[Federal Register Volume 62, Number 84 (Thursday, May 1, 1997)]
[Notices]
[Pages 23785-23788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11286]
[[Page 23785]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of an Interagency Agreement for the Conservation of the
Coral Pink Sand Dunes Tiger Beetle
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of conservation agreement and document availability.
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SUMMARY: The Fish and Wildlife Service (Service) announces agreement
between the Utah Division of Parks and Recreation (Division); the U.S.
Bureau of Land Management (BLM); the Kane County, Utah Commission; and
the Service to the provisions of a conservation agreement and strategy
to provide for the conservation of the Coral Pink Sand Dunes tiger
beetle. The Service also announces the availability of the document
containing that conservation agreement/strategy: Conservation Agreement
and Strategy for the Coral Pink Sand Dunes Tiger Beetle (Cicindela
limbata albissima) (Conservation Agreement). This species is currently
a candidate for listing as endangered or threatened under the
provisions of the Endangered Species Act of 1973, as amended (Act). The
agreement focuses on identifying, reducing and eliminating significant
threats to the tiger beetle that warrant its candidate status, and
enhancing and maintaining the species population and habitat to ensure
its long term conservation.
DATES: Parties to the Coral Pink Sand Dunes Tiger Beetle Conservation
agreed to and signed the agreement on April 18, 1997.
ADDRESSES: Persons wishing to review the Conservation Agreement/
Strategy may obtain a copy by contacting the Assistant Field
Supervisor, U.S. Fish and Wildlife Service, Lincoln Plaza, Suite 404,
145 East 1300 South, Salt Lake City, Utah 84115. Comments and materials
received and information used in developing this agreement are
available on request for public inspection, by appointment, during
normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Mr. Robert D. Williams, Assistant
Field Supervisor (see ADDRESSES section) (telephone 801/524-5001).
SUPPLEMENTARY INFORMATION:
Background
The Coral Pink Sand Dunes (CPSD) tiger beetle (Cicindela limbata
albissima) is a terrestrial, predaceous insect in the family
Cicindelidae. The beetle occurs only at the Coral Pink Sand Dunes. The
Coral Pink Sand Dunes comprise a dune field about 8 miles long and a
little less than 1 mile wide. These dunes are located in Kane County
about 7 miles west of Kanab, Utah. The southern portion of the Coral
Pink Sand Dunes is within the State of Utah's Coral Pink Sand Dunes
State Park, managed by the Division. The northern portion of the Dunes
is on public land managed by the BLM, Kanab Resource Area. The BLM's
portion of the Coral Pink Sand Dunes is within the Moquith Mountain
Wilderness Study Area.
Previous Federal Action
The CPSD tiger beetle is currently a candidate species for listing
under the provisions of the Act in the Service's most recent Notice of
Review, February 28, 1996 (61 FR 7596). On April 19, 1994, the Southern
Utah Wilderness Alliance petitioned the Service to list CPSD tiger
beetle and designate critical habitat. On September 8, 1994, the
Director of the Service approved the 90-day petition finding as
providing substantive information that the species' listing may be
warranted (59 FR 47293). On November 25, 1996, the Service published a
Notice in the Federal Register (61 FR 59889) announcing the
availability of the draft conservation agreement for public comment.
Public hearings were, also, announced and held in: Kanab, Utah on
December 4, 1996; in St. George, Utah on December 5, 1996; and in Salt
Lake City, Utah on December 10, 1996. The Service published a notice
inviting public comment on the draft conservation agreement in the
following newspapers: Salt Lake Tribune/Deseret News, Southern Utah
News (Kanab, Utah), St. George Daily Spectrum, and Las Vegas Review
Journal/Las Vegas Sun. The announced comment period ended January 24,
1997.
Summary of Comments and Recommendations
During the comment period, the Service received both written and
oral comments from 111 parties, including testimony presented at the
public hearings. All comments received were from private individuals or
groups. Written and oral comments from both the public hearing and the
comment period are combined in the following discussion. Comments
questioning the conservation agreement are organized into specific
issues. These issues and joint response of the Service, BLM, and the
Division to each are summarized as follows:
Issue 1: the Service and the BLM lack authority to enter into and
implement conservation agreements under authority of the Act without
first listing the species pursuant to section 4 of the Act.
Response: Section 2(b) of the Act declares the intent of the Act is
to ``* * * provide as means whereby the ecosystems upon which
endangered and threatened species depend may be conserved * * *'' and
section 2(c)1 ``* * * all Federal departments and agencies shall seek
to conserve endangered species and threatened species * * *''. Section
3(17) of the Act directs the Secretary of the Interior (through the
Fish and Wildlife Service) to ``* * * establish a program to conserve
fish and wildlife and plants * * *'' Nothing in the Act precludes the
Service from proactive measures to provide early conservation to
endangered or threatened species. The Service has in several instances
developed conservation agreements with other parties responsible for
the management of the habitat of those species. The conservation
agreement approach enables land managing agencies such as the BLM and
the Division, to use their authorities to implement conservation
programs that have the potential to conserve and recover species that
are tending toward endangerment. The BLM has broad authority under
sections 201, 203, and 307 of the Federal Land Management Policy Act to
plan for and manage ecosystems on lands under its jurisdiction. The
conservation agreement and strategy has been clarified to more
accurately reflect this information.
