[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Proposed Rules]
[Pages 44966-44976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12744]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition to List the Hermes Copper Butterfly as Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to list the Hermes copper butterfly
(Hermelycaena [Lycaena] hermes) as an endangered species under the
Endangered Species Act of 1973, as amended. We find the petition does
not present substantial scientific or commercial information indicating
that listing the Hermes copper butterfly may be warranted. Therefore,
are not initiating a status review in response to this petition. We ask
the public to submit to us any new information that becomes available
concerning the status of the species or threats to it.
DATES: The finding announced in this document was made on August 8,
2006.
ADDRESSES: The complete file for this finding is available for public
inspection, by appointment, during normal business hours at the
Carlsbad Fish and Wildlife Office, U.S. Fish and Wildlife Service, 6010
Hidden Valley Road, Carlsbad, CA 92011. New information, materials,
comments, or questions concerning this species may be submitted to us
at any time at the above address.
FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, Carlsbad
Fish and Wildlife Office (see ADDRESSES section above), by telephone at
760-431-9440, or by facsimile to 760-431-9624. Persons who use a
telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 800-877-8339, 24 hours a day, 7
days a week.
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the Endangered Species Act of 1973, as
amended (Act) (16 U.S.C. 1531 et seq.) requires that we make a finding
on whether a petition to list, delist, or reclassify a species presents
substantial information to indicate that the petitioned action may be
warranted. To the maximum extent practicable, this finding is to be
made within 90 days of receipt of the petition, and the finding is to
be published in the Federal Register.
This finding summarizes information included in the petition and
information available to us at the time of the petition review. A 90-
day finding under section 4(b)(3)(A) of the Act and Sec. 424.14(b) of
our regulations is limited to a determination of whether the
information in the petition meets the ``substantial information''
threshold. Substantial information is ``that amount of information that
would lead a reasonable person to believe that the measure proposed in
the petition may be warranted'' (50 CFR 424.14(b)).
Previous Federal Action
The Hermes copper butterfly was included as a Category 2 candidate
species in our November 21, 1991 (56 FR 58804), and November 15, 1994
(59 FR 58982), Candidate Notices of Review (CNOR). Category 2 included
taxa for which information in the Service's possession indicated that a
proposed
[[Page 44967]]
listing rule was possibly appropriate, but for which sufficient data on
biological vulnerability and threats were not available to support a
proposed rule. In the CNOR published on February 28, 1996 (61 FR 7595),
the Service announced a revised list of plant and animal taxa that were
regarded as candidates for possible addition to the Lists of Endangered
and Threatened Wildlife and Plants. The revised candidate list included
only former Category 1 species. All former Category 2 species were
dropped from the list in order to reduce confusion about the
conservation status of these species, and to clarify that the Service
no longer regarded these species as candidates for listing. Since the
Hermes copper butterfly was a Category 2 species, it was no longer
recognized as a candidate species as of the February 28, 1996, CNOR.
On June 4, 1991, the Service received a petition dated May 27,
1991, from David Hogan of the San Diego Biodiversity Project to list
the Hermes copper butterfly, Laguna Mountains skipper (Pyrgus ruralis
lagunae), Harbison's dun skipper (Euphyes vestries harbinsoni), and
Thorne's hairstreak butterfly (Callophrys [Mitoura] grynea thornei) as
endangered under the Act. In a Federal Register notice dated July 19,
1993 (58 FR 38549), the Service announced its finding on the petition.
We found that the petition presented substantial information for the
Laguna Mountains skipper, but not for the other three butterflies.
However, the finding also concluded that other substantial information
existed to support a decision that listing may be warranted for Hermes
copper butterfly, Harbison's dun skipper, and Thorne's hairstreak
butterfly, and we announced our intention to continue a formal status
review of these three species. In a proposed rule for the Laguna
Mountain skipper and Quino checkerspot butterflies published on August
4, 1994 (59 FR 39868), we clarified that the negative 90-day finding on
the Hermes copper butterfly and the other two butterflies ``was made
because sufficient information was not available regarding the threats
to and biological vulnerability of these'' butterflies (59 FR 39869).
Though we have continued, and will continue, to collect available data
on the Hermes copper butterfly and the other two butterflies, we did
not complete a formal status review of Hermes copper butterfly under
section 4(b)(3)(A) of the Act.
On October 25, 2004, the Service received an updated petition to
list the Hermes copper and Thorne's hairstreak butterflies as
endangered from David Hogan of the Center for Biological Diversity. The
petitioner also sought emergency listing protection for Thorne's
hairstreak and designation of critical habitat for both butterfly
species concurrent with listing, if warranted. Included in the petition
was information regarding the species' taxonomy, biology, ecology,
historical and current distribution, present status, and potential
causes of decline and imminent threats. In a letter dated May 9, 2005,
the Service determined that despite apparent threats to the Thorne's
hairstreak butterfly, such threats did not appear to be of a magnitude
and severity to warrant emergency listing. In our response, we also
advised the petitioner that we had insufficient funds to respond to the
petition at that time. On March 15, 2005, we received a 60-day notice
of intent to sue filed by the Center for Biological Diversity for lack
of response to the Hermes copper and Thorne's hairstreak butterfly
petition. On October 18, 2005, the Center for Biological Diversity
filed a complaint for declaratory and injunctive relief challenging our
failure to make the required 90-day findings for these two taxa. The
Service agreed to submit 90-day petition findings for Hermes copper and
Thorne's hairstreak butterflies to the Federal Register by August 1,
2006, and if the 90-day findings was substantial, to submit 12-month
findings to the Federal Register by June 1, 2007. This notice
constitutes our 90-day finding on the petition to list the Hermes
copper butterfly; the 90-day finding on the petition to list the
Thorne's hairstreak butterfly will be published separately in the
Federal Register.
In completing this 90-day finding, the Service has reviewed not
only the information submitted in the petition but also information in
our files. This includes all of the data we had obtained prior to the
July 19, 1993, not substantial finding that would have been considered
in an internal status review (had one been completed), as well as all
of the information we have collected on this species to date. Further,
based on all new information and our analysis below, we have determined
that the petition does not present substantial information indicating
that listing the Hermes copper butterfly may be warranted or that a
status review should be conducted.
Species Information
Taxonomy
The Hermes copper butterfly was first described as Chrysophanus
hermes by Edwards in 1870 (cited in Thorne 1963). Comstock placed the
species in the genus Tharsalea in 1927 (cited in Thorne 1963).
According to Faulkner and Klein (2005), Hoffman moved it to the genus
Lycaena in 1940. In a subsequent study of American copper butterflies,
Miller and Brown (1979) placed the species in the monotypic genus
Hermelycaena on the basis of anatomical features that resemble two
butterfly genera and other unique morphological characters. The authors
concluded the Hermes copper butterfly was ``perhaps * * * our most
evolved Copper.'' In an allozyme phylogenetic study of North American
copper butterflies, Pratt and Wright (2002) suggested that the Hermes
copper butterfly ``could belong to a separate genus or subgenus.''
Lycaena hermes is the name predominantly used in recent literature
(North American Butterfly Association 2001; Opler and Warren 2003;
Faulkner and Klein 2005), and we recognize it as such for the purposes
of this finding.
