Federal Register, Volume 60 Issue 17 (Thursday, January 26, 1995)

[Federal Register Volume 60, Number 17 (Thursday, January 26, 1995)]
[Rules and Regulations]
[Pages 5267-5273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1983]

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DEPARTMENT OF THE INTERIOR
50 CFR Part 17

RIN 1018-AC09

Endangered and Threatened Wildlife and Plants; Determination of
Endangered Status for the Hine's Emerald Dragonfly (Somatochlora
hineana)

AGENCY: Fish and Wildlife Service, Interior Department.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines the
Hine's emerald dragonfly (Somatochlora hineana) to be an endangered
species pursuant to the Endangered Species Act (Act) of 1973, as
amended. Historically, this dragonfly was reported from sites in
Indiana and Ohio. Recent reports indicate that it is currently present
at only seven small sites within Cook, DuPage, and Will Counties in
Illinois, and at six sites in Door County, Wisconsin. This species is
threatened primarily by habitat loss and modification. This rule
implements the Federal protection provisions afforded by the Act to the
Hine's emerald dragonfly.

EFFECTIVE DATE: January 26, 1995.

[[Page 5268]] ADDRESSES: The complete file for this rule is available
for inspection, by appointment, during normal business hours at the
U.S. Fish and Wildlife Service, Regional Office, Division of Endangered
Species, Bishop Henry Whipple Federal Building, One Federal Drive, Fort
Snelling, Minnesota 55111-4056.

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Shumate (see ADDRESSES
section) or by telephone (612/725-3276).

SUPPLEMENTARY INFORMATION:

Background

The Hine's emerald dragonfly, also known as the Ohio emerald
dragonfly, was described in 1931 from seven adults collected June 7 and
14, 1929, and July 4, 1930, near Indian Lake, Logan County, Ohio
(Williamson 1931). It is a dragonfly (class Insecta, order Odonata)
with bright, emerald-green eyes, body size ranging 60-65 mm (ca. 2.5
inches) in length, and wing span of 80-85 mm (ca. 3.3 inches). The
adult is distinguished from other adults in the genus Somatochlora by
its metallic green color with two distinct creamy-yellow lateral
stripes, the clasper-like appendages at the end of the abdomen in the
male, and the shape of the vulvar lamina in the female.
Cashatt and Vogt (1990) indicated that the Illinois habitat of the
Hine's emerald dragonfly consists of complex wetlands with small,
calcareous or underlying limestone bedrock, and shallow, spring-fed
streams that drain into wet meadows and cattail marshes. These marshes
are found primarily along the Des Plaines River drainage in Illinois.
Wisconsin habitat consists of small, calcareous, marshy streams and
associated cattail marshes on dolomite bedrock.
Price (1958) reported collecting a total of 21 specimens in
Williams County, Ohio from Mud Lake in 1949 (now Mud Lake State Nature
Preserve) and Bridgewater Township in 1956; and from the Toledo Oak
Openings Metropark in 1952, 1953, and 1956 (referred to as Oak Openings
State Park by Price) Lucas County, Ohio. Until recently, the species
was reported only from Ohio and Indiana (Montgomery 1953, Bick 1983).
Recent investigations indicate that the species has apparently been
extirpated from Ohio. The species' status in Indiana is currently
uncertain. An adult male was documented to be the last collected
specimen from Gary, Indiana, on June 22, 1945 (Montgomery 1953, Bick
1983, Cashatt and Sims 1993).
No additional information on the distribution of this species was
available until 1990, when the Service supported investigations in
Wisconsin by Vogt and Cashatt (1990), in Illinois by Cashatt and Vogt
(1990), and in Michigan by Vogt (1991). These investigations confirmed
the presence of remnant populations in Wisconsin and Illinois. In
Wisconsin, Vogt and Cashatt (1990) surveyed 27 potential sites in nine
eastern counties. They found the species at six sites in Door County,
and the sites are roughly on about one-third of private, State, and
private (non-profit) conservation lands. Twenty-one sites were surveyed
in Michigan with no new occurrences found. In Illinois, Cashatt and
Vogt (1990) surveyed 28 potential sites in five counties and reported
the dragonfly present at five sites in Cook, DuPage, and Will Counties.
Within these three counties, two sites are on private lands and the
remaining sites are on public lands. The Service also supported
additional investigations in Illinois by Cashatt and Vogt (1991),
Cashatt, Sims, and Wiker (1992), and in Wisconsin by Vogt and Cashatt
(1991), and Smith (1993). Cashatt and Sims (1993) conducted further
surveys and located two relatively small sites in Cook County, Illinois
with one site each on private and public land, bringing the total
number of Illinois sites to seven.
Hine's emerald dragonfly is listed as endangered by the
International Union for the Conservation of Nature, is on the Illinois
State endangered species list, will be proposed for listing as
endangered in Wisconsin, and has been assigned Global Element Rank of
G1G2 (critically imperiled globally) by The Nature Conservancy.

