[Federal Register Volume 62, Number 11 (Thursday, January 16, 1997)]
[Rules and Regulations]
[Pages 2313-2322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1111]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC84


Endangered and Threatened Wildlife and Plants; Determination of 
Endangered Status for the Laguna Mountains Skipper and Quino 
Checkerspot Butterfly

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service) determines the Laguna 
Mountains skipper (Pyrgus ruralis lagunae) and quino checkerspot 
butterfly (Euphydryas editha quino) to be endangered species throughout 
their respective ranges in southwestern California and northwestern 
Baja California, Mexico, pursuant to the Endangered Species Act of 
1973, as amended (Act). The Laguna Mountains skipper occupies montane 
meadow habitats in a very restricted range within San Diego County, 
California. The quino checkerspot is locally distributed in sunny 
openings within chaparral and coastal sage shrublands in portions of 
Riverside and San Diego counties, California, and northwestern Baja 
California, Mexico. These taxa are threatened by one or more of the 
following factors--loss and degradation and fragmentation of habitat 
due to grazing, urban development, and fire management practices; over-
collection and other human disturbance; and naturally occurring events 
such as fire or weather extremes. This rule implements Federal 
protection provided by the Act for the Laguna Mountains skipper and 
quino checkerspot butterflies.

EFFECTIVE DATE: January 16, 1997.

ADDRESSES: The complete file for this rule is available for public 
inspection, by appointment, during normal business hours at the 
Carlsbad Field Office, U.S. Fish and Wildlife Service, 2730 Loker 
Avenue West, Carlsbad, California 92008.

FOR FURTHER INFORMATION CONTACT: Ms. Marjorie Nelson, Biologist, at the 
above address (telephone 619/431-9440).

SUPPLEMENTARY INFORMATION:

Background

    The Laguna Mountains skipper (Pyrgus ruralis lagunae) is a small 
butterfly in the skipper family (Hesperiidae). It has a wingspan of 
about 3 centimeters (cm) (1 inch (in.)) and is distinguished from the 
rural skipper (P. ruralis ruralis) by extensive white wing markings 
that give adults, particularly males, an overall appearance of white 
rather than mostly black, and by the banding patterns on the hind wings 
(Scott 1981, Levy 1994). The Laguna Mountains skipper is found in 
montane meadow habitats.
    The Laguna Mountains skipper is one of two recognized subspecies of 
the rural skipper, Pyrgus ruralis. Scott (1981) described P. ruralis 
lagunae from a collection made in 1956 by F. Thorne in the Laguna 
Mountains of San Diego County, California, based upon population 
isolation and color differentiation. The Laguna Mountains skipper is 
restricted to the Laguna Mountains and Mount Palomar in San Diego 
County. The other subspecies of the rural skipper (P. ruralis ruralis) 
ranges from the mountains of British Columbia and Alberta, Canada, 
south to the coast ranges and Sierra Nevada of central California, as 
well as Nevada, Utah, and northern Colorado (Stanford and Opler 1993; 
John Brown, Dudek and Associates, in litt., 1992) and has darker wings 
than the Laguna Mountains skipper.
    Three other species in the genus Pyrgus occur in San Diego County: 
the common checkered skipper (P. communis), the small checkered skipper 
(P. scriptura), and the western checkered skipper (P. albescens). The 
Laguna Mountains skipper can be distinguished from all three of these 
species by the whitish appearance of the adults and the use of a single 
larval host

[[Page 2314]]

