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(Catalog of Federal Domestic Assistance No. incorporate information that we receive (a) The present or threatened 97.022, ‘‘Flood Insurance.’’) after the above requested date. destruction, modification, or Dated: April 15, 2010. ADDRESSES: You may submit comments curtailment of its habitat or range; Sandra K. Knight, by one of the following methods: (b) Overutilization for commercial, • Deputy Federal Insurance and Mitigation Federal eRulemaking Portal: http:// recreational, scientific, or educational Administrator, Mitigation, Department of www.regulations.gov. Search for docket purposes; Homeland Security, Federal Emergency FWS-R8-ES-2010-0031 and then follow (c) Disease or predation; Management Agency. the instructions for submitting (d) The inadequacy of existing [FR Doc. 2010–10342 Filed 5–3–10; 8:45 am] comments. regulatory mechanisms; or • (e) Other natural or manmade factors BILLING CODE 9110–12–P U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS-R8- affecting its continued existence. ES-2010-0031; Division of Policy and (3) Information on management programs for the conservation of Hermes DEPARTMENT OF THE INTERIOR Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, copper . (4) The potential effects of climate Fish and Wildlife Service Suite 222; Arlington, VA 22203. We will post all comments on http:// change on this species and its habitat, what regional climate change models 50 CFR Part 17 www.regulations.gov. This generally means that we will post any personal are available, and whether they are [Docket No. FWS-R8-ES-2010-0031] information you provide us (see the reliable and credible to use as step- [MO 92210-0-0008-B2] Request for Information section below down models for assessing the effects of for more details). climate change on this species and its Endangered and Threatened Wildlife FOR FURTHER INFORMATION CONTACT: Jim habitat. and Plants; 90-Day Finding on a Bartel, Field Supervisor, Carlsbad Fish (5) Additional information on the Petition to List Hermes Copper and Wildlife Office, Carlsbad Fish and following locations in Butterfly as Threatened or Endangered Wildlife Office, U.S. Fish and Wildlife County, California, United States of America (U.S.A.) where the status of the AGENCY: Service, 6010 Hidden Valley Road, Suite Fish and Wildlife Service, species or level of the threat (such as Interior. 101, Carlsbad, CA 92011, by telephone at 760–431–9440, or by facsimile to fire), is unknown (petitioner location ACTION: Notice of petition finding and names used for the first time are in initiation of status review. 760–431–9624. Persons who use a telecommunications device for the deaf quotation marks if we added a location description): SUMMARY: We, the U.S. Fish and (TDD) may call the Federal Information Relay Service (FIRS) at 800–877–8339. - approximately 3 miles (mi) (5 Wildlife Service (Service), announce a kilometers (km)) south of the City of El SUPPLEMENTARY INFORMATION: 90–day finding on a petition to list Cajon (‘‘El Cajon (3 miles South)’’); Hermes copper butterfly (Hermelycaena Request for Information - the neighborhood of Flinn Springs in [] hermes) as a threatened or the City of El Cajon (‘‘Flinn Springs (El endangered species under the When we make a finding that a petition presents substantial Cajon)’’); Endangered Species Act of 1973, as - Fairmont Canyon in the City of San information indicating that listing a amended (Act) and to designate critical Diego (‘‘Fairmont Canyon’’); species may be warranted, we are habitat. We find the petition presents - the community of Kearny Mesa required to promptly review the status substantial scientific or commercial (‘‘Kearny Mesa’’); information indicating that listing the of the species (status review). For the - City of San Diego urban core area; Hermes copper butterfly may be status review to be complete and based - the Crosby property in the City of warranted. Therefore, with the on the best available scientific and Rancho Santa Fe (‘‘The Crosby’’); publication of this notice, we are commercial information, we request - City of Spring Valley (‘‘Spring initiating a status review to determine if information on the Hermes copper Valley’’); the petitioned action is warranted. To butterfly from governmental agencies, - community of Harmony Grove in the ensure that the status review is Native American Tribes, the scientific City of Escondido (‘‘Harmony Grove’’); comprehensive, we are soliciting community, industry, and any other - Steel Canyon near the community of scientific and commercial data and interested parties. We seek information Jamul (‘‘Steel Canyon’’); other information regarding this species. on: - Mission Valley in the City of San Based on the status review, we will (1) The species’ biology, range, and Diego (‘‘Mission Valley’’); issue a 12–month finding on the population trends, including: - City of Poway near the intersection petition, which will address whether (a) Habitat requirements for feeding, of Poway Road and State Route 395 the petitioned action is warranted, as breeding, and sheltering; (‘‘Poway Road/Highway 395’’); (b) Genetics and taxonomy; provided in section 4(b)(3)(B) of the Act. - community of Dulzura (‘‘Dulzura’’); (c) Historical and current range, -- Deerhorn Valley near the DATES: To allow us adequate time to including distribution patterns; community of Jamul (‘‘Deerhorn conduct this review, we request that we (d) Historical and current population Valley’’); receive information on or before July 6, levels, and current and projected trends; - area near Mt. Miguel; the community 2010. Please note that if you are using and of Pine Valley (‘‘Pine Valley’’); the Federal eRulemaking Portal (see (e) Past and ongoing conservation - Big Rock Road in the city of Santee ADDRESSES section, below), the deadline measures for the species and its habitat (‘‘Santee’s Big Rock Road;’’); for submitting an electronic comment is in the United States and Mexico. - community of Alpine (‘‘Alpine’’); 11:59 p.m. Eastern Time on this date. (2) The factors that are the basis for - community of Miramar (‘‘Miramar’’); After July 6, 2010, you must submit making a listing determination for a - Sycamore Canyon and Gooden information directly to the Field Office species under section 4(a) of the Ranch in the City of Santee (‘‘Sycamore (see FOR FURTHER INFORMATION CONTACT Endangered Species Act of 1973, as Canyon and Gooden Ranch’’); section below). Please note that we amended (Act) (16 U.S.C. 1531 et seq.), - Otay Mountain foothills (‘‘Otay- might not be able to address or which are: Foothill area’’);

