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Critical Habitat Designation Stress to Obtain Essential Nutrients Or Currently Aware of Any Federal Lands Water Monday, October 16, 2000 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for the Bay Checkerspot Butterfly (Euphydryas editha bayensis); Proposed Rule VerDate 11<MAY>2000 18:45 Oct 13, 2000 Jkt 194001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\16OCP2.SGM pfrm02 PsN: 16OCP2 61218 Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Proposed Rules DEPARTMENT OF THE INTERIOR (3) You may hand-deliver comments threatened bay checkerspot as occurring to our Sacramento Fish and Wildlife in San Francisco Bay area counties, Fish and Wildlife Service Office, U.S. Fish and Wildlife Service, notably the Counties of San Mateo and 2800 Cottage Way, Suite W 2605, Santa Clara. 50 CFR Part 17 Sacramento, California 95825. The bay checkerspot formerly Public Hearing: We will hold the occurred around San Francisco Bay, RIN 1018±AH61 Newark hearing at the Hilton Newark/ from Twin Peaks and San Bruno Endangered and Threatened Wildlife Fremont, 39900 Balentine Drive, Mountain (west of the Bay) and Contra and Plants; Proposed Designation of Newark, California. Costa County (east of the Bay) south Critical Habitat for the Bay Document Availability: Comments through Santa Clara County. Before the Checkerspot Butterfly (Euphydryas and materials received, as well as introduction of invasive Eurasian editha bayensis) supporting documentation used in the grasses and other weeds in the 1700s, its preparation of this proposed rule, will distribution may have been wider AGENCY: Fish and Wildlife Service, be available for public inspection, by (Service 1998). In the decades preceding Interior. appointment, during normal business listing, the decline of the bay ACTION: Proposed rule. hours at the address listed under (3) checkerspot was primarily attributed to above. loss of habitat and fragmentation of SUMMARY: We, the U.S. Fish and habitat due to increasing urbanization. FOR FURTHER INFORMATION CONTACT: Drought and other extremes of weather Wildlife Service (Service), propose to David Wright or Ken Sanchez at have also been implicated in bay designate critical habitat pursuant to the telephone 916/414±6600. Endangered Species Act of 1973, as checkerspot population declines amended (Act), for the bay checkerspot SUPPLEMENTARY INFORMATION: (Service 1998). Recent research has butterfly (Euphydryas editha bayensis) Background tentatively identified excess nitrogen (bay checkerspot). A total of deposition from polluted air as a threat The bay checkerspot is a medium- approximately 10,597 hectares (26,182 to bay checkerspot habitats, due to its sized butterfly with a wingspan of about acres) of land falls within the fertilizing effect enhancing the growth 5 centimeters (2 inches). The forewings boundaries of the proposed critical of invasive nonnative plants even in have black bands along all the veins on habitat designation. Proposed critical serpentine soil areas (Weiss 1999). the upper wing surface, contrasting habitat is located in San Mateo and The known range of the bay sharply with bright red, yellow, and Santa Clara Counties, California. If this checkerspot is now reduced to Santa white spots. The bay checkerspot differs proposal is made final, section 7 of the Clara and San Mateo Counties, and the from LuEsther's checkerspot Act requires Federal agencies to insure butterfly is patchily distributed in these (Euphydryas editha luestherae) (a later- that any activity they fund, authorize, or locales. Studies of the bay checkerspot flying, Pedicularis-feeding subspecies of carry out does not result in the have described its distribution as an Inner Coast Range chaparral in central destruction or adverse modification of example of a metapopulation (see California) by being darker, and by critical habitat. Section 4 of the Act literature cited in Service 1998). A lacking a relatively uninterrupted red requires us to consider economic and metapopulation is a group of spatially band demarcating the outer wing third. other impacts of specifying any separated populations that can The black banding on the forewings of particular area as critical habitat. We occasionally exchange dispersing the bay checkerspot gives a more solicit data and comments from the individuals. The populations in a checkered appearance than in other public on all aspects of this proposal, metapopulation are usually thought of subspecies, such as the smaller Quino including data on the economic and as undergoing interdependent checkerspot (Euphydryas editha quino) other impacts of the designation. We extinction and colonization, where of southern California, or the montane may revise this proposal to incorporate individual populations may go