[Federal Register Volume 71, Number 87 (Friday, May 5, 2006)]
[Proposed Rules]
[Pages 26444-26448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6791]
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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 on
a Petition To List the Andrews' Dune Scarab Beetle as Threatened or
Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to list the Andrews' dune scarab beetle
(Pseudocotalpa andrewsi) as threatened or endangered under the
Endangered Species Act of 1973, as amended. We find the petition does
not provide substantial information indicating that listing the
Andrews' dune scarab beetle may be warranted. Therefore, we will not be
initiating a status review in response to this petition. We ask the
public to submit to us any new information that becomes available
concerning the status of the species or threats to it or its habitat at
any time.
DATES: The finding announced in this document was made on May 5, 2006.
ADDRESSES: The complete file for this finding is available for public
inspection, by appointment, during normal business hours at the
Carlsbad Fish and Wildlife Office, U.S. Fish and Wildlife Service, 6010
Hidden Valley Road, Carlsbad, CA 92011. New information, materials,
comments, or questions concerning this species may be submitted to us
at any time at the above address.
FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, Carlsbad
Fish and Wildlife Office (see ADDRESSES section above), by telephone at
760-431-9440, or by facsimile to 760-431-9624.
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the Endangered Species Act of 1973, as
amended (Act) (16 U.S.C. 1531 et seq.), requires that we make a finding
on whether a petition to list, delist, or reclassify a species presents
substantial scientific or commercial information to indicate that the
petitioned action may be warranted. We are to base this finding on
information provided in the petition, supporting information submitted
with the petition, and information otherwise available in our files at
the time we make the determination. To the maximum extent practicable,
we are to make this finding within 90 days of our receipt of the
petition and publish a notice of this finding promptly in the Federal
Register.
Our standard for substantial information within the Code of Federal
Regulations (CFR) with regard to a 90-day petition finding is ``that
amount of information that would lead a reasonable person to believe
that the measure proposed in the petition may be warranted'' (50 CFR
424.14(b)). If we find that substantial information was presented, we
are required to promptly commence a review of the status of the
species.
In making this finding, we relied on information provided by the
petitioners and information otherwise available in
[[Page 26445]]
our files at the time of petition review and evaluated that information
in accordance with 50 CFR 424.14(b). Our process of coming to a 90-day
finding under section 4(b)(3)(A) of the Act and section 424.14(b) of
our regulations is limited to a determination of whether the
information in the petition meets the ``substantial information''
threshold.
On December 13, 2002, we received a formal petition dated December
12, 2002, from the Center for Biological Diversity requesting the
Andrews' dune scarab beetle (Pseudocotalpa andrewsi) be listed as
threatened or endangered in accordance with section 4 of the Act.
Action on this petition was precluded by court orders and
settlement agreements for other listing actions that required nearly
all of our listing funds for fiscal year 2003. On December 9, 2004, we
received a 60-day notice of intent to sue, and on December 1, 2005, we
received a complaint regarding our failure to make the 90-day and 12-
month findings on the status of the Andrews' dune scarab beetle. On
January 12, 2006, we reached an agreement with the plaintiffs to submit
to the Federal Register a completed 90-day finding by April 28, 2006,
and to complete, if applicable, a 12-month finding by January 26, 2007
(Case No. 05 CV 1988 BEN (BLM) S.D.CAL). This notice constitutes the
90-day finding for the December 12, 2002, petition.
Previous Federal Actions
In a proposed rule that included 10 North American beetles, the
Service proposed to list as threatened and designate critical habitat
for the Andrews' dune scarab beetle on August 10, 1978 (43 FR 35636).
