[Federal Register: August 22, 2007 (Volume 72, Number 162)]
[Proposed Rules]
[Page 48177-48218]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au07-42]
[[Page 48177]]
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Part III
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Designation of Critical
Habitat for the Bay Checkerspot Butterfly (Euphydryas editha bayensis);
Proposed Rule
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AV24
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for the Bay Checkerspot Butterfly (Euphydryas editha
bayensis)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
revise currently designated critical habitat for the bay checkerspot
butterfly (Euphydryas editha bayensis) under the Endangered Species Act
of 1973, as amended (Act). In total, approximately 19,746 acres (ac)
(7,990 hectares (ha)) fall within the boundaries of the proposed
revised critical habitat designation. The proposed revision to critical
habitat is located in San Mateo and Santa Clara Counties, California.
DATES: We will accept comments from all interested parties until
October 22, 2007. We must receive requests for public hearings, in
writing, at the address shown in the ADDRESSES section by October 9,
2007.
ADDRESSES: If you wish to comment on this proposed rule, you may submit
your comments and materials concerning this proposal by any one of
several methods:
1. You may mail or hand-deliver written comments and information to
Susan Moore, Field Supervisor, U.S. Fish and Wildlife Service,
Sacramento Fish and Wildlife Office, 2800 Cottage Way, Room W-2605,
Sacramento, CA 95825.
2. You may send comments by electronic mail (e-mail) to
bcb_pch@fws.gov. Please see the Public Comments Solicited section below for
file format and other information about electronic filing.
3. You may fax your comments to the attention of Susan Moore, Field
Supervisor at 916-414-6712.
4. You may go to the Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Comments and materials received, as well as supporting
documentation used in the preparation of this proposed rule, will be
available for public inspection, by appointment, during normal business
hours at the Sacramento Fish and Wildlife Office, 2800 Cottage Way,
Room W-2605, Sacramento, CA 95825 (telephone 916-414-6600).
FOR FURTHER INFORMATION CONTACT: Field Supervisor, Sacramento Fish and
Wildlife Office, 2800 Cottage Way, Room W-2605, Sacramento, CA 95825;
telephone 916-414-6600; facsimile 916-414-6712. Persons who use a
telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We intend that any final action resulting from this proposal to
revise the critical habitat designation for the bay checkerspot
butterfly will be as accurate and as effective as possible. Therefore,
we request comments or suggestions from the public, other concerned
governmental agencies, the scientific community, industry, or any other
interested party on this proposed rule. We particularly seek comments
concerning:
(1) The reasons why we should or should not designate habitat as
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et
seq.), including whether there are areas we previously designated, but
are not proposing for revised designation here, that should be
designated as critical habitat.
(2) Specific information on the amount and distribution of bay
checkerspot butterfly habitat.
(3) Specific information whether the features we have proposed as
essential for the conservation of the species (Primary Constituent
Elements) are adequate, and if not, what alternatives should be
considered (see also item (13)).
(4) The reason why any areas that were occupied at the time of
listing and that contain the features that are essential for the
conservation of the species should or should not be included in the
designation.
(5) The reason why any areas that were not occupied at the listing
may be essential to the conservation of the species, and why such areas
should or should not be designated as critical habitat.
(6) Specific information on dispersal areas important for habitat
connectivity, in particular areas between Units 1 and 2 and between
Unit 4 and the Santa Clara County Units, their role in the conservation
and recovery of the species, and reasons why such areas should or
should not be included in the critical habitat designation.
(7) Land use designations and current or planned activities in the
subject areas and their possible impacts on proposed revised critical
habitat.
(8) Any foreseeable economic, national security, or other potential
impacts resulting from the proposed designation and, in particular, any
impacts on small entities.
(9) Whether our approach to designating critical habitat could be
improved or modified in any way to provide for greater public
participation and understanding, or to assist us in accommodating
public concerns and comments.
(10) Specific comments regarding occupancy and habitat quality of
the proposed Pulgas Ridge Unit 2.
(11) The relative benefits of designation or exclusion of any lands
from proposed revised critical habitat such as Habitat Conservation
Plans (HCPs), Safe Harbor Agreements (SHA), or other areas that have
management plans in place that provide for bay checkerspot butterfly
conservation. We especially seek specific comments regarding the
potential exclusion of areas within the final San Bruno Mountain HCP
(proposed Unit 1), and areas within the planned Stanford HCP (proposed
Unit 4), and the Santa Clara County HCP (proposed Units 5-12).
(12) Specific comments regarding population sizes of the bay
checkerspot butterfly within those areas proposed for designation as
revised critical habitat.
(13) Specific documentation regarding the use of water sources by
the bay checkerspot butterfly, particularly to support or refute our
proposed primary constituent element of water features (Primary
Constituent Element 4), and whether water sources are essential for the
conservation of the subspecies.
You may submit your comments and materials concerning this proposal
by any one of several methods (see ADDRESSES). If you use e-mail to
submit your comments, please include ``Attn: [species]'' in your e-mail
subject header, preferably with, your name and return address in the
body of your message. If you do not receive a confirmation from the
system that we have received your e-mail, contact us directly by
calling our Sacramento Fish and Wildlife Office at 916-414-6600. Please
note that we must receive comments by the date specified in the DATES
section in order to consider them in our final determination and that
the e-mail address bcb_pch@fws.gov will be closed out at the
termination of the public comment period.
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you may
ask us to withhold your personal identifying information from
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public review, we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection, by appointment, during normal business
hours at the Sacramento Fish and Wildlife Office, 2800 Cottage Way,
Room W-2605, Sacramento, CA 95825 (telephone 916-414-6600).
Background
It is our intent to discuss only those topics directly relevant to
the designation of critical habitat in this proposed rule. For more
information on the bay checkerspot butterfly, refer to the listing rule
and previous determination of critical habitat published in the Federal
Register on September 18, 1987 (52 FR 35366) and April 30, 2001 (66 FR
21450), respectively.
The September 18, 1987, final listing rule (52 FR 35366) described
the bay checkerspot butterfly as occupying seven areas in San Mateo and
Santa Clara counties: (1) San Bruno Mountain; (2) Pulgas Ridge; (3)
Edgewood Park; (4) Jasper Ridge; (5) Coyote Ridge (referred to in the
listing rule as a portion of the east face of Coyote Creek Valley
between Metcalf Road and the Anderson Lake outlet); (6) Calero
Reservoir; and (7) San Martin. Subsequent to listing, five additional
populations were identified: (1) Tulare Hill; (2) Santa Teresa Hills;
(3) Kalana Hills; (4) Morgan Hill; and (5) Bear Ranch. Of these
additional populations, four will be considered occupied at the time of
listing because they were known from published literature at the time
of listing, but they were not specifically mentioned in the listing
rule. The fifth population (Bear Ranch) was mentioned in the listing
rule as extirpated; however, in 1994 thousands of bay checkerspot
butterflies were observed at this location (CNDDB 2006 p. 15). In
addition to the locations known at the time of listing, the subspecies
was historically known from near Berkeley, California; at Joaquin
Miller Park in Alameda County; in San Francisco County from Twin Peaks
and Mount Davidson; and in Contra Costa County near Morgan Territory
Road (Murphy and Ehrlich 1980, p. 318). However, these populations
disappeared as a result of a variety of factors including highway and
subdivision construction, drought, overgrazing, and invasion of
nonnative plants (Murphy and Ehrlich 1980, p. 319).
Distribution and Population Trends
The population size of the bay checkerspot butterfly is primarily
determined by the survival rate of prediapause larvae (Singer 1972, p.
77; Weiss et al. 1988, p. 1486). Prediapause larva experience mortality
rates upwards of 95 percent (Murphy 1988, p. 46; Weiss et al. 1988, p.
1487; Cushman et al. 1994, p. 198; Murphy et al. 2004, p. 26). Larval
survivorship is dependent upon the timing of host plant senescence,
which in turn is dependent on environmental conditions such as
rainfall. Rainfall in the San Francisco Bay area is known to vary
dramatically (Weiss et al. 1988, p. 1495). The further a particular
location is from another, the greater the likelihood each will receive
dramatically different rainfall, so plants in areas that experience the
same environmental conditions (i.e., those in close proximity and on
similar topography) would result in larvae in those locations likely
experiencing the same fate.
Since listing in 1987, the distribution and population size of the
bay checkerspot butterfly has changed substantially. In San Mateo
County, the subspecies' population numbers have declined dramatically.
The populations at San Bruno Mountain, Pulgas Ridge, and Jasper Ridge
have not been detected in limited surveys, and reintroduction efforts
were initiated at Edgewood Park to ensure the San Mateo County
populations remain viable. Approximately 1,000 postdiapause larvae were
reintroduced to Edgewood Park in February and March 2007. Prior to
reintroductions between February and March 2007, the bay checkerspot
butterfly had not been observed at Edgewood Park since 2002 (CNDDB
2006). Limited surveys on a small southeastern portion of Pulgas Ridge,
dated 1989-1993 and 1994, failed to detect any individual bay
checkerspot butterflies (CNDDB 2007). However, these surveys covered
only a small portion of the available habitat that was historically
occupied.
In Santa Clara County, population trends for the bay checkerspot
butterfly are only available for portions of Coyote Ridge (identified
as units 8, 10, 11, and 12 in the 2001 designation (66 FR 21450)),
Tulare Hill, and Bear Ranch. On Coyote Ridge, south of Metcalf Road
(2001 unit 8) bay checkerspot butterfly numbers increased from
approximately 20,000 individuals in 1997 to 700,000 individuals in
2004, but fell to approximately 100,000 individuals in 2005 (Weiss
2006, p. 1). On Coyote Ridge, north of Metcalf Road (2001 unit 10), bay
checkerspot butterfly numbers increased from approximately 200,000 in
2000 to 400,000 in 2004, but then declined to 45,000 in 2006 (Weiss
2006, p. 1).
Larval estimates from Silver Creek Hills (2001 unit 12), also on
Coyote Ridge, increased from 75,000 in 1992 to 128,000 in 1993, but
then fell to an estimated 58,000 in 1994 following the removal of
grazing from portions of the area (Weiss 1996, p. 93; Weiss 1999, p.
1480), and no larvae or adults were observed in 1998 (Weiss 1999, p.
1480). Annual surveys at Silver Creek Hills since the construction of a
residential subdivision and reintroduction of grazing over portions of
the area in 2000-2001, showed a slight increase from a low of 11 adults
in 2001 to 51 in 2005 (WRA 2006, p. 10). Forty adult bay checkerspot
butterflies were observed in the Silver Creek Hills area in 2006, but
no larvae were observed (WRA 2006, p. 10).
Post-diapause larvae on Tulare Hill (2001 unit 15) numbered
approximately 2,000 individuals in 2002; the population declined
significantly in 2003, with only 1 post-diapause larvae observed (CH2M
Hill 2004, p. 8-6). Five adult bay checkerspot butterflies were
observed on Tulare Hill in 2004 (CH2M Hill 2005, p. 8-2). According to
Weiss (2007, p. 1), based on the number of individuals observed on
Tulare Hill in 2004, the population size was estimated at approximately
100 individuals. Seven adult bay checkerspot butterflies were observed
on Tulare Hill in 2005; however, no post-diapause larvae were observed
(CH2M Hill 2006, p. 8-2).
According to California Natural Diversity Database CNDDB (2006)
records, thousands of adult bay checkerspot butterflies were observed
at Bear Ranch in 1994, 6 adults were observed in 1997, and 1 adult was
observed in 1999. The Service is unaware of any other surveys regarding
the status of the subspecies within this unit.
Population Dynamics
Studies of the bay checkerspot butterfly's population dynamics
characterize it as having a metapopulation dynamic. These studies were
influential in the formulation of the metapopulation concept (Ehrlich
et al. 1975, pp. 221-228; Harrison 1994, pp. 111-128). A metapopulation
is a group of spatially distinct populations that can occasionally
exchange dispersing individuals. The populations in a metapopulation
are usually thought of as having interdependent extinction and
colonization processes, where individual populations may be extirpated
from a local area and later be
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recolonized from another population that is still extant. The frequency
of local extirpation and time until recolonization vary widely from
population to population, depending on numerous demographic and
environmental factors, such as the size and quality of the habitat,
distance from other populations, size of other populations, mobility of
the species, and weather. At the time of listing, two metapopulations
were known to occur; one in San Mateo County and the other in Santa
Clara County.
The current bay checkerspot butterfly range is much reduced, and
the butterfly is patchily distributed. Because it occurs as a
metapopulation, the exact distribution of the butterfly varies through
time: Sites that are unoccupied one year may be occupied the next, and
vice versa (Wilcox and Murphy 1985, p. 882; Harrison 1994, p. 114).
Previous Federal Actions
For information on previous Federal actions concerning the bay
checkerspot butterfly, refer to the final listing rule published in the
Federal Register on September 18, 1987 (52 FR 35366), and the
designation of critical habitat published in the Federal Register on
April 30, 2001 (66 FR 21450). On September 30, 1998, we published a
recovery plan for Serpentine Soil Species of the San Francisco Bay Area
that included the bay checkerspot butterfly. On April 30, 2001, we
designated critical habitat on approximately 23,903 acres (9,673
hectares) of land in San Mateo and Santa Clara Counties, California. On
March 30, 2005, the Home Builders Association of Northern California
filed suit against the Service challenging critical habitat for bay
checkerspot butterfly and other species (Home Builders Association of
Northern California v. U.S. Fish and Wildlife Service cv-01363-LKK-
JFM.) On February 24, 2006, a settlement agreement was reached that
requires the Service to reevaluate the final critical habitat rule in
light of the standards for designating critical habitat set forth in
Home Builders Association of Northern California v. U.S. Fish and
Wildlife Service, 268 F. Supp. 2d 1197 (E.D. Cal 2002) and any other
applicable law. As a result, we propose revisions to the rule. The
settlement stipulated that any proposed revisions to the bay
checkerspot butterfly designation be submitted to the Federal Register
for publication on or before August 14, 2007.
Critical Habitat
Critical habitat is defined in section 3 of the Act as: (i) The
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) that may require special management
considerations or protection; and (ii) specific areas outside the
geographical area occupied by a species at the time it is listed, upon
a determination that such areas are essential for the conservation of
the species.
Conservation, as defined under section 3 of the Act, means the use
of all methods and procedures that are necessary to bring any
endangered species or threatened species to the point at which the
measures provided under the Act are no longer necessary.
Critical habitat receives protection under section 7 of the Act
through the prohibition against Federal agencies carrying out, funding,
or authorizing the destruction or adverse modification of critical
habitat. Section 7 of the Act requires consultation on Federal actions
that may affect critical habitat. The designation of critical habitat
does not affect land ownership or establish a refuge, wilderness,
reserve, preserve, or other conservation area. Such designation does
not allow government or public access to private lands. Section 7 of
the Act is a purely protective measure and does not require
implementation of restoration, recovery, or enhancement measures.
For inclusion in a critical habitat designation, habitat within the
geographical area occupied by the species at time of listing must first
have features that are essential to the conservation of the species.
Critical habitat designations identify, to the extent known using the
best scientific data available, habitat areas that provide essential
life cycle needs of the species (areas on which are found the primary
constituent elements, as defined at 50 CFR 424.12(b)).
Occupied habitat that contains the features essential to the
conservation of the species meets the definition of critical habitat
only if its essential features may require special management
considerations or protection.
We can designate unoccupied areas as critical habitat. However,
when the best available scientific data do not demonstrate that the
conservation needs of the species require additional areas, we will not
designate critical habitat in areas outside the geographical area
occupied by the species.
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific and commercial data available.
Further, our Policy on Information Standards Under the Endangered
Species Act (published in the Federal Register on July 1, 1994 (59 FR
34271)), the Information Quality Act (section 515 of the Treasury and
General Government Appropriations Act for Fiscal Year 2001 (Pub. L.
106-554; H.R. 5658) and our associated Information Quality Guidelines,
provide criteria, establish procedures, and provide guidance to ensure
that our designation represent the best scientific data available. They
require our biologists, to the extent consistent with the Act and with
the use of the best scientific data available, to use primary and
original sources of information as the basis for recommendations to
designate critical habitat. When we are determining which areas to
propose as critical habitat, our primary source of information is
generally the listing package for the species. Additional information
sources may include the recovery plan for the species, articles in
peer-reviewed journals, conservation plans developed by States and
counties, scientific status surveys and studies, biological
assessments, or other unpublished materials and expert opinion or
personal knowledge.
Habitat is often dynamic, and species may move from one area to
another over time. Furthermore, we recognize that designation of
critical habitat may not include all habitat areas that we may
eventually determine are necessary for the recovery of the species. For
these reasons, a critical habitat designation does not signal that
habitat outside the designated area is unimportant or may not be
required for recovery.
Areas that support populations of the bay checkerspot butterfly,
but are outside the critical habitat designation, will continue to be
subject to conservation actions we implement under section 7(a)(1) of
the Act. They are also subject to the regulatory protections afforded
by the section 7(a)(2) jeopardy standard, as determined on the basis of
the best available information at the time of the agency action.
Federally funded or permitted projects affecting listed species outside
their designated critical habitat areas may still result in jeopardy
findings in some cases. Similarly, critical habitat designations made
on the basis of the best available information at the time of
designation will not control the direction and substance of future
recovery plans, habitat conservation
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plans (HCPs), or other species conservation planning efforts if new
information available to these planning efforts calls for a different
outcome.
Methods
As required by section 4(b) of the Act, we used the best scientific
data available in determining areas that contain the features essential
to the conservation of the bay checkerspot butterfly, and areas
unoccupied at the time of listing that are essential to the
conservation of the bay checkerspot butterfly or both. This includes
information used to prepare the 2001 designation of critical habitat
(66 FR 21450), the Recovery Plan for Serpentine Soil Species of the San
Francisco Bay Area, the CNDDB, published and unpublished papers,
reports, academic theses and surveys, Geographic Information System
(GIS) data (such as species occurrence, soil data, land use,
topography, and ownership maps), correspondence to the Service from
recognized experts, and other information as available.
We have also reviewed available information that pertains to the
habitat requirements of this species including:
Data in reports submitted during section 7 consultations
and submitted by biologists holding section 10(a)(1)(A) recovery
permits;
Research published in peer-reviewed articles and presented
in academic theses and agency reports;
Information from species experts; and
Information gathered during site visits to bay checkerspot
butterfly habitat in Santa Clara County.
Primary Constituent Elements
In accordance with section 3(5)(A)(i) of the Act and regulations at
50 CFR 424.12, in determining which areas to propose as revised
critical habitat within areas occupied by the species at the time of
listing, we consider the primary constituent elements (PCEs) to be
those physical and biological features that are essential to the
conservation of the species and that may require special management
considerations and protection. These include, but are not limited to,
space for individual and population growth and for normal behavior;
food, water, air, light, minerals, or other nutritional or
physiological requirements; cover or shelter; sites for breeding,
reproduction, and rearing (or development) of offspring; and habitats
that are protected from disturbance or are representative of the
historic geographical and ecological distributions of a species.
The specific PCEs required for the bay checkerspot butterfly are
derived from the biological needs of the bay checkerspot butterfly as
described in the Background sections of this proposal and in the final
listing rule published in the Federal Register on September 18, 1987
(52 FR 35366).
Space for Individual and Population Growth and for Normal Behavior
The bay checkerspot butterfly occurs in open grassland habitats of
the San Francisco Bay in Santa Clara and San Mateo counties. Prior to
European settlement, California grasslands are believed to have been
comprised of perennial bunchgrasses with both annual and perennial
forbs (Jackson 1985, p. 349; Huenneke et al. 1990, p. 478; Corbin and
D'Antonio 2004, p. 1273). Today, grassland habitats in California are
almost entirely composed of Eurasian annual grasses and forbs (Jackson
1985, p. 349; Huenneke et al. 1990, p. 478; Seabloom et al. 2003, p.
13384; Malmstrom et al. 2005, p. 154) where classical succession does
not occur (Huenneke et al. 1990, p. 478; Kie 2005, p. 2). Plant density
in nonnative grasslands is extremely high compared to plant density in
native grasslands (Malmstrom et al. 2005, p. 154). Dyer and Rice (1997,
pp. 484, 490) estimated that pre-settlement densities of some native
species was between 1-7 mature individuals per square meter. This is in
sharp contrast to densities of several nonnative grasses and forbs; a
study by Biswell and Graham (1958, p. 116-117) found densities of some
nonnative species, such as Bromus hordeaceus, Erodium botrys, and
Festuca megalura, to be 20,000 to 78,000 mature individuals per square
meter. Heady (1958, p. 405) observed somewhat lower densities than
Biswell and Graham (1958) of the same species with densities ranging
from 4,750 to 28,370 mature individuals per square meter. This suggests
that grasslands with nonnative species have large numbers of
individuals, but few species (i.e., low diversity). According to
Malmstrom et al. (2005, p. 154), California native grasslands, prior to
the introduction of Eurasian vegetation, were likely a mix of forbs and
grasses, but today these species are out-competed by nonnative grasses.
Serpentine or serpentine-like soils are characterized as shallow,
nutrient poor (typically lacking in nitrogen and calcium), containing
high magnesium (and other heavy metals), and with low water holding
capacity. All currently occupied habitats of the bay checkerspot
butterfly occur on serpentine or serpentine-like grasslands that
support at least two of the subspecies' larval host plants. Due to poor
nutrient availability, as well as other soil characteristics,
serpentine and serpentine-like grasslands are, for the most part,
inhospitable to the nonnative grasses and forbs that dominate other
California grassland ecosystems; these areas are essentially isolated
patches where native grassland vegetation is capable of persisting in a
landscape, otherwise dominated by nonnative and invasive species. These
soils support many rare plant species including populations of the bay
checkerspot butterfly's larval host plants Plantago erecta, Castilleja
densiflora, and Castilleja exserta. However, these remnant native
grasslands are being invaded and crowded out by nonnative species and
are under increased pressure as a result of nitrogen deposition
primarily caused by air pollution (Weiss 1999, p. 1477). The enrichment
of these soils with nitrogen has allowed nonnative grasses to invade
these traditionally nutrient poor habitats, and the result is a thick
mat of standing vegetation (thatch). Dense thatch has been reported to
inhibit the growth of native forbs (Huenneke et al. 1990, p. 488).
Huenneke et al. (1990, p. 489) found that treatment areas that were
fenced to prevent grazing resulted in an increase in native perennial
and nonnative annual grasses, but in grazed treatments forbs continued
to represent an important component. Low and moderate grazing regimes,
approximately one cow per 10 acres, have been implemented on portions
of Tulare Hill and Coyote Ridge. Because cattle tend to select
nonnative grasses over native forbs (Weiss 1999, p. 1484), the result
of these grazing regimes has been local increases of the bay
checkerspot butterfly's larval host plants.
The bay checkerspot butterfly requires areas with topographic
diversity (warm south and west slopes as well as cool north and east
slopes), because some slopes become unfavorable depending on annual
weather conditions and time of year. Fleishman et al. (2000, p. 34)
defined warm and very warm slopes as south- and west-facing slopes with
a tilt greater than 11 and 17 degrees, respectively, with cool and very
cool slopes defined as those facing north or east with a tilt greater
than 11 and 17 degrees, respectively. Harrison et al. (1988, p. 365)
defined warm slopes as those facing south, southwest, and southeast
with a tilt greater than 7 degrees and cool slopes as those facing
north or northeast with a tilt greater than 7 and 12 degrees,
respectively. In
[[Page 48182]]
hot, dry years, north- and east-facing slopes remain cool and moist
longer and larval host plants tend to senesce (reach later maturity;
grow old) later than those on other slopes (Weiss et al. 1988, p. 1493;
Fleishman et al. 2000, p. 33). The delayed senescence of plants on
cool/moist slopes allows larvae to reach their fourth instar (larval
development stage/molt) and enter diapause (dormancy) before host
plants become inedible. Larvae that are not able to enter diapause
prior to host plant senescence starve and die (Singer and Ehrlich 1979,
p. 54; White 1987, p. 209; Weiss 1996, p. 6). Because host plants on
cool slopes can flower and senesce three or more weeks after those on
warmer slopes (Weiss et al. 1988, p. 1493), cool slopes are especially
important during extremely dry years (i.e., droughts). However, larval
feeding and growth tends to increase on warm slopes because they
receive more solar exposure than other slopes; this allows post-
diapause larvae to grow quickly and pupate earlier than those on cool
slopes. Individuals that pupate earlier have a much greater chance of
reproductive success (Weiss et al. 1988, pp. 1493-94).
