[Federal Register Volume 70, Number 193 (Thursday, October 6, 2005)]
[Rules and Regulations]
[Pages 58335-58351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20049]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AJ13


Endangered and Threatened Wildlife and Plants; Determination of 
Endangered Status for the Salt Creek Tiger Beetle (Cicindela nevadica 
lincolniana)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine 
endangered status for the Salt Creek tiger beetle (Cicindela nevadica 
lincolniana), pursuant to the Endangered Species Act (Act) of 1973, as 
amended (Act). This species is endemic to the saline wetlands of 
eastern Nebraska (NE) and associated streams in the northern third of 
Lancaster County and southern margin of Saunders County. Only three 
small populations of this subspecies remain, and the known adult 
population size in 2005 was only 153 individuals. This final rule 
extends Federal protection and recovery provisions of the Act to the 
Salt Creek tiger beetle.

DATES: This final rule is effective November 7, 2005.

ADDRESSES: The complete file for this final rule is available for 
inspection, by appointment, during normal business hours at the U.S. 
Fish and Wildlife Service, Nebraska Ecological Services Field Office, 
203 West Second Street, Federal Building, Second Floor, Grand Island, 
NE 68801.

FOR FURTHER INFORMATION CONTACT: Mr. Steve Anschutz, Field Supervisor, 
at the above address (telephone (308) 382-6468, extension 12; facsimile 
(308) 384-8835)).

SUPPLEMENTARY INFORMATION:

Background

    Please see the proposed rule to list the Salt Creek tiger beetle as 
endangered (February 1, 2005; 70 FR 5101) for detailed information on 
the subspecies' taxonomy, natural history, distribution, and population 
status. We include a brief synopsis of that information here, along 
with new information that has been obtained since publication of the 
proposed rule.
    The Salt Creek tiger beetle (Cicindela nevadica lincolniana) is an 
active, ground-dwelling, predatory insect that captures small 
arthropods in a ``tiger-like'' manner by grasping prey with its 
mandibles (mouthparts). Salt Creek tiger beetle larvae live in 
permanent burrows in the ground. They are voracious predators, 
fastening themselves by means of abdominal hooks to the tops of their 
burrows and rapidly extending outward to seize passing prey. Adult Salt 
Creek tiger beetle are metallic brown to dark olive-green above, with a 
metallic dark green underside, and measure 1.3 centimeters (cm) (0.5 
inch (in.)) in total length.

Taxonomy

    The Salt Creek tiger beetle is a member of the family Cicindelidae, 
genus Cicindela. Eighty-five species and more than 200 subspecies of 
tiger beetles in the genus Cicindela are known from the United States 
(Boyd et al. 1982, Freitag 1999). Originally, the Salt Creek tiger 
beetle was described by Casey (1916) as a separate species, C. 
lincolniana. Willis (1967) identified C. n. lincolniana as a subspecies 
of C. nevadica, which evolved from C. n. knausii. This is the currently 
accepted taxonomic classification. The evolution of C. n. lincolniana 
was a result of its isolation some time after the Kansan glaciation 
(435,000 to 300,000 years before the present), but possibly during the 
Yarmouth glaciation (300,000 to 265,000 years before the present). 
Busby (2003) recently examined populations of C. nevadica and confirmed 
that C. n. lincolniana is distinctive from other populations of C. 
nevadica in the central Great Plains.

Life History

    Allgeier et al. (2004) and Spomer et al. (2004a) indicated that the 
Salt Creek tiger beetle has a 2-year life cycle, not uncommon for tiger 
beetles. Spomer and Higley (2001) and Spomer et al. (2004a) described 
the life cycle of the Salt Creek tiger beetle in detail through egg, 
larval, and adult stages. Adults are first observed as early as the end 
of May or as late as mid-June, peak in late June or early July, and 
disappear by mid-to late July. By August, almost all adults have died 
in the field (Spomer et al. 2004a). Females lay their eggs along 
sloping banks of creeks in areas where the salt layer is exposed in the 
soil horizon, in barren salt flats of saline wetlands, or along saline 
stream edges that are found in close association with water, near a 
seep or stream. During the night, female Salt Creek tiger beetles lay 
about 50 eggs in burrows (Farrar 2003, Allgeier et al. 2004). After the 
egg hatches and the young larva emerges from the burrow, the larva digs 
a burrow and uses its head to scoop out soil. Larval burrows can occur 
throughout a saline streambank and on barren salt flats of saline 
wetlands. Based on field observations, numerous saline seeps cause 
variation in soil moisture and salinity in the streambanks that allow 
burrows to occur away from the water's edge (W. Allgeier, pers. comm. 
2005).
    The small larva waits at the top of its burrow and ambushes prey 
that passes near the burrow entrance. The larva will plug its burrow 
and retreat inside during periods of high water, very hot weather, or 
very dry conditions. As the larva grows, it molts to a larger instar (a 
life stage between molts), enlarging and lengthening its burrow. For 
the most part, a Salt Creek tiger beetle larva will remain active until 
cold weather, at which time it plugs its burrow and hibernates. The 
Salt Creek tiger beetle has three instars. It probably overwinters as a 
third instar, pupates in May, and emerges as an adult. Before pupation, 
the larva seals its burrow entrance and digs a side chamber about 5 to 
8 cm (2 to 3 in.) below the soil surface. After the adult emerges from 
the pupa, it remains in the chamber until its cuticle hardens.

Habitat

    Tiger beetle species occur in many different habitats, including 
riparian habitats, beaches, dunes, woodlands, grasslands, and other 
open areas (Pearson 1988; Knisley and Hill 1992). Individual tiger 
beetle species are generally highly habitat-specific because

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of oviposition (i.e., the act of laying eggs) and larval sensitivity to 
soil moisture, composition, and temperature (Pearson 1988, Pearson and 
Cassola 1992). A common component of tiger beetle habitat appears to be 
open sunny areas for hunting and thermoregulation (an adaptive behavior 
to use sunlight or shade to regulate body temperature) (Knisley et al. 
1990, Knisley and Hill 1992).
    The Salt Creek tiger beetle occurs in saline wetlands--on exposed 
saline mudflats and along mud banks of streams and seeps that contain 
salt deposits (Carter 1989, Spomer and Higley 1993, LaGrange 1997). 
These saline habitats occur within the floodplain of Salt Creek and its 
tributaries in northern Lancaster and southern Saunders Counties. The 
habitats, especially the saline wetlands, receive their salinity from 
groundwater passing through an underground rock formation containing 
salts deposited by an ancient sea that once covered Nebraska (LaGrange 
1997). Saline wetlands of eastern Nebraska are characterized by saline 
soils and halophytes (plants adapted to saline conditions). They 
usually contain a central area that is devoid of vegetation and, when 
dry, exhibit salt-encrusted mudflats (barren salt flats) (LaGrange 
1997). These saline wetlands are used by Salt Creek tiger beetles and 
numerous other saline-adapted insects.
    The Salt Creek tiger beetle has very narrow habitat requirements 
for breeding; they occur in saline wetlands, on exposed saline mud 
flats and gravel bars, or along mud banks of streams and seeps that 
contain salt deposits and are sparsely vegetated (Carter 1989; Spomer 
and Higley 1993; LaGrange 1997; Nebraska Game and Parks Commission 
(NGPC) 1999; Spomer et al. 2004a). Larvae have been found only on the 
moist salt-encrusted banks of Little Salt Creek in northern Lancaster 
County (Spomer et al. 2004a). The density of larval burrows decreases 
as vegetative cover increases (S. Spomer, University of Nebraska--
Lincoln (UNL), pers. comm. 2002). Spomer et al. (2004a) indicated that 
adults show little flexibility in their selection of breeding habitat.
    The earliest emerging adults sometimes move from creek banks to the 
salt flats, presumably for early prey. However, a week or two into 
emergence, this behavior stops and adults are found almost exclusively 
in wetter areas, like creek edges or seeps along the creek (Spomer et 
al. 2004a). During peak emergence, adults often wander from their 
emergence sites, presumably looking for new areas to colonize or search 
for prey (Spomer et al. 2004a). It is during this time that adults 
often appear on sand or gravel bars, or on less saline soils along the 
stream. Salt Creek tiger beetles require these open barren areas to 
construct larval burrows, thermoregulate, and forage, and for use as 
dispersal corridors (Spomer and Higley 1993; L. Higley, UNL, pers. 
comm. 2002; S. Spomer, UNL, pers. comm. 2002). The Salt Creek tiger 
beetle is adapted to brief periods of high-water inundation and highly 
saline conditions (Spomer and Higley 1993).

