Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Unsilvered Fritillary Butterfly as Threatened or Endangered, 10310-10319 [2011-4037]
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they are managed as a conservation
herd, rather than as a commercial herd.
However, we no longer consider the
Yellowstone herd to have remained in
more of a ‘‘wild’’ state than any other
conservation herd. Specifically, these
wild plains bison are no longer thought
to have remained in an unaltered
condition from prehistoric times, as
implied in the previous determination.
In 1902, no more than 30 wild plains
bison remained in Yellowstone (Halbert
2003, p. 24). In the same year, 18 female
plains bison from the captive PabloAllard herd in Montana and 3 bulls
from the captive Goodnight herd in
Texas were purchased to supplement
the Yellowstone herd (Halbert 2003, pp.
24–25). Additionally, intensive
management (supplemental feeding,
roundups, and selective culling) of the
Yellowstone herd occurred from the
1920s through the late 1960s (Gogan et
al. 2005, p. 1719). Wild plains bison
from Yellowstone also have been used
to start or augment many later
conservation herds (Halbert and Derr
2007, p. 2). Despite geographic
separation, the Yellowstone herd is
essentially part of one metapopulation
and is not markedly separate from other
herds.
Summary of the Distinct Population
Segment Analysis
On the basis of the preceding
discussion, we believe that the petition
has not provided substantial
information to conclude that each of the
four population segments may be
discrete. Therefore, we did not evaluate
significance or conservation status of
the four population segments within the
meaning of the DPS Policy. In
conclusion, we do not believe that any
of the population segments may
constitute a valid DPS.
However, even if we had concluded
that the four population segments may
be discrete and significant, the petition
does not present substantial information
that any of the stressors described under
the above five factor analysis are
concentrated within any one DPS to
indicate that any of the DPSs would be
more likely to be threatened or
endangered than the species at large.
Thus, there is no information indicating
stressors rise to the level of a threat for
any population segment.
the available information regarding
distribution, abundance, and population
trends of wild plains bison. Wild plains
bison are distributed in parks, preserves,
other public lands, and private lands
throughout and external to their
historical range. The current population
of wild plains bison is estimated to be
20,500 animals in 62 conservation
herds. Recent population trends appear
stable to slightly increasing in
conservation herds (as noted by the
petitioners).
On the basis of our determination
under section 4(b)(3)(A) of the Act, we
conclude that the petition does not
present substantial scientific or
commercial information to indicate that
listing the wild plains bison, or any of
four proposed DPSs, under the Act as
threatened or endangered may be
warranted at this time. Although we
will not review the status of the species
at this time, we encourage interested
parties to continue to gather data that
will assist with conservation of the wild
plains bison. If you wish to provide
information regarding the wild plains
bison, you may submit your information
or materials to the Wyoming Field
Supervisor (see ADDRESSES) at any time.
References Cited
A complete list of references cited is
available on the Internet at https://
www.regulations.gov and upon request
from the Wyoming Field Office (see FOR
FURTHER INFORMATION CONTACT).
Authors
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The primary authors of this notice are
staff members of the Mountain-Prairie
Regional Office and the Wyoming Field
Office (see ADDRESSES).
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Rowan W. Gould,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2011–4121 Filed 2–23–11; 8:45 am]
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Fish and Wildlife Service
50 CFR Part 17
[FWS–R8–ES–2010–0078; MO 92210–0–0008
B2]
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition To List the Unsilvered Fritillary
Butterfly as Threatened or Endangered
Fish and Wildlife Service,
Interior.
ACTION: Notice of 90-day petition
finding.
AGENCY:
We, the U.S. Fish and
Wildlife Service, announce a 90-day
finding on a petition to list the
unsilvered fritillary butterfly (Speyeria
adiaste) as threatened or endangered
under the Endangered Species Act of
1973 (Act), as amended, and designate
critical habitat. Based on our review, we
find that the petition does not present
substantial scientific or commercial
information indicating that listing the
unsilvered fritillary may be warranted.
Therefore, we are not initiating a status
review in response to this petition. We
ask the public to submit to us any new
information that becomes available
concerning the status of, or threats to,
the unsilvered fritillary or its habitat at
any time.
DATES: The finding announced in this
document was made on February 24,
2011.
SUMMARY:
This finding is available on
the Internet at https://
www.regulations.gov at Docket Number
FWS–R8–ES–2010–0078 and at https://
www.fws.gov/ventura. Supporting
documentation we used in preparing
this finding is available for public
inspection, by appointment, during
normal business hours at the U.S. Fish
and Wildlife Service, Ventura Fish and
Wildlife Office, 2493 Portola Road,
Suite B, Ventura, CA 93003; telephone
805–644–1766; facsimile 805–644–3958.
Please submit any new information,
materials, comments, or questions
concerning this finding to the above
street address.
FOR FURTHER INFORMATION CONTACT:
Michael McCrary, Listing and Recovery
Coordinator for Wildlife, Ventura Fish
and Wildlife Office (see ADDRESSES), by
telephone 805–644–1766, or by
facsimile 805–644–3958. If you use a
telecommunications device for the deaf
(TDD), call the Federal Information
Relay Service (FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Finding
In summary, the petition does not
present substantial information that
wild plains bison may require listing
either as a subspecies or a DPS. The
conclusion that impacts from the
various factors discussed above may
constitute a threat is not supported by
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Background
Section 4(b)(3)(A) of the Act (16
U.S.C. 1531 et seq.) requires that we
make a finding on whether a petition to
list, delist, or reclassify a species
presents substantial scientific or
commercial information indicating that
the petitioned action may be warranted.
We are to base this finding on
information provided in the petition,
supporting information submitted with
the petition, and information otherwise
available in our files. To the maximum
extent practicable, we are to make this
finding within 90 days of our receipt of
the petition and publish our notice of
the finding promptly in the Federal
Register.
Our standard for substantial scientific
or commercial information within the
Code of Federal Regulations (CFR) with
regard to a 90-day petition finding is
‘‘that amount of information that would
lead a reasonable person to believe that
the measure proposed in the petition
may be warranted’’ (50 CFR 424.14(b)).
If we find that substantial scientific or
commercial information was presented,
we are required to promptly conduct a
species status review, which we
subsequently summarize in our
12-month finding.
Petition History
On January 12, 2010, we received a
petition, dated January 6, 2010, from
WildEarth Guardians, requesting that
the unsilvered fritillary butterfly be
listed as threatened or endangered and
critical habitat be designated under the
Act. The petition clearly identified itself
as such and included the requisite
identification information for the
petitioner, as required by 50 CFR
424.14(a). In a February 10, 2010, letter
to the petitioner, we acknowledged
receipt of the petition and stated that we
had secured the funding to conduct the
initial finding as to whether the petition
contains substantial information
indicating that the action may be
warranted. We also stated that we
determined that issuing an emergency
regulation temporarily listing the
species under section 4(b)(7) of the Act
was not warranted. This finding
addresses the petition.
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Previous Federal Actions
On January 6, 1992, the Service
received a petition from Drs. Dennis
Murphy and Alan Launer of the
Stanford University Center for
Conservation Biology to list Speyeria
adiaste adiaste, one of the three
subspecies of unsilvered fritillary, as an
endangered or threatened species. In our
November 22, 1994, 90-day petition
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finding (59 FR 28741), we determined
that, although the S. adiaste adiaste may
be declining, existing information was
not available to estimate the extent or
rate of changes in habitat or population
levels. We stated that further surveys
were needed to adequately assess its
distribution and population status, and
beyond the information described
above, the petitioner presented little
else on the status of the animal.
Therefore, the Service determined that
the petition did not present substantial
information that the requested action
may be warranted.
Species Information
The unsilvered fritillary is a mediumsized, brush-footed butterfly limited to
the central coast region of California
(WildEarth Guardians 2010, p. 1). This
butterfly has a 2–2.38-inch (5–6.1centimeter (cm)) wingspan. The upper
side of adult males is pale reddish-tan
to bright red and the undersides are pale
yellow to gray; females are larger and
paler than males. The unsilvered
fritillary has small, scattered, dark
markings and a bold postmedian line.
This species also has unsilvered
hindwing spots that slightly contrast
with background coloring, unlike the
silvered markings of most Speyeria
species (Butterflies and Moths of North
America (BMNA) 2009, p. 1). Adults lay
single eggs on fallen leaves and twigs
near violets (Viola spp.). Caterpillars
hibernate without feeding, but feed on
violet leaves when they emerge in
spring (NatureServe 2009, not
paginated; BMNA 2009, p. 1). Adults
have been observed feeding on the
flowers of native and nonnative thistles
(family Asteraceae) and California
buckeye (Aesculus californica)
(NatureServe 2009, not paginated). The
unsilvered fritillary breeds once per
year, with its adult butterfly stage
occurring in June through July (flight
period) (BMNA 2009, p. 1).
The unsilvered fritillary inhabits
openings in conifer and redwood
forests, as well as oak woodlands,
chaparral, and grassy slopes (BMNA
2009, p. 2). Brittnacher et al. (1978, p.
200) considered it a xeric (adapted to an
extremely dry habitat) Speyeria species
that occurred in summer-dry locations.
Violets are the only known host
plants for Speyeria, including the
unsilvered fritillary, and the
distribution of these plants limits the
extent of available habitat the species
can occupy (Brittnacher 1978, p. 199).
Mattoon et al. (1971) (in Brittnacher et
al. 1978, p. 199) found that all the North
American violets they tested can
adequately support larval growth,
although some European ornamentals,
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such as sweet violet (Viola odorata), are
toxic to most Speyeria species.
The petition states that there are 16
species in the Speyeria genus
(WildEarth Guardians 2010, p. 4).
Brittnacher et al. (1978, p. 199) state that
there are at least 14 closely related
Speyeria species, 10 of which occur in
California. In the draft recovery plan for
the Behren’s silverspot (S. zerene
behrensii), the Service (2003, p. 3) stated
that the genus Speyeria is a member of
a complex group of 10 species, having
a polytypic (i.e., having many forms)
population structure, with over 100
geographic subspecies. There are three
recognized subspecies of the unsilvered
fritillary, Speyeria adiaste adiaste
(adiaste subspecies), S. a. clemencei
(clemencei subspecies), and S. a. atossa
(atossa subspecies) (NatureServe 2009,
not paginated); however, as discussed
below, the atossa subspecies is
considered extinct.
The historic range of the unsilvered
fritillary covered much of the central
and southern coastal region of
California, extending from San Mateo
County in the north to Los Angeles and
Kern Counties in the south (BMNA
2009, p. 2). However, the current range
is much smaller because the atossa
subspecies is considered extinct (BMNA
2009, p. 2). Historically, the atossa
subspecies was widely distributed in
the Tehachapi Mountains, Tejon
Mountains, and Mount Pinos region of
Los Angeles and Kern Counties (Bruyea
2003, not paginated), living in open
grasslands where violets, such as the
pine violet (Viola purpurea), were
abundant (Comstock 1927 in Hammond
and McCorkle 1983, p. 220). The last
known observations of the atossa
subspecies occurred in 1959 just south
of the town of Tehachapi and near
Mount Pinos (Emmel and Emmel 1973
in Bruyea 2003, not paginated).
The two extant unsilvered fritillary
subspecies occur in the central coast
region of California from Santa Cruz
County in the north to San Luis Obispo
County in the south. The petition states
that the adiaste subspecies is limited to
the higher elevations of the Santa Cruz
Mountains in San Mateo, Santa Cruz,
and Santa Clara Counties (WildEarth
Guardians 2010, p. 5). The clemencei
subspecies has a more extensive range
(BMNA 2009, p. 2), and the petition
states that it occurs in the Santa Lucia
Mountains in Monterey and San Luis
Obispo Counties (WildEarth Guardians
2010, p. 5). The petition states that the
unsilvered fritillary is distributed
spottily within this range (WildEarth
Guardians 2010, p. 6); however, the
petition does not provide any other data
on its abundance or distribution.
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The California Natural Diversity
Database (CNDDB) (2010, not paginated)
has only two records for the S. a.
adiaste. One location is in Big Basin
Redwoods State Park in Santa Cruz
County, which is specifically discussed
in the petition. The second location is
on private land on the border between
Santa Clara and Santa Cruz Counties.
There are no records of S. a. clemencei
in the CNDDB.
NatureServe is cited frequently
throughout the petition to support the
assertion that the unsilvered fritillary
should be listed under the Act.
NatureServe is a nonprofit conservation
organization that collects and manages
data about the status and distribution of
species and ecosystems of conservation
concern and makes that information
available to guide conservation, landuse planning, and natural resource
management (NatureServe Web site
2009). As part of this service,
NatureServe assesses and ranks the
conservation status of species on a scale
ranging from a ‘‘conservation status
rank’’ of critically imperiled (1) to
demonstrably secure (5). NatureServe
ranks the unsilvered fritillary as G1G2,
rounded to G1, ‘‘critically imperiled,’’
meaning the species is at high risk of
extinction due to extreme rarity or to a
limited range. However, NatureServe
states that more information on
abundance and number of occurrences
and metapopulation dynamics of the
species would be necessary to further
refine its rank. NatureServe indicates
that the long-term trend for the species
has been a large-to-substantial decline
(50 to 90 percent). However,
NatureServe does not indicate whether
the range of the species has declined or
the abundance of the species has
declined or both, although it does note
that there is not enough information to
determine the abundance of the species.
The loss of the atossa subspecies
represents a large decline in the range
of the species, but does not necessarily
reflect the status of the adiaste or
clemencei subspecies. Although
NatureServe states that there is not
enough information to determine the
number of occurrences of the species, it
estimates the number of occurrences at
1–20. NatureServe also ranks the three
subspecies individually: S. a. adiaste is
ranked as T1, critically imperiled in
California; S. a. clemencei is ranked as
T1T2, similar to the full species’ rank of
G1G2; and S. a. atossa is ranked as TX
because it is presumed extinct.
