Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the Hine's Emerald Dragonfly, 18341-18347 [E9-9164]

Download as PDF dwashington3 on PROD1PC60 with PROPOSALS Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Proposed Rules commercial information indicating that the petitioned action may be warranted. We are to base this finding on information provided in the petition, supporting information submitted with the petition, and information otherwise available in our files at the time we make the determination. To the maximum extent practicable, we are to make this finding within 90 days of our receipt of the petition and publish our notice of the finding promptly in the Federal Register. Our process for making this 90-day finding under section 4(b)(3)(A) of the Act is limited to a determination of whether the information in the petition presents ‘‘substantial scientific and commercial information,’’ which is interpreted in our regulations as ‘‘that amount of information that would lead a reasonable person to believe that the measure proposed in the petition may be warranted’’ (50 CFR 424.14(b)). We reviewed the petition, supporting information provided by the petitioner, and information in our files, and we evaluated that information to determine whether the sources cited support the claims made in the petition. The petition and supporting information identified numerous factors affecting the Tehachapi slender salamander including: road construction, residential and commercial development, mining, grazing, and flood control projects (Factor A); lack of regulatory mechanisms protecting the species and its habitat (Factor D); and climate change and environmental, genetic, and demographic stochastic events (Factor E). Of the factors listed above, we conclude that substantial information was provided that road construction, residential and commercial development, livestock grazing, and mining (Factor A) may threaten Tehachapi slender salamanders. We also found that the species may be threatened by the inadequacy of existing regulatory mechanisms (Factor D) and stochastic events (Factor E). On the basis of information provided in the petition and other information readily available to us, we have determined that the petition presents substantial scientific or commercial information that listing the Tehachapi slender salamander may be warranted. Therefore, we are initiating a status review to determine if listing the species is warranted. During the status review, we will consider threats to the Tehachapi slender salamander under all of the listing factors above. To ensure that the status review is comprehensive, we are soliciting scientific and commercial data and other information regarding this species. VerDate Nov<24>2008 13:55 Apr 21, 2009 Jkt 217001 The petitioner also requested that critical habitat be designated for the Tehachapi slender salamander. We always consider the need for critical habitat designation when listing species. If we determine in our 12-month finding following the status review of the species that listing the Tehachapi slender salamander is warranted, we will address the designation of critical habitat at the time of the proposed rulemaking. Significant Portion of the Species’ Range The petitioner seeks to list the entire Tehachapi slender salamander species. During our status review we will evaluate whether the best available scientific and commercial information supports listing the species throughout its entire range, or whether there may be a significant portion of the range that may be threatened or endangered. As a result, we will defer our analysis and determination of issues of significant portion of range to our status review and the 12-month finding. A 90-day finding is not a status assessment of the species and does not constitute a status review under the Act. Our final determination as to whether a petitioned action is warranted is not made until we have completed a thorough status review of the species, which is conducted following a positive 90-day finding. Because the Act’s standards for 90-day and 12-month findings are different, a positive 90-day finding does not mean that the 12month finding also will be positive. References Cited A complete list of all references cited is available, upon request, from our Ventura Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT section above). Author The primary author of this notice is the staff of the Ventura Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT section above). Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: April 15, 2009. Rowan W. Gould, Director, U.S. Fish and Wildlife Service. [FR Doc. E9–9220 Filed 4–21–09; 8:45 am] BILLING CODE 4310–55–P PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 18341 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [FWS–R3–ES–2009–0017; 92210–1117– 0000–FY09–B4] RIN 1018–AW47 Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the Hine’s Emerald Dragonfly AGENCY: Fish and Wildlife Service, Interior. ACTION: Revised proposed rule; reopening of public comment period, proposal to designate additional critical habitat unit. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on our July 26, 2006, proposed rule on the designation of critical habitat for the Hine’s emerald dragonfly (Somatochlora hineana) under the Endangered Species Act of 1973, as amended (Act). At this time the Service is reconsidering designating critical habitat on the Hiawatha National Forest in Michigan and the Mark Twain National Forest in Missouri as identified in the July 26, 2006, proposal. During the process of reconsidering the exclusion of these Federal lands, critical habitat designated by the September 5, 2007, final rule remains in place, while the Federal lands as described in the July 2006 proposed rule are considered as proposed critical habitat. Through this notice, the Service is also taking the opportunity pursuant to section 4(a)(3)(B) of the Act to propose a new unit on the Mark Twain National Forest that was not known to be occupied by the Hine’s emerald dragonfly at the time of the September 5, 2007, final rule but has since been discovered. The reopened comment period will provide all interested parties with an additional opportunity to submit written comments on the proposed rule, specifically regarding the new proposed unit and the exclusion of U.S. Forest Service lands from the 2007 final designation. Comments previously submitted on the proposed critical habitat designation need not be resubmitted; they have already been incorporated into the public record and will be fully considered in the final decision. DATES: We will consider comments received on or before June 22, 2009. ADDRESSES: You may submit comments by one of the following methods: E:\FR\FM\22APP1.SGM 22APP1 18342 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Proposed Rules dwashington3 on PROD1PC60 with PROPOSALS • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • U.S. mail or hand-delivery: Public Comments Processing, Attn: RIN 1018– AW47, Division of Policy and Directives Management, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Suite 222, Arlington, VA 22203. We will not accept e-mail or faxes. We will post all comments on https:// www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comments section below for more information). FOR FURTHER INFORMATION CONTACT: John Rogner, Field Supervisor, Chicago Illinois Ecological Services Field Office, 1250 S. Grove, Suite 103, Barrington, IL 60010, (telephone (847) 381–2253 extension 11; facsimile (847) 381–2285). If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: Public Comments We intend that any final action resulting from the proposed rule will be as accurate and as effective as possible. Therefore, we request comments or suggestions on the proposed designation of critical habitat for the Hine’s emerald dragonfly (Somatochlora hineana). We particularly seek comments concerning: (1) The reasons why we should or should not revise currently designated critical habitat for the Hine’s emerald dragonfly by including 13,295 acres (ac) (5,380 hectares (ha)) on the Hiawatha National Forest in Michigan and the Mark Twain National Forest in Missouri in the final designation; (2) Specific information on the amount and distribution of Hine’s emerald dragonfly habitat on the Hiawatha National Forest in Michigan or the Mark Twain National Forest in Missouri; (3) Any foreseeable economic, national security, or other potential impacts resulting from the proposed critical habitat revision, and in particular, any impacts on small entities; and (4) Information on the degree to which species-specific management plans have been implemented on U.S. Forest Service lands, and the effectiveness of any management actions implemented in reducing threats facing the Hine’s emerald dragonfly and its habitat or in improving its population status. You may submit your comments and materials concerning the proposed VerDate Nov<24>2008 13:55 Apr 21, 2009 Jkt 217001 revised designation of critical habitat for the Hine’s emerald dragonfly by one of the methods listed in the ADDRESSES section. We will not accept comments sent by e-mail or fax or to an address not listed in the ADDRESSES section. If you submit a comment via https:// www.regulations.gov, your entire comment—including any personal identifying information—will be posted on the Web site. If you provide personal identifying information in addition to the required items specified in the previous paragraph, such as your street address, phone number, or e-mail address, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. Comments and materials we receive, as well as supporting documentation we used in preparing the revised proposed designation of critical habitat for the Hine’s emerald dragonfly, will be available for public inspection on https://www.regulations.gov, or by appointment, during normal business hours, at the Service’s Chicago Illinois Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). Background On September 5, 2007, the Service published a final rule in the Federal Register (72 FR 51102) designating 13,221 ac (5,350 ha) as critical habitat for the Hine’s emerald dragonfly in Illinois, Michigan, Missouri, and Wisconsin. In that 2007 final rule, the Service excluded U.S. Forest Service land in Michigan and Missouri from the designation, under section 4(b)(2) of the Act. The 14 units that make up the U.S. Forest Service lands were fully described in the July 26, 2006, proposed rule to designate critical habitat for the Hine’s emerald dragonfly (71 FR 42442). The U.S. Forest Service lands make up all or portions of Michigan units 1 and 2 and Missouri units 1, 2, 4, 5, 7, 8, 11, 21, and 23 through 26. In the 2006 proposed rule, we explained that we were considering those areas for exclusion from the final designation, and subsequently excluded them from the 2007 final rule. We are now reconsidering those exclusions. On March 10, 2008, six parties (Northwoods Wilderness Recovery, The Michigan Nature Association, Door County Environmental Council, The Habitat Education Center, Natural Resources Defense Council, and The Center for Biological Diversity) filed a complaint against the Department of the Interior and the Service (Northwoods Wilderness Recovery et al. v. Dirk Kempthorne 1:08–CV–01407) PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 challenging the exclusion of U.S. Forest Service lands from the 2007 final designation of critical habitat for the dragonfly. On February 12, 2009, the U.S. District Court for the Northern District of Illinois approved a settlement agreement in which the Service agreed to a remand without vacatur of the critical habitat designation in order to reconsider the Federal exclusions from the designation of critical habitat for the Hine’s emerald dragonfly. Per that settlement, we agreed to publish this notice reopening the comment period on the July 26, 2006, proposed critical habitat and that, upon publication of this notice, the July 26, 2006, proposed critical habitat designation of the U.S. Forest Service lands in Michigan and Missouri would be reinstated as proposed. Furthermore, until the effective date of the revised final critical habitat determination, the existing designation of critical habitat for the Hine’s emerald dragonfly will remain in place and effective. The Service will submit a revised final critical habitat designation for the Hine’s emerald dragonfly to the Federal Register by April 15, 2010. We are reopening the comment period to allow all interested parties to submit comments and materials on the potential inclusion of land on the Hiawatha National Forest in Michigan and the Mark Twain National Forest in Missouri in the final designation of critical habitat for the Hine’s emerald dragonfly. Through this notice, we are also taking the opportunity to revise our 2006 proposed rule pursuant to section 4(a)(3)(B) of the Act by proposing an additional unit, Missouri Unit 27, on the Mark Twain National Forest in Missouri that was not known to be occupied by the Hine’s emerald dragonfly at the time of the 2007 final rule, but has since been discovered through survey efforts. Previously submitted comments for this proposed rule need not be resubmitted. Those comments have been incorporated into the public record and will be fully considered in our final determination. Critical Habitat Units on U.S. Forest Service Lands as Described in the July 26, 2006, Proposal (71 FR 42442) The units described below are areas that were not documented to be occupied at the time of listing but are currently occupied and are considered essential to the conservation of the species due to the limited numbers and small sizes of extant Hine’s emerald dragonfly populations. Recovery criteria established in the recovery plan for the species (Service 2001, pp. 31–32) call for a minimum of three populations, E:\FR\FM\22APP1.SGM 22APP1 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Proposed Rules each containing at least three subpopulations, in each of two recovery units. Within each subpopulation there should be at least two breeding areas, each fed by separate seeps and springs. Management and protection of all known occupied areas are necessary to meet these goals. dwashington3 on PROD1PC60 with PROPOSALS Michigan Unit 1—Mackinac County, Michigan Michigan Unit 1 contains 9,452 ac (3,825 ha) in Mackinac County in the Upper Peninsula of Michigan. This area was not known to be occupied at the time of listing. All primary constituent elements (PCEs) for the Hine’s emerald dragonfly are present in this unit. The unit contains at least four breeding areas for Hine’s emerald dragonfly, with female oviposition or male territorial patrols observed at all breeding sites. Adults have also been observed foraging at multiple locations within this unit. The unit contains a mixture of fen, forested wetland, forested dune and swale, and upland communities that are important for Hine’s emerald dragonfly breeding and foraging. The habitat is mainly spring-fed rich cedar swamp or northern fen. The breeding areas are open with little woody vegetation or are sparsely vegetated with northern white cedar (Thuja occidentalis). Small shallow pools and seeps are common. Crayfish burrows are found in breeding areas. Corridors between the breeding areas make it likely that adult dragonflies could travel or forage between the breeding sites. The majority of this unit is owned by the Hiawatha National Forest. Threats, including nonnative species invasion, woody encroachment, off-road vehicle use, logging, and utility and road right-ofway maintenance, have the potential to impact the habitat. Small portions of the unit are owned by the State of Michigan and private individuals. This unit is essential to the conservation of the species because it provides for the redundancy and resilience of populations in this portion of the species’ range, where habitat is under threat from multiple factors. The exclusion of this entire unit from the 2007 final designation is being reconsidered. Michigan Unit 2—Mackinac County, Michigan Michigan Unit 2 consists of 3,511 ac (1,421 ha) in Mackinac County in the Upper Peninsula of Michigan. This area was not known to be occupied at the time of listing. All PCEs for the Hine’s emerald dragonfly are present in this unit. The unit contains at least four breeding areas for Hine’s emerald VerDate Nov<24>2008 13:55 Apr 21, 2009 Jkt 217001 dragonfly, with female oviposition or male territorial patrols observed at all breeding sites. The unit contains a mixture of fen, forested wetland, forested dune and swale, and upland communities that are important for Hine’s emerald dragonfly breeding and foraging. The breeding habitat varies in the unit. Most breeding areas are northern fen communities with sparse, woody vegetation (northern white cedar) that are probably spring-fed with seeps and marl pools present. One site is a spring-fed marl fen with sedgedominated seeps and marl pools. Crayfish burrows are found in breeding areas. Corridors between the breeding areas, including a large forested dune and swale complex, make it likely that adult dragonflies could travel or forage between the breeding sites. The majority of this unit is owned by the Hiawatha National Forest and is designated as a Wilderness Area. Threats, including nonnative species invasion, woody encroachment, and off-road vehicle use, have the potential to impact the habitat. About one percent of the unit is owned by private individuals. This unit is essential to the conservation of the species because it provides for the redundancy and resilience of populations in this portion of the species’ range, where habitat is under threat from multiple factors. The exclusion of this entire unit from the 2007 final designation is being reconsidered. Missouri Unit 1—Crawford County, Missouri Missouri Unit 1 consists of 90 ac (36 ha) in Crawford County, Missouri, and is under U.S. Forest Service ownership. This fen is in close proximity to the village of Billard and is associated with James Creek, west of Billard. This area was not known to be occupied at the time of listing. All PCEs for Hine’s emerald dragonfly are present in this unit. The fen provides surface flow, and includes larval habitat and adjacent cover for resting and predator avoidance. The fen and an adjacent open pasture provide foraging habitat that is surrounded by contiguous, closed-canopy forest. To date, only larvae have been documented from this locality. Threats identified for this unit include feral hogs and habitat fragmentation. This unit is essential to the conservation of the species because it provides for the redundancy and resilience of populations in this portion of the species’ range, where habitat is under threat from multiple factors. The exclusion of this entire unit from the 2007 final designation is being reconsidered. PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 18343 Missouri Unit 2—Dent County, Missouri Missouri Unit 2 is comprised of 34 ac (14 ha) in Dent County, Missouri, and is under U.S. Forest Service and private ownership. The U.S. Forest Service