33282 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Proposed Rules

In January 2004, a Community SUMMARY: We, the U.S. Fish and FOR FURTHER INFORMATION CONTACT: Advisory Group (CAG) was formed for Wildlife Service, propose to revise Michael D. George, Field Supervisor, the site. A CAG is a committee, task critical habitat for the Salt Creek tiger U.S. Fish and Wildlife Service, force, or board made up of residents beetle (Cicindela nevadica lincolniana) Nebraska Ecological Services Field affected by a Superfund site. They under the Endangered Species Act. If we Office, 203 W 2nd St., Grand Island, NE provided a public forum where finalize this rule as proposed, it would 68801; telephone 308–382–6468. If you representatives of diverse community extend the Act’s protections to lands use a telecommunications device for the interests can present and discuss their designated as revised critical habitat for deaf (TDD), call the Federal Information needs and concerns related to the site this subspecies. This designation fulfills Relay Service (FIRS) at 800–877–8339. and the cleanup process. The last CAG our obligations under a settlement meeting was held in October 2011. A agreement. The effect of this regulation SUPPLEMENTARY INFORMATION: new group, Child Lead Poisoning is to conserve the habitat of Salt Creek Executive Summary Prevention Group, formed. The first tiger beetles in eastern Nebraska under meeting of the Child Lead Poisoning the Endangered Species Act. Why We Need To Publish a Rule Group was held at City Hall in May DATES: We will accept comments This is a proposed rule to revise the 2012. The purpose of the new group received or postmarked on or before designation of critical habitat for the remains the same. August 5, 2013. Comments submitted endangered Salt Creek tiger beetle. This Determination That the Criteria for electronically using the Federal revision will fulfill the terms of a Deletion Have Been Met eRulemaking Portal (see ADDRESSES settlement agreement reached on June 7, section, below) must be received by 2011 (see Previous Federal Actions). In accordance with 40 CFR 11:59 p.m. Eastern Time of the closing 300.425(e), Region 7 of the EPA finds Under the Endangered Species Act of date. We must receive requests for 1973, as amended (Act; 16 U.S.C. 1531 that the 1,154 residential parcels of the public hearings, in writing, at the Omaha Lead site (the subject of this et seq.), any species that is determined address shown in ADDRESSES by July 19, to be threatened or endangered requires deletion) meet the substantive criteria 2013. for partial NPL deletions. EPA has critical habitat to be designated, to the ADDRESSES: You may submit comments consulted with and has the concurrence maximum extent prudent and by one of the following methods: determinable. Designations and of the State of Nebraska. All responsible (1) Electronically: Go to the Federal parties or other persons have revisions of critical habitat can only be eRulemaking Portal: http:// completed by issuing a rule. implemented all appropriate response www.regulations.gov. In the Search box, actions required. All appropriate Fund- enter Docket No. FWS–R6–ES–2013– This Rule Will Propose Revised Critical financed response under CERCLA has 0068, which is the docket number for Habitat for the Endangered Salt Creek been implemented, and no further this rulemaking. You may submit a Tiger Beetle response action by responsible parties is comment by clicking on ‘‘Comment appropriate. Now!’’ In total, we are proposing 1,110 acres (ac) (449 hectares (ha)) for designation List of Subjects in 40 CFR Part 300 (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments as critical habitat for the Salt Creek tiger Environmental protection, Hazardous Processing, Attn: FWS–R6–ES–2013– beetle in Lancaster and Saunders substances, Intergovernmental relations, 0068; Division of Policy and Directives Counties in Nebraska. This proposed Superfund. Management; U.S. Fish and Wildlife revised critical habitat includes saline Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. Service; 4401 N. Fairfax Drive, MS wetlands and streams associated with 9601–9657; E.O. 12777, 56 FR 54757,3 CFR, 2042–PDM; Arlington, VA 22203. Little Salt Creek and encompasses all 1991 Comp., p.351; E.O. 12580, 52 FR 2923, We request that you send comments three habitat areas occupied by the 3 CFR, 1987 Comp., p.193. only by the methods described above. subspecies at the time of listing. It also Dated: May 16, 2013. We will post all comments on http:// includes saline wetlands and streams Karl Brooks, www.regulations.gov. This generally associated with Rock Creek and Oak Regional Administrator, Region 7. means that we will post any personal Creek (Capitol Beach) that are currently unoccupied, but supported the [FR Doc. 2013–12969 Filed 6–3–13; 8:45 am] information you provide us (see the subspecies less than 20 years ago. Our BILLING CODE 6560–50–P Public Comments section below for more information). designation also includes segments of The coordinates or plot points or both Haines Branch Creek because this area from which the maps are generated are has the potential to provide suitable DEPARTMENT OF THE INTERIOR included in the administrative record habitat for the Salt Creek tiger beetle and its inclusion will reduce the risk of Fish and Wildlife Service for this critical habitat designation and are available at http://www.fws.gov/ species extinction by providing redundancy in available habitat 50 CFR Part 17 nebraskaes, or http:// www.regulations.gov at Docket No. throughout multiple creeks. Due to the presence of suitable habitat, we believe [FWS–R6–ES–2013–0068] FWS–R6–ES–2013–0068, and at the Nebraska Ecological Services Field that the Salt Creek tiger beetle occurred RIN 1018–AY56 Office (see FOR FURTHER INFORMATION in this area historically; however, they CONTACT). Any additional tools or have not been documented in this Endangered and Threatened Wildlife supporting information that we may location due to minimal survey effort and Plants; Revision of Critical Habitat develop for this critical habitat relative to the annual surveys done at for Salt Creek Tiger Beetle designation will also be available at the Little Salt, Rock, and Oak Creeks. AGENCY: Fish and Wildlife Service, Fish and Wildlife Service Web site and The Basis for Our Action Interior. Field Office set out above, and may also be included in the preamble and/or at Under the Act, any species that is ACTION: Proposed rule. http://www.regulations.gov. determined to be a threatened or

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endangered species shall, to the species should be included in the on http://www.regulations.gov, or by maximum extent prudent and designation and why; appointment, during normal business determinable, have habitat designated (c) Special management hours, at the U.S. Fish and Wildlife that is considered to be critical habitat. considerations or protection that may be Service, Nebraska Ecological Services Section 4(b)(2) of the Act states that the needed in critical habitat areas we are Field Office (see FOR FURTHER Secretary shall designate and make proposing, including managing for the INFORMATION CONTACT). revisions to critical habitat on the basis potential effects of climate change; Previous Federal Actions of the best available scientific data after (d) What areas not occupied at the taking into consideration the economic time of listing are essential for the The final rule to list the Salt Creek impact, national security impact, and conservation of the species and why; tiger beetle as endangered was any other relevant impact of specifying and published on October 6, 2005 (70 FR any particular area as critical habitat. (e) The amount of habitat needed to 58335). At that time, we stated that The Secretary may exclude an area from be occupied by Salt Creek tiger beetles critical habitat was prudent and critical habitat if he determines that the in order to recover the species. determinable; however, we did not benefits of such exclusion outweigh the (3) Land use designations and current designate critical habitat because we benefits of specifying such area as part or planned activities in the subject areas were in the process of identifying the of the critical habitat, unless he and their possible impacts on proposed physical and biological features determines, based on the best scientific critical habitat. essential to conservation of the species. data available, that the failure to (4) Information on the projected and We published a proposed rule to designate such area as critical habitat reasonably likely impacts of climate designate critical habitat on December will result in the extinction of the change on the Salt Creek tiger beetle and 12, 2007 (72 FR 70716). On June 3, species. proposed critical habitat. 2008, we published a notice in the (5) Any probable economic, national Federal Register to reopen the comment We Will Seek Peer Review security, or other relevant impacts of period and announce a public hearing We are seeking comments from designating any area that may be (73 FR 31665). On April 28, 2009, we independent specialists to ensure that included in the final designation; in published a revised proposed rule to our proposed revision of critical habitat particular, any impacts on small entities designate critical habitat (74 FR 19167). is based on scientifically sound data and or families, and the benefits of including A final rule designating approximately analyses. We will invite these peer or excluding areas that exhibit these 1,933 ac (782 ha) of critical habitat was reviewers to comment on our specific impacts. published on April 6, 2010 (75 FR assumptions and conclusions in this (6) Whether any specific areas we are 17466). The Center for Native proposed rule. Because we will consider proposing for revised critical habitat Ecosystems, the Center for Biological all comments and information received designation should be considered for Diversity, and the Xerces Society during the comment period, our final exclusion under section 4(b)(2) of the (plaintiffs) filed a complaint on determinations may differ from this Act, and whether the benefits of February 23, 2011, regarding proposal (see subsequent section on potentially excluding any specific area designation of critical habitat for the Peer Review). outweigh the benefits of including that species. The plaintiffs asserted that we area under section 4(b)(2) of the Act. failed to designate sufficient critical Information Requested (7) Whether we could improve or habitat to conserve and recover the We intend that any final action modify our approach to designating species. A settlement agreement resulting from this proposed rule will be critical habitat in any way to provide for between the plaintiffs and the U.S. Fish based on the best scientific and greater public participation and and Wildlife Service (Service) was commercial data available and be as understanding, or to better reached on June 7, 2011, and we agreed accurate and as effective as possible. accommodate public concerns and to reevaluate our designation of critical Therefore, we request comments or comments. habitat. This proposed rule addresses information from other concerned You may submit your comments and our proposed revisions to the critical government agencies, the scientific materials concerning this proposed rule habitat designation for the Salt Creek community, industry, or any other by one of the methods listed in tiger beetle. interested party concerning this ADDRESSES. We request that you send proposed rule. We particularly seek comments only by the methods Background comments concerning: described in ADDRESSES. It is our intent to discuss below only (1) The reasons why we should or We will post your entire comment— those topics directly relevant to the should not designate habitat as ‘‘critical including your personal identifying proposed revisions to the critical habitat habitat’’ under section 4 of the Act (16 information—on http:// designation for the Salt Creek tiger U.S.C. 1531 et seq.) including whether www.regulations.gov. If you submit your beetle. For more detailed information there are threats to the species from comment by hard copy, you may request regarding the species, refer to the final human activity, the degree of which can at the top of your document that we rule to list the species as endangered be expected to increase due to the withhold personal information such as published on October 6, 2005 (70 FR designation, and whether that increase your street address, phone number, or 58335). email address from public review; in threat outweighs the benefit of Taxonomy and Species Description designation such that the designation of however, we cannot guarantee that we critical habitat may not be prudent. will be able to do so. All comments The Salt Creek tiger beetle (Cicindela (2) Specific information on: submitted via http:// nevadica lincolniana) is a subspecies in (a) The amount and distribution of www.regulations.gov will be posted in the class Insecta, order Coleoptera, and Salt Creek tiger beetle habitat; their entirety. family Carabidae (Integrated Taxonomic (b) What areas that were occupied at Comments and materials we receive, Information System 2012, p. 1). At least the time of listing (or are currently as well as supporting documentation we 85 species of tiger beetles and more than occupied) and that contain features used in preparing this proposed rule, 200 subspecies exist in the United essential to the conservation of the will be available for public inspection States; 26 species and 6 subspecies are

