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Entry and Inspection of Facilities. winged grasshopper (Trimerotropis included in the Zayante sand hills Section .46 infantilis) are endemic to the unique ecosystem. Financial Responsibility for Petroleum Zayante sand hills ecosystem associated The occurrence of ponderosa pine UST Owners and Operators. with isolated sandstone deposits in the (Pinus ponderosa) in this region Section .48 represents a disjunct, remnant Severability. Santa Cruz Mountains, Santa Cruz County, California. occurrence of the species in the Santa [FR Doc. 97–1763 Filed 1–23–97; 8:45 am] The Santa Cruz Mountains are a Cruz Mountains, reflective of the unique BILLING CODE 6560±50±P geologically young range composed of edaphic conditions on Zayante soils. igneous and metamorphic rocks Here, maritime coast range ponderosa overlaid by thick layers of sedimentary pine forest occurs as open, park-like DEPARTMENT OF THE INTERIOR material uplifted from the ocean floor stands with low densities of ponderosa and ancient shoreline zone (Caughman pines occasionally interspersed with Fish and Wildlife Service and Ginsberg 1987). These Miocene knobcone pines (Pinus attenuata) and, at some sites, the federally endangered 50 CFR Part 17 marine terraces, called the Santa Margarita formation (Clark 1981; Santa Cruz cypress (Cupressus RIN 1018±AC50 Marangio 1985), persist as pockets of abramsiana). The presence of knobcone sandstones and limestones geologically pines and Santa Cruz cypress, which Endangered and Threatened Wildlife distinct from the volcanic origins of the require periodic fires for reproduction and Plants; Determination of Santa Cruz Mountains. Soils that formed (Vogl et al. 1988), suggests that fire may Endangered Status for Two Insects from these sandstone deposits occur in play an important role in the From the Santa Cruz Mountains of scattered pockets covering maintenance of the Zayante sand hills California approximately 3,400 hectares (ha) (8,400 habitat mosaic (Griffin 1964; Marangio acres (ac)), and are called the Zayante 1985; Holland 1986). AGENCY: Fish and Wildlife Service, Northern maritime chaparral on soil series (USDA Soil Conservation Interior. Zayante soils is dominated by the silver- Service 1980). Zayante soils are ACTION: Final rule. leafed manzanita (Arctostaphylos endemic to Santa Cruz County and silvicola), a candidate for Federal listing occur in three primary clusters. The SUMMARY: The U.S. Fish and Wildlife endemic to the region. It may occur as largest cluster is in the vicinity of the Service (Service) determines monotypic stands or be mixed with communities of Ben Lomond, Felton, endangered status pursuant to the Ceanothus sp., Adenostoma sp., Mount Hermon, Olympia, and Scotts Endangered Species Act of 1973, as Eriodictyon sp., and other shrub species. amended (Act), for the Mount Hermon Valley. A second cluster is located in Knobcone pine may occasionally be June beetle (Polyphylla barbata) and the Bonny Doon area. The third, and present (Morgan 1983; Marangio 1985; Zayante band-winged grasshopper smallest, cluster is found near the Lee 1994). (Trimerotropis infantilis). These two community of Corralitos. Zayante soils The Zayante sand hills ecosystem insect species are restricted to the are deep, coarse-textured, poorly harbors a diversity of rare and endemic Zayante sand hills ecosystem endemic developed, and well drained (USDA plant species and disjunct populations to inland marine sand deposits in the Soil Conservation Service 1980). (Thomas 1961; Griffin 1964; Morgan Santa Cruz Mountains of Santa Cruz Predominant vegetation of the Santa 1983). In addition to the endemic silver- County, California. The species are in Cruz Mountains consists of coast leafed manzanita and the disjunct danger of extinction principally because redwood forest (Zinke 1988) and mixed population of ponderosa pine, Zayante of ongoing and future habitat loss to evergreen forest (Sawyer et al. 1988). soils support the federally endangered sand mining and urban development. However, the coarse, sandy, Zayante Erysimum teretifolium (Ben Lomond This rule implements Federal protection soils create a warmer and drier wallflower), Chorizanthe pungens var. and recovery provisions afforded by the microclimate that supports a uniquely hartwegiana (Ben Lomond spineflower), Act for each of these animals. The adapted flora distinctly different from and Chorizanthe robusta var. hartwegii proposal to list the Santa Cruz rain the surrounding forest and chaparral (Scotts Valley spineflower). Because of beetle (Pleocoma conjungens communities (Marangio 1985; Davilla the unique flora found there, the conjungens) as an endangered species is 1990). The Zayante soils in the Ben Zayante sand hills are considered to be being withdrawn and will appear in a Lomond-Mount Hermon-Scotts Valley ‘‘biological islands’’ (Marangio 1985). separate section of this publication. and Bonny Doon regions harbor a A unique habitat within the Zayante EFFECTIVE DATE: February 24, 1997. complex vegetation mosaic dominated sand hills ecosystem is sand parkland by maritime coast range ponderosa pine characterized by sparsely vegetated, ADDRESSES: The complete file for this forest and northern maritime chaparral rule is available for inspection, by sandstone-dominated ridges and saddles (Griffin 1964; Holland 1986). The appointment, during normal business that support a wide array of annual and distributions of northern maritime hours at the U.S. Fish and Wildlife perennial herbs and grasses. Scattered chaparral and maritime coast range Service, Ventura Field Office, 2493 ponderosa pine trees are often present. ponderosa pine forest overlap to form a Portola Road, Suite B, Ventura, Although overall vegetation cover is complex and intergrading mosaic of California 93003. generally less than 20 percent, sand communities variously referred to as parkland supports over 90 specifically FOR FURTHER INFORMATION CONTACT: Carl ‘‘ponderosa sand parkland,’’ ‘‘ponderosa adapted plant species (Morgan 1983; Benz, Assistant Field Supervisor (see pine sandhills,’’ and ‘‘silver-leafed Davilla 1990). ADDRESSES section, telephone 805/644– manzanita mixed chaparral.’’ These The ranges of the Mount Hermon June 1766). habitats will be collectively referred to beetle and Zayante band-winged SUPPLEMENTARY INFORMATION: as ‘‘Zayante sand hills habitat’’ or the grasshopper are highly restricted within ‘‘Zayante sand hills ecosystem.’’ The the Santa Cruz Mountains. The Mount Background Corralitos cluster of Zayante soils is Hermon June beetle is limited to the The Mount Hermon June beetle distant and does not support similar Zayante sand hills ecosystem. It is (Polyphylla barbata) and Zayante band- vegetation. Therefore, that cluster is not found in sand parkland and other sandy

