Endangered and Threatened Wildlife and Plants; 90-day Finding on a Petition To List the American Dipper in the Black Hills of South Dakota as Threatened or Endangered, 55177-55180 [E9-25524]
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Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 / Proposed Rules
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Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management
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(Catalog of Federal Domestic Assistance No.
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Deborah S. Ingram,
Acting Deputy Assistant Administrator for
Mitigation, Mitigation Directorate,
Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. E9–25861 Filed 10–26–09; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R6-ES-2009-0064]
[MO 922105 0083-B2]
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Endangered and Threatened Wildlife
and Plants; 90-day Finding on a
Petition To List the American Dipper in
the Black Hills of South Dakota as
Threatened or Endangered
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of 90-day petition
finding.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce a
90-day finding on a petition to list the
distinct population segment (DPS) of
American dipper (Cinclus mexicanus
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unicolor) in the Black Hills of South
Dakota as threatened or endangered and
designate critical habitat under the
Endangered Species Act of 1973, as
amended (Act). For the purposes of this
finding, we evaluated whether the
petition presents substantial
information to indicate whether the
petitioned entity (the American dipper
in the Black Hills of South Dakota) is a
listable entity. Based on our review of
the best available scientific and
commercial information, we conclude
that the American dipper in the Black
Hills of South Dakota is not a listable
entity under the Act. Because the
petition did not present substantial
information that the American dipper in
the Black Hills of South Dakota is a
DPS, we did not evaluate whether the
information contained in the petition
regarding threats was substantial.
Therefore, we will not initiate a status
review to determine if listing this
subspecies is warranted in response to
this petition. However, the public may
submit to us new information
concerning the subspecies, its status, or
threats to it at any time.
DATES: You may submit new
information concerning this subspecies
for our consideration at any time.
ADDRESSES: This finding is available on
the Internet at https://
www.regulations.gov. Supporting
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documentation we used in preparing
this finding is available for public
inspection, by appointment, during
normal business hours at the South
Dakota Ecological Services Office, U.S.
Fish and Wildlife Service, 420 South
Garfield Avenue, Suite 400, Pierre, SD
57501. Please submit any new
information, materials, comments, or
questions concerning this finding to the
above address.
FOR FURTHER INFORMATION CONTACT: Pete
Gober, Field Supervisor, South Dakota
Ecological Services Office (see
ADDRESSES section) (telephone 605–
224–8693). If you use a
telecommunications device for the deaf
(TDD), call the Federal Information
Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the Act (16
U.S.C. 1531 et seq.) requires that we
make a finding on whether a petition to
list, delist, or reclassify a species
presents substantial scientific or
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
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maximum extent practicable, we are to
make this finding within 90 days of our
receipt of the petition and publish our
notice of this finding promptly in the
Federal Register.
Our standard for substantial scientific
or commercial information within the
Code of Federal Regulations (CFR) with
regard to a 90-day petition finding is
‘‘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)).
If we find that substantial scientific or
commercial information was presented,
we are required to promptly review the
status of the species (status review).
We base this 90–day finding on
information provided by the petitioners
and our evaluation of that information
in relation to information available in
our files at the time of the petition
review. This finding summarizes the
information included in the petition and
information available to us at the time
of the petition review. Under section
4(b)(3)(A) of the Act and our regulations
at 50 CFR 424.14(b), our review of a 90–
day finding is limited to a determination
of whether the information in the
petition meets the ‘‘substantial
[scientific or commercial] information’’
threshold.
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Previous Federal Actions
On March 28, 2003, the Biodiversity
Conservation Alliance, Center for Native
Ecosystems, and Jeremy Nichols
petitioned the Service to list the Black
Hills American dipper distinct
population segment (DPS) as an
endangered or threatened species. We
received a Notice of Intent to sue from
the petitioners on July 21, 2003, who
subsequently filed a complaint with the
U.S. District Court for the District of
Columbia on August 20, 2004. On
January 24, 2005, we reached a
settlement agreement to publish a 90–
day finding in the Federal Register by
January 20, 2006. On January 26, 2006,
we determined in a 90–day finding that
the Black Hills American dipper did not
meet the elements for being a DPS and,
therefore, was not a listable entity under
the Act (71 FR 4341).
Petition
On October 2, 2008, we received a
petition dated September 29, 2008,
requesting that we list the DPS of
American dipper in the Black Hills of
South Dakota as threatened or
endangered under the Act and designate
critical habitat for that DPS. In addition,
the petition requested emergency listing
of the DPS. The petition, submitted by
the Biodiversity Conservation Alliance,
Center for Native Ecosystems, Native
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Ecosystems Council, and Prairie Hills
Audubon Society, was clearly identified
as a petition for a listing rule, and it
contained the names, signatures, and
addresses of the requesting parties.
Included in the petition was supporting
information regarding the subspecies’
taxonomy and ecology, historical and
current distribution, present status, and
potential causes of decline. We
acknowledged the receipt of the petition
and addressed the request for
emergency listing in a letter to Mr.
