83_FR_36902 83 FR 36755 - Endangered and Threatened Wildlife and Plants; Endangered Species Status for Five Poecilotheria Tarantula Species From Sri Lanka

83 FR 36755 - Endangered and Threatened Wildlife and Plants; Endangered Species Status for Five Poecilotheria Tarantula Species From Sri Lanka

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 147 (July 31, 2018)

Page Range36755-36773
FR Document2018-16359

We, the U.S. Fish and Wildlife Service (Service), determine endangered species status under the Endangered Species Act of 1973, as amended, for the following five tarantula species from Sri Lanka: Poecilotheria fasciata, P. ornata, P. smithi, P. subfusca, and P. vittata. The effect of this regulation will be to add these species to the List of Endangered and Threatened Wildlife.

Federal Register, Volume 83 Issue 147 (Tuesday, July 31, 2018)
[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Rules and Regulations]
[Pages 36755-36773]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16359]


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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-BC82


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine 
endangered species status under the Endangered Species Act of 1973, as 
amended, for the following five tarantula species from Sri Lanka: 
Poecilotheria fasciata, P. ornata, P. smithi, P. subfusca, and P. 
vittata. The effect of this regulation will be to add these species to 
the List of Endangered and Threatened Wildlife.

DATES: This rule becomes effective August 30, 2018.

ADDRESSES: This final rule is available on the internet at http://www.regulations.gov at docket number FWS-HQ-ES-2016-0076. Comments and 
materials we received, as well as supporting documentation we used in 
preparing this rule, are available for public inspection at http://www.regulations.gov.

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

SUPPLEMENTARY INFORMATION:

Executive Summary

    Why we need to publish a rule. Under the Endangered Species Act of 
1973, as amended (Act; 16 U.S.C. 1531 et seq.), a species may be 
protected through listing as an endangered species or threatened 
species if it meets the definition of an ``endangered species'' or 
``threatened species'' under the Act. Listing a species as an 
endangered or threatened species can only be completed by issuing a 
rule.
    What this document does. This rule will add the following five 
tarantula species to the List of Endangered and Threatened Wildlife in 
title 50 of the Code of Federal Regulations (50 CFR 17.11(h)) as 
endangered species: Poecilotheria fasciata, P. ornata, P. smithi, P. 
subfusca, and P. vittata.
    The basis for our action. Under the Act, we use the best available 
scientific and commercial data to determine whether a species meets the 
definition of a ``threatened species'' or an ``endangered species'' 
because of any one or more of the following 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 on the basis of 
the best available scientific and commercial data that P. fasciata, P. 
ornata, P. smithi, P. subfusca, and P. vittata are in danger of 
extinction because of 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 because of the effects of 
stochastic (random) processes.
    Peer review and public comment. We sought comments from independent 
peer reviewers to ensure that our designation is based on 
scientifically sound data and analyses. We invited these peer reviewers 
to comment on our listing proposal. We also considered all comments and 
information received from the public during the comment period.

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. We published a 12-month finding and proposed 
rule for listing the five Poecilotheria species that are endemic to Sri 
Lanka (Poecilotheria fasciata, P. ornata, P. pederseni, P. smithi, and 
P. subfusca) on December 14, 2016 (81 FR 90297). In our 12-month 
finding and proposed rule we determined that these five species were in 
danger of extinction throughout their ranges and proposed listing them 
as endangered under the Act. We requested input from the public, range 
country, other interested parties, and peer reviewers during a 60-day 
public comment period that ended February 13, 2017.

Summary of Changes From the Proposed Rule

    In preparing this final rule, we reviewed and fully considered 
comments from the public and peer reviewers on the proposed rule. This 
final rule incorporates minor changes to our proposed listing based on 
the comments we received (See: Summary of Comments and 
Recommendations).

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. 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 et al. 2013, 
entire).
    The World Spider Catalog (2017, unpaginated; 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 (2017) 
version of this catalog to be valid. Based on the World

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Spider Catalog, all five of the species addressed in this rule are 
considered valid taxon, although P. pederseni is now considered a 
junior synonym to the currently accepted name P. vittata. 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); thus, we refer to them by their 
scientific names throughout this document.
    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 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 in some species 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 (Siliwal 2017, unpaginated; 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 surveys, researchers found more variation than 
suggested by published species descriptions and indicated that 
identifying Poecilotheria species is not as straightforward as 
suggested by current descriptions (Molur et al. 2003, unpaginated). 
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

    Most captive individuals of Poecilotheria species are in the pet 
trade; few specimens of the species addressed in this rule are held in 
zoos (Species360 2017, unpaginated). 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, we are not aware of any 
existing conservation programs for these species, including any in 
which specimens held or sold as pets contribute to the viability of 
these species within their native ranges in the wild.
    Individuals of these species that are held or sold as pets hold 
limited conservation value to the species in the wild because they are 
not genetically managed for conservation purposes. 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 adversely affected by 
inbreeding 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, (2) we are not aware of any 
information indicating that captive individuals are contributing to the 
conservation of these species in the wild, and (3) captive individuals 
held or sold as pets have limited 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 
Poecilotheria species addressed in this rule.

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 (genetically subdivided; gene 
frequencies differ across the population), 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. 2013, 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 do not come out of their retreats in conditions 
like rains, wind, or excessive light, or when they detect movement 
outside their retreat (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 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

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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 Horner 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. While they appear to be typical tarantulas in many respects, 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 a study conducted on an 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 mature in 
14 to 48 months and generally live an additional 60 to 85 months after 
maturing (Cowper 2017, unpaginated; Weaver 2017, unpaginated; 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 meters (8,202 feet) in elevation, in

[[Page 36758]]

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 wet zone of 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 ;[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. 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) (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.

Species-Specific Information

    Each of the five 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, reported ranges are possibly smaller 
than the actual ranges of these species. However, 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 species addressed in this rule are 
unknown. Further, information on species abundance or population 
dynamics is not available on any of the five species; therefore, 
population trends are unknown. However, based upon the multitude of 
threats acting on these species, especially extensive and ongoing 
habitat loss and degradation, 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 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 is provided by 
Smith et al. (2001, entire), where Poecilotheria fasciata colonized a 
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 36761]]

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 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), 
although it is described as a montane species (Jacobi 2005, entire; 
Smith et al. 2002, p. 92). Poecilotheria smithi appears to be very rare 
(Nanayakkara et al. 2013, p. 73; Gabriel et al. 2005, p. 4) and is 
considered ``highly threatened'' (Nanayakkara et al. 2013, p. 73). 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).
    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 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 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. vittata 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 these 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 species 
addressed in this rule 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 (Samarawckrama et al. 2005, p. 76; Smith et al. 2002, 
entire). Second, due to the limited ability of Poecilotheria species to 
travel, 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 affects these species'

[[Page 36762]]

abundances and distributions, and 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 the limited dispersal ability of these species, 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).
Deforestation
    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 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 1).
    Recent information on forest cover in the different climate zones 
is provided in three reports (GOSL 2015, GOSL 2012, and FAO 2015a), all 
of which provide information from the Forest Department of Sri Lanka. 
One report (GOSL 2015) provides a map of the change in forest cover 
between 1992 and 2010 and a qualitative assessment of these changes. 
The others (GOSL 2012 and FAO 2015a) provide quantitative information 
on the area of forest cover by forest type for 1992, 1999, and 2010. 
These latter two reports differ slightly in their presentation of 
information but contain identical data on natural forest cover. 
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 combined the information on intermediate and dry zone 
forests, and the information on montane and submontane forests (see 81 
FR 90307, Table 4). We discuss the information on forest cover from the 
various sources by climate zone below.
Wet Zone Forest
    Wet zone forests in Sri Lanka are categorized as montane, 
submontane, or lowland forest, based on elevation. Very little wet zone 
forest remains in Sri Lanka. Currently, montane and submontane forests 
combined covers only about 733 km\2\ (283 mi\2\) and is severely 
fragmented (GOSL 2012, pp. 51, 2a-3-142). The area remained relatively 
stable from 1992 to 2010 (81 FR 90307; GOSL 2012, p. 51). More recent 
evidence indicates these forests are currently declining: firewood 
collection, cutting of trees for other domestic purposes, and gem 
mining are ongoing in these forests, and 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 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. Remaining lowland rainforests are severely 
fragmented, exist primarily as small, isolated patches, and declined by 
13% (183 km\2\)(71 mi\2\)) during the 18-year period, though the rate 
of loss slowed considerably during the latter half of this period (81 
FR 90307, Table 4; GOSL 2012, p. 2a-3-142; Lindstrom et al. 2012, p. 
681). Changes in forest cover show low levels of deforestation 
throughout the lowland rainforest region from 1992 to 2010, and a 
deforestation ``hotspot'' on the border of Kalutara and Ratnapura 
districts, which is within the range of P. ornata (Fig. 1, Fig. 2) 
(GOSL 2015, unpaginated).
Dry and Intermediate Zone Forests
    Dry and intermediate zone forests, which include most open-canopy 
forest (Mattsson et al. 2012, p. 30), declined by 8% (1,372 km\2\ (530 
mi\2\)) between 1992 and 2010 (81 FR 90307, Table 4). 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). Further, deforestation hotspots have been found in other 
districts where these species occur, including Puttalam and Hambantota 
(GOSL 2015, unpaginated). Natural regeneration of dry forest species is 
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 36763]]



  Table 1--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 81 FR 90302, Table 2 and GOSL 2012,
                                                      p. 51
----------------------------------------------------------------------------------------------------------------
                                                                            Area covered with
                                                                              dense (canopy
                                                                              cover greater        Proportion
               Climate zones of Sri Lanka                 Area \1\ (km\2\)   than 70 percent)    (percent) with
                                                                              closed-canopy     dense forest \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 81 FR 90302, Table 2, and a
  total land area of 65,610 km\2\.
\2\ Original extent of forest cover is unknown. However, each zone was likely close to 100% forested because
  dense forest covered 84% of the island in 1884, following several decades of deforestation.
\3\ Figure is for dry monsoon forest and riverine forest. It does not include mangrove forests.

Forest Conservation Measures
    Sri Lanka has taken 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 on logging in all natural forests, marked 
most reserve boundaries to stem encroachments, 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, several factors inhibit 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 unplanned, after-the-fact legalization 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, government agencies have poor coordination 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). Finally, 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 stressors 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 remaining forested areas are protected, 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. This results in an increasing demand in the country for 
land for subsistence (Lindstrom et al. 2012, p. 680; GOSL 2011, 
unpaginated).
    The current drivers of deforestation and forest degradation are 
exacerbated by high economic returns from illicit land conversions, 
lack of alternative livelihood opportunities for those practicing 
slash-and-burn agriculture and, in the dry zone, poverty and the weak 
implementation of land-use policy (GOSL 2012, pp. 14-15). Further, in 
the 30 years prior to 2009, Sri Lanka was engaged in a civil war, which 
was fought primarily in the dry zone of the northern and eastern 
regions of the country, many areas of which were inaccessible. The war, 
along with a reduced rate of development in the country as a whole 
during this period, may have helped limit deforestation rates (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

[[Page 36764]]

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). For example, 
a new dam project within the range of P. smithi will submerge one of 
the two sites at which the species is found (Nanayakkara 2017, 
unpaginated). 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. The ability of coconut 
plantations to contribute to conservation of P. fasciata is limited 
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 deforested. 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, these plantations 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. We conclude 
that habitat loss is likely currently having significant negative 
impacts on the viability of these species because: (1) These species 
have very small distributions; (2) little forest remains in Sri Lanka; 
(3) remaining habitat is fragmented; and (4) deforestation is ongoing 
within these species' ranges.

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 increased 
mortality or through sublethal 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 reduce or deplete available prey species.
    Over 100 pesticide (herbicide, fungicide, and insecticide) active 
ingredients are 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 
nontarget organisms (Pekar 2013, p. 415). Further, sit-and-wait 
predators appear to be more sensitive to insecticide applications than 
web-making spiders (Pekar 1999, p. 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

[[Page 36765]]

application (Pekar 2013, pp. 416-417). Further, different classes of 
pesticides can cause different sublethal 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 sublethal 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 retention by spiders is 
critical to their survival. All spiders, including Poecilotheria, are 
ectotherms; 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 (drying out) (Schilthuizen and 
Kellerman 2014, p. 61, citing several sources).
    The general trend in temperature in Sri Lanka over the past several 
decades is that of increasing temperature, although 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) 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).
    Trends in rainfall have been decreasing 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 
Secretariat 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 (0.51 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 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

[[Page 36766]]

droughts. It is also possible that climate change could indirectly 
negatively affect these species by adversely impacting populations of 
their insect prey, which are also tropical ectotherms. The only 
detailed observations of a Sri Lankan Poecilotheria species indicated 
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) (Smith et al. 2001, entire). The lack of 
reproduction in natural forest during drought may have been due to 
desiccation stress or lack of available prey, or both, as a result of 
low moisture levels.
    While at least one of the species addressed in this finding (P. 
fasciata) appears to be vulnerable to drought, the responses of the 
five 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 stochastic events and habitat loss and 
degradation. This is especially the case for P. fasciata because (1) 
the frequency and intensity of droughts have increased and are expected 
to continue increasing, (2) the species fails to reproduce in natural 
forest during extended droughts, and (3) although P. fasciata is also 
known to inhabit irrigated coconut plantations, 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 on the 
limits of the distribution of the genus. It was further noted that the 
genus was primarily threatened by habitat destruction, and was not 
protected by domestic legislation in India. Also, the delegation of Sri 
Lanka promised to list the genus in Appendix III if the proposal 
failed. No consensus was reached on the proposal and a vote failed to 
achieve the required two-thirds majority--there were 49 votes in favor, 
30 against, and 27 abstentions--and the proposal was therefore rejected 
(Convention on International Trade in Endangered Species of Wild Fauna 
and Flora 2000, p. 50). None of the five species addressed in this rule 
are currently listed in the CITES Appendices (Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 2017, 
p. 48).
    Collection of Poecilotheria specimens from the wild could 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 endemic Sri Lankan species addressed in this rule 
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, 
unpaginated; Mugleston 2014, unpaginated; Service 2012, in litt.). We 
are not aware of any information on numbers of these species in 
domestic trade within the United States or numbers solely in foreign 
trade outside 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). Four hundred individuals of these species were legally 
imported into, or exported or re-exported from, the United States 
during 2007-2012; 298 were imported into, and 106 were exported or re-
exported from, the United States.
    Captive-bred individuals appear to supply the majority of the 
current legal trade in these species in the United States. Of the 400 
individuals legally imported into, or exported or re-exported from, the 
United States during 2007-2012, 392 (98 percent) were declared as 
captive-bred (Service 2012, in litt.). However, wild individuals of at 
least some of these species are still being collected (Nanayakkara 
2014a, p. 86; Nanayakkara 2014b, unpublished data; Service 2012, in 
litt.). Two sources indicate that there is evidence of illegal 
smuggling from Sri Lanka, although they do not provide details (see 
Nanayakkara 2014, p. 85; Samarawckrama et al. 2005, p. 76). 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 five species addressed in this rule were 
(or are) not included in this total because they are imported

[[Page 36767]]

into the United States illegally, or imported into other countries. For 
example, some wild-caught specimens are imported into Europe (Merzlak 
2017, unpaginated; Corcoran, 2016, unpaginated), although specific 
information on this activity is not available.
    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, exports, and re-exports, 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 these species. Given that 
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 stochastic events, habitat loss, and habitat degradation.

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 these five 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 do not have any information on the number of individuals of 
these five 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 do not have 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 on these species' populations, such as habitat 
loss and degradation.

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, pp. 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 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 determine whether a 
species meets the definition of a ``threatened species'' or an 
``endangered species'' because of any one or more of the following five 
threat 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 carefully assessed the best scientific and commercial 
information available on P. fasciata, P. ornata, P. subfusca, P. 
smithi, and P. vittata. While information on species abundance or 
population dynamics 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; 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, the 
extensive loss of forest (71 percent in the dry zone, 85 percent in the 
intermediate zone, and 87 percent in the wet zone) has reduced the 
amount of habitat where the species may remain,

[[Page 36768]]

and their populations will likely 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 Sri Lankan Poecilotheria 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 populations of P. 
fasciata, P. ornata, P. subfusca, P. smithi, and P. vittata 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.''
    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 these 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), in part due to lack 
of resources and challenges to enforcement. 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. 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, and we are listing these 
five tarantula species 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 that places 
these species in danger of extinction now, even without the worsening 
of the threats, that, as discussed above, is likely.
    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, we do not need to conduct an 
analysis of whether there is any significant portion of their ranges 
where these species are in danger of extinction or likely to become so 
in the foreseeable future. This is consistent with the Act because when 
we find that a species is currently in danger of extinction throughout 
all of its range (i.e., meets the definition of an endangered species), 
the species is experiencing high-magnitude threats across its range or 
threats are so high in particular areas that they severely affect the 
species across its range. Therefore, the species is in danger of 
extinction throughout every portion of its range and an analysis of 
whether there is any significant portion of the range that may be in 
danger of extinction or likely to become so would not result in a 
different outcome.

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 listed as an 
endangered or threatened species. Because P. fasciata, P. ornata, P. 
smithi, P. subfusca, and P. vittata are not native to the United 
States, no critical habitat is being designated 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 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

[[Page 36769]]

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. No permit is 
required for activities that do not constitute prohibited acts. 
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. The Service may also 
register persons subject to the jurisdiction of the United States 
through its captive-bred-wildlife (CBW) program if certain established 
requirements are met under the CBW regulations. 50 CFR 17.21(g). 
Through a CBW registration, the Service may allow a registrant to 
conduct certain otherwise prohibited activities under certain 
circumstances to enhance the propagation or survival of the affected 
species: Take; export or re-import; deliver, receive, carry, transport 
or ship in interstate or foreign commerce, in the course of a 
commercial activity; or sell or offer for sale in interstate or foreign 
commerce. A CBW registration may authorize interstate purchase and sale 
only between entities that both hold a registration for the taxon 
concerned. The CBW program is available for species having a natural 
geographic distribution not including any part of the United States and 
other species that the Director has determined to be eligible by 
regulation. The individual specimens must have been born in captivity 
in the United States. There are also certain statutory exemptions from 
the prohibitions, which are found in sections 9 and 10 of the Act.

Summary of Comments and Recommendations

    In the proposed rule published on December 14, 2016 (81 FR 90297), 
we requested that all interested parties submit written comments on the 
proposal by February 13, 2017. We also contacted appropriate scientific 
experts and organizations, and other interested parties and invited 
them to comment on the proposal. We did not receive any requests for a 
public hearing. All substantive information provided during comment 
periods has either been incorporated directly into this final 
determination or is addressed below.

