[Federal Register: February 11, 2000 (Volume 65, Number 29)]
[Proposed Rules]               
[Page 6952-6960]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AF89

Endangered and Threatened Wildlife and Plants; Proposed 
Endangered Status for the Ohlone Tiger Beetle (Cicindela ohlone)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.


SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose 
endangered status pursuant to the Endangered Species Act (Act) of 1973, 
as amended, for the Ohlone tiger beetle (Cicindela ohlone). This 
species is endemic to Santa Cruz County, California, and is threatened 
by habitat fragmentation and destruction due to urban development, 
habitat degradation due to invasion of nonnative vegetation, and 
vulnerability to local extirpations from random natural events. This 
proposal, if made final, would extend the Federal protection and 
recovery provisions of the Act to this species.

DATES: Comments from all interested parties received by April 11, 2000 
will be considered. Public hearing requests must be received by March 
27, 2000.

ADDRESSES: If you wish to comment, you may submit your comments and 
materials concerning this proposal by any one of several methods.
    (1) You may submit written comments to the Field Supervisor, U.S. 
Fish and Wildlife Service, Ventura Fish and Wildlife Office, 2493 
Portola Road, Suite B, Ventura, California 93003.
    (2) You may send comments by e-mail to 
ohlonetigerbeetle@r1.fws.gov. Please submit these comments as an ASCII 
file and avoid the use of special characters and any form of 
encryption. Please also include ``Attn: [RIN 1018-AF89]'' and your name 
and return address in your e-mail message. If you do not receive a 
confirmation from the system that we have received your e-mail message, 
contact us directly by calling our Carlsbad Fish and Wildlife Office at 
phone number 805/644-1766.
    (3) You may hand-deliver comments to our Ventura Fish and Wildlife 
Office, 2493 Portola Road, Suite B, Ventura, California 93003.

FOR FURTHER INFORMATION CONTACT: Colleen Sculley, invertebrate 
biologist, Ventura Fish and Wildlife Office, at the above address 
(telephone 805/644-1766; facsimile 805/644-3958).



    The Ohlone tiger beetle (Cicindela ohlone) is a member of the 
Coleopteran family Cicindelidae (tiger beetles), which includes over 
2,000 species worldwide and over 100 species in the United States 
(Pearson and Cassola 1992). Tiger beetles are day-active, predatory 
insects that prey on small arthropods. Because many tiger beetles often 
feed on insect species that are injurious to man and crops, they are 
regarded as beneficial (Pearson and Cassola 1992; Nagano 1982). Adult 
tiger beetles are medium-sized, elongate beetles characterized by their 
usually brilliant metallic green, blue, red, and yellow coloration 
highlighted by stripes and spots. Adults are ferocious, swift, and 
agile predators that seize small prey with powerful sickle-shaped jaws.
    Tiger beetle larvae are also predatory. They live in small vertical 
or slanting burrows from which they lunge and seize passing 
invertebrate prey (Essig 1926; Essig 1942; Pearson 1988). When a prey 
item passes near a burrow, the larva grasps the prey with its strong 
mandibles (mouthparts) and pulls it into the burrow, and once inside 
the burrow, the larva will feed on the captured prey (Essig 1942; 
Pearson 1988). Tiger beetles share similar larval body forms throughout 
the world (Pearson and Cassola 1992). The larvae, either white, 
yellowish, or dusky in coloration, are grub-like and fossorial 
(subterranean), with a hook-like appendage on the fifth abdominal 
segment that anchors the larvae inside their burrows.
    Tiger beetle larvae undergo three instars (larval development 
stages). This period can take 1 to 4 years, but a 2-year period is the 
most common (Pearson 1988). After mating, the tiger beetle female 
excavates a hole in the soil and oviposits (lays) a single egg (Pearson 
1988; Kaulbars and Freitag 1993; Grey Hayes, University of California, 
Santa Cruz, pers. comm. 1998). Females of many species of Cicindela are 
extremely specific in choice of soil type for oviposition (egg laying) 
(Pearson 1988). It is not known at this time how many eggs the Ohlone 
tiger beetle female lays, but other species of Cicindela are known to 
lay between 1 and 14 eggs per female (mean range 3.7 to 7.7), depending 
on the species (Kaulbars and Freitag 1993). After the larva emerges 
from the egg and becomes hardened, it enlarges the chamber that 
contained the egg into a tunnel (Pearson 1988). Before pupation 
(transformation process from larva to adult), the third instar larva 
will plug the burrow entrance and dig a chamber for pupation. After 
pupation, the adult tiger beetle will dig out of the soil and emerge. 
Reproduction may either begin soon after emergence or be delayed 
(Pearson 1988).
    Tiger beetles are a well-studied taxonomic group with a large body 
of scientific literature; the journal Cicindela is devoted exclusively 
to tiger beetles. Scientists have studied the diversity and ecological 
specialization of tiger beetles, and amateur collectors have long been 
attracted by their bright coloration and swift movements. Tiger beetle 
species occur in many different habitats including riparian habitats, 
beaches, dunes, woodlands, grasslands, and other open areas (Pearson 
1988; Knisley and Hill 1992). A common habitat component appears to be 
open sunny areas for hunting and thermoregulation (an adaptive behavior 
to use sunlight or shade to regulate body temperature) (Knisley et al. 
1990; Knisley and Hill 1992). Individual species of tiger beetle are 
generally highly habitat-specific because of oviposition and larval 
sensitivity to soil moisture, composition, and temperature (Pearson 
1988; Pearson and Cassola 1992; Kaulbars and Freitag 1993).
    The Ohlone tiger beetle is endemic to Santa Cruz County, 
California, where it is known only from coastal terraces supporting 
remnant patches of native grassland habitat. Specimens of this species 
were first collected northwest of the City of Santa Cruz, California, 
in 1987, and were first described in 1993 (Freitag et al. 1993). Both 
male and female specimens have been collected.
    The adult Ohlone tiger beetle is a relatively small beetle 
measuring 9.5 to 12.5 millimeters (mm) (0.37 to 0.49 inches (in)) long. 
The adults have large, prominent eyes and metallic green elytra 
(leathery forewings) with small light spots (Freitag et al. 1993). 
Their legs are long, slender, and coppery-green. Freitag et al. (1993) 
describe features that distinguish this species from closely related 
species of Cicindela purpurea and other purpurea group taxa.