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- 1 mi (1.6 km) west of Lake Hodges supporting information, although noted, (71 FR 44966, August 8, 2006) is limited (‘‘Lake Hodges (1 mile West)’’); will not be considered in making a to Marschalek and Deutschman’s (2008) - Boulder Creek Road near the determination. Section 4(b)(1)(A) of the study of the effect of habitat edges on community of Descanso (‘‘Boulder Creek Act directs that determinations as to Hermes copper butterfly, new species Road’’); whether any species is an endangered or observation locations, and fire data (see - Harbison Canyon near the threatened species must be made ‘‘solely Species Information sections below). We community of Crest (‘‘Harbison on the basis of the best scientific and received additional information from Canyon’’); commercial data available.’’ the petitioners in an email on March 5, - Little Cedar Creek near Otay You may submit your information 2010 (Evans 2010). We reviewed and Mountain (‘‘Little Cedar Creek’’); concerning this status review by one of evaluated the information they - San Marcos Creek in the City of San the methods listed in the ADDRESSES submitted, and did not find that it Marcos (‘‘San Marcos Creek’’); section. If you submit information via provided any new data relative to the - Spring Canyon near the City of http://www.regulations.gov, your entire status of the species or threats to it or Santee (‘‘Spring Canyon’’); and submission—including any personal its habitat. The petitioners submitted - Sycuan Peak in the community of identifying information—will be posted one piece of anecdotal species Jamul (‘‘Sycuan Peak’’). on the website. If you submit a information that we did not already We would also like information for hardcopy that includes personal have in our files, a personal the following locations in Baja identifying information, you may communication (cited ‘‘D. Faulkner, V. California, Mexico: request at the top of your document that Marquez-Waller pers. comm. on 4/16/ - 12 mi (19 km) north of the city of we withhold this personal identifying 08’’) that a ‘‘Ladybird beetle’’ is a Ensenada (‘‘Ensenada (12 mi north)’’); information from public review. potential Hermes copper butterfly - 18 mi (29 km) south of Santo Tomas However, we cannot guarantee that we predator (Evans 2010 attachment, p. 8). Valley (‘‘Santo Tomas (18 mi south)’’); will be able to do so. We will post all For biological and other scientific - the community of Bajamar hardcopy submissions on http:// information on Hermes copper butterfly, (‘‘Bajamar’’); and the community of www.regulations.gov. please refer to our previous 90–day Salsipuedes (‘‘Salsi Puedes’’).. Information and supporting finding published in the Federal (6) Information on U.S. Forest Service documentation that we received and Register on August 8, 2006 (71 FR Land and Resource Management Plan used in preparing this finding, will be 44966). revisions and the status of the species available for you to review at http:// on U.S. Forest Service lands. www.regulations.gov, or you may make Previous Federal Actions Please include sufficient information an appointment during normal business On August 8, 2006, we published 90– with your submission (such as full hours at the U.S. Fish and Wildlife day findings for both Hermes copper references) to allow us to verify any Service, Carlsbad Fish and Wildlife butterfly and Thorne’s hairstreak scientific or commercial information Office (see FOR FURTHER INFORMATION butterfly in the Federal Register. The you include. CONTACT). findings concluded that the petitions If, after the status review, we and information in our files did not determine that listing Hermes copper Background present substantial scientific or butterfly is warranted, we intend to Section 4(b)(3)(A) of the Act requires commercial information indicating that propose critical habitat (see definition that we make a finding on whether a listing Hermes copper (71 FR 44966) or in section 3(5)(A) of the Act), as per petition to list, delist, or reclassify a Thorne’s hairstreak (71 FR section 4 of the Act, to the maximum species presents substantial scientific or 44980) was warranted. (For a detailed extent prudent and determinable at the commercial information indicating that history of Federal actions involving time we propose to list the species. the petitioned action may be warranted. Hermes copper butterfly prior to the Therefore, within the geographical range We are to base this finding on 2006 90–day finding, please see the currently occupied by Hermes copper information provided in the petition, August 8, 2006, Federal Register Notice butterfly, we request data and supporting information submitted with (71 FR 44966)). On March 17, 2009, CBD information on: the petition, and information otherwise and David Hogan filed a complaint for (1) What may constitute ‘‘physical or available in our files. To the maximum declaratory and injunctive relief biological features essential to the extent practicable, we are to make this challenging the Service’s decision not to conservation of the species,’’ finding within 90 days of our receipt of list Hermes copper butterfly and (2) Where these features are currently the petition and publish our notice of Thorne’s hairstreak butterfly as found, and the finding promptly in the Federal threatened or endangered under the Act. (3) Whether any of these features may Register. In a settlement agreement dated October require special management Our standard for substantial scientific 23, 2009 (Case No. 09-0533 S.D. Cal.), considerations or protection. or commercial information within the the Service agreed to submit new 90– In addition, we request data and Code of Federal Regulations (CFR) with day petition findings to the Federal information on ‘‘specific areas outside regard to a 90–day petition finding is Register by April 2, 2010, for Thorne’s the geographical area occupied by the ‘‘that amount of information that would hairstreak butterfly, and by May 13, species’’ that are ‘‘essential to the lead a reasonable person to believe that 2010, for Hermes copper butterfly. As a conservation of the species.’’ Please the measure proposed in the petition part of the settlement agreement, we provide specific comments and may be warranted’’ (50 CFR 424.14(b)). agreed to evaluate the October 25, 2004, information as to what, if any, critical If we find that substantial scientific or petition filed by David Hogan and CBD, habitat you think we should propose for commercial information was presented, supporting information submitted with designation if the species is proposed we are required to promptly review the the petition, and information available for listing, and why such habitat meets status of the species, which is in the Service’s files, including the requirements of section 4 of the Act. subsequently summarized in our 12– information that has become available Submissions merely stating support month finding. since the publication of the negative 90– for or opposition to the action under New species information received day findings on August 8, 2006. If the consideration without providing since the our previous 90–day finding 90–day findings determine that listing