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known from Nebraska (Carter 1989, p. value wetlands were defined as meeting which is not sufficient to sustain the 8). Tiger beetles are fast-moving, one or more of the following criteria: (1) species. predaceous insects (Carter 1989, p. 9). The presence of Salt Creek tiger beetles; Visual surveys of Salt Creek tiger The Salt Creek tiger beetle’s average (2) the presence of one or more rare or beetles, using consistent methods, length is 0.4 inches (in) (10 millimeters restricted halophytes (salt-tolerant timing, and intensity, have been (mm)), and its color is dark brown plants); (3) historical significance as conducted by University of Nebraska at shading to green (Carter 1989, pp. 12 identified by the Nebraska State Lincoln since 1991 (Spomer 2012a, pers and 17). Historical Society; (4) the presence of comm.). Over the past 22 years, the total Distribution, Abundance, and Trends plants characteristic of saline wetlands number of Salt Creek tiger beetle adults and not highly degraded, or the counted during visual surveys has The Salt Creek tiger beetle is endemic potential for saline wetland ranged from 115 (in 1993) to 777 (in to saline wetlands associated with the characteristics after enhancement or 2002) individuals (Figure 1). The most Salt Creek watershed and some of its restoration; and (5) high potential for recent count was 374 adults in 2012. A tributaries in Lancaster and southern restoration of the historical salt source. 2-year mark-recapture study indicated Saunders Counties in eastern Nebraska Other categories of wetlands described that visual surveys may underestimate (Allgeier 2005, p. 18). Historical in the inventory, including Categories 2, the species’ population by estimates of the extent of these saline 3, and 4, were thought to provide approximately 40–50 percent, and wetlands vary. Fowler (2012, p. 41) limited or no saline wetland functions. recommended that a 2X correction estimates that approximately 65,000 ac At that time, it was thought that these factor be applied (Allgeier et al. 2003, p. (26,000 ha) of saline wetlands occurred 6; Allgeier et al. 2004, p. 3; Allgeier historically within the Salt Creek wetland types had little or no potential 2005, p. 40). However, these mark- watershed. LaGrange et al. (2003, p. 3) for reestablishing the salt source and recapture efforts were conducted on a estimated that more than 20,000 ac hydrology needed to restore and small population that may have (8,100 ha) occurred historically. Farrar maintain saline conditions (Gilbert and and Gersib (1991, p. 20) cite a report Stutheit 1994, p. 7). Since 1994, experienced immigration or emigration from 1862 that estimated 16,000 ac however, techniques involving removal during the sampling period; therefore, (6,480 ha) of saline wetlands in four of excess sediment and restoration of all assumptions may not have been met basins near the present-day town of saline water through installation of (Spomer 2012b, pers. comm.) and use of Lincoln. It is not clear which four basins wells has made restoration of Categories these results to make a population they are describing, but these basins 1, 2 and 3 feasible. Removal of sediment estimate may not be appropriate. were likely only a portion of the entire has exposed saline seeps and restored Additionally, mark-recapture requires eastern Nebraska saline wetland Salt Creek tiger beetle habitat along handling beetles and may interfere with complex. Historically, the Salt Creek Little Salt Creek to the extent that the egg-laying (Allgeier 2004, p. 3). tiger beetle was probably widely species now uses some of the restored Therefore, visual studies are preferred distributed throughout the eastern areas (Harms 2013, pers. comm.). since they are more economical and less saline wetlands of Nebraska, especially Category 2, 3, and 4 wetlands can also intrusive (Allgeier et al. 2003, p. 6; at the type locality of Capitol Beach protect Category 1 saline wetlands from Allgeier et al. 2004, p. 3; Allgeier 2005, (Allgeier 2005, p. 41) along Oak Creek. negative impacts associated with p. 53); however, visual studies do not However, in the past 150 years, sediment transport and freshwater provide the same precision as do mark- approximately 90 percent of these dilution of salinity. Without adjacent recapture studies. wetlands have been degraded or lost Category 2–4 wetlands, Category 1 Insects typically show greater due to urbanization, agriculture, and saline wetlands can degrade and cease population variability than many other drainage (LaGrange et al. 2003, p. 1; providing saline wetland functions animal species (Thomas 1990, p. 326), Allgeier 2005, p. 41). (USFWS 2005, p. 11; LaGrange 2005, and their annual population numbers The most complete recent inventory, pers comm.; Stutheit 2005, pers comm.). are generally cyclic. A very small conducted in 1992 and 1993, identified The Service completed a detailed population size indicates a vulnerability 3,244 ac (1,314 ha) of ‘‘Category 1’’ assessment of wetlands prior to listing to extinction (Thomas 1990, pp. 325– wetlands remaining in Lancaster and the Salt Creek tiger beetle in 2005 and 326; Shaffer 1981, p. 131; Lande 1993, Saunders Counties (Gilbert and Stutheit concluded that, following years of pp. 911–912; Primack 1998, p. 179) 1994, p. 10). The authors define degradation in the Salt Creek watershed, because when numbers decline, the Category 1 wetlands as high-value saline approximately 35 ac (14 ha) of barren population can become locally wetlands or saline wetlands with the salt flats and saline stream edges extirpated. The long-term data shows a potential to be restored to high value contain the entire habitat currently fluctuating, but very small population (Gilbert and Stutheit 1994, p. 6). High- occupied by the Salt Creek tiger beetle, size for Salt Creek tiger beetles.

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In addition to the number of 1993, p. 394; LaGrange et al. 2003, p. 4). geology, geomorphic features (including individuals, the number of populations Soil moisture and soil salinity are manmade features), and topographic is critical when considering critically important in habitat selection characteristics all affect the hydrology of distribution, abundance, and trends. (Allgeier et al. 2004, p. 6) for foraging, the wetlands, resulting in variability Salt Creek tiger beetles have been where the female lays eggs, and for between each wetland (Kelly 2011, pp. located at 14 sites since surveys began larval habitat. The species uses soil 97–99). in 1991 (Brosius 2010, p. 12). We moisture and soil salinity to partition Life History consider these 14 sites to represent 6 habitat between other collocated species different populations based upon of tiger beetles (Allgeier 2005, p. 64). The Salt Creek tiger beetle typically documented dispersal distances and Moist, saline, open flats are needed for has a 2-year life cycle of egg, larval, and presence of discrete suitable habitat for thermoregulation, reproduction, and adult stages (Ratcliffe and Spomer 2002, the species (70 FR 58336, October 6, foraging. unpaginated; Allgeier 2005, pp. 3–4). Adult females lay eggs in moist, saline 2005). Three of these populations have Nebraska’s eastern saline wetlands are been extirpated since surveys began in mudflats along the banks of seeps and maintained through groundwater in saline wetland habitats when soil 1991: The Capitol Beach population discharge from the Dakota Aquifer along Oak Creek, the Upper Little Salt moisture and saline levels are System occurring in the flood plains of appropriate. Upon hatching, each larva Creek–South population on Little Salt Salt Creek as it flows in a general Creek, and the Jack Sinn Wildlife excavates a burrow where it lives for the pattern from southwest to northeast of next 2 years; the burrow is enlarged by Management Area (WMA) population Lincoln, Nebraska, in Lancaster and the larva as it grows. Larvae are on Rock Creek. For these populations, southern Saunders Counties (Harvey et sedentary predators, catching prey that surveys showed that the number of al. 2007, p. 738). From the perspective passes nearby. Larvae are more directly individuals declined and then of the larger Nebraska Eastern Saline affected by a limited food supply than completely disappeared, leaving us to Wetlands ecosystem, little is known adults because they are not as mobile as conclude that the population had about the connections between the adults and almost never leave their become locally extirpated. The three surface water and the underlying burrows. Following pupation, adults remaining populations, Upper Little Salt groundwater and dissolved salts, or emerge from the burrows in the late Creek–North, Arbor Lake, and Little Salt about the extent of the flow systems that spring to early summer of their second Creek–Roper, all occur in the Little Salt feed the wetlands. From a local year and mate. Adults are typically Creek watershed, along a stream reach perspective, especially when making active in May, June, and July before of approximately 7 miles (mi) (11 decisions about land management dying (Allgeier 2005, p. 63). kilometers (km)) (Fowler 2012, p. 41). actions, it can be difficult to make Adult Salt Creek tiger beetles have a Habitat informed management decisions about mean dispersal distance of 137 feet (ft) wetland protection or the impact of (42 meters (m)), a maximum dispersal of The Salt Creek tiger beetle has very future development (Harvey et al. 2007, 1,506 ft (459 m), and most are recovered specific habitat requirements. It occurs p. 738). However, the eastern saline within 82 ft (25 m) of the marking in remnant saline wetlands on exposed wetlands are dependent upon a location, based upon a study of 60 mudflats and along the banks of streams regional-scale groundwater flow system individuals (Allgeier 2005, p. 50) in and seeps that contain salt deposits and may not be replenished indefinitely which 24 individuals were relocated (Carter 1989, p. 17; Spomer and Higley (Harvey et al. 2007, p. 750). Subsurface following capture and 36 were not. The

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Salt Creek tiger beetle appears to have the consultation requirements of section Government Appropriations Act for narrower habitat requirements for egg- 7(a)(2) of the Act would apply, but even Fiscal Year 2001 (Pub. L. 106–554; H.R. laying, foraging, and thermoregulation in the event of a destruction or adverse 5658)), and our associated Information than other tiger beetles found in modification finding, the obligation of Quality Guidelines, provide criteria, Nebraska’s eastern saline wetlands the Federal action agency and the establish procedures, and provide (Brosius 2010, p. 5). landowner is not to restore or recover guidance to ensure that our decisions the species, but to implement are based on the best scientific data Critical Habitat reasonable and prudent alternatives to available. They require our biologists, to Background avoid destruction or adverse the extent consistent with the Act and modification of critical habitat. with the use of the best scientific data Critical habitat is defined in section 3 Under the first prong of the Act’s available, to use primary and original of the Act as: definition of critical habitat, areas sources of information as the basis for (1) The specific areas within the within the geographical area occupied recommendations to designate critical geographical area occupied by the by the species at the time it was listed habitat. species, at the time it is listed in are included in a critical habitat When we are determining which areas accordance with the Act, on which are designation if they contain physical or should be designated as critical habitat, found those physical or biological biological features (1) which are our primary source of information is features essential to the conservation of the generally the information developed (a) Essential to the conservation of the species and (2) which may require during the listing process for the species, and special management considerations or species. Additional information sources (b) Which may require special protection. For these areas, critical may include the recovery plan for the management considerations or habitat designations identify, to the species, articles in peer-reviewed protection; and extent known using the best scientific journals, conservation plans developed (2) Specific areas outside the and commercial data available, those by States and counties, scientific status geographical area occupied by the physical or biological features that are surveys and studies, biological species at the time it is listed, upon a essential to the conservation of the assessments, other unpublished determination that such areas are species (such as space, food, cover, and materials, experts’ opinions, or personal essential for the conservation of the protected habitat). In identifying those knowledge. species. physical and biological features within Habitat is dynamic, and species may Conservation, as defined under an area, we focus on the principal move from one area to another over section 3 of the Act, means to use and biological or physical constituent time. We recognize that critical habitat the use of all methods and procedures elements (primary constituent elements designated at a particular point in time that are necessary to bring an such as roost sites, nesting grounds, may not include all of the habitat areas endangered or threatened species to the seasonal wetlands, water quality, tide, that we may later determine are point at which the measures provided soil type) that are essential to the necessary for the recovery of the pursuant to the Act are no longer conservation of the species. Primary species. For these reasons, a critical necessary. Such methods and constituent elements are those specific habitat designation does not signal that procedures include, but are not limited elements of the physical or biological habitat outside the designated area is to, all activities associated with features that provide for a species’ life- unimportant or may not be needed for scientific resources management such as history processes and are essential to recovery of the species. Areas that are research, census, law enforcement, the conservation of the species. important to the conservation of the habitat acquisition and maintenance, Under the second prong of the Act’s species, both inside and outside the propagation, live trapping, and definition of critical habitat, we can critical habitat designation, will transplantation, and, in the designate critical habitat in areas continue to be subject to: (1) extraordinary case where population outside the geographical area occupied Conservation actions implemented pressures within a given ecosystem by the species at the time it is listed, under section 7(a)(1) of the Act, (2) cannot be otherwise relieved, may upon a determination that such areas regulatory protections afforded by the include regulated taking. are essential for the conservation of the requirement in section 7(a)(2) of the Act Critical habitat receives protection species. For example, an area currently for Federal agencies to ensure their under section 7 of the Act through the occupied by the species, but that was actions are not likely to jeopardize the requirement that Federal agencies not occupied at the time of listing, may continued existence of any endangered ensure, in consultation with the Service, be essential to the conservation of the or threatened species, and (3) section 9 that any action they authorize, fund, or species and may be included in the of the Act’s prohibitions on taking any carry out is not likely to result in the critical habitat designation. We individual of the species, including destruction or adverse modification of designate critical habitat in areas taking caused by actions that affect critical habitat. The designation of outside the geographical area occupied habitat. Federally funded or permitted critical habitat does not affect land by a species only when a designation projects affecting listed species outside ownership or establish a refuge, limited to its range would be inadequate their designated critical habitat areas wilderness, reserve, preserve, or other to ensure the conservation of the may still result in jeopardy findings in conservation area. Such designation species. some cases. These protections and does not allow the government or public Section 4 of the Act requires that we conservation tools will continue to to access private lands. Such designate critical habitat on the basis of contribute to recovery of this species. designation does not require the best scientific data available. Similarly, critical habitat designations implementation of restoration, recovery, Further, our Policy on Information made on the basis of the best available or enhancement measures by non- Standards Under the Endangered information at the time of designation Federal landowners. Where a landowner Species Act (published in the Federal will not control the direction and requests Federal agency funding or Register on July 1, 1994 (59 FR 34271), substance of future recovery plans, authorization for an action that may the Information Quality Act (section 515 habitat conservation plans (HCPs), or affect a listed species or critical habitat, of the Treasury and General other species conservation planning