Without citing any literature, species experts, or other scientific
authority to support the various claims in the proposal, we indicated
that the action was being taken for the 10 beetles because of
``decreased population levels and anticipated adverse modification of *
* * habitat.'' Specifically regarding the Andrews' dune scarab beetle,
the Service stated that the ``continued disruption of dune troughs by
off-road vehicles [ORVs] prevents the accumulation of dead organic
matter upon which the immature stages of this beetle feed.'' On October
1, 1980 (45 FR 65137), we published a notice of withdrawal for the
proposed rule to list the Andrews' dune scarab beetle and seven other
beetles because the 1978 amendments to the Act mandated withdrawals for
all proposals not finalized within two years. As a result, the Andrews'
dune scarab beetle currently has no Federal regulatory status.
Species Information
Within the subtribe Areodina of North American scarab beetles
(family Scarabaeidae), Hardy described the Andrews' dune scarab beetle
(Pseudocotalpa andrewsi) as a monotypic species within a new genus in
1971. Subsequently, Hardy (1974) described two additional species of
Pseudocotalpa (P. guilianii and sonorica), along with the note that an
additional 82 specimens of P. andrewsi had been collected from the type
locality near Glamis in Imperial County, California. Andrews' dune
scarab beetles are golden-brown and covered with long, pale, fine
hairs, and range in length from 0.51 to 0.71 inches (in) (13 to 18
millimeters (mm)) (Hardy 1971). The Andrews' dune scarab beetle can be
differentiated from other closely related scarab beetles by its smaller
size, the deep concave shape of the clypeus, and the poorly developed
prothoracic post-coxal spine or knob (Hardy 1971, Hardy 1974).
The Service described the ``specific habitat of the beetles [as]
troughs of loose drifting sand between dunes'' in the 1978 proposed
rule (43 FR 35636). Habitat vegetation type was described as creosote
bush scrub by Hardy and Andrews (1980), but many collections occurred
in areas described as psammophytic (``sand loving'') scrub (Hardy and
Andrews 1980; BLM 2002). Psammophytic scrub vegetation occurs in the
interior portions of sand dunes, most frequently between active dunes
in areas that form depressions (BLM 2003). The Andrews' dune scarab
beetle appears to prefer low dunes on the margin of thickets (dense
patches of scrub vegetation) that form finger-like extensions into the
dunes (Scarabaeus Associates 1991). Andrews reported that all of the
Andrews' dune scarab beetle burrowing mounds that he identified were in
bare ground near thickets and, therefore, density appeared to be
positively correlated with thicket density (Scarabaeus Associates
1991). Thickets are typically dominated by large creosote (Larrea
tridentata); palo verde (Cercidium floridum); ironwood (Olneya tesota)
(Scarabaeus Associates 1991); and other associated plants include
desert buckwheat (Eriogonum deserticola) and desert needle (Palafoxia
arida) (Hardy and Andrews 1980). Bureau of Land Management (BLM 2002)
noted that the ``Andrews' dune scarab beetle is found primarily along
the eastern edge of the dunes in the transitional zone between creosote
bush scrub, psammophytic scrub, and microphyll woodland habitats.''
During periods of inactivity, Andrews' dune scarab beetles remain
buried at the interface of the wet and dry sand, at depths of 2 to 11.8
in (5 to 30 centimeters (cm)) (Hardy and Andrews 1980; Scarabaeus
Associates 1991). Adults have been collected from mid-April through the
first week of May (Hardy and Andrews 1980). The adult flight season
runs from late March to early May (Scarabaeus Associates 1991). Adults
emerge in ``large'' numbers at dusk (Hardy 1971) and fly for 10 to 30
minutes, while congregating in groups of 3 to 20 individuals around
nearby bushes, then move away in pairs to copulate (Hardy and Andrews
1980; Scarabaeus Associates 1991). After copulation, adults rapidly
bury themselves in the sand (Hardy and Andrews 1980). We do not have
information on the life span of this species.