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may be warranted, we agreed to submit Diego County to Lopez Canyon in purposes; (C) disease or predation; (D) a 12–month finding to the Federal western San Diego County. Range-wide the inadequacy of existing regulatory Register by March 4, 2011, for Thorne’s species surveys have not been mechanisms; or (E) other natural or hairstreak butterfly, and by April 15, completed; therefore, it is difficult to manmade factors affecting its continued 2011, for Hermes copper butterfly. We assess the extent of occupation existence. published a 90–day finding in the throughout the historical range. In making this 90–day finding, we Federal Register on April 5, 2010 (75 FR Habitat evaluated whether information on 17062) concluding that listing Thorne’s threats to Hermes copper butterfly, as According to Thorne (1963, pp. 143– hairstreak butterfly may be warranted. presented in the 2004 petition and other 144), Hermes copper butterflies are This notice constitutes our 90–day information available in our files, is dependent on (spiny finding on the petition to list Hermes substantial, thereby indicating that the redberry), a wide-ranging perennial copper butterfly under section 4(b)(1)(A) petitioned action may be warranted. In coastal sage scrub and chaparral- of the Act. the sections that follow, we summarize associated species, as its larval host and information included in the 2004 Species Information for completion of its lifecycle. The range petition and evaluate any new Hermes copper butterfly is endemic to of R. crocea extends throughout coastal the southern California region, primarily northern California, central western information in our files. For additional occurring in San Diego County, California, southwestern California, and information regarding Hermes copper California, and a few records of the into Baja California, Mexico, to an butterfly please refer to the previous 90– species have been documented in Baja elevation of 3,280 feet (ft) (1000 meters day finding published in the Federal California, Mexico (Faulkner and Klein (m)). The coastal sage scrub and Register on August 8, 2006 (71 FR 2005, p. 23). The species inhabits chaparral ecosystems in San Diego 44966). coastal sage scrub and southern mixed County have been subject to multiple A. The Present or Threatened chaparral (Marschalek and Deutschman fires of various levels of severity (Keeley Destruction, Modification, or 2008, p. 98) and is dependent on its and Fotheringham 2003, pp. 242–243; Curtailment of the Species’ Habitat or larval host plant, Rhamnus crocea Faulkner and Klein 2005, p. 25). Range (spiny redberry), to complete its Rhamnus crocea and other coastal sage lifecycle. Adult Hermes copper scrub or chaparral-associated species are The petition, its appendices, and butterflies lay single eggs on R. crocea adapted to intermittent fire, but referenced documents discuss the stems where they hatch and feed until researchers postulate that increased fire following threats that are grouped under pupation occurs at the base of the plant. frequency may result in altered Factor A: development, wildfire, fire Hermes copper butterflies have one vegetation structure or type conversion management techniques, and habitat flight period (termed univoltine) throughout the range (Keeley and fragmentation. occurring in mid-May to early-July, Fotheringham 2003, pp. 243–244; The petition includes a table that lists depending on weather conditions and Keeley 2004, pp. 2–3) and lead to a Hermes copper butterfly populations elevation (Faulkner and Klein 2005, pp. significant decline in Hermes copper and their presumed status at 56 23–24). butterfly habitat availability and occurrences throughout San Diego Adult Hermes copper butterflies have suitability. Anecdotal evidence County and into Mexico. The table been known to nectar (feed) in coastal indicates Hermes copper butterflies identifies 22 occurrences that were sage scrub and chaparral ecosystems on require mature R. crocea to complete presumed lost in the 2003 Otay, Cedar, Adenostema fasciculatum (chamise), their lifecycle; therefore, increased fire and Paradise fires; 6 occurrences that Eriogonum fasciculatum (California frequency may reduce suitable host were presumed lost to urban buckwheat), Helianthus gracilentus plant availability. However, no development; 8 occurrences that were (slender sunflower), Toxicodendron quantitative studies have occurred to known to be occupied and were diversilobum (poison oak), and test this hypothesis. mentioned in various environmental Hirshfeldia incana (short-podded For additional detailed species review documents; 2 occurrences with mustard) and are rarely seen far from information on Hermes copper butterfly, unknown locations and occupancy their nectar source or host plant please refer to our previous 90–day status; and 18 occurrences of unknown (Faulkner and Klein 2005, pp. 24–25; finding, which published in the Federal occupancy status (which include 4 in Marschalek and Deutschman 2008, p. Register on August 8, 2006 (71 FR Baja California, Mexico). 102). Marschalek and Deutschman 44966). (2008) documented densities of Hermes Development Evaluation of Information for this copper butterflies on paired transects Information Provided in the Petition along edges and within the interior of Finding host plant stands in rural areas. Their Section 4 of the Act (16 U.S.C. 1533), The petitioner stated that Hermes study results indicate Hermes copper and its implementing regulations in the copper butterfly is vulnerable to butterfly densities are significantly Code of Federal Regulations (CFR) at 50 extinction due to loss of populations higher near host plant stand edges than CFR 424, set forth the procedures for and habitat loss as a result of urban in the interior (Marschalek and adding species to the Federal Lists of development. The petitioner’s table lists Deutschman 2008, p. 102), suggesting Endangered and Threatened Wildlife 6 locations that are presumed lost to that this single factor in natural areas and Plants. A species may be development and 8 locations discovered may have a positive effect on species’ determined to be an endangered or as a result of surveys and environmental density. threatened species due to one or more reviews for development projects. There Historical data indicate Hermes of the five factors described in section are 14 Hermes copper butterfly locations copper butterflies ranged from 4(a)(1) of the Act: (A) The present or in the petitioner’s table that do not Fallbrook, California, in northern San threatened destruction, modification, or include any indication of current Diego County to 18 mi (29 km) south of curtailment of its habitat or range; (B) occupancy status and an additional 2 Santo Tomas in Baja California, Mexico, overutilization for commercial, occurrences with unknown locations and from Pine Valley in eastern San recreational, scientific, or educational and status.

