[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Proposed Rules]
[Pages 47123-47133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19743]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2011-0041; MO-92210-0-0008]


Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
a Petition To List Six Sand Dune Beetles as Endangered or Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of petition finding and initiation of status reviews.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
90-day finding on a petition to list six sand dune beetles as 
endangered or threatened and to designate critical habitat under the 
Endangered Species Act of 1973, as amended (Act). Based on our review, 
we find that the petition does not present substantial scientific or 
commercial information indicating that listing two of the six species 
[Hardy's aegialian scarab (Aegialia hardyi) and Sand Mountain serican 
scarab (Serica psammobunus)] may be warranted. However, we find that 
the petition presents substantial scientific or commercial information 
indicating that listing may be warranted for four of the six species 
[Crescent Dunes aegialian scarab (A. crescenta), Crescent Dunes serican 
scarab (S. ammomenisco), large aegialian scarab (A. magnifica), and 
Giuliani's dune scarab (Pseudocotalpa giuliani)]. Therefore, with the 
publication of this notice, we are initiating a review of the status of 
these species to determine if listing these four species is warranted. 
To ensure that the status reviews are comprehensive, we are requesting 
scientific and commercial data and other information regarding these 
four species. Based on the status reviews, we will issue 12-month 
findings on these four species, which will address whether the 
petitioned actions are warranted, as provided in the Act.

DATES: To allow us adequate time to conduct the status reviews, we 
request that we receive information on or before October 3, 2011. 
Please note that if you are using the Federal eRulemaking Portal (see 
ADDRESSES section, below), the deadline for submitting an electronic 
comment is 11:59 p.m. Eastern Time on this date.

ADDRESSES: You may submit information by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. In 
the box that reads ``Enter Keyword or ID,'' enter the Docket number for 
this finding, which is [FWS-R8-ES-2011-0041]. Check the box that reads 
``Open for Comment/Submission,'' and then click the Search button. You 
should then see an icon that reads ``Submit a Comment.'' Please ensure 
that you have found the correct rulemaking before submitting your 
comment.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: [FWS-R8-ES-2011-0041]; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 
2042-PDM; Arlington, VA 22203.

We will post all information we receive on http://www.regulations.gov. 
This generally means that we will post any personal information you 
provide us (see the Request for Information section below for more 
details).
    After October 3, 2011, you must submit information directly to the 
Field Office (see FOR FURTHER INFORMATION

[[Page 47124]]

CONTACT section below). Please note that we might not be able to 
address or incorporate information that we receive after the above 
requested date.

FOR FURTHER INFORMATION CONTACT: Jill Ralston, Acting State Supervisor, 
by U.S. mail at Nevada Fish and Wildlife Office, U.S. Fish and Wildlife 
Service, 1340 Financial Blvd, Suite 234, Reno, NV 89502, by telephone 
at 775-861-6300, or by facsimile at 775-861-6301. If you use a 
telecommunications device for the deaf (TDD), please call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Request for Information

    When we make a finding that a petition presents substantial 
information indicating that listing a species may be warranted, we are 
required to promptly review the status of the species (status review). 
For the status reviews to be complete and based on the best available 
scientific and commercial information, we request information on the 
Crescent Dunes aegialian scarab, Crescent Dunes serican scarab, large 
aegialian scarab, and Giuliani's dune scarab from governmental 
agencies, Native American Tribes, the scientific community, industry, 
and any other interested parties. For each of these species, we seek 
information on:
    (1) The species' biology, range, and population trends, including:
    (a) Habitat requirements for feeding, breeding, and sheltering;
    (b) Genetics and taxonomy;
    (c) Historical and current range, including distribution patterns;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for the species, its 
habitat, or both.
    (2) The factors that are the basis for making a listing, delisting, 
or downlisting determination for a species under section 4(a) of the 
Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et 
seq.), which are:
    (a) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (b) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (c) Disease or predation;
    (d) The inadequacy of existing regulatory mechanisms; or
    (e) Other natural or manmade factors affecting its continued 
existence.
    If, after the status reviews, we determine that listing any of the 
four sand dune beetle species is warranted, we will propose critical 
habitat (see definition in section 3(5)(A) of the Act), under section 4 
of the Act, to the maximum extent prudent and determinable at the time 
we propose to list the species. Therefore, within the geographical 
range currently occupied by each of the four sand dune beetle species, 
we request data and information on:
    (1) What may constitute ``physical or biological features essential 
to the conservation of the species;''
    (2) Where these features are currently found; and
    (3) Whether any of these features may require special management 
considerations or protection.
    In addition, we request data and information on ``specific areas 
outside the geographical area occupied by the species'' that are 
``essential to the conservation of the species.'' Please provide 
specific comments and information as to what, if any, critical habitat 
you think we should propose for designation if the species are proposed 
for listing, and why such habitat meets the requirements of section 4 
of the Act.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Submissions merely stating support for or opposition to the action 
under consideration without providing supporting information, although 
noted, will not be considered in making a determination. Section 
4(b)(1)(A) of the Act directs that determinations as to whether any 
species is an endangered or threatened species must be made ``solely on 
the basis of the best scientific and commercial data available.''
    You may submit your information concerning these status reviews by 
one of the methods listed in the ADDRESSES section. If you submit 
information via http://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the 
Web site. If you submit a hardcopy that includes personal identifying 
information, you may request at the top of your document that we 
withhold this personal identifying information from public review. 
However, we cannot guarantee that we will be able to do so. We will 
post all hardcopy submissions on http://www.regulations.gov.
    Information and supporting documentation that we received and used 
in preparing this finding is available for you to review at http://www.regulations.gov, or you may make an appointment during normal 
business hours at the U.S. Fish and Wildlife Service, Nevada Fish and 
Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

Background

    Section 4(b)(3)(A) of the Act requires that we make a finding on 
whether a petition to list, delist, or reclassify a species presents 
substantial scientific or commercial information indicating that the 
petitioned action may be warranted. We are to base this finding on 
information provided in the petition, supporting information submitted 
with the petition, and information otherwise available in our files. To 
the maximum extent practicable, we are to make this finding within 90 
days of our receipt of the petition and publish our notice of the 
finding promptly in the Federal Register.
    Our standard for substantial scientific or commercial information 
within the Code of Federal Regulations (CFR) with regard to a 90-day 
petition finding is ``that amount of information that would lead a 
reasonable person to believe that the measure proposed in the petition 
may be warranted'' (50 CFR 424.14(b)). If we find that substantial 
scientific or commercial information was presented, we are required to 
promptly conduct a species status review, which we subsequently 
summarize in our 12-month finding.

Petition History

    On February 2, 2010, we received a petition dated January 29, 2010, 
from WildEarth Guardians (hereinafter referred to as the petitioner), 
requesting that we list six species of sand dune beetles in Nevada as 
endangered or threatened with critical habitat under the Act. The 
petition clearly identified itself as a petition and included the 
appropriate identification information for the petitioner, as required 
in 50 CFR 424.14(a).
    In a March 12, 2010, letter to the petitioner, we acknowledged 
receipt of the petition, and responded that we reviewed the information 
presented in the petition and determined that issuing an emergency 
regulation temporarily listing the species under section 4(b)(7) of the 
Act was not necessary. We also stated that we anticipated making an 
initial finding in Fiscal Year 2010. This finding addresses the 
petition.

Previous Federal Actions

    The Crescent Dunes aegialian scarab (Aegialia crescenta), Hardy's 
aegialian scarab (A. hardyi), large aegialian scarab (A. magnifica), 
Crescent Dunes serican scarab (Serica ammomenisco), Sand Mountain 
serican scarab (S.

