[Federal Register Volume 71, Number 143 (Wednesday, July 26, 2006)]
[Proposed Rules]
[Pages 42442-42519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6244]
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Part II
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Proposed Designation of
Critical Habitat for the Hine's Emerald Dragonfly; Proposed Rule
Federal Register / Vol. 71, No. 143 / Wednesday, July 26, 2006 /
Proposed Rules
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AU74
Endangered and Threatened Wildlife and Plants; Proposed
Designation of Critical Habitat for the Hine's Emerald Dragonfly
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
designate critical habitat for the Hine's emerald dragonfly
(Somatochlora hineana) pursuant to the Endangered Species Act of 1973,
as amended (Act). In total, approximately 27,689 acres (ac) (11,205
hectares (ha)) fall within the boundaries of the proposed critical
habitat designation in 49 units located in Cook, DuPage, and Will
Counties in Illinois; Alpena, Mackinac, and Presque Isle Counties in
Michigan; Dent, Iron, Morgan, Phelps, Reynolds, Ripley, Shannon,
Washington, and Wayne Counties in Missouri; and Door and Ozaukee
Counties in Wisconsin. We are, however, considering excluding all 26
units in Missouri and 2 units in Michigan from the critical habitat
designation. If made final, this proposal may result in additional
requirements under section 7 of the Act for Federal agencies. No
additional requirements are expected for non-Federal actions. The
Service seeks comments on all aspects of this proposal from the public.
DATES: Comments: We will accept comments from all interested parties
until September 25, 2006. Public Hearing: We have scheduled one
informational meeting followed by a public hearing for August 15, 2006.
The informational meeting will be held from 6 to 7 p.m., followed by a
public hearing from 7:15 to 9 p.m.
ADDRESSES: Comments: If you wish to comment, you may submit your
comments and materials concerning this proposal by any one of several
methods:
1. You may submit written comments and information to John Rogner,
Field Supervisor, U.S. Fish and Wildlife Service, Chicago, Illinois
Ecological Services Field Office, 1250 S. Grove, Suite 103, Barrington,
Illinois 60010.
2. You may hand-deliver written comments to our office, at the
above address.
3. You may send your comments by electronic mail (e-mail) directly
to the Service at [email protected] or to the Federal eRulemaking Portal at
http://www.regulations.gov.
4. You may fax your comments to (847) 381-2285.
Comments and materials received, as well as supporting
documentation used in the preparation of this proposed rule will be
available for public inspection, by appointment, during normal business
hours at the Chicago, Illinois Ecological Services Field Office at the
above address (telephone (847) 381-2253 extension 233).
Public Hearing: The August 15, 2006, informational meeting and
public hearing will be held in Romeoville, Illinois at the Drdak
Senior/Teen Center at the Romeoville Recreation Center at 900 West
Romeo Road.
FOR FURTHER INFORMATION CONTACT: John Rogner, Field Supervisor, Chicago
Illinois Ecological Services Field Office, 1250 S. Grove, Suite 103,
Barrington, Illinois 60010 (telephone (847) 381-2253, extension 233;
facsimile (847) 381-2285).
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We are seeking public comments on all aspects of this proposed
rule. We intend that any final action resulting from this proposal will
be as accurate and as effective as possible. Therefore, comments or
suggestions from the public, other concerned governmental agencies, the
scientific community, industry, or any other interested party
concerning this proposed rule are hereby solicited.
Comments particularly are sought concerning:
(1) The reasons any habitat should or should not be determined to
be critical habitat as provided by section 4 of the Endangered Species
Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.), including
whether it is prudent to designate critical habitat.
(2) Specific information on the amount and distribution of Hine's
emerald dragonfly habitat; what areas should be included in the
designations that were occupied at the time of listing and that contain
the features essential for the conservation of the species; and what
areas that were not occupied at the time of listing are essential to
the conservation of the species. Information submitted should include a
specific explanation as to why any area is essential to the
conservation of the species;
(3) Land use designations and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat;
(4) Any foreseeable economic, national security, or other potential
impacts resulting from the proposed designation and, in particular, any
impacts on small entities;
(5) Whether our approach to designating critical habitat could be
improved or modified in any way to provide for greater public
participation and understanding, or to assist us in accommodating
public concerns and comments;
(6) Comments or information that would add further clarity or
specificity to the physical and biological features determined to be
essential for the conservation of the Hine's emerald dragonfly (i.e.,
primary constituent elements);
(7) We are considering excluding areas under the jurisdiction of
the Hiawatha National Forest in Michigan, the Mark Twain National
Forest in Missouri, and the Missouri Department of Conservation and
units under private ownership in Missouri from the final designation of
critical habitat under section 4(b)(2) of the Act on the basis of
conservation programs and partnerships. We will also review other
relevant information for units being proposed in this rule as we
receive it to determine whether other units may be appropriate for
exclusion from the final designation under section 4(b)(2) of the Act.
We specifically solicit comment on the inclusion or exclusion of such
areas and:
(a) Whether these areas have features that are essential to the
conservation of the species or are otherwise essential to the
conservation of the species;
(b) Whether these, or other areas proposed, but not specifically
addressed in this proposal, warrant exclusion;
(c) Relevant factors that should be considered by us when
evaluating the basis for not designating these areas as critical
habitat under section 4(b)(2) of the Act;
(d) Whether management plans in place adequately provide
conservation measures and protect the Hine's emerald dragonfly and its
habitat;
(e) Whether designation would assist in the regulation of any
threats not addressed by existing management plans; and
(f) Whether designating these lands may result in an increased
degree of threat to the species on these lands;
(8) Whether lands not currently occupied by the species should be
included in the designation, and if so, the basis for such an inclusion
(this rule proposes to designate only lands currently occupied by the
Hine's emerald dragonfly);
(9) Whether the methodology used to map critical habitat units
captures all of the biological and physical features
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essential to the conservation of the Hine's emerald dragonfly;
(10) Whether the benefit of exclusion in any particular area
outweigh the benefits of inclusion under Section 4(b)(2) of the Act;
(11) Whether the primary constituent elements as described fulfill
the needs for the various life stages of the Hine's emerald dragonfly.
Specifically, whether old fields adjacent to and in near proximity to
larval areas are essential features; and
(12) Whether the small areas of private land within the Hiawatha
National Forest, which is proposed for exclusion, are essential for the
conservation of the Hine's emerald dragonfly.
When submitting electronic comments, your submission must include
``Attn: Hine's emerald dragonfly'' in the beginning of your message,
and you must not use special characters or any form of encryption.
Electronic attachments in standard formats (such as .pdf or .doc) are
acceptable, but please name the software necessary to open any
attachments in formats other than those given above. Also, please
include your name and return address in your e-mail message. If you do
not receive a confirmation from the system that we have received your
e-mail message, please submit your comments in writing using one of the
alternate methods described in the ADDRESSES section. In the event that
our internet connection is not functional, please submit your comments
by one of the alternate methods mentioned in the ADDRESSES section.
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. We will not consider anonymous comments, and we will
make all comments available for public inspection in their entirety.
Comments and materials received will be available for public
inspection, by appointment, during normal business hours at the address
in the ADDRESSES section.
Role of Critical Habitat in Actual Practice of Administering and
Implementing the Act
Attention to and protection of habitat is paramount to successful
conservation actions. The role that designation of critical habitat
plays in protecting habitat of listed species, however, is often
misunderstood. As discussed in more detail below in the discussion of
exclusions under section 4(b)(2) ofthe Act, there are significant
limitations on the regulatory effect of designation under the Act,
section 7(a)(2). In brief, (1) designation provides additional
protection to habitat only where there is a Federal nexus; (2) the
protection is relevant only when, in the absence of designation,
destruction or adverse modification of the critical habitat would in
fact take place (in other words, other statutory or regulatory
protections, policies, or other factors relevant to agency decision-
making would not prevent the destruction or adverse modification); and
(3) designation of critical habitat triggers the prohibition of
destruction or adverse modification of that habitat, but it does not
require specific actions to restore or improve habitat.
Currently, only 470 species, or 36 percent of the 1,311 listed
species in the United States under the jurisdiction of the Service,
have designated critical habitat. We address the habitat needs of all
1,311 listed species through conservation mechanisms such as listing;
section 7 consultations; the section 4 recovery planning process; the
section 9 protective prohibitions of unauthorized take; section 6
funding to the States; the section 10 incidental take permit process;
and cooperative, nonregulatory efforts with private landowners. The
Service believes that it is these measures that may make the difference
between extinction and survival for many species.
In considering exclusions of areas proposed for designation, we
evaluated the benefits of designation in light of Gifford Pinchot. In
that case, the Ninth Circuit invalidated the Service's regulation
defining ``destruction or adverse modification of critical habitat.''
In response, on December 9, 2004, the Director issued guidance to be
considered in making section 7 adverse modification determinations.
This proposed critical habitat designation does not use the invalidated
regulation in our consideration of the benefits of including areas in
this proposed designation. The Service will carefully manage future
consultations that analyze impacts to proposed critical habitat,
particularly those that appear to be resulting in an adverse
modification determination. Such consultations will be reviewed by the
Regional Office prior to finalizing to ensure that an adequate analysis
has been conducted that is informed by the Director's guidance.
To the extent that designation of critical habitat provides
protection, that protection can come at significant social and economic
cost. In addition, the mere administrative process of designation of
critical habitat is expensive, time-consuming, and controversial. The
current statutory framework of critical habitat, combined with past
judicial interpretations of the statute, make critical habitat the
subject of excessive litigation. As a result, critical habitat
designations are driven by litigation and courts rather than biology,
and made at a time and under a time frame that limits our ability to
obtain and evaluate the scientific and other information required to
make the designation most meaningful.
In light of these circumstances, the Service believes that
additional agency discretion would allow our focus to return to those
actions that provide the greatest benefit to the species most in need
of protection.
Procedural and Resource Difficulties in Designating Critical Habitat
We have been inundated with lawsuits for our failure to designate
critical habitat, and we face a growing number of lawsuits challenging
critical habitat determinations once they are made. These lawsuits have
subjected the Service to an ever-increasing series of court orders and
court-approved settlement agreements, compliance with which now
consumes nearly the entire listing program budget. This leaves the
Service with little ability to prioritize its activities to direct
scarce listing resources to the listing program actions with the most
biologically urgent species conservation needs.
The consequence of the critical habitat litigation activity is that
our already limited listing funds are used to defend active lawsuits,
to respond to Notices of Intent (NOIs) to sue relative to critical
habitat, and to comply with the growing number of adverse court orders.
As a result, listing petition responses, the Service's own proposals to
list gravely imperiled species, and final listing determinations on
existing proposals are all significantly delayed.
Because of the risks associated with failing to comply with court
orders, the accelerated schedules imposed by the courts have left the
Service with limited ability to provide for public participation or to
ensure a defect-free rulemaking process before making decisions on
listing and critical habitat proposals. This in turn fosters a second
round of litigation in which those who fear adverse impacts from
critical habitat designations challenge those designations. The cycle
of litigation appears endless, and is very expensive, thus diverting
resources from conservation actions that may provide relatively more
benefit to imperiled species.
The costs resulting from the designation include legal costs, the
cost of preparation and publication of the
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designation, the analysis of the economic effects and the cost of
requesting and responding to public comment, and in some cases the
costs of compliance with the National Environmental Policy Act (NEPA).
These costs, which are not required for many other conservation
actions, directly reduce the funds available for direct and tangible
conservation actions.
Background
It is our intent to discuss only those topics directly relevant to
the designation of critical habitat in this proposed rule. For more
information on the Hine's emerald dragonfly, refer to the final listing
rule published in the Federal Register on January 26, 1995 (60 FR
5267), or the final recovery plan for the species (U.S. Fish and
Wildlife Service 2001), which is available on the Internet at http://www.fws.gov/midwest/Endangered/insects/hed/hed-recplan.html, or by
contacting the person listed in the FOR FURTHER INFORMATION CONTACT
section.
The Hine's emerald dragonfly is in the family Corduliidae
(``emeralds'') and in the genus Somatochlora. The adult Hine's emerald
dragonfly has brilliant green eyes. It is distinguished from all other
species of Somatochlora by its dark metallic green thorax with two
distinct creamy-yellow lateral lines, and distinctively-shaped male
terminal appendages and female ovipositor (Williamson 1931, pp. 1-8).
Adults have a body length of 6065 millimeters (mm) (2.3-2.5 inches
(in)) and a wingspan of 90-95 mm (3.5-3.7 in).
The current distribution of the Hine's emerald dragonfly includes
Illinois, Michigan, Missouri, and Wisconsin. It is believed to be
extirpated from Alabama, Indiana, and Ohio. In the current List of
Endangered and Threatened Wildlife in Sec. 17.11(h), the historic
range for this taxon is listed as Illinois, Indiana, Ohio, and
Wisconsin. A more accurate historic range for Hine's emerald dragonfly
includes Alabama, Michigan, and Missouri in addition to the
aforementioned States. We are proposing to amend the table such that
the ``Historic Range'' for Hine's emerald dragonfly reads U.S.A. (AL,
IL, IN, MI, MO, OH, and WI).
No one characteristic has been found that easily and reliably
differentiates female and early instar Hine's emerald dragonfly larvae
from other similar species. Final instar male Hine's emerald dragonfly
larvae can be readily identified by the terminal appendage (segment
10). Hine's emerald dragonfly larval specimens can typically be
distinguished from most other Somatochlora by the presence of a small
middorsal hook on segment three. Other characteristics include head
width, metatibial length, palpal crenulation setae, and total length. A
detailed discussion is presented in Cashatt and Vogt (2001, pp. 94-96).
Soluk et al. (1998a, p. 8) described the distinguishing features of
Hine's emerald dragonfly larvae from other larval dragonfly species in
Door County, Wisconsin, as ``the size of the dorsal hooks on the
abdomen, general hairiness, shape of head, and lack of stripes on the
legs.'' However, these characteristics would not be definitive in
Michigan, Missouri, and Wisconsin where there is potential confusion
with other species of Somatochlora such as ski-tailed emerald (S.
elongata), ocellated emerald (S. minor), and clamp-tipped emerald (S.
tenebrosa).
Hine's emerald dragonfly habitat consists predominantly of wetland
systems used for breeding and foraging. The larval stage is aquatic,
occupying rivulets and seepage areas within these wetland systems. The
Hine's emerald dragonfly occupies marshes and sedge meadows fed by
calcareous groundwater seepage and underlain by dolomite bedrock. In
general, these areas are characterized by the presence of slowly
flowing water, sedge meadows and prairies, and nearby or adjacent
forest edges. The adult habitat includes the wetland systems as well as
a mosaic of upland plant communities and corridors that connect them.
Areas of open vegetation serve as places to forage. Foraging flights
for reproductive adults may be 1-2 km (0.6-1.2 mi) from breeding sites,
and may last 15 to 30 minutes. Forest edges, trees, and shrubs provide
protected, shaded areas for the dragonflies to perch. Limited
information is available on the species' dispersal capabilities. The
average distance traveled by dispersing adults was documented to be 2.5
miles (mi) (4.0 kilometers (km)) in a study in Illinois (Mierzwa et al.
1995a, pp. 17-19; Cashatt and Vogt 1996, pp. 23-24).
Many of the areas with Hine's emerald dragonflies in Missouri are
surrounded by large tracts of contiguous, 100 percent closed canopy
forest. The species generally does not travel more than 328 feet (ft)
(100 meters (m)) into the interior of the forest. Foraging by adults
occurs within the fen proper and in adjacent old fields, pastures, and
forest edge (Landwer 2003, p. 10; Walker and Smentowski 2002, pp. 5-8;
2003, pp. 8-10; 2004, pp. 8-10; 2005, pp. 4-5). Although the importance
of old fields and pastures in meeting foraging needs in Missouri has
not yet been determined, such areas may be a more significant factor
than elsewhere within the range of the species because of a relative
lack of open areas at many sites.
Hine's adults emerge in late spring, mate, and lay eggs in water.
The eggs overwinter. After hatching the larvae prey upon aquatic
invertebrates, occupy rivulets and seepage areas, and take refuge in
crayfish burrows. The larvae live 3 to 5 years before adult emergence
takes place (Soluk 2005; Soluk and Satyshur 2005, p. 4). Adults live
for only a few weeks.
Previous Federal Actions
On February 4, 2004, we received a complaint from The Center for
Biodiversity et al., for failure to designate critical habitat for the
Hine's emerald dragonfly. On September 13, 2004, we reached a
settlement agreement with the plaintiff requiring us to submit for
publication in the Federal Register a proposed rule to designate
critical habitat for the Hine's emerald dragonfly by July 7, 2006, and
a final rule by May 7, 2007. For more information on previous Federal
actions concerning the Hine's emerald dragonfly, refer to the final
listing rule published in the Federal Register on January 26, 1995 (60
FR 5267), or the final recovery plan for the species (U.S. Fish and
Wildlife Service 2001). This proposed designation is being published in
compliance with the above settlement agreement.
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 are essential for the conservation of
the species. Conservation, as defined under section 3 of the Act, means
to use and the use of all methods and procedures which are necessary to
bring any endangered species or threatened species to the point at
which the measures provided under the Act are no longer necessary. Such
methods and procedures include, but are not limited to, all activities
associated with scientific resources management such as research,
census, law enforcement, habitat acquisition and maintenance,
propagation, live trapping, and transplantation, and, in the
extraordinary case where population
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pressures within a given ecosystem cannot be otherwise relieved, may
include regulated taking.
Critical habitat receives protection under section 7 of the Act
through the prohibition against destruction or adverse modification of
critical habitat with regard to actions carried out, funded, or
authorized by a Federal agency. Section 7 requires consultation on
Federal actions that may result in the destruction or adverse
modification of critical habitat. The designation of critical habitat
does not affect land ownership or establish a refuge, wilderness,
reserve, preserve, or other conservation area. Such designation does
not allow government or public access to private lands. Section 7 is a
purely protective measure and does not require implementation of
restoration, recovery, or enhancement measures.
To be included in a critical habitat designation, the habitat
within the area occupied by the species must first have features that
are essential to the conservation of the species. Critical habitat
designations identify, to the extent known using the best scientific
data available, habitat areas that provide essential life cycle needs
of the species (i.e., areas on which are found the primary constituent
elements, as defined at 50 CFR 424.12(b)).
Habitat occupied at the time of listing may be included in critical
habitat only if the essential features thereon may require special
management or protection. Thus, we do not include areas where existing
management is sufficient to conserve the species. (As discussed below,
such areas may also be excluded from critical habitat pursuant to
section 4(b)(2) of the Act.) Accordingly, when the best available
scientific data do not demonstrate that the conservation needs of the
species require additional areas, we will not designate critical
habitat in areas outside the geographical area occupied by the species
at the time of listing. An area currently occupied by the species but
which was not known to be occupied at the time of listing will likely,
but not always, be essential to the conservation of the species and,
therefore, typically included in the critical habitat designation.
The Service's Policy on Information Standards Under the Endangered
Species Act, published in the Federal Register on July 1, 1994 (59 FR
34271), and Section 515 of the Treasury and General Government
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)
and the associated Information Quality Guidelines issued by the
Service, provide criteria, establish procedures, and provide guidance
to ensure that decisions made by the Service represent the best
scientific data available. They require Service biologists to the
extent consistent with the Act and with the use of the best scientific
data available, to use primary and original sources of information as
the basis for recommendations to designate critical habitat. When
determining which areas are critical habitat, a primary source of
information is generally the listing package for the species.
Additional information sources include the recovery plan for the
species, articles in peer-reviewed journals, conservation plans
developed by States and counties, scientific status surveys and
studies, biological assessments, or other unpublished materials and
expert opinion or personal knowledge. All information is used in
accordance with the provisions of Section 515 of the Treasury and
General Government Appropriations Act for Fiscal Year 2001 (Pub. L.
106-554; H.R. 5658) and the associated Information Quality Guidelines
issued by the Service.
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific data available. Habitat is often
dynamic, and species may move from one area to another over time.
Furthermore, we recognize that designation of critical habitat may not
include all of the habitat areas that may eventually be determined to
be necessary for the recovery of the species. For these reasons,
critical habitat designations do not signal that habitat outside the
designation is unimportant or may not be required for recovery.
Areas that support populations, but are outside the critical
habitat designation, will continue to be subject to conservation
actions implemented under section 7(a)(1) of the Act and to the
regulatory protections afforded by the section 7(a)(2) jeopardy
standard, as determined on the basis of the best available information
at the time of the action. Federally funded or permitted projects
affecting listed species outside their designated critical habitat
areas may still result in jeopardy findings in some cases. Similarly,
critical habitat designations made on the basis of the best available
information at the time of designation will not control the direction
and substance of future recovery plans, habitat conservation plans
(HCPs), or other species conservation planning efforts if new
information available to these planning efforts calls for a different
outcome.
Methods
As required by section 4(b)(1)(A) of the Act, we used the best
scientific data available in determining areas that contain the
features that are essential to the conservation of the Hine's emerald
dragonfly with the assistance of the Hine's Emerald Dragonfly Recovery
Team and other species experts. We reviewed the approach to
conservation of the species undertaken by local, State, and Federal
agencies operating within the species' range since its listing, as well
as the actions necessary for Hine's emerald dragonfly conservation
identified in the final Recovery Plan for the species (U.S. Fish and
Wildlife Service 2001).
To identify features that are essential to the conservation of the
Hine's emerald dragonfly, we reviewed available information that
pertains to the habitat requirements, current and historic
distribution, life history, threats, and population biology of the
Hine's emerald dragonfly and other dragonfly species. This information
includes: data in reports submitted during section 7 consultations and
as a requirement from section 10(a)(1)(B) incidental take permits or
section 10(a)(1)(A) recovery permits; research published in peer-
reviewed articles and presented in academic theses and agency reports;
information provided by species experts and the Hine's Emerald
Dragonfly Recovery Team; aerial photography; land use maps; National
Wetland Inventory maps; and Natural Resource Conservation Service soil
survey maps. We also reviewed our own site-specific species and habitat
information, recent biological surveys, and reports and communication
with other qualified biologists or experts.
Primary Constituent Elements
In accordance with section 3(5)(A)(i) of the Act and regulations at
50 CFR 424.12, in determining which areas to propose as critical
habitat, we consider those physical and biological features (primary
constituent elements) that are essential to the conservation of the
species, and within areas occupied by the species at the time of
listing, that may require special management considerations and
protection. These include, but are not limited to: space for individual
and population growth and for normal behavior; food, water, air, light,
minerals, or other nutritional or physiological requirements; cover or
shelter; sites for breeding, reproduction, and rearing (or development)
of offspring; and habitats that are protected from disturbance or are
representative of
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the historic geographical and ecological distributions of a species.