plant, Horkelia clevelandii (Cleveland's horkelia), in the rose family 
(Rosaceae) (Garth and Tilden 1986, Scott 1986). In addition, the 
western checkered skipper and southern California populations of the 
small checkered skipper are restricted to desert areas (Garth and 
Tilden 1986).
    The Laguna Mountains skipper population in the Laguna Mountains in 
San Diego County (J. Brown, in litt., 1992) was not seen during a 
relatively extensive survey in 1994 (Levy 1994) but was seen in 1995 
(Jack Levy, pers. comm., 1995). Prior to that observation, it was last 
seen in the Laguna Mountains in 1986 occupying a small area along a 
fence in a U.S. Forest Service (USFS) campground (Levy 1994; Murphy 
1990; D. Hogan, San Diego Biodiversity Project, pers. comm., 1993;). 
The Laguna Mountains population was estimated to consist of fewer than 
100 individuals (Murphy 1990; Brown 1991; J. Brown, in litt., 1992).
    The Laguna Mountains skipper is currently found at four sites in 
the Mount Palomar region of San Diego County (Levy 1994). It was 
detected and collected on Mount Palomar in 1991 by D. Lindsley (J. 
Brown, in litt., 1992: J. Brown, pers. comm., 1993). Two additional 
populations were located in 1994 (Levy 1994). The largest of the Mount 
Palomar populations is estimated to comprise 240 individuals (Levy 
1994).
    Horkelia clevelandii is the larval host plant of the Laguna 
Mountains skipper. This plant occurs in meadows, under pines, and on 
granite in the Laguna, Cuyamaca, Palomar, and San Jacinto Mountains of 
southwestern California and northwestern Baja California, Mexico, from 
1,200 to 2,500 meters (m) (4,000 to 8,000 feet (ft)) in elevation 
(Hickman 1993). Although the distribution of a butterfly is primarily 
defined by the presence of its larval host plant, the butterfly may be 
further restricted by other physiological or ecological constraints. 
The Laguna Mountains skipper is currently found in a few open meadows 
of yellow pine forest between 1,200 and 2,000 m (4,000 and 6,000 ft) in 
elevation. Historically, this skipper may have occurred throughout the 
higher elevations of San Diego County (Murphy 1990; Brown 1991; J. 
Brown, in litt., 1992). Murphy (1990) reported that there were at least 
six populations of this taxon in the Laguna Mountains in the 1950's and 
1960's; however, current information indicates only one extant 
population. Until its rediscovery in 1983 by J. Emmel and subsequent 
sightings in 1986 and 1995, this skipper had not been seen in the 
Laguna Mountains since 1972 (J. Brown, in litt., 1992).
    Historically, the Mount Palomar populations were small compared to 
the populations in the Laguna Mountains. Only five specimens have been 
collected from Mount Palomar in this century (J. Brown, in litt., 
1992). Prior to specimens collected in 1991 and the additional 
populations found in 1994, the last known sightings from Mount Palomar 
were from 1980 and, prior to that, from 1939 (Brown 1991; Levy 1994; J. 
Brown, in litt., 1992).
    The Laguna Mountains skipper is apparently bivoltine (two 
generations per year). The adult flight season occurs from April to May 
with a second smaller flight in late June to late July (Brown 1991, 
Levy 1994). The Laguna Mountains skipper may have evolved a unique 
mechanism for coping with the low daytime temperatures it encounters 
during its spring flight, which is unusually early for butterflies in 
the Laguna Mountains (Brown 1991). It is assumed that the life history 
of the Laguna Mountains skipper is similar to that of the nominate 
subspecies (Pyrgus ruralis ruralis), which diapauses (maintains a state 
of suspended activity) as a full grown larva and lives 10 to 20 days in 
the adult stage (J. Brown, in litt., 1992).
    The quino checkerspot, Euphydryas (=Occidryas) editha quino is a 
small member of the brush-footed butterfly family (Nymphalidae). It has 
about a 3 cm (1 in.) wingspan and is checkered with dark brown, 
reddish, and yellowish spots. It is one of 12 recognized subspecies of 
E. editha (editha checkerspot) (Miller and Brown 1981, Ferris 1989). 
The quino checkerspot can be distinguished from other subspecies of E. 
editha in that the quino checkerspot tends to be larger with redder 
wings, and the light spots on the wings tend to be fewer and more 
discrete (Garth and Tilden 1986). This taxon also looks similar to two 
other species of butterfly that occur within its range. The Chalcedon 
checkerspot (E. chalcedona) is yellower and slightly larger, with 
sharper forewings, than the quino checkerspot. Gabb's checkerspot 
(Chlosyne gabbii) is smaller than the quino checkerspot and has orange 
rather than red markings (Orsak 1977).
    The quino checkerspot was first described in 1863 by Hans Herman 
Behr, an entomologist with the California Academy of Sciences in San 
Francisco, as Melitaea quino, based on a specimen from coastal San 
Diego County. It was subsequently recognized by Comstock (1927) as a 
full species of the genus Euphydryas. Euphydryas editha quino was then 
inappropriately identified as E. e. wrightii, thereby confusing it with 
earlier taxonomic treatments of the desert checkerspot, E. chalcedona 
hennei (formerly ssp. quino) (Scott 1981). This error was rectified by 
J. Emmel, based on a study of Behr's notes and available specimens 
(Allen 1990; Dennis Murphy, Stanford University, in litt., 1988). The 
genus Euphydryas is also referred to as Occidryas, but most authors 
retain the former name (Scott 1986, Harrison et al. 1988, Murphy 1990, 
Brown 1991).
    Adult quino checkerspot butterflies live from 4 to 8 weeks. The 
flight season occurs from mid-January to late April and peaks between 
March and April. The eggs hatch in about 10 days and the larvae begin 
to feed immediately. Fourth instar (development stage) larvae enter an 
obligatory diapause as summer approaches and their larval food plant 
dries up. Extended periods of diapause may occur during times of 
drought (Greg Ballmer, University of California at Riverside, in litt., 
1990). Post-diapause larvae develop through four more instars and then 
pupate to emerge as adults in the early spring (Murphy and White 1984).
    The quino checkerspot is restricted to open grassland and sunny 
openings within shrubland habitats of the interior foothills of 
southwestern California and northwestern Baja California, Mexico (G. 
Ballmer, in litt., 1991). Like the Laguna Mountains skipper, its 
distribution is defined primarily by that of its larval host plant. The 
primary larval food plant of the quino checkerspot is Plantago erecta 
(dwarf plantain) in the plantain family (Plantaginaceae). However, the 
larvae may also use Plantago ovata and Castilleja exserta (owl's-clover 
in the figwort family (Scrophulariaceae)) (White 1974; G. Ballmer, 
pers. comm., 1993). These plants grow in or near meadows, vernal pools, 
and lake margins, and spread to upland shrub communities of sparse 
chaparral and coastal sage scrub. This butterfly is generally found at 
sites where high densities of the host plants occur (J. Johnson, in 
litt., 1989; David Hawks, University of California at Riverside, in 
litt., 1992) and at a variety of elevations from about sea level to 
about 900 m (3,000 ft). Within these areas, the quino checkerspot may 
be preferentially selecting sites where exposure to winter sun is 
greatest (Weiss et al. 1987, Allen 1990). These habitats, like the 
quino checkerspot, were once common along coastal bluffs, mesas, and 
inland foothills (Brown and Faulkner 1984).
    The quino checkerspot may have been one of the most abundant 
butterflies in San Diego, Orange, and western

[[Page 2315]]

Riverside counties during the early part of the 20th century (Murphy 
1990). The original range of the quino checkerspot extended as far 
south as Valle de la Trinidad in northwestern Baja California, Mexico 
(Brown et al. 1992) and as far north as Point Dume in Los Angeles 
County (Allen 1990). Currently, only seven or eight populations are 
known within the United States (the lack of an exact count is due to 
uncertainty as to whether sightings of very small numbers of 
butterflies in two areas represent one or two populations). All known 
extant populations in the United States occur in southwestern Riverside 
and north-central San Diego counties (G. Ballmer, in litt., 1990 and 
1991, pers. comm., 1994; D. Hawks, pers. comm., 1993; Marjorie Nelson, 
U.S. Fish and Wildlife Service (USFWS), pers. obs., 1994). One 
population near Upper Otay Lake in San Diego County (D. Murphy, in 
litt., 1991) was last seen in 1990. In 1996, a very small group of 
quino checkerspots was sighted on Otay Mesa, but because of the very 
limited amount of available host plant, this occurrence is not expected 
to persist beyond 1996 (J. Brown, pers. comm., 1996). At least one 
population exists in Mexico, in the Sierra Juarez near Tecate (Brown 
1991; D. Murphy, in litt., 1991). Although no estimates of population 
sizes for the quino checkerspot are currently available, all but three 
populations are known to comprise fewer than five individuals.