Duane Short, dated December 5, 2008.
The letter stated that we determined
that the Black Hills population would
need to meet our policy criteria as a DPS
or a significant portion of the range of
the subspecies before we can determine
if emergency listing is necessary.
Species Information
The American dipper is a small, gray
passerine bird that inhabits western
Canada, Mexico, and the western United
States, including the Black Hills
(Pettingill and Whitney 1965, p. 74;
Anderson 2002, p. 2) of South Dakota.
The American dipper utilizes
permanent, clean, cold, and swift
mountain streams (Price and Bock 1983,
p. 2; Tyler and Ormerod 1994, p. 3;
Kingery 1996, p. 4; Feck 2002, p. 2) with
abundant and healthy populations of
benthic macroinvertebrates, the dipper’s
prey (Ealey 1977, p. 104; Price and Bock
1983, p. 2; Tyler and Ormerod 1994, p.
38; Kingery 1996, p. 6). Dippers are
usually found in streams with rock,
sand, and rubble substrates, which also
are associated with the highest
abundance of aquatic invertebrates.
American dippers establish linear
territories along a river in early spring
(Kingery 1996, p. 11). They remain in or
near their territories most of the year,
depending upon the availability of open
water. Dipper nest sites can be found on
streamside rock cliffs, waterfalls, large
rocks in midstream, or under bridges
(Kingery 1996, p. 14).
Distribution and Abundance
The Black Hills are the eastern edge
of the American dipper’s range. The
dipper is a permanent year-round
resident of the Black Hills and has
historically been known to inhabit
nearly all permanent, fast-flowing
streams in the area (Pettingill and
Whitney 1965, p. 74). There are few
records of American dippers making
long-distance flights, and these records
do not substantiate that these
movements contribute to the
establishment of new populations
(Kingery 1996, p. 4; Muelhausen 1970,
p. 136). No instances of long-distance
dispersal of dippers between the Black
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Hills and the next nearest populations
of American dipper to the west in the
Big Horn Mountains of north-central
Wyoming and the Laramie Range of
east-central Wyoming have been
documented. In addition to the apparent
lack of long distance movements, the
dipper population in the Black Hills is
isolated from other populations by
geographical barriers to dispersal in the
form of extensive grasslands, poorquality stream habitat, and the lack of
water connections to dipper populations
existing west of the Black Hills
(Backlund 2001, p. 1).
Verified historical American dipper
reports have been recorded on six
streams or their tributaries in the Black
Hills: French Creek, Rapid Creek, Box
Elder Creek, Elk Creek, Whitewood
Creek, and Spearfish Creek (Backlund
2001, pp. 2-4). Other streams are unable
to support self-sustaining populations of
dipper due to habitat degradation,
erratic water flows, loss of water flow,
poor water quality, and other impacts
(Backlund 2001, p. 4). Currently, nesting
dippers can be found on only two
streams in the Black Hills—Spearfish
Creek and Whitewood Creek (Lovett
2008, p. 2).
Dipper nest surveys in the Black Hills
were started in 1993 by South Dakota
Game, Fish and Parks, and became more
extensive from 2003 to 2008. The lowest
number of dippers reported on
Spearfish Creek was 10 in 1997, with
only two nests found (Backlund 2001, p.
4). In 2008, the number of dippers
reported on Spearfish Creek was
approximately 54 adults, with 38 nest
attempts (Lovett 2008, p. 12). This is the
second highest number of adults
compared to 56 adults in both 2005 and
2006; there were 42 nest attempts in
2005 and 36 nest attempts in 2006. In
2008, Whitewood Creek had six adults
observed and four known nest attempts
(Lovett 2008, p. 12). Select areas of
French Creek, Rapid Creek, and
Boxelder Creek were checked for
dippers but neither dippers nor active
nests were found (Lovett 2008, p. 37).
Distinct Vertebrate Population Segment
The petitioners have asked us to
consider listing a DPS of the American
dipper in the Black Hills of South
Dakota. Under the Act, we can consider
for listing any species, subspecies, or
DPS of any species of vertebrate fish or
wildlife that interbreeds when mature.
To implement the measures prescribed
by the Act and its congressional
guidance, we developed a joint policy
with the National Oceanic and
Atmospheric Administration entitled
Policy Regarding the Recognition of
Distinct Vertebrate Population Segments
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under the Act (61 FR 4722; February 7,
1996) (DPS Policy). Under the DPS
policy, we must consider three elements
in making our decision whether an
entity qualifies as a DPS that warrants
listing as endangered or threatened
under the Act. The three elements are:
(1) The population segment’s
discreteness in relation to the remainder
of the species to which it belongs; (2)
the population segment’s significance to
the species to which it belongs; and (3)
the population segment’s conservation
status in relation to the Act’s standards
for listing—that is, when treated as if it
were a species, is the population
segment endangered or threatened? For
the purposes of this finding, we
evaluated whether the petition
presented substantial information to
indicate whether the petitioned entity
(the American dipper in the Black Hills
of South Dakota) is a listable entity.
