15640 Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Proposed Rules

(b) On Aberdeen Proving Ground,

except for activities authorized under 5

United States Code Chapter 71, Labor

Management Relations, it is unlawful

for any person to engage in any public

displays of opinions made by protesting,

picketing or any other similar

demonstration without the approval of

the Commander, U.S. Army Garrison,

Aberdeen Proving Ground. Therefore,

unless prior approval has been obtained

as outlined below in 32 CFR 552.214, it

will be unlawful for any person on

Aberdeen Proving Ground to:

(1) Engage in protests, public

speeches, marches, sit-ins, or

demonstrations promoting a point of

view.

(2) Interrupt or disturb the testing and

evaluating of weapon systems, or any

training, formation, ceremony, class,

court-martial, hearing, or other military

business.

(3) Obstruct movement on any street,

road, sidewalk, pathway, or other

vehicle or pedestrian thoroughfare.

(4) Utter to any person abusive,

insulting, profane, indecent, or

otherwise provocative language that by

its very utterance tends to excite a

breach of the peace.

(5) Distribute or post publications,

including pamphlets, newspapers,

magazines, handbills, flyers, leaflets,

and other printed materials, except

through regularly established and

approved distribution outlets and

places.

(6) Circulate petitions or engage in

picketing or similar demonstrations for

any purpose.

(7) Engage in partisan political

campaigning or electioneering.

(8) Disobey a request from Department

of Defense police, other government law

enforcement officials (e.g., Federal,

State, or local law enforcement

officials), military police, or other

competent authority to disperse, move

along or leave the installation.

(c) In appropriate cases, the

Commander, U.S. Army Garrison,

Aberdeen Proving Ground may give

express written permission for protests,

picketing, or any other similar

demonstrations on Aberdeen Proving

Ground property outside the gates

adjacent to the installation, borders,

only if the procedures outlined below in

32 CFR 552.214 are followed.

§ 552.214 Procedures.

(a) Any person or persons desiring to

protest, picket, or engage in any other

similar demonstrations on Aberdeen

Proving Ground must submit a written

request to the Commander, U.S. Army

Garrison, Aberdeen Proving Ground,

ATTN: STEAP–CO, 2201 Aberdeen

Boulevard, Aberdeen Proving Ground,

Maryland 21005–5001. The request

must be received at least 30 calendar

days prior to the demonstration, and it

must include the following:

(1) Name, address, and telephone

number of the sponsoring person or

organization (If it is an organization,

include the name of the point of

contact.)

(2) Purpose of the event.

(3) Number of personnel expected to

attend.

(4) Proposed date, time, location and

duration of the event.

(5) Proposed means of transportation

to and from APG.

(6) Proposed means of providing

security, sanitary services and related

ancillary services to the participants.

(b) Based on the Commander’s

concerns for discipline, mission

accomplishment, protection of property,

and the safeguarding of the health,

morale, and welfare of the APG

community, the Commander will

determine whether to grant the request

and, if granted, any limitations as to

where and when it will take place.

§ 552.215 Responsibilities.

(a) Director, Law Enforcement and

Security, U.S. Army, Garrison Aberdeen

Proving Ground, will furnish police

support as needed.

(b) Chief Counsel and Staff Judge

Advocate, U.S. Army Test and

Evaluation Command, will provide a

legal review of the request.

§ 552.216 Violations.

(a) A person is in violation of the

terms of this subpart if:

(1) That person enters or remains

upon Aberdeen Proving Ground when

that person is not licensed, invited, or

otherwise authorized by the

Commander, U.S. Army Garrison,

Aberdeen Proving Ground pursuant to

the terms of § 552.214; or

(2) That person enters upon or

remains upon Aberdeen Proving Ground

for the purpose of engaging in any

activity prohibited or limited by this

subpart.

(b) All persons (military personnel,

Department of the Army civilian

employees, civilian, and others) may be

prosecuted for violating the provisions

of this subpart. Military personnel may

be prosecuted under the uniform code

of military justice. Department of the

Army civilian employees may be

prosecuted under U.S.C. 1832, and/or

disciplined under appropriate

regulations. Civilians and others may be

prosecuted under U.S.C. 1382.

(c) Administrative sanctions may

include, but are not limited to, bar

actions including suspension of access

privileges, or permanent exclusion from

Aberdeen Proving Ground.

[FR Doc. 97–8335 Filed 4–1–97; 8:45 am]

BILLING CODE 3710–08–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AE20

Endangered and Threatened Wildlife

and Plants; Proposed Endangered

Status for Blackburn’s Sphinx Moth

From the Hawaiian Islands

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) proposes endangered

status pursuant to the Endangered

Species Act of 1973, as amended (Act),

for Blackburn’s sphinx moth (Manduca

blackburni). This species was found on

the Hawaiian islands of Kauai, Oahu,

Molokai, Maui, and Hawaii, but is

currently known only from one

population on Maui. This moth has

been affected or is currently threatened

by one or more of the following; habitat

degradation, introduced animals, and

biological pest control. Due to its

currently restricted distribution and

small population size, this species is

also threatened by naturally occurring

events. This proposal, if made final,

would implement the protection

provisions provided by the Act for this

moth.

DATES: Comments from all interested

parties must be received by June 2,

1997. Public hearing requests must be

received by May 19, 1997.

ADDRESSES: Comments and materials

concerning this proposal should be sent

to Robert P. Smith, Pacific Islands

Ecoregion Manager, U.S. Fish and

Wildlife Service, 300 Ala Moana

Boulevard, Room 6307, P.O. Box 50167,

Honolulu, Hawaii 96850. Comments

and materials received will be available

for public inspection, by appointment,

during normal business hours at the

above address.