Description
The Hermes copper butterfly is a small, brightly-colored butterfly
approximately 1 to 1.25 inches (2.5 to 3.2 centimeters) in length, with
one tail on the hindwing. On the upperside, the forewing is brown with
a yellow or orange area enclosing several black spots, and the hindwing
has orange spots that may be merged into a band along the margin. On
the underside, the forewing is yellow with 4 to 6 black spots, and the
hindwing is bright yellow with 3 to 6 black spots (USGS 2006). Emmel
and Emmel (1973) provide a description of the early stages of the
species (eggs, larvae, and pupae).
The Hermes copper butterfly has a single flight period per year
(univoltine), and spends about two thirds of its life in the egg stage
(Thorne 1963). The adult flight period is from mid-May through early
July, depending on elevation. Its peak flight period is typically
around June 10 for males and June 20 for females. Recent observations
indicate that some diapausing (low metabolic rate resting stage) Hermes
copper butterfly eggs may remain in that state for multiple years as a
drought adaptation (Faulkner and Klein 2005). Eggs are laid singly on
stems of its larval host plant, spiny redberry (Rhamnus crocea)
(Faulkner and Klein 2005). Pupation also occurs on spiny redberry.
[[Page 44968]]
Males are territorial and perch on plants along the edge of trails
(Thorne 1963). Hermes copper butterflies are rarely seen far from their
host or nectar plants, and form geographically small but locally
abundant ``colonies'' that probably number in the hundreds. These
``colonies'' are hypothesized to be relatively independent from each
other, even when in close proximity; inter-colony dispersal, which
helps maintain the gene pool, may be limited to occasional males
(Thorne 1963; Faulkner and Klein 2005). Mark-release-recapture data
recorded a maximum movement of 92 yards (84 meters) (Marschalek 2004).
Habitat
The Hermes copper butterfly is restricted to areas that contain its
larval host plant, spiny redberry (Thorne 1963; Emmel and Emmel 1973).
This plant is a low-growing, spreading shrub with a widespread range
that includes the coastal ranges of northern California, along the
foothills of the Sierra Nevada, on the Channel Islands (including the
Mexican islands), the Mojave Desert in southwestern Arizona, and south
into Baja California Norte and Sonora, Mexico (Thorne 1963; Sawyer
1993; Flesch and Hahn 2005; Christie et al. 2006). Spiny redberry
commonly grows in coastal-sage scrub, chaparral, and woodlands in
California (Sawyer 1993).
Faulkner and Brown (1993) described the habitat of the Hermes
copper butterfly's habitat as coastal sage scrub and open southern
mixed chaparral communities in which spiny redberry ``is a common
component.'' The authors further noted that ``these habitat types range
from near sea level along the coast to 1250 m [4,100 feet] at the
western edge of the Laguna Mountains.'' Habitat consists of continuous
stands of mixed chaparral/sage scrub in well-drained soil, usually
found in canyon bottoms or on hillsides with a northern exposure. Host
and nectar plants need to be in close proximity to one another
(Faulkner and Klein 2005). Adult butterflies are typically observed
feeding on nectar from flat-topped buckwheat (Eriogonum fasciculatum)
(Marschalek 2004), but have also been observed nectaring on chamise
(Adenostoma fasciculatum), golden yarrow (Eriophyllum confertiflorum),
slender sunflower (Helianthus gracilentus), other species in the
sunflower family (Asteraceae), and short-podded mustard (Hirshfeldia
incana) (Faulkner and Klein 2005). Klein and Faulkner (2003)
hypothesized host plants must be mature to support Hermes copper
butterflies, although the petitioner acknowledged such evidence is
anecdotal.
Historical Range/Distribution
Faulkner and Brown (1993) described the known range of the Hermes
copper butterfly as from near Fallbrook in San Diego County,
California, to 18 miles (mi) (29 kilometer (km)) south of Santo Tomas
in Baja California Norte, Mexico (a north-south distance of
approximately 155 mi (250 km)), and from near the immediate coast
inland to Pine Valley in San Diego County (an east-west distance of
about 40 mi (65 km)). Thorne's (1963) map had 33 unnamed ``known''
colony locations, all within San Diego County in the United States.
According to the petition, Hermes copper butterflies have been
reported approximately 100 mi (160 km) south of the U.S.-Mexico border,
yet only three populations have been identified (Brown et al. 1992).
The petitioner asserts the lack of Baja California populations may
reflect both a dearth of suitable habitat and survey efforts and cites
surveys conducted east of Tecate that yielded negative results despite
extensive stands of high quality habitat (D. Faulkner, pers. comm.)
[document not submitted with petition].
Current Range/Distribution
According to the petition, the current species' distribution has
been reduced to approximately 18 known populations following years of
continuing urban development and the huge wildfires of 2003. The
petition included ``Table 1: Hermes Copper Populations and Status,''
which outlines the site location, estimated population at each site,
current land manager, and years the species has been observed at each
site. According to information in Table 1, Hermes copper butterflies
have been observed, or specimens collected from, 48 sites in San Diego
County and 4 sites in Baja, Mexico, since the early 1900s. This table
also highlights 22 sites ``presumed lost to fire,'' 6 sites ``presumed
lost to urban development,'' 2 sites that have ``unknown specific
locations and unknown status,'' and 8 sites ``identified during
environmental review of development projects,'' leaving the 18 sites
with known populations referred to above. The petitioner also stated
that, while the status of the Baja populations is unknown, they are
presumed to be extant for the purposes of the petition.
Based on information available to us, Hermes copper butterfly has
been recorded from at least 29 different sites in San Diego County
(Engelhard 2004a, 2004b). Of these, 2 sites or areas have not been
resurveyed since the 1930s (Fallbrook and Pala), 3 sites have
incomplete survey information (surveyor name and/or date) (Scripps
Gateway, East Elliott Ranch, Flinn Springs County Park), 3 sites were
proposed for residential development or have been developed (the Crosby
property, Scripps Gateway, Presky/Gonya property), and 5 sites were
burned in the 2003 fires (Mission Trails Regional Park, Crestridge
Ecological Reserve, Sycamore Canyon Open Space Preserve, Rancho Jamul
Ecological Reserve, and portions of Miramar [Marine Corp Air Station]).
However, as indicated in Engelhard's (2004a, 2004b) assessment, much of
the information about the status of the site relative to development,
extent of development (e.g., area impacted), and fire was not
determined at that time. Therefore, this assessment did not constitute
a complete review of the species' status at that time.
Some of the sites identified as being historically or currently
occupied in the petition are likely the same sites identified by
Engelhard (2004a, 2004b), and both references likely utilized the same
sources of information. However, information used to create Table 1 in
the petition was not provided by the petitioner; therefore it was not
possible for us to compare location information available to us to that
provided in the petition. Therefore, it appears that between 18
(according to the petition) and 21 (Engelhard 2004a, 2004b) sites were
considered occupied by Hermes copper butterflies in 2004.
Population Estimates/Status
According to the petition, the Crestridge Ecological Reserve
supports the largest known population of the species, and field surveys
of the reserve between 1999 and 2001 revealed population fluctuations
ranging from 1,000 butterflies in 2001, to one single butterfly in 2002
(M. Klein pers. comm.) [document not submitted with petition], to 400
butterflies in 2003. The petitioner asserted these fluctuations may be
due to variations in rainfall in San Diego County. Other occupied sites
have not been systematically surveyed, as illustrated in Table 1 in the
petition and in Engelhard (2004a, 2004b). Therefore, no quantitative
data exist on the total population size of Hermes copper butterfly.
