[Federal Register Volume 62, Number 84 (Thursday, May 1, 1997)]
[Notices]
[Pages 23785-23788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11286]



[[Page 23785]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Notice of an Interagency Agreement for the Conservation of the 
Coral Pink Sand Dunes Tiger Beetle

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of conservation agreement and document availability.

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SUMMARY: The Fish and Wildlife Service (Service) announces agreement 
between the Utah Division of Parks and Recreation (Division); the U.S. 
Bureau of Land Management (BLM); the Kane County, Utah Commission; and 
the Service to the provisions of a conservation agreement and strategy 
to provide for the conservation of the Coral Pink Sand Dunes tiger 
beetle. The Service also announces the availability of the document 
containing that conservation agreement/strategy: Conservation Agreement 
and Strategy for the Coral Pink Sand Dunes Tiger Beetle (Cicindela 
limbata albissima) (Conservation Agreement). This species is currently 
a candidate for listing as endangered or threatened under the 
provisions of the Endangered Species Act of 1973, as amended (Act). The 
agreement focuses on identifying, reducing and eliminating significant 
threats to the tiger beetle that warrant its candidate status, and 
enhancing and maintaining the species population and habitat to ensure 
its long term conservation.

DATES: Parties to the Coral Pink Sand Dunes Tiger Beetle Conservation 
agreed to and signed the agreement on April 18, 1997.

ADDRESSES: Persons wishing to review the Conservation Agreement/
Strategy may obtain a copy by contacting the Assistant Field 
Supervisor, U.S. Fish and Wildlife Service, Lincoln Plaza, Suite 404, 
145 East 1300 South, Salt Lake City, Utah 84115. Comments and materials 
received and information used in developing this agreement are 
available on request for public inspection, by appointment, during 
normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Mr. Robert D. Williams, Assistant 
Field Supervisor (see ADDRESSES section) (telephone 801/524-5001).

SUPPLEMENTARY INFORMATION: 

Background

    The Coral Pink Sand Dunes (CPSD) tiger beetle (Cicindela limbata 
albissima) is a terrestrial, predaceous insect in the family 
Cicindelidae. The beetle occurs only at the Coral Pink Sand Dunes. The 
Coral Pink Sand Dunes comprise a dune field about 8 miles long and a 
little less than 1 mile wide. These dunes are located in Kane County 
about 7 miles west of Kanab, Utah. The southern portion of the Coral 
Pink Sand Dunes is within the State of Utah's Coral Pink Sand Dunes 
State Park, managed by the Division. The northern portion of the Dunes 
is on public land managed by the BLM, Kanab Resource Area. The BLM's 
portion of the Coral Pink Sand Dunes is within the Moquith Mountain 
Wilderness Study Area.

Previous Federal Action

    The CPSD tiger beetle is currently a candidate species for listing 
under the provisions of the Act in the Service's most recent Notice of 
Review, February 28, 1996 (61 FR 7596). On April 19, 1994, the Southern 
Utah Wilderness Alliance petitioned the Service to list CPSD tiger 
beetle and designate critical habitat. On September 8, 1994, the 
Director of the Service approved the 90-day petition finding as 
providing substantive information that the species' listing may be 
warranted (59 FR 47293). On November 25, 1996, the Service published a 
Notice in the Federal Register (61 FR 59889) announcing the 
availability of the draft conservation agreement for public comment. 
Public hearings were, also, announced and held in: Kanab, Utah on 
December 4, 1996; in St. George, Utah on December 5, 1996; and in Salt 
Lake City, Utah on December 10, 1996. The Service published a notice 
inviting public comment on the draft conservation agreement in the 
following newspapers: Salt Lake Tribune/Deseret News, Southern Utah 
News (Kanab, Utah), St. George Daily Spectrum, and Las Vegas Review 
Journal/Las Vegas Sun. The announced comment period ended January 24, 
1997.