FOR FURTHER INFORMATION CONTACT:

Robert P. Smith, at the above address

(808/541–2749).

SUPPLEMENTARY INFORMATION:

Background

The Hawaiian archipelago includes

eight large volcanic islands (Niihau,

Kauai, Oahu, Molokai, Lanai,
Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Proposed Rules 15641

Kahoolawe, Maui, and Hawaii), as well

as offshore islets, shoals, and atolls set

on submerged volcanic remnants at the

northwest end of the chain (the

Northwestern Hawaiian Islands). Each

island was built sequentially from

frequent, voluminous basaltic lava flows

(Stearns 1985). The youngest island,

Hawaii, is still volcanically active, and

retains its form of coalesced

(consolidated), gently sloping,

unweathered shield volcanoes.

Vulcanism on the older islands has long

since ceased, with subsequent erosion

forming heavily weathered valleys with

steep walls, and well-developed streams

and soils (Department of Geography

1983).

This range of topographies creates a

great diversity of climates. Windward

(northeastern) slopes can receive up to

1,000 centimeters (cm) (400 inches (in.))

of rain per year, while some leeward

coasts that lie in the rain shadow of the

high volcanoes are classified as deserts,

receiving as little as 25 cm (10 in.) of

rain annually. The range of moisture

regimes, combined with an elevational

range from coastal (0–300m (0–1000ft))

to alpine (over 3000 meters (m) (10,000

feet)(ft)) creates a diverse mosaic of

natural plant communities, with nearly

all of the world’s plant formation types

represented (Gagne and Cuddihy 1990).

These habitats and plant communities

in turn support one of the most unique

arthropod faunas in the world, with an

estimated 10,000 endemic species

(Howarth 1990). Unusual characters of

Hawaii’s native arthropod fauna include

the presence of relictual (remnant)

groups, the absence of social insects

such as ants and termites, generic

endemism (the uniqueness of its

genera), extremely small geographic

ranges, large species radiations

(significant divergence in species

diversity from primary forms), novel

(unusual) ecological shifts,

flightlessness, and loss of certain

antipredator behaviors (Zimmerman

1948; 1970; Simon et al. 1984; Howarth

1990).

Discussion of the Animal Taxon

Included in This Proposed Rule

Blackburn’s sphinx moth (Manduca

blackburni) is Hawaii’s largest native

insect, with a wingspan of up to 120

millimeters (mm) (5 in.). Like other

sphinx moths (family Sphingidae) it has

long, narrow forewings, and a thick,

spindle-shaped body tapered at both

ends. It is grayish brown in color, with

black bands across the apical margins of

the hind wings, and five orange spots

along each side of the abdomen. The

larva is a typical large ‘‘hornworm’’

caterpillar, with a spine-like process on

the dorsal (upper) surface of the eighth

body segment. Caterpillars occur in two

color forms, bright green, or a grayish

morph. Both color morphs have

scattered white speckles throughout the

dorsum (back or top), with the lateral

(side) margin of each body segment

bearing a horizontal white stripe, and

segments 4–10 bearing diagonal stripes

on the lateral margins (Riotte 1986).

Blackburn’s sphinx moth was

described by Butler in 1880 as

Protoparce blackburni, and named in

honor of the Reverend Thomas

Blackburn who collected the first

specimens. It was later synonymized

with the tomato hornworm (Sphinx

celeus Hubner = Sphinx

quinquemaculatus Hawthorn) by

Meyrick (1899), and then treated as a

subspecies (blackburni) by Rothschild

and Jordan (1903). Zimmerman (1958)

placed both subspecies in the genus

Phlegethontius. Riotte (1986)

demonstrated that Blackburn’s sphinx

moth is a distinct taxon in the genus

Manduca, endemic to the Hawaiian

Islands, and reinstated it as a full

species, Manduca blackburni. D’Abrera

(1986) tentatively considered Manduca

blackburni to be a synonym of Manduca

quinquemaculata, but subsequent

authors (Nishida 1992; Howarth and

Mull 1992) have disagreed with this

view, and the findings of Riotte (1986)

are accepted here. Several different

common names have also been used for

this species, including the tomato hawkmoth (Swezey 1924b), tobacco horn

worm (Browne 1941), the Hawaiian

tobacco worm (Timberlake et al. 1921;

Swezey 1931), the Hawaiian tomato

hornworm (Fullaway and Krauss 1945;

Zimmerman 1958), the Blackburn hawk

moth (Hawaiian Entomological Society

(HES) 1990; Howarth and Mull 1992),

and Blackburn’s sphinx moth (49 FR

21664). In order to avoid the confusion

of these common names inconsistently

associated with different scientific

names, and because the name

‘‘Blackburn’s sphinx moth’’ has been

used before in the Federal Register, that

name is used here.

In Hawaii, Blackburn’s sphinx moth

can be confused with other large moths.

Adult Blackburn’s sphinx moths can be

distinguished from the related

sweetpotato hornworm (Herse

cingulata) by the orange rather than

white dorsal spots on the abdomen with

black borders on both the anterior

(front) and posterior (rear) margins of

each segment, and the broader, marginal

black band on the hind wing.

Blackburn’s sphinx moth is closely

related to the North American tomato

hornworm (Manduca quinquemaculata)

and has been confused with this

species. The larvae of Blackburn’s

sphinx moth differ from those of the

tomato hornworm and tobacco

hornworm (Manduca sexnotata) by

having two dark longitudinal stripes on

the head capsule. Adults of Blackburn’s

sphinx moth can be distinguished from

the tomato hornworm and tobacco

hornworm by the presence of crescentshaped white markings along the inner

border of the black bands on the

forewing.

