Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Proposed Rules 18341 

commercial information indicating that 

the petitioned action may be warranted. 

We are to base this finding on 

information provided in the petition, 

supporting information submitted with 

the petition, and information otherwise 

available in our files at the time we 

make the determination. To the 

maximum extent practicable, we are to 

make this finding within 90 days of our 

receipt of the petition and publish our 

notice of the finding promptly in the 

Federal Register. 

Our process for making this 90-day 

finding under section 4(b)(3)(A) of the 

Act is limited to a determination of 

whether the information in the petition 

presents ‘‘substantial scientific and 

commercial information,’’ which is 

interpreted in our regulations as ‘‘that 

amount of information that would lead 

a reasonable person to believe that the 

measure proposed in the petition may 

be warranted’’ (50 CFR 424.14(b)). We 

reviewed the petition, supporting 

information provided by the petitioner, 

and information in our files, and we 

evaluated that information to determine 

whether the sources cited support the 

claims made in the petition. The 

petition and supporting information 

identified numerous factors affecting the 

Tehachapi slender salamander 

including: road construction, residential 

and commercial development, mining, 

grazing, and flood control projects 

(Factor A); lack of regulatory 

mechanisms protecting the species and 

its habitat (Factor D); and climate 

change and environmental, genetic, and 

demographic stochastic events (Factor 

E). Of the factors listed above, we 

conclude that substantial information 

was provided that road construction, 

residential and commercial 

development, livestock grazing, and 

mining (Factor A) may threaten 

Tehachapi slender salamanders. We also 

found that the species may be 

threatened by the inadequacy of existing 

regulatory mechanisms (Factor D) and 

stochastic events (Factor E). 

On the basis of information provided 

in the petition and other information 

readily available to us, we have 

determined that the petition presents 

substantial scientific or commercial 

information that listing the Tehachapi 

slender salamander may be warranted. 

Therefore, we are initiating a status 

review to determine if listing the species 

is warranted. During the status review, 

we will consider threats to the 

Tehachapi slender salamander under all 

of the listing factors above. To ensure 

that the status review is comprehensive, 

we are soliciting scientific and 

commercial data and other information 

regarding this species. 

The petitioner also requested that 

critical habitat be designated for the 

Tehachapi slender salamander. We 

always consider the need for critical 

habitat designation when listing species. 

If we determine in our 12-month finding 

following the status review of the 

species that listing the Tehachapi 

slender salamander is warranted, we 

will address the designation of critical 

habitat at the time of the proposed 

rulemaking. 

Significant Portion of the Species’ 

Range 

The petitioner seeks to list the entire 

Tehachapi slender salamander species. 

During our status review we will 

evaluate whether the best available 

scientific and commercial information 

supports listing the species throughout 

its entire range, or whether there may be 

a significant portion of the range that 

may be threatened or endangered. As a 

result, we will defer our analysis and 

determination of issues of significant 

portion of range to our status review and 

the 12-month finding. 

A 90-day finding is not a status 

assessment of the species and does not 

constitute a status review under the Act. 

Our final determination as to whether a 

petitioned action is warranted is not 

made until we have completed a 

thorough status review of the species, 

which is conducted following a positive 

90-day finding. Because the Act’s 

standards for 90-day and 12-month 

findings are different, a positive 90-day 

finding does not mean that the 12- 

month finding also will be positive. 

References Cited 

A complete list of all references cited 

is available, upon request, from our 

Ventura Fish and Wildlife Office (see 

FOR FURTHER INFORMATION CONTACT

section above). 

Author 

The primary author of this notice is 

the staff of the Ventura Fish and 

Wildlife Office (see FOR FURTHER

INFORMATION CONTACT section above). 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: April 15, 2009. 

Rowan W. Gould, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. E9–9220 Filed 4–21–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R3–ES–2009–0017; 92210–1117– 

0000–FY09–B4] 

