Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Fluminense Swallowtail, Harris' Mimic Swallowtail, and Hahnel's Amazonian Swallowtail, 48414-48424 [2023-15739]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Proposed Rules]
[Pages 48414-48424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15739]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2023-0067; FF09E22000 FXES1111090FEDR 234]
RIN 1018-BG69


Endangered and Threatened Wildlife and Plants; Endangered Species 
Status for the Fluminense Swallowtail, Harris' Mimic Swallowtail, and 
Hahnel's Amazonian Swallowtail

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
list two species and one subspecies of Brazilian swallowtail 
butterflies as endangered species under the Endangered Species Act of 
1973, as amended (Act). Specifically, we are proposing to list the 
Fluminense swallowtail (Parides ascanius), Harris' mimic swallowtail 
(Eurytides (=Mimoides) lysithous harrisianus), and Hahnel's Amazonian 
swallowtail (Parides hahneli), all butterflies endemic to Brazil. After 
a review of the best scientific and commercial information available, 
we find that listing all three swallowtails is warranted. Accordingly, 
we propose to list the Fluminense swallowtail, Harris' mimic 
swallowtail, and Hahnel's Amazonian swallowtail as endangered species 
under the Act. If we finalize this rule as proposed, it would add these 
species to the List of Endangered and Threatened Wildlife and extend 
the Act's protections to these species.

DATES: We will accept comments received or postmarked on or before 
September 25, 2023. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 
p.m. eastern time on the closing date. We must receive requests for a 
public hearing, in writing, at the address shown in FOR FURTHER 
INFORMATION CONTACT by September 11, 2023.

ADDRESSES: 
    Written comments: You may submit comments by one of the following 
methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-HQ-ES-2023-0067, 
which is the docket number for this rulemaking. Then, click on the 
Search button. On the resulting page, in the panel on the left side of 
the screen, under the Document Type heading, check the Proposed Rule 
box to locate this document. You may submit a comment by clicking on 
``Comment.''
    (2) By hard copy: Submit by U.S. mail to: Public Comments 
Processing, Attn: FWS-HQ-ES-2023-0067, U.S. Fish and Wildlife Service, 
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Information Requested, below, for more information).
    Availability of supporting materials: Supporting materials, such as 
the species status assessment report, are available at https://www.regulations.gov at Docket No. FWS-HQ-ES-2023-0067.

FOR FURTHER INFORMATION CONTACT: Rachel London, Chief, Branch of 
Delisting and Foreign Species, Ecological Services Program, U.S. Fish 
and Wildlife Service, MS: ES, 5275

[[Page 48415]]

Leesburg Pike, Falls Church, VA 22041-3803; telephone 703-358-2171. 
Individuals in the United States who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States.

SUPPLEMENTARY INFORMATION: 

Information Requested

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available and 
be as accurate and as effective as possible. Therefore, we request 
comments or information from other governmental agencies, Native 
American Tribes, the scientific community, industry, or any other 
interested parties concerning this proposed rule. We particularly seek 
comments concerning:
    (1) The species' biology, range, and population trends, including:
    (a) Biological or ecological requirements of the species, including 
habitat requirements for feeding, breeding, and sheltering;
    (b) Genetics and taxonomy;
    (c) Historical and current ranges, including distribution patterns 
and the locations of any additional populations of these species;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for the species, their 
habitats, or both.
    (2) Threats and conservation actions affecting these species, 
including:
    (a) Factors that may be affecting the continued existence of the 
species, which may include habitat destruction, modification, or 
curtailment; overutilization; disease; predation; the inadequacy of 
existing regulatory mechanisms; or other natural or manmade factors.
    (b) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to these species.
    (c) Existing regulations or conservation actions that may be 
addressing threats to these species.
    (3) Additional information concerning the historical and current 
status of these species.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Please note that submissions merely stating support for, or 
opposition to, the action under consideration without providing 
supporting information, although noted, do not provide substantial 
information necessary to support a determination. Section 4(b)(1)(A) of 
the Act (16 U.S.C. 1533(b)(1)(A)) directs that determinations as to 
whether any species is an endangered or a threatened species must be 
made solely on the basis of the best scientific and commercial data 
available.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES.
    If you submit information via https://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the website. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on https://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on https://www.regulations.gov.
    Our final determinations may differ from this proposal because we 
will consider all comments we receive during the comment period as well 
as any information that may become available after this proposal. Based 
on the new information we receive (and, if relevant, any comments on 
that new information), we may conclude that one or more of these 
species are threatened instead of endangered, or we may conclude that 
one or more of these species do not warrant listing as either 
endangered species or threatened species. In our final rule, we will 
clearly explain our rationale and the basis for our final decisions, 
including why we made changes, if any, that differ from this proposal.

Public Hearing

    Section 4(b)(5) of the Act (16 U.S.C. 1533(b)(5)) provides for a 
public hearing on this proposal, if requested. Requests must be 
received by the date specified in DATES. Such requests must be sent to 
the address shown in FOR FURTHER INFORMATION CONTACT. We will schedule 
a public hearing on this proposal, if requested, and announce the date, 
time, and place of the hearing, as well as how to obtain reasonable 
accommodations, in the Federal Register at least 15 days before the 
hearing. We may hold the public hearing in person or virtually via 
webinar. We will announce any public hearing on our website, in 
addition to the Federal Register. The use of virtual public hearings is 
consistent with our regulations at 50 CFR 424.16(c)(3).

Previous Federal Actions

    On January 1, 1994, we received a petition to add the Fluminense, 
Harris' mimic, and Hahnel's Amazonian swallowtails to the List of 
Endangered and Threatened Wildlife. On May 10, 1994, we published in 
the Federal Register (59 FR 24117) a 90-day finding that they may be 
warranted for listing. On December 7, 2004, we published in the Federal 
Register (69 FR 70580) a warranted but precluded 12-month finding for 
the Fluminense, Harris' mimic, and Hahnel's Amazonian swallowtails and 
identified them as candidates under the Act (16 U.S.C. 1531 et seq.). 
Candidates are those fish, wildlife, and plants for which we have on 
file sufficient information on biological vulnerability and threats to 
support preparation of a listing proposal, but for which development of 
a listing rule is precluded by other higher priority listing 
activities. These three species remained designated as candidates in 
the subsequent candidate notices of review (72 FR 20184, April 23, 
2007; 73 FR 44062, July 29, 2008; 74 FR 40540, August 12, 2009; 76 FR 
25150, May 3, 2011; 78 FR 24604, April 25, 2013; 81 FR 71457, October 
17, 2016; 84 FR 54732, October 10, 2019; 86 FR 43470, August 9, 2021; 
87 FR 26152, May 3, 2022).

Peer Review

    A species status assessment (SSA) team prepared an SSA report for 
the Fluminense swallowtail, Harris' mimic swallowtail, and Hahnel's 
Amazonian swallowtail. The SSA team was composed of Service biologists, 
in consultation with other species experts. The SSA report represents a 
compilation of the best scientific and commercial data available 
concerning the status of the species, including the impacts of past, 
present, and future factors (both negative and beneficial) affecting 
the species.
    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), and our August 22, 
2016, memorandum updating and clarifying the role of peer review of 
listing actions under the Act, we solicited independent scientific 
review of the information contained in the Fluminense swallowtail, 
Harris'

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mimic swallowtail, and Hahnel's Amazonian swallowtail SSA report. We 
sent the SSA report to seven independent peer reviewers and received 
four responses. Results of this structured peer review process can be 
found at Docket No. FWS-HQ-ES-2023-0067 on https://www.regulations.gov. 
In preparing this proposed rule, we incorporated the results of these 
reviews, as appropriate, into the SSA report, which is the foundation 
for this proposed rule.

