81_FR_90537 81 FR 90297 - Endangered and Threatened Wildlife and Plants; Listing Determinations for Five Poecilotheria Tarantula Species From Sri Lanka

81 FR 90297 - Endangered and Threatened Wildlife and Plants; Listing Determinations for Five Poecilotheria Tarantula Species From Sri Lanka

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 240 (December 14, 2016)

Page Range90297-90314
FR Document2016-30059

We, the U.S. Fish and Wildlife Service (Service), announce a proposal to list the following five tarantula species under the Endangered Species Act of 1973, as amended (Act): Poecilotheria fasciata, P. ornata, P. smithi, P. subfusca, and P. vittata. This document also serves as the 12-month finding on a petition to list these species. After review of the best available scientific and commercial information, we find that listing each of these species is warranted and propose listing all of them as endangered species.

Federal Register, Volume 81 Issue 240 (Wednesday, December 14, 2016)
[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)]
[Proposed Rules]
[Pages 90297-90314]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30059]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2016-0076; 4500030115]
RIN 1018-BB33


Endangered and Threatened Wildlife and Plants; Listing 
Determinations for Five Poecilotheria Tarantula Species From Sri Lanka

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
proposal to list the following five tarantula species under the 
Endangered Species Act of 1973, as amended (Act): Poecilotheria 
fasciata, P. ornata, P. smithi, P. subfusca, and P. vittata. This 
document also serves as the 12-month finding on a petition to list 
these species. After review of the best available scientific and 
commercial information, we find that listing each of these species is 
warranted and propose listing all of them as endangered species.

DATES: We will accept comments received or postmarked on or before 
February 13, 2017. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES below) must be received by 11:59 p.m. 
Eastern Time on the closing date. We must receive requests for public 
hearings, in writing, at the address shown in FOR FURTHER INFORMATION 
CONTACT by January 30, 2017.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box,

[[Page 90298]]

enter FWS-HQ-ES-2016-0076, which is the docket number for this 
rulemaking. Then, in the Search panel on the left side of the screen, 
under the Document Type heading, click on the Proposed Rules link to 
locate this document. You may submit a comment by clicking on ``Comment 
Now!''
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-HQ-ES-2016-0076; U.S. Fish & Wildlife 
Service Headquarters, MS: BPHC, 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 http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see Public Comments below for more 
information).

FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of 
Foreign Species, Ecological Services, U.S. Fish and Wildlife Service, 
MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; telephone, 
703-358-2171; facsimile, 703-358-1735. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    Why we need to publish a rule. Under the Act, if a species is 
determined to be an endangered or threatened species throughout all or 
a significant portion of its range, we are required to promptly publish 
a proposal in the Federal Register and make a determination on our 
proposal within 1 year. Listing a species as an endangered or 
threatened species can only be completed by issuing a rule.
    This document proposes the listing of the tarantula species 
Poecilotheria fasciata, P. ornata, P. smithi, P. subfusca, and P. 
vittata as endangered species. This proposed rule assesses the best 
available information regarding status of and threats to these named 
species.
    The basis for our action. Under the Act, we can determine that a 
species is an endangered or threatened species based on any one or more 
of five factors or the cumulative effects thereof: (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 P. fasciata, 
P. ornata, P. smithi, P. subfusca, and P. vittata are in danger of 
extinction due to ongoing habitat loss and degradation and the 
cumulative effects of this and other threat factors. One species, P. 
smithi, is also in danger of extinction due to the effects of 
stochastic (random) processes.
    We will seek peer review. We will seek comments from independent 
specialists to ensure that our designation is based on scientifically 
sound data, assumptions, and analyses. We will invite these peer 
reviewers to comment on our listing proposal. Because we will consider 
all comments and information received during the comment period, our 
final determinations may differ from this proposal.

Information Requested

Public Comments

    Our intent, as required by the Act, is to use the best available 
scientific and commercial data as the foundation for all endangered and 
threatened species classification decisions. Further, we want any final 
rule resulting from this proposal to be as accurate and effective as 
possible. Therefore, we invite the range country, tribal and 
governmental agencies, the scientific community, industry, and other 
interested parties to submit comments regarding this Proposed Rule. 
Comments should be as specific as possible.
    Before issuing a final rule to implement this proposed action, we 
will take into account all comments and any additional relevant 
information we receive. Such communications may lead to a final rule 
that differs from our proposal. For example, new information provided 
may lead to a threatened status instead of an endangered status for 
some or all of the species addressed in this proposed rule, or we may 
determine that one or more of these species do not warrant listing 
based on the best available information when we make our determination. 
All comments, including commenters' names and addresses, if provided to 
us, will become part of the administrative record. For each of the five 
species, we particularly seek comments concerning:
    (1) The species' biology, ranges, and population trends, including:
    (a) Biological or ecological requirements of the species, including 
habitat requirements for feeding, breeding, and sheltering;
    (b) Genetics and taxonomy;
    (c) Historical and current range including distribution patterns;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for the species, its 
habitat or both.
    (2) Factors that may affect the continued existence of the species, 
which may include habitat modification or destruction, overutilization, 
disease, predation, the inadequacy of existing regulatory mechanisms, 
or other natural or manmade factors.
    (3) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to the species and existing regulations 
that may be addressing those threats.
    (4) Additional information concerning the historical and current 
status, range, distribution, and population size of the species, 
including the locations of any additional populations of the species.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Please note that submissions merely stating support for or 
opposition to the action under consideration without providing 
supporting information, although noted, will not be considered in 
making a determination, as section 4(b)(1)(A) of the Act directs that 
determinations as to whether any species is a threatened or endangered 
species must be made ``solely on the basis of the best scientific and 
commercial data available.''
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES.
    If you submit information via http://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the Web site. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Headquarters Office (see FOR FURTHER INFORMATION 
CONTACT).

Public Hearing

    Section 4(b)(5) of the Act provides for one or more public hearings 
on this

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proposal, if requested. Requests must be received within 45 days after 
the date of publication of this proposed rule in the Federal Register. 
Such requests must be sent to the address shown in FOR FURTHER 
INFORMATION CONTACT. We will schedule public hearings on this proposal, 
if any are requested, and announce the dates, times, and places of 
those hearings, as well as how to obtain reasonable accommodations, in 
the Federal Register and local newspapers at least 15 days before the 
hearing.

Peer Review

    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), we will solicit the 
expert opinion of at least three appropriate and independent 
specialists for peer review of this proposed rule. The purpose of peer 
review is to ensure that our listing determinations are based on 
scientifically sound data, assumptions, and analyses. We will send peer 
reviewers copies of this proposed rule immediately following 
publication in the Federal Register. We will invite peer reviewers to 
comment, during the public comment period, on the specific assumptions 
and conclusions regarding the proposed listing status of each of the 
five tarantula species. We will summarize the opinions of these 
reviewers in the final decision document, and we will consider their 
input and any additional information we receive, as part of our process 
of making a final decision on the proposal.

Previous Federal Action

    We received a petition, dated October 29, 2010, from WildEarth 
Guardians requesting that the following 11 tarantula species in the 
genus Poecilotheria be listed under the Act as endangered or 
threatened: Poecilotheria fasciata, P. formosa, P. hanumavilasumica, P. 
metallica, P. miranda, P. ornata, P. pederseni, P. rufilata, P. smithi, 
P. striata, and P. subfusca. The petition identified itself as such and 
included the information as required by 50 CFR 424.14(a). We published 
a 90-day finding on December 3, 2013 (78 FR 72622), indicating that the 
petition presents substantial scientific and commercial information 
indicating that listing these 11 species may be warranted. At that time 
we also (1) notified the public that we were initiating a review of the 
status of these species to determine if listing them is warranted, (2) 
requested from the public scientific and commercial data and other 
information regarding the species, and (3) notified the public that at 
the conclusion of our review of the status of these species, we would 
issue a 12-month finding on the petition, as provided in section 
4(b)(3)(B) of the Act. This document represents our review and 
determinations of the status of the five petitioned species that are 
endemic to Sri Lanka (Poecilotheria fasciata, P. ornata, P. pederseni, 
P. smithi, and P. subfusca), our publication of our 12-month finding on 
these five species, and our proposed rule to list these species. We 
will issue our determinations on other tarantula species in the genus 
Poecilotheria separately after we complete our review.

Background

Taxonomy and Species Descriptions

    Poecilotheria is a genus of arboreal spiders endemic to Sri Lanka 
and India. The genus belongs to the family Theraphosidae, often 
referred to as tarantulas, within the infraorder Mygalomorphae (Table 
1). As with most theraphosid genera, Poecilotheria is a poorly 
understood genus. The taxonomy has never been studied using modern DNA 
technology; therefore, species descriptions are based solely on 
morphological characteristics. Consequently, there have been several 
revisions, additions, and subtractions to the list of Poecilotheria 
species over the last 20 years (Nanayakkara 2014a, pp. 71-72; Gabriel 
and Gallon 2013, entire).
    The World Spider Catalog (2016, unpaginated) currently recognizes 
14 species of Poecilotheria. The Integrated Taxonomic Information 
System currently identifies 16 species in the genus, based on the 2011 
version of the same catalog. Because the World Spider Catalog is the 
widely accepted authority on spider taxonomy, we consider the 
Poecilotheria species recognized by the most recent (2016) version of 
this catalog to be valid. Based on the World Spider Catalog, all five 
of the petitioned species are considered valid taxon, though P. 
pederseni is now considered a junior synonym to the currently accepted 
name P. vittata (Table 1). Therefore, in the remainder of this document 
we refer to this species as P. vittata. Further, all five of these 
species have multiple common names (see WildEarth Guardians 2010, p. 4) 
and are, therefore, referred to by their scientific names throughout 
this document.

   Table 1--Scientific Classification of Five Sri Lankan Poecilotheria
Species Petitioned for Listing as Endangered or Threatened Under the Act
                   [See 78 FR 72662, December 3, 2013]
                      [Synonyms are in parentheses]
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------------------------------------------------------------------------
                        Scientific Classification
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KINGDOM...................................  Animalia.
 PHYLUM...................................  Arthropoda.
 SUBPHYLUM................................  Chelicerata.
 CLASS....................................  Arachnida.
 ORDER....................................  Araneae.
 INFRAORDER...............................  Mygalomorphae.
 FAMILY...................................  Theraphosidae.
 GENUS....................................  Poecilotheria.
 SPECIES..................................  P. fasciata, P. ornata, P.
                                             smithi (P. pococki), P.
                                             subfusca (P. bara, P.
                                             uniformis), P. vittata (P.
                                             pederseni).
------------------------------------------------------------------------

    Poecilotheria species are among the largest spiders in the world, 
with body lengths of 4 to 9 centimeters (1.5 to 3.5 inches) and maximum 
adult leg spans varying from 15 to 25 centimeters (6 to 10 inches) 
(Nanayakkara 2014a, pp. 94-129; Molur et al. 2006, p. 23). They are 
known for their very fast movements and potent venom that, in humans, 
typically causes extended muscle cramps and severe pain (Fuchs 2014, p. 
75; Nanayakkara and Adikaram 2013, p. 53). They are hairy spiders and 
have striking coloration, with dorsal color patterns of gray, black, 
brown, and in one case, a metallic blue. Ventral coloration of either 
sex is typically more of the same with the exception of the first pair 
of legs, which often bear bright yellow to orange aposematic (warning) 
markings that are visible when the spider presents a defensive display. 
Mature spiders exhibit some sexual dimorphism with mature males having 
a more drab coloration and being significantly smaller than the adult 
females (Nanayakkara 2014a, entire; Pocock 1899, pp. 84-86).
    The primary characteristics used to distinguish Poecilotheria 
species are ventral leg markings (Gabriel 2010 p. 13, citing several 
authors). Some authors indicate that identification via leg markings is 
straightforward for most Poecilotheria species (Nanayakkara 2014a, pp. 
74-75; Gabriel 2011a, p. 25). However, the apparent consistent leg 
patterns observed in adults of a species could also be a function of 
specimens being collected from a limited number of locations (Morra 
2013, p. 129). During field surveys, researchers found more variation 
than suggested by published

[[Page 90300]]

species descriptions and indicated that identifying Poecilotheria 
species is not as straightforward as suggested by current descriptions 
(Molur et al. 2003, unpaginated). Reports of inadvertent production of 
hybrids within the tarantula trade (see Gabriel 2011a, p. 26) also 
indicate a degree of difficulty in identification of adult specimens. 
Immature spiders (juveniles) lack the variation in coloring found in 
adults. As a result, they are difficult to differentiate visually; 
genetic analysis may be the only way to reliably identify juveniles to 
species (Longhorn 2014a, unpaginated).

Captive Poecilotheria

    Poecilotheria species are commonly bred in captivity by amateur 
hobbyists as well as vendors, and are available as captive-bred young 
in the pet trade in the United States, Europe, and elsewhere (see 
Trade). However, while rearing and keeping of captive individuals by 
hobbyists and vendors has provided information on life history of these 
species, these captive individuals hold limited conservation value to 
the species in the wild. Individuals in the pet trade descend from wild 
individuals from unknown locations, have undocumented lineages, come 
from limited stock (e.g., see Gabriel 2012, p. 18) and are bred without 
knowledge or consideration of their genetics. They also likely include 
an unknown number of hybrid individuals resulting from intentional 
crosses, or unintentional crosses resulting from confusion and 
difficulty in species taxonomy and identification (Gabriel 2011a, pp. 
25-26; Gabriel et al. 2005, p. 4; Gabriel 2003, pp. 89-90). Further, 
many are likely several generations removed from wild ancestors and 
thus may be inbred or maladapted to conditions in the wild. In short, 
captive individuals held or sold as pets do not adhere to the IUCN 
guidelines for reintroductions and other conservation translocations 
(IUCN 2013, entire). Further, we are not aware of any captive-breeding 
programs for Poecilotheria that adhere to IUCN guidelines. Because (1) 
the purpose of our status assessments is to determine the status of the 
species in the wild, and (2) captive individuals in the hobby or pet 
trade have low value for conservation programs or for reintroduction 
purposes, we place little weight on the status of captive individuals 
in our assessment of the status of the five petitioned Poecilotheria 
species endemic to Sri Lanka.

Tarantula General Biology

    Tarantulas possess life-history traits markedly different from most 
spiders and other arthropods (Bond et al. 2006, p. 145). They are long-
lived, have delayed sexual maturity, and most are habitat specialists 
that are extremely sedentary. They also have poor dispersal ability 
because their mode of travel is limited to walking, and they typically 
do not move far from the area in which they are born. As a result, the 
distribution of individuals tends to be highly clumped in suitable 
microhabitats (a smaller habitat within a larger habitat), populations 
are extremely genetically structured, and the group shows a high level 
of endemism (species restricted to a particular geographical location) 
(Ferreti et al. 2014, p. 2; Hedin et al. 2012, p. 509, citing several 
sources; Bond et al. 2006, pp. 145-146, citing several sources).
    Tarantulas are primarily nocturnal and typically lead a hidden 
life, spending much of their time concealed inside burrows or crevices 
(retreats) that provide protection from predators and the elements 
(Foelix 2011, p. 14; Molur et al. 2003, unpaginated; Gallon 2000, 
unpaginated). They are very sensitive to vibrations and climatic 
conditions, and usually don't come out of their retreats in conditions 
like rains, wind, movement, or excessive light (Molur et al. 2003, 
unpaginated). Tarantulas are generalist predators that sit and wait for 
passing prey near the entrance of their retreats (Gallon 2000, 
unpaginated). With the exception of reproductive males that wander in 
search of females during the breeding season, they leave their retreat 
only briefly for capturing prey, and quickly return to it at the 
slightest vibration or disturbance (Foelix 2011, p. 14; Stotley and 
Shillington 2009, pp. 1210-1211; Molur et al. 2003, unpaginated). 
Tarantulas generally inhabit a suitable retreat for extended periods 
and may use the same retreat for years (Stotley and Shilling 2009, pp. 
1210-1211; Stradling 1994, p. 87). Most tarantulas are solitary, with 
one spider occupying a retreat (Gallon 2000, unpaginated).
    The lifestyle of adult male tarantulas differs from that of adult 
females and juveniles. Females and juveniles are sedentary, spending 
most of their time in or near their retreat. Adult females are also 
long-lived, and continue to grow, molt, and reproduce for several years 
after reaching maturity (Ferreti et al. 2014, p. 2, citing several 
sources; Costa and Perez-Miles 2002, p. 585, citing several sources; 
Gallon 2000, unpaginated). They are capable of producing one brood per 
year although they do not always do so (Ferreti et al. 2014, p. 2; 
Stradling 1994, pp. 92-96). Males have shorter lifespans than females 
and, after reaching maturity, no longer molt and usually only live one 
or two breeding seasons (Costa and Perez-Miles 2002, p. 585, Gallon 
2000, unpaginated). Further, on reaching maturity, males leave their 
retreats to wander in search of receptive females with which to mate 
(Stotley and Shillington 2009, pp. 1210-1211). Males appear to search 
the landscape for females randomly and, at short range, may be able to 
detect females through contact sex-pheromones on silk deposited by the 
female at the entrance of her retreat (Ferreti et al. 2013, pp. 88, 90; 
Janowski-Bell and Hommer 1999, pp. 506, 509; Yanez et al. 1999, pp. 
165-167; Stradling 1994, p. 96). Males may cover relatively large areas 
when searching for females. Males of a ground-dwelling temperate 
species (Aphonopelma anax) are reported covering search areas up to 29 
ha (72 acres), though the mean size of areas searched is much smaller 
(1.1  0.5 ha one year and 8.8  2.5 ha another 
year) (Stotley and Shillington 2009, p. 1216).
    When a male locates a receptive female, the two will mate in or 
near the entrance to the female's retreat. After mating, the female 
returns to her retreat where she eventually lays eggs within an egg-sac 
and tends the eggs until they hatch. Spiderlings reach maturity in one 
or more years (Gallon 2000, unpaginated).

Poecilotheria Biology

    Limited information is available on Poecilotheria species in the 
wild. However, they appear to be typical tarantulas in many respects. 
However, they differ from most tarantulas in that they are somewhat 
social (discussed below) and reside in trees rather than ground burrows 
(see Microhabitat).
    Poecilotheria species are patchily distributed (Siliwal et al. 
2008, p. 8) and prey on a variety of insects, including winged 
termites, beetles, grasshoppers, and moths, and occasionally small 
vertebrates (Das et al. 2012, entire; Molur et al. 2006, p. 31; Smith 
et al. 2001, p. 57).
    We are not aware of any information regarding the reproductive 
success of wild Poecilotheria species. However, reproduction may be 
greatly reduced during droughts (Smith et al. 2001, pp. 46, 49). 
Additionally, given the apparently random searching for females by male 
tarantulas, successful mating of females likely depends on the density 
of males in the vicinity. In the only field study conducted on an

[[Page 90301]]

arboreal tropical tarantula (Avicularia avicularia in Trinidad), less 
than half of adult females produced eggs in the same year despite the 
fact that they were in close proximity to each other and exhibited the 
same weight gain, possibly due to a failure to mate (Stradling 1994, p. 
96).
    Time to maturity in Poecilotheria species varies and is influenced 
by the temperature at which the young are raised and amount of food 
provided (Gabriel 2006, entire). Based on observations of captive 
Poecilotheria, males mature from spiderlings to adults in 11 to16 
months (Gabriel 2011b, P. 101; Gabriel 2005, entire). Females can 
mature within 14 months and generally live an additional 60 to 85 
months after maturing (Gabriel 2012, p. 19; Government of Sri Lanka and 
Government of the United States 2000, p. 3), although they have been 
reported living up to 14 years (Gallon 2012, p. 69). Females lay about 
50 to 100 eggs, 5 to 6 months after mating (Nanayakarra 2014a, p. 79; 
Gabriel 2011b, entire; Gabriel 2005, p. 101). In captivity, generation 
time appears to be roughly 2-3 years (see Gabriel 2011b, entire; 
Gabriel 2006, p. 96; Gabriel 2005, entire). While captive individuals 
provide some indication of potential growth, longevity, and 
reproductive capacity of wild individuals, these variables are likely 
to vary with conditions in the wild. Poecilotheria are ectotherms and, 
as such, their physiological and developmental processes including 
growth and reproduction are strongly influenced by body temperature and 
it is likely that captive-rearing of these species is primarily done 
under ideal environmental conditions for reproduction and growth.
    Unlike most tarantulas, which are solitary, most Poecilotheria 
species display a degree of sociality. Adult females often share their 
retreat with their spiderlings. Eventually as the young mature, they 
disperse to find denning areas of their own. Occasionally young remain 
on their natal tree to breed, or three to four adult females will share 
the same retreat (Nanayakkara 2014a, pp. 74, 80). These semi-social 
behaviors are believed to be a response to a lack of availability of 
suitable habitat (trees) in which individuals can reside (Nanayakkara 
2014a, pp. 74, 80; Gallon 2000, unpaginated).

Poecilotheria Habitat

Microhabitat
    Poecilotheria occupy preexisting holes or crevices in trees or 
behind loose tree bark (Molur et al. 2006, p. 31; Samarawckrama et al. 
2005; Molur et al. 2003 unpaginated; Kirk 1996, pp. 22-23). Individuals 
of some species are also occasionally found in grooves or crevices in 
or on other substrates such as rocks or buildings that are close to 
wooded areas (Samarawckrama et al. 2005, pp. 76, 83; Molur et al. 2003, 
unpaginated). In a survey in Sri Lanka, 89 percent (31) of 
Poecilotheria spiders were found in or on trees, while 11 percent (4) 
were found in or on buildings (Samarawckrama et al. 2005, p. 76). 
Poecilotheria species are said to have a preference for residing in 
old, established trees with naturally occurring burrows (Nanayakkara 
2014a, p. 86). Some species also appear to prefer particular tree 
species (Nanayakkara 2014a, p. 84; Samarawckrama et al. 2005, p. 76).
Macrohabitat
    Most Poecilotheria species occur in forested areas, although some 
occasionally occur in other treed habitats such as plantations 
(Nanayakkara 2014a, p. 86; Molur et al. 2006, p. 10; Molur et al 2003, 
entire; Smith et al. 2001, entire). Poecilotheria are less abundant in 
degraded forest (Molur et al. 2004, p. 1665). Less complex, degraded 
forests may contain fewer trees that provide adequate retreats for 
these species and less cover for protection from predators and the 
elements. Trees with broad, dense canopy cover likely provide 
Poecilotheria in hotter, dryer habitats protection from heat and 
desiccation (Siliwal 2008, pp. 12, 15). We provide additional, species-
specific information on habitat below.

Sri Lanka

    Sri Lanka is an island nation about 65,610 square kilometers 
(km\2\) (25,332 square miles (mi\2\)) in area (Weerakoon 2012, p. 
xvii), or about the size of West Virginia (Fig. 1). The variation in 
topography, soils, and rainfall on the island has resulted in a 
diversity of ecosystems with high levels of species endemism 
(Government of Sri Lanka (GOSL) 2014, pp. xiv-xv). Sri Lanka, together 
with the Western Ghats of India, is identified as a global biodiversity 
hotspot, and is among the eight ``hottest hotspots,'' (Myers et al. 
2000, entire).
    Sri Lanka consists of a mountainous region (central highlands), 
reaching 2,500 m in elevation, in the south-central part of the island 
surrounded by broad lowland plains (GOSL 2012, p. 2a-3-141) (Fig. 2). 
The country has a tropical climate characterized by two major monsoon 
periods: The southwest monsoon from May to September and the northeast 
monsoon from December to February (GOSL 2012, pp. 7-8).
    Sri Lanka's central highlands create a rain shadow effect that 
gives rise to two pronounced climate zones--the wet zone and dry zone--
and a less extensive intermediate zone between the two (Ministry of 
Environment--Sri Lanka (MOE) 2010, pp. 21-22) (Fig. 2). Small arid 
zones also occur on the northwestern and southeastern ends of the 
country (Nanayakkara 2014a, p. 22). Annual rainfall ranges from less 
than 1,000 millimeters (mm) (39.4 inches (in)) in the arid zone to over 
5,000 mm (197 in) in the central highlands (Jayatillake et al. 2005, 
pp. 66-67). Mean annual temperature ranges from 27 degrees Celsius 
([deg]C) (80.6 degrees Fahrenheit ([deg]F)) in the lowlands to 15 
[deg]C (59[emsp14][deg]F) in the highlands (Eriyagama et al. 2010, p. 
2).
    The wet zone is located in the southwestern quarter of the island, 
where high annual rainfall is maintained throughout the year by rain 
received during both monsoons and during inter-monsoonal periods (MOE 
2010, pp. 21-22) (Fig. 2). The wet zone is divided into low, mid, and 
montane regions based on altitude (Table 2). The dry zone, in which 
most of the land area of Sri Lanka occurs, is spread over much of the 
lowland plains and is subjected to several months of drought (MOE 2010, 
pp. 21-22) (Table 2) (Fig. 2). Most of the rain in this zone comes from 
the northeast monsoon and inter-monsoonal rains (MOE 2010, pp. 21-22; 
Malgrem 2003, p. 1236). Characteristic forest types occur within each 
of the different climate zones (Table 2).