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efforts if new information available at (1) Information sufficient to perform appropriate soil moisture and salinity the time of these planning efforts calls required analyses of the impacts of the levels and that are largely barren and for a different outcome. designation is lacking, or nonvegetated. During the species’ nearly (2) The biological needs of the species 2-year larval stage, its spatial Prudency Determination are not sufficiently well known to requirements are small, but very specific Section 4(a)(3) of the Act, as permit identification of an area as in terms of soil texture, moisture, and amended, and implementing regulations critical habitat. chemical composition (Allgeier et al. (50 CFR 424.12) require that, to the When critical habitat is not 2004, pp. 5–6; Allgeier 2005, p. 64; maximum extent prudent and determinable, the Act allows the Service Brosius 2010, p. 20; Harms 2012a, pers determinable, the Secretary shall an additional year to publish a critical comm.). At this stage, the species is a designate critical habitat at the time the habitat designation (16 U.S.C. sedentary predator that positions itself species is determined to be an 1533(b)(6)(C)(ii)). at the top of its burrow to catch prey endangered or threatened species. Our that passes nearby. Tiger beetle larvae regulations (50 CFR 424.12(a)(1)) state We reviewed the available do not move more than an inch or so that the designation of critical habitat is information pertaining to the biological from where eggs are originally deposited not prudent when one or both of the needs of the species and habitat by the female (Brosius 2010, p. 64). following situations exist: characteristics where it is located. This The adult stage of the Salt Creek tiger and other information represent the best (1) The species is threatened by taking beetle lasts a few weeks in May, June, scientific data available and led us to or other human activity, and and July (Carter 1989, pp. 8 and 17). conclude that the designation of critical identification of critical habitat can be Adults have greater spatial requirements habitat is determinable for the Salt expected to increase the degree of threat in order to accommodate foraging needs Creek tiger beetle. to the species, or and egg-laying. We do not have (2) Such designation of critical habitat Physical or Biological Features information regarding historical would not be beneficial to the species. dispersal distances for the species. In accordance with section 3(5)(A)(i) However, adults are strong fliers (Carter There is currently no imminent threat and 4(b)(1)(A) of the Act and regulations of take attributed to collection or 1989, p. 9); therefore, it is likely they at 50 CFR 424.12, in determining which could disperse some distance if vandalism under Factor B for the Salt areas within the geographical area Creek tiger beetle, and identification sufficient suitable habitat was available. occupied by the species at the time of A recent study documented adults and mapping of critical habitat is not listing to designate as critical habitat, dispersing up to 1,506 ft (459 m), with expected to initiate any such threat. In we consider the physical or biological a mean dispersal distance of 137 ft (42 the absence of finding that the features that are essential to the m), and most individuals dispersed less designation of critical habitat would conservation of the species and which than 82 ft (25 m) (Allgeier 2005, p. 50). increase threats to a species, if there are may require special management Longer dispersal movements almost any benefits to a critical habitat considerations or protection. These certainly occur (Allgeier 2005, p. 51). designation, then a prudent finding is include, but are not limited to: A female will lay up to 50 eggs during warranted. Here, the potential benefits (1) Space for individual and her brief adult season, each in a separate of designation include: population growth and for normal burrow (Rabadinanth 2010, p. 14). We (1) Triggering consultation under behavior; do not have species-specific information section 7 of the Act, in new areas for (2) Food, water, air, light, minerals, or regarding the typical distance between actions in which there may be a Federal other nutritional or physiological burrows in the wild. However, tiger nexus where it would not otherwise requirements; beetles using burrows in close proximity occur because, for example, it is or has (3) Cover or shelter; to one another may succumb to become unoccupied or the occupancy is (4) Sites for breeding, reproduction, or intraspecific and interspecific in question; rearing (or development) of offspring; competition (Brosius 2010, p. 27). (2) Focusing conservation activities and Efforts to breed the species in captivity on the most essential features and areas; (5) Habitats that are protected from attempted to keep burrows in terrariums (3) Providing educational benefits to disturbance or are representative of the at least 1 in (25 mm) apart; at this State or county governments or private historic geographical and ecological distance, incidences of burrow collapse entities; and distributions of a species. due to proximity to another burrow (4) Preventing people from causing We derive the specific physical or were documented (Allgeier 2005, pp. inadvertent harm to the species. biological features essential for the Salt 121–122). Therefore, because we have determined Creek tiger beetle from studies of this Population Spatial Needs—We do not that the designation of critical habitat species’ habitat, ecology, and life history have species-specific information will not likely increase the degree of as described below. Additional regarding a minimum viable population threat to the species and may provide information can be found in the final size for the Salt Creek tiger beetle or the some measure of benefit, we find that listing rule published in the Federal amount of habitat needed to sustain a designation of critical habitat is prudent Register on October 6, 2005 (70 FR viable population. However, we have for the Salt Creek tiger beetle. 58335). We have determined that the preliminarily determined that 500– following physical or biological features 1,000 adults is a reasonable estimate of Critical Habitat Determinability are essential for the Salt Creek tiger a minimum viable population for the Having determined that designation is beetle. species based on recovery plans for two prudent, under section 4(a)(3) of the Act other species of tiger beetles in the same we must find whether critical habitat for Space for Individual and Population genus (Cicindela). These plans consider the Salt Creek tiger beetle is Growth and for Normal Behavior a minimum viable population size to be determinable. Our regulations at 50 CFR Individual Spatial Needs—The Salt at least 500–1,000 adults (Hill and 424.12(a)(2) state that critical habitat is Creek tiger beetle requires areas Knisley 1993, p. 23; Hill and Knisley not determinable when one or both of associated with saline seeps along 1994, p. 31). The authors base this the following situations exist: stream banks and salt flats with the estimate on available literature and on

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preliminary observations of population would conclude that approximately laying and during its larval stage, with stability at several sites, but 1,368 ac (554 ha) are required to support mean soil moisture of 47.6 percent acknowledge that there is little 6 viable populations of the species. (Allgeier 2005, p. 72). This high information available regarding the Therefore, based upon the best available moisture percentage likely aids in the amount of habitat necessary to support information, it is reasonable to assume species’ ability to tolerate heat (Allgeier a population of this size. that 696–1,368 ac (282–554 ha) are 2005, p. 75) and keeps the soil malleable The Salt Creek tiger beetle is needed to maintain species viability. during burrow construction and historically known from six populations Therefore, we designed our proposed maintenance (Harms 2012b, pers (70 FR 58336, October 6, 2005); four revised critical habitat units to provide comm.). Adults of the species spend from Little Salt Creek, one from Rock sufficient habitat to ensure the species’ significantly more time on damp Creek, and one from Oak Creek (i.e., recovery. surfaces and in shallow water than other Capitol Beach). We consider this the Summary—Based upon the best tiger beetles (Ratcliffe and Spomer 2002, minimum number of populations available information, we conclude that unpaginated; Brosius 2010, p. 70). This needed to maintain species viability. recovery of the Salt Creek tiger beetle close association with seeps and Half of these populations are now would require at least 6 populations, adjacent shallow pools may allow adults extirpated. Little Salt Creek contains with each population containing at least to forage at times when high saline wetland and stream habitats 500–1,000 adults of the species. We temperatures limit foraging by other currently occupied by the remaining estimate that at least 696–1,368 ac (282– saline-adapted tiger beetles. However, populations of the species. Rock and 554 ha) would be required to maintain this association may also explain some Oak Creeks also contain saline wetland these populations. Given the nature of of the species’ vulnerability to and stream habitats although the species insect populations, which are cyclic and extinction—beyond the loss of saline has disappeared from those areas. One subject to local extirpations, the species wetlands in general, the limited seeps of the populations at Little Salt Creek must be sufficiently abundant and in a and pools in the remaining habitat may (Upper Little Salt Creek South geographic configuration that allows represent a further limitation regarding population) was extirpated leaving the them to repopulate areas following local habitat (Brosius 2010, p. 74). remaining three populations. The two extirpations when suitable habitat Channelization along Salt Creek has additional populations on Rock and Oak conditions return. Salt Creek tiger increased its velocity, which in turn has Creeks existed prior to the mid-1990s beetles require nonvegetated areas resulted in deep cuts in the lower (70 FR 58336, October 6, 2005). Visual associated with stream banks, mid- reaches of its tributaries. This change surveys of adults at the three remaining channel islands, and salt flats to meet has caused these tributary streams to populations on Little Salt Creek over the life-history requirements as core habitat, function like drainage ditches, lowering past 10 years have ranged from 153 to as well as adjacent habitat to facilitate adjacent water table levels and drying 745 individuals (Harms 2009, p. 3). The dispersal and protect core habitat. We many of the wetlands that once Service determined that 38 ac (15 ha) of identify these spatial characteristics as a provided suitable habitat for the species scattered barren salt flats and saline necessary physical feature for this (Farrar and Gersib 1991, p. 29; Murphy stream edges remain in the Little Salt species. 1992, p. 12). Additionally, saline seeps Creek watershed, with approximately 35 Food, Water, Air, Light, Minerals, or located along Little Salt Creek have ac (14 ha) currently occupied by the Salt Other Nutritional or Physiological become over-covered following bank Creek tiger beetle (70 FR 58342, October Requirements sloughing that was facilitated by 6, 2005; George and Harms 2013, pers. channel entrenchment. Seeps are comm.). Food—The Salt Creek tiger beetle is a currently the only locations that provide In the absence of specific data on how predatory insect. Larvae are sedentary much space is required to maintain predators that capture small prey suitable larval habitat. viable populations of Salt Creek tiger passing over or near their burrows on Groundwater—Nebraska’s eastern beetles, we derived an estimate of the the soil surface. Adults are very quick saline wetlands are fed by groundwater amount of habitat needed to support six and agile, and use this ability to actively discharge from the Dakota Aquifer, viable populations as follows. The hunt a wide variety of flying and which is part of the Great Plains Aquifer minimum population of Salt Creek tiger terrestrial invertebrates (Allgeier 2005, (Harvey et al. 2007, p. 741). Urban beetles counted over the past 10 years pp. 1–2, 5). Insect prey may be expansion associated with the City of was 153 adult beetles in 2005, from 3 supported by the limited open habitat in Lincoln is placing increasing demands populations. We consider a minimum of close proximity to the burrows or by the on the aquifer (Gosselin et al. 2001, p. 500 adult beetles necessary to maintain adjacent vegetated habitat. Typical prey 99). The official soil series description a single viable population. The small items include insects belonging to the for the ‘‘Salmo’’ soil series notes that the population of 153 beetles occupied orders Coleoptera (beetles), Orthoptera water table is near the surface in the approximately 35 ac (14 ha) of habitat. (grasshoppers and crickets), Hemiptera spring and at depths of 2–4 ft (0.6–1.2 We estimate that 3.3 times as much (true bugs), Hymenoptera (ants, bees, m) in the fall (USDA 2009). Harvey et habitat would be required to support a and wasps), Odonata (dragonflies), al. (2007, p. 740) monitored minimum of 500 beetles; therefore Diptera (flies), and Lepidoptera (moths groundwater levels and groundwater approximately 116 ac (47 ha) are and butterflies) (Allgeier 2005, p. 5). salinity at Rock Creek and Little Salt required to support a single viable Ants appear to be the most commonly Creek from 2000 through 2002. They population, and approximately 696 ac observed prey of adult tiger beetles found that groundwater did not reach (282 ha) would be required to support (Allgeier 2005, p. 5). Larvae are more the soil surface and was present in the 6 viable populations. This estimate is easily affected by a limited food supply upper few yards (meters) of the soil very conservative from the standpoint than adults because they almost never column only during the spring when that 500 individuals was used as a leave their burrows and must wait for groundwater levels were at their highest minimum viable population size. If the prey (Ratcliffe and Spomer 2002, due to winter snowmelt and spring upper number in the range of 500–1,000 unpaginated). rainstorms. They also noted that the adults to support a single viable Surface Water—The Salt Creek tiger depth of groundwater was related to the population is used, similar calculations beetle prefers very moist soils for egg- proximity of the stream, such that

