Federal Register / Vol. 64, No. 221 / Wednesday, November 17, 1999 / Proposed Rules 62641

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

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FISHES

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Salmon, At- Salmo salar U.S.A., Canada, U.S.A., ME Gulf of Maine Atlantic E ...... NA NA lantic. Greenland, west- Salmon Distinct Population Seg- ern Europe. ment, which includes all naturally reproducing wild populations of Atlantic salmon having historical, river-specific characteristics found north of and including tributaries of the lower Kennebec River to, but not including, the mouth of the St. Croix River at the U.S.-Can- ada border. To date, the Services have determined that these popu- lations are found in the Dennys, East Machias, Machias, Pleasant, Narraguagus, Sheepscot, and Ducktrap Rivers and in Cove Brook, Maine.

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And accordingly, the National Marine all naturally spawned populations of River at the U.S.-Canada border (To Fisheries Service proposes to amend steelhead (and their progeny) in streams date, the Services have determined that part 224, subchapter C of Chapter II, in the Columbia River Basin upstream these populations are found in the title 50 of the Code of Federal from the Yakima River, Washington, to Dennys, East Machias, Machias, Regulations, as set forth below. the United States-Canada Border; Upper Pleasant, Narraguagus, Sheepscot, and Columbia River spring-run chinook Ducktrap Rivers and in Cove Brook, PART 224±ENDANGERED MARINE salmon (Oncorhynchus tshawytscha), Maine). AND ANADROMOUS SPECIES including all naturally spawned * * * * * populations of chinook salmon in 4. The authority citation for part 224 Dated: November 10, 1999. continues to read as follows: Columbia River tributaries upstream of the Rock Island Dam and downstream of Andrew A. Rosenberg, Authority: 16 U.S.C. 1531–1543 and 16 Deputy Assistant Administrator for Fisheries, U.S.C. 1361 et seq. Chief Joseph Dam in Washington (excluding the Okanogan River), the National Marine Fisheries Service. 5. In § 224.101, paragraph (a) is Columbia River from a straight line revised to read as follows: Dated: November 9, 1999. connecting the west end of the Clatsop Jamie Rappaport Clark, jetty (south jetty, Oregon side) and the § 224.101 Enumeration of endangered Director, U.S. Fish and Wildlife Service. marine and anadromous species. west end of the Peacock jetty (north [FR Doc. 99–30014 Filed 11–16–99; 8:45 am] * * * * * jetty, Washington side) upstream to (a) Marine and Anadromous Fish. Chief Joseph Dam in Washington, and BILLING CODE 3510±22±P 4310±55±P Shortnose sturgeon (Acipenser the Chiwawa River (spring run), brevirostrum); Totoaba (Cynoscian Methow River (spring run), Twisp River macdonaldi), Snake River sockeye (spring run), Chewuch River (spring DEPARTMENT OF THE INTERIOR salmon (Oncorhynchus nerka), Umpqua run), White River (spring run), and Nason Creek (spring run) hatchery River cutthroat trout (Oncorhynchus Fish and Wildlife Service clarki clarki); Southern California stocks (and their progeny); Sacramento steelhead (Oncorhynchus mykiss), River winter-run chinook salmon 50 CFR Part 17 including all naturally spawned (Oncorhynchus tshawytscha); Gulf of populations of steelhead (and their Maine Atlantic Salmon (Salmo salar) Endangered and Threatened Wildlife progeny) in streams from the Santa Distinct Population Segment, which and Plants; 90-Day Finding for a Maria River, San Luis Obispo County, includes all naturally reproducing wild Petition To List the Santa Monica California (inclusive) to Malibu Creek, populations of Atlantic salmon having Mountains Hairstreak as Endangered Los Angeles County, California historical, river-specific characteristics With Critical Habitat (inclusive); Upper Columbia River found north of and including tributaries steelhead (Oncorhynchus mykiss), of the lower Kennebec River to, but not AGENCY: Fish and Wildlife Service, including the Wells Hatchery stock and including, the mouth of the St. Croix Interior.

