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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground Effective Modified

Town of Milton Maps are available for inspection at The Caswell County Planning Department, 144 Main Street, Yanceyville, North Carolina. Send comments to The Honorable Walter L. Thomas, IV, Mayor of the Town of Milton, P.O. Box 248, Milton, North Carolina 27305. Town of Yanceyville Maps are available for inspection at the City of Yanceyville Planning Office, 200 East Church Street, Yanceyville, North Carolina. Send comments to The Honorable Daniel Printz, Mayor of the City of Yanceyville, P.O. Box 918, Yanceyville, North Carolina 27379.

(Catalog of Federal Domestic Assistance No. DATES: The finding announced in this that listing may be warranted, we make 83.100, ‘‘Flood Insurance.’’) document was made on November 14, a finding within 12 months of the date Dated: November 6, 2006. 2006. of the receipt of the petition on whether David I. Maurstad, ADDRESSES: You may send data, the petitioned action is (a) Not Director, Mitigation Division, Federal information, comments, or questions warranted, (b) warranted, or (c) Emergency Management Agency, Department concerning this finding to Ken Berg, warranted, but the immediate proposal of Homeland Security. Attn: Island Marble , Western of a regulation implementing the [FR Doc. E6–19110 Filed 11–13–06; 8:45 am] Washington Fish and Wildlife Office, petitioned action is precluded by other BILLING CODE 9110–12–P U.S. Fish and Wildlife Service, 510 pending proposals to determine whether Desmond Drive, SE., Suite 102, Lacey, any is threatened or endangered, WA 98503; or via fax to 360–753–9008. and expeditious progress is being made DEPARTMENT OF THE INTERIOR You may inspect the petition, to add or remove qualified species from administrative records, supporting the Lists of Endangered and Threatened Fish and Wildlife Service information, and comments received by Wildlife and Plants. Section 4(b)(3)(C) of appointment during normal business the Act requires that a petition for 50 CFR Part 17 hours at the above address. which the requested action is found to be warranted but precluded be treated FOR FURTHER INFORMATION CONTACT: Ted as though resubmitted on the date of Endangered and Threatened Wildlife Thomas or Jodi Bush at the Western such finding, i.e., requiring a and Plants; 12-Month Finding on a Washington Fish and Wildlife Office subsequent finding to be made within Petition to List the Island Marble (see ADDRESSES); or by telephone at 12 months. Each subsequent 12-month Butterfly ( ausonides 360–753–9440; or by fax at 360–753– finding will be published in the Federal insulanus) as Threatened or 9008; or by electronic mail at Register. Endangered [email protected]. AGENCY: Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: Previous Federal Action Interior. On January 22, 2003, we sent a letter Background ACTION: Notice of 12-month petition acknowledging receipt of the petition to finding. On December 11, 2002, we received a Scott Hoffman Black, Executive Director petition dated December 10, 2002, of the Xerces Society. In our response, SUMMARY: We, the U.S. Fish and requesting that we emergency list the we advised the petitioners that we had Wildlife Service (Service), announce a island marble butterfly (Euchloe insufficient funds to respond to the 12-month finding on a petition to list ausonides insulanus) as an endangered petition at that time and that we would the island marble butterfly (Euchloe species, and that we designate critical not be able to begin processing the ausonides insulanus) under the habitat concurrently with the listing. petition in a timely manner. Endangered Species Act of 1973, as The petition, submitted by the Xerces On April 5, 2004, we received a 60- amended (Act). After review of all Society, Center for Biological Diversity, day notice of intent to sue for three available scientific and commercial Friends of the San Juan, and Northwest butterfly species, the Taylor’s information, we find that the petitioned Ecosystem Alliance, was clearly checkerspot (Euphydryas editha taylori), action is not warranted. Furthermore, identified as a petition for a listing rule the mardon skipper (Polites mardon), the Service and the National Park and contained the names, signatures, and the island marble butterfly. On Service (NPS) have entered into a and addresses of the requesting parties. October 18, 2004, plaintiffs filed a Conservation Agreement that Included in the petition was supporting complaint for declaratory and injunctive implements conservation measures information regarding the species’ relief, which specifically addressed specifically addressing the needs of the and ecology, historical and conservation actions needed for the island marble butterfly. We request that current distribution, present status, island marble butterfly. Taylor’s you submit any new information active imminent threats, and potential checkerspot and mardon skipper concerning the status of and threats to causes of decline. were not addressed in that this subspecies whenever it becomes Section 4(b)(3)(B) of the Act (16 complaint and are not assessed in this available. We will continue to U.S.C. 1531 et seq.) requires that, for petition finding. We negotiated a collaborate with our partners to expand any petition to revise the Lists of stipulated settlement agreement for the the conservation efforts that have been Threatened and Endangered Wildlife island marble butterfly, dated February instituted by several landowners on and Plants that contains substantial 28, 2005, in which we agreed to work currently occupied habitat. scientific and commercial information cooperatively with our conservation

