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D. Add a new paragraph (d) to read services market, as evidenced by an or endangered under the Endangered as set forth below. open-skies agreement, or where it is Species Act of 1973, as amended. We The revisions read as follows: otherwise appropriate to ensure find the petition does not provide consistency with U.S. international legal substantial information indicating that § 204.5 Certificated and commuter air carriers undergoing or proposing to obligations, the Department will listing the Andrews’ dune scarab undergo a substantial change in operations, consider the following when may be warranted. Therefore, we will ownership, or management. determining whether U.S. citizens are in not be initiating a status review in (a) * * * ‘‘actual control’’ of the air carrier: response to this petition. We ask the (2) The change substantially alters the (1) All organizational documentation, public to submit to us any new factors upon which its latest fitness including such documents as charter of information that becomes available finding is based, even if no new incorporation, certificate of concerning the status of the species or authority is required. incorporation, by-laws, membership threats to it or its habitat at any time. agreements, stockholder agreements, * * * * * DATES: The finding announced in this and other documents of similar nature. (c) Information filings pursuant to this document was made on May 5, 2006. The documents will be reviewed to section made to support an application ADDRESSES: The complete file for this determine whether U.S. citizens have for new or amended certificate authority finding is available for public and will in fact retain actual control of shall be filed with the application and inspection, by appointment, during the air carrier through such documents. addressed to Docket Operations, M–30, normal business hours at the Carlsbad (2) The air carrier’s operational plans U.S. Department of Transportation, 400 Fish and Wildlife Office, U.S. Fish and or actual operations to determine Seventh Street, SW., PL–401, Wildlife Service, 6010 Hidden Valley whether U.S. citizens have actual Washington, DC 20590, or by electronic Road, Carlsbad, CA 92011. New control with respect to: information, materials, comments, or submission at [http://dms.dot.gov]. (i) Decisions whether to make and/or (d) Information filed in support of a questions concerning this species may continue Civil Reserve Air Fleet (CRAF) certificated or commuter air carrier’s be submitted to us at any time at the or other national defense airlift continuing fitness to operate under its above address. commitments, and, once made, the existing authority in light of substantial FOR FURTHER INFORMATION CONTACT: Jim implementation of such commitments changes in its operations, management, Bartel, Field Supervisor, Carlsbad Fish with the Department of Defense; ADDRESSES or ownership, including changes that (ii) Air carrier policies and and Wildlife Office (see may affect the air carrier’s citizenship, implementation with respect to aviation section above), by telephone at 760– shall be addressed to the Chief, Air security, including the transportation 431–9440, or by facsimile to 760–431– Carrier Fitness Division, Office of the security requirements specified by the 9624. Secretary, U.S. Department of Transportation Security Administration; SUPPLEMENTARY INFORMATION: Transportation, 400 Seventh Street, and Background SW., Washington, DC 20590. (iii) Air carrier policies and * * * * * implementation with respect to aviation Section 4(b)(3)(A) of the Endangered safety, including the requirements Species Act of 1973, as amended (Act) PART 399—STATEMENTS OF specified by the Federal Aviation (16 U.S.C. 1531 et seq.), requires that we GENERAL POLICY Administration. make a finding on whether a petition to list, delist, or reclassify a species 5. The authority citation for part 399 Issued in Washington, DC, on May 1, 2006. presents substantial scientific or continues to read as follows: Michael W. Reynolds, commercial information to indicate that Authority: 49 U.S.C. 40101 et seq. Acting Assistant Secretary for Aviation and the petitioned action may be warranted. 