Threats Analysis
Section 4 of the Act and its implementing regulations (50 CFR 424)
set forth the procedures for adding species to the Federal List of
Endangered and Threatened Wildlife
[[Page 44969]]
and Plants. 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) of the Act: (A) The present or threatened destruction,
modification, or curtailment of its habitat or range; (B)
overutilization for commercial, recreational, scientific, or
educational purposes; (C) disease or predation; (D) the inadequacy of
existing regulatory mechanisms; and (E) other natural or manmade
factors affecting its continued existence. In making this finding, we
evaluated whether threats to the Hermes copper butterfly presented in
the petition and other information readily available to us may pose a
concern with respect to the species' survival such that listing under
the Act may be warranted. Our evaluation of these threats is presented
below.
A. The Present or Threatened Destruction, Modification, or Curtailment
of Habitat or Range
The petition, its appendices, and referenced documents discuss the
following threats that we have grouped under Factor A: Urban
development, wildfire, and prescribed fire.
Urban Development
Information provided by the petitioner. The petitioner asserts the
``Hermes copper [butterfly] is highly vulnerable to extinction due to
loss of populations and dispersal habitat to expanding urban
development in San Diego County and northern Baja California,'' and
``the threat of urban development is compounded by the additional
threat of wildfire.'' The petitioner cited two publications (Comstock
1927; Wright 1930) that predict probable extinction if rapid expansion
of development were to continue within San Diego County. The petitioner
cited Brown (1991), ``[b]ecause continued development in the San Diego
County threatens to eliminate additional colonies of this insect
[Hermes copper butterfly], it is considered highly sensitive and
vulnerable to extirpation.''
The petitioner stated many populations recorded from El Cajon,
Fairmont Canyon, Kearny Mesa, Scripps Gateway, and numerous sites near
the urban core of the city of San Diego have been lost to urban
development and cites Murphy (1991) [document not submitted with
petition] as stating, ``[Hermes copper butterfly] has been virtually
extirpated in nearly all of its best known historical localities around
[the] City of San Diego.'' The petitioner also stated that loss of
populations and dispersal habitat to urban development is a significant
threat to the species in the unincorporated portion of the San Diego
County foothills west of the Cleveland National Forest, especially
unburned areas near Jamul and northern portions of San Diego County.
The petitioner further stated that ongoing urban development in
Harbison Canyon, Marine Air Corps Station Miramar, San Marcos Creek,
and Santee reduces likelihood of recolonization by the species. The
petition also stated that Hermes copper butterfly populations
identified in several locations by recent development project
biological surveys may not persist following construction, especially
considering resulting habitat fragmentation and increased risk of fire
with an expanded, proximate human population.
Analysis of information provided in the petition. Rapid urban
development is occurring within the current known range of the Hermes
copper butterfly. Coastal and interior San Diego County is projected to
grow about 44 percent by the year 2020 (San Diego Association of
Governments 1999). While we acknowledge development has likely reduced
the amount of occupied habitat for Hermes copper butterfly, the extent
to which the reduction of habitat has impacted the species has not been
quantitatively estimated.
The petition stated many populations recorded from El Cajon,
Fairmont Canyon, Kearny Mesa, Scripps Gateway, and numerous sites near
the urban core of the city of San Diego have been lost to urban
development. While not explicitly stated in the petition, we assumed
for the purposes of our review that the above statements were based on
information in Table 1 in the petition. According to Table 1, six
sites/areas appear to correspond to these areas and are referred to as
``presumed lost to urban development'': El Cajon (``3 miles south of El
Cajon'' and ``El Cajon''), Fairmont Canyon (``Fairmont Canyon''), Kerny
Mesa (``Kerny Mesa''), Scripps Gateway (``Scripps Gateway''), and
numerous sites in San Diego (collectively referred to as ``San
Diego''). However, no information was provided with the petition
documenting site development, site location, the extent of the
development (e.g., area developed), or the extent of habitat loss due
to development.
The petition also stated several populations have been identified
during recent development project biological surveys and asserts these
populations may not persist following construction. Table 1 identifies
eight such sites. However, no information was provided documenting
proposed or ongoing development at these sites, site location, the
extent of development (e.g., area developed), or extent of habitat loss
due to development.
The status of Hermes copper butterfly distribution compiled by
Engelhard (2004a, 2004b) lists 21 occupied locations known as of 2004;
Table 1 in the petition lists 18 sites. As discussed above, information
used to create Table 1 in the petition was not provided; therefore it
was not possible for us to compare location information available to us
(i.e., in Engelhard (2004a, 2004b)) to information provided in the
petition. While Engelhard's (2004a, 2004b) assessment included total
area and development status for some sites, such information for most
sites was not determined at that time. Without complete and specific
information about butterfly locations or past and proposed development
projects and their associated impacts to habitat, we were unable to
determine the extent to which urban development has reduced the known
range of the Hermes copper butterfly. Further, according to Thorne
(1963), urbanization is not as great a threat as commonly assumed:
``There is rather general belief that [the Hermes copper
butterfly] is in a last ditch struggle for survival in San Diego
County. This isn't true! Colonies have survived in areas that have
been overrun with houses for many years; in areas being grazed by
livestock; in areas being farmed (avocado orchards); and in areas
that have been burned over with some frequency. The map * * * shows
the wide distribution of known colonies which should ensure survival
for the foreseeable future.''
Thorne's (1963) map had 33 unnamed ``known'' colony locations, all
within San Diego County in the United States. Although some colonies
near urban centers referred to by Thorne (1963) have been destroyed by
development, many recent discoveries (i.e., post-1993) of extant
colonies within the known species' range have also been reported, and
the range of the species remains relatively widely distributed.
Examples of colonies that have been reported since 1993 include Black
Mountain, and multiple colonies on both the California Department of
Fish and Game (CDFG) Crestridge Ecological Reserve and San Diego
National Wildlife Refuge (Engelhard 2004b). In addition, the biology of
the species has not changed; therefore Thorne's (1963) assessment of
individual colony resilience with regard to development and fire should
still be considered valid.
In addition, much uncertainty exists regarding the distribution of
the species because the range of its host plant, spiny redberry,
extends well beyond the known range of the butterfly, and
[[Page 44970]]
surveys have not been conducted throughout the host plant's range
(especially inland San Diego County and northwestern Baja California
Norte). Even the survey information for sites historically or currently
occupied by the species is limited. The information in Table 1 of the
petition and in Engelhard (2004a, 2004b) illustrates the fact that most
occupied sites have only been surveyed on one or two occasions and many
have not been surveyed since the 1950s or 1960s. Therefore, it is
difficult to assess the species' current status in the absence of more
current information.
In conclusion, we agree with the petitioner that urban development
has likely reduced and fragmented habitat for Hermes copper butterfly
in San Diego County. However, the habitat loss and fragmentation has
not been quantitatively estimated, and the species remains relatively
widely distributed. Therefore, we have determined that information in
the petition and available to us does not substantiate the claim that
urban development has significantly reduced the amount of available
Hermes copper butterfly habitat to the point at which the butterfly may
become threatened or endangered in the foreseeable future.
