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Home , Horkelia clevelandii, Pyrgus ruralis, Pyrgus ruralis lagunae, Quino checkerspot

Federal Register / Vol. 62, No. 11 / Thursday, January 16, 1997 / Rules and Regulations 2313

Change the 970.5204±52 Foreign travel. management practices; over-collection Clause at 48 date in the When foreign travel may be required and other human disturbance; and parentheses under the contract, insert the clause at naturally occurring events such as fire CFR Chap- following the to read ter 9 (DEAR) clause title 952.247–70. or weather extremes. This rule from implements Federal protection provided 970.5204±60 [Amended] by the Act for the Laguna Mountains 970.5204±12 (APR 1984) (JUL 1994) 28. Subsection 970.5204–60, Facilities and quino checkerspot 970.5204±15 (SEP 1991) (APR 1994) management, is amended by revising . 970.5204±16 (JAN 1991) (JUL 1991) the date ‘‘August 30, 1993’’ following EFFECTIVE DATE: January 16, 1997. 970.5204±17 (JUNE 1988) (JAN 1996) the clause title to read ‘‘(FEB 1997)’’ and 970.5204±18 (JUL 1991) (APR 1994) ADDRESSES: The complete file for this by deleting clause paragraphs (c), rule is available for public inspection, 970.5204±20 (JAN 1992) (AUG 1993) Maintenance Management, and (e), 970.5204±21 (APR 1984) (OCT 1995) by appointment, during normal business 970.5204±24 (APR 1984) (OCT 1995) Capital Assets Management. Paragraphs hours at the Carlsbad Field Office, U.S. 970.5204±26 (APR 1984) (SEP 1991) (d), Energy Management, and (f), Fish and Wildlife Service, 2730 Loker 970.5204±31 (JUL 1991) (APR 1994) Subcontract Requirements, are Avenue West, Carlsbad, 970.5204± (JUNE 1987) (APR 1994) redesignated as paragraphs (c) and (d), 92008. 33(a) and respectively. (b) [two FOR FURTHER INFORMATION CONTACT: Ms. places]. 970.7105 [Amended] Marjorie Nelson, Biologist, at the above 970.5204±35 (APR 1984) (JUL 1994) 29. Section 970.7105, Purchasing from address (telephone 619/431–9440). 970.5204±38 (APR 1984) (APR 1994) contractor affiliated sources, is amended SUPPLEMENTARY INFORMATION: 970.5204±41 (APR 1984) (APR 1994) in paragraph (a)(3) by deleting the 970.5204±43 (APR 1984) (APR 1994) parenthetical reference ‘‘(See Background 970.5204±45 (APR 1984) (OCT 1995) The Laguna Mountains skipper 970.5204±54 (JUL 1991) (APR 1994) 970.7101(c))’’. ( ruralis lagunae) is a small 970.5204±55 (JUL 1991) (APR 1994) [FR Doc. 97–938 Filed 1–15–97; 8:45 am] in the skipper family 970.5204±56 (JUL 1991) (APR 1994) BILLING CODE 6450±01±P 970.5204±57 (AUG 1992) (APR 1994) (Hesperiidae). It has a wingspan of 970.5204±61 (DEC 1993) (APR 1994) about 3 centimeters (cm) (1 inch (in.)) and is distinguished from the rural DEPARTMENT OF THE INTERIOR 970.5204±23 [Amended] skipper (P. ruralis ruralis) by extensive white wing markings that give adults, 23. Subsection 970.5204–23 is Fish and Wildlife Service amended in the introductory sentence particularly males, an overall by revising ‘‘970.2902’’ to read 50 CFR Part 17 appearance of white rather than mostly ‘‘970.2903’’. black, and by the banding patterns on RIN 1018±AC84 the hind wings (Scott 1981, Levy 1994). 970.5204±32 [Amended] The Laguna Mountains skipper is found Endangered and Threatened Wildlife 24. In subsection 970.5204–32 in montane meadow habitats. and ; Determination of paragraphs (a) and (b) are amended by The Laguna Mountains skipper is one Endangered Status for the Laguna revising the introductory text and of two recognized subspecies of the Mountains Skipper and Quino adding a heading immediately before rural skipper, . Scott Checkerspot Butterfly the clause text to read as follows: (1981) described P. ruralis lagunae from (a) In contracts with nonprofit AGENCY: Fish and Wildlife Service, a collection made in 1956 by F. Thorne contractors use the following clause: Interior. in the Laguna Mountains of San Diego Required Bond and Insurance—Exclusive of ACTION: Final rule. County, California, based upon Government Property (Nonprofit) (APR population isolation and color 1994) SUMMARY: The Fish and Wildlife Service differentiation. The Laguna Mountains * * * * * (Service) determines the Laguna skipper is restricted to the Laguna (b) In contracts with profit making Mountains skipper (Pyrgus ruralis Mountains and Mount Palomar in San contractors use the following clause: lagunae) and quino checkerspot Diego County. The other subspecies of butterfly (Euphydryas editha quino) to the rural skipper (P. ruralis ruralis) Required Bond and Insurance—Exclusive of be throughout their Government Property (Profit Making) (APR ranges from the mountains of British 1994) respective ranges in southwestern Columbia and Alberta, Canada, south to California and northwestern Baja the coast ranges and Sierra Nevada of * * * * * California, Mexico, pursuant to the central California, as well as Nevada, 970.5204±44 [Amended] Endangered Species Act of 1973, as Utah, and northern Colorado (Stanford 25. Subsection 970.5204–44, amended (Act). The Laguna Mountains and Opler 1993; John Brown, Dudek and Flowdown of contract requirements to skipper occupies montane meadow Associates, in litt., 1992) and has darker subcontracts, is amended by revising the habitats in a very restricted range within wings than the Laguna Mountains date following the clause title to read San Diego County, California. The quino skipper. ‘‘(FEB 1997)’’ and in clause paragraph checkerspot is locally distributed in Three other species in the genus (b)(11) ‘‘40 CFR part 60’’ is revised to sunny openings within chaparral and Pyrgus occur in San Diego County: the read ‘‘41 CFR part 60.’’ coastal sage shrublands in portions of common checkered skipper (P. Riverside and San Diego counties, communis), the small checkered skipper 970.5204±50 [Removed and Reserved] California, and northwestern Baja (P. scriptura), and the western 26. Subsection 970.5204–50, Cost and California, Mexico. These taxa are checkered skipper (P. albescens). The schedule control systems, is removed threatened by one or more of the Laguna Mountains skipper can be and reserved. following factors—loss and degradation distinguished from all three of these 27. Subsection 970.5204–52 is revised and fragmentation of habitat due to species by the whitish appearance of the to read as follows: grazing, urban development, and fire adults and the use of a single larval host 2314 Federal Register / Vol. 62, No. 11 / Thursday, January 16, 1997 / Rules and Regulations , clevelandii (Cleveland’s been seen in the Laguna Mountains identified as E. e. wrightii, thereby horkelia), in the rose family () since 1972 (J. Brown, in litt., 1992). confusing it with earlier taxonomic (Garth and Tilden 1986, Scott 1986). In Historically, the Mount Palomar treatments of the desert checkerspot, E. addition, the western checkered skipper populations were small compared to the chalcedona hennei (formerly ssp. quino) and southern California populations of populations in the Laguna Mountains. (Scott 1981). This error was rectified by the small checkered skipper are Only five specimens have been J. Emmel, based on a study of Behr’s restricted to desert areas (Garth and collected from Mount Palomar in this notes and available specimens (Allen Tilden 1986). century (J. Brown, in litt., 1992). Prior to 1990; Dennis Murphy, Stanford The Laguna Mountains skipper specimens collected in 1991 and the University, in litt., 1988). The genus population in the Laguna Mountains in additional populations found in 1994, Euphydryas is also referred to as San Diego County (J. Brown, in litt., the last known sightings from Mount Occidryas, but most authors retain the 1992) was not seen during a relatively Palomar were from 1980 and, prior to former name (Scott 1986, Harrison et al. extensive survey in 1994 (Levy 1994) that, from 1939 (Brown 1991; Levy 1988, Murphy 1990, Brown 1991). but was seen in 1995 (Jack Levy, pers. 1994; J. Brown, in litt., 1992). Adult quino checkerspot butterflies comm., 1995). Prior to that observation, The Laguna Mountains skipper is live from 4 to 8 weeks. The flight season it was last seen in the Laguna apparently bivoltine (two generations