Federal Register / Vol. 71, No. 160 / Friday, August 18, 2006 / Proposed Rules 47765 DEPARTMENT OF THE INTERIOR files at the time we make the associated with the Algodones Dunes determination. To the maximum extent from the Center for Biological Diversity. Fish and Wildlife Service practicable, we are to make this finding The petitioners requested listing of 16 within 90 days of our receipt of the insect species they believe to be 50 CFR Part 17 petition, and publish our notice of the endemic to the Algodones Dunes. This finding promptly in the Federal same area is alternately referred to as Endangered and Threatened Wildlife Register. the Imperial Sand Dunes or the Glamis and Plants; 90-Day Finding on a In making this finding, we relied on Dunes, and other geographic names are Petition To List 16 Insect Species From information provided by the petitioners used to refer to portions of it. The the Algodones Sand Dunes, Imperial and otherwise available in our files at Algodones Dunes is a desert located in County, CA, as Threatened or the time of the petition review. We also eastern Imperial County in southern Endangered had access to California Department of California. It is the largest mass of sand dunes in California, covering more than AGENCY: Fish and Wildlife Service, Fish and Game’s California Natural 40 miles (mi) (64 kilometers (km)) long Interior. Diversity Database that we queried for all known records of each of the species and averaging 5 mi (8 km) wide (BLM ACTION: Notice of 90-day petition 2003, p. 5). Most of this area is public finding. that were identified in the petition for listing. We evaluated this information in land managed by the Bureau of Land Management (about 92 percent), and the SUMMARY: We, the U.S. Fish and accordance with our regulations at Title Wildlife Service (Service), announce a 50 of the Code of Federal Regulations rest is either private, U.S. Military, or 90-day finding on a petition to list 16 (CFR), § 424.14(b). The process of State of California land (BLM 2003, p. insect species from the Algodones Sand making a 90-day finding under section 20). Most of the Algodones Dunes is in California, but a small portion extends Dunes, Imperial County, California, as 4(b)(3)(A) of the Act and § 424.14(b) of southward into Mexico. threatened or endangered, under the our regulations is based on a determination of whether the The petitioners also requested Endangered Species Act of 1973, as designation of critical habitat for the 16 information in the petition meets the amended. We find that the petition does insect species concurrent with their ‘‘substantial scientific information’’ not present substantial scientific or listing. The petition clearly identified threshold. commercial information indicating that itself as a petition and included the listing these species may be warranted. Our standard for substantial scientific requisite identification information for Therefore, we are not initiating a status or commercial information within the the petitioners, as required in 50 CFR review in response to this petition. We CFR with regard to a 90-day petition 424.14(a). In an October 5, 2004, letter ask the public to submit to us any new finding is ‘‘that amount of information to the petitioners, we responded that we information that becomes available that would lead a reasonable person to reviewed the petition for the 16 insect concerning the status of these species or believe that the measure proposed in the species and determined that an threats to them or their habitat at any petition may be warranted’’ (50 CFR emergency listing was not warranted, time. 424.14(b)). If we find that the petition and that due to court orders and presents substantial scientific or DATES: The finding announced in this settlement agreements for other listing document was made on August 18, commercial information, we are actions that required nearly all of our 2006. required to promptly commence a status listing funds for fiscal year 2005, we review of the species. would not be able to otherwise address ADDRESSES: The complete file for this On July 19, 2004, we received a the petition to list the 16 insect species finding is available for public formal petition dated July 19, 2004, at that time. inspection, by appointment, during from the Center for Biological Diversity, On December 1, 2005, the Center for normal business hours at the Carlsbad Public Employees for Environmental Biological Diversity filed a Complaint Fish and Wildlife Office, U.S. Fish and Responsibility, and the Sierra Club (the for Declaratory and Injunctive Relief in Wildlife Service, 6010 Hidden Valley petitioners) to list two sand wasps United States District Court for the Road, Carlsbad, California 92011. (Microbembix elegans) and (Stictiella Southern District of California (Center Submit new information, materials, villegasi); two bees (Perdita algodones for Biological Diversity v. Norton et al., comments, or questions concerning and