Previous Federal Action

On May 22, 1984, the Service published in the Federal Register
Notice of Review (49 FR 21664) its first list of invertebrate animal
species being considered for listing under the Act. Hine's emerald
dragonfly (under the common name of Ohio emerald dragonfly) was
designated a category 2* species with its range consisting of Ohio and
Indiana. Category 2 includes those taxa for which proposing to list as
endangered or threatened is possibly appropriate, but for which
substantial data on biological vulnerability and threats are not
currently available to support proposed rules. The asterisk indicated
that authentic records had not been obtained since 1963 and that some
of the taxa in this category were possibly extinct. The January 6,
1989, Notice of Review (54 FR 554) assigned Hine's emerald dragonfly to
category 2, and on November 21, 1991, (56 FR 58804) the dragonfly was
reassigned to category 1. Category 1 includes species for which the
Service now possesses sufficient information to support a listing as
threatened or endangered.
On October 4, 1993, the Service published (58 FR 51604) a proposal
to list Hine's emerald dragonfly as an endangered species. A notice (58
FR 64927) extending the public comment period and public hearing
request deadline was published on December 10, 1993, to provide
sufficient time for submission of comments and requests for public
hearings. A notice of a public hearing and reopening of the comment
period was published May 12, 1994 (59 FR 24678), and the public hearing
was held May 25, 1994. Based on status surveys, documentation
addressing the fragmented habitat, the small size and disjunct
distribution of the remnant populations, and the immediacy of threats
to the remnant populations, the Service determines that the species
warrants protection under the Act.