Distribution and Status Overview

    The Salt Creek tiger beetle currently has one of the most 
restricted ranges of any insect in the United States (Spomer and Higley 
1993, Spomer et al. 2004a); it only occurs along limited segments of 
Little Salt Creek and adjacent remnant salt marshes in Lancaster 
County, Nebraska. To assess the historical and current distributions 
and populations of Salt Creek tiger beetle, we have analyzed private 
and public insect collections, NGPC's Heritage database records, and 
surveys conducted over the past 15 years, as well as sought the 
professional opinions of UNL entomologists who have studied or are 
studying the Salt Creek tiger beetle. Please see the proposed rule (70 
FR 5101; February 1, 2005) for additional details about the historical 
records we consulted, and the historical distribution of the 
subspecies.

Recent Distribution and Abundance

    Pearson and Cassola (1992) found that tiger beetle population size 
can be accurately estimated through visual counting due to the relative 
ease of observing and counting individuals, and because of their 
specialized habitat requirements. Visual counts have limitations (Horn 
1976), but if they are conducted in a similar manner every year, they 
can provide relative population estimates and a good estimate of the 
health and stability of the populations surveyed (Allgeier et al. 
2003). Intensive visual surveys conducted from 1991 through 2005 found 
Salt Creek tiger beetles at a total of 13 sites; although beetles were 
not found, nor were surveys conducted, at all 13 sites in all 15 years 
(Spomer et al. 2002, 2004a, 2004b; S. Spomer, UNL, pers. comm. 2005). 
Please see the proposed rule (70 FR 5101) for a description of the 
visual survey techniques used. In addition to visual count surveys, in 
2002, researchers undertook a mark/recapture study of the Little Salt 
Creek--Arbor Lake population. The small sample size hampered the mark/
recapture study, thereby making conclusions about population size 
uncertain. This study has not been continued in subsequent years due to 
limited resources. Results obtained from this study in 2002 are 
discussed in the proposed rule (70 FR 5101).
    Surveys conducted over a 15-year period establish that the Salt 
Creek tiger beetle is an extremely rare insect, numbering only in the 
hundreds and confined to an extremely small range. Visual surveys 
conducted from 1991 to 2005 show substantial annual fluctuations of 
total adult tiger beetles with 229, 150, 115, 473, 637, 631, 550, 308, 
271, 309, 519, 777, 745, 558, and 153 found each year, respectively, 
although not all sites were surveyed in all years (Spomer and Higley 
1993; Spomer et al. 1997, 1999, 2001, 2002, 2004a, 2004b; Allgeier et 
al. 2003, S. Spomer, UNL, pers. comm. 2005). The 2005 surveys found 
only 153 Salt Creek tiger beetles. This ranks as the third lowest count 
since 1991 and the lowest in the past 12 years. Over the last two 
years, the total number of Salt Creek tiger beetles observed through 
visual surveys has declined by about 80 percent (from 745 individuals 
in 2003 to 153 individuals in 2005).
    We determined that some of the 13 ``sites'' could be combined into 
``populations'' of Salt Creek tiger beetles when the following criteria 
were met--(1) close proximity of sites to each other (i.e., nearby, 
contiguous, or neighboring); (2) distances less than 805 meters (m) 
(2,640 feet (ft)) between sites; and (3) the presence of both suitable 
saline wetland (i.e., barren salt flats) and stream (saline edges) 
habitats that form a saline wetland/stream complex. The distance in 
criteria 2 above (805 m (2,640 ft)) is based on the 2002 mark/recapture 
study by Allgeier et al. (2003), which established that Salt Creek 
tiger beetles can move among nearby suitable habitats, as well as the 
distance at which Salt Creek tiger beetles may be attracted to 
artificial sources of light.
    On the basis of the above criteria, our evaluation of the 13 survey 
sites resulted in the delineation of 6 different populations of Salt 
Creek tiger beetles, half of which have been extirpated since annual 
surveys began in 1991 (a population is considered extirpated after 2 
consecutive years of negative survey results). The six Salt Creek tiger 
beetle populations, including the three that have been extirpated, are 
described below in order of abundance based on visual surveys conducted 
from 1991 to 2005--(1) Little Salt Creek--Arbor Lake; (2) Little Salt 
Creek--Roper; (3) Upper Little Salt Creek--North; (4) Upper Little Salt 
Creek--South; (5) Jack Sinn

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Wildlife Management Area (WMA); and (6) Capitol Beach.
    The last 3 populations on the above list are considered to be 
extirpated. The Upper Little Salt Creek--South population was located 
approximately 5 km (3 mi) upstream from the Little Salt Creek--Arbor 
Lake population. Degraded and nonfunctioning saline wetlands exist 
adjacent to Little Salt Creek, and although once devoid of vegetation, 
saline stream edge habitats are now vegetated at this site. The Upper 
Little Salt Creek--South population is considered extirpated because no 
Salt Creek tiger beetles have been found there since 1995. The Jack 
Sinn WMA population was made up of one survey site located on Rock 
Creek in southern Saunders and northern Lancaster Counties, 
approximately 20 km (10 mi) northeast of the Little Salt Creek--Arbor 
Lake population. Salt Creek tiger beetles from sites comprising the 
Jack Sinn WMA population have not been found since 1998 (Spomer et al. 
1999, 2001, 2002, 2004a, 2004b; Allgeier et al. 2003, S. Spomer, UNL, 
pers. comm. 2005). This population is considered extirpated because no 
Salt Creek tiger beetles have been found there since 1998. Capitol 
Beach was once one of the largest saline wetland tracts in eastern 
Nebraska, with a size of approximately 150 ha (400 ac) (Cunningham 
1985). Museum records between 1900 and 1972 indicate large numbers of 
Salt Creek tiger beetles at this site historically. In 1984, 
researchers conducted visual searches for the Salt Creek tiger beetle 
at Capitol Beach and other sites that appeared to provide suitable 
habitat (Spomer and Higley 2001). They found a low number of adults at 
Capitol Beach and noted that the habitat had been degraded (Spomer and 
Higley 1993). Today, all that remains of suitable habitat at Capitol 
Beach is a 10- to 20-m (40- to 50-ft) wide ditch that parallels 
Interstate 80 for approximately 0.8 km (0.5 mi), located southwest of 
the Interstate 80 and Airport Interchange. No individuals have been 
found at Capitol Beach since 1998 (Spomer et al. 2002, 2004a, 2004b; 
Allgeier et al. 2003; S. Spomer, UNL, pers. comm. 2005), leading us to 
conclude that this population is now extirpated. Please see the 
proposed rule (70 FR 5101) for additional information on these 3 
populations.
    We briefly describe the remaining 3 extant populations, with 
emphasis on new information. Please see the proposed rule (70 FR 5101) 
for additional details on these 6 populations.

Little Salt Creek--Arbor Lake Population

    The Little Salt Creek--Arbor Lake area is a large, relatively 
intact saline wetland complex that contains the largest population of 
Salt Creek tiger beetles. The Little Salt Creek--Arbor Lake population 
is located approximately 1.6 km (1 mi) north of the Interstate 80 and 
North 27th Street Interchange on the northern city limits of Lincoln, 
NE. It exists along the saline stream edge of Little Salt Creek and on 
the barren salt flats of an adjacent saline wetland. This population 
was monitored from 1991 to 2005, and the adult population averaged 315 
individuals per year over that 15-year period (Spomer and Higley 1993; 
Spomer et al. 1997, 1999, 2001, 2002, 2004a, 2004b; Allgeier et al. 
2003; S. Spomer, UNL, pers. comm. 2005). The 2005 survey results were 
the third lowest count since 1991 and the lowest in the past 12 years. 
Over the last two years, visual surveys of Salt Creek tiger beetles in 
the Little Salt Creek--Arbor Lake population declined by about 80 
percent.

Little Salt Creek--Roper Population

    The Little Salt Creek--Roper population is the second largest 
remaining population of Salt Creek tiger beetles, based on visual 
surveys conducted from 1994 to 2005. This population is located 
immediately south of the Interstate 80 and North 27th Street 
Interchange, approximately 1.6 km (1 mi) downstream of the Little Salt 
Creek--Arbor Lake population. Similar to the Little Salt Creek--Arbor 
Lake population, this population is associated with a saline wetland 
and stream complex located along Little Salt Creek. Visual surveys were 
conducted from 1994 to 2005, and the population counts were 54, 161, 
151, 144, 45, 55, 80, 85, 258, 162, 154, and 22 respectively (Spomer et 
al. 1997, 1999, 2001, 2002, 2004a, 2004b; Allgeier et al. 2003, S. 
Spomer, UNL, pers. comm. 2005). The 2005 survey results were the lowest 
count since monitoring began. Over the last two years, visual surveys 
of Salt Creek tiger beetles in the Little Salt Creek--Roper population 
declined by about 86 percent.