Issue 2: The Utah Division of Parks and Recreation lacks authority
to enter into and implement conservation agreements under the authority
of the Utah Off-Highway Vehicle Act (OHV).
Response: The Division has the authority to enter into and
implement conservation agreements within both the Utah Off-Highway
Vehicle Act, Utah Code Annotated (UCA) 41-22-1 and UCA 63-11-19 that
authorize the Division to enter into contracts and agreements with the
government of the United States. Additional discussion of the
Division's authority has been added to the conservation agreement.
Issue 3: The draft agreement requires independent National
Environmental Policy Act (NEPA) compliance. The agreement is not
consistent with a similar BLM effort in Idaho.
Response: The Conservation Agreement and Strategy is being
developed for planning purposes. Before any on-the-ground actions can
occur on
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BLM administrated lands, a determination must be made whether or not
the Conservation Agreement and Strategy is consistent with BLM's
Vermillion Land Use Plan and whether or not additional NEPA analysis is
required. If the Conservation agreement is not consistent with the plan
then it must be incorporated into the plan through an amendment
process. NEPA compliance in the form of an environmental assessment
would accompany this amendment. As a result of conversations (pers.
comm. Ronald Bolander, Bureau of Land Management, Salt Lake City, Utah,
1997) with Idaho BLM personnel, Utah BLM has determined that this
process is consistent with a similar action involving another species
of tiger beetle that occurs in that State. The Conservation Agreement
has been clarified to more accurately reflect this information.
Comment 4: Is this decision subject to administrative appeal and in
what manner may affected parties pursue their appeal rights.
Response: Protest and appeal rights come at the point of decision
following application of NEPA. In this situation the right to protest
to the BLM Director would be initiated by a decision record for a land
use plan amendment. If it is determined that the Conservation Agreement
and Strategy is not consistent with the existing land use plan the
right to appeal a decision to the Interior Board of Land Appeals would
begin with the signing of a Decision Record for an on-the-ground action
following the preparation of an Environmental Assessment with or
without an accompanying plan amendment. The procedures for plan
amendments, preparation of NEPA documents and protests and appeals are
detailed in BLM's 1610 and 1792 Manuals and in 43 CFR Part 4.
Comment 5: Analysis of applicable BLM planning regulations prevents
implementation of the draft agreement * * * the BLM managed lands lie
within the Moquith Mountain Wilderness Study Area * * * The interim
Wilderness Study Area policy precludes implementation of the proposed
activity by BLM.
Repsonse: Wilderness Study Area designation does not preclude
preparation of planning documents such as conservation agreements and
strategies and land use plan amendments. Nor does it preclude any
subsequent on-the-ground actions so long as they are nonimpairing as
defined by the Interim Management guidelines. Preparation of the
Conservation Agreement for the CPSD tiger beetle, subsequent land use
planning evaluations and NEPA related actions fail within these
guidelines.
Comment 6: Since the presence of the species has been known for
years, why hasn't it been addressed through legally outline planning
processes rather than through a special extra legal inter-agency
agreement?
Response: The conservation of the CPSD tiger beetle has been
recognized as an issue during public scoping for BLM and Division
planning efforts for several years. Meetings from the late 1980's to
present have recognized the presence of the species and the need for
special conservation measures on the Coral Pink Sand Dunes. The
Conservation Agreement and Strategy will provide useful guidelines for
future management for both the State and Federal portions of the Coral
Pink Sand Dunes.
Comment 7: There is no basis for a 10-year duration of the proposed
conservation agreement.
Response: Ten years is a reasonable period of time to evaluate the
species biological response to the intended land management actions. It
is also an adequate time frame for agency land use actions to be
implemented. The parties to the Conservation Agreement will review the
success of the strategy annually to determine its adequacy and need.
Comment 8: Biological research data fails to show substantial
jeopardy to tiger beetle populations to justify the proposed
conservation actions.
Response: The scientific information on hand demonstrates that
several biotic and abiotic factors are actively and potentially
affecting the species including: recreational off-road vehicle use,
parasitism, periodic climatic conditions, and over-collecting of
specimens, resulting in a very small species population and restricted
range.
Comment 9: The no-play restriction in the travel corridor
comprising the eastern portion of ``Conservation Area A'' should be
removed.