Summary of Comments and Recommendations

    During the comment period, the Service received both written and 
oral comments from 111 parties, including testimony presented at the 
public hearings. All comments received were from private individuals or 
groups. Written and oral comments from both the public hearing and the 
comment period are combined in the following discussion. Comments 
questioning the conservation agreement are organized into specific 
issues. These issues and joint response of the Service, BLM, and the 
Division to each are summarized as follows:
    Issue 1: the Service and the BLM lack authority to enter into and 
implement conservation agreements under authority of the Act without 
first listing the species pursuant to section 4 of the Act.
    Response: Section 2(b) of the Act declares the intent of the Act is 
to ``* * * provide as means whereby the ecosystems upon which 
endangered and threatened species depend may be conserved * * *'' and 
section 2(c)1 ``* * * all Federal departments and agencies shall seek 
to conserve endangered species and threatened species * * *''. Section 
3(17) of the Act directs the Secretary of the Interior (through the 
Fish and Wildlife Service) to ``* * * establish a program to conserve 
fish and wildlife and plants * * *'' Nothing in the Act precludes the 
Service from proactive measures to provide early conservation to 
endangered or threatened species. The Service has in several instances 
developed conservation agreements with other parties responsible for 
the management of the habitat of those species. The conservation 
agreement approach enables land managing agencies such as the BLM and 
the Division, to use their authorities to implement conservation 
programs that have the potential to conserve and recover species that 
are tending toward endangerment. The BLM has broad authority under 
sections 201, 203, and 307 of the Federal Land Management Policy Act to 
plan for and manage ecosystems on lands under its jurisdiction. The 
conservation agreement and strategy has been clarified to more 
accurately reflect this information.
    Issue 2: The Utah Division of Parks and Recreation lacks authority 
to enter into and implement conservation agreements under the authority 
of the Utah Off-Highway Vehicle Act (OHV).
    Response: The Division has the authority to enter into and 
implement conservation agreements within both the Utah Off-Highway 
Vehicle Act, Utah Code Annotated (UCA) 41-22-1 and UCA 63-11-19 that 
authorize the Division to enter into contracts and agreements with the 
government of the United States. Additional discussion of the 
Division's authority has been added to the conservation agreement.
    Issue 3: The draft agreement requires independent National 
Environmental Policy Act (NEPA) compliance. The agreement is not 
consistent with a similar BLM effort in Idaho.
    Response: The Conservation Agreement and Strategy is being 
developed for planning purposes. Before any on-the-ground actions can 
occur on

