[Federal Register: May 4, 2010 (Volume 75, Number 85)]
[Proposed Rules]
[Page 23654-23663]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my10-31]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2010-0031]
[MO 92210-0-0008-B2]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition to List Hermes Copper Butterfly as Threatened or Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of petition finding and initiation of status review.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to list Hermes copper butterfly
(Hermelycaena [Lycaena] hermes) as a threatened or endangered species
under the Endangered Species Act of 1973, as amended (Act) and to
designate critical habitat. We find the petition presents substantial
scientific or commercial information indicating that listing the Hermes
copper butterfly may be warranted. Therefore, with the publication of
this notice, we are initiating a status review to determine if the
petitioned action is warranted. To ensure that the status review is
comprehensive, we are soliciting scientific and commercial data and
other information regarding this species. Based on the status review,
we will issue a 12-month finding on the petition, which will address
whether the petitioned action is warranted, as provided in section
4(b)(3)(B) of the Act.
DATES: To allow us adequate time to conduct this review, we request
that we receive information on or before July 6, 2010. Please note that
if you are using the Federal eRulemaking Portal (see ADDRESSES section,
below), the deadline for submitting an electronic comment is 11:59 p.m.
Eastern Time on this date. After July 6, 2010, you must submit
information directly to the Field Office (see FOR FURTHER INFORMATION
CONTACT section below). Please note that we might not be able to
address or incorporate information that we receive after the above
requested date.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Search for docket FWS-R8-ES-2010-0031 and then follow the instructions
for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R8-ES-2010-0031; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Request for Information section below for more details).
FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, Carlsbad
Fish and Wildlife Office, Carlsbad Fish and Wildlife Office, U.S. Fish
and Wildlife Service, 6010 Hidden Valley Road, Suite 101, Carlsbad, CA
92011, 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.
SUPPLEMENTARY INFORMATION:
Request for Information
When we make a finding that a petition presents substantial
information indicating that listing a species may be warranted, we are
required to promptly review the status of the species (status review).
For the status review to be complete and based on the best available
scientific and commercial information, we request information on the
Hermes copper butterfly from governmental agencies, Native American
Tribes, the scientific community, industry, and any other interested
parties. We seek information on:
(1) The species' biology, range, and population trends, including:
(a) Habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns;
(d) Historical and current population levels, and current and
projected trends; and
(e) Past and ongoing conservation measures for the species and its
habitat in the United States and Mexico.
(2) The factors that are the basis for making a listing
determination for a species under section 4(a) of the Endangered
Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.), which
are:
(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; or
(e) Other natural or manmade factors affecting its continued
existence.
(3) Information on management programs for the conservation of
Hermes copper butterfly.
(4) The potential effects of climate change on this species and its
habitat, what regional climate change models are available, and whether
they are reliable and credible to use as step-down models for assessing
the effects of climate change on this species and its habitat.
(5) Additional information on the following locations in San Diego
County, California, United States of America (U.S.A.) where the status
of the species or level of the threat (such as fire), is unknown
(petitioner location names used for the first time are in quotation
marks if we added a location description):
- approximately 3 miles (mi) (5 kilometers (km)) south of the City
of El Cajon (``El Cajon (3 miles South)'');
- the neighborhood of Flinn Springs in the City of El Cajon
(``Flinn Springs (El Cajon)'');
- Fairmont Canyon in the City of San Diego (``Fairmont Canyon'');
- the community of Kearny Mesa (``Kearny Mesa'');
- City of San Diego urban core area;
- the Crosby property in the City of Rancho Santa Fe (``The
Crosby'');
- City of Spring Valley (``Spring Valley'');
- community of Harmony Grove in the City of Escondido (``Harmony
Grove'');
- Steel Canyon near the community of Jamul (``Steel Canyon'');
- Mission Valley in the City of San Diego (``Mission Valley'');
- City of Poway near the intersection of Poway Road and State Route
395 (``Poway Road/Highway 395'');
- community of Dulzura (``Dulzura'');
-- Deerhorn Valley near the community of Jamul (``Deerhorn
Valley'');
- area near Mt. Miguel; the community of Pine Valley (``Pine
Valley'');
- Big Rock Road in the city of Santee (``Santee's Big Rock
Road;'');
- community of Alpine (``Alpine'');
- community of Miramar (``Miramar'');
- Sycamore Canyon and Gooden Ranch in the City of Santee
(``Sycamore Canyon and Gooden Ranch'');
- Otay Mountain foothills (``Otay-Foothill area'');
[[Page 23655]]
- 1 mi (1.6 km) west of Lake Hodges (``Lake Hodges (1 mile
West)'');
- Boulder Creek Road near the community of Descanso (``Boulder
Creek Road'');
- Harbison Canyon near the community of Crest (``Harbison
Canyon'');
- Little Cedar Creek near Otay Mountain (``Little Cedar Creek'');
- San Marcos Creek in the City of San Marcos (``San Marcos
Creek'');
- Spring Canyon near the City of Santee (``Spring Canyon''); and
- Sycuan Peak in the community of Jamul (``Sycuan Peak'').
We would also like information for the following locations in Baja
California, Mexico:
- 12 mi (19 km) north of the city of Ensenada (``Ensenada (12 mi
north)'');
- 18 mi (29 km) south of Santo Tomas Valley (``Santo Tomas (18 mi
south)'');
- the community of Bajamar (``Bajamar''); and the community of
Salsipuedes (``Salsi Puedes'')..
(6) Information on U.S. Forest Service Land and Resource Management
Plan revisions and the status of the species on U.S. Forest Service
lands.
Please include sufficient information with your submission (such as
full references) to allow us to verify any scientific or commercial
information you include.
If, after the status review, we determine that listing Hermes
copper butterfly is warranted, we intend to propose critical habitat
(see definition in section 3(5)(A) of the Act), as per section 4 of the
Act, to the maximum extent prudent and determinable at the time we
propose to list the species. Therefore, within the geographical range
currently occupied by Hermes copper butterfly, we request data and
information on:
(1) What may constitute ``physical or biological features essential
to the conservation of the species,''
(2) Where these features are currently found, and
(3) Whether any of these features may require special management
considerations or protection.
In addition, we request data and information on ``specific areas
outside the geographical area occupied by the species'' that are
``essential to the conservation of the species.'' Please provide
specific comments and information as to what, if any, critical habitat
you think we should propose for designation if the species is proposed
for listing, and why such habitat meets the requirements of section 4
of the Act.
