[Federal Register Volume 59, Number 144 (Thursday, July 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18439]


[Federal Register: July 28, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


Endangered and Threatened Wildlife and Plants; Notice of 90-day 
Finding on a Petition to List the Dakota Skipper as an Endangered or 
Threatened Species.

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 90-
day finding for a petition to add the Dakota skipper (Hesperia dacotae) 
to the List of Endangered and Threatened Wildlife and Plants. The 
Service finds that the petition presents substantial information 
indicating that listing the species as an endangered or threatened 
species may be warranted. The Service solicits further information 
regarding occurrence and distribution of the species and threats to its 
continued existence and will prepare a 12-month finding.

DATES: The finding announced in this notice was made on July 1, 1994. 
Comments and materials related to this petition finding may be 
submitted to the Division of Endangered Species at the address below 
and must be received by September 26, 1994 to be considered in the 12-
month finding.

ADDRESSES: Data, information, comments, or questions concerning the 
status of the petitioned species described below should be submitted to 
the Chief, Division of Endangered Species, U.S. Fish and Wildlife 
Service, Bishop Henry Whipple Building, 1 Federal Drive, Fort Snelling, 
Minnesota 55111. The complete file for this petition finding is 
available for public inspection, by appointment, during normal business 
hours, at the above address.

FOR FURTHER INFORMATION CONTACT: Robert Adair, Chief, Division of 
Endangered Species, at the above address (612/725-3276).