RIN 1018–AW47 

Endangered and Threatened Wildlife 

and Plants; Revised Critical Habitat for 

the Hine’s Emerald Dragonfly 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Revised proposed rule; 

reopening of public comment period, 

proposal to designate additional critical 

habitat unit. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the public comment period 

on our July 26, 2006, proposed rule on 

the designation of critical habitat for the 

Hine’s emerald dragonfly (Somatochlora 

hineana) under the Endangered Species 

Act of 1973, as amended (Act). At this 

time the Service is reconsidering 

designating critical habitat on the 

Hiawatha National Forest in Michigan 

and the Mark Twain National Forest in 

Missouri as identified in the July 26, 

2006, proposal. During the process of 

reconsidering the exclusion of these 

Federal lands, critical habitat designated 

by the September 5, 2007, final rule 

remains in place, while the Federal 

lands as described in the July 2006 

proposed rule are considered as 

proposed critical habitat. Through this 

notice, the Service is also taking the 

opportunity pursuant to section 

4(a)(3)(B) of the Act to propose a new 

unit on the Mark Twain National Forest 

that was not known to be occupied by 

the Hine’s emerald dragonfly at the time 

of the September 5, 2007, final rule but 

has since been discovered. The 

reopened comment period will provide 

all interested parties with an additional 

opportunity to submit written 

comments on the proposed rule, 

specifically regarding the new proposed 

unit and the exclusion of U.S. Forest 

Service lands from the 2007 final 

designation. Comments previously 

submitted on the proposed critical 

habitat designation need not be 

resubmitted; they have already been 

incorporated into the public record and 

will be fully considered in the final 

decision. 

DATES: We will consider comments 

received on or before June 22, 2009. 

ADDRESSES: You may submit comments 

by one of the following methods: 


dwashington3 on PROD1PC60 with PROPOSALS
18342 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Proposed Rules 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: RIN 1018– 

AW47, Division of Policy and Directives 

Management, U.S. Fish and Wildlife 

Service, 4401 N. Fairfax Drive, Suite 

222, Arlington, VA 22203. 

We will not accept e-mail or faxes. We 

will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comments section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: John 

Rogner, Field Supervisor, Chicago 

Illinois Ecological Services Field Office, 

1250 S. Grove, Suite 103, Barrington, IL 

60010, (telephone (847) 381–2253 

extension 11; facsimile (847) 381–2285). 

If you use a telecommunications device 

for the deaf (TDD), call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Public Comments 

We intend that any final action 

resulting from the proposed rule will be 

as accurate and as effective as possible. 

Therefore, we request comments or 

suggestions on the proposed designation 

of critical habitat for the Hine’s emerald 

dragonfly (Somatochlora hineana). 

We particularly seek comments 

concerning: 

(1) The reasons why we should or 

should not revise currently designated 

critical habitat for the Hine’s emerald 

dragonfly by including 13,295 acres (ac) 

(5,380 hectares (ha)) on the Hiawatha 

National Forest in Michigan and the 

Mark Twain National Forest in Missouri 

in the final designation; 

(2) Specific information on the 

amount and distribution of Hine’s 

emerald dragonfly habitat on the 

Hiawatha National Forest in Michigan 

or the Mark Twain National Forest in 

Missouri; 

(3) Any foreseeable economic, 

national security, or other potential 

impacts resulting from the proposed 

critical habitat revision, and in 

particular, any impacts on small 

entities; and 

(4) Information on the degree to 

which species-specific management 

plans have been implemented on U.S. 

Forest Service lands, and the 

effectiveness of any management actions 

implemented in reducing threats facing 

the Hine’s emerald dragonfly and its 

habitat or in improving its population 

status. 

You may submit your comments and 

materials concerning the proposed 

revised designation of critical habitat for 

the Hine’s emerald dragonfly by one of 

the methods listed in the ADDRESSES

section. We will not accept comments 

sent by e-mail or fax or to an address not 

listed in the ADDRESSES section. 

If you submit a comment via http:// 

www.regulations.gov, your entire 

comment—including any personal 

identifying information—will be posted 

on the Web site. If you provide personal 

identifying information in addition to 

the required items specified in the 

previous paragraph, such as your street 

address, phone number, or e-mail 

address, you may request at the top of 

your document that we withhold this 

information from public review. 

However, we cannot guarantee that we 

will be able to do so. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing the revised proposed 

designation of critical habitat for the 

Hine’s emerald dragonfly, will be 

available for public inspection on 

http://www.regulations.gov, or by 

appointment, during normal business 

hours, at the Service’s Chicago Illinois 

Ecological Services Field Office (see FOR

FURTHER INFORMATION CONTACT). 

Background 

On September 5, 2007, the Service 

published a final rule in the Federal 

Register (72 FR 51102) designating 

13,221 ac (5,350 ha) as critical habitat 

for the Hine’s emerald dragonfly in 

Illinois, Michigan, Missouri, and 

Wisconsin. In that 2007 final rule, the 

Service excluded U.S. Forest Service 

land in Michigan and Missouri from the 

designation, under section 4(b)(2) of the 

Act. The 14 units that make up the U.S. 

