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contributions to QED. On balancing the PART 73—RADIO BROADCAST recreation, pesticide drift, and needs and abilities of QED, given its SERVICES inadequate regulatory mechanisms. We financial condition and the community find these threats constitute immediate from which it derives support, the 1. The authority citation for part 73 and significant threats to the Carson Commission finds that the continued continues to read as follows: wandering skipper. This rule use of the second channel is no longer Authority: 47 U.S.C. 154, 303, 334 and 336. implements Federal protection provided necessary to meet the educational, by the Act for the subspecies. § 73.606 [Amended] instructional and cultural needs of the DATES: This rule becomes effective on Pittsburgh community, especially since 2. Section 73.606, the Table of TV August 7, 2002. upon dereservation and sale of Allotments under Pennsylvania is ADDRESSES: The complete file for this WQEX(TV), and initiation of digital amended by removing Channel *16 at rule is available for inspection, by service, QED will be able to Pittsburgh and adding in its place appointment, during normal business substantially increase the amount of free Channel 16 at Pittsburgh. hours at the U.S. Fish and Wildlife over-the-air educational service. § 73.622 [Amended] Service, Nevada Fish and Wildlife The Report and Order concludes that Office, 1340 Financial Boulevard, Suite 3. Section 73.622(b), the Table of 234, Reno, NV 89502. QED’s circumstances are highly unique Digital Television Allotments under FOR FURTHER INFORMATION CONTACT: and that the public interest would be Pennsylvania is amended by removing served by waiving the Commission’s Channel *26 at Pittsburgh and adding in Robert D. Williams, Field Supervisor, policy disfavoring dereservation. The its place Channel 26 at Pittsburgh. Nevada Fish and Wildlife Office (see Report and Order also concludes that ADDRESSES section) (telephone 775/861– the record supports waiver of the policy [FR Doc. 02–20071 Filed 8–6–02; 12:45 pm] 6300; facsimile 775/861–6301), or requiring that newly dereserved BILLING CODE 6712–01–P Wayne White, Field Supervisor, channels be made available for Sacramento Fish and Wildlife Office, competing applications. 2800 Cottage Way, Room W–2605, DEPARTMENT OF THE INTERIOR Sacramento, CA 95825–1846 (telephone Procedural Matters 916/414–6000; facsimile 916/414–6712). Fish and Wildlife Service The Commission has determined that SUPPLEMENTARY INFORMATION: the relevant provisions of the Regulatory 50 CFR Part 17 Background Flexibility Act of 1980 do not apply to The genus Pseudocopaeodes in the rule making proceeds to amend the TV RIN 1018–AI18 family Hesperiidae and subfamily and DTV Table of Allotments, §§ 73.606 Hesperiinae (grass skippers) contains and 73.622(b). See Certification that Endangered and Threatened Wildlife and Plants; Determination of only one species, Pseudocopaeodes Sections 603 and 604 of the Regulatory eunus. Members of Hesperiidae are Flexibility Act Do Not Apply to Rule Endangered Status for the Carson Wandering Skipper called skippers because of their Making to Amend Sections 73.202(b), powerful flight. While their flight may 73.504, and 73.606(b) of the AGENCY: Fish and Wildlife Service, be faster than butterflies, they seldom Commission’s Rules, 46 FR 11549, Interior. fly far and few species migrate (Scott February 9, 1981. ACTION: Final rule. 1986). Ordering Clauses The species Pseudocopaeodes eunus SUMMARY: We, the U.S. Fish and is thought to consist of five subspecies. The Commission further finds that Wildlife Service (Service), determine The Carson wandering skipper (P. e. unique public interest considerations the Carson wandering skipper obscurus) is locally distributed in and benefits support a waiver of the (Pseudocopaeodes eunus obscurus) to grassland habitats on alkaline substrates policy set forth in the Sixth Report and be endangered under the Endangered in eastern California and western Order requiring that newly dereserved Species Act of 1973, as amended (Act). Nevada. P. e. eunus is located in channels be made available for The Carson wandering skipper is western desert areas of southern competing applications. currently known from only two California; P. e. alinea is found in It is further ordered, That pursuant to populations, one in Washoe County, eastern desert areas of southern Section 316(a) of the Communications Nevada, and one in Lassen County, California and in southern Nevada; and Act of 1934, as amended, the California. The subspecies is found in P. e. flavus is found in western and authorization of WQED Pittsburgh for grassland habitats on alkaline central Nevada (Brussard 2000). In 1998, station WQEX(TV) is modified to substrates. what is believed to be an undescribed specify operation on Channel 16 in lieu Extinction could occur from naturally fifth subspecies of P. eunus was found of Channel *16. occurring events or other threats due to in Mono County, California. George the small, isolated nature of the known Austin of the Nevada State Museum and List of Subjects 47 CFR Part 73 populations of the Carson wandering Historical Society in Las Vegas is skipper. These threats include habitat working to formally describe this fifth Digital television broadcasting, destruction, degradation, and subspecies (Brussard 2000). Except for Television. fragmentation due to urban and the Carson wandering skipper, the Federal Communications Commission. residential development, wetland subspecies of P. eunus do not have Marlene H. Dortch, habitat modification, agricultural universally accepted common names. Secretary. practices (such as excessive livestock The Carson wandering skipper was grazing), gas and geothermal collected in 1965 by Peter Herlan, For the reasons discussed in the development, and nonnative plant Nevada State Museum, at a location preamble, the Federal Communications invasion. Other threats include north of U.S. Highway 50, Carson City, Commission amends 47 CFR part 73 as collecting, livestock trampling, water Nevada. It was first described by George follows: exportation projects, road construction, Austin and John Emmel (1998), based

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on 51 adult specimens. The body is of Pseudocopaeodes eunus, based on possible this subspecies may require the tawny orange above except for a narrow one specimen of each collected in higher water table or ground uniform border and black veins near the California. Some larvae may be able to temperatures associated with these areas border at the outer edge of the wing. The extend their period of diapause (period to provide the appropriate temperatures upper forewing and hindwing are of dormancy) for more than one season for successful larval development orange with darker smudging. The lower depending on the individual and (Brussard et al. 1999). surface of the hindwings is pale creamy environmental conditions (Dr. Peter Adult Carson wandering skippers orange with two creamy rays extending Brussard, University of Nevada, Reno, require nectar for food. Adults of all the from the base of the wing to its margin, pers. comm., 2001). Carson wandering species in the grass skipper subfamily and there may be dusky suffusions skippers may differ from other P. eunus seem to visit flowers, and sap-feeding is along the wing veins (MacNeill 1975). in producing only one brood per year absent or rare (Scott 1986). There are no Males tend to average 13.1 millimeters during June to mid-July (Austin and known observations of the Carson (mm) (0.52 inches (in)) in size (ranging Emmel 1998). wandering skipper utilizing mud or from 12.0 to 13.9 mm (0.47 to 0.55 in)) The other subspecies produce a other substances to obtain nutrients (P. (size is forewing length from base to second brood in late July to late Brussard, pers. comm., 2002a). Few apex). Females average 14.7 mm (0.58 September (Austin and Emmel 1998). plants that can serve as nectar sources in) in size, and range from 13.4 to 15.6 Sites occupied by the Carson wandering grow in the highly alkaline soils mm (0.53 to 0.61 in) from forewing base skipper have been searched during occupied by salt grass. For a salt grass to apex. The female’s dorsal (upper) August and September and a second area to be appropriate habitat for the surface is similar to the male’s but with brood has not been found (Austin and Carson wandering skipper, an heavier dusting on the discal (relating to Emmel 1998; Brussard et al. 1999). appropriate nectar source must be a disk) area of the hindwing. The However, additional research is needed present and in bloom during the flight female’s ventral surface (undersurface of to confirm that the Carson wandering season. Plant species known to be used the abdomen) is similar in appearance skipper produces only one brood per by the Carson wandering skipper for to the male’s (Austin and Emmel 1998). year. nectar include a mustard (Thelypodium Little is known about the specific The Carson wandering skipper can be crispum), racemose golden-weed habitat requirements of the Carson distinguished from the other subspecies (Pyrrocoma racemosus), and slender wandering skipper, beyond the of Pseudocopaeodes eunus by a birds-foot trefoil (Lotus tenuis) similarities recognized among known combination of several characteristics. (Brussard et al. 1999). If alkaline- locations of this subspecies. As a result, The Carson wandering skipper is tolerant plant species are not present, the habitat requirements stated could browner and less intensely orange on its but there is a fresh-water source to apply to the species as a whole dorsal surface, with thicker black support alkaline-intolerant nectar coloring along the veins, outer margin, (Brussard et al. 1999). Habitat sources adjacent to the larval host plant, and on both basal surfaces; and it is requirements for butterflies in general the area may provide suitable habitat duller, overall, with an expanse of include: (1) Presence of a larval host (Brussard et al. 1999). bright yellow and orange ground color, plant; (2) appropriate thermal especially on the ventral surface, environment for larval development and No information is available on interrupted by broadly darkened veins diapause, and adult mate location and historic population numbers of the (Austin and Emmel 1998). oviposition (to lay eggs); and (3) a nectar Carson wandering skipper. It is possible Carson wandering skipper females lay source (Brussard et al. 1999). Based on that a fairly large population of the their cream-colored eggs on salt grass commonalities of known, occupied subspecies occurred from the Carson (Distichlis spicata (L.) Greene) (Hickman sites, suitable habitat for the Carson Hot Springs site to the Carson River. 1993), the larval host plant for the wandering skipper has the following Outflow from the springs likely subspecies (Garth and Tilden 1986; characteristics: elevation of less than supported a water table high enough for Scott 1986). This is a common plant 1,524 meters (5,000 feet); located east of salt grass and a variety of nectar sources species in the saltbush-greasewood the Sierra Nevada; presence of salt grass; to grow. Urban development, water community of the intermountain west. open areas near springs or water; and diversions, and wetland manipulations Salt grass usually occurs where the geothermal activity. have eliminated most of the habitat type water table is high enough to keep its There are no data in the literature on in this area (Brussard 2000). roots saturated for most of the year the micro-habitat requirements of the Likewise, it is possible that (West 1988, as cited in Brussard et al. Carson wandering skipper (Brussard et appropriate habitat once existed for the 1998). al. 1999). However, it is likely that Carson wandering skipper between the No other observations have been suitable larval habitat is related to the existing populations in Lassen County, made of the early life stages of the water table. Many salt grass areas are California, and Washoe County, Nevada Carson wandering skipper. However, inundated in the spring, and larvae do (P. Brussard, pers. comm., 2001). The the Carson wandering skipper’s life not develop under water. During wet population locations are approximately cycle is likely similar to other species of years, larval survival depends on salt 120 kilometers (km) (75 miles (mi)) Hesperiinae. Larvae (immature, grass areas being above standing water. apart, and while the dispersal capability wingless, often worm-like form) of the In dry years, survival is probably related of the Carson wandering skipper is subfamily Hesperiinae live in silked-leaf to the timing of the host plant unknown, it is unlikely that any current nests, and some species make their nests senescence (aging). Therefore, micro- genetic exchange occurs between the partially underground. Larvae are topographic variation (slight two populations. Over time, the habitat usually green or tan and have a dark irregularities of a land surface) is between the two populations has head and black collar. Pupae probably important for larval survival become unsuitable and fragmented due (intermediate stage between larvae and because it provides a greater variety of to agriculture and development, and the adult) generally rest in the nest, and appropriate habitat over time (Brussard two populations have become isolated larvae generally hibernate (Scott 1986). et al. 1999). Since the few historic from one another. The subspecies likely Minno (1994) described a last instar collections of the Carson wandering represents a remnant of a more widely (stage between molts) larvae and a pupa skipper have been near hot springs, it is distributed complex of populations in

