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66292 Federal Register / Vol. 71, No.

219 / Tuesday, November 14, 2006 / Proposed Rules

* Elevation in feet
+ Elevation in feet
Flooding source(s) Location of referenced elevation Communities affected
# Depth in feet
above ground

Effective Modified

Town of Milton
Maps are available for inspection at The Caswell County Planning Department, 144 Main Street, Yanceyville, North Carolina.
Send comments to The Honorable Walter L. Thomas, IV, Mayor of the Town of Milton, P.O. Box 248, Milton, North Carolina 27305.
Town of Yanceyville
Maps are available for inspection at the City of Yanceyville Planning Office, 200 East Church Street, Yanceyville, North Carolina.
Send comments to The Honorable Daniel Printz, Mayor of the City of Yanceyville, P.O. Box 918, Yanceyville, North Carolina 27379.

(Catalog of Federal Domestic Assistance No. DATES: The finding announced in this that listing may be warranted, we make
83.100, ‘‘Flood Insurance.’’) document was made on November 14, a finding within 12 months of the date
Dated: November 6, 2006. 2006. of the receipt of the petition on whether
David I. Maurstad, ADDRESSES: You may send data, the petitioned action is (a) Not
Director, Mitigation Division, Federal information, comments, or questions warranted, (b) warranted, or (c)
Emergency Management Agency, Department concerning this finding to Ken Berg, warranted, but the immediate proposal
of Homeland Security. Attn: Island Marble Butterfly, Western of a regulation implementing the
[FR Doc. E6–19110 Filed 11–13–06; 8:45 am] Washington Fish and Wildlife Office, petitioned action is precluded by other
BILLING CODE 9110–12–P U.S. Fish and Wildlife Service, 510 pending proposals to determine whether
Desmond Drive, SE., Suite 102, Lacey, any species is threatened or endangered,
WA 98503; or via fax to 360–753–9008. and expeditious progress is being made
You may inspect the petition, to add or remove qualified species from
administrative records, supporting the Lists of Endangered and Threatened
Fish and Wildlife Service information, and comments received by Wildlife and Plants. Section 4(b)(3)(C) of
appointment during normal business the Act requires that a petition for
50 CFR Part 17 hours at the above address. which the requested action is found to
be warranted but precluded be treated
Endangered and Threatened Wildlife as though resubmitted on the date of
Thomas or Jodi Bush at the Western
and Plants; 12-Month Finding on a such finding, i.e., requiring a
Washington Fish and Wildlife Office
Petition to List the Island Marble subsequent finding to be made within
(see ADDRESSES); or by telephone at
Butterfly (Euchloe ausonides 12 months. Each subsequent 12-month
360–753–9440; or by fax at 360–753–
insulanus) as Threatened or finding will be published in the Federal
9008; or by electronic mail at
Endangered Register.
AGENCY: Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: Previous Federal Action
Interior. On January 22, 2003, we sent a letter
ACTION: Notice of 12-month petition acknowledging receipt of the petition to
finding. On December 11, 2002, we received a Scott Hoffman Black, Executive Director
petition dated December 10, 2002, of the Xerces Society. In our response,
SUMMARY: We, the U.S. Fish and requesting that we emergency list the we advised the petitioners that we had
Wildlife Service (Service), announce a island marble butterfly (Euchloe insufficient funds to respond to the
12-month finding on a petition to list ausonides insulanus) as an endangered petition at that time and that we would
the island marble butterfly (Euchloe species, and that we designate critical not be able to begin processing the
ausonides insulanus) under the habitat concurrently with the listing. petition in a timely manner.
Endangered Species Act of 1973, as The petition, submitted by the Xerces On April 5, 2004, we received a 60-
amended (Act). After review of all Society, Center for Biological Diversity, day notice of intent to sue for three
available scientific and commercial Friends of the San Juan, and Northwest butterfly species, the Taylor’s
information, we find that the petitioned Ecosystem Alliance, was clearly checkerspot (Euphydryas editha taylori),
action is not warranted. Furthermore, identified as a petition for a listing rule the mardon skipper (Polites mardon),
the Service and the National Park and contained the names, signatures, and the island marble butterfly. On
Service (NPS) have entered into a and addresses of the requesting parties. October 18, 2004, plaintiffs filed a
Conservation Agreement that Included in the petition was supporting complaint for declaratory and injunctive
implements conservation measures information regarding the species’ relief, which specifically addressed
specifically addressing the needs of the taxonomy and ecology, historical and conservation actions needed for the
island marble butterfly. We request that current distribution, present status, island marble butterfly. Taylor’s
you submit any new information active imminent threats, and potential checkerspot and mardon skipper
concerning the status of and threats to causes of decline. butterflies were not addressed in that
sroberts on PROD1PC70 with PROPOSALS

this subspecies whenever it becomes Section 4(b)(3)(B) of the Act (16 complaint and are not assessed in this
available. We will continue to U.S.C. 1531 et seq.) requires that, for petition finding. We negotiated a
collaborate with our partners to expand any petition to revise the Lists of stipulated settlement agreement for the
the conservation efforts that have been Threatened and Endangered Wildlife island marble butterfly, dated February
instituted by several landowners on and Plants that contains substantial 28, 2005, in which we agreed to work
currently occupied habitat. scientific and commercial information cooperatively with our conservation