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ACTION: Notice of 90-day petition processing final determinations on hairstreak ( auretorum finding. proposed additions to the lists of fumosum), which they distinguished endangered and threatened wildlife and from the gold-hunter’s hairstreak SUMMARY: We, the U.S. Fish and plants. Third priority is processing new (Satyrium auretorum auretorum) and Wildlife Service (Service), announce a proposals to add species to the lists. The the nut-brown hairstreak, primarily by 90-day finding for a petition to processing of administrative petition the darker brown color on the underside emergency list the Santa Monica findings (petitions filed under section 4 of the forewing and hindwing of both Mountains hairstreak (Satyrium of the Act) is the fourth priority. The males and females, and described the auretorum fumosum) under the processing of critical habitat adult’s morphology, distinguishing Endangered Species Act of 1973, as determinations (prudency and features, distribution, phenology, and amended (Act). This only determinability decisions) and proposed phylogenetic relationships. occurs in southern California. We find or final designations of critical habitat Based upon limited rearing of a few that the petition did not present will be funded separately from other larvae, young shoots of coast live oak substantial scientific or commercial section 4 listing actions and will no (Quercus agrifolia) may be the sole host information indicating that listing this longer be subject to prioritization under of the Santa Monica Mountain subspecies may be warranted. Listing Priority Guidance. The hairstreak (Pasko and Mattoni 1992). DATES: The finding announced in this processing of this petition finding is a Adults spend most of their time notice was made on November 5, 1999. Priority 4 action and is being completed perching on coast live oak and fly only ADDRESSES: Data, information, in accordance with the current Listing when disturbed (Urban Wildlands et al. comments, or questions concerning this Priority Guidance. 1999). According to the petitioners, petition should be sent to the Field On January 8, 1999, we received a observation of the butterfly is difficult Supervisor, Ventura Fish and Wildlife petition from the Urban Wildlands because the life cycle is completed in Office, U.S. Fish and Wildlife Service, Group, the Research the oak canopy about 9–12 meters (m) 2493 Portola Road, Suite B, Ventura, Foundation, the California Oak (30-40 feet (ft)) above ground. Adults fly California 93003. The petition, finding Foundation, the Southwest Center for as a single brood from late April to June and supporting data are available for Biodiversity, Roger Kim, Lisa and have rarely been observed public inspection, by appointment, Bracamonte, Rudi Mattoni, Travis nectaring. When observed, the nectar during normal business hours at the Longcore, Catherine Rich, John Emmel, source has always been California above address. and John Pasko (Urban Wildlands et al. buckwheat (Eriogonum fasciculatum) 1999) requesting that we emergency list (Urban Wildlands et al. 1999). Based on FOR FURTHER INFORMATION CONTACT: Carl the Santa Monica Mountains hairstreak the information provided by the Benz, Assistant Field Supervisor, (Satyrium auretorum fumosum) as an petitioners and other information Listing and Recovery, at the address endangered species under the Act, and available to us, it is unclear whether above (telephone 805/644–1766; that critical habitat be designated California buckwheat is critical to the facsimile 805/644–3958). concurrent with listing. This petition life history of the Santa Monica SUPPLEMENTARY INFORMATION: dated January 2, 1999, specified Mountains hairstreak, or if other plants Background endangered status primarily because of can provide adequate nectar sources. At the butterfly’s limited distribution and the present time, the complete life Section 4(b)(3)(A) of the Act, requires threats from urbanization and habitat history of the Santa Monica Mountains that we make a finding on whether a fragmentation. hairstreak is unknown. It is difficult to petition to list, delist, or reclassify a Emergency listing is not a petionable identify the precise habitat requirements species presents substantial scientific or action under the Act. However, our of the subspecies without certainty of commercial information to demonstrate above-mentioned listing priority the species and quality of foodplant(s) that the petitioned action may be guidance requires that we screen required, potential micro-habitat warranted. This finding is based upon petitions to list species for the need to requirements of adults, pupae, larvae all information submitted with and emergency list them. Based on the and eggs, and other environmental referenced in the petition, and all other information provided by the petitioners, factors necessary for all