[[Page 47125]]

psammobunus), and Giuliani's dune scarab (Pseudocotalpa giuliani) were 
all previously designated by the Service as category 2 candidate 
species, then defined as taxa for which the Service had on hand 
information indicating that proposing to list as endangered or 
threatened was possibly appropriate, but for which persuasive data on 
biological vulnerability and threats were not available to support 
proposed rules (59 FR 58982; November 15, 1994). In the February 28, 
1996, Candidate Notice of Review (CNOR) (61 FR 7595), we adopted a 
single category of candidate species defined as follows: ``Those 
species for which the Service has on file sufficient information on 
biological vulnerability and threat(s) to support issuance of a 
proposed rule to list but issuance of the proposed rule is precluded.'' 
In previous CNORs, species matching this definition were known as 
category 1 candidates for listing. Thus, the Service no longer 
considered category 2 species as candidates and did not include them in 
the 1996 list or any subsequent CNORs. The decision to stop considering 
category 2 species as candidates was designed to reduce confusion about 
the status of these species and to clarify that we no longer regarded 
these species as candidates for listing.
    The Service proposed to list Giuliani's dune scarab as endangered 
or threatened in 1978 (43 FR 35636; August 10, 1978), citing the effect 
of off-road vehicle (ORV) use. The Service stated that ORV use compacts 
dead organic matter accumulated on dune slopes and prevents its 
buildup, thereby destroying the larval habitat of the beetle. The 
proposal to list also found that there was a lack of State or Federal 
laws protecting the species. Included in the proposed rule was a 
proposal to designate critical habitat at Big Dune, Nye County, Nevada, 
at the time the only known location for the species. The Service 
withdrew the proposal to list Giuliani's dune scarab after a temporary 
2-year period mandated by Congress for proposed rules to be finalized 
had expired (45 FR 65137; October 1, 1980).

Species Information

    The six species of sand dune beetles included in the petition and 
evaluated in this finding are endemic, terrestrial invertebrates of 
Great Basin and Mojave Desert sand dunes of Nevada (Table 1). All of 
the petitioned species are from the phylum Arthropoda, class Insecta, 
order Coleoptera, and family Scarabaeidae. Three of the species are in 
the genus Aegialia, two are in the genus Serica, and one is in the 
genus Pseudocotalpa (Table 1). There are three distinct sand dune 
beetle and dune system groupings (Sand Mountain/Blowsand Mountains; 
Crescent Dunes; and Big Dune/Lava Dune) (Table 1; WildEarth Guardians 
2010, p. 5). Both in the petition and in our files, there is little to 
no information on population sizes or population trends for any of 
these sand dune beetle species.
    The petition provided information regarding the six species' 
ranking according to NatureServe (WildEarth Guardians 2010, pp. 3-4). 
The petitioned sand dune beetles are all ranked as critically impaired 
at the global, national, or State level (WildEarth Guardians 2010, pp. 
3-4). While the petition states that the ``definition of `critically 
impaired' is at least equivalent to definitions of `endangered' or 
`threatened' under the ESA [Endangered Species Act],'' this is not an 
appropriate comparison. According to its own Web site, NatureServe's 
assessment of any species ``does not constitute a recommendation by 
NatureServe for listing'' under the Act (http://www.natureserve.org/explorer/ranking.htm). In addition, NatureServe's assessment procedures 
include ``different criteria, evidence requirements, purposes and 
taxonomic coverage than government lists of endangered and threatened 
species, and therefore these two types of lists should not be expected 
to coincide'' (http://www.natureserve.org/explorer/ranking.htm).

              Table 1--Names and Locations of Six Sand Dune Beetle Species Included in This Finding
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            Common name                  Scientific name      Sand dune system(s)           Nevada county
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Species for Which Substantial Information Indicating Listing May Be Warranted Was Not Presented in the Petition
 or in Service Files:
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Hardy's aegialian scarab...........  Aegialia hardyi.......  Sand Mountain........  Churchill.
Sand Mountain serican scarab.......  Serica psammobunus....  Blowsand Mountains...
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Species for Which Substantial Information Indicating Listing May Be Warranted Was Presented in the Petition or
 in Service Files:
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Crescent Dunes aegialian scarab....  Aegialia crescenta....  Crescent Dunes.......  Nye.
Crescent Dunes serican scarab......  Serica ammomenisco....
Large aegialian scarab.............  Aegialia magnifica....  Big Dune.............  Nye.
Giuliani's dune scarab.............  Pseudocotalpa giuliani  Lava Dune............
----------------------------------------------------------------------------------------------------------------

    Hardy's aegialian scarab and the Sand Mountain serican scarab occur 
only at Sand Mountain and the nearby Blowsand Mountains dune systems, 
Churchill County, Nevada (Gordon and Cartwright 1977, p. 47; Bechtel et 
al. 1983, p. 476; Hardy and Andrews 1987, p. 174; The Nature 
Conservancy (TNC) (2004, pp. 23, 26). These two dune systems are 
located approximately 30 miles (mi) (48.3 kilometer (km)) east-
southeast of Fallon, Churchill County, Nevada. Sand Mountain is a star 
dune (roughly star-shaped) and ranges from 3,895 to 4,650 feet (ft) 
(1,187.2 to 1,417.3 meters (m)) in elevation. It occupies approximately 
12 square miles (sq. mi) (32 sq. km) on mostly Bureau of Land 
Management (BLM) lands, though a portion of the dune may also occur on 
State and private lands (Bechtel et al. 1983, p. 477; Nevada Natural 
Heritage Program 2006, p. 43). Blowsand Mountains is a complex of star 
and linear dunes occurring partially on Fallon Naval Air Station (NAS) 
lands and BLM lands about 15.6 mi (25 km) southwest of Sand Mountain 
(Bechtel et al. 1983, p. 477; Nachlinger et al. 2001, pp. A12-1, A12-
11). Blowsand Mountains rise to an elevation of 4,593 ft (1,400 m) and 
occupy 3.6 sq. mi (9.2 sq km) (Bechtel et al. 1983, p. 477).
    During a 1981 arthropod survey, Hardy's aegialian scarab was found 
to be common in sand around the perennial shrub vegetation at the base 
of Sand Mountain, but less common in similar habitat at Blowsand 
Mountains, which the surveyor suspected was due to the limited area to 
which he had access (Rust 1981, pp. 13, 29). An undescribed species of 
Serica, subsequently named S. psammobunus (Sand Mountain serican 
scarab) (Hardy and Andrews

[[Page 47126]]