[[Page 6953]]

    Two principal distinguishing features of the Ohlone tiger beetle 
are its early seasonal adult activity period and its disjunct 
distribution. While other tiger beetle species, such as Cicindela 
purpurea, are active during spring, summer, or early fall (Nagano 1982; 
Freitag et al. 1993), the Ohlone tiger beetle is active from late 
January to early April (Freitag et al. 1993). The Ohlone tiger beetle 
is the southernmost of purpurea group species in the Pacific coast 
region; its distribution is allopatric (geographically separated) to 
those of similar species (Freitag et al. 1993).
    Ohlone tiger beetle larvae are currently undescribed. However, 
tiger beetle burrows, measuring 4 to 6 mm in diameter (0.16 to 0.23 
in), were found in the same habitat areas where adult Ohlone tiger 
beetles were collected (David Kavanaugh, California Academy of 
Sciences, pers. comm. 1997; V. Cheap, in litt. 1997). The surface 
openings of these burrows are circular and flat with no dirt piles or 
mounds surrounding the circumference (Kim Touneh, Service, pers. obs. 
1997). These burrows are similar to larval burrows belonging to other 
tiger beetle species. Larvae and inactive adults have been excavated 
from these burrows, and the inactive adults collected from these 
burrows were fully mature and easily identified as Ohlone tiger beetles 
(D. Kavanaugh, pers. comm. 1997; V. Cheap, in litt. 1997). Based on 
these collections, Kavanaugh (pers. comm. 1997) concluded that the 
larvae found in these burrows were Ohlone tiger beetle larvae. Further 
investigations of these recently collected larvae are being conducted 
to scientifically characterize and document the morphology of the 
Ohlone tiger beetle larvae (D. Kavanaugh, pers. comm. 1997).
    Ohlone tiger beetle habitat is an open native grassland, with 
California oatgrass (Danthonia californica) and purple needlegrass 
(Stipa pulchra), on level or nearly level slopes. The substrate is 
shallow, pale, poorly drained clay or sandy clay soil that bakes to a 
hard crust by summer, after winter and spring rains cease (Freitag et 
al. 1993). Ohlone tiger beetle habitat is associated with specific soil 
types in Santa Cruz County, either Watsonville loam or Bonnydoon soil 
types. Soil core analyses were conducted for three out of the five 
known population sites; the soil types for these three sites were 
determined to be either Watsonville loam or Bonnydoon (Richard Casale 
and Ken Oster, U.S. Department of Agriculture, Natural Resources 
Conservation Service, pers. comm. 1997).
    Adult Ohlone tiger beetles have been observed in remnant patches of 
native grassland on coastal terraces where bare areas occur among low 
or sparse vegetation. Trails (e.g., foot paths, dirt roads, and bicycle 
paths) are also used. When disturbed, adults will fly to more densely 
vegetated areas (Freitag et al. 1993; Richard Arnold, private 
consultant, pers. comm. 1995). Oviposition by females and subsequent 
larval development also occur in this coastal prairie habitat (i.e., 
open areas among native vegetation) (D. Kavanaugh, pers. comm. 1997; V. 
Cheap, in litt. 1997). The density of larval burrows decreases with 
increasing vegetation cover (G. Hayes, in litt. 1997).
    The historic range of the Ohlone tiger beetle cannot be precisely 
assessed because the species was only recently discovered, and no 
historic specimens or records are available. The earliest specimen 
recorded was collected from a site northwest of the City of Santa Cruz 
in 1987 (Freitag et al. 1993). Based on available information on 
topography, substrates, soils, and vegetation, it is likely that 
suitable habitat for the Ohlone tiger beetle was more extensive and 
continuous prior to the increase in urban development and agriculture. 
Historically, potentially suitable habitat may have extended from 
southwestern San Mateo County to northwestern Monterey County, 
California (Freitag et al. 1993). However, we have no evidence or data 
indicating that this species occurred beyond the present known occupied 
areas of Santa Cruz County. Currently, the extent of potentially 
suitable habitat for the Ohlone tiger beetle is estimated at 81 to 121 
hectares (ha) (200 to 300 acres (ac)) in Santa Cruz County, California 
(Freitag et al. 1993).
    The available data indicate a restricted range and limited 
distribution of the Ohlone tiger beetle. This finding is supported by 
the following considerations. First, many tiger beetle species are 
known to be restricted to specific habitats (Pearson 1988; Knisley and 
Hill 1992; Pearson and Cassola 1992), such as the open native grassland 
occupied by the Ohlone tiger beetle. Second, tiger beetles are widely 
collected and well studied, yet no historic specimens were found in the 
extensive collections of the California Academy of Sciences (Freitag et 
al. 1993). The Ohlone tiger beetle's specialized habitat and restricted 
range may account for the absence of collection records prior to 1987. 
Because Cicindela is a very popular insect genus to collect (Chris 
Nagano, Service, pers. comm. 1993), and because entomologists commonly 
collect out of season and out of known ranges in order to find 
temporally and spatially outlying specimens, one would expect more 
specimens to have been collected if the Ohlone tiger beetle were more 
widespread and common.
    Only five populations of Ohlone tiger beetles are known to exist. 
All known populations are located on coastal terraces supporting 
remnant stands of native grassland. One population occurs northwest of 
the City of Soquel at 60 to 90 meters (m) (200 to 295 feet (ft)) 
elevation. A second population is located in the City of Scotts Valley 
at 210 m (690 ft) elevation; a third is located west of the City of 
Santa Cruz at 110 m (360 ft) elevation on property owned by the County 
of Santa Cruz; a fourth population is found in a preserve northwest of 
the City of Santa Cruz and owned by the City and occurs at about 110 m 
(360 ft) elevation; and the fifth population is found northwest of the 
City of Santa Cruz on properties owned by the University of Santa Cruz 
(University) and the California Department of Parks and Recreation, at 
about 340 m (1115 ft) elevation (Freitag et al. 1993; R. Morgan, in 
litt. 1994; G. Hayes, in litt. 1997). The abundance of individuals in 
each population is unknown. However, each population is localized to 
areas of less than 2 ha (5 ac) (G. Hayes, pers. comm. 1995).
    Researchers conducted two separate surveys to assess the current 
distribution and status of the Ohlone tiger beetle. Between 1990 and 
1994, researchers surveyed 14 sites with native grassland habitat from 
southwestern San Mateo County to southern Santa Cruz County for Ohlone 
tiger beetles. Six additional locations supporting nonnative 
grasslands, but which appeared otherwise suitable, were also surveyed. 
Surveys were conducted from February to April, when Ohlone tiger 
beetles are active. This work documented four of the five known 
populations (R. Morgan, in litt. 1994); the preserve population was not 
known or found during this survey effort.
    A second survey effort, conducted during the 1995 activity season, 
surveyed for populations of Ohlone tiger beetles in coastal grasslands 
from southern San Mateo County to northern Monterey County. Researchers 
visited sites repeatedly through the Ohlone tiger beetle's season of 
activity. These surveys confirmed the four previously known populations 
and discovered the fifth population at the city-owned preserve (G. 
Hayes, in litt. 1997). All five known populations are located within 
the urban areas of the City of