Forest Service lands were fully 

described in the July 26, 2006, proposed 

rule to designate critical habitat for the 

Hine’s emerald dragonfly (71 FR 42442). 

The U.S. Forest Service lands make up 

all or portions of Michigan units 1 and 

2 and Missouri units 1, 2, 4, 5, 7, 8, 11, 

21, and 23 through 26. In the 2006 

proposed rule, we explained that we 

were considering those areas for 

exclusion from the final designation, 

and subsequently excluded them from 

the 2007 final rule. We are now 

reconsidering those exclusions. 

On March 10, 2008, six parties 

(Northwoods Wilderness Recovery, The 

Michigan Nature Association, Door 

County Environmental Council, The 

Habitat Education Center, Natural 

Resources Defense Council, and The 

Center for Biological Diversity) filed a 

complaint against the Department of the 

Interior and the Service (Northwoods 

Wilderness Recovery et al. v. Dirk 

Kempthorne 1:08–CV–01407) 

challenging the exclusion of U.S. Forest 

Service lands from the 2007 final 

designation of critical habitat for the 

dragonfly. On February 12, 2009, the 

U.S. District Court for the Northern 

District of Illinois approved a settlement 

agreement in which the Service agreed 

to a remand without vacatur of the 

critical habitat designation in order to 

reconsider the Federal exclusions from 

the designation of critical habitat for the 

Hine’s emerald dragonfly. Per that 

settlement, we agreed to publish this 

notice reopening the comment period 

on the July 26, 2006, proposed critical 

habitat and that, upon publication of 

this notice, the July 26, 2006, proposed 

critical habitat designation of the U.S. 

Forest Service lands in Michigan and 

Missouri would be reinstated as 

proposed. Furthermore, until the 

effective date of the revised final critical 

habitat determination, the existing 

designation of critical habitat for the 

Hine’s emerald dragonfly will remain in 

place and effective. The Service will 

submit a revised final critical habitat 

designation for the Hine’s emerald 

dragonfly to the Federal Register by 

April 15, 2010. 

We are reopening the comment period 

to allow all interested parties to submit 

comments and materials on the 

potential inclusion of land on the 

Hiawatha National Forest in Michigan 

and the Mark Twain National Forest in 

Missouri in the final designation of 

critical habitat for the Hine’s emerald 

dragonfly. Through this notice, we are 

also taking the opportunity to revise our 

2006 proposed rule pursuant to section 

4(a)(3)(B) of the Act by proposing an 

additional unit, Missouri Unit 27, on the 

Mark Twain National Forest in Missouri 

that was not known to be occupied by 

the Hine’s emerald dragonfly at the time 

of the 2007 final rule, but has since been 

discovered through survey efforts. 

Previously submitted comments for this 

proposed rule need not be resubmitted. 

Those comments have been 

incorporated into the public record and 

will be fully considered in our final 

determination. 

Critical Habitat Units on U.S. Forest 

Service Lands as Described in the July 

26, 2006, Proposal (71 FR 42442) 

The units described below are areas 

that were not documented to be 

occupied at the time of listing but are 

currently occupied and are considered 

essential to the conservation of the 

species due to the limited numbers and 

small sizes of extant Hine’s emerald 

dragonfly populations. Recovery criteria 

established in the recovery plan for the 

species (Service 2001, pp. 31–32) call 

for a minimum of three populations, 


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each containing at least three 

subpopulations, in each of two recovery 

units. Within each subpopulation there 

should be at least two breeding areas, 

each fed by separate seeps and springs. 

Management and protection of all 

known occupied areas are necessary to 

meet these goals. 

Michigan Unit 1—Mackinac County, 

Michigan 

Michigan Unit 1 contains 9,452 ac 

(3,825 ha) in Mackinac County in the 

Upper Peninsula of Michigan. This area 

was not known to be occupied at the 

time of listing. All primary constituent 

elements (PCEs) for the Hine’s emerald 

dragonfly are present in this unit. The 

unit contains at least four breeding areas 

for Hine’s emerald dragonfly, with 

female oviposition or male territorial 

patrols observed at all breeding sites. 

Adults have also been observed foraging 

at multiple locations within this unit. 

