[Federal Register Volume 69, Number 234 (Tuesday, December 7, 2004)]
[Proposed Rules]
[Pages 70580-70589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26611]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


Endangered and Threatened Wildlife and Plants; 12-Month Finding 
on a Petition To List Seven Foreign Species of Swallowtail Butterflies 
as Threatened or Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Petition finding.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
12-month finding on a petition to list the following seven foreign 
swallowtail butterflies under the Endangered Species Act: Harris' mimic 
swallowtail (Eurytides lysithous harrisianus), the Jamaican kite 
swallowtail (Eurytides marcellinus), the Oaxacan swallowtail (Papilio 
esperanza), the Fluminese swallowtail (Parides ascanius), Hahnel's 
Amazonian swallowtail (Parides hahneli), the southern tailed birdwing 
(Ornithoptera meridionalis), and the Kaiser-I-Hind swallowtail 
(Teinopalpus imperialis). The best available information indicates that 
listing is not warranted for Papilio esperanza and Ornithoptera 
meridionalis. For the remaining five species, listing is warranted but 
precluded by higher-priority listing actions. Our rationale is 
discussed below. We request that you submit any new information for 
these species concerning status and threats whenever it becomes 
available. This information will help us monitor the status of these 
species and encourage their conservation.

DATES: The finding announced in this document was made on November 18, 
2004. Although we are not pursuing further action on these species at 
this time, we will accept new information on these species at any time.

ADDRESSES: Submit any comments, information, and questions by mail to 
the Chief, Division of Scientific Authority, U.S. Fish and Wildlife 
Service, 4401 N. Fairfax Drive, Room 750, Arlington, VA 22203; or by 
fax to 703-358-2276; or by e-mail to <a href="/cdn-cgi/l/email-protection#d88bbbb1bdb6acb1beb1bb99adacb0b7aab1aca198beafabf6bfb7ae"><span class="__cf_email__" data-cfemail="683b0b010d061c010e010b291d1c00071a011c11280e1f1b460f071e">[email protected]</span></a>. 
Comments received will be available for public inspection, by 
appointment, Monday through Friday from 8 a.m. to 4 p.m. at the above 
address.

FOR FURTHER INFORMATION CONTACT: Robert R. Gabel, Chief, Division of 
Scientific Authority, at the above address, or by telephone, 703-358-
1708; fax, 703-358-2276; or e-mail, <a href="/cdn-cgi/l/email-protection#ca99a9a3afa4bea3aca3a98bbfbea2a5b8a3beb38aacbdb9e4ada5bc"><span class="__cf_email__" data-cfemail="b1e2d2d8d4dfc5d8d7d8d2f0c4c5d9dec3d8c5c8f1d7c6c29fd6dec7">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Background

    Section 4(b)(3)(B) of the Endangered Species Act of 1973 (Act), as 
amended (16 U.S.C. 1531 et seq.), requires that, for any petition to 
revise the Lists of Endangered and Threatened Wildlife and Plants that 
contains substantial scientific and commercial information, the Service 
make a finding within 12 months of the date of receipt of the petition 
on whether the petitioned action is (a) not warranted, (b) warranted, 
or (c) warranted but

[[Page 70581]]

precluded from immediate proposal by other pending proposals of higher 
priority. Pursuant to section 4(b)(3)(C)(i) of the Act, when, in 
response to a petition, we find that listing a species is warranted but 
precluded, we must make a new 12-month finding each year until we 
publish a proposed rule or make a determination that listing is not 
warranted. These subsequent 12-month findings are referred to as 
``resubmitted'' petition findings.

Previous Federal Action

    On January 10, 1994, the Service received a petition dated January 
1, 1994, from Ms. Dee E. Warenycia to list the seven above-mentioned 
species of swallowtail butterflies as threatened or endangered. As the 
basis for her petition, Ms. Warenycia cited the IUCN (World 
Conservation Union) Red Data Book, Threatened Swallowtail Butterflies 
of the World (Collins and Morris 1985), in which these species had been 
classified as Endangered, Vulnerable, or Rare. On May 10, 1994, the 
Service published a 90-day finding in the Federal Register (59 FR 
24117) that the petition had presented substantial information 
indicating that the requested action may be warranted. In that notice, 
we initiated a status review of the seven butterflies covered by the 
petition, as well as 20 other butterfly taxa that were potentially of 
similar concern, and requested the submission of data and other 
information for preparation of a 12-month finding. This petition 
finding only covers the seven butterfly species that were the subject 
of the original petition. The other 20 species are potential candidate 
species that must be further evaluated, but for which any further 
action is currently precluded by higher-priority listing actions.

Summary of Comments and Recommendations

    In response to our request for information in response to the 90-
day finding, we received 14 responses from private citizens and public 
officials, both from the United States and abroad. Commenters addressed 
all but two of the seven species by name; the Fluminese swallowtail and 
Harris' mimic swallowtail were not specifically mentioned. One 
commenter supported the listing of the Jamaican kite swallowtail; one 
commenter supported the listing of the Kaiser-I-Hind swallowtail; and 
the remaining commenters opposed the listing of all of the species or 
the listing of specific butterflies. Species-specific information is 
discussed under the relevant species, below. Three main bases for 
opposition to the listing of these species were: (1) The paucity of 
status information; (2) disagreement over the effects of over-
collection; and (3) an assertion that such listings impede conservation 
efforts. These issues are discussed below.
    1. Paucity of status information: Several commenters noted that 
information in one of the references we had used (Collins and Morris 
1985) is old, outdated, or not thoroughly scientific, and that the 
paucity of information provides an insufficient basis for listing. 
According to several swallowtail butterfly experts, the best sources of 
worldwide information continue to be Collins and Morris (1985) and New 
and Collins (1991), both of which were the sole sources of information 
used for the 1996 IUCN species assessments (Mariano Gimenez Dixon, 
Program Officer, Species Survival Commission, IUCN, pers. comm. 2004). 
Indeed, as discussed in our August 16, 2000, Federal Register finding 
(65 FR 49958), an IUCN designation alone does not provide sufficient 
information to address the factors that we must consider under section 
4(a)(1) the Act. An extensive literature search has revealed that few 
recently published treatments exist for swallowtail butterflies. Most 
regional works were written a decade or more ago (e.g., Brown and 
Heineman 1972; Tyler et al. 1994). None of these seven species appears 
in the 2003 IUCN Red List of Threatened Species (IUCN 2003) because 
they have not been re-assessed against the 1997 criteria (M. Dixon, 
pers. comm. 2004). There is also currently no IUCN Lepidoptera 
Specialist Group. In an attempt to obtain the most current information 
for this finding, the Service also solicited information from each 
range country and from other domestic and international experts. 
Pursuant to section 4(b)(1)(A), we have evaluated the best scientific 
and commercial data available to make the determinations in this 
finding.
    2. Effects of over-collection: Several commenter disagreed that 
over-collection of insects has a significant adverse impact and noted 
that it is nearly impossible for the entirety of a species' eggs, 
larvae, pupae, and adults to be collected at a given time. However, 
experts generally agree that species with restricted distributions are 
more apt to be affected by over-collection than those with wider 
distributions. Substantive information obtained from experts and 
publications on this issue has been incorporated into this assessment, 
as appropriate.
    3. Such listings impede conservation efforts: Some commenters 
mentioned that listing might call undue attention to these rare 
butterflies, would create unnecessary restrictions on marketing, would 
impede further research, would provide no substantive conservation 
benefit, and would hinder butterfly ranching that actually benefits 
propagation and encourages local measures to protect the animals and 
their habitats. While most of these points are not statutory factors 
considered in listing species, we acknowledge that any substantive 
information that demonstrates how these factors mitigate the status of 
the species is useful, and where substantive information was provided, 
it has been considered as part of the status review.