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groundwater was at a lower depth near blacklight being the most favored by the with Category 1 wetlands along Little a stream than far away from it. They species (Allgeier 2005, pp. 89–95). The Salt Creek including moist saline soils also noted that the area was under slight disruption in behavior caused by lights and seeps which can be located at saline drought conditions during the study could affect egg-laying activity of wetlands and streams. Three additional period. The increased depth to females, if it attracts females into populations occurred in the mid-1990s groundwater in this region is likely due unsuitable habitat. on Little Salt Creek, Oak Creek, and to a combination of factors including Summary—Based upon the best Rock Creek, but these have been drought, channelization along Salt available information, we conclude that extirpated since 1998. No records of the Creek, and water depletions for urban the Salt Creek tiger beetle requires species are known for other tributaries and agricultural uses. If groundwater abundant available insect prey of Salt Creek. However, the species may levels continue to decline, saline (supported by both the immediate core have been abundant historically, based features of the wetlands could gradually habitat and adjacent habitat), moist on numerous museum specimens change to freshwater, or wetlands could saline soils, and minimal light collected from Capitol Beach (Carter dry. Either of these scenarios could pollution. We identify these 1989, p. 17; Allgeier et al. 2003, p. 1). result in extirpation of the Salt Creek characteristics as necessary physical or The Capitol Beach population was tiger beetle from affected wetlands and biological features for the species. severely impacted following could ultimately lead to extinction of Cover or Shelter construction of the Interstate-80 corridor the species. and other urban development (Farrar Saline Soils—Soils in the eastern Burrows—Salt Creek tiger beetle and Gersib 1991, pp. 24–25), and finally saline wetlands of Nebraska typically larvae are closely associated with their disappeared in 1998. Little or no contain chloride or sulfate salts and burrows, which provide cover and suitable habitat remains along Oak have a pH from 7–8.5 (Allgeier 2005, p. shelter for approximately 2 years. Creek because it has been channelized 17). Salt Creek tiger beetles prefer soils Larvae are sedentary predators and and has become somewhat entrenched. that are slightly saline, with an optimal position themselves at the top of their However, numerous saline seeps and a electroconductivity of 2,504 burrows. When prey passes nearby, a large salt flat are located southwest of milliSiemens per meter (mS/m) larva lunges out of its burrow, clutches Oak Creek in its former floodplain. (Allgeier 2005, p. 75). However, the prey in its mandibles, and pulls the Little Salt Creek and Rock Creek still salinities as low as 1,656 mS/m have prey down into the burrow to feed. contain numerous saline wetlands and been measured at survey sites Once a larva obtains enough food, it are the focus of efforts to protect (Rabadinanth 2010, p. 19). Soil salinity plugs its burrow and digs a pupation remaining saline wetlands (Farrar and may serve as a means of partitioning chamber, emerging as an adult in early Gersib 1991, p. 40). Saline seeps are habitat between the 12 species of tiger summer of its second year (Ratcliffe and known to occur at the Haines Branch beetles in the genus Cicindela that use Spomer 2002, unpaginated; Allgeier Creek. Few regular surveys for the Salt the saline wetlands of Nebraska 2005, p. 2). The species is a visual Creek tiger beetle have been done in (Allgeier et al. 2004, pp. 5–6; Allgeier predator, requiring open habitat to these areas; however, suitable habitat 2005, p. 65; Brosius 2010, p. 13). locate prey (Ratcliffe and Spomer 2002, occurs there, and more habitat could be The ‘‘Salmo’’ soil series is found at all unpaginated). Consequently, a clear line potentially restored to aid in the known occurrences for the species of sight is important. Habitat that recovery of the Salt Creek tiger beetle (Allgeier 2005, p. 42). This soil type is becomes covered with vegetation no (USFWS 2005, p. 18). Given the formed on saline flood plains, and its longer provides suitable larval habitat presence of suitable habitat for a species characteristics typically include: (1) A (Allgeier 2005, p. 78). Burrow habitat with very narrow habitat preferences texture of silt loam or silty-clay loam, can also be impacted from disturbances with historical records nearby, we can (2) 0–2 percent slope, (3) somewhat such as trampling (Spomer and Higley infer that the species was likely present poorly drained or poorly drained soils, 1993, p. 397), which causes soil there in the past. and (4) 0–3 feet to the water table compaction and damages the fragile The Salt Creek tiger beetle has very (Gersib and Steinauer 1991, p. 41; crust of salt that is evident on the soil specific habitat requirements for Gilbert and Stutheit 1994, p. 4; USDA surface. After the adult emerges from foraging, egg-laying, and larval 2009, pp. 1–3). The ‘‘Saltillo’’ soil series the pupa, it remains in the burrow development. Requirements regarding is found in adjacent Saunders County chamber while its outer skeleton water, soil salinity, and exposed habitat and has soil characteristics very similar hardens (Ratcliffe and Spomer 2002, are described in the previous sections. to the ‘‘Salmo’’ soil series (USDA 2006, unpaginated). For the remainder of its Summary—Based upon the best pp. 1–4). Consequently we believe that brief adult stage, burrows are no longer available information, we conclude that this soil type may also be able to used. the Salt Creek tiger beetle requires a provide suitable salinity levels and Summary—Based upon the best core habitat of moist saline soils with capacity to hold sufficient soil moisture available information, we conclude that minimal vegetative cover for foraging, for the species. the Salt Creek tiger beetle requires a egg-laying, and larval development. Light—Salt Creek tiger beetles have suitable burrow in moist, saline, Adjacent, more vegetative habitat is only been observed laying eggs at night sparsely vegetated soils for its larval used for shade to cool adults (Harms (Allgeier et al. 2004, p. 5). Light stage. We identify this characteristic as 2013, pers comm.), protecting core pollution from urban areas likely a necessary physical feature for the habitat, and supporting a diverse source disrupts nocturnal behavior by species. of prey for adults and larval Salt Creek attracting beetles towards the light and tiger beetles. Approximately 90 percent out of their normal habitats (Allgeier et Sites for Breeding, Reproduction, or of all remaining wetlands suitable for al. 2003, p. 8). In both field and Development of Offspring Salt Creek tiger beetles occur in the laboratory studies, attraction to light Annual visual surveys have been Little Salt Creek, Rock Creek from different types of lamps varied, in conducted since 1991, when six watersheds, but saline seeps and decreasing order, from blacklight, populations were known. Each of the wetlands also occur at Oak and Haines mercury vapor, fluorescent, three populations of Salt Creek tiger Branch Creeks. We identify barren salt incandescent, and sodium vapor, with beetle currently known is associated flats and saline seeps along streams and

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within suitable wetlands as a necessary discussion of threats to the Salt Creek channelization projects, increased physical feature for the species. tiger beetle and its habitat can be found surface water runoff, and residential or in the October 6, 2005, final rule to list road development that could alter soil Primary Constituent Elements for Salt the species (70 FR 58335). moisture levels, salinity, open habitat, Creek Tiger Beetle The primary threats impacting the or low light levels required by the Under the Act and its implementing physical and biological features species. regulations, we are required to identify essential to the conservation of the Salt the physical or biological features Creek tiger beetle are described in detail Criteria Used To Identify Critical essential to the conservation of the Salt in the final rule to list the species Habitat Creek tiger beetle in areas occupied at published on October 6, 2005 (70 FR As required by section 4(b)(2) of the the time of listing, focusing on the 58335). These threats may require Act, we use the best scientific data features’ primary constituent elements. special management considerations or available to designate critical habitat. We consider primary constituent protection within the proposed critical We review available information elements to be those specific elements habitat and include, but are not limited pertaining to the habitat requirements of of the physical or biological features to, urban development (e.g., commercial the Salt Creek tiger beetle. In accordance that provide for a species’ life-history and residential development, road with the Act and its implementing processes and are essential to construction, associated light pollution, regulation at 50 CFR 424.12(e), we conservation of the species. and stream channelization) and consider whether designating additional Based on our current knowledge of agricultural development (e.g., over- areas—outside those currently occupied the physical or biological features and grazing and cultivation). These threats as well as those occupied at the time of habitat characteristics required to are exacerbated by having only three listing—are necessary to ensure the sustain the species’ life-history populations on one stream (Little Salt conservation of the species. We are processes, we determine that the Creek) with extremely low numbers and proposing to designate critical habitat primary constituent elements specific to a highly restricted range making this within the geographical area occupied the Salt Creek tiger beetle are: species particularly susceptible to by the species at the time of listing in • Saline barrens and seeps found extinction in the foreseeable future. 2005 (Little Salt Creek) under the first within saline wetland habitat in Little The features essential to the prong of the Act’s definition of critical Salt, Rock, Oak and Haines Branch conservation of the Salt Creek tiger habitat. We also are proposing to Creeks. For our evaluation, we beetle (exposed, moist, saline areas designate specific areas outside the determined that two habitat types associated with stream banks, mid- geographical area occupied by the within suitable wetlands are required by channel islands, and mudflats) may species at the time of listing that were the Salt Creek tiger beetle: require special management documented to be occupied as recently • Exposed mudflats associated with considerations or protection to reduce as the mid-1990s or are presumed to saline wetlands or the exposed banks threats. For example, a loss of moist, have been occupied in the past given and islands of streams and seeps that open habitat necessary for larval the availability of suitable saline habitat, contain adequate soil moisture and soil foraging, thermoregulation, and other but which are presently unoccupied salinity are essential core habitats. life-history activities resulted in the (Rock, Oak, and Haines Branch Creeks), These habitats support egg-laying and extinction of another endemic tiger under the second prong of the Act’s foraging requirements. The ‘‘Salmo’’ soil beetle—the Sacramento Valley tiger definition of critical habitat because series is the only soil type that currently beetle (Cicindela hirticollis abrupta) such areas are essential for the supports occupied habitat; however, (Knisley and Fenster 2005, p. 457). This conservation of the species as they will ‘‘Saltillo’’ is the other soil series that has was the first tiger beetle known to be spread the risk of species extinction adequate soil moisture and salinity and extirpated. Actions that could over multiple stream systems. Important can also provide suitable habitat. ameliorate threats include, but are not sources of supporting data include the • Vegetated wetlands adjacent to core limited to: final rule for listing the species (70 FR habitats that provide shade for species (1) Increased protection of existing 58335, October 6, 2005), the recovery thermoregulation, support a source of habitat through actions such as land outline (USFWS 2009), available prey for adults and larval forms of Salt acquisition and limiting access; literature, and information provided by Creek tiger beetles, and protect core (2) Restoration of potential habitat the University of Nebraska at Lincoln habitats. within saline wetlands and streams and the Nebraska Game and Parks With this proposed designation of through exposure of saline seeps, Commission (citations noted herein). critical habitat, we intend to identify the removal of sediment layers to expose We are proposing to include all physical or biological features essential saline soils and seeps, and use of wells currently occupied habitat in our to the conservation of the species, to pump saline water over saline soils designation of critical habitat because through the identification of the by Federal, State, and local interested any further loss of occupied habitat features’ primary constituent elements parties; would increase the Salt Creek tiger sufficient to support the life-history (3) Establishment of multiple beetle’s susceptibility to extinction. As processes of the species. populations in the Rock, Oak, and previously noted, the species currently Haines Branch Creeks through captive occupies approximately 35 ac (14 ha) of Special Management Considerations or rearing and translocation of laboratory- saline wetland and streams in three Protection reared larvae originating from wild small populations along approximately When designating critical habitat, we populations; 7 mi (11 km) of Little Salt Creek. The assess whether the specific areas within (4) Protection of habitat adjacent to three existing populations are referred the geographical area occupied by the existing and new populations to provide to as Upper Little Salt Creek–North, species at the time of listing contain dispersal corridors, support prey Little Salt Creek–Arbor Lake, and Little features which are essential to the populations, and protect wetland Salt Creek–Roper. conservation of the species and which functions; and We are also proposing to include may require special management (5) Avoidance of activities such as unoccupied saline wetlands, considerations or protection. A detailed groundwater depletions, new specifically saline salt flats along Little