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partners to conduct surveys and to is completed by mid-June in the San camas), Fritillaria lanceolata (chocolate assess the ecological needs of the Juan Islands, Washington (Miskelly lily), Zygadenus venenosus (death subspecies during 2005. We also agreed 2005, p. 5). Eggs may be observed for a camas), and Cerastium arvense (field to submit a 90-day petition finding to week beyond when adults are observed, chickweed) (Lambert 2005c, p. 7). the Federal Register by February 5, and larvae have been observed until Arabis spp. (rockcress species) were 2006, and if necessary, submit a 12- early July (Miskelly 2005, p. 5). likely food plants for the island marble month finding to the Federal Register butterfly (Guppy and Shepard 2001, p. Distribution and Status by November 5, 2006. 160); however, they are currently rare in A 90-day finding was published in the Historically, the island marble much of the San Juan Islands. Federal Register on February 13, 2006 butterfly has always been rare (Guppy Island marble butterfly larvae are (71 FR 7497). We found that the petition and Shepard 2001, p. 161). The currently known to feed on plants of the presented substantial scientific subspecies was known from 14 museum (mustard) family in three information indicating that listing the records from collections made in British types of habitat: (1) Native Lepidium island marble butterfly may be Columbia, Canada, from 1861 to 1908. virginicum var. menziesii (tall or Puget warranted. Therefore, we initiated a The specimens are displayed in Sound peppergrass) found at the edge of status review of the subspecies. A 60- museum collections in British coastal lagoons just above the marine day public comment period was Columbia, Canada, and the Smithsonian shoreline of Griffin Bay, north of opened, to allow the public to provide Institution, Washington, DC. American Camp, a National Historic information for the status review. This Historically, the island marble butterfly Park on San Juan Island (Lambert 2005c, document constitutes our 12-month was only known from Vancouver Island p. 7; Miskelly 2005, p. 7); (2) nonnative, finding on the island marble butterfly, and the Canadian Gulf Islands, which annual mustards such as Brassica and is submitted in fulfillment of the are part of the same geologic formation campestris (field mustard) and stipulated settlement agreement. as the San Juan Archipelago. The island Sisymbrium altissimum (tall tumble- On October 31, 2006, the Service and marble butterfly was last observed on mustard) in upland habitat; and (3) tall the NPS entered into a ‘‘Conservation Gabriola Island, Canada in 1908; has not tumble-mustard in sand dune habitat. Agreement and Strategy for the Island been observed on Vancouver Island or Adult island marble butterflies were Marble Butterfly (Euchloe ausonides the Canadian Gulf Islands since 1908; most commonly observed nectaring on insulanus),’’ that implements measures and was considered to be extirpated Lepidium virginicum var. menziesii, within San Juan Islands National throughout its known range. The Brassica campestris, Sisymbrium Historical Park specifically addressing butterfly was discovered on San Juan altissimum, Hypochaeris radicata (hairy the conservation needs of the island Island, Washington, in 1998 by John cat’s ear), Taraxacum officinale marble butterfly. Fleckenstein, a biologist with the (dandelion), and Cakile edentula (sea Species’ Description and Life History Natural Heritage Program of the rocket) (Miskelly 2005, p. 6). Washington Department of Natural The use of native and non-native The island marble butterfly is a Resources (WDNR); that discovery was mustards by the island marble butterfly member of the family, published in 2001 by Guppy and is likely a shift from the preferred larval subfamily Pierinae. The island marble Shepard (p. 160). food plants used historically. Guppy butterfly is 1.75 inches (4.5 centimeters) and Shepard (2001, p. 160) discuss long, creamy white (Pyle 2002, p. 142; Taxonomy several species of Arabis, Descurainia, Guppy and Sheppard 2001, p. 159), and The island marble butterfly is distinct and Barbarea (all members of the is larger than other subspecies of the from its nearest relative, the large Brassicaceae (mustard) family) that were large marble butterfly (Euchloe marble butterfly (Euchloe ausonides), likely used by the island marble ausonides). The yellow-green marbled which is widespread in British butterfly. Most of these plants are absent pattern on the ventral hindwings and Columbia east of the Coast Range, and from San Juan and Lopez Islands, forewings characterizes adults of the in Washington and Oregon, where it is possibly due to the shift in dominance subspecies (Pyle 2002, p. 142; Guppy found exclusively east of the Cascade to pasture grasses and other sod-forming and Sheppard 2001, p. 159). Mountains (Guppy and Shepard 2001, grasses associated with agricultural The eggs of the island marble butterfly p. 160; Pyle 2002, p. 142). The large practices, which reduce the are bluish-greenish to cream when laid marble butterfly is not found in coastal establishment and maintenance of (Pyle 2002, p. 142; Guppy and Sheppard or island locations. Because the island native forb species. The island marble 2001, p. 159), and change to orange or marble butterfly has distinct physical butterfly appears to have shifted its red at maturity. Larvae have five instars characteristics and its behavior is larval food preference to the nonnative (developmental stages between each adapted to the mosaic of habitat species Brassica campestris and molt) before over-wintering as pupae. conditions and plant assemblages Sisymbrium altissimum, although the Larvae are steely-blue above, specifically adapted to the San Juan native Lepidium virginicum var. transitioning to green below, with bright Islands, the subspecies has likely menziesii is currently used by island yellow stripes along the sides and back, existed there for well over a century, marble butterfly larvae in lagoon and are peppered with small black spots and perhaps since the last glaciation (R. habitat. A similar shift to nonnative (Pyle 2002, p. 142). Fifth-instar larvae M. Pyle, pers. comm., June 2006). plants in situations where the preferred walk about to find secure resting larval host plants no longer exist has locations for pupation on the lower stem Habitat been observed in long-term studies of of food plants, where the pupae over- The island marble butterfly was checkerspot butterflies (Ehrlich and winter until emerging as adults the known to occur exclusively in grassland Hanski 2004, p. 131; Stinson 2005, p. following spring. The island marble habitat that historically was dominated 88). It is not known whether this shift butterfly is univoltine (the subspecies by the grasses Festuca roemeri (native to using nonnative plants by butterflies has just one flight period per year) (Pyle bunchgrass), Elymus glaucus (blue was brought on by butterfly preference 2002, p. 142; Pyle 2003, p. 34). The wildrye), Danthonia californica or plant availability. flight period of adult butterflies (California oat-grass), and native forbs Nonnative mustard species are able to generally commences in early April and including Camassia quamash (common colonize disturbed areas. Many