Discreteness
The DPS policy states that a
population segment of a vertebrate
species may be considered discrete if it
satisfies either one of the following two
conditions: (1) It must be markedly
separated from other populations of the
same taxon as a consequence of
physical, physiological, ecological, or
behavioral factors, or (2) it must be
delimited by international governmental
boundaries within which significant
differences in control of exploitation,
management of habitat conservation
status, or regulatory mechanisms exist
that are significant in light of section
4(a)(1)(D) of the Act.
Substantial information is presented
in the petition to indicate that the Black
Hills population may be markedly
separated from other populations of the
American dipper as a consequence of
physical factors. The Black Hills is an
isolated mountain range located within
the plains of western South Dakota and
northeastern Wyoming (Raventon 1994,
p. 15). The Great Plains, which entirely
surround the Black Hills, create a major
physical barrier separating the Black
Hills American dipper populations from
other Rocky Mountain populations to
the west (Hall et al. 2002, p. 3). The Big
Horn Mountains, approximately 241 to
322 kilometers (km) (150 to 200 miles
(mi)) to the west, is the closest mountain
range to the Black Hills (Froiland 1990,
p. 11). The expanse of grassland
separating the Black Hills from other
mountain ranges is incapable of
supporting American dippers and
represents a significant barrier to
dispersal (Backlund 2001, p. 1; Voelker
2002, p. 582). The streams and rivers of
the Great Plains are described as
typically silt-laden, turbid, alkaline, and
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subject to erratic flows which precludes
their use by dippers (Smith and Hubert
1989, p. 27).
Information in the petition, as
supported by information readily
available in our files, suggests that there
is a substantial physical isolation of the
Black Hills population of the American
dipper. Therefore, the petition presents
substantial information indicating that
the Black Hills population of the
American dipper meets the condition
for discreteness under our DPS policy
that the population is markedly
separated from other populations of the
same taxon. The Black Hills population
of the American dipper is located
entirely within the United States,
therefore the international governmental
boundaries provision for discreteness
does not apply.
Significance
Under our DPS policy, if we
determine that a population segment is
discrete, we further consider that
population’s biological and ecological
significance to the taxon to which it
belongs, within the context that the DPS
policy be used ‘‘sparingly’’ while
encouraging the conservation of genetic
diversity (61 FR 4722; February 7,
1996). This consideration may include,
but is not limited to: (1) Persistence of
the discrete population segment in an
ecological setting unusual or unique for
the taxon; (2) evidence that loss of the
population segment would result in a
significant gap in the range of the taxon;
(3) evidence that the discrete population
segment represents the only surviving
natural occurrence of a taxon that may
be more abundant elsewhere as an
introduced population outside its
historical range; and (4) evidence that
the discrete population segment differs
markedly from other populations of the
subspecies in its genetic characteristics.
These four considerations are addressed
here:
(1) Persistence of the population
segment in an ecological setting that is
unusual or unique for the taxon.
The American dipper occupies
permanent, clean, cold, and swift
mountain streams throughout the
western half of North America,
including the Black Hills (Kingery 1996,
p. 2). The petition contends that the
streams in the Black Hills inhabited by
dippers may be a unique ecological
setting because the Black Hills
themselves are a unique ecosystem. We
recognize that the Black Hills have
many unique ecological features, but
information readily available in our files
(Kingery 1996) indicates that the Black
Hills are not unusual. These mountain
ecosystems share commonalities, such
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55179
as clean, cold, swift mountain streams
with suitable substrate that provide the
habitats for invertebrate species used by
dippers. In that respect, the Black Hills
are similar to other western mountain
ecosystems that also support American
dippers.
In addition, the petition claims that
Black Hills streams have features that
make them ecologically unique. Streams
throughout the Rocky Mountains vary in
many features, including elevation,
gradient, substrate, parent geological
material, and riparian vegetation, such
that virtually every stream could be
considered ‘‘unique.’’ Information
readily available in our files (Kingery
1996) indicates that the key features of
Black Hills streams used by dippers—
cold temperatures, good water quality,
suitable substrate, and swift flow—are
the same key features of dipper-utilized
streams elsewhere throughout the Rocky
Mountains. Accordingly, we do not
believe the petition presents substantial
information that the clean, cold, swift
streams of the Black Hills occupied by
dippers are an ecological setting that is
unusual or unique for this subspecies.
(2) Evidence that loss of the discrete
population segment would result in a
significant gap in the range of taxon.
The petition claims that the Black
Hills dipper population is at the eastern
edge of its global distribution and its
loss would result in a significant gap in
the range of the dipper. Information
readily available in our files (Kingery
1996, NatureServe.org 2007) states that
the American dipper’s breeding range
extends from western Alaska eastward
across north-central Alaska; southward
along the Pacific Coast, and throughout
the Rocky Mountains into New Mexico.