Larvae of Blackburn’s sphinx moth

feed on plants in the nightshade family

(Solanaceae). The natural host plants are

native shrubs in the genus Solanum

(popolo), and endemic trees in the

genus Nothocestrum (’aiea) (Riotte

1986). Larvae voraciously consume

leaves, stems, flowers and buds of these

plants (Betsy Gagne, Hawaii Department

of Land and Natural Resources, pers.

comm., 1994). Several other host plants

recorded for this species are not native

to the Hawaiian Islands, and include

Nicotiana tabacum (commercial

tobacco), Nicotiana glauca (tree

tobacco), Solanum melongena

(eggplant), Lycopersicon esculentum

(tomato), and possibly Datura

stramonium (Jimson weed) (Riotte

1986). Development from egg to adult

can take as little as 56 days (Williams

1947), but pupae may aestivate (lay

dormant) in the soil up to a year

(Williams 1931; B. Gagne, pers. comm.,

1994). Adult moths can be found

throughout the year, but seem to be

most active during two periods, January

to April, and July to October (Riotte

1986).

Blackburn’s sphinx moth has been

recorded from the islands of Kauai,

Oahu, Molokai, Maui, and Hawaii, and

collected from sea level to 760 m (2,500

ft) elevation. Most historical records

were from coastal or dryland forest

habitats in areas receiving less than 120

cm (50 in.) annual rainfall. On the

island of Kauai, Blackburn’s sphinx

moth was recorded only from the

coastal area of Nawiliwili. Populations

were known from Honolulu, Honouliuli,

and Makua on leeward Oahu, and

Kamalo, Mapulehu, and Keopu on

Molokai. On Hawaii, it was known from

Hilo, Pahala, Kalaoa, Kona, and

Hamakua. It appears that this moth was

historically most common on Maui,

where it was recorded from Kahului,

Spreckelsville, Makena, Wailuku, Kula,

Lahaina, and ‘‘West Maui.’’ It is now

known only from a single population on

Maui.

Very few specimens of this species

have been seen since 1940, and after a

concerted effort by staff at the B.P.

Bishop Museum to relocate this species

in the late 1970’s, it was considered to
15642 Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Proposed Rules

be extinct (Gagne and Howarth 1985; 49

FR 21664). In 1984, a single population

was discovered at Kanaio on East Maui.

The population is located on Stateowned land, which includes a natural

area reserve and an area used by the

Hawaii National Guard for military

training. Between 1986 and 1991, a total

of six specimens were taken in light

traps at Kokomo, Maui, 16 kilometers

(km) (10 miles (mi)) from Kanaio. This

may indicate the presence of an

additional population (P. Conant,

Hawaii Department of Agriculture, pers.

comm., 1994), although adult moths are

strong fliers and these specimens could

have originated at the Kanaio

population. Larvae have been observed

feeding on Nothocestrum latifolium

(’aiea) and tree tobacco (Howarth,

Bishop Museum, in litt., 1994), but the

number of larvae and adults produced

each year is unknown. While

Blackburn’s sphinx moth will colonize

and utilize alien (non-native) plants for

development, the only persistent

population is associated with species of

Nothocestrum, and it is believed that

these host plant populations are a

requirement for the existence of this

moth (B. Gagne, pers. comm. 1994).

The major threats to this species are

predation by alien parasitoids and ants,

habitat degradation through the loss of

its natural host plant, and due to the

single existing population, extinction by

a naturally occurring event. Blackburn’s

Sphinx moth is also susceptible to overcollecting by private and commercial

collectors. These threats will be

discussed in detail in the ‘‘Summary of

Factors Affecting this Species’’ section.

Previous Federal Action

An initial comprehensive notice of

review for invertebrate animals was

published May 22, 1984 (49 FR 21664),

in which Blackburn’s sphinx moth was

considered a category 3A taxon. The

Category 3A taxa classification that

existed at that time were those species

for which the Service had persuasive

evidence of extinction. The Service

published an updated notice of review

for animals on January 6, 1989 (54 FR

554). Although Blackburn’s sphinx

moth had been rediscovered by 1985,

the 1989 notice of review again listed

this taxon as category 3A. In the

November 15, 1994, notice of review for

animals (59 FR 59020) this species was

reclassified as a C1 or a candidate

species for listing and was maintained

as a candidate in the most recent notice

of review published on February 28,

1996 (61 FR 7596).

The processing of this proposed rule

conforms with the Service’s final Fiscal

Year 1997 listing priority guidance

published in the Federal Register on

December 5, 1996, (61 FR 64475).

Summary of Factors Affecting This

Species

Section 4 of the Endangered Species

Act and regulations (50 CFR part 424)

promulgated to implement the listing

provisions of the Act set forth the

procedures for adding species to the

Federal Lists. A species may be

determined to be an endangered or

threatened species due to one or more

of the five factors described in section

4(a)(1). These factors and their

application to Blackburn’s sphinx moth

(Manduca blackburni (Butler)) are as

follows:

A. The present or threatened

destruction, modification, or

curtailment of its habitat or range.

Despite the fact that Blackburn’s sphinx

moth can feed on a variety of

solanaceous plants, including alien

weeds in disturbed areas, the only

persistent population is associated with

the native tree, Nothocestrum

latifolium, which is believed to be

required for the survival of this species.