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Federal Register / Vol. 71, No. 219 / Tuesday, November 14, 2006 / Proposed Rules 66293

partners to conduct surveys and to is completed by mid-June in the San camas), Fritillaria lanceolata (chocolate
assess the ecological needs of the Juan Islands, Washington (Miskelly lily), Zygadenus venenosus (death
subspecies during 2005. We also agreed 2005, p. 5). Eggs may be observed for a camas), and Cerastium arvense (field
to submit a 90-day petition finding to week beyond when adults are observed, chickweed) (Lambert 2005c, p. 7).
the Federal Register by February 5, and larvae have been observed until Arabis spp. (rockcress species) were
2006, and if necessary, submit a 12- early July (Miskelly 2005, p. 5). likely food plants for the island marble
month finding to the Federal Register butterfly (Guppy and Shepard 2001, p.
Distribution and Status
by November 5, 2006. 160); however, they are currently rare in
A 90-day finding was published in the Historically, the island marble much of the San Juan Islands.
Federal Register on February 13, 2006 butterfly has always been rare (Guppy Island marble butterfly larvae are
(71 FR 7497). We found that the petition and Shepard 2001, p. 161). The currently known to feed on plants of the
presented substantial scientific subspecies was known from 14 museum Brassicaceae (mustard) family in three
information indicating that listing the records from collections made in British types of habitat: (1) Native Lepidium
island marble butterfly may be Columbia, Canada, from 1861 to 1908. virginicum var. menziesii (tall or Puget
warranted. Therefore, we initiated a The specimens are displayed in Sound peppergrass) found at the edge of
status review of the subspecies. A 60- museum collections in British coastal lagoons just above the marine
day public comment period was Columbia, Canada, and the Smithsonian shoreline of Griffin Bay, north of
opened, to allow the public to provide Institution, Washington, DC. American Camp, a National Historic
information for the status review. This Historically, the island marble butterfly Park on San Juan Island (Lambert 2005c,
document constitutes our 12-month was only known from Vancouver Island p. 7; Miskelly 2005, p. 7); (2) nonnative,
finding on the island marble butterfly, and the Canadian Gulf Islands, which annual mustards such as Brassica
and is submitted in fulfillment of the are part of the same geologic formation campestris (field mustard) and
stipulated settlement agreement. as the San Juan Archipelago. The island Sisymbrium altissimum (tall tumble-
On October 31, 2006, the Service and marble butterfly was last observed on mustard) in upland habitat; and (3) tall
the NPS entered into a ‘‘Conservation Gabriola Island, Canada in 1908; has not tumble-mustard in sand dune habitat.
Agreement and Strategy for the Island been observed on Vancouver Island or Adult island marble butterflies were
Marble Butterfly (Euchloe ausonides the Canadian Gulf Islands since 1908; most commonly observed nectaring on
insulanus),’’ that implements measures and was considered to be extirpated Lepidium virginicum var. menziesii,
within San Juan Islands National throughout its known range. The Brassica campestris, Sisymbrium
Historical Park specifically addressing butterfly was discovered on San Juan altissimum, Hypochaeris radicata (hairy
the conservation needs of the island Island, Washington, in 1998 by John cat’s ear), Taraxacum officinale
marble butterfly. Fleckenstein, a biologist with the (dandelion), and Cakile edentula (sea
Species’ Description and Life History Natural Heritage Program of the rocket) (Miskelly 2005, p. 6).
Washington Department of Natural The use of native and non-native
The island marble butterfly is a Resources (WDNR); that discovery was mustards by the island marble butterfly
member of the Pieridae family, published in 2001 by Guppy and is likely a shift from the preferred larval
subfamily Pierinae. The island marble Shepard (p. 160). food plants used historically. Guppy
butterfly is 1.75 inches (4.5 centimeters) and Shepard (2001, p. 160) discuss
long, creamy white (Pyle 2002, p. 142; Taxonomy several species of Arabis, Descurainia,
Guppy and Sheppard 2001, p. 159), and The island marble butterfly is distinct and Barbarea (all members of the
is larger than other subspecies of the from its nearest relative, the large Brassicaceae (mustard) family) that were
large marble butterfly (Euchloe marble butterfly (Euchloe ausonides), likely used by the island marble
ausonides). The yellow-green marbled which is widespread in British butterfly. Most of these plants are absent
pattern on the ventral hindwings and Columbia east of the Coast Range, and from San Juan and Lopez Islands,
forewings characterizes adults of the in Washington and Oregon, where it is possibly due to the shift in dominance
subspecies (Pyle 2002, p. 142; Guppy found exclusively east of the Cascade to pasture grasses and other sod-forming
and Sheppard 2001, p. 159). Mountains (Guppy and Shepard 2001, grasses associated with agricultural
The eggs of the island marble butterfly p. 160; Pyle 2002, p. 142). The large practices, which reduce the
are bluish-greenish to cream when laid marble butterfly is not found in coastal establishment and maintenance of
(Pyle 2002, p. 142; Guppy and Sheppard or island locations. Because the island native forb species. The island marble
2001, p. 159), and change to orange or marble butterfly has distinct physical butterfly appears to have shifted its
red at maturity. Larvae have five instars characteristics and its behavior is larval food preference to the nonnative
(developmental stages between each adapted to the mosaic of habitat species Brassica campestris and
molt) before over-wintering as pupae. conditions and plant assemblages Sisymbrium altissimum, although the
Larvae are steely-blue above, specifically adapted to the San Juan native Lepidium virginicum var.
transitioning to green below, with bright Islands, the subspecies has likely menziesii is currently used by island
yellow stripes along the sides and back, existed there for well over a century, marble butterfly larvae in lagoon
and are peppered with small black spots and perhaps since the last glaciation (R. habitat. A similar shift to nonnative
(Pyle 2002, p. 142). Fifth-instar larvae M. Pyle, pers. comm., June 2006). plants in situations where the preferred
walk about to find secure resting larval host plants no longer exist has
locations for pupation on the lower stem Habitat been observed in long-term studies of
of food plants, where the pupae over- The island marble butterfly was checkerspot butterflies (Ehrlich and
winter until emerging as adults the known to occur exclusively in grassland Hanski 2004, p. 131; Stinson 2005, p.
sroberts on PROD1PC70 with PROPOSALS

