[Federal Register: April 22, 2009 (Volume 74, Number 76)]
[Proposed Rules]
[Page 18341-18347]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap09-16]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R3-ES-2009-0017; 92210-1117-0000-FY09-B4]
RIN 1018-AW47
Endangered and Threatened Wildlife and Plants; Revised Critical
Habitat for the Hine's Emerald Dragonfly
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Revised proposed rule; reopening of public comment period,
proposal to designate additional critical habitat unit.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
reopening of the public comment period on our July 26, 2006, proposed
rule on the designation of critical habitat for the Hine's emerald
dragonfly (Somatochlora hineana) under the Endangered Species Act of
1973, as amended (Act). At this time the Service is reconsidering
designating critical habitat on the Hiawatha National Forest in
Michigan and the Mark Twain National Forest in Missouri as identified
in the July 26, 2006, proposal. During the process of reconsidering the
exclusion of these Federal lands, critical habitat designated by the
September 5, 2007, final rule remains in place, while the Federal lands
as described in the July 2006 proposed rule are considered as proposed
critical habitat. Through this notice, the Service is also taking the
opportunity pursuant to section 4(a)(3)(B) of the Act to propose a new
unit on the Mark Twain National Forest that was not known to be
occupied by the Hine's emerald dragonfly at the time of the September
5, 2007, final rule but has since been discovered. The reopened comment
period will provide all interested parties with an additional
opportunity to submit written comments on the proposed rule,
specifically regarding the new proposed unit and the exclusion of U.S.
Forest Service lands from the 2007 final designation. Comments
previously submitted on the proposed critical habitat designation need
not be resubmitted; they have already been incorporated into the public
record and will be fully considered in the final decision.
DATES: We will consider comments received on or before June 22, 2009.
ADDRESSES: You may submit comments by one of the following methods:
[[Page 18342]]
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: RIN 1018-AW47, Division of Policy and Directives Management, U.S.
Fish and Wildlife Service, 4401 N. Fairfax Drive, Suite 222, Arlington,
VA 22203.
We will not accept e-mail or faxes. We will post all comments on
http://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Public Comments section
below for more information).
FOR FURTHER INFORMATION CONTACT: John Rogner, Field Supervisor, Chicago
Illinois Ecological Services Field Office, 1250 S. Grove, Suite 103,
Barrington, IL 60010, (telephone (847) 381-2253 extension 11; facsimile
(847) 381-2285). If you use a telecommunications device for the deaf
(TDD), call the Federal Information Relay Service (FIRS) at 800-877-
8339.
SUPPLEMENTARY INFORMATION:
Public Comments
We intend that any final action resulting from the proposed rule
will be as accurate and as effective as possible. Therefore, we request
comments or suggestions on the proposed designation of critical habitat
for the Hine's emerald dragonfly (Somatochlora hineana).
We particularly seek comments concerning:
(1) The reasons why we should or should not revise currently
designated critical habitat for the Hine's emerald dragonfly by
including 13,295 acres (ac) (5,380 hectares (ha)) on the Hiawatha
National Forest in Michigan and the Mark Twain National Forest in
Missouri in the final designation;
(2) Specific information on the amount and distribution of Hine's
emerald dragonfly habitat on the Hiawatha National Forest in Michigan
or the Mark Twain National Forest in Missouri;
(3) Any foreseeable economic, national security, or other potential
impacts resulting from the proposed critical habitat revision, and in
particular, any impacts on small entities; and
(4) Information on the degree to which species-specific management
plans have been implemented on U.S. Forest Service lands, and the
effectiveness of any management actions implemented in reducing threats
facing the Hine's emerald dragonfly and its habitat or in improving its
population status.
You may submit your comments and materials concerning the proposed
revised designation of critical habitat for the Hine's emerald
dragonfly by one of the methods listed in the ADDRESSES section. We
will not accept comments sent by e-mail or fax or to an address not
listed in the ADDRESSES section.
If you submit a comment via http://www.regulations.gov, your entire
comment--including any personal identifying information--will be posted
on the Web site. If you provide personal identifying information in
addition to the required items specified in the previous paragraph,
such as your street address, phone number, or e-mail address, you may
request at the top of your document that we withhold this information
from public review. However, we cannot guarantee that we will be able
to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing the revised proposed designation of
critical habitat for the Hine's emerald dragonfly, will be available
for public inspection on http://www.regulations.gov, or by appointment,
during normal business hours, at the Service's Chicago Illinois
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
Background
On September 5, 2007, the Service published a final rule in the
Federal Register (72 FR 51102) designating 13,221 ac (5,350 ha) as
critical habitat for the Hine's emerald dragonfly in Illinois,
Michigan, Missouri, and Wisconsin. In that 2007 final rule, the Service
excluded U.S. Forest Service land in Michigan and Missouri from the
designation, under section 4(b)(2) of the Act. The 14 units that make
up the U.S. Forest Service lands were fully described in the July 26,
2006, proposed rule to designate critical habitat for the Hine's
emerald dragonfly (71 FR 42442). The U.S. Forest Service lands make up
all or portions of Michigan units 1 and 2 and Missouri units 1, 2, 4,
5, 7, 8, 11, 21, and 23 through 26. In the 2006 proposed rule, we
explained that we were considering those areas for exclusion from the
final designation, and subsequently excluded them from the 2007 final
rule. We are now reconsidering those exclusions.