Previous Federal Action

    On June 3, 1991, the Service received a petition dated May 27, 
1991, from Mr. David Hogan of the San Diego Biodiversity Project to 
list four butterfly taxa as endangered under the Act--the Laguna 
Mountains skipper (Pyrgus ruralis lagunae), Hermes copper (Lycaena 
hermes), Thorne's hairstreak (Mitoura thornei), and Harbison's dun 
skipper (Euphyes vestris harbisoni). The petition cited loss and 
degradation of habitat, through various causes, as the major threat to 
these butterflies. On July 12, 1993, the Service found that the 
petition contained substantial information indicating that the 
requested action may be warranted for the Laguna Mountains skipper, but 
not for the other three butterflies. The latter finding was made 
because sufficient information was not available regarding the threats 
to, and biological vulnerability of, those taxa. An announcement of 
these findings was published in the Federal Register on July 19, 1993 
(58 FR 38549).
    On September 30, 1988, the Service received a petition dated 
September 26, 1988, from Dr. Dennis Murphy of the Stanford University 
Center for Conservation Biology, to list the quino checkerspot 
butterfly (Euphydryas editha quino) as endangered under the Act. At the 
time the petition was submitted, this taxon had not been seen for 
several years and was thought to be extinct. Extant populations of the 
quino checkerspot were reported by Dr. Murphy in a letter dated August 
1, 1991, which again requested the Service to consider the petitioned 
action. The status of the quino checkerspot has been under review by 
the Service since 1984 (May 22, 1984; 50 FR 37958) and it was 
classified as a candidate on November 21, 1991 (56 FR 58804), meaning 
that information in the Service's possession was sufficient to support 
a proposal to list it as endangered or threatened.
    The proposed rule for these two taxa constituted the following 
findings--the final 12-month finding for the Laguna Mountains skipper 
that the petitioned action is warranted; the 90-day finding that the 
petition for the quino checkerspot butterfly presented substantial 
information that the action may be warranted; and the final 12-month 
finding for the quino checkerspot that the petitioned action is 
warranted. The proposed rule was published in the Federal Register on 
August 4, 1994 (59 FR 39868).
    The processing of this final rule conforms with the Service's 
listing priority guidance published in the Federal Register on December 
5, 1996 (61 FR 64475). The guidance clarifies the order in which the 
Service will process rulemakings following two related events: 1) the 
lifting, on April 26, 1996, of the moratorium on final listings imposed 
on April 10, 1995 (Public Law 104-6), and 2) the restoration of 
significant funding for listing through passage of the omnibus budget 
reconciliation law on April 26, 1996, following severe funding 
constraints imposed by a number of continuing resolutions between 
November 1995 and April 1996. The guidance calls for giving highest 
priority to handling emergency situations (Tier 1) and second highest 
priority (Tier 2) to resolving the listing status of the outstanding 
proposed listings. This final rule falls under Tier 2. At this time 
there are no pending Tier 1 actions. This rule has been updated to 
reflect any changes in distribution, status and threats since the 
effective date of the listing moratorium. This additional information 
was not of a nature to alter the Service's decision to list the 
species.

Summary of Comments and Recommendations

    In the August 4, 1994, proposed rule and associated notifications, 
all interested parties were requested to submit factual reports or 
information that might contribute to the development of a final rule 
for the two butterfly taxa considered in this rule. Appropriate Federal 
and State agencies, county governments, scientific organizations and 
authorities, and other interested parties were contacted and requested 
to comment. A notice announcing a public hearing and extension of the 
public comment period was published in the Federal Register on 
September 26, 1994 (59 FR 49045). Newspaper notices inviting public 
comment were published in the following newspapers: San Diego Union-
Tribune, Orange County Register, and Riverside County Press-Enterprise.
    A public hearing was held in Rancho Bernardo, California, on 
October 19, 1994, in conjunction with two other proposals to list three 
taxa (San Diego fairy shrimp, Cuyamaca Lake downingia, and Parish's 
meadowfoam), and the comment period was extended to October 31, 1994, 
to accommodate additional comments. The transcript from this hearing is 
available for inspection (see ADDRESSES section).
    The Service has reviewed the written and oral statements from the 
hearing and received during the comment period. A total of 21 
commenters (from 2 Federal entities and 19 organizations or 
individuals) submitted 33 comments. Thirty of the comments were either 
not relevant to this listing action or non-substantive. The remaining 
comments provided additional information and/or were substantive 
comments. Two commenters submitted additional information, much of 
which has been incorporated into this final rule. The issues raised by 
the other commenters are presented here. Issues of a similar nature 
were grouped from the comments received and are addressed below.

Issue 1

    Several commenters stated that the listing of these butterflies as 
endangered should be postponed until local multi-species planning 
efforts are completed. They stated that these actions will eliminate 
the need for listing by adequately providing for conservation while 
also permitting economic growth. Another commenter asserted that San 
Diego County multi-species efforts do not adequately cover the taxa in 
this rule.
    Service Response: Current regional multi-species planning efforts 
do not

[[Page 2316]]

provide sufficient protection for either taxon to preclude their 
listing under the Act. The Laguna Mountains skipper is not now covered 
by, nor currently being considered for inclusion in, any local multi-
species plan because its distribution lies outside ongoing regional 
planning areas.
    In 1991, the State of California established the Natural 
Communities Conservation Plan (NCCP) program to address conservation 
needs throughout the State. The focus of current planning programs is 
the coastal sage scrub community in southern California, although other 
vegetation communities are being addressed in an ecosystem-level 
approach. The NCCP for the Central and Coastal Subregion of Orange 
County, signed into agreement on July 17, 1996, currently identifies 
the quino checkerspot as a ``conditionally covered species;'' however, 
the butterfly is not currently known to be extant within the planning 
area. The species coverage under the plan is conditional because quino 
checkerspot surveys have not been conducted within the planning area 
and newly discovered populations may have long-term conservation value. 
If quino checkerspots are found within the Central and Coastal 
Subregion of Orange County, participating landowners are permitted to 
``take'' quino checkerspots, incidental to otherwise lawful activities, 
that occur in small and/or satellite populations, reintroduced 
populations, or populations that have expanded due to reserve system 
management. To offset any such take, a mitigation plan to be developed 
in coordination with the Service, California Department of Fish and 
Game (CDFG), and a non-profit corporation will oversee management of 
the subregional reserve system. That mitigation plan would (1) minimize 
impacts and provide appropriate feasible protection for the quino 
checkerspot, (2) provide for habitat restoration/enhancement for the 
butterfly; and (3) provide for monitoring and adaptive management of 
quino checkerspots and their habitat within the reserve system. No 
``take'' is authorized under the permit for those populations that are 
considered to be essential to the butterfly's conservation.
    Other planning efforts do not address the quino checkerspot, or may 
include the butterfly but have not been completed. The quino 
checkerspot may be addressed by a planning effort underway in southern 
Orange County; however, the target species list has not yet been 
determined. San Diego's Draft Multi-species Conservation Plan (MSCP) 
does not include quino checkerspot as a covered species because the 
risk of impacts is unknown and the plan cannot assure protection for 
this species. A small group of quino checkerspot was sighted in 1996 on 
Otay Mesa within the MSCP planning area; however, because the amount of 
host plant available to this population is very low, this population is 
not expected to persist to 1997 (J. Brown, and M. Singer, pers. comms., 
1996). The north-central San Diego County site is not included in any 
multi-species planning efforts. Only one of the Riverside County quino 
checkerspot populations occurs within the core reserve areas designated 
in the approved Stephens' Kangaroo Rat Habitat Conservation Plan (RCHCA 
1995). The quino checkerspot apparently will be considered in the 
western Riverside County multi-species planning effort; however, this 
plan has not yet been prepared, funded, or approved for implementation.
    The Service does not presently have reasonable evidence that 
conservation plans being implemented or developed will adequately 
conserve either butterfly within their historic ranges. These taxa 
would receive no legal protection while plans are being developed. For 
reasons explained under ``Summary of Factors Affecting the Species'' 
below, sufficient threats remain for the Service to justify a listing 
action.

