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not provide information indicating how require empirical proof of a threat. The DEPARTMENT OF THE INTERIOR climate change might potentially impact combination of exposure and some the prairie chub. The prairie chub has corroborating evidence of how the Fish and Wildlife Service persisted for millennia with periods of species is likely impacted could suffice. extreme weather events, such as The mere identification of factors that 50 CFR Part 17 droughts and floods. If climate change could impact a species negatively may [Docket No. FWS–R8–ES–2010–0031; MO causes more extreme weather events, not be sufficient to compel a finding 92210–0–0008–B2] there is no information to indicate that that listing may be warranted. The such events will have a negative impact information must contain evidence Endangered and Threatened Wildlife on the prairie chub. At this time, we sufficient to suggest that these factors and Plants; 12-Month Finding on a lack sufficient certainty to know may be operative threats that act on the Petition To List Hermes Copper specifically how climate change will species to the point that the species may Butterfly as Endangered or Threatened affect the species. We are not aware of meet the definition of threatened or any data at an appropriate scale to endangered under the Act. AGENCY: Fish and Wildlife Service, evaluate habitat or population trends for Interior. Because we have found that the the prairie chub within its range, make ACTION: Notice of 12-month petition petition presents substantial predictions about future trends, or finding. information indicating that listing the determine whether the species will prairie chub may be warranted, we are actually be impacted. Therefore, based SUMMARY: We, the U.S. Fish and initiating a status review to determine on information presented by the Wildlife Service (Service), announce a whether listing the prairie chub as petitioner and readily available in our 12-month finding on a petition to list threatened or endangered under the Act files, we do not consider climate change Hermes copper butterfly (Hermelycaena is warranted. to be a threat to the species; however, [Lycaena] hermes) as endangered and to we intend to investigate this factor more The ‘‘substantial information’’ designate critical habitat under the thoroughly in our status review of the standard for a 90-day finding differs Endangered Species Act of 1973, as species. from the Act’s ‘‘best scientific and amended (Act). In summary, we find that the petition, commercial data’’ standard that applies After review of all available scientific along with information readily available to a status review to determine whether and commercial information, we find in our files, has not presented a petitioned action is warranted. A 90- that listing Hermes copper butterfly as substantial information that the prairie day finding does not constitute a status endangered or threatened is warranted. chub may warrant listing due to other review under the Act. In a 12-month Currently, however, listing Hermes natural or manmade factors. finding, we will determine whether a copper butterfly is precluded by higher petitioned action is warranted after we priority actions to amend the Lists of Finding have completed a thorough status Endangered and Threatened Wildlife On the basis of our determination review of the species, which is and Plants. Upon publication of this 12- under section 4(b)(3)(A) of the Act, we conducted following a substantial 90- month petition finding, we will add have determined that the petition day finding. Because the Act’s standards Hermes copper butterfly to our presents substantial scientific or for 90-day and 12-month findings are candidate species list. We will develop commercial information indicating that different, as described above, a a proposed rule to list Hermes copper listing the prairie chub throughout its substantial 90-day finding does not butterfly as our priorities allow. We will entire range may be warranted. This mean that the 12-month finding will make any determination on critical finding is based on information result in a warranted finding. habitat during development of the provided under factors A and D about proposed listing rule. During any the potential threats from altered stream References Cited interim period, we will address the flows and degraded water quality, and status of the candidate taxon through inadequacy of existing regulatory A complete list of references cited is available on the Internet at http:// our annual Candidate Notice of Review mechanisms to protect prairie chubs (CNOR). from altered stream flows or degraded www.regulations.gov and upon request from the Oklahoma Ecological Services DATES: The finding announced in this water quality. We determine that the document was made on April 14, 2011. information provided under factors B, C, Field Office (see FOR FURTHER ADDRESSES: and E is not substantial. In considering INFORMATION CONTACT). This finding is available on the Internet at http:// what factors might constitute threats, we Author must look beyond the mere exposure of www.regulations.gov at Docket Number the species to the factor to determine The primary author of this notice is FWS–R8–ES–2010–0031. Supporting whether the species responds to the the staff of the Oklahoma Ecological documentation we used in preparing factor in a way that causes actual Services Field Office (see FOR FURTHER this finding is available for public impacts to the species. If there is INFORMATION CONTACT). inspection, by appointment, during exposure to a factor, but no response, or normal business hours at the Carlsbad Authority only a positive response, that factor is Fish and Wildlife Office, U.S. Fish and Wildlife Service, 6010 Hidden Valley not a threat. If there is exposure and the The authority for this action is the species responds negatively, the factor Road, Suite 101, Carlsbad, CA 92011. Endangered Species Act of 1973, as Please submit any new information, may be a threat and we then attempt to amended (16 U.S.C. 1531 et seq.). determine how significant a threat it is. materials, comments, or questions If the threat is significant, it may drive Dated: April 4, 2011. concerning this finding to the above or contribute to the risk of extinction of Rowan W. Gould, internet address or the mailing address the species such that the species may Acting Director, U.S. Fish and Wildlife listed under FOR FURTHER INFORMATION warrant listing as threatened or Service. CONTACT. endangered as those terms are defined [FR Doc. 2011–9089 Filed 4–13–11; 8:45 am] FOR FURTHER INFORMATION CONTACT: Jim by the Act. This does not necessarily BILLING CODE 4310–55–P Bartel, Field Supervisor, Carlsbad Fish

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and Wildlife Office, U.S. Fish and 2006, Federal Register finding (71 FR allozyme data presented by Pratt and Wildlife Service, 6010 Hidden Valley 44966). Wright (2002, p. 223); although these Road, Suite 101, Carlsbad, CA 92011; by On March 17, 2009, CBD and David authors did not recommend separate telephone at 760–431–9440; or by Hogan filed a complaint for declaratory genus or subgenus placement (Pratt and facsimile at 760–431–9624. If you use a and injunctive relief challenging the Wright 2002, p. 225). The broadly based telecommunications device for the deaf Service’s decision not to list Hermes morphological assessment of Miller and (TDD), please call the Federal copper butterfly as endangered or Brown (1979) coupled with the more Information Relay Service (FIRS) at threatened under the Act. In a recent allozyme work of Pratt and 800–877–8339. settlement agreement dated October 23, Wright (2002) support recognition of SUPPLEMENTARY INFORMATION: 2009, (Case No. 09–0533 S.D. Cal.), the Hermes copper butterfly as a distinct Service agreed to submit a new 90-day genus; however, Lycaena hermes is the Background petition finding to the Federal Register name predominantly used in recent Section 4(b)(3)(B) of the Act (16 by May 13, 2010, for Hermes copper literature (Scott 1986, p. 392; Faulkner U.S.C. 1531 et seq.) requires that, for butterfly. As part of the settlement and Brown 1993, p. 120; Emmel 1998, any petition to revise the Federal Lists agreement, we agreed to evaluate the p. 832; Opler and Warren 2005, p. 22), of Threatened and Endangered Wildlife October 25, 2004, petition filed by CBD and we recognize it as such for the and Plants that contains substantial and David Hogan, supporting purposes of this finding. Any data or scientific or commercial information information submitted with the petition, information relevant to the taxonomic that listing a species may be warranted, and information available in the status of Hermes copper butterfly will we make a finding within 12 months of Service’s files, including information be fully addressed in any proposed rule, the date of receipt of the petition. In this that has become available since the and as such will be available for public finding, we determine whether the August 8, 2006, publication of the comment. However, there is no question petitioned action is: (a) Not warranted, negative 90-day finding (71 FR 44966). that as a unique species, Hermes copper (b) warranted, or (c) warranted, but If the 90-day finding determined that butterfly is a listable entity under the immediate proposal of a regulation listing may be warranted, we agreed to Act. implementing the petitioned action is submit a 12-month finding for Hermes Hermes copper butterfly is a small, precluded by other pending proposals to copper butterfly to the Federal Register brightly-colored butterfly approximately determine whether species are by April 15, 2011. 1 to 1.25 inches (2.5 to 3.2 centimeters endangered or threatened, and On May 4, 2010, we published a (cm)) in length, with one tail on the expeditious progress is being made to 90-day finding in the Federal Register hindwing. On the upperside, the add or remove qualified species from (75 FR 23654) that determined listing of forewing is brown with a yellow or the Federal Lists of Endangered and Hermes copper butterfly as endangered orange area enclosing several black Threatened Wildlife and Plants. Section or threatened may be warranted. This spots, and the hindwing has orange 4(b)(3)(C) of the Act requires that we notice constitutes the 12-month finding spots that may be merged into a band treat a petition for which the requested on the October 25, 2004, petition to list along the margin. On the underside, the action is found to be warranted but Hermes copper butterfly as endangered. forewing is yellow with four to six black precluded as though resubmitted on the spots, and the hindwing is bright yellow Species Information date of such finding, that is, requiring a with three to six black spots (USGS subsequent finding to be made within It is our intent to discuss only those 2006). Mean last instar (period between 12 months. We must publish these 12- topics directly relevant to the listing of molts) larval body length is 0.6 inches month findings in the Federal Register. Hermes copper butterfly under the Act (in) (15 millimeters (mm)) (Ballmer and in this 12-month finding. For more Pratt 1988, p. 4). Emmel and Emmel Previous Federal Actions information on the taxonomy, biology, (1973, pp. 62, 63) provide a full On October 26, 2004, we received a and ecology of Hermes copper butterfly, description of the early stages of the petition dated October 25, 2004, from please refer to the 90-day finding species (eggs, larvae, and pupae). the Center for Biological Diversity (CBD) published in the Federal Register on and David Hogan, requesting that May 4, 2010 (75 FR 23654). That Biology Hermes copper butterfly be listed as document is available on the Internet at Females deposit single eggs on endangered under the Act and that http://www.regulations.gov under Rhamnus crocea (spiny redberry) in the critical habitat be designated. Included docket number FWS–R8–ES–2010– early summer, often where a branch in the petition was supporting 0031. splits or on a leaf (Marschalek and information regarding the species’ Deutschman 2009, p. 401). Eggs taxonomy, biology, ecology, historical Taxonomy and Species Description overwinter, with larvae reported from and current distribution, status of Hermes copper butterfly was first mid-April to mid-May (Marschalek and population, and actual and potential described as Chrysophanus hermes by Deutschman 2009, p. 400) followed by threats affecting the species and its Edwards (1870, p. 21). Scudder (1876, pupation on the host plant (Emmel and habitat. p. 125) placed this species in the genus Emmel 1973, p. 63). Not much is known On August 8, 2006, we published a Tharsalea based on the presence of regarding larval biology, as this life 90-day finding for Hermes copper hindwing tails. Freeman (1936, p. 279) stage is little-studied and extremely butterfly in the Federal Register (71 FR placed Hermes copper butterfly in the difficult to find in the field (Marschalek 44966). The finding concluded that the genus Lycaena as L. hermes based on and Deutschman 2009, pp. 400, 401). petition and information in our files did the assessment of the male genetalia, Hermes copper butterflies have one not present substantial scientific or finding that L. hermes was distinctly a flight period (termed univoltine) commercial information indicating that lycaenid and not typical of the other typically occurring in mid-May to early listing Hermes copper butterfly may be taxa of Tharsalea. Miller and Brown July, depending on weather conditions warranted. For a detailed history of (1979, p. 22) erected a monotypic genus and elevation (Marschalek and Federal actions involving Hermes to accommodate Hermes copper Deutschman 2008, p. 100; Marschalek copper butterfly prior to the 2006 butterfly as Hermelycaena hermes. This and Klein 2010, p. 5). Emergence 90-day finding, please see the August 8, segregation appears to be supported by appears to be influenced by weather;

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however this relationship is not well studies that suggest most individuals Hermes copper butterflies exhibit a understood. For example, weather move less than 656 ft (200 m) preference for micro-sites within stands conditions in the spring of 2010 were (Marschalek and Deutschman 2008, p. of Rhamnus crocea, which may be cool and moist and resulted in a late 102; Marschalek and Klein 2010, p. 7). related to temperature because adults emergence; however, the spring of 2006 Deutschman et al. (2010, p. 16) noted become active around 72 degrees was hot and dry and also resulted in a the majority of genetically similar Fahrenheit (°F) (22 degrees Celsius (°C)) late emergence period (Deutschman et individuals were territorial males, so it (Marschalek and Deutschman 2008, p. al. 2010, p. 4). We have no information is possible Hermes copper butterfly 5). Marschalek and Deutschman (2008, regarding the ability of immature life exhibits sex-biased long-distance p. 3) recorded densities of Hermes stages to undergo multiple-year dispersal by females, as has been noted copper butterflies on paired transects diapause (a low metabolic rate resting for other lycaenids (Robbins and Small along edges and within the interior of stage) during years with poor conditions 1981, pp. 312–313). In general, Hermes host plant stands in rural areas. Their (Deutschman et al. 2010, p. 4). Multiple copper butterflies have limited directed study indicates that Hermes copper year diapause is rare and can occur in movement ability (Marschalek and butterfly densities are significantly stages more advanced than the egg, such Klein 2010, p. 1), though lyceanids can higher near host plant stand edges than as pupae or larvae, after larvae have fed be dispersed by the wind (Robbins and in the interior (Marschalek and and accumulated energy reserves Small 1981 p. 312). Deutschman et al. Deutschman 2008, p. 102). Adult males (Gullan and Cranston 2010, p. 169, (2010, p. 16) analysis also showed the have a strong preference for openings in Service 2003, p. 8); it is less likely to genetic composition of individuals at the vegetation, including roads and occur with Hermes copper butterflies any location exhibited a high degree of trails, specifically for the north and west because they overwinter (diapause) as temporal variability, possibly due to sides of canopy openings (Marschalek eggs. biotic (drift, dispersal) and abiotic and Deutschman 2008, p. 102). These Deutschman et al. (2010, p. 8) used (landscape, fire regime) influences. areas capture the first morning light and reach the temperature threshold for 145 Amplified Fragment Length Habitat Polymorphism (AFLP) markers to activity more quickly than other areas estimate fundamental Hermes copper Hermes copper butterfly inhabits (Deutschman et al. 2010, p. 4). Hermes butterfly population genetic parameters coastal sage scrub and southern mixed copper butterflies tend to remain (i.e., polymorphism, expected chaparral (Marschalek and Deutschman inactive under conditions of heavy heterozygosity, FST values, and private 2008, p. 98). Hermes copper butterfly cloud cover and cooler weather alleles) that allowed them to evaluate larvae use only Rhamnus crocea as a (Marschalek and Deutschman 2008, the magnitude of genetic differentiation host plant (Thorne 1963, p. 143; Emmel p. 5). Across all four sites sampled by within and among sampled populations, and Emmel 1973, p. 62). The range of Marschalek and Deutschman, Hermes an indicator of dispersal ability (gene R. crocea extends throughout coastal copper butterfly presence was positively flow). The AFLP process was able to northern California, as far north as San associated with Eriogonum detect genetic differences among Francisco (Consortium of California fasciculatum, but negatively associated individuals, even those captured within Herbaria 2010); however, Hermes with Adenostema fasciculatum several meters of each other. copper butterfly has never been (chamise) (Marschalek and Deutschman Deutschman et al. (2010, pp. 8–17) documented north of San Diego County 2008, p. 102). Therefore, woody canopy indicated that butterflies can show (Carlsbad Fish and Wildlife Office openings with a northern exposure in differentiation even when close in (CFWO) GIS database). Therefore, some stands of R. crocea and adjacent stands proximity, presumably due to physical factor other than host plant availability of Eriogonum fasciculatum appear to be barriers. Alternately, butterflies sampled apparently has historically limited or components of suitable habitat for at locations that are not close have currently limits the range of the species. Hermes copper butterfly. shown little differentiation, indicating Researchers report adults are rarely Marschalek and Klein (2010) studied that butterflies can also disperse long found far from R. crocea (Thorne 1963, intra-habitat movement of Hermes distances under the right conditions. p. 143) and take nectar almost copper butterflies using mark-release- Deutschman et al. (2010, pp. 8–17) exclusively from Eriogonum recapture techniques. They found the sampled at one location (Wildwood fasciculatum (California buckwheat) highest median dispersal distance for a Glen) before and after a fire and found (Marschalek and Deutschman 2008, p. given site in a given year was 146 ft genetically differentiated groups, 5). The densities of host plants and (44.5 m), and their maximum recapture indicating that Hermes copper butterfly nectar sources required to support a distance was 0.7 miles (mi) (1.1 individuals are capable of movement Hermes copper population are not kilometers (km)) (Marschalek and Klein between populations. Landscape known. Recent research has not added 2010, p. 1). They also found no adult features may enhance or restrict much to Thorne’s (1963, p. 143) basic movement across non-habitat areas, dispersal which overall, may have description of Hermes copper butterfly such as type-converted grassland or several implications regarding habitat: ‘‘It is very difficult to analyze riparian woodland (Marschalek and population structure and dynamics the complex factors which determine Klein 2010, p. 6). Hermes copper (Deutschman et al. 2010, p. 16). Genetic why a certain plant has been successful butterfly is typically relatively sedentary differentiation of individuals from in a given spot * * * In the case of (Marschalek and Klein 2010, p. 1), proximal locations could be a result of Rhamnus crocea, the only consistent although winds may aid dispersal dispersal barriers, genetic drift, original requirement seems to be a well-drained (Robbins and Small 1981, p. 312). colonizers, or a combination of factors soil of better than average depth, yet not Studies to date infer that most (Deutschman et al. 2010, p. 16). The deep enough to support trees. Such soils individuals typically move less than 656 genetic similarity of widely occur along canyon bottoms and on ft. (200 m) (Marschalek and Deutschman geographically separate sample hillsides with a northern exposure; 2008, p. 102, Marschalek and Klein locations indicates that recolonization therefore, it is in these situations that 2010, pp. 725–726), supporting the events by females occur at much further [Hermes copper butterfly] is generally assumption that Hermes copper distances than implied by previous found.’’ butterflies are typically sedentary