On March 10, 2008, six parties (Northwoods Wilderness Recovery, The
Michigan Nature Association, Door County Environmental Council, The
Habitat Education Center, Natural Resources Defense Council, and The
Center for Biological Diversity) filed a complaint against the
Department of the Interior and the Service (Northwoods Wilderness
Recovery et al. v. Dirk Kempthorne 1:08-CV-01407) challenging the
exclusion of U.S. Forest Service lands from the 2007 final designation
of critical habitat for the dragonfly. On February 12, 2009, the U.S.
District Court for the Northern District of Illinois approved a
settlement agreement in which the Service agreed to a remand without
vacatur of the critical habitat designation in order to reconsider the
Federal exclusions from the designation of critical habitat for the
Hine's emerald dragonfly. Per that settlement, we agreed to publish
this notice reopening the comment period on the July 26, 2006, proposed
critical habitat and that, upon publication of this notice, the July
26, 2006, proposed critical habitat designation of the U.S. Forest
Service lands in Michigan and Missouri would be reinstated as proposed.
Furthermore, until the effective date of the revised final critical
habitat determination, the existing designation of critical habitat for
the Hine's emerald dragonfly will remain in place and effective. The
Service will submit a revised final critical habitat designation for
the Hine's emerald dragonfly to the Federal Register by April 15, 2010.
We are reopening the comment period to allow all interested parties
to submit comments and materials on the potential inclusion of land on
the Hiawatha National Forest in Michigan and the Mark Twain National
Forest in Missouri in the final designation of critical habitat for the
Hine's emerald dragonfly. Through this notice, we are also taking the
opportunity to revise our 2006 proposed rule pursuant to section
4(a)(3)(B) of the Act by proposing an additional unit, Missouri Unit
27, on the Mark Twain National Forest in Missouri that was not known to
be occupied by the Hine's emerald dragonfly at the time of the 2007
final rule, but has since been discovered through survey efforts.
Previously submitted comments for this proposed rule need not be
resubmitted. Those comments have been incorporated into the public
record and will be fully considered in our final determination.
Critical Habitat Units on U.S. Forest Service Lands as Described in the
July 26, 2006, Proposal (71 FR 42442)
The units described below are areas that were not documented to be
occupied at the time of listing but are currently occupied and 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 (Service 2001, pp. 31-32) call for a minimum of three
populations,
[[Page 18343]]
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.
Michigan Unit 1--Mackinac County, Michigan
Michigan Unit 1 contains 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 primary constituent elements (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
Hine's emerald dragonfly breeding and foraging. 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. The
majority of this unit is owned by the Hiawatha National Forest.
Threats, including nonnative 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.
This unit is essential to the conservation of the species because it
provides for the redundancy and resilience of populations in this
portion of the species' range, where habitat is under threat from
multiple factors. The exclusion of this entire unit from the 2007 final
designation is being reconsidered.
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 Hine's emerald dragonfly
breeding and foraging. 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. The majority of this
unit is owned by the Hiawatha National Forest and is designated as a
Wilderness Area. Threats, including nonnative 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. This unit is essential to the conservation of the species
because it provides for the redundancy and resilience of populations in
this portion of the species' range, where habitat is under threat from
multiple factors. The exclusion of this entire unit from the 2007 final
designation is being reconsidered.
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. This unit is essential to the
conservation of the species because it provides for the redundancy and
resilience of populations in this portion of the species' range, where
habitat is under threat from multiple factors. The exclusion of this
entire unit from the 2007 final designation is being reconsidered.
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. The
U.S. Forest Service portion of this unit comprises 15 ac (6 ha), and is
the only portion of the unit we are reconsidering for inclusion. 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 U.S. Forest Service portion of the unit provides foraging
areas for the species. The fen provides surface flow, and includes
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. Adults have been
documented from the U.S. Forest Service portion of this locality.