The specific primary constituent elements (PCEs) required for the
Hine's emerald dragonfly are derived from the biological needs of the
species as described in the Background section of this proposal and the
Hine's Emerald Dragonfly Recovery Plan (U.S. Fish and Wildlife Service
2001), and additional detail is provided below.
Space for Individual and Population Growth, and for Normal Behavior
Hine's emerald dragonfly habitat consists predominantly of wetland
systems used for breeding and foraging. The larval stage is aquatic,
occupying rivulets and seepage areas within these wetland systems. The
species' habitat includes a mosaic of upland and wetland plant
communities and corridors that connect them. Known Hine's emerald
dragonfly larval sites include shallow, organic soils (histosols, or
with organic surface horizon) overlying calcareous substrate
(predominantly dolomite and limestone bedrock), calcareous water from
intermittent seeps and springs, shallow small channels and/or sheetflow
(Cashatt and Vogt 2001, pp. 96-98). The wetlands are fed by groundwater
discharge and often dry out for a few weeks during the summer months,
but otherwise have thermal regimes that are relatively moderate and are
comparatively warmer in winter and cooler in summer than nearby sites
without groundwater influence (Soluk et al. 1998a, pp. 83, 85-86; 2004,
pp. 15-16; Cashatt and Vogt 2001, pp. 96-98). Vegetation is
predominantly herbaceous; natural communities include marshes, sedge
meadows, and fens. Marsh communities usually are dominated by graminoid
plants such as cattails and sweetflag, while sedge meadows tend to be
dominated by sedges and grasses (Cashatt et al. 1992, p. 4; Vogt and
Cashatt 1994, p. 600; Soluk et al. 1996, pp. 5-8; 1998a, pp. 6-10, 76;
Mierzwa et al. 1998, pp. 20-34; Cashatt and Vogt 2001, pp. 96-98; Vogt
2001, p. 1). Some sites do include trees and shrubs scattered
throughout the habitat. Emergent herbaceous and woody vegetation is
essential for emergence of larvae (Soluk et al. 2003b, pp. 1-3; Foster
and Soluk 2004, p. 16). All known sites have forested areas and/or
scattered shrubs within a close proximity (Cashatt and Vogt 2001, p.
97; Vogt 2001, p. 1).
Hine's emerald dragonfly larval habitat typically includes small
flowing streamlet channels within cattail marshes and sedge meadows;
water that flows between hummocks; and occupied, maintained crayfish
burrows (Cashatt et al. 1992, p. 4; Vogt and Cashatt 1994, p. 600;
Soluk et al. 1996, pp. 5-9; 1998a, pp. 6-10; 1999, pp. 5-10, 44-47;
2003a, p. 6, 27; Mierzwa et al. 1998, pp. 20-34; Landwer and Vogt 2002,
p. 1-2; Vogt 2001, p. 1; 2004, p. 1; 2005, p. 1, 3; Soluk 2004, pp. 1-
3). To date, the only crayfish identified in association with burrows
used by Hine's emerald dragonfly is the devil crayfish (Cambarus
diogenes) (Pintor and Soluk 2006, pp. 584-585; Soluk et al. 1999, p.
46; Soluk 2004, pp. 1-3); however, other crayfish may also provide the
same refuge. These burrows are an integral life requisite for the
species because they are essential for overwintering and drought
survival (Soluk et al. 2004, p. 17; Pintor and Soluk 2006, pp. 584-
585).
Components of adult habitat are used for breeding, foraging,
roosting, and protective cover. While adult Hine's emerald dragonflies
can fly over and among trees, they have been consistently observed to
follow open corridors through forested areas rather than fly through
forests. Hine's emerald dragonfly corridors include trails, streams,
forest edges, roadways, shorelines, and other structural breaks in the
forest canopy (Soluk et al. 1999, pp. 61-64; Steffens 1997 pp. 5, 7;
1999 p. 6, 9; 2000 pp. 2, 4, 6; Smith 2006; Soluk 2006). Roadways,
highways, and railroad tracks are used as corridors but expose adults
to vehicle-related mortality (Soluk et al. 1998a, pp. 61-62; 1998b, pp.
3-4; Soluk and Moss 2003, pp. 2-4, 6-11). Preferred foraging habitat
consists of various plant communities including marsh, sedge meadow,
dolomite prairie, shorelines, and the fringe of bordering shrubby areas
(Vogt and Cashatt 1994, p. 600; 1999, pp. 6, 23; Nuzo 1995, pp. 50-75;
Soluk et al. 1996, pp. 8-9; 1998a, p. 76; 2003a; Mierzwa et al. 1997,
pp. 11, 25; 1998, pp. 20-34; Steffens 1997, pp. 5-6, 8; 1999 pp. 6, 9;
2000 pp. 4, 6, 8-10; Thiele and Mierzwa 1999, pp. 3-4, 9-12; Mierzwa
and Copeland 2001, pp. 7-8, appendix 2; Vogt 2001, p. 1; Zuehls 2003,
pp. iii-iv, 14-15, 19, 21, 38, 43, 60-65).
Females lay eggs (oviposit) in the rivulets and seepage areas
described as larval habitat (Cashatt and Vogt 1992, pp. 4-5; Ross and
Mierzwa 1995, pp. 77-78; Soluk et al. 1996, pp. 8-9; 1998a, p. 76; Vogt
and Cashatt 1997, pp. 3, 14; 1999, pp. 6, 23; Vogt et al. 1999, pp. 5,
11).
The ability of adult Hine's emerald dragonflies to travel among
breeding sites is considered important for the species to maintain
genetic variation and fitness. Based on a mark-resighting study
conducted in Illinois, Hine's emerald dragonflies that did disperse
moved an average distance of 2.5 mi (4.1 km) (Mierzwa et al. 1995a, pp.
17-19; Cashatt and Vogt 1996, pp. 23-24). Land use and habitat
conditions between breeding sites likely influence dispersal distances
and frequencies. However, most adults do not move far from emergence
sites. For example, the mark-resighting study conducted in Illinois,
found that 44 of 48 adults were resighted within the same wetland in
which they were marked (Mierzwa et al. 1995a, pp. 17-19; Cashatt and
Vogt 1996, pp. 23-24). A mark-release-recapture study conducted in
Wisconsin resulted in the marking of 937 adults at three locations
within or near breeding habitat, indicating that many adults are found
close to breeding areas (Kirk and Vogt 1995, pp. 13-15). In addition,
Hine's emerald dragonfly swarms in Wisconsin are generally found within
\1/2\ to 1 mile of larval areas (Zuehls 2003, pp. 21, 43). Daily
movements and dispersal distances for Hine's emerald dragonfly in
Missouri have not yet been studied, but it is generally believed that
they are less than what has been reported elsewhere for the species
because the sites are much smaller and more isolated in that State
(Vogt 2006).
Although adult Hine's emerald dragonflies have been observed
foraging over areas modified by anthropogenic influences (e.g.,
pastures, hay meadows, fallow crop fields, and manicured lawns) in
Missouri (Landwer 2003, pp. 26, 39; Walker and Smentowski 2003, pp. 8-
10; 2005, p. 4) and Wisconsin (Vogt and Cashatt 1990, p. 3; Grimm 2001,
pp. 7, 13-14; Meyer 2001, p. 1), the importance of such habitats in
meeting the daily dietary needs of the Hine's emerald dragonfly is
still unknown. Because of this uncertainty, old fields and pastures
were not included as part of the primary constituent elements outlined
below.
Although most adults do not move far from emergence sites, the
ability to move among emergence sites, foraging habitat of sufficient
quality and quantity, and breeding habitat is important to the Hine's
emerald dragonfly. Furthermore, because the species tends to occur in
fragmented, loosely-connected local subpopulations, the limited
dispersing that does occur is necessary to maintain robust populations.
Food and Water
Larval Hine's emerald dragonflies are generalist predators that
feed on macroinvertebrates found within or near the rivulet or seepage
systems. Soluk et al. (1998a, p. 10) analyzed larval fecal
[[Page 42447]]
pellets, and their results suggest that the Hine's emerald dragonfly is
a generalist predator. Larval food was found to include many
invertebrate taxa in their habitat including mayflies (Ephemeroptera),
aquatic isopods (Arthropoda, order Isopoda), caddisflies (Trichoptera),
midge larvae (Diptera), and aquatic worms (Oligochaetes). Amphipods are
common in their habitat and are likely diet components (Soluk 2005). In
general, dragonfly larvae commonly feed on smaller insect larvae,
including mosquito and dragonfly larvae, worms, small fish, and snails
(Pritchard 1964, pp. 789-793; Corbet 1999, pp. 105-107). Hine's emerald
dragonfly larvae have been documented to be cannibalistic in laboratory
situations (Soluk 2005).
Adult Hine's emerald dragonflies require a sufficient prey base of
small flying insects (Vogt and Cashatt 1994, p. 600; Zuehls 2003, pp.
iii-iv, 60-62, 75-84). Adult Hine's emerald dragonflies feed on the
wing, sometimes in swarms, primarily mid-morning to midday and late
evening (Zuehls 2003, pp. iii, 58-65). Foraging behavior is the
dominant behavior within swarms, with over 99 percent of dragonflies
observed within swarms foraging and swarms are generally found within
\1/2\ to 1 mile of breeding sites (Zuehls 2003, pp. 21, 43, 60). Adults
will use nearly any natural habitat for foraging near the breeding/
larval habitat except open water ponds and closed-canopy forested
areas. Preferred foraging habitat consists of various plant communities
including marsh, sedge meadow, dolomite prairie, and the fringe of
bordering shrubby and forested areas (Mierzwa et al. 1995a, p. 31;
1995b, pp. 13-14; 1997, pp. 11, 25; 1998, pp. 20-34; Mierzwa and
Copeland 2001, pp. 7-8, appendix 2; Soluk et al. 1996, pp. 8-9; 1998a,
p. 76; Steffens 1997 pp. 5-6, 8; 1999; 2000 p. 4, 6, 8-10; Thiele and
Mierzwa 1999, pp. 3-4, 9-12; Vogt and Cashatt 1994, p. 600; 1999, pp.
6, 23; Vogt 2001, p. 1). Dragonflies are believed to get water from
their food (whose water content is 60 to 80 percent (Fried and May
1983)), although some dragonflies have been observed drinking surface
water found in their habitat (Corbet 1999, pp. 284-291).
Cover or Shelter
Detritus is used by larvae for cover, and it also provides food for
larval prey. Crayfish burrows provide Hine's emerald dragonfly larvae
refuge from drought conditions in the summer and for overwintering
(Cashatt et al. 1992, pp. 3-4; Soluk et al. 1999, pp. 40 and 46; Soluk
2005; Pintor and Soluk 2006, pp. 584-585).
Predatory dragonflies (such as the dragonhunter (Hagenius
brevistylus), gray petaltail (Tachopteryx thoreyi), and common green
darner (Anax junius)), and avian predators (such as cedar waxwings
(Bambycilla cedrorum)), have been documented chasing and attacking
Hine's emerald dragonflies and other Somatochlora species (Zuehls 2003,
p. 63; McKenzie and Vogt 2005, p. 19; Landwer 2003, p. 62). Scattered
trees and shrubs or forest edges (up to 328 ft (100 m) into the forest)
are needed for escape cover from predators and are also used for
roosting, resting, and perching. Typically, trees and shrubs also
provide shelter from weather. Dragonflies are known to perch and roost
in vegetation that provides shade or basking sites as a means of
ectothermic thermoregulation (Corbet 1980, Corbet 1999). This tree and
shrub cover is provided in Hine's emerald dragonfly habitat by any
woody vegetation that is not closed-canopy forest.
Habitat segregation by sex among Hine's emerald dragonflies and
other dragonflies has been documented. Females spend more of their time
foraging away from breeding habitat than males (Vogt and Cashatt 1997,
pp. 11, 14; 1999, pp. 6, 15, 23; Foster and Soluk 2006, pp. 162-164).
It is believed that habitat segregation by sex may be the result of
females avoiding males, possibly as a defense mechanism against
unsolicited mating attempts (Zuehls 2003, pp. 65-67; Foster and Soluk
2006, pp. 163-164). There is some evidence that females spend time in
upland habitat during non-breeding times to avoid interactions with
males (Foster and Soluk 2006, pp. 162-164).
Sites for Breeding, Reproduction, and Development of Offspring
Adult females lay eggs or oviposit by repeatedly dipping their
abdomens in shallow water or saturated soft soil or substrate. Females
have been observed with muck or mud residue on their abdomens,
suggesting they had oviposited in soft muck and/or shallow water (Vogt
and Cashatt 1990, p. 3; Cashatt and Vogt 1992, pp. 4-5). Female Hine's
emerald dragonflies have been observed ovipositing in groundwater that
discharges and forms rivulets and seepage areas within cattail marshes,
sedge meadows, and fens that typically have crayfish burrows (Cashatt
and Vogt 1992, pp. 4-5; Mierzwa et al. 1995a, p. 31; 1995b, p. 12;
Soluk et al. 1996, pp. 8-9; 1998a, p. 76; Vogt 2003, p. 3; 2004, p. 2;
2005, p. 3; Vogt and Cashatt 1994, p. 602; 1997, pp. 3, 14; 1999, pp.
6, 23; Vogt et al. 1999, pp. 5, 11; Walker and Smentowski 2002, pp. 17-
18; McKenzie and Vogt 2005, p. 18). All observations of oviposition by
Soluk et al. (1998a, p. 76) occurred in more permanent waters
(streamlet and cattail/meadow borders). In addition, male territorial
patrols have been observed over the type of habitat where oviposition
has been documented (Cashatt and Vogt 1992, p.4; Vogt and Cashatt 1994,
pp. 601-602; 1999, pp. 6, 23; Soluk et al. 1998a, p. 76). All known
larval habitat receives slowly (often barely perceptible) moving
groundwater discharge that is typically calcareous (Cashatt et al.
1992, pp. 3-4; Vogt and Cashatt 1994, p. 602; Soluk et al. 1996, pp. 5-
8; Mierzwa et al. 1998, pp. 30-34; 2003a; Landwer and Vogt 2002, p. 1;
Vogt 2003, p. 1; 2004, p. 1; 2005, p. 1). This groundwater discharge
also moderates water temperatures, though water flows and temperatures
can be variable over seasons and years. Since groundwater that comes to
the surface in Hine's emerald dragonfly habitat is an essential
component of larval habitat, regulatory protection of groundwater
quantity and quality that contributes to this essential feature is
vital.
Hine's emerald dragonfly eggs overwinter and hatch in water or
saturated soil during spring (Soluk and Satyshur 2005, p. 4). After an
egg has hatched, Hine's emerald dragonfly larvae spend approximately 4
years in cool, shallow, slowly moving water flowing between hummocks,
in streamlets, and in nearby crayfish burrows foraging and molting as
they grow (Cashatt et al. 1992, p. 4; Vogt and Cashatt 1994, p. 602;
Soluk et al. 1996, pp. 5-8; 1998a, pp. 6-10; 1999, pp. 5-10, 44-47;
2005; Cashatt and Vogt 2001, 96-98; Soluk 2004, pp. 1-3). The
microhabitat typically contains decaying vegetation. After completing
larval development, the larvae use herbaceous or woody vegetation to
crawl out of the aquatic environment and emerge as adults (Vogt and
Cashatt 1994, p. 602; Foster and Soluk 2004, p. 16).
Primary Constituent Elements for the Hine's Emerald Dragonfly
Pursuant to our regulations, we are required to identify the known
physical and biological features (PCEs) essential to the conservation
of the Hine's emerald dragonfly. All areas proposed as critical habitat
for Hine's emerald dragonfly are occupied, within the species' historic
geographic range, and contain sufficient PCEs to support at least one
life history function.
Based on our current knowledge of the life history, biology, and
ecology of the species and the requirements of the habitat to sustain
the essential life history functions of the species, we have determined
that the physical and
[[Page 42448]]
biological features essential to the conservation of Hine's emerald
dragonfly's are:
(1) For egg deposition and larval growth and development:
(a) Shallow, organic soils (histosols, or with organic surface
horizon) overlying calcareous substrate (predominantly dolomite and
limestone bedrock);
(b) Calcareous water from intermittent seeps and springs and
associated shallow, small, slow flowing streamlet channels, rivulets,
and/or sheet flow within fens;
(c) Emergent herbaceous and woody vegetation for emergence
facilitation and refugia;
(d) Occupied, maintained crayfish burrows for refugia; and
(e) Prey base of aquatic macroinvertebrates, including mayflies,
aquatic isopods, caddisflies, midge larvae, and aquatic worms.
2. For adult foraging; reproduction; dispersal; and refugia
necessary for roosting, resting and predator avoidance (especially
during the vulnerable teneral stage):
(a) Natural plant communities near the breeding/larval habitat
which may include marsh, sedge meadow, dolomite prairie, and the fringe
(up to 328 ft (100m)) of bordering shrubby and forested areas with open
corridors for movement and dispersal; and
(b) Prey base of small, flying insect species (e.g., dipterans).
Critical habitat does not include human-made structures existing on
the effective date of a final rule not containing one or more of the
primary constituent elements, such as buildings, lawns, old fields and
pastures, piers and docks, aqueducts, airports, and roads, and the land
on which such structures are located. In addition, critical habitat
does not include open-water areas (i.e., areas beyond the zone of
emergent vegetation) of lakes and ponds.
This proposed designation is designed for the conservation of the
PCEs necessary to support the life history functions which are the
basis for the proposal. Because not all life history functions require
all the PCEs, not all proposed critical habitat will contain all the
PCEs. Each of the areas proposed in this rule have been determined to
contain sufficient PCEs to provide for one or more of the life history
functions of the species. In some cases, the PCEs exist as a result of
ongoing federal actions. As a result, ongoing federal actions at the
time of designation will be included in the baseline in any
consultation conducted subsequent to this designation.
Criteria Used To Identify Critical Habitat
We are proposing to designate critical habitat on lands that were
occupied at the time of listing and contain sufficient PCEs to support
life history functions essential to the conservation of the Hine's
emerald dragonfly. We are also proposing to designate areas that were
not known to be occupied at the time of listing, but which were
subsequently identified as being occupied, and which we have determined
to be essential to the conservation of the Hine's emerald dragonfly.
To identify features that are essential to the conservation of
Hine's emerald dragonfly and areas essential to the conservation of the
species, we considered the natural history of the species and the
science behind the conservation of the species as presented in
literature summarized in the Recovery Plan (U.S. Fish and Wildlife
Service 2001).
We began our analysis of areas with features that are essential to
the conservation of the Hine's emerald dragonfly by identifying
currently occupied breeding habitat. We developed a list of what
constitutes occupied breeding habitat with the following criteria: (a)
Adults and larvae documented; (b) Larvae, exuviae (skin that remains
after molt), teneral (newly emerged) adults, ovipositing females, and/
or patrolling males documented; or (c) multiple adults sighted and
breeding conditions present. We determined occupied breeding habitat
through a literature review of data in: Reports submitted during
section 7 consultations and as a requirement from section 10(a)(1)(B)
incidental take permits or section 10(a)(1)(A) recovery permits;
published peer-reviewed articles; academic theses; and agency reports.
We then determined which areas were known to be occupied at the time of
listing.
After identifying the core occupied breeding habitat, our second
step was to identify contiguous habitat containing one or more of the
PCEs within 2.5 mi (4.1 km) of the outer boundary of the core area
(Mierzwa et al. 1995a, pp.17-19; Cashatt and Vogt 1996, pp. 23-24).
This distance--the average adult dispersal distance measured in one
study--was selected as an initial filter for determining the outer
limit of unit boundaries in order to ensure that the dragonflies would
have adequate foraging and roosting habitat, corridors among patches of
habitat, and the ability to disperse among subpopulations. However,
based on factors discussed below, unit boundaries were significantly
reduced in most cases based on the contiguous extent of PCEs and the
presence of natural or manmade barriers. When assessing wetland
complexes in Wisconsin and Michigan it was determined that features
that fulfill all of the Hine's emerald dragonfly's life history
requirements are often within 1 mi (1.6 km) of the core breeding
habitat; therefore, the outer boundary of those units is within 1 mi
(1.6 km) of the core breeding habitat. In Missouri, essential habitat
was identified as being limited around the core breeding habitat as a
result of a closed canopy forest around most units, and the outer
boundary of those units extends only 328 ft (100 m) into the closed
canopy.
Areas not documented to be occupied at the time of listing but that
are currently occupied are considered essential to the conservation of
the species due to the limited numbers and small sizes of extant Hine's
emerald dragonfly populations. Recovery criteria established in the
recovery plan for the species (U.S. Fish and Wildlife Service 2001, pp.
31-32) call for a minimum of three populations, each containing at
least three subpopulations, in each of two recovery units. Within each
subpopulation there should be at least two breeding areas, each fed by
separate seeps and springs. Management and protection of all known
occupied areas are necessary to meet these goals.
When determining proposed critical habitat boundaries, we made
every effort to avoid including within the boundaries of the map
contained within this proposed rule developed areas such as buildings,
paved areas, and other structures and features that lack the PCEs for
the species. The scale of the maps prepared under the parameters for
publication within the Code of Federal Regulations may not reflect the
exclusion of all such developed areas. Any such structures and the land
under them inadvertently left inside critical habitat boundaries shown
on the maps of this proposed rule are not proposed for designation as
critical habitat. Therefore, Federal actions limited to these areas
would not trigger section 7 consultation, unless they affect the
species and/or primary constituent elements in critical habitat.
We propose to designate critical habitat on lands that we have
determined were occupied at the time of listing and contain sufficient
primary constituent elements to support life history functions
essential for the conservation of the species or are currently occupied
and are determined to be essential to the conservation of the species.
We do not propose to designate
[[Page 42449]]
as critical habitat any areas outside the geographical area presently
occupied by the species.
Units were identified based on sufficient PCEs being present to
support Hine's emerald dragonfly life processes. Some units contain all
PCEs and support multiple life processes. Some units contain only a
portion of the PCEs necessary to support the Hine's emerald dragonfly's
particular use of that habitat. Where a subset of the PCEs was present
it has been noted that only PCEs present at designation will be
protected.
Special Management Considerations or Protections
When designating critical habitat, we assess whether the areas
determined to be occupied at the time of listing and that contain the
primary constituent elements may require special management
considerations or protections. At the time of listing, the Hine's
emerald dragonfly was known to occur in Illinois and Wisconsin.
