[Federal Register Volume 59, Number 89 (Tuesday, May 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11258]
[[Page Unknown]]
[Federal Register: May 10, 1994]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 17
RIN 1018-AC50
Endangered and Threatened Wildlife and Plants; Proposed
Endangered Status for Three Insects From the Santa Cruz Mountains of
California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes
endangered status pursuant to the Endangered Species Act of 1973, as
amended (Act), for the Mount Hermon June beetle (Polyphylla barbata)
Zayante band-winged grasshopper (Trimerotropis infantilis), and Santa
Cruz rain beetle (Pleocoma conjugens conjugens). These three insects
are located in Santa Cruz County, California, and are threatened by
urban development, recreational use, sand mining, agricultural
activities, and alteration of natural fire frequency. This proposal, if
made final, would implement the Federal protection and recovery
provisions of the Act for these three species.
DATES: Comments from all interested parties must be received by July
11, 1994. Public hearing requests must be received by June 24, 1994.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Field Supervisor, U.S. Fish and Wildlife Service, Ventura
Field Office, 2140 Eastman Avenue, suite 100, Ventura, California
93003. Comments and materials received will be available for public
inspection, by appointment, during normal business hours at the above
address.
FOR FURTHER INFORMATION CONTACT: Ms. Judy Hohman at the above address
(telephone 805/644-1766).
SUPPLEMENTARY INFORMATION:
Background
The Mount Hermon June beetle (Polyphylla barbata), Zayante band-
winged grasshopper (Trimerotropis infantilis), and Santa Cruz rain
beetle (Pleocoma conjugens conjugens) are endemic to restricted
sandstone deposits in the Santa Cruz Mountains, Santa Cruz County,
California. The Santa Cruz Mountains are a relatively young range
composed of igneous and metamorphic rocks overlain by thick layers of
sedimentary material uplifted from the ocean floor and ancient
shoreline zone (Caughman and Ginsberg 1987). These Miocene marine
terraces, referred to as the Santa Margarita formation (Marangio and
Morgan 1986), persist as pockets of sandstones and limestones that are
geologically distinct from the volcanic origins of the mountain range.
Soils that formed from these sandstone deposits occur in scattered
pockets covering about 3,240 hectares (ha) (8,000 acres (ac)) (Marangio
and Morgan 1986), and are referred to as the Zayante series (USDA Soil
Conservation Service 1980). Pockets of Zayante soils are deep, coarse-
textured and poorly developed, and occur in three clusters in the Santa
Cruz Mountains. The largest cluster is in the vicinity of the
communities of Ben Lomond, Felton, Mount Hermon, and Olympia, and the
city of Scotts Valley. A second cluster is in the Bonnie Doon area, and
the third, which is the smallest, is in the vicinity of the community
of Corralitos (Marangio 1985).
Predominant vegetation of the Santa Cruz Mountains consists of
redwood forest (Zinke 1988) and mixed evergreen forest (Sawyer et al.
1988). Within the Santa Cruz Mountains, however, two unique communities
are restricted to the Zayante soil series: maritime coast range
ponderosa pine forest and northern maritime chaparral (Griffin 1964,
Holland 1986). Maritime coast ponderosa pine forests are open park-like
areas that usually contain ponderosa pine (Pinus ponderosa), knobcone
pine (P. attenuata), coast live oak (Quercus agrifolia), and, at a few
sites, the federally endangered Santa Cruz cypress (Cupressus
abramsiana) (Griffin 1964, Holland 1986, Morgan 1983). Northern
maritime chaparral, locally referred to as ``silver-leaf manzanita
mixed chaparral'' (Marangio 1985, Marangio and Morgan 1986), is
dominated by the endemic silver-leaved manzanita (Arctostaphylos
silvicola), a candidate for Federal listing.
Both the knobcone pine and Santa Cruz cypress are dependent on
naturally occurring fires at appropriate frequencies for regeneration.
The association of these fire dependent species with maritime coast
ponderosa pine forests indicates that fire frequency plays a role in
the survival of this vegetation community. The ponderosa pines and
associated trees occur in scattered to dense stands with an understory
of small herbaceous plants and grasses and frequently little shrub
understory. Maritime coast ponderosa pine forest may include areas
lacking ponderosa pine. Local botanists refer to maritime coast
ponderosa pine forest in this area as ``ponderosa pine sand parkland''
(Marangio 1985, Morgan 1983) or ``ponderosa pine sandhill'' (California
Native Plant Society 1986). Because of their disjunct distribution,
ponderosa pine sand parklands have been called ``biological islands''
(Marangio 1985).