In addition to weather, slope is important relative to the timing
of egg laying. As the adult mating season (referred to as the flight
season) progresses, females tend to lay more eggs on cool slopes than
on warm slopes (Weiss et al. 1988, p. 1493). The timing of the adult
flight season varies with weather, but can generally be described as
occurring from late February to early May (Murphy et al. 2004, p. 25).
Larvae that hatch late in the flight season have a greater chance of
reaching diapause on cooler slopes than those laid at the same time on
warm slopes, because host plants mature later on cool slopes. The
pattern of larval survivorship across different slopes changes from one
year to the next as well as within years; therefore, it becomes
important that a variety of slopes and aspects are present to support
the butterfly and its host plants.
Food
The primary larval host plant for the bay checkerspot butterfly is
a small, annual, native plantain (Plantago erecta). The bay checkerspot
butterfly also requires the presence of a secondary host plant, either
purple owl's-clover (Castilleja densiflora) or exserted paintbrush
(Castilleja exserta) (Singer 1972, p. 76; Murphy and Ehrlick 1980, p.
316; Fleishman et al. 1997, p. 32; Weiss 1999, p. 1478; Hellman 2002,
pp. 926, 931). The need for a secondary host plant is related to the
timing of senescence of the primary host plant. In many years, the
primary host plant dries up before larvae have reached their fourth
instar and entered diapause. Because purple owl's-clover and exserted
paintbrush tend to senesce later than the plantain, larvae that switch
to these plants may extend their feeding season long enough to reach
their fourth instar.
Adult bay checkerspot butterflies utilize nectar from a variety of
plants associated with serpentine grasslands. Commonly used nectar
plants include desert parsley (Lomatium spp.), California goldfields
(Lasthenia californica), tidy-tips (Layia platyglossa), sea muilla
(Muilla maritima), scytheleaf onion (Allium falcifolium), false
babystars (Linanthus androsaceus), and intermediate fiddleneck
(Amsinckia intermedia). Egg production (both size of individual eggs
and number of eggs) significantly increases with the intake of
nutrients (Murphy et al. 1983, p. 261; Boggs 1997a, pp. 181, 184).
Murphy et al. (1983, p. 261) observed increased longevity and reduced
weight loss in adult bay checkerspot butterflies that were fed sugar.
Murphy et al. (1983, p. 261) also observed that amino acid intake
produced heavier eggs and that larvae from these eggs had an increased
likelihood of survival. A study by O'Brien et al. (2004, p. 286), which
examined egg production and adult diet in three species of butterflies
in the family Nymphalidae, found the percent of carbon in eggs, derived
from adult diets, increased with time (up to 80 percent in one
species). Currently there is no information regarding nectar usage on
adult male longevity or reproduction.
All of the host plants have ranges greater than that of the bay
checkerspot butterfly and the larval plants may be found in areas that
do not meet the life-history requirements of the bay checkerspot
butterfly. For example, Castilleja densiflora historically occurred
throughout California, Plantago erecta occurred throughout California
and Oregon, and Castilleja exserta occurred in California, Arizona, New
Mexico, Hawaii, and Massachusetts (USDA 2007). In addition, the range
of many of the nectar sources is also much greater than the geographic
range of the bay checkerspot butterfly.
Water
Launer et al. (1993, p. 45) observed large numbers (hundreds) of
checkerspots, predominately females, ``puddling'' at a creek in 1990.
Puddling is a behavior observed in some butterfly species in which
adults take up moisture from saturated soils. Launer et al. (1993, pp.
48-50) provided several alternative hypotheses for explaining the
observed puddling behavior, since the bay checkerspot butterfly was not
traditionally believed to be a puddling species. One hypothesis was
that because the observation was made during an extremely dry period
(third year of a drought), the creek was providing resources that were
otherwise unavailable (or only in low quantities), and that moist areas
may provide an increased chance of survival during drought periods
(Launer et al. 1993, p. 49). Murphy et al. (1983, p. 261) observed that
under laboratory conditions female bay checkerspot butterflies lived
longer when provided water. Checkerspots are not generally considered
puddling butterflies, and some researchers consider it very unusual for
members of the genus Euphydryas to exhibit puddling behavior (Emmel
2007, p. 1). However, the observation of large numbers of bay
checkerspot butterflies taking water from the banks of a creek provides
evidence for a need for aquatic features (i.e., water).
Soils
The bay checkerspot butterfly inhabits areas with soils derived
from serpentinite ultramafic rock (Montara, Climara, Henneke, Hentine,
and Obispo soil series) or similar non-serpentine soils (such as Inks,
Candlestick, Los Gatos, Fagan, and Barnabe soil series). Serpentine
soils are characterized as having low amounts of nutrients (such as
nitrogen and calcium); high concentrations of magnesium; low water-
holding capacity; and patches of heavy metals. These characteristics
create a refuge for many rare native plants, because other plant
species are not capable of surviving in these soils (nitrogen is often
a limiting factor in plant growth). The nonserpentine soils mentioned
above have characteristics that allow them to support grassland
communities similar to those on serpentine soils, such as low water-
holding capacity, slight to moderate acidity (pH 5.8), and varied
topography (slopes ranging from 5 to 75 percent). Together, these soils
provide the last remaining habitat within the geographic range of the
bay checkerspot butterfly where the larval host plants are capable of
persisting and not be outcompeted or crowded out by introduced annuals.
Some researchers have hypothesized that the bay checkerspot butterfly
once occurred widely in nonserpentine grasslands throughout the San
Francisco Bay area prior to the invasion of nonnative invasive grasses
and forbs
[[Page 48183]]
(Murphy and Weiss 1988, p. 197), but have subsequently been relegated
to these fragmented habitats due to plant competition.
Cover
Larval bay checkerspot butterflies enter diapause in order to
survive the summer dry period, once their host plants senesce. Diapause
is an obligatory dormancy period that begins once larvae reach their
fourth instar, which takes approximately three weeks, but may vary
considerably depending on abiotic factors (non-living components of the
biosphere) (Kuussaari, et al. 2004, p. 140). Evidence suggests that
larvae may be capable of entering diapause more than once (White and
Levin 1981, p. 355; Harrison 1989, p. 1242; Kuussaari et al. 2004, pp.
139-140; Mattoni et al. 1997, p. 106). Diapause continues until the
summer dry period is broken by the onset of the rainy season, generally
some time in November-January (Weiss 1996, p. 6). The larvae pass
through diapause in holes and cracks in the soil and under rocks (White
1987, p. 209; Weiss 1996, p. 7) that provide protection from weather,
predation, and parasitism. White (1986, p. 58) observed that pupal
mortality rates, as well as cause of mortality (i.e., predation,
parasitism, crushing, or disease), varied significantly depending on
location, with significant differences in mortality between
microhabitat types. For example, crushing was most likely in areas of
bare ground, whereas pupae in areas with dense vegetation had a higher
rate of mortality due to mold and viruses.
Primary Constituent Elements for the Bay Checkerspot Butterfly
Within the geographical area we know to be occupied by the bay
checkerspot butterfly, we must identify the PCEs that may require
special management considerations or protections.
Based on the above needs and our current knowledge of the life
history, biology, and ecology of the species, we have determined that
bay checkerspot butterfly PCEs are:
(1) The presence of annual or perennial grasslands with little to
no overstory that provide north/south and east/west slopes with a tilt
of more than 7 degrees for larval host plant survival during periods of
atypical weather (e.g., drought). Common grassland species include wild
oats (Avena fatua), soft chess (Bromus hordeaceus), California oatgrass
(Danthonia californica), purple needlegrass (Nassella pulchra), and
Idaho fescue (Festuca idahoensis); less abundant in these grasslands
are annual and perennial forbs such as filaree (Erodium botrys), true
clovers (Trifolium sp.), dwarf plantain (Plantago erecta), and turkey
mullein (Croton setigerus).
(2) The presence of the primary larval host plant, dwarf plantain
(Plantago erecta) and at least one of the secondary host plants, purple
owl's-clover (Castilleja densiflora) or exserted paintbrush (Castilleja
exserta), are required for reproduction, feeding, and larval
development.
(3) The presence of adult nectar sources for feeding. Common nectar
sources include desertparsley (Lomatium spp.), California goldfields
(Lasthenia californica), tidy-tips (Layia platyglossa), sea muilla
(Muilla maritima), scytheleaf onion (Allium falcifolium), false
babystars (Linanthus androsaceus), and intermediate fiddleneck
(Amsinckia intermedia).
(4) Aquatic features such as wetlands, springs, seeps, streams,
lakes, and ponds and their associated banks, that provide moisture
during periods of spring drought; these features can be ephemeral,
seasonal, or permanent.
(5) Soils derived from serpentinite ultramafic rock (Montara,
Climara, Henneke, Hentine, and Obispo soil series) or similar soils
(Inks, Candlestick, Los Gatos, Fagan, and Barnabe soil series) that
provide areas with fewer aggressive, nonnative plant species for larval
host plant and adult nectar plant survival and reproduction.
(6) The presence of stable holes and cracks in the soil, and
surface rock outcrops that provide shelter for the larval stage of the
bay checkerspot butterfly during summer diapause.
We have designed this proposed revision to the critical habitat
designation for the conservation of PCEs necessary to support the life-
history functions that were the basis for our proposal and the areas
containing those PCEs. Because not all life-history functions require
all the PCEs, not all proposed critical habitat will contain all the
PCEs.
We propose units for designation based on sufficient PCEs being
present to support one or more of the species' life-history functions.
Some units contain all PCEs and support multiple life processes, while
some units contain only a portion of the PCEs necessary to support the
species' particular use of that habitat.
Special Management Considerations or Protections
When designating critical habitat, we assess whether the areas
determined to be occupied at the time of listing and contain the
primary constituent elements may require special management
considerations or protections. Threats to those features that define
the PCEs for the bay checkerspot butterfly include habitat loss and
fragmentation, invasion of exotic/invasive plants, nitrogen deposition
(including NOX and ammonia), pesticide application
(including drift), illegal collecting, fire, overgrazing, and gopher
control.
Critical habitat units 1, 2, and 5-10 may require special
management due to threats posed by habitat loss and fragmentation
resulting from urban and suburban growth. Development pressure in Santa
Clara County is likely to increase in the foreseeable future. The City
of San Jose has developed a General Plan to guide development in the
area into the year 2020 and is not part of the proposed Santa Clara
County HCP. Portions of the general plan share boundaries with critical
habitat units, including Units 5, 6, 7, and 9. Some currently or
proposed projects include the Coyote Valley Specific Plan, which
includes residential and industrial developments, the Coyote Valley
Research Park, numerous projects currently proposed for inclusion under
the Santa Clara Habitat Conservation Plan, as well as numerous single
family residential units and road grading projects. In 1997, the
California Court of Appeals 6th District found that the City of San
Jose's zoning did not have to be consistent with the City's General
Plan (Juarez et al. v. City of San Jose et al. (6th District, Case No.
CV736436 H014755)); this may result in areas not currently within the
urban growth boundary still being proposed for development, including
those areas that are environmentally sensitive such as critical habitat
units. In addition, portions of Unit 10 are within the planning
boundaries of the City of Morgan Hill's General Plan.
All proposed revised critical habitat units would likely require
special management due to the threats posed by the invasion of
nonnative vegetation that result from air pollution (primarily nitrogen
deposition) (Weiss 1999, p. 1477). Nitrogen deposition enriches
serpentine and serpentinelike soils that are usually nutrient poor.
Increased nitrogen (typically a limiting factor in plant growth) in
these areas has resulted in the accumulation of a thick carpet of
vegetative material (thatch) each year. Dense thatch has been reported
to inhibit the growth of native forbs (Huenneke et al. 1990, p. 488).
The increased density of nonnative vegetation would negatively affect
the bay checkerspot butterfly's host plant through competition and
crowding (Weiss 1999, p. 1481).
[[Page 48184]]
All proposed revised critical habitat units may require special
management due to the threats posed by pesticide use. Use of pesticides
(i.e., insecticides, and herbicides) in or adjacent to critical habitat
may affect populations of butterflies within these units. Populations
adjacent to areas where there is intensive use of pesticides may be at
risk as a result of drift and runoff. In at least one instance, larvae
appeared to have survived a direct application of malathion by the
California Department of Food and Agriculture; however, the application
was conducted in the fall of 1981 when larvae were still in diapause.
All proposed revised critical habitat units may require special
management due to the threat posed by fire. No bay checkerspot
butterflies were seen on San Bruno Mountain after a wildfire swept
across portions of the mountain in 1986. However, only about 50 adult
butterflies were observed on the mountain in 1984 (CNDDB 2006), so
their subsequent disappearance may not have been solely related to the
1986 fire. The use of fire as a management regime in serpentine
grasslands has not been well studied. Studies that have been conducted
are primarily monitoring opportunities made possible after wildfires.
Use of prescribed burns may be an effective management tool
depending on timing, intensity, and size of the area burned. Prescribed
burns are widely used as a land management tool to counter the invasion
of nonnative and invasive plant species and to stimulate growth and
reproduction of those species adapted to disturbance. An experimental
prescribed burn was conducted over a small portion of Coyote Ridge in
2006, but the results are not yet known.
All proposed revised critical habitat units may require special
management due to the threat posed by over or under grazing. Although
grazing is frequently used as a management tool to reduce standing
biomass of nonnative vegetation, overgrazing can be a potential threat
if grazing densities are not appropriately managed. Huenneke et al.
(1990, p. 489) and Weiss (1999, p. 1480) found that areas that were
fenced to prevent grazing or sites where grazing had been removed,
resulted in an increase in annual grasses, which crowd out forbs
including those that are essential to the bay checkerspot butterfly.
Forbs continued to be an important component in areas that included
limited grazing. Therefore, we consider a limited amount of grazing to
be beneficial to bay checkerspot habitat.
All proposed revised critical habitat units may require special
management due to the threats posed by gopher control. Larval host
plants have been observed to stay green and edible longer when located
on or near soils recently tilled by gophers (Thomomys bottae) (Singer
1972, p. 75; Murphy et al. 2004, p. 26). Huenneke et al. (1990, p. 490)
hypothesized that soil disturbance by gophers may limit the performance
of grasses similar to results caused by grazing, with grazers reducing
the standing grass biomass in a system, which allowed the persistence
of small forbs. Larval host plants that stay green longer into the dry
season may allow prediapause larva to reach the fourth instar.
Criteria Used To Identify Critical Habitat
All proposed revised critical habitat units are within areas that
we have determined were occupied at the time of listing or are
currently occupied, and that contain sufficient PCEs to support life
history functions essential for the conservation of the subspecies.
Lands were proposed for designation based on sufficient PCEs being
present to support the life processes. Some lands contain only a
portion of the PCEs necessary to support the particular use of that
habitat.
We have defined occupied critical habitat as: (1) Those grasslands
on serpentine or serpentine-like soils containing the PCEs that were
occupied by the bay checkerspot butterfly at the time of listing in
1987 or (2) those grasslands on serpentine or serpentine-like soils
containing the PCEs that have been occupied since the time of listing.
Units did not have to contain all PCEs. We used information compiled
for the proposed and final listing rules, reports prepared by San Mateo
County Parks, Santa Clara County Parks, the CNDDB, researchers,
consultants, and published and unpublished literature to identify the
specific locations occupied by the bay checkerspot butterfly at the
time of listing and currently occupied.
The currently occupied habitat for the bay checkerspot butterfly is
highly fragmented and isolated; the majority of all extant occurrences
are within an approximate 9 mile (mi) (14.5 kilometer (km)) radius in
Santa Clara County, California. The population estimates in San Mateo
County are extremely small and those in Santa Clara County have
declined significantly in recent years. As a result of population
declines and fragmented habitats, all areas currently known to support
the bay checkerspot butterfly are being proposed for designation.
Several areas occupied by the bay checkerspot butterfly at the time
of listing are not currently occupied. Some of these areas have been
surveyed since listing and no bay checkerspot butterflies were
observed; however, not all of the units have been recently surveyed
and, due to the metapopulation dynamics of the subspecies, it is
possible that the subspecies has recolonized some of these areas. The
metapopulation dynamics of the subspecies has shown that population
fluctuations occur and extirpation and recolonization is a normal
occurrence for the bay checkerspot butterfly (Ehrlich et al. 1975, pp.
221-228; 1980; Harrison 1994, pp. 111-128). The units that have been
surveyed since the time of listing without observations of the
subspecies include San Bruno Mountain, Pulgas Ridge, and Jasper Ridge
Biological Preserve in San Mateo County, California. These areas are
proposed for designation as critical habitat because they were all
occupied at the time of listing and designation of these units will
reduce the likelihood of extinction by providing source/sink (larger
patches of high-quality habitat/small patches of marginal habitat/)
areas and ``stepping stone'' (often smaller, unconnected areas that
bridge the distance between larger blocks of suitable habitat) habitats
for the subspecies. Since the bay checkerspot butterfly is susceptible
to extreme weather events these additional units in San Mateo County
will also reduce the risk of extinction from stochastic natural events,
extreme weather conditions, and help to ensure survival of the
subspecies by providing potential dispersal habitat for individuals
that were reintroduced to Edgewood Park early in 2007.
The distribution of proposed critical habitat areas (occupied and
currently unoccupied) was selected to help reduce the level of habitat
fragmentation within the geographic range of the bay checkerspot
butterfly by providing dispersal and recolonization opportunities for
the subspecies. The butterfly is considered relatively sedentary
(Ehrlich 1965, p. 333; Harrison 1989, p. 50-51; Singer and Hanski 2004,
p. 187) and reduced fragmentation should facilitate movements between
habitat patches. McKechnie et al. (1975, p. 561) observed that out of
several years of mark recapture studies only 1.7 percent of males and
4.8 percent of females moved a distance of approximately 1,600 feet
(ft.) (500 meter (m)). These figures are consistent with observations
made by Weiss (1996, p. 93) who reported that adult movement declined
with increasing distance with only about 5
[[Page 48185]]
percent moving between 656 to 984 ft (200 to 300 m).
Although the butterfly is considered sedentary, long-distance
movements have been documented. The longest documented movements
observed by Harrison (1989, p. 1239) were 3.5 mi (5.6 km) for one male
and 2 mi (3.2 km) for one female. Murphy (Service 2001, p. 21451)
reported movement of bay checkerspot butterflies of 4.7 mi (7.6 km).
Harrison et al. (1988, p. 371) hypothesized that habitats greater than
4.3 to 5.0 mi (7 to 8 km) from a source population (Coyote Ridge in the
study) were unlikely to ever sustain populations of the bay checkerspot
butterfly. This hypothesis was based on the presence or absence of
adult bay checkerspot butterflies in Santa Clara County in apparently
suitable habitat and their relative distance from Coyote Ridge. The
study was not designed to predict the bay checkerspot butterfly's upper
limit of dispersal. Harrison (1989, p. 371) hypothesized that the rate
of colonization, relative to the rate of extinction, was too low to
maintain populations of the bay checkerspot butterfly on distant
habitat patches (distant from a source patch). Given the subspecies'
historical distribution, its metapopulation dynamics, and its sedentary
tendencies, reducing habitat fragmentation, by designating occupied and
currently unoccupied habitat that provide quality stepping stone
habitat, will increase the likelihood of recolonization of more distant
patches of suitable habitat.
We have determined that, due to the limited availability of habitat
for the subspecies, its limited distribution, and its generally low
dispersal tendencies, the long-term conservation of the bay checkerspot
butterfly is dependent upon the protection of habitat that was occupied
at the time of listing as well as habitat that is currently occupied.
The presence of all six PCEs was not a requirement to designating a
unit as critical habitat; however, all twelve units currently support
all six PCEs.
Mapping
Geospatial datasets were used within ArcGIS/ArcMap 9.2
(Environmental Systems Research Institute, Redlands, California) and
analyzed to define the areas that best contain the features that are
essential to the conservation of the bay checkerspot butterfly. To
delineate the proposed units of occupied critical habitat, we plotted
all occurrence records of bay checkerspot butterfly known at the time
of listing or currently known on maps as polygons. We then examined
whether these areas supported the PCEs.
When determining the proposed revisions to critical habitat
boundaries within this proposed rule, we made every effort to avoid
including developed areas such as buildings, paved areas, and other
structures that lack PCEs for the bay checkerspot butterfly. The scale
of the maps we prepared under the parameters for publication within the
Code of Federal Regulations may not reflect the exclusion of such
developed areas. Any such structures and the land under them
inadvertently left inside critical habitat boundaries shown on the maps
of this proposed revision to critical habitat have been excluded by
text in this proposed rule and are not proposed for designation as
critical habitat. Therefore, Federal actions limited to these areas
would not trigger section 7 consultation, unless they may affect the
subspecies or primary constituent elements in adjacent critical
habitat.
We are proposing to revise the critical habitat designation on
lands that we have determined were occupied at the time of listing or
are currently occupied and contain sufficient primary constituent
elements to support life-history functions essential for the
conservation of the subspecies.
The units being proposed for revised designation are based on
sufficient PCEs being present to support bay checkerspot butterfly life
processes. Some units contain all PCEs and support multiple life
processes. Some units contain only a portion of the PCEs necessary to
support the bay checkerspot butterfly particular use of that habitat.
Where a subset of the PCEs is present (such as presence of larval host
plants, adult nectar plants, and grasslands with varied topography), it
has been noted that only PCEs present at designation would be
protected.
Section 10(a)(1)(B) of the Act authorizes us to issue permits for
the take of listed animal species incidental to otherwise lawful
activities. An incidental take permit application must be supported by
a habitat conservation plan (HCP) that identifies conservation measures
that the permittee agrees to implement to minimize and mitigate the
impacts on the species by the requested incidental take. We often
exclude non-Federal public lands and private lands that are covered by
an existing operative HCP and executed implementation agreement (IA)
under section 10(a)(1)(B) of the Act from designated critical habitat
because the benefits of exclusion outweigh the benefits of inclusion as
discussed in section 4(b)(2) of the Act. To date, Pacific Gas and
Electric's Metcalf Evendale/Monta Vista Line is the only HCP that has
been completed that includes the bay checkerspot butterfly as a covered
species. The HCP was issued in 1998 and was in effect for a period of 3
years, and covered approximately 4 ac (1.6 ha). Because the HCP has
expired, we are not proposing to exclude lands once covered under this
HCP. The San Bruno Mountain HCP (SBMHCP) Amendment 5 would add the
Callippe silverspot butterfly (Speyeria callippe callippe) and the bay
checkerspot butterfly to the existing HCP. The Callippe silverspot
butterfly shares some habitat requirements similar to the bay
checkerspot butterfly, specifically the use of open grasslands. We are
proposing to exclude Unit 1 from critical habitat based on the
development of amendment 5 of the SBMHCP (See Application of Section
4(b)(2) of the Act). Stanford University is in the process of
developing an HCP for lands owned by Stanford University, which
includes the Jasper Ridge Biological Preserve (Unit 4); however as
currently proposed, this HCP would not include the bay checkerspot
butterfly or any other butterfly species, so this HCP is not being
proposed for exclusion. Santa Clara County is currently in the early
stages of developing a regional HCP that would encompass the majority
of Santa Clara County, including all proposed critical habitat units in
the county (Units 5 through 12); this HCP is still in the early stages
of development, but as proposed would include the bay checkerspot
butterfly. However, the Santa Clara County HCP is not expected to be
finalized for several years. We are seeking comments regarding areas
that have management plans or HCPs that may potentially be excluded
from the critical habitat designation (see Public Comments Solicited
section above).