Wildfire
Information provided by the petitioner. The petitioner asserted
Hermes copper butterfly is highly vulnerable to extinction due to the
threat of fire as a result of direct mortality of individuals and
indirect mortality due to loss of the species' larval host plant, spiny
redberry. The petitioner further asserts, ``Excessive, human induced
fire poses a significant threat to the survival of the species, even on
lands otherwise protected from development.'' The threat of fire as it
relates to direct mortality of individual butterflies is also discussed
here.
Table 1 of the petition identifies areas ``presumed to be burned''
during the October 2003 fires in San Diego County, which are estimated
to have burned 39 percent of Hermes copper butterfly habitat (Betzler
et al. 2003). According to the petition, the largest concentration of
the species ever documented was lost when the 2003 fire burned nearly
all of the California Department of Fish and Game's Crestridge
Ecological Reserve. The petition further stated 2001 surveys at
Crestridge identified approximately 52 Hermes copper butterfly colonies
with a total estimated population of 1,000 butterflies (CDFG 2001), of
which all appear to have been destroyed by the 2003 fires (M. Klein
pers. comm.) [document not submitted with petition].
The petition stated that fires in 2003 also impacted the second
largest concentration of Hermes copper butterfly when they burned
through 4 populations in the City of San Diego's Mission Trails
Regional Park (Mission Grove, Mission Dam, Oak Creek, and Spring
Canyon) and at least 15 populations (although only 14 were listed)
throughout San Diego County: (1) Anderson Road (Viejas Mountain), (2)
Boulder Creek Road, (3) Descanso, (4) El Monte County Park, (5) Flinn
Springs, (6) Gooden Ranch reserve, (7) Harbison Canyon, (8) Little
Cedar Canyon, (9) Miramar, (10) Old Viejas Grade Road, (11) Otay-
Foothill area, (12) Rancho Jamul, (13) Santee (Fanita Ranch area), and
(14) Sycamore Canyon reserve. The petition also stated at least three
Hermes copper butterfly populations were likely lost to past fires on
Bernardo Mountain near Escondido, Dictionary Hill in Spring Valley, and
San Marcos Creek.
According to the petition, increased human population density and
utilization of wildlands correlates with increased southern California
wildfire frequency (Keeley et al. 1999; Keeley 2001 [document not
submitted with petition]; Keeley and Fotheringham 2003; Wells et al.
2004). The petitioner asserted close proximity to large human
populations increases vulnerability of the Hermes copper butterfly and
its host plant, the spiny redberry populations to ``excessive'' fire.
The petitioner cited two references, Brooks et al. (2002 [correct
citation 2004]) and Keeley and Fotheringham (2003), that provide
examples of excessive fire harming chaparral ecosystems and dependent
species in a number of ways. The petition quoted Keeley and
Fotheringham (2003), ``* * * ecosystem health of shrublands is
threatened not by lack of fire but by high fire frequencies that exceed
the resilience of many species.''
The petitioner stated excessive fire may prevent chaparral and
coastal sage scrub plant species, like spiny redberry, from reaching
maturity, thereby reducing or eliminating reproduction and recruitment
of replacement chaparral plants. An example cited by the petitioner of
an exotic species type conversion within an area occupied by Hermes
copper butterflies was Bernardo Mountain. The petition stated that in
2002, Michael Klein visited the known occupied area burned in 1986, and
found it dominated by weedy exotic forbs and grasses, with no spiny
redberry plants or Hermes copper butterflies (M. Klein pers. comm.)
[document not submitted with petition].
According to a supplemental letter and map provided by the
petitioner, 44 fires had burned through known Hermes copper butterfly
habitat, and 788 fires have burned through ``modeled'' habitat between
1900 and 2003 (CBD 2005). The letter stated, ``This rate of fire return
appears to exceed natural fire frequency in coastal sage scrub and
chaparral ecosystems.'' The letter further stated that the combined
effects of limited dispersal behavior, urban development, and excessive
fires have reduced available habitat, limited re-colonization, and
increased vulnerability of remaining Hermes copper butterfly
populations, greatly increasing likelihood of the species' extinction.
According to the petition, Hermes copper butterfly biology appears
to reduce the likelihood of escape from fire, because adults, eggs,
larvae, and pupae are likely killed when fire burns spiny redberry
plants and other coastal sage scrub or chaparral vegetation. Also,
excessive fires over the last several decades have reduced patches of
mature spiny redberry used by Hermes copper butterfly, thereby reducing
butterfly populations and disrupting metapopulation dynamics and
stability. Due to the amount of past and potential future fires, any
butterfly that escapes a fire is unlikely to locate other suitable
habitat.
Also according to the petition, Hermes copper butterfly recovery
following a fire is confounded by very slow recovery of it host plant
(Zedler et al. 1983) and very slow recolonization by the butterfly. The
petition cited Brown (1991): ``Even after recovery of the host, the
sedentary behavior of the butterfly may make natural colonization a
very slow process, especially where sources of potential colonists
previously have been extirpated.''
Analysis of information provided in the petition. The petition
claimed Hermes copper butterfly is highly vulnerable due to the threat
of fire, citing a 39 percent loss of the species' habitat burned in the
2003 fires. The petitioner also claimed that the 2003 fires destroyed
or impacted two of the largest concentrations of the species and at
least 15 other populations throughout San Diego County.
As cited in the petition, 39 percent of Hermes copper butterfly
habitat is believed to have burned during the 2003 fires, a reduction
from 317,451 ac (128,468 ha) to 192,924 ac (78,074 ha) (Betzler et al.
2003). However, this 39 percent reduction is an estimate based on
vegetation mortality for areas occupied by the species (Betzler et al
2003). Since this estimate is not based on actual post-fire surveys, it
is not possible to determine the actual amount
[[Page 44971]]
of occupied Hermes copper habitat that burned in the 2003 fire.
Table 1 of the petition highlights 22 sites that were ``presumed
lost to fire.'' However, neither the petition nor the supplemental map
provided by the petitioners had information on location of sites
``presumed lost to fire'' or extent of habitat lost due to fire (i.e.,
area burned). While Engelhard (2004a, 2004b) attempted to compile
information on specific sites known to be occupied by the species, the
total acres of the site and the fire status (i.e., burned in 2003
fires) for most of the sites was not determined at that time and is
still unknown. Regardless, as discussed above, extant colonies continue
to be discovered, and the species appears to have maintained a
relatively wide range.
The petitioner also claimed the largest known concentration of the
species ever documented was lost in the 2003 fire that burned nearly
all of the Crestridge Ecological Reserve, further asserting a total
estimated population of 1,000 butterflies (per 2001 surveys) was lost.
However, as discussed in the ``Population Estimate/Status'' section of
this finding, the petitioner stated that surveys conducted between 1999
and 2001 documented fluctuations in individual abundance ranging from
1,000 butterflies in 2001, to a single butterfly in 2002 (M. Klein
pers. comm.) [document not submitted with petition] to 400 butterflies
in 2003 (pre-fire). The petition asserted that these fluctuations may
be due to variations in rainfall in San Diego County. It is also not
clear how good an index survey counts are of population size. While it
is clear that the 2003 fire impacted the Hermes copper butterfly
habitat at Crestridge, and presumably the butterfly itself, it is
unclear how resilient this population is since wide fluctuations in the
species' abundance had been documented prior to the fire. Also, while a
few historically occupied territories burned in the 2003 fires were
visited in 2004 (Faulkner and Klein 2005), we are unaware of any
systematic post-fire monitoring conducted to document the extent of the
impact of the fires on Hermes copper butterfly.
