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[Federal Register Volume 89, Number 237 (Tuesday, December 10, 2024)]
[Rules and Regulations]
[Pages 99129-99138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28430]

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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.

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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-of-contact 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

[[Page 99130]]

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; B[aacute]nki et 
al. 2022, unpaginated). The Harris's mimic swallowtail, Eurytides 
(=Mimoides or Graphium) lysithous harrisianus (Swainson 1822), is a 
subspecies of E. (=M.) lysithous (D'Abrera 1981 and D'Almeida 1966 as 
cited in Collins and Morris 1985, p. 208; Zhang et al. 2019, p. 3).
    All three swallowtails are endemic to Brazil. The Fluminense 
swallowtail 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 similar-
looking medium-sized black-white-and-red 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 (km\2\) of sparse habitat fragments across the swampy 
coastal forests of the State of Rio de Janeiro and the southern part of 
the State of Esp[iacute]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 male-dominated; and population 
numbers increase in the austral spring, peaking in October, correlated 
with warmer temperatures and lower relative humidity (Herkenhoff et al. 
2013, p. 32; dos Santos Pereira et al. 2020, pp. 371-372). The 
Fluminense swallowtail currently occupies at least eight sites in the 
State of Rio de Janeiro where the species exhibits a metapopulation 
structure (a group of separate subpopulations that has some level of 
mixing) (Seraphim et al. 2016, pp. 534, 544). The species has also 
recently been seen in the southern part of the State of Esp[iacute]rito 
Santo, but records of this occurrence are not yet published (Brant 
2023, unpaginated). 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 
km\2\ in Rio de Janeiro city, Barra de S[atilde]o Jo[atilde]o, 
Po[ccedil]o das Antas Biological Reserve, Jurubatiba National Park, and 
possibly near Vit[oacute]ria City in the State of Esp[iacute]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

[[Page 99131]]

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 Par[aacute] (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

[[Page 99132]]

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; ``M-Opinion,'' 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' life-history 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 Par[aacute] and Amazonas, 
where the Hahnel's Amazonian swallowtail occurs, have

[[Page 99133]]

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 Par[aacute] 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 Par[aacute] through its list 
of threatened species (Hahnel's Amazonian swallowtail), and inclusion 
in Annex B of the European Union (EU) Wildlife Trade Regulations 
(Fluminense and Hahnel's Amazonian swallowtails) (Snt'Anna 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, Po[ccedil]o das 
Antas Biological Reserve (Seraphim et al. 2016, p. 536; Almeida 2017, 
pers. comm.). The Harris' mimic swallowtail also is afforded some 
protections from conservation units and the Po[ccedil]o das Antas 
Biological Reserve, in addition to occupying Jurubatiba National Park, 
which holds the largest remaining remnant of restinga habitat (Critical 
Ecosystem Partnership Fund (CEPF) 2001, p. 9; Rocha et al. 2007, pp. 
263-269). While some habitat protections are in place in known 
occurrence locations for the Fluminense and Harris' mimic swallowtail, 
they occupy a highly urbanized matrix undergoing continuing development 
pressures (International Finance Corporation (IFC) 2002, entire; Khalip 
2007, unpaginated). It is unknown if the Hahnel's Amazonian swallowtail 
currently occurs in any protected areas, but limited resources for 
conservation application minimize effectiveness of protected areas in 
the Amazon (Collins and Morris 1985, p. 234; Laurance and Williamson 
2001, p. 1533; H. Grice et al. 2019c, p. 4).
    Captive-reared Fluminense swallowtails were released over several 
years throughout the city of Rio de Janeiro in an attempt to increase 
subpopulation sizes and genetic diversity, but limited post-release 
monitoring took place to determine the success of this effort 
(Instituto Chico Mendes De Conserva[ccedil][atilde]o Da Biodiversidade 
(ICMBio) 2007, pp. 82-89; Almeida 2017, pers. comm.; Monteiro 2017, 
pers. comm.). Captive-rearing may be reinitiated in the future, but it 
is unclear when or how effective it might be at conserving the species 
(Almeida 2017, pers. comm.). 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

[[Page 99134]]

Fluminense swallowtail is a narrow endemic with low genetic diversity 
composed of a single metapopulation that occupies an estimated 36 to 
288 km\2\ (Tyler 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 km\2\ across approximately six sites in the State of Rio 
de Janeiro and possibly one site in the State of Esp[iacute]rito Santo 
(Collins and Morris 1985, p. 208; Tyler 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 S[atilde]o Jo[atilde]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 km\2\, has an unknown area of occupancy, and is 
known from a linear and patchy distribution along the tributaries of 
the middle and lower Amazon River basin (Collins and Morris 1985, p. 
242; New and Collins 1991, p. 29; Tyler 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

[[Page 99135]]

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

[[Page 99136]]

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.

[[Page 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 ([email protected]; 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

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

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

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

Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                              Listing citations
           Common name                Scientific name        Where listed         Status        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      Parides hahneli.....  Wherever found......            E   89 FR [INSERT
 swallowtail.                                                                                 FEDERAL REGISTER
                                                                                              PAGE WHERE THE
                                                                                              DOCUMENT BEGINS],
                                                                                              December 10, 2024.
Butterfly Harris' mimic            Eurytides             Wherever found......            E   89 FR [INSERT
 swallowtail.                       (=Mimoides)                                               FEDERAL REGISTER
                                    lysithous                                                 PAGE WHERE THE
                                    harrisianus.                                              DOCUMENT BEGINS],
                                                                                              December 10, 2024.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[[Page 99138]]

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
```