NatureServe (2009) states that
populations of the adiaste subspecies
‘‘seem to have declined,’’ but does not
provide any information to support this
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observation. It should also be noted that
NatureServe indicates on its Web site
that conservation status ranks are
neither a recommendation by the
organization, nor an indication that a
species requires legal status to assure its
survival (NatureServe 2008, not
paginated) and, in our view, should not
be the sole basis for any decisions.
Furthermore, the CNDDB includes S.
a. adiaste on its species-at-risk list, but
the other two subspecies are not
included. Similarly, the California
Wildlife Action Plan includes S. a.
adiaste as a species at risk in the central
coast region based on the CNDDB
classification.
Although the petition did not provide
any information on the results of any
surveys that may have been conducted
to determine the status of the atossa
subspecies, the information available at
this time indicates that the atossa
subspecies is considered extinct. We
also agree with the petitioner and other
organizations, including NatureServe,
that the range of the remaining extant
subspecies of the unsilvered fritillary is
limited to the central coast of California.
However, the range of the species as
described in both the petition and by
NatureServe includes at least the
mountainous portions of five counties.
Although only a portion of this area is
suitable habitat for the species, the
petition did not provide information on
either the distribution of the species or
on the extent or distribution of its
habitat; information on either or both
could be used to refine the range of the
species beyond what is described in the
petition. The petition also did not
present any information that would
indicate that the ranges of the remaining
two subspecies have been reduced. Nor
did the petition present any information
on either the number of populations or
overall abundance of the two
subspecies, or any changes in these. The
classification of the unsilvered fritillary
as being critically imperiled by
NatureServe is apparently based on the
loss of the atossa subspecies and the
limited range of the two extant
subspecies, rather than information on
their past or present distribution and
abundance. Therefore, there is no
information that shows that the range of
the two remaining subspecies has been
reduced or that the number of
populations or abundance of either of
them has declined or is declining.
Evaluation of Information for This
Finding
Section 4 of the Act (16 U.S.C. 1533)
and its implementing regulations at 50
CFR part 424 set forth the procedures
for adding a species to, or removing a
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species from, the Federal Lists of
Endangered and Threatened Wildlife
and Plants. A species may be
determined to be an endangered or
threatened species due to one or more
of the five factors described in section
4(a)(1) of the Act:
(A) The present or threatened
destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial,
recreational, scientific, or educational
purposes;
(C) Disease or predation;
(D) The inadequacy of existing
regulatory mechanisms; or
(E) Other natural or manmade factors
affecting its continued existence.
In making this 90-day finding, we
evaluated whether information
regarding threats to the unsilvered
fritillary, as presented in the petition
and other information available in our
files, is substantial, thereby indicating
that the petitioned action may be
warranted. Our evaluation of this
information is presented below.
It is the overall position of the
petition that, of the three subspecies of
the unsilvered fritillary, Speyeria
adiaste atossa is considered extinct,
S. a. adiaste is limited in range and
declining, and S. a. clemencei has a
more extensive range but faces multiple
threats, and, therefore, the species in its
entirety faces extinction or
endangerment.
The petition states that the unsilvered
fritillary has vanished from much of its
range and asserts that this is due to
human activities, including habitat loss
and degradation due to burgeoning
human populations, with resultant
urban and suburban sprawl; increasing
agriculture; extensive livestock grazing;
off-road vehicle use; and other adverse
land uses. The petition also asserts that
climate change has taken and will take
its toll through altered fire regimes,
more severe and frequent droughts, and
shifts in native plant distribution
(WildEarth Guardians 2010, p. 12). The
petition states that the Service should
consider whether these threats intersect
and act synergistically, thereby
increasing the likelihood of extinction
or endangerment of the unsilvered
fritillary in the foreseeable future
(WildEarth Guardians 2010, p. 16).
Additionally, the petition states that
the Service should consider how the
suite of threats identified for four
Federally listed Speyeria, the Behren’s
silverspot (Speyeria z. behrensii), the
Oregon silverspot (S. z. hippolyta), the
Myrtle’s silverspot (S. z. myrtleae), and
the Callippe silverspot (S. callippe
callippe), might likewise threaten the
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unsilvered fritillary (WildEarth
Guardians 2010, p. 11).
The endangered Behren’s silverspot
occurs at a single location near Point
Arena, Mendocino County, California
(Service 2003, p. iii). Threats identified
in the recovery plan for this taxon are:
Invasion by nonnative species, natural
succession, fire suppression, residential
development, and overcollection
(Service 2003, pp. 12–16).
The threatened Oregon silverspot
occurs at disjunct sites near the Pacific
coast from Del Norte County, California,
north to Long Beach Peninsula,
Washington. Threats identified in the
recovery plan for this taxon are:
Invasion by nonnative species, fire
suppression, land development, off-road
vehicles, livestock grazing, erosion,
roadkill, insecticides, and
overcollection (Service 2001, pp. 18–
20).
When listed, the endangered Myrtle’s
silverspot occurred in four areas in
western Marin and southwestern
Sonoma Counties, California, and the
distribution and range have not
significantly changed since listing in
1992 (Service 2009, p. 5). Threats
identified in the recovery plan for this
taxon are: Invasion by nonnative plants,
loss of habitat from commercial and
residential development, recreation,
livestock grazing, agriculture, and overcollection (Service 1998, pp. 59–60).
The endangered Callippe silverspot
occurs at San Bruno Mountain in San
Mateo County and at Cordelia Hills in
Sonoma County, California (Service
2009, p. 5). Threats identified in the
listing rule for this taxon are: Habitat
degradation due to human activities, offroad vehicles, invasion by nonnative
plants, livestock grazing, and overcollection (December 5, 1997, 62 FR
64306, pp. 64311–64312).
The five factors discussed below are
pertinent only in cases where the
organism being proposed for listing may
be a listable entity as defined by section
3(16) of the Act and is extant in the
wild. The petition and its supporting
information and information in our files
indicate that the atossa subspecies is
considered extinct. Because the atossa
subspecies is considered extinct, the
five factors are not analyzed for atossa.
Therefore, the five factors are analyzed
for the species of the unsilvered
fritillary as a whole and for each of the
two extant subspecies (adiaste and
clemencei).
A. The Present or Threatened
Destruction, Modification, or
Curtailment of its Habitat or Range
The petition asserts that development,
fire suppression, widespread fires,
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agriculture, overgrazing, and exotic
vegetation are causing the loss or
degradation of the unsilvered fritillary’s
habitat (WildEarth Guardians 2010, p.
8). Moreover, the petition claims that
the extirpations and decline of the
unsilvered fritillary indicate severe
degradation of its habitat, and these
activities are pushing this species’
Central coast grassland and woodland
ecosystems toward collapse (WildEarth
Guardians 2010, pp. 7–8). The petition
states that NatureServe (2009, not
paginated) estimates that the unsilvered
fritillary has undergone a large-tosubstantial decline, on the order of 50
to 90 percent (WildEarth Guardians
2010, p. 7).
The petition also lists off-road
vehicles as a threat to the unsilvered
fritillary (WildEarth Guardians 2010, p.
9); however, it does not include any
other information on either the
operation of off-road vehicles in relation
to unsilvered butterfly populations or
the habitat of the species.
Development: Information in the
Petition
As described in the petition, the
various species of Speyeria butterflies
are sensitive to human disturbance, and
four species of Speyeria butterflies are
listed as either threatened or
endangered (WildEarth Guardians 2010,
p. 11). Hammond and McCorkle (1983,
p. 218) analyzed the general problem of
declining Speyeria butterfly populations
due to human-induced environmental
disturbances and concluded that the
fritillary butterflies of the genus
Speyeria and their larval food plants,
violets, are among the most sensitive
organisms in native ecosystems, and are
among the first to be exterminated as a
result of widespread human
disturbance.
Human disturbance has been
particularly destructive to native
ecological communities along the West
Coast, and many forms of Speyeria have
become extinct or are threatened with
extinction in this region (Hammond and
McCorkle 1983, p. 220). One example of
this is the atossa subspecies, which, as
mentioned earlier, is considered extinct.
The atossa subspecies was once widely
distributed and extremely abundant in
the Sierra Madre, Tejon, and Tehachapi
Mountains of southern California, where
it occurred in open grasslands where
violets, such as the pine violet (Viola
purpurea), were abundant (Comstock
1927, in Hammond and McCorkle 1983,
p. 220). According to Emmel and Emmel
(1973, in Hammond and McCorkle 1983,
p. 220), this subspecies is probably
extinct today, with the last known
specimen collected in 1959. Although
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the actual causes of the atossa
subspecies’ decline are still not clear
(University of California Berkeley 2009,
p. 1), it is thought that overgrazing by
livestock, combined with drought, so
greatly reduced the larval food plant
that the butterfly could no longer
survive (Orsak 1974, in Hammond and
McCorkle 1983, p. 220). Wildfire
suppression practices may also have
contributed to the spread of nonnative
vegetation in the area, which tends to
outcompete native low-growing
annuals, including potential unsilvered
fritillary host plants (John Emmel, pers.
comm. in Bruyea 2003, not paginated).
The petition states that population
and urban growth and development are
important stressors to wildlife in the
central coast region of California,
including the unsilvered fritillary, and
that suburban development has reduced
both the various Speyeria species of
butterflies and violets, their primary
food source (WildEarth Guardians 2010,
p. 8). As stated in the petition, the
human population in this region has
increased extensively and is likely
continuing to grow (WildEarth
Guardians 2010, p. 8). According to the
California Wildlife Action Plan (Bunn et
al. 2007, p. 200), population pressures
have increased in recent years, and
growth and development have
expanded from urban centers to
adjacent farmlands and rural areas both
on the coast and in the interior portions
of the central coast. As pointed out in
the petition, these developed areas and
infrastructure corridors not only result
in direct loss of habitat, but also
fragment the natural landscape and
degrade the quality of adjacent habitat
(WildEarth Guardians 2010, p. 9).
Fragmentation hinders ecological
processes that require landscape
connectivity, such as natural fire
regimes, movement of wide-ranging
species, and genetic exchange, and it
makes remaining natural lands more
vulnerable to pollution and invasion by
´
exotic plants and animals (Soule and
Terborgh 1999, in Bunn et al. 2007, p.
208).
Evaluation of Information Provided in
the Petition and Available in Service
Files
As noted in the petition, Speyeria are
known to be sensitive to development,
and development is considered to be a
threat to the habitat of the four listed
Speyeria butterflies. The primary threat
to the Callippe (62 FR 64306), Behren’s
(62 FR 64306), Myrtle’s (June 22, 1992,
57 FR 27848), and Oregon silverspot
(July 2, 1980, 45 FR 44935) butterflies is
the loss and degradation of habitat from
human activities.
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The petition asserts that urban and
rural development is occurring within
the range of the unsilvered fritillary and
is negatively affecting it (WildEarth
Guardians 2010, p. 8). We agree that the
unsilvered fritillary is likely sensitive to
development that removes or degrades
its habitat; however, the petition only
makes general assertions that
development associated with
population increases in the central coast
is affecting the habitat of the unsilvered
fritillary. The petition does not provide
any information on the location of
populations of the unsilvered fritillary
or either of the two extant subspecies,
except for the one occurrence of a
protected population in Big Basin
Redwoods State Park (WildEarth
Guardians 2010, p. 11). The petition
also does not provide any information
regarding the amount of occupied
habitat lost or degraded, nor does the
petition identify areas within the
unsilvered fritillary’s range that are
currently being developed or have plans
for future development. As noted above
in the Species Information section, only
two records of the unsilvered fritillary
are in the CNDDB, one of which is in
Big Basin Redwoods State Park, where
development, agriculture, and off-road
vehicles are not permitted. The petition
references NatureServe in indicating
that ‘‘few to several’’ occupied locations
are protected, but it does not include
any further information, nor does the
petition include any land ownership
information, beyond the fact that one of
the locations is in Big Basin Redwoods
State Park (WildEarth Guardians 2010,
p. 11). We have no information in our
files regarding specific locations of
unsilvered fritillary butterfly
populations, suitable habitat, or
potential development impacts to the
habitat for the species or subspecies.
However, based on maps in our files,
there are six State parks (Butano,
Portola, Castle Rock, Henry Cowell
Redwoods, Forest of Nisene Marks, and
Wilder Ranch State Park), the extensive
San Francisco State Fish and Game
Refuge, and several County parks (e.g.,
San Pedro, Mt. Madonna, Uvas Canyon
County Park) in the range of the species
(Santa Cruz Mountains) that are not
mentioned in the petition. Also, almost
half of the range of the clemencei
subspecies as identified in the petition
(WildEarth Guardians 2010, p. 5) is
public land, including the Los Padres
National Forest, Ventana Wilderness
Area, Hastings Natural History
Reservation, and several State parks
(e.g., Pfeiffer Big Sur, Julia Pfeiffer
Burns). Although we do not have any
information as to the presence of
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populations or suitable habitat in these
areas, they are all within the range of
the fritillary and are protected from
many types of impacts including
development, agriculture, and, at least
in the case of the Ventana Wilderness
Area and State parks, off-road vehicles
(Wilderness Act of 1964 (16 U.S.C. 1131
et seq.); https://www.parks.ca.gov/).
Therefore, we have determined that the
information provided in the petition
and in our files concerning the effect of
development on the unsilvered fritillary
or either of its two subspecies does not
present substantial information
indicating that the petitioned action
may be warranted.
Fire: Information in the Petition
The petition asserts that the
unsilvered fritillary is a poor survivor of
fires, but that the species also depends
on fire to protect its habitat from brush
and tree encroachment as well as to
burn off dead thatch that can crowd out
violets (WildEarth Guardians 2010, p. 8,
citing Hammond and McCorkle 1983, p.
222; NatureServe 2009, not paginated).
Wildfire suppression may also facilitate
the spread of exotic vegetation
(WildEarth Guardians 2010, p. 9, citing
Bruyea 2003, not paginated). The
petition states that the Service should
consider how an altered fire regime may
be a threat to this species’ habitat,
particularly given that the clemencei
subspecies occurs in the fire-prone
Santa Lucia range (WildEarth Guardians
2010, p. 8, citing NatureServe 2009, not
paginated).