Summary of Changes From Previously Designated Critical Habitat
The areas identified in this proposed rule constitute a proposed
revision from the areas we designated as critical habitat for bay
checkerspot butterfly on April 30, 2001 (66 FR 21450). The primary
differences include the following:
(1) The 2001 critical habitat rule (66 FR 21450) consisted of 15
units comprising a total of 23,903 ac (9,673 ha). This proposed
revision includes 12 units comprising a total of 19,746 ac (7,990 ha).
The majority of the proposed units correspond to those in the 2001
designation. However, we have refined the units to eliminate areas that
are unlikely to support the PCEs such as areas that are forested or
have since been developed. The unit formerly designated as
Communications Hill (2001 unit 6) is not included in this
[[Page 48186]]
proposed rule because that unit has since been developed to a large
degree and the remaining habitat has been degraded by the invasion of
nonnative and invasive grasses and is unlikely to support sufficient
PCEs to meet one or more of the life-history requirements of the
subspecies. In addition, the Pulgas Ridge unit (proposed unit 2) is new
in this proposed designation and is included because it represents an
area that was historically known to support the subspecies, is
currently undeveloped, is expected to serve as a ``stepping stone''
between the two southern units in San Mateo County (proposed units 4
and 5) and the San Bruno Mountain unit (proposed Unit 1), and can
provide additional habitat to support a core population in San Mateo
County. Currently the distance between proposed Unit 1 and proposed
Unit 2 is greater than the published dispersal distance of the bay
checkerspot butterfly; however, a number of small and fragmented
patches of intervening grasslands occur along the Interstate 280
corridor between proposed Unit 1 and 2 that would be expected to serve
as additional stepping stones to potentially allow for movement between
these two units. The numerous small patches of grassland habitat
between units are not proposed to be designated as critical habitat
because the Service has no information regarding the presence of
sufficient PCEs within these areas.
(2) We propose to revise the PCEs and exclude ``pollinators of the
bay checkerspot butterfly's food and nectar plants'' because the
specific pollinators of each host and nectar plant are not known and
the presence of the plants themselves implies their successful
reproduction. We clarify ``topography with varied slopes and aspects''
by defining those slope aspects that were important as well as defining
warm versus cool slopes. We expand the previous PCE regarding
``wetlands that provide moisture'' to reflect the range of water
sources that may be used by the subspecies, such as the banks of
streams and lakes. To provide for greater specificity we remove ``space
for dispersal between habitable areas'' and include ``annual and
perennial grasslands'' along with a description of that habitat type
and plant species commonly found in them. We replace ``stands of'' the
larval host plants with ``presence of'' because the density of host
plants needed to support the subspecies has not been widely researched
and does not appear in the literature, and thus is difficult to
quantify at this time. Finally, to provide for greater specificity, we
expand the previous PCE regarding soils to include a list of soils that
are associated with serpentine or serpentine-like habitats.
(3) We updated areas that are currently known to support
populations of the bay checkerspot butterfly, as well as areas where
the subspecies has since become extirpated. The number of known
occurrences has continued to decline since the 2001 designation of
critical habitat.
Proposed Revisions to the Critical Habitat Designation
We are proposing 12 units as critical habitat for the bay
checkerspot butterfly. These units, which generally correspond to those
units in the 2001 designation, if finalized, would entirely replace the
current critical habitat designation for the bay checkerspot butterfly
in 50 CFR 17.95(i). The critical habitat areas we describe below
constitute our current best assessment of areas that meet the
definition of critical habitat for the bay checkerspot butterfly. The
12 areas designated as critical habitat are: (1) San Bruno Mountain,
(2) Pulgas Ridge, (3) Edgewood Park, and (4) Jasper Ridge in San Mateo
County; and (5) Coyote Ridge (A and B), (6) Tulare Hill, (7) Santa
Teresa Hills, (8) Calero Reservoir, (9) Kalana Hills (A and B), (10)
Morgan Hill, (11) Bear Ranch, and (12) San Martin in Santa Clara
County. The approximate area encompassed within each proposed critical
habitat unit is shown in Table 2. Of the 19,746 ac (7,990 ha) being
proposed as revised critical habitat, we are proposing to exclude
approximately 775 ac (314 ha) from the final critical habitat
designation under section 4(b)(2) of the Act. See Exclusions Under
Section 4(b)(2) of the Act section for a detailed discussion.
The approximate area (ac, ha) encompassed within each proposed
revised critical habitat unit, land ownership, areas proposed for
exclusion from the final critical habitat designation, and occupancy of
units are shown in Tables 1, 2, and 3.
Table 1.--Occupancy of Proposed Revised Critical Habitat Units for the Bay Checkerspot Butterfly
----------------------------------------------------------------------------------------------------------------
Occupied at time of
Unit listing Currently occupied Acres (hectares)
----------------------------------------------------------------------------------------------------------------
Unit 1: San Bruno Mt.................... Yes..................... No...................... 775 (314)
Unit 2: Pulgas Ridge.................... Yes..................... No...................... 179 (72)
Unit 3: Edgewood Park................... Yes..................... Yes..................... 409 (166)
Unit 4: Jasper Ridge.................... Yes..................... No...................... 329 (133)
Unit 5: Coyote Ridge.................... Yes..................... Yes..................... 10,148 (4,107)
Unit 6: Tulare Hill..................... Yes..................... Yes..................... 747 (302)
Unit 7: Santa Teresa Hills.............. Yes..................... Yes..................... 3,987 (1,613)
Unit 8: Calero Reservoir................ Yes..................... Yes..................... 1,543 (624)
Unit 9: Kalana Hills:
Subunit 9A.......................... Yes..................... Yes..................... 170 (69)
Subunit 9B.......................... Yes..................... Yes..................... 56 (23)
Unit 10: Morgan Hill.................... Yes..................... Yes..................... 507 (205)
Unit 11: Bear Ranch..................... No...................... Yes..................... 393 (159)
Unit 12: San Martin..................... Yes..................... Yes..................... 502 (203)
===========================
Total............................... ........................ ........................ 19,746 (7,990)
----------------------------------------------------------------------------------------------------------------
[[Page 48187]]
Table 2.--Critical Habitat Units Proposed for the Bay Checkerspot Butterfly
[Area estimates reflect all land within critical habitat unit boundaries (in acres and hectares)]
----------------------------------------------------------------------------------------------------------------
Unit Federal State/local Private Total
----------------------------------------------------------------------------------------------------------------
Unit 1: San Bruno Mt................ 0................. 577 (234) 198 (80) 775 (314)
Unit 2: Pulgas Ridge................ 0................. 179 (72) 0 179 (72)
Unit 3: Edgewood Park............... 0................. 303 (123) 106 (43) 409 (166)
Unit 4: Jasper Ridge................ 0................. 0 329 (133) 329 (133)
Unit 5: Coyote Ridge................ 0................. 110 (45) 10,148 (4,107) 10,148 (4,107)
Unit 6: Tulare Hill................. 0................. 102 (41) 645 (261) 747 (302)
Unit 7: Santa Teresa Hills.......... 0................. 1,100 (445) 2,888 (1,169) 3,987 (1,613)
Unit 8: Calero Reservoir............ 0................. 1,543 (624) 0 1,543 (624)
Unit 9: Kalana Hills:
Subunit 9A...................... 0................. 0 170 (69) 170 (69)
Subunit 9B...................... 0................. 0 56 (23) 56 (23)
Unit 10: Morgan Hill................ 0................. 0 507 (205) 507 (205)
Unit 11: Bear Ranch................. 0................. 393 (159) 0 393 (159)
Unit 12: San Martin................. 0................. 0 502 (203) 502 (203)
=====================
Total........................... 0................. 4,308 (1,743) 15,438 (6,248) 19,746 (7,990)
----------------------------------------------------------------------------------------------------------------
We present brief descriptions of all units, and reasons why they
meet the definition of critical habitat for the bay checkerspot
butterfly, below.
Unit 1: San Bruno Mountain
Unit 1 consists of 775 ac (314 ha) in San Mateo County. The unit is
primarily within San Bruno Mountain State and County Park, and is
inside the boundaries of the San Bruno Mountain Area Habitat
Conservation Plan. This unit was occupied at the time of listing and
contains all the features essential for the conservation of the
subspecies; however, the bay checkerspot butterfly has not been
observed in this unit since a wildfire in 1986 and is currently
unoccupied. Unit 1 represents the most northerly part of the
subspecies' range on the San Francisco peninsula. Unit 1 is necessary
as a supporting element of the San Mateo metapopulation because it
represents the largest area of contiguous native grassland habitat that
can support the bay checkerspot butterfly's host and nectar plants
within San Mateo County. This unit currently supports populations of
the federally endangered Callippe silverspot butterfly (Speyeria
callippe callippe), endangered San Bruno elfin butterfly (Callophrys
mossii bayensis), and endangered Mission blue butterfly (Icaricia
icarioides missionensis), which all share similar habitat requirements
as the bay checkerspot butterfly (including native grasslands). The
majority of this unit, approximately 577 ac (233 ha), is within the
boundaries of the San Bruno Mountain State and County Park, while the
rest of the unit is privately owned (198 ac (80 ha)). As stated above,
the distance between Unit 1 and the most proximate Unit 2 is greater
than the published dispersal distance of the bay checkerspot butterfly;
however, numerous small patches of intervening grasslands would be
expected to serve as additional stepping stones to potentially allow
for movement between these two units. These patches of grassland
habitat are not proposed to be designated as critical habitat because
the Service has no information regarding the presence of sufficient
PCEs within these areas.
Unit 2: Pulgas Ridge
Unit 2 consists of 179 ac (72 ha) in San Mateo County. The unit is
located north of the intersection of Interstate 280 and Highway 92,
east of Crystal Springs Reservoir. This unit was occupied at the time
of listing and contains all the features essential for the conservation
of the subspecies. Since listing, bay checkerspot butterflies in this
unit have been extirpated, and the unit is currently unoccupied.
However, the bay checkerspot butterfly formerly inhabited this unit,
and the unit still contains all the PCEs. The land within this unit is
owned by San Francisco Public Utilities Commission (SFPUC) and is part
of the Peninsula watershed and not subject to development. This unit
provides habitat for the subspecies, especially in years with
particularly favorable weather conditions that support expanding
populations of the bay checkerspot butterflies; represents a stepping
stone location to nearby units; and secures the metapopulation dynamics
of the subspecies by providing adjacent or dispersal habitat for the
subspecies. According to the Peninsula watershed management plan (SFPUC
2002, p. 2-11), portions of the watershed currently support populations
of the endangered San Bruno elfin butterfly and the endangered Mission
blue butterfly that share similar habitat requirements as the bay
checkerspot butterfly (including native grasslands). In addition,
according to the environmental impact statement for the Peninsula
watershed management plan (SFPD 2001, p. XLB-7), portions of the
watershed have a high probability of supporting the bay checkerspot
butterfly and is designated as being serpentine grassland habitat.
Unit 3: Edgewood Park
Unit 3 consists of 409 ac (166 ha) in San Mateo County. This unit
is comprised primarily of the Edgewood Park and Natural Preserve, a San
Mateo County park located east of the junction of Edgewood Road and
Interstate 280. A portion of the unit, approximately 66 ac (27 ha), is
owned by the San Francisco Public Utilities Commission and is part of
the Peninsula watershed. This unit was occupied at the time of listing,
is currently occupied, and contains all the features essential to the
conservation of the subspecies. Until recently, this unit supported the
main population of bay checkerspot butterflies within the San Mateo
metapopulation. However, the subspecies was last observed here in 2002,
after a steady decline beginning in the late 1990s. Larval bay
checkerspot butterflies were reintroduced to this unit in early 2007.
The population of bay checkerspot butterflies within this unit has been
described as the only core population in San Mateo County, and without
bay checkerspot butterflies in this unit, the subspecies in San Mateo
is unlikely to persist, which would leave only the one metapopulation
in Santa Clara County and would constitute a significant range
reduction for the subspecies.
Unit 4: Jasper Ridge
Unit 4 consists of 329 ac (133 ha) in San Mateo County. The unit is
entirely
[[Page 48188]]
contained within Stanford University's Jasper Ridge Biological
Preserve. The unit is 4 mi (7 km) southeast of Unit 3 and 23 mi (37 km)
west-northwest of Unit 5, and represents the closest connection to the
Santa Clara County metapopulation. This unit was occupied at the time
of listing and contains all the features essential to the conservation
of the subspecies. Decades of data and dozens of published scientific
papers about the Jasper Ridge population of the bay checkerspot
butterfly exist. The population was almost extirpated by prolonged
drought in the late 1970s and again in the late 1980s. The unit was
occupied at the time of listing; however the last known observation of
the bay checkerspot butterfly in this unit was in 1997; the unit is
currently unoccupied. The unit is managed as a biological preserve by
Stanford University and suitable habitat, containing all the PCEs,
continues to be present. Unit 4 is the closest unit in San Mateo County
to populations of the bay checkerspot butterfly in Santa Clara County.
While currently not known to be occupied, metapopulation dynamics may
allow for natural recolonization to occur by bay checkerspot
butterflies from Santa Clara County through the stepping stones of
grassland habitat. There are numerous small patches of grassland
habitat (potential stepping stones) between the units in San Mateo and
Santa Clara Counties, although Unit 4 is the closest known area with
sufficient PCEs. The numerous small patches of grassland habitat
between units are not proposed to be designated as critical habitat
because the Service has no information regarding the presence of
sufficient PCEs within these areas. Unit 4 is also the closest suitable
habitat with sufficient PCEs to the recently reintroduced Edgewood Park
population and is necessary to support and maintain the Edgewood Park
population (Unit 3), which in turn support the metapopulation dynamics
of the bay checkerspot butterfly in San Mateo County by providing the
necessary dispersal habitat and connectivity between the San Mateo and
Santa Clara County populations.
Unit 5: Coyote Ridge
This unit consists of 10,149 ac (4,107 ha) in Santa Clara County.
The unit encompasses Units 8, 10, 11, and 12 as identified in the 2001
designation. The unit is comprised almost entirely of the ridgeline
known as Coyote Ridge, the majority of which is in private ownership,
although approximately 110 ac (45 ha) are owned by Santa Clara County
Parks for off-road vehicle recreation. To the north the unit is
bordered by Yerba Buena Road near its intersection with U.S. Highway
101 and Metcalf Road divides the unit almost in half. The unit was
occupied at the time of listing and contains all the features essential
to the conservation of the subspecies represents the only remaining
core population of the bay checkerspot butterfly. Other units in Santa
Clara County depend on this core population as a source for
recolonization. The unit represents the largest, most contiguous, and
highest quality habitat containing the largest population of bay
checkerspot butterflies.
Researchers historically referred to the bay checkerspot
butterflies within this unit as four populations: Kirby, Metcalf, San
Felipe, and Silver Creek Hills and our previous designation identified
them as separate units. The Kirby population is the southernmost of the
four and has consistently had the largest numbers of bay checkerspot
butterflies. The Kirby area had an estimated 700,000 individuals in
2004, but declined to 100,000 individuals in 2005 (Weiss 2006, p. 1).
Although still under private ownership, approximately 291 ac (118 ha)
of the Kirby area is under some form of protection or management for
special status species, including the bay checkerspot butterfly. In
addition, a 250-ac (101-ha) butterfly preserve is being managed by
Waste Management Incorporated (WMI) as compensation for adverse effects
to the bay checkerspot butterfly in association with its landfill.
However, the protection afforded the butterfly preserve is not
permanent, and the land the preserve is on is not owned by WMI. The
Metcalf population supported an estimated 400,000 individuals in 2004,
but has suffered a significant decline down to an estimated 45,000
individuals in 2006 (Weiss 2006, p. 1). The Metcalf population is
within the limits of the City of San Jose and is located on private
land. The San Felipe population is also located on private lands and
within the limits of the City of San Jose. The Service is unaware of
any recent surveys of the San Felipe population; however, the
population was estimated at 100,000 individuals in 1999 (Weiss 2006, p.
1). The Silver Creek Hills population is the last of the four
populations within the Coyote Ridge unit. The population was considered
relatively large, with approximately 115,000 individuals in 1993 (Weiss
2006, p. 1). This population was significantly affected by the
development of a residential area and associated golf course (Ranch on
Silver Creek) in the late 1990s. As a result of formal consultation on
the Ranch on Silver Creek, approximately 473 ac (191 ha) owned by
William Lyon Homes were preserved and are being managed for the bay
checkerspot butterfly. Approximately 40 adults were observed at the
Silver Creek Preserve in 2006 (WRA 2006, p. i).
Unit 6: Tulare Hill
Unit 6 consists of 747 ac (302 ha) in Santa Clara County. The unit
is located in the middle of the Santa Clara Valley, south of San Jose,
and west of the crossing of Metcalf Road and Highway 101. The unit was
occupied by the bay checkerspot butterfly at the time of listing and is
noted as one of the locations occupied in Harrison et al. (1988, p.
362). The unit is currently occupied, contains all the features
essential to the conservation of the subspecies, and is essential to
the conservation of the subspecies because it acts as a population
center and because it provides a dispersal corridor across Coyote
Valley. This unit is the closest suitable intervening habitat between
the Coyote Ridge core population and most of the other populations in
Santa Clara County, primarily those on the western side of Coyote
Valley. Hundreds of butterflies have been observed on the southern half
of the unit from 2001-2006 (Weiss 2006, p. 1). We have determined that
the long-term viability of the bay checkerspot butterfly in Santa Clara
County depends on the presence of corridors for dispersal of adults
between Coyote Ridge and the other units in Santa Clara County. Tulare
Hill is an ideal location for such a corridor because of the narrowness
of the valley at this location, the limited amount of development
currently present, the presence of high elevations on the hill that may
attract butterflies over the highways and developed areas, and the
presence of suitable habitat on Tulare Hill itself. Migrant butterflies
from either Santa Teresa Hills or Coyote Ridge may settle on Tulare
Hill, contributing individuals to the population within this unit, and
adults from Tulare Hill may migrate to the adjacent habitat areas.
Public lands within this unit include parts of Coyote Creek Park,
Metcalf Park, and Santa Teresa County Park. Roughly half of Tulare Hill
itself is within the limits of the City of San Jose; the remainder is
on private lands in unincorporated Santa Clara County. Approximately
114 ac (46 ha) of the unit is currently protected under a conservation
easement and is managed for the bay checkerspot butterfly by the Land
Trust for Santa Clara County. The unit is bisected by transmission
lines from Pacific Gas &
[[Page 48189]]
Electric (PG&E), and the operations and maintenance of these lines are
the subject of a proposed Safe Harbor Agreement and Habitat
Conservation Agreement for the bay checkerspot butterfly.
Unit 7: Santa Teresa Hills
Unit 7 consists of 3,987 ac (1,613 ha) in Santa Clara County. The
unit lies north of Bailey Avenue, McKean Road, and Almaden Road; south
of developed areas of the city of Santa Clara; and west of Santa Teresa
Boulevard. The unit abuts Unit 6. This unit was not specifically
mentioned in the listing rule, but an unspecified number of bay
checkerspot butterflies were observed in this unit in 1988 (CNDDB 2006,
p. 26). The unit is currently occupied (Arnold 2007, p. 1; and H.T.
Harvey and Associates 1998, p. 11), and contains the physical and
biological features essential to the conservation of the subspecies.
Further, it includes the largest block of undeveloped habitat
containing all the PCEs west of U.S. Route 101 in Santa Clara County.
In addition, due to the prevailing winds, Unit 7 may experience less
air pollution (i.e., nitrogen and ammonia deposition) than the units on
the east side of Coyote Valley.
Unit 8: Calero Reservoir
Unit 8 consists of 1,543 ac (624 ha) in Santa Clara County. The
unit is south of McKean Road and east of the town of New Almaden,
Almaden Road, and Alamitos Creek. This unit was occupied at the time of
listing (CNDDB 2006, p. 26), is currently occupied, and contains all
the features essential for the conservation of the subspecies. The unit
is less than 0.5 mi (0.8 km) south of Unit 7 and 1 mi (1.6 km) east of
Unit 9. It is also 3.3 mi (5.3 km) southwest of the core population in
Unit 5, and this distance is well within the dispersal capabilities of
the subspecies; therefore, Unit 8 is an important component of the
species' Santa Clara County metapopulation. The unit is comprised of
over 1,400 ac (567 ha) of mapped serpentine soils on public land. The
majority of the unit is within the Calero County Park and managed by
Santa Clara County Department of Parks and Recreation. The remainder is
owned and managed by the Santa Clara Valley Water District.
Unit 9: Kalana Hills
Unit 9 consists of two separate subunits: Subunit 9A (170 ac (69
ha)) and Subunit 9B (56 ac (22 ha)), totaling 226 ac (91 ha) in Santa
Clara County. The unit is located on the southwest side of the Santa
Clara Valley between Laguna Avenue and San Bruno Avenue. The unit (both
9A and 9B) was occupied by the bay checkerspot butterfly at the time of
listing and is noted as one of the locations occupied in Harrison et
al. (1988, p. 362), and adults were again observed during the last
survey of the unit in 1997 (CNDDB 2006, p. 23). The two subunits
include four hilltop, serpentine outcrops, which contain all the
features essential for the conservation of the species, and some
intervening grassland. The intervening grassland does not contain the
larval host plants or serpentine or similar soils, but does contain
PCEs 1, 3, and 4 and connects the four serpentine outcrops. Unit 5 lies
about 2.1 mi (3.2 km) to the northeast, Unit 7 is 1 mi (1.6 km) to the
northwest, the Unit 8 is 1 mi (1.6 km) to the west, and Unit 10 about
2.2 mi (3.5 km) to the southeast. The essential physical and biological
features in Unit 9 assist in maintaining the metapopulation dynamics of
the subspecies by providing habitat for the subspecies within dispersal
distance of adjacent or nearby critical habitat units. Because of its
proximity to several other large population centers for the bay
checkerspot butterfly, we expect the Kalana Hills subunits to be
regularly occupied by the subspecies and assist in maintaining the
metapopulation dynamics for the subspecies. If, as is possible given
the bay checkerspot butterfly's large population swings, the
butterfly's population in these subunits were to become extirpated, it
is likely to be reestablished by bay checkerspot butterflies
immigrating from adjacent sites. These subunits act as a ``stepping
stone'' to adjacent or nearby units. A portion of the largest and
northernmost serpentine outcrop within subunit 9A is within the limits
of the City of San Jose; the remainder of the subunit is on private
lands in unincorporated Santa Clara County. Subunit 9A's northeast
boundaries are bordered by the proposed Coyote Valley Specific Plan.
Unit 10: Morgan Hill
Unit 10 consists of 507 ac (205 ha) in Santa Clara County. The unit
is northwest of the City of Morgan Hill, east of Willow Springs Road,
and south of Hale Avenue. This unit was historically occupied in the
late 1980s and is described in the CNDDB as an ``active site'' (CNDDB
2006) for the subspecies. The unit was occupied at the time of listing
and is noted as one of the locations occupied in Harrison et al. (1988,
p. 362); adult butterflies were observed in the unit in 1997 (CNDDB
2006). Unit 10 is essential to the conservation of the subspecies
because it has large areas of serpentine soils and grassland with a
variety of slope exposures, contains all the PCE's, and serves as a
``stepping stone'' between the southernmost occurrences of the
subspecies (Unit 12) and the populations to the north. The unit is 1.5
mi (2.4 km) southwest Unit 5 and 2.2 mi (3.5 km) southeast of the Unit
9, provides dispersal habitat from adjacent critical habitat units, and
provides habitat during years with particularly favorable weather
conditions that support expanding populations of the bay checkerspot
butterfly. This unit is comprised mostly of private property, a portion
of which is within the limits of the City of Morgan Hill and the rest
in unincorporated Santa Clara County. Murphy Springs Park, a small city
park, is within this unit.