[[Page 90302]]



                  Table 2--Climate Zones and Elevation of Sri Lanka and Associated Forest Types
     [Based on Information in FAO (2015a, pp. 6-7), Nanayakkara (2014a, pp. 22-25), and GOSL (2012, p. 51)]
----------------------------------------------------------------------------------------------------------------
                                          Percent of
                 Zone                     Sri Lanka's     Mean annual      Elevation           Forest type
                                           land area    rainfall  (mm)     (meters)
----------------------------------------------------------------------------------------------------------------
Wet Zone..............................              23    2,500->5,000         0-2,500  ........................
    Low...............................  ..............  ..............         0-1,000  Lowland rainforest.
    Mid...............................  ..............  ..............     1,000-1,500  Submontane forest.
    Montane...........................  ..............  ..............     1,500-2,500  Montane forest.
Intermediate Zone.....................              12     1,900-2,500         0-1,000  Moist monsoon forest.
Dry Zone..............................              60     1,250-1,900           0-500  Dry monsoon forest;
                                                                                         riverine forest; open-
                                                                                         canopy forest.
Arid Zone.............................               5          <1,250  ..............  Thorny scrub forest.
----------------------------------------------------------------------------------------------------------------

Species-Specific Information

    Each of the five petitioned species addressed in this finding is 
endemic to Sri Lanka and has a range restricted to a particular region 
and one or two of Sri Lanka's climate zones (Nanayakkara 2014a, pp. 84-
85) (Fig. 1, Fig. 2). Due to their secretive and nocturnal habits, 
sensitivity to vibrations, and their occurrence in structurally complex 
habitat (forest), Poecilotheria species are difficult to detect (Molur 
et al. 2003, unpaginated). Therefore, it is possible that reported 
ranges are smaller than the actual ranges of these species. However, 
distribution surveys for these species were conducted at many locations 
throughout the country during 2009-2012 by Nanayakkara et al. (2012, 
entire), and we consider the locations reported in Nanayakkara (2014a, 
entire) to reflect the best available information concerning the ranges 
of these species.
    Historical ranges for the five petitioned Sri Lankan species are 
unknown. Further, population information is not available on any of the 
five petitioned Sri Lankan species; therefore, population trends are 
unknown. However, experts believe populations are declining, and that 
these species are very likely to go extinct within the next two or 
three decades (Nanayakkara and Adikaram 2013, p. 54). We are not aware 
of any existing conservation programs for these species. All five 
species are categorized on the National Red List of Sri Lanka as 
Endangered or Critically Endangered based on their area of occupancy 
(Critically Endangered: Less than 10 km\2\; Endangered: Less than 500 
km\2\) and distribution (Critically Endangered: Severely fragmented or 
known to exist at only a single location; Endangered: Severely 
fragmented or known to exist at no more than five locations), and the 
status (continuing decline, observed, inferred or projected, in the 
area, extent, or quality, or any combination of the three) of their 
habitat (MOE 2012, p. 55; IUCN 2001, entire).
    For locations discussed in species-specific information below, see 
Fig. 1. For locations of the ranges of the different species, see Fig. 
2.
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P. fasciata

    Poecilotheria fasciata occurs in forests below 200-m elevation in 
Sri Lanka's dry and intermediate zones north of Colombo and is also 
sometimes found in coconut plantations in this region (Nanayakkara 
2014a, p. 96; Nanayakkara 2014b, unpublished data; Smith et al. 2001, 
entire). The species has a broad but patchy distribution and is 
estimated to occupy less than 500 km\2\ (193 mi\2\) of its range (MOE 
2012, p. 55; Smith et al. 2001, p. 48). The area, extent, or quality 
(or a combination thereof) of P. fasciata's habitat is considered to be 
in continuing decline, and the species is categorized on the National 
Red List of Sri Lanka as Endangered (MOE 2012, p. 55).
    The only detailed record of the species' occurrence in a coconut 
plantation is provided by Smith et al. (2001, entire). Poecilotheria 
fasciata is reported to have colonized the coconut plantation following 
a prolonged drought. While P. fasciata in dry and intermediate zone 
forests, including those surrounding the coconut plantation, were found 
to be emaciated and without spiderlings, those in the irrigated 
plantation were found to have spiderlings in their retreats and wider 
abdomens. Smith et al. argue that P. fasciata was able to colonize the 
plantation due to the occurrence of P. fasciata in the adjacent remnant 
forest, the presence of coconut trees that were infested with weevils 
and subsequently fed on by woodpeckers that created holes suitable for 
P. fasciata retreats, and plantation irrigation that resulted in an 
abundant prey base for the species. The P. fasciata population in the 
plantation was apparently established in the 1980s and persisted until 
at least 2000 (Smith et al. 2001, pp. 49, 52).
    During recent surveys, P. fasciata were detected at nine 
locations--two in coconut plantations and seven in forest locations. 
Greater than 20 adults and 100 juveniles were found in coconut 
plantations, and greater than 30 adults and no juveniles were found in 
forest locations (Nanayakkara 2014b, unpublished data). Although no

[[Page 90305]]

juveniles were detected in forest habitats during these surveys, recent 
observations of P. fasciata juveniles in forest habitat have been 
reported (Nanayakkara 2014a, p. 96; Kumarasinghe et al. 2013, p. 10). 
Therefore, based on the observations of Smith et al. described above, 
it is possible that the lack of juveniles detected in forests during 
recent surveys was due to drought conditions during the survey period. 
As indicated above, island-wide surveys for Poecilotheria were 
conducted during 2009-2012, and droughts occurred in 2010 and 2012 in 
the region in which P. fasciata occurs (Integrated Regional Information 
Network 2012, unpaginated; Disaster Management Center, Sri Lanka 2010, 
p. 12). However, while juveniles were detected only in coconut 
plantations during these surveys, numbers found in coconut and forest 
habitat cannot be directly compared because surveys were designed for 
determining distribution rather than species abundance or density. For 
instance, juveniles may be more difficult to detect in forest habitat 
than in coconut plantations, or a greater area of coconut plantations 
may have been searched compared to forest habitat.

P. ornata

    Poecilotheria ornata is found in the plains and hills of the 
lowland wet zone in southwestern Sri Lanka (Nanayakkara 2014a, pp. 112-
113; Smith et al. 2002, p. 90). It is one of the few solitary species 
in the genus (Nanayakkara 2014a, p. 112). In recent surveys, 23 adults 
and no juveniles were detected at 4 locations (Nanayakkara 2014b, 
unpublished data). Poecilotheria ornata is estimated to occupy less 
than 500 km\2\ (193 mi\2\) of its range (MOE 2012, p. 55), and the 
area, extent, or quality (or a combination thereof) of the species' 
habitat is considered to be in continuing decline. Poecilotheria ornata 
is categorized on the National Red List of Sri Lanka as Endangered (MOE 
2012, p. 55).

P. smithi

    Poecilotherai smithi is found in the central highlands, in Kandy 
and Matale districts (Nanayakkara et al. 2013, pp. 73-74). It was 
originally found in the wet zone at mid elevations (Kirk 1996, p. 23), 
though it is described as a montane species (Jacobi 2005, entire; Smith 
et al. 2002, p. 92). Poecilotheria smithi appears to be very rare and 
is considered highly threatened (Nanayakkara et al. 2013, p. 73; 
Gabriel et al. 2005, p. 4). The species was described in 1996, and, 
despite several efforts to locate the species during the past 20 years, 
few individuals have been found (Nanayakkara et al. 2013, pp. 73-74; 
Gabriel et al. 2005, pp. 6-7). In 2005, three adult females and four 
spiderlings were reported in the Haragama, Kandy district, an area 
described as severely impacted by several anthropogenic factors 
(Nanayakkara et al. 2013, p. 74; Gabriel et al. 2005, pp. 6-7). During 
surveys conducted in several areas of the country during 2003-2005, no 
P. smithi were found (Samarawckrama et al. 2005, entire). Finally, 
during recent surveys, the species was found at two locations with 
seven adults and nine juveniles detected (Nanayakkara 2014b, 
unpublished data). Prior to these recent surveys, the species was known 
only from the Haragama, Kandy district. However, the species was 
recently found about 31 km (19.3 mi) away from Haragama, in three trees 
within a 5-km\2\ (1.9-mi\2\) area of highly disturbed habitat 
(Nanayakkara et al. 2013, p. 74).
    Poecilotheria smithi was estimated to occupy less than 10 km\2\ 
(3.9 mi\2\) of its range (MOE 2012, p. 55) but a recently reported 
location in Matale district increases the known area of occupancy by 5 
km\2\ (1.9 mi\2\). The area, extent, or quality (or a combination 
thereof) of the species' habitat is considered to be in continuing 
decline, and the species is categorized on the National Red List of Sri 
Lanka as Critically Endangered (MOE 2012, p. 55).

P. subfusca

    Poecilotheria subfusca occurs in the wet zone of the central 
highlands of Sri Lanka, in two disjunct regions: The montane region 
above 1,500-m elevation in Nuwara Eliya and Badulla districts; and at 
500 to 600 m (1,640 to 1,968 ft) elevation in Kegalla, Kandy, and 
Matale districts (Nanayakkara 2014a, pp. 101-102, 116; Smith et al. 
2002, entire). One author (Nanayakkara 2014a, pp. 116-117) identifies 
individuals in the latter region as P. bara, which was first described 
as a species in 1917 (Chamberlin 1917, in Kirk 1996, p. 21). However, 
in the 1990s P. bara was determined to be a junior synonym of P. 
subfusca (Kirk 1996, p. 21; also see Taxonomy and Species 
Descriptions). Therefore, all reference in this finding to P. subfusca 
refers to individuals in both the high-elevation and mid-elevation 
regions.
    During recent surveys, P. subfusca was found at 10 locations, and a 
total of 25 adult and 56 juvenile P. subfusca were detected 
(Nanayakkara 2014b, unpublished data). The area of the range occupied 
by P. subfusca is less than 500 km\2\ (193 mi\2\) (MOE 2012, p. 55). 
Further, the area, extent, or quality (or a combination thereof) of P. 
subfusca's habitat is considered to be in continuing decline throughout 
its range, and the species is categorized on the National Red List of 
Sri Lanka as Endangered (MOE 2012, p. 55).

P. vittata

    Poecilotheria vittata occurs in the arid, dry, and intermediate 
zones of Hambantota and Monaragala districts in southeastern Sri Lanka 
(Kekulandala and Goonatilake 2015, unpaginated; Nanayakkara 2014a, pp. 
106-107). The species' preferred habitat is said to be Manilkara 
hexandra (Palu) trees (Nanayakkara 2014a, p. 106), a dominant canopy 
tree species in Sri Lanka's dry forest (Gunarathne and Perera 2014, p. 
15). In recent surveys, the species was found at 4 locations, and 15 
adults and 7 juveniles of P. fasciata were detected (Nanayakkara 2014b, 
unpublished data). Poecilotheria vittata is estimated to occupy less 
than 500 km\2\ (193 mi\2\) of its range (MOE 2012, p. 55), and the 
area, extent, or quality (or a combination thereof) of the species' 
habitat is considered to be in continuing decline. Poecilotheria 
vittata is categorized on the National Red List of Sri Lanka as 
Endangered (MOE 2012, p. 55).

Summary of Biological Status and Threats

    The Act directs us to determine whether any species is an 
endangered species or a threatened species because of any one or more 
of five factors or the cumulative effects thereof: (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. In this section, we summarize the 
biological condition of the species and its resources, and the 
influences on such to assess the species' overall viability and the 
risks to that viability.

Habitat Loss and Degradation

    Habitat loss and degradation are considered primary factors 
negatively affecting Poecilotheria species (Nanayakkara and Adikaram 
2013, pp. 53-54; MOE 2012, p. 55; Molur et al. 2008, pp. 1-2). Forest 
loss and degradation are likely to negatively impact the five 
petitioned species in several ways. First, forest loss and degradation 
directly eliminate or reduce the availability of trees required by 
Poecilotheria species for reproduction, foraging, and protection

[[Page 90306]]

(Samarawckrama et al. 2005, p. 76; Smith et al. 2002, entire). Second, 
due to the limited ability of Poecilotheria species to travel far, as 
well as their sedentary habits, forest loss and degradation are also 
likely to result in direct mortality of individuals or populations, via 
physical trauma caused by the activities that result in forest loss and 
degradation, or the intentional killing of these spiders when they are 
encountered by humans during these activities (see Intentional 
Killing). Such mortality not only has the potential to affect these 
species' abundances and distributions, but also their genetic 
diversity. Tarantulas have highly structured populations (See Tarantula 
General Biology), and, consequently, the loss of a local population of 
a species--due to habitat loss or any other factor-- equates to a loss 
of unique genetic diversity (Bond et al. 2006, p. 154, citing several 
sources). Finally, the loss of forest also often results in fragmented 
habitat. Due to their limited dispersal ability, forest fragmentation 
is likely to isolate Poecilotheria populations, which increases their 
vulnerability to stochastic processes (see Stochastic Processes), and 
may also expose wandering males and dispersing juveniles to increased 
mortality from intentional killing or predation when they attempt to 
cross between forest fragments (Bond et al. 2006, p. 155) (see 
Intentional Killing).
Natural Forest
    Natural forests covered almost the entire island of Sri Lanka a few 
centuries ago (Mattsson et al. 2012, p. 31). However, extensive 
deforestation occurred during the British colonial period (1815-1948) 
as a result of forest-clearing for establishment of plantation crops 
such as tea and coffee, and also exploitation for timber, slash-and-
burn agriculture (a method of agriculture in which natural vegetation 
is cut down and burned to clear the land for planting), and land 
settlement. In 1884, about midway through the British colonial period, 
closed-canopy (dense) forest covered 84 percent of the country and was 
reduced to 44 percent by 1956 (GOSL 2012, p. 2a-3-145; Nanayakkara 
1996, in Mattson et al. 2012, p. 31). Deforestation continued after 
independence as the result of timber extraction, slash-and-burn 
agriculture, human settlements, national development projects, and 
encroachment (GOSL 2012, pp. 2a-3-144-145; Perera et al. 2012, p. 165). 
As a result, dense forest cover (canopy density greater than 70 
percent) declined by half in about 50 years, to 22 percent in 2010 
(GOSL 2012, pp. 51, 2a-3-145; Nanayakkara 1996, in Mattson et al. 2012, 
p. 31). Open-canopy forest (canopy density less than 70 percent) 
covered an additional 6.8 percent of the country in 2010 for an overall 
forest cover of 28.6 percent (GOSL 2012, p. 51).
    The extent of past deforestation differed in the three climate 
zones of the country. The impacts of anthropogenic factors on forests 
in the wetter regions of the island have been more extensive due to the 
higher density of the human population in these regions. The human 
population density in the wet zone is 650 people per km\2\ (1,684 per 
mi\2\) compared to 170 people per km\2\ (440 per km\2\) in the dry zone 
and 329 per km\2\ (852 per mi\2\) nationally (GOSL 2012, p. 8). 
Currently about 13 percent of the wet zone, 15 percent of the 
intermediate zone, and 29 percent of the dry zone are densely forested 
(Table 3).
    Recent information on forest cover in the different climate zones 
is provided in GOSL 2015, GOSL 2012, and FAO 2015a, all of which 
provide information from the Forest Department of Sri Lanka. The GOSL 
2015 report provides a map of the change in forest cover between 1992 
and 2010 and a qualitative assessment of these changes. The GOSL 2012 
and FAO 2015a reports provide quantitative information on the area of 
forest cover by forest type for 1992, 1999, and 2010 and contain 
identical data from the Forest Department. The relevant forest cover 
information in these two reports is provided in Table 4. However, the 
Forest Department of Sri Lanka used different rainfall criteria to 
separate dry and intermediate zone forests, and different altitude 
criteria to separate montane and submontane forests, in different years 
(see climate zone and forest definitions in FAO 2015a, p. 6; GOSL 2012, 
p. 51; FAO 2005, p. 7; FAO 2001, pp. 16, 53). Therefore, we combine the 
information on intermediate and dry zone forests, and the information 
on montane and submontane forests in Table 4. We discuss the 
information on forest cover from the various sources by climate zone 
below.
Wet Zone Forest
    Very little wet zone forest remains in Sri Lanka. Currently, the 
area of montane and submontane forests combined is only about 733 km\2\ 
(283 mi\2\) and is severely fragmented (GOSL 2012, pp. 51, 2a-3-142). 
According to GOSL (2012, p. 51), these forests remained relatively 
stable from 1992 to 2010 (Table 4). However, satellite imagery shows 
deforestation occurred in these forests during this period, although at 
low levels (GOSL 2015, unpaginated). Further, more recent evidence 
indicates these forests are currently declining. A recent report 
indicates that activities such as firewood collection, cutting of trees 
for other domestic purposes, and gem mining are ongoing in these 
forests, and that large areas were recently illegally cleared for 
vegetable cultivation (Wijesundara 2012, p. 182). While these forests 
are protected in Sri Lanka, administering agencies do not appear to 
have sufficient resources to prevent these activities (Wijesundara 
2012, p. 182).
    The area of lowland wet zone forests (lowland rainforest) declined 
from 1992 to 2010 (Table 4). Remaining lowland rainforests are severely 
fragmented, exist primarily as small, isolated patches, and declined by 
182 km\2\ (70 mi\2\) during the 18-year period, though the rate of loss 
slowed considerably during the latter half of this period (GOSL 2012, 
p. 2a-3-142; Lindstrom et al. 2012, p. 681) (Table 4). GOSL (2015, 
unpaginated) shows low levels of deforestation throughout the lowland 
rainforest region from 1992 to 2010, and identifies a deforestation 
``hotspot'' on the border of Kalutara and Ratnapura districts, which is 
within the range of P. ornata (Fig. 1, Fig. 2).
Dry and Intermediate Zone Forests
    Dry and intermediate zone forests, which include most open-canopy 
forest (Mattsson et al. 2012, p. 30), declined by 1,372 km\2\ (530 
mi\2\) between 1992 and 2010 (Table 4). According to GOSL (2015, 
unpaginated), the rate of deforestation nationwide during this period 
was highest in Anuradhapura and Moneragala districts, in which large 
portions of the ranges of P. fasciata and P. vittata occur (see Fig. 1, 
Fig. 2). GOSL (2015, unpaginated) also report deforestation hotspots in 
other districts (for instance Puttalam and Hambantota) in which these 
species occur. Natural regeneration of dry forest species is reported 
to be very poor, and dry zone forests are heavily degraded as a result 
of activities such as frequent shifting cultivation and timber logging 
(Perera 2012, p. 165, citing several sources).

[[Page 90307]]



             Table 3--The Total Area of Sri Lanka's Climate Zones, and the Coverage of Dense Forest
 [(Canopy cover greater than 70 percent) within each zone in 2010, based on information provided in Table 2 and
                                               GOSL 2012, p. 51.]
----------------------------------------------------------------------------------------------------------------
                                                                     Area covered
                                                                      with dense
                                                                    forest (canopy
                                                                     cover greater    Proportion
            Climate zones of Sri Lanka                 Area \1\         than 70     (percent) with
                                                        (km\2\)        percent)      dense forest
                                                                     closed-canopy        \2\
                                                                    forest in 2010
                                                                        (km\2\)
--------------------------------------------------------------------------------------------------
Wet Zone..........................................          15,090           1,966              13
Intermediate Zone.................................           7,873           1,179              15
Dry Zone..........................................          39,366      \3\ 11,238              29
Arid Zone.........................................           3,281  ..............  ..............
----------------------------------------------------------------------------------------------------------------
\1\ Calculated based on proportion of land area in each climate zone as provided in Table 2, and a total land
  area of 65,610 km\2\.
\2\ Original natural extent of forest cover in each zone is unknown. However, it is likely each zone was close
  to 100% forested because, as indicated above (see Natural Forest), in 1884, after several decades of
  deforestation during the British colonial period, dense forest covered 84% of the island.
\3\ Figure is for dry monsoon forest and riverine forest. It does not include mangrove forests.


                    Table 4--Area of Sri Lanka Forest Cover in 1992, 1999, and 2010 in km\2\
    [(Based on GOSL 2012, p. 51 and FAO 2015a, pp. 8-9). Forest cover for specific forest types are for dense
    (canopy density greater than 70 percent) forest. Area of open-canopy forest (canopy density less than 70
                                        percent) is provided separately.]
----------------------------------------------------------------------------------------------------------------
           Forest types  (climate zone)                  1992            1996            2010
--------------------------------------------------------------------------------------------------
Lowland Rainforest (Wet)..........................           1,416           1,243           1,233
Submontane and montane Forest (Wet)...............             719             689             733
Moist monsoon + dry monsoon + riverine forest (Dry          13,606          12,679          12,417
 and Intermediate)................................
Open-canopy forest (Dry)..........................           4,638           4,716           4,455
----------------------------------------------------------------------------------------------------------------

Forest Conservation Measures
    Sri Lanka has taken several steps in recent decades to conserve its 
forests, and these efforts have contributed to the slowing of 
deforestation in the country (GOSL 2012, pp. 54-55). In 1990 the 
country imposed a moratorium, which is still in effect, on logging in 
all natural forests, has marked most forest and wildlife reserve 
boundaries to stem encroachments, and prepared and implemented 
management plans for forest and wildlife reserves, which became legal 
requirements under the Forest Ordinance Amendment Act No. 65 of 2009 
and the Fauna and Flora Ordinance Amendment Act No. 22 of 2009 (GOSL 
2014, p. 26). The government also encourages community participation in 
forest and protected area management, has implemented programs to 
engage residents in community forestry to reduce encroachment of cash 
crops and tea in the wet zone and slash-and-burn agriculture in the dry 
zone, and encourages use of non-forest lands and private woodlots for 
meeting the demands for wood and wood products (GOSL 2014, p. 26). In 
addition to these efforts, between 12 percent (GOSL 2015, unpaginated) 
and 28 percent (GOSL 2014, pp. xvi, 23) of the country's land area is 
reported to be under protected area status.
    Although considerable efforts have been undertaken in Sri Lanka in 
recent years to stop deforestation and forest degradation, these 
processes are ongoing (see Current and Future Forest Trends). The 
assessment of the status of natural forests during the Species Red List 
assessments in 2012 indicate that, despite advances in forest 
conservation in the country, many existing threats continue to impact 
forest habitats (GOSL 2014, p. 26). While laws and regulations are in 
place to address deforestation, issues exist regarding their 
implementation (GOSL 2012, pp. 55, 2a-3-148-150). For instance, lack of 
financial assistance for protected area management, increasing demand 
for land, and regularization of land encroachments, result in further 
loss of the forest habitat of the five species addressed in this 
finding (GOSL 2014, p. 22; GOSL 2011, unpaginated). Also, there is poor 
coordination between government agencies with respect to forest 
conservation--conservation agencies are not always adequately consulted 
on initiatives to develop forested land (GOSL 2014, p. 22; MOE 2010, p. 
31). In addition, many protected areas within the wet zone are small, 
degraded, and isolated (GOSL 2014, p. 31).
Current and Future Forest Trends
    The current drivers of deforestation and forest degradation in Sri 
Lanka include a variety of factors such as small-scale encroachments, 
illicit timber harvesting, forest fires, destructive mining practices, 
and clearing of forest for developments, settlements, and agriculture 
(GOSL 2012, p. 12). These are exacerbated by a large, dense human 
population that is projected to increase from 20.7 million in 2015 to 
21.5 million in 2030 (United Nations 2015, p. 22). While the majority 
of forested areas are protected areas, further population growth is 
likely to result in reduction of forested areas because (1) Sri Lanka 
already has a very high human density (329 people per km\2\ (852 per 
mi\2\)), (2) increases in the population will elevate an already high 
demand for land, and (3) little non-forested land is available for 
expansion of housing, development, cash crops, or subsistence 
agriculture (GOSL 2012, pp. 8, 14, 58). Most (72%) of the population of 
Sri Lanka is rural, dependence on agriculture for subsistence is 
widespread, and the rate of population growth is higher in rural areas 
resulting in an increasing demand for land for subsistence (Lindstrom 
et al. 2012, p. 680; GOSL 2011, unpaginated).
    The current drivers of deforestation and forest degradation are 
also exacerbated by high economic returns