The subspecies is absent from the Great
Basin area except for scattered
populations. The subspecies’ range
includes mountain streams in an area
that is approximately 5,000 km (3,107
mi) from north to south and
approximately 1,800 km (1,118 mi) from
west to east at its widest point. Within
that range, there are thousands of
suitable streams and tens of thousands
of kilometers of occupied streams. The
Black Hills dipper population, which
occupies two streams that represent less
than 80 km (50 mi) of occupied stream
habitat, is a small population relative to
the entire range. Populations of dippers
exist throughout suitable streams in the
Rocky Mountains. The Black Hills
dipper population is small, and there is
no information in the petition or readily
available in our files to suggest that it
makes a significant contribution to the
taxa. The dipper-occupied streams in
the Black Hills are on the eastern edge
of the dipper’s overall range in the
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United States; however, mountain
streams in the southern parts of the
subspecies’ range (the i.e. front ranges of
Colorado and, Mexico) are as far or
farther east than the Black Hills.
We find that the petition does not
present substantial information that loss
of the population segment would result
in a significant gap in the range of the
taxon because it did not provide
substantial information that the
population in the Black Hills is
significant to the taxa as a whole.
(3) Evidence that the discrete
population segment represents the only
surviving natural occurrence of a taxon
that may be more abundant elsewhere as
an introduced population outside its
historical range.
The petition does not address this
consideration. As stated above under
‘‘Distribution and Abundance,’’ the
American dipper survives naturally
throughout much of western North
America. As such, this consideration is
not applicable to the Black Hills
population of the American dipper.
(4) Evidence that the discrete
population segment differs markedly
from other populations of the
subspecies in its genetic characteristics.
The petition does not address this
consideration. We are aware that a
genetic analysis was conducted to
determine whether the Black Hills
population of the American dipper is
genetically distinct from other American
dipper populations in North America
(Anderson et al. 2007). The research
analyzed samples from six populations
(Black Hills, South Dakota; Big Horn
Mountains, Wyoming; and four
locations in west-central Montana and
east-central Idaho). Information from
this research suggests that genetic
differences could exist among the
dipper populations studied. However,
the study did not address the
significance of the Black Hills
population of American dipper to the
taxon as a whole. The results of the
study do not lead us to believe there are
significant genetic differences to meet
the criteria in our DPS policy for
significance based on genetics.
The information as provided in the
petition does not meet the four
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considerations for significance. Only the
first two considerations are actually
addressed in the petition and do not
present substantial information in favor
of significance. Little information is
available in our files to support the third
and fourth considerations, and no
information was presented in the
petition with respect to those criteria.
Conservation Status
We did not need to evaluate whether
the information contained in the
petition regarding the conservation
status in relation to the Act’s standards
for listing was substantial, because the
petition does not present substantial
information that the American dipper in
the Black Hills of South Dakota is a DPS
and, therefore, a listable entity under
the Act.
Finding
We have reviewed the information
presented in the petition and have
evaluated that information in relation to
information readily available in our
files. On the basis of our review, we find
that the petition does not present
substantial scientific or commercial
information to indicate that listing the
American dipper in the Black Hills of
South Dakota may be warranted. This
finding is based on the lack of
substantial scientific evidence to
indicate that the American dipper in the
Black Hills of South Dakota may meet
the elements of being a valid DPS and,
therefore, a listable entity under the Act.
Although the population appears to
meet the criteria for being discrete,
neither the information in the petition
nor the information readily available in
our files suggests that the Black Hills
dipper population may be significant in
relation to the remainder of the taxon.
Therefore, we conclude that the
American dipper in the Black Hills of
South Dakota does not satisfy the
elements of being a DPS under our 1996
policy and, therefore, is not a listable
entity under section 3(16) of the Act.
Because the petition does not present
substantial information that the
American dipper in the Black Hills of
South Dakota is a DPS, we did not
evaluate whether the information
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contained in the petition regarding the
conservation status was substantial.
Although we will not commence a
status review in response to this
petition, we will continue to monitor
the American dipper’s population status
and trends, potential threats, and
ongoing management actions that might
be important with regard to the
conservation of the species in the Black
Hills of South Dakota. We encourage
interested parties to continue to gather
data that will assist with these
conservation efforts. New information
should be submitted to the Field
Supervisor, South Dakota Ecological
Services Office (see ADDRESSES).
The petitioners also request that
critical habitat be designated for the
American dipper in the Black Hills of
South Dakota. Because the petition does
not present substantial information that
the American dipper in the Black Hills
of South Dakota may be a DPS, we are
not required to address the designation
of critical habitat, and therefore, will not
be doing so.
If you wish to provide information
regarding the American dipper in the
Black Hills, you may submit your
information or materials to the Field
Supervisor of the South Dakota
Ecological Services Office (see
ADDRESSES) at any time.