6. Add a new § 399.88 to read as set International Affairs. We are to base this finding on forth below: [FR Doc. 06–4227 Filed 5–3–06; 1 pm] information provided in the petition, BILLING CODE 4910–62–P supporting information submitted with § 399.88 Actual control of U.S. air carriers. the petition, and information otherwise (a) Applicability. This policy shall available in our files at the time we apply to each direct air carrier DEPARTMENT OF THE INTERIOR make the determination. To the submitting information to the Air maximum extent practicable, we are to Carrier Fitness Division under part 204 Fish and Wildlife Service make this finding within 90 days of our of this title, with respect to its status as receipt of the petition and publish a a ‘‘Citizen of the United States’’ as 50 CFR Part 17 notice of this finding promptly in the defined in 49 U.S.C. 40102(a)(15), of the Endangered and Threatened Wildlife Federal Register. Act. This policy shall only apply to the Our standard for substantial and Plants; 90-Day Finding on a interpretation of ‘‘actual control’’ information within the Code of Federal Petition To List the Andrews’ Dune contained in 49 U.S.C. 40102(a)(15)(C) Regulations (CFR) with regard to a 90- Scarab Beetle as Threatened or in determining air carrier fitness/ day petition finding is ‘‘that amount of Endangered citizenship to receive or retain a information that would lead a certificate of public convenience and AGENCY: Fish and Wildlife Service, reasonable person to believe that the necessity. Interior. measure proposed in the petition may (b) Policy. In cases where there is ACTION: Notice of 90-day petition be warranted’’ (50 CFR 424.14(b)). If we significant involvement in investment finding. find that substantial information was by non-U.S. citizens and either where presented, we are required to promptly their home country does not deny SUMMARY: We, the U.S. Fish and commence a review of the status of the citizens of the United States reciprocal Wildlife Service (Service), announce a species. access to investment in that country’s 90-day finding on a petition to list the In making this finding, we relied on carriers and does not deny U.S. air Andrews’ dune scarab beetle information provided by the petitioners carriers full and fair access to its air (Pseudocotalpa andrewsi) as threatened and information otherwise available in

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our files at the time of petition review Species Information During periods of inactivity, and evaluated that information in Andrews’ dune scarab remain accordance with 50 CFR 424.14(b). Our Within the subtribe Areodina of North buried at the interface of the wet and process of coming to a 90-day finding American scarab beetles (family dry sand, at depths of 2 to 11.8 in (5 to under section 4(b)(3)(A) of the Act and ), Hardy described the 30 centimeters (cm)) (Hardy and section 424.14(b) of our regulations is Andrews’ dune scarab beetle Andrews 1980; Scarabaeus Associates limited to a determination of whether (Pseudocotalpa andrewsi) as a 1991). Adults have been collected from the information in the petition meets the monotypic species within a new genus mid-April through the first week of May ‘‘substantial information’’ threshold. in 1971. Subsequently, Hardy (1974) (Hardy and Andrews 1980). The adult On December 13, 2002, we received a described two additional species of flight season runs from late March to formal petition dated December 12, Pseudocotalpa (P. guilianii and early May (Scarabaeus Associates 1991). 2002, from the Center for Biological sonorica), along with the note that an Adults emerge in ‘‘large’’ numbers at Diversity requesting the Andrews’ dune additional 82 specimens of P. andrewsi dusk (Hardy 1971) and fly for 10 to 30 scarab beetle (Pseudocotalpa andrewsi) had been collected from the type minutes, while congregating in groups be listed as threatened or endangered in locality near Glamis in Imperial County, of 3 to 20 individuals around nearby accordance with section 4 of the Act. California. Andrews’ dune scarab bushes, then move away in pairs to Action on this petition was precluded beetles are golden-brown and covered copulate (Hardy and Andrews 1980; by court orders and settlement with long, pale, fine hairs, and range in Scarabaeus Associates 1991). After agreements for other listing actions that length from 0.51 to 0.71 inches (in) (13 copulation, adults rapidly bury required nearly all of our listing funds to 18 millimeters (mm)) (Hardy 1971). themselves in the sand (Hardy and for fiscal year 2003. On December 9, The Andrews’ dune scarab beetle can be Andrews 1980). We do not have 2004, we received a 60-day notice of differentiated from other closely related information on the life span of this intent to sue, and on December 1, 2005, scarab beetles by its smaller size, the species. we received a complaint regarding our deep concave shape of the clypeus, and Hardy and Andrews (1980) reported failure to make the 90-day and 12- the poorly developed prothoracic post- month findings on the status of the that the Andrews’ dune scarab beetle ‘‘is coxal spine or knob (Hardy 1971, Hardy a species that is (as far as can be Andrews’ dune scarab beetle. On 1974). January 12, 2006, we reached an determined) endemic to the Algodones agreement with the plaintiffs to submit The Service described the ‘‘specific Dunes in Imperial County, California, to the Federal Register a completed 90- habitat of the beetles [as] troughs of and probably the portion of the same day finding by April 28, 2006, and to loose drifting sand between dunes’’ in dune system that occurs in Baja complete, if applicable, a 12-month the 1978 proposed rule (43 FR 35636). California Norte, Mexico.’’ However in finding by January 26, 2007 (Case No. 05 Habitat vegetation type was described as Hardy’s (1971) article describing the CV 1988 BEN (BLM) S.D.CAL). This creosote bush scrub by Hardy and new species and its habitat, the author notice constitutes the 90-day finding for Andrews (1980), but many collections included a male specimen collected the December 12, 2002, petition. occurred in areas described as from the ‘‘Yuma Dunes’’ in 1960 as psammophytic (‘‘sand loving’’) scrub referable to the species. Hardy and Previous Federal Actions (Hardy and Andrews 1980; BLM 2002). Andrews (1980) noted this same In a proposed rule that included 10 Psammophytic scrub vegetation occurs collection in their article as well. The North American beetles, the Service in the interior portions of sand dunes, Yuma Dunes occur approximately 15 proposed to list as threatened and most frequently between active dunes in miles (mi)(28 kilometers) southeast of designate critical habitat for the areas that form depressions (BLM 2003). the Algodones Dunes, across the Andrews’ dune scarab beetle on August The Andrews’ dune scarab beetle Colorado River, in extreme 10, 1978 (43 FR 35636). Without citing appears to prefer low dunes on the southwestern Arizona. Moreover, given any literature, species experts, or other margin of thickets (dense patches of that such plants as the Peirson’s milk- scientific authority to support the scrub vegetation) that form finger-like vetch (Astragalus magdalenae var. various claims in the proposal, we extensions into the dunes (Scarabaeus peirsonii) are known from the indicated that the action was being Associates 1991). Andrews reported that Algodones Dunes, Yuma Dunes, and taken for the 10 beetles because of all of the Andrews’ dune scarab beetle Gran Desierto de Altar (Felger 2000), ‘‘decreased population levels and burrowing mounds that he identified and the dune sunflower (Helianthus anticipated adverse modification of were in bare ground near thickets and, niveus ssp. tephrodes) is known from * * * habitat.’’ Specifically regarding therefore, density appeared to be the Algodones Dunes and Gran Desierto the Andrews’ dune scarab beetle, the positively correlated with thicket de Altar (Seiler et al. 2006), it is possible Service stated that the ‘‘continued density (Scarabaeus Associates 1991). that the Andrews’ dune scarab beetle disruption of dune troughs by off-road Thickets are typically dominated by occurs farther south as well in the large vehicles [ORVs] prevents the large creosote (Larrea tridentata); palo dune systems of the Gran Desierto de accumulation of dead organic matter verde (Cercidium floridum); ironwood Altar in northwestern Sonora, Mexico. upon which the immature stages of this (Olneya tesota) (Scarabaeus Associates The Algodones Dunes, Yuma Dunes, beetle feed.’’ On October 1, 1980 (45 FR 1991); and other associated plants and Gran Desierto are geologically part 65137), we published a notice of include desert buckwheat (Eriogonum of the same active dune system (Rinker withdrawal for the proposed rule to list deserticola) and desert needle et al. 1991). As a result, the Andrews’ the Andrews’ dune scarab beetle and (Palafoxia arida) (Hardy and Andrews dune scarab beetle does not appear to be seven other beetles because the 1978 1980). Bureau of Land Management restricted to the Algodones Dunes of amendments to the Act mandated (BLM 2002) noted that the ‘‘Andrews’ southeastern California or northeastern withdrawals for all proposals not dune scarab beetle is found primarily Baja California Norte, but rather occurs finalized within two years. As a result, along the eastern edge of the dunes in at least within the Yuma Dunes of the Andrews’ dune scarab beetle the transitional zone between creosote Arizona and potentially within the Gran currently has no Federal regulatory bush scrub, psammophytic scrub, and Desierto de Altar in northwestern status. microphyll woodland habitats.’’ Sonora, Mexico.