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Evaluation of Information Provided in occupancy at the Dulzura, Deerhorn development, and we conclude there is the Petition and Available in Service Valley, Mt. Miguel, Pine Valley, and substantial information indicating Files Santee’s Big Rock Road locations is Hermes copper butterfly listing may be At one of the 6 locations presumed needed to determine the species’ status warranted due to the threat of urban lost to development (‘‘Scripps Gateway’’ at these locations. development. Information in our files indicates the at the southwest corner of Interstate 15 Service is currently evaluating habitat Wildfire and Scripps Poway Parkway), the last conservation plans (HCPs) for the San Hermes copper butterfly observation Information Provided in the Petition Diego County Water Authority, Joint was in 1996, and information in our The petitioner claims that Hermes Water Agencies, North San Diego files indicates that development has not copper butterfly is highly vulnerable to County, East San Diego County, and the impacted this area. Further investigation extinction due to the threat of fire. The City of Santee where Hermes copper is needed to accurately determine the petitioner claims that excessive human- butterfly may be included as a ‘‘covered induced fires threaten the species’ species’ status at this location. The species’’ in order to avoid conflict with remaining 5 locations identified by the planned future development. These survival, even on lands protected from petitioner as lost to development were HCPs are seeking coverage for take of development. The petitioner lists 22 observed 45 or more years ago. We do Hermes copper butterfly throughout locations that are presumed lost to fire not have more recent data on these their plan areas, but the plans are not (see analysis below for location specific locations and further yet finalized (see ‘‘D. The Inadequacy of descriptions). investigation is needed to determine Existing Regulatory Mechanisms’’ Evaluation of Information Provided in their status. However, information in section below for further discussion of the Petition and Available in Service our files indicates that some of the approved HCPs). Additionally, the Files historical occurrences referenced by the population of San Diego County is Information in our files indicates that petitioner (Kearny Mesa, Mission predicted to grow 25.2 percent from wildfire regimes throughout southern Valley, San Diego State College, and 2000 to 2020 (California Department of California have been changing for some ‘‘Suncrest’’ in the community of Crest) Finance 2007), suggesting that time, and much of this change is have probably been impacted by urban urbanization pressure will continue to attributed to human demography and development. pose an increasing threat to remaining population density. Specifically, fire Information in our files indicates that populations within the range of Hermes the status of Hermes copper butterfly at copper butterfly. Development on U.S. frequency and season have increased 4 (the Crosby property in Rancho Santa Forest Service lands may also pose a throughout chaparral and coastal sage Fe, Spring Valley, Harmony Grove, and threat to Hermes copper butterflies. The scrub ecosystems (Keeley and Steel Canyon) of the 8 locations species is considered an species- Fotheringham 2003, pp. 239–242). discovered as a result of surveys and at-risk by the U.S. Forest Service; Information in our files indicates that environmental reviews for development defined specifically, as an uncommon, the 2003 Otay, Cedar, and Paradise fires projects is currently unknown, and the narrow endemic, disjunct, or peripheral and the 2007 Harris, Poomacha, and butterfly is currently extant at the other in the Cleveland National Forest (CNF) Witch fires did impact some of the areas 4 locations (Skyline Truck Trail, Lyons Land Resource Management Plan with documented Hermes copper Valley, Lawson Valley, and Jamul (LRMP)) area, with substantial threats to butterfly occurrences (Alpine, Highlands Road in the community of species persistence or distribution from Crestridge Ecological Reserve, the Jamul). Further investigation is needed Forest Service activities (USFS 2005a, p. community of Descanso, Spring Valley, to determine the status of Hermes 119). Information in our files indicates Miramar, Mission Trails Regional Park, copper butterfly at the Crosby property that one specific project is currently in Santee, Sycamore Canyon, Otay-Foothill in Rancho Santa Fe, Spring Valley, the permitting and implementation area, and Rancho Jamul Ecological Harmony Grove, and Steel Canyon. phase (Sunrise Powerlink) and there are Reserve). However, the extent to which Our files do not contain more recent existing energy projects within the CNF the habitat (chaparral and coastal sage data for the Mexico occurrences cited in (Winter 2010, pers. comm.) that may scrub and, more specifically, the host the petition, or data on the 2 unknown pose a threat to Hermes copper butterfly plant Rhamnus crocea) was impacted is locations listed in the petition that are habitat. These projects may impact unknown and requires further of unknown status (Mission Valley and Hermes copper butterfly through direct investigation to accurately assess the Poway Road/Highway 395). Further loss or fragmentation of available impact to Hermes copper butterfly. Of investigation is needed to accurately habitat. Although no roads or facility the 22 locations identified in the determine the status of Hermes copper development has been planned for the petition as presumed lost to fire, 12 of butterfly at those locations. CNF within Hermes copper butterfly these locations cited observation data Of the locations in the petitioner’s habitat that we are aware of at this time, dating back 20 or more years. We do not table, information in our files indicates future development or the maintenance have more recent data on Hermes that the current status of 5 (Dulzura, of existing facilities may potentially be copper butterfly at those locations, and Deerhorn Valley, Mt. Miguel, Pine a threat to Hermes copper butterfly their current status is unknown. Of the Valley, and Santee’s Big Rock Road) of through fragmentation of habitat. remaining 10 locations, we have data in the 14 locations is unknown, and that 9 Information in our files indicates that our files indicating that Hermes copper of the occurrences (Lyons Peak, Black the existing electrical energy lines that butterfly is extant at 5 locations: Mountain, the community of ‘‘Guatay,’’ pass through the CNF may pose a Mission Trails Regional Park, Crestridge McGinty Mountain, Poway, ‘‘Robert’s potential threat of wildfire through Ecological Reserve, Descanso, Rancho Ranch’’ near the intersection of State accidental ignition (see ‘‘Wildfire’’ Jamul, and Santee (Fanita Ranch). The Route 79 and , San Diego section below). remaining 5 locations noted in the National Wildlife Refuge, Sycuan Peak, In summary, we have evaluated petitioner’s table that potentially harbor and ‘‘Wright’s Field’’ in the community information in our files and the petition Hermes copper butterfly would require of Alpine) are extant. Further and find there has been some loss of further investigation to determine the investigation of Hermes copper butterfly Hermes copper butterfly habitat due to species’ status.