Issue 2

    Two commenters submitted information on three additional 
populations of Laguna Mountains skipper at Mount Palomar and speculated 
that the Laguna Mountains skipper has been extirpated from the Laguna 
Mountains.
    Service Response: The Service acknowledges the efforts by the 
commenters to further determine the distribution and abundance of the 
Laguna Mountains skipper. The information submitted was used in the 
``Background'' section above and the following ``Summary of Factors 
Affecting the Species.'' The Service has determined that, although 
additional populations have been found, the Laguna Mountains skipper is 
still an extremely rare butterfly threatened by a number of complex 
factors. As demonstrated by the sightings in 1995, this butterfly is 
not completely extirpated from the Laguna Mountains. However, failure 
to locate the taxon in the Laguna Mountains during extensive 1994 
survey efforts by Levy indicates extremely low population numbers.

Issue 3

    One commenter questioned the extent to which livestock grazing is 
the main reason for decline of the Laguna Mountains skipper, since the 
intensity of grazing on public lands has been reduced.
    Service Response: Based on information provided by the petitioner 
and obtained from lepidopterists, Horkelia clevelandii plants are 
stunted in areas that are grazed. As noted by Levy (1994), Horkelia is 
an important nectar source and the loss of flowers to grazing would 
impact the reproductive success of adult Laguna Mountains skippers. The 
decline of the Laguna Mountains skipper has occurred over a number of 
decades, with much of the decrease occurring prior to acquisition of 
the land by a Federal agency. Additionally, as is stated in the 
``Background'' section, butterflies are frequently more restricted than 
their larval host plant due to other ecological requirements. Given 
these considerations and the extreme rarity of this taxon, any 
incidental trampling or predation by cattle could significantly impact 
the taxon.

Issue 4

    One commenter stated that there are more areas of Horkelia that are 
not grazed than was stated in the proposed rule.
    Service Response: The information submitted by the commenter was 
incorporated into the ``Background'' and ``Summary of Factors Affecting 
the Species.'' Subsequent to an analysis of the relevant maps provided 
by a commenter, the Service concludes that the majority of Horkelia 
clevelandii within the range of the Laguna Mountains skipper appears to 
be grazed. In addition, the Service concludes that the areas currently 
not subject to grazing were nonetheless previously grazed.

Issue 5

    Two commenters stated that the Laguna Mountains skipper has an 
ecological need for habitat disturbance. Historically, this disturbance 
may have been due to a periodic fire regime. However, one of the 
commenters maintained that grazing represents a substitute for that 
fire disturbance.
    Service Response: Livestock grazing does not replicate the type of 
disturbance that a fire would bring. Highly managed livestock grazing 
may be adequate to maintain populations of the host plant, Horkelia 
clevelandii; however, this plant is also a preferred fodder for 
livestock (Levy 1994). Additionally, the Laguna Mountains skipper is 
currently found in five areas, only two of which are grazed. The 
largest grazed habitat occupied by skippers is on both private and 
public

[[Page 2317]]

land, but the intensity of grazing has been reduced on the public land. 
Another population is in a campground where habitat extends onto a 
grazing allotment; the pasture closest to the campground is grazed one 
month per year. A third population is found in a finger of a meadow, 
across a road from, but not in, the grazed portion of the meadow.
    Grazing as a management tool for butterflies must be carefully 
assessed and monitored for each butterfly species and a general 
statement cannot be made regarding its effectiveness as a substitute 
for fire. It is conceivable that if the numbers of Laguna Mountains 
skipper were higher, there would be a greater tolerance for certain 
schedules and intensities of livestock grazing. However, because the 
taxon's numbers are currently extremely low, the impacts of trampling 
and incidental predation from livestock grazing would likely be 
significant. Currently there is no empirical evidence that the Laguna 
Mountains skipper can tolerate grazing.
    The Service solicited the expert opinions of seven appropriate and 
independent specialists regarding pertinent scientific or commercial 
data and assumptions relating to the taxonomy and biological and 
ecological information for these two taxa. The response received 
provided additional data that have been incorporated into this final 
rule.

Summary of Factors Affecting the Species

    After a thorough review and consideration of all information 
available, the Service has determined that the Laguna Mountains skipper 
(Pyrgus ruralis lagunae J. Scott) and quino checkerspot butterfly 
(Euphydryas editha quino Behr) should be classified as endangered 
species. Procedures found at section 4 of the Endangered Species Act 
(16 U.S.C. 1531) and regulations (50 CFR part 424) promulgated to 
implement the listing provisions of the Act were followed. 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 Laguna Mountains skipper and the quino 
checkerspot are as follows.

