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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC84

Endangered and Threatened Wildlife and Plants; Determination of

Endangered Status for the Laguna Mountains Skipper and Quino

Checkerspot Butterfly

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Fish and Wildlife Service (Service) determines the Laguna

Mountains skipper (Pyrgus ruralis lagunae) and quino checkerspot

butterfly (Euphydryas editha quino) to be endangered species throughout

their respective ranges in southwestern California and northwestern

Baja California, Mexico, pursuant to the Endangered Species Act of

1973, as amended (Act). The Laguna Mountains skipper occupies montane

meadow habitats in a very restricted range within San Diego County,

California. The quino checkerspot is locally distributed in sunny

openings within chaparral and coastal sage shrublands in portions of

Riverside and San Diego counties, California, and northwestern Baja

California, Mexico. These taxa are threatened by one or more of the

following factors--loss and degradation and fragmentation of habitat

due to grazing, urban development, and fire management practices; over-

collection and other human disturbance; and naturally occurring events

such as fire or weather extremes. This rule implements Federal

protection provided by the Act for the Laguna Mountains skipper and

quino checkerspot butterflies.

EFFECTIVE DATE: January 16, 1997.

ADDRESSES: The complete file for this rule is available for public

inspection, by appointment, during normal business hours at the

Carlsbad Field Office, U.S. Fish and Wildlife Service, 2730 Loker

Avenue West, Carlsbad, California 92008.

FOR FURTHER INFORMATION CONTACT: Ms. Marjorie Nelson, Biologist, at the

above address (telephone 619/431-9440).

SUPPLEMENTARY INFORMATION:

Background

The Laguna Mountains skipper (Pyrgus ruralis lagunae) is a small

butterfly in the skipper family (Hesperiidae). It has a wingspan of

about 3 centimeters (cm) (1 inch (in.)) and is distinguished from the

rural skipper (P. ruralis ruralis) by extensive white wing markings

that give adults, particularly males, an overall appearance of white

rather than mostly black, and by the banding patterns on the hind wings

(Scott 1981, Levy 1994). The Laguna Mountains skipper is found in

montane meadow habitats.

The Laguna Mountains skipper is one of two recognized subspecies of

the rural skipper, Pyrgus ruralis. Scott (1981) described P. ruralis

lagunae from a collection made in 1956 by F. Thorne in the Laguna

Mountains of San Diego County, California, based upon population

isolation and color differentiation. The Laguna Mountains skipper is

restricted to the Laguna Mountains and Mount Palomar in San Diego

County. The other subspecies of the rural skipper (P. ruralis ruralis)

ranges from the mountains of British Columbia and Alberta, Canada,

south to the coast ranges and Sierra Nevada of central California, as

well as Nevada, Utah, and northern Colorado (Stanford and Opler 1993;

John Brown, Dudek and Associates, in litt., 1992) and has darker wings

than the Laguna Mountains skipper.

Three other species in the genus Pyrgus occur in San Diego County:

the common checkered skipper (P. communis), the small checkered skipper

(P. scriptura), and the western checkered skipper (P. albescens). The

Laguna Mountains skipper can be distinguished from all three of these

species by the whitish appearance of the adults and the use of a single

larval host

[[Page 2314]]

plant, Horkelia clevelandii (Cleveland's horkelia), in the rose family

(Rosaceae) (Garth and Tilden 1986, Scott 1986). In addition, the

western checkered skipper and southern California populations of the

small checkered skipper are restricted to desert areas (Garth and

Tilden 1986).

The Laguna Mountains skipper population in the Laguna Mountains in

San Diego County (J. Brown, in litt., 1992) was not seen during a

relatively extensive survey in 1994 (Levy 1994) but was seen in 1995

(Jack Levy, pers. comm., 1995). Prior to that observation, it was last

seen in the Laguna Mountains in 1986 occupying a small area along a

fence in a U.S. Forest Service (USFS) campground (Levy 1994; Murphy

1990; D. Hogan, San Diego Biodiversity Project, pers. comm., 1993;).

The Laguna Mountains population was estimated to consist of fewer than

100 individuals (Murphy 1990; Brown 1991; J. Brown, in litt., 1992).

The Laguna Mountains skipper is currently found at four sites in

the Mount Palomar region of San Diego County (Levy 1994). It was

detected and collected on Mount Palomar in 1991 by D. Lindsley (J.

Brown, in litt., 1992: J. Brown, pers. comm., 1993). Two additional

populations were located in 1994 (Levy 1994). The largest of the Mount

Palomar populations is estimated to comprise 240 individuals (Levy

1994).

Horkelia clevelandii is the larval host plant of the Laguna

Mountains skipper. This plant occurs in meadows, under pines, and on

granite in the Laguna, Cuyamaca, Palomar, and San Jacinto Mountains of

southwestern California and northwestern Baja California, Mexico, from

1,200 to 2,500 meters (m) (4,000 to 8,000 feet (ft)) in elevation

(Hickman 1993). Although the distribution of a butterfly is primarily

defined by the presence of its larval host plant, the butterfly may be

further restricted by other physiological or ecological constraints.

The Laguna Mountains skipper is currently found in a few open meadows

of yellow pine forest between 1,200 and 2,000 m (4,000 and 6,000 ft) in

elevation. Historically, this skipper may have occurred throughout the

higher elevations of San Diego County (Murphy 1990; Brown 1991; J.

Brown, in litt., 1992). Murphy (1990) reported that there were at least

six populations of this taxon in the Laguna Mountains in the 1950's and

1960's; however, current information indicates only one extant

population. Until its rediscovery in 1983 by J. Emmel and subsequent

sightings in 1986 and 1995, this skipper had not been seen in the

Laguna Mountains since 1972 (J. Brown, in litt., 1992).

Historically, the Mount Palomar populations were small compared to

the populations in the Laguna Mountains. Only five specimens have been

collected from Mount Palomar in this century (J. Brown, in litt.,

1992). Prior to specimens collected in 1991 and the additional

populations found in 1994, the last known sightings from Mount Palomar

were from 1980 and, prior to that, from 1939 (Brown 1991; Levy 1994; J.

Brown, in litt., 1992).

The Laguna Mountains skipper is apparently bivoltine (two

generations per year). The adult flight season occurs from April to May

with a second smaller flight in late June to late July (Brown 1991,

Levy 1994). The Laguna Mountains skipper may have evolved a unique

mechanism for coping with the low daytime temperatures it encounters

during its spring flight, which is unusually early for butterflies in

the Laguna Mountains (Brown 1991). It is assumed that the life history

of the Laguna Mountains skipper is similar to that of the nominate

subspecies (Pyrgus ruralis ruralis), which diapauses (maintains a state

of suspended activity) as a full grown larva and lives 10 to 20 days in

the adult stage (J. Brown, in litt., 1992).

