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Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Casey’S June Beetle and Designation of Critical Habitat; Final Rule

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Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Casey’S June Beetle and Designation of Critical Habitat; Final Rule Vol. 76 Thursday, No. 184 September 22, 2011 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Casey’s June Beetle and Designation of Critical Habitat; Final Rule VerDate Mar<15>2010 16:48 Sep 21, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\22SER3.SGM 22SER3 jlentini on DSK4TPTVN1PROD with RULES3 58954 Federal Register / Vol. 76, No. 184 / Thursday, September 22, 2011 / Rules and Regulations DEPARTMENT OF THE INTERIOR family (Scarabaeidae) (Smith and Evans in the proposed rule) (Hawks pers. 2005). Despite past references to comm., 2010; see below discussion). Fish and Wildlife Service potentially new species or subspecies of Hawks (pers. comm. 2010, 2011a and Dinacoma (Blaisdell 1930, pp. 173–174; b) located two occupied Casey’s June 50 CFR Part 17 La Rue pers. comm., 2006), Casey’s June beetle sites outside of proposed critical habitat, in natural remnants of the Palm [Docket No. FWS–R8–ES–2009–0019; MO beetle, Dinacoma caseyi Blaisdell, and 92210–0–0009] D. marginata (Casey) Casey remain the Canyon Wash channel surrounded by only described taxonomic entities in the golf course landscaping just east of the RIN 1018–AV91 genus (Evans and Smith 2009, p. 44). easternmost section of wash proposed as critical habitat, in the vicinity of Golf Endangered and Threatened Wildlife For additional information on the taxonomy, biology, and ecology of Club Drive. These wash habitat and Plants; Determination of remnants total 17 acres (ac) (7 hectares Endangered Status for Casey’s June Casey’s June beetle, and the history of this rulemaking, refer to the August 8, (ha)), and are downstream from the Beetle and Designation of Critical confluence of Palm Canyon Wash and Habitat 2006, 90-day finding (71 FR 44960), the July 5, 2007, 12-month finding (72 FR Tahquiz Creek, where additional AGENCY: Fish and Wildlife Service, 36635), the July 9, 2009, proposed streamflow occurs following a storm Interior. listing and critical habitat rule (74 FR event. Although it is possible these ACTION: Final rule. 32857), and the March 31, 2010, habitat remnants could contribute to document making available the draft species recovery, their ability to support SUMMARY: We, the U.S. Fish and economic analysis (DEA) (75 FR 16046) occupancy long-term is questionable Wildlife Service (Service), determine published in the Federal Register. because these areas are subject to endangered status for Casey’s June These documents are available on the scouring flood events, which would beetle (Dinacoma caseyi) under the Internet at http://www.fws.gov/Carlsbad. remove available habitat and displace Endangered Species Act of 1973, as and most likely extirpate any amended (Act). We are also designating New Species Information individuals occupying the sites. In approximately 587 acres (237 hectares) In our proposed listing and critical addition, the frequency of scouring of land as critical habitat for the species habitat rule (74 FR 32857; July 9, 2009), flood events likely to extirpate resident in Riverside County, California. we requested comments on any new individuals is expected to increase with climate change (see E. Other Natural or DATES: This rule becomes effective on species information. One peer reviewer Manmade Factors Affecting the October 24, 2011. suggested we clarify the fact that female Continued Existence of the Species ADDRESSES: The final rule, final Casey’s June beetles are known to be section below). Therefore, at this time, economic analysis, and map of critical flightless, because our wording in one we have determined that these wash habitat are available on the Internet at sentence was not clear in that regard. habitat remnants do not meet the http://www.regulations.gov and http:// Information submitted by peer definition of critical habitat. However, www.fws.gov/carlsbad/. Comments and reviewers and an expert in scarab we will continue to gather information materials received, as well as supporting beetles (Hawks, University of California, regarding the potential for this wash documentation used in preparing this Riverside, pers. comm. 2010) also habitat area to contribute to species final rule, will be available for public disagreed with the appropriateness of recovery. inspection, by appointment, during primary constituent element (PCE) 2. Hawks’ comprehensive survey (pers. normal business hours, at the U.S. Fish We have made the appropriate changes comm. 2010) included potential Casey’s and Wildlife Service, Carlsbad Fish and to this final listing and critical habitat June beetle habitat remnants identified Wildlife Office, 6010 Hidden Valley rule. throughout the City of Palm Springs, Road, Suite 101, Carlsbad, CA 92011; New Species Occupancy and Habitat including many vacant lots within the telephone 760–431–9440; facsimile Information developed areas of the cities of Palm 760–431–5901. Springs and Cathedral City Hawks (pers. FOR