[Federal Register Volume 59, Number 144 (Thursday, July 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18439]
[Federal Register: July 28, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Notice of 90-day
Finding on a Petition to List the Dakota Skipper as an Endangered or
Threatened Species.
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 90-
day finding for a petition to add the Dakota skipper (Hesperia dacotae)
to the List of Endangered and Threatened Wildlife and Plants. The
Service finds that the petition presents substantial information
indicating that listing the species as an endangered or threatened
species may be warranted. The Service solicits further information
regarding occurrence and distribution of the species and threats to its
continued existence and will prepare a 12-month finding.
DATES: The finding announced in this notice was made on July 1, 1994.
Comments and materials related to this petition finding may be
submitted to the Division of Endangered Species at the address below
and must be received by September 26, 1994 to be considered in the 12-
month finding.
ADDRESSES: Data, information, comments, or questions concerning the
status of the petitioned species described below should be submitted to
the Chief, Division of Endangered Species, U.S. Fish and Wildlife
Service, Bishop Henry Whipple Building, 1 Federal Drive, Fort Snelling,
Minnesota 55111. The complete file for this petition finding is
available for public inspection, by appointment, during normal business
hours, at the above address.
FOR FURTHER INFORMATION CONTACT: Robert Adair, Chief, Division of
Endangered Species, at the above address (612/725-3276).
SUPPLEMENTARY INFORMATION: Section 4(b)(3)(A) of the Endangered Species
Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.), requires that
the Service make a finding on whether a petition to list, delist, or
reclassify a species presents substantial scientific or commercial
information indicating that the petitioned action may be warranted. To
the maximum extent practicable, this finding is to be made within 90
days of the receipt of the petition, and the finding is to be published
promptly in the Federal Register. If the Service finds that a petition
presents substantial information indicating that the requested action
may be warranted and the species is not in a current notice of review
as a candidate for listing, the Service initiates a status review on
that species. Section 4(b)(3)(B) of the Act requires the Service to
make a finding as to whether or not the petitioned action is warranted
within 12 months of receipt of a petition that presents substantial
information.
Brendan McManus of the Biodiversity Legal Foundation submitted to
the Service a petition dated January 15, 1994, to list the Dakota
skipper (Hesperia dacotae) as an endangered or threatened species
pursuant to the Act. The petition was received January 21, 1994. The
petitioner submitted biological, distributional, and other information
in support of the petition.
Hesperia dacotae is a Category 2 candidate species (56 FR 58804).
In July 1978, the Service proposed listing the species as a threatened
species under the Act (USFWS 1978); however, the proposal was
withdrawn, due to the 1978 amendments to the Act. A category 2 taxon is
one for which information in possession of the Service indicates that
proposing to list as endangered or threatened is possibly appropriate,
but for which conclusive data on biological vulnerability and threat
are not currently available to support a proposed rule.
The Dakota skipper is a small- to medium-sized hesperine skipper
with a wingspan of 2.4 to 3.2 centimeters (cm) (0.9 to 1.3 inches (in))
and hooked antennae. The dorsal surface of the wings ranges from tawny-
orange to brown (female with tawny-orange to white spots), while the
ventral surface of the wings ranges from yellow-orange to gray-brown.
This species has a short, stout body, and a characteristic rapid,
skipping flight (Royer and Marrone 1992, U.S. Fish and Wildlife Service
(USFWS) 1993).
Populations of the Dakota skipper are known to occur in Minnesota,
North Dakota, South Dakota, and Manitoba, Canada. In addition, the
species was formerly found in Illinois and Iowa. The species is
currently known in 16 counties (30 population sites) in Minnesota, 16
counties (28 population sites) in North Dakota, and 11 counties (18
population sites) in South Dakota (Royer and Marrone 1992, U.S. Fish
and Wildlife Service (USFWS) 1993).
Further details regarding the biological status of the species are
contained in the administrative finding. Interested persons may obtain
a copy of the finding by contacting the office indicated in the
ADDRESSES section of this notice.
