Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Rules and Regulations 99129 

and environmental benefits of the rule 

in eliminating significant contribution 

and to ensure to the greatest extent 

possible the ability of both upwind 

states and downwind states and other 

relevant stakeholders to be able to rely 

on the rule in their planning. 88 FR 

36693. Cf. Wisconsin, 938 F.3d at 336– 

37 (‘‘As a general rule, we do not vacate 

regulations when doing so would risk 

significant harm to the public health or 

the environment.’’); North Carolina v. 

EPA, 550 F.3d 1176, 1178 (D.C. Cir. 

2008) (noting the need to preserve 

public health benefits). 

IV. Statutory and Executive Orders 

Reviews 

The EPA’s determinations under the 

relevant statutory and Executive Order 

reviews for the Good Neighbor Plan can 

be found at 88 FR 36856–60. This 

document provides further explanation 

in response to comments concerning a 

particular aspect of the Good Neighbor 

Plan and does not alter or amend any of 

the requirements of the rule. Additional 

information about the relevant statutes 

and Executive Orders can be found at 

https://www.epa.gov/laws-regulations/ 

laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

The Office of Management and Budget 

(OMB) has determined that this 

document is significant for purposes of 

review under Executive Order 12866, as 

amended by Executive Order 14094. 

Accordingly, the EPA submitted this 

document to the OMB for Executive 

Order 12866 review. Documentation of 

any changes made in response to the 

Executive Order 12866 review is 

available in the docket. 

B. Judicial Review 

Judicial review of the Good Neighbor 

Plan is in the United States Court of 

Appeals for the District of Columbia 

Circuit for the reasons stated in the final 

rulemaking document. See 88 FR 

36859–60. Petitions for review of the 

Good Neighbor Plan are currently 

pending in that court, and this 

document completes proceedings on 

remand of the record as ordered by that 

court. State of Utah et al. v. EPA, No. 

23–1157 (D.C. Cir. September 12, 2024). 

The D.C. Circuit retains jurisdiction 

over the case. 

Michael S. Regan, 

Administrator. 

[FR Doc. 2024–28739 Filed 12–9–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–HQ–ES–2023–0067; 

FXES1111090FEDR–256–FF09E21000] 

RIN 1018–BG69 

Endangered and Threatened Wildlife 

and Plants; Endangered Species 

Status for the Fluminense Swallowtail 

Butterfly, Harris’ Mimic Swallowtail 

Butterfly, and Hahnel’s Amazonian 

Swallowtail Butterfly 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), determine 

endangered species status under the 

Endangered Species Act of 1973 (Act), 

as amended, for three butterflies 

endemic to Brazil: the Fluminense 

swallowtail (Parides ascanius), Harris’ 

mimic swallowtail (Eurytides 

(=Mimoides) lysithous harrisianus), and 

Hahnel’s Amazonian swallowtail 

(Parides hahneli). This rule extends the 

Act’s protections to these species. 

DATES: This rule is effective January 9, 

2025. 

ADDRESSES: This final rule, comments 

and materials we received on the 

proposed rule, and supporting materials 

that we used in preparing this rule, such 

as the species status assessment report, 

are available at https://

www.regulations.gov at Docket No. 

FWS–HQ–ES–2023–0067. 

FOR FURTHER INFORMATION CONTACT: 

Rachel London, Manager, Branch of 

Delisting and Foreign Species, 

Ecological Services Program, U.S. Fish 

and Wildlife Service, MS: ES, 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803; telephone 703–358–2171. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

Previous Federal Actions 

Please refer to the proposed listing 

rule (88 FR 48414, July 27, 2023) for the 

Fluminense swallowtail butterfly, 

Harris’ mimic swallowtail butterfly, and 

Hahnel’s Amazonian swallowtail 

butterfly for a detailed description of 

previous Federal actions concerning 

these species. Hereafter in this 

document, we will abbreviate their 

common names by removing the word 

‘‘butterfly’’ and referring to these 

species as ‘‘swallowtails.’’ 

Peer Review 

A species status assessment (SSA) 

team prepared an SSA report for the 

Fluminense swallowtail, Harris’ mimic 

swallowtail, and Hahnel’s Amazonian 

swallowtail. The SSA team was 

composed of Service biologists, in 

consultation with other species experts. 

The SSA report represents a 

compilation of the best scientific and 

commercial data available concerning 

the status of the species, including the 

impacts of past, present, and future 

factors (both negative and beneficial) 

affecting the species. 

In accordance with our joint policy on 

peer review published in the Federal 

Register on July 1, 1994 (59 FR 34270), 

and our August 22, 2016, memorandum 

updating and clarifying the role of peer 

review in listing actions under the Act, 

we solicited independent scientific 

review of the information contained in 

the Fluminense swallowtail, Harris’ 

mimic swallowtail, and Hahnel’s 

Amazonian swallowtail SSA report. As 

discussed in the proposed rule, we sent 

the SSA report to seven independent 

peer reviewers and received four 

responses. The peer reviews can be 

found at https://www.regulations.gov. In 

preparing the proposed rule, we 

incorporated the results of these 

reviews, as appropriate, into the SSA 

report, which was the foundation for the 

proposed rule and this final rule. A 

summary of the peer review comments 

and our responses can be found in the 

proposed rule (88 FR 48414). 

Summary of Changes From the 

Proposed Rule 

In preparing this final rule, we 

reviewed and fully considered all public 

comments received during the comment 

period, and we make no substantive 

changes from the July 27, 2023, 

proposed rule (88 FR 48414). We 

considered all relevant references 

provided by commenters in our final 

determination and incorporated them 

into this final rule (see Habitat Loss and 

Degradation and Capture, below). 

Summary of Comments and 

Recommendations 

In the proposed rule published on 

July 27, 2023 (88 FR 48414), we 

requested that all interested parties 

submit written comments on the 

proposal by September 25, 2023. We 

also contacted appropriate Federal 


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agencies, scientific experts and 

organizations, range country CITES 

authorities and other appropriate 

agencies, and other interested parties 

and invited them to comment on the 

proposal. We did not receive any 

requests for a public hearing. All 

substantive information received during 

the comment period has either been 

incorporated directly into this final 

determination or is addressed below. 

Public Comments 

(1) Comment: One commenter 

suggested that the length of time 

between when we were petitioned to list 

the three swallowtails in 1994 and the 

proposed listing in 2023 is too long, 

particularly because we had determined 

the species warranted listing in 1994 but 

was precluded by other priorities. 

Our response: We recognize the 

length of time between first making the 

three Brazilian swallowtails candidate 

species and this final listing rule. For 

more information on our process and 

progress making listing decisions with 

foreign species, see the most recently 

published annual review of candidate 

species, annual notification of findings 

on resubmitted petitions, and 

description of progress on listing actions 

(88 FR 41560; June 27, 2023). 

(2) Comment: One commenter claims 

there is not sufficient evidence and data 

to list the three swallowtails. 

Our response: We are required to 

make our determination based on the 

best scientific and commercial data 

available at the time of our rulemaking. 

We considered the best scientific and 

commercial data available regarding the 

Fluminense swallowtail, Harris’ mimic 

swallowtail, and Hahnel’s Amazonian 

swallowtail to evaluate their status 

under the Act. We solicited peer review 

of our evaluation of the available data, 

and our peer reviewers supported our 

analysis. Science is a cumulative 

process, and the body of knowledge is 

ever-growing. In light of this, the 

Service will always take new research 

into consideration. 

(3) Comment: One commenter claims 

the Service needs to assess the 

economic impact of listing and 

designating critical habitat for the three 

swallowtails. 

Our response: The Act requires us to 

use the best scientific and commercial 

data available in our listing 

determinations. The Act does not allow 

us to consider the impacts of listing on 

economics or human activities over the 

short term, long term, or cumulatively. 

No critical habitat will be designated for 

the Fluminense swallowtail, Harris’ 

mimic swallowtail, nor Hahnel’s 

Amazonian swallowtail. Under our 

regulations at 50 CFR 424.12(g), we do 

not designate critical habitat within 

foreign countries or in areas outside the 

jurisdiction of the United States. 