The Mount Hermon June beetle, Zayante band-winged grasshopper, and
Santa Cruz rain beetle have very restricted ranges within the Santa
Cruz Mountains. With the exception of two sightings, all known
localities for the three taxa are within a 52 square kilometer (20
square mile) range on ponderosa pine sand parklands.
The Mount Hermon June beetle was first described by Cazier (1938)
from Mount Hermon, Santa Cruz County, California. It is 1 of 28 species
of Polyphylla in America north of Mexico and 1 of 15 species of the
diffracta complex within the genus Polyphylla (Young 1988). Young
(1988) recently made several nomenclatural adjustments of the genus
Polyphylla but retained P. barbata. Two other species of Polyphylla
occur in the Ben Lomond-Mt. Hermon area, P. crinita and P. nigra. P.
crinita occurs from British Columbia, Idaho, and Montana south to
California and Nevada. P. nigra occurs from British Columbia south to
Baja California, Mexico. The Mount Hermon June beetle is distinguished
from other species of Polyphylla by the presence of relatively dense,
long, erect hairs scattered randomly over the elytra (thick leathery
front wings) and short erect hairs on the pygidium (abdominal segment)
(Young 1988).
The adult male Mount Hermon June beetle is a cryptic small scarab
beetle with a black head, dark blackish-brown elytra clothed with
scattered long brown hair, and a striped body (Borror et al. 1976,
Young 1988). Elytral vittae are broken, often reduced to discontinuous
clumps of scales but still form identifiable lines (Young 1988).
Females are larger, with a black head, chestnut color clypeus (plate on
lower part of face) and elytra, and golden hairs on head, thorax, and
legs (Young 1988). The one adult female described was 22 x 11
millimeters (mm) (0.87 x 0.43 inches (in)) while the holotype male
was 20 x 9.7 mm (0.79 x 0.38 in) (Young 1988).
The Mount Hermon June beetle requires about 2 to 3 years to mature
from hatching through the adult form. Most of the life cycle is spent
in the larval form. The larvae are subterranean and feed on the roots
of certain grasses (Dr. Art Evans, Los Angeles County Museum of Natural
History, pers. comm., 1993). Adults may feed on leaves (Dr. Fred
Andrews, California Department of Food and Agriculture, pers. comm.,
1993). Adult males are strong fliers and females are fossorial; they
may be reluctant to fly because of their large body size (A. Evans,
pers. comm., 1993; Dr. Alan Hardy, California Department of Food and
Agriculture, pers. comm., 1993). For 1 to 2 months in spring and early
summer, the adults emerge at dusk for mating and the males fly in
search of females. This limited time period for mating suggests that a
specific mechanism to ensure reproductive success is employed such as
emission of pheromones by females to attract males (Lilly and
Shorthouse 1971 in Young 1988). Within a short time after mating and
egg-laying, the adults die.
The Mount Hermon June beetle is found on ponderosa pine sand
parklands in the immediate vicinity of the communities of Mount Hermon,
Glen Arbor, Olympia, and Ben Lomond in Santa Cruz County, California
(Young 1988). A lone beetle specimen collected in 1968 is labeled as
occurring in Santa Cruz. This specimen may have been a waif, since
these beetles are strong fliers, or the location on the label was
inaccurate (Stephen McCabe, California Native Plant Society, in litt.,
1991). Recent collections of Mount Hermon June beetles (1990) are from
ponderosa pine sand parklands between the communities of Ben Lomond and
Mount Hermon (S. McCabe, in litt., 1991).
The limited range of the Mount Hermon June beetle is probably due
to various factors including substrate preferences, food sources, and
the apparent restricted home range of the females. Beetles of this
genus prefer sand/grass or sand/grass and coniferous forest (substrate/
plant) associations such as those found in ponderosa pine sand parkland
(Borror et al. 1976; Young 1988; A. Hardy, pers. comm., 1993). The
Mount Hermon June beetle seems to prefer grasses and conifers (A.
Evans, pers. comm., 1993) associated with ponderosa pine sand parkland
(Marangio and Morgan 1986).