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temporary ground-disturbing activities by Dorazio et al. (2006, p. 842, 852) (4) The Central Lopez Island have short-term effects that do not predicted that species’ occurrence and subpopulation is located on privately appear to result in long-term changes to butterfly diversity could be predicted owned lands and lands owned by the island marble butterfly population accurately through the careful location local school district managed as rural numbers or distribution. Regardless of of surveys. They concluded that a farm and forest (241 ac (98 ha) of how this shift in host plants occurred, reasonable estimate of abundance would occupied habitat). the use of nonnative plants such as be attained through a reduced survey (5) The West Central Lopez Island Brassica and Sisymbrium has likely effort when the plant community subpopulation is located on private contributed to the survival of the island sampled was selected based on the lands managed for agricultural resources marble butterfly on grassland habitat known occurrence of the target butterfly (11 ac (5 ha) of occupied habitat). found within San Juan County, species. Several other observations of Washington, and is expected to Surveys conducted in 2005 focused dispersed or isolated individuals were continue to play a significant role in the on areas with suitable habitat, which made on Lopez and San Juan Islands. species’ continued existence. was defined by the presence of the three Because of the relatively low number of Surveys known larval food plants, Brassica individuals found (compared to the sites campestris, Sisymbrium altissimum, identified above) and the distance from In 2005 and 2006, we partnered with and Lepidium virginicum var. menziesii. the populations identified above, these Washington Departments of Fish and Sites with island marble butterfly isolated individuals are not considered Wildlife and Natural Resources (WDFW detections in 2005 were revisited by separate populations in the population and WDNR), the NPS, the University of survey teams more than 5 times in 2006. count. Isolated sites, outside the Washington, and the Xerces Society to Our survey efforts during 2006 locations described above, comprise an survey for the presence of the island focused on previously unsurveyed additional 2.5 ac (1 ha) of occupied marble butterfly during the adult flight islands and suitable habitat patches habitat. period and while eggs were being laid composed of host mustards. An and larvae were active (early April After two seasons of intensive survey additional objective in 2006 was to through late June). Qualified observers effort, we concluded that many types of survey appropriate habitat adjacent to conducted approximately 325 surveys at habitat that we originally suspected to sites on San Juan and Lopez Islands that more than 150 distinct locations in 6 be potentially suitable habitat are not were documented to be occupied by counties and on 16 islands. Surveys being utilized because they do not island marble butterflies in 2005. The were conducted for adult butterflies provide the conditions necessary for the 2005 survey sites were used as focal from mid-April to mid-June; eggs and larval food plants. Areas occupied by larvae were surveyed during an points, and surveys were expanded trees, areas above approximately 300 additional 2-week period after the outward into adjacent suitable habitat feet (92 m) elevation, and barrens primary adult flight period (A. Potter, with landowner permission. Only a few occupied by European rabbits Wildlife Biologist, WDFW, pers. comm. new subpopulations were documented (Oryctolagus cuniculus) did not provide 2006; A. Lambert 2005c, p. 14; Miskelly in 2006. suitable habitat conditions, and it is 2006, p. 14). The survey period was During the 2-year survey period, 26 unlikely that they would be occupied by initiated on April 10 in both survey distinct locations occupied by the island island marble butterflies in the future years, and was timed to commence with marble butterfly were documented. unless the rabbits were removed. Each the flight period of the three previous Based on these surveys and the efforts of these habitat types has been surveyed springs. Both surveys were conducted of interested landowners, we have and there have been no detections of until the flight period was finished, determined that up to five populations island marble butterflies. which was June 28, 2005, and June 17, may exist on the two islands. These One habitat that may be suitable, but 2006. Based on an analysis of potential populations are identified as: where we did not observe island marble habitat using Geographic Information (1) American Camp and vicinity, butterflies, is grassland bald habitat System (GIS) mapping, site visits, and which includes upland grassland (landforms with shallow soils, generally field verification during 2005 and 2006, habitat, lagoon, and sand dune habitat on south-facing, dry, often steep slopes we surveyed 85 to 90 percent of the located on southern San Juan Island. and dominated by herbaceous potential available island marble The American Camp population is made vegetation, dwarf shrubs, or