The petitioner also claimed that the 2003 fires impacted a large
concentration of Hermes copper butterflies at Mission Trails Regional
Park and at least 15 other populations throughout San Diego County.
However, the petitioner did not provide any information on the extent
of the area impacted by fire (e.g., area burned) or on post-fire
surveys done at these sites; additional monitoring is needed at these
sites to determine their status, particularly as it relates to the
impact of fire on butterfly populations and habitat.
While it is unlikely that immature Hermes copper butterflies
(larvae, pupae, and adults) can survive the burning of occupied
habitat, it appears that adult butterflies will recolonize burned
habitat over time. In an example of fire recovery, Brown (1991) noted
that a 1982 fire apparently eliminated large stands of spiny redberry
and a colony of Hermes copper butterfly in Mission Gorge (in Mission
Trails Regional Park). Although the species was not observed again
during annual surveys following the fire until 2000 (Klein and Faulkner
2003), the host plant and butterfly did eventually return 18 years
later. During limited post-fire monitoring at Crestridge, one adult
male Hermes copper was observed in 2005 on three different dates by two
observers (Klein 2006), indicating that the population had not been
extirpated as hypothesized in Klein and Williams (2003). We are not
aware of any additional surveys conducted at Crestridge in 2005. While
Faulkner and Klein (2005) state that no butterflies were observed
during 2004 visits to only a few of the historically occupied
territories burned in the 2003 fires, we are unaware of any systematic
post-fire monitoring conducted to document the extent of the impact of
the fires to Hermes copper butterfly and its habitat or to document
recolonization rates. Additional monitoring is needed to determine the
survival and recolonization rate of immature and adult butterflies
following a fire.
The petition claimed increased human populations and utilization of
wildlands correlates with increased southern California wildfire
frequency. The petition also asserted that, between 1900 and 2003, from
44 to 788 fires had burned through known and ``modeled'' habitat,
respectively, and this rate of fire return appears to exceed natural
fire frequency in coastal sage scrub and chaparral ecosystems.
In a GIS modeling study, Wells et al. (2004) largely concurred with
Keeley et al. (1999) (cited in the petition) that increasing human
population (especially at lower elevations) has resulted in a greater
number of fires and an increase in area burned overall in southern
California. However, looking at fire frequency for coastal sage scrub
and chaparral in San Diego County specifically, Wells et al. (2004)
concluded that for ``coastal sage scrub habitats, there has been an
increase in burning over the course of the past century'' but that the
``trend in burning in chaparral is virtually flat over the past
century, and if the years following 1950 are considered, there has been
a marked decrease in area burned since then.'' Contrary to the
interpretation of the petitioner, Keeley et al. (1999) actually
reported that fire rotation intervals (i.e., the time needed to burn an
equivalent area of shrubland) actually increased in San Diego County
after 1950.
The supplemental letter and map provided by the petitioner (stating
that between 1900 and 2003, 44 fires had burned through known Hermes
copper butterfly habitat, and 788 fires have burned through ``modeled''
habitat) does not provide sufficient information to allow us to verify
the extent of the impact caused by these historic and more recent
fires. In an attempt to outline fire frequency in Hermes copper
butterfly habitat, the map overlays ``approximate location of past and
current Hermes copper colonies'' and ``modeled'' Hermes copper habitat
with a data layer indicating areas where from one to nine fires had
occurred. ``Modeled'' habitat is defined on the map as being ``based on
very broad vegetation, soil, elevation and other categories and
therefore includ[ing] many unsuitable habitat areas.'' No information
about the Hermes copper butterfly location data or the data on which
the fire layer is based were provided by the petitioner. The petitioner
did not explain how information on the map was used to determine that
44 fires had burned through known Hermes copper butterfly habitat or
788 fires have burned through ``modeled'' habitat. Also, the petitioner
did not indicate where fires that burned between 1900 and 2003
overlapped or calculate a fire frequency/rate of return for any
particular geographic area. Therefore, it is not clear how the
petitioner determined that ``This rate of fire return appears to exceed
natural fire frequency in coastal sage scrub and chaparral
ecosystems.'' Without specific information on the extent of the impact
caused by historic and current fires, including the 2003 fires, it does
not appear the Hermes copper butterfly is currently threatened with
extinction due to fire.
The petition also stated ``excessive'' fires prevent chaparral and
coastal sage scrub species (like spiny redberry, the Hermes copper
butterfly's host plant) from reaching maturity, thereby reducing or
eliminating reproduction and recruitment of replacement chaparral, and
allowing for the invasion of nonnative species.
Spiny redberry plants, like other large-seeded shrubs, are
``obligate resprouters'' after fires (Keeley 1998). Because such taxa
resprout from a deep
[[Page 44972]]
root system or lignotuber and establish few seedlings immediately
following fire, obligate resprouters ``successfully recruit in the
long-term absence of fire'' (Keeley 1998). Post-fire seedling
establishment of obligate resprouters is always quite limited, although
seedling recruitment has been reported as ``abundant'' in older
unburned chaparral stands (Keeley 1992a and 1992b). In the absence of
fire, ``obligate resprouting species often gain dominance over obligate
seeding species,'' but Rhamnus species and other obligate resprouters
are also ``quite resilient to frequent burning'' (Keeley 1986).
Moreover, Keeley (1986) stated obligate resprouters ``have a marked
competitive advantage during the first decade after fire,'' which is
within the current regrowth timeframe of butterfly-occupied spiny
redberry stands burned in 2003. In a post-fire recovery and succession
study of chaparral and sage scrub in southern California, Keeley et al.
(2005) ``showed that all vegetation types exhibited a high proportion
of structural similarity between pre- and postfire communities'' after
5 years. Though Keeley and Fotheringham (2003) concluded that, with
continued disturbance like fire, nonnative invasives may replace an
entire ecosystem and type convert shrublands to alien grasslands,
Keeley (2004) noted that invasive alien plants typically will not
displace obligate resprouting species in mesic shrublands that burn
once a decade ``because rapid resprout growth recaptures the site and
replenishes vitality of roots and lignotubers.'' Therefore, based on
the species' biology, it appears that spiny redberry should recover in
these burned areas.
Though recent fires may have temporarily reduced the extent of
Hermes copper butterfly habitat (i.e., spiny redberry and associated
chaparral/coastal sage scrub plants), information in the petition and
available to us does not substantiate a permanent loss of or a downward
trend in the extent of the species' habitat as a result of increased
fire frequency and associated alien plant invasion.
The petitioner did not provide information or data to substantiate
the claim that excessive fires over the last several decades have
reduced Hermes copper butterfly population numbers and disrupted
metapopulation dynamics and stability. As stated in the ``Population
Estimates/Status'' section of this finding, no quantitative data on
population size exists nor do we have any information on the dispersal
or movement behavior of this species. Without this information, it is
not possible to determine the species' population structure (e.g.,
metapopulation or panmictic) and, subsequently, the impact of fire on
population numbers and structure.