References Cited
A complete list of all references is
available upon request from the Field
Supervisor (see ADDRESSES).
Author
The primary authors of this document
are staff members at the South Dakota
Ecological Services Office (see
ADDRESSES).
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C.1531 et seq.).
Dated: October 9, 2009
Daniel M. Ashe
Acting Director, U.S. Fish and Wildlife Service
[FR Doc. E9–25524 Filed 10–26–09; 8:45 am]
BILLING CODE 4310–55–S
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Agencies
[Federal Register Volume 74, Number 206 (Tuesday, October 27, 2009)]
[Proposed Rules]
[Pages 55177-55180]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25524]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R6-ES-2009-0064]
[MO 922105 0083-B2]
Endangered and Threatened Wildlife and Plants; 90-day Finding on
a Petition To List the American Dipper in the Black Hills of South
Dakota as Threatened or Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to list the distinct population segment
(DPS) of American dipper (Cinclus mexicanus unicolor) in the Black
Hills of South Dakota as threatened or endangered and designate
critical habitat under the Endangered Species Act of 1973, as amended
(Act). For the purposes of this finding, we evaluated whether the
petition presents substantial information to indicate whether the
petitioned entity (the American dipper in the Black Hills of South
Dakota) is a listable entity. Based on our review of the best available
scientific and commercial information, we conclude that the American
dipper in the Black Hills of South Dakota is not a listable entity
under the Act. Because the petition did not present substantial
information that the American dipper in the Black Hills of South Dakota
is a DPS, we did not evaluate whether the information contained in the
petition regarding threats was substantial. Therefore, we will not
initiate a status review to determine if listing this subspecies is
warranted in response to this petition. However, the public may submit
to us new information concerning the subspecies, its status, or threats
to it at any time.
DATES: You may submit new information concerning this subspecies for
our consideration at any time.
ADDRESSES: This finding is available on the Internet at https://www.regulations.gov. Supporting documentation we used in preparing this
finding is available for public inspection, by appointment, during
normal business hours at the South Dakota Ecological Services Office,
U.S. Fish and Wildlife Service, 420 South Garfield Avenue, Suite 400,
Pierre, SD 57501. Please submit any new information, materials,
comments, or questions concerning this finding to the above address.
FOR FURTHER INFORMATION CONTACT: Pete Gober, Field Supervisor, South
Dakota Ecological Services Office (see ADDRESSES section) (telephone
605-224-8693). If you use a telecommunications device for the deaf
(TDD), call the Federal Information Relay Service (FIRS) at 800-877-
8339.
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the Act (16 U.S.C. 1531 et seq.) requires
that we make a finding on whether a petition to list, delist, or
reclassify a species presents substantial scientific or 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
[[Page 55178]]
maximum extent practicable, we are to make this finding within 90 days
of our receipt of the petition and publish our notice of this finding
promptly in the Federal Register.
Our standard for substantial scientific or commercial information
within the Code of Federal Regulations (CFR) with regard to a 90-day
petition finding is ``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)). If we find that substantial
scientific or commercial information was presented, we are required to
promptly review the status of the species (status review).
We base this 90-day finding on information provided by the
petitioners and our evaluation of that information in relation to
information available in our files at the time of the petition review.
This finding summarizes the information included in the petition and
information available to us at the time of the petition review. Under
section 4(b)(3)(A) of the Act and our regulations at 50 CFR 424.14(b),
our review of a 90-day finding is limited to a determination of whether
the information in the petition meets the ``substantial [scientific or
commercial] information'' threshold.
Previous Federal Actions
On March 28, 2003, the Biodiversity Conservation Alliance, Center
for Native Ecosystems, and Jeremy Nichols petitioned the Service to
list the Black Hills American dipper distinct population segment (DPS)
as an endangered or threatened species. We received a Notice of Intent
to sue from the petitioners on July 21, 2003, who subsequently filed a
complaint with the U.S. District Court for the District of Columbia on
August 20, 2004. On January 24, 2005, we reached a settlement agreement
to publish a 90-day finding in the Federal Register by January 20,
2006. On January 26, 2006, we determined in a 90-day finding that the
Black Hills American dipper did not meet the elements for being a DPS
and, therefore, was not a listable entity under the Act (71 FR 4341).
Petition
On October 2, 2008, we received a petition dated September 29,
2008, requesting that we list the DPS of American dipper in the Black
Hills of South Dakota as threatened or endangered under the Act and
designate critical habitat for that DPS. In addition, the petition
requested emergency listing of the DPS. The petition, submitted by the
Biodiversity Conservation Alliance, Center for Native Ecosystems,
Native Ecosystems Council, and Prairie Hills Audubon Society, was
clearly identified as a petition for a listing rule, and it contained
the names, signatures, and addresses of the requesting parties.
