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viable population size for Casey’s June ensure the status review is Therefore, are not initiating a status beetle, nor is there any substantial comprehensive, we are soliciting review in response to this petition. We information concerning the population scientific and commercial information ask the public to submit to us any new dynamics of the species. No information regarding this species. Under the terms information that becomes available was provided in the petition, and we are of a settlement agreement, we are concerning the status of the species or not aware of any information regarding required to make a 12-month finding threats to it. any genetic analyses of the species to determining whether listing the Casey’s DATES: The finding announced in this determine the presence of skewed sex June beetle is warranted on or before document was made on August 8, 2006. ratios or inbreeding. Therefore, we find June 30, 2007. ADDRESSES: The complete file for this the petition, supporting information, The petitioners also requested critical finding is available for public and information readily available to the habitat be designated for this species. inspection, by appointment, during Service does not present substantial We consider the need for critical habitat normal business hours at the Carlsbad information for this factor indicating designation when listing species. If we Fish and Wildlife Office, U.S. Fish and that the petitioned action may be determine in our 12-month finding that Wildlife Service, 6010 Hidden Valley warranted. listing of Casey’s June beetle is Road, Carlsbad, CA 92011. New Finding warranted, we will address the information, materials, comments, or designation of critical habitat in a questions concerning this species may The petition focused on three of the subsequent proposed rule. five listing factors: (A) The Present or be submitted to us at any time at the Threatened Destruction, Modification, References Cited above address. FOR FURTHER INFORMATION CONTACT: Jim or Curtailment of the Species’ Habitat or A complete list of all references cited Bartel, Field Supervisor, Carlsbad Fish Range; (B) the Inadequacy of Existing herein is available, upon request, from and Wildlife Office (see ADDRESSES Regulatory Mechanisms; and (C) Other the Carlsbad Fish and Wildlife Office section above), by telephone at 760– Natural or Manmade Factors Affecting (see ADDRESSES). the Species’ Continued Existence. 431–9440, or by facsimile to 760–431– Specifically, under Factor A, the Author 9624. Persons who use a petition indicates the range of the The primary author of this document telecommunications device for the deaf Casey’s June beetle has been greatly is the staff of the Carlsbad Fish and (TDD) may call the Federal Information reduced and is threatened by habitat Wildlife Office (see ADDRESSES). Relay Service (FIRS) at 800–877–8339, removal from continued urban 24 hours a day, 7 days a week. development. This is corroborated by Authority SUPPLEMENTARY INFORMATION: information in the Service’s files. The The authority for this action is the Background petition also presents information under Endangered Species Act of 1973, as Factor D suggesting that the existing amended (16 U.S.C. 1531 et seq.). Section 4(b)(3)(A) of the Endangered regulatory mechanisms, such as CEQA Species Act of 1973, as amended (Act) Dated: July 28, 2006. and NEPA, are inadequate to protect the (16 U.S.C. 1531 et seq.) requires that we Casey’s June beetle and its habitat. Kenneth Stansell, make a finding on whether a petition to Additionally, while the Casey’s June Acting Director, U.S. Fish and Wildlife list, delist, or reclassify a species beetle was initially a covered species Service. presents substantial information to under the Coachella Valley MSHCP, the [FR Doc. E6–12579 Filed 8–7–06; 8:45 am] indicate that the petitioned action may finalized version of that plan does not BILLING CODE 4310–55–P be warranted. To the maximum extent cover the species. The petition also practicable, this finding is to be made presents information regarding within 90 days of receipt of the petition, additional threats under Factor E, such DEPARTMENT OF THE INTERIOR and the finding is to be published in the as drowning in lighted swimming pools, Fish and Wildlife Service Federal Register. direct mortality by vehicles, and This finding summarizes information reduced genetic exchange due to a included in the petition and information 50 CFR Part 17 reduced population size. We are not available to us at the time of the petition aware, however, of any substantial Endangered and Threatened Wildlife review. A 90-day finding under section information to suggest that any of the and Plants; 90-Day Finding on a 4(b)(3)(A) of the Act and § 424.14(b) of threats described under Factor E would Petition to List the Hermes Copper our regulations is limited to a threaten the existence of the Casey’s Butterfly as Endangered determination of whether the June beetle. information in the petition meets the According to the petition, five AGENCY: Fish and Wildlife Service, ‘‘substantial information’’ threshold. ‘‘imminent’’ projects would destroy over Interior. Substantial information is ‘‘that amount 11 percent of Casey’s June beetle habitat ACTION: Notice of 90-day petition of information that would lead a in Palm Springs. As cited in the finding. reasonable person to believe that the petition, two of the five projects (Monte measure proposed in the petition may Sereno and El Portal) considered SUMMARY: We, the U.S. Fish and be warranted’’ (50 CFR 424.14(b)). imminent had been approved by the Wildlife Service (Service), announce a City Council at the time we received the 90-day finding on a petition to list the Previous Federal Action petition in 2004. Hermes copper butterfly (Hermelycaena The Hermes copper butterfly was After this review and evaluation, we [Lycaena] hermes) as an endangered included as a Category 2 candidate find the petition presents substantial species under the Endangered Species species in our November 21, 1991 (56 scientific or commercial information Act of 1973, as amended. We find the FR 58804), and November 15, 1994 (59 indicating that listing of Casey’s June petition does not present substantial FR 58982), Candidate Notices of Review beetle may be warranted. Therefore, we scientific or commercial information (CNOR). Category 2 included taxa for are initiating a status review to indicating that listing the Hermes which information in the Service’s determine if listing is warranted. To copper butterfly may be warranted. possession indicated that a proposed

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listing rule was possibly appropriate, butterflies as endangered from David Species Information but for which sufficient data on Hogan of the Center for Biological Taxonomy biological vulnerability and threats were Diversity. The petitioner also sought not available to support a proposed rule. emergency listing protection for The Hermes copper butterfly was first In the CNOR published on February 28, Thorne’s hairstreak and designation of described as Chrysophanus hermes by 1996 (61 FR 7595), the Service critical habitat for both butterfly species Edwards in 1870 (cited in Thorne 1963). announced a revised list of plant and concurrent with listing, if warranted. Comstock placed the species in the animal taxa that were regarded as Included in the petition was genus Tharsalea in 1927 (cited in candidates for possible addition to the information regarding the species’ Thorne 1963). According to Faulkner Lists of Endangered and Threatened taxonomy, biology, ecology, historical and Klein (2005), Hoffman moved it to Wildlife and Plants. The revised and current distribution, present status, the genus Lycaena in 1940. In a candidate list included only former subsequent study of American copper Category 1 species. All former Category and potential causes of decline and imminent threats. In a letter dated May butterflies, Miller and Brown (1979) 2 species were dropped from the list in placed the species in the monotypic 9, 2005, the Service determined that order to reduce confusion about the genus Hermelycaena on the basis of despite apparent threats to the Thorne’s conservation status of these species, and anatomical features that resemble two to clarify that the Service no longer hairstreak butterfly, such threats did not butterfly genera and other unique regarded these species as candidates for appear to be of a magnitude and severity morphological characters. The authors listing. Since the Hermes copper to warrant emergency listing. In our concluded the Hermes copper butterfly butterfly was a Category 2 species, it response, we also advised the petitioner was ‘‘perhaps * * * our most evolved was no longer recognized as a candidate that we had insufficient funds to Copper.’’ In an allozyme phylogenetic species as of the February 28, 1996, respond to the petition at that time. On study of North American copper CNOR. March 15, 2005, we received a 60-day butterflies, Pratt and Wright (2002) On June 4, 1991, the Service received notice of intent to sue filed by the suggested that the Hermes copper a petition dated May 27, 1991, from Center for Biological Diversity for lack butterfly ‘‘could belong to a separate David Hogan of the San Diego of response to the Hermes copper and genus or subgenus.’’ Lycaena hermes is Biodiversity Project to list the Hermes Thorne’s hairstreak butterfly petition. the name predominantly used in recent copper butterfly, Laguna Mountains On October 18, 2005, the Center for literature (North American Butterfly skipper (Pyrgus ruralis lagunae), Biological Diversity filed a complaint Association 2001; Opler and Warren Harbison’s dun skipper (Euphyes for declaratory and injunctive relief 2003; Faulkner and Klein 2005), and we vestries harbinsoni), and Thorne’s challenging our failure to make the recognize it as such for the purposes of hairstreak butterfly (Callophrys this finding. [Mitoura] grynea thornei) as endangered required 90-day findings for these two under the Act. In a Federal Register taxa. The Service agreed to submit 90- Description notice dated July 19, 1993 (58 FR day petition findings for Hermes copper The Hermes copper butterfly is a 38549), the Service announced its and Thorne’s hairstreak butterflies to small, brightly-colored butterfly finding on the petition. We found that the Federal Register by August 1, 2006, approximately 1 to 1.25 inches (2.5 to the petition presented substantial and if the 90-day findings was 3.2 centimeters) in length, with one tail information for the Laguna Mountains substantial, to submit 12-month findings on the hindwing. On the upperside, the skipper, but not for the other three to the Federal Register by June 1, 2007. forewing is brown with a yellow or butterflies. However, the finding also This notice constitutes our 90-day orange area enclosing several black concluded that other substantial finding on the petition to list the spots, and the hindwing has orange information existed to support a Hermes copper butterfly; the 90-day decision that listing may be warranted spots that may be merged into a band finding on the petition to list the along the margin. On the underside, the for Hermes copper butterfly, Harbison’s Thorne’s hairstreak butterfly will be dun skipper, and Thorne’s hairstreak forewing is yellow with 4 to 6 black published separately in the Federal spots, and the hindwing is bright yellow butterfly, and we announced our Register. intention to continue a formal status with 3 to 6 black spots (USGS 2006). review of these three species. In a In completing this 90-day finding, the Emmel and Emmel (1973) provide a proposed rule for the Laguna Mountain Service has reviewed not only the description of the early stages of the skipper and Quino checkerspot information submitted in the petition species (eggs, larvae, and pupae). butterflies published on August 4, 1994 but also information in our files. This The Hermes copper butterfly has a (59 FR 39868), we clarified that the includes all of the data we had obtained single flight period per year negative 90-day finding on the Hermes prior to the July 19, 1993, not (univoltine), and spends about two copper butterfly and the other two substantial finding that would have thirds of its life in the egg stage (Thorne butterflies ‘‘was made because sufficient been considered in an internal status 1963). The adult flight period is from information was not available regarding review (had one been completed), as mid-May through early July, depending the threats to and biological well as all of the information we have on elevation. Its peak flight period is vulnerability of these’’ butterflies (59 FR collected on this species to date. typically around June 10 for males and 39869). Though we have continued, and Further, based on all new information June 20 for females. Recent observations will continue, to collect available data and our analysis below, we have indicate that some diapausing (low on the Hermes copper butterfly and the determined that the petition does not metabolic rate resting stage) Hermes other two butterflies, we did not present substantial information copper butterfly eggs may remain in that state for multiple years as a drought complete a formal status review of indicating that listing the Hermes adaptation (Faulkner and Klein 2005). Hermes copper butterfly under section copper butterfly may be warranted or 4(b)(3)(A) of the Act. Eggs are laid singly on stems of its larval On October 25, 2004, the Service that a status review should be host plant, spiny redberry (Rhamnus received an updated petition to list the conducted. crocea) (Faulkner and Klein 2005). Hermes copper and Thorne’s hairstreak Pupation also occurs on spiny redberry.

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Males are territorial and perch on petitioner acknowledged such evidence not been resurveyed since the 1930s plants along the edge of trails (Thorne is anecdotal. (Fallbrook and Pala), 3 sites have 1963). Hermes copper butterflies are incomplete survey information Historical Range/Distribution rarely seen far from their host or nectar (surveyor name and/or date) (Scripps plants, and form geographically small Faulkner and Brown (1993) described Gateway, East Elliott Ranch, Flinn but locally abundant ‘‘colonies’’ that the known range of the Hermes copper Springs County Park), 3 sites were probably number in the hundreds. butterfly as from near Fallbrook in San proposed for residential development or These ‘‘colonies’’ are hypothesized to be Diego County, California, to 18 miles have been developed (the Crosby relatively independent from each other, (mi) (29 kilometer (km)) south of Santo property, Scripps Gateway, Presky/ even when in close proximity; inter- Tomas in Baja California Norte, Mexico Gonya property), and 5 sites were colony dispersal, which helps maintain (a north-south distance of burned in the 2003 fires (Mission Trails the gene pool, may be limited to approximately 155 mi (250 km)), and Regional Park, Crestridge Ecological occasional males (Thorne 1963; from near the immediate coast inland to Reserve, Sycamore Canyon Open Space Faulkner and Klein 2005). Mark-release- Pine Valley in San Diego County (an Preserve, Rancho Jamul Ecological recapture data recorded a maximum east-west distance of about 40 mi (65 Reserve, and portions of Miramar movement of 92 yards (84 meters) km)). Thorne’s (1963) map had 33 [Marine Corp Air Station]). However, as (Marschalek 2004). unnamed ‘‘known’’ colony locations, all indicated in Engelhard’s (2004a, 2004b) within San Diego County in the United assessment, much of the information Habitat States. about the status of the site relative to According to the petition, Hermes The Hermes copper butterfly is development, extent of development copper butterflies have been reported restricted to areas that contain its larval (e.g., area impacted), and fire was not approximately 100 mi (160 km) south of host plant, spiny redberry (Thorne 1963; determined at that time. Therefore, this the U.S.-Mexico border, yet only three Emmel and Emmel 1973). This plant is assessment did not constitute a populations have been identified a low-growing, spreading shrub with a complete review of the species’ status at (Brown et al. 1992). The petitioner widespread range that includes the that time. asserts the lack of Baja California Some of the sites identified as being coastal ranges of northern California, populations may reflect both a dearth of along the foothills of the Sierra Nevada, historically or currently occupied in the suitable habitat and survey efforts and petition are likely the same sites on the Channel Islands (including the cites surveys conducted east of Tecate Mexican islands), the Mojave Desert in identified by Engelhard (2004a, 2004b), that yielded negative results despite and both references likely utilized the southwestern Arizona, and south into extensive stands of high quality habitat Baja California Norte and Sonora, same sources of information. However, (D. Faulkner, pers. comm.) [document information used to create Table 1 in the Mexico (Thorne 1963; Sawyer 1993; not submitted with petition]. Flesch and Hahn 2005; Christie et al. petition was not provided by the petitioner; therefore it was not possible 2006). Spiny redberry commonly grows Current Range/Distribution for us to compare location information in coastal-sage scrub, chaparral, and According to the petition, the current available to us to that provided in the woodlands in California (Sawyer 1993). species’ distribution has been reduced petition. Therefore, it appears that Faulkner and Brown (1993) described to approximately 18 known populations between 18 (according to the petition) the habitat of the Hermes copper following years of continuing urban and 21 (Engelhard 2004a, 2004b) sites butterfly’s habitat as coastal sage scrub development and the huge wildfires of were considered occupied by Hermes and open southern mixed chaparral 2003. The petition included ‘‘Table 1: copper butterflies in 2004. communities in which spiny redberry Hermes Copper Populations and ‘‘is a common component.’’ The authors Status,’’ which outlines the site Population Estimates/Status further noted that ‘‘these habitat types location, estimated population at each According to the petition, the range from near sea level along the coast site, current land manager, and years the Crestridge Ecological Reserve supports to 1250 m [4,100 feet] at the western species has been observed at each site. the largest known population of the edge of the Laguna Mountains.’’ Habitat According to information in Table 1, species, and field surveys of the reserve consists of continuous stands of mixed Hermes copper butterflies have been between 1999 and 2001 revealed chaparral/sage scrub in well-drained observed, or specimens collected from, population fluctuations ranging from soil, usually found in canyon bottoms or 48 sites in San Diego County and 4 sites 1,000 butterflies in 2001, to one single on hillsides with a northern exposure. in Baja, Mexico, since the early 1900s. butterfly in 2002 (M. Klein pers. comm.) Host and nectar plants need to be in This table also highlights 22 sites [document not submitted with petition], close proximity to one another ‘‘presumed lost to fire,’’ 6 sites to 400 butterflies in 2003. The petitioner (Faulkner and Klein 2005). Adult ‘‘presumed lost to urban development,’’ asserted these fluctuations may be due butterflies are typically observed 2 sites that have ‘‘unknown specific to variations in rainfall in San Diego feeding on nectar from flat-topped locations and unknown status,’’ and 8 County. Other occupied sites have not buckwheat (Eriogonum fasciculatum) sites ‘‘identified during environmental been systematically surveyed, as (Marschalek 2004), but have also been review of development projects,’’ illustrated in Table 1 in the petition and observed nectaring on chamise leaving the 18 sites with known in Engelhard (2004a, 2004b). Therefore, (Adenostoma fasciculatum), golden populations referred to above. The no quantitative data exist on the total yarrow (Eriophyllum confertiflorum), petitioner also stated that, while the population size of Hermes copper slender sunflower (Helianthus status of the Baja populations is butterfly. gracilentus), other species in the unknown, they are presumed to be sunflower family (Asteraceae), and extant for the purposes of the petition. Threats Analysis short-podded mustard (Hirshfeldia Based on information available to us, Section 4 of the Act and its incana) (Faulkner and Klein 2005). Hermes copper butterfly has been implementing regulations (50 CFR 424) Klein and Faulkner (2003) hypothesized recorded from at least 29 different sites set forth the procedures for adding host plants must be mature to support in San Diego County (Engelhard 2004a, species to the Federal List of Hermes copper butterflies, although the 2004b). Of these, 2 sites or areas have Endangered and Threatened Wildlife