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compared to other butterfly species such labeled ‘‘12 miles north of Ensenada,’’ To more precisely determine the as painted ladies—(Vanessa cardui). and another collected in 1983 was historical range of Hermes copper However, as discussed above, genetic labeled ‘‘Salsipuedes’’ (Marschalek and butterfly, we entered all Hermes copper research indicates that females may Klein 2010, p. 4). Assuming older butterfly observation records that had disperse longer distances than males specimens were usually collected information about collection location in (Deutschman et al. 2010, p. 16) relatively close to roads that existed at our GIS database, and mapped all contradicting previous methods used the time (Thorne 1963, p. 145), these observed and museum specimen records such as mark-release-recapture Mexican locations probably were with an appropriate level of detail and (Marschalek and Deutschman 2008, p. collected from approximately the same location description. To better 102) that may not detect the movement location, which is a popular surf determine the geographic locations of of females and over sample territorial destination known as Salsipuedes, historical Hermes copper butterfly males. More information is needed to located approximately 12 mi (19 km) records mapped by Thorne (1963, p. fully understand movement patterns of north of Ensenada off the Esconica 147), we overlaid a transparent image of Hermes copper butterfly; however, Tijuana-Ensenada (coastal highway to his map on Google Earth imagery, and dispersal is likely inhibited by lack of Ensenada). The known distribution in available habitat in many areas Mexico of Rhamnus crocea is relatively scaled it appropriately to ensure that (Deutschman et al. 2010, p. 17). contiguous with that in the U.S., geographic features and community extending to approximately 190 mi (312 locations corresponded with those of Range and Population Distribution km) south of the border into Mexico the imagery. Examination of Thorne’s Status along the western Baja California (1963 p. 147) map expanded the known Hermes copper butterfly is endemic to Peninsula (Little 1976, p. 150). Hermes historical range as described by the southern California region, primarily copper butterflies have been recorded as Deutschman et al. (2010, p. 3) to the occurring in San Diego County, far south into Mexico as 18 mi ( southeast in the vicinity of the California (Thorne 1963, p. 143). All 29 km) south of Santo Tomas, which is community of Pine Valley and Corte records of Hermes copper butterflies in approximately half the distance of the Madera Valley. The resulting known the United States are within San Diego extent of Rhamus crocea’s Mexican historical range of Hermes copper County, with most occurrences range; (Thorne 1963, p. 143). As stated butterfly within the United States can be concentrated in the southwest portion of in our 2006, 90-day finding (71 FR described as comprised of a narrow the County (Marschalek and Klein 2010, 44969; August 8, 2006), there have been northern portion within the Central p. 4). Notable exceptions to the recent discoveries (post-1993) of extant Valley and Central Coast ecoregions, ‘‘southwestern distribution pattern’’ are populations within the species’ known north of Los Penasquitos Canyon and two old museum specimens collected in historical range in the United States. Scripps Poway Parkway (latitude north San Diego County, one from the These include Black Mountain, midway between the northernmost vicinity of the community of Bonsall in Crestridge and two populations on the record location and the international 1934, and another from the vicinity of San Diego National Wildlife Refuge. border), and a wider southern portion the community of Pala in 1932. However, there is still uncertainty as to encompassing the Southern Coast, Historical data indicate Hermes copper the distribution of Hermes copper Southern Valley, and Southern Foothills butterflies ranged from the vicinity of butterfly within the known historical ecoregions (see Figure 1 and Table 1 the community of Pala, California, in range because we have very little below; San Diego County Plant Atlas northern San Diego County (CFWO GIS information on the status of the species 2010). Although the distribution of database) to approximately 18 mi (29 in Mexico. Hermes copper butterfly populations in km) south of Santo Tomas in Baja A species’ range can be defined at California, Mexico, and from Pine varying relevant scales of resolution, Mexico is not well understood, United Valley in eastern San Diego County to from maximum geographic range States populations minimally Mira Mesa, Kearny Mesa, and Otay capturing all areas within the outermost encompass half the species’ known Mesa in western San Diego County record locations (coarsest scale, historical latitudinal range. The results (Thorne 1963, pp. 143, 147). They have hereafter called ‘‘known historical of our population distribution analysis never been recorded immediately range’’), to the scale of individual indicate areas in the United States most adjacent to the coast, and have not been population distributions (finest scale, likely to harbor possible extant found east of the western slopes of the hereafter called ‘‘population undiscovered Hermes copper butterfly Cuyamaca Mountains above distributions’’). This concept was populations within the known historical approximately 4,264 ft (1,300 m) discussed by Thorne (1963, p. 143): range are primarily limited to a (Marschalek and Klein 2010, p. 4). ‘‘However within this range [Hermes relatively narrow area within the The distribution of Hermes copper copper butterfly] distribution is limited southern portion of the range bordered butterfly in Mexico is not well-known to pockets where the larval food plant on the north and south by the 2003 and researchers have not explored this occurs, so that the total area where the Cedar Fire and 2007 Harris Fire area (Marschalek and Klein 2010, p. 4). insect actually flies is probably not more perimeters, and on the west and east Of the two museum specimens from than a fraction of one percent of the roughly by Sycuan Peak and Long Mexico, one collected in 1936 was maximum area.’’ Valley (see Figure 1 and Table 1 below).

TABLE 1—ALL KNOWN HERMES COPPER BUTTERFLY POPULATIONS IN THE UNITED STATES AND MEXICO

Last Extant in Map No. Population name (other names) observed Presumed status 2000 * Fire Extirpated why?

1 ...... Elfin Forest (Onyx Ridge)...... 2002 ...... Unknown ...... Y 2007 2 ...... Rancho Santa Fe (Del Dios) ...... 2004 ...... Extirpated ...... Y 2007 Fire, Development. 3 ...... Black Mountain ...... 2004 ...... Unknown ...... Y 4 ...... Van Dam Peak (Meadowbrook) ..... 2003 ...... Extirpated ...... Y ...... Isolation (Development). 5 ...... Lopez Canyon ...... 2008 ...... Extant ...... Y

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TABLE 1—ALL KNOWN HERMES COPPER BUTTERFLY POPULATIONS IN THE UNITED STATES AND MEXICO—Continued

Last Extant in Map No. Population name (other names) observed Presumed status 2000 * Fire Extirpated why?

6 ...... Sycamore Canyon ...... 2003 ...... Extirpated ...... Y 2003 Fire. 7 ...... North Santee (Fanita Ranch) ...... 2005 ...... Unknown ...... Y 2003 8 ...... Mission Trails (Mission Gorge, Mis- 2010 ...... Extant ...... Y 2003 sion Dam). 9 ...... Crestridge ...... 2007 ...... Extirpated *** .... Y 2003 Fire. 10 ...... Anderson Truck Trail ...... 2003 ...... Extirpated ...... Y 2003 Fire. 11 ...... Alpine (Wright’s Field) ...... 2010 ...... Extant ...... Y 12 ...... North McGinty Mountain ...... 2010 ...... Extant ...... Y 13 ...... South McGinty Mountain ...... 2010 ...... Extant ...... Y 14 ...... Los Montanas ...... 2010 ...... Extant ...... Y 15 ...... Rancho San Diego ...... 2009 ...... Extant ...... Y 2007 16 ...... San Miguel Mountain ...... 2006 ...... Extirpated ...... Y 2007 Fire. 17 ...... Rancho Jamul ...... 2007 ...... Extirpated ...... Y 2003, 2007 Fire. 18 ...... North Jamul ...... 2004 ...... Unknown ...... Y 2003 19 ...... East McGinty Mountain ...... 2001 ...... Unknown ...... Y 20 ...... Loveland Reservoir ...... 2010 ...... Extant ...... Y 21 ...... Sycuan Peak ...... 2010 ...... Extant ...... Y 22 ...... Skyline Truck Trail (Lawson Valley) 2010 ...... Extant ...... Y 23 ...... Lyons Peak ...... 2003 ...... Unknown ...... Y 2007 24 ...... Hollenbeck Canyon ...... 2007 ...... Extirpated ...... Y 2003, 2007 Fire. 25 ...... Dulzura (Near Marron Valley Road) 2005 ...... Extirpated ...... Y 2003, 2007 Fire. 26 ...... Lawson Valley (Lawson Peak) ...... 2010 ...... Extant ...... Y 2006, 2007 27 ...... Hidden Glen (Japutal Valley, Lyons 2008 ...... Extant ...... Y Valley Road). 28 ...... Willows (Viejas Grade Road) ...... 2003 ...... Extirpated ...... Y 2003 Fire. 29 ...... North Guatay Mountain ...... 2004 ...... Unknown ...... Y 2003 30 ...... North Descanso (Wildwood Glen, 2010 ...... Extant ...... Y 2003 Descanso). 31 ...... South Descanso (Roberts Ranch) .. 2010 ...... Extant ...... Y 2003 32 ...... Japutal (Japutal Valley) ...... 2009 ...... Extant ...... Y 33 ...... South Guatay Mountain ...... 2008 ...... Extant ...... Y 34 ...... Hartley Peak (Portrero) ...... 2010 ...... Extant ...... Y 2007 35 ...... Pala ...... 1932 ...... Extirpated ...... Unknown. 36 ...... Bonsall ...... 1934 ...... Extirpated ...... Unknown. 37 ...... San Elijo Hills (San Marcos Creek, 1979 ...... Extirpated ...... Development. San Elijo Road and Questhaven Road). 38 ...... Lake Hodges ...... 1982 ...... Extirpated ...... 2007 Fire. 39 ...... Sabre Springs (Poway Road and 2001 ...... Extirpated ...... Y ...... Development. 395). 40 ...... Miramar ...... 1996 ...... Extirpated ...... Development. 41 ...... Mira Mesa ...... Prior to 1963 ..... Extirpated ...... Development. 42 ...... Cowles Mountain (Big Rock Road 1973 ...... Extirpated ...... Isolation. Park). 43 ...... Kearny Mesa ...... 1939 ...... Extirpated ...... Development. 44 ...... Mission Valley (Fairmont Canyon, 1908 ...... Extirpated ...... Development. Canyons near Mission Valley). 45 ...... San Diego State University (San 1957 ...... Extirpated ...... Development. Diego State College). 46 ...... El Monte (El Monte Park, El Monte 1960 ...... Extirpated ...... Fire, Development. Road). 47 ...... Pine Valley ...... Pre-1963 ...... Unknown. 48 ...... Corte Madera ...... Pre-1963 ...... Unknown. 49 ...... Tecate Peak ...... 1980 ...... Extirpated ...... 2007 Fire. 50 ...... Deerhorn Valley ...... 1970 ...... Extirpated ...... 2007 Fire. 51 ...... Dictionary Hill ...... 1962 ...... Extirpated ...... Isolation (Development). 52 ...... Otay Mountain (Little Cedar Can- 1979 ...... Extirpated ...... 2003, 2007 Fire. yon, Otay foothill). 53 ...... South Otay Mesa ...... Pre-1920 ...... Extirpated ...... Development. 54 ...... Salsipuedes (12 miles North of En- 1983 ...... Unknown. senada) **. 55 ...... Santo Tomas (18 miles south of Pre-1920 ...... Unknown. Santo Tomas) **. 56 ...... South Santee ...... 1967 ...... Extirpated ...... Development. 57 ...... North Ensenada (Bajamar) ** ...... 1936 ...... Unknown. * Populations with last observation prior to 2000 have lower geographic accuracy. ** Map Nos. 54, 55, and 57 are populations in Mexico that are not represented on Figure 1 in this document. *** Extirpation was a result of high mortality from fire, followed by reduced population density. Only one male was observed in 2007, and none after that.

