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Vol. 79 Friday, No. 206 October 24, 2014 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Threatened Species Status for Dakota Skipper and Endangered Species Status for Poweshiek Skipperling; Final Rule VerDate Sep<11>2014 17:13 Oct 23, 2014 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\24OCR2.SGM 24OCR2 asabaliauskas on DSK5VPTVN1PROD with RULES 63672 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations DEPARTMENT OF THE INTERIOR Executive Summary Previous Federal Action Fish and Wildlife Service Why we need to publish a rule. Under Please refer to the proposed listing the Endangered Species Act, a species rule for the Dakota skipper and 50 CFR Part 17 may warrant protection through listing Poweshiek skipperling (78 FR 63574; if it is endangered or threatened October 24, 2013) for a detailed throughout all or a significant portion of [Docket No. FWS–R3–ES–2013–0043; description of previous Federal actions 4500030113: 4500030113] its range. Listing a species as an concerning this species. endangered or threatened species can Background only be completed by issuing a rule. RIN 1018–AY01 This rule will finalize the listing of the Please refer to the proposed listing Endangered and Threatened Wildlife Dakota skipper (Hesperia dacotae) as a rule for the Dakota skipper and the and Plants; Threatened Species Status threatened species and the Poweshiek Poweshiek skipperling (78 FR 63574; for Dakota Skipper and Endangered skipperling (Oarisma poweshiek) as an October 24, 2013) for a summary of Species Status for Poweshiek endangered species. species information. Skipperling The basis for our action. Under the Status Assessments for Dakota Skipper Endangered Species Act, we can AGENCY: Fish and Wildlife Service, and Poweshiek Skipperling Dakota determine that a species is an Skipper Interior. endangered or threatened species based ACTION: Final rule. on any of five factors: (A) The present Species Description or threatened destruction, modification, The Dakota skipper (Hesperia SUMMARY: We, the U.S. Fish and or curtailment of its habitat or range; (B) Wildlife Service (Service), determine dacotae) is a member of the skipper Overutilization for commercial, family Hesperiidae and was first threatened species status under the recreational, scientific, or educational Endangered Species Act of 1973 (Act), described in 1911 from collections taken purposes; (C) Disease or predation; (D) at Volga, South Dakota, and Grinnell, as amended, for the Dakota skipper The inadequacy of existing regulatory (Hesperia dacotae), a butterfly currently Iowa (Skinner 1911 in Royer and mechanisms; or (E) Other natural or Marrone 1992a, p. 1). The family found in Minnesota, North Dakota, manmade factors affecting its continued South Dakota, Manitoba, and Hesperiidae comprises seven existence. We have determined the subfamilies worldwide, four of which Saskatchewan and endangered species threats to both species include: status for the Poweshiek skipperling occur in North America, north of • Habitat loss and degradation of (Oarisma poweshiek), a butterfly Mexico (Brower and Warren at http:// native prairies and prairie fens, currently found in Michigan, tolweb.org/Hesperiidae). There are 21 resulting from conversion to agriculture Minnesota, Wisconsin, and Manitoba. recognized species in the genus or other development; ecological The effect of this regulation will be to Hesperia (ibid). Dakota skipper is the succession and encroachment of add these species to the List of accepted common name for H. dacotae. invasive species and woody vegetation Endangered and Threatened Wildlife. The Dakota skipper is a small to primarily due to lack of management; medium-sized butterfly with a wingspan DATES: This rule becomes effective past and present fire, haying, or grazing of 2.4–3.2 centimeters (cm) (0.9–1.3 November 24, 2014. management that degrades or eliminates inches (in)) and hooked antennae (Royer native prairie grasses and flowering ADDRESSES: This final rule is available and Marrone 1992a, p. 3). Like other forbs; flooding; and groundwater on the internet at http:// Hesperiidae species, Dakota skippers depletion, alteration, and www.regulations.gov and http:// have a faster and more powerful flight contamination. www.fws.gov/midwest/Endangered/. than most butterflies because of a thick, Comments and materials we received, as • Other natural or manmade factors, well-muscled thorax (Scott 1986, p. well as supporting documentation we including loss of genetic diversity, small 415). used in preparing this rule, are available size and isolation of sites, Adult Dakota skippers have variable for public inspection at http:// indiscriminate use of herbicides such markings. The dorsal surface of adult www.regulations.gov. All of the that it reduces or eliminates nectar male wings ranges in color from tawny- comments, materials, and sources, climate conditions such as orange to brown