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The restricted The Mount Hermon June beetle was emerging from their burrows to fly low distributions of these species are likely first described by Cazier (1938) from to the ground in search of females (W. due to various factors including Mount Hermon, Santa Cruz County, Hazeltine, in litt. 1994). Females are substrate and food preferences, edaphic California. The adult male is a cryptic thought to be fossorial, remaining just tolerances, and the low mobility of small scarab beetle with a black head, below the surface in burrows. Females fossorial larvae and females. Most dark blackish-brown elytra (thick may not fly due to their large body size Polyphylla species seem to prefer sand leathery forewings) clothed with (A. Evans, pers. comm. 1993; A. Hardy, and grass or sand, grass, and conifer scattered long brown hair, and a striped California Department of Food and associations similar to those found in body. Elytral vittae (stripes) are broken, Agriculture, pers. comm. 1993). Like the Zayante sand hills ecosystem often reduced to discontinuous clumps other Polyphylla species, males are (Borror et al. 1976; Young 1988; A. of scales, but still form identifiable lines believed to locate females by tracking Hardy, pers. comm. 1993). (Cazier 1938; Young 1988). Females are female pheromone signals (Fowler and The range of the Mount Hermon June larger, with a black head, chestnut- Whitford 1981; Hazeltine 1993); such a beetle is restricted to the Zayante sand colored clypeus (plate on lower part of mechanism would ensure reproductive hills habitat of the Ben Lomond-Mount face) and elytra, and golden hairs on the success within the limited time period Hermon-Scotts Valley area. Historically, head, thorax, and legs (Young 1988). for mating (Lilly and Shorthouse 1971). specimens were known only from The single adult female described was The flight season generally extends from ‘‘sandhills’’ at the type locality of Mount 22 by 11 millimeters (mm) (0.87 by 0.43 mid-June to late July. The flight time of Hermon in Santa Cruz County, inches (in.)), while the holotype male males appears restricted to evening, California (Cazier 1938, 1940; Young was 20 by 9.7 mm (0.79 by 0.39 in.) being observed only between 8:45 and 1988). A single historic specimen (Young 1988). 9:30 pm; flights may occur later during collected in 1968 and labeled only ‘‘Santa Cruz’’ has been reported (S. The Mount Hermon June beetle is 1 of the latter part of the flight season McCabe, California Native Plant Society, 28 species of Polyphylla in North (Hazeltine 1993). in litt. 1991). This specimen was not America north of Mexico, and 1 of 15 The small mouthparts and limited helpful in the Service’s range analysis species of the diffracta complex within flight period of Mount Hermon June because of its non-specific location the genus Polyphylla (Young 1988). The beetles suggest that adults of this label. status of P. barbata as a full species was species do not feed (W. Hazeltine, in litt. Between 1989 and 1994, Mount supported by Cazier (1940) and again by 1993). Adults of the related Polyphylla Hermon June beetles were collected at Young (1988), who recently made decemlineata are known to feed on the 28 of 43 sites surveyed. Records include several nomenclatural adjustments to leaves of trees (Johnson 1954). At the results of a regional survey and the genus Polyphylla but retained P. end of the flight period each evening, incidental collections (S. McCabe 1991; barbata. Three other wide-ranging males burrow back into the soil, Hazeltine 1993; W. Hazeltine, pers. species of Polyphylla occur in the Ben emerging repeatedly on subsequent comm. 1994; D. Russell, pers. comm. Lomond-Mount Hermon-Scotts Valley evenings to search for mates until their 1994). Twenty six of the 28 collection area—P. crinita, P. nigra, and P. nutrient reserves expire (Hazeltine locations were on mapped Zayante soils decemlineata. The Mount Hermon June 1993). Females are believed to lay eggs in the primary cluster of the Ben beetle is distinguished from other at the bottom of their burrows and die Lomond-Mount Hermon-Scotts Valley species of Polyphylla by the presence of a short time later. The life cycle area. The other two collection records relatively dense, long, erect hairs continues as newly hatched larvae were within the same area, in proximity scattered randomly over the elytra and tunnel from the burrow in search of to mapped Zayante soils (Hoekstra short erect hairs on the pygidium roots. 1994). All sites were similarly (abdominal segment) (Young 1988). Habitat of the Mount Hermon June characterized by sparsely vegetated Like other Polyphylla species, the beetle is described as ponderosa pine- sandy substrate with silver-leafed Mount Hermon June beetle is believed chaparral habitat with sandy soil and manzanita or ponderosa pine (Hazeltine to require about 2 to 3 years to mature open, sparsely vegetated areas 1993; J. Hoekstra, pers. obs. 1994). from an egg through the adult form. (Hazeltine 1993; W. Hazeltine, pers. Mount Hermon June beetles were not However, the rate of growth of comm. 1994; J. Hoekstra, U.S. Fish and found in surveys of suitable Zayante laboratory-reared larvae suggests that Wildlife Service, pers. obs. 1994). sand hills habitat outside the Ben the Mount Hermon June beetle may Mount Hermon June beetles also may Lomond-Mount Hermon-Scotts Valley complete its life cycle within 1 year (W. occur in more vegetated areas of area; nor were they found at locations Hazeltine, in litt. 1994). Most of the life chaparral (D. Russell, Miami University, with habitat not characteristic of the cycle is spent in larval stages. The Ohio, pers. comm. 1994). Common Zayante sand hills ecosystem (Hoekstra larvae are subterranean and feed on vegetation found in these open areas 1994). plant roots. While Polyphylla larvae are includes bracken fern (Pteridium Over 40 percent of Zayante sand hills generally considered to be grass and aquilinum), monkeyflower (Diplacus habitat is estimated to have been lost to, pine root feeders (F. Andrews, sp.; Mimulus sp.), grasses, and small or altered by, human activities California Department of Food and annual forbs (J. Hoekstra, pers. obs. including—sand mining, urban Agriculture, pers. comm. 1993; A. 1994). While not always present, silver- development, recreational activities, Evans, Los Angeles Museum of Natural leafed manzanita seems to be a good and agriculture. Historically, Zayante History, pers. comm. 1993), the Mount indicator of suitable habitat (Hazeltine sand hills habitat was estimated to have Hermon June beetle also may feed on 1993; J. Hoekstra, pers. obs. 1994) All of covered 2533 ha (6265 ac) (Lee 1994). the roots of monkeyflower, oak, fern, these descriptions are consistent with Currently, 1459 ha (3608 ac) remain in and other plants found in the Zayante those of Zayante sand hills habitat. a natural state (Lee 1994). Portions of

VerDate 28-OCT-97 11:56 Jan 14, 1998 Jkt 179005 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\XXTEMP\R24JA0.XXX r24pt1 3618 Federal Register / Vol. 62, No. 16 / Friday, January 24, 1997 / Rules and Regulations the Zayante sand hills ecosystem are ‘‘sandy substrate sparsely covered with 1994). Approximately 200 to 240 ha protected under public ownership in Lotus and grasses at the base of pines’’ (500 to 600 ac) of sand parkland existed only three locations—the Quail Hollow (Rentz and Weissman 1984). Subsequent historically (Marangio and Morgan Ranch, owned by the County of Santa reports describe habitat as open sandy 1987). By 1986, only 100 ha (250 ac) of Cruz; Bonny Doon Ecological Preserve, areas with sparse, low annual and sand parkland remained intact managed by the California Department perennial herbs on high ridges with (Marangio and Morgan 1987). By 1992, of Fish and Game; and Henry Cowell sparse ponderosa pine. Such sand parkland was reportedly reduced Redwoods State Park (Marangio 1985; descriptions are consistent with those of to only 40 ha (100 ac) (R. Morgan, pers. Lee 1994). However, the Mount Hermon sand parkland. Surveys also report that comm. 1992). A more recent assessment June beetle is not known to occur in the Zayante band-winged grasshopper revised that estimate up to 78 ha (193 either the Bonny Doon Ecological co-occurs with Erysimum teretifolium ac) because of identification and Preserve or Henry Cowell Redwoods (Ben Lomond wallflower), a federally inclusion of additional lower quality State Park. The majority of Zayante sand endangered plant (White 1993; R. sand parkland (Lee 1994). Evaluation of hills habitat is on privately owned Morgan, in litt. 1994). The significance sand parkland quality was based upon properties and is susceptible to of such an association is unknown. vegetation structure and species continued sand mining and urban The Zayante band-winged composition. Only 20 ha (49 ac) of sand development. No Federal land is located grasshopper is narrowly restricted to parkland habitat are publicly owned— in the region. sand parkland habitat found on ridges 1.2 ha (3 ac) of high quality and 2.4 ha The Zayante band-winged and hills within the Zayante sand hills (6 ac) low quality habitat are protected grasshopper was first described from a ecosystem. The species was described within the Quail Hollow Ranch, owned sand parkland area near Mount Hermon from specimens collected in 1977 on by the County of Santa Cruz; 8 ha (20 in the Santa Cruz Mountains, Santa sparsely vegetated sandy soil above the ac) of low quality sand parkland are Cruz County, California (Rentz and Olympia sand quarry. Other historic protected in the Bonny Doon Ecological Weissman 1984). The body and specimens were labeled only ‘‘Santa Preserve, managed by the California forewings are pale gray to light brown Cruz Mts., no date’’; ‘‘Alma, 1928’’; Department of Fish and Game (Lee with dark crossbands on the forewings. ‘‘Felton, 1959’’; and ‘‘Santa Cruz, 1941’’ 1994); and approximately 8 ha (20 ac) of The basal area of the hindwings is pale (Rentz and Weissman 1984). Because no low quality habitat occur in Henry yellow with a faint thin band. The hind specific location or habitat descriptions Cowell Redwoods State Park (S. tibiae (lower legs) are blue-gray and the accompanied the historic specimens, Steinmetz, Henry Cowell Redwoods eye is banded. It is one of the smallest they were not considered in the State Park, pers. comm. 1993). The species in the genus. Males range in assessment of current range and status Zayante band-winged grasshopper does length from 13.7 to 17.2 mm (0.54 to of the species. The ‘‘Alma 1928’’ record not occur in the Bonny Doon Ecological 0.68 in.); females are larger, ranging in may suggest distributional outliers, but Preserve or Henry Cowell Redwoods length from 19.7 to 21.6 mm (0.78 to no subsequent collections have been State Park. The remaining 58 ha (143 ac) 0.85 in.) (Otte 1984; Rentz and recorded to substantiate the current of sand parkland are privately owned Weissman 1984). existence of such a population. and at risk of loss to sand mining and The Zayante band-winged Furthermore, the town of Alma urban development (D. Hillyard, grasshopper is 1 of 56 species in the currently is inundated by a reservoir, California Department of Fish and genus Trimerotropis (Rentz and and the cited specimens cannot be Game, pers. comm. 1993; Lee 1994). Weissman 1984). This species is similar located in the listed depository for in appearance to Trimerotropis occulans verification (W. Hazeltine, in litt. 1994; Previous Federal Action and Trimerotropis koebelei; neither of D. Weissman, California Academy of The Service included the Mount these species is known from the Zayante Sciences, pers. comm. 1994). sand hills region (Otte 1984; Rentz and Between 1989 and 1994, Zayante Hermon June beetle as a category 2 Weissman 1984). Trimerotropis band-winged grasshoppers were found candidate species in the January 6, 1989 thalassica and Trimerotropis at 10 of 39 sites sampled during two (54 FR 554) and November 21, 1991 (56 pallidipennis pallidipennis have been independent regional surveys (White FR 58804) Animal Notices of Review. caught nearby but are not considered 1993; R. Morgan, in litt. 1994). All 10 Category 2 species were those for which sympatric (Rentz and Weissman 1984). collection locations were on Zayante information in the Service’s possession The flight season of the Zayante band- series soils (Hoekstra 1994). The habitat indicated that listing was possibly winged grasshopper extends from late at these sites was consistently described appropriate, but for which substantive May through August with peak activity as a sparsely vegetated sandy substrate data on biological vulnerability and during July and August (White 1993; R. or sand parkland (White 1993; R. threats were not available to support Morgan, in litt. 1994). Specimens have Morgan, in litt. 1994). The association proposed rules. been collected as late as November 1 and restriction of the Zayante band- On February 11, 1991, the Service was (White 1993). When flushed, winged grasshopper to sand parkland petitioned by Mr. Stephen McCabe, individuals generally fly 1 to 2 meters was further corroborated by an overlay California Native Plant Society, to (m) (3 to 7 feet (ft)), stridulating of collection locations on maps emergency list the Mount Hermon June (producing a buzzing sound) in flight delineating sand parkland habitat beetle as an endangered species. The (Rentz and Weissman 1984). Band- (Marangio 1985; R. Morgan, in litt. 1994; Service made a 90-day finding on June winged grasshoppers often alight on Lee 1994). All 10 collection locations 10, 1991, that although an emergency bare ground, and are conspicuous in fell within 7 discrete areas of sand situation did not exist, substantial flight because of the color of the hind parkland habitat (Hoekstra 1994). information had been presented wings and the crackling sound made by Over 60 percent of sand parkland is indicating that listing may be warranted, the wings (Borror et al. 1976). No estimated to have been lost to, or altered and announced this decision in the additional information on the life cycle by, human activities including sand August 19, 1992, Federal Register (57 of this species is available. mining, urban development, recreation, FR 37513). The Service initiated a status Habitat of the Zayante band-winged and agriculture (Marangio and Morgan review of the Mount Hermon June beetle grasshopper was originally described as 1987; R. Morgan, pers. comm. 1992; Lee at that time.