Peer Reviewer Comments

    In accordance with our peer review policy published on July 1, 1994 
(59 FR 34270), we solicited expert opinion from four knowledgeable 
individuals with scientific expertise that included familiarity with 
Poecilotheria species or other tarantulas, their habitats and 
biological needs, and stressors acting on their populations. We 
received responses from two of the peer reviewers from whom we 
requested comments. One did not review the rule but provided additional 
information regarding a threat to the habitat of P. smithi, and we have 
incorporated this information into this final rule. The second peer 
reviewer supported our determinations based on our assessment of some 
threats, but disagreed with our assessment of others. This peer 
reviewer also provided a technical correction pertaining to our 
physical description of Poecilotheria species, and we have incorporated 
this information into this final rule.
    We reviewed all comments received from the peer reviewers for 
substantive and new information regarding the listing of the five 
species addressed in this rule. Peer reviewer comments are addressed in 
the following summary and incorporated into the final rule as 
appropriate.
    (1) Comment: Citing the taxonomic revision done by Gabriel et al. 
(2013, entire), and the World Spider Catalog, the peer reviewer states 
that P. vittata is not endemic to Sri Lanka, but rather that P. vittata 
was synonymized with the Indian species P. striata and recently removed 
from this synonymy.
    Our response: Gabriel et al. (2013, entire) not only remove P. 
vittata from synonymy with the Indian species P. striata, but also show 
P. vittata to be the senior synonym of P. pederseni. Further, the World 
Spider Catalog (2017, unpaginated) recognizes this synonymy, 
identifying P. pederseni as a synonym of P. vittata. Therefore, in this 
final rule we retain the taxonomy provided in our proposed rule.
    (2) Comment: The peer reviewer indicated that our conclusions 
regarding the effects of climate change and pesticides on these species 
are speculative because no studies have been conducted on the effects 
of these factors on Poecilotheria species. The peer reviewer also 
indicates that Poecilotheria are unlikely to come in direct contact 
with pesticides because they live in forests, which are not generally 
sprayed, and are nocturnal so are not active when spraying occurs. The 
peer reviewer indicates that studies on spiders in agroecosystems show 
spiders that do not have direct contact with pesticides survive. 
However, the peer reviewer did not provide any new information or 
evidence supporting her assertions.
    Our response: While no studies have been carried out specifically 
assessing the effects of stress factors on any Poecilotheria species, 
the Act requires that we make our determination of species status based 
on the best scientific and commercial data available at the time of our 
rulemaking. In conducting our assessment of the statuses of these 
species, we reviewed all relevant information available to us, 
including information submitted to us following the initiation of the 
12-month status reviews for these species. We subsequently based our 
conclusions regarding the factors affecting these five species on the 
best available information. We acknowledged in our proposed rule that 
the population-level effects of climate change and pesticides on these 
species are uncertain. However, as indicated in our proposed rule, the 
best available information indicates that these stressors are likely 
negatively affecting these species, either directly or indirectly, to 
some extent. Consequently, it is reasonable to conclude, as we did in 
our proposed rule, that pesticides and climate change likely exacerbate 
the effects of other stressors acting on these species. Therefore, 
because we based our conclusions on the best available information, and 
the peer reviewer provided no evidence or new information for our 
review, we did not revise our conclusions regarding the effects of 
climate change or pesticides on these five species.
    We cannot assess the studies to which the reviewer refers regarding 
the effects of pesticides on spiders because the reviewer did not 
provide copies of these studies or the citations for them. Further, 
while we agree that some

[[Page 36770]]

members of these species' populations are unlikely to have direct 
contact with pesticides, we do not agree that is the case for all 
members, particularly those inhabiting fragmented forests or remnant 
forest patches. As indicated in our proposed rule, these species could 
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 (see Pesticides). Also, the most 
commonly used insecticides in Sri Lanka--carbofuran, chlorpyrifos, and 
diazinon--can remain active in the environment for days after 
application (Kamrin 1997, in Christensen et al. 2009, unpaginated; 
Karmin 1997, in Harper et al. 2009, unpaginated; U.S. National Library 
of Medicine 1995, in EXTOXNET 1996, unpaginated). Therefore, these five 
species could be directly and negatively affected by these pesticides 
after spraying occurs. They could also be indirectly affected by 
pesticides through consumption of contaminated prey, or reduction or 
depletion of prey populations. Taken together, and considering the 
extent of pesticide use and misuse in the country, it is likely that 
the five species addressed in this rule are directly or indirectly 
negatively affected by pesticides to some extent and that these effects 
likely exacerbate the effects of other threats acting on these species.

Public Comments

    We received 115 public comments on the proposed listing of these 
species, most from people involved in the tarantula hobby as owners, 
breeders, or sellers. We reviewed all comments received from the public 
for substantive issues and new information regarding the listing of the 
five species addressed in this rule. Public comments are addressed in 
the following summary and incorporated into the final rule as 
appropriate. A few commenters provided new information on Poecilotheria 
biology or trade, and we have incorporated this information into the 
corresponding sections of this rule.
    (1) Comment: Several commenters questioned certain information in 
our proposed rule. Several claimed that we inaccurately characterized 
the degree or effects (or both) of inbreeding or maladaptation in 
captive specimens of these species. Another questioned our assessment 
of the ability of these species to adapt to changing climate in Sri 
Lanka. Many of these commenters cited their own anecdotal observations 
of captive specimens to support their claims while the remaining 
commenters provided no new information. A few other commenters claimed, 
more generally, that we used outdated references or erroneous 
information, or misrepresented the findings of cited authors. However, 
these commenters also provided no new references or information 
supporting their claims.
    Our Response: The Act requires that we use the best available 
scientific and commercial data to determine if a species meets the 
definition of a ``threatened species'' or an ``endangered species'' 
because of any one or a combination of the five factors found in 
section 4(a)(1) of the Act. This analysis includes an analysis of the 
extent to which captive-held members of a species create or contribute 
to threats to the species (for example, by fueling trade) or the extent 
to which captive-held members of a species remove or reduce threats to 
the species by contributing to the conservation of the species (for 
example, by providing specimens for population augmentation or 
reintroduction). In conducting our analysis, we reviewed all relevant 
information available to us on these species, including information 
submitted to us following the initiation of the 12-month status reviews 
for these species. We based our proposed rule, including the discussion 
and conclusions regarding captive Poecilotheria, on the best scientific 
and commercial data available to us at the time of our proposed rule. 
In addition, we reviewed all comments and information submitted by the 
public and peer reviewers during the public comment period for our 
proposed rule and base this final rule on the best available 
information.
    Although some commenters provided anecdotal observations of captive 
specimens to support their assertions regarding the effects of 
inbreeding and maladaptation in captive specimens, or the ability of 
captive specimens to adapt to climate conditions, observations of 
health or survivability in captive conditions are not informative to 
predicting health or survivability in wild conditions because selection 
pressures in the wild differ greatly from those in captivity. 
Therefore, in this final rule we did not change any of our conclusions 
on these topics. However, we revised the section on Captive 
Poecilotheria to clarify the bases of our conclusions.
    (2) Comment: A few commenters suggested that we did not consider 
the knowledge or efforts of hobbyists in our proposal.
    Our Response: As required by the Act, we based our determinations 
on the best scientific and commercial information available. In doing 
so, we reviewed all information available to us on these species, 
including information submitted to us by the public following 
initiation of our 12-month status reviews for these species. This 
included information and dozens of articles from hobbyist publications. 
Further, we cited several of these sources in our proposal and retained 
these citations in this final rule.
    (3) Comment: Some commenters believe that we inaccurately suggested 
in our proposed rule that all captive-bred specimens of these species 
have limited value to the conservation of these species--that all are 
inbred, maladapted to conditions in the wild, or hybridized--and that 
we did not acknowledge the knowledge and good practices of reputable 
breeders. A few suggest that genetic tests could determine which 
captives could potentially be useful for a conservation breeding 
program.
    Our Response: We appreciate the level of knowledge and care taken 
by reputable hobbyists when breeding these species. However, we 
acknowledged the uncertainties pertaining to the levels of inbreeding 
and hybridization in pet trade specimens in our proposed rule by 
indicating that captive individuals of these species ``may be inbred or 
maladapted to conditions in the wild'' and ``likely include an unknown 
number of hybrids'' (see Captive Poecilotheria). Further, as indicated 
above, we have revised the section on captive Poecilotheria to clarify 
the bases of our conclusions. With respect to determining the genetic 
appropriateness of captive specimens for conservation via genetic 
testing, the Act requires us to make our decision based on the best 
available information at the time we make our decision, and we are not 
aware of any genetic studies on any individuals of these species, 
captive or wild. Even if such information existed, we have no 
information indicating that pet trade specimens are contributing to the 
conservation of these species in the wild, for instance, as part of a 
reintroduction program. Therefore, we have not changed our conclusions 
regarding captive specimens of these species.
    (4) Comment: A few commenters assert that the extent of 
hybridization of these species in the pet trade is likely low because 
tarantula hobbyists are strongly opposed to hybridization of species, 
and because breeders can distinguish between species of adult specimens 
and take care not to cross-breed them.

[[Page 36771]]

    Our Response: Again, we appreciate the level of knowledge and care 
taken by reputable hobbyists when breeding these species. However, 
because (1) genetic studies have not been conducted on any of these 
species, (2) evidence indicates that hybrids do occur in the hobby, (3) 
hybridization may not be visually apparent in captive individuals, and 
(4) the lineages of pet trade specimens of these species are not 
documented, the extent of hybridization in any particular captive 
specimen--be it high, low, or nonexistent--is unknown.
    (5) Comment: Several commenters believe that captive-bred specimens 
in the pet trade are beneficial or necessary to the conservation of 
these species. They believe captive-bred specimens provide a safety net 
for these species to prevent extinction, increase public awareness, 
provide for education and research, supply zoos, and take the 
collection pressure off wild populations by fulling the demand for 
these species as pets. Two commenters assert that these species are not 
in danger of extinction because many exist in captivity.
    Our Response: The goal of the Act is survival and recovery of 
endangered and threatened species and the ecosystems on which they 
depend. Therefore, when analyzing threats to a species, we focus our 
analysis on threats acting upon its survival in the wild, generally 
within the native range of the species. In our assessment of the status 
of a species, the extent to which captive-held members of a species 
create or contribute to threats to the species (for example, by fueling 
trade) or the extent to which captive-held members of a species remove 
or reduce threats to the species by contributing to the conservation of 
the species in the wild (for example, by providing specimens for 
population augmentation or reintroduction) is part of the analysis we 
conduct under section 4(a)(1) of the Act to determine if the species 
meets the definition of an endangered species or a threatened species. 
Further, the Act requires that we make our decision based on the best 
scientific and commercial data available at the time our decision is 
made. As indicated in our proposed rule, we are not aware of any 
existing conservation programs for these species or information 
indicating that pet trade specimens contribute to the viability of 
these species within their native ranges in the wild, and have 
clarified this in revisions to the Captive Poecilotheria section of 
this rule. We also determined that pet trade specimens likely hold 
limited value to the conservation of these species in the wild. 
However, we acknowledge that some pet trade specimens could potentially 
contribute to the conservation of these species in the wild if, for 
example, they became part of a genetically managed conservation 
breeding program. Persons seeking to engage in otherwise prohibited 
activities with endangered wildlife for scientific purposes or to 
enhance the propagation or survival of these species may seek 
authorization from the Service (see Available Conservation Measures).
    We also have no information indicating that current or future 
education or research efforts are being conducted or planned with 
captive-bred pet trade specimens of these species for conservation 
purposes, or any evidence that populations in the wild are benefiting 
from current education or research efforts using captive-bred pet trade 
specimens. The best scientific and commercial data available indicate 
that as of September 2017 there were only 19 specimens in captivity in 
zoos worldwide (11 P. fasciata, 1 P. ornata, 2 P. vitatta, 5 P. 
subfusca) (Species360 2017, unpaginated).
    With respect to trade, certain prohibitions, certain exceptions, 
and other conservation measures established through the Act are 
available for endangered species upon listing (see Available 
Conservation Measures). Therefore, they are provided by law to fulfill 
the purposes and policy of the Act. The effects of legal trade of a 
species on wild populations and market demand for that species is a 
complex phenomenon influenced by a variety of factors (Bulte and 
Damania 2005, entire; Fischer 2004, entire), and we are not aware of 
any evidence indicating that the pet trade of captive-bred specimens of 
these species are benefitting wild populations.
    (6) Comment: One commenter expressed concern that listing these 
species as endangered would likely result in their extinction due to 
forcing breeders to stop breeding unless they apply for a permit. The 
commenter also indicated that specimens possessed by hobbyists that are 
unable to be used in repopulation efforts would not fall under the 
protections of the Act because they are ``unpure specimens''.
    Our Response: As explained in response to comments below, captive 
breeding and many activities related to captive breeding are not 
prohibited under the Act. Persons seeking to engage in activities that 
are not prohibited under the Act do not need a permit under the Act. 
While we are not certain how this commenter defines ``unpure'', the 
protections of the Act apply to all members of these five species as 
explained in response to comments below. We recommend that breeding 
records be maintained to show parentage.
    (7) Comment: Several commenters requested we exempt captive-bred 
specimens and their offspring from possession and interstate sales 
regulations, allowing ownership and interstate trade of these species 
to occur without obtaining a permit under the Act.
    Our Response: Because we determined that all five of these species 
meet the definition of an ``endangered species'' under the Act, section 
9(a)(1) of the Act and our implementing regulations at 50 CFR 17.21 set 
forth a series of general prohibitions that apply to all members of 
each of these species, whether captive or wild. The prohibitions cannot 
be revised through a regulation under section 4(d) of the Act, because 
such regulations apply to threatened species. The Act also does not 
allow for captive-bred specimens of these listed species to be assigned 
separate legal status from their wild counterparts. However, no permit 
is required for activities that do not constitute prohibited acts. As 
noted in response to comments below, the Act does not prohibit captive 
breeding of listed species and also does not prohibit a number of 
activities related to captive breeding, such as ownership. Furthermore, 
we may authorize otherwise prohibited activities for scientific 
purposes or to enhance the propagation or survival of these species, in 
accordance with the Act and our regulations (see Available Conservation 
Measures).
    (8) Comment: Several commenters suggested that, rather than list 
these species as endangered species under the Act, we instead take 
another action such as: List them in a CITES Appendix, list them as 
threatened species with a section 4(d) rule that allows interstate 
trade, do not list them at all, or focus on ameliorating threats within 
these species' native ranges rather than on regulating domestic trade.
    Our Response: When we receive a petition to list a species under 
the Act, we are required to make a determination as to whether that 
species meets the Act's definition of a threatened species or an 
endangered species. We are required to do this based solely on the best 
scientific and commercial data available, as it relates to the five 
listing factors in section 4(a)(1) of the Act. When we determine that a 
species meets the Act's definition of a threatened species or 
endangered species, we must list that species accordingly under the 
Act. We determined that these species

[[Page 36772]]

meet the definition of endangered species, and as such we must list 
them as endangered species. The Act and our regulations provide 
prohibitions and other conservation measures that apply to all 
endangered species as described above (see Available Conservation 
Measures). Because we found that listing these species as endangered is 
warranted, not listing them is not an option. We also cannot list them 
as threatened species with a section 4(d) rule because we found that 
they are endangered, not threatened species. Furthermore, because we 
found them warranted for listing, not listing them is not feasible. 
Finally, CITES has a different process and set of criteria for listing 
species in the CITES Appendices that is independent of listing under 
the Act. The portion of the comment suggesting a CITES listing is 
outside the scope of this agency action to consider whether these 
species should be listed as endangered species under the Act.
    (9) Comment: One commenter asked how to acquire a permit for 
exemption from the prohibitions of the Act and how often permits need 
to be renewed.
    Our Response: Information regarding permits for activities related 
to these five species can be obtained at our International Affairs 
program website at https://www.fws.gov/international/.
    (10) Comment: Several commenters believe that trade in these 
species has little or no effect on wild populations and provided 
various reasons, including: They had never seen, or heard of others 
seeing, a wild-caught specimen; the captive stock is self-sustaining; 
wild-caught specimens are frowned upon in the hobby; and there is no 
financial incentive for the trade of wild-caught specimens. Others 
contend that listing and/or regulating trade in the United States is 
not necessary or useful because U.S. trade does not affect wild 
populations and because the primary threats to these species occur 
outside U.S. jurisdiction, in Sri Lanka.
    Our Response: Evidence shows that wild-caught specimens of some of 
these species occur in trade (see Trade). Although the amount of trade 
in wild-caught specimens in the United States appears to be small, this 
does not mean trade, or U.S. trade, has no, or even little, effect on 
wild populations. As indicated in our proposed rule, collection of 
small numbers of individuals of these species could potentially have 
significant negative effects on wild populations of these species. With 
respect to U.S. jurisdiction and the regulation of trade, the Act 
requires the Service to determine if species qualify as endangered or 
threatened species regardless of whether a species is native to the 
United States. The protections of the Act include prohibitions on 
certain activities including import, export, take, and certain 
commercial activity in interstate or foreign commerce (see Available 
Conservation Measures). By regulating these activities, the Act helps 
to ensure that people under the jurisdiction of the United States do 
not contribute to the further decline of listed species.
    (11) Comment: Several commenters raise concerns that listing would 
provide a disincentive to captive-breeding these species.
    Our Response: It is not our intention to cause difficulties for 
breeders of these species or a decline in the pool of captive-held 
specimens. The Act does not prohibit or ``ban'' captive breeding of 
listed species. The Act also does not prohibit a number of activities 
related to captive breeding. For example, ownership, possession, or 
keeping of a listed species that was legally acquired and not taken in 
violation of the Act is not prohibited by the Act--nor is interstate 
transport of animals that are not for sale, not offered for sale, or 
not transported in the course of a commercial activity. Further, while 
the Act prohibits harassment of listed species (via the definition of 
``take''), our regulations specify that, when captive animals are 
involved, harassment does not include generally accepted animal 
husbandry practices that meet or exceed AWA standards, breeding 
procedures, or provisions of veterinary care for confining, 
tranquilizing, or anesthetizing, when such practices, procedures, or 
provisions are not likely to result in injury (see the definition of 
harass at 50 CFR 17.3). In addition, activities that do not adversely 
affect these species, such as observations in behavioral research, are 
not considered take. Activities that are not prohibited by the Act do 
not require a permit under the Act.
    The protections of the Act for endangered species include 
prohibitions on certain activities with any member of the listed 
species including import, export, take, and certain commercial activity 
in interstate or foreign commerce (see Available Conservation 
Measures). Permits may be issued to carry out otherwise prohibited 
activities, for scientific purposes or to enhance the propagation or 
survival of the species. For example, a permit could potentially be 
issued for import or export of captive-bred specimens if the activity 
were determined to enhance the propagation or survival of the species. 
Section 10(g) of the Act provides that any person claiming the benefit 
of any exemption or permit under the Act shall have the burden of 
proving that the exemption or permit is applicable, has been granted, 
and was valid and in force at the time of an alleged violation. While 
the Service may have information available to it that may assist in 
making required determinations prior to authorizing otherwise 
prohibited activities with listed species, the burden is on the 
applicant to provide necessary information for the Service to issue a 
permit.

Required Determinations

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act (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 in Docket No. FWS-HQ-ES-
2016-0076 and upon request from the Branch of Foreign Species, 
Ecological Services (see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this final 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.

Regulation Promulgation

    Accordingly, we amend part 17, subchapter B of chapter I, title 50 
of the Code of Federal Regulations, as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

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

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


0
2. In Sec.  17.11(h), add the following entries to the List of 
Endangered and

[[Page 36773]]

Threatened Wildlife in alphabetical order under Arachnids:
0
a. Spider, ivory ornamental tiger;
0
b. Spider, ornate tiger;
0
c. Spider, Pedersen's tiger;
0
d. Spider, Smith's tiger; and
0
e. Spider, Sri Lanka ornamental tiger.
    The additions read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
             Common name                  Scientific name          Where listed             Status            Listing citations and applicable rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
              Arachnids
 
                                                                      * * * * * * *
Spider, ivory ornamental tiger......  Poecilotheria subfusca  Wherever found........  E                  83 FR [Insert Federal Register page where the
                                                                                                          document begins], 7/31/2018.
 
                                                                      * * * * * * *
Spider, ornate tiger................  Poecilotheria ornata..  Wherever found........  E                  83 FR [Insert Federal Register page where the
                                                                                                          document begins], 7/31/2018.
Spider, Pedersen's tiger............  Poecilotheria vittata.  Wherever found........  E                  83 FR [Insert Federal Register page where the
                                                                                                          document begins], 7/31/2018.
Spider, Smith's tiger...............  Poecilotheria smithi..  Wherever found........  E                  83 FR [Insert Federal Register page where the
                                                                                                          document begins], 7/31/2018.
 