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and Plants. A species may be is a significant threat to the species in the extent of development (e.g., area determined to be an endangered or the unincorporated portion of the San developed), or extent of habitat loss due threatened species due to one or more Diego County foothills west of the to development. of the five factors described in section Cleveland National Forest, especially The status of Hermes copper butterfly 4(a)(1) of the Act: (A) The present or unburned areas near Jamul and northern distribution compiled by Engelhard threatened destruction, modification, or portions of San Diego County. The (2004a, 2004b) lists 21 occupied curtailment of its habitat or range; (B) petitioner further stated that ongoing locations known as of 2004; Table 1 in overutilization for commercial, urban development in Harbison Canyon, the petition lists 18 sites. As discussed recreational, scientific, or educational Marine Air Corps Station Miramar, San above, information used to create Table purposes; (C) disease or predation; (D) Marcos Creek, and Santee reduces 1 in the petition was not provided; the inadequacy of existing regulatory likelihood of recolonization by the therefore it was not possible for us to mechanisms; and (E) other natural or species. The petition also stated that compare location information available manmade factors affecting its continued Hermes copper butterfly populations to us (i.e., in Engelhard (2004a, 2004b)) existence. In making this finding, we identified in several locations by recent to information provided in the petition. evaluated whether threats to the Hermes development project biological surveys While Engelhard’s (2004a, 2004b) copper butterfly presented in the may not persist following construction, assessment included total area and petition and other information readily especially considering resulting habitat development status for some sites, such available to us may pose a concern with fragmentation and increased risk of fire information for most sites was not respect to the species’ survival such that with an expanded, proximate human determined at that time. Without listing under the Act may be warranted. population. complete and specific information about Our evaluation of these threats is Analysis of information provided in butterfly locations or past and proposed presented below. the petition. Rapid urban development development projects and their is occurring within the current known A. The Present or Threatened associated impacts to habitat, we were range of the Hermes copper butterfly. unable to determine the extent to which Destruction, Modification, or Coastal and interior San Diego County is Curtailment of Habitat or Range urban development has reduced the projected to grow about 44 percent by known range of the Hermes copper The petition, its appendices, and the year 2020 (San Diego Association of butterfly. Further, according to Thorne referenced documents discuss the Governments 1999). While we (1963), urbanization is not as great a following threats that we have grouped acknowledge development has likely threat as commonly assumed: under Factor A: Urban development, reduced the amount of occupied habitat wildfire, and prescribed fire. for Hermes copper butterfly, the extent ‘‘There is rather general belief that [the Hermes copper butterfly] is in a last ditch Urban Development to which the reduction of habitat has struggle for survival in San Diego County. impacted the species has not been This isn’t true! Colonies have survived in Information provided by the quantitatively estimated. areas that have been overrun with houses for petitioner. The petitioner asserts the The petition stated many populations many years; in areas being grazed by ‘‘Hermes copper [butterfly] is highly recorded from El Cajon, Fairmont livestock; in areas being farmed (avocado vulnerable to extinction due to loss of Canyon, Kearny Mesa, Scripps Gateway, orchards); and in areas that have been burned populations and dispersal habitat to and numerous sites near the urban core over with some frequency. The map * * * expanding urban development in San of the city of San Diego have been lost shows the wide distribution of known Diego County and northern Baja to urban development. While not colonies which should ensure survival for the foreseeable future.’’ California,’’ and ‘‘the threat of urban explicitly stated in the petition, we development is compounded by the assumed for the purposes of our review Thorne’s (1963) map had 33 unnamed additional threat of wildfire.’’ The that the above statements were based on ‘‘known’’ colony locations, all within petitioner cited two publications information in Table 1 in the petition. San Diego County in the United States. (Comstock 1927; Wright 1930) that According to Table 1, six sites/areas Although some colonies near urban predict probable extinction if rapid appear to correspond to these areas and centers referred to by Thorne (1963) expansion of development were to are referred to as ‘‘presumed lost to have been destroyed by development, continue within San Diego County. The urban development’’: El Cajon (‘‘3 miles many recent discoveries (i.e., post-1993) petitioner cited Brown (1991), south of El Cajon’’ and ‘‘El Cajon’’), of extant colonies within the known ‘‘[b]ecause continued development in Fairmont Canyon (‘‘Fairmont Canyon’’), species’ range have also been reported, the San Diego County threatens to Kerny Mesa (‘‘Kerny Mesa’’), Scripps and the range of the species remains eliminate additional colonies of this Gateway (‘‘Scripps Gateway’’), and relatively widely distributed. Examples insect [Hermes copper butterfly], it is numerous sites in San Diego of colonies that have been reported considered highly sensitive and (collectively referred to as ‘‘San Diego’’). since 1993 include Black Mountain, and vulnerable to extirpation.’’ However, no information was provided multiple colonies on both the California The petitioner stated many with the petition documenting site Department of Fish and Game (CDFG) populations recorded from El Cajon, development, site location, the extent of Crestridge Ecological Reserve and San Fairmont Canyon, Kearny Mesa, Scripps the development (e.g., area developed), Diego National Wildlife Refuge Gateway, and numerous sites near the or the extent of habitat loss due to (Engelhard 2004b). In addition, the urban core of the city of San Diego have development. biology of the species has not changed; been lost to urban development and The petition also stated several therefore Thorne’s (1963) assessment of cites Murphy (1991) [document not populations have been identified during individual colony resilience with regard submitted with petition] as stating, recent development project biological to development and fire should still be ‘‘[Hermes copper butterfly] has been surveys and asserts these populations considered valid. virtually extirpated in nearly all of its may not persist following construction. In addition, much uncertainty exists best known historical localities around Table 1 identifies eight such sites. regarding the distribution of the species [the] City of San Diego.’’ The petitioner However, no information was provided because the range of its host plant, spiny also stated that loss of populations and documenting proposed or ongoing redberry, extends well beyond the dispersal habitat to urban development development at these sites, site location, known range of the butterfly, and

