Revised Designation of Critical Habitat for the Quino Checkerspot Butterfly (Euphydryas Editha Quino); Final Rule
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Wednesday, June 17, 2009 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Quino Checkerspot butterfly (Euphydryas editha quino); Final Rule VerDate Nov<24>2008 15:27 Jun 16, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\17JNR2.SGM 17JNR2 dwashington3 on PROD1PC60 with RULES2 28776 Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Rules and Regulations DEPARTMENT OF THE INTERIOR (16 U.S.C. 1531 et seq.), in this final maintaining the Quino checkerspot revised critical habitat designation. For butterfly population resilience as habitat Fish and Wildlife Service more information on the taxonomy, conditions become warmer and drier biology, and ecology of the Quino (see below and the ‘‘Summary of 50 CFR Part 17 checkerspot butterfly, refer to the final Comments and Recommendations’’ [Docket No. FWS–R8–ES–2008–0006; listing rule published in the Federal section for additional discussion 92210–1117–0000–B4] Register on January 16, 1997 (62 FR regarding climate change). If C. concolor 2313), the original final critical habitat is a novel host plant important for RIN 1018–AV23 rule published in the Federal Register maintaining the resilience of established on April 15, 2002 (67 FR 18356); the populations, it should also facilitate the Endangered and Threatened Wildlife Recovery Plan for the Quino subspecies’ adaptation to environmental and Plants; Revised Designation of Checkerspot Butterfly (Euphydryas change that may result from climate Critical Habitat for the Quino editha quino) (Service 2003a); and the change, including range shift (Pimm et Checkerspot butterfly (Euphydryas proposed revised critical habitat al. 2001, p. 531; Thomas et al. 2001, pp. editha quino) designation published in the Federal 577–581; Parmesan 2006, pp. 644, 645, AGENCY: Fish and Wildlife Service, Register on January 17, 2008 (73 FR 647). For example, increased preference Interior. 3328). for a novel host plant allowed the brown argus butterfly (Aricia agestis) to use ACTION: Final rule. New Information on Subspecies’ habitats that were too cool for the host Description, Life History, Ecology, SUMMARY: We, the U.S. Fish and plants it already used, thus permitting Habitat, and Range Wildlife Service (Service), are the butterfly species to cross previously designating final revised critical habitat We received little new information large geographic gaps in its distribution for the Quino checkerspot butterfly pertaining to the description, life that lacked its formerly preferred host (Euphydryas editha quino) under the history, distribution, ecology, or habitat plant (Pimm et al. 2001, p. 531; Thomas Endangered Species Act of 1973, as of the Quino checkerspot butterfly et al. 2001, pp. 577–581). amended (Act). Approximately 62,125 following the 2008 proposed rule to Next, we did not discuss repeated acres (ac) (25,141 hectares (ha)) of revise critical habitat for this diapause (the low-metabolic rate resting habitat in San Diego and Riverside subspecies. The following paragraphs stage of the life cycle) in our January 17, Counties, California, are being discuss the new information that we 2008 (72 FR 3328) proposed revision to designated as critical habitat for the received, including recent information critical habitat. One peer reviewer Quino checkerspot butterfly. This final about another host plant species brought suggested this was an important aspect revised designation constitutes a to our attention, and clarification of the subspecies’ biology (see comment reduction of approximately 109,479 ac regarding the subspecies’ likely 9 below); therefore, we are adding (44,299 ha) from the 2002 designation of expanded range and larval diapause. discussion here. Diapause occurs during critical habitat for the Quino Please refer to the final listing rule the larval stage, primarily during checkerspot butterfly. published in the Federal Register on summer and fall (Service 2003a, pp. 7– January 16, 1997 (62 FR 2313), and the DATES: This rule becomes effective on 8). Captive rearing and observation of proposed revised critical habitat July 17, 2009. Quino checkerspot butterfly larvae designation published in the Federal indicate repeated diapause is relatively ADDRESSES: The final rule, final Register on January 17, 2008 (72 FR common (over 50 percent likelihood for economic analysis, and map of critical 3328), for an in-depth discussion of the the first year; Pratt 2006, p. 10) and habitat will be available on the Internet subspecies’ biology. larvae can re-enter diapause up to three at http://www.regulations.gov at Docket In 2008, oviposition and larval times (four diapause