Hardy and Andrews (1980) reported that the Andrews' dune scarab
beetle ``is a species that is (as far as can be determined) endemic to
the Algodones Dunes in Imperial County, California, and probably the
portion of the same dune system that occurs in Baja California Norte,
Mexico.'' However in Hardy's (1971) article describing the new species
and its habitat, the author included a male specimen collected from the
``Yuma Dunes'' in 1960 as referable to the species. Hardy and Andrews
(1980) noted this same collection in their article as well. The Yuma
Dunes occur approximately 15 miles (mi)(28 kilometers) southeast of the
Algodones Dunes, across the Colorado River, in extreme southwestern
Arizona. Moreover, given that such plants as the Peirson's milk-vetch
(Astragalus magdalenae var. peirsonii) are known from the Algodones
Dunes, Yuma Dunes, and Gran Desierto de Altar (Felger 2000), and the
dune sunflower (Helianthus niveus ssp. tephrodes) is known from the
Algodones Dunes and Gran Desierto de Altar (Seiler et al. 2006), it is
possible that the Andrews' dune scarab beetle occurs farther south as
well in the large dune systems of the Gran Desierto de Altar in
northwestern Sonora, Mexico. The Algodones Dunes, Yuma Dunes, and Gran
Desierto are geologically part of the same active dune system (Rinker
et al. 1991). As a result, the Andrews' dune scarab beetle does not
appear to be restricted to the Algodones Dunes of southeastern
California or northeastern Baja California Norte, but rather occurs at
least within the Yuma Dunes of Arizona and potentially within the Gran
Desierto de Altar in northwestern Sonora, Mexico.
[[Page 26446]]
No population estimates are available for this species.
Threats Analysis
Section 4 of the Act and its implementing regulations (50 CFR part
424) set forth the procedures for adding species to the Federal list of
endangered and threatened species. A species may be determined to be an
endangered or threatened species due to one or more of the five factors
described in section 4(a)(1) of the Act: (A) Present or threatened
destruction, modification, or curtailment of habitat or range; (B)
overutilization for commercial, recreational, scientific, or
educational purposes; (C) disease or predation; (D) inadequacy of
existing regulatory mechanisms; or (E) other natural or manmade factors
affecting its continued existence. In making this finding, we evaluated
whether threats to the Andrews' dune scarab beetle presented in the
petition and other information available in our files at the time of
the petition review may pose a concern with respect to its survival.
Our evaluation of these threats is presented below.
A. Present or Threatened Destruction, Modification, or Curtailment of
the Species' Habitat or Range
The petitioners state that ORV activity destroys and modifies
Andrews' dune scarab beetle habitat and curtails its range (range
estimate based on Andrews et al. 1979; Hardy and Andrews 1980). The
petitioners state that the congregating behavior of adult Andrews' dune
scarab beetles during the active season (generally February through
May) renders colonies vulnerable to direct mortality by ORV activity.
The petition uses the arthropod observations of Luckenbach and Bury
(1983) as substantiation.
The petitioners assert that ORVs can also ``adversely modify dune
habitat.'' According to the petition, accumulations of vegetable matter
collected in wind-made troughs may serve as nurseries for Andrews' dune
scarab beetle larval stages, and creosote bushes may be host plants for
the species. The petitioners maintain that because Andrews' dune scarab
beetle reproduction occurs once a year from mid-April through early
May, ORV destruction of accumulated vegetable matter in which larvae
may be developing could eliminate an entire generation. Citing Carpelan
(1995), the petitioners claim that dune buggies adversely modify
Andrews' dune scarab beetle habitat, while they note ``Hardy and
Andrews (1976) concluded that ORVs destroy plant growth within and near
the Algodones Dunes, scatter or crush accumulations of organic matter
likely used by P. andrewsi larvae for nurseries, disrupt layers of
crust which stabilize the dunes, and may upset beetle reproduction.''
The petitioners also claim that if protected areas of the Algodones
Dunes are reopened to ORVs, as described in the draft environmental
impact statement (DEIS) for the Proposed Recreation Area Management
Plan and Amendment to the California Desert Conservation Area Plan (BLM
2002), habitat for the Andrews' dune scarab beetle will be modified or
destroyed and its range within the dune system will likely be
curtailed. The petitioners contend that not only is the Andrews' dune
scarab beetle endemic to the Algodones Dunes, but no recolonization
source exists in the event of population extirpation.