Evaluation of Information Provided in
the Petition and Available in Service
Files
Periodic fires can be an important
factor in maintaining the grassland and
coastal prairie habitat of the Callippe
and Behren’s silverspot butterflies,
because, without fire, succession will
eliminate the food plants of the larvae
of the two butterflies (Orsak 1980 and
Hammond and McCorkle 1984 in 62 FR
64306, p. 64315). Hammond and
McCorkle (1983, p. 222) pointed out that
without fire to maintain the grasslands
against brush and tree invasion along
the Oregon and Washington coasts, most
of the coastal grasslands gradually
disappeared to salal and salmonberry
brushland or Sitka spruce forest, and
even without brush and tree invasion,
the native grasslands experience a
second ecological problem in the
absence of fire. The dead grass from the
previous year’s growth does not decay
quickly in the coastal environment and
gradually accumulates to form a thick
layer of thatch that smothers and
crowds out the violets and other
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wildflowers that are important food
sources for butterflies (Hammond and
McCorkle 1983, p. 222). The reduction
of historic disturbance regimes has
probably accelerated expansion of
several nonnative species which
threaten Oregon silverspot populations,
in addition to encouraging native shrub
and tree growth. The spread of
nonnative plants has reduced, degraded,
or eliminated habitat for the Oregon
silverspot at many sites (Service 2001,
p. 16). The overgrowth of invasive
plants remains one of the most serious
present-day threats to the Myrtle’s
silverspot butterfly. It has been
recognized as a threat to other listed
butterflies as well (57 FR 27848; Service
1998; Adams 2004; Ehrlich and Hanski
2004; Severns 2007, in Service 2009, p.
15).
While the overgrowth and succession
of the four Speyeria butterfly habitats
may be ameliorated by periodic
disturbance from fires that clear areas
for Speyeria food plants, the effects on
Speyeria larvae may be more severe.
Although the larvae of these butterflies
may survive fires that move rapidly
through grassland habitats, hotter and
slow-moving brush and woodland fires
may kill them (Orsak 1980 and
Hammond and McCorkle 1984 in 62 FR
64306, p. 64315). Under windy
conditions, fast-moving grassland fires
burn in patches that leave islands of
unburned habitat where any butterflies
present are not harmed.
The petition asserts that the
unsilvered fritillary can be negatively or
positively affected by both presence of
fire and absence of fire (WildEarth
Guardians 2010, p. 8). However, the
petition does not provide any
information on past or more-recent fire
activity within the range of the
unsilvered fritillary and does not
provide any information on the location
of populations of the unsilvered
fritillary, including either of its two
subspecies that may or could potentially
be affected by fire. Similarly, the
petition does not provide any
information on past, present, or planned
fire suppression activities within the
range of the species. Moreover, the
petition (WildEarth Guardians 2010, p.
8) and NatureServe (2009) state that the
Santa Lucia Mountains are fire prone,
but do not provide information
regarding the past or more-recent fire
history in the Santa Lucia Mountains
that would indicate this area is more
fire-prone or whether the clemencei
subspecies’ habitat is more prone to
wildfire than other areas of California.
We have no information for either the
specific locations of the unsilvered
fritillary populations that may be
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affected by fire, or the areas within the
range of the species that have altered
fire regimes or have high fire danger.
Therefore, we have determined that the
information provided concerning
wildfire and fire suppression for the
unsilvered fritillary or either of its
extant subspecies does not present
substantial information indicating that
the petitioned action may be warranted.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
Agriculture and Grazing: Information
Provided in the Petition
The petition lists agriculture and
livestock grazing as threats to the
unsilvered fritillary and asserts that
livestock eat and trample violet food
plants and can cause proliferation of
noxious weeds that displace violets
(WildEarth Guardians 2010, p. 9). The
petition asserts that approximately 11
percent of the central coast region of
California is used for agriculture and
livestock grazing, which can lead to
habitat fragmentation, erosion,
sedimentation, and degradation from
herbicides and insecticides (WildEarth
Guardians 2010, p. 9). The petition
states that intensive agriculture is
increasing in the region; vineyard
acreage increased approximately 36
percent between 1998 and 2001
(WildEarth Guardians 2010, p. 9, citing
Bunn et al. 2007, p. 211). The petition
(WildEarth Guardians 2010, p. 8) notes
that overgrazing is suspected to have
played a role in the extinction of the
atossa subspecies (NatureServe 2009,
not paginated).
The petition also states that Speyeria
butterflies are known to be susceptible
to insecticides (WildEarth Guardians
2010, p. 16, citing NatureServe 2009,
not paginated), and given the increase in
agriculture within the unsilvered
fritillary’s range, insecticide use is likely
to be an escalating threat to this species
(WildEarth Guardians 2010, p. 16).
Evaluation of Information Provided in
the Petition and Available in Service
Files
The effect of grazing can be either
beneficial or deleterious to native
plants, depending on the grazing regime
and the ecology of the plant species
(DeVries and Raemakers 2001; Vogel et
al. 2007, in Service 2009, p. 14). For the
Callippe, Behren’s, Myrtle’s, and Oregon
silverspots, livestock grazing was
determined to be a threat if it occurred
at levels such that the vegetation was
overgrazed and the food plants and
nectar sources of these butterflies were
eliminated or reduced in abundance.
However, light-to-moderate grazing can
result in reduction of invasive woody
plants and maintain early successional
grassland habitats that are beneficial for
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butterfly host plants (Service 2001, p.
16; Service 2009, p. 14). In fact, the
Myrtle’s silverspot has coexisted with
cattle grazing for over 100 years at Point
Reyes National Seashore. Adams (2004,
in Service 2009, p. 14) found that the
moderate grazing regime at Point Reyes
National Seashore did not negatively
affect the density or diversity of nectar
plants, and butterflies were found more
frequently in the areas that were grazed.
Inadvertent trampling of the Myrtle’s
silverspot host plants by grazing cattle
may also be considered a relatively
minor threat (Service 2009, p. 14). Other
studies have shown that optimal grazing
increases the density of native plants,
which may support butterfly
populations (Heitschmidt and Stuth
1991 in Service 2009, p. 14).
The petition asserts that because 11
percent of the central coast region is
used for agriculture and grazing, and
because intensive agriculture (e.g.,
vineyards) is increasing in the region,
the unsilvered fritillary is and will
become even more negatively affected
by these land uses (WildEarth
Guardians 2010, p. 9). While conversion
of suitable habitat containing Viola spp.
host plants to intensive agriculture
would most likely eliminate the
unsilvered fritillary’s habitat, the
petition does not provide any
information, nor do we have any
information in our files, regarding the
extent or intensity of existing
agriculture and grazing land use or any
planned land-use conversion to
vineyards or other types of agriculture
or grazing that would occur within the
unsilvered fritillary’s range. Also,
although vineyard acreage has increased
along the central coast, as pointed out
in the petition (WildEarth Guardians
2010, p. 9), much of the increase has
been south of the area where the
unsilvered fritillary is currently
believed to occur, in the Santa Cruz
Mountains and the Santa Lucia
Mountains. Vineyard acreage has
increased in the area around Paso
Robles in San Luis Obispo County and
Santa Barbara County (Bunn et al. 2007,
p. 211). The petition does not provide
any information, nor do we have any
information in our files, on the location
of populations of the unsilvered
fritillary that may be or could
potentially be affected by agriculture or
grazing, and, thus, we do not have
information indicating that agriculture
and grazing practices are negatively
affecting, or are likely to negatively
affect, the unsilvered fritillary. We have
determined that the information
presented in the petition and available
in our files concerning potential habitat
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10315
modification threats of agriculture and
grazing to the habitat for the unsilvered
fritillary or either of its extant
subspecies does not present substantial
information indicating that the
petitioned action may be warranted.
Silverspot butterfly larvae are
extremely sensitive to insecticides, and
even the accumulation of runoff in the
soil after spraying has proven lethal to
the larvae of members of the genus
Speyeria (Mattoon et al. 1971, in 62 FR
64306, p. 64314). In listing the Callippe
and Behren’s silverspot butterflies, the
Service stated that the use of
insecticides could threaten these
butterflies if use occurred in proximity
to occupied habitat (62 FR 64306, p.
64314). This petition, however, does not
provide information regarding the use of
insecticides within the unsilvered
fritillary’s range and simply asserts that
insecticide use would increase as
agriculture within the region increases.
The petition also does not provide any
information on the location of
populations of the unsilvered fritillary
that may or could potentially be affected
by insecticides. The Service is not aware
of plans to apply insecticides in or near
the habitat occupied by the unsilvered
fritillary, nor do we have any
information in our files regarding areas
of insecticide application relative to
unsilvered fritillary habitat. Therefore,
we have determined that the
information presented in the petition
and in our files concerning the potential
threat of insecticides to the unsilvered
fritillary or either of its extant
subspecies does not present substantial
information indicating that the
petitioned action may be warranted.
Exotic (Nonnative) Vegetation:
Information in the Petition
The petition states that exotic
vegetation may have played a role in the
extinction of the atossa subspecies and
asserts that exotic vegetation could
likewise threaten the extant subspecies
of the unsilvered fritillary and the
species as a whole (WildEarth
Guardians 2010, p. 9). Citing Bruyea
(2003, not paginated), the petition
points to wildfire suppression as having
facilitated the spread of exotic
vegetation, which outcompeted native
annuals, such as violets, and, in
combination with other human
disturbances, led to the extinction of the
atossa subspecies (WildEarth Guardians
2010, p. 9).
The petition points out that in the
listing rule for the Behren’s and
Callippe silverspot butterflies (62 FR
64306, pp. 64314–64315), the Service
noted, ‘‘The invasion of California’s
native grassland and coastal prairie by
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alien plants has adversely affected
native flora and fauna. In the absence of
control and eradication programs,
invasive alien plants may eliminate the
remaining native plants, including the
host plants of Behren’s and Callippe
silverspot butterflies. Adequate levels of
Viola spp. host plants are especially
critical for the long-term survival of
populations of these butterflies (S.
Mattoon, in litt., August 4, 1989, and
November 22, 1992).’’ The petition states
that this analysis likewise applies to the
unsilvered fritillary (WildEarth
Guardians 2010, p. 9).
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Evaluation of Information Provided in
the Petition and Available in Service
Files
We recognize that nonnative
vegetation can reduce and degrade
habitat for Speyeria butterflies (e.g.,
Service 2001, p. 16; Service 2009, p. 15),
and that nonnative vegetation has been
recognized as an indirect threat to other
listed butterflies as well (57 FR 27848;
Service 1998; Adams 2004; Ehrlich and
Hanski 2004; Severns 2007 in Service
2009, p. 15). In the absence of control
and eradication programs, invasive alien
plants may eliminate the remaining
native plants, including the host plants
of Behren’s and Callippe silverspot
butterflies. The petition generalized that
because other Speyeria butterflies are
negatively impacted by nonnative
vegetation, the unsilvered fritillary is as
well (WildEarth Guardians 2010, p. 9).
However, the petition does not include
any information on where nonnative
vegetation is degrading the unsilvered
fritillary’s habitat or the location of
populations of the unsilvered fritillary
that may be or could potentially be
affected by nonnative plants. In
addition, we have no information in our
files regarding negative impacts to the
unsilvered fritillary due to nonnative
vegetation. Therefore, we have
determined that the information
presented in the petition and in our files
concerning the potential threat of
nonnative plants to the habitat of the
unsilvered fritillary or either of its
extant subspecies does not present
substantial information indicating that
the petitioned action may be warranted.
Drought: Information Provided in the
Petition
The petition states that drought is
considered a threat to the unsilvered
fritillary (WildEarth Guardians 2010, p.
14, citing NatureServe 2009, not
paginated). Drought has been
hypothesized, but not definitively
proven, to be a factor in the extinction
of the atossa subspecies, as well as
being a threat to the clemencei
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subspecies (WildEarth Guardians 2010,
p. 14, citing Davenport 2004, p. 16;
NatureServe 2009, not paginated). The
petition also asserts that climate change
will result in more frequent and longer
droughts (WildEarth Guardians 2010, p.
14).
Evaluation of Information Provided in
the Petition and Available in Service
Files
The petition does not provide any
information, nor do we have
information in our files, to indicate that
drought has or will negatively affect the
habitat or the number and distribution
of populations or the population sizes of
the unsilvered fritillary. The petition
cites sources that state generally that
drought has been a severe problem in
recent years (WildEarth Guardians 2010,
p. 14, citing Davenport 2004, p. 16), but
does not provide information
specifically related to the effects of
drought on the unsilvered fritillary. The
cause of the extinction of the atossa
subspecies is unclear, but it has been
attributed to many different factors,
including drought (Howe 1975, in
Bruyea 2003, not paginated; Orzak 1974,
in Hammond and McCorkle 1983, p.
220), overgrazing (Orzak 1974, in
Hammond and McCorkle 1983, p. 220),
disease (University of California
Berkeley 2009, p. 1), invasion of
nonnative species (Howe 1975, in
Bruyea 2003, not paginated), and
wildfire suppression (John Emmel, pers.
comm., in Bruyea 2003, not paginated).
Periodic droughts have been, and likely
will continue to be, a normal part of the
climate of California, and wildlife,
including the unsilvered fritillary, have
adapted to periodic droughts. Therefore,
we have determined that the
information presented in the petition
and in our files concerning the potential
threat of drought to the unsilvered
fritillary or either of its extant
subspecies does not present substantial
information indicating that the
petitioned action may be warranted.
Climate Change: Information Provided
in the Petition
The petition asserts that climate
change is having, and will continue to
have, a multitude of effects on the
unsilvered fritillary and its habitat,
including more severe, longer, and more
frequent droughts; increased
catastrophic wildfire and alteration of
natural fire regimes due to hotter
conditions; and potential shifts in
ranges of this species or the violet
species on which it depends (WildEarth
Guardians 2010, p. 12). The petition
notes that recent warming in the
southwestern United States is among
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the most rapid in the nation,
significantly more rapid than the global
average (WildEarth Guardians 2010, p.