Final Listing Determination 

Background 

Taxonomy and Physical Description 

The Fluminense swallowtail, Harris’ 

mimic swallowtail, and Hahnel’s 

Amazonian swallowtail are all 

butterflies belonging to the Papilonidae 

family. Swallowtail butterflies get their 

name from extended tails on their 

hindwings; however, not all 

swallowtails possess this feature. The 

Fluminense swallowtail (Parides 

ascanius) and Hahnel’s Amazonian 

swallowtail (Parides hahneli) are both 

full species in the multi-species genus 

Parides (Tyler et al. 1994, pp. 179, 185; 

Racheli and Olmisani 1998, p. 126; 

Racheli et al. 2006, pp. 73, 77; Ba ́nki et 

al. 2022, unpaginated). The Harris’s 

mimic swallowtail, Eurytides 

(=Mimoides or Graphium) lysithous 

harrisianus (Swainson 1822), is a 

subspecies of E. (=M.) lysithous 

(D’Abrera 1981 and D’Almeida 1966 as 

cited in Collins and Morris 1985, p. 208; 

Zhang et al. 2019, p. 3). 

All three swallowtails are endemic to 

Brazil. The Fluminense swallowtail is a 

black-white-and-red butterfly with a 45- 

millimeter (mm) (1.77-inch (in)) 

wingspan (Otero and Brown 1984, p. 2). 

Mimicking the Fluminense swallowtail, 

Harris’ mimic swallowtail is a similarlooking medium-sized black-white-andred butterfly with narrow and relatively 

short tails (Collins and Morris 1985, p. 

208). Hahnel’s Amazonian swallowtail 

is a large black-and-yellow butterfly 

with a wingspan of 80–100 mm (3.14– 

3.93 in) (Collins and Morris 1985, p. 

242). 

Fluminense Swallowtail Ecology 

The Fluminense swallowtail, endemic 

to sand forests or ‘‘restingas,’’ currently 

occupies an estimated 36 to 288 square 

kilometers (km2) of sparse habitat 

fragments across the swampy coastal 

forests of the State of Rio de Janeiro and 

the southern part of the State of Espı ́rito 

Santo (Soares et al. 2011, p. 69; 

Seraphim et al. 2016, p. 534; H. Grice 

et al. 2019b, p. 2; Almeida 2023, 

unpaginated; Brant 2023, pers. comm.; 

Rosa et al. 2023, p. 8). Larvae feed 

exclusively on pipevine (also known as 

Dutchman’s pipe) (Aristolochia 

trilobata), which grows primarily in 

rich, wet soils and is endemic to 

restinga habitats (Almeida 2015a, 

unpaginated; Seraphim et al. 2016, p. 

534). Adult Fluminense swallowtails 

have been documented to feed on more 

than 30 flowering plant species from 

more than 12 families (Almeida 2015a, 

unpaginated). 

The Fluminense swallowtail typically 

has six generations per year and 

develops from egg to adult in 

approximately 50–58 days, with adult 

male life expectancy averaging 12.3 

days (Otero and Brown 1984, pp. 5–6, 

8–9; Herkenhoff et al. 2013, pp. 29–32; 

Almeida 2015b, p. 387). Adult males 

can travel distances of 400 to 1,000 

meters (m) but are not found above 60 

m of altitude (Soares et al. 2011, p. 69; 

Herkenhoff et al. 2013, pp. 29, 32; 

Seraphim et al. 2016, p. 544). 

Fluminense swallowtails are known 

to have a sparse distribution throughout 

their range; sex ratios are maledominated; and population numbers 

increase in the austral spring, peaking in 

October, correlated with warmer 

temperatures and lower relative 

humidity (Herkenhoff et al. 2013, p. 32; 

dos Santos Pereira et al. 2020, pp. 371– 

372). The Fluminense swallowtail 

currently occupies at least eight sites in 

the State of Rio de Janeiro where the 

species exhibits a metapopulation 

structure (a group of separate 

subpopulations that has some level of 

mixing) (Seraphim et al. 2016, pp. 534, 

544). The species has also recently been 

seen in the southern part of the State of 

Espı ́rito Santo, but records of this 

occurrence are not yet published (Brant 

2023, unpaginated). Both the number of 

subpopulations as well as the numbers 

of individuals within each 

subpopulation have continually 

declined, but total population estimates 

do not currently exist (Seraphim et al. 

2016, p. 535; Almeida 2017, 

unpaginated; H. Grice et al. 2019b, p. 4). 

Harris’ Mimic Swallowtail Ecology 

The Harris’ mimic swallowtail 

currently occupies approximately 96 

km2 in Rio de Janeiro city, Barra de Sa ̃o 

Joa ̃o, Poc ̧o das Antas Biological Reserve, 

Jurubatiba National Park, and possibly 

near Vito ́ria City in the State of Espı ́rito 

Santo. In these areas, the Harris’ mimic 

swallowtail inhabits sand-forest habitats 

composed of mixed dense and open 

vegetation adjacent to and in the 

lowland restinga swamps and in sandy 

flats above the tidal margins of the 

coastal Atlantic Forest (Otero and 

Brown, 1984, p. 10; Collins and Morris 

1985, p. 209; Tyler, Hamilton A., 

Brown, and Wilson 1994, p. 179; Brown, 

Jr. 2004, pers. comm.; Monteiro et al. 

2004, entire; Brant 2023, pers. comm.; 

Rosa, Ribeiro, and Freitas 2023, p. 8). 

Harris’ mimic swallowtail feeds on 

several plant species in the larval stage, 

and adults feed on nectar from 

flowering plants (Collins and Morris 


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1985, p. 209; Tyler, Hamilton A., 

Brown, and Wilson 1994, p. 179; Xerces 

Society 2006, unpaginated). The Harris’ 

mimic swallowtail has one brood per 

year, and individuals can remain in the 

pupal stage for 9 months to a year 

(Collins and Morris 1985, p. 209; Tyler, 

Hamilton A., Brown, and Wilson 1994, 

p. 179; Almeida 2015a, unpaginated). 

The adult flight season is from 

September to February, and flight 

activity is strongly associated with high 

humidity and sunshine (Collins and 

Morris 1985, p. 209). 

Population ecology data are limited 

for Harris’ mimic swallowtail. While 

new and unpublished information 

indicates more colonies may have 

recently been discovered, the current 

best available data indicates only five 

known colonies of the subspecies, with 

abundance estimates for only one site 

from the early 2000s (Tyler, Hamilton 

A., Brown, and Wilson 1994, p. 179; 

Brown, Jr. 2004, pers. comm.; Monteiro 

et al. 2004, entire; Almeida 2015a, 

unpaginated; Brant 2023, pers. comm.). 

Information on sex ratio, population 

structure, and total population size is 

unknown, but the best available data 

indicates the total population size is 

decreasing due to ongoing habitat loss 

and degradation. 

Hahnel’s Amazonian Swallowtail 

Ecology 

Hahnel’s Amazonian swallowtail is 

very rare with a patchy distribution, 

inhabiting old sand strips (i.e., stranded 

beaches) in remote regions along the 

tributaries of the middle and lower 

Amazon River basin in the States of 

Amazonas and Para ́ (Brown in litt. 1982, 

as cited in Collins and Morris 1985, p. 

242; New and Collins 1991, p. 29; Tyler 

et al. 1994, p. 178; Racheli et al. 2006, 

p. 77; H. Grice et al. 2019c, p. 4). 

Hahnel’s Amazonian swallowtail’s 

location records span a wide range, and, 

due to lack of recent surveys, it is 

unknown whether the species persists 

in these locations (Brown, Jr. 2004, pers. 

comm.; H. Grice et al. 2019c, p. 2). 

Very limited information is available 

on the ecology, population size, 

population trends, or sex ratio of 

Hahnel’s Amazonian swallowtail due to 

its extremely low densities and 

occurrence in remote regions. We are 

unaware of any information on the 

number of generations per year, life 

span, or duration of each life stage. The 

species likely feeds on only one or a few 

larval host plants, and while it has not 

been identified to species, it is believed 

to be in the Dutchman’s pipe genus, 

either Aristolochia lanceolato-lorato or 

A. acutifolia (Collins and Morris 1985, 

p. 242; Tyler et al. 1994, p. 337; Racheli 

et al. 2006, p. 13). Like other 

swallowtail butterflies, it has been seen 

flying high, at or above the canopy 

(Brown, Jr. 2004, pers. comm.). The 

species is known to have a linear and 

patchy distribution, which might limit 

gene flow (Collins and Morris 1985, p. 