Fragmentation and destruction of suitable habitat are believed to
be the main reasons for this species' Federal endangered status and
continue to be the primary threats to its recovery. Hine's emerald
dragonfly habitat is closely associated with surface dolomite deposits,
an extractable resource that is often quarried. Developing commercial
and residential areas, quarrying, creating landfills, constructing
pipelines, and filling of wetlands could decrease the area of suitable
habitat available and continue to fragment populations of the Hine's
emerald dragonfly. Direct loss of breeding or foraging habitat could
potentially reduce both adult and larval population sizes.
Changes in surface and sub-surface hydrology could be detrimental
to the Hine's emerald dragonfly. Alteration of water regimes could
affect surface water flow patterns, cause loss of seep heads, and
reduce larval habitat. Permanent loss of appropriate hydrology would
reduce the amount of suitable breeding and larval habitat. Road
construction; channelization; and alteration of water impoundments,
temperature, discharge quantity, water quality, and lake levels have
the potential to affect important hydrologic characteristics of Hine's
emerald dragonfly larval habitat that could be necessary for the
continued survival of this species. For example, a study to predict
hydrologic changes to a spring near Black Partridge Creek in Illinois
from a proposed interstate highway suggested that an 8 to 35 percent
reduction in spring discharge may occur after the construction of the
highway (Hensel et al. 1993, p. 290). Hensel et al. (1993, pp. 290-292)
suggested that the highway could cause a loss of recharge water for the
spring and lower the water table, reducing the discharge of the spring.
Pumping of groundwater for industrial and agricultural use also has the
potential to lower the water table and change the hydrology, which may
affect larval habitat. Dye-tracing indicates the fens (a type of
wetland characterized by calcareous spring-fed marshes and sedge
meadows overlaying dolomite bedrock) at a site in Missouri are fed by
springs originating south of the natural area in the Logan Creek valley
(Aley and Adel 1991, p. 4).
Loss of important habitat within suitable wetland systems may also
threaten this species. Wetland systems with wet prairie, sedge meadow,
cattail marsh, and/or hummock habitat, interspersed with native shrubs,
appear to be an important part of the overall habitat requirements of
the Hine's emerald dragonfly. The combination of these habitat types
within the wetland systems may be important to the survival of this
species. Destruction and degradation of Hine's emerald dragonfly
habitat can result from threats such as succession and encroachment of
invasive species, feral pigs, illegal all terrain vehicles and beaver
dams (McKenzie and Vogt 2005, pp. 19-20).
Contamination from landfills, transportation, agriculture and other
past or present applications of habitat-altering chemicals may be
harmful to this species. The species long aquatic larval stage makes it
vulnerable to contamination of groundwater and surface water. Because
groundwater moves relatively slowly through sediments, contaminated
water may remain toxic for long periods of time and may be difficult or
impossible to treat. High water quality may be an important component
of this species' habitat.
Adult mortality from direct impacts with vehicles or trains may
reduce Hine's emerald dragonfly population sizes (Steffens 1997, pp. 1,
4, 5, 6, 7, 8, 9; Soluk et al. 1998a, pp. 59, 61-64). Because Hine's
emerald dragonflies are known to be killed by vehicles and they have
been observed flying over railroad tracks, it is believed that trains
may also be a source of mortality for this species (Soluk et al. 1998b,
pp. 3-4; 2003, pp. 1-3; Soluk and Moss 2003, pp. 2-4, 6-11). A unit-by-
unit description of threats can be found in the individual unit
descriptions below.
Proposed Critical Habitat Designation
We are proposing to designate 49 units as critical habitat for the
Hine's emerald dragonfly. The critical habitat areas described below
constitute our best assessment at this time of areas determined to be
occupied at the time of listing, that contain the primary constituent
elements essential for the conservation of the species, and that may
require special management, and those additional areas not occupied at
the time of listing but that have been determined to be essential to
the conservation of the Hine's emerald dragonfly. Management and
protection of all the areas is necessary to achieve the conservation
biology principles of representation, resiliency, and redundancy
(Shaffer and Stein 2000) as represented in the recovery criteria
established in the recovery plan for the species. The areas proposed as
critical habitat are identified in Tables 1 and 2 below.
Table 1 below lists the units (with approximate area) determined to
meet the definition of critical habitat for the Hine's emerald
dragonfly, but which are being considered for exclusion under section
4(b)(2) of the Act from the final critical habitat designation by State
(see discussion under the Exclusion Under Section 4(b)(2) of the Act
section below). We are considering the exclusion of all 26 units in
Missouri and 2 units in Michigan from the critical habitat designation.
[[Page 42450]]
Table 1.-- Areas Determined To Meet the Definition of Critical Habitat for the Hine's Emerald Dragonfly
(Definitional Area) and the Areas Considered for Exclusion From the Final Critical Habitat Designation (Area
Being Considered for Exclusion)
----------------------------------------------------------------------------------------------------------------
Definitional area Area being considered for
State (ac/ha) exclusion (ac/ha)
----------------------------------------------------------------------------------------------------------------
Michigan Unit 1........................................ 9,452/3,825 All.
Michigan Unit 2........................................ 3,511/1,421 All.
Missouri Unit 1........................................ 90/36 All.
Missouri Unit 2........................................ 34/14 All.
Missouri Unit 3........................................ 18/7 All.
Missouri Unit 4........................................ 14/6 All.
Missouri Unit 5........................................ 50/20 All.
Missouri Unit 6........................................ 22/9 All.
Missouri Unit 7........................................ 33/13 All.
Missouri Units 8, 9, and 10............................ 333/135 All.
Missouri Unit 11....................................... 113/46 All.
Missouri Unit 12....................................... 50/20 All.
Missouri Unit 13....................................... 30/12 All.
Missouri Unit 14....................................... 14/5 All.
Missouri Unit 15....................................... 11/4 All.
Missouri Unit 16....................................... 4/2 All.
Missouri Units 17 and 18............................... 224/91 All.
Missouri Units 19 and 20............................... 115/47 All.
Missouri Unit 21....................................... 6/2 All.
Missouri Unit 22....................................... 32/13 All.
Missouri Units 23 and 24............................... 75/31 All.
Missouri Unit 25....................................... 33/13 All.
Missouri Unit 26....................................... 5/2 All.
--------------------------------------------------------
Total.............................................. 14,269/5,774 14,269/5,774
----------------------------------------------------------------------------------------------------------------
All the units listed in Table 1 were not known to be occupied at
the time of listing. Most Missouri units are much smaller in both
overall area and estimated population size than those elsewhere within
the species' range. Additionally, the overwhelming majority of Missouri
units are completely surrounded by contiguous tracts of 100 percent
closed canopy forest.
The failure to confirm the presence of adults at some sites that
were surveyed during suitable flight conditions (i.e., correct flight
season and time of day, and weather conditions optimal for potential
observation of the species) and during multiple visits provides strong
evidence that population sizes at Missouri sites are much less than
those in Illinois, Michigan, and Wisconsin. Nonetheless, all the units
are considered occupied because larvae are found at all Missouri sites
and all of the units have the primary constituent elements identified
for the species.
Table 2 below provides the approximate area encompassed by each of
the remaining proposed critical habitat units.
Table 2.--Critical Habitat Units Proposed for the Hine's Emerald
Dragonfly, Area Estimates Reflect All Land Within Critical Habitat Unit
Boundaries
------------------------------------------------------------------------
Critical habitat unit Land ownership Area (ac/ha)
------------------------------------------------------------------------
Illinois Unit 1................ Metropolitan Water 419/170
Reclamation District
of Greater Chicago;
Elgin, Joliet, and
Eastern Railway
Company; Commonwealth
Edison Company.
Illinois Unit 2................ Material Service 439/178
Corporation; Elgin,
Joliet, and Eastern
Railway Company;
Commonwealth Edison
Company.
Illinois Unit 3................ Forest Preserve 337/136
District of Will
County, Commonwealth
Edison Company, Others.
Illinois Unit 4................ Forest Preserve 607/246
District of Will
County, Forest
Preserve District of
Cook County,
Commonwealth Edison
Company, Others.
Illinois Unit 5................ Forest Preserve 326/132
District of DuPage
County, Commonwealth
Edison Company, Santa
Fe Railroad.
Illinois Unit 6................ Forest Preserve 387/157
District of Cook
County.
Illinois Unit 7................ Illinois Department of 480/194
Natural Resources,
Material Service
Corporation, Illinois
Central Gulf Railroad.
Michigan Unit 3................ Michigan Department of 50/20
Natural Resources, The
Nature Conservancy,
other Private
Individuals.
[[Page 42451]]
Michigan Unit 4................ Michigan Department of 959/388
Natural Resources,
Private Individuals.
Michigan Unit 5................ Michigan Department of 156/63
Natural Resources.
Michigan Unit 6................ Private Individuals.... 220/89
Wisconsin Unit 1............... Wisconsin Department of 503/204
Natural Resources and
Private Individuals.
Wisconsin Unit 2............... The Nature Conservancy 814/329
and other Private
Individuals.
Wisconsin Unit 3............... The Nature Conservancy 66/27
and other Private
Individuals.
Wisconsin Unit 4............... The Nature Conservancy 407/165
and other Private
Individuals.
Wisconsin Unit 5............... Wisconsin Department of 3,093/1,252
Natural Resources;
University of
Wisconsin; Ridges
Sanctuary, Inc.; other
Private Individuals.
Wisconsin Unit 6............... Wisconsin Department of 230/93
Natural Resources and
Private Individuals.
Wisconsin Unit 7............... The Nature Conservancy 352/142
and other Private
Individuals.
Wisconsin Unit 8............... The Nature Conservancy 70/28
and other Private
Individuals.
Wisconsin Unit 9............... Wisconsin Department of 1193/483
Natural Resources and
Private Individuals.
Wisconsin Unit 10.............. Wisconsin Department of 2312/936
Natural Resources,
University of
Wisconsin, Private
Individuals.
---------------
Total...................... ....................... 13,420/5,432
------------------------------------------------------------------------
We present brief descriptions of all units listed in Tables 1 and
2, and reasons why they meet the definition of critical habitat for the
Hine's emerald dragonfly, below.
Illinois Unit 1--Will County, Illinois
Illinois Unit 1 consists of 419 ac (170 ha) in Will County,
Illinois. This unit was known to be occupied at the time of listing and
includes the area where the Hine's emerald dragonfly was first
collected in Illinois as well as one of the most recently discovered
locations in the State. All PCEs for the Hine's emerald dragonfly are
present in this unit. Adults and larvae are found within this unit. The
unit consists of larval and adult habitat with a mosaic of upland and
wetland communities including fen, marsh, sedge meadow, and dolomite
prairie. The wetlands are fed by groundwater that discharges into the
unit from seeps and upwelling that have formed small, flowing streamlet
channels that contain crayfish burrows. Known threats to the primary
constituent elements in this unit include ecological succession and
encroachment of invasive species; illegal all terrain vehicles; utility
and road construction and maintenance; management and land use
conflicts; and groundwater depletion, alteration, and contamination.
The majority of the unit is a dedicated Illinois Nature Preserve that
is managed and leased by the Forest Preserve District of Will County.
Although a current management plan is in place, it does not
specifically address the Hine's emerald dragonfly. We are evaluating
the protective measures in the plan to determine the benefits to the
features essential for the conservation of the Hine's emerald
dragonfly. We will continue to work with the land managers during the
development of the final rule. This unit also consists of a utility
easement that contains electrical transmission and distribution lines
and a railroad line used to transport coal to a power plant. In
addition, a remaining small portion of this unit is located between a
sewage treatment facility and the Des Plaines River. This unit is
planned to be incorporated in a Habitat Conservation Plan that is being
pursued by a large partnership that includes the landowners of this
unit.
Illinois Unit 2--Will County, Illinois
Illinois Unit 2 consists of 439 ac (178 ha) in Will County,
Illinois. This unit was known to be occupied at the time of listing and
has repeated adult and larval observations. All PCEs for the Hine's
emerald dragonfly are present in this unit. The unit consists of larval
and adult habitat with a mosaic of plant communities including fen,
marsh, sedge meadow, and dolomite prairie. The wetlands are fed by
groundwater that discharges into the unit from seeps and upwelling that
have formed small flowing streamlet channels that contain crayfish
burrows. Known threats to the primary constituent elements in this unit
include ecological succession and encroachment of invasive species;
utility and road construction and maintenance; management and land use
conflicts; and groundwater depletion, alteration, and contamination.
The unit is privately owned and includes a utility easement that
contains electrical transmission and distribution lines and a railroad
line used to transport coal to a power plant. This unit is planned to
be incorporated in a Habitat Conservation Plan that is being pursued by
a large partnership that includes the landowners of this unit.
Illinois Unit 3--Will County, Illinois
Illinois Unit 3 consists of 337 ac (136 ha) in Will County,
Illinois. This unit was known to be occupied at the time of listing and
includes one of the first occurrences of Hine's emerald dragonfly known
after the discovery of the species in Illinois. All PCEs for the Hine's
emerald dragonfly are present in this unit. The unit consists of larval
and adult habitat with a mosaic of upland and wetland communities
including fen, sedge meadow, marsh, and dolomite prairie. The wetlands
are fed by groundwater that discharges into the unit from seeps and
upwelling that have formed small flowing streamlet channels that
contain crayfish burrows. Known threats to the primary constituent
elements in this unit include ecological succession and encroachment of
invasive species; utility and road construction and maintenance;
management and land use conflicts; and groundwater depletion,
alteration, and contamination. The majority of the unit is a dedicated
Illinois Nature Preserve that is owned and managed by the Forest
Preserve District of Will County. Although a
[[Page 42452]]
current management plan is in place, it does not specifically address
the Hine's emerald dragonfly. We are evaluating the protective measures
in the plan to determine the benefits to the features essential for the
conservation of the Hine's emerald dragonfly. We will continue to work
with the land managers during the development of the final rule. This
unit also consists of a utility easement that contains electrical
transmission and distribution lines. This unit is planned to be
incorporated in a Habitat Conservation Plan that is being pursued by a
large partnership that includes the landowners of this unit.
Illinois Unit 4--Will and Cook Counties, Illinois
Illinois Unit 4 consists of 607 ac (246 ha) in Will and Cook
Counties in Illinois. This unit was known to be occupied at the time of
listing and includes one of the first occurrences of Hine's emerald
dragonfly that was verified after the discovery of the species in
Illinois. All PCEs for the Hine's emerald dragonfly are present in this
unit. Repeated observations of both adult and larval Hine's emerald
dragonfly have been made in this unit. The unit consists of larval and
adult habitat with a mosaic of upland and wetland communities including
fen, sedge meadow, and dolomite prairie. The wetlands are fed by
groundwater that discharges into the unit from seeps and upwelling that
have formed small flowing streamlet channels that contain crayfish
burrows. Known threats to the primary constituent elements in this unit
include ecological succession and encroachment of invasive species;
utility and road construction and maintenance; management and land use
conflicts; and groundwater depletion, alteration, and contamination.
The unit is owned and managed by the Forest Preserve District of Will
County and the Forest Preserve District of Cook County. Construction of
the Interstate 355 extension began in 2005 and the corridor for this
project intersects this unit at an elevation up to 67 ft (20 m) above
the ground to minimize potential impacts to Hine's emerald dragonflies.
This unit also consists of a utility easement that contains electrical
transmission lines.
Illinois Unit 5--DuPage County, Illinois
Illinois Unit 5 consists of 326 ac (132 ha) in DuPage County,
Illinois. This unit was known to be occupied at the time of listing and
has repeated adult observations. All PCEs for the Hine's emerald
dragonfly are present in this unit. The unit consists of larval and
adult habitat with a mosaic of upland and wetland plant communities
including fen, marsh, sedge meadow, and dolomite prairie. The wetlands
are fed by groundwater that discharges into the unit from seeps and
upwelling that have formed small flowing streamlet channels that
contain crayfish burrows. Known threats to the primary constituent
elements in this unit include ecological succession and encroachment of
invasive species; utility and road construction and maintenance;
management and land use conflicts; and groundwater depletion,
alteration, and contamination. The majority of the unit is owned and
managed by the Forest Preserve District of DuPage County. This unit
also consists of a railroad line and a utility easement with electrical
transmission lines.
Illinois Unit 6--Cook County, Illinois
Illinois Unit 6 consists of 387 ac (157 ha) in Cook County,
Illinois. This unit was known to be occupied at the time Hine's emerald
dragonfly was listed. All PCEs for the Hine's emerald dragonfly are
present in this unit. There have been repeated adult observations as
well as observations of teneral adults and male territorial patrols
suggesting that breeding is occurring within a close proximity. The
unit consists of larval and adult habitat with a mosaic of upland and
wetland plant communities including fen, marsh, and sedge meadow. The
wetlands are fed by groundwater that discharges into the unit from
seeps that have formed small flowing streamlet channels that contain
crayfish burrows. Known threats to the primary constituent elements in
this unit include ecological succession and encroachment of invasive
species; utility and road construction and maintenance; management and
land use conflicts; and groundwater depletion, alteration, and
contamination. The area within this unit is owned and managed by the
Forest Preserve District of Cook County.
Illinois Unit 7--Will County, Illinois
Illinois Unit 7 consists of 480 ac (194 ha) in Will County,
Illinois. This unit was known to be occupied at the time of listing and
includes one of the first occurrences of Hine's emerald dragonfly known
after the discovery of the species in Illinois. All PCEs for the Hine's
emerald dragonfly are present in this unit. Adults and larvae have been
found within this unit. The unit consists of larval and adult habitat
with a mosaic of upland and wetland communities including fen, marsh,
sedge meadow, and dolomite prairie. The wetlands are fed by groundwater
that discharges into the unit from seeps and upwelling that have formed
small flowing streamlet channels that contain crayfish burrows. Known
threats to the primary constituent elements in this unit include
ecological succession and encroachment of invasive species; utility and
road construction and maintenance; management and land use conflicts;
and groundwater depletion, alteration, and contamination. A portion of
the unit is a dedicated Illinois Nature Preserve that is managed and
owned by the Illinois Department of Natural Resources. This unit also
consists of a railroad line and a utility easement that contains
electrical distribution lines. This unit is planned to be incorporated
in a Habitat Conservation Plan that is being pursued by a large
partnership that includes the landowners of this unit.
Michigan Unit 1--Mackinac County, Michigan
Michigan Unit 1 consists of 9,452 ac (3,825 ha) in Mackinac County
in the Upper Peninsula of Michigan. This area was not known to be
occupied at the time of listing. All PCEs for the Hine's emerald
dragonfly are present in this unit. The unit contains at least four
breeding areas for Hine's Emerald dragonfly, with female oviposition or
male territorial patrols observed at all breeding sites. Adults have
also been observed foraging at multiple locations within this unit. The
unit contains a mixture of fen, forested wetland, forested dune and
swale, and upland communities that are important for breeding and
foraging Hine's emerald dragonfly. The habitat is mainly spring fed
rich cedar swamp or northern fen. The breeding areas are open with
little woody vegetation or are sparsely vegetated with northern white
cedar (Thuja occidentalis). Small shallow pools and seeps are common.
Crayfish burrows are found in breeding areas. Corridors between the
breeding areas make it likely that adult dragonflies could travel or
forage between the breeding sites. Although the majority of this unit
is owned by the Hiawatha National Forest and faces fewer threats than
other units, threats (including non-native species invasion, woody
encroachment, off-road vehicle use, logging, and utility and road
right-of-way maintenance) have the potential to impact the habitat.
Small portions of the unit are owned by the State of Michigan and
private individuals. The Hiawatha National Forest, through their Land
Use and Management Plan, will protect all known Hine's breeding areas
and implement the Hine's Emerald
[[Page 42453]]
dragonfly recovery plan. We are considering excluding Michigan Unit 1
from our final designation.
Michigan Unit 2--Mackinac County, Michigan
Michigan Unit 2 consists of 3,511 ac (1,421 ha) in Mackinac County
in the Upper Peninsula of Michigan. This area was not known to be
occupied at the time of listing. All PCEs for the Hine's emerald
dragonfly are present in this unit. The unit contains at least four
breeding areas for Hine's Emerald dragonfly, with female oviposition or
male territorial patrols observed at all breeding sites. The unit
contains a mixture of fen, forested wetland, forested dune and swale,
and upland communities that are important for breeding and foraging
Hine's emerald dragonfly. The breeding habitat varies in the unit. Most
breeding areas are northern fen communities with sparse woody
vegetation (northern white cedar) that are probably spring fed with
seeps and marl pools present. One site is a spring-fed marl fen with
sedge dominated seeps and marl pools. Crayfish burrows are found in
breeding areas. Corridors between the breeding areas, including a large
forested dune and swale complex, make it likely that adult dragonflies
could travel or forage between the breeding sites. Although the
majority of this unit is owned by the Hiawatha National Forest and is
designated as a Wilderness Area, threats (including non-native species
invasion, woody encroachment, and off-road vehicle use) have the
potential to impact the habitat. About one percent of the unit is owned
by private individuals. The Hiawatha National Forest, through their
Land Use and Management Plan, will protect all known Hine's breeding
areas and implement the Hine's Emerald dragonfly recovery plan. We are
considering excluding Michigan Unit 2 from our final designation.
Michigan Unit 3--Mackinac County, Michigan
Michigan Unit 3 consists of 50 ac (20 ha) in Mackinac County on
Bois Blanc Island in Michigan. This area was not known to be occupied
at the time of listing. All PCEs for the Hine's emerald dragonfly are
present in this unit. The unit contains one breeding area for Hine's
Emerald dragonfly with male territorial patrols and more than 10 adults
observed in 1 year. The unit contains a small fen that is directly
adjacent to the Lake Huron shoreline and forested dune and swale
habitat that extends inland. The unit contains seeps and small fens,
some areas with marl. Threats to the unit include maintenance of
utility and road right of way, and development of private lots and
septic systems. Road work and culvert maintenance could change the
hydrology of the unit. Approximately half of the unit is owned by the
State of Michigan, the remaining portion of the area is owned by The
Nature Conservancy or is subdivided private land. We are currently
obtaining and reviewing any management plans from the Michigan
Department of Natural Resources and The Nature Conservancy to determine
if adequate protection and management of the unit is provided. If an
adequate management plan is in place, the State and/or Nature
Conservancy owned portion of this unit may be excluded in the final
designation.
Michigan Unit 4--Presque Isle County, Michigan
Michigan Unit 4 consists of 959 ac (388 ha) in Presque Isle County
in the northern lower peninsula of Michigan. This area was not known to
be occupied at the time of listing. All PCEs for the Hine's emerald
dragonfly are present in this unit. The unit contains one breeding area
for Hine's Emerald dragonfly, with female oviposition and adults
observed in more than 1 year. The unit contains a fen with seeps and
crayfish burrows present. The fen has stunted, sparse white cedar and
marl flats dominated by spike rush (Eleocharis). The threats to Hine's
emerald dragonflies in this unit are unknown. The majority of this unit
is a State park owned by the Michigan Department of Natural Resources,
the remainder of the unit is privately owned. We are currently
obtaining and reviewing any Michigan Department of Natural Resources
management plans to determine if adequate protection and management of
the unit is provided. If an adequate management plan is in place, the
State-owned portion of this unit may be excluded in the final
designation.
