Endangered and Threatened Wildlife and Plants; Endangered Status for the Eastern Regal Fritillary, and Threatened Status With Section 4(d) Rule for the Western Regal Fritillary

DEPARTMENT OF THE INTERIOR <SUBAGY>Fish and Wildlife Service</SUBAGY> <CFR>50 CFR Part 17</CFR> <DEPDOC>[Docket No. FWS-R6-ES-2023-0182; FXES1111090FEDR-245-FF09E21000]</DEPDOC> <RIN>RIN 1018-BF92</RIN> <SUBJECT>Endangered and Threatened Wildlife and Plants; Endangered Status for the Eastern Regal Fritillary, and Threatened Status With Section 4(d) Rule for the Western Regal Fritillary</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Fish and Wildlife Service, Interior. <HD SOURCE="HED">ACTION:</HD> Proposed rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> We, the U.S. Fish and Wildlife Service (Service), propose to list the eastern regal fritillary ( <E T="03">Argynnis idalia idalia</E> ) as an endangered species and to list the western regal fritillary ( <E T="03">A. i. occidentalis</E> ) as a threatened species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the regal fritillary, as these two subspecies make up the entire species. After a review of the best available scientific and commercial information, we find that listing both subspecies is warranted. Accordingly, we propose to list the eastern subspecies as endangered and the western subspecies as threatened with protective regulations issued under section 4(d) of the Act (a “4(d) rule”). We find that designation of critical habitat for both subspecies is not determinable at this time. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> We will accept comments received or postmarked on or before October 7, 2024. Comments submitted electronically using the Federal eRulemaking Portal (see <E T="02">ADDRESSES</E> , below) must be received by 11:59 p.m. eastern time on the closing date. We must receive requests for a public hearing, in writing, at the address shown in <E T="02">FOR FURTHER INFORMATION CONTACT</E> by September 20, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> You may submit comments by one of the following methods: (1) <E T="03">Electronically:</E> Go to the Federal eRulemaking Portal: <E T="03">https://www.regulations.gov.</E> In the Search box, enter FWS-R6-ES-2023-0182, which is the docket number for this rulemaking. Then, click on the Search button. On the resulting page, in the panel on the left side of the screen, under the Document Type heading, check the Proposed Rule box to locate this document. You may submit a comment by clicking on “Comment.” (2) <E T="03">By hard copy:</E> Submit by U.S. mail to: Public Comments Processing, Attn: FWS-R6-ES-2023-0182, U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803. We request that you send comments only by the methods described above. We will post all comments on <E T="03">https://www.regulations.gov.</E> This generally means that we will post any personal information you provide us (see Information Requested, below, for more information). <E T="03">Availability of supporting materials:</E> Supporting materials, such as the species status assessment report, are available at <E T="03">https://www.regulations.gov</E> at Docket No. FWS-R6-ES-2023-0182. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> <E T="03">For the eastern regal fritillary—</E> Sonja Jahrsdoerfer, Project Leader, Pennsylvania Ecological Services Field Office, 110 Radnor Road, Suite 101, State College, PA 16801; telephone 814-206-7474. <E T="03">For the western regal fritillary—</E> Chris Swanson, Field Supervisor, North and South Dakota Ecological Services Field Offices, 420 South Garfield Avenue, Suite 400, Pierre, SD 57501; telephone 605-222-0228. 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. Please see Docket No. FWS-R6-ES-2023-0182 on <E T="03">https://www.regulations.gov</E> for a document that summarizes this proposed rule. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Executive Summary</HD> <E T="03">Why we need to publish a rule.</E> Under the Act (16 U.S.C. 1531 <E T="03">et seq.</E> ), the term “species” includes any subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature. A subspecies warrants listing under the Act if it meets the definition of an endangered species (in danger of extinction throughout all or a significant portion of its range) or a threatened species (likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range). If we determine that a subspecies warrants listing, we must list the subspecies promptly and designate the subspecies' critical habitat to the maximum extent prudent and determinable. We have determined that the eastern regal fritillary (eastern subspecies) meets the Act's definition of an endangered species and that the western regal fritillary (western subspecies) meets the Act's definition of a threatened species; therefore, we are proposing to list them as such. Listing a subspecies as an endangered or threatened species can be completed only by issuing a rule through the Administrative Procedure Act rulemaking process (5 U.S.C. 551 <E T="03">et seq.</E> ). <E T="03">What this document does.</E> We propose to list the eastern regal fritillary as an endangered species and to list the western regal fritillary as a threatened species with a 4(d) rule. As explained later in this document, we conclude that the designation of critical habitat for these subspecies is not determinable at this time. <E T="03">The basis for our action.</E> Under the Act, we may determine that a subspecies is an endangered or threatened species because of any of five 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. We have determined that the eastern regal fritillary is endangered due to the loss and fragmentation of its remaining grassland habitats from invasive plants and woody encroachment (Factor A) and periodic disturbances, such as fire, military operations, and other management activities if they are too large, frequent, or intense (Factor A). These threats are exacerbated by the ongoing effects of drought and climate change (Factors A and E). We have determined that the western regal fritillary is threatened due to the expected continued loss and fragmentation of large, intact native grasslands through conversion by agriculture and development (Factor A); invasive plants and woody vegetation (Factor A); the reduction of violets and nectar sources from the broadcast application of herbicides (Factor A); and periodic disturbances from fire, mowing, and haying that are too large, frequent, or intense (Factor A). These threats are all exacerbated by the ongoing and expected effects of drought and climate change (Factors A and E). Section 4(a)(3) of the Act requires the Secretary of the Interior (Secretary), to the maximum extent prudent and determinable, to designate critical habitat concurrent with listing. Section 3(5)(A) of the Act defines critical habitat as (i) the specific areas within the geographical area occupied by the species at the time it is listed, on which are found those physical or biological features (I) essential to the conservation of the species and (II) which may require special management considerations or protection; and (ii) specific areas outside the geographical area occupied by the species at the time it is listed, upon a determination by the Secretary that such areas are essential for the conservation of the species. Section 4(b)(2) of the Act states that the Secretary must make the designation on the basis of the best scientific data available and after taking into consideration the economic impact, the impact on national security, and any other relevant impacts of specifying any particular area as critical habitat. <HD SOURCE="HD1">Information Requested</HD> We intend that any final action resulting from this proposed rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we request comments or information from governmental agencies, Native American Tribes, the scientific community, industry, or any other interested parties concerning this proposed rule. We particularly seek comments concerning: (1) The subspecies' biology, range, and population trends, including: (a) Current ranges, including distribution patterns and the locations of any additional populations of the subspecies; (b) Current population levels, and current and projected trends; and (c) Past and ongoing conservation measures for the subspecies, their habitats, or both. (2) Threats and conservation actions affecting the subspecies, including: (a) Factors that may be affecting the continued existence of the subspecies, which may include habitat modification or destruction, overutilization, disease, predation, the inadequacy of existing regulatory mechanisms, or other natural or manmade factors; (b) Relevant data concerning any threats (or lack thereof) to the subspecies; and (c) Existing regulations or conservation actions that may be addressing threats to these subspecies. (3) Additional information concerning the current status of the subspecies. 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