Nomenclature and Biology of the Species

    The seven foreign butterfly species: Harris' mimic swallowtail, the 
Jamaican kite swallowtail, the Oaxacan swallowtail, the Fluminese 
swallowtail, Hahnel's Amazonian swallowtail, the southern tailed 
birdwing, and the Kaiser-I-Hind swallowtail, all of which are the 
subject of this petition, belong to the family Papilionidae (order 
Lepidoptera). The Papilionidae are generally known as swallowtail 
butterflies, or simply as swallowtails, and will herein be collectively 
referred to as such. Synonyms and common names are summarized in Table 
1. Nomenclature follows Morris and Collins (1985).
    The Lepidoptera life cycle begins with mating. Swallowtails may 
brood (i.e., produce offspring) once, twice, or several times per year. 
All Lepidoptera undergo complete metamorphosis and exhibit four 
distinct life stages: Egg, larva (caterpillar), pupa (chrysalis), and 
adult. Swallowtails reputedly maintain low population numbers and 
experience sporadic rebounds. Food sources vary widely. Caterpillars 
eat plant material (such as leaves) and may be generalists, enjoying a 
range of plant species, or they may be obligate feeders, feeding solely 
on a particular species. Adults typically feed on flower nectar. Some 
adults do not eat at all, others obtain nutrients from carrion, and 
some pre-reproductive males obtain nutrients from riversides (known as 
``puddling''). Swallowtails may display sexual dimorphism, wherein 
males are generally smaller and/or more colorful than females. Four of 
the petitioned species (Jamaican kite, Harris' mimic swallowtail, 
Fluminese swallowtail, and Southern tailed birdwing) are not sexually 
dimorphic; one species (Oaxacan swallowtail) displays only size 
dimorphism; and two species (Kaiser-I-Hind and Southern tailed 
birdwing) are dimorphic both in color

[[Page 70582]]

and size. Similarly, larvae and adults may display color polymorphism, 
wherein the same species exhibits different color patterns. 
Swallowtails may exhibit certain behaviors to increase their chance of 
finding a mate. ``Hilltopping,'' for instance, is a male behavior in 
which they seek out a high ridge or hilltop whereupon they await the 
arrival of females, which tend to gravitate towards these areas. 
Swallowtails are all strong flyers. Many species fly several kilometers 
a day. After mating, females often disperse to find a new location to 
lay eggs. Some species disperse farther, sometimes as a group. Although 
dispersal is sometimes referred to as migration, for butterflies this 
movement may not entail a return trip. Where available, information on 
the lifespan, population dynamics, and current population status of 
each species are provided in the species assessments below.

Summary of Factors Affecting the Species

    Section 4(a)(1) of the Act (16 U.S.C. 1531 et seq.) and regulations 
promulgated to implement the listing provisions of the Act (50 CFR part 
424) set forth the procedures for adding species to the Federal Lists. 
A species may be determined to be endangered or threatened due to one 
or more of the following five factors described in section 4(a)(1): (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; and (E) other natural or 
manmade factors affecting its continued existence. These factors and 
their application to each of the seven species are discussed below. 
Each assessment begins with a species-specific status summary.

Findings on Species for Which Listing Is Not Warranted

Oaxacan Swallowtail (Papilio esperanza Bautelspacher, 1975)
    The Oaxacan swallowtail is endemic to the remote montane cloud 
forest of Mexico's Juarez Mountains (Oaxaca State). Larvae feed on 
Magnolia dealbata Zucc. (common name unknown) (Felipe Ramirez Ruiz de 
Velasco, Director General, Secretaria de Medio Ambiente y Recursos 
Naturales, pers. comm. 2004). Adults prefer Eupatorium sordidum Less. 
(dirty thoroughwort) and produce two annual broods, one in the spring 
and one in late summer (Collins and Morris 1985). Populations are 
restricted to steep-sloped canyons in the Juarez Mountains (F.R.R. de 
Velasco, pers. comm. 2004; R. Robbins, pers. comm. 2004; Tyler et al. 
1994). Considered a relict of modern swallowtails, this species was 
discovered only in 1975 and, for the first 20 years, was only known 
from one colony (New and Collins 1991; Tyler et al. 1994). New colonies 
were discovered in the early 1990s; the total habitat remains 
restricted to an area less than 100 square kilometers (Tyler et al. 
1994). This species is listed as Vulnerable by the IUCN, due mainly to 
a poaching problem that existed prior to 1994 (IUCN 2003; see B., 
below).
    A. Present or threatened destruction, modification, or curtailment 
of its habitat or range: The Juarez Mountains region is generally 
threatened by logging, agriculture, grazing, colonization, and 
potential construction of hydroelectric dams (Davila et al. n.d.); 
however, there is no evidence that this species' specific habitat is 
being directly threatened (R. Robbins, pers. comm. 2004; Jorge Soberon, 
Director of CONABIO [the Scientific Authority of Mexico for the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora, or CITES], pers. comm. 2004). Based on the best available 
information, we conclude that this species is not threatened by the 
present or threatened destruction, modification, or curtailment of its 
habitat or range.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes: According to Collins and Morris (1985), only 20 
specimens had been collected in the first 20 years after the species' 
discovery due to the fierce protection of this species by local 
communities. For a time, poaching became a problem because several 
local residents would follow the colony and remove specimens for 
commerce (Tyler et al. 1994). In the mid-1990s, several smugglers were 
indicted in the United States for trading in illegally collected 
insects, including Oaxacan swallowtails (WildlifeWebsite.com 2000). 
Today, Mexican experts do not consider over-collection to be a threat 
(F.R.R. de Velasco, pers. comm. 2004) because local communities do not 
allow collection or sale of the species (J. Soberon, pers. comm. 2004). 
There are also regulatory mechanisms in place that appear to be 
effectively regulating trade in this species (see D., below). Thus, 
this species is not threatened by overutilization for commercial, 
recreational, scientific, or educational purposes.
    C. Disease or predation: There is no information to suggest that 
this species is subject to any threat from disease or predation.
    D. The inadequacy of existing regulatory mechanisms: The Oaxacan 
swallowtail is listed as threatened, and its larval foodplant, Magnolia 
dealbata, is also listed as endangered on Mexico's List of Species at 
Risk (F.R.R. de Velasco, pers. comm. 2004). Mexican law, NOM (Norma 
Oficial Mexicana)-059-ECOL-2001, protects listed native species of 
flora and fauna that have been assessed in any of four threat 
categories (threatened, endangered, specially protected, and likely to 
be extinct; INE 2003). There are no officially designated protected 
areas or nature reserves in the Juarez Mountains (Davila et al. n.d.). 
However, large tracts of Oaxacan swallowtail habitat are under the 
strict control of indigenous Zapotec communities (J. Soberon, pers. 
comm. 2004), and these communities are very conservation oriented 
(F.R.R. de Velasco, pers. comm. 2004). The Mexican Federal government 
oversees several sustainable resource management units in that region 
(de Ferranti et al. 2000), and this species is not one of the resources 
being exploited under this regulatory framework (F.R.R. de Velasco, 
pers. comm. 2004).
    The Oaxacan swallowtail is not listed in the Appendices of the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora (CITES), but there is no information to suggest that such a 
listing is needed. Considered threatened by commercial trade in Europe 
(Melisch 2000), this species is now listed on Annex B of the European 
Union's Council Regulation (EC) No. 338/97, which regulates imports of 
certain species into any country in the European Community. Annex B 
includes all species listed in CITES Appendix II and their look-alikes, 
as well as species being traded at levels that are incompatible with 
the survival of the species, as well as species that pose a threat to 
native species (CITES UK 2004). Import of an Annex B-listed species 
must be accompanied by information that demonstrates that the import 
will not detrimentally affect the conservation status of the species or 
its habitat (Eur-Lex 2004). Based on the above information, this 
species is not threatened by the inadequacy of existing regulatory 
mechanisms.
    E. Other natural or manmade factors affecting its continued 
existence: There are no other known threats affecting this species.
    In summary, in addition to the discovery of new populations, the 
Oaxacan swallowtail is not subject to significant threats that cause 
the species