                                                                      * * * * * * *
Spider, Sri Lanka ornamental tiger..  Poecilotheria fasciata  Wherever found........  E                  83 FR [Insert Federal Register page where the
                                                                                                          document begins], 7/31/2018.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: May 29, 2018.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife Service, Exercising the 
Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-16359 Filed 7-30-18; 8:45 am]
 BILLING CODE 4333-15-P



                                                                 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations                                         36755

                                             [FR Doc. 2018–16266 Filed 7–30–18; 8:45 am]                 What this document does. This rule                 warranted, (2) requested from the public
                                             BILLING CODE 6560–50–P                                   will add the following five tarantula                 scientific and commercial data and
                                                                                                      species to the List of Endangered and                 other information regarding the species,
                                                                                                      Threatened Wildlife in title 50 of the                and (3) notified the public that at the
                                             DEPARTMENT OF THE INTERIOR                               Code of Federal Regulations (50 CFR                   conclusion of our review of the status of
                                                                                                      17.11(h)) as endangered species:                      these species, we would issue a 12-
                                             Fish and Wildlife Service                                Poecilotheria fasciata, P. ornata, P.                 month finding on the petition, as
                                                                                                      smithi, P. subfusca, and P. vittata.                  provided in section 4(b)(3)(B) of the Act.
                                             50 CFR Part 17                                              The basis for our action. Under the                We published a 12-month finding and
                                                                                                      Act, we use the best available scientific             proposed rule for listing the five
                                             [Docket No. FWS–HQ–ES–2016–0076;                         and commercial data to determine                      Poecilotheria species that are endemic
                                             4500030115]                                              whether a species meets the definition                to Sri Lanka (Poecilotheria fasciata, P.
                                             RIN 1018–BC82                                            of a ‘‘threatened species’’ or an                     ornata, P. pederseni, P. smithi, and P.
                                                                                                      ‘‘endangered species’’ because of any                 subfusca) on December 14, 2016 (81 FR
                                             Endangered and Threatened Wildlife                       one or more of the following five factors             90297). In our 12-month finding and
                                             and Plants; Endangered Species                           or the cumulative effects thereof: (A)                proposed rule we determined that these
                                             Status for Five Poecilotheria Tarantula                  The present or threatened destruction,                five species were in danger of extinction
                                             Species From Sri Lanka                                   modification, or curtailment of its                   throughout their ranges and proposed
                                                                                                      habitat or range; (B) Overutilization for             listing them as endangered under the
                                             AGENCY:   Fish and Wildlife Service,                     commercial, recreational, scientific, or
                                             Interior.                                                                                                      Act. We requested input from the
                                                                                                      educational purposes; (C) Disease or                  public, range country, other interested
                                             ACTION: Final rule.                                      predation; (D) The inadequacy of                      parties, and peer reviewers during a 60-
                                                                                                      existing regulatory mechanisms; or (E)                day public comment period that ended
                                             SUMMARY:    We, the U.S. Fish and                        Other natural or manmade factors
                                             Wildlife Service (Service), determine                                                                          February 13, 2017.
                                                                                                      affecting its continued existence. We
                                             endangered species status under the                      have determined on the basis of the best              Summary of Changes From the
                                             Endangered Species Act of 1973, as                       available scientific and commercial data              Proposed Rule
                                             amended, for the following five                          that P. fasciata, P. ornata, P. smithi, P.
                                             tarantula species from Sri Lanka:                                                                                 In preparing this final rule, we
                                                                                                      subfusca, and P. vittata are in danger of             reviewed and fully considered
                                             Poecilotheria fasciata, P. ornata, P.                    extinction because of ongoing habitat
                                             smithi, P. subfusca, and P. vittata. The                                                                       comments from the public and peer
                                                                                                      loss and degradation and the cumulative               reviewers on the proposed rule. This
                                             effect of this regulation will be to add                 effects of this and other threat factors.
                                             these species to the List of Endangered                                                                        final rule incorporates minor changes to
                                                                                                      One species, P. smithi, is also in danger             our proposed listing based on the
                                             and Threatened Wildlife.                                 of extinction because of the effects of               comments we received (See: Summary
                                             DATES: This rule becomes effective                       stochastic (random) processes.                        of Comments and Recommendations).
                                             August 30, 2018.                                            Peer review and public comment. We
                                             ADDRESSES: This final rule is available                  sought comments from independent                      Background
                                             on the internet at http://                               peer reviewers to ensure that our                     Taxonomy and Species Descriptions
                                             www.regulations.gov at docket number                     designation is based on scientifically
                                                                                                      sound data and analyses. We invited                     Poecilotheria is a genus of arboreal
                                             FWS–HQ–ES–2016–0076. Comments
                                                                                                      these peer reviewers to comment on our                spiders endemic to Sri Lanka and India.
                                             and materials we received, as well as
                                                                                                      listing proposal. We also considered all              The genus belongs to the family
                                             supporting documentation we used in
                                                                                                      comments and information received                     Theraphosidae, often referred to as
                                             preparing this rule, are available for
                                                                                                      from the public during the comment                    tarantulas, within the infraorder
                                             public inspection at http://
                                                                                                      period.                                               Mygalomorphae. As with most
                                             www.regulations.gov.
                                                                                                                                                            theraphosid genera, Poecilotheria is a
                                             FOR FURTHER INFORMATION CONTACT:    Don                  Previous Federal Action                               poorly understood genus. The taxonomy
                                             Morgan, Chief, Branch of Delisting and                      We received a petition, dated October              has never been studied using modern
                                             Foreign Species, Ecological Services,                    29, 2010, from WildEarth Guardians                    DNA technology; therefore, species
                                             U.S. Fish and Wildlife Service, MS: ES,                  requesting that the following 11                      descriptions are based solely on
                                             5275 Leesburg Pike, Falls Church, VA                     tarantula species in the genus                        morphological characteristics.
                                             22041–3803; telephone, 703–358–2171.                     Poecilotheria be listed under the Act as              Consequently, there have been several
                                             Persons who use a telecommunications                     endangered or threatened: Poecilotheria               revisions, additions, and subtractions to
                                             device for the deaf (TDD) may call the                   fasciata, P. formosa, P.                              the list of Poecilotheria species over the
                                             Federal Relay Service at 800–877–8339.                   hanumavilasumica, P. metallica, P.                    last 20 years (Nanayakkara 2014a, pp.
                                             SUPPLEMENTARY INFORMATION:                               miranda, P. ornata, P. pederseni, P.                  71–72; Gabriel et al. 2013, entire).
                                                                                                      rufilata, P. smithi, P. striata, and P.                 The World Spider Catalog (2017,
                                             Executive Summary                                        subfusca. The petition identified itself              unpaginated; 2016, unpaginated)
                                                Why we need to publish a rule. Under                  as such and included the information as               currently recognizes 14 species of
                                             the Endangered Species Act of 1973, as                   required by 50 CFR 424.14(a). We                      Poecilotheria. The Integrated
                                             amended (Act; 16 U.S.C. 1531 et seq.),                   published a 90-day finding on December                Taxonomic Information System
                                             a species may be protected through                       3, 2013 (78 FR 72622), indicating that                currently identifies 16 species in the
                                             listing as an endangered species or                      the petition presents substantial                     genus, based on the 2011 version of the
daltland on DSKBBV9HB2PROD with RULES




                                             threatened species if it meets the                       scientific and commercial information                 same catalog. Because the World Spider
                                             definition of an ‘‘endangered species’’ or               indicating that listing these 11 species              Catalog is the widely accepted authority
                                             ‘‘threatened species’’ under the Act.                    may be warranted. At that time we also                on spider taxonomy, we consider the
                                             Listing a species as an endangered or                    (1) notified the public that we were                  Poecilotheria species recognized by the
                                             threatened species can only be                           initiating a review of the status of these            most recent (2017) version of this
                                             completed by issuing a rule.                             species to determine if listing them is               catalog to be valid. Based on the World


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                                             36756               Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations

                                             Spider Catalog, all five of the species                  Captive Poecilotheria                                 Tarantula General Biology
                                             addressed in this rule are considered                       Most captive individuals of                           Tarantulas possess life-history traits
                                             valid taxon, although P. pederseni is                    Poecilotheria species are in the pet                  markedly different from most spiders
                                             now considered a junior synonym to the                   trade; few specimens of the species                   and other arthropods (Bond et al. 2006,
                                             currently accepted name P. vittata.                      addressed in this rule are held in zoos               p. 145). They are long-lived, have
                                             Therefore, in the remainder of this                      (Species360 2017, unpaginated).                       delayed sexual maturity, and most are
                                             document we refer to this species as P.                  Poecilotheria species are commonly                    habitat specialists that are extremely
                                             vittata. Further, all five of these species              bred in captivity by amateur hobbyists                sedentary. They also have poor
                                             have multiple common names (see                          as well as vendors, and are available as              dispersal ability because their mode of
                                             WildEarth Guardians 2010, p. 4); thus,                   captive-bred young in the pet trade in                travel is limited to walking, and they
                                             we refer to them by their scientific                     the United States, Europe, and                        typically do not move far from the area
                                             names throughout this document.                          elsewhere (see Trade). However, while                 in which they are born. As a result, the
                                                Poecilotheria species are among the                   rearing and keeping of captive                        distribution of individuals tends to be
                                             largest spiders in the world, with body                  individuals by hobbyists and vendors                  highly clumped in suitable
                                             lengths of 4 to 9 centimeters (1.5 to 3.5                has provided information on life history              microhabitats (a smaller habitat within
                                             inches) and maximum adult leg spans                      of these species, we are not aware of any             a larger habitat), populations are
                                             varying from 15 to 25 centimeters (6 to                  existing conservation programs for these              extremely genetically structured
                                             10 inches) (Nanayakkara 2014a, pp. 94–                   species, including any in which                       (genetically subdivided; gene
                                             129; Molur et al. 2006, p. 23). They are                 specimens held or sold as pets                        frequencies differ across the
                                             known for their fast movements and                       contribute to the viability of these                  population), and the group shows a high
                                             potent venom that, in humans, typically                  species within their native ranges in the             level of endemism (species restricted to
                                             causes extended muscle cramps and                        wild.                                                 a particular geographical location)
                                             severe pain (Fuchs 2014, p. 75;                             Individuals of these species that are              (Ferreti et al. 2014, p. 2; Hedin et al.
                                             Nanayakkara and Adikaram 2013, p.                        held or sold as pets hold limited                     2013, p. 509, citing several sources;
                                             53). They are hairy spiders and have                     conservation value to the species in the              Bond et al. 2006, pp. 145–146, citing
                                             striking coloration, with dorsal color                   wild because they are not genetically                 several sources).
                                             patterns of gray, black, brown, and in                   managed for conservation purposes.                       Tarantulas are primarily nocturnal
                                             one case, a metallic blue. Ventral                       Individuals in the pet trade descend                  and typically lead a hidden life,
                                             coloration of either sex is typically more               from wild individuals from unknown                    spending much of their time concealed
                                             of the same with the exception of the                    locations, have undocumented lineages,                inside burrows or crevices (retreats) that
                                             first pair of legs, which in some species                come from limited stock (e.g., see                    provide protection from predators and
                                             bear bright yellow to orange aposematic                  Gabriel 2012, p. 18), and are bred                    the elements (Foelix 2011, p. 14; Molur
                                             (warning) markings that are visible                      without knowledge or consideration of                 et al. 2003, unpaginated; Gallon 2000,
                                             when the spider presents a defensive                     their genetics. They also likely include              unpaginated). They are very sensitive to
                                             display. Mature spiders exhibit some                     an unknown number of hybrid                           vibrations and climatic conditions, and
                                             sexual dimorphism with mature males                      individuals resulting from intentional                usually do not come out of their retreats
                                             having a more drab coloration and being                  crosses, or unintentional crosses                     in conditions like rains, wind, or
                                             significantly smaller than the adult                     resulting from confusion and difficulty               excessive light, or when they detect
                                             females (Siliwal 2017, unpaginated;                      in species taxonomy and identification                movement outside their retreat (Molur
                                                                                                      (Gabriel 2011a, pp. 25–26; Gabriel et al.             et al. 2003, unpaginated). Tarantulas are
                                             Nanayakkara 2014a, entire; Pocock
                                                                                                      2005, p. 4; Gabriel 2003, pp. 89–90).                 generalist predators that sit and wait for
                                             1899, pp. 84–86).
                                                                                                      Further, many are likely several                      passing prey near the entrance of their
                                                The primary characteristics used to                   generations removed from wild                         retreats (Gallon 2000, unpaginated).
                                             distinguish Poecilotheria species are                    ancestors and thus may be adversely                   With the exception of reproductive
                                             ventral leg markings (Gabriel 2010 p. 13,                affected by inbreeding or maladapted to               males that wander in search of females
                                             citing several authors). Some authors                    conditions in the wild. In short, captive             during the breeding season, they leave
                                             indicate that identification via leg                     individuals held or sold as pets do not               their retreat only briefly for capturing
                                             markings is straightforward for most                     adhere to the IUCN guidelines for                     prey, and quickly return to it at the
                                             Poecilotheria species (Nanayakkara                       reintroductions and other conservation                slightest vibration or disturbance (Foelix
                                             2014a, pp. 74–75; Gabriel 2011a, p. 25).                 translocations (IUCN 2013, entire).                   2011, p. 14; Stotley and Shillington
                                             However, the apparent consistent leg                     Further, we are not aware of any                      2009, pp. 1210–1211; Molur et al. 2003,
                                             patterns observed in adults of a species                 captive-breeding programs for                         unpaginated). Tarantulas generally
                                             could also be a function of specimens                    Poecilotheria that adhere to IUCN                     inhabit a suitable retreat for extended
                                             being collected from a limited number                    guidelines.                                           periods and may use the same retreat for
                                             of locations (Morra 2013, p. 129). During                   Because (1) the purpose of our status              years (Stotley and Shilling 2009, pp.
                                             surveys, researchers found more                          assessments is to determine the status of             1210–1211; Stradling 1994, p. 87). Most
                                             variation than suggested by published                    the species in the wild, (2) we are not               tarantulas are solitary, with one spider
                                             species descriptions and indicated that                  aware of any information indicating that              occupying a retreat (Gallon 2000,
                                             identifying Poecilotheria species is not                 captive individuals are contributing to               unpaginated).
                                             as straightforward as suggested by                       the conservation of these species in the                 The lifestyle of adult male tarantulas
                                             current descriptions (Molur et al. 2003,                 wild, and (3) captive individuals held or             differs from that of adult females and
                                             unpaginated). Immature spiders                           sold as pets have limited value for                   juveniles. Females and juveniles are
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                                             (juveniles) lack the variation in coloring               conservation programs or for                          sedentary, spending most of their time
                                             found in adults. As a result, they are                   reintroduction purposes, we place little              in or near their retreat. Adult females
                                             difficult to differentiate visually; genetic             weight on the status of captive                       are long-lived and continue to grow,
                                             analysis may be the only way to reliably                 individuals in our assessment of the                  molt, and reproduce for several years
                                             identify juveniles to species (Longhorn                  status of the five Poecilotheria species              after reaching maturity (Ferreti et al.
                                             2014a, unpaginated).                                     addressed in this rule.                               2014, p. 2, citing several sources; Costa


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                                                                 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations                                         36757

                                             and Perez-Miles 2002, p. 585, citing                     mating of females likely depends on the               Poecilotheria Habitat
                                             several sources; Gallon 2000,                            density of males in the vicinity. In a                Microhabitat
                                             unpaginated). They are capable of                        study conducted on an arboreal tropical
                                             producing one brood per year, although                   tarantula (Avicularia avicularia in                     Poecilotheria occupy preexisting
                                             they do not always do so (Ferreti et al.                 Trinidad), less than half of adult females            holes or crevices in trees or behind
                                             2014, p. 2; Stradling 1994, pp. 92–96).                  produced eggs in the same year despite                loose tree bark (Molur et al. 2006, p. 31;
                                             Males have shorter lifespans than                        the fact that they were in close                      Samarawckrama et al. 2005; Molur et al.
                                             females and, after reaching maturity, no                                                                       2003 unpaginated; Kirk 1996, pp. 22–
                                                                                                      proximity to each other and exhibited
                                             longer molt and usually only live one or                                                                       23). Individuals of some species are also
                                                                                                      the same weight gain, possibly due to a
                                             two breeding seasons (Costa and Perez-                                                                         occasionally found in grooves or
                                                                                                      failure to mate (Stradling 1994, p. 96).              crevices in or on other substrates such
                                             Miles 2002, p. 585, Gallon 2000,
                                             unpaginated). Further, on reaching                          Time to maturity in Poecilotheria                  as rocks or buildings that are close to
                                             maturity, males leave their retreats to                  species varies and is influenced by the               wooded areas (Samarawckrama et al.
                                             wander in search of receptive females                    temperature at which the young are                    2005, pp. 76, 83; Molur et al. 2003,
                                             with which to mate (Stotley and                          raised and amount of food provided                    unpaginated). In a survey in Sri Lanka,
                                             Shillington 2009, pp. 1210–1211). Males                  (Gabriel 2006, entire). Based on                      89 percent (31) of Poecilotheria spiders
                                             appear to search the landscape for                       observations of captive Poecilotheria,                were found in or on trees, while 11
                                             females randomly and, at short range,                    males mature from spiderlings to adults               percent (4) were found in or on
                                             may be able to detect females through                    in 11 to16 months (Gabriel 2011b, p.                  buildings (Samarawckrama et al. 2005,
                                             contact sex-pheromones on silk                           101; Gabriel 2005, entire). Females                   p. 76). Poecilotheria species are said to
                                             deposited by the female at the entrance                  mature in 14 to 48 months and generally               have a preference for residing in old,
                                             of her retreat (Ferreti et al. 2013, pp. 88,             live an additional 60 to 85 months after              established trees with naturally
                                             90; Janowski-Bell and Horner 1999, pp.                   maturing (Cowper 2017, unpaginated;                   occurring burrows (Nanayakkara 2014a,
                                             506, 509; Yanez et al. 1999, pp. 165–                    Weaver 2017, unpaginated; Gabriel                     p. 86). Some species also appear to
                                             167; Stradling 1994, p. 96). Males may                   2012, p. 19; Government of Sri Lanka                  prefer particular tree species
                                             cover relatively large areas when                        and Government of the United States                   (Nanayakkara 2014a, p. 84;
                                             searching for females. Males of a                        2000, p. 3), although they have been                  Samarawckrama et al. 2005, p. 76).
                                             ground-dwelling temperate species                        reported living up to 14 years (Gallon                Macrohabitat
                                             (Aphonopelma anax) are reported                          2012, p. 69). Females lay about 50 to
                                             covering search areas up to 29 ha (72                                                                            Most Poecilotheria species occur in
                                                                                                      100 eggs, 5 to 6 months after mating                  forested areas, although some
                                             acres), though the mean size of areas                    (Nanayakarra 2014a, p. 79; Gabriel
                                             searched is much smaller (1.1 ± 0.5 ha                                                                         occasionally occur in other treed
                                                                                                      2011b, entire; Gabriel 2005, p. 101). In
                                             one year and 8.8 ± 2.5 ha another year)                                                                        habitats such as plantations
                                                                                                      captivity, generation time appears to be              (Nanayakkara 2014a, p. 86; Molur et al.
                                             (Stotley and Shillington 2009, p. 1216).
                                               When a male locates a receptive                        roughly 2–3 years (see Gabriel 2011b,                 2006, p. 10; Molur et al 2003, entire;
                                             female, the two will mate in or near the                 entire; Gabriel 2006, p. 96; Gabriel 2005,            Smith et al. 2001, entire). Poecilotheria
                                             entrance to the female’s retreat. After                  entire). While captive individuals                    are less abundant in degraded forest
                                             mating, the female returns to her retreat                provide some indication of potential                  (Molur et al. 2004, p. 1665). Less
                                             where she eventually lays eggs within                    growth, longevity, and reproductive                   complex, degraded forests may contain
                                             an egg-sac and tends the eggs until they                 capacity of wild individuals, these                   fewer trees that provide adequate
                                             hatch. Spiderlings reach maturity in one                 variables are likely to vary with                     retreats for these species and less cover
                                             or more years (Gallon 2000,                              conditions in the wild. Poecilotheria are             for protection from predators and the
                                             unpaginated).                                            ectotherms and, as such, their                        elements. Trees with broad, dense
                                                                                                      physiological and developmental                       canopy cover likely provide
                                             Poecilotheria Biology                                    processes including growth and                        Poecilotheria in hotter, dryer habitats
                                                Limited information is available on                   reproduction are strongly influenced by               protection from heat and desiccation
                                             Poecilotheria species in the wild. While                 body temperature and it is likely that                (Siliwal 2008, pp. 12, 15). We provide
                                             they appear to be typical tarantulas in                  captive-rearing of these species is                   additional, species-specific information
                                             many respects, they differ from most                     primarily done under ideal                            on habitat below.
                                             tarantulas in that they are somewhat                     environmental conditions for
                                             social (discussed below) and reside in                                                                         Sri Lanka
                                                                                                      reproduction and growth.
                                             trees rather than ground burrows (see                                                                             Sri Lanka is an island nation about
                                                                                                         Unlike most tarantulas, which are                  65,610 square kilometers (km 2) (25,332
                                             Microhabitat).
                                                Poecilotheria species are patchily                    solitary, most Poecilotheria species                  square miles (mi 2)) in area (Weerakoon
                                             distributed (Siliwal et al. 2008, p. 8) and              display a degree of sociality. Adult                  2012, p. xvii), or about the size of West
                                             prey on a variety of insects, including                  females often share their retreat with                Virginia (Fig. 1). The variation in
                                             winged termites, beetles, grasshoppers,                  their spiderlings. Eventually as the                  topography, soils, and rainfall on the
                                             and moths, and occasionally small                        young mature, they disperse to find                   island has resulted in a diversity of
                                             vertebrates (Das et al. 2012, entire;                    denning areas of their own.                           ecosystems with high levels of species
                                             Molur et al. 2006, p. 31; Smith et al.                   Occasionally young remain on their                    endemism (Government of Sri Lanka
                                             2001, p. 57).                                            natal tree to breed, or three to four adult           (GOSL) 2014, pp. xiv–xv). Sri Lanka,
                                                We are not aware of any information                   females will share the same retreat                   together with the Western Ghats of
                                             regarding the reproductive success of                    (Nanayakkara 2014a, pp. 74, 80). These
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                                                                                                                                                            India, is identified as a global
                                             wild Poecilotheria species. However,                     semi-social behaviors are believed to be              biodiversity hotspot, and is among the
                                             reproduction may be greatly reduced                      a response to a lack of availability of               eight ‘‘hottest hotspots,’’ (Myers et al.
                                             during droughts (Smith et al. 2001, pp.                  suitable habitat (trees) in which                     2000, entire).
                                             46, 49). Additionally, given the                         individuals can reside (Nanayakkara                      Sri Lanka consists of a mountainous
                                             apparently random searching for                          2014a, pp. 74, 80; Gallon 2000,                       region (central highlands), reaching
                                             females by male tarantulas, successful                   unpaginated).                                         2,500 meters (8,202 feet) in elevation, in