Michigan Unit 5--Alpena County, Michigan
Michigan Unit 5 consists of 156 ac (63 ha) in Alpena County in the
northern lower peninsula of Michigan. This area was not known to be
occupied at the time of listing. All PCEs for the Hine's emerald
dragonfly are present in this unit. The unit contains one breeding area
for Hine's Emerald dragonfly, with adults observed in more than one
year and crayfish burrows present. The unit contains a mixture of
northern fen and wet meadow habitat that are used by breeding and
foraging Hine's emerald dragonfly. Threats to this unit include
possible hydrological modification due to outdoor recreational vehicle
use and a nearby roadway. The unit is owned by the State of Michigan.
We are currently obtaining and reviewing any Michigan Department of
Natural Resources management plans to determine if adequate protection
and management of the unit is provided. If an adequate management plan
is in place, the State owned portion of this unit may be excluded in
the final designation.
Michigan Unit 6--Alpena County, Michigan
Michigan Unit 6 consists of 220 ac (89 ha) in Alpena County in the
northern lower peninsula of Michigan. This area was not known to be
occupied at the time of listing. All PCEs for the Hine's emerald
dragonfly are present in this unit. The unit contains one breeding area
for Hine's Emerald dragonfly, with male territorial patrols and adults
observed. The unit contains a marl fen with numerous seeps and rivulets
important for breeding and foraging Hine's Emerald dragonfly. In the
area of this unit, trash dumping, home development, and outdoor
recreational vehicles were observed impacting similar habitat. The unit
is owned by a private group.
Missouri Unit 1--Crawford County, Missouri
Missouri Unit 1 consists of 90 ac (36 ha) in Crawford County,
Missouri, and is under U.S. Forest Service ownership. This fen is in
close proximity to the village of Billard and is associated with James
Creek, west of Billard. This area was not known to be occupied at the
time of listing. All PCEs for Hine's emerald dragonfly are present in
this unit. The fen provides surface flow, and includes larval habitat
and adjacent cover for resting and predator avoidance. The fen and an
adjacent open pasture provide foraging habitat that is surrounded by
contiguous, closed canopy forest. To date, only larvae have been
documented from this locality. Threats identified for this unit include
feral hogs and habitat fragmentation. We are considering excluding this
unit from our final critical habitat designation.
Missouri Unit 2--Dent County, Missouri
Missouri Unit 2 is comprised of 34 ac (14 ha) in Dent County,
Missouri, and is under U.S. Forest Service and private ownership. It is
located north of the village of Howes Mill and in proximity to County
Road (CR) 438. This area was not known to be occupied at the time of
listing. All PCEs for Hine's emerald dragonfly are present in this
unit. The fen provides surface flow, and includes
[[Page 42454]]
larval habitat and adjacent cover for resting and predator avoidance.
The fen and an adjacent open old field provide foraging habitat and are
surrounded by contiguous, closed canopy forest. Both adults and larvae
have been documented from this locality. Threats identified for this
unit include all terrain vehicles, feral hogs, and habitat
fragmentation. We are considering excluding this unit from our final
critical habitat designation.
Missouri Unit 3--Dent County, Missouri
Missouri Unit 3 is under private ownership and consists of 18 ac (7
ha) in Dent County, Missouri. It is located north-northeast of the
village of Howes Mill and is associated with a tributary of Huzzah
Creek. This area was not known to be occupied at the time of listing.
The fen provides surface flow and includes larval habitat and adjacent
cover for resting and predator avoidance. All PCEs for Hine's emerald
dragonfly are provided in this unit. The fen and adjacent old fields
provide habitat for foraging and are surrounded by contiguous, closed
canopy forest. To date, only larvae have been documented from this
unit. Threats identified for this unit include all terrain vehicles,
feral hogs, and habitat fragmentation. We are considering excluding
this unit from our final critical habitat designation.
Missouri Unit 4--Dent County, Missouri
Missouri Unit 4 is owned and managed by the U.S. Forest Service,
and consists of 14 ac (6 ha) in Dent County, Missouri. This fen is
associated with a tributary of Watery Fork Creek in Fortune Hollow and
is located east of the juncture of Highway 72 and Route MM. This area
was not known to be occupied at the time of listing. The fen provides
surface flow, and includes larval habitat and adjacent cover for
resting and predator avoidance. All PCEs for Hine's emerald dragonfly
are provided in this unit. The fen and adjacent old fields provide
habitat for foraging and are surrounded by contiguous, closed canopy
forest. To date, only larvae have been documented from this locality.
Threats identified for this unit include feral hogs and habitat
fragmentation. We are considering excluding this unit from our final
critical habitat designation.
Missouri Unit 5--Iron County, Missouri
Missouri Unit 5 is comprised of 50 ac (20 ha) in Iron County,
Missouri, and is under U.S. Forest Service ownership. This fen is
adjacent to Neals Creek and Neals Creek Road, southeast of Bixby. This
area was not known to be occupied at the time of listing. All PCEs for
Hine's emerald dragonfly are provided in this unit. The fen consists of
surface flow and is fed, in part, by a wooded slope north of Neals
Creek Road. This small but high quality fen provides larval habitat and
adjacent cover for resting and predator avoidance. The fen, adjacent
fields, and open road provide habitat for foraging and are surrounded
by contiguous, closed canopy forest. Both adults and larvae have been
documented from this unit. Threats identified for this unit include all
terrain vehicles, feral hogs, road construction and maintenance, beaver
dams, and habitat fragmentation. We are considering excluding this unit
from our final critical habitat designation.
Missouri Unit 6--Morgan County, Missouri
Missouri Unit 6 is privately owned, and consists of 22 ac (9 ha) in
Morgan County, Missouri. The fen borders Flag Branch Creek and is
located near the small town of Barnett south southwest of Route N. This
area was not known to be occupied at the time of listing. All PCEs for
Hine's emerald dragonfly are provided in this unit. The fen provides
surface flow, and includes larval habitat and adjacent cover for
resting and predator avoidance. The fen consists of three, small, fen
openings adjacent to one another. All PCEs for Hine's emerald dragonfly
are provided in this unit. The fen and adjacent open areas associated
with the landowner's residence provide the only habitat for foraging
and are surrounded by contiguous, closed canopy forest. Although only
larvae have been documented from this locality, an unidentified species
of Somatochlora was observed during an earlier visit (Vogt 2006).
Threats identified for this unit include feral hogs, ecological
succession, beaver dams, and habitat fragmentation. We are considering
excluding this unit from our final critical habitat designation.
Missouri Unit 7--Phelps County, Missouri
Missouri Unit 7 consists of 33 ac (13 ha) in Phelps County,
Missouri, and is owned and managed by the U.S. Forest Service. This
area was not known to be occupied at the time of listing. All PCEs for
Hine's emerald dragonfly are provided in this unit. This fen is
associated with Kaintuck Hollow and a tributary of Mill Creek, and is
located south-southwest of the town of Newburg. This high quality fen
provides larval habitat and adjacent cover for resting and predator
avoidance. The fen, adjacent fields, and open road provide habitat for
foraging and are surrounded by contiguous, closed canopy forest.
Despite repeated sampling for adults and larvae, only one exuviae has
been documented from this unit. Threats identified for this unit
include all terrain vehicles, feral hogs, and habitat fragmentation. We
are considering excluding this unit from our final critical habitat
designation.
Missouri Units 8, 9, and 10--Reynolds County, Missouri
Missouri Units 8, 9, and 10 comprise the Bee Fork complex. The
complex consists of 333 ac (135 ha), and includes U.S. Forest Service
and private land in Reynolds County, Missouri. This locality is a
series of three fens adjacent to Bee Fork Creek, extending from east-
southeast of Bunker east to near the bridge on Route TT over Bee Fork
Creek. These areas were not known to be occupied at the time of
listing. All PCEs for Hine's emerald dragonfly are provided within this
complex. The fen provides surface flow and is fed, in part, by a small
spring that originates from a wooded ravine just north of the county
road bordering the northern most situated fen. This complex is one of
the highest quality representative examples of an Ozark fen in the
State. The fen provides larval habitat and adjacent cover for resting
and predator avoidance. The fen, adjacent fields, and open road provide
habitat for foraging and are surrounded by contiguous, closed canopy
forest. Both adults and larvae have been documented from this unit.
This complex is an extremely important focal area for conservation
actions that benefit Hine's emerald dragonfly. It is likely that the
species uses Bee Fork Creek as a connective corridor between adjacent
components of the complex. Threats identified for this unit include
feral hogs, ecological succession, utility maintenance, application of
herbicides, and habitat fragmentation. We are considering excluding
these units from our final critical habitat designation.
Missouri Unit 11--Reynolds County, Missouri
Missouri Unit 11 is under private and U.S. Forest Service ownership
and consists of 113 ac (46 ha) in Reynolds County, Missouri. The unit
is a series of small fen openings adjacent to a tributary of Bee Fork
Creek, and is located east of the intersection of Route TT and Highway
72, extending north to the Bee Fork Church on County Road 854. This
area was not known to be occupied at the time of listing. This unit is
one of the highest quality representative examples of an Ozark fen in
the State and incorporates much of
[[Page 42455]]
the valley within Grasshopper Hollow. All PCEs for Hine's emerald
dragonfly are provided in this unit. The fen provides surface flow and
includes larval habitat and adjacent cover for resting and predator
avoidance. The fen, adjacent fields, and open path provide habitat for
foraging and are surrounded by contiguous, closed canopy forest. Both
adults and larvae have been documented from this unit. The majority of
this unit is managed by The Nature Conservancy. Threats identified for
this unit include feral hogs, beaver dams, and habitat fragmentation.
We are considering excluding this unit from our final critical habitat
designation.
Missouri Unit 12--Reynolds County, Missouri
Missouri Unit 12 is comprised of 50 ac (20 ha) in Reynolds County,
Missouri and is under private ownership. This locality is near the town
of Ruble and is closely associated with the North Fork of Web Creek.
This area was not known to be occupied at the time of listing. All PCEs
for Hine's emerald dragonfly are provided in this unit. This fen is fed
by surface flow and a few small springs. The fen provides surface flow
and includes larval habitat and adjacent cover for resting and predator
avoidance. The fen and an adjacent open pasture provide foraging
habitat and are surrounded by contiguous, closed canopy forest. Both
adults and larvae have been documented from this locality. Threats
identified for this unit include feral hogs, ecological succession,
change in ownership, and habitat fragmentation. We are considering
excluding this unit from our final critical habitat designation.
Missouri Unit 13--Reynolds County, Missouri
Missouri Unit 13 consists of 30 ac (12 ha) in Reynolds County,
Missouri, and is under private ownership. This unit consists of a
spring fed meadow and deep muck fen that is located north of the town
of Centerville adjacent to Highway 21. This area was not known to be
occupied at the time of listing. All PCEs for Hine's emerald dragonfly
are provided in this unit. The fen is fed by two springs and surface
flow that provide larval habitat and adjacent cover for resting and
predator avoidance. The fen and adjacent open pasture and fields
provide foraging habitat for adults. Unlike most localities in
Missouri, this unit is unique in that the surrounding landscape
consists of more open fields than closed canopy forest and the
microhabitat is more marsh like than the typical surface water fed fens
associated with the species. Both adults and larvae have been
documented from this unit. Threats identified for this unit include
feral hogs, road construction and maintenance, and habitat
fragmentation. We are considering excluding this unit from our final
critical habitat designation.
Missouri Unit 14--Reynolds County, Missouri
Missouri Unit 14 is under private ownership and consists of 14
acres (5 hectares) in Reynolds County, Missouri. The site was
designated as a State Natural Area in December 1983 and is located
north of Centerville, adjacent to Highway 21. This area was not known
to be occupied at the time of listing. All PCEs for Hine's emerald
dragonfly are provided in this unit. The fen provides surface flow and
includes larval habitat and adjacent cover for resting and predator
avoidance. The fen and adjacent open yards of rural residents provide
habitat for foraging and are surrounded by contiguous, closed canopy
forest. To date, only larvae have been documented from this location.
Threats identified for this unit include feral hogs, road construction
and maintenance, utility maintenance, and habitat fragmentation. We are
considering excluding this unit from our final critical habitat
designation.
Missouri Unit 15--Reynolds County, Missouri
Missouri Unit 15 is a very small, privately owned fen, and is
comprised of 11 acres (4 hectares), adjacent to South Branch fork of
Bee Fork Creek, northeast of the intersection of Route B and Highway 72
in Reynolds County, Missouri. This area was not known to be occupied at
the time of listing. All PCEs for Hine's emerald dragonfly are provided
in this unit. The fen provides surface flow and includes larval habitat
and adjacent cover for resting and predator avoidance. The fen,
adjacent old field, and unmaintained county road provide habitat for
foraging and are surrounded by contiguous, closed canopy forest. To
date, only larvae have been documented from this locality. Threats
identified for this unit include feral hogs, ecological succession, all
terrain vehicles, and habitat fragmentation. We are considering
excluding this unit from our final critical habitat designation.
Missouri Unit 16--Reynolds County, Missouri
Missouri Unit 16 is the smallest known site for Hine's emerald
dragonfly in Missouri and consists of 4 acres (2 hectares) in Reynolds
County. It is owned and managed by the Missouri Department of
Conservation (MDC) and is located southeast of the town of Ruble on a
tributary to the North Fork of Web Creek. This area was not known to be
occupied at the time of listing. All PCEs for Hine's emerald dragonfly
are provided in this unit. The fen provides surface flow and includes
larval habitat and adjacent cover for resting and predator avoidance.
The fen and adjacent logging roads provide habitat for foraging and are
surrounded by contiguous, closed canopy forest. To date, only larvae
have been documented from this unit. Threats identified for this unit
include feral hogs, all terrain vehicles, and habitat fragmentation. We
are considering excluding this unit from our final critical habitat
designation.
Missouri Units 17 and 18--Ripley County, Missouri
Missouri Units 17 and 18 comprise the Overcup Fen complex. It
consists of 224 acres (91 hectares) in Ripley County, Missouri. This
complex of fens and springs is located on Little Black Conservation
Area and is owned by the MDC and private land owners. This area was not
known to be occupied at the time of listing. All PCEs for Hine's
emerald dragonfly are provided in this complex. This complex of fens
and springs is associated with the Little Black River and provide
larval habitat and adjacent cover for resting and predator avoidance.
The fen and adjacent old field provide habitat for foraging and are
surrounded by contiguous, closed canopy forest. Both adults and larvae
have been documented from this locality. Threats identified for this
unit include feral hogs, all terrain vehicles, management conflicts,
and habitat fragmentation. We are considering excluding these units
from our final critical habitat designation.
Missouri Units 19 and 20--Ripley County, Missouri
Missouri Units 19 and 20 comprise the Mud Branch complex. It
consists of 115 acres (47 hectares) in Ripley County, Missouri and is
under private ownership. The unit is located east of the village of
Shiloh and is associated with Mud Branch, a tributary of the Little
Black River. This area was not known to be occupied at the time of
listing. All PCEs for Hine's emerald dragonfly are provided in this
complex. This complex of fens provides surface flow and includes larval
habitat and adjacent cover for resting and predator avoidance. The fen,
adjacent logging roads and nearby old field provide habitat for
foraging and are surrounded
[[Page 42456]]
by contiguous, closed canopy forest. To date, only adults have been
documented from this complex. Threats identified for this unit include
feral hogs, all terrain vehicles, road construction and maintenance,
ecological succession, and habitat fragmentation. We are considering
excluding these units from our final critical habitat designation.
Missouri Unit 21--Ripley County, Missouri
Missouri Unit 21 is a very small fen and consists of 6 acres (2
hectares) in Ripley County, Missouri. It is under U.S. Forest Service
ownership and is located west of Doniphan. This area was not known to
be occupied at the time of listing. All PCEs for Hine's emerald
dragonfly are provided in this unit. The fen provides surface flow and
includes larval habitat and adjacent cover for resting and predator
avoidance. The fen and adjacent open, maintained county road provide
habitat for foraging and are surrounded by contiguous, closed canopy
forest. To date, only larvae have been documented from this locality.
Threats identified for this unit include feral hogs, all terrain
vehicles, equestrian use, and habitat fragmentation. We are considering
excluding this unit from our final critical habitat designation.
Missouri Unit 22--Shannon County, Missouri
Missouri Unit 22 is owned and managed by the MDC and is located
south of the village of Delaware, in Shannon County, Missouri. This
unit is comprised of 32 acres (13 hectares) and includes one small fen
and an adjacent larger fen that was recently restored due to beaver
damage along Mahans Creek. This area was not known to be occupied at
the time of listing. All PCEs for Hine's emerald dragonfly are provided
in this unit. These adjacent fens provide surface flow and include
larval habitat and adjacent cover for resting and predator avoidance.
The open areas associated with the fens provide the only habitat for
foraging and are surrounded by contiguous, closed canopy forest. To
date, only larvae have been documented from this locality. Threats
identified for this unit include feral hogs, beaver dams, and habitat
fragmentation. We are considering excluding this unit from our final
critical habitat designation.
Missouri Units 23 and 24--Washington County, Missouri
Missouri Units 23 and 24 comprise the Towns Branch and Welker Fen
complex and consist of 75 acres (31 hectares) near the town of Palmer
in Washington County, Missouri. The complex consists of two fens that
are owned and managed by the U.S. Forest Service. This area was not
known to be occupied at the time of listing. All PCEs for Hine's
emerald dragonfly are provided in this unit. These fens provide surface
flow and include larval habitat and adjacent cover for resting and
predator avoidance. The fens and adjacent open, maintained county roads
provide habitat for foraging and are surrounded by contiguous, closed
canopy forest. To date, only larvae have been documented from this
complex. Threats identified for this unit include feral hogs, all-
terrain vehicles, road construction and maintenance, and habitat
fragmentation. We are considering excluding these units from our final
critical habitat designation.
Missouri Unit 25--Washington County, Missouri
Missouri Unit 25 consists of 33 acres (13 hectares) and is located
northwest of the town of Palmer in Washington County, Missouri. The fen
is associated with Snapps Branch, a tributary of Hazel Creek, and is
owned and managed by the U.S. Forest Service. This area was not known
to be occupied at the time of listing. All PCEs for Hine's emerald
dragonfly are provided in this unit. The fen provides surface flow, and
includes larval habitat and adjacent cover for resting and predator
avoidance. The fen and adjacent old logging road with open canopy
provide habitat for foraging and are surrounded by contiguous, closed
canopy forest. To date, only larvae have been documented from this
locality. Threats identified for this unit include feral hogs, all-
terrain vehicles, and habitat fragmentation. We are considering
excluding these units from our final critical habitat designation.
Missouri Unit 26--Wayne County, Missouri
Missouri Unit 26 is owned and managed by the U.S. Forest Service
and consists of 5 acres (2 hectares). This extremely small fen is
located near Williamsville and is associated with Brushy Creek in Wayne
County, Missouri. This area was not known to be occupied at the time of
listing. All PCEs for Hine's emerald dragonfly are provided in this
unit. The fen provides surface flow and includes larval habitat and
adjacent cover for resting and predator avoidance. The fen and adjacent
logging road with open canopy provide habitat for foraging and are
surrounded by contiguous, closed canopy forest. To date, only larvae
have been documented from this unit. Threats identified for this unit
include feral hogs, all-terrain vehicles, and habitat fragmentation. We
are considering excluding these units from our final critical habitat
designation.
Wisconsin Unit 1--Door County, Wisconsin
Wisconsin Unit 1 consists of 503 acres (204 hectares) on Washington
Island in Door County, Wisconsin. This unit was not known to be
occupied at the time of listing. All PCEs for the Hine's emerald
dragonfly are present in this unit. Three adults were observed at this
site in July 2000, as well as male territorial patrols and female
ovipositioning behavior; crayfish burrows, seeps, and rivulet streams
are present. The unit consists of larval and adult habitat including
boreal rich fen, northern wet-mesic forest, emergent aquatic marsh on
marl substrate, and upland forest. Known threats to the primary
constituent elements include loss of habitat due to residential
development, invasive plants, alteration of the hydrology of the marsh
(low Lake Michigan water levels can result in drying of the marsh),
contamination of groundwater, and logging. One State Natural Area owned
by the Wisconsin Department of Natural Resources occurs within the
unit; the remainder of the unit is privately owned.
Wisconsin Unit 2--Door County, Wisconsin
Wisconsin Unit 2 consists of 814 acres (329 hectares) in Door
County, Wisconsin. This unit was known to be occupied at the time of
listing. All PCEs for the Hine's emerald dragonfly are present in this
unit. The first adult recorded in Wisconsin was from this unit in 1987.
Exuviae and numerous male and female adults have been observed in this
unit. The unit, which encompasses much of the Mink River Estuary
contains larval and adult habitat including wet-mesic and mesic upland
forest (including white cedar wetlands), emergent aquatic marsh, and
northern sedge meadows. Known threats to the primary constituent
elements include loss of habitat due to residential development,
invasive plants, alteration of the hydrology of wetlands, contamination
of the surface and ground water, and logging. Land in this unit is
owned by The Nature Conservancy and other private landowners. Forest
areas with 100 percent canopy that occur greater than 328 ft (100 m)
from the open forest edge of the unit are not considered critical
habitat.
[[Page 42457]]
Wisconsin Units 3, 4, 5, 6, and 7--Door County, Wisconsin
Wisconsin Units 3 through 7 are located in Door County, Wisconsin
and comprise the following areas: Unit 3 consists of 66 ac (27 ha);
Unit 4 consists of 407 ac (165 ha); Unit 5 consists of 3,093 ac (1,252
ha); Unit 6 consists of 230 ac (93 ha); and Unit 7 consists of 352 ac
(142 ha). Units 3, 5, 6 and 7 were known to be occupied at the time of
listing. Unit 4 was not known to be occupied at the time of listing.