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To evaluate the status of Hermes indicated the possibility of barriers to 57 known separate historical copper butterfly’s current range and movement. We used recent fire footprint populations throughout the species’ populations, we considered all available data and aerial GIS information, in range since the species was first historical data and recent research addition to the information referenced described. In the year 2000, 35 results, including record locations above, to determine which Hermes populations were thought to be extant. (CFWO GIS databases), monitoring data, copper butterfly populations may be Since that time, 11 populations have (Marschalek and Deutschman 2008; extant, extirpated, or of unknown status. been extirpated (2 by development, 1 by Marschalek and Klein 2010), movement A Hermes copper population was fire and development, 8 by fire alone) data (Marschalek and Deutschman 2009; considered to be ‘‘extant’’ if the species and 7 are of unknown status. As of Marschalek and Klein 2010), and data was recorded based on recent survey 2011, of the 57 known populations, 17 from a recent distribution study records and not affected by recent fires. Hermes copper butterfly populations are (Deutschman et al. 2010). To estimate A Hermes copper population was extant, 28 populations are believed to the geographic population distribution considered to be extirpated if the area have been extirpated, and 12 of Hermes copper butterfly, we used all had been developed and no habitat populations are of unknown status. In occurrence records and mapped areas remained, a fire footprint encompassed the northern portion of the range, most within approximately 0.6 mi (1 km) of the area and subsequent surveys were remaining suitable habitat is limited to known observation sites. This distance negative, or if the record was very old the relatively isolated and fragmented is greater than the average recapture with no recent detections. In some undeveloped lands between the cities of distance recorded by Marschalek and instances, we had no recent information San Marcos, Carlsbad, and Escondido Klein (2010, p. 1), but just under the to make a determination on Hermes and the community of Rancho Santa Fe, maximum recorded recapture distance, copper butterfly’s current status and it and the habitat ‘‘islands’’ containing the an approximate within-population was therefore classified as ‘‘unknown.’’ Black Mountain and Van Dam Peak movement distance further supported See Figure 1 and Table 1 above for a list observation locations; however, no new by Deutschman et al.’s (2010, p. 26) of populations and information used to populations have been discovered. In genetic data (see Habitat section above). determine population status. the southern portion of the range, all Locations within approximately 1.2 mi In summarizing the results of our extant populations except Lopez (2 km) (where 0.6 mi (1 km) movement analysis of Hermes copper butterfly’s Canyon and the southern portion of distances overlapped) were considered current range and population Mission Trails Park (both isolated from part of the same population, unless distributions (see Figure 1 and Table 1 other extant populations by topographic or genetic information above), we estimated there were at least development and fire) are within

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relatively well-connected undeveloped factors, we look beyond the species’ all that remains of what was once a lands east of the City of El Cajon exposure to a potential threat or wider distribution, encompassing the between the 2003 Cedar Fire and 2007 aggregation of threats under any of the community of Mira Mesa and the Harris Fire perimeters (see Figure 1 and factors, and evaluate whether the western portion of Miramar Naval Air Table 1 above). The Mission Trails Park species responds to those potential Station (per Thorne’s 1963 map, p. 147). population remains extant even after threats in a way that causes actual Although a significant amount of approximately 74 percent of the impact to the species. The identification habitat has been lost due to population area burned in 2003, of threats that might impact a species development throughout the range of presumably because burned areas were negatively is not sufficient to compel a Hermes copper butterfly within the recolonized (after host plant and nectar finding that the species warrants listing. United States, the remaining currently sources regrew) by Hermes copper The information must include evidence occupied population areas are protected butterflies from nearby unburned areas. indicating that the threats are operative from destruction by development due to The best information available leads us and, either singly or in aggregation, their presence on federally owned to conclude that the northern portion of affect the status of the species. Threats lands, on lands conserved under the species’ known historical range has are significant if they drive, or regional habitat conservation plans, or contracted or may no longer exist, and contribute to, the risk of extinction of on lands subject to local resource we estimate that approximately 27 the species, such that the species protection ordinances in San Diego percent of the populations within the warrants listing as endangered or County (approximately 66 percent of the southern portion of the species’ known threatened, as those terms are defined in total area currently occupied by Hermes historical U.S. range that were extant in the Act. copper butterfly populations occurs on 2000 have been extirpated (see Figure 1 Factor A. The Present or Threatened federal and non-federal conserved and Table 1 above; Map #s 6, 9, 10, 16, Destruction, Modification, or lands; see Figure 1 above) and the 17, 24, 25, 28). Further investigation is Curtailment of Its Habitat or Range remaining 34 percent of occupied needed to accurately determine the habitat occurs on lands subject to local status of Hermes copper butterfly in Here we describe the primary threats that result in Hermes copper butterfly resource protection ordinances in San Mexico (Marschalek and Klein 2010, Diego County. Our GIS analysis p. 2). Klein (2010a, p. 1) visited the habitat destruction and modification, describe how those threats interact to indicates that of the total conserved area Salsipuedes location in the first week of discussed above (66 percent of all June 2005 for approximately 30 cause long-term or permanent range curtailment, and provide an assessment occupied areas), approximately 27 minutes. He did not observe any Hermes percent (encompassing portions of 10 copper butterflies; however, he of the likelihood of those threats continuing into the foreseeable future. populations) is located within described the habitat as having a established regional habitat ‘‘decent number of [Rhamnus crocea], a Development conservation plan preserve lands (see large amount of Eriogonum The current distribution of Hermes Factor D San Diego Multiple Species fasciculatum,’’ and said he felt the area copper butterfly habitat in San Diego Conservation Program (MSCP) was ‘‘very good’’ for Hermes copper County is largely due to previous urban discussion below), approximately 38 butterfly (Klein 2010, p. 1). development within coastal and interior percent (encompassing portions of 7 Summary of Information Pertaining to San Diego County which resulted in the populations) falls within U.S. Forest Five Factors loss and fragmentation of Hermes Service lands, and approximately 1 copper butterfly habitat (CalFlora 2010; percent (encompassing portions of 3 Section 4 of the Act (16 U.S.C. 1533) Consortium of California Herbaria 2010; populations) falls within Bureau of and implementing regulations (50 CFR San Diego Plant Atlas 2010). Of the 28 Land Management (BLM) land. These part 424) set forth procedures for adding known extirpated Hermes copper lands are therefore afforded protection species to, removing species from, or butterfly populations, loss and from development. Additionally, as reclassifying species on the Federal fragmentation of habitat as a result of described in Factor D below, the County Lists of Endangered and Threatened development has contributed to the of San Diego now has in place two Wildlife and Plants. Under section extirpation of 14 populations (50 ordinances that restrict new 4(a)(1) of the Act, a species may be percent) (see Background section above development or other proposed projects determined to be endangered or and, Table 1 above, and Factor E within sensitive habitats. The Biological threatened based on any of the discussion below). Since the year 2000, Mitigation Ordinance of the County of following five factors: occupied habitats containing Hermes San Diego Subarea Plan (County of San (A) The present or threatened copper butterfly’s host plant, Rhamnus Diego, 1998b, Ord. Nos. 8845, 9246) destruction, modification, or crocea, in Rancho Santa Fe and Sabre regulates development within coastal curtailment of its habitat or range; (B) Overutilization for commercial, Springs were lost due to urban sage scrub and mixed chaparral habitats recreational, scientific, or educational development. In the City of San Marcos, that currently support portions of 10 purposes; one R. crocea stand near Jacks Pond was extant Hermes copper butterfly (C) Disease or predation; lost to development (Anderson 2010a, populations on non-Federal land within (D) The inadequacy of existing pp. 1, 2) and another R. crocea stand the boundaries of the County’s MSCP regulatory mechanisms; or was significantly reduced in the vicinity subarea plan. The County of San Diego (E) Other natural or manmade factors of Palomar College (Anderson 2010b, Resource Protection Ordinance (County affecting its continued existence. pp. 1, 2). The R. crocea stand in Lopez of San Diego 2007) restricts In making this finding, information Canyon is currently found within a development within coastal sage scrub pertaining to Hermes copper butterfly in relatively small preserve (roughly and mixed chaparral habitats that relation to the five factors provided in rectangular area 0.4 mi (0.6 km) by 0.5 currently support all extant Hermes section 4(a)(1) of the Act is discussed mi (0.8 km)) that is contiguous with copper butterfly populations on non- below. suitable Hermes copper butterfly habitat Federal lands throughout the county. In considering whether a species in Del Mar Mesa where development is These ordinances provide some warrants listing under any of the five ongoing. This stand of R. crocea is likely regulatory measures of protection for the

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remaining 34 percent of extant Hermes periodically impacted by megafires that fires and are resilient to frequent burns copper butterfly habitat throughout the are generally driven by extreme ‘‘Santa (Keeley 1998, p. 258). Additionally, species occupied range. Although past Ana’’ weather conditions of high although Keeley and Fotheringham development in occupied Hermes temperatures, low humidity, and strong (2003, p. 244) indicated that continued copper butterfly habitat resulted in a erratic winds (Keeley and Zedler 2009, habitat disturbance, such as fire, will substantial number of extirpations of p. 90). The primary difference between result in conversion of native Hermes copper butterfly populations, the current fire regime and historical shrublands to nonnative grasslands, restrictions are in place to limit fire regimes in southern California is Keeley (2004, p. 7) also noted that development and the corresponding that human-induced or anthropogenic invasive, nonnative plants will not destruction and modification of Hermes ignitions have increased the frequency typically displace obligate resprouting copper butterfly habitat in the future. of fires, and in particular, megafires, far plant species in mesic shrublands that Therefore, we do not believe future above historical levels. While this burn once every 10 years. Therefore, development alone will significantly change may not have demonstrably because R. crocea is an obligate reduce or fragment remaining Hermes affected the nectar sources of Hermes resprouter, it will likely recover in those copper butterfly habitat on non-federal copper butterfly in San Diego County, areas that retain this burn frequency. lands. However, as discussed below especially within chaparral (Franklin et Specific information regarding Hermes under ‘‘Habitat Fragmentation,’’ we al. 2004, p. 701), frequent fires open up copper butterfly’s primary nectar source believe that the combined impacts of the landscape, particularly coastal sage (Eriogonum fasciculatum (California existing development, limited future scrub, making the habitat more buckwheat)) is less understood. small-scale development, existing vulnerable to invasive, nonnative plants Eriogonum fasciculatum is a facultative dispersal barriers, and megafires could (Keeley et al. 2005, p. 2117). However seeder and high proportions of this further fragment Hermes copper the primary concern with frequent nectar source are likely killed by fire, butterfly habitat and threaten the megafires is the Hermes copper butterfly and densities are reduced the following species. Within U.S. Forest Service mortality associated with these year within burned areas (Zedler et al. lands, we anticipate that future extensive and intense events (see Factor 1983, p. 814); however, E. fasciculatum development, if any, will be limited, E discussion below) which precludes does show minimal resprouting and the Forest Service has incorporated recolonization of burned areas by capability (approximately 10 percent) if measures to address threats to Hermes Hermes copper butterfly. individuals are young (Keeley 2006, p. copper butterfly and its habitat as it The significance of this concern can 375). The extent of invasion of implements specific activities within be seen in the current distribution of the nonnative plants and type conversion in forest lands (see Factor D below for species in southern California. Analysis areas specifically inhabited by Hermes additional discussion). The very limited of GIS information indicates copper butterfly are unknown. However, number of Hermes copper butterfly approximately 66 percent of the extant information clearly indicates that populations within BLM lands are occurrences are found within the wildfire results in at least temporary unlikely to face future development footprint of the 1970 Laguna Fire, which reductions in suitable habitat for pressure. Therefore, we conclude that Minnich and Chou (1997, p. 240) Hermes copper butterfly and may result Hermes copper butterfly is not currently reported last burned in 1920. In in lower densities of E. fasciculatum threatened by habitat loss due to future contrast, the areas north and south of (Zedler et al. 1983, p. 814; Keeley 2006, development alone. the extant Hermes copper butterfly p. 375; Marschalek and Klein 2010, p. occurrences reburned several times 728). In areas where R. crocea is capable Wildfire between 2001 and 2007 (Keeley et al. of resprouting, the quantity of E. The historical fire regime in southern 2009, pp. 287, 293). We examined maps fasciculatum nectar source necessary to California likely was characterized by of current high fire threat areas in San support a persisting Hermes copper many small lightning-ignited fires in the Diego County based on recent reports by butterfly population may be temporarily summer and a few, infrequent large fires the Forest Area Safety Task Force (Jones unavailable due to recent fire impacts. in the fall of varying fire intensity 2008, p. 1; SANDAG 2010, p. 1). Areas If areas are repeatedly burned, E. (Keeley and Fotheringham 2003, p. 242– identified as most vulnerable include all fasciculatum will not have the time 243). These infrequent, large, high- occupied and potentially occupied necessary to become reestablished, intensity wildfires, so-called ‘‘megafires’’ Hermes copper butterfly habitats in San rendering the habitat unsuitable for (greater than 123,553 ac (50,000 ha) in Diego County within the species’ known Hermes copper butterfly (Marschalek size), burned the landscape long before historical range, with the exception of and Klein 2010, p. 728). Increased fire Europeans settled the Pacific coast Black Mountain, Van Dam Peak, Lopez frequency may also pose a threat to (Keeley and Zedler 2009, p. 90). As Canyon, and the unburned southern Hermes copper butterfly through loss of such, modern fire regimes in southern portion of Mission Trails Park. In light host plant and nectar source habitat, California ‘‘have much in common with of the recent spate of drought- and fire management plans are not historical regimes’’ (Keeley and Zedler influenced wildfires in southern expected to provide protection from 2009, p. 69). While some researchers California, especially the 2007 fires, a megafires such as those that occurred in claim that the fire regime of chaparral future megafire affecting most or all of 2003 and 2007. Based on the above, we growing in adjacent Baja California is the area burned by the Laguna Fire in consider wildfire, specifically megafires not affected by megafires due to a lack 1970 (40-year chaparral) is likely to that encompass vast areas and are of fire suppression activities (cf. occur and would pose a significant increasing in frequency, a significant Minnich and Chou 1997, Minnich threat to Hermes copper butterfly in the threat to Hermes copper butterfly. 2001), Keeley and Zedler (2009, p. 86) United States because it would believe that the fire regime in Baja encompass the majority of extant Habitat Fragmentation California similarly consists of ‘‘small populations (see Factor E below for Habitat fragmentation can result in fires punctuated at periodic intervals by direct mortality effects discussion). smaller, more vulnerable Hermes copper large fire events.’’ The current fire As described in our August 8, 2006, butterfly populations (see Factor E regime in southern California consists of 90-day finding (71 FR 44966), Rhamnus discussion below). The presence of numerous small fires that are crocea are ‘‘obligate resprouters’’ after suitable habitat on which Hermes