Summary of Peer Reviewer Comments

    As discussed in Peer Review above, we received comments from four 
peer reviewers on the draft SSA report. We reviewed all comments we 
received from the peer reviewers for substantive issues and new 
information regarding the information contained in the SSA report. The 
peer reviewers generally concurred with our methods and conclusions, 
and provided additional information, clarification, and suggestions, 
including updates to the taxonomy of Eurytides, clarifications in 
terminology, discussion of uncertainty, and other editorial 
suggestions.
    One peer reviewer suggested we inappropriately based our 
distribution area estimates for the three species on alfa hull 
polygons, spatial polygons used to represent a geographic location, and 
that our map suggests occurrences outside the distribution of the three 
species. The estimated ranges were based on data from the International 
Union for Conservation of Nature and Natural Resources (IUCN) and 
Sistema de Avalia[ccedil][atilde]o do Risco de Extin[ccedil][atilde]o 
da Biodiversidade (SALVE) and were not estimated using alfa hull 
polygons. We clarified the language in the SSA report and added details 
to the uncertainty discussion to address these concerns. Two peer 
reviewers also noted new occurrence records for the Fluminense and 
Harris' mimic swallowtails, but they were unable to provide further 
specifics at this time because the data are under restricted use. We 
incorporated the information on these new occurrence records into the 
text of the SSA report, but without details on the exact location, 
size, or condition of the new occurrence records, we were unable to 
incorporate them into the habitat analyses in the SSA report. In the 
SSA report, we also considered how this added uncertainty could lead to 
either over or under estimation in the resiliency, redundancy, and 
representation of the species. Otherwise, no substantive changes to our 
analysis and conclusions within the SSA report were deemed necessary, 
and peer reviewer comments are addressed in the SSA report (Service 
2023, entire).

Background

Taxonomy and Physical Description

    The Fluminense swallowtail, Harris' mimic swallowtail, and Hahnel's 
Amazonian swallowtail are all butterflies belonging to the Papilonidae 
family. The Fluminense swallowtail (Parides ascanius) and Hahnel's 
Amazonian swallowtail (Parides hahneli) are both full species in the 
multi-species genus Parides (Tyler, Hamilton A., Brown, and Wilson 
1994, pp. 179, 185; Racheli and Olmisani 1998, p. 126; Racheli, Bauer, 
and Frankenbach 2006, pp. 73, 77; B[aacute]nki et al. 2022, 
unpaginated). The Harris's mimic swallowtail, Eurytides (=Mimoides or 
Graphium) lysithous harrisianus (Swainson 1822), is a subspecies of E. 
(=M.) lysithous (D'Abrera 1981 and D'Almeida 1966 as cited in Collins 
and Morris 1985, p. 208; Zhang et al. 2019, p. 3).
    All three swallowtails are endemic to Brazil. The Fluminense 
swallowtail butterfly is a black-white-and-red swallowtail with a 45-
millimeter (mm) (1.77-inch (in)) wingspan (Otero and Brown 1984, p. 2). 
Mimicking the Fluminense swallowtail, Harris' mimic swallowtail is a 
similar-looking medium-sized black-white-and-red swallowtail with 
narrow and relatively short tails (Collins and Morris 1985, p. 208). 
Hahnel's Amazonian swallowtail is a large black-and-yellow butterfly 
with a wingspan of 80-100 mm (3.14-3.93 in) (Collins and Morris 1985, 
p. 242).

Fluminense Swallowtail Ecology

    The Fluminense swallowtail, endemic to sand forests or 
``restingas,'' currently occupies an estimated 36 to 288 square 
kilometers (km\2\) of sparse habitat fragments across the swampy 
coastal forests of Rio de Janeiro state and the southern part of 
Esp[iacute]rito Santo state (Soares et al. 2011, p. 69; Seraphim et al. 
2016, p. 534; H. Grice et al. 2019b, p. 2; Almeida 2023, unpaginated; 
Brant 2023, pers. comm.; Rosa, Ribeiro, and Freitas 2023, p. 8). Larvae 
feed exclusively on pipevine (also known as Dutchman's pipe) 
(Aristolochia trilobata), which grows primarily in rich, wet soils and 
is endemic to restinga habitats (Almeida 2015a, unpaginated; Seraphim 
et al. 2016, p. 534). Adult Fluminense swallowtails have been 
documented to feed on over 30 flowering plant species of more than 12 
families (Almeida 2015a, unpaginated).
    The Fluminense swallowtail typically has six generations per year 
and develops from egg to adult in approximately 50-58 days, with adult 
male life expectancy averaging 12.3 days (Otero and Brown 1984, pp. 5-
6, 8-9; Herkenhoff et al. 2013, pp. 29-32; Almeida 2015b, p. 387). 
Adult males can travel distances of 400 to 1,000 meters (m) but are not 
found above 60 m of altitude (Soares et al. 2011, p. 69; Herkenhoff et 
al. 2013, pp. 29, 32; Seraphim et al. 2016, p. 544).
    Fluminense swallowtails are known to have a sparse distribution 
throughout their range; sex ratios are male-dominated; and population 
numbers increase in the austral spring, peaking in October, correlated 
with warmer temperatures and lower relative humidity (Herkenhoff et al. 
2013, p. 32; dos Santos Pereira et al. 2020, pp. 371-372). The 
Fluminense swallowtail currently occupies at least eight sites in the 
state of Rio de Janeiro where the species exhibits a metapopulation 
structure (a group of separate subpopulations that has some level of 
mixing) (Seraphim et al. 2016, pp. 534, 544). The species has also 
recently been seen in the southern part of the state of Esp[iacute]rito 
Santo, but records of this occurrence are not yet published (Brant 
2023, unpaginated). There has been a continual decline in both the 
number of subpopulations as well as the numbers of individuals within 
each subpopulation, but there are no current total population estimates 
(Seraphim et al. 2016, p. 535; Almeida 2017, unpaginated; H. Grice et 
al. 2019b, p. 4).