following spring. The island marble habitat that historically was dominated 88). It is not known whether this shift
butterfly is univoltine (the subspecies by the grasses Festuca roemeri (native to using nonnative plants by butterflies
has just one flight period per year) (Pyle bunchgrass), Elymus glaucus (blue was brought on by butterfly preference
2002, p. 142; Pyle 2003, p. 34). The wildrye), Danthonia californica or plant availability.
flight period of adult butterflies (California oat-grass), and native forbs Nonnative mustard species are able to
generally commences in early April and including Camassia quamash (common colonize disturbed areas. Many

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66294 Federal Register / Vol. 71, No. 219 / Tuesday, November 14, 2006 / Proposed Rules

temporary ground-disturbing activities by Dorazio et al. (2006, p. 842, 852) (4) The Central Lopez Island
have short-term effects that do not predicted that species’ occurrence and subpopulation is located on privately
appear to result in long-term changes to butterfly diversity could be predicted owned lands and lands owned by the
island marble butterfly population accurately through the careful location local school district managed as rural
numbers or distribution. Regardless of of surveys. They concluded that a farm and forest (241 ac (98 ha) of
how this shift in host plants occurred, reasonable estimate of abundance would occupied habitat).
the use of nonnative plants such as be attained through a reduced survey (5) The West Central Lopez Island
Brassica and Sisymbrium has likely effort when the plant community subpopulation is located on private
contributed to the survival of the island sampled was selected based on the lands managed for agricultural resources
marble butterfly on grassland habitat known occurrence of the target butterfly (11 ac (5 ha) of occupied habitat).
found within San Juan County, species. Several other observations of
Washington, and is expected to Surveys conducted in 2005 focused dispersed or isolated individuals were
continue to play a significant role in the on areas with suitable habitat, which made on Lopez and San Juan Islands.
species’ continued existence. was defined by the presence of the three Because of the relatively low number of
Surveys known larval food plants, Brassica individuals found (compared to the sites
campestris, Sisymbrium altissimum, identified above) and the distance from
In 2005 and 2006, we partnered with and Lepidium virginicum var. menziesii. the populations identified above, these
Washington Departments of Fish and Sites with island marble butterfly isolated individuals are not considered
Wildlife and Natural Resources (WDFW detections in 2005 were revisited by separate populations in the population
and WDNR), the NPS, the University of survey teams more than 5 times in 2006. count. Isolated sites, outside the
Washington, and the Xerces Society to Our survey efforts during 2006 locations described above, comprise an
survey for the presence of the island
focused on previously unsurveyed additional 2.5 ac (1 ha) of occupied
marble butterfly during the adult flight
islands and suitable habitat patches habitat.
period and while eggs were being laid
composed of host mustards. An After two seasons of intensive survey
and larvae were active (early April
additional objective in 2006 was to effort, we concluded that many types of
through late June). Qualified observers
survey appropriate habitat adjacent to habitat that we originally suspected to
conducted approximately 325 surveys at
sites on San Juan and Lopez Islands that be potentially suitable habitat are not
more than 150 distinct locations in 6
were documented to be occupied by being utilized because they do not
