[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Proposed Rules]
[Pages 61081-61112]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23165]
[[Page 61081]]
Vol. 78
Wednesday,
No. 191
October 2, 2013
Part IV
Department of the Interior
-----------------------------------------------------------------------
Fish and Wildlife Service
-----------------------------------------------------------------------
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Withdrawal of the
Proposed Rule To List Coral Pink Sand Dunes Tiger Beetle and Designate
Critical Habitat; Proposed Rule
Federal Register / Vol. 78 , No. 191 / Wednesday, October 2, 2013 /
Proposed Rules
[[Page 61082]]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R6-ES-2012-0053; Docket No. FWS-R6-ES-2013-0020;
4500030113]
RIN 1018-AY11; AZ39
Endangered and Threatened Wildlife and Plants; Withdrawal of the
Proposed Rule To List Coral Pink Sand Dunes Tiger Beetle and Designate
Critical Habitat
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; withdrawal.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), withdraw the
proposed rule to list the Coral Pink Sand Dunes tiger beetle, Cicindela
albissima, as a threatened species under the Endangered Species Act of
1973, as amended (Act), and designate critical habitat for the species.
This withdrawal is based on our conclusion that the threats to the
species as identified in the proposed rule no longer are as significant
as believed at the time of the proposed rule. We base this conclusion
on our analysis of current and future threats and conservation efforts.
We find the best scientific and commercial data available indicate that
the threats to the species and its habitat have been reduced below the
statutory definition of threatened or endangered. Therefore, we are
withdrawing our proposal to list the species as threatened with
critical habitat.
DATES: The Fish and Wildlife Service is withdrawing the proposed rule
published October 2, 2012 (77 FR 60208) as of October 2, 2013.
ADDRESSES: The withdrawal of our proposed rule, comments, and
supplementary documents are available on the Internet at http://www.regulations.gov at Docket Nos. FWS-R6-ES-2012-0053 and FWS-R6-ES-
2013-0020. Comments and materials received, as well as supporting
documentation used in the preparation of this withdrawal, are also
available for public inspection, by appointment, during normal business
hours at: U.S. Fish and Wildlife Service, Utah Ecological Services
Field Office, 2369 West Orton Circle, Suite 50, West Valley City, Utah
84119; telephone 801-975-3330; or facsimile 801-975-3331.
FOR FURTHER INFORMATION CONTACT: Larry Crist, Field Supervisor, Utah
Ecological Services Field Office (see ADDRESSES section). If you use a
telecommunications device for the deaf (TDD), call the Federal
Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish this document. Under the Endangered Species
Act, a species may warrant protection through listing if it is
endangered or threatened throughout all or a significant portion of its
range. Listing a species as an endangered or threatened species can
only be completed by issuing a rule. Accordingly, we had issued a
proposed rule to list this species. However, this document withdraws
that proposed rule because we have determined that threats have been
reduced such that listing is not necessary for this species.
The basis for our action. Under the Endangered Species Act, we can
determine that a species is an endangered or threatened species based
on any of five factors: (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. We have determined that threats have
been reduced such that listing is not necessary for this species.
Peer review and public comment. We sought comments from independent
specialists to ensure that our proposed listing designation is based on
scientifically sound data, assumptions, and analyses. We invited these
peer reviewers to comment on our listing proposal. We also considered
all comments and information received during the comment periods.
Background
Previous Federal Actions
Please refer to the proposed listing rule for the Coral Pink Sand
Dunes (CPSD) tiger beetle (77 FR 60208, October 2, 2012) for a detailed
description of the previous Federal actions concerning this species.
In 1997, the Service, Bureau of Land Management (BLM), Utah
Department of Natural Resource's Division of State Parks and Recreation
(Utah State Parks), and Kane County signed a Candidate Conservation
Agreement (CCA) and formed a conservation committee with the dual goals
of protecting CPSD tiger beetle habitat and balancing the needs of this
rare species with off-road vehicle (ORV) use in the area (Conservation
Committee 1997, pp. 4-5). These agencies renewed the CCA in 2009
(Conservation Committee 2009, entire). Coordination under the CCA
resulted in the establishment of two Conservation Areas that protected
the CPSD tiger beetle from ORV use--Conservation Areas A and B (see
Habitat and Factor A for more information on the Conservation Areas).
In our 2010 Candidate Notice of Review, we identified the CPSD
tiger beetle as a species for which listing as an endangered or
threatened species was warranted (with a listing priority number of 2)
but precluded by our work on higher priority listing actions (75 FR
69222, November 10, 2010). In the 2011 Candidate Notice of Review, we
announced that we were not updating our assessment for this species,
because we received funding to develop a proposed listing rule (76 FR
66370, October 26, 2011).
On October 2, 2012, we proposed to list the CPSD tiger beetle as a
threatened species with designated critical habitat under the Act (77
FR 60208). Publication of the proposed rule opened a 60-day comment
period that closed on December 3, 2012. Following publication of our
proposed rule, the conservation committee reconvened to evaluate
current species' survey and distribution information and reassess the
conservation commitments in the 2009 CCA. Based on this evaluation, the
conservation committee agreed to expand Conservation Area A, which is
already subject to management under a CCA, and provide protected
habitat islands for the species in the intervening dunes between
Conservation Areas A and B as they are defined in the CCA. The 2009
Conservation Agreement was amended accordingly in 2013 (2013 CCA
Amendment) (see Factor A. The Present or Threatened Destruction,
Modification, or Curtailment of Its Habitat or Range).
On May 6, 2013 (78 FR 26308), we announced the reopening of the
public comment period on our October 2, 2012, proposed listing decision
and proposed designation of critical habitat for the species. At this
time we also announced the availability of a draft economic analysis
(DEA), a draft environmental assessment (EA), the 2013 Amendment to the
2009 Conservation Agreement and Strategy for the Coral Pink Sand Dunes
tiger beetle (2013 CCA Amendment), and an amended required
determinations section of the proposal (78 FR 26308). We also announced
the availability of 2012 CPSD tiger beetle survey results that were not
available when the proposed rule was being written and the plans to
hold a public information meeting and public hearing
[[Page 61083]]
on May 22, 2013, in Kanab, Utah (78 FR 26308).
Taxonomy and Species Description
The CPSD tiger beetle is a member of the family Cicindelidae and
genus Cicindela. There are 109 species of tiger beetles in the genus
Cicindela in the United States and Canada (Pearson et al. 2006, p. 4).
The CPSD tiger beetle occurs only at the CPSD geologic feature in
southern Utah and is separated from its closest related subspecies, the
Great Sand Dunes tiger beetle (C. theatina), by over 600 kilometers
(km) (378 miles (mi)) (Rumpp 1961, p. 182). It shares the typical
characteristics of other members of the maritima group (a group of
closely related species of sand dune tiger beetles) and is most similar
in morphology to other subspecies of Cicindela limbata (no common
name). It was originally described as C. limbata albissima (Rumpp 1961,
p. 181). However, more recent genetic analysis revealed that the CPSD
tiger beetle is different from all other members in the maritima group;
consequently, we now consider it a distinct species, Cicindela
albissima (Morgan et al. 2000, p. 1111). This is the accepted taxonomic
classification (Pearson et al. 2006, p. 77).
CPSD tiger beetle adults are 11 to 15 millimeters (mm) (0.4 to 0.6
inches (in)) in size and have striking coloration. The large wing cases
(known as elytra) are predominantly white except for a thin reddish
band that runs down the length of the center. Much of the body and legs
are covered in white hairs. The upper thorax (middle region) has a
metallic sheen, and the eyes are particularly large (Pearson et al.
2006, p. 77).
Habitat
Tiger beetles can occur in many different habitats, including
riparian habitats, beaches, dunes, woodlands, grasslands, and other
open areas (Pearson et al. 2006, p. 177). Most tiger beetle species are
habitat-specific and consequently are useful as indicators of habitat
quality (Knisley and Hill 1992, p. 140). The CPSD tiger beetle, like
its close relatives the Great Sand Dunes tiger beetle (Cicindela
theatina) from the Great Sand Dunes of Colorado, C. l. limbata from the
western Great Plains, and the St. Anthony Dunes tiger beetle (C.
arenicola) from the St. Anthony Dunes of Idaho, is restricted to sand
dune habitat.
The species' current range extends along the CPSD geologic feature.
The CPSD is a geologic feature named for the deep pink color of its
sand dunes (Ford et al. 2010, p. 380). The CPSD are located 5 km (3.1
mi) north of the Utah-Arizona state line and 13 km (8 mi) west of
Kanab, Utah (see Figure 1 below in Population Distribution). The CPSD
are about 13 km (8 mi) long, averaging 1.1 km (0.7 mi) in width, and
1,416 ha (3,500 ac) in surface area.
The CPSD consist of a series of high, mostly barren, dry dune
ridges separated by lower, moister, and more vegetated interdunal
swales (low places between sand dune crests) (Romey and Knisley 2002,
p. 170). Wind action, primarily blowing from south to north, created
and continues to shape the CPSD, using sand from nearby eroding Navajo
sandstone (Doelling and Davis 1989, p. 3). Wind velocity decreases as
it moves across the sand dunes (from south to north), resulting in a
dynamic and less vegetated southern CPSD area that transitions to a
less dynamic, more heavily vegetated, higher elevation northern CPSD
area (Ford et al. 2010, pp. 387-392).
The CPSD are in a semiarid climatic zone (Ford et al. 2010, p.
381). The nearest weather station, in Kanab, has a mean annual
temperature of 12.4 [deg]Celsius ([deg]C) (54.4[deg]Fahrenheit
([deg]F)) and mean annual precipitation of 33.8 centimeters (cm) (13.3
in) (Ford et al. 2010, p. 381). The northern 607 ha (1,500 ac) of CPSD
is Federal land managed by the BLM. The southern 809 ha (2,000 ac) of
the CPSD is within Utah's CPSD State Park.
Adult CPSD tiger beetles use most of the dune areas from the swales
to the upper dune slopes. Larval CPSD tiger beetles are more restricted
to vegetated swale areas (Knisley and Hill 2001, p. 386), where the
vegetation supports the larval prey base of flies, ants, and other prey
(Conservation Committee 2009, p. 14). Larval CPSD tiger beetle habitat
is typically dominated by the leguminous plants Sophora stenophylla
(silvery sophora) and Psoralidium lanceolatum (dune scurfpea), and
several grasses, including Sporobolus cryptandrus (sand dropseed) and
Achnatherum hymenoides (Indian ricegrass). Larvae also are closely
associated with a federally threatened plant species, Asclepius welshii
(Welsh's milkvetch) (Knisley and Hill 2001, p. 385), for which the
entire CPSD area is designated critical habitat (52 FR 41435, October
28, 1987).
We do not have comprehensive analysis or occupancy modeling that
predicts the habitat preferences of the CPSD tiger beetle. However, a
preliminary habitat assessment indicated that the beetle exists where
there is abundant prey and larvae, large swale areas capable of
supporting the appropriate vegetation, swale sediment characteristics
appropriate for vegetation and larval burrows, dune migration
characteristics that permit vegetation to develop and persist within
dune swales, proper sediment supply, and a proper wind regime (Fenster
et al. 2012, pp. 2-4).
Rainfall and associated soil moisture is a critical factor for CPSD
tiger beetles (Knisley and Juliano 1988, entire) and is likely the most
important natural environmental factor affecting population dynamics of
the species. Rainfall and the associated increase in soil moisture have
a positive effect on CPSD tiger beetle oviposition (egg depositing) and
survivorship (Knisley and Hill 2001, p. 391). The areas in the dune
field with the highest level of soil moisture and where soil moisture
is closer to the surface contain the highest densities of CPSD tiger
beetle larvae (Knisley and Gowan 2011, p. 22), indicating that both
proximity to moisture and overall soil moisture are important to the
CPSD tiger beetle's life cycle. Experimental supplemental watering has
resulted in significantly more adults and larvae, more oviposition
events, increased larval survival, and faster larval development
compared to unwatered control plots (Knisley and Gowan 2011, pp. 18-
22).
Population Distribution
The CPSD tiger beetle occurs sporadically throughout the CPSD
geologic feature, but only consistently exists in two populations--
central and northern--which are separated by 4.8 km (3 mi) (Figure 1;
Knisley 2012, pers. comm.). The total range of the species is
approximately 202 ha (500 ac) in size (Morgan et al. 2000, p. 1109).
The central population is the largest and is self-sustaining, but
at relatively moderate numbers (see Population Size and Dynamics,
below). The northern population comprises a small number of adults and
larvae (Knisley 2001, p. 9), which are typically found in only a few
individual swales (Knisley and Gowan 2013, pp. 8-11). In the proposed
rule, we stated that the northern population likely persists because of
adults dispersing from the central population (Knisley and Gowan 2011,
p. 9). However, we received information from a peer reviewer indicating
it may sustain itself at low numbers via natural reproduction, and thus
not be reliant on dispersers from the central population (see Peer
Review; Knisley 2013, pers. comm.). At this time, we do not have enough
information to determine which scenario is correct or if it is a
combination of the two. Regardless, we do not consider the northern
population to be self-sustaining because only a small number of adults
and larvae have
[[Page 61084]]
been found at this location since 1998, and insect populations
typically need to have larger populations to be considered self-
sustaining (Thomas 1990, p. 325; see Small Population Effects under
Factor E.). Therefore, we conclude that the area between the central
and northern populations can provide a corridor for dispersal (Knisley
2013, pers. comm.), and has the potential to provide habitat for
colonization by CPSD tiger beetles (see Climate Change and Drought
under Factor E.).
Low densities of adult CPSD tiger beetles occur in the dune area
between the central and northern populations (Figure 1; Hill and
Knisley 1993, p. 9; Knisley 2012, pers. comm.), and suitable swale
habitat likely exists in this area. This area has not been extensively
surveyed on a regular basis, and observations of the species in this
area are from opportunistic and inconsistent surveys. No CPSD tiger
beetles were observed in this area during 2012 surveys. Regardless, the
4.8-km (3-mi) long area of dune between the two populations provides
habitat for the species and may provide a dispersal corridor between
populations (see Adult Dispersal below; Knisley and Gowan 2011, p. 9).
BILLING CODE 4310-55-P
[[Page 61085]]
[GRAPHIC] [TIFF OMITTED] TP02OC13.000
BILLING CODE 4310-55-C
As previously mentioned (see Previous Federal Actions), an
interagency CCA (as amended in 2013) established Conservation Areas A
and B and intervening habitat islands between the two conservation
areas to protect the CPSD tiger beetles from ORV use (see Factor A, The
Present or Threatened Destruction, Modification, or Curtailment of its
Habitat or Range for more information). These Conservation Areas
generally overlap the central and northern populations of CPSD tiger
beetles (see Figure 1).
Life History
Similar to other tiger beetles, the CPSD tiger beetle goes through
several developmental stages. These include an
[[Page 61086]]
egg, three larval stages (known as ``instars,'' with each instar
separated by molting), pupa, and adult (Knisley and Shultz 1997, p.
13).
CPSD tiger beetle oviposition occurs in a manner typical of most
tiger beetles, which can include several different methods. For one
method, the female is positioned vertically and digs a small hole with
the ovipositor at the end of her body and places an egg in the small
hole, typically about 6.35 mm (0.25 in) deep. Eggs can also be laid by
the female within the burrows that tiger beetles typically dig during
the hot part of the day and at night. These burrows are about 25.4-50.8
mm (1-2 in) deep and 50.8 mm (2 in) long. This method puts the eggs
deeper in the soil than the first egg-laying method and can more easily
deposit eggs in moist soil (Knisley 2013, pers. comm.).
Moist soil appears necessary for egg laying; however, we have no
specific information on CPSD tiger beetle egg survival or how various
factors might affect eggs since the eggs are almost impossible to find
(about 1 mm (0.04 in) long and inconspicuous in the sand) even when a
female is observed laying them (Knisley 2013, pers. comm.). For these
reasons, we do not know how many eggs are laid by tiger beetles in
their natural environment or the environmental conditions that affect
eggs in the field (Knisley 2013, pers. comm.). In the lab, various
species of beetles lay from 20 to 300 eggs and CPSD tiger beetles lay
30-50 eggs per female over several weeks (Knisley 2013, pers. comm.).
Most or all eggs are viable and will hatch under suitable conditions,
particularly moist soil. Many eggs will hatch only after sufficient
rains, since, as with many insects, the egg coat needs to absorb
moisture to hatch (Knisley 2013, pers. comm.)
First instar larvae appear in late spring after hatching from eggs
that were oviposited in sand the previous late summer or fall (Knisley
and Hill 1997, p. 2). The first instar larvae dig small vertical
burrows from the sand surface down 6 to 9 cm (2.4 to 3.5 in) into the
sand substrate (Conservation Committee 2009, p. 14). After several
weeks of feeding at the surface, the first instar larva plugs its
burrow opening, sheds its skin (molts), and becomes a larger second
instar larva (Conservation Committee 1997, p. 2). The second instar
stage lasts several months (again emerging from its burrow and feeding
at the surface for a brief period) before developing into a third
instar, with most reaching this stage by mid- to late summer
(Conservation Committee 1997, p. 2). Larvae continue as second or third
instars into fall, and then hibernate in burrows during the winter
(Conservation Committee 1997, p. 3). The third instar stage can take 9
months to over a year to reach full development (Conservation Committee
1997, p. 3). After the third instar is fully developed, the CPSD tiger
beetle plugs its burrow opening and transforms into a pupa (Pearson and
Vogler 2001, p. 34). During the pupal period (stage between third
instar and adult emergence), the beetle undergoes a metamorphosis where
many of the adult physical structures develop (i.e., wings and flight
muscles) (Pearson and Vogler 2001, p. 34). Adults emerge soon after
this metamorphosis. The CPSD tiger beetle completes its entire life
cycle from egg to adult reproduction to death within 2 or 3 years
(Knisley and Hill 1997, p. 3).
Adult Behavior and Ecology
Adults are active on sunny days along the dunes and swale edges.
The majority of recently metamorphosed adult CPSD tiger beetles emerge
from their burrows in late March to early April, reach peak abundance
by May, begin declining in June, and die by August (Knisley and Hill
2001, p. 387). A small proportion of a second adult cohort emerges in
early September and remains active into October before digging
overwintering burrows (Knisley and Hill 2001, pp. 387-388).
Adult tiger beetles are active predators, attacking and eating prey
with their large and powerful mandibles (mouthparts). They can run or
fly rapidly over the sand surface to capture or scavenge for prey
arthropods. Adults feed primarily on ants, flies, and other small
arthropods (Hill and Knisley 1993, p. 13).
CPSD tiger beetle behavior and distribution, like other tiger
beetles, is largely determined by their thermoregulation needs. Adult
tiger beetles dedicate up to 56 percent of their daily activity towards
behavior that controls their internal body temperature (Pearson and
Vogler 2001, p. 135). These behaviors include basking (positioning the
body to maximize exposure to solar radiation); seeking out wet, cool
substrate or shade; and burrowing (Pearson and Vogler 2001, p. 136).
Tiger beetles require a high body temperature for maximal predatory
activity, and at low body temperatures they become sluggish (Pearson
and Vogler 2001, p. 131). Thus, the numbers of adult CPSD tiger beetles
observed on rainy or cool, cloudy days are very low (Knisley and Hill
2001, p. 388). Tiger beetles maintain body temperatures near their
lethal limits of 47 to 49 [deg]C (116 to 120 [deg]F) (Pearson and
Vogler 2001, p. 131), so heat refuge is important (Shutlz and Hadley
1987, p. 363). During peak spring and fall activity, when it is sunny,
adult CPSD tiger beetles are usually active early (9 a.m.-2 p.m.) and
again in late afternoon (4 p.m.-7 p.m.) (Hill and Knisley 1993, pp. 13-
14). They dig and reside in burrows to avoid unfavorable weather
conditions such as hot mid-afternoons or cool or rainy daytime
conditions (Hill and Knisley 1993, p. 14). Shade provided by vegetative
cover is important for CPSD tiger beetle thermoregulation during warm
periods (Knisley 2012, pers. comm.).