Prescribed Fire
Information provided by the petition. The petitioner, citing
Schlicht and Orwig (1999) [document not submitted with petition],
claimed prescribed fire is likely to harm vulnerable Hermes copper
butterfly populations by further contributing to excessive fire, and
controlled burns often differ from natural fires in frequency,
intensity, timing, and patchiness. These aforementioned factors could
reduce the likelihood of the butterfly's survival through prescribed
fire. The petitioners also maintained that the Cleveland National
Forest has aggressively prescribed fire as a vegetation management tool
in an attempt to benefit native wildlife. In addition, they asserted
the County of San Diego ``has generally rejected effective fire safety
techniques of limiting poorly planned rural [development] and
retrofitting existing structures with fire resistant materials. The
County has instead focused on * * * excessive brush clearing around
homes and communities, and has pushed for expanded prescribed fire on
both National Forest and private land.''
Analysis of information provided in the petition. The petitioner
asserted that a number of Hermes copper butterfly populations located
under the jurisdiction of the Cleveland National Forest and San Diego
County are being impacted by prescribed burning practices and policies
undertaken by these entities. However, the petition does not provide
documentation of instances where prescribed burning is being conducted
in occupied Hermes copper butterfly habitat.
Review of San Diego County fire management regulations and
recommendations (San Diego County 2004, 2006a; California Fire Safety
Council 2006) contradicts the petitioner's claim that San Diego County
rejected effective fire safety techniques and has pushed for expanded
prescribed fire. San Diego County does recommend clearing within 100
feet (30.5 m) of structures (Sand Diego County 2006), and places
emphasis on replacement of flammable roofing material with fire-
resistant shingles, planting of fire-resistant landscape vegetation,
use of fire-resistant native plant species, avoidance of invasive
exotic species in landscaping, and other effective conservation-
oriented fire management techniques (San Diego County 2006; California
Fire Safety Council 2006). No readily available documents support a
rejection of conservation-oriented rural planning in favor of fire-safe
planning, or a recent push for prescribed fire. Koelander and Bowman
(2004), in a report designed to identify how San Diego County (and the
City of San Diego) could better prepare and respond to fire hazards,
concluded, ``Adoption of new building codes will only resolve the
problem for the new structures * * * For existing structures, the
removal of highly flammable vegetation within 100-feet of structures
and the replacement of combustible roofing will provide a heightened
level of wildland fire protection.''
Regarding the U.S. Forest Service, of the U.S. Department of
Agriculture, the agency stated in its final environmental impact
statement (Volume 1) that the Hermes copper butterfly ``[c]ould be
affected by prescribed fire or fuel reduction projects in habitat that
affect [its] host plant, Rhamnus crocea,'' but that Vegetation
Management Standard 37 addressed this threat (USDA Forest Service
2005a). However, according to the Forest Service's Land Management Plan
(2005b), Standard 37 requires the Forest Service when implementing fire
management activities to ``[d]esign and manage fuel treatments to
minimize the risk that treated areas will be used by unauthorized
motorized and mechanized vehicles [and to m]itigate impacts where such
use does occur.'' It is not clear how Standard 37 (USDA Forest Service
2005a) addresses the threat of prescribed fire to the species. In the
Cleveland National Forest's Land Management Plan (USDA Forest Service
2005c), the Forest Service's primary strategy for threatened,
endangered, proposed, candidate, and sensitive species management is to
``[m]anage habitat to move listed species toward recovery and
delisting'' and ``[p]revent listing of proposed and sensitive species''
by implementing the priority conservation strategies in Table 529.
According to this table (USDA Forest Service 2005c), a priority
conservation strategy task over the next 3 to 5 years is to protect
Hermes copper butterfly habitat by preventing and suppressing fires.
Though the above guidance is general in nature, we could find no
support for the claim that the Cleveland National Forest has
aggressively prescribed fire as a vegetation management tool in an
attempt to benefit other native wildlife at the expense of the Hermes
copper butterfly. Based on the above discussion, we have determined
that the petition does not substantiate the claim that prescribed
burning impacts
[[Page 44973]]
occupied Hermes copper butterfly habitat.
We have determined that information in the petition does not
substantiate the claim that urban development, wildfire, and prescribed
fire has significantly reduced the amount of available Hermes copper
butterfly habitat. While we acknowledge that urban development and fire
has likely reduced and fragmented habitat for Hermes copper butterfly
in San Diego County, the extent of impact to the species and its
habitat has not been quantitatively estimated, and the species appears
to have multiple colonies within a relatively wide geographic range.
Thus, we do not believe the petition has presented substantial
information to suggest the butterfly is likely to become endangered in
the foreseeable future.
B. Overutilization for Commercial, Recreational, Scientific or
Educational Purposes
Commercial Harvest
Information provided in the petition. The petitioner stated the
Hermes copper butterfly may be endangered by overutilization for
commercial purposes and identifies one commercial enterprise that may
contribute to the imperiled status of the butterfly. A company,
``Morningstar Flower and Vibrational Essences,'' markets a ``Hermes
copper butterfly essence'' over the Internet. These essences are
available in 2-ounce and 4-ounce sizes by special order.
The petitioner claimed that over-collection is another potential
threat to the Hermes copper butterfly because of their value to
butterfly collectors. They cite an example, in 1986, where a female
Hermes copper butterfly was worth $20.00.
Analysis of information provided in the petition. No evidence
exists to support the use of Hermes copper butterfly in developing
butterfly essences. According to Morning Star Essences (2006), no
butterfly parts are used in ``essences'' production. While there are a
number of other businesses that advertise sale of ``butterfly
essences,'' no information exists to support the claim that this
activity threatens the species.
Some collection of Hermes copper butterflies may occur given their
value to collectors. As the number of colonies is reduced,
lepidopterists may increasingly collect individuals to include rare
species in their collections, or obtain surplus specimens for exchange
or sale. On June, 26, 2004, two different advertisements on the
Internet offered specimens of Lycaena hermes for sale. Both were priced
at 125 Euros (= approximately $152.00) (Martin 2004b). Nonetheless, no
substantial data exist to substantiate such trade still exists or, if
any trade continues, the extent to which it impacts the Hermes copper
butterfly population. As a result, we conclude trade or collection
probably does not pose a significant threat to the species at this
time.
C. Disease or Predation
The petitioner did not provide any information with respect to
disease on Hermes copper butterfly.
Predation
Information provided by the petition. The petitioner stated the
Hermes copper butterfly may be endangered by predation. The petition
claimed experts suspect birds, predatory insects, parasitic insects,
and spiders prey upon Hermes copper butterfly, and that the harmful
effects of otherwise normal predation or parasitism might be
exacerbated by population reduction from urban development and
excessive fires.
Analysis of information provided in the petition. The petitioner
did not provide specific information validating the claim that the
Hermes copper butterfly may be endangered by predation. We are not
aware of any documentation that suggests that predation poses a
significant threat to the species, and, therefore, we are unable to
validate whether predation may endanger the Hermes copper butterfly.
D. The Inadequacy of Existing Regulatory Mechanisms
Information provided by the petition. The petition, its appendices,
and referenced documents discuss five regulatory mechanisms that
provide some potential for Hermes copper butterfly conservation, but
the petition claimed none of these mechanisms have proven effective in
reducing the primary threats to the butterfly from urban development,
fire, and related habitat degradation. The five regulatory mechanisms
include: (1) California Environmental Quality Act; (2) National
Environmental Policy Act; (3) Forest Service Management; (4) San Diego
Multiple Species Conservation Plan or ``San Diego MSCP''; and (5)
County of San Diego Resource Protection Ordinance.
