[Federal Register Volume 60, Number 136 (Monday, July 17, 1995)]
[Proposed Rules]
[Pages 36380-36382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17386]



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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 Say's Spiketail Dragonfly as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 12-month petition finding.

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SUMMARY: The Fish and Wildlife Service (Service) announces a 12-month 
finding for a petition to list the Say's spiketail dragonfly 
(Cordulegaster sayi) under the Endangered Species Act of 1973, as 
amended. After review of all available scientific and commercial 
information, the Service finds that listing this species is not 
warranted.

DATES: The finding announced in this document was made on June 20, 
1995.

ADDRESSES: Comments or questions concerning this petition should be 
sent to the Field Supervisor, U.S. Fish and Wildlife Service, 6620 
Southpoint Drive South, Suite 310, Jacksonville, Florida 32216. 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: Dr. Michael M. Bentzien, Assistant 
Field Supervisor, at the above address (904/232-2580).

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(B) of the Endangered Species Act of 1973, as 
amended (16 U.S.C. 1531 et seq.), requires that, for any petition to 
revise the Lists of Endangered and Threatened Wildlife and Plants that 
contains substantial scientific or commercial information, the Service 
make a finding within 12 months of the date of 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) of the Act 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 shall be published promptly in the 
Federal Register.
    On February 15, 1994, the Service received a petition dated January 
13, 1994, from Ms. Nancy Fraser Williams on behalf of the Rock Creek 
Owners' Association, Gainesville, Florida, to list the Say's spiketail 
dragonfly (Cordulegaster sayi) as endangered. A 90-day finding was made 
by the Service 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 October 26, 1994 (59 
FR 53776). The finding also announced the Service's formal review of 
the species' status and solicited information and public comment 
regarding population trends, biological vulnerability, and threats to 
this species. Comments and information received by December 27, 1994, 
were considered in the 12-month finding.
    On the basis of the best available scientific and commercial 
information, the Service finds that listing the Say's spiketail 
dragonfly is not warranted at the present time.
    The earliest description of this dragonfly was made by Selys (1854) 
from a British Museum specimen taken in Georgia. Westfall (1953) 
reported three males collected at Lake City in 1896 and 1897 as the 
first specimens from Florida. Westfall and Johnson (unpublished) 
attributed additional state records to misidentifications with 
congeneric species. Their review demonstrated that the only known 
specimens of Cordulegaster sayi in existence were collected from eight 
specific historic sites in either Georgia or Florida. The current range 
includes central Georgia to northern and western Florida. Rock Creek is 
the best described and most productive of the eight historic sites. 
Sites on public land include Gordonia-Altamaha State Park in Georgia; 
Gold Head Branch and Torreya State Parks, San Felasco Hammock State 
Preserve, and Blackwater River State Forest in Florida. Besides Rock 
Creek, private land sites include Lake City, Columbia County, and Camp 
Crystal Lake, Clay County, Florida. Approximately a dozen specimens 
have been collected from these other sites. The most recent collections 
were made in 1994 from Blackwater River State Forest. Kroetzer and 
Kroetzer (unpublished) collected a specimen from Conecuh National 
Forest in Alabama in 1994 which has characteristics of both 
Cordulegaster sayi and its congener C. bilineata.
    Say's spiketail dragonfly is associated with trickling hillside 
seepages in deciduous forests (Dunkle 1989). Adults have been collected 
from late February through late April in open areas within about a half 
mile of seepage breeding sites (Westfall and Mauffray 1994). Westfall 
(pers. comm. 1994) collected larvae of various instars from seepage 
pools and beneath wet leaves within and on the border of the seepage 
streamlets. Larval collections indicate that the species has a multi-
year life cycle (Westfall and Mauffray 1994, Mauffray in litt. 1994).
    Two seepages modified by development of the Rock Creek subdivision 
are the only known adverse habitat changes at this site (Mauffray in 
litt. 1994). Despite these modifications, Mauffray (Westfall and 
Mauffray 1994) discovered a sizable population in 1992. The collection 
of larvae from flooded seeps in 1993 (Westfall and Mauffray 1994) 
following two successive flood events did not support Mauffray's belief 
(in litt. 1994) that unflooded seeps are needed as dragonfly refugia 
for population survival. An observed increase in adult numbers from 
1993 to 1994 would also not have been predicted following two 
consecutive annual floods. The observed fluctuations in adult numbers 
before and after surrounding land development may therefore be more a 
function of asynchronous emergence due to the species' presumed multi-
year life cycle rather than an adverse response to flooding. Concerns 
for seepage damage by cattle (Daigle in litt. 1985) and pedestrians and 
vehicles (V. Compton, Blackwater Forestry Resource Administrator, pers. 
comm. 1994) in Blackwater River State Forest are the only other known 
instances rangewide of possible habitat impacts. Despite these 
observations, two adults were collected in 1994 in the vicinity of the 
historic collection site (J. Daigle, Florida Department of 
Environmental Protection, pers. comm., 1994)
    Between 1970 and 1994, Mauffray (in litt. 1994) conservatively 
estimated that collecting had removed over 140 adult specimens from 
Rock Creek. This level 