The unit contains a mixture of fen, 

forested wetland, forested dune and 

swale, and upland communities that are 

important for Hine’s emerald dragonfly 

breeding and foraging. The habitat is 

mainly spring-fed rich cedar swamp or 

northern fen. The breeding areas are 

open with little woody vegetation or are 

sparsely vegetated with northern white 

cedar (Thuja occidentalis). Small 

shallow pools and seeps are common. 

Crayfish burrows are found in breeding 

areas. Corridors between the breeding 

areas make it likely that adult 

dragonflies could travel or forage 

between the breeding sites. The majority 

of this unit is owned by the Hiawatha 

National Forest. Threats, including 

nonnative species invasion, woody 

encroachment, off-road vehicle use, 

logging, and utility and road right-ofway maintenance, have the potential to 

impact the habitat. Small portions of the 

unit are owned by the State of Michigan 

and private individuals. This unit is 

essential to the conservation of the 

species because it provides for the 

redundancy and resilience of 

populations in this portion of the 

species’ range, where habitat is under 

threat from multiple factors. The 

exclusion of this entire unit from the 

2007 final designation is being 

reconsidered. 

Michigan Unit 2—Mackinac County, 

Michigan 

Michigan Unit 2 consists of 3,511 ac 

(1,421 ha) in Mackinac County in the 

Upper Peninsula of Michigan. This area 

was not known to be occupied at the 

time of listing. All PCEs for the Hine’s 

emerald dragonfly are present in this 

unit. The unit contains at least four 

breeding areas for Hine’s emerald 

dragonfly, with female oviposition or 

male territorial patrols observed at all 

breeding sites. The unit contains a 

mixture of fen, forested wetland, 

forested dune and swale, and upland 

communities that are important for 

Hine’s emerald dragonfly breeding and 

foraging. The breeding habitat varies in 

the unit. Most breeding areas are 

northern fen communities with sparse, 

woody vegetation (northern white 

cedar) that are probably spring-fed with 

seeps and marl pools present. One site 

is a spring-fed marl fen with sedgedominated seeps and marl pools. 

Crayfish burrows are found in breeding 

areas. Corridors between the breeding 

areas, including a large forested dune 

and swale complex, make it likely that 

adult dragonflies could travel or forage 

between the breeding sites. The majority 

of this unit is owned by the Hiawatha 

National Forest and is designated as a 

Wilderness Area. Threats, including 

nonnative species invasion, woody 

encroachment, and off-road vehicle use, 

have the potential to impact the habitat. 

About one percent of the unit is owned 

by private individuals. This unit is 

essential to the conservation of the 

species because it provides for the 

redundancy and resilience of 

populations in this portion of the 

species’ range, where habitat is under 

threat from multiple factors. The 

exclusion of this entire unit from the 

2007 final designation is being 

reconsidered. 

Missouri Unit 1—Crawford County, 

Missouri 

Missouri Unit 1 consists of 90 ac (36 

ha) in Crawford County, Missouri, and 

is under U.S. Forest Service ownership. 

This fen is in close proximity to the 

village of Billard and is associated with 

James Creek, west of Billard. This area 

was not known to be occupied at the 

time of listing. All PCEs for Hine’s 

emerald dragonfly are present in this 

unit. The fen provides surface flow, and 

includes larval habitat and adjacent 

cover for resting and predator 

avoidance. The fen and an adjacent 

open pasture provide foraging habitat 

that is surrounded by contiguous, 

closed-canopy forest. To date, only 

larvae have been documented from this 

locality. Threats identified for this unit 

include feral hogs and habitat 

fragmentation. This unit is essential to 

the conservation of the species because 

it provides for the redundancy and 

resilience of populations in this portion 

of the species’ range, where habitat is 

under threat from multiple factors. The 

exclusion of this entire unit from the 

2007 final designation is being 

reconsidered. 

Missouri Unit 2—Dent County, Missouri 

Missouri Unit 2 is comprised of 34 ac 

(14 ha) in Dent County, Missouri, and is 

under U.S. Forest Service and private 

ownership. The U.S. Forest Service 

portion of this unit comprises 15 ac (6 

ha), and is the only portion of the unit 

we are reconsidering for inclusion. It is 

located north of the village of Howes 

Mill and in proximity to County Road 

(CR) 438. This area was not known to 

be occupied at the time of listing. All 

PCEs for Hine’s emerald dragonfly are 

present in this unit—the U.S. Forest 

Service portion of the unit provides 

foraging areas for the species. The fen 

provides surface flow, and includes 

larval habitat and adjacent cover for 

resting and predator avoidance. The fen 

and an adjacent open old field provide 

foraging habitat and are surrounded by 

contiguous, closed-canopy forest. 