Adult Dispersal
Dispersal is the movement of individuals from one habitat area to
another. The ability to disperse is often important to tiger beetle
species because many species inhabit areas such as sand dunes or
riverbanks that are prone to disturbance and physical change (Pearson
and Vogler 2001, pp. 130-142; see Factor E (Sand Dune Movement)). In
the proposed rule we stated that we did not have information on the
dispersal habits of the CPSD tiger beetle, so we evaluated information
for surrogate species that occupy unstable habitats similar to the CPSD
geologic formation. Peer review comments on our proposed rule (see Peer
Review) indicate that limited dispersal information exists for the
species. Available information shows CPSD tiger beetle adults commonly
move up to 800 m (2,625 ft) within the dune field over a period of 1 or
2 weeks (Knisley and Gowan, 2004; entire; Knisley 2013, pers. comm.),
but we do not know the mechanisms by which this dispersal affects
population persistence. Information on the dispersal habits of other
species is provided below for comparative purposes.
The Maricopa tiger beetle, Cicindela oregona maricopa, is an
example of a species that uses dispersal mechanisms to persist in an
unstable environment. The Maricopa tiger beetle inhabits moist sandy
habitat on the banks of small streams and creeks (Pearson and Vogler
2001, p. 141). Flash flooding periodically scours away this sandy
habitat and most of the existing population (Pearson and Vogler 2001,
p. 141). These floods redistribute the scoured sand elsewhere, and
surviving adult tiger beetles quickly disperse and colonize the newly
available habitat (Pearson and Vogler 2001, p. 141). Similarly for the
CPSD tiger beetle, the CPSD geologic formation is continually changing
as winds redistribute the sands, creating and destroying swale habitat
and dispersal habitat within and
[[Page 61087]]
between Conservation Areas A and B (see Factor E Sand Dune Movement
below).
Often, tiger beetle populations depend upon dispersal among
separated populations for the survival of individual populations and
the species (Knisley et al. 2005, p. 557). The extirpation of at least
one population of the Northeastern Beach tiger beetle, Cicindela
dorsalis dorsalis, (federally listed as a threatened species) is
partially attributed to the lack of nearby populations and associated
dispersal habitats (Knisley et al. 2005, p. 557). Similarly, in the
CPSD geologic feature, the northern population of the CPSD tiger beetle
may persist because of dispersal from the central population, across
the CPSD (Knisley and Gowan 2011, p. 9), although as we learned in the
peer review of our proposed rule this dependency is uncertain (see
Population Distribution; Peer Review). In like fashion, the resilience
of the central population would be greatly increased if the northern
population became self-sustaining with a higher population number, and
thus could more easily and frequently contribute to the central
population by dispersing across the CPSD.
Larval Behavior and Ecology
Larval CPSD tiger beetles are ambush predators that wait at the
mouth of their burrow to capture small arthropod prey when it passes
nearby. The daily period of activity is highly variable and influenced
by temperature, moisture levels, and season (Knisley and Hill 2001, p.
388; Knisley and Gowan 2008, p. 20). Larvae can be active much of the
day during cool or cloudy spring and fall days, except during high wind
periods (Conservation Committee 2009, p. 14). Maximal activity occurs
in early mornings before the soil becomes dry and warm from the sun and
again in late afternoon and evening after the soil has cooled
(Conservation Committee 2009, p. 14).
Adult females determine the larval microhabitat by their selection
of an oviposition site (Knisley and Gowan 2011, p. 6). Recently hatched
larvae construct burrows in the sand at the site of oviposition and
subsequently pass through three larval stages before pupating and
emerging to the adult form (Conservation Committee 2009, p. 14). Most
larvae occur within the swale bottoms and up the lower slopes of the
dunes, particularly where the soil or subsoil is moist most of the time
(Knisley and Hill 1996, p. 11; Knisley and Gowan 2011, p. 22). The
swale vegetation supports the larval prey base of ants, flies, and
other prey (Conservation Committee 2009, p. 14). Larvae most often
remain in the same burrow throughout their development and only rarely
move outside of their burrow to dig a new burrow in a more favorable
location (Knisley and Hill 1996, p. 11).
Population Size and Dynamics
Substantial year-to-year population variation is typical of many
desert arthropods that are greatly affected by climatic factors such as
rainfall (Knisley and Hill 2001, p. 391). Adult abundance in any year
is a result of many interacting factors that affect recruitment of the
cohort oviposited 2 or 3 years previous (because of a 2- or 3-year life
cycle), and also the survivorship of the developmental stages of that
year's cohort (Knisley 2001, p. 10).
The central and northern populations were monitored for the last 21
and 15 years (respectively) to yield a yearly adult CPSD tiger beetle
population size estimate. In our proposed rule, we presented an adult
population size estimate based solely on data collected from the
central population from 1992 to 1997, and after 1997 the adult
population size estimate was based on both populations. Information
reported to us in the peer review process (see Peer Review) revealed
that it was not appropriate to report population estimates from both of
these periods on the same graph due to changes in population sampling
methods (Knisley and Gowan 2013, pp. 7-9). Furthermore, the currently
used (1998-2013) removal method for population estimates is very
reliable while the previously used (1992-1997) mark-recapture method
significantly overestimated abundance, often 2-3 fold. Consequently,
since the estimates made in 1992 to 1997 are overestimates, comparisons
of population size before and after 1998 are not valid (Knisley and
Gowan 2013, pp. 7-9). In this document, we focus on population
estimates from 1998 forward because of these reasons, and because this
time period encompasses the lowest and highest population estimates
recorded.
Population numbers fluctuated greatly over the 1998 to 2013
timeframe, ranging from a high of 2,944 in 2002 to a low of 558 in 2005
(Figure 2). The total adult population size estimate in 2013 was 2,494
(Knisley 2013, pers. comm.). Population monitoring results indicate a
low, yet stable to increasing, population size since 2003 that
contrasts with highly variable population estimates in previous periods
(Knisley and Gowan 2011, pp. 7-8; Knisley and Gowan 2013, p. 8; Knisley
2013, pers. comm.).
[[Page 61088]]
[GRAPHIC] [TIFF OMITTED] TP02OC13.001
Population Viability Analysis
The CPSD tiger population viability analysis (PVA) in the proposed
rule demonstrated that reductions in growth rate and carrying capacity
(albeit a moderate effect on PVA compared to growth rate) increase the
probability of extinction for this species (77 FR 60208, October 2,
2012). Since publication of the proposed rule, we have further
investigated the appropriateness of using PVA models to inform the CPSD
tiger beetle listing decision and rulemaking process. We have
determined that PVA analysis should not be used as an absolute
prediction of the likelihood of species extinction due to the intrinsic
limitations of any model that uses incomplete information to predict
future events (Reed et al. 2002, pp. 14-15). Instead, PVA analysis is
more useful to direct conservation actions or decide among a suite of
alternative management strategies (Schultz and Hammond 2003, p. 1376;
Beissinger et al. 2006, p. 13). Thus, we do not further discuss PVA
analysis of CPSD tiger beetle populations, and alternatively will use
the modeling tool in the future to direct species management options.
Summary of Comments and Recommendations
In the proposed rule published on October 2, 2012 (77 FR 60208), we
requested that all interested parties submit written comments on the
proposal by December 3, 2012. We also contacted appropriate Federal and
State agencies, scientific experts and organizations, and other
interested parties and invited them to comment on the proposal. A
newspaper notice inviting general public comment and advertisement of
the information meeting and public hearing was published in the
Southern Utah News. We received requests for a public hearing, which
was held in Kanab, Utah, on May 22, 2013. We reopened the comment
period on May 6, 2013 (78 FR 26308), to accept comments on several
rule-related documents (see Previous Federal Actions) and for comments
received during the public hearing. The final comment period closed
June 5, 2013.
During the two comment periods for the proposed rule, we received
more than 1,000 comment letters directly addressing the proposed
listing of the CPSD tiger beetle with designated critical habitat.
Submitted comments were both for and against listing the species with
designated critical habitat. During the May 22, 2013, public hearing,
fewer than 10 individuals or organizations commented on the proposed
rule, all of which were opposed to the proposal. All substantive
information provided during the comment periods has either been
incorporated directly into this withdrawal or addressed below.
Peer Review
In accordance with our peer review policy published on July 1, 1994
(59 FR 34270), we solicited expert opinion from three appropriate and
independent specialists with scientific expertise that included
familiarity with tiger beetles and their habitat, biological needs, and
threats. We received responses from two of the peer reviewers.
We reviewed all comments received from the peer reviewers for
substantive
[[Page 61089]]
issues and new information regarding the listing of the CPSD tiger
beetle. Peer reviewer comments are addressed in the following summary
and incorporated into this withdrawal document as appropriate.
Peer Review Comments
(1) Comment: One peer reviewer said that questions exist about how
the northern population fluctuates or is sustained. The peer reviewer
stated that dispersal from the central population as the factor that
sustains the northern population; however, this theory is uncertain and
there is no solid evidence for it except that adults disperse when the
central population numbers are high. The peer reviewer stated that at
these times, more adults are observed in peripheral areas. The peer
reviewer put forth an alternative explanation that the fairly
consistent numbers of larvae (although highly variable) produce and
sustain the presence of small numbers of adults seen there, and thus
the northern population could exist independent of dispersal. The peer
reviewer noted that regardless of which theory is correct, the area
between these two populations can provide a corridor for dispersal. The
peer reviewer further stated that monitoring information shows CPSD
tiger beetles can disperse as far as 800 m (2,625 ft) within a week or
less and that no information is available to indicate how important the
area between A and B is for dispersal, so it is uncertain if and how
many adults might be killed by ORV activity in these areas.
Our Response: Although the northern population is not self-
sustaining, it provides an important component to the conservation of
CPSD tiger beetle. At this time, we do not have enough information to
determine whether the northern population maintains itself at a low
level via natural reproduction and recruitment, or is sustained by
dispersing CPSD tiger beetles from the central population (see
Population Distribution under Background). Regardless, the habitat
between Conservation Areas A and B provides important habitat for the
species for dispersal and potential colonization and will be important
to offset the effects of climate change. A dispersal corridor is,
therefore, being permanently protected in this area by 14 habitat
polygons,that were established through the 2013 CCA Amendment (see
Ongoing and Future Conservation Efforts).
(2) Comment: One peer reviewer asked why the Service needed to
designate critical habitat for the CPSD tiger beetle when critical
habitat is already designated for Welsh's milkweed.
Our Response: Critical habitat designation is established for
individual species based on the habitat necessary for the species'
sustained survival, including primary constituent elements particular
to an individual species. However, this document withdraws the proposed
listing for the CPSD tiger beetle; therefore, no critical habitat is
being designated.
(3) Comment: One peer reviewer indicated that fairly extensive CPSD
tiger beetle surveys were conducted in 2012 for the area between the
central and northern populations, but no adults were found.
Our Response: Published information regarding this sampling was not
available prior to the time that the proposed rule was finalized for
publication. We incorporated the 2012 survey information into this
final determination.
(4) Comment: One peer reviewer questioned whether the northern
occurrence of CPSD tiger beetle should be referred to as a population.
Our Response: We believe that this occurrence of the species is
properly described in the proposed rule as it is a localized grouping
of the species that has been observed separately from the central
population for over the last 15 years. However, we do not consider the
northern population to be self-sustaining because only a small number
of adults and larvae have been found at this location since 1998, and
insect populations typically need to have larger populations to be
considered self-sustaining (see Small Population Effects under Factor
E.).
(5) Comment: One peer reviewer provided information that CPSD tiger
beetles are present in smaller numbers south and east of Conservation
Area A. The reviewer noted the proposed rule incorrectly indicated that
CPSD tiger beetles are absent from the south-central and southeastern
portions of Conservation Area A and the general area south of
Conservation Area A.
Our Response: CPSD tiger beetle distribution was considered in the
2013 CCA Amendment and updated for this determination and withdrawal of
the proposed rule.
(6) Comment: One peer reviewer stated that the information in the
proposed rule regarding surveys in northern swales is not fully
accurate; regular surveys were completed in the northern area swales,
and adults or larvae were found each year for the past 5-7 years
including 2012. The peer reviewer noted that in the 1990s, extensive
surveys over the whole northern area confirmed absence of adults in
most of the swales; thus, more recent surveys targeted those few swales
that supported adults or larvae. The peer reviewer stated that enough
surveys have been completed in Conservation Area B to confirm the
absence of CPSD tiger beetles and habitat in all but a small part of
the area, and that area is marginal habitat.
Our Response: CPSD tiger beetle distribution information was
updated based on this information (see Population Distribution under
Background). Although the quality of the habitat in Conservation Area B
may not currently allow for large populations of CPSD tiger beetles to
develop, the presence of the species in low numbers indicates that this
area is important to conservation of the species.
(7) Comment: One peer reviewer recommended updating the information
in the proposed rule regarding collection of CPSD tiger beetles by
amateur beetle collectors. The reviewer is familiar with general
amateur collector behavior in the United States and stated the
following regarding the effects of this activity on CPSD tiger beetles:
(1) Amateur collectors have taken adult CPSD tiger beetles in recent
years; (2) there are many tiger beetle collectors out there, possibly a
hundred or more and perhaps increasing; (3) most want to collect all of
the U.S. species, and it is virtually impossible for State park
personnel to prevent this; however, it is likely that most collectors
will take only a small number of adults with limited effects on the
population.
Our Response: CPSD tiger beetle amateur collecting information was
updated based on this information (see Factor B.).
(8) Comment: One peer reviewer questioned if it was necessary to
protect Conservation Area B given the small numbers of tiger beetles in
this area.
Our Response: Although the proposed rule states that the CPSD tiger
beetle population at Conservation Area B is not self-sustaining, the
species is still present in this area and should continue to receive
the protection provided by Conservation Area B. Continuing to protect
the species in this location results in improved long-term habitat
conditions for the CPSD tiger beetle, resulting in increased species'
resiliency, which makes the species less susceptible to threats such as
climate change and drought, demographic and environmental
stochasticity, and catastrophic events (see Factor E. Climate Change
and Drought and Small Population Effects). Continued protection of
Conservation Area B is discussed in this withdrawal document
[[Page 61090]]
and included as a conservation measure in the 2013 CCA Amendment (see
Background, Ongoing and Future Conservation Efforts, and PECE
Analysis).
(9) Comment: One peer reviewer stated that the area between
Conservation A and B has not been confirmed as a dispersal corridor.
Our Response: The proposed rule stated that this area it is likely
a dispersal corridor. We have updated this information to reflect that
we are uncertain to what level this area acts as a dispersal corridor,
but that based on the life history of similar tiger beetle species,
this area should be protected for CPSD tiger beetle dispersal and
colonization. Further, the establishment and monitoring of the
additional habitat polygons in this area will provide additional
information on the importance and usage of this area by the CPSD tiger
beetle.
(10) Comment: One peer reviewer concluded that the CPSD tiger
beetle must receive significant protection because of its small
population size and very limited geographical range. The peer reviewer
stated that over the past decade, populations have been as low as
several hundred individuals and the core habitat for this population
consists of just a few dune swales located within the CPSD geologic
feature. The peer reviewer noted this core habitat is currently
protected from ORV use, but this does not negate the inherent risk
posed by small population size and limited habitat.
Our Response: The Service agrees that the CPSD tiger beetle should
receive protection in part because of its small population size and
very limited geographical range. Conservation actions have been
developed and implemented as part of the 2013 CCA Amendment to address
the risk posed by ORV use, small population size, and limited habitat.
In addition, as a result of the existing conservation efforts, CPSD
tiger beetle numbers have generally been increasing for the past 8
years.
(11) Comment: One peer reviewer stated that the critical habitat
identified in the proposed rule is correct, with the most critical
habitat currently located in the southern end of the area
(``Conservation Area A'').
Our Response: This document withdraws the proposed listing of the
CPSD tiger beetle. Therefore, critical habitat will not be designated
for this species.
(12) Comment: One peer reviewer and another commenter recommended
that the Service explore opportunities to expand the natural range of
the beetle beyond the CPSD geologic feature.
Our Response: We agree that range expansion should be pursued as a
goal for CPSD tiger beetle conservation, and actions to achieve this
objective are detailed in the 2013 CCA Amendment.
(13) Comment: One peer reviewer concluded that the protected areas
described in the proposed rule (now called ``Conservation Area A'' and
``Conservation Area B'', with Area A being the most important) should
be expanded to provide adequate protection from ORV use. However, this
reviewer also concluded that the beetle would still face extinction due
to naturally small population sizes and limited habitat, and the
additional protection provided by the expanded conservation areas would
not materially improve the species' chances for survival.
Our Response: We agree that expansion of CPSD tiger beetle
protective areas should be pursued as a goal for the species'
conservation, and actions to achieve this objective are included and
being implemented by the 2013 CCA Amendment. However, as discussed in
the proposed rule and this withdrawal document, we do not consider
small population size alone to be a threat. A species that has always
been rare, yet continues to survive, could be well equipped to continue
to exist into the future. Many naturally rare species have persisted
for long periods within small geographic areas, and many naturally rare
species exhibit traits that allow them to persist despite their small
population sizes. Consequently, the fact that a species is rare does
not necessarily indicate that it may be in danger of extinction.
(14) Comment: One peer reviewer recommended that the Service expand
Conservation Area A to include: (1) The two dune ridges to the south
(termed ``the D swales'' in recent reports by Knisley and Gowan); and
(2) swales immediately to the east and north, numbered as follows in
the 2013 CCA Amendment: 6, 7, 8, 12, 15, 16, 19, 20, 21, 22, 23, 25,
and 27. The peer reviewer further stated that these swales should not
be protected as individual ``islands.'' Instead, they should be
included in one expanded, contiguous conservation area (i.e., the
boundary should be established around the entire set of swales).
Our Response: Generally, this recommendation is being adopted as
part of the 2013 CCA Amendment, although not all swales will be
incorporated into Conservation A so that safe travel corridors can be
maintained for ORV users within the CPSD feature. Although the entirety
of the D swales is not incorporated into Conservation Area A, the
conservation committee agreed to protect this swale habitat as isolated
polygons. Swales 6 and 7 will be protected in an isolated polygon as
will swale 8 and 9, and a portion of swale 12 will be protected. The
remainder of the swales and the lands in between them will be
incorporated into Conservation Area A.
(15) Comment: One peer reviewer noted that because the dune field
is dynamic, the boundaries of newly protected habitat will need to be
adjusted over time as specific dunes become either more or less
suitable for tiger beetles. The peer reviewer stated that continued
monitoring of the distribution and abundance of the beetle, with the
potential to expand or reduce the areas off-limits to ORVs, is
necessary, and adaptive management of tiger beetle habitat is key to
reducing extinction risk.
Our Response: We agree with this approach for CPSD tiger beetle
conservation and adaptive management. Actions to achieve this objective
are detailed in the 2013 CCA Amendment (see Ongoing and Future
Conservation Efforts).
(16) Comment: One peer reviewer noted that the description and
analysis of the biology, habitat, population trends, historical and
current distribution of the species, and factors affecting the species
contained in the proposed rule are accurate. The peer reviewer further
stated that the proposed rule cites all the necessary and pertinent
literature to support the subsequent assumptions, arguments, and
conclusions.