[[Page 6954]]

Santa Cruz and surrounding communities.
    Based on the results of the two survey efforts and the above 
considerations, we conclude that the Ohlone tiger beetle is restricted 
to remnant patches of native grassland on coastal terraces in the mid-
county portion of coastal Santa Cruz County, California.

Previous Federal Action

    On February 18, 1993, we received a petition from Randall Morgan of 
Soquel, California, requesting that we add the Ohlone tiger beetle to 
the list of threatened and endangered species pursuant to the Act. The 
petition contained information indicating that the Ohlone tiger beetle 
has a limited distribution and specialized habitat requirements and is 
threatened by proposed development projects and recreational 
activities. Our 90-day petition finding, published on January 27, 1994, 
in the Federal Register (59 FR 3330), determined that substantial 
information was presented in the petition indicating that listing may 
be warranted. Our 12-month petition finding, published on March 1, 
1996, in the Federal Register (61 FR 8014), concluded a not-warranted 
determination due to inadequate life history information and survey 
data to conclusively determine that the beetle is restricted to the 
described habitat.
    On April 30, 1997, we received a second petition from Grey Hayes of 
Santa Cruz, California, to emergency-list the Ohlone tiger beetle as an 
endangered species under the Act. The petition specified endangered 
status because of the beetle's limited distribution and threats from 
proposed development projects, invasion of nonnative plants, and 
recreational activities. Based on the information provided by the 
petitioner and additional information gathered since the first petition 
in 1993, we determined that emergency-listing the Ohlone tiger beetle 
was not justified but that listing of this species as endangered is 
warranted. Therefore, in our most recent Notice of Review, published on 
October 25, 1999 (64 FR 57534), we included the Ohlone tiger beetle as 
a candidate species. Candidate species are those species for which 
listing is warranted but precluded by other pending listing actions, in 
accordance with section 4(b)(3)(B)(iii) of the Act.
    The processing of this proposed rule conforms with our current 
Listing Priority Guidance published in the Federal Register on October 
22, 1999 (64 FR 57114). The guidance clarifies the order in which we 
will process rulemakings. Highest priority is processing emergency 
listing rules for any species determined to face a significant and 
imminent risk to its well-being (Priority 1). Second priority (Priority 
2) is processing final determinations on proposed additions to the 
lists of endangered and threatened wildlife and plants. Third priority 
is processing new proposals to add species to the lists. The processing 
of administrative petition findings (petitions filed under section 4 of 
the Act) is the fourth priority. The processing of critical habitat 
determinations (prudency and determinability decisions) and proposed or 
final designations of critical habitat will no longer be subject to 
prioritization under the Listing Priority Guidance. This proposed rule 
is a Priority 3 action and is being completed in accordance with the 
current Listing Priority Guidance.

Peer Review

    In accordance with interagency policy published on July 1, 1994 (59 
FR 34270), upon publication of this proposed rule in the Federal 
Register we will solicit expert reviews by at least three specialists 
regarding pertinent scientific or commercial data and assumptions 
relating to the taxonomic, biological, and ecological information for 
the Ohlone tiger beetle. The purpose of such a review is to ensure that 
listing decisions are based on scientifically sound data, assumptions, 
and analyses, including the input of appropriate experts.

Summary of Factors Affecting the Species

    Section 4 of the Act and regulations (50 CFR part 424) issued to 
implement the listing provisions of the Act set forth the procedures 
for adding species to the Federal lists. 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). These factors and their 
application to the Ohlone tiger beetle (Cicindela ohlone) are as 
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. Loss of habitat is the principal 
threat to insect species worldwide because of their close associations 
with, and dependence on, specific habitats (Pyle et al. 1981). The 
effects of habitat destruction and modification on tiger beetle species 
have been documented by Knisley and Hill (1992) and Nagano (1982). The 
Ohlone tiger beetle is restricted to remnant patches of native 
grassland on coastal terraces where low and sparse vegetation provide 
space for foraging, reproduction, and thermoregulation, and support a 
prey base of other invertebrate species. The poorly drained clay or 
sandy clay substrate of the coastal terraces provides the soil 
moisture, composition, and temperature conditions necessary for 
oviposition and larval development (Pearson 1988; Kaulbars and Freitag 
    The five known populations of the Ohlone tiger beetle are 
threatened by habitat destruction by urban development and/or habitat 
modification by invasive nonnative vegetation. Disturbance of the 
substrate and removal or elimination of vegetation by urban development 
kills or injures individuals and precludes others from feeding, 
sheltering, or reproducing. Historically, potentially suitable habitat 
is believed to have extended from southwestern San Mateo County to 
northwestern Monterey County, California (Freitag et al. 1993). Most of 
this habitat has been modified or destroyed by human actions such as 
urbanization and agriculture (Freitag et al. 1993).
    About 6,060 to 8,080 ha (15,000 to 20,000 ac) of native grassland 
remain in Santa Cruz County, and not more than 81 to 121 ha (200 to 300 
ac) contain the proper combination of substrate, slope, and exposure 
(bare areas between patches of grasses) to be considered suitable 
habitat for the Ohlone tiger beetle (Freitag et al. 1993). Nearly all 
of this suitable habitat is located within or adjacent to urbanized 
areas in the coastal mid-county area of Santa Cruz. Much of the City of 
Santa Cruz and its adjacent towns were built on these marine terrace 
grassland habitats (Freitag et al. 1993). Within suitable habitat, the 
beetle occupies only sparsely vegetated areas and bare areas, which are 
artifacts of trails or past grazing sites. The total extent of the area 
occupied by the beetle is estimated to be 10 ha (25 ac) or less.
    The Ohlone tiger beetle population northwest of the City of Soquel 
is threatened by a proposed 21-lot residential development. The 
preferred alternative of the proposed project would completely 
extirpate the Ohlone tiger beetle population by eliminating all of the 
known occupied habitat and most of the extant grassland habitat found 
on this site. One alternative in the final environmental impact report 
for the project does propose that the majority of suitable habitat for 
the Ohlone tiger beetle be set-aside and managed to reduce nonnative 
vegetation and enhance habitat quality. The county is currently waiting 
for the applicant to submit design reviews in a supplemental 
environmental impact