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BLM administrated lands, a determination must be made whether or not 
the Conservation Agreement and Strategy is consistent with BLM's 
Vermillion Land Use Plan and whether or not additional NEPA analysis is 
required. If the Conservation agreement is not consistent with the plan 
then it must be incorporated into the plan through an amendment 
process. NEPA compliance in the form of an environmental assessment 
would accompany this amendment. As a result of conversations (pers. 
comm. Ronald Bolander, Bureau of Land Management, Salt Lake City, Utah, 
1997) with Idaho BLM personnel, Utah BLM has determined that this 
process is consistent with a similar action involving another species 
of tiger beetle that occurs in that State. The Conservation Agreement 
has been clarified to more accurately reflect this information.
    Comment 4: Is this decision subject to administrative appeal and in 
what manner may affected parties pursue their appeal rights.
    Response: Protest and appeal rights come at the point of decision 
following application of NEPA. In this situation the right to protest 
to the BLM Director would be initiated by a decision record for a land 
use plan amendment. If it is determined that the Conservation Agreement 
and Strategy is not consistent with the existing land use plan the 
right to appeal a decision to the Interior Board of Land Appeals would 
begin with the signing of a Decision Record for an on-the-ground action 
following the preparation of an Environmental Assessment with or 
without an accompanying plan amendment. The procedures for plan 
amendments, preparation of NEPA documents and protests and appeals are 
detailed in BLM's 1610 and 1792 Manuals and in 43 CFR Part 4.
    Comment 5: Analysis of applicable BLM planning regulations prevents 
implementation of the draft agreement * * * the BLM managed lands lie 
within the Moquith Mountain Wilderness Study Area * * * The interim 
Wilderness Study Area policy precludes implementation of the proposed 
activity by BLM.
    Repsonse: Wilderness Study Area designation does not preclude 
preparation of planning documents such as conservation agreements and 
strategies and land use plan amendments. Nor does it preclude any 
subsequent on-the-ground actions so long as they are nonimpairing as 
defined by the Interim Management guidelines. Preparation of the 
Conservation Agreement for the CPSD tiger beetle, subsequent land use 
planning evaluations and NEPA related actions fail within these 
guidelines.
    Comment 6: Since the presence of the species has been known for 
years, why hasn't it been addressed through legally outline planning 
processes rather than through a special extra legal inter-agency 
agreement?
    Response: The conservation of the CPSD tiger beetle has been 
recognized as an issue during public scoping for BLM and Division 
planning efforts for several years. Meetings from the late 1980's to 
present have recognized the presence of the species and the need for 
special conservation measures on the Coral Pink Sand Dunes. The 
Conservation Agreement and Strategy will provide useful guidelines for 
future management for both the State and Federal portions of the Coral 
Pink Sand Dunes.
    Comment 7: There is no basis for a 10-year duration of the proposed 
conservation agreement.
    Response: Ten years is a reasonable period of time to evaluate the 
species biological response to the intended land management actions. It 
is also an adequate time frame for agency land use actions to be 
implemented. The parties to the Conservation Agreement will review the 
success of the strategy annually to determine its adequacy and need.
    Comment 8: Biological research data fails to show substantial 
jeopardy to tiger beetle populations to justify the proposed 
conservation actions.
    Response: The scientific information on hand demonstrates that 
several biotic and abiotic factors are actively and potentially 
affecting the species including: recreational off-road vehicle use, 
parasitism, periodic climatic conditions, and over-collecting of 
specimens, resulting in a very small species population and restricted 
range.
    Comment 9: The no-play restriction in the travel corridor 
comprising the eastern portion of ``Conservation Area A'' should be 
removed.
    Response: The eastern portion of ``Conservation Area A'' contains 
occupied habitat of the CPSD tiger beetle. In reviewing the final 
boundary, the Conservation Planning team determined that it is 
essential for the conservation of the species that OHV use be kept to a 
minimum in this area.
    Comment 10: The Conservation Agreement ignores collection threats 
to the CPSD tiger beetle.
    Response: Collection threats are acknowledged in the studies that 
contributed to the biological basis for the conservation agreement. 
Control of collection is identified in ``Action 1'' of the 
``Conservation Actions to be Implemented'' section of the agreement. 
The final conservation agreement explicitly provides for control of 
collection on both BLM and State Park portions of the Coral Pink Sand 
Dunes.
    Comment 11: Implementation of the draft conservation agreement may 
tend to concentrate non-motorized visitors in the best occupied habitat 
of the CPSD tiger beetle.
    Response: Visitor education is expected to develop knowledge of and 
sensitivity to critical areas within the conservation areas. Effective 
education along with adequate signing and both recreational and 
biological monitoring should avoid this potential problem. To date 
biological date has not indicated an existing problem with human foot 
traffic within the species habitat. However, monitoring will continue 
and if impacts to the species population become apparent the parties to 
the agreement will address them appropriately.
    Comment 12: The parties to the agreement have inadequate resources 
to provide on-the-ground enforcement of the conservation agreement.
    Response: The Conservation Agreement identifies the resources 
available to implement the agreement (see pages 6-8). The Division has 
two full time park rangers with law enforcement authority assigned to 
Coral Pink Sand Dunes State Park. These two rangers along with the 
Bureau's law enforcement officer in the Kanab Area Office will provide 
supervision of use within the species two conservation areas. The 
Division, Bureau, and Service will provide additional resources such as 
signing, visitor education, and strategic fencing to implement the 
conservation agreement and strategy.
    Comment 13: The seasonal and weather effects on the CPSD tiger 
beetle vulnerability vary markedly from wet to dry periods. Therefore, 
restrictions on OHV use should be relaxed during dry summer periods.
    Response: Degradation of larval interdunal swale habitat remains a 
significant concern regardless of current moisture conditions of the 
sand dunes. It is difficult and confusing to the publics to vary 
vehicle use restrictions during the recreational season. The approach 
taken by the Conservation Team is to provide maximum conservation area 
for the species while minimizing affects to off-road recreational use 
areas.
    Comment 14: Coral Pink Sand Dunes tiger beetle habitat should be 
more narrowly defined to include only the occupied interdunal larval 
beds. That, with seasonal use restrictions, would