1987, p. 174), was found to be very common on both dune systems (Rust 
1981, p. 14).
    The Crescent Dunes aegialian scarab and Crescent Dunes serican 
scarab are known to occur only at Crescent Dunes northwest of Tonopah, 
Nye County, Nevada (Gordon and Cartwright 1977, p. 45; Hardy and 
Andrews 1987, p. 173). The Crescent Dunes are a small complex of 
crescent-shaped dunes (WildEarth Guardians 2010, p. 8). The highest 
dune rises to 5,000 ft (1,524 m) in elevation (WildEarth Guardians 
2010, p. 8). These dunes occur on BLM lands and are managed by the 
agency's Battle Mountain District, Tonopah Resource Area (BLM 1997, p. 
21).
    The petition provided no information, and we have no information in 
our files, on the population sizes or population trends of the Crescent 
Dunes aegialian scarab or the Crescent Dunes serican scarab.
    The large aegialian scarab and Giuliani's dune scarab occur only at 
Big Dune and Lava Dune in the Amargosa Desert, Nye County, Nevada 
(Gordon and Cartwright 1977, p. 43; Rust 1985, p. 105). These dunes are 
located about 4 mi (6.4 km) apart (WildEarth Guardians 2010, p. 15). 
Big Dune is a complex star dune that reaches 2,731 ft (832.4 m) in 
elevation and extends across approximately 1.5 sq mi (3.9 sq km). Lava 
Dune is sand that is trapped at the base of a cinder cone, has an 
elevation of 2,800 ft (853.4 m), and covers about 1.0 sq mi (2.6 sq km) 
(WildEarth Guardians 2010, p. 15). Both dunes are managed by the BLM 
(WildEarth Guardians 2010, p. 15).
    The petition provided no information on the population sizes or 
trends of the large aegialian scarab or the Giuliani's dune scarab. We 
have anecdotal information that these two beetle species occurred in 
``huge'' numbers at Big Dune as recently as 2007 (Murphy 2007, p. 1). 
We have no information in our files on the population trends of either 
species.
    There is limited life history information for the six petitioned 
sand dune beetle species available in the petition, references cited in 
the petition, and in our files. Many genera of Scarabaeidae in North 
American deserts, including species of the genera Aegialia and Serica, 
are found in sand dunes (Gordon and Cartwright 1977, p. 42; Hardy and 
Andrews 1987, p. 178). Sand dunes supply the necessary requirements of 
an easily penetrable substrate that provides ready access to higher 
levels of moisture and protection from temperature extremes; sand is 
easily penetrable by both larvae and adults, and wet sand levels are 
generally no more than 1.6 to 3.3 ft (0.5 to 1.0 m) beneath the surface 
(Hardy and Andrews 1987, p. 175). Plant roots on more stable dunes 
provide food for some Scarabaeidae, while detritus collected and buried 
in pockets by the wind provides food for detritivores (beetles and 
other animals that feed on decomposing organic matter) (Hardy and 
Andrews 1987, p. 175). Many genera of Scarabaeidae using dune areas 
seem to be unable to survive elsewhere in desert areas, including some 
species of Aegialia and Serica (Hardy and Andrews 1987, p. 175).
    The six beetles vary in their dispersal abilities. The three 
aegialian scarabs (Crescent Dunes, Hardy's, and large) are all 
flightless, a characteristic that may have facilitated population 
isolation and resulting speciation (formation of a new species) (Rust 
and Hanks 1982, p. 319; Porter and Rust 1996, p. 717; Porter and Rust 
1997, p. 306). Giuliani's dune scarab is capable of flight (Hardy 1976, 
p. 301). We have no information on the dispersal abilities of the two 
serican scarabs (Crescent Dunes and Sand Mountain) in our files, nor 
was any provided in the petition.
    Hardy's aegialian scarab is a flightless detritivore that is active 
in winter at Sand Mountain and Blowsand Mountains; both adults and 
larvae are active in months having a mean monthly temperature near or 
below 50 [deg]F (10 [deg]C) (Rust 1981, pp. 13, 27; Rust and Hanks 
1982, p. 324). The Sand Mountain serican scarab is active in early 
summer on both dune systems (Rust 1981, p. 14; Hardy and Andrews 1987, 
p. 174).
    Giuliani's dune scarab is restricted to the vegetated sandy areas 
around the base of the major dune at Big Dune (43 FR 35639; August 10, 
1978). Larrea tridentata (creosote bush) and Petalonyx thurberi 
(sandpaper plant), common shrubs found here, accumulate plant debris at 
their bases. This accumulated plant debris is an important food source 
and is the larval habitat of the beetle. Adults of Giuliani's dune 
scarab emerge in late spring and fly nightly, hovering over dune 
shrubs, and mate on the sand surface; the adults do not feed and larvae 
are found beneath dune shrubs (Rust 1985, p. 109).

Evaluation of Information for This Finding

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations at 50 CFR 424 set forth the procedures for adding a species 
to, or removing a species from, the Federal Lists of Endangered and 
Threatened Wildlife and Plants. A species may be determined to be an 
endangered or threatened species due to one or more of the five factors 
described in section 4(a)(1) of the Act:
    (a) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (b) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (c) Disease or predation;
    (d) The inadequacy of existing regulatory mechanisms; or
    (e) Other natural or manmade factors affecting its continued 
existence.
    In considering what factors might constitute threats, we must look 
beyond the mere exposure of the species to the factor to determine 
whether the species responds to the factor in a way that causes actual 
impacts to the species. If there is exposure to a factor, but no 
response, or only a positive response, that factor is not a threat. If 
there is exposure and the species responds negatively, the factor may 
be a threat and we then attempt to determine how significant a threat 
it is. If the threat is significant, it may drive or contribute to the 
risk of extinction of the species such that the species may warrant 
listing as threatened or endangered as those terms are defined by the 
Act. This does not necessarily require empirical proof of a threat. The 
combination of exposure and some corroborating evidence of how the 
species is likely impacted could suffice. The mere identification of 
factors that could impact a species negatively may not be sufficient to 
compel a finding that listing may be warranted. The information shall 
contain evidence sufficient to suggest that these factors may be 
operative threats that act on the species to the point that the species 
may meet the definition of threatened or endangered under the Act.
    In making this 90-day finding, we evaluated whether information 
regarding threats to the six sand dune beetle species, as presented in 
the petition and other information available in our files, is 
substantial, thereby indicating that the petitioned action may be 
warranted. Our evaluation of this information is presented below.

Summary of Common Threats

    The petition identified a few threats as common to many of the six 
petitioned sand dune beetles. The petition identified the following as 
threats to all six sand dune beetle species: Loss, degradation, and 
fragmentation of habitat due to ORV recreation and potential 
construction of solar facility projects; inadequate existing regulatory 
mechanisms due to the lack of Federal or State regulatory protection; 
and increased vulnerability

[[Page 47127]]

to extinction due to isolated populations and limited habitat 
(WildEarth Guardians 2010, pp. 6-8, 11, 18, 19). These are described as 
general threats in the petition, but there is little or no information 
in the petition that associates the threats with existing or probable 
impacts on the individual sand dune beetle species.
    For two species, Hardy's aegialian scarab and Sand Mountain serican 
scarab, both of which are endemic to Sand Mountain and Blowsand 
Mountains in Churchill County, we have information in our files on ORV 
use and existing regulatory mechanisms. Due to the three distinct 
geographic groupings of the six petitioned species, where appropriate, 
threats are assessed below by dune system: Sand Mountain and Blowsand 
Mountains, Crescent Dunes, and Big Dune and Lava Dune.

Factor A. The Present or Threatened Destruction, Modification, or 
Curtailment of Its Habitat or Range

