Outline of Quino Recovery Plan - The Xerces Society

are also the habitats that appear to have the greatest hostplant density and the
lowest degree of threat from development.
F. Current and Evolving Conservation Measures
Since the 1997 listing of the Quino checkerspot butterfly, several conservation
efforts have been undertaken by various Federal, State, and local agencies and
private organizations. The following briefly describe statutory protections and a
variety of on-the-ground conservation efforts.
Section 9 of the Endangered Species Act of 1973 (the Act), as amended,
prohibits any person subject to the jurisdiction of the United States from taking
(i.e., harassing, harming, pursuing, hunting, shooting, wounding, killing,
trapping, capturing, or collecting) listed wildlife species. It is also unlawful to
attempt such acts, solicit another to commit such acts, or cause such acts to be
committed. Regulations implementing the Endangered Species Act (50 CFR
17.3) define "harm" to include significant habitat modification or degradation
that results in the killing or injury of wildlife, and intentional or negligent
"harassment" as acts that significantly impair essential behavioral patterns (i.e.,
breeding, feeding).
Section l0(a)(1)(A) of the Endangered Species Act and related regulations
provide for permits that may be granted to authorize activities otherwise
prohibited under section 9, for scientific purposes or to enhance the propagation
or survival of a listed species. Section 10(a)(l)(B) of the Act allows permits to
be issued for take that is "incidental to, and not the purpose of, carrying out an
otherwise lawful activity" if we determine that certain conditions have been met
that will minimize the impacts to the listed species. Under this section, an
applicant must prepare a habitat conservation plan that specifies the impacts of
the proposed project and the steps the applicant will take to minimize and
mitigate the impacts. The Quino checkerspot is currently addressed in four
approved habitat conservation plans: the Orange County Central-Coastal
Natural Community Conservation Plan (described below), the Lake Mathews
Habitat Conservation and Impact Mitigation Program, the Assessment District
161 Subregional Habitat Conservation Plan, and the Rancho Bella Vista Habitat
39