[Federal Register: February 16, 1999 (Volume 64, Number 30)] [Notices] [Page 7662-7664] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr16fe99-96] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of an Application To Amend the Incidental Take Permit for the San Bruno Mountain Habitat Conservation Plan, San Mateo County, CA AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability and receipt of application. ----------------------------------------------------------------------- SUMMARY: This notice advises the public that the County of San Mateo and the cities of South San Francisco, Daly City, and Brisbane, California (Applicants), have applied to the Fish and Wildlife Service (Service) for an amendment to the San Bruno Mountain incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The proposed amendment would add the callippe silverspot butterfly (Speyeria callippe callippe), listed as endangered under the Act on December 5, 1997, to the Applicants' existing incidental take permit (PRT 2-9818), and would authorize take of the callippe silverspot butterfly incidental to development activities on San Bruno Mountain, San Mateo County, California as described in the San Bruno Mountain Habitat Conservation Plan (Plan). This permit was originally issued by the Service on March 4, 1983, and authorized incidental take of the federally endangered mission blue butterfly (Icaricia icarioides missionensis), federally endangered San Bruno elfin butterfly (Callophyrs mossii bayensis), and federally threatened San Francisco garter snake (Thamnophis sirtalis tetrataenia) on San Bruno Mountain, California. This notice announces receipt of this permit amendment application and the availability of [[Page 7663]] associated documents, which include the original Plan, Environmental Assessment, and Implementing Agreement, and summary information provided by the Applicants regarding the current amendment request. All comments received, including names and addresses, will become part of the administrative record and may be made available to the public. DATES: Written comments should be received on or before March 18, 1999. ADDRESSES: Send written comments to Mr. Wayne White, Field Supervisor, U.S. Fish and Wildlife Service, 3310 El Camino Avenue, Suite 130, Sacramento, California 95821-6340. Comments may be sent by facsimile to (916) 979-2744. FOR FURTHER INFORMATION CONTACT: Ms. Lori Rinek or Mr. William Lehman, Fish and Wildlife Biologists, at the above address or call (916) 979- 2129. SUPPLEMENTARY INFORMATION: Document Availability Individuals wishing copies of the documents mentioned above should immediately contact the Service's Sacramento Fish and Wildlife Office at the above referenced address or by telephone at (916) 979-2710. Documents will also be available for public inspection, by appointment, during normal business hours at the above address. Background Information Section 9 of the Act and Federal regulation prohibit the ``take'' of species listed as endangered or threatened, respectively. Take is defined under the Act, in part, as to kill, harm, or harass a federally listed species. However, the Service may, under limited circumstances, issue permits to authorize ``incidental take'' of listed species. Incidental take is defined by the Act as take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. Regulations governing permits for endangered species are found in 50 CFR 17.31. Regulations governing permits for threatened species are found in 50 CFR 17.32. On March 4, 1983, the Service issued the County of San Mateo and the cities of South San Francisco, Daly City, and Brisbane a permit (PRT 2-9818) for incidental take of the mission blue butterfly, San Bruno elfin butterfly, and San Francisco garter snake during development activities on San Bruno Mountain, San Mateo County, California. The Plan, on which issuance of PRT 2-9818 was based, listed the callippe silverspot butterfly as a ``Species of Concern,'' since it was then not listed and afforded protection under the Act, but nevertheless treated the callippe silverspot butterfly as if the species was listed under the Act. At the time of issuance of the permit in 1983, the Service did not identify species not listed under the Act on the face of an incidental take permit, even when such a species was treated in a habitat conservation plan as if listed and protected under the Act. The Plan was developed to implement a long-term strategy to conserve the three butterflies stated above, their host and larval plants, and the San Francisco garter snake on San Bruno Mountain and to minimize and mitigate the impact that development on San Bruno Mountain would have on these species. Conservation measures established by the Plan include: (1) Permanent preservation of butterfly habitat and ecological diversity through transfer of private lands on San Bruno Mountain to the public (the Plan protects 87 percent of the habitat of the mission blue butterfly, 93 percent of the habitat of the callippe silverspot butterfly and 