Response: The eastern portion of ``Conservation Area A'' contains
occupied habitat of the CPSD tiger beetle. In reviewing the final
boundary, the Conservation Planning team determined that it is
essential for the conservation of the species that OHV use be kept to a
minimum in this area.
Comment 10: The Conservation Agreement ignores collection threats
to the CPSD tiger beetle.
Response: Collection threats are acknowledged in the studies that
contributed to the biological basis for the conservation agreement.
Control of collection is identified in ``Action 1'' of the
``Conservation Actions to be Implemented'' section of the agreement.
The final conservation agreement explicitly provides for control of
collection on both BLM and State Park portions of the Coral Pink Sand
Dunes.
Comment 11: Implementation of the draft conservation agreement may
tend to concentrate non-motorized visitors in the best occupied habitat
of the CPSD tiger beetle.
Response: Visitor education is expected to develop knowledge of and
sensitivity to critical areas within the conservation areas. Effective
education along with adequate signing and both recreational and
biological monitoring should avoid this potential problem. To date
biological date has not indicated an existing problem with human foot
traffic within the species habitat. However, monitoring will continue
and if impacts to the species population become apparent the parties to
the agreement will address them appropriately.
Comment 12: The parties to the agreement have inadequate resources
to provide on-the-ground enforcement of the conservation agreement.
Response: The Conservation Agreement identifies the resources
available to implement the agreement (see pages 6-8). The Division has
two full time park rangers with law enforcement authority assigned to
Coral Pink Sand Dunes State Park. These two rangers along with the
Bureau's law enforcement officer in the Kanab Area Office will provide
supervision of use within the species two conservation areas. The
Division, Bureau, and Service will provide additional resources such as
signing, visitor education, and strategic fencing to implement the
conservation agreement and strategy.
Comment 13: The seasonal and weather effects on the CPSD tiger
beetle vulnerability vary markedly from wet to dry periods. Therefore,
restrictions on OHV use should be relaxed during dry summer periods.
Response: Degradation of larval interdunal swale habitat remains a
significant concern regardless of current moisture conditions of the
sand dunes. It is difficult and confusing to the publics to vary
vehicle use restrictions during the recreational season. The approach
taken by the Conservation Team is to provide maximum conservation area
for the species while minimizing affects to off-road recreational use
areas.
Comment 14: Coral Pink Sand Dunes tiger beetle habitat should be
more narrowly defined to include only the occupied interdunal larval
beds. That, with seasonal use restrictions, would
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provide adequate protection for the species.
Response: Based on current research and principals of conservation
biology, the planning team has established buffers around the species
occupied larval habitat to protect aestivating adults. As more
biological information becomes available these ares will be reviewed by
the Conservation Team.
Comment 15: The CPSD tiger beetle population may lack genetic
variability and the species inadequate heterozygosity may cause
eventual extinction regardless of conservation measures.
Response: Many species, including tiger beetles, have persistent
populations with low genetic variability. Recently, Volger and others
(1993) showed that another endangered tiger beetle, Cicindela d.
dorsalis, with a large historic range from Virginia to Massachusetts,
has very low genetic variability both at present and historically.
Nevertheless, as a precaution to prevent extinction of the CPSD tiger,
it is essential that conservation efforts include maintaining, to the
maximum extent possible those portions of the species natural
environment.
Comment 16: The Conservation agreement improperly claims to
implement safety regulations.
Response: The Utah Division of Parks and Recreation is motivated to
conserve the Coral Pink Sand Dunes' biological resources as well as to
enhance public safety. The Division disagrees that documented accidents
must occur as justification for concern and management action in
association with the conservation agreement. Both motorized and non-
motorized user groups have articulated complaints regarding potential
threats to safety. The Division is reasonable and prudent in responding
proactively to minimize exposure to this risk. Improved safety for all
park users is an important side benefit of the Conservation Agreement.
Comment 17: The Conservation Agreement impacts less experienced
riders and children disproportionately due to the travel restrictions
identified in Conservation Area ``A''.
Response: Inexperienced riders and children will continue to have
opportunity to enjoy motorized recreation both on the BLM portion of
the dunes near established access points as well as near the main
access point near the State park campground. These areas provide easy
to ride low angle dunes suitable to the novice rider.
Comment 18: The Conservation Agreement depends on narrow
unpublished data insufficient to justify its proposed actions.
Response: The signatories to the Conservation Agreement have based
the proposed actions on the best scientific information available. The
Service finds the reports on the ongoing scientific research on the
CPSD tiger beetle well documented and consistent with accepted
biological research procedures and techniques. Population and habitat
monitoring and scientific research will continue using the best
techniques available. Additional biological and habitat information
will be incorporated into the management of the species conservation
areas.
Comment 19: The CPSD tiger beetle (Cicindela limbata albissima)
occurs else where in western North America including sand dunes in
Idaho.