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Salt Creek that are interspersed among entire) to categorize saline wetlands in corridors not previously included in these three populations. These barren the Salt Creek watershed of Lancaster critical habitat that could support salt flats are essential to the and Saunders Counties, Nebraska. populations of the species in the future, conservation of the species because they (2) We delineated critical habitat thereby reducing the risk of extinction. provide larval habitat, protect existing within the areas of Little Salt, Rock, We have also revised the primary populations, provide dispersal corridors Oak, and Haines Branch Creeks that (a) constituent elements on which this between populations, support prey are documented to support the species proposed revision was based to make populations, and provide potential currently or to have supported it in the them clearer and easier for the public to habitat for new populations. recent past (until 1998), or (b) that understand. However, these revised Lastly, we are proposing to include provide potential suitable habitat for the proposed primary constituent elements unoccupied barren salt flats and saline species that could sustain a viable are based on the same biological streams along Rock, Oak, and Haines population. concepts about the needs of the Salt Branch Creeks that were either occupied (3) We delineated all of the barren salt Creek tiger beetle that were used in the by the species until 1998 (i.e., Rock and flats in the four creeks with adjacent current critical habitat designation. Oak Creeks) or have suitable habitat for suitable saline wetlands. Since the time of our previous critical the Salt Creek tiger beetle, but were (4) In order to include surrounding habitat designation, we have begun the surveyed infrequently (Haines Branch). vegetative areas that provide essential process of recovery planning, and have We have determined that these areas resources and support functions to the preliminarily determined that at least 6 (Little Salt, Rock, Oak, and Haines species, we delineated areas on populations of 500–1,000 beetles within Branch Creeks) are essential to the segments of the four creeks that suitable habitat across multiple stream conservation of the species because they extended 137 feet (the average known corridors would be necessary to recover provide necessary redundancy in the dispersal distance for the species) on the species. Therefore, we have event of an environmental catastrophe either side of the stream course. We proposed to designate an amount of associated with Little Salt Creek—the used 137 feet because it is the average critical habitat that would allow for that only watershed that currently supports distance that the Salt Creek tiger beetle recovery to occur. We considered other the species. All of these areas are can move to meet life history requisites possible critical habitat configurations tributaries to Salt Creek. which can be satisfied within the stream for this proposal, including larger and We recommend that at least one segment and adjacent saline barrens and smaller designations and different viable population of Salt Creek tiger seeps in the floodplain area. We numbers of units. However, we beetles be established in each of the concluded that this distance would concluded that this proposed three unoccupied units of critical provide the species with sufficient prey designation of 1,110 acres in four units habitat, recognizing the uncertainty as resources. was the most biologically appropriate as to which areas will successfully support Some other areas within the likely it is based on habitat features that are reintroduced populations. Although so historical range of the Salt Creek tiger used by Salt Creek tiger beetles, little appropriate habitat remains in one beetle were considered in this revised consistent with the statutory definition of these units (Haines Branch) that it is designation, but ultimately were not of critical habitat, and would best below the number of acres that we included. We do not propose to provide for the recovery of the species. estimated would be necessary to designate suitable saline wetlands along When determining proposed critical support a population of 500 adults, this Middle Creek as critical habitat because habitat boundaries, we made every area may be able to support a smaller the habitat there has been eliminated effort to avoid including developed population, which collectively would due to commercial and residential areas such as lands covered by reduce the risk of extinction. developments, road construction, and buildings, pavement, and other These populations, in addition to the stream channelization, and is probably structures because such lands lack the 3 existing populations at Little Salt not restorable. Similarly, we do not physical and biological features Creek, would result in 6 populations, propose to designate areas on tributaries necessary for the Salt Creek tiger beetle. with at least 500 adults in each to Salt Creek near the Cities of Roca and The scale of the maps we prepared population, but with 3 populations in Hickman, Nebraska, because under the parameters for publication Little Salt Creek. This is the number of agricultural development has somewhat within the Code of Federal Regulations populations documented in the mid- limited the ability of these areas to be may not reflect the exclusion of such 1990s, and the minimum number restored for the benefit of the Salt Creek developed lands. Any such lands needed for species recovery; however, at tiger beetle. We also do not propose to inadvertently left inside critical habitat that time, none of these populations designate areas of Salt Creek boundaries shown on the maps of this were large enough to maintain species downstream of Lincoln, Nebraska, proposed rule have been excluded by viability, and three of the populations because channel entrenchment has text in the proposed rule and are not were later extirpated. As the resulted in the loss of saline seep and proposed for designation as critical populations expand to viable numbers, saline wetland habitats there. We also habitat. Therefore, if the critical habitat we anticipate that they will be within did not include remaining areas of is finalized as proposed, a Federal the maximum documented dispersal suitable saline wetlands in Upper Salt action involving these developed lands range of the species and may eventually Creek because they are of insufficient would not trigger section 7 consultation constitute one metapopulation that has size to support a viable population of with respect to critical habitat and the spatially separated populations with Salt Creek tiger beetles. requirement of no adverse modification some interaction between those This proposed revision to the critical unless the specific action would affect populations. habitat designation for Salt Creek tiger the physical or biological features in the We delineated the critical habitat unit beetle would decrease the current adjacent critical habitat. boundaries for the Salt Creek tiger beetle designation of 1,933 acres by 823 acres, We are proposing designation of using the following steps: but it would increase the number of critical habitat lands that: (a) were (1) We used Geographic Information unoccupied units from one to three. determined to be occupied at the time System (GIS) coverages initially This change would extend critical of listing and contain sufficient generated by Gilbert and Stutheit (1994, habitat to two additional stream elements of physical or biological

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features to support life-history processes critical habitat designation in the Branch—under the second prong of the essential for the conservation of the preamble of this document. We will Act’s definition of critical habitat. Table species and (b) are outside of the make the coordinates or plot points or 1 shows the occupancy status of these geographical area occupied at the time both on which the map is based units. of listing that we have determined are available to the public on http:// essential for conservation of the Salt www.regulations.gov at Docket No. TABLE 1—OCCUPANCY OF SALT Creek tiger beetle. FWS–R6–ES–2013–0068, on our CREEK TIGER BEETLE BY PROPOSED Four units are proposed for Internet site at http://www.fws.gov/ CRITICAL HABITAT UNITS designation based on sufficient elements nebraskaes/, and at the Nebraska of physical or biological features being FOR Ecological Services Field Office (see Occupied at present to support Salt Creek tiger beetle FURTHER INFORMATION CONTACT above). Unit time of list- Currently life-history processes. Designating units ing? occupied? of critical habitat on Little Salt, Rock, Proposed Critical Habitat Designation Oak, and Haines Branch Creeks We are proposing four units as critical Little Salt Creek provides redundancy in the event that habitat for the Salt Creek tiger beetle. Unit ...... Yes Yes. adverse effects on one of these The critical habitat units we describe Rock Creek Unit No No. watersheds impact Salt Creek tiger below constitute our current best Oak Creek Unit No No. beetles or their habitat. assessment of areas that meet the Haines Branch The critical habitat designation is definition of critical habitat for the Unit ...... No No. defined by the map, as modified by any species. The four units we propose as accompanying regulatory text, presented critical habitat are: (1) Little Salt The approximate area and ownership at the end of this document in the rule Creek—under the first prong of the Act’s of each proposed critical habitat unit is portion. We include more detailed definition of critical habitat and (2) shown in Table 2. information on the boundaries of the Rock Creek, Oak Creek, and Haines

TABLE 2—PROPOSED CRITICAL HABITAT UNITS FOR SALT CREEK TIGER BEETLE [Area estimates reflect all land within critical habitat unit boundaries]

Estimated quantity of Percent of critical Critical habitat unit Land ownership by type critical habitat habitat unit

Little Salt Creek Unit ...... City of Lincoln ...... 40 ac (16 ha) ...... 14.1 Lower Platte South Natural Resources District 19 ac (8 ha) ...... 6.7 Nebraska Game & Parks Commission ...... 41 ac (17 ha) ...... 14.4 The Nature Conservancy ...... 29 ac (12 ha) ...... 10.2 Pheasants Forever ...... 11 ac (4 ha) ...... 3.9 Private* ...... 144 ac (58 ha) ...... 50.7 Subtotal ...... 284 ac (115 ha) ...... Rock Creek Unit ...... Nebraska Game & Parks Commission ...... 152 ac (62 ha) ...... 28.9 Private* ...... 374 ac (152 ha) ...... 71.1

Subtotal ...... 526 ac (213 ha) ...... Oak Creek Unit ...... Nebraska Department Roads ...... 178 ac (72 ha) ...... 85.6 City of Lincoln ...... 30 ac (12 ha) ...... 10.67

Subtotal ...... 208 ac (84 ha) ...... Haines Branch Unit ...... Private ...... 92 ac (37 ha) ...... 100 Total ...... City of Lincoln ...... 70 ac (28 ha) ...... 6.3 Lower Platte South Natural Resources District 19 ac (8 ha) ...... 1.7 Nebraska Game & Parks Commission ...... 193 ac (78 ha) ...... 17.4 Nebraska Department Roads ...... 178 ac (72 ha) ...... 16.0 The Nature Conservancy ...... 29 ac (12 ha) ...... 2.6 Pheasants Forever ...... 11 ac (4 ha) ...... 1.0 Private* ...... 610 ac (247 ha) ...... 55.0

Total ...... 1,110 ac (449 ha) ...... * Several private tracts are protected by easements.

We present a brief description of each (11 km) upstream. It includes the three Approximately 50 percent of the unit unit and reasons why it meets the existing populations of Salt Creek tiger is either owned by entities that will definition of critical habitat for Salt beetles (Upper Little Salt Creek–North, protect or restore saline wetland habitat Creek tiger beetle below. Arbor Lake, and Little Salt Creek–Roper) (see Table 2) or is part of an easement present at the time of listing, and an that protects the saline wetland habitat Unit 1: Little Salt Creek Unit additional site with an extirpated in perpetuity. This portion of the unit is This unit consists of 284 ac (115 ha) population (Upper Little Salt Creek– largely protected from future urban of barren salt flats and three stream South). This Unit contains the physical development (e.g., commercial and segments on Little Salt Creek in or biological features essential to the residential development, road Lancaster County from near its junction Salt Creek tiger beetle. construction, and stream with Salt Creek to approximately 7 mi channelization) and future agricultural

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development (e.g., overgrazing and northern Lancaster Counties. This tract Interstate and within the boundaries of cultivation) by the landowners’ or has undergone several projects to restore the Lincoln Municipal Airport. easement holders’ participation in the saline wetlands. However, without Unit 4: Haines Branch Unit Implementation Plan for the protection and restoration, historical Conservation of Nebraska’s Eastern impacts from development will The unit consists of 92 ac (37 ha) of Saline Wetlands and their membership continue to adversely affect much of the barren salt flats and 2.8-mile long in the Saline Wetlands Conservation habitat. The 71 percent of the Rock Haines Branch stream segment. Haines Partnership (SWCP). At least two tracts Creek Unit that is not currently being Branch is located on the west side of (owned by the city of Lincoln) have managed for protection and restoration Lincoln, near Pioneers Park in Lancaster been restored (Arbor Lake and Frank of saline wetland habitat remains County. This unit was not occupied at Shoemaker Marsh) (Malmstrom 2011 vulnerable to both historical and the time of listing, but suitable habitat and 2012, entire) and other areas are in ongoing impacts from development. in the form of saline seeps and wetlands the process of being restored or are This unit is further removed from are available for the Salt Creek tiger managed to conserve saline wetlands. Lincoln; therefore, it faces fewer threats beetle. This Unit contains the physical However, without continued from urban development (e.g., or biological features essential to the management, historical impacts from commercial and residential Salt Creek tiger beetle and is essential to development will continue to adversely development, road construction, and the conservation of the species because affect much of the habitat. The stream channelization) and more threats any population established on Haines remaining 50 percent of the Little Salt from agricultural development (e.g., Branch Creek would provide Creek Unit that is not currently being overgrazing and cultivation) than the redundancy, in the event of a natural or managed for protection and restoration Little Salt Creek Unit. human-caused disaster on Little Salt of saline wetland habitat remains Creek. vulnerable to both historical and Unit 3: Oak Creek Unit The entire Unit is owned by private ongoing impacts from development. The The unit consists of 208 ac (84 ha) of entities (see Table 2). This Unit is not lower reaches of Little Salt Creek are in barren salt flats and a saline seep protected from future urban or near the City of Lincoln and, complex located within a historic development (e.g., commercial and consequently, are most vulnerable to floodplain of Oak Creek. The unit is residential development, road impacts related to urban development; located along Interstate 80 in the construction, and stream upper stream reaches are more impacted northwest part of Lincoln, near the channelization) and future agricultural by agricultural development. Municipal airport in Lancaster County. development (e.g., overgrazing and Unit 2: Rock Creek Unit This unit was not occupied at the time cultivation). of listing; however, one population The unit consists of 526 ac (213 ha) Effects of Critical Habitat Designation (Capitol Beach) was present until 1998. of barren salt flats and a stream segment Section 7 Consultation of Rock Creek from approximately 2 mi This Unit contains the physical or (3 km) above its confluence with Salt biological features essential to the Salt Section 7(a)(2) of the Act requires Creek to approximately 12 mi (19 km) Creek tiger beetle and is essential to the Federal agencies, including the Service, upstream. Most of this stream reach is conservation of the species because any to ensure that any action they fund, in Lancaster County, but the population established on Oak Creek or authorize, or carry out is not likely to northernmost portion is in southern Capitol Beach would provide jeopardize the continued existence of Saunders County. This unit was not redundancy, in the event of a natural or any endangered species or threatened occupied at the time of listing; however, manmade disaster on Little Salt Creek. species or result in the destruction or one population was present there until Approximately 86 percent of the unit adverse modification of designated 1998. This Unit contains the physical or is owned by the City of Lincoln and 14 critical habitat of such species. In biological features essential to the Salt percent the Nebraska Department of addition, section 7(a)(4) of the Act Creek tiger beetle. It is essential to the Roads (see Table 2). This unit is largely requires Federal agencies to confer with conservation of the species because any protected from future urban the Service on any agency action which population established on Rock Creek development (e.g., commercial and is likely to jeopardize the continued would provide redundancy, in the event residential development, road existence of any species proposed to be of a natural or manmade disaster on construction, and stream listed under the Act or result in the Little Salt Creek. channelization) and future agricultural destruction or adverse modification of Approximately 29 percent of the unit development (e.g., overgrazing and proposed critical habitat. is either owned by an entity that will cultivation). Barren salt flats including Decisions by the 5th and 9th Circuit protect or restore saline wetland habitat the saline seep complex along Interstate Courts of Appeals have invalidated our (see Table 2) or is part of an easement 80 are part of this Unit. This tract was regulatory definition of ‘‘destruction or that protects the saline wetland habitat once a part of a large saline wetland adverse modification’’ (50 CFR 402.02) in perpetuity. This portion of the unit is complex and is the type locality for the (see Gifford Pinchot Task Force v. U.S. largely protected from future urban Salt Creek tiger beetle. However, a Fish and Wildlife Service, 378 F. 3d development (e.g., commercial and substantial amount of development has 1059 (9th Cir. 2004) and Sierra Club v. residential development, road resulted in the loss of the once large U.S. Fish and Wildlife Service, 245 F. 3d construction, and stream saline wetland known from the area. 434, 442 (5th Cir. 2001)), and we do not channelization), but not future This unit is near the City of Lincoln; rely on this regulatory definition when agricultural development (e.g., however, it faces fewer threats from analyzing whether an action is likely to overgrazing and cultivation). urban development (e.g., commercial destroy or adversely modify critical Approximately 152 ac (61 ha) of barren and residential development, road habitat. Under the statutory provisions salt flats and the stream segment are construction, and stream of the Act, we determine destruction or part of the Jack Sinn WMA (owned by channelization) than the Little Salt adverse modification on the basis of Nebraska Game and Parks Commission) Creek Unit given the limitations on whether, with implementation of the located in southern Saunders and development that can be done along the proposed Federal action, the affected