Our Response: Comment noted.
State and County Comments
(17) Comment: The Utah Governor's Office does not agree that
listing the species and designating critical habitat is necessary to
ensure the protection of the CPSD tiger beetle. The Utah Governor's
Office stated that instead, conservation of the species should continue
under direction of the 1997 CCA, its reauthorization in 2009, and the
2013 Amendment to this agreement. The Utah Governor's Office provided
examples of the effectiveness of the CCAs, including: establishment of
two conservation areas that prohibit ORV use; annual monitoring;
species life-history research; watering research; genetics studies;
population viability analysis; protection for the species via BLM and
Utah State Parks law enforcement; an educational program; and
development of a translocation protocol. The Utah Governor's Office
[[Page 61091]]
also stated that the collaborative partnership of the CCA has
demonstrated a track record of addressing threats to the CPSD tiger
beetle based on the best available information, and thus listing is not
necessary to ensure the species' continued existence into the future.
Our Response: The Service is signatory to the 1997 CCA and 2009
reauthorization, and we have worked closely with the other signatories
to develop and implement the additional conservation measures in the
2013 CCA Amendment. We agree that the 2009 CCA and the 2013 CCA
Amendment provide significant conservation actions to benefit CPSD
tiger beetle. As part of this rulemaking process, we conducted an
evaluation consistent with our Policy for Evaluation of Conservation
Efforts When Making Listing Decisions (PECE) (68 FR 15100) to evaluate
the 2013 CCA Amendment. PECE analysis was performed on the conservation
actions in the 2013 CCA Amendment to determine if these actions, which
have yet to be implemented or to show effectiveness, will contribute to
making listing CPSD tiger beetle as a threatened or endangered species
unnecessary. The results of that analysis determined that there will be
certainty of implementation (for those measures not already
implemented) and certainty of effectiveness for the conservation
actions specified in the 2013 CCA Amendment. Thus, we have determined
that the measures will be effective at eliminating or reducing threats
to the CPSD tiger beetle and the species no longer meets the definition
of a threatened or endangered species.
(18) Comment: Utah congressional representatives requested that we:
(1) Extend the original comment period for the proposed rule by 90
days; (2) extend the date by which the public can request a hearing on
the proposal until 60 days into the 90-day extension; and (3) make all
the resources cited in the proposed rule readily available on the
Service Web site.
Our Response: The Service is committed to working closely with the
public, governmental agencies, and nongovernmental groups to make
certain that all comments, concerns, and relevant information are
considered in our rulemaking process. However, court-mandated deadlines
and statutory limitations of the Act limit the temporal flexibility we
have to administer this rulemaking process. For example, the Service's
multi-district litigation settlement (In re Endangered Species Act
Section 4 Deadline Litigation, No. 10-377 (EGS), MDL Docket No. 2165
(D.D.C May 10, 2011)) mandates completion of the Coral Pink Sand Dunes
tiger beetle rulemaking within the standard timeline set forth in the
Act. In addition, the time period by which the public can request a
public hearing (45 days following publication of a proposal) is
specified in the Act and cannot be extended. For these reasons, we were
not able to provide a 90-day extension to the original proposed rule
comment period. However, on May 6, 2013, we published in the Federal
Register a notice of availability of the draft economic analysis for
the proposed rule as well as other documents pertinent to the listing.
We also reopened the comment period on the proposed rule for 30 days,
and thus we accepted additional comments on the CPSD tiger beetle
rulemaking. The two comment periods included: (1) October 2, 2012, to
December 3, 2013; and (2) May 6, 2013, to June 5, 2013.
After the publication of the proposed rule in early October 2012,
the Service received an informal request from Kane County Commissioners
for a public hearing. In response to this request, we held an
informational meeting and a public hearing on May 22, 2013, in Kanab,
Utah. Notification of the meeting and the hearing was provided in the
Federal Register and the Southern Utah News newspaper, which covers the
local area.
The Service realized that we cited a significant number of sources
for this rulemaking, and we wanted to ensure that those who wished to
meaningfully comment had access to this information. Thus, during the
first comment period (October 2012) the Service made available on the
Federal eRulemaking Portal all information sources cited in the
proposed rule. These documents can be found at: http://www.regulations.gov with a search for Docket No. FWS-R6-ES-2012-0053.
(19) Comment: One commenter cites Knisley (2011, entire) as
concluding that there is a lack of scientific evidence of the impacts
of human-caused disturbances on CPSD tiger beetles, and available
information is largely anecdotal and observational. In addition, the
commenter indicated that the proposed rule acknowledges that the last 9
years of population data suggests that the threat of ORV use will not
cause imminent extinction of the CPSD tiger beetle. The commenter was
concerned that the listing of the CPSD tiger beetle could result in the
closure or restriction of over 70 percent of the dunes to ORVs.
Our Response: Although Knisley (2011, entire) stated that there is
relatively little literature or studies on the effects of anthropogenic
disturbances on tiger beetles, he also reasoned that the sum of this
information is especially important for assessing habitat disturbance.
Overall, we used the best scientific and commercial information
available for the purpose of making a listing determination for the
CPSD tiger beetle, and we concluded that the species does not require
listing as a threatened or endangered species under the Act.
(20) Comment: One commenter concluded that our determination to
protect the dune area between Conservation Areas A and B is based on
speculative, anecdotal, and opportunistic information. The commenter
stated that, by the scientists' own admission, little study of the
areas outside the two conservation areas has been done in the past 20
years. However, the commenter notes that the Service supposes that
beetles might be killed by ORVs operating between the two conservation
areas, thus ORVs cause impacts to population dispersal. The commenter
questioned the evidence to support the existence of a dispersal
corridor between Conservation Areas A and B. The commenter indicated
that furthermore, the Service previously stated in their Candidate
Notice of Review (CNOR) for the species that, ``The majority of traffic
is concentrated in the play areas, and ORV use in these areas has no
direct impact on the tiger beetle. The play areas have never been
observed to support beetles, and likely did not have suitable habitat
prior to ORV use due to vegetative succession, high winds and dune
movement. Therefore, ORV use is likely only directly impacting the
areas immediately surrounding the Conservation Areas.''
Our Response: As stated in our response to Comment (1), additional
information has been included in this determination and withdrawal
document (see Background) stating that it is unclear if the
Conservation Area B population is being maintained via dispersal from
Conservation Area A. Regardless of whether the northern population
maintains itself via natural reproduction and recruitment, by
dispersing CPSD tiger beetles from the central population, or by some
combination of the two, the dispersal corridor provides important
habitat for the species for dispersal and potential colonization and
will be important to offset the effects of climate change. The
dispersal corridor area between Conservation Area A and B is,
therefore, being permanently protected by 14 new habitat polygons that
will be established as part of the 2013 CCA Amendment. Both this
withdrawal document and the 2013 CCA Amendment incorporate new
[[Page 61092]]
information that became available after the publication of the CNOR in
2011.
(21) Comment: State lawmakers are concerned that in the past
researchers have been studying the CPSD tiger beetle without any input
from the land managers with regard to the information they need in
order to make sound management decisions. The commenters noted that
working collectively, the Service, BLM, Utah State Parks, and Kane
County can implement strategies and management objectives to improve
the CPSD tiger beetle population. The commenters recommended that the
Service withdraw the proposal to list the CPSD tiger beetle and
continue using the existing CCA as an adaptive management strategy to
improve CPSD tiger beetle populations.
Our Response: Management, research, and education efforts for the
CPSD tiger beetle have been coordinated with land managers. For more
than 15 years, CPSD tiger beetle management, research, and education
efforts have been funded by BLM and executed in coordination with BLM
and Utah State Parks land managers as well as the conservation
committee that is composed of these agencies as well as the Service and
Kane County. As part of the rulemaking process, we used the PECE
process to evaluate the 2013 CCA Amendment. We determined that the CCA
measures will be effective at eliminating or reducing threats to the
CPSD tiger beetle and the species no longer meets the definition of a
threatened or endangered species.
(22) Comment: State lawmakers stated that decisions that will have
such a major impact on the land managers and the local economy should
not be made in a regulatory vacuum. They stated that they would have
liked greater transparency during the drafting of the CCA, which could
have precluded the need for the proposed rule. State lawmakers also
expressed concern that the current dune field was not considered as an
exclusion area for critical habitat.
Our Response: Throughout the Service's process to evaluate the CPSD
tiger beetle for listing and designation of critical habitat, the
public has had opportunity to provide input. The Service requested
information from the public as part of our evaluation, including two
public comment periods following the publication of our proposed
listing and critical habitat rule (77 FR 60208 and 78 FR 26308). The
drafting of the 1997, 2009, and 2013 CCAs were also transparent
processes that involved the signatory agencies of Kane County, Utah
State Parks, BLM, and the Service. The comment relative to critical
habitat designation is no longer relevant because we are withdrawing
our proposed rule to list the CPSD tiger beetle.
(23) Comment: Multiple commenters stated that the economy of
southern Utah depends heavily upon tourism and that limiting or closing
the CPSD State Park to ORVs could have a significant adverse effect on
the economies of Kanab and Kane County. Commenters stated that economic
effects should be evaluated more thoroughly. In addition, commenters
stated that the majority of CPSD State Park visitors come to
participate in riding or observing ORVs across the sand dunes and
surrounding areas and significant restriction of ORV use at CPSD would
force the State of Utah to close CPSD State Park. Commenters indicated
such a closure would significantly impact the economies in the
surrounding region. Commenters stated estimates of total positive
economic impact of the CPSD State Park vary from $733,584 to $780,050.
Our Response: As discussed in the economic analysis, ORV
restrictions resulting from the proposed listing of the species and
designation of critical habitat are not expected to result in changes
in visitation to CPSD State Park. Future shifting of dunes has the
potential to restrict access such that ORV visitation would be expected
to decrease. If ORV use decreased sufficiently to cause CPSD State Park
to close, the resultant loss of $780,050 in economic output associated
with CPSD State Park is less than two-tenths of 1 percent of the
county's total output. Thus, limiting or closing ORV use would not
significantly affect the county's economy, although individual
businesses may be impacted more than others. Regardless, this document
withdraws our proposed rule to list the CPSD tiger beetle and designate
critical habitat for the species.
(24) Comment: Kane County asked if the boundary lines along the
southern and northern portion of Conservation Area A, as delineated by
Figure 4 of the 2012 Conservation Studies Final Report, were intended
to eliminate ORV traffic from traveling along the east side of the
habitat areas.
Our Response: The recommendation of the researchers who wrote the
report was to eliminate ORV traffic from traveling along the east side
of Conservation Area A. However, this closure was not incorporated into
the 2013 CCA Amendment due to concerns for human safety, and the
related expansion of Conservation Area A has allowed for the continued
use of ORVs in these areas.
(25) Comment: Kane County asked us to discuss the survival rates of
the CPSD tiger beetle eggs that are laid in the late summer and hatched
in the spring of the following year, as well as the number of eggs that
are viable/fertilized when they are laid. They also asked for
information on the level of predation of the eggs or the loss from
disease or parasites.
Our Response: We are not aware of any additional published
information regarding CPSD tiger beetle egg ecology beyond what was
provided in the proposed rule. However, additional information
regarding CPSD tiger beetle egg ecology was provided by Dr. Barry
Knisley via personal communication and has been incorporated into this
final determination and withdrawal document (see Life History under
Background).
(26) Comment: Some commenters noted that the Environmental
Assessment that the Service prepared for the critical habitat
designation stated that the Service does not have information on the
dispersal habits of the CPSD tiger beetle, and it only presented
population monitoring information from the central and northern
populations. The commenters recommend that additional study should be
done on the CPSD tiger beetle dispersal habits and population dynamics
and that, if a decision to list the species under the Act were made
now, it would be with incomplete information.
Our Response: The Act requires us to use the best commercial and
scientific information available to make listing determinations. The
best available information is often incomplete. As such, dispersal
habitat of other tiger beetle species comprised the best information
available at the time and was used to infer what the dispersal
characteristics are of the CPSD tiger beetle. Similarly, past
monitoring of the species primarily occurred at the central and
northern populations. Additional studies are being planned through the
2013 CCA Amendment to better assess the dispersal habits and population
dynamics of the CPSD tiger beetle.
(27) Comment: The commenters referred to Page 14, section 2.1.9 of
the Environmental Assessment and asked what are the other natural or
manmade factors that are specifically referred to and how are these
evaluated by the EA or the process of managing the CPSD tiger beetle
through the CCAs.
Our Response: This section of the Environmental Assessment that was
prepared for the critical habitat designation is a summary of the
significant threats identified in the proposed rule that are affecting
the
[[Page 61093]]
CPSD tiger beetle. The phrase ``other natural or manmade factors
affecting its continued existence'' refers to listing Factor E, and
includes: (1) Sand dune movement; (2) climate change and drought; (3)
small population effects; and (4) cumulative effects of all threats
that may impact the species. In this withdrawal, we determined that
these ``other natural or manmade factors'' are not a threat to the CPSD
tiger beetle. These factors are being managed and their threat is
reduced through the 2013 CCA Amendment by protecting key occupied,
dispersal, and future colonization habitats for the species throughout
the CPSD geologic feature.
(28) Comment: The commenters stated that the area proposed as
designated critical habitat includes the entirety of the northern 80
percent of the CPSD geologic feature, but much of this area does not
currently support the CPSD tiger beetle. They requested an explanation
of why the entirety of this area was proposed as critical habitat.
Our Response: CPSD tiger beetles are primarily found in
conservation areas in the northern and central areas of the CPSD
geologic feature; however, the species is found in significant numbers
outside of Conservation Area A and thought to disperse from the central
area to the northern area. Because CPSD tiger beetle habitat is dynamic
and changes based on the effects of wind-driven dune movement, the
habitat adjacent to occupied swales was included in the proposed
critical habitat designation. In addition, habitat between the central
and northern populations was included in the proposed critical habitat
designation to include habitat that could be used for dispersal and
could be colonized by new populations, thus providing redundancy for
current populations and resiliency to climate change and drought.
Regardless, we have determined that it is appropriate to withdraw the
proposed listing rule for the CPSD tiger beetle, and critical habitat
will not be designated for this species.
(29) Comment: Commenters expressed concern that designation of
critical habitat may not include all habitat eventually determined as
necessary to recover the species.
Our Response: As explained in the proposed rule, proposed
designated critical habitat for this species was delineated to include
the physical and biological features that are essential to the
conservation of the CPSD tiger beetle. Furthermore, the species was
never known to occur outside of the CPSD geologic feature, and we
concluded that designating critical habitat outside of the historical
range of the species was not necessary to conserve this species.
(30) Comment: One commenter found the economic analysis seriously
flawed in that it focuses mainly on the costs of the Act's Section 7
consultations, development of incidental take permits (federal and
state enforcement), and consumer surplus losses. The commenter requests
that the analysis investigate and analyze the effects on local
businesses in Kane County and surrounding areas.
Our Response: Although the primary purpose of the economic analysis
is to identify and value the direct coextensive impacts of the listing
and critical habitat designation, the analysis also considers the
indirect impact of the proposed action on the regional economy in
Section 3.2 and small businesses in Section 6 (USFWS 2013, entire). The
analysis recognizes that particular businesses catering exclusively to
ORV users may experience larger impacts relative to other businesses;
however, the total impact to the county is not expected to be
significant because (1) the proposed action has the potential to
restrict ORV use but does not eliminate ORV use, (2) any decline in
visitation to CPSD State Park has the potential to increase visitation
to other ORV areas resulting in benefits to businesses in those areas,
and (3) the county contains several other tourism attractions that
account for the majority of the local tourism-based economy.
(31) Comment: The commenter states that the conservation benefits
section of the Environmental Assessment implies that the decision has
already been made to close the CPSD State Park to ORV traffic. The
commenter requests that prior to finalizing the Economic Analysis, the
Environmental Assessment should have been reviewed for its analysis and
conclusions.
Our Response: It should be noted that the proposed rule did not
suggest eliminating ORV use. The conservation benefits section of the
draft environmental assessment does not indicate the extent to which
ORVs would be restricted as it had not yet been determined. However,
the proposed rule to list the CPSD tiger beetle is being withdrawn, and
critical habitat is not being designated. The 2013 CCA Amendment
provides some increased ORV restrictions and protection for the CPSD
tiger beetle.
(32) Comment: One commenter suggested that the purpose of the
economic analysis is to determine what is best for the CPSD tiger
beetle and still allow all forms of recreation on the CPSD.
Our Response: The purpose of the economic analysis is to evaluate
the potential economic impacts associated with the proposed critical
habitat designation for CPSD tiger beetle. The analysis considers
current and future impacts to both the economic efficiency and
distribution that may result from efforts to protect the CPSD tiger
beetle and its habitat.
(33) Comment: One commenter stated that the revenue generated by
ORV use in Kane County, and particularly at the CPSD State Park, should
be evaluated in more detail than is presented in the economic analysis.
Our Response: The economic analysis provides information regarding
the revenue generated by ORV use in Utah on page 3-8. It should be
noted that the proposed action had the potential to restrict ORV use
but did not propose to eliminate ORV use. However, under this
withdrawal, the species is not being listed under the Act and critical
habitat is not being designated.
(34) Comment: The commenter finds the definition of ``surplus
losses'' in the economic analysis to be highly subjective and of little
value when determining financial losses to local businesses.
Our Response: The definition of and methodology for consumer
surplus loss estimates presented in the economic analysis are widely
recognized in the field of economic analysis. Consumer surplus loss
measures losses only to consumers, not to businesses. The objective of
the economic analysis is to determine the economic impact of the
proposed rule. The proposed action was not anticipated to have a
significant impact overall on local businesses given the limited number
of visitors and businesses impacted (see Section 3.2). However, under
this withdrawal, the species is not being listed under the Act and
critical habitat is not being designated.
(35) Comment: The commenter requests clarification of the following
statement from the economic analysis: ``costs associated with
uncertainty and misperception of the regulatory burden imposed by
critical habitat designation'' and a definition of ``misperception of
regulatory burden.''
Our Response: The misperception of regulatory burden refers to the
difference between the actual restrictions imposed as a result of the
proposed critical habitat designation and the way the public perceives
the restrictions. In some cases, the public may perceive restrictions
to be above and beyond the actual restrictions implemented as a result
of the proposed action. Costs associated with
[[Page 61094]]
uncertainty and misperception of the regulatory burden imposed by
critical habitat refers to any economic impacts resulting from this
difference in actual versus perceived restrictions.
(36) Comment: The commenter states that the economic analysis did
not include contact with business owners (motels/hotels, gas stations,
mechanics, restaurants, or ATV rental businesses) in Kane County, or
else did not provide documentation of those contacted.
Our Response: We contacted 10 hotels, 1 RV Park, and 2 ORV rental
businesses in Kanab, UT, to collect information for the economic
analysis. Only three of the hotels responded to our calls.
Federal Agency Comments
(37) Comment: The BLM stated that implementation of the CCA has
been an effective tool in the management and recovery of the CPSD tiger
beetle. They indicated as habitat management changes become necessary,
such as adjustments in conservation area boundaries due to shifting
dunes or tiger beetle population migration, these actions are easily
accommodated by the CCA. The BLM is concerned that, should the beetle
become listed, the management flexibility currently provided by the CCA
would be unavailable and replaced by the more formal mandates of the
Act.
Our Response: The Service makes listing determinations solely on
the basis of the best scientific and commercial data available after
conducting a review of the status of the species and after taking into
account efforts to protect the species. Thus, the issue of future
management flexibility cannot be taken into consideration as part of
the determination. Regardless, our decision in this document is to
withdraw the listing proposal for the CPSD tiger beetle. The beetle
will continue to be managed under the 2013 CCA Amendment.