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The Service was petitioned on July withdrawn by the Service. A notice Issue 1: Numerous respondents 16, 1992, by Dr. David Weissman, withdrawing the proposal is published concluded that listing the three insect California Academy of Sciences, to list in the Federal Register concurrently species would have adverse economic the Zayante band-winged grasshopper with this final rule. and social effects. Several commenters as an endangered species. No separate felt that residential and commercial Summary of Comments and 90-day finding was published for this development would be stopped or Recommendations species; final finding for the petitioned hindered. Other commenters were action was contained in a proposed rule, In the May 10, 1994, proposed rule concerned about effects to local mining which included listing the Zayante and associated notifications, all and railroad businesses. Three band-winged grasshopper as endangered interested parties were requested to commenters requested that the Service (59 FR 24112). submit factual reports or information consider and analyze possible The Service learned of the status of, that might contribute to the socioeconomic impacts. A and threats to, the Santa Cruz rain beetle development of a final rule. Appropriate representative of the Department of the (Pleocoma conjungens conjungens) Federal and State agencies, County and Interior Bureau of Mines (Bureau) during status reviews of the Mount local governments, scientific offered the Bureau’s assistance with Hermon June beetle and Zayante band- organizations, and other interested such analysis. Another commenter winged grasshopper. During the status parties were contacted and requested to concluded that the Service failed to reviews of the three taxa, the Service comment. The initial 60-day comment include Regulatory Flexibility Act examined the available literature and period was extended through August 1, analysis. Some commenters stated that data on life history, ecology, locality 1994 (59 FR 33484), and reopened from the listing would turn public opinion records, and species’ ranges. Sources of September 1, 1994, through October 31, against preservation of endangered status and threat information for the 1994, to allow submission of additional species, and discredit conservation Mount Hermon June beetle, Zayante comments (59 FR 45254). Newspaper organizations, the Act, and other band-winged grasshopper, and Santa notices were published in the Santa environmental organizations. Several Cruz rain beetle included reports and Cruz Sentinel on September 22, 1994, commenters charged that the Act was plans supplied by proponents of the and in the San Jose Mercury News on being subverted by proponents of the listing and reviewing agencies’ plans for September 30, 1994, inviting general listing and the Service for political development projects within the range public comment. purposes, including habitat protection, of these three species, and reviewing The Service received a written request land use control, and development published and unpublished data from from Dr. William Hazeltine of Oroville, restriction. On the other hand, several scientists with expertise on these taxa California for a public hearing. The respondents asserted that the economic and their habitat needs. public hearing was held on July 18, effects of the listing were being On May 10, 1994, the Service 1994, at the Santa Cruz County exaggerated by opponents. They argued published a proposed rule in the Government Building in Santa Cruz, that individual property and Federal Register (59 FR 24112) to list California. Each speaker was provided 5 homeowners would not be significantly the three insects as endangered. The minutes to present oral testimony affected since most of the known proposed rule constituted the final concerning the proposed rule; written occurrences were on a small number of finding for the petitioned actions for the comments also were accepted at the large properties. Proponents also cited Mount Hermon June beetle and Zayante public hearing. Approximately 40 the uniqueness of the ecosystem and its band-winged grasshopper, in individuals attended the public hearing; flora and fauna as a reason to list the accordance with section 4(b)(3)(B)(ii) of 17 presented statements. species. the Act. The proposed rule opened a Seventy three comments, including Service Response: These comments public comment period through July 11, those of 1 Federal agency, 1 State address a diversity of economic, social, 1994, to allow submission of new and agency, 3 local government officials, and political issues. However, section additional information on the species and 50 private groups and individuals, 4(b)(1)(A) of the Act requires that a and written comments from the public. were received during the comment listing determination be based solely on A public hearing was requested by Dr. periods and public hearing. Several the best scientific and commercial data William Hazeltine of Oroville, people submitted more than one available. The legislative history of this California on May 30, 1994. A Notice of comment to the Service. Forty one provision clearly states the intent of Public Hearing and Extension of Public comments supported, 27 expressed Congress to ‘‘ensure’’ that listing Comment Period was published on June concerns, and 5 were neutral on the decisions are ‘‘based solely on biological 29, 1994 (59 FR 33484). This notice proposed action. Several comments criteria and to prevent non-biological extended the public comment period contained significant data and criteria from effecting such decisions’’ through August 1, 1994. The public information concerning the biology, (H.R. Rep. No. 97–835, 97th Cong. 2d hearing was held on July 18, 1994, in ecology, range, and distribution of the Sess. 19 (1982)). As further stated in the Santa Cruz, California and allowed subject species. This information was legislative history, ‘‘economic presentation of both oral testimony and evaluated and incorporated into the considerations have no relevance to written comments. A notice reopening final determination as appropriate. determinations regarding the status of the public comment period through Written comments and oral species.’’ Because the Service is October 31, 1994, was published on statements presented at the public specifically precluded from considering September 1, 1994 (59 FR 45254). The hearing and received during the economic impacts in a final comment period was reopened to allow comment periods are addressed in the determination on a proposed listing, submission of additional comments and following summary. Written and oral possible economic consequences of information concerning the proposed comments were given full and equal listing the insects were not considered. rule. consideration. Comments of a similar Issue 2: One commenter concluded Based upon information received nature or point are grouped into a that listing the Mount Hermon June during the cited public comment number of general issues. These issues beetle and Zayante band-winged periods, the proposed listing of the and the Service’s response to each are grasshopper would usurp local land use Santa Cruz rain beetle has been discussed below. planning authorities.

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Service Response: The Act does not and that the species did not qualify appropriate specialists were solicited empower the Service or any other under the definitions of the Act. regarding pertinent data and Federal agency with land use planning Service Response: The definition of assumptions used to make this final authorities. Therefore, local planning ‘‘fish and wildlife’’ in the Act includes determination. All available data and responsibilities would remain intact. ‘‘any member of the animal kingdom, assumptions concerning the biology and Issue 3: One commenter concluded including without limitation any distribution of the species were that land owners would be required to mammal, fish, bird * * *, amphibian, provided to the reviewers. Their prove a species not to be endangered as reptile, mollusk, crustacean, arthropod comments are summarized in the ‘‘Peer a condition of take permits. or other invertebrate.’’ The Phylum Review’’ section of this rule and have Service Response: Section 10 of the Arthropoda (arthropods) includes been incorporated as appropriate. As Act describes procedures for permitting insects. Because the Mount Hermon required by the listing regulations exemption from take prohibitions. Such June beetle and Zayante band-winged promulgated in 50 CFR part 424, the permission may only be granted if the grasshopper are recognized as distinct Service has evaluated the available activity does not preclude the continued species, both taxa qualify for listing information and presented the data and existence and eventual recovery of the consideration under the Act. assumptions for independent scientific listed species. Permit applicants are not Issue 7: One commenter questioned review. required to demonstrate species’ lack of the Service’s ability to protect Issue 10: Several respondents were endangerment. endangered species. Two commenters concerned with the credibility of Issue 4: Three commenters concluded did not believe that funds would be available data. Individual collectors that prohibitions against ‘‘take’’ of listed available to monitor the species, enforce were criticized by various commenters species, as defined in the Act, would the Act, or develop a recovery plan for for lacking expertise or verifiable violate constitutional prohibitions insect species. records. These collectors defended their Service Response: Measures by which against take of private property without credibility by citing professional the Service can protect endangered compensation. Two commenters qualifications and acceptance of data species are described in the Available within the scientific community. Other requested that the Service conduct a Conservation Measures section of this takings implication analysis. commenters disputed the value of document. published versus unpublished data and Service Response: If an action would Issue 8: One commenter asserted that documents. not harass, harm, kill, or otherwise the use of consultation under section 7 Service Response: In making a listing ‘‘take’’ a listed species, the prohibitions of the Act was equivalent to ad hoc determination, the Service is obligated described in section 9 of the Act are not administration for listed species, and to use the best available information. applicable. If an action would take a that it avoided National Environmental The quality and reliability of data used listed species, procedures for permitting Policy Act (NEPA) review and taking were evaluated against the following exemptions from the Act’s take issues. criteria—demonstrated experience or prohibitions are established in section Service Response: Consultation credentials of collectors, consistency 10. The Attorney General of the U.S. has processes defined in section 7 of the Act with acceptable methodologies, and issued guidelines to the Department of provide for coordination between the verifiability of data. If the quality or the Interior (Department) regarding Service and other Federal agencies to reliability of particular data was deemed Taking Implications Assessments ensure that Federal actions do not to be inadequate, an appropriate (TIAs). The Attorney General’s jeopardize the continued existence of explanation is provided. Similar guidelines state that TIAs used to listed species. Recovery plan guidance standards were maintained for analyze the potential for Fifth helps ensure that proposed actions are evaluation of published and Amendment taking claims are to be consistent with and support the unpublished material. prepared after, rather than before, an recovery goals and objectives for listed Issue 11: Three commenters cited agency makes a restricted discretionary species. The consultation process in no unpublished reports that contained decision. In enacting the Act, Congress way exempts Federal agencies from substantial information on the biology required the Department to list a species compliance with NEPA or consideration and range of the Mount Hermon June based solely upon scientific and of taking issues if required for a beetle and Santa Cruz rain beetle not commercial data indicating whether or proposed action. included in the proposed rule. One not the species is in danger of Issue 9: A number of respondents commenter concluded that the Service extinction. The Service may not urged the Service to base any listing ignored the reports and comments withhold a listing based upon economic decisions on sound science using expert because the data refuted the proposed concerns. Therefore, even though a TIA data and opinions. Another concluded rule. may be required, a TIA for a listing that the data and analyses used in the Service Response: Pertinent action is finalized only after the final proposed rule did not meet scientific information contained in these reports determination whether to list a species standards of review. Several has been incorporated into this final is made. commenters requested that the data determination. Issue 5: One commenter concluded undergo peer review to evaluate Issue 12: Several commenters felt that that recovery plans require coerced additional information and to reconcile the proposed listing was based on mitigation. an expert’s disagreement with the erroneous assumptions and lack of Service Response: Although recovery Service’s proposed rule. Two collection. Two commenters contended plans identify objectives, strategies, and commenters requested that the Service that failure to collect specimens did not specific actions necessary for the delay a final determination to allow for indicate absence of the species. Three recovery of a species, the plans are adequate evaluation and review of data. commenters recommended that more guidance documents. Implementation of Service Response: To ensure that thorough studies be conducted prior to recovery plans is not mandatory under listing decisions are based on sound a final determination. law. scientific data, principles, and analyses, Service Response: In preparing this Issue 6: Two commenters concluded and in accordance with Service policies, final determination, the Service had that the Act was not intended for insects expert opinions of independent and available substantial collection data for

