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Revision of Critical Habitat for Salt Creek Tiger Beetle; Final Rule

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Revision of Critical Habitat for Salt Creek Tiger Beetle; Final Rule Vol. 79 Tuesday, No. 87 May 6, 2014 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Revision of Critical Habitat for Salt Creek Tiger Beetle; Final Rule VerDate Mar<15>2010 18:35 May 05, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\06MYR2.SGM 06MYR2 emcdonald on DSK67QTVN1PROD with RULES2 26014 Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Rules and Regulations DEPARTMENT OF THE INTERIOR CONTACT). Any additional tools or tiger beetle. The critical habitat areas we supporting information that we are designating in this rule constitute Fish and Wildlife Service developed for this critical habitat our current best assessment of the areas designation will also be available at the that meet the definition of critical 50 CFR Part 17 Fish and Wildlife Service Web site and habitat for the Salt Creek tiger beetle. In [Docket No. FWS–R6–ES–2013–0068; Field Office set out above, and may also total, we are designating 1,110 ac (449 4500030114] be included in the preamble and at ha) as critical habitat for the Salt Creek http://www.regulations.gov. tiger beetle in Lancaster and Saunders RIN 1018–AY56 FOR FURTHER INFORMATION CONTACT: Counties in Nebraska. This critical habitat designation includes saline Endangered and Threatened Wildlife Eliza Hines, Acting Field Supervisor, U.S. Fish and Wildlife Service, wetlands and streams associated with and Plants; Revision of Critical Habitat Little Salt Creek and encompasses all for Salt Creek Tiger Beetle Nebraska Ecological Services Field Office, 203 West Second Street, Federal three habitat areas occupied by the AGENCY: Fish and Wildlife Service, Building, Grand Island, NE 68801; subspecies at the time of listing. It also Interior. telephone 308–382–6468; facsimile includes saline wetlands and streams ACTION: Final rule. 308–384–8835. If you use a associated with Rock Creek and Oak telecommunications device for the deaf Creek that are currently unoccupied, but SUMMARY: We, the U.S. Fish and (TDD), call the Federal Information supported the subspecies less than 20 Wildlife Service (Service), revise the Relay Service (FIRS) at 800–877–8339. years ago. Our designation also includes critical habitat designation for the Salt segments of Haines Branch Creek SUPPLEMENTARY INFORMATION: Creek tiger beetle (Cicindela nevadica because this area has the potential to lincolniana) under the Endangered Executive Summary provide suitable habitat for the Salt Creek tiger beetle and its inclusion will Species Act of 1973, as amended (Act). Why we need to publish a rule. This reduce the risk of the subspecies’ In total, approximately 1,110 acres (ac) document is a final rule to designate extinction by providing redundancy in (449 hectares (ha)) in Lancaster and revised critical habitat for the available habitat throughout multiple Saunders Counties, Nebraska, fall endangered Salt Creek tiger beetle. This creeks. Due to the presence of suitable within the boundaries of our revised final rule fulfills the terms of a habitat, we believe that the Salt Creek critical habitat designation. Publication settlement agreement reached on June 7, tiger beetle occurred in Haines Branch of this final rule fulfills our obligations 2011 (see Previous Federal Actions). Creek historically; however, they have under a settlement agreement. The effect Under the Endangered Species Act not been documented in this location of this regulation is to conserve the Salt (Act), any species that is determined to Creek tiger beetle and its habitat under due to minimal survey effort relative to be endangered or threatened requires the annual surveys done at Little Salt, the Act. critical habitat to be designated, to the DATES: This rule is effective on June 5, Rock, and Oak Creeks. maximum extent prudent and Peer review and public comment. We 2014. determinable. Designations and sought comments from appropriate and ADDRESSES: This final rule is available revisions of critical habitat can only be independent specialists to ensure that on the Internet at http:// completed by issuing a rule. our designation is based on www.regulations.gov, at http:// The basis for our action. We listed the scientifically sound data and analyses. www.fws.gov/mountain-prairie/species/ Salt Creek tiger beetle as an endangered We obtained opinions from four invertebrates/saltcreektiger/, and at the species on October 6, 2005 (70 FR knowledgeable individuals with Nebraska Ecological Services Field 58335), and we designated critical scientific expertise to review our Office. Comments and materials we habitat for the subspecies on April 6, technical assumptions and analysis, and received, as