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critical habitat would continue to serve modifications to extensive redesign or of tile drains) or increase soil moisture its intended conservation role for the relocation of the project. Costs and decrease salinity levels through species. associated with implementing a increased runoff of fresh surface water If a Federal action may affect a listed reasonable and prudent alternative are (in the case of storm drains, road species or its critical habitat, the similarly variable. construction, and residential or responsible Federal agency (action Regulations at 50 CFR 402.16 require commercial development). Any change agency) must enter into consultation Federal agencies to reinitiate to soil moisture or salinity levels could with us. Examples of actions that are consultation on previously reviewed degrade or destroy habitat by altering subject to the section 7 consultation actions in instances where we have habitat characteristics beyond the process are actions on State, tribal, listed a new species or subsequently narrow range of soil moisture and local, or private lands that require a designated critical habitat that may be salinity required by the species. A Federal permit (such as a permit from affected and the Federal agency has secondary effect of increased freshwater the U.S. Army Corps of Engineers under retained discretionary involvement or inputs that lessen soil salinity is the section 404 of the Clean Water Act (33 control over the action (or the agency’s potential invasion of more freshwater- U.S.C. 1251 et seq.) or a permit from the discretionary involvement or control is tolerant plants such as cattails (Typha Service under section 10 of the Act) or authorized by law). Consequently, spp.) and reed canary grass (Phalaris that involve some other Federal action Federal agencies sometimes may need to arundinacea) that eliminate the open (such as funding from the Federal request reinitiation of consultation with habitat required by the species (Harvey Highway Administration, Federal us on actions for which formal et al. 2007, p. 749). Aviation Administration, or the Federal consultation has been completed, if (2) Actions that would increase the Emergency Management Agency). those actions with discretionary depth to the water table—Such activities Federal actions not affecting listed involvement or control may affect could include, but are not limited to, species or critical habitat, and actions subsequently listed species or stream channelization or bank armoring on State, tribal, local, or private lands designated critical habitat. in Little Salt Creek, Rock Creek, Haines Branch, and Oak Creek or adjacent that are not federally funded or Application of the ‘‘Adverse portions of Salt Creek. These activities authorized, do not require section 7 Modification’’ Standard consultation. could result in a lowering of the water As a result of section 7 consultation, The key factor related to the adverse table within proposed critical habitat we document compliance with the modification determination is whether, that would compromise groundwater requirements of section 7(a)(2) through with implementation of the proposed discharge functions necessary to our issuance of: Federal action, the affected critical maintain saline wetlands. A further loss (1) A concurrence letter for Federal habitat would continue to serve its of saline wetland habitat could impact actions that may affect, but are not intended conservation role for the our ability to conserve the Salt Creek likely to adversely affect, listed species species. Activities that may destroy or tiger beetle. or critical habitat; or adversely modify critical habitat are (3) Actions that would cause (2) A biological opinion for Federal those that alter the physical or trampling of open saline areas actions that may affect and are likely to biological features to an extent that associated with stream banks, mid- adversely affect, listed species or critical appreciably reduces the conservation channel islands, and mudflats—Such habitat. value of critical habitat for the Salt activities could include, but are not When we issue a biological opinion Creek tiger beetle. As discussed above, limited to, overgrazing by livestock concluding that a project is likely to the role of critical habitat is to support within proposed critical habitat. jeopardize the continued existence of a life-history needs of the species and Trampling could result in the listed species and/or destroy or provide for the conservation of the destruction of larvae and larval burrows, adversely modify critical habitat, we species. leading to population declines. provide reasonable and prudent Section 4(b)(8) of the Act requires us (4) Actions that would increase alternatives to the project, if any are to briefly evaluate and describe, in any nighttime levels of light—Such identifiable, that would avoid the proposed or final regulation that activities could include, but are not likelihood of jeopardy and/or designates critical habitat, activities limited to, new construction of destruction or adverse modification of involving a Federal action that may residential or commercial areas that critical habitat. We define ‘‘reasonable destroy or adversely modify such includes nighttime lighting. Light and prudent alternatives’’ (at 50 CFR habitat, or that may be affected by such pollution likely disrupts nocturnal 402.02) as alternative actions identified designation. behavior by attracting beetles away from during consultation that: Activities that may affect critical their normal habitats (Allgeier et al. (1) Can be implemented in a manner habitat, when carried out, funded, or 2003, p. 8). Attraction to light from consistent with the intended purpose of authorized by a Federal agency, should different types of lamps varies, in the action; result in consultation for the Salt Creek decreasing order, from blacklight, (2) Can be implemented consistent tiger beetle. These activities include, but mercury vapor, fluorescent, with the scope of the Federal agency’s are not limited to: incandescent, and sodium vapor, with legal authority and jurisdiction; (1) Actions that would alter soil blacklight being the most favored (3) Are economically and moisture or salinity—Such activities (Allgeier et al. 2004, p. 10). The technologically feasible; and could include, but are not limited to, disruption in behavior could affect (4) Would, in the Director’s opinion, development within or adjacent to nighttime egg-laying activity of females, avoid the likelihood of jeopardizing the proposed critical habitat such as if it attracts females into unsuitable continued existence of the listed species installation of tile drains in agricultural habitat. and/or avoid the likelihood of lands, construction of storm drains in (5) Actions that would result in destroying or adversely modifying urban areas, road construction, or modification to the right of way located critical habitat. further development of residential or along Interstate 80 that could alter the Reasonable and prudent alternatives commercial areas. These activities could hydrology supporting saline seeps and can vary from slight project decrease soil moisture levels (in the case salt flats at Oak Creek (Capitol Beach).

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This could include earth disturbance revisions to critical habitat on the basis Exclusions Based on National Security and installation of drainage structures. of the best available scientific data after Impacts Exemptions taking into consideration the economic Under section 4(b)(2) of the Act, we impact, national security impact, and consider whether there are lands owned Application of Section 4(a)(3) of the Act any other relevant impact of specifying or managed by the Department of The Sikes Act Improvement Act of any particular area as critical habitat. Defense where a national security 1997 (Sikes Act) (16 U.S.C. 670a) The Secretary may exclude an area from impact might exist. In preparing this required each military installation that critical habitat if he determines that the proposal, we have determined that the includes land and water suitable for the benefits of such exclusion outweigh the lands within the proposed designation conservation and management of benefits of specifying such area as part of critical habitat for the Salt Creek tiger natural resources to complete an of the critical habitat, unless he beetle are not owned or managed by the integrated natural resources determines, based on the best scientific Department of Defense; therefore, we management plan (INRMP) by data available, that the failure to anticipate no impact on national November 17, 2001. An INRMP designate such area as critical habitat security. Consequently, the Secretary integrates implementation of the will result in the extinction of the does not propose to exercise his military mission of the installation with species. In making that determination, discretion to exclude any areas from the stewardship of the natural resources the statute on its face, as well as the final designation based on impacts on found on the base. Each INRMP legislative history, are clear that the national security. includes: Secretary has broad discretion regarding (1) An assessment of the ecological Exclusions Based on Other Relevant which factor(s) to use and how much needs on the installation, including the Factors weight to give to any factor. need to provide for the conservation of Under section 4(b)(2) of the Act, we listed species; Under section 4(b)(2) of the Act, we consider any other relevant impacts, in (2) A statement of goals and priorities; may exclude an area from designated addition to economic impacts and (3) A detailed description of critical habitat based on economic impacts on national security. We management actions to be implemented impacts, impacts on national security, consider a number of factors, including to provide for these ecological needs; or any other relevant impacts. In whether the landowners have developed and considering whether to exclude a any HCPs or other management plans (4) A monitoring and adaptive particular area from the designation, we for the area, or whether there are management plan. identify the benefits of including the conservation partnerships that would be Among other things, each INRMP area in the designation, identify the encouraged by designation of, or must, to the extent appropriate and benefits of excluding the area from the exclusion from, critical habitat. In applicable, provide for fish and wildlife designation, and evaluate whether the addition, we look at any tribal issues, management; fish and wildlife habitat and consider the government-to- enhancement or modification; wetland benefits of exclusion outweigh the benefits of inclusion. If the analysis government relationship of the United protection, enhancement, and States with tribal entities. We also restoration where necessary to support indicates that the benefits of exclusion outweigh the benefits of inclusion, the consider any social impacts that might fish and wildlife; and enforcement of occur because of the designation. In Secretary may exercise his discretion to applicable natural resource laws. preparing this proposal, we have exclude the area only if such exclusion The National Defense Authorization determined that there are currently no Act for Fiscal Year 2004 (Pub. L. 108– would not result in the extinction of the completed HCPs for the Salt Creek tiger 136) amended the Act to limit areas species. beetle, and the proposed designation eligible for designation as critical Exclusions Based on Economic Impacts does not include any tribal lands or habitat. Specifically, section 4(a)(3)(B)(i) trust resources. of the Act (16 U.S.C. 1533(a)(3)(B)(i)) Under section 4(b)(2) of the Act, we There are no management plans for now provides: ‘‘The Secretary shall not consider the economic impacts of the Salt Creek tiger beetle. However, designate as critical habitat any lands or specifying any particular area as critical there is an implementation plan for the other geographic areas owned or habitat. In order to consider economic conservation of Nebraska’s remaining controlled by the Department of impacts, we are preparing a new eastern saline wetlands (LaGrange et al. Defense, or designated for its use, that analysis of the economic impacts of the 2003, entire). Signatories to this plan are subject to an integrated natural proposed revised critical habitat include the Nebraska Game and Parks resources management plan prepared designation and related factors. Upon Commission, the City of Lincoln, the under section 101 of the Sikes Act (16 completion, copies of the draft County of Lancaster, the Lower Platte U.S.C. 670a), if the Secretary determines South Natural Resources District, and in writing that such plan provides a economic analysis will be available for downloading from the Internet at The Nature Conservancy. This plan may benefit to the species for which critical protect and restore Salt Creek tiger habitat is proposed for designation.’’ http://www.regulations.gov, or by contacting the Nebraska Fish and beetle habitat. The goal of the plan is no There are no Department of Defense net loss of saline wetlands and their Wildlife Office directly (see FOR lands with a completed INRMP within associated functions, with long-term FURTHER INFORMATION CONTACT section). the proposed critical habitat improvements in wetland functions During the development of a final designation. Therefore, we are not through restoration of the hydrological proposing any exemptions based on designation, we will consider economic system, prescribed wetland section 4(a)(3)(B)(i). impacts, public comments, and other management, and watershed protection new information. Areas may be Exclusions (LaGrange et al. 2003, p. 6). This plan excluded from the final critical habitat led to formation of the SWCP, which Application of Section 4(b)(2) of the Act designation under section 4(b)(2) of the has purchased nearly 1,200 ac (486 ha) Section 4(b)(2) of the Act states that Act and our implementing regulations at of eastern saline wetlands and the Secretary shall designate and make 50 CFR 424.19. associated uplands, and acquired