The petition does not discuss or provide specific scientific or
commercial information on distribution and population status of the
Andrews' dune scarab beetle in Mexico or outside of the Algodones Dunes
system.
Evaluation of Information in the Petition and Our Files
The petition and our files contain little information regarding the
threat of ORV use to the Andrews' dune scarab beetle. Luckenbach and
Bury (1983) reported that ``arthropod (mostly beetle) tracks were
twenty-four times more abundant in control plots than in ORV-impacted
plots.'' However, this work was not species-specific (observed tracks
may not be the Andrews' dune scarab beetle or reflect the abundance of
the species), and the sampled plots were placed in areas where no
Andrews' dune scarab beetles have been collected, therefore it is not
clear from these results that Andrews' dune scarab beetle is adversely
impacted by ORV use, or that ORV use constitutes a significant threat
to the beetle. Despite the claim in the petition that Hardy and Andrews
(1976) concluded that ORVs destroy plants within and near the Algodones
Dunes and impact larval nurseries of Andrews' dune scarab beetle, Hardy
and Andrews (1976) did not survey the Algodones Dunes in their insect
surveys in six California and Nevada dune systems and the authors
provided only generalized data of potential adverse effects of off-
highway vehicles (OHVs, also known as ORVs) to ``dune restricted or
adapted insects.'' Carpelan (1995) focused his book chapter on dune
stabilization and the adaptation and speciation of dune insects.
Carpelan's work was largely derived from Hardy and Andrews (1976) and
he gave Andrews' dune scarab beetle as an example of a dune endemic.
While Hardy and Andrews (1976) and Carpelan (1995) expressed concern
regarding the general effects of OHVs to dunes (especially stabilized
dunes), neither paper supported any assertion of OHVs ``adversely
modify dune habitat'' of the Andrews'' dune scarab beetle. Similarly,
the statements in the 1978 proposal to list the Andrews' dune scarab
beetle regarding the decreased population levels and OHV impacts were
not supported by the available scientific information.
An additional report by Andrews (Scarabaeus Associates 1991)
provides little additional insight into the potential impact ORV use
may have on Andrews' dune scarab beetles or their habitat. Although his
study was intended to investigate the potential impacts of ORV use on
the Andrews' dune scarab beetle, conclusions regarding the impact of
ORV use on Andrews' dune scarab beetle could not be derived from the
study as designed. Plots were placed based on collection records and
expert opinion of habitat suitability, not randomized within use
designation areas or a larger reasonable subset of dune habitat, such
as the central upland-lowland dune transition areas where most beetles
have been collected. The only measure of ORV activity was BLM use
classification (Intensive, Moderate, Limited, and Controlled (no
access)). Andrews (Scarabaeus Associates 1991) did not detect any
individuals in ORV Intensive use classification plots where most early
collections of Andrews' dune scarab beetle were made. However, no
individuals were detected in Controlled use (closed to ORV use)
classification plots either, where habitat appeared ``excellent,'' and
``significant'' populations had been detected in previous years. Most
beetle detections were made in plots located within the two
intermediate ORV use classification areas (Moderate and Limited). An
``extensive'' search of a greater area classified as Controlled
resulted in detection of only two individuals. Andrews' study
(Scarabaeus Associates 1991) indicates that occupancy of habitat
patches may shift regardless of habitat suitability or ORV impacts but
did not demonstrate impacts of ORV use on Andrews' dune scarab beetle
abundance.
The petitioners assert that only one population of the Andrews'
dune scarab beetle, a species endemic to the Algodones Dunes, exists.
