[Federal Register Volume 62, Number 11 (Thursday, January 16, 1997)]
[Rules and Regulations]
[Pages 2313-2322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1111]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC84
Endangered and Threatened Wildlife and Plants; Determination of
Endangered Status for the Laguna Mountains Skipper and Quino
Checkerspot Butterfly
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The Fish and Wildlife Service (Service) determines the Laguna
Mountains skipper (Pyrgus ruralis lagunae) and quino checkerspot
butterfly (Euphydryas editha quino) to be endangered species throughout
their respective ranges in southwestern California and northwestern
Baja California, Mexico, pursuant to the Endangered Species Act of
1973, as amended (Act). The Laguna Mountains skipper occupies montane
meadow habitats in a very restricted range within San Diego County,
California. The quino checkerspot is locally distributed in sunny
openings within chaparral and coastal sage shrublands in portions of
Riverside and San Diego counties, California, and northwestern Baja
California, Mexico. These taxa are threatened by one or more of the
following factors--loss and degradation and fragmentation of habitat
due to grazing, urban development, and fire management practices; over-
collection and other human disturbance; and naturally occurring events
such as fire or weather extremes. This rule implements Federal
protection provided by the Act for the Laguna Mountains skipper and
quino checkerspot butterflies.
EFFECTIVE DATE: January 16, 1997.
ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, during normal business hours at the
Carlsbad Field Office, U.S. Fish and Wildlife Service, 2730 Loker
Avenue West, Carlsbad, California 92008.
FOR FURTHER INFORMATION CONTACT: Ms. Marjorie Nelson, Biologist, at the
above address (telephone 619/431-9440).
SUPPLEMENTARY INFORMATION:
Background
The Laguna Mountains skipper (Pyrgus ruralis lagunae) is a small
butterfly in the skipper family (Hesperiidae). It has a wingspan of
about 3 centimeters (cm) (1 inch (in.)) and is distinguished from the
rural skipper (P. ruralis ruralis) by extensive white wing markings
that give adults, particularly males, an overall appearance of white
rather than mostly black, and by the banding patterns on the hind wings
(Scott 1981, Levy 1994). The Laguna Mountains skipper is found in
montane meadow habitats.
The Laguna Mountains skipper is one of two recognized subspecies of
the rural skipper, Pyrgus ruralis. Scott (1981) described P. ruralis
lagunae from a collection made in 1956 by F. Thorne in the Laguna
Mountains of San Diego County, California, based upon population
isolation and color differentiation. The Laguna Mountains skipper is
restricted to the Laguna Mountains and Mount Palomar in San Diego
County. The other subspecies of the rural skipper (P. ruralis ruralis)
ranges from the mountains of British Columbia and Alberta, Canada,
south to the coast ranges and Sierra Nevada of central California, as
well as Nevada, Utah, and northern Colorado (Stanford and Opler 1993;
John Brown, Dudek and Associates, in litt., 1992) and has darker wings
than the Laguna Mountains skipper.
Three other species in the genus Pyrgus occur in San Diego County:
the common checkered skipper (P. communis), the small checkered skipper
(P. scriptura), and the western checkered skipper (P. albescens). The
Laguna Mountains skipper can be distinguished from all three of these
species by the whitish appearance of the adults and the use of a single
larval host
[[Page 2314]]
plant, Horkelia clevelandii (Cleveland's horkelia), in the rose family
(Rosaceae) (Garth and Tilden 1986, Scott 1986). In addition, the
western checkered skipper and southern California populations of the
small checkered skipper are restricted to desert areas (Garth and
Tilden 1986).
The Laguna Mountains skipper population in the Laguna Mountains in
San Diego County (J. Brown, in litt., 1992) was not seen during a
relatively extensive survey in 1994 (Levy 1994) but was seen in 1995
(Jack Levy, pers. comm., 1995). Prior to that observation, it was last
seen in the Laguna Mountains in 1986 occupying a small area along a
fence in a U.S. Forest Service (USFS) campground (Levy 1994; Murphy
1990; D. Hogan, San Diego Biodiversity Project, pers. comm., 1993;).
The Laguna Mountains population was estimated to consist of fewer than
100 individuals (Murphy 1990; Brown 1991; J. Brown, in litt., 1992).
The Laguna Mountains skipper is currently found at four sites in
the Mount Palomar region of San Diego County (Levy 1994). It was
detected and collected on Mount Palomar in 1991 by D. Lindsley (J.
Brown, in litt., 1992: J. Brown, pers. comm., 1993). Two additional
populations were located in 1994 (Levy 1994). The largest of the Mount
Palomar populations is estimated to comprise 240 individuals (Levy
1994).
Horkelia clevelandii is the larval host plant of the Laguna
Mountains skipper. This plant occurs in meadows, under pines, and on
granite in the Laguna, Cuyamaca, Palomar, and San Jacinto Mountains of
southwestern California and northwestern Baja California, Mexico, from
1,200 to 2,500 meters (m) (4,000 to 8,000 feet (ft)) in elevation
(Hickman 1993). Although the distribution of a butterfly is primarily
defined by the presence of its larval host plant, the butterfly may be
further restricted by other physiological or ecological constraints.
The Laguna Mountains skipper is currently found in a few open meadows
of yellow pine forest between 1,200 and 2,000 m (4,000 and 6,000 ft) in
elevation. Historically, this skipper may have occurred throughout the
higher elevations of San Diego County (Murphy 1990; Brown 1991; J.
Brown, in litt., 1992). Murphy (1990) reported that there were at least
six populations of this taxon in the Laguna Mountains in the 1950's and
1960's; however, current information indicates only one extant
population. Until its rediscovery in 1983 by J. Emmel and subsequent
sightings in 1986 and 1995, this skipper had not been seen in the
Laguna Mountains since 1972 (J. Brown, in litt., 1992).
Historically, the Mount Palomar populations were small compared to
the populations in the Laguna Mountains. Only five specimens have been
collected from Mount Palomar in this century (J. Brown, in litt.,
1992). Prior to specimens collected in 1991 and the additional
populations found in 1994, the last known sightings from Mount Palomar
were from 1980 and, prior to that, from 1939 (Brown 1991; Levy 1994; J.
Brown, in litt., 1992).
