Vol. 78 Thursday, No. 206 October 24, 2013

Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Threatened Status for Dakota Skipper and Endangered Status for Poweshiek Skipperling; Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Dakota Skipper and Poweshiek Skipperling; Proposed Rules

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63574 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

DEPARTMENT OF THE INTERIOR (4) Holly, Michigan, on November 13, throughout all or a significant portion of 2013, at the Rose Pioneer Elementary its range. Fish and Wildlife Service School, 7110 Milford Road; and This rule consists of: (5) Berlin, Wisconsin, on November • A proposed rule to list the 50 CFR Part 17 14, 2013, at the Berlin Public Library, Poweshiek skipperling as an endangered 121 West Park Avenue. species; [FWS–R3–ES–2013–0043; 4500030113] Except for the meeting in Berlin, • A proposed rule to list the Dakota Wisconsin, each informational meeting skipper as threatened species; and • RIN 1018–AY01 will be from 5:30 p.m. to 8:00 p.m.; the A proposed special rule under meeting in Berlin, Wisconsin will be section 4(d) of the Act that outlines the Endangered and Threatened Wildlife from 4:30 p.m. to 7:00 p.m. prohibitions necessary and advisable for and Plants; Threatened Status for ADDRESSES: You may submit comments the conservation of the Dakota skipper. Dakota Skipper and Endangered Elsewhere in today’s Federal Register, Status for Poweshiek Skipperling by one of the following methods: (1) Electronically: Go to the Federal we propose to designate critical habitat for the Dakota skipper and Poweshiek AGENCY: Fish and Wildlife Service, eRulemaking Portal: http:// skipperling under the Act. Interior. www.regulations.gov. In the Search box, The basis for our action. Under the enter FWS–R3–ES–2013–0043, which is ACTION: Proposed rule. Act, we can determine that a species is the docket number for this rulemaking. an endangered or threatened species SUMMARY: We, the U.S. Fish and Then, in the Search panel on the left based on any of five factors: (A) The Wildlife Service, propose to list the side of the screen, under the Document present or threatened destruction, Dakota skipper as a threatened species Type heading, click on the Proposed modification, or curtailment of its and the Poweshiek skipperling as an Rules link to locate this document. You habitat or range; (B) overutilization for endangered species under the may submit a comment by clicking on commercial, recreational, scientific, or Endangered Species Act of 1973, as ‘‘Comment Now!’’ educational purposes; (C) disease or amended. If we finalize this rule as (2) By hard copy: Submit by U.S. mail predation; (D) the inadequacy of proposed, it would extend the Act’s or hand-delivery to: Public Comments existing regulatory mechanisms; or (E) protections to the Dakota skipper and Processing, Attn: FWS–R3–ES–2013– other natural or manmade factors the Poweshiek skipperling. The effect of 0043; Division of Policy and Directives affecting its continued existence. this regulation is to add the Dakota Management; U.S. Fish and Wildlife Furthermore, whenever a species is skipper and the Poweshiek skipperling Service; 4401 N. Fairfax Drive, MS listed as a threatened species, we may to the List of Endangered and 2042–PDM; Arlington, VA 22203. issue regulations that are necessary and Threatened Wildlife. We also propose a We request that you send comments advisable for the conservation of that special rule under section 4(d) of the only by the methods described above. species under section 4(d) of the Act. Act that outlines the prohibitions We will post all comments on http:// We have determined the threats to necessary and advisable for the www.regulations.gov. This generally both species include: conservation of the Dakota skipper, if it means that we will post any personal • Habitat loss and degradation of is listed as a threatened species. information you provide us (see the native prairies and prairie fens, DATES: Written Comments: We will Public Comments section below for resulting from conversion to agriculture accept comments received or more information). or other development; ecological postmarked on or before December 23, FOR FURTHER INFORMATION CONTACT: Pete succession and encroachment of 2013. Comments submitted Fasbender, Field Supervisor, U.S. Fish invasive species and woody vegetation electronically using the Federal and Wildlife Service, Twin Cities primarily due to lack of management; eRulemaking Portal (see ADDRESSES Ecological Services Office, 4101 past and present fire, haying, or grazing section, below) must be received by American Boulevard East, Bloomington, management that degrades or eliminates 11:59 p.m. Eastern Time on the closing Minnesota, 55425, by telephone (612) native prairie grasses and flowering date. We must receive requests for 725–3548 or by facsimile (612) 725– forbs; flooding; and groundwater public hearings, in writing, at the 3609. Persons who use a depletion, alteration, and address shown in the ADDRESSES section telecommunications device for the deaf contamination. by December 9, 2013. (TDD) may call the Federal Information • Other natural or manmade factors, Public Informational Meetings: To Relay Service (FIRS) at 800–877–8339. including loss of genetic diversity, small better inform the public of the SUPPLEMENTARY INFORMATION: size and isolation of sites, implications of the proposed listing and indiscriminate use of herbicides such Executive Summary to answer any questions regarding this that it reduces or eliminates nectar proposed rule, we plan to hold five Why we need to publish a rule. Under sources, climate conditions such as public informational meetings. We have the Endangered Species Act (Act), if a drought, and other unknown stressors. scheduled informational meetings species is determined to be an • Existing regulatory mechanisms are regarding the proposed rule in the endangered or threatened species inadequate to mitigate these threats to following locations: throughout all or a significant portion of both species. (1) Minot, North Dakota, on November its range, we are required to promptly We will seek peer review. We are 5, 2013, at the Souris Valley Suites, 800 publish a proposal in the Federal seeking comments from knowledgeable 37th Avenue SW; Register and make a determination on individuals with scientific expertise to (2) Milbank, South Dakota, on our proposal within one year. Listing a review our analysis of the best available November 6, 2013, at the Milbank species as an endangered or threatened science and application of that science Chamber of Commerce, 1001 East 4th species can only be completed by and to provide any additional scientific Avenue; issuing a rule. A species may warrant information to improve this proposed (3) Milford, Iowa, on November 7, protection through listing under the Act rule. Because we will consider all 2013, at the Iowa Lakeside Laboratory, if it meets the definition of an comments and information received 1838 Highway 86; endangered or threatened species during the comment period, our final

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63575

determinations may differ from this (8) Suitability of the proposed 4(d) used in preparing this proposed rule, proposal. rule for the conservation, recovery, and will be available for public inspection management of the Dakota skipper. on http://www.regulations.gov, or by Information Requested (9) Whether it would be appropriate appointment, during normal business We intend that any final action to allow routine livestock grazing hours, at the U.S. Fish and Wildlife resulting from this proposed rule will be activities on lands inhabited by Dakota Service, Twin Cities Ecological Services based on the best scientific and skipper in any additional counties. The Office (see FOR FURTHER INFORMATION commercial data available and be as proposed 4(d) rule would allow routine CONTACT). accurate and as effective as possible. livestock grazing activities on lands Therefore, we request comments or inhabited by the Dakota skipper in Previous Federal Actions information from other concerned counties where the species does not The U.S. Fish and Wildlife Service government agencies, the scientific primarily occur in relatively flat and (Service) initiated proceedings to list the community, industry, or any other moist (wet-mesic or mesic) prairie Dakota skipper as a threatened species interested party concerning this habitats. Wet-mesic or mesic habitats in in 1978 (43 FR 28938), but withdrew the proposed rule. We particularly seek which the Dakota skipper occurs are proposed rulemaking after Congress comments concerning: typically hayed after July 15 and not amended the Endangered Species Act in (1) The species’ biology, range, and grazed. We are seeking comments on 1979 (45 FR 58171). The Dakota skipper population trends, including: whether or not grazing may be was designated a category 2 candidate (a) Habitat requirements for feeding, implemented in these habitats in a species in the May 22, 1984, Notice of breeding, and sheltering; manner that would allow for the Review (49 FR 21664) and remained a (b) Genetics and taxonomy; persistence of the Dakota skipper. category 2 species (January 6, 1989, 54 (c) Historical and current range (10) Any information on Tribal FR 572; November 21, 1991, 56 FR including distribution patterns; regulations or Tribal conservation 58830; and November 15, 1994, 59 FR (d) Historical and current population efforts that may affect either the Dakota 59020). A category 2 candidate was levels, and current and projected trends; skipper or Poweshiek skipperling and defined as a species for which and their habitat. information in the Service’s possession (e) Past and ongoing conservation Please include sufficient information indicates that listing was possibly measures for the species, its habitat, or with your submission (such as scientific appropriate, but for which sufficient both. journal articles or other publications) to information on biological vulnerability (2) The factors that are the basis for allow us to verify any scientific or and threats was not currently available making a listing determination for a commercial information you include. to support a proposal for listing under species under section 4(a) of the Act (16 Please note that submissions merely the Act. U.S.C. 1531 et seq.), which are: stating support for or opposition to the On January 21, 1994, the Service (a) The present or threatened action under consideration without received a petition from the Biodiversity destruction, modification, or providing supporting information, Legal Foundation to list the Dakota curtailment of its habitat or range; although noted, will not be considered skipper as an endangered or threatened (b) Overutilization for commercial, in making a determination, as section species and to designate critical habitat. recreational, scientific, or educational 4(b)(1)(A) of the Act directs that We made a 90-day finding that the purposes; determinations as to whether any petition presented substantial (c) Disease or predation; species is a threatened or endangered information to indicate that the (d) The inadequacy of existing species must be made ‘‘solely on the requested action may be warranted; the regulatory mechanisms; or basis of the best scientific and finding was published in the Federal (e) Other natural or manmade factors commercial data available.’’ Register on July 28, 1994 (59 FR 38424). affecting its continued existence. You may submit your comments and On February 27, 1995, we announced a (3) Biological, commercial trade, or materials concerning this proposed rule 12-month finding in which we other relevant data concerning any by one of the methods listed in the determined that the species should threats (or lack thereof) to these species ADDRESSES section. We request that you remain as a category 2 candidate, that and existing regulations that may be send comments only by the methods timely appropriate prairie management addressing those threats; described in the ADDRESSES section. and protection may eliminate the need (4) Additional information concerning If you submit information via http:// to list the species, and that researchers the historical and current status, range, www.regulations.gov, your entire indicated that more surveys, distribution, and population size of submission—including any personal particularly in Minnesota, Iowa, and these species, including the locations of identifying information—will be posted North Dakota, were needed (60 FR any additional populations; on the Web site. If your submission is 10535). (5) Any information on the biological made via a hardcopy that includes In a December 5, 1996 (61 FR 64481) or ecological requirements of these personal identifying information, you decision, the Service discontinued the species and ongoing conservation may request at the top of your document practice of maintaining a list of species measures for these species and their that we withhold this information from regarded as ‘‘category-2 candidates.’’ habitat; public review. However, we cannot Instead, the Service would keep a single (6) Specific information on the guarantee that we will be able to do so. list of candidate species—species for amount and distribution of the Dakota We will post all hardcopy submissions which the Service has on file sufficient skipper and Poweshiek skipperling and on http://www.regulations.gov. Please information to support issuance of a their habitat; and include sufficient information with your proposed listing rule. (7) Our approach to determining the comments (such as scientific journal In 2002, the Service reviewed the status of each species at each site, and articles or other publications) to allow status of the Dakota skipper and our definitions of ‘‘present,’’ us to verify any scientific or commercial determined that it met the definition of ‘‘unknown,’’ ‘‘possibly extirpated,’’ and information you include. a candidate species. The Dakota skipper ‘‘extirpated’’ as described under Species Comments and materials we receive, was assigned a listing priority number Status, below. as well as supporting documentation we of 11 on June 13, 2002 (67 FR 40657).

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63576 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

The Dakota skipper remained a the accepted common name for H. Dakota skippers lay eggs on broadleaf candidate species with a listing priority dacotae. plants (McCabe 1981, p. 180) and number of 11 in subsequent notices, The Dakota skipper is a small to grasses (Dana 1991, p. 17), although including May 4, 2004 (69 FR 24876), medium-sized butterfly with a wingspan larvae feed only on grasses. Potential May 11, 2005 (70 FR 24870), and of 2.4–3.2 centimeters (cm) (0.9–1.3 lifetime fecundity is between 180 and September 12, 2006 (71 FR 53756). The inches (in)) and hooked antennae (Royer 250 eggs per female Dakota skipper; Service changed the listing priority from and Marrone 1992a, p. 3). Like other realized fecundity depends upon 11 to 8 on December 6, 2007 (72 FR Hesperiidae species, Dakota skippers longevity (Dana 1991, p. 26). Female 69034), and the Dakota skipper have a faster and more powerful flight Dakota skippers lay eggs daily in remained a candidate species with a than most butterflies because of a thick, diminishing numbers as they age (Dana listing priority number of 8 in well-muscled thorax (Scott 1986, p. 1991, pp. 25–26). Dana (1991, p. 32) subsequent notices, including December 415). estimated the potential adult life span of 10, 2008 (73 FR 75176), November 9, Adult Dakota skippers have variable Dakota skipper to be 3 weeks and the 2009 (74 FR 57804), November 10, 2010 markings. The dorsal surface of adult average life span (or residence on site (75 FR 69222), and October 26, 2011 (76 male wings ranges in color from tawny- before death or emigration) to be 3 to 10 FR 66370). orange to brown and has a prominent days on one Minnesota prairie. Dakota skippers overwinter as larvae On May 12, 2003, the Service received mark on the forewing; the ventral and complete one generation per year. a petition from the Biodiversity surface is dusty yellow-orange (Royer Dakota skipper eggs hatch after Conservation Alliance and five others to and Marrone 1992a, p. 3). The dorsal incubating for 7–20 days; therefore, list the Dakota skipper as endangered or surface of adult females is darker brown hatching is likely completed before the threatened and to designate critical with diffused tawny orange spots and a end of July. After hatching, Dakota habitat. The Service agreed with the few diffused white spots restricted to skipper larvae crawl to the bases of grass petitioners, by virtue of having made it the margin of the forewing; the ventral plants where they form shelters at or a candidate in 2002, that the Dakota surfaces are dusty gray-brown with a below the ground surface with silk, faint white spotband across the middle skipper warranted listing as threatened fastened together with plant tissue of the wing (Royer and Marrone 1992a, or endangered under the Act. The (Dana 1991, p. 16). They construct 2–3 p. 3). Adult Dakota skippers may be petition did not contain evidence successively larger shelters as they grow confused with the Ottoe skipper (H. supporting emergency listing or (Dana 1991, p. 16). The larvae emerge ottoe), which is somewhat larger with changing the listing priority number; from their shelters at night to forage slightly longer wings (Royer and therefore, the Service took no further (McCabe 1979, p. 6; McCabe 1981, p. Marrone 1992a, p. 3). Dakota skipper action on the petition. 181; Royer and Marrone 1992a, p. 25) On July 12, 2011, the Service filed a pupae are reddish-brown, and the larvae and appear to clip blades of grass and proposed settlement agreement with the are light brown with a black collar and bring them back to their shelters to Center for Biological Diversity in a dark brown head (McCabe 1981, p. 181). consume (Dana 2012a, pers. comm.). consolidated case in the U.S. District General Life History Dakota skippers have six or seven Court for the District of Columbia. The larval stages (instars) (Dana 1991, pp. settlement agreement was approved by Dakota skippers are univoltine 14–15) and overwinter (diapause) in the court on September 9, 2011. As part (having a single flight per year), with an ground-level or subsurface shelters of this settlement agreement, the Service adult flight period that may occur from during either the fourth or fifth instar agreed to complete a proposed listing the middle of June through the end of (McCabe 1979, p. 6; McCabe 1981, pp. rule or not warranted finding for the July (McCabe 1979, p. 6; McCabe 1981, 180, 189; Dana 1991, p. 15; Royer and Dakota skipper by September 30, 2013. p. 180; Dana 1991, p. 1; Royer and Marrone 1992a, pp. 25–26). In the Marrone 1992a, p. 26; Skadsen 1997, p. The Service identified the Poweshiek spring, larvae resume feeding and 3; Swengel and Swengel 1999, p. 282). undergo two additional molts before skipperling (Oarisma poweshiek) as a The actual flight period varies candidate species, with a listing priority they pupate. During the last two instars, somewhat across the range of each larvae shift from buried shelters to number of 2, in a notice of review species and can also vary significantly published in the Federal Register on horizontal shelters at the soil surface from year-to-year, depending on (Dana 1991, p. 16). October 26, 2011 (76 FR 66370). weather patterns. Females emerge Status Assessments for Dakota Skipper slightly later than males (Dana 1991, p. Food and Water and Poweshiek Skipperling 1), and the observed sex ratio of Dakota Nectar and water sources for adult skippers was roughly equal during peak Dakota skippers vary regionally and Background flight periods (Dana 1991, p. 15; include purple coneflower (Echinacea Dakota Skipper Swengel and Swengel 1999, pp. 274, angustifolia), bluebell bellflower 283). Species Description (Campanula rotundifolia), white prairie The Dakota skipper flight period in a clover (Dalea candida), upright prairie The Dakota skipper (Hesperia locality lasts two to four weeks, and coneflower (Ratibida columnifera), dacotae) is a member of the skipper mating occurs throughout this period fleabanes (Erigeron spp.), blanketflowers family Hesperiidae and was first (Braker 1985, p. 46; McCabe and Post (Gaillardia spp.), black-eyed Susan described in 1911 from collections taken 1977a, p. 38; McCabe and Post 1977b, p. (Rudbeckia hirta), groundplum at Volga, South Dakota, and Grinnell, 36; McCabe 1979, p. 6; McCabe 1981, p. milkvetch (Astragalus crassicarpus), Iowa (Skinner 1911 in Royer and 180; Dana 1991, p. 15; Swengel and and yellow sundrops (Calylophus Marrone 1992a, p. 1). The family Swengel 1999, p. 282). Adult male serrulatus) (McCabe and Post 1977b, p. Hesperiidae includes 3 other Dakota skippers exhibit perching 36; Royer and Marrone 1992a, p. 21). subfamilies, and the genus Hesperia behavior (perch on tall plants to search Plant species likely vary in their value contains 18 species (Miller and Brown for females), but occasionally appear to as nectar sources due to the amount of 1981, p. 31; Ferris 1989 in Royer and patrol in search of mating opportunities nectar available during the adult flight Marrone 1992a, p. 1). Dakota skipper is (Royer and Marrone 1992a, p. 25). period (Dana 1991, p. 48). Swengel and

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63577

Swengel (1999, pp. 280–281) observed crossed less than 200 m (656 ft) of goldenrod (Solidago canadensis), strict nectaring at 25 plant species, but 85 unsuitable habitat between two prairie blue-eyed grass (Sisyrinchium percent of the nectaring was at the patches and moved along ridges more montanum), common goldstar (Hypoxis following three plants, in declining frequently than across valleys (Dana hirsuta), and black-eyed Susan (Lenz order of frequency: Purple coneflower, 1991, pp. 38–40). Dana (1997, p. 5) later 1999a, p. 6). Type A habitats also blanketflower, and groundplum observed reduced movement rates contain small patches of dry-mesic milkvetch. Dana (1991, p. 21) reported across a small valley with roads and prairie inhabited by Dakota skippers. the use of 25 nectar species in crop fields compared with movements Common forb species in these dry-mesic Minnesota with purple coneflower most in adjacent widespread prairie habitat. areas include stiff sunflower frequented; McCabe (1979, p. 42, Skadsen (1999, p. 2) reported possible (Helianthus pauciflorus Nutt. ssp. McCabe 1981, p. 187) observed Dakota movement of Dakota skippers in 1998 pauciflorus), and candle anenome skippers using eight nectar plants. In from a known population at least 800 m (Anemone cylindrica), although purple addition to nutrition, the nectar of (2625 ft) away to a site with an coneflower was rare in these habitats flowering forbs provides water for unusually heavy growth of purple (Lenz 1999a, pp. 6–11). Dakota skipper Dakota skipper, which is necessary to coneflower; he had not found Dakota inhabits Type A habitat in north-central avoid desiccation during flight activity skippers in three previous years when North Dakota, southeast North Dakota, (Dana 1991, p. 47; Dana 2013, pers. coneflower production was sparse. The and Manitoba. comm.). two sites were connected by native The second Dakota skipper habitat Dakota skipper larvae feed only on vegetation of varying quality, type, referred to as ‘‘Type B’’ by Royer several native grass species; little interspersed by a few asphalt and gravel et al. (2008, p. 14), occurs on rolling bluestem (Schizachyrium scoparium) is roads (Skadsen 2001, pers. comm.). terrain over gravelly glacial moraine a frequent food source of the larvae In summary, dispersal of Dakota deposits and is dominated by bluestems (Dana 1991, p. 17; Royer and Marrone skipper is very limited due in part to its and needle grasses (Heterostipa spp.). 1992a, p. 25), although they have been short adult life span and single annual As with Type A habitat, bluebell found on Panicum spp., Poa spp., and flight. Therefore, the species’ extirpation bellflower and wood lily are also other native grasses (Royer and Marrone from a site is likely permanent unless it present in Type B habitats, but Type B 1992a, p. 25). Seasonal senescence is within about 1 km (0.6 mi) of a site habitats also support more extensive patterns of grasses relative to the larval that generates a sufficient number of stands of purple coneflower, upright period of Dakota skippers are likely emigrants or is artificially reintroduced prairie coneflower, and common important in determining the suitability to a site; however, the capability to gaillardia (Gaillardia aristata) (Royer of grass species as larval host plants. propagate the Dakota skipper is and Marrone 1992a, p. 22). Both Type Large leaf blades, leaf hairs, and the currently lacking. A and Type B prairies may contain distance from larval ground shelters to slightly depressional (low topographical Habitat palatable leaf parts preclude the value of areas that allow for the collection of big bluestem and Indian grass as larval Dakota skippers are obligate residents surface water) wetlands with extensive food plants (Dana 1991, p. 46). of undisturbed (remnant, untilled) high- flat areas and slightly convex quality prairie, ranging from wet-mesic hummocks, which are dryer than the Dispersal tallgrass prairie to dry-mesic mixed- wet areas (Lenz 1999b, pp. 4, 8). Dakota skipper are not known to grass prairie (Royer and Marrone 1992a, In northeastern South Dakota, Dakota disperse widely; the species was pp. 8, 21). High-quality prairie contains skippers inhabit primarily Type B evaluated among 291 butterfly species a high diversity of native plant species, habitats with abundant purple in Canada as having relatively low including flowering herbaceous plants coneflower, but they also occur in mobility. Experts estimated Dakota (forbs). Royer and Marrone (1992a, p. nearby Type A habitats in some areas skipper to have a mean mobility of 3.5 21) categorized Dakota skipper habitat (Skadsen 1997, p. 4). All Type A (standard deviation = 0.7) on a scale of into two main types that were once habitats occupied by Dakota skipper in 0 (sedentary) to 10 (highly mobile) intermixed on a landscape scale, but are South Dakota are near hill prairie (Type (Burke et al. 2011, p. 2279; Fitzsimmons now mostly segregated. The first, B) habitats that are managed with fall 2012, pers. comm.). Dakota skippers referred to as ‘‘Type A’’ by Royer et al. haying (Skadsen 2006b, p. 2). may be incapable of moving greater than (2008, pp. 14–16), is low wet-mesic Little bluestem and porcupine grass 1 kilometer (km) (0.6 miles (mi)) prairie that occurs on near-shore glacial are the predominant grass species in between patches of prairie habitat lake deposits. Type A Dakota skipper Dakota skipper habitat in South Dakota separated by structurally similar habitat is dominated by bluestem (Skadsen 2006b, p. 2). Dry-mesic habitats (e.g., crop fields, grass- grasses, with three other plant species prairies suitable for Dakota skippers in dominated fields or pasture, but not almost always present and blooming South Dakota typically include little necessarily native prairie) (Cochrane during Dakota skipper’s flight period: bluestem, side oats grama, porcupine and Delphey 2002, p. 6). Royer and Wood lily (Lilium philadelphicum), grass, needle-and-thread grass (H. Marrone (1992a, p. 25) concluded that bluebell bellflower, and mountain comata), and prairie dropseed, and a Dakota skippers are not inclined to deathcamas (smooth camas; Zigadenus high diversity and abundance of forbs, disperse, although they did not describe elegans) (McCabe 1981, p. 190). This including purple coneflower, purple individual ranges or dispersal distances. habitat type has a high water table and prairie clover (Dalea purpurea), white McCabe (1979, p. 9; 1981, p. 186) found is subject to intermittent flooding in the prairie clover, yellow sundrops, prairie that concentrated activity areas for spring, but provides ‘‘sufficient relief to groundsel (Packera plattensis), Dakota skippers shift annually in provide segments of non-inundated groundplum milkvetch, eastern response to local nectar sources and habitat during the spring larval growth pasqueflower (Pulsatilla patens), old disturbance. period within any single season’’ (Royer man’s whiskers (prairie smoke, Geum In a mark-recapture study, average et al. 2008, p. 15). Common forbs in triflorum), western silver aster adult movements of Dakota skipper bloom during the late season in Type A (Symphyotrichum sericeum), dotted were less than 300 meters (m) (984 feet habitat include Rocky Mountain blazing blazing star (Liatris punctata), tall (ft)) over 3–7 days; marked adults star (Liatris ligulistylis), Canada blazing star (L. asper), meadow zizia

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63578 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

(Zizia aptera), blanket flower (Gaillardia dispersed (Swengel 1994, p. 6), although surface) within ‘‘larval nesting zones’’ sp.), prairie sagewort (Artemisia frigida), invasion by smooth brome grass (between the soil surface and 2 cm and leadplant (Amorpha canescens) (Bromus inermis) and other invasive deep) throughout the range of Dakota (Skadsen 2006b, pp. 1–2). Purple species may displace or extirpate native skippers, and found an acceptable coneflower occurs at all sites where the larval food plants (Culliney 2005, p. rangewide seasonal (summer) mean Dakota skipper has been recorded in 134, Bahm et al. 2011, p. 240, LaBar and temperature range of 18 to 21°C (64 to South Dakota, although it is absent at Schultz 2012, p. 177). 70 °F), rangewide seasonal mean dew some sites where Dakota skipper is Two key factors, soils unsuitable for point ranging from 14 to 17 °C (57 to 63 abundant in other states (Skadsen agriculture and steep topography, have °F), and rangewide seasonal mean 2006b, p. 2). allowed remnant native prairie habitats relative humidity between 73 and 85 In Minnesota, Dakota skippers inhabit inhabited by Dakota skippers to persist percent. Type B habitats. Dana (1997, p. 8) (Royer and Marrone 1992a, p. 22). described typical habitat in Minnesota McCabe (1979, pp. 17–18; 1981, p. 192) Species Occupancy as dry-mesic prairie dominated by mid- and Royer et al. (2008, p. 16) have We generally consider the Dakota height grasses with an abundance of linked the historical distribution of skipper or Poweshiek skipperling to be nectar sources including purple Dakota skippers to surface geological ‘‘present’’ at sites where the species was coneflower and prairie milkvetch features and soils that are glacial in detected during the most recent survey, (Astragalus laxmannii Jacq. var. origin and, possibly, regional if the survey was conducted in 2002 or robustior). Southern dry prairies in precipitation-evaporation ratios (ratio of more recently and there is no evidence Minnesota are described as having evaporation occurring naturally in one to suggest the species is now extirpated sparse shrub cover (less than 5 percent) location over a given area compared to from the site, (e.g., no destruction or composed primarily of leadplant, with the amount of precipitation, such as rain obvious and significant degradation of prairie rose (Rosa arkansana), and snow, falling over the same area). the species’ habitat), with the exception wormwood sage, or smooth sumac Soil types typical of Dakota skipper sites of the following five sites. We consider (Rhus glabra) present and few, if any, were described as sandy loams, loamy the species to be present at one trees (Minnesota DNR 2012a). Dana sand, or loams (Lord 1988 in Royer et Poweshiek skipperling site in Michigan (1991, p. 21) never encountered Dakota al. 2008, pp. 3, 10). Additional edaphic where the species was observed at the skippers in wet or wet-mesic prairies in (soil) features, such as soil moisture, site in 1996 and no further surveys have Minnesota, despite abundance of compaction, surface temperature, pH, been conducted. This site, however, still suitable plants and the frequent use of and humidity, may be contributing has suitable habitat for the species these habitats by similar skipper factors in larval survival and, thus, according to species experts in the State species. In systematic surveys at twelve important limiting factors for Dakota and at least one other species of prairie Minnesota sites, Swengel and Swengel skipper populations (Royer et al. 2008, fen dependent butterfly is present (1999, pp. 278–279) found that Dakota p. 2). For example, edaphic parameters (Hosler 2013, pers. comm.). Therefore, skippers were significantly more measured in sites throughout the range the Poweshiek skipperling is most likely abundant on dry prairie than on either of Dakota skipper included a bulk still present at this site. We also wet-mesic prairie. In Manitoba, Dakota density (an indicator of soil compaction) consider the species to be present at one skippers inhabit Type A habitats, that ranged from 0.9g/cm3 to 1.3 g/cm3 Dakota skipper site (Frenchman’s Bluff occupy the slightly higher, drier areas of and mean soil pH that ranged from 6.3 Preserve in Minnesota) where the most wet-mesic prairie where nectar sources to 6.7 with high micro-scale variation recent survey was from 1993. At this are more abundant (Webster 2003, p. 7). (variation on a small scale) (Royer et al. site, no evidence suggests the species is Occupied habitats in Saskatchewan are 2008, p. 10). Soil texture ranged from 4 not still present because, based on a similar to the drier upland dry-mesic to 12 percent clay, 53 to 74 percent species-expert review of the site, the mixed-grass prairie hillside habitats in sand, and 14 to 39 percent silt (Royer et habitat and management is still Manitoba, which is dominated by al. 2008, p. 12). Seasonal soil conducive to the species. Additional bluestems and needlegrass. The Dakota temperatures, measured at three depths sites where we consider Dakota skipper skipper was most common on ridgetops (20, 40, and 60 cm (8, 16, and 24 in)) to be present include two sites in and hillsides near purple coneflower were the same at all depths within a Minnesota with 1996 records (Bluestem (Webster 2003, p. 8). site; Minnesota sites generally had Prairie and Buffalo River State Park) and In North Dakota, an association of higher soil temperatures at all depths one site with a 1998 record (an bluestems (Schizachyrium scoparium, than sites in North Dakota or South unnamed site in North Dakota). Andropogon gerardii) and Dakota (Royer et al. 2008, p. 11). Although no survey for the species has needlegrasses, typically invaded by Dakota skipper larvae are particularly taken place at Bluestem Prairie since Kentucky bluegrass (Poa pratensis), vulnerable to desiccation (drying out) 1996, a 2012 assessment of the habitat typifies dry-mesic Dakota skipper during dry summer months and require at the site indicates that this site is a habitat in the rolling terrain of river ‘‘vertical water distribution’’ (movement high-quality prairie that contains the valleys and the Missouri Coteau (Royer of shallow groundwater to the soil native prairie flora conducive to the and Marrone 1992a, p. 22). These surface) in the soils or wet low areas to Dakota skipper (Selby 2012, p. 9). The prairies, located on the western edge of provide relief from high summer site at Buffalo River State park, which the species’ known range, typically temperatures (Royer et al. 2008, pp. 2, adjoins Bluestem Prairie, has not been contain wood lily, bluebell bellflower, 16). Humidity may also be essential for surveyed since 1996 but recent habitat coneflowers, and other asters as nectar larval survival during winter months assessments show that it still contains sources; in some areas, mountain since the larvae cannot take in water prairie habitats with the native prairie deathcamas also occurs (Royer and during that time and depend on humid flora conducive to the species (MN DNR Marrone 1992a, p. 22). The location of air to minimize water loss through 2013, unpubl.). Furthermore, the species larval food plants rarely seems to affect respiration (Dana 2013, pers. comm.). expert in Minnesota supports that the Dakota skipper distribution within Royer (2008, pp. 14–15) measured species is most likely still present at habitats because these warm-season microclimalogical levels (climate in a these sites. Little information is known grasses are usually dominant and evenly small space, such as at or near the soil about the one unnamed site in North

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63579

Dakota; however, the best information we received additional information (e.g., of two habitat types), and the plant we have indicates that the habitat is still additional survey or habitat data composition of adjacent areas. suitable for the species, and the North provided after the expert reviews) that This approach is the most objective Dakota species expert supports that the suggests a different status at a particular way to evaluate the data range-wide. species is likely present. site. Most sites have been surveyed over We assigned a status of ‘‘unknown’’ if Timing of surveys is based on initial multiple years, although the frequency the species was found in 1993 or more field checks of nectar plant blooms and and type of surveys varied among sites recently, but not in the most recent one sightings of butterfly species with and years. In several cases, species to two sequential survey year(s) since synchronous emergence (sightings of experts provided input on occupancy 1993 and there is no evidence to suggest butterfly species that emerge at the same based on their familiarity with the the species is now extirpated from the time as Dakota skipper and Poweshiek habitat quality and stressors to site (e.g., no destruction or obvious and skipperling), and, more recently, populations at particular sites. significant degradation of the species’ emergence estimated by a degree-day To summarize, there are few sites habitat). We considered a species is to emergence model using high and low with relatively older data where we be ‘‘possibly extirpated’’ at sites where daily temperature data from weather consider the species to still be present. it was detected at least once prior to stations near the survey sites (Selby, In general, most sites with a present 1993, but not in the most recent one to undated, unpublished dissertation). status have had a positive detection in two sequential survey years(s). A Surveys are conducted during flight 2002, or more recently with a few species is also considered ‘‘possibly periods when the species’ abundance is exceptions. At one Poweshiek extirpated’’ at sites where it was found expected to be at levels at which the skipperling site, the species was prior to 1993 and no surveys have been species can be detected. However, as observed at the site in 1996, and no further surveys have been conducted. conducted in 1993 or more recently. At with many rare species, detection The remaining Poweshiek skipperling least three sequential years of negative probabilities are imperfect and some sites where the species is considered surveys were necessary for us to uncertainty remains between non- present have had detections in 2012, consider the species ‘‘extirpated’’ from a detection and true absence (Gross et al. except one site where the species was site, because of the difficulty of 2007, pp. 192, 197–198; Pellet 2008, pp. detected in 2011 and no further surveys detecting these species, as explained 155–156). Three sequential years of have occurred. Likewise, at four Dakota further in this section. A species is also negative surveys is sufficient to capture skipper sites we consider the species to considered ‘‘extirpated’’ at sites where variable detection probabilities, since habitat for the species is no longer be present with the most recent record each survey year typically encompasses present. from 2001 or earlier including one site more than one visit (e.g., the average When determining whether the where the most recent survey was from species occupancy is unknown, possibly number of visits per Dakota skipper site 1993, two sites with 1996 records, and extirpated, or extirpated at a particular per year ranges from 1 to 11) and the one site with a 1998 record. No site, we used the survey year 1993 as a probability of false absence after 5–6 evidence suggests that the species is not cut-off date, because most known sites visits drops below 5 percent for studied still present at these sites because the (more than 75 percent of known butterfly species with varying average best information indicates that the site’s Poweshiek skipperling sites and over 89 detection probabilities (Pellet 2008, p. habitat is still conducive to the percent of known Dakota skipper sites) 159). Therefore, the site is considered butterfly, and, therefore, the species have been surveyed at least once since ‘‘extirpated’’ if there are three sequential may still be present there. We also 1993 and survey data more than 20 years of negative surveys. consider Dakota skipper to be present at years old may not reflect the current It cannot be presumed that the species the following sites: 20 sites in Canada status of a species or its habitat at a site is not persisting at a site only because that were surveyed only once in 2002; (for example, due to habitat loss from there have not been recent surveys. At 1 additional site with a 2002 detection secondary succession of woody several sites, the species has persisted of the species and a favorable habitat vegetation or a change in plant for longer than 20 years; for example, assessment in 2012; 1 site with a 2003 communities due to invasive species). Dakota skipper was first recorded at detection; 1 site with a 2005 detection; Although it cannot be presumed that the Scarlet Fawn Prairie in South Dakota in 2 sites with a 2006 detection; 25 sites in species is absent at sites not surveyed 1985 and has had positive detections Canada that were surveyed only once in since 1993, the likelihood of occupancy every survey since that date—the most 2007; 1 additional site with a 2007 of these sites should be considered recent detection was in 2012. The year detection; 7 sites with a positive differently than sites with more recent 1993 was chosen based on habitat- detection in 2008; 2 sites with a positive survey data (e.g., due to woody related inferences, specifically, the detection in 2009; and 27 sites with vegetation succession over time). When estimated time for prairie habitat to positive detections in 2012. analyzing survey results, we disregarded degrade to non-habitat due to woody negative surveys conducted outside of encroachment and invasive species. For Population Distribution and Occupancy the species’ flight period or under example, native prairies with previous Status unsuitable conditions (e.g., high wind light-grazing management that were Once found in native prairies in five speeds). subsequently left idle transitioned from states and two Canadian provinces, the After we applied these standards to mixed grass to a mix of woody Dakota skipper and its habitat have initially ascertain the status of the vegetation and mixed grass in 13 years undergone dramatic declines; the species, we asked species experts and and it was predicted that these idle species is now limited to native prairie Service personnel to help verify, prairies would be completely lost due to remnants in three states and two modify, or correct species’ occupancy at woody succession in a 30-year Canadian provinces. The Dakota skipper each site (particularly for sites with timeframe (Penfound 1964, pp. 260– is presumed extirpated from Illinois and questionable habitat quality or those 261). The time for succession of idle Iowa and no longer occurs east of that have not been surveyed recently). prairie depends on numerous factors, western Minnesota—an approximately In most cases, we used the status such as the size of the site, edge effects 690-kilometer (km) (430-mile) reduction confirmed during expert review, unless (the changes that occur on the boundary of its range. Populations persist in

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63580 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

western Minnesota, northeastern South prairie began in 1830 (Samson and where we consider the Dakota skipper Dakota, North Dakota, southern Knopf 1994, p. 418), but significant to be present, 81 sites with unknown Manitoba, and southeastern documentation of the ecosystem’s status, 40 possibly extirpated sites, and Saskatchewan. Royer and Marrone butterfly fauna did not begin until about 47 that are considered extirpated (Table (1992a, p. 5) stated that Dakota skippers 1960. Therefore, most of the species’ 1). Approximately half (45 of 91) of the may also occur in far eastern Montana decline probably went unrecorded. sites where the species is considered to and southeastern Saskatchewan, in Based on records of vouchered be present are located in Canada, mostly habitats similar to those occupied by the specimens, however, we know that within three isolated complexes, and species in northwestern North Dakota. Dakota skipper range has contracted were observed in either 2002 or 2007 The Dakota skipper was subsequently northward out of Illinois and Iowa. The with no subsequent surveys. The found in Saskatchewan in 2001 after 40 species was last recorded in Illinois in remaining 46 sites where the species is years of searching (Hooper 2002, pers. 1888 (McCabe 1981, p. 191) and in Iowa considered to be present are about comm.), but Royer (2002, pers. comm.) in 1992 (Orwig and Schlicht 1999, p. 6). equally distributed among Minnesota no longer thinks that the species occurs Britten and Glasford’s (2002, pp. 363, (14 sites), North Dakota (18 sites), and in Montana. 372) genetic analyses support the South Dakota (14 sites). Researchers From its earliest identification, the presumption that this species formerly made positive detections of the species Dakota skipper was considered rare had a relatively continuous distribution; in 27 of these sites in 2012. Other sites (Royer and Marrone 1992a, p. 1), the small genetic divergence (genetic with a present status with relatively although considerable destruction of its distance) among seven sites in older positive detections and no habitat likely occurred even before the Minnesota and South Dakota indicate species was first described in 1911. that populations there were once subsequent surveys for the species Habitat destruction and degradation has connected. Dakota skipper dispersal is include 2 sites with positive detections greatly fragmented Dakota skipper’s very limited due in part to its short in 1996, one site with a positive range from its core through its northern adult life span and single annual flight. detection in 1998, one site with a and western fringes (McCabe 1981, p. Therefore, the species’ extirpation from positive detection in 2002, one site with 179; Royer and Marrone 1992a, p. 28; a site is likely permanent unless it is a positive detection in 2003, one site Schlicht and Saunders 1994, p. 1; Royer within about 1 km (0.62 mi) of a site with a positive detection in 2005, 2 sites 1997, p. 2; Schlicht 1997a, p. 2; Schlicht that generates a sufficient number of with a positive detection in 2006, one 1997b, p. 2; Skadsen 1997, pp. 25–26; emigrants or is artificially reintroduced site with a positive detection in 2007, 7 Skadsen 1999, p. 15; Swengel and to a site. sites with a positive detection in 2008, Swengel 1999, p. 267). The historical The Dakota skipper’s range once and 2 sites with a positive detection in distribution of Dakota skippers may comprised native prairie in five states 2009. At several of these sites, the never be precisely known because and Canada, extending from Illinois to habitat has been assessed more recently ‘‘much of tallgrass prairie was Saskatchewan; it now occurs only in than they were surveyed for the species. extirpated prior to extensive ecological native prairie remnants in portions of The distribution and status of Dakota study’’ (Steinauer and Collins 1994, p. three states and two Canadian skipper in each state of known historical 42), such as butterfly surveys. provinces. Of the 259 historically or extant occurrence are described in Destruction of tallgrass and mixed-grass documented sites, there are 91 sites detail below.