All of the units are within 2.5 mi (4 km) of at least one other unit,
making exchange of dispersing adults likely between units. All PCEs for
the Hine's emerald dragonfly are present in all of the unist. Adult
numbers recorded from these units varies. Generally fewer than 8 adults
have been observed at Units 4, 6, and 7 during any one season. A study
by Kirk and Vogt (1995, pp.13-15) reported a total adult population in
the thousands in Units 3 and 5. Male and female adults have been
observed in all the units. Adult dragonfly swarms commonly occur in
Unit 5. Swarms ranging in size from 16 to 275 dragonflies and composed
predominantly of Hine's emerald dragonflies were recorded from a total
of 20 sites in and near Units 5 and 6 during 2001 and 2002 (Zuehls
2003, pp. iii, 19, 21, and 43). In addition, the following behaviors
and life stages of Hine's emerald dragonflies have been recorded from
the various units: Unit 3--mating behavior, male patrolling behavior,
crayfish burrows, exuviae, and female ovipositioning (egg-laying); Unit
4--larvae and exuviae; Unit 5--teneral adults, mating behavior, male
patrolling, larvae, female ovipositioning (egg-laying), and crayfish
burrows; and Unit 6--mating behavior, evidence of ovipositioning, and
crayfish burrows.
Unit 5 contains two larval areas, while Units 3, 4, 5, 6, and 7
each contain one larval area. Units 3 through 7 all include adult
habitat, which varies from unit to unit but generally includes boreal
rich fen, northern wet-mesic forest (including white cedar wetlands),
upland forest, shrub-scrub wetlands, emergent aquatic marsh, and
northern sedge meadow. Known threats to the primary constituent
elements include loss of habitat due to residential and commercial
development, ecological succession, invasive plants, utility and road
construction and maintenance, alteration of the hydrology of wetlands
(e.g., via quarrying or beaver impoundments), contamination of the
surface and ground water (e.g., via pesticide use at nearby apple/
cherry orchards (Unit 7)), agricultural practices, and logging. The
majority of the land in the unit is conservation land in public and
private ownership; the remainder of the land is privately owned. Forest
areas with 100 percent canopy that occur greater than 328 ft (100 m)
from the open forest edge of the unit but that are too small for us to
map out are not considered critical habitat.
Wisconsin Unit 8--Door County, Wisconsin
Wisconsin Unit 8 consists of 70 ac (28 ha) in Door County,
Wisconsin and includes Arbter Lake. This unit was not known to be
occupied at the time of listing. All PCEs for the Hine's emerald
dragonfly are present in this unit. Numerous male and female adults as
well as ovipositing has been observed in this unit; crayfish burrows
and rivulets are present. The unit consists of larval and adult habitat
with a mix of upland and lowland forest, and calcareous bog and fen
communities. Known threats to the primary constituent elements include
encroachment of larval habitat by invasive plants and alteration of
local groundwater hydrology (e.g., via quarrying activities),
contamination of surface and groundwater, and logging. Land in this
unit is owned by The Nature Conservancy and other private landowners.
Wisconsin Unit 9--Door County, Wisconsin
Wisconsin Unit 9 consists of 1,193 ac (483 ha) in Door County,
Wisconsin associated with Keyes Creek. This unit was not known to be
occupied at the time of listing. All PCEs for the Hine's emerald
dragonfly are present in this unit. Numerous male and female adults
have been seen in this unit; ovipositing females have been observed.
Crayfish burrows are present. The unit consists of larval and adult
habitat with a mix of upland and lowland forest, scrub-shrub wetlands,
and emergent marsh. Known threats to the primary constituent elements
are loss and/or degradation of habitat due to development, groundwater
depletion or alteration, surface and groundwater contamination,
alteration of the hydrology of the wetlands (e.g., via stream
impoundment, road construction and maintenance, and logging). The
majority of the land in this unit is a State Wildlife Area owned by the
Wisconsin Department of Natural Resources with the remainder of the
land privately owned. Forest areas with 100 percent canopy that occur
greater than 328 ft (100 m) from the open forest edge of the unit are
not considered critical habitat.
Wisconsin Unit 10--Ozaukee County, Wisconsin
Wisconsin Unit 10 consists of 2,312 ac (936 ha) in Ozaukee County,
Wisconsin and includes much of Cedarburg Bog. This unit was not known
to be occupied at the time of listing. All PCEs for the Hine's emerald
dragonfly are present in this unit. Numerous male and female adults
have been seen in this unit including teneral adults; ovipositing
females have been observed. Crayfish burrows are present. The unit
consists of larval and adult habitat with a mix of shrub-carr,
``patterned'' bog composed of forested ridges and sedge mats, wet
meadow, and lowland forest. Known threats to the primary constituent
elements are loss and/or degradation of habitat due to residential
development, groundwater depletion or alteration, surface and
groundwater contamination, invasive species, road construction and
maintenance, and logging. The majority of area in the unit is State
land and the remainder of the land is privately owned.
Wisconsin Sites Under Evaluation for Critical Habitat Designation
Three Wisconsin sites are being evaluated to determine if they
provide essential habitat for the Hine's emerald dragonfly. Those sites
are the Black Ash Swamp in southern Door County and northern Kewaunee
County, Kellner's Fen in Door County, and the area in and around
Ephraim Swamp in Door County. Currently adult Hine's emerald
dragonflies have been observed in these areas, but breeding has not
been confirmed. Surveys are planned for summer 2006. Information from
those surveys will be used to determine whether any of the sites are
appropriate for designation as critical habitat, and therefore may be
considered for inclusion in the final designation.
Effects of Critical Habitat Designation
Section 7 Consultation
Section 7 of the Act requires Federal agencies, including the
Service, to ensure that actions they fund, authorize, or carry out are
not likely to destroy or adversely modify critical habitat. In our
regulations at 50 CFR 402.02, we define destruction or adverse
modification as ``a direct or indirect alteration that appreciably
diminishes the value of critical habitat for both the survival and
recovery of a listed species. Such alterations include, but are not
limited to, alterations adversely modifying any of those physical or
biological features that were the basis for determining the habitat to
be critical.'' However, recent
[[Page 42458]]
decisions by the 5th and 9th Circuit Court of Appeals have invalidated
this definition (see Gifford Pinchot Task Force v. U.S. Fish and
Wildlife Service, 378 F. 3d 1059 (9th Cir 2004) and Sierra Club v. U.S.
Fish and Wildlife Service et al., 245 F.3d 434, 442F (5th Cir 2001)).
Pursuant to current national policy and the statutory provisions of the
Act, destruction or adverse modification is determined on the basis of
whether, with implementation of the proposed Federal action, the
affected critical habitat would remain functional (or retain the
current ability for the primary constituent elements to be functionally
established) to serve the intended conservation role for the species.
Section 7(a) of the Act requires Federal agencies, including the
Service, 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 proposed or 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 with
us 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. This is a procedural requirement only.
However, once proposed species become listed, or proposed critical
habitat is designated as final, the full prohibitions of section
7(a)(2) apply to any Federal action. The primary utility of the
conference procedures is to maximize the opportunity for a Federal
agency to adequately consider proposed species and critical habitat and
avoid potential delays in implementing their proposed action as a
result of the section 7(a)(2) compliance process, should those species
be listed or the critical habitat designated.
Under conference procedures, the Service may provide advisory
conservation recommendations to assist the agency in eliminating
conflicts that may be caused by the proposed action. The Service may
conduct either informal or formal conferences. Informal conferences are
typically used if the proposed action is not likely to have any adverse
effects to the proposed species or proposed critical habitat. Formal
conferences are typically used when the Federal agency or the Service
believes the proposed action is likely to cause adverse effects to
proposed species or critical habitat, inclusive of those that may cause
jeopardy or adverse modification.
The results of an informal conference are typically transmitted in
a conference report; while the results of a formal conference are
typically transmitted in a conference opinion. Conference opinions on
proposed critical habitat are typically prepared according to 50 CFR
402.14, as if the proposed critical habitat were designated. We may
adopt the conference opinion as the biological opinion when the
critical habitat is designated, if no substantial new information or
changes in the action alter the content of the opinion (see 50 CFR
402.10(d)). As noted above, any conservation recommendations in a
conference report or opinion are strictly advisory.
If a species is listed or critical habitat is designated, section
7(a)(2) of the Act 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 (action agency)
must enter into consultation with us. As a result of this consultation,
compliance with the requirements of section 7(a)(2) will be documented
through the Service's issuance of: (1) A concurrence letter for Federal
actions that may affect, but are not likely to adversely affect, listed
species or critical habitat; or (2) a biological opinion for Federal
actions that may affect, but are likely to adversely affect, listed
species or critical habitat.
When we issue a biological opinion concluding that a project is
likely to result in jeopardy to a listed species or the destruction or
adverse modification of critical habitat, we also provide reasonable
and prudent alternatives to the project, if any are identifiable.
``Reasonable and prudent alternatives'' are defined at 50 CFR 402.02 as
alternative actions identified during consultation that can be
implemented in a manner consistent with the intended purpose of the
action, that are consistent with the scope of the Federal agency's
legal authority and jurisdiction, that are economically and
technologically feasible, and that the Director believes would avoid
jeopardy to the listed species or destruction or adverse modification
of critical habitat. Reasonable and prudent alternatives can vary from
slight project modifications to extensive redesign or relocation of the
project. Costs associated with implementing a reasonable and prudent
alternative are similarly variable.
Regulations at 50 CFR 402.16 require Federal agencies to reinitiate
consultation on previously reviewed actions in instances where a new
species is listed or critical habitat is subsequently designated that
may be affected and the Federal agency has retained discretionary
involvement or control over the action or such discretionary
involvement or control is authorized by law. Consequently, some Federal
agencies may request reinitiation of consultation with us on actions
for which formal consultation has been completed, if those actions may
affect subsequently listed species or designated critical habitat or
adversely modify or destroy proposed critical habitat.
Federal activities that may affect the Hine's emerald dragonfly or
its designated critical habitat will require section 7 consultation
under the Act. Activities on State, Tribal, local, or private lands
requiring a Federal permit (such as a permit from the Corps under
section 404 of the Clean Water Act or a permit under section
10(a)(1)(B) of the Act from the Service) or involving some other
Federal action (such as funding from the Federal Highway
Administration, Federal Aviation Administration, or the Federal
Emergency Management Agency) will also be subject to the section 7
consultation process. Federal actions not affecting listed species or
critical habitat, and actions on State, tribal, local or private lands
that are not federally-funded, authorized, or permitted, do not require
section 7 consultations.
Application of the Jeopardy and Adverse Modification Standards for
Actions Involving Effects to the Hine's Emerald Dragonfly and Its
Critical Habitat
Jeopardy Standard
Prior to and following designation of critical habitat, the Service
has applied an analytical framework for Hine's emerald dragonfly
jeopardy analyses that relies heavily on the importance of core area
populations to the survival and recovery of the Hine's emerald
dragonfly. The section 7(a)(2) analysis is focused not only on these
populations but also on the habitat conditions necessary to support
them.
The jeopardy analysis usually expresses the survival and recovery
needs of the Hine's emerald dragonfly in a qualitative fashion without
making distinctions between what is necessary for survival and what is
necessary for recovery. Generally, if a proposed Federal action is
incompatible with the viability of the affected core area
population(s), inclusive of associated
[[Page 42459]]
habitat conditions, a jeopardy finding is considered to be warranted,
because of the relationship of each core area population to the
survival and recovery of the species as a whole.
Adverse Modification Standard
The analytical framework described in the Director's December 9,
2004, memorandum is used to complete section 7(a)(2) analyses for
Federal actions affecting Hine's emerald dragonfly critical habitat.
The key factor related to the adverse modification determination is
whether, with implementation of the proposed Federal action, the
affected critical habitat would remain functional (or retain the
current ability for the primary constituent elements to be functionally
established) to serve the intended conservation role for the species.
Generally, the conservation role of Hine's emerald dragonfly critical
habitat units is to support viable core area populations.
Section 4(b)(8) of the Act requires us to briefly evaluate and
describe in any proposed or final regulation that designates critical
habitat those activities involving a Federal action that may destroy or
adversely modify such habitat, or that may be affected by such
designation. Activities that may destroy or adversely modify critical
habitat may also jeopardize the continued existence of the species.
Activities that may destroy or adversely modify critical habitat
are those that alter the PCEs to an extent that the conservation value
of critical habitat for the Hine's emerald dragonfly is appreciably
reduced. Activities that, when carried out, funded, or authorized by a
Federal agency, may affect critical habitat and therefore result in
consultation for the Hine's emerald dragonfly include, but are not
limited to:
(1) Actions that would significantly increase succession and
encroachment of invasive species. Such activities could include, but
are not limited to, release of nutrients and road salt (NaCl, unless it
would result in an increased degree of threat to human safety) into the
surface water or connected groundwater at a point source or by
dispersed release (non-point source), and introduction of invasive
species through human activities in the habitat. These activities can
result in conditions that are favorable to invasive species and would
provide an ecological advantage over native vegetation, fill rivulets
and seepage areas occupied by Hine's emerald dragonfly larva, reduce
detritus that provides cover for larva, and reduce flora and fauna
necessary for the species to complete its lifecycle. Actions that would
increase succession and encroachment of invasive species could
negatively impact the Hine's emerald dragonfly and the species'
habitat.
(2) Actions that would significantly increase sediment deposition
within the rivulets and seepage areas occupied by Hine's emerald
dragonfly larva. Such activities could include, but are not limited to,
excessive sedimentation from livestock grazing, road construction,
channel alteration, timber harvest, all terrain vehicle use, equestrian
use, feral pig introductions, maintenance of rail lines, and other
watershed and floodplain disturbances. These activities could eliminate
or reduce the habitat necessary for the growth and reproduction of
Hine's emerald dragonflies and their prey base by increasing the
sediment deposition to levels that would adversely affect their ability
to complete their life cycles. Actions that would significantly
increase sediment deposition within rivulets and seepage areas could
negatively impact the Hine's emerald dragonfly and the species'
habitat.
(3) Actions that would significantly alter water quantity and
quality. Such activities could include, but are not limited to,
groundwater extraction; alteration of surface and subsurface areas
within groundwater recharge areas; and release of chemicals, biological
pollutants, or heated effluents into the surface water or groundwater
recharge area at a point source or by dispersed release (non-point
source). These activities could alter water conditions such that they
are beyond the tolerances of the Hine's emerald dragonfly and its prey
base, and result in direct or cumulative adverse affects to these
individuals and their life cycles. Actions that would significantly
alter water quantity and quality could negatively impact the Hine's
emerald dragonfly and the species' habitat.
(4) Actions that would significantly alter channel morphology or
geometry. Such activities could include but are not limited to, all
terrain vehicle use, equestrian use, feral pig introductions,
channelization, impoundment, road and bridge construction, mining, and
loss of emergent vegetation. These activities may lead to changes in
water flow velocity, temperature, and quantity that would negatively
impact the Hine's emerald dragonfly and their prey base and/or their
habitats. Actions that would significantly alter channel morphology or
geometry could negatively impact the Hine's emerald dragonfly and the
species' habitat.
(5) Actions that would fragment habitat and impact adult foraging
or dispersal. Such activities could include, but are not limited to,
road construction, destruction or fill of wetlands, and high-speed
railroad and vehicular traffic. These activities may adversely affect
dispersal resulting in a reduction in fitness and genetic exchange
within populations as well as direct mortality of individuals. Actions
that would fragment habitat and impact adult foraging or dispersal
could negatively impact the Hine's emerald dragonfly and the species'
habitat.
All of the units proposed as critical habitat, as well as those
that are being considered for exclusion, are determined to contain
features essential to the conservation of the Hine's emerald dragonfly
or to otherwise be essential to the conservation of the species . All
units are within the geographical range of the species, all were
occupied by the species at the time of listing (based on observations
made within the last 23 years) or are currently occupied and are
considered essential to the conservation of the species, and all are
likely to be used by the Hine's emerald dragonfly. Federal agencies
already consult with us on activities in areas currently occupied by
the Hine's emerald dragonfly, or if the species may be affected by the
action, to ensure that their actions do not jeopardize the continued
existence of the Hine's emerald dragonfly.
Exclusion Under Section 4(b)(2) of the Act
Section 4(b)(2) of the Act states that critical habitat shall be
designated, and revised, on the basis of the best available scientific
data after taking into consideration the economic impact, national
security impact, and any other relevant impact, of specifying any
particular area as critical habitat. The Secretary may exclude an area
from critical habitat if he determines that the benefits of such
exclusion outweigh the benefits of specifying such area as part of the
critical habitat, unless he determines, based on the best scientific
data available, that the failure to designate such area as critical
habitat will result in the extinction of the species. In making that
determination, the Secretary is afforded broad discretion and the
Congressional record is clear that in making a determination under the
section the Secretary has discretion as to which factors and how much
weight will be given to any factor.
Under section 4(b)(2), in considering whether to exclude a
particular area from the designation, we must identify the benefits of
including the area in the
[[Page 42460]]
designation, identify the benefits of excluding the area from the
designation, and determine whether the benefits of exclusion outweigh
the benefits of inclusion. If an exclusion is contemplated, then we
must determine whether excluding the area would result in the
extinction of the species. In the following sections, we address a
number of general issues that are relevant to the exclusions we are
considering.
Conservation Partnerships on Non-Federal Lands
Most federally listed species in the United States will not recover
without the cooperation of non-Federal landowners. More than 60 percent
of the United States is privately owned (National Wilderness Institute
1995) and at least 80 percent of endangered or threatened species occur
either partially or solely on private lands (Crouse et al. 2002). Stein
et al. (1995) found that only about 12 percent of listed species were
found almost exclusively on Federal lands (i.e., 90-100 percent of
their known occurrences restricted to Federal lands) and that 50
percent of federally listed species are not known to occur on Federal
lands at all.
Given the distribution of listed species with respect to land
ownership, conservation of listed species in many parts of the United
States is dependent upon working partnerships with a wide variety of
entities and the voluntary cooperation of many non-Federal landowners
(Wilcove and Chen 1998; Crouse et al. 2002; James 2002). Building
partnerships and promoting voluntary cooperation of landowners is
essential to understanding the status of species on non-Federal lands
and is necessary to implement recovery actions such as reintroducing
listed species, habitat restoration, and habitat protection.
Many non-Federal landowners derive satisfaction from contributing
to endangered species recovery. The Service promotes these private-
sector efforts through the Four Cs philosophy--conservation through
communication, consultation, and cooperation. This philosophy is
evident in Service programs such as Habitat Conservation Plans (HCPs),
Safe Harbors, Candidate Conservation Agreements, Candidate Conservation
Agreements with Assurances, and conservation challenge cost-share. Many
private landowners, however, are wary of the possible consequences of
encouraging endangered species to their property, and there is mounting
evidence that some regulatory actions by the Federal Government, while
well-intentioned and required by law, can under certain circumstances
have unintended negative consequences for the conservation of species
on private lands (Wilcove et al. 1996; Bean 2002; Conner and Mathews
2002; James 2002; Koch 2002; Brook et al. 2003). Many landowners fear a
decline in their property value due to real or perceived restrictions
on land-use options where threatened or endangered species are found.
Consequently, harboring endangered species is viewed by many landowners
as a liability, resulting in anti-conservation incentives because
maintaining habitats that harbor endangered species represents a risk
to future economic opportunities (Main et al. 1999; Brook et al. 2003).
The purpose of designating critical habitat is to contribute to the
conservation of threatened and endangered species and the ecosystems
upon which they depend. The outcome of the designation, triggering
regulatory requirements for actions funded, authorized, or carried out
by Federal agencies under section 7 of the Act, can sometimes be
counterproductive to its intended purpose. According to some
researchers, the designation of critical habitat on private lands
significantly reduces the likelihood that landowners will support and
carry out conservation actions (Main et al. 1999; Bean 2002; Brook et
al. 2003). The magnitude of this negative outcome is greatly amplified
in situations where active management measures (e.g., reintroduction,
fire management, control of invasive species) are necessary for species
conservation (Bean 2002).
The Service believes that the judicious use of excluding specific
areas from critical habitat designations can contribute to species
recovery and provide a superior level of conservation than critical
habitat alone. For example, less than 17 percent of Hawaii is federally
owned, but the state is home to more than 24 percent of all federally
listed species, most of which will not recover without State and
private landowner cooperation. On the island of Lanai, Castle and Cooke
Resorts, LLC, which owns 99 percent of the island, entered into a
conservation agreement with the Service. The conservation agreement
provides conservation benefits to target species through management
actions that remove threats (e.g., axis deer, mouflon sheep, rats,
invasive nonnative plants) from the Lanaihale and East Lanai Regions.
Specific management actions include fire control measures, nursery
propagation of native flora (including the target species) and planting
of such flora. These actions will significantly improve the habitat for
all currently occurring species. Due to the low likelihood of a Federal
nexus on the island we believe that the benefits of excluding the lands
covered by the conservation agreement exceeded the benefits of
including them. As stated in the final critical habitat rule for
endangered plants on the Island of Lanai:
On Lanai, simply preventing ``harmful activities'' will not slow
the extinction of listed plant species. Where consistent with the
discretion provided by the Act, the Service believes it is necessary
to implement policies that provide positive incentives to private
landowners to voluntarily conserve natural resources and that remove
or reduce disincentives to conservation. While the impact of
providing these incentives may be modest in economic terms, they can
be significant in terms of conservation benefits that can stem from
the cooperation of the landowner. The continued participation of
Castle and Cooke Resorts, LLC, in the existing Lanai Forest and
Watershed Partnership and other voluntary conservation agreements
will greatly enhance the Service's ability to further the recovery
of these endangered plants.
Cooperative conservation is the foundation of the Service's actions
to protect species, and the Service has many tools by which it can
encourage and implement partnerships for conservation. These tools
include conservation grants, funding for Partners for Fish and Wildlife
Program, the Coastal Program, and cooperative-conservation challenge
cost-share grants. Our Private Stewardship Grant Program and Landowner
Incentive Program provide assistance to private landowners in their
voluntary efforts to protect threatened, imperiled, and endangered
species, including the development and implementation of HCPs.
Conservation agreements with non-Federal landowners (e.g., HCPs,
contractual conservation agreements, easements, and stakeholder-
negotiated State regulations) enhance species conservation by extending
species protections beyond those available through section 7
consultations. In the past decade we have encouraged non-Federal
landowners to enter into conservation agreements, based on a view that
we can achieve greater species conservation on non-Federal land through
such partnerships than we can through other methods (61 FR 63854;
December 2, 1996).
General Principles of Section 7 Consultations Used in the Section
4(b)(2) Balancing Process
The most direct, and potentially largest, regulatory benefit of
critical
[[Page 42461]]
habitat is that federally authorized, funded, or carried out activities
require consultation pursuant to section 7 of the Act to ensure that
they are not likely to destroy or adversely modify critical habitat.
There are two limitations to this regulatory effect. First, it only
applies where there is a Federal nexus--if there is no Federal nexus,
designation itself does not restrict actions that destroy or adversely
modify critical habitat. Second, it only limits destruction or adverse
modification. By its nature, the prohibition on adverse modification is
designed to ensure maintenance of the value of those areas that contain
the physical and biological features essential to the conservation of
the species or unoccupied areas that are essential to the conservation
of the species. Critical habitat designation alone, however, does not
require specific steps toward recovery.