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the western Lahontan basin (Brussard et While results of the surveys conducted in adjacent areas (Brussard et al. 1999). al. 1999). in 2001 for the other subspecies of Surveys were not conducted in 1999 or In 1998, collections of four of the Pseudocopaeodes eunus are still 2000 at this site. In 2001, searches of Pseudocopaeodes eunus subspecies pending, no new Carson wandering this area were made to confirm the were made for a genetic study by skipper populations were found during Carson wandering skipper’s presence. University of Nevada-Reno (UNR) these surveys (R. Niell, pers. comm., Five individuals were found at the researchers (Brussard et al. 1999). In 2002). nectar site on BLM lands; private lands addition to collections made of the were not searched (Virginia Rivers, Carson City Site Carson wandering skipper at the Truckee Meadows Community College, Washoe County site (24) and the Lassen The Carson City site was surveyed for pers. comm., 2001). County site (25), individuals of three the Carson wandering skipper by the other P. eunus subspecies (173) were UNR from 1997 to 2001. Only five Lassen County Site also collected. P. e. eunus individuals individuals (four males and one female) Two locations where the subspecies is were not collected due to their scarcity. were observed during surveys in June found in Lassen County occur Genetic analysis was based on an 1997. One possible sighting of a Carson approximately 8 km (5 mi) apart. One analysis of allozyme (i.e., protein) wandering skipper occurred at a project location occurs on public lands variation (Brussard et al. 1999). Levels site in 1998 (Brussard et al. 1999). No managed by the California Department of heterozygosity (genetic variability) individuals were observed at this site in of Fish and Game (CDFG property). were low in all but two populations of 1999 or 2000 (P. Brussard, pers. comm., Another location is found on both P. eunus, and the average heterozygosity 2000). In 2001, searches were again private and public lands (private/public over the nine populations was also low. conducted with no individuals observed property). In 1998, two individuals were The low levels of heterozygosity in (R. Niell, pers. comm., 2001). Habitat observed on the CDFG property, while many of the populations is likely due to changes resulting from drainage several individuals were observed at a repeated extirpation events, manipulations for residential and nectar site less than 2 ha (5 ac) in size recolonizations, and population and commercial development are likely on the private/public property. UNR did genetic bottlenecks throughout the responsible for this possible extirpation not conduct surveys at either of these Holocene geologic period (beginning (Brussard et al. 1999). Construction of a locations in 1999. Surveys were 10,000 years ago) to the present time freeway bypass will eliminate and conducted in 2000 and, while several (Brussard et al. 1999). fragment the remaining habitat (5 ha (12 individuals were seen on the private/ ac)) of the Carson wandering skipper at public property nectar site location, Population Sites this site. none were seen on the CDFG property. Historically, population locations An area just south of the Carson City Salt grass is abundant in the included the type locality found near site was also surveyed in 1997 and surrounding area of the private/public the Carson Hot Springs in Carson City, 1998. Twelve hectares (ha) (30 acres property but the attraction appears to be Carson City County, NV, and one other (ac)) of potential habitat were present the nectar source, which is slender site in Lassen County, CA. When (Paul Frost, Nevada Department of birds-foot trefoil. In 2001, searches were described in Austin and Emmel (1998), Transportation (NDOT), in litt., 1998), conducted to confirm the Carson specimens from two additional sites, however, no Carson wandering skippers wandering skipper’s presence. A few Dechambean Hot Springs at Mono Lake were found during the surveys sightings (three one day and four on and Hot Springs, Mono County, CA, (Brussard et al. 1999). Approximately 5 another day) were observed on the were assigned, with uncertainty due to ha (12 ac) of this potential habitat will private/public property nectar site, but their small numbers, to the Carson be impacted by the construction of the again, none were observed on the CDFG wandering skipper subspecies. Based on Carson Highway 395 bypass (Alan property (V. Rivers, pers. comm., 2001). 1998 surveys by Brussard et al. (1999), Jenne, NDOT, pers. comm., 1999). Previous Federal Action these Mono County specimens would be Brussard et al. (1997) found no other more appropriately assigned to the suitable habitat in the vicinity of Carson On May 22, 1984, we published an currently undescribed subspecies City in 1997. invertebrate wildlife Notice of Review (George Austin, Nevada State Museum Because of habitat destruction, in the Federal Register (49 FR 21664) and Historical Society, pers. comm., degradation, and fragmentation, the designating Pseudocopaeodes eunus 2001). Carson wandering skipper has probably eunus as a category 2 candidate. Surveys conducted in 1997 in the been extirpated from the Carson City Category 2 candidates were those vicinity of Carson City, and in 1998 site. species for which we had information throughout potential, suitable habitat in indicating that listing may be Nevada and California, found two new Washoe County Site appropriate, but for which additional nectar sites occupied by the Carson The nectar site in Washoe County information was needed to support the wandering skipper. One site was located occurs on Bureau of Land Management preparation of a proposed rule. The in Washoe County, NV, and the other (BLM) administered lands and adjacent entity now known as the Carson site (two locations) was found in Lassen private lands. This nectar site is wandering skipper was included in P. e. County, CA. The site in Lassen County estimated to be about 10 to 12 ha (25 to eunus; however, in early 1995, we were could be a rediscovery of the area where 30 ac), with approximately half of the informed by Mr. George Austin that the Carson wandering skippers were site occurring on BLM lands and half on Carson wandering skipper was a collected in the 1970s; however, the private lands (Brussard et al. 1999). The distinct, undescribed subspecies (G. collection record is too vague to be nectar source at this site (racemose Austin, pers. comm., 1995). In the certain (P. Brussard, pers. comm., 2001). golden-weed) is abundant, as is salt February 28, 1996, Notice of Review (61 Despite additional, more limited grass. A few Carson wandering skippers FR 7596), we discontinued the use of attempts at finding other populations in were seen approximately 1.6 km (1 mi) multiple candidate categories and 2000 and 2001, none have been found northeast of the nectar site. This considered the former category 1 (P. Brussard, pers. comm., 2000; suggests the Carson wandering skipper candidates as simply ‘‘candidates’’ for Rebecca Niell, UNR, pers. comm., 2001). may occur in small numbers elsewhere listing purposes. The Carson wandering