TABLE 1—NUMBER OF HISTORICALLY DOCUMENTED DAKOTA SKIPPER SITES WITHIN EACH STATE AND THE NUMBER OF SITES WHERE THE SPECIES IS THOUGHT TO BE PRESENT, UNKNOWN, POSSIBLY EXTIRPATED, OR EXTIRPATED

Percent of total number State Present Unknown Possibly Extirpated Total of historical extirpated sites by state

Illinois ...... 1 1 0.4 Iowa ...... 3 3 1 Minnesota ...... 14 22 18 12 66 26 North Dakota ...... 18 13 10 13 54 21 South Dakota ...... 14 46 10 15 85 33 Manitoba ...... 31 0 2 3 36 14 Saskatchewan ...... 14 0 0 0 14 5

Total Number of Historically Documented Sites 91 81 40 47 259 ......

Percent of the Total Number of Historical Sites by Occupancy ...... 35 31 16 18 ...... 100

Illinois Iowa and Schlicht 2007, p. 9). The species was last seen at Cayler Prairie Dakota skippers are considered to be There are three historical records of (Dickinson County) in 1992, but surveys extirpated from Illinois. The species was Dakota skippers in three counties in of this site in 2000, 2004, 2005, and Iowa (Dickinson, Poweshiek, and last recorded near Chicago in 1888 2007 were negative, so we presume it to Woodbury), but the species is presumed (McCabe 1981, p. 191). be extirpated from that site (Schlicht extirpated from the State (Schlicht and and Orwig 1998, p. 85; Selby 2004a, p. Orwig 1998, pp. 84–85; Selby 2004a, pp. 1, 5; Selby 2012, pers. comm.; Nekola 5; Selby 2006a, p. 5; Selby 2008, p. 6).

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63581

The species was not observed at eight McCabe (1981, p. 187) observed very from 1985 to 2005, with an average sites surveyed between 1988–1997 stable population numbers in Minnesota detection rate of 67 percent for all (Swengel and Swengel 1999, pp. 288– prairies that he visited repeatedly from survey years with more than one site 289), at eight sites surveyed in 2004 1968–1979. On dry-mesic prairie in surveyed (excluding sites newly (Selby 2004a, p. 5), nor during extensive Lincoln County, Minnesota, Dana (Dana discovered in the first year it was surveys at 32 sites in 2007 (Selby 2008, 1997, pp. 3–5) also observed stable discovered), an average of 70 percent p. 6). numbers into the thousands during his detection rate for survey years with 5 or intensive studies from 1978 to 1983. more sites surveyed and an average of Minnesota Schlicht (1997a, p. 13) and Reiser (1997, 66 percent detection rate for survey p. 16) reported more variable numbers years with 10 or more sites surveyed. Minnesota historically contained on the same sites in 1995–1996, and One exception to the high detection about 26 percent of the sites where the based on these more recent rates was 1994; only 26 percent (5 of 19 Dakota skipper has been recorded (Table observations, Dana (1997, pp. 3–5) sites) of sites surveyed in 1994 resulted 1) (Service 2013, unpubl. geodatabase). suggested that populations could in positive detections. Recent surveys of Since the earliest known record (1965) experience significant size fluctuations the species resulted in significantly of the species in Minnesota, 66 sites between years. At Hole-in-the-Mountain lower than average positive detections. have been recorded in the State, but preserve, Minnesota, Dana (1991, pp. The percent of sites surveyed each year recent surveys indicate that the species 36–37) found peak abundance of with positive detections has recently is declining in the State (Service 2013, approximately 1,000 Dakota skippers decreased from 70 percent (7 of 10 sites) unpubl. geodatabase). Of the 66 known over about 40 ha (98 ac); he estimated in 2005, to 47 percent (8 of 17 sites) in locations of Dakota skipper in that 2,000–3,000 individuals may have 2007, to 56 percent (10 of 18 sites) in Minnesota; the species is extirpated or been alive at various times during the 2008, to 6 percent (1 of 18 sites) in 2012 possibly extirpated from 30 of those flight period and that only one-third to (for years with greater than 10 sites sites and the status is unknown at 22 one-half of adults were alive surveyed, see Figure 1). Only one others (Service 2013, unpubl. simultaneously. Where they occur, these individual was detected in Minnesota geodatabase). Dakota skipper is high adult densities persist for only during 2012 surveys, which included 18 considered to be present at 14 sites in about a week to 10 days during the sites with previous records and 23 Minnesota in 6 counties: Clay, Lincoln, single annual flight period (Selby and prairie remnants without previous Murray, Norman, Pipestone, and Pope, Glenn-Lewin 1989, pp. 24–28). records for the species (Dana 2012c, although 2 of those sites have not been The percentage of sites surveyed each pers. comm.; Runquist 2012a, pers. surveyed since 1996 and 1 site has not year in Minnesota with positive comm.; Olsen 2012, pers. comm.). The been surveyed since 1993. detections remained relatively stable cause for this sharp decline is unknown.

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63582 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

The Dakota skipper is presumed 10 have not been surveyed since the other prairie butterflies in the State after extirpated at 12 sites in Minnesota; at 7 species was last seen in 1988 or earlier. experts noted significant declines in of these sites the species has not been Dakota skippers at two of the sites these species in west-central Minnesota observed since 1984 or earlier. Four where the species is possibly extirpated beginning in 2003 (Selby 2006b, p. 30). sites at which the species is now have not been observed since 1991 Researchers surveyed 17 and 19 sites presumed to be extirpated have had (Service 2013, unpubl. geodatabase). with previous Dakota skipper records in fairly recent positive observations. The The remaining 6 sites had positive 2007 and 2008, respectively; Dakota species was last observed at Prairie observations prior to 1993, were skipper was found at 8 sites each year Waterfowl Production Area (WPA) in surveyed once more recently, and had a and at 1 site where it had not previously Big Stone County in 2000 (Skadsen negative observation (Service 2013, been recorded (Selby 2009a, p. 6). The 2000, p. 1), for example, but was not unpubl. geodatabase). surveys confirmed Dakota skipper’s found in 2008 (Selby 2009a, p. i), 2010, The status of Dakota skipper is extirpation from one site in Cottonwood and 2012 (Service 2013, unpubl. unknown at 22 sites; Dakota skipper County, where it was last recorded in geodatabase). Dakota skippers were have not been observed at 11 of these 1970. observed at the Glacial Lakes WPA in sites since the mid- to late 1990s, A parallel study in 2007 (Dana 2008), 2001 (Schlicht 2001b, p. 18), but the despite one or two years of survey effort consisted of more intensive work at a species was not observed in 2003, 2004, at several sites. The remaining 11 sites few sites thought to contain some of the and 2005 (Selby 2006b, p. Appendix A with unknown status have had positive State’s most viable populations of xii); the species is now considered to be observations in 2007 or more recently, Dakota skipper. Among these sites was extirpated at that site (Service 2013, but are given this designation due to a The Nature Conservancy’s Hole-in-the- unpubl. geodatabase). The last subsequent negative survey. For Mountain preserve in Lincoln County, observation of Dakota skipper at the Big example, Dakota skipper was which was the only Minnesota Stone National Wildlife Refuge (NWR) documented at the Gens Prairie in population rated as secure in 2002 in Lac Qui Parle County was in 2000, Murray County and Woodstock Prairie (Cochrane and Delphey 2002, p. 16). and it was not observed during surveys in Pipestone County in 2007, but the The 2007 surveys indicated that the site in 2009, 2011, or 2012 (Skadsen 2012a, species was not observed during surveys still supported a substantial population, p. 5). Dakota skippers were observed at in 2008 (Selby 2009a, p. Appendix 5 li, but that it may have decreased in size Chippewa Prairie in 1995, but not in xxxiii and Appendix 4 xlix). since earlier studies were conducted 1996, 2005, and 2012 (Service 2013, In 2007 and 2008, the Minnesota DNR (Dana 1991, p. 36; Dana 2008, p. 18). unpubl. geodatabase). Of the 18 sites carried out a broad survey effort to Dakota skippers were not detected where the species is possibly extirpated, assess the status of Dakota skipper and during the 2012 flight period (Runquist

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 EP24OC13.088 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63583

2012, pp. 13–14, 18–20; Runquist 2012a, documentation of Dakota skipper were although the Towner-Karlsruhe complex pers. comm.); therefore, we consider the completed in Minnesota in 2007 and was considered to be the stronghold for status of the species at the Hole-in-the- 2008. Based on these surveys, the the species in the State in 2002 Mountain preserve to be unknown. likelihood that significant undiscovered (Cochrane and Delphey 2002, p. 17) and Relatively important populations of Dakota skipper populations occur in most of the sites where the species is Dakota skipper in Minnesota may still Minnesota is low. currently present are still occupied by occur at the Prairie Coteau, Felton North Dakota ‘‘viable populations’’ (Royer 2012a, Prairie, and Glacial Lakes complexes, pers. comm.). All of the habitat where but the 2012 survey results raised North Dakota historically contained the species is present in the Towner- concern for the species’ status at Prairie approximately 21 percent of all known Karlsruhe complex is Type A (wet- Coteau. The number of Dakota skippers historical locations of Dakota skippers mesic) habitat (Royer and Marrone encountered per 100 m (328 ft) of rangewide (Table 1); the State contained 1992a, p. 21–22; Royer et al. 2008, pp. transect at Prairie Coteau State Natural 54 historical sites distributed among 18 14–16). Five sites within the Towner- Area (SNA) were 1.7 in 1990 and 1.1 in counties (Service 2013, unpubl. Karlsruhe complex are owned by the 2007 (Dana 2008, p. 19). No Dakota geodatabase). The Dakota skipper is North Dakota State Land Department, skippers were observed at Prairie Coteau currently present at 18 sites in 5 North and the remaining seven sites with SNA during the 2012 flight period Dakota counties, of these, 13 occur extant populations are privately owned. (Runquist 2012, pp. 9–10); therefore, we within the Towner-Karlsruhe complex Some Towner-Karlsruhe sites are linked consider the status of the species to be in McHenry County, 1 is within the by highway rights-of-way that contain unknown at that site. Selby (2009b, Sheyenne National Grasslands complex native prairie vegetation and by other Appendix 4, p. iv) recorded 14 Dakota in Ransom County, 2 in northern prairie remnants (Royer and Royer skippers during a 5-hour survey in 2007 McKenzie County, 1 site is in Wells 2012a, p. 18). In 2002, none of these at the Felton Prairie SNA. During a one- County, and 1 site in McLean County. sites were described as secure (Cochrane hour survey in 2008, nine Dakota Of the 18 sites where we consider the and Delphey 2002, pp. 66–67) since skippers were recorded and with little Dakota skipper to be present, 15 sites each is subject to private or State indication of any substantial change had positive observations of the species management options that could since the previous year (Selby 2009b, in 2012 and the remaining 3 sites had extirpate Dakota skipper from the site. Appendix 5, p. iv); Felton Prairie has positive observations between 1998 and In 1999, it was estimated that about 30 not been resurveyed since 2008 (Service 2003. The status of the species is percent of the Towner-Karlsruhe area unknown at 13 sites; 10 of these sites 2013, unpubl. geodatabase). The number still contained native prairie (Lenz have not had positive records since the of Dakota skippers recorded during 1999b, p. 2); more recent observations mid- to late 1990s and the other 3 sites recent surveys at Glacial Lakes State indicate that several native prairie sites had positive records between 2001 and Park has been low despite good habitat have been invaded to varying extents by 2003. The Dakota skipper is presumed conditions. An apparently widespread nonnative species, such as leafy spurge, extirpated from 13 sites and 4 counties, population was present as recently as Kentucky bluegrass, and alfalfa primarily due to heavy grazing, weed 2001 when Skadsen (2001, p. 24) found (Medicago sativa), and several are control, and other disturbances (e.g., Dakota skippers along almost all of 25 subject to intense grazing or early bulldozing at Killdeer Mountain to mi (40 km) of transect in and around the haying (Royer and Royer 2012b, pp. 5– reduce aspen growth, Royer 1997). The park—he recorded as many as 31 Dakota 6, 7–10, 13–16, 18–19, 22–23; Royer skippers along one transect (Skadsen species is possibly extirpated from 10 2012, in litt.). 2001, p. 24). Selby (2009a, p. l and liv) additional sites and 3 additional surveyed the same areas in 2007 and counties. Researcher surveyed 25 sites, Dakota skipper populations in the 2008, describing habitat at survey sites believed to possibly have Dakota Sheyenne National Grasslands complex as good to excellent, but recorded only skipper populations, in 2012; of these have experienced intensive grazing, eight Dakota skippers during about sites, 23 had previous records of the leafy spurge (Euphorbia esula) invasion, seven hours of surveys in and around species (Royer and Royer 2012a, entire). and the effects of herbicides used to the park (Selby 2009a, p. 1 and liv). Thirteen of the 25 surveyed sites had control leafy spurge and grasshoppers Glacial Lakes State Park surveys Dakota skipper present (Royer and (Royer 1997, pp. 15 and 27). For conducted in 2012 were outside of the Royer 2012a, pp. 3–4; Royer and Royer example, McCabe (1979, p. 36) cited the Dakota skipper flight period (Runquist 2012b, pp. 2–3). One new site was McLeod Prairie in the Sheyenne 2012a, pers. comm.). found in 2012 (Royer and Royer 2012a, Grasslands in southeastern North In summary, the Dakota skipper is p. 33), adjacent to a site with previous Dakota as the best site for Dakota now considered to be extirpated or records but with different land- skippers in North Dakota. Since then, possibly extirpated from at least 30 of ownership, so the researcher considered however, leafy spurge invasion has the 66 sites in Minnesota, which it a new site. Another new site was significantly modified the habitat and historically contained approximately 26 found in North Dakota in 2012, in Wells the Dakota skipper is now extirpated percent of all known historical Dakota County, where two observations were from the site (Royer 1997, p. 14). skipper locations rangewide (Table 1). made—possibly the same individual Swengel and Swengel (1999, p. 286) did The species is considered to be present (HDR, Inc. 2012, pp. 21–23). At sites not find Dakota skippers at eight survey and unknown at 14 and 22 sites, with Dakota skipper, lower average sites in the Sheyenne grasslands during respectively. However, only one encounter frequencies were observed 1988–1997, although Royer did observe individual male was detected in the across the State in 2012 (state average = a few isolated Dakota skippers in the State during 2012 surveys, which 9.4 encounters per hour) than during the Sheyenne National Grasslands during included 18 sites with previous records; 1996–1997 statewide surveys (state this period (e.g., Royer 1997, pp. 14–15). 2012 surveys for undiscovered average = 17.4 encounters per hour) Dakota skippers were recorded at one populations were also carried out on 23 (Royer and Royer 2012b, p. 5; Royer and new site (Gregor) in the Sheyenne prairie remnants without previous Royer 2012a. pp. 7–8). National Grasslands in 2001 (Spomer records for the species. Similar surveys Of the Dakota skipper populations in 2004, pp. 14–15). The status of Dakota of prairie remnants with no previous North Dakota, none may be secure, skipper at the Gregor site is currently

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63584 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

unknown, since the species was not sites had previous Dakota skipper of those sites (Service 2013, unpubl. observed during the 2002 survey (Royer records); average encounter frequencies geodatabase). Eight additional sites and Royer 2012a, pp. 3–4). Orwig (1996, observed across the State in 2012 (9.4 within the species’ historical range were p. 3) suggested that Brown’s Ranch in encounters per hour), however, were surveyed during the 2012 flight period, Ransom County, owned by The Nature lower than during the 1996–1997 which resulted in the discovery of two Conservancy, had potential to support a statewide surveys (ND state average = new nearby Dakota skipper sites metapopulation (groups of local 17.4 encounters per hour). (Service 2013, unpubl. geodatabase; populations interconnected by dispersal Although only a small fraction of all Skadsen 2012a, pers. comm.). The habitat) in the Sheyenne River grassland in North Dakota has been proportion of positive surveys at known watershed. More recently, however, surveyed for Dakota skippers, a sites has fluctuated over time; however, Spomer (2004, p. 36) found that the significant proportion of the un- the 2012 surveys had the lowest positive population there was not doing well, surveyed area is likely not suitable for detection rate (35 percent) for the last 16 and Royer failed to find the species in Dakota skipper. The species was never years (since 1996), much less than 2012 (Royer and Royer 2012a, p. 3). detected at approximately 135 comparable survey years (years with 10 Therefore, the status of the species at additional locations in North Dakota or more sites surveyed) in South Dakota. the Brown Ranch site is unknown. that were surveyed for the species from While there are some sites with earlier Royer (1997, pp. 15 and 27) claimed 1991–2012 (USFWS 2013, unpubl. records, most South Dakota sites were that, throughout the Sheyenne geodatabase). Many of these sites have initially documented during extensive Grasslands, both public and private been surveyed multiple times over surveys conducted during 1996 to 1998. lands have been so heavily grazed and multiple years (USFWS 2013, unpubl. Forty-eight locations without previous altered by grasshopper and leafy spurge geodatabase). Surveys for the Dakota records were surveyed during 2002– control that extirpation of Dakota skipper are typically conducted only in 2004, which resulted in the discovery of skippers from the area is almost certain areas where floristic characteristics are 20 new Dakota skipper sites in to occur. The population at Venlo indicative of their presence. New northeastern South Dakota (Skadsen Prairie, for example, deteriorated from potential sites surveyed are generally 2003, p. 8; Skadsen 2004, pp. 3–6), but good/fair in 2001 to poor in 2003 due focused on prairie habitat that appear due to more recent negative surveys, the to intense grazing and disappearance of suitable for the species and have a good occupancy of the species is currently flowers (Spomer 2004, pp. 9, 12); the potential of finding the species, in other unknown or extirpated at many of these species is now considered to be words, sites are not randomly selected sites (Skadsen 2011, p. 5; Skadsen 2012, extirpated at that site. across the landscape. Therefore, these pp. 4–5; Skadsen, 2012, pers. comm.; In 2002, experts ranked all sites sites have a higher likelihood of Skadsen 2003, p. 10; Skadsen 2004, p. outside of the two complexes discussed detecting the species than at sites 2;; Skadsen 2006a, p. 2, 10; Skadsen above as threatened or vulnerable; most randomly selected across the landscape. 2006b, p. 5; Skadsen 2007, p. 3; Skadsen were small and isolated populations Based on these surveys, the likelihood 2008, p. 3, 12; Skadsen 2009, p. 3). threatened by conversion and invasive that significant numbers of Additional survey effort resulted in the species (Cochrane and Delphey 2002, undiscovered Dakota skipper discovery of nine new sites between pp. 66–67). Most of these sites are now populations occur in North Dakota is 2005 and 2012, with a maximum of considered extirpated or possibly low. Moreover, data available from the three new sites discovered in 2006 extirpated. Today, only 4 sites outside numerous sites that have been surveyed (Skadsen 2010a, p. 6; Skadsen 2012, pp. of the Towner-Karsruhe Complex and are likely to be representative of areas 4–5; Skadsen 2012, pers. comm.; Sheyenne National Grasslands that have not been surveyed—that is, Skadsen 2005, pp. 5–6, Skadsen 2006a, complexes are thought to have extant population trends and the nature and p. 12; Skadsen 2006b, p. 5; Skadsen (present) Dakota skipper populations, extent of stressors that may impact the 2007, p. 3; Skadsen 2008, p. 9; Skadsen including Garrison Training Center in populations in un-surveyed areas can 2009, p. 2). Eight additional sites McLean County. In addition to the reasonably be inferred by analyzing data without previous documentation of the Towner-Karsruhe Habitat Complex sites collected from the sites that have been species were surveyed in 2012, which in McHenry County, only 2 of the 25 surveyed. resulted in the discovery of two nearby sites surveyed by Royer in 2012, both in sites (Service 2013, unpubl. South Dakota northern McKenzie County, may have geodatabase). To summarize, new sites ‘‘viable populations’’ (Royer 2012b, South Dakota historically contained have been discovered in South Dakota pers. comm.), although only one approximately 33 percent of all known during most survey years since 2002, individual was observed at each site in locations of Dakota skippers rangewide however, the number of new sites 2012 (Royer and Royer 2012b, pp. 16– (Table 1). Since the earliest known discovered each year has been low 17). record of Dakota skipper (1905) of the recently; 2 or 3 new sites have been In summary, North Dakota contains species in South Dakota, 85 sites have discovered each survey year since 2005 approximately 21 percent (N= 53) of all been documented across 11 counties in (3 sites in 2005, 2 sites in 2006, 2 sites known historical locations of the the State, but recent surveys indicate in 2007, zero sites in 2010, and 2 sites species rangewide; however, the current that the species is declining in the State in 2012). The rate that known sites are occupancy status of the Dakota skipper (Service 2013, unpubl. geodatabase). Of becoming extirpated is higher than the is unknown at 12 sites, and it is the 85 historical sites, Dakota skipper is rate of new discovery—the occupancy of considered to be extirpated or possibly presumed extirpated from 15 sites and the species at many sites is now extirpated from at least 23 of the 53 2 counties (Brown and Moody), and is unknown or extirpated due to more known sites in the state (Table 1). The possibly extirpated from 10 additional recent negative surveys. species is considered to be present at sites. Dakota skipper is considered The species has never been only 18 sites in the State. North-central present at 14 sites and the status of the documented in Clark County, but North Dakota may hold hope for the species is unknown at 46 sites. Twenty- because few surveys have been species’ long-term conservation. Dakota six sites in South Dakota with previous conducted there, the county may skipper was detected at 13 of the 25 Dakota skipper records were surveyed contain undiscovered populations sites surveyed during 2012 (23 of the in 2012; the species was detected at 9 (Skadsen 2006b, p. 1). Skadsen (2012b,

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63585

pers. comm.) doubts the existence of requires (as discussed in detail in the reasonably be inferred by analyzing data public lands with suitable Dakota Background section of this proposed collected from the sites that have been skipper habitat in Clark County and has rule) and, therefore, may not equate to surveyed. not received permission to survey a few suitable habitat for the species. Since there is little long-term possible suitable locations that are The species was never detected at quantitative data for sites in South privately owned. approximately 73 additional locations Dakota, we examined presence-absence Although only a small fraction of all in South Dakota that were surveyed (non-detection) data over time. The grassland in eastern South Dakota has from 1991 through 2012 (USFWS 2013, percent of sites surveyed each year with been surveyed for Dakota skippers (e.g., unpubl. geodatabase). Several of these positive detections of the species Dakota skipper surveys have been sites have been surveyed multiple times remained relatively stable from 1985 to conducted on less than approximately in one year or during multiple years 2010, with an average positive detection 30,000 acres (12,140 ha) in South (USFWS 2013, unpubl. geodatabase). rate of 63 percent for all survey years Dakota within the species range (Service Surveys for Dakota skipper are typically with more than one site surveyed 2013, unpubl. geodatabase)), a conducted only in areas where floristic (excluding new sites for the first year of significant proportion of the un- characteristics are indicative of their discovery), an average positive detection surveyed area is likely not suitable for presence. For example, in South Dakota, rate of 60 percent for survey years with the Dakota skipper. For example, there Skadsen (1997, p. 2) selected for surveys at least 5 sites surveyed, and an average is an estimated 1,620,549 acres (ac) dry-mesic prairie that supported purple positive detection rate of 71 percent for (655,813 hectares (ha)) of unbroken coneflower and wet-mesic prairie that survey years with at least 10 sites (untilled) grasslands (excluding supported wood lily and mountain surveyed. One exception to the high Conservation Reserve Program (CRP) deathcamas based on searches for these detection rates was during the 1991 grasslands, which generally do not sites by car and reports from resource survey year when none (0 of 7 sites) of provide habitat for the Dakota skipper managers. New potential sites surveyed the sites surveyed in 1991 resulted in (Larson 2013, pers. comm.)) in the 9 are generally focused on prairie habitat positive detections of the species, counties where the Dakota skipper is that appear suitable for the species and excluding 3 new sites that were considered be present or to have have a good potential of finding the discovered that year. Another exception unknown occupancy in South Dakota species, in other words, sites are not was in 1996, when 2 of the 8 sites with (HAPET 2012, unpubl. data). Additional randomly selected across the landscape. previous records surveyed had a areas of unbroken prairie were Therefore, these sites have a higher positive detection; however, 6 new sites estimated in three other counties where likelihood of detecting the species than were discovered that year. The detection the species may have occurred at sites randomly selected across the rate remained relatively stable until historically (HAPET 2012, unpubl. landscape. Based on these surveys, the 2010, when the percent of sites with data). While these lands represent likelihood that significant undiscovered positive detections fell from 89 percent unbroken grassland in South Dakota, the Dakota skipper populations occur in (8 of 9 sites) in 2010, to 46 percent (5 models used to identify unbroken South Dakota is low. Moreover, data of 11 sites) in 2011, and 35 percent (9 grassland are not able to identify plant available from the numerous sites that of 26 sites) in 2012 (Figure 2). These species, plant species composition, have been surveyed are likely to be types of fluctuations had been observed floristic quality, or presence of invasive representative of areas that have not in prior years; therefore, it is difficult to species (Loesch 2013 pers. comm.). been surveyed—that is, population determine a clear trend in the data using Therefore, these unbroken grasslands trends and the nature and extent of positive detections—the last two survey may not contain the specific native stressors that may impact the years may fall within the normal range prairie plants that the Dakota skipper populations in un-surveyed areas can of variation.

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63586 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

The Outer Coteau des Prairies sub- extirpated from at least 25 of the 85 Manitoba section of the North Central Glaciated known sites in the State, although large Manitoba historically contained Plains section of Bailey’s Eco-regions is areas of grasslands remain in South approximately 14 percent (N = 36) of the thought to be a stronghold for Dakota Dakota and substantial additional known locations of the Dakota skipper skipper, since nearly 40 percent of the populations of Dakota skipper would be rangewide. The Dakota skipper is total documented Dakota skipper sites expected to be found if more surveys considered present at 1 isolated site and are within that subsection (83 of the 259 were conducted. Furthermore, 30 sites split between 2 distinct documented sites—Service 2013, downward trends and threats impacting complexes, 14 sites near Griswold and unpubl. geodatabase). Most of these populations at known sites are also 16 sites along Lake Manitoba. The 14 Outer Coteau des Prairie sites are in likely occurring at potentially sites near Griswold are located South Dakota; 73 of the 85 Dakota undiscovered sites. The species is approximately 200 km (124 mi) skipper sites in South Dakota are within considered to be present at 14 of the 85 southwest of the populations along Lake the Outer Coteau des Prairies subsection documented sites in the State. Twenty- Manitoba (at 16 sites) and about 125 km (Service 2013, unpubl. geodatabase). six sites in South Dakota with previous (78 mi) northeast of the nearest Dakota skipper is considered to be Dakota skipper records were surveyed population in Saskatchewan (Webster present at only 10 of those 73 sites—the in 2012; the species was detected at 2003, pp. 5–6; Webster 2007, p. 4). The species status is unknown at 41 of those species is presumed extirpated or sites, possibly extirpated at 8 sites, and nine of those sites; eight sites with no previous records for the species were possibly extirpated from five sites in extirpated at the remaining 13 sites Manitoba, including from the Tallgrass within that ecoregion subsection in surveyed during the 2012 flight period, which resulted in the discovery of two Prairie Preserve, where it has not been South Dakota (Service 2013, unpubl. found in the seven most recent survey geodatabase). nearby sites. The proportion of positive surveys at known sites has fluctuated years (Webster 2003, p. 5; Westwood et In summary, South Dakota al. 2012, p. 1; Westwood 2007, pers. over time; however, the 2012 surveys historically contained approximately 33 comm.; Hamel et al. 2013, pp. 8–16)— had the lowest positive detection rate percent of all known locations of the (the later surveys were focused on species rangewide. The current (35 percent) for the last 16 years (since Poweshiek skipperlings, but other occupancy status of the Dakota skipper 1996)—much less than comparable species were recorded) and one site that is unknown at 46 sites and it is survey years in South Dakota. was converted to a flaxseed field considered to be extirpated or possibly (Webster 2003, p. 7). Population

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 EP24OC13.089 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63587

estimates and trends at these sites have near the Souris River (Webster 2007, p. spelling it can be corrected [rule 32(c)ii not been examined quantitatively; ii). The Dakota skipper was first of the International Code of Zoological however, the population appears to be recorded south of Oxbow, Nomenclature].’’ stable at two sites with repeated survey Saskatchewan, in 2001 where three Poweshiek skipperlings are small and years. Numbers observed during males were collected (Hooper 2003, p. slender-bodied, with a wingspan searches at a site near Griswold in 2007 124) on an ungrazed knoll within a generally ranging from 2.3 to 3.0 cm (0.9 did not appear to change appreciably patch of mixed-grass prairie that was to 1.2 in). The size of Poweshiek since 2002 surveys, when the approximately one ha (2 ac) in extent. skipperlings appears to vary somewhat population was estimated (non- Dakota skippers were found at three across their range (Royer and Marrone quantitatively) to be approximately 750 additional sites during 2002 surveys 1992b, p. 3). North Dakota and South individuals (Webster 2003, p. 5; Webster (Webster 2003, pp. 6–7). In 2007, Dakota specimens tend to be slightly 2007, p. 4). A total of 273 adults were researchers surveyed 16 sites in smaller than the 2.9 to 3.2 cm (1.1 to 1.3 observed during a 3.3-hour survey at the southeastern Saskatchewan and found in) range given by Parker (1870) for the second site, where the population was Dakota skippers at 10 of these sites type specimens from Grinnell, Iowa estimated non-quantitatively to be about (including Oxbow); 8 of these represent (Royer and Marrone 1992b, p. 3). A 2,000 individuals (Webster 2007, p. 4). new sites for the species in sample of Richland County, North Dakota skipper was first recorded near Saskatchewan (Webster 2007, p. i). Dakota, specimens from Royer’s Miniota in 1944 and then at two During 2007 surveys, which were collection had an average wingspan of additional sites in the early 1990s. In conducted late in the flight period, only 2.8 cm (1.1 in) for males and 3.0 cm (1.2 2002, the species was observed at 19 a few individuals were observed at each in) for females. South Dakota specimens sites near Lundar, within about 25 km site where the species was present in Marrone’s collection had an average (16 mi) east of Lake Manitoba (Webster (Webster 2007, p. ii). Nine of these sites wingspan of 2.6 cm (1.0 in) for males 2003, p. 4); however, most of these sites where the species was found in 2007 and 2.7 cm (1.1 in) for females. The have not been surveyed since. In 2007, were surveyed along an approximate 50- upper wing surface is dark brown with researchers surveyed 16 sites for the km (31-mi) stretch of steep hillsides a band of orange along the leading edge Dakota skipper near Griswold, Manitoba along the ridgeline north of Souris of the forewing. Ground color of the (Webster 2007, p. 4) and found Dakota River; distances between sites range lower surface is also dark brown, but the skippers at 14 of the 16 sites; 12 of these from 1 to 28 km (0.8 mi to 17 mi). We veins of all but the anal third of the represent new sites for the species in consider Dakota skipper to be present at hindwing are outlined in hoary white, Manitoba (Webster 2007, p. 4). Several all 14 sites in Saskatchewan, although 3 giving an overall white appearance to additional areas were examined for of those sites have not been surveyed the undersurface. The Poweshiek skipperling is most potential Dakota skipper habitat in since 2002. The nearest known extant easily confused with the Garita 2007, including areas east of Hwy 21, population of Dakota skippers in skipperling (Oarisma garita), which can within the Lauder Sandhills Wildlife Saskatchewan is approximately 111 km be distinguished from Poweshiek Management Area, north of Oak Lake (69 mi) from the closest extant (present) skipperling by their smaller size, and near Tilston, Sinclair, Cromer, and population in North Dakota and 200 km quicker flight, and overall golden- Brandon, as well as other locations. (125 mi) from the closest Manitoba bronze color (Royer and Marrone 1992b, Most of the areas examined were under population. row crop agriculture, were heavily p. 3). Another distinguishing feature is grazed, were dry scrub prairies or were Poweshiek skipperling the color of the anal area of the ventral otherwise habitats unsuitable for Dakota Species Description hindwing (orange in Garita; dark brown skipper (Webster 2007, p. 6). The areas in Poweshiek). The Garita skipperling near Brandon and the high ground The Poweshiek skipperling (Oarisma generally occurs west of Poweshiek within the wetland complexes near Oak poweshiek) is a member of the skipper skipperling range, although there are Lake may still contain suitable habitat family, Hesperiidae, and was first records of both species from two (Webster 2007, p. 6). described by Parker (1870, pp. 271– counties in southeastern North Dakota The nearest known extant (present) 272). Parker (1870, pp. 271–272) and two counties in northwestern population of Dakota skippers in provided the original description of this Minnesota (Montana State University— Manitoba is approximately 120 km (75 species from his type series collected Big Sky Institute 2012, Butterflies of mi) from the closest extant (present) near Grinnell, Iowa. It was named for North America http:// population in North Dakota and about the county in which it was found www.butterfliesandmoths.org/ Accessed 200 km (125 mi) from the closest (Poweshiek County), but it was 5/14/12; Minnesota Department of Saskatchewan population. Britten and misspelled, Powesheik, in the original Natural Resources (DNR) 2012, Rare Glasford (2002, pp. 367, 372) suggested description. This spelling was retained features database. Accessed 5/14/12). that Manitoba populations are by most early authorities (Lindsey 1922, McAlpine (1972, pp. 85–92) described genetically distinct from a group of p. 61; Holland 1931, p. 360). Miller and Poweshiek skipperling eggs as pale populations in Minnesota and South Brown (1981, p. 31) used the corrected yellowish green, mushroom shaped Dakota, although populations in spelling, Poweshiek, but then Miller and with a flattened bottom, a slightly additional intervening locations should Ferris (1989, p. 31) changed it back in depressed micropyle (pore in the egg’s be sampled to confirm this hypothesis their supplement. Current usage is membrane through which the sperm (Runquist 2012b, pers. comm.). mixed, with many authorities retaining enter) and smooth surfaced. They were the original spelling (e.g., Miller 1992, 0.8 millimeters (mm) (0.01 in) long, 0.7 Saskatchewan p. 20), while others have opted for the mm (0.03 in) wide and 0.5 mm (0.02 in) Saskatchewan historically contained corrected spelling (Layberry et al. 1998, high. The overall color of the head and approximately 5 percent (N= 14) of all p. 48; Opler et al. 1998, p. 363; body of the larvae is pale grass green, known records of Dakota skippers Glassberg 1999, p. 167; Brock and with a distinctive darker green mid- rangewide. In Saskatchewan, the Dakota Kaufman 2003, p. 306). Layberry et al. dorsal stripe and seven cream-colored skipper is restricted to undisturbed or (1998, p. 48) state ‘‘. . . since it is a stripes on each side. First instars were lightly grazed, steep, south-facing hills clear case of an original incorrect 1.8 mm (0.07 in) at hatching, and the