Unit 11: Bear Ranch
Unit 11 consists of 393 ac (159 ha) in Santa Clara County. The unit
is adjacent to Coyote Reservoir and is entirely contained within the
Coyote Lake--Harvey Bear Ranch County Park. The bay checkerspot
butterfly was known to occur within this unit in the mid-1970s, but was
considered extirpated in the listing rule; however, bay checkerspot
butterflies were observed in this unit in 1994, 1997, and 1999 (CNDDB
2006, p. 15; Launer 2000, p. 1). This unit is currently occupied and is
the most southern occurrence of the bay checkerspot butterfly on the
east side of Coyote Valley. Unit 11 is essential for the conservation
of the subspecies because it assists in maintaining the metapopulation
dynamics of the subspecies by providing adjacent or nearby habitat for
bay checkerspot butterflies to disperse to or use as foraging or
resting habitat during longer dispersal events. The unit contains all
the features essential for the conservation of the species. This unit
is underlined by both serpentine and serpentine-like soils. There are
two patches of serpentine soils separated north/south by intermittent
woody vegetation; these patches are surrounded by grasslands underlined
by serpentine-like soils that provide adequate dispersal corridors
between the two patches.
Unit 12: San Martin
Unit 12 consists of 502 ac (203 ha) in Santa Clara County. The unit
is located in the western foothills of the Santa Clara Valley. This
unit was occupied at the time of listing, is currently occupied, and
contains all the features essential for the conservation of the
subspecies. The unit has extensive areas of serpentine soils
interspersed with grasslands that have PCEs 1, 3, 4, and
[[Page 48190]]
5. These areas are important for dispersal between higher-quality
habitats within the unit that contain all the necessary features
essential for conservation. The unit lies entirely on private lands in
unincorporated Santa Clara County, about 4 mi (6.4 km) west-southwest
of Unit 11, 4 mi (6.4 km) southeast of Unit 10, and 6 mi (9.6 km) south
of Unit 5's core area. This unit is the southernmost occurrence of the
bay checkerspot butterfly. The adjacent Cordevalle Golf Club has
purchased approximately 298 ac (121 ha) of property within the unit and
has developed a management plan for the property and are currently
working to establish a conservation easement for preservation as open
space. A portion of the proposed open space, approximately 42.3 ac
(17.1 ha) will be managed to benefit serpentine species including the
bay checkerspot butterfly.
Table 3 below provides approximate areas (ac, ha) of lands that
meet the definition of critical habitat but that we are proposing to
exclude from the final critical habitat rule. Table 3 also provides our
reasons for the proposed exclusion.
Table 3.--Area (in Acres (ac), Hectares (ha)) Being Proposed for Exclusion From the Final Critical Habitat
Designation for the Bay Checkerspot Butterfly in San Mateo and Santa Clara Counties, California
[Area estimates reflect all land within proposed critical habitat unit boundaries]
----------------------------------------------------------------------------------------------------------------
Areas meeting the
Critical habitat unit Specific reason Land ownership definition of Area proposed for
critical habitat exclusion
----------------------------------------------------------------------------------------------------------------
1. San Bruno Mountain, San Mateo HCP; Amendment 5 Local............. 577 ac (234 ha)... 577 ac (234 ha).
County. will add the bay Private........... 198 ac (80 ha).... 198 ac (80 ha).
checkerspot.
Total....................... .................. .................. 775 ac (314 ha)... 775 ac (314 ha).
----------------------------------------------------------------------------------------------------------------
Effects of Critical Habitat Designation
Section 7 Consultation
Section 7(a)(2) of the Act requires Federal agencies, including the
Service, to ensure that actions they fund, authorize, or carry out are
not likely to destroy or adversely modify critical habitat. Decisions
by the 5th and 9th Circuit Court of Appeals have invalidated our
definition of ``destruction or adverse modification'' (50 CFR 402.02)
(see Gifford Pinchot Task Force v. U.S. Fish and Wildlife Service, 378
F.3d 1059 (9th Cir. 2004) and Sierra Club v. U.S. Fish and Wildlife
Service et al., 245 F.3d 434, 442 (5th Cir. 2001)), and we do not rely
on this regulatory definition when analyzing whether an action is
likely to destroy or adversely modify critical habitat. Under the
statutory provisions of the Act, destruction or adverse modification on
the basis of whether, with implementation of the proposed Federal
action, the affected critical habitat would remain functional (or
retain the current ability for the PCEs to be functionally established)
to serve its intended conservation role for the species.
Section 7(a)(4) of the Act requires Federal agencies to confer with
the Service on any action that is likely to jeopardize the continued
existence of a species proposed for listing or result in destruction or
adverse modification of proposed critical habitat. This is a procedural
requirement only, as any conservation recommendations in a conference
report or opinion are strictly advisory. However, once a species
proposed for listing becomes listed, or proposed critical habitat is
designated as final, the full prohibitions of section 7(a)(2) apply to
any discretionary Federal action.
The primary utility of the conference procedures is to allow a
Federal agency to maximize its opportunity to adequately consider
species proposed for listing and proposed critical habitat and to avoid
potential delays in implementing their proposed action because of the
section 7(a)(2) consultation process, if we list those species or
designate critical habitat. We may conduct conferences either
informally or formally. We typically use informal conferences as a
means of providing advisory conservation recommendations to assist the
agency in eliminating conflicts that the proposed action may cause. We
typically use formal conferences when we or the Federal agency believes
the proposed action is likely to jeopardize the continued existence of
the species proposed for listing or adversely modify proposed critical
habitat.
We generally provide the results of an informal conference in a
conference report, while we provide the results of a formal conference
in a conference opinion. We typically prepare conference opinions on
proposed species or critical habitat in accordance with procedures
contained at 50 CFR 402.14, as if the proposed species were already
listed or the proposed critical habitat was already designated. We may
adopt the conference opinion as the biological opinion when the species
is listed or the critical habitat is designated, if no substantial new
information or changes in the proposed action alter the content of the
opinion (see 50 CFR 402.10(d)).
If a species is listed or critical habitat is designated, section
7(a)(2) of the Act requires Federal agencies to ensure that activities
they authorize, fund, or carry out are not likely to jeopardize the
continued existence of the species or to destroy or adversely modify
its critical habitat. If a Federal action may affect a listed species
or its critical habitat, the responsible Federal agency (action agency)
must enter into consultation with us. As a result of this consultation,
we document compliance with the procedural requirements of section
7(a)(2) through our issuance of:
(1) A concurrence letter for Federal actions that may affect, but
are not likely to adversely affect, listed species or critical habitat;
or
(2) A biological opinion for Federal actions that may affect, and
are likely to adversely affect, listed species or critical habitat.
When we issue a biological opinion concluding that a project is
likely to jeopardize the continued existence of a listed species or
destroy or adversely modify critical habitat, we also provide
reasonable and prudent alternatives to the project, if any are
identifiable. We define ``Reasonable and prudent alternatives'' at 50
CFR 402.02 as alternative actions identified during consultation that:
Can be implemented in a manner consistent with the
intended purpose of the action,
Can be implemented consistent with the scope of the
Federal agency's legal authority and jurisdiction,
Are economically and technologically feasible, and
Would, in the Director's opinion, avoid jeopardizing the
continued existence of the listed species or destroying or adversely
modifying critical habitat.
Reasonable and prudent alternatives can vary from slight project
[[Page 48191]]
modifications to extensive redesign or relocation of the project. Costs
associated with implementing a reasonable and prudent alternative are
similarly variable.
Regulations at 50 CFR 402.16 require Federal agencies to reinitiate
consultation on previously reviewed actions in instances where we have
listed a new species or subsequently designated critical habitat that
may be affected and the Federal agency has retained discretionary
involvement or control over the action (or the agency's discretionary
involvement or control is authorized by law). Consequently, some
Federal agencies may request reinitiation of consultation with us on
actions for which formal consultation has been completed, if those
actions may affect subsequently listed species or designated critical
habitat.
Federal activities that may affect the bay checkerspot butterfly or
its designated critical habitat require section 7 consultation under
the Act. Activities on State, Tribal, local, or private lands requiring
a Federal permit (such as a permit from the U.S. Army Corps of
Engineers under section 404 of the Clean Water Act (33 U.S.C. 1251 et
seq.) or a permit from us under section 10 of the Act) or involving
some other Federal action (such as funding from the Federal Highway
Administration, Federal Aviation Administration, or the Federal
Emergency Management Agency) are also subject to the section 7
consultation process. Federal actions not affecting listed species or
critical habitat, and actions on State, Tribal, local, or private lands
that are not federally funded, authorized, or permitted, do not require
section 7 consultations.
Application of the ``Adverse Modification'' Standard
The key factor related to the adverse modification determination is
whether, with implementation of the proposed Federal action, the
affected critical habitat would continue to serve its intended
conservation role for the species, or would retain its current ability
for the primary constituent elements to be functionally established and
maintained. Activities that may destroy or adversely modify critical
habitat are those that alter the PCEs to an extent that appreciably
reduces the conservation value of critical habitat for the bay
checkerspot butterfly.
Section 4(b)(8) of the Act requires us to briefly evaluate and
describe in any proposed or final regulation that designates critical
habitat, activities involving a Federal action that may destroy or
adversely modify such habitat, or that may be affected by such
designation.
Activities that, when carried out, funded, or authorized by a
Federal agency, may affect critical habitat and therefore should result
in consultation for the bay checkerspot butterfly include, but are not
limited to:
(1) Actions that would cause ground disturbance, including, but not
limited to, trenching, grading, and discing. Ground disturbance would
likely result in the loss of larval and adult food plants and in an
increased mortality of larvae as a result of starvation. Individual bay
checkerspot butterfly larvae, pupae, and eggs could be crushed during
any of these activities. A reduction in adult nectar sources could
result in reduced fecundity and longevity of females, and possibly
reduced longevity of males. Ground disturbance may also result in a
reduction in the number of stable holes and cracks that larvae use
during diapause, which would result in an increased risk of predation.
(2) Actions which would remove, destroy, or alter vegetation,
including, but not limited to, changes in grazing regimes, prescribed
burns, or other vegetation management strategies. These actions would
have similar effects as those associated with ground disturbance, such
as loss of larval and adult food plants. Prescribed burns may also
result in direct injury or mortality to larvae, pupae, and eggs if
conducted during the fall or early spring. Grazing is likely to result
in some individual larvae, eggs, and pupae being trampled or
inadvertently eaten.
(3) Construction activities that destroy, degrade, or fragment
critical habitat, such as urban and suburban development (i.e.,
subdivisions, road building, placement of utilities, golf courses,
trail construction, off-road vehicle use, etc.) These activities could
result in the permanent loss of habitat or create barriers to movement
between patches of habitat. Construction activities could result in
crushing of both larval and adult food plants as well as larvae, pupae,
and eggs. Adults may be injured or killed as a result of collisions
with vehicles. In addition, larvae crossing open areas of construction
sites in search of edible host plants could be trampled. Urban
development could also cause changes in hydrology of bay checkerspot
butterfly habitat. The presence of unseasonal water could result in an
alteration in the life cycle of larval and adult food plants, such that
plant growth and blooming are out of phase with the life cycle of the
subspecies, resulting in increased mortality of both larvae and adults.
Artificially wet conditions may also result in an increase in parasites
or diseases that could reduce larval and adult survival. In addition,
changes in hydrology that result in reduced water levels in nearby
creeks could result in increased mortality of adults during periods of
prolonged spring drought. Activities that result in direct loss of
habitat would also result in direct loss of individuals of all life
stages of the bay checkerspot butterfly. Loss of habitat patches that
are ``stepping stone'' habitats would result in increased distances
between other patches of suitable habitat and reduce the likelihood of
distant patches being colonized, thus disrupting the metapopulation
dynamics of the subspecies, resulting in a decrease in the stability of
core populations and possible extinction of the bay checkerspot
butterfly.
(4) Direct application on, or drift onto, critical habitat of
pesticides, herbicides, fertilizers, or other chemicals or biological
agents. Drift or runoff of chemicals, pesticides, and other biological
agents could kill or injure bay checkerspot butterflies through direct
toxicity or by harming their food plants.
(5) Deposition or release onto critical habitat of nitrogen
compounds, such as NOX and ammonia. Nitrogen deposition
(i.e., NOX and ammonia), in and around bay checkerspot
butterfly habitat would result in nutrient enrichment of serpentine and
serpentine-like soils. This enrichment allows for the successful
invasion of exotic and invasive plants, which out-compete native forbs
and grasses, into serpentine grasslands, resulting in lower densities
of larval and adult food plants. Lower densities of both larval and
adult food plants would result in fewer larval and adult bay
checkerspot butterflies.
We consider all of the units proposed as revised critical habitat,
as well as those that have been proposed for exclusion, to contain
features essential to the conservation of the bay checkerspot
butterfly. All units are within the geographic range of the species,
all were occupied by the species at the time of listing or are
currently occupied (based on most recent observations made), and are
likely to be used by the bay checkerspot butterfly. Federal agencies
already consult with us on activities in areas currently occupied by
the bay checkerspot butterfly, as well as unoccupied critical habitat
units to ensure that their actions do not jeopardize the continued
existence of the bay checkerspot butterfly or result in adverse
modification of critical habitat.
[[Page 48192]]
Exemptions or Exclusions
Application of Section 4(b)(2) of the Act
Section 4(b)(2) of the Act states that the Secretary must designate
and revise critical habitat on the basis of the best available
scientific data after taking into consideration the economic impact,
national security impact, and any other relevant impact of specifying
any particular area as critical habitat. The Secretary may exclude an
area from critical habitat if he determines that the benefits of such
exclusion outweigh the benefits of specifying such area as part of the
critical habitat, unless he determines, based on the best scientific
data available, that the failure to designate such area as critical
habitat will result in the extinction of the species. In making that
determination, the Congressional record is clear that the Secretary has
broad discretion regarding which factor(s) to use and how much weight
to give to any factor.
Under section 4(b)(2) of the Act, in considering whether to exclude
a particular area from the designation, we must identify the benefits
of including the area in the designation, identify the benefits of
excluding the area from the designation, and determine whether the
benefits of exclusion outweigh the benefits of inclusion. If we
consider an exclusion then we must determine whether excluding the area
would result in the extinction of the species.
In the following sections, we address a number of general issues
that are relevant to the exclusions we have considered. In addition, we
are conducting an economic analysis of the impacts of the proposed
revised critical habitat designation and related factors, which will be
available for public review and comment when it is complete. Based on
public comment on that document, the proposed revised designation
itself, and the information in the final economic analysis, the
Secretary may exclude from critical habitat additional areas beyond
those identified in this assessment under the provisions of section
4(b)(2) of the Act. This is also addressed in our implementing
regulations at 50 CFR 424.19.
Portions of proposed Units 5, 6, and 12 are currently protected or
proposed for protection under conservation easements (see unit
descriptions above for acreages). Some easements were established for
the protection of the California red-legged frog (Rana aurora
draytonii) or the California tiger salamander (Ambystoma
californiense), while others were established for the bay checkerspot
butterfly. These areas were considered for exclusion, but not proposed
because some of them do not have management plans and some only provide
management plans for the tiger salamander or the California red-legged
frog. Those areas with conservation easements that specifically provide
protection for the bay checkerspot butterfly were not considered for
exclusion because the easements are not believed to be sufficiently
funded to adequately deal with nonnative invasive plants, such as the
recent invasion of barbed goat grass (Aegilops triuncialis). A
conservation easement that has been proposed for a portion of Unit 12
has not been finalized and is therefore also not proposed for
exclusion.
Benefits of Designating Critical Habitat
Regulatory Benefits
The consultation provisions under section 7(a) of the Act
constitute the regulatory benefits of critical habitat. As discussed
above, Federal agencies must consult with us on actions that may affect
critical habitat and must avoid destroying or adversely modifying
critical habitat. Prior to our designation of critical habitat, Federal
agencies consult with us on actions that may affect a listed species
and must refrain from undertaking actions that are likely to jeopardize
the continued existence of the species. Thus, the analysis of effects
to critical habitat is a separate and different analysis from that of
the effects to the species. Therefore, the difference in outcomes of
these two analyses represents the regulatory benefit of critical
habitat. For some species, and in some locations, the outcome of these
analyses will be similar, because effects on habitat will often result
in effects on the species. However, the regulatory standard is
different: The jeopardy analysis looks at the action's impact on
survival and recovery of the species, while the adverse modification
analysis looks at the action's effects on the designated critical
habitat's contribution to the species' conservation. This will, in many
instances, lead to different results and different regulatory
requirements.
For 30 years prior to the Ninth Circuit court's decision in Gifford
Pinchot, we combined the jeopardy standard with the standard for
destruction or adverse modification of critical habitat when evaluating
Federal actions that affected currently occupied critical habitat.
However, the court ruled that the two standards are distinct and that
adverse modification evaluations require consideration of impacts on
species recovery. Thus, critical habitat designations may provide
greater benefits to the recovery of a species than would listing alone.
There are two limitations to the regulatory effect of critical
habitat. First, a consultation is required only where there is a
Federal nexus (an action authorized, funded, or carried out by any
Federal agency)--if there is no Federal nexus, designation itself does
not restrict actions that destroy or adversely modify critical habitat.
Second, the designation only limits destruction or adverse
modification. By its nature, the prohibition on adverse modification is
designed to ensure no degradation of those areas that contain the
physical and biological features essential to the conservation of the
species or of unoccupied areas that are essential to the conservation
of the species. Critical habitat designation alone, however, does not
require specific steps toward recovery.
Once an agency determines that consultation under section 7 of the
Act is necessary, the process may conclude informally when we concur in
writing that the proposed Federal action is not likely to adversely
affect critical habitat. However, if we determine through informal
consultation that adverse impacts are likely to occur, then we would
initiate formal consultation, which would conclude when we issue a
biological opinion on whether the proposed Federal action is likely to
result in destruction or adverse modification of critical habitat.
For critical habitat, a biological opinion that concludes in a
determination of no destruction or adverse modification may contain
discretionary conservation recommendations to minimize adverse effects
to primary constituent elements, but it would not suggest the
implementation of any reasonable and prudent alternative. We suggest
reasonable and prudent alternatives to the proposed Federal action only
when our biological opinion results in an adverse modification
conclusion.
We believe that in many instances the regulatory benefit of
critical habitat is low when compared to voluntary conservation efforts
or management plans. The conservation achieved through implementing
HCPs or other habitat management plans can be greater than what we
achieve through multiple site-by-site, project-by-project, section 7
consultations involving consideration of critical habitat. Such habitat
management plans may commit resources to implement long-term management
and protection to particular habitat for at least one and possibly
additional listed or sensitive species. Section 7 consultations commit
[[Page 48193]]
Federal agencies to preventing adverse modification of critical habitat
caused by the particular project only, and not to providing
conservation or long-term benefits to areas not affected by the
proposed project. Thus, any HCP or other habitat management plan that
considers enhancement or recovery as the management standard may often
provide as much or more benefit than a consultation for critical
habitat designation conducted under the standards required by the Ninth
Circuit in the Gifford Pinchot decision.
In providing the framework for the consultation process, the
previous section applies to all the following discussions of benefits
of inclusion or exclusion of critical habitat.
Educational Benefits
A benefit of including lands in critical habitat is that
designation of critical habitat serves to educate landowners, state and
local governments, and the public regarding the potential conservation
value of an area. This helps focus and promote conservation efforts by
other parties by clearly delineating areas of high conservation value
for the bay checkerspot butterfly. In general, critical habitat
designation always has educational benefits; however, in some cases,
they may be redundant with other educational efforts. For example, HCPs
have significant public input and may largely duplicate the educational
benefits of a critical habitat designation. A second benefit of
including lands in critical habitat is that the designation of critical
habitat would inform state agencies and local governments about areas
that could be conserved under state laws or local ordinances.
The information provided in the previous section applies to all the
following discussions of benefits of inclusion or exclusion of critical
habitat.
Recovery Benefits
The process of designating critical habitat as described in the Act
requires that the Service identify those lands on which are found the
physical or biological features essential to the conservation of the
species that may require special management considerations or
protection. In identifying those lands, the Service must consider the
recovery needs of the species, such that the habitat that is
identified, if managed, could provide for the survival and recovery of
the species. Furthermore, once critical habitat has been designated,
Federal agencies must consult with the Service under section 7(a)(2) of
the Act to ensure that their actions will not adversely modify
designated critical habitat or jeopardize the continued existence of
the species. As noted in the Ninth Circuit's Gifford Pinchot decision,
the Court ruled that the jeopardy and adverse modification standards
are distinct, and that adverse modification evaluations require
consideration of impacts to the recovery of species. Thus, through the
section 7(a)(2) consultation process, critical habitat designations
provide recovery benefits to species by ensuring that Federal actions
will not destroy or adversely modify designated critical habitat.
It is beneficial to identify those lands that are necessary for the
conservation of the species and that, if properly managed, would
further recovery measures for the species, which is beneficial. The
process of proposing and finalizing a critical habitat rule provides
the Service with the opportunity to determine which lands are essential
for conservation of the species, as well as allowing for the
identification of the primary constituent elements or features
essential for conservation of the species on those lands. The
designation process includes peer review and public comment on the
identified features and lands proposed for designation and/or
exclusion. This process is valuable to land owners and managers in
developing conservation management plans for identified lands, as well
as any other occupied habitat or other suitable habitat that may not
have been included in the Service's determination of essential habitat.
However, the designation of critical habitat does not require that
any management or recovery actions take place on the lands included in
the designation. Even in cases where consultation has been initiated
under section 7(a)(2) of the Act, the end result of consultation is to
avoid jeopardy to the species and/or adverse modification of its
critical habitat, but not per se to manage remaining lands or institute
recovery actions on remaining lands. Conversely, management plans
institute proactive actions over the lands they encompass and are put
in place to remove or reduce known threats to a species or its habitat
and therefore implement recovery actions. We believe that the movement
towards the conservation of a species and/or its habitat that could be
achieved through the designation of critical habitat, in some cases, is
less than the movement towards conservation that could be achieved
through the implementation of a management plan, which includes
species-specific provisions and considers enhancement or recovery of
listed species as the management standard over the same lands.
Consequently, implementation of any HCP or management plan that
considers enhancement or recovery as the management standard will often
provide as much or more benefit than a consultation for critical
habitat designation conducted under the standards required by the Ninth
Circuit in the Gifford Pinchot decision.
The information provided in the previous section applies to all the
following discussions of benefits of inclusion or exclusion of critical
habitat.
Conservation Partnerships on Non-Federal Lands
Most federally listed species in the United States will not recover
without the cooperation of non-Federal landowners. More than 60 percent
of the United States is privately owned (National Wilderness Institute
1995, p. 2), and at least 80 percent of endangered or threatened
species occur either partially or solely on private lands (Crouse et
al. 2002, p. 720). Stein et al. (1995, p. 400) found that only about 12
percent of listed species were found almost exclusively on Federal
lands (90 to 100 percent of their known occurrences restricted to
Federal lands) and that 50 percent of federally listed species are not
known to occur on Federal lands at all.
Given the distribution of listed species with respect to land
ownership, conservation of listed species in many parts of the United
States is dependent upon working partnerships with a wide variety of
entities and the voluntary cooperation of many non-Federal landowners
(Wilcove and Chen 1998, p. 1407; Crouse et al. 2002, p. 720; James
2002, p. 271). Building partnerships and promoting voluntary
cooperation of landowners are essential to our understanding the status
of species on non-Federal lands, and necessary for us to implement
recovery actions such as reintroducing listed species and restoring and
protecting habitat.
Many non-Federal landowners derive satisfaction from contributing
to endangered species recovery. We promote these private-sector efforts
through the Department of the Interior's Cooperative Conservation
philosophy. Conservation agreements with non-Federal landowners (HCPs,
safe harbor agreements, other conservation agreements, easements, and
State and local regulations) enhance species conservation by extending
species protections beyond those available through section 7
consultations. In the past decade, we have encouraged non-Federal
landowners to enter into conservation agreements, based on the
[[Page 48194]]
view that we can achieve greater species conservation on non-Federal
land through such partnerships than we can through regulatory methods
(61 FR 63854; December 2, 1996).