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Information in our files indicates that Diego 2006, p. 2; The Fire Safe Council fragmented throughout the range of occurrences at 5 of the 22 locations of San Diego County 2009, p. 1). Hermes copper butterfly by urban identified in the petition as lost to Information available to us at this time development, fire, vegetation type- wildfire are currently extant. Further does not support the petitioner’s claim conversion, road construction, and other investigation is needed to determine the that the County of San Diego is rejecting factors; and status of the species at the remaining 17 conservation-oriented rural planning or (3) Fragmentation leads to expansion locations; however, with the expected emphasizing prescribed burns. of edge habitat that stresses Hermes increased frequency of fires, the species Although prescribed burning is copper butterfly populations. may not be able to recolonize habitat conducted in potential Hermes copper Evaluation of Information Provided in patches where they have been butterfly habitat on Marine Corps Air the Petition and Available in Service extirpated by fire. Additionally, Station Miramar, neither the petition Files information in our files indicates that nor information in our files indicates approximately 80 percent of the Hermes that prescribed burning is being Habitat fragmentation increases the copper butterfly habitat (Rhamnus conducted in occupied Hermes copper ratio of edge to interior habitat area, crocea and other coastal sage scrub or butterfly habitat. creating a boundary around existing associated-chaparral species) on CNF According to the U.S. Forest Service’s suitable habitat where the surrounding lands burned in the 2003 and 2007 fires 2005 final environmental impact area is unsuitable for the particular and only few of the historical locations statement for land management plans in organism. This process isolates the on CNF are currently persisting (Winter the Angeles, Cleveland, Los Padres and habitat patch from other surrounding 2010, pers. comm.) San Bernardino National Forests, suitable habitat patches and, depending After reviewing the petition and Hermes copper butterfly is an animal on the movement dynamics of a information in our files, we find species-at-risk due to prescribed burns particular organism, this habitat substantial information exists indicating or fuel reduction projects in the CNF separation (or fragmentation) and that listing Hermes copper butterfly may (USFS 2005(a), p. 175). The CNF’s isolation may result in increased be warranted due to the threat to conservation strategy for the next 3 to 5 extirpation risk (Bell et al. 1991, pp. 1– 438). Hermes copper butterfly habitat as the years states their intention to monitor Information in our files and in the result of increased fire frequency or Hermes copper butterfly in burned areas petition indicates that habitat for excessive wildfire relative to historic and to prevent and suppress fires Hermes copper butterfly has been conditions. throughout the habitat of Hermes copper fragmented by wildfire and urban butterflies (USFS 2005(b), pp. 88-89). To Fire Management Techniques development. Comparison of Hermes further fire prevention efforts, the CNF copper butterfly and host plant Information Provided in the Petition is creating fuel breaks adjacent to homes distribution data with satellite imagery The petitioner claims that prescribed and other developed areas to prevent indicates wildfire causes short-term burns used as fire management spread of wildfire from developed areas fragmentation of habitat, and much techniques are likely to impact the onto CNF lands. Information in our files historical habitat has been fragmented Hermes copper butterfly in a number of also indicates that CNF is not by development. Additionally, the locations throughout the County of San conducting large scale prescribed burns, extent of habitat fragmentation on USFS Diego, including the Cleveland National but is actively engaged in fuel reduction lands has not been quantified, but Forest (CNF). The petitioner asserts that throughout the forest (Winter 2010, information available at this time the County has relied on excessive pers. comm.). indicates that there has been significant brush clearing around homes and After reviewing information in our loss and possible patchy distribution of communities for fire protection and that files and in the petition, we do not find the habitat that is remaining (Winter the CNF has aggressively pursued substantial information to indicate that 2010, pers. comm.). Specific impacts of prescribed burning as a vegetation listing of Hermes copper butterfly may habitat fragmentation on Hermes copper management tool. The petitioner claims be warranted due to the use of butterfly have not been documented and that prescribed burns are likely to prescribed fire as a fire management require further investigation. The reduce the survival of Hermes copper technique either in the County of San smaller and more isolated butterfly butterflies. Diego or on the CNF. However, we will populations are, the less likely its further investigate the potential threat of habitat patches will be recolonized Evaluation of Information Provided in prescribed fires in our status review for following extirpation due to wildfire or the Petition and Available in Service this species. another catastrophic event. Given that Files Habitat Fragmentation some locations that historically The County of San Diego’s Zoning harbored Hermes copper butterflies and Ordinance regulations and Information Provided in the Petition have been impacted and the existence of recommendations indicate that lands The petitioner claims habitat a possibility of habitat fragmentation, within the County of San Diego are (chaparral and coastal sage scrub) for further investigation is necessary to required to have a defensible space Hermes copper butterfly is being determine the implications of these around homes and structures, which fragmented through various findings to Hermes copper butterfly’s may impact Hermes copper butterfly mechanisms (i.e., urban development, persistence. habitat; however, emphasis is placed on fire, type-conversion, and roads) and In summary, we evaluated the replacing flammable roofing material that this threatens the species’ survival. petition and information in our files and with fire-resistant shingles, planting The petitioner’s claims include the find substantial information has been fire-resistant landscape vegetation, following: presented in the petition or is available using fire-resistant native plant species, (1) Habitat fragmentation is reducing in our files to indicate listing Hermes avoiding invasive nonnative species in the overall area of habitat available for copper butterfly may be warranted due landscaping, and implementing other the Hermes copper butterfly; to the present or threatened destruction, effective conservation-oriented fire (2) Host plant, Rhamnus crocea, modification, or curtailment of the management techniques (County of San population distributions have been species’ habitat or range. In particular,

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we find that fires that have occurred in commercial, recreational, scientific, or D. The Inadequacy of Existing the north and south of the species’ range educational purposes. However, we will Regulatory Mechanisms and development (including urban further investigate the potential threat of The petition states very few regulatory development and activities on CNF overutilization for commercial, mechanisms are in place that afford lands) through the center of its recreational, scientific, or education Hermes copper butterfly conservation; distribution may have impacted the purposes in our status review for this however, the petitioner states the habitat (host plant and nectar sources) species. following mechanisms may provide through loss or fragmentation and, in C. Disease or Predation some conservation: turn, may threaten the species’ (1) The California Environmental existence. Disease Quality Act (CEQA); B. Overutilization for Commercial, (2) National Environmental Policy Act There was no information provided in (NEPA) (42 U.S.C. 4321 et seq.); Recreational, Scientific, or Educational the petition nor do we have any Purposes (3) U.S. Forest Service management; information in our files to indicate that (4) San Diego Multiple Species Information Provided in the Petition disease is a threat to the Hermes copper Conservation Plan (MSCP); The petitioner claims at least one butterfly. (5) Biological Mitigation Ordinance (BMO); commercial operation may impact Predation Hermes copper butterfly. According to (6) County of San Diego Resource the petition, a company called Information Provided in the Petition Protection Ordinance (RPO); and ‘‘Morningstar Flower and Vibrational (7) City and County of San Diego open The petitioner states that species Essences’’ markets a Hermes copper space parks. experts suspect predatory , and ‘‘butterfly essence’’ through their The petitioner states that although the parasitic insects, spiders, and possibly website. The petitioner states it is measures listed above exist, they have birds, prey upon Hermes copper unclear how these essences are not proven effective in reducing what manufactured or obtained; however, the butterfly. Additionally, the petitioner the petitioner believes are the primary petition states that flower essences are asserts that the harmful effects of threats to Hermes copper butterfly produced by soaking the material in otherwise normal predation or survival (urban development, wildfire, water, alcohol, or vinegar. Additionally, parasitism might be exacerbated by and habitat degradation). population reduction from excessive the petition states that over-collection California Environmental Quality may impact the Hermes copper fires. We received additional (CEQA) and National Environmental butterfly. The petitioner claims that a information from the petitioner in an Policy Acts (NEPA) female Hermes copper butterfly was email on March 5, 2010 (Evans 2010). worth up to $20.00 in 1986. The petitioner submitted one piece of Information Provided in the Petition anecdotal species information we did The petitioner claims the Service has Evaluation of Information Provided in not already have in our files, a personal previously provided extensive the Petition and Available in Service communication (cited ‘‘D. Faulkner, V. discussion of the inadequacy of CEQA Files Marquez-Waller pers. comm. on 4/16/ to protect imperiled species, identifying Neither the petition nor information 08’’) that a ‘‘Ladybird beetle’’ is a several listings in the Federal Register available in our files indicates that potential Hermes copper butterfly (62 FR 2318, January 16, 1997; 62 FR commercial use threatens the existence predator (Evans 2010 attachment, p. 8). 