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63588 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

lone 7th instar survivor was 23.6 mm glutinosa), and shrubby cinquefoil (1.0 mi) is estimated to be a reasonable (1.0 in) near the end of that stage. (Dasiphora fruticosa ssp. floribunda) and likely distance for male Poweshiek McAlpine did not have any observations (Nielsen 1970, p. 46; Holzman 1972, p. skipperling to travel between patches of past the 7th instar (the stage between 111; Catling and Lafontaine 1986, p. 65; prairie habitat separated by structurally successive molts, the first instar being Bess 1988, p. 13; Summerville and similar habitats (e.g., perennial between hatching and the first molt) Clampitt 1999, p. 231). In addition to grasslands but not necessarily native (McAlpine 1972, pp. 85–93). nutrition, the nectar of flowering forbs prairie). The species, however, will not provides water for Poweshiek General Life History likely disperse across habitat that is not skipperling, which is necessary to avoid structurally similar to native prairies, Poweshiek skipperlings lay their eggs desiccation during flight activity (Dana such as certain types of row crops or near the tips of leaf blades and 2013, pers. comm.). anywhere not dominated by grasses overwinter as larvae on the host plants Until recently, the larval food plant (Westwood 2012a and 2012b, pers. (Bureau of Endangered Resources in was presumed to be elliptic spikerush comm; Dana 2012b, pers. comm.). In Swengel and Swengel 1999, p. 285, (Eleocharis elliptica) or sedges, but this Manitoba, Poweshiek skipperling have Borkin 2000a, p. 7). McAlpine (1972, was based on limited observations, been observed avoiding dispersal over pp. 85–92) described the various life- primarily from the Michigan short distances, even to suitable habitat, history stages of Poweshiek skipperling. populations (e.g, Holzman 1972, p. 113). if a barrier such as a road exists between McAlpine (1972, pp. 85–93) observed More recent observations show that the suitable prairie habitat or nectar sources hatching of larvae Poweshiek preferred larval food plant for some (Westwood et al. 2012, p.18). Since skipperling after about nine days. populations of Poweshiek skipperling is experts estimated Dakota skippers to McAlpine’s records were incomplete, prairie dropseed (Sporobolus have a mean mobility of 3.5 (standard and he did not have any observations heterolepis) (Borkin 1995b, p. 6); larvae deviation = 0.7) on a scale of 0 past the 7th instar, but he believed that have also been observed feeding on little (sedentary) to 10 (highly mobile), which there should have been one or two bluestem (Schizachyrium scoparium) is higher than the estimate for additional instars, followed by the (Borkin 1995b, pp. 5–6) and sideoats Poweshiek skipperling (mean mobility chrysalis (pupa) and then the imago grama (Bouteloua curtipendula) (Dana of 2) (Burke et al. 2011, p. 2279; (adult) stages (McAlpine 1972, pp. 85– 2005a, pers. comm.). Poweshiek Fitzsimmons 2012, pers. comm.), a more 93). After hatching, Poweshiek skipperling have been observed laying conservative estimated dispersal skipperling larvae crawl to the base of eggs (ovipositing) on mat muhly distance would be that of the Dakota grasses, but unlike Dakota skippers, (Muhlenbergia richardsonis) (Cuthrell skipper, approximately 1 km (0.6 mi) Poweshiek skipperling do not form 2012a, pers. comm.), a grass in (Cochrane and Delphey 2002, p. 6). shelters underground (McAlpine 1972, Michigan’s prairie fens (Penskar and In summary, dispersal of Poweshiek pp. 88–92; Borkin 1995a, p. 9; Borkin Higman 1999, p. 1). 2008, pers. comm.). Poweshiek In southwestern Minnesota dry hill skipperling is very limited due in part skipperling are not known to form prairies, Poweshiek skipperling to its short adult life span and single shelters, instead the larvae overwinter oviposition was observed on prairie annual flight. Therefore, the species’ up on the blades of grasses and on the dropseed, little bluestem, big bluestem extirpation from a site is likely stem near the base of the plant (Borkin (Andropogon gerardii), porcupine grass permanent unless it is within about 1 2008, pers. comm.; Dana 2008, pers. (Hesperostipa spartea), and a couple km (0.6 mi) of a site that generates a comm.). Borkin (2008, pers. comm.) unidentified species; a larva was sufficient number of emigrants or is observed larvae moving to the tips of observed feeding on sideoats grama artificially reintroduced to a site; grass blades to feed on the outer and (Dana 2005a, pers. comm.). Poweshiek however, the capability to propagate the thinner edges of the blades, with later skipperlings were observed to oviposit Poweshiek skipperling is currently movement down and among blades. on big bluestem in Wisconsin (Borkin lacking. 2012a, pers. comm.), although Food and Water Habitat indiscriminate oviposition on For the Poweshiek skipperling, unsuitable larval plants has been Poweshiek skipperling habitats preferred nectar plants vary across its observed during high summer include prairie fens, grassy lake and geographic range. Smooth ox-eye temperatures (Borkin 1995a, p. 6). Dana stream margins, moist meadows, and (Heliopsis helianthoides) and purple (2005b, pers. comm.) noted that larvae wet-mesic to dry tallgrass prairie. coneflower were noted as the favored and ovipositing females prefer grasses McCabe and Post (McCabe and Post nectar plants in Iowa, Minnesota, and with ‘‘very fine, threadlike structures’’ 1977a, p. 38) describe the species’ North Dakota (Swengel and Swengel and hypothesized that Poweshiek habitat in North Dakota as ‘‘. . . high 1999, p. 280). Other nectar species used, skipperling lack a specific host and may dry prairie and low, moist prairie in descending order of number of adapt to acceptable plant species at a stretches as well as old fields and observations, were stiff tickseed site. meadows.’’ Royer and Marrone (1992b, (Coreopsis palmata), black-eyed Susan, p. 12) describe Poweshiek skipperling and palespike lobelia (Lobelia spicata) Dispersal habitat in North Dakota and South (Swengel and Swengel 1999, p. 280). On Poweshiek skipperlings are also not Dakota as moist ground in undisturbed drier prairie habitats in Iowa and known to disperse widely; the species native tallgrass prairies. Poweshiek Minnesota, purple coneflower is used was evaluated among 291 butterfly skipperling habitat throughout Iowa and almost exclusively, and the emergence species in Canada as having relatively Minnesota is described as both ‘‘high of the adults corresponds closely to the low mobility; experts estimated dry’’ and ‘‘low wet’’ prairie (McCabe early maturity of this species’ disk Poweshiek skipperling to have a mean and Post 1977a, p. 38). The only florets (Selby 2005, p. 5). On the wetter mobility of 2 (standard deviation = 1.4) documented Illinois record was prairie habitats of Canada and the fen on a scale of 0 (sedentary) to 10 (highly associated with high rolling prairie habitats of Michigan, favored nectar mobile) (Burke et al. 2011, p. 2279; (Dodge 1872, p. 218); the only plants are black-eyed Susan, palespike Fitzsimmons 2012, pers. comm.). A documented Indiana record was from lobelia, sticky tofieldia (Triantha maximum dispersal distance of 1.6 km marshy lakeshores and wetlands

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63589

(Blatchley 1891, p. 398; Shull 1987, p. provide relief from high summer discovery of Poweshiek skipperling 29). temperatures or dry conditions (Royer et populations in the Canadian province of Southern dry prairies in Minnesota al. 2008, pp. 2, 16; Borkin 2012a, pers. Manitoba further extends its known are described as having sparse shrub comm.). Humidity may also be an historical northern distribution cover (less than 5 percent) composed essential factor to larval survival during (Westwood 2010, pp. 7–22; Dupont primarily of leadplant, with prairie rose, winter months since the larvae cannot 2010, pers. comm.). Additional wormwood sage, or smooth sumac take in water during that time and historical accounts of Poweshiek present and few, if any, trees (Minnesota depend on humid air to minimize water skipperling from the States of Montana, DNR 2012a, p. 1). Southern mesic loss through respiration (Dana 2013, Colorado, and Nebraska are likely prairies also have sparse shrubs (5–25 pers. comm.). Royer (2008, pp. 14–15) misidentifications of its western percent cover) consisting of leadplant measured microclimalogical (climate in congener, the Garita skipperling. and prairie rose with occasional a small space, such as at or near the soil Once common and abundant wolfberry (Symphoricarpos surface) levels within ‘‘larval nesting throughout native prairies in eight states occidentalis) and few, if any, trees zones’’ (between the soil surface and 2 and at least one Canadian province, the (Minnesota DNR 2012b, p. 1). cm deep) at six known Poweshiek Poweshiek skipperling and its habitat The disjunct populations of skipperling sites, and found an have experienced significant declines. Poweshiek skipperlings in Michigan acceptable rangewide seasonal The species is considered to be present have more narrowly defined habitat (summer) mean temperature range of 18 at a few native prairie remnants in two preferences, variously described as wet to 21 °C (64 to 70 °F), rangewide states and one location in Manitoba, marshy meadows (Holzman 1972, p. seasonal mean dew point ranging from Canada. The species is presumed 114), bog fen meadows or carrs (Shuey 14 to 17 °C (57 to 63 °F), and rangewide extirpated from Illinois and Indiana, 1985, p. 181), sedge fens (Bess 1988, p. seasonal mean relative humidity and the status of the species is uncertain 13), and prairie fens (Michigan Natural between 73 and 85 percent in four of the six states with relatively Features Inventory 2011, unpubl. data; Canadian populations of Poweshiek recent records (within the last 20 years). Michigan Natural Features Inventory skipperlings are restricted to a single The historical distribution of Poweshiek 2012, unpubl. data); prairie fen is the 2,300-ha (5,683-ac) area in southeastern skipperling may never be precisely currently accepted name for this habitat Manitoba (COSEWIC 2003, p. 5). The known because ‘‘much of tallgrass type. Bess (1988, p. 13) found the wet to mesic tallgrass prairie in this area prairie was extirpated prior to extensive species primarily in the drier portions of is characterized by low relief (1–2 m (3– ecological study’’ (Steinauer and Collins Liberty Fen, Jackson County, dominated 7 ft)), with alternating lower, wetter 1994, p. 42), such as butterfly surveys. by ‘‘low sedges’’ and an abundance of areas and higher, drier prairie; Destruction of tallgrass and mixed-grass nectar sources. Summerville and Poweshiek skipperlings tend to be prairie began in 1830 (Sampson and Clampitt (1999, p. 231) noted that the concentrated on or near the edge of the Knopf 1994, p. 418), but significant population was concentrated in areas higher, drier prairie (COSEWIC 2003, p. documentation of the ecosystem’s dominated by spikerush and that only 8). Spikerush is frequent in the wetter butterfly fauna did not begin until about 10–15 percent of the fen area was areas, and prairie dropseed, black-eyed 1960. Therefore, most of the decline of occupied despite the abundance of Susan, and palespike lobelia are the Poweshiek skipperling probably nectar sources throughout. Poweshiek frequent in the drier areas (COSEWIC went unrecorded. Poweshiek skipperling have been described as 2003, pp. 7–8). skipperling dispersal is very limited due occupying peat domes within larger Prairie fen habitat soils in Michigan in part to its short adult life span and prairie fen complexes in areas either are described as saturated organic soils single annual flight. Therefore, the dominated by mat muhly or prairie (sedge peat and wood peat) and marl, a species’ extirpation from a site is likely dropseed (Cuthrell 2013a, pers. comm.). calcium carbonate (CaCO3) precipitate permanent unless it is within about 1 A few prairie fens in Michigan also (MINFI Web site accessed August 3, km (0.6 mi) of a site that generates a contain other rare butterflies, such as 2012). In other states, soil textures in sufficient number of emigrants or is Mitchell’s satyr and swamp metalmark Poweshiek skipperling habitats are artificially reintroduced to a site. (Cuthrell 2013a, pers. comm.). classified as loam, sandy loam, or loamy Recent survey data indicate that Poweshiek skipperling populations in sand (Royer et al. 2008, pp. 3, 10); soils Poweshiek skipperling has declined to Wisconsin are also disjunct from the in moraine deposits are described as zero or to undetectable levels at 87 population to the west and are gravelly, except the deposits associated percent of sites where it has ever been associated with areas that contain with glacial lakes. recorded. Until about 2003, Poweshiek intermixed wet-mesic, and dry-mesic skipperling was regarded as the most Population Distribution and Occupancy prairie habitats (Borkin 1995b, p. 6). The frequently and reliably encountered dry-mesic habitats contain ‘‘extensive The Poweshiek skipperling is prairie-obligate skipper butterfly in patches of prairie dropseed and little historically known from eight states, Minnesota, which contains nearly 50 bluestem grasses’’ (Borkin 1995b, p. 7). ranging widely over the native wet- percent of all known Poweshiek Survival in wetter areas, which tend to mesic to dry tallgrass prairies from skipperling locations rangewide. burn cooler and less completely, eastern North and South Dakota (Royer Numbers and distribution dropped coupled with low recolonization rates, and Marrone 1992b, pp. 4–5) through dramatically in subsequent years, or the disproportionate loss of wet Iowa (Nekola and Schlicht 2007, p. 7) however, and the species has not been versus dry prairie could give the false and Minnesota (Minnesota DNR, seen in Minnesota since 2007. In Iowa, impression that the wet areas were their Division of Ecological Resources, the Poweshiek skipperling was found at preferred habitat (Borkin 1995b, p. 7). unpubl. data), with occurrences also 2 of 33 sites with previous records Like Dakota skipper, Poweshiek documented in northern Illinois (Dodge surveyed in 2007; the species was last skipperling larvae may be vulnerable to 1872, p. 218), Indiana (Blatchley 1891, observed at one site in 2008. Iowa desiccation during dry summer months p. 898), Michigan (Holzman 1972, p. contains about 14 percent of (Borkin 2012a, pers. comm.) and require 111; McAlpine 1972, p. 83), and documented sites rangewide. movement of shallow groundwater to Wisconsin (Borkin 2011, in litt.; Selby Unidentified threats to the species have the soil surface or wet low areas to 2010, p. 22). The relatively recent acted to extirpate or sharply diminish

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63590 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

populations at all or the vast majority of counted at 1 site, and 0 were detected about 6 percent of all known historical sites in Iowa and Minnesota (Dana 2008, at 6 other sites. Surveys conducted Poweshiek skipperling records. There is p. 16; Selby 2010, p. 7). during the 2012 flight season resulted in one population of Poweshiek South Dakota historically contained zero detections of the species. skipperling in Wisconsin with fairly about 24 percent of the rangewide sites Seven Michigan sites were recently consistent numbers observed over the with documented presence of ranked as having good or better last 5 years (17 to 63 individuals Poweshiek skipperling, although recent ‘‘viability’’, a habitat-based element counted, no consistent measure of surveys in that State also suggest an occurrence rank assigned by the effort) and one population in Manitoba emergent and mysterious decline. The Michigan Natural Features Inventory with fairly consistent numbers species was last observed in South (2011); however, the number of (typically hundreds of individuals Dakota in 2008, at three sites. North individuals observed at a few of those observed each year). To summarize, of Dakota historically contained about six sites has declined in recent years and the 296 documented sites, there are 14 percent of the rangewide sites with the species is presumed extirpated from sites where we consider the Poweshiek documented presence of Poweshiek one of those sites. Currently, four of the skipperling to be present, 131 sites with skipperling; the species was last ten extant occurrences of Poweshiek unknown status, 98 possibly extirpated observed in North Dakota in 2001. skipperling in Michigan are considered sites, and 53 where we consider the Survey efforts in North Dakota have to have good or better viability species to be extirpated (Table 2). The been minimal between 1998 and 2011, (Michigan Natural Features Inventory distribution and status of Poweshiek but surveys conducted in 1997 (2011, unpubl. data). Each of those faces skipperling in each state of known documented more than 10 Poweshiek threats of at least low to moderate historical or extant occurrence are skipperlings at 1 site; 6 individuals were magnitude, and the State contains only described in detail below.

TABLE 2—NUMBER OF HISTORICALLY DOCUMENTED POWESHIEK SKIPPERLING SITES WITHIN EACH STATE AND THE NUM- BER OF SITES WHERE THE SPECIES IS THOUGHT TO BE PRESENT, UNKNOWN, POSSIBLY EXTIRPATED, OR EXTIR- PATED

Percent of the total Possibly extir- number of State Present Unknown pated Extirpated Total historical sites by state

Illinois ...... 3 3 1 Indiana ...... 1 1 0.3 Iowa ...... 4 24 13 41 14 Michigan ...... 10 1 ...... 6 17 6 Minnesota ...... 67 68 7 142 48 North Dakota ...... 10 6 1 17 6 South Dakota ...... 48 ...... 22 70 24 Wisconsin ...... 3 1 ...... 4 1 Manitoba ...... 1 ...... 1 0.3

Total Number of Historically Documented Sites 14 131 98 53 296 ......

Percent of the Total Number of Historical Sites by Occupancy ...... 5% 44% 33% 18% ......

Illinois August 16, 2012). The Web site Iowa maintains a verifiable database on The Poweshiek skipperling species occurrences, but there is no Iowa historically contained historically occurred in Illinois, accessible supporting data for the Lake approximately 14 percent (N= 41) of all although only one historical occurrence known records of Poweshiek and Mason Counties records (Lundh is supported (Table 2). In the early skipperlings rangewide (Table 2). The 2012, pers. comm.). Poweshiek 1870s, Dodge (1872, p. 218) reported Poweshiek skipperling was historically skipperling is, therefore, presumed to be abundant Poweshiek skipperling known to occur at 38 sites in 13 occupying ‘‘the high rolling prairie that extirpated from Illinois. counties in Iowa (Nekola 1995, p. 8; forms the divide between the Illinois Indiana Saunders 1995, pp. 27–28; Selby 2005, and Rock rivers’’ in Bureau County, p. 18; Nekola and Schlicht 2007, p. 7; Illinois. In addition to Bureau County, There is one supported historical Selby 2010, p. 6); however, this number the Web site Butterflies and Moths of occurrence of Poweshiek skipperlings in may vary slightly (up to 41 sites) North America lists Poweshiek Indiana (Table 2). Blatchley (1891, p. depending on how one divides sites skipperling historical occurrences for 898) reported small numbers of along the Little Sioux River in the Lake and Mason Counties, which were Poweshiek skipperlings near Whiting, Freda-Cayler area (Selby 2012a, pers. submitted to the Web site before the Indiana; Shull (1987, p. 49) expressed comm.). Early reports from Parker (1870, date field was required, so a default date confidence that this record is authentic. p. 271) described Poweshiek skipperling of January 1, 1950, was assigned, which The Poweshiek skipperling is as abundant on a prairie slope at is outside of the typical flight period considered extirpated from Indiana. Grinnell, Iowa, while Lindsey (1917, p. (http://www.butterfliesandmoths.org/ 352; 1920, p. 320) noted additional rare species/Oarisma-poweshiek; accessed occurrences in Story, Dickinson,

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63591

Poweshiek, and Woodbury Counties, skipperlings were found at Hoffman has not been observed at the Rattalee Iowa—among these, habitat has long Prairie in Cerro Gordo County in 2008 Road and Fenton Road sites since 1970 since been destroyed in all but (Selby 2009b, p. 3), but none were found and 1973, respectively (Michigan Dickinson County. during surveys in 2009 (Selby 2009b, p. Natural Features Inventory 2011, In 1993–1994, 65 sites were surveyed 7) and 2010 (Selby 2010, p. 7). We unpubl. data). Four Poweshiek in 17 counties where Dakota skipper or initially assigned an unknown status to skipperlings were seen in 2009 at the Poweshiek skipperling had been Hoffman Prairie site because the species Rattalee Lake Fen (Calla C Burr previously recorded or where prairie had not been seen in the last two survey Preserve), but none were observed and butterfly surveys or infra-red years; however, Selby believes that the during surveys conducted in 2010, photography suggested the presence of species may be extirpated from this site 2011, and 2012 (Cuthrell 2012a, pers. Poweshiek skipperling habitat (Selby 2012a, pers. comm.), so we have comm.; Michigan Natural Features (Saunders 1995, pp. 7–8). Among the 65 assigned a status of extirpated to this Inventory 2011, unpubl. data). The sites surveyed, Poweshiek skipperlings site. Michigan Natural Features Inventory were found at 29 sites in 10 counties To summarize, Poweshiek skipperling (MNFI) also considers the two sites in (Saunders 1995, p. 27). In 2000, was historically documented in 41 sites Kent County to be extirpated due to Poweshiek skipperlings were found at in Iowa. The species occupancy is habitat loss and destruction, Lamberton six sites surveyed in and near Cayler unknown at 4 of those sites and the Lake and Button Lake (also known as Prairie and Freda Haffner Kettlehole species is considered to be extirpated or Emerald Lake); the species has not been state preserves in Dickinson County possibly extirpated at 13 and 24 sites, observed at either site since 1968 and (Selby 2000, p. 19). Followup surveys of respectively (Table 2). The species is not 1944, respectively. The species is this complex in 2004, 2005, and 2007, considered to be present at any of the presumed to be extirpated at Whalen however, produced no confirmed sites in Iowa. Lake Fen in Livingston County, where sightings (Selby 2010, p. 6). Extensive Michigan the species has not been observed since surveys were conducted in 2007, and 1998 despite three subsequent years of included 32 of the 38 sites in the State Michigan historically contained surveys (Michigan Natural Features with post-1990 records (Selby 2008, pp. approximately 6 percent (N=17) of all Inventory 2011, unpubl. data). 4, 6). Poweshiek skipperlings were known records of Poweshiek Four of Michigan’s ten extant found at 2 of the 38 sites surveyed— skipperlings rangewide (Table 2). (present) Poweshiek skipperling Hoffman Prairie State Preserve in Cerro Poweshiek skipperling has been occurrences are considered to have at Gordo County and Highway 60 Railroad historically documented at 17 sites in 6 least good viability (Michigan Natural Prairie in Osceola County (Selby 2008, counties in Michigan. The species was Features Inventory 2011, unpubl. data). pp. 6–7). Five of the six sites not first recorded in Michigan in 1893 at Three of these sites (Buckthorn Lake included in the 2007 surveys had very Lamberton Lake near Grand Rapids in (also known as Big Valley), Brandt Road little quality prairie (Selby 2012a, pers. Kent County (Holzman 1972, p. 111) Fen (also known as Holly Fen) and Long comm.). Supplementary surveys and then at nearby Button Lake Fen Lake Fen) are within 20 km (12 mi) of conducted further west along U.S. (also known as Emerald Lake Fen) in one another in Oakland County; all with Highway 18 in Hancock County also 1944 (McAlpine 1972, p. 83). Shrubs relatively large numbers (61–389) of the produced no confirmed sightings (Selby have invaded both sites, however, and species recorded in 2010–2012 surveys 2010, p. 7). No surveys were conducted no Poweshiek skipperlings have been (Michigan Natural Features Inventory at previously known Poweshiek found at either of these two western 2011, unpubl. data; Cuthrell 2012a, skipperling sites in the State during the Michigan sites since 1944 and 1968, pers. comm.). The largest extant 2012 flight season. respectively (Michigan Natural Features (present) Poweshiek skipperling The Poweshiek skipperling is Inventory 2011, unpubl. data). Holzman population in Michigan is at Long Lake presumed extirpated or possibly (1972, p. 111) documented Poweshiek Fen, where 225 individuals (1.3/hr.) extirpated from all but four of the skipperling in Oakland County in 1970, were counted during 2012 surveys, known sites in Iowa. The status of the and the species has since been found at down from 389 individuals (2.2/hr.) Poweshiek skipperling is unknown at a total of 15 locations in eastern observed in the previous survey year four sites: Highway 60 Railroad Prairie, Michigan. with similar sampling effort. Long Lake Floete Prairie in Dickinson County, The Poweshiek skipperling is Fen is likely the largest population of Florenceville Prairie, and Hayden currently considered to be present at ten Poweshiek skipperling in the United Prairie in Howard County. There have sites (Table 2) in four counties in States, and is subjected to intense been no surveys at Highway 60 Railroad Michigan: Jackson, Lenawee, Oakland, development pressure. The fourth site, Prairie since the species was observed and Washtenaw. The species has been Grand River Fen (also known as Liberty there in 2007 (Selby 2012a, pers. observed very recently (2007–2012) at Fen) in Jackson County, is comm.). The last observation of most of those sites, except at the Liberty approximately 100 km (62 mi) from the Poweshiek skipperling at Floete Prairie Bowl Fen in Jackson County, which has other three sites. In 2010, researchers was in 1994 and the habitat ‘‘did not not been surveyed since one individual counted 54 (0.3/hr.) Poweshiek appear to be very good quality’’ in 2007, was observed in 1996. The status of the skipperling at Grand River Fen, and 114 although the site was not surveyed for species is unknown at one site; Bullard (0.6/hr.) in 2011 (Michigan Natural butterflies that year (Selby 2012a, pers. Lake in Livingston County, where Features Inventory 2011, unpubl. data; comm.) or in subsequent years. The Poweshiek skipperling were last seen in Cuthrell 2012a, pers. comm.). This Poweshiek skipperling was last 2007, but not in subsequent surveys in number fell to 14 (0.1/hr.) in 2012 observed at the Florenceville Prairie in 2008 and 2009 (Cuthrell 2012a, pers. (Cuthrell, 2012a, pers. comm.; 2012b, 1994 (Saunders 1995, p. 27), but not comm.). The species is presumed pers. comm.). during the 2007 survey year (Selby extirpated from six sites including the Small populations, immediate threats 2010, pp. 8–11). The species was last only two sites in Kent County and three that have significant impacts on the observed at Hayden Prairie in 2005, but sites in Oakland County; Rattalee Road, species, or both limit the viability of the not during surveys conducted in 2007 Fenton Road, and Rattalee Lake Fen remaining five sites where we consider (Selby 2010, p. 10). Four Poweshiek (Call C Burr Preserve) fens. The species Poweshiek skipperling to still be present

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63592 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

in Michigan. In 2010, eight (0.1/hr.) site records in the State (Dana 2012d, and 1994, respectively (Schlicht and Poweshiek skipperling were recorded at pers. comm; Service 2013, unpubl. Saunders 1995, pp. 5–7). These results Park Lydon in Washtenaw County; 12 geodatabase). Poweshiek skipperling are contrast sharply with those from the individuals were counted in 2011 (0.1/ presumed extirpated or possibly surveys conducted in 2007 and 2008, hr.), and 22 were counted in 2012 (0.2/ extirpated from at least 75 of these when the species was found at four and hr.) (Cuthrell 2012a, pers. comm.). Two known sites. The status of the species is zero percent of sites, respectively. individuals (0.02/hr.) were recorded at unknown at 67 sites, although 31 of Although the species was apparently Goose Creek Grasslands (also known as those locations have not been surveyed more common in 1993 and 1994, Little Goose Lake Fen) in Lenawee since 2003, and the species has numbers of Poweshiek skipperling County in 2010, nine (0.07/hr.) were undergone a sharp decline in the State found during surveys were typically seen in 2011 (Cuthrell 2012a, pers. since then. low. Large numbers were observed at comm.; Cuthrell 2012b, pers. comm.). Until about 2003, the Poweshiek only three sites (Schlicht and Saunders Only one Poweshiek skipperling was skipperling was regarded as ‘‘the most 1995, p. 4). At one of these sites, Glynn seen during a 15-minute 3-person frequently and reliably encountered Prairie, 25 Poweshiek skipperling were survey in 2007 at the Snyder Lake site. prairie-obligate skipper in Minnesota’’ recorded during a 50-minute survey in Fourteen individuals were observed (Dana 2008, p. 1). Signs of the species’ July 1993 (Schlicht and Saunders 1995, during 2008 surveys at Halstead Lake decline in Minnesota were noted in data sheet); no Poweshiek skipperling Fen (Michigan Natural Features 2003 when Selby (2005, p. 20) found were observed at this site during the Inventory 2011, unpubl. data), and 18 sharply lower numbers in and near 2007 survey despite good survey were observed in 2012 (Cuthrell 2012a, Glacial Lakes State Park (Selby 2005, p. conditions (Selby 2009a, p. xxxv). pers. comm.); neither survey year had 20) compared to those observed in 2001 In 2007, multiple transect surveys units of effort associated with the counts (Skadsen 2001, pp. 22–24). For example, were conducted in four sites with at this site. One individual was counted numbers recorded along four transects previously well-documented Poweshiek at Bullard Lake fen in 2007, but the that were surveyed in both years skipperling populations—transects species was not observed in the two decreased from 104 to 2 individuals totaling 52,985 m (33 mi) were surveyed most recent survey years (2008 and (Selby 2006b, Appendix 2, p. ii). In 2004 without observing a single Poweshiek 2009); therefore, the status is unknown and 2005, Selby (2006b, Appendix 2, p. skipperling (Dana 2008, p. 5). About at that site. We have only one year of 2) did not record a single Poweshiek half of these transects (totaling 20,959 m data from Liberty Bowl Fen, where the skipperling on any of these transects in (13 mi)) were in Prairie Coteau species was recorded in 1996. The Eaton and around the park during 11 separate Scientific and Natural Area (SNA), Road Fen is thought to be fairly viable, surveys. where in 1990 Selby recorded 116 where 15–20 individuals were observed An extensive survey effort was Poweshiek skipperlings during the flight on multiple occasions in 2005 and a conducted in 2007 and 2008 throughout peak (Selby and Glenn-Lewin 1990, pp. high of 68 individuals were observed in most of the species’ known range in the 19–20) along a total of about 6,250 m (4 2011 (Cuthrell 2013b, pers. comm.). The State (Selby 2009a, entire). Sites with mi) of transects (Dana 2008, p. 16). No Eaton Road site is approximately 1 mi previous Poweshiek skipperling records Poweshiek skipperling were observed (0.6 km) from the Long Lake Fen site that were considered to have the during surveys of the Prairie Coteau and is considered a sub-site within Long greatest conservation importance to the SNA in 2012 (Runquist 2012, pp. 9–10). Lake Fen (Cuthrell 2013b, pers. comm.), species (large, high-quality prairie Additional surveys were conducted in but we consider it to be a separate site remnants) were surveyed, as well as 2012, however, Poweshiek skipperling for the purposes of this rule. sites with no previous records that were not observed at any of the 18 sites To summarize, Poweshiek skipperling appeared likely to support the species with relatively recent records (Runquist was historically documented in 17 sites (Selby 2009a, p. 2). In 2007, 70 sites in 2012, pp. 4–25; Selby 2012, p. 2; Selby in Michigan (Table 2). The species is 15 counties were surveyed, including 26 2013, p. 2; Dana 2012c, pers. comm.; considered to be present at 10 of the sites with previous Poweshiek Runquist 2012a, pers. comm.; Olsen sites. The occupancy is unknown at 1 skipperling records (Selby 2009a, pp. 1, 2012a, pers. comm.). Fifteen additional site, and the species is considered to be 6). In 2008, 58 sites were surveyed in 13 prairie sites with potential habitat or extirpated at 6 sites. counties, including 22 sites with prior records of other skippers were surveyed records (Selby 2009a, pp. 1, 6). A total in 2012, but no Poweshiek skipperling Minnesota of 34 sites with previous Poweshiek were observed (Runquist 2012, pp. 4– Minnesota historically contained skipperling records were surveyed in 25; Selby 2012, p. 2; Selby 2013, p. 2; approximately 48 percent (N=142) of all both years combined. Poweshiek Dana 2012c, pers. comm.; Runquist known records of Poweshiek skipperling presence was recorded on 2012a, pers. comm.; Olsen 2012a, pers. skipperlings rangewide (Table 2). There only three of the 70 surveyed sites in comm.). are approximately 189 historical 2007; each of these three sites had just Nearly half (approximately 48 Poweshiek skipperling occurrence one confirmed individual (Selby 2009a, percent) of all documented Poweshiek records in 32 counties in Minnesota p. 1). The 2008 surveys documented no skipperling sites rangewide are in [Minnesota Natural Heritage Inventory Poweshiek skipperling records on any of Minnesota, thus the apparent collapse of (MN NHI) database accessed June 19, the 58 sites surveyed (Selby 2009a, p. 1). large numbers of Poweshiek skipperling 2013, plus additional surveys]. Clusters An extensive survey effort was also populations across the State may pose a of records occur within five general completed in 1993 and 1994 (Schlicht significant challenge for the long-term areas from the State’s southwest corner and Saunders 1994, entire; Schlicht and existence of this species. Although the to near the Canadian border in the Saunders 1995, entire). During those possibility remains that the species is north. Based on the proximity of some surveys, Poweshiek skipperlings were extant at some sites where recent (2007, occurrences to one another (e.g., found in 11 of 19 sites on which it had 2008, or 2012) surveys were negative, it overlapping or occurrences in close been previously recorded and in 13 new seems unlikely that it is present at those proximity to one another in one general sites, for a total of 25 of 63 surveyed sites in any significant numbers. location), there appear to be prairie sites; the species was present at Extensive surveys in 1993 and 1994 approximately 142 distinct historical 30 and 39 percent of the sites in 1993 documented the species at about 35

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63593

percent of all surveyed sites, whereas represented by incomplete or unknown at 10 sites, and the species is the 2007 effort found them at only about ambiguous locality data and the species considered to be extirpated or possibly 2 percent of all sites surveyed; no was assumed to be extirpated at one site extirpated at 1 and 6 sites, respectively Poweshiek skipperling were detected (Royer and Marrone 1992b, pp. 8–11). (Table 2). despite widespread and robust survey Surveys conducted in the State after South Dakota efforts involving multiple observers in 1992 documented additional 2008 or 2012 (Dana 2008, p. 8; Selby populations, but the most recent surveys South Dakota historically contained 2009a, p. 1; Dana 2012c, pers. comm.; at these sites were mostly negative. approximately 24 percent (N=70) of all Runquist 2012a, pers. comm.; Olsen Orwig discovered eight new populations known records of Poweshiek 2012, pers. comm.; Runquist 2012, pp. of Poweshiek skipperling (six in skipperlings rangewide (Table 2). The 4–25; Selby 2012, p. 2, 2013, p. 2). Richland County and two in Sargent Poweshiek skipperling has been To summarize, Poweshiek skipperling County) during three years of survey historically documented at was historically documented in work (1995–1997) in southeast North approximately 70 sites (Table 2) across approximately 142 sites in Minnesota Dakota (Orwig 1995, pp. 3–4; Orwig 10 counties in South Dakota (Selby (Table 2). The species is not considered 1996, pp. 4–6, 9–12; Orwig 1997, p. 2). 2010, p. 19). Based on expert review and to be present at any of these sites (Table The species was found at two of the additional survey and habitat 2). The occupancy is unknown at 67 eight sites surveyed in 1997 (Orwig information, the status of the species sites, and the species is considered to be 1997, p. 2) and at two additional sites was determined to be unknown at 48 extirpated or possibly extirpated at 7 in 1996 (Spomer 2004, p. 11). sites and presumed extirpated at the and 68 sites, respectively (Table 2). Once abundant at several known sites remaining 22 sites (Table 2); at least 8 in North Dakota, Poweshiek of the extirpated sites have been North Dakota skipperlings have experienced a destroyed by conversion, gravel mining, North Dakota historically contained dramatic decline over the last few loss of native vegetation, flooding, or approximately 6 percent (N=17) of all decades. In 1977, McCabe and Post heavy grazing (Skadsen 2012c, pers. known records of Poweshiek (1977a, p. 38), for example, found comm.). skipperlings rangewide (Table 2). Poweshiek skipperling to be abundant at The Poweshiek skipperling was not Poweshiek skipperlings have been McLeod Prairie in Ransom County, detected at any site that was surveyed historically documented at 17 sites stating that they could ‘‘be collected two between 2009 and 2012: 6 sites in 2009, (Table 2) in 7 North Dakota counties at a time on the blossoms of Long- 10 sites in 2010, 1 sites in 2011, and 10 (Selby 2010, p. 18; Service 2013, headed coneflower…’’ In six years of sites in 2012 (Skadsen 2009, p. 12; unpubl. geodatabase): Cass, Dickey, subsequent monitoring (1986–1991), Skadsen 2011, p. 5; Skadsen 2010, pers. LaMoure, Ransom, Richland, and however, Royer failed to find a single comm.; Skadsen 2012a, pers. comm.; Sargent in the southeastern corner of the Poweshiek skipperling at the site after it Skadsen 2012, p. 3). The 2009 to 2012 State and Grand Forks County in the was converted to a cattle-loading area results are in marked contrast to surveys Northeast. Poweshiek skipperling are (Royer and Marrone 1992b, p. 10). Royer conducted in 2002 when the species now considered extirpated or possibly and Marrone (1992b, pp. 10–11) was recorded at 23 of 24 sites surveyed extirpated from seven sites and four assumed the species had been (Skadsen 2003, pp. 11–45). Cool and counties (Cass, Dickey, LaMoure, and extirpated at this site. Similarly, the wet weather may have depressed Grand Forks) in North Dakota. The number of Poweshiek skipperlings butterfly populations, in general, in status of the species is unknown at 10 recorded during surveys at the West eastern South Dakota and west-central sites, where the species was last Prairie Church site along the boundary Minnesota in 2009 as it apparently did observed between 1996 and 2001, but of Cass and Richland counties, fell from in 2004 (Skadsen 2004, p. 2; Skadsen not during the most recent 1–2 year(s) hundreds in 1986, to four in 1990 and 2009, p. 2). surveyed. The status of the species is zero in 1991 and 2012 (Royer and Wisconsin also unknown at one site where the Marrone 1992b, p. 8; Royer and Royer species was observed in 1996 with no 2012b, p. 21). Poweshiek skipperlings Wisconsin historically contained recent surveys for the species, but the are unlikely to persist at this small and approximately 1 percent (N=4) of all habitat was recently rated as poor isolated site (Royer and Royer 2012b, p. known records of Poweshiek (Service 2013, unpubl. geodatabase). 21; Royer 2012c, pers. comm.). skipperlings rangewide (Table 2). Four sites with fairly recent Poweshiek The last observation of a live Naturalists reported Poweshiek skipperling records were surveyed in Poweshiek skipperling in North Dakota skipperling to be common to abundant 2012; Poweshiek skipperling were not was in 2001, at a new site discovered by on prairies in southeastern Wisconsin in found at any of those sites (Royer and Spomer (2001, p. 9) in Ransom County. the late 1800s (e.g., in Milwaukee and Royer 2012b, pp. 21–24; Royer and Poweshiek skipperlings were not found Racine Counties), although exact Royer 2012a, p. 6). One additional site in subsequent surveys at this site in localities are unknown (Borkin 2011, in was surveyed, which had the potential 2002, 2003, and 2012 (Spomer 2001, p. litt.; Selby 2010, p. 22). By 1989, for Poweshiek skipperling presence 2; Spomer 2002, p. 3; Spomer 2004 p. however, the species was listed as State because of its proximity to a known site 36; Selby 2010, p. 18; Royer and Royer endangered (Borkin 2011, in litt.). The for the species; however, no Poweshiek 2012b, p. 22), although the 2012 survey Poweshiek skipperling is considered to skipperling were found (Royer and may have been conducted too late in the be present at three sites in Wisconsin Royer 2012b, pp. 18–19; Royer and year to detect the species at that site (Table 2); two sites are within the Royer 2012a, p. 6; Royer 2012b, pers. (Royer 2012b, pers. comm; Royer 2012d, Southern Unit of the Kettle Moraine comm.). pers. comm.). Therefore, the status of State Forest in Waukesha County. The The Poweshiek skipperling was the species at this site is unknown. third site, Puchyan Prairie State Natural known from seven North Dakota sites To summarize, Poweshiek skipperling Area (SNA), is approximately 100 km across six counties in the 1990s; was historically documented in 17 sites (62 mi) to the northwest of the Kettle however, only two of those sites were in North Dakota (Table 2). The species Moraine State Forest in Green Lake considered to have extant populations at is not considered to be present at any of County. The status of the species is that time; three records were these sites (Table 2). The occupancy is unknown at another site within the