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skipper was removed from the agreement, we agreed to issue several and the Reno Gazette Journal on candidate list at that time. final listing decisions, propose a December 19, 2001. Following the Following an updated assessment of number of other species for listing, and publication of the proposed rule, we the status of the Carson wandering review three species for emergency received a total of 183 comments from skipper and its vulnerability to threats listing, including the Carson wandering individuals or organizations. We opened in 1998, we included this taxon as a skipper (Center for Biological Diversity, a second comment period on May 7, candidate species in the Notice of et al. v. Norton, Civ. No. 01–2063 (JR) 2002 for 30 days to give the public Review published in the Federal (D.D.C.), entered by the court on additional time to comment (67 FR Register on October 25, 1999 (64 FR October 2, 2001). 30645). We also held a public 57533), with a listing priority number of The Carson wandering skipper was informational meeting in Susanville, CA 12. included in the October 30, 2001, on May 22, 2002. We received an A petition dated November 9, 2000, candidate Notice of Review (66 FR additional 248 comments during the from Mr. Scott Hoffman Black, 54808), but with a listing priority second comment period, for a total of Executive Director, The Xerces Society, number change from a 12 to a 3. We 431 comments. Of the comments and received by the Service on made this change because we have been received, 263 were in support of the November 10, 2000, requested that we unsuccessful implementing actions listing action, 165 were opposed to the emergency list the Carson wandering outlined in a draft conservation plan for listing, and 3 were neutral. Comments skipper as an endangered species the subspecies and two additional providing additional information were throughout its range, and designate threats appear imminent. These threats incorporated where appropriate. We critical habitat concurrent with the include: (1) A proposed water have addressed each of the substantive listing. We responded in a letter dated exportation project in the vicinity of the issues raised by commenters and February 20, 2001, that we would not Washoe County site that is a potential grouped them into several issues that publish a petition finding for the Carson threat to the subspecies and its habitat; are discussed below. wandering skipper because it was and (2) tall whitetop (Lepidium Issue 1: A number of commenters already listed as a candidate species in latifolium), a nonnative invasive plant, were opposed to the listing stating there the most recent Notice of Review (64 FR becoming established at the Lassen was a lack of information to support a 57533). This meant that we had already County site and is a threat to the listing of the Carson wandering skipper determined that listing was warranted subspecies’ nectar source. as endangered. for the species. We indicated we would On November 29, 2001, we issued an Our Response: Since its discovery in continue to monitor the status of the emergency rule listing the Carson 1965, data collections of the Carson Carson wandering skipper, and if an wandering skipper as an endangered wandering skipper have been limited to emergency listing was warranted, we species because we found that a number surveys, literature review, and would act accordingly, or list the of threats constituted immediate and collection records. The best scientific subspecies when the action was not significant risk to the subspecies (66 FR and commercial data available indicate precluded by higher priorities. 59537). A proposed rule to list the the subspecies occurs at only two In addition, the petitioner had also Carson wandering skipper was known sites and has been extirpated requested emergency listing of the entire published in the Federal Register from a third site. species. We responded in our February concurrently with the emergency rule Geographic Information System 20, 2001, letter to the petitioner that we (66 FR 59550). The proposed rule modeling was incorporated into the did not believe that an emergency opened a 60-day comment period which Brussard et al. (1999) study to identify situation existed at the time for the closed on January 28, 2002. potential habitats for surveying. All remaining subspecies. Surveys for On May 7, 2002, we reopened the records of P. eunus from various sources Pseudocopaeodes eunus spp. were public comment period to allow were compiled. Habitat characteristics, conducted in 1998 throughout potential, additional time for all interested parties based on the records as well as areas of suitable habitat in Nevada and to submit written comments on the salt desert scrub and low elevation California (Brussard et al. 1999). Of the proposal, and to give notice of a public sagebrush vegetation and water sources 78 sites (48 new; 30 historic) visited, P. informational meeting (67 FR 30645). along eastern California and western eunus spp. were found at 14 sites. Of The comment period was open for 30 Nevada, were mapped. A total of 78 the 30 historic sites, P. eunus spp. were days and closed June 6, 2002. sites, 30 historic sites and 48 potential found at 8 sites. Seven areas (2 in The Carson wandering skipper was new sites were surveyed for the Carson Nevada; 5 in California) which were included in the Candidate Notice of wandering skipper and the other historic sites for these subspecies were Review (67 FR 40657) published June subspecies to assist in determining the not visited. We contracted with UNR to 13, 2002. Carson wandering skipper’s range. have additional status surveys Twenty-two of these historic and conducted in 2001 for these other Summary of Comments and potential sites were located in the subspecies of P. eunus, and results of Recommendations northern areas within the potential these surveys are pending. These In the November 29, 2001, proposed range of the Carson wandering skipper. surveys will assist in determining their rule (66 FR 59550), we requested that all As a result of surveys, two new status, and if we find that a listing of the interested parties submit factual reports, populations of the Carson wandering remaining subspecies is warranted, we information, and comments that might skipper were found. The Carson City will act accordingly. contribute to the development of the historic population of Carson wandering On August 28, 2001, we reached an final listing decision. We contacted skipper is believed extirpated. At this agreement with the Center for Biological appropriate State and Federal agencies, time, only two known populations are Diversity, California Native Plant county and city governments, scientific extant. All of the surveys were Society, Southern Appalachian organizations and authorities, and other conducted by qualified field biologists Biodiversity Project, and Foundation for interested parties and requested them to during the proper time of year and time Global Sustainability to complete work comment. We published legal notices in of day when the Carson wandering on a number of species proposed for the Nevada Appeal on December 16, the skipper could reasonably be expected to listing. Under this ‘‘miniglobal’’ Lassen County Times on December 18, be active, evident, and identifiable.

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We have prepared a survey protocol the word ‘‘solely’’ in the legislation,’’ callippe callippe) and Behren’s to determine habitat suitability and H.R. Rep. No. 97–835, 97th Cong. 2nd silverspot butterfly (Speyeria zerene presence or absence of the Carson Sess. 19 (1982). Therefore, we are behrensii) (62 FR 64320)). Grazing wandering skipper, and to provide precluded from considering economic occurs at both of the known nectar sites. consistency among surveyors. This impacts in a final decision to list a While we do not know the level or protocol is currently being used by species. intensity of grazing at these sites, and consultants reviewing various current Issue 3: Other commenters stated that acknowledge that specific impacts at and proposed projects during the 2002 grazing was not a threat to the Carson these sites must be evaluated, we survey season. We will evaluate the wandering skipper. Many held this identified a concern that excessive appropriateness of the protocol for position based on the fact that the grazing can threaten the species when it accuracy, usefulness of data, and extirpation of a population of Carson reduces the availability of salt grass for implementation, and the protocol will wandering skipper occurred because of the larvae or nectar sources for the be revised as needed. Additional urban and residential development adults, or results in the trampling of the monitoring of occupied sites will be rather than agricultural land use. Many larvae. We recognize that grazing, at an needed to determine population sizes stated that grazing was not a threat to appropriate level and season, may be and trends in the future. the Carson wandering skipper because compatible with the conservation of the Surveys to estimate population size of salt grass was resistant to grazing and skipper at these sites. However, such the Carson wandering skipper have not trampling by livestock. Others stated appropriate levels are not known at this been conducted. We recognize that grazing is beneficial to butterflies. In time and must be assessed during the population estimates refine our addition, the nectar source, slender recovery process. understanding of the status of the birds-foot trefoil, was introduced by As noted by several commenters, salt subspecies. However, the abundance of farmers and ranchers in the area for grass is known to be resistant to grazing insect species can fluctuate greatly from pasture production, and the Carson and trampling (Crampton 1974; year to year. Some insects may be wandering skipper has been utilizing Nebraska Cooperative Extension Service abundant in localized populations yet this plant as a nectar source and is 1985). However, this does not mean that susceptible to extirpation by a single successful because of it. livestock will not graze or trample the event. Therefore, estimates of Our Response: While the recently salt grass. The term ‘‘resistant’’ means abundance are not necessarily adequate extirpated Carson wandering skipper that salt grass is not killed by grazing or to determine whether a species is population in Carson City was in an trampling and recovers well. Our threatened or endangered. We based our urban setting, the rural landscape in concerns with impacts from grazing and determination to list the Carson Nevada and California has also been trampling of salt grass to the Carson wandering skipper on evaluation of the altered over time. Grazing occurs at both wandering skipper relate to the current and future threats from the five known sites. Livestock grazing can availability of food for the larvae, and factors listed in section 4 (a) of the Act. impact: (1) Species composition of the direct trampling of the larvae which We acknowledge that undiscovered communities by decreasing the density are feeding on the salt grass, not impacts sites occupied by the Carson wandering and biomass of species, reducing to salt grass itself. skipper may exist and appreciate species richness, and changing As stated by commenters, slender comments mentioning other areas where community organization; (2) ecosystem birds-foot trefoil, a nonnative, has been the Carson wandering skipper and function including the disruption of planted in agricultural lands as a forage suitable habitat may occur. However, nutrient cycling and succession; and (3) for cattle and has been utilized by the until the existence of additional ecosystem structure including altering Carson wandering skipper. The populations can be verified and threats, vegetation stratification, contributing to presence of a nectar source is not the if any, can be determined in these areas, soil erosion and reducing the only factor influencing the occurrence we consider the Carson wandering availability of water to biotic of Carson wandering skippers. The skipper an endangered species. communities (Fleischner 1994). nectar source location in relation to salt Issue 2: Some commenters were Hutchinson and King (1980) found grass is also important and it may be too opposed to the listing of the Carson abundance and biomass of invertebrates far from emerging adults to be utilized. wandering skipper because they (including butterflies (Lepidoptera)) Butterflies, in general, are less selective believed it would cause negative were reduced (with the exception of with regard to their nectar sources than economic impact to the agricultural ants (Hymenoptera)) with increases in they are about their larval host plants community. sheep numbers. Excessive grazing that (Brussard et al. 1999). Flowers that are Our Response: Under section 4 reduces the availability of salt grass for the proper size for the butterfly’s (b)(1)(A) of the Act, a listing Carson wandering skipper larvae and proboscis (mouthparts) and that determination must be based solely on availability of nectar sources for the produce a sugar concentration of 15 to the best scientific and commercial date adults is considered a threat. 25 percent are likely to be utilized available. The legislative history of this We recognize that different grazing (Kingsolver and Daniel 1979). As a provision states the intent of Congress is intensities and management practices result, nectar sources for a particular to ensure that listing decisions are can impact areas differently, and species can vary by locality and by ‘‘based solely on biological criteria and impacts at each site must be evaluated season (Brussard et al. 1999). While the to prevent non-biological considerations independently. However, we have Carson wandering skipper has been from affecting these decisions,’’ H.R. identified grazing as a threat to several observed nectaring on slender birds-foot Rep. No. 97–835, 97th Cong., 2nd Sess. butterfly species that have been listed trefoil, other plants in the area may offer 19 (1982). The legislative history also under the Act (e.g., Uncompahgre additional nectar sources as well. If provides that, ‘‘applying economic fritillary butterfly (Boloria acrocnema) cattle are foraging on slender birds-foot criteria * * * to any phase of the (56 FR 28712); Myrtle’s silverspot trefoil during the adult flight period, the species listing process is applying butterfly (Speyeria zerene myrtleae) (57 availability of slender birds-foot trefoil economics to the determinations made FR 27858); Quino checkerspot butterfly as a nectar source may be reduced. under section 4 of the Act and is (Euphydryas editha quino) (62 FR 2322); Given these considerations and the specifically rejected by the inclusion of Callippe silverspot butterfly (Speyeria Carson wandering skipper’s rarity,