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conservation easements on more than and to use the best, most innovative, of activities that might trigger regulatory 2,000 ac (810 ha) of additional lands and least burdensome tools for impacts under this designation as well (Malmstrom 2011 and 2012, entire). achieving regulatory ends. The as types of project modifications that Overall, approximately 29 percent of executive order directs agencies to may result. In general, the term proposed critical habitat is protected consider regulatory approaches that ‘‘significant economic impact’’ is meant through these acquisitions. We believe reduce burdens and maintain flexibility to apply to a typical small business that activities implemented under the and freedom of choice for the public firm’s business operations. plan or under the SWCP would be where these approaches are relevant, Importantly, the incremental impacts supported by designation of critical feasible, and consistent with regulatory of a rule must be both significant and habitat because the Salt Creek tiger objectives. E.O. 13563 emphasizes substantial to prevent certification of the beetle is described by the plan and the further that regulations must be based rule under the RFA and to require the SWCP as one of the values supported by on the best available science and that preparation of an initial regulatory these saline wetlands. Therefore, no the rulemaking process must allow for flexibility analysis. If a substantial areas are proposed for exclusion from public participation and an open number of small entities are affected by this designation based on other relevant exchange of ideas. We have developed the proposed critical habitat impacts. this rule in a manner consistent with designation, but the per-entity economic these requirements. impact is not significant, the Service Peer Review may certify. Likewise, if the per-entity Regulatory Flexibility Act (5 U.S.C. 601 economic impact is likely to be In accordance with our joint policy on et seq.) peer review published in the Federal significant, but the number of affected Register on July 1, 1994 (59 FR 34270), Under the Regulatory Flexibility Act entities is not substantial, the Service we will seek the expert opinions of at (RFA; 5 U.S.C. 601 et seq.) as amended may also certify. least three appropriate and independent by the Small Business Regulatory Under the RFA, as amended, and specialists regarding this proposed rule. Enforcement Fairness Act of 1996 following recent court decisions, The purpose of peer review is to ensure (SBREFA; 5 U.S.C 801 et seq.), Federal agencies are only required to that our critical habitat designation is whenever an agency is required to evaluate the potential incremental based on scientifically sound data and publish a notice of rulemaking for any impacts of rulemaking on those entities analyses. We have invited these peer proposed or final rule, it must prepare directly regulated by the rulemaking reviewers to comment during this and make available for public comment itself, and not the potential impacts to public comment period. a regulatory flexibility analysis that indirectly affected entities. The We will consider all comments and describes the effects of the rule on small regulatory mechanism through which information received during this entities (small businesses, small critical habitat protections are realized comment period on this proposed rule organizations, and small government is section 7 of the Act, which requires during our preparation of a final jurisdictions). However, no regulatory Federal agencies, in consultation with determination. Accordingly, the final flexibility analysis is required if the the Service, to ensure that any action decision may differ from this proposal. head of the agency certifies the rule will authorized, funded, or carried out by the not have a significant economic impact Agency is not likely to adversely modify Public Hearings on a substantial number of small critical habitat. Therefore, only Federal Section 4(b)(5) of the Act provides for entities. The SBREFA amended the RFA action agencies are directly subject to one or more public hearings on this to require Federal agencies to provide a the specific regulatory requirement proposal, if requested. Requests must be certification statement of the factual (avoiding destruction and adverse received within 45 days after the date of basis for certifying that the rule will not modification) imposed by critical publication of this proposed rule in the have a significant economic impact on habitat designation. Under these Federal Register. Such requests must be a substantial number of small entities. circumstances, it is our position that According to the Small Business sent to the address shown in ADDRESSES. only Federal action agencies will be Administration, small entities include We will schedule public hearings on directly regulated by this designation. small organizations such as this proposal, if any are requested, and Therefore, because Federal agencies are independent nonprofit organizations; announce the dates, times, and places of not small entities, the Service may small governmental jurisdictions, those hearings, as well as how to obtain certify that the proposed critical habitat including school boards and city and reasonable accommodations, in the rule will not have a significant town governments that serve fewer than Federal Register and local newspapers economic impact on a substantial 50,000 residents; and small businesses number of small entities. at least 15 days before the hearing. (13 CFR 121.201). Small businesses We acknowledge, however, that in Required Determinations include such businesses as some cases, third-party proponents of manufacturing and mining concerns the action subject to permitting or Regulatory Planning and Review with fewer than 500 employees, funding may participate in a section 7 (Executive Orders 12866 and 13563) wholesale trade entities with fewer than consultation, and thus may be indirectly Executive Order 12866 provides that 100 employees, retail and service affected. We believe it is good policy to the Office of Information and Regulatory businesses with less than $5 million in assess these impacts if we have Affairs (OIRA) in the Office of annual sales, general and heavy sufficient data before us to complete the Management and Budget will review all construction businesses with less than necessary analysis, whether or not this significant rules. The OIRA has $27.5 million in annual business, analysis is strictly required by the RFA. determined that this rule is not special trade contractors doing less than While this regulation does not directly significant. $11.5 million in annual business, and regulate these entities, in our draft Executive Order 13563 reaffirms the forestry and logging operations with economic analysis we will conduct a principles of E.O. 12866 while calling fewer than 500 employees and annual brief evaluation of the potential number for improvements in the nation’s business less than $7 million. To of third parties participating in regulatory system to promote determine whether small entities may consultations on an annual basis in predictability, to reduce uncertainty, be affected, we will consider the types order to ensure a more complete

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examination of the incremental effects participation in a voluntary Federal on State or local governments. of this proposed rule in the context of program,’’ unless the regulation ‘‘relates Consequently, a Small Government the RFA. to a then-existing Federal program Agency Plan is not required. However, In conclusion, we believe that, based under which $500,000,000 or more is we will further evaluate this issue as we on our interpretation of directly provided annually to State, local, and conduct our economic analysis, and regulated entities under the RFA and tribal governments under entitlement review and revise this assessment as relevant case law, this designation of authority,’’ if the provision would warranted. critical habitat will only directly ‘‘increase the stringency of conditions of Takings—Executive Order 12630 regulate Federal agencies which are not assistance’’ or ‘‘place caps upon, or by definition small business entities. otherwise decrease, the Federal In accordance with Executive Order And as such, we certify that, if Government’s responsibility to provide 12630 (‘‘Government Actions and promulgated, this designation of critical funding,’’ and the State, local, or tribal Interference with Constitutionally habitat would not have a significant governments ‘‘lack authority’’ to adjust Protected Private Property rights’’), this economic impact on a substantial accordingly. At the time of enactment, rule is not anticipated to have number of small business entities. these entitlement programs were: significant takings implications. As Therefore, an initial regulatory Medicaid; Aid to Families with discussed above, the designation of flexibility analysis is not required. Dependent Children work programs; critical habitat affects only Federal However, though not necessarily Child Nutrition; Food Stamps; Social actions. Critical habitat designation does required by the RFA, in our draft Services Block Grants; Vocational not affect landowner actions that do not economic analysis for this proposal we Rehabilitation State Grants; Foster Care, require Federal funding or permits, nor will consider and evaluate the potential Adoption Assistance, and Independent does it preclude development of habitat effects to third parties that may be Living; Family Support Welfare conservation programs or issuance of involved with consultations with Services; and Child Support incidental take permits to permit actions Federal action agencies related to this Enforcement. ‘‘Federal private sector that do require Federal funding or action. mandates’’ include a regulation that permits to go forward. Due to current ‘‘would impose an enforceable duty public knowledge of the species Energy Supply, Distribution, or Use–— protections and the prohibition against Executive Order 13211 upon the private sector, except (i) a condition of Federal assistance or (ii) a take of the species both within and Executive Order 13211 (Actions duty arising from participation in a outside of the proposed areas, we do not Concerning Regulations That voluntary Federal program.’’ anticipate that property values will be Significantly Affect Energy Supply, The designation of critical habitat affected by the critical habitat Distribution, or Use) requires agencies does not impose a legally binding duty designation. However, we have not yet to prepare Statements of Energy Effects on non-Federal Government entities or completed the economic analysis for when undertaking certain actions. We private parties. Under the Act, the only this proposed rule. Once the economic do not expect the designation of this regulatory effect is that Federal agencies analysis is available, we will review and proposed critical habitat to significantly must ensure that their actions do not revise this preliminary assessment as affect energy supplies, distribution, or destroy or adversely modify critical warranted, and prepare a Takings use as there is no energy supply or habitat under section 7. While non- Implication Assessment. distribution infrastructure near the Federal entities that receive Federal Federalism—Executive Order 13132 proposed critical habitat. Therefore, this funding, assistance, or permits, or that action is not a significant energy action, otherwise require approval or In accordance with Executive Order and no Statement of Energy Effects is authorization from a Federal agency for 13132 (Federalism), this proposed rule required. However, we will further an action, may be indirectly impacted does not have significant Federalism evaluate this issue as we conduct our by the designation of critical habitat, the effects. A Federalism summary impact economic analysis, and review and legally binding duty to avoid statement is not required. In keeping revise this assessment as warranted. destruction or adverse modification of with Department of the Interior and critical habitat rests squarely on the Department of Commerce policy, we Unfunded Mandates Reform Act (2 Federal agency. Furthermore, to the requested information from, and U.S.C. 1501 et seq.) extent that non-Federal entities are coordinated development of, this In accordance with the Unfunded indirectly impacted because they proposed critical habitat designation Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate with appropriate State resource agencies seq.), we make the following findings: in a voluntary Federal aid program, the in Nebraska. The designation of critical (1) This rule will not produce a Unfunded Mandates Reform Act would habitat in areas currently occupied by Federal mandate. In general, a Federal not apply, nor would critical habitat the Salt Creek tiger beetle imposes no mandate is a provision in legislation, shift the costs of the large entitlement additional restrictions to those currently statute, or regulation that would impose programs listed above onto State in place and, therefore, has little an enforceable duty upon State, local, or governments. incremental impact on State and local tribal governments, or the private sector, (2) We do not believe that this rule governments and their activities. The and includes both ‘‘Federal will significantly or uniquely affect designation may have some benefit to intergovernmental mandates’’ and small governments because most of the these governments because the areas ‘‘Federal private sector mandates.’’ lands within the proposed critical that contain the physical or biological These terms are defined in 2 U.S.C. habitat do not occur within the features essential to the conservation of 658(5)–(7). ‘‘Federal intergovernmental jurisdiction of small governments. This the species are more clearly defined, mandates’’ include a regulation that rule will not produce a Federal mandate and the elements of the features ‘‘would impose an enforceable duty of $100 million or greater in any year. necessary to the conservation of the upon State, local, or tribal governments’’ Therefore, it is not a ‘‘significant species are more clearly defined, and with two exceptions. It excludes ‘‘a regulatory action’’ under the Unfunded the elements of the features necessary to condition of Federal assistance.’’ It also Mandates Reform Act. The designation the conservation of the species are excludes ‘‘a duty arising from of critical habitat imposes no obligations specifically identified. This information