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copper butterflies depend often 50 years. Analysis of the Hermes copper degrade Hermes copper butterfly habitat determines the size and range of the butterfly populations indicates that in threaten the species with extirpation local population. Wildfires and past the northern portion of the U.S. range, throughout its range. These threats are development have caused habitat the habitat has been fragmented (and evidenced by the loss and isolation of fragmentation that separates lost) permanently by development and many populations throughout the range; populations and inhibits movement by further fragmented temporally by those remaining extant populations fall creating a gap in area that Hermes wildfires, resulting in extirpation of at within areas of high megafire risk. Thus, copper butterflies are not capable of least four Hermes copper butterfly we consider threats under this factor to traversing. The connectivity of habitat populations (see Table 1 above). As be significant. occupied by a butterfly population is described in the Background section Factor B. Overutilization for not defined by host plant distribution at above and Factor E below, two historical Commercial, Recreational, Scientific, or the scale of host plant stands or patches, Hermes copper butterfly populations Educational Purposes but rather by adult butterfly movement (Rancho Santa Fe and Van Dam Peak) in that results in interbreeding (see Service the northern portion of the range have We found two Internet postings 2003, pp. 22, 162–165). Any loss of been lost since the year 2000, (accessed in June 2004) offering to sell resource contiguity on the ground that presumably because the habitat became specimens of Hermes copper butterfly does not affect butterfly movement, isolated to an extent that connectivity (Martin 2004, pers. comm.). We found such as burned vegetation, may degrade with other populations was lost. Neither no evidence that Hermes copper habitat, but may not fragment habitat. the Rancho Santa Fe habitat area nor butterflies, whole or in parts, were being Therefore, in order for habitat to be Van Dam Peak habitat area is expected used in a commercial ‘‘butterfly essence’’ fragmented, movement must be to be recolonized because the distance process (Morning Star Essences 2006, prevented by a barrier, or the distance to the next nearest source population pers. comm.) and we have no other between remaining host plants where (13 mi (20 km) and 7 mi (11 km), information to indicate that other larvae develop must be greater than respectively) exceeds the dispersal commercial business activities are a adult butterflies will move to mate or capability of the species. In the southern threat to Hermes copper butterfly. deposit eggs. Genetic analysis portion of the range, Lopez Canyon and Neither of these previously viewed Web (Deutschman et al. 2010; p. 16) the extant portion of Mission Trails Park sites offered Hermes copper butterfly for indicates that butterflies can show are both isolated (7 mi (11 km) sale during a more recent search differentiation even when close in separation) from other extant (November 22, 2010), nor did we locate proximity, presumably due to physical populations by development and any additional commercially available barriers that may be a result of burned areas that are no longer likely specimens. We found no other development or a landscape feature (i.e., occupied. Although the Mission Trails information to indicate Hermes copper the three McGinty Mountain sites that Park population remains extant this butterfly is used for commercial, are on opposite sides of the mountain population was likely reduced up to 74 scientific, or educational purposes. may be separated by topography). percent by the 2003 fire, and remaining Therefore, based on our review of the Alternately, sampling locations that are unburned habitat is surrounded by best available scientific and commercial not close have shown little genetic development, functionally isolating it information, we do not consider differentiation, indicating that from any potential source populations overutilization for commercial, butterflies can also disperse long thought to be extant (see Figure 1 recreational, scientific, or educational distances under the right conditions. above). While we do not expect future purposes a current threat to Hermes Sampling at one location before and development alone to threaten Hermes copper butterfly. copper butterfly habitat, we believe that after a fire found genetically Factor C. Disease or Predation differentiated groups. Deutschman et al. the combined impacts attributable to (2010, p. 16) concluded their findings wildfire and small scale development Disease supported the idea that Hermes copper may fragment habitat further and hence, threaten the species’ continued We evaluated the potential of disease butterfly individuals are capable of existence. Based on the above, we to threaten Hermes copper butterfly long-distance movement, but developed consider habitat fragmentation, due to rangewide and found no information areas and natural landscape features the combined impact of existing indicating disease to be current threat to may enhance or restrict dispersal. It is development, possible future (limited) Hermes copper butterfly. important to note that although development, existing dispersal barriers, movement may be possible, the habitat Predation and megafires, a significant threat to must be suitable at the time Hermes Hermes copper butterfly. Predation (including parasitism) is a copper butterflies arrive to ensure factor that is known to cause mortality successful recolonization. Summary of Factor A in butterflies, and therefore could As described in our 90-day finding Based on the above information, we potentially threaten any butterfly published in 2010 (75 FR 23658, May 4, consider Hermes copper butterfly to be species. Faulkner and Klein (2005, p. 2010) Hermes copper butterfly habitat threatened by the present or threatened 26) stated that ‘‘no papers have reported has become fragmented by both past destruction, modification, or any parasites or predators for the urban development (permanently) and curtailment of the species habitat or Hermes copper butterfly, though they wildfires. Comparison of Hermes copper range. Specifically, we consider Hermes obviously exist.’’ Birds may consume butterfly occurrences and host plant copper butterfly threatened by habitat Hermes copper butterfly larvae, distribution with mapped wildfire fragmentation and wildfire. The although we are not aware of any data perimeters indicates that wildfires cause combination of habitat fragmentation (as that indicate bird predation is a short-term fragmentation of habitat, and, a result of past and potential limited significant threat to Hermes copper historically, Hermes copper butterfly future urban development), existing butterfly. Furthermore, heavy predation habitat in San Diego County has been dispersal barriers, and megafires (that of adult insects and their progeny is a fragmented and lost due to the encompass vast areas and are increasing common ecological phenomenon, and progression of development over the last in frequency) that fragment, limit, and most species have evolved under

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conditions where high mortality due to butterfly as a species of concern and and its habitat, the Forest Service natural enemies has shaped their then evaluated this species relative to its commissioned a 2009 survey to evolution (see Ehrlich et al. 1988). potential of risk from Forest Service determine the current status of Hermes However, we found no information to activities and plan decisions in its 2005 copper butterfly populations at eight indicate predation to be current threat to Final Environmental Impact Statement locations in the Descanso Ranger Hermes copper butterfly. (USFS 2005). Hermes copper butterfly, District of the CNF. A total of 16 Hermes Therefore, based on our review of the along with 148 other species, was copper butterflies were observed at 12 best available scientific and commercial defined as a ‘‘species-at-risk’’ (USFS locations at 5 study sites (HDR and information, we do not consider disease 2005, Appendix B, p. 36), requiring a E2M, 2009, p. 11). The 2009 study or predation a current threat to Hermes further individual viability assessment. concluded that the low number of copper butterfly. The subsequent threat category observations were reflective of the on- Factor D. The Inadequacy of Existing identified for Hermes copper butterfly going recovery of Hermes copper ‘‘ ’’ ‘‘ Regulatory Mechanisms was 5 or Uncommon, narrow butterfly habitats from the effects of endemic, disjunct, or peripheral in the wildfires, the precipitation pattern in The Act requires us to examine the plan area with substantial threats to Hermes copper butterfly habitat in 2009, adequacy of existing regulatory persistence or distribution from Forest and host plant health (HDR and E2M, mechanisms, with respect to threats, Service activities’’ (USFS 2005, 2009, p. 25). that may ameliorate the danger of Appendix B, p. 43). The specific threat Previous monitoring surveys Hermes copper butterfly becoming associated with Hermes copper butterfly conducted on CNF lands include a 2005 either endangered or threatened. and Forest Service management survey for assessment of recolonization Existing regulatory mechanisms that activities is described as ‘‘Prescribed fire at Viejas Mountain, an area impacted by may have an effect on potential threats or fuel reduction projects in habitat the Cedar Fire in 2003, in which no to Hermes copper butterfly can be (affecting host plant, Rhamnus crocea)’’ Hermes copper butterflies were placed into two general categories: (1) (USFS 2005, Appendix B, p. 52). There observed (Klein 2005, pers. comm.). Federal mechanisms, and (2) State and are approximately 7,860 acres (ac) Additionally, a 2005 survey at Barber local mechanisms. (3,181 hectares (ha)) of extant Hermes Mountain, an area that had not recently Federal Mechanisms copper butterfly habitat (encompassing burned, revealed 95 specimens of 7 populations) within the CNF and Hermes copper butterflies (Faulkner There are five primary Federal approximately 2,100 ac (850 ha) of 2005, pers. comm.), while a wider 2008 regulatory mechanisms that we discuss Hermes copper butterfly habitat that has survey of the area after the Witch Fire below: the National Forest Management been extirpated or is of unknown status. in 2007 found scattered populations Act (16 U.S.C. 1600 et seq.); the Federal The Forest Service incorporates with only two sites containing more Land Policy and Management Act; the measures into its planning efforts to than a single specimen (Faulkner 2008 Sikes Act as amended (16 U.S.C. 670a address identified threats as it pers. comm.). Locations were marked et seq.); the Healthy Forests Restoration implements specific activities on forest for revegetation with Eriogonum Act of 2003 (16 U.S.C. 6501 et seq.); and lands. As an example, in 2007, measures fasciculatum and Rhamnus crocea in an the National Environmental Policy Act were included to protect Hermes copper attempt to extend the unburned (NEPA; 42 U.S.C. 4321 et seq.). butterfly habitat ahead of the Horsethief chaparral habitat so as to expand the Under the National Forest Fuels Reduction Project (Jennings 2007, existing Hermes copper butterfly Management Act of 1976, the U.S. pers. comm.). Although the proposed populations or establish new Forest Service (Forest Service) is project has not yet been implemented, populations (Faulkner 2008, pers. required to prepare a comprehensive the recommendations of flagging and comm.). land and natural resource management avoidance of all R. crocea bushes are Recent fire events appear to have plan for each unit of the Forest Service, standard management measures for negatively affected the current in accordance with NEPA’s procedural relevant CNF activities (Winter 2010, occupancy of Hermes copper butterfly at requirements, to guide the maintenance pers. comm.). the surveyed locations on CNF lands. and use of resources within national The CNF has also initiated two The 2009 survey results indicate that of forests. The plans require an projects for restoration of habitat at the study sites affected by fires in 2003 interdisciplinary approach, including a Barber Mountain related to impacts and 2007, Hermes copper butterfly was provision providing for diversity for from the Harris Fire (Metz 2010, pers. only found at one site (North Descanso), plant and animal communities (16 comm.). In an effort to restore nectar an area located on the southern edge of U.S.C. 1604(g)(3)(B)). The Forest Service and host plants at this site, seeds from the area affected by the 2003 Cedar Fire is currently operating under the both Eriogonum fasciculatum and and adjacent to unburned private lands, transition provisions of the 2000 Rhamnus crocea plants have been which the authors speculate contain a Planning Rule (65 FR 67514; November collected locally and E. fasciculatum source population of Hermes copper 9, 2000) as an interim measure until a seeds have already been planted (Metz butterflies (HDR and E2M, 2009, p. 25). new planning rule is issued (see 74 FR 2010, pers. comm.). The current monitoring, management 67059; December 18, 2009). The 2000 Because fires, particularly recent efforts, and conservation measures rule allows forests to develop, revise wildfires (megafires), have been implemented and planned by the Forest and amend forest plans using the identified as a factor affecting the Service indicate that the CNF is actively procedures of the 1982 Rule (47 FR distribution of this species, the CNF has working towards conservation of 43037; September 30, 1982). All existing been monitoring Hermes copper Hermes copper butterfly and its habitat. forest plans have been developed using butterfly populations in burned and The Federal Land Policy and the 1982 Planning Rule procedures, unburned areas of CNF to assist in Management Act of 1976 (FLPMA) including the Cleveland National Forest monitoring the recovery and governs the management of public lands Plan. management of this species on its lands under the jurisdiction of the BLM. The In preparing the Cleveland National (HDR and E2M, 2009, p. 1). As part of legislative goals of FLPMA are to Forest (CNF) Plan, the Forest Service the Forest Service’s approach to establish public land policy; to establish evaluated and identified Hermes copper management of Hermes copper butterfly guidelines for its [BLM’s]

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administration; and to provide for the managed in accordance with all interface (WUI) (Fire Safe Council of management, protection, development provisions of the Wilderness Act and San Diego County 2011). See our and enhancement of the public lands. applicable laws. We believe existing discussion of CWPPs below under the While FLPMA generally directs that BLM regulations provide adequate State and Local Regulations subsection. public lands be managed on the basis of protection from the threat of Combined, the Healthy Forests multiple use, the statute also directs that development described in Factor A Restoration Act and the Community such lands be managed to ‘‘protect the above, but not from mortality and Wildfire Protection Plan emphasize the quality of scientific, scenic, historical, habitat fragmentation due to megafire as need for federal, state and local agencies ecological, environmental, air and described in Factors A above and E to work collaboratively with atmospheric, water resource, and below. However, megafire is not a threat communities in developing hazardous archeological values; * * * [ to] that is susceptible to reduction or fuel reduction projects, and place preserve and protect certain public elimination by regulatory mechanisms. priority on treatment areas identified by lands in their natural condition; [and to] The Sikes Act requires the the communities themselves in a CWPP provide food and habitat for fish and Department of Defense to develop and (Fire Safe Council of San Diego County wildlife * * *.’’ (43 U.S.C. 1701(a)(8)). implement integrated natural resources 2011). While these regulations reduce Although the BLM has a multiple-use management plans (INRMPs) for the impact of wildfire to some extent, mandate under the FLPMA which military installations across the United especially with regard to human allows for grazing, mining, and off-road States. We are not aware of any property and safety, the impact of vehicle use, the BLM also has the ability currently extant Hermes copper megafires on wildlands is not a threat butterfly populations on military under the FLPMA to establish and that is susceptible to elimination by installations; however there are implement special management areas such regulatory mechanisms. historical Hermes copper butterfly All Federal agencies are required to such as Areas of Critical Environmental observation locations and potential adhere to the National Environmental Concern, wilderness areas, research Hermes copper butterfly habitat (see Policy Act (NEPA) of 1970 for projects areas, etc. BLM’s South Coast Resource Table 1 and Figure 1 above, Map #40) they fund, authorize, or carry out. The Management Plan covers the San Diego on Miramar Naval Air Station and the Council on Environmental Quality’s County area. Approximately 1 percent, adjacent Mission Gorge Recreational regulations for implementing NEPA (40 or 411 ac (166 ha) of the total Hermes Facility (MGRF) (also known as Admiral CFR parts 1500–1518) state that in their copper butterfly habitat occupied by Baker Field). Through the 2002 Naval environmental impact statements extant populations (3 populations in Base San Diego INRMP, which is agencies shall include a discussion on this case) occur within the BLM owned currently under revision, the Navy the environmental impacts of the lands. An additional approximately 289 manages its open space areas using an various project alternatives (including ac (117 ha) of Hermes copper butterfly ecosystem-level approach that includes the proposed action), any adverse habitat that supported populations invasive species removal, habitat environmental effects which cannot be believed to have been extirpated or that restoration and enhancement, and avoided, and any irreversible or are of unknown status (encompassing 3 natural resource inventories (Stathos irretrievable commitments of resources populations) also occurs on BLM lands. 2010, pers. comm.). In the 2002 INRMP, involved (40 CFR part 1502). NEPA Hermes copper butterfly was a species the Navy identified the following focus itself is a disclosure law that provides considered but not addressed in the areas for management actions: Wildlife an opportunity for the public to submit BLM’s South Coast Resource conservation and management, rare comments on the particular project and Management Plan (SCRMP; BLM 1994, wildlife species, exotic vegetation propose other conservation measures p. 76) but many components of Hermes control, habitat restoration, and fire that may directly benefit listed species; copper butterfly habitat (coastal sage management (U.S. Navy 2002, section 3, however, it does not require subsequent scrub and chaparral) are contained pp. 37–40 and 45–47). Hermes copper minimization or mitigation measures by within the SCRMP planning area, and butterfly is not identified as a rare the Federal agency involved. Although receive some regulatory protection species in the INRMP; however, some Federal agencies may include under the plan. Approximately half of existing management recommendations conservation measures for listed species Hermes copper butterfly habitat and actions may also be beneficial to as a result of the NEPA process, Hermes supporting extant populations on BLM Hermes copper butterfly, if it is copper butterfly may be provided lands, a 201 ac (81 ha) portion of the rediscovered on Navy lands. The indirect protections due to its co- Descanso South population (see Table 1 INRMPs are reviewed every year by occurrence with listed species. Any and Figure 1 above; Map #31) falls military installations and modified as such measures are typically voluntary in within the Pine Creek Wilderness Area needed, and are reviewed at least every nature and are not required by the and therefore benefits from BLM’s 5 years with the Service and States. statute. Additionally, activities on non- wilderness protection policies. The Pine The Healthy Forests Restoration Act Federal lands are subject to NEPA if Creek Wilderness Area is managed in of 2003 includes the first meaningful there is a Federal nexus. accordance with the provisions of the statutory incentive for the U.S. Forest As stated above, land and resource Wilderness Act of 1964 (16 U.S.C. 1131 Service and the Bureau of Land management plans prepared by the et seq.). The Wilderness Act of 1964 Management to give consideration to Forest Service and BLM must be strictly limits use of wilderness areas, prioritized fuel reduction projects developed in accordance with NEPA imposing restrictions on use of vehicles, identified by local communities. In requirements and, as noted above, the new developments, chainsaw use, order for a community to take advantage Forest Service prepared an mountain bike use, leasing, and mining, of this opportunity, a Community environmental impact statement for its in order to protect the natural habitats Wildfire Protection Plan (CWPP) must 2005 Land Management Plans of the areas, maintain species diversity, be prepared. The process of developing (including the Cleveland National and enhance biological values. Lands a CWPP can help a community identify Forest Plan) and will be required to acquired by BLM within wilderness area and clarify priorities for the protection meet NEPA requirements in preparing boundaries become part of the of life, property and critical its revised plan. Similarly, the U.S. designated wilderness area and are infrastructure in the wildland-urban Navy must meet the procedural