Nothocestrum is an endemic genus of

four species confined to the Hawaiian

islands (Symon 1990). All four species,

Nothocestrum latifolium, N.

breviflorum, N. longifolium and N.

peltatum occur in dry to mesic (medium

moisture supply) forests, the habitat in

which Blackburn’s sphinx moth has

been most frequently recorded. This dry

forest habitat has been severely

degraded due to past and present land

management practices including

ranching, deliberate introduction of

alien plants and animals, and

agricultural development (Cuddihy and

Stone 1990). Due to these factors,

Nothocestrum peltatum on Kauai and N.

breviflorum on Hawaii are now federally

listed as endangered species (59 FR

3904; 59 FR 55770). Nothocestrum

latifolium occurs on Kauai, Oahu,

Molokai, Lanai, and Maui. Although it

is not presently a protected species, it is

declining and uncommon on all these

islands (Hawaiian Heritage Program

(HHP) 1993; Medeiros et al. 1993). The

stand of trees at Kanaio, one of the

largest in the State (Medeiros et al.

1993), may be the reason it still supports

a population of Blackburn’s sphinx

moth (Art Medeiros, National Biological

Survey, pers. comm., 1994).

Although Nothocestrum latifolium

presently occurs at moderate densities

at Kanaio (HHP 1993), there has been a

complete lack of seedling survival

(Medeiros et al. 1993) and the stand is

being degraded by goats (Capra hircus)

(Medeiros et al. 1993; F.G. Howarth,

pers. comm., 1994; Stephen L.

Montgomery, Hawaii Conservation

Council, pers. comm., 1994). Goats have

played a major role in the destruction of

dryland and mesic forests on the

Hawaiian islands (Stone 1985; van Riper

and van Riper 1982).

Bocconia frutescens (tree poppy) is an

alien shrub/tree that is spreading at

Kanaio. Tree poppy was first discovered

in the Hawaiian Islands in 1920 and is

now established in dry forests on Maui

and mesic forests on Hawaii (Medeiros

et al. 1993). This fast growing shrub, the

seeds of which are dispersed by fruiteating birds, threatens the host plant of

Blackburn’s sphinx moth primarily

through displacement and shading of

immature plants (Medeiros et al. 1993;

B. Gagne, pers. comm., 1994). Bocconia

frutescens has been designated as a

noxious weed for eradication and/or

control by the Hawaiian Department of

Agriculture (Medeiros et al. 1993).

B. Overutilization for commercial,

recreational, scientific, or educational

purposes. Rare butterflies and moths are

highly prized by collectors (Morris et al.

1991), who often take all individuals

obtainable (59 FR 18350; USDJ, in litt.

1993). Unrestricted collecting and

handling for scientific purposes are

known to impact populations of other

species of rare Lepidoptera (butterflies

and moths) (Murphy 1988) and are

considered significant threats to

Blackburn’s sphinx moth. There are

examples of rewards being offered for

specimens of other rare Hawaiian

sphinx moths such as Tinostoma

smargditis (Zimmerman 1958) and high

prices paid for very rare specimens

(Morris et al. 1991). Large scale

poaching rings dealing in rare and

endangered Lepidopterans have been

investigated by the Department of

Justice resulting in the indictment of

several individuals (USDJ, in litt. 1993).

Specimens of Blackburn’s sphinx moth

have already been secured and traded

by collectors (David Preston, B.P.

Bishop Museum, pers. comm., 1994).

C. Disease and predation. The

geographic isolation of the Hawaiian

Islands has restricted the number of

naturally colonizing arthropods and

resulted in the development of an

unusual fauna. An unusually small

number (15 percent) of the known

families of insects are represented by

native Hawaiian species. Some groups

that often dominate continental

arthropod faunas, such as social

Hymenoptera (group nesting ants, bees,

and wasps), are entirely absent from the

native Hawaiian fauna (Howarth 1990).

Commercial shipping and air cargo to

Hawaii has resulted in the

establishment of over 2,500 species of

alien arthropods (Howarth 1990;
Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Proposed Rules 15643

Howarth et al. 1994), with a continuing

establishment rate of 10–20 new species

per year (Beardsley 1962; 1979). In

addition to the accidental establishment

of alien species, alien predators and

parasites used for biological control of

pests have been purposefully imported

and released by individuals, Republic,

Territorial, State, and Federal agencies,

since 1865. Between 1890 and 1985, 243

alien species were introduced,

sometimes with the specific intent of

reducing populations of native

Hawaiian insects (Funasaki et al. 1988;

Lai 1988). Alien arthropods, whether

purposefully introduced or adventive

(opportunistically introduced), pose the

most serious threat to Hawaii’s native

insects through direct predation and

parasitism, as well as competition for

food or space (Howarth and Medeiros

1989; Howarth and Ramsay 1991).

Ants are not a natural component of

Hawaii’s arthropod fauna, and endemic

insect species evolved in the absence of

predation pressure from ants (Reimer

1993). Ants can be particularly

destructive predators because of their

high densities, recruitment behavior

(ability to recruit other individuals to

exploit a food source), aggressiveness,

and broad range of diet (Reimer 1993).

Ants are known to affect prey

populations independent of prey

density, and can locate and destroy

isolated individuals and populations

(Nafus 1993a). At least 36 species of

ants are known to be established in the

Hawaiian Islands, and three particularly

aggressive species have had severe

effects on the native insect fauna

(Zimmerman 1948).

By the late 1870’s, the big-headed ant

(Pheidole megacephala) was present in

Hawaii and its predation on native

insects was noted by Perkins (1913), ‘‘It

may be said that no native Hawaiian

Coleoptera insect can resist this

predator, and it is practically useless to

attempt to collect where it is well

established. Just on the limits of its

range one may occasionally meet with a

few native beetles, e.g. species of

Plagithmysus, often with these ants

attached to their legs and bodies, but

sooner or later they are quite

exterminated from these localities.’’

With few exceptions, native insects,

including most moths, have been

eliminated from areas where the bigheaded ant is present (Perkins 1913;

Gagne 1979; Gillespie and Reimer 1993).