Information Provided in the Petition
    In general, the petition identifies ORV use as the most serious 
threat to the six sand dune beetles (WildEarth Guardians 2010, p. 6). 
The petition notes that ORV recreation has increased substantially over 
the past few decades, that it accounted for over 400,000 visitor days 
on lands administered by the BLM in 2000 alone, and that the conditions 
of sand dune habitats in Nevada are influenced mostly by ORV use 
(Wildlife Action Plan Team (WAPT) 2006, p. 238).
    The petition states that the six beetles depend on vegetation 
around the bases of the sand dunes for adult or larval forage, mating 
sites, and protective cover (Hardy 1976, pp. 301-302; Rust 1985, pp. 
108-109; Hardy and Andrews 1986, p. 136; Hardy and Andrews 1987, pp. 
175-176, 178). The petition cites several scientific studies that have 
documented the severe negative impacts that ORVs can have on insects in 
the Order Coleoptera (Van Dam and Van Dam 2008, p. 411). Heavy use by 
ORVs can destroy dune vegetation (Luckenbach and Bury 1983, p. 280; 
WAPT 2006, pp. 238-239), eliminating and fragmenting beetle habitat and 
reactivate sand dune movement (Wiggs et al. 1995, as cited by Van Dam 
and Van Dam 2008, p. 411). In addition, ORV use may disrupt beetle 
mating activity (Luckenbach and Bury 1983, p. 277), may potentially 
kill individual beetles (Van Dam and Van Dam 2008, p. 416), and may 
facilitate the spread of invasive plant species (WAPT 2006, p. 238). 
Sand dune systems are dynamic, and the establishment of invasive plant 
species can stabilize dunes, preventing sand movement and altering 
habitat functions. Invasive plant species may also displace preferred 
vegetation used by beetles. Research also suggests that areas 
unprotected from ORV use contain much smaller populations of 
Coleopterans than in protected areas (Van Dam and Van Dam 2008, p. 
415).
    The petition also noted that a solar energy facility has been 
proposed on BLM lands near Crescent Dunes (WildEarth Guardians 2010, p. 
11). The BLM is also currently reviewing a proposal to develop solar 
energy on public land near the Big Dune Area of Critical Environmental 
Concern (ACEC) (WildEarth Guardians 2010, p. 18). The petition claims 
that, if the two solar facilities are approved, the increased activity 
from their construction and maintenance may disturb beetles and their 
habitat (WildEarth Guardians 2010, p. 18). As noted above, these 
threats are discussed below by dune system.
Evaluation of Information Provided in the Petition and in Our Files
Sand Mountain and Blowsand Mountains
    Hardy's aegialian scarab and the Sand Mountain serican scarab occur 
only at Sand Mountain and the nearby Blowsand Mountains, Churchill 
County. The petition provided information on possible threats to these 
species from ORV recreation at Sand Mountain and Blowsand Mountains. In 
addition, we have information in our files regarding potential impacts 
from the use of Blowsand Mountains as a military bombing range. We 
discuss these potential threats below.
ORV Recreation
    The petition indicates that Sand Mountain is a 4,795-ac (1,941-ha) 
designated Special Recreation Management Area (SRMA) managed by the 
Stillwater Field Office of the BLM (WildEarth Guardians 2010, p. 14). 
The petition states that ORV use can be intense at times and that BLM 
has ``closed'' some areas to ORV use (BLM 2001, pp. REC-3, REC-4; 
WildEarth Guardians 2010, p. 14). The petition also states from an 
anonymous source that ``some'' users ignore restrictions and ride into 
areas that were closed in 2001 (WildEarth Guardians 2010, p. 14). The 
petition does not provide additional information pertaining to the 
number of or frequency with which these users violate restrictions and 
ride into closed areas.
    Information in our files indicates that recreational ORV use is 
currently restricted to a designated trail system that prohibits ORV 
use of vegetated areas (72 FR 24253; May 2, 2007). Most arthropods 
found during a survey at Sand Mountain occurred in association with 
perennial shrub vegetation at the base of the dune and, except while 
traveling, no species were found to inhabit open sand (Rust 1981, p. 
2). On December 12, 2006, BLM implemented an emergency restriction on 
motorized use on 3,985 ac (1,612 ha) of land to prevent adverse effects 
to the habitat of the Sand Mountain blue butterfly (Euphilotes 
pallescens arenamontana) (72 FR 12187; March 15, 2007). These 
restrictions reduce the route system within and outside of the SRMA 
from an estimated 200 mi (320 km) to 21.5 mi (34.4 km) (72 FR 24253; 
May 2, 2007). This returns the length of the route system to about the 
length of the system in 1980. The emergency restriction will remain in 
effect until the Resource Management Plan has been updated or until the 
Field Office Manager determines it is no longer needed (72 FR 12187; 
March 15, 2007). The Service has found that implementation of this 
closure in 2006 effectively reduces the threat posed by ORVs to the 
Sand Mountain blue butterfly's habitat and ensures that further habitat 
destruction is prevented and will ensure natural shrub regeneration 
over the long-term (72 FR 24253; May 2, 2007). The reduction of this 
ORV threat also applies to Hardy's aegialian scarab and Sand Mountain 
serican scarab habitat at Sand Mountain. Thus, the extent and magnitude 
of potential impacts to Hardy's aegialian scarab and the Sand Mountain 
serican scarab from ORV use have decreased since the petition's 2001 
citation and are likely to remain so. In addition, the petition's 
statement of closed areas as referenced in BLM (2001) is incorrect. The 
BLM document (BLM 2001, p. REC-4) cites a Federal Register Notice 
published on September 15, 1988 (53 FR 35917). This Federal Register 
Notice does not indicate closed areas to ORV use at Sand Mountain 
Recreation Area but indicates their use is limited in vegetated areas. 
We do not have information in our files on potential violations of the 
2006 ORV restrictions. Therefore, we believe the petition's information 
regarding ORV threats to these species' habitat at Sand Mountain is 
outdated and inaccurate. We discuss the adequacy of BLM's regulation of 
this trail system in protecting the habitat of the dune beetles at Sand 
Mountain under Factor D below.
    As indicated above, Blowsand Mountains occur partially on Fallon

[[Page 47128]]