[[Page 70583]]

to be threatened with extinction throughout a significant portion of 
its range. Therefore, we have determined that listing of this species 
is not warranted.
Southern Tailed Birdwing (Ornithoptera meridionalis Rothschild 1897)
    The southern tailed birdwing is native to lowland primary or 
secondary rainforests of Indonesia and Papua New Guinea. The larvae of 
this genus are known to feed solely on Aristolochia spp. L. 
(birthwort). However, the identity of the specific larval foodplant of 
this species remains in dispute (Parsons 1999; Dr. Wari Iamo, 
Department of Environment and Conservation, Papua New Guinea, pers. 
comm. 2004). This birdwing butterfly occupies a wide range, but 
populations are localized, found at altitudes between 20 and 200 meters 
above sea level (Collins and Morris 1985; Dr. Wari Iamo, Department of 
Environment and Conservation, Papua New Guinea, pers. comm. 2004). In 
Indonesia (Irian Jaya), there are three known localities of this 
species (Parsons 1999). In Papua New Guinea, there are at least seven 
widely distributed localities, and the species appears to be reasonably 
common in its habitat, especially in the spring (Parsons 1999; W. Iamo, 
pers. comm. 2004). It is listed by the IUCN as Endangered, apparently 
due to threats from habitat destruction (see A., below; IUCN 2003).
    A. Present or threatened destruction, modification, or curtailment 
of its habitat or range: The southern tailed birdwing populations are 
found in two protected areas in Papua New Guinea where wildlife harvest 
and habitat destruction are prohibited (W. Iamo, pers. comm. 2004). The 
species' low-lying habitat, in the center of its range, is vulnerable 
to timber extraction (W. Iamo, pers. comm. 2004). However, experts 
believe that properly managed butterfly farming (as discussed below, 
under B.) promotes habitat conservation by generating income as a 
viable alternative to deforestation (Dr. Rosser W. Garrison and Mr. 
Michael Parsons, Research Associates, Los Angeles County Museum of 
Natural History, California, pers. comm. 1994; Dr. L. Orsak, Director, 
Christensen Research Institute, Papua New Guinea, pers. comm. 1994; Dr. 
Scott Miller, Chair, Natural Science, The State Museum of Natural and 
Cultural History, Hawai'i, pers. comm. 1994; Parsons 1991, 1999). The 
Papua New Guinea farming program requires villagers to maintain a 
healthy wild population on or near their land (IFTA 1985). Based on the 
best available information, we have determined that this species is not 
threatened by the present or threatened destruction, modification, or 
curtailment of its habitat or range.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes: Papua New Guinea began farming the southern 
tailed birdwing and other native butterflies in 1978. According to the 
non-profit Insect Farming and Trade Agency (IFTA), established in 
consultation with an entomologist-ecologist, the pupae are ranched and 
adults are sold in pairs (IFTA 2004; Parsons 1999). The Papua New 
Guinea farming program was endorsed by the now-defunct IUCN Lepidoptera 
Specialist Group (IFTA 1985). Ranched specimens are often preferred 
over wild-caught specimens because the wings of wild specimens are 
often tattered from flying (Parsons 1999). No wild-collected specimens 
are permitted in international trade, and designated exporters are 
strictly controlled (W. Iamo, pers. comm. 2004; Iamo Ila, Conservator 
of Fauna, Department of Environment and Conservation, Papua New Guinea, 
pers. comm. 1994; 1997; Gaikovina R. Kula, Acting Secretary, Department 
of Environment and Conservation, Papua New Guinea, pers. comm. 1994). 
Private citizens who are not part of IFTA must obtain certification 
from the Department of Environment and Conservation to carry out 
ranching and trading in this species (W. Iamo, pers. comm. 2004).
    This species has been listed in CITES Appendix II since 1979, and 
CITES data suggest a recent downward trend in trade volume, from 582 
specimens in 2000, to 163 specimens in 2001, and 89 specimens in 2002 
(J. Caldwell, pers. comm. 2004; W. Iamo, pers. comm. 2004). All of this 
trade has originated from Papua New Guinea, and most of it has been 
recorded as ranched specimens. A 2000 market study revealed that this 
species was threatened by commerce in Germany (Melisch 2000), where the 
market price was reportedly US$8700 per pair (Schutz 2000). The 
southern tailed birdwing is now listed on the European Commission's 
Annex B, which regulates imports of certain species into Europe, and 
requires that trade in these species is not detrimental to the survival 
of wild populations (see Oaxacan swallowtail, D.). While the reason for 
the decrease in trade volume for this species is unknown (W. Iamo, 
pers. comm. 2004), its listing on Annex B may account for the decrease 
in trade because several of the major importers are from European 
countries. This information suggests that this species is not 
threatened by overutilization for commercial, recreational, scientific, 
or educational purposes.
    C. Disease or predation: Parasitic flies have been known to attack 
southern tailed birdwings in the wild (Collins and Morris 1985). 
However, there is no specific information to suggest that these 
parasites are currently threatening existing populations, and we are 
unaware of any other disease or predators that pose a threat to this 
species. Thus, we conclude that disease or predation is not a current 
threat to this species.
    D. The inadequacy of existing regulatory mechanisms: In 1966, Papua 
New Guinea declared the southern tailed birdwing protected under the 
Fauna Protection Control Act, which requires an amendment to the 
legislation to allow any controlled utilization of the species. Wild 
collection is prohibited, and wild-collected specimens are banned from 
international trade (W. Iamo, pers. comm. August 2004; G.R. Kula, pers. 
comm.; 1994 Parsons 1991). Only properly CITES-permitted adults are 
allowed in international trade (IFTA 2004), and import of these 
specimens into Europe requires a further non-detriment finding in 
addition to the CITES findings made by exporting countries (see D., 
above). Based on the above information, this species is not currently 
threatened by the inadequacy of existing regulatory mechanisms.
    E. Other natural or manmade factors affecting its continued 
existence: There is no information to suggest that this species is 
subject to threats other than those listed above.
    In summary, in addition to the discovery of new populations, the 
southern tailed birdwing is not subject to significant threats that 
cause the species to be threatened with extinction throughout a 
significant portion of its range, and therefore we have determined that 
listing of this species is not warranted.