Submissions merely stating support for or opposition to the action
under consideration without providing supporting information, although
noted, will not be considered in making a determination. Section
4(b)(1)(A) of the Act directs that determinations as to whether any
species is an endangered or threatened species must be made ``solely on
the basis of the best scientific and commercial data available.''
You may submit your information concerning this status review by
one of the methods listed in the ADDRESSES section. If you submit
information via http://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the
website. If you submit a hardcopy that includes personal identifying
information, you may request at the top of your document that we
withhold this personal identifying information from public review.
However, we cannot guarantee that we will be able to do so. We will
post all hardcopy submissions on http://www.regulations.gov.
Information and supporting documentation that we received and used
in preparing this finding, will be available for you to review at
http://www.regulations.gov, or you may make an appointment during
normal business hours at the U.S. Fish and Wildlife Service, Carlsbad
Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Background
Section 4(b)(3)(A) of the Act requires that we make a finding on
whether a petition to list, delist, or reclassify a species presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted. We are to base this finding on
information provided in the petition, supporting information submitted
with the petition, and information otherwise available in our files. To
the maximum extent practicable, we are to make this finding within 90
days of our receipt of the petition and publish our notice of the
finding promptly in the Federal Register.
Our standard for substantial scientific or commercial information
within the Code of Federal Regulations (CFR) with regard to a 90-day
petition finding 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)). If we find that substantial
scientific or commercial information was presented, we are required to
promptly review the status of the species, which is subsequently
summarized in our 12-month finding.
New species information received since the our previous 90-day
finding (71 FR 44966, August 8, 2006) is limited to Marschalek and
Deutschman's (2008) study of the effect of habitat edges on Hermes
copper butterfly, new species observation locations, and fire data (see
Species Information sections below). We received additional information
from the petitioners in an email on March 5, 2010 (Evans 2010). We
reviewed and evaluated the information they submitted, and did not find
that it provided any new data relative to the status of the species or
threats to it or its habitat. The petitioners submitted one piece of
anecdotal species information that we did not already have in our
files, a personal communication (cited ``D. Faulkner, V. Marquez-Waller
pers. comm. on 4/16/08'') that a ``Ladybird beetle'' is a potential
Hermes copper butterfly predator (Evans 2010 attachment, p. 8).
For biological and other scientific information on Hermes copper
butterfly, please refer to our previous 90-day finding published in the
Federal Register on August 8, 2006 (71 FR 44966).
Previous Federal Actions
On August 8, 2006, we published 90-day findings for both Hermes
copper butterfly and Thorne's hairstreak butterfly in the Federal
Register. The findings concluded that the petitions and information in
our files did not present substantial scientific or commercial
information indicating that listing Hermes copper (71 FR 44966) or
Thorne's hairstreak butterflies (71 FR 44980) was warranted. (For a
detailed history of Federal actions involving Hermes copper butterfly
prior to the 2006 90-day finding, please see the August 8, 2006,
Federal Register Notice (71 FR 44966)). On March 17, 2009, CBD and
David Hogan filed a complaint for declaratory and injunctive relief
challenging the Service's decision not to list Hermes copper butterfly
and Thorne's hairstreak butterfly as threatened or endangered under the
Act. In a settlement agreement dated October 23, 2009 (Case No. 09-0533
S.D. Cal.), the Service agreed to submit new 90-day petition findings
to the Federal Register by April 2, 2010, for Thorne's hairstreak
butterfly, and by May 13, 2010, for Hermes copper butterfly. As a part
of the settlement agreement, we agreed to evaluate the October 25,
2004, petition filed by David Hogan and CBD, supporting information
submitted with the petition, and information available in the Service's
files, including information that has become available since the
publication of the negative 90-day findings on August 8, 2006. If the
90-day findings determine that listing
[[Page 23656]]
may be warranted, we agreed to submit a 12-month finding to the Federal
Register by March 4, 2011, for Thorne's hairstreak butterfly, and by
April 15, 2011, for Hermes copper butterfly. We published a 90-day
finding in the Federal Register on April 5, 2010 (75 FR 17062)
concluding that listing Thorne's hairstreak butterfly may be warranted.
This notice constitutes our 90-day finding on the petition to list
Hermes copper butterfly under section 4(b)(1)(A) of the Act.
Species Information
Hermes copper butterfly is endemic to the southern California
region, primarily occurring in San Diego County, California, and a few
records of the species have been documented in Baja California, Mexico
(Faulkner and Klein 2005, p. 23). The species inhabits coastal sage
scrub and southern mixed chaparral (Marschalek and Deutschman 2008, p.
98) and is dependent on its larval host plant, Rhamnus crocea (spiny
redberry), to complete its lifecycle. Adult Hermes copper butterflies
lay single eggs on R. crocea stems where they hatch and feed until
pupation occurs at the base of the plant. Hermes copper butterflies
have one flight period (termed univoltine) occurring in mid-May to
early-July, depending on weather conditions and elevation (Faulkner and
Klein 2005, pp. 23-24).
Adult Hermes copper butterflies have been known to nectar (feed) in
coastal sage scrub and chaparral ecosystems on Adenostema fasciculatum
(chamise), Eriogonum fasciculatum (California buckwheat), Helianthus
gracilentus (slender sunflower), Toxicodendron diversilobum (poison
oak), and Hirshfeldia incana (short-podded mustard) and are rarely seen
far from their nectar source or host plant (Faulkner and Klein 2005,
pp. 24-25; Marschalek and Deutschman 2008, p. 102). Marschalek and
Deutschman (2008) documented densities of Hermes copper butterflies on
paired transects along edges and within the interior of host plant
stands in rural areas. Their study results indicate Hermes copper
butterfly densities are significantly higher near host plant stand
edges than in the interior (Marschalek and Deutschman 2008, p. 102),
suggesting that this single factor in natural areas may have a positive
effect on species' density.
Historical data indicate Hermes copper butterflies ranged from
Fallbrook, California, in northern San Diego County to 18 mi (29 km)
south of Santo Tomas in Baja California, Mexico, and from Pine Valley
in eastern San Diego County to Lopez Canyon in western San Diego
County. Range-wide species surveys have not been completed; therefore,
it is difficult to assess the extent of occupation throughout the
historical range.