Upper Little Salt Creek--North Population

    The Upper Little Salt Creek--North population is the third and last 
extant (i.e., existing) population of Salt Creek tiger beetles. This 
population is located approximately 7.2 km (4.5 mi) upstream from the 
Little Salt Creek--Arbor Lake population, and exists only on the saline 
stream edges of Little Salt Creek. Although former saline wetlands 
(i.e., barren salt flats) exist adjacent to this population, these 
wetlands are degraded (drained because of the incisement of Little Salt 
Creek) and no longer provide suitable habitat for the Salt Creek tiger 
beetle. This population encompasses four sites along Little Salt Creek 
that were surveyed at various times during the period 1991 to 2005. 
Over the course of the 15-year survey period, 2 of the survey sites 
that comprise this population were surveyed at least 10 times. From 
1991 to 1996, the number of adult beetles found in the Upper Little 
Salt Creek--North population averaged 32 individuals per year (Spomer 
and Higley 1993; Spomer et al. 1997). Since then, the number of adult 
beetles surveyed in the population has averaged about 6 individuals per 
year; the total number found in 2005 was 16 adult individuals (Spomer 
and Higley 1993; Spomer et al. 1997, 1999, 2001, 2002, 2004a, 2004b; 
Allgeier et al. 2003; S. Spomer, UNL, pers. comm. 2005). Higley and 
Spomer (pers. comm. 2002) presumed that this population was threatened 
with extirpation in the near future because of the low and decreasing 
number of adults found during surveys.

Conclusion of Salt Creek Tiger Beetle Population Review

    The Salt Creek tiger beetle, highly specialized in habitat use, has 
probably always had a localized distribution. Visual surveys and mark-
recapture results indicate that the number of Salt Creek tiger beetles 
is extremely small, even when compared to other federally listed tiger 
beetle taxa. Population numbers are even smaller than the federally 
listed threatened Northeastern beach tiger beetle (Cicindela dorsalis 
dorsalis) and Puritan tiger beetle (C. puritana). From 1989 to 1992, 
the number of Northeastern beach tiger beetles found during annual 
surveys at 65 sites in Maryland and Virginia ranged from 9,846 to more 
than 17,480 beetles (USFWS 1994). Surveys of Puritan tiger beetles in 
Maryland in 1989, 1991, 1992, and 1993 found an average of 6,389 
beetles at 15 sites annually (USFWS 1993). Both the Northeastern beach 
tiger beetle and Puritan tiger beetle are well-studied insects and were 
listed as threatened under the Act in 1989 (55 FR 32088).
    Museum collections and surveys conducted from 1991 through 2005 
show that the number of known populations has declined from 6 to 3 in 
the last 9 years. Salt Creek tiger beetles were last found in the Upper 
Little Salt Creek--South population in 1995, and

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no individuals have been found in either the Jack Sinn WMA or the 
Capitol Beach populations since 1998. Based on our analysis of the best 
available scientific information, including private and public insect 
collections, NGPC's Heritage database records, surveys conducted over 
the past 15 years, and professional opinions of UNL entomologists who 
have studied or are studying the Salt Creek tiger beetle, we conclude 
that the number of Salt Creek tiger beetle populations is declining and 
that the three remaining populations are immediately threatened with 
extinction. This is discussed further below in the Summary of Factors 
Affecting the Species section of this rule.

Previous Federal Action

    For more information on previous Federal actions concerning the 
Salt Creek tiger beetle prior to 2002, please refer to the proposed 
rule to list the subspecies as endangered (70 FR 5101; February 1, 
2005). On October 7, 2002, as part of an agreement regarding other 
species, the U.S. Department of the Interior reached an out-of-court 
settlement with several conservation organizations and agreed to make a 
final determination for listing the Salt Creek tiger beetle by no later 
than September 30, 2005. In the May 4, 2004, Candidate Notice of Review 
published in the Federal Register (69 FR 24876), the Salt Creek tiger 
beetle remained as a priority 3 candidate for Federal listing. On 
February 1, 2005, we published a proposed rule in the Federal Register 
(70 FR 5101) to list the Salt Creek tiger beetle as endangered. This 
final rule complies with the court order. We have updated the proposed 
rule to reflect new information concerning changes in distribution, 
status, and threats to the subspecies since publication of the proposed 
rule.

Summary of Comments and Recommendations

    In the proposed rule published on February 1, 2005, we requested 
interested parties to submit factual reports or information that might 
contribute to the development of a final rule. A 60-day comment period 
closed on April 4, 2005. We contacted appropriate Federal agencies, 
State agencies, county and city governments, scientists, and other 
interested parties to request information and comments. A newspaper 
notice was printed in the Lincoln Journal Star on February 20, 2005. 
There were no requests for a public hearing during the comment period. 
Finally, we requested peer review in compliance with our peer review 
policy (59 FR 34270; July 1, 1994).
    During the public comment period, we received written comments 
(i.e., letters, facsimiles, and electronic messages) from 64 
individuals, businesses, schools, organizations, and State and local 
government entities; and 1 request for an extension of the comment 
period. In all, 56 commenters supported the protection of the Salt 
Creek tiger beetle through a Federal listing, while 8 commenters 
opposed the listing. Of the 56 commenters supporting the listing, 3 
letters were signed by 32 organizations and individuals. We treated 
these as 3 individual comments of support. Issues and concerns raised 
by the commenters, and our responses to each are summarized below:
    Issue 1: Some commenters believed that, due to the few remaining 
populations of Salt Creek tiger beetles and the extensive habitat loss, 
immediate protection under the Act is necessary. In addition, a number 
of commenters expressed the need for the Service to also designate 
critical habitat.
    Our Response: We determined that emergency listing was not 
necessary for this subspecies. However, we believe listing is 
warranted. Additionally, we have pursued numerous steps to protect the 
beetle prior to listing. These actions are discussed below. Regarding 
the designation of critical habitat for the Salt Creek tiger beetle, we 
believe critical habitat is both prudent and determinable. However, 
because of the critically imperiled status of Salt Creek tiger beetle, 
limited financial and personnel resources available to work on this 
taxon, and the Service's belief that listing confers greater protection 
on a species than does critical habitat, we have assigned a higher 
priority to promptly publishing the final rule for Salt Creek tiger 
beetle than to proposing and designating critical habitat, as allowed 
pursuant to section 4(b)(6)(C)(i). Funds have been budgeted for 
identification of critical habitat and work on a proposed designation 
is underway. We plan to publish a proposed rule to designate critical 
habitat for Salt Creek tiger beetle in the near future.
    Issue 2: One commenter provided a photograph of a tiger beetle 
along the Missouri River at Ponca State Park in Dixon County, Nebraska, 
and asserted that ``Salt Creek tiger beetles'' were common in the area.
    Our Response: A tiger beetle expert at the University of Nebraska-
Lincoln identified the tiger beetle in the photograph as Cicindela 
formosa, which is not the Salt Creek tiger beetle.
    Issue 3: Several commenters feared the potential effects that 
listing the Salt Creek tiger beetle could have on their use of private 
lands.
    Our Response: On non-Federal property, if Salt Creek tiger beetles 
are not present and activities on the property do not result in take, 
the Act's section 9 prohibitions on take would not come into play. If 
Salt Creek tiger beetles are present on non-Federal property, but 
activities on the property would not result in take, section 9 
prohibitions also would not come into play. If Salt Creek tiger beetles 
are present on non-Federal properties and activities on the property 
are likely to result in take, an incidental take permit may be 
available under section 10(a)(1)(B). As noted elsewhere in this rule, 
critical habitat has not been designated for this species. Once 
designated, additional regulations will regulate adverse modification 
of occupied and unoccupied critical habitat. The Service will provide 
technical assistance to landowner(s) and operator(s) to help them 
avoid, minimize, or mitigate any adverse impacts to the Salt Creek 
tiger beetle and its habitat.
    Proposed activities authorized, funded, or carried out by a Federal 
agency are subject to the consultation requirements prescribed in 
section 7 of the Act. Circumstances under which a proposed Federal 
action or Federal nexus may affect the Salt Creek tiger beetle will be 
handled through consultation with the involved Federal agency and 
applicant(s), as necessary, on a case-by-case basis, in accordance with 
section 7 of the Act.
    Issue 4: Concerns were raised that listing the Salt Creek tiger 
beetle under the Act would have adverse economic and social effects on 
the City of Lincoln and Lancaster County by limiting residential, 
commercial, and industrial developments and agricultural use of lands. 
These commenters requested that the Service consider and analyze the 
possible socioeconomic impacts of the listing action.
    Our Response: Under section 4(b)(1)(A) of the Act, we must base a 
listing decision solely on the basis of the best scientific and 
commercial data available. The legislative history of this provision 
clearly states the intent of Congress to ``ensure'' that listing 
decisions are ``based solely on biological criteria and to prevent non-
biological criteria from effecting such decisions'' (H. Rept. 97-835). 
The Conference Report on the 1982 amendments to the ESA notes that 
economic considerations have no relevance to determinations regarding 
the status of species.