This predator generally does not occur

at elevations higher than 600 m (2,000

ft), and is also restricted by rainfall,

rarely being found in particularly dry

(less than 38–50 cm (15–20 in.)

annually) or wet areas (more than 250

cm (100 in.) annually) (Reimer et al.

1990). It has been observed predating on

eggs and all instars (developmental

stages) of native Lepidoptera

caterpillars, and can completely

exterminate populations (Illingworth

1915; Zimmerman 1958). This ant

occurs at Kanaio (Medeiros et al. 1993)

and is a direct threat to the population

of Blackburn’s sphinx moth.

The Argentine ant (Iridomyrmex

humilis) was discovered on the island of

Oahu in 1940 (Zimmerman 1941) and is

now established on all the main islands.

Unlike the big-headed ant, the

Argentine ant is primarily confined to

elevations greater than 600 m (2,000 ft)

in areas of moderate rainfall (Reimer et

al. 1990). This species has been

demonstrated to reduce, or even

eliminate populations of native

arthropods, including Lepidopterans, at

high elevations in Haleakala National

Park on Maui (Cole et al. 1992). In the

Kula area of Maui, within 6 km (10 mi)

of the population of Blackburn’s sphinx

moth population, Argentine ants have

been shown to be significant predators

on fruit flies (Wong et al. 1984).

The long-legged ant (Anoplolepis

longipes) appeared in Hawaii in 1952

and now occurs on Oahu, Maui, and

Hawaii (Reimer et al. 1990). It inhabits

low elevation (less than 600 m (2,000

ft)), rocky areas of moderate rainfall

(less than 250 cm (100 in.) annually)

(Reimer et al. 1990). Direct observations

indicate that Hawaiian arthropods are

susceptible to predation by this species

(Gillespie and Reimer 1993) and Hardy

(1979) documented the disappearance of

most native insects from Kipahulu

Stream on Maui after the area was

invaded by the long-legged ant.

At least two species of fire ants,

Solenopsis geminita and Solenopsis

papuana, are also important threats to

native Hawaiian fauna (Reagan 1986;

Gillespie and Reimer 1993) and occur

on all the major islands (Reimer et al.

1990). Ants, including the fire ant, are

considered to be the most important and

consistent mortality factor on eggs and

probably larvae of the butterfly

Hypolimnas bolina in Guam, where

both predator and prey are native (Nafus

1993a; 1993c). S. geminita is also known

to be a significant predator on pest fruit

flies in Hawaii (Wong and Wong 1988).

S. papuana is the only abundant,

aggressive ant that has successfully

invaded intact mesic forest above 600 m

(2,000 ft) and is still expanding its range

in Hawaii (Reimer 1993).

Hawaii also has a limited fauna of

native Hymenoptera parasitoids. Only

two species in the family Braconidae are

native to the islands (Beardsley 1961)

and neither are known to attack

Blackburn’s sphinx moth. In contrast,

species of Braconidae are common

parasitoids on the larvae of the tobacco

hornworm and the tomato hornworm in

North America (Gilmore 1938). There

are now at least 74 alien species, in 41

genera, of braconid wasps established in

Hawaii, at least 35 species of which

were purposefully introduced as

biological control agents (Nishida 1992).

Most species of alien Braconidae and

Ichneumonidae wasps that are parasitic

on Lepidoptera are not host specific, but

attack the caterpillars or pupae of a

variety of moths (Zimmerman 1945;

1978; Funasaki et al. 1988). These

wasps have become the dominant larval

parasitoids of Hawaii even in intact,

high elevation, native forest areas

(Zimmerman 1948; Howarth et al.

1994). Wasps eggs are laid in the eggs

or caterpillars of Lepidoptera and upon

hatching the larvae consume internal

tissues of the larvae, eventually

destroying the host. At least one species

established in Hawaii, Hyposeter

exiguae, is known to attack the tobacco

hornworm and the tomato hornworm in

North America (Carlson 1979). This

species has been recorded from all the

main islands except Lanai (Nishida

1992) and was recorded parasitizing the

lawn armyworm (Spodoptera maurita)

on Nicotiana glauca (tree tobacco) at

Spreckelsville, Maui, an alternate host

at an historical locality of Blackburn’s

sphinx moth (Swezey 1927).

The rarity of Blackburn’s sphinx moth

has precluded direct documentation of

alien braconid and ichneumonid wasps

as parasites, but given the abundance

and host breadth of the wasps, they are

considered significant threats to this

species (Howarth 1983; Gagne and

Howarth 1985; Howarth et al. 1994; F.G.

Howarth, pers. comm., 1994).

Small wasps in the family

Trichogrammatidae parasitize insect

eggs, with numerous adults sometimes

developing within a single host egg. The

taxonomy of this group is confusing,

and it is unclear if Hawaii has any

native species (Nishida 1992; Jack

Beardsley, University of Hawaii, pers.

comm. 1994). Several alien species are

established in Hawaii (Nishida 1992)

including Trichogramma minutum,

which is known to attack the sweet

potato hornworm in Hawaii (Fullaway

and Krauss 1945). In 1929, the wasp

Trichogramma chilonis was introduced

in Hawaii as a biological control agent

for the Asiatic rice borer (Chilo

suppressalis) (Funasaki et al. 1988).

This wasp parasitizes the eggs of a

variety of Lepidoptera in Hawaii,

including sphinx moths (Funasaki et al.