Many private landowners, however, are wary of the possible
consequences of attracting endangered species to their property.
Mounting evidence suggests that some regulatory actions by the Federal
Government, while well-intentioned and required by law, can (under
certain circumstances) have unintended negative consequences for the
conservation of species on private lands (Wilcove et al. 1996, pp. 5-6;
Bean 2002, pp. 2-3; Conner and Mathews 2002, pp. 1-2; James 2002, pp.
270-271; Koch 2002, pp. 2-3; Brook et al. 2003, pp. 1639-1643). Many
landowners fear a decline in their property value due to real or
perceived restrictions on land-use options where threatened or
endangered species are found. Consequently, harboring endangered
species is viewed by many landowners as a liability. This perception
results in anti-conservation incentives because maintaining habitats
that harbor endangered species represents a risk to future economic
opportunities (Main et al. 1999, pp. 1264-1265; Brook et al. 2003, pp.
1644-1648).
According to some researchers, the designation of critical habitat
on private lands significantly reduces the likelihood that landowners
will support and carry out conservation actions (Main et al. 1999, p.
1263; Bean 2002, p. 2; Brook et al. 2003, pp. 1644-1648). The magnitude
of this negative outcome is greatly amplified in situations where
active management measures (such as reintroduction, fire management,
and control of invasive species) are necessary for species conservation
(Bean 2002, pp. 3-4). We believe that the judicious use of excluding
specific areas of non-federally owned lands from critical habitat
designations can contribute to species recovery and provide a superior
level of conservation than critical habitat alone.
The purpose of designating critical habitat is to contribute to the
conservation of threatened and endangered species and the ecosystems
upon which they depend. The outcome of the designation, triggering
regulatory requirements for actions funded, authorized, or carried out
by Federal agencies under section 7 of the Act, can sometimes be
counterproductive to its intended purpose on non-Federal lands. Thus
the benefits of excluding areas that are covered by effective
partnerships or other conservation commitments can often be high.
Benefits of Excluding Lands With Approved Management Plans
The benefits of excluding lands with approved long-term management
plans from critical habitat designation include relieving landowners,
communities, and counties of any additional regulatory burden that
might be imposed by a critical habitat designation. Most HCPs and other
conservation plans take many years to develop and, upon completion, are
consistent with the recovery objectives for listed species that are
covered within the plan area. Many conservation plans also provide
conservation benefits to unlisted sensitive species. Imposing an
additional regulatory review as a result of the designation of critical
habitat may undermine these conservation efforts and partnerships
designed to proactively protect species to ensure that listing under
the Act will not be necessary. Designation of critical habitat within
the boundaries of management plans that provide conservation measures
for a species could be viewed as a disincentive to those entities
currently developing these plans or contemplating them in the future,
because one of the incentives for undertaking conservation is greater
ease of permitting where listed species will be affected. Addition of a
new regulatory requirement would remove a significant incentive for
undertaking the time and expense of management planning. In fact,
designating critical habitat in areas covered by a pending HCP or
conservation plan could result in the loss of some species' benefits if
participants abandon the planning process, in part because of the
strength of the perceived additional regulatory compliance that such
designation would entail. The time and cost of regulatory compliance
for a critical habitat designation do not have to be quantified for
them to be perceived as additional Federal regulatory burden sufficient
to discourage continued participation in plans targeting listed
species' conservation.
A related benefit of excluding lands within management plans from
critical habitat designation is the unhindered, continued ability it
gives us to seek new partnerships with future plan participants
including States, counties, local jurisdictions, conservation
organizations, and private landowners, which together can implement
conservation actions that we would be unable to accomplish otherwise.
If lands within approved management plan areas are designated as
critical habitat, it would likely have a negative effect on our ability
to establish new partnerships to develop these plans, particularly
plans that address landscape-level conservation of species and
habitats. By preemptively excluding these lands, we preserve our
current partnerships and encourage additional conservation actions in
the future.
Furthermore, both HCP and Natural Community Conservation Planning
(NCCP) HCP applications require a consultation, which would review the
effects of all HCP-covered activities that might adversely impact the
species under a jeopardy standard, including possibly significant
habitat modification (see definition of ``harm'' at 50 CFR 17.3), even
without the critical habitat designation. In addition, Federal actions
not covered by the HCP in areas occupied by listed species would still
require consultation under section 7(a)(2) of the Act, and we would
review these actions for possibly significant habitat modification, in
accordance with the definition of harm referenced above.
The information provided in the previous section applies to all the
following discussions of benefits of inclusion or exclusion of critical
habitat.
Proposed Exclusions Under Section 4(b)(2) of the Act
After consideration under section 4(b)(2) of the Act, we are
proposing to exclude the following area of habitat from final revised
critical habitat for the bay checkerspot butterfly: Lands covered under
the San Bruno Mountain Habitat Conservation Plan. We believe that the
lands' value for conservation has been addressed by existing protective
actions and is appropriate for exclusion under the provisions of
section 4(b)(2). We specifically solicit comment, however, on the
proposed exclusion of these areas. A detailed analysis of our proposed
exclusion of these lands under section 4(b)(2) of the Act is provided
in the paragraphs that follow.
Habitat Conservation Plan Lands--Exclusions Under Section 4(b)(2) of
the Act
We consider a current plan to provide adequate management or
protection if it meets the following criteria: (1) The plan is complete
and provides the same or better level of protection from adverse
modification or destruction than that provided through a consultation
under section 7(a)(2) of the Act; (2) there is a reasonable expectation
that the conservation management strategies and actions will be
implemented based on past practices, written guidance, or regulations;
and (3) the plan provides conservation strategies and measures
consistent with
[[Page 48195]]
currently accepted principles of conservation biology. We believe that
the plan described below fulfills these criteria, and we are
considering the exclusion from critical habitat of non-Federal lands
covered by this plan that provide for the conservation of the bay
checkerspot butterfly. We are requesting comments on the benefit to the
bay checkerspot butterfly from conservation measures established by the
San Bruno Mountain Habitat Conservation Plan.
San Bruno Mountain Habitat Conservation Plan (SBMHCP)
The SBMHCP was originally completed in November 1982, and we issued
a 30-year section 10(a)(1)(B) permit to the permittees on March 4,
1983. The permit (PRT 2-9818) expires on March 4, 2013, unless it is
renewed (Jones and Stokes 2007, p. 1-2). San Bruno Mountain is located
on the northern end of the San Francisco Peninsula, south of the San
Mateo-San Francisco County line, and is bordered to the north by Daly
City, to the east by the City of Brisbane, to the south by the City of
South San Francisco, and to the west by the City of Colma. The SBMHCP
is comprised of 3,600 ac (1,457 ha) of which approximately 3,500 ac
(1,416 ha) are open space. To date, there have been four amendments to
the SBMHCP. Amendment five is currently in development with a draft
expected to be published in the Federal Register near the end of 2007
or early 2008. We expect a finalized amendment in 2008.
Participants in Amendment five of the SBMHCP include the City of
Brisbane and the County of San Mateo. The existing incidental take
permit covers 3,380 ac (1,368 ha) of San Bruno Mountain and includes
the following species: Mission blue butterfly, San Bruno elfin
butterfly, and San Francisco garter snake (Thamnophis sirtalis
tetrataenia) (Jones and Stokes 2007, p. 1-2). Unit 1 of proposed
revised critical habitat is completely contained within the SBMHCP,
with the majority of Unit 1 in San Bruno Mountain County Park.
Amendment five would add the bay checkerspot butterfly and Callippe
silverspot butterfly to the incidental take permit of the SBMHCP and
would reconfigure the development plan on the Northwest Ridge to allow
take of covered species on approximately 26 ac (11 ha) on the Northwest
Ridge. Amendment five would also increase funding for management and
monitoring activities throughout the Mountain with the establishment of
an endowment. The Northeast Ridge covers 228 ac (92 ha) located in the
northeast corner of San Bruno Mountain. The majority, approximately 90
percent, of the site is annual grassland, while the surrounding land
use includes single-family neighborhoods across Guadalupe Canyon
Parkway to the north, undeveloped open space to the east, multi-family
residential development to the south, and the State and County Park to
the west (Jones and Stokes 2007, p. 2-3). The Northeast Ridge does not
include areas historically occupied by the bay checkerspot butterfly.
Amendment five to the SBMHCP includes proposed and ongoing
conservation actions designed to benefit both the bay checkerspot
butterfly and Callippe silverspot butterfly. Conservation actions
include: (1) Vegetation management (i.e., prescribed fire, herbicide
application, mowing, and grazing); (2) replanting and restoration; and
(3) monitoring. The Service expects Amendment five will provide
substantial protection for all of the primary constituent elements
(PCEs) for the bay checkerspot butterfly, and that protected lands will
receive the special management required through funding mechanisms that
will be implemented under Amendment five of the SBMHCP.
Benefits of Inclusion
The primary benefit to designation of critical habitat is the
requirement that federal agencies consult with the Service to ensure
that their actions are not likely to result in the destruction or
adverse modification of critical habitat. If critical habitat were
designated in this area, PCEs in the area would be protected from
destruction or adverse modification by federal actions using a
conservation standard based on the Ninth Circuit's decision in Gifford
Pinchot. This requirement would be in addition to the requirement that
proposed Federal actions would not be likely to jeopardize the species'
continued existence. However, since the SBMHCP area is not currently
occupied by the species, consultation for activities that may adversely
affect the bay checkerspot butterfly, including possibly significant
habitat modification (see definition of ``harm'' at 50 CFR 17.3) would
not be required under section 7. Therefore, inclusion of portions of
the SBMHCP in critical habitat would require consultation if Federal
actions would result in adverse modification of critical habitat.
As discussed above, Amendment five of the SBMHCP is expected to
provide substantial protection of the PCEs and special management of
essential habitat for the bay checkerspot butterfly on SBMHCP
conservation lands. We expect the SBMHCP to provide a greater level of
management for the bay checkerspot butterfly on private lands than
would designation of critical habitat on private lands because the
management activities associated with the addition of the bay
checkerspot butterfly and Callippe silverspot butterfly within the
SBMHCP will improve habitat for both species within the SBMHCP.
Moreover, inclusion of these non-Federal lands as critical habitat
would not necessitate additional management and conservation activities
that would exceed the approved SBMHCP and its implementing agreement.
As a result, we do not anticipate that any action on these lands would
destroy or adversely modify the areas proposed as revised critical
habitat. Therefore, we do not expect that including those areas in the
final designation would lead to any changes to actions on the
conservation lands to avoid destroying or adversely modifying that
habitat.
A benefit of including an area in critical habitat is the education
of landowners and the public regarding the potential conservation value
of these areas. The inclusion of an area in critical habitat may focus
and contribute to conservation efforts by other parties by clearly
delineating areas of high conservation values for certain species.
However, we believe that this conservation benefit has largely been
achieved for the bay checkerspot butterfly through listing of the
species, the previous critical habitat designation, and the ongoing
preparation of the Santa Clara County HCP.
Benefits of Exclusion
The benefits of excluding lands within HCPs from critical habitat
designation include relieving landowners, communities, and counties of
any additional regulatory burden that might be imposed by a critical
habitat designation. Many HCPs, particularly large regional HCPs, take
many years to develop and, upon completion, become regional
conservation plans that are consistent with the recovery objectives for
listed species that are covered within the plan area. In fact,
designating critical habitat in areas covered by a pending HCP could
result in the loss of species' benefits if participants abandon the
voluntary HCP process, in part because of the strength of the perceived
additional regulatory compliance that such designation would entail.
The time and cost of regulatory compliance for a critical habitat
designation do not have to be quantified for them to be perceived as
additional Federal regulatory burden sufficient to discourage continued
voluntary participation in plans targeting the conservation of listed
species.
[[Page 48196]]
Furthermore, an HCP application must itself be consulted upon. Such
a consultation would review the effects of all activities covered by
the HCP that may adversely affect the species, including possibly
significant habitat modification (see definition of ``harm'' at 50 CFR
17.3), even without the critical habitat designation. In addition,
Federal actions not covered by the HCP in areas occupied by listed
species would still require consultation under section 7 of the Act and
would be reviewed for possibly significant habitat modification in
accordance with the definition of harm referenced above. This standard
also would apply to all consultation conducted in the interim period
prior to finalization of an HCP, whether incidental take exemption is
provided under section 7 or section 10 of the Act.
Benefits of Exclusion Outweigh Benefits of Inclusion
We have reviewed and evaluated the conservation measures identified
in the SBMHCP. Based on this evaluation, we currently find that the
benefits of exclusion of the lands essential to the conservation of the
bay checkerspot butterfly in the planning area for the SBMHCP outweigh
the benefits of including Unit 1 in our final critical habitat
designation. Our final determination will be made after we receive
public comment on this proposed revised critical habitat designation.
The exclusion of these lands from critical habitat will help
preserve the partnerships that we have developed with local
jurisdictions and project proponents in the development of the SBMHCP.
The educational benefits of critical habitat, including informing the
public of areas that are essential for the long-term conservation of
the species, are still accomplished from material provided on our Web
site and through public notice and comment procedures required to
establish the Santa Clara County HCP. The public also has been informed
through the public participation that occurs during the development of
each amendment to the SBMHCP. For these reasons, we believe that
designating critical habitat has little benefit in areas covered by the
SBMHCP.
Exclusion Will Not Result in Extinction of the Species
We believe that exclusion of these lands would not result in the
extinction of the bay checkerspot butterfly as:
(1) The area is not currently occupied;
(2) The lands Unit 1 are in are within the boundaries of the
SBMHCP; and
(3) Ongoing and new conservation measures designed for the bay
checkerspot butterfly and Callippe silverspot butterfly will enhance
and protect the majority of habitat for the bay checkerspot butterfly
on San Bruno Mountain.
Actions that may adversely affect the subspecies within Unit 1 are
expected to be covered under the SBMHCP. In addition, if the bay
checkerspot butterfly becomes established within Unit 1, it will be
protected from take under section 9 of the Act. The exclusion leaves
these protections unchanged from those that would exist if the excluded
areas were to be designated as critical habitat.
Critical habitat is being proposed for the bay checkerspot
butterfly in other areas that will be accorded the protection from
adverse modification by Federal actions using the conservation standard
based on the Ninth Circuit decision in Gifford Pinchot. Additionally,
the subspecies occurs on lands protected and managed either explicitly
for the subspecies or indirectly through more general objectives to
protect natural values; this factor, in concert with the other
protections provided under the Act for these lands absent designation
of critical habitat and in concert with protections afforded the
species by the other lands proposed for designation as critical
habitat, leads us to find that exclusion of these lands would not
result in extinction of the bay checkerspot butterfly. We do not
believe that this exclusion would result in the extinction of the
subspecies because the SBMHCP will: (1) Preserve approximately 3,500 ac
(1,416 ha) of open space, which includes the vast majority of bay
checkerspot butterfly habitat within the SBMHCP; (2) incorporate a
range of habitat management and enhancement measures; and (3) include a
monitoring program for several listed butterfly species including the
bay checkerspot butterfly.
Economics
An analysis of the economic impacts of proposing revised critical
habitat for the bay checkerspot butterfly is being prepared. We will
announce the availability of the draft economic analysis as soon as it
is completed, at which time we will seek public review and comment.
When completed, copies of the draft economic analysis will be available
for downloading from the Internet at http://www.fws.gov/sacramento/, or
by contacting the Sacramento Fish and Wildlife Office directly (see
ADDRESSES).
Peer Review
In accordance with our joint policy published in the Federal
Register on July 1, 1994 (59 FR 34270), we are obtaining the expert
opinions of at least three appropriate and independent specialists
regarding this proposed rule. The purpose of peer review is to ensure
that our proposed revised critical habitat designation is based on
scientifically sound data, assumptions, and analyses. We will send
copies of this proposed rule to these peer reviewers immediately
following publication in the Federal Register. We will invite these
peer reviewers to comment during the public comment period on the
specific assumptions and conclusions regarding the proposed designation
of revised critical habitat.
We will consider all comments and information received during the
comment period on this proposed rule during preparation of a final
rulemaking. Accordingly, the final decision may differ from this
proposal.
Public Hearings
The Act provides for one or more public hearings on this proposal,
if we receive any requests for hearings. We must receive your request
for a public hearing within 45 days after the date of this publication
in the Federal Register. Send your request to the person named in the
FOR FURTHER INFORMATION CONTACT section. We will schedule public
hearings on this proposal, if any are requested, and announce the
dates, times, and places of those hearings in the Federal Register and
local newspapers at least 15 days before the first hearing.
Clarity of the Rule
Executive Order 12866 (Regulatory Planning and Review) requires
each agency to write regulations and notices that are easy to
understand. We invite your comments on how to make this proposed rule
easier to understand, including answers to questions such as the
following: (1) Are the requirements in the proposed rule clearly
stated? (2) Does the proposed rule contain technical jargon that
interferes with the clarity? (3) Does the format of the proposed rule
(grouping and order of the sections, use of headings, paragraphing, and
so forth) aid or reduce its clarity? (4) Is the description of the
notice in the SUPPLEMENTARY INFORMATION section of the preamble helpful
in understanding the proposed rule? (5) What else could we do to make
this proposed rule easier to understand?
Send a copy of any comments on how we could make this proposed rule
easier
[[Page 48197]]
to understand to: Office of Regulatory Affairs, Department of the
Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. You may
e-mail your comments to this address: Exsec@ios.doi.gov.
Required Determinations
Regulatory Planning and Review
In accordance with Executive Order 12866, this document is a
significant rule in that it may raise novel legal and policy issues,
but it is not anticipated to have an annual effect on the economy of
$100 million or more or affect the economy in a material way. Due to
the tight timeline for publication in the Federal Register, the Office
of Management and Budget (OMB) has not formally reviewed this rule. We
are preparing a draft economic analysis of this proposed action, which
will be available for public comment, to determine the economic
consequences of designating the specific area as critical habitat. This
economic analysis also will be used to determine compliance with
Executive Order 12866, Regulatory Flexibility Act, Small Business
Regulatory Enforcement Fairness Act, Executive Order 12630, Executive
Order 13211, and Executive Order 12875.
Further, Executive Order 12866 directs Federal agencies
promulgating regulations to evaluate regulatory alternatives (Office of
Management and Budget, Circular A-4, September 17, 2003). Pursuant to
Circular A-4, once it has been determined that the Federal regulatory
action is appropriate, then the agency will need to consider
alternative regulatory approaches. Since the determination of critical
habitat is a statutory requirement under the Act, we must then evaluate
alternative regulatory approaches, where feasible, when promulgating a
designation of critical habitat.
In developing our designations of critical habitat, we consider
economic impacts, impacts to national security, and other relevant
impacts under section 4(b)(2) of the Act. Based on the discretion
allowable under this provision, we may exclude any particular area from
the designation of critical habitat providing that the benefits of such
exclusion outweigh the benefits of specifying the area as critical
habitat and that such exclusion would not result in the extinction of
the subspecies. As such, we believe that the evaluation of the
inclusion or exclusion of particular areas, or combination of both,
constitutes our regulatory alternative analysis.
Within these areas, the types of Federal actions or authorized
activities that we have identified as potential concerns are listed
above in the section on Section 7 Consultation. The availability of the
draft economic analysis will be announced in the Federal Register and
in local newspapers so that it is available for public review and
comments. At that time the draft economic analysis will be available
from the Internet Web site at http://www.fws.gov/sacramento/ or by
contacting the Sacramento Fish and Wildlife Office directly (see
ADDRESSES).
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effects of the rule on small entities (small businesses,
small organizations, and small government jurisdictions). However, no
regulatory flexibility analysis is required if the head of the agency
certifies the rule will not have a significant economic impact on a
substantial number of small entities. The SBREFA amended the Regulatory
Flexibility Act (RFA) to require Federal agencies to provide a
statement of the factual basis for certifying that the rule will not
have a significant economic impact on a substantial number of small
entities.
At this time, the Service lacks the available economic information
necessary to provide an adequate factual basis for the required RFA
finding. Therefore, the RFA finding is deferred until completion of the
draft economic analysis prepared under section 4(b)(2) of the Act and
Executive Order 12866. This draft economic analysis will provide the
required factual basis for the RFA finding. Upon completion of the
draft economic analysis, the Service will publish a notice of
availability of the draft economic analysis of the proposed revised
designation and reopen the public comment period for the proposed
revised designation. The Service will include with the notice of
availability, as appropriate, an initial regulatory flexibility
analysis or a certification that the rule will not have a significant
economic impact on a substantial number of small entities accompanied
by the factual basis for that determination. The Service has concluded
that deferring the RFA finding until completion of the draft economic
analysis is necessary to meet the purposes and requirements of the RFA.
Deferring the RFA finding in this manner will ensure that the Service
makes a sufficiently informed determination based on adequate economic
information and provides the necessary opportunity for public comment.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act (2 U.S.C.
1501), the Service makes the following findings:
(a) This rule will not produce a Federal mandate. In general, a
Federal mandate is a provision in legislation, statute, or regulation
that would impose an enforceable duty upon State, local, or Tribal
governments, or the private sector and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal
intergovernmental mandate'' includes a regulation that ``would impose
an enforceable duty upon State, local, or tribal governments'' with two
exceptions. It excludes ``a condition of Federal assistance.'' It also
excludes ``a duty arising from participation in a voluntary Federal
program,'' unless the regulation ``relates to a then-existing Federal
program under which $500,000,000 or more is provided annually to State,
local, and tribal governments under entitlement authority,'' if the
provision would ``increase the stringency of conditions of assistance''
or ``place caps upon, or otherwise decrease, the Federal Government's
responsibility to provide funding,'' and the State, local, or Tribal
governments ``lack authority'' to adjust accordingly. At the time of
enactment, these entitlement programs were: Medicaid; AFDC work
programs; Child Nutrition; Food Stamps; Social Services Block Grants;
Vocational Rehabilitation State Grants; Foster Care, Adoption
Assistance, and Independent Living; Family Support Welfare Services;
and Child Support Enforcement. ``Federal private sector mandate''
includes a regulation that ``would impose an enforceable duty upon the
private sector, except (i) a condition of Federal assistance or (ii) a
duty arising from participation in a voluntary Federal program.''
The designation of critical habitat does not impose a legally
binding duty on non-Federal government entities or private parties.
Under the Act, the only regulatory effect is that Federal agencies must
ensure that their actions do not destroy or adversely modify critical
[[Page 48198]]
habitat under section 7. While non-Federal entities that receive
Federal funding, assistance, or permits, or that otherwise require
approval or authorization from a Federal agency for an action may be
indirectly impacted by the designation of critical habitat, the legally
binding duty to avoid destruction or adverse modification of critical
habitat rests squarely on the Federal agency. Furthermore, to the
extent that non-Federal entities are indirectly impacted because they
receive Federal assistance or participate in a voluntary Federal aid
program, the Unfunded Mandates Reform Act would not apply, nor would
critical habitat shift the costs of the large entitlement programs
listed above on to State governments.
(b) Due to current public knowledge of the species' protection, the
prohibition against take of the species both within and outside of the
designated areas, the fact that the majority of the areas are already
designated as critical habitat, and the fact that critical habitat
provides no incremental restrictions, we do not anticipate that this
rule will significantly or uniquely affect small governments. As such,
Small Government Agency Plan is not required. However, we will further
evaluate this issue as we conduct our economic analysis and revise this
assessment if appropriate.
Executive Order 13211
On May 18, 2001, the President issued an Executive Order (E.O.
13211; Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use) on regulations that significantly affect
energy supply, distribution, and use. Executive Order 13211 requires
agencies to prepare Statements of Energy Effects when undertaking
certain actions. While this proposed rule to designate revised critical
habitat for the bay checkerspot butterfly is a significant regulatory
action under Executive Order 12866 in that it may raise novel legal and
policy issues, it is not expected to significantly affect energy
supplies, distribution, or use. Therefore, this action is not a
significant energy action, and no Statement of Energy Effects is
required. However, we will, further evaluate this issue as we conduct
our economic analysis and review and revise this assessment as
warranted.