(38) Comment: The BLM noted that the proposed designated critical
habitat located on BLM-administered lands is located within the Moquith
Mountain Wilderness Study Area (WSA). They stated that ORV use is
restricted in the WSA to open dune areas, and no land disturbances or
uses that would affect the wilderness characteristics of the area are
allowed. They indicated that it can reasonably be assumed that no BLM-
authorized activities would adversely modify the proposed critical
habitat for the CPSD tiger beetle.
Our Response: The proposed rule states that the northern portion of
the CPSD feature is located within the WSA, and that the northern
population of the CPSD tiger beetle is located in Conservation Area B,
which is a 150-ha (370-ac) protected area within the WSA. Our decision
in this document is to withdraw the proposed rule to list the CPSD
tiger beetle; therefore, the critical habitat designation is also
withdrawn.
(39) Comment: The BLM stated that the Service's not warranted 12-
month finding on four Great Basin butterflies gave significant
consideration to BLM's management regulations and policies, which
included: (1) Numerous laws, regulations, and policies that have been
developed to assist the agency in management of their lands, including
National Environmental Policy Act (NEPA) analysis; (2) BLM's usage of
Resource Management Plans (RMPs) to provide a framework and
programmatic guidance for site-specific activity plans regarding
livestock grazing, oil and gas development, travel management, wildlife
habitat management and other activities; and (3) BLM policy and
guidance for species of concern occurring on BLM-administered lands as
addressed under BLM's 6840 Manual ``Special Status Species
Management''. As a result of the conservation benefit that these
regulations and policies provide to CPSD tiger beetle, the Service
should not list the species.
Our Response: The Service described the BLM's management
regulations and policies in the proposed rule and acknowledged the
conservation benefits these actions provide to the CPSD tiger beetle.
We are withdrawing the proposed rule to list the CPSD tiger beetle in
large part due to conservation measures that are ongoing and have been
implemented through the CCA, including the most recent 2013 CCA
amendment, as described in this withdrawal.
(40) Comment: The BLM agrees that ORV use is a factor affecting
CPSD tiger beetle population numbers and habitat. However, the BLM
stated greater credence should be given to climate-related factors that
are beyond the control of any management agency, especially rainfall.
The BLM cited Dr. Knisley's 2008 study, ``As a result of our long term
studies with this beetle and additional experience with tiger beetles,
we have become convinced that rainfall is the primary factor
controlling population size and the changing dynamics.''
Our Response: Although rainfall amounts, drought, and other
climate-related factors cannot be directly affected by management
actions, corresponding conservation actions such as controlling ORV use
can have a positive effect on the CPSD tiger beetle and its habitat,
thus making the species more resilient to climate-related factors.
Likewise, increasing the number of populations of the species on
the landscape increases the species' redundancy by allowing for
geographically distinct populations that have the potential of being
acted on separately by climatic threats. The 2013 CCA amendment
addresses all threat factors and provides appropriate conservation
actions to address ORV use and impacts to habitat caused by climate
change
(41) Comment: BLM agrees that the population trend is currently
stable to increasing. BLM does not think that the assumption can be
made that the overall trend since 1992 is in decline as there was a
major change in inventory and monitoring methods in 1997. BLM states
that any discussion on population trends should be based only on data
obtained since 1997, as the method used prior to that time tended to
overestimate population numbers and cannot be compared to the current
inventory method. BLM notes that as Dr. Kinsley notes in his reports,
comparisons of population size before and after 1998 are not valid.
Our Response: We agree with this interpretation of CPSD population
data and have adjusted our analysis accordingly (see Population Size
and Dynamics in Background).
(42) Comment: BLM suggested that the Service provide information
with Figure 2 in the proposed rule, which shows annual and monthly
precipitation amounts. They stated that the correlation between
precipitation and beetle populations is striking and lends credibility
to the thesis that climate is the primary factor in beetle population
trends. BLM is planning to install a climate monitoring station at the
CPSD feature to ensure availability of more accurate climate data.
Our Response: We agree that precipitation is a significant natural
environmental factor affecting the species, and we support the addition
of climatic data in the future to associate with CPSD tiger beetle
population trends. We believe our rulemaking process properly evaluated
the potential effects of precipitation and climate change.
(43) Comment: BLM concludes that ORV use is a rather minor impact
compared to natural climatic events and patterns. They stated that the
discussion in the proposed rule leads the reader to understand that ORV
use is the major cause of population decline, which is not the case.
The BLM indicated that the issue is further complicated by the
discussion on page 60217 (first column,
[[Page 61095]]
second paragraph) in which the Service states that, ``We do not have
specific data regarding the level of impact ORVs have on the CPSD tiger
beetle in the unprotected area between Conservation Area A and B.''
They stated that more study is needed to determine the actual impact
that ORV use has on the beetle.
Our Response: ORV use was the most significant human-induced threat
to CPSD tiger beetle that was identified in the proposed rule. It is
true that we do not have specific data regarding the level of impact of
ORVs. We agree that precipitation is a significant natural
environmental factor affecting the species. However, we have determined
that neither factor results in a need to list the species as threatened
or endangered, and we are withdrawing our proposed rule.
(44) Comment: BLM asked what the precipitation pattern was the year
preceding the information provided on Page 60217 of the proposed rule
that, ``The year following removal of ORV use, the tiger beetle density
on this swale more than doubled to 150 beetles. . . .'' BLM wondered if
the precipitation pattern could have been a factor in the increase of
beetle numbers.
Our Response: We have included the precipitation information in our
discussion of ORV use in this document (see ORV use under Factor A.).
(45) Comment: The BLM stated that the data in Table 1 of the
proposed rule is out of date and should be updated with new survey
information that used more accurate monitoring procedures implemented
in 1998.
Our Response: In the proposed rule, Table 1 presents information
regarding number of adult CPSD tiger beetles found injured or killed
(by ORVs) before and after high ORV use holiday weekends. More recent
data are not available, but we believe the available data are an
accurate portrayal of the direct impacts to CPSD tiger beetle that can
be expected from ORVs.
(46) Comment: BLM agrees with the discussion and conclusions for
Factors B and C in the proposed rule.
Our Response: Comment noted.
(47) Comment: BLM concurs with the discussion of sand dune movement
in the proposed rule. They stated that it will be necessary to
continually adjust the boundaries on the Conservation Areas to
compensate for dune movement. BLM believes that this is best done
through continued implementation of the CCA and the flexibility that it
provides.
Our Response: Adaptive management of conservation boundaries in
response to dune movement is included in the 2013 CCA Amendment, as
discussed in this document.
(48) Comment: BLM asked for clarification on information the
Service provided in the proposed rule (Page 60229), stating that, ``The
remaining 460 ha (1,138 ac.) are open to ORV use.'' The BLM does not
believe this statement is technically correct. They stated that the
2000 amendment to the Vermilion Management Framework Plan affirmed
allowable ORV traffic over open sand dunes within the Moquith Mountain
WSA but outside of the conservation area for the beetle. They also
stated that the 2008 Kanab Resource Management Plan continued that
action, but also specified that ``all vehicles on the dunes are
required to stay at least 10 feet from vegetation.''
Our Response: Within the CPSD feature, BLM-managed lands include
150 ha (370 ac) that are closed to ORV use; and approximately 445 ha
(1,100 ac) that are available for ORV use outside of the Conservation
Area B on BLM lands, but with the stipulation that ORVs stay on open
dunes and maintain a 3-m (10-ft) buffer around vegetation. BLM and Utah
State Parks sufficiently enforce ORV restrictions for Conservation
Areas A and B. However, enforcement is minimal on lands that are not
designated for protection with carsonite posts and primarily relies on
voluntary compliance. Thus, we have no record of enforcement effort or
success of the buffer around vegetation, but Service staff have
observed ORV tracks though vegetation and within the vegetation buffer
distance.
(49) Comment: BLM assumed that Dr. Knisley would be one of the peer
review experts and indicated they fully support his inclusion as a peer
reviewer. They stated that Dr. Knisley has a long history of quality
work with the beetle, and BLM trusts his findings. The BLM recommended
that the other peer review experts be chosen from local universities
who have experience working with the CPSD tiger beetle. They asked that
the Service notify them of the selected peer reviewers and their
findings.
Our Response: We asked Dr. Knisley, Dr. Charles Gowan, and Dr. Leon
Higley to provide peer review of the CPSD tiger beetle proposed rule,
and Dr. Knisley and Dr. Gowan provided their reviews of the rule. Their
comments are part of the rulemaking record and are available to the
public through the http://www.regulations.gov Web site. This withdrawal
also incorporates information and addresses the comments provided by
the peer reviewers.
Public Comments
(50) Comment: Commenters stated that the Service relied upon
insufficient evidence to analyze threats to the CPSD tiger beetle and
that the Service selectively overlooked uncertainties and data gaps as
well as evidence of increases in the species' population. Comments
reflected dissatisfaction with the use of population monitoring
information that did not cover the entire CPSD geologic feature; that
sampling methods had changed during the period of record reported and
this was not disclosed; and that the population viability analysis was
used as a basis for listing.
Our Response: We acknowledge that the science regarding the CPSD
tiger beetle may not be complete, but we must base our decisions on the
best scientific information available when making listing
determinations under the Act. We corrected the discrepancy portraying
data that were collected using different methods, and it is included in
this withdrawal. In our proposed rule and this final determination, we
used the best available scientific information to support our decision.
Any new information that was provided, such as the 2012 surveys, was
incorporated into the information in Species Information, above. The
appropriateness of including PVA analysis in our decision is addressed
above as well (see Population Viability Analysis under Background).
(51) Comment: Multiple commenters stated that the allegations of
climate change-based threats are speculative, artificially conflated
with harms from ORV use, and not supported by the record.
Our Response: In summary, climate change is occurring and there is
strong scientific support for projections that warming will continue
through the 21st century (see Climate Change and Drought under Factor
E.). Regional projections indicate the Southwest, including southern
Utah, may experience the greatest temperature increase of any area in
the lower 48 States. Because of increased temperature, Utah soils are
expected to dry more rapidly and this is likely to result in reduced
soil moisture levels in CPSD tiger beetle habitat. This analysis is
well documented and supported in the proposed and this final
determination. In addition, the proposed rule thoroughly explains the
effects ORVs can have to CPSD tiger beetle habitat and the species
reliance on soils with the correct moisture levels. Please see the
discussion on Climate Change and Drought, below, for
[[Page 61096]]
additional discussion. However, our conclusion is that the effects of
climate change are not a threat to the CPSD tiger beetle, and we are
withdrawing our proposal to list the species.
(52) Comment: A commenter stated that the Act does not authorize
the Service to list a species that is not in need of recovery.
Our Response: Under the Act, we can determine that a species is an
endangered or threatened species based on any of five factors: (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. However, our
analysis of these factors shows that the species does not warrant
listing as threatened or endangered, and we are withdrawing our
proposal to list the species.
(53) Comment: One commenter stated that if the Service lists the
CPSD tiger beetle as threatened and counts climate change as among the
threats to the species, then the Service should consider proposing a
special rule under section 4(d) of the Act to exclude otherwise lawful
activities, such as greenhouse gas emissions, from those actions that
others may allege to constitute as ``take'' of the CPSD tiger beetle.
Our Response: A special rule under section 4(d) can be issued for
species listed as threatened species under the Act; however, we are
withdrawing our proposal to list the CPSD tiger beetle as a threatened
species.
(54) Comment: Several commenters stated that the CPSD tiger beetle
should be listed with designated critical habitat as detailed in the
proposed rule, and that the previous CCA as well as the 2013 CCA
Amendment do not fully address the threat of ORV use. These commenters
indicated that extensive ORV use is permitted across the majority of
CPSD State Park and in the areas between the `islands of habitat' (as
specified in the 2013 CCA Amendment) located between the two
populations. The commenters stated the use of ORVs is also permitted
(although restricted) on the BLM lands surrounding the northern
population. The commenters believe the tiger beetle remains vulnerable
to impacts from illegal ORV use, both in its occupied habitat and in
the area between the two populations.
Our Response: At the time of publication of the proposed rule,
threats to CPSD tiger beetle included negative effects of ORV use. The
threat of ORV use has been addressed in the 2013 CCA Amendment by
creating additional protective habitat surrounding Conservation Area A
(24 ha (59 ac)), and in polygons between Conservation Areas A and B
(106 ha (263 ac)) that will allow for CPSD tiger beetle dispersal and
colonization. See answer to Comment (48), Factor D. The Inadequacy of
Existing Regulatory Mechanisms, and Ongoing and Future Conservation
Efforts for additional information.
(55) Comment: One commenter stated that the 2013 CCA Amendment
should be adequate to protect CPSD tiger beetle if the proposed open
area on the east side of Conservation Area A is reduced to a carefully
sited and clearly demarcated trail, no more than two vehicles wide,
through the area of unstable dunes on the east side, that is laid out
with direction of Dr. Knisley and the Service, with the cooperation of
CPSD State Park and a representative of the ORV community.
Our Response: We did not demarcate an ORV trail on the east side of
Conservation Area A as part of the conservation actions of the 2013 CCA
Amendment. This option was discussed but deemed unsafe for ORV use by
CPSD Park personnel.
(56) Comment: One commenter stated that Dr. Knisley's methods are
pioneering, consistent, detailed, reliable, and as thorough as possible
given limited time and budget. The commenter stated that his work
supports the conclusion that the species is habitat limited and that
its habitat is subject to change and has changed over the period of
study.
Our Response: We have included the analysis of much of Dr.
Knisley's CPSD tiger beetle work in our proposed rule and this
withdrawal of the proposed rule.
(57) Comment: One commenter concluded that it is clear that the
dunes are moving, and cited Dr. Knisley's work over the past decade as
evidence of consistent movement of the dune crests. This commenter
believed that restricting critical habitat to the currently occupied
habitat would not allow the freedom of the dunes to move as natural
forces dictate. The commenter opined that to protect the dunes
ecosystem, including the CPSD tiger beetle and all of the resources
upon which it depends, the dunes must have room to move and a source of
sand and wind consistent with the history of the ecosystem over
ecological time.
Our Response: We are withdrawing our proposed listing and critical
habitat designation. The 2013 CCA Amendment includes adaptive
management processes that are intended to account for dune movement
(see Table 2).
(58) Comment: One commenter stated that carsonite posts and the
potential threat of being ticketed by an overworked ranger are not
sufficient barriers to ORV use. The same commenter expressed concern
that funding of the CCA could be cut, discontinued, or weakened.
Our Response: Demarcation of Conservation Area A with carsonite
posts has been effective at protecting CPSD tiger beetle for the last
15 years, and we are confident that this method will be effective for
new locations as well. Conservation actions directed by the 1997 and
2009 versions of the CCA have been consistently funded by the Service,
BLM, and Utah State Parks since the CCA was signed, funding has been
committed for the next 10 years as part of the 2013 CCA Amendment, and
we are confident that it will continue into the future. Since signing
of the original CCA in 1997, the document was renewed on a standard
timeline (2009) and has since become even stronger and provided more
conservation with the 2013 amendment.
(59) Comment: Commenters urge the Service to continue ongoing
discussions with the BLM, Utah State Parks, and Kane County
Commissioners about updating the existing Conservation Agreement. The
commenters stated that any protections necessary for the CPSD area are
best developed through this process, and this process serves the local
community best.
Our Response: We agree. The 2013 CCA Amendment was signed by these
entities in March 2013 and discussions will continue on an annual basis
to further conservation of the CPSD tiger beetle through associated
monitoring, research, education, and habitat protection actions.
(60) Comment: One commenter stated that the area currently under
consideration for designation as critical habitat exceeds the area that
is absolutely necessary to conserve CPSD tiger beetle.
Our Response: The area considered in the proposed rule for critical
habitat designation included those areas that provide sufficient
elements of physical or biological features necessary to support CPSD
tiger beetle life-history processes. However, we have withdrawn our
proposal to list the CPSD tiger beetle and designate critical habitat.
The 2013 CCA Amendment provides sufficient habitat protection to reduce
threats to the species from ORV use, small population size, drought,
and climate change.
[[Page 61097]]
(61) Comment: One commenter shared that, 20 years ago, motorized
versus non-motorized use at the CPSD feature was divided 50/50;
however, more recently, a 2001 CPSD State Park visitor survey indicated
a conflict between motorized and non-motorized use, stating that 80 to
90 percent of visitors were offended by issues involving safety,
tracks, and noise. The commenter noted that as reported in the Southern
Utah News (September 19, 2001), visitor surveys indicate visitors
oppose motorized use at the Sand Dunes. The commenter said the article
further stated that, although motorized use constitutes the majority of
activity on holiday weekends, visitor expectation is for a more
pristine experience like they have at the Grand Canyon and Zion
National Parks. The commenter indicated that these data make clear that
motorized use within the CPSD State Park and the Moquith Mountain WSA
is not the economic driver of the area. The commenter additionally
stated that, based on these data, it is likely that economic benefit
may actually flow from critical habitat designation as a substantial
number of non-motorized users begin to revisit both the CPSD State Park
and the Moquith Mountain WSA as a result of restricted ORV use.
Our Response: The Service has limited information regarding user
conflicts or preferences at the CPSD dune geologic feature; however,
this issue is outside of the scope of our rulemaking process. Please
see Comment (23) for information on the economic benefits of motorized
use in the CPSD to the economy of Kane County. Nevertheless, the
proposed listing is withdrawn by this document and therefore no
critical habitat will be designated.
Summary of Changes From the Proposed Rule
Based upon our review of the public comments, comments from other
Federal and State agencies, peer review comments, issues addressed at
the public hearing, and any new relevant information that may have
become available since the publication of the proposal, we reevaluated
our proposed rule and made changes as appropriate. Other than minor
clarifications and incorporation of additional information on the
species' biology, this determination differs from the proposal by:
(1) Based on our analyses, the Service has determined that the CPSD
tiger beetle should not be listed as a threatened species. This
document withdraws the proposed rule as published on October 2, 2012
(77 FR 60208).
(2) The addition of the Ongoing and Future Conservation Efforts
section prior to the Summary of Factors Affecting the Species section,
below. The conservation agreements are no longer discussed in detail in
Factor D. Inadequacy of Existing Regulatory Mechanisms, but are
included in the Ongoing and Future Conservation Efforts section.
(3) The Service reevaluated population sampling information and has
adjusted how sampling information is reported. This information is
included in the Background section.
Ongoing and Future Conservation Efforts
Below we summarize the 2009 CCA and the 2013 CCA Amendment that
provide conservation benefits to the CPSD tiger beetle. We describe the
significant conservation efforts that are already occurring and those
that are expected to occur in the future. We have also completed an
analysis of the newly initiated efforts pursuant to our PECE policy on
the 2013 CCA Amendment (Conservation Committee 2013, entire).
After the CPSD tiger beetle became a candidate species in 1997, a
variety of conservation initiatives were put in place to conserve the
species' habitat, while continuing ORV activities in the area. The
document that served as the foundation for the conservation of CPSD
tiger beetle was the 1997 CCA, which was renewed in 2009 and amended in
2013 (Conservation Committee 1997, entire; Conservation Committee 2009,
entire; Conservation Committee 2013, entire). This CCA provided the
conservation framework necessary for the development of several
collaborative conservation efforts that have benefited the CPSD tiger
beetle. The proposed rule details these conservation measures in
several locations within the document (77 FR 60208). In summary, the
1997 and 2009 CCAs coordinated or enacted conservation efforts over the
last 15 years including:
(a) Two conservation areas were established. Conservation Area A
was 207 ac (84 ha), and Conservation Area B was 150 ha (370 ac) at the
time of the 2009 CCA. ORVs were not allowed in these areas, and Utah
State Parks and BLM staff have enforced this restriction. These
conservation areas have protected significant CPSD tiger beetle habitat
from ORV impacts.