Threats identified for this unit include all-terrain vehicles, feral
hogs, and habitat fragmentation. This unit is essential to the
conservation of the species because it provides for the redundancy and
resilience of populations in this portion of the species' range, where
habitat is under threat from multiple factors. Only the exclusion of
the Forest Service portion of this unit from the 2007 final designation
is being reconsidered.
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. This unit is essential to the conservation of the
species because it provides for the redundancy and resilience of
populations in this portion of the species' range, where habitat is
under threat from multiple factors. The exclusion of this entire unit
from the 2007 final designation is being reconsidered.
[[Page 18344]]
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. This unit is essential to the
conservation of the species because it provides for the redundancy and
resilience of populations in this portion of the species' range, where
habitat is under threat from multiple factors. The exclusion of this
entire unit from the 2007 final designation is being reconsidered.
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 (shed
larval exterior) has been documented from this unit. Threats identified
for this unit include all-terrain vehicles, feral hogs, and habitat
fragmentation. This unit is essential to the conservation of the
species because it provides for the redundancy and resilience of
populations in this portion of the species' range, where habitat is
under threat from multiple factors. The exclusion of this entire unit
from the 2007 final designation is being reconsidered.
Missouri Unit 8--Reynolds County, Missouri
Missouri Unit 8 is part of the Bee Fork complex. Bee Fork West, the
U.S. Forest Service portion of the complex, consists of 4 ac (2 ha) in
Reynolds County, Missouri. This locality is part of 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. This
area was not known to be occupied at the time of listing. All PCEs for
Hine's emerald dragonfly are provided within the unit. 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
northernmost fen in the complex. The unit, in conjunction with the rest
of the 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. The entire 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. This unit is essential to the conservation of the
species because it provides for the redundancy and resilience of
populations in this portion of the species' range, where habitat is
under threat from multiple factors. The exclusion of this entire unit
(unit 8) from the 2007 final designation is being reconsidered--however
the exclusion of the rest of the Bee Fork complex (units 9 and 10 from
the 2006 proposal) is not being reconsidered.
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 U.S.
Forest Service portion of this unit comprises 22 ac (9 ha), and is the
only portion of the unit we are reconsidering for inclusion. 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 in
its entirety is one of the highest quality representative examples of
an Ozark fen in the State and incorporates much of the valley within
Grasshopper Hollow. All PCEs for Hine's emerald dragonfly are provided
in this unit--the U.S. Forest Service portion of the unit provides
foraging areas for the species. 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. Adults
have been documented from the U.S. Forest Service portion of this unit.
Threats identified for this unit include feral hogs, beaver dams, and
habitat fragmentation. This unit is essential to the conservation of
the species because it provides for the redundancy and resilience of
populations in this portion of the species' range, where habitat is
under threat from multiple factors. Only the exclusion of the Forest
Service portion of this unit from the 2007 final designation is being
reconsidered.
Missouri Unit 21--Ripley County, Missouri
Missouri Unit 21 is a very small fen and consists of 6 ac (2 ha) 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. This unit is essential to the conservation of
the species because it provides for the redundancy and resilience of
populations in this portion of the species' range, where habitat is
under threat from multiple factors. The exclusion of this entire unit
from the 2007 final designation is being reconsidered.
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 ac (31 ha) near the town of Palmer in
Washington County, Missouri. The complex consists
[[Page 18345]]
of two fens that are under U.S. Forest Service ownership. 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. This unit is essential to the conservation of the
species because it provides for the redundancy and resilience of
populations in this portion of the species' range, where habitat is
under threat from multiple factors. The exclusion of this entire unit
from the 2007 final designation is being reconsidered.
Missouri Unit 25--Washington County, Missouri
Missouri Unit 25 consists of 33 ac (13 ha) 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. This unit is essential to the conservation of
the species because it provides for the redundancy and resilience of
populations in this portion of the species' range, where habitat is
under threat from multiple factors. The exclusion of this entire unit
from the 2007 final designation is being reconsidered.
Missouri Unit 26--Wayne County, Missouri
Missouri Unit 26 is owned and managed by the U.S. Forest Service
and consists of 5 ac (2 ha). 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.
This unit is essential to the conservation of the species because it
provides for the redundancy and resilience of populations in this
portion of the species' range, where habitat is under threat from
multiple factors. The exclusion of this entire unit from the 2007 final
designation is being reconsidered.
Additional Proposed Critical Habitat Unit
Through this notice the Service is also taking the opportunity
pursuant to section 4(a)(3)(B) of the Act to propose a new unit on the
Mark Twain National Forest that was not known to be occupied by the
Hine's emerald dragonfly at the time of the September 5, 2007, final
rule, but has since been discovered to be occupied. Based on our
evaluation of research results from recent fieldwork, we have
determined that a newly discovered site in Washington County, Missouri,
is essential to the conservation of Hine's emerald dragonfly. The
collection of a final instar male larva from this site provides
evidence of breeding at this locality. The additional proposed critical
habitat unit, Missouri Unit 27, is described below.