As discussed above, however, the species has been collected from the
Yuma Dunes in Arizona. Moreover, given that the
[[Page 26447]]
federally threatened Peirson's milk-vetch (Astragalus magdalenae var.
peirsonii) is known from the Algodones Dunes, Yuma Dunes, and Gran
Desierto de Altar (Felger 2000), and the dune sunflower (Helianthus
niveus ssp. tephrodes) is known from the Algodones Dunes and Gran
Desierto de Altar (Seiler et al. 2006), it is possible that this dune
species occurs farther south as well in the large dune systems of the
Gran Desierto de Altar in northwestern Sonora, Mexico. Information
provided with the petition and in our files does not indicate that the
Yuma Dunes or the sand dune systems within the 5,000 square mi (1.3
million ha) of the Gran Desierto de Altar have been surveyed for the
Andrews' dune scarab beetle.
We find that, due to weak, incomplete, or nonexistent information
regarding impacts to the Andrews' dune scarab beetle from ORV use, the
petition and our files do not present substantial information that the
petitioned action may be warranted. No other information regarding
Factor A was contained in the petition or our files. Because the known
populations in the United States exist on lands owned and managed by
BLM, it is unlikely to be subject to other forms of habitat
modification under Factor A, such as loss of habitat due to
development.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
The petition states no data are available. We have no scientific or
commercial information in our files indicating that overutilization of
the beetle exists for commercial, recreational, scientific, or
educational purposes, and the petition did not provide any such
information.
C. Disease or Predation
The petition states that natural predation affects the population
but does not describe any effects. The petition states that effects of
disease on the Andrews' dune scarab beetle are unknown, and we have no
information in our files to indicate that either disease or predation
threatens the beetle.
Evaluation of Information in the Petition and Our Files
Some information available in our files provided specific
observations of predation. Hardy and Andrews (1980) stated that
``[d]uring evening flights, night hawks were observed to be important
predators of Pseudocotalpa.'' Andrews (Scarabaeus Associates 1991)
observed nighthawk and scorpion predation, noting that nighthawks
appeared to actively search occupied sites for Andrews' dune scarab
beetles. However, review of the petition and information in our files
did not provide substantial scientific or commercial information that
mortality by predation or disease may threaten survival of the species
across its range.
D. Inadequacy of Existing Regulatory Mechanisms
The petitioners assert that existing regulatory mechanisms are
inadequate to protect this Algodones Dunes species from extinction. The
petition states that past administrative plans and legal requirements
to monitor and conserve the Andrews' dune scarab beetle have not been
implemented by BLM. Current management plans allow ORV activity in the
majority of the known range of the Andrews' dune scarab beetle on BLM
lands in the Algodones Dunes (94 percent of all creosote scrub and 84
percent of all psammophytic scrub).
All known Andrews' dune scarab beetle habitat in the United States
is on land managed by the BLM (Andrews et al. 1979; Hardy and Andrews
1980; BLM and CDFG 1987). The petitioners state that, although the
sensitive, potentially endangered status of the Andrews' dune scarab
beetle and adverse impacts of ORVs on the species have been made known
to BLM (Hardy and Andrews 1976), the use of ORVs continues to be
permitted in sensitive beetle habitat. According to the petition, the
preferred alternative management plan in the DEIS (BLM 2002) would
result in relaxed conservation measures for the species, including
reopening thousands of acres of protected habitat to ORV use (see
Factor A discussion above).
The petition notes that three planning documents for the Algodones
Dunes Wildlife Habitat Area have addressed management of ORV use and
the Andrews' dune scarab beetle: the 1972 Recreation Management Plan,
the 1980 California Desert Conservation Area Plan, and the 1987
Recreation Area Management Plan for the Imperial Sand Dunes (RAMP) (BLM
and CDFG 1987). The previously implemented RAMP called for a reduction
in the proposed level of recreation development and dispersal of
intensive recreational use within Class I areas. The RAMP included the
Algodones Dunes Wildlife Habitat Management Plan (HMP), implemented
under the authority of the Sikes Act (16 U.S.C. 670a-670o). The HMP
recommended biennial surveys for the Andrews' dune scarab beetle (p.