mosses and butterfly habitat. up of lands managed by WDNR and NPS lichens) (WDNR 2006, p. 5). This habitat All surveys were conducted using an (566 acres (ac) (229 hectares (ha)) of is found on many of the islands, and Intuitive Controlled survey method occupied habitat), privately owned currently contains an assemblage of (Thomas and Carey 1996, p. 152), in lands managed as rural residential that food plants used as adult nectar sources which the surveyor walks at a leisurely are relatively highly developed (199 ac by the island marble butterfly. More speed (about 200 meters (m) per 10 (81 ha) of occupied habitat), and importantly, grassland balds may be an minutes), sweeping the grasses for privately owned lands managed as rural appropriate habitat for native mustards hidden butterflies and closely farm and forest (66 ac (27 ha) of such as rockcress (Arabis spp.), and examining specific areas of suitable occupied habitat). This population is particularly hairy rockcress (Arabis habitat. A thorough search is also made considered the core island marble hirsuta), a larval food plant (Guppy and in areas between suitable habitat and at butterfly population. Shepard 2001, p. 158). A. hirsuta is now the perimeter of the habitat patch. (2) The San Juan Valley uncommon on many of the San Juan The ability to detect the island marble subpopulation is located on privately County islands and was not observed in butterfly, as with most butterflies, owned lands managed for agricultural any location where we found island depends on the distribution and resources (33 ac (13 ha) of occupied marble butterflies. Despite our current availability of host plants for egg laying, habitat). lack of documented occupation, we larval development, and maturation to (3) The Northwest San Juan Island believe that more study is needed before adult stages. Island marble butterflies subpopulation is located on privately we can understand the value of were found only where the host owned lands managed as rural farm and grassland bald habitat to the island mustards were found. Recent research forest (6.5 ac (3 ha) of occupied habitat). marble butterfly.

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Population Size population), include an additional 294 herbicides, prescribed fire, and The known population size for island ac (118 ha) of occupied habitat (26 European rabbits may impact the island marble butterflies is probably less than percent of the total occupied habitat). marble butterfly in its current range on All subpopulations outside of the 500 butterflies, and possibly as low as San Juan and Lopez Islands of San Juan American Camp core population are 300 individuals, based on counts of County, Washington. small, and are found on mostly rural adult butterflies from transect farms that are actively managed by the Development information collected over multiple landowner and have suitable habitat Residential development occurs on years at American Camp, the core containing the larval food plants. both San Juan and Lopez Islands. In population. The transect counts Because small-scale farming regularly particular, the Cattle Point Estate and completed at American Camp disturbs the soil and creates habitat for Eagle Cove developments on private documented 270 adult butterflies in host plants, these farms provide suitable lands adjacent to NPS lands at 2004, and 194 adult butterflies in 2005. habitat for the butterfly. The pattern of American Camp threaten Island Marble Individual butterflies observed outside disturbances on public and private butterfly habitat and increase mortality transects were added to the transect properties are expected to ensure that a by increasing roads and traffic. These totals to give an estimate of the number mosaic of larval host plants and adult residential areas contain approximately of butterflies found at all American nectar sources will continue to be 199 ac (81 ha) of the habitat occupied Camp locations, including private and present within the core area for the by island marble butterfly, constituting public properties. butterfly and at dispersed locations on 18 percent of the total estimated The populations found on San Juan the islands. occupied habitat. Approximately 50 Island appear to display classic In coordination with the WDFW, the percent of the habitat at American Camp metapopulation dynamics where a core WDNR, and NPS, and with support from proper (566 ac (229 ha)), including the population exists (American Camp) Washington State University Extension NPS and WDNR lands will be managed with several outlier subpopulations Service, we held meetings with local in a natural condition, which is connected to it by migration (Ehrlich communities on San Juan and Lopez compatible with the conservation of the and Hanski 2004, p. 59). The peripheral Islands in March 2006. More than 50 island marble butterfly. subpopulations are made up of a few people attended these workshops, Development is occurring less rapidly individuals that become established during which the biology of the island to the north and west of American Camp periodically in suitable habitat as marble butterfly and conservation and on Lopez Island, where small, rural individuals disperse from the core, and actions that could be implemented to farms with pastures and low-density this habitat may or may not be occupied promote suitable habitat were private residences exist. Current at all times. Peripheral locations of discussed. These meetings provided management in these areas is island marble butterflies appear to be opportunities for surveying additional compatible with management of the connected to the core by habitat areas and provided habitat enhancement island marble butterfly habitat. These corridors that allow for dispersal and guidance for those landowners wanting areas contain about 361 ac (146 ha), colonization. to share in the conservation of the constituting 32 percent of habitat known During 2005 and 2006, when butterfly. to be occupied by island marble extensive searches were made to locate butterflies. new populations, we