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requirements of NEPA in developing its CEQA. Included in the specific indirectly benefit the species by INRMPs. guidelines, under Special Species establishing mitigation ratios and Status, is a determination as to whether project development conditions that State and Local Mechanisms a project will impact occupied Hermes restrict development within coastal sage The California Environmental Quality copper butterfly habitat. Section 4.1 K scrub and mixed chaparral habitats. Of Act (CEQA) (Public Resources Code (p. 14) of the guidelines states: the 17 currently extant Hermes copper 21000–21177) and the CEQA Guidelines ‘‘Though not state or federally listed, butterfly populations, the BMO affords (California Code of Regulations, Title the Hermes copper meets the definition some indirect protection to the 10 that 14, Division 6, Chapter 3, sections of endangered under CEQA Sec. 15380 fall all or partially within the County’s 15000–15387) requires State and local because its ‘survival and reproduction subarea plan boundaries. agencies to identify the significant in the wild are in immediate jeopardy The County of San Diego Resource environmental impacts of their actions from one or more causes, including loss Protection Ordinance (RPO) (County of and to avoid or mitigate those impacts, of habitat, change in habitat, San Diego 2007) applies to all non- if feasible. CEQA applies to projects overexploitation, predation, federal lands within the County located proposed to be undertaken or requiring competition, disease, or other factors.’ within and outside of the County of San approval by State and local government The County’s determination that the Diego subarea plan boundaries. The agencies and the lead agency must Hermes copper meets the definition of RPO imposes restrictions on complete the environmental review endangered under CEQA is based on the development to reduce impacts to process required by CEQA, including loss of Hermes copper populations by natural resources including sensitive conducting an initial study to identify development and wildfire, and the habitat lands. Sensitive habitat lands are the environmental impacts of the project review of published and unpublished those that support unique vegetation and determine whether the identified literature. Interim guidelines for communities or those that are either impacts are ‘‘significant.’’ If significant surveying, assessing impacts, and necessary to support a viable population impacts are determined, then an designing mitigation for Hermes copper of sensitive species, are critical to the environmental impact report must be are provided in Attachment C of the proper functioning of a balanced natural prepared to provide State and local Report Format and Content ecosystem, or which serve as a agencies and the general public with Requirements—Biological Resources.’’ functioning wildlife corridor (County of detailed information on the potentially (County of San Diego, 2010, p. 14). San Diego, 2007, p. 3). They can include significant environmental effects The newly added Hermes copper areas that contain maritime succulent (CERES 2010). ‘‘Thresholds of butterfly section of the guidelines offers scrub, southern coastal bluff scrub, Significance’’ are comprehensive criteria a proactive requirement for project coastal and desert dunes, calcicolous used to define environmental significant review under CEQA that can provide a scrub, and maritime chaparral, among impacts based on quantitative and specific protective measure to the others. Impacts to RPO sensitive habitat qualitative standards and include species and its habitat. lands, which include lands with impacts to biological resources such as The San Diego Multiple Species potential host and nectar plant habitat candidate, sensitive, or special status Conservation Program (MSCP) is a for Hermes copper butterfly (i.e., scrub species identified in local or regional subregional habitat conservation plan and chaparral), are only allowed when plans, policies, or regulations, or by the (HCP) and Natural Community all feasible measures have been applied California Department of Fish and Game Conservation Plan (NCCP) made up of to reduce impacts and when mitigation (CDFG) or the Service; or impacts to any several subarea plans that have been in provides an equal or greater benefit to riparian habitat or other sensitive place for more than a decade. Under the the affected species (County of San natural community identified in local or umbrella of the MSCP, each of the 12 Diego, 2007, p. 13). regional plans, policies, regulations or participating jurisdictions is required to The California Department of Forestry by the CDFG or Service (Appendix G, prepare a subarea plan that implements and Fire Protection (CAL FIRE) is an CEQA 2010). Defining these significance the goals of the MSCP within that emergency response and resource thresholds helps ensure a ‘‘rational basis particular jurisdiction. The MSCP protection department. CAL FIRE for significance determinations’’ and covers 582,243 ac (235,625 ha) and the protects lives, property and natural provides support to the final County of San Diego Subarea Plan resources from fire, and protects and determination and appropriate revisions covers 252,132 ac (102,035 ha) of preserves timberlands, wildlands, and or mitigation actions to a project in unincorporated county lands in the urban forests. The CAL FIRES’s varied order to develop a mitigated negative southwestern portion of the MSCP plan programs work together to plan declaration rather than an area. The County subarea plan is protection strategies incorporating environmental impact report implemented in part by the Biological concepts of the National Fire Plan, the (Governor’s Office of Planning and Mitigation Ordinance (BMO), which California Fire Plan, individual CAL Research, 1994, p. 5). outlines specific project design criteria FIRE Unit Fire Plans, and Community The County of San Diego has and species and habitat protection and Wildfire Protection Plans (CWPPs). Fire developed the Guidelines for mitigation requirements for projects Plans outline the fire situation within Determining Significance and Report within subarea boundaries (see MSCP each CAL FIRE Unit, and CWPPs do the Format and Content Requirements— Subarea Plan, County of San Diego same for communities (CALFIRE 2011a, Biological Resources (Guidelines) 2007, and Biological Mitigation p. 1; County of San Diego 2011a). Each (County of San Diego, 2010) to review Ordinance (Ord. Nos. 8845, 9246), plan identifies prevention measures to discretionary projects and County of San Diego 1998b). All projects reduce risks, informs and involves the environmental documents pursuant to within the County’s subarea plan local communities in the area, and the CEQA. The Guidelines provide boundaries must comply with both the provides a framework to diminish guidance for evaluating adverse MSCP requirements and the County’s potential wildfire losses and implement environmental effects that a proposed policies under CEQA. Hermes copper all applicable fire management project may have on biological resources butterfly is not a covered species under regulations and policies (CALFIRE and are consulted during the evaluation any MSCP subarea plans; however, the 2011b; County of San Diego 2011a). of any biological resource pursuant to protections afforded by the BMO Planning includes other state, federal

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and local government agencies as well activity level plans are developed on in the current distribution of the species as Fire Safe Councils (CALFIRE 2011a, Forest Service, BLM and U.S. Navy in southern California; analysis of GIS p. 1). Cooperative efforts via contracts lands either occupied by or that contain information indicates approximately 66 and agreements between state, federal, suitable habitat for the species. percent of the extant occurrences are and local agencies are essential to On State and county lands occupied found within the footprint of the 1970 respond to wildland fires (CALFIRE by Hermes copper butterfly or Laguna Fire, which Minnich and Chou 2011a, p. 1). Because of these types of containing its habitat, we believe the (1997, p. 240) reported last burned in cooperative efforts, fire engines and requirements of CEQA and the two 1920. In contrast, the areas north and crews from many different agencies may County ordinances are adequate south of the extant Hermes copper respond at the scene of an emergency regulatory mechanisms that protect the butterfly occurrences burned several (CALFIRE 2011a, p. 1); however species and its habitat from times from 2001 to 2007 (Keeley et al. CALFIRE typically takes the lead with development related impacts. The 2009, pp. 287, 293). A single megafire regard to planning for megafire, Biological Mitigation Ordinance of the burning most or all of the 40-year old prevention, management, and County of San Diego Subarea Plan and chaparral in the footprint of the Laguna suppression, and CAL FIRE is in charge the County of San Diego Resource fire would likely imperil the species in of incident command during a wildfire. Protection Ordinance impose the United States (see Figure 1 above). The San Diego County Fire Authority restrictions on development within Additionally, as discussed in the (SDCFA), local governments, and CAL coastal sage scrub and mixed chaparral Background section above, the 2003 FIRE cooperatively protect 1.42 million habitats that support half of the Otay and Cedar fires and the 2007 acres of land with 54 fire stations historical distribution of Hermes copper Harris and Witch fires in particular have throughout San Diego County (County butterfly populations. Although Federal, negatively impacted the species, of San Diego 2011b, p. 1). Wildfire State, and local regulatory mechanisms resulting in or contributing to the management plans and associated help to reduce wildfire impacts, extirpation of 9 of 35 populations (see actions can help to reduce the impacts primarily to property and human safety, Table 1 above). of wildfire on natural resources, they do not adequately protect Hermes It is well-documented that wildfires including Hermes copper butterfly, but copper butterfly from direct mortality or that occur in occupied Hermes copper their first priority is human health and habitat fragmentation due to megafires. butterfly habitat result in loss of Hermes safety. While these plans and associated However, we do not consider the impact copper butterflies (Klein and Faulkner measures ameliorate the impacts of of megafire on wildlands to be a threat 2003, pp. 96, 97; Marschalek and Klein wildfire to some extent, especially with that is susceptible to elimination by 2010, pp. 4, 5). The butterflies rarely regard to human property and safety, regulatory mechanisms. survive wildfire because life stages of the impact of megafires on wildlands is Therefore, based on our review of the the butterfly inhabit host plant foliage, not a threat that is susceptible to best available scientific and commercial and Rhamnus crocea typically burns to elimination by such regulatory information, we do not consider the the ground and resprouts from stumps mechanisms. inadequacy of existing regulatory (Deutschman et al. 2010, p. 8; Summary of Factor D mechanisms to be a threat to Hermes Marschalek and Klein 2010, p. 8). This copper butterfly. In summary, we considered the results in at least the temporal loss of adequacy of existing regulatory Factor E. Other Natural or Manmade both the habitat (until the R. crocea and mechanisms to protect Hermes copper Factors Affecting the Species’ Continued nectar source regrowth occurs) and the butterfly. On Forest Service lands, the Existence presence of butterflies (occupancy) in the area. Wildfires can also leave Cleveland National Forest Plan Wildfire addresses the conservation of natural patches of unburned occupied habitat resources, including Hermes copper As discussed in the Background that are functionally isolated (e.g., butterfly, and specific management section and Factor A discussions above, further than the dispersal distance of the practices have been identified and are wildfire can result in temporal loss of butterfly) from other occupied habitat. being implemented to conserve existing Hermes copper butterfly habitat. Furthermore, large fires can eliminate populations of Hermes copper butterfly However, the most significant threat source populations before previously and its habitat. Approximately 1 percent posed by wildfire to Hermes copper burned habitat can be recolonized, and of Hermes copper butterfly habitat butterfly is the direct loss (i.e., can result in long-term or permanent occurs on BLM lands and is afforded mortality) of butterflies associated with loss of butterfly populations. For some protection through the South extensive and intense fire events. The example, in Mission Trails Park the Coast Management Plan and Wilderness magnitude of this threat is increased by 7,303 ac (2596 ha) ‘‘Assist #59’’ Fire in Area designation through management the periodic occurrence of megafires, 1981 and the smaller 126 ac (51 ha) of habitat areas for listed and other which are typically created by extreme ‘‘Assist #14’’ Fire in 1983 (no significant sensitive species and land use ‘‘Santa Ana’’ weather conditions of high overlap between fires), resulted in an limitation. Although the Navy has not temperatures, low humidity, and strong approximate 18-year extirpation of the recorded extant populations of Hermes erratic winds (see Background section Mission Trails Park Hermes copper copper butterfly on their lands in San and Factor A’s wildfire discussion butterfly population (Klein and Diego County, we believe the above; Keeley and Zedler 2009, p. 90). Faulkner 2003, pp. 96, 97). More recent management measures identified in Human-induced or anthropogenic examples include extirpations of the their INRMP for the Mission Gorge ignitions have increased the frequency monitored Crestridge, Rancho Jamul, Recreational Facility provides an of fire far above historical levels (Keeley Anderson Road, Hollenbeck Canyon, adequate protective mechanism for and Fotheringham 2003, p. 240). and San Miguel Mountain populations, existing coastal sage habitat suitable for Recolonization of burned areas by as well as other less-monitored Hermes copper butterfly. Hermes copper Hermes copper butterfly can be populations (Marschalek and Klein butterfly and its habitat may also receive precluded when fires, and particularly 2010, pp. 4, 5; Deutschman et al. 2010, protection under NEPA as land megafires, occur too frequently. The p. 36). After the 2003 Cedar Fire, management plans, INRMPs, and significance of this concern can be seen Hermes copper butterfly records at the