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provide adequate protection for the species.
    Response: Based on current research and principals of conservation 
biology, the planning team has established buffers around the species 
occupied larval habitat to protect aestivating adults. As more 
biological information becomes available these ares will be reviewed by 
the Conservation Team.
    Comment 15: The CPSD tiger beetle population may lack genetic 
variability and the species inadequate heterozygosity may cause 
eventual extinction regardless of conservation measures.
    Response: Many species, including tiger beetles, have persistent 
populations with low genetic variability. Recently, Volger and others 
(1993) showed that another endangered tiger beetle, Cicindela d. 
dorsalis, with a large historic range from Virginia to Massachusetts, 
has very low genetic variability both at present and historically. 
Nevertheless, as a precaution to prevent extinction of the CPSD tiger, 
it is essential that conservation efforts include maintaining, to the 
maximum extent possible those portions of the species natural 
environment.
    Comment 16: The Conservation agreement improperly claims to 
implement safety regulations.
    Response: The Utah Division of Parks and Recreation is motivated to 
conserve the Coral Pink Sand Dunes' biological resources as well as to 
enhance public safety. The Division disagrees that documented accidents 
must occur as justification for concern and management action in 
association with the conservation agreement. Both motorized and non-
motorized user groups have articulated complaints regarding potential 
threats to safety. The Division is reasonable and prudent in responding 
proactively to minimize exposure to this risk. Improved safety for all 
park users is an important side benefit of the Conservation Agreement.
    Comment 17: The Conservation Agreement impacts less experienced 
riders and children disproportionately due to the travel restrictions 
identified in Conservation Area ``A''.
    Response: Inexperienced riders and children will continue to have 
opportunity to enjoy motorized recreation both on the BLM portion of 
the dunes near established access points as well as near the main 
access point near the State park campground. These areas provide easy 
to ride low angle dunes suitable to the novice rider.
    Comment 18: The Conservation Agreement depends on narrow 
unpublished data insufficient to justify its proposed actions.
    Response: The signatories to the Conservation Agreement have based 
the proposed actions on the best scientific information available. The 
Service finds the reports on the ongoing scientific research on the 
CPSD tiger beetle well documented and consistent with accepted 
biological research procedures and techniques. Population and habitat 
monitoring and scientific research will continue using the best 
techniques available. Additional biological and habitat information 
will be incorporated into the management of the species conservation 
areas.
    Comment 19: The CPSD tiger beetle (Cicindela limbata albissima) 
occurs else where in western North America including sand dunes in 
Idaho.
    Response: As described above in the background information, the 
CPSD tiger beetle is found nowhere else other than the Coral Pink Sand 
Dunes. The Idaho dunes tiger beetle (Cicindela arenicola) is a 
different species.
    Comment 20: The Conservation Agreement cannot compromise CPSD tiger 
beetle conservation to accommodate OHV recreation.
    Response: All parties to the agreement are convinced that the full 
implementation of the Conservation Agreement will provide protection to 
the CPSD tiger beetle equivalent to or greater than the species would 
receive if it were listed under the provisions of the Act. In addition, 
parties to the agreement have committed that if the conservation 
measures are not adequate, the agreement will be modified to remedy any 
shortcoming.
    Comment 21: The Conservation Agreement does not provide a balanced 
approach to recreational opportunities.
    Response: The stated purpose of the Conservation Agreement is to 
identify those areas crucial for the conservation of the CPSD tiger 
beetle and those activities consistent with the species conservation 
within those areas.
    Comment 22: The Conservation Agreement allows OHV use to continue 
without critical information concerning specific needs of CPSD tiger 
beetle population and habitat. Information gaps include: demographic 
and other population measurement needs in defining and maintaining a 
minimum viable population; information supporting 2,000 adult 
individuals per population as a recovery goal; information indicating 
that a protected corridor of potential habitat between populations is 
or is not necessary.
    Response: The parties to the Conservation Agreement have based the 
proposed conservation actions on the best scientific information 
available. Techniques for determining minimum viable population 
estimates for insects have not been developed. The immediate goal is to 
maintain its population at the optimum numbers consistent with the 
species occupied habitat. The species optimum population level may 
change as a consequence of additional research. The species has two 
known sub-populations. Each is protected in each of the two 
conservation areas. it is not known if other sub-populations occur. 
Currently no known high quality habitat occurs outside Conservation 
Area A. The maintenance of both populations within their respective 
conservation areas is critical as a hedge against a catastrophic event 
in either population. The Conservation Agreement requires the involved 
parties to adjust population numbers and habitat areas as new and 
refined information concerning the species population and ecology is 
acquired.
    Comment 23: The draft conservation agreement does not promote the 
overall Coral Pink Sand Dunes ecosystem health by focusing only on the 
CPSD tiger beetle.
    Response: Other Bureau and Division planning efforts are underway 
which will address conservation issues related to the Coral Pink Sand 
Dunes ecosystem as a whole. The CPSD tiger beetle conservation 
agreement will be incorporated into these other ecosystem planning 
efforts to benefit other species, thus effectively promoting ecosystem 
health.
    Comment 24: Protect the CPSD tiger beetle and the natural 
environmental integrity of the Coral Pink Sand Dunes.
    Response: The express purpose of the conservation agreement is the 
protection of the CPSD tiger beetle and its habitat. The involved 
parties are in agreement that with the implementation of the agreement, 
conservation will occur as a consequence of the efforts of all parties 
and the public at large.
    Comment 25: Do not close the Coral Pink Sand Dunes to motorized 
recreation.
    Response: The majority of the Coral Pink Sand Dunes will remain 
open to all recreational use including OHVs. Motorized travel will be 
restricted or prohibited in an area of less than 20 percent of the 
dunes.