Included in the petition was supporting information regarding the
subspecies' taxonomy and ecology, historical and current distribution,
present status, and potential causes of decline. We acknowledged the
receipt of the petition and addressed the request for emergency listing
in a letter to Mr. Duane Short, dated December 5, 2008. The letter
stated that we determined that the Black Hills population would need to
meet our policy criteria as a DPS or a significant portion of the range
of the subspecies before we can determine if emergency listing is
necessary.
Species Information
The American dipper is a small, gray passerine bird that inhabits
western Canada, Mexico, and the western United States, including the
Black Hills (Pettingill and Whitney 1965, p. 74; Anderson 2002, p. 2)
of South Dakota. The American dipper utilizes permanent, clean, cold,
and swift mountain streams (Price and Bock 1983, p. 2; Tyler and
Ormerod 1994, p. 3; Kingery 1996, p. 4; Feck 2002, p. 2) with abundant
and healthy populations of benthic macroinvertebrates, the dipper's
prey (Ealey 1977, p. 104; Price and Bock 1983, p. 2; Tyler and Ormerod
1994, p. 38; Kingery 1996, p. 6). Dippers are usually found in streams
with rock, sand, and rubble substrates, which also are associated with
the highest abundance of aquatic invertebrates. American dippers
establish linear territories along a river in early spring (Kingery
1996, p. 11). They remain in or near their territories most of the
year, depending upon the availability of open water. Dipper nest sites
can be found on streamside rock cliffs, waterfalls, large rocks in
midstream, or under bridges (Kingery 1996, p. 14).
Distribution and Abundance
The Black Hills are the eastern edge of the American dipper's
range. The dipper is a permanent year-round resident of the Black Hills
and has historically been known to inhabit nearly all permanent, fast-
flowing streams in the area (Pettingill and Whitney 1965, p. 74). There
are few records of American dippers making long-distance flights, and
these records do not substantiate that these movements contribute to
the establishment of new populations (Kingery 1996, p. 4; Muelhausen
1970, p. 136). No instances of long-distance dispersal of dippers
between the Black Hills and the next nearest populations of American
dipper to the west in the Big Horn Mountains of north-central Wyoming
and the Laramie Range of east-central Wyoming have been documented. In
addition to the apparent lack of long distance movements, the dipper
population in the Black Hills is isolated from other populations by
geographical barriers to dispersal in the form of extensive grasslands,
poor-quality stream habitat, and the lack of water connections to
dipper populations existing west of the Black Hills (Backlund 2001, p.
1).
Verified historical American dipper reports have been recorded on
six streams or their tributaries in the Black Hills: French Creek,
Rapid Creek, Box Elder Creek, Elk Creek, Whitewood Creek, and Spearfish
Creek (Backlund 2001, pp. 2-4). Other streams are unable to support
self-sustaining populations of dipper due to habitat degradation,
erratic water flows, loss of water flow, poor water quality, and other
impacts (Backlund 2001, p. 4). Currently, nesting dippers can be found
on only two streams in the Black Hills--Spearfish Creek and Whitewood
Creek (Lovett 2008, p. 2).
Dipper nest surveys in the Black Hills were started in 1993 by
South Dakota Game, Fish and Parks, and became more extensive from 2003
to 2008. The lowest number of dippers reported on Spearfish Creek was
10 in 1997, with only two nests found (Backlund 2001, p. 4). In 2008,
the number of dippers reported on Spearfish Creek was approximately 54
adults, with 38 nest attempts (Lovett 2008, p. 12). This is the second
highest number of adults compared to 56 adults in both 2005 and 2006;
there were 42 nest attempts in 2005 and 36 nest attempts in 2006. In
2008, Whitewood Creek had six adults observed and four known nest
attempts (Lovett 2008, p. 12). Select areas of French Creek, Rapid
Creek, and Boxelder Creek were checked for dippers but neither dippers
nor active nests were found (Lovett 2008, p. 37).
Distinct Vertebrate Population Segment
The petitioners have asked us to consider listing a DPS of the
American dipper in the Black Hills of South Dakota. Under the Act, we
can consider for listing any species, subspecies, or DPS of any species
of vertebrate fish or wildlife that interbreeds when mature. To
implement the measures prescribed by the Act and its congressional
guidance, we developed a joint policy with the National Oceanic and
Atmospheric Administration entitled Policy Regarding the Recognition of
Distinct Vertebrate Population Segments
[[Page 55179]]
under the Act (61 FR 4722; February 7, 1996) (DPS Policy). Under the
DPS policy, we must consider three elements in making our decision
whether an entity qualifies as a DPS that warrants listing as
endangered or threatened under the Act. The three elements are: (1) The
population segment's discreteness in relation to the remainder of the
species to which it belongs; (2) the population segment's significance
to the species to which it belongs; and (3) the population segment's
conservation status in relation to the Act's standards for listing--
that is, when treated as if it were a species, is the population
segment endangered or threatened? For the purposes of this finding, we
evaluated whether the petition presented substantial information to
indicate whether the petitioned entity (the American dipper in the
Black Hills of South Dakota) is a listable entity.