Once consultation under section 7 of the Act is triggered, the
process may conclude informally when the Service concurs in writing
that the proposed Federal action is not likely to adversely affect the
listed species or its critical habitat. However, if the Service
determines through informal consultation that adverse impacts are
likely to occur, then formal consultation would be initiated. Formal
consultation concludes with a biological opinion issued by the Service
on whether the proposed Federal action is likely to jeopardize the
continued existence of a listed species or result in destruction or
adverse modification of critical habitat, with separate analyses being
made under both the jeopardy and the adverse modification standards.
For critical habitat, a biological opinion that concludes in a
determination of no destruction or adverse modification may contain
discretionary conservation recommendations to minimize adverse effects
to primary constituent elements, but it would not contain any mandatory
reasonable and prudent measures or terms and conditions. Mandatory
reasonable and prudent alternatives to the proposed Federal action
would only be issued when the biological opinion results in a jeopardy
or adverse modification conclusion.
We also note that for 30 years prior to the Ninth Circuit Court's
decision in Gifford Pinchot Task Force v. U.S. Fish and Wildlife
Service, 378 F.3d 1059 (9th Cir 2004) (hereinafter Gifford Pinchot),
the Service equated the jeopardy standard with the standard for
destruction or adverse modification of critical habitat. The Court
ruled that the Service could no longer equate the two standards and
that adverse modification evaluations require consideration of impacts
on the recovery of species. Thus, under the Gifford Pinchot decision,
critical habitat designations may provide greater benefits to the
recovery of a species. However, we believe the conservation achieved
through implementing HCPs or other habitat management plans is
typically greater than would be achieved through multiple site-by-site,
project-by-project, section 7 consultations involving consideration of
critical habitat. Management plans commit resources to implement long-
term management and protection to particular habitat for at least one
and possibly other listed or sensitive species. Section 7 consultations
only commit Federal agencies to prevent adverse modification to
critical habitat caused by the particular project, and they are not
committed to provide conservation or long-term benefits to areas not
affected by the proposed project. Thus, any HCP or management plan
which considers enhancement or recovery as the management standard will
always provide as much or more benefit than a consultation for critical
habitat designation conducted under the standards required by the Ninth
Circuit Court in the Gifford Pinchot decision.
The information provided in this section applies to all the
discussions below that discuss the benefits of inclusion and exclusion
of critical habitat in that it provides the framework for the
consultation process.
Educational Benefits of Critical Habitat
A benefit of including lands in critical habitat is that the
designation of critical habitat serves to educate landowners, State and
local governments, and the public regarding the potential conservation
value of an area. This helps focus and promote conservation efforts by
other parties by clearly delineating areas of high conservation value
for the Hine's emerald dragonfly. In general the educational benefit of
a critical habitat designation always exists, although in some cases it
may be redundant with other educational effects. For example, HCPs have
significant public input and may largely duplicate the educational
benefit of a critical habitat designation. This benefit is closely
related to a second, more indirect benefit: That designation of
critical habitat would inform State agencies and local governments
about areas that could be conserved under State laws or local
ordinances.
The information provided in this section applies to all the
discussions below that discuss the benefits of inclusion and exclusion
of critical habitat.
We are considering the exclusion of Michigan Units 1 and 2
(Hiawatha National Forest lands), and all Missouri units (1-26) from
the final designation of critical habitat for the Hine's emerald
dragonfly because we believe that the benefits of excluding these
specific areas from the designation outweigh the inclusion of the
specific areas. We believe that the exclusion of these areas from the
final designation of critical habitat will not result in the extinction
of the Hine's emerald dragonfly. We specifically solicit comment,
however, on the inclusion or exclusion of such areas in the final
designation. We will also review other relevant information concerning
units being proposed in this rule as we receive it to determine whether
any other units, or portions thereof, should be excluded from the final
designation.
Michigan Units
Michigan Unit 1 and Michigan Unit 2 are on Hiawatha National Forest
lands. The Hiawatha National Forest (Hiawatha) contains 895,313 ac
(362,320 ha) of land in the eastern portion of the Upper Peninsula of
Michigan. Hiawatha is broken into an east and west unit and contains a
diversity of upland and wetland community types. In 2006, Hiawatha
revised its Land and Resource Management Plan (Forest Plan, U.S.
Department of Agriculture 2006). We completed a section 7 consultation
for the Hiawatha Forest Plan that addresses federally listed resources,
including the Hine's emerald dragonfly. The Hiawatha Forest Plan guides
Hiawatha's activities over the next 15 years. We determined in our
biological opinion resulting from that section 7 consultation that the
implementation of the Plan would not jeopardize the continued existence
of the Hine's emerald dragonfly.
The Hiawatha Forest Plan contains management direction that would
serve to protect and conserve Hine's emerald dragonfly breeding and
foraging habitats. Several standards, guidelines, and objectives in the
Hiawatha Forest Plan are pertinent to Hine's emerald dragonfly. Two key
standards provide strong assurances that Hine's emerald dragonflies
will be protected and managed on the Hiawatha National Forest. The
standards are (1) all Hine's emerald dragonfly breeding sites will be
protected, and (2) signed recovery plans for federally threatened and
endangered species will be implemented (United States Department of
Agriculture 2006, p. 26). Standards as listed in the Hiawatha Forest
Plan are required courses of action. An amendment of the Hiawatha
Forest Plan is required to change a standard and would trigger
[[Page 42462]]
consultation with us under section 7 of the Act.
In addition to Hiawatha's Forest Plan, several voluntary activities
show Hiawatha's commitment to Hine's emerald dragonfly and other listed
species conservation. Over the last 5 years the Hiawatha has completed
several dragonfly surveys that have led to the identification of at
least two new Hine's emerald dragonfly breeding areas. In 2005, the
Hiawatha hosted a Hine's emerald dragonfly workshop that provided
critical education and outreach to Federal, State, and private field
staff. They are also actively managing or protecting lands in an effort
to help in the recovery of several other federally listed species
including the piping plover and Kirtland's warbler.
We believe that the standards and guidelines outlined in the
Hiawatha Forest Plan and the Forest's commitment to protect and recover
federally listed species through section 7(a)(1) and 7(a)(2),
adequately address identified threats to the Hine's emerald dragonfly
and its habitat. Thus the relative benefits of inclusion of these lands
within designated critical habitat are diminished.
(1) Benefits of Inclusion
The primary effect of designating any particular area as critical
habitat is the requirement for Federal agencies to consult with us
pursuant to section 7 of the Act to ensure actions they carry out,
authorize, or fund do not destroy or adversely modify designated
critical habitat. Absent critical habitat designation, Federal agencies
remain obligated under section 7 to consult with us on actions that may
affect a federally listed species to ensure such actions do not
jeopardize the species' continued existence. The Forest Service
routinely consults with us for activities on the Hiawatha National
Forest that may affect federally listed species to ensure that the
continued existence of such species is not jeopardized.
Designation of critical habitat may also provide educational
benefits by informing land managers of areas essential to the
conservation of the Hine's emerald dragonfly. In the case of Hiawatha
National Forest, there is no appreciable educational benefit because
the Forest managers have already demonstrated their knowledge and
understanding of essential habitat for the species through their active
recovery efforts, consultation, and workshops. Furthermore, the
benefits of including the Hiawatha National Forest in designated
critical habitat are minimal because the Forest managers are currently
implementing conservation actions for the Hine's emerald dragonfly that
equal or exceed those that would be realized if critical habitat were
designated.
(2) Benefits of Exclusion
Designation of critical habitat on the Hiawatha National Forest
would trigger a requirement for the U.S. Forest Service to consult on
activities that may affect designated critical habitat. Designation of
critical habitat would also require reinitiating consultation on
ongoing activities where a consultation may have already been completed
that assessed the effects to a federally listed species. The
requirement to undertake additional consultations or revisit already
completed consultations specifically to address the effects of
activities on designated critical habitat could delay or impair the
U.S. Forest Service's planned activities. If the area is not excluded,
it might adversely impact the agency's willingness to devote limited
resources to the voluntary conservation measures noted above, which
exceed those that could be required from a critical habitat
designation.
(3) Benefits of Proposed Exclusion Outweigh the Benefits of Inclusion
We anticipate that our final decision will make the following
determination, unless information submitted in response to the proposal
causes us to reach a different conclusion.
We find that the benefits of designating critical habitat for the
Hine's emerald dragonfly on Hiawatha National Forest are small in
comparison to the benefits of excluding these specific areas from the
final designation. Exclusion would enhance the partnership efforts with
the Forest Service focused on conservation of the species on the
Hiawatha National Forest, and potentially reduce some of the
administrative costs during consultation pursuant to section 7 of the
Act.
(4) The Proposed Exclusion Will Not Result in Extinction of the Species
We anticipate that our final decision will make the following
determination, unless information submitted in response to the proposal
causes us to reach a different conclusion.
We believe that the proposed exclusion of Michigan Units 1 and 2
from critical habitat would not result in the extinction of Hine's
emerald dragonfly because current conservation efforts under the Land
and Resource Management Plan for the Hiawatha National Forest
adequately protect essential Hine's emerald dragonfly habitat and go
beyond this to provide appropriate management to maintain and enhance
the primary constituent elements for the Hine's emerald dragonfly.
Designation of critical habitat would not require the benefits of the
current conservation efforts, but only that habitat not be destroyed or
adversely modified. As such, there is no reason to believe that this
proposed exclusion would result in extinction of the species.
Missouri Units
Federal Land
Missouri Units 1, 2, 3, 5, 7, 8 (in part), 11 (in part), 21, 23,
24, 25, and 26 are on U.S. Forest Service lands (Mark Twain National
Forest). The Mark Twain National Forest (Mark Twain) contains
approximately 1.5 million acres (607,028 hectares) of land in southern
and central Missouri. In 2005, Mark Twain revised their Land and
Resource Management Plan (Forest Plan; U.S. Department of Agriculture
2005, Chapter 2, pp. 1-14). That Plan, through implementation of the
standards and guides established for the Hine's emerald dragonfly on
the Mark Twain, addresses threats to the species on U.S. Forest Service
lands in Missouri. We completed a section 7 consultation for the Mark
Twain Forest Plan that addresses federally listed resources, including
the Hine's emerald dragonfly. We determined in our biological opinion
resulting from that section 7 consultation that the implementation of
the Plan would not jeopardize the continued existence of the Hine's
emerald dragonfly.
The 2005 Forest Plan contains specific direction for management of
fen habitat and for fens with known or suspected populations of Hine's
emerald dragonflies. The Plan also contains standards and guidelines to
protect soil productivity and water quality while implementing all
management actions. These standards and guidelines are required courses
of action; a Forest Plan Amendment is required to change a standard.
Standards and Guidelines may be modified only if site-specific
conditions warrant the modification, and rationale for the modification
is given in a National Environmental Policy Act (NEPA) document.
The fen standards and guidelines prohibit mechanical disturbance,
and establish buffer zones around fen edges. Certain management
activities are prohibited or modified within the buffer zones. The fen
standards and guidelines require new road design to maintain
[[Page 42463]]
hydrologic functioning of fens and encourage relocation of roads or
restoration of hydrology where existing roads interfere with natural
water flow. The fen standards and guidelines encourage management of
fire-dependent wetland communities with a fire regime similar to that
with which the communities evolved. (U.S. Department of Agriculture
2005, Chapter 2, pp. 13-14).
The specific standards and guidelines (U.S. Department of
Agriculture 2005, Chapter 2, p. 8) for the Hine's emerald dragonfly and
its habitat include: (1) Control nonnative invasive and/or undesirable
plant species in fen habitats through the most effective means possible
while protecting water quality (Standard); (2) Restore local hydrology
by eliminating old drainage ditches or other water diversionary
structures when possible if such activities would not result in a loss
of habitat (Guideline); (3) Fens that harbor known populations of
Hine's emerald dragonfly should be prescribe burned to control invasion
of woody species or as part of larger landscape restoration and
enhancement projects (Guideline); (4) Prescribed burns on fens that
harbor known or suspected populations of Hine's emerald dragonfly must
be scheduled to occur from November through April (Standard); (5)
Prohibit vehicle and heavy equipment use in fens, unless needed to
improve Hine's emerald dragonfly habitat (Standard); and (6) Control
unauthorized vehicle access to fens (Standard).
Implementing the Forest Plan's standards and guidelines will
maintain the natural hydrology, restore natural fire regimes, and
control undesirable plant species to maintain the PCEs identified for
the Hine's emerald dragonfly on the Mark Twain National Forest.
Additionally, prohibiting mechanical disturbance in fens will protect
the integrity of crayfish burrows and maintain important larval
habitat.
In addition to the 2005 Forest Plan, the Mark Twain National Forest
completed a ``Threats Assessment of Fens Containing Hines' Emerald
Dragonfly'' in September 2005. This assessment describes threats to
individual fens and provides recommendations to eliminate or minimize
those threats. Primary recommendations are to increase the use of
prescribed fire at many of the fens, and construct fences to keep all
terrain vehicles and feral hogs out of a few of the locations.
Potential disturbance due to equestrian use will be minimized through
coordination with the appropriate U.S. Forest Service District Office;
signs and fencing will be used, if necessary, to alleviate this threat.
Effective control measures will minimize threats from feral hogs and
beavers. In 2005, beavers were effectively removed from Missouri Unit 5
where flood water associated with a beaver dam threatened the integrity
of the adjacent fen.
We believe that the standards and guidelines outlined in the Mark
Twain's National Forest Land Resource Management Plan, guidelines
identified in the U.S. Forest Service's 2005 Threats Assessment, and
the agency's commitment to manage and maintain important fen habitat
through section 7(a)(1) and 7(a)(2) consultation, adequately address
identified threats to the Hine's emerald dragonfly and its habitat.
Thus the relative benefits of inclusion of these lands within
designated critical habitat are diminished and limited.
State Land
We are considering the exclusion of all State-owned land in
Missouri under section 4(b)(2) of the Act. We will review State
management plans in Illinois, Wisconsin, and Michigan to determine
their adequacy in protecting and managing Hine's emerald dragonfly
habitat as they are made available.
Missouri Units 14, 16, 17, 18, and 22 are under MDC ownership.
Threats identified on land owned and managed by the MDC are feral hogs,
habitat fragmentation, road construction and maintenance, all terrain
vehicles, beaver dams, and management conflicts. The MDC has developed
management plans for the five conservation areas where the Hine's
emerald dragonfly has been documented (Missouri Natural Areas Committee
2001, 2006; Missouri Department of Conservation 2006a, 2006b, 2006c).
These plans provide for long-term management and maintenance of fen
habitat essential for larval development and adjacent habitat that
provides for foraging and resting needs for the species. Areas of
management concern include the fen proper, adjacent open areas for
foraging, adjacent shrubs, and a 328 ft (100 m) forest edge buffer to
provide habitat for resting and predator avoidance. Based on initial
groundwater recharge delineation studies by Aley and Aley (2004, p.
22), the 328 ft (100 m) buffer will also facilitate the maintenance of
the hydrology associated with each unit. Actions outlined in area
management plans will address threats to habitat by preventing the
encroachment of invasive woody plants (ecological succession), and by
maintaining open conditions of the fen and surrounding areas with
prescribed fire and stand improvement through various timber management
practices.
The potential impact of feral hogs on fens and any possible
conflicts in management on MDC-owned lands will be accomplished through
various control methods that will be coordinated among area managers,
the MDC's Private Land Services (PLS) Division and Natural History
biologists, MDC's Recovery Coordinator for the species, the Service,
the Missouri Hine's Emerald Dragonfly Workgroup, and the Federal Hine's
Emerald Dragonfly Recovery Team (Recovery Team). Effective control
measures will minimize threats from feral hogs and beavers. We believe
that management guidelines outlined in the conservation area plans and
natural area plans and the close coordination among the various
agencies mentioned above (plus other identified species experts as
needed), will adequately address identified threats to Hine's emerald
dragonfly and its habitat on MDC lands. Thus the relative benefits of
inclusion of these lands within designated critical habitat are
diminished and limited.
Private Land
We are considering the exclsuion of all private land in Missouri
under section 4(b)(2) of the Act. We will continue to review management
plans, partnerships, and conservation agreements in Illinois,
Wisconsin, and Michigan to determine their adequacy in protecting and
managing Hine's emerald dragonfly habitat as they are made available.
Missouri Units 2 (in part), 4, 6, 8 (in part), 9, 10, 11 (in part),
12, 13, 15, 19, and 20 are under private ownership. Threats identified
on private land are feral hogs, habitat fragmentation, road
construction and maintenance, ecological succession, all terrain
vehicles, beaver dams, utility maintenance, application of herbicides,
and change in ownership. All threats listed above for private property
in Missouri will be addressed through close coordination among
personnel with the MDC's PLS Division or Regional Natural History
biologists and private landowners. Additionally, MDC personnel work
closely and proactively with the National Resources Conservation
Service (NRCS) and the Service's Partners for Fish and Wildlife Program
to initiate management and maintenance actions on fens occupied by
Hine's emerald dragonfly that will benefit the species and alleviate
potential threats.
Effective control measures will be incorporated to minimize threats
from feral hogs and beavers by providing
[[Page 42464]]
recommendations to private landowners through coordination with MDC's
PLS Division or Regional Natural History biologists, the NRCS, and the
Service's Partners for Fish and Wildlife Program. The Nature
Conservancy manages Grasshopper Hollow (in Unit 11) in accordance with
the Grasshopper Hollow Management Plan (The Nature Conservancy 2006, p.
1-4) to maintain fen habitat. Utility maintenance (Units 8 and 14) and
herbicide application to maintain power line rights-of-way (Unit 8)
were identified as potential threats at two units. Those potential
threats will be minimized through close coordination among the MDC's
PLS Division, MDC's Hine's emerald dragonfly recovery coordinator, and
the appropriate utility maintenance company and its contractors. The
potential change in ownership on private land in Missouri from
cooperative landowners to ones who may not want to manage their land to
benefit the species is a concern on some private lands. This threat
will be addressed by continued close coordination between new
landowners and MDC's PLS Division or their Hine's emerald dragonfly
recovery coordinator. The landowner's access to multiple landowner
incentive programs administered through the MDC, NRCS, and the
Service's Partners for Fish and Wildlife Program will continue to be a
main focus of outreach to any potential new private property owner.
Unit 14 is under private ownership but is a designated State Natural
Area (Missouri Natural Areas Committee 2006). A plan developed for the
area ensures that the integrity of the fen is maintained (Missouri
Natural Areas Committee 2006).
Because of the close coordination and excellent working partnership
of all parties listed above, we believe that threats to Hine's emerald
dragonfly and its habitat on private property in Missouri will be
minimized. Thus, the relative benefits of inclusion of these lands
within designated critical habitat are diminished and limited.
(1) Benefits of Inclusion
The primary effect of designating any particular area as critical
habitat is the requirement for Federal agencies to consult with us
under section 7 of the Act to ensure actions they carry out, authorize,
or fund do not destroy or adversely modify designated critical habitat.
Absent critical habitat designation, Federal agencies remain obligated
under section 7 to consult with us on actions that may affect a
federally listed species to ensure such actions do not jeopardize the
species' continued existence. The Forest Service routinely consults
with us on activities on the Mark Twain National Forest that may affect
federally listed species to ensure that the continued existence of such
species is not jeopardized.
Designation of critical habitat may also provide educational
benefits by informing land managers of areas essential to the
conservation of the Hine's emerald dragonfly. In the case of Missouri,
there is no appreciable educational benefit because the Mark Twain
National Forest, MDC, and private conservation groups have already
demonstrated their knowledge and understanding of essential habitat for
the species through active recovery efforts and consultation. The
Missouri public, particularly landowners with Hine's emerald dragonfly
habitat on their lands, is also well informed about the Hine's emerald
dragonfly.
Furthermore, the benefits of including the Mark Twain National
Forest, State-managed lands, and several of the privately owned areas
in Missouri in designated critical habitat are minimal because the land
managers/landowners are currently implementing conservation actions for
the Hine's emerald dragonfly and its habitat that are beyond those that
would be realized if critical habitat were designated.
(2) Benefits of Proposed Exclusion
Designation of critical habitat on the Mark Twain National Forest
would trigger a requirement for the U.S. Forest Service to consult on
activities that may affect designated critical habitat. Designation of
critical habitat would also require reinitiating consultation on
ongoing activities where a consultation may have already been completed
that assessed the effects to a federally listed species. The
requirement to undertake additional consultations or revisit already
completed consultations specifically to address the effects of
activities on designated critical habitat could delay or impair the
U.S. Forest Service's planned activities. If the area is not excluded,
it might adversely impact the agency's willingness to devote limited
resources to voluntary conservation measures exceeding those that could
be required from a critical habitat designation.
Excluding State-owned lands in Missouri from the critical habitat
designation will help to strengthen the already robust working
relationship between the Service and MDC. The State has a strong
history of conserving the Hine's emerald dragonfly and other federally
listed species. The Service's willingness to work closely with MDC on
innovative ways to manage federally listed species will continue to
reinforce those conservation efforts.
The designation of critical habitat on private lands in Missouri
would harm ongoing or future partnerships that have been or may be
developed on those lands. Many private landowners in Missouri view
critical habitat negatively and believe that such designation will
impact their ability to manage their land. This is despite many
attempts at public outreach and education to the contrary. Based on
past experiences in Missouri, it is likely that the designation of
critical habitat will hamper conservation actions that have been
initiated for Hine's emerald dragonfly on private land through various
landowner incentive programs. The MDC has had a longstanding history of
working with private landowners in Missouri, especially regarding
federally listed species. Of the 26 units being considered for
exclusion in the State, 12 (46 percent) are on private land. The MDC
has worked closely with the NRCS to implement various landowner
incentive programs that are available through the Farm Bill.
To further facilitate the implementation of these and other
landowner incentive programs on the ground, the MDC created the PLS
Division and established 49 positions throughout the State. The PLS
Division works with multiple landowners within the range of the Hine's
emerald dragonfly in Missouri to undertake various conservation actions
to maintain and/or enhance fen habitat. The MDC has also worked closely
with the Service's Partners for Fish and Wildlife Program to implement
various management actions on private lands. The designation of
critical habitat for the Hine's emerald dragonfly on private land in
Missouri would significantly hinder the ability to implement various
landowner incentive programs with multiple landowners and would negate
conservation benefits already initiated for the species.
The Hine's emerald dragonfly has become such a contentious issue in
Missouri that the species is often viewed negatively by private
landowners. Multiple private landowners have been contacted by MDC
personnel to obtain permission to survey the species on their property.