California Environmental Quality and National Environmental Policy Act
The petitioner claimed the Service has previously provided
extensive discussion of the inadequacy of the California Environmental
Quality Act (CEQA) to protect imperiled species, identifying several
listings in the Federal Register (62 FR 2318, January 16, 1997; 62 FR
4935, February 3, 1997; 61 FR 25829, May 23, 1996; 69 FR 47236, August
4, 2004). The petitioner implies the Service's previous conclusions are
fully applicable in consideration of protections under CEQA for the
Hermes copper butterfly.
Analysis of information provided in the petition. California
Department of Fish and Game can only designate ``native species or
subspecies of a bird, mammal, fish, amphibian, or plant'' as either
endangered or threatened under the California Endangered Species Act
(Fish and Game Code, Sections 2062 and 2067). However, the California
Environmental Quality Act or CEQA (Public Resources Code, Sections
21000-21178, and Title 14 CCR, Section 753, and Sections 15000-15387)
has and should continue to require proposed project effects to Hermes
copper butterflies be evaluated under the provisions of this State
environmental statute, although CEQA does not require any species to be
protected. CEQA requires public agencies to disclose environmental
impacts of a project on native species and natural communities during
the land use planning process and to identify mitigation measures and
project alternatives. This allows public comments to influence the
planning process. The National Environmental Policy Act (NEPA) (42
U.S.C. 4321-4347) requires the Federal Government to disclose adverse
impacts of a proposed action that cannot be avoided, but NEPA does not
require any species to be protected. Although these statutes provide
limited protection for the Hermes copper butterfly, we are not aware of
any documentation that suggests that implementation of these laws,
especially land use development projects under CEQA, pose a significant
threat to the species. Also, as discussed under Factor A above,
information in the petition and available to us does not substantiate
the claim that urban development subject to these laws has
significantly reduced the amount of available Hermes copper butterfly
habitat.
Forest Service Management
Information provided in the petition. The petitioner claimed Forest
Service regulations and management activities appear to provide few
protections to the Hermes copper butterfly. The petitioner states that
aside from monitoring survey results by others, there is no indication
that the Cleveland National Forest is engaged in the conservation of
the
[[Page 44974]]
Hermes copper butterfly. In addition, the petitioner states the Hermes
copper butterfly is not formally recognized as a ``sensitive species''
by the Forest Service, and recognition of Hermes copper butterfly as a
sensitive species would still be unlikely to generate any important,
pro-active conservation activities necessary to improve the status of
the species.
Analysis of information provided in the petition. The Hermes copper
butterfly was included in the table of ``Animal Species Evaluated for
Viability Concerns (Species of Concern)'' by the Forest Service (USDA
2005a); therefore, the petitioners claim the Hermes copper butterfly is
not formally recognized as a ``sensitive species'' by the Forest
Service is not currently accurate.
In describing proposed management standards to address threats
facing designated ``Animal Species-At-Risk,'' the Forest Service stated
the Hermes copper butterfly ``[c]ould be affected by prescribed fire or
fuel reduction projects in habitat that affect [its] host plant,
Rhamnus crocea; wildfire risk'' and that Vegetation Management Standard
37 addressed this threat (USDA 2005a). As discussed above, Standard 37
of the Forest Service's Land Management Plan (USDA 2005b), requires the
Forest Service to ``[d]esign and manage fuel treatments to minimize the
risk that treated areas will be used by unauthorized motorized and
mechanized vehicles [and to m]itigate impacts where such use does
occur.'' However, it is not clear how this standard protects the
butterfly from prescribed fire, nor is any other protection apparently
provided by this standard because vehicle impacts are not considered a
threat to the species.
In the Cleveland National Forest's (USDA 2005c) Land Management
Plan, the Forest Service's primary strategy for threatened, endangered,
proposed, candidate, and sensitive species management is to ``[m]anage
habitat to move listed species toward recovery and delisting'' and
``[p]revent listing of proposed and sensitive species'' by implementing
the priority conservation strategies in Table 529. According to this
table (USDA 2005c), the priority tasks for the next 3 to 5 years in
conservation strategy emphasis are to monitor/study ``[s]pecies
recovery after wildfire (burned area monitoring)'' and protect its
habitat by preventing and suppressing fires. Although the above
guidance is general in nature, the Cleveland National Forest should be
engaged to some degree in the conservation of the Hermes copper
butterfly; however, no documentation of conservation activities was
available.
We acknowledge that Forest Service regulations provide limited
protection of the Hermes copper butterfly. However, as discussed in
Factor A and Factor E, information in the petition does not
substantiate the claim that wildfire or prescribed fire pose a threat
to the species or that there is a need to improve the species' status.
San Diego Multiple Species Conservation Plan
Information provided in the petition. The petition stated: (1) The
Hermes copper butterfly is not recognized as a ``covered species''
under the San Diego Multiple Species Conservation Plan (MSCP) (MSCP
1998); (2) the MSCP cannot provide the necessary management to benefit
the species because none is planned, described, or required by the
Plan; and (3) the MSCP can benefit the Hermes copper butterfly only in
the event of collaterally beneficial conservation activities for other
species and habitats. The petitioner claimed the informal treatment of
Hermes copper butterfly by the MSCP provides few conservation benefits.
The petitioner also stated the MSCP identifies only three sites where
the butterfly occurs in one area, the Metro-Lakeside-Jamul Segment,
despite the additional occupied sites at the time of Plan approval in
the Metro-Lakeside-Jamul and South County segments.
Analysis of information provided in the petition. It is true this
species is not specifically covered under the San Diego Multiple
Species Conservation Plan; however, the San Diego MSCP appears to have
already benefited the Hermes copper butterfly where it overlaps with
conservation activities for other species (e.g., management of
Crestridge Ecological Reserve and the San Diego National Wildlife
Refuge). Also, not all potential habitat within the planned MSCP
preserve has been fully surveyed yet, and the full distribution of the
species within areas protected or managed by the MSCP is unknown.
Land use restrictions within the MSCP County of San Diego Subarea
plan will be implemented through the Biological Mitigation Ordinance
(BMO). The BMO implements preserve design criteria for urban
development and conservation of remaining private land, based on
preserve design criteria that establish mitigation ratios and
conditions. Mitigation may be required for the species recognized as
``sensitive species'' as defined by CEQA on land identified as
Biological Resource Core Area, and therefore should provide some
protection for the species. However, Hermes copper butterfly
populations, habitat, and dispersal corridors will not be protected
outside of the Biological Resource Core Area. The BMO within the
Biological Core Area requires the County to impose design criteria that
could minimize additional losses of populations and habitat, but would
not require avoidance of Hermes copper butterfly populations, habitat,
or dispersal corridors.
City of San Diego and County Open Space Parks
Information provided in the petition. The petition stated that
remaining Hermes copper butterfly populations are not necessarily
protected by nature of their location on the following open space park
lands managed by the City or County of San Diego: Black Mountain,
McGinty Mountain, and Mission Trails Regional Park. Lacking formal
coverage, the Hermes copper butterfly cannot directly benefit from
these open spaces.