Adults have been documented from the 

U.S. Forest Service portion of this 

locality. Threats identified for this unit 

include all-terrain vehicles, feral hogs, 

and habitat fragmentation. This unit is 

essential to the conservation of the 

species because it provides for the 

redundancy and resilience of 

populations in this portion of the 

species’ range, where habitat is under 

threat from multiple factors. Only the 

exclusion of the Forest Service portion 

of this unit from the 2007 final 

designation is being reconsidered. 

Missouri Unit 4—Dent County, Missouri 

Missouri Unit 4 is owned and 

managed by the U.S. Forest Service, and 

consists of 14 ac (6 ha) in Dent County, 

Missouri. This fen is associated with a 

tributary of Watery Fork Creek in 

Fortune Hollow and is located east of 

the juncture of Highway 72 and Route 

MM. This area was not known to be 

occupied at the time of listing. The fen 

provides surface flow, and includes 

larval habitat and adjacent cover for 

resting and predator avoidance. All 

PCEs for Hine’s emerald dragonfly are 

provided in this unit. The fen and 

adjacent old fields provide habitat for 

foraging and are surrounded by 

contiguous, closed-canopy forest. To 

date, only larvae have been documented 

from this locality. Threats identified for 

this unit include feral hogs and habitat 

fragmentation. This unit is essential to 

the conservation of the species because 

it provides for the redundancy and 

resilience of populations in this portion 

of the species’ range, where habitat is 

under threat from multiple factors. The 

exclusion of this entire unit from the 

2007 final designation is being 

reconsidered. 


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Missouri Unit 5—Iron County, Missouri 

Missouri Unit 5 is comprised of 50 ac 

(20 ha) in Iron County, Missouri, and is 

under U.S. Forest Service ownership. 

This fen is adjacent to Neals Creek and 

Neals Creek Road, southeast of Bixby. 

This area was not known to be occupied 

at the time of listing. All PCEs for Hine’s 

emerald dragonfly are provided in this 

unit. The fen consists of surface flow 

and is fed, in part, by a wooded slope 

north of Neals Creek Road. This small 

but high-quality fen provides larval 

habitat and adjacent cover for resting 

and predator avoidance. The fen, 

adjacent fields, and open road provide 

habitat for foraging and are surrounded 

by contiguous, closed-canopy forest. 

Both adults and larvae have been 

documented from this unit. Threats 

identified for this unit include allterrain vehicles, feral hogs, road 

construction and maintenance, beaver 

dams, and habitat fragmentation. This 

unit is essential to the conservation of 

the species because it provides for the 

redundancy and resilience of 

populations in this portion of the 

species’ range, where habitat is under 

threat from multiple factors. The 

exclusion of this entire unit from the 

2007 final designation is being 

reconsidered. 

Missouri Unit 7—Phelps County, 

Missouri 

Missouri Unit 7 consists of 33 ac (13 

ha) in Phelps County, Missouri, and is 

owned and managed by the U.S. Forest 

Service. This area was not known to be 

occupied at the time of listing. All PCEs 

for Hine’s emerald dragonfly are 

provided in this unit. This fen is 

associated with Kaintuck Hollow and a 

tributary of Mill Creek, and is located 

south-southwest of the town of 

Newburg. This high-quality fen provides 

larval habitat and adjacent cover for 

resting and predator avoidance. The fen, 

adjacent fields, and open road provide 

habitat for foraging and are surrounded 

by contiguous, closed-canopy forest. 

Despite repeated sampling for adults 

and larvae, only one exuviae (shed 

larval exterior) has been documented 

from this unit. Threats identified for this 

unit include all-terrain vehicles, feral 

hogs, and habitat fragmentation. This 

unit is essential to the conservation of 

the species because it provides for the 

redundancy and resilience of 

populations in this portion of the 

species’ range, where habitat is under 

threat from multiple factors. The 

exclusion of this entire unit from the 

2007 final designation is being 

reconsidered. 

Missouri Unit 8—Reynolds County, 

Missouri 

Missouri Unit 8 is part of the Bee Fork 

complex. Bee Fork West, the U.S. Forest 

Service portion of the complex, consists 

of 4 ac (2 ha) in Reynolds County, 

Missouri. This locality is part of a series 

of three fens adjacent to Bee Fork Creek, 

extending from east-southeast of Bunker 

east to near the bridge on Route TT over 

Bee Fork Creek. This area was not 

known to be occupied at the time of 

listing. All PCEs for Hine’s emerald 

dragonfly are provided within the unit. 