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regularly monitored Crestridge 174,026 ac (70,426 ha) 1970 Laguna Fire approximately 9 mi (14 km) and 7 mi population, once considered the largest perimeter (similar in size to the 2003 (11 km) away, respectively, and and most robust population within the and 2007 fires), and the 3 that do not separated by highly developed areas. species’ range (Klein and Faulkner 2003, fall within the Laguna Fire perimeter Future recolonization of Hermes copper p. 86), were limited to presumably the fall partially within the 2003 and 2007 butterfly to these areas, which appear to same male for a 6-day period in 2005, fire perimeters. This analysis of current contain suitable habitat, is not likely and another single male observed in fire danger and fire history illustrates due to their isolation. One population 2007 (Marschalek and Klein 2010, p. 4; the potential for permanent loss of the isolated by development was extirpated Deutschman et al. 2010, p. 33). majority, if not all, remaining butterfly due to the 2007 Witch Fire (Rancho Marschalek (2010a, p. 2) described how populations should another large fire Santa Fe), and a second isolated when his study ‘‘colonies’’ in the Rancho occur prior to recolonization of burned population was extirpated for unknown Jamul population were extirpated by fire habitats (per discussion above, reasons (Van Dam Peak). As discussed in 2003, he discovered additional recolonization may not occur for up to above under Factor A, neither the occupied habitat on the other side of a 18 years). As discussed by Marschalek Rancho Santa Fe habitat area nor the nearby firebreak in 2004; however the and Klein (2010, p. 9) and Deutschman Van Dam Peak habitat area is expected remaining population distribution was et al. (2010, p. 42), there is a risk that to be recolonized because the distance extirpated in the 2007 Harris Fire one or more wildfires could extirpate to the next nearest source population (Marschalek 2010a, p. 1). Data indicate the majority of extant Hermes copper exceeds the dispersal capability of the all historical populations burned in both butterfly populations. Based on the species. In the southern portion of the the 2003 and 2007 fires were extirpated above, we consider wildfire, specifically range, Lopez Canyon and the extant except North Descanso, where record megafires that encompass vast areas and portion of Mission Trails Park are both locations were within a narrow are increasing in frequency, a significant isolated from other extant populations extension of the fire perimeter threat to Hermes copper butterfly. by development and burned areas that are no longer likely occupied. Although surrounded on three sides by unburned Vulnerability of Small and Isolated the Mission Trails Park population habitat (see Table 1 and Figure 1 above). Populations We know this habitat was recolonized remains extant this population was because genetic research determined the Small population size, low population likely reduced up to 74 percent by the colonizing individuals were not related numbers, and population isolation are 2003 fire, and remaining unburned not necessarily independent factors that to those collected before the fire habitat is surrounded by development, threaten a species. Typically, it is the (Deutschman et al. 2010, p. 26). These functionally isolating it from any combination of small size and number facts underscore the importance of potential source populations thought to and isolation of populations in having available Hermes copper be extant (see Figure 1 above). conjunction with other threats (such as butterfly source populations to Therefore, we consider the effects of the present or threatened destruction recolonize habitat after fire. As restricted geographical range, and modification of the species’ habitat discussed in the Background section population isolation, and reduced or range) that may significantly increase above, of the 35 known Hermes copper population size a significant threat to the probability of species’ extinction. Hermes copper butterfly. butterfly populations in 2000, 1 Population isolation renders smaller northern Hermes copper butterfly populations more vulnerable to Global Climate Change population and 8 southern populations stochastic extirpation. Small Evaluations by Parmesan and are believed to have been extirpated by populations and isolation could also Galbraith (2004, pp. 1–2, 29–33) fire or a combination of fire and subject Hermes copper butterfly to indicate whole ecosystems may be development since 2003 (see Table 1 genetic drift and restricted gene flow shifting northward and upward in above). that may decrease genetic variability elevation, or are otherwise being altered As discussed above under Factor A, over time and could adversely affect by differing climate tolerance among we examined maps of current high fire species’ viability (Allee 1931, pp. 12–37; species within communities. Climate threat areas in San Diego County based Stephens et al. 1999, pp. 185–190; change may be causing changes in the on recent reports by the Forest Area Dennis 2002, pp. 389–401). The best arrangement and community Safety Task Force (Jones 2008; SANDAG available scientific information composition of occupied habitat 2010). Areas identified as most indicates adult Hermes copper butterfly patches. Current climate change vulnerable include all occupied and densities have been reduced to low or predictions for terrestrial areas in the potentially occupied Hermes copper no detectability, or occupancy has been Northern Hemisphere and the butterfly habitats in San Diego County entirely eliminated in some burned southwestern United States indicate within the species’ known historical areas (for example Crestridge, see Factor warmer air temperatures, more intense range, with the exception of Black A discussion above), and habitat has precipitation events, and increased Mountain, Van Dam Peak, Lopez been fragmented and isolated by summer drying (Field et al. 1999, pp. Canyon, and the unburned southern development (Deutschman et al. 2010, 1–3; Hayhoe et al. 2004, p. 12422; Cayan portion of Mission Trails Park. Nineteen p. 33). As discussed in the Background et al. 2005, p. 6; Intergovernmental potential source populations for section and Factor A discussion above, Panel on Climate Change (IPCC) 2007, p. recolonization of habitats burned in the most remaining northern habitats are 11). However, predictions of climatic past 10 years (extant or of unknown limited to the relatively isolated and conditions for smaller subregions, such status) fall within a contiguous area that fragmented undeveloped lands between as San Diego County, remain less has not recently burned (southeastern the cities of San Marcos, Carlsbad, and certain. Tabor and Williams (2010, p. populations in Figure 1), and where the Escondido and the community of 562) summarized the four major sources threat of fire is considered high Rancho Santa Fe. The nearest occupied of uncertainty in downscaled climate (SANDAG 2010). All except 3 of these Hermes copper butterfly location projections: (1) Uncertainties in future potential source populations (North (Mission Trails) to the habitat ‘‘islands’’ greenhouse gas emissions and Descanso, Hartley Peak, and North containing the Black Mountain and Van atmospheric composition (scenario Guatay Mountain) also fall within the Dam Peak observation locations are uncertainty); (2) uncertainties in

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modeling the climate response (Global records dating back to 1958, including in Mexico, especially near the U.S. Circulation Model uncertainty); (3) collections by Thorne (called ‘‘Mission border where the human population and uncertainties in the observational data Gorge’’ or ‘‘Mission Dam’’ on museum development is most concentrated (see sets used as the basemap for the specimen labels) where May 21 was the for example National Aeronautics and debiasing procedure (historical earliest documented record from the Space Administration’s 2010 October 24 observational uncertainty); and (4) 1960s and early 1970s (before climate update wildfire satellite imagery that uncertainty over the validity of change trends were reasonably includes Baja California, Mexico), these assumptions underlying the change- detectable as described by the IPCC threats are likely of less magnitude factor approach (change-factor (2007, pp. 2, 4)). The historical because there is far less development in uncertainty). These uncertainties are a temperature trend in Hermes copper the more remote areas of Baja California general phenomenon of climate model butterfly habitats for the month of April that may support Hermes copper downscaling and they can be (when larvae are typically developing butterfly. We are not aware of any substantial, especially the first two and pupating) from 1957 to 2006 can be conservation activities related to (Tabor and Williams 2010, pp. 562, calculated with relatively high Hermes copper butterfly in Mexico. confidence (p values from 0.001 to 564). Thus, discretion is necessary when Summary of Factor E using downscaled climate projections, 0.05). The rate of temperature change because downscaling Global Circulation has been an increase of 0.04 to 0.07 °F In summary, we consider Hermes Models to the finest available resolution (0.07 to 0.13 °C) per year (Climate copper butterfly threatened by other may produce misleading results (Tabor Wizard 2010), a total increase of which natural or manmade factors affecting the and Williams 2010, p. 564). Southern could explain the earlier than average species’ continued existence. California has a unique and globally rare flight seasons. The latest published Specifically, Hermes copper butterfly is Mediterranean climate. Summers are observation date (presumed end of flight threatened with extirpation due to typically dry and hot while winters are season) of an adult prior to 1970 was on wildfire (megafire), restricted cool, with minimal rainfall averaging July 30, 1967 (museum specimen geographical range, and population about 10 inches per year. The maritime collected by Thorne at ‘‘Suncrest’’); isolation. The loss of populations, due influence of the Pacific Ocean combined however, the latest observation date to megafires and population with the coastal and inland mountain from monitoring and data and other fragmentation and isolation, inhibits the ranges creates an inversion layer typical records in the past 10 years was on July ability of Hermes copper butterfly to rebound from stochastic events such as of Mediterranean-like climates, 2 in 2010, despite an megafires. These threats are evidenced particularly in southern California. uncharacteristically late start to the by the loss of populations in the north These conditions also create flight season (May 29). Shorter flight and south of the U.S. range and microclimates, where the weather can seasons are also consistent with higher subsequent isolation of other be highly variable within small average temperatures, as a higher populations throughout the range. The geographic areas at the same time. These metabolism in these exothermic short- remaining extant populations fall within microclimates are difficult to model and lived invertebrates typically results in a restricted area bounded by make it even more difficult to predict faster growth and earlier death. development and face high megafire meaningful changes in climate for this Nevertheless, given the temporal and risk. Thus, we consider threats under region, specifically for small local areas, geographical availability of their this factor to be significant. and the resultant impact on the Hermes widespread perennial host plant, and copper butterfly and its habitat. exposure to extremes of climate Finding throughout their known historical range We evaluated the available historical (Thorne 1963, p. 144), Hermes copper As required by the Act, we conducted weather data and the species biology to butterfly and its host and nectar plants a review of the status of the species and determine the likelihood of effects are not likely to be negatively affected considered the five factors in assessing assuming the climate has been and will throughout the majority of the species’ whether Hermes copper butterfly is continue to change. The typical effect of range by phenological shifts in endangered or threatened throughout all a warmer climate, as observed with development of a few days (unlike or a significant portion of its range. We Hermes copper butterfly in lower, species such as Edith’s checkerspot examined the best scientific and warmer elevation habitats compared to (Euphydryas editha) that depend on commercial information available higher, cooler elevations, is an earlier annual host plants; Service 2003, pp. 63, regarding the past, present, and future flight season by several days (Thorne 64). While it is possible the species’ threats faced by Hermes copper 1963, p. 146; Marschalek and climatic tolerance, such as temperature butterfly. We reviewed the petition, Deutschman 2008, p. 98). Marschalek thresholds for activity (see Background information available in our files, other and Klein (2010, p. 2) noted that past section above), could result in a change available published and unpublished records suggest a slightly earlier flight in the species niche and distribution of information, and we consulted with season in recent years compared to the suitable habitat as the climate changes, Hermes copper butterfly experts and 1960s. The earliest published day of predicting any such changes would be other Federal, State, and local flight prior to 1963, after ‘‘30 years of speculative because we do not jurisdictions. extensive collecting,’’ was May 20 understand what currently limits the This status review identified threats (Thorne 1963, pp. 143, 146), but adults species’ range to a much smaller to Hermes copper butterfly attributable began flying on May 16 and May 12 in geographic area than its host plant. primarily to ‘‘megafires’’ (large wildfires) 2003 and 2004, respectively Based on the above, we do not consider and small and isolated populations (Marschalek and Deutschman 2008, p. global climate change a current threat to (Factor E), and to a lesser extent, habitat 100), and were reported as early as April Hermes copper butterfly. loss due to increased wildfire frequency 29 in 2003, and May 14 in 2008 (CFWO and due to fragmentation resulting from GIS database). The record early Mexico Populations the combined impacts of existing observation on April 29, 2003, was from Although wildfire and isolation of development, possible future (limited) Fortuna Mountain in Mission Trails small populations may be threats to development, existing dispersal barriers, Park, a well-collected population with Hermes copper butterfly and its habitat and megafires (Factor A). The primary

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threats to the species are mortality from the greatest emphasis on taxonomic vulnerable but are not known to be wildfire and small population size. distinctiveness by assigning priority in presently facing such threats. Hermes These threats increase the risk of descending order to monotypic genera copper butterfly faces actual, extirpation of Hermes copper butterfly (genus with one species), full species, identifiable threats as discussed under populations rangewide. Hermes copper and subspecies. Factors A and E of this finding, butterfly occupies scattered areas of sage Using the Service’s LPN guidance, we including the threat of a large, high- scrub and chaparral habitat in an arid assign each candidate an LPN of 1 to 12, intensity wildfire (megafire) capable of region susceptible to wildfires of depending on the magnitude of threats killing Hermes copper butterfly increasing frequency and size. The (high vs. moderate to low), immediacy populations and destroying or likelihood that the species will be of threats (imminent or nonimminent), modifying the species’ habitat in a way burned by catastrophic wildfires, and taxonomic status of the species (in that would cause a rangewide reduction combined with the isolation and small order of priority: Monotypic genus (a in populations; however, the impact of size of extant populations makes species that is the sole member of a wildfire to Hermes copper butterfly and Hermes copper butterfly particularly genus), species, or part of a species its habitat occurs on a sporadic basis vulnerable to population extirpation (subspecies, distinct population and we do not have the ability to predict rangewide. Therefore, we find that there segment, or significant portion of the when wildfires will occur. While we are threats of sufficient imminence, range)). The lower the listing priority conclude that listing Hermes copper intensity, or magnitude to indicate that number, the higher the listing priority butterfly is warranted, an immediate Hermes copper butterfly is in danger of (that is, a species with an LPN of 1 proposal to list this species is precluded extinction (endangered), or likely to would have the highest listing priority). by other higher priority listings, which become endangered within the Under the Service’s guidelines, the we address below. foreseeable future (threatened), magnitude of threat is the first criterion The third criterion in our LPN throughout its range or a significant we look at when establishing a listing guidance is intended to devote portion of its range based on the threats priority. The guidance indicates that resources to those species representing described above. species with the highest magnitude of highly distinctive or isolated gene pools On the basis of the best scientific and threat are those species facing the as reflected by taxonomy. Hermes commercial information available, we greatest threats to their continued copper butterfly is a valid taxon at the find that the petitioned action to list existence. These species receive the species level. Hermes copper butterfly Hermes copper butterfly is warranted. highest listing priority. The threats that faces high magnitude, non-imminent We will make a determination on the Hermes copper butterfly faces are high threats, and is a valid taxon at the status of the species as endangered or in magnitude because the major threats species level. Thus, in accordance with threatened when we do a proposed (particularly mortality due to wildfire our LPN guidance (48 FR 43098, listing determination. However, as and increased wildfire frequency) occur September 21, 1983), we have assigned explained in more detail below, throughout all of the species’ range and Hermes copper butterfly an LPN of 5. immediate proposal of a regulation to are likely to result in adverse impacts to As a result of our analysis of the best implement this finding is precluded by the status of the species. Based on an available scientific and commercial higher priority listing actions, and we evaluation of all known historical information, we assigned Hermes are making expeditious progress to add populations, approximately 49 percent copper butterfly a Listing Priority or remove qualified species from the are believed to have been extirpated. Number of 5, based on species level Lists of Endangered and Threatened Historical records indicate that taxonomic classification and high Wildlife and Plants. development has isolated and modified magnitude but nonimminent threats. We reviewed the available habitats in the northern portion of the Hermes copper butterfly is threatened information to determine if the existing U.S. range. The isolation of these by megafires, habitat fragmentation, and and foreseeable threats render Hermes habitats has inhibited the species’ the effects of restricted range and small copper butterfly at risk of extinction ability to recolonize after stochastic population size throughout all of the now such that issuing an emergency events such as wildfires. When a known populations in the United States. regulation temporarily listing the wildfire passes through an occupied The effect of past habitat fragmentation species under section 4(b)(7) of the Act area, it is highly likely that all is considered irreversible and has is warranted. We determined that individuals or eggs, if present, within continuing impacts over the range of the issuing an emergency regulation the area are killed (see discussion under species. The threat of wildfire continues temporarily listing the species is not Factor E: Wildfire above). As to exist throughout the species range; warranted at this time, because the populations become more isolated from however, the impact of wildfire on threat of extinction is not immediate. other occupied areas, their ability to Hermes copper butterfly and its habitat However, if at any time we determine recolonize after such events is lost. As occurs on a sporadic basis and we do that issuing an emergency regulation described in the discussions of wildlife not have the ability to predict when temporarily listing the species is under Factors A and E above, wildfires wildfires will occur. While we conclude warranted, we will initiate such action are increasing in frequency and that listing Hermes copper butterfly is at that time. magnitude which increases the potential warranted, an immediate proposal to list for isolation of populations and, in turn, this species is precluded by other higher Listing Priority Number increases the risk of extirpation priority listings, which we address The Service adopted guidelines on rangewide. below. September 21, 1983 (48 FR 43098) to Under our LPN guidelines, the second We will continue to monitor the establish a rational system for utilizing criterion we consider in assigning a threats to Hermes copper butterfly, and available resources for the highest listing priority is the immediacy of the species’ status on an annual basis, priority species when adding species to threats. This criterion is intended to and should the magnitude or the the Lists of Endangered or Threatened ensure that the species that face actual, imminence of the threats change, we Wildlife and Plants or reclassifying identifiable threats are given priority will revisit our assessment of the LPN. species listed as threatened to over those for which threats are only Work on a proposed listing endangered status. The system places potential or that are intrinsically determination for Hermes copper