The quino checkerspot, Euphydryas (=Occidryas) editha quino is a

small member of the brush-footed butterfly family (Nymphalidae). It has

about a 3 cm (1 in.) wingspan and is checkered with dark brown,

reddish, and yellowish spots. It is one of 12 recognized subspecies of

E. editha (editha checkerspot) (Miller and Brown 1981, Ferris 1989).

The quino checkerspot can be distinguished from other subspecies of E.

editha in that the quino checkerspot tends to be larger with redder

wings, and the light spots on the wings tend to be fewer and more

discrete (Garth and Tilden 1986). This taxon also looks similar to two

other species of butterfly that occur within its range. The Chalcedon

checkerspot (E. chalcedona) is yellower and slightly larger, with

sharper forewings, than the quino checkerspot. Gabb's checkerspot

(Chlosyne gabbii) is smaller than the quino checkerspot and has orange

rather than red markings (Orsak 1977).

The quino checkerspot was first described in 1863 by Hans Herman

Behr, an entomologist with the California Academy of Sciences in San

Francisco, as Melitaea quino, based on a specimen from coastal San

Diego County. It was subsequently recognized by Comstock (1927) as a

full species of the genus Euphydryas. Euphydryas editha quino was then

inappropriately identified as E. e. wrightii, thereby confusing it with

earlier taxonomic treatments of the desert checkerspot, E. chalcedona

hennei (formerly ssp. quino) (Scott 1981). This error was rectified by

J. Emmel, based on a study of Behr's notes and available specimens

(Allen 1990; Dennis Murphy, Stanford University, in litt., 1988). The

genus Euphydryas is also referred to as Occidryas, but most authors

retain the former name (Scott 1986, Harrison et al. 1988, Murphy 1990,

Brown 1991).

Adult quino checkerspot butterflies live from 4 to 8 weeks. The

flight season occurs from mid-January to late April and peaks between

March and April. The eggs hatch in about 10 days and the larvae begin

to feed immediately. Fourth instar (development stage) larvae enter an

obligatory diapause as summer approaches and their larval food plant

dries up. Extended periods of diapause may occur during times of

drought (Greg Ballmer, University of California at Riverside, in litt.,

1990). Post-diapause larvae develop through four more instars and then

pupate to emerge as adults in the early spring (Murphy and White 1984).

The quino checkerspot is restricted to open grassland and sunny

openings within shrubland habitats of the interior foothills of

southwestern California and northwestern Baja California, Mexico (G.

Ballmer, in litt., 1991). Like the Laguna Mountains skipper, its

distribution is defined primarily by that of its larval host plant. The

primary larval food plant of the quino checkerspot is Plantago erecta

(dwarf plantain) in the plantain family (Plantaginaceae). However, the

larvae may also use Plantago ovata and Castilleja exserta (owl's-clover

in the figwort family (Scrophulariaceae)) (White 1974; G. Ballmer,

pers. comm., 1993). These plants grow in or near meadows, vernal pools,

and lake margins, and spread to upland shrub communities of sparse

chaparral and coastal sage scrub. This butterfly is generally found at

sites where high densities of the host plants occur (J. Johnson, in

litt., 1989; David Hawks, University of California at Riverside, in

litt., 1992) and at a variety of elevations from about sea level to

about 900 m (3,000 ft). Within these areas, the quino checkerspot may

be preferentially selecting sites where exposure to winter sun is

greatest (Weiss et al. 1987, Allen 1990). These habitats, like the

quino checkerspot, were once common along coastal bluffs, mesas, and

inland foothills (Brown and Faulkner 1984).

The quino checkerspot may have been one of the most abundant

butterflies in San Diego, Orange, and western

[[Page 2315]]

Riverside counties during the early part of the 20th century (Murphy

1990). The original range of the quino checkerspot extended as far

south as Valle de la Trinidad in northwestern Baja California, Mexico

(Brown et al. 1992) and as far north as Point Dume in Los Angeles

County (Allen 1990). Currently, only seven or eight populations are

known within the United States (the lack of an exact count is due to

uncertainty as to whether sightings of very small numbers of

butterflies in two areas represent one or two populations). All known

extant populations in the United States occur in southwestern Riverside

and north-central San Diego counties (G. Ballmer, in litt., 1990 and

1991, pers. comm., 1994; D. Hawks, pers. comm., 1993; Marjorie Nelson,

U.S. Fish and Wildlife Service (USFWS), pers. obs., 1994). One

population near Upper Otay Lake in San Diego County (D. Murphy, in

litt., 1991) was last seen in 1990. In 1996, a very small group of

quino checkerspots was sighted on Otay Mesa, but because of the very

limited amount of available host plant, this occurrence is not expected

to persist beyond 1996 (J. Brown, pers. comm., 1996). At least one

population exists in Mexico, in the Sierra Juarez near Tecate (Brown

1991; D. Murphy, in litt., 1991). Although no estimates of population

sizes for the quino checkerspot are currently available, all but three

populations are known to comprise fewer than five individuals.

Previous Federal Action

On June 3, 1991, the Service received a petition dated May 27,

1991, from Mr. David Hogan of the San Diego Biodiversity Project to

list four butterfly taxa as endangered under the Act--the Laguna

Mountains skipper (Pyrgus ruralis lagunae), Hermes copper (Lycaena

hermes), Thorne's hairstreak (Mitoura thornei), and Harbison's dun

skipper (Euphyes vestris harbisoni). The petition cited loss and

degradation of habitat, through various causes, as the major threat to

these butterflies. On July 12, 1993, the Service found that the

petition contained substantial information indicating that the

requested action may be warranted for the Laguna Mountains skipper, but

not for the other three butterflies. The latter finding was made

because sufficient information was not available regarding the threats

to, and biological vulnerability of, those taxa. An announcement of

these findings was published in the Federal Register on July 19, 1993

(58 FR 38549).

On September 30, 1988, the Service received a petition dated

September 26, 1988, from Dr. Dennis Murphy of the Stanford University

Center for Conservation Biology, to list the quino checkerspot

butterfly (Euphydryas editha quino) as endangered under the Act. At the

time the petition was submitted, this taxon had not been seen for

several years and was thought to be extinct. Extant populations of the

quino checkerspot were reported by Dr. Murphy in a letter dated August

1, 1991, which again requested the Service to consider the petitioned

action. The status of the quino checkerspot has been under review by

the Service since 1984 (May 22, 1984; 50 FR 37958) and it was

classified as a candidate on November 21, 1991 (56 FR 58804), meaning

that information in the Service's possession was sufficient to support

a proposal to list it as endangered or threatened.