12, citing Karl et al. 2009, pp. 129–132).
Increasing temperature, drought,
wildfire, and invasive species will
accelerate transformation of the
landscape; two-thirds of the more than
5,500 native plant species in California
are projected to experience range
reductions of up to 80 percent before the
end of this century under projected
warming (WildEarth Guardians 2010, p.
13, citing Karl et al. 2009, p. 132). The
petition claims that such a shift in
native ecosystems could adversely affect
the unsilvered fritillary, given its
narrow distribution (WildEarth
Guardians 2010, p. 13).
The petition cites a recent United
States Forest Service report regarding
the intersection of climate and fire
regimes (WildEarth Guardians 2010, p.
14, citing Westerling et al. 2006, in
Keeley et al. 2009, p. 20). The report
states that recent studies show
correlations among warming
temperatures, earlier springs, and
increased numbers of large forest fires in
some parts of the western United States.
Anticipated warming trends as a
consequence of greenhouse gas
accumulation may lead to further
increases in the numbers of large fires
and total area burned in some regions
(Brown et al. 2004; Flannigan et al.
2005; McKenzie et al. 2004, in Keeley et
al. 2009, p. 20). Allen and Breshears
(1998, in Keeley et al. 2009, p. 20) also
predict that global climate change will
produce large changes in vegetation
distributions at unprecedented rates,
particularly in semiarid, fire-prone
ecosystems. These anticipated changes
in fuel distribution could reduce fire
activity in some regions and lead to
unanticipated impacts on future fire
regimes (Keeley et al. 2009, p. 20).
Evaluation of Information Provided in
the Petition and Available in Service
Files
We recognize that global mean
temperatures have increased over the
last several decades and will almost
certainly continue to increase in the
future as a result of greenhouse gases.
Although increasing temperature may
have an effect on the unsilvered
fritillary, the information presented in
the petition or available in our files does
not support a meaningful prediction as
to whether the overall impact will be
negative or positive, or some
combination of negative and positive
impacts. Increasing temperature could
result in more severe and frequent
drought, especially in the Southwest
(Karl et al. 2009, p. 42). However, we are
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not aware of any formal studies on the
direct effect of rising global temperature
on drought severity or frequency (Karl et
al. 2009, p. 5). Also, drought severity
and frequency are a function of a
complex series of factors, such as El
˜
Nino intensity and duration and
geographic variations in sea surface
temperature, which may also be affected
in some manner by increasing
temperatures, thereby compounding the
uncertainty associated with
precipitation projections (Karl et al.
2009, p. 105). Uncertainty also arises
when extrapolating from a larger scale
(e.g., North America or the Southwest)
to the limited range of the unsilvered
fritillary. A projected increase in mean
temperatures in the Southwest does not
necessarily equate to a similar degree of
increase in local areas, such as the
central coast of California, and both the
degree and direction of changes in
climate and weather will vary at the
local level. More importantly, the
response of plants and animals to
climate change is uncertain and will
likely vary locally and regionally. For
example, citing Karl et al. (2009, p. 132),
the petition states that the ranges of
many California plants are projected to
decline up to 80 percent due to climate
change. However, this projection is only
one of many projections. The 80-percent
projection is a worst-case scenario in
which the most severe degree of climate
change was assumed, and in which
plants were assumed to have no ability
to shift their range in response to
climate change. Other scenarios, where
plants were assumed to be able to shift
range, revealed that plant ranges in
some areas were projected to increase,
such as in the Central Western region
which includes the range of the
unsilvered fritillary (Loarie et al. 2008,
Figure 4, p. 6). In addition, although the
range of some types of vegetation may
decline, grasslands are expected to
increase (Karl p. 131), which may be
beneficial for the unsilvered fritillary.
Finally, we cannot meaningfully predict
the impact on the unsilvered fritillary if
drought severity and frequency were to
increase in the central coast. For
example, wildfires are likely to increase
with worsening droughts (Karl et al.
2009, p. 43), but as pointed out in the
petition, wildfires may have a positive
as well as a negative effect on the
unsilvered fritillary and its habitat.
Therefore, we have determined that the
information presented in the petition
and in our files concerning the potential
threat of climate change to the
unsilvered fritillary or either of its
extant subspecies does not present
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substantial information indicating that
the petitioned action may be warranted.
Summary of Factor A
The petition lists development,
agriculture, livestock grazing,
insecticides, invasive plants, drought,
and climate change as threats to the
unsilvered fritillary. However, the
petition provided only this general list
of potential threats to the unsilvered
fritillary, but did not provide
information that these potential threats
are acting on the habitat of the
unsilvered fritillary. We recognize that
other listed Speyeria butterflies have
been reduced, some substantially, due
to human-caused disturbances, but the
petition does not cite any site-specific
proposed development projects or landuse conversion projects that would
occur within unsilvered fritillary
habitat. In addition, the petition does
not provide specific information on the
location(s) of unsilvered fritillary
populations. Therefore, it is not possible
to determine if a development project
would actually affect the unsilvered
fritillary, given that we do not have
recent data detailing where this species
occurs. The best information that we
have regarding the location of known
populations is the two records in the
CNDDB, one of which is in a State park
and is protected by California State law
(NatureServe 2009, not paginated). Also,
a large portion of the clemencei
subspecies’ range is public land and
therefore protected from many sources
of habitat destruction and alteration.
The petition also does not provide any
information that any other threats to the
unsilvered fritillary’s habitat—including
agriculture, livestock grazing,
insecticides, or invasive plants—are
occurring within the current range of
the species and its two remaining
subspecies, or are threatening the
habitat of the species. There is ample
evidence that global mean temperatures
will likely increase in the future due to
greenhouse gases; however, the petition
does not present any information, nor
do we have any information in our files,
that indicates that the local climate and
weather of the central coast is likely to
change, the projected degree and nature
of any change, or that drought is likely
to increase in severity or frequency.
Consequently, we find that the
information provided in the petition
and in our files does not present
substantial scientific or commercial
information indicating that listing the
unsilvered fritillary or either of its
extant subspecies may be warranted due
to the present or threatened destruction,
modification, or curtailment of the
species’ habitat or range.
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B. Overutilization for Commercial,
Recreational, Scientific, or Educational
Purposes
Information Provided in the Petition
The petition states that collection is
not known to constitute a threat to the
unsilvered fritillary; however, the rarity
of the species makes it more attractive
to collectors (WildEarth Guardians
2010, p. 9). The petition also states that
butterfly populations that are small and
easily accessible are especially
vulnerable to overcollection (WildEarth
Guardians 2010, p. 9).
Evaluation of Information Provided in
the Petition and Available in Service
Files
The petition does not provide any
information, nor do we have any
information in our files, that would
indicate that the unsilvered fritillary is
a target of collectors or that it is
threatened by collection. Although an
extensive commercial trade has been
documented for the Callippe silverspot
and the Behren’s silverspot butterflies,
as well as for other imperiled and rare
butterflies (U.S. Attorney’s Office 1994,
United States v. Richard J. Skalski,
Thomas W. Kral, and Marc L. Grinnell,
Case No. CR932013, 1993, in 62 FR
64306, p. 64313), insects are rarely
affected by human overcollecting
pressures, due to their high
reproductive capabilities (Pyle,
Bentzien, and Opler 1981, in Hammond
and McCorkle 1983, p. 218).
In summary, we find that the
information provided in the petition
and available in our files does not
present substantial scientific or
commercial information indicating that
listing the unsilvered fritillary or either
of its extant subspecies may be
warranted due to overutilization for
commercial, recreational, scientific, or
educational purposes.
C. Disease or Predation
Information Provided in the Petition
The petition states that adult and
larval butterflies are subject to predation
by a wide variety of vertebrate and
invertebrate wildlife (e.g., birds,
reptiles, amphibians, and other insects)
and that the small size of unsilvered
fritillary populations increases their
vulnerability to extirpation from disease
or predation (WildEarth Guardians
2010, p. 10). The petition also states that
scientists have suggested that disease
could explain the extinction of the
atossa subspecies; however, drought
and overgrazing have also been
mentioned as reasons for this
subspecies’ extinction (WildEarth
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Guardians 2010, p. 9, citing Orzak 1974,
in Hammond and McCorkle 1983, p.
220).
Evaluation of Information Provided in
the Petition and Available in Service
Files
The petition does not provide any
information that would indicate that
disease or predation are threats to the
unsilvered fritillary, nor do we have any
information in our files that would
indicate that disease or predation are
threats to the species. Disease has been
suggested as a potential cause of the
extinction of the atossa subspecies
(University of California Berkeley 2009,
p. 1). However, the petition did not
present any information that would
substantiate that claim, and the
extinction of the atossa subspecies has
also been attributed to several other
causes. The petition also did not
provide any information on the types of
diseases known to occur in the
unsilvered fritillary or other Speyeria
butterflies or any species of butterfly or
their vulnerability to disease. Therefore,
we find that the information provided in
the petition and available in our files
does not present substantial scientific or
commercial information indicating that
listing the unsilvered fritillary or either
of its extant subspecies may be
warranted due to disease or predation.
D. The Inadequacy of Existing
Regulatory Mechanisms
emcdonald on DSK2BSOYB1PROD with PROPOSALS
Information Provided in the Petition
The petition asserts that the
unsilvered fritillary is not adequately
protected by Federal or State laws or
policies to prevent its endangerment or
extinction (WildEarth Guardians 2010,
p. 10). The unsilvered fritillary is not
listed under the Act, nor are any of its
subspecies. The species is also not listed
under the California Endangered
Species Act (CESA), because the CESA
does not provide for the listing and
protection of insects. The petition
further states that while the various
rankings of the unsilvered fritillary and
its subspecies by NatureServe (e.g.,
G1G2), CNDDB, and the California
Wildlife Action Plan (see Species
Information section) indicate biological
imperilment, they do not provide any
regulatory or policy mechanisms to
protect the unsilvered fritillary
(WildEarth Guardians 2010, p. 10). The
petition provides no further information
on any other State, Federal, or local
regulations.
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Evaluation of Information Provided in
the Petition and Available in Service
Files
As discussed in the petition and in
the Species Information section above,
several sources express concern over the
status of the unsilvered fritillary, and
the species is included in the State’s
CNDDB list of at-risk species (WildEarth
Guardians 2010, p. 11). However,
contrary to the petition, we believe that
the at-risk classification extends some
level of consideration under the
California Environmental Quality Act
when project impacts are reviewed.
Also, one of the two occurrences in the
CNDDB is within Big Basin Redwoods
State Park, and its habitat within the
park is afforded a high degree of
protection by State law and regulations.
Additionally, information in our files
indicates that a substantial portion of
the putative range of the unsilvered
fritillary, as identified in the petition
(WildEarth Guardians 2010, p. 5), is
public land (Ventana Wilderness, Los
Padres National Forest, and State and
County parks), where, if present, the
species would be protected from many
types of impacts (e.g., development,
agriculture, and, at least in the case of
Ventana Wilderness and State parks, offroad vehicles) by Federal, State, and
local laws and regulations. Therefore,
we find that the information provided in
the petition and available in our files
does not present substantial scientific or
commercial information indicating that
listing the unsilvered fritillary or either
of its extant subspecies may be
warranted due to the inadequacy of
existing regulatory mechanisms. There
are no significant threats to the species
as discussed in factors A, B, C, and E.
E. Other Natural or Manmade Factors
Affecting the Species’ Continued
Existence
Biological Vulnerability: Information
Provided in the Petition
The petition states that because the
unsilvered fritillary’s range was
historically limited, has been further
reduced by anthropogenic causes, and is
vulnerable to weather events such as
drought and catastrophic fires, the
Service should consider this butterfly’s
narrow range itself as a threat to the
taxon (WildEarth Guardians 2010, pp.
15–16). For example, loss of habitat and
populations of another Speyeria species,
the Regal fritillary (Speyeria idalia),
have disrupted the gene flow between
populations, and the species is
consequently more prone to extinction
due to genetic and demographic factors
(WildEarth Guardians 2010, p. 16, citing
Williams et al. 2003, p. 17). The petition
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further states that the Service has
routinely recognized that small
population size and restricted range
increase the likelihood of extinction
(WildEarth Guardians 2010, p. 15). The
petition also lists human population
growth (see factor A for a discussion of
population growth and development),
insecticide use (see factor A for a
discussion of insecticide use), and
nonnative thistle seed weevils
(scientific name not provided in
petition) as threats to the unsilvered
fritillary. Finally, the petition asserts
that the cumulative effects of grazing,
development, agriculture, off-road
vehicles, and climate change threaten
the species.
Evaluation of Information Provided in
the Petition and Available in Service
Files
We recognize the risks that stochastic
(random chance) events may present to
small populations, and we agree that the
limited range of the unsilvered fritillary
may exacerbate its vulnerability to these
events. However, the mere fact that a
rare species is potentially vulnerable to
stochastic processes does not
necessarily mean that it is reasonably
likely to experience, or have its status
affected by, a given stochastic process.
There must be some information to
indicate that the unsilvered fritillary
and its habitat are at least susceptible to
a threat or stochastic event, such as a
severe, widespread disease among its
host plants, and that the species would
be negatively affected by the event.
Typically, it is the combination of small
size, the number of populations, and
isolation of small populations, in
conjunction with a threat or stochastic
event (e.g., catastrophic fire), that may
pose a threat to a species. The petition,
however, includes only very limited
information on the number of
populations and does not provide
information on the distribution and size
of populations or the presence or
absence of connectivity between
populations. Also, the mere fact that a
species is rare does not necessarily
equate to a threat. A species that has
always been rare, yet continues to
survive, could be well equipped to
continue to exist into the future. Many
naturally rare species have persisted for
long periods within small geographic
areas, and many naturally rare species
exhibit traits that allow them to persist
despite their small population sizes.
The petition states that ‘‘nonnative
thistle seed weevils may also pose a
threat to the unsilvered fritillary’’
(WildEarth Guardians 2010, p. 16,
NatureServe 2009, not paginated).