VerDate 28-OCT-97 11:56 Jan 14, 1998 Jkt 179005 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\XXTEMP\R24JA0.XXX r24pt1 Federal Register / Vol. 62, No. 16 / Friday, January 24, 1997 / Rules and Regulations 3621 the two species, including data from the and evaluated by a Service use in determining other areas to be petition to list the Mount Hermon June entomologist, as well as independent included in the extensive surveys. beetle, incidental collection records of peer reviewers. This material was Issue 16: Many commenters felt this species, and the results of a 1993 considered to be sufficient for making a population sizes and trends were an regional survey. In addition, the Service final determination on the proposed important consideration in evaluating reviewed the results of two independent rule. The assumptions, data, analyses, the status of a species, and the proposed regional surveys for the Zayante band- and evidence used are presented rule failed to demonstrate any historic winged grasshopper. These data were throughout this document. population decline or loss. One sufficient to determine the range and to Issue 15: Several commenters commenter claimed current abundances evaluate the threats to the species. Peer criticized the proposed rule’s dismissal of Mount Hermon June beetle were reviewers concurred that assumptions of outlying specimens as scientifically comparable to those observed 45 years were reasonable and appropriate. irresponsible. Particularly cited were ago, thus, refuting the proposal to list Issue 13: Numerous commenters two Zayante band-winged grasshopper the species as endangered. Another concluded that the proposed listing of specimens reported from Alma which, argued the Service was trying to list a the Mount Hermon June beetle was not according to the commenters, habitat since an assessment of supported by data and conclusions demonstrated the Zayante band-winged population trends did not exist. contained in survey reports and grasshopper had a much larger range Service Response: The only available comments submitted by Dr. William and occupied additional habitats not information on historic population Hazeltine, who studied the beetle from acknowledged in the proposed rule. One levels is the number of specimens 1946 to 1952 and again from 1992 to commenter further asserted the Alma preserved in collections and the reports 1994. These commenters, including Dr. grasshopper specimens were collected of Dr. William Hazeltine. Dr. Hazeltine Hazeltine, cited collections of Mount by a reputable collector such that the reported 20 to 30 males per night could Hermon June beetles across a larger label should be considered accurate. be collected near his house in Mount geographic range and in different habitat The same commenter noted a 1968 Hermon in the years 1946 through 1952. At that same site in 1993, only eight than the Zayante soils and sand Mount Hermon June beetle specimen males were captured at light traps. parkland described in the proposed from ‘‘Santa Cruz’’ was dismissed in the While this might suggest a decline in rule. proposed rule, and cited the existence of Service Response: The data contained numbers, historic population trends are appropriate habitat in a location in Dr. Hazeltine’s 1993 survey report not one of the five factors to be considered to be Santa Cruz. significantly expanded the known range considered in determining whether a of the Mount Hermon June beetle with Service Response: The Alma species is endangered or threatened. 26 collection records reported from Ben grasshopper specimens were collected Population trends of insect species are Lomond to Scotts Valley. Hazeltine’s in 1928 from an unknown specific not useful for determining endangered data also showed the beetle to occur in location or habitat. Although the status because their abundances can chaparral habitats as well as sand collector was reputable, the reliability of fluctuate substantially from year to year. parkland. However, Service analysis this record is questioned for the Furthermore, some insect species, like showed that the distribution of following reasons—the location label is the Mount Hermon June beetle and successful collection sites corresponded non-specific and unverifiable such that Zayante band-winged grasshopper, may with the distribution of Zayante soils on the specimens may have been collected be very abundant in localized which Zayante sand hills habitats are anywhere within several miles of Alma populations, yet susceptible to found. In addition, habitat on successful including the Ben Lomond-Mount extirpation by a single action or event. collection sites was described as Hermon-Scotts Valley area; collection Therefore, threats must be evaluated sparsely vegetated sandy areas among attempts have not verified the existence irrespective of population estimates. chaparral and ponderosa pine. Service of Zayante band-winged grasshoppers in Issue 17: A number of commenters personnel visited the collection sites areas of this region other than the Ben concluded that the proposed rule did with Dr. Hazeltine and verified the Lomond-Mount Hermon-Scotts Valley not provide evidence that habitat loss habitats were consistent with area; the specimens cannot be located in threatened the Mount Hermon June descriptions of Zayante sand hills the listed depository for verification. beetle and Zayante band-winged habitat. Thus, the Service concluded The town of Alma is presently grasshopper. Two commenters cited the that the Mount Hermon June beetle is inundated by a reservoir; and the collection of Mount Hermon June limited to Zayante sand hills habitat in species has been found exclusively in beetles near houses. Other commenters the Ben Lomond-Mount Hermon-Scotts sand parkland habitat. These specimens concluded that the effects of pesticides Valley area. Although this range is were used in the Service’s analysis of and vegetation changes were not indeed larger than previously described the species’ current range and after sufficiently evidenced. One commenter and extends beyond sand parkland, the surveying all remaining sites that may suggested that vegetation changes would Mount Hermon June beetle remains have been potential habitat for this not affect the Mount Hermon June beetle endangered throughout all or a specimen in the ‘‘Alma area,’’ the because larvae have been observed to significant portion of its range to the Service concludes that no evidence feed on a variety of roots. extent that listing is appropriate. exists that confirms the species may Service Response: The effects of Issue 14: Several commenters occur in this region other than currently habitat loss and alteration are well concluded that the proposal to list the known location records. documented and recognized as the Mount Hermon June beetle and Zayante The Mount Hermon June beetle principal factor in declines of insect band-winged grasshopper as endangered specimen was not helpful in the range species as well as most other taxa (See species lacked scientific evidence and analysis because of a nonspecific Pyle 1981 for relevant bibliographic was not supported by entomological location label. The Service agrees that references). Insects are particularly information. suitable Zayante sand hills habitat vulnerable because of their high degree Service Response: All available data occurs within areas considered to be of evolutionary specialization and and information concerning the biology ‘‘Santa Cruz,’’ as stated on the subsequent dependence on specific and status of these species was reviewed specimen’s label rendering it of little edaphic conditions, microclimate,