counties and on 16 islands. Surveys
island marble butterflies in 2005. The provide the conditions necessary for the
were conducted for adult butterflies
2005 survey sites were used as focal larval food plants. Areas occupied by
from mid-April to mid-June; eggs and
larvae were surveyed during an points, and surveys were expanded trees, areas above approximately 300
additional 2-week period after the outward into adjacent suitable habitat feet (92 m) elevation, and barrens
primary adult flight period (A. Potter, with landowner permission. Only a few occupied by European rabbits
Wildlife Biologist, WDFW, pers. comm. new subpopulations were documented (Oryctolagus cuniculus) did not provide
2006; A. Lambert 2005c, p. 14; Miskelly in 2006. suitable habitat conditions, and it is
2006, p. 14). The survey period was During the 2-year survey period, 26 unlikely that they would be occupied by
initiated on April 10 in both survey distinct locations occupied by the island island marble butterflies in the future
years, and was timed to commence with marble butterfly were documented. unless the rabbits were removed. Each
the flight period of the three previous Based on these surveys and the efforts of these habitat types has been surveyed
springs. Both surveys were conducted of interested landowners, we have and there have been no detections of
until the flight period was finished, determined that up to five populations island marble butterflies.
which was June 28, 2005, and June 17, may exist on the two islands. These One habitat that may be suitable, but
2006. Based on an analysis of potential populations are identified as: where we did not observe island marble
habitat using Geographic Information (1) American Camp and vicinity, butterflies, is grassland bald habitat
System (GIS) mapping, site visits, and which includes upland grassland (landforms with shallow soils, generally
field verification during 2005 and 2006, habitat, lagoon, and sand dune habitat on south-facing, dry, often steep slopes
we surveyed 85 to 90 percent of the located on southern San Juan Island. and dominated by herbaceous
potential available island marble The American Camp population is made vegetation, dwarf shrubs, or mosses and
butterfly habitat. up of lands managed by WDNR and NPS lichens) (WDNR 2006, p. 5). This habitat
All surveys were conducted using an (566 acres (ac) (229 hectares (ha)) of is found on many of the islands, and
Intuitive Controlled survey method occupied habitat), privately owned currently contains an assemblage of
(Thomas and Carey 1996, p. 152), in lands managed as rural residential that food plants used as adult nectar sources
which the surveyor walks at a leisurely are relatively highly developed (199 ac by the island marble butterfly. More
speed (about 200 meters (m) per 10 (81 ha) of occupied habitat), and importantly, grassland balds may be an
minutes), sweeping the grasses for privately owned lands managed as rural appropriate habitat for native mustards
hidden butterflies and closely farm and forest (66 ac (27 ha) of such as rockcress (Arabis spp.), and
examining specific areas of suitable occupied habitat). This population is particularly hairy rockcress (Arabis
habitat. A thorough search is also made considered the core island marble hirsuta), a larval food plant (Guppy and
in areas between suitable habitat and at butterfly population. Shepard 2001, p. 158). A. hirsuta is now
the perimeter of the habitat patch. (2) The San Juan Valley uncommon on many of the San Juan
The ability to detect the island marble subpopulation is located on privately County islands and was not observed in
butterfly, as with most butterflies, owned lands managed for agricultural any location where we found island
sroberts on PROD1PC70 with PROPOSALS