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63594 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

Kettle Moraine State Forest. An Low Prairie SNA was overgrown by and the occupancy is unknown one site additional 2010 record of a butterfly was shrubs including willows (Salix spp.), (Table 2). incorrectly identified as a Poweshiek quaking aspen (Populus tremuloides), Manitoba skipperling at Melendy’s Prairie Unit of and glossy buckthorn (Frangula alnus) the Scuppernong Prairie SNA (Borkin and has been managed with a series of Manitoba historically contained less 2012b, pers. comm.). controlled burns, in addition to a 1975 than 1 percent (N=1) of all known The two occurrences of Poweshiek wild fire (Borkin 2011, in litt; Borkin records of Poweshiek skipperlings skipperling in the Kettle Moraine State 2012a, pers. comm.; Wisconsin DNR rangewide (Table 2); however, multiple Forest inhabit small areas that were 2012, in litt). The highest number Poweshiek skipperling historical once part of a larger prairie complex, recorded at the Kettle Moraine Low records occur in one general location— which was fragmented by conversion to Prairie SNA was 28 on July 8, 1995 a complex of several nearby small sites agriculture, other human development, (Borkin 2012a, pers. comm.). within the Tallgrass Prairie Preserve—in and encroachment of woody vegetation Preliminary attempts in 2000 to 2003 to far southern Manitoba, near the United (Borkin 2011, in litt.). The larger of the augment the population with adults States border. Poweshiek skipperlings two populations at Kettle Moraine State from Scuppernong SNA and captive- were first recorded in Canada near Vita, Forest inhabits a 6-ha (15-ac) prairie reared larvae were not successful Manitoba, in 1985 at each of seven remnant on Scuppernong Prairie SNA, (Borkin 2012a, pers. comm.). A single prairies surveyed, and populations were which had record counts exceeding 100 Poweshiek skipperling was sighted described as abundant but localized individuals in 1994, 1995, 1998, and there on July 2, 2004, but none were (Catling and Lafontaine 1986, p. 63). 1999 (Borkin 1995a, p. 10; Borkin 1996, found in surveys conducted in 2007– Poweshiek skipperlings were found at p. 7; Borkin 2000b, p. 4; Borkin 2011, 2009 and 2011–2012 (Borkin 2011b, 15 of 18 locations surveyed within the in litt.). Four were found in 2007 pers. comm.; Borkin 2012a and 2012c, same area in 2002 (COSEWIC 2003, p. (Borkin 2008, in litt., p. 1), although pers. comm.). Two Poweshiek 5). The Poweshiek skipperling is these data were collected during a single skipperlings were recorded in 2010 at currently present at one location in transect survey that may have been early this site (Wisconsin DNR2012, in litt.); Canada, The Nature Conservancy’s Tall in the flight season and are, therefore, however, there were no photographs or Grass Prairie Preserve near Vita, not comparable to other survey years voucher specimens to confirm the Manitoba (Westwood 2010, p. 2; (Borkin 2012a, pers. comm.). A sighting. This site was surveyed less Westwood et al. 2012, p. 1; Hamel et al. maximum count of 42, 17, 63, and 45 intensively than Scuppernong Prairie, 2013, p. 1). Poweshiek skipperlings were counted in 2009, 2010, 2011, and because of the species’ relatively low were historically moderately common in 2012, respectively (Borkin 2011a, pers. density and abundance at Kettle comm.; Borkin 2012c, pers. comm.). areas of the preserve (Klassen et al. Moraine Low Prairie SNA (Borkin 1989, p. 27). In 2002, Webster (2003, p. There was some concern that a 2012a, pers. comm.). Extensive brush controlled burn in late March of 2012 5) counted approximately 150 cutting, additional burns, and individuals, and in 2006, approximately may correlate with lower numbers restoration of the hydrology have been observed during the 2012 flight (Borkin 126 individuals were sighted across 10 undertaken in recent years (Borkin sites (Westwood 2010, p. 3). Surveys of 2012a, pers. comm.); however, this 2012a, pers. comm.). difference is within the range of 10 sites in 2008 and 2009 yielded 281 Poweshiek skipperlings are present at variation observed over the previous and 79 Poweshiek skipperlings, a third site in Wisconsin, Puchyan four years (Wisconsin DNR 2012, in respectively (Dupont 2010, pers. Prairie SNA, in Green Lake County, litt.). comm.). Poweshiek skipperling After brush was cleared from the area although this population is small and numbers in the preserve declined in 2002, a small number of Poweshiek declining (Borkin 2009, pers. comm.). sharply after a 647-ha (1,600-ac) wildfire skipperlings were discovered the The Poweshiek skipperling was first in fall 2009 burned much of the species’ following year in a small isolated prairie discovered at Puchyan Prairie in 1995, habitat, including areas that likely remnant patch at a second site in the and 6 to 30 individuals have been contained the largest and highest Kettle Moraine State Forest, (Borkin in recorded in subsequent surveys (Borkin density populations (Westwood 2010, p. litt. 2008). Once the intervening woody 2008, in litt.; Swengel 2012, pers. 2); surveys of comparable effort to the growth was removed, individuals comm). In 2012, Swengel (2012, pers. 2008 and 2009 surveys yielded only 13 presumably dispersed from the comm.) found a maximum of three Poweshiek skipperlings on the preserve Scuppernong SNA remnant prairie to a individuals, despite several hours of in 2010 (Westwood 2010, pp. 7–22). small habitat patch about 200 ft (61 m) searching over three days. Surveys of 45 sites within the Tall Grass away (Borkin 2012a, pers. comm.). Additional sites in eight counties Prairie Reserve during 2011 resulted in Surveys at each habitat patch have (Crawford, Grant, Iowa, Jefferson, 13 sites with positive sightings, 9 of consistently yielded counts of less than Monroe, Rock, Sauk, and Walworth) which were new sites (Westwood et al. 10 (Borkin 2008, in litt.), with a have been surveyed in an attempt to 2012, p. 11; Dupont 2011, pers. comm.). combined high count of 11 to 15 find undiscovered Poweshiek The average number of Poweshiek individuals in 2011. A total of six skipperling populations. Four of the skipperlings found at each site ranged individuals, with a high single day eight sites surveyed in 1998 and 1999 from 10 to 15 per hour. These numbers count of three, were observed in eight seemed to have adequate host plants, are up considerably from 2010, but not surveys during 2012 (Borkin 2012c, nectar resources, and size typical of as high as observed in 2008 (Dupont pers. comm.; Borkin 2012a, pers. Poweshiek skipperling habitat, but 2011, pers. comm.). In 2012, a total of comm.). Poweshiek skipperling were not present 50 individuals were observed, which The status of the Poweshiek at any of the sites (Borkin 2000b, pp. 5– was ‘‘low when compared to historic skipperling is unknown at a third and 7). densities’’ (Hamel et al. 2013, p. 17). much larger fragment of Kettle Moraine To summarize, Poweshiek skipperling The preserve has detailed management State Forest, the Kettle Moraine Low was historically documented in 4 sites recommendations to facilitate recovery Prairie SNA, which is adjacent to the in Wisconsin (Table 2). The species is of the Poweshiek skipperling Wilton Road site. The Kettle Moraine considered to be present at three sites (Westwood 2010, p. 5).

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63595

Following an assessment and status defined in the Background section of due to invasive species encroachment report completed in 2003 under the this proposed rule. Although we did not (Skadsen 2009, p. 9). Committee on the Status of Endangered evaluate every stressor at all 145 Destruction of native tallgrass and Wildlife in Canada (COSEWIC), the Poweshiek skipperling sites with mixed-grass prairie began in 1830 Poweshiek skipperling was listed under present or unknown occupancy, the 68 (Samson and Knopf 1994, pp. 418–419). the Species at Risk Act as Threatened in sites that were evaluated are Extant populations of Dakota skipper Canada in July 2005 (COSEWIC 2003). representative of all those sites in terms and Poweshiek skipperling are A recovery strategy is now in place for of geography (sites in Iowa, Michigan, restricted to native prairie remnants and the species in Canada (Environment Minnesota, North Dakota, South Dakota, prairie fens; native prairies have been Canada 2012), which includes critical and Wisconsin were evaluated), reduced by 85 to 99.9 percent of their habitat designations within and adjacent ownership, and management. To former area throughout the historical to the Tall Grass Prairie Preserve determine the levels of impact to the range of both species (Samson and (Environment Canada 2012, p. ii). population at each site, we used the best Knopf 1994, pp. 418–419). Degradation available and most recent information, and destruction of habitat occurs in Summary of Factors Affecting the including reports, discussions with site many ways, including but not limited Species managers, and information from natural to: conversion of native prairie to Section 4 of the Act (16 U.S.C. 1533), heritage databases (Service 2012, cropland or development; ecological and its implementing regulations at 50 unpubl. data; Service 2013, unpubl. succession to woody vegetation; CFR Part 424, set forth the procedures geodatabase). We only evaluated a encroachment of invasive species; past for adding species to the Federal Lists particular stressor at any one site if we and present fire, haying, or grazing of Endangered and Threatened Wildlife had sufficient information to determine management that degraded or destroyed and Plants. Under section 4(a)(1) of the if the level of impact was high, medium, the species’ habitats; flooding; and, Act, we may list a species based on any or low (as defined below); therefore, the groundwater depletion, alteration, and of the following five factors: (A) The number of sites evaluated varies with contamination, which are discussed in present or threatened destruction, each stressor. further detail below. modification, or curtailment of its We evaluated the level of impact to habitat or range; (B) overutilization for Factor A. The Present or Threatened the population at each site of several commercial, recreational, scientific, or Destruction, Modification, or habitat-related stressors at 170 Dakota educational purposes; (C) disease or Curtailment of Its Habitat or Range skipper sites where the occupancy predation; (D) the inadequacy of Habitat quality is a powerful status of the site is considered to be existing regulatory mechanisms; and (E) determinant of extinction probability in present or unknown, as defined in the other natural or manmade factors butterflies such as the Dakota skipper Background section of this proposed affecting its continued existence. Listing and Poweshiek skipperling (Thomas et rule (Table 3). These 170 sites are found actions may be warranted based on any al. 2001, p. 1795). Among butterfly across the current range of the species of the above threat factors, singly or in species in the United Kingdom, for in Minnesota, North Dakota, and South combination. Each of these factors is example, equilibrium density of Dakota. Two sites with an unknown or discussed below. butterflies at sites with optimum habitat present occupancy were not evaluated. We evaluated the level of impact to are from 25 to more than 200 times To determine the levels of impact to the the population at each site of stressors greater than those for occupied sites population at each site, we used the best at 170 Dakota skipper sites where the with suboptimal, yet suitable, habitat available and most recent information occupancy status of the site is (Thomas 1984, cited in Thomas et al. for each site, including reports, considered to be present or unknown, as 2001, p. 1794). Consistently good discussions with site managers, defined in the Background section of habitat quality is especially important information from natural heritage this rule. These 170 sites are found for Dakota skipper and Poweshiek databases, etc. (Service 2012, unpubl. across the current range of the species skipperling isolated populations, which data; Service 2013, unpubl. in Minnesota, North Dakota, and South would not be naturally recolonized if geodatabase). We only evaluated a Dakota. Two Dakota skipper sites with they were extirpated. Protection or stressor to the population at any one site an unknown or present occupancy were restoration of habitat quality at these if we had sufficient information to not evaluated. To determine the levels isolated sites is critical to the survival determine if the level of impact was of impact to the population at each site, of both species, although stochastic high, medium, or low as defined for we used the best available and most events still pose some risk, especially each stressor below. Similarly, the level recent information for each site, for smaller populations and at small of impact to the population was including reports, discussions with site sites. evaluated at 68 Poweshiek skipperling managers, information from natural The Poweshiek skipperling and sites with present or unknown status heritage databases, etc. (Service 2012, Dakota skipper depend on a diversity of (Table 4). Although we did not evaluate unpubl. data; Service 2013, unpubl. native plants endemic to tallgrass Factor A stressors at all 145 Poweshiek geodatabase). We only evaluated a prairies and, for the Poweshiek skipperling sites with present or stressor to the population at any one site skipperling in Michigan, prairie fens. unknown occupancy, the 68 sites that if we had sufficient information to When nonnative or woody plant species were evaluated are representative of all determine if the level of impact was become dominant, Poweshiek the present or unknown Poweshiek high, medium, or low as defined for skipperlings and Dakota skippers skipperling sites in terms of geography each stressor below; therefore, the decline due to insufficient sources of (range of the species, i.e., sites in Iowa, number of sites evaluated varies with larval food and nectar for adults. For Michigan, Minnesota, North Dakota, each stressor. example, at Wike Waterfowl Production South Dakota, and Wisconsin were We evaluated the level of impact to Area in Roberts County, South Dakota, evaluated), ownership, and the species from stressors at 68 the extirpation of Poweshiek skipperling management. Many sites for both Poweshiek skipperling sites where the is attributed to the deterioration of species (59 sites for Dakota skipper and occupancy status of the site is native vegetation, in particular, the loss 32 sites for Poweshiek skipperling) considered to be present or unknown, as of nectar sources for adult butterflies experience at least two habitat-related

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63596 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

stressors at a medium or high level of impact (Tables 3 and 4).

TABLE 3—NUMBER OF DAKOTA SKIPPER SITES WITH EACH LEVEL OF IMPACT AND THE TOTAL NUMBER OF SITES THAT WERE RATED FOR EACH TYPE OF STRESSOR—A TOTAL OF 170 DAKOTA SKIPPER SITES WITH EITHER PRESENT OR UNKNOWN STATUS WERE EXAMINED; ONLY SITES WITH SUFFICIENT DATA FOR A PARTICULAR STRESSOR WERE RATED AS HIGH, MEDIUM, OR LOW (SERVICE 2012 UNPUBL. DATA; SERVICE 2013, UNPUBL. DATA)

Medium Total Stressor High level of level of Low level of number of impact impact impact rated sites

Destruction & Conversion (Agricultural & Nonagricultural Development) ...... 3 87 60 150 Wind Development ...... 1 0 8 9 Flooding ...... 0 6 6 12 Invasive Species ...... 13 31 18 62 Fire ...... 9 4 6 19 Grazing ...... 10 29 14 53 Haying & Mowing ...... 2 11 27 40 Lack of Management ...... 10 5 3 18 Size/Isolation ...... 50 35 58 143 Herbicide and/or Pesticide Use ...... 5 2 9 16

TABLE 4—NUMBER OF POWESHIEK SKIPPERLING SITES WITH EACH LEVEL OF IMPACT AND THE TOTAL NUMBER OF SITES THAT WERE RATED FOR EACH TYPE OF STRESSOR—A TOTAL OF 68 POWESHIEK SKIPPERLING SITES WITH EITHER PRESENT OR UNKNOWN STATUS WERE EXAMINED; ONLY SITES WITH SUFFICIENT DATA FOR A PARTICULAR STRESSOR WERE RATED AS HIGH, MEDIUM, OR LOW (SERVICE 2012 UNPUBL. DATA; SERVICE 2013, UNPUBL. DATA)

Medium Total Stressor High level of level of Low level of number of impact impact impact rated sites

Destruction & Conversion (Agricultural & Nonagricultural Development) ...... 1 13 40 54 Wind Development ...... 0 0 6 6 Flooding/Hydrology ...... 2 4 14 20 Invasive Species ...... 9 30 12 51 Fire ...... 7 3 14 24 Grazing ...... 7 14 2 23 Haying & Mowing ...... 0 3 7 10 Lack of Management ...... 5 6 2 13 Size/Isolation ...... 25 24 19 68 Herbicide and/or Pesticide Use ...... 3 1 6 10

Destruction and Conversion of Prairies and Knof 1994, p. 419). Destruction of (Royer and Royer 1998, p. 22; Lenz tallgrass and mixed-grass prairie began 1999b, p. 13), where the flat topography Destruction and Conversion of Prairies in 1830, but significant documentation and high water table facilitate to Agricultural Land of the ecosystem’s butterfly fauna did conversion to irrigated crop production. Conversion of prairie for agriculture not begin until about 1960. Therefore, Populations of Dakota skipper in may have been the most influential most of the decline of the Dakota Manitoba typically occupy flat terrain factor in the decline of the Poweshiek skipper and Poweshiek skipperling that may be vulnerable to conversion to skipperling and Dakota skipper since probably went unrecorded. cropland, although soil conditions may Euro-American settlement, but the Since about 1980, observers have be unsuitable for row crops at some of threat of such conversion to extant documented the extinction of several these sites (Webster 2003, p. 10). populations is not well known and may populations of the Dakota skipper and Similarly, conversion of native prairie to now be secondary to other threats. By Poweshiek skipperling due to habitat cropland continues to be a threat to 1994, tallgrass prairie had declined by conversion to agricultural use in the Poweshiek skipperling habitat 99.9 percent in Illinois, Iowa, Indiana, United States and Canada. For example, throughout its range (Royer and North Dakota, Wisconsin, and Manitoba; four Dakota skipper sites in North Marrone 1992b, p. 17). and by 99.6 percent in Minnesota; and Dakota were converted to irrigated The Dakota skipper, and until 85 percent in South Dakota (Samson potato fields, and one in South Dakota recently, the Poweshiek skipperling, and Knof 1994, p. 419). Samson and was converted for crop production have largely persisted in areas that are Knof (1994, p. 419) did not provide a (Royer and Marrone 1992a, p. 17). The relatively unsuitable for row crop figure for the decline of tallgrass prairie Fannystelle site in Manitoba, where the agriculture because of their steep terrain in Saskatchewan, but mention an 81.3 Dakota skipper was last recorded in (e.g., in the Prairie Coteau of South percent decline in mixed grasses from 1991, was subsequently converted for Dakota) or where soils are too wet or historical levels. By 1994, mixed-grass row-crop agriculture (Webster 2003, p. rocky for row-crop agriculture (McCabe prairie had declined from historical 7). In North Dakota, further conversion 1981, pp. 189–190, Webster 2003, p. 10). levels by 99.9 percent in Manitoba and is a threat to Dakota skippers in the Densely spaced, large glacial rocks, for 71.9 percent in North Dakota (Samson important Towner-Karlsruhe complex example, may have deterred cultivation

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63597

at the Chippewa Prairie in Minnesota the Felton Prairie complex (Cochrane (Westwood et al. 2012, p. 18). Oil and and ‘‘spared Chippewa Prairie in and Delphey 2002, pp. 16–17); however, gas development can double the density Minnesota from the plow’’ (Dana 2012, the Clay County Stewardship Plan of roads on range lands (Naugle et al. pers. comm.). In areas where Poweshiek (Felton Prairie Stewardship Committee 2009, pp. 11, 46), increase pipelines, skipperling and Dakota skipper habitat 2002) may have reduced the likelihood and increase the number of gravel pits persists but is adjacent to agriculture, of the gravel mining stressor to to accommodate the increased road added nutrients from agricultural runoff populations at this complex. On at least construction (Mueller 2013, pers. affects groundwater and additional seven sites in Minnesota, Dakota comm.). In areas with ranching, tillage nutrients in the system contribute to the skippers inhabit northern dry prairie agriculture, and oil and gas dominance of invasive plants (Fiedler plant communities, which are generally development, 70 percent of the and Landis 2012, p. 51: Michigan impacted by gravel mining due to the developed land was within 100 m (109 Natural Features Inventory 2012, p. 4). predominance of gravel soils (Minnesota yards (yd)), and 85 percent of the In summary, conversion for DNR 2006, p. 221). Gravel mines are developed land was within 200 m (218 agriculture on lands suitable for such considered a stressor with a high level yd), of a human structure (Naugle et al. purposes is a current, ongoing stressor of impact to populations of both species 2009, p. 11). Researchers estimated that of high level of impact to the Poweshiek because, where it occurs, the habitat is in those areas, every square km (0.39 skipperling and Dakota skipper completely destroyed. square miles) of land may be both populations in areas where such lands Energy development (oil, gas, and bounded by a road and bisected by a still remain. Advances in technology wind) and associated roads and power line (Naugle et al. 2009, p. 11). may also increase the potential of facilities result in the loss or The habitat fragmentation associated conversions in areas that are currently fragmentation of suitable prairie habitat with oil and gas development may unsuitable for agriculture. (Reuber 2011, pers. comm.). Much of the amplify other threats to both species, We rated the level of impact to the Dakota skipper’s range and some of the such as the effects of population populations of the stressor posed by Poweshiek skipperling’s range overlaps isolation and the impacts of stochastic habitat destruction or conversion for with major areas of oil and gas events. both agriculture and nonagricultural development, which have been Energy development has additional purposes (except for conversion for increasing rapidly in parts of both undesirable and potentially significant wind energy development, which was species’ ranges. North Dakota, for cumulative impacts on wildlife. analyzed separately) at 150 Dakota example, is now one of the top two oil- Catastrophic events, such as oil and skipper and 54 Poweshiek skipperling producing states in the United States, brine spills, could cause direct mortality sites with present or unknown status and new development is occurring of Dakota skipper or Poweshiek (see Tables 3 and 4) where we had rapidly (MacPherson 2012, p. 1; North skipperling larvae that are in shelters at sufficient information to evaluate the Dakota Petroleum Council 2012, p. 1). or below the soil surface. Such spills stressor. In our evaluation of this The number of drilling permits in North may also cause the loss of larval host stressor, we combined agricultural and Dakota nearly doubled between 2007 and nectar plants in the spill path. nonagricultural impacts—our analyses and 2008, from 494 permits issued in Additional plants may be lost during are discussed below (see Destruction 2007 to 946 in 2008 (North Dakota spill response, particularly if the and Conversion of Prairies due to Petroleum Council 2009, p. 2). Permits response involves burning. No such Nonagricultural Development). dropped to 627 in 2009 (North Dakota spills are known to have occurred in the Destruction and Conversion of Prairies Petroleum Council 2010, p. 2), but region, however, and the likelihood of to Nonagricultural Development increased dramatically to 1,676 in 2010 spills occurring on the small fraction of (Ogden 2011, p. 1). While much of the land that remains native tallgrass prairie Conversion of prairie for oil activity is currently occurring in in North Dakota (less than one percent nonagricultural land uses, such as areas of native prairie overlaying the according to Samsom and Knoff 1994, p. energy development, gravel mining, Bakken and Three Forks formations to 419) is low. transportation, and housing are stressors the west of known locations for both Wind energy turbines and associated to both Poweshiek skipperling and species, mineral exploration has infrastructure (e.g., maintenance roads) Dakota skipper populations. For occurred in all but one county in North are likely stressors to Dakota skipper example, a site where the Dakota Dakota (North Dakota Petroleum and Poweshiek skipperling populations, skipper and Poweshiek skipperling were Council 2012, p. 1). McKenzie County particularly on private land in South recorded in 1997 (Skadsen 1997, pp. falls in the center of this development Dakota (Skadsen 2002, p. 39; Skadsen 15–16, B–1) in the Bitter Lake area of and McHenry County is also within 2003, p. 47; Skadsen 2012d, pers. Day County, South Dakota, is now a these formations (Mueller 2013, pers. comm.). Similar to oil and gas gravel pit, and the species’ habitat no comm.). The oil development on the development, wind development would longer exists there (Skadsen 2003, pp. Bakken formation in North Dakota, for destroy native prairie habitat in the 47–48). example, is a future stressor to Dakota footprint of the structure, add access Almost all prairie remnants with skipper populations in McKenzie roads and other infrastructure that may Poweshiek skipperling and Dakota County (Royer and Royer 2012b, p. 16). further fragment prairies, and could be skipper populations are associated with Oil company officials anticipate that catalysts for the spread of invasive gravelly glacial till soils (Service 2013, production will continue to expand at species. Further, it is unknown if the unpubl. geodatabase); therefore, gravel record levels (MacPherson 2012, p. 1; noise and flicker effects associated with mining is a potential stressor to MacPherson 2010, entire). wind turbines may impact Dakota populations at a large number of sites. Native prairie habitat would be skipper or Poweshiek skipperling Gravel mining is a stressor to Poweshiek destroyed in the footprint of an oil and populations beyond direct impacts from skipperling and Dakota skipper gas well pad, but the pads are relatively the turbines and/or infrastructure. Other populations at several sites in small. However, each oil and gas well wildlife species, such as birds, have Minnesota (Dana 1997, p. 15). For pad requires new road construction, and shown significant avoidance of example, gravel mining is a threat in at evidence suggests that Poweshiek grasslands where wind development has least three of the five sites that comprise skipperlings may avoid crossing roads occurred (Pruett et al. 2009, p. 1256;

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63598 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

Shaffer et al. 2012, p.). Wind degraded on at least two private high at one site and moderate at 13 sites, development was assessed at nine properties in Roberts County, South and 40 sites are protected from Dakota skipper sites and six Poweshiek Dakota, for example, in association with destruction or conversion through a skipperling sites where we had the widening of U.S. Highway 12 conservation easement or fee title sufficient information. The level of (Skadsen 2003, p. 47). Roadside prairie ownership by a conservation agency threat was considered to be low at most remnants can help support populations (Table 4). At least 5 of the 14 sites where sites because although the site may be of both species and serve as dispersal the Poweshiek skipperling is considered in an area with the potential for wind corridors between larger remnants; to still be present have a medium risk development, there are no specific plans therefore, loss of these areas to road of conversion. This stressor occurs or proposals to develop wind power on expansion or construction further across most of the Poweshiek the site. Wind development is reduces and fragments remaining skipperling range; the stressor has a considered a stressor of high level of habitat. medium to high level of impact to impact to populations at sites where In summary, nonagricultural Poweshiek skipperling populations in development is proposed and there are development, such as gravel mining, Iowa, Michigan, Minnesota, and South no actions or plans to mitigate impacts activities associated with energy Dakota; the level of impact is low for the to the species. For example, a wind development, or housing and road species at the Manitoba location. facility was recently proposed at a development, poses a current stressor of Fluctuating Water Levels Dakota skipper site in South Dakota moderate to high impact to populations (Skadsen 2012d, pers. comm.), which on those lands that are not protected Flooding is a threat to Poweshiek poses a high-level threat for the species from destruction or conversion through skipperlings and Dakota skippers at at that site because there are no plans to a conservation easement or fee title sites where too much of the species’ mitigate impacts of habitat destruction. ownership by a conservation agency. habitat is flooded or where patches are Although wind power development This type of development may become flooded too frequently. Poweshiek currently poses a high level of impact to more widespread as such practices skipperlings and Dakota skippers must the population at only one site, the increase in the future. either survive flooding events in extent of this threat will likely increase As discussed above in Destruction numbers sufficient to rebuild in the future, due to the high demand and Conversion of Prairies to populations after the flood or recolonize for wind energy and the number of Agricultural Land, we rated the level of the area from nearby areas that had not Dakota skipper and Poweshiek impact to the populations of the stressor flooded. In addition, the return interval skipperling sites that are conducive to posed by habitat destruction or of floods must be infrequent enough to wind development (e.g., Skadsen 2003, conversion for both agriculture and allow for recovery of the populations pp. 47–48). Furthermore, power nonagricultural purposes combined between floods. Changes in hydrology distribution lines may be developed in (except for conversion for wind energy resulting from wetland draining and order to accommodate the added power development, which was analyzed development may permanently alter the of wind farms, for instance, a new separately) at 150 Dakota skipper sites plant community and, therefore, pose a power line is currently being planned in with present or unknown status (see threat to Poweshiek skipperling and the Prairie Coteau in South Dakota for Table 3) where we had sufficient Dakota skipper due to loss of larval food that purpose (Mueller 2013, pers. information to evaluate the stressor. The and nectar sources. comm.). level of impact of each stressor to the The Dakota skipper and Poweshiek Housing construction has likely population at each site is high at three skipperling are presumed extirpated contributed to the loss of at least two of those sites, due to ongoing from several sites due to flooding or Poweshiek skipperling populations in destruction of the native prairie or there draining. For example, one Dakota Michigan, and the largest extant was a high likelihood of conversion skipper site was lost to flooding due to population in Michigan is located in an because it is located close to other rising water levels at Bitter Lake, South area under intense development converted areas and the land is Dakota (Skadsen 1997, p. 15). At pressure (Michigan Natural Features conducive for agriculture. The level of Whalen Lake Fen in Michigan, dredging Inventory 2011, unpubl. data). threat is high at 3 sites, moderate at 87 and channelization disrupted the Residential wells and drainage disrupt sites, and 60 sites are protected from hydrology of the site and the fen has prairie fen hydrology by reducing water destruction or conversion through a since been invaded by glossy buckthorn levels and thus, facilitating rapid growth conservation easement or fee title and narrow leaf cattail; Poweshiek of woody vegetation. In addition, ownership by a conservation agency skipperlings are presumed to be nutrients added to the groundwater (Table 3). This stressor occurs across the extirpated from the site (Michigan from leaking septic tanks contribute to range of the Dakota skipper; the stressor Natural Features Inventory 2011, the dominance of invasive plants, such has a medium to high level of impact to unpubl. data). as narrow-leaved cattail (Typha Dakota skipper populations in Fluctuating water levels are a current angustifolia) and red canary grass Minnesota, North Dakota, South Dakota, stressor to populations across both (Phalaris arundinacea) (Michigan Manitoba, and Saskatchewan. The level species’ ranges. Loss of habitat or direct Natural Features Inventory 2012, p. 4). of impact was considered to be low if mortality due to fluctuating water Road construction impacts Poweshiek the site is protected from destruction or levels, such as permanent flooding or skipperling and Dakota skipper habitat conversion by fee title ownership by a wetland draining is a current stressor to because it increases the demand for governmental conservation agency, populations in at least 12 Dakota gravel, and as a result of routine nongovernmental conservation skipper sites with present or unknown maintenance (e.g., broadcast herbicide organization (e.g., The Nature status and 20 Poweshiek skipperling applications, early mowing, and Conservancy), or educational institution sites with present or unknown status. cleaning out ditches), improvements (e.g., South Dakota State University). For example, one of the three sites with (e.g., widening roads or converting two- Similarly, 54 Poweshiek skipperling present or unknown status of Poweshiek lane highways to four-lane highways), sites with present or unknown status skipperling in Wisconsin, Puchyan or new construction. Poweshiek were assessed that had sufficient Prairie, is subject to flooding—the entire skipperling habitat was destroyed or information: The level of threat was prairie portion of the site was

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63599

submerged in 1993 (Hoffman 2011, pers. extent of suitable habitat at the site due patterns (timing of growth) of grass comm.; Wisconsin DNR 2012, in litt). to a change in wetland vegetation, species as they relate to the larval The number of Poweshiek skipperling wetland hydrology, or flooding—all of period of Dakota skippers determine observed at that site is consistently low. these sites occur in North Dakota which grass species are suitable larval Flooding is a likely factor that has (Service 2012 unpubl. data; Service host plants. Exotic cool season grasses, contributed to the low numbers 2013, unpubl. data). Similarly, we such as Kentucky bluegrass and smooth observed in at least part of this site assessed 20 Poweshiek skipperling sites brome, are not growing when Dakota (Borkin 2012c, pers. comm.). with present or unknown occupancy for skipper and Poweshiek skipperling Conversely, groundwater disruption the level of impact to populations due larvae are feeding, thus a prevalence of and draining is a stressor at all 10 of the to water fluctuations (e.g., flooding or these grasses reduces food availability Michigan prairie fen Poweshiek draining) where we had sufficient for the larvae. skipperling sites where the species is information to evaluate the stressor The stressor from nonnative invasive present and one with unknown (Table 4). Flooding is a stressor with herbaceous species is compounded by occupancy (Service 2013, unpubl. data). moderate impact to the populations at 3 the encroachment of woody species into Interrupted groundwater flow-through Poweshiek skipperling sites (including a native prairie habitat. Glossy buckthorn fens can reduce water levels and site in Wisconsin—one of the 14 and gray dogwood encroachment, for facilitate woody vegetation Poweshiek skipperling sites with a example, is a major stressor to establishment and growth (Michigan present status), and changes to Poweshiek skipperling populations at Natural Features Inventory 2012, p. 4). hydrology is a stressor of moderate- to the Brandt Road Fen in Michigan, Agricultural and residential drains and high-level impact to populations at all which supports the second largest wells can lower the groundwater table, 11 Michigan sites (including 10 of 14 population of Poweshiek skipperlings in thereby reducing the supply of Poweshiek skipperling sites that have a the State (Michigan Natural Features calcareous seepage, which is an present status) and 1 site in North Inventory 2011, unpubl. data). Invasion essential underlying component of Dakota (Service 2012 unpubl. data; of tallgrass prairie and prairie fens by prairie fen hydrology (Michigan Natural Service 2013, unpubl. data). woody vegetation such as glossy Features Inventory 2012, p. 4). In summary, fluctuating water levels buckthorn reduces light availability, Furthermore, nutrient additions is a current and ongoing stressor of total plant cover, and the coverage of associated with drain fields can moderate level of impact to populations grasses and sedges (Fiedler and Landis contribute to invasive species where the habitat may be temporarily 2012, pp. 44, 50–51). This in turn encroachment. For instance, if lost due to intermittent flooding and is reduces the availability of both nectar groundwater flow to prairie wetlands is a threat of high severity where a change and larval host plants for Poweshiek severed, fen habitats may convert from in hydrology may completely degrade skipperlings and Dakota skippers. If native grasses and flowering forbs to the habitat quality of a site, particularly groundwater flow to prairie wetlands is habitats dominated by invasive species prairie fens. disrupted (e.g., by development) or or woody vegetation (Fiedler and Landis intercepted (e.g., digging a pond in Invasive Species and Secondary 2012, p. 51, Michigan Natural Features adjacent uplands or installing wells for Succession Inventory 2012, p. 4). The site with the irrigation or drinking water), it can highest number of Poweshiek Poweshiek skipperlings and Dakota quickly convert to shrubs or other skipperlings in Michigan, for instance, skippers typically occur at sites invasive species (Fiedler and Landis is partially bordered by residential areas embedded in agricultural or developed 2012, p. 51; Michigan Natural Features and is under intense development landscapes, which make them more Inventory 2012, p. 4). For example, pressure (Michigan Natural Features susceptible to nonnative or woody plant roads and residential development Inventory 2011, unpubl. data). At least invasion. Nonnative species including likely disrupted the hydrology of a 8 of the 11 fen sites with present or leafy spurge, Kentucky bluegrass, prairie fen where the Poweshiek unknown status are at least partially alfalfa, glossy buckthorn, smooth brome, skipperling was last observed in 2007 unprotected from development, and at purple loosestrife (Lythrum salicaria), and where 2008 and 2009 surveys for least 7 of those are closely bordered by Canada thistle (Cirsium arvense), reed Poweshiek skipperlings were negative roads, agriculture, or residential canary grass, and others have invaded (Michigan Natural Features Inventory developments (Michigan Natural Poweshiek skipperling and Dakota 2011, unpubl. data). Furthermore, on Features Inventory 2011, unpubl. data; skipper habitat throughout their ranges some sites, land managers intentionally Service 2013, unpubl. geodatabase). The (Orwig 1997, pp. 4, 8; Michigan Natural facilitated succession of native-prairie status of Poweshiek skipperling is Features Inventory 2011, unpubl. data; communities to woody vegetation or unknown at one fen site where the Skadsen 2002, p. 52; Royer and Royer trees, such as Ponderosa pine (Pinus hydrology was likely disrupted by roads 2012b, pp. 15–16, 22–23). Leafy spurge ponderosa) or spruce (e.g., Dana 1997, and extensive residential development and Kentucky bluegrass have been cited p. 5). This converts prairie to shrubland, in close proximity to the fen (Michigan as one of the major threats to native forest, or semi-forested habitat types and Natural Features Inventory 2011, prairie habitat at several public and facilitates invasion of adjacent native unpubl. data). privately owned Dakota skipper sites in prairie by exotic, cool-season grasses, The level of impact to populations North Dakota (Royer and Royer 2012b, such as smooth brome. Moreover, the due to flooding was assessed at 12 pp. 15–16, 22–23; Royer 2012, pers. trees and shrubs provide perches for Dakota skipper sites with present or comm.). Once these plants invade a site, birds that may prey on the butterflies unknown status that had sufficient they replace or reduce the coverage of (Royer and Marrone 1992b, p. 15; 1992a, information to evaluate the stressor native forbs and grasses used by adults p. 25). (Table 3); this evaluation only included and larvae of both butterflies. Leafy We rated the level of impact to sites in North and South Dakota. spurge displaces native plant species, populations of invasive species at 62 Flooding is a stressor of moderate-level and its invasion is facilitated by actions Dakota skipper sites and 51 Poweshiek impact to populations at 6 of the sites, that remove native plant cover and skipperling sites that had sufficient where there is evidence of recent or expose mineral soil (Belcher and Wilson information to evaluate the stressor pending decrease in the quality or 1989, p. 172). The seasonal senescence (Table 3 and Table 4; Service 2012