Analysis of the information provided in the petition. The Hermes
copper butterfly is now known to occur on approximately 25 different
properties in San Diego County, California. Of these, seven properties
are under City or County of San Diego ownership. Many of these lands
are ``designed'' open space areas and County parks, which include
various types of trails, ball fields, picnic areas, restroom facilities
and/or parking lots. Although the impact of recreation on the butterfly
is unknown, it is unlikely that limited recreational development and
foot and bicycle traffic will destroy significant numbers of host plant
shrubs in existing designated open space parklands.
County of San Diego Resource Protection Ordinance
Information provided in the petition. The petition claimed the
County of San Diego's Resource Protection Ordinance (RPO) (County of
San Diego 1991) imposes control on development of wetlands,
floodplains, steep slopes, sensitive biological habitats, and
prehistoric and historic sites. The petition stated RPO provisions
address biological resources outside of the boundaries of the County's
Subarea Plan under the San Diego MSCP. The RPO does not directly
protect species or impose any species-specific management efforts, but
rather attempts to minimize the impacts of urban development on
habitat. The petition stated that the Hermes copper butterfly would be
only inadvertently protected by the County RPO through the land
protection ordinance, which would not require measures necessary to
prevent extinction of the species, such as a requirement that new urban
[[Page 44975]]
development avoid remaining Hermes copper butterfly populations and
dispersal corridors. The petition also stated the RPO does not provide
measures that could improve the status of the species, such as special
conservation management of the Hermes copper butterfly populations,
habitat, and dispersal corridors.
Analysis of the information provided in the petition. The RPO
(County of San Diego 1991) imposes controls on development of wetlands,
floodplains, steep slopes, sensitive biological habitat, and
prehistoric and historic sites. The RPO requires the Resource
Protection Study for certain discretionary projects in order to
identify a number of objectives, including identification of
environmentally sensitive lands. The County may require conditions to
protect sensitive lands including habitats that may protect the Hermes
copper butterfly.
Based on the information and analysis provided above, we find that
the petition does not present substantial information that the species
is threatened at this time by the inadequacy of existing regulatory
mechanisms across all or a significant portion of its range.
E. Other Natural or Manmade Factors Affecting Continued Existence
The petition, its appendices, and referenced documents discuss the
following threats that we have grouped under Factor E: Vulnerability of
small and isolated populations, and global climate change.
Vulnerability of Small and Isolated Populations
Information provided in the petition. The petitioner asserts that
endemic species, such as the Hermes copper butterfly, are generally
considered more prone to extinction than widespread species due to
their restricted geographic range. The petitioner claims that the
common factors that increase the vulnerability of a small and isolated
population to extinction are demographic fluctuations, environmental
stochasticity, and reduced genetic diversity.
Analysis of the information provided in the petition. Although
annual observations of the largest known pre-fire population
(Crestridge Ecological Reserve) suggest that numbers of adult
butterflies may fluctuate approximately two orders of magnitude from
one year to the next, and may be correlated with rainfall (Klein and
Faulkner 2003), it is not clear how these observations correlate with
population densities of all individuals including immature diapausing
(quiescent) stages. Also, much uncertainty exists regarding the
distribution of the species because the range of its host plant, spiny
redberry, extends well beyond the known range of the butterfly, and
surveys have not been conducted throughout the host plant range
(especially inland San Diego County and northwestern Baja California
Norte). While it is possible that ``small'' populations and isolation
could subject the butterfly to genetic drift and restricted gene flow
that may decrease genetic variability over time and could adversely
affect the species' viability, we do not have sufficient information
about the species' distribution or population structure to determine
that isolation and small population size pose a threat to the species.
Global Climate Change
Information provided in the petition. The petitioner asserted
butterflies are particularly sensitive to small changes in
microclimates, such as fluctuations in moisture, temperature, or
sunlight. Studies of Edith's checkerspot (Euphydryas chalceona edithi)
have documented that whole ecosystems may move northward or upward in
elevation as the Earth's climate warms.
Analysis of the information provided in the petition. The
petitioner did not provide specific information validating the claim
that the Hermes copper butterfly may be endangered by global climate
change. We recognize recent evaluations (e.g., Parmesan and Galbraith
2004) that whole ecosystems are seemingly being shifted northward. We
are not aware of any documentation available or provided by the
petitioner directly linking global warming as a threat to the Hermes
copper butterfly, or explaining how global warming specifically affects
this species.
We do not have sufficient information about the species'
distribution or population structure to determine that isolation and
small population size pose a threat to the species or that global
warming poses a threat to the Hermes copper butterfly. Therefore, we
have determined that information in the petition and available to us
does not substantiate the claim that vulnerability of small and
isolated populations and global climate change have significantly
impacted Hermes copper butterfly.
Finding
We evaluated each of the five listing factors individually, and
because the threats to Hermes butterfly are not mutually exclusive, we
also evaluated the collective effect of these threats. The petition
focused primarily on three listing factors: Factor A (the Present or
Threatened Destruction, Modification, or Curtailment of the Species'
Habitat or Range), Factor D (Inadequacy of Existing Regulatory
Mechanisms), and Factor E (Other Natural or Manmade Factors Affecting
Its Continued Existence). More specifically, information in the
petition suggests that urban development and fire pose the primary
threats to Hermes copper butterfly habitat and populations because the
species' range occurs on lands susceptible to both types of impacts.
While it is likely that recent fires have temporarily reduced the
extent of Hermes copper butterfly habitat (i.e., spiny redberry and
associated chaparral/coastal sage scrub plants), information in the
petition and available to us does not substantiate a permanent loss of,
or a downward trend in, the extent of the species' habitat as a result
of increased fire frequency. Also, within areas that have burned, the
species appears able to re-colonize over time.
We also acknowledge that urbanization and fire have further
fragmented the species' habitat, but current information indicates
development does not currently threaten the species with extinction.
Also, much uncertainty exists regarding the distribution of the species
because the range of its host plant, spiny redberry, extends well
beyond the known range of the butterfly, and surveys have not been
conducted throughout the host plant's range.
We have determined that the petition and other information in our
files does not present substantial information that the species is
threatened at this time by the inadequacy of existing regulatory
mechanisms across all or a significant portion of the species' range
and that Federal listing would not necessarily provide additional
benefits to the species. We will continue to work with the appropriate
Federal, State, and local entities to avoid and minimize impacts to
this species on their lands.
We have reviewed the petition and literature cited in the petition
and evaluated that information in relation to information available to
us. After this review and evaluation, we find the petition does not
present substantial scientific or commercial information to indicate
listing the Hermes copper butterfly may be warranted at this time.
Although we are not commencing a status review in response to this
petition, we will continue to monitor potential threats and ongoing
management actions that might be important with regard to the
conservation of the Hermes copper butterfly across its range. We
encourage
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interested parties to continue to gather data that will assist with the
conservation of the species. Information regarding the Hermes copper
butterfly may be submitted to the Field Supervisor, Carlsbad Fish and
Wildlife Office (see ADDRESSES section above) at any time.
References Cited
A complete list of all references cited herein is available, upon
request, from the Carlsbad Fish and Wildlife Office (see ADDRESSES
section above).
Author
The primary authors of this notice are staff of the Carlsbad Fish
and Wildlife Office (see ADDRESSES section above).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: August 1, 2006.
H. Dale Hall,
Director, U.S. Fish and Wildlife Service.
[FR Doc. E6-12744 Filed 8-7-06; 8:45 am]
BILLING CODE 4310-55-P