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Economic considerations will be taken into full account when 
designating critical habitat, as required by the Act.
    Issue 5: A few commenters noted that the Salt Creek tiger beetle is 
insignificant to mankind and that insects should not be protected under 
the Act.
    Our Response: The Act recognizes the importance of all species to 
properly functioning ecosystems and requires us to protect species in 
danger of extinction and the ecosystems on which they depend. Section 
3(8) of the Act defines ``the term `fish or wildlife' (as) * * * any 
member of the animal kingdom, including without limitation any mammal, 
fish, bird (including any migratory, nonmigratory, or endangered bird 
for which protection is also afforded by treaty or other international 
agreement), amphibian, reptile, mollusk, crustacean, arthropod or other 
invertebrate, and includes any part, product, egg, or offspring 
thereof, or the dead body or parts thereof.'' Based on the best 
available scientific information, we have determined that the Salt 
Creek tiger beetle is in danger of extinction and warrants protection 
as an endangered species.
    Issue 6: One commenter referenced ``Tiger Beetles: The Evolution, 
Ecology, and Diversity of Cicindelas'' (Pearson and Vogler 2001) and 
concluded that: (1) There is nothing unique about the Salt Creek tiger 
beetle, including its biology; (2) there are many other species of 
tiger beetles; and (3) other tiger beetle species have gone extinct 
without any human-related causes.
    Our Response: (1) As noted above, Busby (2003) examined populations 
of Cicindela nevadica in the central Great Plains and confirmed that C. 
n. lincolniana is distinctive from other populations of C. nevadica in 
the central Great Plains. (2) We do not dispute this claim. As noted 
above, 85 species and more than 200 subspecies of tiger beetles in the 
genus Cicindela are known from the United States (Boyd et al. 1982; 
Freitag 1999). (3) The Service does not dispute the assertion that 
other species of tiger beetles have gone extinct without human related 
causes. However, the Act requires the Service to take action to 
conserve endangered and threatened species, and the ecosystems on which 
they depend, regardless of the cause. The Salt Creek tiger beetle faces 
an imminent risk of extinction.
    Coincidentally, Dr. David L. Pearson, co-author of ``Tiger 
Beetles,'' was asked to provide a peer review of the proposed rule. In 
his review, he stated, ``The present proposal for the Salt Creek tiger 
beetle is by far the most detailed study of potentially threatened or 
endangered tiger beetles I have seen. The population levels, local 
extinction, and robust data on surviving remnant colonies are 
scientifically sound and reliable. There is little doubt in my mind 
reading this document that the Salt Creek tiger beetle will most likely 
go extinct in a relatively short time if no action is taken.''
    Issue 7: Several commenters dispute the Service's claim that cattle 
grazing is a threat to the Salt Creek tiger beetle and its habitat.
    Our Response: Landowners who employ sound grazing management 
practices, including watering sources, generally do not adversely 
impact Salt Creek tiger beetles. However, uncontrolled congregation of 
cattle in areas where Salt Creek tiger beetle larvae exist can result 
in the trampling of both larvae and their burrows. In addition, areas 
that are overgrazed are susceptible to both rain and wind erosion, 
which can result in sediment covering Salt Creek tiger beetle burrows. 
Further, erosion of sediment into Salt Creek tiger beetle habitat from 
overgrazed areas can change the topographic elevation of the habitat 
and render it unsuitable.
    Issue 8: One commenter objected to the use of the term ``applied 
annually'' in the pesticides portion of Factor E in the Summary of 
Factors Affecting the Species section below.
    Our Response: We have modified the sentence and eliminated the word 
``annually.''
    Issue 9: Several commenters expressed their view that agriculture 
is more environmentally friendly today than it traditionally was in the 
past. Some stated that they rarely use pesticides, especially 
insecticides. They also mentioned the use of crop rotation between 
soybeans, grain sorghum, and corn to help manage pest problems on a 
yearly basis. Additionally, they referred to the current existence of 
buffer strips along Little Salt Creek that serve to ``handle'' any 
contamination problems. Another commenter stated that agriculture and 
croplands in the watershed have little effect on Salt Creek tiger 
beetle survival since ``insecticide use is very limited and controlled 
and water conservation structures continue to be installed.''
    Our Response: We are pleased to hear about instances where farmers 
minimize the use of pesticides. However, this does not fully address 
our concern with pesticides, especially insecticides, and their 
potential impacts to Salt Creek tiger beetles. As long as there are 
registered pesticides licensed for use on field crops (including 
soybeans, grain sorghum, and corn), there will be a potential for 
pesticide use in areas where Salt Creek tiger beetles are found. 
Pesticides also are used for purposes other than controlling pests in 
field crops. A primary example is mosquito control, particularly due to 
the presence of West Nile Virus in Nebraska. Buffer strips and other 
water control structures provide some level of protection from this 
factor. Farmers who do not utilize pesticides, or who use ground 
applicators and buffer strips, or other considerations for the Salt 
Creek tiger beetle, are not likely to ``take'' tiger beetles, and so 
are not likely to be impacted by the listing.
    Issue 10: One commenter referred to a water study that the Nebraska 
Department of Environmental Quality (NDEQ) conducted in Little Salt 
Creek from 1977 to 1994. The commenter stated that ``the study 
confirmed that no pesticides of concern were found that would [a]ffect 
the Salt Creek tiger beetle according to John Bender of NDEQ.''
    Our Response: The NDEQ study consisted of one sediment sample and 
one water sample, taken at one location and analyzed for a limited 
number of insecticides. More information regarding the Service's 
concerns with insecticides (including, but not limited, to those 
associated with agriculture) is provided in response to Issue 8 above 
and in the pesticides portion of Factor E in the Summary of Factors 
Affecting the Species section below.
    Issue 11: One commenter stated that there are beetles in Africa 
that feed upon corn stocks. This commenter implied that the Salt Creek 
tiger beetle also could become a pest if allowed to increase its 
numbers.
    Our Response: While some species of beetles are known to be 
agricultural pests, no evidence exists to indicate that tiger beetles 
and specifically, Salt Creek tiger beetles, are agricultural pests. As 
mentioned above in the Background section, the Salt Creek tiger beetle 
is a predatory insect that captures small arthropods. They are not 
known to eat corn stocks or other vegetation.
    Issue 12: One commenter indicated that the Salt Creek tiger beetle 
is in danger of extinction because of the natural changes to the 
habitat in Little Salt Creek as opposed to human-induced changes.
    Our Response: The human-induced impacts that have caused the loss 
and degradation of the Salt Creek tiger beetle's habitat in the Salt 
Creek watershed are documented under Factor A in the Summary of Factors 
Affecting the Species section below.
    Issue 13: It was suggested that: (1) Our references cited should be 
listed in the proposed rule; and (2) that a number of the references 
cited in the proposed rule

[[Page 58340]]