The proposed rule for these two taxa constituted the following

findings--the final 12-month finding for the Laguna Mountains skipper

that the petitioned action is warranted; the 90-day finding that the

petition for the quino checkerspot butterfly presented substantial

information that the action may be warranted; and the final 12-month

finding for the quino checkerspot that the petitioned action is

warranted. The proposed rule was published in the Federal Register on

August 4, 1994 (59 FR 39868).

The processing of this final rule conforms with the Service's

listing priority guidance published in the Federal Register on December

5, 1996 (61 FR 64475). The guidance clarifies the order in which the

Service will process rulemakings following two related events: 1) the

lifting, on April 26, 1996, of the moratorium on final listings imposed

on April 10, 1995 (Public Law 104-6), and 2) the restoration of

significant funding for listing through passage of the omnibus budget

reconciliation law on April 26, 1996, following severe funding

constraints imposed by a number of continuing resolutions between

November 1995 and April 1996. The guidance calls for giving highest

priority to handling emergency situations (Tier 1) and second highest

priority (Tier 2) to resolving the listing status of the outstanding

proposed listings. This final rule falls under Tier 2. At this time

there are no pending Tier 1 actions. This rule has been updated to

reflect any changes in distribution, status and threats since the

effective date of the listing moratorium. This additional information

was not of a nature to alter the Service's decision to list the

species.

Summary of Comments and Recommendations

In the August 4, 1994, proposed rule and associated notifications,

all interested parties were requested to submit factual reports or

information that might contribute to the development of a final rule

for the two butterfly taxa considered in this rule. Appropriate Federal

and State agencies, county governments, scientific organizations and

authorities, and other interested parties were contacted and requested

to comment. A notice announcing a public hearing and extension of the

public comment period was published in the Federal Register on

September 26, 1994 (59 FR 49045). Newspaper notices inviting public

comment were published in the following newspapers: San Diego Union-

Tribune, Orange County Register, and Riverside County Press-Enterprise.

A public hearing was held in Rancho Bernardo, California, on

October 19, 1994, in conjunction with two other proposals to list three

taxa (San Diego fairy shrimp, Cuyamaca Lake downingia, and Parish's

meadowfoam), and the comment period was extended to October 31, 1994,

to accommodate additional comments. The transcript from this hearing is

available for inspection (see ADDRESSES section).

The Service has reviewed the written and oral statements from the

hearing and received during the comment period. A total of 21

commenters (from 2 Federal entities and 19 organizations or

individuals) submitted 33 comments. Thirty of the comments were either

not relevant to this listing action or non-substantive. The remaining

comments provided additional information and/or were substantive

comments. Two commenters submitted additional information, much of

which has been incorporated into this final rule. The issues raised by

the other commenters are presented here. Issues of a similar nature

were grouped from the comments received and are addressed below.

Issue 1

Several commenters stated that the listing of these butterflies as

endangered should be postponed until local multi-species planning

efforts are completed. They stated that these actions will eliminate

the need for listing by adequately providing for conservation while

also permitting economic growth. Another commenter asserted that San

Diego County multi-species efforts do not adequately cover the taxa in

this rule.

Service Response: Current regional multi-species planning efforts

do not

[[Page 2316]]

provide sufficient protection for either taxon to preclude their

listing under the Act. The Laguna Mountains skipper is not now covered

by, nor currently being considered for inclusion in, any local multi-

species plan because its distribution lies outside ongoing regional

planning areas.

In 1991, the State of California established the Natural

Communities Conservation Plan (NCCP) program to address conservation

needs throughout the State. The focus of current planning programs is

the coastal sage scrub community in southern California, although other

vegetation communities are being addressed in an ecosystem-level

approach. The NCCP for the Central and Coastal Subregion of Orange

County, signed into agreement on July 17, 1996, currently identifies

the quino checkerspot as a ``conditionally covered species;'' however,

the butterfly is not currently known to be extant within the planning

area. The species coverage under the plan is conditional because quino

checkerspot surveys have not been conducted within the planning area

and newly discovered populations may have long-term conservation value.

If quino checkerspots are found within the Central and Coastal

Subregion of Orange County, participating landowners are permitted to

``take'' quino checkerspots, incidental to otherwise lawful activities,

that occur in small and/or satellite populations, reintroduced

populations, or populations that have expanded due to reserve system

management. To offset any such take, a mitigation plan to be developed

in coordination with the Service, California Department of Fish and

Game (CDFG), and a non-profit corporation will oversee management of

the subregional reserve system. That mitigation plan would (1) minimize

impacts and provide appropriate feasible protection for the quino

checkerspot, (2) provide for habitat restoration/enhancement for the

butterfly; and (3) provide for monitoring and adaptive management of

quino checkerspots and their habitat within the reserve system. No

``take'' is authorized under the permit for those populations that are

considered to be essential to the butterfly's conservation.

Other planning efforts do not address the quino checkerspot, or may

include the butterfly but have not been completed. The quino

checkerspot may be addressed by a planning effort underway in southern

Orange County; however, the target species list has not yet been

determined. San Diego's Draft Multi-species Conservation Plan (MSCP)

does not include quino checkerspot as a covered species because the

risk of impacts is unknown and the plan cannot assure protection for

this species. A small group of quino checkerspot was sighted in 1996 on

Otay Mesa within the MSCP planning area; however, because the amount of

host plant available to this population is very low, this population is

not expected to persist to 1997 (J. Brown, and M. Singer, pers. comms.,

1996). The north-central San Diego County site is not included in any

multi-species planning efforts. Only one of the Riverside County quino

checkerspot populations occurs within the core reserve areas designated

in the approved Stephens' Kangaroo Rat Habitat Conservation Plan (RCHCA

1995). The quino checkerspot apparently will be considered in the

western Riverside County multi-species planning effort; however, this

plan has not yet been prepared, funded, or approved for implementation.

The Service does not presently have reasonable evidence that

conservation plans being implemented or developed will adequately

conserve either butterfly within their historic ranges. These taxa

would receive no legal protection while plans are being developed. For

reasons explained under ``Summary of Factors Affecting the Species''

below, sufficient threats remain for the Service to justify a listing

action.