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grazing and trampling by livestock can Issue 6: Two commenters suggested modification under the heading of significantly impact the subspecies and that the Service list the Carson activities that we believe could should be assessed in the recovery wandering skipper as threatened rather potentially result in a violation of process. than endangered because this would section 9, ‘‘without identifying an actual Issue 4: Four commenters preferred enable the Service to protect the Carson wandering skipper specimen that a collaborative conservation subspecies from urban pressures. that has been taken.’’ The commenters approach occur between the Service and Our Response: We make a expressed the opinion that a direct local entities and individuals rather determination as to whether a species is impact is necessary before take has than a listing of the Carson wandering threatened or endangered based on the occurred. skipper under the Act. They suggested magnitude of threats and the imminency Our Response: We have not extended that listing the Carson wandering of extinction. The term ‘‘endangered’’ is our jurisdiction under section 9 of the skipper would inhibit efforts to defined according to section 3(6) of the Act. As stated in the listing, it is our maintain and restore Carson wandering Act as ‘‘* * * any species which is in policy (59 FR 34272) to identify, to the skipper habitat and likely prevent danger of extinction throughout all or a maximum extent practicable, those access to private lands. They proposed significant portion of its range * * *’’. activities that we believe may or may development of a process which would A ‘‘threatened species’’ is defined as not constitute a violation of section 9 of be ‘‘more informal, less restrictive’’ than ‘‘* * * any species which is likely to the Act. The intent of this policy is to what could occur under the Act. become an endangered species within increase public awareness of the effects Our Response: We strongly support the foreseeable future throughout all or of the listing on proposed and ongoing the concept of utilizing a collaborative a significant portion of its range.’’ activities within the species’ range. conservation effort to address the threats Threats to this subspecies include With regard to take, under the Act habitat destruction, degradation, and Federal agencies must address both to species such that the need to list fragmentation due to urban and indirect and direct impacts of activities them is precluded. However, given the residential development, wetland they authorize, fund, or carry out, that time needed to complete such an effort habitat modification, agricultural may impact listed species and consult and the lack of protective measures practices (such as excessive livestock with us under section 7 of the Act. Also, afforded by the Act during the process, grazing), gas and geothermal under the Act, private entities must this type of approach is not well suited development, nonnative plant invasion, address indirect and direct impacts of for species which are imminently collecting, livestock trampling, water activities that result in take of a listed threatened with extinction. We worked exportation/importation projects, road species in order to be issued a permit with agencies in Nevada and California, construction, recreation, pesticide drift, exception from us for activities that and a landowner in Nevada, and a draft and inadequate regulatory mechanisms. incidentally take listed species but are conservation plan for the subspecies Given that only two populations are otherwise lawful. This process occurs was developed in 2000. However, we known to exist, we find these threats under section 10 of the Act and is were unable to obtain the information constitute immediate and significant separate from a listing action which is and commitment necessary to reduce or threats to the Carson wandering skipper. addressed in section 4 of the Act. eliminate the threats to the Nevada and Based on the available information, we Issue 9: One commenter questioned California populations. Given the believe that endangered status is whether urban development was a immediate and significant threats to the appropriate for the Carson wandering threat to the Lassen County Carson Carson wandering skipper, we believe skipper. wandering skipper population because listing is necessary to put into effect the Issue 7: Two commenters thought that the area was zoned for agriculture and various conservation provisions in the groundwater exportation was not a limited development pressure was Act including, but not limited to, threat to the Lassen County Carson occurring. interagency consultation, recovery wandering skipper population because Our Response: Limited urban or planning, and take prohibitions as well Lassen County restricts transfer of residential development is occurring at as cooperative efforts with each State. groundwater out of the County under both known sites. One example of We look forward to working with the 1999 Lassen County General Plan. development is the construction of the Federal, State, county, and private Our Response: The potential water Federal Correctional Institution entities in development of a recovery development project that could impact (Institution) in the vicinity of the Lassen plan to address the conservation needs the Lassen County population involves County site. Not only can the of the Carson wandering skipper. exportation of water from the Honey construction of buildings and Issue 5: Three commenters stated that Lake Valley which is located in both infrastructure impact Carson wandering they believed that the emergency and Lassen County, California and Washoe skipper habitat directly, the withdrawal proposed listing of the Carson County, Nevada. It is our understanding of water for home and business needs wandering skipper was solely the result that the extraction would occur in the could impact groundwater resources. If of the ‘‘miniglobal’’ lawsuit agreement Washoe County portion of the Honey the water table is lowered, and changes and not science. Lake Valley. While Lassen County may the salt grass community, the Carson Our Response: As stated earlier, our not support exportation of surface or wandering skipper may be impacted. ‘‘miniglobal’’ agreement provided we ground waters from aquifers located in The Lassen County General Plan would review the status of the Carson Lassen County, it is unclear, after policies related to zoning (Policies AG– wandering skipper to determine if review of the Lassen County General 4, AG–8) (A. Whiteman, in litt., 2002), emergency listing was appropriate. Plan Ordinance No. 539 (Andy do not prohibit development in the area. Based on our review of the available Whiteman, Lassen County Board of Policy AG–4 supports agricultural uses information, we believed emergency Supervisors, in litt., 2002), how it could and does not allow isolated subdivision listing of the Carson wandering skipper prevent actions taken by Washoe in non-designated areas, but does allow was appropriate and adding it to the list County, Nevada. for exceptions. Policy AG–8 recognizes of threatened and endangered species as Issue 8: Two commenters stated that that agricultural areas may be evaluated endangered is also appropriate at this the Service has potentially extended its for alternative uses. Agricultural lands time. jurisdiction unlawfully by listing habitat can be converted with adequate

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justification and consideration of related selected, so that the Carson wandering that would aid our prudency analysis. policies. Again, exceptions may occur. It skipper (or other sensitive wildlife, We received no comments regarding is unclear whether the Carson plants, or habitats) can be protected at specific physical or biological features wandering skipper site located partially the same time tall whitetop is essential for the Carson wandering on private land would be considered a controlled. skipper which provided information ‘‘significant wild habitat’’ by Lassen Issue 11: One commenter stated that that added to our ability to determine County. Therefore, it is unclear whether pesticide use was not a threat because critical habitat. When we find that or not it would be taken into Carson wandering skippers still occur critical habitat is not determinable, we consideration prior to possible adjacent to an alfalfa field, and farmers have two years from the publication conversion from agricultural lands to an have to pass a safety test prior to date of the original proposed rule to alternate land use. The Lassen County applying pesticides. designate critical habitat, unless the General Plan also does not address the Our Response: We have indicated that designation is found to be not prudent. potential indirect effects of development the use of pesticides adjacent to the Issue 14: One commenter noted that (A. Whiteman, in litt., 2002). Carson wandering skipper population in the description of the Carson wandering Issue 10: One commenter questioned question could be a potential threat if skipper by Austin and Emmel (1998) whether tall whitetop was a threat to pesticide drift occurred because of the suggests that, infrequently, other Carson wandering skipper habitat proximity of the agricultural fields to subspecies of Pseudocopaeodes eunus because there was no scientific evidence the species’ habitat. We do not know approach the coloration of P. e. to support it. However, the commenter what precautions, if any, are being taken obscurus. Therefore, the commenter did also state that tall whitetop ‘‘*** at this time to prevent any impact. questioned the appropriateness of this infestations most likely have a negative Issue 12: One reviewer thought the subspecies. The commenter was also impact on salt grass and bird’s-foot Service should consider listing the concerned that the designation ‘‘ssp.’’ trefoil density.’’ entire species as endangered. had not been included in the scientific Our Response: While it is correct that Our Response: As indicated earlier in name for the Carson wandering skipper a study specific to the impacts of tall this rule, a petitioner requested indicating that a subspecies was being whitetop invasion at a Carson emergency listing of the entire species discussed. wandering skipper nectar site has not on November 9, 2000. In our February Our Response: It is correct that Austin been conducted, tall whitetop is a threat 20, 2001, response, we indicated we did and Emmel (1998) indicated, as to other native species. Tall whitetop is not believe that an emergency situation mentioned above, that infrequently, an aggressive invader that displaces existed at that time. Additional status specimens from other populations other vegetation and can form surveys were conducted in 2001 for the approach the less heavily marked monotypic stands (an area comprised of remaining subspecies. The results of extremes of the Carson wandering one species), decreasing biodiversity, these surveys are pending, but they skipper. These specimens do not, and degrading wildlife habitat as well as should assist us in determining the however, give the impression of an reducing the value of agricultural lands status of the additional subspecies and insect with a dark ventral hindwing, (Young et al. 1995; Donaldson and determining any threats to them. If our and they lack the dark apex on the Johnson 1999; Krueger and Sheley 1999; ongoing status review indicates a listing ventral forewing. The Carson wandering Howard 2000). The species is known to is warranted, we will act accordingly. skipper has been described by grow in alkaline soils (Hickman 1993; Issue 13: One commenter did not recognized authorities in a peer Young et al. 1995; Howard 2000) but is think critical habitat should be reviewed publication. not restricted to them. Tall whitetop can designated because the Carson We do not use ‘‘ssp.’’ to denote an invade disturbed and undisturbed sites wandering skipper has occurred in very animal subspecies, only plant including roadsides, agricultural fields, small numbers within a few kilometers/ subspecies. The absence of its use in pastures, riparian areas, alkaline miles of the known nectar sites and may animal scientific names does not wetlands, natural areas, and irrigation exist at low numbers over large areas. Its indicate uncertainty in its taxonomic canals (Donaldson and Johnson 1999; ecology suggests that areas of relatively definition. Howard 2000). It has become widely high population density may shift Issue 15: One commenter was established in Lassen County and is among sites within the salt grass concerned with the lack of information found in Honey Lake Valley, California community based on changes in provided regarding habitat requirements (Howard 2000). We are concerned that climatic, hydrographic, and geothermal for the Carson wandering skipper. It was tall whitetop will displace the Carson conditions. Accurately designating suggested that, because soils are wandering skipper’s nectar source at the critical habitat will be difficult because effective in discriminating Lassen County site. We are also either large areas of unoccupied habitat environmental units, soil survey maps concerned that tall whitetop may would need to be designated, or if small be utilized to delineate habitat for the displace salt grass, the Carson patches of habitat were designated, Carson wandering skipper. wandering skipper’s larval host plant. changing environmental conditions Our Response: We agree that According to Young et al. (1998), could result in these areas being additional information regarding Carson infestation areas, once well established, uninhabited at a later date. wandering skipper’s habitat rarely contain other plant species. Tall Our Response: Because information requirements would be useful. However, whitetop appears to have increased at about the specific biological needs of under the Act, the absence of more this nectar site compared to 2001 (V. the Carson wandering skipper is details regarding habitat requirements Rivers, pers. comm., 2002). currently limited, we are not able to for a species or subspecies does not We support efforts to control tall adequately perform critical habitat prevent the listing of the taxon. Habitat whitetop in Lassen County and designation analysis at this time, and requirements for butterflies are elsewhere in Nevada and California. find that critical habitat for the species primarily defined by its larval host However, where the Carson wandering is not determinable. In the proposed plant, in this case, salt grass. While soils skipper is found, consideration must be rule, we specifically solicited can be an effective means of indicating given to any impacts of control information on potential critical habitat, vegetation communities, salt grass has methods. Appropriate methods must be biological information, and information been observed in many soil types.