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surveys have not been conducted The petition stated that fires in 2003 fires had burned through known Hermes throughout the host plant’s range also impacted the second largest copper butterfly habitat, and 788 fires (especially inland San Diego County concentration of Hermes copper have burned through ‘‘modeled’’ habitat and northwestern Baja California Norte). butterfly when they burned through 4 between 1900 and 2003 (CBD 2005). The Even the survey information for sites populations in the City of San Diego’s letter stated, ‘‘This rate of fire return historically or currently occupied by the Mission Trails Regional Park (Mission appears to exceed natural fire frequency species is limited. The information in Grove, Mission Dam, Oak Creek, and in coastal sage scrub and chaparral Table 1 of the petition and in Engelhard Spring Canyon) and at least 15 ecosystems.’’ The letter further stated (2004a, 2004b) illustrates the fact that populations (although only 14 were that the combined effects of limited most occupied sites have only been listed) throughout San Diego County: (1) dispersal behavior, urban development, surveyed on one or two occasions and Anderson Road (Viejas Mountain), (2) and excessive fires have reduced many have not been surveyed since the Boulder Creek Road, (3) Descanso, (4) El available habitat, limited re- 1950s or 1960s. Therefore, it is difficult Monte County Park, (5) Flinn Springs, colonization, and increased to assess the species’ current status in (6) Gooden Ranch reserve, (7) Harbison vulnerability of remaining Hermes the absence of more current Canyon, (8) Little Cedar Canyon, (9) copper butterfly populations, greatly information. Miramar, (10) Old Viejas Grade Road, increasing likelihood of the species’ In conclusion, we agree with the (11) Otay-Foothill area, (12) Rancho extinction. petitioner that urban development has Jamul, (13) Santee (Fanita Ranch area), According to the petition, Hermes likely reduced and fragmented habitat and (14) Sycamore Canyon reserve. The copper butterfly biology appears to for Hermes copper butterfly in San petition also stated at least three Hermes reduce the likelihood of escape from Diego County. However, the habitat loss copper butterfly populations were likely fire, because adults, eggs, larvae, and and fragmentation has not been lost to past fires on Bernardo Mountain pupae are likely killed when fire burns quantitatively estimated, and the near Escondido, Dictionary Hill in spiny redberry plants and other coastal species remains relatively widely Spring Valley, and San Marcos Creek. sage scrub or chaparral vegetation. Also, distributed. Therefore, we have According to the petition, increased excessive fires over the last several determined that information in the human population density and decades have reduced patches of mature petition and available to us does not utilization of wildlands correlates with spiny redberry used by Hermes copper substantiate the claim that urban increased southern California wildfire butterfly, thereby reducing butterfly development has significantly reduced frequency (Keeley et al. 1999; Keeley populations and disrupting the amount of available Hermes copper 2001 [document not submitted with metapopulation dynamics and stability. butterfly habitat to the point at which petition]; Keeley and Fotheringham Due to the amount of past and potential the butterfly may become threatened or 2003; Wells et al. 2004). The petitioner future fires, any butterfly that escapes a endangered in the foreseeable future. asserted close proximity to large human fire is unlikely to locate other suitable populations increases vulnerability of habitat. Wildfire the Hermes copper butterfly and its host Also according to the petition, Information provided by the plant, the spiny redberry populations to Hermes copper butterfly recovery petitioner. The petitioner asserted ‘‘excessive’’ fire. following a fire is confounded by very Hermes copper butterfly is highly The petitioner cited two references, slow recovery of it host plant (Zedler et vulnerable to extinction due to the Brooks et al. (2002 [correct citation al. 1983) and very slow recolonization threat of fire as a result of direct 2004]) and Keeley and Fotheringham by the butterfly. The petition cited mortality of individuals and indirect (2003), that provide examples of Brown (1991): ‘‘Even after recovery of mortality due to loss of the species’ excessive fire harming chaparral the host, the sedentary behavior of the larval host plant, spiny redberry. The ecosystems and dependent species in a butterfly may make natural colonization petitioner further asserts, ‘‘Excessive, number of ways. The petition quoted a very slow process, especially where human induced fire poses a significant Keeley and Fotheringham (2003), sources of potential colonists previously threat to the survival of the species, ‘‘* * * ecosystem health of shrublands have been extirpated.’’ even on lands otherwise protected from is threatened not by lack of fire but by Analysis of information provided in development.’’ The threat of fire as it high fire frequencies that exceed the the petition. The petition claimed relates to direct mortality of individual resilience of many species.’’ Hermes copper butterfly is highly butterflies is also discussed here. The petitioner stated excessive fire vulnerable due to the threat of fire, Table 1 of the petition identifies areas may prevent chaparral and coastal sage citing a 39 percent loss of the species’ ‘‘presumed to be burned’’ during the scrub plant species, like spiny redberry, habitat burned in the 2003 fires. The October 2003 fires in San Diego County, from reaching maturity, thereby petitioner also claimed that the 2003 which are estimated to have burned 39 reducing or eliminating reproduction fires destroyed or impacted two of the percent of Hermes copper butterfly and recruitment of replacement largest concentrations of the species and habitat (Betzler et al. 2003). According chaparral plants. An example cited by at least 15 other populations throughout to the petition, the largest concentration the petitioner of an exotic species type San Diego County. of the species ever documented was lost conversion within an area occupied by As cited in the petition, 39 percent of when the 2003 fire burned nearly all of Hermes copper butterflies was Bernardo Hermes copper butterfly habitat is the California Department of Fish and Mountain. The petition stated that in believed to have burned during the 2003 Game’s Crestridge Ecological Reserve. 2002, Michael Klein visited the known fires, a reduction from 317,451 ac The petition further stated 2001 surveys occupied area burned in 1986, and (128,468 ha) to 192,924 ac (78,074 ha) at Crestridge identified approximately found it dominated by weedy exotic (Betzler et al. 2003). However, this 39 52 Hermes copper butterfly colonies forbs and grasses, with no spiny percent reduction is an estimate based with a total estimated population of redberry plants or Hermes copper on vegetation mortality for areas 1,000 butterflies (CDFG 2001), of which butterflies (M. Klein pers. comm.) occupied by the species (Betzler et al all appear to have been destroyed by the [document not submitted with petition]. 2003). Since this estimate is not based 2003 fires (M. Klein pers. comm.) According to a supplemental letter on actual post-fire surveys, it is not [document not submitted with petition]. and map provided by the petitioner, 44 possible to determine the actual amount

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of occupied Hermes copper habitat that particularly as it relates to the impact of 1950 are considered, there has been a burned in the 2003 fire. fire on butterfly populations and marked decrease in area burned since Table 1 of the petition highlights 22 habitat. then.’’ Contrary to the interpretation of sites that were ‘‘presumed lost to fire.’’ While it is unlikely that immature the petitioner, Keeley et al. (1999) However, neither the petition nor the Hermes copper butterflies (larvae, actually reported that fire rotation supplemental map provided by the pupae, and adults) can survive the intervals (i.e., the time needed to burn petitioners had information on location burning of occupied habitat, it appears an equivalent area of shrubland) of sites ‘‘presumed lost to fire’’ or extent that adult butterflies will recolonize actually increased in San Diego County of habitat lost due to fire (i.e., area burned habitat over time. In an example after 1950. burned). While Engelhard (2004a, of fire recovery, Brown (1991) noted that The supplemental letter and map 2004b) attempted to compile a 1982 fire apparently eliminated large provided by the petitioner (stating that information on specific sites known to stands of spiny redberry and a colony of between 1900 and 2003, 44 fires had be occupied by the species, the total Hermes copper butterfly in Mission burned through known Hermes copper acres of the site and the fire status (i.e., Gorge (in Mission Trails Regional Park). butterfly habitat, and 788 fires have burned in 2003 fires) for most of the Although the species was not observed burned through ‘‘modeled’’ habitat) sites was not determined at that time again during annual surveys following does not provide sufficient information and is still unknown. Regardless, as the fire until 2000 (Klein and Faulkner to allow us to verify the extent of the discussed above, extant colonies 2003), the host plant and butterfly did impact caused by these historic and continue to be discovered, and the eventually return 18 years later. During more recent fires. In an attempt to species appears to have maintained a limited post-fire monitoring at outline fire frequency in Hermes copper relatively wide range. Crestridge, one adult male Hermes butterfly habitat, the map overlays The petitioner also claimed the largest copper was observed in 2005 on three ‘‘approximate location of past and known concentration of the species ever different dates by two observers (Klein current Hermes copper colonies’’ and documented was lost in the 2003 fire 2006), indicating that the population ‘‘modeled’’ Hermes copper habitat with that burned nearly all of the Crestridge had not been extirpated as hypothesized a data layer indicating areas where from Ecological Reserve, further asserting a in Klein and Williams (2003). We are one to nine fires had occurred. total estimated population of 1,000 not aware of any additional surveys ‘‘Modeled’’ habitat is defined on the butterflies (per 2001 surveys) was lost. conducted at Crestridge in 2005. While map as being ‘‘based on very broad However, as discussed in the Faulkner and Klein (2005) state that no vegetation, soil, elevation and other ‘‘Population Estimate/Status’’ section of butterflies were observed during 2004 categories and therefore includ[ing] this finding, the petitioner stated that visits to only a few of the historically many unsuitable habitat areas.’’ No surveys conducted between 1999 and occupied territories burned in the 2003 information about the Hermes copper 2001 documented fluctuations in fires, we are unaware of any systematic butterfly location data or the data on individual abundance ranging from post-fire monitoring conducted to which the fire layer is based were 1,000 butterflies in 2001, to a single document the extent of the impact of the provided by the petitioner. The butterfly in 2002 (M. Klein pers. comm.) fires to Hermes copper butterfly and its petitioner did not explain how [document not submitted with petition] habitat or to document recolonization information on the map was used to to 400 butterflies in 2003 (pre-fire). The rates. Additional monitoring is needed determine that 44 fires had burned petition asserted that these fluctuations to determine the survival and through known Hermes copper butterfly may be due to variations in rainfall in recolonization rate of immature and habitat or 788 fires have burned through San Diego County. It is also not clear adult butterflies following a fire. ‘‘modeled’’ habitat. Also, the petitioner how good an index survey counts are of The petition claimed increased did not indicate where fires that burned population size. While it is clear that human populations and utilization of between 1900 and 2003 overlapped or the 2003 fire impacted the Hermes wildlands correlates with increased calculate a fire frequency/rate of return copper butterfly habitat at Crestridge, southern California wildfire frequency. for any particular geographic area. and presumably the butterfly itself, it is The petition also asserted that, between Therefore, it is not clear how the unclear how resilient this population is 1900 and 2003, from 44 to 788 fires had petitioner determined that ‘‘This rate of since wide fluctuations in the species’ burned through known and ‘‘modeled’’ fire return appears to exceed natural fire abundance had been documented prior habitat, respectively, and this rate of fire frequency in coastal sage scrub and to the fire. Also, while a few historically return appears to exceed natural fire chaparral ecosystems.’’ Without specific occupied territories burned in the 2003 frequency in coastal sage scrub and information on the extent of the impact fires were visited in 2004 (Faulkner and chaparral ecosystems. caused by historic and current fires, Klein 2005), we are unaware of any In a GIS modeling study, Wells et al. including the 2003 fires, it does not systematic post-fire monitoring (2004) largely concurred with Keeley et appear the Hermes copper butterfly is conducted to document the extent of the al. (1999) (cited in the petition) that currently threatened with extinction impact of the fires on Hermes copper increasing human population due to fire. butterfly. (especially at lower elevations) has The petition also stated ‘‘excessive’’ The petitioner also claimed that the resulted in a greater number of fires and fires prevent chaparral and coastal sage 2003 fires impacted a large an increase in area burned overall in scrub species (like spiny redberry, the concentration of Hermes copper southern California. However, looking at Hermes copper butterfly’s host plant) butterflies at Mission Trails Regional fire frequency for coastal sage scrub and from reaching maturity, thereby Park and at least 15 other populations chaparral in San Diego County reducing or eliminating reproduction throughout San Diego County. However, specifically, Wells et al. (2004) and recruitment of replacement the petitioner did not provide any concluded that for ‘‘coastal sage scrub chaparral, and allowing for the invasion information on the extent of the area habitats, there has been an increase in of nonnative species. impacted by fire (e.g., area burned) or on burning over the course of the past Spiny redberry plants, like other post-fire surveys done at these sites; century’’ but that the ‘‘trend in burning large-seeded shrubs, are ‘‘obligate additional monitoring is needed at these in chaparral is virtually flat over the resprouters’’ after fires (Keeley 1998). sites to determine their status, past century, and if the years following Because such taxa resprout from a deep

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root system or lignotuber and establish population structure (e.g., readily available documents support a few seedlings immediately following metapopulation or panmictic) and, rejection of conservation-oriented rural fire, obligate resprouters ‘‘successfully subsequently, the impact of fire on planning in favor of fire-safe planning, recruit in the long-term absence of fire’’ population numbers and structure. or a recent push for prescribed fire. (Keeley 1998). Post-fire seedling Koelander and Bowman (2004), in a Prescribed Fire establishment of obligate resprouters is report designed to identify how San always quite limited, although seedling Information provided by the petition. Diego County (and the City of San recruitment has been reported as The petitioner, citing Schlicht and Diego) could better prepare and respond ‘‘abundant’’ in older unburned Orwig (1999) [document not submitted to fire hazards, concluded, ‘‘Adoption of chaparral stands (Keeley 1992a and with petition], claimed prescribed fire is new building codes will only resolve 1992b). In the absence of fire, ‘‘obligate likely to harm vulnerable Hermes the problem for the new structures resprouting species often gain copper butterfly populations by further * * * For existing structures, the dominance over obligate seeding contributing to excessive fire, and removal of highly flammable vegetation species,’’ but Rhamnus species and controlled burns often differ from within 100-feet of structures and the other obligate resprouters are also ‘‘quite natural fires in frequency, intensity, replacement of combustible roofing will resilient to frequent burning’’ (Keeley timing, and patchiness. These provide a heightened level of wildland 1986). Moreover, Keeley (1986) stated aforementioned factors could reduce the fire protection.’’ obligate resprouters ‘‘have a marked likelihood of the butterfly’s survival Regarding the U.S. Forest Service, of competitive advantage during the first through prescribed fire. The petitioners the U.S. Department of Agriculture, the also maintained that the Cleveland decade after fire,’’ which is within the agency stated in its final environmental National Forest has aggressively current regrowth timeframe of butterfly- impact statement (Volume 1) that the prescribed fire as a vegetation occupied spiny redberry stands burned Hermes copper butterfly ‘‘[c]ould be management tool in an attempt to in 2003. In a post-fire recovery and affected by prescribed fire or fuel benefit native wildlife. In addition, they succession study of chaparral and sage reduction projects in habitat that affect asserted the County of San Diego ‘‘has scrub in southern California, Keeley et [its] host plant, Rhamnus crocea,’’ but generally rejected effective fire safety al. (2005) ‘‘showed that all vegetation that Vegetation Management Standard techniques of limiting poorly planned types exhibited a high proportion of 37 addressed this threat (USDA Forest rural [development] and retrofitting structural similarity between pre- and Service 2005a). However, according to postfire communities’’ after 5 years. existing structures with fire resistant materials. The County has instead the Forest Service’s Land Management Though Keeley and Fotheringham Plan (2005b), Standard 37 requires the (2003) concluded that, with continued focused on * * * excessive brush clearing around homes and Forest Service when implementing fire disturbance like fire, nonnative management activities to ‘‘[d]esign and invasives may replace an entire communities, and has pushed for expanded prescribed fire on both manage fuel treatments to minimize the ecosystem and type convert shrublands risk that treated areas will be used by to alien grasslands, Keeley (2004) noted National Forest and private land.’’ Analysis of information provided in unauthorized motorized and that invasive alien plants typically will mechanized vehicles [and to m]itigate not displace obligate resprouting species the petition. The petitioner asserted that impacts where such use does occur.’’ It in mesic shrublands that burn once a a number of Hermes copper butterfly is not clear how Standard 37 (USDA decade ‘‘because rapid resprout growth populations located under the Forest Service 2005a) addresses the recaptures the site and replenishes jurisdiction of the Cleveland National threat of prescribed fire to the species. vitality of roots and lignotubers.’’ Forest and San Diego County are being In the Cleveland National Forest’s Land Therefore, based on the species’ biology, impacted by prescribed burning Management Plan (USDA Forest Service it appears that spiny redberry should practices and policies undertaken by 2005c), the Forest Service’s primary recover in these burned areas. these entities. However, the petition Though recent fires may have does not provide documentation of strategy for threatened, endangered, temporarily reduced the extent of instances where prescribed burning is proposed, candidate, and sensitive Hermes copper butterfly habitat (i.e., being conducted in occupied Hermes species management is to ‘‘[m]anage spiny redberry and associated copper butterfly habitat. habitat to move listed species toward chaparral/coastal sage scrub plants), Review of San Diego County fire recovery and delisting’’ and ‘‘[p]revent information in the petition and available management regulations and listing of proposed and sensitive to us does not substantiate a permanent recommendations (San Diego County species’’ by implementing the priority loss of or a downward trend in the 2004, 2006a; California Fire Safety conservation strategies in Table 529. extent of the species’ habitat as a result Council 2006) contradicts the According to this table (USDA Forest of increased fire frequency and petitioner’s claim that San Diego County Service 2005c), a priority conservation associated alien plant invasion. rejected effective fire safety techniques strategy task over