[[Page 6955]]

report, which would then be available for public review. When this 
report will be available for review or whether the alternatives will 
contain changes that might affect the Ohlone tiger beetle is not known 
(Kim Tschantz, County of Santa Cruz, pers. comm. 1999).
    The population site located in the City of Scotts Valley was 
proposed for development of 233 residential homes and an open park 
containing two ballfields. This proposed project would have set aside 
most of the beetle's occupied habitat by fencing a 30-m (100-ft) wide 
area between the two ballfields, but construction would still have 
occurred on adjacent occupied areas and known grassland habitat would 
have been eliminated. The adjacent development could have led to 
potential disturbance, such as pesticide drift, soil erosion, and 
vegetation alteration. In addition, the isolated population would have 
been more vulnerable to random extinction (see Factor E of this 
section). A final environmental impact report for this project was 
completed in the summer of 1998 (Impact Sciences, Inc. 1998). However, 
this proposed development was voted down in a referendum, thus halting 
the development of this property for the present time. The landowner is 
now considering both alternative development plans and the sale of the 
land. Local agencies and conservation groups are interested in 
purchasing the land as open space, but funding sources have not been 
identified. The future plans for the site are not known (Laura Kuhn, 
City of Scotts Valley, pers. comm. 1999).
    A portion of the third population site for the Ohlone tiger beetle, 
located west of the City of Santa Cruz, was proposed as a residential 
housing development. The property was originally zoned as part of the 
Santa Cruz Greenbelt. However, that designation expired in 1994, and 
the property owners began to consider developing the property. In the 
spring of 1999, the City of Santa Cruz purchased the property, and it 
will be managed as open space by the City. The State of California will 
hold a conservation easement on the land. A management plan will be 
developed by the City of Santa Cruz, and the Ohlone tiger beetle will 
be considered in the plan. At the present time, the site is closed to 
public use except for officially escorted hikes (Susan Harris, City of 
Santa Cruz, pers. comm. 1999).
    The rest of the third population site is still on private land. In 
September 1998, the property owners tilled up a large percentage of the 
area the Ohlone tiger beetle occupied, in preparation for converting 
the land from livestock grazing to a vineyard (G. Hayes, pers. comm. 
1998). Whether the species has been completely extirpated from this 
site is not known.
    The fourth population of Ohlone tiger beetles occurs northwest of 
Santa Cruz on land managed as a preserve by the California Department 
of Parks and Recreation (CDPR). The CDPR wants to develop their 
property and has a proposal for the opening of existing trails and the 
construction of a vehicle entrance road and parking area. The entrance 
road would be developed over a portion of occupied habitat. The vehicle 
parking area would be constructed adjacent to the Ohlone tiger beetle's 
occupied habitat. However, in the public works plan for this site, CDPR 
established a policy that road maintenance or other activities will be 
scheduled to minimize impacts on burrows, larval habitat, foraging 
activities, or other aspects of the population (CDPR 1997).
    Property adjacent to the CDPR land is managed by the University of 
California, Santa Cruz (University), and a population of the beetle is 
known to occur on this property. Areas that the Ohlone tiger beetle 
inhabit are designated in the University's Long Range Development Plan 
for Site-Specific Research, Campus Resource Lands, and Environmental 
Reserve (University of California 1992). Although some development is 
possible in site-specific research areas and campus resource lands, no 
development projects are anticipated at this time (Graham Bice, 
University of California, pers. comm. 1995; G. Hayes, pers. comm. 
    In addition to the development threats to the Ohlone tiger beetle, 
the invasion of nonnative vegetation threatens the already reduced 
extent of suitable habitat for this species. Despite being relatively 
free of development threats, the fifth population site, located 
northwest of the City of Santa Cruz and owned by the City, is 
threatened by habitat degradation due to the invasion of nonnative 
plant species into the coastal prairie. Nonnative vegetation and forest 
vegetation are encroaching into grassland habitats and out-competing 
native grassland habitats and out-competing native grassland vegetation 
(S. Harris, pers. comm. 1998). The City is attempting to maintain the 
species' habitat by mowing parts of it to provide bare ground, and 
trails near where the Ohlone tiger beetle occurs will be closed to 
bicycles (S. Harris, pers. comm. 1999).
    The other four populations of Ohlone tiger beetle are also 
threatened by invasion of nonnative vegetation (e.g., French broom 
(Cytisus monspessulanus), velvet grass (Holcus spp.), filaree (Erodium 
spp.), and Eucalyptus spp.) (R. Morgan, in litt. 1992; G. Hayes, in 
litt. 1997; G. Hayes, pers. comm. 1997). These nonnative plants are 
aggressive invaders that convert sunny, native grassland needed by 
Ohlone tiger beetles to habitat dominated by an overstory that shades 
the bare areas among the low or sparse native vegetation, thus covering 
the open sunny areas required by the Ohlone tiger beetle to 
thermoregulate, forage, and oviposit. In addition to shading these 
areas used by the beetle, the nonnative vegetation fills in the open 
spaces among the low or sparse vegetation creating an unsuitable 
densely vegetated habitat. Nonnative vegetation may also affect the 
numbers and diversity of the beetle's prey, predators, and parasites 
(see Factor C of this section). Increased vegetation encroachment is 
the primary factor attributed to the extirpation of several populations 
of other Cicindela species (e.g., C. abdominalis and C. debilis) 
(Knisley and Hill 1992). Without management efforts to reduce and 
control nonnative species, the populations of Ohlone tiger beetle will 
likely decline because of habitat degradation.
    Areas that may once have been suitable for Ohlone tiger beetles 
have been converted to nonnative grasslands, or have been developed 
because the firm, level substrate of the coastal terraces afforded good 
building sites with scenic views of the Pacific Ocean. For the same 
reasons that other terraces have already been developed, remaining 
areas of suitable habitat are under great development pressure.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. Members of the genus Cicindela may be the subject 
of more intense collecting and study than any other single insect 
genus. Tiger beetle specimens are highly sought by amateur collectors 
(C. Nagano, pers. comm. 1993). In light of the recent discovery of the 
Ohlone tiger beetle, and concerns regarding its continued existence, 
the desirability of this species to private collectors may increase, 
leading to increased collection of specimens. The original petitioner 
for the Ohlone tiger beetle has been contacted by several people from 
such places as France, Wisconsin, and California, looking for Ohlone 
tiger beetle specimens they can add to their private collections, as 
well as those asking where the colonies are located and indicating they 
want to collect the species at those locations (R. Morgan, pers. comm. 
1998). Listing this