The Laguna Mountains skipper is apparently bivoltine (two
generations per year). The adult flight season occurs from April to May
with a second smaller flight in late June to late July (Brown 1991,
Levy 1994). The Laguna Mountains skipper may have evolved a unique
mechanism for coping with the low daytime temperatures it encounters
during its spring flight, which is unusually early for butterflies in
the Laguna Mountains (Brown 1991). It is assumed that the life history
of the Laguna Mountains skipper is similar to that of the nominate
subspecies (Pyrgus ruralis ruralis), which diapauses (maintains a state
of suspended activity) as a full grown larva and lives 10 to 20 days in
the adult stage (J. Brown, in litt., 1992).
The quino checkerspot, Euphydryas (=Occidryas) editha quino is a
small member of the brush-footed butterfly family (Nymphalidae). It has
about a 3 cm (1 in.) wingspan and is checkered with dark brown,
reddish, and yellowish spots. It is one of 12 recognized subspecies of
E. editha (editha checkerspot) (Miller and Brown 1981, Ferris 1989).
The quino checkerspot can be distinguished from other subspecies of E.
editha in that the quino checkerspot tends to be larger with redder
wings, and the light spots on the wings tend to be fewer and more
discrete (Garth and Tilden 1986). This taxon also looks similar to two
other species of butterfly that occur within its range. The Chalcedon
checkerspot (E. chalcedona) is yellower and slightly larger, with
sharper forewings, than the quino checkerspot. Gabb's checkerspot
(Chlosyne gabbii) is smaller than the quino checkerspot and has orange
rather than red markings (Orsak 1977).
The quino checkerspot was first described in 1863 by Hans Herman
Behr, an entomologist with the California Academy of Sciences in San
Francisco, as Melitaea quino, based on a specimen from coastal San
Diego County. It was subsequently recognized by Comstock (1927) as a
full species of the genus Euphydryas. Euphydryas editha quino was then
inappropriately identified as E. e. wrightii, thereby confusing it with
earlier taxonomic treatments of the desert checkerspot, E. chalcedona
hennei (formerly ssp. quino) (Scott 1981). This error was rectified by
J. Emmel, based on a study of Behr's notes and available specimens
(Allen 1990; Dennis Murphy, Stanford University, in litt., 1988). The
genus Euphydryas is also referred to as Occidryas, but most authors
retain the former name (Scott 1986, Harrison et al. 1988, Murphy 1990,
Brown 1991).
Adult quino checkerspot butterflies live from 4 to 8 weeks. The
flight season occurs from mid-January to late April and peaks between
March and April. The eggs hatch in about 10 days and the larvae begin
to feed immediately. Fourth instar (development stage) larvae enter an
obligatory diapause as summer approaches and their larval food plant
dries up. Extended periods of diapause may occur during times of
drought (Greg Ballmer, University of California at Riverside, in litt.,
1990). Post-diapause larvae develop through four more instars and then
pupate to emerge as adults in the early spring (Murphy and White 1984).
The quino checkerspot is restricted to open grassland and sunny
openings within shrubland habitats of the interior foothills of
southwestern California and northwestern Baja California, Mexico (G.
Ballmer, in litt., 1991). Like the Laguna Mountains skipper, its
distribution is defined primarily by that of its larval host plant. The
primary larval food plant of the quino checkerspot is Plantago erecta
(dwarf plantain) in the plantain family (Plantaginaceae). However, the
larvae may also use Plantago ovata and Castilleja exserta (owl's-clover
in the figwort family (Scrophulariaceae)) (White 1974; G. Ballmer,
pers. comm., 1993). These plants grow in or near meadows, vernal pools,
and lake margins, and spread to upland shrub communities of sparse
chaparral and coastal sage scrub. This butterfly is generally found at
sites where high densities of the host plants occur (J. Johnson, in
litt., 1989; David Hawks, University of California at Riverside, in
litt., 1992) and at a variety of elevations from about sea level to
about 900 m (3,000 ft). Within these areas, the quino checkerspot may
be preferentially selecting sites where exposure to winter sun is
greatest (Weiss et al. 1987, Allen 1990). These habitats, like the
quino checkerspot, were once common along coastal bluffs, mesas, and
inland foothills (Brown and Faulkner 1984).
The quino checkerspot may have been one of the most abundant
butterflies in San Diego, Orange, and western
[[Page 2315]]
Riverside counties during the early part of the 20th century (Murphy
1990). The original range of the quino checkerspot extended as far
south as Valle de la Trinidad in northwestern Baja California, Mexico
(Brown et al. 1992) and as far north as Point Dume in Los Angeles
County (Allen 1990). Currently, only seven or eight populations are
known within the United States (the lack of an exact count is due to
uncertainty as to whether sightings of very small numbers of
butterflies in two areas represent one or two populations). All known
extant populations in the United States occur in southwestern Riverside
and north-central San Diego counties (G. Ballmer, in litt., 1990 and
1991, pers. comm., 1994; D. Hawks, pers. comm., 1993; Marjorie Nelson,
U.S. Fish and Wildlife Service (USFWS), pers. obs., 1994). One
population near Upper Otay Lake in San Diego County (D. Murphy, in
litt., 1991) was last seen in 1990. In 1996, a very small group of
quino checkerspots was sighted on Otay Mesa, but because of the very
limited amount of available host plant, this occurrence is not expected
to persist beyond 1996 (J. Brown, pers. comm., 1996). At least one
population exists in Mexico, in the Sierra Juarez near Tecate (Brown
1991; D. Murphy, in litt., 1991). Although no estimates of population
sizes for the quino checkerspot are currently available, all but three
populations are known to comprise fewer than five individuals.
Previous Federal Action
On June 3, 1991, the Service received a petition dated May 27,
1991, from Mr. David Hogan of the San Diego Biodiversity Project to
list four butterfly taxa as endangered under the Act--the Laguna
Mountains skipper (Pyrgus ruralis lagunae), Hermes copper (Lycaena
hermes), Thorne's hairstreak (Mitoura thornei), and Harbison's dun
skipper (Euphyes vestris harbisoni). The petition cited loss and
degradation of habitat, through various causes, as the major threat to
these butterflies. On July 12, 1993, the Service found that the
petition contained substantial information indicating that the
requested action may be warranted for the Laguna Mountains skipper, but
not for the other three butterflies. The latter finding was made
because sufficient information was not available regarding the threats
to, and biological vulnerability of, those taxa. An announcement of
these findings was published in the Federal Register on July 19, 1993
(58 FR 38549).