[[Page 90308]]

from illicit land conversions, lack of alternative livelihood 
opportunities for those practicing slash-and-burn agriculture, and, in 
the dry zone, weak implementation of land-use policy, and poverty (GOSL 
2012, pp. 14-15). Further, for the 30 years prior to 2009, Sri Lanka 
was engaged in a civil war and, although the war took place primarily 
in the dry zone of the northern and eastern regions of the country, 
limited deforestation rates during the past few decades are attributed 
not only to the inaccessibility of many areas of the dry zone during 
the war, but also to the slow pace of development in the country as a 
whole during this period (GOSL 2012, pp. 48, 56-57).
    Overall, deforestation and forest degradation in Sri Lanka are 
ongoing, although recent rates of deforestation are much lower than 
during the mid- to late- 20th century--the rate of deforestation during 
1992-2010 was 71 km\2\ (27.4 mi\2\) per year, compared to 400 km\2\ 
(154 mi\2\) per year during 1956-1992 (GOSL 2015, unpaginated). 
However, since the end of Sri Lanka's civil war in 2009, the government 
has been implementing an extensive 10-year development plan with the 
goal of transforming the country into a global economic and industrial 
hub (Buthpitiya 2013, p. ii; Central Bank of Sri Lanka 2012, p. 67; 
Ministry of Finance and Planning--Sri Lanka (MOFP) 2010, entire). The 
plan includes large infrastructure projects throughout the country 
(MOFP 2010, entire). Projects include, among other things, development 
of seaports, airports, expressways, railways, industrial parks, power 
plants, and water management systems that will allow for planned 
expansion of agriculture, and many of these projects have already 
started (Buthpitiya 2013, pp. 5-6; Central Bank of Sri Lanka 2012, p. 
67; MOFP 2010, entire). They also include projects located within the 
ranges of all five species addressed in this finding, although the plan 
does not provide the amount of area that will be impacted by these 
projects (Fig. 2 and MOFP 2010, pp. 63, 93, 101, 202-298). The rate of 
loss of natural forest (primary forest and other naturally regenerated 
forest) increased from 60 km\2\ (23 mi\2\) per year during 2000-2010 to 
86 km\2\ (33 mi\2\) per year during 2010-2015 (FAO 2015b, pp. 44, 50). 
As post-war reconstruction and development continues in Sri Lanka, 
deforestation and forest degradation can be expected to rise (GOSL 
2012, p. 2a-3-146).
Coconut Plantations
    Coconut is grown throughout Sri Lanka. Most (57 percent) of the 
area under coconut cultivation is in the intermediate and wet zones 
north of Colombo (MOE 2011, p. 14), which overlaps with the southern 
portion of the range of P. fasciata. As indicated above, P. fasciata 
are sometimes found in coconut plantations in Sri Lanka, although the 
extent to which coconut plantations contribute to sustaining viable 
populations of these species is unknown. This is particularly the case 
because (1) tarantulas are poor dispersers (see Tarantula General 
Biology), (2) colonization of coconut plantations by the species 
appears to depend on the occurrence of occupied natural forest in 
relatively close proximity to coconut plantations (Smith et al. 2001, 
entire), and (3) very little natural forest remains in the coconut 
growing region in which P. fasciata occurs (Fig. 2 and GOSL 2015, 
unpaginated; MOE 2014, p. 94).
    The aerial extent of coconut cultivation in Sri Lanka has varied 
between about 3,630 and 4,200 km\2\ (1,402 and 1,622 mi\2\) since 2005 
(Central Bank of Sri Lanka 2014, Statistical Appendix, Table 13), with 
no clear directional trend. However, due to the rising human population 
and resulting escalating demand for land in Sri Lanka, plantations have 
become increasingly fragmented due to conversion of these lands to 
housing (GOSL 2014, pp. 26-27). As indicated above, due to their 
limited dispersal ability, forest fragmentation is likely to isolate 
Poecilotheria populations, which increases their vulnerability to 
stochastic processes (see Stochastic Processes), and may also expose 
wandering males and dispersing juveniles to increased mortality from 
intentional killing or predation when they attempt to cross between 
forest fragments (Bond et al. 2006, p. 155) (see Intentional Killing). 
Thus, even though P. fasciata uses coconut plantations to some extent, 
fragmentation of this habitat is likely to isolate populations and 
increase their vulnerability to stochastic processes, intentional 
killing, and predation.
Summary
    Sri Lanka has lost most of its forest cover due to a variety of 
factors over the past several decades. Very little (1,966 km\2\ (759 
mi\2\)) wet zone forest--in which the ranges of P. ornata, P. smithi, 
and P. subfusca occur--remains in the country, the remainder is highly 
fragmented, and continues to be lost. Only about 35 percent (16,872 
km\2\ (6,514 mi\2\)) of dense and open canopy dry and intermediate zone 
forests--in which the ranges of P. fasciata and P. vittata occur--
remain, deforestation in these forests is ongoing, and recent rates of 
deforestation in the country have been highest in regions constituting 
large portions of the ranges of these two species. Forest cover 
continues to decline at a rate of 86 km\2\ (33 mi\2\) per year and the 
rate of loss is higher in the dry zone than the wet zone. While the 
current rate of forest loss is much lower than in the previous century, 
the rate of loss of natural forest is increasing and is anticipated to 
increase in the future with the country's emphasis on development and 
the projected population increase of 800,000 people. While coconut 
plantations provide additional habitat for one species (P. fasciata) in 
some areas, they are becoming increasingly fragmented due to demand for 
housing.
    Tarantulas have sedentary habits, limited dispersal ability, and 
highly structured populations. Therefore, loss of habitat has likely 
resulted in direct loss of individuals or populations and, 
consequently, a reduction in the distribution and genetic diversity of 
these species. The distribution of these species is already limited--
each currently occupies less than 500 km\2\ (193 mi\2\) or, for P. 
smithi, less than 10 to 15 km\2\ (3.9 to 5.8 mi\2\) of its range--and 
deforestation continues within the ranges of all five species discussed 
in this finding. Further, the limited distribution of these species is 
likely continuing to decline with ongoing loss of habitat. While the 
specific amount of habitat area required to maintain the long term 
viability of each of these species is unknown, given that (1) these 
species' have very small distributions, (2) there is little forest 
remaining in Sri Lanka, (3) remaining habitat is fragmented, and (4) 
deforestation is ongoing within these species' ranges, we conclude that 
habitat loss is likely currently having significant negative impacts on 
the viability of these species.

Pesticides

    Pesticides are identified as a threat to Poecilotheria species in 
Sri Lanka (Nanayakkara 2014b, unpublished data; Gabriel 2014, 
unpaginated). The five species addressed in this finding could 
potentially be exposed to pesticides via pesticide drift into forests 
that are adjacent to crop-growing areas; by traveling over pesticide 
treated land when dispersing between forest patches; or by consuming 
prey that have been exposed to pesticides. Populations of these species 
could potentially be directly affected by pesticides through

[[Page 90309]]

increased mortality or through sub-lethal effects such as reduced 
fecundity, fertility, and offspring viability, and changes in sex 
ratio, behavior, and dispersal (Nash et al. 2010, p. 1694, citing 
several sources). Poecilotheria species may also be indirectly affected 
by pesticides if pesticides result in a reduction or depletion of 
available prey.
    There are over 100 pesticide (herbicide, fungicide, and 
insecticide) active ingredients registered for use in Sri Lanka. Among 
the most commonly used insecticides are carbofuran, diazinon, and 
chloropyrifos (Padmajani et al. 2014, pp. 11-12). These are broad 
spectrum, neurotoxic insecticides, which tend to have very negative 
effects on non-target organisms (Pekar 2013, p. 415). Further, sit-and-
wait predators appear to be more sensitive to insecticide applications 
than web-making spiders (Pekar 1999, pp. 1077).
    The use of pesticides in Sri Lanka has been increasing steadily 
since the 1950s (Selvarajah and Thiruchelvam 2007, p. 381). Pesticide 
imports into Sri Lanka increased by 50 percent in 2011 compared to 2006 
(Padmajani et al. 2014, p. 11). The level of misuse and overuse of 
pesticides in Sri Lanka is high. Depending on region and crop species, 
33 to 60 percent of Sri Lankan farmers use greater amounts, higher 
concentrations, or more frequent applications of pesticides (or a 
combination of these) than is recommended (Padmajani et al. 2014, pp. 
13, 31, citing several sources).
    The susceptibility of spiders to the direct effects of different 
pesticides varies with pesticide type and formulation, spider species, 
development stage, sex, and abiotic and biotic conditions at the time 
of pesticide application (Pekar 2013, pp. 416-417). Further, different 
classes of pesticides can cause different sub-lethal effects. For 
instance, activities such as movement, prey capture, reproduction, 
development, and defense are particularly disrupted by neurotoxic 
formulations because they are governed by complex neural interactions. 
However, spiders can potentially recover from sub-lethal effects over 
several days (Pekar 2013, p. 417), although the effects are complicated 
by the potential for cumulative effects of multiple applications across 
a season (Nash et al. 2010, p. 1694).
    We are not aware of any information on the population level effects 
of pesticides on Poecilotheria species. However, given the large 
proportion of Sri Lanka's human population that is reliant on farming, 
the high level of misuse and overuse of pesticides in the country, and 
the broad-spectrum and high level of toxicity of the insecticides 
commonly used in the country, it is likely that the species addressed 
in this finding are directly or indirectly negatively affected by 
pesticides to some extent. Therefore, while the population level 
effects of pesticides on the five species addressed in this finding are 
uncertain, the effects of pesticides likely exacerbate the effects of 
other threats acting on these species.

Climate Change

    The Intergovernmental Panel on Climate Change (IPCC) concluded that 
warming of the climate system is unequivocal (IPCC 2013, p. 4). 
Numerous long-term climate changes have been observed including changes 
in land surface temperatures, precipitation patterns, ocean temperature 
and salinity, sea ice extent, and sea level (IPCC 2013, pp. 4-12). 
Various types of changes in climate can have direct or indirect effects 
on species. These effects may be positive, neutral, or negative and 
they may change over time, depending on the species and other relevant 
considerations, such as the effects of interactions of climate with 
other variables (e.g., habitat fragmentation) (IPCC 2007, pp. 8-14, 18-
19). However, a large fraction of terrestrial and freshwater species 
face increased extinction risk under projected climate change during 
and beyond the current century, especially as climate change interacts 
with habitat modification and other factors such as overexploitation, 
pollution, and invasive species (Settele et al. 2014, p. 275).
    Maintenance of body temperature and water relations by spiders is 
critical to their survival. All spiders, including Poecilotheria, are 
ectotherms and, therefore, their body temperature varies with that of 
their environment. While spiders keep body temperature within tolerable 
limits through behaviors such as moving into shade when temperatures 
rise (Pulz 1987, pp. 27, 34-35), they are susceptible to rapid 
fluctuations in body temperature and severe depletion of body water 
stores due to their relatively low body mass and high surface to volume 
ratio (Pulz 1987, p. 27).
    Tropical ectotherms evolved in an environment of relatively low 
inter- and intra-annual climate variability, and already live near 
their upper thermal limits (Settele et al. 2014, p. 301; Deutsch et al. 
2008, p. 6669). Their capacity to acclimate is generally low. They have 
small thermal safety margins, and small amounts of warming may decrease 
their ability to perform basic physiological functions such as 
development, growth, and reproduction (Deutsch et al. 2008, pp. 6668-
6669, 6671). Evidence also indicates they may have low potential to 
increase their resistance to desiccation (Schilthuizen and Kellerman 
2014, p. 61, citing several sources).
    While observed and projected changes in temperature and 
precipitation could potentially be within the tolerance limits of the 
Poecilotheria species addressed in this finding, it is possible that 
climate change could directly negatively affect these species through 
rising land surface temperatures, changes in the amount and pattern of 
precipitation, and increases in the frequency and intensity of extreme 
climate events such as heat waves or droughts. It is also possible that 
climate change could indirectly negatively affect these species, by 
negatively impacting populations of their insect prey species, which 
are also tropical ectotherms. In the only detailed observations of a 
Sri Lankan Poecilotheria species, Smith et al. (2001, entire) indicate 
that P. fasciata found in natural forest were emaciated and without 
spiderlings during an extended drought, while those found in an 
irrigated plantation had wider girths and spiderlings (see Species -
Specific Information). These observations indicate that the lack of 
reproduction in natural forest during the drought may have been due 
either to desiccation stress or lack of available prey, or both, as a 
result of low moisture levels.
    The general trend in temperature in Sri Lanka over the past several 
decades is that of increasing temperature, though with considerable 
variation between locations in rates and magnitudes of change (De Costa 
2008, p. 87; De Silva et al. 2007, p. 21, citing several sources). Over 
the six to ten decades prior to 2007, temperatures have increased 
within all climate zones of the country, although rates of increase 
vary from 0.065 [deg]C (0.117[emsp14][deg]F) per decade in Ratnapura 
(an increase of 0.65 [deg]C (1.17[emsp14][deg]F) during the 97-year 
period analyzed) in the lowland wet zone, to 0.195 [deg]C 
(0.351[emsp14][deg]F) per decade in Anuradhapura (an increase of 1.50 
[deg]C (2.70[emsp14][deg]F) during the 77-year period analyzed) in the 
dry zone. In the montane region, temperatures increased at a rate of 
0.141 [deg]C (0.254[emsp14][deg]F) per decade at Nuwara Eliya to 0.191 
[deg]C (0.344[emsp14][deg]F) per decade at Badulla (increases of 1.09 
and 1.47 [deg]C (1.96 and 2.65[emsp14][deg]F) during the 77-year period 
analyzed, respectively) (De Costa 2008, p. 68). The rate of warming has 
increased in more recent years--overall temperature in the country 
increased at a rate of 0.003 [deg]C (0.005[emsp14][deg]F) per year 
during 1896-1996, 0.016 [deg]C (0.029[emsp14][deg]F)

[[Page 90310]]

per year during 1961-1990, and 0.025 [deg]C (0.045[emsp14][deg]F) per 
year during 1987-1996 (Eriyagama et al. 2010, p. 2, citing several 
sources). Depending on future climate scenarios, temperatures are 
projected to increase by 2.93 to 5.44 [deg]C (5.27 to 
9.49[emsp14][deg]F) by the end of the current century in South Asia 
(Cruz et al. 2007, in Eriyagama et al. 2010, p. 6). Downscaled 
projections for Sri Lanka using regional climate models report 
increases of 2.0 to 4.0 [deg]C (3.6 to 7.2[emsp14][deg]F) by 2100, 
while statistical downscaling of global climate models report increases 
of 0.9 to 3 [deg]C (1.62 to 5.4[emsp14][deg]F) by 2100 and 1.2 to 1.3 
[deg]C (2.16 to 2.34[emsp14][deg]F) by 2050 (Eriyagama et al. 2010, p. 
6, citing several sources).
    Studies show a decreasing trend in rainfall in Sri Lanka over the 
past several decades (see De Costa 2008, p. 87; De Silva et al. 2007, 
p. 21, citing several sources) although, according to the Climate 
Change Secretariat of Sri Lanka (2015, p. 19) there is no consensus on 
this fact. However, authors appear to agree that the intensity and 
frequency of extreme events such as droughts and floods have increased 
(Imbulana et al 2016 and Ratnayake and Herath 2005, in Climate Change 
Secretariate of Sri Lanka 2015, p. 19).
    Rainfall in Sri Lanka is highly variable from year to year, across 
seasons and across locations within any given year (Jayatillake et al. 
2005, p. 70). Statistically significant declines in rainfall have been 
observed for the period 1869-2007 at Anuradhapura in the northern dry 
zone (12.92 mm (5.08 in) per decade), and Badulla, Kandy, and Nuwara 
Eliya (19.16, 30.50, and 51.60 mm (0.75, 1.20, and 2.03 in) per decade, 
respectively) in the central highlands (De Costa 2008, p. 77). 
Significant declines have also been observed in more recent decades at 
Kurunegala in western Sri Lanka's intermediate zone (120.57 mm (4.75 
in) per decade during 1970-2007) and Ratnapura (41.02 mm (1.61 in) per 
decade during 1920-2007) (De Costa 2008, p. 77). Further, a significant 
trend of decreasing rainfall with increasing temperature exists at 
Anuradhapura, Kurunegala, and Nuwara Eliya (De Costa 2008, pp. 79-81). 
Patterns of future rainfall in the country are highly uncertain--
studies provide variable and conflicting projections (Eriyagama et al. 
p. 6, citing several sources). However, an increased frequency of dry 
periods and droughts are expected (MOE 2010, p. 35).
    While at least one of the species addressed in this finding appears 
to be vulnerable to drought, the responses of the five petitioned 
Poecilotheria species to observed and projected climate change in Sri 
Lanka are largely unknown. However, the climate in Sri Lanka has 
already changed considerably in all climate zones of the country, and 
continues to change at an increasing rate. These species evolved in 
specific, relatively stable climates and, because they are tropical 
ectotherms, may be sensitive to changing environmental conditions, 
particularly temperature and moisture (Deutsch et al. 2008, pp. 6668-
6669; Schilthuizen and Kellerman 2014, pp. 59-61, citing several 
sources). Moreover, because they have poor dispersal ability, 
Peocilotheria are unlikely to be able to escape changing climate 
conditions via range shifts. Therefore, while population level 
responses of the five species addressed in this finding to observed and 
projected changes in climate are not certain, the stress imposed on 
these species by increasing temperatures and changing patterns of 
precipitation is likely exacerbating the effects of other factors 
acting on these species such as habitat loss and degradation, and 
stochastic processes. This is especially the case for P. fasciata 
because (1) the frequency and intensity of droughts has increased and 
are expected to continue increasing, (2) based on the best available 
information, the species fails to reproduce in natural forest during 
extended droughts, and (3) most populations have been found in natural 
forest.

Trade

    Poecilotheria species are popular in trade due to their striking 
coloration and large size (Nanayakkara 2014a, p. 86; Molur et al. 2006, 
p. 23). In 2000, concerned about increasing trade in these species, Sri 
Lanka and the United States co-sponsored a proposal to include the 
genus in Appendix II of the Convention on International Trade in 
Endangered Species of Wild Fauna and Flora (CITES) (Government of Sri 
Lanka and Government of the United States 2000, entire). However, at 
the 11th Conference of the Parties, the proposal was criticized as 
containing too little information on international trade and species' 
distribution limits. It was further noted that the genus was primarily 
threatened by habitat destruction, and was not protected by domestic 
legislation in India. No consensus was reached on the proposal--there 
were 49 votes in favor, 30 against, and 27 abstentions--and the 
proposal was therefore rejected (Convention on International Trade in 
Endangered Species 2000, p. 50).
    Collection of Poecilotheria specimens from the wild could 
potentially have significant negative impacts on Poecilotheria 
populations. Due to the patchy distributions and poor dispersal 
abilities of tarantulas, collection of several individuals from a 
single location could potentially reduce the abundance or distribution 
of a species, especially those with restricted distributions (Molur et 
al. 2006, p. 14; West et al. 2001, unpaginated). Further, because 
tarantula populations are highly structured, loss of individuals from a 
single location could result in significant loss of that species' 
genetic diversity (Bond 2006, p. 154). Collection of a relatively large 
number of individuals from a single population could also alter 
population demographics such that the survival of a species or 
population is more vulnerable to the effects of other factors, such as 
habitat loss.
    Collection of species from the wild for trade often begins when a 
new species is described or when a rare species has been rediscovered. 
Alerted to a new or novel species, collectors arrive at the reported 
location and set out collecting the species from the wild (Molur et al. 
2006, p. 15; Stuart et al. 2006, entire). For tarantulas, adult females 
may be especially vulnerable to collection pressures as collectors 
often attempt to capture females, which produce young that can be sold 
(Capannini 2003, p. 107). Collectors then sell the collected specimens 
or their offspring to hobbyists who captive-rear the species and 
provide the pet trade with captive-bred specimens (Gabriel 2014, 
unpaginated; Molur et al. 2006, p. 16). Thus, more individuals are 
likely to be captured from the wild during the period in which captive-
breeding stocks are being established, in other words, prior to the 
species becoming broadly available in trade (Gabriel 2014, 
unpaginated).
    All five of the petitioned endemic Sri Lankan species are bred by 
hobbyists and vendors and are available in the pet trade as captive-
bred individuals in the United States, Europe, and elsewhere (see 
Herndon 2014, pers. comm.; Elowsky 2014, unpaginated; Gabriel 2014, 
unpaginated; Longhorn 2014a, unpaginated; Longhorn 2014b; Mugleston 
2014, unpaginated; U.S. Fish and Wildlife Service Division of 
Management Authority 2012, in litt.). Captive-bred individuals appear 
to supply the majority of the current legal trade in these species, at 
least in the United States. The Service's Law Enforcement Management 
Information System contains information on U.S. international trade in 
three of these species--P. fasciata, P. ornata, and P. vittata (it does 
not currently collect information on P. smithi or P. subfusca).

[[Page 90311]]

Of the 400 individuals of these species that were legally imported 
into, or exported or re-exported from, the United States during 2007-
2012, 392 (98 percent) were declared as captive-bred (U.S. Fish and 
Wildlife Service Division of Management Authority 2012, in litt.). 
However, wild individuals of at least some of the petitioned species 
are still being collected (Nanayakkara 2014a, p. 86; Nanayakkara 2014b, 
unpublished data; U.S. Fish and Wildlife Service Division of Management 
Authority 2012, in litt.). Nanayakkara (2014, p. 85) and Samarawckrama 
et al. (2005, p. 76) indicate that there is evidence of illegal 
smuggling from Sri Lanka, although they do not provide details. 
Further, of the 400 individuals of Sri Lankan Poecilotheria imported 
into, or exported or re-exported from, the United States during 2007-
2012, 8 P. vittata were declared as wild-caught. It is possible that 
additional wild-caught individuals of the Sri Lankan petitioned species 
were (or are) not included in this total because they are imported into 
the United States illegally, or imported into other countries. However, 
we are not aware of any information indicating whether, or to what 
extent, that activity occurs.
    Sri Lanka prohibits the commercial collection and exportation of 
all Poecilotheria species, under the Sri Lanka Flora and Fauna 
Protection (Amendment) Act, No. 22 of 2009, which is part of the Fauna 
and Flora Protection Ordinance No. 2 (1937) (DLA Piper 2015, p. 392; 
Government of Sri Lanka and Government of the United States 2000, p. 
5). However, enforcement is weak and influenced by corruption (DLA 
Piper 2015, p. 392; GOSL 2012, p. 2a-3-149)
    In sum, individuals of at least some of these species are currently 
being collected from the wild. However, the extent to which this 
activity is occurring is unknown, as is the extent to which these 
species have been, or are being, affected by collection. Based on the 
available information on U.S. imports, a small amount of trade occurs 
in wild specimens of these species. However, it is likely that more 
wild specimens enter Europe or Asia than the United States due to the 
closer proximity of Sri Lanka to Europe and Asia and consequent 
increased ease of travel and transport of specimens. Further, even 
small amounts of collection of species with small populations can have 
a negative impact on the species. Given that evidence indicates that 
low levels of collection of at least some of these species from the 
wild continues to occur, it is likely that collection for trade is 
exacerbating population effects of other factors negatively impacting 
these species, such as habitat loss and degradation, and stochastic 
processes.

Intentional Killing

    Poecilotheria spiders are feared by humans in Sri Lanka and, as a 
result, are usually killed when encountered (Kekulandala and 
Goonatilake 2015, unpaginated; Nanayakkara 2014a, p. 86; Gabriel 2014, 
unpaginated; Smith et al. 2001, p. 49). Intentional killing of 
Poecilotheria spiders may negatively impact the five petitioned species 
by raising mortality rates in these species' populations to such an 
extent that populations decline or are more vulnerable to the effects 
of other factors, such as habitat loss. Adult male Poecilotheria are 
probably more vulnerable to being intentionally killed because they 
wander in search of females during the breeding season (see Tarantula 
General Biology) and thus are more likely to be encountered by people. 
Consequently, intentional killing could potentially reduce the density 
of males in an area. Because the mating of a female depends on a male 
finding her, and males search for females randomly, a reduction in the 
density of males could result in a reduction in the percent of females 
laying eggs in any given year (Stradling 1994, p. 96) and, 
consequently, a lower population growth rate.
    We are not aware of any information on the number of individuals of 
the petitioned species that are intentionally killed by people. 
However, in areas where these species occur, higher human densities are 
likely to result in higher human contact with these species and, 
consequently, higher numbers of spiders killed. The human population 
density in Sri Lanka is much higher in the wet zone (see Habitat Loss 
and Degradation). Therefore, it is likely that P. ornata, P. smithi, 
and P. subfusca are affected by intentional killing more than P. 
fasciata and P. vittata. Although we are not aware of any information 
indicating the numbers of individuals of these species that are 
intentionally killed each year, it is likely that such killing is 
exacerbating the negative effects of other factors, such as habitat 
loss and degradation, on these species' populations.

Stochastic (Random) Events and Processes

    Species endemic to small regions, or known from few, widely 
dispersed locations, are inherently more vulnerable to extinction than 
widespread species because of the higher risks from localized 
stochastic (random) events and processes, such as floods, fire, 
landslides, and drought (Brooks et al. 2008, pp. 455-456; Mangel and 
Tier 1994, entire; Pimm et al. 1988, p. 757). These problems can be 
further magnified when populations are very small, due to genetic 
bottlenecks (reduced genetic diversity resulting from fewer individuals 
contributing to the species' overall gene pool) and random demographic 
fluctuations (Lande 1988, p. 1455-1458; Pimm et al. 1988, p. 757). 
Species with few populations, limited geographic area, and a small 
number of individuals face an increased likelihood of stochastic 
extinction due to changes in demography, the environment, genetics, or 
other factors, in a process described as an extinction vortex (a mutual 
reinforcement that occurs among biotic and abiotic processes that 
drives population size downward to extinction) (Gilpin and Soule[acute] 
1986, pp. 24-25). The negative impacts associated with small population 
size and vulnerability to random demographic fluctuations or natural 
catastrophes can be further magnified by synergistic interactions with 
other threats.
    P. smithi is known from very few widely dispersed locations and is 
likely very rare (see Species--Specific Information). Therefore, it is 
highly likely that P. smithi is extremely vulnerable to stochastic 
processes and that the species is highly likely negatively impacted by 
these processes. The remaining four petitioned Sri Lankan species have 
narrow ranges within specific climate zones of Sri Lanka. It is unclear 
whether the range sizes of these four are so small that stochastic 
processes on their own are likely to have significant negative impacts 
on these species. However, stochastic processes may have negative 
impacts on these species in combination with other factors such as 
habitat loss, because habitat loss can further fragment and isolate 
populations.