Perdita glamis); one vespid No. 05 CV 1988 BEN (BLM)) challenging these species to us at the address above. (Euparagia n. sp.); two velvet ants our failure to issue a 90-day finding on FOR FURTHER INFORMATION CONTACT: Jim (Dasymutilla nocturna and Dasymutilla the petition to list the 16 insect species. Bartel, Field Supervisor, Carlsbad Fish imperialis); Algodones sand jewel beetle On January 12, 2006, we reached an and Wildlife Office (see ADDRESSES); or (Lepismadora algodones); Algodones agreement with the plaintiffs to submit 760–431–9440 (voice) or 760–431–9624 white wax jewel beetle (Prasinalia to the Federal Register a completed 90- (fax). imperialis); Algodones croton jewel day finding by August 7, 2006, and if SUPPLEMENTARY INFORMATION: beetle (Agrilus harenus); Hardy’s dune substantial, to complete the 12-month beetle (Anomala hardyorum); a scarab finding by June 15, 2007. This notice Background beetle (Cyclocephala wandae); and four constitutes the 90-day finding for the Section 4(b)(3)(A) of the Endangered subspecies of Roth’s dune weevil July 19, 2004 petition. Species Act of 1973, as amended (Act) (Trigonoscuta rothi rothi, Trigonoscuta Regarding the petitioners’ request to (16 U.S.C. 1531 et seq.), requires that the rothi algodones, Trigonoscuta rothi list the vespid wasp (Euparagia n. sp.), Service make a finding on whether a imperialis, and Trigonoscuta rothi we note that this does not represent a petition to list, delist, or reclassify a punctata), hereafter referred to as the 16 listable taxonomic entity under our species presents substantial scientific or insect species, as threatened or regulations. The petitioners only commercial information indicating that endangered species in accordance with identified a genus, and to make a listing the petitioned action may be warranted. section 4 of the Act. On September 24, decision, a taxon must be described to This finding is based on information 2004, we received a letter and at least the species level. With regard to contained in the petition and additional supporting documentation the four petitioned subspecies of Roth’s information otherwise available in our for the petition to list 16 insect species dune weevil (Trigonoscuta rothi rothi, VerDate Aug<31>2005 18:38 Aug 17, 2006 Jkt 208001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\18AUP1.SGM 18AUP1 rwilkins on PROD1PC63 with PROPOSAL 47766 Federal Register / Vol. 71, No. 160 / Friday, August 18, 2006 / Proposed Rules Trigonoscuta rothi algodones, physical characteristics. Males and and compared them to specimens from Trigonoscuta rothi imperialis, and females are approximately 0.47 in (12 other California desert region Trigonoscuta rothi punctata), we did mm) long (Bohart 1982, p. 596). Dasymutilla species. Manley (1999, p. find a published manuscript naming Information on habitat use, abundance, 21) synonymized the species D. these subspecies (Pierce 1975, pp. 57, and population trends is not available. subhyalina and some specimens of D. 73, and 74). However, Anderson (2002, All known collections of the species are paranocturna with D. nocturna on the p. 777) states that most of the taxa in the from the Algodones Dunes system in basis that: (1) All are nocturnal; (2) all genus Trigonoscuta are of questionable Imperial County, California (Bohart share the same geographic range, the validity and need reassessment. Because 1982, p. 597). Colorado Desert; (3) numerous the petition did not provide any further Perdita algodones, a bee, was first individuals have been collected at the substantiating evidence related to the described by Timberlake (1980, p. 26) same place and time; and (4) males were taxonomy of these insects, we have and is in the family Andrenidae. The attracted to and tried to mate with caged determined that the petition does not species ranges in length from 0.17 to females. Specific information on habitat provide substantial scientific 0.18 in (4.3 to 4.5 mm) and in width use, abundance, and population trends information that the vespid wasp from 0.05 to 0.06 in (1.2 to 1.5 mm) is not available. (Euparagia n. sp.) and the four (Timberlake 1980, p. 26). This species Although most D. nocturna specimens subspecies of weevils (Trigonoscuta has a dark blue-green head and thorax, have been collected from the Algodones rothi rothi, Trigonoscuta rothi black abdomen, and ‘‘whitish’’ wings Dunes or nearby (Manley 1999, p. 20), algodones, Trigonoscuta rothi (Timberlake 1980, p. 26). Timberlake current available scientific information imperialis, and Trigonoscuta rothi (1980, p. 26) provides a detailed does not support the hypothesis that punctata) are scientifically accepted description of distinguishing physical this species is restricted to the taxons. Under the Act, we can only list characteristics of this species and states Algodones Dunes. Manley (1999, p. 18) recognized invertebrate species and that it was found in the vicinity of states that the specimen from which the subspecies.