Issue 2

Two commenters submitted information on three additional

populations of Laguna Mountains skipper at Mount Palomar and speculated

that the Laguna Mountains skipper has been extirpated from the Laguna

Mountains.

Service Response: The Service acknowledges the efforts by the

commenters to further determine the distribution and abundance of the

Laguna Mountains skipper. The information submitted was used in the

``Background'' section above and the following ``Summary of Factors

Affecting the Species.'' The Service has determined that, although

additional populations have been found, the Laguna Mountains skipper is

still an extremely rare butterfly threatened by a number of complex

factors. As demonstrated by the sightings in 1995, this butterfly is

not completely extirpated from the Laguna Mountains. However, failure

to locate the taxon in the Laguna Mountains during extensive 1994

survey efforts by Levy indicates extremely low population numbers.

Issue 3

One commenter questioned the extent to which livestock grazing is

the main reason for decline of the Laguna Mountains skipper, since the

intensity of grazing on public lands has been reduced.

Service Response: Based on information provided by the petitioner

and obtained from lepidopterists, Horkelia clevelandii plants are

stunted in areas that are grazed. As noted by Levy (1994), Horkelia is

an important nectar source and the loss of flowers to grazing would

impact the reproductive success of adult Laguna Mountains skippers. The

decline of the Laguna Mountains skipper has occurred over a number of

decades, with much of the decrease occurring prior to acquisition of

the land by a Federal agency. Additionally, as is stated in the

``Background'' section, butterflies are frequently more restricted than

their larval host plant due to other ecological requirements. Given

these considerations and the extreme rarity of this taxon, any

incidental trampling or predation by cattle could significantly impact

the taxon.

Issue 4

One commenter stated that there are more areas of Horkelia that are

not grazed than was stated in the proposed rule.

Service Response: The information submitted by the commenter was

incorporated into the ``Background'' and ``Summary of Factors Affecting

the Species.'' Subsequent to an analysis of the relevant maps provided

by a commenter, the Service concludes that the majority of Horkelia

clevelandii within the range of the Laguna Mountains skipper appears to

be grazed. In addition, the Service concludes that the areas currently

not subject to grazing were nonetheless previously grazed.

Issue 5

Two commenters stated that the Laguna Mountains skipper has an

ecological need for habitat disturbance. Historically, this disturbance

may have been due to a periodic fire regime. However, one of the

commenters maintained that grazing represents a substitute for that

fire disturbance.

Service Response: Livestock grazing does not replicate the type of

disturbance that a fire would bring. Highly managed livestock grazing

may be adequate to maintain populations of the host plant, Horkelia

clevelandii; however, this plant is also a preferred fodder for

livestock (Levy 1994). Additionally, the Laguna Mountains skipper is

currently found in five areas, only two of which are grazed. The

largest grazed habitat occupied by skippers is on both private and

public

[[Page 2317]]

land, but the intensity of grazing has been reduced on the public land.

Another population is in a campground where habitat extends onto a

grazing allotment; the pasture closest to the campground is grazed one

month per year. A third population is found in a finger of a meadow,

across a road from, but not in, the grazed portion of the meadow.

Grazing as a management tool for butterflies must be carefully

assessed and monitored for each butterfly species and a general

statement cannot be made regarding its effectiveness as a substitute

for fire. It is conceivable that if the numbers of Laguna Mountains

skipper were higher, there would be a greater tolerance for certain

schedules and intensities of livestock grazing. However, because the

taxon's numbers are currently extremely low, the impacts of trampling

and incidental predation from livestock grazing would likely be

significant. Currently there is no empirical evidence that the Laguna

Mountains skipper can tolerate grazing.

The Service solicited the expert opinions of seven appropriate and

independent specialists regarding pertinent scientific or commercial

data and assumptions relating to the taxonomy and biological and

ecological information for these two taxa. The response received

provided additional data that have been incorporated into this final

rule.

Summary of Factors Affecting the Species

After a thorough review and consideration of all information

available, the Service has determined that the Laguna Mountains skipper

(Pyrgus ruralis lagunae J. Scott) and quino checkerspot butterfly

(Euphydryas editha quino Behr) should be classified as endangered

species. Procedures found at section 4 of the Endangered Species Act

(16 U.S.C. 1531) and regulations (50 CFR part 424) promulgated to

implement the listing provisions of the Act were followed. A species

may be determined to be an endangered or threatened species due to one

or more of the five factors described in section 4(a)(1). These factors

and their application to the Laguna Mountains skipper and the quino

checkerspot are as follows.

A. The Present or Threatened Destruction, Modification, or Curtailment

of its Habitat or Range

The habitats and the ranges of the two taxa listed in this rule

have been substantially reduced by urban and agricultural development

and recreational activities, and are further threatened with

destruction, modification, and curtailment. The Laguna Mountains

skipper and the quino checkerspot currently occur within very

restricted ranges and are extremely localized in their present

distributions. The habitat requirements for these two animals are

primarily defined by their larval host plants. The removal or

degradation of these plants, as well as that of nectar sources for

adults, leads to the elimination of the affected population.

In the case of the Laguna Mountains skipper, Horkelia clevelandii

is itself a rare species and is only found in the Laguna, Cuyamaca, and

San Jacinto Mountains of southwestern California, and in northwestern

Baja California, Mexico (Hickman 1993). Historic habitat destruction

and degradation from overgrazing and trampling of H. clevelandii by

domestic cattle is considered to be the primary factor responsible for

its decline (Murphy 1990; D. Hogan, in litt., 1991; J. Brown, in litt.,

1992).

Currently three of the five localities of Laguna Mountains skipper

are not subject to livestock grazing. The fourth population occurs in

the Laguna Mountains, in a campground area of the Cleveland National

Forest bordering a grazing allotment (Murphy 1990; D. Hogan, pers.

comm., 1993). The fifth is on a grazing allotment, with habitat that

extends onto private lands. Although the magnitude of livestock grazing

on this allotment has been reduced, any impacts from grazing would

likely have a significant effect on the taxon due to the small numbers

of Laguna Mountains skippers.

If there were greater numbers of individuals and more populations,

the Laguna Mountains skipper might be able to tolerate certain levels

and timing of livestock grazing. However, given the low numbers of this

butterfly, any impacts to its habitat would be significant. The

grizzled skipper (Pyrgus malvae) in England is able to tolerate grazing

at a highly managed level (Levy 1994). The rare Dakota skipper

(Hesperia dacotae) is sensitive to even light grazing (Royer and

Marrone 1992, Moffat and McPhillips 1993). Some species of butterflies

have habitat requirements that need a managed grazing scheme whereas

others have habitat that recovers with reduced grazing. However,

previous studies indicate that the use of grazing as a management tool

for butterflies must be done carefully and at low intensities (Kulfan

1990, Thomas et al. 1992, Moffat and McPhillips 1993, Thomas and Jones

1993). A grazing plan for management of the Laguna Mountains skipper

has yet to be developed.