life stages of the information available to us at the time we find that threats to the continued butterfly. the finding is made. To the maximum existence of the Santa Monica The historic distribution of the Santa extent practicable, this finding is to be Mountains hairstreak are present but not Monica Mountains hairstreak is not made within 90 days following receipt immediate, and they do not individually precisely known. The petitioners note of the petition and promptly published or collectively pose a significant risk to that amateur butterfly collectors have in the Federal Register. If the finding is the well being of the subspecies. extensively collected in the area and positive, section 4(b)(3)(B) of the Act Therefore, we feel that emergency there is no indication that the Santa requires us to promptly commence a listing the Santa Monica Mountains Monica Mountains hairstreak occurs review of the status of the species, and hairstreak is not justified at this time. beyond the western end of the Santa to disclose our findings within 12 The Santa Monica Mountains Monica Mountains in California. months. hairstreak butterfly is a small brown However, it is unlikely that collectors The processing of this petition finding butterfly with a wing span of 2.5–3.2 would have aggressively sought the conforms with our Listing Priority centimeters (cm) (1–1.25 inches (in)). Santa Monica Mountains hairstreak Guidance published in the Federal The subspecies is a member of the before 1973, when Emmel and Emmel Register on October 22, 1999 (64 FR family. The taxon was first first made reference to this subspecies 57114). The guidance clarifies the order mentioned when Emmel and Emmel or perhaps even before 1990, when the in which we will process rulemakings. (1973) noted a population of the nut- taxon was officially described in the Highest priority is processing brown hairstreak (Satyrium auretorum scientific literature. The lack of emergency listing rules for any species spadix) with darker undersides in the historical collections cannot be used as determined to face a significant and western Santa Monica Mountains. empirical evidence of the narrowness of imminent risk to its well being (Priority Emmel and Mattoni (1990) later named the taxon’s historical or present 1). Second priority (Priority 2) is this taxon the Santa Monica Mountains distribution. The Santa Monica

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Mountains hairstreak is, thus far, known common throughout the Santa Monica explanation on how these activities only from five locations in the northern Mountains (Tim Thomas, Service, pers. would negatively affect the subspecies. slopes and plateau of the western end of comm. 1999). Therefore, it is unclear, Since most of this subspecies’ life cycle the Santa Monica Mountains in Ventura why the Santa Monica Mountains appears to be spent within the canopy and Los Angeles Counties (Urban hairstreak would occur in such small of coast live oak, it is unclear how these Wildlands et al. 1999; Pasko and numbers in a few localized areas when threats in the area surrounding the coast Mattoni 1992). the two plant species most closely live oaks might affect the butterfly at There are no comprehensive surveys associated with the butterfly are any locality. It is conceivable that undertaken for the taxon. According to widespread. Since the butterfly occurs habitat fragmentation and degradation the petitioners, at one Los Angeles high above the ground in the canopy of could decrease the proximity, quantity County location, Santa Monica oaks, the subspecies is probably difficult or quality of nectar sources, such as Mountains hairstreak adults were to locate. Comprehensive surveys are California buckwheat. However, at the observed in 1990, 1993 and 1994 in needed to determine if the present range present time, the role or importance of association with mature coast live oaks and habitat requirements of the taxon is nectar sources in the life history of the (Pasko and Mattoni 1992; Urban as restricted as asserted in the petition. Santa Monica Mountains hairstreak is Wildlands et al. 1999). At another Los The petitioners outlined factors unknown. Fragmentation of habitat Angeles County location, on property threatening the subspecies, including could also lead to genetic isolation of owned by the National Park Service, urbanization; fragmentation and other populations of the taxon and increased larvae were found on seven of the coast natural and manmade factors; susceptibility to catastrophic events, live oaks examined (Pasko and Mattoni overutilization for commercial, including fire. However, without 1992; Urban Wildlands et al. 1999). Six recreational, scientific or educational adequate data on the habitat adult male were sighted near purposes; and inadequacy of existing requirements and population structure this second location on May 17, 1997, conservation