NAS lands and partially on BLM lands (Nachlinger et al. 2001, pp. A12-
1, A12-11). The petition does not provide specific information related 
to ORV use at Blowsand Mountains.
    According to information in our files, the Blowsand Mountains occur 
within the Fallon Range Training Complex Military Operation Area, a 26-
million-acre (ac) (10.5-million hectare (ha)) area used by the Naval 
Strike and Air Warfare Center (TNC 2004, p. 11). Because a portion of 
the Blowsand Mountains dune system is used for inert and live air-to-
ground ordnance drops by the military, much of the area is not open to 
public access and therefore is not used for ORV recreation (TNC 2004, 
p. 12). According to TNC (2004, p. 48), ``The only activities that take 
place on this dune system are those related to the military training 
mission of NAS Fallon.'' Therefore, the petition's assertions regarding 
ORV use at Blowsand Mountains impacting Hardy's aegialian scarab and 
the Sand Mountain serican scarab are not supported.
Bombing Range
    Our files indicate, as noted above, that much of the Blowsand 
Mountains dune system is within an active practice bombing range. A 
conservation assessment of the Blowsand Mountains dune system has been 
completed by a team comprised of individuals from the BLM, Fallon NAS, 
TNC, Fallon Paiute Shoshone Tribe, and Walker River Paiute Tribe (TNC 
2004). Threats identified to the Blowsand Mountains dune system by the 
assessment team were related to ordnance drops, detonation of 
unexploded ordnance, and invasive weed transport during the removal of 
ordnance (TNC 2004, p. viii). As part of the conservation assessment, 
the stressors at the Blowsand Mountains dune system (habitat for 
Hardy's aegialian scarab and the Sand Mountain serican scarab) were 
evaluated. Only direct mortality to dune biota from ordnance drops was 
rated as a high-severity threat, but because it was of small geographic 
scope, the overall stress ranking was determined to be low (TNC 2004, 
p. 48). The assessment team also evaluated the viability of the 
Blowsand Mountains dune system based on its size outside of the heavy-
effect bombing area, its condition based on invasive species, and its 
connection to a current source of sand. The assessment team determined 
it to have an overall viability score of ``good'' based on size and 
condition of the system and its landscape context (TNC 2004, p. 32). 
Because the stress ranking from the conservation assessment was 
considered low for ordnance drops and the overall viability of Blowsand 
Mountains was determined to be good, potential impacts to populations 
of Hardy's aegialian scarab and the Sand Mountain serican scarab from 
bombing practice at Blowsand Mountains are considered low.
    Based on the information available in the petition and our files, 
we have determined that there is not substantial information to 
indicate that listing Hardy's aegialian scarab or the Sand Mountain 
serican scarab located at Sand Mountain and Blowsand Mountains may be 
warranted due to the present or threatened destruction, modification, 
or curtailment of their habitat or range.
Crescent Dunes
    The Crescent Dunes aegialian scarab and Crescent Dunes serican 
scarab occur only at Crescent Dunes, Nye County (Gordon and Cartwright 
1977, p. 44; Hardy and Andrews 1987, p. 173). The petition provided 
information on possible threats from ORV use at Crescent Dunes. In 
addition, the petition provided information related to potential 
impacts from a solar facility proposed near the dunes. We discuss these 
potential threats below.
ORV Recreation
    According to the petition, Crescent Dunes is a designated SRMA on 
3,000 ac (1,214 ha) of public lands administered by the Tonopah Field 
Office of the BLM (BLM 1997, p. 21). The SRMA is open to ORV use year-
round (WildEarth Guardians 2010, p. 11). Though no part of the dunes is 
reserved for the protection of sensitive species, ORVs are required to 
stay on roads, trails, and unvegetated dunes (WildEarth Guardians 2010, 
p. 11). The petition does not provide any specific information 
regarding impacts to the Crescent Dunes aegialian scarab and Crescent 
Dunes serican scarab from ORV use. However, the petition provided 
information regarding an opinion from The Nature Conservancy that 
recreation appeared to be a high priority at Crescent Dunes with no 
regard given to protection of the unique animals of the dune system and 
no analysis of the impacts of ORVs to these species or their habitat 
(BLM 1994, p. 5-116). We are unaware of any management plans or 
emergency restrictions being placed on motorized use at Crescent Dunes 
to protect the Crescent Dunes aegialian scarab and the Crescent Dunes 
serican scarab or their habitat. The adequacy of BLM's regulations 
regarding this trail system in protecting the habitat of the dune 
beetles at Crescent Dunes is discussed under Factor D below.
    We have no additional information in our files related to this 
potential threat.
Solar Energy Development
    According to the petition, Tonopah Solar Energy, LLC submitted a 
right-of-way application and a plan of development to the BLM's Tonopah 
Field Office for the construction and operation of a solar power 
generation facility (Crescent Dunes Solar Energy Project), associated 
transmission facilities to the Anaconda Substation located 6 mi (9.7 
km) north of the project area, and access roads (74 FR 61364; November 
24, 2009). This facility would have a generating capacity of up to 160 
megawatts (MW) of electricity based on concentrating solar power 
technology. The proposed plant, including the heliostat array, power 
block, and associated facilities, would use approximately 1,600 ac (648 
ha) of BLM-managed lands northwest of Tonopah, Nevada. This project is 
considered a ``fast-track'' project. According to the BLM Nevada State 
Office Web site, fast-track projects are those where the companies 
involved have demonstrated to BLM that they have made sufficient 
progress to formally start the environmental review and public 
participation process. Projects that were cleared for approval by the 
Department of the Interior by December 2010 are eligible for economic 
stimulus funding under the American Recovery and Reinvestment Act of 
2009 (Pub. L. 111-5). All renewable energy projects proposed for BLM-
managed lands receive full environmental reviews required by the 
National Environmental Policy Act, as amended (42 U.S.C. 4321 et seq.) 
(BLM 2010a, p. 1). The scoping period for this project closed on 
December 24, 2009 (74 FR 61364; November 24, 2009). The petition claims 
that increased activity from construction and maintenance of the 
proposed solar array, which would be located adjacent to the sand 
dunes, may disturb beetles and their habitat.
    We have no additional information in our files on this potential 
threat other than that a draft environmental impact statement is 
currently being prepared (BLM 2010b, p. 8).
    Based on the information available in the petition and our files, 
we have determined that there is substantial information to indicate 
that listing the Crescent Dunes aegialian scarab and Crescent Dunes 
serican scarab located at Crescent Dunes may be warranted due to the 
present or threatened destruction, modification, or curtailment of 
their habitat or range.

[[Page 47129]]

Big Dune and Lava Dune
    The large aegialian scarab and Giuliani's dune scarab occur only at 
Big Dune and Lava Dune, Nye County (Gordon and Cartwright 1977, p. 43; 
BLM 1998a, p. 3-41), which are managed by the Southern Nevada District 
Office of the BLM. The petition provided information on possible 
threats from ORV use at Big Dune and Lava Dune. In addition, the 
petition provided information related to potential impacts from a solar 
facility proposed near the dunes. We discuss these potential threats 
below.
ORV Recreation
    According to information provided by the petition, there is an 
11,600-ac (4,694-ha) Big Dune SRMA, which includes a 1,920-ac (777-ha) 
ACEC at Big Dune (BLM 1998b, pp. 7, 23; WildEarth Guardians 2010, p. 
18). The objective of the SRMA is to provide for moderate, casual ORV 
use; camping; and other casual recreation opportunities. The ACEC was 
established in 1998 to protect beetle habitat, but only 200 ac (81 ha) 
of the 1,920 ac (777 ha) ACEC were set aside specifically as beetle 
habitat (BLM 1998b, p. 23). This is considered inadequate by the 
petitioner when compared to the Service's previous proposal to list 
Giuliani's dune scarab and designate critical habitat over the entire 
dune in 1978 (43 FR 35636; August 10, 1978) (WildEarth Guardians 2010, 
p. 18). In addition, ORV use is allowed on the designated route system 
within the 200 ac (81 ha) specified as beetle habitat (BLM 1998b, p. 
23). Within the entire 1,920-ac (777-ha) ACEC, speed-based, competitive 
ORV events are prohibited (BLM 1998b, p. 23). Because nonvegetated 
portions of the Big Dune SRMA outside of designated beetle habitat are 
managed as open to ORV use, the petition indicates that heavy ORV use 
occurs over large areas of the rest of Big Dune and the immediate 
surrounding area (BLM 1998b, p. 24; WildEarth Guardians 2010, p. 18). 
Lava Dune has no special management designation. The petition does not 
provide any specific information regarding impacts to the large 
aegialian scarab and Giuliani's dune scarab from ORV use at Lava Dune. 
The adequacy of BLM's regulations regarding ORV use at Big Dune and 
Lava Dune is discussed under Factor D.
    We have no additional information in our files related to this 
potential threat.
Solar Energy Development
    According to the petition, Pacific Solar Investments, Inc., 
submitted a right-of-way application and plan of development to the 
BLM's Southern Nevada District Office for the construction, operation, 
maintenance, and termination of a solar power generation facility 
(Amargosa North Solar Project), transmission substation, and switchyard 
facilities (74 FR 66146; December 14, 2009). This facility would have a 
generating capacity of about 150 MW of electricity based on 
concentrating solar power technology and would be located on about 
7,500 ac (3,035 ha) of BLM-managed lands in the Amargosa Valley, Nye 
County. A portion of Big Dune lies within the proposed project area. 
All renewable energy projects proposed for BLM-managed lands receive 
full environmental reviews required by the National Environmental 
Policy Act. The scoping period for this project closed on February 12, 
2010 (74 FR 66146; December 14, 2009).
    According to information in our files, the reconnaissance-level 
biological survey completed for the plan of development states that 
``due to the proximity of the endemic beetles ACEC, it will be 
important to address the potential affect [sic] of any adjacent 
development to the continued habitat function and viability of this 
ACEC'' (CH2MHILL 2008, p. 3-1). We have no additional information in 
our files on this potential threat to the large aegialian scarab and 
Giuliani's dune scarab at Big Dune.
    Based on the information available in the petition and our files, 
we have determined that there is substantial information to indicate 
that listing the large aegialian scarab and Giuliani's dune scarab at 
Big Dune and Lava Dune may be warranted due to the present or 
threatened destruction, modification, or curtailment of their habitat 
or range.
Summary of Factor A
    We find that the petition and information in our files provide 
substantial information that ORV recreation is a potential threat to 
the Crescent Dunes aegialian scarab and Crescent Dunes serican scarab 
that occur at Crescent Dunes and to the large aegialian scarab and 
Giuliani's dune scarab that occur at Big Dune and Lava Dune. We also 
find that the petition provides substantial information that solar 
energy development may be a threat to the Crescent Dunes aegialian 
scarab, Crescent Dunes serican scarab, large aegialian scarab, and 
Giuliani's dune scarab at Crescent Dunes and Big Dune.
    While ORV use occurs at Sand Mountain, we find that the 
comprehensive, mandatory route restrictions put in place in 2006 (72 FR 
12187; March 15, 2007; 72 FR 24253; May 2, 2007) to protect the shrub 
habitat used by the Sand Mountain blue butterfly also protects the two 
dune beetles (Hardy's aegialian scarab and Sand Mountain serican 
scarab) as they also depend upon this shrub habitat (see also Factor D 
discussion). We do not have information indicating that violations of 
the 2006 ORV restrictions occur, or occur frequently enough to impact 
the shrub habitat at Sand Mountain. Off Road Vehicle recreation does 
not occur throughout much of the Blowsand Mountains' dune system 
because much of this area is not open to public access due to its 
location within the Fallon Range Training Complex Military Operation 
Area, an active practice bombing range. The bombing operations at the 
Blowsand Mountains are of limited geographic scope, and therefore have 
been ranked as a low stress by an interagency assessment team. For 
these reasons, we do not find that the petition provides substantial 
information indicating that the Hardy's aegialian scarab or Sand 
Mountain serican scarab may be warranted for listing under Factor A, 
the present or threatened destruction, modification, or curtailment of 
their habitat or range.
    Therefore, based on our evaluation of the information available in 
the petition and our files, we find that the petition does not present 
substantial information to indicate that listing Hardy's aegialian 
scarab and the Sand Mountain serican scarab may be warranted, but the 
information available in the petition and in our files does present 
substantial information to indicate that listing may be warranted for 
the Crescent Dunes aegialian scarab, Crescent Dunes serican scarab, the 
large aegialian scarab, and Giuliani's dune scarab due to the present 
or threatened destruction, modification, or curtailment of their 
habitat or range.