depends on the distribution and resources (33 ac (13 ha) of occupied marble butterflies. Despite our current
availability of host plants for egg laying, habitat). lack of documented occupation, we
larval development, and maturation to (3) The Northwest San Juan Island believe that more study is needed before
adult stages. Island marble butterflies subpopulation is located on privately we can understand the value of
were found only where the host owned lands managed as rural farm and grassland bald habitat to the island
mustards were found. Recent research forest (6.5 ac (3 ha) of occupied habitat). marble butterfly.

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Population Size population), include an additional 294 herbicides, prescribed fire, and
The known population size for island ac (118 ha) of occupied habitat (26 European rabbits may impact the island
marble butterflies is probably less than percent of the total occupied habitat). marble butterfly in its current range on
All subpopulations outside of the San Juan and Lopez Islands of San Juan
500 butterflies, and possibly as low as
American Camp core population are County, Washington.
300 individuals, based on counts of
small, and are found on mostly rural
adult butterflies from transect Development
farms that are actively managed by the
information collected over multiple Residential development occurs on
landowner and have suitable habitat
years at American Camp, the core both San Juan and Lopez Islands. In
containing the larval food plants.
population. The transect counts particular, the Cattle Point Estate and
Because small-scale farming regularly
completed at American Camp Eagle Cove developments on private
disturbs the soil and creates habitat for
documented 270 adult butterflies in host plants, these farms provide suitable lands adjacent to NPS lands at
2004, and 194 adult butterflies in 2005. habitat for the butterfly. The pattern of American Camp threaten Island Marble
Individual butterflies observed outside disturbances on public and private butterfly habitat and increase mortality
transects were added to the transect properties are expected to ensure that a by increasing roads and traffic. These
totals to give an estimate of the number mosaic of larval host plants and adult residential areas contain approximately
of butterflies found at all American nectar sources will continue to be 199 ac (81 ha) of the habitat occupied
Camp locations, including private and present within the core area for the by island marble butterfly, constituting
public properties. butterfly and at dispersed locations on 18 percent of the total estimated
The populations found on San Juan the islands. occupied habitat. Approximately 50
Island appear to display classic In coordination with the WDFW, the percent of the habitat at American Camp
metapopulation dynamics where a core WDNR, and NPS, and with support from proper (566 ac (229 ha)), including the
population exists (American Camp) Washington State University Extension NPS and WDNR lands will be managed
with several outlier subpopulations Service, we held meetings with local in a natural condition, which is
connected to it by migration (Ehrlich communities on San Juan and Lopez compatible with the conservation of the
and Hanski 2004, p. 59). The peripheral Islands in March 2006. More than 50 island marble butterfly.
subpopulations are made up of a few people attended these workshops, Development is occurring less rapidly
individuals that become established during which the biology of the island to the north and west of American Camp
periodically in suitable habitat as marble butterfly and conservation and on Lopez Island, where small, rural
individuals disperse from the core, and actions that could be implemented to farms with pastures and low-density
this habitat may or may not be occupied promote suitable habitat were private residences exist. Current
at all times. Peripheral locations of discussed. These meetings provided management in these areas is
island marble butterflies appear to be opportunities for surveying additional compatible with management of the
connected to the core by habitat areas and provided habitat enhancement island marble butterfly habitat. These
corridors that allow for dispersal and guidance for those landowners wanting areas contain about 361 ac (146 ha),
colonization. to share in the conservation of the constituting 32 percent of habitat known
During 2005 and 2006, when butterfly. to be occupied by island marble
extensive searches were made to locate butterflies.
new populations, we found individuals Summary of Factors Affecting the
at only a few locations outside of the Species Road Construction
core population at American Camp on Section 4 of the Act (16 U.S.C. 1533), A planned road relocation project by
San Juan Island. Most of these locations and implementing regulations at 50 CFR the Federal Highway Administration
had fewer than 5 adults, and one was part 424, set forth procedures for adding (FHA) will result in short-term adverse
composed of only a few eggs and larvae. species to the Federal Lists of affects to the island marble butterfly.
In 2006, new locations with individuals Endangered and Threatened Wildlife This project is planned for Cattle Point
were found; however, no island marble and Plants. Under section 4(a) of the Road, the single access to American
butterfly adults, eggs, or larvae were Act, we may list a species on the basis Camp, the Cattle Point Estates (a
detected at several of the outlier of any of five factors, as follows: (A) The residential area east of American Camp),
locations identified in 2005 (e.g., Lopez present or threatened destruction, and a WDNR parcel known as the Cattle
School and other private land holdings). modification, or curtailment of its Point Natural Resource Conservation
habitat or range; (B) overutilization for Area. The existing road, which covers
Population Structure
commercial, recreational, scientific, or about 3 ac (1 ha) is eroding. The
The core population of the Island educational purposes; (C) disease or slumping (deep-seated rotational
Marble butterfly at American Camp on predation; (D) the inadequacy of failure) of the sandy soil is displacing
San Juan Island makes up the majority existing regulatory mechanisms; or (E) the high bluff directly below the current
of the population. It contains as much other natural or manmade factors road grade.
as 75 percent of the total population, affecting its continued existence. In Impacts of the road relocation could
and 74 percent (832 ac (337 ha)) of the making this finding, information include temporary loss of as much as 13
habitat occupied by the island marble regarding the status of, and threats to, ac (5 ha) of island marble butterfly
butterfly. The remaining island marble the island marble butterfly in relation to habitat due to road construction
butterflies are dispersed in the five factors provided in section activities and clearing, and removal of
subpopulations found on private lands 4(a)(1) of the Act follows. the subspecies’ larval food plants and
on San Juan Island and in two adult nectar sources. Approximately 3
sroberts on PROD1PC70 with PROPOSALS

subpopulations on Lopez Island. These A. The Present or Threatened ac (1 ha) of habitat could be lost in the
peripheral subpopulations comprise Destruction, Modification, or short term, if the preferred alternative is
approximately 20 percent of the total Curtailment of Its Habitat or Range implemented. The NPS is planning to
population. These peripheral Residential development, road restore the decommissioned area using
subpopulations, along with isolated construction and decommissioning, native grasses and forbs (P. Dederich,
individual areas (5 percent of the total road maintenance activities, the use of NPS Superintendent, pers. comm. 2006;