mechanisms. Three of the of the Santa Monica Mountains and four adult males and two adult five known localities of this butterfly hairstreak, the extent of potential threats females were counted there on May 23, occur on private land and are the most of habitat fragmentation, modification or 1997, (Urban Wildlands et al. 1999). susceptible to habitat destruction and destruction cannot be adequately The petitioners assert that the degradation. According to the petition, determined. population at a third location in Ventura one of the Los Angeles County locations Butterflies are potentially subject to County was not located and may be of the subspecies has been designated intense collection pressures. There is an extirpated; however, it is unclear when for a future high-priced housing international commercial trade in many the hairstreak was last observed at this development, and ‘‘most or all’’ of the butterfly species listed and proposed for location. Because of the imprecision of 25 aforementioned coast live oaks will listing under the Act, as well as other the data supplied by the petitioners, the be removed. This development has been imperiled or rare butterflies (U.S. exact locality of a single adult collected approved and approximately 12 to 22 of Department of Justice 1993, 1995; at the fourth location is unknown. Much the oak trees will be removed (Scott Williams 1996; Claireborne 1997; of the area surrounding this location is Wolfe, City of Westlake Village, pers. Hoekwater 1997; Chris Nagano, Service, within the boundaries of the Santa comm. 1999). It is unclear if one or more pers. comm. 1999). At the present time, Monica Mountains National Recreation of the four coast live oaks that the two known localities of the Santa Area, administered by the National Park subspecies was found on will be Monica Mountains hairstreak are Service, but a variety of private in- removed, and what the impacts of coast protected from collection. As property holdings also occur within the live oak removal will be. of the National Park Service, one recreation area. The petitioners assert At another location in Ventura location has regulations in place that that a fifth location also exists based County, development took place in the make it illegal to collect or plant upon the finding of one adult male form of numerous, privately owned specimens. Because this location is butterfly collected on a site co-owned homes. Any remaining habitat for the consistently patrolled by rangers, these and managed by the Conejo Recreation Santa Monica Mountains hairstreak in regulations are well-enforced (R. and Parks District and Conejo Open this area is susceptible to development Sauvoget, pers. comm. 1999). Space Conservation Agency (COSCA). and could also be degraded in the future Regulations at the site co-owned and These data are the only information (R. Sauvoget, National Park Service, managed by COSCA, prohibit the supplied by the petitioners with regard pers. comm. 1999). If a population of the collection of and plants within to the size and location of populations Santa Monica Mountains hairstreak the park, and this prohibition is well- of the Santa Monica Mountains does occur in the Santa Monica enforced by park rangers (Mark Towne, hairstreak. Mountains Recreation Area where a COSCA, pers. comm. 1999). The three The petitioners maintain that single adult was collected, this other currently known sites of the Santa although amateur butterfly collectors population could also be susceptible to Monica Mountains hairstreak have no frequent the Santa Monica Mountains, development since there are a number protective measures to preclude there are no records of the Santa Monica of private in-holdings within the collecting of the taxon. Mountains hairstreak in areas other than Recreation Area (R. Sauvoget, pers. Regulatory mechanisms currently in in the localities identified previously. comm. 1999). place are generally inadequate to protect However, there is an absence of The petitioners also identify habitat the Santa Monica Mountains hairstreak. documentation on the dates, number fragmentation by roads and highways, Federal agencies and private and frequency of collections, and names along with habitat degradation from landholders are not legally required to of collectors, and there are insufficient littering, dumping and unlawful consider and manage for this or other data to substantiate the claim that the hunting as threats to the Santa Monica subspecies during project design and Santa Monica Mountains hairstreak is Mountains hairstreak at one location. implementation. The Santa Monica limited to the locations outlined in the Recreational and commercial activities, Mountains hairstreak is not listed under petition. Coast live oak and common such as mountain biking, in-line the California Endangered Species Act. buckwheat, the two species of plants on skating, and jogging, were also cited by The California Environmental Quality which the butterfly may depend, are the petitioners, but there is no Act and local regulations do not provide