Fifty to seventy-five percent of the known range of the quino

checkerspot has been lost since 1900 due to habitat degradation or

destruction (Brown 1991). Sunny openings within chaparral and coastal

sage scrub occupied by the quino checkerspot have been degraded by

grazing and, to a lesser degree, destroyed by urban development. The

primary larval food plant, Plantago erecta, can be displaced by exotic

plants that invade once the ground is disturbed by discing, grading,

and/or grazing (J. Johnson, in litt., 1989; G. Ballmer, in litt.,

1990). The host plant then recolonizes in sites where grasses do not

grow well, like cattle trails and road edges, where quino checkerspot

larvae are subject to trampling (D. Hawks, pers. comm., 1993).

The encroachment of urban development in rural Riverside County

potentially threatens two of the largest populations of quino

checkerspot. This area is growing rapidly and is projected to be fully

developed within the decade (Monroe et al. 1992). One population is in

an area that is included in a local community plan that provides for

subdivision of parcels into 9-hectare (ha) (20-acre (ac)) lots (M.

Freitas, in litt., 1993). Another population is on the site of an

approved preliminary map for a housing development. The loss of these

two populations is likely to preclude survival and recovery of the

taxon.

The quino checkerspot population in southern San Diego County may

be threatened by a proposed urban development project on Otay Mesa. The

preferred alternative for the Otay Ranch New Town Plan (the largest

planned community in the southwestern U.S.) would result in the loss of

5,600 ha (14,000 ac) of upland shrub communities, or about 52 percent

of the extent of the plant communities within the project area. The

effects of this project on the recently observed quino checkerspot

population on Otay Mesa are not known at this time but are likely to be

significant.

Additional development is expected to further reduce and degrade

habitat of the quino checkerspot through construction of homes and

roads, and increases in fire frequencies, unauthorized trash dumping,

and the distribution and abundance of exotic plants. An existing

recreational vehicle park and marina in the vicinity of quino

checkerspot habitat attracts unauthorized use of off-road vehicles

(ORV's) within natural habitat areas. ORV's increase erosion and fire

hazards and destroy habitat by creating trails.

[[Page 2318]]

Evidence of ORV use is apparent at one of the quino checkerspot

localities, where a recently created dirt road bisects the center of

the habitat (G. Ballmer, in litt., 1991). Quino checkerspot habitat at

this locality has also been disced in part; these disturbed areas no

longer support this taxon, while the surrounding undisturbed areas do

(G. Ballmer, in litt., 1991).

Bureau of Land Management (BLM)-administered lands and USFS

Wilderness Areas are currently contiguous with some privately owned

quino checkerspot habitat. As Riverside County becomes more densely

populated, and these privately owned parcels are developed,

fragmentation and degradation of this contiguous habitat is expected.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

Over-collection is a potential threat to both the Laguna Mountains

skipper and the quino checkerspot because of their value to butterfly

collectors. There is an extensive commercial trade for many imperiled

or rare butterflies (Chris Nagano, John Mendoza, and Cindy Schroeder,

USFWS, pers. obs., 1992-95). Johnson (in litt., 1989) has noted that as

the number of quino checkerspot colonies is reduced, lepidopterists may

collect individuals in order to include rare species in their

collections and to obtain surplus specimens for exchange or sale to

other collectors. The remaining populations of the quino checkerspot

and the Laguna Mountains skipper continue to be threatened by over-

collection.

In the spring of 1993, populations of the quino checkerspot were

the subject of collections for voucher specimens and captive-rearing

(D. Hawks, pers. comm., 1993). Although there are no studies of the

impact of the removal of individuals on natural populations of either

of the butterfly taxa in this rule, related studies of another

endangered nymphalid butterfly (Gall 1984a and 1984b) and a lycaenid

butterfly (Duffey 1968) suggest that the two taxa in this rule could be

adversely affected given the isolation of their apparently small

populations. Collecting from small colonies or repeated handling and

marking (particularly of females or in years of low abundance) could

seriously damage the populations through loss of individuals and

genetic variability (Singer and Wedlake 1981, Gall 1984b, Murphy 1988).

Collecting females dispersing from a colony can also reduce the

probability that new colonies will be founded. Collectors pose a threat

because they may be unable to recognize when they are depleting already

substantially reduced butterfly colonies below the thresholds of

survival and/or recovery, especially when they lack appropriate

biological training or visit the area for a short period of time

(Collins and Morris 1985).

An additional significant threat to the survival of both taxa in

this rule is the potential for vandalism by landowners who may view the

presence of sensitive species as an obstacle to development. The

habitat of the largest and densest quino checkerspot population in

Riverside County was deliberately disced in 1984 or 1985 to eliminate

the population (J. Johnson, in litt., 1989).

C. Disease or Predation

Disease is not known to be a factor affecting the taxa listed in

this rule. There are no documented observations of predation on the

Laguna Mountains skipper. However, the CDFG has released and is

proposing to continue releasing wild turkeys in the Palomar and

Descanso Ranger Districts of the Cleveland National Forest for the

purposes of recreational hunting. Alternative release sites are within

historic Laguna Mountains skipper habitat and upstream from occupied

habitat. Wild turkeys feed mostly on wild oats, insects, and acorns.

During its first four weeks, 60 to 90 percent of a young turkey's diet

consists of animal food, primarily insects. The adult diet consists of

15 to 25 percent animal food and turkeys are known to eat moth larvae

(CDFG 1994). The Laguna Mountains skipper is also threatened by

incidental predation from livestock grazing. The host plant is

palatable to grazers (Levy 1994) and any feeding larvae could be

incidentally eaten and/or trampled. This is a significant impact to the

low population numbers of the Laguna Mountains skipper.

There is evidence that predation is a threat to the quino

checkerspot. Preliminary studies (D. Hawks, pers. comm., 1993; G.