occurs from mid-January to late April Mountains in 1986 occupying a small per year). The adult flight season occurs and peaks between March and April. area along a fence in a U.S. Forest from April to May with a second smaller The eggs hatch in about 10 days and the Service (USFS) campground (Levy 1994; flight in late June to late July (Brown larvae begin to feed immediately. Fourth Murphy 1990; D. Hogan, San Diego 1991, Levy 1994). The Laguna instar (development stage) larvae enter Biodiversity Project, pers. comm., Mountains skipper may have evolved a an obligatory diapause as summer 1993;). The Laguna Mountains unique mechanism for coping with the approaches and their larval food plant population was estimated to consist of low daytime temperatures it encounters dries up. Extended periods of diapause fewer than 100 individuals (Murphy during its spring flight, which is may occur during times of drought (Greg 1990; Brown 1991; J. Brown, in litt., unusually early for butterflies in the Ballmer, University of California at 1992). Laguna Mountains (Brown 1991). It is Riverside, in litt., 1990). Post-diapause The Laguna Mountains skipper is assumed that the life history of the larvae develop through four more currently found at four sites in the Laguna Mountains skipper is similar to instars and then pupate to emerge as Mount Palomar region of San Diego that of the nominate subspecies (Pyrgus adults in the early spring (Murphy and County (Levy 1994). It was detected and ruralis ruralis), which diapauses White 1984). collected on Mount Palomar in 1991 by (maintains a state of suspended activity) The quino checkerspot is restricted to D. Lindsley (J. Brown, in litt., 1992: J. as a full grown and lives 10 to 20 open grassland and sunny openings Brown, pers. comm., 1993). Two days in the adult stage (J. Brown, in litt., within shrubland habitats of the interior additional populations were located in 1992). foothills of southwestern California and 1994 (Levy 1994). The largest of the The quino checkerspot, Euphydryas northwestern Baja California, Mexico Mount Palomar populations is estimated (=Occidryas) editha quino is a small (G. Ballmer, in litt., 1991). Like the to comprise 240 individuals (Levy member of the brush-footed butterfly Laguna Mountains skipper, its 1994). family (). It has about a 3 distribution is defined primarily by that Horkelia clevelandii is the larval host cm (1 in.) wingspan and is checkered of its larval host plant. The primary plant of the Laguna Mountains skipper. with dark brown, reddish, and larval food plant of the quino This plant occurs in meadows, under yellowish spots. It is one of 12 checkerspot is Plantago erecta (dwarf pines, and on granite in the Laguna, recognized subspecies of E. editha plantain) in the plantain family Cuyamaca, Palomar, and San Jacinto (editha checkerspot) (Miller and Brown (Plantaginaceae). However, the larvae Mountains of southwestern California 1981, Ferris 1989). The quino may also use Plantago ovata and and northwestern Baja California, checkerspot can be distinguished from exserta (owl’s-clover in the Mexico, from 1,200 to 2,500 meters (m) other subspecies of E. editha in that the figwort family (Scrophulariaceae)) (4,000 to 8,000 feet (ft)) in elevation quino checkerspot tends to be larger (White 1974; G. Ballmer, pers. comm., (Hickman 1993). Although the with redder wings, and the light spots 1993). These plants grow in or near distribution of a butterfly is primarily on the wings tend to be fewer and more meadows, vernal pools, and lake defined by the presence of its larval host discrete (Garth and Tilden 1986). This margins, and spread to upland shrub plant, the butterfly may be further taxon also looks similar to two other communities of sparse chaparral and restricted by other physiological or species of butterfly that occur within its coastal sage scrub. This butterfly is ecological constraints. The Laguna range. The Chalcedon checkerspot (E. generally found at sites where high Mountains skipper is currently found in chalcedona) is yellower and slightly densities of the host plants occur (J. a few open meadows of yellow pine larger, with sharper forewings, than the Johnson, in litt., 1989; David Hawks, forest between 1,200 and 2,000 m (4,000 quino checkerspot. Gabb’s checkerspot University of California at Riverside, in and 6,000 ft) in elevation. Historically, () is smaller than the litt., 1992) and at a variety of elevations this skipper may have occurred quino checkerspot and has orange rather from about sea level to about 900 m throughout the higher elevations of San than red markings (Orsak 1977). (3,000 ft). Within these areas, the quino Diego County (Murphy 1990; Brown The quino checkerspot was first checkerspot may be preferentially 1991; J. Brown, in litt., 1992). Murphy described in 1863 by Hans Herman selecting sites where exposure to winter (1990) reported that there were at least Behr, an entomologist with the sun is greatest (Weiss et al. 1987, Allen six populations of this taxon in the California Academy of Sciences in San 1990). These habitats, like the quino Laguna Mountains in the 1950’s and Francisco, as Melitaea quino, based on checkerspot, were once common along 1960’s; however, current information a specimen from coastal San Diego coastal bluffs, mesas, and inland indicates only one extant population. County. It was subsequently recognized foothills (Brown and Faulkner 1984). Until its rediscovery in 1983 by J. by Comstock (1927) as a full species of The quino checkerspot may have been Emmel and subsequent sightings in the genus Euphydryas. Euphydryas one of the most abundant butterflies in 1986 and 1995, this skipper had not editha quino was then inappropriately San Diego, Orange, and western Federal Register / Vol. 62, No. 11 / Thursday, January 16, 1997 / Rules and Regulations 2315

Riverside counties during the early part 1988, from Dr. Dennis Murphy of the Summary of Comments and of the 20th century (Murphy 1990). The Stanford University Center for Recommendations original range of the quino checkerspot Conservation Biology, to list the quino In the August 4, 1994, proposed rule extended as far south as Valle de la checkerspot butterfly (Euphydryas and associated notifications, all Trinidad in northwestern Baja editha quino) as endangered under the interested parties were requested to California, Mexico (Brown et al. 1992) Act. At the time the petition was submit factual reports or information and as far north as Point Dume in Los submitted, this taxon had not been seen that might contribute to the Angeles County (Allen 1990). Currently, for several years and was thought to be development of a final rule for the two only seven or eight populations are extinct. Extant populations of the quino butterfly taxa considered in this rule. known within the United States (the checkerspot were reported by Dr. Appropriate Federal and State agencies, lack of an exact count is due to Murphy in a letter dated August 1, 1991, county governments, scientific uncertainty as to whether sightings of which again requested the Service to organizations and authorities, and other very small numbers of butterflies in two consider the petitioned action. The interested parties were contacted and areas represent one or two populations). status of the quino checkerspot has been requested to comment. A notice All known extant populations in the announcing a public hearing and United States occur in southwestern under review by the Service since 1984 extension of the public comment period Riverside and north-central San Diego (May 22, 1984; 50 FR 37958) and it was was published in the Federal Register counties (G. Ballmer, in litt., 1990 and classified as a candidate on November 1991, pers. comm., 1994; D. Hawks, 21, 1991 (56 FR 58804), meaning that on September 26, 1994 (59 FR 49045). pers. comm., 1993; Marjorie Nelson, information in the Service’s possession Newspaper notices inviting public U.S. Fish and Wildlife Service was sufficient to support a proposal to comment were published in the (USFWS), pers. obs., 1994). One list it as endangered or