portion of this unit comprises 15 ac (6 ha), and is the only portion of the unit we are reconsidering for inclusion. It is located north of the village of Howes Mill and in proximity to County Road (CR) 438. This area was not known to be occupied at the time of listing. All PCEs for Hine’s emerald dragonfly are present in this unit—the U.S. Forest Service portion of the unit provides foraging areas for the species. The fen provides surface flow, and includes larval habitat and adjacent cover for resting and predator avoidance. The fen and an adjacent open old field provide foraging habitat and are surrounded by contiguous, closed-canopy forest. Adults have been documented from the U.S. Forest Service portion of this locality. Threats identified for this unit include all-terrain vehicles, feral hogs, and habitat fragmentation. This unit is essential to the conservation of the species because it provides for the redundancy and resilience of populations in this portion of the species’ range, where habitat is under threat from multiple factors. Only the exclusion of the Forest Service portion of this unit from the 2007 final designation is being reconsidered. Missouri Unit 4—Dent County, Missouri Missouri Unit 4 is owned and managed by the U.S. Forest Service, and consists of 14 ac (6 ha) in Dent County, Missouri. This fen is associated with a tributary of Watery Fork Creek in Fortune Hollow and is located east of the juncture of Highway 72 and Route MM. This area was not known to be occupied at the time of listing. The fen provides surface flow, and includes larval habitat and adjacent cover for resting and predator avoidance. All PCEs for Hine’s emerald dragonfly are provided in this unit. The fen and adjacent old fields provide habitat for foraging and are surrounded by contiguous, closed-canopy forest. To date, only larvae have been documented from this locality. Threats identified for this unit include feral hogs and habitat fragmentation. This unit is essential to the conservation of the species because it provides for the redundancy and resilience of populations in this portion of the species’ range, where habitat is under threat from multiple factors. The exclusion of this entire unit from the 2007 final designation is being reconsidered. E:\FR\FM\22APP1.SGM 22APP1 18344 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Proposed Rules Missouri Unit 5—Iron County, Missouri Missouri Unit 5 is comprised of 50 ac (20 ha) in Iron County, Missouri, and is under U.S. Forest Service ownership. This fen is adjacent to Neals Creek and Neals Creek Road, southeast of Bixby. This area was not known to be occupied at the time of listing. All PCEs for Hine’s emerald dragonfly are provided in this unit. The fen consists of surface flow and is fed, in part, by a wooded slope north of Neals Creek Road. This small but high-quality fen provides larval habitat and adjacent cover for resting and predator avoidance. The fen, adjacent fields, and open road provide habitat for foraging and are surrounded by contiguous, closed-canopy forest. Both adults and larvae have been documented from this unit. Threats identified for this unit include allterrain vehicles, feral hogs, road construction and maintenance, beaver dams, and habitat fragmentation. This unit is essential to the conservation of the species because it provides for the redundancy and resilience of populations in this portion of the species’ range, where habitat is under threat from multiple factors. The exclusion of this entire unit from the 2007 final designation is being reconsidered. dwashington3 on PROD1PC60 with PROPOSALS Missouri Unit 7—Phelps County, Missouri Missouri Unit 7 consists of 33 ac (13 ha) in Phelps County, Missouri, and is owned and managed by the U.S. Forest Service. This area was not known to be occupied at the time of listing. All PCEs for Hine’s emerald dragonfly are provided in this unit. This fen is associated with Kaintuck Hollow and a tributary of Mill Creek, and is located south-southwest of the town of Newburg. This high-quality fen provides larval habitat and adjacent cover for resting and predator avoidance. The fen, adjacent fields, and open road provide habitat for foraging and are surrounded by contiguous, closed-canopy forest. Despite repeated sampling for adults and larvae, only one exuviae (shed larval exterior) has been documented from this unit. Threats identified for this unit include all-terrain vehicles, feral hogs, and habitat fragmentation. This unit is essential to the conservation of the species because it provides for the redundancy and resilience of populations in this portion of the species’ range, where habitat is under threat from multiple factors. The exclusion of this entire unit from the 2007 final designation is being reconsidered. VerDate Nov<24>2008 13:55 Apr 21, 2009 Jkt 217001 Missouri Unit 8—Reynolds County, Missouri Missouri Unit 8 is part of the Bee Fork complex. Bee Fork West, the U.S. Forest Service portion of the complex, consists of 4 ac (2 ha) in Reynolds County, Missouri. This locality is part of a series of three fens adjacent to Bee Fork Creek, extending from east-southeast of Bunker east to near the bridge on Route TT over Bee Fork Creek. This area was not known to be occupied at the time of listing. All PCEs for Hine’s emerald dragonfly are provided within the unit. The fen provides surface flow and is fed, in part, by a small spring that originates from a wooded ravine just north of the county road bordering the northernmost fen in the complex. The unit, in conjunction with the rest of the complex, is one of the highest quality representative examples of an Ozark fen in the State. The fen provides larval habitat and adjacent cover for resting and predator avoidance. The fen, adjacent fields, and open road provide habitat for foraging and are surrounded by contiguous, closed-canopy forest. Both adults and larvae have been documented from this unit. The entire complex is an extremely important focal area for conservation actions that benefit Hine’s emerald dragonfly. It is likely that the species uses Bee Fork Creek as a connective corridor between adjacent components of the complex. Threats identified for this unit include feral hogs, ecological succession, utility maintenance, application of herbicides, and habitat fragmentation. This unit is essential to the conservation of the species because it provides for the redundancy and resilience of populations in this portion of the species’ range, where habitat is under threat from multiple factors. The exclusion of this entire unit (unit 8) from the 2007 final designation is being reconsidered—however the exclusion of the rest of the Bee Fork complex (units 9 and 10 from the 2006 proposal) is not being reconsidered. Missouri Unit 11—Reynolds County, Missouri Missouri Unit 11 is under private and U.S. Forest Service ownership and consists of 113 ac (46 ha) in Reynolds County, Missouri. The U.S. Forest Service portion of this unit comprises 22 ac (9 ha), and is the only portion of the unit we are reconsidering for inclusion. The unit is a series of small fen openings adjacent to a tributary of Bee Fork Creek, and is located east of the intersection of Route TT and Highway 72, extending north to the Bee Fork Church on County Road 854. This PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 area was not known to be occupied at the time of listing. This unit in its entirety is one of the highest quality representative examples of an Ozark fen in the State and incorporates much of the valley within Grasshopper Hollow. All PCEs for Hine’s emerald dragonfly are provided in this unit—the U.S. Forest Service portion of the unit provides foraging areas for the species. The fen provides surface flow and includes larval habitat and adjacent cover for resting and predator avoidance. The fen, adjacent fields, and open path provide habitat for foraging and are surrounded by contiguous, closed-canopy forest. Adults have been documented from the U.S. Forest Service portion of this unit. Threats identified for this unit include feral hogs, beaver dams, and habitat fragmentation. This unit is essential to the conservation of the species because it provides for the redundancy and resilience of populations in this portion of the species’ range, where habitat is under threat from multiple factors. Only the exclusion of the Forest Service portion of this unit from the 2007 final designation is being reconsidered. Missouri Unit 21—Ripley County, Missouri Missouri Unit 21 is a very small fen and consists of 6 ac (2 ha) in Ripley County, Missouri. It is under U.S. Forest Service ownership and is located west of Doniphan. This area was not known to be occupied at the time of listing. All PCEs for Hine’s emerald dragonfly are provided in this unit. The fen provides surface flow and includes larval habitat and adjacent cover for resting and predator avoidance. The fen and adjacent open, maintained county road provide habitat for foraging and are surrounded by contiguous, closedcanopy forest. To date, only larvae have been documented from this locality. Threats identified for this unit include feral hogs, all-terrain vehicles, equestrian use, and habitat fragmentation. This unit is essential to the conservation of the species because it provides for the redundancy and resilience of populations in this portion of the species’ range, where habitat is under threat from multiple factors. The exclusion of this entire unit from the 2007 final designation is being reconsidered. Missouri Units 23 and 24—Washington County, Missouri Missouri