23654 Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Proposed Rules 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: April 15, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2010–10342 Filed 5–3–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS-R8-ES-2010-0031] 

[MO 92210-0-0008-B2] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition to List Hermes Copper 

Butterfly as Threatened or Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of petition finding and 

initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

90–day finding on a petition to list 

Hermes copper butterfly (Hermelycaena 

[Lycaena] hermes) as a threatened or 

endangered species under the 

Endangered Species Act of 1973, as 

amended (Act) and to designate critical 

habitat. We find the petition presents 

substantial scientific or commercial 

information indicating that listing the 

Hermes copper butterfly may be 

warranted. Therefore, with the 

publication of this notice, we are 

initiating a status review to determine if 

the petitioned action is warranted. To 

ensure that the status review is 

comprehensive, we are soliciting 

scientific and commercial data and 

other information regarding this species. 

Based on the status review, we will 

issue a 12–month finding on the 

petition, which will address whether 

the petitioned action is warranted, as 

provided in section 4(b)(3)(B) of the Act. 

DATES: To allow us adequate time to 

conduct this review, we request that we 

receive information on or before July 6, 

2010. Please note that if you are using 

the Federal eRulemaking Portal (see 

ADDRESSES section, below), the deadline 

for submitting an electronic comment is 

11:59 p.m. Eastern Time on this date. 

After July 6, 2010, you must submit 

information directly to the Field Office 

(see FOR FURTHER INFORMATION CONTACT

section below). Please note that we 

might not be able to address or 

incorporate information that we receive 

after the above requested date. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for docket 

FWS-R8-ES-2010-0031 and then follow 

the instructions for submitting 

comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS-R8- 

ES-2010-0031; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

We will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Request for Information section below 

for more details). 

FOR FURTHER INFORMATION CONTACT: Jim 

Bartel, Field Supervisor, Carlsbad Fish 

and Wildlife Office, Carlsbad Fish and 

Wildlife Office, U.S. Fish and Wildlife 

Service, 6010 Hidden Valley Road, Suite 

101, Carlsbad, CA 92011, by telephone 

at 760–431–9440, or by facsimile to 

760–431–9624. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Request for Information 

When we make a finding that a 

petition presents substantial 

information indicating that listing a 

species may be warranted, we are 

required to promptly review the status 

of the species (status review). For the 

status review to be complete and based 

on the best available scientific and 

commercial information, we request 

information on the Hermes copper 

butterfly from governmental agencies, 

Native American Tribes, the scientific 

community, industry, and any other 

interested parties. We seek information 

on: 

(1) The species’ biology, range, and 

population trends, including: 

(a) Habitat requirements for feeding, 

breeding, and sheltering; 

(b) Genetics and taxonomy; 

(c) Historical and current range, 

including distribution patterns; 

(d) Historical and current population 

levels, and current and projected trends; 

and 

(e) Past and ongoing conservation 

measures for the species and its habitat 

in the United States and Mexico. 

(2) The factors that are the basis for 

making a listing determination for a 

species under section 4(a) of the 

Endangered Species Act of 1973, as 

amended (Act) (16 U.S.C. 1531 et seq.), 

which are: 

(a) The present or threatened 

destruction, modification, or 

curtailment of its habitat or range; 

(b) Overutilization for commercial, 

recreational, scientific, or educational 

purposes; 

(c) Disease or predation; 

(d) The inadequacy of existing 

regulatory mechanisms; or 

(e) Other natural or manmade factors 

affecting its continued existence. 

(3) Information on management 

programs for the conservation of Hermes 

copper butterfly. 

(4) The potential effects of climate 

change on this species and its habitat, 

what regional climate change models 

are available, and whether they are 

reliable and credible to use as stepdown models for assessing the effects of 

climate change on this species and its 

habitat. 

(5) Additional information on the 

following locations in San Diego 

County, California, United States of 

America (U.S.A.) where the status of the 

species or level of the threat (such as 

fire), is unknown (petitioner location 

names used for the first time are in 

quotation marks if we added a location 

description): 

- approximately 3 miles (mi) (5 

kilometers (km)) south of the City of El 

Cajon (‘‘El Cajon (3 miles South)’’); 

- the neighborhood of Flinn Springs in 

the City of El Cajon (‘‘Flinn Springs (El 

Cajon)’’); 

- Fairmont Canyon in the City of San 

Diego (‘‘Fairmont Canyon’’); 

- the community of Kearny Mesa 

(‘‘Kearny Mesa’’); 

- City of San Diego urban core area; 

- the Crosby property in the City of 

Rancho Santa Fe (‘‘The Crosby’’); 

- City of Spring Valley (‘‘Spring 

Valley’’); 

- community of Harmony Grove in the 

City of Escondido (‘‘Harmony Grove’’); 

- Steel Canyon near the community of 

Jamul (‘‘Steel Canyon’’); 

- Mission Valley in the City of San 

Diego (‘‘Mission Valley’’); 

- City of Poway near the intersection 

of Poway Road and State Route 395 

(‘‘Poway Road/Highway 395’’); 

- community of Dulzura (‘‘Dulzura’’); 

-- Deerhorn Valley near the 

community of Jamul (‘‘Deerhorn 

Valley’’); 

- area near Mt. Miguel; the community 

of Pine Valley (‘‘Pine Valley’’); 

- Big Rock Road in the city of Santee 

(‘‘Santee’s Big Rock Road;’’); 

- community of Alpine (‘‘Alpine’’); 

- community of Miramar (‘‘Miramar’’); 

- Sycamore Canyon and Gooden 

Ranch in the City of Santee (‘‘Sycamore 

Canyon and Gooden Ranch’’); 

- Otay Mountain foothills (‘‘OtayFoothill area’’); 


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- 1 mi (1.6 km) west of Lake Hodges 

(‘‘Lake Hodges (1 mile West)’’); 

- Boulder Creek Road near the 

community of Descanso (‘‘Boulder Creek 

Road’’); 

- Harbison Canyon near the 

community of Crest (‘‘Harbison 

Canyon’’); 

- Little Cedar Creek near Otay 

Mountain (‘‘Little Cedar Creek’’); 

- San Marcos Creek in the City of San 

Marcos (‘‘San Marcos Creek’’); 

- Spring Canyon near the City of 

Santee (‘‘Spring Canyon’’); and 

- Sycuan Peak in the community of 

Jamul (‘‘Sycuan Peak’’). 

We would also like information for 

the following locations in Baja 

California, Mexico: 

- 12 mi (19 km) north of the city of 

Ensenada (‘‘Ensenada (12 mi north)’’); 

- 18 mi (29 km) south of Santo Tomas 

Valley (‘‘Santo Tomas (18 mi south)’’); 

- the community of Bajamar 

(‘‘Bajamar’’); and the community of 

Salsipuedes (‘‘Salsi Puedes’’).. 

(6) Information on U.S. Forest Service 

Land and Resource Management Plan 

revisions and the status of the species 

on U.S. Forest Service lands. 

Please include sufficient information 

with your submission (such as full 

references) to allow us to verify any 

scientific or commercial information 

you include. 

If, after the status review, we 

determine that listing Hermes copper 

butterfly is warranted, we intend to 

propose critical habitat (see definition 

in section 3(5)(A) of the Act), as per 

section 4 of the Act, to the maximum 

extent prudent and determinable at the 

time we propose to list the species. 

