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Withdrawal of the Proposed Rule to List Coral Pink Sand Dunes Tiger Beetle and Designate Critical Habitat; Proposed Rule

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Withdrawal of the Proposed Rule to List Coral Pink Sand Dunes Tiger Beetle and Designate Critical Habitat; Proposed Rule Vol. 78 Wednesday, No. 191 October 2, 2013 Part IV Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Withdrawal of the Proposed Rule To List Coral Pink Sand Dunes Tiger Beetle and Designate Critical Habitat; Proposed Rule VerDate Mar<15>2010 19:02 Oct 01, 2013 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02OCP3.SGM 02OCP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 61082 Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Proposed Rules DEPARTMENT OF THE INTERIOR telecommunications device for the deaf agencies renewed the CCA in 2009 (TDD), call the Federal Information (Conservation Committee 2009, entire). Fish and Wildlife Service Relay Service (FIRS) at 800–877–8339. Coordination under the CCA resulted in SUPPLEMENTARY INFORMATION: the establishment of two Conservation 50 CFR Part 17 Areas that protected the CPSD tiger Executive Summary [Docket No. FWS–R6–ES–2012–0053; beetle from ORV use—Conservation Docket No. FWS–R6–ES–2013–0020; Why we need to publish this Areas A and B (see Habitat and Factor 4500030113] document. Under the Endangered A for more information on the Species Act, a species may warrant Conservation Areas). RIN 1018–AY11; AZ39 protection through listing if it is In our 2010 Candidate Notice of Review, we identified the CPSD tiger Endangered and Threatened Wildlife endangered or threatened throughout all beetle as a species for which listing as and Plants; Withdrawal of the or a significant portion of its range. an endangered or threatened species Proposed Rule To List Coral Pink Sand Listing a species as an endangered or was warranted (with a listing priority Dunes Tiger Beetle and Designate threatened species can only be number of 2) but precluded by our work Critical Habitat completed by issuing a rule. Accordingly, we had issued a proposed on higher priority listing actions (75 FR AGENCY: Fish and Wildlife Service, rule to list this species. However, this 69222, November 10, 2010). In the 2011 Interior. document withdraws that proposed rule Candidate Notice of Review, we ACTION: Proposed rule; withdrawal. because we have determined that threats announced that we were not updating have been reduced such that listing is our assessment for this species, because SUMMARY: We, the U.S. Fish and not necessary for this species. we received funding to develop a Wildlife Service (Service), withdraw the The basis for our action. Under the proposed listing rule (76 FR 66370, proposed rule to list the Coral Pink Endangered Species Act, we can October 26, 2011). Sand Dunes tiger beetle, Cicindela determine that a species is an On October 2, 2012, we proposed to albissima, as a threatened species under endangered or threatened species based list the CPSD tiger beetle as a threatened the Endangered Species Act of 1973, as on any of five factors: (A) The present species with designated critical habitat amended (Act), and designate critical or threatened destruction, modification, under the Act (77 FR 60208). habitat for the species. This withdrawal or curtailment of its habitat or range; (B) Publication of the proposed rule opened is based on our conclusion that the Overutilization for commercial, a 60-day comment period that closed on threats to the species as identified in the recreational, scientific, or educational December 3, 2012. Following proposed rule no longer are as purposes; (C) Disease or predation; (D) publication of our proposed rule, the significant as believed at the time of the The inadequacy of existing regulatory conservation committee reconvened to proposed rule. We base this conclusion mechanisms; or (E) Other natural or evaluate current species’ survey and on our analysis of current and future manmade factors affecting its continued distribution information and reassess threats and conservation efforts. We find existence. We have determined that the conservation commitments in the the best scientific and commercial data threats have been reduced such that 2009 CCA. Based on this evaluation, the conservation committee agreed to available indicate that the threats to the listing is not necessary for this species. species and its habitat have been Peer review and public comment. We expand Conservation Area A, which is reduced below the statutory definition sought comments from independent already subject to management under a of threatened or endangered. Therefore, specialists to ensure that our proposed CCA, and provide protected habitat we are withdrawing our proposal to list listing designation is based on islands for the species in the intervening dunes between Conservation Areas A the species as threatened with critical scientifically sound data, assumptions, and B as they are defined in the CCA. habitat. and analyses. We invited these peer The 2009 Conservation Agreement was DATES: The Fish and Wildlife Service is reviewers to comment on our listing amended accordingly in 2013 (2013 proposal. We also considered all withdrawing the proposed rule CCA Amendment) (see Factor A. The comments and information received published October 2, 2012 (77 FR Present or Threatened Destruction, during the comment periods. 