242; H. Grice et al. 2019c, p. 4). 

A thorough review of the taxonomy, 

life history, and ecology of the 

Fluminense, Harris’ mimic, and 

Hahnel’s Amazonian swallowtails is 

presented in the SSA report (Service 

2023, pp. 1–11). 

Regulatory and Analytical Framework 

Regulatory Framework 

Section 4 of the Act (16 U.S.C. 1533) 

and the implementing regulations in 

title 50 of the Code of Federal 

Regulations set forth the procedures for 

determining whether a species is an 

endangered species or a threatened 

species, issuing protective regulations 

for threatened species, and designating 

critical habitat for endangered and 

threatened species. On April 5, 2024, 

jointly with the National Marine 

Fisheries Service (NMFS), the Service 

issued a final rule that revised the 

regulations in 50 CFR part 424 regarding 

how we add, remove, and reclassify 

endangered and threatened species and 

what criteria we apply when 

designating listed species’ critical 

habitat (89 FR 24300). On the same day, 

the Service published a final rule 

revising our protections for endangered 

species and threatened species at 50 

CFR part 17 (89 FR 23919). These final 

rules are now in effect and are 

incorporated into the current 

regulations. Our analysis for this final 

decision applied our current 

regulations. Given that we proposed 

listing this species under our prior 

regulations (revised in 2019), we have 

also undertaken an analysis of whether 

our decision would be different if we 

had continued to apply the 2019 

regulations; we concluded that the 

decision would be the same. The 

analyses under both the regulations 

currently in effect and the 2019 

regulations are available on https://

www.regulations.gov. 

The Act defines an ‘‘endangered 

species’’ as a species that is in danger 

of extinction throughout all or a 

significant portion of its range and a 

‘‘threatened species’’ as a species that is 

likely to become an endangered species 

within the foreseeable future throughout 

all or a significant portion of its range. 

The Act requires that we determine 

whether any species is an endangered 

species or a threatened species because 

of any of the following factors: 

(A) The present or threatened 

destruction, modification, or 

curtailment of its habitat or range; 

(B) Overutilization for commercial, 

recreational, scientific, or educational 

purposes; 

(C) Disease or predation; 

(D) The inadequacy of existing 

regulatory mechanisms; or 

(E) Other natural or manmade factors 

affecting its continued existence. 

These factors represent broad 

categories of natural or human-caused 

actions or conditions that could have an 

effect on a species’ continued existence. 

In evaluating these actions and 

conditions, we look for those that may 

have a negative effect on individuals of 

the species, as well as other actions or 

conditions that may ameliorate any 

negative effects or may have positive 

effects. 

We use the term ‘‘threat’’ to refer in 

general to actions or conditions that are 

known to or are reasonably likely to 

negatively affect individuals of a 

species. The term ‘‘threat’’ includes 

actions or conditions that have a direct 

impact on individuals (direct impacts), 

as well as those that affect individuals 

through alteration of their habitat or 

required resources (stressors). The term 

‘‘threat’’ may encompass—either 

together or separately—the source of the 

action or condition or the action or 

condition itself. 

However, the mere identification of 

any threat(s) does not necessarily mean 

that the species meets the statutory 

definition of an ‘‘endangered species’’ or 

a ‘‘threatened species.’’ In determining 

whether a species meets either 

definition, we must evaluate all 

identified threats by considering the 

species’ expected response and the 

effects of the threats—in light of those 

actions and conditions that will 

ameliorate the threats—on an 

individual, population, and species 

level. We evaluate each threat and its 

expected effects on the species, then 

analyze the cumulative effect of all of 

the threats on the species as a whole. 

We also consider the cumulative effect 

of the threats in light of those actions 

and conditions that will have positive 

effects on the species, such as any 

existing regulatory mechanisms or 

conservation efforts. The Secretary 

determines whether the species meets 

the definition of an ‘‘endangered 

species’’ or a ‘‘threatened species’’ only 

after conducting this cumulative 

analysis and describing the expected 

effect on the species. 

The Act does not define the term 

‘‘foreseeable future,’’ which appears in 

the statutory definition of ‘‘threatened 

species.’’ Our implementing regulations 


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at 50 CFR 424.11(d) set forth a 

framework for evaluating the foreseeable 

future on a case-by-case basis, which is 

further described in the 2009 

Memorandum Opinion on the 

foreseeable future from the Department 

of the Interior, Office of the Solicitor 

(M–37021, January 16, 2009; ‘‘MOpinion,’’ available online at https://

www.doi.gov/sites/ 

doi.opengov.ibmcloud.com/files/ 

uploads/M-37021.pdf). The foreseeable 

future extends as far into the future as 

the Service and NMFS can make 

reasonably reliable predictions about 

the threats to the species and the 

species’ responses to those threats. We 

need not identify the foreseeable future 

in terms of a specific period of time. We 

will describe the foreseeable future on a 

case-by-case basis, using the best 

available data and taking into account 

considerations such as the species’ lifehistory characteristics, threat-projection 

timeframes, and environmental 

variability. In other words, the 

foreseeable future is the period of time 

over which we can make reasonably 

reliable predictions. ‘‘Reliable’’ does not 

mean ‘‘certain’’; it means sufficient to 

provide a reasonable degree of 

confidence in the prediction, in light of 

the conservation purposes of the Act. 

Analytical Framework 

The SSA report documents the results 

of our comprehensive biological review 

of the best scientific and commercial 

data regarding the status of the species, 

including an assessment of the potential 

threats to the species. The SSA report 

does not represent our decision on 

whether the species should be listed as 

an endangered or threatened species 

under the Act. However, it does provide 

the scientific basis that informs our 

regulatory decisions, which involve the 

further application of standards within 

the Act and its implementing 

regulations and policies. 

To assess the Fluminense, Harris’ 

mimic, and Hahnel’s Amazonian 

swallowtails’ viability, we used the 

three conservation biology principles of 

resiliency, redundancy, and 

representation (Shaffer and Stein 2000, 

pp. 306–310). Briefly, resiliency is the 

ability of the species to withstand 

environmental and demographic 

stochasticity (for example, wet or dry, 

warm or cold years); redundancy is the 

ability of the species to withstand 

catastrophic events (for example, 

droughts, large pollution events), and 

representation is the ability of the 

species to adapt to both near-term and 

long-term changes in its physical and 

biological environment (for example, 

climate conditions, pathogens). In 

general, species viability will increase 

with increases in (or decrease with 

decreases in) resiliency, redundancy, 

and representation (Smith et al. 2018, p. 

306). Using these principles, we 

identified the species’ ecological 

requirements for survival and 

reproduction at the individual, 

population, and species levels, and 

described the beneficial and risk factors 

influencing the species’ viability. 

The SSA process can be categorized 

into three sequential stages. During the 

first stage, we evaluated the individual 

species’ life-history needs. The next 

stage involved an assessment of the 

historical and current condition of the 

species’ demographics and habitat 

characteristics, including an 

explanation of how the species arrived 

at its current condition. The final stage 

of the SSA involved making predictions 

about the species’ responses to positive 

and negative environmental and 

anthropogenic influences. Throughout 

all of these stages, we used the best 

available data to characterize viability as 

the ability of a species to sustain 

populations in the wild over time. We 

use this information to inform our 

regulatory decision. 

The following is a summary of the key 

results and conclusions from the SSA 

report; the full SSA report can be found 

at Docket FWS–HQ–ES–2023–0067 on 

https://www.regulations.gov. 

Summary of Biological Status and 

Threats 

In this discussion, we review the 

biological condition of each of these 

three species and their resources, and 

the threats that influence the species’ 

current and future conditions, in order 

to assess the species’ overall viability 

and the risks to that viability. 

Species Needs 

Based on each species’ biology 

described above (see discussion under 

Background) and in the SSA report 

(Service 2023, pp. 1–11), the three 

Brazilian swallowtails all need 

sufficient quantity, quality, and 

connectivity of their respective 

specialized habitats; host plants for 

larval development and food sources; an 

abundance of flowering plants for nectar 

sources for the adult butterflies; and like 

most species, sufficient conspecific 

individuals to find a mate. Owing to the 

limited data available, our assessment of 

species-level needs is developed further 

based on general principles as they 

apply to butterfly biology. 