[[Page 6956]]

species as endangered will likely increase its attractiveness to 
private collectors. Unrestricted collecting is considered a threat to 
the species. Although the reproductive rate for the Ohlone tiger beetle 
is unknown, females of other species of Cicindela produce between 3.7 
and 7.7 (mean range) eggs (Kaulbers and Freitag 1993). If the Ohlone 
tiger beetle has a similarly low reproductive rate, even limited 
collecting could have harmful effects on its reproductive or genetic 
viability and lead to extinction of the species.
    The Ohlone tiger beetle is not likely to be used as a model 
organism for general research projects because it is a rare and limited 
species. It may be the subject of studies intended to improve 
understanding of the species' ecology and to improve management 
strategies for its conservation. Although such studies would directly 
benefit the recovery of the Ohlone tiger beetle, they may contribute 
cumulatively to other threats to the species.
    C. Disease or Predation. No diseases are known to threaten the 
Ohlone tiger beetle. However, the Ohlone tiger beetle may be affected 
by any of several predators and parasites known to prey upon, and 
afflict, other tiger beetle species. The parasites are considered to 
have greater effects than predators (Nagano 1982; Pearson 1988). Known 
tiger beetle predators include birds, shrews (Soricidae), raccoons 
(Procyon lotor), lizards (Lacertilia), toads (Bufonidae), ants 
(Formicidae), robber flies (Asilidae) and dragonflies (Anisoptera) 
(Lavigne 1972; Nagano 1982; Pearson 1988). Known tiger beetle parasites 
include ant-like wasps of the family Typhiidae, especially the genera 
Mathoca, Karlissa, and Pterombrus, and the Bombyliid flies of the genus 
Anthrax (Nagano 1982; Pearson 1988). These insect parasites are 
distributed worldwide and specialize on tiger beetle larvae.
    Predators and parasites play important roles in the natural 
dynamics of populations and ecosystems. However, the effects of 
predation and parasitism may pose substantial threats to Ohlone tiger 
beetle populations already affected by other factors, especially 
limited distribution and small, isolated populations. At this time, the 
magnitude of predation and parasitism on the Ohlone tiger beetle is not 
    D. The inadequacy of existing regulatory mechanisms. Regulatory 
mechanisms currently in effect do not provide adequate protection for 
the Ohlone tiger beetle and its habitat. Federal agencies are not 
legally required to consider and manage for species of concern.
    At the State and local levels, regulatory mechanisms are also 
inadequate. The California Endangered Species Act does not allow for 
the listing of invertebrate species. State and local agencies may 
consider the Ohlone tiger beetle when evaluating certain activities for 
compliance with the California Environmental Quality Act (CEQA) and 
local zoning regulations. If an activity is identified as having a 
significant impact on this species, mitigation measures may be required 
by State and local regulatory agencies to offset these impacts. 
However, CEQA and local regulations do not provide specific protection 
measures to ensure the continued existence of the Ohlone tiger beetle. 
In addition, CEQA provisions for ``Statements of Overriding 
Considerations'' can allow projects to proceed despite unmitigated 
adverse impacts.
    Ohlone tiger beetle habitat occurs on properties owned by the 
University, the CDPR, and the City of Santa Cruz. The University does 
not have a management plan that specifically protects the Ohlone tiger 
beetle or its habitat (G. Hayes, pers. comm. 1997). The CDPR has an 
existing Public Works Plan that calls for surveys to verify the 
occupied habitat boundary of the Ohlone tiger beetle and proposes to 
minimize the impacts of disturbance to the Ohlone tiger beetle during 
road maintenance and other scheduled activities in the plan (G. Gray, 
CDPR, pers. comm. 1997). However, a local citizen has expressed concern 
that surveys and minimization measures are not being adequately carried 
out (G. Hayes, in litt. 1999). For the site northwest of Santa Cruz, 
the City of Santa Cruz Parks and Recreation Department's Proposed 
Master Plan for the preserve proposes increased usage of existing 
trails, but identifies the Ohlone tiger beetle and its habitat as 
sensitive resources. The proposed master plan includes a management 
program for Ohlone tiger beetle habitat; however, implementation of any 
management actions will depend on future funding (S. Harris, per. comm. 
    For the site west of the City of Santa Cruz, a management plan will 
eventually be developed since this property has been purchased as open 
space. The property is officially closed to public use except for 
officially escorted hikes. However, the enforcement of this closure may 
not be adequate.
    Because the Ohlone tiger beetle is not listed at the State or 
Federal levels, nothing prohibits importing, exporting, sale, or trade 
of the species.
    E. Other natural or manmade factors affecting its continued 
existence. The five populations of the Ohlone tiger beetle are isolated 
and restricted to relatively small patches of habitat. Because a direct 
correlation exists between increased extinction rates with the 
reduction of available habitat area and increased distances between 
small populations (Gilpin 1987), the small, isolated populations of the 
Ohlone tiger beetle are more vulnerable to local extinction from random 
genetic and demographic events or environmental catastrophes. The small 
sizes of occupied habitat also reduce the ability of the habitats to 
buffer against edge effects and other influences from adjacent 
developed areas, such as pesticide drift, soil erosion, and vegetation 
    Although some species of tiger beetles are known to disperse over 
sizable distances (Pearson 1988), species from the purpurea group of 
the genus Cicindela typically do not disperse widely, usually 12 to 18 
m (40 to 60 ft) (David Pearson, Arizona State University, pers. comm. 
1997). The dispersal capabilities of Ohlone tiger beetles are unknown; 
however, because the Ohlone tiger beetle belongs to the purpurea group, 
its dispersal distance is most likely narrow. Assuming individuals to 
be capable of dispersing distances comparable to those between 
populations, the likelihood of successful emigration or colonization is 
greatly reduced by the small size of suitable habitat patches and the 
unavailability of even marginal habitat among the extensive urban 
development in the region.
    Some recreational uses of Ohlone tiger beetle habitat (i.e., off-
road motor vehicle use or heavy bicycling) may pose a threat to the 
Ohlone tiger beetles. The beetles require open ground to maneuver, take 
prey, and lay eggs. They use the hard-packed bicycle trails for 
foraging, thermoregulation, and laying their eggs (R. Morgan, pers. 
comm. 1998). Bicycle traffic on a trail through the University site has 
been observed to result in the crushing of several individual beetles 
(R. Morgan, in litt. 1993). Similar mortality has been observed in the 
species' habitat west of the City of Santa Cruz (R. Morgan, in litt. 
1993) and may occur in other Ohlone tiger beetle populations. Also, 
bicycle and foot traffic could potentially collapse larval tunnels and 
crush the larvae. The significance of such mortality for population 
viability is not known at this time, but is considered a potential 
threat to the Ohlone tiger beetle, particularly if bicycle traffic 
through the habitat increases. Heavy