Summary of Comments and Recommendations

In the October 4, 1993, proposed rule (58 FR 51604) and associated
notifications, all interested parties were invited to submit factual
reports or information that may contribute to the development of a
final rule. The comment period was reopened and extended until January
3, 1994, (58 FR 64927) to accommodate submission of comments and
requests for public hearings. Appropriate State agencies, county
governments, Federal agencies, scientific organizations, and other
interested parties were contacted and invited to comment. Newspaper
notices inviting general public comment were published in the Chicago
Tribune (Chicago, Illinois) on November 10, 1993, and the Green Bay
Press Gazette (Green Bay, Wisconsin) on November 10 and December 9,
1993.
A total of 50 comments, including four State agencies, one county
representative, ten industrial and pest control companies, six
scientific organizations and environmental group representatives, and
29 individuals, were received; 33 of those comments supported, none
opposed, and 17 were neutral on the proposed action. One of the
supporting comments had seven signatures, and three of the supporting
comments had two signatures each.
A public hearing was requested on December 20, 1993, by Mr. Jerome
M. Viste, representing the Door County Environmental Council,
Incorporated, and Mr. George M. Reynolds, representing Reynolds &
Company. Notices announcing the hearing were published in the Green Bay
Press Gazette (Wisconsin) on May 12, 1994, the Chicago Tribune
(Illinois) and the [[Page 5269]] Door County Advocate (Sturgeon Bay,
Wisconsin) on May 13, 1994. The hearing was held in the General Meeting
Room (A150) of the Door County Courthouse, 421 Nebraska Street,
Sturgeon Bay, Wisconsin on May 25, 1994, with 27 attendees. Fifteen
comments were received during the hearing. Two comments were in
opposition to the listing, ten were supportive, and three were neutral.
The hearing consisted of brief overviews of the Act as it pertained to
the listing process, prohibited activities, permit requirements, and
the status, distribution and biology of Hine's emerald dragonfly; a
statement session by 13 attendees; and a question and answer session
that raised 12 issues regarding the proposed listing.
Thirteen written comments were received following the Federal
Register notice that reopened the comment period to accommodate the
public hearing. Ten comments supporting, three neutral, and none
opposing the listing proposal were received.
Comments updating the data presented in Summary, Background and
Summary of Factors Affecting the Species are incorporated in those
sections of this final rule. Written comments presented at the public
hearing and those received during the comment periods with the
Service's response to each are discussed in the following summary.
Comments of a similar nature or point are grouped into a number of
general issues.
Issue 1--How is the range of the species determined? Since recent
surveys extended the range, the listing may be premature until
additional habitats and additional localities are surveyed to make
certain there are no additional populations.
Service Response--The range of the Hine's emerald dragonfly was
determined based on the best scientific and commercial data available.
The Service, in cooperation with the States of Illinois, Indiana,
Michigan, Ohio, and Wisconsin, conducted several studies to determine
the status of the dragonfly. The scientists who conducted these studies
first examined historical records on the distribution of the dragonfly
to identify sites that were known to support the dragonfly. These sites
were re-visited to determine if they still supported Hine's emerald
dragonflies. Status surveys were also conducted in other midwestern
States, like Michigan, that were outside of the historic range of the
dragonfly, but supported potentially suitable habitat. To date, status
surveys have been conducted throughout the historical range of the
Hine's emerald dragonfly and elsewhere in the midwest that had similar
habitat. The Service will continue searching for the dragonfly in new
locations; however, based on the best scientific and commercial data
available, any new populations are likely to be small and located in
highly fragmented or degraded habitats and would not change the current
recommendation to list this species as endangered.
Issue 2--If listed, collection is prohibited. Listing any insect is
counterproductive for those trained in dragonfly identification; a
specimen is needed when gathering information on the species.
Service Response--The Act prohibits ``take'' of an endangered
species, which includes a prohibition against collecting endangered
species. However, the Act allows the Service to issue permits that
allow collection for scientific purposes or to enhance the propagation
or survival of listed species. The Service will work with the
scientific community to develop survey techniques that do not require
voucher specimens, but can issue permits to authorize voucher specimens
as part of studies that contribute to improving the status of the
Hine's emerald dragonfly. Procedures for obtaining such permits are
found in 50 CFR 17.22 (see ``Available Conservation Measures'').
Issue 3--How does the Service justify spending dollars to list and
enforce the endangered species activity for the Hine's emerald
dragonfly which has already survived many other adverse elements? Tax
dollars should be used in creating more apartments, jobs and helping
the homeless.
Service Response--Although the Hine's emerald dragonfly may have
survived a lot of environmental change during its history, its
continued existence is now threatened by human actions that are
altering the environment much faster than the environmental change the
dragonfly would have experienced in the past. The Hine's emerald
dragonfly depends on wetlands and spring-fed streams that feed larger
bodies of water in its range; it is endangered by the destruction of
those habitats and water quality degradation. Efforts to recover this
species will focus on protecting its habitat and improving the quality
of the water that flows into its habitat. By following Congress'
direction to conserve the ecosystems on which this species depends, the
Service will try to protect and improve the quality of waters in
habitats that support the dragonfly. The Service believes that any such
improvements in water quality will benefit not only the dragonfly, but
any human populations that live near or depend on those waters as a
source of drinking water, recreational opportunity, or esthetic
pleasure.