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63600 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

unpubl. data; Service 2013, unpubl. sites, moderate of level impact to skippers per hour in burned than on data). This stressor is considered to have populations at 30 sites, and low level of grazed sites in Minnesota. Orwig and a low level of impact to the populations impact to populations at 12 sites—sites Schlicht (1999, p. 8) speculated that if there was either no information to with high and moderate levels of impact inappropriate use of prescribed burning indicate a stressor or management was are throughout the range of the species eliminated Dakota skippers from the last ongoing to control invasive species in Iowa, Minnesota, Michigan, North known occupied site in Iowa, a 65-ha using methods that are unlikely to cause Dakota, South Dakota, Wisconsin, and (160-ac) preserve. At Prairie Coteau adverse effects to Dakota skippers or Manitoba and include at least 11 of the Preserve in Minnesota, Schlicht (2001a, Poweshiek skipperlings (e.g., spot- 14 sites where the species is still present pp. 9–10) found greater flower spraying or hand-pulling). Sites were (Service 2013, unpubl. data). abundance on regularly burned than rarely burned sites, but Dakota skipper assigned a moderate level of impact to Fire populations if invasive species are abundance showed the greatest decline typically a primary driver of Dakota skipper and Poweshiek on the burned sites. management actions and make it skipperling populations existed The effects of fire on prairie butterfly difficult for managers to specifically historically in a vast ecosystem populations are difficult to ascertain tailor management to conserve Dakota maintained in part by fire. Due to the (Dana 2008, p. 18), but the apparent skipper or Poweshiek skipperling great extent of tallgrass prairie in the hypersensitivity of Poweshiek habitat. The site was assigned a high past, fire and other intense disturbances skipperlings and Dakota skippers level of impact to populations if one or (e.g., locally intensive bison grazing) indicates that it is a threat to both more nonnative invasive plant species likely affected only a small proportion species in habitats burned too are abundant or increasing and of the habitat each year, allowing for frequently or too broadly. The management activities are not being recolonization from unaffected areas Poweshiek skipperling and Dakota implemented to control their expansion; during the subsequent flight period skipper are not known to disperse or if necessary management actions (Swengel 1998, p. 83). Fire can improve widely (Swengel 1996, p. 81; Burke et cannot be implemented without Poweshiek skipperling (Cuthrell 2009, al. 2011, p. 2279); therefore, in order to themselves causing an additional pers. comm.) and Dakota skipper habitat reap the benefits of fire to habitat stressor to the Dakota skipper or (e.g., by helping to control woody quality, Poweshiek skipperlings and Poweshiek skipperling populations at vegetation encroachment), but it may Dakota skippers must either survive in also kill most or all of the individuals the site. numbers sufficient to rebuild in the burned units and alter entire populations after the fire or recolonize Invasive species are a current and remnant prairie patches, if not properly the area from a nearby unburned area. ongoing stressor with high levels of managed (e.g., depends on the timing, In addition, the return interval of fires impact to Dakota skipper and intensity, etc.). Accidental wildfires also needs to be infrequent enough to allow Poweshiek skipperling populations on may burn entire prairie tracts (Dana for recovery of the populations between sites where land management is 1997, p. 15) and may hamper plans to burns. Therefore, fire is a threat to conducive to their invasion or carefully manage Dakota skipper and Poweshiek skipperlings and Dakota expansion or where they have become Poweshiek skipperling habitat. A skippers at any site where too little of so pervasive that even favorable human-set wildfire in late fall 2009 and the species’ habitat is left unburned or management may not be quickly another extensive fire in 2011, for where patches are burned too effective. Succession is a current and example, burned considerable amounts frequently. ongoing stressor of moderate-level of good prairie habitat in Manitoba’s Panzer (2002, p. 1306) identified four impact to populations at sites where Tall Grass Prairie Preserve (Hamel et al. life-history traits of duff-dwelling management is insufficient. The stressor 2013, p. 1; Westwood 2010, pers. insects such as the Dakota skipper and of invasive species to populations on comm.), which is the only location in Poweshiek skipperling that were good small and isolated sites (e.g., Big Stone Canada where Poweshiek skipperlings predictors of a negative response to fire: NWR) is a current and ongoing stressor are present; Dakota skippers are (1) Remnant dependence (occurring as of high level of impact to populations, extirpated from the site. The fires at the small, isolated populations); (2) upland because Dakota skipper and Poweshiek Tall Grass Prairie Preserve may have inhabitance (dry uplands burn more skipperling populations have little killed overwintering larvae, and the thoroughly than wetter habitats); (3) resilience to the resulting habitat population of Poweshiek skipperling in nonvagility (low recolonization rate); degradation and to the often aggressive Canada ‘‘may have been greatly reduced and (4) univoltine (slower recovery rates management needed to control the as a result of these fires’’ (Hamel et al. for species with only one generation per invasive plants. Loss of habitat or 2013, p. 1). year). Species exhibiting all four traits degradation of the native plant Intentional fires, without careful should be considered ‘‘hypersensitive’’ community due to encroachment of planning, may also have significant to fire (Panzer 2002, p. 1306). The invasive species or woody vegetation is adverse effects on populations of Dakota Poweshiek skipperling and Dakota considered a high level of impact to skippers and Poweshiek skipperlings, skipper meet all of Panzer’s criteria for populations at 13 of the 62 assessed especially after repeated events (McCabe hypersensitivity (Panzer 2002, p. 1306) Dakota skipper sites, a moderate level of 1981, pp. 190–191; Dana 1991, pp. 41– and have additional life history traits impact to populations at 31 sites, and 45, 54–55; Swengel 1998, p. 83; Orwig that further suggest hypersensitivity to low impact to populations at 18 sites. and Schlicht 1999, pp. 6, 8). In fire. Panzer (2002) observed mean Sites with high and moderate level of systematic surveys of Minnesota declines of 67 percent among fire- impact occur throughout the species tallgrass prairies, for example, Dakota negative species, although actual range in Minnesota, North and South skippers were less abundant on sites mortality was likely higher due to some Dakota (Service 2012 unpubl. data; that had been burned, compared with immigration into experimental areas Service 2013, unpubl. data). Similarly, otherwise similar hayed sites (Swengel after the burn. When all or large invasive species are a stressor of high 1998, p. 80; Swengel and Swengel 1999, portions of prairie remnants are burned, level of impact to populations at 9 of the pp. 278–279). Similarly, Schlicht many or all prairie butterflies may be 51 evaluated Poweshiek skipperling (1997b, p. 5) counted fewer Dakota eliminated at once. Complete

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63601

extirpation of a population, however, populations, and that early spring prescribed fires. Recent survey results in may not occur after a single burn event burning would afford some amelioration some areas, most notably, Iowa and (Panzer 2002, p. 1306) and the extent of (Dana 1991, p. 55). Minnesota, indicate that other factors effects would vary depending on time of Rotational burning may benefit prairie are acting independently (Dana 2008, p. year and fuel load. butterflies by increasing nectar plant 18) or in concert with fire to forestall the Poweshiek skipperlings lay their eggs density and by positively affecting soil typical post-fire rebound. near the tips of leaf blades, and they temperature and near-surface humidity We assessed the stressor posed by fire overwinter as larvae on the host plants levels due to reductions in litter (Dana at 19 Dakota skipper sites with present (Borkin 2000a, p. 2), where they are 1991, pp. 53–55; Murphy et al. 2005, p. or unknown status and 24 Poweshiek exposed to fires during their larval 208; Dana 2008, p. 20). Purple skipperling sites with present or stages. If larvae are on prairie dropseed coneflower and little bluestem, for unknown site status where we had or little bluestem, which occur in dry example, occurred more frequently on sufficient information to evaluate the prairie, rather than spike-rush or sedges, burned areas than on unburned areas in stressor (Tables 3 and 4; Service 2012 which typically occur in wet prairie, mixed-grass prairie at Lostwood unpubl. data; Service 2013, unpubl. then the larvae are even more National Wildlife Refuge in data). We considered fire a stressor of vulnerable to fire (Selby 2005, p. 36). northwestern North Dakota (Murphy et high level of impact to populations at 9 Unlike Dakota skippers, Poweshiek al. 2005, pp. 208–209). An increase in of the 19 evaluated Dakota skipper sites skipperlings do not burrow into the soil purple coneflower, an important nectar and 7 of the 24 Poweshiek skipperling surface (McAlpine 1972, pp. 88–92; source for Dakota skippers and sites. Sites that face a high level of Borkin 1995b, p. 9), which makes them Poweshiek skipperlings, may last for 1– impact to populations were primarily more vulnerable to fire (and likely more 2 years after early spring fires and those with a high proportion of Dakota vulnerable to chemicals such as females may preferentially oviposit near skipper or Poweshiek skipperling herbicides and pesticides)) throughout concentrations of this nectar source habitat that may be burned in a single their larval stages. Species whose larvae (Dana 2008, p. 20). year or where all of the species’ habitat spend more time above ground, such as Although fire tends to increase native is burned with no likely source of Poweshiek skipperlings, are likely more plant diversity in prairies (Murphy et al. immigrants to sustain the population. vulnerable to fire than species that form 2005, pp. 208–209), several years may This type of fire management is a underground shelters. As the spring be necessary for Dakota skipper and documented cause of extirpation (Selby progresses, however, the vulnerability of Poweshiek skipperling populations to 2000, p. 19). Sites with a moderate level Dakota skippers to fire increase as larvae recover after a burn. Few studies have of impact to populations from fire shift from buried shelters to horizontal documented recovery times for prairie management were those where the shelters at the soil surface (Dana 1991, butterflies after a burn, and even fewer habitat is divided into at least three p. 16). have measured the relationships burn units and no unit is burned more Studies of all life-stages may be between species abundance in tallgrass frequently than once every three years; necessary to fully evaluate these prairies and time since burn. One such or, habitat is divided into two or more species’ response to fire. Early spring study, however, found lower relative burn units, each unit is burned no more burns may be less likely to harm Dakota abundances of Dakota skippers and frequently than once every three years, skipper populations than late spring Poweshiek skipperlings in burned units but the entirety of the species’ habitat is burns, due to larval phenology and than in otherwise similar hayed units never burned in the same year and the differences in subsurface soil even four years after burns (Swengel species is present at another site that is temperatures during the fire; however, 1996, p. 83). Poweshiek skipperling had less than 1 km (1.6 mi) away. Fire is studies have not conclusively linked the the most negative initial response to fire considered to be a threat of moderate relationship of mortality risk to the among six species of prairie-obligate severity at 4 of the 19 evaluated Dakota timing of spring burns. Experiments to butterfly species (Swengel 1996, p. 83). skipper sites and 3 of the 24 Poweshiek evaluate the effects of early spring Numbers were still lower than expected skipperling sites. Fire presents a low versus late spring fires and of different one year post-fire, exceeded level of impact to populations at sites fuel levels on Dakota skipper mortality expectations after two years, and where the species’ habitat is divided found that, despite higher ambient declined slightly after three years into at least four burn units and no unit temperatures during the early spring (Swengel 1996, p. 83). In habitats that is burned more frequently than once burn, temperatures at the average depth had not been burned for four or more every four years; or, the species’ habitat of buried Dakota skipper shelters (Dana years, Poweshiek skipperling abundance is divided into three or more burn units, 1991, p. 11), were 10 °C (50 °F) higher was about as low as in habitats sampled at least three units are burned no more during the late-spring burn (Dana 1991, less than one year after being burned frequently than once every four years, p. 41). Fuel load was positively related (Swengel 1996, p. 83). and the site contains more than 140 ha to subsurface soil temperature (Dana Swengel’s (1996, p. 83) observations (346 ac) of native prairie or where the 1991, pp. 41–43). Fuel loads that were are consistent with other findings. That site is separated from another occupied clearly associated with lethal subsoil is, Poweshiek skipperling numbers site by less than 1 km (1.6 mi). Fire is temperatures, however, were more decline in burned areas for 1–2 years considered to be a stressor with a low typical of mesic tallgrass prairie, which after the burn then rebound, but may level of impact to populations at 6 of the had about twice the fuel loads of the decline again if management does not 19 evaluated Dakota skipper sites and dry-mesic habitats inhabited by Dakota maintain the habitat (Skadsen 2001, p. 14 of the 24 Poweshiek skipperling skippers on the site (Dana 1991, pp. 41, 37; Webster 2003, p. 12). In general, sites. 54). Although Dana’s study was recovery times of 1–5 years post burn In summary, fire may be an important inconclusive in quantifying the risk of have been predicted (Swengel 1996, pp. management tool for these butterflies, if mortality in relation to the timing of 73, 79, 81; Panzer 2002, pp. 1302–1303); carried out appropriately. However, spring burns, he was able to conclude however, Vogel et. al (2010, p. 671) where managers burn without ensuring that a late-spring burn in ‘‘moderate’’ found that habitat-specialist butterfly a sufficient amount of contiguous or fuels (430–440 g/m2) would have a abundance recovery time was nearby habitat from which immigrants devastating effect on Dakota skipper approximately 50 months after can re-inhabit burned areas or if not

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63602 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

conducted with conservation of prairie regimes, but absent on nearby idle management). McCabe (1981, p. 189) invertebrates as a primary objective, it is prairies that were no longer used for observed that grazing eliminated Dakota a current stressor that can have grazing; moreover, he observed more skippers on North Dakota wet-mesic moderate impacts on populations. Dakota skippers per hour on the lightly prairies; nectar plants such as yellow Uncontrolled wildfires may also have grazed prairies than on nearby habitat sundrops and bluebell bellflower high or moderate levels of impacts to managed with fire (Schlicht 1997b, p. rapidly diminished with light grazing, populations, and would also depend on 5). Similarly, in eastern South Dakota, and heavy grazing eliminated upright the timing, intensity, and extent of the Dakota skipper populations were prairie coneflower and purple burn. Poweshiek skipperlings may be deemed secure at some sites managed coneflower. among the most sensitive of prairie with rotational grazing light enough to The intensity at which grazing occurs butterflies to fire, and thus, coordination maintain plant species diversity may dictate the level of impact to the between habitat managers and butterfly (Skadsen 1997, pp. 24–29), but the Dakota skipper and Poweshiek experts is necessary to ensure that it is species was since extirpated at one site skipperling. Grazing reduces Dakota not implemented in a manner that where a change in ownership resulted skipper numbers in direct proportion to degrades population viability. Fire is a in significant overgrazing (Skadsen its intensity, due to the reduction in current and ongoing stressor of high 2006b, p. 5). The economic benefit of flowers that provide nectar and perhaps level of impact where burns occur grazing to ranchers may also benefit the by influencing adult behavior (Dana without ensuring there is a sufficient species at some sites by deterring 1997, p. 4). Dana (1997, p. 5) predicted amount of contiguous or nearby habitat conversion of remnant prairies to row that privately owned pastures in from which immigrants can re-inhabit crop agriculture. Minnesota’s Hole-in-the-Mountain burned areas. Fire is an ongoing stressor Bison (Bison bison) grazed at least complex, for example, will likely only rangewide for both species and has been some Dakota skipper and Poweshiek support low densities of skippers if they documented at a high or moderate level skipperling habitats historically continued to be heavily grazed and of impact to populations at several sites (McCabe 1981, p. 190; Bragg 1995, p. 68; sprayed with herbicides. Surveys at this in North Dakota, South Dakota, Schlicht and Orwig 1998, pp. 4, 8; habitat complex in 2007, 2008, and 2012 Minnesota, Wisconsin, and the Tallgrass Trager et al. 2004, pp. 237–238), but failed to record any Poweshiek Prairie Preserve in Manitoba. cattle (Bos taurus) are now the principal skipperlings (Dana 2008, p. 8; Selby grazing ungulate in both species’ ranges. 2009a, pp. xxxi–xxxii; Runquist 2012a, Grazing Bison and cattle both feed primarily on pers. comm.; Runquist 2012, pp. 13–14, As with fire management, grazing may grass, but have some dissimilar effects 18–20) and Dakota skippers were not maintain habitat for the Poweshiek on prairie habitats (Damhoureyeh and detected in 2012 surveys (Runquist skipperling and Dakota skipper, but as Hartnett 1997, pp. 1721–1725; Matlack 2012, pp. 13–14, 18–20; Runquist 2012a, with any management practice, et al. 2001, pp. 366–367). Cattle pers. comm.). appropriate timing, frequency, and consume proportionally more grass and While most references to grazing intensity are important. The level of grasslike plants than bison, whereas impacts on prairie butterflies are based impact of grazing on Dakota skipper and bison consume more browse and forbs on ancillary observations made during Poweshiek skipperling populations also (flowering herbaceous plants) research focused on other management depends on the type of habitat that is (Damhoureyeh and Hartnett 1997, p. impacts, one Minnesota study (Selby being grazed. Furthermore, in contrast 1719). Grasslands grazed by bison may 2006b) focused on the effects of grazing to the permanent habitat destruction also have greater plant species richness on all life stages of the Dakota skipper, and larval mortality caused by plowing and spatial heterogeneity than those and also included data for the adult or mining, for example, some habitats grazed by cattle (Towne et al. 2005, pp. stage of the Poweshiek skipperling. Both can remain suitable for Dakota skipper 1553–1555). Both species remove forage species were too scarce to collect data when grazed (Dana 1991, p. 54, Schlicht for larvae (palatable grass tissue) and adequate to test the hypotheses (Selby 1997, p. 5, Skadsen 1997, pp. 24–29) adults (nectar-bearing plant parts), 2006b, p. 2), but observations based on and native plant diversity in tallgrass change vegetation structure, trample two years (2003 and 2004) of surveys prairie may recover from overgrazing if larvae, and alter larval microhabitats. suggested that numbers in the lightly to it has not been too severe or prolonged. Livestock grazing was identified as a moderately grazed pasture were similar In addition, grazing is one of the stressor to populations on most of the to those in the best portions of nearby primary treatments for controlling privately owned sites and some public ungrazed habitats (Selby 2006b, p. 30). smooth brome and enhancing native sites on which Dakota skippers occurred Poweshiek skipperlings were almost plant diversity in prairies that have been in 2002 (Cochrane and Delphey 2002, absent from the study sites (Selby invaded by this nonnative grass species pp. 62–69). Swengel and Swengel (1999, 2006b, pp. iii–xxiii). Within the grazed (Service 2006, p. 2; Smart et al. in p. 286), for example, noted that at the study area, the number of Dakota prep.). Sheyenne National Grassland in North skippers declined with increasing Grazing may benefit the Dakota Dakota, grazing appeared to be grazing intensity; Dakota skippers were skipper and Poweshiek skipperling unfavorable for the Poweshiek absent from the most heavily grazed under some management scenarios (e.g., skipperling and Dakota skipper. areas (Selby 2006b, p. 16). Skadsen adaptive management to adjust grazing Reduced availability of nectar (2001, p. 55) found that forb diversity prescriptions according to their effects resources and larval food plants is likely was poor on the grazed lands and on essential features of the prairie the primary factor leading to declines in predicted the extirpation of both species ecosystem). In some habitats, Dakota Poweshiek skipperling and Dakota unless management practices were skippers benefit from light grazing that skipper populations on heavily grazed changed. The Dakota skipper is now minimizes the area dominated by tall sites. In South Dakota, for example, extirpated at one of these sites, and its grasses (e.g., big bluestem and Higgins (1999, p. 15) found lower plant status is unknown at the other; indiangrass) (Dana 1991, p. 54). Schlicht diversity on privately owned prairies, Poweshiek skipperling status is (1997b, p. 5) found that the Dakota which were mostly grazed, than on unknown at both sites (Service 2013, skipper was relatively abundant on publicly owned prairies, which were unpubl. geodatabase). Spomer (2004, p. prairies subjected to light grazing almost all idle (no grazing or fire 4) found that larval host plants and

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63603

nectar sources were missing from numbers survive and reproduce in larvae due to trampling and altering heavily grazed pastures at Sheyenne lightly grazed patches or if nearby larval microhabitats (Royer et al. 2008, National Grassland, North Dakota. habitats provide sufficient numbers of pp. 10–15). In North Dakota, grazing can Grazing intensity combined with immigrants to reestablish the population compact soils in wet-mesic prairie varying habitat type may also affect the after habitat quality is restored. Years of inhabited by Dakota skippers and level of grazing impacts. On wet-mesic grazing without rest, however, may Poweshiek skipperlings, altering vertical habitat in North Dakota, for example, preclude recovery from the effects of water movement in the soil, which may Dakota skippers and Poweshiek intense grazing, although the capacity lead to larval desiccation (Royer et al. skipperlings tolerate little to no grazing for restoration of suitable plant 2008, p. 16). Cattle may also kill larvae (McCabe and Post 1977b, p. 36; Royer community and other habitat features by trampling them, particularly in wet- and Marrone 1992a, pp. 10, 17, 28; may be highly variable among sites. On mesic prairies (McCabe 1981, p. 189). Royer and Marrone 1992b, pp. 17–18; some sites, plant diversity may not be Livestock grazing is the predominant Royer and Royer 1998, p. 22). Webster restored when grazing pressure declines use of privately owned tallgrass prairie (2003, pp. 7–8) described very similar (Dana 1997, p. 30; Jackson 1999, pp. remnants in South Dakota (Higgins Dakota skipper habitats in Manitoba 134–135; Spomer 2004, p. 4). Grazing 1999, p. 15) and was identified by the and, although grazing generally does not intensely (where a high proportion of Service as a threat on most of the occur in these habitats that are occupied plant biomass is removed) or for long privately owned sites on which Dakota by Dakota skipper, they may be as duration leads to native plants being skipper occurred when the species was sensitive to grazing as similar habitats in replaced with exotic, cool-season identified as a candidate species in 2002 North Dakota; in a later report, he European forage grasses and legumes (Cochrane and Delphey 2002, pp. 62– described the conversion of lands from that are tolerant of continuous grazing 69). The presence and density of purple haying to grazing as a major threat to (Jackson 1999, p. 128, Minnesota DNR coneflower may serve as an indicator of Dakota skipper in the wet-mesic habitats 2006, p. 232). In overgrazed native grazing impacts to Dakota skippers and of Manitoba (Webster 2007, pp. i–ii, 6). prairie in Minnesota, for example, the Poweshiek skipperlings where the In the drier and hillier habitats that the prairie is dominated by exotic grasses species occur in dry-mesic prairie species inhabits, grazing may benefit with a low native forb species diversity (Skadsen 2006a, p. 2); grazing from mid- Dakota skipper depending on its and abundance, and foliage height is June through July may reduce purple intensity. For example, in eastern South less than 10 cm (4 in) (Dana 1997, p. 3); coneflower abundance (Skadsen 2007, Dakota, Dakota skipper populations these prairies lack the native plants pers. comm.)—as discussed in the were deemed secure at some sites necessary to sustain adult and larval Background section of this rule, purple managed with rotational grazing that prairie butterflies. In comparison, sites coneflower has been identified as a was sufficiently light to maintain native less disturbed by grazing have a high primary source of nectar for both plant species diversity (Skadsen 1997, native forb (nectar) species diversity and species, particularly in dry prairie pp. 24–29), and grazing may also benefit abundance foliage height is generally habitats. Dakota skippers by reducing the area more conducive to perching and Britten and Glasford (2002, p. 373) dominated by tall native grasses, such as reproductive activities (between 25 and recommended minimizing disturbance big bluestem and Indiangrass (Dana 40 cm (10 and 16 in)) (Dana 1997, p. 2). of Dakota skipper habitat during the 1991). Land managers also frequently use flight period (late June to early July) to Proximity of nearby populations or herbicides, often through broadcast maximize genetically effective contiguous habitat may alleviate some application, to control weeds and brush population sizes (the number of adults of the negative impacts of grazing. Royer on grazed remnant prairies, which reproducing) to offset the effects of and Marrone (1992b, p. 29; 1992a, p. 18) further reduces native forb diversity and genetic drift of small populations stated that heavy grazing was a threat to abundance (Dana 1997, p. 3; Stark et al. (change in gene frequency over time due Dakota skippers and Poweshiek 2012, pp. 25, 27) necessary for adult to random sampling or chance, rather skipperlings, but that occasional light nectar sources. Skadsen (2006, p. 11), than natural selection). Therefore, a grazing is not a long-term threat in some for example, documented the likely large portion of the habitat of any habitats as long as there are areas of extirpation of Dakota skippers at Knapp Dakota skipper population should contiguous habitat that remain Ranch in South Dakota after a July 2006 remain ungrazed or only lightly grazed ungrazed. At Chekapa Creek Ridge and application of broadleaf herbicide in during the flight period, and similar Knapp Pasture in South Dakota, heavy concert with heavy grazing. Herbicide precautions should be taken for the grazing apparently extirpated both the and pesticide use is discussed further Poweshiek skipperling. Poweshiek skipperling and Dakota under Factor E of this proposed rule. We assessed the level of impact to skipper (Skadsen 2002, p. 38; 2004, p. While reduced availability of nectar populations from grazing at 53 Dakota 7; 2006a, p. 11). Due to its proximity to resources and larval food plants may be skipper sites and 23 sites currently other Poweshiek skipperling the primary factors leading to declines occupied by Poweshiek skipperling populations and a return to fall haying in Poweshiek skipperling and Dakota with present or unknown status that had in 2005, the Poweshiek skipperling skipper populations on heavily grazed sufficient information to evaluate the recolonized Chekapa Creek Ridge in sites, changes in vegetation structure stressor (Tables 3 and 4; Service 2012 2006 (Skadsen 2006a, p. 12), but more may also be important. For example, unpubl. data; Service 2013, unpubl. recent surveys indicate that the grazing prairie each year during mid- data). This analysis was conducted Poweshiek skipperling has again been summer eliminates nectar plants, such differently for different habitat types. extirpated from this site due to habitat as purple coneflower, and native warm- For Type A habitat (Royer et al. 2008, degradation because of a change from season grasses that function as larval pp. 14–16) where stocking rates haying to grazing (Skadsen 2012a, pers. host plants (Skadsen 2007, pers. (number of cattle or bison over a given comm., Skadsen 2012c, pers. comm.). comm.). In South Dakota, vegetation area) have little or no evidence of As with fire, Dakota skipper and height and litter depth were lower on grazing effects on Dakota skipper or Poweshiek skipperling populations may prairie remnants that were mostly Poweshiek skipper habitat quality, we persist through intense grazing episodes grazed (Higgins 1999, pp. 27–29). found the level of impact to populations or be restored afterwards, if sufficient Grazing also causes direct mortality of of grazing to be low. For Type B habitat

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63604 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

(Royer et al. 2008, p. 14), we assumed primarily assigned by researchers intensity is such that Dakota skippers that the level of impact of grazing to during surveys for the species, during and Poweshiek skipperlings are unlikely populations would be low if the dry- separate habitat assessments, or that to thrive or even persist. Grazing poses mesic slopes were grazed only before were available from state heritage a likely future stressor where current June 1 with at least one year of rest databases or other sources of scientific management is conducive to Dakota between rotations and if the pasture data. The habitat quality was rated as skipper or Poweshiek skipperling were only spot-sprayed with herbicides poor at 7 of the 10 sites where grazing conservation, but where landowners when and where necessary, or, the best poses a high level of impact to Dakota may allow excessive grazing in the available information does not indicate skipper populations. At each of the 14 future, for example, where management that grazing practices are degrading sites where grazing pressure is low, may change as a result of the changing habitat quality for the species (i.e., no habitat quality was good or excellent, market prices of agricultural products. apparent diminishment of nectar plant with two exceptions where habitat was Unsuitable grazing is an ongoing density and diversity and habitat is rated as fair to good. Among the 29 sites stressor throughout much of the range of good or excellent for Dakota skipper). where grazing is a moderate level of the Dakota skipper and Poweshiek At grazed sites where extirpation of impact to Dakota skipper populations, 6 skipperling (primarily in flat wet the local population is not imminent, had habitat rated good or excellent. prairies of Minnesota, North Dakota, but habitat quality is fair to poor and the Of the 19 Poweshiek skipperling sites and South Dakota); grazing is not a relative abundance of Dakota skippers for which we had sufficient information documented stressor at the Poweshiek or Poweshiek skipperlings is often low, to assess grazing, the level of impact to skipperling sites with present or we found the level of impact of grazing populations from grazing is high at 7 unknown status in Wisconsin, to populations to be moderate. Sites sites, moderate at 14 sites, and low at 2 Michigan, and Iowa or at most Dakota with a moderate level of impact to sites—all but 2 of these sites were in skipper sites in Canada. populations due to grazing may be South Dakota. No sites in Wisconsin or lightly grazed for less than 4 months or Michigan were assessed for grazing Haying less than 25 percent of the above-ground impacts to populations, where the As with grazing and fire, haying biomass of native grasses and forbs is grazing does not occur. Among the 14 (mowing grasslands and removing the consumed (Smart et al. 2011, pp. 182– sites where grazing is a moderate level cuttings) may maintain habitat for the 183), are grazed after June 1, or are not of impact to Poweshiek skipperling Poweshiek skipperling and Dakota given a year of rest between grazed populations, 10 have habitat rated as skipper, but as with any management years. At sites where grazing is fair to excellent. The habitat quality was practice, appropriate timing, frequency, conducted season-long, or for more than rated as poor at 3 of the 6 sites where and intensity are important. Poweshiek four months during the year, or more grazing is having a high level of impact skipperling habitat at Scuppernong than 50 percent of the above-ground to Poweshiek skipperling populations. Prairie in Wisconsin, for example, biomass of native grasses and forbs is In summary, grazing may benefit would have succeeded to shrubby or consumed and herbicide use is frequent; Dakota skippers and Poweshiek forested habitat if it had not been hayed we found the level of impact of grazing skipperlings in native tallgrass prairie each fall (Borkin 2011, in litt.)—it is to populations to be high. At sites where by increasing native plant diversity and now one of the few sites in Wisconsin grazing is a high-level threat, extirpation patchiness of fires (Minnesota DNR that are occupied by the Poweshiek of the population is likely imminent and 2006, p. 232). The economic benefit of skipperling. Nearly all of the Dakota habitat quality is poor. On public lands grazing to ranchers may also be a benefit skipper sites in Canada where the inhabited by the species, grazing is to the species by deterring conversion of species is present are privately owned, typically used to control nonnative cool- remnant prairies to row crop fall hayed prairies (Westwood 2013, season grasses and invasive species. agriculture. Grazing is a stressor to these pers. comm.). Cattle are often removed by July 1 to species, however, if it is not managed Haying generally maintains prairie minimize adverse impacts to warm- with the goal of conserving native- vegetation structure, but it may favor season grasses, but this type of prairie vegetation that comprises expansion of invasive species such as management minimizes the density of suitable habitat for Dakota skipper and Kentucky bluegrass. If done during the nectar species that are important to the Poweshiek skipperling. Dakota skippers adult flight period, haying may kill the Dakota skipper and Poweshiek and Poweshiek skipperlings may benefit adult butterflies or cause them to skipperling. Invasive species are often when prairie habitat is rested from emigrate, and if done before or during present at grazed sites, which often lead grazing for at least a part of each the adult flight period, it may reduce to further management actions (see growing season, if livestock are nectar availability (McCabe 1979, pp. Invasive Species and Secondary precluded from removing too much 19–20; McCabe 1981, p. 190; Dana 1983, Succession). plant material (e.g., are moved when p. 33; Royer and Marrone 1992a, p. 28; Of the 53 Dakota skipper sites stubble heights are 6–8 in (15–20 cm) Royer and Marrone 1992b. p. 14; assessed, we found the level of impact (Skadsen 2007, pers. comm.), and if the Swengel 1996, p. 79; Webster 2003, p. to Dakota skipper populations from timing of grazing for each field varies 10). Royer and Marrone (1992b, p. 14), grazing to be high at 10 sites, moderate from year to year (Skadsen 2007, pers. for example, ascribed the loss of a North at 29 sites, and low at 14 sites (Service comm.). Dakota Poweshiek skipperling 2012 unpubl. data; Service 2013, Conversely, Dakota skipper and population to June and July haying. unpubl. data). Moderate- to high-level Poweshiek skipperling populations may Several years of July haying may have impacts to populations were primarily be reduced or extirpated when too much led to the Poweshiek skipperling’s at South Dakota sites (N=28)—other plant material is removed, when fields extirpation at Wakidmanwin Prairie in sites with moderate- to high-level are not rested for some portion of the South Dakota (Skadsen 2006b, p. 13). impacts were in Minnesota (N=7), North growing season, or fields are grazed The Dakota skipper was observed at the Dakota (N=3), and Manitoba (N=1). As during the same period each year. Wakidmanwin Prairie in 2010 (Skadsen described above as part of our Grazing poses a current and ongoing 2010, p. 6); however, it is not clear if the assessment of grazing, we examined the stressor of moderate to high level of management has changed since the habitat quality ratings that were impact to populations where its observation. Early June haying may have

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63605

eliminated Dakota skippers from at least We assessed the level of impact of Poweshiek skipperlings at the few sites one site in North Dakota (Royer and haying to populations at 40 Dakota where the site is normally hayed before Royer 2012a, p. 72). skipper sites and 10 Poweshiek August and where annual haying is Hayed prairies are important skipperling sites with present or reducing availability of larval food and reservoirs of native prairie plant unknown status where we had sufficient adult nectar plants. However, fall diversity; however, long-term annual information to assess the stressor haying is beneficial to both species, haying negatively impacts prairie plant (Tables 3 and 4; Service 2012 unpubl. specifically if it is conducted after diversity (Jog et al. 2006, pp. 164–165). data; Service 2013, unpubl. data). August 1, no more than every other Jog et al. (2006, pp. 164–165) Haying was considered to be a stressor year, and there is no indication that recommended diversifying management with a low or no negative impact on native plant species diversity is to include, for example, periodic fire populations where it is implemented declining due to timing or frequency of and to forego annual haying to increase after the flight period (after haying. Haying is a current stressor at a plant species diversity. In a long-term approximately August 1) and when small number of sites for both species; study of a prairie in southeastern there is no reduction in the availability these sites occur primarily in North Wisconsin, a switch from late-season of native plant species. Haying was Dakota and South Dakota. considered to be a stressor with a haying to fire management led to Lack of Disturbance increased native plant diversity and moderate level of impact on coverage of warm-season grasses, populations, where the timing or extent While inappropriate or excessive grazing, haying, and burning are although woody plant species also of haying was unknown, but there are: stressors to some Poweshiek skipperling increased (Rooney and Leach 2010, p, (1) One or more indications that haying and Dakota skipper populations and 319). is resulting in a reduction in nectar or larval food sources important to the have led to the extirpation of others, Late-season haying may benefit both species are also subject to the stress Dakota skipper populations (McCabe species due to timing or frequency of mowing; (2) part of the Dakota skipper of no management practices being 1981, p. 190), and Dakota skipper implemented. Prairies that lack periodic populations might be more common on or Poweshiek skipperling habitat on the site is hayed before August 1, but a disturbance become unsuitable for hayed prairies than on idle (not hayed) substantial proportion of habitat is not Poweshiek skipperlings and Dakota prairies (Webster 2003, p. 10). Swengel hayed and not clearly subject to other skippers due to expansion of woody and Swengel (1999, p. 279) observed threats, such as frequent fire or grazing plant species (secondary succession), significantly greater relative abundance (e.g., Smokey Lake site, North Dakota); litter accumulation, reduced densities of of Dakota skippers on hayed tracts or (3) where haying occurs before or adult nectar and larval food plants, or compared with either idle or burned after August 1, but the site is hayed no invasion by nonnative plant species tracts in Minnesota, and Skadsen (2004, more frequently than once every three (e.g., smooth brome) (McCabe 1981, p. p. 7) documented the extirpation of years (e.g., Roy West Game Production 191; Dana 1983, p. 33; Dana 1997, p. 5; Dakota skippers from a site after its Area, South Dakota). Higgins et al. 2000, p. 21; Skadsen 2003, management switched from haying to We considered haying to be a stressor p. 52). For example, Dakota skipper intensive grazing. Some remnant Dakota with a high level of impact on numbers were reduced at Felton Prairie, skipper populations in the eastern populations where the site was hayed Minnesota, in tracts that had not been Dakotas are found on fall-hayed prairies prior to August 1 (e.g., Oaks Prairie, hayed or burned for several years (Skadsen 1997, pp. 10–23; Royer and North Dakota). At 27 of the 40 evaluated (Braker 1985, p. 47). Another study also Royer 2012b) as are many of the sites in Dakota skipper sites, current haying observed significantly lower Dakota Manitoba (Webster 2003, p. 10). Webster practices are conducive (beneficial) to skipper abundance on unmanaged or (2003, p. 8) found ‘‘healthy Dakota skipper conservation, because it idle sites, compared with hayed sites; populations’’ of Dakota skippers in is conducted after August 1 and is not however, Poweshiek skipperlings were Manitoba on sites used as hay fields, as reducing native plant species diversity. significantly denser with idling described by the absence of standing One or more indications that current (Swengel and Swengel 1999, p. 285). dead grass, low numbers of shrubs, haying practices are slowly degrading Skadsen (1997, pp. 10–23; 2003, pp. 8, shorter bluestem grasses, and abundant habitat quality for Dakota skippers has 35, 42) reported deterioration of several and readily observable nectar flowers, as been documented at 13 of the 40 sites. unburned and unhayed South Dakota compared to un-hayed sites. Scarlet At several sites in North Dakota, for prairies in just a few years due to Fawn Prairie in South Dakota, which is example, Royer and Royer (2012b, pp. encroachment of woody plants and hayed in the fall, is considered one of 15, 21, 24, 45) noted a decrease in the invasive species and found lower the highest quality prairies in that State diversity and density of forbs at sites species richness of prairie-dependent (Skadsen 2012, pers. comm.). In the hayed annually. Haying is a stressor butterflies and lower floristic quality at Dakotas, late-season (mid-August to with a high level of impact on sites with no disturbance versus sites October) haying appears to minimize populations at 2 of the 40 Dakota managed by grazing or fall haying impacts to the prairie butterflies, skipper sites assessed and a stressor of (Skadsen 2006a, p. 3). For example, although annual haying may diminish moderate-level impacts to the Dakota skippers returned to an idle site, the vigor of native, warm-season grasses populations at 11 of the 40 Dakota Pickerel Lake State Park, after a burn and reduce forb density in north-central skipper sites assessed. Of the 10 conducted in 2007 resulted in a North Dakota (wet-mesic) habitats (Lenz Poweshiek skipperling sites evaluated, significant increase in forbs, particularly 1999b, p. 14; Skadsen 2009, p. 8). haying was a stressor with moderate- purple coneflower (Skadsen 2008, p. 2). Consistent late-season haying of level impacts on populations at 3 sites In a separate study, Higgins et al. (2000, Poweshiek skipperling habitat in South and was not considered to have high- p. 24) found that prairie habitats left Dakota, appears to have facilitated the level impacts to the populations at any idle had lower plant diversity and expansion of green needlegrass (Stipa of the 10 sites. quality than prairies managed with fire. viridula), a cool-season grass, and In summary, haying is a current and We assessed the stressor posed by prevented seed development in warm- ongoing threat of moderate to high level lack of management for populations at season plants (Skadsen 2009, p. 8). of impacts to Dakota skippers and 18 Dakota skipper sites and 13

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63606 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