Units 23 and 24 comprise the Towns Branch and Welker Fen complex and consist of 75 ac (31 ha) near the town of Palmer in Washington County, Missouri. The complex consists E:\FR\FM\22APP1.SGM 22APP1 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Proposed Rules of two fens that are under U.S. Forest Service ownership. This area was not known to be occupied at the time of listing. All PCEs for Hine’s emerald dragonfly are provided in this unit. These fens provide surface flow and include larval habitat and adjacent cover for resting and predator avoidance. The fens and adjacent open, maintained county roads provide habitat for foraging and are surrounded by contiguous, closed-canopy forest. To date, only larvae have been documented from this complex. Threats identified for this unit include feral hogs, allterrain vehicles, road construction and maintenance, and habitat fragmentation. This unit is essential to the conservation of the species because it provides for the redundancy and resilience of populations in this portion of the species’ range, where habitat is under threat from multiple factors. The exclusion of this entire unit from the 2007 final designation is being reconsidered. dwashington3 on PROD1PC60 with PROPOSALS Missouri Unit 25—Washington County, Missouri Missouri Unit 25 consists of 33 ac (13 ha) and is located northwest of the town of Palmer in Washington County, Missouri. The fen is associated with Snapps Branch, a tributary of Hazel Creek, and is owned and managed by the U.S. Forest Service. This area was not known to be occupied at the time of listing. All PCEs for Hine’s emerald dragonfly are provided in this unit. The fen provides surface flow, and includes larval habitat and adjacent cover for resting and predator avoidance. The fen and adjacent old logging road with open canopy provide habitat for foraging and are surrounded by contiguous, closedcanopy forest. To date, only larvae have been documented from this locality. Threats identified for this unit include feral hogs, all-terrain vehicles, and habitat fragmentation. This unit is essential to the conservation of the species because it provides for the redundancy and resilience of populations in this portion of the species’ range, where habitat is under threat from multiple factors. The exclusion of this entire unit from the 2007 final designation is being reconsidered. Missouri Unit 26—Wayne County, Missouri Missouri Unit 26 is owned and managed by the U.S. Forest Service and consists of 5 ac (2 ha). This extremely small fen is located near Williamsville and is associated with Brushy Creek in Wayne County, Missouri. This area was not known to be occupied at the time of VerDate Nov<24>2008 13:55 Apr 21, 2009 Jkt 217001 listing. All PCEs for Hine’s emerald dragonfly are provided in this unit. The fen provides surface flow and includes larval habitat and adjacent cover for resting and predator avoidance. The fen and adjacent logging road with open canopy provide habitat for foraging and are surrounded by contiguous, closedcanopy forest. To date, only larvae have been documented from this unit. Threats identified for this unit include feral hogs, all-terrain vehicles, and habitat fragmentation. This unit is essential to the conservation of the species because it provides for the redundancy and resilience of populations in this portion of the species’ range, where habitat is under threat from multiple factors. The exclusion of this entire unit from the 2007 final designation is being reconsidered. Additional Proposed Critical Habitat Unit Through this notice the Service is also taking the opportunity pursuant to section 4(a)(3)(B) of the Act to propose a new unit on the Mark Twain National Forest that was not known to be occupied by the Hine’s emerald dragonfly at the time of the September 5, 2007, final rule, but has since been discovered to be occupied. Based on our evaluation of research results from recent fieldwork, we have determined that a newly discovered site in Washington County, Missouri, is essential to the conservation of Hine’s emerald dragonfly. The collection of a final instar male larva from this site provides evidence of breeding at this locality. The additional proposed critical habitat unit, Missouri Unit 27, is described below. Missouri Unit 27—Crawford County, Missouri Missouri Unit 27 is owned and managed by the U.S. Forest Service and is approximately 3.25 miles (5.23 kilometers) west and southwest of Brazil, Missouri, or about 0.25 mile (0.40 kilometer) southeast of Center Post Church in Crawford County, Missouri. The unit consists of approximately 3 ac (1.21 ha). This unit was not known to be occupied at the time of listing. All PCEs for the Hine’s emerald dragonfly identified in the July 26, 2006, proposed rule (71 FR 42442) are present in this unit. Adult Hine’s emerald dragonflies have been observed at the site and successful breeding was confirmed (Vogt 2008, p. 10). Surface water consists primarily of seepage pools and small rivulets. Parts of the fen include an open field with scattered shrubs and eastern red cedar (Juniperus virginiana) PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 18345 that is likely used as a foraging area by adults. This unit is essential to the conservation of the species because it provides for the redundancy and resilience of populations in this portion of the species’ range, where habitat is under threat from multiple factors. Known threats to the PCEs that may require special management or protections include invasion of undesirable plant species, feral hogs, all-terrain vehicles, and equestrian use. Required Determinations In this notice, we are affirming the information contained in our July 26, 2006, proposed rule (71 FR 42442), concerning Executive Order (E.O.) 13132 (Federalism), and E.O. 12988 (Civil Justice Reform); the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the National Environmental Policy Act (42 U.S.C. 4321 et seq.), and the President’s memorandum of April 29, 1994, ‘‘Government-to-Government Relations with Native American Tribal Governments’’ (59 FR 22951). We also affirm the determinations made in our March 20, 2007, revised proposed rule and announcement of the availability of the draft economic analysis (72 FR 13061), regarding E.O. 12866 (Regulatory Planning and Review) and the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); E.O. 13211 (Energy, Supply, Distribution, and Use); E.O. 12630 (Takings); and the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.). Please refer to the proposed rule and draft economic analysis of the proposed critical habitat designation for detailed discussions of required determinations and potential economic impacts. The economic analysis prepared for the original rulemaking included an analysis for Forest Service lands (the Mark Twain National Forest) in Missouri. The newly proposed additional unit also occurs on these lands. It is a relatively small unit and would be subject to the same issues previously analyzed. We will discuss the economics related to this additional unit in our final decision document on this action. If we adopt a final rule for this action, we will confirm our required determinations in that final rule to designate critical habitat for the Hine’s emerald dragonfly. References Vogt, T. 2008. Larval Sampling, Monitoring, and Status Survey for the Hine’s Emerald Dragonfly (Somatochlora hineana) in Missouri, 2007–2008. Report to the U.S. Forest Service and U.S. Fish and Wildlife Service. 10p. E:\FR\FM\22APP1.SGM 22APP1 18346 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Proposed Rules PART 17—[AMENDED] Authors The primary authors of this document are Laura Ragan and Kristopher Lah of the Division of Ecological Services, Midwest Region, U.S. Fish and Wildlife Service. List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Proposed Regulation Promulgation dwashington3 on PROD1PC60 with PROPOSALS Accordingly, we propose to amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below: VerDate Nov<24>2008 13:55 Apr 21, 2009 Jkt 217001 § 17.95 1. The authority citation for part 17 continues to read as follows: * Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500; unless otherwise noted. 2. Critical habitat for the Hine’s emerald dragonfly (Somatochlora hineana) in § 17.95(i), which was first proposed to be added on July 26, 2006, at 71 FR 42442 and then amended on March 20, 2007, at 72 FR 13061, is proposed to be further amended as follows: a. By redesignating paragraphs (i)(24) through (i)(30) as paragraphs (i)(25) through (i)(31); and b. Adding a new paragraph (i)(24) to read as set forth below: PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 Critical habitat—fish and wildlife. * * * * (i) Insects. * * * * * Hine’s emerald dragonfly (Somatochlora hineana) * * * * * (24) Missouri Unit 27, Washington County, Missouri. (i) Missouri Unit 27: Washington County. Located on the Courtois quadrangle in Township 36 north, Range 2 west, section 14, northeast 1⁄4, southwest 1⁄4, northwest 1⁄4. (ii) Note: Map of Missouri proposed critical habitat Unit 27 follows: BILLING CODE 4310–55–P E:\FR\FM\22APP1.SGM 22APP1 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Proposed Rules * * * Dated: April 15, 2009. Will Shafroth, Acting Assistant Secretary, Department of the Interior. [FR Doc. E9–9164 Filed 4–21–09; 8:45 am] * BILLING CODE 4310–55–C VerDate Nov<24>2008 13:55 Apr 21, 2009 Jkt 217001 PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 E:\FR\FM\22APP1.SGM 22APP1 EP22AP09.000</GPH> dwashington3 on PROD1PC60 with PROPOSALS * 18347