Ballmer, pers. comm., 1994) indicate that predation has contributed to

the decline of the quino checkerspot at sites where habitat has been

invaded by non-native plant species, which may also harbor predatory

arthropods. Sites within historical quino checkerspot habitat that have

been heavily invaded by Mediterranean plant species also have high

sowbug (Armadillidium sp. and Porcellio sp.) and earwig (Euborellia

annulipes and Forficula auricularia) densities. Sowbugs and earwigs

prey upon butterfly eggs. These predators are absent from natural sites

currently occupied by the quino checkerspot (D. Hawks, pers. comm.,

1993; G. Ballmer, pers. comm., 1994). Argentine ants (Iridomyrmex

humilis) are also a potential predator that co-occur with earwigs and

sowbugs. The number of these introduced predators is expected to

increase with the spread of development because these exotics thrive in

irrigated horticultural environments which may be adjacent to natural

quino checkerspot habitat.

In general, outbreaks of disease or parasitism are more likely to

occur under conditions of high population densities. The Laguna

Mountains skipper occurs in low population densities; most populations

of the Quino checkerspot also occur at low densities. Although specific

parasites are unknown for the Laguna Mountains skipper and the quino

checkerspot, Johnson (in litt., 1989) suggests that under certain

conditions, parasitism can eliminate a butterfly colony by building the

parasite load of a population, thus contributing to the crash of that

population. This cycle can only continue if the affected area is

recolonized by butterflies, which may be unlikely when the host-

butterfly population is small, fragmented, and isolated. However, if

alternative parasite hosts exist in areas occupied by the butterflies,

populations of parasites can be maintained on those alternative hosts

in sufficient numbers to affect butterfly populations.

D. The Inadequacy of Existing Regulatory Mechanisms

Existing regulatory mechanisms that could provide some protection

for both the Laguna Mountains skipper and the quino checkerspot

include: (1) listing under the California Endangered Species Act; (2)

adequate consideration under the California Environmental Quality Act

(CEQA) and the National Environmental Policy Act (NEPA); (3) local laws

and regulations; (4) occurrence with other species protected by the

Federal Endangered Species Act; and (5) land acquisition and management

by Federal, State, or local agencies, or by private groups and

organizations for the conservation of these taxa.

Neither of the taxa in this rule is under consideration for listing

under the California Endangered Species Act. The CDFG is unable to

protect insects under its current regulations (Pete Bontadelli, CDFG,

in litt., 1989).

The status of and threats to the Laguna Mountains skipper and the

quino checkerspot, as discussed above, reflect the failure of CEQA,

NEPA, and local laws and regulations to protect and provide for the

conservation of these taxa. Although there are several regional

[[Page 2319]]

conservation planning efforts underway within the range of the quino

checkerspot, they have either not been completed, approved, funded, or

implemented, or they have not provided adequate protection for this

taxon.

The Service is not aware of any overlap in distribution between the

Laguna Mountains skipper and any State or federally listed animal

species. At one or two localities it may overlap with Parish's

meadowfoam (Limnanthes gracilis ssp. parishii), currently proposed for

Federal listing as threatened (59 FR 39879). However, the listing of a

plant does not afford the same level of protection as the listing of an

animal (16 U.S.C. 1538 (a)) and the coincidental protection of the

Laguna Mountains skipper would be minimal at best. At some localities,

the quino checkerspot co-occurs with the coastal California gnatcatcher

(Polioptila californica californica), a federally listed threatened

species, and Stephens' kangaroo rat (Dipodomys stephensi), a federally

listed endangered species. However, the habitat requirements for the

quino checkerspot are different from either the coastal California

gnatcatcher or Stephens' kangaroo rat. Additionally, the Stephens'

Kangaroo Rat Habitat Conservation Plan (HCP) for western Riverside

County provides protection for only one population of the quino

checkerspot (RCHCA 1995). The NCCP/HCP for the Central and Coastal

Subregion of Orange County may potentially provide some protection for

the quino checkerspot; however, the butterfly is not known to be extant

within the planning area and systematic surveys are lacking. The quino

checkerspot is not considered adequately conserved by the MSCP in San

Diego County.

Some protection is afforded to the Laguna Mountains skipper on USFS

land. Considering the small population size and extremely limited

distribution of the Laguna Mountains skipper, this protection is

insufficient to conserve the taxon. In the case of the quino

checkerspot, some protection may be provided to one population by its

occurrence, in part, on BLM land in Riverside County. However, this

Federal land is currently subject to ORV activity (G. Ballmer, in

litt., 1991).

No specific regulations protect the quino checkerspot in Mexico.

However, all hunting and export of wildlife in Mexico is prohibited,

except under permit (Fuller and Swift 1984; Secretaria de Agricultura y

Ganaderia, Subsecretaria y de la Fauna, Departmento de Conservation de

la Fauna, undated). Little is known of the status of the isolated

populations in Mexico (Allen 1990) and any protection afforded to these

populations does not insure the survival of the taxon.

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

The extremely restricted range, localized distribution, and small

population size of the Laguna Mountains skipper and the quino

checkerspot make them vulnerable to the effects of habitat loss,

degradation and fragmentation, especially with regard to naturally

occurring events (e.g., see Gilpin and Soule 1986). For example,

several populations of the butterflies listed in this rule are known to

consist of fewer than 5 to 15 individuals. The occurrence of even one

of the following naturally occurring events could easily extirpate

these populations.

Although both butterflies occur in fire-adapted ecosystems, a

single fire event could eliminate affected populations. Orsak (1977)

reported that a quino checkerspot population near Hidden Ranch, Black

Star Canyon in the Santa Ana Mountains of Orange County was apparently

destroyed by a fire in 1967. The quino checkerspot may be extirpated

from Orange County.

Fire may be a necessary component for the maintenance of Laguna

Mountains skipper habitat. The diversity of montane meadow habitats may

be fire-dependent, including the skipper's larval host plant (Levy

1994). Historically, the skipper may have experienced local

extirpations and recolonizations following local fire events. However,

the present discontinuity and low population numbers would not enable

the Laguna Mountains skipper to tolerate local extirpations due to

fire.

Periodic droughts, like those that have occurred in recent years in

southwestern California, can adversely affect both of the taxa in this

rule. Drought is known to decrease numbers of butterflies (Thorne

1963). In addition to killing larvae by desiccation, drought conditions

may (1) cause the early senescence or death of the larval host plant

prior to completion of larval development or (2) lower the nutritional

quality of the host plant (e.g., water content). Drought can also

reduce the quantity and quality of adult nectar sources. Larval

starvation and extirpation of local populations during periods of

drought have been documented for Euphydryas editha (White 1974, Ehrlich

et al. 1980).

The quino checkerspot is somewhat adapted to unpredictable weather

patterns but requires sufficient patches of suitable habitat to respond

to this environmental variability. The quino checkerspot's dispersal

capabilities vary considerably depending upon rainfall patterns and the

resulting availability of adult nectar sources and larval food plants.