Determinations

    Section 4 of the Act (16 U.S.C. 1533), and its implementing 
regulations at 50 CFR part 424, set forth the procedures for adding 
species to the Federal Lists of Endangered and Threatened Wildlife and 
Plants. Under section 4(a)(1) of the Act, we may list a species based 
on (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. Listing

[[Page 90312]]

actions may be warranted based on any of the above threat factors, 
singly or in combination.
    We have carefully assessed the best scientific and commercial 
information available on P. fasciata, P. ornata, P. subfusca, P. 
smithi, and P. vittata. While population information is not available 
on these species, the best available information indicates these 
species' populations have experienced extensive declines in the past 
and their populations continue to decline. Tarantulas have limited 
dispersal ability and sedentary habits, and, therefore, the loss of 
habitat (Factor A) likely results in direct loss of individuals or 
populations and, consequently, a reduction in the distribution of the 
species. As a result, it is highly likely that the extensive loss of 
forest (71 percent in the dry zone, 85 percent in the intermediate 
zone, and 87 percent in the wet zone) over historical levels resulted 
in extensive reductions in these species' populations, and that their 
populations continue to decline with ongoing deforestation. Further, 
because these species likely have highly structured populations, 
reductions in these species' populations have likely resulted in 
coincident loss of these species' unique genetic diversities, eroding 
the adaptive and evolutionary potential of these species (Bond 2006, p. 
154).
    All five of the petitioned Sri Lankan species have restricted 
ranges within specific regions and climates of Sri Lanka and are 
currently estimated to occupy areas of less than 500 km\2\ (193 mi\2\), 
and less than 10-15 km\2\ (4-6 mi\2\) for P. smithi. Due to the life-
history traits of tarantulas--restricted range, sedentary habits, poor 
dispersal ability, and structured populations--these species are 
vulnerable to habitat loss. Extensive habitat loss (Factor A) has 
already occurred in all the climate zones in which these species occur, 
and deforestation is ongoing in the country. Further, the cumulative 
effects of changing climate, intentional killing, pesticides, capture 
for the pet trade, and stochastic processes are likely significantly 
exacerbating the effects of habitat loss.
    Therefore, for the following reasons we conclude that these 
species' resiliency, redundancy, and representation have been and 
continue to be significantly reduced to the extent that the viability 
of each of these five species is significantly compromised:
    (1) These species are closely tied to their habitats, little of 
their forest habitat remains, deforestation is ongoing in these 
habitats, and these species are vulnerable to habitat loss;
    (2) these species' have poor dispersal ability, are unlikely to be 
able to escape changing climate conditions via range shifts, and Sri 
Lanka's climate is changing at increasing rates;
    (3) the cumulative effects of climate change, intentional killing, 
pesticides, capture for the pet trade, and stochastic processes are 
likely significantly exacerbating the effects of habitat loss; and
    (4) P. smithi is known from few locations, is likely rare, and very 
likely vulnerable to stochastic processes.
    The Act defines an endangered species in section 3(6) of the Act as 
any species that is ``in danger of extinction throughout all or a 
significant portion of its range'' and a threatened species in section 
3(20) of the Act as any species that is ``likely to become an 
endangered species within the foreseeable future throughout all or a 
significant portion of its range.'' We find that P. fasciata, P. 
ornata, P. smithi, P. subfusca, and P. vittata are presently in danger 
of extinction throughout their ranges based on the likely severity and 
immediacy of threats currently impacting these species. The populations 
and distributions of these species have likely been significantly 
reduced; the remaining habitat and populations are threatened by a 
variety of factors acting alone and in combination to reduce the 
overall viability of the species.
    Based on the factors described above and their impacts on P. 
fasciata, P. ornata, P. smithi, P. subfusca, and P. vittata, we find 
the following factors to be threats to these species (i.e., factors 
contributing to the risk of extinction of this species): Loss of 
habitat (Factor A; all five species), stochastic processes (Factor E; 
P. smithi), and the cumulative effects (Factor E; all five species) of 
these and other threats including climate change, intentional killing, 
pesticide use, and capture for the pet trade. Furthermore, despite laws 
in place to protect these five species and the forest and other habitat 
they depend on, these threats continue (Factor D). We consider the risk 
of extinction of these five species to be high because these species 
are vulnerable to habitat loss, this process is ongoing, and these 
species have limited potential to recolonize reforested areas or move 
to more favorable climate. Therefore, on the basis of the best 
available scientific and commercial information, we propose listing P. 
fasciata, P. ornata, P. smithi, P. subfusca, and P. vittata as 
endangered in accordance with sections 3(6) and 4(a)(1) of the Act. We 
find that a threatened species status is not appropriate for these 
species because of their restricted ranges, limited distributions, and 
vulnerability to extinction; and because the threats are ongoing 
throughout their ranges at a level which places these species in danger 
of extinction now.
    Under the Act and our implementing regulations, a species may 
warrant listing if it is endangered or threatened throughout all or a 
significant portion of its range. Because we have determined that P. 
fasciata, P. ornata, P. smithi, P. subfusca, and P. vittata are 
endangered throughout all of their ranges, no portion of its range can 
be ``significant'' for purposes of the definitions of ``endangered 
species'' and ``threatened species.'' See 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'' (79 FR 37577, July 1, 2014).

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition of conservation status, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition through listing encourages and results in public 
awareness and conservation actions by Federal and State governments in 
the United States, foreign governments, private agencies and groups, 
and individuals.
    Section 7(a) of the Act, as amended, and as implemented by 
regulations at 50 CFR part 402, requires Federal agencies to evaluate 
their actions that are to be conducted within the United States or upon 
the high seas, with respect to any species that is proposed to be 
listed or is listed as endangered or threatened. Because P. fasciata, 
P. ornata, P. smithi, P. subfusca, and P. vittata are not native to the 
United States, no critical habitat is being proposed for designation 
with this rule. Regulations implementing the interagency cooperation 
provision of the Act are codified at 50 CFR part 402. Section 7(a)(2) 
of the Act requires Federal agencies to ensure that activities they 
authorize, fund, or carry out are not likely to jeopardize the 
continued existence of a listed species or to destroy or adversely 
modify its critical habitat. If a proposed Federal action may adversely 
affect a listed species, the responsible Federal agency must enter into 
formal consultation with the Service. Currently, with respect to P. 
fasciata, P. ornata, P. smithi, P. subfusca, and P. vittata, no Federal 
activities are known that would require consultation.
    Section 8(a) of the Act authorizes the provision of limited 
financial assistance for the development and management of

[[Page 90313]]

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 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.
    Section 9 of the Act and our implementing regulations at 50 CFR 
17.21 set forth a series of general prohibitions that apply to all 
endangered wildlife. These prohibitions, in part, make it illegal for 
any person subject to the jurisdiction of the United States to ``take'' 
(which includes harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect; or to attempt any of these) endangered wildlife 
within the United States or upon the high seas. It is also illegal to 
possess, sell, deliver, carry, transport, or ship any such wildlife 
that has been taken illegally. In addition, it is illegal for any 
person subject to the jurisdiction of the United States to import; 
export; deliver, receive, carry, transport, or ship in interstate or 
foreign commerce, by any means whatsoever and in the course of 
commercial activity; or sell or offer for sale in interstate or foreign 
commerce any listed species. Certain exceptions apply to employees of 
the Service, the National Marine Fisheries Service, other Federal land 
management agencies, and State conservation agencies.
    We may issue permits to carry out otherwise prohibited activities 
involving endangered wildlife under certain circumstances. Regulations 
governing permits for endangered species are codified at 50 CFR 17.22. 
With regard to endangered wildlife, a permit may be issued for the 
following purposes: for scientific purposes, to enhance the propagation 
or survival of the species, and for incidental take in connection with 
otherwise lawful activities. There are also certain statutory 
exemptions from the prohibitions, which are found in sections 9 and 10 
of the Act.

Required Determinations

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and
    (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES. To better help us 
revise the rule, your comments should be as specific as possible. For 
example, you should tell us the numbers of the sections or paragraphs 
that are unclearly written, which sections or sentences are too long, 
the sections where you feel lists or tables would be useful, etc.

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 (NEPA; 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 http://www.regulations.gov and upon request from the 
Branch of Foreign Species, Ecological Services (see FOR FURTHER 
INFORMATION CONTACT).

Authors

    The primary authors of this proposed rule are the staff members of 
the Branch of Foreign Species, Ecological Services, Falls Church, VA.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

    Accordingly, we propose to 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(h), add the following five entries to the List of 
Endangered and Threatened Wildlife in alphabetical order under 
Arachnids to read as set forth below:


Sec.  17.11   Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                           Listing citations and
          Common name              Scientific name      Where listed          Status         applicable rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Arachnids......................
 
                                                  * * * * * * *
Spider, ivory ornamental tiger.  Poecilotheria       Wherever found....  E                [Insert Federal
                                  subfusca.                                                Register citation
                                                                                           when published as a
                                                                                           final rule]
 
                                                  * * * * * * *
Spider, ornate tiger...........  Poecilotheria       Wherever found....  E                [Insert Federal
                                  ornata.                                                  Register citation
                                                                                           when published as a
                                                                                           final rule]
Spider, Pedersen's tiger.......  Poecilotheria       Wherever found....  E                [Insert Federal
                                  vittata.                                                 Register citation
                                                                                           when published as a
                                                                                           final rule]
Spider, Smith's tiger..........  Poecilotheria       Wherever found....  E                [Insert Federal
                                  smithi.                                                  Register citation
                                                                                           when published as a
                                                                                           final rule]
 
                                                  * * * * * * *
Spider, Sri Lanka ornamental     Poecilotheria       Wherever found....  E                [Insert Federal
 tiger.                           fasciata.                                                Register citation
                                                                                           when published as a
                                                                                           final rule]

[[Page 90314]]

 
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: December 5, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-30059 Filed 12-13-16; 8:45 am]
 BILLING CODE 4333-15-P



                                                                    Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules                                                 90297

                                                  the submissions considered in the                       however, it was found not to be relevant               document to the Office of the Federal
                                                  current petition, Petition 012, presented               because it was not a study of                          Register for publication as an official
                                                  the same single reference to support the                atherosclerosis among the 9/11-exposed                 document of the WTC Health Program.
                                                  request to add ‘‘Atherosclerosis (plaque                population.                                            Thomas R. Frieden, M.D., M.P.H.,
                                                  in arteries)’’ to the List. The reference,                Since the literature review did not                  Director, CDC, and Administrator,
                                                  a study by Mani et al. [2013],9 is a pilot              identify any relevant studies of                       ATSDR, approved this document for
                                                  study of the ability of diagnostic                      atherosclerosis in the 9/11-exposed                    publication on December 2, 2016.
                                                  imaging to evaluate differences in                      population, in accordance with the                        Dated: December 8, 2016.
                                                  atherosclerosis profiles in WTC                         Program policy discussed above, the
                                                                                                                                                                 John Howard,
                                                  responders exposed to high levels (as                   Program was unable to further evaluate
                                                                                                                                                                 Administrator, World Trade Center Health
                                                  found in the initial dust cloud) and low                Petition 012.
                                                                                                                                                                 Program and Director, National Institute for
                                                  levels (found after September 13, 2001)                 D. Administrator’s Final Decision on                   Occupational Safety and Health, Centers for
                                                  of particulate matter. The study                        Whether To Propose the Addition of                     Disease Control and Prevention, Department
                                                  evaluated the feasibility of using                      Atherosclerosis to the List                            of Health and Human Services.
                                                  dynamic contrast enhanced MRI, a                                                                               [FR Doc. 2016–29816 Filed 12–13–16; 8:45 am]
                                                  relatively new imaging method, to                          Finding no relevant studies with
                                                                                                                                                                 BILLING CODE 4163–18–P
                                                  evaluate atherosclerosis among 31 law                   regard to Petition 012, the Administrator
                                                  enforcement personnel who responded                     has accordingly determined that
                                                  at Ground Zero (19 with self-reported                   insufficient evidence is available to take
                                                                                                          further action at this time, including                 DEPARTMENT OF THE INTERIOR
                                                  high exposures and 12 with self-
                                                  reported low exposures). The study                      either proposing the addition of
                                                                                                                                                                 Fish and Wildlife Service
                                                  population examined in Mani et al.                      atherosclerosis to the List (pursuant to
                                                  [2013] is small and is not fully                        PHS Act, sec. 3312(a)(6)(B)(ii) and 42
                                                                                                                                                                 50 CFR Part 17
                                                  representative of the greater 9/11                      CFR 88.17(a)(2)(ii)) or publishing a
                                                  population, including other non-law                     determination not to publish a proposed                [Docket No. FWS–HQ–ES–2016–0076;
                                                  enforcement responders and survivors.                   rule in the Federal Register (pursuant to              4500030115]
                                                  Although the study has attributes of an                 PHS Act, sec. 3312(a)(6)(B)(iii) and 42
                                                                                                                                                                 RIN 1018–BB33
                                                  epidemiologic study, the small subset of                CFR 88.17(a)(2)(iii)). The Administrator
                                                  law enforcement personnel sampled and                   has also determined that requesting a                  Endangered and Threatened Wildlife
                                                  the non-random manner in which the                      recommendation from the STAC                           and Plants; Listing Determinations for
                                                  sample was obtained prevent                             (pursuant to PHS Act, sec.                             Five Poecilotheria Tarantula Species
                                                  extrapolation of the findings of Mani et                3312(a)(6)(B)(i) and 42 CFR                            From Sri Lanka
                                                  al. [2013] to the whole 9/11-exposed                    88.17(a)(2)(i)) is unwarranted.
                                                  population. Moreover, the study does                       For the reasons discussed above, the                AGENCY:   Fish and Wildlife Service,
                                                  not investigate the causal link between                 request made in Petition 012 to add                    Interior.
                                                  9/11 exposures and atherosclerosis.                     atherosclerosis to the List of WTC-                    ACTION: Proposed rule.
                                                  Therefore, the Administrator has                        Related Health Conditions is denied.
                                                  determined that while the inclusion of                     Studies have not yet demonstrated                   SUMMARY:    We, the U.S. Fish and
                                                  this peer-reviewed and published study                  whether 9/11 exposures, including                      Wildlife Service (Service), announce a
                                                  in the submissions provides sufficient                  inhalational dust/debris exposures or                  proposal to list the following five
                                                  medical basis to be considered a valid                  psychological exposures of the duration                tarantula species under the Endangered
                                                  petition, Mani et al. [2013] is not an                  and magnitude experienced on and in                    Species Act of 1973, as amended (Act):
                                                  epidemiologic study, cannot be                          the aftermath of September 11, 2001,                   Poecilotheria fasciata, P. ornata, P.
                                                  considered relevant, and is not further                 could cause the development of                         smithi, P. subfusca, and P. vittata. This
                                                  reviewed below.                                         atherosclerosis in an individual WTC                   document also serves as the 12-month
                                                                                                          responder or survivor several years                    finding on a petition to list these
                                                  C. Review of Scientific and Medical                     later. The Administrator looks forward                 species. After review of the best
                                                  Information and Administrator                           to more definitive studies that directly               available scientific and commercial
                                                  Determination                                           evaluate the causal association between                information, we find that listing each of
                                                     In response to Petition 012, and                     9/11 exposures, especially inhalational                these species is warranted and propose
                                                  pursuant to Program policy,10 the                       dust exposures, and atherosclerosis.                   listing all of them as endangered
                                                  Program conducted a review of the                                                                              species.
                                                                                                          E. Approval To Submit Document to the
                                                  scientific literature on atherosclerosis to             Office of the Federal Register                         DATES:  We will accept comments
                                                  determine if the available evidence has                                                                        received or postmarked on or before
                                                  the potential to provide a basis for a                    The Secretary, HHS, or her designee,
                                                                                                          the Director, Centers for Disease Control              February 13, 2017. Comments submitted
                                                  decision on whether to add                                                                                     electronically using the Federal
                                                  atherosclerosis to the List.11 The                      and Prevention (CDC) and
                                                                                                          Administrator, Agency for Toxic                        eRulemaking Portal (see ADDRESSES
                                                  literature search identified one citation                                                                      below) must be received by 11:59 p.m.
                                                  for atherosclerosis; 12 upon review,                    Substances and Disease Registry
                                                                                                          (ATSDR), authorized the undersigned,                   Eastern Time on the closing date. We
                                                                                                                                                                 must receive requests for public
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                    9 Mani V, Wong S, Sawit S, et al. [2013],             the Administrator of the WTC Health
                                                                                                          Program, to sign and submit the                        hearings, in writing, at the address
                                                  Relationship between Particulate Matter Exposure
                                                  and Atherogenic Profile in ‘‘Ground Zero’’ Workers                                                             shown in FOR FURTHER INFORMATION
                                                  as Shown by Dynamic Contrast Enhanced MR                                                                       CONTACT by January 30, 2017.
                                                                                                          25 Years of Translational Research for Public
                                                  Imaging, Int J Cardiovasc Imaging 29:827–833.           Health, Environ Health Perspect 123(10):909–918.       ADDRESSES: You may submit comments
                                                    10 Supra note 3.
                                                                                                          This manuscript describes the successes of the         by one of the following methods:
                                                    11 Databases searched include: CINAHL, Embase,
                                                                                                          Superfund Research Program; although the key
                                                  PsycINFO, PubMed, and Scopus.                           terms ‘‘atherosclerosis’’ and ‘‘World Trade Center’’
                                                                                                                                                                   (1) Electronically: Go to the Federal
                                                    12 Landrigan PJ, Wright RO, Cordero JF, et al.        are both mentioned, they are not discussed in          eRulemaking Portal: http://
                                                  [2015], The NIEHS Superfund Research Program:           relation to each other.                                www.regulations.gov. In the Search box,


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                                                  90298             Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules

                                                  enter FWS–HQ–ES–2016–0076, which                        have determined that P. fasciata, P.                     (e) Past and ongoing conservation
                                                  is the docket number for this                           ornata, P. smithi, P. subfusca, and P.                measures for the species, its habitat or
                                                  rulemaking. Then, in the Search panel                   vittata are in danger of extinction due to            both.
                                                  on the left side of the screen, under the               ongoing habitat loss and degradation                     (2) Factors that may affect the
                                                  Document Type heading, click on the                     and the cumulative effects of this and                continued existence of the species,
                                                  Proposed Rules link to locate this                      other threat factors. One species, P.                 which may include habitat modification
                                                  document. You may submit a comment                      smithi, is also in danger of extinction               or destruction, overutilization, disease,
                                                  by clicking on ‘‘Comment Now!’’                         due to the effects of stochastic (random)             predation, the inadequacy of existing
                                                     (2) By hard copy: Submit by U.S. mail                processes.                                            regulatory mechanisms, or other natural
                                                  or hand-delivery to: Public Comments                      We will seek peer review. We will seek              or manmade factors.
                                                  Processing, Attn: FWS–HQ–ES–2016–                       comments from independent specialists                    (3) Biological, commercial trade, or
                                                  0076; U.S. Fish & Wildlife Service                      to ensure that our designation is based               other relevant data concerning any
                                                  Headquarters, MS: BPHC, 5275 Leesburg                   on scientifically sound data,                         threats (or lack thereof) to the species
                                                  Pike, Falls Church, VA 22041–3803. We                   assumptions, and analyses. We will                    and existing regulations that may be
                                                  request that you send comments only by                  invite these peer reviewers to comment                addressing those threats.
                                                  the methods described above. We will                    on our listing proposal. Because we will                 (4) Additional information concerning
                                                  post all comments on http://                            consider all comments and information                 the historical and current status, range,
                                                  www.regulations.gov. This generally                     received during the comment period,                   distribution, and population size of the
                                                  means that we will post any personal                    our final determinations may differ from              species, including the locations of any
                                                  information you provide us (see Public                  this proposal.                                        additional populations of the species.
                                                  Comments below for more information).                                                                            Please include sufficient information
                                                                                                          Information Requested
                                                                                                                                                                with your submission (such as scientific
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          Public Comments                                       journal articles or other publications) to
                                                  Janine Van Norman, Chief, Branch of
                                                                                                             Our intent, as required by the Act, is             allow us to verify any scientific or
                                                  Foreign Species, Ecological Services,
                                                                                                          to use the best available scientific and              commercial information you include.
                                                  U.S. Fish and Wildlife Service, MS: ES,                                                                          Please note that submissions merely
                                                  5275 Leesburg Pike, Falls Church, VA                    commercial data as the foundation for
                                                                                                          all endangered and threatened species                 stating support for or opposition to the
                                                  22041–3803; telephone, 703–358–2171;                                                                          action under consideration without
                                                  facsimile, 703–358–1735. Persons who                    classification decisions. Further, we
                                                                                                          want any final rule resulting from this               providing supporting information,
                                                  use a telecommunications device for the                                                                       although noted, will not be considered
                                                  deaf (TDD) may call the Federal                         proposal to be as accurate and effective
                                                                                                          as possible. Therefore, we invite the                 in making a determination, as section
                                                  Information Relay Service (FIRS) at                                                                           4(b)(1)(A) of the Act directs that
                                                  800–877–8339.                                           range country, tribal and governmental
                                                                                                          agencies, the scientific community,                   determinations as to whether any
                                                  SUPPLEMENTARY INFORMATION:                                                                                    species is a threatened or endangered
                                                                                                          industry, and other interested parties to
                                                  Executive Summary                                       submit comments regarding this                        species must be made ‘‘solely on the
                                                                                                          Proposed Rule. Comments should be as                  basis of the best scientific and
                                                     Why we need to publish a rule. Under                                                                       commercial data available.’’
                                                  the Act, if a species is determined to be               specific as possible.
                                                                                                             Before issuing a final rule to                        You may submit your comments and
                                                  an endangered or threatened species                                                                           materials concerning this proposed rule
                                                  throughout all or a significant portion of              implement this proposed action, we will
                                                                                                          take into account all comments and any                by one of the methods listed in
                                                  its range, we are required to promptly                                                                        ADDRESSES. We request that you send
                                                  publish a proposal in the Federal                       additional relevant information we
                                                                                                          receive. Such communications may lead                 comments only by the methods
                                                  Register and make a determination on                                                                          described in ADDRESSES.
                                                                                                          to a final rule that differs from our
                                                  our proposal within 1 year. Listing a                                                                           If you submit information via http://
                                                                                                          proposal. For example, new information
                                                  species as an endangered or threatened                                                                        www.regulations.gov, your entire
                                                                                                          provided may lead to a threatened status
                                                  species can only be completed by                                                                              submission—including any personal
                                                                                                          instead of an endangered status for some
                                                  issuing a rule.                                                                                               identifying information—will be posted
                                                                                                          or all of the species addressed in this
                                                     This document proposes the listing of                                                                      on the Web site. If your submission is
                                                                                                          proposed rule, or we may determine
                                                  the tarantula species Poecilotheria                                                                           made via a hardcopy that includes
                                                                                                          that one or more of these species do not
                                                  fasciata, P. ornata, P. smithi, P.                                                                            personal identifying information, you
                                                                                                          warrant listing based on the best
                                                  subfusca, and P. vittata as endangered                                                                        may request at the top of your document
                                                                                                          available information when we make
                                                  species. This proposed rule assesses the                                                                      that we withhold this information from
                                                                                                          our determination. All comments,
                                                  best available information regarding                    including commenters’ names and                       public review. However, we cannot
                                                  status of and threats to these named                    addresses, if provided to us, will                    guarantee that we will be able to do so.
                                                  species.                                                become part of the administrative                     We will post all hardcopy submissions
                                                     The basis for our action. Under the                  record. For each of the five species, we              on http://www.regulations.gov.
                                                  Act, we can determine that a species is                 particularly seek comments concerning:                  Comments and materials we receive,
                                                  an endangered or threatened species                        (1) The species’ biology, ranges, and              as well as supporting documentation we
                                                  based on any one or more of five factors                population trends, including:                         used in preparing this proposed rule,
                                                  or the cumulative effects thereof: (A)                     (a) Biological or ecological                       will be available for public inspection
                                                  The present or threatened destruction,
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                                                                                                          requirements of the species, including                on http://www.regulations.gov, or by
                                                  modification, or curtailment of its                     habitat requirements for feeding,                     appointment, during normal business
                                                  habitat or range; (B) Overutilization for               breeding, and sheltering;                             hours, at the U.S. Fish and Wildlife
                                                  commercial, recreational, scientific, or                   (b) Genetics and taxonomy;                         Service, Headquarters Office (see FOR
                                                  educational purposes; (C) Disease or                       (c) Historical and current range                   FURTHER INFORMATION CONTACT).
                                                  predation; (D) The inadequacy of                        including distribution patterns;
                                                  existing regulatory mechanisms; or (E)                     (d) Historical and current population              Public Hearing
                                                  Other natural or manmade factors                        levels, and current and projected trends;               Section 4(b)(5) of the Act provides for
                                                  affecting its continued existence. We                   and                                                   one or more public hearings on this


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                                                                    Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules                                                   90299