100 percent of the habitat of the San Bruno elfin butterfly); (2) providing funding for the Plan through the assessment of development fees on the limited development allowed by the Plan on San Bruno Mountain; (3) protection and improvement of butterfly habitat through fencing, control of exotic plant species, and other measures; (4) regulation of construction activities to avoid unnecessary impacts to butterfly habitat; (5) ongoing monitoring and research of San Bruno Mountain's ecology and its associated Species of Concern; and (6) establishment of a manager to implement the Plan's conservation program. All of these measures applied to the callippe silverspot butterfly, which was then not listed under the Act, as well as to the federally listed species. The callippe silverspot butterfly was listed by the Service as endangered on December 5, 1997 (62 FR 64306). One of the primary reasons cited by the Service for listing the butterfly was over- collection by insect collectors. Other factors cited include the threats of road and residential development, trampling of host plants by hikers and off-road vehicles, and application of herbicides and other chemical agents. Listing of the callippe silverspot butterfly under the Act provides the butterfly with regulatory protections against collecting and other threats. As a result of this listing, incidental take of the callippe silverspot butterfly is prohibited under the Act unless such take is otherwise authorized. As explained above, the Plan addressed the callippe silverspot butterfly as if it was listed under the Act; however, the species was not included in the list of species named on the incidental take permit. As a result, any taking of callippe silverspot butterflies on San Bruno Mountain Plan as a result of development activities would not be authorized under the Applicants' current permit. Consequently, the Applicants request this permit amendment to add the callippe silverspot butterfly to their incidental take permit. The Applicants also state in their permit application that the callippe silverspot butterfly was adequately addressed in the original Plan and that, consequently, amendments of the Plan and its supporting documents are unnecessary. In support of this, the Applicants cite statements from the Plan and Implementing Agreement that: (1) The Plan provides for the long-term reconciliation of the concerns of the parties regarding protection and enhancement of all the Plan's Species of Concern; (2) the Plan minimizes and mitigates the impacts of development on San Bruno Mountain's Species of Concern to the maximum extent practicable; and (3) no further mitigation or compensation will be required to provide for the conservation, protection, or enhancement of the San Bruno Mountain ecological community, including but not limited to its Species of Concern. However, the original Plan did not address the problem of butterfly collecting on San Bruno Mountain. In light of this and the fact that collecting of callippe silverspot butterflies was a primary reason cited by the Service for listing the species, the Applicants have agreed to a new condition to protect the callippe silverspot butterfly and other federally listed butterflies inhabiting San Bruno Mountain. The Applicants will post signs at all major trailheads and other public access points to San Bruno Mountain stating that: (1) Federal law prohibits the collection of the mission blue butterfly, San Bruno elfin butterfly, and callippe silverspot butterfly; (2) San Bruno Mountain provides habitat for these species; and (3) collecting or harming endangered butterflies could result in civil or criminal penalties under the Act. Placement of the signs will be made a condition of the amended permit and their design will be developed by the Applicants in consultation with the Service. In light of the above, the Service proposes to amend the Applicants' incidental take permit to add the callippe silverspot butterfly to the list of [[Page 7664]] covered species identified in the permit, and to authorize any take of the callippe silverspot butterfly that is incidental to development activities carried out in accordance with the Plan. This notice is provided pursuant to section 10(c) of the Endangered Species Act and Service regulations for implementing the National Environmental Policy Act of 1969 (40 CFR 1506.6). The Service will evaluate the application, associated documents, and comments submitted thereon to determine whether the application meets the requirements of these laws. If the Service determines that the requirements are met, the existing permit (PRT 2-9818) will be amended for the incidental take of the callippe silverspot butterfly. A final decision on amending the permit will be made no sooner than 30 days from the date of this notice. Dated: February 9, 1999. Elizabeth H. Stevens, Manager, California/Nevada Operations Office, Fish and Wildlife Service, Region 1, Sacramento, California. [FR Doc. 99-3616 Filed 2-12-99; 8:45 am] BILLING CODE 4310-55-P