Findings on Species for Which Listing Is Warranted but Precluded

Harris' Mimic Swallowtail (Eurytides lysithous harrisianus H[uuml]bner 
1821)
    Harris' mimic swallowtail is native to sub-coastal woods on 
unflooded fringes of ``restinga'' (swamp) habitat in the Atlantic 
Forest of Brazil. Paraguay also has been reported as a range country 
(Collins and Morse 1985; Funet 2004), but there is no information on 
colonies there. Larvae feed on Annona acutifolia Sass. ex R.E. Fries 
(common name unknown). Juveniles are occasionally reported on Rollinia 
laurifolia Schltdl. (common name unknown). Adults feed

[[Page 70584]]

on species in a variety of genera from several plant families 
(including Annonaceae [custard-apple family], Asteraceae [daisy 
family], Fabaceae [legume family], Rubiaceae [madder family], and 
Verbenaceae [verbena family]). This subspecies is not listed in the 
2003 IUCN Red List of Threatened Species (IUCN 2003).
    Previously reported in the two Brazilian states of Espirito Santo 
and Rio de Janeiro, this subspecies is confirmed only in the latter 
locality (Brown 1996). This has been interpreted as an indication that 
the subspecies has been extirpated from Espirito Santo (Collins and 
Morse 1985; Xerces 2004). However, Brown postulates that this could be 
due to misidentification due to mimicry (Keith S. Brown, Jr., Livre-
Docent, Universidade Estadual de Campinas, Brazil, pers. comm. 2004). 
Swallowtails occupying similar ranges may exhibit mimicry such that 
unrelated species resemble each other. The specific purpose of this 
mimicry is unknown, but it may be a defense mechanism. Although 
scientifically unproven, one form of mimicry, known as Batesian 
mimicry, consists of a palatable species (the mimic) that resembles an 
unpalatable species (the model). It is theorized that a predator (such 
as a bird) attempting to eat the unpalatable model will avoid that and 
other similar-looking butterflies in the future. For such mimicry 
systems to be effective, it is generally believed that the mimic must 
maintain lower population numbers than the model.
    Harris' mimic swallowtail is polymorphic, mimicking at least three 
species of Parides throughout its range. There are two Harris' mimic 
swallowtail morphs (color patterns): the sebastianus-rurik morph, which 
mimics Parides zacynthus Fabricius (common name unknown) and the 
subspecies Parides nephalion Godart (cattle heart swallowtail); and, 
the ascanius morph, which mimics the Fluminese swallowtail, also a 
subject of this petition finding (Collins and Morse 1985; K.S. Brown, 
Jr., pers. comm. 2004). The sebastianus-rurik morph is less common than 
the ascanius morph, the latter of which constituted about 70% of the 
population during a nearly decade-long mark-recapture study (Brown 
1996). The ascanius morph generally persists farther north than the 
Fluminese swallowtail. Thus, it is possible that Harris' mimic 
swallowtail exists to the north, in Espirito Santo, where suitable 
habitat exists, but that it has been mistaken for the Fluminese 
swallowtail (Brown 1991; Otero and Brown 1984; Dr. Robert Robbins, 
Research Entomologist, National Museum of Natural History, Department 
of Entomology, Smithsonian Institution, Washington, DC pers. comm. 
2004).
    Brown (1996) monitored the only known colony of the species (in Rio 
de Janeiro) from 1984 to 1991, during which time the population size 
ranged from 50 to 250 individuals. Adults fly at an elevation of 1000 
meters, and brood only once per year, being found almost exclusively 
from September to December. This colony is currently reported to be 
viable, vigorous, and stable (K. Brown, Jr., pers. comm. 2004). In 
1997, another colony of unknown size was discovered in the Poco das 
Antas Biological Reserve (Rio de Janeiro), where it had not been seen 
in 30 years. According to Brown, it is likely that more colonies exist 
between these two known localities and in other places, and he further 
states that their flight habits ``do not favor recording by visitors * 
* * it is also very hard to find, see, or capture'' (K. Brown, Jr., 
pers. comm. 2004).
    A. Present or threatened destruction, modification, or curtailment 
of its habitat or range: Habitat destruction prompted experts to 
consider this species to be either endangered (Collins and Morris 1985; 
Tyler et al. 1994) or critically endangered (Brown 1996). The mix of 
dense and open habitat preferred by adult Harris' mimic swallowtails is 
no longer the dominant vegetation type in Rio de Janeiro. With this 
habitat almost entirely gone, the subspecies is found only in sub-
coastal areas adjacent to ``restinga'' (swamp) habitat (Otero and Brown 
1984). Considered the most endangered vegetation type in the world 
(Conservation International 2004), restinga swampland has been 
converted to rice fields and drained for urban development and cattle 
pastures (Otero and Brown 1984; WWF 2004a). In 1985, development 
threatened the only known colony (Collins and Morris 1985). The State 
of Rio de Janeiro harbors the densest human population in Brazil, and 
the city suffers from air and water pollution (CIA 2004; Conservation 
International 2004). The Poco das Antas Reserve (site of the recently 
discovered colony of Harris' mimic swallowtail) is plagued by fires. 
Established in 1973 and presently encompassing an area of approximately 
6,883 square meters (WWF 2004b), the Reserve has suffered at least six 
fires since 1989 (Anonymous 1997; Bryant 2002; Kyodo World Service 
2000; Reuters 2002; Singapore National Zoo 2000). At least two of these 
fires were attributed to human causes (Anonymous 1997; Kyodo World 
Service 2000). Fire breaks have been constructed in the Reserve to help 
contain future fires, but regeneration of previously burned areas has 
been reportedly slow (Singapore National Zoo 2000). Thus, we conclude 
that this subspecies is threatened by the present or threatened 
destruction, modification, or curtailment of its habitat or range 
throughout a significant portion of its range, although thus far we are 
not aware of a direct impact on the two known colonies of this species.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes: There is no documentation of overutilization of 
this subspecies. However, it is possible that this species is 
inadvertently entering trade misidentified as Parides spp., although 
there is no specific information on this.
    C. Disease or predation: There is no information to suggest that 
this species is subject to any threat from disease or predation.
    D. Inadequacy of existing regulatory mechanisms: Instituto 
Brasileiro do Meio Ambiente de dos Recursos Naturais Renovaveis; 
Brazil's Environmental Ministry (IBAMA) listed this species as 
``strictly protected'' in 1989. As such, collection and trade are 
prohibited (Brown 1996). It is unclear whether the discovery of a 
second colony in the Poco das Antas Biological Reserve, home of the 
charismatic golden lion tamarin (Leontopithecus rosalia), will benefit 
Harris' mimic swallowtail. The Reserve continues to be threatened by 
inadequate protection, unresolved land disputes, and illegal 
encroachment by landless peasants (Conservation International 2004). In 
2002, criteria were established for land use and occupation within a 
newly established environmentally protected basin along the river where 
the new population of this species was found. How or whether these 
criteria account for invertebrates is unknown (WWF 2004b). Thus, the 
regulatory mechanisms in existence may be inadequate to protect this 
species.
    E. Other natural or manmade factors affecting its continued 
existence: Other than the above-mentioned fires, some of which may have 
been natural events, there are no other factors known to affect this 
species' continued existence.
    In summary, although additional populations may exist, there are 
only two confirmed localities of Harris' mimic swallowtail. This 
subspecies appears to be generally threatened by habitat destruction 
(clearing and fire) and the potential of overutilization for commercial 
purposes. While regulatory mechanisms are in place to control 
commercial trade, it is unclear whether existing regulatory mechanisms 
are adequately protecting the species' habitat. The combination of 
these factors threatens this subspecies

