[Federal Register Volume 64, Number 30 (Tuesday, February 16, 1999)]
[Notices]
[Pages 7662-7664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3616]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of an Application To Amend the Incidental Take Permit for
the San Bruno Mountain Habitat Conservation Plan, San Mateo County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability and receipt of application.
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SUMMARY: This notice advises the public that the County of San Mateo
and the cities of South San Francisco, Daly City, and Brisbane,
California (Applicants), have applied to the Fish and Wildlife Service
(Service) for an amendment to the San Bruno Mountain incidental take
permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of
1973, as amended (Act). The proposed amendment would add the callippe
silverspot butterfly (Speyeria callippe callippe), listed as endangered
under the Act on December 5, 1997, to the Applicants' existing
incidental take permit (PRT 2-9818), and would authorize take of the
callippe silverspot butterfly incidental to development activities on
San Bruno Mountain, San Mateo County, California as described in the
San Bruno Mountain Habitat Conservation Plan (Plan). This permit was
originally issued by the Service on March 4, 1983, and authorized
incidental take of the federally endangered mission blue butterfly
(Icaricia icarioides missionensis), federally endangered San Bruno
elfin butterfly (Callophyrs mossii bayensis), and federally threatened
San Francisco garter snake (Thamnophis sirtalis tetrataenia) on San
Bruno Mountain, California. This notice announces receipt of this
permit amendment application and the availability of
[[Page 7663]]
associated documents, which include the original Plan, Environmental
Assessment, and Implementing Agreement, and summary information
provided by the Applicants regarding the current amendment request. All
comments received, including names and addresses, will become part of
the administrative record and may be made available to the public.
DATES: Written comments should be received on or before March 18, 1999.
ADDRESSES: Send written comments to Mr. Wayne White, Field Supervisor,
U.S. Fish and Wildlife Service, 3310 El Camino Avenue, Suite 130,
Sacramento, California 95821-6340. Comments may be sent by facsimile to
(916) 979-2744.
FOR FURTHER INFORMATION CONTACT: Ms. Lori Rinek or Mr. William Lehman,
Fish and Wildlife Biologists, at the above address or call (916) 979-
2129.
SUPPLEMENTARY INFORMATION:
Document Availability
Individuals wishing copies of the documents mentioned above should
immediately contact the Service's Sacramento Fish and Wildlife Office
at the above referenced address or by telephone at (916) 979-2710.
Documents will also be available for public inspection, by appointment,
during normal business hours at the above address.
Background Information
Section 9 of the Act and Federal regulation prohibit the ``take''
of species listed as endangered or threatened, respectively. Take is
defined under the Act, in part, as to kill, harm, or harass a federally
listed species. However, the Service may, under limited circumstances,
issue permits to authorize ``incidental take'' of listed species.
Incidental take is defined by the Act as take that is incidental to,
and not the purpose of, the carrying out of an otherwise lawful
activity. Regulations governing permits for endangered species are
found in 50 CFR 17.31. Regulations governing permits for threatened
species are found in 50 CFR 17.32.
On March 4, 1983, the Service issued the County of San Mateo and
the cities of South San Francisco, Daly City, and Brisbane a permit
(PRT 2-9818) for incidental take of the mission blue butterfly, San
Bruno elfin butterfly, and San Francisco garter snake during
development activities on San Bruno Mountain, San Mateo County,
California. The Plan, on which issuance of PRT 2-9818 was based, listed
the callippe silverspot butterfly as a ``Species of Concern,'' since it
was then not listed and afforded protection under the Act, but
nevertheless treated the callippe silverspot butterfly as if the
species was listed under the Act. At the time of issuance of the permit
in 1983, the Service did not identify species not listed under the Act
on the face of an incidental take permit, even when such a species was
treated in a habitat conservation plan as if listed and protected under
the Act.