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NPS Pacific West Region Directive 063), Grassland Restoration establishment of mustards. Based on
and as a result there would be no net Grassland restoration activities being discussions with us and other interested
loss of habitat from the road relocation implemented by NPS to restore historic parties, NPS has agreed to implement
over the long term. grassland conditions in San Juan Islands restoration activities at a time outside of
Consistent with their resource National Historical Park (SJINHP) have the flight period of the island marble
management policy, the NPS will improved habitat for island marble butterfly. In 2006, a year after the
require the use of native grasses and butterflies. Nonnative vegetation experimental treatment, the grassland
forbs for restoration of any disturbed targeted for removal includes pasture area was recovering and providing
areas (NPS Management Policy 1988, grasses and woody shrubs. In 2005, NPS significantly higher-quality habitat for
Section The nonnative field implemented grassland restoration the island marble butterfly than was
mustard and tumble-mustard, which are activities that included the planting of present prior to the management action.
primary larval host plants and adult native species and the removal of More than 480 tumble-mustard plants
nectar plants of the island marble were counted in May 2006, and nearly
invasive vegetation through the
butterfly in upland habitat, will likely 20 percent (91 plants) of the plants had
application of herbicides and prescribed
become established on the disturbed island marble butterfly eggs or larvae
fire. Based on these activities, especially
ground because their plentiful seed will attached. This is approximately four
the successful combination of herbicide
germinate the first year after ground times the number of mustard plants
and prescribed fire at American Camp,
disturbance (mustards are generally found previously at this same location
we anticipate that long-term positive
annual species with high seed (T. Thomas, pers. observation, 2006).
effects of habitat restoration will
production). Grassland restoration activities can
significantly outweigh short-term
Construction of the road will require have short-term detrimental effects to
impacts. A more robust island marble
the completion of an Environmental the island marble butterfly; however,
butterfly population is expected as a
Impact Statement (EIS) under the they appear insignificant when
result of restoration activities due to an
National Environmental Policy Act (42 compared to the long-term benefits.
increase in the establishment of larval
U.S.C. 4321 et seq.), and funding from food plants and native nectar sources, European Rabbits
the FHA. No schedule for the EIS or and a reduction in competing weedy The European rabbit is a nonnative,
expected funding was available at the forb vegetation and encroaching woody burrowing species common on San Juan
time this notice was written. However, shrubs and trees. The results of the Island, and at American Camp in San
based on information from the FHA, a restoration efforts implemented in 2005 Juan Island National Historical Park.
draft EIS is expected by 2007. There at American Camp have produced high Hall (1977, p. 293) summarized the
appears to be no island marble butterfly quality habitat for the island marble history of the European rabbit on San
breeding habitat along the proposed butterfly, increasing by approximately Juan Island. Currently, more than 1,000
route for the Cattle Point highway four times the number of host plants in rabbits (Agee and West 2002, p. 3)
realignment in the Park (Pyle 2006). the restoration area. consume all vegetation within
While some individuals and host plants Herbicides have been used in small approximately 180 ac (73 ha) of
may occur, the road-building planning experimental applications to test formerly grassland habitat at American
process and construction may proceed methods for reducing the distribution Camp. However, the rabbit population
with little likelihood of mortality to and spread of nonnative grasses at does not appear to be expanding, and
these butterflies. American Camp. In July 2005, planning is underway by NPS to reduce
Road Maintenance Activities herbicides were applied to its population size over time.
approximately 3.7 ac (1.5 ha) of the 600
Adults, eggs, and larvae of the island ac (243 ha) of grassland habitat at Summary of Factor A
marble butterfly were observed in 2005, American Camp (William Gleason, The core of the population at
at the Fisherman’s Bay tombolo (a Chief, Resource Management, SJINHP, American Camp is protected from
narrow beach landform that connects pers. comm. 2005). Herbicide treatment development. Road construction and
the mainland to an island) on Lopez was followed by a prescribed fire on the maintenance activities are not
Island. In July 2005, the habitat was same footprint of land. Because these considered to be current threats to the
buried by sand by the road maintenance activities occurred prior to the end of island marble butterfly or its habitat.
crews to make the vegetation less the flight period, they likely harmed Grassland restoration activities
flammable for a July 4th fireworks eggs, larvae, and adult island marble (including herbicide treatments and
display, likely killing any larvae or eggs butterflies that were utilizing the food prescribed fire) have shown success in
that may have been present. When the plants and grassland ecosystem. While increasing habitat and host plants and
larval food plants subsequently many of the plants occupied by larvae European rabbits do not appear to be a
resprouted, they were mowed during were removed from the site prior to the threat to the subspecies. Thus, we have
routine road maintenance, likely herbicide treatment by volunteers and determined that the present or
removing habitat for eggs and larval NPS personnel and relocated elsewhere threatened destruction, modification, or
development in 2006. This site was (Lambert 2005b, p. 11), some may have curtailment of the island marbled
visited four times in 2005, and six times been missed because of the difficulty in butterfly’s habitat or range do not
in 2006, and no adult butterflies, eggs, locating larvae. constitute a threat to the subspecies
or larvae were observed. After The herbicide and prescribed fire such that listing under the Act is
discussions with San Juan County treatments were conducted in a test area warranted.
highway officials at the March 2006 as preparation for a larger scale
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workshop, and again in June 2006, the restoration project that NPS plans for B. Overutilization for Commercial,
County agreed to address our concerns restoring the native grassland plant Recreational, Scientific, or Educational
regarding their road maintenance community at American Camp. Purposes
activities and management of habitat for Disturbances produced by the The NPS has not observed butterfly
the island marble butterfly (Ruth herbicides and fire treatments also collecting at American Camp, or other
Milner, WDFW, in litt. 2006) create suitable areas for the locations where the island marble