The Zayante band-winged grasshopper (Trimerotropis infantilis) was
first described from a ponderosa pine sand parkland area of the Santa
Cruz Mountains, Santa Cruz County, California (Rentz and Weissman
1984). It is 1 of 54 species in the genus Trimerotropis (Rentz and
Weissman 1984). This species is similar in appearance to T. occulans,
which is restricted to San Luis Obispo and Santa Barbara Counties (Otte
1984), and T. koebelei, which is larger in size and has a wider frontal
costa (wing vein), lower pronotal crest (dorsal body wall plate of the
prothorax), and more distinct pronotal carinae (keel).
The Zayante band-winged grasshopper is one of the smallest species
in the genus. The body and forewings are pale gray to light-brown with
dark crossbands on the forewings. The basal area of the hindwings is
pale yellow with a faint thin band (Otte 1984, Rentz and Weissman
1984). The hind tibiae are blue-gray and the eye is banded. The
pronotum possesses lateral carinae represented as tubercles. Individual
flights are between 1 to 2 meters (m) (3 to 7 feet (ft)), and the
grasshoppers stridulate while flying, producing a buzzing sound (Rentz
and Weissman 1984). Band-winged grasshoppers often alight on bare
ground and are conspicuous in flight because of the color of the hind
wings and the crackling sound made by the wings (Borror et al. 1976).
Locality records and recent collections indicate the distribution
of the Zayante band-winged grasshopper is restricted to ponderosa pine
sand parklands in the Santa Cruz Mountains, specifically in the
vicinity of the community of Felton (Rentz and Weissman 1988; R.
Morgan, private consultant, Soquel, California, in litt., 1992).
Efforts to collect Zayante band-winged grasshoppers from numerous
localities in central Santa Cruz County and various habitats including
grassland and chaparral have been unsuccessful except at ponderosa pine
sand parklands (R. Morgan, in litt., 1992). The Zayante band-winged
grasshopper often occurs in association with the Ben Lomond wallflower
(Erysimum teretifolium) (R. Morgan, in litt., 1992), a federally
endangered species that is also restricted to ponderosa pine sand
parklands.
Horn (1888a, 1888b in Horvore 1977) described a new species of rain
beetle from near the city of Santa Cruz as Pleocoma conjugens.
Subsequently, Horvore's (1977) analysis of rain beetles identified two
allopatric subspecies, one restricted to the Santa Cruz Mountains
(Pleocoma conjugens conjugens) and the second restricted to the Santa
Lucia Mountains (Pleocoma conjugens lucia) in Monterey County. These
subspecies differ in morphological characteristics and food preferences
of larvae. The Santa Cruz rain beetle is the only species of rain
beetle known to occur in the Santa Cruz Mountains. The closest known
population of any other species of rain beetles is located in the
western Santa Clara Valley and is within a complex of populations
assigned to Pleocoma behrensi (Frank Horvore, Placerita Canyon Nature
Center, in litt., 1993).
Adult male Santa Cruz rain beetles are generally stout-bodied,
convex from above, relatively large when compared to other rain beetles
(about 25 mm (1 in) in length), unicolorous, shining reddish-brown to
blackish in color, and the ventral surface of the body is clothed with
long hair (Horvore 1979). The head is specifically modified for
digging. The elytra are not truncate at the apex and cover the entire
abdomen. Front tibiae are dilated, flattened, and coarsely scalloped or
toothed along the outer edge (Borror et al. 1976, Horvore 1977).
Segment 3 of the antenna is elongate and strongly angulated anteriorly
at apical 1/3. In the female, segment 6 of the antenna has lamellae
distinctly shorter than segment 7; segment 9 is longest (Horvore 1977).
Females are small (27 to 32 mm (1 to 1.3 in) in length) when compared
to other species of rain beetles, with the pronotal surface (dorsal
body plate of the thorax) shining and moderately densely punctate.
Antennal segment 3 is short and subcylindrical; segment 9 is longest.
They lack functional wings and are usually fatter than males (Horvore
1979). Adults lack working mouthparts and cannot feed (Horvore 1979).
Both male and female Santa Cruz rain beetles in the Mount Hermon
area have been found in dry sandy soils in open areas (F. Horvore,
pers. comm., 1993). Hazeltine (1950) located larvae in an area of grass
and ponderosa pine, which is a description of ponderosa pine sand
parkland. Larvae and adults are subterranean except when adult males
emerge to fly in search of females. Eggs are laid in the female's
burrow in spring or summer following mating in the fall or winter.
