US State Butterfly map
Link to US state map on Butterflies & Moths of North America site. Use this map to find out which butterflies are indigenous to your state. These butterflies can be bought from a local breeder and released within the same state without requiring USDA permits. NB: Local state regulations may still apply - always check with your local permitting authority.
See also our Which Butterflies Can Be Released Where? page.
Puerto Rico
USDA does not permit continental U.S. farmers to send butterflies to Puerto Rico. However, a Puerto Rican butterfly farmer may raise and release native species within Puerto Rico.
Shipping butterflies interstate for environmental release and understanding / complying with USDA requirements
From: Wayne.F.Wehling@aphis.usda.gov
To: Butterfly Family List
Sent: Monday, September 08, 2003 10:43 AM
Subject: Advisory for Farmers List
The Plant Protection Act (PPA) as we call it, or the Agricultural Risk Protection Act of 2000, as it's formally known, replaced the Plant Pest Act of 1957. The PPA provides the Animal and Plant Health Inspection Service (APHIS) with the continued authority to develop regulations for the interstate transport and environmental release of live butterflies. The PPA also provides APHIS the authority to fine persons found in violation of regulations set forth by APHIS. First, several paragraphs about butterfly releases and APHIS then I will comment on violations.
Butterflies are "Plant Pests" as defined in the Act. This has been argued at length and is understandably difficult but will not be discussed here. Old discussion threads should be available in the archives of one of the butterfly discussion list serves. Also, the answer to -"Why APHIS regulates the interstate movement and environmental release of butterflies?" is available in those archives.
APHIS Plant Pest Permits (PPQ 526) are required for the interstate movement or importation of any living life stage of indigenous or exotic Lepidoptera (butterflies and moths). Another way to say it is: permits are required to possess live exotic Lepidoptera or live Lepidoptera obtained from another state. The remaining discussion will cover only interstate shipment of live U.S. butterflies and not exotic livestock. The nine butterfly species currently on the APHIS list for consideration for release into the environment are handled differently from the usual practice where the recipient is required to have the permit. For the nine species noted below, permits are issued to the supplier who is shipping the butterflies rather than to the recipient or butterfly release customer. The practice of issuing the permit to the shipper rather than the receiver is only used for environmental release permits involving these nine butterflies. Persons who drop ship to a release customer on behalf of someone else who took the order must possess a valid permit for the transport of the butterflies from the drop shippers state to the customers state. Drop shippers cannot rely of the permits of the order taker. Permits are not transferable and are valid only for the person and address identified in block #1 of Section A.
APHIS entomologists in Plant Protection and Quarantine identified 9 butterfly species that can be shipped interstate and released to the environment under certain restrictions (permit conditions). The 9 APHIS selected butterfly species can be released only in states where they are commonly found and there is no evidence for genetic differences among the populations involved. We have developed a chart for determining which butterflies will be allowed for release in each state. We call this chart the "USDA APHIS PPQ Butterfly Environmental Release Decision Chart". This chart/matrix can be used to determine which butterflies can be shipped to which states for release. For most states 6-8 species are permitted for environmental release.
This chart can be found on the "Permitting Corner" of the IBBA website http://www.butterflybreeders.org. Additional permit information can be found at: http://www.aphis.usda.gov/ppq/permits/
The list of nine species includes:
Agraulis vanillae, Gulf Fritillary
Danaus plexippus, Monarch
Heliconius charitonia, Zebra or Zebra Longwing
Heraclides cresphontes, the Orange Dog or Giant Swallowtail
Nymphalis antiopa, Morning Cloak or Camberwell Beauty (Europe)
Papilio polyxenes, Black Swallowtail
Vanessa atalanta, Red Admiral
Vanessa cardui, Painted Lady
Vanessa virginiensis, American Lady
Each new permit application received by the Permit Unit is reviewed by permit staff and or scientists who take all pertinent factors into account before issuing a permit to ship the listed butterfly species from one State to another. It is also important to note that State Agriculture Officials are also afforded the opportunity to review the permit applications and provide comments. The decision to issue the Federal permit is solely that of APHIS. State level agencies/departments such as fish and wildlife, environment, or conservation agencies may have additional requirements governing butterfly releases.
State officials have an opportunity to identify local concerns or issues that may result in the denial of all or part of a permit application. For some states agencies other than agriculture may require their own separate permits. Federal authority preempts state authority in matters of interstate transport of plant pests. Permits for releasing butterflies to the environment differ from other Plant Pest Permits in that the shipper must poses the permit for the destination state rather than the receiver or person releasing the butterflies. Permit applications are reviewed on a case by case basis and although consistency is very important each permit is a unique event and may stipulate different permit conditions which must be carried out in order to achieve USDA APHIS safeguards.
APHIS takes permit compliance very seriously. Persons determined to be in violation of the 7 CFR 330 regulations or conditions on their permit could have their permits cancelled and/or receive monetary fines. Suspected violations are turned over to APHIS' Investigative and Enforcement Services (IES) to determine if violations have occurred and if civil penalties should be assessed. Permit holders are expected to comply with all conditions provided in Section C of the PPQ 526 permit for the duration of issuance. To increase permittee awareness of these conditions last March (2003) we implemented a new requirement that each permit condition be initialed by the applicant and separate letter agreeing to abide by all of the conditions must be signed and returned to Permit Services before the final permit is issued. Activities such as shipping butterflies interstate without a permit or shipping butterfly species not listed on a permit are a violation of the PPA and are submitted for investigation. Drop shipments must be covered by valid PPQ 526 permits that specify the origin and destination state. IES investigates the violation and determines the amount of the civil penalty (fine). The PPA in Section 424 of 7 USC 7734 provides for fines ranging up to $50,000.00 - $250,000.00 for commercial violations. Several investigations are ongoing at this time.
Cheers,
Wayne Wehling, Ph.D.
Entomologist
USDA APHIS PPQ
Pest Permit Evaluations, Unit 133
Riverdale, MD 20737
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