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                                             36758               Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations

                                             the south-central part of the island                     regions based on altitude. The dry zone,              Further, information on species
                                             surrounded by broad lowland plains                       in which most of the land area of Sri                 abundance or population dynamics is
                                             (GOSL 2012, p. 2a–3–141) (Fig. 2). The                   Lanka occurs, is spread over much of                  not available on any of the five species;
                                             country has a tropical climate                           the lowland plains and is subjected to                therefore, population trends are
                                             characterized by two major monsoon                       several months of drought (MOE 2010,                  unknown. However, based upon the
                                             periods: the southwest monsoon from                      pp. 21–22) (Fig. 2). Most of the rain in              multitude of threats acting on these
                                             May to September and the northeast                       this zone comes from the northeast                    species, especially extensive and
                                             monsoon from December to February                        monsoon and inter-monsoonal rains                     ongoing habitat loss and degradation,
                                             (GOSL 2012, pp. 7–8).                                    (MOE 2010, pp. 21–22; Malgrem 2003,                   experts believe populations are
                                                Sri Lanka’s central highlands create a                p. 1236). Characteristic forest types                 declining, and that these species are
                                             rain shadow effect that gives rise to two                occur within each of the different                    very likely to go extinct within the next
                                             pronounced climate zones—the wet                         climate zones.                                        two or three decades (Nanayakkara and
                                             zone and dry zone—and a less extensive                   Species-Specific Information                          Adikaram 2013, p. 54). We are not
                                             intermediate zone between the two                                                                              aware of any existing conservation
                                                                                                         Each of the five species addressed in
                                             (Ministry of Environment–Sri Lanka                                                                             programs for these species. All five
                                                                                                      this finding is endemic to Sri Lanka and
                                             (MOE) 2010, pp. 21–22) (Fig. 2). Small                                                                         species are categorized on the National
                                                                                                      has a range restricted to a particular
                                             arid zones also occur on the                                                                                   Red List of Sri Lanka as Endangered or
                                                                                                      region and one or two of Sri Lanka’s
                                             northwestern and southeastern ends of                    climate zones (Nanayakkara 2014a, pp.                 Critically Endangered based on their
                                             the country (Nanayakkara 2014a, p. 22).                  84–85) (Fig. 1, Fig. 2). Due to their                 area of occupancy (Critically
                                             Annual rainfall ranges from less than                    secretive and nocturnal habits,                       Endangered: less than 10 km 2;
                                             1,000 millimeters (mm) (39.4 inches                      sensitivity to vibrations, and their                  Endangered: less than 500 km 2) and
                                             (in)) in the arid zone to over 5,000 mm                  occurrence in structurally complex                    distribution (Critically Endangered:
                                             (197 in) in the wet zone of the central                  habitat (forest), Poecilotheria species are           severely fragmented or known to exist at
                                             highlands (Jayatillake et al. 2005, pp.                  difficult to detect (Molur et al. 2003,               only a single location; Endangered:
                                             66–67). Mean annual temperature                          unpaginated). Therefore, reported                     severely fragmented or known to exist at
                                             ranges from 27 degrees Celsius (°C) (80.6                ranges are possibly smaller than the
                                             degrees Fahrenheit (°F)) in the lowlands                                                                       no more than five locations), and the
                                                                                                      actual ranges of these species. However,              status (continuing decline, observed,
                                             to 15 °C (59 ;°F) in the highlands                       surveys for these species were
                                             (Eriyagama et al. 2010, p. 2).                                                                                 inferred or projected, in the area, extent,
                                                                                                      conducted at many locations throughout                or quality, or any combination of the
                                                The wet zone is located in the                        the country during 2009–2012 by                       three) of their habitat (MOE 2012, p. 55;
                                             southwestern quarter of the island,                      Nanayakkara et al. (2012, entire), and                IUCN 2001, entire).
                                             where high annual rainfall is                            we consider the locations reported in
                                             maintained throughout the year by rain                   Nanayakkara (2014a, entire) to reflect                  For locations discussed in species-
                                             received during both monsoons and                        the best available information                        specific information below, see Fig. 1.
                                             during inter-monsoonal periods (MOE                      concerning the ranges of these species.               For locations of the ranges of the
                                             2010, pp. 21–22) (Fig. 2). The wet zone                     Historical ranges for the five species             different species, see Fig. 2.
                                             is divided into low, mid, and montane                    addressed in this rule are unknown.                   BILLING CODE 4333–15–P
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                                                                 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations                                                     36759


                                                                                                              Fiaare 1 .. Districts aad Climate
                                                                                                                           Zoaes of Sri Laaka.
                                                                                                                                     Legend                              Districts
                                                                                                                                    . . Wet Zone                         1.     Jaffna
                                                                                                                                               Intennediate Zone 2. Killinochchi
                                                                                                                                               DiyZone           3. Mullaitivu
                                                                                                                                    - - Sri Lanka Districts 4· Mannar
                                                                                                                                                            5. Vavuniya
                                                                                                                                                            6. Trincomalee
                                                                                                                                                            7. Anuradhapura
                                                                                                                                                            8. Puttalam
                                                                                                                                                            9. Kurunegala
                                                                                                                                                            10. Matale
                                                                                                                                                            ll. Polonnamwa
                                                                                                                                                            12. Baticaloa
                                                                                                                                                            13. Ampara
                                                                                                                                                            14. Badulla
                                                                                                                                                            15. Kandy
                                                                                                                                                            16. Kegalle
                                                                                                                                                            17. Gampaha
                                                                                                                                                            18. Colombo
                                                                                                                                                            19. Kalutara
                                                                                                                                                            20. Ratnapura
                                                                                                                                                            21. Nuwara Eliya
                                                                                                                                                            22. Moneragala
                                                                                                                                                            23. Hambantota
                                                                                                                                                            24. Matara
                                                                                                                                                            25. Galle




                                                               .+
                                                                       N                                                                            Source:
                                                                                                                                                    Clunda, T., 0. Hilfllherger, and J. Gilligan. 2016.
                                                                                     n...ru                                           IMiles        Spatiotemporal patterns of agricultural drougbt
                                                                                                                                                     in Sri Lanka; 1881-2010. Int. J. ClimatoL 36:
                                                                                     0    10 20             40          60          80              563·575.
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                                             36760               Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations




                                             BILLING CODE 4333–15–C                                   Sri Lanka as Endangered (MOE 2012, p.                 trees that were infested with weevils
                                             P. fasciata                                              55).                                                  and subsequently fed on by
                                                                                                        The only detailed record of the                     woodpeckers that created holes suitable
                                                Poecilotheria fasciata occurs in                      species’ occurrence is provided by                    for P. fasciata retreats, and plantation
                                             forests below 200-m elevation in Sri                     Smith et al. (2001, entire), where                    irrigation that resulted in an abundant
                                             Lanka’s dry and intermediate zones                       Poecilotheria fasciata colonized a                    prey base for the species. The P. fasciata
                                             north of Colombo and is also sometimes                   coconut plantation following a                        population in the plantation was
                                             found in coconut plantations in this                     prolonged drought. While P. fasciata in               apparently established in the 1980s and
                                             region (Nanayakkara 2014a, p. 96;                        dry and intermediate zone forests,                    persisted until at least 2000 (Smith et al.
                                             Nanayakkara 2014b, unpublished data;                     including those surrounding the                       2001, pp. 49, 52).
                                             Smith et al. 2001, entire). The species                  coconut plantation, were found to be                     During recent surveys, P. fasciata
                                             has a broad but patchy distribution and                  emaciated and without spiderlings,                    were detected at nine locations—two in
                                             is estimated to occupy less than 500                     those in the irrigated plantation were                coconut plantations and seven in forest
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                                             km2 (193 mi2) of its range (MOE 2012,                    found to have spiderlings in their                    locations. Greater than 20 adults and
                                             p. 55; Smith et al. 2001, p. 48). The area,              retreats and wider abdomens. Smith et                 100 juveniles were found in coconut
                                             extent, or quality (or a combination                     al. argue that P. fasciata was able to                plantations, and greater than 30 adults
                                             thereof) of P. fasciata’s habitat is in                  colonize the plantation due to the                    and no juveniles were found in forest
                                             continuing decline, and the species is                   occurrence of P. fasciata in the adjacent             locations (Nanayakkara 2014b,
                                             categorized on the National Red List of                  remnant forest, the presence of coconut               unpublished data). Although no
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                                                                 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations                                           36761

                                             juveniles were detected in forest                        years, few individuals have been found                species’ preferred habitat is Manilkara
                                             habitats during these surveys, recent                    (Nanayakkara et al. 2013, pp. 73–74;                  hexandra (Palu) trees (Nanayakkara
                                             observations of P. fasciata juveniles in                 Gabriel et al. 2005, pp. 6–7). In 2005,               2014a, p. 106), a dominant canopy tree
                                             forest habitat have been reported                        three adult females and four spiderlings              species in Sri Lanka’s dry forest
                                             (Nanayakkara 2014a, p. 96;                               were reported in the Haragama, Kandy                  (Gunarathne and Perera 2014, p. 15). In
                                             Kumarasinghe et al. 2013, p. 10).                        district, an area described as severely               recent surveys, the species was found at
                                             Therefore, based on the observations of                  impacted by several anthropogenic                     4 locations, and 15 adults and 7
                                             Smith et al. described above, it is                      factors (Nanayakkara et al. 2013, p. 74;              juveniles of P. vittata were detected
                                             possible that the lack of juveniles                      Gabriel et al. 2005, pp. 6–7). During                 (Nanayakkara 2014b, unpublished data).
                                             detected in forests during recent surveys                surveys conducted in several areas of                 Poecilotheria vittata is estimated to
                                             was due to drought conditions during                     the country during 2003–2005, no P.                   occupy less than 500 km2 (193 mi2) of
                                             the survey period. As indicated above,                   smithi were found (Samarawckrama et                   its range (MOE 2012, p. 55), and the
                                             island-wide surveys for Poecilotheria                    al. 2005, entire). Finally, during recent             area, extent, or quality (or a combination
                                             were conducted during 2009–2012, and                     surveys, the species was found at two                 thereof) of the species’ habitat is
                                             droughts occurred in 2010 and 2012 in                    locations with seven adults and nine                  considered to be in continuing decline.
                                             the region in which P. fasciata occurs                   juveniles detected (Nanayakkara 2014b,                Poecilotheria vittata is categorized on
                                             (Integrated Regional Information                         unpublished data). Prior to these recent              the National Red List of Sri Lanka as
                                             Network 2012, unpaginated; Disaster                      surveys, the species was known only                   Endangered (MOE 2012, p. 55).
                                             Management Center, Sri Lanka 2010, p.                    from the Haragama, Kandy district.
                                                                                                                                                            Summary of Biological Status and
                                             12). However, while juveniles were                       However, the species was recently
                                                                                                                                                            Threats
                                             detected only in coconut plantations                     found about 31 km (19.3 mi) away from
                                             during these surveys, numbers found in                   Haragama, in three trees within a 5-km2                  The Act directs us to determine
                                             coconut and forest habitat cannot be                     (1.9-mi2) area of highly disturbed                    whether any species is an endangered
                                             directly compared because surveys were                   habitat (Nanayakkara et al. 2013, p. 74).             species or a threatened species because
                                             designed for determining distribution                      Poecilotheria smithi was estimated to               of any one or more of five factors or the
                                             rather than species abundance or                         occupy less than 10 km2 (3.9 mi2) of its              cumulative effects thereof: (A) The
                                             density. For instance, juveniles may be                  range (MOE 2012, p. 55) but a recently                present or threatened destruction,
                                             more difficult to detect in forest habitat               reported location in Matale district                  modification, or curtailment of its
                                             than in coconut plantations, or a greater                increases the known area of occupancy                 habitat or range; (B) Overutilization for
                                             area of coconut plantations may have                     by 5 km2 (1.9 mi2). The area, extent, or              commercial, recreational, scientific, or
                                             been searched compared to forest                         quality (or a combination thereof) of the             educational purposes; (C) Disease or
                                             habitat.                                                 species’ habitat is considered to be in               predation; (D) The inadequacy of
                                                                                                      continuing decline, and the species is                existing regulatory mechanisms; or (E)
                                             P. ornata                                                                                                      Other natural or manmade factors
                                                                                                      categorized on the National Red List of
                                                Poecilotheria ornata is found in the                  Sri Lanka as Critically Endangered                    affecting its continued existence. In this
                                             plains and hills of the lowland wet zone                 (MOE 2012, p. 55).                                    section, we summarize the biological
                                             in southwestern Sri Lanka (Nanayakkara                                                                         condition of the species and its
                                             2014a, pp. 112–113; Smith et al. 2002,                   P. subfusca                                           resources, and the influences on these to
                                             p. 90). It is one of the few solitary                      Poecilotheria subfusca occurs in the                assess the species’ overall viability and
                                             species in the genus (Nanayakkara                        wet zone of the central highlands of Sri              the risks to that viability.
                                             2014a, p. 112). In recent surveys, 23                    Lanka, in two disjunct regions: the                   Habitat Loss and Degradation
                                             adults and no juveniles were detected at                 montane region above 1,500-m elevation
                                             4 locations (Nanayakkara 2014b,                          in Nuwara Eliya and Badulla districts;                   Habitat loss and degradation are
                                             unpublished data). Poecilotheria ornata                  and at 500 to 600 m (1,640 to 1,968 ft)               considered primary factors negatively
                                             is estimated to occupy less than 500                     elevation in Kegalla, Kandy, and Matale               affecting Poecilotheria species
                                             km2 (193 mi2) of its range (MOE 2012,                    districts (Nanayakkara 2014a, pp. 101–                (Nanayakkara and Adikaram 2013, pp.
                                             p. 55), and the area, extent, or quality                 102, 116; Smith et al. 2002, entire).                 53–54; MOE 2012, p. 55; Molur et al.
                                             (or a combination thereof) of the                          During recent surveys, P. subfusca                  2008, pp. 1–2). Forest loss and
                                             species’ habitat is in continuing decline.               was found at 10 locations, and a total of             degradation are likely to negatively
                                             Poecilotheria ornata is categorized on                   25 adult and 56 juvenile P. subfusca                  impact the five species addressed in this
                                             the National Red List of Sri Lanka as                    were detected (Nanayakkara 2014b,                     rule in several ways. First, forest loss
                                             Endangered (MOE 2012, p. 55).                            unpublished data). The area of the range              and degradation directly eliminate or
                                                                                                      occupied by P. subfusca is less than 500              reduce the availability of trees required
                                             P. smithi                                                                                                      by Poecilotheria species for
                                                                                                      km2 (193 mi2) (MOE 2012, p. 55).
                                                Poecilotherai smithi is found in the                  Further, the area, extent, or quality (or             reproduction, foraging, and protection
                                             central highlands, in Kandy and Matale                   a combination thereof) of P. subfusca’s               (Samarawckrama et al. 2005, p. 76;
                                             districts (Nanayakkara et al. 2013, pp.                  habitat is in continuing decline                      Smith et al. 2002, entire). Second, due
                                             73–74). It was originally found in the                   throughout its range, and the species is              to the limited ability of Poecilotheria
                                             wet zone at mid elevations (Kirk 1996,                   categorized on the National Red List of               species to travel, as well as their
                                             p. 23), although it is described as a                    Sri Lanka as Endangered (MOE 2012, p.                 sedentary habits, forest loss and
                                             montane species (Jacobi 2005, entire;                    55).                                                  degradation are also likely to result in
                                             Smith et al. 2002, p. 92). Poecilotheria                                                                       direct mortality of individuals or
                                             smithi appears to be very rare                           P. vittata                                            populations, via physical trauma caused
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                                             (Nanayakkara et al. 2013, p. 73; Gabriel                   Poecilotheria vittata occurs in the                 by the activities that result in forest loss
                                             et al. 2005, p. 4) and is considered                     arid, dry, and intermediate zones of                  and degradation, or the intentional
                                             ‘‘highly threatened’’ (Nanayakkara et al.                Hambantota and Monaragala districts in                killing of these spiders when they are
                                             2013, p. 73). The species was described                  southeastern Sri Lanka (Kekulandala                   encountered by humans during these
                                             in 1996, and, despite several efforts to                 and Goonatilake 2015, unpaginated;                    activities (see Intentional Killing). Such
                                             locate the species during the past 20                    Nanayakkara 2014a, pp. 106–107). The                  mortality affects these species’


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                                             36762               Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations

                                             abundances and distributions, and also                   country in 2010 for an overall forest                 only about 733 km2 (283 mi2) and is
                                             their genetic diversity. Tarantulas have                 cover of 28.6 percent (GOSL 2012, p.                  severely fragmented (GOSL 2012, pp.
                                             highly structured populations (See                       51).                                                  51, 2a-3–142). The area remained
                                             Tarantula General Biology) and,                             The extent of deforestation differed in            relatively stable from 1992 to 2010 (81
                                             consequently, the loss of a local                        the three climate zones of the country.               FR 90307; GOSL 2012, p. 51). More
                                             population of a species—due to habitat                   The impacts of anthropogenic factors on               recent evidence indicates these forests
                                             loss or any other factor—equates to a                    forests in the wetter regions of the                  are currently declining: firewood
                                             loss of unique genetic diversity (Bond et                island have been more extensive due to                collection, cutting of trees for other
                                             al. 2006, p. 154, citing several sources).               the higher density of the human                       domestic purposes, and gem mining are
                                             Finally, the loss of forest also often                   population in these regions. The human                ongoing in these forests, and large areas
                                             results in fragmented habitat. Due to the                population density in the wet zone is                 were recently illegally cleared for
                                             limited dispersal ability of these                       650 people per km2 (1,684 per mi2)                    vegetable cultivation (Wijesundara
                                             species, forest fragmentation is likely to               compared to 170 people per km2 (440                   2012, p. 182). While these forests are
                                             isolate Poecilotheria populations, which                 per km2) in the dry zone and 329 per                  protected in Sri Lanka, administering
                                             increases their vulnerability to                         km2 (852 per mi2) nationally (GOSL                    agencies do not have sufficient
                                             stochastic processes (see Stochastic                     2012, p. 8). Currently about 13 percent               resources to prevent these activities
                                             Processes), and may also expose                          of the wet zone, 15 percent of the                    (Wijesundara 2012, p. 182).
                                             wandering males and dispersing                           intermediate zone, and 29 percent of the                 The area of lowland wet zone forests
                                             juveniles to increased mortality from                    dry zone are densely forested (Table 1).              (lowland rainforest) declined from 1992
                                             intentional killing or predation when                       Recent information on forest cover in
                                                                                                                                                            to 2010. Remaining lowland rainforests
                                             they attempt to cross between forest                     the different climate zones is provided
                                                                                                                                                            are severely fragmented, exist primarily
                                             fragments (Bond et al. 2006, p. 155) (see                in three reports (GOSL 2015, GOSL
                                                                                                                                                            as small, isolated patches, and declined
                                             Intentional Killing).                                    2012, and FAO 2015a), all of which
                                                                                                                                                            by 13% (183 km2)(71 mi2)) during the
                                                                                                      provide information from the Forest
                                             Deforestation                                            Department of Sri Lanka. One report                   18-year period, though the rate of loss
                                                                                                      (GOSL 2015) provides a map of the                     slowed considerably during the latter
                                                Forests covered almost the entire                     change in forest cover between 1992 and               half of this period (81 FR 90307, Table
                                             island of Sri Lanka a few centuries ago                  2010 and a qualitative assessment of                  4; GOSL 2012, p. 2a-3–142; Lindstrom et
                                             (Mattsson et al. 2012, p. 31). However,                  these changes. The others (GOSL 2012                  al. 2012, p. 681). Changes in forest cover
                                             extensive deforestation occurred during                  and FAO 2015a) provide quantitative                   show low levels of deforestation
                                             the British colonial period (1815–1948)                  information on the area of forest cover               throughout the lowland rainforest
                                             as a result of forest-clearing for                       by forest type for 1992, 1999, and 2010.              region from 1992 to 2010, and a
                                             establishment of plantation crops such                   These latter two reports differ slightly in           deforestation ‘‘hotspot’’ on the border of
                                             as tea and coffee, and also exploitation                 their presentation of information but                 Kalutara and Ratnapura districts, which
                                             for timber, slash-and-burn agriculture (a                contain identical data on natural forest              is within the range of P. ornata (Fig. 1,
                                             method of agriculture in which natural                   cover. However, the Forest Department                 Fig. 2) (GOSL 2015, unpaginated).
                                             vegetation is cut down and burned to                     of Sri Lanka used different rainfall                  Dry and Intermediate Zone Forests
                                             clear the land for planting), and land                   criteria to separate dry and intermediate
                                             settlement. In 1884, about midway                        zone forests, and different altitude                     Dry and intermediate zone forests,
                                             through the British colonial period,                     criteria to separate montane and                      which include most open-canopy forest
                                             closed-canopy (dense) forest covered 84                  submontane forests, in different years                (Mattsson et al. 2012, p. 30), declined by
                                             percent of the country and was reduced                   (see climate zone and forest definitions              8% (1,372 km2 (530 mi2)) between 1992
                                             to 44 percent by 1956 (GOSL 2012, p.                     in FAO 2015a, p. 6; GOSL 2012, p. 51;                 and 2010 (81 FR 90307, Table 4). The
                                             2a-3–145; Nanayakkara 1996, in Mattson                   FAO 2005, p. 7; FAO 2001, pp. 16, 53).                rate of deforestation nationwide during
                                             et al. 2012, p. 31). Deforestation                       Therefore, we combined the information                this period was highest in
                                             continued after independence as the                      on intermediate and dry zone forests,                 Anuradhapura and Moneragala districts,
                                             result of timber extraction, slash-and-                  and the information on montane and                    in which large portions of the ranges of
                                             burn agriculture, human settlements,                     submontane forests (see 81 FR 90307,                  P. fasciata and P. vittata occur (see Fig.
                                             national development projects, and                       Table 4). We discuss the information on               1, Fig. 2) (GOSL 2015, unpaginated).
                                             encroachment (GOSL 2012, pp. 2a-3–                       forest cover from the various sources by              Further, deforestation hotspots have
                                             144–145; Perera et al. 2012, p. 165). As                 climate zone below.                                   been found in other districts where
                                             a result, dense forest cover (canopy                                                                           these species occur, including Puttalam
                                             density greater than 70 percent)                         Wet Zone Forest                                       and Hambantota (GOSL 2015,
                                             declined by half in about 50 years, to 22                   Wet zone forests in Sri Lanka are                  unpaginated). Natural regeneration of
                                             percent in 2010 (GOSL 2012, pp. 51, 2a-                  categorized as montane, submontane, or                dry forest species is poor, and dry zone
                                             3–145; Nanayakkara 1996, in Mattson et                   lowland forest, based on elevation. Very              forests are heavily degraded as a result
                                             al. 2012, p. 31). Open-canopy forest                     little wet zone forest remains in Sri                 of activities such as frequent shifting
                                             (canopy density less than 70 percent)                    Lanka. Currently, montane and                         cultivation and timber logging (Perera
                                             covered an additional 6.8 percent of the                 submontane forests combined covers                    2012, p. 165, citing several sources).
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                                                                        Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations                                                                                        36763

                                              TABLE 1—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 81 FR 90302,
                                                 TABLE 2 AND GOSL 2012, P. 51
                                                                                                                                                                                                   Area covered with
                                                                                                                                                                                                     dense (canopy                       Proportion
                                                                                                                                                                                                   cover greater than                  (percent) with
                                                                                      Climate zones of Sri Lanka                                                                 Area 1 (km2)          70 percent)                         dense
                                                                                                                                                                                                   closed-canopy for-                     forest 2
                                                                                                                                                                                                    est 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 81 FR 90302, Table 2, and a total land area of 65,610 km2.
                                                2 Original extent of forest cover is unknown. However, each zone was likely close to 100% forested because dense forest covered 84% of the
                                             island in 1884, following several decades of deforestation.
                                                3 Figure is for dry monsoon forest and riverine forest. It does not include mangrove forests.




                                             Forest Conservation Measures                                              55, 2a-3–148–150). For instance, lack of                            results in an increasing demand in the
                                                Sri Lanka has taken steps in recent                                    financial assistance for protected area                             country for land for subsistence
                                             decades to conserve its forests, and                                      management, increasing demand for                                   (Lindstrom et al. 2012, p. 680; GOSL
                                             these efforts have contributed to the                                     land, and unplanned, after-the-fact                                 2011, unpaginated).
                                             slowing of deforestation in the country                                   legalization of land encroachments,                                    The current drivers of deforestation
                                             (GOSL 2012, pp. 54–55). In 1990, the                                      result in further loss of the forest habitat                        and forest degradation are exacerbated
                                             country imposed a moratorium on                                           of the five species addressed in this                               by high economic returns from illicit
                                             logging in all natural forests, marked                                    finding (GOSL 2014, p. 22; GOSL 2011,                               land conversions, lack of alternative
                                             most reserve boundaries to stem                                           unpaginated). Also, government                                      livelihood opportunities for those
                                             encroachments, and implemented                                            agencies have poor coordination with                                practicing slash-and-burn agriculture
                                             management plans for forest and                                           respect to forest conservation—                                     and, in the dry zone, poverty and the
                                             wildlife reserves, which became legal                                     conservation agencies are not always                                weak implementation of land-use policy
                                             requirements under the Forest                                             adequately consulted on initiatives to                              (GOSL 2012, pp. 14–15). Further, in the
                                             Ordinance Amendment Act No. 65 of                                         develop forested land (GOSL 2014, p.                                30 years prior to 2009, Sri Lanka was
                                             2009 and the Fauna and Flora                                              22; MOE 2010, p. 31). Finally, many                                 engaged in a civil war, which was
                                             Ordinance Amendment Act No. 22 of                                         protected areas within the wet zone are                             fought primarily in the dry zone of the
                                             2009 (GOSL 2014, p. 26). The                                              small, degraded, and isolated (GOSL                                 northern and eastern regions of the
                                             government also encourages community                                      2014, p. 31).                                                       country, many areas of which were
                                             participation in forest and protected                                                                                                         inaccessible. The war, along with a
                                                                                                                       Current and Future Forest Trends
                                             area management, has implemented                                                                                                              reduced rate of development in the
                                             programs to engage residents in                                              The current drivers of deforestation                             country as a whole during this period,
                                             community forestry to reduce                                              and forest degradation in Sri Lanka                                 may have helped limit deforestation
                                             encroachment of cash crops and tea in                                     include a variety of factors such as                                rates (GOSL 2012, pp. 48, 56–57).
                                             the wet zone and slash-and-burn                                           small-scale encroachments, illicit timber                              Overall, deforestation and forest
                                             agriculture in the dry zone, and                                          harvesting, forest fires, destructive                               degradation in Sri Lanka are ongoing,
                                             encourages use of non-forest lands and                                    mining practices, and clearing of forest                            although recent rates of deforestation
                                             private woodlots for meeting the                                          for developments, settlements, and                                  are much lower than during the mid- to
                                             demands for wood and wood products                                        agriculture (GOSL 2012, p. 12). These                               late-20th century—the rate of
                                             (GOSL 2014, p. 26). In addition to these                                  stressors are exacerbated by a large,                               deforestation during 1992–2010 was 71
                                             efforts, between 12 percent (GOSL 2015,                                   dense human population that is                                      km2 (27.4 mi2) per year, compared to
                                             unpaginated) and 28 percent (GOSL                                         projected to increase from 20.7 million                             400 km2 (154 mi2) per year during
                                             2014, pp. xvi, 23) of the country’s land                                  in 2015 to 21.5 million in 2030 (United                             1956–1992 (GOSL 2015, unpaginated).
                                             area is reported to be under protected                                    Nations 2015, p. 22). While the majority                            However, since the end of Sri Lanka’s
                                             area status.                                                              of remaining forested areas are                                     civil war in 2009, the government has
                                                Although considerable efforts have                                     protected, further population growth is                             been implementing an extensive 10-year
                                             been undertaken in Sri Lanka in recent                                    likely to result in reduction of forested                           development plan with the goal of
                                             years to stop deforestation and forest                                    areas because (1) Sri Lanka already has                             transforming the country into a global
                                             degradation, these processes are ongoing                                  a very high human density (329 people                               economic and industrial hub
                                             (see Current and Future Forest Trends).                                   per km2 (852 per mi2)), (2) increases in                            (Buthpitiya 2013, p. ii; Central Bank of
                                             The assessment of the status of natural                                   the population will elevate an already                              Sri Lanka 2012, p. 67; Ministry of
                                             forests during the Species Red List                                       high demand for land, and (3) little non-                           Finance and Planning–Sri Lanka
                                             assessments in 2012 indicate that,                                        forested land is available for expansion                            (MOFP) 2010, entire). The plan includes
                                             despite advances in forest conservation                                   of housing, development, cash crops, or                             large infrastructure projects throughout
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                                             in the country, many existing threats                                     subsistence agriculture (GOSL 2012, pp.                             the country (MOFP 2010, entire).
                                             continue to impact forest habitats                                        8, 14, 58). Most (72%) of the population                            Projects include, among other things,
                                             (GOSL 2014, p. 26). While laws and                                        of Sri Lanka is rural, dependence on                                development of seaports, airports,
                                             regulations are in place to address                                       agriculture for subsistence is                                      expressways, railways, industrial parks,
                                             deforestation, several factors inhibit                                    widespread, and the rate of population                              power plants, and water management
                                             their implementation (GOSL 2012, pp.                                      growth is higher in rural areas. This                               systems that will allow for planned


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                                             36764               Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations

                                             expansion of agriculture, and many of                    increases their vulnerability to                      is likely currently having significant
                                             these projects have already started                      stochastic processes (see Stochastic                  negative impacts on the viability of
                                             (Buthpitiya 2013, pp. 5–6; Central Bank                  Processes), and may also expose                       these species because: (1) These species
                                             of Sri Lanka 2012, p. 67; MOFP 2010,                     wandering males and dispersing                        have very small distributions; (2) little
                                             entire). They also include projects                      juveniles to increased mortality from                 forest remains in Sri Lanka; (3)
                                             located within the ranges of all five                    intentional killing or predation when                 remaining habitat is fragmented; and (4)
                                             species addressed in this finding,                       they attempt to cross between forest                  deforestation is ongoing within these
                                             although the plan does not provide the                   fragments (Bond et al. 2006, p. 155) (see             species’ ranges.
                                             amount of area that will be impacted by                  Intentional Killing). Thus, even though
                                                                                                                                                            Pesticides
                                             these projects (Fig. 2 and MOFP 2010,                    P. fasciata uses coconut plantations to
                                             pp. 63, 93, 101, 202–298). For example,                  some extent, fragmentation of this                       Pesticides are identified as a threat to
                                             a new dam project within the range of                    habitat is likely to isolate populations              Poecilotheria species in Sri Lanka
                                             P. smithi will submerge one of the two                   and increase their vulnerability to                   (Nanayakkara 2014b, unpublished data;
                                             sites at which the species is found                      stochastic processes, intentional killing,            Gabriel 2014, unpaginated). The five
                                             (Nanayakkara 2017, unpaginated). The                     and predation.                                        species addressed in this finding could
                                             rate of loss of natural forest (primary                                                                        potentially be exposed to pesticides via
                                                                                                      Summary                                               pesticide drift into forests that are
                                             forest and other naturally regenerated
                                             forest) increased from 60 km2 (23 mi2)                      Sri Lanka has lost most of its forest              adjacent to crop-growing areas; by
                                             per year during 2000–2010 to 86 km2                      cover due to a variety of factors over the            traveling over pesticide-treated land
                                             (33 mi2) per year during 2010–2015                       past several decades. Very little (1,966              when dispersing between forest patches;
                                             (FAO 2015b, pp. 44, 50). As post-war                     km2 (759 mi2)) wet zone forest—in                     or by consuming prey that have been
                                             reconstruction and development                           which the ranges of P. ornata, P. smithi,             exposed to pesticides. Populations of
                                             continues in Sri Lanka, deforestation                    and P. subfusca occur—remains in the                  these species could potentially be
                                             and forest degradation can be expected                   country. The remainder is highly                      directly affected by pesticides through
                                             to rise (GOSL 2012, p. 2a–3–146).                        fragmented and continues to be                        increased mortality or through sublethal
                                                                                                      deforested. Only about 35 percent                     effects such as reduced fecundity,
                                             Coconut Plantations                                      (16,872 km2 (6,514 mi2)) of dense and                 fertility, and offspring viability, and
                                                Coconut is grown throughout Sri                       open canopy dry and intermediate zone                 changes in sex ratio, behavior, and
                                             Lanka. Most (57 percent) of the area                     forests—in which the ranges of P.                     dispersal (Nash et al. 2010, p. 1694,
                                             under coconut cultivation is in the                      fasciata and P. vittata occur—remain,                 citing several sources). Poecilotheria
                                             intermediate and wet zones north of                      deforestation in these forests is ongoing,            species may also be indirectly affected
                                             Colombo (MOE 2011, p. 14), which                         and recent rates of deforestation in the              by pesticides if pesticides reduce or
                                             overlaps with the southern portion of                    country have been highest in regions                  deplete available prey species.
                                             the range of P. fasciata. As indicated                   constituting large portions of the ranges                Over 100 pesticide (herbicide,
                                             above, P. fasciata are sometimes found                   of these two species. Forest cover                    fungicide, and insecticide) active
                                             in coconut plantations in Sri Lanka,                     continues to decline at a rate of 86 km2              ingredients are registered for use in Sri
                                             although the extent to which coconut                     (33 mi2) per year, and the rate of loss is            Lanka. Among the most commonly used
                                             plantations contribute to sustaining                     higher in the dry zone than the wet                   insecticides are carbofuran, diazinon,
                                             viable populations of these species is                   zone. While the current rate of forest                and chloropyrifos (Padmajani et al.
                                             unknown. The ability of coconut                          loss is much lower than in the previous               2014, pp. 11–12). These are broad-
                                             plantations to contribute to conservation                century, the rate of loss of natural forest           spectrum, neurotoxic insecticides,
                                             of P. fasciata is limited because: (1)                   is increasing and is anticipated to                   which tend to have very negative effects
                                             Tarantulas are poor dispersers (see                      increase in the future with the country’s             on nontarget organisms (Pekar 2013, p.
                                             Tarantula General Biology); (2)                          emphasis on development and the                       415). Further, sit-and-wait predators
                                             colonization of coconut plantations by                   projected population increase of                      appear to be more sensitive to
                                             the species appears to depend on the                     800,000 people. While coconut                         insecticide applications than web-
                                             occurrence of occupied natural forest in                 plantations provide additional habitat                making spiders (Pekar 1999, p. 1077).
                                             relatively close proximity to coconut                    for one species (P. fasciata) in some                    The use of pesticides in Sri Lanka has
                                             plantations (Smith et al. 2001, entire);                 areas, these plantations are becoming                 been increasing steadily since the 1950s
                                             and (3) very little natural forest remains               increasingly fragmented due to demand                 (Selvarajah and Thiruchelvam 2007, p.
                                             in the coconut-growing region in which                   for housing.                                          381). Pesticide imports into Sri Lanka
                                             P. fasciata occurs (Fig. 2 and GOSL                         Tarantulas have sedentary habits,                  increased by 50 percent in 2011
                                             2015, unpaginated; MOE 2014, p. 94).                     limited dispersal ability, and highly                 compared to 2006 (Padmajani et al.
                                                The aerial extent of coconut                          structured populations. Therefore, loss               2014, p. 11). The level of misuse and
                                             cultivation in Sri Lanka has varied                      of habitat has likely resulted in direct              overuse of pesticides in Sri Lanka is
                                             between about 3,630 and 4,200 km2                        loss of individuals or populations and,               high. Depending on region and crop
                                             (1,402 and 1,622 mi2) since 2005                         consequently, a reduction in the                      species, 33 to 60 percent of Sri Lankan
                                             (Central Bank of Sri Lanka 2014,                         distribution and genetic diversity of                 farmers use greater amounts, higher
                                             Statistical Appendix, Table 13), with no                 these species. The distribution of these              concentrations, or more frequent
                                             clear directional trend. However, due to                 species is already limited—each                       applications of pesticides (or a
                                             the rising human population and                          currently occupies less than 500 km2                  combination of these) than is
                                             resulting escalating demand for land in                  (193 mi2) or, for P. smithi, less than 10             recommended (Padmajani et al. 2014,
                                             Sri Lanka, plantations have become                       to 15 km2 (3.9 to 5.8 mi2) of its range—
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                                                                                                                                                            pp. 13, 31, citing several sources).
                                             increasingly fragmented due to                           and deforestation continues within the                   The susceptibility of spiders to the
                                             conversion of these lands to housing                     ranges of all five species discussed in               direct effects of different pesticides
                                             (GOSL 2014, pp. 26–27). As indicated                     this finding. Further, the limited                    varies with pesticide type and
                                             above, due to their limited dispersal                    distribution of these species is likely               formulation, spider species,
                                             ability, forest fragmentation is likely to               continuing to decline with ongoing loss               development stage, sex, and abiotic and
                                             isolate Poecilotheria populations, which                 of habitat. We conclude that habitat loss             biotic conditions at the time of pesticide


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                                                                 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations                                           36765