Factor B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

Information Provided in the Petition
    The petition notes that collection of individuals for scientific 
purposes has occurred over the years, but does not provide information 
about whether this constitutes a threat to any of the six sand dune 
beetle species (WildEarth Guardians 2010, p. 7).

[[Page 47130]]

Evaluation of Information Provided in the Petition and in Our Files
    The petition does not provide information that overutilization for 
commercial, recreational, scientific, or educational purposes has 
negatively impacted any of the six petitioned beetle species. We have 
no information in our files to indicate that overutilization for 
commercial, recreational, scientific, or educational purposes is a 
threat to any of the six species.
    Therefore, based on our evaluation of the information provided in 
the petition, we do not consider the petition or information in our 
files to provide substantial scientific or commercial information 
indicating that listing of any of the six petitioned beetles may be 
warranted due to overutilization for commercial, recreational, 
scientific, or educational purposes.

Factor C. Disease or Predation

Information Provided in the Petition
    According to information provided by the petition, nighthawks 
(Chordeiles minor) were observed preying on Andrew's dune scarab 
(Pseudocotalpa andrewsi) at Algodones Dunes in southern California 
(Hardy and Andrews 1986, p. 137), a dune system similar to those used 
by the petitioned beetles (WildEarth Guardians 2010, p. 7). Foxes 
(Vulpes macrotis) and coyotes (Canis latrans) may also prey on sand 
dune beetles (Hardy and Andrews 1986, p. 137). Rust (1985, p. 109) 
stated that no predation of Guiliani's dune scarab was observed at Big 
Dune or Lava Dune although many potential predators were observed.
    The petition states that disease is not known to be a threat to any 
of the six petitioned beetles (WildEarth Guardians 2010, p. 7).
Evaluation of Information Provided in the Petition and in Our Files
    The petition does not provide specific information that predation 
or disease has negatively impacted the six petitioned sand dune 
beetles. While predation of the sand dune beetles would be a common 
occurrence, it is unknown whether predation may be occurring at such a 
level that it is negatively affecting these species. We do not have 
information in our files to indicate that predation or disease is a 
potential threat to any of these species.
    Therefore, based on our evaluation of the information in the 
petition and in our files, we have determined that the petition does 
not provide substantial information to indicate that listing any of the 
six sand dune beetles may be warranted due to disease or predation.

Factor D. The Inadequacy of Existing Regulatory Mechanisms

Information Provided in the Petition
    The petitioned dune beetles occur on Federal lands managed either 
by the BLM or the Department of Defense. The populations on BLM lands 
all occur within or adjacent to areas managed primarily for ORV use and 
designated as SRMAs. The petition states that none of the six 
petitioned sand dune beetle species has legal protection (WildEarth 
Guardians 2010, pp. 7-18). All six petitioned species are listed as BLM 
sensitive species (BLM 2007, pp. J-3, J-35). According to information 
in our files, BLM sensitive species are defined as ``species that 
require special management or considerations to avoid potential future 
listing'' (BLM 2008, Glossary p. 5). The stated objective for sensitive 
species is to initiate proactive conservation measures that reduce or 
eliminate threats to minimize the likelihood of and need for listing 
(BLM 2008, Section 6840.02). Conservation, as it applies to BLM 
sensitive species, is defined as ``the use of programs, plans, and 
management practices to reduce or eliminate threats affecting the 
status of the species, or improve the condition of the species' habitat 
on BLM-administered lands'' (BLM 2008, Glossary p. 2).
    The petition also notes that although some of the petitioned 
beetles may occur at ``preliminary focal areas'' identified in the 
Nevada Wildlife Action Plan, this plan does not prescribe conservation 
measures for sensitive invertebrates in Nevada (WAPT 2006). Moreover, 
the petition points out that Nevada Revised Statute 501.110 provides 
only for the protection of invertebrates classified as either mollusks 
or crustaceans, and not other invertebrates. Under current statute, 
therefore, beetles cannot be provided State protection (WildEarth 
Guardians 2010, p. 7).
    The petition provides some information on the Federal management of 
the three SRMAs at which the dune beetles occur (WildEarth Guardians 
2010, pp. 11, 14-15, 18-19). Each of the SRMAs includes habitat for 
only two of the six petitioned species and none of these species occur 
at more than one SRMA, although some of the six petitioned beetles also 
occur at other nearby dune systems. In addition, each of the three 
SRMAs has specific management restrictions. For these reasons, existing 
regulatory mechanisms are more easily assessed for the pairs of species 
that are unique to each SRMA. Occurrences outside of the SRMAs are 
discussed within this framework.
Evaluation of Information Provided in the Petition and in Our Files
Sand Mountain and Blowsand Mountains
    Hardy's aegialian scarab and the Sand Mountain serican scarab are 
known only from Sand Mountain and nearby Blowsand Mountains. Sand 
Mountain is a designated SRMA managed by the BLM Stillwater Field 
Office that extends over 4,795 ac (1,941 ha). The petition states that 
the BLM has closed some areas to ORV use (BLM 2001, pp. REC-3 and REC-
4; WildEarth Guardians 2010, p. 14). The petition also cites a 2009 
anonymous source who stated that some ORV users have ignored these 2001 
restrictions and ride in closed areas (WildEarth Guardians 2010, p. 
14).
    We have information in our files that the ORV restrictions 
mentioned in the 2001 Carson City Field Office Resource Management Plan 
(CCRMP) (BLM 2001) cited by the petition have been superseded by more 
comprehensive ORV restrictions implemented in 2006 to prevent adverse 
effects to the habitat of the Sand Mountain blue butterfly (72 FR 
12187; March 15, 2007). The Service has previously found that 
implementation of this closure, which includes a designated ORV route 
system throughout the vegetated portions of the SRMA, effectively 
reduces the threat posed by ORVs to the Sand Mountain blue butterfly's 
habitat and ensures that further habitat destruction is prevented and 
will ensure, over the long-term, natural shrub regeneration (72 FR 
24253; May 2, 2007). The reduction of this ORV threat to the 
butterfly's habitat also applies to this shared habitat with Hardy's 
aegialian scarab and the Sand Mountain serican scarab since these two 
beetles occupy similar habitat as the Sand Mountain blue butterfly.
    The Blowsand Mountains dune system is under the jurisdiction of the 
Department of Defense and is within a practice bombing range used by 
the Fallon NAS. The petition provides no information on the management 
of the Blowsand Mountains. As previously noted under Factor A, 
information in our files states that because of its use for military 
bombing training operations, much of the area is not open to public 
access and therefore is not used for ORV recreation (TNC 2004, p. 12). 
An interagency assessment team concluded that while direct mortality to 
dune biota from bomb drops can be severe, it was of small geographic 
scope within the Blowsand Mountains and, therefore, its