Burrows may be up to 1 m (3 ft) deep. Egg development takes about 2
months. The larvae live in the soil and feed on the roots of plants
(Borror et al. 1976). Probable host plants are Pinus ponderosa,
Gnaphalium sp., and Quercus agrifolia (Hazeltine 1950). Larval lifespan
extends for several years, 13 years for some Pleocoma species.
Following transformation through the pupal stage to the adult stage and
the onset of winter rains, the adult rain beetles emerge from
underground burrows at dawn or dusk to mate (Borror et al. 1976,
Horvore 1979). Females excavate a tunnel to the surface, release a
pheromone, return to the tunnel, and await the arrival of a male (Dr.
James Chemsak, University of California, Berkeley, pers. comm., 1993).
That is the only time a female is above ground. Males locate females by
flying and tracking pheromones emitted by the females (James Robertson,
Los Angeles County Museum of Natural History, pers. comm., 1993).
Populations are often restricted to a few acres of habitat (Horvore
1979). The size and distribution of a population is limited to the area
that flightless females can tunnel through to lay eggs and that larvae
can excavate while feeding on roots.
Locality records indicate the Santa Clara rain beetle is limited to
the Santa Cruz Mountains in the area of the communities of Ben Lomond,
Felton, Mount Hermon, Scotts Valley, Redwood Glen, and Waddell Creek
(Hazeltine 1950, Horvore 1977, F. Horvore in litt. 1993). All
locations, except Waddell Creek, are within ponderosa pine sand
parkland. The male rain beetle's ability for strong and sustained
flight and its attraction to reflections of light from water may
explain the locality record from Waddell Creek.
Historic and recent collection records indicate that the Mount
Hermon June beetle, Zayante band-winged grasshopper, and Santa Clara
rain beetle are restricted to ponderosa pine sand parkland habitat.
More than 50 percent of this habitat has been lost or altered from
human development (e.g., housing development, agriculture, mining,
recreation) and alteration of fire frequency. By 1986, approximately
100 ha (250 ac) of ponderosa pine sand parklands scattered over about
20 sites remained undeveloped (Marangio and Morgan 1986). By 1992, less
than 40 ha (100 ac) was estimated to remain (R. Morgan, pers. comm.,
1992).
Approximately 40 percent of the remaining known and potential
ponderosa pine sand parkland habitat for the Mount Hermon June beetle,
Zayante band-winged grasshopper, and Santa Cruz rain beetle is
privately owned. Public land within existing and potential habitat
includes Quail Hollow Ranch, owned by the County of Santa Cruz; a
preserve adjacent to Quail Hollow Ranch and Bonny Doon Ecological
Preserve, owned by the California Department of Fish and Game
(Department); and Henry Cowell Redwoods State Park.
Previous Federal Action
The Service included the Mount Hermon June beetle as a category 2
candidate species in the January 6, 1989 (54 FR 554), and November 21,
1991 (56 FR 58804), Animal Notices of Review. Category 2 species are
those for which information in the Service's possession indicates that
listing is possibly appropriate, but for which substantive data on
biological vulnerability and threats are not currently available to
support proposed rules. On February 11, 1991, the Service was
petitioned by Mr. Stephen McCabe, California Native Plant Society, to
emergency list the Mount Hermon June beetle as an endangered species.
The Service made a 90-day finding on June 10, 1991, that
substantial information had been presented indicating that the
petitioned action may be warranted, and announced this decision in the
August 19, 1992, Federal Register (57 FR 37513). The Service initiated
a status review of the Mount Hermon June beetle at that time.
The Service was petitioned on July 16, 1992, by Dr. David Weissman,
California Academy of Sciences, to list the Zayante band-winged
grasshopper as an endangered species. This proposed rule constitutes
the final finding for the petitioned actions for the Mount Hermon June
beetle and Zayante band-winged grasshopper, in accordance with section
4(b)(3)(B)(ii) of the Act.