Therefore, within the geographical range 

currently occupied by Hermes copper 

butterfly, we request data and 

information on: 

(1) What may constitute ‘‘physical or 

biological features essential to the 

conservation of the species,’’ 

(2) Where these features are currently 

found, and 

(3) Whether any of these features may 

require special management 

considerations or protection. 

In addition, we request data and 

information on ‘‘specific areas outside 

the geographical area occupied by the 

species’’ that are ‘‘essential to the 

conservation of the species.’’ Please 

provide specific comments and 

information as to what, if any, critical 

habitat you think we should propose for 

designation if the species is proposed 

for listing, and why such habitat meets 

the requirements of section 4 of the Act. 

Submissions merely stating support 

for or opposition to the action under 

consideration without providing 

supporting information, although noted, 

will not be considered in making a 

determination. Section 4(b)(1)(A) of the 

Act directs that determinations as to 

whether any species is an endangered or 

threatened species must be made ‘‘solely 

on the basis of the best scientific and 

commercial data available.’’ 

You may submit your information 

concerning this status review by one of 

the methods listed in the ADDRESSES

section. If you submit information via 

http://www.regulations.gov, your entire 

submission—including any personal 

identifying information—will be posted 

on the website. If you submit a 

hardcopy that includes personal 

identifying information, you may 

request at the top of your document that 

we withhold this personal identifying 

information from public review. 

However, we cannot guarantee that we 

will be able to do so. We will post all 

hardcopy submissions on http:// 

www.regulations.gov. 

Information and supporting 

documentation that we received and 

used in preparing this finding, will be 

available for you to review at http:// 

www.regulations.gov, or you may make 

an appointment during normal business 

hours at the U.S. Fish and Wildlife 

Service, Carlsbad Fish and Wildlife 

Office (see FOR FURTHER INFORMATION

CONTACT). 

Background 

Section 4(b)(3)(A) of the Act requires 

that we make a finding on whether a 

petition to list, delist, or reclassify a 

species presents substantial scientific or 

commercial information indicating that 

the petitioned action may be warranted. 

We are to base this finding on 

information provided in the petition, 

supporting information submitted with 

the petition, and information otherwise 

available in our files. To the maximum 

extent practicable, we are to make this 

finding within 90 days of our receipt of 

the petition and publish our notice of 

the finding promptly in the Federal 

Register. 

Our standard for substantial scientific 

or commercial information within the 

Code of Federal Regulations (CFR) with 

regard to a 90–day petition finding is 

‘‘that amount of information that would 

lead a reasonable person to believe that 

the measure proposed in the petition 

may be warranted’’ (50 CFR 424.14(b)). 

If we find that substantial scientific or 

commercial information was presented, 

we are required to promptly review the 

status of the species, which is 

subsequently summarized in our 12– 

month finding. 

New species information received 

since the our previous 90–day finding 

(71 FR 44966, August 8, 2006) is limited 

to Marschalek and Deutschman’s (2008) 

study of the effect of habitat edges on 

Hermes copper butterfly, new species 

observation locations, and fire data (see 

Species Information sections below). We 

received additional information from 

the petitioners in an email on March 5, 

2010 (Evans 2010). We reviewed and 

evaluated the information they 

submitted, and did not find that it 

provided any new data relative to the 

status of the species or threats to it or 

its habitat. The petitioners submitted 

one piece of anecdotal species 

information that we did not already 

have in our files, a personal 

communication (cited ‘‘D. Faulkner, V. 

Marquez-Waller pers. comm. on 4/16/ 

08’’) that a ‘‘Ladybird beetle’’ is a 

potential Hermes copper butterfly 

predator (Evans 2010 attachment, p. 8). 

For biological and other scientific 

information on Hermes copper butterfly, 

please refer to our previous 90–day 

finding published in the Federal 

Register on August 8, 2006 (71 FR 

44966). 

Previous Federal Actions 

On August 8, 2006, we published 90– 

day findings for both Hermes copper 

butterfly and Thorne’s hairstreak 

butterfly in the Federal Register. The 

findings concluded that the petitions 

and information in our files did not 

present substantial scientific or 

commercial information indicating that 

listing Hermes copper (71 FR 44966) or 

Thorne’s hairstreak butterflies (71 FR 

44980) was warranted. (For a detailed 

history of Federal actions involving 

Hermes copper butterfly prior to the 

2006 90–day finding, please see the 

August 8, 2006, Federal Register Notice 

(71 FR 44966)). On March 17, 2009, CBD 

and David Hogan filed a complaint for 

declaratory and injunctive relief 

challenging the Service’s decision not to 

list Hermes copper butterfly and 

Thorne’s hairstreak butterfly as 

threatened or endangered under the Act. 

In a settlement agreement dated October 

23, 2009 (Case No. 09-0533 S.D. Cal.), 

the Service agreed to submit new 90– 

day petition findings to the Federal 

Register by April 2, 2010, for Thorne’s 

hairstreak butterfly, and by May 13, 

2010, for Hermes copper butterfly. As a 

part of the settlement agreement, we 

agreed to evaluate the October 25, 2004, 

petition filed by David Hogan and CBD, 

supporting information submitted with 

the petition, and information available 

in the Service’s files, including 

information that has become available 

since the publication of the negative 90– 

day findings on August 8, 2006. If the 

90–day findings determine that listing 


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may be warranted, we agreed to submit 

a 12–month finding to the Federal 

Register by March 4, 2011, for Thorne’s 

hairstreak butterfly, and by April 15, 

2011, for Hermes copper butterfly. We 

published a 90–day finding in the 

Federal Register on April 5, 2010 (75 FR 

17062) concluding that listing Thorne’s 

hairstreak butterfly may be warranted. 

This notice constitutes our 90–day 

finding on the petition to list Hermes 

copper butterfly under section 4(b)(1)(A) 

of the Act. 

Species Information 

Hermes copper butterfly is endemic to 

the southern California region, primarily 

occurring in San Diego County, 

California, and a few records of the 

species have been documented in Baja 

California, Mexico (Faulkner and Klein 

2005, p. 23). The species inhabits 

coastal sage scrub and southern mixed 

chaparral (Marschalek and Deutschman 

2008, p. 98) and is dependent on its 

larval host plant, Rhamnus crocea 

(spiny redberry), to complete its 

lifecycle. Adult Hermes copper 

butterflies lay single eggs on R. crocea 

stems where they hatch and feed until 

pupation occurs at the base of the plant. 

Hermes copper butterflies have one 

flight period (termed univoltine) 

occurring in mid-May to early-July, 

depending on weather conditions and 

elevation (Faulkner and Klein 2005, pp. 

23–24). 

Adult Hermes copper butterflies have 

been known to nectar (feed) in coastal 

sage scrub and chaparral ecosystems on 

Adenostema fasciculatum (chamise), 

Eriogonum fasciculatum (California 

buckwheat), Helianthus gracilentus 

(slender sunflower), Toxicodendron 

diversilobum (poison oak), and 

Hirshfeldia incana (short-podded 

mustard) and are rarely seen far from 

their nectar source or host plant 

(Faulkner and Klein 2005, pp. 24–25; 

Marschalek and Deutschman 2008, p. 

102). Marschalek and Deutschman 

(2008) documented densities of Hermes 

copper butterflies on paired transects 

along edges and within the interior of 

host plant stands in rural areas. Their 

study results indicate Hermes copper 

butterfly densities are significantly 

higher near host plant stand edges than 

in the interior (Marschalek and 

Deutschman 2008, p. 102), suggesting 

that this single factor in natural areas 

may have a positive effect on species’ 

density. 