Poweshiek skipperling sites with both species is the result of the long- one or more habitat stressors, 55 of them present or unknown status where we lasting effects of habitat loss, have at least one stressor at moderate to had sufficient information to evaluate fragmentation, degradation, and high levels of impact to the population. the stressor (Tables 3 and 4; Service modification from agriculture, These sites are found across the current 2012 unpubl. data; Service 2013, development, invasive species, range of the species and occur in Iowa, unpubl. data). Lack of management was secondary succession, grazing, and Michigan, Minnesota, North Dakota, considered to be a stressor of moderate- haying. Although efforts have been South Dakota, Wisconsin, and Manitoba level impacts to the population where made to effectively manage habitat in (Service 2013, unpubl. data). Fifty-five the species’ habitat is degraded or likely some areas, the long-term effects of sites have 2 or more documented to become degraded due to secondary large-scale and wide-ranging habitat stressors that have moderate to high succession, invasive species, or both, modification, destruction, and levels of impact to the population. but actions to restore habitat quality are curtailment will last into the future. These sites are found across the current planned or ongoing, or where the site is Invasion of the species’ habitat by exotic range of the species and occur in Iowa, idle with no evident plans to initiate species and woody vegetation, Michigan, Minnesota, North Dakota, management (e.g., fire, grazing, haying), overgrazing, long-lasting or permanent South Dakota, Wisconsin, and Manitoba and there are signs of ongoing or alterations in water levels or hydrology, (Service 2013, unpubl. data). Thirty- imminent secondary succession. Lack of and too frequent or improperly timed seven of them have at least three management was considered to be a haying remove or significantly reduce documented stressors that have stressor with a high level of impact to the availability of plants that provide moderate to high levels of impact to the the population where the habitat quality nectar for adults and food for larvae. population. These sites are found across at a site is degraded or likely to become Fire and flooding cause direct mortality the current range of the species and degraded due to secondary succession or destroy nectar and food plants if the occur in Iowa, Michigan, Minnesota, or invasive species, and there are no intensity, extent, or timing is not North Dakota, South Dakota, Wisconsin, ongoing or planned actions to maintain conducive to the species’ biology. and Manitoba (Service 2013, unpubl. or restore habitat quality. Lack of Of the 170 Dakota skipper sites for data). Thirty-seven of these sites had 3 management was considered to be a which we evaluated for one or more or more documented stressors at stressor of low-level impacts to Dakota habitat stressors, at least 136 sites have moderate or high levels of impact to the skipper or Poweshiek skipper at least one documented stressor with population for both species. These sites populations at sites that are managed by moderate to high levels of impact to are found across most of the current grazing, haying/mowing, or fire that populations—these sites are found range of the species and occur in Iowa, precludes loss of Dakota skipper or across the current range of the species Michigan, Minnesota, North Dakota, Poweshiek skipperling habitat to in Minnesota, North Dakota, South South Dakota, and Manitoba (Service secondary succession and invasive Dakota, Manitoba, and Saskatchewan 2013, unpubl. data); furthermore, species (e.g., smooth brome). Ten of the (Service 2012 unpubl. data; Service concurrently acting stressors may have 18 Dakota skipper sites assessed are 2013, unpubl. data). Fifty-eight sites more intense effects than any one under high level of impact to population have 2 or more documented stressors of stressor acting independently. due to lack of management and 5 sites moderate to high levels of impact to Therefore, based on our analysis of the are under moderate level of impact to populations, and 23 sites have three or best available information, present and the population. Five of the 13 more documented stressors of moderate future loss and modification of to high level of impact to populations. Poweshiek skipperling sites assessed are Poweshiek habitat is a stressor that has Sites with three or more stressors are under high level of impact to the significant impacts on the species found across most of the current range population due to lack of management throughout its range. and 6 sites are under moderate level of of the species; these sites occur in impact to the population. The Dakota Minnesota, North Dakota, South Dakota, Conservation Efforts To Reduce Habitat skipper and Poweshiek skipperling are and Manitoba (Service 2012 unpubl. Destruction, Modification, or unlikely to persist at those sites where data; Service 2013, unpubl. data). Curtailment of Its Range the level of impact to the population Twenty-three of these sites had 3 or due to lack of management is high. Sites more documented stressors at moderate In the past, funding for conservation currently under stress by lack of or high levels of impact. Sites with three of rare species was primarily directed management occur throughout the range or more stressors are found across the toward federally listed or candidate of both species; however, most of the current range of the species in the species, so while the Poweshiek present or unknown sites that lack United States; these sites occur in skipperling may have benefited appropriate management are in North Minnesota, North Dakota, and South indirectly from conservation activities Dakota, South Dakota, Minnesota, and Dakota. Furthermore, concurrently focused on species such as the Dakota Michigan. In summary, lack of acting stressors may have more intense skipper and Mitchell’s satyr disturbance is a current and ongoing effects than any one stressor acting (Neonympha mitchellii mitchellii), it stressor to Dakota skipper and independently. Therefore, based on our has not generally been the primary focus Poweshiek skipperling populations analysis of the best available of those activities. As a result, survey where woody vegetation or invasive information, present and future loss and data and incidental life-history species expansion will reduce native modification of Dakota skipper habitat observations have been accumulated as prairie grasses and flowering forbs. is a stressor that has significant impacts a part of projects focused on other on populations of the species species, but surveys were not Summary of Factor A throughout all of its range. Habitat- necessarily focused on Poweshiek We identified a number of threats to related stressors occur at sites with skipperling sites and detailed life- the habitat of the Dakota skipper and Dakota skipper populations within history, population, and demographic Poweshiek skipperling that operated in every state and province of occurrence. data have generally not been collected the past, are impacting both species Similarly, of the 68 Poweshiek for the species. Various conservation now, and will continue to impact the skipperling sites with present or activities directed at the Dakota skipper species in the future. The decline of unknown status that we analyzed for also indirectly benefit the Poweshiek

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63607

skipperling; these activities are 2012a, entire). Royer (2008, entire) Prairie easements generally prevent summarized below. assessed abiotic habitat parameters of grasslands from being plowed or Conservation agencies have soil in relation to management and destroyed and prevent haying before recognized the need to address the conservation of Dakota skippers to July 16, but may not restrict grazing, status of prairie butterflies for more than complement prior floristic pesticide use, or other practices that can 30 years beginning with a 1980 characterization of these habitats. The degrade the status of Dakota skipper or workshop held to initiate studies of Minnesota DNR and the Service Poweshiek skipperling populations. For Dakota skippers and other prairie planned to cooperatively study the example, one property with a Service butterflies. In June 1995, the U.S. Fish effects of grazing on the Dakota skipper easement was recently overgrazed to the and Wildlife Service convened Dakota and Poweshiek skipperling (Selby extent that Dakota skipper was skipper experts to outline tasks needed 2003a, entire; Selby 2003b, entire; Selby extirpated from the site (Skadsen 2006b, to preserve enough viable populations 2004b, entire, Selby 2006, entire); p. 5). Cost-share partnerships on to ensure long-term security for the however, skipper numbers were too low easements and other areas, however, species. The group outlined a plan for to collect sufficient data to test may further enable landowners to surveying populations and hypotheses (Selby 2006, p. 30). manage grasslands to benefit Dakota characterizing sites and habitats at In the past, the Service funded some skippers and other prairie endemic priority areas, identifying and management activities intended to species. The Service may implement recommending management needs, benefit the Dakota skipper, including such actions through the Partners for monitoring, and outreach and habitat management at Big Stone Fish and Wildlife program or in education. In 1999, a Dakota skipper National Wildlife Refuge, Minnesota collaboration with U.S. Department of recovery strategy meeting was held in (Olson 2000, entire), landowner contacts Agriculture Natural Resources South Dakota with state, Federal, and and education on conservation practices Conservation Service or other agencies. nongovernmental biologists attending in South Dakota (Skadsen 1999b, Since 1990, the Service has purchased (Skadsen 1999b, entire). In 2011, entire), and prairie vegetation easements to prevent grassland researchers in Canada organized a restoration at Chippewa Prairie in 2000 conversion on millions of acres in Poweshiek Skipperling Workshop and and at Twin Valley Prairie SNA, Minnesota, North Dakota, and South followup conference call that brought Minnesota, in 2001. The results of these Dakota (Larson 2013, pers. comm.). together researchers and managers from efforts are varied; for instance, the Only some of these areas include Dakota across the range of the Poweshiek prairie habitat at Twin Valley Prairie skipper or Poweshiek skipperling sites, skipperling to provide updates on SNA was recently rated as excellent are within the range of either species, or survey data, discuss ongoing activities, quality (Service 2013, unpubl. include suitable habitat for either and plan future work. The workshop geodatabase), but the status of both species. resulted in specific conservation action Conservation-interested agencies, species at that site is unknown; the last plans for the species. The Minnesota individuals, and Tribes in South Dakota positive observation of Dakota skippers Zoo organized a followup conference have made concerted efforts for decades and Poweshiek skipperlings was 1993 during March 2013 to assess progress of to conserve native prairie within the and 1994, respectively. The Dakota the 2011 Poweshiek Skipperling Dakota skipper range. For example, skipper is extirpated from Chippewa Workshop Action Plans, facilitate there are approximately 54,000 ac Prairie and the status of the Poweshiek discussion on the potential effects of (21,853 ha) of fee title lands in grassland management activities on prairie skipperling is unknown at the site; the that are managed by the Service in 12 butterflies, identify needed information last positive observations of the species of the counties within the historical or and data gaps, establish new priorities were in 1995 and 1994, respectively current range of the Dakota skipper and for research and a draft action plan for (Service 2013, unpubl. geodatabase). 365,000 ac (147,710 ha) protected by the 2013, and facilitate networking and The Service purchases easements to Services’ grassland easement program collaborations focused on the prevent prairie conversion for (Table 5; Larson 2013, pers. comm.). conservation of the Dakota skipper and agriculture and provide cost-share to These acreages do not include an Poweshiek skipperling, as well as other support rotational grazing and other additional 4,000 ac (1,619 ha) of grass tallgrass prairie butterflies in the practices that may benefit Dakota protected by acquisitions that have Midwest. skippers and Poweshiek skipperlings. occurred in 2012 (Larson 2013, pers. Research and survey work has For example, in 12 counties in South comm.). Not all of these lands, however, occurred throughout the range of both Dakota within the range of the species, may be managed in such a manner that species to document populations, to the Service’s grassland easement is conducive to Dakota skipper study the life history of both species, program has protected 365,193 ac populations. and to examine the effects of various (147,788 ha) of grassland that are About one-half of the present or management practices, such as fire and primarily native prairie (Larson 2013, unknown Dakota skipper sites (total grazing, on the species and their habitat. pers. comm.; HAPET 2012 unpubl. number of present/unknown sites is For example, research and survey work data), although it is not clear whether 172) in the United States are privately on Dakota skippers began with Dana’s these lands are suitable habitat for either owned (excluding populations on land (1991, entire) doctoral study on fire species. Other Service fee title lands, owned by The Nature Conservancy). effects at Hole-in-the-Mountain, state lands, and Natural Resources Twelve of these populations are on Minnesota, beginning in 1979 and Conservation Service easement lands private land on which the Service has McCabe’s (1981, entire) 1979 surveys for may also protect areas from conversion, purchased conservation easements that the Garrison Diversion project in North depending on the protections in those preclude plowing and haying before Dakota. Additional work has been areas (Larson 2013, pers. comm.). If July 16. Manitoba Habitat Heritage completed on characterizing habitat at easements are near prairie butterfly Corporation has an easement that important Dakota skipper sites in habitat they can minimize the threat of overlaps with one Dakota skipper site in Minnesota (Dana 1997, entire) and conversion and may provide dispersal Canada (Friesen 2013, pers. comm.). North Dakota (Lenz 1999, entire, Royer corridors or buffer sites from external Similarly, of the 70 privately owned and Royer 1998, entire, Royer and Royer threats (e.g., pesticide drift). sites where Poweshiek skipperling has

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63608 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

been recorded since 1985, 8 sites (all in able to produce seed (Royer and Royer jointly by The Nature Conservancy and Minnesota) have conservation 2012, p. 15). South Dakota State University (Skadsen easements. These easements do not The Day County Conservation 2008, p. 10). prescribe grazing practices but are District, South Dakota, places a high In 2005, the Service’s National intended to prevent grassland priority on implementing prescribed Wildlife Refuge System in North and conversion to cropland, which is grazing on rangelands known to support South Dakota adopted the Conservation detrimental to Dakota skippers or Dakota skippers and bordering sites in Strategy and Guidelines for Dakota Poweshiek skipperlings. Additional the Upper Waubay Basin Watershed Skippers on Service Lands in the measures on some easement properties (Skadsen 1999b, p. 3). Their efforts Dakotas, which are based on the could ensure grazing practices do not include soliciting grants and providing Service’s Dakota Skipper Conservation inadvertently impact either species. education on grazing management, Strategy and Guidelines and on versions The Nature Conservancy’s Minnesota controlled burning, and integrated pest of the Service’s conservation guidelines and Dakotas offices initiated a Prairie management to control leafy spurge, for Dakota skipper. The guidelines were Coteau Coordinated Conservation through workshops and a demonstration revised in March 2013 (http:// Planning Effort and Plan in 1998 to site. There are seven Poweshiek www.fws.gov/midwest/endangered/ facilitate conservation actions by skipperling sites in Day County with insects/dask/ various landowners, including private, unknown occupancy and no sites where DASKconservationguidelines2013.html). county, state, tribal and Federal, on high the species is considered to be present. In the Dakotas, the Service plans to biodiversity prairie sites (Skadsen There are a total of 14 Dakota skipper implement the conservation guidelines 1999b, entire). Additional partners sites in Day County: 2 sites where the on all of its lands where the Dakota include conservation organizations, species is considered to be present, and skipper is known to occur—the Service local conservation districts, and 12 sites that have an unknown owns 12 Dakota skipper sites in the universities. The Nature Conservancy occupancy. It is not known how many Dakotas where the species is considered acquired a reserve in the Sheyenne of these sites are benefiting from these present or has unknown occupancy. The Grassland area, Brown Ranch, which is efforts and to what degree. guidelines also suggest that the Service In South Dakota, completed a Dakota skipper site with an unknown examine other lands under its management plans guide habitat status, and manages some of the most ownership to determine whether restoration at Hartford Beach State Park significant habitats for the two species unrecorded populations of Dakota and Pickerel Lake State Recreation Area in Minnesota, including the Hole-in-the- skippers may be present and to conduct (Skadsen 2008, pp. 4–7; Skadsen 2011, Mountain Prairie preserve. Based on surveys in those areas or manage the site pp. 1–4). At each site, the lack of in accordance with the Dakota Skipper intensive surveys in 2007, Dana (2008, haying, grazing, or fire had allowed p. 19) found ‘‘considerable reassurance’’ plant succession to degrade and reduce Conservation Strategy and Guidelines. that the rotational burning approach the extent of Dakota skipper habitat. These guidelines will be reviewed and used at Prairie Coteau SNA and Hole-in- Dakota skipper habitat at these sites is updated to reflect new information as it the-Mountain Preserve is compatible divided into 3–4 management units. A is developed. with long-term persistence of the Dakota controlled burn was conducted in one Poweshiek Skipperling skipper, for example, by controlling unit at Hartford Beach State Park in woody vegetation encroachment. The 2008, and shrubs were removed from Most of the conservation initiatives Minnesota DNR also manages the Prairie two of the units (Skadsen 2008, p. 4). At discussed above were put in place to Coteau SNA with rotational burning Pickerel Lake State Recreation Area, a benefit the Dakota skipper, but may also (Dana 2008, p. 19), which may control controlled burn was conducted in 2007, benefit the Poweshiek skipperling. woody vegetation encroachment. The and in 2008 the site was hayed and Conservation initiatives are also in place Clay County Stewardship Plan (Felton shrubs were removed. The Dakota at several Poweshiek skipperling sites in Prairie Stewardship Committee 2002) skipper was present in the burned unit Wisconsin and one or two sites in may have reduced the likelihood and for the first time since 2002 after ‘‘a Michigan. severity of gravel mining within the dramatic increase in forbs, especially At least two sites occupied by Felton Prairie complex in Minnesota. purple coneflower, occurred after the Poweshiek skipperling in Michigan are Many of the best sites for Dakota burn’’ and ‘‘apparently attracted Dakota at least partially owned and managed by skipper and Poweshiek skipperling in skippers from a nearby site’’ (Skadsen the Michigan Nature Association South Dakota are on tribal lands 2008, p. 2). The Poweshiek skipperling (MNA); however, the MNA does not managed by the Sisseton-Wahpeton is extirpated from both sites, but the specifically manage for Poweshiek Sioux Tribe (e.g., Scarlet Fawn and Oak reasons for its disappearance are not skipperling conservation. The State of Island Prairies) (Skadsen 1997, Skadsen known (Service 2012, unpubl. data). At Michigan owns part or all of four 2012, p. 3), with late season haying. each site, prescribed fire and brush occupied Poweshiek skipperling sites; According to Skadsen (2012, p. 3) ‘‘. . . control are implemented on a rotational however, most of those lands are as in prior years, the fall hayed prairies basis (Skadsen 2011, pp. 1–4); at managed as state recreational areas, not held in trust by the Sisseton Wahpeton Pickerel Lake State Recreation Area, for prairie butterfly conservation. Oyate had the most diverse native flora forbs were planted in 2011 to diversify Landowners at one fen site are and thus the largest numbers of Dakota nectar resources for prairie butterflies participating in a Michigan DNR Land skippers.’’ Although these lands (Skadsen 2011, pp. 2–4). Incentive Program, and a portion of generally contain high-quality habitat A privately owned ranch with Dakota another occupied site is part of the Burr for prairie butterflies in eastern South skippers in Day County, South Dakota, Memorial Prairie Plant Preserve Dakota (Skadsen 2012, p. 3), a change to is managed with a patch burn grazing (Michigan Natural Features Inventory alternate year haying—instead of annual system in which each grazing unit is 2011, unpubl. data). The Poweshiek haying—may further improve habitat rested for a full year (Skadsen 2008, p. skipperling may benefit from quality by ensuring that plants that 10), which may be beneficial to the conservation activities in place for the flower during the Dakota skipper and species. The effects of patch burn federally endangered Mitchell’s satyr at Poweshiek skipperling flight periods are grazing at this site are being studied one Michigan site.

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63609

Poweshiek skipperling sites in for the Poweshiek skipperling (Royer skippers, including Ambush bugs Wisconsin are owned and managed by and Marrone 1992b, p. 16). Collection is (Hemiptera: Phymata sp.), flower the Wisconsin DNR, who manage the not currently a threat to either species spiders (Aranaea: Misumena spp.), and land to maintain and improve prairie in Canada (COSEWIC 2003, p. 18). orb weavers (various Araneldae). habitat. The Wisconsin DNR recently Scientific Collectors Permits are Although flower spiders and ambush received a Sustain Our Great Lakes required in states where both species bugs are effective predators of nectar- (SOGL) grant to conduct invasive have legal protection, and permission is feeding insects (McCabe 1981, pp. 187– species management on several SNAs, often required to collect specimens on 188) and may cause mortality to some including Puchyan Prairie (Wisconsin protected areas. Furthermore, these individuals, no evidence indicates that DNR 2012, in litt.). The Scuppernong species are not collected for commercial these predators have population level Prairie SNA, Wilton Road, and Kettle purposes; the drab coloration likely impacts to either the Dakota skipper or Moraine Low Prairie SNA are managed makes both species less desirable for Poweshiek skipperling. Similarly, Orb primarily through fire and invasive collectors and the remoteness of weaver spiders appear to be successful species control. occupied habitat and limited flight predators of ‘‘old, warn individuals’’ Furthermore, the Minnesota Zoo period would make recreational (McCabe 1981, p. 188), but no evidence recently initiated a propagation research collections difficult (Borkin 2012, pers. indicates that these predators have program for the Poweshiek skipperling comm.). Therefore, overutilization for population-level impacts to the Dakota and Dakota skipper to develop methods commercial, recreational, scientific, or skipper and Poweshiek skipperling. to propagate this and other species in educational purposes is not currently a Therefore, we do not consider either the future. If this program is successful, threat to Dakota skipper and Poweshiek disease or predation to be a significant the conservation benefit could be skipperling. stressor to the Dakota skipper or possible if it could facilitate Although recreational collection is Poweshiek skipperling populations at reintroduction and augmentation efforts not a threat to these species at this time, this time, nor do we expect these into areas where the species has due to the few populations, small stressors to become threats in the future. declined or disappeared. Furthermore, population size, and restricted range, if Factor D. The Inadequacy of Existing this propagation effort may lead to any recreational collecting did occur in Regulatory Mechanisms knowledge of basic biology and life the future, even limited collection from history of both species. the remaining small and isolated Existing regulatory mechanisms vary To summarize, the conservation populations could have deleterious by location, but generally do not initiatives discussed above may effects on these species’ reproductive mitigate for the numerous threats that ameliorate one or more stressors on and genetic viability. the Dakota skipper and Poweshiek populations of Dakota skipper and skipperling face. Factor C. Disease or Predation Poweshiek skipperling at a relatively State Regulations small number of sites. Approximately Diseases or parasites that are specific 12 Dakota skipper sites and 8 Poweshiek to the Dakota skipper or Poweshiek The Dakota skipper is listed as skipperling sites benefit from skipperling are not known, but some threatened under Minnesota’s conservation easements; 12 Dakota parasitism or predation likely occurs endangered species statute. Under the skipper sites are owned by the Service during each of the life stages. For Minnesota statute, a person may not and may benefit from implementation of example, 10 of 130 eggs tagged for field take, import, transport, or sell any Dakota skipper conservation guidelines; observation in a 1994 study of a portion of an endangered species of 2 sites in state parks are undergoing Wisconsin Poweshiek skipperling wild animal or plant, or sell or possess prairie restoration and management; population appeared to have suffered with intent to sell an article made with approximately 5 additional Dakota from predation or parasitism (Borkin any part of . . . an endangered species skipper sites and 4 Poweshiek 1995b, p. 5); some were punctured and of wild animal or plant’’ except as skipperling sites are managed to benefit had the contents extracted, and others permitted by the Minnesota DNR prairie butterflies, such as rotational fire turned black and dried up. Dana (1991, (Minnesota Statutes 2012, 84.0895). The management. Since numerous sites have pp. 19–21) documented some parasitism Poweshiek skipperling is listed as a two or more stressors of moderate to of Dakota skipper and Ottoe skipper species of special concern in Minnesota, high-level impacts to one or both (Hesperia ottoe) eggs and larvae by which conveys no prohibitions against species, all stressors are likely not various wasp and ant species and take of the species. The Minnesota DNR completely ameliorated at many sites. predation by various insects. Wolbachia, has proposed to list Poweshiek Initiatives such as captive propagation ubiquitous intercellular bacteria skipperling as endangered and to and studies of the effects of various estimated to affect 20–70 percent of all change the status of Dakota skipper from management techniques may be applied insect species, including many butterfly threatened to endangered (Minnesota broadly and may be beneficial to each species, affects the reproductive ecology DNR 2012), but it is unclear when this species as a whole—the timeframe for of its host (Kodandaramaiah 2011, pp. may go into effect. The Poweshiek these benefits to be realized, however, 343–350). It is uncertain if Wolbachia skipperling is listed as threatened under will not be immediate. are affecting the Dakota skipper or state endangered species statutes in Poweshiek skipperling. The University Iowa and Michigan and as endangered Factor B. Overutilization for of Michigan (at Dearborn) has plans to in Wisconsin. South Dakota has an Commercial, Recreational, Scientific, or study Wolbachia bacteria on one or both endangered species act, but no Educational Purposes of the species. invertebrates are currently listed. South Although its biology could make the Predation by birds or insects is not Dakota put forth a proposal to add the Dakota skipper sensitive to collection at considered a major component of Dakota skipper to the state endangered some locations, the present level of Dakota skipper or Poweshiek species act list, but it was not finalized. scientific collection is minimal and skipperling population dynamics and Although the Dakota skipper is not recreational collecting is unlikely (Royer does not likely impact the species. listed as threatened or endangered and Marrone 1992a, p. 27). No McCabe (1981, p. 187), however, noted under South Dakota’s endangered collection threats are known or likely three kinds of predators to Dakota species statute, the State natural

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63610 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

heritage program considers the species species in the future, these objectives Factor E. Other Natural or Manmade to be imperiled because of rarity due to may benefit the species at a local scale. Factors Affecting Its Continued very restricted range and very few Existence Canadian Regulations populations. North Dakota does not Habitat Fragmentation and Population have a mechanism for conferring Dakota skipper and Poweshiek Isolation protection to threatened or endangered skipperling are listed as threatened species at the State level. under Canada’s Species at Risk Act As habitat specialists, habitat State Endangered species statutes (SARA) (Environment Canada 2012. fragmentation has a strong negative provide state natural resource or Species at Risk Act Public Registry. effect on the distribution and abundance conservation agencies with the authority . Accessed February 8, 2012). on remnant native tallgrass prairie or skipperling in Iowa, Michigan, and Under SARA, take of both species is native mixed-grass prairie and, in Wisconsin and Dakota skipper in prohibited on Canadian Federal lands, Michigan, Poweshiek skipperling Minnesota), but we have no information but the Poweshiek skipperling occurs depends on native prairie fens. Habitat to suggest that collection is a stressor only on non-federal lands in Canada, fragmentation reduced once extensive that impacts populations of the species. and only four or five Dakota skipper areas of these habitats to a collection of With the exception of the regulation of sites are on Federal lands (Coalfields patches of varying quality and isolation. some incidental take in Wisconsin and Community Pasture) in Canada. The The probability of extinction within Minnesota, the statutory protections Federal Cabinet may create an order patches can be determined primarily by afforded by these state statutes may do extending SARA’s powers (e.g., to degradation of habitat quality, little to protect or mitigate Poweshiek private lands) if a species is management techniques (e.g., haying, skipperling or Dakota skipper from non- insufficiently protected by provincial prescribed burns), and likelihood of stochastic events, such as wildfire or collection threats. While some threats laws; however this has not been done floods. may result in direct mortality of both for either of these species. The Dakota Although there are no genetic studies species, such as ill-timed fires, most skipper is listed as threatened under the threats to the species are indirect and on the Poweshiek skipperling, Manitoba Endangered Species Act, and fragmentation of tallgrass prairie has state laws that regulate direct harm to it is therefore unlawful to kill, injure, the species do not address these threats. degraded the genetic diversity of possess, disturb, or interfere with the remaining Dakota skipper populations In Iowa, for example, Poweshiek Dakota skipper; destroy, disturb, or skipperling populations are likely now (Britten and Glasford 2002, pp. 371– interfere with its habitat; or damage, 372). What may have once been a single extirpated due to habitat destruction destroy, obstruct, or remove a natural and conversion and other undetermined population of Dakota skippers spread resource on which the species depends across formerly extensive tallgrass and threats, despite its presence on the for its life and propagation (Manitoba State’s list of threatened species since mixed-grass prairie (McCabe 1981, p. Endangered Species Act Accessed Poweshiek skipperlings may be known to be or may still be present February 7, 2012). The Poweshiek addressed in conservation plans, state (sites with present (91) or unknown (81) skipperling was recently listed as endangered species protections do not status). The small genetic differences endangered in Manitoba ( Accessed December 28, are threats to the State’s small and the species’ range suggest that they were 2012). There is no legal basis for isolated populations. formerly connected (Britten and protecting threatened or endangered Glasford 2002, pp. 371–372). Each Federal Regulations invertebrates in Saskatchewan, but since Dakota skipper population is now The U.S. Forest Service (Forest both species are listed under SARA, the subject to genetic drift that may erode Service or USFS) has designated the national government could step in to its genetic variability over time and Poweshiek skipperling and the Dakota protect the species in the province if the possesses genetic qualities indicative of skipper as sensitive species (a species province does not act to protect the inbreeding (Britten and Glasford 2002, identified by a Regional Forester for species (Environment Canada. 2012. pp. 371–372). Inbreeding lowers the which population viability is a concern) Species at Risk Act: A Guide. Accessed February 7, magnify the effect of deleterious alleles sensitive species benefit Dakota skipper 2012). (genes with undesirable effects on and Poweshiek skipperling where they To summarize, some of the regulatory individuals or populations) (Nieminen occur (or could occur) on USFS lands; mechanisms discussed above are et al. 2001, pp. 242–243). however, the majority of populations of beneficial to populations of Dakota Poweshiek skipperlings are not wide both species do not occur within USFS skipper and Poweshiek skipperling at a dispersers (Burke et al. 2011, p. 2279; lands. The Poweshiek skipperling has local scale; however, most do not Fitzsimmons 2012, pers. comm.); been documented at two sites on the ameliorate stressors except for harm to species experts have estimated Sheyenne National Grasslands; individuals in certain states. With the maximum dispersal distance to be less however, it has not been observed since exception of the regulation of some than 1.6 km (1.0 mi) (Westwood 2012b, 2001 at one site and 1996 at the other. incidental take in Wisconsin, pers. comm; Dana 2012b, pers. comm.). Therefore, these Forest Service Minnesota, and Canada, the statutory Its mobility, however, has been ranked objectives, although promising, have protections afforded by these statutes as less than that of Dakota skipper little ability to affect the rangewide may do little to protect Poweshiek (Burke et al. 2011, p. 2279; Fitzsimmons status of the species. If Forest Service skipperling or Dakota skipper from non- 2012, pers. comm.); therefore, a more lands were to be occupied by either collection stressors. conservative maximum dispersal

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63611

distance may be more similar to that of effectively isolated, and would not be Little Goose Lake Fen, for example, are the Dakota skipper (less than 1 km (0.6 recolonized if extirpated (Service 2012 separated from other populations by at mi)). Most individuals may remain unpubl. data; Service 2013, unpubl. least 8 km (5 mi)—too far for immigrants within a single habitat patch during data). Using a more conservative to repopulate the site. Furthermore, their 5–7 day adult life span; therefore, maximum dispersal of 1.0 km (0.6 mi), Little Goose Lake Fen may contain too local extinctions of the Poweshiek approximately 56 percent of Poweshiek few Poweshiek skipperlings (Michigan skipperling on isolated habitat skipperling locations with present or Natural Features Inventory 2011, fragments are likely permanent unless unknown status are effectively isolated. unpubl. data) to generate sufficient one or more populations located within Isolation was a factor in loss of a site at numbers of immigrants. In addition, 1.0–1.6 km (0.6–1.0 mi) are large enough Hartford Beach State Park, South poor habitat quality negatively to produce immigrants to reestablish Dakota, where the Poweshiek influences the number and quality of populations. Furthermore, skipperling was extirpated due to emigrants (Thomas et al. 2001, p. 1795; fragmentation of tallgrass prairie began habitat succession and exotic plant Matter et al. 2009, p. 1467). Isolation is in about 1830, and at least 85 to 99 invasion (Skadsen 2009, p. 4; Skadsen not likely alleviated by connections to percent of the original prairie is now 2010, pers. comm.), but was located too low-quality habitats that are not capable gone across the species’ ranges (Samson far from a source population for natural of producing emigrants at the numbers and Knopf 1994, p. 419). As a result, recolonization to occur. Improved or frequency sufficient to reliably Poweshiek skipperling and Dakota prairie management has since markedly repopulate nearby patches. skipper populations are now scattered improved habitat quality, but the Even with proper prairie in fragments of this once vast species has not been detected since management, extreme weather patterns ecosystem. The Poweshiek skipperling 2006 at Hartford Beach State Park or severe weather events may may not move across barriers; for (Skadsen 2009, p. 4; Skadsen 2012, p. 4; significantly impact Poweshiek instance, in Manitoba, Poweshiek Service 2013, unpubl. data). For Dakota skipperling and Dakota skipper skipperlings have been observed skipper, if we use a maximum dispersal populations, because they can occur avoiding dispersal over short distances, distance of 1 km (0.6 miles), across a large geographic area. These even to suitable habitat, if a barrier such approximately 84 percent of Dakota events include extremely harsh winters, as a road exists between suitable prairie skipper sites with present or unknown late hard frosts following a spring thaw, habitat or nectar sources (Westwood et status are effectively isolated. severe storms, flooding, fire, or cool al. 2012, p.18). Repopulation of damp conditions. Habitats isolated as a This simple analysis, however, Poweshiek skipperling sites after result of fragmentation will not be probably underestimates the impacts of extirpation has been observed (e.g., after recolonized naturally after local habitat fragmentation on the species. a flood) (Saunders 1995, p. 15), but extirpations, as described above. Dakota Populations of both species may only be source populations need to be adjacent skipper and Poweshiek skipperling near others that are too small to produce or very close. numbers may decline due to the Similarly, Dakota skippers have a sufficient numbers of immigrants. This extirpation of isolated local populations short (5- to 7-day) life span (Dana 1991, is true for the Poweshiek skipperling in where recolonization is no longer p. 32) and an estimated maximum Scuppernong Prairie in Wisconsin, for possible, even without further habitat dispersal distance to be no greater than example, which is about 0.3 km (0.2 mi) destruction (Schweitzer 1989, 1 km (0.6 mi) between patches of prairie from the Wilton Road population; fewer unpaginated). The likelihood of habitat separated by structurally similar than 100 individuals have been counted population extirpation may be directly habitats (Cochrane and Delphey 2002, at this site each year (See Population related to the size of habitat fragments. pp. 6, 32). Therefore, Dakota skipper Distribution and Status). Numbers at For example, in systematic surveys on and Poweshiek skipperling habitat Wilton Road are currently too small Minnesota prairies, Swengel and patches separated by more than 1 km (less than 12 individuals counted each Swengel (1997, pp. 134–137; 1999, p. (0.6 mi) are effectively isolated from one year) to produce sufficient numbers of 284) found no Dakota skippers on the another (McCabe 1981, p. 190; Swengel emigrants to Scuppernong Prairie to smallest remnants (less than 20 ha (49 1998). Extirpation of small, isolated reestablish a viable population in the ac)), and significantly lower abundance populations may occur over many years event of the latter’s extirpation. There is on intermediate size (30–130 ha (74–321 in some cases, but may be inevitable no population of Poweshiek ac)) than on larger tracts (greater than where immigration from nearby skipperlings near the Puchyan Prairie 140 ha (346 ac)). These differences were populations is not possible (Hanski et site (which is about 100 km (62 mi) from unrelated to vegetation characteristics; al. 1996, p. 535). the nearest site in Wisconsin); habitat area did not correlate Because Dakota skipper and additionally, only a few individuals significantly with vegetation type, Poweshiek skipperling habitat is highly have been observed at this site each quality, or topographic diversity fragmented and because the species are year. In North Dakota, Orwig (1997, p. (Swengel and Swengel 1999, p. 284). subject to local extinction, their ability 3) found that a 6 ha (15 ac) patch of We assessed the stressor of small size to disperse to reoccupy vacant habitat Poweshiek skipperling habitat at and isolation of habitat for 143 Dakota patches may be crucial for their long- Hartleben Prairie was connected by skipper sites and 68 Poweshiek term persistence. Patch isolation and grassland to another Poweshiek skipperling sites with present or decreased permeability of surrounding skipperling population, but neither was unknown status—many of the sites with habitat acts as a dispersal barrier considered a robust population. Only 2 where the species is present in Canada between patches, ultimately decreasing of the 11 Poweshiek skipperling sites were not evaluated because we had little genetic diversity within the patch with present status in Michigan are or no information on the size of sites through genetic drift and inbreeding. If located within 1 mi (1.6 km) of another (Service 2012 unpubl. data; Service we assume isolation occurs when a site; the rest are completely isolated 2013, unpubl. data). We considered patch is more than 1.6 km (1.0 mi) from from other populations. Furthermore, small size and isolation of habitat to be another patch, then about 45 percent of most of these populations consist of few a stressor with a low-level impact on Poweshiek skipperling locations with individuals (see Population Distribution populations at sites that contain more present or unknown status are and Status). Poweshiek skipperlings at than 140 ha (346 ac) of native prairie or

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63612 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

the species’ habitat onsite is located less stressor of moderate to high severity to observed increase in greenhouse gas than 1 km (0.6 mi) from habitat both the Dakota skipper and Poweshiek (GHG) concentrations in the atmosphere occupied by the species on another site. skipperling. The stressor has a high as a result of human activities, If the sum of native prairie on the site impact to populations when isolation is particularly carbon dioxide emissions under review plus that on the nearby combined with small habitat fragments from use of fossil fuels (IPCC 2007a, pp. site(s) is less than 140 ha (346 ac), then or small populations; for example, 5–6 and figures SPM.3 and SPM.4; this threat was considered to have a where the population is too small to Solomon et al. 2007, pp. 21–35). Further moderate or high impact on supplement nearby populations without confirmation of the role of GHGs comes populations. We considered small size adverse genetic consequences to the from analyses by Huber and Knutti and isolation of habitat to be a stressor source population. Isolated populations (2011, p. 4), who concluded it is with moderate impacts on populations occur throughout both species’ entire extremely likely that approximately 75 at sites where the species’ habitat is ranges; only two percent of Poweshiek percent of global warming since 1950 greater than 1 km (0.6 mi) from any sites with present or unknown status are has been caused by human activities. other area where the species is present, within the estimated maximum Scientists use a variety of climate but contains more than 30 ha (74 ac) of dispersal distance from one another as models, which include consideration of habitat for the species; or where the are about 16 percent of Dakota skipper natural processes and variability, as species’ habitat is less than 1 km (0.6 sites with present or unknown well as various scenarios of potential mi) from occupied Dakota skipper and occupancy. The small populations are levels and timing of GHG emissions, to Poweshiek skipperling habitat on subject to erosion of genetic variability evaluate the causes of changes already another site, but the sum of native leading to inbreeding, which lowers the observed and to project future changes prairie on the site under review plus ability of the species to adapt to in temperature and other climate that on the nearby site(s) is less than 140 environmental change. Small conditions (Meehl et al. 2007, entire; ha (346 ac) and greater than 30 ha (74 populations occur rangewide for both Ganguly et al. 2009, pp. 11555, 15558; ac). Sites that contain a small area of species; for example, surveyors have Prinn et al. 2011, pp. 527, 529). All Dakota skipper and Poweshiek counted fewer than 100 individuals in combinations of models and emissions skipperling habitat—no more than 30 ha all but 4 Poweshiek skipperling sites in scenarios yield very similar projections (74 ac)—and that are not within 1 km 2011 and all but one site surveyed in of increases in the most common (0.6 mi) estimated maximum dispersal 2012. measure of climate change, average distance of occupied Dakota skipper global surface temperature (commonly Climate Change habitat are considered to have a stressor known as global warming), until about of high magnitude to those populations Our analyses under the Act include 2030. Although projections of the due to a combination of their small size consideration of ongoing and projected magnitude and rate of warming differ and isolation. changes in climate. The terms ‘‘climate’’ after about 2030, the overall trajectory of Dakota skipper populations on about and ‘‘climate change’’ are defined by the all the projections is one of increased 35 percent of the evaluated sites (50 of Intergovernmental Panel on Climate global warming through the end of this 143 sites) face a high level of impact to Change (IPCC). The term ‘‘climate’’ century, even for the projections based populations due to a combination of refers to the mean and variability of on scenarios that assume that GHG size and isolation (Service 2012, 2013, different types of weather conditions emissions will stabilize or decline. unpubl. data). Approximately 24 over time, with 30 years being a typical Thus, there is strong scientific support percent of evaluated sites (35 sites) face period for such measurements, although for projections that warming will a moderate level of impact to shorter or longer periods also may be continue through the 21st century, and populations due to small size and used (IPCC 2007a, p. 78). The term that the magnitude and rate of change isolation. About 40 percent of Dakota ‘‘climate change’’ thus refers to a change will be influenced substantially by the skipper sites (50 of the 143 evaluated in the mean or variability of one or more extent of GHG emissions (IPCC 2007a, sites) in the United States inhabit sites measures of climate (e.g., temperature or pp. 44–45; Meehl et al. 2007, pp. 760– that are either sufficiently large (greater precipitation) that persists for an 764 and 797–811; Ganguly et al. 2009, than 130 ha (346 ac)) or are close extended period, typically decades or pp. 15555–15558; Prinn et al. 2011, pp. enough to other Dakota skipper longer, whether the change is due to 527, 529). (See IPCC 2007b, p. 8, for a populations that small size and isolation natural variability, human activity, or summary of other global projections of is not a stressor. Similarly, the stressor both (IPCC 2007a, p. 78). climate-related changes, such as of small size and isolation has a high Scientific measurements spanning frequency of heat waves and changes in level of impact on Poweshiek several decades demonstrate that precipitation. Also see IPCC skipperling populations on about 37 changes in climate are occurring, and 2011(entire) for a summary of percent of rated sites (25 of 68 sites), on that the rate of change has been faster observations and projections of extreme 24 sites (35 percent) the threat is since the 1950s. Examples include climate events.) considered to have a moderate level of warming of the global climate system, Various changes in climate may have impact to populations, and on 28 and substantial increases in direct or indirect effects on species. percent (19 of the 68 evaluated sites) of precipitation in some regions of the These effects may be positive, neutral, the sites, we do not consider a small world and decreases in other regions. or negative, and they may change over size and isolation to be a stressor. In a (For these and other examples, see IPCC time, depending on the species and separate analysis strictly looking at 2007a, p. 30; and Solomon et al. 2007, other relevant considerations, such as distances between Poweshiek pp. 35–54, 82–85). Results of scientific interactions of climate with other skipperling sites where the species is analyses presented by the IPCC show variables (e.g., habitat fragmentation) present, we found that only 2 sites are that most of the observed increase in (IPCC 2007, pp. 8–14, 18–19). within 1 km (0.6 mi) of another site global average temperature since the Identifying likely effects often involves where the species is present (Service mid-20th century cannot be explained aspects of climate change vulnerability 2013, unpubl geodatabase). by natural variability in climate, and is analysis. Vulnerability refers to the In summary, small, isolated ‘‘very likely’’ (defined by the IPCC as 90 degree to which a species (or system) is populations face a current and ongoing percent or higher probability) due to the susceptible to, and unable to cope with,