The fen provides surface flow and is 

fed, in part, by a small spring that 

originates from a wooded ravine just 

north of the county road bordering the 

northernmost fen in the complex. The 

unit, in conjunction with the rest of the 

complex, is one of the highest quality 

representative examples of an Ozark fen 

in the State. The fen provides larval 

habitat and adjacent cover for resting 

and predator avoidance. The fen, 

adjacent fields, and open road provide 

habitat for foraging and are surrounded 

by contiguous, closed-canopy forest. 

Both adults and larvae have been 

documented from this unit. The entire 

complex is an extremely important focal 

area for conservation actions that benefit 

Hine’s emerald dragonfly. It is likely 

that the species uses Bee Fork Creek as 

a connective corridor between adjacent 

components of the complex. Threats 

identified for this unit include feral 

hogs, ecological succession, utility 

maintenance, application of herbicides, 

and habitat fragmentation. This unit is 

essential to the conservation of the 

species because it provides for the 

redundancy and resilience of 

populations in this portion of the 

species’ range, where habitat is under 

threat from multiple factors. The 

exclusion of this entire unit (unit 8) 

from the 2007 final designation is being 

reconsidered—however the exclusion of 

the rest of the Bee Fork complex (units 

9 and 10 from the 2006 proposal) is not 

being reconsidered. 

Missouri Unit 11—Reynolds County, 

Missouri 

Missouri Unit 11 is under private and 

U.S. Forest Service ownership and 

consists of 113 ac (46 ha) in Reynolds 

County, Missouri. The U.S. Forest 

Service portion of this unit comprises 

22 ac (9 ha), and is the only portion of 

the unit we are reconsidering for 

inclusion. The unit is a series of small 

fen openings adjacent to a tributary of 

Bee Fork Creek, and is located east of 

the intersection of Route TT and 

Highway 72, extending north to the Bee 

Fork Church on County Road 854. This 

area was not known to be occupied at 

the time of listing. This unit in its 

entirety is one of the highest quality 

representative examples of an Ozark fen 

in the State and incorporates much of 

the valley within Grasshopper Hollow. 

All PCEs for Hine’s emerald dragonfly 

are provided in this unit—the U.S. 

Forest Service portion of the unit 

provides foraging areas for the species. 

The fen provides surface flow and 

includes larval habitat and adjacent 

cover for resting and predator 

avoidance. The fen, adjacent fields, and 

open path provide habitat for foraging 

and are surrounded by contiguous, 

closed-canopy forest. Adults have been 

documented from the U.S. Forest 

Service portion of this unit. Threats 

identified for this unit include feral 

hogs, beaver dams, and habitat 

fragmentation. This unit is essential to 

the conservation of the species because 

it provides for the redundancy and 

resilience of populations in this portion 

of the species’ range, where habitat is 

under threat from multiple factors. Only 

the exclusion of the Forest Service 

portion of this unit from the 2007 final 

designation is being reconsidered. 

Missouri Unit 21—Ripley County, 

Missouri 

Missouri Unit 21 is a very small fen 

and consists of 6 ac (2 ha) in Ripley 

County, Missouri. It is under U.S. Forest 

Service ownership and is located west 

of Doniphan. This area was not known 

to be occupied at the time of listing. All 

PCEs for Hine’s emerald dragonfly are 

provided in this unit. The fen provides 

surface flow and includes larval habitat 

and adjacent cover for resting and 

predator avoidance. The fen and 

adjacent open, maintained county road 

provide habitat for foraging and are 

surrounded by contiguous, closedcanopy forest. To date, only larvae have 

been documented from this locality. 

Threats identified for this unit include 

feral hogs, all-terrain vehicles, 

equestrian use, and habitat 

fragmentation. This unit is essential to 

the conservation of the species because 

it provides for the redundancy and 

resilience of populations in this portion 

of the species’ range, where habitat is 

under threat from multiple factors. The 

exclusion of this entire unit from the 

2007 final designation is being 

reconsidered. 

Missouri Units 23 and 24—Washington 

County, Missouri 

Missouri Units 23 and 24 comprise 

the Towns Branch and Welker Fen 

complex and consist of 75 ac (31 ha) 

near the town of Palmer in Washington 

County, Missouri. The complex consists 


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of two fens that are under U.S. Forest 

Service ownership. This area was not 

known to be occupied at the time of 

listing. All PCEs for Hine’s emerald 

dragonfly are provided in this unit. 