had not been peer reviewed and should have been prior to being used in 
the proposed rule.
    Our Response: (1) As noted in the proposed rule, a complete list of 
references cited is available upon request. Accordingly, we provided 
the commenter with a compact disk that contained the list of references 
cited as well as copies of all documents on the list. (2) The Act 
requires us to make listing determinations on the basis of the best 
scientific and commercial data available. Peer review is a 
consideration in determining what constitutes the best data available, 
but not the sole consideration. However, the Service is committed to 
ensuring reliance upon accurate, reliable, and unbiased information. To 
the greatest extent practicable and appropriate, information that we 
rely upon is internally reviewed for quality, including objectivity, 
utility and integrity. Additionally, in accordance with our July 1, 
1994, Interagency Cooperative Policy for Peer Review in Endangered 
Species Act Activities (59 FR 34270), we solicited peer reviews from 
seven experts in the field of entomology who have extensive experience 
with tiger beetles, to help ensure that our listing decision was based 
on scientifically sound data, assumptions, and analyses. Five of these 
experts provided peer reviews. The results of the peer review are 
discussed below in the Peer Review section of this rule.
    Issue 14: It was suggested that historical data are lacking and 
that recent counts are suspect.
    Our Response: We have no reason to believe that the information we 
have used to make our determination is suspect. The commenter did not 
provide specific examples supporting shortcomings in historic records 
or current sampling methods. Peer reviews of this rule support our 
conclusion that based on best scientific and commercial data available, 
the Salt Creek tiger beetle faces imminent extinction unless preventive 
conservation measures are employed to reverse the current trend.
    Issue 15: A few commenters stated that the Salt Creek tiger beetle 
should not be listed until a recovery plan or action plan is developed 
and approved. In addition, there needs to be an ``estimated 
probability'' that the Salt Creek tiger beetle will be saved by the 
recovery/action plan.
    Our Response: Listing the Salt Creek tiger beetle will initiate 
recovery planning. During the Federal recovery planning process, a 
recovery team develops a recovery plan that establishes a framework for 
the conservation of the species. A recovery plan sets objectives and 
priorities, such as habitat restoration or enhancement, development of 
reintroduction protocols, and identification of potential release 
sites. It also assigns responsibilities to achieve those objectives, 
and estimates the associated costs of completion. Due to the countless 
variables involved, estimating the probability of recovery may not be 
possible. That said, the ultimate purpose of the recovery plan is to 
identify the necessary steps needed to conserve and recover the Salt 
Creek tiger beetle.
    Issue 16: One commenter requested an additional 120-day comment 
period based on scientific uncertainty and economic impact of the 
proposed listing action.
    Our Response: For the following reasons we denied an extension of 
the comment period: (1) economic impacts can not be considered in a 
final listing determination; (2) the Service does not believe there is 
any scientific uncertainty regarding the status of this subspecies, nor 
did the commenter provide any substantive information to illuminate 
this claim; and (3) the time constraints of an out-of-court settlement 
agreement required a final determination regarding the proposed listing 
action by September 30, 2005.
    Issue 17: A few commenters said that the State and local 
governments were doing an adequate job of protecting the Salt Creek 
tiger beetle under their existing authorities and that Federal 
protection under the Act was unnecessary.
    Our Response: We acknowledge that the City of Lincoln, Lancaster 
County and the State of Nebraska have been undertaking actions 
beneficial to the Salt Creek tiger beetle. Existing regulatory 
mechanisms that provide protection for the Salt Creek tiger beetle 
include: federally-implemented regulatory mechanisms such as the 
National Environmental Policy Act (NEPA) and section 404 of the Clean 
Water Act (CWA); State-implemented regulatory mechanisms such as the 
Nebraska State Water Quality Standards (as required by section 401 of 
the CWA) and the Nebraska Nongame and Endangered Species Conservation 
Act (NESCA); and local conservation planning efforts such as the 2002 
City of Lincoln and Lancaster County Comprehensive Plan (Comprehensive 
Plan), the Little Salt Creek Valley Planning Cooperative Agreement co-
sponsored by The Nature Conservancy (TNC), NGPC, and the Saline Wetland 
Conservation Partnership (SWCP) (a local conservation plan). However, 
Federal, State, and local laws, regulations, and policies have not been 
sufficient to prevent past and ongoing losses of Salt Creek tiger 
beetle habitat. Federal listing under the Act will provide additional 
protections. This issue is discussed under Factor D in the Summary of 
Factors Affecting the Species section below.
    Also of significance to this issue, the Nebraska Game and Parks 
Commission recently commented on the proposed rule, ``* * * for the 
agencies to ultimately be successful in preventing the extinction of 
this highly endangered species, the Commission believes that it is 
necessary to utilize the regulatory oversight and funding resources 
that can be made available by (Federal) listing the Salt Creek tiger 
beetle as a federal endangered species.''
    Issue 18: The City of Lincoln requested that the Service proceed 
with a final decision on whether to list the Salt Creek tiger beetle to 
eliminate the existing uncertainty, and to allow the City to move 
forward with planning decisions and development proposals.
    Our Response: We understand the City's desire for a decision on 
this matter. In this action, the Service has finalized the proposal to 
list the Salt Creek tiger beetle as endangered under the Act.
    Issue 19: The City of Lincoln identified numerous conservation 
measures and actions it has taken to protect and preserve the saline 
wetlands of eastern Nebraska and the Salt Creek tiger beetle. The City 
expressed conditional support for listing the Salt Creek tiger beetle, 
provided that there would be adequate Federal funding to establish 
science-based habitat needs to guide future growth of the City and 
Lancaster County while protecting the tiger beetle.
    Our Response: We appreciate the efforts of the City of Lincoln and 
Lancaster County to work with us and other government entities, 
organizations, and landowners to protect the Salt Creek tiger beetle 
and its habitat. To date, the Service has provided funds under 
authority of section 6 of the Act to the City and County, to help with 
the purchase of high-priority habitats for the Salt Creek tiger beetle. 
In addition, section 6 funds have been made available to the University 
of Nebraska-Lincoln for research studies. We also have provided 
technical assistance to the City/County Planning Department by 
providing comments and recommendations for authorized or funded 
projects and activities that may impact the Salt Creek tiger beetle and 
its habitat. We look forward to continued work with the City/County and 
their partners in the

[[Page 58341]]

future, to allow for future growth of the City/County while protecting 
the Salt Creek tiger beetle and saline wetlands of eastern Nebraska. 
Although we cannot guarantee Federal funding will be provided in the 
future, we will make every effort to secure it.

Peer Review

    In accordance with our July 1, 1994, Interagency Cooperative Policy 
for Peer Review in Endangered Species Act Activities (59 FR 34270), we 
solicited peer reviews from experts in the field of entomology who have 
extensive experience with tiger beetles. The purpose of such a review 
is to ensure that listing decisions are based on scientifically sound 
data, assumptions, and analyses, including input from appropriate 
experts. We received comments from five expert reviewers; four of the 
five experts have provided the Service with peer reviews on previous 
listing actions involving tiger beetles. Three research professors 
(from Denison University, Granville, Ohio; Arizona State University, 
Tempe, Arizona; and Randolph-Macon College, Ashland, Virginia) provided 
independent peer review. These experts have had direct experience with 
rare and federally listed tiger beetles throughout the United States 
and the world. In addition, two Salt Creek tiger beetle experts--a 
research technologist in entomology (with an M.S. degree) in the 
Entomology Department of the University of Nebraska-Lincoln, and a UNL 
entomology graduate student (who subsequently received an M.S. for his 
work on the Salt Creek tiger beetle)--reviewed the rule, particularly 
in regard to our interpretation of data on the status, trends, habitat 
requirements, and other biological requisites of the Salt Creek tiger 
beetle. The UNL research technologist has more direct field research 
experience on the Salt Creek tiger beetle than anyone, and the graduate 
student has conducted important research on the life history, habitat 
requirement, and captive rearing potential of the beetle. Both have 
published peer-reviewed scientific articles on the Salt Creek tiger 
beetle. Their review of the rule has helped ensure the scientific 
soundness of our interpretations and analyses.
    All five experts strongly supported listing of the Salt Creek tiger 
beetle as endangered, based on the best available scientific 
information. Two experts provided corrections on minor factual issues, 
interpretation of the data, and citations. One reviewer identified that 
the proposed rule lacked information regarding a molecular phylogeny 
study that could be used to indicate the relationship within Cicindela 
nevadica and between other species of tiger beetles. However, his 
comments indicated that the lack of this information does not diminish 
the information presented in the proposed rule and the need to list the 
Salt Creek tiger beetle. The expert further stated that molecular 
phylogenetic studies of the Salt Creek tiger beetle could prove that 
this tiger beetle is a separate species, thus strengthening the 
argument for protection. All of the experts' information has been 
incorporated into this final rule where appropriate.
    We also received comments from entomologists across the United 
States who have conducted research on tiger beetles, including the 
federally threatened Northeastern beach tiger beetle and Puritan tiger 
beetle. These reviewers also supported the listing of the Salt Creek 
tiger beetle under the Act, based on the information in the proposed 
rule.
    In summary, no information was received from scientific experts to 
indicate that the Salt Creek tiger beetle is more widespread or less 
threatened than we had previously determined in the proposed rule. All 
peer reviewers support the endangered listing.