Butterfly viability is fostered—and 

thereby extinction risk reduced—by 

having multiple, connected 

demographically and genetically robust 

populations distributed widely across 

heterogeneous environmental 

conditions (referred to as spatial 

heterogeneity) and the breadth of 

diversity (genetic, morphological, 

physiological, and ecological variation). 

Spatial heterogeneity fosters 

asynchronous fluctuations among 

populations, guarding against 

concurrent population declines. 

Maintaining historical patterns and 

levels of gene flow maintains genetic 

health (increases heterozygosity), while 

continued connectivity allows for 

demographic rescue following 

population decline or extirpation and 

supports dispersal in response to 

shifting conditions. Gene flow and 

spatial heterogeneity also support 

continuing adaptive responses, as does 

conserving genetic diversity across the 

landscape. Conversely, butterfly species 

composed of reduced or isolated 

populations are vulnerable to genetic 

drift and have reduced adaptive 

capacity, or the ability to respond to 

(i.e., cope with, accommodate, or evolve 

in response to) environmental change 

(Forester et al. 2022, p. 507). Habitat 

loss, degradation, and fragmentation are 

the main factors that affect all three 

species’ viability throughout their 

ranges, with additional impacts from 

climate change, fire, and capture. The 

Fluminense swallowtail’s viability is 

further impacted by parasitism. 

Habitat Loss and Degradation 

Habitat loss and degradation is the 

primary factor negatively impacting the 

three Brazilian swallowtails, with all 

species experiencing high levels of 

deforestation in their ranges (Collins 

and Morris 1985, pp. 22, 67, 152, 209, 

242; Tyler et al. 1994, p. 179; Brown, Jr. 

1996, pp. 45–46, 52, 57; Seraphim et al. 

2016, p. 534). The Fluminense and 

Harris’ mimic swallowtails both occupy 

the Atlantic Forest, which has 

experienced an estimated 88 to 95 

percent deforestation, and the remaining 

tracts of its habitat are severely 

fragmented (Saatchi et al. 2001, p. 868; 

Monteiro et al. 2004, p. 786; Tabarelli et 

al. 2005, p. 695; Ribeiro et al. 2009, pp. 

1141–1145). Within the Atlantic Forest, 

the highly specialized restinga habitat 

required by the Fluminense and Harris’ 

mimic swallowtails comprises only 0.4 

percent of its historical distribution, and 

the remaining patches of restinga habitat 

are under strong pressure from 

anthropogenic disturbance (Otero and 

Brown 1984, pp. 3–6, 10–12; Brown, Jr. 

2004, pers. comm.; Rocha et al. 2007, 

entire; Uehara-Prado and Fonseca 2007, 

pp. 264–266). The States of Para ́ and 

Amazonas, where the Hahnel’s 

Amazonian swallowtail occurs, have 


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also experienced and are continuing to 

experience high rates of deforestation, 

losing 66 percent and 11 percent of 

forests, respectively, over less than three 

decades (Soares-Filho et al. 2006, p. 

250; The Economist 2013, unpaginated; 

Fraser 2015, unpaginated; Instituto 

Nacional de Pesquisas Espaciais (INPE) 

2017, unpaginated). Deforestation in 

areas of Para ́ has continued and 

accelerated in more recent years, with 

indication of a threefold increase in 

yearly rates of deforestation in the 

period 2018–2021 compared to 2011– 

2018 (Kuschnig et al. 2023, pp. 4–5). 

Considering the life history and biology 

of all three swallowtails, increased and 

ongoing habitat loss and deforestation 

has and is continuing to decrease their 

viability throughout their ranges due to 

their specialized habitat requirements 

and patchy distributions. 

Climate Change 

Across Brazil, climate change is 

expected to increase temperatures and 

alter precipitation patterns as well as 

increase heatwaves and the length of the 

dry season in the Amazon (The World 

Bank Group 2021, unpaginated). Studies 

of butterflies in other fragmented 

tropical landscapes indicate an adverse 

effect on species richness as a result of 

altered precipitation patterns (Shuey 

2022, pers. comm.). As progressing 

global climate change increases storm 

surge and causes sea level to rise 

(Intergovernmental Panel on Climate 

Change (IPCC) 2022, pp. 6–13), the 

extent of the Fluminense and Harris’ 

mimic swallowtails’ habitats is 

projected to be further reduced. Given 

the narrow distribution and habitat 

fragmentation of all three of these 

Brazilian swallowtails, coupled with 

reliance on specialized habitat, they are 

likely to be increasingly susceptible to 

negative impacts from climatic changes 

with limited adaptive capacity (Bellaver 

et al. 2022, p. 654). 

Fire 

Fire is another factor impacting all 

three swallowtails’ viability. The Poco 

das Antas Biological Reserve, a large 

reserve where both the Fluminense and 

Harris’ mimic swallowtails occur, has 

experienced frequent fire since the 

1980s following drainage and damming 

projects in the region (Herkenhoff et al. 

2013, p. 29; Sansevero et al. 2020, p. 

32). Regarding the Hahnel’s Amazonian 

swallowtail, fire in the Amazon has 

increased in recent years and is 

correlated with increased deforestation 

(Silveira et al. 2020, entire; 2022, 

entire). Fire has and will likely continue 

to cause habitat fragmentation and 

reduce the availability of specialized 

habitat for the three swallowtails. 

Capture 

Rare and aesthetic butterflies and 

moths are highly prized by collectors, 

and all three swallowtails have been 

collected and sold internationally 

(Collins and Morris 1985, pp. 155–179; 

Morris et al. 1991, pp. 332–334; Wang 

et al. 2023, entire; Williams 1996, 

entire). Despite some protections under 

Brazilian and European laws, 

monitoring the trade of insects is 

difficult and these existing regulations 

have minimal impact on regulating 

trade or collection (H. Grice et al. 2019a, 

p. 4; 2019b, p. 4; 2019c, p. 4). Both the 

Fluminense and Harris’ mimic 

swallowtail occur near urban areas, 

increasing opportunity and ease of 

capture (Brown, Jr. 2004, pers. comm.). 

Additionally, species such as these 

three swallowtails with restricted 

distributions or localized populations 

tend to be more vulnerable to 

overcollection than those with a wider 

distribution (Brown, Jr. 2004, pers. 

comm.). 

Parasitism 

Parasitism has been identified as 

another stressor of the Fluminense 

swallowtail, with several parasites 

known to target the species and some 

colonies experiencing annual patterns of 

parasitism (Tavares et al. 2006, entire; 

Almeida 2015b, p. 388; 2017, pers. 

comm.). While impacts of parasitism on 

the species are unknown, parasitism 

and subsequent mortality of early life 

stages could potentially contribute to 

local extirpations of the remaining 

small, fragmented subpopulations. 

Conservation Efforts and Regulatory 

Mechanisms 

Our evaluation of the status of the 

species takes into account the extent to 

which threats are reduced or removed as 

a result of conservation efforts or 

existing regulatory mechanisms. 

All three swallowtails are afforded 

some protections under Brazilian and 

international laws, including Brazilian 

environmental laws for endangered 

species (Fluminense and Harris’ mimic 

swallowtails), protections in the State of 

Para ́ through its list of threatened 

species (Hahnel’s Amazonian 

swallowtail), and inclusion in Annex B 

of the European Union (EU) Wildlife 

Trade Regulations (Fluminense and 

Hahnel’s Amazonian swallowtails) 

(Snt’Anna et al. 2016, unpaginated; 

European Commission 2017, p. 802; 

Biodiversidade 2022, unpaginated). 

However, due to the difficulty in 

monitoring the insect trade, these 

existing regulations have minimal 

impact, and none of the three 

swallowtails is listed in the Appendices 

to the Convention on International 

Trade in Endangered Species of Wild 

Fauna and Flora (CITES) (H. Grice et al. 

2019a, p. 4; 2019b, p. 4; 2019c, p. 4). 

Habitat protection is generally lacking 

for all three swallowtails, although there 

is some overlap of protected areas in the 

Fluminense and Harris’ mimic 

swallowtails’ ranges. While most extant 

subpopulations of the Fluminense 

swallowtail exist outside protected 

areas, it is afforded some protection 

where it occurs in small municipal 

parks and conservation units as well as 

in one protected reserve, Poc ̧o das Antas 

Biological Reserve (Seraphim et al. 