[[Page 70585]]

throughout a significant portion of its range.
    Harris' mimic swallowtail is a subspecies that faces threats that 
are low to moderate in magnitude and non-imminent. It therefore 
receives a priority rank of 12.
Jamaican kite Swallowtail (Eurytides marcellinus Doubleday 1846)
    The Jamaican kite is endemic to Jamaica. The only known larval 
foodplant is Oxandra lanceolata Baill. (West Indian lancewood) (Bailey 
1994; Brown and Heineman 1972; Garraway et al. 1993; Xerces 2004). 
There is no information as to adult food preferences. Despite the 
presence of the larval foodplant throughout the island, and although 
the species probably disperses only within 3 kilometers of its breeding 
site, the only confirmed breeding site is Rozelle, located in the 
extreme southeastern Parish of St. Thomas (Bailey 1994; Brown and 
Heineman 1972; Garraway et al. 1993; R. Robbins, pers. comm. 2004; 
Strong and Johnson 2001; WRC 2001; Dr. T.W. Turner, President, 
Caribbean Surveys Ltd., Florida, pers. comm. 1994). Reputedly 
unpredictable and sporadic in appearance, the Jamaican kite swallowtail 
generally maintains low population levels, but becomes locally abundant 
for a week or two at its only known breeding site, where it regularly 
broods in the early summer and sometimes again in early fall (Collins 
and Morris 1985; Garraway et al. 1993; Smith et al. 1994). Episodic 
population explosions have been recorded, with large westerly 
migrations of males when population numbers are high (Brown and 
Heineman 1972; Collins and Morris 1985; Garraway et al. 1993). Large 
numbers were reported in western parishes in the 1940s and 1950s 
(Bailey 1994; Garraway et al. 1993). Adults have recently been sighted 
in the parishes of St. Andrew, St. Ann, Trelawny, and Westmoreland on 
the extreme western coast, and the species has reportedly visited 
Florida (Bailey 1994; Funet 2004; Smith et al. 1994; WRC 2001).
    A. Present or threatened destruction, modification, or curtailment 
of its habitat or range: Mining operations, deforestation, and a lack 
of public awareness for conservation issues are problematic on the 
entire island (WWF 2001). The only confirmed breeding site has 
undergone extensive habitat destruction for agriculture and industry, 
prompting many experts to designate the Jamaican kite swallowtail as 
Vulnerable (Collins and Morris 1983; IUCN 2003; New and Collins 1991; 
Tyler et al. 1994). The larval hostplant, West Indian lancewood (native 
to Jamaica, Cuba, Hispaniola, and Puerto Rico), is a commercially 
desirable tree. Its yellow wood is used to make fishing rods, pool 
cues, and other products (Windsor Plywood 2004). This tree species 
reportedly does poorly in disturbed habitats (Collins and Morris 1985). 
Habitat destruction continues to be a primary threat to this species 
(Dr. Audette Baillie, Research Fellow, Department of Life Sciences, 
University of the West Indies, Jamaica, pers. comm. 2004).
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes: A survey of German markets concluded that this 
species is threatened by commercial trade (Melisch 2000). Sch[uuml]tz 
(2000) reported the asking price for a female Jamaican kite swallowtail 
as US$150. This species is neither listed under CITES nor on the 
European Commission's Annex B, both of which regulate international 
trade. The Jamaican kite swallowtail is not bred in captivity and, in 
particular, there is no organized captive-breeding program for this 
species in Jamaica (A. Baillie, pers. comm. 2004). Thus, 
overutilization for commercial purposes may be a threat to the Jamaican 
kite swallowtail.
    C. Disease or predation: There is no information to suggest that 
this species is subject to any threat from disease or predation.
    D. Inadequacy of existing regulatory mechanisms: Listed as an 
endemic species, Jamaica does not consider the Jamaican kite 
swallowtail to be threatened, and therefore, it is not protected by the 
Wildlife Protection Act of 1998 (NEPA 2004a); according to the National 
Environment and Planning Agency (NEPA), this protects only ``specified 
species'' (NEPA 2004b). However, all requests to collect endemic 
wildlife in Jamaica must be directed to NEPA for approval (A. Baillie, 
pers. comm. 2004). The protected area network has been plagued with 
staff shortages and inadequate fines for violators (WWF 2001). The John 
Crow Mountains, spanning several parishes where adult Jamaican kite 
swallowtails have been seen, was declared a protected area in 1993 
(Anonymous n.d.). Cockpit Country, the terrain of which has made it 
veritably impenetrable to humans, became part of the Parks-in-Peril 
project in 2001. Cockpit Country is located in Trelawny Parish, where 
adult Jamaican kite swallowtails have recently been sighted. The status 
of the species in this area may be clarified as researchers conduct 
surveys for the CITES Appendix-I swallowtail (Pterourus homerus) 
occupying the same area (TNC 2004; WRC 2002). The presence of the 
Jamaican kite swallowtail in Rozelle and Cockpit Country has prompted 
NEPA to seek protected-area status for both locations within the next 
5-7 years (Anonymous 2003). It is unclear how or whether the Jamaican 
protected-area network benefits the Jamaican kite swallowtail or 
protects it from the above-mentioned potential threats of habitat loss 
and commercial utilization.
    E. Other natural or manmade factors affecting its continued 
existence: Jamaica lies within the Atlantic hurricane belt and is 
subject to severe tropical weather, such as tropical waves, tropical 
depressions, tropical storms, and hurricanes (Mahlung 2001). In the 
last 16 years, Jamaica has been devastated by a tropical storm (George 
1998), a Category 3 hurricane (Gilbert 1988), and two Category 5 
hurricanes (Mitch 1998; Ivan 2004). Hurricanes Gilbert and Ivan caused 
extensive damage throughout the island, including Rozelle, the only 
known breeding site for this species. In 1989, 75 percent of Rozelle 
Beach was eroded, and extensive beach erosion occurred again in 2004 
(Anderson 1989; Lehman 1999; Go Local Jamaica 2004). These stochastic 
events are likely to have an adverse effect on this species' continued 
existence.
    In summary, the Jamaican kite swallowtail has only one known 
breeding site. This species is threatened by habitat destruction from 
human activity and catastrophic natural storm events. Storms, such as 
hurricanes, can also directly kill these butterflies. The species is 
also potentially threatened by collection and inadequate protection of 
its habitat; this species is not specifically protected by law. The 
combination of these factors potentially threatens this species 
throughout a significant portion of its range.
    The Jamaican kite swallowtail is a species that does not represent 
a monotypic genus. It faces threats that are high in magnitude, but 
non-imminent. It therefore receives a priority rank of 5.
Fluminese Swallowtail (Parides ascanius Cramer 1775)
    The Fluminese swallowtail is endemic to Brazil. Residing in 
``restinga'' (swamp) habitat in the Atlantic Forest of Brazil, adults 
can be found flying in scrubby to urbanized locations (K.S. Brown, Jr., 
pers. comm. 2004). The only known larval foodplant is the poisonous 
vine Aristolochia macroura Gomez (Dutchman's pipe), which has a wider 
distribution than the butterfly itself (Otero and Brown 1984). There is 
no information as to adult