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63613

adverse effects of climate change, exacerbated by habitat fragmentation. Management for Invasive Species and including climate variability and Isolated populations, specifically, Succession extremes. Vulnerability is a function of Dakota skipper populations and Native prairie and native prairie fens the type, magnitude, and rate of climate Poweshiek skipperling populations that must be managed to prevent the indirect change and variation to which a species are separated by more than about 1 km effects of invasive species and is exposed, its sensitivity, and its (0.6 miles), are unlikely to recover from succession (processes of change in adaptive capacity (IPCC 2007a, p. 89; local catastrophes unless sufficient species structure to an ecological see also Glick et al. 2011, pp. 19–22). numbers are successfully reintroduced, community over time; secondary There is no single method for for instance, through artificial succession is a disruption to succession conducting such analyses that applies to propagation efforts. that occurs due to an event such as fire) all situations (Glick et al. 2011, p. 3). We Documentation of climate-related to Dakota skippers and Poweshiek use our expert judgment and changes that have already occurred skipperlings. If succession progresses appropriate analytical approaches to throughout the range of the Dakota too far, established shrubs or trees must weigh relevant information, including skipper and Poweshiek skipperling be removed in a way that avoids or uncertainty, in our consideration of (Johnson et al. 2005, pp. 863–871) and minimizes damage to the native prairie. various aspects of climate change. predictions of changes in annual When succession is well advanced, As is the case with all stressors that temperature and precipitation in the managers must use intensive methods, we assess, even if we conclude that a Midwest region of the United States, including intensive fire management, to species is currently affected or is likely such as Minnesota prairies restore prairie plant communities. If not to be affected in a negative way by one (Galatowitsch et al. 2009, pp. 2017), done carefully, these actions may or more climate-related impacts, it does Michigan fens (Landis et al. 2012, p. themselves harm local populations of not necessarily follow that the species 140), and throughout North America meets the definition of an ‘‘endangered the butterflies (for example, see Factor (IPCC 2007, p. 9) indicate that increased A. The Present or Threatened species’’ or a ‘‘threatened species’’ severity and frequency of droughts, under the Act. If a species is listed as Destruction, Modification, or floods, fires, and other climate-related endangered or threatened, knowledge Curtailment of Its Habitat or Range). For changes will continue in the future. regarding the vulnerability of the example, once smooth brome has Recent studies have linked climate species to, and known or anticipated invaded Poweshiek skipperling or change to observed or predicted changes impacts from, climate-associated Dakota skipper habitat, it is challenging in distribution or population size of changes in environmental conditions to eradicate it while minimizing harm to insects, particularly Lepidoptera can be used to help devise appropriate the butterflies. Willson and (Wilson and Maclean 2011, p. 262). strategies for its recovery. Stubbendiecks (2000, p. 36) Global climate change, with Native remnant prairies have been recommended burning prairie habitats, projections of increased variability in reduced by 85 to 99.9 percent across the annually in some cases, to control weather patterns and greater frequency range of both species (Samson and Knof smooth brome at the stage when the of severe weather events, as well as 1994, p. 419)—this fact, coupled with lateral shoots are elongating. In warmer average temperatures, would the low dispersal ability of both species, southwest Minnesota and in other parts affect remnant prairie habitats and makes it unlikely that populations may of Dakota skipper’s range, the optimum prairie fen habitats and may be a threat expand to new areas, for example, in a time to burn to control smooth brome that has significant impacts on prairie northward direction, to adapt to may occur during the time that the adult butterflies such as Dakota skippers and changing climate. Climate change is a butterflies are active. Cutting or grazing Poweshiek skipperling (Royer and threat that has the potential to have to remove smooth brome may have less Marrone 1992b, p. 12; Royer and severe impacts on the species; however, intensive effects on Poweshiek Marrone 1992a, pp. 22–23; Swengel et at this time our knowledge of how these skipperling and Dakota skipper larvae al. 2011, p. 336; Landis et al. 2012, p. impacts may play out is limited. All of and could be used as an alternative to 140). For example, climatic factors, the sites within the range of both fire, although these techniques also pose particularly precipitation and species are in an area that could a risk to both species if carried out evaporation, play an important role in experience the effects of climate change. annually at isolated sites. Puchyan defining suitable Dakota skipper habitat Prairie Plant Harvesting Prairie is another example of a small (McCabe 1981, pp. 189–192). Larval and isolated population that is Dakota skipper have ‘‘hydrofuge glands’’ A potential, future threat to the susceptible to invasive species control that suggest an historical or present Dakota skipper and Poweshiek efforts, if they are not conducted need of the species for protection from skipperling is collection of purple properly (Swengel and Swengel 2012, p. flooding (McCabe 1981, p. 181). Royer et coneflower (blacksamson echinacea), a 6), although the Wisconsin DNR al. (2008, p. 2) hypothesize that predominate nectar source for both proposed control efforts that may temperature and relative humidity at or species, for the commercial herbal improve habitat by removing reed near the soil surface may be important remedy market (Skadsen 1997, p. 30). canary grass, Canada thistle, and glossy factors dictating larval survival, Biologists surveying skipper habitats buckthorn (Wisconsin DNR 2012 in litt.; particularly since early stages live in a have not reported signs of plant Carnes 2012, in litt.). silken nest within a few centimeters (2– collecting, but illegal or unregulated If not appropriately managed with 3) (0.8–1.2 in) of the soil surface during harvest could become a problem in fire, grazing, or haying, Poweshiek most of the summer (McCabe 1981, pp. Dakota skipper and Poweshiek skipperling and Dakota skipper habitat 180–181, 189; Dana 1991, p. 16). skipperling habitats due to economic is degraded due to reduced diversity of Furthermore, both species and their demand (Skadsen 1997, p. 30). native prairie plants and eventually habitats may experience the effects of Currently, prairie plant harvesting is not succeeds to shrubby or forested habitats gradual shifts in plant communities and considered a threat that impacts the that are not suitable for either species. an increase in catastrophic events (such species; however, this situation may At Hartford Beach State Park in South as severe storms, flooding, and fire) due change if the demand for echinacea Dakota, for example, the Poweshiek to climate change, which are increases. skipperling was extirpated (Skadsen

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63614 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

2009, p. 4) after lack of management led pesticides is not precisely understood, Poweshiek skipperling habitat is to invasion by smooth sumac (Rhus but may be mostly tied to the use of unlikely to be exposed to broadcast glabra) and quaking aspen (Populus herbicides to control invasive species on applications. The level of impact to tremuloides) (Skadsen 2006a, p. 5). Lack rangelands. If broad applications of populations posed by herbicide and of management may also increase the herbicides are used in ways that remove pesticide use was considered to be high likelihood of invasion of exotic cool- plants from rangelands that are at sites where herbicides are likely to be season grasses, such as Kentucky important for Poweshiek skipperling or broadcast over the entire site at least bluegrass and smooth brome (Mueller Dakota skipper, then this is a potential once every four years, or herbicide use 2013, pers. comm.), which do not grow threat on all privately owned sites has significantly reduced forb or nectar when Dakota skipper and Poweshiek where broadcast applications may plant density and diversity or is likely skipperling larvae are feeding; thus a occur. to in the future. The level of impact to prevalence of these grasses reduces food Indiscriminant use of insecticides for populations posed by herbicide and availability for the larvae. pest control on rangeland, adjacent pesticide use was high at 5 of the 16 As with invasive species, actions cropland, or forests is a stressor to assessed Dakota skipper sites (2 in intended to reverse secondary populations of Poweshiek skipperling North Dakota and 3 in South Dakota) succession may be intensive and can and Dakota skipper. Insecticides used in and moderate at 2 sites—one in North themselves affect Poweshiek skipperling agriculture, urban gardens, and forests Dakota and one in South Dakota. The and Dakota skipper populations. For are a suspected cause of Colony level of impact to populations posed by example, Poweshiek skipperling Collapse Disorder in bees by reducing herbicide and pesticide use was populations failed to recover after resistance to parasites and pathogens considered to be high at 3 of the 10 prescribed burns were carried out at and may have similar effects on other assessed Poweshiek skipperling sites Kettle Moraine Low Prairie SNA after it insects (Beyers 2012, p. 1). Neonicotinyl (all 3 in South Dakota), and 1 site in had become overgrown (Borkin 2011, in pesticides, such as the imidacloprid North Dakota had a moderate level of litt.). compound, for example, are a impact to populations. Broadcast chemical control of exotic commonly used seed dressing that In summary, some efforts to manage plants such as aerial spraying of leafy spreads to nectar and pollen of woody encroachment and invasive spurge and application of broad- flowering crops (Whitehorn 2012, p. 1). species, such as herbicide use, can be a spectrum herbicides to control weeds in The spread of nonnative gypsy moths stressor to both Dakota skipper and pastures also eliminates native forbs (Lymantria dispar dispar) has increased that are important nectar sources for efforts to control this damaging species Poweshiek skipperling populations. both species (Royer and Marrone 1992a, and may also pose a threat, especially in Invasive species management is a pp. 10, 16, 28, 29, 33, 1992b, p. 17, the range of Poweshiek skipperling. current and ongoing threat of low to Orwig 1997, p. 7). For example, Insecticides used in the gypsy moth high impact to populations, depending invasion of native prairie by exotic suppression programs typically include on the intensity and extent of the use, species, primarily leafy spurge and Foray, a formulation of the bacterial types of techniques, and the Kentucky bluegrass, as well as chemical insecticide Bacillus thuringiensis compounding effects that may occur control of exotic species, are kurstakii (Btk), or Gypchek, a viral from varying management. Medium- to documented threats to Dakota skippers insecticide specific to gypsy moth high-level impacts of herbicide or at about 12 sites in North Dakota (Royer caterpillars. Btk is known to be lethal to pesticide use to Dakota skipper and and Royer 2012b, pp. 15–16, 22–23). In butterfly larvae (e.g., Karner blue Poweshiek skipperling populations have repeated surveys, Royer and Marrone butterfly) (Carnes 2011, p. 1). In been documented in North and South (1992a, p. 33) observed a correlation Wisconsin, the gypsy moth suppression Dakota. This stressor has a high impact between the disappearance of the program is managed under State Statute to populations when it is combined Dakota skipper and the advent of 26.30 and Natural Resources Board Rule with other stressors, such as chemical weed control methods in number 47, and Gypchek is used when management, that reduces or eliminates North Dakota, including the Sheyenne endangered or threatened moths or nectar food sources, or small habitat National Grasslands. Royer and Marrone butterflies are present (Wisconsin DNR, fragments that are isolated from other (1992b, p. 17), cited the combination of http://dnr.wi.gov/topic/ForestHealth/ source populations that may replenish drought and grasshopper control GypsyMothPesticides.html, accessed individuals killed by pesticides. programs along the Red River Valley as May 24, 2012). Herbicide and pesticide use may have having serious impacts on the Herbicide and pesticide use was direct or indirect effects on Dakota Poweshiek skipperling. Dana (1997, p. assessed at 16 present and unknown skipper and Poweshiek skipperling. 5) concluded that herbicide use for Dakota skipper sites and 10 Poweshiek Although such activities occur, there is weed and brush control on private lands skipperling sites occupied with present no evidence that these activities alone is the principal threat to the Hole-in-the- or unknown occupancy where we had have significant impacts on either Mountain complex in Minnesota, where sufficient information to evaluate the species, since their effects are often both butterfly species have been stressor (Service 2012, 2013, unpubl. localized. However, these factors may documented. Furthermore, herbicide or data). We considered the level of impact have a cumulative effect on the Dakota pesticide use in concert with other to populations posed by herbicide and skipper and Poweshiek skipperling management types may amplify other pesticide use to be low if herbicides or when added to habitat curtailment and threats to the butterflies. Skadsen pesticides are used, if the site is only destruction because dramatic (2006b, p. 11), for example, documented spot sprayed when and where necessary population declines have occurred in the likely extirpation of the Poweshiek (Smart et al. 2011, p. 182) and their use both species (discussed in Factor A). skipperling at Knapp Ranch in South is not expected to change in the future. Invasive species and woody vegetation Dakota after a July 2006 application of The level of threat was considered to be management helps to maintain prairie broadleaf herbicide associated with moderate if the use of herbicides is habitats and can also be beneficial to heavy grazing. The degree and likely to increase at a site (e.g., in populations of both species, for immediacy of the threat posed by response to new or expanding invasive example, when concentrated on affected broadcast application of herbicides or species), but Dakota skipper and areas through spot spraying.

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63615

Pharmaceuticals portion of its range, which contains In summary, the results of extensive The effect of pharmaceutical residues more than 80 percent of the species’ site surveys in the western portion of the in the environment on nontarget records. Unknown stressors may be the Poweshiek skipperling’s range have animals is an emerging concern (Lange current threat with the most significant documented the species’ response to et al. 2009). Ivermectin, a widely used impacts to Poweshiek skipperling in unknown stressors and indicate that and persistent veterinary Minnesota, North Dakota, and South they are a current threat of high severity. pharmaceutical used to treat cattle, is a Dakota, where populations experienced Although to date the Dakota skipper has not experienced such dramatic declines chemical of emerging concern to the a sudden decline to undetectable as the Poweshiek skipperling, similar Dakota skipper and Poweshiek numbers after about 2003. Until about unknown stressors on Dakota skipper skipperling. Ivermectin is an 2003, Poweshiek skipperling was populations likely have affected the anthelmintic (drugs that are used to regarded as the most frequently and species in Minnesota and Iowa, where treat infections with parasitic worms) reliably encountered prairie-obligate recent surveys indicate that the species that is spread to prairie environments skipper in Minnesota, which contains may be absent or at undetectable levels. via the dung of grazing cattle (Lange et nearly 50 percent of all known al. 2009, p. 2238). Lange et al. (2009, pp. Poweshiek skipperling locations. Summary of Factor E Numbers and distribution dropped 2234, 2238) found that skipper Based on our analysis of the best butterflies are particularly vulnerable to dramatically in subsequent years, however, and the species has not been available information, we have ivermectin, due to their low dispersive identified several natural and manmade capacities and habitat preferences for seen in Minnesota since 2007. Similar recent dramatic declines were observed factors affecting the continued existence soil. The extirpation of the Dakota of the Dakota skipper and Poweshiek skipper in at least one South Dakota site in North Dakota, South Dakota, and Iowa (See Background of this rule). skipperling. Effects of small population (Sica Hollow West) is possibly due to size, population isolation, and loss of ivermectin that has leached into the Recent declines of Dakota skippers genetic diversity are likely threats that environment (Skadsen 2010, pers. indicate that this species may also be have significant impacts on both comm.). impacted by unknown stressors. The species. Environmental effects resulting Pharmaceutical use is a stressor that Dakota skipper was last detected at one from climatic change, including has the potential to have high-level site in Iowa in 1992. Only one increased flooding and drought, are impacts on populations of the Dakota individual was detected in Minnesota expected to become severe in the future skipper and Poweshiek skipperling; during 2012 surveys, which included 18 and result in additional habitat losses; however, at this time our knowledge of sites with previous records; surveys for however, we have limited information these impacts is limited. Sites within undiscovered populations were also on how this stressor may affect either the range of both species could carried out on 23 prairie remnants species. Possibly the threat with the experience the effects of without previous records for the most significant impacts to the pharmaceuticals. Sites that experience species. Based on similar conditions in Poweshiek skipperling are one or more grazing, however, are particularly other parts of the species’ range, similar unknown stressors that have led to vulnerable to ivermectin use; these sites trends are anticipated outside of widespread and sharp population are primarily in South Dakota, North Minnesota. Indications of recent declines in the western portion of the Dakota, and Minnesota. The use of declining trends have been observed in species’ range. These unknown stressors pharmaceuticals such as ivermectin may South Dakota and North Dakota. In may also be the cause of the recent have a cumulative effect on the Dakota South Dakota, for example, the declines observed in Dakota skipper skipper and Poweshiek skipperling proportion of positive surveys at known populations over much of its range. when added to habitat curtailment or sites has fluctuated over time; however, Anthropogenic factors such as destruction, because habitat destruction the 2012 surveys had the lowest positive insecticides, herbicide and pesticide leads to population declines in detection rate (35 percent) for the last 15 use, and prairie plant harvest are also populations of both species (discussed years (since 1996)—much less than threats to both species. Collectively, in Factor A). comparable survey years in South these threats have operated in the past, Dakota (for years with more than 20 are impacting both species now, and Unknown Stressors Causing Population surveys). The Dakota skipper was Declines will continue to impact the Dakota detected at 12 of the 23 sites surveyed skipper and Poweshiek skipperling in The sharp and broad declines of during 2012 in North Dakota (and 2 the future. Poweshiek skipperling documented in additional sites with no previous Dakota Iowa, Minnesota, North Dakota, and skipper records); average encounter Conservation Efforts To Reduce Other South Dakota are indicative of a frequencies observed across the State in Natural or Manmade Factors Affecting response to one or more stressors that 2012 (9.4 encounters per hour), Its Continued Existence have yet to be ascertained. These however, were about half of those Several of the conservation activities unknown factors may consist of a observed during the 1996–1997 discussed under Factor A. in this rule combination of one or more of the statewide surveys (ND state average = may address some factors discussed threats described throughout Factors A, 17.4 encounters per hour). Recent under Factor E, for example life-history C and E of this proposed rule, or may survey results and similar life histories studies of both species, studies to be something that has not yet been suggest that the Dakota skipper can be examine the effects of various identified. These declines are reasonably compared to the Poweshiek management strategies on the species reminiscent of the widely publicized skipperling in their potential rate of and its habitat, and habitat restoration decline of honey bees (Apis mellifera) in decline—that is, it is reasonable to techniques such as controlled burns on that they seem sudden and mysterious assume that Dakota skipper may be sites divided into several management (Spivak et al. 2011, p. 34). vulnerable to the same unidentified units. One or more unidentified stressors factors that have caused dramatic The Minnesota Zoo has initiated a have strongly impacted Poweshiek declines in the Poweshiek skipperling, new program to research Poweshiek skipperling populations in the western with a slight delay in timing. skipperling and Dakota skipper

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63616 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

propagation. If this program is exacerbate those effects, further to undetectable levels in approximately successful, it could facilitate diminishing habitat and increasing the 50 percent of sites where it had been reintroduction and augmentation into isolation of already declining and recorded rangewide. It is presumed areas where the species has declined or isolated populations, making them more extirpated from Illinois and Iowa and no disappeared, to bolster the small genetic susceptible to genetic drift or longer occurs east of western pool and small numbers. In 2012, catastrophic events such as fire, Minnesota—an approximately 430-mi researchers at the Minnesota Zoo and flooding, and drought. Further, (690-km) reduction of its range. Much of the University of Michigan initiated a nonagricultural development such as the rangewide decline in the species has genetics study of Dakota skipper and gravel mining or housing development been observed in the last few years. Poweshiek skipperling using specimens not only can directly destroy habitat, Since 1985, researchers have surveyed at some of the few sites where either but also can increase fragmentation of 10 or more sites in 27 years; the average species was observed in 2012, habitat by increasing associated road positive detection rate for those years is specifically a few sites in Michigan, development. Additionally, draining 69 percent rangewide. Since 2010, the Wisconsin, and Manitoba for the prairie fens will increase invasive plant percent of surveyed sites with positive Poweshiek skipperling and sites in and woody vegetation encroachment. detections of the species has dropped North Dakota, South Dakota, and Numerous threats are likely acting from 80 percent in 2010, to 42 percent Manitoba for Dakota skipper. Too few cumulatively to further increase impacts in 2011, and to 35 percent in 2012. (one adult male) Dakota skipper were on the already vulnerable, small and While these types of lows in detections observed in Minnesota to obtain isolated populations of Poweshiek have been observed in past years, for samples from that State in 2012. The skipperling and Dakota skipper. example, in the early 1990s, the genetics studies will help inform Proposed Determinations numbers of individuals observed in captive propagation and reintroduction 2012 were the lowest ever recorded, efforts, which may help alleviate Section 4 of the Act (16 U.S.C. 1533), despite extensive survey effort. Dakota stressors associated with small and and its implementing regulations at 50 skippers currently occupy sites in isolated populations. CFR part 424, set forth the procedures northeastern South Dakota, North In 2011, researchers collected 32 adult for adding species to the Federal Lists Dakota, western Minnesota, southern Dakota skippers from a combination of of Endangered and Threatened Wildlife Manitoba, and southeastern 4 sites in South Dakota and translocated and Plants. Under section 4(a)(1) of the Saskatchewan. them to Pickerel Lake State Park, where Act, we may list a species based on (A) the species was last detected in 2008 The present or threatened destruction, Of the 259 historical locations, the (Skadsen 2011, pp. 7–9). The phenology modification, or curtailment of its species is presumed extirpated or of the adult flight period and purple habitat or range; (B) Overutilization for possibly extirpated from at least 87 (34 coneflower blooms did not coincide, commercial, recreational, scientific, or percent) of those sites, and the and no Dakota skippers were observed educational purposes; (C) Disease or occupancy of the species is unknown at at the release site during subsequent predation; (D) The inadequacy of approximately 81 (31 percent) sites. Of visits in 2011 or 2012 (Skadsen 2011, existing regulatory mechanisms; or (E) the 81 sites where the occupancy is pp. 8–9, Skadsen 2012, p. 4). Other natural or manmade factors unknown, at least 72 sites are subject to Researchers and managers continue to affecting its continued existence. Listing one or more threats that have a develop prairie restoration and actions may be warranted based on any moderate to high impact on those management goals for this and the of the above threat factors, singly or in populations—these sites are distributed Hartford Beach State Park site in South combination. across Minnesota, North Dakota, and South Dakota. The 9 sites with Dakota (Skadsen 2011, p. 9; Skadsen Dakota skipper 2012, p. 7). unknown occupancy without moderate- We are unaware of any conservation We carefully assessed the best to high-level threats are scattered in efforts that directly address the impacts scientific and commercial information various counties in Minnesota and of climate change to Dakota skippers or available regarding the past, present, South Dakota, and the skipper is Poweshiek skipperlings. We are and future threats to the Dakota skipper. thought to still be present at unaware of any conservation efforts that Dakota skippers are obligate residents of approximately 91 (35 percent) of the 259 address the possible effects of undisturbed (remnant, untilled) high- historical locations, although 23 of these pharmaceuticals on the Poweshiek quality prairie, ranging from wet-mesic sites have not been surveyed since 2002. skipperling and Dakota skipper. tallgrass prairie to dry-mesic mixed- Of those 91 sites, at least 83 sites are grass prairie. Native tallgrass prairies subject to one or more threats that have Cumulative Effects From Factors A have been reduced by 85 to 99.9 percent a moderate to high impact on those through E of their former area and native mixed- populations, such as conversion to Many of the threats described in this grass prairies have been reduced by 71.9 agriculture, lack of management, and finding may cumulatively or to 99 percent of their former area in small size and isolation. The remaining synergistically impact the Dakota North Dakota, Manitoba, and 8 sites that do not have stressors with skipper and Poweshiek skipperling Saskatchewan. The Dakota skipper was moderate- to high-level impacts to beyond the scope of each individual once a common prairie butterfly widely populations occur in scattered counties threat. For example, improper grazing dispersed in five states, extending from in Minnesota and South Dakota. management alone may only affect Illinois to North Dakota, and portions of Approximately half (45 of 91) of the portions of Dakota skipper or Poweshiek 2 Canadian provinces. However, its locations where the species is skipperling habitat; however, improper range is now substantially reduced such considered to be present are located on grazing combined with invasive plants, that the Dakota skipper is restricted to privately owned fall hayed prairies in herbicide use, and drought may small patches of fragmented native Canada, mostly within 3 isolated collectively result in substantial habitat prairie remnants in portions of three complexes, and have not been surveyed loss, degradation, or fragmentation states and two Canadian provinces. since 2007. All 45 of those Canadian across large portions of the species’ Recent survey data indicate that the sites have one or more stressors of ranges. In turn, climate change may Dakota skipper has declined to zero or moderate to high level of impact to

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63617

populations. A fair number of succession, and reduction in the continued inadequacy of existing populations in Canada are being diversity of native prairie plant protective regulations. A few scattered managed in a manner conducive to the communities have moderate- to high- populations of Dakota skipper are doing conservation of the Dakota skipper and level impacts to populations throughout relatively well, however, and are in the threats at those sites are not the range of the Dakota skipper. An habitats that have low or non-immediate immediate. However, few (4–5 sites) of array of other factors including threats. Canada has a fair number of these Canadian populations are nonagricultural development, chemical populations that are being managed in protected (on Federal land). The contaminants, pesticides, and intensive a manner conducive to the conservation remaining sites where the species is grazing are also current and ongoing of Dakota skipper, and the threats at considered to be present are about threats to the Dakota skipper and its those sites are not imminent. However, equally distributed among Minnesota habitat (see Factors A and E). Current few of these populations are protected, (14 sites), North Dakota (18 sites), and and ongoing prairie management many are vulnerable to changes in land South Dakota (14 sites). Sites with practices, such as indiscriminate use of use, and the sites have not been stressors with moderate to high level of herbicides or intensive grazing that surveyed in the last 5 years. While a few impacts to populations occur in all three reduces or eliminates food sources, new locations of Dakota skipper states. contribute to the species’ imperilment at populations continue to be discovered Many factors likely contributed to the sites throughout the range of the species in North and South Dakota, the numbers Dakota skipper’s decline, and numerous (see Factors A and E). Unknown of individuals observed at those sites is major threats, acting individually or stressors may be the current threat that generally low, and extirpation at synergistically, continue today (see has the most significant impacts to the previously known sites seems to be Summary of Factors Affecting the Dakota skipper in Iowa and Minnesota, occurring at a faster rate than new Species). Habitat loss and degradation where populations experienced a discoveries. The decreasing numbers of have impacted the Dakota skipper, sudden decline to undetectable numbers sites with positive detections and the curtailing the ranges of the species (see in the most recent years (see Factor E). decreasing numbers of individuals Factor A). Extensive historical Based on recent data, similar conditions observed at each site throughout its conversion of prairie and associated in other parts of the Dakota skipper’s range, including known sites in North habitats, nearly complete in some areas, range, and the similarities in life Dakota and South Dakota, is likely to has isolated many Dakota skipper histories between Poweshiek continue. Therefore, on the basis of the populations. These small and isolated skipperling and Dakota skipper, similar best available scientific and commercial populations are subject to loss of genetic declining trends are anticipated in other information, we propose listing the diversity through genetic drift (see parts of the Dakota skipper’s range due Dakota skipper as threatened in Factor E) and are susceptible to a variety to unknown stressors, and may only be accordance with sections 3(6) and of stochastic (e.g., wildfires, droughts, a few years behind those declines 4(a)(1) of the Act. and floods) and deterministic (e.g., experienced by Poweshiek skipperling We find that an endangered species overgrazing, invasive species) factors (see Factor E). Existing regulatory status is not appropriate for the Dakota (see Factor A) that may kill all or a mechanisms vary across the species’ skipper because some Dakota skipper substantial proportion of a population. ranges, and although mechanisms do populations still appear to be doing Although much of the habitat exist that protect the species from direct relatively well—primarily in North Dakota, South Dakota, Manitoba, and conversion occurred in the past, the take in Iowa and Minnesota, these effects of the dramatic reduction and Saskatchewan. Canada has a fair mechanisms do not sufficiently mitigate fragmentation of habitat have persistent number of populations that are being threats to the species (see Factor D). and ongoing effects on the viability of managed in a manner conducive to the Climate change may affect Dakota populations; furthermore, conversion of conservation of Dakota skipper, and the skipper, especially increased frequency native prairies to agriculture or other threats at those sites are not imminent. of extreme climatic conditions such as uses is still occurring today. The life Furthermore, we believe the species to flooding and drought, but there is history of the species exacerbates the be present in at least 8 sites that do not limited information on the exact nature threats caused by the fragmentation and have documented stressors of a of impacts that these species may degradation of the species’ habitat (see moderate to high level impact to experience. Recent temperature and Factors A and E) as the Dakota skipper populations, primarily in scattered precipitation trends indicate that certain is not likely to recolonize distant sites counties in Minnesota and South aspects of climate change may be due to its short adult life span, single Dakota. Additionally, a few new Dakota occurring in Dakota skipper range now annual flight, and limited dispersal skipper sites continue to be discovered (see Factor E). ability. Therefore, the species’ in suitable prairie habitat in North extirpation from a site is likely The Act defines an endangered Dakota and South Dakota. permanent unless it is near another site species as any species that is ‘‘in danger Under the Act and our implementing from which it can emigrate. of extinction throughout all or a regulations, a species may warrant Furthermore, because the larvae are significant portion of its range’’ and a listing if it is endangered or threatened located at or near the soil surface, they threatened species as any species ‘‘that throughout all or a significant portion of are more vulnerable to fire (Factor A), is likely to become endangered its range. Threats to the survival of the herbicides, pesticides, and other throughout all or a significant portion of Dakota skipper occur throughout the chemicals (see Factor E); desiccation its range within the foreseeable future.’’ species range and are not restricted to due to changing climate (see Factor E); We find that the Dakota skipper is likely any particular significant portion of that or flooding (see Factor A). to become endangered throughout all of range. Accordingly, our assessment and Within the remaining native prairie its range within the foreseeable future, proposed determination applies to the patches, degradation of habitat quality is based on the immediacy, severity, and Dakota skipper throughout its range. now the primary threat to the Dakota scope of the threats described above. skipper (see Factor A). Of the various These threats are exacerbated by small Significant Portion of the Range threats to Dakota skipper habitat, population sizes, the loss of redundancy In determining whether a species is conversion, invasive species, secondary and resiliency of these species, and the threatened or endangered in a

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63618 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

significant portion of its range, we first of habitat fragmentation and small skipperling has declined to zero or to identify any portions of the range of the population size and isolation, climate undetectable levels in approximately 87 species that warrant further change, pharmaceuticals, insecticides, percent of sites where it has ever been consideration. The range of a species pesticides, prairie plant harvest, and recorded. can theoretically be divided into unknown stressors (Factor E). As A drastic decline in this species has portions an infinite number of ways. discussed above, although the specific been observed rangewide very recently. However, there is no purpose to threats affecting the species may be Between 1985 and 2003, researchers analyzing portions of the range that are different at individual sites or in surveyed 10 or more sites in 7 different not reasonably likely to be both (1) different parts of the Dakota skipper’s years (excluding new sites in the first Significant and (2) threatened or range, on the whole threats are year); the average positive detection rate endangered. To identify only those occurring throughout the species’ range. for those years is 71 percent rangewide. portions that warrant further The Dakota skipper is thought to still be Since 2003, the percent of surveyed consideration, we determine whether present at approximately 91 sites, at sites with positive detections of the substantial information indicates that: least 83 of which are subject to one or species has dropped to an average of 29 (1) The portions may be significant, and more threats that have a moderate to percent each year (2004–2012), with a (2) the species may be in danger of high impact on those populations. On low of 13 percent at sites surveyed in extinction there or likely to become so no portions of its range are threats 2012. Despite recent substantial survey within the foreseeable future. In significantly concentrated or efforts in those states, the Poweshiek practice, a key part of this analysis is substantially greater than in other skipperling has not been recorded in whether the threats are geographically portions of its range; therefore, we find Iowa since 2007, when it was observed concentrated in some way. If the threats that impacts to the Dakota skipper are at 1 site; in Minnesota since 2007, when to the species are essentially uniform essentially uniform throughout its it was observed at 1 site; in North throughout its range, no portion is likely range, indicating that the entire range Dakota since 2001, when it was to warrant further consideration. warrants a threatened status under the observed at 1 site, nor in South Dakota Moreover, if any concentration of Act. As discussed above, our review of since 2008, when it was observed at 3 threats applies only to portions of the the best available scientific and sites. The species was not observed in species’ range that are not significant, commercial information indicates that North Dakota, South Dakota, or such portions will not warrant further the Dakota skipper is not in danger of Minnesota during 2012 surveys, for consideration. extinction (endangered) but is likely to example. Iowa sites were not surveyed If we identify portions that warrant become endangered within the in 2012. Poweshiek skipperling have further consideration, we then foreseeable future (threatened) historically been documented at determine whether the species is throughout all of its range. Therefore, approximately 296 sites; now we threatened or endangered in these we find that listing the Dakota skipper consider the species to be present at portions of its range. Depending on the as a threatened species under the Act only 14 of those sites—one of these is biology of the species, its range, and the throughout its entire range is warranted considered a sub-site of a larger site. threats it faces, the Service may address at this time. The only confirmed extant (present) either the significance question or the populations of Poweshiek skipperling status question first. Thus, if the Service Poweshiek skipperling are currently restricted to 2 small and considers significance first and We carefully assessed the best isolated native-prairie remnants in determines that a portion of the range is scientific and commercial information Wisconsin, 10 small and isolated prairie not significant, the Service need not available regarding the past, present, fen remnants in Michigan, and a prairie determine whether the species is and future threats to the Poweshiek complex in Manitoba. These sites threatened or endangered there. skipperling. Poweshiek skipperling are represent only 5 percent of the total Likewise, if the Service considers status obligate residents of undisturbed number of sites ever documented for the first and determines that the species is (remnant, untilled) high-quality prairie, species. The numbers observed at these not threatened or endangered in a ranging from wet-mesic tallgrass prairie sites are relatively small (less than 100 portion of its range, the Service need not to dry-mesic mixed-grass prairie. Native at all but 2 sites), and all of these sites determine if that portion is significant. tallgrass prairies have been reduced by have at least one documented threat that However, if the Service determines that 85 to 99.9 percent of their former area have moderate to high impacts on those both a portion of the range of a species and native mixed-grass prairies have populations. The strongest population is significant and the species is been reduced by 72 to 99 percent of in the United States, a prairie fen in threatened or endangered there, the their former area in North Dakota, Michigan with relatively high and fairly Service will specify that portion of the Manitoba, and Saskatchewan. The consistent numbers observed each year range as threatened or endangered Poweshiek skipperling was once a (numbers observed per minute ranged under section 4(c)(1) of the ESA. common prairie butterfly widely from 1.2 to 2.2 during the last 4 survey We evaluated the current range of the dispersed in eight states, extended from years), for instance, is under threat from Dakota skipper to determine if potential Michigan to North Dakota, and portions intense development pressure. The threats for the species have any of Manitoba, Canada. However, its range Tallgrass Prairie Preserve site in apparent geographic concentration. We is now substantially reduced such that Manitoba also has relatively high examined potential habitat threats from the Poweshiek skipperling is restricted numbers observed each year; however, effects of habitat loss, fragmentation, to small patches of fragmented native this site is impacted by several degradation, and modification from prairie remnants in portions of two immediate, moderate- to high-level agriculture, development, invasive states and one Canadian province. The threats, including the encroachment of species, secondary succession, grazing, species is presumed extirpated from invasive plants and woody vegetation, and haying (Factor A); overutilization Illinois and Indiana, and the status of flooding, and isolation from the nearest for scientific or recreational collection the species is unknown in four of the six site by hundreds of kilometers. In (Factor B); disease and predation (Factor states with relatively recent records addition, recent unplanned fires in 2009 C); the inadequacy of existing regulatory (within the last 20 years). Recent survey and 2011 affected large portions of the mechanisms (Factor D); and the effects data indicate that the Poweshiek site. Poweshiek skipperling is