extinct, subspecies (for example, the Mono or address new information received but later recolonize from another checkerspot, Euphydryas editha during the comment period. population. Bay checkerspot monoensis) (Service 1998). populations may also exhibit ``pseudo- DATES: We will accept comments until Recent publications have advocated extinction,'' where the species is not December 15, 2000. We will hold a renaming the bay checkerspot, found, but nonetheless continues to public hearing in Newark, California, on Euphydryas editha bayensis, as inhabit a site and reappears in a October 30, 2000, from 1:00 p.m. to 3:00 Euphydryas editha editha for reasons of subsequent year. Larvae that diapause p.m. and from 6:00 p.m. to 8:00 p.m. historical precedence (Mattoni et al. (spend a period of dormancy as larvae ADDRESSES: Comment Submission: If 1997; Emmel et al. 1998). Mattoni and (caterpillars)), under rocks and deep in you wish to comment, you may submit co-authors (1997) have also suggested soil cracks for more than 1 year may be your comments and materials that Euphydryas editha editha ranges responsible for pseudo-extinctions, concerning this proposal by any one of from the San Francisco Bay area south since dormant larvae are essentially several methods. to Santa Barbara County in California, undetectable in surveys. Because of (1) You may mail written comments and includes both the populations pseudo-extinction and metapopulation to the Field Supervisor, Sacramento commonly known as the bay dynamics, even sites that in some years Fish and Wildlife Office, U.S. Fish and checkerspot and several populations apparently lack the bay checkerspot can Wildlife Service, 2800 Cottage Way, south of Santa Clara County whose be important to the survival and Suite W 2605, Sacramento, California subspecific status has been uncertain. If recovery of the species. 95825. this expanded subspecific assignment is Bay checkerspot butterfly populations (2) You may send comments by accepted by the scientific community, it vary greatly from year to year. Many or electronic mail (e-mail) to would represent a range extension for most individuals of the species live only [email protected]. See the the bay checkerspot. Until such time as a single year, and with high fecundity Public Comments Solicited section we make any new or revised (fertility), high mortality, and sensitivity below for file format and other determination on the taxonomy, and in to weather and perhaps other ecological information about electronic filing. this proposed rule, we treat the conditions, large population swings are VerDate 11<MAY>2000 18:45 Oct 13, 2000 Jkt 194001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\16OCP2.SGM pfrm02 PsN: 16OCP2 Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Proposed Rules 61219 common for the bay checkerspot. natural reestablishment of bay On June 30, 1999, the Center for Fluctuations of more than 100-fold have checkerspot populations that have Biological Diversity filed a complaint been observed. These fluctuations are disappeared. Qualitative observations against us challenging our critical not always in synchrony among suggest that bay checkerspots move habitat findings for seven species, populations at different sites. readily over suitable grassland habitat, including the bay checkerspot. On Habitat of the bay checkerspot exists but are more reluctant to cross scrub, August 30, 2000, the United States on shallow, serpentine-derived or woodland, or other unsuitable habitat. District Court for the Northern District similarly droughty or infertile soils, Roads, especially those traveled more of California (Southwest Center for which support the butterfly's larval food heavily and at higher speeds, present a Biological Diversity v. Bruce Babbitt, et plants as well as nectar sources for risk of death or injury to dispersing bay al., CIV 99±3202 SC) ruled on several of adults. Serpentine soils are high in checkerspots. Where corridors that the species involved, including the bay magnesium and low in calcium, and are facilitate dispersal exist, they may checkerspot. The court ordered us to a strong indicator of habitat value for support the persistence of bay propose critical habitat within 60 days the butterfly. The primary larval host checkerspot populations. of the ruling and to finalize the plant of the bay checkerspot is Plantago The bay checkerspot's life cycle is designation within 120 days of the erecta (dwarf plantain), an annual, closely tied to host plant biology. Host proposed designation. native plantain. The butterfly usually is plants germinate anytime from early Critical Habitat found associated with Plantago erecta October to late December, and senesce Critical habitat is defined in section 3 in
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