Gonzalez and Gilstrap 1992; Roderick

1992) and the intentional release or augmentation of any lepidopteran

predator or parasitoid is a potential threat to Blackburn's sphinx moth

(Gagne and Howarth 1985; Simberloff 1992).

E. Other natural or manmade factors affecting its continued

existence. Alien predators and parasitoids and the loss of its host

plant have extirpated all populations of this moth at lower elevations

and in more mesic areas. Thus, if the Kanaio population is severely

reduced in size there is now no potential for recolonization or

``rescue'' (Brown and Kodric-Brown 1977) of the remaining population by

immigrants (Arnold 1983). The single population of Blackburn's sphinx

moth increases the potential for extinction from naturally occurring

events. Isolated, random events such as hurricanes, landslides and

fires could result in extinction of this species if the single

population site is affected.

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 propose this

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

Blackburn's sphinx moth (Manduca blackburni) as endangered. This

species is threatened by habitat degradation through loss of its native

host plant and by predation from ants and alien parasitoid wasps. The

single extant (existing) population of this species makes it

susceptible to extinction from naturally occurring events. This species

is in danger of extinction throughout all of its range, and therefore

the preferred action is to list the Blackburn's sphinx moth as

endangered.

Critical habitat is not being proposed for this species, for

reasons discussed in the ``Critical Habitat'' section of this rule.

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, as amended, and implementing

regulations (50 CFR 424.12) require that, to the maximum extent prudent

and determinable, the Secretary designate critical habitat at the time

the species is determined to be endangered or threatened. The Service

finds that designation of critical habitat is not prudent for

Blackburn's sphinx moth at this time. Service regulations (50 CFR

[[Page 15645]]

424.12(a)(1)) state that designation of critical habitat is not prudent

when one 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.

The listing of this species under the Act publicizes the rarity of

this moth and, thus, can make it attractive to researchers and/or

collectors of rare Lepidoptera. In light of the existence of dealers in

rare and endangered Lepidopterans (USDJ in litt. 1993), Federal

Register publication of maps with precise locations and descriptions of

critical habitat, as required for the designation of critical habitat,

would increase the degree of threat to this moth from take by

collectors and could contribute to its decline.

All involved parties including the major landowners have been

notified of the importance of protecting the habitat of the remaining

population of this species. Protection of the habitat of the species

will also be addressed through the Act's recovery process and section 7

consultation process. Part of the single remaining population of this

moth is located on State lands utilized for military training of the

Hawaii National Guard. The Department of Defense is aware of the

species' occurrence on the site and is required to consult with the

Service to ensure that any actions that it authorizes, funds or carries

out do not jeopardize the continued existence of the species.

Therefore, the Service finds that designation of critical habitat for

this species is not prudent at this time, because such designation

would increase the degree of threat from collecting and would provide

no additional benefit to the species.

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 results in

public awareness and conservation actions by Federal, State, and local

agencies, private organizations, 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

taking and harm 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. 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 with the

Service on any action that is likely to jeopardize the continued

existence of a species proposed for listing or result in destruction or

adverse modification of proposed critical habitat. If a species is

listed subsequently, section 7(a)(2) requires Federal agencies to

insure that activities they authorize, fund, or carry out are not

likely to jeopardize the continued existence of the species or 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.

Part of the single remaining population of this moth is located on

State land utilized for military training of the Hawaii National Guard.

Federally supported activities that could affect Blackburn's sphinx

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

following; release or augmentation of biological control agents, road

and firebreak construction, troop movements, and fire resulting from

the use of live ammunition. Conservation of this moth is consistent

with most ongoing operations at the occupied site, and the proposed

listing of the species is not expected to result in significant

restrictions on military use of the land, or insect pest control in

Hawaii.

The Act and its implementing regulations set forth a series of

general trade prohibitions and exceptions that apply to all endangered

wildlife. The prohibitions, codified at 50 CFR 17.21, 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,

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

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

offer for sale in interstate or foreign commerce, any listed species.

It is also 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 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 the course of

otherwise lawful activities.

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 a species is listed 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 this

listing on proposed and ongoing activities within the species' range.

The Service believes that, based on the best available information, the

following action will not result in a violation of section 9:

(1) Possession, delivery, or movement, including interstate

transport and import into or export from the United States, involving

no commercial activity, dead specimens of this taxon that were

collected prior to the date of publication in the Federal Register of a

final regulation adding this taxon to the list of endangered species.

Potential activities involving Blackburn's sphinx moth that the

Service believes will likely be considered a violation of section 9

include, but are not limited to, the following:

(1) Collection of specimens of this taxon for private possession or

deposition in an institutional collection;

(2) Sale or purchase of specimens of this taxon, except for

properly documented antique specimens of this taxon at least 100 years

old, as defined by section 10(h)(1) of the Act;

(3) Unauthorized use of chemical insecticides that take Blackburn's

sphinx moth in violation of label restrictions;

(4) The unauthorized release of biological control agents which

attack any life stage of this taxon, and;

(5) The removal or destruction of the native host plant, defined as

any species in the genus Nothocestrum, within areas occupied by this

taxon.

Questions regarding whether specific activities will constitute a

violation of section 9 should be directed to the Field Supervisor of

the Service's Pacific Islands Office (see ADDRESSES section). Requests

for copies of the regulations concerning listed animals and inquiries

regarding prohibitions and permits may be addressed to the U.S. Fish

and Wildlife Service, Ecological Services, Endangered Species Permits,

911 N.E. 11th Avenue, Portland, Oregon, 97232-4181 (telephone 503/231-

2063; facsmile 503/231-6243).

[[Page 15646]]

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

threat (or lack thereof) to 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 regulations 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 one or more public hearings

on this proposal, if requested. Requests must be received within 45

days of the date of publication of the proposal in the Federal

Register. Such requests must be made in writing and be addressed to the

Ecoregion Manager (See ADDRESSES section).

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).

Required Determinations

The Service has examined this regulation under the Paperwork

Reduction Act of 1995 and found it to contain no information collection

requirements. This rulemaking was not subject to review by the Office

of Management and Budget under Executive Order 12866.

References Cited

A complete list of all references cited herein, as well as

others, is available upon request from the Pacific Islands Office

(see ADDRESSES above).

Author: The primary author of this document is Adam Asquith,

Ecological Services, Pacific Islands Ecoregion, U.S. Fish and Wildlife

Service, 300 Ala Moana Boulevard, Room 6307, P.O. Box 50167, Honolulu,

Hawaii 96850 (808/541-3441).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Proposed Regulation Promulgation

Accordingly, the Service hereby proposes to amend part 17,

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

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) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Species Vertebrate

-------------------------------------------------------- population where Critical Special

Historic range endangered or Status When listed habitat rules

Common name Scientific name threatened

--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *

Insects

* * * * * * *

Moth, Blackburn's Sphinx......... Manduca blackburni.. U.S.A. (HI)........ NA................. E NA NA NA

* * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: February 12, 1997.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 97-8350 Filed 4-1-97; 8:45 am]

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