The Service learned of the status of and threats to the Santa Cruz
rain beetle during its status reviews of the Mount Hermon June beetle
and Zayante band-winged grasshopper. During the status reviews of the
three taxa, the Service examined the available data on life history,
ecology, locality records, and species' range. Sources of status and
threat information for the Mount Hermon June beetle, Zayante band-
winged grasshopper, and Santa Cruz rain beetle include reports and
plans supplied by proponents and reviewing agencies for development
projects within the range of these three species, and published and
unpublished data from scientists with expertise on these taxa and their
habitat needs. Following completion of the status reviews, the Service
determined that enough information exists to propose the species for
listing.
Summary of Factors Affecting the Species
Section 4 of the Act (16 U.S.C. 1533) and regulations (50 CFR part
424) promulgated to implement the listing provisions of the Act set
forth the procedures for adding species to the Federal lists. A species
may be determined to be an endangered or threatened species due to one
or more of the five factors described in section 4(a)(1). These factors
and their application to the Mount Hermon June beetle (Polyphylla
barbata), Zayante band-winged grasshopper (Trimerotropis infantilis),
and Santa Cruz rain beetle (Pleocoma conjugens conjugens) are as
follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. The Mount Hermon June beetle,
Zayante band-winged grasshopper, and Santa Cruz rain beetle inhabit
restricted pockets of ponderosa pine sand parklands in the Santa Cruz
Mountains. The imminent threat facing these species and their
associated habitat is the ongoing and threatened destruction and
adverse modification of habitat by one or more of the following
activities: urban development, agriculture, sand mining, recreational
use, and alteration of fire frequency (see Factor E below).
Historically there were approximately 200 ha (500 ac) of ponderosa
pine sand parklands. By 1986, only about 100 ha (250 ac) of ponderosa
pine sand parklands scattered over about 20 sites remained (Marangio
and Morgan 1986). By 1992, estimates of remaining ponderosa pine sand
parklands totalled less than 40 ha (100 ac) (R. Morgan, pers. comm.,
1992).
Urban development has resulted in alteration and loss of habitat
for the Mount Hermon June beetle, Zayante band-winged grasshopper, and
Santa Cruz rain beetle. Construction of private homes, roads, and
businesses has removed vegetation and modified soils through compaction
and disruption of the soil's horizon. More than 480 ha (1,200 ac) of
sandhills vegetation has been lost to residential development. One site
where the Zayante band-winged grasshopper previously had been collected
has since been converted to a parking lot (D. Weissman, pers. comm.,
1992). Existing Santa Cruz County and Scotts Valley plans, zoning
designations, and approved permits indicate that development will
continue in this area and further fragment and reduce the habitat for
these taxa (Marangio 1985).
Historically, portions of sandhills vegetation were cleared for
agriculture, but they were unproductive, prone to erosion, and of
little agricultural value (Griffin 1964, Storie et al. 1944 as cited in
Griffin 1964). Although ponderosa pine sand parklands are not heavily
used for agricultural purposes, past clearing for cattle grazing has
contributed to their fragmentation and decline.
Sand deposits have been actively mined for construction purposes
within the ponderosa pine sand parklands for at least five decades
(Storie et al. 1944 in Griffin 1964). Much of the remaining habitat of
the Mount Hermon June beetle, Zayante band-winged grasshopper, and
Santa Cruz rain beetle is threatened by sand mining. The type locality
for the Zayante band-winged grasshopper has been mined and is currently
an unvegetated deep pit (R. Morgan, in litt., 1992). Four large
quarries with mining permits exist in the vicinity of known occurrences
of the three insect species. Three of these mines are currently active:
Quail Hollow Quarry, with current plans for expansion (John Gilchrist
and Associates 1990); Olympia Quarry, also with plans for expansion;
and Kaiser-Felton Quarry (Suzanne Smith, County of Santa Cruz Planning
Department, pers. comm., 1993). Geyer Quarry, although currently
inactive, was mined as recently as 1991 and could begin production
again with adequate financing (S. Smith, pers. comm., 1993). Long-term
plans of quarry operators are to mine the entire properties (S. Smith,
pers. comm., 1993). Santa Cruz County is requesting and has received
mining revegetation plans from some quarries. However, revegetation
efforts likely will not provide for all of the essential requirements
of the Mount Hermon June beetle, Zayante band-winged grasshopper, and
Santa Cruz rain beetle for successful feeding, cover, reproduction, and
growth.