(b) Annual monitoring was conducted to evaluate population status,
and habitat and population response to conservation actions.
(c) Research efforts clearly defined the CPSD tiger beetle
lifecycle and observed population fluctuations relative to fluctuations
in rainfall.
(d) A 2-year field study was completed that indicates supplemental
watering has a significant and positive effect on recruitment of new
CPSD tiger beetle larvae, their survival, and their speed of
development.
(e) Genetic studies were conducted and demonstrated that the CPSD
tiger beetle is an independent species, rather than the subspecies it
was considered when the original 1997 CCA partnership was established.
(f) A population viability analysis was developed to determine the
likelihood of extinction and the range of habitat required for the
species to persist. The population viability model will serve as a
useful tool to evaluate, adapt, and prioritize conservation strategies.
(g) Educational materials were developed and are displayed and
distributed at the CPSD State Park and BLM office.
(h) A protocol for translocation was developed and beetles were
translocated in a pilot effort to establish a more secure population at
Conservation Area B.
(i) The BLM Kanab Field Office revised its land use plan and
included direction to implement measures identified in the CCA for CPSD
tiger beetle management.
Despite the positive accomplishments of the 1997 CCA and 2009 CCA,
the proposed rule identified several threats that were still negatively
acting on CPSD tiger beetle and its habitat. Residual threats
identified in the proposed rule included: (1) Continued habitat loss
and degradation caused by ORV use; (2) small population effects, such
as vulnerability to random chance events; (3) the effects of climate
change and drought; (4) and cumulative interaction of the individual
factors listed above (77 FR 60208, October 2, 2012). The proposed rule
also determined that existing regulatory mechanisms were not adequately
addressing the ORV-related threats to the species.
Based on information provided in the proposed rule, discussions
with researchers, and onsite evaluations with the CCA partners,
signatory agencies established a 2013 amendment to the 2009 CCA. This
amendment outlined several new conservation actions that will be
enacted to address the threats that were identified in our October 2,
2012, proposed rule (77 FR 60208) (Table 1). The 2013 CCA Amendment
evaluated the most recent tiger beetle survey information and peer
review
[[Page 61098]]
comments from our proposed rule and concluded that modifications to the
boundaries of the Conservation Areas are needed to ensure continued
protection of the tiger beetle from ongoing threats (see Figure 1;
Table 1; Conservation Committee 2013, entire).
Current survey information identified the species occurring in
significant numbers south and east of the Conservation Area A boundary,
as defined by the 2009 CCA (Knisley and Gowan 2013, entire). Therefore,
the 2013 CCA Amendment will enlarge Conservation Area A from 207 ac (81
ha) to 266 ac (108 ha) (see Figure 1) to protect most of the known
occupied habitats--the expansion of Conservation Area A protects 88
percent of the central population's habitat. Posting of new habitat
began in summer 2013 and will be completed by the end of the year. The
Amendment also commits to evaluating areas farther to the south of
Conservation Area A where adults and larvae were found in 2012--this
process was initiated in the spring of 2013, and the conservation
committee is evaluating the need to provide additional protection to
some of this habitat. In addition, the 2013 CCA Amendment provides
protection for islands of habitat, totaling an additional 263 ac (106
ha), between Conservation Areas A and B (see Figure 1), with the intent
of providing dispersal habitat for the species. Additional conservation
measures of the 2013 CCA Amendment are listed in Table 1 and were
evaluated for certainty of implementation and certainty of
effectiveness with the PECE process. The Service's detailed PECE
analysis on the 2013 CCA Amendment is available for review at http://www.regulations.gov and http://www.fws.gov/mountain-prairie/species/invertebrates/coralpinksanddunestigerbeetle/index.html.
Table 1--Summary of Conservation Measures in the CPSD Tiger Beetle 2013
CCA Amendment
[Conservation Committee 2013, entire]
------------------------------------------------------------------------
Threat Conservation measure Status
------------------------------------------------------------------------
Habitat loss/degradation and Utah State Posting of
mortality associated with Parks agrees to the new
ORV use expand the boundary Conservation Area A
of Conservation boundary began in
Area A to protect summer 2013 and
additional habitat will be completed
while addressing by the end of the
diversity in year.
recreation and Posting of
maintaining safety 14 new habitat
standards for dune patches began in
visitors. This area summer 2013 and
will be permanently will be completed
expanded in 2013 by the end of the
from 207 ac (84 ha) year.
to 266 ac (108 ha) Habitat
(Figure 1), thus south of
increasing Conservation Area A
protection of tiger was identified for
beetle occupied protection by the
swales from 48 Conservation
percent to 88 Committee in spring
percent for the 2013. Will have
central population. final configuration
All new or expanded and be posted by
habitat areas will end of 2013.
be demarcated with Analysis of
carsonite marking historical dune
posts to facilitate imagery will ocurr
compliance by CPSD in combination with
State Park visitors. 3-year boundary
analysis. Baseline
dune analysis has
been completed by
Fenster et al.
(2012).
Plans to
perform vegetation
treatments have
been discussed
informally, but
this action will be
a low priority
until new habitat
areas are posted.
Conservation
boundaries will be
reassessed in 2016.
Utah State Enforcement
Parks and the BLM of conservation
will protect areas is ongoing.
vegetated habitat
islands of
connectivity
between the central
and northern
conservation areas
and monitor to
ensure compliance.
This action will
occur in 2013 and
will protect 263 ac
(106 ha) of
additional sand
dune habitat
comprising 14
individual habitat
patches (Figure 1),
which range in size
from 2.6 ac (1.0
ha) to 37.1 ac (15
ha) each. All new
or expanded habitat
areas will be
demarcated with
carsonite marking
posts to facilitate
compliance by CPSD
State Park visitors.
CPSD tiger
beetle adults and
larvae were found
south of
Conservation Area A
in 2012. The
conservation
committee visited
this area in spring
of 2013 to
determine which
additional habitats
will be protected
to support the
tiger beetle
(Figure 1). All
conservation
committee members
agreed that several
swales should be
protected. The
exact size and
configuration of
these protected
areas are currently
being determined by
CPSD tiger beetle
researchers and
members of the
conservation
committee. All new
or expanded habitat
will be finalized
by late 2013 and
demarcated with
carsonite posts to
facilitate
compliance by CPSD
State Park
visitors.
[[Page 61099]]
The
conservation
committee will
analyze available
historical aerial
imagery, and other
data, to better
understand dune
movement and
associated
vegetation changes
as they relate to
beetle occupation
and suitable
habitat over time.
Knowledge of dune
movement patterns
will be used in
adaptive management
planning to
accommodate dune
changes and the
need to alter
conservation area
boundaries.
The
conservation
committee will
conduct
experimental
vegetation
treatments within
existing
conservation areas
to determine if
this could be an
effective mechanism
to increase
suitable habitat.
The
conservation
committee will
revisit
conservation area
boundaries on a
routine cycle
(every 3 years) and
make necessary
adjustments to
these boundaries as
a result of
shifting dunes,
vegetation changes,
population
increases and
decreases, and
resulting changes
to suitable
habitat.
Utah State
Parks and the BLM
will continue
efforts in law
enforcement,
education, and
outreach.
Vulnerability to stochastic We are not Utah DNR
events due to small aware of any has successfully
population size. additional advertised
populations of CPSD (proposal
tiger beetle submitted) a
outside of the CPSD request-for-
formation. However, proposals to begin
the conservation effort to search
committee believes for potential
it is appropriate habitat within 50
to continue surveys mile radius.
for this species in Annual
the area. The monitoring which
conservation happens each spring
committee will will include newly
identify potential protected habitat
habitat within a 50- and will include
mile radius of the translocation
CPSD formation efforts as
using aerial appropriate.
imagery and survey
for CPSD tiger
beetle presence and
habitat
suitability. If
appropriate habitat
is found, the area
will be considered
for experimental
introduction.
The
conservation
committee will
increase research
effort in
experimental
translocations in
Conservation Area B
and evaluate new
habitat islands for
appropriateness for
reintroduction
efforts.
The
conservation
committee will
introduce
individuals into
suitable habitats
(potential sites
have been
identified between
Conservation Areas
A and B), monitor
these sites, and
revise
translocation
activities via an
adaptive management
process.
Inadequacy of existing Utah State Status of
regulatory mechanisms. Parks and the BLM habitat protection
have done a actions as
creditable job of described above
enforcing the will regulate ORV
protection use.
boundaries of Enforcement
Conservation Areas of conservation
A and B for areas is ongoing
approximately the
last 15 years. This
amendment increases
the size of
Conservation Area A
by 59 ac (24 ha),
and the
conservation
committee will
consider further
protection of
habitats to the
south of
Conservation Area A
(see Habitat loss/
degradation and
mortality
associated with ORV
use, above). In
addition, the 2013
CCA Amendment
establishes 14
habitat patches to
support dispersal
of tiger beetles
between
Conservation Areas
A and B, increasing
the total protected
area by an
additional 263 ac
(106 ha). Because
these signatory
agencies have
complied with the
Conservation
Agreement and
Strategy for the
last 15 years, it
can reasonably be
concluded that the
BLM and Utah State
Parks will continue
to properly enforce
the boundaries of
all protected areas.
[[Page 61100]]
Climate change and drought.. The BLM Weather
began installing a station was
weather station installed in summer
onsite in spring 2013 and is
2013 to better providing data.
correlate weather Posting of
patterns with CPSD 14 new habitat
tiger beetle patches began in
abundance (note-- summer 2013 and
this action will be will be completed
completed in fall by the end of the
2013). year.
Understanding the
effects of weather
patterns on CPSD
tiger beetle
populations will
help the
conservation
committee develop
adaptive management
strategies by
identifying
important habitat
use areas during
particularly dry or
warm years.
The
establishment of 14
additional habitat
patches totaling
263 ac (106 ha)
will occur at
higher elevations
in the sand dune
area, and at
locations that
provide significant
vegetated habitat.
This has the
potential to offset
the drying and
warming effects of
climate change and
drought on CPSD
tiger beetle
habitat. In
addition, these
habitat polygons
will provide
dispersal habitat
and connectivity
between
Conservation Areas
A and B. This will
better allow the
tiger beetle to
disperse to
potentially cooler
and wetter habitat
that occurs in
Conservation Area B.
Cumulative effects of the Addressing Some
above. the threats listed conservation
above independently actions have been
will prevent these completed, some are
threats from acting ongoing, and the
cumulatively. most significant
ones (habitat
protection) will be
completed by the
end of 2013. See
above for more
information
regarding status of
individual actions.
------------------------------------------------------------------------
PECE Analysis
The purpose of PECE is to ensure consistent and adequate evaluation
of recently formalized conservation efforts when making listing
decisions. The policy provides guidance on how to evaluate conservation
efforts that have not yet been implemented or have not yet demonstrated
effectiveness. The evaluation focuses on the certainty that the
conservation efforts will be implemented and effectiveness of the
conservation efforts. The policy presents nine criteria for evaluating
the certainty of implementation and six criteria for evaluating the
certainty of effectiveness for conservation efforts. These criteria are
not considered comprehensive evaluation criteria. The certainty of
implementation and the effectiveness of a formalized conservation
effort may also depend on species-specific, habitat-specific, location-
specific, and effort-specific factors. We consider all appropriate
factors in evaluating formalized conservation efforts. The specific
circumstances will also determine the amount of information necessary
to satisfy these criteria.
To consider that a formalized conservation effort contributes to
forming a basis for not listing a species, or listing a species as
threatened rather than endangered, we must find that the conservation
effort is sufficiently certain to be (1) implemented, and (2)
effective, so as to have contributed to the elimination or adequate
reduction of one or more threats to the species identified through the
section 4(a)(1) analysis. The elimination or adequate reduction of
section 4(a)(1) threats may lead to a determination that the species
does not meet the definition of threatened or endangered, or is
threatened rather than endangered.
An agreement or plan may contain numerous conservation efforts, not
all of which are sufficiently certain to be implemented and effective.
Those conservation efforts that are not sufficiently certain to be
implemented and effective cannot contribute to a determination that
listing is unnecessary, or a determination to list as threatened rather
than endangered. Regardless of the adoption of a conservation agreement
or plan, however, if the best available scientific and commercial data
indicate that the species meets the definition of ``endangered
species'' or ``threatened species'' on the day of the listing decision,
then we must proceed with appropriate rulemaking activity under section
4 of the Act. Further, it is important to note that a conservation plan
is not required to have absolute certainty of implementation and
effectiveness in order to contribute to a listing determination.
Rather, we need to be certain that the conservation efforts will be
implemented and effective such that the threats to the species are
reduced or eliminated.
Using the criteria in PECE (68 FR 15100, March 28, 2003), we
evaluated the certainty of implementation (for those measures not
already implemented) and effectiveness of conservation measures
pertaining to the CPSD tiger beetle. We have determined that the
measures will be effective at eliminating or reducing threats to the
species because they protect occupied and suitable habitat, provide
habitat and additional management information to address the effects of
climate change and drought, and institute on-the-ground changes to
better manage and regulate protected habitat and ORV use. We have a
high degree of certainty that the measures will be implemented because
the conservation committee partners have an impressive track record of
implementing conservation measures and CCAs for this species since
1997. Over approximately the past 15 years of implementation, BLM and
Utah State Parks have effectively implemented conservation measures
from the 1997
[[Page 61101]]
CCA and have monitored the CPSD tiger beetle population, conducted
translocation and other research, established and enforced protection
areas, and educated the public on the occurrence and importance of the
species at the CPSD formation.
New conservation measures are prescribed by the 2013 CCA Amendment
and are already being implemented, such as establishment of additional
protected habitat areas and deployment of a weather station (see Table
1 in Ongoing and Future Conservation Efforts for more information on
status of conservation efforts). The 2013 CCA Amendment has sufficient
annual monitoring and reporting requirements to ensure that all of the
conservation measures are implemented as planned, and are effective at
removing threats to the CPSD tiger beetle and its habitat. The
collaboration between the Service, Kane County, Utah Parks, and BLM
requires regular committee meetings and involvement of all parties in
order to fully implement the conservation agreement. Based on the
successes of previous actions of the conservation committee, we have a
high level of certainty that the conservation measures in the 2013 CCA
Amendment will be implemented (for those measures not already begun)
and effective, and thus they can be considered as part of the basis for
our final listing determination for the CPSD tiger beetle.
Our full analysis of the 2013 CCA Amendment pursuant to PECE can be
found at http://www.regulations.gov.
Summary of Factors Affecting the Species
Section 4 of the Act and its implementing regulations (50 CFR 424)
set forth the procedures for adding species to 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. Listing actions may
be warranted based on any of the above threat factors, singly or in
combination. Each of these factors is discussed below.
Factor A. The Present or Threatened Destruction, Modification, or
Curtailment of Its Habitat or Range
ORV Use
Loss of habitat is the leading cause of species extinction (Pimm
and Raven 2000, p. 843). Insects are highly vulnerable to extinction
through habitat loss (McKinney 1997, pp. 501-507), and ORV use has
significantly impacted several species of tiger beetle nationwide. More
specifically, ORV use has significantly impacted the CPSD tiger
beetle's habitat, range, and the beetle itself by directly killing
beetles, damaging vegetation that supports prey items, directly killing
prey items, and reducing soil moisture.
Nationwide Context--Nationwide, ORV use has drastically reduced or
extirpated several tiger beetle populations. For example, ORV use and
pedestrian traffic extirpated the Northeastern Beach tiger beetle,
Cicindela dorsalis dorsalis, in several localities (Knisley 2011, p.
45). Similarly, within several years of the Assateague Island National
Seashore (Maryland, USA) opening for ORV use, the White Beach tiger
beetle, C. d. media, was extirpated from all but those areas where ORVs
were restricted (Knisley and Hill 1992, pp. 138-139). Additionally, ORV
use is responsible for eliminating tiger beetle populations in coastal
southern California (Hairy-necked tiger beetle, C. hirticollis
gravida), Oregon and Washington (Siuslaw hairy-necked tiger beetle, C.
h. siuslawensis), and Idaho (St. Anthony Dune tiger beetle, C.
arenicola) (Knisley 2011, p. 45).
CPSD Tiger Beetle Mortality--ORVs run over and thereby kill and
injure CPSD tiger beetles (Hill and Knisley 1993, p. 14; Knisley and
Gowan 2008, p. 23). The likelihood of being injured or killed increases
if adult CPSD tiger beetle are run over on wet or compact substrates
(e.g., moist swales) as compared to soft sands (e.g., dune faces)
(Knisley and Hill 2001, p. 390). The likelihood of being hit by ORVs
also increases based on the level of ORV use. For example, the numbers
of adult CPSD tiger beetles found injured or killed by ORVs increases
substantially during periods of heavy use, such as during the Memorial
Day holiday (Table 2; Knisley and Hill 2001, p. 390). We have no
information quantifying the direct injury or mortality that ORVs cause
to eggs or larval CPSD tiger beetle because these stages are
underground and not easily monitored.
Table 2--A Comparison of the Number of Adult Coral Pink Sand Dunes Tiger Beetles Found Injured or Killed (by Off-
Road Vehicles) Before and After a High ORV Use Holiday Weekend (Memorial Day) From 1993 to 1998 (No Survey
Conducted in 1995)
[Knisley and Hill 2001, p. 390]
----------------------------------------------------------------------------------------------------------------
Before Memorial Day Weekend After Memorial Day Weekend
-----------------------------------------------------------------------
Year Number observed Number observed
Total number killed or Total number killed or
observed injured observed injured
----------------------------------------------------------------------------------------------------------------
1993.................................... (\1\) (\1\) 179 14
1994.................................... 363 0 125 6
1996.................................... 231 2 287 41
1997.................................... 256 2 64 6
1998.................................... 168 1 278 8
----------------------------------------------------------------------------------------------------------------
\1\ No data.
We do not have specific data regarding the level of impact ORVs
have on CPSD tiger beetles in the previously unprotected area between
Conservation Areas A and B. It is likely that many of the beetles run
over by ORVs in this area were injured or killed. Thus, the ability of
adults to disperse between the central population and the northern
population was likely negatively impacted by ORVs. The result of these
ORV impacts is that the habitat between
[[Page 61102]]
the central and northern populations has not provided a sufficient
dispersal corridor for beetles or habitat for colonization (see
Population Distribution). Thus, the proposed rule concluded that BLM
protection of only Conservation Area B, and the absence of protection
in the dispersal corridor, would result in the continued threat of ORV
use to the CPSD tiger beetle. However, the 2013 CCA Amendment provides
for additional protected habitat surrounding Conservation Area A and
for islands of habitat between Conservation Areas A and B, thus
alleviating this threat to CPSD tiger beetles (see Ongoing and Future
Conservation Efforts).
Impacts to Vegetation--As discussed above (see Background, Habitat)
larval CPSD tiger beetles are more restricted to vegetated swale areas
where the vegetation supports the larval prey base of flies, ants, and
other prey species. Although adult CPSD tiger beetles are more mobile
and can hunt prey species over a wider range of habitat types,
vegetated swale habitat is still necessary to support adult prey items
(see Background, Habitat). The effects of ORVs on vegetation are well
documented and include crushing and uprooting of foliage and root
systems and the accompanying erosion and drying of soils (Ouren et al.