Agencies

[Federal Register Volume 74, Number 76 (Wednesday, April 22, 2009)]
[Proposed Rules]
[Pages 18341-18347]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9164]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R3-ES-2009-0017; 92210-1117-0000-FY09-B4]
RIN 1018-AW47


Endangered and Threatened Wildlife and Plants; Revised Critical 
Habitat for the Hine's Emerald Dragonfly

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Revised proposed rule; reopening of public comment period, 
proposal to designate additional critical habitat unit.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
reopening of the public comment period on our July 26, 2006, proposed 
rule on the designation of critical habitat for the Hine's emerald 
dragonfly (Somatochlora hineana) under the Endangered Species Act of 
1973, as amended (Act). At this time the Service is reconsidering 
designating critical habitat on the Hiawatha National Forest in 
Michigan and the Mark Twain National Forest in Missouri as identified 
in the July 26, 2006, proposal. During the process of reconsidering the 
exclusion of these Federal lands, critical habitat designated by the 
September 5, 2007, final rule remains in place, while the Federal lands 
as described in the July 2006 proposed rule are considered as proposed 
critical habitat. Through this notice, the Service is also taking the 
opportunity pursuant to section 4(a)(3)(B) of the Act to propose a new 
unit on the Mark Twain National Forest that was not known to be 
occupied by the Hine's emerald dragonfly at the time of the September 
5, 2007, final rule but has since been discovered. The reopened comment 
period will provide all interested parties with an additional 
opportunity to submit written comments on the proposed rule, 
specifically regarding the new proposed unit and the exclusion of U.S. 
Forest Service lands from the 2007 final designation. Comments 
previously submitted on the proposed critical habitat designation need 
not be resubmitted; they have already been incorporated into the public 
record and will be fully considered in the final decision.

DATES: We will consider comments received on or before June 22, 2009.

ADDRESSES: You may submit comments by one of the following methods:

[[Page 18342]]

     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: RIN 1018-AW47, Division of Policy and Directives Management, U.S. 
Fish and Wildlife Service, 4401 N. Fairfax Drive, Suite 222, Arlington, 
VA 22203.
    We will not accept e-mail or faxes. We will post all comments on 
https://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information).

FOR FURTHER INFORMATION CONTACT: John Rogner, Field Supervisor, Chicago 
Illinois Ecological Services Field Office, 1250 S. Grove, Suite 103, 
Barrington, IL 60010, (telephone (847) 381-2253 extension 11; facsimile 
(847) 381-2285). If you use a telecommunications device for the deaf 
(TDD), call the Federal Information Relay Service (FIRS) at 800-877-
8339.

SUPPLEMENTARY INFORMATION:

Public Comments

    We intend that any final action resulting from the proposed rule 
will be as accurate and as effective as possible. Therefore, we request 
comments or suggestions on the proposed designation of critical habitat 
for the Hine's emerald dragonfly (Somatochlora hineana).
    We particularly seek comments concerning:
    (1) The reasons why we should or should not revise currently 
designated critical habitat for the Hine's emerald dragonfly by 
including 13,295 acres (ac) (5,380 hectares (ha)) on the Hiawatha 
National Forest in Michigan and the Mark Twain National Forest in 
Missouri in the final designation;
    (2) Specific information on the amount and distribution of Hine's 
emerald dragonfly habitat on the Hiawatha National Forest in Michigan 
or the Mark Twain National Forest in Missouri;
    (3) Any foreseeable economic, national security, or other potential 
impacts resulting from the proposed critical habitat revision, and in 
particular, any impacts on small entities; and
    (4) Information on the degree to which species-specific management 
plans have been implemented on U.S. Forest Service lands, and the 
effectiveness of any management actions implemented in reducing threats 
facing the Hine's emerald dragonfly and its habitat or in improving its 
population status.
    You may submit your comments and materials concerning the proposed 
revised designation of critical habitat for the Hine's emerald 
dragonfly by one of the methods listed in the ADDRESSES section. We 
will not accept comments sent by e-mail or fax or to an address not 
listed in the ADDRESSES section.
    If you submit a comment via https://www.regulations.gov, your entire 
comment--including any personal identifying information--will be posted 
on the Web site. If you provide personal identifying information in 
addition to the required items specified in the previous paragraph, 
such as your street address, phone number, or e-mail address, you may 
request at the top of your document that we withhold this information 
from public review. However, we cannot guarantee that we will be able 
to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing the revised proposed designation of 
critical habitat for the Hine's emerald dragonfly, will be available 
for public inspection on https://www.regulations.gov, or by appointment, 
during normal business hours, at the Service's Chicago Illinois 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).

Background

    On September 5, 2007, the Service published a final rule in the 
Federal Register (72 FR 51102) designating 13,221 ac (5,350 ha) as 
critical habitat for the Hine's emerald dragonfly in Illinois, 
Michigan, Missouri, and Wisconsin. In that 2007 final rule, the Service 
excluded U.S. Forest Service land in Michigan and Missouri from the 
designation, under section 4(b)(2) of the Act. The 14 units that make 
up the U.S. Forest Service lands were fully described in the July 26, 
2006, proposed rule to designate critical habitat for the Hine's 
emerald dragonfly (71 FR 42442). The U.S. Forest Service lands make up 
all or portions of Michigan units 1 and 2 and Missouri units 1, 2, 4, 
5, 7, 8, 11, 21, and 23 through 26. In the 2006 proposed rule, we 
explained that we were considering those areas for exclusion from the 
final designation, and subsequently excluded them from the 2007 final 
rule. We are now reconsidering those exclusions.
    On March 10, 2008, six parties (Northwoods Wilderness Recovery, The 
Michigan Nature Association, Door County Environmental Council, The 
Habitat Education Center, Natural Resources Defense Council, and The 
Center for Biological Diversity) filed a complaint against the 
Department of the Interior and the Service (Northwoods Wilderness 
Recovery et al. v. Dirk Kempthorne 1:08-CV-01407) challenging the 
exclusion of U.S. Forest Service lands from the 2007 final designation 
of critical habitat for the dragonfly. On February 12, 2009, the U.S. 
District Court for the Northern District of Illinois approved a 
settlement agreement in which the Service agreed to a remand without 
vacatur of the critical habitat designation in order to reconsider the 
Federal exclusions from the designation of critical habitat for the 
Hine's emerald dragonfly. Per that settlement, we agreed to publish 
this notice reopening the comment period on the July 26, 2006, proposed 
critical habitat and that, upon publication of this notice, the July 
26, 2006, proposed critical habitat designation of the U.S. Forest 
Service lands in Michigan and Missouri would be reinstated as proposed. 
Furthermore, until the effective date of the revised final critical 
habitat determination, the existing designation of critical habitat for 
the Hine's emerald dragonfly will remain in place and effective. The 
Service will submit a revised final critical habitat designation for 
the Hine's emerald dragonfly to the Federal Register by April 15, 2010.
    We are reopening the comment period to allow all interested parties 
to submit comments and materials on the potential inclusion of land on 
the Hiawatha National Forest in Michigan and the Mark Twain National 
Forest in Missouri in the final designation of critical habitat for the 
Hine's emerald dragonfly. Through this notice, we are also taking the 
opportunity to revise our 2006 proposed rule pursuant to section 
4(a)(3)(B) of the Act by proposing an additional unit, Missouri Unit 
27, on the Mark Twain National Forest in Missouri that was not known to 
be occupied by the Hine's emerald dragonfly at the time of the 2007 
final rule, but has since been discovered through survey efforts. 
Previously submitted comments for this proposed rule need not be 
resubmitted. Those comments have been incorporated into the public 
record and will be fully considered in our final determination.