Takings
In accordance with Executive Order 12630 (``Government Actions and
Interference with Constitutionally Protected Private Property
Rights''), we have analyzed the potential takings implications of
designating revised critical habitat for the bay checkerspot butterfly
in a takings implications assessment. The takings implications
assessment concludes that this proposed revised designation of critical
habitat for the bay checkerspot butterfly does not pose significant
takings implications. However, we will, further evaluate this issue as
we conduct our economic analysis and review and revise this assessment
as warranted.
Federalism
In accordance with Executive Order 13132 (Federalism), this rule
does not have significant Federalism effects. A Federalism assessment
is not required. In keeping with Department of the Interior and
Department of Commerce policy, we requested information from, and
coordinated development of, this proposed revised critical habitat
designation with appropriate State resource agencies in California. The
designation of critical habitat in areas currently occupied by the bay
checkerspot butterfly imposes no additional restrictions to those
currently in place and, therefore, has little incremental impact on
State and local governments and their activities. The designation may
have some benefit to these governments in that the areas that contain
the features essential to the conservation of the species are more
clearly defined, and the PCEs of the habitat necessary to the
conservation of the species are specifically identified. While making
this definition and identification does not alter where and what
federally sponsored activities may occur, it may assist these local
governments in long-range planning (rather than having the government
wait for case-by-case section 7 consultations to occur).
Civil Justice Reform
In accordance with Executive Order 12988 (Civil Justice Reform),
the Office of the Solicitor has determined that this rule does not
unduly burden the judicial system and meets the requirements of
sections 3(a) and 3(b)(2) of the Order. We have proposed revised
critical habitat in accordance with the provisions of the Act. This
proposed rule uses standard property descriptions and identifies the
PCEs within the designated areas to assist the public in understanding
the habitat needs of the bay checkerspot butterfly.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain any new collections of information that
require approval by OMB under the Paperwork Reduction Act. This rule
will not impose recordkeeping or reporting requirements on State or
local governments, individuals, businesses, or organizations. An agency
may not conduct or sponsor, and a person is not required to respond to,
a collection of information unless it displays a currently valid OMB
control number.
National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.)
It is our position that, outside the jurisdiction of the Tenth
Federal Circuit, we do not need to prepare environmental analyses as
defined by the NEPA in connection with designating critical habitat
under the Act. We published a notice outlining our reasons for this
determination in the Federal Register on October 25, 1983 (48 FR
49244). This assertion was upheld by the Ninth Circuit Court of Appeals
(Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. Ore. 1995), cert.
denied 116 S. Ct. 698 (1996)).
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, and the Department
of Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997, ``American Indian Tribal
Rights, Federal-Tribal Trust Responsibilities, and the Endangered
Species Act,'' we readily acknowledge our responsibilities to work
directly with tribes in developing programs for healthy ecosystems, to
acknowledge that tribal lands are not subject to the same controls as
Federal public lands, to remain sensitive to Indian culture, and to
make information available to tribes. We have determined that there are
no tribal lands occupied at the time of listing that contain the
features essential for the conservation, and no Tribal lands that are
unoccupied areas that are essential for the conservation, of the bay
checkerspot butterfly. Therefore, revised critical habitat for the bay
checkerspot butterfly has not been proposed on Tribal lands.
References Cited
A complete list of all references cited in this proposed rulemaking
is available upon request from the Field Supervisor,
[[Page 48199]]
Sacramento Fish and Wildlife Office (see ADDRESSES).
Author(s)
The primary author of this package is the Sacramento Fish and
Wildlife Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. In Sec. 17.95(i), revise the entry for ``Bay checkerspot
butterfly (Euphydryas editha bayensis)'' to read as follows:
Sec. 17.95 Critical habitat--wildlife.
* * * * *
(i) Insects.
* * * * *
Bay Checkerspot Butterfly (Euphydryas editha bayensis)
(1) Critical habitat units are depicted for San Mateo and Santa
Clara Counties, California, on the maps below.
(2) The primary constituent elements of critical habitat for the
bay checkerspot butterfly are the habitat components that provide:
(i) The presence of annual or perennial grasslands with little to
no overstory that provide north/south and east/west slopes with a tilt
of more than 7 degrees for larval host plant survival during periods of
atypical weather (e.g., drought). Common grassland species include wild
oats (Avena fatua), soft chess (Bromus hordeaceus), California oatgrass
(Danthonia californica), purple needlegrass (Nassella pulchra), and
Idaho fescue (Festuca idahoensis); less abundant in these grasslands
are annual and perennial forbs such as filaree (Erodium botrys), true
clovers (Trifolium sp.), dwarf plantain (Plantago erecta), and turkey
mullein (Croton setigerus).
(ii) The presence of the primary larval host plant, dwarf plantain
(Plantago erecta) and at least one of the secondary host plants, purple
owl's-clover (Castilleja densiflora) or exserted paintbrush (Castilleja
exserta), are required for reproduction, feeding, and larval
development.
(iii) The presence of adult nectar sources for feeding. Common
nectar sources include desertparsley (Lomatium spp.), California
goldfields (Lasthenia californica), tidy-tips (Layia platyglossa), sea
muilla (Muilla maritima), scytheleaf onion (Allium falcifolium), false
babystars (Linanthus androsaceus), and intermediate fiddleneck
(Amsinckia intermedia).
(iv) Aquatic features such as wetlands, springs, seeps, streams,
lakes, and ponds and their associated banks, that provide moisture
during periods of spring drought; these features can be ephemeral,
seasonal, or permanent.
(v) Soils derived from serpentinite ultramafic rock (Montara,
Climara, Henneke, Hentine, and Obispo soil series) or similar soils
(Inks, Candlestick, Los Gatos, Fagan, and Barnabe soil series) that
provide areas with fewer aggressive, nonnative plant species for larval
host plant and adult nectar plant survival and reproduction.
(vi) The presence of stable holes and cracks in the soil, and
surface rock outcrops that provide shelter for the larval stage of the
bay checkerspot butterfly during summer diapause.
(3) Critical habitat does not include manmade structures (such as
buildings, aqueducts, runways, roads, and other paved areas) and the
land on which they are located existing on the effective date of this
rule and not containing one or more of the primary constituent
elements.
(4) Critical habitat map units. Data layers defining map units were
created on a base of USGS 7.5' quadrangles using USDA National
Agricultural Imagery Program (NAIP) county-wide MrSID compressed
mosaics of 1 meter resolution and natural color aerial photography from
summer 2005. Critical habitat units were then mapped using Universal
Transverse Mercator (UTM) zone 10, North American Datum (NAD) 1983
coordinates.
(5) Note: Index map for bay checkerspot butterfly critical habitat
units (Map 1) follows:
BILLING CODE 4310-55-P
[[Page 48200]]
[GRAPHIC] [TIFF OMITTED] TP22AU07.013
[[Page 48201]]
(6) Unit 1 for bay checkerspot butterfly: San Bruno Mountain, San
Mateo County, California. From USGS 1:24,000 scale quadrangle San
Francisco South.
(i) Unit 1: Land bounded by the following UTM zone 10, NAD 1983
coordinates (E,N):; 52853, 4170062; 52856, 4170038; 52862, 4170043;
52866, 4170045; 52889, 4170061; 52915, 4170074; 52940, 4170084; 52970,
4170091; 52991, 4170102; 53010, 4170112; 53036, 4170134; 53057,
4170130; 53070, 4170151; 53089, 4170171; 53112, 4170170; 53135,
4170154; 53153, 4170109; 53184, 4170104; 53203, 4170081; 53207,
4170041; 53201, 4169958; 53214, 4169958; 53241, 4169938; 53257,
4169970; 53281, 4169974; 53303, 4169965; 53323, 4169971; 53344,
4169964; 53355, 4169943; 53374, 4169943; 53402, 4169930; 53404,
4169906; 53428, 4169900; 53458, 4169913; 53489, 4169909; 53527,
4169898; 53563, 4169900; 53592, 4169902; 53627, 4169892; 53656,
4169877; 53671, 4169859; 53713, 4169856; 53710, 4169804; 53665,
4169711; 53618, 4169606; 53604, 4169575; 53559, 4169488; 53521,
4169481; 53492, 4169479; 53478, 4169457; 53474, 4169413; 53454,
4169388; 53434, 4169364; 53387, 4169340; 53357, 4169322; 53336,
4169300; 53317, 4169269; 53301, 4169264; 53287, 4169242; 53260,
4169178; 53235, 4169105; 53164, 4169029; 53100, 4169010; 53101,
4168943; 53069, 4168920; 53013, 4168954; 52936, 4168954; 52882,
4169005; 52824, 4169051; 52752, 4169071; 52718, 4169074; 52650,
4169066; 52628, 4169020; 52610, 4168977; 52552, 4168965; 52580,
4169045; 52440, 4169117; 52362, 4169110; 52352, 4169041; 52235,
4169066; 52242, 4169257; 52198, 4169347; 52168, 4169354; 52159,
4169382; 52152, 4169426; 52142, 4169428; 52127, 4169422; 52107,
4169432; 52094, 4169445; 52088, 4169459; 52083, 4169491; 52068,
4169488; 52054, 4169493; 52049, 4169483; 52049, 4169465; 52046,
4169432; 52038, 4169413; 52024, 4169400; 52010, 4169390; 51996,
4169388; 51993, 4169373; 51990, 4169352; 51989, 4169338; 51977,
4169310; 51954, 4169295; 51930, 4169292; 51912, 4169296; 51896,
4169310; 51876, 4169332; 51849, 4169369; 51827, 4169382; 51815,
4169391; 51792, 4169390; 51759, 4169390; 51747, 4169402; 51752,
4169424; 51760, 4169437; 51769, 4169458; 51771, 4169481; 51797,
4169559; 51721, 4169595; 51695, 4169469; 51667, 4169464; 51647,
4169469; 51623, 4169501; 51589, 4169527; 51592, 4169674; 51570,
4169677; 51550, 4169674; 51508, 4169668; 51477, 4169671; 51435,
4169674; 51423, 4169719; 51419, 4169736; 51408, 4169731; 51394,
4169713; 51379, 4169697; 51354, 4169691; 51341, 4169690; 51337,
4169681; 51315, 4169681; 51303, 4169689; 51279, 4169713; 51229,
4169810; 51184, 4169770; 51171, 4169745; 51155, 4169731; 51135,
4169723; 51129, 4169719; 51129, 4169710; 51129, 4169690; 51127,
4169669; 51118, 4169651; 51104, 4169629; 51086, 4169609; 51061,
4169598; 51035, 4169591; 50999, 4169589; 50967, 4169591; 50935,
4169599; 50913, 4169616; 50896, 4169638; 50882, 4169668; 50844,
4169623; 50831, 4169611; 50810, 4169588; 50792, 4169588; 50777,
4169590; 50760, 4169600; 50748, 4169602; 50738, 4169589; 50731,
4169574; 50731, 4169561; 50736, 4169542; 50740, 4169517; 50741,
4169495; 50736, 4169475; 50729, 4169463; 50723, 4169447; 50722,
4169430; 50718, 4169415; 50710, 4169399; 50701, 4169385; 50690,
4169374; 50679, 4169365; 50674, 4169349; 50664, 4169330; 50655,
4169312; 50635, 4169299; 50623, 4169292; 50613, 4169284; 50613,
4169268; 50597, 4169255; 50583, 4169239; 50580, 4169215; 50583,
4169191; 50613, 4169153; 50665, 4169090; 50650, 4169068; 50617,
4169048; 50572, 4169043; 50542, 4169042; 50519, 4169048; 50498,
4169052; 50483, 4169061; 50461, 4169073; 50444, 4169085; 50387,
4169124; 50362, 4169151; 50346, 4169178; 50322, 4169174; 50297,
4169175; 50279, 4169181; 50235, 4169183; 50203, 4169194; 50169,
4169217; 50139, 4169238; 50122, 4169250; 50104, 4169267; 50081,
4169290; 50073, 4169317; 50068, 4169345; 50069, 4169377; 50070,
4169388; 50068, 4169402; 50068, 4169418; 50076, 4169438; 50087,
4169455; 50087, 4169464; 50068, 4169486; 50054, 4169509; 50044,
4169534; 50035, 4169557; 50033, 4169584; 50034, 4169608; 50040,
4169631; 50045, 4169650; 50050, 4169664; 50055, 4169673; 50059,
4169686; 50068, 4169712; 50078, 4169734; 50090, 4169776; 50096,
4169811; 50117, 4169844; 50136, 4169877; 50152, 4169904; 50180,
4169920; 50235, 4169925; 50279, 4169932; 50323, 4169940; 50364,
4169954; 50399, 4169970; 50412, 4169998; 50435, 4170034; 50460,
4170069; 50490, 4170103; 50485, 4170138; 50482, 4170165; 50479,
4170188; 50491, 4170214; 50483, 4170257; 50495, 4170295; 50515,
4170330; 50547, 4170370; 50580, 4170407; 50613, 4170479; 50624,
4170446; 50640, 4170421; 50667, 4170395; 50706, 4170376; 50730,
4170351; 50756, 4170336; 50784, 4170314; 50799, 4170279; 50794,
4170250; 50767, 4170227; 50774, 4170205; 50811, 4170182; 50851,
4170185; 50881, 4170201; 50892, 4170233; 50944, 4170243; 50957,
4170277; 50980, 4170307; 51017, 4170327; 51050, 4170349; 51063,
4170366; 51069, 4170404; 51069, 4170462; 51093, 4170507; 51112,
4170535; 51128, 4170569; 51159, 4170601; 51180, 4170643; 51195,
4170685; 51203, 4170750; 51268, 4170754; 51274, 4170805; 51322,
4170818; 51364, 4170820; 51385, 4170786; 51354, 4170744; 51345,
4170699; 51303, 4170619; 51206, 4170481; 51188, 4170457; 51133,
4170443; 51104, 4170432; 51101, 4170397; 51113, 4170364; 51119,
4170341; 51150, 4170331; 51167, 4170314; 51187, 4170309; 51214,
4170298; 51227, 4170315; 51243, 4170321; 51262, 4170291; 51287,
4170284; 51316, 4170276; 51343, 4170291; 51382, 4170291; 51427,
4170277; 51455, 4170354; 51495, 4170371; 51506, 4170328; 51536,
4170284; 51569, 4170288; 51589, 4170279; 51614, 4170278; 51628,
4170264; 51622, 4170249; 51626, 4170230; 51629, 4170215; 51643,
4170211; 51657, 4170201; 51673, 4170196; 51689, 4170185; 51711,
4170180; 51736, 4170180; 51767, 4170176; 51793, 4170180; 51823,
4170182; 51845, 4170150; 51843, 4170122; 51871, 4170112; 51874,
4170144; 51879, 4170178; 51893, 4170205; 51914, 4170246; 51916,
4170287; 51943, 4170335; 51944, 4170395; 51956, 4170442; 51967,
4170500; 51964, 4170535; 51947, 4170559; 51929, 4170584; 51937,
4170647; 51943, 4170683; 51944, 4170710; 51919, 4170764; 51916,
4170789; 51925, 4170815; 51944, 4170850; 51955, 4170879; 51974,
4170905; 51980, 4170939; 51981, 4170982; 51997, 4170985; 52017,
4170989; 52040, 4170986; 52056, 4170972; 52076, 4170953; 52091,
4170957; 52113, 4170977; 52150, 4170992; 52173, 4170975; 52186,
4170953; 52150, 4170924; 52147, 4170872; 52166, 4170834; 52169,
4170799; 52160, 4170686; 52125, 4170673; 52125, 4170651; 52160,
4170651; 52157, 4170619; 52131, 4170600; 52141, 4170564; 52173,
4170564; 52176, 4170503; 52128,
[[Page 48202]]
4170295; 52125, 4170263; 52134, 4170222; 52153, 4170202; 52176,
4170190; 52214, 4170190; 52243, 4170206; 52266, 4170196; 52266,
4170129; 52236, 4170086; 52202, 4170051; 52145, 4169994; 52165,
4169960; 52221, 4169933; 52269, 4169930; 52319, 4169895; 52385,
4169894; 52425, 4169868; 52461, 4169881; 52449, 4170010; 52462,
4170073; 52488, 4170158; 52518, 4170166; 52539, 4170168; 52560,
4170160; 52575, 4170162; 52596, 4170173; 52616, 4170174; 52651,
4170154; 52683, 4170159; 52723, 4170154; 52754, 4170155; 52782,
4170155; 52805, 4170147; 52831, 4170134; 52847, 4170094; returning to
52853, 4170062.
(ii) Note: Map of Unit 1 for bay checkerspot butterfly (Map 2)
follows:
BILLING CODE 4310-55-P
[[Page 48203]]
[GRAPHIC] [TIFF OMITTED] TP22AU07.014
(7) Unit 2 for bay checkerspot butterfly: Pulgas Ridge, San Mateo
County, California. From USGS 1:24,000 scale quadrangle San Mateo.
(i) Unit 2: Land bounded by the following UTM zone 10, NAD 1983
[[Page 48204]]
coordinates (E,N): 558502, 4151442; 558422, 4151451; 558339, 4151484;
558223, 4151555; 558094, 4151656; 557957, 4151788; 557745, 4152013;
557545, 4152228; 557398, 4152392; 557274, 4152523; 557191, 4152632;
557123, 4152751; 557076, 4152838; 557061, 4152902; 557012, 4153060;
557027, 4153077; 557027, 4153130; 556994, 4153145; 556961, 4153171;
556939, 4153182; 556936, 4153216; 556913, 4153220; 556880, 4153242;
556868, 4153273; 556867, 4153329; 557060, 4153350; 557277, 4153095;
557358, 4153009; 557407, 4152900; 557494, 4152681; 557576, 4152631;
557851, 4152470; 558104, 4152134; 558210, 4152004; 558320, 4151850;
558268, 4151803; 558302, 4151758; 558363, 4151800; 558474, 4151666;
558625, 4151470; 558602, 4151463; 558557, 4151448; returning to 558502,
4151442.
(ii) Note: Map of Unit 2 for bay checkerspot butterfly (Map 3)
follows:
BILLING CODE 4310-55-P
[[Page 48205]]
[GRAPHIC] [TIFF OMITTED] TP22AU07.015
[[Page 48206]]
(8) Unit 3 for bay checkerspot butterfly: Edgewood Park, San Mateo
County, California. From USGS 1:24,000 scale quadrangle Woodside.
(i) Unit 3: Land bounded by the following UTM zone 10, NAD 1983
coordinates (E,N): 564162, 4146806; 564197, 4146796; 564234, 4146748;
564270, 4146731; 564196, 4146657; 564182, 4146642; 564169, 4146630;
564154, 4146615; 564142, 4146585; 564128, 4146601; 564108, 4146585;
564097, 4146565; 564092, 4146540; 564078, 4146514; 564061, 4146457;
564032, 4146525; 564003, 4146549; 563949, 4146575; 563903, 4146582;
563868, 4146576; 563834, 4146542; 563809, 4146492; 563808, 4146448;
563842, 4146394; 563811, 4146384; 563774, 4146364; 563747, 4146377;
563726, 4146394; 563702, 4146416; 563668, 4146413; 563684, 4146384;
563656, 4146377; 563626, 4146409; 563555, 4146423; 563533, 4146403;
563533, 4146374; 563520, 4146338; 563543, 4146316; 563596, 4146356;
563604, 4146338; 563576, 4146297; 563520, 4146284; 563450, 4146312;
563396, 4146314; 563360, 4146293; 563338, 4146263; 563340, 4146229;
563365, 4146198; 563424, 4146176; 563464, 4146140; 563488, 4146094;
563459, 4146043; 563420, 4146003; 563361, 4145965; 563305, 4145945;
563215, 4145902; 563106, 4145980; 563077, 4145966; 563050, 4145976;
563014, 4145948; 562923, 4146053; 562820, 4146153; 562674, 4146184;
562550, 4146190; 562503, 4146146; 562432, 4146134; 562367, 4146141;
562337, 4146177; 562290, 4146269; 562106, 4146315; 562126, 4146380;
562087, 4146395; 562148, 4146523; 562121, 4146554; 562162, 4146602;
562260, 4146697; 562284, 4146723; 562369, 4146818; 562418, 4146870;
562467, 4146918; 562548, 4147005; 562667, 4147115; 562724, 4147186;
562744, 4147200; 562771, 4147206; 562796, 4147214; 562816, 4147212;
562849, 4147216; 562862, 4147203; 562874, 4147191; 562858, 4147160;
562876, 4147148; 562907, 4147149; 562915, 4147187; 562936, 4147221;
562955, 4147207; 562963, 4147174; 563001, 4147137; 563034, 4147121;
563052, 4147122; 563063, 4147135; 563063, 4147160; 563070, 4147174;
563098, 4147180; 563141, 4147173; 563179, 4147179; 563199, 4147187;
563196, 4147227; 563164, 4147243; 563156, 4147274; 563140, 4147290;
563124, 4147308; 563103, 4147329; 563087, 4147356; 563093, 4147379;
563113, 4147405; 563138, 4147424; 563196, 4147403; 563228, 4147396;
563247, 4147392; 563256, 4147354; 563275, 4147334; 563304, 4147313;
563304, 4147357; 563312, 4147395; 563324, 4147437; 563329, 4147458;
563336, 4147478; 563334, 4147508; 563354, 4147530; 563371, 4147543;
563411, 4147539; 563440, 4147526; 563465, 4147513; 563468, 4147488;
563457, 4147462; 563446, 4147441; 563436, 4147420; 563429, 4147405;
563422, 4147390; 563415, 4147377; 563414, 4147360; 563406, 4147327;
563408, 4147272; 563443, 4147244; 563457, 4147229; 563480, 4147222;
563502, 4147229; 563517, 4147251; 563534, 4147276; 563553, 4147283;
563569, 4147282; 563595, 4147274; 563623, 4147264; 563646, 4147239;
563645, 4147181; 563608, 4147135; 563604, 4147096; 563609, 4147060;
563647, 4147048; 563675, 4147047; 563668, 4147013; 563671, 4146982;
563673, 4146964; 563675, 4146954; 563669, 4146934; 563697, 4146903;
563739, 4146896; 563788, 4146903; 563825, 4146934; 563853, 4146979;
563862, 4146993; 563882, 4147004; 563902, 4147007; 563915, 4147002;
563912, 4146981; 563900, 4146963; 563883, 4146944; 563881, 4146913;
563889, 4146885; 563888, 4146855; 563858, 4146857; 563817, 4146861;
563749, 4146833; 563727, 4146798; 563744, 4146751; 563776, 4146699;
563799, 4146661; 563863, 4146689; 563971, 4146735; 563979, 4146753;
563997, 4146758; 564017, 4146756; 564030, 4146769; 564048, 4146778;
564080, 4146775; 564099, 4146784; 564131, 4146803; returning to 564162,
4146806.
(ii) Note: Map of Unit 3 for bay checkerspot butterfly (Map 4)
follows:
BILLING CODE 4310-55-P
[[Page 48207]]
[GRAPHIC] [TIFF OMITTED] TP22AU07.016
[[Page 48208]]
(9) Unit 4 for bay checkerspot butterfly: Jasper Ridge, San Mateo
County, California. From USGS 1:24,000 scale quadrangle Palo Alto.