2007, pp. 4-5; Switalski and Jones 2012, p. 14). The protection of
Conservation Areas A and B, and islands of habitat between the
Conservation Areas includes the protection of vegetated swale habitat,
thus reducing the threat of ORV impacts to vegetation.
Prey Mortality--Food limitation has a significant impact on tiger
beetle growth, survival, and fecundity, especially for desert species.
Adult CPSD tiger beetles are, in some years, extremely food limited and
exhibit reduced fecundity (Knisley and Gowan 2008, p. 19). Food
limitation is at least partly caused by ORV use. ORVs reduce CPSD tiger
beetle prey density and prey species diversity in the CPSD (Knisley and
Gowan 2006, p. 19). Ants, a primary prey item, occur in much lower
densities in areas frequented by ORVs than in areas with no ORV traffic
(Knisley and Gowan 2008, p. 23). In addition, low ORV use areas in the
CPSD geologic feature have a higher diversity of prey species and
higher numbers of prey items than high ORV use areas (Knisley and Hill
2001, p. 389).
Prey availability significantly affects the number of larvae
produced by adult tiger beetles (Pearson and Knisley 1985, p. 165) and
the survival of larval tiger beetles (Knisley and Juliano 1988, p.
1990). Low prey densities can result in prolonged development and
decreased survivorship in larval tiger beetles and reduced size in
adults, which lowers fecundity in females (Pearson and Knisley 1985, p.
165; Knisley and Juliano 1988, p. 1990). Low prey densities also
require larval and adult tiger beetles to spend more time searching for
food. For larval tiger beetles, this means more time near burrow
entrances searching for prey, resulting in increased susceptibility to
parasitism and predators (Pearson and Knisley 1985, p. 166). Similarly,
adults that spend more time out of their burrows searching for food
have an increased susceptibility to predation. The 2013 CCA Amendment
protects the majority of known CPSD tiger beetle occupied habitat, thus
reducing the threat of ORV impacts to prey availability.
Reduction of Soil Moisture--ORV use degrades larval habitat by
reducing soil moisture. ORV use can reduce soil moisture by churning up
soils and exposing the moisture that is locked between soil particles
(beneath the surface) to greater evaporative pressure (Shultz 1988, p.
28; Knisley and Gowan 2008, p. 10). It also reduces soil moisture by
increasing soil compaction (Adams et al. 1982, p. 167). Compaction
reduces water infiltration and reduces moisture retention in soils
(Belnap 1995, p. 39).
As we discussed earlier (see Habitat), soil moisture is essential
to the CPSD tiger beetle's life history. Extreme drying or desiccation
kills tiger beetles (Knisley and Juliano 1988, p. 1990). In a dry
environment, such as the CPSD geologic feature, organisms are
constantly struggling to acquire and maintain enough water to survive.
Reduced water availability is limiting to tiger beetles in CPSD, as
evidenced by the fact that experimental water supplementation increased
larval CPSD tiger beetle survival by 10 percent (Knisley and Gowan 2008
p. 20). CPSD areas protected from ORV use have significantly higher
soil moistures and higher numbers of CPSD tiger beetles than adjacent
ORV use areas (Knisley and Gowan 2008, pp. 10-11), therefore the
protection of Conservation Areas A and B, as well as the islands of
habitats between these two areas, reduces the threat associated with
the loss of soil moisture from ORVs.
Population Level Effects--Available information shows the effects
of ORV use on CPSD tiger beetle population numbers. For example, swales
adjacent to but outside of Conservation Area A are similar in all
apparent environmental conditions to swales within Conservation Area A
with the exception of ORV impacts. However, CPSD tiger beetle abundance
in ORV-impacted occupied swales is consistently lower than adjacent
protected occupied swales, potentially because of ORV impacts (Figure
3).
BILLING CODE 4310-55-P
[[Page 61103]]
[GRAPHIC] [TIFF OMITTED] TP02OC13.002
BILLING CODE 4310-55-C
For example, one swale with ORV use had population counts of 60 or
more CPSD tiger beetles in most years (Knisley and Gowan 2011, p. 11).
Utah State Park staff, at the recommendation of the conservation
committee, protected this swale from ORV use in 2010 (Knisley and Gowan
2011, p. 11). The year following removal of ORV use, the tiger beetle
density on this swale more than doubled to 150 beetles, which also is
the highest number recorded for the swale (Knisley and Gowan 2011, p.
11). This increase could not be attributed to an increase in moisture
as rainfall levels were low and declining at this time (Knisley and
Gowan 2011, p. 11). This action provides an example of how the
conservation committee has used adaptive management to benefit the CPSD
tiger beetle and demonstrates a rapid population response to removed
ORV disturbance. The increased protection for Conservation Area A and
islands of habitat between Conservation
[[Page 61104]]
Areas A and B provided by the 2013 CCA Amendment reduces the potential
threat of ORV use to population-level effects. In fact, it is likely
the increased protection will result in increased tiger beetle
populations in these areas.
CCA Protections--The 2009 CCA conservation actions evaluated in the
proposed rule protected the entirety of the northern population of CPSD
tiger beetle but only 48 percent of the swale habitat occupied by the
CPSD tiger beetle in the central population and none of the dispersal
corridor habitat (see Table 1). Since the publication of the proposed
rule, the 2013 CCA Amendment has been signed and the conservation
committee has committed to: (1) Expanding Conservation Area A
boundaries to protect 88 percent of the central population from ORV
use; (2) protecting a total of 263 ac (106 ha) of vegetated habitat
islands of connectivity between the central and northern conservation
areas from ORV use and monitoring to ensure compliance; and (3)
visiting the area south of Conservation Area A (where significant
numbers of CPSD tiger beetle larvae and adults have been found) in
spring of 2013 to determine what additional habitats should be
protected from ORV use to support the tiger beetle. The size and
configuration of any protected areas south of Conservation Area A will
be determined during the 2013 field season with input from all members
of the conservation committee.
All new or expanded protected habitat areas will be demarcated with
carsonite posts to facilitate compliance by CPSD State Park visitors.
The conservation committee will revisit conservation area boundaries on
a routine cycle (every 3 years) and make necessary adjustments as a
result of shifting dunes, vegetation changes, population increase and
decreases, and resulting changes to suitable habitat.
Historical ORV use has reduced available habitat and the CPSD tiger
beetle population size. This has previously resulted in a population
that faces threats from minor stochastic events and minor environmental
perturbations. However, we find that recent protections agreed to and
implemented by the 2013 CCA Amendment now provide an adequate amount of
habitat protected from ORV use to allow the conservation of the central
and northern populations of CPSD tiger beetle and the dispersal and
colonization habitat between the two populations.
Summary of Factor A
The proposed rule identified ORV use as a threat to the CPSD tiger
beetle through direct mortality and injury, and by reducing prey base
and soil moisture. We still conclude that ORV use can substantially
reduce habitat qualities essential to the CPSD tiger beetle's life
cycle (e.g., soil moisture and prey availability) (Knisley and Hill
2001, p. 389; Knisley and Gowan 2008, pp. 10-11). Reduction in habitat
quality can reduce reproductive success and the tiger beetle population
growth rate (e.g., Klok and de Roos 1998, pp. 205-206). In the proposed
rule, we acknowledged the very important protections of Conservation
Areas A and B from ORV use. However, despite these conservation
efforts, we determined at that time that only 48 percent of occupied
swale habitat in the central population was protected, and none of the
dispersal corridor habitat was protected (Figure 3, Knisley and Gowan
2009, p. 8). In addition, we concluded that the degradation of habitat
(both occupied and potential) by ORV use reduced the ability of the
population to expand or disperse in areas outside of the Conservation
Areas and thereby reduced the population's carrying capacity.
Since the publication of the proposed rule, the CPSD tiger beetle
conservation committee signed the 2013 CCA Amendment that now provides
an adequate amount of protected habitat for both the central and
northern populations of CPSD tiger beetle and the dispersal and
colonization habitat between the two populations. Specific protections
include increasing the Conservation Area A boundary to protect 88
percent of CPSD tiger beetle occupied habitat at the central
population, and an additional 263 ac (106 ha) of CPSD habitat between
the Conservation Areas A and B. We are also working with our partners
to evaluate and potentially protect additional occupied habitat south
of Conservation Area A.
We conclude that, by restricting ORV use to areas outside of 88
percent of CPSD tiger beetle occupied habitat at the central
population, all of the occupied habitat of the northern population, and
263 ac (106 ha) of the dispersal corridor (see Ongoing and Future
Conservation Efforts), the species will have a sufficient amount of
quality habitat to persist into the future. This protection is being
provided through the 2013 CCA Amendment's commitment to eliminate ORV
use in Conservation Areas A and B and on islands of habitat within the
dispersal corridor. These habitat areas will be protected and be able
to sustain sufficient vegetation that supports prey items for larval
and adult CPSD tiger beetle, and soil moisture levels that are
unaltered by ORV use. Additionally, protected areas will not have ORV
use that results in direct killing of CPSD tiger beetles or their prey.
Quality habitat and the absence of ORV use will allow for CPSD tiger
beetle populations to continue to grow in number and provide resilience
to the effects of climate change, drought, and small population size
(see Factor E. Other Natural or Manmade Factors Affecting Its Continued
Existence). Thus, the best scientific and commercial information
available indicates that the destruction, modification, or curtailment
of the CPSD tiger beetle's habitat or range due to ORV use is not a
threat to the species now or in the future.
Factor B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Tiger beetles are one of the most sought-after groups of insects by
amateur collectors because of the unique metallic colors and patterns
present in the various species and subspecies, as well as their
fascinating habits (Pearson et al. 2006, pp. 3-5). Interest in the
genus Cicindela is reflected in the scientific journal entitled
``Cicindela,'' which is published quarterly (since 1969) and is
exclusively devoted to the genus. In certain circumstances, collection
of these insects can add valuable information regarding biogeography,
taxonomy, and life history of the species. However, some collection is
purely recreational and adds little to no value to the scientific
understanding or conservation of tiger beetles.
Collection of adult CPSD tiger beetles before they mate and lay
their eggs may result in reduced population size of subsequent
generations. In the proposed rule, we reported that the magnitude of
recreational collection cannot be accurately determined for the CPSD
tiger beetle, but it is likely that some number of adults were taken in
the past. We further reported that as agreed to in the CCA, CPSD State
Park and BLM personnel now enforce restrictions on recreational
collecting of CPSD tiger beetles, and consequently, collection levels
were expected to be low (Conservation Committee 2009, p. 17). However,
a peer reviewer and prominent tiger beetle researcher stated that
amateur collectors have taken adult tiger beetle from CPSD in recent
years, and that there are many tiger beetle collectors out there,
possibly 100 or more nationwide, and perhaps the number could be
increasing (see Peer Review). But the peer reviewer expected that most
collectors will take small
[[Page 61105]]
numbers of adults and considers collecting of adult CPSD tiger beetles
to have a limited effect on the population (Knisley 2013, pers. comm.).
Although scientific collection is not restricted by any formal
permitting process, only one researcher has collected CPSD tiger
beetles in approximately the last 14 years. Over this time period,
approximately 70 adults were collected (Knisley 2012, pers. comm.). The
adults were collected in late May after they had mated and oviposited
eggs (Knisley 2012, pers. comm.).
Summary of Factor B
CPSD tiger beetles are not overutilized for commercial,
recreational, scientific, or educational purposes. A limited number of
CPSD tiger beetles are collected from wild populations for recreational
purposes; however, CPSD State Park and BLM personnel enforce
restrictions on recreational collecting. Collection of CPSD tiger
beetles for scientific investigation and some recreational purposes
occurs on occasion, but the level of collection is small. The best
scientific and commercial information available indicates that
overutilization for commercial, recreational, scientific, or
educational purposes is not a threat to the CPSD tiger beetle now nor
will be in the future.
Factor C. Disease or Predation
We know of no diseases that are a threat to the CPSD tiger beetle.
Natural mortality through predation and parasitism accounts for some
individual loss of adult and larval CPSD tiger beetles (Knisley and
Hill 1994, p. 16). Known predators of adult tiger beetles include
birds, shrews (Soricidae), raccoons (Procyon lotor), lizards
(Lacertilia), toads (Bufonidae), ants (Formicidae), robber flies
(Asilidae), and dragonflies (Anisoptera) (Knisley and Shultz 1997, pp.
57-59).
Known tiger beetle parasites include ant-like wasps of the family
Tiphiidae, especially the genera Methoca, Karlissa, and Pterombrus, and
flies of the genus Anthrax (Knisley and Shultz 1997, pp. 53-57).
Parasites predominantly target larval tiger beetles (Pearson and Vogler
2001, pp. 170-171). There are two known natural parasites of larval
CPSD tiger beetles. Bee flies (Bombyliidae) are known to flick their
eggs into beetle burrows (Knisley and Hill 1995, p. 14). When these
eggs hatch, the larval parasite feeds on beetle bodily fluids, often
resulting in death of the tiger beetle larvae. Wasps of the genus
Methoca also can parasitize CPSD tiger beetle larvae (Knisley and Hill
1995, p. 14). These wasps deposit their larvae in the burrows of larval
tiger beetles. The wasp larvae then consume the tiger beetle larvae.
Despite documented parasitism to larval CPSD tiger beetle, effects to
the species are low and not considered a threat to the CPSD tiger
beetle (Conservation Committee 1997, p. 7).
Summary of Factor C
We have found no information that indicates that disease negatively
affects the CPSD tiger beetle population. There is some information
documenting mortality of CPSD tiger beetles by natural predators and
parasites; however, not to a level that significantly affects the
species. Thus, disease, parasites, and predation are not a threat to
the species now or likely to become so in the future.
Factor D. The Inadequacy of Existing Regulatory Mechanisms
The Act requires us to examine the inadequacy of existing
regulatory mechanisms with respect to extant threats that place CPSD
tiger beetle in danger of becoming either an endangered or threatened
species. Regulatory mechanisms affecting the species fall into three
general categories: (1) Land management; (2) State mechanisms; and (3)
Federal mechanisms.
Land Management
The CPSD geologic feature is approximately 1,416 ha (3,500 ac). The
southern 809 ha (2,000 ac) of the CPSD is within the CPSD State Park
and is categorized as public land with a recreational emphasis
(Conservation Committee 2009, p. 17). The State Park's mission, as
described in the most recent general management plan (Franklin et al.
2005, p. 3), is ``to provide visitors [[hellip]] recreation experiences
while preserving and interpreting the park's natural, scenic, and
recreation resources.'' The northern 1,500 ac (607 ha) is Federal land
managed by the BLM's Kanab Field Office (BLM 2000, p. 14). The northern
area is partly within the Moquith Mountain Wilderness Study Area (WSA).
Public education for both areas includes signage, brochures, and
interpretive programs.
As discussed in the proposed rule and stated previously in this
document (see Factor A; Ongoing and Future Conservation Efforts), the
Utah Department of Natural Resources (which oversees the Utah State
Parks), the BLM, the Service, and Kane County developed and signed a
CCA in 1997 (Conservation Committee 1997), renewed the agreement in
2009 (Conservation Committee 2009, entire), and further amended the
agreement in 2013 (Conservation Committee 2013, entire).
The 2009 CCA recommended conservation objectives and actions
designed to protect and conserve the CPSD tiger beetle. Despite the
positive and ongoing accomplishments of the 2009 CCA, the proposed rule
identified several threats that were still negatively acting on CPSD
tiger beetle and its habitat (see Ongoing and Future Conservation
Efforts). Based on information provided in the proposed rule,
discussions with researchers, and onsite evaluations with the CCA
partners, signatory agencies established a 2013 amendment to the 2009
CCA. This amendment outlined several new conservation actions that will
be enacted to address the threats that were identified in the Service's
October 2, 2012, proposed rule (77 FR 60208) (see Table 2). The degree
to which the 2009 CCA and the 2013 CCA Amendment have ameliorated
identified threats is discussed above and is also discussed below.
Protection for the tiger beetle in Conservation Area A is codified
and enforced according to the CPSD State Park's special closure
(Conservation Committee 1997, p. 13) and Utah's Administrative Code R
651-633. Of the 809-ha (2,000-ac) CPSD State Park, the conservation
actions agreed to in the 2013 CCA Amendment will protect 266 ac (108
ha) of occupied habitat at Conservation Area A, or 88 percent of CPSD
tiger occupied swale habitat in the central population. In addition,
CPSD tiger beetle adults and larvae were found to the south of
Conservation Area A in 2012. The conservation committee visited this
area in spring of 2013 to determine any additional habitats that should
be protected to support the tiger beetle. The size and configuration of
any protected areas will be determined during the remainder of the 2013
field season with input from all members of the conservation committee.
Through regulatory protections established as an outcome of the
1997 CCA, and maintained in the 2013 CCA Amendment, Conservation Area B
provides protection to the northern population's entire habitat as we
have defined its boundary (see Figure 1). In this area, 370 ac (150 ha)
is closed to ORV use to protect a small population of CPSD tiger
beetles. Under the original 1997 CCA, approximately 445 ha (1,100 ac)
was available for ORV use outside of the Conservation Area B on BLM
lands (within the dispersal corridor), but with the stipulation that
ORVs stay on open dunes and maintain a 3-m (10-ft) buffer around
vegetation. BLM and Utah State
[[Page 61106]]
Parks have the authority to issue a ticket to ORV users who do not
comply with closed areas that are identified with carsonite posts
(essentially all of Conservation Areas A and B, and all protected
habitat polygons between these two areas) (Conservation Committee 1997,
p. 13).
At the time of the proposed rule, we had no record of enforcement
effort or success of the closures at either Conservation Area A or B,
or the degree of compliance with the 3-m no-ride buffer around
vegetation on BLM land. Since that time we have visited the CPSD dune
feature and discussed the issue of compliance with BLM and Utah State
Parks staff. Our visits to the area have observed almost no ORV tracks
within Conservation Areas A or B but a moderate amount of tracks in the
vicinity of some of the vegetated areas on BLM lands that are not in
Conservation Area B. BLM and State Park enforcement officers indicate
that violation of areas that are currently protected is not a problem
and that the large majority of ORV users voluntarily comply with closed
areas (Anderson 2013, pers. comm.).
At the time of the proposed rule there was no protection from ORV
use for the CPSD tiger beetle in the dispersal corridor between
Conservation Areas A and B. As explained above (see Adult Dispersal),
this area is potentially important for dispersal of tiger beetles or
habitat occupancy in the areas between Conservation Area A to
Conservation Area B. As part of the 2013 CCA Amendment, Utah Parks and
the BLM will protect vegetated habitat islands of connectivity between
the southern and northern conservation areas and monitor to ensure
compliance. This action was initiated in 2013 and protects 263 ac (106
ha) of additional sand dune habitat comprising 14 individual habitat
patches (Figure 4), which range in size from 2.6 to 37.1 ac (1.0 to 15
ha) each.
Overall, the 2013 CCA Amendment increased protected habitat to
include 88 percent of the occupied swale habitat of the central
population, and an additional 263 ac (106 ha) of habitat between
Conservation Areas A and B. In addition, the conservation committee is
considering protection of additional occupied swale habitat south of
Conservation Area A.
In general, a species' resiliency to demographic and environmental
perturbations is related to its ability to disperse within and across
habitats, to track the preferred climate space, and to expand rapidly
following disturbance as dictated by its reproductive rates and
dispersal ability (Williams et al. 2008, p. 2). The expanded protection
provided by the 2013 CCA Amendment results in improved long-term
habitat conditions for the CPSD tiger beetle, resulting in increased
species' resiliency, which makes the species less susceptible to other
threats such as climate change and drought, demographic and
environmental stochasticity, and catastrophic events (see Factor E.