On September 30, 1988, the Service received a petition dated
September 26, 1988, from Dr. Dennis Murphy of the Stanford University
Center for Conservation Biology, to list the quino checkerspot
butterfly (Euphydryas editha quino) as endangered under the Act. At the
time the petition was submitted, this taxon had not been seen for
several years and was thought to be extinct. Extant populations of the
quino checkerspot were reported by Dr. Murphy in a letter dated August
1, 1991, which again requested the Service to consider the petitioned
action. The status of the quino checkerspot has been under review by
the Service since 1984 (May 22, 1984; 50 FR 37958) and it was
classified as a candidate on November 21, 1991 (56 FR 58804), meaning
that information in the Service's possession was sufficient to support
a proposal to list it as endangered or threatened.
The proposed rule for these two taxa constituted the following
findings--the final 12-month finding for the Laguna Mountains skipper
that the petitioned action is warranted; the 90-day finding that the
petition for the quino checkerspot butterfly presented substantial
information that the action may be warranted; and the final 12-month
finding for the quino checkerspot that the petitioned action is
warranted. The proposed rule was published in the Federal Register on
August 4, 1994 (59 FR 39868).
The processing of this final rule conforms with the Service's
listing priority guidance published in the Federal Register on December
5, 1996 (61 FR 64475). The guidance clarifies the order in which the
Service will process rulemakings following two related events: 1) the
lifting, on April 26, 1996, of the moratorium on final listings imposed
on April 10, 1995 (Public Law 104-6), and 2) the restoration of
significant funding for listing through passage of the omnibus budget
reconciliation law on April 26, 1996, following severe funding
constraints imposed by a number of continuing resolutions between
November 1995 and April 1996. The guidance calls for giving highest
priority to handling emergency situations (Tier 1) and second highest
priority (Tier 2) to resolving the listing status of the outstanding
proposed listings. This final rule falls under Tier 2. At this time
there are no pending Tier 1 actions. This rule has been updated to
reflect any changes in distribution, status and threats since the
effective date of the listing moratorium. This additional information
was not of a nature to alter the Service's decision to list the
species.
Summary of Comments and Recommendations
In the August 4, 1994, proposed rule and associated notifications,
all interested parties were requested to submit factual reports or
information that might contribute to the development of a final rule
for the two butterfly taxa considered in this rule. Appropriate Federal
and State agencies, county governments, scientific organizations and
authorities, and other interested parties were contacted and requested
to comment. A notice announcing a public hearing and extension of the
public comment period was published in the Federal Register on
September 26, 1994 (59 FR 49045). Newspaper notices inviting public
comment were published in the following newspapers: San Diego Union-
Tribune, Orange County Register, and Riverside County Press-Enterprise.
A public hearing was held in Rancho Bernardo, California, on
October 19, 1994, in conjunction with two other proposals to list three
taxa (San Diego fairy shrimp, Cuyamaca Lake downingia, and Parish's
meadowfoam), and the comment period was extended to October 31, 1994,
to accommodate additional comments. The transcript from this hearing is
available for inspection (see ADDRESSES section).
The Service has reviewed the written and oral statements from the
hearing and received during the comment period. A total of 21
commenters (from 2 Federal entities and 19 organizations or
individuals) submitted 33 comments. Thirty of the comments were either
not relevant to this listing action or non-substantive. The remaining
comments provided additional information and/or were substantive
comments. Two commenters submitted additional information, much of
which has been incorporated into this final rule. The issues raised by
the other commenters are presented here. Issues of a similar nature
were grouped from the comments received and are addressed below.
Issue 1
Several commenters stated that the listing of these butterflies as
endangered should be postponed until local multi-species planning
efforts are completed. They stated that these actions will eliminate
the need for listing by adequately providing for conservation while
also permitting economic growth. Another commenter asserted that San
Diego County multi-species efforts do not adequately cover the taxa in
this rule.
Service Response: Current regional multi-species planning efforts
do not
[[Page 2316]]
provide sufficient protection for either taxon to preclude their
listing under the Act. The Laguna Mountains skipper is not now covered
by, nor currently being considered for inclusion in, any local multi-
species plan because its distribution lies outside ongoing regional
planning areas.
In 1991, the State of California established the Natural
Communities Conservation Plan (NCCP) program to address conservation
needs throughout the State. The focus of current planning programs is
the coastal sage scrub community in southern California, although other
vegetation communities are being addressed in an ecosystem-level
approach. The NCCP for the Central and Coastal Subregion of Orange
County, signed into agreement on July 17, 1996, currently identifies
the quino checkerspot as a ``conditionally covered species;'' however,
the butterfly is not currently known to be extant within the planning
area. The species coverage under the plan is conditional because quino
checkerspot surveys have not been conducted within the planning area
and newly discovered populations may have long-term conservation value.
If quino checkerspots are found within the Central and Coastal
Subregion of Orange County, participating landowners are permitted to
``take'' quino checkerspots, incidental to otherwise lawful activities,
that occur in small and/or satellite populations, reintroduced
populations, or populations that have expanded due to reserve system
management. To offset any such take, a mitigation plan to be developed
in coordination with the Service, California Department of Fish and
Game (CDFG), and a non-profit corporation will oversee management of
the subregional reserve system. That mitigation plan would (1) minimize
impacts and provide appropriate feasible protection for the quino
checkerspot, (2) provide for habitat restoration/enhancement for the
butterfly; and (3) provide for monitoring and adaptive management of
quino checkerspots and their habitat within the reserve system. No
``take'' is authorized under the permit for those populations that are
considered to be essential to the butterfly's conservation.
Other planning efforts do not address the quino checkerspot, or may
include the butterfly but have not been completed. The quino
checkerspot may be addressed by a planning effort underway in southern
Orange County; however, the target species list has not yet been
determined. San Diego's Draft Multi-species Conservation Plan (MSCP)
does not include quino checkerspot as a covered species because the
risk of impacts is unknown and the plan cannot assure protection for
this species. A small group of quino checkerspot was sighted in 1996 on
Otay Mesa within the MSCP planning area; however, because the amount of
host plant available to this population is very low, this population is
not expected to persist to 1997 (J. Brown, and M. Singer, pers. comms.,
1996). The north-central San Diego County site is not included in any
multi-species planning efforts. Only one of the Riverside County quino
checkerspot populations occurs within the core reserve areas designated
in the approved Stephens' Kangaroo Rat Habitat Conservation Plan (RCHCA
1995). The quino checkerspot apparently will be considered in the
western Riverside County multi-species planning effort; however, this
plan has not yet been prepared, funded, or approved for implementation.