Missouri Unit 27--Crawford County, Missouri
Missouri Unit 27 is owned and managed by the U.S. Forest Service
and is approximately 3.25 miles (5.23 kilometers) west and southwest of
Brazil, Missouri, or about 0.25 mile (0.40 kilometer) southeast of
Center Post Church in Crawford County, Missouri. The unit consists of
approximately 3 ac (1.21 ha). This unit was not known to be occupied at
the time of listing. All PCEs for the Hine's emerald dragonfly
identified in the July 26, 2006, proposed rule (71 FR 42442) are
present in this unit. Adult Hine's emerald dragonflies have been
observed at the site and successful breeding was confirmed (Vogt 2008,
p. 10). Surface water consists primarily of seepage pools and small
rivulets. Parts of the fen include an open field with scattered shrubs
and eastern red cedar (Juniperus virginiana) that is likely used as a
foraging area by adults. This unit is essential to the conservation of
the species because it provides for the redundancy and resilience of
populations in this portion of the species' range, where habitat is
under threat from multiple factors. Known threats to the PCEs that may
require special management or protections include invasion of
undesirable plant species, feral hogs, all-terrain vehicles, and
equestrian use.
Required Determinations
In this notice, we are affirming the information contained in our
July 26, 2006, proposed rule (71 FR 42442), concerning Executive Order
(E.O.) 13132 (Federalism), and E.O. 12988 (Civil Justice Reform); the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the National
Environmental Policy Act (42 U.S.C. 4321 et seq.), and the President's
memorandum of April 29, 1994, ``Government-to-Government Relations with
Native American Tribal Governments'' (59 FR 22951). We also affirm the
determinations made in our March 20, 2007, revised proposed rule and
announcement of the availability of the draft economic analysis (72 FR
13061), regarding E.O. 12866 (Regulatory Planning and Review) and the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.); E.O. 13211 (Energy,
Supply, Distribution, and Use); E.O. 12630 (Takings); and the Unfunded
Mandates Reform Act (2 U.S.C. 1501 et seq.). Please refer to the
proposed rule and draft economic analysis of the proposed critical
habitat designation for detailed discussions of required determinations
and potential economic impacts. The economic analysis prepared for the
original rulemaking included an analysis for Forest Service lands (the
Mark Twain National Forest) in Missouri. The newly proposed additional
unit also occurs on these lands. It is a relatively small unit and
would be subject to the same issues previously analyzed. We will
discuss the economics related to this additional unit in our final
decision document on this action. If we adopt a final rule for this
action, we will confirm our required determinations in that final rule
to designate critical habitat for the Hine's emerald dragonfly.
References
Vogt, T. 2008. Larval Sampling, Monitoring, and Status Survey for
the Hine's Emerald Dragonfly (Somatochlora hineana) in Missouri,
2007-2008. Report to the U.S. Forest Service and U.S. Fish and
Wildlife Service. 10p.
[[Page 18346]]
Authors
The primary authors of this document are Laura Ragan and Kristopher
Lah of the Division of Ecological Services, Midwest Region, U.S. Fish
and Wildlife Service.
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. Critical habitat for the Hine's emerald dragonfly (Somatochlora
hineana) in Sec. 17.95(i), which was first proposed to be added on
July 26, 2006, at 71 FR 42442 and then amended on March 20, 2007, at 72
FR 13061, is proposed to be further amended as follows:
a. By redesignating paragraphs (i)(24) through (i)(30) as
paragraphs (i)(25) through (i)(31); and
b. Adding a new paragraph (i)(24) to read as set forth below:
Sec. 17.95 Critical habitat--fish and wildlife.
* * * * *
(i) Insects.
* * * * *
Hine's emerald dragonfly (Somatochlora hineana)
* * * * *
(24) Missouri Unit 27, Washington County, Missouri.
(i) Missouri Unit 27: Washington County. Located on the Courtois
quadrangle in Township 36 north, Range 2 west, section 14, northeast
\1/4\, southwest \1/4\, northwest \1/4\.
(ii) Note: Map of Missouri proposed critical habitat Unit 27
follows:
BILLING CODE 4310-55-P
[[Page 18347]]
[GRAPHIC] [TIFF OMITTED] TP22AP09.000
* * * * *
Dated: April 15, 2009.
Will Shafroth,
Acting Assistant Secretary, Department of the Interior.
[FR Doc. E9-9164 Filed 4-21-09; 8:45 am]
BILLING CODE 4310-55-C