Critical Habitat Units on U.S. Forest Service Lands as Described in the 
July 26, 2006, Proposal (71 FR 42442)

    The units described below are areas that were not documented to be 
occupied at the time of listing but are currently occupied and are 
considered essential to the conservation of the species due to the 
limited numbers and small sizes of extant Hine's emerald dragonfly 
populations. Recovery criteria established in the recovery plan for the 
species (Service 2001, pp. 31-32) call for a minimum of three 
populations,

[[Page 18343]]

each containing at least three subpopulations, in each of two recovery 
units. Within each subpopulation there should be at least two breeding 
areas, each fed by separate seeps and springs. Management and 
protection of all known occupied areas are necessary to meet these 
goals.

Michigan Unit 1--Mackinac County, Michigan

    Michigan Unit 1 contains 9,452 ac (3,825 ha) in Mackinac County in 
the Upper Peninsula of Michigan. This area was not known to be occupied 
at the time of listing. All primary constituent elements (PCEs) for the 
Hine's emerald dragonfly are present in this unit. The unit contains at 
least four breeding areas for Hine's emerald dragonfly, with female 
oviposition or male territorial patrols observed at all breeding sites. 
Adults have also been observed foraging at multiple locations within 
this unit. The unit contains a mixture of fen, forested wetland, 
forested dune and swale, and upland communities that are important for 
Hine's emerald dragonfly breeding and foraging. The habitat is mainly 
spring-fed rich cedar swamp or northern fen. The breeding areas are 
open with little woody vegetation or are sparsely vegetated with 
northern white cedar (Thuja occidentalis). Small shallow pools and 
seeps are common. Crayfish burrows are found in breeding areas. 
Corridors between the breeding areas make it likely that adult 
dragonflies could travel or forage between the breeding sites. The 
majority of this unit is owned by the Hiawatha National Forest. 
Threats, including nonnative species invasion, woody encroachment, off-
road vehicle use, logging, and utility and road right-of-way 
maintenance, have the potential to impact the habitat. Small portions 
of the unit are owned by the State of Michigan and private individuals. 
This unit is essential to the conservation of the species because it 
provides for the redundancy and resilience of populations in this 
portion of the species' range, where habitat is under threat from 
multiple factors. The exclusion of this entire unit from the 2007 final 
designation is being reconsidered.

Michigan Unit 2--Mackinac County, Michigan

    Michigan Unit 2 consists of 3,511 ac (1,421 ha) in Mackinac County 
in the Upper Peninsula of Michigan. This area was not known to be 
occupied at the time of listing. All PCEs for the Hine's emerald 
dragonfly are present in this unit. The unit contains at least four 
breeding areas for Hine's emerald dragonfly, with female oviposition or 
male territorial patrols observed at all breeding sites. The unit 
contains a mixture of fen, forested wetland, forested dune and swale, 
and upland communities that are important for Hine's emerald dragonfly 
breeding and foraging. The breeding habitat varies in the unit. Most 
breeding areas are northern fen communities with sparse, woody 
vegetation (northern white cedar) that are probably spring-fed with 
seeps and marl pools present. One site is a spring-fed marl fen with 
sedge-dominated seeps and marl pools. Crayfish burrows are found in 
breeding areas. Corridors between the breeding areas, including a large 
forested dune and swale complex, make it likely that adult dragonflies 
could travel or forage between the breeding sites. The majority of this 
unit is owned by the Hiawatha National Forest and is designated as a 
Wilderness Area. Threats, including nonnative species invasion, woody 
encroachment, and off-road vehicle use, have the potential to impact 
the habitat. About one percent of the unit is owned by private 
individuals. This unit is essential to the conservation of the species 
because it provides for the redundancy and resilience of populations in 
this portion of the species' range, where habitat is under threat from 
multiple factors. The exclusion of this entire unit from the 2007 final 
designation is being reconsidered.

Missouri Unit 1--Crawford County, Missouri

    Missouri Unit 1 consists of 90 ac (36 ha) in Crawford County, 
Missouri, and is under U.S. Forest Service ownership. This fen is in 
close proximity to the village of Billard and is associated with James 
Creek, west of Billard. This area was not known to be occupied at the 
time of listing. All PCEs for Hine's emerald dragonfly are present in 
this unit. The fen provides surface flow, and includes larval habitat 
and adjacent cover for resting and predator avoidance. The fen and an 
adjacent open pasture provide foraging habitat that is surrounded by 
contiguous, closed-canopy forest. To date, only larvae have been 
documented from this locality. Threats identified for this unit include 
feral hogs and habitat fragmentation. This unit is essential to the 
conservation of the species because it provides for the redundancy and 
resilience of populations in this portion of the species' range, where 
habitat is under threat from multiple factors. The exclusion of this 
entire unit from the 2007 final designation is being reconsidered.

Missouri Unit 2--Dent County, Missouri

    Missouri Unit 2 is comprised of 34 ac (14 ha) in Dent County, 
Missouri, and is under U.S. Forest Service and private ownership. The 
U.S. Forest Service portion of this unit comprises 15 ac (6 ha), and is 
the only portion of the unit we are reconsidering for inclusion. It is 
located north of the village of Howes Mill and in proximity to County 
Road (CR) 438. This area was not known to be occupied at the time of 
listing. All PCEs for Hine's emerald dragonfly are present in this 
unit--the U.S. Forest Service portion of the unit provides foraging 
areas for the species. The fen provides surface flow, and includes 
larval habitat and adjacent cover for resting and predator avoidance. 
The fen and an adjacent open old field provide foraging habitat and are 
surrounded by contiguous, closed-canopy forest. Adults have been 
documented from the U.S. Forest Service portion of this locality. 
Threats identified for this unit include all-terrain vehicles, feral 
hogs, and habitat fragmentation. This unit is essential to the 
conservation of the species because it provides for the redundancy and 
resilience of populations in this portion of the species' range, where 
habitat is under threat from multiple factors. Only the exclusion of 
the Forest Service portion of this unit from the 2007 final designation 
is being reconsidered.