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Researchers did review soil survey maps Issue 18: One commenter repeated a described in section 4(a)(1). These during the Carson wandering skipper comment the Service made that the factors and their application to the surveys of 1998; however, salt grass did Carson wandering skipper is rare in and Carson wandering skipper are as not appear to follow soil survey of itself. The commenter states that follows: ‘‘rare does not mean endangered’’. boundaries and as a result, they were A. The Present or Threatened not particularly helpful (P. Brussard, Our Response: The commenter is correct. Just because a species is rare Destruction, Modification, or pers. comm., 2002b). Curtailment of Its Habitat or Range Issue 16: One commenter stated that does not mean it should automatically when the Endangered Species Act was be listed under the Act. However, if a The primary cause of the decline of originally passed it ‘‘* * * did not rare species is determined to be the Carson wandering skipper is loss of contemplate the extinction of creatures threatened or endangered based on the salt grass, nectar sources, and wetland of the phylum Insecta; it was aimed at listing factors in section 4 (a)(1) of the habitats from human activities. Threats the protection of vertebrate species.’’ Act using the best scientific and include habitat fragmentation, Our Response: When the Endangered commercial data available, it should be degradation, and loss due to urban and Species Act was passed in 1973, it considered for listing. residential development, wetland provided for protection of insects and Issue 19: One commenter stated that habitat modification, agricultural other invertebrate species. At the time of there had been insufficient time to practices (such as excessive livestock its passage, definitions for the purposes gather information, research it, and grazing), nonnative plant invasion, gas and geothermal development, road of the Act were found in section 3(5) comment on it by the public. Our Response: A 60-day comment construction, water exportation projects which stated: ‘‘The term ‘fish or period was opened when the proposed with their subsequent change in water wildlife’ means any member of the rule was published. An additional 30- table levels and plant composition, and animal kingdom, including without day comment was opened to provide recreation. Threats at each known or limitation any mammal, fish, bird opportunity for further public input. In historic site are discussed below. (including any migratory, nonmigratory, addition, a public informational meeting or endangered bird for which protection Carson City Site was held to answer questions regarding is also afforded by treaty or other the species and the proposed rule. We Habitat at the original Carson City site international agreement), amphibian, believe that the 60-day and 30-day has been greatly modified over time, reptile, mollusk, crustacean, arthropod comment periods and the informational and most of it was destroyed by or other invertebrate, and includes any meeting provided adequate opportunity construction of a shopping center part, product, egg, or offspring thereof, for the public to gather available (Brussard et al. 1999). Several years or the dead body or parts thereof.’’ information and comment on the later, an extension of this population Several amendments to the Act have proposed listing. was discovered north of the original since occurred, and this definition can location (Brussard et al. 1999). The be found today in section 3(8) of the Peer Review current site includes about 10 ha (24.7 Act. In accordance with our policy ac) of known and potential Carson Issue 17: One commenter asked what published on July 1, 1994 (59 FR wandering skipper habitat (P. Frost, in information would be necessary for 34270), we have sought the expert litt., 1998). Collections were made at delisting of the Carson wandering opinions of four appropriate and this site from the late 1960s through the skipper. independent specialists regarding our early 1990s, although population Our Response: The listing of a species proposal to list the Carson wandering numbers were small (Austin and Emmel is based on the best scientific and skipper. The purpose of these reviews is 1998; Brussard et al. 1999). In the 1990s, commercial data available at the time of to ensure that listing decisions are based additional urban development further listing as it relates to addressing the five on scientifically sound data, reduced the remaining habitat, and the listing factors defined under section 4 assumptions, and analyses. We sent the site is now completely surrounded by (a)(1) of the Act. Section 4 regulations peer reviewers copies of the emergency development. Adult Carson wandering (50 CFR 424.11(c–f)) provide guidance and proposed rules immediately skippers have not been observed at this regarding the applicable criteria for following their publication in the location since 1997. delisting and reclassifying species. Federal Register. Three of the four The Carson wandering skipper has Delisting of a species can occur if: (1) reviewers returned comments during likely been extirpated from the Carson The species is extinct or has been the comment period. Two of the three City site due to development and habitat extirpated from its previous range; (2) reviewers supported our assumptions changes resulting from drainage the species has recovered and is no and conclusions as well as our decision manipulations for residential and longer endangered or threatened; or (3) to list the Carson wandering skipper as commercial development (Brussard et investigations show that the best endangered, while a third reviewer was al. 1999). Adjacent lands surrounding scientific or commercial data available neutral in his opinion of our proposed this site will continue to be developed when the species was listed or the action. We have incorporated their for commercial and residential use. interpretations of such data were in comments into this final determination. The remaining habitat at the type error. The requirements for listing and locality will also be fragmented or delisting are different in that the Summary of Factors Affecting the destroyed by construction of a freeway information necessary to resolve the Species bypass and associated flood control threats and recover the species need not Section 4 of the Act and regulations facilities being planned by the Nevada be known at the time of listing. Specific (50 CFR part 424) promulgated to Department of Transportation (NDOT). recovery criteria, which define when a implement the listing provisions of the The bypass was approved and the right- species may be downlisted or delisted, Act (16 U.S.C. 1531 et seq.) set forth the of-way corridor was purchased several are developed for each species during procedures for adding species to the years ago. At the time, this was the only the recovery planning process and are Federal lists. We may determine a known site occupied by the Carson published in the recovery plan for the species to be endangered or threatened wandering skipper. The only suitable species. due to one or more of the five factors nectar source available during the

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Carson wandering skipper’s flight areas occupied by nectar sources during valley (Stantec Consulting, Inc. 2000). season at this site was the native the Carson wandering skipper flight Implementation of this project, or a mustard, Thelypodium crispum season. Livestock can trample the salt similar one, could result in the lowering (Brussard et al. 1999). Construction of grass and nectar sources and also cause of the water table in the valley and the bypass began in 2000 and impacts direct mortality of eggs, pupae, or result in adverse changes to the salt to Carson wandering skipper habitat feeding larvae. While the level of grass community upon which the will likely occur in 2002 (Julie Ervin- grazing on salt grass has not been Carson wandering skipper at this site Holoubek, NDOT, pers. comm., 2001). measured at this site, cattle readily depends. In addition, the construction The alignment will impact utilize this dominant forage species of facilities could result in direct approximately 2.4 ha (6 ac) of (Walt Devaurs, BLM, pers. comm., impacts to Carson wandering skipper previously occupied habitat, and about 2001), possibly competing with larval habitat. 8 ha (20 ac) of the potential habitat needs. Another potential threat is pesticide remaining at both areas north and south An assessment of the springs located drift from alfalfa fields located near to of U.S. 50 (P. Frost, in litt., 1998). on the BLM portion of this site occurred the occupied nectar site. Pesticides are According to Brussard (2000), this will in 2001 (Daniel Jacquet, BLM, in litt., used to control pests such as aphids, leave inadequate habitat to support a 2002). Cattle use of this area resulted in cutworms, grasshoppers, and mites restored population. the springs being determined (Carpenter et al. 1998.). Pesticide drift Habitat loss and modifications of the ‘‘Functional at Risk’’ and ‘‘Non- from these fields to the nectar site could Carson City site have also occurred due functional,’’ indicating that the springs eliminate a large part of the Carson to the construction of a wetland were not in good condition. As a result wandering skipper population (Brussard mitigation area in the early 1990s to of this determination, livestock grazing 2000). mitigate for wetlands lost approximately will be excluded from this area for 3 Lassen County Site 0.8 km (0.5 mi) southwest of this site. years or through the 2005 growing The U.S. Army Corps of Engineers season to rehabilitate the area. This Threats at the Lassen County site (Corps) issued a section 404 permit on exclusion should improve the include the invasion of the nonnative March 10, 1993, for a residential abundance and quality of nectar sources plant species tall whitetop, proposed housing and golf course project, and salt grass habitat for the Carson gas and geothermal development, urban impacting about 2 ha (5 ac) of wetlands. wandering skipper. Grazing may be development, and the potential for Mitigation for these impacts involved allowed after this 3-year period if it is excessive livestock grazing and the creation of 9 ha (22 ac) of determined that improvement to the trampling. A water development project, intermittent, seasonal, and semi- springs has occurred. While long-term which could affect the ground water permanent wetlands adjacent to the monitoring data of salt grass are lacking, table, is also of concern. existing wetlands (Robert W. Junell, transects established in March 2002, Tall whitetop, which was first noted Corps, in litt., to Charles L. Macquarie, indicate overall utilization was in the in 2000, has encroached onto the nectar Lumos and Associates, Inc. 1993; Lumos ‘‘heavy to severe range.’’ BLM will site on the public/private property and and Associates, Inc. 1993). To date, this monitor the site annually for the 3-year has become established in patches of mitigation site has not met its objectives period for improvement in growth of slender birds-foot trefoil, this site’s to provide high-value urban wetlands vegetation. nectar source. Tall whitetop is a and enhance wetland function (Nancy Residential development is occurring perennial native to Europe and Asia Kang, Corps, in litt., to Dwight Millard, in the area surrounding the Washoe which grows in disturbed sites, wet J.F. Bawden and Stanton Park County site. Increases in domestic wells areas, ditches, roadsides, and cropland. Development 2001). could impact the water table in the area, Spreading roots and numerous seeds In addition, this site is used for resulting in changes to the salt grass make this plant difficult to control recreation by walkers and mountain and community. As this area becomes more (Stoddard et al. 1996). No further dirt bikers in the remaining open area. populated, fragmentation and advancement of tall whitetop into the degradation of the Carson wandering nectar site was observed during visits in Washoe County Site skipper’s habitat is expected to increase 2001 (V. Rivers, pers. comm., 2001), but Threats at the Washoe County site through development and recreational it appears to have spread in 2002 (V. include excessive livestock grazing and activities such as ORV use. Also, use of Rivers, pers. comm., 2002). The trampling, residential development, public lands for recreation will likely surrounding countryside, including increased potential recreational use, increase as the area becomes more both public and private lands, is such as off-road vehicles (ORV), a developed. infested (Howard 2000). Failure to proposed water exportation project, and The Nevada State Engineer’s Office control this invasive species could potential impacts associated with approved change-in-use applications quickly result in the loss of this small pesticide drift. (agricultural to municipal and industrial nectar source and the immediate salt Recent grazing practices on BLM- use) (Hugh Ricci, Nevada Department of grass area (Young et al. 1998). administered lands at the Washoe Conservation and Natural Resources, Depending on the control methods used County site allowed for a November to Division of Water Resources, in litt., (herbicide treatments or mechanical March grazing season. Although this 2001) for a private landowner plan to means) and timing, efforts to control season of use avoided impacts to adult export water from this valley and import this plant species could also impact the Carson wandering skipper nectar it to a neighboring valley. This project Carson wandering skipper population sources and impacts to eggs, larvae, and will involve the collection of up to 358 and its habitat at this site. To date, the pupae during the spring and summer, hectare-meters (ha-m) (2,900 acre-feet Carson wandering skipper has not been high livestock densities can cause larval (ac-ft)) per year of surface and ground observed nectaring on tall whitetop. mortality by trampling larvae that water through a system of ditches, A permit for proposed gas and hibernate during the winter in salt grass. natural channels, diversion structures, geothermal development has been On adjacent private lands, cattle collection facilities, and recovery wells. recently extended by the Lassen County densities and season of use are not The recovered water will be treated and Planning Commission (Albaugh 2002). regulated, and cattle have access to exported via pipeline to the neighboring The permit allows exploratory drilling