[[Page 36381]]
of collecting was related to the sites's uniqueness and accessibility. 
Despite this collecting pressure, the population persisted. The 
species' short flight season, variable emergence, lack of collection 
pressure on larvae, and increased conservation awareness probably 
mitigated serious collecting impacts.
    Neither the city of Gainesville, Florida, nor Alachua County have 
local ordinances which mandate special local protection for the 
dragonfly or the habitat at Rock Creek (M. Drummond, Alachua County 
Environmental Protection Department, pers. comm.). Both Florida and 
Georgia have statutes intended to provide special protection and 
conservation measures for species designated according to specific 
criteria within the respective state laws. Say's spiketail dragonfly 
currently has no special designation in either state.
    Agencies administering and managing parks and preserves in both 
states prohibit the removal of non-exempt fauna and flora from lands 
entrusted to them without prior written permission from the authorized 
representative (B. Wert in litt. 1995, D. Bryan in litt. 1995). The 
same requirement applies to the Florida state forest system (V. 
Compton, pers. comm.).
    The current status and condition of the Lake City collection site 
is unknown since the collections were made nearly 100 years ago and 
exact locations were not specified. The Camp Crystal Lake site consists 
of open fields and three ravines administered respectively by the 
Alachua County School Board and the city of Keystone Heights Airport 
Authority. Both areas have controlled access. Leases provided to Camp 
Crystal Lake and Keystone Heights Sportsmen's Club by the Airport 
Authority which permit ravine access also prohibit property destruction 
or alteration as well as the removal of any plants or animals other 
than specified game animals without prior permission from the lessor 
(G. Reid, Keystone Heights, Airport Authority, pers. comm., 1994). An 
Airport Authority property manager patrols the areas three days a week.
    Although existing regulatory mechanisms do not protect all Say's 
spiketail habitat, available information indicates that some protection 
is being afforded on public lands.
    The Clean Water Act (section 404) is the primary federal law that 
provides some protection of aquatic habitats determined by the U.S. 
Army Corps of Engineers to be jurisdictional wetlands. These laws 
provide no protection against modification or development of upland 
habitats adjacent to the seepage breeding sites.
    Where habitat of this species occurs on other Federal lands, 
including but not limited to the Forest Service, Park Service and 
Department of Defense, each agency's standard natural resource and 
wildlife protection guidance are implemented.
    Mauffray (in litt. 1994) expressed concern for the Rock Creek 
population's survival from other man-made and natural factors such as 
insecticides, fertilizers from adjacent turf and landscape areas, fire, 
and drought. The Service acknowledges that man-made drains traversing 
the Rock Creek riparian corridor could serve as conduits for limited 
point and non-point source pollution within breeding sites. Mosquito 
spraying also may impact adult dragonflies and chemicals reaching 
breeding sites from sheet flow of surface and subsurface waters 
likewise may impact larvae. Information which substantiates these 
impacts, however, was not found. The dragonfly's apparent semi-aquatic 
larval stage should help it survive periods of low water. The Service 
considers the probable impacts from fire low because of the habitat's 
relative resistance to burning. The potential impact of agriculture and 
silviculture on habitat rangewide is unknown.
    The distance separating known collection sites suggests that gene 
flow among populations of this habitat specialist was historically 
restricted. The adults' presumed short flight range further restricts 
potential exchange of genetic material. Although impacts to the Rock 
Creek deme (local populations with little or no outbreeding) might 
result in some loss of genetic diversity from the species genome, it 
would have little or no significance to the genetic fitness of other 
demes.
    The Service believes that the floodwater retention project, if 
implemented, would not result in the extirpation of the Rock Creek 
population. An analysis of historic population fluctuations and 
Westfall and Mauffray's 1993 Rock Creek study does not support their 
contention that additional flooding would severely impact this 
dragonfly. Other factors such as chemicals, fire, and drought were 
assessed for cumulative impacts. Some impact might be expected if the 
factors occurred close enough in time to affect multiple life stages or 
generations. The Service's position is that the factors are either not 
factually supported and/or that the probability for their close 
temporal occurrence resulting in cumulative impacts is very low. The 
petitioner's concern for imminent impact to the population from the 
proposed project has been eliminated since Gainesville has placed the 
project on hold for an estimated three to five years while it updates 
its planimetric database (G. Pearson, City Engineer, Public Works 
Department, pers. comm.).
    Seven of the eight historic collection sites remain intact and six 
receive some protection and management. Adults were recently collected 
at one of these sites and suitable habitat also exists at other as yet 
unsurveyed sites. The Service therefore concludes that the probability 
of finding other reproducing populations rangewide is high. The Service 
has funded a systematic survey of historic sites and other public lands 
in portions of Florida, Georgia, and Alabama. The survey hopes to 
better delineate the species' range and distribution. A single specimen 
representing a new site has since been collected at Camp Blanding 
National Guard Military Reservation in Clay County, Florida.
    On the basis of the best available scientific and commercial 
information, the Service finds that listing Say's spiketail dragonfly 
as endangered is not warranted at the present time because the taxon 
presently is not in danger of extinction or likely to become so in the 
foreseeable future. The species will continue to be retained in 
category 2 at least until the results of the current status survey have 
been assessed. Category 2 candidates are those for which information 
now in the 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 proposed rules. In addition, the status 
of the proposed floodwater retention project will be monitored as will 
the Rock Creek population. The condition of new and other existing 
populations will be evaluated and pre-listing conservation actions 
instituted, where feasible, to further protect and restore this species 
and its habitat. The Service will continue to seek additional 
information about population trends, biological vulnerability and 
threats to this species. If additional information becomes available in 
the future indicating that listing as endangered or threatened is 
appropriate, the Service may reassess the listing priority for this 
species.

References

    A complete list of references used in the preparation of this 
finding is available upon request from the Jacksonville Field Office 
(see ADDRESSES section). 

[[Page 36382]]

    Author: The primary author of this document is Mr. John F. Milio 
(see ADDRESSES section).

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

List of Subjects in 50 CFR Part 17

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

    Dated: June 20, 1995.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 95-17386 Filed 7-14-95; 8:45 am]

BILLING CODE 4310-55-P