A. The Present or Threatened Destruction, Modification, or Curtailment 
of its Habitat or Range

    The habitats and the ranges of the two taxa listed in this rule 
have been substantially reduced by urban and agricultural development 
and recreational activities, and are further threatened with 
destruction, modification, and curtailment. The Laguna Mountains 
skipper and the quino checkerspot currently occur within very 
restricted ranges and are extremely localized in their present 
distributions. The habitat requirements for these two animals are 
primarily defined by their larval host plants. The removal or 
degradation of these plants, as well as that of nectar sources for 
adults, leads to the elimination of the affected population.
    In the case of the Laguna Mountains skipper, Horkelia clevelandii 
is itself a rare species and is only found in the Laguna, Cuyamaca, and 
San Jacinto Mountains of southwestern California, and in northwestern 
Baja California, Mexico (Hickman 1993). Historic habitat destruction 
and degradation from overgrazing and trampling of H. clevelandii by 
domestic cattle is considered to be the primary factor responsible for 
its decline (Murphy 1990; D. Hogan, in litt., 1991; J. Brown, in litt., 
1992).
    Currently three of the five localities of Laguna Mountains skipper 
are not subject to livestock grazing. The fourth population occurs in 
the Laguna Mountains, in a campground area of the Cleveland National 
Forest bordering a grazing allotment (Murphy 1990; D. Hogan, pers. 
comm., 1993). The fifth is on a grazing allotment, with habitat that 
extends onto private lands. Although the magnitude of livestock grazing 
on this allotment has been reduced, any impacts from grazing would 
likely have a significant effect on the taxon due to the small numbers 
of Laguna Mountains skippers.
    If there were greater numbers of individuals and more populations, 
the Laguna Mountains skipper might be able to tolerate certain levels 
and timing of livestock grazing. However, given the low numbers of this 
butterfly, any impacts to its habitat would be significant. The 
grizzled skipper (Pyrgus malvae) in England is able to tolerate grazing 
at a highly managed level (Levy 1994). The rare Dakota skipper 
(Hesperia dacotae) is sensitive to even light grazing (Royer and 
Marrone 1992, Moffat and McPhillips 1993). Some species of butterflies 
have habitat requirements that need a managed grazing scheme whereas 
others have habitat that recovers with reduced grazing. However, 
previous studies indicate that the use of grazing as a management tool 
for butterflies must be done carefully and at low intensities (Kulfan 
1990, Thomas et al. 1992, Moffat and McPhillips 1993, Thomas and Jones 
1993). A grazing plan for management of the Laguna Mountains skipper 
has yet to be developed.
    Fifty to seventy-five percent of the known range of the quino 
checkerspot has been lost since 1900 due to habitat degradation or 
destruction (Brown 1991). Sunny openings within chaparral and coastal 
sage scrub occupied by the quino checkerspot have been degraded by 
grazing and, to a lesser degree, destroyed by urban development. The 
primary larval food plant, Plantago erecta, can be displaced by exotic 
plants that invade once the ground is disturbed by discing, grading, 
and/or grazing (J. Johnson, in litt., 1989; G. Ballmer, in litt., 
1990). The host plant then recolonizes in sites where grasses do not 
grow well, like cattle trails and road edges, where quino checkerspot 
larvae are subject to trampling (D. Hawks, pers. comm., 1993).
    The encroachment of urban development in rural Riverside County 
potentially threatens two of the largest populations of quino 
checkerspot. This area is growing rapidly and is projected to be fully 
developed within the decade (Monroe et al. 1992). One population is in 
an area that is included in a local community plan that provides for 
subdivision of parcels into 9-hectare (ha) (20-acre (ac)) lots (M. 
Freitas, in litt., 1993). Another population is on the site of an 
approved preliminary map for a housing development. The loss of these 
two populations is likely to preclude survival and recovery of the 
taxon.
    The quino checkerspot population in southern San Diego County may 
be threatened by a proposed urban development project on Otay Mesa. The 
preferred alternative for the Otay Ranch New Town Plan (the largest 
planned community in the southwestern U.S.) would result in the loss of 
5,600 ha (14,000 ac) of upland shrub communities, or about 52 percent 
of the extent of the plant communities within the project area. The 
effects of this project on the recently observed quino checkerspot 
population on Otay Mesa are not known at this time but are likely to be 
significant.
    Additional development is expected to further reduce and degrade 
habitat of the quino checkerspot through construction of homes and 
roads, and increases in fire frequencies, unauthorized trash dumping, 
and the distribution and abundance of exotic plants. An existing 
recreational vehicle park and marina in the vicinity of quino 
checkerspot habitat attracts unauthorized use of off-road vehicles 
(ORV's) within natural habitat areas. ORV's increase erosion and fire 
hazards and destroy habitat by creating trails.

[[Page 2318]]

Evidence of ORV use is apparent at one of the quino checkerspot 
localities, where a recently created dirt road bisects the center of 
the habitat (G. Ballmer, in litt., 1991). Quino checkerspot habitat at 
this locality has also been disced in part; these disturbed areas no 
longer support this taxon, while the surrounding undisturbed areas do 
(G. Ballmer, in litt., 1991).
    Bureau of Land Management (BLM)-administered lands and USFS 
Wilderness Areas are currently contiguous with some privately owned 
quino checkerspot habitat. As Riverside County becomes more densely 
populated, and these privately owned parcels are developed, 
fragmentation and degradation of this contiguous habitat is expected.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    Over-collection is a potential threat to both the Laguna Mountains 
skipper and the quino checkerspot because of their value to butterfly 
collectors. There is an extensive commercial trade for many imperiled 
or rare butterflies (Chris Nagano, John Mendoza, and Cindy Schroeder, 
USFWS, pers. obs., 1992-95). Johnson (in litt., 1989) has noted that as 
the number of quino checkerspot colonies is reduced, lepidopterists may 
collect individuals in order to include rare species in their 
collections and to obtain surplus specimens for exchange or sale to 
other collectors. The remaining populations of the quino checkerspot 
and the Laguna Mountains skipper continue to be threatened by over-
collection.
    In the spring of 1993, populations of the quino checkerspot were 
the subject of collections for voucher specimens and captive-rearing 
(D. Hawks, pers. comm., 1993). Although there are no studies of the 
impact of the removal of individuals on natural populations of either 
of the butterfly taxa in this rule, related studies of another 
endangered nymphalid butterfly (Gall 1984a and 1984b) and a lycaenid 
butterfly (Duffey 1968) suggest that the two taxa in this rule could be 
adversely affected given the isolation of their apparently small 
populations. Collecting from small colonies or repeated handling and 
marking (particularly of females or in years of low abundance) could 
seriously damage the populations through loss of individuals and 
genetic variability (Singer and Wedlake 1981, Gall 1984b, Murphy 1988). 
Collecting females dispersing from a colony can also reduce the 
probability that new colonies will be founded. Collectors pose a threat 
because they may be unable to recognize when they are depleting already 
substantially reduced butterfly colonies below the thresholds of 
survival and/or recovery, especially when they lack appropriate 
biological training or visit the area for a short period of time 
(Collins and Morris 1985).
    An additional significant threat to the survival of both taxa in 
this rule is the potential for vandalism by landowners who may view the 
presence of sensitive species as an obstacle to development. The 
habitat of the largest and densest quino checkerspot population in 
Riverside County was deliberately disced in 1984 or 1985 to eliminate 
the population (J. Johnson, in litt., 1989).