found individuals Summary of Factors Affecting the at only a few locations outside of the Species Road Construction core population at American Camp on Section 4 of the Act (16 U.S.C. 1533), A planned road relocation project by San Juan Island. Most of these locations and implementing regulations at 50 CFR the Federal Highway Administration had fewer than 5 adults, and one was part 424, set forth procedures for adding (FHA) will result in short-term adverse composed of only a few eggs and larvae. species to the Federal Lists of affects to the island marble butterfly. In 2006, new locations with individuals Endangered and Threatened Wildlife This project is planned for Cattle Point were found; however, no island marble and Plants. Under section 4(a) of the Road, the single access to American butterfly adults, eggs, or larvae were Act, we may list a species on the basis Camp, the Cattle Point Estates (a detected at several of the outlier of any of five factors, as follows: (A) The residential area east of American Camp), locations identified in 2005 (e.g., Lopez present or threatened destruction, and a WDNR parcel known as the Cattle School and other private land holdings). modification, or curtailment of its Point Natural Resource Conservation Area. The existing road, which covers Population Structure habitat or range; (B) overutilization for commercial, recreational, scientific, or about 3 ac (1 ha) is eroding. The The core population of the Island educational purposes; (C) disease or slumping (deep-seated rotational Marble butterfly at American Camp on predation; (D) the inadequacy of failure) of the sandy soil is displacing San Juan Island makes up the majority existing regulatory mechanisms; or (E) the high bluff directly below the current of the population. It contains as much other natural or manmade factors road grade. as 75 percent of the total population, affecting its continued existence. In Impacts of the road relocation could and 74 percent (832 ac (337 ha)) of the making this finding, information include temporary loss of as much as 13 habitat occupied by the island marble regarding the status of, and threats to, ac (5 ha) of island marble butterfly butterfly. The remaining island marble the island marble butterfly in relation to habitat due to road construction butterflies are dispersed in the five factors provided in section activities and clearing, and removal of subpopulations found on private lands 4(a)(1) of the Act follows. the subspecies’ larval food plants and on San Juan Island and in two adult nectar sources. Approximately 3 subpopulations on Lopez Island. These A. The Present or Threatened ac (1 ha) of habitat could be lost in the peripheral subpopulations comprise Destruction, Modification, or short term, if the preferred alternative is approximately 20 percent of the total Curtailment of Its Habitat or Range implemented. The NPS is planning to population. These peripheral Residential development, road restore the decommissioned area using subpopulations, along with isolated construction and decommissioning, native grasses and forbs (P. Dederich, individual areas (5 percent of the total road maintenance activities, the use of NPS Superintendent, pers. comm. 2006;

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NPS Pacific West Region Directive 063), Grassland Restoration establishment of mustards. Based on and as a result there would be no net Grassland restoration activities being discussions with us and other interested loss of habitat from the road relocation implemented by NPS to restore historic parties, NPS has agreed to implement over the long term. grassland conditions in San Juan Islands restoration activities at a time outside of Consistent with their resource National Historical Park (SJINHP) have the flight period of the island marble management policy, the NPS will improved habitat for island marble butterfly. In 2006, a year after the require the use of native grasses and butterflies. Nonnative vegetation experimental treatment, the grassland forbs for restoration of any disturbed targeted for removal includes pasture area was recovering and providing areas (NPS Management Policy 1988, grasses and woody shrubs. In 2005, NPS significantly higher-quality habitat for Section 4.4.1.2). The nonnative field implemented grassland restoration the island marble butterfly than was mustard and tumble-mustard, which are activities that included the planting of present prior to the management action. primary larval host plants and adult native species and the removal of More than 480 tumble-mustard plants were counted in May 2006, and nearly nectar plants of the island marble invasive vegetation through the 20 percent (91 plants) of the plants had butterfly in upland habitat, will likely application of herbicides and prescribed island marble butterfly eggs or larvae become established on the disturbed fire. Based on these activities, especially attached. This is approximately four ground because their plentiful seed will the successful combination of herbicide times the number of mustard plants germinate the first year after ground and prescribed fire at American Camp, found previously at this same location disturbance (mustards are generally we anticipate that long-term positive (T. Thomas, pers. observation, 2006). annual species with high seed effects of habitat restoration will Grassland restoration activities can production). significantly outweigh short-term have short-term detrimental effects to Construction of the road will require impacts. A more robust island marble the island marble butterfly; however, the completion of an Environmental butterfly population is expected as a they appear insignificant when Impact Statement (EIS) under the result of restoration activities due to an compared to the long-term benefits. National Environmental Policy Act (42 increase in the establishment of larval U.S.C. 4321 et seq.), and funding from food plants and native nectar sources, European Rabbits the FHA. No schedule for the EIS or and a reduction in competing weedy The European rabbit is a