well as supporting 2010 (75 FR 17466). On June 4, 2013, we whether or not we had used the best documentation we used in preparing published in the Federal Register a available information. These peer this rule, are available for public proposed revision to the critical habitat reviewers supported the redundancy of inspection at http:// designation for the Salt Creek tiger habitat proposed for designation, but www.regulations.gov. All of the beetle (78 FR 33282). Section 4(b)(2) of were concerned about the viability of comments, materials, and the Act states that the Secretary shall existing Salt Creek tiger beetle documentation that we considered in designate and make revisions to critical populations, small size of units this rulemaking are available by habitat on the basis of the best available proposed for designation, and potential appointment, during normal business scientific data after taking into for the subspecies’ recovery. Peer hours at: U.S. Fish and Wildlife Service, consideration the economic impact, reviewers also provided additional Nebraska Ecological Services Field national security impact, and any other information, clarifications, and Office, 203 West Second Street, Federal relevant impact of specifying any suggestions to improve this final rule. Building, Grand Island, NE 68801; particular area as critical habitat. The Information we received from peer telephone 308–382–6468; facsimile Secretary may exclude an area from review is incorporated in this final 308–384–8835. critical habitat if she determines that the revised designation. We also considered The coordinates or plot points or both benefits of such exclusion outweigh the all comments and information we from which the maps are generated are benefits of specifying such area as part received from the public during both included in the administrative record of the critical habitat, unless she comment periods. for this critical habitat designation and determines, based on the best scientific We prepared an economic analysis of are available at http:// data available, that the failure to the designation of critical habitat. In www.regulations.gov at Docket No. designate such area as critical habitat order to consider economic impacts, we FWS–R6–ES–2013–0068, at http:// will result in the extinction of the prepared an analysis of the economic www.fws.gov/mountain-prairie/species/ species. No areas have been excluded impacts of the critical habitat invertebrates/saltcreektiger/, and at the from the critical habitat designation. designation for the Salt Creek tiger Nebraska Ecological Services Field This final rule will designate critical beetle and related factors. We Office (see FOR FURTHER INFORMATION habitat for the endangered Salt Creek announced the availability of the draft VerDate Mar<15>2010 18:35 May 05, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\06MYR2.SGM 06MYR2 emcdonald on DSK67QTVN1PROD with RULES2 Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Rules and Regulations 26015 economic analysis (DEA) in the Federal to list the subspecies as endangered The presence of Salt Creek tiger beetles; Register on March 13, 2014 (79 FR published on October 6, 2005 (70 FR (2) the presence of one or more rare or 14206), allowing the public to provide 58335). restricted halophytes (salt-tolerant comments on our analysis. We have plants); (3) historical significance as Taxonomy and Subspecies Description incorporated the comments and have identified by the Nebraska State completed the final economic analysis The Salt Creek tiger beetle (Cicindela Historical Society; (4) the presence of concurrently with this final nevadica lincolniana) is a subspecies in plants characteristic of saline wetlands determination. the class Insecta, order Coleoptera, and and not highly degraded, or the family Carabidae (Integrated Taxonomic Previous Federal Actions potential for saline wetland Information System 2012, p. 1). At least characteristics after enhancement or The final rule to list the Salt Creek 85 species of tiger beetles and more than restoration; and (5) high potential for tiger beetle as endangered was 200 subspecies exist in the United restoration of the historical salt source. published on October 6, 2005 (70 FR States; 26 species and 6 subspecies are Other categories of wetlands described 58335). At that time, we stated that known from Nebraska (Carter 1989, p. in the inventory, including Categories 2, critical habitat was prudent and 8). Tiger beetles are fast-moving, 3, and 4, were thought to provide determinable; however, we did not predaceous insects (Carter 1989, p. 9). limited or no saline wetland functions. designate critical habitat because we The Salt Creek tiger beetle’s average At that time, it was thought that these were in the process of identifying the length is
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