The Plan was developed to implement a long-term strategy to
conserve the three butterflies stated above, their host and larval
plants, and the San Francisco garter snake on San Bruno Mountain and to
minimize and mitigate the impact that development on San Bruno Mountain
would have on these species. Conservation measures established by the
Plan include: (1) Permanent preservation of butterfly habitat and
ecological diversity through transfer of private lands on San Bruno
Mountain to the public (the Plan protects 87 percent of the habitat of
the mission blue butterfly, 93 percent of the habitat of the callippe
silverspot butterfly and 100 percent of the habitat of the San Bruno
elfin butterfly); (2) providing funding for the Plan through the
assessment of development fees on the limited development allowed by
the Plan on San Bruno Mountain; (3) protection and improvement of
butterfly habitat through fencing, control of exotic plant species, and
other measures; (4) regulation of construction activities to avoid
unnecessary impacts to butterfly habitat; (5) ongoing monitoring and
research of San Bruno Mountain's ecology and its associated Species of
Concern; and (6) establishment of a manager to implement the Plan's
conservation program. All of these measures applied to the callippe
silverspot butterfly, which was then not listed under the Act, as well
as to the federally listed species.
The callippe silverspot butterfly was listed by the Service as
endangered on December 5, 1997 (62 FR 64306). One of the primary
reasons cited by the Service for listing the butterfly was over-
collection by insect collectors. Other factors cited include the
threats of road and residential development, trampling of host plants
by hikers and off-road vehicles, and application of herbicides and
other chemical agents. Listing of the callippe silverspot butterfly
under the Act provides the butterfly with regulatory protections
against collecting and other threats.
As a result of this listing, incidental take of the callippe
silverspot butterfly is prohibited under the Act unless such take is
otherwise authorized. As explained above, the Plan addressed the
callippe silverspot butterfly as if it was listed under the Act;
however, the species was not included in the list of species named on
the incidental take permit. As a result, any taking of callippe
silverspot butterflies on San Bruno Mountain Plan as a result of
development activities would not be authorized under the Applicants'
current permit. Consequently, the Applicants request this permit
amendment to add the callippe silverspot butterfly to their incidental
take permit. The Applicants also state in their permit application that
the callippe silverspot butterfly was adequately addressed in the
original Plan and that, consequently, amendments of the Plan and its
supporting documents are unnecessary. In support of this, the
Applicants cite statements from the Plan and Implementing Agreement
that: (1) The Plan provides for the long-term reconciliation of the
concerns of the parties regarding protection and enhancement of all the
Plan's Species of Concern; (2) the Plan minimizes and mitigates the
impacts of development on San Bruno Mountain's Species of Concern to
the maximum extent practicable; and (3) no further mitigation or
compensation will be required to provide for the conservation,
protection, or enhancement of the San Bruno Mountain ecological
community, including but not limited to its Species of Concern.
However, the original Plan did not address the problem of butterfly
collecting on San Bruno Mountain. In light of this and the fact that
collecting of callippe silverspot butterflies was a primary reason
cited by the Service for listing the species, the Applicants have
agreed to a new condition to protect the callippe silverspot butterfly
and other federally listed butterflies inhabiting San Bruno Mountain.
The Applicants will post signs at all major trailheads and other public
access points to San Bruno Mountain stating that: (1) Federal law
prohibits the collection of the mission blue butterfly, San Bruno elfin
butterfly, and callippe silverspot butterfly; (2) San Bruno Mountain
provides habitat for these species; and (3) collecting or harming
endangered butterflies could result in civil or criminal penalties
under the Act. Placement of the signs will be made a condition of the
amended permit and their design will be developed by the Applicants in
consultation with the Service.
In light of the above, the Service proposes to amend the
Applicants' incidental take permit to add the callippe silverspot
butterfly to the list of
[[Page 7664]]
covered species identified in the permit, and to authorize any take of
the callippe silverspot butterfly that is incidental to development
activities carried out in accordance with the Plan.
This notice is provided pursuant to section 10(c) of the Endangered
Species Act and Service regulations for implementing the National
Environmental Policy Act of 1969 (40 CFR 1506.6). The Service will
evaluate the application, associated documents, and comments submitted
thereon to determine whether the application meets the requirements of
these laws. If the Service determines that the requirements are met,
the existing permit (PRT 2-9818) will be amended for the incidental
take of the callippe silverspot butterfly. A final decision on amending
the permit will be made no sooner than 30 days from the date of this
notice.
Dated: February 9, 1999.
Elizabeth H. Stevens,
Manager, California/Nevada Operations Office, Fish and Wildlife
Service, Region 1, Sacramento, California.
[FR Doc. 99-3616 Filed 2-12-99; 8:45 am]
BILLING CODE 4310-55-P