Recreational off-road motorcycle use has become popular in the
Santa Cruz Mountains. Large group events (200+ people) occur on
ponderosa pine sand parklands (Al Haynes, Watershed Analyst, San
Lorenzo Water District, pers. comm., 1993). This recreational activity
crushes and removes vegetation, causes compaction of soils, promotes
soil erosion and runoff, and occasionally results in oil and gasoline
spills.
Recreational use on public lands also threatens habitat occupied by
these species. Henry Cowell Redwoods State Park includes about 8 ha (20
ac) of ponderosa pine sand parklands. An existing campground
encompasses about half of this ponderosa pine habitat (Deborah
Hilliard, California Department of Fish and Game, pers. comm., 1993,
Sue Steinmetz, Henry Cowell Redwoods State Park, pers. comm., 1993).
Quail Hollow Ranch, recently purchased by the county of Santa Cruz for
development as a multipurpose regional park, contains approximately 17
ha (42 ac) of ponderosa pine sand parklands suitable for the Mount
Hermon June beetle, Zayante band-winged grasshopper, and Santa Cruz
rain beetle (County of Santa Cruz 1990). The master plan for the park
includes establishment of sports fields for soccer and softball,
equestrian use with stables, picnic facilities, and an amphitheater.
Without careful planning and consideration, facility construction and
use will result in adverse impacts to these species.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Amateur collecting for the Mount Hermon June
beetle and Santa Cruz rain beetle has and does occur on a limited
basis. Collection is restricted to the time period the species spend
above ground as an adult (A. Hardy, pers. comm., 1993; Marilyn Perry,
Santa Cruz County Agricultural Commissioners' Office, pers. comm.,
1993). As these species become more uncommon, the interest of
collectors is likely to increase; however, overutilization by
collection is not known to occur at this time.
C. Disease or predation. Not known to be applicable.
D. The inadequacy of existing regulatory mechanisms. Regulatory
mechanisms currently in effect do not provide adequate protection of
the Mount Hermon June beetle, Zayante band-winged grasshopper, Santa
Cruz rain beetle, or their habitat. There is no legal requirement for
Federal agencies to consider and manage for these species during
project design and implementation, although some Federal agencies have
policies that encourage consideration of candidate species in the
design and implementation of Federal projects.
At the State and local levels, regulatory mechanisms are also
limited. These three taxa are not listed by the State of California
under the California Endangered Species Act. State and local agencies
may consider these taxa when evaluating certain activities for
compliance with the California Environmental Quality Act and local
zoning regulations. If an activity is identified as having a potential
impact on these species, mitigation measures may be required by State
and local regulating agencies to offset these impacts. Santa Cruz
County requires that proposed projects comply with both general zoning
requirements and environmental designations. However, the County has
designated ponderosa pine sand parklands for quarry activity and zoned
the area for special use that includes mining (S. Smith, pers. comm.,
1993).
Public land ownership of existing and potential ponderosa pine sand
parkland habitat for these three species is limited to two ecological
preserves and two parks in the area. Only the Bonnie Doon Ecological
Preserve and the small preserve within Quail Hollow Ranch provide
protection for ponderosa pine sand parkland habitats. The two parks do
not operate under mandates to manage for the Mount Hermon June beetle,
Zayante band-winged grasshopper, Santa Cruz rain beetle, or ponderosa
pine sand parklands.
E. Other natural or manmade factors affecting its continued
existence. Pesticide use could pose a threat to these three taxa. If
Mediterranean fruit flies or similar pest species are found within the
Santa Cruz Mountains, aerial spraying of malathion or similar
insecticide may occur within the range of the Mount Hermon June beetle,
Zayante band-winged grasshopper, or Santa Cruz rain beetle. Local
landowners may use pesticides to control targeted species of
invertebrates around their homes and businesses. These pesticides may
drift and kill non-targeted species such as the Mount Hermon June
beetle, Zayante band-winged grasshopper, or Santa Cruz rain beetle.
Pesticide application is expected at existing and planned golf courses
and may occur on a limited basis at vineyards in the Santa Cruz
Mountains.
Habitat loss has fragmented the already limited range of the Mount
Hermon June beetle, Zayante band-winged grasshopper, and Santa Cruz
rain beetle into a patchwork of small, isolated remnants. Because of
reduced population size and limited habitat availability, most of the
remaining populations are vulnerable to extirpation from unpredictable
environmental, genetic, and demographic events (Gilpin 1987).