[[Page 70586]]

foodplant preferences. This species has been reported from three 
Brazilian States: Rio de Janeiro, Espirito Santo, and Sao Paulo. 
Although ideal habitat exists in all three States, Rio de Janeiro 
harbors the only colonies confirmed in the past 50 years (Otero and 
Brown 1984), perhaps due to mislabeling of initial collections (K.S. 
Brown, Jr., pers. comm. 2004). Assessed by the IUCN as Vulnerable, the 
species is sparsely distributed at best, becoming seasonally common, 
with sightings of up to 50 individuals in one morning (IUCN 2003; Otero 
and Brown 1984; Tyler et al. 1994).
    Populations are localized but colonies require a large area to 
maintain a viable population (Otero and Brown 1984). In a study 
conducted from 1984 to 1991, Brown (1996) found that a colony varied 
greatly (from 20 to 100 individuals) from year to year, and individuals 
flew distances of 1000 meters. Although it was presumed that many 
populations had gone extinct since 1970 and that no new colonies 
remained to be discovered, other large colonies have been found in Rio 
de Janeiro state, both far inland and within the Poco das Antas 
Biological Reserve (K.S. Brown, Jr., pers. comm. 2004; Collins and 
Morris 1985; Otero and Brown 1984). In a recent visit to Poco das 
Antas, Dr. Robert Robbins (pers. comm. 2004) reported that the 
Fluminese swallowtail was ``everywhere.'' All colonies continue to be 
monitored (K.S. Brown, Jr., pers. comm. 2004).
    A. Present or threatened destruction, modification, or curtailment 
of its habitat or range: The range of this species overlaps with 
Harris' mimic swallowtail, and the restinga swampland habitat upon 
which the Fluminese swallowtail depends for breeding is threatened by 
urbanization, conversion for cultivation and cattle ranching, and arson 
(see Harris' mimic swallowtail, A., above). The Fluminese swallowtail 
is particularly threatened by arson in the Poco das Antas Biological 
Reserve, because this is the only protected area large enough to 
maintain a viable Fluminese swallowtail colony (Otero and Brown 1984). 
Thus, a significant portion of this species' range is potentially 
threatened with habitat destruction.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes: This butterfly is ``easy to catch,'' and although 
``many people have bred the species,'' there is no formal effort to 
ranch the species (K.S. Brown, Jr., pers. comm. 2004). A survey of 
German markets reported female Fluminese swallowtails selling for 
US$560 (Melisch 2000; Sch[uuml]tz 2000), which is an indicator of the 
potential threat from commercial trade. This species is advertised for 
sale in Japan with the provision that no sales can be made of dry or 
live insects to the ``United States of America from Central and South 
America also CITES butterflies'' (http://www.worldinsect.com/). This 
species is not listed under CITES but is listed on the European 
Commission's Annex B, which regulates imports of certain species into 
Europe (see Papilio esperanza, B.). It is unclear how this has affected 
trade in this species. Based on the above information, this species is 
potentially threatened by overutilization for commercial purposes.
    C. Disease or predation: There is no information to suggest that 
this species is subject to any threat from disease or predation.
    D. Inadequacy of existing regulatory mechanisms: In 1973, the 
Fluminese swallowtail became the first insect placed on Brazil's list 
of animals threatened with extinction, and the species is currently 
considered imperiled by IBAMA, the Brazilian Environment Ministry (MMA 
2004; Otero and Brown 1984). Although the species is strictly protected 
from commerce, fines are apparently either nonexistent or too nominal 
to dissuade commercial collection (K.S. Brown, Jr., pers. comm. 2004). 
It is also unclear what measures have been taken to reduce habitat 
destruction, for which the species was originally listed in 1973 (Otero 
and Brown 1984). The protection afforded Fluminese swallowtail 
populations within Poco das Antas Biological Reserve is also unknown 
(see Harris' mimic swallowtail, D.). Thus, the regulatory mechanisms in 
existence may be inadequate to protect this species.
    E. Other natural or manmade factors affecting its continued 
existence: Other than the fires, mentioned above, some of which may 
have been natural events, there are no other factors known to affect 
this species' continued existence.
    In summary, there are several known Fluminese swallowtail colonies, 
each requiring a large area to maintain a viable population, and only 
one occurs within a protected area. This species is threatened by 
habitat destruction and the potential inadequacy of regulatory 
mechanisms to protect the species' habitat, particularly in the Poco 
das Antas Biological Reserve, considered the only protected area large 
enough to maintain a viable population. This species is also 
potentially threatened by overutilization for commercial purposes and 
inadequate penalties to thwart commercial collection. The combination 
of these factors potentially threatens this species throughout a 
significant portion of its range.
    The Fluminese swallowtail is a species that does not represent a 
monotypic genus. It faces threats that are high in magnitude but non-
imminent. It therefore receives a priority rank of 5.
Hahnel's Amazonian Swallowtail (Parides hahneli Staudinger 1882)
    Hahnel's Amazonian swallowtail is endemic to three localities in 
the sandy tributaries of the lower middle Amazon Basin in Brazil 
(Collins and Morris 1985; New and Collins 1991; Tyler et al. 1994). The 
identification of the larval hostplant is unknown, but it is believed 
to be either Aristolochia lanceolato-lorato S. Moore (common name 
unknown) or A. acutifolia Sass. ex R.E. Fries (common name unknown). 
This species occupies a fairly wide range, but ``the area of its range 
is very lightly populated'' (K.S. Brown, Jr., pers. comm. 2004). The 
restricted nature of its habitat was determined only in the 1990s (R. 
Robbins, pers. comm. 2004). Populations are characterized as very 
local, rare, and patchy in distribution (Collins and Morris 1985; Tyler 
et al. 1994). Until 1973, this species was known only in one location; 
two additional localized colonies were discovered in 1973 (Brown 1996; 
Collins and Morris 1985). There have been no recent discoveries of new 
populations (K.S. Brown, Jr., pers. comm. 2004). This species is 
sympatric (occupies the same range) with several butterflies, including 
at least two, Methona and Thyrides (common names unknown), that it 
reportedly mimics, and the subspecies Parides chabrias ygdrasilla 
(common name unknown)(Brown 1996). In 1996, when this species was last 
assessed by the IUCN, there was insufficient data to determine its 
status (IUCN 2003).
    A. Present or threatened destruction, modification, or curtailment 
of its habitat or range: Citing potential threats from habitat 
destruction, New and Collins (1991) considered the possibility that 
this species was critically threatened. Because the species' ecological 
requirements are not well understood, habitat destruction could be a 
factor, but specific threats cannot be clearly identified. Therefore, 
we are unable to determine whether this species is or may be threatened 
by habitat destruction.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes: Although the species flies high, making it harder 
to catch, ``local people can at times effectively reduce