[[Page 47131]]

overall stress ranking was considered low (TNC 2004, p. 48).
    Therefore, based on the information provided in the petition and 
available in our files, we have determined that the petition does not 
present substantial information to indicate that listing the Hardy's 
aegialian scarab or the Sand Mountain serican scarab may be warranted 
due to the inadequacies of existing regulatory mechanisms.
Crescent Dunes
    The Crescent Dunes aegialian scarab and Crescent Dunes serican 
scarab are known only from the Crescent Dunes, where a total of 3,000 
ac (1,214 ha) has been designated as the Crescent Sand Dunes SRMA in 
the Tonopah Resource Management Plan (TRMP) (BLM 1997, p. 21). The 
petition provides no information, nor do we have any information in our 
files, regarding whether either of these species occurs outside of the 
designated SRMA boundary. The Record of Decision (ROD) for the TRMP 
states that vehicle use within the SRMA will be limited to existing 
roads and trails, although ORV use on unvegetated areas may be allowed 
provided that such vehicle use is compatible with the area's values 
(BLM 1997, p. 21). The Crescent Dunes SRMA is closed to competitive 
recreational events to protect sensitive resource values (BLM 1997, p. 
20). Fluid mineral leasing is allowed, subject to a no-surface-
occupancy stipulation (BLM 1997, p. 21). The TRMP does not specifically 
address management of renewable resources such as solar energy (BLM 
1997). No specific mention is made of either beetle species in the 
TRMP, although it states that Nevada BLM Sensitive Species will be 
managed to maintain or increase current population levels (BLM 1997, p. 
9). We are not aware of any specific conservation actions or plans for 
either the Crescent Dunes aegialian scarab or the Crescent Dunes 
serican scarab.
    The petition noted that during the public participation process for 
the proposed TRMP, the BLM received a letter from the Nevada Outdoor 
Recreation Association, Inc. urging them to designate the Crescent 
Dunes as an ACEC to protect endemic species, including the Crescent 
Dunes aegialian scarab (BLM 1994, pp. 5-12). The BLM responded that a 
14,000-ac (5,666 ha) area at Crescent Dunes was examined for ACEC 
potential and determined not to meet the importance criterion as 
defined in BLM policy (BLM 1994, pp. 5-125); no further explanation was 
provided. In the ROD for the TRMP, the BLM stated that as a result of 
several points of protest concerning ACECs that were found to be valid, 
decisions to designate ACECs were withheld and that an ACEC Plan 
Amendment would be prepared over the next 2 years to address these 
points of protest (BLM 1997, p. 3); we have no information in our files 
regarding whether this plan amendment was ever prepared. Another 
commenter, The Nature Conservancy, expressed the opinion that 
recreation appeared to be high priority at Crescent Dunes with no 
regard given to protection of the unique animals of the dune system and 
no analysis of the impacts of ORVs to these species or their habitat 
(BLM 1994, pp. 5-116). The BLM responded that impacts to sensitive 
species would be addressed in the SRMA plan (BLM 1994, pp. 5-159). 
According to the petition, no management plan has been prepared for the 
SRMA (WildEarth Guardians 2010, p. 11). We are unaware of any other 
restrictions being placed on motorized use at Crescent Dunes to protect 
the Crescent Dunes aegialian scarab and the Crescent Dunes serican 
scarab or their habitat as was done at Sand Mountain to protect the 
Sand Mountain blue butterfly and its habitat.
    Therefore, based on the information provided in the petition and 
available in our files, we have determined that the petition does 
present substantial information to indicate that listing the Crescent 
Dunes aegialian scarab and the Crescent Dunes serican scarab may be 
warranted due to the inadequacies of existing regulatory mechanisms.
Big Dune and Lava Dune
    The large aegialian scarab and Giuliani's dune scarab are known 
only from Big Dune and Lava Dune. According to the petition, in the Las 
Vegas Resource Management Plan (LVRMP), the BLM designated an 11,600-ac 
(4,694-ha) SRMA, which includes a 1,920-ac (777-ha) ACEC at Big Dune 
(BLM 1998b, pp. 7, 23). The objective of the SRMA is to provide for 
moderate, casual ORV use; camping; and other casual recreation 
opportunities. The ACEC was established to protect beetle habitat. The 
management direction is to prohibit ORV use within 200 ac (81 ha) of 
dune beetle habitat within the ACEC, except on the designated route 
through it, to ensure continued survival of the native beetle 
population. Speed-based competitive ORV events within the ACEC are also 
prohibited (BLM 1998b, p. 23). Other commercial activities and 
permitted events are allowed on a case-by-case basis. The management 
direction stipulates that long-term recreation management within the 
dunes be based on the minimum habitat requirements of the beetles (BLM 
1998b, p. 23). Lands within the ACEC are designated as a rights-of-way 
exclusion area and are closed to locatable mineral, salable mineral, 
and solid leasable mineral entry; fluid mineral leasing is allowed, 
subject to a no-surface-occupancy stipulation (BLM 1998b, p. 7). The 
LVRMP does not specifically address management of renewable resources 
such as solar energy (BLM 1998b). There is no livestock grazing within 
the ACEC. A BLM brochure states that a 5-ac (2-ha) area within the ACEC 
on the east side of the dunes has been set aside specifically for the 
protection of beetle habitat (BLM 2010c, p. 1). We have no information 
in our files that explains the discrepancy between the 200 ac (81 ha) 
protected area identified in the LVRMP and the 5 ac (2 ha) area 
described in the brochure.
    In our files, we have correspondence that indicates that a study of 
the distribution of the beetles and their ecological requirements was 
initiated at Big Dune in 2007 (Murphy 2007, p. 1). This correspondence 
includes a statement that the researchers were successful in locating 
both endemic scarab beetles in ``huge'' numbers although ORV activities 
were having impacts (Murphy 2007, p. 1). This survey information, 
however, is anecdotal, and we lack sufficient details or a written 
report to evaluate this claim. We have no information on the status of 
the beetles at the nearby Lava Dune, which has no special management 
designations.
    Therefore, based on the information provided in the petition and 
available in our files, we have determined that the petition does 
present substantial information to indicate that listing the large 
aegialian scarab and Giuliani's dune scarab may be warranted due to the 
inadequacies of existing regulatory mechanisms.
Summary of Factor D
    We find that the petition provides substantial information that 
there may be inadequate existing regulatory mechanisms related to ORV 
use and solar facility siting and, therefore, a potential threat to the 
Crescent Dunes aegialian scarab and the Crescent Dunes serican scarab 
that occur at Crescent Dunes, and to the large aegialian scarab and 
Giuliani's dune scarab that occur at Big Dune and Lava Dune.
    While ORV use also occurs at Sand Mountain (see also Factor A 
discussion), we believe that the mandatory route restrictions in place 
since 2006 protect the shrub habitat on which the two dune beetles that 
occur there depend. We do not have information indicating