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No population estimates are available near the Algodones Dunes, scatter or Andrews’ dune scarab beetle as an for this species. crush accumulations of organic matter example of a dune endemic. While likely used by P. andrewsi larvae for Hardy and Andrews (1976) and Threats Analysis nurseries, disrupt layers of crust which Carpelan (1995) expressed concern Section 4 of the Act and its stabilize the dunes, and may upset regarding the general effects of OHVs to implementing regulations (50 CFR part beetle reproduction.’’ dunes (especially stabilized dunes), 424) set forth the procedures for adding The petitioners also claim that if neither paper supported any assertion of species to the Federal list of endangered protected areas of the Algodones Dunes OHVs ‘‘adversely modify dune habitat’’ and threatened species. A species may are reopened to ORVs, as described in of the Andrews’’ dune scarab beetle. be determined to be an endangered or the draft environmental impact Similarly, the statements in the 1978 threatened species due to one or more statement (DEIS) for the Proposed proposal to list the Andrews’ dune of the five factors described in section Recreation Area Management Plan and scarab beetle regarding the decreased 4(a)(1) of the Act: (A) Present or Amendment to the California Desert population levels and OHV impacts threatened destruction, modification, or Conservation Area Plan (BLM 2002), were not supported by the available curtailment of habitat or range; (B) habitat for the Andrews’ dune scarab scientific information. overutilization for commercial, beetle will be modified or destroyed and An additional report by Andrews recreational, scientific, or educational its range within the dune system will (Scarabaeus Associates 1991) provides purposes; (C) disease or predation; (D) likely be curtailed. The petitioners little additional insight into the inadequacy of existing regulatory contend that not only is the Andrews’ potential impact ORV use may have on mechanisms; or (E) other natural or dune scarab beetle endemic to the Andrews’ dune scarab beetles or their manmade factors affecting its continued Algodones Dunes, but no recolonization habitat. Although his study was existence. In making this finding, we source exists in the event of population intended to investigate the potential evaluated whether threats to the extirpation. impacts of ORV use on the Andrews’ Andrews’ dune scarab beetle presented The petition does not discuss or dune scarab beetle, conclusions in the petition and other information provide specific scientific or regarding the impact of ORV use on available in our files at the time of the commercial information on distribution Andrews’ dune scarab beetle could not petition review may pose a concern and population status of the Andrews’ be derived from the study as designed. with respect to its survival. Our dune scarab beetle in Mexico or outside Plots were placed based on collection evaluation of these threats is presented of the Algodones Dunes system. records and expert opinion of habitat below. Evaluation of Information in the suitability, not randomized within use A. Present or Threatened Destruction, Petition and Our Files designation areas or a larger reasonable subset of dune habitat, such as the Modification, or Curtailment of the The petition and our files contain Species’ Habitat or Range central upland-lowland dune transition little information regarding the threat of areas where most beetles have been The petitioners state that ORV activity ORV use to the Andrews’ dune scarab collected. The only measure of ORV destroys and modifies Andrews’ dune beetle. Luckenbach and Bury (1983) activity was BLM use classification scarab beetle habitat and curtails its reported that ‘‘ (mostly beetle) (Intensive, Moderate, Limited, and range (range estimate based on Andrews tracks were twenty-four times more Controlled (no access)). Andrews et al. 1979; Hardy and Andrews 1980). abundant in control plots than in ORV- (Scarabaeus Associates 1991) did not The petitioners state that the impacted plots.’’ However, this work detect any individuals in ORV Intensive congregating behavior of adult Andrews’ was not species-specific (observed use classification plots where most early dune scarab beetles during the active tracks may not be the Andrews’ dune collections of Andrews’ dune scarab season (generally February through scarab beetle or reflect the abundance of beetle were made. However, no May) renders colonies vulnerable to the species), and the sampled plots were individuals were detected in Controlled direct mortality by ORV activity. The placed in areas where no Andrews’ use (closed to ORV use) classification petition uses the arthropod observations dune scarab beetles have been collected, plots either, where habitat appeared of Luckenbach and Bury (1983) as therefore it is not clear from these ‘‘excellent,’’ and ‘‘significant’’ substantiation. results that Andrews’ dune scarab beetle populations had been detected in The petitioners assert that ORVs can is adversely impacted by ORV use, or previous years. Most beetle detections also ‘‘adversely modify dune habitat.’’ that ORV use constitutes a significant were made in plots located within the According to the petition, threat to the beetle. Despite the claim in two intermediate ORV use classification accumulations of vegetable matter the petition that Hardy and Andrews areas (Moderate and Limited). An collected in wind-made troughs may (1976) concluded that ORVs destroy ‘‘extensive’’ search of a greater area serve as nurseries for Andrews’ dune plants within and near the Algodones classified as Controlled resulted in scarab beetle larval stages, and creosote Dunes and impact larval nurseries of detection of only two individuals. bushes may be host plants for the Andrews’ dune scarab beetle, Hardy and Andrews’ study (Scarabaeus Associates species. The petitioners maintain that Andrews (1976) did not survey the 1991) indicates that occupancy of because Andrews’ dune scarab beetle Algodones Dunes in their surveys habitat patches may shift regardless of reproduction occurs once a year from in six California and Nevada dune habitat suitability or ORV impacts but mid-April through early May, ORV systems and the authors provided only did not demonstrate impacts of ORV use destruction of accumulated vegetable generalized data of potential adverse on Andrews’ dune scarab beetle matter in which larvae may be effects of off-highway vehicles (OHVs, abundance. developing could eliminate an entire also known as ORVs) to ‘‘dune restricted The petitioners assert that only one generation. Citing Carpelan (1995), the or adapted .’’ Carpelan (1995) population of the Andrews’ dune scarab petitioners claim that dune buggies focused his book chapter on dune beetle, a species endemic to the adversely modify Andrews’ dune scarab stabilization and the adaptation and Algodones Dunes, exists. As discussed beetle habitat, while they note ‘‘Hardy speciation of dune insects. Carpelan’s above, however, the species has been and Andrews (1976) concluded that work was largely derived from Hardy collected from the Yuma Dunes in ORVs destroy plant growth within and and Andrews (1976) and he gave Arizona. Moreover, given that the

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federally threatened Peirson’s milk- predation, noting that nighthawks to existing information to determine vetch (Astragalus magdalenae var. appeared to actively search occupied trend, until a satisfactory amount of data peirsonii) is known from the Algodones sites for Andrews’ dune scarab beetles. are gathered. Supplementary and Dunes, Yuma Dunes, and Gran Desierto However, review of the petition and monitoring studies will be through de Altar (Felger 2000), and the dune information in our files did not provide contract * * *.’’ sunflower (Helianthus niveus ssp. substantial scientific or commercial The petition reports that only one set tephrodes) is known from the information that mortality by predation of surveys was ever conducted Algodones Dunes and Gran Desierto de or disease may threaten survival of the (Scarabaeus Associates 1991), and Altar (Seiler et al. 2006), it is possible species across its range. although the report could not be located that this dune species occurs farther by the petitioners, it is in our files. The D. Inadequacy of Existing Regulatory south as well in the large dune systems petition notes that permanent Mechanisms of the Gran Desierto de Altar in monitoring of the Andrews’ dune scarab northwestern Sonora, Mexico. The petitioners assert that existing beetle was recommended in the HMP, Information provided with the petition regulatory mechanisms are inadequate but surveys have not been conducted for and in our files does not indicate that to protect this Algodones Dunes species the past decade. The petition notes that the Yuma Dunes or the sand dune from extinction. The petition states that the RAMP also stipulated that localized systems within the 5,000 square mi (1.3 past administrative plans and legal surveys be conducted for the Andrews’ million ha) of the Gran Desierto de Altar requirements to monitor and conserve dune scarab beetle prior to approval of have been surveyed for the Andrews’ the Andrews’ dune scarab beetle have particular development projects. The dune scarab beetle. not been implemented by BLM. Current petition concludes that no available We find that, due to weak, management plans allow ORV activity documents indicate that the stipulated incomplete, or nonexistent information in the majority of the known range of surveys were conducted, although a regarding impacts to the Andrews’ dune the Andrews’ dune scarab beetle on number of the named development scarab beetle from ORV use, the petition BLM lands in the Algodones Dunes (94 projects were approved and completed. and our files do not present substantial percent of all creosote scrub and 84 The petition quotes a recent DEIS information that the petitioned action percent of all psammophytic scrub). (BLM 2002) that ‘‘little is known about may be warranted. No other information All known Andrews’ dune scarab the biology of this beetle, [and] current regarding Factor A was contained in the beetle habitat in the United States is on information about the distribution and petition or our files. Because the known land managed by the BLM (Andrews et preferred habitat at the Plan Area is not populations in the United States exist al. 1979; Hardy and Andrews 1980; available * * *. No information about on lands owned and managed by BLM, BLM and CDFG 1987). The petitioners threats to this species is available.’’ The it is unlikely to be subject to other forms state that, although the sensitive, petition claims this assessment of the of habitat modification under Factor A, potentially endangered status of the species is inaccurate given information such as loss of habitat due to Andrews’ dune scarab beetle and presented in the petition. The petition development. adverse impacts of ORVs on the species notes that the HMP mandated collection have been made known to BLM (Hardy of demographic and distributional B. Overutilization for Commercial, and Andrews 1976), the use of ORVs information would have provided Recreational, Scientific, or Educational continues to be permitted in sensitive relevant additional information Purposes beetle habitat. According to the petition, regarding the species. Additionally, no The petition states no data are the preferred alternative management data were presented in the DEIS available. We have no scientific or plan in the DEIS (BLM 2002) would regarding the distribution of the commercial information in our files result in relaxed conservation measures Andrews’ dune scarab beetle, although indicating that overutilization of the for the species, including reopening such data are required before land-use beetle exists for commercial, thousands of acres of protected habitat decisions are made to ensure the species recreational, scientific, or educational to ORV use (see Factor A discussion is not jeopardized. The petitioners also purposes, and the petition did not above). note that the DEIS recognizes ‘‘OHV provide any such information. The petition notes that three planning activity tends to be concentrated within documents for the Algodones Dunes the psammophytic scrub. As a C. Disease or Predation Wildlife Habitat Area have addressed consequence, some special-status The petition states that natural management of ORV use and the wildlife species such as * * * endemic predation affects the population but Andrews’ dune scarab beetle: the 1972 dune beetles occurring in these dunes does not describe any effects. The Recreation Management Plan, the 1980 would be killed or injured by OHV petition states that effects of disease on California Desert Conservation Area activity.’’ The preferred alternative in the Andrews’ dune scarab beetle are Plan, and the 1987 Recreation Area the DEIS (Alternative 2) would allow unknown, and we have no information Management Plan for the Imperial Sand 198,220 ac (80,217 ha) of the Algodones in our files to indicate that either Dunes (RAMP) (BLM and CDFG 1987). Dunes to be open to ORV use, and only disease or predation threatens the The previously implemented RAMP the relatively small 27,695-ac (11,208- beetle. called for a reduction in the proposed ha) portion of the Algodones Dunes level of recreation development and would remain as off-limits to ORVs. Evaluation of Information in the dispersal of intensive recreational use Petition and Our Files within Class I areas. The RAMP Evaluation of Information in the Some information available in our included the Algodones Dunes Wildlife Petition and Our Files files provided specific observations of Habitat Management Plan (HMP), Focusing on the concerns expressed predation. Hardy and Andrews (1980) implemented under the authority of the by the petitioners, the final and stated that ‘‘[d]uring evening flights, Sikes Act (16 U.S.C. 670a–670o). The currently implemented RAMP (BLM night hawks were observed to be HMP recommended biennial surveys for 2003) does not address specific important predators of Pseudocotalpa.’’ the Andrews’ dune scarab beetle (p. 22): conservation, research, or monitoring of Andrews (Scarabaeus Associates 1991) ‘‘Permanent plots will be evaluated the Andrews’ dune scarab beetle. The observed nighthawk and scorpion biennially, and results will be compared only mention of Andrews’ dune scarab

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beetle is a note on page 32, recognizing imperiled,’’ the often cited study by commercial information documenting that the beetle is a ‘‘poorly known’’ BLM Hardy and Andrews (1976) did not loss of Andrews’ dune scarab beetles by sensitive species (Issues, Concerns, and address the Algodones Dunes or the pesticide use or how this may threaten Opportunities section). The final RAMP Andrews’ dune scarab beetle, while the survival of the species across its range, utilizes the preferred alternative in the counting of arthropod tracks in the nor is there any additional information DEIS (Alternative 2) discussed in the Luckenbach and Bury study (1983), also in our files. petition. Under the final RAMP, all- cited many times by the petitioners, was The assertion provided in the petition terrain vehicle, motorcycle, truck, and not specific to Andrews’ dune scarab that OHV use is likely to have negative dune buggy ORV use will be prohibited beetle and does not necessarily correlate impacts on direct mortality was not in the 26,202 ac (10,601 ha) North to the beetle. Moreover, the results of supported by any scientific information, Algodones Dunes Wilderness Recreation Andrew’s study (Scarabaeus Associates citations, or data. Therefore, this Management Area. The wilderness area 1991) intended to investigate the impact petition does not provide substantial closed to ORV