VerDate 28-OCT-97 11:56 Jan 14, 1998 Jkt 179005 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\XXTEMP\R24JA0.XXX r24pt1 3622 Federal Register / Vol. 62, No. 16 / Friday, January 24, 1997 / Rules and Regulations vegetation, and cohabitants of particular requested that the sand parkland habitat demonstrations of restoration of Zayante habitats. Indirect evidence of the effects be mapped. Another requested that sand hills habitat are known. The of habitat loss on the Mount Hermon historic habitat loss be documented in Service has received depositions from June beetle and Zayante band-winged maps. experts stating that the technical grasshopper is seen in the failure to Service Response: A description of feasibility of such restoration is collect specimens within mined areas, sand parkland habitat is provided in the uncertain. Therefore, continued even when both species were observed Background section of this rule. The 40 existence of the Mount Hermon June on adjacent undisturbed habitat at the ha (100 ac) estimates of sand parkland beetle and Zayante band-winged same time. Documented links between were made during studies delineating grasshopper cannot be assured through habitat loss and alteration, and the the habitat in the mid-1980s. A more these attempts. decline or extinction of other species recent study completed in 1994 revised Issue 22: One commenter concluded provide additional evidence of the the estimate upward to 78 ha (193 ac) that collectors did not threaten the significance of this threat. The of sand parkland (Lee 1994). The species because there are few collectors collection of Mount Hermon June Service used the more recent data in and the species’ activity periods would beetles near houses does not refute the this final determination. Maps showing likely discourage all but the most negative effects of habitat loss because the distribution and extent of existing dedicated. Furthermore, the loss of the beetles may simply have been sand parkland habitat are included in a some male Mount Hermon June beetles attracted to lights from nearby suitable report entitled ‘‘Preservation study: was unlikely to affect the reproductive habitat, or may occur in remnant sand hills biotic communities of Santa capacity of populations because males patches of undisturbed soil and Cruz County, California’’ (Marangio could mate with several females. vegetation. Populations that do persist 1985) and in a forthcoming report from Collection was also limited by permit among developments remain at risk of the California Department of Fish and requirements on public lands and naturally occurring extinction because Game (Lee 1994). Production of maps restricted access to private property. of potentially low numbers and documenting historic habitat loss would Service Response: The Service isolation from other populations. be speculative since no records were concurs that collection of the species The effects of pesticides on insects kept. Furthermore, such documentation currently poses little if any threat to the and other taxa are similarly recognized is unnecessary for the listing Mount Hermon June beetle and Zayante and documented. While most pesticide determination since the listing factors band-winged grasshopper. application may not penetrate the soil address only current and projected Issue 23: One commenter concluded and affect fossorial Mount Hermon June status and threats. Discussions and that the Mount Hermon June beetle beetle larvae and females, the Zayante estimates of historic habitat losses are could adapt to altered habitat. As band-winged grasshopper is susceptible intended only to provide a historical evidence, the commenter cited the large to pesticide effects. The current context to the Zayante sand hills number of insect species known, and significance of these effects is not ecosystem. the short life cycles and life history known. Issue 20: One commenter concluded traits which would enable more rapid The impact of vegetation changes also that the generic name Polyphylla was evolution and adaptation. is unknown at this time. Some related invalid for the Mount Hermon June Service Response: The great diversity species are known to feed on the roots beetle because Polyphylla did not of insects is reflective of extraordinary of exotic plant species and orchard conform to the International Rules of adaptive speciations and trees. However, no evidence establishes Zoological Nomenclature. specializations. However, such whether Mount Hermon June beetle Service Response: Based upon evolutionary changes rarely occur at a larvae will feed on plants not naturally consistent use in historic and recent rate comparable to that of human found in Zayante sand hills ecosystem. taxonomic literature (Cazier 1938, 1940; environmental alteration. Consequently, Therefore, the Service recognizes Young 1967, 1988), Polyphylla is neither the Mount Hermon June beetle vegetation change as a potential threat considered a valid genus. In addition, nor the Zayante band-winged of unknown significance. Habitat loss throughout this literature, the rank of grasshopper would likely evolve remains the primary threat to the Mount Polyphylla barbata as a species has been adaptations with the rapid changes of Hermon June beetle and Zayante band- retained such that a change in the habitat. winged grasshopper. generic label would represent only a Issue 24: One commenter concluded Issue 18: One commenter stated that nomenclatural shift. that the reported 50 percent loss of sand the limited distribution of a species was Issue 21: One commenter suggested parkland habitat would only fractionally not sufficient evidence for making a that revegetation of sandy areas coupled reduce the population of the species, determination to list a species. with reintroduction of female Mount citing a ‘‘rule of thumb’’ that a 90 Service Response: The determination Hermon June beetles could remediate percent reduction in habitat would to list a species as endangered is based any population losses, thus eliminating result in a 50 percent reduction in the upon the evaluation of the current and the need to list the species. The number of species present. future threats to the species from the commenter also concluded that listing Service Response: The ‘‘rule of five factors listed in section 4(a) of the of the Zayante band-winged grasshopper thumb,’’ publicized by E.O. Wilson and Act. The range of a species is only could be precluded by revegetation of Peter Raven, noted proponents of considered when determining whether areas which individuals could colonize. conservation of biological diversity, the species is threatened throughout all Contrary opinions noted that no refers to species loss, not population or a significant portion of its range. restoration efforts of sand parkland have loss. If the Zayante sand hills habitat Species with limited distributions are been successful and at least one large were to be reduced to 10 percent of its more susceptible to extirpation because revegetation effort at a quarry has been original extent, one half of all the a given threat would affect a greater abandoned. species found there would be expected proportion of the species’ range. Service Response: The Service to go extinct (Wilson 1992). Which Issue 19: Two commenters challenged supports the development and species would be lost cannot be estimates that sand parkland habitat is implementation of habitat restoration predicted. Because this logarithmic limited to about 40.5 ha (100 ac) and efforts. However, no successful relationship predicts extinction of some

VerDate 28-OCT-97 11:56 Jan 14, 1998 Jkt 179005 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\XXTEMP\R24JA0.XXX r24pt1 Federal Register / Vol. 62, No. 16 / Friday, January 24, 1997 / Rules and Regulations 3623 species following even partial habitat Issue 28: One commenter asserted that included in the administrative record loss, it supports, rather than refutes, the existing parks were sufficient to available for review by the public by Service’s determination that the Mount guarantee the continued existence of the appointment, during normal business Hermon June beetle and Zayante band- insects. Two others cited a recent hours, at the Ventura Field Office. winged grasshopper are threatened with stipulation agreement between a private Appointments can be made by extinction. quarry, the County of Santa Cruz, and contacting the Field Supervisor. See Issue 25: Several respondents stated local conservation groups, which would ADDRESSES section. that the Service should designate provide for the preservation of Zayante Issue 31: One commenter asked if this critical habitat since the habitat of the sand hills habitat. One commenter listing was in response to a lawsuit species is known and because habitat noted, though, that the preservation of settlement with the Sierra Club. loss is the primary threat. Others the habitat is contingent upon the $3.5 Service Response: This listing is not concluded that the Service did not million acquisition of the South Ridge in response to a lawsuit settlement with designate critical habitat to avoid review parcel, and that funds have not yet been the Sierra Club. The listing of the Mount of the proposed listing under NEPA. committed. Hermon June beetle and Zayante band- Service Response: Although the Service Response: The Mount Hermon winged grasshopper is in response to habitats and ranges of the species are June beetle and Zayante band-winged petitions submitted by private citizens. known and described in this rule, grasshopper are known to occur in only Issue 32: One commenter suggested designation of critical habitat as defined one of the three publicly owned that the Service conduct field work to in the Act was determined to be not properties in the region. Although the assess the status of the species. prudent at this time because no benefit Quail Hollow Ranch affords protection Service Response: The Service’s to the species would result. For reasons to Zayante sand hills habitat, the park responsibility under the Act is to discussed in the NEPA section of this does not have specific mandates to compile and review the ‘‘best available document, rules issued pursuant to manage for these species, and protection information’’ concerning the biology, section 4(a) of the Act do not require from adverse impacts of habitat status, and threats to species. During the preparation of an Environmental Impact degradation from illegal activities is not listing process the Service makes efforts Statement (EIS). The courts held in assured. Both species also occur within to verify information through field visits Pacific Legal Foundation v. Andrus, 657 the areas to be preserved under the cited and surveys. Primary data collection, F2d. 829 (6th Circuit 1981) that an EIS stipulation. However, preservation of however, is generally conducted by is not required for listing under the Act. these populations is uncertain pending individuals outside the Service. Issue 33: One commenter asserted that The decision noted that EISs on listing acquisition of the South Ridge property. Issue 29: Several commenters proponents of the listing should be actions do not further the goals of NEPA concluded that State and local responsible for demonstrating that a or the Act. Thus, this listing action is legislation and regulations, such as the species is endangered. exempted from NEPA review, regardless mitigation requirements of the Service Response: Petitioners and of critical habitat designation. California Environmental Quality Act listing proponents are expected to Issue 26: One commenter suggested (CEQA), provide sufficient protection provide the Service with pertinent data that the species be listed as threatened for the two insect species. Commenters concerning the biology and threats to a to allow greater regulatory flexibility cited revegetation efforts at local species to demonstrate that listing may and the implementation of special rules quarries, the above-mentioned be warranted. After that time, the under section 4(d) of the Act. stipulation agreement, and protection of Service solicits and reviews all available Service Response: Based upon sand parkland habitat in a development information to make decisions regarding evaluation of the status and threats to project by the City of Scotts Valley as proposed rules and final the species, the Service has determined examples of successful protection. determinations. that the Mount Hermon June beetle and Contrary views were expressed by Issue 34: One commenter concluded Zayante band-winged grasshopper are in commenters citing past failures of city that a conflict of interest existed for danger of extinction throughout all or a governments to enforce protection of commenters who were involved in a significant portion of their ranges and rare species, and the abandonment of court settlement regarding preservation therefore qualify for endangered status. revegetation plans at a sand quarry. of sand parkland habitat. Listing the species as threatened to Service Response: While existing Service Response: Any member of the provide for regulatory flexibility would legislation and regulations may require public, regardless of affiliation or ignore requirements of the Act to base mitigation or other compensation for position, is invited to submit comments determinations solely on the best impacts to sensitive or rare species, they on a proposed rule during the open scientific and commercial data. do not ensure the continued existence of comment period. Issue 27: One commenter suggested the Mount Hermon June beetle and Issue 35: Three commenters stated that the species could be exempted from Zayante band-winged grasshopper. For that the Service’s notification of the protection under the Endangered example, CEQA provides for public regarding the proposed rule was Species Act if they were shown to be ‘‘Statements of Overriding inadequate. One commenter requested pest species. Consideration’’ which allow projects to that all landowners be directly notified, Service Response: While some related proceed despite unmitigated adverse and that notices be published in species are known to be agricultural impacts. newspapers. pests, no evidence exists that indicates Issue 30: Three commenters requested Service Response: The Service either the Mount Hermon June beetle or that all data, information, and results of provided notification of the proposed the Zayante band-winged grasshopper investigations be available for review by rule to the public through processes are pest species. The Zayante sand hills interested parties. required in the Act, including habitat does not support significant Service Response: All documents, publication of findings and rules in the agricultural crops on which either records, and correspondence relating to Federal Register, publication of notices species feed. In addition, the two this listing, including data, survey in local newspapers, and letters to species are not considered as pests in results, analyses, supporting government officials, planning offices, backyard gardens. information, and public comments are regulatory agencies, and other interested