Summary of Factors Affecting the Species

    Section 4 of the Act (16 U.S.C. 1533) and regulations (50 CFR part 
424) promulgated to implement the listing provisions of the Act set 
forth procedures for determining a species or subspecies to be 
endangered or threatened due to one or more of the five factors 
described in section 4(a)(1) of the Act. These factors and their 
application to the Salt Creek tiger beetle are as follows:

A. Present or Threatened Destruction, Modification, or Curtailment of 
Habitat or Range

Background

    As discussed in the proposed rule (70 FR 5101; February 1, 2005), 
the greatest threat to the Salt Creek tiger beetle is habitat 
destruction (Ratcliffe and Spomer 2002). Like many insects, the Salt 
Creek tiger beetle's close association with specific habitats--salt 
barrens and stream edges--leaves it particularly vulnerable to habitat 
destruction and alteration through direct and indirect means (Pyle et 
al. 1981). The saline wetlands of eastern Nebraska, associated saline 
streams, and freshwater wetlands used by the Salt Creek tiger beetle as 
dispersal habitat have undergone extensive degradation and alteration 
for commercial, residential, transportation, and agricultural 
development since the late 1800s, and are the most restricted and 
imperiled natural habitat type in the State (Gersib and Steinauer 
1991).
    In order to understand the complexity and immediacy of threats to 
the Salt Creek tiger beetle, it is necessary to understand when and how 
the destruction and degradation of the beetle's saline wetland and 
associated stream habitats took place. This is discussed at length in 
the proposed rule (70 FR 5101), and we refer the reader to that 
proposal for additional details beyond what is summarized here. The 
saline wetlands and associated streams of eastern Nebraska began to be 
ditched, drained, and filled beginning in the 1800s, (Murphy 1992; Russ 
et al. 2003). From the 1930s to the 1950s, saline wetlands continued to 
be destroyed for the development of Lincoln (Farrar and Gersib 1991), 
and in the 1960s, the construction of Interstate 80 resulted in 
additional filling, dredging, diking, draining, and diversion in the 
heart of the remaining Salt Creek tiger beetle habitat (Farrar and 
Gersib 1991). Commercial and residential developments, along with road 
construction, have resulted in the loss or degradation of the vast 
majority of barren salt flat and saline stream edge habitat for the 
Salt Creek tiger beetle.
    The three remaining Salt Creek tiger beetle populations are being 
surrounded by commercial and residential development (Ratcliffe and 
Spomer 2002). Although the construction of buildings, homes, roads, 
schools, and parking lots is not occurring directly on salt flats and 
saline stream edges, these projects are occurring adjacent to these 
habitats. Such projects have resulted in the creation of impervious 
surfaces (e.g., access roads, parking lots) that do not allow 
precipitation to seep into the ground. Instead, these surfaces create 
frequent, high-volume freshwater runoff flows that enter the saline 
wetlands and associated streams, diluting their salinity and altering 
hydrology. In addition, runoff originating from other nearby, but not 
necessarily adjacent, residential and commercial developments and 
associated roads flows through constructed drainages, storm sewers, and 
tributaries, and contributes to an increase of freshwater inflow into 
saline wetlands and their associated streams.
    Reduced salinity concentrations and increased sedimentation on 
barren salt flats and along saline stream edges have allowed the 
invasion of vegetation such as Typha angustifolia (cattail) and 
Phalaris arundinacea (reed canary

[[Page 58342]]

grass) into habitats used by the Salt Creek tiger beetle. These plants, 
ordinarily unable to tolerate high salinity, are aggressive invaders 
that convert sunny, barren salt flats into habitat that is dominated by 
an herbaceous overstory. Additionally, sedimentation from runoff at 
construction sites allow for fine silts to deposit on flats allowing 
for increased vegetation encroachment. The resulting vegetated habitat 
is unsuitable for use by the Salt Creek tiger beetle. The overstory 
shades out open, sunny areas required by the Salt Creek tiger beetle to 
thermoregulate, forage, and oviposit (M. Fritz, NGPC, pers. comm. 
2001). Increased vegetative encroachment is the primary factor 
attributed to the extirpation of several populations of other Cicindela 
species (Knisley and Hill 1992).
    Reduced salinity concentrations have resulted in other direct 
impacts. Based on field and laboratory studies using Cicindela 
circumpicta and C. togata, two tiger beetle species that are co-
inhabitants with the Salt Creek tiger beetle on salt flats, Hoback et 
al. (2000) found that salt is required for ovipositing. Allgeier et al. 
(2004) concluded that a species-specific preference for salt and soil 
moisture regimes is important to habitat partitioning and reduction in 
competition between the Salt Creek tiger beetle and other tiger 
beetles. Hoback et al. (2000) also discovered that changes in salinity 
and hydrology may alter the abundance of prey and cause the loss of 
suitable larval habitat for saline wetland-dependent species of tiger 
beetles, including the Salt Creek tiger beetle. Once the hydrologic 
regimes of these saline wetlands and associated streams used by the 
Salt Creek tiger beetle are altered by salinity changes (oftern leading 
to vegetation encroachment), stream incisement (which lowers the water 
table), or other impacts such as bank stabilization, restoration and 
recovery of the habitats can be difficult (Langendoen et al. 2000) and 
expensive (see, for example, http://www.environmentaltrust.org/work/awards.htm).

Past and Present Habitat Quality and Quantity

    A number of studies have attempted to quantify the amount and rate 
of habitat loss for the saline wetlands of eastern Nebraska. All of 
these studies confirm the extensive loss of saline wetlands, but vary 
in terms of their estimates for the total acres lost due to differences 
in data and methods of analysis. These various studies are discussed at 
length in the proposed rule (70 FR 5101). In 1993 and 1994, a team of 
biologists from various Federal and State agencies completed an 
intensive assessment, inventory, and categorization of the saline 
wetlands of eastern Nebraska. This assessment identified 98 sites that 
could be categorized as Category 1 saline wetlands comprising 
approximately 1,346 ha (3,327 ac) (Gilbert and Stutheit 1994). Category 
1 saline wetlands provide saline wetland functions of high value or 
have the potential to provide high value following restoration or 
enhancement (Gilbert and Stutheit 1994). LaGrange (2003) further 
examined the Gilbert and Stutheit (1994) analysis, and divided Category 
1 saline wetlands into three sub-classes: (1) not highly degraded and 
still functioning--totaling 85 ha (210 ac) (6 percent); (2) degraded, 
but still functioning as a saline wetland, and capable of restoration 
to full function--totaling 1,249 ha (3,087 ac) (93 percent); and (3) 
degraded and not functioning as a saline wetland, but restorable to 
full function--totaling 12 ha (30 ac) (1 percent).
    Although it is important to discuss the overall loss of saline 
wetlands, the impact of that loss on the Salt Creek tiger beetle can 
only be fully assessed by considering the loss of barren salt flat and 
saline stream edge habitats that occur within the confines of Category 
1 saline wetlands. We expanded on the analyses completed by LaGrange 
(2003) and Gilbert and Stutheit (1994) to complete such an assessment. 
Using a Geographic Information System (GIS), we did a habitat 
assessment of the remaining barren salt flat and saline stream edge 
habitats present within the remaining Category 1 saline wetlands. Using 
National Hydrography Dataset information (available online at http://nhd.usgs.gov) and all known locations of Salt Creek tiger beetles, we 
delineated saline stream edge habitat (J. Runge, USFWS, pers. comm. 
2003). Next, we delineated barren salt flat habitat through the use of 
a feature-extraction process that would select areas containing similar 
spectral signatures of known barren salt flats. Finally, we evaluated 
our GIS analysis qualitatively by ground-truthing select polygons 
within the barren salt flat GIS layer.
    Results from our assessment indicate that the total remaining areas 
of barren salt flat and saline stream edge habitat that exist within 
the saline wetlands of the Little Salt Creek and Rock Creek watersheds 
plus the remnant Salt Basin (i.e., Capitol Beach) are approximately 15, 
33, and 1 ha (38, 81, and 3 ac), respectively, for an overall total of 
49 ha (122 ac). In consideration of the analysis completed by LaGrange 
(2003), we then conducted a spatial analysis to determine the amount of 
habitat currently available for the Salt Creek tiger beetle that is not 
highly degraded. The analysis separated coded barren salt flats into 
Category 1 subclasses identified by LaGrange (2003). Our analysis 
revealed that only approximately 6 ha (15 ac) out of the total 49 ha 
(122 ac) of coded salt barrens are not highly degraded. It is these 
remaining 6 ha (15 ac) of not highly degraded barren salt flats and 
saline stream edges that provide habitat for the Salt Creek tiger 
beetle.
    As the quality of saline habitat continues to decline through 
reduction in size, encroachment of herbaceous species, and modification 
to hydrology, so too does the likelihood that the Salt Creek tiger 
beetle can survive and avoid extinction. Most of the habitat delineated 
in our analysis is composed of extremely small habitat complexes (i.e., 
less than 0.04 ha (0.09 ac)) that are unlikely to provide all of the 
necessary life history requirements that the Salt Creek tiger beetle 
needs to survive. Further, these small habitats are in clusters 
resembling mosaics, separated by herbaceous overstory. This spatial 
dispersion precludes the use of these small areas by the Salt Creek 
tiger beetle. In addition, the loss of saline and freshwater wetlands 
further reduces the connectivity between populations. The loss of 
travel corridors eliminates genetic interchange and the ability to 
repopulate after catastrophic events (Murphy et al. 1990; Fahrig and 
Merriam 1994; Ruggerio et al. 1994; Noss et al. 2002). Spomer et al. 
(2004) reported that no Salt Creek tiger beetles were found in these 
small habitats in the 13 years that surveys were conducted. Carter 
(1989), NGPC (1999), Ratcliffe and Spomer (2002), Spomer and Higley 
(1993 and 2001), Spomer et al. (1997), and Allgeier et al. (2003) all 
concluded that the declining number of populations of Salt Creek tiger 
beetles is due to the loss of suitable saline wetland and stream 
habitat.