For example, a San Diego County population of the quino checkerspot

exhibited an increase in numbers as a result of favorable weather

(Murphy and White 1984). The greater number of larvae defoliated the

larval food plants. This central core area was left without sufficient

egg-laying sites for females, and adults dispersed greater distances in

search of additional suitable habitat. Ideally these dispersing adults

would have found marginally suitable areas and in subsequent

generations would have returned to a central core area. In this case,

the mass dispersal failed to restore populations in previously occupied

habitat, and the butterflies have not re-colonized the original site

(Murphy and White 1984; Murphy, in litt., 1988).

Habitat fragmentation can affect the genetic heterogeneity of small

isolated populations like those of the Laguna Mountains skipper and the

quino checkerspot. A basic principle of genetics states that small,

fragmented populations are subject to a higher frequency of genetic

drift and inbreeding. As a consequence, genetic variation of the

population and individual heterozygosity is decreased. That can lead to

inbreeding depression and lowered fitness of individuals. Low genetic

diversity may decrease the ability of a species to adapt to changing

environmental conditions. Genetically homogenous populations may be at

a greater risk of extinction from environmental or demographic

variability (e.g., from fire or drought events) than are large, diverse

populations that can more readily recover from such events. For

example, variation in the length of diapause among butterfly offspring

requires genetic heterogeneity (Seger and Brockman 1987). If a

population is variable in diapause length, it has a lower risk of

losing an entire cohort to adverse environmental conditions during any

given season. Individuals with prolonged diapause may survive if

drought causes high mortality during the next season. A large

population or metapopulation can maintain the genetic heterogeneity

needed to maintain the population during these kinds of events, but

small, isolated populations cannot.

Interconnected populations can act as reservoirs to maintain other

populations that may be subject to periodic extirpation (Murphy and

White 1984, Harrison et al. 1988). If a naturally

[[Page 2320]]

occurring event eliminates a population of either of these taxa, few,

if any neighboring populations are available to recolonize the area. No

information is available regarding the dispersal abilities of the

Laguna Mountains skipper. The sedentary behavior of the quino

checkerspot decreases the probability that natural, long-distance

dispersal could re-establish most extirpated local populations.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by these two taxa in determining to make this rule

final. Based on this evaluation, the Service finds that the preferred

action is to list the Laguna Mountains skipper (Pyrgus ruralis lagunae)

and the quino checkerspot (Euphydryas editha quino) as endangered. The

range and habitat of these taxa has been substantially reduced by

historical activities associated with urban and agricultural

development and recreational activities. These two taxa are threatened

by one or more of the following factors--habitat alteration and

destruction resulting from urban and agricultural development, grazing,

fire management practices, over-collection, recreational activities,

and displacement of the larval host plant by exotic species. The

extremely restricted range, localized distribution, and small

population size of both butterflies makes them very vulnerable to

extinction by the factors listed above as well as by naturally

occurring events such as fire and drought. For these reasons, the

Service finds that the Laguna Mountains skipper and the quino

checkerspot are in imminent danger of extinction throughout all or a

significant portion of their ranges. Threatened status would not

accurately reflect the diminished status and the threats to these taxa.

Other alternatives to this action were considered but not preferred

because not listing these taxa would not provide adequate protection

and would be inconsistent with the purposes of the Act. Critical

habitat is not being proposed for these taxa for the reasons discussed

below.

Critical Habitat

Critical habitat is defined in section 3 of the Act as: (i) the

specific areas within the geographical area occupied by a species, at

the time it is listed in accordance with the Act, on which are found

those physical or biological features (I) essential to the conservation

of the species and (II) that may require special management

considerations or protection; and (ii) specific areas outside the

geographical area occupied by a species at the time it is listed, upon

a determination that such areas are essential for the conservation of

the species. ``Conservation'' means the use of all methods and

procedures needed to bring the species to the point at which listing

under the Act is no longer necessary.

Section 4(a)(3) of the Act, as amended, and implementing

regulations (50 CFR 424.12) require that, to the maximum extent prudent

and determinable, the Secretary designate critical habitat at the time

the species is determined to be endangered or threatened. The Service

finds that designation of critical habitat is not prudent for the

Laguna Mountains skipper and the quino checkerspot at this time.

Service regulations (50 CFR 424.12(a)(1)) state that designation of

critical habitat is not prudent when one or both of the following

situations exist--(1) The species is threatened by taking or other

human activity, and identification of critical habitat can be expected

to increase the degree of such threat to the species, or (2) such

designation of critical habitat would not be beneficial to the species.

Publication of precise maps and descriptions of critical habitat

for the quino checkerspot and the Laguna Mountains skipper could result

in increased collection of specimens by collectors. The commercial

trade in rare butterflies could increase demand for these taxa once

they are listed as endangered and critical habitat maps could lead

unscrupulous collectors to endangered populations. Additional habitat

destruction through trampling, discing, grading, and vandalism could

result as well. As discussed above under Factor B in ``Summary of

Factors Affecting the Species,'' habitat for one of the largest quino

checkerspot colonies was graded in Riverside County to deliberately

eliminate that population, and a number of quino checkerspot colonies

have been subject to collection.

The additional protection provided by the designation of critical

habitat to a species would be provided through section 7 of the Act.

Section 7(a) of the Act, as amended, requires Federal agencies to

evaluate their actions with respect to any species that is proposed or

listed as endangered or threatened and with respect to its critical

habitat, if any is being designated. Section 7(a)(2) requires Federal

agencies to insure that activities they authorize, fund, or carry out

are not likely to jeopardize the continued existence of such a species

or destroy or adversely modify its critical habitat. The two taxa in

this rule are confined to small geographical areas, and each population

is composed of so few individuals that the determinations for jeopardy

to the species and adverse modification of critical habitat would be

similar. Therefore, designation of critical habitat provides no

benefits beyond those that these taxa would receive by virtue of their

listing as endangered species, and would likely increase the risk of

threat from collecting or other human activities. The Service concludes

that the designation of critical habitat for the Laguna Mountains

skipper and the quino checkerspot is not prudent at this time.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Act include recognition, recovery actions,

requirements for Federal protection, and prohibitions against certain

practices. Recognition through listing results in public awareness and

conservation actions by Federal, State, and local agencies, private

organizations, and individuals. The Act provides for possible land

acquisition and cooperation with the States and requires that recovery

actions be carried out for all listed species. The protection required

of Federal agencies and the prohibitions against taking and harm are

discussed, in part, below.