Historical data indicate Hermes 

copper butterflies ranged from 

Fallbrook, California, in northern San 

Diego County to 18 mi (29 km) south of 

Santo Tomas in Baja California, Mexico, 

and from Pine Valley in eastern San 

Diego County to Lopez Canyon in 

western San Diego County. Range-wide 

species surveys have not been 

completed; therefore, it is difficult to 

assess the extent of occupation 

throughout the historical range. 

Habitat 

According to Thorne (1963, pp. 143– 

144), Hermes copper butterflies are 

dependent on Rhamnus crocea (spiny 

redberry), a wide-ranging perennial 

coastal sage scrub and chaparralassociated species, as its larval host and 

for completion of its lifecycle. The range 

of R. crocea extends throughout coastal 

northern California, central western 

California, southwestern California, and 

into Baja California, Mexico, to an 

elevation of 3,280 feet (ft) (1000 meters 

(m)). The coastal sage scrub and 

chaparral ecosystems in San Diego 

County have been subject to multiple 

fires of various levels of severity (Keeley 

and Fotheringham 2003, pp. 242–243; 

Faulkner and Klein 2005, p. 25). 

Rhamnus crocea and other coastal sage 

scrub or chaparral-associated species are 

adapted to intermittent fire, but 

researchers postulate that increased fire 

frequency may result in altered 

vegetation structure or type conversion 

throughout the range (Keeley and 

Fotheringham 2003, pp. 243–244; 

Keeley 2004, pp. 2–3) and lead to a 

significant decline in Hermes copper 

butterfly habitat availability and 

suitability. Anecdotal evidence 

indicates Hermes copper butterflies 

require mature R. crocea to complete 

their lifecycle; therefore, increased fire 

frequency may reduce suitable host 

plant availability. However, no 

quantitative studies have occurred to 

test this hypothesis. 

For additional detailed species 

information on Hermes copper butterfly, 

please refer to our previous 90–day 

finding, which published in the Federal 

Register on August 8, 2006 (71 FR 

44966). 

Evaluation of Information for this 

Finding 

Section 4 of the Act (16 U.S.C. 1533), 

and its implementing regulations in the 

Code of Federal Regulations (CFR) at 50 

CFR 424, set forth the procedures for 

adding species to the Federal Lists of 

Endangered and Threatened Wildlife 

and Plants. A species may be 

determined to be an endangered or 

threatened species due to one or more 

of the five factors described in section 

4(a)(1) of the Act: (A) The present or 

threatened destruction, modification, or 

curtailment of its habitat or range; (B) 

overutilization for commercial, 

recreational, scientific, or educational 

purposes; (C) disease or predation; (D) 

the inadequacy of existing regulatory 

mechanisms; or (E) other natural or 

manmade factors affecting its continued 

existence. 

In making this 90–day finding, we 

evaluated whether information on 

threats to Hermes copper butterfly, as 

presented in the 2004 petition and other 

information available in our files, is 

substantial, thereby indicating that the 

petitioned action may be warranted. In 

the sections that follow, we summarize 

information included in the 2004 

petition and evaluate any new 

information in our files. For additional 

information regarding Hermes copper 

butterfly please refer to the previous 90– 

day finding published in the Federal 

Register on August 8, 2006 (71 FR 

44966). 

A. The Present or Threatened 

Destruction, Modification, or 

Curtailment of the Species’ Habitat or 

Range 

The petition, its appendices, and 

referenced documents discuss the 

following threats that are grouped under 

Factor A: development, wildfire, fire 

management techniques, and habitat 

fragmentation. 

The petition includes a table that lists 

Hermes copper butterfly populations 

and their presumed status at 56 

occurrences throughout San Diego 

County and into Mexico. The table 

identifies 22 occurrences that were 

presumed lost in the 2003 Otay, Cedar, 

and Paradise fires; 6 occurrences that 

were presumed lost to urban 

development; 8 occurrences that were 

known to be occupied and were 

mentioned in various environmental 

review documents; 2 occurrences with 

unknown locations and occupancy 

status; and 18 occurrences of unknown 

occupancy status (which include 4 in 

Baja California, Mexico). 

Development 

Information Provided in the Petition 

The petitioner stated that Hermes 

copper butterfly is vulnerable to 

extinction due to loss of populations 

and habitat loss as a result of urban 

development. The petitioner’s table lists 

6 locations that are presumed lost to 

development and 8 locations discovered 

as a result of surveys and environmental 

reviews for development projects. There 

are 14 Hermes copper butterfly locations 

in the petitioner’s table that do not 

include any indication of current 

occupancy status and an additional 2 

occurrences with unknown locations 

and status. 


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Evaluation of Information Provided in 

the Petition and Available in Service 

Files 

At one of the 6 locations presumed 

lost to development (‘‘Scripps Gateway’’ 

at the southwest corner of Interstate 15 

and Scripps Poway Parkway), the last 

Hermes copper butterfly observation 

was in 1996, and information in our 

files indicates that development has not 

impacted this area. Further investigation 

is needed to accurately determine the 

species’ status at this location. The 

remaining 5 locations identified by the 

petitioner as lost to development were 

observed 45 or more years ago. We do 

not have more recent data on these 

specific locations and further 

investigation is needed to determine 

their status. However, information in 

our files indicates that some of the 

historical occurrences referenced by the 

petitioner (Kearny Mesa, Mission 

Valley, San Diego State College, and 

‘‘Suncrest’’ in the community of Crest) 

have probably been impacted by urban 

development. 

Information in our files indicates that 

the status of Hermes copper butterfly at 

4 (the Crosby property in Rancho Santa 

Fe, Spring Valley, Harmony Grove, and 

Steel Canyon) of the 8 locations 

discovered as a result of surveys and 

environmental reviews for development 

projects is currently unknown, and the 

butterfly is currently extant at the other 

4 locations (Skyline Truck Trail, Lyons 

Valley, Lawson Valley, and Jamul 

Highlands Road in the community of 

Jamul). Further investigation is needed 

to determine the status of Hermes 

copper butterfly at the Crosby property 

in Rancho Santa Fe, Spring Valley, 

Harmony Grove, and Steel Canyon. 

Our files do not contain more recent 

data for the Mexico occurrences cited in 

the petition, or data on the 2 unknown 

locations listed in the petition that are 

of unknown status (Mission Valley and 

Poway Road/Highway 395). Further 

investigation is needed to accurately 

determine the status of Hermes copper 

butterfly at those locations. 

Of the locations in the petitioner’s 

table, information in our files indicates 

that the current status of 5 (Dulzura, 

Deerhorn Valley, Mt. Miguel, Pine 

Valley, and Santee’s Big Rock Road) of 

the 14 locations is unknown, and that 9 

of the occurrences (Lyons Peak, Black 

Mountain, the community of ‘‘Guatay,’’ 

McGinty Mountain, Poway, ‘‘Robert’s 

Ranch’’ near the intersection of State 

Route 79 and Interstate 8, San Diego 

National Wildlife Refuge, Sycuan Peak, 

and ‘‘Wright’s Field’’ in the community 

of Alpine) are extant. Further 

investigation of Hermes copper butterfly 

occupancy at the Dulzura, Deerhorn 

Valley, Mt. Miguel, Pine Valley, and 

Santee’s Big Rock Road locations is 

needed to determine the species’ status 

at these locations. 