nonnative, expected funding was available at the forb vegetation and encroaching woody burrowing species common on San Juan time this notice was written. However, shrubs and trees. The results of the Island, and at American Camp in San based on information from the FHA, a restoration efforts implemented in 2005 Juan Island National Historical Park. draft EIS is expected by 2007. There at American Camp have produced high Hall (1977, p. 293) summarized the appears to be no island marble butterfly quality habitat for the island marble history of the European rabbit on San breeding habitat along the proposed butterfly, increasing by approximately Juan Island. Currently, more than 1,000 route for the Cattle Point highway four times the number of host plants in rabbits (Agee and West 2002, p. 3) realignment in the Park (Pyle 2006). the restoration area. consume all vegetation within While some individuals and host plants Herbicides have been used in small approximately 180 ac (73 ha) of may occur, the road-building planning experimental applications to test formerly grassland habitat at American process and construction may proceed methods for reducing the distribution Camp. However, the rabbit population with little likelihood of mortality to and spread of nonnative grasses at does not appear to be expanding, and these butterflies. American Camp. In July 2005, planning is underway by NPS to reduce Road Maintenance Activities herbicides were applied to its population size over time. approximately 3.7 ac (1.5 ha) of the 600 Adults, eggs, and larvae of the island ac (243 ha) of grassland habitat at Summary of Factor A marble butterfly were observed in 2005, American Camp (William Gleason, The core of the population at at the Fisherman’s Bay tombolo (a Chief, Resource Management, SJINHP, American Camp is protected from narrow beach landform that connects pers. comm. 2005). Herbicide treatment development. Road construction and the mainland to an island) on Lopez was followed by a prescribed fire on the maintenance activities are not Island. In July 2005, the habitat was same footprint of land. Because these considered to be current threats to the buried by sand by the road maintenance activities occurred prior to the end of island marble butterfly or its habitat. crews to make the vegetation less the flight period, they likely harmed Grassland restoration activities flammable for a July 4th fireworks eggs, larvae, and adult island marble (including herbicide treatments and display, likely killing any larvae or eggs butterflies that were utilizing the food prescribed fire) have shown success in that may have been present. When the plants and grassland ecosystem. While increasing habitat and host plants and larval food plants subsequently many of the plants occupied by larvae European rabbits do not appear to be a resprouted, they were mowed during were removed from the site prior to the threat to the subspecies. Thus, we have routine road maintenance, likely herbicide treatment by volunteers and determined that the present or removing habitat for eggs and larval NPS personnel and relocated elsewhere threatened destruction, modification, or development in 2006. This site was (Lambert 2005b, p. 11), some may have curtailment of the island marbled visited four times in 2005, and six times been missed because of the difficulty in butterfly’s habitat or range do not in 2006, and no adult butterflies, eggs, locating larvae. constitute a threat to the subspecies or larvae were observed. After The herbicide and prescribed fire such that listing under the Act is discussions with San Juan County treatments were conducted in a test area warranted. highway officials at the March 2006 as preparation for a larger scale workshop, and again in June 2006, the restoration project that NPS plans for B. Overutilization for Commercial, County agreed to address our concerns restoring the native grassland plant Recreational, Scientific, or Educational regarding their road maintenance community at American Camp. Purposes activities and management of habitat for Disturbances produced by the The NPS has not observed butterfly the island marble butterfly (Ruth herbicides and fire treatments also collecting at American Camp, or other Milner, WDFW, in litt. 2006) create suitable areas for the locations where the island marble

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butterfly is present. Under NPS relatively successful in concentrating The natural factors listed above likely regulations, the collection of living or the high-density development outside of do not significantly impact the island dead wildlife, fish, or plants, or the island marble butterfly population marble butterfly population. Therefore, parts or products thereof, is prohibited areas, and maintaining suitable habitat we have determined that there are no on lands under NPS jurisdiction on Lopez and San Juan Islands. other natural or manmade factors that without a permit (36CFR 2.1(a)(1)(i) and Based on the aforementioned threatened the island marble butterfly (a)(1)(ii)). A verbal request was made by regulatory protections, we have such that its listing under the Act is one individual for permission to collect determined that the inadequacy of warranted. this species (Rolfs, pers. comm. 2004). existing regulatory mechanisms does After discussions with conservation not constitute a threat to the island Finding partners, the individual agreed to marble butterfly such that listing under We assessed the best scientific and withdraw his request. Given the small the Act is warranted. commercial information available number of island marble butterflies that E. Other Natural or Manmade Factors regarding the threats faced by the island remain in the wild, any collection of Affecting Its Continued Existence marble butterfly. We have reviewed the butterflies is likely to increase its petition, information available in our extinction risk. However, at this time we Natural threats to the island marble files, and information submitted to us do not believe that overutilization for butterfly include