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butterfly is precluded by work on higher with critical habitat, $345,000; and for funds in the listing cap, other than those priority listing actions with absolute a final listing rule with critical habitat, needed to address court-mandated statutory, court-ordered, or court- $305,000. critical habitat for already listed species, approved deadlines and final listing We cannot spend more than is set the limits on our determinations of determinations for those species that appropriated for the Listing Program preclusion and expeditious progress. were proposed for listing with funds without violating the Anti-Deficiency Congress identified the availability of from Fiscal Year 2011. This work Act (see 31 U.S.C. 1341(a)(1)(A)). In resources as the only basis for deferring includes all the actions listed in the addition, in FY 1998 and for each fiscal the initiation of a rulemaking that is tables below under expeditious year since then, Congress has placed a warranted. The Conference Report progress. statutory cap on funds that may be accompanying Public Law 97–304 expended for the Listing Program, equal (Endangered Species Act Amendments Preclusion and Expeditious Progress to the amount expressly appropriated of 1982), which established the current Preclusion is a function of the listing for that purpose in that fiscal year. This statutory deadlines and the warranted- priority of a species in relation to the cap was designed to prevent funds but-precluded finding, states that the resources that are available and the cost appropriated for other functions under amendments were ‘‘not intended to and relative priority of competing the Act (for example, recovery funds for allow the Secretary to delay demands for those resources. Thus, in removing species from the Lists), or for commencing the rulemaking process for any given fiscal year (FY), multiple other Service programs, from being used any reason other than that the existence factors dictate whether it will be for Listing Program actions (see House of pending or imminent proposals to list possible to undertake work on a listing Report 105–163, 105th Congress, 1st species subject to a greater degree of proposal or whether promulgation of Session, July 1, 1997). threat would make allocation of such a proposal is precluded by higher Since FY 2002, the Service’s budget resources to such a petition [that is, for priority listing actions. has included a critical habitat subcap to a lower-ranking species] unwise.’’ The resources available for listing ensure that some funds are available for Although that statement appeared to actions are determined through the other work in the Listing Program (‘‘The refer specifically to the ‘‘to the annual Congressional appropriations critical habitat designation subcap will maximum extent practicable’’ limitation process. The appropriation for the ensure that some funding is available to on the 90-day deadline for making a Listing Program is available to support address other listing activities’’ (House ‘‘substantial information’’ finding (see 16 work involving the following listing Report No. 107–103, 107th Congress, 1st U.S.C. 1533(b)(3)(A)), that finding is actions: Proposed and final listing rules; Session, June 19, 2001)). In FY 2002 and made at the point when the Service is 90-day and 12-month findings on each year until FY 2006, the Service has deciding whether or not to commence a petitions to add species to the Lists of had to use virtually the entire critical status review that will determine the Endangered and Threatened Wildlife habitat subcap to address court- degree of threats facing the species, and and Plants (Lists) or to change the status mandated designations of critical therefore the analysis underlying the of a species from threatened to habitat, and consequently none of the statement is more relevant to the use of endangered; annual ‘‘resubmitted’’ critical habitat subcap funds have been the warranted-but-precluded finding, petition findings on prior warranted- available for other listing activities. In which is made when the Service has but-precluded petition findings as some FYs since 2006, we have been able already determined the degree of threats required under section 4(b)(3)(C)(i) of to use some of the critical habitat facing the species and is deciding the Act; critical habitat petition subcap funds to fund proposed listing whether or not to commence a findings; proposed and final rules determinations for high-priority rulemaking. designating critical habitat; and candidate species. In other FYs, while In FY 2011, on March 18, 2010, litigation-related, administrative, and we were unable to use any of the critical Congress passed a continuing resolution program-management functions habitat subcap funds to fund proposed which provides funding at the FY 2010 (including preparing and allocating listing determinations, we did use some enacted level through April 8, 2011. budgets, responding to Congressional of this money to fund the critical habitat Until Congress appropriates funds for and public inquiries, and conducting portion of some proposed listing FY 2011 at a different level, we will public outreach regarding listing and determinations so that the proposed fund listing work based on the FY 2010 critical habitat). The work involved in listing determination and proposed amount. Thus, at this time in FY 2011, preparing various listing documents can critical habitat designation could be the Service anticipates an appropriation be extensive and may include, but is not combined into one rule, thereby being of $22,103,000 based on FY 2010 limited to: Gathering and assessing the more efficient in our work. At this time, appropriations. Of that, the Service best scientific and commercial data for FY 2011, we do not know if we will must dedicate $11,632,000 for available and conducting analyses used be able to use some of the critical determinations of critical habitat for as the basis for our decisions; writing habitat subcap funds to fund proposed already listed species. Also $500,000 is and publishing documents; and listing determinations. appropriated for foreign species listings obtaining, reviewing, and evaluating We make our determinations of under the Act. The Service thus has public comments and peer review preclusion on a nationwide basis to $9,971,000 available to fund work in the comments on proposed rules and ensure that the species most in need of following categories: compliance with incorporating relevant information into listing will be addressed first and also court orders and court-approved final rules. The number of listing because we allocate our listing budget settlement agreements requiring that actions that we can undertake in a given on a nationwide basis. Through the petition findings or listing year also is influenced by the listing cap, the critical habitat subcap, determinations be completed by a complexity of those listing actions; that and the amount of funds needed to specific date; section 4 (of the Act) is, more complex actions generally are address court-mandated critical habitat listing actions with absolute statutory more costly. The median cost for designations, Congress and the courts deadlines; essential litigation-related, preparing and publishing a 90-day have in effect determined the amount of administrative, and listing program- finding is $39,276; for a 12-month money available for other listing management functions; and high- finding, $100,690; for a proposed rule activities nationwide. Therefore, the priority listing actions for some of our

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candidate species. In FY 2010, the candidate species (48 FR 43098), we efficiency reasons, we may choose to Service received many new petitions have a significant number of species work on a proposed rule to reclassify a and a single petition to list 404 species. with a LPN of 2. Using these guidelines, species to endangered if we can The receipt of petitions for a large we assign each candidate an LPN of 1 combine this with work that is subject number of species is consuming the to 12, depending on the magnitude of to a court-determined deadline. Service’s listing funding that is not threats (high or moderate to low), With our workload so much bigger dedicated to meeting court-ordered immediacy of threats (imminent or than the amount of funds we have to commitments. Absent some ability to nonimminent), and taxonomic status of accomplish it, it is important that we be balance effort among listing duties the species (in order of priority: as efficient as possible in our listing under existing funding levels, it is monotypic genus (a species that is the process. Therefore, as we work on unlikely that the Service will be able to sole member of a genus); species; or part proposed rules for the highest priority initiate any new listing determinations of a species (subspecies, distinct species in the next several years, we are population segment, or significant for candidate species in FY 2011. preparing multi-species proposals when In 2009, the responsibility for listing portion of the range)). The lower the appropriate, and these may include foreign species under the Act was listing priority number, the higher the species with lower priority if they transferred from the Division of listing priority (that is, a species with an overlap geographically or have the same Scientific Authority, International LPN of 1 would have the highest listing threats as a species with an LPN of 2. Affairs Program, to the Endangered priority). In addition, we take into consideration Species Program. Therefore, starting in Because of the large number of high- the availability of staff resources when FY 2010, we used a portion of our priority species, we have further ranked we determine which high-priority funding to work on the actions the candidate species with an LPN of 2 species will receive funding to described above for listing actions by using the following extinction-risk minimize the amount of time and related to foreign species. In FY 2011, type criteria: International Union for the resources required to complete each we anticipate using $1,500,000 for work Conservation of Nature and Natural listing action. on listing actions for foreign species, Resources (IUCN) Red list status/rank; which reduces funding available for Heritage rank (provided by As explained above, a determination domestic listing actions; however, NatureServe); Heritage threat rank that listing is warranted but precluded currently only $500,000 has been (provided by NatureServe); and species must also demonstrate that expeditious allocated for this function. Although currently with fewer than 50 progress is being made to add and there are no foreign species issues individuals, or 4 or fewer populations. remove qualified species to and from included in our high-priority listing Those species with the highest IUCN the Lists of Endangered and Threatened actions at this time, many actions have rank (critically endangered); the highest Wildlife and Plants. As with our statutory or court-approved settlement Heritage rank (G1); the highest Heritage ‘‘warranted-but-precluded’’ finding, the deadlines, thus increasing their priority. threat rank (substantial, imminent evaluation of whether progress in The budget allocations for each specific threats); and currently with fewer than adding qualified species to the Lists has listing action are identified in the 50 individuals, or fewer than 4 been expeditious is a function of the Service’s FY 2011 Allocation Table (part populations, originally comprised a resources available for listing and the of our administrative record). group of approximately 40 candidate competing demands for those funds. For the above reasons, funding a species (‘‘Top 40’’). These 40 candidate (Although we do not discuss it in detail proposed listing determination for the species have had the highest priority to here, we are also making expeditious Hermes copper butterfly is precluded by receive funding to work on a proposed progress in removing species from the court-ordered and court-approved listing determination. As we work on list under the Recovery program in light settlement agreements, listing actions proposed and final listing rules for those of the resource available for delisting, with absolute statutory deadlines, work 40 candidates, we apply the ranking which is funded by a separate line item on final listing determinations for those criteria to the next group of candidates in the budget of the Endangered Species species that were proposed for listing with an LPN of 2 and 3 to determine the Program. So far during FY 2011, we with funds from FY 2011, and work on next set of highest priority candidate have completed one delisting rule; see proposed listing determinations for species. Finally, proposed rules for 76 FR 3029.) Given the limited those candidate species with a higher reclassification of threatened species to resources available for listing, we find listing priority (i.e., candidate species endangered are lower priority, because that we are making expeditious progress with LPNs of 1 to 4). as listed species, they are already in FY 2011. This progress includes Based on our September 21, 1983, afforded the protections of the Act and preparing and publishing the following guidelines for assigning an LPN for each implementing regulations. However, for determinations:

FY 2011 COMPLETED LISTING ACTIONS

Publication date Title Actions FR pages

10/6/2010 ..... Endangered Status for the Altamaha Spinymussel and Designation Proposed Listing, Endangered .... 75 FR 61664–61690. of Critical Habitat. 10/7/2010 ..... 12-Month Finding on a Petition to list the Sacramento Splittail as Notice of 12-month petition find- 75 FR 62070–62095. Endangered or Threatened. ing, Not warranted. 10/28/2010 ... Endangered Status and Designation of Critical Habitat for Proposed Listing, Endangered 75 FR 66481–66552. Spikedace and Loach Minnow. (uplisting). 11/2/2010 ..... 90-Day Finding on a Petition to List the Bay Springs Salamander Notice of 90-day Petition Finding, 75 FR 67341–67343. as Endangered. Not substantial. 11/2/2010 ..... Determination of Endangered Status for the Georgia Pigtoe Mus- Final Listing, Endangered ...... 75 FR 67511–67550. sel, Interrupted Rocksnail, and Rough Hornsnail and Designa- tion of Critical Habitat.

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FY 2011 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR pages

11/2/2010 ..... Listing the Rayed Bean and Snuffbox as Endangered ...... Proposed Listing, Endangered .... 75 FR 67551–67583. 11/4/2010 ..... 12-Month Finding on a Petition to List Cirsium wrightii (Wright’s Notice of 12-month petition find- 75 FR 67925–67944. Marsh Thistle) as Endangered or Threatened. ing, Warranted but precluded. 12/14/2010 ... Endangered Status for Dunes Sagebrush Lizard ...... Proposed Listing, Endangered .... 75 FR 77801–77817. 12/14/2010 ... 12-Month Finding on a Petition to List the North American Wol- Notice of 12-month petition find- 75 FR 78029–78061. verine as Endangered or Threatened. ing, Warranted but precluded. 12/14/2010 ... 12-Month Finding on a Petition to List the Sonoran Population of Notice of 12-month petition find- 75 FR 78093–78146. the Desert Tortoise as Endangered or Threatened. ing, Warranted but precluded. 12/15/2010 ... 12-Month Finding on a Petition to List Astragalus microcymbus Notice of 12-month petition find- 75 FR 78513–78556. and Astragalus schmolliae as Endangered or Threatened. ing, Warranted but precluded. 12/28/2010 ... Listing Seven Brazilian Bird Species as Endangered Throughout Final Listing, Endangered ...... 75 FR 81793–81815. Their Range. 1/4/2011 ...... 90-Day Finding on a Petition to List the Red Knot subspecies Notice of 90-day Petition Finding, 76 FR 304–311. Calidris canutus roselaari as Endangered. Not substantial. 1/19/2011 ..... Endangered Status for the Sheepnose and Spectaclecase Mussels Proposed Listing, Endangered .... 76 FR 3392–3420. 2/10/2011 ..... 12-Month Finding on a Petition to List the Pacific Walrus as En- Notice of 12-month petition find- 76 FR 7634–7679. dangered or Threatened. ing, Warranted but precluded. 2/17/2011 ..... 90-Day Finding on a Petition to List the Sand Verbena Moth as Notice of 90-day Petition Finding, 76 FR 9309–9318. Endangered or Threatened. Substantial. 2/22/2011 ..... Determination of Threatened Status for the New Zealand-Australia Final Listing, Threatened ...... 76 FR 9681–9692. Distinct Population Segment of the Southern Rockhopper Pen- guin. 2/22/2011 ..... 12-Month Finding on a Petition to List Solanum conocarpum (mar- Notice of 12-month petition find- 76 FR 9722–9733. ron bacora) as Endangered. ing, Warranted but precluded. 2/23/2011 ..... 12-Month Finding on a Petition to List Thorne’s Hairstreak Butterfly Notice of 12-month petition find- 76 FR 991–1003. as Endangered. ing, Not warranted. 2/23/2011 ..... 12-Month Finding on a Petition to List Astragalus hamiltonii, Notice of 12-month petition find- 76 FR 10166–10203. Penstemon flowersii, Eriogonum soredium, Lepidium ostleri, and ing, Warranted but precluded & Trifolium friscanum as Endangered or Threatened. Not Warranted. 2/24/2011 ..... 90-Day Finding on a Petition to List the Wild Plains Bison or Each Notice of 90-day Petition Finding, 76 FR 10299–10310. of Four Distinct Population Segments as Threatened. Not substantial. 2/24/2011 ..... 90-Day Finding on a Petition to List the Unsilvered Fritillary But- Notice of 90-day Petition Finding, 76 FR 10310–10319. terfly as Threatened or Endangered. Not substantial. 3/8/2011 ...... 12-Month Finding on a Petition to List the Mt. Charleston Blue But- Notice of 12-month petition find- 76 FR 12667–12683. terfly as Endangered or Threatened. ing, Warranted but precluded. 3/8/2011 ...... 90-Day Finding on a Petition to List the Texas Kangaroo Rat as Notice of 90-day Petition Finding, 76 FR 12683–12690. Endangered or Threatened. Substantial. 3/10/2011 ..... Initiation of Status Review for Longfin Smelt ...... Notice of Status Review ...... 76 FR 13121–31322. 3/15/2011 ..... Withdrawal of Proposed Rule to List the Flat-tailed Horned Lizard Proposed rule withdrawal ...... 76 FR 14210–14268. as Threatened. 3/22/2011 ..... 12-Month Finding on a Petition to List the Berry Cave Salamander Notice of 12-month petition find- 76 FR 15919–15932. as Endangered. ing, Warranted but precluded. 4/1/2011 ...... 90-Day Finding on a Petition to List the Spring Pygmy Sunfish as Notice of 90-day Petition Finding, 76 FR 18138–18143. Endangered. Substantial. 4/5/2011 ...... 12-Month Finding on a Petition to List the Bearmouth Notice of 12-month petition find- 76 FR 18684–18701. Mountainsnail, Byrne Resort Mountainsnail, and Meltwater ing, Not Warranted and War- Lednian Stonefly as Endangered or Threatened. ranted but precluded. 4/5/2011 ...... 90-Day Finding on a Petition To List the Peary Caribou and Dol- Notice of 90-day Petition Finding, 76 FR 18701–18706. phin and Union population of the Barren-ground Caribou as En- Substantial. dangered or Threatened.

