[Federal Register Volume 59, Number 206 (Wednesday, October 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26527]


[[Page Unknown]]

[Federal Register: October 26, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

 

Endangered and Threatened Wildlife and Plants; 90-Day Finding for 
a Petition to List the Say's Spiketail Dragonfly as Endangered

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 list the Say's spiketail dragonfly 
(Cordulegaster sayi) under the Endangered Species Act (Act) of 1973, as 
amended. The Service finds that the petition presents substantial 
information indicating that listing this species may be warranted.

DATES: The finding announced in this document was made on October 17, 
1994. To be considered in the 12-month finding for this petition, 
information and comments should be submitted to the Service by December 
27, 1994.

ADDRESSES: Comments and information concerning this petition should be 
sent to U.S. Fish and Wildlife Service, 6620 Southpoint Drive South, 
Suite 310, Jacksonville, Florida 32216. The petition, finding, and 
supporting data are available for public inspection, by appointment, 
during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT:
Dr. Michael M. Bentzien, Acting Field Supervisor, at the above address; 
telephone (904) 232-2580.

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(A) of the Act, as amended, requires that the 
Service make a finding on whether a petition to list, delist or 
reclassify a species presents substantial scientific or commercial 
information to demonstrate that the petitioned action may be warranted. 
This finding is to be based on all information available to the Service 
at the time the finding is made. To the maximum extent practicable, the 
finding shall be made within 90 days following receipt of the petition 
and promptly published in the Federal Register. The Service must also 
commence a timely status review of the petitioned species if its 
accompanying information results in a positive finding. Following a 
positive 90-day finding, Section 4(b)(3)(B) of the Act requires the 
Service to make a 12-month finding as to whether the petitioned action 
is:
    (1) Not warranted,
    (2) Warranted; or
    (3) Warranted but precluded by other higher priority listing 
proposals.
    On February 15, 1994, the Service received a petition from Ms. 
Nancy Fraser Williams on behalf of the Rock Creek Owners' Association, 
Gainesville, Florida. The petition requests that Says' spiketail 
dragonfly, (Cordulegaster sayi), be listed as an endangered species. It 
states that a portion of a forested ravine and its riparian corridor 
owned by the Rock Creek residential housing subdivision is essentially 
the species' only known breeding grounds. The petitioners contend that 
a proposed municipal storm water retention project within the 
corridor's floodplain, described as the Possum Branch of Hogtown Creek, 
would gravely endanger the existing breeding sites of this extremely 
rare dragonfly and virtually wipe out the species.
    Westfall (unpublished) provides collection information for Say's 
spiketail from seven localities in northern Florida and one specific 
site from southeastern Georgia. Five of these sites are located on 
public land, with occurrence based on fewer than two dozen specimens. 
Rock Creek, named in the petition, is the best studied and most 
productive of the known collection sites. Alabama may be added to the 
range if identification of an adult female collected in 1994 from 
Conecuh National Forest is verified (Mr. Bill Mauffray, International 
Odonate Research Institute, pers. comm., 1994).
    Say's spiketail was included as a candidate for listing in the 
Service's invertebrate notice of review for animals published in the 
Federal Register on May 22, 1984 (49 FR 21664) and is comprehensive 
animal notices of review published January 6, 1989 (54 FR 554) and 
November 21, 1991 (56 FR 58804). The dragonfly was included in the 
first notice as a category 1 candidate for listing, but as a category 2 
candidate in subsequent notices. A category 1 taxon is one for which 
the Service has available enough substantial information on biological 
vulnerability and threat(s) to support a proposal to list it as 
endangered or threatened. 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 information presented in the petition supports the Service's 
previous decision to consider this species as a category 2 listing 
candidate as defined above. At the time the petition was received, the 
Service was aware of and investigating the proposed floodwater relief 
project and its potential impact on Say's spiketail. The hydrologic 
model for the project (Westfall and Mauffray 1994) predicted the 
proposed flood control structure would increase depth of inundation for 
10-year and 25-year storm events by approximately 2 and 3 feet, 
respectively. All but one of nine seepage transects included in the 
project's biological assessment would be completely inundated during 
any 10-year event. The seep heads and a few feet of their runs in four 
of the nine sampled seeps would not be totally inundated by a 10-year 
flood under the existing pre-project conditions.
    One such 10-year event did occur in March 1993. The only larvae 
collected after this flood were found at three completely inundated 
seeps (Westfall and Mauffray, 1994). Less than 10 percent of the 
previous seasons' adult total was observed during a 3-week period in 
1993. During the 1994 flight season, however, 12 adults were observed 
in a single day at Rock Creek, indicating recovery from any adverse 
effects from flooding. It appears that larvae may not be displayed by 
significant flooding and are able to survive these episodes at their 
original locations.
    A recent review of category 2 insects in the southeast region 
(Schweitzer 1989) recommended a very high status survey priority for 
Say's spiketail. The Service concurs with this recommendation and plans 
to fund a survey within the near future to better determine current 
distribution and status. However, the service does not anticipate this 
survey will be completed in time for the 12-month finding on this 
petition.
    Although a status review of Say's spiketail dragonfly is currently 
in progress based upon its inclusion as a category 2 species in the 
Service's comprehensive notice of review for animal candidates, the 
Service hereby announces its formal review of the species' status 
pursuant to this 90-day petition finding. Public comments regarding 
population trends, biological vulnerability and threats to this species 
should be sent to the office specified in the ADDRESSES section.

References Cited

Schweitzer, D.F. 1989. A review of category 2 insects in the U.S. 
Fish and Wildlife Service's Regions 3, 4, and 5. Report to the U.S. 
Fish and Wildlife Service, Newton Corner, MA. Pg. 24-25.
Westfall, M.J. Jr., and F.C. Johnson. Unpublished. Notes on 
Cordulegaster sayi Selys, 1854, with a description of the larva, 
redescription of the female, and notes on related species.
Westfall, M.J. Jr., and W. Mauffray. 1994. Report of the dragonfly, 
Cordulegaster sayi (Selys), a C2 candidate for endangered species 
status, in the Possum Branch of the Hogtown drainage system, and the 
potential devastation of the largest known breeding area by a 
proposed city of Gainesville flood control project. International 
Odonate Research Institute. 10 pp.

Author

    This document was prepared by Mr. John F. Milio (See ADDRESSES 
section).

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

    Dated: October 17, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-26527 Filed 10-25-94; 8:45 am]
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