(i) Unit 4: Land bounded by the following UTM zone 10, NAD 1983
coordinates (E,N): 569513, 4139881; 569524, 4139862; 569550, 4139849;
569569, 4139829; 569580, 4139812; 569578, 4139791; 569578, 4139780;
569605, 4139771; 569631, 4139770; 569696, 4139789; 569703, 4139764;
569676, 4139743; 569686, 4139716; 569736, 4139668; 569782, 4139670;
569815, 4139659; 569839, 4139671; 569869, 4139687; 569893, 4139716;
569915, 4139714; 569954, 4139692; 569993, 4139680; 570014, 4139658;
570027, 4139642; 570046, 4139627; 569983, 4139608; 568859, 4139177;
568865, 4139205; 568889, 4139237; 568921, 4139265; 568951, 4139280;
568962, 4139308; 568947, 4139319; 568908, 4139319; 568882, 4139319;
568882, 4139327; 568885, 4139340; 568885, 4139353; 568876, 4139355;
568869, 4139342; 568848, 4139319; 568831, 4139278; 568816, 4139261;
568797, 4139250; 568775, 4139252; 568758, 4139261; 568747, 4139261;
568736, 4139274; 568745, 4139299; 568749, 4139323; 568728, 4139344;
568702, 4139342; 568674, 4139342; 568666, 4139342; 568664, 4139362;
568676, 4139387; 568698, 4139407; 568743, 4139411; 568771, 4139411;
568805, 4139411; 568816, 4139441; 568846, 4139490; 568852, 4139520;
568852, 4139527; 568844, 4139531; 568833, 4139507; 568788, 4139495;
568771, 4139495; 568749, 4139505; 568741, 4139527; 568730, 4139548;
568724, 4139548; 568713, 4139531; 568694, 4139518; 568685, 4139503;
568674, 4139501; 568657, 4139501; 568642, 4139495; 568627, 4139484;
568603, 4139473; 568597, 4139499; 568603, 4139512; 568520, 4139578;
568505, 4139565; 568475, 4139565; 568470, 4139574; 568479, 4139595;
568485, 4139621; 568481, 4139625; 568462, 4139617; 568425, 4139604;
568400, 4139604; 568389, 4139623; 568389, 4139641; 568391, 4139668;
568404, 4139688; 568410, 4139705; 568410, 4139722; 568412, 4139741;
568417, 4139746; 568408, 4139752; 568389, 4139737; 568361, 4139718;
568325, 4139694; 568314, 4139694; 568307, 4139703; 568322, 4139737;
568335, 4139765; 568348, 4139791; 568335, 4139793; 568315, 4139789;
568305, 4139799; 568296, 4139814; 568270, 4139808; 568246, 4139783;
568225, 4139748; 568210, 4139748; 568210, 4139778; 568221, 4139803;
568247, 4139836; 568261, 4139857; 568252, 4139870; 568210, 4139863;
568165, 4139858; 568142, 4139865; 568145, 4139890; 568159, 4139919;
568152, 4139934; 568108, 4139937; 568099, 4139966; 568083, 4139989;
568070, 4140011; 568066, 4140038; 568090, 4140032; 568131, 4139998;
568168, 4139984; 568203, 4139975; 568250, 4139976; 568279, 4139979;
568289, 4139967; 568294, 4139945; 568303, 4139922; 568324, 4139914;
568345, 4139906; 568371, 4139896; 568407, 4139913; 568461, 4139913;
568495, 4139923; 568526, 4139951; 568571, 4140000; 568574, 4140034;
568543, 4140051; 568497, 4140049; 568467, 4140066; 568430, 4140076;
568397, 4140063; 568353, 4140055; 568300, 4140059; 568250, 4140072;
568225, 4140087; 568205, 4140107; 568200, 4140141; 568207, 4140177;
568200, 4140183; 568163, 4140157; 568082, 4140161; 568023, 4140180;
568005, 4140193; 567998, 4140211; 568015, 4140225; 568027, 4140241;
568028, 4140259; 568006, 4140269; 567984, 4140271; 567967, 4140280;
567962, 4140301; 567948, 4140320; 567930, 4140339; 567915, 4140373;
567904, 4140392; 567938, 4140398; 567980, 4140405; 568008, 4140418;
568001, 4140442; 567988, 4140457; 568031, 4140467; 568098, 4140470;
568123, 4140484; 568166, 4140471; 568183, 4140472; 568180, 4140494;
568172, 4140517; 568147, 4140543; 568153, 4140554; 568184, 4140561;
568209, 4140577; 568249, 4140579; 568285, 4140585; 568318, 4140597;
568356, 4140608; 568383, 4140600; 568423, 4140577; 568471, 4140580;
568488, 4140590; 568483, 4140612; 568507, 4140625; 568551, 4140623;
568572, 4140632; 568606, 4140653; 568658, 4140676; 568681, 4140691;
568705, 4140693; 568723, 4140687; 568741, 4140684; 568762, 4140673;
568807, 4140653; 568830, 4140634; 568862, 4140607; 568873, 4140591;
568894, 4140584; 568891, 4140566; 568881, 4140556; 568856, 4140536;
568838, 4140520; 568834, 4140499; 568812, 4140474; 568803, 4140445;
568791, 4140422; 568786, 4140395; 568739, 4140382; 568733, 4140366;
568719, 4140353; 568682, 4140355; 568648, 4140350; 568651, 4140331;
568668, 4140312; 568672, 4140286; 568653, 4140278; 568668, 4140256;
568713, 4140235; 568736, 4140273; 568769, 4140284; 568805, 4140303;
568827, 4140297; 568848, 4140312; 568872, 4140321; 568918, 4140335;
568964, 4140327; 569000, 4140248; 569024, 4140226; 569058, 4140256;
569097, 4140267; 569129, 4140244; 569166, 4140211; 569186, 4140185;
569202, 4140165; 569217, 4140136; 569219, 4140119; 569228, 4140106;
569240, 4140094; 569260, 4140088; 569282, 4140073; 569286, 4140045;
569284, 4140017; 569286, 4139986; 569279, 4139961; 569254, 4139955;
569242, 4139943; 569217, 4139920; 569211, 4139900; 569246, 4139893;
569275, 4139877; 569305, 4139877; 569342, 4139883; 569367, 4139919;
569404, 4139945; 569434, 4139949; 569455, 4139945; 569485, 4139917;
returning to 569513, 4139881.
(ii) Note: Map of Unit 4 for bay checkerspot butterfly (Map 5)
follows:
BILLING CODE 4310-55-P
[[Page 48209]]
[GRAPHIC] [TIFF OMITTED] TP22AU07.017
[[Page 48210]]
(10) Unit 5 for bay checkerspot butterfly: Coyote Ridge, Santa
Clara County, California. From USGS 1:24,000 scale quadrangles San Jose
East, Lick Observatory, Santa Teresa Hills, and Morgan Hill.
(i) Unit 5: Land bounded by the following UTM zone 10, NAD 1983
coordinates (E,N): 607067, 4127789; 607267, 4127710; 607475, 4127729;
607713, 4127722; 607817, 4127626; 607733, 4127426; 607803, 4127314;
607825, 4127248; 607762, 4127173; 607740, 4127113; 607808, 4127063;
607894, 4127046; 608043, 4127019; 608116, 4126921; 608123, 4126707;
608000, 4126634; 607880, 4126543; 607769, 4126507; 607654, 4126497;
607668, 4126413; 607779, 4126408; 607805, 4126324; 608058, 4126129;
608255, 4125992; 608610, 4125722; 608893, 4125417; 609482, 4125417;
609838, 4125398; 610196, 4125396; 610302, 4125557; 610370, 4125506;
610487, 4125492; 610584, 4125439; 610692, 4125442; 610769, 4125405;
610827, 4125316; 610877, 4125249; 610937, 4125251; 610947, 4125345;
610759, 4125562; 610815, 4125701; 610858, 4125797; 610945, 4125841;
611101, 4125858; 611199, 4125833; 611308, 4125853; 611356, 4125884;
611424, 4125805; 611461, 4125744; 611542, 4125723; 611602, 4125671;
611673, 4125610; 611808, 4125456; 611970, 4125331; 612147, 4125249;
612322, 4125103; 612539, 4124931; 612515, 4124823; 612590, 4124756;
612648, 4124664; 612753, 4124575; 612773, 4124506; 612879, 4124335;
612972, 4124219; 613073, 4124178; 613129, 4124085; 613251, 4123917;
612901, 4123110; 612999, 4123014; 613100, 4122932; 613193, 4122893;
613280, 4122832; 613351, 4122715; 613426, 4122657; 613489, 4122657;
613563, 4122662; 613669, 4122607; 613741, 4122596; 613761, 4121952;
613847, 4121872; 613918, 4121781; 613988, 4121649; 614098, 4121520;
614145, 4121459; 614160, 4121384; 614120, 4121332; 614113, 4121264;
614125, 4121201; 614245, 4121185; 614310, 4121161; 614342, 4121127;
614393, 4121110; 614418, 4121079; 614433, 4121039; 614479, 4121095;
614513, 4121108; 614547, 4121103; 614579, 4121103; 614616, 4121102;
614628, 4121071; 614610, 4121032; 614633, 4121024; 614691, 4121025;
614737, 4121019; 614760, 4120988; 614750, 4120961; 614713, 4120939;
614711, 4120903; 614703, 4120876; 614718, 4120863; 614731, 4120832;
614743, 4120810; 614774, 4120852; 614784, 4120819; 614904, 4120878;
614919, 4120849; 614913, 4120812; 614919, 4120775; 614897, 4120730;
614874, 4120715; 614886, 4120686; 614891, 4120659; 614921, 4120671;
614969, 4120678; 614999, 4120664; 614999, 4120625; 614974, 4120593;
614980, 4120547; 614950, 4120517; 614942, 4120488; 614970, 4120470;
614986, 4120424; 614996, 4120339; 615037, 4120410; 615163, 4120270;
615782, 4119656; 615873, 4119555; 616483, 4119029; 616524, 4118999;
616548, 4118936; 616751, 4118743; 617140, 4118453; 617213, 4118434;
617322, 4118406; 617774, 4118066; 617873, 4118037; 617986, 4118057;
618040, 4118015; 617983, 4117993; 617934, 4117940; 617896, 4117916;
617930, 4117901; 617984, 4117896; 618000, 4117874; 618032, 4117863;
618054, 4117849; 618052, 4117820; 618027, 4117810; 618025, 4117766;
618067, 4117760; 618067, 4117728; 618144, 4117713; 618222, 4117720;
618262, 4117696; 618278, 4117655; 618256, 4117633; 618279, 4117591;
618286, 4117527; 618323, 4117503; 618317, 4117455; 618359, 4117439;
618413, 4117435; 618427, 4117461; 618457, 4117471; 618489, 4117476;
618489, 4117501; 618516, 4117516; 618545, 4117506; 618559, 4117469;
618589, 4117466; 618618, 4117430; 618642, 4117442; 618642, 4117477;
618684, 4117503; 618711, 4117527; 618730, 4117550; 618760, 4117564;
618797, 4117553; 618818, 4117545; 618836, 4117511; 618852, 4117500;
618877, 4117494; 618874, 4117457; 618894, 4117445; 618932, 4117427;
618932, 4117442; 618957, 4117445; 618976, 4117432; 618976, 4117393;
619062, 4117364; 619092, 4117373; 619113, 4117369; 619111, 4117323;
619145, 4117283; 619062, 4117188; 619058, 4117150; 619037, 4117123;
618984, 4117044; 619147, 4117114; 619236, 4117123; 619294, 4117077;
619329, 4117080; 619357, 4117092; 619387, 4117074; 619392, 4117037;
619382, 4117011; 619414, 4117004; 619446, 4116993; 619441, 4116938;
619469, 4116920; 619402, 4116823; 619440, 4116755; 619489, 4116757;
619515, 4116739; 619583, 4116708; 619659, 4116774; 619806, 4116613;
619745, 4116580; 619760, 4116519; 619876, 4116570; 619891, 4116539;
619874, 4116459; 619970, 4116340; 619915, 4116290; 619854, 4116284;
619808, 4116227; 619760, 4116188; 619866, 4116164; 619958, 4116213;
620004, 4116181; 619951, 4116136; 619968, 4116109; 620048, 4116152;
620070, 4116140; 620015, 4116025; 620025, 4115996; 620097, 4116077;
620139, 4116040; 620177, 4116007; 620101, 4115906; 619985, 4115879;
619949, 4115869; 619900, 4115865; 619923, 4115831; 619979, 4115805;
620021, 4115779; 620052, 4115780; 620086, 4115760; 620115, 4115725;
620141, 4115694; 620199, 4115750; 620290, 4115727; 620413, 4115661;
620583, 4115555; 620617, 4115454; 620788, 4115324; 620903, 4115266;
620995, 4115260; 621058, 4115374; 621097, 4115435; 621107, 4115413;
621122, 4115390; 621149, 4115374; 621156, 4115344; 621200, 4115254;
621608, 4115039; 621668, 4115004; 621715, 4114977; 621744, 4114932;
621789, 4114879; 621788, 4114836; 621788, 4114810; 621768, 4114773;
621773, 4114740; 621772, 4114662; 621773, 4114638; 621766, 4114618;
621782, 4114597; 621842, 4114600; 621857, 4114586; 621875, 4114583;
621881, 4114552; 621827, 4114518; 621800, 4114474; 621727, 4114441;
621038, 4114280; 620937, 4114292; 620831, 4114261; 620028, 4114564;
619674, 4114732; 619494, 4114297; 619385, 4114096; 619025, 4114273;
618895, 4114410; 618599, 4114424; 618361, 4114506; 618185, 4114530;
617740, 4115026; 617095, 4115754; 616662, 4116332; 616403, 4116568;
616244, 4116697; 616203, 4116810; 616126, 4117005; 615933, 4117032;
615789, 4117099; 615722, 4117186; 615933, 4117280; 616097, 4117217;
616167, 4117292; 616030, 4117460; 615914, 4117446; 615683, 4117614;
615229, 4117907; 615099, 4117854; 615457, 4117510; 615390, 4117438;
615003, 4117751; 614469, 4118133; 613965, 4118481; 613877, 4118533;
613865, 4118566; 613797, 4118629; 613843, 4118668; 613790, 4118831;
613636, 4118894; 613636, 4119149; 613557, 4119283; 613403, 4119531;
613254, 4119651; 613077, 4119606; 612893, 4119620; 612832, 4119665;
612853, 4119708; 612847, 4119729; 612784, 4119705; 612770, 4119740;
612715, 4119760; 612640, 4119824; 612618, 4119872; 612583, 4119977;
612062, 4120400; 611707, 4120758; 611686, 4120748; 611631, 4120824;
611294, 4121127; 611234, 4121214; 611301, 4121327; 611238, 4121402;
610975, 4121590; 610770, 4121774; 610611, 4121899; 610472, 4122085;
610310, 4122006; 610106, 4122145; 610077, 4122227; 610126, 4122316;
610217, 4122395; 610179, 4122447; 610133, 4122430; 610089, 4122512;
610125, 4122559; 610156, 4122607; 610157, 4122653; 610128, 4122660;
610058, 4122641; 610016, 4122607; 609977, 4122674; 610091, 4122763;
610187, 4122847; 610220, 4122921; 610249, 4122977; 610374, 4123102;
610254, 4123181; 610015, 4123335; 609613, 4123583; 609641, 4123630;
609399, 4123790; 609324, 4123843; 609182, 4124041; 608934, 4123924;
[[Page 48211]]
608736, 4124027; 608538, 4124145; 608423, 4124256; 608167, 4124471;
608065, 4124633; 608059, 4124666; 607803, 4124871; 607677, 4124973;
607615, 4125109; 607637, 4125224; 607756, 4125351; 607593, 4125474;
607351, 4125490; 607272, 4125663; 607018, 4125820; 606980, 4125845;
606948, 4125876; 606896, 4125972; 606890, 4125996; 606845, 4125998;
606796, 4126045; 606753, 4126055; 606663, 4126127; 606595, 4126178;
606463, 4126353; 606314, 4126287; 606282, 4126331; 606153, 4126428;
605939, 4126505; 605841, 4126533; 605785, 4126693; 605832, 4126844;
605701, 4126851; 605621, 4127118; 605715, 4127161; 605847, 4127159;
605992, 4127130; 606076, 4127058; 606215, 4127099; 606422, 4127010;
606465, 4126897; 606699, 4126796; 606886, 4126695; 607019, 4126736;
607190, 4126796; 607356, 4126935; 607437, 4127065; 607306, 4127251;
607149, 4127421; 607062, 4127440; 606910, 4127537; 606714, 4127727;
606521, 4127943; 606345, 4128015; 606227, 4128006; 606179, 4127924;
606131, 4127779; 606097, 4127827; 606067, 4127868; 605982, 4127883;
605953, 4128027; 605857, 4127996; 605761, 4128001; 605703, 4128063;
605662, 4128160; 605702, 4128211; 605770, 4128251; 605842, 4128289;
605912, 4128287; 605946, 4128220; 605992, 4128138; 606059, 4128152;
606148, 4128174; 606210, 4128152; 606324, 4128056; 606410, 4128049;
606321, 4128171; 606343, 4128210; 606614, 4128290; 606611, 4128519;
606706, 4128535; 606802, 4128525; 607015, 4128424; 607079, 4128412;
607069, 4128316; 607125, 4128227; 607190, 4128215; 607202, 4128263;
607252, 4128252; 606865, 4127849; returning to 607067, 4127789.
(ii) Note: Unit 5 for bay checkerspot butterfly is depicted on Map
6 in paragraph (15)(ii) of this entry.
(11) Unit 6 for bay checkerspot butterfly: Tulare Hill, Santa Clara
County, California. From USGS 1:24,000 scale quadrangles San Jose East,
Lick Observatory, Santa Teresa Hills, and Morgan Hill.
(i) Unit 6: Land bounded by the following UTM zone 10, NAD 1983
coordinates (E,N): 611281, 4120978; 612010, 4120354; 611543, 4119895;
611200, 4120245; 611116, 4120132; 611229, 4119983; 611293, 4119653;
611241, 4119512; 610967, 4119335; 610463, 4118831; 609658, 4119568;
610117, 4119846; 609799, 4120229; 609915, 4120374; 609819, 4120430;
610113, 4120749; 610310, 4120833; 610459, 4120769; 610548, 4120910;
610294, 4121063; 610681, 4121486; returning to 611281, 4120978.
(ii) Note: Unit 6 for bay checkerspot butterfly is depicted on Map
6 in paragraph (15)(ii) of this entry.
(12) Unit 7 for bay checkerspot butterfly: Santa Teresa Hills,
Santa Clara County, California. From USGS 1:24,000 scale quadrangles
San Jose East, Lick Observatory, Santa Teresa Hills, and Morgan Hill.