4935, February 3, 1997; 61 FR 25829, of Hermes copper butterfly. Information May 23, 1996; 69 FR 47236, August 4, Evaluation of Information Provided in in our files indicates that no Hermes 2004). The petitioner did not provide the Petition and Available in Service copper butterflies, whole or physical information regarding NEPA. parts, are used in the process of making Files Evaluation of Information Provided in these butterfly essences (Morning Star Faulkner and Klein (2005, p. 26) state Essences, pers. comm., 2006). We are the Petition and Available in Service that no documentation exists of Files unaware of any other business that parasitism or predation on Hermes markets and sells ‘‘butterfly essences,’’ copper butterfly, and we have no CEQA and NEPA provide some protection for Hermes copper butterfly. and we have no information to indicate information in our files that suggests CEQA (Public Resources Code, Sections this activity threatens Hermes copper parasitism or predation is a threat to the butterfly. 21000-21178, and Title 14 CCR, Section species’ existence. The petitioner did Additionally, there is no information 753, and Sections 15000-15387) requires not provide information to support the in our files or the petition to indicate public agencies to disclose hypothesis that predation or parasitism over-collection is a threat to Hermes environmental impacts of a project on may exacerbate population reduction as copper butterfly. We have information native species and natural communities result of fire or any specific information in our files that on June 26, 2004, two during the land use planning process ‘‘ ’’ different advertisements on the Internet that Ladybird beetles may be a and to identify and impose mitigation offered specimens of Hermes copper significant predator, and we have no measures to reduce project impacts to a butterfly for sale for approximately information in our files to support either less than significant level unless the $152.00 (Martin, pers. comm., 2004). of these claims. agency makes a finding of overriding However, there is no evidence that trade After a review of information in our consideration. Through this process, or collection directly contributes, or is files and in the petition, we do not find CEQA ensures that proposed project a substantial threat, to the species. substantial information to indicate that effects on Hermes copper butterflies will After a review of information in our listing Hermes copper butterfly may be be considered and, generally, reduced or files and in the petition, we do not find warranted due to disease or predation. mitigated. NEPA requires Federal substantial information to indicate that However, we will further investigate the agencies to disclose the significant listing Hermes copper butterfly may be potential threat of disease and predation impacts of a proposed action but does warranted due to overutilization for in our status review for this species. not require that such impacts be

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reduced to a level of insignificance. this nectar source was burned in the covered under MSCP, and establishes These statutes provide some protection 2007 fire; and mitigation ratios and conditions for for Hermes copper butterfly and its (3) The Sunrise Powerlink project was impacted species within the County. habitat. modified to protect remaining Hermes However, the petitioner states that the copper butterfly habitat on Barber BMO only protects those ‘‘non-covered’’ U.S. Forest Service (USFS) Management Mountain (Winter 2009, pers. comm.). species if they are inside the County of Information Provided in the Petition The ‘‘sensitive species’’ list is San Diego Subarea Plan’s Biological The petitioner claims U.S. Forest currently being updated by U.S. Forest Resources Core Areas, and even then, the County of San Diego Subarea Plan Service regulations and management Service and will likely include Hermes does not require avoidance of important activities appear to provide few copper butterfly (Winter 2009, pers. Hermes copper butterfly populations, protections to Hermes copper butterfly. comm.); however, this is a future action habitat, or dispersal corridors. The petitioner states that, aside from that is not certain. In summary, although U.S. Forest Moreover, the BMO would not improve monitoring survey results by others, Service has undertaken or is planning the species’ status. The petitioners also there is no indication that the Cleveland some preventative measures to avoid claim the County of San Diego Resource National Forest (CNF) is engaged in the impacts to Hermes copper butterfly and Protection Ordinance (RPO), which conservation of Hermes copper its habitat, the failure of the CNF to imposes controls on development of butterfly. Additionally, the petitioner identify Hermes copper butterfly as a wetlands, floodplains, steep slopes, states that Hermes copper butterfly is sensitive species under its LRMP sensitive biological habitats, and not recognized as a ‘‘sensitive species’’ suggests that current regulation may not historical sites outside the boundaries of by the U.S. Forest Service, which would be adequate to protect the species and the County of San Diego Subarea Plan, provide monitoring efforts to track the its habitat from future development, does not directly protect species or species’ status and some protection from related impacts, such as habitat loss, impose any species-specific harmful projects. However, the (fragmentation and excessive wildfire), management efforts. Rather, the RPO petitioner states that even if the U.S. and similar impacts resulting for the attempts to minimize the impacts of Forest Service recognized Hermes maintenance of existing facilities and urban development on habitat. The copper butterfly as a ‘‘sensitive species,’’ roads on U.S. Forest Service lands. The petition states that the County of San proactive conservation activities would conservation measures and preventative Diego asserts these regulatory measures not be implemented until the species actions listed above that the U.S. Forest will still contribute to conservation of receives protection from the Act. Service has implemented or is planning the Hermes copper butterfly; however, Evaluation of Information Provided in to implement on the CNF are not the petitioner noted that the County of the Petition and Available in Service required and do not prohibit activities San Diego Subarea Plan provides only Files that may impact Hermes copper inadvertent protection to the species, butterfly or its habitat. which the petitioner believes is Information in our files does support insufficient. the petitioner’s claim that inadequacy of San Diego Multiple Species U.S. Forest Service management may be Conservation Plan (MSCP), the Evaluation of Information Provided in a contributing factor impacting the Biological Mitigation Ordinance, and the Petition and Available in Service survival of the Hermes copper butterfly. the County of San Diego Resource Files According to the 2005 LRMP currently Protection Ordinance Information in our files indicates that in place for CNF, Hermes copper Hermes copper butterfly is not a Information Provided in the Petition butterfly is considered an animal ‘‘covered species’’ under the County of species-at-risk by U.S. Forest Service The petitioner states that: San Diego Subarea Plan (Service 1998, but is not currently recognized as a (1) Hermes copper butterfly is not p. 2). Although not a ‘‘covered species’’ ‘‘sensitive species’’ by the U.S. Forest recognized as a ‘‘covered species’’ under under the plan, the Hermes copper Service. Because the butterfly is not the County of San