Habitat
According to Thorne (1963, pp. 143-144), Hermes copper butterflies
are dependent on Rhamnus crocea (spiny redberry), a wide-ranging
perennial coastal sage scrub and chaparral-associated species, as its
larval host and for completion of its lifecycle. The range of R. crocea
extends throughout coastal northern California, central western
California, southwestern California, and into Baja California, Mexico,
to an elevation of 3,280 feet (ft) (1000 meters (m)). The coastal sage
scrub and chaparral ecosystems in San Diego County have been subject to
multiple fires of various levels of severity (Keeley and Fotheringham
2003, pp. 242-243; Faulkner and Klein 2005, p. 25). Rhamnus crocea and
other coastal sage scrub or chaparral-associated species are adapted to
intermittent fire, but researchers postulate that increased fire
frequency may result in altered vegetation structure or type conversion
throughout the range (Keeley and Fotheringham 2003, pp. 243-244; Keeley
2004, pp. 2-3) and lead to a significant decline in Hermes copper
butterfly habitat availability and suitability. Anecdotal evidence
indicates Hermes copper butterflies require mature R. crocea to
complete their lifecycle; therefore, increased fire frequency may
reduce suitable host plant availability. However, no quantitative
studies have occurred to test this hypothesis.
For additional detailed species information on Hermes copper
butterfly, please refer to our previous 90-day finding, which published
in the Federal Register on August 8, 2006 (71 FR 44966).
Evaluation of Information for this Finding
Section 4 of the Act (16 U.S.C. 1533), and its implementing
regulations in the Code of Federal Regulations (CFR) at 50 CFR 424, set
forth the procedures for adding species to the Federal Lists of
Endangered and Threatened Wildlife 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; or (E) other natural or
manmade factors affecting its continued existence.
In making this 90-day finding, we evaluated whether information on
threats to Hermes copper butterfly, as presented in the 2004 petition
and other information available in our files, is substantial, thereby
indicating that the petitioned action may be warranted. In the sections
that follow, we summarize information included in the 2004 petition and
evaluate any new information in our files. For additional information
regarding Hermes copper butterfly please refer to the previous 90-day
finding published in the Federal Register on August 8, 2006 (71 FR
44966).
A. The Present or Threatened Destruction, Modification, or Curtailment
of the Species' Habitat or Range
The petition, its appendices, and referenced documents discuss the
following threats that are grouped under Factor A: development,
wildfire, fire management techniques, and habitat fragmentation.
The petition includes a table that lists Hermes copper butterfly
populations and their presumed status at 56 occurrences throughout San
Diego County and into Mexico. The table identifies 22 occurrences that
were presumed lost in the 2003 Otay, Cedar, and Paradise fires; 6
occurrences that were presumed lost to urban development; 8 occurrences
that were known to be occupied and were mentioned in various
environmental review documents; 2 occurrences with unknown locations
and occupancy status; and 18 occurrences of unknown occupancy status
(which include 4 in Baja California, Mexico).
Development
Information Provided in the Petition
The petitioner stated that Hermes copper butterfly is vulnerable to
extinction due to loss of populations and habitat loss as a result of
urban development. The petitioner's table lists 6 locations that are
presumed lost to development and 8 locations discovered as a result of
surveys and environmental reviews for development projects. There are
14 Hermes copper butterfly locations in the petitioner's table that do
not include any indication of current occupancy status and an
additional 2 occurrences with unknown locations and status.
[[Page 23657]]
Evaluation of Information Provided in the Petition and Available in
Service Files
At one of the 6 locations presumed lost to development (``Scripps
Gateway'' at the southwest corner of Interstate 15 and Scripps Poway
Parkway), the last Hermes copper butterfly observation was in 1996, and
information in our files indicates that development has not impacted
this area. Further investigation is needed to accurately determine the
species' status at this location. The remaining 5 locations identified
by the petitioner as lost to development were observed 45 or more years
ago. We do not have more recent data on these specific locations and
further investigation is needed to determine their status. However,
information in our files indicates that some of the historical
occurrences referenced by the petitioner (Kearny Mesa, Mission Valley,
San Diego State College, and ``Suncrest'' in the community of Crest)
have probably been impacted by urban development.
Information in our files indicates that the status of Hermes copper
butterfly at 4 (the Crosby property in Rancho Santa Fe, Spring Valley,
Harmony Grove, and Steel Canyon) of the 8 locations discovered as a
result of surveys and environmental reviews for development projects is
currently unknown, and the butterfly is currently extant at the other 4
locations (Skyline Truck Trail, Lyons Valley, Lawson Valley, and Jamul
Highlands Road in the community of Jamul). Further investigation is
needed to determine the status of Hermes copper butterfly at the Crosby
property in Rancho Santa Fe, Spring Valley, Harmony Grove, and Steel
Canyon.
Our files do not contain more recent data for the Mexico
occurrences cited in the petition, or data on the 2 unknown locations
listed in the petition that are of unknown status (Mission Valley and
Poway Road/Highway 395). Further investigation is needed to accurately
determine the status of Hermes copper butterfly at those locations.
Of the locations in the petitioner's table, information in our
files indicates that the current status of 5 (Dulzura, Deerhorn Valley,
Mt. Miguel, Pine Valley, and Santee's Big Rock Road) of the 14
locations is unknown, and that 9 of the occurrences (Lyons Peak, Black
Mountain, the community of ``Guatay,'' McGinty Mountain, Poway,
``Robert's Ranch'' near the intersection of State Route 79 and
Interstate 8, San Diego National Wildlife Refuge, Sycuan Peak, and
``Wright's Field'' in the community of Alpine) are extant. Further
investigation of Hermes copper butterfly occupancy at the Dulzura,
Deerhorn Valley, Mt. Miguel, Pine Valley, and Santee's Big Rock Road
locations is needed to determine the species' status at these
locations.
Information in our files indicates the Service is currently
evaluating habitat conservation plans (HCPs) for the San Diego County
Water Authority, Joint Water Agencies, North San Diego County, East San
Diego County, and the City of Santee where Hermes copper butterfly may
be included as a ``covered species'' in order to avoid conflict with
planned future development. These HCPs are seeking coverage for take of
Hermes copper butterfly throughout their plan areas, but the plans are
not yet finalized (see ``D. The Inadequacy of Existing Regulatory
Mechanisms'' section below for further discussion of approved HCPs).