Harris' Mimic Swallowtail Ecology

    The Harris' mimic swallowtail currently occupies approximately 96 
km\2\ in Rio de Janeiro city, Barra de S[atilde]o Jo[atilde]o, 
Po[ccedil]o das Antas Biological Reserve, Jurubatiba National Park, and 
possibly near Vit[oacute]ria City in Esp[iacute]rito Santo state. In 
these areas, the Harris' mimic swallowtail inhabits sand-forest 
habitats composed of mixed dense and open vegetation adjacent to and in 
the lowland restinga swamps and in sandy flats above the tidal margins 
of the coastal Atlantic Forest (Otero and Brown, 1984, p. 10; Collins 
and Morris 1985, p. 209; Tyler, Hamilton A., Brown, and Wilson 1994, p. 
179; Brown, Jr. 2004, pers. comm.; Monteiro et al. 2004, entire; Brant 
2023, pers. comm.; Rosa, Ribeiro, and Freitas 2023, p. 8).
    Harris' mimic swallowtail feeds on several plant species in the 
larval stage, and adults feed on nectar from flowering plants (Collins 
and Morris 1985, p. 209; Tyler, Hamilton A., Brown, and Wilson 1994, p. 
179; Xerces Society 2006, unpaginated). The Harris'

[[Page 48417]]

mimic swallowtail has one brood per year, and individuals can remain in 
the pupal stage for 9 months to a year (Collins and Morris 1985, p. 
209; Tyler, Hamilton A., Brown, and Wilson 1994, p. 179; Almeida 2015a, 
unpaginated). The adult flight season is from September to February, 
and flight activity is strongly associated with high humidity and 
sunshine (Collins and Morris 1985, p. 209).
    Population ecology data are limited for Harris' mimic swallowtail. 
While new and unpublished information indicates there may be more 
colonies that have recently been discovered, the current best available 
information indicates there are only five known colonies of the 
subspecies, with abundance estimates for only one site from the early 
2000s (Tyler, Hamilton A., Brown, and Wilson 1994, p. 179; Brown, Jr. 
2004, pers. comm.; Monteiro et al. 2004, entire; Almeida 2015a, 
unpaginated; Brant 2023, pers. comm.). Information on sex ratio, 
population structure, and total population size are unknown, but the 
best available information indicates the total population size is 
decreasing due to ongoing habitat loss and degradation.

Hahnel's Amazonian Swallowtail Ecology

    Hahnel's Amazonian swallowtail is very rare with a patchy 
distribution, inhabiting old sand strips (i.e., stranded beaches) in 
remote regions along the tributaries of the middle and lower Amazon 
River basin in the states of Amazonas and Par[aacute] (Brown in litt. 
1982, as cited in Collins and Morris 1985, p. 242; New and Collins 
1991, p. 29; Tyler, Hamilton A., Brown, and Wilson 1994, p. 178; 
Racheli, Bauer, and Frankenbach 2006, p. 77; H. Grice et al. 2019c, p. 
4). Hahnel's Amazonian swallowtail's location records span a wide 
range, and, due to lack of recent surveys, it is unknown whether the 
species persists in these locations (Brown, Jr. 2004, pers. comm.; H. 
Grice et al. 2019c, p. 2).
    Due to its extremely low densities and occurrence in remote 
regions, there is very limited information on the ecology, population 
size, population trends, or sex ratio of Hahnel's Amazonian 
swallowtail. We are unaware of any information on the number of 
generations per year, life span, or duration of each life stage for 
this species. The species likely feeds on only one or a few larval host 
plants, and while it has not been identified to species, it is believed 
to be in the Dutchman's pipe genus, either Aristolochia lanceolato-
lorato or A. acutifolia (Collins and Morris 1985, p. 242; Tyler, 
Hamilton A., Brown, and Wilson 1994, p. 337; Racheli, Bauer, and 
Frankenbach 2006, p. 13). Like other swallowtail butterflies, it has 
been seen flying high, at or above the canopy (Brown, Jr. 2004, pers. 
comm.). The species is known to have a linear and patchy distribution, 
which might limit gene flow (Collins and Morris 1985, p. 242; H. Grice 
et al. 2019c, p. 4).
    A thorough review of the taxonomy, life history, and ecology of the 
Fluminense, Harris' mimic, and Hahnel's Amazonian swallowtails is 
presented in the SSA report (Service 2023, pp. 1-11).

Regulatory and Analytical Framework

Regulatory Framework

    Section 4 of the Act (16 U.S.C. 1533) and the implementing 
regulations in title 50 of the Code of Federal Regulations set forth 
the procedures for determining whether a species is an endangered 
species or a threatened species, issuing protective regulations for 
threatened species, and designating critical habitat for endangered and 
threatened species. In 2019, jointly with the National Marine Fisheries 
Service, the Service issued a final rule that revised the regulations 
in 50 CFR part 424 regarding how we add, remove, and reclassify 
endangered and threatened species and the criteria for designating 
listed species' critical habitat (84 FR 45020; August 27, 2019). On the 
same day, the Service also issued final regulations that, for species 
listed as threatened species after September 26, 2019, no longer 
automatically applied the prohibitions that section 9 of the Act 
applies to endangered species (84 FR 44753; August 27, 2019).
    The Act defines an ``endangered species'' as a species that is in 
danger of extinction throughout all or a significant portion of its 
range, and a ``threatened species'' as a species that is likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its range. The Act requires that we 
determine whether any species is an endangered species or a threatened 
species because of any of the following factors:
    (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (B) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (C) Disease or predation;
    (D) The inadequacy of existing regulatory mechanisms; or
    (E) Other natural or manmade factors affecting its continued 
existence.
    These factors represent broad categories of natural or human-caused 
actions or conditions that could have an effect on a species' continued 
existence. In evaluating these actions and conditions, we look for 
those that may have a negative effect on individuals of the species, as 
well as other actions or conditions that may ameliorate any negative 
effects or may have positive effects.
    We use the term ``threat'' to refer in general to actions or 
conditions that are known to or are reasonably likely to negatively 
affect individuals of a species. The term ``threat'' includes actions 
or conditions that have a direct impact on individuals (direct 
impacts), as well as those that affect individuals through alteration 
of their habitat or required resources (stressors). The term ``threat'' 
may encompass--either together or separately--the source of the action 
or condition or the action or condition itself.
    However, the mere identification of any threat(s) does not 
necessarily mean that the species meets the statutory definition of an 
``endangered species'' or a ``threatened species.'' In determining 
whether a species meets either definition, we must evaluate all 
identified threats by considering the species' expected response and 
the effects of the threats--in light of those actions and conditions 
that will ameliorate the threats--on an individual, population, and 
species level. We evaluate each threat and its expected effects on the 
species, then analyze the cumulative effect of all of the threats on 
the species as a whole. We also consider the cumulative effect of the 
threats in light of those actions and conditions that will have 
positive effects on the species, such as any existing regulatory 
mechanisms or conservation efforts. The Secretary determines whether 
the species meets the definition of an ``endangered species'' or a 
``threatened species'' only after conducting this cumulative analysis 
and describing the expected effect on the species now and in the 
foreseeable future.
    The Act does not define the term ``foreseeable future,'' which 
appears in the statutory definition of ``threatened species.'' Our 
implementing regulations at 50 CFR 424.11(d) set forth a framework for 
evaluating the foreseeable future on a case-by-case basis. The term 
``foreseeable future'' extends only so far into the future as we can 
reasonably determine that both the future threats and the species' 
responses to those threats are likely. In other words, the foreseeable 
future is the period of time in which we can make reliable predictions. 
``Reliable'' does not mean ``certain''; it means sufficient to provide

[[Page 48418]]

a reasonable degree of confidence in the prediction. Thus, a prediction 
is reliable if it is reasonable to depend on it when making decisions.
    It is not always possible or necessary to define the foreseeable 
future as a particular number of years. Analysis of the foreseeable 
future uses the best scientific and commercial data available and 
should consider the timeframes applicable to the relevant threats and 
to the species' likely responses to those threats in view of its life-
history characteristics. Data that are typically relevant to assessing 
the species' biological response include species-specific factors such 
as lifespan, reproductive rates or productivity, certain behaviors, and 
other demographic factors.