FURTHER INFORMATION CONTACT: Jim Multiple commenters and one peer comm. 2010) documented numerous Bartel, Field Supervisor, U.S. Fish and reviewer further suggested that the female emergence holes and observed Wildlife Service, Carlsbad Fish and species may occupy areas outside many female beetles during his surveys, Wildlife Office, 6010 Hidden Valley proposed critical habitat. To determine confirming occupancy of Coachella fine Road, Suite 101, Carlsbad, CA 92011 if areas outside of the proposed critical sand series (CpA), and Myoma fine (telephone 760–431–9440; facsimile habitat designation harbor the Casey’s sands (MaB) soil types. Hawks (pers. 760–431–5901). If you use a June beetle, we funded a survey of likely comm. 2010) stated he never found telecommunications device for the deaf habitat within the species’ known emergence holes in the Carsitas cobbly (TDD), call the Federal Information historical range and beyond. While the sand series (ChC) soil type. However, he Relay Service (FIRS) at 800–877–8339. survey focused on areas north of Palm believes ChC soil may be occupied if it SUPPLEMENTARY INFORMATION: Springs (i.e., immediately south of the is an inclusion surrounded by Carsitas Chino Cone) and south to Palm Desert, gravelly sand series (CdC) soil, and if it Background we have yet to receive a final report is not part of the landscape defining the It is our intent to discuss in this final from the surveyor (i.e., David Hawks). edge of the floodplain, such as along rule only those topics directly relevant Nonetheless, preliminary survey South Palm Canyon Drive to the west. to the listing and designation of critical information received to date primarily Based on this information from Hawks habitat for Casey’s June beetle under the supports our determination of the (pers. comm. 2010) we determined that Act (16 U.S.C. 1531 et seq.). The genus species’ current range and population ChC soils not 100 percent surrounded Dinacoma and approximately 90 other distribution, and modification of PCEs by CdC and Riverwash (RA) soils do not genera constitute the New World to include disturbed soils and meet the definition of critical habitat members of the subfamily predominantly, but not exclusively, (see Summary of Changes From the Melolonthinae (i.e., May beetles, June native vegetation (i.e., not the two 2009 Proposed Critical Habitat Rule, beetles, and chafers) of the scarab beetle specific ‘‘intact’’ vegetation types listed Physical or Biological Features, and VerDate Mar<15>2010 16:48 Sep 21, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\22SER3.SGM 22SER3 jlentini on DSK4TPTVN1PROD with RULES3 Federal Register / Vol. 76, No. 184 / Thursday, September 22, 2011 / Rules and Regulations 58955 Criteria Used To Identify Critical Canyons Preserve. Although Cornet remnant of the Palm Canyon Wash Habitat sections below). (2010, p. 14) did not trap any male channel discussed above). As a result of Hawks’ (pers. comm. 2010) positive Casey’s June beetles or observe any this new information, we have made survey results generally supported our females, Hawks’ (pers. comm. 2011a) appropriate changes to this final rule. estimation of Casey’s June beetle observations do not support Cornett’s population distribution within proposed New Information on Casey’s June Beetle conclusion that uplands contiguous Diet and Movement critical habitat, with the exception of with the wash south of Acanto Drive are newly discovered occupied wash not occupied. Traps on the eastern edge We found one new study on the diet habitat remnants described above that of Cornett’s ‘‘Area 3’’ (Cornett 2010, p. of another endangered June beetle, and represent a slight northeastern 10), where he sampled in April, were some new information on June beetle distribution extension, and the lack of within approximately 660 ft (200 m) of movement distances. Hill and O’Malley occupancy in some southern areas that locations where Hawks reported Casey’s (2009, p. 1) found that the frass pellets were determined not to meet the June beetle occupancy in May. Cornett (pelletized fecal matter) of larvae of the definition of critical habitat and did not survey for females or emergence Mount Hermon June beetle (Polyphylla therefore were not designated (see holes in 2010. Conversely, the results of barbata) contained a variety of plant Summary of Changes From the 2009 Hawks’ (pers. comm. 2011b) and species and fungi material Proposed Critical Habitat Rule, Physical Cornett’s (2010, pp. 10 and 14) surveys demonstrating that they are not or Biological Features, and Criteria Used in western areas adjacent to South Palm specialist host plant feeders but are To Identify Critical Habitat sections Canyon Drive were all negative. microhabitat specialists. Hawks’ (pers. below). In a subsequent communication, Furthermore, Hawks (pers. comm. comm. 2010) observations at Smoke Hawks (pers. comm. 2011a) described 2011b) reported unsuitable habitat Tree Ranch indicate Casey’s June beetle his survey results from the southern conditions for this western area, similar may be similar when he stated that, ‘‘We population distribution area: ‘‘Adults of to those described by Hovore (1997a, p.
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