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for 14 hydrocarbon wells and one upon which the Carson wandering distribution of these populations make geothermal water test well near the skipper depends. this subspecies vulnerable to collectors. occupied site. The Carson wandering Even limited collection from the small B. Over-Utilization for Commercial, skipper has been associated with populations of Carson wandering Recreational, Scientific, or Educational skipper could have deleterious effects geothermal areas and the resulting Purposes ground and hydrologic disturbances on its viability and lead to the eventual caused by the exploratory drilling may Rare butterflies and moths are highly extinction of this subspecies. prized by collectors, and an impact the subspecies and its habitat. C. Disease or Predation Construction of the Federal international trade exists for insect Correctional Institution, and its specimens for both live and decorative Disease is not known to be a factor associated water supply and wastewater markets, as well as the specialist trade affecting this subspecies at this time. treatment facilities for the Institution that supplies hobbyists, collectors, and Predation by species, such as birds or and adjacent community, could impact researchers (Morris et al. 1991; Williams insects, on eggs, larvae, pupae, or adult Carson wandering skipper habitat. The 1996). The specialist trade differs from Carson wandering skippers is likely, but increased water needs (approximately both the live and decorative market in it is unknown how this may affect the 757 million liters (200 million gallons) that it concentrates on rare and population’s viability. threatened species (U.S. Department of per year) (The Louis Berger Group, Inc. D. The Inadequacy of Existing Justice 1993). In general, the rarer the 2002) for the project could impact Regulatory Mechanisms Carson wandering skipper habitat if the species, the more valuable it is, and prices may exceed US $2,000 for rare The Carson wandering skipper occurs ground water table is lowered and salt on Federal, State, and private lands. grass habitat is negatively affected. The specimens (Morris et al. 1991). Simply identifying a species as rare Existing regulatory mechanisms do not Federal Bureau of Prisons is currently can result in an increase in commercial fully protect this subspecies or its consulting with us on the potential or scientific interest, both legal and habitat on these lands. Existing impacts of this project to the Carson illegal, which can threaten the species regulatory mechanisms that may wandering skipper. through unauthorized and uncontrolled provide some protection for the Carson Cattle have access to the Lassen collection for scientific and/or wandering skipper include: (1) Federal County site at the private/public lands commercial purposes. Even limited laws and regulations including the location, however, it is unknown at this collection from small populations can Clean Water Act (CWA); and (2) State time what type of management is being have adverse impacts on their viability. laws including the California implemented. Like the Washoe County While there have been no studies on Environmental Quality Act (CEQA). site, season of use and densities of the impact of the removal of individuals livestock can affect the availability of from natural populations of this Federal Laws and Regulations nectar sources for adults and salt grass subspecies, it is possible that the Carson The Carson wandering skipper for larvae. Trampling of larvae is also wandering skipper has been adversely appears to be closely associated with possible. In addition, the small size of affected. At the Carson City site, wetland habitats. Current regulatory this site makes it more susceptible to individuals of the Carson wandering mechanisms, such as section 404 of the adverse impacts. skipper are known to have been CWA, have not precluded development Additional potential threats include collected for personal butterfly and alteration of these habitats. Section attempts to export water from the area collections during the late 1960s until 404 regulations require that applicants to other locations. In 1991, the Nevada the early 1990s, though populations obtain a permit from the Corps for State Engineer approved exportation of were small (Austin and Emmel 1998; projects that place fill material into 1,604 ha-m (13,000 ac-ft) of groundwater Brussard et al. 1999). From 1965 to waters of the United States. Whether an per year from Honey Lake Valley, 1989, at least 86 males and 90 females individual or nationwide permit may be located in Lassen and Washoe counties were collected during 7 different years required depends upon the activity and to Lemmon and Spanish Springs by various collectors (Austin and the amount of fill proposed. Regulatory Valleys, Washoe County. In 1993, a draft Emmel 1998). During this time, this was mechanisms addressing alterations to Bedell Flat Pipelines Rights-of-Way, the only known site at which Carson stream channels, riparian areas, springs Washoe County, Nevada Environmental wandering skipper occurred. The and seeps from various activities such Impact Statement was prepared (BLM Carson wandering skipper is now as agricultural activities, development, 1993). Further work on the Bedell Flats believed to have been extirpated from and road construction have been Project by BLM was suspended by the the site. While habitat degradation and inadequate to protect the Carson Secretary of the Interior (Secretary) in loss have occurred at this site, collecting wandering skipper habitat in Nevada 1994 due to concerns with groundwater may have also contributed to this and California. modeling, groundwater contamination, extirpation. Some protection is afforded to the and potential impacts to Pyramid Lake In 1998, the Carson wandering Carson wandering skipper on lands (Bruce Babbitt, U.S. Department of the skipper was collected at the Washoe administered by the BLM at the Washoe Interior, in litt., 1994). The project has County and Lassen County sites by UNR County site due to their commitment to since been modified by new water rights researchers for genetic analysis. Only assist in the conservation of this holders, and there are future plans, not males were collected, and these were subspecies through a Cooperative yet approved, to potentially export 987 taken late in the flight season to Agreement (CA) signed in 1999. This ha-m (8,000 ac-ft) of groundwater minimize impacts to the population CA was signed by the Service, NDOT, annually from Honey Lake Valley to the (Brussard et al. 1999). the Federal Highway Administration North Valleys (Donald Pattalock, Vidler The two known populations of Carson (FHA), and BLM in October 1999. It was Water Company, pers. comm., 2002). If wandering skipper could face strong developed to outline the actions this project, or a similar project, is pressure from collectors. Since the necessary for the conservation and implemented, lowering of the water nectar sites occur along public management of the Carson wandering table could occur and result in adverse roadsides, the subspecies is easily skipper. Development of a conservation changes to the salt grass community accessible, and the limited number and plan was one activity outlined by the