The Service does not presently have reasonable evidence that
conservation plans being implemented or developed will adequately
conserve either butterfly within their historic ranges. These taxa
would receive no legal protection while plans are being developed. For
reasons explained under ``Summary of Factors Affecting the Species''
below, sufficient threats remain for the Service to justify a listing
action.
Issue 2
Two commenters submitted information on three additional
populations of Laguna Mountains skipper at Mount Palomar and speculated
that the Laguna Mountains skipper has been extirpated from the Laguna
Mountains.
Service Response: The Service acknowledges the efforts by the
commenters to further determine the distribution and abundance of the
Laguna Mountains skipper. The information submitted was used in the
``Background'' section above and the following ``Summary of Factors
Affecting the Species.'' The Service has determined that, although
additional populations have been found, the Laguna Mountains skipper is
still an extremely rare butterfly threatened by a number of complex
factors. As demonstrated by the sightings in 1995, this butterfly is
not completely extirpated from the Laguna Mountains. However, failure
to locate the taxon in the Laguna Mountains during extensive 1994
survey efforts by Levy indicates extremely low population numbers.
Issue 3
One commenter questioned the extent to which livestock grazing is
the main reason for decline of the Laguna Mountains skipper, since the
intensity of grazing on public lands has been reduced.
Service Response: Based on information provided by the petitioner
and obtained from lepidopterists, Horkelia clevelandii plants are
stunted in areas that are grazed. As noted by Levy (1994), Horkelia is
an important nectar source and the loss of flowers to grazing would
impact the reproductive success of adult Laguna Mountains skippers. The
decline of the Laguna Mountains skipper has occurred over a number of
decades, with much of the decrease occurring prior to acquisition of
the land by a Federal agency. Additionally, as is stated in the
``Background'' section, butterflies are frequently more restricted than
their larval host plant due to other ecological requirements. Given
these considerations and the extreme rarity of this taxon, any
incidental trampling or predation by cattle could significantly impact
the taxon.
Issue 4
One commenter stated that there are more areas of Horkelia that are
not grazed than was stated in the proposed rule.
Service Response: The information submitted by the commenter was
incorporated into the ``Background'' and ``Summary of Factors Affecting
the Species.'' Subsequent to an analysis of the relevant maps provided
by a commenter, the Service concludes that the majority of Horkelia
clevelandii within the range of the Laguna Mountains skipper appears to
be grazed. In addition, the Service concludes that the areas currently
not subject to grazing were nonetheless previously grazed.
Issue 5
Two commenters stated that the Laguna Mountains skipper has an
ecological need for habitat disturbance. Historically, this disturbance
may have been due to a periodic fire regime. However, one of the
commenters maintained that grazing represents a substitute for that
fire disturbance.
Service Response: Livestock grazing does not replicate the type of
disturbance that a fire would bring. Highly managed livestock grazing
may be adequate to maintain populations of the host plant, Horkelia
clevelandii; however, this plant is also a preferred fodder for
livestock (Levy 1994). Additionally, the Laguna Mountains skipper is
currently found in five areas, only two of which are grazed. The
largest grazed habitat occupied by skippers is on both private and
public
[[Page 2317]]
land, but the intensity of grazing has been reduced on the public land.
Another population is in a campground where habitat extends onto a
grazing allotment; the pasture closest to the campground is grazed one
month per year. A third population is found in a finger of a meadow,
across a road from, but not in, the grazed portion of the meadow.
Grazing as a management tool for butterflies must be carefully
assessed and monitored for each butterfly species and a general
statement cannot be made regarding its effectiveness as a substitute
for fire. It is conceivable that if the numbers of Laguna Mountains
skipper were higher, there would be a greater tolerance for certain
schedules and intensities of livestock grazing. However, because the
taxon's numbers are currently extremely low, the impacts of trampling
and incidental predation from livestock grazing would likely be
significant. Currently there is no empirical evidence that the Laguna
Mountains skipper can tolerate grazing.
The Service solicited the expert opinions of seven appropriate and
independent specialists regarding pertinent scientific or commercial
data and assumptions relating to the taxonomy and biological and
ecological information for these two taxa. The response received
provided additional data that have been incorporated into this final
rule.
Summary of Factors Affecting the Species
After a thorough review and consideration of all information
available, the Service has determined that the Laguna Mountains skipper
(Pyrgus ruralis lagunae J. Scott) and quino checkerspot butterfly
(Euphydryas editha quino Behr) should be classified as endangered
species. Procedures found at section 4 of the Endangered Species Act
(16 U.S.C. 1531) and regulations (50 CFR part 424) promulgated to
implement the listing provisions of the Act were followed. A species
may be determined to be an endangered or threatened species due to one
or more of the five factors described in section 4(a)(1). These factors
and their application to the Laguna Mountains skipper and the quino
checkerspot are as follows.
A. The Present or Threatened Destruction, Modification, or Curtailment
of its Habitat or Range
The habitats and the ranges of the two taxa listed in this rule
have been substantially reduced by urban and agricultural development
and recreational activities, and are further threatened with
destruction, modification, and curtailment. The Laguna Mountains
skipper and the quino checkerspot currently occur within very
restricted ranges and are extremely localized in their present
distributions. The habitat requirements for these two animals are
primarily defined by their larval host plants. The removal or
degradation of these plants, as well as that of nectar sources for
adults, leads to the elimination of the affected population.
In the case of the Laguna Mountains skipper, Horkelia clevelandii
is itself a rare species and is only found in the Laguna, Cuyamaca, and
San Jacinto Mountains of southwestern California, and in northwestern
Baja California, Mexico (Hickman 1993). Historic habitat destruction
and degradation from overgrazing and trampling of H. clevelandii by
domestic cattle is considered to be the primary factor responsible for
its decline (Murphy 1990; D. Hogan, in litt., 1991; J. Brown, in litt.,
1992).
Currently three of the five localities of Laguna Mountains skipper
are not subject to livestock grazing. The fourth population occurs in
the Laguna Mountains, in a campground area of the Cleveland National
Forest bordering a grazing allotment (Murphy 1990; D. Hogan, pers.
comm., 1993). The fifth is on a grazing allotment, with habitat that
extends onto private lands. Although the magnitude of livestock grazing
on this allotment has been reduced, any impacts from grazing would
likely have a significant effect on the taxon due to the small numbers
of Laguna Mountains skippers.