However, neither the petition nor
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NatureServe provides any other
information on thistle seed weevils or
the impact they may have on the
unsilvered fritillary. We assume that
weevils can destroy thistles, which are
one of the plants on which the
unsilvered fritillary has been observed
feeding (NatureServe 2009, not
paginated). However, beyond that, we
have no information in our files, and the
petition did not provide any
information that thistle seed weevils
occur within the range of the unsilvered
fritillary, or that they are destroying
substantial numbers of thistles.
The information in the petition and in
our files on the potential impacts of
grazing, development, agriculture, offroad vehicles, and climate change are
discussed in factor A. These potential
impacts in combination could have a
greater effect on the unsilvered fritillary
than they would have individually.
However, as summarized in factor A,
the petition provided only this general
list of potential threats to the unsilvered
fritillary, but did not provide
information that these potential threats
are acting on the habitat of the
unsilvered fritillary. The petition also
did not provide any information that
multiple potential threats are acting
together on the habitat of the unsilvered
fritillary.
In summary, we find that the
information provided in the petition
and available in our files does not
present substantial scientific or
commercial information indicating that
listing the unsilvered fritillary or either
of its extant subspecies may be
warranted due to other natural or
manmade factors affecting the species’
continued existence.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
Finding
In summary, the petition does not
present substantial scientific or
commercial information, because it does
not provide any information on the
location and magnitude of threats
within the range of the species or
specific threats to any occurrence or
population of the species or either of its
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extant subspecies. The petition provides
only very limited information on the
number of populations within this area
and no information on the distribution
and size of populations, and we do not
have this information in our files. The
unsilvered fritillary is a rare butterfly
occurring in the Santa Cruz Mountains
of San Mateo, Santa Cruz, and Santa
Clara Counties, and in the Santa Lucia
Mountains of Monterey and San Luis
Obispo Counties, California, which is an
area encompassing thousands of square
miles. The petition cites threats to other
listed Speyeria butterflies and requests
we consider those relative to the
unsilvered fritillary. While four other
Speyeria species are listed as either
threatened or endangered, the fact that
these species are listed under the Act
does not in and of itself mean that the
unsilvered fritillary or either of its
extant subspecies is threatened or
endangered.
In considering what factors might
constitute threats, we must look beyond
the mere exposure of the species to the
factor to determine whether the species
responds to the factor in a way that
causes actual impacts to the species. If
there is exposure to a factor, but no
response, or only a positive response,
that factor is not a threat. If there is
exposure and the species responds
negatively, the factor may be a threat
and we then attempt to determine how
significant a threat it is. If the threat is
significant, it may drive or contribute to
the risk of extinction of the species such
that the species may warrant listing as
threatened or endangered as those terms
are defined by the Act. This does not
necessarily require empirical proof of a
threat. The combination of exposure and
some corroborating evidence of how the
species is likely impacted could suffice.
The mere identification of factors that
could impact a species negatively may
not be sufficient to compel a finding
that listing may be warranted. The
information must contain evidence
sufficient to suggest that these factors
may be operative threats that act on the
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10319
species to the point that the species may
meet the definition of threatened or
endangered under the Act. We found no
information to suggest that threats are
acting on the unsilvered fritillary such
that the species may become extinct
now or in the foreseeable future.
On the basis of our determination
under section 4(b)(3)(A) of the Act, we
conclude that the petition does not
present substantial scientific or
commercial information to indicate that
listing the unsilvered fritillary or either
of its extant subspecies under the Act as
threatened or endangered may be
warranted at this time. Although we
will not review the status of the species
at this time, we encourage interested
parties to continue to gather data that
will assist with the conservation of the
unsilvered fritillary or either of its
extant subspecies. If you wish to
provide information regarding the
unsilvered fritillary or either of its
extant subspecies, you may submit your
information or materials to the Field
Supervisor, Ventura Fish and Wildlife
Office (see ADDRESSES), at any time.
References Cited
A complete list of references cited is
available on the Internet at https://
www.regulations.gov and upon request
from the Ventura Fish and Wildlife
Office (see ADDRESSES).
Author
The primary authors of this notice are
the staff members of the Ventura Fish
and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: February 7, 2011.
Rowan W. Gould,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2011–4037 Filed 2–23–11; 8:45 am]
BILLING CODE 4310–55–P
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[Federal Register Volume 76, Number 37 (Thursday, February 24, 2011)]
[Proposed Rules]
[Pages 10310-10319]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4037]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R8-ES-2010-0078; MO 92210-0-0008 B2]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition To List the Unsilvered Fritillary Butterfly as Threatened or
Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, announce a 90-day
finding on a petition to list the unsilvered fritillary butterfly
(Speyeria adiaste) as threatened or endangered under the Endangered
Species Act of 1973 (Act), as amended, and designate critical habitat.
Based on our review, we find that the petition does not present
substantial scientific or commercial information indicating that
listing the unsilvered fritillary may be warranted. Therefore, we are
not initiating a status review in response to this petition. We ask the
public to submit to us any new information that becomes available
concerning the status of, or threats to, the unsilvered fritillary or
its habitat at any time.
DATES: The finding announced in this document was made on February 24,
2011.
ADDRESSES: This finding is available on the Internet at https://www.regulations.gov at Docket Number FWS-R8-ES-2010-0078 and at https://www.fws.gov/ventura. Supporting documentation we used in preparing this
finding is available for public inspection, by appointment, during
normal business hours at the U.S. Fish and Wildlife Service, Ventura
Fish and Wildlife Office, 2493 Portola Road, Suite B, Ventura, CA
93003; telephone 805-644-1766; facsimile 805-644-3958. Please submit
any new information, materials, comments, or questions concerning this
finding to the above street address.
FOR FURTHER INFORMATION CONTACT: Michael McCrary, Listing and Recovery
Coordinator for Wildlife, Ventura Fish and Wildlife Office (see
ADDRESSES), by telephone 805-644-1766, or by facsimile 805-644-3958. If
you use a telecommunications device for the deaf (TDD), call the
Federal Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
[[Page 10311]]
Background
Section 4(b)(3)(A) of the Act (16 U.S.C. 1531 et seq.) requires
that we make a finding on whether a petition to list, delist, or
reclassify a species presents substantial scientific or commercial
information indicating that the petitioned action may be warranted. We
are to base this finding on information provided in the petition,
supporting information submitted with the petition, and information
otherwise available in our files. To the maximum extent practicable, we
are to make this finding within 90 days of our receipt of the petition
and publish our notice of the finding promptly in the Federal Register.
Our standard for substantial scientific or commercial information
within the Code of Federal Regulations (CFR) with regard to a 90-day
petition finding is ``that amount of information that would lead a
reasonable person to believe that the measure proposed in the petition
may be warranted'' (50 CFR 424.14(b)). If we find that substantial
scientific or commercial information was presented, we are required to
promptly conduct a species status review, which we subsequently
summarize in our 12-month finding.
Petition History
On January 12, 2010, we received a petition, dated January 6, 2010,
from WildEarth Guardians, requesting that the unsilvered fritillary
butterfly be listed as threatened or endangered and critical habitat be
designated under the Act. The petition clearly identified itself as
such and included the requisite identification information for the
petitioner, as required by 50 CFR 424.14(a). In a February 10, 2010,
letter to the petitioner, we acknowledged receipt of the petition and
stated that we had secured the funding to conduct the initial finding
as to whether the petition contains substantial information indicating
that the action may be warranted. We also stated that we determined
that issuing an emergency regulation temporarily listing the species
under section 4(b)(7) of the Act was not warranted. This finding
addresses the petition.
Previous Federal Actions
On January 6, 1992, the Service received a petition from Drs.
Dennis Murphy and Alan Launer of the Stanford University Center for
Conservation Biology to list Speyeria adiaste adiaste, one of the three
subspecies of unsilvered fritillary, as an endangered or threatened
species. In our November 22, 1994, 90-day petition finding (59 FR
28741), we determined that, although the S. adiaste adiaste may be
declining, existing information was not available to estimate the
extent or rate of changes in habitat or population levels. We stated
that further surveys were needed to adequately assess its distribution
and population status, and beyond the information described above, the
petitioner presented little else on the status of the animal.
Therefore, the Service determined that the petition did not present
substantial information that the requested action may be warranted.
Species Information
The unsilvered fritillary is a medium-sized, brush-footed butterfly
limited to the central coast region of California (WildEarth Guardians
2010, p. 1). This butterfly has a 2-2.38-inch (5-6.1-centimeter (cm))
wingspan. The upper side of adult males is pale reddish-tan to bright
red and the undersides are pale yellow to gray; females are larger and
paler than males. The unsilvered fritillary has small, scattered, dark
markings and a bold postmedian line. This species also has unsilvered
hindwing spots that slightly contrast with background coloring, unlike
the silvered markings of most Speyeria species (Butterflies and Moths
of North America (BMNA) 2009, p. 1). Adults lay single eggs on fallen
leaves and twigs near violets (Viola spp.). Caterpillars hibernate
without feeding, but feed on violet leaves when they emerge in spring
(NatureServe 2009, not paginated; BMNA 2009, p. 1). Adults have been
observed feeding on the flowers of native and nonnative thistles
(family Asteraceae) and California buckeye (Aesculus californica)
(NatureServe 2009, not paginated). The unsilvered fritillary breeds
once per year, with its adult butterfly stage occurring in June through
July (flight period) (BMNA 2009, p. 1).
The unsilvered fritillary inhabits openings in conifer and redwood
forests, as well as oak woodlands, chaparral, and grassy slopes (BMNA
2009, p. 2). Brittnacher et al. (1978, p. 200) considered it a xeric
(adapted to an extremely dry habitat) Speyeria species that occurred in
summer-dry locations.
Violets are the only known host plants for Speyeria, including the
unsilvered fritillary, and the distribution of these plants limits the
extent of available habitat the species can occupy (Brittnacher 1978,
p. 199). Mattoon et al. (1971) (in Brittnacher et al. 1978, p. 199)
found that all the North American violets they tested can adequately
support larval growth, although some European ornamentals, such as
sweet violet (Viola odorata), are toxic to most Speyeria species.
The petition states that there are 16 species in the Speyeria genus
(WildEarth Guardians 2010, p. 4). Brittnacher et al. (1978, p. 199)
state that there are at least 14 closely related Speyeria species, 10
of which occur in California. In the draft recovery plan for the
Behren's silverspot (S. zerene behrensii), the Service (2003, p. 3)
stated that the genus Speyeria is a member of a complex group of 10
species, having a polytypic (i.e., having many forms) population
structure, with over 100 geographic subspecies. There are three
recognized subspecies of the unsilvered fritillary, Speyeria adiaste
adiaste (adiaste subspecies), S. a. clemencei (clemencei subspecies),
and S. a. atossa (atossa subspecies) (NatureServe 2009, not paginated);
however, as discussed below, the atossa subspecies is considered
extinct.
The historic range of the unsilvered fritillary covered much of the
central and southern coastal region of California, extending from San
Mateo County in the north to Los Angeles and Kern Counties in the south
(BMNA 2009, p. 2). However, the current range is much smaller because
the atossa subspecies is considered extinct (BMNA 2009, p. 2).
Historically, the atossa subspecies was widely distributed in the
Tehachapi Mountains, Tejon Mountains, and Mount Pinos region of Los
Angeles and Kern Counties (Bruyea 2003, not paginated), living in open
grasslands where violets, such as the pine violet (Viola purpurea),
were abundant (Comstock 1927 in Hammond and McCorkle 1983, p. 220). The
last known observations of the atossa subspecies occurred in 1959 just
south of the town of Tehachapi and near Mount Pinos (Emmel and Emmel
1973 in Bruyea 2003, not paginated).
The two extant unsilvered fritillary subspecies occur in the
central coast region of California from Santa Cruz County in the north
to San Luis Obispo County in the south. The petition states that the
adiaste subspecies is limited to the higher elevations of the Santa
Cruz Mountains in San Mateo, Santa Cruz, and Santa Clara Counties
(WildEarth Guardians 2010, p. 5). The clemencei subspecies has a more
extensive range (BMNA 2009, p. 2), and the petition states that it
occurs in the Santa Lucia Mountains in Monterey and San Luis Obispo
Counties (WildEarth Guardians 2010, p. 5). The petition states that the
unsilvered fritillary is distributed spottily within this range
(WildEarth Guardians 2010, p. 6); however, the petition does not
provide any other data on its abundance or distribution.
[[Page 10312]]
The California Natural Diversity Database (CNDDB) (2010, not
paginated) has only two records for the S. a. adiaste. One location is
in Big Basin Redwoods State Park in Santa Cruz County, which is
specifically discussed in the petition. The second location is on
private land on the border between Santa Clara and Santa Cruz Counties.
There are no records of S. a. clemencei in the CNDDB.
NatureServe is cited frequently throughout the petition to support
the assertion that the unsilvered fritillary should be listed under the
Act. NatureServe is a nonprofit conservation organization that collects
and manages data about the status and distribution of species and
ecosystems of conservation concern and makes that information available
to guide conservation, land-use planning, and natural resource
management (NatureServe Web site 2009). As part of this service,
NatureServe assesses and ranks the conservation status of species on a
scale ranging from a ``conservation status rank'' of critically
imperiled (1) to demonstrably secure (5). NatureServe ranks the
unsilvered fritillary as G1G2, rounded to G1, ``critically imperiled,''
meaning the species is at high risk of extinction due to extreme rarity
or to a limited range. However, NatureServe states that more
information on abundance and number of occurrences and metapopulation
dynamics of the species would be necessary to further refine its rank.
NatureServe indicates that the long-term trend for the species has been
a large-to-substantial decline (50 to 90 percent). However, NatureServe
does not indicate whether the range of the species has declined or the
abundance of the species has declined or both, although it does note
that there is not enough information to determine the abundance of the
species. The loss of the atossa subspecies represents a large decline
in the range of the species, but does not necessarily reflect the
status of the adiaste or clemencei subspecies. Although NatureServe
states that there is not enough information to determine the number of
occurrences of the species, it estimates the number of occurrences at
1-20. NatureServe also ranks the three subspecies individually: S. a.
adiaste is ranked as T1, critically imperiled in California; S. a.
clemencei is ranked as T1T2, similar to the full species' rank of G1G2;
and S. a. atossa is ranked as TX because it is presumed extinct.