Information in our files indicates the 

Service is currently evaluating habitat 

conservation plans (HCPs) for the San 

Diego County Water Authority, Joint 

Water Agencies, North San Diego 

County, East San Diego County, and the 

City of Santee where Hermes copper 

butterfly may be included as a ‘‘covered 

species’’ in order to avoid conflict with 

planned future development. These 

HCPs are seeking coverage for take of 

Hermes copper butterfly throughout 

their plan areas, but the plans are not 

yet finalized (see ‘‘D. The Inadequacy of 

Existing Regulatory Mechanisms’’ 

section below for further discussion of 

approved HCPs). Additionally, the 

population of San Diego County is 

predicted to grow 25.2 percent from 

2000 to 2020 (California Department of 

Finance 2007), suggesting that 

urbanization pressure will continue to 

pose an increasing threat to remaining 

populations within the range of Hermes 

copper butterfly. Development on U.S. 

Forest Service lands may also pose a 

threat to Hermes copper butterflies. The 

species is considered an animal speciesat-risk by the U.S. Forest Service; 

defined specifically, as an uncommon, 

narrow endemic, disjunct, or peripheral 

in the Cleveland National Forest (CNF) 

Land Resource Management Plan 

(LRMP)) area, with substantial threats to 

species persistence or distribution from 

Forest Service activities (USFS 2005a, p. 

119). Information in our files indicates 

that one specific project is currently in 

the permitting and implementation 

phase (Sunrise Powerlink) and there are 

existing energy projects within the CNF 

(Winter 2010, pers. comm.) that may 

pose a threat to Hermes copper butterfly 

habitat. These projects may impact 

Hermes copper butterfly through direct 

loss or fragmentation of available 

habitat. Although no roads or facility 

development has been planned for the 

CNF within Hermes copper butterfly 

habitat that we are aware of at this time, 

future development or the maintenance 

of existing facilities may potentially be 

a threat to Hermes copper butterfly 

through fragmentation of habitat. 

Information in our files indicates that 

the existing electrical energy lines that 

pass through the CNF may pose a 

potential threat of wildfire through 

accidental ignition (see ‘‘Wildfire’’ 

section below). 

In summary, we have evaluated 

information in our files and the petition 

and find there has been some loss of 

Hermes copper butterfly habitat due to 

development, and we conclude there is 

substantial information indicating 

Hermes copper butterfly listing may be 

warranted due to the threat of urban 

development. 

Wildfire 

Information Provided in the Petition 

The petitioner claims that Hermes 

copper butterfly is highly vulnerable to 

extinction due to the threat of fire. The 

petitioner claims that excessive humaninduced fires threaten the species’ 

survival, even on lands protected from 

development. The petitioner lists 22 

locations that are presumed lost to fire 

(see analysis below for location 

descriptions). 

Evaluation of Information Provided in 

the Petition and Available in Service 

Files 

Information in our files indicates that 

wildfire regimes throughout southern 

California have been changing for some 

time, and much of this change is 

attributed to human demography and 

population density. Specifically, fire 

frequency and season have increased 

throughout chaparral and coastal sage 

scrub ecosystems (Keeley and 

Fotheringham 2003, pp. 239–242). 

Information in our files indicates that 

the 2003 Otay, Cedar, and Paradise fires 

and the 2007 Harris, Poomacha, and 

Witch fires did impact some of the areas 

with documented Hermes copper 

butterfly occurrences (Alpine, 

Crestridge Ecological Reserve, the 

community of Descanso, Spring Valley, 

Miramar, Mission Trails Regional Park, 

Santee, Sycamore Canyon, Otay-Foothill 

area, and Rancho Jamul Ecological 

Reserve). However, the extent to which 

the habitat (chaparral and coastal sage 

scrub and, more specifically, the host 

plant Rhamnus crocea) was impacted is 

unknown and requires further 

investigation to accurately assess the 

impact to Hermes copper butterfly. Of 

the 22 locations identified in the 

petition as presumed lost to fire, 12 of 

these locations cited observation data 

dating back 20 or more years. We do not 

have more recent data on Hermes 

copper butterfly at those locations, and 

their current status is unknown. Of the 

remaining 10 locations, we have data in 

our files indicating that Hermes copper 

butterfly is extant at 5 locations: 

Mission Trails Regional Park, Crestridge 

Ecological Reserve, Descanso, Rancho 

Jamul, and Santee (Fanita Ranch). The 

remaining 5 locations noted in the 

petitioner’s table that potentially harbor 

Hermes copper butterfly would require 

further investigation to determine the 

species’ status. 


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Information in our files indicates that 

occurrences at 5 of the 22 locations 

identified in the petition as lost to 

wildfire are currently extant. Further 

investigation is needed to determine the 

status of the species at the remaining 17 

locations; however, with the expected 

increased frequency of fires, the species 

may not be able to recolonize habitat 

patches where they have been 

extirpated by fire. Additionally, 

information in our files indicates that 

approximately 80 percent of the Hermes 

copper butterfly habitat (Rhamnus 

crocea and other coastal sage scrub or 

associated-chaparral species) on CNF 

lands burned in the 2003 and 2007 fires 

and only few of the historical locations 

on CNF are currently persisting (Winter 

2010, pers. comm.) 

After reviewing the petition and 

information in our files, we find 

substantial information exists indicating 

that listing Hermes copper butterfly may 

be warranted due to the threat to 

Hermes copper butterfly habitat as the 

result of increased fire frequency or 

excessive wildfire relative to historic 

conditions. 

Fire Management Techniques 

Information Provided in the Petition 

The petitioner claims that prescribed 

burns used as fire management 

techniques are likely to impact the 

Hermes copper butterfly in a number of 

locations throughout the County of San 

Diego, including the Cleveland National 

Forest (CNF). The petitioner asserts that 

the County has relied on excessive 

brush clearing around homes and 

communities for fire protection and that 

the CNF has aggressively pursued 

prescribed burning as a vegetation 

management tool. The petitioner claims 

that prescribed burns are likely to 

reduce the survival of Hermes copper 

butterflies. 

Evaluation of Information Provided in 

the Petition and Available in Service 

Files 

The County of San Diego’s Zoning 

and Ordinance regulations and 

recommendations indicate that lands 

within the County of San Diego are 

required to have a defensible space 

around homes and structures, which 

may impact Hermes copper butterfly 

habitat; however, emphasis is placed on 

replacing flammable roofing material 

with fire-resistant shingles, planting 

fire-resistant landscape vegetation, 

using fire-resistant native plant species, 

avoiding invasive nonnative species in 

landscaping, and implementing other 

effective conservation-oriented fire 

management techniques (County of San 

Diego 2006, p. 2; The Fire Safe Council 

of San Diego County 2009, p. 1). 

Information available to us at this time 

does not support the petitioner’s claim 

that the County of San Diego is rejecting 

conservation-oriented rural planning or 

emphasizing prescribed burns. 

Although prescribed burning is 

conducted in potential Hermes copper 

butterfly habitat on Marine Corps Air 

Station Miramar, neither the petition 

nor information in our files indicates 

that prescribed burning is being 

conducted in occupied Hermes copper 

butterfly habitat. 

According to the U.S. Forest Service’s 

2005 final environmental impact 

statement for land management plans in 

the Angeles, Cleveland, Los Padres and 

San Bernardino National Forests, 

Hermes copper butterfly is an animal 

species-at-risk due to prescribed burns 

or fuel reduction projects in the CNF 

(USFS 2005(a), p. 175). The CNF’s 

conservation strategy for the next 3 to 5 

years states their intention to monitor 

Hermes copper butterfly in burned areas 

and to prevent and suppress fires 

throughout the habitat of Hermes copper 

butterflies (USFS 2005(b), pp. 88-89). To 

further fire prevention efforts, the CNF 

is creating fuel breaks adjacent to homes 

and other developed areas to prevent 

spread of wildfire from developed areas 

onto CNF lands. Information in our files 

also indicates that CNF is not 

conducting large scale prescribed burns, 

but is actively engaged in fuel reduction 

throughout the forest (Winter 2010, 

pers. comm.). 