If there were greater numbers of individuals and more populations,
the Laguna Mountains skipper might be able to tolerate certain levels
and timing of livestock grazing. However, given the low numbers of this
butterfly, any impacts to its habitat would be significant. The
grizzled skipper (Pyrgus malvae) in England is able to tolerate grazing
at a highly managed level (Levy 1994). The rare Dakota skipper
(Hesperia dacotae) is sensitive to even light grazing (Royer and
Marrone 1992, Moffat and McPhillips 1993). Some species of butterflies
have habitat requirements that need a managed grazing scheme whereas
others have habitat that recovers with reduced grazing. However,
previous studies indicate that the use of grazing as a management tool
for butterflies must be done carefully and at low intensities (Kulfan
1990, Thomas et al. 1992, Moffat and McPhillips 1993, Thomas and Jones
1993). A grazing plan for management of the Laguna Mountains skipper
has yet to be developed.
Fifty to seventy-five percent of the known range of the quino
checkerspot has been lost since 1900 due to habitat degradation or
destruction (Brown 1991). Sunny openings within chaparral and coastal
sage scrub occupied by the quino checkerspot have been degraded by
grazing and, to a lesser degree, destroyed by urban development. The
primary larval food plant, Plantago erecta, can be displaced by exotic
plants that invade once the ground is disturbed by discing, grading,
and/or grazing (J. Johnson, in litt., 1989; G. Ballmer, in litt.,
1990). The host plant then recolonizes in sites where grasses do not
grow well, like cattle trails and road edges, where quino checkerspot
larvae are subject to trampling (D. Hawks, pers. comm., 1993).
The encroachment of urban development in rural Riverside County
potentially threatens two of the largest populations of quino
checkerspot. This area is growing rapidly and is projected to be fully
developed within the decade (Monroe et al. 1992). One population is in
an area that is included in a local community plan that provides for
subdivision of parcels into 9-hectare (ha) (20-acre (ac)) lots (M.
Freitas, in litt., 1993). Another population is on the site of an
approved preliminary map for a housing development. The loss of these
two populations is likely to preclude survival and recovery of the
taxon.
The quino checkerspot population in southern San Diego County may
be threatened by a proposed urban development project on Otay Mesa. The
preferred alternative for the Otay Ranch New Town Plan (the largest
planned community in the southwestern U.S.) would result in the loss of
5,600 ha (14,000 ac) of upland shrub communities, or about 52 percent
of the extent of the plant communities within the project area. The
effects of this project on the recently observed quino checkerspot
population on Otay Mesa are not known at this time but are likely to be
significant.
Additional development is expected to further reduce and degrade
habitat of the quino checkerspot through construction of homes and
roads, and increases in fire frequencies, unauthorized trash dumping,
and the distribution and abundance of exotic plants. An existing
recreational vehicle park and marina in the vicinity of quino
checkerspot habitat attracts unauthorized use of off-road vehicles
(ORV's) within natural habitat areas. ORV's increase erosion and fire
hazards and destroy habitat by creating trails.
[[Page 2318]]
Evidence of ORV use is apparent at one of the quino checkerspot
localities, where a recently created dirt road bisects the center of
the habitat (G. Ballmer, in litt., 1991). Quino checkerspot habitat at
this locality has also been disced in part; these disturbed areas no
longer support this taxon, while the surrounding undisturbed areas do
(G. Ballmer, in litt., 1991).
Bureau of Land Management (BLM)-administered lands and USFS
Wilderness Areas are currently contiguous with some privately owned
quino checkerspot habitat. As Riverside County becomes more densely
populated, and these privately owned parcels are developed,
fragmentation and degradation of this contiguous habitat is expected.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Over-collection is a potential threat to both the Laguna Mountains
skipper and the quino checkerspot because of their value to butterfly
collectors. There is an extensive commercial trade for many imperiled
or rare butterflies (Chris Nagano, John Mendoza, and Cindy Schroeder,
USFWS, pers. obs., 1992-95). Johnson (in litt., 1989) has noted that as
the number of quino checkerspot colonies is reduced, lepidopterists may
collect individuals in order to include rare species in their
collections and to obtain surplus specimens for exchange or sale to
other collectors. The remaining populations of the quino checkerspot
and the Laguna Mountains skipper continue to be threatened by over-
collection.
In the spring of 1993, populations of the quino checkerspot were
the subject of collections for voucher specimens and captive-rearing
(D. Hawks, pers. comm., 1993). Although there are no studies of the
impact of the removal of individuals on natural populations of either
of the butterfly taxa in this rule, related studies of another
endangered nymphalid butterfly (Gall 1984a and 1984b) and a lycaenid
butterfly (Duffey 1968) suggest that the two taxa in this rule could be
adversely affected given the isolation of their apparently small
populations. Collecting from small colonies or repeated handling and
marking (particularly of females or in years of low abundance) could
seriously damage the populations through loss of individuals and
genetic variability (Singer and Wedlake 1981, Gall 1984b, Murphy 1988).
Collecting females dispersing from a colony can also reduce the
probability that new colonies will be founded. Collectors pose a threat
because they may be unable to recognize when they are depleting already
substantially reduced butterfly colonies below the thresholds of
survival and/or recovery, especially when they lack appropriate
biological training or visit the area for a short period of time
(Collins and Morris 1985).
An additional significant threat to the survival of both taxa in
this rule is the potential for vandalism by landowners who may view the
presence of sensitive species as an obstacle to development. The
habitat of the largest and densest quino checkerspot population in
Riverside County was deliberately disced in 1984 or 1985 to eliminate
the population (J. Johnson, in litt., 1989).
C. Disease or Predation
Disease is not known to be a factor affecting the taxa listed in
this rule. There are no documented observations of predation on the
Laguna Mountains skipper. However, the CDFG has released and is
proposing to continue releasing wild turkeys in the Palomar and
Descanso Ranger Districts of the Cleveland National Forest for the
purposes of recreational hunting. Alternative release sites are within
historic Laguna Mountains skipper habitat and upstream from occupied
habitat. Wild turkeys feed mostly on wild oats, insects, and acorns.