                                             application (Pekar 2013, pp. 416–417).                   Poecilotheria, are ectotherms; therefore,             al. 2007, in Eriyagama et al. 2010, p. 6).
                                             Further, different classes of pesticides                 their body temperature varies with that               Downscaled projections for Sri Lanka
                                             can cause different sublethal effects. For               of their environment. While spiders                   using regional climate models report
                                             instance, activities such as movement,                   keep body temperature within tolerable                increases of 2.0 to 4.0 °C (3.6 to 7.2 °F)
                                             prey capture, reproduction,                              limits through behaviors such as moving               by 2100, while statistical downscaling
                                             development, and defense are                             into shade when temperatures rise (Pulz               of global climate models report
                                             particularly disrupted by neurotoxic                     1987, pp. 27, 34–35), they are                        increases of 0.9 to 3 °C (1.62 to 5.4 °F)
                                             formulations because they are governed                   susceptible to rapid fluctuations in body             by 2100 and 1.2 to 1.3 °C (2.16 to
                                             by complex neural interactions.                          temperature and severe depletion of                   2.34 °F) by 2050 (Eriyagama et al. 2010,
                                             However, spiders can potentially                         body water stores due to their relatively             p. 6, citing several sources).
                                             recover from sublethal effects over                      low body mass and high surface-to-                       Trends in rainfall have been
                                             several days (Pekar 2013, p. 417),                       volume ratio (Pulz 1987, p. 27).                      decreasing in Sri Lanka over the past
                                             although the effects are complicated by                     Tropical ectotherms evolved in an                  several decades (see De Costa 2008, p.
                                             the potential for cumulative effects of                  environment of relatively low inter- and              87; De Silva et al. 2007, p. 21, citing
                                             multiple applications across a season                    intra-annual climate variability, and                 several sources) although, according to
                                             (Nash et al. 2010, p. 1694).                             already live near their upper thermal                 the Climate Change Secretariat of Sri
                                                We are not aware of any information                   limits (Settele et al. 2014, p. 301;                  Lanka (2015, p. 19), there is no
                                             on the population-level effects of                       Deutsch et al. 2008, p. 6669). Their                  consensus on this fact. However,
                                             pesticides on Poecilotheria species.                     capacity to acclimate is generally low.               authors appear to agree that the
                                             However, given the large proportion of                   They have small thermal safety margins,               intensity and frequency of extreme
                                             Sri Lanka’s human population that is                     and small amounts of warming may                      events such as droughts and floods have
                                             reliant on farming, the high level of                    decrease their ability to perform basic               increased (Imbulana et al. 2016 and
                                             misuse and overuse of pesticides in the                  physiological functions such as                       Ratnayake and Herath 2005, in Climate
                                             country, and the broad-spectrum and                      development, growth, and reproduction                 Change Secretariat of Sri Lanka 2015, p.
                                             high level of toxicity of the insecticides               (Deutsch et al. 2008, pp. 6668–6669,                  19).
                                             commonly used in the country, it is                      6671). Evidence also indicates they may                  Rainfall in Sri Lanka is highly
                                             likely that the species addressed in this                have low potential to increase their                  variable from year to year, across
                                             finding are directly or indirectly                       resistance to desiccation (drying out)                seasons and across locations within any
                                             negatively affected by pesticides to                     (Schilthuizen and Kellerman 2014, p.                  given year (Jayatillake et al. 2005, p. 70).
                                             some extent. Therefore, while the                        61, citing several sources).                          Statistically significant declines in
                                             population-level effects of pesticides on                   The general trend in temperature in                rainfall have been observed for the
                                             the five species addressed in this                       Sri Lanka over the past several decades               period 1869–2007 at Anuradhapura in
                                             finding are uncertain, the effects of                    is that of increasing temperature,                    the northern dry zone (12.92 mm (0.51
                                             pesticides likely exacerbate the effects                 although with considerable variation                  in) per decade), and Badulla, Kandy,
                                             of other threats acting on these species.                between locations in rates and                        and Nuwara Eliya (19.16, 30.50, and
                                                                                                      magnitudes of change (De Costa 2008, p.               51.60 mm (0.75, 1.20, and 2.03 in) per
                                             Climate Change                                           87; De Silva et al. 2007, p. 21, citing               decade, respectively) in the central
                                                The Intergovernmental Panel on                        several sources). Over the six to ten                 highlands (De Costa 2008, p. 77).
                                             Climate Change (IPCC) concluded that                     decades prior to 2007, temperatures                   Significant declines have also been
                                             warming of the climate system is                         have increased within all climate zones               observed in more recent decades at
                                             unequivocal (IPCC 2013, p. 4).                           of the country, although rates of                     Kurunegala in western Sri Lanka’s
                                             Numerous long-term climate changes                       increase vary from 0.065 °C (0.117 °F)                intermediate zone (120.57 mm (4.75 in)
                                             have been observed including changes                     per decade in Ratnapura (an increase of               per decade during 1970–2007) and
                                             in land surface temperatures,                            0.65 °C (1.17 °F) during the 97-year                  Ratnapura (41.02 mm (1.61 in) per
                                             precipitation patterns, ocean                            period analyzed) in the lowland wet                   decade during 1920–2007) (De Costa
                                             temperature and salinity, sea ice extent,                zone, to 0.195 °C (0.351 °F) per decade               2008, p. 77). Further, a significant trend
                                             and sea level (IPCC 2013, pp. 4–12).                     in Anuradhapura (an increase of 1.50 °C               of decreasing rainfall with increasing
                                             Various types of changes in climate can                  (2.70 °F) during the 77-year period                   temperature exists at Anuradhapura,
                                             have direct or indirect effects on                       analyzed) in the dry zone. In the                     Kurunegala, and Nuwara Eliya (De Costa
                                             species. These effects may be positive,                  montane region, temperatures increased                2008, pp. 79–81). Patterns of future
                                             neutral, or negative and they may                        at a rate of 0.141 °C (0.254 °F) per                  rainfall in the country are highly
                                             change over time, depending on the                       decade at Nuwara Eliya to 0.191 °C                    uncertain—studies provide variable and
                                             species and other relevant                               (0.344 °F) per decade at Badulla                      conflicting projections (Eriyagama et al.
                                             considerations, such as the effects of                   (increases of 1.09 and 1.47 °C (1.96 and              p. 6, citing several sources). However,
                                             interactions of climate with other                       2.65 °F) during the 77-year period                    an increased frequency of dry periods
                                             variables (e.g., habitat fragmentation)                  analyzed, respectively) (De Costa 2008,               and droughts are expected (MOE 2010,
                                             (IPCC 2007, pp. 8–14, 18–19). However,                   p. 68). The rate of warming has                       p. 35).
                                             a large fraction of terrestrial and                      increased in more recent years—overall                   While observed and projected changes
                                             freshwater species face increased                        temperature in the country increased at               in temperature and precipitation could
                                             extinction risk under projected climate                  a rate of 0.003 °C (0.005 °F) per year                potentially be within the tolerance
                                             change during and beyond the current                     during 1896–1996, 0.016 °C (0.029 °F)                 limits of the Poecilotheria species
                                             century, especially as climate change                    per year during 1961–1990, and 0.025                  addressed in this finding, it is possible
                                                                                                      °C (0.045 °F) per year during 1987–1996               that climate change could directly
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                                             interacts with habitat modification and
                                             other factors such as overexploitation,                  (Eriyagama et al. 2010, p. 2, citing                  negatively affect these species through
                                             pollution, and invasive species (Settele                 several sources). Depending on future                 rising land surface temperatures,
                                             et al. 2014, p. 275).                                    climate scenarios, temperatures are                   changes in the amount and pattern of
                                                Maintenance of body temperature and                   projected to increase by 2.93 to 5.44 °C              precipitation, and increases in the
                                             water retention by spiders is critical to                (5.27 to 9.49 °F) by the end of the                   frequency and intensity of extreme
                                             their survival. All spiders, including                   current century in South Asia (Cruz et                climate events such as heat waves or


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                                             36766               Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations

                                             droughts. It is also possible that climate               States co-sponsored a proposal to                     107). Collectors then sell the collected
                                             change could indirectly negatively affect                include the genus in Appendix II of the               specimens or their offspring to
                                             these species by adversely impacting                     Convention on International Trade in                  hobbyists who captive-rear the species
                                             populations of their insect prey, which                  Endangered Species of Wild Fauna and                  and provide the pet trade with captive-
                                             are also tropical ectotherms. The only                   Flora (CITES) (Government of Sri Lanka                bred specimens (Gabriel 2014,
                                             detailed observations of a Sri Lankan                    and Government of the United States                   unpaginated; Molur et al. 2006, p. 16).
                                             Poecilotheria species indicated that P.                  2000, entire). However, at the 11th                   Thus, more individuals are likely to be
                                             fasciata found in natural forest were                    Conference of the Parties, the proposal               captured from the wild during the
                                             emaciated and without spiderlings                        was criticized as containing too little               period in which captive-breeding stocks
                                             during an extended drought, while                        information on international trade and                are being established, in other words,
                                             those found in an irrigated plantation                   on the limits of the distribution of the              prior to the species becoming broadly
                                             had wider girths and spiderlings (see                    genus. It was further noted that the                  available in trade (Gabriel 2014,
                                             Species-Specific Information) (Smith et                  genus was primarily threatened by                     unpaginated).
                                             al. 2001, entire). The lack of                           habitat destruction, and was not                         All five of the endemic Sri Lankan
                                             reproduction in natural forest during                    protected by domestic legislation in                  species addressed in this rule are bred
                                             drought may have been due to                             India. Also, the delegation of Sri Lanka              by hobbyists and vendors and are
                                             desiccation stress or lack of available                  promised to list the genus in Appendix                available in the pet trade as captive-bred
                                             prey, or both, as a result of low moisture               III if the proposal failed. No consensus              individuals in the United States,
                                             levels.                                                  was reached on the proposal and a vote                Europe, and elsewhere (see Herndon
                                                While at least one of the species                     failed to achieve the required two-thirds             2014, pers. comm.; Elowsky 2014,
                                             addressed in this finding (P. fasciata)                  majority—there were 49 votes in favor,                unpaginated; Gabriel 2014, unpaginated;
                                             appears to be vulnerable to drought, the                 30 against, and 27 abstentions—and the                Longhorn 2014a, unpaginated;
                                             responses of the five Poecilotheria                      proposal was therefore rejected                       Longhorn 2014b, unpaginated;
                                             species to observed and projected                        (Convention on International Trade in                 Mugleston 2014, unpaginated; Service
                                             climate change in Sri Lanka are largely                  Endangered Species of Wild Fauna and                  2012, in litt.). We are not aware of any
                                             unknown. However, the climate in Sri                     Flora 2000, p. 50). None of the five                  information on numbers of these species
                                             Lanka has already changed considerably                   species addressed in this rule are                    in domestic trade within the United
                                             in all climate zones of the country, and                 currently listed in the CITES                         States or numbers solely in foreign trade
                                             continues to change at an increasing                     Appendices (Convention on                             outside the United States. The Service’s
                                             rate. These species evolved in specific,                 International Trade in Endangered                     Law Enforcement Management
                                             relatively stable climates and, because                  Species of Wild Fauna and Flora 2017,                 Information System contains
                                             they are tropical ectotherms, may be                     p. 48).                                               information on U.S. international trade
                                             sensitive to changing environmental                         Collection of Poecilotheria specimens              in three of these species—P. fasciata, P.
                                             conditions, particularly temperature and                 from the wild could have significant                  ornata, and P. vittata (it does not
                                             moisture (Deutsch et al. 2008, pp. 6668–                 negative impacts on Poecilotheria                     currently collect information on P.
                                             6669; Schilthuizen and Kellerman 2014,                   populations. Due to the patchy                        smithi or P. subfusca). Four hundred
                                             pp. 59–61, citing several sources).                      distributions and poor dispersal abilities            individuals of these species were legally
                                             Moreover, because they have poor                         of tarantulas, collection of several                  imported into, or exported or re-
                                             dispersal ability, Peocilotheria are                     individuals from a single location could              exported from, the United States during
                                             unlikely to be able to escape changing                   potentially reduce the abundance or                   2007–2012; 298 were imported into, and
                                             climate conditions via range shifts.                     distribution of a species, especially                 106 were exported or re-exported from,
                                             Therefore, while population-level                        those with restricted distributions                   the United States.
                                             responses of the five species addressed                  (Molur et al. 2006, p. 14; West et al.                   Captive-bred individuals appear to
                                             in this finding to observed and projected                2001, unpaginated). Further, because                  supply the majority of the current legal
                                             changes in climate are not certain, the                  tarantula populations are highly                      trade in these species in the United
                                             stress imposed on these species by                       structured, loss of individuals from a                States. Of the 400 individuals legally
                                             increasing temperatures and changing                     single location could result in                       imported into, or exported or re-
                                             patterns of precipitation is likely                      significant loss of that species’ genetic             exported from, the United States during
                                             exacerbating the effects of other factors                diversity (Bond 2006, p. 154). Collection             2007–2012, 392 (98 percent) were
                                             acting on these species such as                          of a relatively large number of                       declared as captive-bred (Service 2012,
                                             stochastic events and habitat loss and                   individuals from a single population                  in litt.). However, wild individuals of at
                                             degradation. This is especially the case                 could also alter population                           least some of these species are still
                                             for P. fasciata because (1) the frequency                demographics such that the survival of                being collected (Nanayakkara 2014a, p.
                                             and intensity of droughts have increased                 a species or population is more                       86; Nanayakkara 2014b, unpublished
                                             and are expected to continue increasing,                 vulnerable to the effects of other factors,           data; Service 2012, in litt.). Two sources
                                             (2) the species fails to reproduce in                    such as habitat loss.                                 indicate that there is evidence of illegal
                                             natural forest during extended droughts,                    Collection of species from the wild for            smuggling from Sri Lanka, although
                                             and (3) although P. fasciata is also                     trade often begins when a new species                 they do not provide details (see
                                             known to inhabit irrigated coconut                       is described or when a rare species has               Nanayakkara 2014, p. 85;
                                             plantations, most populations have been                  been rediscovered. Alerted to a new or                Samarawckrama et al. 2005, p. 76).
                                             found in natural forest.                                 novel species, collectors arrive at the               Further, of the 400 individuals of Sri
                                                                                                      reported location and set out collecting              Lankan Poecilotheria imported into, or
                                             Trade
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                                                                                                      the species from the wild (Molur et al.               exported or re-exported from, the
                                                Poecilotheria species are popular in                  2006, p. 15; Stuart et al. 2006, entire).             United States during 2007–2012, 8 P.
                                             trade due to their striking coloration and               For tarantulas, adult females may be                  vittata were declared as wild-caught. It
                                             large size (Nanayakkara 2014a, p. 86;                    especially vulnerable to collection                   is possible that additional wild-caught
                                             Molur et al. 2006, p. 23). In 2000,                      pressures as collectors often attempt to              individuals of the five species addressed
                                             concerned about increasing trade in                      capture females, which produce young                  in this rule were (or are) not included
                                             these species, Sri Lanka and the United                  that can be sold (Capannini 2003, p.                  in this total because they are imported


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                                                                 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations                                         36767

                                             into the United States illegally, or                     more likely to be encountered by                      vulnerability to random demographic
                                             imported into other countries. For                       people. Consequently, intentional                     fluctuations or natural catastrophes can
                                             example, some wild-caught specimens                      killing could potentially reduce the                  be further magnified by synergistic
                                             are imported into Europe (Merzlak 2017,                  density of males in an area. Because the              interactions with other threats.
                                             unpaginated; Corcoran, 2016,                             mating of a female depends on a male                     P. smithi is known from very few
                                             unpaginated), although specific                          finding her, and males search for                     widely dispersed locations and is likely
                                             information on this activity is not                      females randomly, a reduction in the                  very rare (see Species-Specific
                                             available.                                               density of males could result in a                    Information). Therefore, it is highly
                                                Sri Lanka prohibits the commercial                    reduction in the percent of females                   likely that P. smithi is extremely
                                             collection and exportation of all                        laying eggs in any given year (Stradling              vulnerable to stochastic processes and
                                             Poecilotheria species, under the Sri                     1994, p. 96) and, consequently, a lower               that the species is highly likely
                                             Lanka Flora and Fauna Protection                         population growth rate.                               negatively impacted by these processes.
                                             (Amendment) Act, No. 22 of 2009,                            We do not have any information on                  The remaining four species have narrow
                                             which is part of the Fauna and Flora                     the number of individuals of these five               ranges within specific climate zones of
                                             Protection Ordinance No. 2 (1937) (DLA                   species that are intentionally killed by              Sri Lanka. It is unclear whether the
                                             Piper 2015, p. 392; Government of Sri                    people. However, in areas where these                 range sizes of these four are so small
                                             Lanka and Government of the United                       species occur, higher human densities                 that stochastic processes on their own
                                             States 2000, p. 5). However,                             are likely to result in higher human                  are likely to have significant negative
                                             enforcement is weak and influenced by                    contact with these species and,                       impacts on these species. However,
                                             corruption (DLA Piper 2015, p. 392;                      consequently, higher numbers of spiders               stochastic processes may have negative
                                             GOSL 2012, p. 2a–3–149).                                 killed. The human population density                  impacts on these species in combination
                                                In sum, individuals of at least some of               in Sri Lanka is much higher in the wet                with other factors such as habitat loss,
                                             these species are currently being                        zone (see Habitat Loss and                            because habitat loss can further
                                             collected from the wild. However, the                    Degradation). Therefore, it is likely that            fragment and isolate populations.
                                             extent to which this activity is occurring               P. ornata, P. smithi, and P. subfusca are
                                             is unknown, as is the extent to which                                                                          Determinations
                                                                                                      affected by intentional killing more than
                                             these species have been, or are being,                   P. fasciata and P. vittata. Although we                  Section 4 of the Act (16 U.S.C. 1533),
                                             affected by collection. Based on the                     do not have any information indicating                and its implementing regulations at 50
                                             available information on U.S. imports,                   the numbers of individuals of these                   CFR part 424, set forth the procedures
                                             exports, and re-exports, a small amount                  species that are intentionally killed each            for adding species to the Federal Lists
                                             of trade occurs in wild specimens of                     year, it is likely that such killing is               of Endangered and Threatened Wildlife
                                             these species. However, it is likely that                exacerbating the negative effects of other            and Plants. Under section 4(a)(1) of the
                                             more wild specimens enter Europe or                      factors on these species’ populations,                Act, we determine whether a species
                                             Asia than the United States due to the                   such as habitat loss and degradation.                 meets the definition of a ‘‘threatened
                                             closer proximity of Sri Lanka to Europe                                                                        species’’ or an ‘‘endangered species’’
                                             and Asia and consequent increased ease                   Stochastic (Random) Events and                        because of any one or more of the
                                             of travel and transport of specimens.                    Processes                                             following five threat factors or the
                                             Further, even small amounts of                              Species endemic to small regions, or               cumulative effects thereof: (A) The
                                             collection of species with small                         known from few, widely dispersed                      present or threatened destruction,
                                             populations can have a negative impact                   locations, are inherently more                        modification, or curtailment of its
                                             on these species. Given that collection                  vulnerable to extinction than                         habitat or range; (B) Overutilization for
                                             of at least some of these species from the               widespread species because of the                     commercial, recreational, scientific, or
                                             wild continues to occur, it is likely that               higher risks from localized stochastic                educational purposes; (C) Disease or
                                             collection for trade is exacerbating                     (random) events and processes, such as                predation; (D) The inadequacy of
                                             population effects of other factors                      floods, fire, landslides, and drought                 existing regulatory mechanisms; or (E)
                                             negatively impacting these species, such                 (Brooks et al. 2008, pp. 455–456;                     Other natural or manmade factors
                                             as stochastic events, habitat loss, and                  Mangel and Tier 1994, entire; Pimm et                 affecting its continued existence.
                                             habitat degradation.                                     al. 1988, p. 757). These problems can be                 We have carefully assessed the best
                                                                                                      further magnified when populations are                scientific and commercial information
                                             Intentional Killing                                      very small, due to genetic bottlenecks                available on P. fasciata, P. ornata, P.
                                               Poecilotheria spiders are feared by                    (reduced genetic diversity resulting                  subfusca, P. smithi, and P. vittata. While
                                             humans in Sri Lanka and, as a result, are                from fewer individuals contributing to                information on species abundance or
                                             usually killed when encountered                          the species’ overall gene pool) and                   population dynamics is not available on
                                             (Kekulandala and Goonatilake 2015,                       random demographic fluctuations                       these species, the best available
                                             unpaginated; Nanayakkara 2014a, p. 86;                   (Lande 1988, pp. 1455–1458; Pimm et                   information indicates these species’
                                             Gabriel 2014, unpaginated; Smith et al.                  al. 1988, p. 757). Species with few                   populations have experienced extensive
                                             2001, p. 49). Intentional killing of                     populations, limited geographic area,                 declines in the past and their
                                             Poecilotheria spiders may negatively                     and a small number of individuals face                populations continue to decline.
                                             impact these five species by raising                     an increased likelihood of stochastic                 Tarantulas have limited dispersal ability
                                             mortality rates in these species’                        extinction due to changes in                          and sedentary habits; therefore, the loss
                                             populations to such an extent that                       demography, the environment, genetics,                of habitat (Factor A) likely results in
                                             populations decline or are more                          or other factors, in a process described              direct loss of individuals or populations
                                             vulnerable to the effects of other factors,              as an extinction vortex (a mutual                     and, consequently, a reduction in the
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                                             such as habitat loss. Adult male                         reinforcement that occurs among biotic                distribution of the species. As a result,
                                             Poecilotheria are probably more                          and abiotic processes that drives                     the extensive loss of forest (71 percent
                                             vulnerable to being intentionally killed                 population size downward to                           in the dry zone, 85 percent in the
                                             because they wander in search of                         extinction) (Gilpin and Soule´ 1986, pp.              intermediate zone, and 87 percent in the
                                             females during the breeding season (see                  24–25). The negative impacts associated               wet zone) has reduced the amount of
                                             Tarantula General Biology) and thus are                  with small population size and                        habitat where the species may remain,