the next 3 to 5 years The petitioner did not provide and has pushed for expanded prescribed is to protect Hermes copper butterfly information or data to substantiate the fire. San Diego County does recommend habitat by preventing and suppressing claim that excessive fires over the last clearing within 100 feet (30.5 m) of fires. several decades have reduced Hermes structures (Sand Diego County 2006), Though the above guidance is general copper butterfly population numbers and places emphasis on replacement of in nature, we could find no support for and disrupted metapopulation flammable roofing material with fire- the claim that the Cleveland National dynamics and stability. As stated in the resistant shingles, planting of fire- Forest has aggressively prescribed fire as ‘‘Population Estimates/Status’’ section resistant landscape vegetation, use of a vegetation management tool in an of this finding, no quantitative data on fire-resistant native plant species, attempt to benefit other native wildlife population size exists nor do we have avoidance of invasive exotic species in at the expense of the Hermes copper any information on the dispersal or landscaping, and other effective butterfly. Based on the above movement behavior of this species. conservation-oriented fire management discussion, we have determined that the Without this information, it is not techniques (San Diego County 2006; petition does not substantiate the claim possible to determine the species’ California Fire Safety Council 2006). No that prescribed burning impacts

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occupied Hermes copper butterfly for sale. Both were priced at 125 Euros California Environmental Quality Act habitat. (= approximately $152.00) (Martin (CEQA) to protect imperiled species, We have determined that information 2004b). Nonetheless, no substantial data identifying several listings in the in the petition does not substantiate the exist to substantiate such trade still Federal Register (62 FR 2318, January claim that urban development, wildfire, exists or, if any trade continues, the 16, 1997; 62 FR 4935, February 3, 1997; and prescribed fire has significantly extent to which it impacts the Hermes 61 FR 25829, May 23, 1996; 69 FR reduced the amount of available Hermes copper butterfly population. As a result, 47236, August 4, 2004). The petitioner copper butterfly habitat. While we we conclude trade or collection implies the Service’s previous acknowledge that urban development probably does not pose a significant conclusions are fully applicable in and fire has likely reduced and threat to the species at this time. consideration of protections under fragmented habitat for Hermes copper CEQA for the Hermes copper butterfly. C. Disease or Predation butterfly in San Diego County, the Analysis of information provided in extent of impact to the species and its The petitioner did not provide any the petition. California Department of habitat has not been quantitatively information with respect to disease on Fish and Game can only designate estimated, and the species appears to Hermes copper butterfly. ‘‘native species or subspecies of a bird, mammal, fish, amphibian, or plant’’ as have multiple colonies within a Predation relatively wide geographic range. Thus, either endangered or threatened under we do not believe the petition has Information provided by the petition. the California Endangered Species Act presented substantial information to The petitioner stated the Hermes copper (Fish and Game Code, Sections 2062 suggest the butterfly is likely to become butterfly may be endangered by and 2067). However, the California endangered in the foreseeable future. predation. The petition claimed experts Environmental Quality Act or CEQA suspect birds, predatory insects, (Public Resources Code, Sections B. Overutilization for Commercial, parasitic insects, and spiders prey upon 21000–21178, and Title 14 CCR, Section Recreational, Scientific or Educational Hermes copper butterfly, and that the 753, and Sections 15000–15387) has and Purposes harmful effects of otherwise normal should continue to require proposed Commercial Harvest predation or parasitism might be project effects to Hermes copper exacerbated by population reduction butterflies be evaluated under the Information provided in the petition. from urban development and excessive provisions of this State environmental The petitioner stated the Hermes copper fires. statute, although CEQA does not require butterfly may be endangered by Analysis of information provided in any species to be protected. CEQA overutilization for commercial purposes the petition. The petitioner did not requires public agencies to disclose and identifies one commercial provide specific information validating environmental impacts of a project on enterprise that may contribute to the the claim that the Hermes copper native species and natural communities imperiled status of the butterfly. A butterfly may be endangered by during the land use planning process company, ‘‘Morningstar Flower and predation. We are not aware of any and to identify mitigation measures and Vibrational Essences,’’ markets a documentation that suggests that project alternatives. This allows public ‘‘Hermes copper butterfly essence’’ over predation poses a significant threat to comments to influence the planning the Internet. These essences are the species, and, therefore, we are process. The National Environmental available in 2-ounce and 4-ounce sizes unable to validate whether predation Policy Act (NEPA) (42 U.S.C. 4321– by special order. may endanger the Hermes copper 4347) requires the Federal Government The petitioner claimed that over- butterfly. to disclose adverse impacts of a collection is another potential threat to proposed action that cannot be avoided, the Hermes copper butterfly because of D. The Inadequacy of Existing but NEPA does not require any species their value to butterfly collectors. They Regulatory Mechanisms to be protected. Although these statutes cite an example, in 1986, where a Information provided by the petition. provide limited protection for the female Hermes copper butterfly was The petition, its appendices, and Hermes copper butterfly, we are not worth $20.00. referenced documents discuss five aware of any documentation that Analysis of information provided in regulatory mechanisms that provide suggests that implementation of these the petition. No evidence exists to some potential for Hermes copper laws, especially land use development support the use of Hermes copper butterfly conservation, but the petition projects under CEQA, pose a significant butterfly in developing butterfly claimed none of these mechanisms have threat to the species. Also, as discussed essences. According to Morning Star proven effective in reducing the primary under Factor A above, information in Essences (2006), no butterfly parts are threats to the butterfly from urban the petition and available to us does not used in ‘‘essences’’ production. While development, fire, and related habitat substantiate the claim that urban there are a number of other businesses degradation. The five regulatory development subject to these laws has that advertise sale of ‘‘butterfly mechanisms include: (1) California significantly reduced the amount of essences,’’ no information exists to Environmental Quality Act; (2) National available Hermes copper butterfly support the claim that this activity Environmental Policy Act; (3) Forest habitat. threatens the species. Service Management; (4) San Diego Forest Service Management Some collection of Hermes copper Multiple Species Conservation Plan or butterflies may occur given their value ‘‘San Diego MSCP’’; and (5) County of Information provided in the petition. to collectors. As the number of colonies San Diego Resource Protection The petitioner claimed Forest Service is reduced, lepidopterists may Ordinance. regulations and management activities increasingly collect individuals to appear to provide few protections to the include rare species in their collections, California Environmental Quality and Hermes copper butterfly. The petitioner or obtain surplus specimens for National Environmental Policy Act states that aside from monitoring survey exchange or sale. On June, 26, 2004, two The petitioner claimed the Service results by others, there is no indication different advertisements on the Internet has previously provided extensive that the Cleveland National Forest is offered specimens of Lycaena hermes discussion of the inadequacy of the engaged in the conservation of the