Conservation Agreement

    The Service has assessed existing and potential threats facing the 
species based on the five criteria as required by Section 4(a)(1) of 
the Act. Within each of these criteria, several factors which have 
contributed to the degradation of

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CPSD tiger beetle habitat and its populations were identified (59 FR 
47293). The Conservation Agreement provides conservation measures to 
adequately address each of those factors. The Conservation Agreement 
focuses on the following goals: (1) Permanently protect CPSD tiger 
beetle habitat in two designated conservation areas within the 
historical range of the species. (2) Establish a continuing management 
program that educates and enforces CPSD tiger beetle conservation 
measures within the Coral Pink Sand Dunes. (3) Monitor the CPSD tiger 
beetle population to demonstrate those conservation measures taken for 
the species are maintaining it at viable population levels. (4) Gain 
additional biological and ecological information concerning the beetle 
and its dune habitat. (5) Form a conservation advisory committee to 
coordinate all conservation actions and to act as an information 
gathering and dissemination center. (6) Provide for both motorized and 
non-motorized recreation within the Coral Pink Sand Dunes consistent 
with the conservation of the CPSD tiger beetle.
    The Conservation Agreement will provide for the recovery of the 
CPSD tiger beetle by establishing a framework for cooperation and 
coordination among all involved parties. It will also establish a frame 
work for conservation efforts, setting recovery priorities, and 
establishing costs and responsibilities of the various tasks necessary 
to accomplish the recovery priorities.
    Author: The primary author of this notice is John L. England (see 
ADDRESSES section) telephone 801/524-5001).

Authority

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

    Dated: April 21, 1997.
Terry T. Terrell,
Deputy Regional Director, Denver, Colorado.
[FR Doc. 97-11286 Filed 4-30-97; 8:45 am]
BILLING CODE 4310-55-M