Determination of Endangered Species Status for Mount Charleston Blue Butterfly; Final Rule
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Vol. 78 Thursday, No. 182 September 19, 2013 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Determination of Endangered Species Status for Mount Charleston Blue Butterfly; Final Rule VerDate Mar<15>2010 18:14 Sep 18, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\19SER3.SGM 19SER3 tkelley on DSK3SPTVN1PROD with RULES3 57750 Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Rules and Regulations DEPARTMENT OF THE INTERIOR Executive Summary D, and E), as discussed below. Threats This document consists of a final rule facing the Mount Charleston blue Fish and Wildlife Service to list the Mount Charleston blue butterfly increase the risk of extinction butterfly (Plebejus shasta of the subspecies, given its few 50 CFR Part 17 charlestonensis) (formerly in genus occurrences in a small area. The loss and degradation of habitat due to [Docket No. FWS–R8–ES–2012–0069; MO Icaricia) as an endangered species. 92210–0–0008 B2] Why we need to publish a rule. Under changes in natural fire regimes and the Act, a species may warrant succession, the implementation of RIN 1018–AY52 protection through listing if it is recreational development projects and endangered or threatened throughout all fuels reduction projects, and the Endangered and Threatened Wildlife or a significant portion of its range. increases in nonnative plants (see Factor and Plants; Determination of Listing a species as an endangered or A discussion) will increase the inherent Endangered Species Status for Mount threatened species can only be risk of extinction of the remaining few Charleston Blue Butterfly completed by issuing a rule. If a species occurrences of the Mount Charleston blue butterfly. Unpermitted and AGENCY: Fish and Wildlife Service, is determined to be an endangered or unlawful collection is a threat to the Interior. threatened species throughout all or a subspecies due to the small number of ACTION: Final rule. significant portion of its range, we are required to promptly publish a proposal discrete populations, overall small SUMMARY: We, the U.S. Fish and in the Federal Register and make a metapopulation size, close proximity to Wildlife Service (Service), determine determination on our proposal within 1 roads and trails, and restricted range endangered species status under the year. Critical habitat shall be designated, (Factor B). These threats are likely to be Endangered Species Act of 1973, as to the maximum extent prudent and exacerbated by the impact of climate amended (Act), for the Mount determinable, for any species change, which is anticipated to increase Charleston blue butterfly (Plebejus determined to be an endangered or drought and extreme precipitation shasta charlestonensis), a butterfly threatened species under the Act. We events (see Factor E). The Mount subspecies from the Spring Mountains, will propose to designate critical habitat Charleston blue butterfly is currently in Clark County, Nevada. The effect of this for the Mount Charleston blue butterfly danger of extinction because only small regulation will be to add this subspecies under the Act in a separate Federal populations are known to occupy only to the List of Endangered and Register notice. 3 of the 17 historical locations, it may Threatened Wildlife. Based on This rule will finalize the endangered become extirpated in the near future at information gathered from peer status for the Mount Charleston blue 7 other locations presumed to be reviewers and the public during the butterfly. Based on information gathered occupied, and the threats are ongoing comment period, we have determined from peer reviewers and the public and persistent at all known and that it is prudent to designate critical during the comment period, we have presumed-occupied locations. habitat for the Mount Charleston blue determined that it is prudent to We have determined that listing the butterfly. Therefore, we will publish in designate critical habitat for the Mount lupine blue butterfly, Reakirt’s blue a separate Federal Register notice, our Charleston blue butterfly. Therefore, in butterfly, Spring Mountains icarioides proposed designation of critical habitat a separate Federal Register notice, we blue butterfly, and two Spring for the Mount Charleston blue butterfly. will propose to designate critical habitat Mountains dark blue butterflies based on similarity of appearance is no longer DATES: This rule is effective October 21, for the Mount Charleston blue butterfly. 