2016, p. 536; Almeida 2017, pers. 

comm.). The Harris’ mimic swallowtail 

also is afforded some protections from 

conservation units and the Poc ̧o das 

Antas Biological Reserve, in addition to 

occupying Jurubatiba National Park, 

which holds the largest remaining 

remnant of restinga habitat (Critical 

Ecosystem Partnership Fund (CEPF) 

2001, p. 9; Rocha et al. 2007, pp. 263– 

269). While some habitat protections are 

in place in known occurrence locations 

for the Fluminense and Harris’ mimic 

swallowtail, they occupy a highly 

urbanized matrix undergoing continuing 

development pressures (International 

Finance Corporation (IFC) 2002, entire; 

Khalip 2007, unpaginated). It is 

unknown if the Hahnel’s Amazonian 

swallowtail currently occurs in any 

protected areas, but limited resources 

for conservation application minimize 

effectiveness of protected areas in the 

Amazon (Collins and Morris 1985, p. 

234; Laurance and Williamson 2001, p. 

1533; H. Grice et al. 2019c, p. 4). 

Captive-reared Fluminense 

swallowtails were released over several 

years throughout the city of Rio de 

Janeiro in an attempt to increase 

subpopulation sizes and genetic 

diversity, but limited post-release 

monitoring took place to determine the 

success of this effort (Instituto Chico 

Mendes De Conservac ̧a ̃o Da 

Biodiversidade (ICMBio) 2007, pp. 82– 

89; Almeida 2017, pers. comm.; 

Monteiro 2017, pers. comm.). Captiverearing may be reinitiated in the future, 

but it is unclear when or how effective 

it might be at conserving the species 

(Almeida 2017, pers. comm.). No 

captive-rearing efforts for the Harris’ 

mimic swallowtail or the Hahnel’s 

Amazonian swallowtail are known. 

Current Condition: Fluminense 

Swallowtail 

The best available scientific and 

commercial data indicate the 


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Fluminense swallowtail is a narrow 

endemic with low genetic diversity 

composed of a single metapopulation 

that occupies an estimated 36 to 288 

km2 (Tyler et al. 1994, p. 179; Seraphim 

et al. 2016, p. 534; Almeida 2017, pers. 

comm.). The remnant subpopulations 

occur in a highly urbanized landscape 

undergoing increased isolation from 

habitat loss, degradation, and 

fragmentation, with the majority 

occurring in small habitat patches under 

high risk of local extinction (Almeida 

2015a, unpaginated; Almeida 2017, 

pers. comm.; Seraphim et al. 2016, p. 

534; Monteiro 2017, pers. comm.). 

While some of the subpopulations occur 

in protected areas, most are afforded 

limited or no protections (Soares et al. 

2011, entire; Seraphim et al. 2016, pp. 

536, 544). 

The Fluminense swallowtail’s small 

and isolated colonies are at increased 

risk of extirpation due to stochasticity 

and catastrophic events, and although 

we cannot quantify the level of risk, 

their vulnerability increases the longer 

they remain in this impaired condition. 

The requisite restinga habitat of the 

Fluminense swallowtail, once the 

dominant habitat type along the eastern 

coast of Brazil, was reduced to less than 

1 percent of its former range by 2007. 

Past deforestation resulted in 

extirpation of multiple colonies and 

fragmentation and isolation of 

remaining sites. Considering the severe 

reduction in the specialized requisite 

habitat for the Fluminense swallowtail 

and its reliance on a single larval host 

plant, the species has limited resiliency 

and ability to withstand environmental 

and demographic stochasticity. With 

only a single metapopulation and a 

reduced number of subpopulations 

inhabiting a highly urbanized and 

fragmented landscape, the Fluminense 

swallowtail has minimal redundancy to 

safeguard against catastrophic events. 

Lastly, while the species is already 

known to have low genetic diversity and 

an inherently limited ability to adapt 

(owing to its specialized habitat 

requirements, a single larval host plant, 

and a narrow climatic niche breadth), as 

subpopulations are increasingly isolated 

from habitat loss and fragmentation the 

species’ representation and ability to 

adapt to changing and shifting 

environmental conditions is further 

constrained. 

Current Condition: Harris’ Mimic 

Swallowtail 

The Harris’ mimic swallowtail is a 

narrow endemic that occupies an 

estimated 96 km2 across approximately 

six sites in the State of Rio de Janeiro 

and possibly one site in the State of 

Espı ́rito Santo (Collins and Morris 1985, 

p. 208; Tyler et al. 1994, p. 179; Brown, 

Jr. 2004, pers. comm.; Monteiro et al. 

2004, p. 153; Almeida 2015a, 

unpaginated; H. Grice et al. 2019a, p. 2; 

Brant 2023, pers. comm.; Rosa et al. 

2023, p. 8). Current population 

estimates do not exist for any of these 

sites, and whether Harris’ mimic 

swallowtail still occurs in these 

locations is uncertain. Two colonies in 

the City of Rio de Janeiro occur in small 

patches of vegetation possibly under 

high risk of local extirpation, and recent 

observations are scarce of the colony in 

Barra de Sa ̃o Joa ̃o, which was previously 

characterized as vigorous and stable 

(Tyler et al. 1994, p. 179; Brown, Jr. 

2004, pers. comm.; Almeida 2015a, 

unpaginated; H. Grice et al. 2019a, p. 2). 

By the early 2000s, the restinga 

habitat was reduced to only 0.4 percent 

of its historical distribution with 

restinga remnants already generally 

small and surrounded by areas 

undergoing rapid urbanization or 

already urbanized (Ribeiro et al. 2009, 

as cited in Seraphim et al. 2016, p. 534; 

Rocha et al. 2007, pp. 263, 265). This 

severely reduced habitat has continued 

to decline. Over the last 20 years, the 

forest in the Harris’ mimic swallowtail’s 

remaining range has experienced an 

estimated 2.14 percent loss, and at times 

protected areas experienced higher rates 

of deforestation than outside protected 

areas (Service 2023, p. 21). 

In the absence of historical or current 

population data, the large quantities of 

habitat loss seen in the range of the 

Harris’ mimic swallowtail suggest the 

population has likely experienced 

comparable declines in size. The 

subspecies has been extirpated from 

portions of its historical range, and in its 

once strongest colony it now appears to 

be scarce. While the Harris’ mimic 

swallowtail occupies two protected 

areas of intact restinga habitat, has some 

diversity in habitat types used, and has 

larva that feed on multiple host plants, 

its extent of occurrence is severely 

reduced and is within a highly 

urbanized landscape, limiting the 

subspecies’ resiliency and ability to 

withstand environmental and 

demographic stochasticity. The 

subspecies’ reliance on a severely 

reduced specialized habitat in a highly 

urbanized and fragmented landscape 

with only a few known colonies 

indicates the Harris’ mimic swallowtail 

has limited redundancy to safeguard 

against catastrophic events. Finally, the 

highly urbanized and fragmented 

landscape that the Harris’ mimic 

swallowtail inhabits likely limits 

migration and gene flow between 

colonies, which, coupled with the 

subspecies’ reliance on specialized 

habitat, hinders the Harris’ mimic 

swallowtail’s representation and leaves 

it vulnerable to changing and shifting 

environmental conditions. 

Current Condition: Hahnel’s Amazonian 

Swallowtail 

The Hahnel’s Amazonian swallowtail 

has an estimated extent of occurrence of 

189,015 km2, has an unknown area of 

occupancy, and is known from a linear 

and patchy distribution along the 

tributaries of the middle and lower 

Amazon River basin (Collins and Morris 

1985, p. 242; New and Collins 1991, p. 

29; Tyler et al. 1994, p. 178; Racheli et 

al. 2006, p. 77; H. Grice et al. 2019c, p. 

2). The species is known to be scarce; 

however, even when rarity is natural, 

rarer species are at higher risk of 

extinction than those that are common 

(Flather and Sieg 2007, entire; Johnson 

1998, entire). 

Regions where the Hahnel’s 

Amazonian swallowtail was previously 

known to occur have experienced 

continued and increasing rates of 

deforestation (H. Grice et al. 2019a, p. 

4). In the period 2000–2020, the range 

of the Hahnel’s Amazonian swallowtail 

experienced 5.65 percent forest cover 

loss, and similar trends in forest loss 

occurred between protected areas and 

non-protected areas (Service 2023, p. 