Missouri Unit 4--Dent County, Missouri

    Missouri Unit 4 is owned and managed by the U.S. Forest Service, 
and consists of 14 ac (6 ha) in Dent County, Missouri. This fen is 
associated with a tributary of Watery Fork Creek in Fortune Hollow and 
is located east of the juncture of Highway 72 and Route MM. This area 
was not known to be occupied at the time of listing. The fen provides 
surface flow, and includes larval habitat and adjacent cover for 
resting and predator avoidance. All PCEs for Hine's emerald dragonfly 
are provided in this unit. The fen and adjacent old fields provide 
habitat for foraging and are surrounded by contiguous, closed-canopy 
forest. To date, only larvae have been documented from this locality. 
Threats identified for this unit include feral hogs and habitat 
fragmentation. This unit is essential to the conservation of the 
species because it provides for the redundancy and resilience of 
populations in this portion of the species' range, where habitat is 
under threat from multiple factors. The exclusion of this entire unit 
from the 2007 final designation is being reconsidered.

[[Page 18344]]

Missouri Unit 5--Iron County, Missouri

    Missouri Unit 5 is comprised of 50 ac (20 ha) in Iron County, 
Missouri, and is under U.S. Forest Service ownership. This fen is 
adjacent to Neals Creek and Neals Creek Road, southeast of Bixby. This 
area was not known to be occupied at the time of listing. All PCEs for 
Hine's emerald dragonfly are provided in this unit. The fen consists of 
surface flow and is fed, in part, by a wooded slope north of Neals 
Creek Road. This small but high-quality fen provides larval habitat and 
adjacent cover for resting and predator avoidance. The fen, adjacent 
fields, and open road provide habitat for foraging and are surrounded 
by contiguous, closed-canopy forest. Both adults and larvae have been 
documented from this unit. Threats identified for this unit include 
all-terrain vehicles, feral hogs, road construction and maintenance, 
beaver dams, and habitat fragmentation. This unit is essential to the 
conservation of the species because it provides for the redundancy and 
resilience of populations in this portion of the species' range, where 
habitat is under threat from multiple factors. The exclusion of this 
entire unit from the 2007 final designation is being reconsidered.

Missouri Unit 7--Phelps County, Missouri

    Missouri Unit 7 consists of 33 ac (13 ha) in Phelps County, 
Missouri, and is owned and managed by the U.S. Forest Service. This 
area was not known to be occupied at the time of listing. All PCEs for 
Hine's emerald dragonfly are provided in this unit. This fen is 
associated with Kaintuck Hollow and a tributary of Mill Creek, and is 
located south-southwest of the town of Newburg. This high-quality fen 
provides larval habitat and adjacent cover for resting and predator 
avoidance. The fen, adjacent fields, and open road provide habitat for 
foraging and are surrounded by contiguous, closed-canopy forest. 
Despite repeated sampling for adults and larvae, only one exuviae (shed 
larval exterior) has been documented from this unit. Threats identified 
for this unit include all-terrain vehicles, feral hogs, and habitat 
fragmentation. This unit is essential to the conservation of the 
species because it provides for the redundancy and resilience of 
populations in this portion of the species' range, where habitat is 
under threat from multiple factors. The exclusion of this entire unit 
from the 2007 final designation is being reconsidered.

Missouri Unit 8--Reynolds County, Missouri

    Missouri Unit 8 is part of the Bee Fork complex. Bee Fork West, the 
U.S. Forest Service portion of the complex, consists of 4 ac (2 ha) in 
Reynolds County, Missouri. This locality is part of a series of three 
fens adjacent to Bee Fork Creek, extending from east-southeast of 
Bunker east to near the bridge on Route TT over Bee Fork Creek. This 
area was not known to be occupied at the time of listing. All PCEs for 
Hine's emerald dragonfly are provided within the unit. The fen provides 
surface flow and is fed, in part, by a small spring that originates 
from a wooded ravine just north of the county road bordering the 
northernmost fen in the complex. The unit, in conjunction with the rest 
of the complex, is one of the highest quality representative examples 
of an Ozark fen in the State. The fen provides larval habitat and 
adjacent cover for resting and predator avoidance. The fen, adjacent 
fields, and open road provide habitat for foraging and are surrounded 
by contiguous, closed-canopy forest. Both adults and larvae have been 
documented from this unit. The entire complex is an extremely important 
focal area for conservation actions that benefit Hine's emerald 
dragonfly. It is likely that the species uses Bee Fork Creek as a 
connective corridor between adjacent components of the complex. Threats 
identified for this unit include feral hogs, ecological succession, 
utility maintenance, application of herbicides, and habitat 
fragmentation. This unit is essential to the conservation of the 
species because it provides for the redundancy and resilience of 
populations in this portion of the species' range, where habitat is 
under threat from multiple factors. The exclusion of this entire unit 
(unit 8) from the 2007 final designation is being reconsidered--however 
the exclusion of the rest of the Bee Fork complex (units 9 and 10 from 
the 2006 proposal) is not being reconsidered.

Missouri Unit 11--Reynolds County, Missouri

    Missouri Unit 11 is under private and U.S. Forest Service ownership 
and consists of 113 ac (46 ha) in Reynolds County, Missouri. The U.S. 
Forest Service portion of this unit comprises 22 ac (9 ha), and is the 
only portion of the unit we are reconsidering for inclusion. The unit 
is a series of small fen openings adjacent to a tributary of Bee Fork 
Creek, and is located east of the intersection of Route TT and Highway 
72, extending north to the Bee Fork Church on County Road 854. This 
area was not known to be occupied at the time of listing. This unit in 
its entirety is one of the highest quality representative examples of 
an Ozark fen in the State and incorporates much of the valley within 
Grasshopper Hollow. All PCEs for Hine's emerald dragonfly are provided 
in this unit--the U.S. Forest Service portion of the unit provides 
foraging areas for the species. The fen provides surface flow and 
includes larval habitat and adjacent cover for resting and predator 
avoidance. The fen, adjacent fields, and open path provide habitat for 
foraging and are surrounded by contiguous, closed-canopy forest. Adults 
have been documented from the U.S. Forest Service portion of this unit. 
Threats identified for this unit include feral hogs, beaver dams, and 
habitat fragmentation. This unit is essential to the conservation of 
the species because it provides for the redundancy and resilience of 
populations in this portion of the species' range, where habitat is 
under threat from multiple factors. Only the exclusion of the Forest 
Service portion of this unit from the 2007 final designation is being 
reconsidered.

Missouri Unit 21--Ripley County, Missouri

    Missouri Unit 21 is a very small fen and consists of 6 ac (2 ha) in 
Ripley County, Missouri. It is under U.S. Forest Service ownership and 
is located west of Doniphan. This area was not known to be occupied at 
the time of listing. All PCEs for Hine's emerald dragonfly are provided 
in this unit. The fen provides surface flow and includes larval habitat 
and adjacent cover for resting and predator avoidance. The fen and 
adjacent open, maintained county road provide habitat for foraging and 
are surrounded by contiguous, closed-canopy forest. To date, only 
larvae have been documented from this locality. Threats identified for 
this unit include feral hogs, all-terrain vehicles, equestrian use, and 
habitat fragmentation. This unit is essential to the conservation of 
the species because it provides for the redundancy and resilience of 
populations in this portion of the species' range, where habitat is 
under threat from multiple factors. The exclusion of this entire unit 
from the 2007 final designation is being reconsidered.

Missouri Units 23 and 24--Washington County, Missouri

    Missouri Units 23 and 24 comprise the Towns Branch and Welker Fen 
complex and consist of 75 ac (31 ha) near the town of Palmer in 
Washington County, Missouri. The complex consists

[[Page 18345]]

of two fens that are under U.S. Forest Service ownership. This area was 
not known to be occupied at the time of listing. All PCEs for Hine's 
emerald dragonfly are provided in this unit. These fens provide surface 
flow and include larval habitat and adjacent cover for resting and 
predator avoidance. The fens and adjacent open, maintained county roads 
provide habitat for foraging and are surrounded by contiguous, closed-
canopy forest. To date, only larvae have been documented from this 
complex. Threats identified for this unit include feral hogs, all-
terrain vehicles, road construction and maintenance, and habitat 
fragmentation. This unit is essential to the conservation of the 
species because it provides for the redundancy and resilience of 
populations in this portion of the species' range, where habitat is 
under threat from multiple factors. The exclusion of this entire unit 
from the 2007 final designation is being reconsidered.