NatureServe (2009) states that populations of the adiaste subspecies
``seem to have declined,'' but does not provide any information to
support this observation. It should also be noted that NatureServe
indicates on its Web site that conservation status ranks are neither a
recommendation by the organization, nor an indication that a species
requires legal status to assure its survival (NatureServe 2008, not
paginated) and, in our view, should not be the sole basis for any
decisions.
Furthermore, the CNDDB includes S. a. adiaste on its species-at-
risk list, but the other two subspecies are not included. Similarly,
the California Wildlife Action Plan includes S. a. adiaste as a species
at risk in the central coast region based on the CNDDB classification.
Although the petition did not provide any information on the
results of any surveys that may have been conducted to determine the
status of the atossa subspecies, the information available at this time
indicates that the atossa subspecies is considered extinct. We also
agree with the petitioner and other organizations, including
NatureServe, that the range of the remaining extant subspecies of the
unsilvered fritillary is limited to the central coast of California.
However, the range of the species as described in both the petition and
by NatureServe includes at least the mountainous portions of five
counties. Although only a portion of this area is suitable habitat for
the species, the petition did not provide information on either the
distribution of the species or on the extent or distribution of its
habitat; information on either or both could be used to refine the
range of the species beyond what is described in the petition. The
petition also did not present any information that would indicate that
the ranges of the remaining two subspecies have been reduced. Nor did
the petition present any information on either the number of
populations or overall abundance of the two subspecies, or any changes
in these. The classification of the unsilvered fritillary as being
critically imperiled by NatureServe is apparently based on the loss of
the atossa subspecies and the limited range of the two extant
subspecies, rather than information on their past or present
distribution and abundance. Therefore, there is no information that
shows that the range of the two remaining subspecies has been reduced
or that the number of populations or abundance of either of them has
declined or is declining.
Evaluation of Information for This Finding
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations at 50 CFR part 424 set forth the procedures for adding a
species to, or removing a species from, the Federal Lists of Endangered
and Threatened Wildlife and Plants. A species may be determined to be
an endangered or threatened species due to one or more of the five
factors described in section 4(a)(1) of the Act:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
In making this 90-day finding, we evaluated whether information
regarding threats to the unsilvered fritillary, as presented in the
petition and other information available in our files, is substantial,
thereby indicating that the petitioned action may be warranted. Our
evaluation of this information is presented below.
It is the overall position of the petition that, of the three
subspecies of the unsilvered fritillary, Speyeria adiaste atossa is
considered extinct, S. a. adiaste is limited in range and declining,
and S. a. clemencei has a more extensive range but faces multiple
threats, and, therefore, the species in its entirety faces extinction
or endangerment.
The petition states that the unsilvered fritillary has vanished
from much of its range and asserts that this is due to human
activities, including habitat loss and degradation due to burgeoning
human populations, with resultant urban and suburban sprawl; increasing
agriculture; extensive livestock grazing; off-road vehicle use; and
other adverse land uses. The petition also asserts that climate change
has taken and will take its toll through altered fire regimes, more
severe and frequent droughts, and shifts in native plant distribution
(WildEarth Guardians 2010, p. 12). The petition states that the Service
should consider whether these threats intersect and act
synergistically, thereby increasing the likelihood of extinction or
endangerment of the unsilvered fritillary in the foreseeable future
(WildEarth Guardians 2010, p. 16).
Additionally, the petition states that the Service should consider
how the suite of threats identified for four Federally listed Speyeria,
the Behren's silverspot (Speyeria z. behrensii), the Oregon silverspot
(S. z. hippolyta), the Myrtle's silverspot (S. z. myrtleae), and the
Callippe silverspot (S. callippe callippe), might likewise threaten the
[[Page 10313]]
unsilvered fritillary (WildEarth Guardians 2010, p. 11).
The endangered Behren's silverspot occurs at a single location near
Point Arena, Mendocino County, California (Service 2003, p. iii).
Threats identified in the recovery plan for this taxon are: Invasion by
nonnative species, natural succession, fire suppression, residential
development, and overcollection (Service 2003, pp. 12-16).
The threatened Oregon silverspot occurs at disjunct sites near the
Pacific coast from Del Norte County, California, north to Long Beach
Peninsula, Washington. Threats identified in the recovery plan for this
taxon are: Invasion by nonnative species, fire suppression, land
development, off-road vehicles, livestock grazing, erosion, roadkill,
insecticides, and overcollection (Service 2001, pp. 18-20).
When listed, the endangered Myrtle's silverspot occurred in four
areas in western Marin and southwestern Sonoma Counties, California,
and the distribution and range have not significantly changed since
listing in 1992 (Service 2009, p. 5). Threats identified in the
recovery plan for this taxon are: Invasion by nonnative plants, loss of
habitat from commercial and residential development, recreation,
livestock grazing, agriculture, and over-collection (Service 1998, pp.
59-60).
The endangered Callippe silverspot occurs at San Bruno Mountain in
San Mateo County and at Cordelia Hills in Sonoma County, California
(Service 2009, p. 5). Threats identified in the listing rule for this
taxon are: Habitat degradation due to human activities, off-road
vehicles, invasion by nonnative plants, livestock grazing, and over-
collection (December 5, 1997, 62 FR 64306, pp. 64311-64312).
The five factors discussed below are pertinent only in cases where
the organism being proposed for listing may be a listable entity as
defined by section 3(16) of the Act and is extant in the wild. The
petition and its supporting information and information in our files
indicate that the atossa subspecies is considered extinct. Because the
atossa subspecies is considered extinct, the five factors are not
analyzed for atossa. Therefore, the five factors are analyzed for the
species of the unsilvered fritillary as a whole and for each of the two
extant subspecies (adiaste and clemencei).
A. The Present or Threatened Destruction, Modification, or Curtailment
of its Habitat or Range
The petition asserts that development, fire suppression, widespread
fires, agriculture, overgrazing, and exotic vegetation are causing the
loss or degradation of the unsilvered fritillary's habitat (WildEarth
Guardians 2010, p. 8). Moreover, the petition claims that the
extirpations and decline of the unsilvered fritillary indicate severe
degradation of its habitat, and these activities are pushing this
species' Central coast grassland and woodland ecosystems toward
collapse (WildEarth Guardians 2010, pp. 7-8). The petition states that
NatureServe (2009, not paginated) estimates that the unsilvered
fritillary has undergone a large-to-substantial decline, on the order
of 50 to 90 percent (WildEarth Guardians 2010, p. 7).
The petition also lists off-road vehicles as a threat to the
unsilvered fritillary (WildEarth Guardians 2010, p. 9); however, it
does not include any other information on either the operation of off-
road vehicles in relation to unsilvered butterfly populations or the
habitat of the species.
Development: Information in the Petition
As described in the petition, the various species of Speyeria
butterflies are sensitive to human disturbance, and four species of
Speyeria butterflies are listed as either threatened or endangered
(WildEarth Guardians 2010, p. 11). Hammond and McCorkle (1983, p. 218)
analyzed the general problem of declining Speyeria butterfly
populations due to human-induced environmental disturbances and
concluded that the fritillary butterflies of the genus Speyeria and
their larval food plants, violets, are among the most sensitive
organisms in native ecosystems, and are among the first to be
exterminated as a result of widespread human disturbance.
Human disturbance has been particularly destructive to native
ecological communities along the West Coast, and many forms of Speyeria
have become extinct or are threatened with extinction in this region
(Hammond and McCorkle 1983, p. 220). One example of this is the atossa
subspecies, which, as mentioned earlier, is considered extinct. The
atossa subspecies was once widely distributed and extremely abundant in
the Sierra Madre, Tejon, and Tehachapi Mountains of southern
California, where it occurred in open grasslands where violets, such as
the pine violet (Viola purpurea), were abundant (Comstock 1927, in
Hammond and McCorkle 1983, p. 220). According to Emmel and Emmel (1973,
in Hammond and McCorkle 1983, p. 220), this subspecies is probably
extinct today, with the last known specimen collected in 1959. Although
the actual causes of the atossa subspecies' decline are still not clear
(University of California Berkeley 2009, p. 1), it is thought that
overgrazing by livestock, combined with drought, so greatly reduced the
larval food plant that the butterfly could no longer survive (Orsak
1974, in Hammond and McCorkle 1983, p. 220). Wildfire suppression
practices may also have contributed to the spread of nonnative
vegetation in the area, which tends to outcompete native low-growing
annuals, including potential unsilvered fritillary host plants (John
Emmel, pers. comm. in Bruyea 2003, not paginated).
The petition states that population and urban growth and
development are important stressors to wildlife in the central coast
region of California, including the unsilvered fritillary, and that
suburban development has reduced both the various Speyeria species of
butterflies and violets, their primary food source (WildEarth Guardians
2010, p. 8). As stated in the petition, the human population in this
region has increased extensively and is likely continuing to grow
(WildEarth Guardians 2010, p. 8). According to the California Wildlife
Action Plan (Bunn et al. 2007, p. 200), population pressures have
increased in recent years, and growth and development have expanded
from urban centers to adjacent farmlands and rural areas both on the
coast and in the interior portions of the central coast. As pointed out
in the petition, these developed areas and infrastructure corridors not
only result in direct loss of habitat, but also fragment the natural
landscape and degrade the quality of adjacent habitat (WildEarth
Guardians 2010, p. 9). Fragmentation hinders ecological processes that
require landscape connectivity, such as natural fire regimes, movement
of wide-ranging species, and genetic exchange, and it makes remaining
natural lands more vulnerable to pollution and invasion by exotic
plants and animals (Soul[eacute] and Terborgh 1999, in Bunn et al.
2007, p. 208).
Evaluation of Information Provided in the Petition and Available in
Service Files
As noted in the petition, Speyeria are known to be sensitive to
development, and development is considered to be a threat to the
habitat of the four listed Speyeria butterflies. The primary threat to
the Callippe (62 FR 64306), Behren's (62 FR 64306), Myrtle's (June 22,
1992, 57 FR 27848), and Oregon silverspot (July 2, 1980, 45 FR 44935)
butterflies is the loss and degradation of habitat from human
activities.
[[Page 10314]]
The petition asserts that urban and rural development is occurring
within the range of the unsilvered fritillary and is negatively
affecting it (WildEarth Guardians 2010, p. 8). We agree that the
unsilvered fritillary is likely sensitive to development that removes
or degrades its habitat; however, the petition only makes general
assertions that development associated with population increases in the
central coast is affecting the habitat of the unsilvered fritillary.
The petition does not provide any information on the location of
populations of the unsilvered fritillary or either of the two extant
subspecies, except for the one occurrence of a protected population in
Big Basin Redwoods State Park (WildEarth Guardians 2010, p. 11). The
petition also does not provide any information regarding the amount of
occupied habitat lost or degraded, nor does the petition identify areas
within the unsilvered fritillary's range that are currently being
developed or have plans for future development. As noted above in the
Species Information section, only two records of the unsilvered
fritillary are in the CNDDB, one of which is in Big Basin Redwoods
State Park, where development, agriculture, and off-road vehicles are
not permitted. The petition references NatureServe in indicating that
``few to several'' occupied locations are protected, but it does not
include any further information, nor does the petition include any land
ownership information, beyond the fact that one of the locations is in
Big Basin Redwoods State Park (WildEarth Guardians 2010, p. 11). We
have no information in our files regarding specific locations of
unsilvered fritillary butterfly populations, suitable habitat, or
potential development impacts to the habitat for the species or
subspecies. However, based on maps in our files, there are six State
parks (Butano, Portola, Castle Rock, Henry Cowell Redwoods, Forest of
Nisene Marks, and Wilder Ranch State Park), the extensive San Francisco
State Fish and Game Refuge, and several County parks (e.g., San Pedro,
Mt. Madonna, Uvas Canyon County Park) in the range of the species
(Santa Cruz Mountains) that are not mentioned in the petition. Also,
almost half of the range of the clemencei subspecies as identified in
the petition (WildEarth Guardians 2010, p. 5) is public land, including
the Los Padres National Forest, Ventana Wilderness Area, Hastings
Natural History Reservation, and several State parks (e.g., Pfeiffer
Big Sur, Julia Pfeiffer Burns). Although we do not have any information
as to the presence of populations or suitable habitat in these areas,
they are all within the range of the fritillary and are protected from
many types of impacts including development, agriculture, and, at least
in the case of the Ventana Wilderness Area and State parks, off-road
vehicles (Wilderness Act of 1964 (16 U.S.C. 1131 et seq.); https://www.parks.ca.gov/). Therefore, we have determined that the information
provided in the petition and in our files concerning the effect of
development on the unsilvered fritillary or either of its two
subspecies does not present substantial information indicating that the
petitioned action may be warranted.
Fire: Information in the Petition
The petition asserts that the unsilvered fritillary is a poor
survivor of fires, but that the species also depends on fire to protect
its habitat from brush and tree encroachment as well as to burn off
dead thatch that can crowd out violets (WildEarth Guardians 2010, p. 8,
citing Hammond and McCorkle 1983, p. 222; NatureServe 2009, not
paginated). Wildfire suppression may also facilitate the spread of
exotic vegetation (WildEarth Guardians 2010, p. 9, citing Bruyea 2003,
not paginated). The petition states that the Service should consider
how an altered fire regime may be a threat to this species' habitat,
particularly given that the clemencei subspecies occurs in the fire-
prone Santa Lucia range (WildEarth Guardians 2010, p. 8, citing
NatureServe 2009, not paginated).