C. Disease or Predation

    Disease is not known to be a factor affecting the taxa listed in 
this rule. There are no documented observations of predation on the 
Laguna Mountains skipper. However, the CDFG has released and is 
proposing to continue releasing wild turkeys in the Palomar and 
Descanso Ranger Districts of the Cleveland National Forest for the 
purposes of recreational hunting. Alternative release sites are within 
historic Laguna Mountains skipper habitat and upstream from occupied 
habitat. Wild turkeys feed mostly on wild oats, insects, and acorns. 
During its first four weeks, 60 to 90 percent of a young turkey's diet 
consists of animal food, primarily insects. The adult diet consists of 
15 to 25 percent animal food and turkeys are known to eat moth larvae 
(CDFG 1994). The Laguna Mountains skipper is also threatened by 
incidental predation from livestock grazing. The host plant is 
palatable to grazers (Levy 1994) and any feeding larvae could be 
incidentally eaten and/or trampled. This is a significant impact to the 
low population numbers of the Laguna Mountains skipper.
    There is evidence that predation is a threat to the quino 
checkerspot. Preliminary studies (D. Hawks, pers. comm., 1993; G. 
Ballmer, pers. comm., 1994) indicate that predation has contributed to 
the decline of the quino checkerspot at sites where habitat has been 
invaded by non-native plant species, which may also harbor predatory 
arthropods. Sites within historical quino checkerspot habitat that have 
been heavily invaded by Mediterranean plant species also have high 
sowbug (Armadillidium sp. and Porcellio sp.) and earwig (Euborellia 
annulipes and Forficula auricularia) densities. Sowbugs and earwigs 
prey upon butterfly eggs. These predators are absent from natural sites 
currently occupied by the quino checkerspot (D. Hawks, pers. comm., 
1993; G. Ballmer, pers. comm., 1994). Argentine ants (Iridomyrmex 
humilis) are also a potential predator that co-occur with earwigs and 
sowbugs. The number of these introduced predators is expected to 
increase with the spread of development because these exotics thrive in 
irrigated horticultural environments which may be adjacent to natural 
quino checkerspot habitat.
    In general, outbreaks of disease or parasitism are more likely to 
occur under conditions of high population densities. The Laguna 
Mountains skipper occurs in low population densities; most populations 
of the Quino checkerspot also occur at low densities. Although specific 
parasites are unknown for the Laguna Mountains skipper and the quino 
checkerspot, Johnson (in litt., 1989) suggests that under certain 
conditions, parasitism can eliminate a butterfly colony by building the 
parasite load of a population, thus contributing to the crash of that 
population. This cycle can only continue if the affected area is 
recolonized by butterflies, which may be unlikely when the host-
butterfly population is small, fragmented, and isolated. However, if 
alternative parasite hosts exist in areas occupied by the butterflies, 
populations of parasites can be maintained on those alternative hosts 
in sufficient numbers to affect butterfly populations.

D. The Inadequacy of Existing Regulatory Mechanisms

    Existing regulatory mechanisms that could provide some protection 
for both the Laguna Mountains skipper and the quino checkerspot 
include: (1) listing under the California Endangered Species Act; (2) 
adequate consideration under the California Environmental Quality Act 
(CEQA) and the National Environmental Policy Act (NEPA); (3) local laws 
and regulations; (4) occurrence with other species protected by the 
Federal Endangered Species Act; and (5) land acquisition and management 
by Federal, State, or local agencies, or by private groups and 
organizations for the conservation of these taxa.
    Neither of the taxa in this rule is under consideration for listing 
under the California Endangered Species Act. The CDFG is unable to 
protect insects under its current regulations (Pete Bontadelli, CDFG, 
in litt., 1989).
    The status of and threats to the Laguna Mountains skipper and the 
quino checkerspot, as discussed above, reflect the failure of CEQA, 
NEPA, and local laws and regulations to protect and provide for the 
conservation of these taxa. Although there are several regional

[[Page 2319]]

conservation planning efforts underway within the range of the quino 
checkerspot, they have either not been completed, approved, funded, or 
implemented, or they have not provided adequate protection for this 
taxon.
    The Service is not aware of any overlap in distribution between the 
Laguna Mountains skipper and any State or federally listed animal 
species. At one or two localities it may overlap with Parish's 
meadowfoam (Limnanthes gracilis ssp. parishii), currently proposed for 
Federal listing as threatened (59 FR 39879). However, the listing of a 
plant does not afford the same level of protection as the listing of an 
animal (16 U.S.C. 1538 (a)) and the coincidental protection of the 
Laguna Mountains skipper would be minimal at best. At some localities, 
the quino checkerspot co-occurs with the coastal California gnatcatcher 
(Polioptila californica californica), a federally listed threatened 
species, and Stephens' kangaroo rat (Dipodomys stephensi), a federally 
listed endangered species. However, the habitat requirements for the 
quino checkerspot are different from either the coastal California 
gnatcatcher or Stephens' kangaroo rat. Additionally, the Stephens' 
Kangaroo Rat Habitat Conservation Plan (HCP) for western Riverside 
County provides protection for only one population of the quino 
checkerspot (RCHCA 1995). The NCCP/HCP for the Central and Coastal 
Subregion of Orange County may potentially provide some protection for 
the quino checkerspot; however, the butterfly is not known to be extant 
within the planning area and systematic surveys are lacking. The quino 
checkerspot is not considered adequately conserved by the MSCP in San 
Diego County.
    Some protection is afforded to the Laguna Mountains skipper on USFS 
land. Considering the small population size and extremely limited 
distribution of the Laguna Mountains skipper, this protection is 
insufficient to conserve the taxon. In the case of the quino 
checkerspot, some protection may be provided to one population by its 
occurrence, in part, on BLM land in Riverside County. However, this 
Federal land is currently subject to ORV activity (G. Ballmer, in 
litt., 1991).
    No specific regulations protect the quino checkerspot in Mexico. 
However, all hunting and export of wildlife in Mexico is prohibited, 
except under permit (Fuller and Swift 1984; Secretaria de Agricultura y 
Ganaderia, Subsecretaria y de la Fauna, Departmento de Conservation de 
la Fauna, undated). Little is known of the status of the isolated 
populations in Mexico (Allen 1990) and any protection afforded to these 
populations does not insure the survival of the taxon.