24). About 85 percent of forest cover 

remains in the species’ known extent of 

occurrence; however, the species is 

inherently rare, restricted to a highly 

specialized habitat, and likely has only 

a single larval host plant, which limits 

the species’ resiliency and ability to 

withstand environmental and 

demographic stochasticity. While the 

large extent of occurrence provides 

some level of redundancy to safeguard 

against catastrophic events, the species 

has been found in only a few locations, 

suggesting that localized extirpations 

from habitat loss or other factors would 

likely be detrimental to the species. 

Finally, considering the species’ scarcity 

and patchy linear distribution, gene 

flow between populations is unlikely, 

limiting the species’ representation and 

making it vulnerable to changing and 

shifting environmental conditions. 

Future Scenarios and Cumulative 

Effects 

As part of the SSA report, we 

developed future-condition scenarios to 

capture the range of uncertainties 

regarding future threats and the 

projected responses by the Fluminense, 

Harris’ mimic, and Hahnel’s Amazonian 

swallowtails. Our future scenarios 

reflect the conclusion from our analysis 

that the primary factor influencing the 


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future viability of all three of these 

swallowtails is habitat loss and 

degradation resulting from (1) 

deforestation from land-use change and 

urbanization and (2) climate-change 

impacts on the species’ climatic niche 

breadths and habitat availability. The 

best available data indicates that all 

three swallowtails’ populations and 

distributions will decline in the future. 

However, because we have determined 

that the Fluminense, Harris’ mimic, and 

Hahnel’s Amazonian swallowtails meet 

the Act’s definition of endangered 

species based on their current 

conditions (see Determination of Status 

for the Fluminense Swallowtail, Harris’ 

Mimic Swallowtail, and Hahnel’s 

Amazonian Swallowtail, below), we are 

not presenting the results of the future 

scenarios in this rule. Please refer to the 

SSA report (Service 2023, entire) for the 

full analysis of future scenarios. 

We note that, by using the SSA 

framework to guide our analysis of the 

scientific information documented in 

the SSA report, we have analyzed the 

cumulative effects of identified threats 

and conservation actions on these 

species. To assess the current and future 

condition of the species, we evaluate the 

effects of all the relevant factors that 

may be influencing the species, 

including threats and conservation 

efforts. Because the SSA framework 

considers not just the presence of the 

factors, but to what degree they 

collectively influence risk to the entire 

species, our assessment integrates the 

cumulative effects of the factors and 

replaces a standalone cumulative effects 

analysis. 

Determination of Status for the 

Fluminense Swallowtail, Harris’ Mimic 

Swallowtail, and Hahnel’s Amazonian 

Swallowtail 

Section 4 of the Act (16 U.S.C. 1533) 

and its implementing regulations (50 

CFR part 424) set forth the procedures 

for determining whether a species meets 

the definition of an endangered species 

or a threatened species. The Act defines 

an ‘‘endangered species’’ as a species in 

danger of extinction throughout all or a 

significant portion of its range, and a 

‘‘threatened species’’ as a species likely 

to become an endangered species within 

the foreseeable future throughout all or 

a significant portion of its range. The 

Act requires that we determine whether 

a species meets the definition of 

endangered species or threatened 

species because of any of the following 

factors: (A) The present or threatened 

destruction, modification, or 

curtailment of its habitat or range; (B) 

overutilization for commercial, 

recreational, scientific, or educational 

purposes; (C) disease or predation; (D) 

the inadequacy of existing regulatory 

mechanisms; or (E) other natural or 

manmade factors affecting its continued 

existence. 

Status Throughout All of Its Range— 

Fluminense Swallowtail 

After evaluating threats to the species 

and assessing the cumulative effect of 

the threats under the Act’s section 

4(a)(1) factors, we determined that the 

Fluminense swallowtail’s distribution 

and population have been reduced 

across its range as evidenced by the 

extensive loss and degradation of its 

requisite specialized habitat. The 

remnant subpopulations occur in a 

highly urbanized landscape undergoing 

increased isolation from habitat loss, 

degradation, and fragmentation and 

consequently are at increased risk of 

extirpation due to stochasticity and 

catastrophic events. Coupled with the 

species’ specialized habitat 

requirements, the isolation and 

fragmentation of the remaining 

subpopulations, which make up a single 

metapopulation, have left the species 

with insufficient resiliency, 

redundancy, and representation for its 

continued existence to be secure. 

Thus, after assessing the best 

scientific and commercial data available 

regarding threats to the species and 

assessing the cumulative effect of the 

threats under the Act’s section 4(a)(1) 

factors, we determine that the 

Fluminense swallowtail is in danger of 

extinction throughout all of its range 

primarily due to historical and ongoing 

habitat loss and degradation from 

development and urbanization (Factor 

A) and the additive threat from capture 

(Factor B). The existing regulatory 

mechanisms and other conservation 

measures are inadequate to address the 

identified threats to the species (Factor 

D). The species does not fit the statutory 

definition of a threatened species 

because it is currently in danger of 

extinction, whereas threatened species 

are those likely to become in danger of 

extinction within the foreseeable future. 

Status Throughout All of Its Range— 

Harris’ Mimic Swallowtail 

After evaluating threats to the species 

and assessing the cumulative effect of 

the threats under the Act’s section 

4(a)(1) factors, we determined the 

Harris’ mimic swallowtail’s distribution 

and population have been reduced 

across its range as evidenced by the 

extensive loss and degradation of its 

requisite specialized habitat. The 

remnant colonies occur in a highly 

urbanized landscape undergoing 

increased isolation from habitat loss, 

degradation, and fragmentation and 

consequently are at increased risk of 

extirpation due to stochasticity and 

catastrophic events. Coupled with the 

species’ specialized habitat 

requirements, the isolation and 

fragmentation of the remaining colonies 

have left the subspecies with 

insufficient resiliency, redundancy, and 

representation for its continued 

existence to be secure. 

Thus, after assessing the best 

scientific and commercial data available 

regarding threats to the species and 

assessing the cumulative effect of the 

threats under the Act’s section 4(a)(1) 

factors, we determine that the Harris’ 

mimic swallowtail is in danger of 

extinction throughout all of its range 

due to historical and ongoing habitat 

loss and degradation from 

anthropogenic activities (Factor A) and 

the additive threat from capture (Factor 

B). The existing regulatory mechanisms 

and other conservation measures are 

inadequate to address the identified 

threats to the species (Factor D). The 

species does not fit the statutory 

definition of a threatened species 

because it is currently in danger of 

extinction, whereas threatened species 

are those likely to become in danger of 

extinction within the foreseeable future. 

Status Throughout All of Its Range— 

Hahnel’s Amazonian Swallowtail 

After evaluating threats to the species 

and assessing the cumulative effect of 

the threats under the Act’s section 

4(a)(1) factors, we determined that the 

viability of the Hahnel’s Amazonian 

swallowtail is limited as a result of 

extensive habitat loss and degradation 

coupled with the species’ rarity and 

patchy distribution. The species is 

inherently rare, is restricted to a highly 

specialized habitat, and likely has only 

a single larval host plant, which, when 

coupled with habitat loss and 

degradation, makes the species 

vulnerable to changing and shifting 

environmental conditions and 

catastrophic events and has left it with 

insufficient resiliency, redundancy, and 

representation for the species’ 

continued existence to be secure. 

Thus, after assessing the best 

scientific and commercial data available 

regarding threats to the species and 

assessing the cumulative effect of the 

threats under the Act’s section 4(a)(1) 

factors, we determine that the Hahnel’s 

Amazonian swallowtail is in danger of 

extinction throughout all of its range 

primarily due to ongoing and increasing 

habitat loss and degradation from 

deforestation and fire (Factor A) and the 

additive threat from capture (Factor B). 

The existing regulatory mechanisms and 


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other conservation measures are 

inadequate to address the identified 

threats to the species (Factor D). The 

species does not fit the statutory 

definition of a threatened species 

because it is currently in danger of 

extinction, whereas threatened species 

are those likely to become in danger of 

extinction within the foreseeable future. 

Status Throughout a Significant Portion 

of Their Ranges 

Under the Act and our implementing 

regulations, a species may warrant 

listing if it is in danger of extinction or 

likely to become so in the foreseeable 

future throughout all or a significant 

portion of its range. We have 

determined that the Fluminense 

swallowtail, Harris’ mimic swallowtail, 

and Hahnel’s Amazonian swallowtail 

are in danger of extinction throughout 

all of their ranges and accordingly did 

not undertake an analysis of any 

significant portion of their ranges. 