Evaluation of Information Provided in the Petition and Available in
Service Files
Periodic fires can be an important factor in maintaining the
grassland and coastal prairie habitat of the Callippe and Behren's
silverspot butterflies, because, without fire, succession will
eliminate the food plants of the larvae of the two butterflies (Orsak
1980 and Hammond and McCorkle 1984 in 62 FR 64306, p. 64315). Hammond
and McCorkle (1983, p. 222) pointed out that without fire to maintain
the grasslands against brush and tree invasion along the Oregon and
Washington coasts, most of the coastal grasslands gradually disappeared
to salal and salmonberry brushland or Sitka spruce forest, and even
without brush and tree invasion, the native grasslands experience a
second ecological problem in the absence of fire. The dead grass from
the previous year's growth does not decay quickly in the coastal
environment and gradually accumulates to form a thick layer of thatch
that smothers and crowds out the violets and other wildflowers that are
important food sources for butterflies (Hammond and McCorkle 1983, p.
222). The reduction of historic disturbance regimes has probably
accelerated expansion of several nonnative species which threaten
Oregon silverspot populations, in addition to encouraging native shrub
and tree growth. The spread of nonnative plants has reduced, degraded,
or eliminated habitat for the Oregon silverspot at many sites (Service
2001, p. 16). The overgrowth of invasive plants remains one of the most
serious present-day threats to the Myrtle's silverspot butterfly. It
has been recognized as a threat to other listed butterflies as well (57
FR 27848; Service 1998; Adams 2004; Ehrlich and Hanski 2004; Severns
2007, in Service 2009, p. 15).
While the overgrowth and succession of the four Speyeria butterfly
habitats may be ameliorated by periodic disturbance from fires that
clear areas for Speyeria food plants, the effects on Speyeria larvae
may be more severe. Although the larvae of these butterflies may
survive fires that move rapidly through grassland habitats, hotter and
slow-moving brush and woodland fires may kill them (Orsak 1980 and
Hammond and McCorkle 1984 in 62 FR 64306, p. 64315). Under windy
conditions, fast-moving grassland fires burn in patches that leave
islands of unburned habitat where any butterflies present are not
harmed.
The petition asserts that the unsilvered fritillary can be
negatively or positively affected by both presence of fire and absence
of fire (WildEarth Guardians 2010, p. 8). However, the petition does
not provide any information on past or more-recent fire activity within
the range of the unsilvered fritillary and does not provide any
information on the location of populations of the unsilvered
fritillary, including either of its two subspecies that may or could
potentially be affected by fire. Similarly, the petition does not
provide any information on past, present, or planned fire suppression
activities within the range of the species. Moreover, the petition
(WildEarth Guardians 2010, p. 8) and NatureServe (2009) state that the
Santa Lucia Mountains are fire prone, but do not provide information
regarding the past or more-recent fire history in the Santa Lucia
Mountains that would indicate this area is more fire-prone or whether
the clemencei subspecies' habitat is more prone to wildfire than other
areas of California. We have no information for either the specific
locations of the unsilvered fritillary populations that may be
[[Page 10315]]
affected by fire, or the areas within the range of the species that
have altered fire regimes or have high fire danger. Therefore, we have
determined that the information provided concerning wildfire and fire
suppression for the unsilvered fritillary or either of its extant
subspecies does not present substantial information indicating that the
petitioned action may be warranted.
Agriculture and Grazing: Information Provided in the Petition
The petition lists agriculture and livestock grazing as threats to
the unsilvered fritillary and asserts that livestock eat and trample
violet food plants and can cause proliferation of noxious weeds that
displace violets (WildEarth Guardians 2010, p. 9). The petition asserts
that approximately 11 percent of the central coast region of California
is used for agriculture and livestock grazing, which can lead to
habitat fragmentation, erosion, sedimentation, and degradation from
herbicides and insecticides (WildEarth Guardians 2010, p. 9). The
petition states that intensive agriculture is increasing in the region;
vineyard acreage increased approximately 36 percent between 1998 and
2001 (WildEarth Guardians 2010, p. 9, citing Bunn et al. 2007, p. 211).
The petition (WildEarth Guardians 2010, p. 8) notes that overgrazing is
suspected to have played a role in the extinction of the atossa
subspecies (NatureServe 2009, not paginated).
The petition also states that Speyeria butterflies are known to be
susceptible to insecticides (WildEarth Guardians 2010, p. 16, citing
NatureServe 2009, not paginated), and given the increase in agriculture
within the unsilvered fritillary's range, insecticide use is likely to
be an escalating threat to this species (WildEarth Guardians 2010, p.
16).
Evaluation of Information Provided in the Petition and Available in
Service Files
The effect of grazing can be either beneficial or deleterious to
native plants, depending on the grazing regime and the ecology of the
plant species (DeVries and Raemakers 2001; Vogel et al. 2007, in
Service 2009, p. 14). For the Callippe, Behren's, Myrtle's, and Oregon
silverspots, livestock grazing was determined to be a threat if it
occurred at levels such that the vegetation was overgrazed and the food
plants and nectar sources of these butterflies were eliminated or
reduced in abundance. However, light-to-moderate grazing can result in
reduction of invasive woody plants and maintain early successional
grassland habitats that are beneficial for butterfly host plants
(Service 2001, p. 16; Service 2009, p. 14). In fact, the Myrtle's
silverspot has coexisted with cattle grazing for over 100 years at
Point Reyes National Seashore. Adams (2004, in Service 2009, p. 14)
found that the moderate grazing regime at Point Reyes National Seashore
did not negatively affect the density or diversity of nectar plants,
and butterflies were found more frequently in the areas that were
grazed. Inadvertent trampling of the Myrtle's silverspot host plants by
grazing cattle may also be considered a relatively minor threat
(Service 2009, p. 14). Other studies have shown that optimal grazing
increases the density of native plants, which may support butterfly
populations (Heitschmidt and Stuth 1991 in Service 2009, p. 14).
The petition asserts that because 11 percent of the central coast
region is used for agriculture and grazing, and because intensive
agriculture (e.g., vineyards) is increasing in the region, the
unsilvered fritillary is and will become even more negatively affected
by these land uses (WildEarth Guardians 2010, p. 9). While conversion
of suitable habitat containing Viola spp. host plants to intensive
agriculture would most likely eliminate the unsilvered fritillary's
habitat, the petition does not provide any information, nor do we have
any information in our files, regarding the extent or intensity of
existing agriculture and grazing land use or any planned land-use
conversion to vineyards or other types of agriculture or grazing that
would occur within the unsilvered fritillary's range. Also, although
vineyard acreage has increased along the central coast, as pointed out
in the petition (WildEarth Guardians 2010, p. 9), much of the increase
has been south of the area where the unsilvered fritillary is currently
believed to occur, in the Santa Cruz Mountains and the Santa Lucia
Mountains. Vineyard acreage has increased in the area around Paso
Robles in San Luis Obispo County and Santa Barbara County (Bunn et al.
2007, p. 211). The petition does not provide any information, nor do we
have any information in our files, on the location of populations of
the unsilvered fritillary that may be or could potentially be affected
by agriculture or grazing, and, thus, we do not have information
indicating that agriculture and grazing practices are negatively
affecting, or are likely to negatively affect, the unsilvered
fritillary. We have determined that the information presented in the
petition and available in our files concerning potential habitat
modification threats of agriculture and grazing to the habitat for the
unsilvered fritillary or either of its extant subspecies does not
present substantial information indicating that the petitioned action
may be warranted.
Silverspot butterfly larvae are extremely sensitive to
insecticides, and even the accumulation of runoff in the soil after
spraying has proven lethal to the larvae of members of the genus
Speyeria (Mattoon et al. 1971, in 62 FR 64306, p. 64314). In listing
the Callippe and Behren's silverspot butterflies, the Service stated
that the use of insecticides could threaten these butterflies if use
occurred in proximity to occupied habitat (62 FR 64306, p. 64314). This
petition, however, does not provide information regarding the use of
insecticides within the unsilvered fritillary's range and simply
asserts that insecticide use would increase as agriculture within the
region increases. The petition also does not provide any information on
the location of populations of the unsilvered fritillary that may or
could potentially be affected by insecticides. The Service is not aware
of plans to apply insecticides in or near the habitat occupied by the
unsilvered fritillary, nor do we have any information in our files
regarding areas of insecticide application relative to unsilvered
fritillary habitat. Therefore, we have determined that the information
presented in the petition and in our files concerning the potential
threat of insecticides to the unsilvered fritillary or either of its
extant subspecies does not present substantial information indicating
that the petitioned action may be warranted.
Exotic (Nonnative) Vegetation: Information in the Petition
The petition states that exotic vegetation may have played a role
in the extinction of the atossa subspecies and asserts that exotic
vegetation could likewise threaten the extant subspecies of the
unsilvered fritillary and the species as a whole (WildEarth Guardians
2010, p. 9). Citing Bruyea (2003, not paginated), the petition points
to wildfire suppression as having facilitated the spread of exotic
vegetation, which outcompeted native annuals, such as violets, and, in
combination with other human disturbances, led to the extinction of the
atossa subspecies (WildEarth Guardians 2010, p. 9).
The petition points out that in the listing rule for the Behren's
and Callippe silverspot butterflies (62 FR 64306, pp. 64314-64315), the
Service noted, ``The invasion of California's native grassland and
coastal prairie by
[[Page 10316]]
alien plants has adversely affected native flora and fauna. In the
absence of control and eradication programs, invasive alien plants may
eliminate the remaining native plants, including the host plants of
Behren's and Callippe silverspot butterflies. Adequate levels of Viola
spp. host plants are especially critical for the long-term survival of
populations of these butterflies (S. Mattoon, in litt., August 4, 1989,
and November 22, 1992).'' The petition states that this analysis
likewise applies to the unsilvered fritillary (WildEarth Guardians
2010, p. 9).
Evaluation of Information Provided in the Petition and Available in
Service Files
We recognize that nonnative vegetation can reduce and degrade
habitat for Speyeria butterflies (e.g., Service 2001, p. 16; Service
2009, p. 15), and that nonnative vegetation has been recognized as an
indirect threat to other listed butterflies as well (57 FR 27848;
Service 1998; Adams 2004; Ehrlich and Hanski 2004; Severns 2007 in
Service 2009, p. 15). In the absence of control and eradication
programs, invasive alien plants may eliminate the remaining native
plants, including the host plants of Behren's and Callippe silverspot
butterflies. The petition generalized that because other Speyeria
butterflies are negatively impacted by nonnative vegetation, the
unsilvered fritillary is as well (WildEarth Guardians 2010, p. 9).
However, the petition does not include any information on where
nonnative vegetation is degrading the unsilvered fritillary's habitat
or the location of populations of the unsilvered fritillary that may be
or could potentially be affected by nonnative plants. In addition, we
have no information in our files regarding negative impacts to the
unsilvered fritillary due to nonnative vegetation. Therefore, we have
determined that the information presented in the petition and in our
files concerning the potential threat of nonnative plants to the
habitat of the unsilvered fritillary or either of its extant subspecies
does not present substantial information indicating that the petitioned
action may be warranted.
Drought: Information Provided in the Petition
The petition states that drought is considered a threat to the
unsilvered fritillary (WildEarth Guardians 2010, p. 14, citing
NatureServe 2009, not paginated). Drought has been hypothesized, but
not definitively proven, to be a factor in the extinction of the atossa
subspecies, as well as being a threat to the clemencei subspecies
(WildEarth Guardians 2010, p. 14, citing Davenport 2004, p. 16;
NatureServe 2009, not paginated). The petition also asserts that
climate change will result in more frequent and longer droughts
(WildEarth Guardians 2010, p. 14).
Evaluation of Information Provided in the Petition and Available in
Service Files
The petition does not provide any information, nor do we have
information in our files, to indicate that drought has or will
negatively affect the habitat or the number and distribution of
populations or the population sizes of the unsilvered fritillary. The
petition cites sources that state generally that drought has been a
severe problem in recent years (WildEarth Guardians 2010, p. 14, citing
Davenport 2004, p. 16), but does not provide information specifically
related to the effects of drought on the unsilvered fritillary. The
cause of the extinction of the atossa subspecies is unclear, but it has
been attributed to many different factors, including drought (Howe
1975, in Bruyea 2003, not paginated; Orzak 1974, in Hammond and
McCorkle 1983, p. 220), overgrazing (Orzak 1974, in Hammond and
McCorkle 1983, p. 220), disease (University of California Berkeley
2009, p. 1), invasion of nonnative species (Howe 1975, in Bruyea 2003,
not paginated), and wildfire suppression (John Emmel, pers. comm., in
Bruyea 2003, not paginated). Periodic droughts have been, and likely
will continue to be, a normal part of the climate of California, and
wildlife, including the unsilvered fritillary, have adapted to periodic
droughts. Therefore, we have determined that the information presented
in the petition and in our files concerning the potential threat of
drought to the unsilvered fritillary or either of its extant subspecies
does not present substantial information indicating that the petitioned
action may be warranted.
Climate Change: Information Provided in the Petition
The petition asserts that climate change is having, and will
continue to have, a multitude of effects on the unsilvered fritillary
and its habitat, including more severe, longer, and more frequent
droughts; increased catastrophic wildfire and alteration of natural
fire regimes due to hotter conditions; and potential shifts in ranges
of this species or the violet species on which it depends (WildEarth
Guardians 2010, p. 12). The petition notes that recent warming in the
southwestern United States is among the most rapid in the nation,
significantly more rapid than the global average (WildEarth Guardians
2010, p. 12, citing Karl et al. 2009, pp. 129-132). Increasing
temperature, drought, wildfire, and invasive species will accelerate
transformation of the landscape; two-thirds of the more than 5,500
native plant species in California are projected to experience range
reductions of up to 80 percent before the end of this century under
projected warming (WildEarth Guardians 2010, p. 13, citing Karl et al.
2009, p. 132). The petition claims that such a shift in native
ecosystems could adversely affect the unsilvered fritillary, given its
narrow distribution (WildEarth Guardians 2010, p. 13).
The petition cites a recent United States Forest Service report
regarding the intersection of climate and fire regimes (WildEarth
Guardians 2010, p. 14, citing Westerling et al. 2006, in Keeley et al.
2009, p. 20). The report states that recent studies show correlations
among warming temperatures, earlier springs, and increased numbers of
large forest fires in some parts of the western United States.