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                                             36768               Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations

                                             and their populations will likely                           Based on the factors described above               throughout every portion of its range
                                             continue to decline with ongoing                         and their impacts on P. fasciata, P.                  and an analysis of whether there is any
                                             deforestation. Further, because these                    ornata, P. smithi, P. subfusca, and P.                significant portion of the range that may
                                             species likely have highly structured                    vittata, we find the following factors to             be in danger of extinction or likely to
                                             populations, reductions in these                         be threats to these species (i.e., factors            become so would not result in a
                                             species’ populations have likely                         contributing to the risk of extinction of             different outcome.
                                             resulted in coincident loss of these                     these species): Loss of habitat (Factor A;            Available Conservation Measures
                                             species’ unique genetic diversities,                     all five species), stochastic processes
                                             eroding the adaptive and evolutionary                    (Factor E; P. smithi), and the cumulative                Conservation measures provided to
                                             potential of these species (Bond 2006, p.                effects (Factor E; all five species) of               species listed as endangered or
                                             154).                                                    these and other threats including                     threatened under the Act include
                                                All five Sri Lankan Poecilotheria                     climate change, intentional killing,                  recognition of conservation status,
                                             species have restricted ranges within                    pesticide use, and capture for the pet                requirements for Federal protection, and
                                             specific regions and climates of Sri                     trade. Furthermore, despite laws in                   prohibitions against certain practices.
                                             Lanka and are currently estimated to                     place to protect these five species and               Recognition through listing encourages
                                             occupy areas of less than 500 km2 (193                   the forest and other habitat they depend              and results in public awareness and
                                             mi2), and less than 10–15 km2 (4–6 mi2)                  on, these threats continue (Factor D), in             conservation actions by Federal and
                                             for P. smithi. Due to the life-history                   part due to lack of resources and                     State governments in the United States,
                                             traits of tarantulas—restricted range,                   challenges to enforcement. We consider                foreign governments, private agencies
                                             sedentary habits, poor dispersal ability,                the risk of extinction of these five                  and groups, and individuals.
                                                                                                      species to be high because these species                 Section 7(a) of the Act, as amended,
                                             and structured populations—these
                                                                                                                                                            and as implemented by regulations at 50
                                             species are vulnerable to habitat loss.                  are vulnerable to habitat loss, this
                                                                                                                                                            CFR part 402, requires Federal agencies
                                             Extensive habitat loss (Factor A) has                    process is ongoing, and these species
                                                                                                                                                            to evaluate their actions that are to be
                                             already occurred in all the climate zones                have limited potential to recolonize
                                                                                                                                                            conducted within the United States or
                                             in which these species occur, and                        reforested areas or move to more
                                                                                                                                                            upon the high seas, with respect to any
                                             deforestation is ongoing in the country.                 favorable climate. We find that P.
                                                                                                                                                            species that is listed as an endangered
                                             Further, the cumulative effects of                       fasciata, P. ornata, P. smithi, P.
                                                                                                                                                            or threatened species. Because P.
                                             changing climate, intentional killing,                   subfusca, and P. vittata are presently in
                                                                                                                                                            fasciata, P. ornata, P. smithi, P.
                                             pesticides, capture for the pet trade, and               danger of extinction throughout their
                                                                                                                                                            subfusca, and P. vittata are not native to
                                             stochastic processes are likely                          ranges based on the likely severity and
                                                                                                                                                            the United States, no critical habitat is
                                             significantly exacerbating the effects of                immediacy of threats currently                        being designated with this rule.
                                             habitat loss.                                            impacting these species, and we are                   Regulations implementing the
                                                Therefore, for the following reasons                  listing these five tarantula species as               interagency cooperation provision of the
                                             we conclude populations of P. fasciata,                  endangered in accordance with sections                Act are codified at 50 CFR part 402.
                                             P. ornata, P. subfusca, P. smithi, and P.                3(6) and 4(a)(1) of the Act. We find that             Section 7(a)(2) of the Act requires
                                             vittata have been and continue to be                     a threatened species status is not                    Federal agencies to ensure that activities
                                             significantly reduced to the extent that                 appropriate for these species because of              they authorize, fund, or carry out are not
                                             the viability of each of these five species              their restricted ranges, limited                      likely to jeopardize the continued
                                             is significantly compromised:                            distributions, and vulnerability to                   existence of a listed species or to
                                                (1) These species are closely tied to                 extinction and because the threats are                destroy or adversely modify its critical
                                             their habitats, little of their forest habitat           ongoing throughout their ranges at a                  habitat. If a proposed Federal action
                                             remains, deforestation is ongoing in                     level that places these species in danger             may adversely affect a listed species, the
                                             these habitats, and these species are                    of extinction now, even without the                   responsible Federal agency must enter
                                             vulnerable to habitat loss;                              worsening of the threats, that, as                    into formal consultation with the
                                                (2) these species’ have poor dispersal                discussed above, is likely.                           Service. Currently, with respect to P.
                                             ability, are unlikely to be able to escape                  Under the Act and our implementing                 fasciata, P. ornata, P. smithi, P.
                                             changing climate conditions via range                    regulations, a species may warrant                    subfusca, and P. vittata, no Federal
                                             shifts, and Sri Lanka’s climate is                       listing if it is endangered or threatened             activities are known that would require
                                             changing at increasing rates;                            throughout all or a significant portion of            consultation.
                                                (3) the cumulative effects of climate                 its range. Because we have determined                    Section 8(a) of the Act authorizes the
                                             change, intentional killing, pesticides,                 that P. fasciata, P. ornata, P. smithi, P.            provision of limited financial assistance
                                             capture for the pet trade, and stochastic                subfusca, and P. vittata are endangered               for the development and management of
                                             processes are likely significantly                       throughout all of their ranges, we do not             programs that the Secretary of the
                                             exacerbating the effects of habitat loss;                need to conduct an analysis of whether                Interior determines to be necessary or
                                             and                                                      there is any significant portion of their             useful for the conservation of
                                                (4) P. smithi is known from few                       ranges where these species are in danger              endangered or threatened species in
                                             locations, is likely rare, and very likely               of extinction or likely to become so in               foreign countries. Sections 8(b) and 8(c)
                                             vulnerable to stochastic processes.                      the foreseeable future. This is consistent            of the Act authorize the Secretary to
                                                The Act defines an endangered                         with the Act because when we find that                encourage conservation programs for
                                             species in section 3(6) of the Act as any                a species is currently in danger of                   foreign listed species, and to provide
                                             species that is ‘‘in danger of extinction                extinction throughout all of its range                assistance for such programs, in the
                                             throughout all or a significant portion of               (i.e., meets the definition of an
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                                                                                                                                                            form of personnel and the training of
                                             its range’’ and a threatened species in                  endangered species), the species is                   personnel.
                                             section 3(20) of the Act as any species                  experiencing high-magnitude threats                      Section 9 of the Act and our
                                             that is ‘‘likely to become an endangered                 across its range or threats are so high in            implementing regulations at 50 CFR
                                             species within the foreseeable future                    particular areas that they severely affect            17.21 set forth a series of general
                                             throughout all or a significant portion of               the species across its range. Therefore,              prohibitions that apply to all
                                             its range.’’                                             the species is in danger of extinction                endangered wildlife. These


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                                                                 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations                                         36769

                                             prohibitions, in part, make it illegal for               the prohibitions, which are found in                  synonymy, identifying P. pederseni as a
                                             any person subject to the jurisdiction of                sections 9 and 10 of the Act.                         synonym of P. vittata. Therefore, in this
                                             the United States to ‘‘take’’ (which                                                                           final rule we retain the taxonomy
                                                                                                      Summary of Comments and
                                             includes harass, harm, pursue, hunt,                                                                           provided in our proposed rule.
                                                                                                      Recommendations                                          (2) Comment: The peer reviewer
                                             shoot, wound, kill, trap, capture, or
                                             collect; or to attempt any of these)                       In the proposed rule published on                   indicated that our conclusions regarding
                                             endangered wildlife within the United                    December 14, 2016 (81 FR 90297), we                   the effects of climate change and
                                             States or upon the high seas. It is also                 requested that all interested parties                 pesticides on these species are
                                             illegal to possess, sell, deliver, carry,                submit written comments on the                        speculative because no studies have
                                             transport, or ship any such wildlife that                proposal by February 13, 2017. We also                been conducted on the effects of these
                                             has been taken illegally. In addition, it                contacted appropriate scientific experts              factors on Poecilotheria species. The
                                             is illegal for any person subject to the                 and organizations, and other interested               peer reviewer also indicates that
                                             jurisdiction of the United States to                     parties and invited them to comment on                Poecilotheria are unlikely to come in
                                             import; export; deliver, receive, carry,                 the proposal. We did not receive any                  direct contact with pesticides because
                                             transport, or ship in interstate or foreign              requests for a public hearing. All                    they live in forests, which are not
                                             commerce, by any means whatsoever                        substantive information provided                      generally sprayed, and are nocturnal so
                                             and in the course of commercial                          during comment periods has either been                are not active when spraying occurs.
                                             activity; or sell or offer for sale in                   incorporated directly into this final                 The peer reviewer indicates that studies
                                             interstate or foreign commerce any                       determination or is addressed below.                  on spiders in agroecosystems show
                                             listed species. Certain exceptions apply                 Peer Reviewer Comments                                spiders that do not have direct contact
                                             to employees of the Service, the                                                                               with pesticides survive. However, the
                                                                                                         In accordance with our peer review                 peer reviewer did not provide any new
                                             National Marine Fisheries Service, other                 policy published on July 1, 1994 (59 FR
                                             Federal land management agencies, and                                                                          information or evidence supporting her
                                                                                                      34270), we solicited expert opinion                   assertions.
                                             State conservation agencies.                             from four knowledgeable individuals                      Our response: While no studies have
                                                We may issue permits to carry out                     with scientific expertise that included               been carried out specifically assessing
                                             otherwise prohibited activities                          familiarity with Poecilotheria species or             the effects of stress factors on any
                                             involving endangered wildlife under                      other tarantulas, their habitats and                  Poecilotheria species, the Act requires
                                             certain circumstances. No permit is                      biological needs, and stressors acting on             that we make our determination of
                                             required for activities that do not                      their populations. We received                        species status based on the best
                                             constitute prohibited acts. Regulations                  responses from two of the peer                        scientific and commercial data available
                                             governing permits for endangered                         reviewers from whom we requested                      at the time of our rulemaking. In
                                             species are codified at 50 CFR 17.22.                    comments. One did not review the rule                 conducting our assessment of the
                                             With regard to endangered wildlife, a                    but provided additional information                   statuses of these species, we reviewed
                                             permit may be issued for the following                   regarding a threat to the habitat of P.               all relevant information available to us,
                                             purposes: For scientific purposes, to                    smithi, and we have incorporated this                 including information submitted to us
                                             enhance the propagation or survival of                   information into this final rule. The                 following the initiation of the 12-month
                                             the species, and for incidental take in                  second peer reviewer supported our                    status reviews for these species. We
                                             connection with otherwise lawful                         determinations based on our assessment                subsequently based our conclusions
                                             activities. The Service may also register                of some threats, but disagreed with our               regarding the factors affecting these five
                                             persons subject to the jurisdiction of the               assessment of others. This peer reviewer              species on the best available
                                             United States through its captive-bred-                  also provided a technical correction                  information. We acknowledged in our
                                             wildlife (CBW) program if certain                        pertaining to our physical description of             proposed rule that the population-level
                                             established requirements are met under                   Poecilotheria species, and we have                    effects of climate change and pesticides
                                             the CBW regulations. 50 CFR 17.21(g).                    incorporated this information into this               on these species are uncertain.
                                             Through a CBW registration, the Service                  final rule.                                           However, as indicated in our proposed
                                             may allow a registrant to conduct                           We reviewed all comments received                  rule, the best available information
                                             certain otherwise prohibited activities                  from the peer reviewers for substantive               indicates that these stressors are likely
                                             under certain circumstances to enhance                   and new information regarding the                     negatively affecting these species, either
                                             the propagation or survival of the                       listing of the five species addressed in              directly or indirectly, to some extent.
                                             affected species: Take; export or re-                    this rule. Peer reviewer comments are                 Consequently, it is reasonable to
                                             import; deliver, receive, carry, transport               addressed in the following summary                    conclude, as we did in our proposed
                                             or ship in interstate or foreign                         and incorporated into the final rule as               rule, that pesticides and climate change
                                             commerce, in the course of a                             appropriate.                                          likely exacerbate the effects of other
                                             commercial activity; or sell or offer for                   (1) Comment: Citing the taxonomic                  stressors acting on these species.
                                             sale in interstate or foreign commerce. A                revision done by Gabriel et al. (2013,                Therefore, because we based our
                                             CBW registration may authorize                           entire), and the World Spider Catalog,                conclusions on the best available
                                             interstate purchase and sale only                        the peer reviewer states that P. vittata is           information, and the peer reviewer
                                             between entities that both hold a                        not endemic to Sri Lanka, but rather that             provided no evidence or new
                                             registration for the taxon concerned.                    P. vittata was synonymized with the                   information for our review, we did not
                                             The CBW program is available for                         Indian species P. striata and recently                revise our conclusions regarding the
                                             species having a natural geographic                      removed from this synonymy.                           effects of climate change or pesticides
                                             distribution not including any part of                      Our response: Gabriel et al. (2013,
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                                                                                                                                                            on these five species.
                                             the United States and other species that                 entire) not only remove P. vittata from                  We cannot assess the studies to which
                                             the Director has determined to be                        synonymy with the Indian species P.                   the reviewer refers regarding the effects
                                             eligible by regulation. The individual                   striata, but also show P. vittata to be the           of pesticides on spiders because the
                                             specimens must have been born in                         senior synonym of P. pederseni.                       reviewer did not provide copies of these
                                             captivity in the United States. There are                Further, the World Spider Catalog                     studies or the citations for them.
                                             also certain statutory exemptions from                   (2017, unpaginated) recognizes this                   Further, while we agree that some


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                                             36770               Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations

                                             members of these species’ populations                    provided no new information. A few                    available. In doing so, we reviewed all
                                             are unlikely to have direct contact with                 other commenters claimed, more                        information available to us on these
                                             pesticides, we do not agree that is the                  generally, that we used outdated                      species, including information
                                             case for all members, particularly those                 references or erroneous information, or               submitted to us by the public following
                                             inhabiting fragmented forests or                         misrepresented the findings of cited                  initiation of our 12-month status
                                             remnant forest patches. As indicated in                  authors. However, these commenters                    reviews for these species. This included
                                             our proposed rule, these species could                   also provided no new references or                    information and dozens of articles from
                                             be exposed to pesticides via pesticide                   information supporting their claims.                  hobbyist publications. Further, we cited
                                             drift into forests that are adjacent to                     Our Response: The Act requires that                several of these sources in our proposal
                                             crop-growing areas, by traveling over                    we use the best available scientific and              and retained these citations in this final
                                             pesticide treated land when dispersing                   commercial data to determine if a                     rule.
                                             between forest patches, or by consuming                  species meets the definition of a                        (3) Comment: Some commenters
                                             prey that have been exposed to                           ‘‘threatened species’’ or an ‘‘endangered             believe that we inaccurately suggested
                                             pesticides (see Pesticides). Also, the                   species’’ because of any one or a                     in our proposed rule that all captive-
                                             most commonly used insecticides in Sri                   combination of the five factors found in              bred specimens of these species have
                                             Lanka—carbofuran, chlorpyrifos, and                      section 4(a)(1) of the Act. This analysis             limited value to the conservation of
                                             diazinon—can remain active in the                        includes an analysis of the extent to                 these species—that all are inbred,
                                             environment for days after application                   which captive-held members of a                       maladapted to conditions in the wild, or
                                             (Kamrin 1997, in Christensen et al.                      species create or contribute to threats to            hybridized—and that we did not
                                             2009, unpaginated; Karmin 1997, in                       the species (for example, by fueling                  acknowledge the knowledge and good
                                             Harper et al. 2009, unpaginated; U.S.                    trade) or the extent to which captive-                practices of reputable breeders. A few
                                             National Library of Medicine 1995, in                    held members of a species remove or                   suggest that genetic tests could
                                             EXTOXNET 1996, unpaginated).                             reduce threats to the species by                      determine which captives could
                                             Therefore, these five species could be                   contributing to the conservation of the               potentially be useful for a conservation
                                             directly and negatively affected by these                species (for example, by providing                    breeding program.
                                             pesticides after spraying occurs. They                   specimens for population augmentation
                                                                                                                                                               Our Response: We appreciate the
                                             could also be indirectly affected by                     or reintroduction). In conducting our
                                                                                                                                                            level of knowledge and care taken by
                                             pesticides through consumption of                        analysis, we reviewed all relevant
                                                                                                                                                            reputable hobbyists when breeding
                                             contaminated prey, or reduction or                       information available to us on these
                                                                                                                                                            these species. However, we
                                             depletion of prey populations. Taken                     species, including information
                                                                                                                                                            acknowledged the uncertainties
                                             together, and considering the extent of                  submitted to us following the initiation
                                                                                                                                                            pertaining to the levels of inbreeding
                                             pesticide use and misuse in the country,                 of the 12-month status reviews for these
                                                                                                                                                            and hybridization in pet trade
                                             it is likely that the five species                       species. We based our proposed rule,
                                                                                                                                                            specimens in our proposed rule by
                                             addressed in this rule are directly or                   including the discussion and
                                                                                                                                                            indicating that captive individuals of
                                             indirectly negatively affected by                        conclusions regarding captive
                                                                                                      Poecilotheria, on the best scientific and             these species ‘‘may be inbred or
                                             pesticides to some extent and that these
                                                                                                      commercial data available to us at the                maladapted to conditions in the wild’’
                                             effects likely exacerbate the effects of
                                                                                                      time of our proposed rule. In addition,               and ‘‘likely include an unknown
                                             other threats acting on these species.
                                                                                                      we reviewed all comments and                          number of hybrids’’ (see Captive
                                             Public Comments                                          information submitted by the public and               Poecilotheria). Further, as indicated
                                                We received 115 public comments on                    peer reviewers during the public                      above, we have revised the section on
                                             the proposed listing of these species,                   comment period for our proposed rule                  captive Poecilotheria to clarify the bases
                                             most from people involved in the                         and base this final rule on the best                  of our conclusions. With respect to
                                             tarantula hobby as owners, breeders, or                  available information.                                determining the genetic appropriateness
                                             sellers. We reviewed all comments                           Although some commenters provided                  of captive specimens for conservation
                                             received from the public for substantive                 anecdotal observations of captive                     via genetic testing, the Act requires us
                                             issues and new information regarding                     specimens to support their assertions                 to make our decision based on the best
                                             the listing of the five species addressed                regarding the effects of inbreeding and               available information at the time we
                                             in this rule. Public comments are                        maladaptation in captive specimens, or                make our decision, and we are not
                                             addressed in the following summary                       the ability of captive specimens to adapt             aware of any genetic studies on any
                                             and incorporated into the final rule as                  to climate conditions, observations of                individuals of these species, captive or
                                             appropriate. A few commenters                            health or survivability in captive                    wild. Even if such information existed,
                                             provided new information on                              conditions are not informative to                     we have no information indicating that
                                             Poecilotheria biology or trade, and we                   predicting health or survivability in                 pet trade specimens are contributing to
                                             have incorporated this information into                  wild conditions because selection                     the conservation of these species in the
                                             the corresponding sections of this rule.                 pressures in the wild differ greatly from             wild, for instance, as part of a
                                                (1) Comment: Several commenters                       those in captivity. Therefore, in this                reintroduction program. Therefore, we
                                             questioned certain information in our                    final rule we did not change any of our               have not changed our conclusions
                                             proposed rule. Several claimed that we                   conclusions on these topics. However,                 regarding captive specimens of these
                                             inaccurately characterized the degree or                 we revised the section on Captive                     species.
                                             effects (or both) of inbreeding or                       Poecilotheria to clarify the bases of our                (4) Comment: A few commenters
                                             maladaptation in captive specimens of                    conclusions.                                          assert that the extent of hybridization of
                                             these species. Another questioned our                                                                          these species in the pet trade is likely
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                                                                                                         (2) Comment: A few commenters
                                             assessment of the ability of these species               suggested that we did not consider the                low because tarantula hobbyists are
                                             to adapt to changing climate in Sri                      knowledge or efforts of hobbyists in our              strongly opposed to hybridization of
                                             Lanka. Many of these commenters cited                    proposal.                                             species, and because breeders can
                                             their own anecdotal observations of                         Our Response: As required by the Act,              distinguish between species of adult
                                             captive specimens to support their                       we based our determinations on the best               specimens and take care not to cross-
                                             claims while the remaining commenters                    scientific and commercial information                 breed them.