(i) Unit 7: Land bounded by the following UTM zone 10, NAD 1983
coordinates (E,N): 602892, 4120825; 602923, 4120888; 602998, 4120912;
603046, 4120912; 603077, 4120894; 603120, 4120901; 603159, 4120888;
603185, 4120851; 603194, 4120824; 603233, 4120815; 603305, 4120824;
603337, 4120812; 603356, 4120775; 603336, 4120735; 603317, 4120709;
603299, 4120671; 603316, 4120645; 603371, 4120634; 603422, 4120632;
603481, 4120647; 603524, 4120628; 603599, 4120583; 603652, 4120583;
603668, 4120618; 603683, 4120664; 603766, 4120676; 603778, 4120651;
603798, 4120616; 603811, 4120597; 603829, 4120590; 603866, 4120610;
603887, 4120586; 603927, 4120563; 603991, 4120557; 604041, 4120556;
604041, 4120561; 604045, 4120581; 604039, 4120610; 604026, 4120620;
604024, 4120626; 603998, 4120656; 603973, 4120699; 603972, 4120727;
603976, 4120754; 604006, 4120769; 604040, 4120782; 604073, 4120807;
604119, 4120837; 604138, 4120855; 604160, 4120865; 604179, 4120865;
604194, 4120847; 604199, 4120818; 604200, 4120795; 604258, 4120790;
604294, 4120834; 604356, 4120869; 604368, 4120874; 604382, 4120874;
604397, 4120865; 604411, 4120855; 604429, 4120847; 604442, 4120832;
604453, 4120827; 604467, 4120819; 604475, 4120816; 604488, 4120800;
604510, 4120802; 604554, 4120827; 604549, 4120858; 604561, 4120889;
604564, 4120912; 604561, 4120952; 604572, 4120972; 604606, 4120977;
604622, 4120963; 604624, 4120946; 604628, 4120920; 604645, 4120904;
604680, 4120899; 604729, 4120910; 604729, 4120867; 604787, 4120831;
604810, 4120814; 604844, 4120783; 604890, 4120765; 604924, 4120799;
604948, 4120835; 604970, 4120831; 604986, 4120786; 605003, 4120742;
605064, 4120714; 605093, 4120722; 605132, 4120760; 605163, 4120770;
605185, 4120744; 605219, 4120689; 605272, 4120656; 605329, 4120668;
605395, 4120706; 605405, 4120671; 605424, 4120642; 605452, 4120646;
605473, 4120657; 605509, 4120656; 605548, 4120664; 605588, 4120656;
605614, 4120682; 605643, 4120689; 605647, 4120649; 605679, 4120645;
605711, 4120633; 605746, 4120610; 605728, 4120571; 605712, 4120545;
605685, 4120526; 605653, 4120525; 605613, 4120522; 605608, 4120506;
605619, 4120496; 605645, 4120487; 605709, 4120480; 605729, 4120443;
605749, 4120426; 605775, 4120431; 605792, 4120456; 605809, 4120473;
605836, 4120498; 605864, 4120508; 605879, 4120512; 605904, 4120506;
605928, 4120490; 605945, 4120465; 605949, 4120449; 605945, 4120432;
605953, 4120401; 605971, 4120390; 606001, 4120399; 606040, 4120411;
606076, 4120422; 606105, 4120433; 606133, 4120448; 606158, 4120474;
606200, 4120494; 606241, 4120516; 606272, 4120540; 606310, 4120548;
606353, 4120567; 606378, 4120587; 606394, 4120604; 606407, 4120596;
606422, 4120586; 606474, 4120580; 606521, 4120577; 606553, 4120566;
606589, 4120544; 606625, 4120524; 606653, 4120496; 606653, 4120520;
606626, 4120579; 606625, 4120607; 606650, 4120613; 606703, 4120612;
606736, 4120611; 606751, 4120586; 606748, 4120556; 606762, 4120552;
606804, 4120566; 606861, 4120594; 606917, 4120615; 606968, 4120624;
607030, 4120627; 607084, 4120614; 607139, 4120594; 607197, 4120614;
607194, 4120598; 607195, 4120569; 607195, 4120549; 607188, 4120521;
607174, 4120507; 607179, 4120472; 607191, 4120455; 607214, 4120443;
607247, 4120427; 607277, 4120408; 607280, 4120373; 607298, 4120340;
607305, 4120307; 607332, 4120290; 607364, 4120276; 607395, 4120272;
607414, 4120266; 607434, 4120261; 607453, 4120267; 607461, 4120254;
607462, 4120237; 607458, 4120220; 607449, 4120201; 607437, 4120184;
607421, 4120162; 607397, 4120136; 607370, 4120088; 607327, 4120023;
607297, 4119983; 607182, 4119926; 607113, 4119874; 607064, 4119832;
607020, 4119802; 606938, 4119784; 606848, 4119768; 606800, 4119732;
606822, 4119719; 606891, 4119713; 606982, 4119681; 607021, 4119632;
607033, 4119550; 607049, 4119507; 607064, 4119439; 607068, 4119404;
607099, 4119389; 607118, 4119342; 607152, 4119323; 607181, 4119286;
607199, 4119244; 607188, 4119204; 607229, 4119197; 607254, 4119192;
607258, 4119169; 607278, 4119158; 607304, 4119172; 607326, 4119155;
607367, 4119150; 607402, 4119175; 607454, 4119194; 607509, 4119213;
607702, 4119117; 607733, 4119120; 607774, 4119125; 607775, 4119165;
607814, 4119200; 607861, 4119222; 607909, 4119212; 607985, 4119188;
608024, 4119217; 607998, 4119236; 608004, 4119270; 608048, 4119275;
608100, 4119228; 608156, 4119215; 608213, 4119266; 608334, 4119277;
[[Page 48212]]
608348, 4119343; 608310, 4119427; 608238, 4119516; 608227, 4119572;
608242, 4119612; 608277, 4119624; 608310, 4119641; 608344, 4119670;
608363, 4119689; 608375, 4119702; 608395, 4119704; 608413, 4119696;
608439, 4119686; 608464, 4119677; 608477, 4119655; 608490, 4119640;
608512, 4119630; 608572, 4119618; 608626, 4119610; 608635, 4119589;
608624, 4119571; 608565, 4119580; 608500, 4119579; 608482, 4119564;
608474, 4119543; 608497, 4119516; 608575, 4119522; 608635, 4119479;
608569, 4119409; 608581, 4119330; 608647, 4119331; 608706, 4119356;
608749, 4119377; 608758, 4119360; 608746, 4119302; 608722, 4119196;
608695, 4119111; 608762, 4119101; 608846, 4119140; 608892, 4119222;
608913, 4119397; 608883, 4119569; 608848, 4119657; 608818, 4119677;
608789, 4119702; 608778, 4119727; 608781, 4119765; 608788, 4119783;
608807, 4119789; 608853, 4119782; 608898, 4119751; 608918, 4119731;
608924, 4119709; 608918, 4119681; 608944, 4119676; 609003, 4119655;
609001, 4119592; 609027, 4119500; 609059, 4119489; 609106, 4119530;
609133, 4119547; 609155, 4119553; 609176, 4119581; 609208, 4119588;
609214, 4119600; 609202, 4119624; 609194, 4119649; 609198, 4119661;
609212, 4119663; 609248, 4119640; 609263, 4119633; 609289, 4119634;
609298, 4119633; 609297, 4119609; 609293, 4119585; 609299, 4119555;
609313, 4119543; 609347, 4119543; 609374, 4119540; 609391, 4119530;
609411, 4119510; 609428, 4119507; 609440, 4119498; 609446, 4119470;
609454, 4119451; 609456, 4119415; 609476, 4119391; 609509, 4119359;
609534, 4119358; 609548, 4119366; 609549, 4119393; 609568, 4119444;
609582, 4119466; 609606, 4119520; 609628, 4119547; 609656, 4119568;
609751, 4119477; 609785, 4119449; 610381, 4118905; 610464, 4118833;
610521, 4118824; 610564, 4118822; 610592, 4118815; 610612, 4118795;
610617, 4118776; 610617, 4118756; 610624, 4118735; 610650, 4118729;
610669, 4118717; 610700, 4118710; 610723, 4118718; 610757, 4118723;
610773, 4118706; 610780, 4118658; 610790, 4118646; 610787, 4118598;
610775, 4118570; 610773, 4118536; 610771, 4118519; 610782, 4118517;
610822, 4118530; 610842, 4118528; 610864, 4118520; 610880, 4118508;
610899, 4118501; 610915, 4118487; 610914, 4118461; 610906, 4118446;
610889, 4118430; 610886, 4118417; 610902, 4118393; 610900, 4118367;
610896, 4118340; 610912, 4118330; 610934, 4118310; 610940, 4118282;
610932, 4118260; 610935, 4118251; 610949, 4118231; 610955, 4118207;
610957, 4118181; 610964, 4118176; 610991, 4118168; 610989, 4118152;
610992, 4118113; 611000, 4118109; 611019, 4118109; 611041, 4118121;
611066, 4118127; 611096, 4118122; 611114, 4118125; 611160, 4118145;
611185, 4118147; 611220, 4118143; 611254, 4118124; 611259, 4118093;
611250, 4118046; 611250, 4118012; 611247, 4117972; 611255, 4117966;
611276, 4117974; 611292, 4117975; 611331, 4117963; 611374, 4117922;
611421, 4117919; 611446, 4117915; 611462, 4117908; 611475, 4117891;
611511, 4117839; 611533, 4117814; 611554, 4117805; 611567, 4117772;
611556, 4117741; 611560, 4117712; 611562, 4117677; 611517, 4117611;
611572, 4117536; 611578, 4117500; 611570, 4117478; 611547, 4117451;
611503, 4117429; 611458, 4117422; 611405, 4117439; 611323, 4117480;
611291, 4117518; 611268, 4117566; 611230, 4117618; 611169, 4117625;
611114, 4117642; 611070, 4117668; 611029, 4117753; 610965, 4117724;
610983, 4117689; 610930, 4117568; 610751, 4117496; 610716, 4117445;
610717, 4117413; 610569, 4117220; 610494, 4117222; 610412, 4117262;
610370, 4117294; 610350, 4117341; 610281, 4117354; 610220, 4117381;
610179, 4117413; 610146, 4117441; 610127, 4117492; 610058, 4117531;
609834, 4117339; 609819, 4117309; 609851, 4117273; 609864, 4117239;
609877, 4117207; 609909, 4117203; 609953, 4117196; 609972, 4117166;
609984, 4117137; 610018, 4117122; 610053, 4117096; 610057, 4117069;
610042, 4117036; 610071, 4116966; 610146, 4116960; 610163, 4116923;
610160, 4116866; 610192, 4116829; 610241, 4116817; 610277, 4116801;
610280, 4116771; 610316, 4116759; 610333, 4116735; 610363, 4116715;
610406, 4116666; 610441, 4116619; 610471, 4116617; 610485, 4116593;
610463, 4116565; 610449, 4116508; 610398, 4116453; 610395, 4116401;
610255, 4116374; 609331, 4116659; 609272, 4116667; 609248, 4116696;
609243, 4116729; 609191, 4116694; 609145, 4116674; 609088, 4116665;
609059, 4116677; 609041, 4116735; 609019, 4116789; 609017, 4116848;
609010, 4116900; 608968, 4116871; 608980, 4116797; 608957, 4116761;
608908, 4116728; 608866, 4116734; 608828, 4116732; 608794, 4116709;
608767, 4116723; 608748, 4116706; 608763, 4116671; 608754, 4116626;
608731, 4116590; 608689, 4116582; 608642, 4116574; 608613, 4116607;
608583, 4116601; 608575, 4116571; 608535, 4116577; 608484, 4116576;
608459, 4116586; 608478, 4116635; 608495, 4116666; 608516, 4116692;
608507, 4116721; 608505, 4116759; 608505, 4116799; 608459, 4116780;
608429, 4116789; 608419, 4116757; 608374, 4116778; 608343, 4116816;
608330, 4116894; 608294, 4116905; 608267, 4116941; 608227, 4116912;
608170, 4116888; 608147, 4116869; 608125, 4116829; 608082, 4116819;
608044, 4116792; 608034, 4116830; 608046, 4116879; 608067, 4116945;
607973, 4116962; 607862, 4116986; 607811, 4117004; 607575, 4116987;
607512, 4116967; 607477, 4116922; 607403, 4116908; 607360, 4116925;
607286, 4116951; 607235, 4116993; 607189, 4117053; 607163, 4117101;
607132, 4117110; 607087, 4117095; 607056, 4117114; 607035, 4117167;
607011, 4117226; 606971, 4117268; 606961, 4117348; 606973, 4117424;
607013, 4117456; 607020, 4117494; 606999, 4117576; 606544, 4118248;
606457, 4118180; 606425, 4118183; 606179, 4118071; 605401, 4118117;
605247, 4118180; 605053, 4118269; 604965, 4118348; 605178, 4118600;
604548, 4118947; 604625, 4119145; 604788, 4119569; 604936, 4119955;
604817, 4119974; 604817, 4120089; 604555, 4120119; 604414, 4120139;
604263, 4120151; 604157, 4120145; 604024, 4120117; 603930, 4120140;
603827, 4120202; 603692, 4120233; 603621, 4120283; 603584, 4120418;
603491, 4120502; 603421, 4120536; 603323, 4120533; 603257, 4120527;
603186, 4120531; 603061, 4120582; 603033, 4120676; 602970, 4120751;
returning to 602892, 4120825.
(ii) Note: Unit 7 for bay checkerspot butterfly is depicted on Map
6 in paragraph (15)(ii) of this entry.
(13) Unit 8 for bay checkerspot butterfly: Calero Reservoir, Santa
Clara County, California. From USGS 1:24,000 scale quadrangles San Jose
East, Lick Observatory, Santa Teresa Hills, and Morgan Hill.
(i) Unit 8: Land bounded by the following UTM zone 10, NAD 1983
coordinates (E,N): 605493, 4116867; 605661, 4116896; 605718, 4116853;
605799, 4116844; 605856, 4116923; 605938, 4116906; 606045, 4116752;
606122, 4116520; 606156, 4116383; 606165, 4116288; 606051, 4116182;
606069, 4116127; 606132, 4116039; 606177, 4116025; 606230, 4116083;
606269, 4115997; 606336, 4116015; 606337, 4115938; 606300, 4115931;
606262, 4115861; 606326, 4115838; 606387, 4115849; 606433, 4115829;
606519, 4115734; 606574, 4115740; 606867, 4115901; 606937, 4115907;
606994, 4115890; 607043, 4115856; 607081, 4115818; 607068, 4115755;
607090, 4115693; 607144, 4115664;
[[Page 48213]]
607241, 4115643; 607290, 4115588; 607342, 4115554; 607159, 4115391;
607119, 4115368; 607073, 4115389; 607047, 4115495; 606903, 4115584;
606837, 4115586; 606861, 4115560; 606919, 4115549; 606944, 4115530;
606950, 4115482; 606978, 4115469; 606996, 4115393; 606975, 4115370;
606902, 4115402; 606901, 4115371; 606921, 4115339; 606904, 4115306;
606880, 4115337; 606861, 4115296; 606876, 4115251; 606935, 4115241;
606958, 4115263; 606986, 4115195; 607026, 4115199; 607027, 4115255;
607060, 4115266; 607082, 4115207; 607089, 4115149; 607179, 4115149;
607266, 4115115; 607415, 4115156; 607464, 4115136; 607555, 4115164;
607716, 4115136; 607712, 4115003; 607657, 4114850; 607604, 4114753;
607518, 4114686; 607611, 4114702; 607791, 4114919; 607826, 4114984;
607808, 4115366; 607972, 4115293; 608186, 4115186; 608470, 4115055;
608850, 4114830; 608992, 4114854; 609129, 4114812; 609117, 4115020;
608880, 4115233; 608512, 4115397; 608059, 4115492; 608029, 4115644;
607959, 4115592; 607880, 4115595; 607966, 4115726; 608052, 4115817;
608155, 4115878; 608258, 4115908; 608358, 4115910; 608437, 4115938;
608556, 4115906; 608545, 4115971; 608608, 4115990; 608682, 4115957;
608750, 4115901; 608776, 4115906; 608815, 4115934; 608892, 4115927;
608946, 4115873; 608948, 4115826; 608906, 4115731; 608967, 4115710;
609032, 4115647; 609481, 4115100; 609477, 4115025; 609577, 4114951;
609821, 4114856; 609866, 4114711; 609880, 4114582; 610030, 4114486;
610081, 4114398; 610120, 4114330; 610159, 4114322; 610155, 4114287;
610124, 4114240; 610287, 4114038; 610327, 4113965; 610319, 4113865;
610257, 4113742; 610202, 4113705; 610079, 4113729; 609993, 4113754;
609891, 4113813; 609798, 4113845; 609735, 4113885; 609737, 4113963;
609663, 4114035; 609563, 4114088; 609524, 4114248; 609455, 4114356;
609212, 4114403; 609004, 4114676; 608945, 4114439; 608774, 4114422;
608635, 4114302; 608547, 4114164; 608453, 4113729; 608135, 4113470;
608079, 4113433; 608043, 4113356; 608038, 4113230; 608012, 4113254;
607980, 4113238; 607947, 4113270; 607907, 4113243; 607855, 4113282;
607814, 4113362; 607802, 4113545; 607694, 4113606; 607526, 4113700;
607691, 4113754; 607691, 4114069; 607465, 4114176; 607326, 4114660;
606930, 4114755; 606709, 4114597; 606401, 4114641; 606250, 4114805;
605916, 4114924; 605715, 4115195; 605293, 4115604; 605224, 4115604;
605180, 4115755; 605224, 4115869; 605035, 4116101; 605042, 4116215;
605067, 4116309; 605123, 4116366; 605229, 4116454; 605338, 4116598;
605387, 4116705; returning to 605493, 4116867.
(ii) Note: Unit 8 for bay checkerspot butterfly is depicted on Map
6 in paragraph (15)(ii) of this entry.
(14) Unit 9 for bay checkerspot butterfly: Kalana Hills, Santa
Clara County, California. From USGS 1:24,000 scale quadrangles San Jose
East, Lick Observatory, Santa Teresa Hills, and Morgan Hill.
(i) Subunit 9A: Land bounded by the following UTM zone 10, NAD 1983
coordinates (E,N): 612463, 4115364; 612548, 4115283; 612611, 4115228;
612581, 4115190; 612560, 4115157; 612725, 4114962; 612697, 4114924;
612640, 4114916; 612512, 4114806; 612469, 4114770; 612456, 4114706;
612331, 4114635; 612276, 4114621; 612159, 4114668; 612036, 4114796;
611975, 4114842; 611928, 4114901; 611857, 4114927; 611811, 4114924;
611806, 4115198; 611735, 4115382; 611703, 4115487; 611772, 4115526;
611741, 4115600; 611742, 4115605; 612028, 4115820; returning to 612463,
4115364.
(ii) Subunit 9B: Land bounded by the following UTM zone 10, NAD
1983 coordinates (E,N): 613292, 4114458; 613477, 4114328; 613645,
4114236; 613859, 4114112; 613800, 4114081; 613704, 4114080; 613628,
4114115; 613585, 4114092; 613570, 4114010; 613464, 4114059; 613430,
4114072; 613412, 4114118; 613349, 4114160; 613257, 4114211; 613194,
4114197; 613162, 4114145; 613100, 4114181; 613139, 4114270; 613039,
4114320; 612961, 4114257; 612887, 4114301; 612805, 4114303; 612782,
4114273; 612765, 4114285; 612767, 4114321; 612781, 4114386; 612835,
4114456; 612806, 4114528; 612760, 4114555; 612828, 4114608; 612909,
4114620; 613022, 4114548; 613029, 4114509; 612967, 4114492; 612953,
4114422; 612990, 4114368; 613090, 4114360; 613112, 4114463; 613178,
4114499; returning to 613292, 4114458.
(iii) Note: Unit 9 for bay checkerspot butterfly is depicted on Map
6 in paragraph (15)(ii) of this entry.
(15) Unit 10 for bay checkerspot butterfly: Morgan Hill, Santa
Clara County, California. From USGS 1:24,000 scale quadrangles San Jose
East, Lick Observatory, Santa Teresa Hills, and Morgan Hill.
(i) Unit 10: Land bounded by the following UTM zone 10, NAD 1983
coordinates (E,N): 617448, 4111989; 617422, 4111978; 617343, 4111978;
617295, 4111947; 617252, 4111862; 617269, 4111828; 617405, 4111774;
617445, 4111797; 617501, 4111797; 617512, 4111746; 617589, 4111729;
617733, 4111766; 618083, 4111853; 618116, 4111766; 618023, 4111705;
617936, 4111647; 617899, 4111684; 617764, 4111596; 617933, 4111368;
617964, 4111303; 617953, 4111188; 617891, 4111138; 617937, 4111083;
617919, 4111040; 617865, 4111014; 617798, 4111069; 617586, 4110876;
617618, 4110838; 617504, 4110738; 617459, 4110704; 617380, 4110673;
617197, 4110835; 617009, 4111119; 616981, 4111133; 616936, 4111110;
616925, 4111147; 616908, 4111187; 616885, 4111204; 616843, 4111232;
616817, 4111274; 616809, 4111303; 616781, 4111297; 616758, 4111257;
616724, 4111221; 616713, 4111159; 616744, 4111088; 616724, 4111060;
616730, 4111037; 616789, 4110983; 616702, 4110933; 616668, 4110952;
616620, 4110952; 616611, 4110901; 616436, 4111062; 616394, 4111037;
616410, 4110989; 616472, 4110988; 616532, 4110930; 616523, 4110872;
616555, 4110831; 616077, 4110537; 616073, 4110327; 615914, 4110402;
615846, 4110431; 615912, 4110524; 615761, 4110576; 615745, 4110646;
615715, 4110728; 615645, 4110790; 615684, 4110906; 615779, 4110867;
615779, 4110825; 615918, 4110725; 616038, 4110856; 615936, 4110930;
615947, 4111077; 615894, 4111105; 615830, 4111216; 615902, 4111306;
615866, 4111429; 615933, 4111449; 616044, 4111449; 616147, 4111428;
616225, 4111410; 616275, 4111430; 616313, 4111483; 616368, 4111489;
616399, 4111520; 616394, 4111579; 616380, 4111625; 616430, 4111650;
616484, 4111622; 616498, 4111585; 616555, 4111562; 616671, 4111591;
616659, 4111653; 616685, 4111715; 616741, 4111780; 616846, 4111829;
616677, 4112120; 616760, 4112261; 616792, 4112343; 617011, 4112356;
617160, 4112394; 617286, 4112306; 617433, 4112045; returning to 617448,
4111989.
(ii) Note: Map of Units 5, 6, 7, 8, 9, and 10 for bay checkerspot
butterfly (Map 6) follows:
BILLING CODE 4310-55-P
[[Page 48214]]
[GRAPHIC] [TIFF OMITTED] TP22AU07.018
[[Page 48215]]
(16) Unit 11 for bay checkerspot butterfly: Bear Ranch, Santa Clara
County, California. From USGS 1:24,000 scale quadrangle Gilroy.
(i) Unit 11: Land bounded by the following UTM zone 10, NAD 1983
coordinates (E,N): 627973, 4108674; 627997, 4108657; 628036, 4108657;
628517, 4109013; 628547, 4108986; 628569, 4108953; 628609, 4108899;
628654, 4108810; 628675, 4108776; 628697, 4108753; 628708, 4108717;
628701, 4108687; 628683, 4108668; 628708, 4108618; 628719, 4108578;
628726, 4108557; 628743, 4108538; 628759, 4108514; 628766, 4108489;
628774, 4108448; 628776, 4108413; 628784, 4108394; 628817, 4108358;
628831, 4108330; 628826, 4108298; 628807, 4108267; 628805, 4108252;
628827, 4108246; 628860, 4108239; 628888, 4108215; 628898, 4108190;
628894, 4108156; 628900, 4108135; 628887, 4108097; 628904, 4108060;
628979, 4108058; 629013, 4108041; 629055, 4108005; 629077, 4107951;
629088, 4107915; 629087, 4107847; 629078, 4107807; 629067, 4107784;
629066, 4107756; 629091, 4107733; 629173, 4107654; 629175, 4107635;
629169, 4107615; 629169, 4107587; 629179, 4107557; 629175, 4107530;
629168, 4107503; 629165, 4107484; 629171, 4107459; 629187, 4107421;
629189, 4107417; 629202, 4107391; 629194, 4107359; 629201, 4107321;
629205, 4107280; 629212, 4107231; 629207, 4107184; 629180, 4107141;
629074, 4107086; 628673, 4107122; 628603, 4107130; 628601, 4107162;
628573, 4107168; 628532, 4107165; 628503, 4107198; 628506, 4107272;
628469, 4107287; 628445, 4107329; 628430, 4107404; 628394, 4107391;
628343, 4107380; 628308, 4107377; 628283, 4107408; 628271, 4107440;
628262, 4107475; 628245, 4107455; 628210, 4107426; 628174, 4107460;
628124, 4107465; 628093, 4107495; 628053, 4107491; 628029, 4107548;
628013, 4107667; 628012, 4107711; 627993, 4107768; 627991, 4107794;
628009, 4107788; 628016, 4107820; 628005, 4107861; 628010, 4107889;
628036, 4107929; 628033, 4107940; 628018, 4107951; 628013, 4107968;
628015, 4108010; 627996, 4108039; 627986, 4108074; 627971, 4108126;
627966, 4108194; 627951, 4108213; 627936, 4108263; 627899, 4108298;
627893, 4108347; 627914, 4108383; 627912, 4108399; 627808, 4108571;
627781, 4108644; 627779, 4108668; 627787, 4108683; 627818, 4108682;
627856, 4108676; 627906, 4108689; 627933, 4108694; returning to 627973,
4108674.
(ii) Note: Map of Unit 11 for bay checkerspot butterfly (Map 7)
follows:
BILLING CODE 4310-55-P
[[Page 48216]]
[GRAPHIC] [TIFF OMITTED] TP22AU07.019
[[Page 48217]]
(17) Unit 12 for bay checkerspot butterfly: San Martin, Santa Clara
County, California. From USGS 1:24,000 scale quadrangles Mt. Madonna
and Gilroy.
(i) Unit 12: Land bounded by the following UTM zone 10, NAD 1983
coordinates (E,N): 622117, 4104697; 622143, 4104673; 622172, 4104651;
622221, 4104573; 622271, 4104488; 622281, 4104444; 622254, 4104303;
622265, 4104278; 622317, 4104276; 622354, 4104249; 622389, 4104240;
622423, 4104196; 622439, 4104145; 622461, 4104090; 622457, 4104054;
622432, 4104015; 622411, 4103941; 622393, 4103859; 622404, 4103809;
622421, 4103769; 622421, 4103689; 622441, 4103649; 622487, 4103631;
622538, 4103599; 622557, 4103529; 622591, 4103461; 622575, 4103406;
622538, 4103358; 622441, 4103346; 622399, 4103363; 622352, 4103322;
622274, 4103300; 622206, 4103304; 622098, 4103341; 622020, 4103370;
621920, 4103382; 621843, 4103390; 621812, 4103362; 621779, 4103365;
621739, 4103372; 621700, 4103404; 621682, 4103449; 621705, 4103496;
621667, 4103560; 621569, 4103489; 621509, 4103489; 621463, 4103477;
621464, 4103459; 621411, 4103467; 621348, 4103472; 621288, 4103477;
621223, 4103476; 621183, 4103476; 621127, 4103476; 621079, 4103490;
621030, 4103508; 620988, 4103525; 620973, 4103571; 620996, 4103623;
621025, 4103666; 621055, 4103695; 621076, 4103707; 621079, 4103733;
621087, 4103764; 621112, 4103805; 621046, 4103796; 621009, 4103805;
620979, 4103791; 620922, 4103774; 620887, 4103775; 620871, 4103811;
620845, 4103873; 620806, 4103922; 620751, 4103944; 620702, 4103984;
620679, 4103961; 620627, 4103961; 620593, 4103979; 620591, 4104020;
620568, 4104053; 620542, 4104032; 620509, 4104030; 620482, 4104039;
620450, 4104073; 620393, 4104116; 620330, 4104174; 620283, 4104200;
620255, 4104240; 620230, 4104262; 620197, 4104288; 620191, 4104325;
620193, 4104362; 620203, 4104399; 620176, 4104412; 620126, 4104472;
620132, 4104499; 620211, 4104578; 620245, 4104578; 620329, 4104574;
620440, 4104541; 620510, 4104492; 620543, 4104480; 620529, 4104405;
620612, 4104386; 620646, 4104431; 620657, 4104489; 620672, 4104509;
620728, 4104541; 620794, 4104556; 620852, 4104539; 620909, 4104525;
620931, 4104568; 620942, 4104598; 620946, 4104627; 620968, 4104627;
620988, 4104586; 621013, 4104556; 621034, 4104566; 621046, 4104621;
621098, 4104634; 621083, 4104537; 621176, 4104528; 621262, 4104540;
621334, 4104549; 621398, 4104575; 621488, 4104622; 621559, 4104617;
621598, 4104563; 621688, 4104533; 621739, 4104536; 621811, 4104464;
621836, 4104417; 621908, 4104391; 621947, 4104386; 621930, 4104434;
621900, 4104474; 621915, 4104511; 621952, 4104544; 622003, 4104529;
622034, 4104556; 622021, 4104585; 622011, 4104596; 622029, 4104622;
622038, 4104647; 622064, 4104649; 622094, 4104646; 622113, 4104680;
returning to 622117, 4104697.
(ii) Note: Map of Unit 12 for bay checkerspot butterfly (Map 8)
follows:
BILLING CODE 4310-55-P
[[Page 48218]]
[GRAPHIC] [TIFF OMITTED] TP22AU07.020
* * * * *
Dated: August 13, 2007.
Todd Willens,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 07-4060 Filed 8-21-07; 8:45 am]
BILLING CODE 4310-55-C