the browsing of larval during the public comment period commercial, recreational, scientific, or food plants by deer, and impacts of following our 90-day petition finding educational purposes is a significant storm tides and tidal surges. (71 FR 7497; February 13, 2006). We threat to the island marble butterfly Recreational trail use was identified in also consulted with recognized butterfly such that listing under the Act is the petition as a threat; however, there experts, Federal and State resource warranted. is no evidence that this activity affects agencies, and non-governmental island marble butterflies. organizations with butterfly expertise, C. Disease or Predation Black-tailed deer (Odocoileus and we collected additional survey data. While predation by paper wasps columbianus) browse on larval food Actions that may impact island (members of the Ichneumonidae, plants and adult nectar plants at most marble butterflies include development Vespidae, and Thomisidae families) and locations occupied by island marble for housing, road construction, road by crab spiders (Diaea spp.) has been butterflies (Miskelly 2005, p. 16), but maintenance, collisions with vehicles, documented for the island marble the browsing does not appear to be at a storm and tidal surges that inundate and butterfly (A. Lambert, NPS Science Day level that significantly affects the bury habitat, herbivory of host plants by Conference, June 23, 2006), neither is butterflies. deer, loss of habitat to nonnative rabbits, considered to be a significant threat to On February 4, 2006, a storm event and succession of grassland habitat to the subspecies. with high tides and strong, gusty winds from the north created tidal surges in shrubs and trees. However, most, if not D. The Inadequacy of Existing Griffin Bay, and the coastal lagoon all, of these impacts are localized. Due Regulatory Mechanisms habitat of the island marble butterfly to the island marble butterfly’s reliance As mentioned previously in this was inundated with water. Logs that on nonnative mustard species that finding, under NPS regulations, the had been cast ashore in previous storms, experience resurgence after ground- collection of living or dead wildlife, and that provided anchors and structure disturbing activities, many temporary fish, or plants, or the parts or products for the establishment of vegetation, were ground-disturbing activities have short- thereof, is prohibited on lands under floated and displaced, and coarse term effects that do not appear to result NPS jurisdiction without a permit (36 sediments were deposited on the beach, in negative long-term impacts to CFR 2.1(a)(1)(i) and (a)(1)(ii)). burying food plants and winter population numbers or distribution. Washington State has designated the pupation sites for the island marble While the island marble butterfly island marble butterfly as a candidate butterfly. Approximately 5 percent of population has likely always been low species, and identified the species as the habitat available to the subspecies (having not been observed prior to critically imperiled in its was buried, killing any pupae that were 1998), the subspecies has evidently been Comprehensive Wildlife Conservation present. During the spring of 2006, present on San Juan Island, and possibly Strategy (WDFW 2005, pp. 219, 314, several adult island marble butterflies Lopez Island, for the past century. This 336–337). In this strategy, the WDFW were observed in this area (A. Lambert, persistence has occurred without identified several specific conservation pers. comm. 2006). Although the new deliberate management meant to sustain actions for island marble butterfly substrate, deposited in February 2006, the butterfly. This suggests that the management, including continuing to has become populated by a high density butterfly has managed to either persist search for new populations and of Puget Sound peppergrass (R.M. Pyle, as several small populations or as one monitoring known sites, and protecting pers. comm. 2006), no butterfly core population in the American Camp and restoring island marble butterfly reproduction was documented in the area for many years, with individual habitat. lagoon habitat during 2006, possibly butterflies migrating and establishing Under San Juan County’s Critical Area due to the timing of the revegetation, satellite populations elsewhere on San Ordinance, or San Juan County Code which occurred after the flight period of Juan Island and on Lopez Island. (SJCC 18.30.160.B2.c and SJCC the island marble butterfly. The tidal Long-term threats are limited to less 18.30.160.D.b.iv.), the County defers to surge was measured as a typical 5- to than 18 percent of the occupied area. State guidance for management 10-year event based on a 100-year The remaining 82 percent of the area recommendations for any State- record; however, the combination of occupied by the island marble butterfly designated priority habitat or species. tidal surge and wind gusts greater than is subject to short-term impacts that However, the comprehensive plan for 34 mph (54 km/h) created beach-altering typically result in increased habitat of San Juan County requires concentration conditions that were relatively non-native mustards through ground of development in specific areas and uncommon. We expect that this site will disturbance, and increased use by island maintains a rural farm landscape be colonized by island marble marble butterflies. This pattern of elsewhere on the islands. This has been butterflies in 2007. periodic disturbances is generally