and has a prominent documentation that we considered in drought, direct mortality from fire and mark on the forewing; the ventral this rulemaking are available by other management activities or natural surface is dusty yellow-orange (Royer appointment, during normal business occurrences, direct or indirect mortality and Marrone 1992a, p. 3). The dorsal hours at: U.S. Fish and Wildlife Service, from indiscriminate use of pesticides, surface of adult females is darker brown Twin Cities Field Office, 4101 American and other unknown stressors. with diffused tawny orange spots and a Boulevard East, Bloomington, • Existing regulatory mechanisms are few diffused white spots restricted to Minnesota 55425; (612) 725–3548; (612) inadequate to mitigate these threats to 725–3609 (facsimile). the margin of the forewing; the ventral both species. surfaces are dusty gray-brown with a FOR FURTHER INFORMATION CONTACT: Peer review and public comment. We faint white spotband across the middle Peter Fasbender, Field Supervisor, Twin sought comments from independent of the wing (Royer and Marrone 1992a, Cities Field Office, 4101 American specialists to ensure that our p. 3). Adult Dakota skippers may be Boulevard East, Bloomington, designation is based on scientifically confused with the Ottoe skipper (H. Minnesota 55425; (612) 725–3548; (612) sound data, assumptions, and analyses. ottoe), which is somewhat larger with 725–3609 (facsimile). Persons who use a We invited these peer reviewers to slightly longer wings (Royer and telecommunications device for the deaf comment on our listing proposal. We Marrone 1992a, p. 3). Dakota skipper (TDD) may call the Federal Information also considered all other comments and pupae are reddish-brown, and the larvae Relay Service (FIRS) at 800–877–8339. information received during the are light brown with a black collar and SUPPLEMENTARY INFORMATION: comment period. dark brown head (McCabe 1981, p. 181). VerDate Sep<11>2014 17:13 Oct 23, 2014 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\24OCR2.SGM 24OCR2 asabaliauskas on DSK5VPTVN1PROD with RULES Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 63673 General Life History (Dana 1991, p. 16). They construct 2–3 pp. 4, 57). In addition to nutrition, the Dakota skippers are univoltine successively larger shelters as they grow nectar of flowering forbs provides water (having a single flight per year), with an (Dana 1991, p. 16). The larvae emerge for Dakota skipper, which is necessary adult flight period that may occur from from their shelters at night to forage to avoid desiccation during flight the middle of June through the end of (McCabe 1979, p. 6; McCabe 1981, p. activity (Dana 1991, p. 47; Dana 2013, July (McCabe 1979, p. 6; McCabe 1981, 181; Royer and Marrone 1992a, p. 25) pers. comm.). Some plant species listed p. 180; Dana 1991, p. 1; Royer and and appear to clip blades of grass and in some studies as nectar flowers are Marrone 1992a, p. 26; Skadsen 1997, p. bring them back to their shelters to likely used for perching and patrolling 3; Swengel and Swengel 1999, p. 282). consume (Dana 2012a, pers. comm.). rather than as nectar sources. Dakota skippers have six or seven The actual flight period varies larval stages (instars) (Dana 1991, pp. The flight of the adult female somewhat across the range of each 14–15) and overwinter (diapause) in typically extends beyond that of males species and can also vary significantly ground-level or subsurface shelters (Dana 2014, pers. comm.; Dana 1991, from year to year (e.g., Rigney 2013a, p. during either the fourth or fifth instar pp. 1,15; Rigney 2013a, p. 138); 138), depending on temperature (McCabe 1979, p. 6; McCabe 1981, pp. therefore the two sexes can visit the patterns (Bink and Bik 2009, Koda and 180, 189; Dana 1991, p. 15; Royer and same nectar plant species at different Nakamura 2012). Females emerge Marrone 1992a, pp. 25–26). In the rates (e.g., if the flowering period is slightly later than males (Dana 1991, p. spring, larvae resume feeding and more coincident with either the male or 15, Rigney 2013a, p. 138), and the undergo two additional molts before the female flight period). For example, observed sex ratio of Dakota skippers they pupate. During the last two instars, Dana (1991, p. 21) observed a greater was roughly equal during peak flight larvae shift from buried shelters to number of males than females visiting periods (Dana 1991, p. 15; Swengel and horizontal shelters at the soil surface purple locoweed—this plant is already Swengel 1999, pp. 274, 283). (Dana 1991, p. 16). The Dakota skipper flight period in a past its flowering peak at the beginning locality lasts 2 to 4 weeks, and mating Food and Water of the male flight and nearly finished flowering by the peak female flight occurs throughout this period (Braker Nectar and water sources for adult (Dana 2014, pers. comm.). 1985, p. 46; McCabe and Post 1977, pp. Dakota skippers vary regionally and 36–38; McCabe 1979, p.