COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Parks and Recreation

DATE:

January 28, 2008

BOARD MEETING DATE:

February 5, 2008

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

David Holland, Director of Parks and Recreation

SUBJECT:

Resolution Authorizing Application to the United States Fish and Wildlife Services (USFWS) to Amend Section 10(a) Permit PRT 2-9818 to Include the Callippe Silverspot Butterfly and Bay Checkerspot Butterfly as Listed Species

RECOMMENDATION:

Adopt a resolution authorizing the Director of Parks and Recreation to submit an application to the United States Fish and Wildlife Services (USFWS) to amend Section 10(a) Permit PRT 2-9818 to include the callippe silverspot butterfly and Bay checkerspot butterfly as listed species.

VISION ALIGNMENT:

Commitment: Preserve and provide people access to our natural environment.

Goal 14: Important natural resources are preserved and enhanced through environmental stewardship.

BACKGROUND:

In 1982, the County and the Cities of South San Francisco, Daly City, and Brisbane adopted the San Bruno Mountain Habitat Conservation Plan (HCP). The HCP, which allows for the limited "taking" of certain protected butterfly species as an incident of development in the San Bruno Mountain area, was required as a condition of obtaining an Endangered Species Act (ESA) Section 10(a) permit from the USFWS. In 1983, the USFWS issued Section 10(a) Permit PRT 2-9818, allowing the incidental taking of the mission blue and San Bruno elfin butterflies as an incident of development on San Bruno Mountain. At the time the HCP was being developed, the callippe silverspot butterfly and Bay checkerspot butterflies were candidate species for listing under the ESA. The HCP was developed with the assumption that the callippe silverspot would be listed, and protections equivalent to those accorded the listed species were included in the Plan. The callippe silverspot was not finally listed at that time, and therefore it was not included in the Section 10(a) permit. The HCP, however, retained all of the protections developed for the callippe silverspot, in effect treating it as if it were a listed species. Because evidence indicated that the Bay checkerspot was extirpated on San Bruno Mountain, no specific protections were developed for that species.

DISCUSSION:

In December 1997, the USFWS issued a Final Rule listing the callippe silverspot butterfly as an endangered species. The Final Rule itself recognizes that this species was, in fact, considered during the formulation of the San Bruno Mountain HCP. (Final Rule, p. 64317.) In response to comments on the proposed listing, the Service noted that it was “not aware of any documented evidence or data showing that the callippe silverspot butterfly is declining as a result of the San Bruno Mountain HCP.” (Final Rule, p. 64310.) The listing of the callippe silverspot has created an anomalous situation, however, in that, although this butterfly has been treated under the HCP as if it were a protected species since 1982, activities that might otherwise be allowed under the HCP would not be allowed if they would result in any take of the callippe silverspot. This has impacted the completion of the development of the Northeast Ridge project in Brisbane as contemplated in the original HCP. The proposed application is necessary to add the callippe silverspot butterfly and Bay checkerspot butterfly to the Section 10(a) Permit PRT 2-9818 to authorize incidental taking of the callippe and to allow the Northeast Ridge project to proceed to completion. This project is important to the HCP in that it will provide considerable additional funding for habitat conservation activities throughout the HCP area. The City of Brisbane, as the jurisdiction with land use approval authority with respect to the Northeast Ridge project, will join in the application.

FISCAL IMPACT:

The action will result in no direct fiscal impact to the County. Approval of the application will allow the City of Brisbane to consider approval of the remaining portion of the Northeast Ridge project, which if approved would result in substantial additional funding for the HCP Trust Fund.