Urban Development and Road Construction

    Commercial and residential urban development and road construction 
are the greatest threats to the saline wetlands of eastern Nebraska and 
the plant and animal species that depend upon these habitats (Gilbert 
and Stutheit 1994; Ratcliffe and Spomer 2002). Urban expansion of the 
City of Lincoln (Lincoln) and Lancaster County, fueled by growth in the 
human population of both the City and County, has contributed to the 
decline of the saline

[[Page 58343]]

wetlands of eastern Nebraska and associated streams, and the potential 
extinction of endemic taxa that use these areas, such as the Salt Creek 
tiger beetle. This growth and expansion was discussed in detailed in 
the proposed rule (70 FR 5101), and that rule should be consulted for 
more specifics. The accelerated population growth rate of the region 
has become particularly evident in the last year, as illustrated by 
urban and infrastructure developments (discussed below) that threaten 
the continued existence of the Salt Creek tiger beetle and its limited 
remaining habitat.
    All three extant populations of Salt Creek tiger beetles may be 
threatened with extirpation as a result of expansion of urban 
development and road construction in Lincoln and Lancaster County. A 
review of 1989 and 2002 aerial photographs revealed that over 50 
percent of the area surrounding the Little Salt Creek--Roper population 
(a 1,300-ha (3,200-ac) area bounded by Interstate 80 to the North, Salt 
Creek to the South, North 27th Street to the West, and Highway 77 to 
the East) has been developed within the last 5 years. The 2005 
population survey results for this population were the lowest since 
monitoring began in 1991, with significant declines observed in each of 
the last three years. We reviewed the Comprehensive Plan and found that 
an additional 30 to 40 percent of the area surrounding the Little Salt 
Creek--Roper population has been planned for residential and commercial 
development over the next 25 years. However, given the current rate of 
growth and development surrounding this population, this additional 
area will likely be developed more quickly. In some cases, the local 
municipal development permits for the expansion have already been 
acquired (including some floodplain permits from Lincoln) (R. Harms, 
pers. obs. 2002 and 2003).
    Development is currently underway in areas adjacent to the 
remaining segments of habitat for all three Salt Creek tiger beetle 
populations. These developments have already changed the drainage 
patterns in some areas, resulting in the introduction of excess 
freshwater, sediment, and contaminated urban runoff to saline habitats 
occupied by the Salt Creek tiger beetle. There also are planned highway 
projects which could adversely impact the species due to increases in 
freshwater runoff, vegetative encroachment, risks of toxic spills, and 
alteration of drainage patterns.
    Increased vehicle traffic due to road improvements can increase the 
amount of contaminated runoff flowing into Little Salt Creek from 
vehicles and roadway surfaces. Highway runoff contains a variety of 
chemical constituents, many of which can be harmful to the environment 
when washed from roads by rain and snowmelt into adjacent surface 
waters, groundwater, and ecosystems (Bricker 1999). Contaminated runoff 
can impact the Salt Creek tiger beetle through toxic effects to the 
beetle, its prey base, and its habitat. For the expansion of Interstate 
80, the Federal Highway Administration (FHWA) and Nebraska Department 
of Roads have identified measures that reduce concentrations of 
hazardous and toxic contaminants in highway runoff, and a contingency 
plan for accidental spills that would threaten two populations of Salt 
Creek tiger beetles (FHWA 2003). However, other planned non-Federal 
road and street projects that will be constructed after the Interstate 
80 expansion do not currently address impacts to Salt Creek tiger 
beetle populations from road runoff.

Agriculture

    Agricultural practices in the area also may threaten the limited 
Salt Creek tiger beetle habitat, especially for the Upper Little Salt 
Creek--North and Little Salt Creek--Arbor Lake populations. Livestock 
over-grazing can destroy or substantially degrade habitats for adult 
and larval forms of the Salt Creek tiger beetle through trampling, 
which can destroy Salt Creek tiger beetle larvae burrows and the larvae 
that inhabit them (Spomer and Higley 2001). Cattle grazing also can 
compact soil and modify soil hydrology, gradually drying out a site and 
making it unsuitable for adults and larvae (which prefer moist, muddy 
sites with encrusted salt on soil surfaces). Further, erosion of 
sediment into Salt Creek tiger beetle habitat from overgrazed areas can 
change the topographic elevation of the habitat and render it 
unsuitable. The Upper Little Salt Creek--North population occurs along 
a segment of Little Salt Creek that flows through a pasture, and one of 
these population survey sites may have been negatively impacted by 
cattle grazing (Spomer and Higley 2001; Spomer et al. 2004a). After 
cattle grazing was halted at this site in 2004, the habitat improved 
and observed population numbers increased (Spomer et al. 1997, 1999, 
2001, 2002, 2004a, 2004b; Allgeier et al. 2003; S. Spomer, UNL, pers. 
comm. 2005).
    Cultivation also poses a threat to the largest remaining population 
of Salt Creek tiger beetles, the Little Salt Creek--Arbor Lake 
population. Cultivation can increase sediment erosion that can cover 
larval burrows as well as change soil salinity and encourage vegetative 
encroachment. Such areas may no longer be suitable for ovipositing, 
larval, or foraging habitat. When an area of larval habitat becomes 
degraded and then disappears, so does the species that it supports 
(Dunn 1998). The data now support this assertion. After one such site 
adjacent to a cultivated field was plowed in the fall/winter of 2002/
2003, the habitat became increasingly vegetated, and observed counts 
declined from 45 in the summer of 2002 to zero in 2005 (Spomer et al. 
2002, 2004a, 2004b; Allgeier et al. 2003; S. Spomer, UNL, pers. comm. 
2005; Robert Harms, USFWS, pers. comm. 2005). Such cultivation may also 
result in the introduction of pesticides into adjacent saline wetlands 
unless a vegetative buffer is in place. Historic and anticipated 
impacts related to flooding are discussed later in Factor E of the 
Summary of Factors Affecting the Species section of this rule.

Stream Channelization, Bank Stabilization, and Incisement

    In Nebraska, many river and stream systems, including Salt Creek 
and its tributaries, have undergone extensive channelization for flood 
control to protect both agricultural and urban developments. 
Channelization of Salt Creek from Lincoln to Ashland, Nebraska, was 
done a section at a time from 1917 to 1942 by the Army Corps of 
Engineers (COE) (Farrar and Gersib 1991; Murphy 1992). In the 1950s, 
the COE and USDA further modified the area when they developed and 
implemented a flood control plan that involved the construction of 
levees, reservoirs, and additional channelization of Salt Creek (Murphy 
1992). Farrar and Gersib (1991) found that the greatest alteration of 
saline wetlands in the Little Salt Creek and Rock Creek drainages 
resulted from the channelization of Salt Creek. Channelization of Salt 
Creek encouraged tributary streams (Little Salt Creek, Oak Creek, Rock 
Creek, and Middle Creek) to head-cut, carving deeper into their beds to 
adjust to the change in stream bed gradients. Straightening stream 
channels leads to a state of instability, often causing stream 
entrenchment and corresponding changes in morphology and stability 
(Rosgen 1996). The lowering of tributary streambeds in the Salt Creek 
drainage resulted in the degradation and loss of saline wetlands by 
draining and lowering the water table and diluting salt concentrations 
with fresh water, which led to vegetative encroachment (Wingfield et 
al. 1992).