Analytical Framework

    The SSA report documents the results of our comprehensive 
biological review of the best scientific and commercial data regarding 
the status of the species, including an assessment of the potential 
threats to the species. The SSA report does not represent our decision 
on whether the species should be proposed for listing as an endangered 
or threatened species under the Act. However, it does provide the 
scientific basis that informs our regulatory decisions, which involve 
the further application of standards within the Act and its 
implementing regulations and policies.
    To assess the Fluminense, Harris' mimic, and Hahnel's Amazonian 
swallowtails' viability, we used the three conservation biology 
principles of resiliency, redundancy, and representation (Shaffer and 
Stein 2000, pp. 306-310). Briefly, resiliency is the ability of the 
species to withstand environmental and demographic stochasticity (for 
example, wet or dry, warm or cold years), redundancy is the ability of 
the species to withstand catastrophic events (for example, droughts, 
large pollution events), and representation is the ability of the 
species to adapt to both near-term and long-term changes in its 
physical and biological environment (for example, climate conditions, 
pathogens). In general, species viability will increase with increases 
in (or decrease with decreases in) resiliency, redundancy, and 
representation (Smith et al. 2018, p. 306). Using these principles, we 
identified the species' ecological requirements for survival and 
reproduction at the individual, population, and species levels, and 
described the beneficial and risk factors influencing the species' 
viability.
    The SSA process can be categorized into three sequential stages. 
During the first stage, we evaluated the individual species' life-
history needs. The next stage involved an assessment of the historical 
and current condition of the species' demographics and habitat 
characteristics, including an explanation of how each of these species 
arrived at its current condition. The final stage of the SSA involved 
making predictions about the species' responses to positive and 
negative environmental and anthropogenic influences. Throughout all of 
these stages, we used the best available information to characterize 
viability as the ability of a species to sustain populations in the 
wild over time. We use this information to inform our regulatory 
decision.
    The following is a summary of the key results and conclusions from 
the SSA report; the full SSA report can be found at Docket No. FWS-HQ-
ES-2023-0067 on https://www.regulations.gov.

Summary of Biological Status and Threats

    In this discussion, we review the biological condition of each of 
these three species and their resources, and the threats that influence 
the species' current and future conditions, in order to assess the 
species' overall viability and the risks to that viability.

Species Needs

    Based on each species' biology described above (see discussion 
under Background) and in the SSA report (Service 2023, pp. 1-11), the 
three Brazilian swallowtails all need sufficient quantity, quality, and 
connectivity of their respective specialized habitats; host plants for 
larval development and food sources; an abundance of flowering plants 
for nectar sources for the adult butterflies; and like most species, 
sufficient conspecific individuals to find a mate. Owing to the limited 
data available, our assessment of species-level needs is developed 
further based on general principles as they apply to butterfly biology.
    Butterfly viability is fostered--and thereby extinction risk 
reduced--by having multiple, connected demographically and genetically 
robust populations distributed widely across heterogeneous 
environmental conditions (referred to as spatial heterogeneity) and the 
breadth of diversity (genetic, morphological, physiological, and 
ecological variation). Spatial heterogeneity fosters asynchronous 
fluctuations among populations, guarding against concurrent population 
declines. Maintaining historical patterns and levels of gene flow 
maintains genetic health (increases heterozygosity), while continued 
connectivity allows for demographic rescue following population decline 
or extirpation and supports dispersal in response to shifting 
conditions. Gene flow and spatial heterogeneity also support continuing 
adaptive responses, as does conserving genetic diversity across the 
landscape. Conversely, butterfly species composed of reduced or 
isolated populations are vulnerable to genetic drift and have reduced 
adaptive capacity, or the ability to respond to (i.e., cope with, 
accommodate, or evolve in response to) environmental change (Forester 
et al. 2022, p. 507). Habitat loss, degradation, and fragmentation are 
the main factors that affect all three species' viability throughout 
their ranges, with additional impacts from climate change, fire, and 
capture. The Fluminense swallowtail's viability is further impacted by 
parasitism.

Habitat Loss and Degradation

    Habitat loss and degradation is the primary factor negatively 
impacting the three Brazilian swallowtails, with all species 
experiencing high levels of deforestation in their ranges (Collins and 
Morris 1985, pp. 22, 67, 152, 209, 242; Tyler, Hamilton A., Brown, and 
Wilson 1994, p. 179; Brown, Jr. 1996, pp. 45-46, 52, 57; Seraphim et 
al. 2016, p. 534). The Fluminense and Harris' mimic swallowtails both 
occupy the Atlantic Forest, which has experienced an estimated 88 to 95 
percent deforestation, and the remaining tracts of its habitat are 
severely fragmented (Saatchi et al. 2001, p. 868; Monteiro et al. 2004, 
p. 786; Tabarelli et al. 2005, p. 695; Ribeiro et al. 2009, pp. 1141-
1145). Within the Atlantic Forest, the highly specialized restinga 
habitat required by the Fluminense and Harris' mimic swallowtails only 
comprises 0.4 percent of its historical distribution, and the remaining 
patches of restinga habitat are under strong pressure from 
anthropogenic disturbance (Otero and Brown 1984, pp. 3-6, 10-12; Brown, 
Jr. 2004, pers. comm.; Rocha et al. 2007, entire; Uehara-Prado and 
Fonseca 2007, pp. 264-266). The states of Par[aacute] and Amazonas, 
where the Hahnel's Amazonian swallowtail occurs, have also experienced 
and are continuing to experience high rates of deforestation, losing 66 
percent and 11 percent of forests, respectively, over less than three 
decades (Soares-Filho et al. 2006, p. 250; The Economist 2013, 
unpaginated; Fraser 2015, unpaginated; Instituto Nacional de Pesquisas 
Espaciais (INPE) 2017, unpaginated). Considering the life

[[Page 48419]]

history and biology of all three swallowtails, increased and ongoing 
habitat loss and deforestation has and is continuing to decrease their 
viability throughout their ranges due to their specialized habitat 
requirements and patchy distributions.

Climate Change

    Across Brazil, climate change is expected to increase temperatures 
and alter precipitation patterns as well as increase heatwaves and the 
length of the dry season in the Amazon (The World Bank Group 2021, 
unpaginated). Studies of butterflies in other fragmented tropical 
landscapes indicate an adverse effect on species richness as a result 
of altered precipitation patterns (Shuey 2022, pers. comm). As 
progressing global climate change increases storm surge and causes sea 
level to rise (Intergovernmental Panel on Climate Change (IPCC) 2022, 
pp. 6-13), the extent of the Fluminense and Harris' mimic swallowtails' 
habitats are projected to be further reduced. Given the narrow 
distribution and habitat fragmentation of all three of these Brazilian 
swallowtails, coupled with reliance on specialized habitat, they are 
likely to be increasingly susceptible to negative impacts from climatic 
changes with limited adaptive capacity (Bellaver et al. 2022, p. 654).