                                                  proposal, if requested. Requests must be                these species, we would issue a 12-                     TABLE 1—SCIENTIFIC CLASSIFICATION
                                                  received within 45 days after the date of               month finding on the petition, as                        OF FIVE SRI LANKAN POECILOTHERIA
                                                  publication of this proposed rule in the                provided in section 4(b)(3)(B) of the Act.               SPECIES PETITIONED FOR LISTING
                                                  Federal Register. Such requests must be                 This document represents our review                      AS ENDANGERED OR THREATENED
                                                  sent to the address shown in FOR                        and determinations of the status of the
                                                  FURTHER INFORMATION CONTACT. We will
                                                                                                                                                                   UNDER THE ACT
                                                                                                          five petitioned species that are endemic
                                                  schedule public hearings on this                                                                                  [See 78 FR 72662, December 3, 2013]
                                                                                                          to Sri Lanka (Poecilotheria fasciata, P.
                                                  proposal, if any are requested, and                                                                                  [Synonyms are in parentheses]
                                                                                                          ornata, P. pederseni, P. smithi, and P.
                                                  announce the dates, times, and places of                subfusca), our publication of our 12-
                                                  those hearings, as well as how to obtain                                                                                  Scientific Classification
                                                                                                          month finding on these five species, and
                                                  reasonable accommodations, in the
                                                                                                          our proposed rule to list these species.              KINGDOM .................   Animalia.
                                                  Federal Register and local newspapers                                                                          PHYLUM .................   Arthropoda.
                                                  at least 15 days before the hearing.                    We will issue our determinations on
                                                                                                          other tarantula species in the genus                    SUBPHYLUM ........        Chelicerata.
                                                  Peer Review                                             Poecilotheria separately after we                        CLASS ................   Arachnida.
                                                                                                                                                                    ORDER .............     Araneae.
                                                     In accordance with our joint policy on               complete our review.                                       INFRAORDER             Mygalomorphae.
                                                  peer review published in the Federal                                                                                FAMILY .........      Theraphosidae.
                                                                                                          Background
                                                  Register on July 1, 1994 (59 FR 34270),                                                                              GENUS .......        Poecilotheria.
                                                  we will solicit the expert opinion of at                Taxonomy and Species Descriptions                             SPECIES ...         P. fasciata, P. ornata,
                                                  least three appropriate and independent                                                                                                     P. smithi (P.
                                                  specialists for peer review of this                        Poecilotheria is a genus of arboreal                                             pococki), P.
                                                  proposed rule. The purpose of peer                      spiders endemic to Sri Lanka and India.                                             subfusca (P. bara,
                                                  review is to ensure that our listing                    The genus belongs to the family                                                     P. uniformis), P.
                                                                                                                                                                                              vittata (P.
                                                  determinations are based on                             Theraphosidae, often referred to as
                                                                                                                                                                                              pederseni).
                                                  scientifically sound data, assumptions,                 tarantulas, within the infraorder
                                                  and analyses. We will send peer                         Mygalomorphae (Table 1). As with most                    Poecilotheria species are among the
                                                  reviewers copies of this proposed rule                  theraphosid genera, Poecilotheria is a                largest spiders in the world, with body
                                                  immediately following publication in                    poorly understood genus. The taxonomy                 lengths of 4 to 9 centimeters (1.5 to 3.5
                                                  the Federal Register. We will invite                    has never been studied using modern                   inches) and maximum adult leg spans
                                                  peer reviewers to comment, during the                   DNA technology; therefore, species                    varying from 15 to 25 centimeters (6 to
                                                  public comment period, on the specific                  descriptions are based solely on
                                                  assumptions and conclusions regarding                                                                         10 inches) (Nanayakkara 2014a, pp. 94–
                                                                                                          morphological characteristics.                        129; Molur et al. 2006, p. 23). They are
                                                  the proposed listing status of each of the              Consequently, there have been several
                                                  five tarantula species. We will                                                                               known for their very fast movements
                                                                                                          revisions, additions, and subtractions to             and potent venom that, in humans,
                                                  summarize the opinions of these
                                                                                                          the list of Poecilotheria species over the            typically causes extended muscle
                                                  reviewers in the final decision
                                                  document, and we will consider their                    last 20 years (Nanayakkara 2014a, pp.                 cramps and severe pain (Fuchs 2014, p.
                                                  input and any additional information                    71–72; Gabriel and Gallon 2013, entire).              75; Nanayakkara and Adikaram 2013, p.
                                                  we receive, as part of our process of                      The World Spider Catalog (2016,                    53). They are hairy spiders and have
                                                  making a final decision on the proposal.                unpaginated) currently recognizes 14                  striking coloration, with dorsal color
                                                                                                          species of Poecilotheria. The Integrated              patterns of gray, black, brown, and in
                                                  Previous Federal Action                                                                                       one case, a metallic blue. Ventral
                                                                                                          Taxonomic Information System
                                                     We received a petition, dated October                                                                      coloration of either sex is typically more
                                                                                                          currently identifies 16 species in the
                                                  29, 2010, from WildEarth Guardians                                                                            of the same with the exception of the
                                                                                                          genus, based on the 2011 version of the
                                                  requesting that the following 11                                                                              first pair of legs, which often bear bright
                                                                                                          same catalog. Because the World Spider                yellow to orange aposematic (warning)
                                                  tarantula species in the genus
                                                                                                          Catalog is the widely accepted authority              markings that are visible when the
                                                  Poecilotheria be listed under the Act as
                                                                                                          on spider taxonomy, we consider the                   spider presents a defensive display.
                                                  endangered or threatened: Poecilotheria
                                                  fasciata, P. formosa, P.                                Poecilotheria species recognized by the               Mature spiders exhibit some sexual
                                                  hanumavilasumica, P. metallica, P.                      most recent (2016) version of this                    dimorphism with mature males having
                                                  miranda, P. ornata, P. pederseni, P.                    catalog to be valid. Based on the World               a more drab coloration and being
                                                  rufilata, P. smithi, P. striata, and P.                 Spider Catalog, all five of the petitioned            significantly smaller than the adult
                                                  subfusca. The petition identified itself                species are considered valid taxon,                   females (Nanayakkara 2014a, entire;
                                                  as such and included the information as                 though P. pederseni is now considered                 Pocock 1899, pp. 84–86).
                                                  required by 50 CFR 424.14(a). We                        a junior synonym to the currently                        The primary characteristics used to
                                                  published a 90-day finding on December                  accepted name P. vittata (Table 1).                   distinguish Poecilotheria species are
                                                  3, 2013 (78 FR 72622), indicating that                  Therefore, in the remainder of this                   ventral leg markings (Gabriel 2010 p. 13,
                                                  the petition presents substantial                       document we refer to this species as P.               citing several authors). Some authors
                                                  scientific and commercial information                   vittata. Further, all five of these species           indicate that identification via leg
                                                  indicating that listing these 11 species                have multiple common names (see                       markings is straightforward for most
                                                  may be warranted. At that time we also                  WildEarth Guardians 2010, p. 4) and                   Poecilotheria species (Nanayakkara
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                                                  (1) notified the public that we were                    are, therefore, referred to by their                  2014a, pp. 74–75; Gabriel 2011a, p. 25).
                                                  initiating a review of the status of these              scientific names throughout this                      However, the apparent consistent leg
                                                  species to determine if listing them is                 document.                                             patterns observed in adults of a species
                                                  warranted, (2) requested from the public                                                                      could also be a function of specimens
                                                  scientific and commercial data and                                                                            being collected from a limited number
                                                  other information regarding the species,                                                                      of locations (Morra 2013, p. 129). During
                                                  and (3) notified the public that at the                                                                       field surveys, researchers found more
                                                  conclusion of our review of the status of                                                                     variation than suggested by published


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                                                  90300             Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules

                                                  species descriptions and indicated that                 Tarantula General Biology                             producing one brood per year although
                                                  identifying Poecilotheria species is not                   Tarantulas possess life-history traits             they do not always do so (Ferreti et al.
                                                  as straightforward as suggested by                      markedly different from most spiders                  2014, p. 2; Stradling 1994, pp. 92–96).
                                                  current descriptions (Molur et al. 2003,                and other arthropods (Bond et al. 2006,               Males have shorter lifespans than
                                                  unpaginated). Reports of inadvertent                    p. 145). They are long-lived, have                    females and, after reaching maturity, no
                                                  production of hybrids within the                        delayed sexual maturity, and most are                 longer molt and usually only live one or
                                                  tarantula trade (see Gabriel 2011a, p. 26)              habitat specialists that are extremely                two breeding seasons (Costa and Perez-
                                                  also indicate a degree of difficulty in                 sedentary. They also have poor                        Miles 2002, p. 585, Gallon 2000,
                                                  identification of adult specimens.                      dispersal ability because their mode of               unpaginated). Further, on reaching
                                                  Immature spiders (juveniles) lack the                   travel is limited to walking, and they                maturity, males leave their retreats to
                                                                                                          typically do not move far from the area               wander in search of receptive females
                                                  variation in coloring found in adults. As
                                                                                                          in which they are born. As a result, the              with which to mate (Stotley and
                                                  a result, they are difficult to differentiate
                                                                                                                                                                Shillington 2009, pp. 1210–1211). Males
                                                  visually; genetic analysis may be the                   distribution of individuals tends to be
                                                                                                                                                                appear to search the landscape for
                                                  only way to reliably identify juveniles to              highly clumped in suitable
                                                                                                                                                                females randomly and, at short range,
                                                  species (Longhorn 2014a, unpaginated).                  microhabitats (a smaller habitat within
                                                                                                                                                                may be able to detect females through
                                                                                                          a larger habitat), populations are
                                                  Captive Poecilotheria                                                                                         contact sex-pheromones on silk
                                                                                                          extremely genetically structured, and
                                                                                                                                                                deposited by the female at the entrance
                                                                                                          the group shows a high level of
                                                     Poecilotheria species are commonly                                                                         of her retreat (Ferreti et al. 2013, pp. 88,
                                                                                                          endemism (species restricted to a
                                                  bred in captivity by amateur hobbyists                                                                        90; Janowski-Bell and Hommer 1999,
                                                                                                          particular geographical location) (Ferreti
                                                  as well as vendors, and are available as                                                                      pp. 506, 509; Yanez et al. 1999, pp. 165–
                                                                                                          et al. 2014, p. 2; Hedin et al. 2012, p.
                                                  captive-bred young in the pet trade in                                                                        167; Stradling 1994, p. 96). Males may
                                                                                                          509, citing several sources; Bond et al.              cover relatively large areas when
                                                  the United States, Europe, and                          2006, pp. 145–146, citing several
                                                  elsewhere (see Trade). However, while                                                                         searching for females. Males of a
                                                                                                          sources).                                             ground-dwelling temperate species
                                                  rearing and keeping of captive                             Tarantulas are primarily nocturnal
                                                  individuals by hobbyists and vendors                                                                          (Aphonopelma anax) are reported
                                                                                                          and typically lead a hidden life,
                                                  has provided information on life history                                                                      covering search areas up to 29 ha (72
                                                                                                          spending much of their time concealed
                                                  of these species, these captive                                                                               acres), though the mean size of areas
                                                                                                          inside burrows or crevices (retreats) that
                                                  individuals hold limited conservation                                                                         searched is much smaller (1.1 ± 0.5 ha
                                                                                                          provide protection from predators and                 one year and 8.8 ± 2.5 ha another year)
                                                  value to the species in the wild.                       the elements (Foelix 2011, p. 14; Molur
                                                  Individuals in the pet trade descend                                                                          (Stotley and Shillington 2009, p. 1216).
                                                                                                          et al. 2003, unpaginated; Gallon 2000,                  When a male locates a receptive
                                                  from wild individuals from unknown                      unpaginated). They are very sensitive to              female, the two will mate in or near the
                                                  locations, have undocumented lineages,                  vibrations and climatic conditions, and               entrance to the female’s retreat. After
                                                  come from limited stock (e.g., see                      usually don’t come out of their retreats              mating, the female returns to her retreat
                                                  Gabriel 2012, p. 18) and are bred                       in conditions like rains, wind,                       where she eventually lays eggs within
                                                  without knowledge or consideration of                   movement, or excessive light (Molur et                an egg-sac and tends the eggs until they
                                                  their genetics. They also likely include                al. 2003, unpaginated). Tarantulas are                hatch. Spiderlings reach maturity in one
                                                  an unknown number of hybrid                             generalist predators that sit and wait for            or more years (Gallon 2000,
                                                  individuals resulting from intentional                  passing prey near the entrance of their               unpaginated).
                                                  crosses, or unintentional crosses                       retreats (Gallon 2000, unpaginated).
                                                  resulting from confusion and difficulty                 With the exception of reproductive                    Poecilotheria Biology
                                                  in species taxonomy and identification                  males that wander in search of females                  Limited information is available on
                                                  (Gabriel 2011a, pp. 25–26; Gabriel et al.               during the breeding season, they leave                Poecilotheria species in the wild.
                                                  2005, p. 4; Gabriel 2003, pp. 89–90).                   their retreat only briefly for capturing              However, they appear to be typical
                                                  Further, many are likely several                        prey, and quickly return to it at the                 tarantulas in many respects. However,
                                                  generations removed from wild                           slightest vibration or disturbance (Foelix            they differ from most tarantulas in that
                                                  ancestors and thus may be inbred or                     2011, p. 14; Stotley and Shillington                  they are somewhat social (discussed
                                                  maladapted to conditions in the wild. In                2009, pp. 1210–1211; Molur et al. 2003,               below) and reside in trees rather than
                                                  short, captive individuals held or sold                 unpaginated). Tarantulas generally                    ground burrows (see Microhabitat).
                                                  as pets do not adhere to the IUCN                       inhabit a suitable retreat for extended                 Poecilotheria species are patchily
                                                                                                          periods and may use the same retreat for              distributed (Siliwal et al. 2008, p. 8) and
                                                  guidelines for reintroductions and other
                                                                                                          years (Stotley and Shilling 2009, pp.                 prey on a variety of insects, including
                                                  conservation translocations (IUCN 2013,
                                                                                                          1210–1211; Stradling 1994, p. 87). Most               winged termites, beetles, grasshoppers,
                                                  entire). Further, we are not aware of any
                                                                                                          tarantulas are solitary, with one spider              and moths, and occasionally small
                                                  captive-breeding programs for                           occupying a retreat (Gallon 2000,                     vertebrates (Das et al. 2012, entire;
                                                  Poecilotheria that adhere to IUCN                       unpaginated).                                         Molur et al. 2006, p. 31; Smith et al.
                                                  guidelines. Because (1) the purpose of                     The lifestyle of adult male tarantulas             2001, p. 57).
                                                  our status assessments is to determine                  differs from that of adult females and                  We are not aware of any information
                                                  the status of the species in the wild, and              juveniles. Females and juveniles are                  regarding the reproductive success of
                                                  (2) captive individuals in the hobby or                 sedentary, spending most of their time                wild Poecilotheria species. However,
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                                                  pet trade have low value for                            in or near their retreat. Adult females               reproduction may be greatly reduced
                                                  conservation programs or for                            are also long-lived, and continue to                  during droughts (Smith et al. 2001, pp.
                                                  reintroduction purposes, we place little                grow, molt, and reproduce for several                 46, 49). Additionally, given the
                                                  weight on the status of captive                         years after reaching maturity (Ferreti et             apparently random searching for
                                                  individuals in our assessment of the                    al. 2014, p. 2, citing several sources;               females by male tarantulas, successful
                                                  status of the five petitioned                           Costa and Perez-Miles 2002, p. 585,                   mating of females likely depends on the
                                                  Poecilotheria species endemic to Sri                    citing several sources; Gallon 2000,                  density of males in the vicinity. In the
                                                  Lanka.                                                  unpaginated). They are capable of                     only field study conducted on an


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                                                                    Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules                                          90301

                                                  arboreal tropical tarantula (Avicularia                 individuals can reside (Nanayakkara                   island has resulted in a diversity of
                                                  avicularia in Trinidad), less than half of              2014a, pp. 74, 80; Gallon 2000,                       ecosystems with high levels of species
                                                  adult females produced eggs in the same                 unpaginated).                                         endemism (Government of Sri Lanka
                                                  year despite the fact that they were in                                                                       (GOSL) 2014, pp. xiv–xv). Sri Lanka,
                                                                                                          Poecilotheria Habitat
                                                  close proximity to each other and                                                                             together with the Western Ghats of
                                                  exhibited the same weight gain, possibly                Microhabitat                                          India, is identified as a global
                                                  due to a failure to mate (Stradling 1994,                 Poecilotheria occupy preexisting                    biodiversity hotspot, and is among the
                                                  p. 96).                                                 holes or crevices in trees or behind                  eight ‘‘hottest hotspots,’’ (Myers et al.
                                                     Time to maturity in Poecilotheria                    loose tree bark (Molur et al. 2006, p. 31;            2000, entire).
                                                  species varies and is influenced by the                 Samarawckrama et al. 2005; Molur et al.                  Sri Lanka consists of a mountainous
                                                  temperature at which the young are                      2003 unpaginated; Kirk 1996, pp. 22–                  region (central highlands), reaching
                                                  raised and amount of food provided                      23). Individuals of some species are also             2,500 m in elevation, in the south-
                                                  (Gabriel 2006, entire). Based on                        occasionally found in grooves or                      central part of the island surrounded by
                                                  observations of captive Poecilotheria,                  crevices in or on other substrates such               broad lowland plains (GOSL 2012, p.
                                                  males mature from spiderlings to adults                 as rocks or buildings that are close to               2a–3–141) (Fig. 2). The country has a
                                                  in 11 to16 months (Gabriel 2011b, P.                    wooded areas (Samarawckrama et al.                    tropical climate characterized by two
                                                  101; Gabriel 2005, entire). Females can                 2005, pp. 76, 83; Molur et al. 2003,                  major monsoon periods: The southwest
                                                  mature within 14 months and generally                   unpaginated). In a survey in Sri Lanka,               monsoon from May to September and
                                                  live an additional 60 to 85 months after                89 percent (31) of Poecilotheria spiders              the northeast monsoon from December
                                                  maturing (Gabriel 2012, p. 19;                          were found in or on trees, while 11                   to February (GOSL 2012, pp. 7–8).
                                                  Government of Sri Lanka and                             percent (4) were found in or on                          Sri Lanka’s central highlands create a
                                                  Government of the United States 2000,                   buildings (Samarawckrama et al. 2005,                 rain shadow effect that gives rise to two
                                                  p. 3), although they have been reported                 p. 76). Poecilotheria species are said to             pronounced climate zones—the wet
                                                  living up to 14 years (Gallon 2012, p.                  have a preference for residing in old,                zone and dry zone—and a less extensive
                                                  69). Females lay about 50 to 100 eggs,                  established trees with naturally                      intermediate zone between the two
                                                  5 to 6 months after mating (Nanayakarra                 occurring burrows (Nanayakkara 2014a,                 (Ministry of Environment—Sri Lanka
                                                  2014a, p. 79; Gabriel 2011b, entire;                    p. 86). Some species also appear to                   (MOE) 2010, pp. 21–22) (Fig. 2). Small
                                                  Gabriel 2005, p. 101). In captivity,                    prefer particular tree species                        arid zones also occur on the
                                                  generation time appears to be roughly                   (Nanayakkara 2014a, p. 84;                            northwestern and southeastern ends of
                                                  2–3 years (see Gabriel 2011b, entire;                   Samarawckrama et al. 2005, p. 76).                    the country (Nanayakkara 2014a, p. 22).
                                                  Gabriel 2006, p. 96; Gabriel 2005,                                                                            Annual rainfall ranges from less than
                                                  entire). While captive individuals                      Macrohabitat                                          1,000 millimeters (mm) (39.4 inches
                                                  provide some indication of potential                      Most Poecilotheria species occur in                 (in)) in the arid zone to over 5,000 mm
                                                  growth, longevity, and reproductive                     forested areas, although some                         (197 in) in the central highlands
                                                  capacity of wild individuals, these                     occasionally occur in other treed                     (Jayatillake et al. 2005, pp. 66–67).
                                                  variables are likely to vary with                       habitats such as plantations                          Mean annual temperature ranges from
                                                  conditions in the wild. Poecilotheria are               (Nanayakkara 2014a, p. 86; Molur et al.               27 degrees Celsius (°C) (80.6 degrees
                                                  ectotherms and, as such, their                          2006, p. 10; Molur et al 2003, entire;                Fahrenheit (°F)) in the lowlands to 15 °C
                                                  physiological and developmental                         Smith et al. 2001, entire). Poecilotheria             (59 °F) in the highlands (Eriyagama et
                                                  processes including growth and                          are less abundant in degraded forest                  al. 2010, p. 2).
                                                  reproduction are strongly influenced by                 (Molur et al. 2004, p. 1665). Less                       The wet zone is located in the
                                                  body temperature and it is likely that                  complex, degraded forests may contain                 southwestern quarter of the island,
                                                  captive-rearing of these species is                     fewer trees that provide adequate                     where high annual rainfall is
                                                  primarily done under ideal                              retreats for these species and less cover             maintained throughout the year by rain
                                                  environmental conditions for                            for protection from predators and the                 received during both monsoons and
                                                  reproduction and growth.                                elements. Trees with broad, dense                     during inter-monsoonal periods (MOE
                                                     Unlike most tarantulas, which are                    canopy cover likely provide                           2010, pp. 21–22) (Fig. 2). The wet zone
                                                  solitary, most Poecilotheria species                    Poecilotheria in hotter, dryer habitats               is divided into low, mid, and montane
                                                  display a degree of sociality. Adult                    protection from heat and desiccation                  regions based on altitude (Table 2). The
                                                  females often share their retreat with                  (Siliwal 2008, pp. 12, 15). We provide                dry zone, in which most of the land area
                                                  their spiderlings. Eventually as the                    additional, species-specific information              of Sri Lanka occurs, is spread over much
                                                  young mature, they disperse to find                     on habitat below.                                     of the lowland plains and is subjected
                                                  denning areas of their own.                                                                                   to several months of drought (MOE
                                                  Occasionally young remain on their                      Sri Lanka                                             2010, pp. 21–22) (Table 2) (Fig. 2). Most
                                                  natal tree to breed, or three to four adult               Sri Lanka is an island nation about                 of the rain in this zone comes from the
                                                  females will share the same retreat                     65,610 square kilometers (km2) (25,332                northeast monsoon and inter-monsoonal
                                                  (Nanayakkara 2014a, pp. 74, 80). These                  square miles (mi2)) in area (Weerakoon                rains (MOE 2010, pp. 21–22; Malgrem
                                                  semi-social behaviors are believed to be                2012, p. xvii), or about the size of West             2003, p. 1236). Characteristic forest
                                                  a response to a lack of availability of                 Virginia (Fig. 1). The variation in                   types occur within each of the different
                                                  suitable habitat (trees) in which                       topography, soils, and rainfall on the                climate zones (Table 2).
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                                                  90302                   Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules

                                                                            TABLE 2—CLIMATE ZONES AND ELEVATION OF SRI LANKA AND ASSOCIATED FOREST TYPES
                                                                             [Based on Information in FAO (2015a, pp. 6–7), Nanayakkara (2014a, pp. 22–25), and GOSL (2012, p. 51)]

                                                                                                   Percent of                Mean annual                   Elevation
                                                                    Zone                           Sri Lanka’s                 rainfall                                                                   Forest type
                                                                                                                                                           (meters)
                                                                                                    land area                   (mm)

                                                  Wet Zone ................................                          23       2,500–>5,000                        0–2,500
                                                       Low ..................................    ........................   ........................              0–1,000         Lowland rainforest.
                                                       Mid ...................................   ........................   ........................       1,000–1,500            Submontane forest.
                                                       Montane ..........................        ........................   ........................       1,500–2,500            Montane forest.
                                                  Intermediate Zone ..................                               12         1,900–2,500                       0–1,000         Moist monsoon forest.
                                                  Dry Zone .................................                         60         1,250–1,900                          0–500        Dry monsoon forest; riverine forest; open-canopy forest.
                                                  Arid Zone ................................                           5                 <1,250        ........................   Thorny scrub forest.



                                                  Species-Specific Information                                              entire), and we consider the locations                             Endangered or Critically Endangered
                                                    Each of the five petitioned species                                     reported in Nanayakkara (2014a, entire)                            based on their area of occupancy
                                                  addressed in this finding is endemic to                                   to reflect the best available information                          (Critically Endangered: Less than 10
                                                  Sri Lanka and has a range restricted to                                   concerning the ranges of these species.                            km2; Endangered: Less than 500 km2)
                                                  a particular region and one or two of Sri                                   Historical ranges for the five                                   and distribution (Critically Endangered:
                                                  Lanka’s climate zones (Nanayakkara                                        petitioned Sri Lankan species are                                  Severely fragmented or known to exist
                                                  2014a, pp. 84–85) (Fig. 1, Fig. 2). Due                                   unknown. Further, population                                       at only a single location; Endangered:
                                                  to their secretive and nocturnal habits,                                  information is not available on any of                             Severely fragmented or known to exist
                                                  sensitivity to vibrations, and their                                      the five petitioned Sri Lankan species;                            at no more than five locations), and the
                                                  occurrence in structurally complex                                        therefore, population trends are                                   status (continuing decline, observed,
                                                  habitat (forest), Poecilotheria species are                               unknown. However, experts believe                                  inferred or projected, in the area, extent,
                                                  difficult to detect (Molur et al. 2003,                                   populations are declining, and that                                or quality, or any combination of the
                                                  unpaginated). Therefore, it is possible                                   these species are very likely to go                                three) of their habitat (MOE 2012, p. 55;
                                                  that reported ranges are smaller than the                                 extinct within the next two or three                               IUCN 2001, entire).
                                                  actual ranges of these species. However,                                  decades (Nanayakkara and Adikaram                                     For locations discussed in species-
                                                  distribution surveys for these species                                    2013, p. 54). We are not aware of any                              specific information below, see Fig. 1.
                                                  were conducted at many locations                                          existing conservation programs for these                           For locations of the ranges of the
                                                  throughout the country during 2009–                                       species. All five species are categorized                          different species, see Fig. 2.
                                                  2012 by Nanayakkara et al. (2012,                                         on the National Red List of Sri Lanka as                           BILLING CODE 4333–15–P
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                                                                    Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules                                      90303


                                                                                                                   F i g u. r e I .         n is t r i c ts
                                                                                                                                                          a n d C 1i m a t e
                                                                                                                                                   Zones of Sri Lanka"
                                                                                                                                         Legend                          Districts
                                                                                                                                                   Wet Zone
                                                                                                                                                   Intermediate Zone 2.
                                                                                                                                                        Zone
                                                                                                                                                                         4         .Mannar
                                                                                                                                        - - Sri Lanka Districts            ·
                                                                                                                                                                          5.
                                                                                                                                                                          6.
                                                                                                                                                                          7.
                                                                                                                                                                          8.
                                                                                                                                                                         9.
                                                                                                                                                                          10. Matale
                                                                                                                                                                          IL
                                                                                                                                                                          l" ...
                                                                                                                                                                          13.
                                                                                                                                                                          14.
                                                                                                                                                                          15.
                                                                                                                                                                          16.
                                                                                                                                                                          17.
                                                                                                                                                                          18.
                                                                                                                                                                          19. Kalutara
                                                                                                                                                                         20.
                                                                                                                                                                         2L
                                                                                                                                                                         22.
                                                                                                                                                                          23.
                                                                                                                                                                         24. I'v1atara
                                                                                                                                                                         25.