Additionally, the population of San Diego County is predicted to grow
25.2 percent from 2000 to 2020 (California Department of Finance 2007),
suggesting that urbanization pressure will continue to pose an
increasing threat to remaining populations within the range of Hermes
copper butterfly. Development on U.S. Forest Service lands may also
pose a threat to Hermes copper butterflies. The species is considered
an animal species-at-risk by the U.S. Forest Service; defined
specifically, as an uncommon, narrow endemic, disjunct, or peripheral
in the Cleveland National Forest (CNF) Land Resource Management Plan
(LRMP)) area, with substantial threats to species persistence or
distribution from Forest Service activities (USFS 2005a, p. 119).
Information in our files indicates that one specific project is
currently in the permitting and implementation phase (Sunrise
Powerlink) and there are existing energy projects within the CNF
(Winter 2010, pers. comm.) that may pose a threat to Hermes copper
butterfly habitat. These projects may impact Hermes copper butterfly
through direct loss or fragmentation of available habitat. Although no
roads or facility development has been planned for the CNF within
Hermes copper butterfly habitat that we are aware of at this time,
future development or the maintenance of existing facilities may
potentially be a threat to Hermes copper butterfly through
fragmentation of habitat. Information in our files indicates that the
existing electrical energy lines that pass through the CNF may pose a
potential threat of wildfire through accidental ignition (see
``Wildfire'' section below).
In summary, we have evaluated information in our files and the
petition and find there has been some loss of Hermes copper butterfly
habitat due to development, and we conclude there is substantial
information indicating Hermes copper butterfly listing may be warranted
due to the threat of urban development.
Wildfire
Information Provided in the Petition
The petitioner claims that Hermes copper butterfly is highly
vulnerable to extinction due to the threat of fire. The petitioner
claims that excessive human-induced fires threaten the species'
survival, even on lands protected from development. The petitioner
lists 22 locations that are presumed lost to fire (see analysis below
for location descriptions).
Evaluation of Information Provided in the Petition and Available in
Service Files
Information in our files indicates that wildfire regimes throughout
southern California have been changing for some time, and much of this
change is attributed to human demography and population density.
Specifically, fire frequency and season have increased throughout
chaparral and coastal sage scrub ecosystems (Keeley and Fotheringham
2003, pp. 239-242). Information in our files indicates that the 2003
Otay, Cedar, and Paradise fires and the 2007 Harris, Poomacha, and
Witch fires did impact some of the areas with documented Hermes copper
butterfly occurrences (Alpine, Crestridge Ecological Reserve, the
community of Descanso, Spring Valley, Miramar, Mission Trails Regional
Park, Santee, Sycamore Canyon, Otay-Foothill area, and Rancho Jamul
Ecological Reserve). However, the extent to which the habitat
(chaparral and coastal sage scrub and, more specifically, the host
plant Rhamnus crocea) was impacted is unknown and requires further
investigation to accurately assess the impact to Hermes copper
butterfly. Of the 22 locations identified in the petition as presumed
lost to fire, 12 of these locations cited observation data dating back
20 or more years. We do not have more recent data on Hermes copper
butterfly at those locations, and their current status is unknown. Of
the remaining 10 locations, we have data in our files indicating that
Hermes copper butterfly is extant at 5 locations: Mission Trails
Regional Park, Crestridge Ecological Reserve, Descanso, Rancho Jamul,
and Santee (Fanita Ranch). The remaining 5 locations noted in the
petitioner's table that potentially harbor Hermes copper butterfly
would require further investigation to determine the species' status.
[[Page 23658]]
Information in our files indicates that occurrences at 5 of the 22
locations identified in the petition as lost to wildfire are currently
extant. Further investigation is needed to determine the status of the
species at the remaining 17 locations; however, with the expected
increased frequency of fires, the species may not be able to recolonize
habitat patches where they have been extirpated by fire. Additionally,
information in our files indicates that approximately 80 percent of the
Hermes copper butterfly habitat (Rhamnus crocea and other coastal sage
scrub or associated-chaparral species) on CNF lands burned in the 2003
and 2007 fires and only few of the historical locations on CNF are
currently persisting (Winter 2010, pers. comm.)
After reviewing the petition and information in our files, we find
substantial information exists indicating that listing Hermes copper
butterfly may be warranted due to the threat to Hermes copper butterfly
habitat as the result of increased fire frequency or excessive wildfire
relative to historic conditions.
Fire Management Techniques
Information Provided in the Petition
The petitioner claims that prescribed burns used as fire management
techniques are likely to impact the Hermes copper butterfly in a number
of locations throughout the County of San Diego, including the
Cleveland National Forest (CNF). The petitioner asserts that the County
has relied on excessive brush clearing around homes and communities for
fire protection and that the CNF has aggressively pursued prescribed
burning as a vegetation management tool. The petitioner claims that
prescribed burns are likely to reduce the survival of Hermes copper
butterflies.
Evaluation of Information Provided in the Petition and Available in
Service Files
The County of San Diego's Zoning and Ordinance regulations and
recommendations indicate that lands within the County of San Diego are
required to have a defensible space around homes and structures, which
may impact Hermes copper butterfly habitat; however, emphasis is placed
on replacing flammable roofing material with fire-resistant shingles,
planting fire-resistant landscape vegetation, using fire-resistant
native plant species, avoiding invasive nonnative species in
landscaping, and implementing other effective conservation-oriented
fire management techniques (County of San Diego 2006, p. 2; The Fire
Safe Council of San Diego County 2009, p. 1). Information available to
us at this time does not support the petitioner's claim that the County
of San Diego is rejecting conservation-oriented rural planning or
emphasizing prescribed burns. Although prescribed burning is conducted
in potential Hermes copper butterfly habitat on Marine Corps Air
Station Miramar, neither the petition nor information in our files
indicates that prescribed burning is being conducted in occupied Hermes
copper butterfly habitat.
According to the U.S. Forest Service's 2005 final environmental
impact statement for land management plans in the Angeles, Cleveland,
Los Padres and San Bernardino National Forests, Hermes copper butterfly
is an animal species-at-risk due to prescribed burns or fuel reduction
projects in the CNF (USFS 2005(a), p. 175). The CNF's conservation
strategy for the next 3 to 5 years states their intention to monitor
Hermes copper butterfly in burned areas and to prevent and suppress
fires throughout the habitat of Hermes copper butterflies (USFS
2005(b), pp. 88-89). To further fire prevention efforts, the CNF is
creating fuel breaks adjacent to homes and other developed areas to
prevent spread of wildfire from developed areas onto CNF lands.
Information in our files also indicates that CNF is not conducting
large scale prescribed burns, but is actively engaged in fuel reduction
throughout the forest (Winter 2010, pers. comm.).