1988). Williams (1947) found 70% of

the eggs of Blackburn’s sphinx moth to

be parasitized by a Trichogramma wasp,
15644 Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Proposed Rules

probably T. chilonis. Over 80% of the

eggs of the alien grass webworm

(Herpetogramma licarsisalis) in Hawaii

are parasitized by these wasps (Davis

1969). In Guam, Trichogramma chilonis

effectively limits populations of the

sweetpotato hornworm (Nafus and

Schreiner 1986), which is considered to

be under complete biological control by

this wasp in Hawaii (Lai 1988). While

this wasp probably affects Blackburn’s

sphinx moth in a density dependent

manner, the level of parasitism varying

with the density of the host (Nafus

1993a), and is theoretically unlikely to

directly cause extinction of a population

or the species, the availability of more

abundant, widespread alternate hosts

(any other lepidopteran eggs) may allow

for the extirpation of Blackburn’s sphinx

moth by this or other egg parasites as

part of broader host base (Tothill et al.

1930; Howarth 1991; Nafus 1993b).

Hawaii has no native parasitic flies in

the family Tachinidae (Nishida 1992).

Two species of tachinid flies, Lespesia

archippivora and Chaetogaedia

monticola, were purposefully

introduced to Hawaii for biological

control of armyworms (Funasaki et al.

1988; Nishida 1992). These flies lay

their eggs externally on caterpillars, and

upon hatching, the larvae burrow into

the host, attach to the inside surface of

the cuticle, and consume the soft tissues

(Etchegaray and Nishida 1975b). In

North America, Chaetogaedia monticola

is known to attack at least 36 species of

Lepidoptera in eight families, including

Sphinx moths. Lespesia archippivora is

known to attack Sphinx moths in

addition to over 60 other species of

Lepidoptera in 13 families (Arnaud

1978). These species have been recorded

to attack a variety of Lepidoptera in

Hawaii and are believed to depress

populations of at least two native

species of moths (Lai 1988). Over 40%

of the caterpillars of the monarch

butterfly (Danaus plexippus) on Oahu

are parasitized by Lespesia archippivora

(Etchegaray and Nishida 1975a) and the

introduction of a related species to Fiji

resulted in the extinction of a native

moth there (Tothill et al. 1930; Howarth

1991). Both these species occur on Maui

and are direct threats to Blackburn’s

sphinx moth.

D. The inadequacy of existing

regulatory mechanisms. The single

known population of this moth occurs

on State owned land. Federal listing

would automatically invoke listing

under Hawaii State law, which prohibits

taking and encourages conservation by

State Government agencies. State

regulations prohibit the removal,

destruction, or damage of animals found

on State lands. However, the regulations

are difficult to enforce because of

limited personnel. Hawaii’s Endangered

Species Act (HRS, Sect. 195D–4(a))

states, ‘‘Any species of aquatic life,

wildlife, or land plant that has been

determined to be an endangered species

pursuant to the [Federal] Endangered

Species Act shall be deemed to be an

endangered species under the

provisions of this chapter and any

indigenous species of aquatic life,

wildlife, or land plant that has been

determined to be a threatened species

pursuant to the [Federal] Endangered

Species Act shall be deemed to be a

threatened species under the provisions

of this chapter.’’ Further, the State may

enter into agreements with Federal

agencies to administer and manage any

area required for the conservation,

management, enhancement, or

protection of endangered species (HRS,

Sect. 195D–5(c)). Funds for these

activities could be made available under

section 6 of the Federal Act (State

Cooperative Agreements). Listing of this

animal species will therefore reinforce

and supplement the protection available

under State law.

Alien predatory and parasitic insects

are the primary cause of the reduction

in range and abundance of Blackburn’s

sphinx moth, and are the most serious

present threat to its continued existence.

Some of these alien species have been

purposefully introduced by the State of

Hawaii’s Department of Agriculture or

other agricultural agencies (Funasaki et

al. 1988) and importations and

augmentations of lepidopteran

parasitoids continues. Presently, there

are no Federal statutes that specifically

require biocontrol agents to be reviewed

before they are introduced. The limited

Federal review process is based on other

related Federal statutes, primarily

quarantine acts, registration acts, and

protective acts for endangered species.

These statutes have substantial

limitations as tools for regulating

biological control agents (Miller and

Aplet 1993). Although the State of

Hawaii requires that new introductions

are reviewed before release (HRS Chapt.

150A), post-release biology and host

range cannot be predicted from

laboratory studies (Gonzalez and

Gilstrap 1992; Roderick 1992) and the

intentional release or augmentation of

any lepidopteran predator or parasitoid

is a potential threat to Blackburn’s

sphinx moth (Gagne and Howarth 1985;

Simberloff 1992).

E. Other natural or manmade factors

affecting its continued existence. Alien

predators and parasitoids and the loss of

its host plant have extirpated all

populations of this moth at lower

elevations and in more mesic areas.

Thus, if the Kanaio population is

severely reduced in size there is now no

potential for recolonization or ‘‘rescue’’

(Brown and Kodric-Brown 1977) of the

remaining population by immigrants

(Arnold 1983). The single population of

Blackburn’s sphinx moth increases the

potential for extinction from naturally

occurring events. Isolated, random

events such as hurricanes, landslides

and fires could result in extinction of

this species if the single population site

is affected.

The Service has carefully assessed the

best scientific and commercial

information available regarding the past,

present, and future threats faced by this

species in determining to propose this

rule. Based on this evaluation, the

preferred action is to list Blackburn’s

sphinx moth (Manduca blackburni) as

endangered. This species is threatened

by habitat degradation through loss of

its native host plant and by predation

from ants and alien parasitoid wasps.

The single extant (existing) population

of this species makes it susceptible to

extinction from naturally occurring

events. This species is in danger of

extinction throughout all of its range,

and therefore the preferred action is to

list the Blackburn’s sphinx moth as

endangered.

Critical habitat is not being proposed

for this species, for reasons discussed in

the ‘‘Critical Habitat’’ section of this

rule.