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CA. UNR was contracted by NDOT, and considered critically imperiled in the subspecies with regard to this wetland a draft plan was completed in 2000. State of Nevada due to extreme rarity, mitigation bank project. Additional biological information and imminent threats, or biological factors We have carefully assessed the best agency commitment are needed before (Nevada Natural Heritage Program scientific and commercial information this plan can be finalized. Since signing 2000). This designation provides no available regarding the past, present, the CA in 1999, BLM has designated 98 legal protection in Nevada. The Nevada and future threats faced by the Carson ha (243 ac) of their lands at the Washoe Division of Wildlife is unable to protect wandering skipper in determining to County site as an Area of Critical insects under its current regulations make this rule final. We are concerned Environmental Concern. This (Nevada Revised Statutes 1999). about the Carson wandering skipper designation allows BLM discretion in because of the extremely small number determining actions which can occur E. Other Natural or Manmade Factors of populations, habitat fragmentation, within the area (BLM 2001). However, Affecting Its Continued Existence and significant decrease in its historical these protections only cover a portion of The apparent low numbers of the range in Nevada and California. This Carson wandering skipper habitat in the Carson wandering skipper make it subspecies is threatened by the area and are insufficient to protect the vulnerable to risks associated with following factors: habitat destruction, subspecies throughout the site. small, restricted populations. The degradation, and fragmentation due to Publication of the emergency rule on elements of risk that are amplified in urban and residential development, November 29, 2001, provides protection very small populations include: (1) wetland habitat modification, for the Carson wandering skipper until Random demographic effects (e.g., agricultural uses (such as excessive July 29, 2002. Until publication of the skewed sex ratios, high death rates or livestock grazing), nonnative plant emergency rule, we considered the low birth rates); (2) the effects of genetic invasion, gas and geothermal Carson wandering skipper a candidate drift (random fluctuations in gene development, road construction and species; a candidate species designation frequencies) and inbreeding (mating recreation. Other threats include carries no formal Federal protection among close relatives); and (3) impacts from collecting, livestock under the Act. deterioration in environmental quality trampling, pesticide drift, and inadequate regulatory mechanisms. State Laws and Regulations (Gilpin and Soule´ 1986). Genetic drift and inbreeding may lead to reductions Proposed water exportation projects Although California State laws may in the ability of individuals to survive pose an additional threat. These projects provide a measure of protection to the and reproduce (i.e., reductions in could severely impact Carson subspecies, these laws are not adequate fitness) in small populations. In wandering skipper habitat by lowering to protect the Carson wandering skipper addition, reduced genetic variation in the water table, and degrading or and ensure its long-term survival. CEQA small populations may make any eliminating the salt grass community pertains to projects on non-Federal upon which the Carson wandering lands and requires that a project species less able to adapt to future environmental changes. Also, having skipper depends. proponent publicly disclose the This subspecies is also vulnerable to only two locations and restricted habitat potential environmental impacts of chance demographic, genetic, and makes the Carson wandering skipper proposed projects. Section 15065 of the environmental events, to which small susceptible to extinction or extirpation CEQA Guidelines requires a ‘‘finding of populations are particularly vulnerable. from all or a portion of its range due to significance’’ if a project has the The combination of only two random events such as fire, flood, or potential to ‘‘reduce the number or populations, small range, and restricted drought (Shaffer 1981, 1987; Primack restrict the range of a rare or endangered habitat makes the subspecies highly 1998). plant or animal’’ including those that susceptible to extinction or extirpation are eligible for listing under the In addition, the loss of habitat from a significant portion of its range California Endangered Species Act. compromises the ability of the Carson due to random events such as fire, However, under CEQA, where wandering skipper to disperse. drought, disease, or other occurrences overriding social and economic Populations are isolated with no (Shaffer 1981, 1987; Meffe and Carroll considerations can be demonstrated, a opportunity to migrate or recolonize if 1994). project may proceed despite significant conditions become unfavorable. Because the Carson wandering adverse impacts to a species. A wetlands mitigation bank is being skipper occurs at only two known The California Natural Diversity Data established near the Lassen County site. locations, and because both locations Base (CNDDB) classifies the Carson It is located adjacent to existing CDFG are subject to various immediate, wandering skipper as a S1S3 species, lands. This parcel of land has been ongoing, and future threats as outlined which identifies this subspecies as one recently grazed and farmed. The bank is above, we find that the Carson that is extremely endangered with a intended to create a minimum of 37 ha wandering skipper is in imminent restricted range within California (92 ac) of emergent wetlands at this site danger of extinction throughout all or a (CNDDB 2001). This designation to mitigate for wetland losses in significant portion of its range and, provides no legal protection in sagebrush scrub and juniper woodland therefore, meets the Act’s definition of California. The CDFG is unable to habitats due to road construction in endangered and warrants protection protect insects under its current Lassen and Modoc counties and the under the Act. Threatened status would regulations (Pete Bontadelli, CDFG, in eastern portion of Plumas County. This not accurately reflect the diminished litt., 1990), since the California bank will be managed by CDFG status and the threats to this subspecies. Endangered Species Act does not allow (California Department of for the listing of insect species. Transportation (CalTrans) and CDFG Critical Habitat In Nevada, there are no local or State 1998). Depending upon the location of Critical habitat is defined in section 3 regulations protecting the Carson constructed wetlands, loss of potential of the Act as the— (i) specific areas wandering skipper on State or non- Carson wandering skipper habitat could within the geographical area occupied Federal lands. The Nevada Natural occur. CalTrans, representing the FHA, by a species, at the time it is listed in Heritage Program ranks the Carson is currently consulting with us accordance with the Act, on which are wandering skipper as S1, meaning it is regarding potential impacts to the found those physical or biological

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features (I) essential to the conservation designate critical habitat and therefore, Federal agencies whose actions may of the species, and (II) that may require we find that critical habitat for the require consultation include, but are not special management considerations or Carson wandering skipper is not limited to, the BLM, Corps, FHA, protection, and (ii) specific areas determinable at this time. When a ‘‘not Natural Resources Conservation Service, outside the geographical area occupied determinable’’ finding is made, we U.S. Department of the Army, and the by a species at the time it is listed in must, within 2 years of the publication Federal Bureau of Prisons. Federal accordance with the provisions of date of the original proposed rule, agencies with management section 4 of the Act, upon a designate critical habitat, unless the responsibility for the Carson wandering determination by the Secretary that such designation is found to be not prudent. skipper also include the Service, in areas are essential for the conservation We will protect the Carson wandering relation to Partners for Fish and Wildlife of the species. ‘‘Conservation’’ means skipper and its habitat through section projects and issuance of section the use of all methods and procedures 7 consultations to determine whether 10(a)(1)(B) permits for habitat needed to bring the species to the point Federal actions are likely to jeopardize conservation plans, and other programs. at which listing under the Act is no the continued existence of the Activities on BLM lands could include longer necessary. subspecies, through the recovery livestock grazing and associated Section 4(a)(3) of the Act, as process, through enforcement of take management activities, sale, exchange, amended, and implementing regulations prohibitions under section 9 of the Act, or lease of Federal land containing (50 CFR 424.12) require that, to the and through the section 10 process for suitable habitat, recreational activities, maximum extent prudent and activities on non-Federal lands with no or issuance of right-of-way permits for determinable, we designate critical Federal nexus. various projects across lands they habitat at the time the species is administer. Occurrences of this determined to be endangered or Available Conservation Measures subspecies could potentially be affected threatened. Our regulations (50 CFR Conservation measures provided to by projects requiring a permit from the 424.12(a)) state that critical habitat is species listed as endangered or Corps under section 404 of the CWA. not determinable if information threatened under the Act include The Corps is required to consult on sufficient to perform the required recognition, development of recovery permit applications they receive for analysis of impacts of the designation is actions, requirements for Federal projects that may affect listed species. lacking, or if the biological needs of the protection, and prohibitions against Highway construction and maintenance species are not sufficiently well known certain activities. Recognition through projects that receive funding from the to allow identification of an area as listing results in public awareness and FHA would be subject to review under critical habitat. Section 4(b)(2) of the encourages conservation actions by section 7 of the Act. Activities Act requires us to designate critical Federal, State, and local agencies, authorized under the Natural Resources habitat on the basis of the best scientific private organizations, and individuals. Conservation Service’s Emergency data available after considering The Act provides for possible land Watershed Protection program, such as economic and other relevant impacts of acquisition and cooperation with the fire rehabilitation projects, and activities designating a particular area as critical authorized by the U.S. Department of States, and requires that the Service habitat. We may exclude any area from the Army and the Federal Bureau of carry out recovery actions for all listed critical habitat if we determine that the Prisons would also be subject to section species. The protection required of benefits of such exclusion outweigh the 7 review. In addition, activities that are Federal agencies, and the prohibitions conservation benefits, unless to do so authorized, funded, or administered by against certain activities involving listed would result in the extinction of the Federal agencies on non-Federal lands species are discussed, in part, below. species. will be subject to section 7 review. We find that critical habitat is not Section 7(a) of the Act, as amended, We believe that protection and determinable for the Carson wandering requires Federal agencies to evaluate recovery of the Carson wandering skipper. In the proposed rule, we their actions with respect to any species skipper will require reduction of the specifically solicited information on that is proposed or listed as endangered threats from habitat destruction, potential critical habitat, biological or threatened, and with respect to its degradation, and loss of salt grass and information, and information that critical habitat, if any is being wetland habitats due to urban and would aid our prudency analysis. We designated. Regulations implementing residential development, agricultural received no comments regarding this interagency cooperation provision practices (such as excessive livestock specific physical or biological features of the Act are codified at 50 CFR part grazing), nonnative plant invasion, gas essential for the Carson wandering 402. Section 7(a)(4) requires Federal and geothermal development, and road skipper which provided information agencies to confer with us on any action construction. Threats from collection, that added to our ability to determine that is likely to jeopardize the continued livestock trampling, water exportation critical habitat. In addition, the extent of existence of a species proposed for projects, pesticide drift, and recreation habitat required for recovery of the listing, or result in destruction or must also be reduced. These threats Carson wandering skipper has not been adverse modification of proposed should be considered when identified. This information is critical habitat. If a species is listed management actions are taken in considered essential for determining subsequently, section 7(a)(2) requires habitats currently and potentially critical habitat. We are also concerned Federal agencies to ensure that activities occupied by the Carson wandering that the designation of critical habitat they authorize, fund, or carry out are not skipper, and areas deemed important for could increase the degree of threat to the likely to jeopardize the continued dispersal, and connectivity or corridors subspecies through collecting or from existence of the species or destroy or between known locations of this intentional habitat degradation. Because adversely modify its critical habitat, if subspecies. Monitoring should also be information relevant to the specific any has been designated. If a Federal undertaken for any management actions biological needs of the Carson action may affect a listed species or its or scientific investigations designed to wandering skipper is not currently critical habitat, the responsible Federal address these threats or their impacts. available, we are unable to adequately agency must enter into formal Listing the Carson wandering skipper perform the analysis required to consultation with us. as endangered will provide for the