Extinction rates increase as habitat size decreases and distance from
neighboring populations increases. These factors apply to the Mount
Hermon June beetle, Zayante band-winged grasshopper, and Santa Cruz
rain beetle. As the remaining habitat units decrease in size, edge
effect becomes increasingly important (i.e., smaller habitats have less
space available to buffer adverse impacts from outside influences such
as human disturbance or chemical contamination). In addition,
populations in smaller habitat fragments are subject to the effects of
genetic drift (the random loss of genetic variability). This phenomenon
also reduces the ability of individuals and populations to successfully
respond to environmental stresses, such as increased predation,
diseases, or changes in climate.
Because the Mount Hermon June beetle, Zayante band-winged
grasshopper, and Santa Cruz rain beetle are adapted and restricted to
ponderosa pine sand parkland, changes in primary vegetation are likely
to result in decreased population viability and eventually local
extirpation of these species. Ponderosa pine sand parkland is
exhibiting a gradual change to mixed evergreen forest in some
locations. Coast live oak, madrone, and other species typical of mixed
evergreen forest are encroaching into ponderosa pine sand parkland
(Marangio and Morgan 1986). This encroachment has been attributed to
the reduced frequency of fire (Morgan 1983). Historically, fire may
have prevented the invasion of these mixed evergreen forest species
that are not as well adapted to survive fire. Recent settlement of the
area and associated suppression of fires to prevent property damage has
aided in the establishment of mixed evergreen forest species in
ponderosa pine sand parklands. The need for fire in maintaining
ponderosa pine sand parkland is also supported by the occurrence of
knobcone pine and, in some locations, Santa Cruz cypress (Holland
1986), both of which are fire tolerant.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by these species in determining to propose this
rule. Because the Mount Hermon June beetle, Zayante band-winged
grasshopper, and Santa Cruz rain beetle are threatened by one or more
of the following factors--urban development, agriculture, recreational
use, sand mining, fire frequency, pesticide use, and genetic
restriction--the preferred action is to list the Mount Hermon June
beetle (Polyphylla barbata), Zayante band-winged grasshopper
(Trimerotropis infantilis), and Santa Cruz rain beetle (Pleocoma
conjugens conjugens) as endangered. Critical habitat is not being
proposed for these species for reasons discussed below.
Critical Habitat
Section 4(a)(3) of the Act, as amended, requires that, to the
maximum extent prudent and determinable, the Service designate critical
habitat at the time the species is determined to be endangered or
threatened. The Service finds that the designation of critical habitat
is not prudent for the Mount Hermon June beetle, Zayante band-winged
grasshopper, and Santa Cruz rain beetle at this time. The Service's
regulations (50 CFR 424.12(a)(1)) state that designation of critical
habitat is not prudent when one or both of the following situations
exist: (1) the species is imperiled by taking or other human activity,
and identification of critical habitat can be expected to increase the
degree of such threat to the species; or (2) such designation of
critical habitat would not be beneficial to the species.
In the case of the Mount Hermon June beetle, Zayante band-winged
grasshopper, and Santa Cruz rain beetle, the second criterion is met.
All populations of the three species are found on State or private
lands where Federal involvement in land-use activities does not
generally occur. Additional protection resulting from critical habitat
designation is achieved through the section 7 consultation process.
Since section 7 would not apply to land-use activities occurring within
critical habitat, its designation would not appreciably benefit the
species.
Available Conservation Measures
Conservation measures provided to the species listed as endangered
or threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
activities. Recognition through listing encourages and results in
conservation actions by Federal, State, and private agencies, groups,
and individuals. The Act provides for possible land acquisition and
cooperation with the States and requires that recovery actions be
carried out for all listed species. The protection required of Federal
agencies and the prohibitions against taking and harm are discussed, in
part, below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) of the Act requires Federal agencies to
confer informally with the Service on any action that is likely to
jeopardize the continued existence of a proposed species or result in
destruction or adverse modification of proposed critical habitat. If a
species is listed subsequently, section 7(a)(2) of the Act requires
Federal agencies to ensure that activities they authorize, fund, or
carry out are not likely to jeopardize the continued existence of such
a species or to destroy or adversely modify its critical habitat. If a
Federal action may affect a listed species or its critical habitat, the
responsible Federal agency must enter into formal consultation with the
Service. No Federal involvement is expected for activities occurring
within habitats currently occupied by the Mount Hermon June beetle,
Zayante band-winged grasshopper, and Santa Cruz rain beetle.