After reviewing information in our 

files and in the petition, we do not find 

substantial information to indicate that 

listing of Hermes copper butterfly may 

be warranted due to the use of 

prescribed fire as a fire management 

technique either in the County of San 

Diego or on the CNF. However, we will 

further investigate the potential threat of 

prescribed fires in our status review for 

this species. 

Habitat Fragmentation 

Information Provided in the Petition 

The petitioner claims habitat 

(chaparral and coastal sage scrub) for 

Hermes copper butterfly is being 

fragmented through various 

mechanisms (i.e., urban development, 

fire, type-conversion, and roads) and 

that this threatens the species’ survival. 

The petitioner’s claims include the 

following: 

(1) Habitat fragmentation is reducing 

the overall area of habitat available for 

the Hermes copper butterfly; 

(2) Host plant, Rhamnus crocea, 

population distributions have been 

fragmented throughout the range of 

Hermes copper butterfly by urban 

development, fire, vegetation typeconversion, road construction, and other 

factors; and 

(3) Fragmentation leads to expansion 

of edge habitat that stresses Hermes 

copper butterfly populations. 

Evaluation of Information Provided in 

the Petition and Available in Service 

Files 

Habitat fragmentation increases the 

ratio of edge to interior habitat area, 

creating a boundary around existing 

suitable habitat where the surrounding 

area is unsuitable for the particular 

organism. This process isolates the 

habitat patch from other surrounding 

suitable habitat patches and, depending 

on the movement dynamics of a 

particular organism, this habitat 

separation (or fragmentation) and 

isolation may result in increased 

extirpation risk (Bell et al. 1991, pp. 1– 

438). 

Information in our files and in the 

petition indicates that habitat for 

Hermes copper butterfly has been 

fragmented by wildfire and urban 

development. Comparison of Hermes 

copper butterfly and host plant 

distribution data with satellite imagery 

indicates wildfire causes short-term 

fragmentation of habitat, and much 

historical habitat has been fragmented 

by development. Additionally, the 

extent of habitat fragmentation on USFS 

lands has not been quantified, but 

information available at this time 

indicates that there has been significant 

loss and possible patchy distribution of 

the habitat that is remaining (Winter 

2010, pers. comm.). Specific impacts of 

habitat fragmentation on Hermes copper 

butterfly have not been documented and 

require further investigation. The 

smaller and more isolated butterfly 

populations are, the less likely its 

habitat patches will be recolonized 

following extirpation due to wildfire or 

another catastrophic event. Given that 

some locations that historically 

harbored Hermes copper butterflies 

have been impacted and the existence of 

a possibility of habitat fragmentation, 

further investigation is necessary to 

determine the implications of these 

findings to Hermes copper butterfly’s 

persistence. 

In summary, we evaluated the 

petition and information in our files and 

find substantial information has been 

presented in the petition or is available 

in our files to indicate listing Hermes 

copper butterfly may be warranted due 

to the present or threatened destruction, 

modification, or curtailment of the 

species’ habitat or range. In particular, 


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we find that fires that have occurred in 

the north and south of the species’ range 

and development (including urban 

development and activities on CNF 

lands) through the center of its 

distribution may have impacted the 

habitat (host plant and nectar sources) 

through loss or fragmentation and, in 

turn, may threaten the species’ 

existence. 

B. Overutilization for Commercial, 

Recreational, Scientific, or Educational 

Purposes 

Information Provided in the Petition 

The petitioner claims at least one 

commercial operation may impact 

Hermes copper butterfly. According to 

the petition, a company called 

‘‘Morningstar Flower and Vibrational 

Essences’’ markets a Hermes copper 

‘‘butterfly essence’’ through their 

website. The petitioner states it is 

unclear how these essences are 

manufactured or obtained; however, the 

petition states that flower essences are 

produced by soaking the material in 

water, alcohol, or vinegar. Additionally, 

the petition states that over-collection 

may impact the Hermes copper 

butterfly. The petitioner claims that a 

female Hermes copper butterfly was 

worth up to $20.00 in 1986. 

Evaluation of Information Provided in 

the Petition and Available in Service 

Files 

Neither the petition nor information 

available in our files indicates that 

commercial use threatens the existence 

of Hermes copper butterfly. Information 

in our files indicates that no Hermes 

copper butterflies, whole or physical 

parts, are used in the process of making 

these butterfly essences (Morning Star 

Essences, pers. comm., 2006). We are 

unaware of any other business that 

markets and sells ‘‘butterfly essences,’’ 

and we have no information to indicate 

this activity threatens Hermes copper 

butterfly. 

Additionally, there is no information 

in our files or the petition to indicate 

over-collection is a threat to Hermes 

copper butterfly. We have information 

in our files that on June 26, 2004, two 

different advertisements on the Internet 

offered specimens of Hermes copper 

butterfly for sale for approximately 

$152.00 (Martin, pers. comm., 2004). 

However, there is no evidence that trade 

or collection directly contributes, or is 

a substantial threat, to the species. 

After a review of information in our 

files and in the petition, we do not find 

substantial information to indicate that 

listing Hermes copper butterfly may be 

warranted due to overutilization for 

commercial, recreational, scientific, or 

educational purposes. However, we will 

further investigate the potential threat of 

overutilization for commercial, 

recreational, scientific, or education 

purposes in our status review for this 

species. 

C. Disease or Predation 

Disease 

There was no information provided in 

the petition nor do we have any 

information in our files to indicate that 

disease is a threat to the Hermes copper 

butterfly. 

Predation 

Information Provided in the Petition 

The petitioner states that species 

experts suspect predatory insects, and 

parasitic insects, spiders, and possibly 

birds, prey upon Hermes copper 

butterfly. Additionally, the petitioner 

asserts that the harmful effects of 

otherwise normal predation or 

parasitism might be exacerbated by 

population reduction from excessive 

fires. We received additional 

information from the petitioner in an 

email on March 5, 2010 (Evans 2010). 

The petitioner submitted one piece of 

anecdotal species information we did 

not already have in our files, a personal 

communication (cited ‘‘D. Faulkner, V. 

Marquez-Waller pers. comm. on 4/16/ 

08’’) that a ‘‘Ladybird beetle’’ is a 

potential Hermes copper butterfly 

predator (Evans 2010 attachment, p. 8). 

Evaluation of Information Provided in 

the Petition and Available in Service 

Files 

Faulkner and Klein (2005, p. 26) state 

that no documentation exists of 

parasitism or predation on Hermes 

copper butterfly, and we have no 

information in our files that suggests 

parasitism or predation is a threat to the 

species’ existence. The petitioner did 

not provide information to support the 

hypothesis that predation or parasitism 

may exacerbate population reduction as 

result of fire or any specific information 

that ‘‘Ladybird beetles’’ may be a 

significant predator, and we have no 

information in our files to support either 

of these claims. 

After a review of information in our 

files and in the petition, we do not find 

substantial information to indicate that 

listing Hermes copper butterfly may be 

warranted due to disease or predation. 

However, we will further investigate the 

potential threat of disease and predation 

in our status review for this species. 