Response: As described above in the background information, the
CPSD tiger beetle is found nowhere else other than the Coral Pink Sand
Dunes. The Idaho dunes tiger beetle (Cicindela arenicola) is a
different species.
Comment 20: The Conservation Agreement cannot compromise CPSD tiger
beetle conservation to accommodate OHV recreation.
Response: All parties to the agreement are convinced that the full
implementation of the Conservation Agreement will provide protection to
the CPSD tiger beetle equivalent to or greater than the species would
receive if it were listed under the provisions of the Act. In addition,
parties to the agreement have committed that if the conservation
measures are not adequate, the agreement will be modified to remedy any
shortcoming.
Comment 21: The Conservation Agreement does not provide a balanced
approach to recreational opportunities.
Response: The stated purpose of the Conservation Agreement is to
identify those areas crucial for the conservation of the CPSD tiger
beetle and those activities consistent with the species conservation
within those areas.
Comment 22: The Conservation Agreement allows OHV use to continue
without critical information concerning specific needs of CPSD tiger
beetle population and habitat. Information gaps include: demographic
and other population measurement needs in defining and maintaining a
minimum viable population; information supporting 2,000 adult
individuals per population as a recovery goal; information indicating
that a protected corridor of potential habitat between populations is
or is not necessary.
Response: The parties to the Conservation Agreement have based the
proposed conservation actions on the best scientific information
available. Techniques for determining minimum viable population
estimates for insects have not been developed. The immediate goal is to
maintain its population at the optimum numbers consistent with the
species occupied habitat. The species optimum population level may
change as a consequence of additional research. The species has two
known sub-populations. Each is protected in each of the two
conservation areas. it is not known if other sub-populations occur.
Currently no known high quality habitat occurs outside Conservation
Area A. The maintenance of both populations within their respective
conservation areas is critical as a hedge against a catastrophic event
in either population. The Conservation Agreement requires the involved
parties to adjust population numbers and habitat areas as new and
refined information concerning the species population and ecology is
acquired.
Comment 23: The draft conservation agreement does not promote the
overall Coral Pink Sand Dunes ecosystem health by focusing only on the
CPSD tiger beetle.
Response: Other Bureau and Division planning efforts are underway
which will address conservation issues related to the Coral Pink Sand
Dunes ecosystem as a whole. The CPSD tiger beetle conservation
agreement will be incorporated into these other ecosystem planning
efforts to benefit other species, thus effectively promoting ecosystem
health.
Comment 24: Protect the CPSD tiger beetle and the natural
environmental integrity of the Coral Pink Sand Dunes.
Response: The express purpose of the conservation agreement is the
protection of the CPSD tiger beetle and its habitat. The involved
parties are in agreement that with the implementation of the agreement,
conservation will occur as a consequence of the efforts of all parties
and the public at large.
Comment 25: Do not close the Coral Pink Sand Dunes to motorized
recreation.
Response: The majority of the Coral Pink Sand Dunes will remain
open to all recreational use including OHVs. Motorized travel will be
restricted or prohibited in an area of less than 20 percent of the
dunes.
Conservation Agreement
The Service has assessed existing and potential threats facing the
species based on the five criteria as required by Section 4(a)(1) of
the Act. Within each of these criteria, several factors which have
contributed to the degradation of
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CPSD tiger beetle habitat and its populations were identified (59 FR
47293). The Conservation Agreement provides conservation measures to
adequately address each of those factors. The Conservation Agreement
focuses on the following goals: (1) Permanently protect CPSD tiger
beetle habitat in two designated conservation areas within the
historical range of the species. (2) Establish a continuing management
program that educates and enforces CPSD tiger beetle conservation
measures within the Coral Pink Sand Dunes. (3) Monitor the CPSD tiger
beetle population to demonstrate those conservation measures taken for
the species are maintaining it at viable population levels. (4) Gain
additional biological and ecological information concerning the beetle
and its dune habitat. (5) Form a conservation advisory committee to
coordinate all conservation actions and to act as an information
gathering and dissemination center. (6) Provide for both motorized and
non-motorized recreation within the Coral Pink Sand Dunes consistent
with the conservation of the CPSD tiger beetle.
The Conservation Agreement will provide for the recovery of the
CPSD tiger beetle by establishing a framework for cooperation and
coordination among all involved parties. It will also establish a frame
work for conservation efforts, setting recovery priorities, and
establishing costs and responsibilities of the various tasks necessary
to accomplish the recovery priorities.
Author: The primary author of this notice is John L. England (see
ADDRESSES section) telephone 801/524-5001).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: April 21, 1997.
Terry T. Terrell,
Deputy Regional Director, Denver, Colorado.
[FR Doc. 97-11286 Filed 4-30-97; 8:45 am]
BILLING CODE 4310-55-M