Fire

    Fire is another factor impacting all three swallowtails' viability. 
The Poco das Antas Biological Reserve, a large reserve where both the 
Fluminense and Harris' mimic swallowtails occur, has experienced 
frequent fire since the 1980s following drainage and damming projects 
in the region (Herkenhoff et al. 2013, p. 29; Sansevero et al. 2020, p. 
32). Regarding the Hahnel's Amazonian swallowtail, fire in the Amazon 
has increased in recent years and is correlated with increased 
deforestation (Silveira et al. 2020, entire; 2022, entire). Fire has 
and will likely continue to cause habitat fragmentation and reduce the 
availability of specialized habitat for the three swallowtails.

Capture

    Rare butterflies and moths are highly prized by collectors, and all 
three swallowtails have been collected and sold internationally 
(Collins and Morris 1985, pp. 155-179; Morris et al. 1991, pp. 332-334; 
Williams 1996, entire). Despite some protections under Brazilian and 
European laws, monitoring the trade of insects is difficult and these 
existing regulations have minimal impact on regulating trade or 
collection (H. Grice et al. 2019a, p. 4; 2019b, p. 4; 2019c, p. 4). 
Both the Fluminense and Harris' mimic swallowtail occur near urban 
areas, increasing opportunity and ease of capture (Brown, Jr. 2004, 
pers. comm.). Additionally, species such as these three swallowtails 
with restricted distributions or localized populations tend to be more 
vulnerable to overcollection than those with a wider distribution 
(Brown, Jr. 2004, pers. comm.).

Parasitism

    Parasitism has been identified as another stressor of the 
Fluminense swallowtail, with several parasites known to target the 
species and some colonies experiencing annual patterns of parasitism 
(Tavares, Navarro-Tavares, and Almeida, 2006, entire; Almeida 2015b, p. 
388; 2017, pers. comm.). While impacts of parasitism on the species are 
unknown, parasitism and subsequent mortality of early life stages could 
potentially contribute to local extirpations of the remaining small, 
fragmented subpopulations.

Conservation Efforts and Regulatory Mechanisms

    Our evaluation of the status of the species takes into account the 
extent to which threats are reduced or removed as a result of 
conservation efforts or existing regulatory mechanisms.
    All three swallowtails are afforded some protections under 
Brazilian and international laws, including Brazilian environmental 
laws for endangered species (Fluminense and Harris' mimic 
swallowtails), protections in the state of Par[aacute] through its list 
of threatened species (Hahnel's Amazonian swallowtail), and inclusion 
in Annex B of the European Union (EU) Wildlife Trade Regulations 
(Fluminense and Hahnel's Amazonian swallowtails) (Snt'Anna, Rabinovici 
and Spitzeck 2016, unpaginated; European Commission 2017, p. 802; 
Biodiversidade 2022, unpaginated). However, due to the difficulty in 
monitoring the insect trade, these existing regulations have minimal 
impact, and none of the three swallowtails is listed in the Appendices 
to the Convention on International Trade in Endangered Species of Wild 
Fauna and Flora (CITES) (H. Grice et al. 2019a, p. 4; 2019b, p. 4; 
2019c, p. 4).
    Habitat protection is generally lacking for all three swallowtails, 
although there is some overlap of protected areas in the Fluminense and 
Harris' mimic swallowtails' ranges. While most extant subpopulations of 
the Fluminense swallowtail exist outside protected areas, it is 
afforded some protection where it occurs in small municipal parks and 
conservation units as well as in one protected reserve, Po[ccedil]o das 
Antas Biological Reserve (Seraphim et al. 2016, p. 536; Almeida 2017, 
pers. comm.). The Harris' mimic swallowtail also is afforded some 
protections from conservation units and the Po[ccedil]o das Antas 
Biological Reserve, in addition to occupying Jurubatiba National Park, 
which holds the largest remaining remnant of restinga habitat (Critical 
Ecosystem Partnership Fund (CEPF) 2001, p. 9; Rocha et al. 2007, pp. 
263-269). While some habitat protections are in place in known 
occurrence locations for the Fluminense and Harris' mimic swallowtail, 
they occupy a highly urbanized matrix undergoing continuing development 
pressures (International Finance Corporation (IFC) 2002, entire; Khalip 
2007, unpaginated). It is unknown if the Hahnel's Amazonian swallowtail 
currently occurs in any protected areas, but limited resources for 
conservation application minimize effectiveness of protected areas in 
the Amazon (Collins and Morris 1985, p. 234; Laurance and Williamson 
2001, p. 1533; H. Grice et al. 2019c, p. 4).
    Captive-reared Fluminense swallowtails were released over several 
years throughout the city of Rio de Janeiro in an attempt to increase 
subpopulation sizes and genetic diversity, but there was limited post-
release monitoring to determine the success of this effort (Instituto 
Chico Mendes De Conserva[ccedil][atilde]o Da Biodiversidade (ICMBio) 
2007, pp. 82-89; Almeida 2017, pers. comm.; Monteiro 2017, pers. 
comm.). Captive rearing may be reinitiated in the future, but it is 
unclear when or how effective it might be at conserving the species 
(Almeida 2017, pers. comm.). There are no known captive rearing efforts 
for the Harris' mimic swallowtail nor for the Hahnel's Amazonian 
swallowtail.

Current Condition: Fluminense Swallowtail

    The best available scientific and commercial data indicate the 
Fluminense swallowtail is a narrow endemic with low genetic diversity 
composed of a single metapopulation that occupies an estimated 36 to 
288 km\2\ (Tyler, Hamilton A., Brown, and Wilson 1994, p. 179; Seraphim 
et al. 2016, p. 534; Almeida 2017, pers. comm.). The remnant 
subpopulations occur in a highly urbanized landscape undergoing 
increased isolation from habitat loss, degradation, and fragmentation, 
with the majority occurring in small habitat patches under high risk of 
local extinction (Almeida 2015a, unpaginated; Almeida 2017,

[[Page 48420]]

pers. comm.; Seraphim et al. 2016, p. 534; Monteiro 2017, pers. comm.). 
While some of the subpopulations occur in protected areas, most are 
afforded limited or no protections (Soares et al. 2011, entire; 
Seraphim et al. 2016, pp. 536, 544).
    The Fluminense swallowtail's small and isolated colonies are at 
increased risk of extirpation due to stochasticity and catastrophic 
events, and although we cannot quantify the level of risk, there is 
increasing vulnerability the longer they remain in this impaired 
condition. The requisite restinga habitat of the Fluminense 
swallowtail, once the dominant habitat type along the eastern coast of 
Brazil, was reduced to less than 1 percent of its former range by 2007. 
Past deforestation resulted in extirpation of multiple colonies and 
fragmentation and isolation of remaining sites. Considering the severe 
reduction in the specialized requisite habitat for the Fluminense 
swallowtail and its reliance on a single larval host plant, the species 
has limited resiliency and ability to withstand environmental and 
demographic stochasticity. With only a single metapopulation and a 
reduced number of subpopulations inhabiting a highly urbanized and 
fragmented landscape, the Fluminense swallowtail has minimal redundancy 
to safeguard against catastrophic events. Lastly, while the species is 
already known to have low genetic diversity and an inherently limited 
ability to adapt (owing to its specialized habitat requirements, a 
single larval host plant, and a narrow climatic niche breadth), as 
subpopulations are increasingly isolated from habitat loss and 
fragmentation the species representation and ability to adapt to 
changing and shifting environmental conditions is further constrained.