Discreteness
The DPS policy states that a population segment of a vertebrate
species may be considered discrete if it satisfies either one of the
following two conditions: (1) It must be markedly separated from other
populations of the same taxon as a consequence of physical,
physiological, ecological, or behavioral factors, or (2) it must be
delimited by international governmental boundaries within which
significant differences in control of exploitation, management of
habitat conservation status, or regulatory mechanisms exist that are
significant in light of section 4(a)(1)(D) of the Act.
Substantial information is presented in the petition to indicate
that the Black Hills population may be markedly separated from other
populations of the American dipper as a consequence of physical
factors. The Black Hills is an isolated mountain range located within
the plains of western South Dakota and northeastern Wyoming (Raventon
1994, p. 15). The Great Plains, which entirely surround the Black
Hills, create a major physical barrier separating the Black Hills
American dipper populations from other Rocky Mountain populations to
the west (Hall et al. 2002, p. 3). The Big Horn Mountains,
approximately 241 to 322 kilometers (km) (150 to 200 miles (mi)) to the
west, is the closest mountain range to the Black Hills (Froiland 1990,
p. 11). The expanse of grassland separating the Black Hills from other
mountain ranges is incapable of supporting American dippers and
represents a significant barrier to dispersal (Backlund 2001, p. 1;
Voelker 2002, p. 582). The streams and rivers of the Great Plains are
described as typically silt-laden, turbid, alkaline, and subject to
erratic flows which precludes their use by dippers (Smith and Hubert
1989, p. 27).
Information in the petition, as supported by information readily
available in our files, suggests that there is a substantial physical
isolation of the Black Hills population of the American dipper.
Therefore, the petition presents substantial information indicating
that the Black Hills population of the American dipper meets the
condition for discreteness under our DPS policy that the population is
markedly separated from other populations of the same taxon. The Black
Hills population of the American dipper is located entirely within the
United States, therefore the international governmental boundaries
provision for discreteness does not apply.
Significance
Under our DPS policy, if we determine that a population segment is
discrete, we further consider that population's biological and
ecological significance to the taxon to which it belongs, within the
context that the DPS policy be used ``sparingly'' while encouraging the
conservation of genetic diversity (61 FR 4722; February 7, 1996). This
consideration may include, but is not limited to: (1) Persistence of
the discrete population segment in an ecological setting unusual or
unique for the taxon; (2) evidence that loss of the population segment
would result in a significant gap in the range of the taxon; (3)
evidence that the discrete population segment represents the only
surviving natural occurrence of a taxon that may be more abundant
elsewhere as an introduced population outside its historical range; and
(4) evidence that the discrete population segment differs markedly from
other populations of the subspecies in its genetic characteristics.
These four considerations are addressed here:
(1) Persistence of the population segment in an ecological setting
that is unusual or unique for the taxon.
The American dipper occupies permanent, clean, cold, and swift
mountain streams throughout the western half of North America,
including the Black Hills (Kingery 1996, p. 2). The petition contends
that the streams in the Black Hills inhabited by dippers may be a
unique ecological setting because the Black Hills themselves are a
unique ecosystem. We recognize that the Black Hills have many unique
ecological features, but information readily available in our files
(Kingery 1996) indicates that the Black Hills are not unusual. These
mountain ecosystems share commonalities, such as clean, cold, swift
mountain streams with suitable substrate that provide the habitats for
invertebrate species used by dippers. In that respect, the Black Hills
are similar to other western mountain ecosystems that also support
American dippers.
In addition, the petition claims that Black Hills streams have
features that make them ecologically unique. Streams throughout the
Rocky Mountains vary in many features, including elevation, gradient,
substrate, parent geological material, and riparian vegetation, such
that virtually every stream could be considered ``unique.'' Information
readily available in our files (Kingery 1996) indicates that the key
features of Black Hills streams used by dippers--cold temperatures,
good water quality, suitable substrate, and swift flow--are the same
key features of dipper-utilized streams elsewhere throughout the Rocky
Mountains. Accordingly, we do not believe the petition presents
substantial information that the clean, cold, swift streams of the
Black Hills occupied by dippers are an ecological setting that is
unusual or unique for this subspecies.
(2) Evidence that loss of the discrete population segment would
result in a significant gap in the range of taxon.