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butterfly is present. Under NPS relatively successful in concentrating The natural factors listed above likely
regulations, the collection of living or the high-density development outside of do not significantly impact the island
dead wildlife, fish, or plants, or the island marble butterfly population marble butterfly population. Therefore,
parts or products thereof, is prohibited areas, and maintaining suitable habitat we have determined that there are no
on lands under NPS jurisdiction on Lopez and San Juan Islands. other natural or manmade factors that
without a permit (36CFR 2.1(a)(1)(i) and Based on the aforementioned threatened the island marble butterfly
(a)(1)(ii)). A verbal request was made by regulatory protections, we have such that its listing under the Act is
one individual for permission to collect determined that the inadequacy of warranted.
this species (Rolfs, pers. comm. 2004). existing regulatory mechanisms does
After discussions with conservation not constitute a threat to the island Finding
partners, the individual agreed to marble butterfly such that listing under We assessed the best scientific and
withdraw his request. Given the small the Act is warranted. commercial information available
number of island marble butterflies that E. Other Natural or Manmade Factors regarding the threats faced by the island
remain in the wild, any collection of Affecting Its Continued Existence marble butterfly. We have reviewed the
butterflies is likely to increase its petition, information available in our
extinction risk. However, at this time we Natural threats to the island marble files, and information submitted to us
do not believe that overutilization for butterfly include the browsing of larval during the public comment period
commercial, recreational, scientific, or food plants by deer, and impacts of following our 90-day petition finding
educational purposes is a significant storm tides and tidal surges. (71 FR 7497; February 13, 2006). We
threat to the island marble butterfly Recreational trail use was identified in also consulted with recognized butterfly
such that listing under the Act is the petition as a threat; however, there experts, Federal and State resource
warranted. is no evidence that this activity affects agencies, and non-governmental
island marble butterflies. organizations with butterfly expertise,
C. Disease or Predation Black-tailed deer (Odocoileus
and we collected additional survey data.
While predation by paper wasps columbianus) browse on larval food
plants and adult nectar plants at most Actions that may impact island
(members of the Ichneumonidae,
locations occupied by island marble marble butterflies include development
Vespidae, and Thomisidae families) and
butterflies (Miskelly 2005, p. 16), but for housing, road construction, road
by crab spiders (Diaea spp.) has been
the browsing does not appear to be at a maintenance, collisions with vehicles,
documented for the island marble
level that significantly affects the storm and tidal surges that inundate and
butterfly (A. Lambert, NPS Science Day
butterflies. bury habitat, herbivory of host plants by
Conference, June 23, 2006), neither is
On February 4, 2006, a storm event deer, loss of habitat to nonnative rabbits,
considered to be a significant threat to
with high tides and strong, gusty winds and succession of grassland habitat to
the subspecies.
from the north created tidal surges in shrubs and trees. However, most, if not
D. The Inadequacy of Existing Griffin Bay, and the coastal lagoon all, of these impacts are localized. Due
Regulatory Mechanisms habitat of the island marble butterfly to the island marble butterfly’s reliance
As mentioned previously in this was inundated with water. Logs that on nonnative mustard species that
finding, under NPS regulations, the had been cast ashore in previous storms, experience resurgence after ground-
collection of living or dead wildlife, and that provided anchors and structure disturbing activities, many temporary
fish, or plants, or the parts or products for the establishment of vegetation, were ground-disturbing activities have short-
thereof, is prohibited on lands under floated and displaced, and coarse term effects that do not appear to result
NPS jurisdiction without a permit (36 sediments were deposited on the beach, in negative long-term impacts to
CFR 2.1(a)(1)(i) and (a)(1)(ii)). burying food plants and winter population numbers or distribution.
Washington State has designated the pupation sites for the island marble While the island marble butterfly
island marble butterfly as a candidate butterfly. Approximately 5 percent of population has likely always been low
species, and identified the species as the habitat available to the subspecies (having not been observed prior to
critically imperiled in its was buried, killing any pupae that were 1998), the subspecies has evidently been
Comprehensive Wildlife Conservation present. During the spring of 2006, present on San Juan Island, and possibly
Strategy (WDFW 2005, pp. 219, 314, several adult island marble butterflies Lopez Island, for the past century. This
336–337). In this strategy, the WDFW were observed in this area (A. Lambert, persistence has occurred without
identified several specific conservation pers. comm. 2006). Although the new deliberate management meant to sustain
actions for island marble butterfly substrate, deposited in February 2006, the butterfly. This suggests that the
management, including continuing to has become populated by a high density butterfly has managed to either persist
search for new populations and of Puget Sound peppergrass (R.M. Pyle, as several small populations or as one
monitoring known sites, and protecting pers. comm. 2006), no butterfly core population in the American Camp
and restoring island marble butterfly reproduction was documented in the area for many years, with individual
habitat. lagoon habitat during 2006, possibly butterflies migrating and establishing
Under San Juan County’s Critical Area due to the timing of the revegetation, satellite populations elsewhere on San
Ordinance, or San Juan County Code which occurred after the flight period of Juan Island and on Lopez Island.
(SJCC 18.30.160.B2.c and SJCC the island marble butterfly. The tidal Long-term threats are limited to less
18.30.160.D.b.iv.), the County defers to surge was measured as a typical 5- to than 18 percent of the occupied area.
State guidance for management 10-year event based on a 100-year The remaining 82 percent of the area
recommendations for any State- record; however, the combination of occupied by the island marble butterfly
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designated priority habitat or species. tidal surge and wind gusts greater than is subject to short-term impacts that
However, the comprehensive plan for 34 mph (54 km/h) created beach-altering typically result in increased habitat of
San Juan County requires concentration conditions that were relatively non-native mustards through ground
of development in specific areas and uncommon. We expect that this site will disturbance, and increased use by island
maintains a rural farm landscape be colonized by island marble marble butterflies. This pattern of
elsewhere on the islands. This has been butterflies in 2007. periodic disturbances is generally