After reviewing information in our files and in the petition, we do
not find substantial information to indicate that listing of Hermes
copper butterfly may be warranted due to the use of prescribed fire as
a fire management technique either in the County of San Diego or on the
CNF. However, we will further investigate the potential threat of
prescribed fires in our status review for this species.
Habitat Fragmentation
Information Provided in the Petition
The petitioner claims habitat (chaparral and coastal sage scrub)
for Hermes copper butterfly is being fragmented through various
mechanisms (i.e., urban development, fire, type-conversion, and roads)
and that this threatens the species' survival. The petitioner's claims
include the following:
(1) Habitat fragmentation is reducing the overall area of habitat
available for the Hermes copper butterfly;
(2) Host plant, Rhamnus crocea, population distributions have been
fragmented throughout the range of Hermes copper butterfly by urban
development, fire, vegetation type-conversion, road construction, and
other factors; and
(3) Fragmentation leads to expansion of edge habitat that stresses
Hermes copper butterfly populations.
Evaluation of Information Provided in the Petition and Available in
Service Files
Habitat fragmentation increases the ratio of edge to interior
habitat area, creating a boundary around existing suitable habitat
where the surrounding area is unsuitable for the particular organism.
This process isolates the habitat patch from other surrounding suitable
habitat patches and, depending on the movement dynamics of a particular
organism, this habitat separation (or fragmentation) and isolation may
result in increased extirpation risk (Bell et al. 1991, pp. 1-438).
Information in our files and in the petition indicates that habitat
for Hermes copper butterfly has been fragmented by wildfire and urban
development. Comparison of Hermes copper butterfly and host plant
distribution data with satellite imagery indicates wildfire causes
short-term fragmentation of habitat, and much historical habitat has
been fragmented by development. Additionally, the extent of habitat
fragmentation on USFS lands has not been quantified, but information
available at this time indicates that there has been significant loss
and possible patchy distribution of the habitat that is remaining
(Winter 2010, pers. comm.). Specific impacts of habitat fragmentation
on Hermes copper butterfly have not been documented and require further
investigation. The smaller and more isolated butterfly populations are,
the less likely its habitat patches will be recolonized following
extirpation due to wildfire or another catastrophic event. Given that
some locations that historically harbored Hermes copper butterflies
have been impacted and the existence of a possibility of habitat
fragmentation, further investigation is necessary to determine the
implications of these findings to Hermes copper butterfly's
persistence.
In summary, we evaluated the petition and information in our files
and find substantial information has been presented in the petition or
is available in our files to indicate listing Hermes copper butterfly
may be warranted due to the present or threatened destruction,
modification, or curtailment of the species' habitat or range. In
particular,
[[Page 23659]]
we find that fires that have occurred in the north and south of the
species' range and development (including urban development and
activities on CNF lands) through the center of its distribution may
have impacted the habitat (host plant and nectar sources) through loss
or fragmentation and, in turn, may threaten the species' existence.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Information Provided in the Petition
The petitioner claims at least one commercial operation may impact
Hermes copper butterfly. According to the petition, a company called
``Morningstar Flower and Vibrational Essences'' markets a Hermes copper
``butterfly essence'' through their website. The petitioner states it
is unclear how these essences are manufactured or obtained; however,
the petition states that flower essences are produced by soaking the
material in water, alcohol, or vinegar. Additionally, the petition
states that over-collection may impact the Hermes copper butterfly. The
petitioner claims that a female Hermes copper butterfly was worth up to
$20.00 in 1986.
Evaluation of Information Provided in the Petition and Available in
Service Files
Neither the petition nor information available in our files
indicates that commercial use threatens the existence of Hermes copper
butterfly. Information in our files indicates that no Hermes copper
butterflies, whole or physical parts, are used in the process of making
these butterfly essences (Morning Star Essences, pers. comm., 2006). We
are unaware of any other business that markets and sells ``butterfly
essences,'' and we have no information to indicate this activity
threatens Hermes copper butterfly.
Additionally, there is no information in our files or the petition
to indicate over-collection is a threat to Hermes copper butterfly. We
have information in our files that on June 26, 2004, two different
advertisements on the Internet offered specimens of Hermes copper
butterfly for sale for approximately $152.00 (Martin, pers. comm.,
2004). However, there is no evidence that trade or collection directly
contributes, or is a substantial threat, to the species.
After a review of information in our files and in the petition, we
do not find substantial information to indicate that listing Hermes
copper butterfly may be warranted due to overutilization for
commercial, recreational, scientific, or educational purposes. However,
we will further investigate the potential threat of overutilization for
commercial, recreational, scientific, or education purposes in our
status review for this species.
C. Disease or Predation
Disease
There was no information provided in the petition nor do we have
any information in our files to indicate that disease is a threat to
the Hermes copper butterfly.
Predation
Information Provided in the Petition
The petitioner states that species experts suspect predatory
insects, and parasitic insects, spiders, and possibly birds, prey upon
Hermes copper butterfly. Additionally, the petitioner asserts that the
harmful effects of otherwise normal predation or parasitism might be
exacerbated by population reduction from excessive fires. We received
additional information from the petitioner in an email on March 5, 2010
(Evans 2010). The petitioner submitted one piece of anecdotal species
information we did not already have in our files, a personal
communication (cited ``D. Faulkner, V. Marquez-Waller pers. comm. on 4/
16/08'') that a ``Ladybird beetle'' is a potential Hermes copper
butterfly predator (Evans 2010 attachment, p. 8).
Evaluation of Information Provided in the Petition and Available in
Service Files
Faulkner and Klein (2005, p. 26) state that no documentation exists
of parasitism or predation on Hermes copper butterfly, and we have no
information in our files that suggests parasitism or predation is a
threat to the species' existence. The petitioner did not provide
information to support the hypothesis that predation or parasitism may
exacerbate population reduction as result of fire or any specific
information that ``Ladybird beetles'' may be a significant predator,
and we have no information in our files to support either of these
claims.
After a review of information in our files and in the petition, we
do not find substantial information to indicate that listing Hermes
copper butterfly may be warranted due to disease or predation. However,
we will further investigate the potential threat of disease and
predation in our status review for this species.