Issue 4--Designate critical habitat throughout its range and
especially in the Three Springs watershed.
Service Response--Designated critical habitat are areas of habitat,
land, water and air space essential to listed species for survival and
recovery. On the basis of the best scientific and commercial data
available, the Service must prepare an analysis that considers the
economic and other impacts of any proposed designated areas. Through
review of this information, the Service will conclude whether critical
habitat designation is prudent and determinable. The available data has
not allowed the Service to identify proposed critical habitat at this
time.
Issue 5--Immediately draft a recovery plan.
Service Response--Recovery plans, in accordance with section 4(f)
of the Act, are developed subsequent to a species being listed.
Issue 6--Listing would impact a State mandated mission to control
mosquitoes in Illinois.
Service Response--The Service will work with State and other
Federal agencies to establish guidelines and measures to avoid and
minimize adverse affects to allow mosquito control programs to proceed.
Issue 7--The Service should implement an emergency rule to list the
Hine's emerald dragonfly as endangered since the one metapopulation in
Illinois will be compromised if listing would take a year to complete.
Service Response--Emergency listing is considered only if
significant take or habitat destruction will occur prior to completing
the normal listing process. A review of the existing threats to the
dragonfly does not indicate that significant take or habitat
destruction will occur before the effective date of this listing.
Issue 8--Will qualified, expert taxonomists be used to confirm the
presence and extent of the dragonfly, so that decisions regarding the
listing and protection of the dragonfly will be based on good data?
Service Response--Yes. The Service has supported investigations in
Wisconsin and Illinois conducted by Dr. Everett Cashatt (Illinois State
Museum) and Mr. Tim Vogt (The Nature Conservancy), who are both
recognized as qualified entomologists with expertise in Odonata. They
have conducted several extensive surveys and provided the Service with
data that support this final rule. Additional information has also been
obtained from Mr. Bill Smith of the Wisconsin [[Page 5270]] Department
of Natural Resources' Bureau of Endangered Resources, as well as other
qualified biologists.
Issue 9--What determines the extent of the area that will be
covered by the listing? It would seem that the area should be defined
as narrowly as reasonable to protect the dragonfly but not overly broad
so that mosquito and other insect control work could continue as usual.
This would be especially important in a large urban area like Chicago
and its suburbs with its wide diversity.
Service Response--This listing will protect the Hine's emerald
dragonfly in those areas it currently occurs. Within that distribution,
the specific areas that need to be protected will be determined on a
case-by-case basis. The Service will work with State and local insect
control agencies to determine how the listing will affect their
activities.
Issue 10--It is unclear what mosquito control strategies could be
used within the protected habitat areas. It would be important that
restrictions on the use of various pesticides and other control methods
be specific and narrow, enough to protect the dragonfly but not so
broad as to prevent control of mosquitoes. In particular, Bacillus
thuringiensis ssp. israelensis (Bti) and methoprene have been shown to
control mosquitoes with little effect on non-target organisms. It is
our hope that materials like Bti, methoprene, and others with little
non-target effects could continue to be used in protected habitats, and
that materials be restricted only if they have a proven detrimental
effect on the dragonfly nymph.
Service Response--Mosquito control measures that are known to
affect only target organisms are not likely to be affected by this
listing. Control measures that are not known to affect dragonflies in
the Order Odonata are also not likely to be affected by this listing.
Other measures will have to be evaluated on a case-by-case basis. The
Service will work with State and local insect control agencies to
determine how the listing will affect their activities.
Issue 11--In the event of a public health emergency, like a St.
Louis encephalitis (SLE) outbreak, it would be important for escalated
mosquito control measures to be instituted. These would likely include
restricted measures such as mosquito adulticiding. Could some
restrictions be temporarily lifted to maintain the public's health? If
so, who would make those decisions and how would they be made?
Service Response--The Act includes provisions for handling
emergencies. The Service will work with the Environmental Protection
Agency and appropriate States and local government agencies to outline
those provisions and to establish procedures for handling emergencies
that might arise.
Issue 12--What effect will the regulations have on agricultural
practices?
Service Response--One practice that may be affected is pesticide
use in apple and cherry orchards near the Hine's emerald dragonfly
habitat. The Service, in consultation with the Environmental Protection
Agency, will need to evaluate the effects of pesticide use on the
Hine's emerald dragonfly.
Issue 13--This is the largest land grab in Door County, Wisconsin.
Not opposed with preservation measures for the dragonfly, but it
amounts to extraterritorial zoning, i.e., control of the use of another
person's land without compensation.
Service Response--The Hine's emerald dragonfly is known to occur on
six sites in Door County, Wisconsin. Two of those sites are currently
managed by the State of Wisconsin, two of those sites are private lands
managed for conservation purposes by non-profit agencies, and the
remaining two sites are under private ownership. All of the sites
represent aquatic habitats that are currently under the jurisdiction of
the Federal Clean Water Act and State water quality law, which are
intended to protect these aquatic habitats from water quality
degradation and activities like dredging or filling. This listing does
not change current land ownership patterns and is not likely to create
additional constraints on the activities of private land owners.
Instead the listing focuses attention on improvements that might be
made to existing regulations. The listing will allow the Service to
work with other Federal agencies to ensure that their activities do not
further jeopardize the continued existence of the Hine's emerald
dragonfly.