22): ``Permanent plots will be evaluated biennially, and results will
be compared to existing information to determine trend, until a
satisfactory amount of data are gathered. Supplementary and monitoring
studies will be through contract * * *.''
The petition reports that only one set of surveys was ever
conducted (Scarabaeus Associates 1991), and although the report could
not be located by the petitioners, it is in our files. The petition
notes that permanent monitoring of the Andrews' dune scarab beetle was
recommended in the HMP, but surveys have not been conducted for the
past decade. The petition notes that the RAMP also stipulated that
localized surveys be conducted for the Andrews' dune scarab beetle
prior to approval of particular development projects. The petition
concludes that no available documents indicate that the stipulated
surveys were conducted, although a number of the named development
projects were approved and completed.
The petition quotes a recent DEIS (BLM 2002) that ``little is known
about the biology of this beetle, [and] current information about the
distribution and preferred habitat at the Plan Area is not available *
* *. No information about threats to this species is available.'' The
petition claims this assessment of the species is inaccurate given
information presented in the petition. The petition notes that the HMP
mandated collection of demographic and distributional information would
have provided relevant additional information regarding the species.
Additionally, no data were presented in the DEIS regarding the
distribution of the Andrews' dune scarab beetle, although such data are
required before land-use decisions are made to ensure the species is
not jeopardized. The petitioners also note that the DEIS recognizes
``OHV activity tends to be concentrated within the psammophytic scrub.
As a consequence, some special-status wildlife species such as * * *
endemic dune beetles occurring in these dunes would be killed or
injured by OHV activity.'' The preferred alternative in the DEIS
(Alternative 2) would allow 198,220 ac (80,217 ha) of the Algodones
Dunes to be open to ORV use, and only the relatively small 27,695-ac
(11,208-ha) portion of the Algodones Dunes would remain as off-limits
to ORVs.
Evaluation of Information in the Petition and Our Files
Focusing on the concerns expressed by the petitioners, the final
and currently implemented RAMP (BLM 2003) does not address specific
conservation, research, or monitoring of the Andrews' dune scarab
beetle. The only mention of Andrews' dune scarab
[[Page 26448]]
beetle is a note on page 32, recognizing that the beetle is a ``poorly
known'' BLM sensitive species (Issues, Concerns, and Opportunities
section). The final RAMP utilizes the preferred alternative in the DEIS
(Alternative 2) discussed in the petition. Under the final RAMP, all-
terrain vehicle, motorcycle, truck, and dune buggy ORV use will be
prohibited in the 26,202 ac (10,601 ha) North Algodones Dunes
Wilderness Recreation Management Area. The wilderness area closed to
ORV use under the final RAMP is 18 percent of the BLM-managed Imperial
Sand Dunes Recreation Area known to contain Andrews' dune scarab beetle
habitat (not including the Dune Buggy Flats Recreation Management Area
uplands where studies have not detected Andrews' dune scarab beetle)
(Hardy and Andrews 1980; BLM 2002). Historically, most Andrews' dune
scarab beetle observations were concentrated in the Glamis Recreation
Management Area (Hardy and Andrews 1980), which has the highest
allowable recreation impacts under the final RAMP. As stated above,
interim vehicle use closure areas designated for the threatened
Peirson's milk-vetch plant (Astragalus magdalenae var. peirsonii) and
desert tortoise (Gopherus agassizii) through legal stipulation (BLM
2002), including approximately 49,000 ac (19,829.6 ha) of the Andrews'
dune scarab beetle range, were not maintained (they were opened to ORV
use) under the final RAMP (BLM 2003).