Diego’s Subarea Plan butterfly and its habitat receive some currently identified as a ‘‘sensitive under the MSCP (MSCP 1998); indirect protection through land use species,’’ preventative measures by the (2) The MSCP cannot provide the restrictions applicable to lands within U.S. Forest Service to avoid impacts necessary management to benefit the the County of San Diego under the BMO from development, excessive wildfire species because no species-specific (in effect since 2004) and the RPO. The often as a result of development management is planned, described, or BMO, which applies to areas in the projects, and habitat fragmentation (see required; and county covered by the County’s Factor A discussion) to Hermes copper (3) The MSCP can benefit Hermes approved MSCP Subarea Plan, butterflies or their habitat are not copper butterfly only in the event of implements preserve design criteria for required. However, information in our collaterally beneficial conservation urban development and provides for files indicates that the U.S. Forest activities for other species and habitats. conservation of sensitive biological Service is taking some management The petitioner claims the informal habitats, such as chaparral, coastal sage actions to protect and conserve this treatment of Hermes copper butterfly by scrub, and woodland, by establishing species. The following management the MSCP provides few conservation mitigation ratios and project efforts are being implemented or are benefits. The petitioner also states that development conditions. Therefore, the planned on U.S. Forest Service lands the MSCP identifies only three sites BMO may provide some protection and leading to the conservation and where the butterfly occurs in the Metro- mitigation for larval and adult habitat protection of Hermes copper butterfly: Lakeside-Jamul Segment of the County for the Hermes copper butterfly within (1) All historical locations have been of San Diego Subarea Plan. The the County of San Diego MSCP Subarea surveyed; petitioner claims that conservation Plan to the extent that habitat occurs (2) Re-vegetation of Eriogonum under the County of San Diego Subarea within sensitive biological habitats fasciculatum (California buckwheat), an Plan is presumably provided under the regulated by the BML. The RPO, which important nectar source, is planned for Biological Mitigation Ordinance (BMO) applies to the entire County of San the Barber Mountain area where most of that applies to more species than those Diego (and not solely outside the

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boundaries of the MSCP as stated in the (2) Observations at McGinty Mountain larvae are likely killed when fire burns petition), provides protection and were first reported in the 1980s and the Rhamnus crocea and other nearby requires mitigation for impacts to butterfly has been repeatedly observed coastal sage scrub or chaparral Hermes copper butterfly habitat that is since; and vegetation; (2) adults are likely killed by deemed sensitive habitat land or occurs (3) The City of San Diego’s website on fire due to their habit of remaining close on steep slopes. The County of San the Black Mountain Open Space Park to their host plant; and (3) adults are Diego Guidelines for Determining states that all plants and found likely outpaced by an approaching fire. Significance and Report Format and within the park are protected and must The petition claims excessive fires over Content Requirements for Biological not be harmed or removed (City of San the last several decades have reduced Resources (County of San Diego 2009, p. Diego 2009); Hermes copper butterflies Hermes copper butterfly population 7) includes guidance that habitat were observed on Black Mountain in numbers and disrupted metapopulation occupied by Hermes copper butterfly 2004. dynamics and stability. should be considered sensitive, thus There are few known occurrences of Evaluation of Information Provided in triggering species-based mitigation and Hermes copper butterflies in City or the Petition and Available in Service avoidance to the maximum extent County open space parks. Although Files possible under the RPO. Hermes copper there is no formal regulation or butterfly is included on the County’s management specifically for Hermes Fire causes direct mortality of Hermes Group 1 Sensitive Animals List because copper butterflies on these lands, we are copper butterflies, and is reported to it is considered a rare endemic species not aware of any evidence to suggest have extirpated a population in habitat and is on the State of California’s that the absence of such regulation and where they were not observed again special animal taxa list (County of San management poses a threat to the until 18 years after the fire (Faulkner Diego 2009, p. 50; CDFG 2009). Hermes copper butterfly or its habitat. and Klein 2005, pp. 24–26). The Therefore, the MSCP, BMO, and RPO In summary, we have evaluated the persistence of Hermes copper butterfly provide variable protection to the petition and information in our files and after the 2003 fires was at first Hermes copper butterfly habitat find substantial information exists to questioned because much of the fire depending on the specific regulatory indicate that listing the Hermes butterfly footprint appeared to cover known mechanism and habitat location. may be warranted because existing locations occupied by the species regulatory mechanisms may not (Betzler et al. 2003, p. 12). However, City of San Diego and County of San adequately address the threats of habitat information in our files indicates Diego Open Space Parks loss and fragmentation posed by Hermes copper butterfly persisted in Information Provided in the Petition development related impacts, including reduced numbers at sites within the 2003 and 2007 fire footprints (such as The petition states that remaining human-induced, excessive wildfire (see Mission Trails Regional Park, Wildwood Hermes copper butterfly populations are Factor A discussion). The regulatory Glen Lane in CNF, Barber Mountain, not necessarily protected from edge mechanisms discussed above provide a and Potrero Road). Given the described effects, wildfire, or potential park patchwork of protection for Hermes negative impacts of fire on Hermes development by the nature of their copper butterfly and its habitat; copper butterfly populations (Faulkner location on the following open space however, the cumulative protection and Klein 2005, pp. 24–26), it is likely park lands managed by the City or provided by these mechanisms may not the species’ existence is threatened by County of San Diego: Mission Trails adequately remove the threat of habitat wildfires. Additional surveys and Regional Park, McGinty Mountain, and loss and fragmentation resulting from monitoring are needed to determine the Black Mountain. The petitioner claims development. We do not believe that the survival and recolonization rate Hermes copper butterfly cannot directly observed increase in frequency of following fire to address the petitioner’s benefit from these open spaces without natural wildfires recently observed in claim of a direct mortality extinction formal protection. Hermes butterfly habitat is a threat amenable to reduction or elimination by threat due to high fire frequency. After Evaluation of Information Provided in regulatory mechanisms. However, we reviewing the petition and information the Petition and Available in Service will further investigate the effectiveness in our files, we find substantial Files of existing regulatory mechanisms to information exists indicating that listing Information in our files does not protect the Hermes copper butterfly and the Hermes copper butterfly may be support the petitioner’s claim that lack its habitat from wildfire and other warranted due to the threat of mortality of specific management plans or area- potential threats in our status review of from wildfire. specific management directives for open the species. Vulnerability of Small and Isolated space parks threatens the persistence of E. Other Natural or Manmade Factors Populations Hermes copper butterfly. Furthermore, Affecting the Species’ Continued Information Provided in the Petition McGinty Mountain is part of the San Existence Diego National Wildlife Refuge and is The petitioner asserts that endemic not managed by the City or County of The petition, its appendices, and taxa such as Hermes copper butterfly are San Diego. Although there are no formal referenced documents discuss the considered more prone to extinction management plans in our files written following threats that are grouped under than widespread species due to their by the City or County of San Diego for Factor E: wildfire, vulnerability of small restricted geographical range and that these specific parks, it appears Hermes and isolated populations, and global population isolation is exacerbated by copper butterfly is persisting at all three climate change. habitat fragmentation (see Factor A locations listed in the petition. Mortality Due to Wildfire above for discussion of habitat Information in our files indicates that: fragmentation). According to the (1) Hermes copper butterfly has been Information Provided in the Petition petition, the common factors that observed historically at Mission Trails The petitioner states that the Hermes increase the vulnerability of small and Regional Park since the late 1950s copper butterfly cannot escape fire. The isolated populations to extinction are through current surveys in 2009; petitioner states that: (1) Pupae and demographic fluctuations,