During its first four weeks, 60 to 90 percent of a young turkey's diet
consists of animal food, primarily insects. The adult diet consists of
15 to 25 percent animal food and turkeys are known to eat moth larvae
(CDFG 1994). The Laguna Mountains skipper is also threatened by
incidental predation from livestock grazing. The host plant is
palatable to grazers (Levy 1994) and any feeding larvae could be
incidentally eaten and/or trampled. This is a significant impact to the
low population numbers of the Laguna Mountains skipper.
There is evidence that predation is a threat to the quino
checkerspot. Preliminary studies (D. Hawks, pers. comm., 1993; G.
Ballmer, pers. comm., 1994) indicate that predation has contributed to
the decline of the quino checkerspot at sites where habitat has been
invaded by non-native plant species, which may also harbor predatory
arthropods. Sites within historical quino checkerspot habitat that have
been heavily invaded by Mediterranean plant species also have high
sowbug (Armadillidium sp. and Porcellio sp.) and earwig (Euborellia
annulipes and Forficula auricularia) densities. Sowbugs and earwigs
prey upon butterfly eggs. These predators are absent from natural sites
currently occupied by the quino checkerspot (D. Hawks, pers. comm.,
1993; G. Ballmer, pers. comm., 1994). Argentine ants (Iridomyrmex
humilis) are also a potential predator that co-occur with earwigs and
sowbugs. The number of these introduced predators is expected to
increase with the spread of development because these exotics thrive in
irrigated horticultural environments which may be adjacent to natural
quino checkerspot habitat.
In general, outbreaks of disease or parasitism are more likely to
occur under conditions of high population densities. The Laguna
Mountains skipper occurs in low population densities; most populations
of the Quino checkerspot also occur at low densities. Although specific
parasites are unknown for the Laguna Mountains skipper and the quino
checkerspot, Johnson (in litt., 1989) suggests that under certain
conditions, parasitism can eliminate a butterfly colony by building the
parasite load of a population, thus contributing to the crash of that
population. This cycle can only continue if the affected area is
recolonized by butterflies, which may be unlikely when the host-
butterfly population is small, fragmented, and isolated. However, if
alternative parasite hosts exist in areas occupied by the butterflies,
populations of parasites can be maintained on those alternative hosts
in sufficient numbers to affect butterfly populations.
D. The Inadequacy of Existing Regulatory Mechanisms
Existing regulatory mechanisms that could provide some protection
for both the Laguna Mountains skipper and the quino checkerspot
include: (1) listing under the California Endangered Species Act; (2)
adequate consideration under the California Environmental Quality Act
(CEQA) and the National Environmental Policy Act (NEPA); (3) local laws
and regulations; (4) occurrence with other species protected by the
Federal Endangered Species Act; and (5) land acquisition and management
by Federal, State, or local agencies, or by private groups and
organizations for the conservation of these taxa.
Neither of the taxa in this rule is under consideration for listing
under the California Endangered Species Act. The CDFG is unable to
protect insects under its current regulations (Pete Bontadelli, CDFG,
in litt., 1989).
The status of and threats to the Laguna Mountains skipper and the
quino checkerspot, as discussed above, reflect the failure of CEQA,
NEPA, and local laws and regulations to protect and provide for the
conservation of these taxa. Although there are several regional
[[Page 2319]]
conservation planning efforts underway within the range of the quino
checkerspot, they have either not been completed, approved, funded, or
implemented, or they have not provided adequate protection for this
taxon.
The Service is not aware of any overlap in distribution between the
Laguna Mountains skipper and any State or federally listed animal
species. At one or two localities it may overlap with Parish's
meadowfoam (Limnanthes gracilis ssp. parishii), currently proposed for
Federal listing as threatened (59 FR 39879). However, the listing of a
plant does not afford the same level of protection as the listing of an
animal (16 U.S.C. 1538 (a)) and the coincidental protection of the
Laguna Mountains skipper would be minimal at best. At some localities,
the quino checkerspot co-occurs with the coastal California gnatcatcher
(Polioptila californica californica), a federally listed threatened
species, and Stephens' kangaroo rat (Dipodomys stephensi), a federally
listed endangered species. However, the habitat requirements for the
quino checkerspot are different from either the coastal California
gnatcatcher or Stephens' kangaroo rat. Additionally, the Stephens'
Kangaroo Rat Habitat Conservation Plan (HCP) for western Riverside
County provides protection for only one population of the quino
checkerspot (RCHCA 1995). The NCCP/HCP for the Central and Coastal
Subregion of Orange County may potentially provide some protection for
the quino checkerspot; however, the butterfly is not known to be extant
within the planning area and systematic surveys are lacking. The quino
checkerspot is not considered adequately conserved by the MSCP in San
Diego County.
Some protection is afforded to the Laguna Mountains skipper on USFS
land. Considering the small population size and extremely limited
distribution of the Laguna Mountains skipper, this protection is
insufficient to conserve the taxon. In the case of the quino
checkerspot, some protection may be provided to one population by its
occurrence, in part, on BLM land in Riverside County. However, this
Federal land is currently subject to ORV activity (G. Ballmer, in
litt., 1991).
No specific regulations protect the quino checkerspot in Mexico.
However, all hunting and export of wildlife in Mexico is prohibited,
except under permit (Fuller and Swift 1984; Secretaria de Agricultura y
Ganaderia, Subsecretaria y de la Fauna, Departmento de Conservation de
la Fauna, undated). Little is known of the status of the isolated
populations in Mexico (Allen 1990) and any protection afforded to these
populations does not insure the survival of the taxon.
E. Other Natural or Man-Made Factors Affecting its Continued Existence
The extremely restricted range, localized distribution, and small
population size of the Laguna Mountains skipper and the quino
checkerspot make them vulnerable to the effects of habitat loss,
degradation and fragmentation, especially with regard to naturally
occurring events (e.g., see Gilpin and Soule 1986). For example,
several populations of the butterflies listed in this rule are known to
consist of fewer than 5 to 15 individuals. The occurrence of even one
of the following naturally occurring events could easily extirpate
these populations.
Although both butterflies occur in fire-adapted ecosystems, a
single fire event could eliminate affected populations. Orsak (1977)
reported that a quino checkerspot population near Hidden Ranch, Black
Star Canyon in the Santa Ana Mountains of Orange County was apparently
destroyed by a fire in 1967. The quino checkerspot may be extirpated
from Orange County.