In many cases, access has been denied because of negative perceptions
associated with the presence of federally listed species on private
land and the perception that all fens currently occupied by the Hine's
emerald dragonfly will be designated as critical habitat.
[[Page 42465]]
Although access to survey some private land has been denied,
several landowners have conducted various management actions to benefit
the Hine's emerald dragonfly, especially in Reynolds County where the
largest amount of privately owned land with the species occurs. The
designation of critical habitat on such sites might be expected to
dissolve developing partnerships and prevent the initiation of
conservation actions in the future.
Based on potential habitat identified by examining the Service's
National Wetland Inventory maps, there are other areas with suitable
Hine's emerald dragonfly habitat where the species may be found. Many
of these sites occur on private land. Pending further research on
currently occupied sites, especially related to population dynamics and
the role Missouri populations may play in achieving the recovery
objectives outlined in the Service's Recovery Plan (U.S. Fish and
Wildlife Service 2001), the likely discovery of additional sites could
provide significant contributions towards the range-wide recovery of
the species. Thus, continued or additional denial of access to private
property could hamper the recovery of the species.
(3) Benefits of Proposed Exclusion Outweigh the Benefits of Inclusion
We anticipate that our final decision will make the following
determination, unless information submitted in response to the proposal
causes us to reach a different conclusion.
We find that the benefits of designating critical habitat for the
Hine's emerald dragonfly in Missouri are small in comparison to the
benefits of the exclusions being considered. Exclusion would enhance
the partnership efforts with the Forest Service and the MDC focused on
conservation of the species in the State, and secure conservation
benefits for the species beyond those that could be required under a
critical habitat designation. Excluding these areas also would reduce
some of the administrative costs during consultation under section 7 of
the Act.
The benefits of designating critical habitat on private lands in
Missouri are minor compared to the much greater benefits derived from
exclusion, including the maintenance of existing, established
partnerships and encouragement of additional conservation partnerships
in the future. It is our strong belief that benefits gained through
outreach efforts associated with critical habitat and additional
section 7 requirements (in the limited situations where there is a
Federal nexus), would be negated by the loss of current and future
conservation partnerships, especially given that access to private
property and the possible discovery of additional sites in Missouri
could help facilitate recovery of the species.
(4) The Proposed Exclusion Will Not Result in Extinction of the Species
We anticipate that our final decision will make the following
determination, unless information submitted in response to the proposal
causes us to reach a different conclusion.
We believe that the exclusion from critical habitat under
consideration (Missouri Units 1 through 26) would not result in the
extinction of Hine's emerald dragonfly because current conservation
efforts under the Land and Resource Management Plan for the Mark Twain
National Forest, Conservation and Natural Area Plans by the Missouri
Department of Conservation, and the TNC's Management Plan for
Grasshopper Hollow adequately protect essential Hine's emerald
dragonfly habitat and provide appropriate management to maintain and
enhance the primary constituent elements for the Hine's emerald
dragonfly. In addition, conservation partnerships on non-Federal lands
are important conservation tools for this species in Missouri that
could be negatively affected by the designation of critical habitat. As
such, there is no reason to believe that this proposed exclusion would
result in extinction of the species.
The Service is conducting an economic analysis of the impacts of
the proposed critical habitat designation and related factors, which
will be available for public review and comment. Based on public
comment on that document, the proposed designation itself, and the
information in the final economic analysis, additional (or fewer) areas
beyond those identified in this proposed rule may be excluded from
critical habitat by the Secretary under the provisions of section
4(b)(2) of the Act. This is provided for in the Act, and in our
implementing regulations at 50 CFR 424.19.
Economic Analysis
An analysis of the potential economic impacts of proposing critical
habitat for the Hine's emerald dragonfly is being prepared. We will
announce the availability of the draft economic analysis as soon as it
is completed, at which time we will seek public review and comment. At
that time, copies of the draft economic analysis will be available for
downloading from the Internet at http://www.fws.gov/midwest/endangered,
or by contacting the Chicago, Illinois Ecological Services Field Office
directly (see ADDRESSES section).
Peer Review
In accordance with the December 16, 2004, Office of Management and
Budget's ``Final Information Quality Bulletin for Peer Review,'' we
will obtain comments from at least three independent scientific
reviewers regarding the scientific data and interpretations contained
in this proposed rule. The purpose of such review is to ensure that our
critical habitat decision is based on scientifically sound data,
assumptions, and analyses. We have posted our proposed peer review plan
on our Web site at http://www.fws.gov/midwest/Science/. Public comments
on our peer review were obtained through May 26, 2006, after which we
finalized our peer review plan and selected peer reviewers. We will
provide those reviewers with copies of this proposal as well as the
data used in the proposal. Peer reviewer comments that are received
during the public comment period will be considered as we make our
final decision on this proposal, and substantive peer reviewer comments
will be specifically discussed in the final rule.
We will consider all comments and information received during the
comment period on this proposed rule during preparation of a final
rulemaking. Accordingly, the final decision may differ from this
proposal.
Public Hearings
The Act provides for public hearings on this proposed rule. We have
scheduled a public hearing on this proposed rule on the date and at the
address as specified above in the DATES and ADDRESSES sections. Public
hearings are designed to gather relevant information that the public
may have that we should consider in our rulemaking. Before the hearing,
we will hold an informational meeting to present information about the
proposed action. During the hearing, we invite the public to submit
information and comments. Interested persons may also submit
information and comments in writing during the open public comment
period. Anyone wishing to make an oral statement for the record is
encouraged to provide a written copy of their statement and present it
to us at the hearing. In the event there is a large attendance, the
time allotted for oral statements may be limited. Oral and
[[Page 42466]]
written statements receive equal consideration. There are no limits on
the length of written comments submitted to us. Additional details on
the hearing, including a map, will be provided on our Web site at
(http://www.fws.gov/midwest/endangered) and are available from the
person in the FOR FURTHER INFORMATION CONTACT section.
Persons needing reasonable accommodations in order to attend and
participate in the public hearing should contact the Chicago, Illinois
Ecological Services Field Office at 847-381-2253 as soon as possible.
In order to allow sufficient time to process requests, please call no
later than one week before the hearing date.
Clarity of the Rule
Executive Order 12866 requires each agency to write regulations and
notices that are easy to understand. We invite your comments on how to
make this proposed rule easier to understand, including answers to
questions such as the following: (1) Are the requirements in the
proposed rule clearly stated? (2) Does the proposed rule contain
technical jargon that interferes with the clarity? (3) Does the format
of the proposed rule (grouping and order of the sections, use of
headings, paragraphing, and so forth) aid or reduce its clarity? (4) Is
the description of the notice in the SUPPLEMENTARY INFORMATION section
of the preamble helpful in understanding the proposed rule? (5) What
else could we do to make this proposed rule easier to understand?
Send a copy of any comments on how we could make this proposed rule
easier to understand to: Office of Regulatory Affairs, Department of
the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. You
may e-mail your comments to this address: [email protected].
Required Determinations
Regulatory Planning and Review
In accordance with Executive Order 12866, this document is a
significant rule in that it may raise novel legal and policy issues,
but it is not anticipated to have an annual effect on the economy of
$100 million or more or affect the economy in a material way. Due to
the tight timeline for publication in the Federal Register, the Office
of Management and Budget (OMB) has not formally reviewed this rule. We
are preparing a draft economic analysis of this proposed action, which
will be available for public comment, to determine the economic
consequences of designating the specific area as critical habitat. This
economic analysis also will be used to determine compliance with
Executive Order 12866, Regulatory Flexibility Act, Small Business
Regulatory Enforcement Fairness Act, and Executive Order 12630.
Further, Executive Order 12866 directs Federal Agencies
promulgating regulations to evaluate regulatory alternatives (Office of
Management and Budget, Circular A-4, September 17, 2003). Pursuant to
Circular A-4, once it has been determined that the Federal regulatory
action is appropriate, the agency will need to consider alternative
regulatory approaches. Since the determination of critical habitat is a
statutory requirement pursuant to the Act, we must then evaluate
alternative regulatory approaches, where feasible, when promulgating a
designation of critical habitat.
In developing our designations of critical habitat, we consider
economic impacts, impacts to national security, and other relevant
impacts pursuant to section 4(b)(2) of the Act. Based on the discretion
allowable under this provision, we may exclude any particular area from
the designation of critical habitat providing that the benefits of such
exclusion outweigh the benefits of specifying the area as critical
habitat and that such exclusion would not result in the extinction of
the species. As such, we believe that the evaluation of the inclusion
or exclusion of particular areas, or combination thereof, in a
designation constitutes our regulatory alternative analysis.
Within these areas, the types of Federal actions or authorized
activities that we have identified as potential concerns are listed
above in the section on Section 7 Consultation. The availability of the
draft economic analysis will be announced in the Federal Register and
in local newspapers so that it is available for public review and
comments. Once available, the draft economic analysis can be obtained
from our Web site at http://www.fws.gov/midwest/endangered or by
contacting the Chicago, Illinois Ecological Services Field Office
directly (see FOR FURTHER INFORMATION CONTACT section).
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effects of the rule on small entities (i.e., small
businesses, small organizations, and small government jurisdictions).
However, no regulatory flexibility analysis is required if the head of
the agency certifies the rule will not have a significant economic
impact on a substantial number of small entities. The SBREFA amended
the Regulatory Flexibility Act (RFA) to require Federal agencies to
provide a statement of the factual basis for certifying that the rule
will not have a significant economic impact on a substantial number of
small entities.
At this time, the Service lacks the available economic information
necessary to provide an adequate factual basis for the required RFA
finding. Therefore, the RFA finding is deferred until completion of the
draft economic analysis prepared pursuant to section 4(b)(2) of the Act
and Executive Order 12866. This draft economic analysis will provide
the required factual basis for the RFA finding. Upon completion of the
draft economic analysis, the Service will publish a notice of
availability of the draft economic analysis of the proposed designation
and reopen the public comment period for the proposed designation as
well. The Service will include with the notice of availability, as
appropriate, an initial regulatory flexibility analysis or a
certification that the rule will not have a significant economic impact
on a substantial number of small entities accompanied by the factual
basis for that determination. The Service has concluded that deferring
the RFA finding until completion of the draft economic analysis is
necessary to meet the purposes and requirements of the RFA. Deferring
the RFA finding in this manner will ensure that the Service makes a
sufficiently informed determination based on adequate economic
information and provides the necessary opportunity for public comment.
Executive Order 13211
On May 18, 2001, the President issued an Executive Order (E.O.
13211) on regulations that significantly affect energy supply,
distribution, and use. Executive Order 13211 requires agencies to
prepare Statements of Energy Effects when undertaking certain actions.
This proposed rule to designate critical habitat for the Hine's emerald
dragonfly is a significant regulatory action under Executive Order
12866 in that it may raise novel legal and policy issues.
Utility easements with electrical transmission and distribution
lines and a rail line used for transporting coal to a power plant occur
in Illinois Units 1
[[Page 42467]]
through 5 and 7. The entities who own and maintain the electrical lines
and rail lines are working on an agreement to manage and protect the
Hine's emerald dragonfly. At this time it is unknown what effect
designation of critical habitat in these locations would have on energy
supply, distribution, or use. An analysis of the economic impacts of
proposing critical habitat for the Hine's emerald dragonfly is being
prepared. While we do not expect the designation of critical habitat
for the Hine's emerald dragonfly to significantly affect energy
supplies, distribution, or use, we will further examine this as we
conduct our analysis of potential economic effects. We will announce
the availability of the draft economic analysis as soon as it is
completed and we will seek public review and comment.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act (2 U.S.C.
1501), the Service makes the following findings:
(a) This rule will not produce a Federal mandate. In general, a
Federal mandate is a provision in legislation, statute or regulation
that would impose an enforceable duty upon State, local, tribal
governments, or the private sector and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal
intergovernmental mandate'' includes a regulation that ``would impose
an enforceable duty upon State, local, or tribal governments'' with two
exceptions. It excludes ``a condition of Federal assistance.'' It also
excludes ``a duty arising from participation in a voluntary Federal
program,'' unless the regulation ``relates to a then-existing Federal
program under which $500,000,000 or more is provided annually to State,
local, and tribal governments under entitlement authority,'' if the
provision would ``increase the stringency of conditions of assistance''
or ``place caps upon, or otherwise decrease, the Federal Government's
responsibility to provide funding,'' and the State, local, or tribal
governments ``lack authority'' to adjust accordingly. At the time of
enactment, these entitlement programs were: Medicaid; AFDC work
programs; Child Nutrition; Food Stamps; Social Services Block Grants;
Vocational Rehabilitation State Grants; Foster Care, Adoption
Assistance, and Independent Living; Family Support Welfare Services;
and Child Support Enforcement. ``Federal private sector mandate''
includes a regulation that ``would impose an enforceable duty upon the
private sector, except (i) a condition of Federal assistance or (ii) a
duty arising from participation in a voluntary Federal program.''
The designation of critical habitat does not impose a legally
binding duty on non-Federal Government entities or private parties.
Under the Act, the only regulatory effect is that Federal agencies must
ensure that their actions do not destroy or adversely modify critical
habitat under section 7. While non-Federal entities that receive
Federal funding, assistance, or permits, or that otherwise require
approval or authorization from a Federal agency for an action, may be
indirectly impacted by the designation of critical habitat, the legally
binding duty to avoid destruction or adverse modification of critical
habitat rests squarely on the Federal agency. Furthermore, to the
extent that non-Federal entities are indirectly impacted because they
receive Federal assistance or participate in a voluntary Federal aid
program, the Unfunded Mandates Reform Act would not apply; nor would
critical habitat shift the costs of the large entitlement programs
listed above on to State governments.
(b) Due to current public knowledge of the species' protection, the
prohibition against take of the species both within and outside of the
designated areas, and the fact that critical habitat provides no
incremental restrictions, we do not anticipate that this rule will
significantly or uniquely affect small governments. As such, Small
Government Agency Plan is not required. We will, however, further
evaluate this issue as we conduct our economic analysis and revise this
assessment if appropriate.
Takings
In accordance with Executive Order 12630 (``Government Actions and
Interference with Constitutionally Protected Private Property
Rights''), we have analyzed the potential takings implications of
proposing critical habitat for the Hine's emerald dragonfly. Critical
habitat designation does not affect landowner actions that do not
require Federal funding or permits, nor does it preclude development of
habitat conservation programs or issuance of incidental take permits to
permit actions that do require Federal funding or permits to go
forward. In conclusion, the designation of critical habitat for the
Hine's emerald dragonfly does not pose significant takings
implications.
Federalism
In accordance with Executive Order 13132, the rule does not have
significant Federalism effects. A Federalism assessment is not
required. In keeping with DOI and Department of Commerce policy, we
requested information from, and coordinated development of, this
proposed critical habitat designation with appropriate State resource
agencies in Illinois, Michigan, Missouri and Wisconsin. The designation
of critical habitat in areas currently occupied by the Hine's emerald
dragonfly imposes no additional restrictions to those currently in
place and, therefore, has little incremental impact on State and local
governments and their activities. The designation may have some benefit
to these governments in that the areas that contain the features
essential to the conservation of the species are more clearly defined,
and the primary constituent elements of the habitat necessary to the
conservation of the species are specifically identified. While making
this definition and identification does not alter where and what
federally sponsored activities may occur, it may assist these local
governments in long-range planning (rather than waiting for case-by-
case section 7 consultations to occur).
Civil Justice Reform
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that the rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Order. We have proposed designating critical habitat in
accordance with the provisions of the Endangered Species Act. This
proposed rule uses standard property descriptions and identifies the
primary constituent elements within the designated areas to assist the
public in understanding the habitat needs of the Hine's emerald
dragonfly.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain any new collections of information that
require approval by OMB under the Paperwork Reduction Act. This rule
will not impose recordkeeping or reporting requirements on State or
local governments, individuals, businesses, or organizations. An agency
may not conduct or sponsor, and a person is not required to respond to,
a collection of information unless it displays a currently valid OMB
control number.
National Environmental Policy Act
It is our position that, outside the Tenth Circuit, we do not need
to
[[Page 42468]]
prepare environmental analyses as defined by the NEPA in connection
with designating critical habitat under the Endangered Species Act of
1973, as amended. We published a notice outlining our reasons for this
determination in the Federal Register on October 25, 1983 (48 FR
49244). This assertion was upheld in the courts of the Ninth Circuit
(Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. Ore. 1995), cert.
denied 116 S. Ct. 698 (1996).
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations With Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, and the Department
of Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. We have determined that
there are no tribal lands occupied at the time of listing that contain
the features essential for the conservation and no tribal lands that
are unoccupied areas that are essential for the conservation of the
Hine's emerald dragonfly. Therefore, designation of critical habitat
for the Hine's emerald dragonfly has not been proposed on Tribal lands.
Revision of ``Historic Range'' in the Entry for ``Dragonfly, Hine's
Emerald'' in Sec. 17.11(h), the List of Endangered and Threatened
Wildlife
The proposed regulation includes revision of the ``Historic Range''
of Hine's emerald dragonfly in Sec. 17.11(h), the List of Endangered
and Threatened Wildlife. In the current table, the historic range for
this taxon is listed as Illinois, Indiana, Ohio, and Wisconsin. A more
accurate historic range for Hine's emerald dragonfly includes Alabama,
Michigan, and Missouri in addition to the aforementioned States. Thus,
the ``Historic Range'' entry in the table is proposed to be revised to
read U.S.A. (AL, IL, IN, MI, MO, OH, and WI).
References Cited
A complete list of all references cited in this rulemaking is
available upon request from the Field Supervisor, Chicago, Illinois
Ecological Services Field Office (see ADDRESSES section).
Author(s)
The primary author of this package is the Chicago, Illinois
Ecological Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, 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. In Sec. 17.11(h), the List of Endangered and Threatened
Wildlife, revise the entry for ``Dragonfly, Hine's emerald'' under
``INSECTS'' to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
------------------------------------------------------ population where Critical
Historic range endangered or Status When listed habitat Special rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
INSECTS
* * * * * * *
Dragonfly, Hine's emerald....... Somatochlora U.S.A. (AL, IL, NA................ E............ 573 17.95(i) NA.
hineana. IN, MI, MO, OH,
and WI).
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. In Sec. 17.95(i), add an entry for ``Hine's emerald dragonfly
(Somatochlora hineana),'' in the same alphabetical order in which this
species appears in the table at 50 CFR 17.11(h), to read as follows:
Sec. 17.95 Critical habitat--fish and wildlife.
* * * * *
(i) Insects.
* * * * *
Hine's emerald dragonfly (Somatochlora hineana)
(1) Critical habitat units are depicted for Cook, DuPage and Will
Counties, Illinois; Alpena, Mackinac, and Presque Isle Counties,
Michigan; Dent, Iron, Morgan, Phelps, Reynolds, Ripley, Shannon,
Washington, and Wayne Counties, Missouri; and Door and Ozaukee
Counties, Wisconsin, on the maps below.
(2) The primary constituent elements of critical habitat for the
Hine's emerald dragonfly are:
(i) For egg deposition and larval growth and development:
(A) Shallow, organic soils (histosols, or with organic surface
horizon) overlying calcareous substrate (predominantly dolomite and
limestone bedrock);
(B) Calcareous water from intermittent seeps and springs and
associated shallow, small, slow flowing streamlet channels, rivulets,
and/or sheet flow within fens;
(C) Emergent herbaceous and woody vegetation for emergence
facilitation and refugia;
(D) Occupied, maintained crayfish burrows for refugia; and
(E) Prey base of aquatic macroinvertebrates, including mayflies,
aquatic isopods, caddisflies, midge larvae, and aquatic worms.
(ii) For adult foraging, reproduction, dispersal, and refugia
necessary for roosting, resting and predator avoidance (especially
during the vulnerable teneral stage):
(A) Natural plant communities near the breeding/larval habitat
which may
[[Page 42469]]
include marsh, sedge meadow, dolomite prairie, and the fringe (up to
328 ft (100m)) of bordering shrubby and forested areas with open
corridors for movement and dispersal; and
(B) Prey base of small, flying insect species (e.g., dipterans).
(3) Critical habitat does not include human-made structures
existing on the effective date of this rule and not containing one or
more of the primary constituent elements, such as buildings, lawns, old
fields and pastures, piers and docks, aqueducts, airports, and roads,
and the land on which such structures are located. In addition,
critical habitat does not include open-water areas (i.e., areas beyond
the zone of emergent vegetation) of lakes and ponds.
(4) Critical habitat map units. Data layers defining map units were
created on a base of USGS 7.5' quadrangles, and critical habitat units
were then mapped using Geographical Information Systems, Universal
Transverse Mercator (UTM) coordinates. Critical habitat units are
described using the public land survey system (township (T), range (R)
and section (Sec.)).
(5) Note: Index map of critical habitat units (Index map) follows:
BILLING CODE 4310-55-P
[[Page 42470]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.000
[[Page 42471]]
(6) Illinois Units 1 through 7, Cook, DuPage, and Will Counties,
Illinois.
(i) Illinois Unit 1: Will County. Located in T36N, R10E, Sec. 22,
Sec. 27, SE\1/4\ NE\1/4\ Sec. 28, NE\1/4\ SE\1/4\ Sec. 28, NW\1/4\
NW\1/4\ Sec. 34 of the Joliet 7.5' USGS topographic quadrangle. Land
south of Illinois State Route 7, east of Illinois State Route 53, and
west of the Des Plaines River.
(ii) Illinois Unit 2: Will County. Located in T36N, R10E, Sec. 3,
NW\1/4\ E\1/2\ Sec. 10, E\1/2\ Sec. 15 of the Romeoville and Joliet
7.5' USGS topographic quadrangles. Land east of Illinois State Route
53, and west of the Des Plaines River.
(iii) Illinois Unit 3: Will County. Located in T37N, R10E, SW\1/4\
Sec. 26, NW\1/4\ SE\1/4\ Sec. 26, E\1/2\ Sec. 34, W\1/2\ NW\1/4\ Sec.
35 of the Romeoville 7.5' USGS topographic quadrangle. Land west and
north of the Des Plaines River and north of East Romeoville Road.
(iv) Illinois Unit 4: Will and Cook Counties. Located in T37N,
R10E, S\1/2\ NE\1/4\ Sec. 24, W\1/2\ SW\1/4\ Sec. 24, SE\1/4\ Sec. 24
and T37N, R11E, SW\1/4\ SW\1/4\ Sec. 17, Sec. 19, NW\1/4\ Sec. 20 of
the Romeoville 7.5' USGS topographic quadrangle. Land to the south of
Bluff Road, west of Lemont Road, and north of the Des Plaines River.