Regardless of whether the petition or the above description
accurately details the historic, existing, and proposed management and
monitoring of the Algodones Dunes by the BLM, the central issue is
whether such management is inadequate because the associated ORV
activity has adversely affected or will adversely affect the Andrews'
dune scarab beetle such that listing may be warranted. Though the
petitioners claim they ``were unable to find a single study documenting
positive or even neutral effects of ORVs'' after completing a
comprehensive review of scientific literature regarding ORV impacts on
desert flora and fauna, the petition and our files do not contain any
direct or substantial evidence that ORV activity is adversely affecting
the Andrews' dune scarab beetle. Despite the assertion from the
petitioners that ``a sufficient body of information on negative effects
of ORVs on arthropods in the Algodones Dunes exists to indicate the
species is imperiled,'' the often cited study by Hardy and Andrews
(1976) did not address the Algodones Dunes or the Andrews' dune scarab
beetle, while the counting of arthropod tracks in the Luckenbach and
Bury study (1983), also cited many times by the petitioners, was not
specific to Andrews' dune scarab beetle and does not necessarily
correlate to the beetle. Moreover, the results of Andrew's study
(Scarabaeus Associates 1991) intended to investigate the impact of ORV
use on the Andrews' dune scarab beetle indicated that beetle abundance
was not correlated with BLM ORV use designations, and that occupancy of
habitat patches may shift regardless of habitat suitability or ORV
impact. However, as noted above, due to study design limitations, the
impact of ORV use could not be adequately determined. In fact, another
possible hypothesis that could support the study data is that some
disturbance of the dunes is beneficial to the beetles, as the most
beetles were collected in areas open to moderate disturbance, and no
beetles were collected in a formerly occupied area where disturbance
may have been reduced by closure. Because of the weak information on
the effects of ORVs to the Andrews' dune scarab beetle and the lack of
information supporting species-specific threats, there is no basis for
finding that existing regulatory protections are inadequate.
Accordingly, we find that the petition and our files do not present
substantial scientific or commercial information that the petitioned
action may be warranted.
E. Other Natural or Manmade Factors Affecting the Species' Continued
Existence
Without citing any scientific references or studies, the petition
states that pesticide use in the agricultural areas of the Imperial
Valley is likely having negative impacts on the species through
pesticide drift into the dunes and that spraying programs for the curly
top leafhopper virus are also likely directly impacting the species.
The petition also included the issue of direct mortality from OHV
use in the Andrews' dune scarab beetle habitat.
Evaluation of Information in the Petition and Our Files
The assertion provided in the petition that pesticide use is likely
having negative impacts was not supported by any scientific
information, citations, or data. Thus, the petition does not provide
substantial scientific or commercial information documenting loss of
Andrews' dune scarab beetles by pesticide use or how this may threaten
survival of the species across its range, nor is there any additional
information in our files.
The assertion provided in the petition that OHV use is likely to
have negative impacts on direct mortality was not supported by any
scientific information, citations, or data. Therefore, this petition
does not provide substantial scientific or commercial information
documenting loss of Andrews' dune scarab beetles by the use of OHVs.
Finding
We reviewed the petition and supporting information provided with
the petition and evaluated that information in relation to other
pertinent literature and information available in our files at the time
of petition review. After this review and evaluation, we find the
petition does not provide substantial scientific or commercial
information to demonstrate that listing the Andrews' dune scarab beetle
may be warranted at this time. The species information in the petition
and in our files was collected between 1967 and 1991, when most of the
specific data was collected. We encourage interested parties to
continue to gather data that will assist with the conservation of the
species. Information regarding the Andrews' dune scarab beetle may be
submitted to the Field Supervisor, Carlsbad Fish and Wildlife Office
(see ADDRESSES section above) at any time.
References Cited
A complete list of all references cited herein is available, upon
request, from the Carlsbad Fish and Wildlife Office (see ADDRESSES
section).
Author
The primary author of this notice is Alison Anderson, U.S. Fish and
Wildlife Service, Carlsbad Fish and Wildlife Office (see ADDRESSES).
Authority
The authority for this action is section 4 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: May 1, 2006.
H. Dale Hall,
Director, U.S. Fish and Wildlife Service.
[FR Doc. E6-6791 Filed 5-4-06; 8:45 am]
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