Current Condition: Harris' Mimic Swallowtail

    The Harris' mimic swallowtail is a narrow endemic that occupies an 
estimated 96 km\2\ across approximately six sites in the state of Rio 
de Janeiro and possibly one site in the state of Esp[iacute]rito Santo 
(Collins and Morris 1985, p. 208; Tyler, Hamilton A., Brown, and Wilson 
1994, p. 179; Brown, Jr. 2004, pers. comm.; Monteiro et al. 2004, p. 
153; Almeida 2015a, unpaginated; H. Grice et al. 2019a, p. 2; Brant 
2023, pers. comm.; Rosa, Ribeiro, and Freitas 2023, p. 8). There are no 
current population estimates for any of these sites, and whether 
Harris' mimic swallowtail still occurs in these locations is uncertain. 
Two colonies in the City of Rio de Janeiro occur in small patches of 
vegetation possibly under high risk of local extirpation, and recent 
observations are scarce of the colony in Barra de S[atilde]o 
Jo[atilde]o, which was previously characterized as vigorous and stable 
(Tyler, Hamilton A., Brown, and Wilson 1994, p. 179; Brown, Jr. 2004, 
pers. comm.; Almeida 2015a, unpaginated; H. Grice et al. 2019a, p. 2).
    By the early 2000s, the restinga habitat was reduced to only 0.4 
percent of its historical distribution with restinga remnants already 
generally small and surrounded by areas undergoing rapid urbanization 
or already urbanized (Ribeiro et al. 2009, as cited in Seraphim et al. 
2016, p. 534; Rocha et al. 2007, pp. 263, 265). This severely reduced 
habitat has continued to decline. Over the last 20 years, there was an 
estimated 2.14 percent forest loss in the Harris' mimic swallowtail's 
remaining range, and at times protected areas experienced higher rates 
of deforestation than outside protected areas (Service 2023, p. 21).
    In the absence of historical or current population data, the large 
quantities of habitat loss seen in the range of the Harris' mimic 
swallowtail suggest the population has likely experienced comparable 
declines in size. The subspecies has been extirpated from portions of 
its historical range and in its once strongest colony it now appears to 
be scarce. While the Harris' mimic swallowtail occupies two protected 
areas of intact restinga habitat, has some diversity in habitat types 
used, and has larva that feeds on multiple host plants, its extent of 
occurrence is severely reduced and is within a highly urbanized 
landscape, limiting the subspecies' resiliency and ability to withstand 
environmental and demographic stochasticity. The subspecies reliance on 
a severely reduced specialized habitat in a highly urbanized and 
fragmented landscape with only a few known colonies, indicates the 
Harris' mimic swallowtail has limited redundancy to safeguard against 
catastrophic events. Finally, the highly urbanized and fragmented 
landscape the Harris' mimic swallowtail inhabits likely limits 
migration and gene flow between colonies, which coupled with the 
subspecies' reliance on specialized habitat, hinders the Harris' mimic 
swallowtails' representation and leaves it vulnerable to changing and 
shifting environmental conditions.

Current Condition: Hahnel's Amazonian Swallowtail

    The Hahnel's Amazonian swallowtail has an estimated extent of 
occurrence of 189,015 km\2\, has an unknown area of occupancy, and is 
known from a linear and patchy distribution along the tributaries of 
the middle and lower Amazon River basin (Collins and Morris 1985, p. 
242; New and Collins 1991, p. 29; Tyler, Hamilton A., Brown, and Wilson 
1994, p. 178; Racheli, Bauer, and Frankenbach 2006, p. 77; H. Grice et 
al. 2019c, p. 2). The species is known to be scarce; however, even when 
rarity is natural, rarer species are at higher risk of extinction than 
those that are common (Flather and Sieg 2007, entire; Johnson 1998, 
entire).
    Regions where the Hahnel's Amazonian swallowtail was previously 
known to occur have experienced continued and increasing rates of 
deforestation (H. Grice et al. 2019a, p. 4). From 2000-2020, there was 
5.65 percent forest cover loss in the range of the Hahnel's Amazonian 
swallowtail, and there were similar trends in forest loss between 
protected areas and non-protected areas (Service 2023, p. 24). While 
there remains about 85 percent of forest cover in the species' known 
extent of occurrence, the species is inherently rare, restricted to a 
highly specialized habitat, and likely has only a single larval host 
plant, which limits the species' resiliency and ability to withstand 
environmental and demographic stochasticity. While the large extent of 
occurrence provides some level of redundancy to safeguard against 
catastrophic events, the species has only been found in a few 
locations, suggesting that localized extirpations from habitat loss or 
other factors would likely be detrimental to the species. Finally, 
considering the species' scarcity and patchy linear distribution, there 
is also likely little gene flow between populations, limiting the 
species' representation and making it vulnerable to changing and 
shifting environmental conditions.

Future Scenarios and Cumulative Effects

    As part of the SSA report, we developed future-condition scenarios 
to capture the range of uncertainties regarding future threats and the 
projected responses by the Fluminense, Harris' mimic, and Hahnel's 
Amazonian swallowtails. Our future scenarios reflect the conclusion 
from our analysis that the primary factor influencing the future 
viability of all three of these swallowtails is habitat loss and 
degradation resulting from: (1) deforestation from land-use change and 
urbanization, and (2) climate-change impacts on the species' climatic 
niche breadths and habitat availability. The best available information 
indicates that all three swallowtails' populations and distributions 
will decline in the future. However, because we have determined

[[Page 48421]]

that the Fluminense, Harris' mimic, and Hahnel's Amazonian swallowtails 
meet the Act's definition of endangered species based on their current 
conditions (see Determination of Status for the Fluminense Swallowtail, 
Harris' Mimic Swallowtail, and Hahnel's Amazonian Swallowtail, below), 
we are not presenting the results of the future scenarios in this 
proposed rule. Please refer to the SSA report (Service 2023, entire) 
for the full analysis of future scenarios.
    We note that, by using the SSA framework to guide our analysis of 
the scientific information documented in the SSA report, we have 
analyzed the cumulative effects of identified threats and conservation 
actions on these species. To assess the current and future condition of 
the species, we evaluate the effects of all the relevant factors that 
may be influencing the species, including threats and conservation 
efforts. Because the SSA framework considers not just the presence of 
the factors, but to what degree they collectively influence risk to the 
entire species, our assessment integrates the cumulative effects of the 
factors and replaces a standalone cumulative effects analysis.

Determination of Status for the Fluminense Swallowtail, Harris' Mimic 
Swallowtail, and Hahnel's Amazonian Swallowtail

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations (50 CFR part 424) set forth the procedures for determining 
whether a species meets the definition of an endangered species or a 
threatened species. The Act defines an ``endangered species'' as a 
species in danger of extinction throughout all or a significant portion 
of its range, and a ``threatened species'' as a species likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its range. The Act requires that we 
determine whether a species meets the definition of an endangered 
species or a threatened species because of any of the following 
factors: (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range; (B) overutilization for 
commercial, recreational, scientific, or educational purposes; (C) 
disease or predation; (D) the inadequacy of existing regulatory 
mechanisms; or (E) other natural or manmade factors affecting its 
continued existence.

