monarch-esa-petition-final_61585

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