The petitioner contends that the Dakota skipper should be listed as
an endangered or threatened species because of the following factors:
1. Present and threatened destruction, modification, and
curtailment of habitat due to loss of suitable grassland habitat;
2. Inadequacy of existing regulatory mechanisms, since there is no
protection for the species or its habitat nationally or within most of
the States within the species' range; and
3. Other natural or manmade factors affecting the species'
continued existence, including the production of only one egg per adult
female per year and the species' inability to adapt to a changing
habitat.
In 1993 (USFWS 1993), the Service concluded that the Dakota skipper
may be threatened by the following factors:
1. Conversion of native tall-grass prairie to other land uses.
2. Management practices, including complete burns, pesticide use,
grazing, detrimental haying, and wetland enhancement.
3. Habitat alteration and degradation by naturalized alien species.
4. The small number of isolated populations and individuals, which
may result in a limited gene pool depressing reproductive vigor and
cause the species to be vulnerable to any human-caused or natural
environmental disturbance (USFWS 1993).
Overgrazing, inappropriately timed fires and haying, alteration and
conversion of prairie habitat to crop production, and invasion of
native prairie by naturalized, alien plants are probably the greatest
threats to the survival of H. dacotae, which requires undisturbed,
virgin prairie habitat to survive.
The Service has reviewed the petition, its supporting documents and
data, as well as other available information, published and unpublished
studies and reports, and agency files. All documents are on file in the
office indicated in the ADDRESSES section of this notice.
After reviewing the best scientific and commercial information
available, the Service finds that the petitioner has presented
substantial information which indicates that listing of the Dakota
skipper as an endangered or threatened species may be warranted.
However, the Service is in need of additional information to completely
identify the status of the species in all areas of its historic range
and to further identify activities that may be contributing to its
decline.
With this notice, the Service announces a positive 90-day finding
on the petition that the following actions may be warranted for the
Dakota skipper: Elevation to Category 1 status and subsequent listing
as an endangered or threatened species. The Service solicits further
information regarding occurrence and distribution of the species,
threats to its continued existence, and any additional comments and
suggestions from the public, other concerned government agencies, the
scientific community, industry, and any other parties. The following
issues are of particular interest to the Service:
1. Additional historic and current population data which may assist
in determining long term population trends;
2. Management methods used on substantial tracts of native prairie
that include actions such as burning, haying, insect and plant control,
plowing, and grazing, but which do not adversely affect the Dakota
skipper and its habitat; and
3. Data pertaining to existing available prairie habitat which may
be suitable Dakota skipper habitat and present and/or possible future
disturbance to those areas.
After consideration of additional information submitted during the
indicated time period (See DATES section), the Service will prepare a
12-month finding.
The petitioner also requested that critical habitat be designated.
If the 12-month finding determines that the petitioned action to list
the Dakota skipper as an endangered or threatened species is warranted,
then the designation of critical habitat would be addressed in the
subsequent proposed rule.
References Cited
Royer, R.A., and G.M. Marrone. 1992. Conservation status of the
Dakota skipper (Hesperia dacotae) in North and South Dakota. Report
prepared for U.S. Fish and Wildlife Service, Denver, Colorado. 44pp.
U.S. Fish and Wildlife Service. 1993. Candidate status for two
species of butterflies. Unpublished report submitted to U.S. Fish
and Wildlife Service, Region 3.
U.S. Fish and Wildlife Service. 1978. Proposed endangered or
threatened status or critical habitat for 10 butterflies or moths.
Federal Register 43(128):28938-28945.
Author: The primary author of this notice is Carlita Shumate
(see ADDRESSES section), 612/725-3276.
Authority: The authority for this action is the Endangered
Species Act of 1973, as amended; 16 U.S.C. 1531-1544; unless
otherwise noted.
Dated: July 1, 1994.
Bruce Blanchard,
Deputy Director, U.S. Fish and Wildlife Service.
[FR Doc. 94-18439 Filed 7-27-94; 8:45 am]
BILLING CODE 4310-55-P