threatened. following newspapers: San Diego Union-Tribune, Orange County Register, population near Upper Otay Lake in San The proposed rule for these two taxa and Riverside County Press-Enterprise. Diego County (D. Murphy, in litt., 1991) constituted the following findings—the was last seen in 1990. In 1996, a very A public hearing was held in Rancho final 12-month finding for the Laguna Bernardo, California, on October 19, small group of quino checkerspots was Mountains skipper that the petitioned sighted on Otay Mesa, but because of 1994, in conjunction with two other action is warranted; the 90-day finding proposals to list three taxa (San Diego the very limited amount of available that the petition for the quino host plant, this occurrence is not fairy shrimp, Cuyamaca Lake checkerspot butterfly presented downingia, and Parish’s meadowfoam), expected to persist beyond 1996 (J. substantial information that the action Brown, pers. comm., 1996). At least one and the comment period was extended may be warranted; and the final 12- population exists in Mexico, in the to October 31, 1994, to accommodate month finding for the quino checkerspot Sierra Juarez near Tecate (Brown 1991; additional comments. The transcript that the petitioned action is warranted. D. Murphy, in litt., 1991). Although no from this hearing is available for estimates of population sizes for the The proposed rule was published in the inspection (see ADDRESSES section). quino checkerspot are currently Federal Register on August 4, 1994 (59 The Service has reviewed the written available, all but three populations are FR 39868). and oral statements from the hearing known to comprise fewer than five The processing of this final rule and received during the comment individuals. conforms with the Service’s listing period. A total of 21 commenters (from priority guidance published in the 2 Federal entities and 19 organizations Previous Federal Action Federal Register on December 5, 1996 or individuals) submitted 33 comments. On June 3, 1991, the Service received (61 FR 64475). The guidance clarifies Thirty of the comments were either not a petition dated May 27, 1991, from Mr. the order in which the Service will relevant to this listing action or non- David Hogan of the San Diego process rulemakings following two substantive. The remaining comments Biodiversity Project to list four butterfly related events: 1) the lifting, on April provided additional information and/or taxa as endangered under the Act—the 26, 1996, of the moratorium on final were substantive comments. Two Laguna Mountains skipper (Pyrgus listings imposed on April 10, 1995 commenters submitted additional information, much of which has been ruralis lagunae), Hermes copper (Public Law 104–6), and 2) the (Lycaena hermes), Thorne’s hairstreak incorporated into this final rule. The restoration of significant funding for (Mitoura thornei), and Harbison’s dun issues raised by the other commenters listing through passage of the omnibus skipper (Euphyes vestris harbisoni). The are presented here. Issues of a similar budget reconciliation law on April 26, petition cited loss and degradation of nature were grouped from the comments 1996, following severe funding habitat, through various causes, as the received and are addressed below. major threat to these butterflies. On July constraints imposed by a number of Issue 1 12, 1993, the Service found that the continuing resolutions between petition contained substantial November 1995 and April 1996. The Several commenters stated that the information indicating that the guidance calls for giving highest priority listing of these butterflies as endangered requested action may be warranted for to handling emergency situations (Tier should be postponed until local multi- the Laguna Mountains skipper, but not 1) and second highest priority (Tier 2) species planning efforts are completed. for the other three butterflies. The latter to resolving the listing status of the They stated that these actions will finding was made because sufficient outstanding proposed listings. This final eliminate the need for listing by information was not available regarding rule falls under Tier 2. At this time there adequately providing for conservation the threats to, and biological are no pending Tier 1 actions. This rule while also permitting economic growth. vulnerability of, those taxa. An has been updated to reflect any changes Another commenter asserted that San announcement of these findings was in distribution, status and threats since Diego County multi-species efforts do published in the Federal Register on the effective date of the listing not adequately cover the taxa in this July 19, 1993 (58 FR 38549). moratorium. This additional rule. On September 30, 1988, the Service information was not of a nature to alter Service Response: Current regional received a petition dated September 26, the Service’s decision to list the species. multi-species planning efforts do not 2316 Federal Register / Vol. 62, No. 11 / Thursday, January 16, 1997 / Rules and Regulations provide sufficient protection for either impacts is unknown and the plan reason for decline of the Laguna taxon to preclude their listing under the cannot assure protection for this Mountains skipper, since the intensity Act. The Laguna Mountains skipper is species. A small group of quino of grazing on public lands has been not now covered by, nor currently being checkerspot was sighted in 1996 on reduced. considered for inclusion in, any local Otay Mesa within the MSCP planning Service Response: Based on multi-species plan because its area; however, because the amount of information provided by the petitioner distribution lies outside ongoing host plant available to this population is and obtained from lepidopterists, regional planning areas. very low, this population is not Horkelia clevelandii plants are stunted In 1991, the State of California expected to persist to 1997 (J. Brown, in areas that are grazed. As noted by established the Natural Communities and M. Singer, pers. comms., 1996). The Levy (1994), Horkelia is an important Conservation Plan (NCCP) program to north-central San Diego County site is nectar source and the loss of flowers to address conservation needs throughout not included in any multi-species grazing would impact the reproductive the State. The focus of current planning planning efforts. Only one of the success of adult Laguna Mountains programs is the coastal sage scrub Riverside County quino checkerspot skippers. The decline of the Laguna community in southern California, populations occurs within the core Mountains skipper has occurred over a although other vegetation communities reserve areas designated in the approved number of decades, with much of the are being addressed in an ecosystem- Stephens’ Kangaroo Rat Habitat decrease occurring prior to acquisition level approach. The NCCP for the Conservation Plan (RCHCA 1995). The of the land by a Federal agency. Central and Coastal Subregion of Orange quino checkerspot apparently will be Additionally, as is stated in the County, signed into agreement on July considered in the western Riverside ‘‘Background’’ section, butterflies are 17, 1996, currently identifies the quino County multi-species planning effort; frequently more restricted than their checkerspot as a ‘‘conditionally covered however, this plan has not yet been larval host plant due to other ecological species;’’ however, the butterfly is not prepared, funded, or approved for requirements. Given these currently known to be extant within the implementation. considerations and the extreme rarity of planning area. The species coverage The Service does not presently have this taxon, any incidental trampling or under the plan is conditional because reasonable evidence that conservation predation by cattle could significantly quino checkerspot surveys have not plans being implemented or developed impact the taxon. been conducted within the planning will adequately conserve either butterfly area and newly discovered populations within their historic ranges. These taxa Issue 4 may have long-term conservation value. would receive no legal protection while One commenter stated that there are If quino checkerspots are found within plans are being developed. For reasons more areas of Horkelia that are not the Central and Coastal Subregion of explained under ‘‘Summary of Factors grazed than was stated in the proposed Orange County, participating Affecting the Species’’ below, sufficient rule. landowners are permitted to ‘‘take’’ threats remain for the Service to justify Service Response: The information quino checkerspots, incidental to a listing action. submitted by the commenter was otherwise lawful activities, that occur in incorporated into the ‘‘Background’’ and small and/or satellite populations, Issue 2 ‘‘Summary of Factors Affecting the reintroduced populations, or Two commenters submitted Species.’’ Subsequent to an analysis of populations that have expanded due to information on three additional the relevant maps provided by a reserve system management. To offset populations of Laguna Mountains commenter, the Service concludes that any such take, a mitigation plan to be skipper at Mount Palomar and the majority of Horkelia clevelandii developed in coordination with the speculated that the Laguna Mountains within the range of the Laguna Service, California Department of Fish skipper has been extirpated from the Mountains skipper appears to be grazed. and Game (CDFG), and a non-profit Laguna Mountains. In addition, the Service concludes that corporation will oversee management of Service Response: The Service the areas currently not subject to grazing the subregional reserve system. That acknowledges the efforts by the were nonetheless previously grazed. mitigation plan would (1) minimize commenters to further determine the Issue 5 impacts and provide appropriate distribution and abundance of the feasible protection for the quino Laguna Mountains skipper. The Two commenters stated that the checkerspot, (2) provide for habitat information submitted was used in the Laguna Mountains skipper has an restoration/enhancement for the ‘‘Background’’ section above and the ecological need for habitat disturbance. butterfly; and (3) provide for monitoring following ‘‘Summary of Factors Historically, this disturbance may have and adaptive management of quino Affecting the Species.’’ The Service has been due to a periodic fire regime. checkerspots and their habitat within determined that, although additional However, one of the commenters the reserve system. No ‘‘take’’ is populations have been found, the maintained that grazing represents a authorized under the permit for those Laguna Mountains skipper is still an substitute for that fire disturbance. populations that are considered to be extremely rare butterfly threatened by a Service Response: Livestock grazing essential to the butterfly’s conservation. number of complex factors. As does not replicate the type of Other planning efforts do not address demonstrated by the sightings in 1995, disturbance that a fire would bring. the quino checkerspot, or may include this butterfly is not completely Highly managed livestock grazing may the butterfly but have not been extirpated from the Laguna Mountains. be adequate to maintain populations of completed. The quino checkerspot may However, failure to locate the taxon in the host plant, Horkelia clevelandii; be addressed by a planning effort the Laguna Mountains during extensive however, this plant is also a preferred underway in southern Orange County; 1994 survey efforts by Levy indicates fodder for livestock (Levy 1994). however, the target species list has not extremely low population numbers. Additionally, the Laguna Mountains yet been determined. San Diego’s Draft skipper is currently found in five areas, Multi-species Conservation Plan (MSCP) Issue 3 only two of which are grazed. The does not include quino checkerspot as One commenter questioned the extent largest grazed habitat occupied by a covered species because the risk of to which livestock grazing is the main skippers is on both private and public Federal Register / Vol. 62, No. 11 / Thursday, January 16, 1997 / Rules and Regulations 2317 land, but the intensity of grazing has threatened with destruction, management of the Laguna Mountains been reduced on the public land. modification, and curtailment. The skipper has yet to be developed. Another population is in a campground Laguna Mountains skipper and the Fifty to seventy-five percent of the where habitat extends onto a grazing quino checkerspot currently occur known range of the quino checkerspot allotment; the pasture closest to the within very restricted ranges and are has been lost since 1900 due to habitat campground is grazed one month per extremely localized in their present degradation or destruction (Brown year. A third population is found in a distributions. The habitat requirements 1991). Sunny openings within chaparral finger of a meadow, across a road from, for these two are primarily and coastal sage scrub occupied by the but not in, the grazed portion of the defined by their larval host plants. The quino checkerspot have been degraded meadow. removal or degradation of these plants, by grazing and, to a lesser degree, Grazing as a management tool for as well as that of nectar sources for destroyed by urban development. The butterflies must be carefully assessed adults, leads to the elimination of the primary larval food plant, Plantago and monitored for each butterfly species affected population. erecta, can be displaced by exotic plants and a general statement cannot be made In the case of the Laguna Mountains that invade once the ground is disturbed regarding its effectiveness as a substitute skipper, Horkelia clevelandii is itself a by discing, grading, and/or grazing (J. for fire. It is conceivable that if the rare species and is only found in the Johnson, in litt., 1989; G. Ballmer, in numbers of Laguna Mountains skipper Laguna, Cuyamaca, and San Jacinto litt., 1990). The host plant then were higher, there would be a greater Mountains of southwestern California, recolonizes in sites where grasses do not tolerance for certain schedules and and in northwestern Baja California, grow well, like cattle trails and road intensities of livestock grazing. Mexico (Hickman 1993). Historic habitat edges, where quino checkerspot larvae However, because the taxon’s numbers destruction and degradation from are subject to trampling (D. Hawks, pers. are currently extremely low, the impacts overgrazing and trampling of H. comm., 1993). of trampling and incidental predation clevelandii by domestic cattle is The encroachment of urban from livestock grazing would likely be considered to be the primary factor development in rural Riverside County potentially threatens two of the largest significant. Currently there is no responsible for its decline (Murphy populations of quino checkerspot. This empirical evidence that the Laguna 1990; D. Hogan, in litt., 1991; J. Brown, area is growing rapidly and is projected Mountains skipper can tolerate grazing. in litt., 1992). The Service solicited the expert to be fully developed within the decade Currently three of the five localities of opinions of seven appropriate and (Monroe et al. 1992). One population is Laguna Mountains skipper are not independent specialists regarding in an area that is included in a local subject to livestock grazing. The fourth pertinent scientific or commercial data community plan that provides for population occurs in the Laguna and assumptions relating to the subdivision of parcels into 9-hectare Mountains, in a campground area of the and biological and ecological (ha) (20-acre (ac)) lots (M. Freitas, in Cleveland National Forest bordering a information for these two taxa. The litt., 1993). Another population is on the grazing allotment (Murphy 1990; D. response received provided additional site of an approved preliminary map for Hogan, pers. comm., 1993). The fifth is data that have been incorporated into a housing development. The loss of on a grazing allotment, with habitat that this final rule. these two populations is