[[Page 6957]]

vehicular traffic in areas with extensive use of public trails, such as 
on Santa Cruz University, City of Santa Cruz, and CDPR land, may also 
create soil compaction and rutting, damaging potential oviposition 
sites. Populations of another tiger beetle species found in the 
northeastern United States, Cicindela dorsalis dorsalis, were 
extirpated in several localities that were subjected to heavy 
recreational use (i.e., heavy pedestrian foot traffic and vehicular 
use) but survived at other sites that had received little or no 
recreational disturbance (Knisley and Hill 1992).
    Pesticides could pose a threat to the Ohlone tiger beetle. The 
effects of insecticides on other tiger beetle species are referenced by 
Nagano (1982). Local land owners may use pesticides to control targeted 
invertebrate species around their homes and gardens. These pesticides 
may drift aerially or be transported by water runoff into Ohlone tiger 
beetle habitat where they may kill nontargeted organisms including the 
Ohlone tiger beetle or its prey species. As urban development increases 
near or in Ohlone tiger beetle habitat, negative impacts from 
pesticides may become more frequent. The significance of pesticide 
effects is not known at this time, but they are recognized as a 
substantial potential threat to the species.
    In making this proposed rule determination, we have carefully 
assessed the best scientific and commercial information available 
regarding the past, present, and future threats faced by the Ohlone 
tiger beetle. Threats to the five populations of Ohlone tiger beetle, 
including habitat fragmentation and destruction due to urban 
development, habitat degradation due to invasion of nonnative 
vegetation, vulnerability to random local extirpations, and potential 
threats due to collection, pesticides, and recreational use of habitat, 
imperil the continued existence of this species. Much of the habitat of 
this species is suitable for development and is unprotected from these 
threats. The Ohlone tiger beetle is known from only five populations. 
This species is in danger of extinction ``throughout all or a 
significant portion of its range'' (section 3(6) of the Act) and, 
therefore, meets the Act's definition of endangered. Because of the 
high potential for these threats, if realized, to result in the 

extinction of the Ohlone tiger beetle, the preferred action is to list 
this species as endangered.

Critical Habitat

    Critical habitat is defined in section 3, paragraph (5)(A) of the 
Act as the specific areas within the geographical area occupied by a 
species, at the time it is listed in accordance with the Act, on which 
are found those physical or biological features essential to the 
conservation of the species and which may require special management 
considerations or protection; and specific areas outside the 
geographical area occupied by the species at the time it is listed in 
accordance with the provisions of section 4 of the Act, upon a 
determination by the Secretary that such areas are essential for the 
conservation of the species. ``Conservation'' means the use of all 
methods and procedures needed to bring the species to the point at 
which listing under the Act is no longer necessary.
    Critical habitat designation, by definition, directly affects only 
Federal agency actions through consultation under section 7(a)(2) of 
the Act. Section 7(a)(2) requires Federal agencies to ensure that 
activities they authorize, fund, or carry out are not likely to 
jeopardize the continued existence of a listed species or destroy or 
adversely modify its critical habitat.
    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, we designate critical habitat at the time the species 
is determined to be endangered or threatened. Our regulations (50 CFR 
424.12(a)(1)) state that the designation of critical habitat is not 
prudent when one or both of the following situations exist--(1) the 
species is threatened by taking or other human activity, and 
identification of critical habitat can be expected to increase the 
degree of threat to the species, or (2) such designation of critical 
habitat would not be beneficial to the species.
    The Final Listing Priority Guidance for FY 1999/2000 (64 FR 57114) 
states, that the processing of critical habitat determinations 
(prudency and determinability decisions) and proposed or final 
designations of critical habitat will no longer be subject to 
prioritization under the Listing Priority Guidance. Critical habitat 
determinations, which were previously included in final listing rules 
published in the Federal Register, may now be processed separately, in 
which case stand-alone critical habitat determinations will be 
published as notices in the Federal Register. We will undertake 
critical habitat determinations and designations during FY 1999 and FY 
2000 as allowed by our funding allocation for that year. As explained 
in detail in the Listing Priority Guidance, our listing budget is 
currently insufficient to allow us to immediately complete all of the 
listing actions required by the Act.
    We propose that critical habitat is prudent for the Ohlone tiger 
beetle. In the last few years, a series of court decisions have 
overturned Service determinations regarding a variety of species that 
designation of critical habitat would not be prudent (e.g., Natural 
Resources Defense Council v. U.S. Department of the Interior 113 F. 3d 
1121 (9th Cir. 1997); Conservation Council for Hawaii v. Babbitt, 2 F. 
Supp. 2d 1280 (D. Hawaii 1998)). Based on the standards applied in 
those judicial opinions, we believe that designation of critical 
habitat would be prudent for the Ohlone tiger beetle.
    Due to the small number of populations, Ohlone tiger beetle is 
vulnerable to unrestricted collection, vandalism, or other disturbance. 
We are concerned that these threats might be exacerbated by the 
publication of critical habitat maps and further dissemination of 
locational information. However, at this time we do not have specific 
evidence for Ohlone tiger beetle of taking, vandalism, collection, or 
trade of this species or any similarly situated species. Consequently, 
consistent with applicable regulations (50 CFR 424.12(a)(1)(i)) and 
recent case law, we do not expect that the identification of critical 
habitat will increase the degree of threat to this species of taking or 
other human activity.
    In the absence of a finding that critical habitat would increase 
threats to a species, if any benefits would derive from critical 
habitat designation, then a prudent finding is warranted. In the case 
of this species, designation of critical habitat may provide some 
benefits. The primary regulatory effect of critical habitat is the 
section 7 requirement that Federal agencies refrain from taking any 
action that destroys or adversely modifies critical habitat. While a 
critical habitat designation for habitat currently occupied by this 
species would not be likely to change the section 7 consultation 
outcome because an action that destroys or adversely modifies such 
critical habitat would also be likely to result in jeopardy to the 
species, there may be instances where section 7 consultation would be 
triggered only if critical habitat is designated. Examples could 
include unoccupied habitat or occupied habitat that may become 
unoccupied in the future. Designating