Critical Habitat

Critical habitat is defined in section 3

of the Act as: (i) The specific areas

within the geographical area occupied

by a species, at the time it is listed in

accordance with the Act, on which are

found those physical or biological

features (I) essential to the conservation

of the species and (II) that may require

special management considerations or

protection and; (ii) specific areas

outside the geographical area occupied

by a species at the time it is listed, upon

a determination that such areas are

essential for the conservation of the

species. ‘‘Conservation’’ means the use

of all methods and procedures needed

to bring the species to the point at

which listing under the Act is no longer

necessary.

Section 4(a)(3) of the Act, as

amended, and implementing regulations

(50 CFR 424.12) require that, to the

maximum extent prudent and

determinable, the Secretary designate

critical habitat at the time the species is

determined to be endangered or

threatened. The Service finds that

designation of critical habitat is not

prudent for Blackburn’s sphinx moth at

this time. Service regulations (50 CFR
Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Proposed Rules 15645

424.12(a)(1)) state that designation of

critical habitat is not prudent when one

or both of the following situations

exist—(1) The species is threatened by

taking or other human activity, and

identification of critical habitat can be

expected to increase the degree of threat

to the species, or (2) such designation of

critical habitat would not be beneficial

to the species.

The listing of this species under the

Act publicizes the rarity of this moth

and, thus, can make it attractive to

researchers and/or collectors of rare

Lepidoptera. In light of the existence of

dealers in rare and endangered

Lepidopterans (USDJ in litt. 1993),

Federal Register publication of maps

with precise locations and descriptions

of critical habitat, as required for the

designation of critical habitat, would

increase the degree of threat to this

moth from take by collectors and could

contribute to its decline.

All involved parties including the

major landowners have been notified of

the importance of protecting the habitat

of the remaining population of this

species. Protection of the habitat of the

species will also be addressed through

the Act’s recovery process and section 7

consultation process. Part of the single

remaining population of this moth is

located on State lands utilized for

military training of the Hawaii National

Guard. The Department of Defense is

aware of the species’ occurrence on the

site and is required to consult with the

Service to ensure that any actions that

it authorizes, funds or carries out do not

jeopardize the continued existence of

the species. Therefore, the Service finds

that designation of critical habitat for

this species is not prudent at this time,

because such designation would

increase the degree of threat from

collecting and would provide no

additional benefit to the species.

Available Conservation Measures

Conservation measures provided to

species listed as endangered or

threatened under the Endangered

Species Act include recognition,

recovery actions, requirements for

Federal protection, and prohibitions

against certain practices. Recognition

through listing results in public

awareness and conservation actions by

Federal, State, and local agencies,

private organizations, and individuals.

The Act provides for possible land

acquisition and cooperation with the

States and requires that recovery actions

be carried out for all listed species. The

protection required of Federal agencies

and the prohibitions against taking and

harm are discussed, in part, below.

Section 7(a) of the Act, as amended,

requires Federal agencies to evaluate

their actions with respect to any species

that is proposed or listed as endangered

or threatened. Regulations

implementing this interagency

cooperation provision of the Act are

codified at 50 CFR Part 402. Section

7(a)(4) requires Federal agencies to

confer with the Service on any action

that is likely to jeopardize the continued

existence of a species proposed for

listing or result in destruction or

adverse modification of proposed

critical habitat. If a species is listed

subsequently, section 7(a)(2) requires

Federal agencies to insure that activities

they authorize, fund, or carry out are not

likely to jeopardize the continued

existence of the species or destroy or

adversely modify its critical habitat. If a

Federal action may affect a listed

species or its critical habitat, the

responsible Federal agency must enter

into formal consultation with the

Service.

Part of the single remaining

population of this moth is located on

State land utilized for military training

of the Hawaii National Guard. Federally

supported activities that could affect

Blackburn’s sphinx moth and its habitat

in the future include, but are not limited

to, the following; release or

augmentation of biological control

agents, road and firebreak construction,

troop movements, and fire resulting

from the use of live ammunition.

Conservation of this moth is consistent

with most ongoing operations at the

occupied site, and the proposed listing

of the species is not expected to result

in significant restrictions on military

use of the land, or insect pest control in

Hawaii.

The Act and its implementing

regulations set forth a series of general

trade prohibitions and exceptions that

apply to all endangered wildlife. The

prohibitions, codified at 50 CFR 17.21,

in part, make it illegal for any person

subject to the jurisdiction of the United

States to take (includes harass, harm,

pursue, hunt, shoot, wound, kill, trap,

capture, or collect; or attempt any of

these), import or export, ship in

interstate commerce in the course of

commercial activity, or sell or offer for

sale in interstate or foreign commerce,

any listed species. It is also illegal to

possess, sell, deliver, carry, transport, or

ship any such wildlife that has been

taken illegally. Certain exceptions apply

to agents of the Service and State

conservation agencies.

Permits may be issued to carry out

otherwise prohibited activities

involving endangered wildlife under

certain circumstances. Regulations

governing permits are codified at 50

CFR 17.22 and 17.23. Such permits are

available for scientific purposes, to

enhance the propagation or survival of

the species, and/or for incidental take in

the course of otherwise lawful activities.

It is the policy of the Service,

published in the Federal Register on

July 1, 1994 (59 FR 34272), to identify

to the maximum extent practicable at

the time a species is listed those

activities that would or would not

constitute a violation of section 9 of the

Act. The intent of this policy is to

increase public awareness of the effect

of this listing on proposed and ongoing

activities within the species’ range. The

Service believes that, based on the best

available information, the following

action will not result in a violation of

section 9:

(1) Possession, delivery, or movement,

including interstate transport and

import into or export from the United

States, involving no commercial

activity, dead specimens of this taxon

that were collected prior to the date of

publication in the Federal Register of a

final regulation adding this taxon to the

list of endangered species.