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63619

considered to have unknown occupancy skipperling habitat, conversion, invasive and immediate moderate- to high-level at 131 sites—throughout the range of the species, secondary succession, and threats that have moderate- to high-level species (Iowa, Michigan, Minnesota, reduction in the diversity of native- effects on those populations that is North Dakota, and South Dakota), 54 of prairie plant communities have ongoing and immediate. Therefore, on these sites were included in the threats moderate- to high-level impacts to the basis of the best available scientific assessment. Of the 54 sites where the populations throughout the range of the and commercial information, we occupancy is unknown that had Poweshiek skipperling. An array of propose listing the Poweshiek sufficient information to assess, at least other factors including nonagricultural skipperling as endangered in 43 sites are subject to one or more development, chemical contaminants, accordance with sections 3(6) and threats that have a moderate to high pesticides, and intensive grazing are 4(a)(1) of the Act. impact on those populations. These also current and ongoing threats to the We find that a threatened species sites are throughout the range of the Poweshiek skipperling and its habitat status is not appropriate for the species in Iowa, Michigan, Minnesota, (see Factors A and E). Current and Poweshiek skipperling because the North Dakota, and South Dakota. ongoing prairie management practices, unknown stressors have significant impacts to the species throughout most Summary such as indiscriminate use of herbicides or intensive grazing that reduces or of its range and have occurred in a short Many factors likely contributed to the eliminates food sources, contribute to timeframe. Sharp population declines Poweshiek skipperling’s decline, and the species’ imperilment, particularly in have not been detected at the few numerous major threats, acting North Dakota, South Dakota, and remaining sites where the species is still individually or synergistically, continue Minnesota (see Factors A and E). present, but all of these sites are today (see Summary of Factors Affecting Unknown stressors may be the current currently experiencing one or more the Species). Habitat loss and threat that has the most significant stressors that has moderate- to high- degradation have impacted the impacts to the Poweshiek skipperling level impacts to populations. Based on Poweshiek skipperling, curtailing the species in Iowa, Minnesota, North recent data and similar conditions in ranges of both species (see Factor A). Dakota, and South Dakota, where other parts of Poweshiek skipperling Extensive historical conversion of populations experienced a sudden range, similar declining trends are prairie and associated habitats, nearly decline to undetectable numbers in the anticipated in other parts of the range of complete in some areas, has isolated most recent years (see Factor E). the species, and may only be a few years many Poweshiek skipperling Existing regulatory mechanisms vary behind those declines experienced by populations. These small and isolated across the species’ ranges, and although the species in Iowa, Minnesota, North populations are subject to loss of genetic mechanisms do exist in Iowa, Michigan, Dakota, and South Dakota (see Factor E). diversity through genetic drift (see Minnesota, and Wisconsin that protect The impacts of the unknown stressors Factor E) and are susceptible to a variety the species from direct take, these on populations are exacerbated by of stochastic (e.g., wildfires, droughts, mechanisms do not sufficiently mitigate habitat curtailment and destruction and and floods) and deterministic (e.g., threats to the Poweshiek skipperling other factors such as the effects of small overgrazing, invasive species) factors (see Factor D). Climate change may and isolated populations due to habitat (see Factor A) that may kill all or a affect the Poweshiek skipperling, fragmentation. substantial proportion of a population. Under the Act and our implementing especially increased frequency of Although much of the habitat regulations, a species may warrant extreme climatic conditions such as conversion occurred in the past, the listing if it is endangered or threatened flooding and drought, but there is effects of the dramatic reduction and throughout all or a significant portion of fragmentation of habitat have persistent limited information on the exact nature its range. The Poweshiek skipperling and ongoing effects on the viability of of impacts that the species may proposed for listing in this rule is highly populations; furthermore, conversion of experience. Recent temperature and restricted in its range, and the threats native prairies to agriculture or other precipitation trends indicate that certain occur throughout its range. Therefore, uses is still occurring today. The life aspects of climate change may be we assessed the status of the species history of the species exacerbates the occurring in Poweshiek skipperling throughout its entire range. The threats threats caused by the fragmentation and range now (see Factor E). to the survival of the Poweshiek degradation of its habitat (see Factors A The Act defines an endangered skipperling occur throughout the and E) as Poweshiek skipperlings are species as any species that is ‘‘in danger species’ range and are not restricted to not likely to recolonize distant sites due of extinction throughout all or a any particular significant portion of that to their short adult life span, single significant portion of its range’’ and a range. Accordingly, our assessment and annual flight, and limited dispersal threatened species as any species ‘‘that proposed determination applies to the ability. Therefore, the Poweshiek is likely to become endangered Poweshiek skipperling throughout its skipperling’s extirpation from a site is throughout all or a significant portion of entire range. likely permanent unless it is near its range within the foreseeable future.’’ another site from which it can emigrate. We find that the Poweshiek skipperling Available Conservation Measures Furthermore, because the larvae are is presently in danger of extinction Conservation measures provided to located at or near the soil surface, they throughout its entire range, based on the species listed as endangered or are more vulnerable to fire (Factor A), immediacy, severity, and scope of the threatened under the Act include herbicides, pesticides, and other threats described above. These threats recognition, recovery actions, chemicals (see Factor E); desiccation are exacerbated by small population requirements for Federal protection, and due to changing climate (see Factor E); sizes, the loss of redundancy and prohibitions against certain practices. or changes in hydrology (see Factor A). resiliency of these species, and the Recognition through listing results in Within the remaining native-prairie continued inadequacy of existing public awareness and conservation by patches, degradation of habitat quality is protective regulations. There are only 14 Federal, State, Tribal, and local now the primary threat to the locations where we believe the species agencies, private organizations, and Poweshiek skipperling (see Factor A). to be present, and all of those sites are individuals. The Act encourages Of the various threats to Poweshiek subject to at least one or more ongoing cooperation with the States and requires

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63620 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

that recovery actions be carried out for outreach and education. The recovery of conference or consultation or both as all listed species. The protection many listed species cannot be described in the preceding paragraph required by Federal agencies and the accomplished solely on Federal lands include, but are not limited to, prohibitions against certain activities because their range may occur primarily management and any other landscape- are discussed, in part, below. or solely on non-Federal lands. To altering activities on Federal lands such The primary purpose of the Act is the achieve recovery of these species as actions within the jurisdiction of the conservation of endangered and requires cooperative conservation efforts Natural Resources Conservation Service; threatened species and the ecosystems on private, State, and Tribal lands. land management by the U.S. Forest upon which they depend. The ultimate If these species are listed, funding for Service; issuance of section 404 Clean goal of such conservation efforts is the recovery actions will be available from Water Act permits by the U.S. Army recovery of these listed species, so that a variety of sources, including Federal Corps of Engineers; land management they no longer need the protective budgets, State programs, and cost-share by the U.S. Fish and Wildlife Service; measures of the Act. Subsection 4(f) of grants for non-Federal landowners, the construction and management of gas the Act requires the Service to develop academic community, and pipeline, wind facilities and associated and implement recovery plans for the nongovernmental organizations. In infrastructure, and power line rights-of- conservation of endangered and addition, pursuant to section 6 of the way by the Federal Energy Regulatory threatened species. The recovery Act, the States of Iowa, Michigan, Commission; construction and planning process involves the Minnesota, North Dakota, South Dakota, maintenance of roads or highways by identification of actions that are and Wisconsin would be eligible for the Federal Highway Administration; necessary to halt or reverse the species’ Federal funds to implement and land management within branches decline by addressing the threats to its management actions that promote the of the Department of Defense (DOD). survival and recovery. The goal of this protection and recovery of the Examples of these types of actions process is to restore listed species to a Poweshiek skipperling and Dakota include activities funded or authorized point where they are secure, self- skipper. Information on our grant under the Farm Bill Program, sustaining, and functioning components programs that are available to aid Environmental Quality Incentives of their ecosystems. species recovery can be found at: Program, Clean Water Act (33 U.S.C. Recovery planning includes the http://www.fws.gov/grants. 1251 et seq.), Partners for Fish and development of a recovery outline Although the Dakota skipper and Wildlife Program, and DOD shortly after a species is listed, Poweshiek skipperling are only construction activities related to preparation of a draft and final recovery proposed for listing under the Act at training or other military missions. plan, and revisions to the plan as this time, please let us know if you are The Act and its implementing significant new information becomes interested in participating in recovery regulations set forth a series of general available. The recovery outline guides efforts for these species. Additionally, prohibitions and exceptions that apply the immediate implementation of urgent we invite you to submit any new to all endangered wildlife. The recovery actions and describes the information on this species whenever it prohibitions of section 9(a)(2) of the Act, process to be used to develop a recovery becomes available and any information codified at 50 CFR 17.21 for endangered plan. The recovery plan identifies site- you may have for recovery planning wildlife, in part, make it illegal for any specific management actions that will purposes (see FOR FURTHER INFORMATION person subject to the jurisdiction of the achieve recovery of the species, CONTACT). United States to take (includes harass, measurable criteria that determine when Section 7(a) of the Act requires harm, pursue, hunt, shoot, wound, kill, a species may be downlisted or delisted, Federal agencies to evaluate their trap, capture, or collect; or to attempt and methods for monitoring recovery actions with respect to any species that any of these), import, export, ship in progress. Recovery plans also establish is proposed or listed as endangered or interstate commerce in the course of a framework for agencies to coordinate threatened and with respect to its commercial activity, or sell or offer for their recovery efforts and provide critical habitat, if any is designated. sale in interstate or foreign commerce estimates of the cost of implementing Regulations implementing this any listed species. Under the Lacey Act recovery tasks. Recovery teams interagency cooperation provision of the (18 U.S.C. 42–43; 16 U.S.C. 3371–3378), (comprising species experts, Federal Act are codified at 50 CFR part 402. it is also illegal to possess, sell, deliver, and State agencies, nongovernmental Section 7(a)(4) of the Act requires carry, transport, or ship any such organizations, and stakeholders) are Federal agencies to confer with the wildlife that has been taken illegally. often established to develop recovery Service on any action that is likely to Certain exceptions apply to agents of the plans. When completed, the recovery jeopardize the continued existence of a Service and State conservation agencies. outlines, draft recovery plans, and the species proposed for listing or result in We may issue permits to carry out final recovery plans will be available on destruction or adverse modification of otherwise prohibited activities our Web site (http://www.fws.gov/ proposed critical habitat. If a species is involving endangered and threatened endangered), or from our Twin Cities listed subsequently, section 7(a)(2) of wildlife species under certain Ecological Services Fish and Wildlife the Act requires Federal agencies to circumstances. Regulations governing Office (see FOR FURTHER INFORMATION ensure that activities they authorize, permits are codified at 50 CFR 17.22 for CONTACT). fund, or carry out are not likely to endangered species, and at 17.32 for Implementation of recovery actions jeopardize the continued existence of threatened species. With regard to generally requires the participation of a the species or destroy or adversely endangered wildlife, a permit must be broad range of partners, including other modify its critical habitat. If a Federal issued for the following purposes: for Federal agencies, States, Tribal, action may adversely affect a listed scientific purposes, to enhance the nongovernmental organizations, species or its critical habitat, the propagation or survival of the species, businesses, and private landowners. responsible Federal agency must enter and for incidental take in connection Examples of recovery actions include into formal consultation with the with otherwise lawful activities. habitat restoration (e.g., restoration of Service. Our policy, as published in the native vegetation), research, captive Federal agency actions within the Federal Register on July 1, 1994 (59 FR propagation and reintroduction, and species habitat that may require 34272), is to identify to the maximum

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63621

extent practicable at the time a species regulations at 50 CFR 17.31, which provisions that are tailored to the is listed, those activities that would or implement section 9 of the Act, with specific conservation needs of the would not constitute a violation of special measures that are determined to threatened species and may be more or section 9 of the Act. The intent of this be necessary and advisable to provide less restrictive than the general policy is to increase public awareness of for the conservation of the species. As provisions at 50 CFR 17.31. the effect of a proposed listing on a means to promote conservation efforts In recognition of efforts that provide proposed and ongoing activities within on behalf of the Dakota skipper, we are for conservation and management of the the range of species proposed for listing. proposing a special rule for this species Dakota skipper and its habitat in a The following activities could under section 4(d) of the Act. In the case manner consistent with the purposes of potentially result in a violation of of a special rule, the general regulations the Act, we are proposing a 4(d) special section 9 of the Act; this list is not (50 CFR 17.31 and 17.71) applying most rule that outlines the prohibitions, and comprehensive: prohibitions under section 9 of the Act exceptions to those prohibitions, (1) Unauthorized collecting, handling, to threatened species do not apply to necessary and advisable for the possessing, selling, delivering, carrying, that species, and the special rule conservation of the Dakota skipper. or transporting of the species, including contains the prohibitions necessary and Economic and policy incentives are import or export across State lines and appropriate to conserve that species. likely to continue to place pressure on international boundaries, except for As discussed above, the primary landowners to convert native grassland properly documented antique factors supporting the proposed from ranching to agricultural cropland specimens of these taxa at least 100 determination of threatened species (Doherty et al. 2013, p. 14) and a wide years old, as defined by section 10(h)(1) status for the Dakota skipper are habitat variety of peer-reviewed publications of the Act; loss and degradation of native prairies, and government reports have (2) Introduction of nonnative species including conversion of native prairie documented recent loss of native that compete with or prey upon the for agriculture or other development; grassland (Congressional Research Dakota skipper and Poweshiek ecological succession and encroachment Service (CRS) 2007, p. 5; United States skipperling or their food sources, such of invasive species and woody Government Accountability Office as the introduction of nonnative leafy vegetation; certain fire, haying, and (USGAO) 2007, p. 15; Stephens et al. spurge, reed canary grass, or glossy grazing management that reduces the 2008, p. 6; Rashford et al. 2011, p. 282; buckthorn, to the State of Iowa, availability of certain native-prairie Sylvester et al. 2013, p. 13). Grassland Michigan, Minnesota, North Dakota, grasses and flowering herbaceous plants loss in the western corn belt may be South Dakota, and Wisconsin; to Dakota skipper; some fire occurring at the fastest rate observed (3) The unauthorized release of management; flooding; existing since the 1920s and 1930s and at a rate biological control agents that attack any regulatory mechanisms that are comparable to that of deforestation in life stage of these species, including the inadequate to mitigate threats to the Brazil, Malaysia, and Indonesia (Wright unauthorized use of herbicides, species; loss of genetic diversity; small and Wimberly 2013, p. 5). Between 2006 pesticides, or other chemicals in size and isolation of remnant patches of and 2011 destruction of native grassland habitats in which the Poweshiek native prairie; indiscriminate use of was mostly concentrated in North skipperling or Dakota skipper is known herbicides that reduces or eliminates Dakota and South Dakota, east of the to occur; nectar sources; climate conditions such Missouri River, an area corresponding (4) Unauthorized modification, as drought; and other unknown closely to the range of Dakota skipper removal, or destruction of the prairie stressors. (Wright and Wimberly 2013, p. 2). vegetation, soils, or hydrology in which The Act does not specify particular As with agricultural policies (Doherty the Dakota skipper and Poweshiek prohibitions, or exceptions to those et al. 2013, p. 15), the prohibitions skipperling are known to occur; and prohibitions, for threatened species. against take of Dakota skipper that (5) Unauthorized discharge of Instead, under section 4(d) of the Act, would become effective if the species is chemicals or fill material into any the Secretary of the Interior has the listed could interact with other factors wetlands in which the Poweshiek discretion to issue such regulations as to affect the rates at which native skipperling or Dakota skipper are she deems necessary and advisable to grassland is converted in the range of known to occur. provide for the conservation of such the species. Less than 20 percent of the Questions regarding whether specific species. The Secretary also has the grassland in the Prairie Pothole Region activities would constitute a violation of discretion to prohibit by regulation with of the United States is permanently section 9 of the Act should be directed respect to any threatened species, any protected (Doherty et al. 2013, p. 7), and to the Twin Cities Ecological Services act prohibited under section 9(a)(1) of the vast majority of remaining grassland Fish and Wildlife Office (see FOR the Act. Exercising this discretion, the is privately owned. The conservation of FURTHER INFORMATION CONTACT). Service has developed general ‘‘working landscapes’’ based on Requests for copies of the regulations prohibitions (50 CFR 17.31) and ranching and livestock operations is concerning listed animals and general exceptions to those prohibitions (50 frequently a priority of programs to inquiries regarding prohibitions and CFR 17.32) under the Act that apply to conserve native grassland ecosystems in permits may be addressed to the U.S. most threatened species. Alternately, for the northern Great Plains (e.g., Service Fish and Wildlife Service, Endangered other threatened species, the Service 2011, p. 5). We believe that allowing Species Permits, 5600 American Blvd., develops specific prohibitions and incidental take of Dakota skippers that West, Suite 990, Bloomington, MN exceptions that are tailored to the may result from grazing in certain (telephone 612–713–5350; facsimile specific conservation needs of the geographic areas will afford us more 612–713–5292). species. In such cases, some of the time to protect the species’ habitats in prohibitions and authorizations under these areas and would facilitate the Special Rule 50 CFR 17.31 and 17.32 may be coordination and partnerships needed Under section 4(d) of the Act, the appropriate for the species and to recover the species. Secretary may publish a special rule incorporated into a special rule under In light of the socioeconomic and that modifies the standard protections section 4(d) of the Act, but the section policy factors that are leading to the for threatened species in the Service’s 4(d) special rule will also include conversion of native prairie to

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63622 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

agricultural cropland and because there Secretary has an almost infinite number and other livestock working facilities is evidence that some grazing practices of options available to him with regard that are critical to ranch operations. are conducive to conservation of Dakota to the permitted activities for those These activities may be carried out with skipper in parts of its range, we species. [S]he may, for example, permit only minimal impacts to Dakota skipper determine that it is necessary and taking, but not importation of such if carefully sited with respect to the advisable to allow take of the species species,’’ or [s]he may choose to forbid location and distribution of important caused by certain ranching activities. both taking and importation but allow Dakota skipper habitat. Whereas conversion to cropland would the transportation of such species, as (3) Development and Maintenance of kill any Dakota skipper larvae present long as the measures will ‘‘serve to Livestock Watering Facilities: Without a and destroy any habitat value for the conserve, protect, or restore the species suitable water source in a pasture, species into the foreseeable future, some concerned in accordance with the livestock ranching is impossible. The habitats can remain suitable for Dakota purposes of the Act’’ (H.R. Rep. No. 412, proper distribution of livestock watering skipper when grazed (Dana 1991, p. 54; 93rd Cong., 1st Sess. 1973). sources is also a prerequisite to Schlicht 1997, p. 5; Skadsen 1997, pp. Section 9 prohibitions make it illegal implementing improved grazing 24–29). In addition, grazing is one of the for any person subject to the jurisdiction management via the use of multi-cell primary treatments for controlling of the United States to take (including rotational grazing systems that may be smooth brome and enhancing native harass, harm, pursue, shoot, wound, necessary to conserve Dakota skipper on plant diversity in prairies that have been kill, trap, capture, or collect; or attempt grazed sites. This activity includes both invaded by this nonnative grass species any of these), import or export, ship in the initial development of water sources (Service 2006, p. 2; Smart et al. in interstate commerce in the course of and their maintenance. Dugout ponds, prep.). However, some grazing practices commercial activity, or sell or offer for for example, typically require a cleanout are adverse for Dakota skipper; sale in interstate or foreign commerce after 15 to 20 years. therefore, we will work with private any wildlife species listed as an (4) Noxious Weed Control: State and landowners, public land managers, state endangered species, without written county laws require landowners to and Federal conservation agencies, and authorization. It also is illegal under control noxious weeds on their nongovernmental organizations to section 9(a)(1) of the Act to possess, sell, property, and the timing of control identify, refine, and implement grazing deliver, carry, transport, or ship any actions is usually dependent on practices that are conducive to the such wildlife that is taken illegally. phenology (growth stage) of the weed species’ conservation. Prohibited actions consistent with species. Control of noxious weeds may section 9 of the Act are outlined for also be important to protect Dakota Provisions of the Proposed Special Rule threatened species in 50 CFR 17.31(a) skipper habitat because native plant for Dakota Skipper and (b). This proposed 4(d) special rule diversity may decline when nonnative Section 4(d) of the Act states that ‘‘the proposes that all prohibitions in 50 CFR plant species invade tallgrass prairie Secretary shall issue such regulations as 17.31(a) and (b) will apply to the Dakota (Boettcher et al. 1993, p. 35). Broadcast [s]he deems necessary and advisable to skipper except in the specific instances application of herbicides, however, may provide for the conservation’’ of species as outlined below. The proposed 4(d) result in significant deterioration of listed as a threatened species. special rule will not remove or alter in habitat quality for Dakota skippers Conservation is defined in the Act to any way the consultation requirements (Smart et al. 2011, p. 184). Therefore, mean ‘‘to use and the use of all methods under section 7 of the Act. incidental take of Dakota skipper that and procedures which are necessary to may result from spot-spraying of bring any endangered species or Routine Livestock Operations and herbicides would be allowed. threatened species to the point at which Maintenance of Recreational Trails (5) Haying: Stock cows need to be the measures provided pursuant to [the First, the Service proposes that maintained through the non-growing Act] are no longer necessary.’’ incidental take that is caused by the season; thus, haying is a critical Additionally, section 4(d) states that the routine livestock ranching and component of ranch activity. Dakota Secretary ‘‘may by regulation prohibit recreational trail maintenance activities skippers occur on several native with respect to any threatened species described below and that are hayland sites—sites where the native- any act prohibited under section implemented on private, state, and prairie vegetation is mowed for hay. For 9(a)(1).’’ tribal lands will not be prohibited, as the purposes of this rule, native hayland The courts have recognized the extent long as those activities are otherwise does not include lands that had of the Secretary’s discretion under this legal and conducted in accordance with previously been plowed and were then standard to develop rules that are applicable State, Federal, tribal, and replanted to native or nonnative appropriate for the conservation of a local laws and regulations. For the vegetation. Native haylands are species. For example, the Secretary may purposes of this rule, routine livestock typically cut in August, after the find that it is necessary and advisable ranching and recreational trail needlegrass (Hesperostipa spp. or not to include a taking prohibition, or to maintenance activities include: Nassella viridula, or both) awns drop. include a limited taking prohibition. See (1) Fence Construction and Incidental take of Dakota skippers that Alsea Valley Alliance v. Lautenbacher, Maintenance: Fences are an essential occurs as a result of haying no earlier 2007 U.S. Dist. Lexis 60203 (D. Or. tool for livestock and ranch than July 16 (after July 15) is allowed. 2007); Washington Environmental management. In addition, the strategic Dakota skippers are unlikely to occur in Council v. National Marine Fisheries distribution of fencing is also necessary replanted grasslands (grasslands Service, and 2002 U.S. Dist. Lexis 5432 to implement multi-cell rotational replanted on formerly plowed or (W.D. Wash. 2002). In addition, as grazing systems, which may be cultivated lands) or in tame hayland affirmed in State of Louisiana v. Verity, necessary to improve grazing (grassland comprised primarily of 853 F.2d 322 (5th Cir. 1988), the rule management and conserve Dakota nonnative grass species, such as smooth need not address all the threats to the skipper habitat. brome (Bromus inermis inermis)). species. As noted by Congress when the (2) Livestock Gathering and Therefore, mowing before July 16 is Act was initially enacted, ‘‘once an Management: The installation and allowed on replanted and tame animal is on the threatened list, the maintenance of corrals, loading chutes, grasslands.

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63623

(6) Mowing Rights of Way and and implement grazing practices that Dakota. The habitat at the site is Recreational Trails: Section line rights effectively conserve Dakota skipper described as ‘‘marginal’’ for Dakota of way and some recreational trails need populations. By allowing grazing in the skipper and there ‘‘has never been a to be mowed several times during the geographic areas where the Dakota strong’’ presence of the species, based growing season to ensure that winter skipper primarily inhabits dry-mesic on surveys of the site conducted since snow will not catch and block vehicle prairie, we may slow the loss of native about 1991 (Royer 2013, pers. comm.). access and that they are suitable for prairie conversion for crop production Since Dakota skipper was recorded hiking and other intended recreational and also maintain partnerships that are there in 1998, only one survey has been activities, respectively. These areas critical for conserving the species. conducted—in 2012 (Royer and Royer typically comprise disturbed soil that In the counties where this rule would 1998, p. 9; Royer and Royer 2012, p. 3). has been contoured for a roadway and not allow take caused by livestock No Dakota skippers were found there are likely to contain only small grazing, Dakota skipper almost during two surveys in 2012, although proportions of Dakota skipper habitat at exclusively inhabits relatively flat and they were present at a hayed site across any affected site. Therefore, impacts to moist prairie habitats that are mowed the road (Royer and Royer 2012, p. 42). Dakota skipper populations are likely to for hay. These habitats, referred to as At three other sites in the counties be minimal, and any incidental take that calcareous or ‘‘alkaline prairies’’ by where this rule would not allow take is caused by mowing of section line McCabe (1979, p. 17; 1981, p. 179); ‘‘wet caused by grazing, grazing was likely rights of way and recreational trails is mesic’’ by Royer and Marrone (1992, p. the primary factor that led to the allowed. 21); and, ‘‘Type A’’ by Royer et al. species’ extirpation. At each of these (7) Livestock (e.g., cattle or bison) (2008, p. 14), are distinguished from sites grazing was described as ‘‘heavy’’ grazing, except on lands where Dakota other Dakota skipper habitats by or ‘‘substantial’’, the habitat was skipper occurs in the following states relatively flat topography and certain degraded, and important nectar sources and counties: Minnesota—Kittson; plant community and soil were lacking or depleted (Royer and North Dakota—Eddy, McHenry, characteristics (Lenz 1999, pp. 5–7; Royer 2012, pp. 9, 12, 27). Richland, Rolette, Sargent, and Royer et al. 2008, pp. 14–15). Dakota The lack of any examples of sites Stutsman. In those counties Dakota skippers appear to be generally absent where strong populations of Dakota skippers inhabit relatively flat and moist from this type of habitat in North Dakota skippers occur in concert with grazing habitats where they may be especially when it is grazed due to a shift away indicates to us that it would not be sensitive to effects of grazing (Royer et from a plant community that is suitable advisable at this time to allow take al. 2008, pp. 11, 16), including for the species (McCabe 1979, p. 17; caused by grazing in the counties listed trampling, soil compaction, and loss of 1981, p. 179). The shift in plant above—Kittson County, Minnesota, and important nectar sources; haying community composition and adverse Eddy, McHenry, Richland, Rolette, conducted after the Dakota skipper effects to Dakota skipper populations Sargent, and Stutsman Counties in flight period is the predominant may occur rapidly (McCabe 1981, p. North Dakota. In these counties, Dakota management on sites inhabited by the 179; Royer and Royer 1998, p. 23). The skipper primarily inhabits wet-mesic species in these counties. In all other conversion of similar habitats in prairie habitats that support plant states and counties, incidental take of Manitoba from haying to grazing may be communities that are distinct from those Dakota skippers that may result from a major threat to the Dakota skipper that occur on dry-mesic prairie grazing is allowed under this rule. there (Webster 2007, pp. i–ii, 6). In elsewhere in the species’ range. In the drier and hillier habitats that contrast, limited or ‘‘light rotational The Service is committed to working the species inhabits outside of the grazing’’ of habitats on steep dry-mesic with private landowners, public land counties listed above, grazing may slopes in Saskatchewan may not conflict managers, conservation agencies, benefit Dakota skipper depending on its with Dakota skipper conservation nongovernmental organizations, and the intensity. Moreover, in contrast to the (Webster 2007, p. ii). scientific community to determine permanent habitat destruction caused The reduced vulnerability of habitats whether any grazing of Dakota skipper by plowing, mining, and certain other on dry-mesic slopes to the effects of habitat in any of the counties may be activities, native plant diversity in grazing may be due, in part, to the conducted in a manner that is tallgrass prairie may recover from tendency for grazing pressure to be conducive to the species’ conservation. overgrazing if it has not been too severe lighter in sloped areas. The steepness of We are seeking public comments on this or prolonged. In eastern South Dakota, habitats occupied by Dakota skipper in topic. In the meantime, the continuation Dakota skipper populations were Saskatchewan, for example, limits their of hay production as the primary use of deemed secure at some sites managed use for grazing (Webster 2007, p. ii). these habitats—with mowing occurring with rotational grazing that was Steep slopes may also play a role in no earlier than July 16—is the most sufficiently light to maintain native reducing the adverse effects of grazing at compatible land use activity for the plant species diversity (Skadsen 1997, some sites in South Dakota—at one Dakota skipper and would contribute pp. 24–29) and grazing may also benefit grazed site inhabited by Dakota skipper, substantially to the conservation of the Dakota skippers by reducing the area for example, habitat on steep slopes was species. dominated by tall native grasses, such as ‘‘in good condition’’, whereas ‘‘lesser big bluestem and Indiangrass (Dana slopes’’ were ‘‘moderately grazed’’ and Peer Review 1991). Nevertheless, grazing can also some areas were ‘‘overgrazed’’ (Skadsen In accordance with our joint policy on have significant deleterious effects on 1999, p. 29). peer review published in the Federal Dakota skipper; for example, a strong The best available information Register on July 1, 1994 (59 FR 34270), population of the species at a grazed site indicates that in the counties where this we will seek the expert opinions of at in South Dakota was extirpated after a rule would not allow take caused by least three appropriate and independent change in ownership resulted in livestock grazing the species may be specialists regarding this proposed rule. significant overgrazing (Skadsen 2006, extant at 19 sites and only 1 of those is We have invited these peer reviewers to p. 5). Therefore, we intend to cooperate currently grazed. The single grazed site comment during this public comment with ranchers and our state and tribal is in McHenry County, North Dakota, period on our specific assumptions and conservation partners to identify, test, and is owned by the State of North conclusions in this proposed rule.

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 63624 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules

We will consider all comments and (3) Use clear language rather than Species Act), we readily acknowledge information received during this jargon; our responsibilities to work directly comment period on this proposed rule (4) Be divided into short sections and with tribes in developing programs for during our preparation of a final sentences; and healthy ecosystems, to acknowledge that determination. Accordingly, the final (5) Use lists and tables wherever tribal lands are not subject to the same decision may differ from this proposal. possible. controls as Federal public lands, to If you feel that we have not met these Public Hearings and Informational remain sensitive to Indian culture, and requirements, send us comments by one to make information available to tribes. Meetings of the methods listed above in Section 4(b)(5) of the Act provides for ADDRESSES. To better help us revise the References Cited one or more public hearings on this rule, your comments should be as A complete list of references cited in proposal, if requested. Requests must be specific as possible. For example, you this rulemaking is available on the received within 45 days after the date of should tell us the numbers of the Internet at http://www.regulations.gov publication of this proposed rule in the sections or paragraphs that are unclearly and upon request from the Field Federal Register. Such requests must be written, which sections or sentences are Supervisor, Twin Cities Field Office (see sent to the address shown in FOR too long, the sections where you feel FOR FURTHER INFORMATION CONTACT). FURTHER INFORMATION CONTACT. We will lists or tables would be useful, etc. schedule public hearings on this Authors proposal, if any are requested, and National Environmental Policy Act (42 announce the dates, times, and places of U.S.C. 4321 et seq.) The primary authors of this package those hearings, as well as how to obtain We have determined that are the staff members of the Twin Cities reasonable accommodations, in the environmental assessments and Field Office. Federal Register and local newspapers environmental impact statements, as List of Subjects in 50 CFR Part 17 at least 15 days before the hearing. defined under the authority of the We have scheduled informational National Environmental Policy Act Endangered and threatened species, meetings regarding the proposed rule in (NEPA; 42 U.S.C. 4321 et seq.), need not Exports, Imports, Reporting and the locations specified in ADDRESSES. be prepared in connection with listing recordkeeping requirements, and Any interested individuals or a species as an endangered or Transportation. potentially affected parties seeking threatened species under the Proposed Regulation Promulgation additional information on the public Endangered Species Act. We published informational meetings should contact a notice outlining our reasons for this Accordingly, we propose to amend the Twin Cities Ecological Services determination in the Federal Register part 17, subchapter B of chapter I, title Office (See FOR FURTHER INFORMATION on October 25, 1983 (48 FR 49244). 50 of the Code of Federal Regulations, CONTACT). The U.S. Fish and Wildlife as set forth below: Service is committed to providing Government-to-Government access to this event for all participants. Relationship With Tribes PART 17—[AMENDED] Please direct all requests for In accordance with the President’s interpreters, closed captioning, or other memorandum of April 29, 1994 ■ 1. The authority citation for part 17 accommodation to the Twin Cities (Government-to-Government Relations continues to read as follows: Ecological Services Office (See FOR with Native American Tribal Authority: 16 U.S.C. 1361–1407; 1531– FURTHER INFORMATION CONTACT). Governments; 59 FR 22951), Executive 1544; 4201–4245, unless otherwise noted. Required Determinations Order 13175 (Consultation and Coordination With Indian Tribal ■ 2. In § 17.11(h), add entries for Clarity of the Rule Governments), and the Department of ‘‘Skipper, Dakota’’ and ‘‘Skipperling, We are required by Executive Orders the Interior’s manual at 512 DM 2, we Poweshiek’’ to the List of Endangered 12866 and 12988 and by the readily acknowledge our responsibility and Threatened Wildlife in alphabetical Presidential Memorandum of June 1, to communicate meaningfully with order under ‘‘Insects’’ to read as set 1998, to write all rules in plain recognized Federal Tribes on a forth below: language. This means that each rule we government-to-government basis. In accordance with Secretarial Order 3206 § 17.11 Endangered and threatened publish must: wildlife. (1) Be logically organized; of June 5, 1997 (American Indian Tribal (2) Use the active voice to address Rights, Federal-Tribal Trust * * * * * readers directly; Responsibilities, and the Endangered (h) * * *

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

******* INSECTS

******* Skipper, Dakota ...... Hesperia dacotae ... U.S.A. (IL, IA, MN, NA ...... T ...... NA 17.47(b) ND, SD); Canada (Manitoba, Sas- katchewan).

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules 63625

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

******* Skipperling, Oarisma poweshiek U.S.A. (IL, IA, IN, NA ...... E ...... NA NA Poweshiek. MI, MN, WI, ND, SD); Canada (Manitoba).

*******

■ 3. Amend § 17.47 by adding paragraph (F) Grazing of cattle, bison, or horses, section, below) must be received by (b) to read as follows: except in Kittson County, Minnesota, 11:59 p.m. Eastern Time on the closing and Eddy, McHenry, Richland, Rolette, date. We must receive requests for § 17.47 Special rules—insects. Sargent, and Stutsman Counties, North public hearings, in writing, at the * * * * * Dakota, where the Dakota skipper address shown in ADDRESSES by (b) Dakota skipper (Hesperia dacotae). inhabits areas that may be especially December 9, 2013. (1) Which populations of the Dakota sensitive to the effects of grazing by Public Informational Meetings: To skipper are covered by this special rule? these types of livestock. better inform the public of the This rule covers the distribution of * * * * * implications of the proposed listing and Dakota skipper in the United States. to answer any questions regarding this (2) Prohibitions. Except as noted in Dated: September 23, 2013. proposed rule, we plan to hold five paragraph (b)(3) of this section, all Rowan W. Gould, public informational meetings. We have prohibitions and provisions of §§ 17.31 Acting Director, U.S. Fish and Wildlife scheduled informational meetings and 17.32 apply to the Dakota skipper. Service. regarding the proposed rule in the (3) Exemptions from prohibitions. [FR Doc. 2013–24175 Filed 10–23–13; 8:45 am] following locations: Incidental take of Dakota skipper will BILLING CODE 4310–55–P (1) Minot, North Dakota, on November not be a violation of section 9 of the Act 5, 2013, at the Souris Valley Suites, 800 if it occurs as a result of: 37th Avenue SW; (i) Recreational trail maintenance DEPARTMENT OF THE INTERIOR (2) Milbank, South Dakota, on activities; November 6, 2013, at the Milbank Fish and Wildlife Service (ii) Mowing of section line rights of Chamber of Commerce, 1001 East 4th way; and Avenue; 50 CFR Part 17 (iii) Routine livestock ranching (3) Milford, Iowa, on November 7, 2013, at the Iowa Lakeside Laboratory, activities that are conducted in [FWS–R3–ES–2013–0017; 4500030113] accordance with applicable State, 1838 Highway 86; RIN 1018–AZ58 (4) Holly, Michigan, on November 13, Federal, tribal, and local laws and 2013, at the Rose Pioneer Elementary regulations. For the purposes of this Endangered and Threatened Wildlife School, 7110 Milford Road; and rule, routine livestock ranching and Plants; Designation of Critical (5) Berlin, Wisconsin, on November activities include: Habitat for Dakota Skipper and 14, 2013, at the Berlin Public Library, (A) Fence construction and Poweshiek Skipperling 121 West Park Avenue. maintenance. Except for the meeting in Berlin, (B) Activities pertaining to livestock AGENCY: Fish and Wildlife Service, Wisconsin, each informational meeting gathering and management, such as the Interior. will be from 5:30 p.m. to 8:00 p.m.; the installation and maintenance of corrals, ACTION: Proposed rule. meeting in Berlin, Wisconsin will be loading chutes, and other livestock from 4:30 p.m. to 7:00 p.m. SUMMARY: We, the U.S. Fish and working facilities. ADDRESSES: You may submit comments Wildlife Service, propose to designate (C) Development and maintenance of by one of the following methods: livestock watering facilities. critical habitat for the Dakota skipper (1) Electronically: Go to the Federal (D) Spot-spraying of herbicides for and Poweshiek skipperling under the eRulemaking Portal: http:// noxious weed control (Broadcast Endangered Species Act of 1973, as www.regulations.gov. In the Search box, application of herbicides is not amended. The Endangered Species Act enter FWS–R3–ES–2013–0017, which is allowed.). requires that critical habitat be the docket number for this rulemaking. (E) Haying, as set forth in this designated to the maximum extent You may submit a comment by clicking paragraph (b)(3)(i)(E): prudent and determinable for species on ‘‘Comment Now!’’ If your comments (1) In native haylands, which are determined to be endangered or will fit in the provided comment box, typically cut in August after the threatened species. The effect of this please use this feature of http:// needlegrass (Hesperostipa spp. or regulation is to designate critical habitat www.regulations.gov, as it is most Nassella viridula) awns drop, haying for the Dakota skipper and Poweshiek compatible with our comment review after July 15 is allowed. skipperling under the Endangered procedures. If you attach your (2) In replanted grasslands (grasslands Species Act. comments as a separate document, our replanted on formerly plowed or DATES: Written Comments: We will preferred file format is Microsoft Word. cultivated lands) or in tame haylands accept comments received or If you attach multiple comments (such (grasslands comprising primarily postmarked on or before December 23, as form letters), our preferred format is nonnative grass species, such as smooth 2013. Comments submitted a spreadsheet in Microsoft Excel. brome (Bromus inermis inermis)), electronically using the Federal (2) By hard copy: Submit by U.S. mail mowing may occur at any time. eRulemaking Portal (see ADDRESSES or hand-delivery to: Public Comments

VerDate Mar<15>2010 18:08 Oct 23, 2013 Jkt 232001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 E:\FR\FM\24OCP2.SGM 24OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2