likely to extends onto private lands. Although preclude survival and recovery of the Summary of Factors Affecting the the magnitude of livestock grazing on taxon. Species this allotment has been reduced, any The quino checkerspot population in After a thorough review and impacts from grazing would likely have southern San Diego County may be consideration of all information a significant effect on the taxon due to threatened by a proposed urban available, the Service has determined the small numbers of Laguna Mountains development project on Otay Mesa. The that the Laguna Mountains skipper skippers. preferred alternative for the Otay Ranch ( J. Scott) and If there were greater numbers of New Town Plan (the largest planned quino checkerspot butterfly individuals and more populations, the community in the southwestern U.S.) (Euphydryas editha quino Behr) should Laguna Mountains skipper might be would result in the loss of 5,600 ha be classified as endangered species. able to tolerate certain levels and timing (14,000 ac) of upland shrub Procedures found at section 4 of the of livestock grazing. However, given the communities, or about 52 percent of the Endangered Species Act (16 U.S.C. low numbers of this butterfly, any extent of the plant communities within 1531) and regulations (50 CFR part 424) impacts to its habitat would be the project area. The effects of this promulgated to implement the listing significant. The grizzled skipper (Pyrgus project on the recently observed quino provisions of the Act were followed. A malvae) in England is able to tolerate checkerspot population on Otay Mesa species may be determined to be an grazing at a highly managed level (Levy are not known at this time but are likely endangered or threatened species due to 1994). The rare Dakota skipper to be significant. one or more of the five factors described (Hesperia dacotae) is sensitive to even Additional development is expected in section 4(a)(1). These factors and light grazing (Royer and Marrone 1992, to further reduce and degrade habitat of their application to the Laguna Moffat and McPhillips 1993). Some the quino checkerspot through Mountains skipper and the quino species of butterflies have habitat construction of homes and roads, and checkerspot are as follows. requirements that need a managed increases in fire frequencies, grazing scheme whereas others have unauthorized trash dumping, and the A. The Present or Threatened habitat that recovers with reduced distribution and abundance of exotic Destruction, Modification, or grazing. However, previous studies plants. An existing recreational vehicle Curtailment of its Habitat or Range indicate that the use of grazing as a park and marina in the vicinity of quino The habitats and the ranges of the two management tool for butterflies must be checkerspot habitat attracts taxa listed in this rule have been done carefully and at low intensities unauthorized use of off-road vehicles substantially reduced by urban and (Kulfan 1990, Thomas et al. 1992, (ORV’s) within natural habitat areas. agricultural development and Moffat and McPhillips 1993, Thomas ORV’s increase erosion and fire hazards recreational activities, and are further and Jones 1993). A grazing plan for and destroy habitat by creating trails. 2318 Federal Register / Vol. 62, No. 11 / Thursday, January 16, 1997 / Rules and Regulations

Evidence of ORV use is apparent at one when they are depleting already pers. comm., 1994). Argentine ants of the quino checkerspot localities, substantially reduced butterfly colonies (Iridomyrmex humilis) are also a where a recently created dirt road below the thresholds of survival and/or potential predator that co-occur with bisects the center of the habitat (G. recovery, especially when they lack earwigs and sowbugs. The number of Ballmer, in litt., 1991). Quino appropriate biological training or visit these introduced predators is expected checkerspot habitat at this locality has the area for a short period of time to increase with the spread of also been disced in part; these disturbed (Collins and Morris 1985). development because these exotics areas no longer support this taxon, An additional significant threat to the thrive in irrigated horticultural while the surrounding undisturbed survival of both taxa in this rule is the environments which may be adjacent to areas do (G. Ballmer, in litt., 1991). potential for vandalism by landowners natural quino checkerspot habitat. Bureau of Land Management (BLM)- who may view the presence of sensitive In general, outbreaks of disease or administered lands and USFS species as an obstacle to development. parasitism are more likely to occur Wilderness Areas are currently The habitat of the largest and densest under conditions of high population contiguous with some privately owned quino checkerspot population in densities. The Laguna Mountains quino checkerspot habitat. As Riverside Riverside County was deliberately skipper occurs in low population County becomes more densely disced in 1984 or 1985 to eliminate the densities; most populations of the populated, and these privately owned population (J. Johnson, in litt., 1989). Quino checkerspot also occur at low parcels are developed, fragmentation densities. Although specific parasites C. Disease or Predation and degradation of this contiguous are unknown for the Laguna Mountains habitat is expected. Disease is not known to be a factor skipper and the quino checkerspot, affecting the taxa listed in this rule. Johnson (in litt., 1989) suggests that B. Overutilization for Commercial, There are no documented observations under certain conditions, parasitism can Recreational, Scientific, or Educational of predation on the Laguna Mountains eliminate a butterfly colony by building Purposes skipper. However, the CDFG has the parasite load of a population, thus Over-collection is a potential threat to released and is proposing to continue contributing to the crash of that both the Laguna Mountains skipper and releasing wild turkeys in the Palomar population. This cycle can only the quino checkerspot because of their and Descanso Ranger Districts of the continue if the affected area is value to butterfly collectors. There is an Cleveland National Forest for the recolonized by butterflies, which may extensive commercial trade for many purposes of recreational hunting. be unlikely when the host-butterfly imperiled or rare butterflies (Chris Alternative release sites are within population is small, fragmented, and Nagano, John Mendoza, and Cindy historic Laguna Mountains skipper isolated. However, if alternative parasite Schroeder, USFWS, pers. obs., 1992– habitat and upstream from occupied hosts exist in areas occupied by the 95). Johnson (in litt., 1989) has noted habitat. Wild turkeys feed mostly on butterflies, populations of parasites can that as the number of quino checkerspot wild oats, , and acorns. During its be maintained on those alternative hosts colonies is reduced, lepidopterists may first four weeks, 60 to 90 percent of a in sufficient numbers to affect butterfly collect individuals in order to include young turkey’s diet consists of populations. rare species in their collections and to food, primarily insects. The adult diet obtain surplus specimens for exchange consists of 15 to 25 percent animal food D. The Inadequacy of Existing or sale to other collectors. The and turkeys are known to eat moth Regulatory Mechanisms remaining populations of the quino larvae (CDFG 1994). The Laguna Existing regulatory mechanisms that checkerspot and the Laguna Mountains Mountains skipper is also threatened by could provide some protection for both skipper continue to be threatened by incidental predation from livestock the Laguna Mountains skipper and the over-collection. grazing. The host plant is palatable to quino checkerspot include: (1) listing In the spring of 1993, populations of grazers (Levy 1994) and any feeding under the California Endangered the quino checkerspot were the subject larvae could be incidentally eaten and/ Species Act; (2) adequate consideration of collections for voucher specimens