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monarch-esa-petition-final_61585

monarch-esa-petition-final_61585

(L.)(Lepidoptera:

(L.)(Lepidoptera: Nymphalidae): an exploration using allozyme electrophoresis. Biological Journal of the Linnean Society 75:437–452. Available from http://onlinelibrary.wiley.com/doi/10.1046/j.1095-8312.2002.00034.x/full (accessed June 11, 2013). Smith, D.A., G. Lushai, and J.A. Allen. 2005. A classification of Danaus butterflies (Lepidoptera: Nymphalidae) based upon data from morphology and DNA. Zoological Journal of the Linnean Society 144:191–212. Available from http://onlinelibrary.wiley.com/doi/10.1111/j.1096-3642.2005.00169.x/full (accessed June 11, 2013). Urquhart, F.A., N.R. Urquhart, and F. Munger. 1968. A study of a continuously breeding population of Danaus plexippus in Southern California compared to a migratory population and its significance in the study of insect movement. Journal of Research on the Lepidoptera 7(4):169-181. Vane-Wright, R.I. 1993. The Columbus Hypothesis: An Explanation for the Dramatic 19th Century Range Expansion of the Monarch Butterfly. Pages 179 – 187 in S.B. Malcolm and M.P. Zalucki, editors. Biology and Conservation of the Monarch Butterfly. Natural History Museum of Los Angeles County, Los Angeles, CA. Ward, M., and S.D. Johnson. 2013. Generalised pollination systems for three invasive milkweeds in Australia. Plant Biology 15:566–572. Available from http://doi.wiley.com/10.1111/j.1438- 8677.2012.00700.x (accessed June 11, 2013). Wise, K.A.J. 1980. Monarch butterfly dispersal in New Zealand. Records of the Auckland Institute and Museum 17:157 – 173. Wise, K.A.J. (n.d.). Food-Plants of “Monarch” Butterfly Larvae | NZETC. Available from http://nzetc.victoria.ac.nz//tm/scholarly/tei-Bio11Tuat02-t1-body-d5.html (accessed June 2, 2013). Wong, E., P.C. Leung, P. Sze, and A. Wong. 2004. Migration and overwintering aggregation of Danaid butterflies in Hong Kong. Hong Kong Biodiversity – Agriculture, Fisheries and Conservation Department Newsletter 6:1-6. Zalucki, M.P., and A.R. Clarke. 2004. Monarchs across the Pacific: the Columbus hypothesis revisited. Biological Journal of the Linnean Society 82:111–121. Available from http://onlinelibrary.wiley.com/doi/10.1111/j.1095-8312.2004.00322.x/full (accessed June 11, 2013). Zalucki, M.P., and W.A. Rochester. 2004. Spatial and Temporal Population Dynamics of Monarchs Down Under: Lessons for North America. Pages 219 – 228 in K.S. Oberhauser and M.J. Solensky, editors. The Monarch Butterfly: Biology and Conservation. Cornell University Press, Ithaca, NY. Monarch ESA Petition 158

Appendix B: Proposed Rules to Facilitate Monarch Butterfly Conservation, Science, Citizen Monitoring, and Education To avoid concerns that protecting monarchs under the ESA would curtail education about the species in classrooms as well as scientific research, citizen monitoring, and beneficial household rearing endeavors, we propose the Fish and Wildlife Service adopt a version of the following rules along with any findings on this petition and/or proposal to list the species. If monarchs are listed as a threatened species, under Section 4(d) of the ESA the Service can create a rule exempting certain activities from the prohibitions in Section 9 when those activities are necessary and advisable for the conservation of the species. 16 U.S.C. § 1533(d). The Service should use its Section 4(d) authority to carve out limited exemptions from the prohibitions on take, transport in commerce, and transport during a commercial activity for scientific research, citizen research and rearing, and conservation education activities that are necessary and advisable for the conservation of the species. The following is a basic outline for the rule: § 17.47(b) Monarchs. (1) The provisions of § 17.31(a) apply to this species, regardless of whether members of the species are in the wild or in captivity, and also apply to the progeny of any such butterfly. (2) Any violation of State law will also be a violation of the Act. (3) Paragraph (b)(1) will not apply to individuals engaged in scientific research on monarchs and/or their habitat that: (i) is beneficial to the conservation of the species or aimed at understanding monarch biology in ways that could benefit future monarch conservation; (ii) does not entail collection of the species for commercial display or commercial breeding; (4) Paragraph (b)(1) will not apply to individuals engaged in citizen monitoring designed to conserve monarchs or scientific research designed to conserve the species or better understand monarch biology that: (i) is overseen by a scientist, conservation organization, or other entity dedicated to the conservation of the species; (ii) does not require capture of members of the species for commercial display or commercial breeding; (5) Paragraph (b)(1) will not apply to conservation education activities that enhance the survival or propagation of the species, including but not limited to: (i) the rearing of monarchs in school classrooms provided that the monarchs are not provided by commercial suppliers; (ii) the rearing of monarchs at nature centers or other facilities designed to educate the public about the ecological role and conservation needs of the species provided that the monarchs are not provided by commercial suppliers; (6) Paragraph (b)(1) will not apply to the collection of wild members of the species and rearing of fewer than ten monarchs per year by any individual, household, or educational entity. Monarch ESA Petition 159

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