[Federal Register Volume 61, Number 213 (Friday, November 1, 1996)]
[Proposed Rules]
[Pages 56501-56502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28058]


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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC32


Endangered and Threatened Wildlife and Plants, Notice of 
Reopening of Comment Period on Proposed Endangered Status for the 
Alameda Whipsnake, the Callippe Silverspot Butterfly, and the Behren's 
Silverspot Butterfly

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed Rule, notice of reopening of comment period.

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SUMMARY: The Fish and Wildlife Service (Service), pursuant to the 
Endangered Species Act of 1973, as amended (Act), provides notice of 
reopening of the comment period on proposed endangered status for 
Alameda whipsnake (Masticophis lateralis euryxanthus), the callippe 
silverspot butterfly (Speyeria callippe callippe), and Behren's 
silverspot butterfly (Speyeria zerene behrensii). The comment period 
has been reopened to acquire additional information from interested 
parties, and to resume the proposed listing actions.

DATES: The public comment period closes December 2, 1996.
    Any comments received by the closing date will be considered in the 
final decision on this proposal.

ADDRESSES: Written comments and materials concerning this proposal 
should be sent directly to the Field Supervisor, Sacramento Field 
Office, 3310 El Camino Ave., Suite 130, Sacramento, California 95821. 
Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the above 
address.

FOR FURTHER INFORMATION CONTACT: Diane Windham (see ADDRESSES section) 
at (916) 979-2725.

SUPPLEMENTARY INFORMATION:

Background

    On February 4, 1994, the Service published a rule proposing 
endangered status for the Alameda whipsnake, and the callippe 
silverspot and Behren's silverspot butterflies. The original comment 
period closed on April 5, 1994.
    The Alameda whipsnake occurs in northern coastal scrub, chaparral, 
and adjacent habitats in the inner coast ranges of western and central 
Contra Costa and Alameda counties. Five populations of the whipsnake 
are centered in the (1) Sobrante Ridge, Tilden/Wildcat Regional Parks 
area to the Briones Hills, in Contra Costa County; (2) Oakland Hills, 
Anthony Chabot area to Las Trampas Ridge, in Contra Costa County; (3) 
Hayward Hills, Palomares area to Pleasanton Ridge, in Alameda County; 
(4) Mount Diablo vicinity and the Black Hills, in Contra Costa County; 
and (5) Wauhag Ridge, Del Valle area to the Cedar Mountain Ridge, in 
Alameda County. Little or no genetic flow occurs between these 
population centers. The whipsnake occurs on State, county, and 
privately owned lands.
    The callippe silverspot butterfly (Speyeria calippe callippe) is 
found in native grassland and adjacent habitats, where it lays its eggs 
on the dry remains of the larval foodplant, Johnny- jump-up (Viola 
pedunculata), or on surrounding debris. Populations of the callippe 
silverspot butterfly occur only in the San Francisco Bay area, south of 
the Golden Gate and Carquinez Straits. The only two known remaining 
colonies occur on private, county, and State lands on San Bruno 
Mountain in San Mateo County, and a city park in Alameda County.
    The Behren's silverspot butterfly (Speyeria zerene behrensii) 
inhabits coastal terrace prairie habitat where it lays its eggs in the 
debris and dried stems of the larval foodplant, the western dog violet 
(Viola adunca). The single, extant population occurs on private land 
near Point Arena in Mendocino County.
    These animals, their habitats, and the foodplants of the larval 
butterflies may be threatened by one or more of the following: 
commercial and residential development, fire suppression, 
overcollecting, competition from alien plants, inappropriate grazing 
levels, off-road vehicle use, trampling by hikers and livestock, and 
random chance events by virtue of their small numbers, and small, 
fragmented population sizes.
    The Service was unable to make a final listing determination on 
these species because of a limited budget, other endangered species 
assignments driven by court orders, and higher listing priorities. In 
addition, a moratorium on listing actions (Public

[[Page 56502]]

Law 104-6), which took effect on April 10, 1995, stipulated that no 
funds could be used to make final listing or critical habitat 
determinations. Now that funding has been restored, the Service is 
proceeding with a final determination for these three animal species.
    Due to the length of time that has elapsed since the close of the 
initial comment period, changing procedural and biological 
circumstances and the need to review the best scientific information 
available during the decision-making process, the comment period is 
being reopened. The Service now believes that the effects of fire 
suppression, a factor not identified in the proposed rule as a threat 
to the Alameda whipsnake and its habitat, may be a significant factor 
in the determination of the final status for the whipsnake. For this 
reason, the Service particularly seeks information concerning:
    (1) the known or potential effects of fire suppression and general 
fire management practices on the Alameda whipsnake and its habitat.
    In addition, the Service seeks information that has become 
available in the last two years concerning:
    (2) other biological, commercial, or other relevant data on any 
threat (or lack thereof) to any of these species; and
    (3) the size, number, or distribution of populations of any of 
these species.
    Written comments may be submitted until December 2, 1996 to the 
Service office in the ADDRESSES section.

Author

    The primary author of this notice is Diane Windham (see ADDRESSES 
section).

Authority

    The authority for this action is the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.).

    Dated: October 25, 1996.
Thomas Dwyer,
Acting Regional Director, Region 1.
[FR Doc. 96-28058 Filed 10-31-96; 8:45 am]
BILLING CODE 4310-55-P