Because the Fluminense swallowtail, 

Harris’ mimic swallowtail, and Hahnel’s 

Amazonian swallowtail warrant listing 

as endangered throughout all of their 

ranges, our determination does not 

conflict with the decision in Center for 

Biological Diversity v. Everson, 435 F. 

Supp. 3d 69 (D.D.C. 2020), which 

vacated the provision of the Final Policy 

on Interpretation of the Phrase 

‘‘Significant Portion of Its Range’’ in the 

Endangered Species Act’s Definitions of 

‘‘Endangered Species’’ and ‘‘Threatened 

Species’’ (Final Policy) (79 FR 37578; 

July 1, 2014) providing that if the 

Service determines that a species is 

threatened throughout all of its range, 

the Service will not analyze whether the 

species is endangered in a significant 

portion of its range. 

Fluminense Swallowtail, Harris’ Mimic 

Swallowtail, and Hahnel’s Amazonian 

Swallowtail—Determination of Status 

Our review of the best available 

scientific and commercial data indicates 

that the Fluminense swallowtail, Harris’ 

mimic swallowtail, and Hahnel’s 

Amazonian swallowtail meet the 

definition of an endangered species. 

Therefore, we are listing the Fluminense 

swallowtail, Harris’ mimic swallowtail, 

and Hahnel’s Amazonian swallowtail as 

endangered species in accordance with 

sections 3(6) and 4(a)(1) of the Act. 

Available Conservation Measures 

The purposes of the Act are to provide 

a means whereby the ecosystems upon 

which endangered species and 

threatened species depend may be 

conserved, to provide a program for the 

conservation of such endangered 

species and threatened species, and to 

take such steps as may be appropriate to 

achieve the purposes of the treaties and 

conventions set forth in the Act. Under 

the Act, a number of steps are available 

to advance the conservation of species 

listed as endangered or threatened 

species. As explained further below, 

these conservation measures include: (1) 

recognition, (2) recovery actions, (3) 

requirements for Federal protection, (4) 

financial assistance for conservation 

programs, and (5) prohibitions against 

certain activities. 

Recognition through listing results in 

public awareness, as well as in 

conservation by Federal, State, Tribal, 

and local agencies, foreign governments, 

private organizations, and individuals. 

The Act encourages cooperation with 

the States and other countries and calls 

for recovery actions to be carried out for 

listed species. 

Section 7 of the Act is titled, 

‘‘Interagency Cooperation,’’ and it 

mandates all Federal action agencies to 

use their existing authorities to further 

the conservation purposes of the Act 

and to ensure that their actions are not 

likely to jeopardize the continued 

existence of listed species or adversely 

modify critical habitat. Regulations 

implementing section 7 are codified at 

50 CFR part 402. 

Section 7(a)(2) states that each Federal 

action agency shall, in consultation with 

the Secretary, ensure that any action 

they authorize, fund, or carry out is not 

likely to jeopardize the continued 

existence of a listed species or result in 

the destruction or adverse modification 

of designated critical habitat. 

A Federal ‘‘action’’ that is subject to 

the consultation provisions of section 

7(a)(2) is defined in our implementing 

regulations at 50 CFR 402.02 as all 

activities or programs of any kind 

authorized, funded, or carried out, in 

whole or in part, by Federal agencies in 

the United States or upon the high seas. 

With respect to the Fluminense 

swallowtail, Harris’ mimic swallowtail, 

and Hahnel’s Amazonian swallowtail, 

no known actions would require 

consultation under section 7(a)(2) of the 

Act. Given the regulatory definition of 

‘‘action,’’ which clarifies that it applies 

to activities or programs ‘‘in the United 

States or upon the high seas,’’ the 

Fluminense swallowtail, Harris’ mimic 

swallowtail, and Hahnel’s Amazonian 

swallowtail are unlikely to be the 

subject of section 7 consultations, 

because the entire life cycles of these 

species occur in terrestrial areas outside 

of the United States and are unlikely to 

be affected by U.S. Federal actions. 

Additionally, no critical habitat will be 

designated for these species because, 

under 50 CFR 424.12(g), we will not 

designate critical habitat within foreign 

countries or in other areas outside of the 

jurisdiction of the United States. 

Section 8(a) of the Act (16 U.S.C. 

1537(a)) authorizes the provision of 

limited financial assistance for the 

development and management of 

programs that the Secretary of the 

Interior determines to be necessary or 

useful for the conservation of 

endangered or threatened species in 

foreign countries. Sections 8(b) and 8(c) 

of the Act (16 U.S.C. 1537(b) and (c)) 

authorize the Secretary to encourage 

conservation programs for foreign listed 

species, and to provide assistance for 

such programs, in the form of personnel 

and the training of personnel. 

The Act and its implementing 

regulations set forth a series of general 

prohibitions and exceptions that apply 

to endangered wildlife. The prohibitions 

of section 9(a)(1) of the Act, and 

implementing regulations codified at 50 

CFR 17.21, make it illegal for any person 

subject to the jurisdiction of the United 

States to commit, to attempt to commit, 

to solicit another to commit or to cause 

to be committed any of the following 

acts with regard to any endangered 

wildlife: (1) import into, or export from, 

the United States; (2) take (which 

includes harass, harm, pursue, hunt, 

shoot, wound, kill, trap, capture, or 

collect, or to attempt to engage in any 

such conduct) within the United States, 

within the territorial sea of the United 

States, or on the high seas; (3) possess, 

sell, deliver, carry, transport, or ship, by 

any means whatsoever, any such 

wildlife that has been taken illegally; (4) 

deliver, receive, carry, transport, or ship 

in interstate or foreign commerce, by 

any means whatsoever and in the course 

of commercial activity; or (5) sell or 

offer for sale in interstate or foreign 

commerce. Certain exceptions to these 

prohibitions apply to employees or 

agents of the Service, NMFS, other 

Federal land management agencies, and 

State conservation agencies. 

We may issue permits to carry out 

otherwise prohibited activities 

involving endangered wildlife species 

under certain circumstances. 

Regulations governing permits for 

endangered wildlife are codified at 50 

CFR 17.22, and general Service 

permitting regulations are codified at 50 

CFR part 13. With regard to endangered 

wildlife, a permit may be issued for 

scientific purposes, for enhancing the 

propagation or survival of the species, 

or for take incidental to otherwise 

lawful activities. The statute also 

contains certain exemptions from the 

prohibitions, which are found in 

sections 9 and 10 of the Act. 


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Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Rules and Regulations 99137 

The Service may also register persons 

subject to the jurisdiction of the United 

States through its captive-bred wildlife 

(CBW) program if certain established 

requirements are met under the CBW 

regulations (see 50 CFR 17.21(g)). 

Through a CBW registration, the Service 

may allow a registrant to conduct 

certain otherwise prohibited activities 

under certain circumstances to enhance 

the propagation or survival of the 

affected species, including take; export 

or re-import; delivery, receipt, carriage, 

transport, or shipment in interstate or 

foreign commerce in the course of a 

commercial activity; or sale or offer for 

sale in interstate or foreign commerce. A 

CBW registration may authorize 

interstate purchase and sale only 

between entities that both hold a 

registration for the taxon concerned. 

The CBW program is available for 

species having a natural geographic 

distribution not including any part of 

the United States and other species that 

the Service Director has determined to 

be eligible by regulation. The individual 

specimens must have been born in 

captivity in the United States. 

It is our policy, as published in the 

Federal Register on July 1, 1994 (59 FR 

34272), to identify, to the extent known 

at the time a species is listed, specific 

activities that would or would not 

constitute a violation of section 9 of the 

Act. The intent of this policy is to 

increase public awareness of the effects 

of a listing on proposed and ongoing 

activities within the range of the 

species. 

At this time, we are unable to identify 

specific activities that would not be 

considered likely to result in a violation 

of section 9 of the Act beyond what is 

already clear from the descriptions of 

prohibitions or already excepted 

through our regulations at 50 CFR 17.21. 

Also, at this time, we are unable to 

identify specific activities that would be 

considered likely to result in a violation 

of section 9 of the Act beyond what is 

already clear from the descriptions of 

the prohibitions at 50 CFR 17.21. 