use under the final of ORV use on the Andrews’ dune scientific or commercial information RAMP is 18 percent of the BLM- scarab beetle indicated that beetle documenting loss of Andrews’ dune managed Imperial Sand Dunes abundance was not correlated with BLM scarab beetles by the use of OHVs. Recreation Area known to contain ORV use designations, and that Andrews’ dune scarab beetle habitat occupancy of habitat patches may shift Finding (not including the Dune Buggy Flats regardless of habitat suitability or ORV We reviewed the petition and Recreation Management Area uplands impact. However, as noted above, due to supporting information provided with where studies have not detected study design limitations, the impact of the petition and evaluated that Andrews’ dune scarab beetle) (Hardy ORV use could not be adequately information in relation to other and Andrews 1980; BLM 2002). determined. In fact, another possible pertinent literature and information Historically, most Andrews’ dune scarab hypothesis that could support the study available in our files at the time of beetle observations were concentrated data is that some disturbance of the petition review. After this review and in the Glamis Recreation Management dunes is beneficial to the beetles, as the evaluation, we find the petition does not Area (Hardy and Andrews 1980), which most beetles were collected in areas provide substantial scientific or open to moderate disturbance, and no has the highest allowable recreation commercial information to demonstrate beetles were collected in a formerly impacts under the final RAMP. As that listing the Andrews’ dune scarab occupied area where disturbance may stated above, interim vehicle use closure beetle may be warranted at this time. have been reduced by closure. Because areas designated for the threatened The species information in the petition of the weak information on the effects Peirson’s milk-vetch plant (Astragalus and in our files was collected between of ORVs to the Andrews’ dune scarab magdalenae var. peirsonii) and desert 1967 and 1991, when most of the beetle and the lack of information tortoise (Gopherus agassizii) through specific data was collected. We supporting species-specific threats, legal stipulation (BLM 2002), including encourage interested parties to continue there is no basis for finding that existing approximately 49,000 ac (19,829.6 ha) of to gather data that will assist with the the Andrews’ dune scarab beetle range, regulatory protections are inadequate. Accordingly, we find that the petition conservation of the species. Information were not maintained (they were opened regarding the Andrews’ dune scarab to ORV use) under the final RAMP and our files do not present substantial scientific or commercial information beetle may be submitted to the Field (BLM 2003). Supervisor, Carlsbad Fish and Wildlife Regardless of whether the petition or that the petitioned action may be warranted. Office (see ADDRESSES section above) at the above description accurately details any time. the historic, existing, and proposed E. Other Natural or Manmade Factors management and monitoring of the Affecting the Species’ Continued References Cited Algodones Dunes by the BLM, the Existence A complete list of all references cited central issue is whether such Without citing any scientific herein is available, upon request, from management is inadequate because the references or studies, the petition states the Carlsbad Fish and Wildlife Office associated ORV activity has adversely that pesticide use in the agricultural (see ADDRESSES section). affected or will adversely affect the areas of the Imperial Valley is likely Author Andrews’ dune scarab beetle such that having negative impacts on the species listing may be warranted. Though the through pesticide drift into the dunes The primary author of this notice is petitioners claim they ‘‘were unable to and that spraying programs for the curly Alison Anderson, U.S. Fish and Wildlife find a single study documenting top leafhopper virus are also likely Service, Carlsbad Fish and Wildlife positive or even neutral effects of directly impacting the species. Office (see ADDRESSES). ORVs’’ after completing a The petition also included the issue of comprehensive review of scientific direct mortality from OHV use in the Authority literature regarding ORV impacts on Andrews’ dune scarab beetle habitat. The authority for this action is section desert flora and fauna, the petition and 4 of the Endangered Species Act of our files do not contain any direct or Evaluation of Information in the Petition and Our Files 1973, as amended (16 U.S.C. 1531 et substantial evidence that ORV activity is seq.). adversely affecting the Andrews’ dune The assertion provided in the petition scarab beetle. Despite the assertion from that pesticide use is likely having Dated: May 1, 2006. the petitioners that ‘‘a sufficient body of negative impacts was not supported by H. Dale Hall, information on negative effects of ORVs any scientific information, citations, or Director, U.S. Fish and Wildlife Service. on in the Algodones Dunes data. Thus, the petition does not [FR Doc. E6–6791 Filed 5–4–06; 8:45 am] exists to indicate the species is provide substantial scientific or BILLING CODE 4310–55–P

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