(v) Illinois Unit 5: DuPage County. Located in T37N, R11E, NW\1/4\
Sec. 15, NW\1/4\ SW\1/4\ Sec. 15, S\1/2\ NE\1/4\ Sec. 16, SW\1/4\ Sec.
16, N\1/2\ SE\1/4\ Sec. 16, SE\1/4\ Sec. 17 of the Sag Bridge 7.5' USGS
topographic quadrangle. Land to the north of the Des Plaines River.
(vi) Illinois Unit 6: Cook County. Located in T37N, R12E, S\1/2\
Sec. 16, S\1/2\ NE\1/4\ Sec. 17, N\1/2\ SE\1/4\ Sec. 17, N\1/2\ Sec. 21
of the Sag Bridge and Palos Park 7.5' USGS topographic quadrangles.
Land to the north of the Calumet Sag Channel, south of 107th Street,
and east of U.S. Route 45.
(vii) Illinois Unit 7: Will County. Located in T36N, R10E, W\1/2\
Sec. 1, Sec. 2, N\1/2\ Sec. 11 of the Romeoville and Joliet 7.5' USGS
topographic quadrangles. Land east of the Illinois and Michigan Canal.
(viii) Note: Map of Illinois proposed critical habitat Units 1
through 7 (Illinois Map 1) follows:
[[Page 42472]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.001
[[Page 42473]]
(7) Michigan Units 1 and 2, Mackinac County, Michigan.
(i) Michigan Unit 1: Mackinac County. The unit is located
approximately 2 miles north of the village of St. Ignace. The unit
contains all of T41N, R4W, Secs. 3, 6, 8, 9, 10, 11, 14, 15, 16, 23;
portions of T41N, R4W, Secs. 4, 7, 17, 18, 22, 24, 25, 26, 27; and
T41N, R5W, Secs. 1 and 12 of the Moran and Evergreen Shores 7.5' USGS
topographic quadrangles. The unit is west of I-75, east of Brevort
Lake, and north of Castle Rock Road.
(ii) Michigan Unit 2: Mackinac County. The unit is located
approximately 2 miles north of the village of St. Ignace. The unit
contains all of T41N, R3W, Sec. 6; portions of T41N, R4W, Secs. 1, 12,
13, 24; portions of T41N, R3W, Secs. 4, 5, 7; and portions of T42N,
R3W, Sec. 31 of the Evergreen Shores 7.5' USGS topographic quadrangle.
The unit is west of Lake Huron and east of I-75.
(iii) Note: Map of Michigan proposed critical habitat Units 1 and 2
(Michigan Map 1) follows:
[[Page 42474]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.002
[[Page 42475]]
(8) Michigan Unit 3, Mackinac County, Michigan.
(i) Michigan Unit 3: Mackinac County. Located on the east end of
Bois Blanc Island. Bois Blanc Island has not adopted an addressing
system using the public land survey system. The unit is located in
Government Lots 25 and 26 of the Cheboygan and McRae Bay 7.5' USGS
topographic quadrangles. The unit extends from approximately Walker's
Point south to Rosie Point on the west side of Bob-Lo Drive. It extends
from the road approximately 328 ft (100 m) to the west.
(ii) Note: Map of Michigan proposed critical habitat Unit 3
(Michigan Map 2) follows:
[[Page 42476]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.003
[[Page 42477]]
(9) Michigan Unit 4, Presque Isle County, Michigan.
(i) Michigan Unit 4: Presque Isle County. Located approximately 12
miles southeast of the village of Rogers City. The unit contains all of
T34N, R7E, SW\1/4\ SW\1/4\ Sec. 14, SW\1/4\ NW\1/4\ Sec. 15, NE\1/4\
SW\1/4\ Sec. 15, NW\1/4\ SE\1/4\ Sec. 15, NW\1/4\ SW\1/4\ Sec. 15,
SE\1/4\ SE\1/4\ Sec. 15, NW\1/4\ NE\1/4\ Sec. 16, NE\1/4\ NW\1/4\ Sec.
16, SE\1/4\ NE\1/4\ Sec. 16, and NW\1/4\ NW\1/4\ Sec. 23. It also
contains portions of T34N, R7E, all \1/4\ sections in Secs. 15, all \1/
4\ sections in Sec. 16, SE\1/4\ and SW\1/4\ Sec. 9, SW\1/4\ Sec. 10,
SW\1/4\ Sec. 14, NE\1/4\ Sec. 22, NW\1/4\ and NE\1/4\ Sec. 23 of the
Thompsons Harbor 7.5' USGS topographic quadrangle. The northern
boundary of the unit is Lake Huron and the southern boundary is north
of M-23.
(ii) Note: Map of Michigan proposed critical habitat Unit 4
(Michigan Map 3) follows:
[[Page 42478]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.004
[[Page 42479]]
(10) Michigan Unit 5, Alpena County, Michigan.
(i) Michigan Unit 5: Alpena County. Located approximately 9 miles
northeast of the village of Alpena. The unit contains all of T31N, R9E,
SE\1/4\ SW\1/4\ Sec 9. It also contains portions of T31N, R9E, NW\1/4\
SW\1/4\ Sec. 9, NE\1/4\ SW\1/4\ Sec. 9, SW\1/4\ SW\1/4\ Sec. 9, SW\1/4\
SE\1/4\ Sec 9; and portions of T31N, R9E, NE\1/4\ NW\1/4\ Sec. 16,
NW\1/4\ NE\1/4\ Sec. 16, NW\1/4\ NW\1/4\ Sec. 16 of the 7.5' USGS
topographic quadrangle North Point 7.5' USGS topographic quadrangle.
North Point Road is east of the area.
(ii) Note: Map of Michigan proposed critical habitat Unit 5
(Michigan Map 4) follows:
[[Page 42480]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.005
[[Page 42481]]
(11) Michigan Unit 6, Alpena County, Michigan.
(i) Michigan Unit 6: Alpena County. Located approximately 5 miles
east of the village of Alpena. The unit contains all of T31N, R9E,
SW\1/4\ SE\1/4\ Sec. 27. It also contains portions of T31N, R9E, NW\1/
4\ SE\1/4\ Sec. 27, NE\1/4\ SW\1/4\ Sec. 27, SE\1/4\ SW\1/4\ Sec. 27,
SE\1/4\ SE\1/4\ Sec. 27; portions of T31N, R9E, NE\1/4\ NW\1/4\ Sec.
34, NW\1/4\ NE\1/4\ Sec. 34, NE\1/4\ NE\1/4\ Sec. 34; and portions of
T31N, R9E, NW\1/4\ NW\1/4\ Sec. 35, NE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\
Sec. 35 of the North Point 7.5' USGS topographic quadrangle. Lake Huron
is the east boundary of the unit.
(ii) Note: Map of Michigan proposed critical habitat Unit 6
(Michigan Map 5) follows:
[[Page 42482]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.006
[[Page 42483]]
(12) Missouri Unit 1, Crawford County, Missouri.
(i) Missouri Unit 1: Crawford County. Located in T35N, R3W, Secs.
22 and 23 of the Viburnum West 7.5' USGS topographic quadrangle.
Missouri Unit 1 is associated with James Creek and is located
approximately 1.5 miles west of Billard, Missouri.
(ii) Note: Map of Missouri proposed critical habitat Unit 1
(Missouri Map 1) follows:
[[Page 42484]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.007
[[Page 42485]]
(13) Missouri Units 2 through 4, Dent County, Missouri.
(i) Missouri Unit 2: Dent County. Located in T34N, R3W, Secs. 3 and
4 of the Howes Mill Spring 7.5' USGS topographic quadrangle. Missouri
Unit 2 is associated with an unnamed tributary to West Fork Huzzah
Creek and is located approximately 2.5 air miles north of the village
of Howes Mill, Missouri adjacent to county road 438.
(ii) Missouri Unit 3: Dent County. Located in T34N, R3W, Sec. 11 of
the Viburnum West 7.5' USGS topographic quadrangle. Missouri Unit 3 is
associated with a tributary of Huzzah Creek and is approximately 2 air
miles north northeast of the village of Howes Mill.
(iii) Missouri Unit 4: Dent County. Located in T34N, R4W, Secs. 15
and 22 of the Howes Mill Spring 7.5' USGS topographic quadrangle.
Missouri Unit 4 is associated with a tributary of Hutchins Creek in
Fortune Hollow and is located approximately 1 mile east of the juncture
of Highway 72 and Route MM.
(iv) Note: Map of Missouri proposed critical habitat Units 2
through 4 (Missouri Map 2) follows:
[[Page 42486]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.008
[[Page 42487]]
(14) Missouri Unit 5, Iron County, Missouri.
(i) Missouri Unit 5: Iron County. Located in T34N, R1W, Sec. 17of
the Viburnum East 7.5' USGS topographic quadrangle. Missouri Unit 5 is
located adjacent to Neals Creek and Neals Creek Road, approximately 2.5
miles southeast of Bixby.
(ii) Note: Map of Missouri proposed critical habitat Unit 5
(Missouri Map 3) follows:
[[Page 42488]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.009
[[Page 42489]]
(15) Missouri Unit 6, Morgan County, Missouri.
(i) Missouri Unit 6: Morgan County. Located in T41N, R16W, Sec. 6
of the Rocky Mount 7.5' USGS topographic quadrangle. Missouri Unit 6 is
located near the small town of Barnett south of Route N.
(ii) Note: Map of Missouri proposed critical habitat Unit 6
(Missouri Map 4) follows:
[[Page 42490]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.010
[[Page 42491]]
(16) Missouri Unit 7, Phelps County, Missouri.
(i) Missouri Unit 7: Phelps County, Missouri. Located in T36N, R9W,
Sec. 9 of the Kaintuck Hollow 7.5' USGS topographic quadrangle.
Missouri Unit 7 is associated with Kaintuck Hollow and a tributary of
Mill Creek, and is located approximately 4 miles south southwest of the
town of Newburg.
(ii) Note: Map of Missouri proposed critical habitat Unit 7
(Missouri Map 5) follows:
[[Page 42492]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.011
[[Page 42493]]
(17) Missouri Units 8 through 11 and 13 through 15, Reynolds
County, Missouri.
(i) Missouri Units 8, 9, and 10: Reynolds County. Located in T32N,
R2W, Secs. 22 and 23 on the Bunker 7.5' USGS topographic quadrangle.
Missouri Units 8, 9, and 10 are located adjacent to Bee Fork Creek,
extending from approximately 3.0 miles east southeast of Bunker and
extending east to near the bridge on Route TT over Bee Fork Creek.
(ii) Missouri Unit 11: Reynolds County. Located in T32N, R1W, Sec.
30 of the Corridon 7.5' USGS topographic quadrangle. Missouri Unit 11
is located approximately 1 mile east of the intersection of Route TT
and Highway 72, extending north to the Bee Fork Church on County Road
854.
(iii) Missouri Unit 13: Reynolds County. Located in T32N, R1E, Sec.
20 of the Centerville 7.5' USGS topographic quadrangle. Missouri Unit
13 is north of the town of Centerville adjacent to Highway 21.
(iv) Missouri Unit 14: Reynolds County. Located in T32N, R1E, Sec.
15 of the Centerville 7.5' USGS topographic quadrangle. Missouri Unit
14 is located approximately 2 miles north of Centerville adjacent to
Highway 21.
(v) Missouri Unit 15: Reynolds County. Located in T32N, R1W, Secs.
28 and 33 of the Corridon 7.5' USGS topographic quadrangle. Missouri
Unit 15 is adjacent to South Branch fork of Bee Fork Creek, and located
approximately 2 miles northeast of the intersection of Route B and
Highway 72.
(vi) Note: Map of Missouri proposed critical habitat Units 8
through 11 and 13 through 15 (Missouri Map 6) follows:
[[Page 42494]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.012
[[Page 42495]]
(18) Missouri Units 12 and 16, Reynolds County, Missouri.
(i) Missouri Unit 12: Reynolds County. Located in T29N, R1E, Sec.
36 of the Ellington 7.5' USGS topographic quadrangle. Missouri Unit 12
is near the town of Ruble and is closely associated with the North Fork
of Web Creek.
(ii) Missouri Unit 16: Reynolds County. Located in T29N, R1E, Sec.
1 of the Ellington 7.5' USGS topographic quadrangle. Missouri Unit 16
is located southeast of the town of Ruble on a tributary to the North
Fork of Web Creek.
(iii) Note: Map of Missouri proposed critical habitat Units 12 and
16 (Missouri Map 7) follows:
[[Page 42496]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.013
[[Page 42497]]
(19) Missouri Units 17 through 20, Ripley County, Missouri.
(i) Missouri Units 17 and 18: Ripley County. Located in T24N, R2E,
Sec. 12 and T24N, R3E, Sec. 7 of the Doniphan North and Grandin 7.5'
USGS topographic quadrangles. Missouri Units 17 and 18 comprise the
Overcup Fen complex and are associated with the Little Black River.
(ii) Missouri Units 19 and 20: Ripley County. Located in T25N, R3E,
Sec. 32 of the Grandin 7.5' USGS topographic quadrangle. Missouri Units
19 and 20 comprise the Mud Branch complex and are located approximately
1.5 miles east of the village of Shiloh. The complex is associated with
Mud Branch, a tributary of the Little Black River.
(iii) Note: Map of Missouri proposed critical habitat Units 17
through 20 (Missouri Map 8) follows:
[[Page 42498]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.014
[[Page 42499]]
(20) Missouri Unit 21, Ripley County, Missouri.
(i) Missouri Unit 21: Ripley County. Located in T23N, R1W, Sec. 23
of the Bardley 7.5' USGS topographic quadrangle. Missouri Unit 21 is
associated with an unnamed tributary of Fourche Creek and is located
approximately 12 miles west of Doniphan.
(ii) Note: Map of Missouri proposed critical habitat Unit 21
(Missouri Map 9) follows:
[[Page 42500]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.015
[[Page 42501]]
(21) Missouri Unit 22, Shannon County, Missouri.
(i) Missouri Unit 22: Shannon County. Located in T28N, R4W, Sec. 20
and 29 of the Bartlett 7.5' USGS topographic quadrangle. Missouri Unit
22 is associated with Mahans Creek and is located approximately two
miles south of Delaware.
(ii) Note: Map of Missouri proposed critical habitat Unit 22
(Missouri Map 10) follows:
[[Page 42502]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.016
[[Page 42503]]
(22) Missouri Units 23 through 25, Washington County, Missouri.
(i) Missouri Units 23 and 24: Washington County. Located in T36N,
R1W, Sec. 13 of the Palmer 7.5' USGS topographic quadrangle. Missouri
Units 23 and 24 comprise the Towns Branch and Welker Fen complex and
are located near the town of Palmer.
(ii) Missouri Unit 25: Washington County. Located in T36N, R1W,
Secs. 2 and 11 of the Courtois 7.5' USGS topographic quadrangle.
Missouri Unit 25 is associated with a tributary of Hazel Creek and is
located approximately 1.5 miles northwest of the town of Palmer.
(iii) Note: Map of Missouri proposed critical habitat Units 23
through 25 (Missouri Map 11) follows:
[[Page 42504]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.017
[[Page 42505]]
(23) Missouri Unit 26, Wayne County, Missouri
(i) Missouri Unit 26: Wayne County. Located in T27N, R4E, Sec. 33
of the Ellsinore 7.5' USGS topographic quadrangle. Missouri Unit 26 is
located near Williamsville and is associated with Brushy Creek.
(ii) Note: Map of Missouri proposed critical habitat Unit 26
(Missouri Map 12) follows:
[[Page 42506]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.018
[[Page 42507]]
(24) Wisconsin Unit 1, Door County, Wisconsin.
(i) Wisconsin Unit 1: Washington Island, Door County. Located in
T33N, R30E, W\1/2\ and NE\1/4\ Sec. 4, SE\1/4\ Sec. 5 of Washington
Island SE and Washington Island NE 7.5' USGS topographic quadrangles.
Lands included are located adjacent to and west of Wickman Road, south
of Town Line Road, East of Deer Lane and East Side Roads, north of Lake
View Road and include Big Marsh and Little Marsh.
(ii) Note: Map of Wisconsin proposed critical habitat Unit 1
(Wisconsin Map 1) follows:
[[Page 42508]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.019
[[Page 42509]]
(25) Wisconsin Unit 2, Door County, Wisconsin.
(i) Wisconsin Unit 2: Door County. Located in T32N, R28E, SE\1/4\
Sec. 11, NW\1/4\ Sec. 13, NE\1/4\ Sec. 14 of the Ellison Bay 7.5' USGS
topographic quadrangle, and in T32N, R28E, W\1/2\ Sec. 13, E\1/2\ Sec.
14, NE\1/4\ Sec. 23, portions of each \1/4\ of Sec. 24, N\1/2\ Sec. 25,
and T32N, R29E, S\1/2\ Sec. 19, W\1/2\ Sec. 29, NE\1/4\ Sec. 30 of
Sister Bay 7.5' USGS topographic quadrangle. Lands included are located
east of the Village of Ellison Bay, south of Garrett Bay Road and Mink
River Roads, North of County Road ZZ, west of Badger Road, County Road
NP and Juice Mill Road, and includes the Mink River.
(ii) Note: Map of Wisconsin proposed critical habitat Unit 2
(Wisconsin Map 2) follows:
[[Page 42510]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.020
[[Page 42511]]
(26) Wisconsin Units 3 through 7, Door County, Wisconsin.
(i) Wisconsin Unit 3: Door County. Located in T31N R28E, S\1/2\
S10, NE\1/4\ S15 of Sister Bay 7.5' USGS topographic quadrangle. Lands
included are located south of County Road ZZ, north of North Bay (Lake
Michigan), west of North Bay Road, east of Old Stage Road and about two
miles east of the Village of Sister Bay and include a portion of Three-
Springs Creek.
(ii) Wisconsin Unit 4: Door County. Located in T31N, R28E, SW\1/4\
and S\1/2\ Sec. 15, portions of each \1/4\ of Sec. 22, and N\1/2\ of
Sec. 23 of the Sister Bay 7.5' USGS topographic quadrangle. Lands are
located along the north and northwest sides of North Bay (Lake
Michigan).
(iii) Wisconsin Unit 5: Door County. Located in T31N, R28E, S\1/2\
Sec. 20, E\1/2\ Sec. 29, NW\1/4\ and S\1/2\ Sec. 28, N\1/2\ and SE\1/4\
Sec. 33, and W\1/2\ Sec. 34. It also is located in T30N, R28E, W\1/2\
Sec. 3, E\1/2\ and SW\1/4\ Sec. 4, SE\1/4\ Sec. 8, Sec. 9, N\1/2\ Sec.
10, W\1/2\ and SE\1/4\ Sec.15, Sec. 16, and Sec. 17 of the Baileys
Harbor East, and Sister Bay 7.5' USGS topographic quadrangles. Lands
located south of German Road, east of State Highway 57, west of North
Bay Drive, Sunset Drive and Moonlight Bay (Lake Michigan), north of
Ridges Road and Point Drive and include Mud Lake and Reiboldt Creek.
(iv) Wisconsin Unit 6: Door County. Located in T30N, R28E, portions
of each \1/4\ of Sec. 5 of the Baileys Harbor East 7.5' USGS
topographic quadrangle and Baileys Harbor West 7.5' USGS topographic
quadrangle. Lands are located about 2\1/4\ miles north of the Town of
Baileys Harbor, east of State Highway 57, south of Meadow Road and are
associated with an unnamed stream.
(v) Wisconsin Unit 7: Door County. Located in T30N, R27E, Sec. 11,
SW\1/4\ Sec. 13, and N\1/2\ and SE\1/4\ Sec. 14 of the Baileys Harbor
West 7.5' USGS topographic quadrangle. Lands are located north of
County Road EE, east of County Road A and west of South Highland and
High Plateau Roads, about two miles northeast of Town of Baileys Harbor
and are associated with the headwaters of Piel Creek.
(vi) Note: Map of Wisconsin proposed critical habitat Units 3
through 7 (Wisconsin Map 3) follows:
[[Page 42512]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.021
[[Page 42513]]
(27) Wisconsin Unit 8, Door County, Wisconsin.
(i) Wisconsin Unit 8: Door County. Located in T28N, R27E, S\1/2\
Sec. 16, N\1/2\ Sec. 21 of the Jacksonport 7.5' USGS topographic
quadrangle. Lands are located east of Bechtel Road, South of Whitefish
Bay Road, west of Glidden Drive and include Arbter Lake.
(ii) Note: Map of Wisconsin proposed critical habitat Unit 8
(Wisconsin Map 4) follows:
[[Page 42514]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.022
[[Page 42515]]
(28) Wisconsin Unit 9, Door County, Wisconsin.
(i) Wisconsin Unit 9: Door County, Wisconsin. Located in T27N,
R24E, SE\1/4\ Sec. 16, E\1/2\ Sec. 20, portions of each \1/4\ of Secs.
21, 28 and 33, NW\1/4\ and S\1/2\ Sec. 34. Also located in T26N, R24E,
NW\1/4\ Sec. 3 of the Little Sturgeon 7.5' USGS topographic quadrangle.
Lands are located west of Pickeral Road and Cedar Lane, north of State
Highway 57, east of Hilly Ridge Road and County Road C, south of Fox
Lane Road, about 1.5 miles southwest of Little Sturgeon Bay (Lake
Michigan) and include portions of Keyes Creek and associated wetlands.
(ii) Note: Map of Wisconsin proposed critical habitat Unit 9
(Wisconsin Map 5) follows:
[[Page 42516]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.023
[[Page 42517]]
(29) Wisconsin Unit 10, Ozaukee County, Wisconsin.
(i) Wisconsin Unit 10: Ozaukee County. Located in T11N, R21E, E\1/
2\ of Sec. 20, portions of each \1/4\ of Sec. 21, W\1/2\ Sec. 28, Sec.
29, E\1/2\ Sec. 30, E\1/2\ and portions of NW\1/4\ and SW\1/4\ Sec. 31,
Sec. 32, and W\1/2\ Sec. 33 of the Cedarburg, Five Corners, Newburg,
and Port Washington West 7.5' USGS topographic quadrangles. Lands are
located south of State Highway 33, east of County Road Y and Birchwood
Road, north of Cedar Sauk Road about 2 miles west of Saukville, and
includes the majority of Cedarburg Bog.
(ii) Note: Map of Wisconsin proposed critical habitat Unit 10
(Wisconsin Map 6) follows:
[[Page 42518]]
[GRAPHIC] [TIFF OMITTED] TP26JY06.024
[[Page 42519]]
* * * * *
Dated: July 7, 2006.
Matt Hogan,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 06-6244 Filed 7-25-06; 8:45 am]
BILLING CODE 4310-55-C