E. Other Natural or Man-Made Factors Affecting its Continued Existence

    The extremely restricted range, localized distribution, and small 
population size of the Laguna Mountains skipper and the quino 
checkerspot make them vulnerable to the effects of habitat loss, 
degradation and fragmentation, especially with regard to naturally 
occurring events (e.g., see Gilpin and Soule 1986). For example, 
several populations of the butterflies listed in this rule are known to 
consist of fewer than 5 to 15 individuals. The occurrence of even one 
of the following naturally occurring events could easily extirpate 
these populations.
    Although both butterflies occur in fire-adapted ecosystems, a 
single fire event could eliminate affected populations. Orsak (1977) 
reported that a quino checkerspot population near Hidden Ranch, Black 
Star Canyon in the Santa Ana Mountains of Orange County was apparently 
destroyed by a fire in 1967. The quino checkerspot may be extirpated 
from Orange County.
    Fire may be a necessary component for the maintenance of Laguna 
Mountains skipper habitat. The diversity of montane meadow habitats may 
be fire-dependent, including the skipper's larval host plant (Levy 
1994). Historically, the skipper may have experienced local 
extirpations and recolonizations following local fire events. However, 
the present discontinuity and low population numbers would not enable 
the Laguna Mountains skipper to tolerate local extirpations due to 
fire.
    Periodic droughts, like those that have occurred in recent years in 
southwestern California, can adversely affect both of the taxa in this 
rule. Drought is known to decrease numbers of butterflies (Thorne 
1963). In addition to killing larvae by desiccation, drought conditions 
may (1) cause the early senescence or death of the larval host plant 
prior to completion of larval development or (2) lower the nutritional 
quality of the host plant (e.g., water content). Drought can also 
reduce the quantity and quality of adult nectar sources. Larval 
starvation and extirpation of local populations during periods of 
drought have been documented for Euphydryas editha (White 1974, Ehrlich 
et al. 1980).
    The quino checkerspot is somewhat adapted to unpredictable weather 
patterns but requires sufficient patches of suitable habitat to respond 
to this environmental variability. The quino checkerspot's dispersal 
capabilities vary considerably depending upon rainfall patterns and the 
resulting availability of adult nectar sources and larval food plants. 
For example, a San Diego County population of the quino checkerspot 
exhibited an increase in numbers as a result of favorable weather 
(Murphy and White 1984). The greater number of larvae defoliated the 
larval food plants. This central core area was left without sufficient 
egg-laying sites for females, and adults dispersed greater distances in 
search of additional suitable habitat. Ideally these dispersing adults 
would have found marginally suitable areas and in subsequent 
generations would have returned to a central core area. In this case, 
the mass dispersal failed to restore populations in previously occupied 
habitat, and the butterflies have not re-colonized the original site 
(Murphy and White 1984; Murphy, in litt., 1988).
    Habitat fragmentation can affect the genetic heterogeneity of small 
isolated populations like those of the Laguna Mountains skipper and the 
quino checkerspot. A basic principle of genetics states that small, 
fragmented populations are subject to a higher frequency of genetic 
drift and inbreeding. As a consequence, genetic variation of the 
population and individual heterozygosity is decreased. That can lead to 
inbreeding depression and lowered fitness of individuals. Low genetic 
diversity may decrease the ability of a species to adapt to changing 
environmental conditions. Genetically homogenous populations may be at 
a greater risk of extinction from environmental or demographic 
variability (e.g., from fire or drought events) than are large, diverse 
populations that can more readily recover from such events. For 
example, variation in the length of diapause among butterfly offspring 
requires genetic heterogeneity (Seger and Brockman 1987). If a 
population is variable in diapause length, it has a lower risk of 
losing an entire cohort to adverse environmental conditions during any 
given season. Individuals with prolonged diapause may survive if 
drought causes high mortality during the next season. A large 
population or metapopulation can maintain the genetic heterogeneity 
needed to maintain the population during these kinds of events, but 
small, isolated populations cannot.
    Interconnected populations can act as reservoirs to maintain other 
populations that may be subject to periodic extirpation (Murphy and 
White 1984, Harrison et al. 1988). If a naturally

[[Page 2320]]

occurring event eliminates a population of either of these taxa, few, 
if any neighboring populations are available to recolonize the area. No 
information is available regarding the dispersal abilities of the 
Laguna Mountains skipper. The sedentary behavior of the quino 
checkerspot decreases the probability that natural, long-distance 
dispersal could re-establish most extirpated local populations.
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by these two taxa in determining to make this rule 
final. Based on this evaluation, the Service finds that the preferred 
action is to list the Laguna Mountains skipper (Pyrgus ruralis lagunae) 
and the quino checkerspot (Euphydryas editha quino) as endangered. The 
range and habitat of these taxa has been substantially reduced by 
historical activities associated with urban and agricultural 
development and recreational activities. These two taxa are threatened 
by one or more of the following factors--habitat alteration and 
destruction resulting from urban and agricultural development, grazing, 
fire management practices, over-collection, recreational activities, 
and displacement of the larval host plant by exotic species. The 
extremely restricted range, localized distribution, and small 
population size of both butterflies makes them very vulnerable to 
extinction by the factors listed above as well as by naturally 
occurring events such as fire and drought. For these reasons, the 
Service finds that the Laguna Mountains skipper and the quino 
checkerspot are in imminent danger of extinction throughout all or a 
significant portion of their ranges. Threatened status would not 
accurately reflect the diminished status and the threats to these taxa. 
Other alternatives to this action were considered but not preferred 
because not listing these taxa would not provide adequate protection 
and would be inconsistent with the purposes of the Act. Critical 
habitat is not being proposed for these taxa for the reasons discussed 
below.
Critical Habitat
    Critical habitat is defined in section 3 of the Act as: (i) the 
specific areas within the geographical area occupied by a species, at 
the time it is listed in accordance with the Act, on which are found 
those physical or biological features (I) essential to the conservation 
of the species and (II) that may require special management 
considerations or protection; and (ii) specific areas outside the 
geographical area occupied by a species at the time it is listed, upon 
a determination that such areas are essential for the conservation of 
the species. ``Conservation'' means the use of all methods and 
procedures needed to bring the species to the point at which listing 
under the Act is no longer necessary.
    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, the Secretary designate critical habitat at the time 
the species is determined to be endangered or threatened. The Service 
finds that designation of critical habitat is not prudent for the 
Laguna Mountains skipper and the quino checkerspot at this time. 
Service 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 threatened 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.
    Publication of precise maps and descriptions of critical habitat 
for the quino checkerspot and the Laguna Mountains skipper could result 
in increased collection of specimens by collectors. The commercial 
trade in rare butterflies could increase demand for these taxa once 
they are listed as endangered and critical habitat maps could lead 
unscrupulous collectors to endangered populations. Additional habitat 
destruction through trampling, discing, grading, and vandalism could 
result as well. As discussed above under Factor B in ``Summary of 
Factors Affecting the Species,'' habitat for one of the largest quino 
checkerspot colonies was graded in Riverside County to deliberately 
eliminate that population, and a number of quino checkerspot colonies 
have been subject to collection.
    The additional protection provided by the designation of critical 
habitat to a species would be provided through section 7 of the Act. 
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. Section 7(a)(2) requires Federal 
agencies to insure that activities they authorize, fund, or carry out 
are not likely to jeopardize the continued existence of such a species 
or destroy or adversely modify its critical habitat. The two taxa in 
this rule are confined to small geographical areas, and each population 
is composed of so few individuals that the determinations for jeopardy 
to the species and adverse modification of critical habitat would be 
similar. Therefore, designation of critical habitat provides no 
benefits beyond those that these taxa would receive by virtue of their 
listing as endangered species, and would likely increase the risk of 
threat from collecting or other human activities. The Service concludes 
that the designation of critical habitat for the Laguna Mountains 
skipper and the quino checkerspot is not prudent at this time.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition through listing results in public awareness and 
conservation actions by Federal, State, and local agencies, private 
organizations, 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)(1) requires Federal agencies to use their 
authorities to further the purposes of the Act by carrying out programs 
for listed species. Section 7(a)(2) of the Act requires Federal 
agencies to insure that activities they authorize, fund, or carry out 
are not likely to jeopardize the continued existence of the species. If 
a Federal action may affect a listed species, the responsible Federal 
agency must enter into formal consultation with the Service.
    Federal agencies expected to have involvement with the Laguna 
Mountains skipper and the quino checkerspot include the USFS and BLM 
due to the presence of habitat and populations within their 
jurisdiction. The Laguna Mountains skipper occurs on private and State-
owned land as well as USFS lands. The quino checkerspot mostly occurs 
on privately owned lands with little or no Federal involvement, 
although the BLM owns a portion of one