Section 7(a) of the Act, as amended, requires Federal agencies to

evaluate their actions with respect to any species that is proposed or

listed as endangered or threatened and with respect to its critical

habitat, if any is being designated. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

part 402. Section 7(a)(1) requires Federal agencies to use their

authorities to further the purposes of the Act by carrying out programs

for listed species. Section 7(a)(2) of the Act requires Federal

agencies to insure that activities they authorize, fund, or carry out

are not likely to jeopardize the continued existence of the species. If

a Federal action may affect a listed species, the responsible Federal

agency must enter into formal consultation with the Service.

Federal agencies expected to have involvement with the Laguna

Mountains skipper and the quino checkerspot include the USFS and BLM

due to the presence of habitat and populations within their

jurisdiction. The Laguna Mountains skipper occurs on private and State-

owned land as well as USFS lands. The quino checkerspot mostly occurs

on privately owned lands with little or no Federal involvement,

although the BLM owns a portion of one

[[Page 2321]]

site. The USFS is currently conferencing with the Service under section

7 of the Act in order to address grazing impacts within the Cleveland

National Forest on both the Laguna Mountains skipper and quino

checkerspot.

The Act and its implementing regulations found at 50 CFR 17.21 set

forth a series of general prohibitions and exceptions that apply to all

endangered wildlife. These prohibitions, in part, make it illegal for

any person subject to the jurisdiction of the United States to take

(including harass, harm, pursue, hunt, shoot, wound, kill, trap,

capture, collect, or to attempt any of these), import or export,

transport in interstate or foreign commerce in the course of commercial

activity, or sell or offer for sale in interstate or foreign commerce

any listed species. It is also illegal to possess, sell, deliver,

carry, transport, or ship any such wildlife that has been taken

illegally. Certain exceptions apply to agents of the Service and State

conservation agencies.

It is the policy of the Service published in the Federal Register

on July 1, 1994 (59 FR 34272), to identify to the maximum extent

practicable at the time a species is listed those activities that would

or would not constitute a violation of section 9 of the Act. The intent

of this policy is to increase public awareness of the effect of a

listing on proposed and ongoing activities within a species' range. The

Service is currently coordinating with the USFS regarding activities on

lands under their jurisdiction that may affect the taxa in this rule.

Activities that the Service believes could potentially harm the Laguna

Mountains skipper and the quino checkerspot and result in take include,

but are not limited to:

(1) Unauthorized handling or collecting of the taxa;

(2) Unauthorized destruction/alteration of their habitat, including

unauthorized livestock grazing;

(3) Unauthorized pesticide applications in violation of label

restrictions.

Activities that the Service believes are unlikely to result in a

violation of section 9 are:

(1) Possession, delivery, or movement, including interstate

transport and import into or export from the United States, involving

no commercial activity, dead specimens of these taxa that were

collected prior to the date of publication in the Federal Register of

the final regulation adding these taxa to the list of endangered

species;

(2) Roadkills or injuries by vehicles on designated public roads;

(3) Normal, authorized recreational activities in designated

campsites and on authorized trails.

Questions as to whether specific activities will constitute a

violation of section 9 should be directed to the Service's Carlsbad

Field Office (see ADDRESSES section).

Permits may be issued to carry out otherwise prohibited activities

involving endangered wildlife species under certain circumstances.

Regulations governing such permits are at 50 CFR 17.22 and 17.23. Such

permits are available for scientific purposes, to enhance the

propagation or survival of the species, and/or for incidental take in

connection with otherwise lawful activities. Requests for copies of the

regulations on listed wildlife and plants and inquiries on prohibitions

and permits should be addressed to the U.S. Fish and Wildlife Service,

Ecological Services--Endangered Species Permits, 911 NE 11th Avenue,

Portland, Oregon 97232-4181 (telephone 503/231-6241; facsimile 503/231-

6243).

Where applicable, the Service is encouraging private landowners to

include the Laguna Mountains skipper and the quino checkerspot

butterflies in habitat conservation plans developed as part of

applications for incidental take permits. To date, one plan has

included the quino checkerspot in the Central and Coastal Subregion of

Orange County.

Reasons for Effective Date

The Service is concerned that issuance of a final rule for these

animals that is not effective immediately upon publication will result

in greatly intensified levels of collecting and commercial trade of the

Laguna Mountains skipper and particularly the quino checkerspot (see

Factor B above). In addition, any delay in the effective date of this

rule provides an opportunity for vandalism by persons not wanting

endangered species on their property. Because of the immediate threat

posed by these activities, the Service finds that good cause exists for

this rule to take effect immediately upon publication in accordance

with 5 U.S.C. 553(d)(3).

National Environmental Policy Act

The Fish and Wildlife Service has determined that Environmental

Assessments and Environmental Impact Statements, as defined under the

authority of the National Environmental Policy Act of 1969, need not be

prepared in connection with regulations adopted pursuant to section

4(a) of the Endangered Species Act of 1973, as amended. A notice

outlining the Service's reasons for this determination was published in

the Federal Register on October 25, 1983 (48 FR 49244).

Required Determinations

The Service has examined this regulation under the Paperwork

Reduction Act of 1995 and found it to contain no information collection

requirements. This rulemaking was not subject to review by the Office

of Managment and Budget under Executive Order 12866.

References Cited

A complete list of all references cited herein is available upon

request from the Carlsbad Field Office (see ADDRESSES section).

Author

The primary author of this final rule is Marjorie Nelson of the

Carlsbad Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Regulation Promulgation

Accordingly, part 17, subchapter B of chapter I, title 50 of the

Code of Federal Regulations, is amended as set forth below:

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. Section 17.11(h) is amended by adding the following, in

alphabetical order under INSECTS, to the List of Endangered and

Threatened Wildlife, to read as follows:

Sec. 17.11 Endangered and threatened wildlife

* * * * *

(h) * * *

[[Page 2322]]

--------------------------------------------------------------------------------------------------------------------------------------------------------

Species Vertebrate

-------------------------------------------------------- population where Critical Special

Historic range endangered or Status When listed habitat rules

Common name Scientific name threatened

--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *

Insects

* * * * * * *

Butterfly, quino checkerspot..... Euphydryas editha U.S.A. (CA), Mexico NA................. E 604 NA NA

quino.

* * * * * * *

Skipper, Laguna Mountains........ Pyrgus ruralis U.S.A. (CA)........ NA................. E 604 NA NA

lagunae.

* * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: December 24, 1996.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 97-1111 Filed 1-15-97; 8:45 am]

BILLING CODE 4310-55-P