Fire may be a necessary component for the maintenance of Laguna
Mountains skipper habitat. The diversity of montane meadow habitats may
be fire-dependent, including the skipper's larval host plant (Levy
1994). Historically, the skipper may have experienced local
extirpations and recolonizations following local fire events. However,
the present discontinuity and low population numbers would not enable
the Laguna Mountains skipper to tolerate local extirpations due to
fire.
Periodic droughts, like those that have occurred in recent years in
southwestern California, can adversely affect both of the taxa in this
rule. Drought is known to decrease numbers of butterflies (Thorne
1963). In addition to killing larvae by desiccation, drought conditions
may (1) cause the early senescence or death of the larval host plant
prior to completion of larval development or (2) lower the nutritional
quality of the host plant (e.g., water content). Drought can also
reduce the quantity and quality of adult nectar sources. Larval
starvation and extirpation of local populations during periods of
drought have been documented for Euphydryas editha (White 1974, Ehrlich
et al. 1980).
The quino checkerspot is somewhat adapted to unpredictable weather
patterns but requires sufficient patches of suitable habitat to respond
to this environmental variability. The quino checkerspot's dispersal
capabilities vary considerably depending upon rainfall patterns and the
resulting availability of adult nectar sources and larval food plants.
For example, a San Diego County population of the quino checkerspot
exhibited an increase in numbers as a result of favorable weather
(Murphy and White 1984). The greater number of larvae defoliated the
larval food plants. This central core area was left without sufficient
egg-laying sites for females, and adults dispersed greater distances in
search of additional suitable habitat. Ideally these dispersing adults
would have found marginally suitable areas and in subsequent
generations would have returned to a central core area. In this case,
the mass dispersal failed to restore populations in previously occupied
habitat, and the butterflies have not re-colonized the original site
(Murphy and White 1984; Murphy, in litt., 1988).
Habitat fragmentation can affect the genetic heterogeneity of small
isolated populations like those of the Laguna Mountains skipper and the
quino checkerspot. A basic principle of genetics states that small,
fragmented populations are subject to a higher frequency of genetic
drift and inbreeding. As a consequence, genetic variation of the
population and individual heterozygosity is decreased. That can lead to
inbreeding depression and lowered fitness of individuals. Low genetic
diversity may decrease the ability of a species to adapt to changing
environmental conditions. Genetically homogenous populations may be at
a greater risk of extinction from environmental or demographic
variability (e.g., from fire or drought events) than are large, diverse
populations that can more readily recover from such events. For
example, variation in the length of diapause among butterfly offspring
requires genetic heterogeneity (Seger and Brockman 1987). If a
population is variable in diapause length, it has a lower risk of
losing an entire cohort to adverse environmental conditions during any
given season. Individuals with prolonged diapause may survive if
drought causes high mortality during the next season. A large
population or metapopulation can maintain the genetic heterogeneity
needed to maintain the population during these kinds of events, but
small, isolated populations cannot.
Interconnected populations can act as reservoirs to maintain other
populations that may be subject to periodic extirpation (Murphy and
White 1984, Harrison et al. 1988). If a naturally
[[Page 2320]]
occurring event eliminates a population of either of these taxa, few,
if any neighboring populations are available to recolonize the area. No
information is available regarding the dispersal abilities of the
Laguna Mountains skipper. The sedentary behavior of the quino
checkerspot decreases the probability that natural, long-distance
dispersal could re-establish most extirpated local populations.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by these two taxa in determining to make this rule
final. Based on this evaluation, the Service finds that the preferred
action is to list the Laguna Mountains skipper (Pyrgus ruralis lagunae)
and the quino checkerspot (Euphydryas editha quino) as endangered. The
range and habitat of these taxa has been substantially reduced by
historical activities associated with urban and agricultural
development and recreational activities. These two taxa are threatened
by one or more of the following factors--habitat alteration and
destruction resulting from urban and agricultural development, grazing,
fire management practices, over-collection, recreational activities,
and displacement of the larval host plant by exotic species. The
extremely restricted range, localized distribution, and small
population size of both butterflies makes them very vulnerable to
extinction by the factors listed above as well as by naturally
occurring events such as fire and drought. For these reasons, the
Service finds that the Laguna Mountains skipper and the quino
checkerspot are in imminent danger of extinction throughout all or a
significant portion of their ranges. Threatened status would not
accurately reflect the diminished status and the threats to these taxa.
Other alternatives to this action were considered but not preferred
because not listing these taxa would not provide adequate protection
and would be inconsistent with the purposes of the Act. Critical
habitat is not being proposed for these taxa for the reasons discussed
below.
Critical Habitat
Critical habitat is defined in section 3 of the Act as: (i) the
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) that may require special management
considerations or protection; and (ii) specific areas outside the
geographical area occupied by a species at the time it is listed, upon
a determination that such areas are essential for the conservation of
the species. ``Conservation'' means the use of all methods and
procedures needed to bring the species to the point at which listing
under the Act is no longer necessary.
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, the Secretary designate critical habitat at the time
the species is determined to be endangered or threatened. The Service
finds that designation of critical habitat is not prudent for the
Laguna Mountains skipper and the quino checkerspot at this time.
Service regulations (50 CFR 424.12(a)(1)) state that designation of
critical habitat is not prudent when one or both of the following
situations exist--(1) The species is threatened by taking or other
human activity, and identification of critical habitat can be expected
to increase the degree of such threat to the species, or (2) such
designation of critical habitat would not be beneficial to the species.
Publication of precise maps and descriptions of critical habitat
for the quino checkerspot and the Laguna Mountains skipper could result
in increased collection of specimens by collectors. The commercial
trade in rare butterflies could increase demand for these taxa once
they are listed as endangered and critical habitat maps could lead
unscrupulous collectors to endangered populations. Additional habitat
destruction through trampling, discing, grading, and vandalism could
result as well. As discussed above under Factor B in ``Summary of
Factors Affecting the Species,'' habitat for one of the largest quino
checkerspot colonies was graded in Riverside County to deliberately
eliminate that population, and a number of quino checkerspot colonies
have been subject to collection.
