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Hine's Emerald Dragonfly

Federal Register: Final Revised Critical Habitat for Hine’s Emerald Dragonfly (Somatochlora hineana)


Below is the Summary and Background from the Final Rule. Click here to view or download the entire Federal Register: Final Revised Critical Habitat for Hine's Emerald Dragonfly (61-page PDF)


Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R3–ES–2009–0017] [MO 92210–0–0009–B4]
RIN 1018–AW47

AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule.

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the Hine’s emerald dragonfly (Somatochlora hineana) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 26,531.8 acres (ac) (10,737 hectares (ha)) in 37 units fall within the boundaries of our critical habitat designation. The critical habitat units are located in Cook, DuPage, and Will Counties in Illinois; Alpena, Mackinac, and Presque Isle Counties in Michigan; Crawford, Dent, Iron, Phelps, Reynolds, Ripley, Washington, and Wayne Counties in Missouri; and Door and Ozaukee Counties in Wisconsin.


This rule becomes effective on May 24, 2010.


FOR FURTHER INFORMATION CONTACT: For general information regarding this finding, contact the Field Supervisor, Chicago Ecological Services Field Office, 1250 S. Grove, Suite 103, Barrington, IL 60010 (telephone: 847- 381-2253; facsimile: 847-381-2285). If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800- 877-8339.




It is our intent to discuss only those topics directly relevant to the designation of critical habitat in this rule. We received no new information pertaining to the species’ life history, ecology, or habitat following our 2007 final critical habitat designation. For information on the Hine’s emerald dragonfly, please refer to our proposed critical habitat rule, which we published in the Federal Register on July 26, 2006 (71 FR 42442); the final listing determination, published on January 26, 1995 (60 FR 5267); or the Hine’s Emerald Dragonfly (Somatochlora hineana, Williamson) Recovery Plan (Service 2001).


Previous Federal Actions For information about previous Federal actions for the Hine’s emerald dragonfly, see our proposed critical habitat rule for the species (71 FR 42442). On March 20, 2007, we published a notice that included revisions to the proposed critical habitat, announced the availability of the draft economic analysis (DEA), and reopened the public comment period (72 FR 13061). Because we needed to meet our settlement agreement’s deadline of submitting a final rule to the Federal Register by May 7, 2007, we reopened the comment period for only 14 days. Subsequently, we negotiated a new settlement agreement with the plaintiffs (The Center for Biodiversity et al.) to submit a final rule to the Federal Register by August 23, 2007. Therefore, on May 18, 2007, we published an additional Federal Register document that reopened the comment period on the proposal, revisions to the proposal, and the draft economic analysis for an additional 45 days (72 FR 28016). That comment period ended on July 2, 2007.


On September 5, 2007, we published a final rule in the Federal Register (72 FR 51102) designating 13,221 ac (5,350 ha) as critical habitat for the Hine’s emerald dragonfly in Illinois, Michigan, Missouri, and Wisconsin.


On March 10, 2008, six parties (Northwoods Wilderness Recovery, The Michigan Nature Association, Door County Environmental Council, The Habitat Education Center, Natural Resources Defense Council, and The Center for Biological Diversity) filed a complaint against the Department of the Interior and the Service (Northwoods Wilderness Recovery et al. v. Dirk Kempthorne 1:08–CV–01407) challenging the exclusion of U.S. Forest Service lands from the 2007 final designation of critical habitat for the dragonfly. On February 12, 2009, the U.S. District Court for the Northern District of Illinois approved a settlement agreement in which the Service agreed to a remand, without voiding the critical habitat designation, in order to reconsider the Federal exclusions from the designation of critical habitat for the Hine’s emerald dragonfly. Per that settlement, on April 22, 2009, we published a notice (74 FR 18341) reopening the comment period on the July 26, 2006, proposed critical habitat (71 FR 42442). Upon publication of that notice, the July 26, 2006, proposed critical habitat designation of the U.S. Forest Service lands in Michigan and Missouri was reinstated as proposed. Furthermore, until the effective date of this revised final critical habitat determination (see DATES), the existing designation of critical habitat for the Hine’s emerald dragonfly remains in place and effective.


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Last updated: July 19, 2016