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                                                                 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations                                           36771

                                                Our Response: Again, we appreciate                    wild. However, we acknowledge that                    species as explained in response to
                                             the level of knowledge and care taken                    some pet trade specimens could                        comments below. We recommend that
                                             by reputable hobbyists when breeding                     potentially contribute to the                         breeding records be maintained to show
                                             these species. However, because (1)                      conservation of these species in the wild             parentage.
                                             genetic studies have not been conducted                  if, for example, they became part of a                   (7) Comment: Several commenters
                                             on any of these species, (2) evidence                    genetically managed conservation                      requested we exempt captive-bred
                                             indicates that hybrids do occur in the                   breeding program. Persons seeking to                  specimens and their offspring from
                                             hobby, (3) hybridization may not be                      engage in otherwise prohibited activities             possession and interstate sales
                                             visually apparent in captive individuals,                with endangered wildlife for scientific               regulations, allowing ownership and
                                             and (4) the lineages of pet trade                        purposes or to enhance the propagation                interstate trade of these species to occur
                                             specimens of these species are not                       or survival of these species may seek                 without obtaining a permit under the
                                             documented, the extent of hybridization                  authorization from the Service (see                   Act.
                                             in any particular captive specimen—be                    Available Conservation Measures).                        Our Response: Because we
                                             it high, low, or nonexistent—is                             We also have no information                        determined that all five of these species
                                             unknown.                                                 indicating that current or future                     meet the definition of an ‘‘endangered
                                                (5) Comment: Several commenters                       education or research efforts are being               species’’ under the Act, section 9(a)(1)
                                             believe that captive-bred specimens in                   conducted or planned with captive-bred                of the Act and our implementing
                                             the pet trade are beneficial or necessary                pet trade specimens of these species for              regulations at 50 CFR 17.21 set forth a
                                             to the conservation of these species.                    conservation purposes, or any evidence                series of general prohibitions that apply
                                             They believe captive-bred specimens                      that populations in the wild are                      to all members of each of these species,
                                             provide a safety net for these species to                benefiting from current education or                  whether captive or wild. The
                                             prevent extinction, increase public                      research efforts using captive-bred pet               prohibitions cannot be revised through
                                             awareness, provide for education and                     trade specimens. The best scientific and              a regulation under section 4(d) of the
                                             research, supply zoos, and take the                      commercial data available indicate that               Act, because such regulations apply to
                                             collection pressure off wild populations                 as of September 2017 there were only 19               threatened species. The Act also does
                                             by fulling the demand for these species                  specimens in captivity in zoos                        not allow for captive-bred specimens of
                                             as pets. Two commenters assert that                      worldwide (11 P. fasciata, 1 P. ornata,               these listed species to be assigned
                                             these species are not in danger of                       2 P. vitatta, 5 P. subfusca) (Species360              separate legal status from their wild
                                             extinction because many exist in                         2017, unpaginated).                                   counterparts. However, no permit is
                                             captivity.                                                  With respect to trade, certain                     required for activities that do not
                                                Our Response: The goal of the Act is                  prohibitions, certain exceptions, and                 constitute prohibited acts. As noted in
                                             survival and recovery of endangered                      other conservation measures established               response to comments below, the Act
                                             and threatened species and the                           through the Act are available for                     does not prohibit captive breeding of
                                             ecosystems on which they depend.                         endangered species upon listing (see                  listed species and also does not prohibit
                                             Therefore, when analyzing threats to a                   Available Conservation Measures).                     a number of activities related to captive
                                             species, we focus our analysis on threats                Therefore, they are provided by law to                breeding, such as ownership.
                                             acting upon its survival in the wild,                    fulfill the purposes and policy of the                Furthermore, we may authorize
                                             generally within the native range of the                 Act. The effects of legal trade of a                  otherwise prohibited activities for
                                             species. In our assessment of the status                 species on wild populations and market                scientific purposes or to enhance the
                                             of a species, the extent to which captive-               demand for that species is a complex                  propagation or survival of these species,
                                             held members of a species create or                      phenomenon influenced by a variety of                 in accordance with the Act and our
                                             contribute to threats to the species (for                factors (Bulte and Damania 2005, entire;              regulations (see Available Conservation
                                             example, by fueling trade) or the extent                 Fischer 2004, entire), and we are not                 Measures).
                                             to which captive-held members of a                       aware of any evidence indicating that                    (8) Comment: Several commenters
                                             species remove or reduce threats to the                  the pet trade of captive-bred specimens               suggested that, rather than list these
                                             species by contributing to the                           of these species are benefitting wild                 species as endangered species under the
                                             conservation of the species in the wild                  populations.                                          Act, we instead take another action such
                                             (for example, by providing specimens                        (6) Comment: One commenter                         as: List them in a CITES Appendix, list
                                             for population augmentation or                           expressed concern that listing these                  them as threatened species with a
                                             reintroduction) is part of the analysis we               species as endangered would likely                    section 4(d) rule that allows interstate
                                             conduct under section 4(a)(1) of the Act                 result in their extinction due to forcing             trade, do not list them at all, or focus on
                                             to determine if the species meets the                    breeders to stop breeding unless they                 ameliorating threats within these
                                             definition of an endangered species or a                 apply for a permit. The commenter also                species’ native ranges rather than on
                                             threatened species. Further, the Act                     indicated that specimens possessed by                 regulating domestic trade.
                                             requires that we make our decision                       hobbyists that are unable to be used in                  Our Response: When we receive a
                                             based on the best scientific and                         repopulation efforts would not fall                   petition to list a species under the Act,
                                             commercial data available at the time                    under the protections of the Act because              we are required to make a determination
                                             our decision is made. As indicated in                    they are ‘‘unpure specimens’’.                        as to whether that species meets the
                                             our proposed rule, we are not aware of                      Our Response: As explained in                      Act’s definition of a threatened species
                                             any existing conservation programs for                   response to comments below, captive                   or an endangered species. We are
                                             these species or information indicating                  breeding and many activities related to               required to do this based solely on the
                                             that pet trade specimens contribute to                   captive breeding are not prohibited                   best scientific and commercial data
                                                                                                      under the Act. Persons seeking to                     available, as it relates to the five listing
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                                             the viability of these species within
                                             their native ranges in the wild, and have                engage in activities that are not                     factors in section 4(a)(1) of the Act.
                                             clarified this in revisions to the Captive               prohibited under the Act do not need a                When we determine that a species meets
                                             Poecilotheria section of this rule. We                   permit under the Act. While we are not                the Act’s definition of a threatened
                                             also determined that pet trade                           certain how this commenter defines                    species or endangered species, we must
                                             specimens likely hold limited value to                   ‘‘unpure’’, the protections of the Act                list that species accordingly under the
                                             the conservation of these species in the                 apply to all members of these five                    Act. We determined that these species


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                                             36772               Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations

                                             meet the definition of endangered                        regardless of whether a species is native             exemption or permit under the Act shall
                                             species, and as such we must list them                   to the United States. The protections of              have the burden of proving that the
                                             as endangered species. The Act and our                   the Act include prohibitions on certain               exemption or permit is applicable, has
                                             regulations provide prohibitions and                     activities including import, export, take,            been granted, and was valid and in force
                                             other conservation measures that apply                   and certain commercial activity in                    at the time of an alleged violation.
                                             to all endangered species as described                   interstate or foreign commerce (see                   While the Service may have information
                                             above (see Available Conservation                        Available Conservation Measures). By                  available to it that may assist in making
                                             Measures). Because we found that                         regulating these activities, the Act helps            required determinations prior to
                                             listing these species as endangered is                   to ensure that people under the                       authorizing otherwise prohibited
                                             warranted, not listing them is not an                    jurisdiction of the United States do not              activities with listed species, the burden
                                             option. We also cannot list them as                      contribute to the further decline of                  is on the applicant to provide necessary
                                             threatened species with a section 4(d)                   listed species.                                       information for the Service to issue a
                                             rule because we found that they are                         (11) Comment: Several commenters                   permit.
                                             endangered, not threatened species.                      raise concerns that listing would
                                             Furthermore, because we found them                       provide a disincentive to captive-                    Required Determinations
                                             warranted for listing, not listing them is               breeding these species.                               National Environmental Policy Act (42
                                             not feasible. Finally, CITES has a                          Our Response: It is not our intention              U.S.C. 4321 et seq.)
                                             different process and set of criteria for                to cause difficulties for breeders of these
                                             listing species in the CITES Appendices                  species or a decline in the pool of                      We have determined that
                                             that is independent of listing under the                 captive-held specimens. The Act does                  environmental assessments and
                                             Act. The portion of the comment                          not prohibit or ‘‘ban’’ captive breeding              environmental impact statements, as
                                             suggesting a CITES listing is outside the                of listed species. The Act also does not              defined under the authority of the
                                             scope of this agency action to consider                  prohibit a number of activities related to            National Environmental Policy Act
                                             whether these species should be listed                   captive breeding. For example,                        (NEPA; 42 U.S.C. 4321 et seq.), need not
                                             as endangered species under the Act.                     ownership, possession, or keeping of a                be prepared in connection with listing
                                                (9) Comment: One commenter asked                      listed species that was legally acquired              a species as an endangered or
                                             how to acquire a permit for exemption                    and not taken in violation of the Act is              threatened species under the
                                             from the prohibitions of the Act and                     not prohibited by the Act—nor is                      Endangered Species Act. We published
                                             how often permits need to be renewed.                    interstate transport of animals that are              a notice outlining our reasons for this
                                                Our Response: Information regarding                   not for sale, not offered for sale, or not            determination in the Federal Register
                                             permits for activities related to these                  transported in the course of a                        on October 25, 1983 (48 FR 49244).
                                             five species can be obtained at our                      commercial activity. Further, while the               References Cited
                                             International Affairs program website at                 Act prohibits harassment of listed
                                             https://www.fws.gov/international/.                      species (via the definition of ‘‘take’’),               A complete list of references cited in
                                                (10) Comment: Several commenters                      our regulations specify that, when                    this rulemaking is available on the
                                             believe that trade in these species has                  captive animals are involved,                         internet at http://www.regulations.gov
                                             little or no effect on wild populations                  harassment does not include generally                 in Docket No. FWS–HQ–ES–2016–0076
                                             and provided various reasons,                            accepted animal husbandry practices                   and upon request from the Branch of
                                             including: They had never seen, or                       that meet or exceed AWA standards,                    Foreign Species, Ecological Services
                                             heard of others seeing, a wild-caught                    breeding procedures, or provisions of                 (see FOR FURTHER INFORMATION CONTACT).
                                             specimen; the captive stock is self-                     veterinary care for confining,                        Authors
                                             sustaining; wild-caught specimens are                    tranquilizing, or anesthetizing, when
                                             frowned upon in the hobby; and there                     such practices, procedures, or                          The primary authors of this final rule
                                             is no financial incentive for the trade of               provisions are not likely to result in                are the staff members of the Branch of
                                             wild-caught specimens. Others contend                    injury (see the definition of harass at 50            Foreign Species, Ecological Services,
                                             that listing and/or regulating trade in                  CFR 17.3). In addition, activities that do            Falls Church, VA.
                                             the United States is not necessary or                    not adversely affect these species, such              List of Subjects in 50 CFR Part 17
                                             useful because U.S. trade does not affect                as observations in behavioral research,
                                             wild populations and because the                         are not considered take. Activities that                Endangered and threatened species,
                                             primary threats to these species occur                   are not prohibited by the Act do not                  Exports, Imports, Reporting and
                                             outside U.S. jurisdiction, in Sri Lanka.                 require a permit under the Act.                       recordkeeping requirements,
                                                Our Response: Evidence shows that                        The protections of the Act for                     Transportation.
                                             wild-caught specimens of some of these                   endangered species include prohibitions               Regulation Promulgation
                                             species occur in trade (see Trade).                      on certain activities with any member of
                                             Although the amount of trade in wild-                    the listed species including import,                    Accordingly, we amend part 17,
                                             caught specimens in the United States                    export, take, and certain commercial                  subchapter B of chapter I, title 50 of the
                                             appears to be small, this does not mean                  activity in interstate or foreign                     Code of Federal Regulations, as set forth
                                             trade, or U.S. trade, has no, or even                    commerce (see Available Conservation                  below:
                                             little, effect on wild populations. As                   Measures). Permits may be issued to
                                             indicated in our proposed rule,                          carry out otherwise prohibited                        PART 17—ENDANGERED AND
                                             collection of small numbers of                           activities, for scientific purposes or to             THREATENED WILDLIFE AND PLANTS
                                             individuals of these species could                       enhance the propagation or survival of
                                                                                                                                                            ■ 1. The authority citation for part 17
                                             potentially have significant negative                    the species. For example, a permit could
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                                                                                                                                                            continues to read as follows:
                                             effects on wild populations of these                     potentially be issued for import or
                                             species. With respect to U.S.                            export of captive-bred specimens if the                 Authority: 16 U.S.C. 1361–1407; 1531–
                                             jurisdiction and the regulation of trade,                activity were determined to enhance the               1544; and 4201–4245; unless otherwise
                                                                                                                                                            noted.
                                             the Act requires the Service to                          propagation or survival of the species.
                                             determine if species qualify as                          Section 10(g) of the Act provides that                ■ 2. In § 17.11(h), add the following
                                             endangered or threatened species                         any person claiming the benefit of any                entries to the List of Endangered and


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                                                                     Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations                                                               36773

                                             Threatened Wildlife in alphabetical                              ■    c. Spider, Pedersen’s tiger;                             § 17.11 Endangered and threatened
                                             order under Arachnids:                                           ■    d. Spider, Smith’s tiger; and                            wildlife.
                                             ■ a. Spider, ivory ornamental tiger;                             ■    e. Spider, Sri Lanka ornamental tiger.                   *       *    *        *     *
                                             ■ b. Spider, ornate tiger;                                            The additions read as follows:                               (h) * * *

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


                                                         *                             *                           *                          *                        *                      *                     *
                                                              ARACHNIDS

                                                       *                    *                                  *                          *                       *                            *                  *
                                             Spider, ivory ornamental tiger ..........            Poecilotheria subfusca ........        Wherever found ...................     E            83 FR [Insert Federal Register
                                                                                                                                                                                               page where the document be-
                                                                                                                                                                                               gins], 7/31/2018.

                                                       *                          *                            *                          *                       *                            *                  *
                                             Spider, ornate tiger ..........................      Poecilotheria ornata .............     Wherever found ...................     E            83 FR [Insert Federal Register
                                                                                                                                                                                               page where the document be-
                                                                                                                                                                                               gins], 7/31/2018.
                                             Spider, Pedersen’s tiger ...................         Poecilotheria vittata .............    Wherever found ...................     E            83 FR [Insert Federal Register
                                                                                                                                                                                               page where the document be-
                                                                                                                                                                                               gins], 7/31/2018.
                                             Spider, Smith’s tiger .........................      Poecilotheria smithi .............     Wherever found ...................     E            83 FR [Insert Federal Register
                                                                                                                                                                                               page where the document be-
                                                                                                                                                                                               gins], 7/31/2018.

                                                      *                    *                                   *                          *                       *                            *                  *
                                             Spider, Sri Lanka ornamental tiger ..                Poecilotheria fasciata ..........      Wherever found ...................     E            83 FR [Insert Federal Register
                                                                                                                                                                                               page where the document be-
                                                                                                                                                                                               gins], 7/31/2018.

                                                         *                             *                           *                          *                        *                      *                     *



                                             *       *        *       *       *                               mammals incidental to the pier                                Purpose and Need for Regulatory
                                               Dated: May 29, 2018.                                           construction activities conducted at the                      Action
                                             James W. Kurth,                                                  Naval Submarine Base New London in                               This final rule establishes a
                                             Deputy Director, U.S. Fish and Wildlife
                                                                                                              Groton, Connecticut, over the course of                       framework under the authority of the
                                             Service, Exercising the Authority of the                         five years (2020–2025). These                                 MMPA (16 U.S.C. 1361 et seq.) to allow
                                             Director, U.S. Fish and Wildlife Service.                        regulations allow NMFS to issue a Letter                      for the authorization of take of marine
                                             [FR Doc. 2018–16359 Filed 7–30–18; 8:45 am]                      of Authorization (LOA) for the                                mammals incidental to the Navy’s
                                             BILLING CODE 4333–15–P
                                                                                                              incidental take of marine mammals                             construction activities related to marine
                                                                                                              during the specified construction                             structure maintenance and pile
                                                                                                              activities carried out during the rule’s                      replacement at a facility in Groton,
                                             DEPARTMENT OF COMMERCE                                           period of effectiveness, set forth the                        Connecticut.
                                                                                                              permissible methods of taking, set forth                         We received an application from the
                                             National Oceanic and Atmospheric                                 other means of effecting the least                            Navy requesting five-year regulations
                                             Administration                                                   practicable adverse impact on marine                          and authorization to take multiple
                                                                                                              mammal species or stocks and their                            species of marine mammals. Take
                                             50 CFR Part 217                                                  habitat, and set forth requirements                           would occur by Level A and Level B
                                                                                                              pertaining to the monitoring and                              harassment incidental to impact and
                                             [Docket No. 170908887–8622–02]
                                                                                                              reporting of the incidental take.                             vibratory pile driving. Please see
                                             RIN 0648–BH24                                                    DATES: Effective March 1, 2020 through                        ‘‘Background’’ below for definitions of
                                                                                                              February 28, 2025.                                            harassment.
                                             Taking and Importing Marine
                                                                                                              ADDRESSES: To obtain an electronic
                                             Mammals; Taking Marine Mammals                                                                                                 Legal Authority for the Proposed Action
                                             Incidental to U.S. Navy Pier                                     copy of the Navy’s LOA application or
                                                                                                              other referenced documents, visit the                            Section 101(a)(5)(A) of the MMPA (16
                                             Construction Activities at Naval                                                                                               U.S.C. 1371(a)(5)(A)) directs the
                                             Submarine Base New London                                        internet at: www.nmfs.noaa.gov/pr/
                                                                                                              permits/incidental/construction.htm. In                       Secretary of Commerce to allow, upon
                                             AGENCY:  National Marine Fisheries                               case of problems accessing these                              request, the incidental, but not
                                             Service (NMFS), National Oceanic and                             documents, please call the contact listed                     intentional taking of small numbers of
                                             Atmospheric Administration (NOAA),                               below (see FOR FURTHER INFORMATION                            marine mammals by U.S. citizens who
                                                                                                                                                                            engage in a specified activity (other than
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                                             Commerce.                                                        CONTACT).
                                             ACTION: Final rule.                                                                                                            commercial fishing) within a specified
                                                                                                              FOR FURTHER INFORMATION CONTACT:                              geographical region for up to five years
                                             SUMMARY:  Upon application from the                              Shane Guan, Office of Protected                               if, after notice and public comment, the
                                             U.S. Navy (Navy), NMFS is issuing                                Resources, NMFS; phone: (301) 427–                            agency makes certain findings and
                                             regulations under the Marine Mammal                              8401.                                                         issues regulations that set forth
                                             Protection Act for the taking of marine                          SUPPLEMENTARY INFORMATION:                                    permissible methods of taking pursuant


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Document Created: 2018-11-06 10:30:09
Document Modified: 2018-11-06 10:30:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule becomes effective August 30, 2018.
ContactDon Morgan, Chief, Branch of Delisting and Foreign Species, Ecological Services, U.S. Fish and Wildlife Service, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; telephone, 703-358-2171. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800-877-8339.
FR Citation83 FR 36755 
RIN Number1018-BC82
CFR AssociatedEndangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation

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