2013. We are not finalizing the threatened advisable and unnecessary because the status for the lupine blue butterfly threat of inadvertent collection and ADDRESSES: This final rule is available (Plebejus lupini texanus), Reakirt’s blue misidentification of the Mount on the Internet at http:// butterfly (Echinargus isola), Spring Charleston blue butterfly will be www.regulations.gov and http:// Mountains icarioides blue butterfly reduced by a closure order issued by the www.fws.gov/nevada. Comments and (Plebejus icarioides austinorum), and U.S. Department of Agriculture’s Forest materials received, as well as supporting two Spring Mountains dark blue Service (Forest Service). The application documentation used in the preparation butterflies (Euphilotes ancilla cryptica processes for Service and Forest Service of this rule, are available for public and Euphilotes ancilla purpura) based collection permits associated with the inspection at http:// on similarity of appearance to the closure order require thorough review of www.regulations.gov. All of the Mount Charleston blue butterfly under applicant qualifications by agency comments, materials, and section 4(e) of the Act. personnel, and we believe only highly documentation that we considered in The basis for our action. Under the qualified individuals capable of this rulemaking are available, by Act, we can determine that a species is distinguishing between small, blue appointment, during normal business an endangered or threatened species butterfly species that occur in the hours at: U.S. Fish and Wildlife Service, based on any of five factors: (A) The Spring Mountains will be issued Nevada Ecological Services Office, 1340 present or threatened destruction, permits. As a result, we do not Financial Boulevard, Suite 234, Reno, modification, or curtailment of its anticipate that individuals with permits NV 89502–7147; (775) 861–6300 habitat or range; (B) overutilization for will misidentify the butterfly species, [phone]; (775) 861–6301 [facsimile]. commercial, recreational, scientific, or and therefore, we do not believe FOR FURTHER INFORMATION CONTACT: educational purposes; (C) disease or inadvertent collection of the Mount Edward D. Koch, Field Supervisor, predation; (D) the inadequacy of Charleston blue butterfly by authorized Nevada Ecological Services Office (see existing regulatory mechanisms; or (E) individuals will occur. In addition, any ADDRESSES). If you use a other natural or manmade factors collection without permits would be in telecommunications device for the deaf affecting its continued existence. We violation of the closure order and (TDD), call the Federal Information have determined that the Mount subject to law enforcement action so any Relay Service (FIRS) at 800–877–8339. Charleston blue butterfly is endangered purposeful, unlawful collection should SUPPLEMENTARY INFORMATION: due to four of these five factors (A, B, also be reduced. VerDate Mar<15>2010 18:14 Sep 18, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\19SER3.SGM 19SER3 tkelley on DSK3SPTVN1PROD with RULES3 Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Rules and Regulations 57751 Peer reviewers commented that ranging Shasta blue butterfly (Plebejus blue, and females are brown with some designating critical habitat would not shasta), which is a member of the blue basally (Opler 1999, p. 251). The increase the threat to the Mount Lycaenidae family. Currently, seven subspecies has a row of submarginal Charleston blue butterfly from subspecies of Shasta blue butterflies are black spots on the dorsal side of the collection because those individuals recognized: P. s. shasta, P. s. calchas, P. hind wing and a discal black spot on the interested in collecting Mount s. pallidissima, P. s. minnehaha, P. s. dorsal side of the forewing and hind Charleston blue butterflies would be charlestonensis, P. s. pitkinensis, and P. wing, which when viewed up close able to obtain occurrence locations from s. platazul (Pelham 2008, pp. 25–26, distinguishes it from other small, blue other sources, such as the Internet. 379–380). The Mount Charleston blue butterflies occurring in the Spring Based on these comments, we have butterfly is known only to occur in the Mountains (Austin 1980, pp. 20, 23; determined that designation of critical high elevations of the Spring Boyd and Austin 1999, p. 44). The habitat for the Mount Charleston blue Mountains, located approximately 25 butterfly is prudent. Therefore, miles (mi) (40 kilometers (km)) west of underside of the wings is gray, with a elsewhere in a separate Federal Register Las Vegas in Clark County, Nevada pattern of black spots, brown blotches, notice, we will propose to designate (Austin 1980, p. 20; Scott 1986, p. 410). and pale wing veins, giving it a mottled critical habitat for the Mount Charleston The first mention of the Mount appearance (Opler 1999, p. 251). The blue butterfly. Charleston blue butterfly as a unique underside