[[Page 6958]]

critical habitat may also produce some educational or informational 
benefits. Therefore, we propose that critical habitat is prudent for 
Ohlone tiger beetle. However, the deferral of the critical habitat 
designation for Ohlone tiger beetle will allow us to concentrate our 
limited resources on higher priority critical habitat and other listing 
actions, while allowing us to put in place protections needed for the 
conservation of Ohlone tiger beetle without further delay. We 
anticipate in FY 2000 and beyond giving higher priority to critical 
habitat designation, including designations deferred pursuant to the 
Listing Priority Guidance, such as the designation for this species, 
than we have in recent fiscal years.
    We plan to employ a priority system for deciding which outstanding 
critical habitat designations should be addressed first. We will focus 
our efforts on those designations that will provide the most 
conservation benefit, taking into consideration the efficacy of 
critical habitat designation in addressing the threats to the species, 
and the magnitude and immediacy of those threats. We will make the 
final critical habitat determination with the final listing 
determination for Ohlone tiger beetle. If this final critical habitat 
determination is that critical habitat is prudent, we will develop a 
proposal to designate critical habitat for Ohlone tiger beetle as soon 
as feasible, considering our workload priorities. Unfortunately, for 
the immediate future, most of Region 1's listing budget must be 
directed to complying with numerous court orders and settlement 
agreements, as well as due and overdue final listing determinations.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
activities. Recognition through listing results in public awareness and 
conservation actions by Federal, State, and local agencies, private 
organizations, and individuals. The Act provides for possible land 
acquisition and cooperation with the States and requires that recovery 
actions be carried out for all listed species. The protection required 
of Federal agencies and the prohibitions against taking and harm are 
discussed, in part, below.
    Section 7(a) of the Act, as amended, requires Federal agencies to 
evaluate their actions with respect to any species that is proposed or 
listed as endangered or threatened, and with respect to its critical 
habitat, if any is being designated. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(4) of the Act requires Federal agencies to 
confer with us on any action that is likely to jeopardize the continued 
existence of a species proposed for listing or result in destruction or 
adverse modification of proposed critical habitat. If a species is 
listed subsequently, section 7(a)(2) of the Act requires Federal 
agencies to ensure that activities they authorize, fund, or carry out 
are not likely to jeopardize the continued existence of the species or 
destroy or adversely modify its critical habitat. If a Federal action 
may affect a listed species or its critical habitat, the responsible 
Federal agency must enter into formal consultation with us.
    Federal involvements are not known to exist within the habitat of 
the Ohlone tiger beetle. If any Federal agency were to fund or issue 
permits for a project that may affect the Ohlone tiger beetle, that 
agency would be required to consult with us. Possible nexuses include 
the Department of Housing and Urban Development and the Department of 
Commerce's Small Business Administration for funding, and the U.S. Army 
Corps of Engineers for permits authorized under section 404 of the 
Clean Water Act.
    Listing the Ohlone tiger beetle as endangered will provide for the 
development of a recovery plan. Such a plan will bring together 
Federal, State, and local efforts for its conservation. The plan will 
establish a framework for cooperation and coordination in conservation 
efforts. The plan will set recovery priorities and estimate costs of 
various tasks necessary to accomplish them. It also will describe site-
specific management actions necessary to achieve the conservation and 
survival of the Ohlone tiger beetle.
    The Act and implementing regulations set forth a series of general 
prohibitions and exceptions that apply to all endangered wildlife. 
These prohibitions, in part, make it illegal for any person subject to 
the jurisdiction of the United States to take (includes harass, harm, 
pursue, hunt, shoot, wound, kill, trap, capture, or collect; or to 
attempt any of these), import or export, ship in interstate commerce in 
the course of commercial activity, or sell or offer for sale in 
interstate or foreign commerce any endangered wildlife species. It is 
also illegal to possess, sell, deliver, carry, transport, or ship any 
such wildlife that has been taken illegally. Certain exceptions apply 
to our agents and State conservation agencies.
    Permits may be issued to carry out otherwise prohibited activities 
involving endangered wildlife under certain circumstances. Regulations 
governing permits are codified at 50 CFR 17.22 and 17.23. For 
endangered species, such permits are available for scientific purposes, 
to enhance the propagation or survival of the species, and for 
incidental take in connection with otherwise lawful activities.
    As published in the Federal Register on July 1, 1994 (59 FR 34272), 
it is our policy to identify to the maximum extent practicable at the 
time a species is listed those activities that would or would not 
constitute a violation of section 9 of the Act. The intent of this 
policy is to increase public awareness of the effect of this listing on 
proposed and ongoing activities within the species' range.
    We believe that, based on the best available information, if the 
Ohlone tiger beetle is listed under the Act, the following actions are 
not likely to result in a violation of section 9, provided these 
activities are carried out in accordance with existing regulations and 
permit requirements:
    (1) Possession, delivery, or movement, including interstate 
transport and import into or export from the United States, involving 
no commercial activity, of dead specimens of this taxon that were 
collected prior to the date of publication in the Federal Register of a 
final regulation adding this taxon to the list of endangered species; 
and (2) Activities conducted in accordance with reasonable and prudent 
measures identified by us in a biological opinion issued pursuant to 
section 7 of the Act, and activities authorized under section 10 of the 
    We believe that the following actions could result in a violation 
of section 9; however, possible violations are not limited to these 
actions alone:
    (1) Collection of specimens of this taxon for private possession or 
deposition in an institutional collection;
    (2) Sale or purchase of specimens of this taxon, except for 
properly documented antique specimens of this taxon at least 100 years 
old, as defined by section 10(h)(1) of the Act;
    (3) The unauthorized release of biological control agents that 
attack any life stage of this taxon; and
    (4) Noncompliance with the California Department of Parks and 
Recreation management plans that restrict recreational uses (i.e., 
biking and foot traffic) of areas designated as occupied habitat by the 
Ohlone tiger beetle.