Status Throughout All of Its Range--Fluminense Swallowtail

    After evaluating threats to the species and assessing the 
cumulative effect of the threats under the Act's section 4(a)(1) 
factors, we determined that the Fluminense swallowtail's distribution 
and population have been reduced across its range as evidenced by the 
extensive loss and degradation of its requisite specialized habitat. 
The remnant subpopulations occur in a highly urbanized landscape 
undergoing increased isolation from habitat loss, degradation, and 
fragmentation and consequently are at increased risk of extirpation due 
to stochasticity and catastrophic events. Coupled with the species' 
specialized habitat requirements, the isolation and fragmentation of 
the remaining subpopulations, which make up a single metapopulation, 
have left the species with insufficient resiliency, redundancy, and 
representation for its continued existence to be secure.
    Thus, after assessing the best scientific and commercial data 
available regarding threats to the species and assessing the cumulative 
effect of the threats under the Act's section 4(a)(1) factors, we 
determine that the Fluminense swallowtail is in danger of extinction 
throughout all of its range primarily due to historical and ongoing 
habitat loss and degradation from development and urbanization (Factor 
A) and the additive threat from capture (Factor B). The existing 
regulatory mechanisms and other conservation measures are inadequate to 
address the identified threats to the species (Factor D). The species 
does not fit the statutory definition of a threatened species because 
it is currently in danger of extinction, whereas threatened species are 
those likely to become in danger of extinction within the foreseeable 
future.

Status Throughout All of Its Range--Harris' Mimic Swallowtail

    After evaluating threats to the species and assessing the 
cumulative effect of the threats under the Act's section 4(a)(1) 
factors, we determined the Harris' mimic swallowtail's distribution and 
population have been reduced across its range as evidenced by the 
extensive loss and degradation of its requisite specialized habitat. 
The remnant colonies occur in a highly urbanized landscape undergoing 
increased isolation from habitat loss, degradation, and fragmentation 
and consequently are at increased risk of extirpation due to 
stochasticity and catastrophic events. Coupled with the species' 
specialized habitat requirements, the isolation and fragmentation of 
the remaining colonies have left the subspecies with insufficient 
resiliency, redundancy, and representation for its continued existence 
to be secure.
    Thus, after assessing the best scientific and commercial data 
available regarding threats to the species and assessing the cumulative 
effect of the threats under the Act's section 4(a)(1) factors, we 
determine that the Harris' mimic swallowtail is in danger of extinction 
throughout all of its range due to historical and ongoing habitat loss 
and degradation from anthropogenic activities (Factor A) and the 
additive threat from capture (Factor B). The existing regulatory 
mechanisms and other conservation measures are inadequate to address 
the identified threats to the species (Factor D). The species does not 
fit the statutory definition of a threatened species because it is 
currently in danger of extinction, whereas threatened species are those 
likely to become in danger of extinction within the foreseeable future.

Status Throughout All of Its Range--Hahnel's Amazonian Swallowtail

    After evaluating threats to the species and assessing the 
cumulative effect of the threats under the Act's section 4(a)(1) 
factors, we determined that the viability of the Hahnel's Amazonian 
swallowtail is limited as a result of extensive habitat loss and 
degradation coupled with the species' rarity and patchy distribution. 
The species is inherently rare, is restricted to a highly specialized 
habitat, and likely has only a single larval host plant, which, when 
coupled with habitat loss and degradation, makes it vulnerable to 
changing and shifting environmental conditions and catastrophic events, 
and has left the species with insufficient resiliency, redundancy, and 
representation for the species' continued existence to be secure.
    Thus, after assessing the best scientific and commercial data 
available regarding threats to the species and assessing the cumulative 
effect of the threats under the Act's section 4(a)(1) factors, we 
determine that the Hahnel's Amazonian swallowtail is in danger of 
extinction throughout all of its range primarily due to ongoing and 
increasing habitat loss and degradation from deforestation and fire 
(Factor A) and the additive threat from capture (Factor B). The 
existing regulatory mechanisms and other conservation measures are 
inadequate to address the identified threats to the species (Factor D). 
The species does not fit the statutory definition of a threatened 
species because it is currently in danger of extinction, whereas 
threatened species are those likely to become in danger of extinction 
within the foreseeable future.

[[Page 48422]]

Status Throughout a Significant Portion of Their Ranges

    Under the Act and our implementing regulations, a species may 
warrant listing if it is in danger of extinction or likely to become so 
in the foreseeable future throughout all or a significant portion of 
its range. We have determined that the Fluminense swallowtail, Harris' 
mimic swallowtail, and Hahnel's Amazonian swallowtail are in danger of 
extinction throughout all of their ranges and accordingly did not 
undertake an analysis of any significant portion of their ranges. 
Because the Fluminense swallowtail, Harris' mimic swallowtail, and 
Hahnel's Amazonian swallowtail warrant listing as endangered throughout 
all of their ranges, our determination does not conflict with the 
decision in Center for Biological Diversity v. Everson, 435 F. Supp. 3d 
69 (D.D.C. 2020), which vacated the provision of the Final Policy on 
Interpretation of the Phrase ``Significant Portion of Its Range'' in 
the Endangered Species Act's Definitions of ``Endangered Species'' and 
``Threatened Species'' (79 FR 37578; July 1, 2014) providing that if 
the Service determines that a species is threatened throughout all of 
its range, the Service will not analyze whether the species is 
endangered in a significant portion of its range.

Fluminense Swallowtail, Harris' Mimic Swallowtail, and Hahnel's 
Amazonian Swallowtail--Determination of Status

    Our review of the best available scientific and commercial 
information indicates that the Fluminense swallowtail, Harris' mimic 
swallowtail, and Hahnel's Amazonian swallowtail meet the Act's 
definition of endangered species. Therefore, we propose to list the 
Fluminense swallowtail, Harris' mimic swallowtail, and Hahnel's 
Amazonian swallowtail as endangered species in accordance with sections 
3(6) and 4(a)(1) of the Act.