VerDate 28-OCT-97 11:56 Jan 14, 1998 Jkt 179005 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\XXTEMP\R24JA0.XXX r24pt1 3624 Federal Register / Vol. 62, No. 16 / Friday, January 24, 1997 / Rules and Regulations parties as described at the beginning of range of male beetles may be limited. additional investigation of the outlying this section. Direct notification of all Male beetles were attracted to lights, but areas may be warranted if suitable landowners was attempted by the the maximum distance traveled was habitat exists. The third reviewer felt Service to the extent practical. unknown, dependent upon the visibility that information should be considered Issue 36: One commenter stated that and relative strength of the light reliable unless shown otherwise. In the the Service failed to publish a 90-day compared to other attractive stimuli absence of sand parkland habitat finding that the petition to list the such as female pheromone or elsewhere, all reviewers concurred with Zayante band-winged grasshopper may moonlight. All reviewers emphasized the Service’s conclusion that the be warranted, and failed to make a 12- the dependence of fossorial larvae and Zayante band-winged grasshopper was month determination following the females on the specific conditions of the restricted to sand parkland habitat. The August 19, 1992, notice for the Mount soil. The reviewers also concurred with grasshopper would unlikely occur in Hermon June beetle. Disputing the the Service’s conclusion that the Mount adjacent habitats such as redwood Service’s inclusion of such notices in Hermon June beetle was limited to the forest, chaparral, grasslands, or coastal the proposed rule, the commenter stated Zayante sand hills habitat. One reviewer habitats. Excavation, soil compaction, such failures prevented the submission commented that males may occasionally vegetation removal, landscaping, and of information and comment, and be trapped in adjacent habitats, but they pesticides were all recognized as recommended the proposed listing be probably represent artifacts of random adverse activities affecting the invalidated. dispersal and not colonization of grasshopper. One reviewer noted that Service Response: The Service’s 90- different habitat communities. The same collection of specimens from areas day finding regarding the Zayante band- reviewer also suggested the beetle may adjacent to mining operations suggests winged grasshopper was made on occur in more densely vegetated areas of the species is not particularly impacted September 25, 1992 but was not chaparral as well as open sandy areas. by nearby activities. One reviewer also published in the Federal Register prior Excavation, soil compaction, and questioned the distinctiveness of the to publication of the proposed rule. The vegetation removal within Mount grasshopper as a separate species, but proposed rule constituted the required Hermon June beetle habitat are deferred final judgment to others more 12-month determinations regarding both recognized as activities expected to familiar with the specimens. A reviewer the Zayante band-winged grasshopper adversely affect the species. familiar with the specimens and the and the Mount Hermon June beetle. At Landscaping may have some impact. genus Trimerotropis confidently that time, extensive comment periods The reviewers anticipate the application defended the Zayante band-winged and a public hearing allowed all of some pesticides, such as soil grasshopper as a full species. interested parties to provide comments permeants, could have a negative effect. and information concerning the Adjacent light sources should not be Summary of Factors Affecting the proposed action. All input was detrimental to the species, although Species considered in preparation of the final male Mount Hermon June beetles may After a thorough review and determination. be attracted away from their habitat. consideration of all information Collection was not considered to available, the Service has determined Peer Review significantly threaten the species. One that the Mount Hermon June beetle In accordance with policy reviewer suggested additional (Polyphylla barbata) and the Zayante promulgated July 1, 1994 (59 FR 34270), investigations to assess specific life band-winged grasshopper the Service solicited the expert opinions history, distributional, and other (Trimerotropis infantilis) should be of independent specialists regarding ecological information before classified as endangered species. pertinent scientific or commercial data proceeding with the listing. Another Procedures found at section 4 of the Act and assumptions relating to the reviewer commented that the survey and regulations implementing the taxonomy, population models, and reports and other information submitted listing provisions of the Act (50 CFR supportive biological and ecological to the Service concerning the biology of part 424) were followed. A species may information for species under the beetle were based upon erroneous be determined to be endangered or consideration for listing. The purpose of and unfounded assumptions, poor threatened due to one or more of the such review is to ensure listing methodology, and hearsay. Nonetheless, five factors described in section 4(a)(1). decisions are based on scientifically the Service’s comparison of collection These factors and their application to sound data, assumptions, and analyses, records and independent soil and the Mount Hermon June beetle and the including input of appropriate experts habitat data was considered a Zayante band-winged grasshopper are as and specialists. sufficiently rigorous analysis for follows: The data and assumptions regarding concluding the species to be of limited A. The present or threatened the Mount Hermon June beetle and range and associated with the Zayante destruction, modification, or Zayante band-winged grasshopper were sand hills ecosystem. curtailment of their habitat or range. each reviewed by three specialists. Peer The reviewers of the Zayante band- Habitat destruction and modification are reviewers were identified through winged grasshopper information agreed recognized as the primary threats to inquiries to research institutions, that substrate was an important, but not insect species (Pyle 1981) because of universities, and museums for a sole, determining factor for their narrow distributions and individuals with recognized expertise grasshopper distributions. An dependence on specific food plants or with the subject taxa. The reviewers assumption that exchange of individuals edaphic conditions. Both the Mount were asked to comment upon specific between isolated populations would be Hermon June beetle and Zayante band- assumptions and conclusions regarding infrequent because of short observed winged grasshopper are restricted to the species. Their comments have been flight distances was questioned by one portions of the Zayante sand hills incorporated into the final rule as reviewer but supported by another’s ecosystem in the Ben Lomond-Mount appropriate and are summarized below. experience with other Trimerotropis Hermon-Scotts Valley area of Santa Cruz Reviewers of the Mount Hermon June species. Two reviewers agreed with the County, California. The Mount Hermon beetle information agreed that, although dismissal of non-specifically labeled June beetle occurs in sand parkland and estimates were speculative, the flight historic specimens, but cautioned that other sparsely vegetated sandy areas