Our expeditious progress also statutory timelines, that is, timelines a lower priority if they overlap includes work on listing actions that we required under the Act. Actions in the geographically or have the same threats funded in FY 2010 and FY 2011 but bottom section of the table are high- as the species with the high priority. have not yet been completed to date. priority listing actions. These actions Including these species together in the These actions are listed below. Actions include work primarily on species with same proposed rule results in in the top section of the table are being an LPN of 2, and, as discussed above, considerable savings in time and conducted under a deadline set by a selection of these species is partially funding, when compared to preparing court. Actions in the middle section of based on available staff resources, and separate proposed rules for each of them the table are being conducted to meet when appropriate, include species with in the future.

ACTIONS FUNDED IN FY 2010 AND FY 2011 BUT NOT YET COMPLETED

Species Action

Actions Subject to Court Order/Settlement Agreement

Mountain plover 4 ...... Final listing determination.

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ACTIONS FUNDED IN FY 2010 AND FY 2011 BUT NOT YET COMPLETED—Continued

Species Action

Hermes copper butterfly 3 ...... 12-month petition finding. 4 parrot species (military macaw, yellow-billed parrot, red-crowned parrot, scarlet macaw) 5 ...... 12-month petition finding. 4 parrot species (blue-headed macaw, great green macaw, grey-cheeked parakeet, hyacinth macaw) 5 ...... 12-month petition finding. 4 parrots species (crimson shining parrot, white cockatoo, Philippine cockatoo, yellow-crested cockatoo) 5 ...... 12-month petition finding. Utah prairie dog (uplisting) ...... 90-day petition finding.

Actions With Statutory Deadlines

Casey’s june beetle ...... Final listing determination. 6 Birds from Eurasia ...... Final listing determination. 5 Bird species from Colombia and Ecuador ...... Final listing determination. Queen Charlotte goshawk ...... Final listing determination. 5 species southeast fish (Cumberland darter, rush darter, yellowcheek darter, chucky madtom, and laurel dace) 4 .. Final listing determination. Ozark hellbender 4 ...... Final listing determination. Altamaha spinymussel 3 ...... Final listing determination. 3 Colorado plants (Ipomopsis polyantha (Pagosa Skyrocket), Penstemon debilis (Parachute Beardtongue), and Final listing determination. Phacelia submutica (DeBeque Phacelia)) 4. Salmon crested cockatoo ...... Final listing determination. 6 Birds from Peru & Bolivia ...... Final listing determination. Loggerhead sea turtle (assist National Marine Fisheries Service) 5 ...... Final listing determination. 2 mussels (rayed bean (LPN = 2), snuffbox No LPN) 5 ...... Final listing determination. CA golden trout 4 ...... 12-month petition finding. Black-footed albatross ...... 12-month petition finding. Mojave fringe-toed lizard 1 ...... 12-month petition finding. Kokanee—Lake Sammamish population 1 ...... 12-month petition finding. Cactus ferruginous pygmy-owl 1 ...... 12-month petition finding. Northern leopard frog ...... 12-month petition finding. Tehachapi slender salamander ...... 12-month petition finding. Coqui Llanero ...... 12-month petition finding/ Proposed listing. Dusky tree vole ...... 12-month petition finding. 5 WY plants (Abronia ammophila, Agrostis rossiae, Astragalus proimanthus, Boechere (Arabis) pusilla, Penstemon 12-month petition finding. gibbensii) from 206 species petition. Leatherside chub (from 206 species petition) ...... 12-month petition finding. Frigid ambersnail (from 206 species petition) 3 ...... 12-month petition finding. Platte River caddisfly (from 206 species petition) 5 ...... 12-month petition finding. Gopher tortoise—eastern population ...... 12-month petition finding. Grand Canyon scorpion (from 475 species petition) ...... 12-month petition finding. Anacroneuria wipukupa (a stonefly from 475 species petition) 4 ...... 12-month petition finding. 3 Texas moths (Ursia furtiva, Sphingicampa blanchardi, Agapema galbina) (from 475 species petition) ...... 12-month petition finding. 2 Texas shiners (Cyprinella sp., Cyprinella lepida) (from 475 species petition) ...... 12-month petition finding. 3 South Arizona plants (Erigeron piscaticus, Astragalus hypoxylus, Amoreuxia gonzalezii) (from 475 species peti- 12-month petition finding. tion). 5 Central Texas mussel species (3 from 475 species petition) ...... 12-month petition finding. 14 parrots (foreign species) ...... 12-month petition finding. Striped newt 1 ...... 12-month petition finding. Fisher—Northern Rocky Mountain Range 1 ...... 12-month petition finding. Mohave ground squirrel 1 ...... 12-month petition finding. Puerto Rico harlequin butterfly 3 ...... 12-month petition finding. Western gull-billed tern ...... 12-month petition finding. Ozark chinquapin (Castanea pumila var. ozarkensis) 4 ...... 12-month petition finding. HI yellow-faced bees ...... 12-month petition finding. Giant Palouse earthworm ...... 12-month petition finding. Whitebark pine ...... 12-month petition finding. OK grass pink (Calopogon oklahomensis) 1 ...... 12-month petition finding. Ashy storm-petrel 5 ...... 12-month petition finding. Honduran emerald ...... 12-month petition finding. Southeastern pop snowy plover & wintering pop. of piping plover 1 ...... 90-day petition finding. Eagle Lake trout 1 ...... 90-day petition finding. Smooth-billed ani 1 ...... 90-day petition finding. 32 Pacific Northwest mollusks species (snails and slugs) 1 ...... 90-day petition finding. 42 snail species (Nevada & Utah) ...... 90-day petition finding. Peary caribou ...... 90-day petition finding. Spring Mountains checkerspot butterfly ...... 90-day petition finding. Spring pygmy sunfish ...... 90-day petition finding. Bay skipper ...... 90-day petition finding. Spot-tailed earless lizard ...... 90-day petition finding. Eastern small-footed bat ...... 90-day petition finding. Northern long-eared bat ...... 90-day petition finding. Prairie chub ...... 90-day petition finding. 10 species of Great Basin butterfly ...... 90-day petition finding. 6 sand dune (scarab) beetles ...... 90-day petition finding.

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ACTIONS FUNDED IN FY 2010 AND FY 2011 BUT NOT YET COMPLETED—Continued

Species Action

Golden-winged warbler 4 ...... 90-day petition finding. 404 Southeast species ...... 90-day petition finding. Franklin’s bumble bee 4 ...... 90-day petition finding. 2 Idaho snowflies (straight snowfly & Idaho snowfly) 4 ...... 90-day petition finding. American eel 4 ...... 90-day petition finding. Gila monster (Utah population) 4 ...... 90-day petition finding. Arapahoe snowfly 4 ...... 90-day petition finding. Leona’s little blue 4 ...... 90-day petition finding. Aztec gilia 5 ...... 90-day petition finding. White-tailed ptarmigan 5 ...... 90-day petition finding. San Bernardino flying squirrel 5 ...... 90-day petition finding. Bicknell’s thrush 5 ...... 90-day petition finding. Chimpanzee ...... 90-day petition finding. Sonoran talussnail 5 ...... 90-day petition finding. 2 AZ Sky Island plants (Graptopetalum bartrami & Pectis imberbis) 5 ...... 90-day petition finding. I’iwi 5 ...... 90-day petition finding.

High-Priority Listing Actions

19 Oahu candidate species 2 (16 plants, 3 damselflies) (15 with LPN = 2, 3 with LPN = 3, 1 with LPN = 9) ...... Proposed listing. 19 Maui-Nui candidate species 2 (16 plants, 3 tree snails) (14 with LPN = 2, 2 with LPN = 3, 3 with LPN = 8) ...... Proposed listing. 2 Arizona springsnails 2 (Pyrgulopsis bernadina (LPN = 2), Pyrgulopsis trivialis (LPN = 2)) ...... Proposed listing. Chupadera springsnail 2 (Pyrgulopsis chupaderae (LPN = 2)) ...... Proposed listing. 8 Gulf Coast mussels (southern kidneyshell (LPN = 2), round ebonyshell (LPN = 2), Alabama pearlshell (LPN = 2), Proposed listing. southern sandshell (LPN = 5), fuzzy pigtoe (LPN = 5), Choctaw bean (LPN = 5), narrow pigtoe (LPN = 5), and tapered pigtoe (LPN = 11)) 4. Umtanum buckwheat (LPN = 2) and white bluffs bladderpod (LPN = 9) 4 ...... Proposed listing. Grotto sculpin (LPN = 2) 4 ...... Proposed listing. 2 Arkansas mussels (Neosho mucket (LPN = 2) & rabbitsfoot (LPN = 9)) 4 ...... Proposed listing. Diamond darter (LPN = 2) 4 ...... Proposed listing. Gunnison sage-grouse (LPN = 2) 4 ...... Proposed listing. Coral Pink Sand Dunes Tiger Beetle (LPN = 2) 5 ...... Proposed listing. Miami blue (LPN = 3) 3 ...... Proposed listing. Lesser prairie chicken (LPN = 2) ...... Proposed listing. 4 Texas salamanders (Austin blind salamander (LPN = 2), Salado salamander (LPN = 2), Georgetown salamander Proposed listing. (LPN = 8), Jollyville Plateau (LPN = 8)) 3. 5 SW aquatics (Gonzales Spring Snail (LPN = 2), Diamond Y springsnail (LPN = 2), Phantom springsnail (LPN = Proposed listing. 2), Phantom Cave snail (LPN = 2), Diminutive amphipod (LPN = 2)) 3. 2 Texas plants (Texas golden gladecress (Leavenworthia texana) (LPN = 2), Neches River rose-mallow (Hibiscus Proposed listing. dasycalyx) (LPN = 2)) 3. 4 AZ plants (Acuna cactus (Echinomastus erectocentrus var. acunensis) (LPN = 3), Fickeisen plains cactus Proposed listing. (Pediocactus peeblesianus fickeiseniae) (LPN = 3), Lemmon fleabane (Erigeron lemmonii) (LPN = 8), Gierisch mallow (Sphaeralcea gierischii) (LPN = 2)) 5. FL bonneted bat (LPN = 2) 3 ...... Proposed listing. 3 Southern FL plants (Florida semaphore cactus (Consolea corallicola) (LPN = 2), shellmound applecactus Proposed listing. (Harrisia (=Cereus) aboriginum (=gracilis)) (LPN = 2), Cape Sable thoroughwort (Chromolaena frustrata) (LPN = 2)) 5. 21 Big Island (HI) species 5 (includes 8 candidate species—5 plants & 3 animals; 4 with LPN = 2, 1 with LPN = 3, Proposed listing. 1 with LPN = 4, 2 with LPN = 8). 12 Puget Sound prairie species (9 subspecies of pocket gopher (Thomomys mazama ssp.) (LPN = 3), streaked Proposed listing. horned lark (LPN = 3), Taylor’s checkerspot (LPN = 3), Mardon skipper (LPN = 8)) 3. 2 TN River mussels (fluted kidneyshell (LPN = 2), slabside pearlymussel (LPN = 2)) 5 ...... Proposed listing. Jemez Mountain salamander (LPN = 2) 5 ...... Proposed listing. 1 Funds for listing actions for these species were provided in previous FYs. 2 Although funds for these high-priority listing actions were provided in FY 2008 or 2009, due to the complexity of these actions and competing priorities, these actions are still being developed. 3 Partially funded with FY 2010 funds and FY 2011 funds. 4 Funded with FY 2010 funds. 5 Funded with FY 2011 funds.

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We have endeavored to make our becomes available. This review will from the Carlsbad Fish and Wildlife listing actions as efficient and timely as determine if a change in status is Office (see ADDRESSES). possible, given the requirements of the warranted, including the need to make Authors relevant law and regulations, and prompt use of emergency listing constraints relating to workload and procedures. The primary authors of this notice are personnel. We are continually We intend that any proposed the staff members of the Carlsbad Fish considering ways to streamline classification of the Hermes copper and Wildlife Office. butterfly will be as accurate as possible. processes or achieve economies of scale, Authority such as by batching related actions Therefore, we will continue to accept together. Given our limited budget for additional information and comments The authority for this action is section implementing section 4 of the Act, these from all concerned governmental 4 of the Endangered Species Act of actions described above collectively agencies, the scientific community, 1973, as amended (16 U.S.C. 1531 et constitute expeditious progress. industry, or any other interested party seq.). concerning this finding. The Hermes copper butterfly will be Dated: March 29, 2011. added to the list of candidate species References Cited Rowan W. Gould, upon publication of this 12-month A complete list of references cited is Acting Director, Fish and Wildlife Service. finding. We will continue to monitor the available on the internet at http:// [FR Doc. 2011–9028 Filed 4–13–11; 8:45 am] status of this species as new information www.regulations.gov and upon request BILLING CODE 4310–55–P

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