[[Page 47132]]

that violations of the 2006 restrictions occur, or occur frequently 
enough to impact the dune beetles' shrub habitat. Off Road Vehicle 
recreation does not occur throughout much of the Blowsand Mountains' 
dune system because much of it is not open to public access. The 
bombing operations at the Blowsand Mountains are of limited geographic 
scope and, therefore, direct mortality to dune biota was given a low 
stress ranking by an interagency assessment team. Solar facilities are 
not being proposed at or near Sand Mountain or Blowsand Mountains. For 
these reasons, we do not consider the petition to provide substantial 
information that listing Hardy's aegialian scarab or the Sand Mountain 
serican scarab, endemic to Sand Mountain and the Blowsand Mountains, 
may be warranted due to the inadequacies of existing regulatory 
mechanisms.
    Therefore, based on our evaluation of the information available in 
the petition and our files, we have determined that the petition does 
not present substantial information to indicate that listing Hardy's 
aegialian scarab and the Sand Mountain serican scarab may be warranted, 
but the information available in the petition and our files does 
present substantial information to indicate that listing may be 
warranted for the Crescent Dunes aegialian scarab, Crescent Dunes 
serican scarab, large aegialian scarab, and Giuliani's dune scarab, due 
to the inadequacies of existing regulatory mechanisms.

Factor E. Other Natural or Manmade Factors Affecting Its Continued 
Existence

Information Provided in the Petition
    The petition states that the six petitioned sand dune beetles have 
limited distribution and apparently small populations, increasing the 
likelihood of extinction (WildEarth Guadians 2010, p. 8). In support of 
this claim, the petition cites Service status assessments for a ground-
dwelling snail [Sisi (Ostodes strigatus)], and for Langford's tree 
snail (Partula langfordii), in which the Service found that the small 
number of individuals or the small number of extant populations made 
these species more vulnerable to extinction (Service 2009a, pp. 4-5; 
2009b, pp. 5-6). These assessments differ substantially, however, from 
our current considerations for the six petitioned sand dune beetles. 
The total population of Sisi was estimated at fewer than 50 individuals 
in the early 1990s (Service 2009a, p. 3). In the case of Langford's 
tree snail, there is a record of historical declines in population 
estimates from hundreds of individuals documented in 1970 to only a few 
individuals by the early 1990s; no live snails have been located in 
recent surveys (Service 2009a, p. 4). The petition notes that, in the 
case of Langford's tree snail, the Service relied on citations not 
specific to this species that state that small populations are 
particularly vulnerable to reduced reproductive vigor caused by 
inbreeding depression, and may suffer a loss of genetic variability 
over time due to random genetic drift (WildEarth Guardians 2010, p. 8). 
The petition also states that many species in the Great Basin and 
Mojave Deserts, especially species adapted to specialized habitats such 
as sand dunes, have evolved and continue to persist in isolation with 
limited distribution (Brussard et al. 1998, pp. 514-520).
Evaluation of Information Provided in the Petition and in Our Files
    The petition provided no population estimates or trends for any of 
the six petitioned species, nor do we have definitive population 
estimates or trends for any of these beetles in our files. We do have 
anecdotal information in our files that indicates that ``huge'' 
populations of two scarab beetles (large aegialian scarab and 
Giuliani's dune scarab) were present as recently as 2007 at Big Dune 
(Murphy 2007, p. 1).
    In a genetics study of five species of Aegialia, researchers found 
that three flightless species, which included Hardy's aegialian scarab 
and the large aegialian scarab, had low genetic distance measures but 
relatively high estimates of gene flow (Porter and Rust 1996, p. 719). 
They suggested that flightless Aegialia populations within Great Basin 
dune systems may be extremely large and have levels of gene flow high 
enough to maintain high genetic similarity, and therefore low genetic 
distances (Porter and Rust 1996, p. 719).
    Neither the petition, nor the information in our files, provides 
information that directly indicates that limited distribution, in and 
of itself, is a substantial threat to the petitioned dune beetle 
species. The petition does not provide information on chance events or 
other threats to the six species and connect such threats to small 
population numbers or restricted range or the potential for such 
threats to occur in occupied habitats in the future.
    Limited distribution and small population numbers or sizes are 
considered in determining whether the petition provides substantial 
information regarding natural or anthropogenic threat, or a combination 
of threats, that may be affecting a particular species. However, in the 
absence of information identifying chance events or other threats and 
the potential for such chance events to occur in occupied habitats, and 
connecting them to a restricted geographic range of a species, we do 
not consider chance events, restricted geographic range, or rarity by 
themselves to be threats to a species.
    Therefore, based on our evaluation of the information provided in 
the petition and our files, we have determined that the petition does 
not present substantial information to indicate that listing any of the 
six sand dune beetle species may be warranted due to other natural or 
manmade factors affecting these species' continued existence.

Finding

    On the basis of our determination under section 4(b)(3)(A) of the 
Act, we find that the petition does not present substantial scientific 
or commercial information indicating that listing Hardy's aegialian 
scarab and the Sand Mountain serican scarab throughout their entire 
range may be warranted. On the basis of our determination under section 
4(b)(3)(A) of the Act, we have determined that the petition presents 
substantial scientific or commercial information that listing the 
Crescent Dunes aegialian scarab, Crescent Dunes serican scarab, large 
aegialian scarab, and Giuliani's dune scarab throughout their entire 
range may be warranted.
    The petition presents substantial information indicating that 
listing the Crescent Dunes aegialian scarab may be warranted due to 
Factors A and D. The petition does not present substantial information 
indicating that listing the Crescent Dunes aegialian scarab may be 
warranted due to Factors B, C, or E.
    The petition presents substantial information indicating that 
listing the Crescent Dunes serican scarab may be warranted due to 
Factors A and D. The petition does not present substantial information 
indicating that listing the Crescent Dunes serican scarab may be 
warranted due to Factors B, C, or E.
    The petition presents substantial information indicating that 
listing the large aegialian scarab may be warranted due to Factors A 
and D. The petition does not present substantial information indicating 
that listing the large aegialian scarab may be warranted due to Factors 
B, C, or E.
    The petition presents substantial information indicating that 
listing Giuliani's dune scarab may be warranted due to Factors A and D. 
The petition does not present substantial information indicating that 
listing

[[Page 47133]]

Giuliani's dune scarab may be warranted due to Factors B, C, or E.
    Because we have found that the petition presents substantial 
information that listing four of the six species may be warranted, we 
are initiating status reviews (12-month findings) to determine whether 
listing these four species under the Act is warranted.
    The ``substantial information'' standard for a 90-day finding 
differs from the Act's ``best scientific and commercial data'' standard 
that applies to a status review to determine whether a petitioned 
action is warranted. A 90-day finding does not constitute a status 
review under the Act. In 12-month findings, we determine whether a 
petitioned action is warranted after we have completed thorough status 
reviews of the species, which are conducted following substantial 90-
day findings. Because the Act's standards for 90-day and 12-month 
findings are different, as described above, a substantial 90-day 
finding does not mean that a 12-month finding will result in a 
warranted finding.

References Cited

    A complete list of references cited is available on the Internet at 
http://www.regulations.gov and upon request from the Nevada Fish and 
Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

Author

    The primary authors of this document are the staff members of the 
Nevada Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

Authority

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

    Dated: July 21, 2011.
Gregory E. Siekaniec,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2011-19743 Filed 8-3-11; 8:45 am]
BILLING CODE 4310-55-P