D. The Inadequacy of Existing 

Regulatory Mechanisms 

The petition states very few regulatory 

mechanisms are in place that afford 

Hermes copper butterfly conservation; 

however, the petitioner states the 

following mechanisms may provide 

some conservation: 

(1) The California Environmental 

Quality Act (CEQA); 

(2) National Environmental Policy Act 

(NEPA) (42 U.S.C. 4321 et seq.); 

(3) U.S. Forest Service management; 

(4) San Diego Multiple Species 

Conservation Plan (MSCP); 

(5) Biological Mitigation Ordinance 

(BMO); 

(6) County of San Diego Resource 

Protection Ordinance (RPO); and 

(7) City and County of San Diego open 

space parks. 

The petitioner states that although the 

measures listed above exist, they have 

not proven effective in reducing what 

the petitioner believes are the primary 

threats to Hermes copper butterfly 

survival (urban development, wildfire, 

and habitat degradation). 

California Environmental Quality 

(CEQA) and National Environmental 

Policy Acts (NEPA) 

Information Provided in the Petition 

The petitioner claims the Service has 

previously provided extensive 

discussion of the inadequacy of CEQA 

to protect imperiled species, identifying 

several listings in the Federal Register 

(62 FR 2318, January 16, 1997; 62 FR 

4935, February 3, 1997; 61 FR 25829, 

May 23, 1996; 69 FR 47236, August 4, 

2004). The petitioner did not provide 

information regarding NEPA. 

Evaluation of Information Provided in 

the Petition and Available in Service 

Files 

CEQA and NEPA provide some 

protection for Hermes copper butterfly. 

CEQA (Public Resources Code, Sections 

21000-21178, and Title 14 CCR, Section 

753, and Sections 15000-15387) requires 

public agencies to disclose 

environmental impacts of a project on 

native species and natural communities 

during the land use planning process 

and to identify and impose mitigation 

measures to reduce project impacts to a 

less than significant level unless the 

agency makes a finding of overriding 

consideration. Through this process, 

CEQA ensures that proposed project 

effects on Hermes copper butterflies will 

be considered and, generally, reduced or 

mitigated. NEPA requires Federal 

agencies to disclose the significant 

impacts of a proposed action but does 

not require that such impacts be 


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reduced to a level of insignificance. 

These statutes provide some protection 

for Hermes copper butterfly and its 

habitat. 

U.S. Forest Service (USFS) Management 

Information Provided in the Petition 

The petitioner claims U.S. Forest 

Service regulations and management 

activities appear to provide few 

protections to Hermes copper butterfly. 

The petitioner states that, aside from 

monitoring survey results by others, 

there is no indication that the Cleveland 

National Forest (CNF) is engaged in the 

conservation of Hermes copper 

butterfly. Additionally, the petitioner 

states that Hermes copper butterfly is 

not recognized as a ‘‘sensitive species’’ 

by the U.S. Forest Service, which would 

provide monitoring efforts to track the 

species’ status and some protection from 

harmful projects. However, the 

petitioner states that even if the U.S. 

Forest Service recognized Hermes 

copper butterfly as a ‘‘sensitive species,’’ 

proactive conservation activities would 

not be implemented until the species 

receives protection from the Act. 

Evaluation of Information Provided in 

the Petition and Available in Service 

Files 

Information in our files does support 

the petitioner’s claim that inadequacy of 

U.S. Forest Service management may be 

a contributing factor impacting the 

survival of the Hermes copper butterfly. 

According to the 2005 LRMP currently 

in place for CNF, Hermes copper 

butterfly is considered an animal 

species-at-risk by U.S. Forest Service 

but is not currently recognized as a 

‘‘sensitive species’’ by the U.S. Forest 

Service. Because the butterfly is not 

currently identified as a ‘‘sensitive 

species,’’ preventative measures by the 

U.S. Forest Service to avoid impacts 

from development, excessive wildfire 

often as a result of development 

projects, and habitat fragmentation (see 

Factor A discussion) to Hermes copper 

butterflies or their habitat are not 

required. However, information in our 

files indicates that the U.S. Forest 

Service is taking some management 

actions to protect and conserve this 

species. The following management 

efforts are being implemented or are 

planned on U.S. Forest Service lands 

leading to the conservation and 

protection of Hermes copper butterfly: 

(1) All historical locations have been 

surveyed; 

(2) Re-vegetation of Eriogonum 

fasciculatum (California buckwheat), an 

important nectar source, is planned for 

the Barber Mountain area where most of 

this nectar source was burned in the 

2007 fire; and 

(3) The Sunrise Powerlink project was 

modified to protect remaining Hermes 

copper butterfly habitat on Barber 

Mountain (Winter 2009, pers. comm.). 

The ‘‘sensitive species’’ list is 

currently being updated by U.S. Forest 

Service and will likely include Hermes 

copper butterfly (Winter 2009, pers. 

comm.); however, this is a future action 

that is not certain. 

In summary, although U.S. Forest 

Service has undertaken or is planning 

some preventative measures to avoid 

impacts to Hermes copper butterfly and 

its habitat, the failure of the CNF to 

identify Hermes copper butterfly as a 

sensitive species under its LRMP 

suggests that current regulation may not 

be adequate to protect the species and 

its habitat from future development, 

related impacts, such as habitat loss, 

(fragmentation and excessive wildfire), 

and similar impacts resulting for the 

maintenance of existing facilities and 

roads on U.S. Forest Service lands. The 

conservation measures and preventative 

actions listed above that the U.S. Forest 

Service has implemented or is planning 

to implement on the CNF are not 

required and do not prohibit activities 

that may impact Hermes copper 

butterfly or its habitat. 

San Diego Multiple Species 

Conservation Plan (MSCP), the 

Biological Mitigation Ordinance, and 

the County of San Diego Resource 

Protection Ordinance 

Information Provided in the Petition 

The petitioner states that: 

(1) Hermes copper butterfly is not 

recognized as a ‘‘covered species’’ under 

the County of San Diego’s Subarea Plan 

under the MSCP (MSCP 1998); 

(2) The MSCP cannot provide the 

necessary management to benefit the 

species because no species-specific 

management is planned, described, or 

required; and 

(3) The MSCP can benefit Hermes 

copper butterfly only in the event of 

collaterally beneficial conservation 

activities for other species and habitats. 

The petitioner claims the informal 

treatment of Hermes copper butterfly by 

the MSCP provides few conservation 

benefits. The petitioner also states that 

the MSCP identifies only three sites 

where the butterfly occurs in the MetroLakeside-Jamul Segment of the County 

of San Diego Subarea Plan. The 

petitioner claims that conservation 

under the County of San Diego Subarea 

Plan is presumably provided under the 

Biological Mitigation Ordinance (BMO) 

that applies to more species than those 

covered under MSCP, and establishes 

mitigation ratios and conditions for 

impacted species within the County. 

However, the petitioner states that the 

BMO only protects those ‘‘non-covered’’ 

species if they are inside the County of 

San Diego Subarea Plan’s Biological 

Resources Core Areas, and even then, 

the County of San Diego Subarea Plan 

does not require avoidance of important 

Hermes copper butterfly populations, 

habitat, or dispersal corridors. 