[[Page 70587]]

populations since they know [this species'] habits'-(K.S. Brown, Jr., 
pers. comm. 2004). Many experts agree that species with restricted 
distributions or localized populations, such as Hahnel's Amazonian 
swallowtail, are more vulnerable to over-collection than those with a 
wider distribution (K.S. Brown, Jr., pers. comm. 2004; R. Robbins, 
pers. comm. 2004). Commercial exploitation is a potential threat to 
this species (Melisch 2000; New and Collins 1991; Sch[uuml]tz 2000; 
Tyler et al. 1994). A survey of German markets found swallowtails to be 
among the most popular species being sold; Hahnel's Amazonian 
swallowtail has sold for USD$200 per pair (Sch[uuml]tz 2000). The 
species is not listed under CITES. It is listed on the European 
Commission's Annex B, which regulates imports of certain species into 
Europe (see Papilio esperanza, B.), but it is unclear how this listing 
has affected trade in this species. As such, we believe that 
overutilziation for commercial purposes may constitute a threat to the 
survival of the species.
    C. Disease or predation: There is no information to suggest that 
this species is subject to any threat from disease or predation.
    D. Inadequacy of existing regulatory mechanisms: Hahnel's Amazonian 
swallowtail is listed as a species ``under study'' (Brown 1996). It is 
not listed on the Brazilian list of animals threatened with extinction 
(MMA 2004). This may be due to the species' wide range and tendency to 
be locally common (K.S. Brown, Jr., pers. comm. 2004).
    E. Other natural or manmade factors affecting its continued 
existence: There is potential for foodplant competition with a 
sympatric butterfly, Parides chabrias ygdrasilla (common name unknown) 
(Collins and Morris 1985).
    Hahnel's Amazonian swallowtail is known from only three localities 
and consists of highly localized populations, which makes them 
potentially vulnerable to over-collection.
    Hahnel's Amazonian swallowtail is a species that does not represent 
a monotypic genus. It faces threats that are low to moderate in 
magnitude, and the immediacy of the threat is non-imminent. Therefore, 
it receives a priority rank of 11.
Kaiser-I-Hind Swallowtail (Teinopalpus imperialis Hope 1843)
    The Kaiser-I-Hind swallowtail is native to the Himalayan regions of 
Bhutan, China, India, Laos, Myanmar, Nepal, Thailand, and Vietnam. 
Preferring undisturbed montane deciduous forests, this fast-flying 
species flies near the treetops at altitudes of 1500-3050 m (Bond 1964; 
Igarashi 2001; Tordoff et al. 1999). The larval foodplant may differ 
across the species' range, including Magnolia campbellii Hook.f. and 
Thompson in China (Yen and Yang 2001); Magnolia spp. L. in Vietnam 
(Funet 2004); Daphne spp. L. in India, Nepal, and Myanmar (Funet 2004); 
and Daphne nipalensis (authority and common name unknown) in India 
(Robinson et al. 2004). Though this species was first described in 
1843, its life history was not well characterized until 1986 (Igarashi 
and Fukuda 2000). The Kaiser-I-Hind swallowtail produces two broods per 
year (spring and late summer) (Igarashi 2001). Females are much larger 
and rarer than males (Bond 1964).
    The species' range is larger today than known at the time of the 
original petition, with confirmed reports in Laos, Thailand, and 
Vietnam (FAO 2001; Igarashi 2001; Masui and Uehara 2000; Osada et al. 
1999). The range of the Kaiser-I-Hind swallowtail overlaps with that of 
its close relative, the golden Kaiser-I-Hind swallowtail (Teinopalpus 
aureus) in Laos and Vietnam. The golden Kaiser-I-Hind swallowtail, 
which is listed in CITES Appendix II, is generally larger than the 
Kaiser-I-Hind swallowtail (Masui and Uehara 2000; Igarashi 2001). The 
IUCN lists the Kaiser-I-Hind swallowtail in the category of least 
concern (IUCN 2003), but it is considered ``rare'' by Collins and 
Morris (1985) and Tyler et al. (1994). Despite its widespread 
distribution, local populations are not abundant (Collins and Morris 
1985). The actual population status in Bhutan, India, Laos, Myanmar, 
and Thailand is unknown, although it has been confirmed to be extant in 
Nepal, Thailand, and Vietnam. No butterflies are listed on the 1992 Red 
Data Book of Vietnam (Trai and Richardson 1999). In 1994, Chinese 
experts considered the species to be in ``immediate danger of 
extinction,'' with no verified occurrences in half a century (Professor 
Wang Sung, Executive Vice Chairman of the Endangered Species Scientific 
Commission of China, pers. comm. 1994). However, recent publications 
indicate that the species remains extant in China, although there is no 
information on population status (Pai and Wang 1998; Pai et al. 1996; 
Watanabe 1997; Yen and Yang 2001).
    A. Present or threatened destruction, modification, or curtailment 
of its habitat or range: Despite a Chinese moratorium on logging in 
1999, Kaiser-I-Hind swallowtail populations continued to be threatened 
by commercial and illegal logging in 2001 (Yen and Yang 2001). In 
Nepal, the species is threatened by limestone mining activities (E-Law 
2002), and a recent report to by the Nepal Forest Ministry considers 
habitat destruction to be a critical threat to biodiversity, including 
this species (HMGN 2002). In Vietnam, the species is confirmed in three 
Nature Reserves, in areas where disturbance levels are low (Lien 2003; 
Tordoff et al. 1999; Trai and Richardson 1999). Habitat degradation 
(deforestation and land conversion) is a primary threat to this species 
in Thailand (FAO 2001). Thus, this species is known to be threatened by 
habitat destruction in some of its countries.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes: The Kaiser-I-Hind swallowtail was listed in CITES 
Appendix II in 1987 and is listed in Annex B of the European Union's 
Council Regulation (see Oaxacan swallowtail, D.). CITES trade data, 
obtained from the World Conservation Monitoring Centre, indicate that 
only 152 Kaiser-I-Hind swallowtail specimens were traded between 1991 
and 2002, and originated primarily from China (John Caldwell, WCMC, 
pers. comm. 2004). Nearly half of these were imported into the United 
States, all originating from China and declared as wild-collected. In a 
3-month period (June-August 2004), a dealer in China sold 23 unmounted 
specimens: 4 to one buyer in Germany and the rest to buyers in the 
United States. The average selling price was US$107 for females and 
US$45 for males. This commercial activity could not be compared with 
CITES trade data because the 2004 CITES data will not be available 
until October 31, 2005. The Kaiser-I-Hind and golden Kaiser-I-Hind 
swallowtails resemble each other and both are commercially valuable. 
The species' ranges overlap in at least two, possibly three, range 
countries, so there is a potential for both species to be collected due 
to their resemblance to each other.
    There are unconfirmed reports that this species is being captive-
bred in China (Yen and Yang 2001), where it is considered to be more 
valuable than the southern tailed birdwing (Watanabe 1997). In Nepal, 
collectors would commonly lie in wait for the butterflies in 
mountaintop encampments (New and Collins 1991). According to the Nepal 
Forestry Ministry, the high commercial value of endangered species on 
the local and international market may result in local extinctions of 
many of Nepal's most endangered plants and animals, including this 
species (HMGN 2002). Unsustainable collection (for consumption or 
souvenirs) is a primary threat to this species in Thailand (FAO 2001). 
Thus, overutilization for commercial purposes threatens this