Climate Change and Drought and Small Population Effects). Previously
(see the Background: Population Distribution), the central population
of CPSD tiger beetle occupied a smaller portion of Conservation Area A,
and based on population and habitat sampling results to date, we
believed it was not likely that the species would expand to other areas
in Conservation Area A due to insufficient habitat conditions. With the
additional protections of the 2013 CCA Amendment, Conservation Area A
will protect additional occupied habitat that is already being used by
the species but is at levels that are artificially low due to the
effects of ORVs (see Population Viability Analysis and Factor A).
In the proposed rule, we recommended that the population at
Conservation Area B be managed such that it becomes self-sustaining
(see Population Viability Analysis and Factor A). Overall, it remains
unclear from a biological or regulatory perspective what will be
necessary to achieve this. It is possible that, by expanding
Conservation Area A, the central population will increase such that it
will be sufficient to provide adequate numbers of dispersers to bolster
the population at Conservation Area B, thus making it self-sustaining.
This should now be achievable since the conservation committee agreed
to put additional regulatory measures in place to protect the dispersal
corridor between Conservation Areas A and B to allow for a safe and
sufficient level of CPSD tiger beetle dispersal between the two areas.
In addition, the additional 263 ac (106 ha) of protected habitat in the
dispersal corridor will be available to CPSD tiger beetle for
colonization.
Although the CCAs are not regulatory mechanisms by themselves, the
signatory agencies have implemented the conservation actions specified
in the CCA through the use of regulatory mechanisms since 1997,
including the legal restriction of ORVs from occupied habitats and
dispersal corridor.
State Mechanisms
Utah's Administrative Code R 651-633 prohibits motorized vehicle
use in designated nonmotorized sand dune areas of CPSD State Park.
Conservation Area A is a designated nonmotorized sand dune area, and
thus the State Code protects tiger beetle habitat in this area. In
addition, State Code will now provide protection to the islands of
habitat within the portion of the dispersal corridor that is on State
Park land. CPSD State Park's dual purpose mission statement of
providing recreational experiences while preserving natural resources
(Franklin et al. 2005, p. 3) has assisted with the conservation of CPSD
tiger beetle because the State Park has closed areas (Conservation Area
A) to ORV use to protect CPSD tiger beetle.
As described above, the 2009 CCA and 2013 CCA Amendment provide
long-term protection of the tiger beetle. The 2013 CCA Amendment
expands protection based on our current knowledge of the species'
distribution. Although the CCAs are not regulatory mechanisms, the
State has shown a consistent commitment and ability to implement the
protective measures, by using its regulatory authorities to restrict
motorized use through its Administrative Code Process. Therefore, we
conclude that adequate State regulatory mechanisms are in place to
reduce threats to the CPSD tiger beetle.
Federal Mechanisms
The FLPMA is the primary Federal law governing most land uses on
BLM-administered lands. Section 102(a)(8) of FLPMA specifically
recognizes wildlife and fish resources as being among the uses for
which these lands are to be managed. Regulations pursuant to FLPMA and
the Mineral Leasing Act (30 U.S.C. 181 et seq.) that address wildlife
habitat protection on BLM-administered land include 43 CFR 3162.3-1 and
43 CFR 3162.5-1; 43 CFR 4120 et seq.; and 43 CFR 4180 et seq.
Cumulatively, BLM regulations allow the agency to formally recognize
sensitive species for special management and protection, include them
as such in their land management plans, and to enforce protective
closures of posted species habitat. See below for more information.
The BLM manages the CPSD tiger beetle as a ``sensitive species,''
that is managed under BLM Manual 6840--Special Status Species
Management (BLM 2008, entire). The BLM Manual 6840 requires that
Resource Management Plans (RMPs) should address sensitive species, and
that implementation ``should consider all site-specific methods and
procedures needed to bring species and their habitats to the condition
under which management under the Bureau sensitive species policies
would no longer be necessary'' (BLM 2008, p. 2A1). The BLM will
continue to manage the CPSD
[[Page 61107]]
tiger beetle as a sensitive species under the BLM Manual 6840 (Bolander
2013, pers. comm.). As a designated sensitive species under BLM Manual
6840, CPSD tiger beetle conservation must be addressed in the
development and implementation of RMPs on BLM lands.
The RMPs are the basis for all actions and authorizations involving
BLM-administered lands and resources. They establish allowable resource
uses, resource condition goals and objectives to be attained, program
constraints and general management practices needed to attain the goals
and objectives, general implementation sequences, and intervals and
standards for monitoring and evaluating the plan to determine its
effectiveness and the need for amendment or revision (43 CFR 1601 et
seq.).
The RMPs provide a framework and programmatic guidance for activity
plans, which are site-specific plans written to implement decisions
made in an RMP. Activity plan decisions normally require additional
planning and NEPA analysis (see below). If an RMP contains specific
direction regarding sensitive species habitat, conservation, or
management, it represents an enforceable regulatory mechanism to ensure
that the species and its habitats are considered during permitting and
other decisionmaking regarding BLM lands.
The 2008 Kanab RMP establishes guidance and objectives for the
management of the northern portion of CPSD (BLM 2008, entire). In the
RMP, the BLM commits to ``implement conservation actions identified in
the Conservation Agreement and Strategy for the Coral Pink Sand Dunes
tiger beetle, including maintaining the established 370-acre
conservation area'' (BLM 2008, p. 32). In addition to maintaining
Conservation Area B, the BLM has funded and continues to fund CPSD
tiger beetle monitoring and research activities. BLM was signatory to
the 2013 CCA Amendment and agreed to provide the continued protection
of Conservation Area B and expanded protection on BLM lands within the
dispersal corridor between Conservation Areas A and B (see Ongoing and
Future Conservation Efforts). Although CCAs are not a regulatory
mechanism per se, CCAs can implement conservation measures via
regulatory mechanisms, and the BLM has used its regulatory authority to
implement the specific protections for the CPSD tiger beetle as
outlined in the CCA via its 2008 RMP.
BLM Manual 6840--Special Status Species Management (BLM 2008,
entire) also states that ``Bureau sensitive species will be managed
consistent with species and habitat management objectives in land use
and implementation plans to promote their conservation and to minimize
the likelihood and need for listing under the ESA'' (BLM 2008, pp. 26,
32, 41, 64, and 65). As such, BLM manual 6840 establishes management
policy and direction for BLM's continued involvement in the CCA and its
membership on the conservation committee (Conservation Committee 2009,
p. 7).
With respect to regulatory mechanisms that address climate change,
on December 15, 2009, the Environmental Protection Agency (EPA)
published in the Federal Register (74 FR 66496) a rule titled,
``Endangerment and Cause or Contribute Findings for Greenhouse Gases
under Section 202(a) of the Clean Air Act.'' In this rule, the EPA
Administrator found that the current and projected concentrations of
the six long-lived and directly emitted greenhouse gases (GHGs)--carbon
dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons,
and sulfur hexafluoride--in the atmosphere threaten the public health
and welfare of current and future generations; and that the combined
emissions of these GHGs from new motor vehicles and new motor vehicle
engines contribute to the GHG pollution that threatens public health
and welfare (74 FR 66496). In effect, the EPA has concluded that the
GHGs linked to climate change are pollutants, whose emissions can now
be subject to the Clean Air Act (42 U.S.C. 7401 et seq.) (see 74 FR
66496). However, specific regulations to limit GHG emissions were
proposed in 2010 and have not been finalized and, therefore, cannot be
considered an existing regulatory mechanism. At present, we have no
basis to conclude that implementation of the Clean Air Act in the
future (40 years, based on global climate projections) will
substantially reduce the current rate of global climate change through
regulation of GHG emissions.
However, the establishment of 263 ac (106 ha) of protected habitat
on BLM and Utah State Parks managed lands between Conservation Area A
and B will occur in locations of the CPSD dune feature that are at a
significantly higher elevation than habitat in the central population.
The northern half of the CPSD dune feature is also more densely
vegetated and (see Habitat in Background) should be able to provide
better habitat as the effects of climate change are seen in the CPSD
area. As a result, establishment of this new habitat will allow CPSD
tiger beetle to adjust to the effects of climate change and monitoring
of the species' use of this area will inform any adaptive management
for the species.
NEPA may provide additional protection to CPSD tiger beetle and its
habitat. As explained previously, Federal land management agencies,
such as the BLM, have legislation that specifies how their lands are
managed for sensitive species. The NEPA provides authority for the
Service to assume a cooperating agency role for Federal projects
undergoing evaluation for significant impacts to the human environment.
This includes participating in updates to RMPs. As a cooperating
agency, we have the opportunity to provide recommendations to the
action agency to avoid impacts or enhance conservation for CPSD tiger
beetle and its habitat where it occurs on Federal land. For projects
where we are not a cooperating agency, we often review proposed actions
and provide recommendations to minimize and mitigate impacts to fish
and wildlife resources. However, acceptance of our NEPA recommendations
is not required and is at the discretion of the action agency.
Summary of Factor D
The BLM and Utah State Parks use their regulatory authorities to
implement their commitments in the 2009 CCA, and the 2013 CCA
Amendment. State management of land in Conservation Area A provides
protection for 88 percent of CPSD tiger beetle occupied habitat in the
central population. By the end of 2013, State and Federally managed
lands between Conservation Areas A and B will provide an additional 263
ac (106 ha) of protected habitat for CPSD tiger beetle for dispersal
and colonization. Federal land management by the BLM in the northern
portion of CPSD geologic feature includes 150 ha (370 ac) of protected
habitat and fully protects the northern population. Utah's
Administrative Code prohibits motorized vehicle use in designated
nonmotorized sand dune areas of CPSD State Park (Conservation Area A
and habitat islands within the dispersal corridor), and the BLM's
federal sensitive species and RMP authorities protect CPSD tiger beetle
habitat in Conservation Area B and habitat islands within the dispersal
corridor.
While the Clean Air Act gives the EPA authority to limit GHGs
linked to climate change, our analysis concludes that current
regulation of these gases is not adequate to reduce the current rate of
global climate change. However,
[[Page 61108]]
establishment of newly protected habitat between Conservation Areas A
and B (as managed by State and Federal regulatory agencies) will allow
CPSD tiger beetle to adjust habitat usage to areas that are more
resilient to the effects of climate change.
As evidenced by the discussion above, the species is adequately
protected by the existing regulatory mechanisms; thus, we conclude that
the existing regulatory mechanisms are not inadequate, now or in the
future.
Factor E. Other Natural or Manmade Factors Affecting Its Continued
Existence
Natural and manmade factors affecting the CPSD tiger beetle
include: (1) Sand dune movement; (2) climate change and drought; (3)
small population effects; and (4) cumulative effects of all threats
that may impact the species.
Sand Dune Movement
Movement of the swales due to sand dune movement naturally occurs
in the CPSD system as wind action continues to shape the dunes. Major
dune ridgelines moved approximately 22 m (72 ft) (Knisley and Gowan
2005, p. 4) between 2001 and 2002, and most ridgelines moved 45 m (150
ft) between 2002 and 2010 (Knisley and Gowan 2011, p. 25). Dune
movement can result in a change in suitable habitat conditions for the
CPSD tiger beetle (Knisley and Gowan 2008, pp. 21-22). For example,
dune movement has buried previously occupied swale habitat (Knisley and
Gowan 2008, pp. 21-22). It is likely that dune movement is uncovering
potential habitat as well; however, comprehensive surveys to determine
this have not been conducted (Knisley 2012, pers. comm.). Wind action
created and continues to shape the current CPSD (Ford et al. 2010, p.
387), and we have no evidence to suggest that the rate of dune movement
is increasing. Because CPSD tiger beetle presumably evolved in this
environment, it is likely that the species is adapted to the continual
movement of dunes. We have no evidence demonstrating that dune movement
is a threat to the species now or is likely to become so in the future;
however, additional study of dune movement is recommended.
Climate Change and Drought
Our analyses under the Act include consideration of environmental
changes resulting from ongoing and projected changes in climate. The
terms ``climate'' and ``climate change'' are defined by the
Intergovernmental Panel on Climate Change (IPCC). ``Climate'' refers to
the mean and variability of different types of weather conditions over
time, with 30 years being a typical period for such measurements,
although shorter or longer periods also may be used (IPCC 2007a, p.
78). The term ``climate change'' thus refers to a change in the mean or
variability of one or more measures of climate (e.g., temperature or
precipitation) that persists for an extended period, typically decades
or longer, whether the change is due to natural variability, human
activity, or both (IPCC 2007a, p. 78).
Scientific measurements spanning several decades demonstrate that
changes in climate are occurring, and that the rate of change has been
faster since the 1950s. Based on extensive analyses of global average
surface air temperature, the most widely used measure of change, the
IPCC concluded that warming of the global climate system over the past
several decades is ``unequivocal'' (IPCC 2007a, p. 2). In other words,
the IPCC concluded that there is no question that the world's climate
system is warming.
Examples of other changes include substantial increases in
precipitation in some regions of the world and decreases in other
regions (for these and additional examples, see IPCC 2007a, p. 30;
Solomon et al. 2007, pp. 35-54, 82-85). Various environmental changes
(e.g., shifts in the ranges of plant and animal species, increasing
ground instability in permafrost regions, conditions more favorable to
the spread of invasive species and of some diseases, changes in amount
and timing of water availability) are occurring in association with
changes in climate (see IPCC 2007a, pp. 2-4, 30-33; and Global Climate
Change Impacts in the United States 2009, pp. 27, 79-88).
Results of scientific analyses presented by the IPCC show that most
of the observed increase in global average temperature since the mid-
20th century cannot be explained by natural variability in climate and
is ``very likely'' (defined by the IPCC as 90 percent or higher
probability) due to the observed increase in GHG concentrations in the
atmosphere as a result of human activities, particularly carbon dioxide
emissions from fossil fuel use (IPCC 2007a, pp. 5-6 and figures SPM.3
and SPM.4; Solomon et al. 2007, pp. 21-35). Further confirmation of the
role of GHGs comes from analyses by Huber and Knutti (2011, p. 4), who
concluded it is extremely likely that approximately 75 percent of
global warming since 1950 has been caused by human activities.
Scientists use a variety of climate models, which include
consideration of natural processes and variability, as well as various
scenarios of potential levels and timing of GHG emissions, to evaluate
the causes of changes already observed and to project future changes in
temperature and other climate conditions (e.g., Meehl et al. 2007,
entire; Ganguly et al. 2009, pp. 11555, 15558; Prinn et al. 2011, pp.
527, 529). All combinations of models and emissions scenarios yield
very similar projections of average global warming until about 2030.
Although projections of the magnitude and rate of warming differ after
about 2030, the overall trajectory of all the projections is one of
increased global warming through the end of this century, even for
projections based on scenarios that assume that GHG emissions will
stabilize or decline. Thus, there is strong scientific support for
projections that warming will continue through the 21st century, and
that the magnitude and rate of change will be influenced substantially
by the extent of GHG emissions (IPCC 2007a, pp. 44-45; Meehl et al.
2007, pp. 760-764; Ganguly et al. 2009, pp. 15555-15558; Prinn et al.
2011, pp. 527, 529).
In addition to basing their projections on scientific analyses, the
IPCC reports projections using a framework for treatment of
uncertainties (e.g., they define ``very likely'' to mean greater than
90 percent probability, and ``likely'' to mean greater than 66 percent
probability; see Solomon et al. 2007, pp. 22-23). Some of the IPCC's
key projections of global climate and its related effects include: (1)
It is virtually certain there will be warmer and more frequent hot days
and nights over most of the earth's land areas; (2) it is very likely
there will be increased frequency of warm spells and heat waves over
most land areas; (3) it is very likely that the frequency of heavy
precipitation events, or the proportion of total rainfall from heavy
falls, will increase over most areas; and (4) it is likely the area
affected by droughts will increase, that intense tropical cyclone
activity will increase, and that there will be increased incidence of
extreme high sea level (IPCC 2007b, p. 8, Table SPM.2). More recently,
the IPCC published additional information that provides further insight
into observed changes since 1950, as well as projections of extreme
climate events at global and broad regional scales for the middle and
end of this century (IPCC 2011, entire).
Various changes in climate may have direct or indirect effects on
species. These may be positive, neutral, or negative, and they may
change over time, depending on the species and
[[Page 61109]]
other relevant considerations, such as interactions of climate with
other variables such as habitat fragmentation (for examples, see Franco
et al. 2006; IPCC 2007b, pp. 8-14, 18-19; Forister et al. 2010;
Galbraith et al. 2010; Chen et al. 2011). In addition to considering
individual species, scientists are evaluating possible climate change-
related impacts to, and responses of, ecological systems, habitat
conditions, and groups of species; these studies include
acknowledgement of uncertainty (e.g., Deutsch et al. 2008; Berg et al.
2009; Euskirchen et al. 2009; McKechnie and Wolf 2009; Sinervo et al.
2010; Beaumont et al. 2011; McKelvey et al. 2011; Rogers and Schindler
2011).
Many analyses involve elements that are common to climate change
vulnerability assessments. In relation to climate change, vulnerability
refers to the degree to which a species (or system) is susceptible to,
and unable to cope with, adverse effects of climate change, including
climate variability and extremes. Vulnerability is a function of the
type, magnitude, and rate of climate change and variation to which a
species is exposed, its sensitivity, and its adaptive capacity (IPCC
2007a, p. 89; see also Glick et al. 2011, pp. 19-22). No single method
for conducting such analyses applies to all situations (Glick et al.
2011, p. 3). We use our expert judgment and appropriate analytical
approaches to weigh relevant information, including uncertainty, in our
consideration of various aspects of climate change.
As is the case with all stressors that we assess, even if we
conclude that a species is currently affected or is likely to be
affected in a negative way by one or more climate-related impacts, it
does not necessarily follow that the species meets the definition of an
``endangered species'' or a ``threatened species'' under the Act. If a
species is listed as an endangered or threatened species, knowledge
regarding its vulnerability to, and known or anticipated impacts from,
climate-associated changes in environmental conditions can be used to
help devise appropriate strategies for its recovery.
The IPCC predicts that the resiliency of many ecosystems is likely
to be exceeded this century by an unprecedented combination of climate
change, associated disturbances (e.g., flooding, drought, wildfire, and
insects), and other global drivers (IPCC 2007, pp. 31-33). With medium
confidence, IPCC predicts that approximately 20 to 30 percent of plant
and animal species assessed by the IPCC so far are likely to be at an
increased risk of extinction if increases in global average temperature
exceed 1.5 to 2.5 [ordm]C (3 to 5 [ordm]F) (IPCC 2007a, p. 48).
Regional projections indicate the Southwest, including southern
Utah, may experience the greatest temperature increase of any area in
the lower 48 States (IPCC 2007a, p. 30). Drought probability is
predicted to increase in the Southwest (Karl et al. 2009, pp. 129-134),
with summers warming more than winters, and annual temperature
increasing approximately 2.2 [deg]C (4[emsp14][deg]F) by 2050 (Ray et
al. 2008, p. 29). Additionally, the number of days over 32 [deg]C
(90[emsp14][deg]F) could double by the end of the century (Karl et al.
2009, p. 34). Projections also show declines in snowpack across the
West, with the most dramatic declines at lower elevations (below 2,500
m (8,200 ft)) (Ray et al. 2008, p. 29). A 10 to 30 percent decrease in
precipitation in mid-latitude western North America is projected by the
year 2050, based on an ensemble of 12 climate models (Milly et al.
2005, p. 1). Overall, future projections for the Southwest include
increased temperatures; more intense and longer-lasting heat waves; and
increased probability of drought exacerbated by higher temperatures,
heavier downpours, increased flooding, and increased erosion (Karl et
al. 2009, pp. 129-134).