The additional protection provided by the designation of critical
habitat to a species would be provided through section 7 of the Act.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Section 7(a)(2) requires Federal
agencies to insure that activities they authorize, fund, or carry out
are not likely to jeopardize the continued existence of such a species
or destroy or adversely modify its critical habitat. The two taxa in
this rule are confined to small geographical areas, and each population
is composed of so few individuals that the determinations for jeopardy
to the species and adverse modification of critical habitat would be
similar. Therefore, designation of critical habitat provides no
benefits beyond those that these taxa would receive by virtue of their
listing as endangered species, and would likely increase the risk of
threat from collecting or other human activities. The Service concludes
that the designation of critical habitat for the Laguna Mountains
skipper and the quino checkerspot is not prudent at this time.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing results in public awareness and
conservation actions by Federal, State, and local agencies, private
organizations, and individuals. The Act provides for possible land
acquisition and cooperation with the States and requires that recovery
actions be carried out for all listed species. The protection required
of Federal agencies and the prohibitions against taking and harm are
discussed, in part, below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(1) requires Federal agencies to use their
authorities to further the purposes of the Act by carrying out programs
for listed species. Section 7(a)(2) of the Act requires Federal
agencies to insure that activities they authorize, fund, or carry out
are not likely to jeopardize the continued existence of the species. If
a Federal action may affect a listed species, the responsible Federal
agency must enter into formal consultation with the Service.
Federal agencies expected to have involvement with the Laguna
Mountains skipper and the quino checkerspot include the USFS and BLM
due to the presence of habitat and populations within their
jurisdiction. The Laguna Mountains skipper occurs on private and State-
owned land as well as USFS lands. The quino checkerspot mostly occurs
on privately owned lands with little or no Federal involvement,
although the BLM owns a portion of one
[[Page 2321]]
site. The USFS is currently conferencing with the Service under section
7 of the Act in order to address grazing impacts within the Cleveland
National Forest on both the Laguna Mountains skipper and quino
checkerspot.
The Act and its implementing regulations found at 50 CFR 17.21 set
forth a series of general prohibitions and exceptions that apply to all
endangered wildlife. These prohibitions, in part, make it illegal for
any person subject to the jurisdiction of the United States to take
(including harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, collect, or to attempt any of these), import or export,
transport in interstate or foreign commerce in the course of commercial
activity, or sell or offer for sale in interstate or foreign commerce
any listed species. It is also illegal to possess, sell, deliver,
carry, transport, or ship any such wildlife that has been taken
illegally. Certain exceptions apply to agents of the Service and State
conservation agencies.
It is the policy of the Service published in the Federal Register
on July 1, 1994 (59 FR 34272), to identify to the maximum extent
practicable at the time a species is listed those activities that would
or would not constitute a violation of section 9 of the Act. The intent
of this policy is to increase public awareness of the effect of a
listing on proposed and ongoing activities within a species' range. The
Service is currently coordinating with the USFS regarding activities on
lands under their jurisdiction that may affect the taxa in this rule.
Activities that the Service believes could potentially harm the Laguna
Mountains skipper and the quino checkerspot and result in take include,
but are not limited to:
(1) Unauthorized handling or collecting of the taxa;
(2) Unauthorized destruction/alteration of their habitat, including
unauthorized livestock grazing;
(3) Unauthorized pesticide applications in violation of label
restrictions.
Activities that the Service believes are unlikely to result in a
violation of section 9 are:
(1) Possession, delivery, or movement, including interstate
transport and import into or export from the United States, involving
no commercial activity, dead specimens of these taxa that were
collected prior to the date of publication in the Federal Register of
the final regulation adding these taxa to the list of endangered
species;
(2) Roadkills or injuries by vehicles on designated public roads;
(3) Normal, authorized recreational activities in designated
campsites and on authorized trails.
Questions as to whether specific activities will constitute a
violation of section 9 should be directed to the Service's Carlsbad
Field Office (see ADDRESSES section).
Permits may be issued to carry out otherwise prohibited activities
involving endangered wildlife species under certain circumstances.
Regulations governing such permits are at 50 CFR 17.22 and 17.23. Such
permits are available for scientific purposes, to enhance the
propagation or survival of the species, and/or for incidental take in
connection with otherwise lawful activities. Requests for copies of the
regulations on listed wildlife and plants and inquiries on prohibitions
and permits should be addressed to the U.S. Fish and Wildlife Service,
Ecological Services--Endangered Species Permits, 911 NE 11th Avenue,
Portland, Oregon 97232-4181 (telephone 503/231-6241; facsimile 503/231-
6243).
Where applicable, the Service is encouraging private landowners to
include the Laguna Mountains skipper and the quino checkerspot
butterflies in habitat conservation plans developed as part of
applications for incidental take permits. To date, one plan has
included the quino checkerspot in the Central and Coastal Subregion of
Orange County.
Reasons for Effective Date
The Service is concerned that issuance of a final rule for these
animals that is not effective immediately upon publication will result
in greatly intensified levels of collecting and commercial trade of the
Laguna Mountains skipper and particularly the quino checkerspot (see
Factor B above). In addition, any delay in the effective date of this
rule provides an opportunity for vandalism by persons not wanting
endangered species on their property. Because of the immediate threat
posed by these activities, the Service finds that good cause exists for
this rule to take effect immediately upon publication in accordance
with 5 U.S.C. 553(d)(3).
National Environmental Policy Act
The Fish and Wildlife Service has determined that Environmental
Assessments and Environmental Impact Statements, as defined under the
authority of the National Environmental Policy Act of 1969, need not be
prepared in connection with regulations adopted pursuant to section
4(a) of the Endangered Species Act of 1973, as amended. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).
Required Determinations
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and found it to contain no information collection
requirements. This rulemaking was not subject to review by the Office
of Managment and Budget under Executive Order 12866.
References Cited
A complete list of all references cited herein is available upon
request from the Carlsbad Field Office (see ADDRESSES section).
Author
The primary author of this final rule is Marjorie Nelson of the
Carlsbad Field Office (see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Regulation Promulgation
Accordingly, part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, is amended as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. Section 17.11(h) is amended by adding the following, in
alphabetical order under INSECTS, to the List of Endangered and
Threatened Wildlife, to read as follows:
Sec. 17.11 Endangered and threatened wildlife
* * * * *
(h) * * *
[[Page 2322]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
-------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Insects
* * * * * * *
Butterfly, quino checkerspot..... Euphydryas editha U.S.A. (CA), Mexico NA................. E 604 NA NA
quino.
* * * * * * *
Skipper, Laguna Mountains........ Pyrgus ruralis U.S.A. (CA)........ NA................. E 604 NA NA
lagunae.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: December 24, 1996.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 97-1111 Filed 1-15-97; 8:45 am]
BILLING CODE 4310-55-P