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compatible with sustaining the DEPARTMENT OF COMMERCE all other information readily available in subspecies in the longterm. our files. We do not conduct additional National Oceanic and Atmospheric The current threats analysis supports research at this point, nor do we subject Administration a determination that listing the island the petition to critical review. Our ESA marble butterfly under the Act is not implementing regulations at 50 CFR 50 CFR Part 224 424.14(b)(1) define ‘‘substantial warranted. We will continue to assess information’’ as the amount of the status of the butterfly by working [Docket No. 060621175–6175–01; I.D. 101805A] information that would lead a with NPS, WDFW, conservation reasonable person to believe that the organizations, faculty and students from Endangered and Threatened Wildlife measure proposed in the petition may the University of Washington, the and Plants; 90–Day Finding for a be warranted. If the petition is found to Washington State University Extension Petition to List the Kennebec River present such information, the Secretary Service, and all private landowners with Population of Anadromous Atlantic of Commerce (Secretary) must conduct an interest in contributing to the Salmon as Part of the Endangered Gulf a status review of the involved species. conservation of this species. In addition, Of Maine Distinct Population Segment In making a finding on a petition to list we will continue to work with the NPS a species, the Secretary must consider on implementation of the Conservation AGENCY: National Marine Fisheries whether such a petition (i) clearly Agreement for the butterfly. Although Service (NMFS), National Oceanic and indicates the administrative measure we did not rely on efforts identified in Atmospheric Administration, recommended and gives the scientific this new agreement as a basis for our Commerce. and any common name of the species determination, we anticipate that these ACTION: Notice of 90–day petition involved; (ii) contains detailed narrative efforts will enhance the conservation of finding; request for information. justification for the recommended the subspecies. measure, describing, based on available SUMMARY: We, NMFS, announce a 90– information, past and present numbers Based on an analysis of the current day finding on a petition to list the and distribution of the species involved status and threats to the subspecies, we Kennebec River population of and any threats faced by the species; find that listing the island marble anadromous Atlantic salmon (Salmo (iii) provides information regarding the salar) as endangered under the butterfly under the Act is not warranted. status of the species over all or a Endangered Species Act (ESA) of 1973, We request that you submit any new significant portion of its range; and (iv) as amended. We find that the petition information concerning the status of or is accompanied by the appropriate presents substantial scientific or threats to this species to our Western supporting documentation in the form commercial information indicating that Washington Fish and Wildlife Office of bibliographic references, reprints of the petitioned action may be warranted. (see ADDRESSES section) whenever it pertinent publications, copies of reports This normally initiates a formal status becomes available. New information or letters from authorities, and maps (50 review, but as described below under will help us monitor the species and CFR 424.14(b)(2)). encourage its conservation. If an Summary of Previous ESA Actions, in this case, we and the U.S. Fish and In a petition submitted on May 11, emergency situation develops for this or 2005, Timothy Watts, Douglas Watts, Ed any other candidate species or species Wildlife Service (USFWS) had already initiated a status review of this and Friedman, and Kathleen McGee of concern, we will act to provide other populations, resulting in NMFS’ requested that we and the USFWS immediate protection. announcement of the completed status declare the Kennebec River population References Cited review report on September 22, 2006. of anadromous Atlantic salmon endangered under the ESA and DATES: The finding announced in this presented the following three main A complete list of all references cited document was made on November 14, areas of evidence to support their herein, as well as others, is available 2006. upon request from the Western request: (1) historic information on the Washington Fish and Wildlife Office FOR FURTHER INFORMATION CONTACT: presence of Atlantic salmon; (2) (see ADDRESSES section). Mary Colligan, NMFS Northeast Region, information on other native migratory 978–281–9116; or Marta Nammack, fish populations in the Kennebec; and Author NMFS Office of Protected Resources, (3) microsatellite DNA analysis of 301–713–1401, ext. 180. Atlantic salmon in the Kennebec. It is The primary author of this document SUPPLEMENTARY INFORMATION: the petitioners’ contention that historic is Ted Thomas, U.S. Fish and Wildlife observations of Kennebec River Atlantic Service, Western Washington Fish and Background salmon from the 18th century to the Wildlife Office (see ADDRESSES section). Section 4(b)(3)(A) of the ESA requires present demonstrate that there was no Authority that we make a finding on whether a period in the 19th and 20th centuries petition to list, delist, or reclassify a during which Atlantic salmon were The authority for this action is the species presents substantial information absent from the Kennebec River. The Endangered Species Act of 1973, as to indicate that the petitioned action petition states that populations of native amended (16 U.S.C. 1531 et seq.). may be warranted. To the maximum migratory fish species have also extent practicable, this finding is to be persisted in the Kennebec despite being Dated: November 3, 2006. made within 90 days of receipt of the subjected to the same environmental Marshall P. Jones, Jr., petition, and the finding is to be pressures as Atlantic salmon. The Acting Director, Fish and Wildlife Service. published promptly in the Federal petition also contends that [FR Doc. E6–19064 Filed 11–13–06; 8:45 am] Register. microsatellite DNA analysis of tissue BILLING CODE 4310–55–P In determining whether a petition samples from 180 wild Atlantic salmon contains substantial information, we captured in the Kennebec River by the take into account information submitted USFWS from 1994 to the present show with and referenced in the petition and that wild Kennebec River salmon are

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