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Hermes copper butterfly. In addition, We acknowledge that Forest Service corridors will not be protected outside the petitioner states the Hermes copper regulations provide limited protection of the Biological Resource Core Area. butterfly is not formally recognized as a of the Hermes copper butterfly. The BMO within the Biological Core ‘‘sensitive species’’ by the Forest However, as discussed in Factor A and Area requires the County to impose Service, and recognition of Hermes Factor E, information in the petition design criteria that could minimize copper butterfly as a sensitive species does not substantiate the claim that additional losses of populations and would still be unlikely to generate any wildfire or prescribed fire pose a threat habitat, but would not require important, pro-active conservation to the species or that there is a need to avoidance of Hermes copper butterfly activities necessary to improve the improve the species’ status. populations, habitat, or dispersal status of the species. corridors. Analysis of information provided in San Diego Multiple Species the petition. The Hermes copper Conservation Plan City of San Diego and County Open butterfly was included in the table of Information provided in the petition. Space Parks ‘‘Animal Species Evaluated for Viability The petition stated: (1) The Hermes Information provided in the petition. Concerns (Species of Concern)’’ by the copper butterfly is not recognized as a The petition stated that remaining Forest Service (USDA 2005a); therefore, ‘‘covered species’’ under the San Diego Hermes copper butterfly populations are the petitioners claim the Hermes copper Multiple Species Conservation Plan not necessarily protected by nature of butterfly is not formally recognized as a (MSCP) (MSCP 1998); (2) the MSCP their location on the following open ‘‘sensitive species’’ by the Forest Service cannot provide the necessary space park lands managed by the City or is not currently accurate. management to benefit the species County of San Diego: Black Mountain, In describing proposed management because none is planned, described, or McGinty Mountain, and Mission Trails standards to address threats facing required by the Plan; and (3) the MSCP Regional Park. Lacking formal coverage, designated ‘‘Animal Species-At-Risk,’’ can benefit the Hermes copper butterfly the Hermes copper butterfly cannot the Forest Service stated the Hermes only in the event of collaterally directly benefit from these open spaces. copper butterfly ‘‘[c]ould be affected by beneficial conservation activities for Analysis of the information provided prescribed fire or fuel reduction projects other species and habitats. The in the petition. The Hermes copper in habitat that affect [its] host plant, petitioner claimed the informal butterfly is now known to occur on Rhamnus crocea; wildfire risk’’ and that treatment of Hermes copper butterfly by approximately 25 different properties in Vegetation Management Standard 37 the MSCP provides few conservation San Diego County, California. Of these, addressed this threat (USDA 2005a). As benefits. The petitioner also stated the seven properties are under City or discussed above, Standard 37 of the MSCP identifies only three sites where County of San Diego ownership. Many Forest Service’s Land Management Plan the butterfly occurs in one area, the of these lands are ‘‘designed’’ open (USDA 2005b), requires the Forest Metro-Lakeside-Jamul Segment, despite space areas and County parks, which Service to ‘‘[d]esign and manage fuel the additional occupied sites at the time include various types of trails, ball treatments to minimize the risk that of Plan approval in the Metro-Lakeside- fields, picnic areas, restroom facilities treated areas will be used by Jamul and South County segments. and/or parking lots. Although the unauthorized motorized and Analysis of information provided in impact of recreation on the butterfly is mechanized vehicles [and to m]itigate the petition. It is true this species is not unknown, it is unlikely that limited impacts where such use does occur.’’ specifically covered under the San recreational development and foot and However, it is not clear how this Diego Multiple Species Conservation bicycle traffic will destroy significant standard protects the butterfly from Plan; however, the San Diego MSCP numbers of host plant shrubs in existing prescribed fire, nor is any other appears to have already benefited the designated open space parklands. Hermes copper butterfly where it protection apparently provided by this County of San Diego Resource overlaps with conservation activities for standard because vehicle impacts are Protection Ordinance not considered a threat to the species. other species (e.g., management of In the Cleveland National Forest’s Crestridge Ecological Reserve and the Information provided in the petition. (USDA 2005c) Land Management Plan, San Diego National Wildlife Refuge). The petition claimed the County of San the Forest Service’s primary strategy for Also, not all potential habitat within the Diego’s Resource Protection Ordinance threatened, endangered, proposed, planned MSCP preserve has been fully (RPO) (County of San Diego 1991) candidate, and sensitive species surveyed yet, and the full distribution of imposes control on development of management is to ‘‘[m]anage habitat to the species within areas protected or wetlands, floodplains, steep slopes, move listed species toward recovery and managed by the MSCP is unknown. sensitive biological habitats, and delisting’’ and ‘‘[p]revent listing of Land use restrictions within the prehistoric and historic sites. The proposed and sensitive species’’ by MSCP County of San Diego Subarea petition stated RPO provisions address implementing the priority conservation plan will be implemented through the biological resources outside of the strategies in Table 529. According to Biological Mitigation Ordinance (BMO). boundaries of the County’s Subarea Plan this table (USDA 2005c), the priority The BMO implements preserve design under the San Diego MSCP. The RPO tasks for the next 3 to 5 years in criteria for urban development and does not directly protect species or conservation strategy emphasis are to conservation of remaining private land, impose any species-specific monitor/study ‘‘[s]pecies recovery after based on preserve design criteria that management efforts, but rather attempts wildfire (burned area monitoring)’’ and establish mitigation ratios and to minimize the impacts of urban protect its habitat by preventing and conditions. Mitigation may be required development on habitat. The petition suppressing fires. Although the above for the species recognized as ‘‘sensitive stated that the Hermes copper butterfly guidance is general in nature, the species’’ as defined by CEQA on land would be only inadvertently protected Cleveland National Forest should be identified as Biological Resource Core by the County RPO through the land engaged to some degree in the Area, and therefore should provide protection ordinance, which would not conservation of the Hermes copper some protection for the species. require measures necessary to prevent butterfly; however, no documentation of However, Hermes copper butterfly extinction of the species, such as a conservation activities was available. populations, habitat, and dispersal requirement that new urban

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development avoid remaining Hermes diapausing (quiescent) stages. Also, listing factors: Factor A (the Present or copper butterfly populations and much uncertainty exists regarding the Threatened Destruction, Modification, dispersal corridors. The petition also distribution of the species because the or Curtailment of the Species’ Habitat or stated the RPO does not provide range of its host plant, spiny redberry, Range), Factor D (Inadequacy of Existing measures that could improve the status extends well beyond the known range of Regulatory Mechanisms), and Factor E of the species, such as special the butterfly, and surveys have not been (Other Natural or Manmade Factors conservation management of the Hermes conducted throughout the host plant Affecting Its Continued Existence). More copper butterfly populations, habitat, range (especially inland San Diego specifically, information in the petition and dispersal corridors. County and northwestern Baja suggests that urban development and Analysis of the information provided California Norte). While it is possible fire pose the primary threats to Hermes in the petition. The RPO (County of San that ‘‘small’’ populations and isolation copper butterfly habitat and populations Diego 1991) imposes controls on could subject the butterfly to genetic because the species’ range occurs on development of wetlands, floodplains, drift and restricted gene flow that may lands susceptible to both types of steep slopes, sensitive biological habitat, decrease genetic variability over time impacts. and prehistoric and historic sites. The and could adversely affect the species’ While it is likely that recent fires have RPO requires the Resource Protection viability, we do not have sufficient temporarily reduced the extent of Study for certain discretionary projects information about the species’ Hermes copper butterfly habitat (i.e., in order to identify a number of distribution or population structure to spiny redberry and associated objectives, including identification of determine that isolation and small chaparral/coastal sage scrub plants), environmentally sensitive lands. The population size pose a threat to the information in the petition and available County may require conditions to species. to us does not substantiate a permanent protect sensitive lands including loss of, or a downward trend in, the Global Climate Change habitats that may protect the Hermes extent of the species’ habitat as a result copper butterfly. Information provided in the petition. of increased fire frequency. Also, within Based on the information and analysis The petitioner asserted butterflies are areas that have burned, the species provided above, we find that the particularly sensitive to small changes appears able to re-colonize over time. petition does not present substantial in microclimates, such as fluctuations in We also acknowledge that information that the species is moisture, temperature, or sunlight. urbanization and fire have further threatened at this time by the Studies of Edith’s checkerspot fragmented the species’ habitat, but inadequacy of existing regulatory (Euphydryas chalceona edithi) have current information indicates mechanisms across all or a significant documented that whole ecosystems may development does not currently portion of its range. move northward or upward in elevation threaten the species with extinction. as the Earth’s climate warms. Also, much uncertainty exists regarding E. Other Natural or Manmade Factors Analysis of the information provided the distribution of the species because Affecting Continued Existence in the petition. The petitioner did not the range of its host plant, spiny The petition, its appendices, and provide specific information validating redberry, extends well beyond the referenced documents discuss the the claim that the Hermes copper known