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environmental stochasticity (random unknown after recent fires; therefore, substantial information indicating that events), and reduced genetic diversity. stochastic extinction as a result of listing Hermes copper butterfly may be restricted geographical range or warranted due to other natural or Evaluation of Information Provided in population isolation may pose a manmade factors affecting the species’ the Petition and Available in Service significant threat to the species. continued existence. Specifically, we Files find that mortality due to wildfire and Global Climate Change Small population size, a low number restricted geographical range or of populations, or population isolation Information Provided in the Petition population isolation may pose are not necessarily factors that may significant threats to the species. threaten a species independently. The petitioner asserts that butterflies Typically, it is the combination of small (in general) are threatened by global Finding climate change and are specifically size and number and isolation of On the basis of our determination populations in conjunction with other sensitive to small changes in microclimate, such as fluctuations in under section 4(b)(3)(A) of the Act, we threats (such as the present or determine that the petition presents threatened destruction, modification, or moisture, temperature, or sunlight. According to the petition, studies of substantial scientific or commercial curtailment of the species’ habitat or information indicating that listing the range) that may significantly increase Edith’s checkerspot butterfly (Euphydryas editha) have shown that Hermes copper butterfly may be the probability of species’ extinction. warranted. This finding is based on Information in our files indicates large whole ecosystems may move northward or shift in elevation as the Earth’s information provided under Factor A annual fluctuations in observed (present or threatened destruction, abundance of adult butterflies are climate warms (Parmesan and Galbraith 2004, p. 9). modification, or curtailment of the common throughout this butterfly’s species’ habitat or range), Factor D (the range. Adult butterfly abundance may Evaluation of Information Provided in inadequacy of existing regulatory fluctuate approximately two orders of the Petition and Available in Service mechanisms), and Factor E (other magnitude from one year to the next and Files natural or manmade factors affecting the may be correlated with rainfall levels species’ continued existence). Because (Klein and Faulkner 2003, p. 96); We recognize recent evaluations by we find that the petition presents however, it is not clear how adult Parmesan and Galbraith (2004, pp. 1–2, substantial information indicating that observations correlate with abundance 29–33) that indicate that whole listing the Hermes copper butterfly may of all life stages, including diapausing ecosystems may be shifting northward be warranted, we are initiating a status (quiescent) stages. Also, much and upward in elevation, or are review to determine whether listing the uncertainty exists regarding the species’ otherwise being altered by differing distribution because the range of its host climate tolerance among species within Hermes copper butterfly under the Act plant, Rhamnus crocea, extends well a community. Additionally, we is warranted. beyond the known range of the butterfly recognize that climate change is likely The ‘‘substantial information’’ and surveys have not been conducted to cause changes in the arrangement and standard for a 90–day finding differs throughout the host plant’s range community composition of occupied from the Act’s ‘‘best scientific and (especially inland San Diego County habitat patches. Current climate change commercial data’’ standard that applies and northwestern Baja California, predictions for terrestrial areas in the to a status review to determine whether Mexico). Northern Hemisphere indicate warmer a petitioned action is warranted. A 90– Population isolation and air temperatures, more intense day finding does not constitute a status fragmentation may render smaller precipitation events, and increased review under the Act. In a 12–month populations more vulnerable to summer continental drying (Field et al. finding, we will determine whether a stochastic extirpation. Small 1999, pp. 1–3; Hayhoe et al. 2004, p. petitioned action is warranted after we populations and isolation could also 12422; Cayan et al. 2005, p. 6; have completed a thorough status subject the butterfly to genetic drift and Intergovernmental Panel on Climate review of the species, which is restricted gene flow that may decrease Change (IPCC) 2007, p. 11). However, conducted following a substantial 90– genetic variability over time and could predictions of climatic conditions for day finding. Because the Act’s standards adversely affect species’ viability (Allee smaller subregions, such as California, for 90–day and 12–month findings are 1931, pp. 12-37; Stephens et al. 1999, remain less certain. Thus, the different, as described above, a pp. 185-190; Dennis 2002, pp. 389-401). information currently available in our substantial 90–day finding does not Information in our files indicates that files on the effects of global climate mean that the 12–month finding will reduced adult Hermes copper butterfly change, such as increasing temperatures result in a warranted finding. densities are present in burned areas or moisture, require further analysis and The petitioner requested that critical (see Factor A discussion on Wildfire) comparison with local climate models habitat be designated for this species. If and new occurrences (such as at Potrero and other literature to make sufficiently we determine in our 12–month finding Road, north Lyons Valley, and west certain estimates of the likely magnitude that listing Hermes copper butterfly is Japatul Valley) have been documented of predicted effects on Hermes copper warranted, we will address the after the 2003 and 2007 fires. Sufficient butterfly. Given the current uncertainty, designation of critical habitat at the time distribution, population structure, we find that information in our files of the proposed rulemaking. The genetic, or demographic information does not provide substantial proposed rulemaking may be published about the species to determine the effect information suggesting that global concurrently with the 12–month finding of isolation and small population size is climate change may be a factor that or at a later date. currently unavailable. However, threatens Hermes copper butterfly. We References Cited information in our files indicates that will further investigate this potential the habitat area and range that the threat to Hermes copper butterfly in our A complete list of references cited is species inhabits have been reduced and status review of the species. available on the Internet at http:// fragmented and the status of some In summary, we find the petition and www.regulations.gov and upon request historical occurrences remains information in our files provide from the Carlsbad Fish and Wildlife

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Office (see FOR FURTHER INFORMATION Wildlife Office (see FOR FURTHER Dated: April 19, 2010. CONTACT). INFORMATION CONTACT). Daniel M. Ashe, Acting Director, Fish and Wildlife Service. Author Authority [FR Doc. 2010–10317 Filed 5–3–10; 8:45 am] The authority for this action is the The primary authors of this notice are BILLING CODE 4310–55–S Endangered Species Act of 1973, as staff members of the Carlsbad Fish and amended (16 U.S.C. 1531 et seq.).

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