The petition claims that the Black Hills dipper population is at
the eastern edge of its global distribution and its loss would result
in a significant gap in the range of the dipper. Information readily
available in our files (Kingery 1996, NatureServe.org 2007) states that
the American dipper's breeding range extends from western Alaska
eastward across north-central Alaska; southward along the Pacific
Coast, and throughout the Rocky Mountains into New Mexico. The
subspecies is absent from the Great Basin area except for scattered
populations. The subspecies' range includes mountain streams in an area
that is approximately 5,000 km (3,107 mi) from north to south and
approximately 1,800 km (1,118 mi) from west to east at its widest
point. Within that range, there are thousands of suitable streams and
tens of thousands of kilometers of occupied streams. The Black Hills
dipper population, which occupies two streams that represent less than
80 km (50 mi) of occupied stream habitat, is a small population
relative to the entire range. Populations of dippers exist throughout
suitable streams in the Rocky Mountains. The Black Hills dipper
population is small, and there is no information in the petition or
readily available in our files to suggest that it makes a significant
contribution to the taxa. The dipper-occupied streams in the Black
Hills are on the eastern edge of the dipper's overall range in the
[[Page 55180]]
United States; however, mountain streams in the southern parts of the
subspecies' range (the i.e. front ranges of Colorado and, Mexico) are
as far or farther east than the Black Hills.
We find that the petition does not present substantial information
that loss of the population segment would result in a significant gap
in the range of the taxon because it did not provide substantial
information that the population in the Black Hills is significant to
the taxa as a whole.
(3) Evidence that the discrete population segment represents the
only surviving natural occurrence of a taxon that may be more abundant
elsewhere as an introduced population outside its historical range.
The petition does not address this consideration. As stated above
under ``Distribution and Abundance,'' the American dipper survives
naturally throughout much of western North America. As such, this
consideration is not applicable to the Black Hills population of the
American dipper.
(4) Evidence that the discrete population segment differs markedly
from other populations of the subspecies in its genetic
characteristics.
The petition does not address this consideration. We are aware that
a genetic analysis was conducted to determine whether the Black Hills
population of the American dipper is genetically distinct from other
American dipper populations in North America (Anderson et al. 2007).
The research analyzed samples from six populations (Black Hills, South
Dakota; Big Horn Mountains, Wyoming; and four locations in west-central
Montana and east-central Idaho). Information from this research
suggests that genetic differences could exist among the dipper
populations studied. However, the study did not address the
significance of the Black Hills population of American dipper to the
taxon as a whole. The results of the study do not lead us to believe
there are significant genetic differences to meet the criteria in our
DPS policy for significance based on genetics.
The information as provided in the petition does not meet the four
considerations for significance. Only the first two considerations are
actually addressed in the petition and do not present substantial
information in favor of significance. Little information is available
in our files to support the third and fourth considerations, and no
information was presented in the petition with respect to those
criteria.
Conservation Status
We did not need to evaluate whether the information contained in
the petition regarding the conservation status in relation to the Act's
standards for listing was substantial, because the petition does not
present substantial information that the American dipper in the Black
Hills of South Dakota is a DPS and, therefore, a listable entity under
the Act.
Finding
We have reviewed the information presented in the petition and have
evaluated that information in relation to information readily available
in our files. On the basis of our review, we find that the petition
does not present substantial scientific or commercial information to
indicate that listing the American dipper in the Black Hills of South
Dakota may be warranted. This finding is based on the lack of
substantial scientific evidence to indicate that the American dipper in
the Black Hills of South Dakota may meet the elements of being a valid
DPS and, therefore, a listable entity under the Act. Although the
population appears to meet the criteria for being discrete, neither the
information in the petition nor the information readily available in
our files suggests that the Black Hills dipper population may be
significant in relation to the remainder of the taxon. Therefore, we
conclude that the American dipper in the Black Hills of South Dakota
does not satisfy the elements of being a DPS under our 1996 policy and,
therefore, is not a listable entity under section 3(16) of the Act.
Because the petition does not present substantial information that the
American dipper in the Black Hills of South Dakota is a DPS, we did not
evaluate whether the information contained in the petition regarding
the conservation status was substantial.
Although we will not commence a status review in response to this
petition, we will continue to monitor the American dipper's population
status and trends, potential threats, and ongoing management actions
that might be important with regard to the conservation of the species
in the Black Hills of South Dakota. We encourage interested parties to
continue to gather data that will assist with these conservation
efforts. New information should be submitted to the Field Supervisor,
South Dakota Ecological Services Office (see ADDRESSES).
The petitioners also request that critical habitat be designated
for the American dipper in the Black Hills of South Dakota. Because the
petition does not present substantial information that the American
dipper in the Black Hills of South Dakota may be a DPS, we are not
required to address the designation of critical habitat, and therefore,
will not be doing so.
If you wish to provide information regarding the American dipper in
the Black Hills, you may submit your information or materials to the
Field Supervisor of the South Dakota Ecological Services Office (see
ADDRESSES) at any time.
References Cited
A complete list of all references is available upon request from
the Field Supervisor (see ADDRESSES).
Author
The primary authors of this document are staff members at the South
Dakota Ecological Services Office (see ADDRESSES).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C.1531 et seq.).
Dated: October 9, 2009
Daniel M. Ashe
Acting Director, U.S. Fish and Wildlife Service
[FR Doc. E9-25524 Filed 10-26-09; 8:45 am]
BILLING CODE 4310-55-S