range of the butterfly, and following threats that we have grouped butterfly may be endangered by global surveys have not been conducted under Factor E: Vulnerability of small climate change. We recognize recent throughout the host plant’s range. and isolated populations, and global evaluations (e.g., Parmesan and We have determined that the petition climate change. Galbraith 2004) that whole ecosystems and other information in our files does are seemingly being shifted northward. not present substantial information that Vulnerability of Small and Isolated We are not aware of any documentation the species is threatened at this time by Populations available or provided by the petitioner the inadequacy of existing regulatory Information provided in the petition. directly linking global warming as a mechanisms across all or a significant The petitioner asserts that endemic threat to the Hermes copper butterfly, or portion of the species’ range and that species, such as the Hermes copper explaining how global warming Federal listing would not necessarily butterfly, are generally considered more specifically affects this species. provide additional benefits to the prone to extinction than widespread We do not have sufficient information species. We will continue to work with species due to their restricted about the species’ distribution or the appropriate Federal, State, and local geographic range. The petitioner claims population structure to determine that entities to avoid and minimize impacts that the common factors that increase isolation and small population size pose to this species on their lands. the vulnerability of a small and isolated a threat to the species or that global We have reviewed the petition and population to extinction are warming poses a threat to the Hermes literature cited in the petition and demographic fluctuations, copper butterfly. Therefore, we have evaluated that information in relation to environmental stochasticity, and determined that information in the information available to us. After this reduced genetic diversity. petition and available to us does not review and evaluation, we find the Analysis of the information provided substantiate the claim that vulnerability petition does not present substantial in the petition. Although annual of small and isolated populations and scientific or commercial information to observations of the largest known pre- global climate change have significantly indicate listing the Hermes copper fire population (Crestridge Ecological impacted Hermes copper butterfly. butterfly may be warranted at this time. Reserve) suggest that numbers of adult Although we are not commencing a butterflies may fluctuate approximately Finding status review in response to this two orders of magnitude from one year We evaluated each of the five listing petition, we will continue to monitor to the next, and may be correlated with factors individually, and because the potential threats and ongoing rainfall (Klein and Faulkner 2003), it is threats to Hermes butterfly are not management actions that might be not clear how these observations mutually exclusive, we also evaluated important with regard to the correlate with population densities of the collective effect of these threats. The conservation of the Hermes copper all individuals including immature petition focused primarily on three butterfly across its range. We encourage

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interested parties to continue to gather further comments on the proposed rule. in the preparation of this proposed rule, data that will assist with the The draft economic analysis forecasts will be available for public inspection conservation of the species. Information that costs associated with conservation by appointment during normal business regarding the Hermes copper butterfly activities for the ABM would range from hours at the Daphne Fish and Wildlife may be submitted to the Field $18.3 million to $51.8 million in Field Office at the above address. Supervisor, Carlsbad Fish and Wildlife undiscounted dollars over the next 20 FOR FURTHER INFORMATION CONTACT: Office (see ADDRESSES section above) at years. Adjusted for possible inflation, Field Supervisor, U.S. Fish and Wildlife any time. the costs would range from $16.1 Service, Daphne, Alabama (telephone million to $46.8 million over 20 years, References Cited 251–441–5181; facsimile 251–441– or $1.1 million to $3.1 million annually 6222). A complete list of all references cited using a 3 percent discount; or $14.2 SUPPLEMENTARY INFORMATION: herein is available, upon request, from million to $41.7 million over 20 years, the Carlsbad Fish and Wildlife Office or $1.3 million to $3.9 million annually Public Comments Solicited (see ADDRESSES section above). using a 7 percent discount. We are We intend that any final action Author reopening the public comment period to resulting from this proposal will be as allow all interested parties an The primary authors of this notice are accurate and as effective as possible. opportunity to comment simultaneously Therefore, comments or suggestions staff of the Carlsbad Fish and Wildlife on the proposed rule and the associated Office (see ADDRESSES section above). from the public, other concerned draft economic analysis. Comments governmental agencies, the scientific Authority previously submitted need not be community, industry, or any other The authority for this action is the resubmitted as they will be incorporated interested party concerning this Endangered Species Act of 1973, as into the public record and fully proposed rule are hereby solicited. amended (16 U.S.C. 1531 et seq.). considered in preparation of the final Comments particularly are sought rule. Dated: August 1, 2006. concerning: DATES: We will accept public comments (1) The reasons any habitat should or H. Dale Hall, until September 7, 2006. See Public should not be determined to be critical Director, U.S. Fish and Wildlife Service. Hearings, under SUPPLEMENTARY habitat as provided by section 4 of the [FR Doc. E6–12744 Filed 8–7–06; 8:45 am] INFORMATION, for further details. Act, including whether the benefit of BILLING CODE 4310–55–P ADDRESSES: If you wish to comment, designation will outweigh any adverse you may submit your comments and impacts to the species due to designation; DEPARTMENT OF THE INTERIOR information concerning this proposal, identified by ‘‘Attn: Alabama Beach (2) Specific information on the Fish and Wildlife Service Mouse Critical Habitat,’’ by any one of presence of Alabama beach mouse several methods: habitat, particularly what areas should 50 CFR Part 17 (1) Mail or hand-deliver to: Field be included in the designations that Supervisor, U.S. Fish and Wildlife were occupied at the time of listing that RIN 1018–AU46 Service, Daphne Fish and Wildlife contain features that are essential for the conservation of the species and why; Endangered and Threatened Wildlife Office, 1208–B Main Street, Daphne, and what areas that were not occupied and Plants; Revised Designation of Alabama 36526. at listing are essential to the Critical Habitat for the Endangered (2) Send by electronic mail (e-mail) to conservation of the species and why; Alabama Beach Mouse [email protected]. Please see the Public Comments Solicited section (3) Land use designations and current AGENCY: Fish and Wildlife Service, below for file format and other or planned activities in the subject areas Interior. information about electronic filing. and their possible impacts on proposed ACTION: Revised proposed rule; (3) Provide oral or written comments critical habitat; reopening of comment period, notice of at the public hearing. (4) Any foreseeable economic, availability of draft economic analysis, (4) Fax your comments to: 251–441– national security, or other potential acreage corrections, and notice of public 6222. impacts resulting from the proposed hearing. 5. Submit comments on Federal designation and, in particular, any eRulemaking portal: http:// impacts on small entities; SUMMARY: We, the U.S. Fish and www.regulations.gov. Follow the (5) Whether the draft economic Wildlife Service, announce the instructions for submitting comments. analysis identifies all State and local reopening of the public comment costs attributable to the proposed period, a public hearing on the Public Hearings critical habitat designation, and proposed revision of critical habitat for We have scheduled a public hearing information on any costs that have been the Alabama beach mouse (Peromyscus on the proposed critical habitat revision inadvertently overlooked; polionotus ammobates) (ABM), and the and the draft economic analysis. The (6) Whether the draft economic availability of the draft economic hearing will take place from 7 to 9 p.m. analysis makes appropriate assumptions analysis of the proposed designation of on August 24, 2006, at the Adult regarding current practices and likely critical habitat under the Endangered Activity Center located at 260 regulatory changes imposed as a result Species Act of 1973, as amended (Act). Clubhouse Drive, Gulf Shores, Alabama of the designation of critical habitat; We are also using this comment period 36542. This will be preceded by a (7) Whether the draft economic to correct minor acreage calculation public information session from 6 to 7 analysis correctly assesses the effect on errors in the February 1, 2006, proposed p.m. at the same location. Maps of the regional costs associated with any land rule (71 FR 5516), announce the proposal and other materials will be use controls that may derive from the inclusion of an additional 6 acres available for public review. designation of critical habitat; (distributed among proposed critical Comments and materials received, as (8) Whether the draft economic habitat units 1, 2, and 3), and solicit well as supporting documentation used analysis appropriately identifies all

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