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development of a recovery plan for the commercial activity, of dead Carson Fish and Wildlife Office (see FOR subspecies. Such a plan will bring wandering skippers that were collected FURTHER INFORMATION CONTACT section). together Federal, State, and regional prior to the November 29, 2001 date of Requests for copies of the regulations on agency efforts for conservation of the publication of the emergency listing rule listed wildlife, and general inquiries subspecies. A recovery plan will in the Federal Register; regarding prohibitions and issuance of establish a framework for agencies to (2) Any actions that may result in take permits under the Act, may be coordinate their recovery efforts. The of the Carson wandering skipper that are addressed to the U.S. Fish and Wildlife plan will set recovery priorities, assign authorized, funded or carried out by a Service, Ecological Services, responsibilities, and estimate the costs Federal agency when the action is Endangered Species Permits, 911 NE of various tasks necessary to achieve conducted in accordance with the 11th Ave., Portland, OR 97232–4181 conservation and survival of the consultation requirements for listed (telephone 503/231–2063; facsimile subspecies. Additionally, pursuant to species pursuant to section 7 of the Act; 503/231–6243). section 6 of the Act, we will be able to (3) Any action taken for scientific grant funds to the States of Nevada and research carried out under a recovery Reasons for Effective Date California for management actions permit issued by the Service pursuant to We published the emergency rule for promoting the protection and recovery section 10(a)(1)(A) of the Act; and this subspecies on November 29, 2001. of this subspecies. (4) Land actions or management The 240-day period expires on July 29, The Act and its implementing carried out under a habitat conservation 2002. This final rule must be published regulations set forth a series of general plan approved by the Service pursuant on or before this date to prevent Federal prohibitions and exceptions that apply to section 10(a)(1)(B) of the Act, or an protection for the Carson wandering to all endangered wildlife. All approved conservation agreement. skipper from expiring. Because of this, prohibitions of section 9(a)(2) of the Act, Activities that we believe would we find that good cause exists for this codified at 50 CFR 17.21, in part, make potentially result in a violation of rule to take effect immediately upon it illegal for any person subject to the section 9 include, but are not limited to: publication in accordance with 5 U.S.C. jurisdiction of the United States to take (1) Unauthorized possession, 553(d)(3). (includes harass, harm, pursue, hunt, handling, or collecting of the Carson shoot, wound, kill, trap, capture, or wandering skipper. Research efforts National Environmental Policy Act collect; or attempt any such conduct), involving these activities will require a We have determined that an import or export, transport in interstate permit under section 10(a)(1)(A) of the environmental assessment and or foreign commerce in the course of Act; environmental impact statement, as commercial activity, or sell or offer for (2) Possession, sale, delivery, carriage, defined under the authority of the sale in interstate or foreign commerce transportation, or shipment of illegally National Environmental Policy Act of any listed species. It is also illegal to taken Carson wandering skipper 1969, need not be prepared in possess, sell, deliver, carry, transport, or specimens; connection with regulations adopted ship any such wildlife that has been (3) Activities authorized, funded, or pursuant to section 4(a) of the taken illegally. Certain exceptions apply carried out by Federal agencies that may Endangered Species Act of 1973, as to our agents and State conservation result in take of the Carson wandering amended. We published a notice agencies. skipper when such activities are not outlining our reasons for this Permits may be issued to carry out conducted in accordance with the determination in the Federal Register otherwise prohibited activities consultation requirements for listed on October 25, 1983 (48 FR 49244). involving endangered wildlife under species under section 7 of the Act; and certain circumstances. Regulations (4) Activities (e.g., habitat conversion, Paperwork Reduction Act governing permits are codified at 50 urban and residential development, gas This rule does not contain any new CFR 17.22 and 17.23. Such permits are and geothermal exploration and collections of information that require available for scientific purposes, to development, excessive livestock approval by Office of Management and enhance the propagation or survival of grazing, farming, road and trail Budget (OMB) under the Paperwork the species, and for incidental take in construction, water development, Reduction Act (44 U.S.C. 3501 et seq.). connection with otherwise lawful recreation, and unauthorized This rule will not impose record activities. application of herbicides and pesticides keeping or reporting requirements on It is our policy, published in the in violation of label restrictions) that State or local governments, individuals, Federal Register on July 1, 1994 (59 FR directly or indirectly result in the death businesses, or organizations. An agency 34272), to identify, to the maximum or injury of adult Carson wandering may not conduct or sponsor, and a extent practicable, activities that would skippers, or their pupae, larvae or eggs, person is not required to respond to, a or would not constitute a violation of or that modify Carson wandering collection of information unless it section 9 of the Act. The intent of this skipper habitat and significantly affect displays a currently valid OMB control policy is to increase public awareness of their essential behavioral patterns number. Information collections the effects of the listing on proposed including breeding, foraging, sheltering, associated with endangered species and ongoing activities within the or other life functions that result in permits are covered by an existing OMB subspecies’ range. With respect to the death or physical injuries to skippers. approval and are assigned control Carson wandering skipper, based upon Otherwise lawful activities that number 1018–0093 expires March 31, the best available information, we incidentally take Carson wandering 2004. believe the following actions would not skipper specimens, but have no Federal be likely to result in a violation of nexus, will require a permit under Executive Order 13211 section 9, provided these activities are section 10(a)(1)(B) of the Act. On May 18, 2001, the President issued carried out in accordance with existing Questions regarding whether specific an Executive Order on regulations that regulations and permit requirements: activities risk violating section 9 should significantly affect energy supply, (1) Possession, delivery, including be directed to the Field Supervisor of distribution, and use. Executive Order interstate transport and import or export the Nevada Fish and Wildlife Office or 13211 requires agencies to prepare from the United States, involving no the Field Supervisor of the Sacramento Statements of Energy Effects when

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undertaking certain actions. This rule is Wildlife Service, Nevada Fish and PART 17—[AMENDED] not expected to significantly affect Wildlife Office (see ADDRESSES section). energy supplies, distribution, or use. 1. The authority citation for part 17 Therefore, this action is not a significant List of Subjects in 50 CFR Part 17 continues to read as follows: energy action and no Statement of Endangered and threatened species, Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Energy Effects is required. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Exports, Imports, Reporting and 625, 100 Stat. 3500, unless otherwise noted. References Cited recordkeeping requirements, Transportation. 2. In § 17.11(h), add the following, in A complete list of all references cited alphabetical order under INSECTS, to herein is available upon request from Regulation Promulgation the List of Endangered and Threatened the Nevada Fish and Wildlife Office (see Wildlife: ADDRESSES section). Accordingly, we amend part 17, § 17.11 Endangered and threatened Author subchapter B of chapter I, title 50 of the Code of Federal Regulations as set forth wildlife. The primary author of this final rule below: * * * * * is Marcy Haworth, U.S. Fish and (h) * * *

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

******* INSECTS

******* Skipper, Carson Pseudocopaeodes U.S.A. (CA, NV) ... U.S.A., (Lassen County, CA; Washoe E 730 NA ...... NA wandering. eunus obscurus. County, NV).

*******

Dated: July 26, 2002. DATES: Effective 1200 hrs, Alaska local species fishery in the GOA has been Steve Williams, time (A.l.t.), August 2, 2002, until 1200 reached. Consequently, NMFS is Director, Fish and Wildlife Service. hrs, A.l.t., September 1, 2002. prohibiting directed fishing for the [FR Doc. 02–20007 Filed 8–6–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: deep-water species fishery by vessels BILLING CODE 4310–55–P Mary Furuness, 907–586–7228. using trawl gear in the GOA. The species and species groups that SUPPLEMENTARY INFORMATION: NMFS comprise the deep-water species fishery manages the groundfish fishery in the are: all rockfish of the genera Sebastes GOA exclusive economic zone DEPARTMENT OF COMMERCE and Sebastolobus, deep water flatfish, according to the Fishery Management rex sole, arrowtooth flounder, and National Oceanic and Atmospheric Plan for the Groundfish Fishery of the sablefish. Administration Gulf of Alaska (FMP) prepared by the Maximum retainable bycatch amounts North Pacific Fishery Management may be found in the regulations at 50 CFR Part 679 Council under authority of the § 679.20(e) and (f). Magnuson-Stevens Fishery Conservation and Management Act. Classification [Docket No. 011218304–1304–01; I.D. Regulations governing fishing by U.S. This action responds to the best 080202A] vessels in accordance with the FMP available information recently obtained Fisheries of the Exclusive Economic appear at subpart H of 50 CFR part 600 from the fishery. The Assistant Zone Off Alaska; Deep-Water Species and 50 CFR part 679. Administrator for Fisheries, NOAA, Fishery by Vessels Using Trawl Gear in The Pacific halibut bycatch allowance finds that, because the third seasonal the Gulf of Alaska for the GOA trawl deep-water species apportionment of the 2002 Pacific fishery, which is defined at halibut bycatch allowance specified for AGENCY: National Marine Fisheries § 679.21(d)(3)(iii)(B), was established by the deep-water species fishery in the Service (NMFS), National Oceanic and an emergency rule implementing 2002 GOA has been reached, the need to Atmospheric Administration (NOAA), harvest specifications and associated immediately implement this action Commerce. management measures for the constitutes good cause to waive the ACTION: Closure. groundfish fisheries off Alaska (67 FR requirement to provide prior notice and 956, January 8, 2002) for the third opportunity for public comment SUMMARY: NMFS is prohibiting directed season, the period June 30, 2002, pursuant to the authority set forth at 5 fishing for species that comprise the through September 1, 2002, as 400 U.S.C. 553(b)(B). These procedures are deep-water species fishery by vessels metric tons. unnecessary and contrary to the public using trawl gear in the Gulf of Alaska In accordance with § 679.21(d)(7)(i), interest because of the need to (GOA). This action is necessary because the Administrator, Alaska Region, implement these measures in a timely the third seasonal apportionment of the NMFS, has determined that the third fashion because the third seasonal 2002 Pacific halibut bycatch allowance seasonal apportionment of the 2002 apportionment of the 2002 Pacific specified for the deep-water species Pacific halibut bycatch allowance halibut bycatch allowance specified for fishery in the GOA has been reached. specified for the trawl deep-water the deep-water species fishery in the

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