D. The Inadequacy of Existing Regulatory Mechanisms
The petition states very few regulatory mechanisms are in place
that afford Hermes copper butterfly conservation; however, the
petitioner states the following mechanisms may provide some
conservation:
(1) The California Environmental Quality Act (CEQA);
(2) National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et
seq.);
(3) U.S. Forest Service management;
(4) San Diego Multiple Species Conservation Plan (MSCP);
(5) Biological Mitigation Ordinance (BMO);
(6) County of San Diego Resource Protection Ordinance (RPO); and
(7) City and County of San Diego open space parks.
The petitioner states that although the measures listed above
exist, they have not proven effective in reducing what the petitioner
believes are the primary threats to Hermes copper butterfly survival
(urban development, wildfire, and habitat degradation).
California Environmental Quality (CEQA) and National Environmental
Policy Acts (NEPA)
Information Provided in the Petition
The petitioner claims the Service has previously provided extensive
discussion of the inadequacy of 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 did not provide
information regarding NEPA.
Evaluation of Information Provided in the Petition and Available in
Service Files
CEQA and NEPA provide some protection for Hermes copper butterfly.
CEQA (Public Resources Code, Sections 21000-21178, and Title 14 CCR,
Section 753, and Sections 15000-15387) 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 and impose mitigation measures to reduce project impacts to a
less than significant level unless the agency makes a finding of
overriding consideration. Through this process, CEQA ensures that
proposed project effects on Hermes copper butterflies will be
considered and, generally, reduced or mitigated. NEPA requires Federal
agencies to disclose the significant impacts of a proposed action but
does not require that such impacts be
[[Page 23660]]
reduced to a level of insignificance. These statutes provide some
protection for Hermes copper butterfly and its habitat.
U.S. Forest Service (USFS) Management
Information Provided in the Petition
The petitioner claims U.S. Forest Service regulations and
management activities appear to provide few protections to Hermes
copper butterfly. The petitioner states that, aside from monitoring
survey results by others, there is no indication that the Cleveland
National Forest (CNF) is engaged in the conservation of Hermes copper
butterfly. Additionally, the petitioner states that Hermes copper
butterfly is not recognized as a ``sensitive species'' by the U.S.
Forest Service, which would provide monitoring efforts to track the
species' status and some protection from harmful projects. However, the
petitioner states that even if the U.S. Forest Service recognized
Hermes copper butterfly as a ``sensitive species,'' proactive
conservation activities would not be implemented until the species
receives protection from the Act.
Evaluation of Information Provided in the Petition and Available in
Service Files
Information in our files does support the petitioner's claim that
inadequacy of U.S. Forest Service management may be a contributing
factor impacting the survival of the Hermes copper butterfly. According
to the 2005 LRMP currently in place for CNF, Hermes copper butterfly is
considered an animal species-at-risk by U.S. Forest Service but is not
currently recognized as a ``sensitive species'' by the U.S. Forest
Service. Because the butterfly is not currently identified as a
``sensitive species,'' preventative measures by the U.S. Forest Service
to avoid impacts from development, excessive wildfire often as a result
of development projects, and habitat fragmentation (see Factor A
discussion) to Hermes copper butterflies or their habitat are not
required. However, information in our files indicates that the U.S.
Forest Service is taking some management actions to protect and
conserve this species. The following management efforts are being
implemented or are planned on U.S. Forest Service lands leading to the
conservation and protection of Hermes copper butterfly:
(1) All historical locations have been surveyed;
(2) Re-vegetation of Eriogonum fasciculatum (California buckwheat),
an important nectar source, is planned for the Barber Mountain area
where most of this nectar source was burned in the 2007 fire; and
(3) The Sunrise Powerlink project was modified to protect remaining
Hermes copper butterfly habitat on Barber Mountain (Winter 2009, pers.
comm.).
The ``sensitive species'' list is currently being updated by U.S.
Forest Service and will likely include Hermes copper butterfly (Winter
2009, pers. comm.); however, this is a future action that is not
certain.
In summary, although U.S. Forest Service has undertaken or is
planning some preventative measures to avoid impacts to Hermes copper
butterfly and its habitat, the failure of the CNF to identify Hermes
copper butterfly as a sensitive species under its LRMP suggests that
current regulation may not be adequate to protect the species and its
habitat from future development, related impacts, such as habitat loss,
(fragmentation and excessive wildfire), and similar impacts resulting
for the maintenance of existing facilities and roads on U.S. Forest
Service lands. The conservation measures and preventative actions
listed above that the U.S. Forest Service has implemented or is
planning to implement on the CNF are not required and do not prohibit
activities that may impact Hermes copper butterfly or its habitat.
San Diego Multiple Species Conservation Plan (MSCP), the Biological
Mitigation Ordinance, and the County of San Diego Resource Protection
Ordinance
Information Provided in the Petition
The petitioner states that:
(1) Hermes copper butterfly is not recognized as a ``covered
species'' under the County of San Diego's Subarea Plan under the MSCP
(MSCP 1998);
(2) The MSCP cannot provide the necessary management to benefit the
species because no species-specific management is planned, described,
or required; and
(3) The MSCP can benefit Hermes copper butterfly only in the event
of collaterally beneficial conservation activities for other species
and habitats.
The petitioner claims the informal treatment of Hermes copper
butterfly by the MSCP provides few conservation benefits. The
petitioner also states that the MSCP identifies only three sites where
the butterfly occurs in the Metro-Lakeside-Jamul Segment of the County
of San Diego Subarea Plan. The petitioner claims that conservation
under the County of San Diego Subarea Plan is presumably provided under
the Biological Mitigation Ordinance (BMO) that applies to more species
than those covered under MSCP, and establishes mitigation ratios and
conditions for impacted species within the County. However, the
petitioner states that the BMO only protects those ``non-covered''
species if they are inside the County of San Diego Subarea Plan's
Biological Resources Core Areas, and even then, the County of San Diego
Subarea Plan does not require avoidance of important Hermes copper
butterfly populations, habitat, or dispersal corridors. Moreover, the
BMO would not improve the species' status. The petitioners also claim
the County of San Diego Resource Protection Ordinance (RPO), which
imposes controls on development of wetlands, floodplains, steep slopes,
sensitive biological habitats, and historical sites outside the
boundaries of the County of San Diego Subarea Plan, does not directly
protect species or impose any species-specific management efforts.
Rather, the RPO attempts to minimize the impacts of urban development
on habitat. The petition states that the County of San Diego asserts
these regulatory measures will still contribute to conservation of the
Hermes copper butterfly; however, the petitioner noted that the County
of San Diego Subarea Plan provides only inadvertent protection to the
species, which the petitioner believes is insufficient.