Missouri Unit 25--Washington County, Missouri

    Missouri Unit 25 consists of 33 ac (13 ha) and is located northwest 
of the town of Palmer in Washington County, Missouri. The fen is 
associated with Snapps Branch, a tributary of Hazel Creek, and is owned 
and managed by the U.S. Forest Service. This area was not known to be 
occupied at the time of listing. All PCEs for Hine's emerald dragonfly 
are provided in this unit. The fen provides surface flow, and includes 
larval habitat and adjacent cover for resting and predator avoidance. 
The fen and adjacent old logging road with open canopy provide habitat 
for foraging and are surrounded by contiguous, closed-canopy forest. To 
date, only larvae have been documented from this locality. Threats 
identified for this unit include feral hogs, all-terrain vehicles, and 
habitat fragmentation. This unit is essential to the conservation of 
the species because it provides for the redundancy and resilience of 
populations in this portion of the species' range, where habitat is 
under threat from multiple factors. The exclusion of this entire unit 
from the 2007 final designation is being reconsidered.

Missouri Unit 26--Wayne County, Missouri

    Missouri Unit 26 is owned and managed by the U.S. Forest Service 
and consists of 5 ac (2 ha). This extremely small fen is located near 
Williamsville and is associated with Brushy Creek in Wayne County, 
Missouri. This area was not known to be occupied at the time of 
listing. All PCEs for Hine's emerald dragonfly are provided in this 
unit. The fen provides surface flow and includes larval habitat and 
adjacent cover for resting and predator avoidance. The fen and adjacent 
logging road with open canopy provide habitat for foraging and are 
surrounded by contiguous, closed-canopy forest. To date, only larvae 
have been documented from this unit. Threats identified for this unit 
include feral hogs, all-terrain vehicles, and habitat fragmentation. 
This unit is essential to the conservation of the species because it 
provides for the redundancy and resilience of populations in this 
portion of the species' range, where habitat is under threat from 
multiple factors. The exclusion of this entire unit from the 2007 final 
designation is being reconsidered.

Additional Proposed Critical Habitat Unit

    Through this notice the Service is also taking the opportunity 
pursuant to section 4(a)(3)(B) of the Act to propose a new unit on the 
Mark Twain National Forest that was not known to be occupied by the 
Hine's emerald dragonfly at the time of the September 5, 2007, final 
rule, but has since been discovered to be occupied. Based on our 
evaluation of research results from recent fieldwork, we have 
determined that a newly discovered site in Washington County, Missouri, 
is essential to the conservation of Hine's emerald dragonfly. The 
collection of a final instar male larva from this site provides 
evidence of breeding at this locality. The additional proposed critical 
habitat unit, Missouri Unit 27, is described below.

Missouri Unit 27--Crawford County, Missouri

    Missouri Unit 27 is owned and managed by the U.S. Forest Service 
and is approximately 3.25 miles (5.23 kilometers) west and southwest of 
Brazil, Missouri, or about 0.25 mile (0.40 kilometer) southeast of 
Center Post Church in Crawford County, Missouri. The unit consists of 
approximately 3 ac (1.21 ha). This unit was not known to be occupied at 
the time of listing. All PCEs for the Hine's emerald dragonfly 
identified in the July 26, 2006, proposed rule (71 FR 42442) are 
present in this unit. Adult Hine's emerald dragonflies have been 
observed at the site and successful breeding was confirmed (Vogt 2008, 
p. 10). Surface water consists primarily of seepage pools and small 
rivulets. Parts of the fen include an open field with scattered shrubs 
and eastern red cedar (Juniperus virginiana) that is likely used as a 
foraging area by adults. This unit is essential to the conservation of 
the species because it provides for the redundancy and resilience of 
populations in this portion of the species' range, where habitat is 
under threat from multiple factors. Known threats to the PCEs that may 
require special management or protections include invasion of 
undesirable plant species, feral hogs, all-terrain vehicles, and 
equestrian use.

Required Determinations

    In this notice, we are affirming the information contained in our 
July 26, 2006, proposed rule (71 FR 42442), concerning Executive Order 
(E.O.) 13132 (Federalism), and E.O. 12988 (Civil Justice Reform); the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.), and the President's 
memorandum of April 29, 1994, ``Government-to-Government Relations with 
Native American Tribal Governments'' (59 FR 22951). We also affirm the 
determinations made in our March 20, 2007, revised proposed rule and 
announcement of the availability of the draft economic analysis (72 FR 
13061), regarding E.O. 12866 (Regulatory Planning and Review) and the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.); E.O. 13211 (Energy, 
Supply, Distribution, and Use); E.O. 12630 (Takings); and the Unfunded 
Mandates Reform Act (2 U.S.C. 1501 et seq.). Please refer to the 
proposed rule and draft economic analysis of the proposed critical 
habitat designation for detailed discussions of required determinations 
and potential economic impacts. The economic analysis prepared for the 
original rulemaking included an analysis for Forest Service lands (the 
Mark Twain National Forest) in Missouri. The newly proposed additional 
unit also occurs on these lands. It is a relatively small unit and 
would be subject to the same issues previously analyzed. We will 
discuss the economics related to this additional unit in our final 
decision document on this action. If we adopt a final rule for this 
action, we will confirm our required determinations in that final rule 
to designate critical habitat for the Hine's emerald dragonfly.

References

Vogt, T. 2008. Larval Sampling, Monitoring, and Status Survey for 
the Hine's Emerald Dragonfly (Somatochlora hineana) in Missouri, 
2007-2008. Report to the U.S. Forest Service and U.S. Fish and 
Wildlife Service. 10p.

[[Page 18346]]

Authors

    The primary authors of this document are Laura Ragan and Kristopher 
Lah of the Division of Ecological Services, Midwest Region, U.S. Fish 
and Wildlife Service.

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--[AMENDED]

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

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

    2. Critical habitat for the Hine's emerald dragonfly (Somatochlora 
hineana) in Sec.  17.95(i), which was first proposed to be added on 
July 26, 2006, at 71 FR 42442 and then amended on March 20, 2007, at 72 
FR 13061, is proposed to be further amended as follows:
    a. By redesignating paragraphs (i)(24) through (i)(30) as 
paragraphs (i)(25) through (i)(31); and
    b. Adding a new paragraph (i)(24) to read as set forth below:


Sec.  17.95  Critical habitat--fish and wildlife.

* * * * *
    (i) Insects.
* * * * *
    Hine's emerald dragonfly (Somatochlora hineana)
* * * * *
    (24) Missouri Unit 27, Washington County, Missouri.
    (i) Missouri Unit 27: Washington County. Located on the Courtois 
quadrangle in Township 36 north, Range 2 west, section 14, northeast 
\1/4\, southwest \1/4\, northwest \1/4\.
    (ii) Note: Map of Missouri proposed critical habitat Unit 27 
follows:
BILLING CODE 4310-55-P

[[Page 18347]]

[GRAPHIC] [TIFF OMITTED] TP22AP09.000

* * * * *

    Dated: April 15, 2009.
Will Shafroth,
Acting Assistant Secretary, Department of the Interior.
[FR Doc. E9-9164 Filed 4-21-09; 8:45 am]
BILLING CODE 4310-55-C
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