These fens provide surface flow and 

include larval habitat and adjacent 

cover for resting and predator 

avoidance. The fens and adjacent open, 

maintained county roads provide 

habitat for foraging and are surrounded 

by contiguous, closed-canopy forest. To 

date, only larvae have been documented 

from this complex. Threats identified 

for this unit include feral hogs, allterrain vehicles, road construction and 

maintenance, and habitat fragmentation. 

This unit is essential to the conservation 

of the species because it provides for the 

redundancy and resilience of 

populations in this portion of the 

species’ range, where habitat is under 

threat from multiple factors. The 

exclusion of this entire unit from the 

2007 final designation is being 

reconsidered. 

Missouri Unit 25—Washington County, 

Missouri 

Missouri Unit 25 consists of 33 ac (13 

ha) and is located northwest of the town 

of Palmer in Washington County, 

Missouri. The fen is associated with 

Snapps Branch, a tributary of Hazel 

Creek, and is owned and managed by 

the U.S. Forest Service. This area was 

not known to be occupied at the time of 

listing. All PCEs for Hine’s emerald 

dragonfly are provided in this unit. The 

fen provides surface flow, and includes 

larval habitat and adjacent cover for 

resting and predator avoidance. The fen 

and adjacent old logging road with open 

canopy provide habitat for foraging and 

are surrounded by contiguous, closedcanopy forest. To date, only larvae have 

been documented from this locality. 

Threats identified for this unit include 

feral hogs, all-terrain vehicles, and 

habitat fragmentation. This unit is 

essential to the conservation of the 

species because it provides for the 

redundancy and resilience of 

populations in this portion of the 

species’ range, where habitat is under 

threat from multiple factors. The 

exclusion of this entire unit from the 

2007 final designation is being 

reconsidered. 

Missouri Unit 26—Wayne County, 

Missouri 

Missouri Unit 26 is owned and 

managed by the U.S. Forest Service and 

consists of 5 ac (2 ha). This extremely 

small fen is located near Williamsville 

and is associated with Brushy Creek in 

Wayne County, Missouri. This area was 

not known to be occupied at the time of 

listing. All PCEs for Hine’s emerald 

dragonfly are provided in this unit. The 

fen provides surface flow and includes 

larval habitat and adjacent cover for 

resting and predator avoidance. The fen 

and adjacent logging road with open 

canopy provide habitat for foraging and 

are surrounded by contiguous, closedcanopy forest. To date, only larvae have 

been documented from this unit. 

Threats identified for this unit include 

feral hogs, all-terrain vehicles, and 

habitat fragmentation. This unit is 

essential to the conservation of the 

species because it provides for the 

redundancy and resilience of 

populations in this portion of the 

species’ range, where habitat is under 

threat from multiple factors. The 

exclusion of this entire unit from the 

2007 final designation is being 

reconsidered. 

Additional Proposed Critical Habitat 

Unit 

Through this notice the Service is also 

taking the opportunity pursuant to 

section 4(a)(3)(B) of the Act to propose 

a new unit on the Mark Twain National 

Forest that was not known to be 

occupied by the Hine’s emerald 

dragonfly at the time of the September 

5, 2007, final rule, but has since been 

discovered to be occupied. Based on our 

evaluation of research results from 

recent fieldwork, we have determined 

that a newly discovered site in 

Washington County, Missouri, is 

essential to the conservation of Hine’s 

emerald dragonfly. The collection of a 

final instar male larva from this site 

provides evidence of breeding at this 

locality. The additional proposed 

critical habitat unit, Missouri Unit 27, is 

described below. 

Missouri Unit 27—Crawford County, 

Missouri 

Missouri Unit 27 is owned and 

managed by the U.S. Forest Service and 

is approximately 3.25 miles (5.23 

kilometers) west and southwest of 

Brazil, Missouri, or about 0.25 mile 

(0.40 kilometer) southeast of Center Post 

Church in Crawford County, Missouri. 

The unit consists of approximately 3 ac 

(1.21 ha). This unit was not known to 

be occupied at the time of listing. All 

PCEs for the Hine’s emerald dragonfly 

identified in the July 26, 2006, proposed 

rule (71 FR 42442) are present in this 

unit. Adult Hine’s emerald dragonflies 

have been observed at the site and 

successful breeding was confirmed 

(Vogt 2008, p. 10). Surface water 

consists primarily of seepage pools and 

small rivulets. Parts of the fen include 

an open field with scattered shrubs and 

eastern red cedar (Juniperus virginiana) 

that is likely used as a foraging area by 

adults. This unit is essential to the 

conservation of the species because it 

provides for the redundancy and 

resilience of populations in this portion 

of the species’ range, where habitat is 

under threat from multiple factors. 