Evaluation of Information Provided in the Petition and Available in
Service Files
Information in our files indicates that Hermes copper butterfly is
not a ``covered species'' under the County of San Diego Subarea Plan
(Service 1998, p. 2). Although not a ``covered species'' under the
plan, the Hermes copper butterfly and its habitat receive some indirect
protection through land use restrictions applicable to lands within the
County of San Diego under the BMO (in effect since 2004) and the RPO.
The BMO, which applies to areas in the county covered by the County's
approved MSCP Subarea Plan, implements preserve design criteria for
urban development and provides for conservation of sensitive biological
habitats, such as chaparral, coastal sage scrub, and woodland, by
establishing mitigation ratios and project development conditions.
Therefore, the BMO may provide some protection and mitigation for
larval and adult habitat for the Hermes copper butterfly within the
County of San Diego MSCP Subarea Plan to the extent that habitat occurs
within sensitive biological habitats regulated by the BML. The RPO,
which applies to the entire County of San Diego (and not solely outside
the
[[Page 23661]]
boundaries of the MSCP as stated in the petition), provides protection
and requires mitigation for impacts to Hermes copper butterfly habitat
that is deemed sensitive habitat land or occurs on steep slopes. The
County of San Diego Guidelines for Determining Significance and Report
Format and Content Requirements for Biological Resources (County of San
Diego 2009, p. 7) includes guidance that habitat occupied by Hermes
copper butterfly should be considered sensitive, thus triggering
species-based mitigation and avoidance to the maximum extent possible
under the RPO. Hermes copper butterfly is included on the County's
Group 1 Sensitive Animals List because it is considered a rare endemic
species and is on the State of California's special animal taxa list
(County of San Diego 2009, p. 50; CDFG 2009). Therefore, the MSCP, BMO,
and RPO provide variable protection to the Hermes copper butterfly
habitat depending on the specific regulatory mechanism and habitat
location.
City of San Diego and County of San Diego Open Space Parks
Information Provided in the Petition
The petition states that remaining Hermes copper butterfly
populations are not necessarily protected from edge effects, wildfire,
or potential park development by the nature of their location on the
following open space park lands managed by the City or County of San
Diego: Mission Trails Regional Park, McGinty Mountain, and Black
Mountain. The petitioner claims Hermes copper butterfly cannot directly
benefit from these open spaces without formal protection.
Evaluation of Information Provided in the Petition and Available in
Service Files
Information in our files does not support the petitioner's claim
that lack of specific management plans or area-specific management
directives for open space parks threatens the persistence of Hermes
copper butterfly. Furthermore, McGinty Mountain is part of the San
Diego National Wildlife Refuge and is not managed by the City or County
of San Diego. Although there are no formal management plans in our
files written by the City or County of San Diego for these specific
parks, it appears Hermes copper butterfly is persisting at all three
locations listed in the petition. Information in our files indicates
that:
(1) Hermes copper butterfly has been observed historically at
Mission Trails Regional Park since the late 1950s through current
surveys in 2009;
(2) Observations at McGinty Mountain were first reported in the
1980s and the butterfly has been repeatedly observed since; and
(3) The City of San Diego's website on the Black Mountain Open
Space Park states that all plants and animals found within the park are
protected and must not be harmed or removed (City of San Diego 2009);
Hermes copper butterflies were observed on Black Mountain in 2004.
There are few known occurrences of Hermes copper butterflies in
City or County open space parks. Although there is no formal regulation
or management specifically for Hermes copper butterflies on these
lands, we are not aware of any evidence to suggest that the absence of
such regulation and management poses a threat to the Hermes copper
butterfly or its habitat.
In summary, we have evaluated the petition and information in our
files and find substantial information exists to indicate that listing
the Hermes butterfly may be warranted because existing regulatory
mechanisms may not adequately address the threats of habitat loss and
fragmentation posed by development related impacts, including human-
induced, excessive wildfire (see Factor A discussion). The regulatory
mechanisms discussed above provide a patchwork of protection for Hermes
copper butterfly and its habitat; however, the cumulative protection
provided by these mechanisms may not adequately remove the threat of
habitat loss and fragmentation resulting from development. We do not
believe that the observed increase in frequency of natural wildfires
recently observed in Hermes butterfly habitat is a threat amenable to
reduction or elimination by regulatory mechanisms. However, we will
further investigate the effectiveness of existing regulatory mechanisms
to protect the Hermes copper butterfly and its habitat from wildfire
and other potential threats in our status review of the species.
E. Other Natural or Manmade Factors Affecting the Species' Continued
Existence
The petition, its appendices, and referenced documents discuss the
following threats that are grouped under Factor E: wildfire,
vulnerability of small and isolated populations, and global climate
change.
Mortality Due to Wildfire
Information Provided in the Petition
The petitioner states that the Hermes copper butterfly cannot
escape fire. The petitioner states that: (1) Pupae and larvae are
likely killed when fire burns Rhamnus crocea and other nearby coastal
sage scrub or chaparral vegetation; (2) adults are likely killed by
fire due to their habit of remaining close to their host plant; and (3)
adults are likely outpaced by an approaching fire. The petition claims
excessive fires over the last several decades have reduced Hermes
copper butterfly population numbers and disrupted metapopulation
dynamics and stability.
Evaluation of Information Provided in the Petition and Available in
Service Files
Fire causes direct mortality of Hermes copper butterflies, and is
reported to have extirpated a population in habitat where they were not
observed again until 18 years after the fire (Faulkner and Klein 2005,
pp. 24-26). The persistence of Hermes copper butterfly after the 2003
fires was at first questioned because much of the fire footprint
appeared to cover known locations occupied by the species (Betzler et
al. 2003, p. 12). However, information in our files indicates Hermes
copper butterfly persisted in reduced numbers at sites within the 2003
and 2007 fire footprints (such as Mission Trails Regional Park,
Wildwood Glen Lane in CNF, Barber Mountain, and Potrero Road). Given
the described negative impacts of fire on Hermes copper butterfly
populations (Faulkner and Klein 2005, pp. 24-26), it is likely the
species' existence is threatened by wildfires. Additional surveys and
monitoring are needed to determine the survival and recolonization rate
following fire to address the petitioner's claim of a direct mortality
extinction threat due to high fire frequency. After reviewing the
petition and information in our files, we find substantial information
exists indicating that listing the Hermes copper butterfly may be
warranted due to the threat of mortality from wildfire.