Available Conservation Measures

    The purposes of the Act are to provide a means whereby the 
ecosystems upon which endangered species and threatened species depend 
may be conserved, to provide a program for the conservation of such 
endangered species and threatened species, and to take such steps as 
may be appropriate to achieve the purposes of the treaties and 
conventions set forth in the Act. Under the Act, a number of steps are 
available to advance the conservation of species listed as endangered 
or threatened species. As explained further below, these conservation 
measures include: (1) recognition, (2) recovery actions, (3) 
requirements for Federal protection, (4) financial assistance for 
conservation programs, and (5) prohibitions against certain activities.
    Recognition through listing results in public awareness, as well as 
in conservation by Federal, State, Tribal, and local agencies, foreign 
governments, private organizations, and individuals. The Act encourages 
cooperation with the States and other countries and calls for recovery 
actions to be carried out for listed species.
    Section 7 of the Act is titled, ``Interagency Cooperation,'' and it 
mandates all Federal action agencies to use their existing authorities 
to further the conservation purposes of the Act and to ensure that 
their actions are not likely to jeopardize the continued existence of 
listed species or adversely modify critical habitat. Regulations 
implementing section 7 are codified at 50 CFR part 402.
    Section 7(a)(2) states that each Federal action agency shall, in 
consultation with the Secretary, ensure that any action they authorize, 
fund, or carry out is not likely to jeopardize the continued existence 
of a listed species or result in the destruction or adverse 
modification of designated critical habitat.
    A Federal ``action'' that is subject to the consultation provisions 
of section 7(a)(2) is defined in our implementing regulations at 50 CFR 
402.02 as all activities or programs of any kind authorized, funded, or 
carried out, in whole or in part, by Federal agencies in the United 
States or upon the high seas. With respect to the Fluminense 
swallowtail, Harris' mimic swallowtail, and Hahnel's Amazonian 
swallowtail, no known actions would require consultation under section 
7(a)(2) of the Act. Given the regulatory definition of ``action,'' 
which clarifies that it applies to activities or programs ``in the 
United States or upon the high seas,'' the Fluminense swallowtail, 
Harris' mimic swallowtail, and Hahnel's Amazonian swallowtail are 
unlikely to be the subject of section 7 consultations, because the 
entire life cycles of these species occur in terrestrial areas outside 
of the United States and are unlikely to be affected by U.S. Federal 
actions. Additionally, no critical habitat will be designated for these 
species because, under 50 CFR 424.12(g), we will not designate critical 
habitat within foreign countries or in other areas outside of the 
jurisdiction of the United States.
    Section 8(a) of the Act (16 U.S.C. 1537(a)) authorizes the 
provision of limited financial assistance for the development and 
management of programs that the Secretary of the Interior determines to 
be necessary or useful for the conservation of endangered or threatened 
species in foreign countries. Sections 8(b) and 8(c) of the Act (16 
U.S.C. 1537(b) and (c)) authorize the Secretary to encourage 
conservation programs for foreign listed species, and to provide 
assistance for such programs, in the form of personnel and the training 
of personnel.
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to endangered wildlife. 
The prohibitions of section 9(a)(1) of the Act, and implementing 
regulations codified at 50 CFR 17.21, make it illegal for any person 
subject to the jurisdiction of the United States to commit, to attempt 
to commit, to solicit another to commit or to cause to be committed any 
of the following acts with regard to any endangered wildlife: (1) 
import into, or export from, the United States; (2) take (which 
includes harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, 
or collect, or to attempt to engage in any such conduct) within the 
United States, within the territorial sea of the United States, or on 
the high seas; (3) possess, sell, deliver, carry, transport, or ship, 
by any means whatsoever, any such wildlife that has been taken 
illegally; (4) deliver, receive, carry, transport, or ship in 
interstate or foreign commerce, by any means whatsoever and in the 
course of commercial activity; or (5) sell or offer for sale in 
interstate or foreign commerce. Certain exceptions to these 
prohibitions apply to employees or agents of the Service, the National 
Marine Fisheries Service, other Federal land management agencies, and 
State conservation agencies.
    We may issue permits to carry out otherwise prohibited activities 
involving endangered wildlife species under certain circumstances. 
Regulations governing permits for endangered wildlife are codified at 
50 CFR 17.22, and general Service permitting regulations are codified 
at 50 CFR part 13. With regard to endangered wildlife, a permit may be 
issued for scientific purposes, for enhancing the propagation or 
survival of the species, or for take incidental to otherwise lawful 
activities. The statute also contains certain exemptions from the 
prohibitions, which are found in sections 9 and 10 of the Act.
    The Service may also register persons subject to the jurisdiction 
of the United States through its captive-bred wildlife (CBW) program if 
certain established requirements are met under the CBW regulations (see 
50 CFR 17.21(g)). Through a CBW registration, the Service may allow a 
registrant to conduct

[[Page 48423]]

certain otherwise prohibited activities under certain circumstances to 
enhance the propagation or survival of the affected species, including 
take; export or re-import; delivery, receipt, carriage, transport, or 
shipment in interstate or foreign commerce in the course of a 
commercial activity; or sale or offer for sale in interstate or foreign 
commerce. A CBW registration may authorize interstate purchase and sale 
only between entities that both hold a registration for the taxon 
concerned. The CBW program is available for species having a natural 
geographic distribution not including any part of the United States and 
other species that the Service Director has determined to be eligible 
by regulation. The individual specimens must have been born in 
captivity in the United States.
    It is our policy, as published in the Federal Register on July 1, 
1994 (59 FR 34272), to identify, to the extent known at the time a 
species is listed, specific 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 a proposed 
listing on proposed and ongoing activities within the range of the 
species.
    At this time, we are unable to identify specific activities that 
would not be considered likely to result in a violation of section 9 of 
the Act beyond what is already clear from the descriptions of 
prohibitions or already excepted through our regulations at 50 CFR 
17.21. Also, at this time, we are unable to identify specific 
activities that would be considered likely to result in a violation of 
section 9 of the Act beyond what is already clear from the descriptions 
of the prohibitions at 50 CFR 17.21.
    Applicable wildlife import/export requirements established under 
the Act (16 U.S.C. 1538(d)-(f)), the Lacey Act Amendments of 1981 (16 
U.S.C. 3371 et seq.), and 50 CFR part 14 must also be met for imports 
and exports of the Fluminense swallowtail, Harris' mimic swallowtail, 
and Hahnel's Amazonian swallowtail. Questions regarding whether 
specific activities would constitute a violation of section 9 of the 
Act should be directed to the Service's Division of Management 
Authority ([email protected]; 703-358-2104).

Required Determinations

Clarity of the Rule

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

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

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

References Cited

    A complete list of references cited in this rulemaking is available 
on the internet at https://www.regulations.gov in Docket No. FWS-HQ-ES-
2023-0067 and upon request from the Branch of Delisting and Foreign 
Species (see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this proposed rule are the staff members of 
the Fish and Wildlife Service's Species Assessment Team and the Branch 
of Delisting and Foreign Species.

List of Subjects in 50 CFR part 17

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

Proposed Regulation Promulgation

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

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

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

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

0
2. In Sec.  17.11, in paragraph (h), amend the List of Endangered and 
Threatened Wildlife by adding entries for ``Swallowtail, Fluminense'', 
``Swallowtail, Hahnel's Amazonian'', and ``Swallowtail, Harris' mimic'' 
in alphabetical order under INSECTS to read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                          Listing citations and
           Common name              Scientific name      Where listed         Status         applicable rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
             Insects
 
                                                  * * * * * * *
Swallowtail, Fluminense.........  Parides ascanius..  Wherever found....  E              [Federal Register
                                                                                          citation when
                                                                                          published as a final
                                                                                          rule].
Swallowtail, Hahnel's Amazonian.  Parides hahneli...  Wherever found....  E              [Federal Register
                                                                                          citation when
                                                                                          published as a final
                                                                                          rule].
Swallowtail, Harris' mimic......  Eurytides           Wherever found....  E              [Federal Register
                                   (=Mimoides)                                            citation when
                                   lysithous                                              published as a final
                                   harrisianus.                                           rule].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------



[[Page 48424]]

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-15739 Filed 7-26-23; 8:45 am]
BILLING CODE 4333-15-P