                                                                    -.
                                                                    •rp
                                                                       ..+'.·..
                                                                            N



                                                                             i           0    10 .20            40          60
                                                                                                                                          Miles
                                                                                                                                         80
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                                                                                                                                                                                                     EP14DE16.037</GPH>




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                                                  90304             Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules




                                                  BILLING CODE 4333–15–C                                  National Red List of Sri Lanka as                     the presence of coconut trees that were
                                                  P. fasciata                                             Endangered (MOE 2012, p. 55).                         infested with weevils and subsequently
                                                                                                             The only detailed record of the                    fed on by woodpeckers that created
                                                     Poecilotheria fasciata occurs in                     species’ occurrence in a coconut                      holes suitable for P. fasciata retreats,
                                                  forests below 200-m elevation in Sri                    plantation is provided by Smith et al.                and plantation irrigation that resulted in
                                                  Lanka’s dry and intermediate zones                      (2001, entire). Poecilotheria fasciata is             an abundant prey base for the species.
                                                  north of Colombo and is also sometimes                  reported to have colonized the coconut                The P. fasciata population in the
                                                  found in coconut plantations in this                    plantation following a prolonged                      plantation was apparently established in
                                                  region (Nanayakkara 2014a, p. 96;                       drought. While P. fasciata in dry and                 the 1980s and persisted until at least
                                                  Nanayakkara 2014b, unpublished data;                    intermediate zone forests, including                  2000 (Smith et al. 2001, pp. 49, 52).
                                                  Smith et al. 2001, entire). The species                 those surrounding the coconut                           During recent surveys, P. fasciata
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                                                  has a broad but patchy distribution and                 plantation, were found to be emaciated                were detected at nine locations—two in
                                                  is estimated to occupy less than 500                    and without spiderlings, those in the                 coconut plantations and seven in forest
                                                  km2 (193 mi2) of its range (MOE 2012,                   irrigated plantation were found to have               locations. Greater than 20 adults and
                                                  p. 55; Smith et al. 2001, p. 48). The area,             spiderlings in their retreats and wider               100 juveniles were found in coconut
                                                  extent, or quality (or a combination                    abdomens. Smith et al. argue that P.                  plantations, and greater than 30 adults
                                                  thereof) of P. fasciata’s habitat is                    fasciata was able to colonize the                     and no juveniles were found in forest
                                                  considered to be in continuing decline,                 plantation due to the occurrence of P.                locations (Nanayakkara 2014b,
                                                                                                                                                                                                             EP14DE16.038</GPH>




                                                  and the species is categorized on the                   fasciata in the adjacent remnant forest,              unpublished data). Although no


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                                                                    Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules                                           90305

                                                  juveniles were detected in forest                       past 20 years, few individuals have been              habitat is considered to be in continuing
                                                  habitats during these surveys, recent                   found (Nanayakkara et al. 2013, pp. 73–               decline throughout its range, and the
                                                  observations of P. fasciata juveniles in                74; Gabriel et al. 2005, pp. 6–7). In 2005,           species is categorized on the National
                                                  forest habitat have been reported                       three adult females and four spiderlings              Red List of Sri Lanka as Endangered
                                                  (Nanayakkara 2014a, p. 96;                              were reported in the Haragama, Kandy                  (MOE 2012, p. 55).
                                                  Kumarasinghe et al. 2013, p. 10).                       district, an area described as severely
                                                                                                                                                                P. vittata
                                                  Therefore, based on the observations of                 impacted by several anthropogenic
                                                  Smith et al. described above, it is                     factors (Nanayakkara et al. 2013, p. 74;                 Poecilotheria vittata occurs in the
                                                  possible that the lack of juveniles                     Gabriel et al. 2005, pp. 6–7). During                 arid, dry, and intermediate zones of
                                                  detected in forests during recent surveys               surveys conducted in several areas of                 Hambantota and Monaragala districts in
                                                  was due to drought conditions during                    the country during 2003–2005, no P.                   southeastern Sri Lanka (Kekulandala
                                                  the survey period. As indicated above,                  smithi were found (Samarawckrama et                   and Goonatilake 2015, unpaginated;
                                                  island-wide surveys for Poecilotheria                   al. 2005, entire). Finally, during recent             Nanayakkara 2014a, pp. 106–107). The
                                                  were conducted during 2009–2012, and                    surveys, the species was found at two                 species’ preferred habitat is said to be
                                                  droughts occurred in 2010 and 2012 in                   locations with seven adults and nine                  Manilkara hexandra (Palu) trees
                                                  the region in which P. fasciata occurs                  juveniles detected (Nanayakkara 2014b,                (Nanayakkara 2014a, p. 106), a
                                                  (Integrated Regional Information                        unpublished data). Prior to these recent              dominant canopy tree species in Sri
                                                  Network 2012, unpaginated; Disaster                     surveys, the species was known only                   Lanka’s dry forest (Gunarathne and
                                                  Management Center, Sri Lanka 2010, p.                   from the Haragama, Kandy district.                    Perera 2014, p. 15). In recent surveys,
                                                  12). However, while juveniles were                      However, the species was recently                     the species was found at 4 locations,
                                                  detected only in coconut plantations                    found about 31 km (19.3 mi) away from                 and 15 adults and 7 juveniles of P.
                                                  during these surveys, numbers found in                  Haragama, in three trees within a 5-km2               fasciata were detected (Nanayakkara
                                                  coconut and forest habitat cannot be                    (1.9-mi2) area of highly disturbed                    2014b, unpublished data). Poecilotheria
                                                  directly compared because surveys were                  habitat (Nanayakkara et al. 2013, p. 74).             vittata is estimated to occupy less than
                                                  designed for determining distribution                     Poecilotheria smithi was estimated to               500 km2 (193 mi2) of its range (MOE
                                                  rather than species abundance or                        occupy less than 10 km2 (3.9 mi2) of its              2012, p. 55), and the area, extent, or
                                                  density. For instance, juveniles may be                 range (MOE 2012, p. 55) but a recently                quality (or a combination thereof) of the
                                                  more difficult to detect in forest habitat              reported location in Matale district                  species’ habitat is considered to be in
                                                  than in coconut plantations, or a greater               increases the known area of occupancy                 continuing decline. Poecilotheria vittata
                                                  area of coconut plantations may have                    by 5 km2 (1.9 mi2). The area, extent, or              is categorized on the National Red List
                                                  been searched compared to forest                        quality (or a combination thereof) of the             of Sri Lanka as Endangered (MOE 2012,
                                                  habitat.                                                species’ habitat is considered to be in               p. 55).
                                                                                                          continuing decline, and the species is
                                                  P. ornata                                                                                                     Summary of Biological Status and
                                                                                                          categorized on the National Red List of
                                                     Poecilotheria ornata is found in the                                                                       Threats
                                                                                                          Sri Lanka as Critically Endangered
                                                  plains and hills of the lowland wet zone                (MOE 2012, p. 55).                                       The Act directs us to determine
                                                  in southwestern Sri Lanka (Nanayakkara                                                                        whether any species is an endangered
                                                  2014a, pp. 112–113; Smith et al. 2002,                  P. subfusca                                           species or a threatened species because
                                                  p. 90). It is one of the few solitary                     Poecilotheria subfusca occurs in the                of any one or more of five factors or the
                                                  species in the genus (Nanayakkara                       wet zone of the central highlands of Sri              cumulative effects thereof: (A) The
                                                  2014a, p. 112). In recent surveys, 23                   Lanka, in two disjunct regions: The                   present or threatened destruction,
                                                  adults and no juveniles were detected at                montane region above 1,500-m elevation                modification, or curtailment of its
                                                  4 locations (Nanayakkara 2014b,                         in Nuwara Eliya and Badulla districts;                habitat or range; (B) Overutilization for
                                                  unpublished data). Poecilotheria ornata                 and at 500 to 600 m (1,640 to 1,968 ft)               commercial, recreational, scientific, or
                                                  is estimated to occupy less than 500                    elevation in Kegalla, Kandy, and Matale               educational purposes; (C) Disease or
                                                  km2 (193 mi2) of its range (MOE 2012,                   districts (Nanayakkara 2014a, pp. 101–                predation; (D) The inadequacy of
                                                  p. 55), and the area, extent, or quality                102, 116; Smith et al. 2002, entire). One             existing regulatory mechanisms; or (E)
                                                  (or a combination thereof) of the                       author (Nanayakkara 2014a, pp. 116–                   Other natural or manmade factors
                                                  species’ habitat is considered to be in                 117) identifies individuals in the latter             affecting its continued existence. In this
                                                  continuing decline. Poecilotheria ornata                region as P. bara, which was first                    section, we summarize the biological
                                                  is categorized on the National Red List                 described as a species in 1917                        condition of the species and its
                                                  of Sri Lanka as Endangered (MOE 2012,                   (Chamberlin 1917, in Kirk 1996, p. 21).               resources, and the influences on such to
                                                  p. 55).                                                 However, in the 1990s P. bara was                     assess the species’ overall viability and
                                                                                                          determined to be a junior synonym of P.               the risks to that viability.
                                                  P. smithi                                               subfusca (Kirk 1996, p. 21; also see
                                                     Poecilotherai smithi is found in the                 Taxonomy and Species Descriptions).                   Habitat Loss and Degradation
                                                  central highlands, in Kandy and Matale                  Therefore, all reference in this finding to              Habitat loss and degradation are
                                                  districts (Nanayakkara et al. 2013, pp.                 P. subfusca refers to individuals in both             considered primary factors negatively
                                                  73–74). It was originally found in the                  the high-elevation and mid-elevation                  affecting Poecilotheria species
                                                  wet zone at mid elevations (Kirk 1996,                  regions.                                              (Nanayakkara and Adikaram 2013, pp.
                                                  p. 23), though it is described as a                       During recent surveys, P. subfusca                  53–54; MOE 2012, p. 55; Molur et al.
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                                                  montane species (Jacobi 2005, entire;                   was found at 10 locations, and a total of             2008, pp. 1–2). Forest loss and
                                                  Smith et al. 2002, p. 92). Poecilotheria                25 adult and 56 juvenile P. subfusca                  degradation are likely to negatively
                                                  smithi appears to be very rare and is                   were detected (Nanayakkara 2014b,                     impact the five petitioned species in
                                                  considered highly threatened                            unpublished data). The area of the range              several ways. First, forest loss and
                                                  (Nanayakkara et al. 2013, p. 73; Gabriel                occupied by P. subfusca is less than 500              degradation directly eliminate or reduce
                                                  et al. 2005, p. 4). The species was                     km2 (193 mi2) (MOE 2012, p. 55).                      the availability of trees required by
                                                  described in 1996, and, despite several                 Further, the area, extent, or quality (or             Poecilotheria species for reproduction,
                                                  efforts to locate the species during the                a combination thereof) of P. subfusca’s               foraging, and protection


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                                                  90306             Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules

                                                  (Samarawckrama et al. 2005, p. 76;                      a result, dense forest cover (canopy                  combined is only about 733 km2 (283
                                                  Smith et al. 2002, entire). Second, due                 density greater than 70 percent)                      mi2) and is severely fragmented (GOSL
                                                  to the limited ability of Poecilotheria                 declined by half in about 50 years, to 22             2012, pp. 51, 2a–3–142). According to
                                                  species to travel far, as well as their                 percent in 2010 (GOSL 2012, pp. 51, 2a–               GOSL (2012, p. 51), these forests
                                                  sedentary habits, forest loss and                       3–145; Nanayakkara 1996, in Mattson et                remained relatively stable from 1992 to
                                                  degradation are also likely to result in                al. 2012, p. 31). Open-canopy forest                  2010 (Table 4). However, satellite
                                                  direct mortality of individuals or                      (canopy density less than 70 percent)                 imagery shows deforestation occurred in
                                                  populations, via physical trauma caused                 covered an additional 6.8 percent of the              these forests during this period,
                                                  by the activities that result in forest loss            country in 2010 for an overall forest                 although at low levels (GOSL 2015,
                                                  and degradation, or the intentional                     cover of 28.6 percent (GOSL 2012, p.                  unpaginated). Further, more recent
                                                  killing of these spiders when they are                  51).                                                  evidence indicates these forests are
                                                  encountered by humans during these                         The extent of past deforestation                   currently declining. A recent report
                                                  activities (see Intentional Killing). Such              differed in the three climate zones of the            indicates that activities such as
                                                  mortality not only has the potential to                 country. The impacts of anthropogenic                 firewood collection, cutting of trees for
                                                  affect these species’ abundances and                    factors on forests in the wetter regions              other domestic purposes, and gem
                                                  distributions, but also their genetic                   of the island have been more extensive                mining are ongoing in these forests, and
                                                  diversity. Tarantulas have highly                       due to the higher density of the human                that large areas were recently illegally
                                                  structured populations (See Tarantula                   population in these regions. The human                cleared for vegetable cultivation
                                                  General Biology), and, consequently, the                population density in the wet zone is                 (Wijesundara 2012, p. 182). While these
                                                  loss of a local population of a species—                650 people per km2 (1,684 per mi2)                    forests are protected in Sri Lanka,
                                                  due to habitat loss or any other factor—                compared to 170 people per km2 (440                   administering agencies do not appear to
                                                  equates to a loss of unique genetic                     per km2) in the dry zone and 329 per                  have sufficient resources to prevent
                                                  diversity (Bond et al. 2006, p. 154, citing             km2 (852 per mi2) nationally (GOSL                    these activities (Wijesundara 2012, p.
                                                  several sources). Finally, the loss of                  2012, p. 8). Currently about 13 percent               182).
                                                  forest also often results in fragmented                 of the wet zone, 15 percent of the                       The area of lowland wet zone forests
                                                  habitat. Due to their limited dispersal                 intermediate zone, and 29 percent of the              (lowland rainforest) declined from 1992
                                                  ability, forest fragmentation is likely to              dry zone are densely forested (Table 3).              to 2010 (Table 4). Remaining lowland
                                                  isolate Poecilotheria populations, which                   Recent information on forest cover in              rainforests are severely fragmented,
                                                  increases their vulnerability to                        the different climate zones is provided               exist primarily as small, isolated
                                                  stochastic processes (see Stochastic                    in GOSL 2015, GOSL 2012, and FAO                      patches, and declined by 182 km2 (70
                                                  Processes), and may also expose                         2015a, all of which provide information               mi2) during the 18-year period, though
                                                  wandering males and dispersing                          from the Forest Department of Sri                     the rate of loss slowed considerably
                                                  juveniles to increased mortality from                   Lanka. The GOSL 2015 report provides                  during the latter half of this period
                                                  intentional killing or predation when                   a map of the change in forest cover                   (GOSL 2012, p. 2a–3–142; Lindstrom et
                                                  they attempt to cross between forest                    between 1992 and 2010 and a                           al. 2012, p. 681) (Table 4). GOSL (2015,
                                                  fragments (Bond et al. 2006, p. 155) (see               qualitative assessment of these changes.              unpaginated) shows low levels of
                                                  Intentional Killing).                                   The GOSL 2012 and FAO 2015a reports                   deforestation throughout the lowland
                                                                                                          provide quantitative information on the               rainforest region from 1992 to 2010, and
                                                  Natural Forest
                                                                                                          area of forest cover by forest type for               identifies a deforestation ‘‘hotspot’’ on
                                                    Natural forests covered almost the                    1992, 1999, and 2010 and contain                      the border of Kalutara and Ratnapura
                                                  entire island of Sri Lanka a few                        identical data from the Forest                        districts, which is within the range of P.
                                                  centuries ago (Mattsson et al. 2012, p.                 Department. The relevant forest cover                 ornata (Fig. 1, Fig. 2).
                                                  31). However, extensive deforestation                   information in these two reports is
                                                  occurred during the British colonial                                                                          Dry and Intermediate Zone Forests
                                                                                                          provided in Table 4. However, the
                                                  period (1815–1948) as a result of forest-               Forest Department of Sri Lanka used                      Dry and intermediate zone forests,
                                                  clearing for establishment of plantation                different rainfall criteria to separate dry           which include most open-canopy forest
                                                  crops such as tea and coffee, and also                  and intermediate zone forests, and                    (Mattsson et al. 2012, p. 30), declined by
                                                  exploitation for timber, slash-and-burn                 different altitude criteria to separate               1,372 km2 (530 mi2) between 1992 and
                                                  agriculture (a method of agriculture in                 montane and submontane forests, in                    2010 (Table 4). According to GOSL
                                                  which natural vegetation is cut down                    different years (see climate zone and                 (2015, unpaginated), the rate of
                                                  and burned to clear the land for                        forest definitions in FAO 2015a, p. 6;                deforestation nationwide during this
                                                  planting), and land settlement. In 1884,                GOSL 2012, p. 51; FAO 2005, p. 7; FAO                 period was highest in Anuradhapura
                                                  about midway through the British                        2001, pp. 16, 53). Therefore, we                      and Moneragala districts, in which large
                                                  colonial period, closed-canopy (dense)                  combine the information on                            portions of the ranges of P. fasciata and
                                                  forest covered 84 percent of the country                intermediate and dry zone forests, and                P. vittata occur (see Fig. 1, Fig. 2). GOSL
                                                  and was reduced to 44 percent by 1956                   the information on montane and                        (2015, unpaginated) also report
                                                  (GOSL 2012, p. 2a–3–145; Nanayakkara                    submontane forests in Table 4. We                     deforestation hotspots in other districts
                                                  1996, in Mattson et al. 2012, p. 31).                   discuss the information on forest cover               (for instance Puttalam and Hambantota)
                                                  Deforestation continued after                           from the various sources by climate                   in which these species occur. Natural
                                                  independence as the result of timber                    zone below.                                           regeneration of dry forest species is
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                                                  extraction, slash-and-burn agriculture,                                                                       reported to be very poor, and dry zone
                                                  human settlements, national                             Wet Zone Forest                                       forests are heavily degraded as a result
                                                  development projects, and                                 Very little wet zone forest remains in              of activities such as frequent shifting
                                                  encroachment (GOSL 2012, pp. 2a–3–                      Sri Lanka. Currently, the area of                     cultivation and timber logging (Perera
                                                  144–145; Perera et al. 2012, p. 165). As                montane and submontane forests                        2012, p. 165, citing several sources).




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                                                                            Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules                                                                                             90307

                                                                TABLE 3—THE TOTAL AREA OF SRI LANKA’S CLIMATE ZONES, AND THE COVERAGE OF DENSE FOREST
                                                           [(Canopy cover greater than 70 percent) within each zone in 2010, based on information provided in Table 2 and GOSL 2012, p. 51.]

                                                                                                                                                                                                                        Area covered
                                                                                                                                                                                                                         with dense
                                                                                                                                                                                                                       forest (canopy
                                                                                                                                                                                                                        cover greater               Proportion
                                                                                                            Climate zones of                                                                        Area 1 (km2)           than 70                (percent) with
                                                                                                                Sri Lanka                                                                                                 percent)                dense forest 2
                                                                                                                                                                                                                       closed-canopy
                                                                                                                                                                                                                       forest in 2010
                                                                                                                                                                                                                            (km2)

                                                  Wet Zone .....................................................................................................................................          15,090                      1,966                           13
                                                  Intermediate Zone ........................................................................................................................               7,873                      1,179                           15
                                                  Dry Zone ......................................................................................................................................         39,366                  3 11,238                            29
                                                  Arid Zone .....................................................................................................................................          3,281       ........................   ........................
                                                     1 Calculated based on proportion of land area in each climate zone as provided in Table 2, and a total land area of 65,610 km2.
                                                     2 Originalnatural extent of forest cover in each zone is unknown. However, it is likely each zone was close to 100% forested because, as indi-
                                                  cated above (see Natural Forest), in 1884, after several decades of deforestation during the British colonial period, dense forest covered 84% of
                                                  the island.
                                                    3 Figure is for dry monsoon forest and riverine forest. It does not include mangrove forests.



                                                                                       TABLE 4—AREA OF SRI LANKA FOREST COVER IN 1992, 1999, AND 2010 IN KM2
                                                     [(Based on GOSL 2012, p. 51 and FAO 2015a, pp. 8–9). Forest cover for specific forest types are for dense (canopy density greater than 70
                                                                    percent) forest. Area of open-canopy forest (canopy density less than 70 percent) is provided separately.]

                                                                                                               Forest types                                                                            1992                   1996                       2010
                                                                                                              (climate zone)

                                                  Lowland Rainforest (Wet) ............................................................................................................                    1,416                     1,243                      1,233
                                                  Submontane and montane Forest (Wet) .....................................................................................                                  719                       689                        733
                                                  Moist monsoon + dry monsoon + riverine forest (Dry and Intermediate) ...................................                                                13,606                    12,679                     12,417
                                                  Open-canopy forest (Dry) ............................................................................................................                    4,638                     4,716                      4,455



                                                  Forest Conservation Measures                                                  Although considerable efforts have                                   Current and Future Forest Trends
                                                     Sri Lanka has taken several steps in                                    been undertaken in Sri Lanka in recent                                     The current drivers of deforestation
                                                  recent decades to conserve its forests,                                    years to stop deforestation and forest                                  and forest degradation in Sri Lanka
                                                  and these efforts have contributed to the                                  degradation, these processes are ongoing                                include a variety of factors such as
                                                  slowing of deforestation in the country                                    (see Current and Future Forest Trends).                                 small-scale encroachments, illicit timber
                                                  (GOSL 2012, pp. 54–55). In 1990 the                                        The assessment of the status of natural                                 harvesting, forest fires, destructive
                                                  country imposed a moratorium, which                                        forests during the Species Red List                                     mining practices, and clearing of forest
                                                  is still in effect, on logging in all natural                              assessments in 2012 indicate that,                                      for developments, settlements, and
                                                  forests, has marked most forest and                                        despite advances in forest conservation                                 agriculture (GOSL 2012, p. 12). These
                                                  wildlife reserve boundaries to stem                                        in the country, many existing threats                                   are exacerbated by a large, dense human
                                                  encroachments, and prepared and                                            continue to impact forest habitats                                      population that is projected to increase
                                                  implemented management plans for                                           (GOSL 2014, p. 26). While laws and                                      from 20.7 million in 2015 to 21.5
                                                  forest and wildlife reserves, which                                        regulations are in place to address                                     million in 2030 (United Nations 2015, p.
                                                  became legal requirements under the                                        deforestation, issues exist regarding                                   22). While the majority of forested areas
                                                  Forest Ordinance Amendment Act No.                                         their implementation (GOSL 2012, pp.                                    are protected areas, further population
                                                  65 of 2009 and the Fauna and Flora                                         55, 2a–3–148–150). For instance, lack of                                growth is likely to result in reduction of
                                                  Ordinance Amendment Act No. 22 of                                                                                                                  forested areas because (1) Sri Lanka
                                                                                                                             financial assistance for protected area
                                                  2009 (GOSL 2014, p. 26). The                                                                                                                       already has a very high human density
                                                                                                                             management, increasing demand for
                                                  government also encourages community                                                                                                               (329 people per km2 (852 per mi2)), (2)
                                                  participation in forest and protected                                      land, and regularization of land                                        increases in the population will elevate
                                                  area management, has implemented                                           encroachments, result in further loss of                                an already high demand for land, and
                                                  programs to engage residents in                                            the forest habitat of the five species                                  (3) little non-forested land is available
                                                  community forestry to reduce                                               addressed in this finding (GOSL 2014,                                   for expansion of housing, development,
                                                  encroachment of cash crops and tea in                                      p. 22; GOSL 2011, unpaginated). Also,                                   cash crops, or subsistence agriculture
                                                  the wet zone and slash-and-burn                                            there is poor coordination between                                      (GOSL 2012, pp. 8, 14, 58). Most (72%)
                                                  agriculture in the dry zone, and                                           government agencies with respect to                                     of the population of Sri Lanka is rural,
                                                  encourages use of non-forest lands and                                     forest conservation—conservation                                        dependence on agriculture for
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                                                  private woodlots for meeting the                                           agencies are not always adequately                                      subsistence is widespread, and the rate
                                                  demands for wood and wood products                                         consulted on initiatives to develop                                     of population growth is higher in rural
                                                  (GOSL 2014, p. 26). In addition to these                                   forested land (GOSL 2014, p. 22; MOE                                    areas resulting in an increasing demand
                                                  efforts, between 12 percent (GOSL 2015,                                    2010, p. 31). In addition, many                                         for land for subsistence (Lindstrom et al.
                                                  unpaginated) and 28 percent (GOSL                                          protected areas within the wet zone are                                 2012, p. 680; GOSL 2011, unpaginated).
                                                  2014, pp. xvi, 23) of the country’s land                                   small, degraded, and isolated (GOSL                                       The current drivers of deforestation
                                                  area is reported to be under protected                                     2014, p. 31).                                                           and forest degradation are also
                                                  area status.                                                                                                                                       exacerbated by high economic returns


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                                                  90308             Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules

                                                  from illicit land conversions, lack of                  Coconut Plantations                                   (6,514 mi2)) of dense and open canopy
                                                  alternative livelihood opportunities for                   Coconut is grown throughout Sri                    dry and intermediate zone forests—in
                                                  those practicing slash-and-burn                         Lanka. Most (57 percent) of the area                  which the ranges of P. fasciata and P.
                                                  agriculture, and, in the dry zone, weak                 under coconut cultivation is in the                   vittata occur—remain, deforestation in
                                                  implementation of land-use policy, and                  intermediate and wet zones north of                   these forests is ongoing, and recent rates
                                                  poverty (GOSL 2012, pp. 14–15).                         Colombo (MOE 2011, p. 14), which                      of deforestation in the country have
                                                  Further, for the 30 years prior to 2009,                overlaps with the southern portion of                 been highest in regions constituting
                                                  Sri Lanka was engaged in a civil war                    the range of P. fasciata. As indicated                large portions of the ranges of these two
                                                  and, although the war took place                        above, P. fasciata are sometimes found                species. Forest cover continues to
                                                  primarily in the dry zone of the                        in coconut plantations in Sri Lanka,                  decline at a rate of 86 km2 (33 mi2) per
                                                  northern and eastern regions of the                                                                           year and the rate of loss is higher in the
                                                                                                          although the extent to which coconut
                                                  country, limited deforestation rates                                                                          dry zone than the wet zone. While the
                                                                                                          plantations contribute to sustaining
                                                                                                                                                                current rate of forest loss is much lower
                                                  during the past few decades are                         viable populations of these species is
                                                                                                                                                                than in the previous century, the rate of
                                                  attributed not only to the inaccessibility              unknown. This is particularly the case
                                                                                                                                                                loss of natural forest is increasing and
                                                  of many areas of the dry zone during the                because (1) tarantulas are poor
                                                                                                                                                                is anticipated to increase in the future
                                                  war, but also to the slow pace of                       dispersers (see Tarantula General
                                                                                                                                                                with the country’s emphasis on
                                                  development in the country as a whole                   Biology), (2) colonization of coconut
                                                                                                                                                                development and the projected
                                                  during this period (GOSL 2012, pp. 48,                  plantations by the species appears to
                                                                                                                                                                population increase of 800,000 people.
                                                  56–57).                                                 depend on the occurrence of occupied
                                                                                                                                                                While coconut plantations provide
                                                                                                          natural forest in relatively close                    additional habitat for one species (P.
                                                     Overall, deforestation and forest
                                                                                                          proximity to coconut plantations (Smith               fasciata) in some areas, they are
                                                  degradation in Sri Lanka are ongoing,
                                                                                                          et al. 2001, entire), and (3) very little             becoming increasingly fragmented due
                                                  although recent rates of deforestation                  natural forest remains in the coconut
                                                  are much lower than during the mid- to                                                                        to demand for housing.
                                                                                                          growing region in which P. fasciata                      Tarantulas have sedentary habits,
                                                  late- 20th century—the rate of                          occurs (Fig. 2 and GOSL 2015,
                                                  deforestation during 1992–2010 was 71                                                                         limited dispersal ability, and highly
                                                                                                          unpaginated; MOE 2014, p. 94).                        structured populations. Therefore, loss
                                                  km2 (27.4 mi2) per year, compared to                       The aerial extent of coconut
                                                  400 km2 (154 mi2) per year during                                                                             of habitat has likely resulted in direct
                                                                                                          cultivation in Sri Lanka has varied                   loss of individuals or populations and,
                                                  1956–1992 (GOSL 2015, unpaginated).                     between about 3,630 and 4,200 km2                     consequently, a reduction in the
                                                  However, since the end of Sri Lanka’s                   (1,402 and 1,622 mi2) since 2005                      distribution and genetic diversity of
                                                  civil war in 2009, the government has                   (Central Bank of Sri Lanka 2014,                      these species. The distribution of these
                                                  been implementing an extensive 10-year                  Statistical Appendix, Table 13), with no              species is already limited—each
                                                  development plan with the goal of                       clear directional trend. However, due to              currently occupies less than 500 km2
                                                  transforming the country into a global                  the rising human population and                       (193 mi2) or, for P. smithi, less than 10
                                                  economic and industrial hub                             resulting escalating demand for land in               to 15 km2 (3.9 to 5.8 mi2) of its range—
                                                  (Buthpitiya 2013, p. ii; Central Bank of                Sri Lanka, plantations have become                    and deforestation continues within the
                                                  Sri Lanka 2012, p. 67; Ministry of                      increasingly fragmented due to                        ranges of all five species discussed in
                                                  Finance and Planning—Sri Lanka                          conversion of these lands to housing                  this finding. Further, the limited
                                                  (MOFP) 2010, entire). The plan includes                 (GOSL 2014, pp. 26–27). As indicated                  distribution of these species is likely
                                                  large infrastructure projects throughout                above, due to their limited dispersal                 continuing to decline with ongoing loss
                                                  the country (MOFP 2010, entire).                        ability, forest fragmentation is likely to            of habitat. While the specific amount of
                                                  Projects include, among other things,                   isolate Poecilotheria populations, which              habitat area required to maintain the
                                                  development of seaports, airports,                      increases their vulnerability to                      long term viability of each of these
                                                  expressways, railways, industrial parks,                stochastic processes (see Stochastic                  species is unknown, given that (1) these
                                                  power plants, and water management                      Processes), and may also expose                       species’ have very small distributions,
                                                  systems that will allow for planned                     wandering males and dispersing                        (2) there is little forest remaining in Sri
                                                  expansion of agriculture, and many of                   juveniles to increased mortality from                 Lanka, (3) remaining habitat is
                                                  these projects have already started                     intentional killing or predation when                 fragmented, and (4) deforestation is
                                                  (Buthpitiya 2013, pp. 5–6; Central Bank                 they attempt to cross between forest                  ongoing within these species’ ranges, we
                                                  of Sri Lanka 2012, p. 67; MOFP 2010,                    fragments (Bond et al. 2006, p. 155) (see             conclude that habitat loss is likely
                                                  entire). They also include projects                     Intentional Killing). Thus, even though               currently having significant negative
                                                                                                          P. fasciata uses coconut plantations to               impacts on the viability of these species.
                                                  located within the ranges of all five
                                                                                                          some extent, fragmentation of this
                                                  species addressed in this finding,                                                                            Pesticides
                                                                                                          habitat is likely to isolate populations
                                                  although the plan does not provide the                                                                           Pesticides are identified as a threat to
                                                                                                          and increase their vulnerability to
                                                  amount of area that will be impacted by                                                                       Poecilotheria species in Sri Lanka
                                                                                                          stochastic processes, intentional killing,
                                                  these projects (Fig. 2 and MOFP 2010,                   and predation.                                        (Nanayakkara 2014b, unpublished data;
                                                  pp. 63, 93, 101, 202–298). The rate of                                                                        Gabriel 2014, unpaginated). The five
                                                  loss of natural forest (primary forest and              Summary                                               species addressed in this finding could
                                                  other naturally regenerated forest)                        Sri Lanka has lost most of its forest              potentially be exposed to pesticides via
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                                                  increased from 60 km2 (23 mi2) per year                 cover due to a variety of factors over the            pesticide drift into forests that are
                                                  during 2000–2010 to 86 km2 (33 mi2)                     past several decades. Very little (1,966              adjacent to crop-growing areas; by
                                                  per year during 2010–2015 (FAO 2015b,                   km2 (759 mi2)) wet zone forest—in                     traveling over pesticide treated land
                                                  pp. 44, 50). As post-war reconstruction                 which the ranges of P. ornata, P. smithi,             when dispersing between forest patches;
                                                  and development continues in Sri                        and P. subfusca occur—remains in the                  or by consuming prey that have been
                                                  Lanka, deforestation and forest                         country, the remainder is highly                      exposed to pesticides. Populations of
                                                  degradation can be expected to rise                     fragmented, and continues to be lost.                 these species could potentially be
                                                  (GOSL 2012, p. 2a–3–146).                               Only about 35 percent (16,872 km2                     directly affected by pesticides through


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                                                                    Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules                                             90309

                                                  increased mortality or through sub-                     high level of toxicity of the insecticides            development, growth, and reproduction
                                                  lethal effects such as reduced fecundity,               commonly used in the country, it is                   (Deutsch et al. 2008, pp. 6668–6669,
                                                  fertility, and offspring viability, and                 likely that the species addressed in this             6671). Evidence also indicates they may
                                                  changes in sex ratio, behavior, and                     finding are directly or indirectly                    have low potential to increase their
                                                  dispersal (Nash et al. 2010, p. 1694,                   negatively affected by pesticides to                  resistance to desiccation (Schilthuizen
                                                  citing several sources). Poecilotheria                  some extent. Therefore, while the                     and Kellerman 2014, p. 61, citing
                                                  species may also be indirectly affected                 population level effects of pesticides on             several sources).
                                                  by pesticides if pesticides result in a                 the five species addressed in this                       While observed and projected changes
                                                  reduction or depletion of available prey.               finding are uncertain, the effects of                 in temperature and precipitation could
                                                     There are over 100 pesticide                         pesticides likely exacerbate the effects              potentially be within the tolerance
                                                  (herbicide, fungicide, and insecticide)                 of other threats acting on these species.             limits of the Poecilotheria species
                                                  active ingredients registered for use in                                                                      addressed in this finding, it is possible
                                                  Sri Lanka. Among the most commonly                      Climate Change                                        that climate change could directly
                                                  used insecticides are carbofuran,                          The Intergovernmental Panel on                     negatively affect these species through
                                                  diazinon, and chloropyrifos (Padmajani                  Climate Change (IPCC) concluded that                  rising land surface temperatures,
                                                  et al. 2014, pp. 11–12). These are broad                warming of the climate system is                      changes in the amount and pattern of
                                                  spectrum, neurotoxic insecticides,                      unequivocal (IPCC 2013, p. 4).                        precipitation, and increases in the
                                                  which tend to have very negative effects                Numerous long-term climate changes                    frequency and intensity of extreme
                                                  on non-target organisms (Pekar 2013, p.                 have been observed including changes                  climate events such as heat waves or
                                                  415). Further, sit-and-wait predators                   in land surface temperatures,                         droughts. It is also possible that climate
                                                  appear to be more sensitive to                          precipitation patterns, ocean                         change could indirectly negatively affect
                                                  insecticide applications than web-                      temperature and salinity, sea ice extent,             these species, by negatively impacting
                                                  making spiders (Pekar 1999, pp. 1077).                  and sea level (IPCC 2013, pp. 4–12).                  populations of their insect prey species,
                                                     The use of pesticides in Sri Lanka has               Various types of changes in climate can               which are also tropical ectotherms. In
                                                  been increasing steadily since the 1950s                have direct or indirect effects on                    the only detailed observations of a Sri
                                                  (Selvarajah and Thiruchelvam 2007, p.                   species. These effects may be positive,               Lankan Poecilotheria species, Smith et
                                                  381). Pesticide imports into Sri Lanka                  neutral, or negative and they may                     al. (2001, entire) indicate that P. fasciata
                                                  increased by 50 percent in 2011                         change over time, depending on the                    found in natural forest were emaciated
                                                  compared to 2006 (Padmajani et al.                      species and other relevant                            and without spiderlings during an
                                                  2014, p. 11). The level of misuse and                   considerations, such as the effects of                extended drought, while those found in
                                                  overuse of pesticides in Sri Lanka is                   interactions of climate with other                    an irrigated plantation had wider girths
                                                  high. Depending on region and crop                      variables (e.g., habitat fragmentation)               and spiderlings (see Species –Specific
                                                  species, 33 to 60 percent of Sri Lankan                 (IPCC 2007, pp. 8–14, 18–19). However,                Information). These observations
                                                  farmers use greater amounts, higher                     a large fraction of terrestrial and                   indicate that the lack of reproduction in
                                                  concentrations, or more frequent                        freshwater species face increased                     natural forest during the drought may
                                                  applications of pesticides (or a                        extinction risk under projected climate               have been due either to desiccation
                                                  combination of these) than is                           change during and beyond the current                  stress or lack of available prey, or both,
                                                  recommended (Padmajani et al. 2014,                     century, especially as climate change                 as a result of low moisture levels.
                                                  pp. 13, 31, citing several sources).                    interacts with habitat modification and                  The general trend in temperature in
                                                     The susceptibility of spiders to the                 other factors such as overexploitation,               Sri Lanka over the past several decades
                                                  direct effects of different pesticides                  pollution, and invasive species (Settele              is that of increasing temperature, though
                                                  varies with pesticide type and                          et al. 2014, p. 275).                                 with considerable variation between
                                                  formulation, spider species,                               Maintenance of body temperature and                locations in rates and magnitudes of
                                                  development stage, sex, and abiotic and                 water relations by spiders is critical to             change (De Costa 2008, p. 87; De Silva
                                                  biotic conditions at the time of pesticide              their survival. All spiders, including                et al. 2007, p. 21, citing several sources).
                                                  application (Pekar 2013, pp. 416–417).                  Poecilotheria, are ectotherms and,                    Over the six to ten decades prior to
                                                  Further, different classes of pesticides                therefore, their body temperature varies              2007, temperatures have increased
                                                  can cause different sub-lethal effects.                 with that of their environment. While                 within all climate zones of the country,
                                                  For instance, activities such as                        spiders keep body temperature within                  although rates of increase vary from
                                                  movement, prey capture, reproduction,                   tolerable limits through behaviors such               0.065 °C (0.117 °F) per decade in
                                                  development, and defense are                            as moving into shade when                             Ratnapura (an increase of 0.65 °C
                                                  particularly disrupted by neurotoxic                    temperatures rise (Pulz 1987, pp. 27,                 (1.17 °F) during the 97-year period
                                                  formulations because they are governed                  34–35), they are susceptible to rapid                 analyzed) in the lowland wet zone, to
                                                  by complex neural interactions.                         fluctuations in body temperature and                  0.195 °C (0.351 °F) per decade in
                                                  However, spiders can potentially                        severe depletion of body water stores                 Anuradhapura (an increase of 1.50 °C
                                                  recover from sub-lethal effects over                    due to their relatively low body mass                 (2.70 °F) during the 77-year period
                                                  several days (Pekar 2013, p. 417),                      and high surface to volume ratio (Pulz                analyzed) in the dry zone. In the
                                                  although the effects are complicated by                 1987, p. 27).                                         montane region, temperatures increased
                                                  the potential for cumulative effects of                    Tropical ectotherms evolved in an                  at a rate of 0.141 °C (0.254 °F) per
                                                  multiple applications across a season                   environment of relatively low inter- and              decade at Nuwara Eliya to 0.191 °C
                                                  (Nash et al. 2010, p. 1694).                            intra-annual climate variability, and                 (0.344 °F) per decade at Badulla
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                                                     We are not aware of any information                  already live near their upper thermal                 (increases of 1.09 and 1.47 °C (1.96 and
                                                  on the population level effects of                      limits (Settele et al. 2014, p. 301;                  2.65 °F) during the 77-year period
                                                  pesticides on Poecilotheria species.                    Deutsch et al. 2008, p. 6669). Their                  analyzed, respectively) (De Costa 2008,
                                                  However, given the large proportion of                  capacity to acclimate is generally low.               p. 68). The rate of warming has
                                                  Sri Lanka’s human population that is                    They have small thermal safety margins,               increased in more recent years—overall
                                                  reliant on farming, the high level of                   and small amounts of warming may                      temperature in the country increased at
                                                  misuse and overuse of pesticides in the                 decrease their ability to perform basic               a rate of 0.003 °C (0.005 °F) per year
                                                  country, and the broad-spectrum and                     physiological functions such as                       during 1896–1996, 0.016 °C (0.029 °F)


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                                                  90310             Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules

                                                  per year during 1961–1990, and 0.025                    to observed and projected climate                     Poecilotheria populations. Due to the
                                                  °C (0.045 °F) per year during 1987–1996                 change in Sri Lanka are largely                       patchy distributions and poor dispersal
                                                  (Eriyagama et al. 2010, p. 2, citing                    unknown. However, the climate in Sri                  abilities of tarantulas, collection of
                                                  several sources). Depending on future                   Lanka has already changed considerably                several individuals from a single
                                                  climate scenarios, temperatures are                     in all climate zones of the country, and              location could potentially reduce the
                                                  projected to increase by 2.93 to 5.44 °C                continues to change at an increasing                  abundance or distribution of a species,
                                                  (5.27 to 9.49 °F) by the end of the                     rate. These species evolved in specific,              especially those with restricted
                                                  current century in South Asia (Cruz et                  relatively stable climates and, because               distributions (Molur et al. 2006, p. 14;
                                                  al. 2007, in Eriyagama et al. 2010, p. 6).              they are tropical ectotherms, may be                  West et al. 2001, unpaginated). Further,
                                                  Downscaled projections for Sri Lanka                    sensitive to changing environmental                   because tarantula populations are highly
                                                  using regional climate models report                    conditions, particularly temperature and              structured, loss of individuals from a
                                                  increases of 2.0 to 4.0 °C (3.6 to 7.2 °F)              moisture (Deutsch et al. 2008, pp. 6668–              single location could result in
                                                  by 2100, while statistical downscaling                  6669; Schilthuizen and Kellerman 2014,                significant loss of that species’ genetic
                                                  of global climate models report                         pp. 59–61, citing several sources).                   diversity (Bond 2006, p. 154). Collection
                                                  increases of 0.9 to 3 °C (1.62 to 5.4 °F)               Moreover, because they have poor                      of a relatively large number of
                                                  by 2100 and 1.2 to 1.3 °C (2.16 to                      dispersal ability, Peocilotheria are                  individuals from a single population
                                                  2.34 °F) by 2050 (Eriyagama et al. 2010,                unlikely to be able to escape changing                could also alter population
                                                  p. 6, citing several sources).                          climate conditions via range shifts.                  demographics such that the survival of
                                                     Studies show a decreasing trend in                   Therefore, while population level                     a species or population is more
                                                  rainfall in Sri Lanka over the past                     responses of the five species addressed               vulnerable to the effects of other factors,
                                                  several decades (see De Costa 2008, p.                  in this finding to observed and projected             such as habitat loss.
                                                  87; De Silva et al. 2007, p. 21, citing                 changes in climate are not certain, the                  Collection of species from the wild for
                                                  several sources) although, according to                 stress imposed on these species by                    trade often begins when a new species
                                                  the Climate Change Secretariat of Sri                   increasing temperatures and changing                  is described or when a rare species has
                                                  Lanka (2015, p. 19) there is no                         patterns of precipitation is likely                   been rediscovered. Alerted to a new or
                                                  consensus on this fact. However,                        exacerbating the effects of other factors             novel species, collectors arrive at the
                                                  authors appear to agree that the                        acting on these species such as habitat               reported location and set out collecting
                                                  intensity and frequency of extreme                      loss and degradation, and stochastic                  the species from the wild (Molur et al.
                                                  events such as droughts and floods have                 processes. This is especially the case for            2006, p. 15; Stuart et al. 2006, entire).
                                                  increased (Imbulana et al 2016 and                      P. fasciata because (1) the frequency and             For tarantulas, adult females may be
                                                  Ratnayake and Herath 2005, in Climate                   intensity of droughts has increased and               especially vulnerable to collection
                                                  Change Secretariate of Sri Lanka 2015,                  are expected to continue increasing, (2)              pressures as collectors often attempt to
                                                  p. 19).                                                 based on the best available information,              capture females, which produce young
                                                     Rainfall in Sri Lanka is highly                      the species fails to reproduce in natural             that can be sold (Capannini 2003, p.
                                                  variable from year to year, across                      forest during extended droughts, and (3)              107). Collectors then sell the collected
                                                  seasons and across locations within any                 most populations have been found in                   specimens or their offspring to
                                                  given year (Jayatillake et al. 2005, p. 70).            natural forest.                                       hobbyists who captive-rear the species
                                                  Statistically significant declines in                                                                         and provide the pet trade with captive-
                                                  rainfall have been observed for the                     Trade                                                 bred specimens (Gabriel 2014,
                                                  period 1869–2007 at Anuradhapura in                        Poecilotheria species are popular in               unpaginated; Molur et al. 2006, p. 16).
                                                  the northern dry zone (12.92 mm (5.08                   trade due to their striking coloration and            Thus, more individuals are likely to be
                                                  in) per decade), and Badulla, Kandy,                    large size (Nanayakkara 2014a, p. 86;                 captured from the wild during the
                                                  and Nuwara Eliya (19.16, 30.50, and                     Molur et al. 2006, p. 23). In 2000,                   period in which captive-breeding stocks
                                                  51.60 mm (0.75, 1.20, and 2.03 in) per                  concerned about increasing trade in                   are being established, in other words,
                                                  decade, respectively) in the central                    these species, Sri Lanka and the United               prior to the species becoming broadly
                                                  highlands (De Costa 2008, p. 77).                       States co-sponsored a proposal to                     available in trade (Gabriel 2014,
                                                  Significant declines have also been                     include the genus in Appendix II of the               unpaginated).
                                                  observed in more recent decades at                      Convention on International Trade in                     All five of the petitioned endemic Sri
                                                  Kurunegala in western Sri Lanka’s                       Endangered Species of Wild Fauna and                  Lankan species are bred by hobbyists
                                                  intermediate zone (120.57 mm (4.75 in)                  Flora (CITES) (Government of Sri Lanka                and vendors and are available in the pet
                                                  per decade during 1970–2007) and                        and Government of the United States                   trade as captive-bred individuals in the
                                                  Ratnapura (41.02 mm (1.61 in) per                       2000, entire). However, at the 11th                   United States, Europe, and elsewhere
                                                  decade during 1920–2007) (De Costa                      Conference of the Parties, the proposal               (see Herndon 2014, pers. comm.;
                                                  2008, p. 77). Further, a significant trend              was criticized as containing too little               Elowsky 2014, unpaginated; Gabriel
                                                  of decreasing rainfall with increasing                  information on international trade and                2014, unpaginated; Longhorn 2014a,
                                                  temperature exists at Anuradhapura,                     species’ distribution limits. It was                  unpaginated; Longhorn 2014b;
                                                  Kurunegala, and Nuwara Eliya (De Costa                  further noted that the genus was                      Mugleston 2014, unpaginated; U.S. Fish
                                                  2008, pp. 79–81). Patterns of future                    primarily threatened by habitat                       and Wildlife Service Division of
                                                  rainfall in the country are highly                      destruction, and was not protected by                 Management Authority 2012, in litt.).
                                                  uncertain—studies provide variable and                  domestic legislation in India. No                     Captive-bred individuals appear to
                                                  conflicting projections (Eriyagama et al.               consensus was reached on the                          supply the majority of the current legal
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                                                  p. 6, citing several sources). However,                 proposal—there were 49 votes in favor,                trade in these species, at least in the
                                                  an increased frequency of dry periods                   30 against, and 27 abstentions—and the                United States. The Service’s Law
                                                  and droughts are expected (MOE 2010,                    proposal was therefore rejected                       Enforcement Management Information
                                                  p. 35).                                                 (Convention on International Trade in                 System contains information on U.S.
                                                     While at least one of the species                    Endangered Species 2000, p. 50).                      international trade in three of these
                                                  addressed in this finding appears to be                    Collection of Poecilotheria specimens              species—P. fasciata, P. ornata, and P.
                                                  vulnerable to drought, the responses of                 from the wild could potentially have                  vittata (it does not currently collect
                                                  the five petitioned Poecilotheria species               significant negative impacts on                       information on P. smithi or P. subfusca).