Vulnerability of Small and Isolated Populations
Information Provided in the Petition
The petitioner asserts that endemic taxa such as Hermes copper
butterfly are considered more prone to extinction than widespread
species due to their restricted geographical range and that population
isolation is exacerbated by habitat fragmentation (see Factor A above
for discussion of habitat fragmentation). According to the petition,
the common factors that increase the vulnerability of small and
isolated populations to extinction are demographic fluctuations,
[[Page 23662]]
environmental stochasticity (random events), and reduced genetic
diversity.
Evaluation of Information Provided in the Petition and Available in
Service Files
Small population size, a low number of populations, or population
isolation are not necessarily factors that may threaten a species
independently. Typically, it is the combination of small size and
number and isolation of populations in conjunction with other threats
(such as the present or threatened destruction, modification, or
curtailment of the species' habitat or range) that may significantly
increase the probability of species' extinction.
Information in our files indicates large annual fluctuations in
observed abundance of adult butterflies are common throughout this
butterfly's range. Adult butterfly abundance may fluctuate
approximately two orders of magnitude from one year to the next and may
be correlated with rainfall levels (Klein and Faulkner 2003, p. 96);
however, it is not clear how adult observations correlate with
abundance of all life stages, including diapausing (quiescent) stages.
Also, much uncertainty exists regarding the species' distribution
because the range of its host plant, Rhamnus crocea, extends well
beyond the known range of the butterfly and surveys have not been
conducted throughout the host plant's range (especially inland San
Diego County and northwestern Baja California, Mexico).
Population isolation and fragmentation may render smaller
populations more vulnerable to stochastic extirpation. Small
populations and isolation could also subject the butterfly to genetic
drift and restricted gene flow that may decrease genetic variability
over time and could adversely affect species' viability (Allee 1931,
pp. 12-37; Stephens et al. 1999, pp. 185-190; Dennis 2002, pp. 389-
401). Information in our files indicates that reduced adult Hermes
copper butterfly densities are present in burned areas (see Factor A
discussion on Wildfire) and new occurrences (such as at Potrero Road,
north Lyons Valley, and west Japatul Valley) have been documented after
the 2003 and 2007 fires. Sufficient distribution, population structure,
genetic, or demographic information about the species to determine the
effect of isolation and small population size is currently unavailable.
However, information in our files indicates that the habitat area and
range that the species inhabits have been reduced and fragmented and
the status of some historical occurrences remains unknown after recent
fires; therefore, stochastic extinction as a result of restricted
geographical range or population isolation may pose a significant
threat to the species.
Global Climate Change
Information Provided in the Petition
The petitioner asserts that butterflies (in general) are threatened
by global climate change and are specifically sensitive to small
changes in microclimate, such as fluctuations in moisture, temperature,
or sunlight. According to the petition, studies of Edith's checkerspot
butterfly (Euphydryas editha) have shown that whole ecosystems may move
northward or shift in elevation as the Earth's climate warms (Parmesan
and Galbraith 2004, p. 9).
Evaluation of Information Provided in the Petition and Available in
Service Files
We recognize recent evaluations by Parmesan and Galbraith (2004,
pp. 1-2, 29-33) that indicate that whole ecosystems may be shifting
northward and upward in elevation, or are otherwise being altered by
differing climate tolerance among species within a community.
Additionally, we recognize that climate change is likely to cause
changes in the arrangement and community composition of occupied
habitat patches. Current climate change predictions for terrestrial
areas in the Northern Hemisphere indicate warmer air temperatures, more
intense precipitation events, and increased summer continental drying
(Field et al. 1999, pp. 1-3; Hayhoe et al. 2004, p. 12422; Cayan et al.
2005, p. 6; Intergovernmental Panel on Climate Change (IPCC) 2007, p.
11). However, predictions of climatic conditions for smaller
subregions, such as California, remain less certain. Thus, the
information currently available in our files on the effects of global
climate change, such as increasing temperatures or moisture, require
further analysis and comparison with local climate models and other
literature to make sufficiently certain estimates of the likely
magnitude of predicted effects on Hermes copper butterfly. Given the
current uncertainty, we find that information in our files does not
provide substantial information suggesting that global climate change
may be a factor that threatens Hermes copper butterfly. We will further
investigate this potential threat to Hermes copper butterfly in our
status review of the species.
In summary, we find the petition and information in our files
provide substantial information indicating that listing Hermes copper
butterfly may be warranted due to other natural or manmade factors
affecting the species' continued existence. Specifically, we find that
mortality due to wildfire and restricted geographical range or
population isolation may pose significant threats to the species.
Finding
On the basis of our determination under section 4(b)(3)(A) of the
Act, we determine that the petition presents substantial scientific or
commercial information indicating that listing the Hermes copper
butterfly may be warranted. This finding is based on information
provided under Factor A (present or threatened destruction,
modification, or curtailment of the species' habitat or range), Factor
D (the inadequacy of existing regulatory mechanisms), and Factor E
(other natural or manmade factors affecting the species' continued
existence). Because we find that the petition presents substantial
information indicating that listing the Hermes copper butterfly may be
warranted, we are initiating a status review to determine whether
listing the Hermes copper butterfly under the Act is warranted.
The ``substantial information'' standard for a 90-day finding
differs from the Act's ``best scientific and commercial data'' standard
that applies to a status review to determine whether a petitioned
action is warranted. A 90-day finding does not constitute a status
review under the Act. In a 12-month finding, we will determine whether
a petitioned action is warranted after we have completed a thorough
status review of the species, which is conducted following a
substantial 90-day finding. Because the Act's standards for 90-day and
12-month findings are different, as described above, a substantial 90-
day finding does not mean that the 12-month finding will result in a
warranted finding.
The petitioner requested that critical habitat be designated for
this species. If we determine in our 12-month finding that listing
Hermes copper butterfly is warranted, we will address the designation
of critical habitat at the time of the proposed rulemaking. The
proposed rulemaking may be published concurrently with the 12-month
finding or at a later date.
References Cited
A complete list of references cited is available on the Internet at
http://www.regulations.gov and upon request from the Carlsbad Fish and
Wildlife
[[Page 23663]]
Office (see FOR FURTHER INFORMATION CONTACT).
Author
The primary authors of this notice are staff members of the
Carlsbad Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: April 19, 2010.
Daniel M. Ashe,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2010-10317 Filed 5-3-10; 8:45 am]
BILLING CODE 4310-55-S