SUPPLEMENTARY INFORMATION: Section 4(b)(3)(A) of the Endangered Species 
Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.), requires that 
the Service 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. To 
the maximum extent practicable, this finding is to be made within 90 
days of the receipt of the petition, and the finding is to be published 
promptly in the Federal Register. If the Service finds that a petition 
presents substantial information indicating that the requested action 
may be warranted and the species is not in a current notice of review 
as a candidate for listing, the Service initiates a status review on 
that species. Section 4(b)(3)(B) of the Act requires the Service to 
make a finding as to whether or not the petitioned action is warranted 
within 12 months of receipt of a petition that presents substantial 
information.
    Brendan McManus of the Biodiversity Legal Foundation submitted to 
the Service a petition dated January 15, 1994, to list the Dakota 
skipper (Hesperia dacotae) as an endangered or threatened species 
pursuant to the Act. The petition was received January 21, 1994. The 
petitioner submitted biological, distributional, and other information 
in support of the petition.
    Hesperia dacotae is a Category 2 candidate species (56 FR 58804). 
In July 1978, the Service proposed listing the species as a threatened 
species under the Act (USFWS 1978); however, the proposal was 
withdrawn, due to the 1978 amendments to the Act. A category 2 taxon is 
one for which information in possession of the Service indicates that 
proposing to list as endangered or threatened is possibly appropriate, 
but for which conclusive data on biological vulnerability and threat 
are not currently available to support a proposed rule.
    The Dakota skipper is a small- to medium-sized hesperine skipper 
with a wingspan of 2.4 to 3.2 centimeters (cm) (0.9 to 1.3 inches (in)) 
and hooked antennae. The dorsal surface of the wings ranges from tawny-
orange to brown (female with tawny-orange to white spots), while the 
ventral surface of the wings ranges from yellow-orange to gray-brown. 
This species has a short, stout body, and a characteristic rapid, 
skipping flight (Royer and Marrone 1992, U.S. Fish and Wildlife Service 
(USFWS) 1993).
    Populations of the Dakota skipper are known to occur in Minnesota, 
North Dakota, South Dakota, and Manitoba, Canada. In addition, the 
species was formerly found in Illinois and Iowa. The species is 
currently known in 16 counties (30 population sites) in Minnesota, 16 
counties (28 population sites) in North Dakota, and 11 counties (18 
population sites) in South Dakota (Royer and Marrone 1992, U.S. Fish 
and Wildlife Service (USFWS) 1993).
    Further details regarding the biological status of the species are 
contained in the administrative finding. Interested persons may obtain 
a copy of the finding by contacting the office indicated in the 
ADDRESSES section of this notice.
    The petitioner contends that the Dakota skipper should be listed as 
an endangered or threatened species because of the following factors:
    1. Present and threatened destruction, modification, and 
curtailment of habitat due to loss of suitable grassland habitat;
    2. Inadequacy of existing regulatory mechanisms, since there is no 
protection for the species or its habitat nationally or within most of 
the States within the species' range; and
    3. Other natural or manmade factors affecting the species' 
continued existence, including the production of only one egg per adult 
female per year and the species' inability to adapt to a changing 
habitat.
    In 1993 (USFWS 1993), the Service concluded that the Dakota skipper 
may be threatened by the following factors:
    1. Conversion of native tall-grass prairie to other land uses.
    2. Management practices, including complete burns, pesticide use, 
grazing, detrimental haying, and wetland enhancement.
    3. Habitat alteration and degradation by naturalized alien species.
    4. The small number of isolated populations and individuals, which 
may result in a limited gene pool depressing reproductive vigor and 
cause the species to be vulnerable to any human-caused or natural 
environmental disturbance (USFWS 1993).
    Overgrazing, inappropriately timed fires and haying, alteration and 
conversion of prairie habitat to crop production, and invasion of 
native prairie by naturalized, alien plants are probably the greatest 
threats to the survival of H. dacotae, which requires undisturbed, 
virgin prairie habitat to survive.
    The Service has reviewed the petition, its supporting documents and 
data, as well as other available information, published and unpublished 
studies and reports, and agency files. All documents are on file in the 
office indicated in the ADDRESSES section of this notice.
    After reviewing the best scientific and commercial information 
available, the Service finds that the petitioner has presented 
substantial information which indicates that listing of the Dakota 
skipper as an endangered or threatened species may be warranted. 
However, the Service is in need of additional information to completely 
identify the status of the species in all areas of its historic range 
and to further identify activities that may be contributing to its 
decline.
    With this notice, the Service announces a positive 90-day finding 
on the petition that the following actions may be warranted for the 
Dakota skipper: Elevation to Category 1 status and subsequent listing 
as an endangered or threatened species. The Service solicits further 
information regarding occurrence and distribution of the species, 
threats to its continued existence, and any additional comments and 
suggestions from the public, other concerned government agencies, the 
scientific community, industry, and any other parties. The following 
issues are of particular interest to the Service:
    1. Additional historic and current population data which may assist 
in determining long term population trends;
    2. Management methods used on substantial tracts of native prairie 
that include actions such as burning, haying, insect and plant control, 
plowing, and grazing, but which do not adversely affect the Dakota 
skipper and its habitat; and
    3. Data pertaining to existing available prairie habitat which may 
be suitable Dakota skipper habitat and present and/or possible future 
disturbance to those areas.
    After consideration of additional information submitted during the 
indicated time period (See DATES section), the Service will prepare a 
12-month finding.
    The petitioner also requested that critical habitat be designated. 
If the 12-month finding determines that the petitioned action to list 
the Dakota skipper as an endangered or threatened species is warranted, 
then the designation of critical habitat would be addressed in the 
subsequent proposed rule.

References Cited

Royer, R.A., and G.M. Marrone. 1992. Conservation status of the 
Dakota skipper (Hesperia dacotae) in North and South Dakota. Report 
prepared for U.S. Fish and Wildlife Service, Denver, Colorado. 44pp.
U.S. Fish and Wildlife Service. 1993. Candidate status for two 
species of butterflies. Unpublished report submitted to U.S. Fish 
and Wildlife Service, Region 3.
U.S. Fish and Wildlife Service. 1978. Proposed endangered or 
threatened status or critical habitat for 10 butterflies or moths. 
Federal Register 43(128):28938-28945.

    Author: The primary author of this notice is Carlita Shumate 
(see ADDRESSES section), 612/725-3276.

    Authority: The authority for this action is the Endangered 
Species Act of 1973, as amended; 16 U.S.C. 1531-1544; unless 
otherwise noted.

    Dated: July 1, 1994.
Bruce Blanchard,
Deputy Director, U.S. Fish and Wildlife Service.
[FR Doc. 94-18439 Filed 7-27-94; 8:45 am]
BILLING CODE 4310-55-P