[Federal Register Volume 60, Number 38 (Monday, February 27, 1995)]
[Proposed Rules]
[Pages 10535-10536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4780]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


Endangered and Threatened Wildlife and Plants; 12-Month Finding 
for a Petition to List the Dakota Skipper as Endangered or Threatened

AGENCY: U.S. Fish and Wildlife Service, Interior.

ACTION: Notice of 12-month petition finding.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 12-
month finding for a petition to list the Dakota skipper (Hesperia 
dacotae Skinner) under the Endangered Species Act of 1973, as amended. 
The Service finds that the petition does not present substantial 
scientific or commercial information indicating that the listing may be 
warranted at this time.

DATES: The finding announced in this document was made on February 16, 
1995.

ADDRESSES: Comments, or questions concerning this petition should be 
submitted to the Chief, Division of Endangered Species, U.S. Fish and 
Wildlife Service, Bishop Henry Whipple Federal Building, 1 Federal 
Drive, Fort Snelling, Minnesota 55111-4056. The petition finding, 
supporting data, and comments are available for public inspection, by 
appointment, during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Shumate, Invertebrate 
Species Coordinator, Division of Endangered Species, at the above 
address (612/725-3276).

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(B) of the Endangered Species Act (Act) of 1973, as 
amended (16 U.S.C. 1531 et seq.), requires that, for any petition to 
revise the List of Endangered and Threatened Wildlife and Plants that 
presents substantial scientific and commercial information, the Service 
make a finding within 12 months of the date of the receipt of the 
petition on whether the petitioned action is (a) not warranted, (b) 
warranted, or (c) warranted but precluded from immediate proposal by 
other pending proposals of higher priority. Section 4(b)(3)(C) requires 
that petitions for which the requested action is found to be warranted 
but precluded should be treated as though resubmitted on the date of 
such finding, i.e., requiring a subsequent finding to be made within 12 
months. Such 12-month findings are to be published promptly in the 
Federal Register.
    On January 21, 1994, The Service received a petition dated January 
15, 1994, from Brendan McManus of the Biodiversity Legal Foundation, to 
list the Dakota skipper (Hesperia dacotae) as endangered or threatened 
and designate critical habitat. The Service made a 90-day finding that 
the petition presented substantial information indicating that the 
requested action may be warranted. The 90-day finding was announced in 
the Federal Register on July 28, 1994 (59 FR 38424). A status review of 
the species was continued.
    The Dakota skipper was designated a category 2 candidate species in 
the May 22, 1984, Notice of Review (49 FR 21664) and has remained in 
category 2 to date (January 6, 1989, 54 FR 572; November 21, 1991, 56 
FR 58830; and November 15, 1994, 59 FR 59020). A category 2 candidate 
is a species for which information in the Service's possession 
indicates that listing is possibly appropriate, but for which 
insufficient information on biological vulnerability and threats is not 
currently available to support a proposal for listing under the Act.
    The Service has reviewed the petition, literature cited in the 
petition, information presented by various parties in response to the 
90-day finding, other available literature and information, and has 
consulted with biologists and researchers familiar with the Dakota 
skipper. On the basis of the best scientific and commercial information 
available, the Service finds listing is not warranted at this time. The 
review concludes that there is not persuasive evidence that elevation 
of the species to category 1 is appropriate and, therefore, the species 
will be retained in category 2.
    The Dakota skipper is a small to medium-sized butterfly found in 
mid- and tall grass prairie. Information on current status can be 
summarized as follows. Dakota skippers are reported in Iowa, Minnesota, 
North and South Dakota, and Manitoba, Canada. The species was formerly 
found in Illinois. The species is currently known in 12 counties (19 
population sites) in Minnesota, 17 counties (32 population sites) in 
North Dakota, and seven counties (18 population sites) in South Dakota, 
and in one county (one population site) in Iowa (Royer and Marrone 
1992; Ronald Royer, Minot, North Dakota, State University, in litt. 
1994; Robert Dana, Minnesota Department of Natural Resources, in litt. 
1994). Unknown Dakota skipper populations may exist; nine of the 
fifteen respondents to the 90-day notice indicated that additional 
areas need to be surveyed, including areas of North Dakota, Minnesota, 
and Iowa.
    The Dakota skipper faces loss and degradation of its prairie 
habitat due to certain harmful burning, haying, grazing and pesticide 
use practices. Invasion of prairie by alien plants, natural succession, 
and habitat loss through physical conversion of prairie to other 
purposes are also negative factors. The Dakota skipper (and its 
habitat) are in long-term decline, but the demise of the species does 
not appear imminent. The Service believes additional information is 
required concerning the species and its threats before making the 
determination that the species is endangered or threatened within the 
definition of the Act. Timely protection and appropriate prairie 
management might eliminate the need to list the species.
    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. [[Page 10536]] 

References Cited

Royer, R.A., and G.M. Marrone. 1992. Conservation status of the 
Dakota skipper (Hesperia dacotae) in North and South Dakota. Report 
to U.S. Fish and Wildlife Svc., Denver, CO. 44 pp.

Author

    The primary author of this document is Charles G. Kjos, U.S. 
Fish and Wildlife Service, Twin Cities Field Office, Bloomington, MN 
55425-1665, telephone 612/725-3548.

Authority

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

    Dated: February 16, 1995.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 95-4780 Filed 2-24-95; 8:45 am]
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