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66298 Federal Register / Vol. 71, No. 219 / Tuesday, November 14, 2006 / Proposed Rules

compatible with sustaining the DEPARTMENT OF COMMERCE all other information readily available in
subspecies in the longterm. our files. We do not conduct additional
National Oceanic and Atmospheric research at this point, nor do we subject
The current threats analysis supports
Administration the petition to critical review. Our ESA
a determination that listing the island
marble butterfly under the Act is not implementing regulations at 50 CFR
50 CFR Part 224 424.14(b)(1) define ‘‘substantial
warranted. We will continue to assess
[Docket No. 060621175–6175–01; I.D. information’’ as the amount of
the status of the butterfly by working
101805A] information that would lead a
with NPS, WDFW, conservation reasonable person to believe that the
organizations, faculty and students from Endangered and Threatened Wildlife measure proposed in the petition may
the University of Washington, the and Plants; 90–Day Finding for a be warranted. If the petition is found to
Washington State University Extension Petition to List the Kennebec River present such information, the Secretary
Service, and all private landowners with Population of Anadromous Atlantic of Commerce (Secretary) must conduct
an interest in contributing to the Salmon as Part of the Endangered Gulf a status review of the involved species.
conservation of this species. In addition, Of Maine Distinct Population Segment In making a finding on a petition to list
we will continue to work with the NPS a species, the Secretary must consider
on implementation of the Conservation AGENCY: National Marine Fisheries whether such a petition (i) clearly
Agreement for the butterfly. Although Service (NMFS), National Oceanic and indicates the administrative measure
we did not rely on efforts identified in Atmospheric Administration, recommended and gives the scientific
this new agreement as a basis for our Commerce. and any common name of the species
determination, we anticipate that these ACTION: Notice of 90–day petition involved; (ii) contains detailed narrative
efforts will enhance the conservation of finding; request for information. justification for the recommended
the subspecies. measure, describing, based on available
SUMMARY: We, NMFS, announce a 90–
Based on an analysis of the current information, past and present numbers
day finding on a petition to list the
and distribution of the species involved
status and threats to the subspecies, we Kennebec River population of
and any threats faced by the species;
find that listing the island marble anadromous Atlantic salmon (Salmo
(iii) provides information regarding the
butterfly under the Act is not warranted. salar) as endangered under the
status of the species over all or a
We request that you submit any new Endangered Species Act (ESA) of 1973,
significant portion of its range; and (iv)
information concerning the status of or as amended. We find that the petition
is accompanied by the appropriate
threats to this species to our Western presents substantial scientific or
supporting documentation in the form
Washington Fish and Wildlife Office commercial information indicating that
of bibliographic references, reprints of
(see ADDRESSES section) whenever it the petitioned action may be warranted.
pertinent publications, copies of reports
becomes available. New information This normally initiates a formal status
or letters from authorities, and maps (50
will help us monitor the species and review, but as described below under
CFR 424.14(b)(2)).
encourage its conservation. If an Summary of Previous ESA Actions, in
this case, we and the U.S. Fish and In a petition submitted on May 11,
emergency situation develops for this or 2005, Timothy Watts, Douglas Watts, Ed
any other candidate species or species Wildlife Service (USFWS) had already
initiated a status review of this and Friedman, and Kathleen McGee
of concern, we will act to provide requested that we and the USFWS
other populations, resulting in NMFS’
immediate protection. declare the Kennebec River population
announcement of the completed status
References Cited review report on September 22, 2006. of anadromous Atlantic salmon
endangered under the ESA and
DATES: The finding announced in this
A complete list of all references cited presented the following three main
document was made on November 14,
herein, as well as others, is available areas of evidence to support their
upon request from the Western request: (1) historic information on the
Washington Fish and Wildlife Office FOR FURTHER INFORMATION CONTACT: presence of Atlantic salmon; (2)
(see ADDRESSES section). Mary Colligan, NMFS Northeast Region, information on other native migratory
978–281–9116; or Marta Nammack, fish populations in the Kennebec; and
Author NMFS Office of Protected Resources, (3) microsatellite DNA analysis of
301–713–1401, ext. 180. Atlantic salmon in the Kennebec. It is
The primary author of this document the petitioners’ contention that historic
is Ted Thomas, U.S. Fish and Wildlife observations of Kennebec River Atlantic
Service, Western Washington Fish and Background salmon from the 18th century to the
Wildlife Office (see ADDRESSES section). Section 4(b)(3)(A) of the ESA requires present demonstrate that there was no
Authority that we make a finding on whether a period in the 19th and 20th centuries
petition to list, delist, or reclassify a during which Atlantic salmon were
The authority for this action is the species presents substantial information absent from the Kennebec River. The
Endangered Species Act of 1973, as to indicate that the petitioned action petition states that populations of native
amended (16 U.S.C. 1531 et seq.). may be warranted. To the maximum migratory fish species have also
extent practicable, this finding is to be persisted in the Kennebec despite being
Dated: November 3, 2006.
made within 90 days of receipt of the subjected to the same environmental
Marshall P. Jones, Jr., petition, and the finding is to be pressures as Atlantic salmon. The
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Acting Director, Fish and Wildlife Service. published promptly in the Federal petition also contends that
[FR Doc. E6–19064 Filed 11–13–06; 8:45 am] Register. microsatellite DNA analysis of tissue
BILLING CODE 4310–55–P In determining whether a petition samples from 180 wild Atlantic salmon
contains substantial information, we captured in the Kennebec River by the
take into account information submitted USFWS from 1994 to the present show
with and referenced in the petition and that wild Kennebec River salmon are

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