periods), but more No. FWS–R8–ES–2008–0006 and http:// development of the Quino checkerspot than three diapause periods during an www.fws.gov/carlsbad/. Supporting butterfly were recorded for the first time individual’s life span is unusual (Pratt documentation we used in preparing on a native host plant, Collinsia 2007a, pp. 10–13). this final rule will be available for concolor (Chinese houses). The Quino Finally, the discussion of Edith’s public inspection, by appointment, checkerspot butterfly was observed checkerspot butterfly (Euphydryas during normal business hours, at the using numerous individual C. concolor editha; the Quino checkerspot butterfly U.S. Fish and Wildlife Service, Carlsbad plants at multiple locations in Riverside is a subspecies of Edith’s checkerspot) Fish and Wildlife Office, 6010 Hidden County (Pratt 2008a, p. 1; 2008b, p. 1; range shift in our January 17, 2008 (72 Valley Road, Suite 101, Carlsbad, CA 2008c, p. 1; 2008e, p. 1). Although C. FR 33808), proposed revision to critical 92011; telephone 760–431–9440; concolor commonly occurs in habitats habitat requires clarification. Although facsimile 760–431–5901. with Plantago erecta (erect plantain), P. locally adapted subspecies may shift FOR FURTHER INFORMATION CONTACT: patagonica (Patagonian plantain), and their distribution within the middle of Field Supervisor, U.S. Fish and Wildlife Anterrhinum coulterianum (Coulter’s a greater species distribution (which Service, Carlsbad Fish and Wildlife snapdragon) (Pratt 2001, pp. 42–43; appears to be occurring with the Quino Office (see ADDRESSES section). If you Anderson 2008, pp. 2, 3), this plant is checkerspot butterfly’s elevation range), use a telecommunications device for the typically found on north-facing slopes the northward latitudinal range deaf (TDD), call the Federal Information in cooler and moister microclimates expansion of subspecies of Edith’s Relay Service (FIRS) at 800–877–8339. than where the other host plant species checkerspot butterfly implied by SUPPLEMENTARY INFORMATION: occur (Pratt 2001, p. 40: Pratt 2008b, p. Parmesan’s (1996) study does not apply 1). Quino checkerspot butterflies readily to the Quino checkerspot butterfly. Background oviposit on C. concolor in captivity Because the subspecies’ current We intend to discuss only those (Pratt 2001, p. 40). Relatively heavy but northern range edge is approximately 26 topics directly relevant to the previously undocumented use of C. miles (mi) (42 kilometers (km)) south of designation of critical habitat for the concolor at multiple high-elevation the historical range edge, any northward Quino checkerspot butterfly under the locations suggests that this host plant expansion of the Quino checkerspot Endangered Species Act, as amended may become increasingly important for butterfly’s current range would VerDate Nov<24>2008 15:27 Jun 16, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\17JNR2.SGM 17JNR2 dwashington3 on PROD1PC60 with RULES2 Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Rules and Regulations 28777 constitute recolonization within the mi (1 km) of a source subpopulation is pattern of out-dispersal that many subspecies’ historical latitudinal range 100 percent likely to be colonized by marked animals dispersed beyond the (San Bernardino and Ventura counties; immigrants from the source area covered by our efforts that year. see Service 2003a, pp. 1–3). subpopulation. Harrison (1989, p. 1239) This out-dispersal might make the value also recaptured a significant number of for average distance [traveled] in 1972 Behavior and Population Structure individuals in habitat 0.6 mi (1 km) an underestimate of significant The best available scientific data from their release point. Over a 5–day magnitude.’’ Long-distance movement indicate that most Quino checkerspot period, 5 percent of butterflies released in the bay checkerspot butterfly has butterfly populations have some degree at a single location were recaptured in been documented as far as 4 mi (6.4 km) of metapopulation structure (Service an isolated ‘‘target habitat patch’’ 0.6 mi (Murphy and Ehrlich 1980, p. 319) and 2003a, p. 22) and display (1 km) away (Harrison 1989, p. 1239). 3.5 mi (5.6 km) (Harrison 1989, p. 1239). metapopulation dynamics characterized Assuming mostly random initial The above information indicates that, by highly variable habitat occupancy movement direction from the release although Edith’s checkerspot butterflies patterns and detectability, similar to location at such a great release distance appear to be capable of long-distance most subspecies of Edith’s checkerspot from the recapture site (Harrison 1989, dispersal, their movement propensity is butterfly (Mattoni et al. 1997, p. 111; p. 1241), many individuals likely variable