Applicable wildlife import/export 

requirements established under the Act 

(16 U.S.C. 1538(d)–(f)), the Lacey Act 

Amendments of 1981 (16 U.S.C. 3371 et 

seq.), and 50 CFR part 14 must also be 

met for imports and exports of the 

Fluminense swallowtail, Harris’ mimic 

swallowtail, and Hahnel’s Amazonian 

swallowtail. Questions regarding 

whether specific activities would 

constitute a violation of section 9 of the 

Act should be directed to the Service’s 

Division of Management Authority 

(managementauthority@fws.gov; 703– 

358–2104). 

Required Determinations 

National Environmental Policy Act (42 

U.S.C. 4321 et seq.) 

We have determined that 

environmental assessments and 

environmental impact statements, as 

defined under the authority of the 

National Environmental Policy Act (42 

U.S.C. 4321 et seq.), need not be 

prepared in connection with listing a 

species as an endangered or threatened 

species under the Endangered Species 

Act. We published a notice outlining 

our reasons for this determination in the 

Federal Register on October 25, 1983 

(48 FR 49244). 

References Cited 

A complete list of references cited in 

this rulemaking is available on the 

internet at https://www.regulations.gov 

in Docket No. FWS–HQ–ES–2023–0067 

and upon request from the Branch of 

Delisting and Foreign Species (see FOR

FURTHER INFORMATION CONTACT). 

Authors 

The primary authors of this rule are 

the staff members of the Fish and 

Wildlife Service’s Species Assessment 

Team and the Branch of Delisting and 

Foreign Species. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Plants, Reporting and 

recordkeeping requirements, 

Transportation, Wildlife. 

Regulation Promulgation 

Accordingly, we amend part 17, 

subchapter B of chapter I, title 50 of the 

Code of Federal Regulations, as set forth 

below: 

PART 17—ENDANGERED AND 

THREATENED WILDLIFE AND PLANTS 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 1531– 

1544; and 4201–4245, unless otherwise 

noted. 

■ 2. In § 17.11, in paragraph (h), amend 

the List of Endangered and Threatened 

Wildlife by adding entries for 

‘‘Butterfly, Fluminense swallowtail’’, 

‘‘Butterfly, Hahnel’s Amazonian 

swallowtail’’, and ‘‘Butterfly, Harris’ 

mimic swallowtail’’ in alphabetical 

order under INSECTS to read as follows: 

§ 17.11 Endangered and threatened 

wildlife. 

* * * * * 

(h) * * * 

Common name Scientific name Where listed Status Listing citations and applicable rules 

*******

INSECTS

* * * * * * * 

Butterfly, Fluminense swallowtail.Parides ascanius ............... Wherever found ................. E 89 FR [INSERT FEDERAL REGISTER 

PAGE WHERE THE DOCUMENT BEGINS], December 10, 2024. 

Butterfly, Hahnel’s Amazonian swallowtail.Parides hahneli ................. Wherever found ................. E 89 FR [INSERT FEDERAL REGISTER 

PAGE WHERE THE DOCUMENT BEGINS], December 10, 2024. 

Butterfly Harris’ mimic swallowtail.Eurytides (=Mimoides) 

lysithous harrisianus.

Wherever found ................. E 89 FR [INSERT FEDERAL REGISTER 

PAGE WHERE THE DOCUMENT BEGINS], December 10, 2024. 

*******


khammond on DSK9W7S144PROD with RULES
99138 Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Rules and Regulations 

Gary Frazer, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2024–28430 Filed 12–9–24; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 231215–0305; RTID 0648– 

XE515] 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

2024 Commercial Quota Harvested for 

the State of Connecticut 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces that the 

2024 summer flounder commercial 

quota allocated to the State of 

Connecticut has been harvested. Vessels 

issued a commercial Federal fisheries 

permit for the summer flounder fishery 

may not land summer flounder in 

Connecticut for the remainder of 

calendar year 2024, unless additional 

quota becomes available through a 

transfer from another state. Regulations 

governing the summer flounder fishery 

require publication of this notification 

to advise Connecticut that the quota has 

been harvested, and to advise vessel 

permit holders and dealer permit 

holders that no Federal commercial 

quota is available for landing summer 

flounder in Connecticut. 

DATES: Effective 0001 hours December 

10, 2024, through 2400 hours December 

31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Rigdon, (978) 281–9336, or 

matthew.rigdon@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found at 50 CFR 

648.100 through 648.111. The 

regulations require annual specification 

of a commercial quota that is 

apportioned on a percentage basis 

among the coastal states from Maine 

through North Carolina. The process to 

set the annual commercial quota and the 

percent allocated to each state is 

described in § 648.102. 

The commercial quota for summer 

flounder for 2024 was set equal to 

8,789,830 pounds (lb; 3,987,000 

kilograms (kg)) (88 FR 88266, December 

23, 2023). The amount allocated to 

vessels landing summer flounder in 

Connecticut is 198,394 lb (89,990 kg). 

The NMFS Regional Administrator for 

the Greater Atlantic Region monitors the 

state commercial landings and 

determines when a state’s commercial 

quota has been harvested. NMFS is 

required to publish notification in the 

Federal Register advising and notifying 

commercial vessels and dealer permit 

holders that, effective upon a specific 

date, the state’s commercial quota has 

been harvested and no commercial 

quota is available for landing summer 

flounder in that state. Based on dealer 

reports and other available information, 

the Regional Administrator has 

determined that the available quota has 

been harvested. The Marine Fisheries 

Program of the Connecticut Department 

of Energy and Environmental Protection 

determined that its 2024 commercial 

summer flounder quota has been 

harvested and closed the state fishery on 

December 1, 2024. This action promotes 

consistency between state and Federal 

management measures. 

The regulations at 50 CFR 648.14(n) 

prohibit federally permitted vessels 

from landing summer flounder for sale 

in a state, and prohibit all persons from 

purchasing or otherwise receiving 

summer flounder for a commercial 

purpose after the effective date 

published in the Federal Register 

notification that commercial quota is no 

longer available in that state. Therefore, 

effective 0001 hours on December 10, 

2024, landing of summer flounder in 

Connecticut by vessels holding Federal 

summer flounder commercial fishery 

permits is prohibited for the remainder 

of the 2024 calendar year, unless 

additional quota becomes available 

through a transfer and is announced in 

the Federal Register. Effective 0001 

hours on December 10, 2024, federally 

permitted dealers are also notified that 

they may not purchase summer flounder 

from federally permitted vessels that 

land in Connecticut for the remainder of 

the calendar year, or until additional 

quota becomes available through a 

transfer from another state. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA, finds good cause 

pursuant to 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment because it would be 

contrary to the public interest. This 

action closes the commercial summer 

flounder fishery for Connecticut until 

January 1, 2025, under current 

regulations. The regulations at 50 CFR 

648.103(b) require such action to ensure 

that summer flounder vessels do not 

exceed quotas allocated to the states. If 

implementation of this closure was 

delayed to solicit prior public comment, 

the quota for this fishing year will be 

exceeded, thereby undermining the 

conservation objectives of the Summer 

Flounder, Scup, and Black Sea Bass 

Fishery Management Plan. The 

Assistant Administrator further finds, 

pursuant to 5 U.S.C. 553(d)(3), good 

cause to waive the 30-day delayed 

effectiveness period for the reason 

stated above. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: December 4, 2024. 

Karen H. Abrams, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2024–28889 Filed 12–5–24; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 241203–0308] 

RTID 0648–XE226 

Fisheries of the Northeastern United 

States; 2025 Specifications for the 

Summer Flounder, Scup, Black Sea 

Bass, and Bluefish Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS announces 2025 

specifications for the summer flounder, 

scup, black sea bass, and bluefish 

fisheries. The implementing regulations 

for the Summer Flounder, Scup, and 

Black Sea Bass Fishery Management 

Plan (FMP) and the Bluefish Fishery 

Management Plan require us to publish 

specifications for the upcoming fishing 

year for each of these species. The 

specifications for these species are 

intended to establish allowable harvest 

levels that will prevent overfishing, 

consistent with the most recent 

scientific information, for the 2025 

fishing year. 

DATES: This rule is effective January 1, 

2025. 

ADDRESSES: A Supplemental 

Information Report (SIR) was prepared 

for the 2025 black sea bass 

specifications. An Environmental 

Assessment (EA) was prepared for the 


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