[[Page 6959]]

    Questions regarding whether specific activities would constitute a 
violation of section 9 should be directed to our Ventura Fish and 
Wildlife Office (see ADDRESSES section).
    To request copies of the regulations concerning listed wildlife or 
to inquire about prohibitions of section 9, contact our Ventura Fish 
and Wildlife Office (see ADDRESSES section). Requests for copies of 
regulations for issuing permits may be addressed to the U.S. Fish and 
Wildlife Service, Ecological Services, Endangered Species Permits, 911 
N.E. 11th Avenue, Portland, Oregon, 97232-4181 (telephone 503/231-2063; 
facsimile 503/231-6243).

Public Comments Solicited

    Our intent is for any final action resulting from this proposal to 
be as accurate and as effective as possible. Therefore, we solicit 
comments or suggestions from the public, other concerned governmental 
agencies, the scientific community, industry, or any other interested 
party concerning this proposed rule. Our practice is to make comments, 
including names and home addresses of respondents, available for public 
review during regular business hours. Individual respondents may 
request that we withhold their home address from the rulemaking record, 
which we will honor to the extent allowable by law. In certain 
circumstances, we would withhold from the rulemaking record a 
respondent's identity, as allowable by law. If you wish us to withhold 
your name and/or address, you must state this prominently at the 
beginning of your comment. However, we will not consider anonymous 
comments. We will make all submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, available 
for public inspection in their entirety. All comments, including 
written and e-mail, must be received in our Ventura Fish and Wildlife 
Office by April 11, 2000. We particularly seek comments concerning:
    (1) Biological, commercial, trade, or other relevant data 
concerning threat (or lack thereof) to the Ohlone tiger beetle.
    (2) The location of any additional populations of Ohlone tiger 
beetle and the reasons why any habitat should or should not be 
determined to be critical habitat for this species pursuant to section 
4 of the Act.
    (3) Additional information concerning the essential habitat 
features (biotic and abiotic), range, distribution, population size of 
this taxon, and information relating to the distributions of 
genetically distinct individuals within the population.
    (4) Current or planned activities in the subject area and their 
possible impacts on this taxon.
    Final promulgation of the regulations on Ohlone tiger beetle will 
take into consideration any comments and any additional information we 
receive during the comment period, and such communications may lead to 
a final regulation that differs from this proposal.
    The Act provides for a public hearing on this proposal, if 
requested. Requests must be received within 45 days of the date of 
publication of the proposal in the Federal Register. Such requests must 
be made in writing and be addressed to the Field Supervisor of the 
Service's Ventura, Fish and Wildlife Office (see ADDRESSES section).

National Environmental Policy Act

    We have determined that Environmental Assessments, as defined under 
the authority of the National Environmental Policy Act of 1969, need 
not be prepared in connection with regulations adopted pursuant to 
Section 4(a) of the Act. A notice outlining our reasons for this 
determination was published in the Federal Register on October 25, 1983 
(48 FR 49244).

Required Determinations

    This rule does not contain any information collection requirements 
for which Office of Management and Budget (OMB) approval under the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., is required. Any 
information collection related to the rule pertaining to permits for 
endangered and threatened species has OMB approval and is assigned 
clearance number 1018-0094. This rule does not alter that information 
collection requirement. For additional information concerning permits 
and associated requirements for endangered wildlife species, see 50 CFR 

References Cited

    A complete list of all references cited in this rulemaking is 
available upon request from the Ventura Fish and Wildlife Office (see 
ADDRESSES section).


    The primary author of this proposed rule is Colleen Sculley, 
Ventura Fish and Wildlife Office (see ADDRESSES section) (telephone 

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

    For the reasons given in the preamble, we propose to amend part 17, 
subchapter B of chapter I, title 50 of the Code of Federal Regulations, 
as set forth below:


    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201--4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.

    2. Amend section 17.11(h) by adding the following, in alphabetical 
order under INSECTS, to the List of Endangered and Threatened Wildlife:

Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

                        Species                                                    Vertebrate
--------------------------------------------------------                        population where                                  Critical     Special
                                                            Historic range       endangered or         Status      When listed    habitat       rules
           Common name                Scientific name                              threatened

                         *                *                *                *                *                *                *
Beetle, Ohlone tiger.............  Cicindela ohlone....  U.S.A. (CA)........  NA.................  E                        NA           NA

                         *                *                *                *                *                *                *

[[Page 6960]]

    Dated: January 20, 2000.
Jamie Rappaport Clark,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 00-3277 Filed 2-10-00; 8:45 am]