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does not alter where and what federally seq.) in connection with designating Clarity of the Rule sponsored activities may occur. critical habitat under the Act. We We are required by Executive Orders However, it may assist local published a notice outlining our reasons 12866 and 12988 and by the governments in long-range planning for this determination in the Federal Presidential Memorandum of June 1, (rather than having them wait for case- Register on October 25, 1983 (48 FR 1998, to write all rules in plain by-case section 7 consultations to 49244). This position was upheld by the language. This means that each rule we occur). U.S. Court of Appeals for the Ninth Where State and local governments publish must: Circuit (Douglas County v. Babbitt, 48 (1) Be logically organized; require approval or authorization from a F.3d 1495 (9th Cir. 1995), cert. denied Federal agency for actions that may (2) Use the active voice to address 516 U.S. 1042 (1996)). However, under readers directly; affect critical habitat, consultation the Tenth Circuit ruling in Catron under section 7(a)(2) would be required. (3) Use clear language rather than County Board of Commissioners v. U.S. jargon; While non-Federal entities that receive Fish and Wildlife Service, 75 F.3d 1429 Federal funding, assistance, or permits, (4) Be divided into short sections and (10th Cir. 1996), we are required to or that otherwise require approval or sentences; and complete NEPA analysis when authorization from a Federal agency for (5) Use lists and tables wherever designating critical habitat under the an action, may be indirectly impacted possible. Act within the boundaries of the Tenth by the designation of critical habitat, the If you feel that we have not met these Circuit. We prepared an environmental legally binding duty to avoid requirements, send us comments by one destruction or adverse modification of assessment for our 2010 final rule of the methods listed in the ADDRESSES critical habitat rests squarely on the designating critical habitat for the Salt section. To better help us revise the Federal agency. Creek tiger beetle, and made a finding rule, your comments should be as of no significant impacts. Although the specific as possible. For example, you Civil Justice Reform—Executive Order State of Nebraska is not part of the should tell us the numbers of the 12988 Tenth Circuit, and therefore, NEPA sections or paragraphs that are unclearly In accordance with Executive Order analysis is not required, we will written, which sections or sentences are 12988 (Civil Justice Reform), the Office undertake a NEPA analysis in this case too long, the sections where you feel of the Solicitor has determined that the since we conducted one previously for lists or tables would be useful, etc. our 2010 final rule. rule does not unduly burden the judicial References Cited system and that it meets the Government-to-Government requirements of sections 3(a) and 3(b)(2) A complete list of references cited in Relationship With Tribes of the Order. We have proposed this rulemaking is available on the designating critical habitat in In accordance with the President’s Internet at http://www.regulations.gov accordance with the provisions of the memorandum of April 29, 1994 and upon request from the Nebraska FOR Act. To assist the public in (Government-to-Government Relations Ecological Services Field Office (see understanding the habitat needs of the with Native American Tribal FURTHER INFORMATION CONTACT). species, the rule identifies the elements Governments; 59 FR 22951), Executive Authors of physical or biological features Order 13175 (Consultation and The primary authors of this package essential to the conservation of the Coordination With Indian Tribal are the staff members of the Nebraska species. The designated areas of critical Governments), and the Department of habitat are presented on a map, and the Ecological Services Field Office and the the Interior’s manual at 512 DM 2, we Mountain-Prairie Regional Office. rule provides several options for the readily acknowledge our responsibility interested public to obtain more to communicate meaningfully with List of Subjects in 50 CFR Part 17 detailed location information, if desired. recognized Federal Tribes on a Endangered and threatened species, Paperwork Reduction Act of 1995 (44 government-to-government basis. In Exports, Imports, Reporting and U.S.C. 3501 et seq.) accordance with Secretarial Order 3206 recordkeeping requirements, This rule does not contain any new of June 5, 1997 (American Indian Tribal Transportation. Rights, Federal-Tribal Trust collections of information that require Proposed Regulation Promulgation approval by OMB under the Paperwork Responsibilities, and the Endangered Reduction Act of 1995 (44 U.S.C. 3501 Species Act), we readily acknowledge Accordingly, we propose to amend et seq.). This rule will not impose our responsibilities to work directly part 17, subchapter B of chapter I, title recordkeeping or reporting requirements with tribes in developing programs for 50 of the Code of Federal Regulations, on State or local governments, healthy ecosystems, to acknowledge that as set forth below: individuals, businesses, or tribal lands are not subject to the same PART 17—ENDANGERED AND organizations. An agency may not controls as Federal public lands, to THREATENED WILDLIFE AND PLANTS conduct or sponsor, and a person is not remain sensitive to Indian culture, and required to respond to, a collection of to make information available to tribes. We determined that there are no tribal ■ 1. The authority citation for part 17 information unless it displays a continues to read as follows: currently valid OMB control number. lands that were occupied by the Salt Creek tiger beetle at the time of listing Authority: 16 U.S.C. 1361–1407; 1531– National Environmental Policy Act (42 that contain the features essential for 1544; 4201–4245; unless otherwise noted. U.S.C. 4321 et seq.) conservation of the species, and no ■ 2. In § 17.95(i), revise the entry for It is our position that, outside the tribal lands unoccupied by the Salt ‘‘Salt Creek Tiger Beetle (Cicindela jurisdiction of the U.S. Court of Appeals Creek tiger beetle that are essential for nevadica lincolniana),’’ to read as for the Tenth Circuit, we do not need to the conservation of the species. follows: prepare environmental analyses Therefore, we are not proposing to pursuant to the National Environmental designate critical habitat for the Salt § 17.95 Critical habitat––fish and wildlife. Policy Act (NEPA; 42 U.S.C. 4321 et Creek tiger beetle on tribal lands. * * * * *

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(i) Insects. and islands of streams and seeps that boundaries on the effective date of this * * * * * contain adequate soil moisture and soil rule. salinity are essential core habitats. (v) Critical habitat map units. The Salt Creek Tiger Beetle (Cicindela These habitats support egg-laying and map in this entry, as modified by any nevadica lincolniana) foraging requirements. The ‘‘Salmo’’ soil accompanying regulatory text, (1) Four critical habitat units are series is the only soil type that currently establishes the boundaries of the critical depicted for Lancaster and Saunders supports occupied habitat; however habitat designation. The coordinates or Counties, Nebraska, on the map below. ‘‘Saltillo’’ is the other soil series that has plot points or both on which the map (2) Within these areas, the primary adequate soil moisture and salinity and is based are available to the public at the constituent elements of the physical or can also provide suitable habitat. Service’s internet site, http:// biological features essential to the www.fws.gov/nebraskaes, at http:// (iii) Vegetated wetlands adjacent to conservation of Salt Creek tiger beetle www.regulations.gov at Docket No. core habitats that provide shade for consist of the following components: FWS–R6–ES–2013–0068, and at the species thermoregulation, support a (i) Saline barrens and seeps found field office responsible for this source of prey for adults and larval within saline wetland habitat in Little designation. You may obtain field office Salt, Rock, Oak and Haines Branch forms of Salt Creek tiger beetles, and location information by contacting one Creeks. For our evaluation, we protect core habitats. of the Service regional offices, the determined that two habitat types (iv) Critical habitat does not include addresses of which are listed at 50 CFR within suitable wetlands are required by manmade structures (such as buildings, 2.2. the Salt Creek tiger beetle: aqueducts, runways, roads, and other (vi) Note: Map showing critical (ii) Exposed mudflats associated with paved areas) and the land on which they habitat units for the Salt Creek tiger saline wetlands or the exposed banks are located existing within the legal beetle follows:

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BILLING CODE 4310–55–P for largetooth sawfish in this proposed Background * * * * * rule to codify the taxonomic On September 10, 2010, we received Dated: May 20, 2013. reclassification of P. perotteti to P. a petition from the WildEarth Guardians Rachel Jacobsen, pristis. We are not proposing to (WEG) requesting we list six sawfish Principal Deputy Assistant Secretary for Fish designate critical habitat because the species: knifetooth, narrow, or pointed and Wildlife and Parks. geographical areas occupied by the sawfish (A. cuspidata, hereinafter the [FR Doc. 2013–13098 Filed 6–3–13; 8:45 am] species are entirely outside U.S. narrow sawfish); dwarf or Queensland jurisdiction and we have not identified BILLING CODE 4310–55–C sawfish (P. clavata, hereinafter the any unoccupied areas that are currently dwarf sawfish); largetooth sawfish (P. essential to the conservation of any of pristis and P. microdon); green sawfish DEPARTMENT OF COMMERCE these species. We are soliciting (P. zijsron); and the non-listed information that may be relevant to population(s) of smalltooth sawfish (P. National Oceanic and Atmospheric these listing and critical habitat pectinata) as endangered or threatened Administration determinations, especially on the status under the ESA; or alternatively to list and conservation of these species. any distinct population segments (DPS) 50 CFR Part 224 DATES: Comments on this proposed rule that exist under the ESA. On March 7, [Docket No. 101004485–3501–02] must be received by August 5, 2013. 2011, we published a 90-day finding (76 Public hearing requests must be made FR 12308) stating the petitioned action RIN 0648–XZ50 by July 19, 2013. may be warranted for five of the six species A. cuspidata, P. clavata, P. Endangered and Threatened Wildlife ADDRESSES: You may submit comments, microdon, P. zijsron, and the non-listed and Plants; 12-Month Finding and identified by the following document population(s) of P. pectinata. Proposed Endangered Listing of Five number, NOAA–NMFS–2011–0073, by Information in our records indicated Species of Sawfish Under the any of the following methods: that P. pristis as described in the Endangered Species Act • Electronic Submissions: Submit all electronic public comments via the petition, was not a valid species. Our AGENCY: National Marine Fisheries Federal eRulemaking Portal. Go to 90-day finding requested information to Service (NMFS), National Oceanic and www.regulations.gov/ inform our decision, and announced the Atmospheric Administration (NOAA), #!docketDetail;D=NOAA-NMFS-2011- initiation of status reviews for the five Commerce. 0073. click the ‘‘Comment Now’’ icon, species. During the comment period we ACTION: Proposed rule; 12-month complete the required fields, and enter received five public comments. petition finding; request for comments. or attach your comments. We are responsible for determining • Fax: 727–824–5309; Attn: Assistant whether species are threatened or SUMMARY: We, NMFS, have completed Regional Administrator for Protected endangered under the ESA (16 U.S.C. comprehensive status reviews under the Resources. 1531 et seq.). To make this determination, we first consider Endangered Species Act (ESA) of five Instructions: You must submit whether a group of organisms species of sawfishes in response to a comments by one of the above methods constitutes a ‘‘species’’ under the ESA, petition to list six sawfish species. In to ensure that we receive, document, then whether the status of the species our 90-day finding we determined that and consider them. Comments sent by qualifies it for listing as either Pristis pristis, as described in the any other method, to any other address threatened or endangered. Section 3 of petition, was not a valid species and or individual, or received after the end the ESA defines a ‘‘species’’ as ‘‘any began our status review on the of the comment period may not be subspecies of fish or wildlife or plants, remaining five species (Anoxypristis considered. All comments received are and any distinct population segment of cuspidata; Pristis clavata; Pristis a part of the public record and will any species of vertebrate fish or wildlife microdon; Pristis zijsron; and all non- generally be posted for public viewing which interbreeds when mature.’’ listed population(s) of Pristis pectinata). on http://www.regulations.gov without Section 3 of the ESA further defines an During our status review, new scientific change. All personal identifying endangered species as ‘‘any species information revealed that three information (e.g., name, address, etc.) which is in danger of extinction previously recognized species (P. confidential business information, or throughout all or a significant portion of microdon, P. pristis, and P. perotteti) otherwise sensitive information its range’’ and a threatened species as were in fact a single species, Pristis submitted voluntarily by the sender will one ‘‘which is likely to become an pristis. We had previously listed P. be publicly accessible. We will accept endangered species within the perotteti as an endangered species (July anonymous comments (enter ‘‘N/A’’ in foreseeable future throughout all or a 12, 2011). We therefore also considered the required fields if you wish to remain significant portion of its range.’’ Thus, the information from our 2010 status anonymous). Attachments to electronic we interpret an ‘‘endangered species’’ to review of P. perotteti, herein P. pristis. comments will be accepted in Microsoft be one that is presently in danger of We have determined, based on the best Word, Excel, or Adobe PDF file formats extinction. A ‘‘threatened species,’’ on scientific and commercial data available only. and after taking into account efforts the other hand, is not presently in You can obtain the petition, the being made to protect the species, that danger of extinction, but is likely to proposed rule, and the list of references the narrow sawfish (A. cuspidata); become so in the foreseeable future (that electronically on our NMFS Web site at dwarf sawfish (P. clavata); largetooth is, at a later time). In other words, the http://sero.nmfs.noaa.gov/pr/pr.htm. sawfish (collectively P. pristis; formerly primary statutory difference between a P. pristis, P. microdon, and P. perotteti); FOR FURTHER INFORMATION CONTACT: threatened and endangered species is green sawfish (P. zijsron); and the non- Shelley Norton, NMFS, Southeast the timing of when a species may be in listed population(s) of smalltooth Regional Office (727) 824–5312 or Dr. danger of extinction, either presently sawfish P. pectinata meet the definition Dwayne Meadows, NMFS, Office of (endangered) or in the foreseeable future of an endangered species. We also Protected Resources (301) 427–8403. (threatened). Section 4(a)(1) of the ESA include a change in the scientific name SUPPLEMENTARY INFORMATION: requires us to determine whether any

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