VerDate 28-OCT-97 11:56 Jan 14, 1998 Jkt 179005 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\XXTEMP\R24JA0.XXX r24pt1 Federal Register / Vol. 62, No. 16 / Friday, January 24, 1997 / Rules and Regulations 3625 within the Zayante sand hills Hollow Quarry, within the San Lorenzo known locations of Zayante band- ecosystem. The Zayante band-winged Valley in Santa Cruz County, California. winged grasshoppers are adjacent to grasshopper is narrowly restricted to The County of Santa Cruz, the owner residential, commercial and public sand parkland on ridgetops and saddles. and operator of the Quarry (respectively developments. The County of Santa Both species are imminently Granite Rock Company and Santa Cruz Cruz and the City of Scotts Valley have endangered by ongoing and threatened Aggregates), and intervenors (South existing plans, zoning designations, and destruction and adverse modification of Ridge Watershed Association, Sierra approved permits for continued their habitats by one or more of the Club, and California Native Plant development in these areas (Marangio following activities—sand mining, Society) entered into a Settlement 1985; Lee 1994), thereby further urban development, recreational use of Agreement in June of 1994 that resolved reducing and fragmenting Zayante sand habitat, and agriculture. longstanding litigation regarding Granite hills habitat. The ranges of both species are limited Rock’s right to continue mining at the Recreational uses of Zayante sand by the substrate found in the Zayante site. As part of that Agreement, Granite hills habitats may adversely affect the soils, and the availability of suitable Rock is permitted to continue mining in Mount Hermon June beetle and Zayante food plants within the Zayante sand designated areas of the quarry site, band-winged grasshopper through hills and sand parkland habitats. The subject to obtaining the necessary habitat disturbance and degradation. Mount Hermon June beetle is threatened mining approvals, and portions of the Recreational uses include off-road by excavation and construction site containing extremely significant vehicles (ORVs), equestrian activities, activities that crush or expose fossorial biological resources, including the two hiking, bicycling, and camping. These larvae and females, resulting in insects, will be preserved in perpetuity activities crush and remove vegetation, mortalities and elimination of through purchase of the South Ridge cause compaction of soils, promote soil reproductive populations (W. Hazeltine, and through dedication of a erosion, and occasionally result in oil in litt. 1994). Clearance of native conservation easement for the areas on and gasoline spills. Off-road motorcycle Zayante sand hills vegetation and the North and West Ridges containing events (200+ people) occur on sand cultivation of non-native plant species sand parkland habitat. A fourth mine is parkland (A. Haynes, San Lorenzo in landscaping also may adversely affect closed at this time, but may reopen if Water District, pers. comm. 1993). Off- the Mount Hermon June beetle by funds become available (S. Smith, pers. road vehicle damage also is noted at the eliminating food plants and disrupting comm. 1994). Seventeen of the 28 Geyer Quarry and on the South Ridge of the soil. The Zayante band-winged Mount Hermon June beetle collection the Quail Hollow Quarry, a site grasshopper is similarly threatened by locations, and 9 of the 10 Zayante band- considered to be the highest quality removal and alteration of the sand winged grasshopper collection sites are patch of intact sand parkland habitat parkland habitat. adjacent to areas used for sand mining. (Lee 1994). Disturbance from equestrian Historically, approximately 2533 ha Mining of sand from undisturbed use is reported from five sand parkland (6265 ac) of Zayante sand hills habitat areas would result in the destruction of areas (Lee 1994). A campground occurred in Santa Cruz County. Over 40 habitat for the Mount Hermon June encompasses approximately half of the percent of this habitat has disappeared, beetle and Zayante band-winged sand parkland habitat within Henry primarily due to urban development grasshopper. Permits held by the mining Cowell Redwoods State Park (D. and mining; 1459 ha (3608 ac) currently companies require revegetation efforts Hillyard, pers. comm. 1993; S. remain in a natural state (Lee 1994). in mined areas as part of reclamation Steinmetz, pers. comm. 1993), and foot Sand parkland habitat has been more plans. However, such revegetation plans and ORV traffic are recognized as causes dramatically reduced; over 60 percent of are considered inadequate to of erosion damage at the Quail Hollow this habitat has been lost, mostly to sand successfully restore the biological mining. An estimated 200 to 240 ha (500 integrity of sand parkland and Zayante Ranch County Park (County of Santa to 600 ac) existed historically (Marangio sand hills habitats; the technical Cruz 1990). and Morgan 1987; Lee 1994). By 1986, feasibility of such restoration is Limited agricultural activities have only 100 ha (250 ac) remained intact questioned because of the diversity of also contributed to habitat (Marangio and Morgan 1987). Currently, the ecosystem’s flora and fauna and the fragmentation and degradation in the sand parkland is limited to complexity of the soil facies and Zayante sand hills ecosystem. While the approximately 78 ha (193 ac) (Lee 1994). edaphic conditions (Davilla 1990; Zayante soils are generally of little Sand mining and urban development Gilchrist 1990; Murphy 1990). agricultural value, Zayante sand hills are the most significant causes of habitat Urban development also has resulted habitat has been, and may continue to loss in the Ben Lomond-Mount Hermon- in significant alteration and loss of be, used for agricultural purposes. Scotts Valley region. Sand deposits habitat. Construction of private homes, Currently, portions of two sand within the Zayante sand hills habitat roads, and businesses has removed parkland areas are zoned for timber have been actively mined for vegetation and modified soils through harvest (Lee 1994). Other areas of construction purposes for at least five excavation, compaction, and disruption Zayante sand hills habitat have been decades (Storie et al. 1944 in Griffin of soil horizons. More than 480 ha (1200 proposed for conversion to vineyards 1964). Three sand mines in the area are ac) of Zayante sand hills habitat have (Davilla 1980). in operation and have permits to mine been developed for these purposes. The Service has reviewed a notice of areas of sand parkland and Zayante Recent expansion of juvenile hall preparation for the development of an sand hills habitat that are currently facilities near Mount Hermon educational park within the City of undisturbed (S. Smith, County of Santa eliminated portions of an area known to Scotts Valley on a site where Mount Cruz Planning Department, pers. comm. support Mount Hermon June beetles (W. Hermon June beetles and Zayante band- 1994). Two of the three mines support Hazeltine, pers. comm. 1994). One site winged grasshoppers have been sighted. little undisturbed habitat (S. Smith, where Zayante band-winged The Scotts Valley Unified School pers. comm. 1996). The Service has grasshoppers were previously collected District evaluated numerous alternative been participating in the development is now a parking lot (D. Weissman, pers. sites before choosing the current of a multi-species habitat conservation comm. 1993). Fourteen collection sites location for the proposed facility. plan (HCP) for the third mine, Quail for Mount Hermon June beetles and two Recently, the Service was informed that

VerDate 28-OCT-97 11:56 Jan 14, 1998 Jkt 179005 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\XXTEMP\R24JA0.XXX r24pt1 3626 Federal Register / Vol. 62, No. 16 / Friday, January 24, 1997 / Rules and Regulations an alternative site for the proposed park not provide specific protection would not likely reach and affect the may be selected. measures to ensure the continued species. However, application of soil B. Overutilization for commercial, existence of these species. In addition, permeant pesticides could pose a threat recreational, scientific, or educational CEQA provisions for ‘‘Statements of (W. Hazeltine, in litt., 1994). During the purposes. Amateur collecting for the Overriding Considerations’’ can allow flight season males of this species also Mount Hermon June beetle occurs on a projects to proceed despite unmitigated may be subject to mortality from limited basis during the narrow flight adverse impacts. The County of Santa attraction to electric ‘‘bug zappers’’ (W. periods of the species. As this species Cruz requires that proposed projects Hazeltine, in litt. 1994). The significance becomes more difficult to find, the comply with both general zoning of such mortality is unknown, however. interest of collectors may increase; requirements and environmental The quality of remaining habitat for however, overutilization by collection is designations. However, properties the Mount Hermon June beetle and not known to occur at this time. within Zayante sand hills habitats are Zayante band-winged grasshopper may Collection of the Zayante band- zoned for special use, timber decline because of fire suppression in winged grasshopper has occurred production, mining, and residential the Zayante sand hills habitat. Periodic during surveys for this and other development. Special use zoning allows wildfire is thought to be critical to invertebrate species; however, for residential-agricultural, residential, maintenance of the Zayante sand hills overutilization of this species by commercial, and industrial habitat mosaic. The presence of fire- collection is not known to occur at this development (Lee 1994). dependent species such as knobcone time. Public ownership of lands with pine and Santa Cruz cypress suggests C. Disease or predation. Mount Zayante sand hills and sand parkland that fire is important for resetting Hermon June beetles may be preyed habitats suitable for the Mount Hermon vegetational succession within the upon by some bird species. However, June beetle and Zayante band-winged chaparral communities, and for the early evening flight time of the grasshopper is limited to the Quail maintaining the open characteristics of Mount Hermon June beetle is thought to Hollow Ranch, Bonny Doon Ecological ponderosa pine stands and sand reflect an evolutionary adaptation for Preserve, and Henry Cowell Redwoods parkland. Fire also may prevent the predator avoidance, coinciding with the State Park. The Mount Hermon June invasion of species from the cessation of bird activity (W. Hazeltine, beetle and Zayante band-winged surrounding mixed evergreen forest; in litt. 1994). Based upon laboratory grasshopper are only known to occur in encroachments by madrone (Arbutus observations, larvae may be susceptible Quail Hollow Ranch. None of these menziesii) and other species from to fungal infestations if soil conditions properties currently has a management surrounding mixed evergreen forest into are too moist (W. Hazeltine, in litt. plan that specifically provides Zayante sand hills habitat have been 1993). However, the significance of such protection for the two species or their attributed to reduced fire frequency mortality sources is unknown. habitats. In addition, Zayante sand hills (Marangio 1985). One Zayante band-winged habitat on Quail Hollow Ranch is The Service has carefully assessed the grasshopper specimen was observed to reported to be degraded by off-trail best scientific and commercial be parasitized by a tachinid fly (White equestrian activities and other illegal information available regarding the past, 1993). However, the significance of access (Lee 1994; S. McCabe, pers. present, and future threats faced by the parasitization on populations of this comm. 1994). Mount Hermon June beetle and Zayante species is unknown. A settlement agreement between local band-winged grasshopper in D. The inadequacy of existing conservation groups and one of the sand determining to make this rule final. regulatory mechanisms. Regulatory mining companies resulted in action to Based on this evaluation, the preferred mechanisms currently in effect do not preserve three parcels of sand parkland action is to list the Mount Hermon June provide adequate protection for the and Zayante sand hills habitat. All three beetle (Polyphylla barbata) and Zayante Mount Hermon June beetle and Zayante of these parcels support the Mount band-winged grasshopper band-winged grasshopper and their Hermon June beetle and Zayante band- (Trimerotropis infantilis) as endangered. habitats. Federal agencies are not legally winged grasshopper. However, This status was determined because required to consider and manage for preservation of the parcels is contingent these species are ‘‘in danger of these species during project design and upon acquisition of the ‘‘South Ridge,’’ extinction throughout all or a significant implementation, although some Federal a parcel recognized as the highest portion of [their] range’’ (section 3(6) of agencies have policies that encourage quality sand parkland habitat. Funds the Act) because of threats from one or consideration of candidate species in necessary for the $3.5 million settlement more of the following factors—sand the design and implementation of purchase have not yet been committed mining, urban development, Federal projects. (C. Scott, pers. comm. 1994; Ken Hart, recreational use of habitat, increased At the State and local levels, pers. comm. 1996). vulnerability to naturally occurring regulatory mechanisms also are limited. E. Other natural or manmade factors extirpation, and habitat restriction and The Mount Hermon June beetle and affecting its continued existence. decline. Critical habitat is not being Zayante band-winged grasshopper are Pesticides could pose a threat to the designated for these species for the not listed by the State of California Zayante band-winged grasshopper. reasons discussed below. under the California Endangered Pesticide application is expected at Species Act. State and local agencies existing and planned golf courses and Critical Habitat may consider these taxa when may occur on a limited basis at Critical habitat is defined in section 3 evaluating certain activities for vineyards in the area. Local landowners of the Act as—(i) the specific areas compliance with the CEQA and local may use pesticides to control targeted within the geographical area occupied zoning regulations. If an activity is invertebrate species around homes and by a species, at the time it is listed in identified as having a potential impact businesses. These pesticides may drift accordance with the Act, on which are on these species, mitigation measures and kill non-targeted species such as the found those physical or biological may be required by State and local Zayante band-winged grasshopper. features (I) essential to the conservation regulating agencies to offset these Because the Mount Hermon June of the species and (II) that may require impacts. However, these regulations do beetle is fossorial, air-borne pesticides special management considerations or