60208) as of October 2, 2013. Modification, or Curtailment of Its ADDRESSES: The withdrawal of our Background Habitat or Range). proposed rule, comments, and On May 6, 2013 (78 FR 26308), we supplementary documents are available Previous Federal Actions announced the reopening of the public on the Internet at http:// Please refer to the proposed listing comment period on our October 2, 2012, www.regulations.gov at Docket Nos. rule for the Coral Pink Sand Dunes proposed listing decision and proposed FWS–R6–ES–2012–0053 and FWS–R6– (CPSD) tiger beetle (77 FR 60208, designation of critical habitat for the ES–2013–0020. Comments and October 2, 2012) for a detailed species. At this time we also announced materials received, as well as supporting description of the previous Federal the availability of a draft economic documentation used in the preparation actions concerning this species. analysis (DEA), a draft environmental of this withdrawal, are also available for In 1997, the Service, Bureau of Land assessment (EA), the 2013 Amendment public inspection, by appointment, Management (BLM), Utah Department of to the 2009 Conservation Agreement during normal business hours at: U.S. Natural Resource’s Division of State and Strategy for the Coral Pink Sand Fish and Wildlife Service, Utah Parks and Recreation (Utah State Parks), Dunes tiger beetle (2013 CCA Ecological Services Field Office, 2369 and Kane County signed a Candidate Amendment), and an amended required West Orton Circle, Suite 50, West Valley Conservation Agreement (CCA) and determinations section of the proposal City, Utah 84119; telephone 801–975– formed a conservation committee with (78 FR 26308). We also announced the 3330; or facsimile 801–975–3331. the dual goals of protecting CPSD tiger availability of 2012 CPSD tiger beetle FOR FURTHER INFORMATION CONTACT: beetle habitat and balancing the needs survey results that were not available Larry Crist, Field Supervisor, Utah of this rare species with off-road vehicle when the proposed rule was being Ecological Services Field Office (see (ORV) use in the area (Conservation written and the plans to hold a public ADDRESSES section). If you use a Committee 1997, pp. 4–5). These information meeting and public hearing VerDate Mar<15>2010 19:02 Oct 01, 2013 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP3.SGM 02OCP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Proposed Rules 61083 on May 22, 2013, in Kanab, Utah (78 FR Arizona state line and 13 km (8 mi) west vegetation and larval burrows, dune 26308). of Kanab, Utah (see Figure 1 below in migration characteristics that permit Population Distribution). The CPSD are vegetation to develop and persist within Taxonomy and Species Description about 13 km (8 mi) long, averaging 1.1 dune swales, proper sediment supply, The CPSD tiger beetle is a member of km (0.7 mi) in width, and 1,416 ha and a proper wind regime (Fenster et al. the family Cicindelidae and genus (3,500 ac) in surface area. 2012, pp. 2–4). Cicindela. There are 109 species of tiger The CPSD consist of a series of high, Rainfall and associated soil moisture beetles in the genus Cicindela in the mostly barren, dry dune ridges is a critical factor for CPSD tiger beetles United States and Canada (Pearson et al. separated by lower, moister, and more (Knisley and Juliano 1988, entire) and is 2006, p. 4). The CPSD tiger beetle occurs vegetated interdunal swales (low places likely the most important natural only at the CPSD geologic feature in between sand dune crests) (Romey and environmental factor affecting southern Utah and is separated from its Knisley 2002, p. 170). Wind action, population dynamics of the species. closest related subspecies, the Great primarily blowing from south to north, Rainfall and the associated increase in Sand Dunes tiger beetle (C. theatina), by created and continues to shape the soil moisture have a positive effect on over 600 kilometers (km) (378 miles CPSD, using sand from nearby eroding CPSD tiger beetle oviposition (egg (mi)) (Rumpp 1961, p. 182). It shares the Navajo sandstone (Doelling and Davis depositing) and survivorship (Knisley typical characteristics of other members 1989, p. 3). Wind velocity decreases as and Hill 2001, p. 391). The areas in the of the maritima group (a group of it moves across the sand dunes (from dune field with the highest level of soil closely related species of sand dune south to north), resulting in a dynamic moisture and where soil moisture is tiger beetles) and is most similar in and less vegetated southern CPSD area closer to the surface contain the highest morphology to other subspecies of that transitions to a less dynamic, more densities of CPSD tiger beetle larvae Cicindela limbata (no common name).
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