VerDate 29-OCT-99 09:38 Nov 16, 1999 Jkt 190000 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\17NOP1.XXX pfrm07 PsN: 17NOP1 62644 Federal Register / Vol. 64, No. 221 / Wednesday, November 17, 1999 / Proposed Rules specific protection measures to ensure hostplant specificity of the butterfly; U. S. Department of Justice. 1995. Prison the continued existence of the Santa and analysis of nectar sources available for illegal smuggling of endangered and Monica Mountains hairstreak (Urban to and used by the subspecies. The protected species. (press release). Milwaukee, Wildlands et al. 1999). Some city and evidence the petitioners present Wisconsin. indicates that the subspecies may be U. S. Department of Justice. 1993. United county jurisdictions are attempting to States of America v. Richard J. Skalski, provide for the protection of coast live rare, but available information is Thomas W. Kral, and Marc L. Grinnell. oaks in areas where the Santa Monica insufficient to adequately determine if Violation: Conspiracy to violate the wildlife Mountains hairstreak occurs through other populations exist beyond the laws of the United States, including the adoption of land ordinances. These currently described five locations. Endangered Species Act [16 U.S.C. 1538(a)(1) ordinances require landowners to plant Without additional information on the (E), (F) and (G), and 1540(b)(1)] and the Lacey saplings as replacements for removed life history, range, or population size of Act [16 U.S.C. 3372(a)(1), 3373(a)(2)(A), oak trees (Urban Wildlands et al. 1999). the taxon, we cannot evaluate the sections 3373(d)(1)(B), and 3373(d)(2)] all in However, it is unknown whether the seriousness of the potential threats to violation of Title 18 U.S.C. § 371, a felony (indictment). San Jose, California. Santa Monica Mountains hairstreak the Santa Monica Mountains hairstreak that are identified in the petition. Urban Wildlands Group, Lepidoptera would benefit from the planting of Research Foundation, California Oaks young oak trees, or if the subspecies is Because of the lack of adequate data on Foundation, Southwest Center for associated solely with older oak trees. biological vulnerability and threats, we Biodiversity, R. Kim, L. Bracamante, R. Information on the life history or habitat find that the petition does not present Mattoni, T. Longcore, C. Rich, J. Emmel, and requirements of the Santa Monica substantial information that listing the J. Prasko. January 2, 1999. Petition to list the Mountains hairstreak is insufficient to Santa Monica Mountains hairstreak may Santa Monica Mountains hairstreak determine the full effect of oak tree be warranted. (Satyrium auretorum fumosum) as protection on the subspecies. endangered under the Endangered Species References Cited Act. We have reviewed the petition, and Claiborne, W. 1997. Authorities net Williams, T. 1996. The great butterfly bust. carefully assessed the scientific and butterfly poacher at National Park. Page A4. Audubon 98(2): 30–37. commercial information available from Washington Post. August 2, 1997. Author this petition and our own files regarding Emmel, T.C. and J.F. Emmel. 1973. The the past, present, and future threats butterflies of Southern California. Natural The primary author of this finding is faced by the Santa Monica Mountains History Museum of Los Angeles Scientific Colleen Sculley, U.S. Fish and Wildlife Publication no. 26. hairstreak. Several factors may impact Service, Ventura Fish and Wildlife the Santa Monica Mountains hairstreak Emmel, J.F. and R.H.T. Mattoni. 1989. A new subspecies of Satyrium auretorum Office (see ADDRESSES section). at the five known sites, but this butterfly (Lycaenidae) from the Santa Monica Authority was only recently discovered, and little Mountains of southern California. Journal of is known of its life history requirements Research on the Lepidoptera 28(1–2):100– The authority for this action is the and potential distribution. Critical 104. Endangered Species Act (16 U.S.C. 1531 information needed includes Hoekwater, J. 1997. Butterfly poaching for et seq.). documentation of historical collection profit in Baxter State Park, Maine. records throughout the range of the Northeastern Naturalist 4:145–152. Dated: November 5, 1999. Pasko, J. and R. Mattoni. 1992. Notes on Jamie Rappaport Clark, taxon; surveys of the western Santa the Santa Monica Mountains hairstreak Director, Fish and Wildlife Service. Monica Mountains devoted to searching Satyrium auretorum fumosum, Emmel and for the butterfly; documentation and Mattoni. Journal of Research on the [FR Doc. 99–29993 Filed 11–16–99; 8:45 am] detailed descriptions of studies of Lepidoptera 31:287–292. BILLING CODE 4310±55±p

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