Under section 4 of the Act, listing the Mount Hermon June beetle,
Zayante band-winged grasshopper, and Santa Cruz rain beetle would
provide for the development of a recovery plan, which would bring
together Federal, State, local government, and private agencies and
individuals to develop conservation strategies for these species. The
recovery plan would develop a framework of recovery activities,
priorities, and funding requirements to accomplish conservation
objectives and ensure the survival and recovery of the Mount Hermon
June beetle, Zayante band-winged grasshopper, and Santa Cruz rain
beetle.
The Act and implementing regulations found at 50 CFR 17.21 for
endangered species set forth a series of general prohibitions and
exceptions that apply to all endangered wildlife. These prohibitions,
in part, make it illegal for any person subject to the jurisdiction of
the United States to take (including harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, collect, or attempt any such conduct),
import or export, transport in interstate or foreign commerce in the
course of commercial activity, or sell or offer for sale in interstate
or foreign commerce any listed species. It also is illegal to possess,
sell, deliver, carry, transport, or ship any such wildlife that has
been taken illegally. Certain exceptions apply to agents of the Service
and State conservation agencies.
Permits may be issued to carry out otherwise prohibited activities
involving endangered wildlife species under certain circumstances.
Regulations governing permits are at 50 CFR 17.22 and 17.23. Such
permits are available for scientific purposes, to enhance the
propagation or survival of the species, and/or for incidental take in
connection with otherwise lawful activities.
Requests for copies of the regulations on listed wildlife and
inquiries regarding them should be addressed to the U.S. Fish and
Wildlife Service, Endangered Species Permits, 911 N.E. 11th Avenue,
Portland, Oregon 97232-4181 (telephone 503/231-6241, facsimile 503/231-
6243).
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule are hereby solicited. Comments
particularly are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to these species;
(2) The location of any additional populations of these species and
the reasons why any habitat should or should not be determined to be
critical habitat as provided by section 4 of the Act;
(3) Additional information concerning the range, distribution, and
population size of these species; and
(4) Current or planned activities in the subject area and their
possible impacts on these species.
The final decision on this proposal will take into consideration
the comments and any additional information received by the Service,
and such communications may lead to a final regulation that differs
from this proposal.
The Endangered Species Act provides for a public hearing on this
proposal, if requested. Requests must be received within 45 days of the
date of publication of the proposal. Such requests must be made in
writing and addressed to Field Supervisor, Ventura Field Office (see
ADDRESSES section).
National Environmental Policy Act
The Fish and Wildlife Service has determined that an Environmental
Assessment, as defined under the authority of the National
Environmental Policy Act of 1969, need not be prepared in connection
with regulations adopted pursuant to section 4(a) of the Endangered
Species Act of 1973, as amended. A notice outlining the Service's
reasons for this determination was published in the Federal Register on
October 25, 1983 (48 FR 49244).
References Cited
A complete list of references cited in this rule is available upon
request from the Ventura Field Office (see ADDRESSES section).
Author
The primary author of this proposed rule is Judy Hohman, Ventura
Field Office (see ADDRESSES section) (telephone 805/644-1766).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Proposed Regulations Promulgation
Accordingly, the Service hereby proposes to amend part 17,
subchapter B of chapter I, title 50 of the Code of Federal Regulations,
as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. Section 17.11(h) is amended for animals by adding the following,
in alphabetical order under INSECTS, to the List of Endangered and
Threatened Wildlife:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
----------------------------------------------------------- population
where Critical Special
Historic range endangered Status When listed habitat rules
Common name Scientific name or
threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Insects
* * * * * * *
Beetle, Mount Hermon June... Polyphylla barbata.......... U.S.A. (CA)................. NA E NA NA
* * * * * * *
Beetle, Santa Cruz rain..... Pleocoma conjugens conjugens U.S.A. (CA)................. NA E NA NA
* * * * * * *
Grasshopper, Zayante band- Trimerotropis infantilis.... U.S.A. (CA)................. NA E NA NA
winged.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: April 25, 1994.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 94-11258 Filed 5-9-94; 8:45 am]
BILLING CODE 4310-55-P