or trampled. This is a significant impact under the California Environmental and captive-rearing (D. Hawks, pers. to the low population numbers of the Quality Act (CEQA) and the National comm., 1993). Although there are no Laguna Mountains skipper. Environmental Policy Act (NEPA); (3) studies of the impact of the removal of There is evidence that predation is a local laws and regulations; (4) individuals on natural populations of threat to the quino checkerspot. occurrence with other species protected either of the butterfly taxa in this rule, Preliminary studies (D. Hawks, pers. by the Federal Endangered Species Act; related studies of another endangered comm., 1993; G. Ballmer, pers. comm., and (5) land acquisition and nymphalid butterfly (Gall 1984a and 1994) indicate that predation has management by Federal, State, or local 1984b) and a lycaenid butterfly (Duffey contributed to the decline of the quino agencies, or by private groups and 1968) suggest that the two taxa in this checkerspot at sites where habitat has organizations for the conservation of rule could be adversely affected given been invaded by non-native plant these taxa. the isolation of their apparently small species, which may also harbor Neither of the taxa in this rule is populations. Collecting from small predatory . Sites within under consideration for listing under colonies or repeated handling and historical quino checkerspot habitat that the California Endangered Species Act. marking (particularly of females or in have been heavily invaded by The CDFG is unable to protect insects years of low abundance) could seriously Mediterranean plant species also have under its current regulations (Pete damage the populations through loss of high sowbug (Armadillidium sp. and Bontadelli, CDFG, in litt., 1989). individuals and genetic variability Porcellio sp.) and earwig (Euborellia The status of and threats to the (Singer and Wedlake 1981, Gall 1984b, annulipes and Forficula auricularia) Laguna Mountains skipper and the Murphy 1988). Collecting females densities. Sowbugs and earwigs prey quino checkerspot, as discussed above, dispersing from a colony can also upon butterfly eggs. These predators are reflect the failure of CEQA, NEPA, and reduce the probability that new colonies absent from natural sites currently local laws and regulations to protect and will be founded. Collectors pose a threat occupied by the quino checkerspot (D. provide for the conservation of these because they may be unable to recognize Hawks, pers. comm., 1993; G. Ballmer, taxa. Although there are several regional Federal Register / Vol. 62, No. 11 / Thursday, January 16, 1997 / Rules and Regulations 2319 conservation planning efforts underway Mexico (Allen 1990) and any protection environmental variability. The quino within the range of the quino afforded to these populations does not checkerspot’s dispersal capabilities vary checkerspot, they have either not been insure the survival of the taxon. considerably depending upon rainfall completed, approved, funded, or patterns and the resulting availability of E. Other Natural or Man-Made Factors implemented, or they have not provided adult nectar sources and larval food Affecting its Continued Existence adequate protection for this taxon. plants. For example, a San Diego County The Service is not aware of any The extremely restricted range, population of the quino checkerspot overlap in distribution between the localized distribution, and small exhibited an increase in numbers as a Laguna Mountains skipper and any population size of the Laguna result of favorable weather (Murphy and State or federally listed animal species. Mountains skipper and the quino White 1984). The greater number of At one or two localities it may overlap checkerspot make them vulnerable to larvae defoliated the larval food plants. with Parish’s meadowfoam (Limnanthes the effects of habitat loss, degradation This central core area was left without gracilis ssp. parishii), currently and fragmentation, especially with sufficient egg-laying sites for females, proposed for Federal listing as regard to naturally occurring events and adults dispersed greater distances threatened (59 FR 39879). However, the (e.g., see Gilpin and Soule 1986). For in search of additional suitable habitat. listing of a plant does not afford the example, several populations of the Ideally these dispersing adults would same level of protection as the listing of butterflies listed in this rule are known have found marginally suitable areas an animal (16 U.S.C. 1538 (a)) and the to consist of fewer than 5 to 15 and in subsequent generations would coincidental protection of the Laguna individuals. The occurrence of even one have returned to a central core area. In Mountains skipper would be minimal at of the following naturally occurring this case, the mass dispersal failed to best. At some localities, the quino events could easily extirpate these restore populations in previously checkerspot co-occurs with the coastal populations. occupied habitat, and the butterflies California gnatcatcher (Polioptila Although both butterflies occur in have not re-colonized the original site californica californica), a federally fire-adapted ecosystems, a single fire (Murphy and White 1984; Murphy, in listed threatened species, and Stephens’ event could eliminate affected litt., 1988). kangaroo rat (Dipodomys stephensi), a populations. Orsak (1977) reported that Habitat fragmentation can affect the federally listed endangered species. a quino checkerspot population near genetic heterogeneity of small isolated However, the habitat requirements for Hidden Ranch, Black Star Canyon in the populations like those of the Laguna the quino checkerspot are different from Santa Ana Mountains of Orange County Mountains skipper and the quino either the coastal California gnatcatcher was apparently destroyed by a fire in checkerspot. A basic principle of or Stephens’ kangaroo rat. Additionally, 1967. The quino checkerspot may be genetics states that small, fragmented the Stephens’ Kangaroo Rat Habitat extirpated from Orange County. populations are subject to a higher Conservation Plan (HCP) for western Fire may be a necessary component frequency of genetic drift and Riverside County provides protection for the maintenance of Laguna inbreeding. As a consequence, genetic for only one population of the quino Mountains skipper habitat. The variation of the population and checkerspot (RCHCA 1995). The NCCP/ diversity of montane meadow habitats individual heterozygosity is decreased. HCP for the Central and Coastal may be fire-dependent, including the That can lead to inbreeding depression Subregion of Orange County may skipper’s larval host plant (Levy 1994). and lowered fitness of individuals. Low potentially provide some protection for Historically, the skipper may have genetic diversity may decrease the the quino checkerspot; however, the experienced local extirpations and ability of a species to adapt to changing butterfly is not known to be extant recolonizations following local fire environmental conditions. Genetically within the planning area and systematic events. However, the present homogenous populations may be at a surveys are lacking. The quino discontinuity and low population greater risk of extinction from checkerspot is not considered numbers would not enable the Laguna environmental or demographic adequately conserved by the MSCP in Mountains skipper to tolerate local variability (e.g., from fire or drought San Diego County. extirpations due to fire. events) than are large, diverse Some protection is afforded to the Periodic droughts, like those that have populations that can more readily Laguna Mountains skipper on USFS occurred in recent years in recover from such events. For example, land. Considering the small population southwestern California, can adversely variation in the length of diapause size and extremely limited distribution affect both of the taxa in this rule. among butterfly offspring requires of the Laguna Mountains skipper, this Drought is known to decrease numbers genetic heterogeneity (Seger and protection is insufficient to conserve the of butterflies (Thorne 1963). In addition Brockman 1987). If a population is taxon. In the case of the quino to killing larvae by desiccation, drought variable in diapause length, it has a checkerspot, some protection may be conditions may (1) cause the early lower risk of losing an entire cohort to provided to one population by its senescence or death of the larval host adverse environmental conditions occurrence, in part, on BLM land in plant prior to completion of larval during any given season. Individuals Riverside County. However, this Federal development or (2) lower the nutritional with prolonged diapause may survive if land is currently subject to ORV activity quality of the host plant (e.g., water drought causes high mortality during (G. Ballmer, in litt., 1991). content). Drought can also reduce the the next season. A large population or No specific regulations protect the quantity and quality of adult nectar metapopulation can maintain the quino checkerspot in Mexico. However, sources. Larval starvation and genetic heterogeneity needed to all hunting and export of wildlife in extirpation of local populations during maintain the population during these Mexico is prohibited, except under periods of drought have been kinds of events, but small, isolated permit (Fuller and Swift 1984; documented for Euphydryas editha populations cannot. Secretaria de Agricultura y Ganaderia, (White 1974, Ehrlich et al. 1980). Interconnected populations can act as Subsecretaria y de la Fauna, The quino checkerspot is somewhat reservoirs to maintain other populations Departmento de Conservation de la adapted to unpredictable weather that may be subject to periodic Fauna, undated). Little is known of the patterns but requires sufficient patches extirpation (Murphy and White 1984, status of the isolated populations in of suitable habitat to respond to this Harrison et al. 1988). If a naturally 2320 Federal Register / Vol. 62, No. 11 / Thursday, January 16, 1997 / Rules and Regulations occurring event eliminates a population by a species at the time it is listed, upon is composed of so few individuals that of either of these taxa, few, if any a determination that such areas are the determinations for jeopardy to the neighboring populations are available to essential for the conservation of the species and adverse modification of recolonize the area. No information is species. ‘‘Conservation’’ means the use critical habitat would be similar. available regarding the dispersal of all methods and procedures needed Therefore, designation of critical habitat abilities of the Laguna Mountains to bring the species to the point at provides no benefits beyond those that skipper. The sedentary behavior of the which listing under the Act is no longer these taxa would receive by virtue of quino checkerspot decreases the necessary. their listing as endangered species, and probability that natural, long-distance Section 4(a)(3) of the Act, as would likely increase the risk of threat dispersal could re-establish most amended, and implementing regulations from collecting or other human extirpated local populations. (50 CFR 424.12) require that, to the activities. The Service concludes that The Service has carefully assessed the maximum extent prudent and the designation of critical habitat for the best scientific and commercial determinable, the Secretary designate Laguna Mountains skipper and the information available regarding the past, critical habitat at the time the species is quino checkerspot is not prudent at this present, and future threats faced by determined to be endangered or time. these two taxa in determining to make threatened. The Service finds that this rule final. Based on this evaluation, designation of critical habitat is not Available Conservation Measures the Service finds that the preferred prudent for the Laguna Mountains Conservation measures provided to action is to list the Laguna Mountains skipper and the quino checkerspot at species listed as endangered or skipper (Pyrgus ruralis lagunae) and the this time. Service regulations (50 CFR threatened under the Act include quino checkerspot (Euphydryas editha 424.12(a)(1)) state that designation of recognition, recovery actions, quino) as endangered. The range and critical habitat is not prudent when one requirements for Federal protection, and habitat of these taxa has been or both of the following situations prohibitions against certain practices. substantially reduced by historical exist—(1) The species is threatened by Recognition through listing results in activities associated with urban and taking or other human activity, and public awareness and conservation agricultural development and identification of critical habitat can be actions by Federal, State, and local recreational activities. These two taxa expected to increase the degree of such agencies, private organizations, and are threatened by one or more of the threat to the species, or (2) such individuals. The Act provides for following factors—habitat alteration and designation of critical habitat would not possible land acquisition and destruction resulting from urban and be beneficial to the species. cooperation with the States and requires agricultural development, grazing, fire Publication of precise maps and that recovery actions be carried out for management practices, over-collection, descriptions of critical habitat for the all listed species. The protection recreational activities, and displacement quino checkerspot and the Laguna required of Federal agencies and the of the larval host plant by exotic Mountains skipper could result in prohibitions against taking and harm are species. The extremely restricted range, increased collection of specimens by discussed, in part, below. localized distribution, and small collectors. The commercial trade in rare Section 7(a) of the Act, as amended, population size of both butterflies butterflies could increase demand for requires Federal agencies to evaluate makes them very vulnerable to these taxa once they are listed as their actions with respect to any species extinction by the factors listed above as endangered and critical habitat maps that is proposed or listed as endangered well as by naturally occurring events could lead unscrupulous collectors to or threatened and with respect to its such as fire and drought. For these endangered populations. Additional critical habitat, if any is being reasons, the Service finds that the through trampling, designated. Regulations implementing Laguna Mountains skipper and the discing, grading, and vandalism could this interagency cooperation provision quino checkerspot are in imminent result as well. As discussed above under of the Act are codified at 50 CFR part danger of extinction throughout all or a Factor B in ‘‘Summary of Factors 402. Section 7(a)(1) requires Federal significant portion of their ranges. Affecting the Species,’’ habitat for one of agencies to use their authorities to Threatened status would not accurately the largest quino checkerspot colonies further the purposes of the Act by reflect the diminished status and the was graded in Riverside County to carrying out programs for listed species. threats to these taxa. Other alternatives deliberately eliminate that population, Section 7(a)(2) of the Act requires to this action were considered but not and a number of quino checkerspot Federal agencies to insure that activities preferred because not listing these taxa colonies have been subject to collection. they authorize, fund, or carry out are not would not provide adequate protection The additional protection provided by likely to jeopardize the continued and would be inconsistent with the the designation of critical habitat to a existence of the species. If a Federal purposes of the Act. Critical habitat is species would be provided through action may affect a listed species, the not being proposed for these taxa for the section 7 of the Act. Section 7(a) of the responsible Federal agency must enter reasons discussed below. Act, as amended, requires