Moreover, the BMO would not improve 

the species’ status. The petitioners also 

claim the County of San Diego Resource 

Protection Ordinance (RPO), which 

imposes controls on development of 

wetlands, floodplains, steep slopes, 

sensitive biological habitats, and 

historical sites outside the boundaries of 

the County of San Diego Subarea Plan, 

does not directly protect species or 

impose any species-specific 

management efforts. Rather, the RPO 

attempts to minimize the impacts of 

urban development on habitat. The 

petition states that the County of San 

Diego asserts these regulatory measures 

will still contribute to conservation of 

the Hermes copper butterfly; however, 

the petitioner noted that the County of 

San Diego Subarea Plan provides only 

inadvertent protection to the species, 

which the petitioner believes is 

insufficient. 

Evaluation of Information Provided in 

the Petition and Available in Service 

Files 

Information in our files indicates that 

Hermes copper butterfly is not a 

‘‘covered species’’ under the County of 

San Diego Subarea Plan (Service 1998, 

p. 2). Although not a ‘‘covered species’’ 

under the plan, the Hermes copper 

butterfly and its habitat receive some 

indirect protection through land use 

restrictions applicable to lands within 

the County of San Diego under the BMO 

(in effect since 2004) and the RPO. The 

BMO, which applies to areas in the 

county covered by the County’s 

approved MSCP Subarea Plan, 

implements preserve design criteria for 

urban development and provides for 

conservation of sensitive biological 

habitats, such as chaparral, coastal sage 

scrub, and woodland, by establishing 

mitigation ratios and project 

development conditions. Therefore, the 

BMO may provide some protection and 

mitigation for larval and adult habitat 

for the Hermes copper butterfly within 

the County of San Diego MSCP Subarea 

Plan to the extent that habitat occurs 

within sensitive biological habitats 

regulated by the BML. The RPO, which 

applies to the entire County of San 

Diego (and not solely outside the 


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boundaries of the MSCP as stated in the 

petition), provides protection and 

requires mitigation for impacts to 

Hermes copper butterfly habitat that is 

deemed sensitive habitat land or occurs 

on steep slopes. The County of San 

Diego Guidelines for Determining 

Significance and Report Format and 

Content Requirements for Biological 

Resources (County of San Diego 2009, p. 

7) includes guidance that habitat 

occupied by Hermes copper butterfly 

should be considered sensitive, thus 

triggering species-based mitigation and 

avoidance to the maximum extent 

possible under the RPO. Hermes copper 

butterfly is included on the County’s 

Group 1 Sensitive Animals List because 

it is considered a rare endemic species 

and is on the State of California’s 

special animal taxa list (County of San 

Diego 2009, p. 50; CDFG 2009). 

Therefore, the MSCP, BMO, and RPO 

provide variable protection to the 

Hermes copper butterfly habitat 

depending on the specific regulatory 

mechanism and habitat location. 

City of San Diego and County of San 

Diego Open Space Parks 

Information Provided in the Petition 

The petition states that remaining 

Hermes copper butterfly populations are 

not necessarily protected from edge 

effects, wildfire, or potential park 

development by the nature of their 

location on the following open space 

park lands managed by the City or 

County of San Diego: Mission Trails 

Regional Park, McGinty Mountain, and 

Black Mountain. The petitioner claims 

Hermes copper butterfly cannot directly 

benefit from these open spaces without 

formal protection. 

Evaluation of Information Provided in 

the Petition and Available in Service 

Files 

Information in our files does not 

support the petitioner’s claim that lack 

of specific management plans or areaspecific management directives for open 

space parks threatens the persistence of 

Hermes copper butterfly. Furthermore, 

McGinty Mountain is part of the San 

Diego National Wildlife Refuge and is 

not managed by the City or County of 

San Diego. Although there are no formal 

management plans in our files written 

by the City or County of San Diego for 

these specific parks, it appears Hermes 

copper butterfly is persisting at all three 

locations listed in the petition. 

Information in our files indicates that: 

(1) Hermes copper butterfly has been 

observed historically at Mission Trails 

Regional Park since the late 1950s 

through current surveys in 2009; 

(2) Observations at McGinty Mountain 

were first reported in the 1980s and the 

butterfly has been repeatedly observed 

since; and 

(3) The City of San Diego’s website on 

the Black Mountain Open Space Park 

states that all plants and animals found 

within the park are protected and must 

not be harmed or removed (City of San 

Diego 2009); Hermes copper butterflies 

were observed on Black Mountain in 

2004. 

There are few known occurrences of 

Hermes copper butterflies in City or 

County open space parks. Although 

there is no formal regulation or 

management specifically for Hermes 

copper butterflies on these lands, we are 

not aware of any evidence to suggest 

that the absence of such regulation and 

management poses a threat to the 

Hermes copper butterfly or its habitat. 

In summary, we have evaluated the 

petition and information in our files and 

find substantial information exists to 

indicate that listing the Hermes butterfly 

may be warranted because existing 

regulatory mechanisms may not 

adequately address the threats of habitat 

loss and fragmentation posed by 

development related impacts, including 

human-induced, excessive wildfire (see 

Factor A discussion). The regulatory 

mechanisms discussed above provide a 

patchwork of protection for Hermes 

copper butterfly and its habitat; 

however, the cumulative protection 

provided by these mechanisms may not 

adequately remove the threat of habitat 

loss and fragmentation resulting from 

development. We do not believe that the 

observed increase in frequency of 

natural wildfires recently observed in 

Hermes butterfly habitat is a threat 

amenable to reduction or elimination by 

regulatory mechanisms. However, we 

will further investigate the effectiveness 

of existing regulatory mechanisms to 

protect the Hermes copper butterfly and 

its habitat from wildfire and other 

potential threats in our status review of 

the species. 

E. Other Natural or Manmade Factors 

Affecting the Species’ Continued 

Existence 

The petition, its appendices, and 

referenced documents discuss the 

following threats that are grouped under 

Factor E: wildfire, vulnerability of small 

and isolated populations, and global 

climate change. 

Mortality Due to Wildfire 

Information Provided in the Petition 

The petitioner states that the Hermes 

copper butterfly cannot escape fire. The 

petitioner states that: (1) Pupae and 

larvae are likely killed when fire burns 

Rhamnus crocea and other nearby 

coastal sage scrub or chaparral 

vegetation; (2) adults are likely killed by 

fire due to their habit of remaining close 

to their host plant; and (3) adults are 

likely outpaced by an approaching fire. 

The petition claims excessive fires over 

the last several decades have reduced 

Hermes copper butterfly population 

numbers and disrupted metapopulation 

dynamics and stability. 

Evaluation of Information Provided in 

the Petition and Available in Service 

Files 

Fire causes direct mortality of Hermes 

copper butterflies, and is reported to 

have extirpated a population in habitat 

where they were not observed again 

until 18 years after the fire (Faulkner 

and Klein 2005, pp. 24–26). The 

persistence of Hermes copper butterfly 

after the 2003 fires was at first 

questioned because much of the fire 

footprint appeared to cover known 

locations occupied by the species 

(Betzler et al. 2003, p. 12). However, 

information in our files indicates 

Hermes copper butterfly persisted in 

reduced numbers at sites within the 

2003 and 2007 fire footprints (such as 

Mission Trails Regional Park, Wildwood 

Glen Lane in CNF, Barber Mountain, 

and Potrero Road). Given the described 

negative impacts of fire on Hermes 

copper butterfly populations (Faulkner 

and Klein 2005, pp. 24–26), it is likely 

the species’ existence is threatened by 

wildfires. Additional surveys and 

monitoring are needed to determine the 

survival and recolonization rate 

following fire to address the petitioner’s 

claim of a direct mortality extinction 

threat due to high fire frequency. After 

reviewing the petition and information 

in our files, we find substantial 

information exists indicating that listing 

the Hermes copper butterfly may be 

warranted due to the threat of mortality 

from wildfire. 