Summary of Factors Affecting the Species

Section 4(a)(1) of the Act and regulations (50 CFR part 424)
promulgated to implement the listing provisions of the Act set forth
the procedures for adding species to the Federal lists. A species
determined to be an endangered or threatened species may be endangered
or threatened due to one or more of the five factors described in
Section 4(a)(1). These factors and their application to Hine's emerald
dragonfly are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Populations of Hine's emerald
dragonfly are apparently extirpated from its historic range in Ohio and
Indiana (see ``Background''). No new populations were found during a
1991 status survey in Michigan. Although populations have been found in
Illinois and Wisconsin, the habitats are restricted and very
fragmented.
The greatest threat to the species in Illinois and Wisconsin is
habitat destruction and degradation. In Wisconsin's Door County, land
development by agricultural, tourist, and recreational interests pose
various threats to Hine's emerald dragonfly sites. Pesticide drift and
run-off from Door County's apple and cherry orchards is a potential
threat. Contaminated groundwater-to-surface recharge and contaminated
surface runoff may carry pesticides and other contaminants to the
species' sites. Gypsy moth control has been instituted in Door County
and the control measures include mass trapping and spraying of Bacillus
thuringensis. Although detrimental effects of these measures are not
presently known, they could affect Hine's emerald dragonfly
populations. There is an open highway salt storage area within 100 feet
that could affect one Hine's emerald dragonfly stream site in Door
County. A solid waste transfer station is being considered for
development near another site. Beaver are common in both Door County
and Illinois, and their impoundments may possibly alter the
microhabitat of the aquatic dragonfly nymphs. Studies will need to be
conducted to determine the impacts.
In Illinois, the remaining sites for the Hine's emerald dragonfly
are located in Cook, DuPage, and Will Counties. These three counties
are in the Chicago metropolitan area and represent the fastest-growing
counties in that area. The sites in these counties are already highly
fragmented and are further threatened by urban and industrial
development. Industrial development in the immediate vicinity of the
sites includes a petroleum refinery, a sewage treatment plant, rock
quarries, an electrical power plant, and an asphalt plant. These types
of facilities have the potential to degrade surface water, ground
water, and air quality in the vicinity of Hine's emerald dragonfly
sites. Degraded ground water quality is a particular concern because
the sites that support the dragonfly receive water from seeps and
springs. A proposed quarrying operation that would eliminate an entire
population, the proposed highway FAP-340 (an extension of Interstate
355), and other roadway expansion activities in the Hine's emerald
dragonfly foraging sites [[Page 5271]] in Illinois also threaten the
species' habitat. A variety of other developments in this rapidly-
growing area are in various stages of planning and execution that
threaten the dragonfly's habitat.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Overutilization is not believed to be a factor in
the species' continued existence, but the Federal protection under the
Act will prohibit unauthorized collection of individuals of the
species. Protection from collection may become important because
collectors may seek the species.
C. Disease or predation. The importance of these factors is
presently unknown.
D. The inadequacy of existing regulatory mechanisms. The stream and
aquatic habitat of the Hine's emerald dragonfly is within the
jurisdiction of the Clean Water Act that established various regulatory
mechanisms to protect surface and ground water from the effects of
point and non-point discharges. Section 404 of the Clean Water Act,
which is administered by the U.S. Army Corps of Engineers in
conjunction with the U.S. Environmental Protection Agency, established
a regulatory program to protect waters of the United States from the
adverse effects of filling. The States of Illinois, Indiana, Ohio, and
Wisconsin administer similar programs to protect surface and ground
water quality. Despite these Federal and State regulatory mechanisms,
the aquatic habitat of the Hine's emerald dragonfly was apparently
extirpated in Ohio and Indiana, although the dragonfly may have been
extirpated prior to the creation of these programs. Nevertheless,
Federal and State regulations appear to be only partially effective in
preventing the loss and degradation of the aquatic habitats of the
Hine's emerald dragonfly. This listing will enhance the level of
protection those aquatic habitats and the dragonfly receive through
those programs.
E. Other natural or manmade factors affecting its continued
existence. Automobile impact is a threat where sites occur near
roadways due to adult dragonflies hovering, and in some areas the
dragonflies are known to fly across roadways to reach foraging habitat.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by this species in determining this final rule.
Based on this evaluation, the preferred action is to list Hine's
emerald dragonfly as endangered.