Anticipated warming trends as a consequence of greenhouse gas
accumulation may lead to further increases in the numbers of large
fires and total area burned in some regions (Brown et al. 2004;
Flannigan et al. 2005; McKenzie et al. 2004, in Keeley et al. 2009, p.
20). Allen and Breshears (1998, in Keeley et al. 2009, p. 20) also
predict that global climate change will produce large changes in
vegetation distributions at unprecedented rates, particularly in
semiarid, fire-prone ecosystems. These anticipated changes in fuel
distribution could reduce fire activity in some regions and lead to
unanticipated impacts on future fire regimes (Keeley et al. 2009, p.
20).
Evaluation of Information Provided in the Petition and Available in
Service Files
We recognize that global mean temperatures have increased over the
last several decades and will almost certainly continue to increase in
the future as a result of greenhouse gases. Although increasing
temperature may have an effect on the unsilvered fritillary, the
information presented in the petition or available in our files does
not support a meaningful prediction as to whether the overall impact
will be negative or positive, or some combination of negative and
positive impacts. Increasing temperature could result in more severe
and frequent drought, especially in the Southwest (Karl et al. 2009, p.
42). However, we are
[[Page 10317]]
not aware of any formal studies on the direct effect of rising global
temperature on drought severity or frequency (Karl et al. 2009, p. 5).
Also, drought severity and frequency are a function of a complex series
of factors, such as El Ni[ntilde]o intensity and duration and
geographic variations in sea surface temperature, which may also be
affected in some manner by increasing temperatures, thereby compounding
the uncertainty associated with precipitation projections (Karl et al.
2009, p. 105). Uncertainty also arises when extrapolating from a larger
scale (e.g., North America or the Southwest) to the limited range of
the unsilvered fritillary. A projected increase in mean temperatures in
the Southwest does not necessarily equate to a similar degree of
increase in local areas, such as the central coast of California, and
both the degree and direction of changes in climate and weather will
vary at the local level. More importantly, the response of plants and
animals to climate change is uncertain and will likely vary locally and
regionally. For example, citing Karl et al. (2009, p. 132), the
petition states that the ranges of many California plants are projected
to decline up to 80 percent due to climate change. However, this
projection is only one of many projections. The 80-percent projection
is a worst-case scenario in which the most severe degree of climate
change was assumed, and in which plants were assumed to have no ability
to shift their range in response to climate change. Other scenarios,
where plants were assumed to be able to shift range, revealed that
plant ranges in some areas were projected to increase, such as in the
Central Western region which includes the range of the unsilvered
fritillary (Loarie et al. 2008, Figure 4, p. 6). In addition, although
the range of some types of vegetation may decline, grasslands are
expected to increase (Karl p. 131), which may be beneficial for the
unsilvered fritillary. Finally, we cannot meaningfully predict the
impact on the unsilvered fritillary if drought severity and frequency
were to increase in the central coast. For example, wildfires are
likely to increase with worsening droughts (Karl et al. 2009, p. 43),
but as pointed out in the petition, wildfires may have a positive as
well as a negative effect on the unsilvered fritillary and its habitat.
Therefore, we have determined that the information presented in the
petition and in our files concerning the potential threat of climate
change to the unsilvered fritillary or either of its extant subspecies
does not present substantial information indicating that the petitioned
action may be warranted.
Summary of Factor A
The petition lists development, agriculture, livestock grazing,
insecticides, invasive plants, drought, and climate change as threats
to the unsilvered fritillary. However, the petition provided only this
general list of potential threats to the unsilvered fritillary, but did
not provide information that these potential threats are acting on the
habitat of the unsilvered fritillary. We recognize that other listed
Speyeria butterflies have been reduced, some substantially, due to
human-caused disturbances, but the petition does not cite any site-
specific proposed development projects or land-use conversion projects
that would occur within unsilvered fritillary habitat. In addition, the
petition does not provide specific information on the location(s) of
unsilvered fritillary populations. Therefore, it is not possible to
determine if a development project would actually affect the unsilvered
fritillary, given that we do not have recent data detailing where this
species occurs. The best information that we have regarding the
location of known populations is the two records in the CNDDB, one of
which is in a State park and is protected by California State law
(NatureServe 2009, not paginated). Also, a large portion of the
clemencei subspecies' range is public land and therefore protected from
many sources of habitat destruction and alteration. The petition also
does not provide any information that any other threats to the
unsilvered fritillary's habitat--including agriculture, livestock
grazing, insecticides, or invasive plants--are occurring within the
current range of the species and its two remaining subspecies, or are
threatening the habitat of the species. There is ample evidence that
global mean temperatures will likely increase in the future due to
greenhouse gases; however, the petition does not present any
information, nor do we have any information in our files, that
indicates that the local climate and weather of the central coast is
likely to change, the projected degree and nature of any change, or
that drought is likely to increase in severity or frequency.
Consequently, we find that the information provided in the petition and
in our files does not present substantial scientific or commercial
information indicating that listing the unsilvered fritillary or either
of its extant subspecies may be warranted due to the present or
threatened destruction, modification, or curtailment of the species'
habitat or range.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Information Provided in the Petition
The petition states that collection is not known to constitute a
threat to the unsilvered fritillary; however, the rarity of the species
makes it more attractive to collectors (WildEarth Guardians 2010, p.
9). The petition also states that butterfly populations that are small
and easily accessible are especially vulnerable to overcollection
(WildEarth Guardians 2010, p. 9).
Evaluation of Information Provided in the Petition and Available in
Service Files
The petition does not provide any information, nor do we have any
information in our files, that would indicate that the unsilvered
fritillary is a target of collectors or that it is threatened by
collection. Although an extensive commercial trade has been documented
for the Callippe silverspot and the Behren's silverspot butterflies, as
well as for other imperiled and rare butterflies (U.S. Attorney's
Office 1994, United States v. Richard J. Skalski, Thomas W. Kral, and
Marc L. Grinnell, Case No. CR932013, 1993, in 62 FR 64306, p. 64313),
insects are rarely affected by human overcollecting pressures, due to
their high reproductive capabilities (Pyle, Bentzien, and Opler 1981,
in Hammond and McCorkle 1983, p. 218).
In summary, we find that the information provided in the petition
and available in our files does not present substantial scientific or
commercial information indicating that listing the unsilvered
fritillary or either of its extant subspecies may be warranted due to
overutilization for commercial, recreational, scientific, or
educational purposes.
C. Disease or Predation
Information Provided in the Petition
The petition states that adult and larval butterflies are subject
to predation by a wide variety of vertebrate and invertebrate wildlife
(e.g., birds, reptiles, amphibians, and other insects) and that the
small size of unsilvered fritillary populations increases their
vulnerability to extirpation from disease or predation (WildEarth
Guardians 2010, p. 10). The petition also states that scientists have
suggested that disease could explain the extinction of the atossa
subspecies; however, drought and overgrazing have also been mentioned
as reasons for this subspecies' extinction (WildEarth
[[Page 10318]]
Guardians 2010, p. 9, citing Orzak 1974, in Hammond and McCorkle 1983,
p. 220).
Evaluation of Information Provided in the Petition and Available in
Service Files
The petition does not provide any information that would indicate
that disease or predation are threats to the unsilvered fritillary, nor
do we have any information in our files that would indicate that
disease or predation are threats to the species. Disease has been
suggested as a potential cause of the extinction of the atossa
subspecies (University of California Berkeley 2009, p. 1). However, the
petition did not present any information that would substantiate that
claim, and the extinction of the atossa subspecies has also been
attributed to several other causes. The petition also did not provide
any information on the types of diseases known to occur in the
unsilvered fritillary or other Speyeria butterflies or any species of
butterfly or their vulnerability to disease. Therefore, we find that
the information provided in the petition and available in our files
does not present substantial scientific or commercial information
indicating that listing the unsilvered fritillary or either of its
extant subspecies may be warranted due to disease or predation.
D. The Inadequacy of Existing Regulatory Mechanisms
Information Provided in the Petition
The petition asserts that the unsilvered fritillary is not
adequately protected by Federal or State laws or policies to prevent
its endangerment or extinction (WildEarth Guardians 2010, p. 10). The
unsilvered fritillary is not listed under the Act, nor are any of its
subspecies. The species is also not listed under the California
Endangered Species Act (CESA), because the CESA does not provide for
the listing and protection of insects. The petition further states that
while the various rankings of the unsilvered fritillary and its
subspecies by NatureServe (e.g., G1G2), CNDDB, and the California
Wildlife Action Plan (see Species Information section) indicate
biological imperilment, they do not provide any regulatory or policy
mechanisms to protect the unsilvered fritillary (WildEarth Guardians
2010, p. 10). The petition provides no further information on any other
State, Federal, or local regulations.
Evaluation of Information Provided in the Petition and Available in
Service Files
As discussed in the petition and in the Species Information section
above, several sources express concern over the status of the
unsilvered fritillary, and the species is included in the State's CNDDB
list of at-risk species (WildEarth Guardians 2010, p. 11). However,
contrary to the petition, we believe that the at-risk classification
extends some level of consideration under the California Environmental
Quality Act when project impacts are reviewed. Also, one of the two
occurrences in the CNDDB is within Big Basin Redwoods State Park, and
its habitat within the park is afforded a high degree of protection by
State law and regulations. Additionally, information in our files
indicates that a substantial portion of the putative range of the
unsilvered fritillary, as identified in the petition (WildEarth
Guardians 2010, p. 5), is public land (Ventana Wilderness, Los Padres
National Forest, and State and County parks), where, if present, the
species would be protected from many types of impacts (e.g.,
development, agriculture, and, at least in the case of Ventana
Wilderness and State parks, off-road vehicles) by Federal, State, and
local laws and regulations. Therefore, we find that the information
provided in the petition and available in our files does not present
substantial scientific or commercial information indicating that
listing the unsilvered fritillary or either of its extant subspecies
may be warranted due to the inadequacy of existing regulatory
mechanisms. There are no significant threats to the species as
discussed in factors A, B, C, and E.
E. Other Natural or Manmade Factors Affecting the Species' Continued
Existence
Biological Vulnerability: Information Provided in the Petition
The petition states that because the unsilvered fritillary's range
was historically limited, has been further reduced by anthropogenic
causes, and is vulnerable to weather events such as drought and
catastrophic fires, the Service should consider this butterfly's narrow
range itself as a threat to the taxon (WildEarth Guardians 2010, pp.
15-16). For example, loss of habitat and populations of another
Speyeria species, the Regal fritillary (Speyeria idalia), have
disrupted the gene flow between populations, and the species is
consequently more prone to extinction due to genetic and demographic
factors (WildEarth Guardians 2010, p. 16, citing Williams et al. 2003,
p. 17). The petition further states that the Service has routinely
recognized that small population size and restricted range increase the
likelihood of extinction (WildEarth Guardians 2010, p. 15). The
petition also lists human population growth (see factor A for a
discussion of population growth and development), insecticide use (see
factor A for a discussion of insecticide use), and nonnative thistle
seed weevils (scientific name not provided in petition) as threats to
the unsilvered fritillary. Finally, the petition asserts that the
cumulative effects of grazing, development, agriculture, off-road
vehicles, and climate change threaten the species.
Evaluation of Information Provided in the Petition and Available in
Service Files
We recognize the risks that stochastic (random chance) events may
present to small populations, and we agree that the limited range of
the unsilvered fritillary may exacerbate its vulnerability to these
events. However, the mere fact that a rare species is potentially
vulnerable to stochastic processes does not necessarily mean that it is
reasonably likely to experience, or have its status affected by, a
given stochastic process. There must be some information to indicate
that the unsilvered fritillary and its habitat are at least susceptible
to a threat or stochastic event, such as a severe, widespread disease
among its host plants, and that the species would be negatively
affected by the event. Typically, it is the combination of small size,
the number of populations, and isolation of small populations, in
conjunction with a threat or stochastic event (e.g., catastrophic
fire), that may pose a threat to a species. The petition, however,
includes only very limited information on the number of populations and
does not provide information on the distribution and size of
populations or the presence or absence of connectivity between
populations. Also, the mere fact that a species is rare does not
necessarily equate to a threat. A species that has always been rare,
yet continues to survive, could be well equipped to continue to exist
into the future. Many naturally rare species have persisted for long
periods within small geographic areas, and many naturally rare species
exhibit traits that allow them to persist despite their small
population sizes.
The petition states that ``nonnative thistle seed weevils may also
pose a threat to the unsilvered fritillary'' (WildEarth Guardians 2010,
p. 16, NatureServe 2009, not paginated). However, neither the petition
nor
[[Page 10319]]
NatureServe provides any other information on thistle seed weevils or
the impact they may have on the unsilvered fritillary. We assume that
weevils can destroy thistles, which are one of the plants on which the
unsilvered fritillary has been observed feeding (NatureServe 2009, not
paginated). However, beyond that, we have no information in our files,
and the petition did not provide any information that thistle seed
weevils occur within the range of the unsilvered fritillary, or that
they are destroying substantial numbers of thistles.
The information in the petition and in our files on the potential
impacts of grazing, development, agriculture, off-road vehicles, and
climate change are discussed in factor A. These potential impacts in
combination could have a greater effect on the unsilvered fritillary
than they would have individually. However, as summarized in factor A,
the petition provided only this general list of potential threats to
the unsilvered fritillary, but did not provide information that these
potential threats are acting on the habitat of the unsilvered
fritillary. The petition also did not provide any information that
multiple potential threats are acting together on the habitat of the
unsilvered fritillary.
In summary, we find that the information provided in the petition
and available in our files does not present substantial scientific or
commercial information indicating that listing the unsilvered
fritillary or either of its extant subspecies may be warranted due to
other natural or manmade factors affecting the species' continued
existence.
Finding
In summary, the petition does not present substantial scientific or
commercial information, because it does not provide any information on
the location and magnitude of threats within the range of the species
or specific threats to any occurrence or population of the species or
either of its extant subspecies. The petition provides only very
limited information on the number of populations within this area and
no information on the distribution and size of populations, and we do
not have this info