Vulnerability of Small and Isolated 

Populations 

Information Provided in the Petition 

The petitioner asserts that endemic 

taxa such as Hermes copper butterfly are 

considered more prone to extinction 

than widespread species due to their 

restricted geographical range and that 

population isolation is exacerbated by 

habitat fragmentation (see Factor A 

above for discussion of habitat 

fragmentation). According to the 

petition, the common factors that 

increase the vulnerability of small and 

isolated populations to extinction are 

demographic fluctuations, 


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environmental stochasticity (random 

events), and reduced genetic diversity. 

Evaluation of Information Provided in 

the Petition and Available in Service 

Files 

Small population size, a low number 

of populations, or population isolation 

are not necessarily factors that may 

threaten a species independently. 

Typically, it is the combination of small 

size and number and isolation of 

populations in conjunction with other 

threats (such as the present or 

threatened destruction, modification, or 

curtailment of the species’ habitat or 

range) that may significantly increase 

the probability of species’ extinction. 

Information in our files indicates large 

annual fluctuations in observed 

abundance of adult butterflies are 

common throughout this butterfly’s 

range. Adult butterfly abundance may 

fluctuate approximately two orders of 

magnitude from one year to the next and 

may be correlated with rainfall levels 

(Klein and Faulkner 2003, p. 96); 

however, it is not clear how adult 

observations correlate with abundance 

of all life stages, including diapausing 

(quiescent) stages. Also, much 

uncertainty exists regarding the species’ 

distribution because the range of its host 

plant, Rhamnus crocea, extends well 

beyond the known range of the butterfly 

and surveys have not been conducted 

throughout the host plant’s range 

(especially inland San Diego County 

and northwestern Baja California, 

Mexico). 

Population isolation and 

fragmentation may render smaller 

populations more vulnerable to 

stochastic extirpation. Small 

populations and isolation could also 

subject the butterfly to genetic drift and 

restricted gene flow that may decrease 

genetic variability over time and could 

adversely affect species’ viability (Allee 

1931, pp. 12-37; Stephens et al. 1999, 

pp. 185-190; Dennis 2002, pp. 389-401). 

Information in our files indicates that 

reduced adult Hermes copper butterfly 

densities are present in burned areas 

(see Factor A discussion on Wildfire) 

and new occurrences (such as at Potrero 

Road, north Lyons Valley, and west 

Japatul Valley) have been documented 

after the 2003 and 2007 fires. Sufficient 

distribution, population structure, 

genetic, or demographic information 

about the species to determine the effect 

of isolation and small population size is 

currently unavailable. However, 

information in our files indicates that 

the habitat area and range that the 

species inhabits have been reduced and 

fragmented and the status of some 

historical occurrences remains 

unknown after recent fires; therefore, 

stochastic extinction as a result of 

restricted geographical range or 

population isolation may pose a 

significant threat to the species. 

Global Climate Change 

Information Provided in the Petition 

The petitioner asserts that butterflies 

(in general) are threatened by global 

climate change and are specifically 

sensitive to small changes in 

microclimate, such as fluctuations in 

moisture, temperature, or sunlight. 

According to the petition, studies of 

Edith’s checkerspot butterfly 

(Euphydryas editha) have shown that 

whole ecosystems may move northward 

or shift in elevation as the Earth’s 

climate warms (Parmesan and Galbraith 

2004, p. 9). 

Evaluation of Information Provided in 

the Petition and Available in Service 

Files 

We recognize recent evaluations by 

Parmesan and Galbraith (2004, pp. 1–2, 

29–33) that indicate that whole 

ecosystems may be shifting northward 

and upward in elevation, or are 

otherwise being altered by differing 

climate tolerance among species within 

a community. Additionally, we 

recognize that climate change is likely 

to cause changes in the arrangement and 

community composition of occupied 

habitat patches. Current climate change 

predictions for terrestrial areas in the 

Northern Hemisphere indicate warmer 

air temperatures, more intense 

precipitation events, and increased 

summer continental drying (Field et al. 

1999, pp. 1–3; Hayhoe et al. 2004, p. 

12422; Cayan et al. 2005, p. 6; 

Intergovernmental Panel on Climate 

Change (IPCC) 2007, p. 11). However, 

predictions of climatic conditions for 

smaller subregions, such as California, 

remain less certain. Thus, the 

information currently available in our 

files on the effects of global climate 

change, such as increasing temperatures 

or moisture, require further analysis and 

comparison with local climate models 

and other literature to make sufficiently 

certain estimates of the likely magnitude 

of predicted effects on Hermes copper 

butterfly. Given the current uncertainty, 

we find that information in our files 

does not provide substantial 

information suggesting that global 

climate change may be a factor that 

threatens Hermes copper butterfly. We 

will further investigate this potential 

threat to Hermes copper butterfly in our 

status review of the species. 

In summary, we find the petition and 

information in our files provide 

substantial information indicating that 

listing Hermes copper butterfly may be 

warranted due to other natural or 

manmade factors affecting the species’ 

continued existence. Specifically, we 

find that mortality due to wildfire and 

restricted geographical range or 

population isolation may pose 

significant threats to the species. 

Finding 

On the basis of our determination 

under section 4(b)(3)(A) of the Act, we 

determine that the petition presents 

substantial scientific or commercial 

information indicating that listing the 

Hermes copper butterfly may be 

warranted. This finding is based on 

information provided under Factor A 

(present or threatened destruction, 

modification, or curtailment of the 

species’ habitat or range), Factor D (the 

inadequacy of existing regulatory 

mechanisms), and Factor E (other 

natural or manmade factors affecting the 

species’ continued existence). Because 

we find that the petition presents 

substantial information indicating that 

listing the Hermes copper butterfly may 

be warranted, we are initiating a status 

review to determine whether listing the 

Hermes copper butterfly under the Act 

is warranted. 

The ‘‘substantial information’’ 

standard for a 90–day finding differs 

from the Act’s ‘‘best scientific and 

commercial data’’ standard that applies 

to a status review to determine whether 

a petitioned action is warranted. A 90– 

day finding does not constitute a status 

review under the Act. In a 12–month 

finding, we will determine whether a 

petitioned action is warranted after we 

have completed a thorough status 

review of the species, which is 

conducted following a substantial 90– 

day finding. Because the Act’s standards 

for 90–day and 12–month findings are 

different, as described above, a 

substantial 90–day finding does not 

mean that the 12–month finding will 

result in a warranted finding. 

The petitioner requested that critical 

habitat be designated for this species. If 

we determine in our 12–month finding 

that listing Hermes copper butterfly is 

warranted, we will address the 

designation of critical habitat at the time 

of the proposed rulemaking. The 

proposed rulemaking may be published 

concurrently with the 12–month finding 

or at a later date. 

References Cited 

A complete list of references cited is 

available on the Internet at http:// 

www.regulations.gov and upon request 

from the Carlsbad Fish and Wildlife 


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Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Proposed Rules 23663 

Office (see FOR FURTHER INFORMATION

CONTACT). 

Author 

The primary authors of this notice are 

staff members of the Carlsbad Fish and 

Wildlife Office (see FOR FURTHER

INFORMATION CONTACT). 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: April 19, 2010. 

Daniel M. Ashe, 

Acting Director, Fish and Wildlife Service. 

[FR Doc. 2010–10317 Filed 5–3–10; 8:45 am] 

BILLING CODE 4310–55–S 


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