Critical Habitat

Critical habitat is defined in section 3 of the Act as: (i) The
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) that may require special management
considerations or protection and; (ii) specific areas outside the
geographical area occupied by a species at the time it is listed, upon
a determination that such areas essential for the conservation of the
species. ``Conservation'' means the use of all methods and procedures
needed to bring the species to the point at which listing under the Act
is no longer necessary.
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, the Secretary designate critical habitat at the time
the species is endangered or threatened. Service regulations (50 CFR
424.12 (a)) state that critical habitat is not determinable if
information sufficient to perform required analysis of the impacts of
the designation is lacking or if the biological needs of the species
are not sufficiently well known to permit identification of an area as
critical habitat. Section 4(b)(2) of the Act requires the Service to
consider economic and other relevant impacts of designating a
particular area as critical habitat on the basis of the best scientific
data available. The Secretary may exclude any area from critical
habitat if he determines that the benefits of such exclusion outweigh
the conservation benefits, unless to do such would result in the
extinction of the species.
The Service finds that designation of critical habitat for the
Hine's emerald dragonfly is not determinable at this time. When a ``not
determinable'' finding is made, the Service must, within two years of
the publication date of the original proposed rule, designate critical
habitat, unless the designation is found to be not prudent (50 CFR
424.17(b)(2)).
The Service will initiate a concerted effort to obtain the
information needed to determine critical habitat for the Hine's emerald
dragonfly. Wisconsin Department of Natural Resources is willing to work
closely with the Service to conduct studies to evaluate if designation
of critical habitat is determinable. A proposed rule for critical
habitat designation must be published in the Federal Register, and the
notification process and public comment provisions parallel those for a
species listing. In addition, the Service will evaluate the economic
and other relevant impacts of the critical habitat designation, as
required under Section 4(b)(2) of the Act.
The presently known populations of this species are located on
fragmented and degraded wetland habitats. The size, location, area,
spatial configuration, and composition of specific areas essential to
the conservation of the Hine's emerald dragonfly or which may require
special management considerations or protection cannot be determined
without further study.