[[Page 2321]]

site. The USFS is currently conferencing with the Service under section 
7 of the Act in order to address grazing impacts within the Cleveland 
National Forest on both the Laguna Mountains skipper and quino 
checkerspot.
    The Act and its implementing regulations found at 50 CFR 17.21 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 to attempt any of these), 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 is also 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.
    It is the policy of the Service published in the Federal Register 
on July 1, 1994 (59 FR 34272), to identify to the maximum extent 
practicable at the time a species is listed those activities that would 
or would not constitute a violation of section 9 of the Act. The intent 
of this policy is to increase public awareness of the effect of a 
listing on proposed and ongoing activities within a species' range. The 
Service is currently coordinating with the USFS regarding activities on 
lands under their jurisdiction that may affect the taxa in this rule. 
Activities that the Service believes could potentially harm the Laguna 
Mountains skipper and the quino checkerspot and result in take include, 
but are not limited to:
    (1) Unauthorized handling or collecting of the taxa;
    (2) Unauthorized destruction/alteration of their habitat, including 
unauthorized livestock grazing;
    (3) Unauthorized pesticide applications in violation of label 
restrictions.
    Activities that the Service believes are unlikely to result in a 
violation of section 9 are:
    (1) Possession, delivery, or movement, including interstate 
transport and import into or export from the United States, involving 
no commercial activity, dead specimens of these taxa that were 
collected prior to the date of publication in the Federal Register of 
the final regulation adding these taxa to the list of endangered 
species;
    (2) Roadkills or injuries by vehicles on designated public roads;
    (3) Normal, authorized recreational activities in designated 
campsites and on authorized trails.
    Questions as to whether specific activities will constitute a 
violation of section 9 should be directed to the Service's Carlsbad 
Field Office (see ADDRESSES section).
    Permits may be issued to carry out otherwise prohibited activities 
involving endangered wildlife species under certain circumstances. 
Regulations governing such 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 plants and inquiries on prohibitions 
and permits should be addressed to the U.S. Fish and Wildlife Service, 
Ecological Services--Endangered Species Permits, 911 NE 11th Avenue, 
Portland, Oregon 97232-4181 (telephone 503/231-6241; facsimile 503/231-
6243).
    Where applicable, the Service is encouraging private landowners to 
include the Laguna Mountains skipper and the quino checkerspot 
butterflies in habitat conservation plans developed as part of 
applications for incidental take permits. To date, one plan has 
included the quino checkerspot in the Central and Coastal Subregion of 
Orange County.

Reasons for Effective Date

    The Service is concerned that issuance of a final rule for these 
animals that is not effective immediately upon publication will result 
in greatly intensified levels of collecting and commercial trade of the 
Laguna Mountains skipper and particularly the quino checkerspot (see 
Factor B above). In addition, any delay in the effective date of this 
rule provides an opportunity for vandalism by persons not wanting 
endangered species on their property. Because of the immediate threat 
posed by these activities, the Service finds that good cause exists for 
this rule to take effect immediately upon publication in accordance 
with 5 U.S.C. 553(d)(3).

National Environmental Policy Act

    The Fish and Wildlife Service has determined that Environmental 
Assessments and Environmental Impact Statements, 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).

Required Determinations

    The Service has examined this regulation under the Paperwork 
Reduction Act of 1995 and found it to contain no information collection 
requirements. This rulemaking was not subject to review by the Office 
of Managment and Budget under Executive Order 12866.

References Cited

    A complete list of all references cited herein is available upon 
request from the Carlsbad Field Office (see ADDRESSES section).

Author

    The primary author of this final rule is Marjorie Nelson of the 
Carlsbad Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, and Transportation.

Regulation Promulgation

    Accordingly, part 17, subchapter B of chapter I, title 50 of the 
Code of Federal Regulations, is amended 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 by adding the following, in 
alphabetical order under INSECTS, to the List of Endangered and 
Threatened Wildlife, to read as follows:


Sec. 17.11   Endangered and threatened wildlife

* * * * *
    (h) * * *

[[Page 2322]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                    Vertebrate                                                           
--------------------------------------------------------                        population where                                  Critical     Special  
                                                            Historic range       endangered or         Status      When listed    habitat       rules   
           Common name                Scientific name                              threatened                                                           
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
             Insects                                                                                                                                    
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Butterfly, quino checkerspot.....  Euphydryas editha     U.S.A. (CA), Mexico  NA.................  E                       604           NA           NA
                                    quino.                                                                                                              
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Skipper, Laguna Mountains........  Pyrgus ruralis        U.S.A. (CA)........  NA.................  E                       604           NA           NA
                                    lagunae.                                                                                                            
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: December 24, 1996.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 97-1111 Filed 1-15-97; 8:45 am]
BILLING CODE 4310-55-P