Utah is projected to warm more than the average for the entire
globe (Governor's Blue Ribbon Advisory Council on Climate Change
(GBRAC) 2008, p. 14). The expected consequences of this warming are
fewer frost days, longer growing seasons, and more heat waves (GBRAC
2008, p. 14). For Utah, the projected increase in annual mean
temperature by year 2100 is about 4.5 [deg]C (8[emsp14][deg]F) (GBRAC
2008, p. 14). Because of increased temperature, Utah soils are expected
to dry more rapidly (GBRAC 2008, p. 20); this is likely to result in
reduced soil moisture levels in CPSD tiger beetle habitat.
Utah is projected to have more frequent heavy precipitation events,
separated by longer dry spells as a result of climate change (GBRAC
2008, p. 15). Drought is a localized dry spell. Drought conditions are
a potential stressor to the CPSD tiger beetle, as rainfall indirectly
controls population size and the changing dynamics of the species
(Knisley and Gowan 2009, p. 8).
Previous drought-like conditions have resulted in drastic CPSD
tiger beetle population declines. For example, low rainfall amounts
from 2001 to 2003 resulted in reduced adult numbers in 2004 and 2005
(Knisley and Gowan 2008, p. 8). Conversely, high adult numbers in 1996
and 2002 followed several years of higher than average rainfall
(Knisley and Gowan 2008, p. 8). These observed population responses to
rainfall are most likely caused by reductions and increases in prey and
soil moisture. Prey is more abundant during wet years, and this
abundance reduces the effects of starvation, decreases development
time, and increases fecundity (Knisley and Hill 2001, p. 391). Soil
moisture seems to have the greatest effect on oviposition and larval
survival. As stated in Factor A, reduced water availability is limiting
to tiger beetles in CPSD, and this is evidenced by the fact that in one
experiment water supplementation increased larval CPSD tiger beetle
survival by 10 percent (Knisley and Gowan 2006, p. 7).
To help the species adapt and be resilient to changing climates,
the 2013 CCA Amendment protects an additional 263 ac (106 ha) (see
Ongoing and Future Conservation Efforts) of CPSD tiger beetle habitat
in the northern area of the CPSD feature at a high elevation and where
swale habitat exists with dense vegetation. This northern area of the
CPSD area will be more resistant to the warming and drying effects of
climate change as temperatures in this area will be somewhat cooler
than where the majority of CPSD tiger beetle are currently found at the
central population. In addition, many swale habitats in this area are
over-vegetated and drying related to climate change would be expected
to reduce vegetation amounts as the effects of climate change take
place in the future. This scenario is expected to result in habitat
that is more moderately vegetated and thus more appropriate CPSD tiger
beetle habitat. Also, expanded habitat in the vicinity of the central
population as a result of the 2013 CCA Amendment will result in a
larger population, which will make the species more resilient to
climate change.
In summary, the limited geographic range of CPSD tiger beetle to
sand dunes and swales within the CPSD geologic feature somewhat limits
the ability of the species to adapt by shifting its range in response
to changing climatic conditions. CPSD tiger beetle survival and
reproduction, as described above, are highly dependent upon soil
moisture, which in turn is dependent upon climatic conditions
(precipitation and temperature). Climate change is predicted to
increase temperatures and increase the likelihood and duration of
drought conditions in Utah. Both of these effects will reduce soil
moisture in CPSD and could impact the CPSD tiger beetle. However, newly
protected CPSD tiger beetle habitat will be located in the higher
elevation northern portion of the
[[Page 61110]]
park. Swale habitats in this area will provide protected dispersal
habitat between Conservation Areas A and B and will also provide
habitat for colonization and population expansion. Some of this habitat
is currently over-vegetated and not currently suitable habitat for the
CPSD tiger beetle, but will become less vegetated and thus more
suitable for the species as temperatures warm and dry the area. For
these reasons, we conclude that environmental changes resulting from
climate change, including drought, will be moderated as a result of
conservation measures in the 2013 CCA Amendment and we do not consider
climate change to be a threat to the species, now or in the future.
Small Population Effects
Here we consider that the CPSD tiger beetle has one of the smallest
geographical ranges of any known insect (Romey and Knisley 2002, p.
170). It is restricted to the CPSD geologic feature and occupies only
202 ha (500 ac) (Morgan et al. 2000, p. 1109).
A species may be considered rare because of a limited geographical
range, specialized habitat, or small population size (Primack 1998, p.
176). In the absence of information identifying threats to a species
and linking those threats to the rarity of a species, we do not
consider rarity alone to be a threat. A species that has always been
rare, yet continues to survive, could be well equipped to continue to
exist into the future. Many naturally rare species have persisted for
long periods within small geographic areas, and many naturally rare
species exhibit traits that allow them to persist despite their small
population sizes. Consequently, the fact that a species is rare does
not necessarily indicate that it may be in danger of extinction.
CPSD tiger beetle has a very limited occupied range and a very
small population size (558 adults in 2005 to a high of 2,944 adults in
2002). It has several characteristics typical of species vulnerable to
extinction including: (1) A very narrow geographic range; (2) only one
known self-sustaining population; and (3) a small population size.
Extinction may be caused by demographic stochasticity due to chance
realizations of individual probabilities of death and reproduction,
particularly in small populations (Shaffer 1981, p. 131; Lande 1993,
pp. 911-912). Environmental stochasticity can result in extinction
through a series of small or moderate perturbations that affect birth
and death rates within a population (Shaffer 1981, p. 131; Lande 1993,
p. 912). Lastly, extinction can be caused by random catastrophes
(Shaffer 1981, p. 131; Lande 1993, p. 912). The proposed rule stated
that the CPSD tiger beetle was vulnerable to extinction due to: (1)
Demographic stochasticity due to its small population size; (2)
environmental stochasticity due to continued small perturbations caused
by ongoing modification and curtailment of its habitat and range from
ORV use; and (3) the chance of random catastrophe such as an extended
drought. However, the enactment of the 2013 CCA Amendment has provided
conservation actions that address these potential threats. The CPSD
tiger beetle population has been increasing in population size for the
last 8 years and is of sufficient size to provide dispersers into newly
protected habitat; newly protected habitat will remove the threat of
ORV use; and the effects of drought and climate change will be offset
by protected habitat that occurs at higher elevations that are cooler
and have an over-abundance of vegetation.
Small populations also can be vulnerable due to a lack of genetic
diversity (Shaffer 1981, p. 132). We have no information regarding
genetic diversity of CPSD tiger beetle. A minimum viable population
(MVP) will vary depending on the species. An MVP of 1,000 may be
adequate for species of normal genetic variability, and an MVP of
10,000 should permit long-term persistence and continued genetic
diversity (Thomas 1990, p. 325). These estimates should be increased by
at least 1 order of magnitude (to 10,000 and 100,000) for insects,
because they usually have greater population variability (Thomas 1990,
p. 326). Based upon available information, CPSD tiger beetle likely
does not meet these minimum population criteria for maintaining genetic
diversity because the estimated population size ranges from 558 to
2,944 individuals. However, the conservation measures that expand
Conservation Area A, and create 263 ac of protected habitat between
Conservation Areas A and B, are expected to bolster CPSD tiger beetle
population numbers, increase the species' resiliency, and thus offset
the species' potential vulnerability to a lack of genetic diversity.
In summary, we do not find that small population size on its own is
a threat to CPSD tiger beetle. Despite, the species' relatively small
population size, the 2009 CCA and the 2013 CCA Amendment conservation
actions will reduce the species vulnerability to extinction due to
demographic stochasticity, environmental stochasticity, and random
catastrophe by removing the threat of ORV use, and by providing
additional protected habitat to allow the species to adjust to drought
and climate change. In addition, the estimated adult CPSD tiger beetle
population has been increasing in size over the last 8 years, and it
was estimated at 2,494 in 2013. This is close to its largest estimated
size (2,944), which occurred in 2002 (see Background). Thus, we do not
consider small population size a threat to the species, now or in the
future.
Cumulative Effects
Some of the threats discussed in this finding could work in concert
with one another to cumulatively create situations that potentially
impact the CPSD tiger beetle beyond the scope of the threats that we
have already analyzed. However, we believe that the suite of
conservation measures in the 1997/2009 CCA and the 2013 CCA Amendment
address and alleviate all of the threats to the CPSD tiger beetle
adequately for the species to persist into the future. Additional
habitat protection areas have removed the threat of ORV use and will
allow the CPSD tiger beetle population to increase in numbers in
habitat where they are currently present but in low numbers. Population
increases will make the species more resilient to the effects of
climate change and small populations. In addition, increased protected
habitat will allow the species to better disperse between the two
existing populations, and newly protected habitat that exists between
the two conservation areas is now available for colonization.
Summary of Factor E
Wind action created and continues to shape the CPSD geologic
feature (Ford et al. 2010, p. 387). Sand dune movement naturally occurs
in this system as wind action continues to shape the dunes. Dune
movement can result in a change in suitable habitat conditions (Knisley
and Gowan 2008, pp. 21-22); however, it is likely that dune movement is
uncovering potential habitat as well as covering previously occupied
habitat (e.g., Gregory 1950, p. 188). CPSD tiger beetle evolved in a
dynamic dune-dominated system, and we have no evidence to suggest that
the rate of dune movement is increasing or decreasing. Thus, we have no
information indicating that dune movement is a threat to this species,
now or is likely to become so in the future.
Utah is projected to have increased temperatures and more frequent
heavy precipitation events, separated by longer dry spells, as a result
of climate change (GBRAC 2008, p. 15). Utah soils are expected to dry
more rapidly as a result
[[Page 61111]]
of increased temperatures (GBRAC 2008, p. 20). Drought duration and
intensity in CPSD will likely increase in the future, magnifying the
soil moisture reductions expected from temperature increases alone.
Precipitation and soil moisture levels currently limit the CPSD tiger
beetle population in the CPSD (Knisley and Gowan 2006, p. 7), and
reductions in soil moisture associated with climate change and drought
could further reduce the CPSD tiger beetle population size. However, a
suite of conservation measures in the 2009 CCA and the 2013 CCA
Amendment address the threats of climate change and drought by
providing protected dispersal habitat, at different elevations, between
Conservation Areas A and B and also providing habitat for population
expansion. Some of this habitat is currently over-vegetated, and not
currently suitable habitat for the species. This will change as
temperatures warm and dry the area--CPSD tiger beetles prefer areas
that are not over-vegetated. In addition, the 2013 CCA Amendment
includes a conservation action to perform vegetation treatments, which
would more quickly transition these areas to more suitable habitat.
Based on the analysis in Factor E, we find environmental changes
resulting from climate change and drought will not become threats to
the CPSD tiger beetle in the future.
The restricted range of the species does not constitute a threat in
itself. However, the species' small population size makes the species
more vulnerable to extinction due to demographic stochasticity,
environmental stochasticity, and random catastrophe, when combined with
the specific threats of ORV use, drought, and climate change. However,
the enactment of the 2013 CCA Amendment has provided conservation
actions that address these potential threats. Newly protected habitat
is of sufficient size to provide dispersal habitat, protection of the
habitat will remove the threat of ORV use, and the effects of drought
and climate change will be offset by protected habitat that occurs at
higher elevations that are cooler and have an over-abundance of
vegetation. Furthermore, the CPSD tiger beetle population has been
increasing in population size for the last 8 years. Therefore, we do
not consider small population size to be a threat to the species, now
or in the future.
Threats can work in concert with one another to cumulatively create
conditions that will impact CPSD tiger beetle beyond the scope of each
individual threat. However, the Service concludes that addressing the
threats identified in the proposed rule independently will prevent
these threats from acting cumulatively.
Determination
As required by the Act, we considered the five factors in assessing
whether the CPSD tiger beetle meets the definition of a threatened or
endangered species. We examined the best scientific and commercial
information available regarding the past, present, and future threats
faced by the species. Based on our review of the best available
scientific and commercial information, we find that the current and
future threats are not of sufficient imminence, intensity, or magnitude
to indicate that the CPSD tiger beetle is in danger of extinction
(endangered), or likely to become endangered within the foreseeable
future (threatened), throughout all or a significant portion of its
range. Therefore, the CPSD tiger beetle does not meet the definition of
a threatened or endangered species, and we are withdrawing the proposed
rule to list the CPSD tiger beetle as a threatened species. Our
rationale for this finding is outlined below.
The CPSD tiger beetle is not in danger of extinction now because
the population has an increasing trend over the past 8 years, and it
has persisted in its current distribution and has been thus far
resilient to random natural impacts. Conservation measures currently
being enacted will expand protected habitat in the central population
area and also increase additional protected habitat for dispersal and
colonization, which is expected to increase resilience to future random
natural impacts. Further, its distribution encompasses and is
representative of the known genetic diversity of the species. As such,
the species has not currently declined to the point that it is subject
to impacts from stochastic events that would result in a change in the
status of the species as a whole. In other words, if the species
continues to persist in its current distribution and in the additional
areas into which it is expected to colonize and disperse, we conclude
that it will have sufficient resiliency, redundancy, and representation
to persist now and in the foreseeable future.
In our proposed rule, we identified several threats that we
expected to significantly impact the status of the species as a whole
into the foreseeable future, which was an appropriate conclusion based
on the best available scientific and commercial information available
at that time. However, since that time, significant ongoing and new
conservation efforts have reduced the magnitude of potential impacts in
the future such that the species no longer meets the definition of a
threatened or endangered species.
In our proposed rule, we identified direct (killing of CPSD tiger
beetles) and indirect effects (habitat loss due to drying, impacts to
vegetation, killing of prey items) of ORV use, small population
effects, and the effects of climate change and drought as threats to
the continued existence of the CPSD tiger beetle. Our conclusion was
based on information about past and current impacts to tiger beetle
habitat due to these stressors, information about continued and future
ORV use within tiger beetle habitat, and the lack of dispersal areas
and high-elevation colonization areas protected from these stressors.
Since the time of our proposed listing, the conservation committee
has made a significant effort to develop and implement additional
conservation measures (2013 CCA Amendment) for the CPSD tiger beetle.
The 2009 CCA contains conservation measures that have been implemented
by the Utah State Parks, BLM, Kane County, and the Service, and have
reduced or eliminated threats to the CPSD tiger beetle (see Ongoing and
Future Conservation Efforts). In addition, through the 2013 CCA
Amendment, the conservation committee has implemented several
conservation measures that address the threat of ORV use by increasing
protected habitat surrounding Conservation Area A; designating
protected habitat areas between Conservation Areas A and B; reassessing
conservation area boundaries on a routine cycle (every 3 years) to
account for shifting dunes, vegetation changes, population increases
and decreases, and resulting changes to suitable habitat; and by
continuing Utah State Parks and BLM law enforcement, education, and
outreach.
When the 2009 and 2013 CCA measures are considered together,
Conservation Area A will protect CPSD tiger beetle occupied swales by
restricting ORV use from 88 percent of the species' central
population's occupied habitat. In addition, ORVs will be restricted
from using a number of habitat islands within the dispersal corridor
between Conservation Areas A and B. This protection will increase the
resiliency of the CPSD tiger beetle and offset the threat of small
population effects by providing additional habitat for the species to
increase in number at the central population, and also by providing
habitat for colonization and dispersal between Conservation Areas A
[[Page 61112]]
and B. The additional colonization and dispersal habitat occurs in
areas that are higher and more heavily vegetated than habitat for the
central population, and thus will offset the threat of climate change
and drought.
Conservation measures that are identified in the 2013 CCA Amendment
can be viewed as having regulatory authority because the signatory
agencies that have implementation authority have the regulatory
controls in place to assure that these measures will be adequately
implemented. In addition, independently addressing and eliminating the
significance of each of the threats identified in the proposed rule
will prevent them from acting cumulatively.
As summarized in the Ongoing and Future Conservation Efforts and
PECE Analysis sections above, we have a high degree of certainty that
the 2009 CCA and the 2013 CCA Amendment will continue to be
implemented. See Table 1 under Ongoing and Future Conservation Efforts
for the status of the 2013 CCA Amendment conservation actions. Our
level of certainty is high because: Signatory agencies have been
compliant with implementation of the conservation actions of the
original 1997 CCA and its 2009 reauthorization; the authorities for
expending funds are in place and CPSD tiger beetle research and
population monitoring has been funded by signatory agencies for the
last 20+ years; signatory agencies have been responsive to designating
additional protected habitat for the species; monitoring and
documentation of compliance with the conservation measures are in
place; annual reports of monitoring have been completed; adaptive
management will be used to reassess conservation boundaries on a
regular basis; and all parties have the legal authorities to carry out
their responsibilities under the 2009 CCA and the 2013 CCA Amendment.
In addition, the estimated adult CPSD tiger beetle population has been
increasing in size over the last 8 years, and it was estimated at 2,494
in 2013. This is close to its largest estimated size (2,944), which
occurred in 2002.
We also have high certainty that the suite of conservation measures
in the 2009 CCA and the 2013 CCA Amendment will be effective at
reducing and eliminating threats to the CPSD tiger beetle to the point
that the species no longer meets the definition of threatened or
endangered species. Our certainty arises from the fact that the
population has been increasing for the past 8 years, and that the
primary effect of both plans is to move current and future ORV impacts
outside of occupied and potential swale habitat. Further, the
agreements have annual monitoring and reporting requirements to ensure
that all of the conservation measures are implemented as planned, and
are effective at removing threats to the CPSD tiger beetle and its
habitat. Non-compliance ORV issues will be discussed at annual meetings
and the adaptive management process will be used to address any
identified issues until they are resolved. Potential solutions to ORV
non-compliance include increasing enforcement, increasing posting of
closed areas, and educational programs. The collaboration between the
Service and other stakeholders requires regular meetings and
involvement of all parties in order to implement the agreement fully.
In summary, we conclude that the conservation efforts have
sufficient certainty of implementation and effectiveness that they can
be relied upon in this final listing determination. Further, we
conclude that conservation efforts have reduced or eliminated current
and future threats to the CPSD tiger beetle to the point that the
species is no longer in danger of extinction now or in the foreseeable
future. Therefore, we are withdrawing our proposed rule to list the
CPSD tiger beetle as a threatened species.
We will continue to monitor the status of the species through
monitoring requirements in the 2009 CCA and 2013 CCA Amendment, and our
evaluation of any other information we receive. These monitoring
requirements will not only inform us of the amount of CPSD tiger beetle
habitat conserved and reclaimed, but will also help inform us of the
status of the CPSD tiger beetle population. Additional information will
continue to be accepted on all aspects of the species. We encourage
interested parties, outside of those parties already signatories to the
2009 CCA and the 2013 CCA Amendment, to become involved in the
conservation of the species.
If at any time data indicate that the protective status under the
Act should be reinstated, for example, we become aware of declining
enforcement of or participation in the CCA or CCA amendment or
noncompliance with the conservation measures, or if there are new
threats or increasing stressors that rise to the level of a threat, we
can initiate listing procedures, including, if appropriate, emergency
listing pursuant to section 4(b)(7) of the Act.
References Cited
A complete list of all references cited in this document is
available on the Internet at http://www.regulations.gov at Docket No.
FWS-R6-ES-2012-0035 or upon request from the Field Supervisor, Utah
Ecological Services Field Office (see ADDRESSES section).
Authors
The primary authors of this document are the staff members of the
Utah Ecological Services Field Office (see ADDRESSES).
Authority
The authority for this action is the Endangered Species Act of
1979, as amended (16 U.S.C. 1531 et seq.).
Dated: September 12, 2013.
Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2013-23165 Filed 10-1-13; 8:45 am]
BILLING CODE 4310-55-P