Available Conservation Measures

Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing results in public awareness and
conservation actions by Federal, State, and local agencies, private
organizations, and individuals. The Act provides for possible land
acquisition and cooperation with the States and requires that recovery
actions be carried out for all listed species. The protection required
of Federal agencies and the prohibitions against taking and harm are
discussed, in part, below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) of the Act requires Federal agencies to
confer informally with the Service on any action that is likely to
jeopardize the continued existence of a proposed species or result in
destruction or adverse modification of proposed critical habitat. If a
species is listed subsequently, section 7(a)(2) requires Federal
agencies to ensure that activities they authorize, fund, or carry out
are not likely to jeopardize the continued existence of such a species
or to destroy or adversely modify its critical habitat. If a Federal
action may affect a listed species or its critical habitat, the
responsible Federal agency must enter into formal consultation with the
Service.
The Act and implementing regulations found at 50 CFR 17.21 set
forth a series of general prohibitions and exceptions that apply to all
endangered wildlife. These prohibitions, in part, [[Page 5272]] make it
illegal for any person subject to the jurisdiction of the United States
to take (including capture, harass, harm, pursue, hunt, shoot, wound,
kill, trap, or collect; or to attempt any of these), import or export,
ship in interstate commerce in the course of commercial activity, or
sell or offer for sale in interstate or foreign commerce any listed
species. It also is illegal to possess, sell, deliver, carry,
transport, or ship any such wildlife that has been taken illegally.
Certain exceptions apply to agents of the Service and State
conservation agencies.
The July 1, 1994, policy of the Service (59 FR 34272) requires
identification of those activities that would or would not constitute a
violation of section 9 of the Act, to the maximum extent practicable at
the time a species is listed. The intent of this policy is to increase
public awareness of the effect of the listing on proposed and ongoing
activities within a species' range.
The Service believes that, based on the best available information,
the following are actions that will not result in a violation of
section 9:
(1) Possession of legally acquired Hine's emerald dragonflies; and
(2) Federally approved projects that include, but are not limited
to, activities, such as discharge of fill material, draining, ditching,
tiling, pond construction, stream channelization or diversion, or
diversion or alteration of surface or ground water flow into or out of
wetlands (i.e., due to roads, impoundments, discharge pipes, stormwater
detention basins, etc.)--when such activity is conducted in accordance
with section 7 of the Act.
Activities that the Service believes could potentially harm the
Hine's emerald dragonfly and result in ``take'', include, but are not
limited to:
(1) Unauthorized collecting or handling of the species;
(2) Unauthorized destruction/alteration of the species' habitat
(i.e., discharge of fill material, draining, ditching, tiling, pond
construction, stream channelization or diversion, or diversion or
alteration or contamination of surface or ground water flow into or out
of wetlands (i.e., due to roads, impoundments, discharge pipes,
stormwater retention basins, etc.);
(3) Burning, cutting or mowing of wetland vegetation, if conducted
in an untimely or inappropriate manner (e.g., when dragonflies would be
killed or injured or their occupied habitat would be degraded or
rendered unsuitable);
(4) Pesticide application in or near occupied wetland that results
in the destruction, alteration or contamination of the species' aquatic
habitat;
(5) Herbicide or fertilizer application in or near occupied
wetlands that results in the destruction or alteration of existing
wetland vegetation--that is, which kills vegetation upon which the
Hine's emerald dragonfly depends, or causes nutrient enrichment which
encourages the growth of invasive exotic plants;
(6) Discharges or dumping of toxic chemicals, silt, or other
pollutants (i.e., sewage, oil and gasoline) into waters used by the
species; and
(7) Interstate and foreign commerce (commerce across State and
international boundaries) and import/export (as discussed earlier in
this section) without prior obtainment of an endangered species permit.
Permits may be issued to carry out otherwise prohibited activities
involving endangered wildlife species under certain circumstances.
Regulations governing permits are at 50 CFR 17.22 and 17.23. Such
permits are available for scientific purposes, to enhance the
propagation or survival of the species, and/or for incidental take in
connection with otherwise lawful activities.
Questions regarding whether specific activities, such as
collecting, burning, mowing or pesticide application, will constitute a
violation of section 9 should be directed to the Field supervisor of
the appropriate Service, Ecological Services Field office as follows:
in Illinois, the Chicago Field Office, 1000 Hart Road, Suite 180,
Barrington, Il 60010 (708/381-2253); and, in Wisconsin, the Green Bay
Field Office, 1015 Challenger Court, Green Bay, WI 54311 (414/433-
3803). Requests for copies of the regulations regarding listed
wildlife, and inquiries about prohibitions and permits may be addressed
to Chief, Division of Endangered Species (see Addresses section).
The known Hine's emerald dragonfly populations are threatened by a
highway project and a proposed quarrying operation in Illinois, and
potentially threatened by commercial development and orchard pesticide
spraying in Wisconsin. Due to the need to make Federal funding,
protection, and other measures immediately available to protect this
species and its habitat, the Service finds good cause in accordance
with 5 U.S.C. 553 (d)(3), to make this final rule effective upon
publication.

National Environmental Policy Act

The Fish and Wildlife Service has determined that Environmental
Assessments and Environmental Impact Statements, as defined under the
authority of the National Environmental Policy Act of 1969, need not be
prepared in connection with regulations adopted pursuant to Section
4(a) of the Act, as amended. A notice outlining the Service's reasons
for this determination was published in the Federal Register on October
25, 1983 (48 FR 49244).