Known threats to the PCEs that may 

require special management or 

protections include invasion of 

undesirable plant species, feral hogs, 

all-terrain vehicles, and equestrian use. 

Required Determinations 

In this notice, we are affirming the 

information contained in our July 26, 

2006, proposed rule (71 FR 42442), 

concerning Executive Order (E.O.) 

13132 (Federalism), and E.O. 12988 

(Civil Justice Reform); the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.), 

the National Environmental Policy Act 

(42 U.S.C. 4321 et seq.), and the 

President’s memorandum of April 29, 

1994, ‘‘Government-to-Government 

Relations with Native American Tribal 

Governments’’ (59 FR 22951). We also 

affirm the determinations made in our 

March 20, 2007, revised proposed rule 

and announcement of the availability of 

the draft economic analysis (72 FR 

13061), regarding E.O. 12866 

(Regulatory Planning and Review) and 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.); E.O. 13211 (Energy, Supply, 

Distribution, and Use); E.O. 12630 

(Takings); and the Unfunded Mandates 

Reform Act (2 U.S.C. 1501 et seq.). 

Please refer to the proposed rule and 

draft economic analysis of the proposed 

critical habitat designation for detailed 

discussions of required determinations 

and potential economic impacts. The 

economic analysis prepared for the 

original rulemaking included an 

analysis for Forest Service lands (the 

Mark Twain National Forest) in 

Missouri. The newly proposed 

additional unit also occurs on these 

lands. It is a relatively small unit and 

would be subject to the same issues 

previously analyzed. We will discuss 

the economics related to this additional 

unit in our final decision document on 

this action. If we adopt a final rule for 

this action, we will confirm our 

required determinations in that final 

rule to designate critical habitat for the 

Hine’s emerald dragonfly. 

References 

Vogt, T. 2008. Larval Sampling, Monitoring, 

and Status Survey for the Hine’s Emerald 

Dragonfly (Somatochlora hineana) in 

Missouri, 2007–2008. Report to the U.S. 

Forest Service and U.S. Fish and 

Wildlife Service. 10p. 


dwashington3 on PROD1PC60 with PROPOSALS
18346 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Proposed Rules 

Authors 

The primary authors of this document 

are Laura Ragan and Kristopher Lah of 

the Division of Ecological Services, 

Midwest Region, U.S. Fish and Wildlife 

Service. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Proposed Regulation Promulgation 

Accordingly, we propose to amend 

part 17, subchapter B of chapter I, title 

50 of the Code of Federal Regulations, 

as set forth below: 

PART 17—[AMENDED] 

1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 

625, 100 Stat. 3500; unless otherwise noted. 

2. Critical habitat for the Hine’s 

emerald dragonfly (Somatochlora 

hineana) in § 17.95(i), which was first 

proposed to be added on July 26, 2006, 

at 71 FR 42442 and then amended on 

March 20, 2007, at 72 FR 13061, is 

proposed to be further amended as 

follows: 

a. By redesignating paragraphs (i)(24) 

through (i)(30) as paragraphs (i)(25) 

through (i)(31); and 

b. Adding a new paragraph (i)(24) to 

read as set forth below: 

§ 17.95 Critical habitat—fish and wildlife. 

* * * * * 

(i) Insects. 

* * * * * 

Hine’s emerald dragonfly 

(Somatochlora hineana) 

* * * * * 

(24) Missouri Unit 27, Washington 

County, Missouri. 

(i) Missouri Unit 27: Washington 

County. Located on the Courtois 

quadrangle in Township 36 north, 

Range 2 west, section 14, northeast 1⁄4, 

southwest 1⁄4, northwest 1⁄4. 

(ii) Note: Map of Missouri proposed 

critical habitat Unit 27 follows: 

BILLING CODE 4310–55–P 


dwashington3 on PROD1PC60 with PROPOSALS
Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Proposed Rules 18347 

* * * * * Dated: April 15, 2009. 

Will Shafroth, 

Acting Assistant Secretary, Department of the 

Interior. 

[FR Doc. E9–9164 Filed 4–21–09; 8:45 am] 

BILLING CODE 4310–55–C 


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