VerDate 28-OCT-97 11:56 Jan 14, 1998 Jkt 179005 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\XXTEMP\R24JA0.XXX r24pt1 Federal Register / Vol. 62, No. 16 / Friday, January 24, 1997 / Rules and Regulations 3627 protection and; (ii) specific areas requirements for Federal protection, and definition of ‘‘take’’ includes to harass, outside the geographical area occupied prohibitions against certain activities. harm, pursue, hunt, shoot, wound, kill, by the species at the time it is listed, Recognition through listing results in trap, capture, or collect; or to attempt upon a determination that such areas public awareness and conservation any of these. It is also illegal to possess, are essential for the conservation of the actions by Federal, State, and local sell, deliver, carry, transport, or ship species. ‘‘Conservation’’ means the use agencies, private organizations, and any such wildlife that has been taken of all methods and procedures needed individuals. The Act provides for illegally. Certain exceptions apply to to bring the species to the point at possible land acquisition and agents of the Service and State which listing under the Act is no longer cooperation with the States and requires conservation agencies. necessary. that recovery actions be carried out for It is the policy of the Service (59 FR Section 4(a)(3) of the Act, as all listed species. The protection 34272) to identify to the maximum amended, and implementing regulations required of Federal agencies and the extent practicable at the time a species (50 CFR 424.12) require that, to the prohibitions against taking and harm are is listed those activities that would or maximum extent prudent and discussed, in part, below. would not constitute a violation of determinable, the Secretary designate Under section 4 of the Act, listing the section 9 of the Act. The intent of this critical habitat at the time the species is Mount Hermon June beetle and Zayante policy is to increase public awareness of determined to be endangered or band-winged grasshopper provides for the effect of the listing on proposed and threatened. The Service finds that the development of a recovery plan, ongoing activities within a species’ designation of critical habitat is not which will bring together Federal, State, range. During the public comment prudent for the Mount Hermon June local government, and private agencies period the Service received inquiries beetle and Zayante band-winged and individuals to develop conservation about the effect listing would have on grasshopper at this time. Service strategies for these species. The recovery the sand mining industry, commercial regulations (50 CFR 424.12(a)(1)) state plan would develop a framework of and residential development and that designation of critical habitat is not recovery activities, priorities, and maintenance activities, and recreational prudent when one or both of the funding requirements to accomplish activities. Based on the best available following situations exist—(1) The conservation objectives and ensure the information, the following actions species is threatened by taking or other survival and recovery of the Mount would not result in a violation of human activity, and identification of Hermon June beetle and Zayante band- section 9, provided these activities are critical habitat can be expected to winged grasshopper. carried out in accordance with existing increase the degree of threat to the Section 7(a) of the Act, as amended, regulations and permit requirements— species, or (2) such designation of requires Federal agencies to evaluate removal of the two insect species from critical habitat would not be beneficial their actions with respect to any species swimming pools, birdbaths, window to the species. that is listed as endangered or screens, and the like with immediate Designation of critical habitat would threatened and with respect to its and safe replacement in more suitable not benefit the Mount Hermon June critical habitat, if any is designated. habitat; normal lighting around beetle and Zayante band-winged Regulations implementing this residences and commercial buildings; grasshopper because all populations of interagency cooperation provision of the normal maintenance of backyard the two species occur on non-Federal Act are codified at 50 CFR part 402. gardens; reasonable recreational use of lands where Federal involvement in Section 7(a)(2) requires Federal agencies existing maintained trails within land-use activities does not generally to ensure that activities they authorize, Zayante sand hills habitat; use of occur. Prohibitions of adverse fund, or carry out are not likely to existing roadways and railroads; and modification to critical habitat apply jeopardize the continued existence of continued sand mining within existing only to Federal actions. Therefore, the species or destroy or adversely excavated areas. additional protection afforded to modify its critical habitat. If a Federal Activities that could result in the take designated critical habitat would only action may affect a listed species or its of the Mount Hermon June beetle or be realized if a Federal nexus existed. critical habitat, the responsible Federal Zayante band-winged grasshopper Possible nexuses on non-Federal lands agency must enter into formal include, but are not limited to, include 404 permits from the U.S. Army consultation with the Service. Because unauthorized collection or capture of Corps of Engineers and funds from no Federal lands exist within the range the species, except as noted above to Federal housing or highway programs. of these two species, consultations relocate individuals out of danger; However, no such nexuses are known or would only occur if a Federal agency destruction or alteration of the species’ anticipated within the habitat and range had discretion over permit issuance or habitat (e.g. excavating, compacting, of these species. funding of projects. Such Federal grading, or discing of soil, vegetation Furthermore, in the case of the Mount involvement is neither known, nor removal); violations of grading, mining, Hermon June beetle, the determination anticipated, within the habitat and or construction permits that affect of critical habitat would be detrimental range of the Mount Hermon June beetle occupied habitat; off-road vehicle use to the conservation of the species. and Zayante band-winged grasshopper. on occupied habitat; and application of Determination of the location and extent Section 9 of the Act and pesticides beyond the boundaries of of reproductive populations and implementing regulations set forth a maintained lawns and gardens or in evaluation of edaphic requirements series of general prohibitions and violation of label restrictions. would require excavation and exceptions that apply to all endangered Other unauthorized activities not consequent destruction of habitat wildlife. The prohibitions, codified at identified above will be reviewed on a occupied by larvae and females. 50 CFR 17.21, in part, make it illegal for case-by-case basis to determine if a any person subject to the jurisdiction of violation of section 9 of the Act may Available Conservation Measures the United States to take, import or have occurred. The Service does not Conservation measures provided to export, ship in interstate commerce in consider these lists to be exhaustive and species listed as endangered or the course of commercial activity, or sell provides them for the information of the threatened under the Act include or offer for sale in interstate or foreign public. Questions regarding whether recognition, recovery actions, commerce any listed species. The specific activities will constitute a

VerDate 28-OCT-97 11:56 Jan 14, 1998 Jkt 179005 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\XXTEMP\R24JA0.XXX r24pt1 3628 Federal Register / Vol. 62, No. 16 / Friday, January 24, 1997 / Rules and Regulations violation of section 9 should be directed Policy Act of 1969, need not be List of Subjects in 50 CFR Part 17 to the Field Supervisor of the Service’s prepared in connection with regulations Ventura Field Office (see ADDRESSES adopted pursuant to section 4(a) of the Endangered and threatened species, section). Endangered Species Act of 1973, as Exports, Imports, Reporting and recordkeeping requirements, and Permits may be issued to carry out amended. A notice outlining the Transportation. otherwise prohibited activities Service’s reasons for this determination involving endangered wildlife species was published in the Federal Register Regulation Promulgation under certain circumstances. on October 25, 1983 (49 FR 49244). Accordingly, part 17, subchapter B of Regulations governing permits are Required Determinations codified at 50 CFR 17.22 and 17.23. chapter I, title 50 of the Code of Federal The Service has examined this Such permits are available for scientific Regulations, is amended as set forth regulation under the Paperwork purposes, to enhance the propagation or below: Reduction Act of 1995 and found it to survival of the species, or for incidental contain no information collection PART 17Ð[AMENDED] take in the course of otherwise lawful requirements. This rulemaking was not activities. Requests for copies of the subject to review by the Office of 1. The authority citation for part 17 regulations regarding listed wildlife and Management and Budget under continues to read as follows: inquiries about prohibitions and permits Executive Order 12866. may be addressed to the U.S. Fish and Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Wildlife Service, Endangered Species References Cited 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500, unless otherwise noted. Permits, 911 N.E. 11th Avenue, A complete list of all references cited Portland, Oregon 97232–4181 herein, as well as others, is available 2. Section 17.11(h) is amended by (telephone 503/231–6241, facsimile upon request from the Field Supervisor, adding the following, in alphabetical 503/231–6243). Ventura Field Office (see ADDRESSES order under Insects, to the List of National Environmental Policy Act section). Endangered and Threatened Wildlife to read as follows: The Fish and Wildlife Service has Author determined that Environmental The primary authors of this document § 17.11 Endangered and threatened wildlife. Assessments and Environmental Impact are Carl Benz and Jonathan Hoekstra, Statements, as defined under the Ventura Field Office (see ADDRESSES * * * * * authority of the National Environmental section, telephone 805/644–1766). (h) * * *

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

******* INSECTS (Class Insecta)

******* GRASSHOPPERS AND ALLIES (Insects, Order Orthoptera)

******* Grasshopper, Trimerotropis U.S.A. (CA) ...... NA ...... E 605 NA NA Zayante band- infantilis. winged.

******* BEETLES (Insects, Order Coleoptera)

******* Beetle, Mount Polyphylla barbata ... U.S.A. (CA) ...... NA ...... E 605 NA NA Hermon June.

*******

Dated: January 6, 1997. John G. Rogers, Director, Fish and Wildlife Service. [FR Doc. 97–1674 Filed 1–23–97; 8:45 am] BILLING CODE 4310±55±P

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