References Cited

Bick, G.H. 1983. Odonata at Risk in the Conterminous United States
and Canada. Odonatologica 12: 209-226.
Cashatt, E.D., and B.G. Sims. 1993. Illinois 1993 Critical Habitat
and Recovery Investigations for the Hine's Emerald Dragonfly
(Somatochlora hineana Williamson). Report prepared for the U.S. Fish
and Wildlife Service by the Illinois State Museum, Springfield, IL.
11pp.
Cashatt, E.D., et. al. 1992. Illinois 1992 Critical Habitat and
Recovery Investigations for the Hine's Emerald Dragonfly. Report
prepared for the U.S. Fish and Wildlife Service by the Illinois
State Museum, Springfield, IL. 20pp. + Appendix.
Cashatt, E.D. 1991. A Vulnerable species: The Ohio Emerald
Dragonfly. The Living Museum 53(2):29-30.
Cashatt, E.D., and T.E. Vogt. 1990. The Illinois 1990 Status Survey
for the Ohio Emerald Dragonfly (Somatochlora hineana Williamson).
Report prepared for the U.S. Fish and Wildlife Service by the
Illinois State Museum, Springfield, IL. 20pp.
Cashatt, E.D., and T.E. Vogt. 1991. The Illinois 1991 Survey for the
Hine's Emerald Dragonfly (Somatochlora hineana Williamson). Prepared
for the U.S. Fish and Wildlife Service by the Illinois State Museum,
Springfield, IL, and Wisconsin Department of Natural Resources,
Bureau of Endangered Resources, Madison, WI. 13pp.
Montgomery, B.E. 1953. Notes and Records of Indiana Odonata, 1951-
1952. Proceeding of the Indiana Academy of Science. 62: 200-202.
Price, H.F. 1958. Additional Notes on the Dragonflies of
Northwestern Ohio. Ohio Journal of Science. 58: 50-62.
Smith, W. 1993. Wisconsin Endangered and Threatened Species
Investigation. Report prepared for the U.S. Fish and Wildlife
Service by the Wisconsin Department of Natural Resources, Bureau of
Endangered Species, Madison, WI. 13pp.
Vogt, T.E. 1991. Results of 1991 Status Survey for Somatochlora
hineana Williamson in Michigan. Report prepared for Michigan Natural
Features Inventory, Mason Building, Lansing, Michigan, and the U.S.
Fish and Wildlife Service by the Wisconsin Department of Natural
Resources, Bureau of Endangered Species, Madison, WI. 24pp.
[[Page 5273]]
Vogt, T.E., and E.D. Cashatt. 1990. The 1990 Wisconsin Status Survey
for the Ohio Emerald Dragonfly (Somatochlora hineana Williamson).
Report prepared for the U.S. Fish and Wildlife Service by Wisconsin
Department of Natural Resources, Bureau of Endangered Species,
Madison, WI. 14pp.
Vogt, T.E., and E.D. Cashatt. 1991. The Wisconsin 1991 Status Survey
for the Hine's Emerald Dragonfly (Somatochlora hineana Williamson).
Report prepared for the U.S. Fish and Wildlife Service by the
Wisconsin Department of Natural Resources, Bureau of Endangered
Resources, Madison, WI and the Illinois State Museum, Springfield,
IL. 11pp.
Williamson, E.B. 1931. A new North American Somatochlora (Odonata:
Corduliidae). Occasional Papers of the Museum of Zoology. University
of Michigan. 225: 1-8.

Author

The primary author of this final rule is Carlita Shumate (see
ADDRESSES section). This final rule was edited by Amelia Orton-Palmer,
U.S. Fish and Wildlife Service, Ecological Services Field Office, 1000
Hart Road, Suite 180, Barrington, Illinois 60010, (708) 381-2253 and
Catherine Carnes, U.S. Fish and Wildlife Service, Ecological Services
Field Office, 1015 Challenger Court, Green Bay, Wisconsin 54311, (414)
433-3803. Everett D. Cashatt, Zoology Section, Illinois State Museum,
Springfield, Illinois 62706, (217) 782-6689 and Timothy E. Vogt, The
Nature Conservancy, Rte.1, Box 53E, Ullin, Illinois 62992 (618) 634-
9445, provided substantial information.

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.

Regulation Promulgation

Accordingly, part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, is amended as set forth below:

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. Section 17.11(h) is amended by adding the following, in
alphabetical order under Insects to the List of Endangered and
Threatened Wildlife:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *
(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate population
-------------------------------------------------- Historic range where endangered or Status When listed Critical Special
Common name Scientific name threatened habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
Insects

* * * * * * *
Hine's emerald (Ohio Somatochlora hineana .. U.S.A. (IL, IN, OH, & NA..................... E 573 NA NA
emerald dragonfly). WI).

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: January 6, 1995.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 95-1983 Filed 1-25-95; 8:45 am]
BILLING CODE 4310-55-P