Federal into formal consultation with the agencies to evaluate their actions with Service. Critical Habitat respect to any species that is proposed Federal agencies expected to have Critical habitat is defined in section 3 or listed as endangered or threatened involvement with the Laguna of the Act as: (i) the specific areas and with respect to its critical habitat, Mountains skipper and the quino within the geographical area occupied if any is being designated. Section checkerspot include the USFS and BLM by a species, at the time it is listed in 7(a)(2) requires Federal agencies to due to the presence of habitat and accordance with the Act, on which are insure that activities they authorize, populations within their jurisdiction. found those physical or biological fund, or carry out are not likely to The Laguna Mountains skipper occurs features (I) essential to the conservation jeopardize the continued existence of on private and State-owned land as well of the species and (II) that may require such a species or destroy or adversely as USFS lands. The quino checkerspot special management considerations or modify its critical habitat. The two taxa mostly occurs on privately owned lands protection; and (ii) specific areas in this rule are confined to small with little or no Federal involvement, outside the geographical area occupied geographical areas, and each population although the BLM owns a portion of one Federal Register / Vol. 62, No. 11 / Thursday, January 16, 1997 / Rules and Regulations 2321 site. The USFS is currently conferencing the final regulation adding these taxa to Assessments and Environmental Impact with the Service under section 7 of the the list of endangered species; Statements, as defined under the Act in order to address grazing impacts (2) Roadkills or injuries by vehicles authority of the National Environmental within the Cleveland National Forest on on designated public roads; Policy Act of 1969, need not be both the Laguna Mountains skipper and (3) Normal, authorized recreational prepared in connection with regulations quino checkerspot. activities in designated campsites and adopted pursuant to section 4(a) of the The Act and its implementing on authorized trails. Endangered Species Act of 1973, as regulations found at 50 CFR 17.21 set Questions as to whether specific amended. A notice outlining the forth a series of general prohibitions and activities will constitute a violation of Service’s reasons for this determination exceptions that apply to all endangered section 9 should be directed to the was published in the Federal Register wildlife. These prohibitions, in part, Service’s Carlsbad Field Office (see on October 25, 1983 (48 FR 49244). make it illegal for any person subject to ADDRESSES section). Required Determinations the jurisdiction of the United States to Permits may be issued to carry out take (including harass, harm, pursue, otherwise prohibited activities The Service has examined this hunt, shoot, wound, kill, trap, capture, involving endangered wildlife species regulation under the Paperwork collect, or to attempt any of these), under certain circumstances. Reduction Act of 1995 and found it to import or export, transport in interstate Regulations governing such permits are contain no information collection or foreign commerce in the course of at 50 CFR 17.22 and 17.23. Such permits requirements. This rulemaking was not commercial activity, or sell or offer for are available for scientific purposes, to subject to review by the Office of sale in interstate or foreign commerce enhance the propagation or survival of Managment and Budget under Executive any listed species. It is also illegal to the species, and/or for incidental take in Order 12866. possess, sell, deliver, carry, transport, or connection with otherwise lawful ship any such wildlife that has been activities. Requests for copies of the References Cited taken illegally. Certain exceptions apply regulations on listed wildlife and plants and inquiries on prohibitions and A complete list of all references cited to agents of the Service and State herein is available upon request from conservation agencies. permits should be addressed to the U.S. Fish and Wildlife Service, Ecological the Carlsbad Field Office (see It is the policy of the Service ADDRESSES section). published in the Federal Register on Services—Endangered Species Permits, July 1, 1994 (59 FR 34272), to identify 911 NE 11th Avenue, Portland, Oregon Author to the maximum extent practicable at 97232–4181 (telephone 503/231–6241; facsimile 503/231–6243). The primary author of this final rule the time a species is listed those is Marjorie Nelson of the Carlsbad Field activities that would or would not Where applicable, the Service is Office (see ADDRESSES section). constitute a violation of section 9 of the encouraging private landowners to Act. The intent of this policy is to include the Laguna Mountains skipper List of Subjects in 50 CFR Part 17 increase public awareness of the effect and the quino checkerspot butterflies in of a listing on proposed and ongoing habitat conservation plans developed as Endangered and threatened species, activities within a species’ range. The part of applications for incidental take Exports, Imports, Reporting and permits. To date, one plan has included Service is currently coordinating with recordkeeping requirements, and the quino checkerspot in the Central the USFS regarding activities on lands Transportation. and Coastal Subregion of Orange under their jurisdiction that may affect County. Regulation Promulgation the taxa in this rule. Activities that the Service believes could potentially harm Reasons for Effective Date Accordingly, part 17, subchapter B of chapter I, title 50 of the Code of Federal the Laguna Mountains skipper and the The Service is concerned that quino checkerspot and result in take Regulations, is amended as set forth issuance of a final rule for these animals below: include, but are not limited to: that is not effective immediately upon (1) Unauthorized handling or publication will result in greatly PART 17Ð[AMENDED] collecting of the taxa; intensified levels of collecting and (2) Unauthorized destruction/ commercial trade of the Laguna 1. The authority citation for part 17 alteration of their habitat, including Mountains skipper and particularly the continues to read as follows: unauthorized livestock grazing; quino checkerspot (see Factor B above). (3) Unauthorized pesticide Authority: 16 U.S.C. 1361–1407; 16 U.S.C. In addition, any delay in the effective 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– applications in violation of label date of this rule provides an opportunity 625, 100 Stat. 3500; unless otherwise noted. restrictions. for vandalism by persons not wanting Activities that the Service believes are endangered species on their property. 2. Section 17.11(h) is amended by unlikely to result in a violation of Because of the immediate threat posed adding the following, in alphabetical section 9 are: by these activities, the Service finds that order under INSECTS, to the List of (1) Possession, delivery, or movement, good cause exists for this rule to take Endangered and Threatened Wildlife, to including interstate transport and effect immediately upon publication in read as follows: import into or export from the United accordance with 5 U.S.C. 553(d)(3). States, involving no commercial § 17.11 Endangered and threatened wildlife activity, dead specimens of these taxa National Environmental Policy Act that were collected prior to the date of The Fish and Wildlife Service has * * * * * publication in the Federal Register of determined that Environmental (h) * * * 2322 Federal Register / Vol. 62, No. 11 / Thursday, January 16, 1997 / Rules and Regulations

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

******* INSECTS

******* Butterfly, quino Euphydryas editha U.S.A. (CA), Mexico NA ...... E 604 NA NA checkerspot. quino.

******* Skipper, Laguna Pyrgus ruralis U.S.A. (CA) ...... NA ...... E 604 NA NA Mountains. 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