[[Page 70588]]

species throughout a significant portion of its range.
    C. Disease or predation: There is no information to suggest that 
this species is subject to any threat from disease or predation.
    D. Inadequacy of existing regulatory mechanisms: The Kaiser-I-Hind 
swallowtail is not protected under the Wildlife Conservation law of 
Taiwan (Yen and Yang 2001). In Nepal, where it is listed as threatened, 
the species is protected by the National Parks and Wildlife 
Conservation Act of 1973 (HMGN 2002). Protective legislation in India 
and Nepal has previously been considered ineffective (New and Collins 
1991). In Thailand, the Kaiser-I-Hind swallowtail is listed under the 
1992 Wildlife Reservation and Protection Act of 1992, which makes it 
illegal to collect (whether wild or dead) or to have the species in 
one's possession (FAO 2001). Despite regulation in international trade 
by CITES and on Annex B in Europe, we believe that this species is 
threatened by a lack of specific regulatory mechanisms for the species 
itself as well as its habitat throughout a significant portion of its 
range.
    E. Other natural or manmade factors affecting its continued 
existence: A review of the available information did not indicate that 
this species was threatened by other factors.
    In summary, the Kaiser-I-Hind swallowtail is a wide-ranging species 
that is experiencing varying degrees of threat throughout its range. 
There is potential for habitat destruction in at least four range 
countries, and collection for commercial purposes is reported 
throughout its range. However, regulatory mechanisms may not be 
adequately protecting the species from these threats. The combination 
of these factors potentially threatens this species throughout a 
significant portion of its range.
    The Kaiser-I-Hind swallowtail does not represent a monotypic genus. 
It faces threats that are low to moderate in magnitude and imminent. It 
therefore receives a priority rank of 8.

Summary of Findings

    The Service has carefully assessed the best scientific and 
commercial information available regarding the present and future 
threats facing the seven foreign butterfly species in this petition. 
Based on our review, we find that two species, the Oaxacan swallowtail 
and southern tailed birdwing, do not warrant listing under the Act 
because, as summarized above for each of these species, new populations 
have been discovered and neither species is subject to significant 
threats that cause the species to be threatened with extinction 
throughout a significant portion of its range. Further, both are 
strictly protected within their respective ranges. Thus, this 
determination of not warranted for these two butterfly species 
constitutes the agency's final action on these species at this time. 
However, we request that you submit any new information for these 
species concerning status and threats whenever it becomes available. 
This information will help us monitor the status of these species and 
encourage their conservation.
    We also find, as discussed above, that the remaining five species, 
Harris' mimic swallowtail, the Jamacian kite swallowtail, the Fluminese 
swallowtail, Hahnel's Amazonian swallowtail, and the Kaiser-I-Hind 
swallowtail, warrant listing as threatened. However, the publication of 
a proposed rule to list these species remains precluded by other 
higher-priority listing actions. Section 4(b)(3)(B)(iii) of the Act 
indicates that the Service may make warranted-but-precluded findings 
with regard to cases in which (1) an immediate proposed rule is 
precluded by higher-priority proposals to list species as endangered or 
threatened, and (2) expeditious progress is being made on other listing 
measures. Expeditious progress in listing endangered and threatened 
species is being made, and our progress on listing species previously 
found to be warranted but precluded is reported annually in the Federal 
Register. Our most recent annual notice on these 12-month 
``resubmitted'' petition findings on foreign species was published on 
May 21, 2004 (69 FR 29354). We published a complete description of our 
listing priority system on September 21, 1983 (48 FR 43098). The 
listing priority number for each of the five butterfly species found to 
be warranted but precluded is presented in Table 1. Other foreign 
species, comprising a large number of birds covered by petitions 
received in 1980 and 1991, have listing priority numbers that are equal 
to or higher than those of at least some of the butterflies.
    As required by Section 4(b)(3)(C)(i) of the Act, the Service will 
reassess the warranted-but-precluded finding when we publish our annual 
notice on resubmitted petition findings for foreign species. The 
Service seeks data and comments from the public on this petition 
finding. We will continue to monitor the status of these species as new 
information becomes available. Our review of any new information 
received will determine if a change in status is warranted, including 
the need to list any species on an emergency basis.

References Cited

    A complete list of all references cited in this petition finding is 
available on request from the Division of Scientific Authority (see 
ADDRESSES section).

Author

    The primary author of this document is Dr. Patricia De Angelis, 
Division of Scientific Authority, U.S. Fish and Wildlife Service, 4401 
North Fairfax Drive, Room 750, Arlington, Virginia 22203.

Authority

    The authority for this action is the Endangered Species Act (16 
U.S.C. 1531 et seq.).

     Table 1.--Petition Finding for Seven Foreign Species of Swallowtail Butterflies (Family: Papilionidae)
                      [R=listing not warranted/removed; C=listing warranted but precluded]
----------------------------------------------------------------------------------------------------------------
             Status
---------------------------------   Scientific name        Synonyms           Common name       Historic range
    Category         Priority
----------------------------------------------------------------------------------------------------------------
C..............  12.............  Eurytides           Graphium lysithous  Harris' mimic       Brazil, Paraguay
                                   lysithous           harrisianus;        swallowtail.        (?).
                                   harrisianus.        Mimoides
                                                       lysithous
                                                       harrisianus.
C..............  5..............  Eurytides           Graphium            Jamaican kite       Jamaica.
                                   marcellinus.        marcellinus;        swallowtail Blue
                                                       Neographium         swallowtail.
                                                       marcellinus;
                                                       Protographium
                                                       marcellinus (nom.
                                                       inv.);
                                                       Protesilaus
                                                       marcellinus.

[[Page 70589]]

 
R..............  n/a............  Papilio esperanza.  Pterourus           Oaxacan             Mexico.
                                                       esperanza           swallowtail, La
                                                       Heraclides          llamadora.
                                                       esperanza.
C..............  5..............  Parides ascanius..  n/a...............  Fluminese           Brazil.
                                                                           swallowtail,
                                                                           Ascanius
                                                                           swallowtail.
C..............  11.............  Parides hahneli...  n/a...............  Hahnel's Amazonian  Brazil.
                                                                           swallowtail.
R..............  n/a............  Ornithoptera        Troides             Southern tailed     Indonesia, Papua
                                   meridionalis.       meridionalis;       birdwing.           New Guinea.
                                                       Schoenbergia
                                                       meridionalis.
C..............  8..............  Teinopalpus         n/a...............  Kaiser-I-Hind       Bhutan, China,
                                   imperialis.                             swallowtail,        India, Laos,
                                                                           Emperor of India.   Myanmar, Nepal,
                                                                                               Thailand,
                                                                                               Vietnam.
----------------------------------------------------------------------------------------------------------------


    Dated: November 18, 2004.
Marshall P. Jones, Jr.,
Deputy Director, Fish and Wildlife Service.
[FR Doc. 04-26611 Filed 12-6-04; 8:45 am]
BILLING CODE 4310-55-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>