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                                                                    Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules                                           90311

                                                  Of the 400 individuals of these species                 population effects of other factors                   (random) events and processes, such as
                                                  that were legally imported into, or                     negatively impacting these species, such              floods, fire, landslides, and drought
                                                  exported or re-exported from, the                       as habitat loss and degradation, and                  (Brooks et al. 2008, pp. 455–456;
                                                  United States during 2007–2012, 392                     stochastic processes.                                 Mangel and Tier 1994, entire; Pimm et
                                                  (98 percent) were declared as captive-                                                                        al. 1988, p. 757). These problems can be
                                                                                                          Intentional Killing
                                                  bred (U.S. Fish and Wildlife Service                                                                          further magnified when populations are
                                                  Division of Management Authority                           Poecilotheria spiders are feared by                very small, due to genetic bottlenecks
                                                  2012, in litt.). However, wild                          humans in Sri Lanka and, as a result, are             (reduced genetic diversity resulting
                                                  individuals of at least some of the                     usually killed when encountered                       from fewer individuals contributing to
                                                  petitioned species are still being                      (Kekulandala and Goonatilake 2015,                    the species’ overall gene pool) and
                                                  collected (Nanayakkara 2014a, p. 86;                    unpaginated; Nanayakkara 2014a, p. 86;                random demographic fluctuations
                                                  Nanayakkara 2014b, unpublished data;                    Gabriel 2014, unpaginated; Smith et al.               (Lande 1988, p. 1455–1458; Pimm et al.
                                                  U.S. Fish and Wildlife Service Division                 2001, p. 49). Intentional killing of                  1988, p. 757). Species with few
                                                  of Management Authority 2012, in litt.).                Poecilotheria spiders may negatively                  populations, limited geographic area,
                                                  Nanayakkara (2014, p. 85) and                           impact the five petitioned species by                 and a small number of individuals face
                                                  Samarawckrama et al. (2005, p. 76)                      raising mortality rates in these species’             an increased likelihood of stochastic
                                                  indicate that there is evidence of illegal              populations to such an extent that                    extinction due to changes in
                                                  smuggling from Sri Lanka, although                      populations decline or are more                       demography, the environment, genetics,
                                                  they do not provide details. Further, of                vulnerable to the effects of other factors,           or other factors, in a process described
                                                  the 400 individuals of Sri Lankan                       such as habitat loss. Adult male                      as an extinction vortex (a mutual
                                                  Poecilotheria imported into, or exported                Poecilotheria are probably more                       reinforcement that occurs among biotic
                                                  or re-exported from, the United States                  vulnerable to being intentionally killed              and abiotic processes that drives
                                                  during 2007–2012, 8 P. vittata were                     because they wander in search of                      population size downward to
                                                  declared as wild-caught. It is possible                 females during the breeding season (see               extinction) (Gilpin and Soule´ 1986, pp.
                                                  that additional wild-caught individuals                 Tarantula General Biology) and thus are               24–25). The negative impacts associated
                                                  of the Sri Lankan petitioned species                    more likely to be encountered by                      with small population size and
                                                  were (or are) not included in this total                people. Consequently, intentional                     vulnerability to random demographic
                                                  because they are imported into the                      killing could potentially reduce the                  fluctuations or natural catastrophes can
                                                  United States illegally, or imported into               density of males in an area. Because the              be further magnified by synergistic
                                                  other countries. However, we are not                    mating of a female depends on a male                  interactions with other threats.
                                                  aware of any information indicating                     finding her, and males search for                        P. smithi is known from very few
                                                  whether, or to what extent, that activity               females randomly, a reduction in the                  widely dispersed locations and is likely
                                                  occurs.                                                 density of males could result in a                    very rare (see Species—Specific
                                                     Sri Lanka prohibits the commercial                   reduction in the percent of females                   Information). Therefore, it is highly
                                                  collection and exportation of all                       laying eggs in any given year (Stradling              likely that P. smithi is extremely
                                                  Poecilotheria species, under the Sri                    1994, p. 96) and, consequently, a lower               vulnerable to stochastic processes and
                                                  Lanka Flora and Fauna Protection                        population growth rate.                               that the species is highly likely
                                                  (Amendment) Act, No. 22 of 2009,                           We are not aware of any information                negatively impacted by these processes.
                                                  which is part of the Fauna and Flora                    on the number of individuals of the                   The remaining four petitioned Sri
                                                  Protection Ordinance No. 2 (1937) (DLA                  petitioned species that are intentionally             Lankan species have narrow ranges
                                                  Piper 2015, p. 392; Government of Sri                   killed by people. However, in areas                   within specific climate zones of Sri
                                                  Lanka and Government of the United                      where these species occur, higher                     Lanka. It is unclear whether the range
                                                  States 2000, p. 5). However,                            human densities are likely to result in               sizes of these four are so small that
                                                  enforcement is weak and influenced by                   higher human contact with these                       stochastic processes on their own are
                                                  corruption (DLA Piper 2015, p. 392;                     species and, consequently, higher                     likely to have significant negative
                                                  GOSL 2012, p. 2a–3–149)                                 numbers of spiders killed. The human                  impacts on these species. However,
                                                     In sum, individuals of at least some of              population density in Sri Lanka is much               stochastic processes may have negative
                                                  these species are currently being                       higher in the wet zone (see Habitat Loss              impacts on these species in combination
                                                  collected from the wild. However, the                   and Degradation). Therefore, it is likely             with other factors such as habitat loss,
                                                  extent to which this activity is occurring              that P. ornata, P. smithi, and P. subfusca            because habitat loss can further
                                                  is unknown, as is the extent to which                   are affected by intentional killing more              fragment and isolate populations.
                                                  these species have been, or are being,                  than P. fasciata and P. vittata. Although
                                                  affected by collection. Based on the                                                                          Determinations
                                                                                                          we are not aware of any information
                                                  available information on U.S. imports, a                indicating the numbers of individuals of                 Section 4 of the Act (16 U.S.C. 1533),
                                                  small amount of trade occurs in wild                    these species that are intentionally                  and its implementing regulations at 50
                                                  specimens of these species. However, it                 killed each year, it is likely that such              CFR part 424, set forth the procedures
                                                  is likely that more wild specimens enter                killing is exacerbating the negative                  for adding species to the Federal Lists
                                                  Europe or Asia than the United States                   effects of other factors, such as habitat             of Endangered and Threatened Wildlife
                                                  due to the closer proximity of Sri Lanka                loss and degradation, on these species’               and Plants. Under section 4(a)(1) of the
                                                  to Europe and Asia and consequent                       populations.                                          Act, we may list a species based on (A)
                                                  increased ease of travel and transport of                                                                     The present or threatened destruction,
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                                                  specimens. Further, even small amounts                  Stochastic (Random) Events and                        modification, or curtailment of its
                                                  of collection of species with small                     Processes                                             habitat or range; (B) Overutilization for
                                                  populations can have a negative impact                    Species endemic to small regions, or                commercial, recreational, scientific, or
                                                  on the species. Given that evidence                     known from few, widely dispersed                      educational purposes; (C) Disease or
                                                  indicates that low levels of collection of              locations, are inherently more                        predation; (D) The inadequacy of
                                                  at least some of these species from the                 vulnerable to extinction than                         existing regulatory mechanisms; or (E)
                                                  wild continues to occur, it is likely that              widespread species because of the                     Other natural or manmade factors
                                                  collection for trade is exacerbating                    higher risks from localized stochastic                affecting its continued existence. Listing


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                                                  90312             Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules

                                                  actions may be warranted based on any                      (2) these species’ have poor dispersal             distributions, and vulnerability to
                                                  of the above threat factors, singly or in               ability, are unlikely to be able to escape            extinction; and because the threats are
                                                  combination.                                            changing climate conditions via range                 ongoing throughout their ranges at a
                                                     We have carefully assessed the best                  shifts, and Sri Lanka’s climate is                    level which places these species in
                                                  scientific and commercial information                   changing at increasing rates;                         danger of extinction now.
                                                  available on P. fasciata, P. ornata, P.                    (3) the cumulative effects of climate                 Under the Act and our implementing
                                                  subfusca, P. smithi, and P. vittata. While              change, intentional killing, pesticides,              regulations, a species may warrant
                                                  population information is not available                 capture for the pet trade, and stochastic             listing if it is endangered or threatened
                                                  on these species, the best available                    processes are likely significantly                    throughout all or a significant portion of
                                                  information indicates these species’                    exacerbating the effects of habitat loss;             its range. Because we have determined
                                                  populations have experienced extensive                  and                                                   that P. fasciata, P. ornata, P. smithi, P.
                                                  declines in the past and their                             (4) P. smithi is known from few                    subfusca, and P. vittata are endangered
                                                  populations continue to decline.                        locations, is likely rare, and very likely            throughout all of their ranges, no
                                                  Tarantulas have limited dispersal ability               vulnerable to stochastic processes.                   portion of its range can be ‘‘significant’’
                                                  and sedentary habits, and, therefore, the                  The Act defines an endangered                      for purposes of the definitions of
                                                  loss of habitat (Factor A) likely results               species in section 3(6) of the Act as any             ‘‘endangered species’’ and ‘‘threatened
                                                  in direct loss of individuals or                        species that is ‘‘in danger of extinction             species.’’ See the Final Policy on
                                                  populations and, consequently, a                        throughout all or a significant portion of            Interpretation of the Phrase ‘‘Significant
                                                  reduction in the distribution of the                    its range’’ and a threatened species in               Portion of Its Range’’ in the Endangered
                                                  species. As a result, it is highly likely               section 3(20) of the Act as any species               Species Act’s Definitions of
                                                  that the extensive loss of forest (71                   that is ‘‘likely to become an endangered              ‘‘Endangered Species’’ and ‘‘Threatened
                                                  percent in the dry zone, 85 percent in                  species within the foreseeable future                 Species’’ (79 FR 37577, July 1, 2014).
                                                  the intermediate zone, and 87 percent in                throughout all or a significant portion of
                                                                                                          its range.’’ We find that P. fasciata, P.             Available Conservation Measures
                                                  the wet zone) over historical levels
                                                  resulted in extensive reductions in these               ornata, P. smithi, P. subfusca, and P.                   Conservation measures provided to
                                                  species’ populations, and that their                    vittata are presently in danger of                    species listed as endangered or
                                                  populations continue to decline with                    extinction throughout their ranges based              threatened under the Act include
                                                  ongoing deforestation. Further, because                 on the likely severity and immediacy of               recognition of conservation status,
                                                  these species likely have highly                        threats currently impacting these                     requirements for Federal protection, and
                                                  structured populations, reductions in                   species. The populations and                          prohibitions against certain practices.
                                                  these species’ populations have likely                  distributions of these species have likely            Recognition through listing encourages
                                                  resulted in coincident loss of these                    been significantly reduced; the                       and results in public awareness and
                                                  species’ unique genetic diversities,                    remaining habitat and populations are                 conservation actions by Federal and
                                                  eroding the adaptive and evolutionary                   threatened by a variety of factors acting             State governments in the United States,
                                                  potential of these species (Bond 2006, p.               alone and in combination to reduce the                foreign governments, private agencies
                                                  154).                                                   overall viability of the species.                     and groups, and individuals.
                                                     All five of the petitioned Sri Lankan                   Based on the factors described above                  Section 7(a) of the Act, as amended,
                                                  species have restricted ranges within                   and their impacts on P. fasciata, P.                  and as implemented by regulations at 50
                                                  specific regions and climates of Sri                    ornata, P. smithi, P. subfusca, and P.                CFR part 402, requires Federal agencies
                                                  Lanka and are currently estimated to                    vittata, we find the following factors to             to evaluate their actions that are to be
                                                  occupy areas of less than 500 km2 (193                  be threats to these species (i.e., factors            conducted within the United States or
                                                  mi2), and less than 10–15 km2 (4–6 mi2)                 contributing to the risk of extinction of             upon the high seas, with respect to any
                                                  for P. smithi. Due to the life-history                  this species): Loss of habitat (Factor A;             species that is proposed to be listed or
                                                  traits of tarantulas—restricted range,                  all five species), stochastic processes               is listed as endangered or threatened.
                                                  sedentary habits, poor dispersal ability,               (Factor E; P. smithi), and the cumulative             Because P. fasciata, P. ornata, P. smithi,
                                                  and structured populations—these                        effects (Factor E; all five species) of               P. subfusca, and P. vittata are not native
                                                  species are vulnerable to habitat loss.                 these and other threats including                     to the United States, no critical habitat
                                                  Extensive habitat loss (Factor A) has                   climate change, intentional killing,                  is being proposed for designation with
                                                  already occurred in all the climate zones               pesticide use, and capture for the pet                this rule. Regulations implementing the
                                                  in which these species occur, and                       trade. Furthermore, despite laws in                   interagency cooperation provision of the
                                                  deforestation is ongoing in the country.                place to protect these five species and               Act are codified at 50 CFR part 402.
                                                  Further, the cumulative effects of                      the forest and other habitat they depend              Section 7(a)(2) of the Act requires
                                                  changing climate, intentional killing,                  on, these threats continue (Factor D).                Federal agencies to ensure that activities
                                                  pesticides, capture for the pet trade, and              We consider the risk of extinction of                 they authorize, fund, or carry out are not
                                                  stochastic processes are likely                         these five species to be high because                 likely to jeopardize the continued
                                                  significantly exacerbating the effects of               these species are vulnerable to habitat               existence of a listed species or to
                                                  habitat loss.                                           loss, this process is ongoing, and these              destroy or adversely modify its critical
                                                     Therefore, for the following reasons                 species have limited potential to                     habitat. If a proposed Federal action
                                                  we conclude that these species’                         recolonize reforested areas or move to                may adversely affect a listed species, the
                                                  resiliency, redundancy, and                             more favorable climate. Therefore, on                 responsible Federal agency must enter
                                                  representation have been and continue                   the basis of the best available scientific            into formal consultation with the
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                                                  to be significantly reduced to the extent               and commercial information, we                        Service. Currently, with respect to P.
                                                  that the viability of each of these five                propose listing P. fasciata, P. ornata, P.            fasciata, P. ornata, P. smithi, P.
                                                  species is significantly compromised:                   smithi, P. subfusca, and P. vittata as                subfusca, and P. vittata, no Federal
                                                     (1) These species are closely tied to                endangered in accordance with sections                activities are known that would require
                                                  their habitats, little of their forest habitat          3(6) and 4(a)(1) of the Act. We find that             consultation.
                                                  remains, deforestation is ongoing in                    a threatened species status is not                       Section 8(a) of the Act authorizes the
                                                  these habitats, and these species are                   appropriate for these species because of              provision of limited financial assistance
                                                  vulnerable to habitat loss;                             their restricted ranges, limited                      for the development and management of


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                                                                      Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules                                                        90313

                                                  programs that the Secretary of the                       enhance the propagation or survival of                     a notice outlining our reasons for this
                                                  Interior determines to be necessary or                   the species, and for incidental take in                    determination in the Federal Register
                                                  useful for the conservation of                           connection with otherwise lawful                           on October 25, 1983 (48 FR 49244).
                                                  endangered or threatened species in                      activities. There are also certain
                                                                                                                                                                      References Cited
                                                  foreign countries. Sections 8(b) and 8(c)                statutory exemptions from the
                                                  of the Act authorize the Secretary to                    prohibitions, which are found in                             A complete list of references cited in
                                                  encourage conservation programs for                      sections 9 and 10 of the Act.                              this rulemaking is available on the
                                                  foreign listed species, and to provide                                                                              Internet at http://www.regulations.gov
                                                                                                           Required Determinations
                                                  assistance for such programs, in the                                                                                and upon request from the Branch of
                                                  form of personnel and the training of                    Clarity of the Rule                                        Foreign Species, Ecological Services
                                                  personnel.                                                  We are required by Executive Orders                     (see FOR FURTHER INFORMATION CONTACT).
                                                     Section 9 of the Act and our                          12866 and 12988 and by the
                                                  implementing regulations at 50 CFR                                                                                  Authors
                                                                                                           Presidential Memorandum of June 1,
                                                  17.21 set forth a series of general                      1998, to write all rules in plain                            The primary authors of this proposed
                                                  prohibitions that apply to all                           language. This means that each rule we                     rule are the staff members of the Branch
                                                  endangered wildlife. These                                                                                          of Foreign Species, Ecological Services,
                                                                                                           publish must:
                                                  prohibitions, in part, make it illegal for                  (1) Be logically organized;                             Falls Church, VA.
                                                  any person subject to the jurisdiction of                   (2) Use the active voice to address
                                                  the United States to ‘‘take’’ (which                     readers directly;                                          List of Subjects in 50 CFR Part 17
                                                  includes harass, harm, pursue, hunt,                        (3) Use clear language rather than                        Endangered and threatened species,
                                                  shoot, wound, kill, trap, capture, or                    jargon;                                                    Exports, Imports, Reporting and
                                                  collect; or to attempt any of these)                        (4) Be divided into short sections and                  recordkeeping requirements,
                                                  endangered wildlife within the United                    sentences; and                                             Transportation.
                                                  States or upon the high seas. It is also                    (5) Use lists and tables wherever
                                                  illegal to possess, sell, deliver, carry,                possible.                                                  Proposed Regulation Promulgation
                                                  transport, or ship any such wildlife that                   If you feel that we have not met these
                                                  has been taken illegally. In addition, it                                                                             Accordingly, we propose to amend
                                                                                                           requirements, send us comments by one
                                                  is illegal for any person subject to the                                                                            part 17, subchapter B of chapter I, title
                                                                                                           of the methods listed in ADDRESSES. To
                                                  jurisdiction of the United States to                                                                                50 of the Code of Federal Regulations,
                                                                                                           better help us revise the rule, your
                                                  import; export; deliver, receive, carry,                                                                            as set forth below:
                                                                                                           comments should be as specific as
                                                  transport, or ship in interstate or foreign              possible. For example, you should tell                     PART 17—ENDANGERED AND
                                                  commerce, by any means whatsoever                        us the numbers of the sections or                          THREATENED WILDLIFE AND PLANTS
                                                  and in the course of commercial                          paragraphs that are unclearly written,
                                                  activity; or sell or offer for sale in                   which sections or sentences are too                        ■ 1. The authority citation for part 17
                                                  interstate or foreign commerce any                       long, the sections where you feel lists or                 continues to read as follows:
                                                  listed species. Certain exceptions apply                 tables would be useful, etc.
                                                  to employees of the Service, the                                                                                      Authority: 16 U.S.C. 1361–1407; 1531–
                                                  National Marine Fisheries Service, other                 National Environmental Policy Act (42                      1544; and 4201–4245; unless otherwise
                                                                                                           U.S.C. 4321 et seq.)                                       noted.
                                                  Federal land management agencies, and
                                                  State conservation agencies.                                We have determined that                                 ■ 2. In § 17.11(h), add the following five
                                                     We may issue permits to carry out                     environmental assessments and                              entries to the List of Endangered and
                                                  otherwise prohibited activities                          environmental impact statements, as                        Threatened Wildlife in alphabetical
                                                  involving endangered wildlife under                      defined under the authority of the                         order under Arachnids to read as set
                                                  certain circumstances. Regulations                       National Environmental Policy Act                          forth below:
                                                  governing permits for endangered                         (NEPA; 42 U.S.C. 4321 et seq.), need not
                                                  species are codified at 50 CFR 17.22.                    be prepared in connection with listing                     § 17.11 Endangered and threatened
                                                  With regard to endangered wildlife, a                    a species as an endangered or                              wildlife.
                                                  permit may be issued for the following                   threatened species under the                               *       *    *       *     *
                                                  purposes: for scientific purposes, to                    Endangered Species Act. We published                           (h) * * *

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


                                                           *                         *                        *                        *                        *                      *                     *
                                                  Arachnids.

                                                            *                        *                    *                         *                           *                       *                 *
                                                  Spider, ivory ornamental         Poecilotheria subfusca ..        Wherever found .............   E                [Insert Federal Register citation when published
                                                    tiger.                                                                                                             as a final rule]

                                                            *                        *                      *                       *                           *                       *                 *
                                                  Spider, ornate tiger .........   Poecilotheria ornata ......      Wherever found .............   E                [Insert Federal Register citation when published
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                                                                                                                                                                       as a final rule]
                                                  Spider, Pedersen’s tiger         Poecilotheria vittata .......    Wherever found .............   E                [Insert Federal Register citation when published
                                                                                                                                                                       as a final rule]
                                                  Spider, Smith’s tiger .......    Poecilotheria smithi .......     Wherever found .............   E                [Insert Federal Register citation when published
                                                                                                                                                                       as a final rule]

                                                           *                         *                      *                       *                           *                       *                 *
                                                  Spider, Sri Lanka orna-          Poecilotheria fasciata ....      Wherever found .............   E                [Insert Federal Register citation when published
                                                    mental tiger.                                                                                                      as a final rule]



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                                                  90314               Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules

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


                                                             *                        *                       *                      *                        *                     *                   *



                                                  *      *       *       *      *                           mackerel; and modify the recreational                 approval, or disapproval. The
                                                    Dated: December 5, 2016.                                bag limit for Gulf migratory group king               Magnuson-Stevens Act also requires
                                                  Stephen Guertin,
                                                                                                            mackerel. The purpose of Amendment                    that NMFS, upon receiving a plan or
                                                                                                            26 is to ensure that king mackerel                    amendment, publish an announcement
                                                  Acting Director, U.S. Fish and Wildlife
                                                  Service.
                                                                                                            management is based on the best                       in the Federal Register notifying the
                                                                                                            scientific information available, while               public that the plan or amendment is
                                                  [FR Doc. 2016–30059 Filed 12–13–16; 8:45 am]
                                                                                                            increasing the social and economic                    available for review and comment.
                                                  BILLING CODE 4333–15–P                                                                                            The FMP being revised by
                                                                                                            benefits of the fishery.
                                                                                                            DATES: Written comments must be                       Amendment 26 was prepared jointly by
                                                                                                            received on or before February 13, 2017.              the South Atlantic and the Gulf
                                                  DEPARTMENT OF COMMERCE                                                                                          Councils (Councils) and implemented
                                                                                                            ADDRESSES: You may submit comments
                                                                                                            on Amendment 26 identified by                         through regulations at 50 CFR part 622
                                                  National Oceanic and Atmospheric                                                                                under the authority of the Magnuson-
                                                  Administration                                            ‘‘NOAA–NMFS–2016–0120,’’ by either
                                                                                                            of the following methods:                             Stevens Act.
                                                  50 CFR Part 622                                              • Electronic submissions: Submit all               Background
                                                                                                            electronic public comments via the
                                                  RIN 0648–BG03                                             Federal e-Rulemaking Portal: http://                    In September of 2014, the Southeast
                                                                                                            www.regulations.gov. Go to                            Data, Assessment, and Review 38 stock
                                                  Fisheries of the Caribbean, Gulf of                       www.regulations.gov/                                  assessment (SEDAR 38) was completed
                                                  Mexico, and South Atlantic; Coastal                       #!docketDetail;D=NOAA-NMFS-2016-                      for both the Gulf migratory group and
                                                  Migratory Pelagic Resources in the                        0120, click the ‘‘Comment Now!’’ icon,                Atlantic migratory group of king
                                                  Gulf of Mexico and Atlantic Region;                       complete the required fields, and enter               mackerel. SEDAR 38 determined that
                                                  Amendment 26                                              or attach your comments.                              both the Gulf migratory group and
                                                                                                               • Mail: Submit written comments to                 Atlantic migratory group of king
                                                  AGENCY:  National Marine Fisheries                                                                              mackerel are not overfished and are not
                                                  Service (NMFS), National Oceanic and                      Karla Gore, Southeast Regional Office,
                                                                                                            NMFS, 263 13th Avenue South, St.                      undergoing overfishing. The Gulf
                                                  Atmospheric Administration (NOAA),                                                                              Council’s and South Atlantic Council’s
                                                  Commerce.                                                 Petersburg, FL 33701.
                                                                                                               Instructions: Comments sent by any                 Scientific and Statistical Committees
                                                  ACTION: Notice of availability; request                   other method, to any other address or                 (SSCs) reviewed the assessment and
                                                  for comments.                                             individual, or received after the end of              concluded that SEDAR 38 should form
                                                                                                            the comment period, may not be                        the basis for revisions to reference
                                                  SUMMARY:   The South Atlantic Fishery                                                                           points such as the overfishing limit
                                                  Management Council (South Atlantic                        considered by NMFS. All comments
                                                                                                            received are a part of the public record              (OFL) and acceptable biological catch
                                                  Council) and Gulf of Mexico Fishery                                                                             (ABC), and the ACLs for the two
                                                  Management Council (Gulf Council)                         and will generally be posted for public
                                                                                                            viewing on www.regulations.gov                        migratory groups of king mackerel.
                                                  have jointly submitted Amendment 26                                                                             SEDAR 38 also provided genetic
                                                  to the Fishery Management Plan for the                    without change. All personal identifying
                                                                                                            information (e.g., name, address, etc.),              information on king mackerel, which
                                                  Coastal Migratory Pelagics Fishery of                                                                           indicated that the winter mixing zone
                                                  the Gulf of Mexico and Atlantic Region                    confidential business information, or
                                                                                                            otherwise sensitive information                       for the two migratory groups was
                                                  (FMP) for review, approval, and                                                                                 smaller than previously thought and
                                                  implementation by NMFS. Amendment                         submitted voluntarily by the sender will
                                                                                                            be publicly accessible. NMFS will                     that the management boundary for these
                                                  26 would adjust the management                                                                                  migratory groups should be revised.
                                                  boundary for the Gulf of Mexico (Gulf)                    accept anonymous comments (enter
                                                  and Atlantic migratory groups of king                     ‘‘N/A’’ in required fields if you wish to             Actions Contained in Amendment 26
                                                  mackerel; revise management reference                     remain anonymous).                                       Amendment 26 includes actions to
                                                  points, stock and sector annual catch                        Electronic copies of Amendment 26
                                                                                                                                                                  adjust the management boundary of the
                                                  limits (ACLs), commercial quotas, and                     may be obtained from the Southeast
                                                                                                                                                                  Gulf and Atlantic migratory groups of
                                                  recreational annual catch targets (ACTs)                  Regional Office Web site at http://
                                                                                                                                                                  king mackerel; revise reference points,
                                                  for Atlantic migratory group king                         sero.nmfs.noaa.gov. Amendment 26
                                                                                                                                                                  stock and sector ACLs, commercial
                                                  mackerel; allow limited retention and                     includes a draft environmental
                                                                                                                                                                  quotas, and recreational ACTs for
                                                  sale of Atlantic migratory group king                     assessment, a Regulatory Flexibility Act
                                                                                                                                                                  Atlantic migratory group king mackerel;
                                                  mackerel incidentally caught in the                       analysis, and a regulatory impact                     allow limited retention and sale of
                                                  shark gillnet fishery; establish a                        review.                                               Atlantic migratory group king mackerel
                                                  commercial split season for Atlantic                      FOR FURTHER INFORMATION CONTACT:                      incidentally caught in the shark gillnet
                                                  migratory group king mackerel in the                      Karla Gore, telephone: 727–551–5753,                  fishery; establish a commercial split
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                                                  Atlantic southern zone; establish a                       or email: karla.gore@noaa.gov.                        season for Atlantic migratory group king
                                                  commercial trip limit system for                          SUPPLEMENTARY INFORMATION: The                        mackerel in the Atlantic southern zone;
                                                  Atlantic migratory group king mackerel                    Magnuson-Stevens Fishery                              establish a commercial trip limit system
                                                  in the Atlantic southern zone; revise                     Conservation and Management Act                       for Atlantic migratory group king
                                                  reference points and stock and sector                     (Magnuson-Stevens Act) requires each                  mackerel in the Atlantic southern zone;
                                                  ACLs for Gulf migratory group king                        regional fishery management council to                establish a commercial trip limit system
                                                  mackerel; revise commercial zone                          submit any FMP or FMP amendment to                    for Atlantic migratory group king
                                                  quotas for Gulf migratory group king                      NMFS for review and approval, partial                 mackerel in the Atlantic southern zone;


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Document Created: 2016-12-14 00:48:38
Document Modified: 2016-12-14 00:48:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWe will accept comments received or postmarked on or before February 13, 2017. Comments submitted electronically using the Federal
ContactJanine Van Norman, Chief, Branch of Foreign Species, Ecological Services, U.S. Fish and Wildlife Service, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; telephone, 703-358-2171; facsimile, 703-358-1735. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339.
FR Citation81 FR 90297 
RIN Number1018-BB33
CFR AssociatedEndangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation

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