Potential activities involving

Blackburn’s sphinx moth that the

Service believes will likely be

considered a violation of section 9

include, but are not limited to, the

following:

(1) Collection of specimens of this

taxon for private possession or

deposition in an institutional collection;

(2) Sale or purchase of specimens of

this taxon, except for properly

documented antique specimens of this

taxon at least 100 years old, as defined

by section 10(h)(1) of the Act;

(3) Unauthorized use of chemical

insecticides that take Blackburn’s

sphinx moth in violation of label

restrictions;

(4) The unauthorized release of

biological control agents which attack

any life stage of this taxon, and;

(5) The removal or destruction of the

native host plant, defined as any species

in the genus Nothocestrum, within areas

occupied by this taxon.

Questions regarding whether specific

activities will constitute a violation of

section 9 should be directed to the Field

Supervisor of the Service’s Pacific

Islands Office (see ADDRESSES section).

Requests for copies of the regulations

concerning listed animals and inquiries

regarding prohibitions and permits may

be addressed to the U.S. Fish and

Wildlife Service, Ecological Services,

Endangered Species Permits, 911 N.E.

11th Avenue, Portland, Oregon, 97232–

4181 (telephone 503/231–2063; facsmile

503/231–6243).
15646 Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Proposed Rules

Public Comments Solicited

The Service intends that any final

action resulting from this proposal will

be as accurate and as effective as

possible. Therefore, comments or

suggestions from the public, other

concerned governmental agencies, the

scientific community, industry, or any

other interested party concerning this

proposed rule are hereby solicited.

Comments particularly are sought

concerning—

(1) Biological, commercial trade, or

other relevant data concerning threat (or

lack thereof) to this species;

(2) The location of any additional

populations of this species and the

reasons why any habitat should or

should not be determined to be critical

habitat as provided by section 4 of the

Act;

(3) Additional information concerning

the range, distribution, and population

size of this species; and

(4) Current or planned activities in the

subject area and their possible impacts

on this species.

Final promulgation of the regulations

on this species will take into

consideration the comments and any

additional information received by the

Service, and such communications may

lead to a final regulation that differs

from this proposal.

The Endangered Species Act provides

for one or more public hearings on this

proposal, if requested. Requests must be

received within 45 days of the date of

publication of the proposal in the

Federal Register. Such requests must be

made in writing and be addressed to the

Ecoregion Manager (See ADDRESSES

section).

National Environmental Policy Act

The Fish and Wildlife Service has

determined that Environmental

Assessments and Environmental Impact

Statements, as defined under the

authority of the National Environmental

Policy Act of 1969, need not be

prepared in connection with regulations

adopted pursuant to section 4(a) of the

Endangered Species Act of 1973, as

amended. A notice outlining the

Service’s reasons for this determination

was published in the Federal Register

on October 25, 1983 (48 FR 49244).

Required Determinations

The Service has examined this

regulation under the Paperwork

Reduction Act of 1995 and found it to

contain no information collection

requirements. This rulemaking was not

subject to review by the Office of

Management and Budget under

Executive Order 12866.

References Cited

A complete list of all references cited

herein, as well as others, is available upon

request from the Pacific Islands Office (see

ADDRESSES above).

Author: The primary author of this

document is Adam Asquith, Ecological

Services, Pacific Islands Ecoregion, U.S.

Fish and Wildlife Service, 300 Ala

Moana Boulevard, Room 6307, P.O. Box

50167, Honolulu, Hawaii 96850 (808/

541–3441).

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements, and

Transportation.

Proposed Regulation Promulgation

Accordingly, the Service hereby

proposes to amend part 17, subchapter

B of chapter I, title 50 of the Code of

Federal Regulations, as set forth below:

PART 17—[AMENDED]

1. The authority citation for part 17

continues to read as follows:

Authority: 16 U.S.C. 1361–1407; 16 U.S.C.

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–

625, 100 Stat. 3500; unless otherwise noted.

2. Section 17.11(h) is amended by

adding the following, in alphabetical

order under INSECTS, to the List of

Endangered and Threatened Wildlife to

read as follows:

§ 17.11 Endangered and threatened

wildlife.

* * * * *

(h) * * *

Species

Historic range

Vertebrate population where endangered or threatened

Status When listed Critical

habitat

Special

rules Common name Scientific name

* * * * * * *

INSECTS

* * * * * * *

Moth, Blackburn’s

Sphinx.

Manduca blackburni U.S.A. (HI) .............. NA ........................... E NA NA NA

* * * * * * *

Dated: February 12, 1997.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

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

BILLING CODE 4310–55–P

50 CFR Part 17

RIN 1018–AD09

Endangered and Threatened Wildlife

and Plants; Notice of Reopening of

Comment Period on Proposed Rule To

List Five Plants and a Lizard From

Monterey County, California, as

Endangered or Threatened

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; Notice of

reopening of comment period.

SUMMARY: The Fish and Wildlife Service

(Service), pursuant ot the Endangered

Species Act of 1973, as amended (Act),

gives notice that the comment period is

reopened on the proposed rule to list

Astragalus tener var. titi (coastal dunes

milk-vetch), Piperia yadonii (Yadon’s

piperia), Potentilla hickmanii

(Hickman’s potentilla), Trifolium

trichocalyx (Monterey clover) and the

black legless lizard (Anniella pulchra

nigra) as endangered; and Cupressus

goveniana ssp. goveniana (Gowen

cypress) as threatened. The comment

period has been reopened to allow all

interested parties to submit new

information on the proposal and to

provide opportunity for comment on the