[[Page 58344]]

    In 1992, the largest population of Salt Creek tiger beetles, the 
Little Salt Creek--Arbor Lake population, was significantly impacted by 
a stream channelization and bank stabilization project along Little 
Salt Creek (Spomer and Higley 1993; Farrar 2003). In an attempt to 
control erosion and bank sloughing and to prepare for the widening of 
North 27th Street, a portion of Little Salt Creek was straightened, and 
its banks were armored with rock riprap. These actions destroyed about 
one-half of the remaining prime habitat for the Salt Creek tiger beetle 
along Little Salt Creek (Spomer and Higley 1993; Farrar 2003). Based on 
surveys conducted in 1991 and 1992, the Little Salt Creek--Arbor Lake 
population exhibited a corresponding 55 percent decline (from 171 to 
94) after the project was completed (Spomer and Higley 1993). In this 
circumstance, stabilization of about half of the bank resulted in the 
loss of over half of the population of Salt Creek tiger beetles. It is 
unclear why the population at the site was able to recover following 
such an event, but it is possible that favorable weather conditions, 
suitable habitat within the tiger beetle's travel distance, or other 
unknown factors could have contributed to their survival.
    The lower portion of Little Salt Creek, where the two largest 
remaining populations of Salt Creek tiger beetles exist, has become 
deeply incised by human activities, resulting in the creation of 
vertical stream banks measuring approximately 6 to 9 m (20 to 30 ft) in 
height (J. Cochnar and R. Harms, USFWS, pers. obs. 2002). Bank 
sloughing is covering saline stream edges and reducing the amount of 
suitable habitat for the two populations. The Little Salt Creek--Arbor 
Lake and Little Salt Creek--Roper populations of the Salt Creek tiger 
beetle may have been able to survive because they exist in areas where 
there is still a functioning saline wetland and saline stream complex. 
However, if these two areas evolve into stable, vegetated, incised 
stream systems and the wetland habitats continue to receive freshwater 
runoff from surrounding urban development, the existing suitable 
habitats for the Salt Creek tiger beetle will likely be altered and no 
longer support these two populations. This could almost certainly 
result in the extinction of the Salt Creek tiger beetle, given that the 
remaining third population is so small.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    Tiger beetles (genus Cicindela) are one of the most sought-after 
genera of beetles by amateur collectors because of their unique 
metallic colors and patterns as well as their fascinating habits (NGPC 
1999; 66 FR 50340). Interest in the genus Cicindela is reflected in a 
journal entitled ``Cicindela,'' which has been published quarterly 
since 1969 and is exclusively devoted to the genus. Even limited 
collection pressure on small populations of taxa such as the Salt Creek 
tiger beetle can have adverse impacts on a species' viability because 
of the loss of genetic variability it causes (Spomer and Higley 1993). 
At present, we do not know if the collection of adult Salt Creek tiger 
beetles is a factor contributing to its decline.
    Regarding potential scientific overutilization, the Service and 
NGPC are funding studies on the Salt Creek tiger beetle to improve our 
understanding of its biology and habitat requirements with the ultimate 
goal of supporting captive rearing and transplantation. We believe this 
research will ultimately contribute to the conservation of the 
subspecies. Transplanting larvae of other species of rare tiger beetles 
has been conducted elsewhere by removing larvae from one site and 
introducing them to another unoccupied site. For example, successful 
larvae translocations of the federally listed Northeastern beach tiger 
beetle have been conducted at sites where populations were previously 
extirpated (Knisley et al. 2005). A preliminary recovery plan draft for 
the subspecies (Spomer et al. 2004) suggests that Salt Creek tiger 
beetles will need to be introduced into suitable, unoccupied habitats 
through the rearing and translocation of captive larvae. Captive-
rearing of Salt Creek tiger beetle larvae for introduction into 
suitable saline habitats is underway through Service- and NGPC-funded 
studies at UNL (Allgeier et al. 2003). A small number of adult Salt 
Creek tiger beetles were captured and removed from their habitat, and 
subsequently placed in a laboratory setting. The removal of a small 
number of adults will slightly reduce a population in the short term, 
but if successful, such a program will preserve and enhance the genetic 
variability of the subspecies, as well as facilitate its recovery.

C. Disease or Predation

    No information is available to determine if the Salt Creek tiger 
beetle is susceptible to diseases that could threaten its survival. 
However, the Salt Creek tiger beetle is affected by several predacious 
and parasitic species that are commonly observed in its habitat. 
Spiders (Salticidae and Lycosidae), predatory bugs (Reduviidae), 
beetles (Histeridae and Cantharidae), birds, shrews (Soricidae), 
raccoons (Procyon lotor), lizards (Lacertilia sp.), toads (Bufonidae), 
robber flies (Asilidae), ants (Formicidae), wasps (Chalcididae and 
Tiphiidae), bee flies (Bombylidae), and dragonflies (Anisoptera sp.) 
all prey on the Salt Creek tiger beetle (Lavigne 1972; Nagano 1982; 
Pearson 1988). A robber fly was observed preying on an adult Salt Creek 
tiger beetle it had caught in flight and pulled to the ground (Spomer 
and Higley 2001). Ants can overwhelm, kill, and devour larvae confined 
to their burrows (Spomer and Higley 2001). Larger species of tiger 
beetles (Cicindela circumpicta) have been known to prey on smaller-
sized tiger beetles (C. togata), especially those species that occupy 
similar habitats (Hoback et al. 2001). Both C. togata and C. 
circumpicta are found in the same habitats as the Salt Creek tiger 
beetle and both may prey upon it (Spomer and Higley 2001; Spomer et al. 
2004a). Parasitic wasps can sting the larvae, resulting in paralysis, 
and then lay eggs which hatch and feed on the larvae (Spomer and Higley 
2001). Bee flies hover over larval burrows and flip eggs into the 
entrances (S. Spomer, pers. comm. 2002). After the eggs hatch, the bee 
fly maggots attach themselves to the Salt Creek tiger beetle larvae and 
feed on them.
    Predators and parasites play important roles in the natural 
dynamics of populations and ecosystems. Predators and parasitoids of 
the Salt Creek tiger beetle evolved in conjunction with the beetle and 
do not normally pose a severe threat to the survival of the population. 
However, predation and parasitism of adults and larvae may account for 
significant mortality of the Salt Creek tiger beetle because of the 
small size of the remaining populations, limited distribution, reduced 
habitat, and close proximity of the two largest populations (L. Higley, 
pers. comm. 2002). Hoback et al. (2001) indicated that reduced saline 
habitats, coupled with a limited prey source, may result in greater 
predation by Cicindela circumpicta and C. togata on the Salt Creek 
tiger beetle. At this time, it is unknown whether predation and 
parasitism on the Salt Creek tiger beetle are a threat to its survival.

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D. Inadequacy of Existing Regulatory Mechanisms

Overview

    Federal, State, and local laws, regulations, and policies have not 
been sufficient to prevent past and ongoing losses of Salt Creek tiger 
beetle habitat. Existing regulatory mechanisms that provide minimal, 
but not adequate, protection for the Salt Creek tiger beetle include: 
federally-implemented regulatory mechanisms such as the NEPA and 
section 404 of the CWA; State-implemented regulatory mechanisms such as 
the Nebraska State Water Quality Standards (as required by section 401 
of the CWA) and NESCA; and local conservation planning efforts such as 
the Comprehensive Plan, the Little Salt Creek Valley Planning 
Cooperative Agreement co-sponsored by TNC, NGPC, and SWCP (a local 
conservation plan).

Federally Implemented Regulatory Mechanisms

    While NEPA and CWA are important environmental protection statutes, 
neither provides specific protection to non-listed species. The NEPA is 
a procedural statute that requires full consideration and disclosure of 
the environmental impacts of a project. It does not require protection 
of a particular species or its habitat, nor does it require the 
selection of a particular course of action.
    Under section 404 of the CWA, the COE does not regulate wetland 
drainage activities that do not result in a discharge of dredged or 
fill material into waters of the United States nor sediment inputs 
originating from upland sources. The effects of these activities could 
have substantial adverse impacts on saline wetlands and associated 
streams used by larval and adult forms of the Salt Creek tiger beetle. 
Additionally, the COE Regulatory Program in Nebraska has limited 
regulatory authority over the types of road and urban development 
projects that have already destroyed or further degraded over 90 
percent of the historical saline wetlands of eastern Nebraska (Murphy 
1992), which have led to a corresponding loss of Salt Creek tiger 
beetle habitat, including barren salt flats, saline stream edges, and 
seeps.
    The proposed rule (70 FR 5101; February 1, 2005) provided two 
examples of permitted activities and prescribed mitigation authorized 
by the COE under section 404 of the CWA, and the reader is referred to 
that rule for a detailed description of the examples. Our conclusion 
line is that, aside from the Arbor Lake area acquisition, the 
preservation and restoration of Category 1 saline wetlands as 
mitigation measures for permitted activities have provided minimal 
habitat benefits to the Salt Creek tiger beetle to date.
    A Supreme Court ruling in 2001 limited Federal authority under the 
CWA to regulate certain isolated wetlands (Solid Waste Agency of 
Northern Cook County vs. U.S. Army Corps of Engineers, 531 U.S. 159) 
(SWANCC). The proposed listing rule (70 FR 5101) discusses the SWANCC 
ruling in depth, as well as the consequences thereof for COE and 
Environmental Protection Agency (EPA) jurisdiction over wetlands. We 
refer the reader to that rule for additional details. In Nebraska, the 
COE does not regulate any wetland that is determined to be isolated 
unless it can be proven that there is some kind of commercial use 
(e.g., a public boat ramp on the wetland) aside from migratory bird use 
or a surface connection (COE 2001).
    Stream channelization and certain bank stabilization projects are 
regulated by the COE under section 404 of the CWA, but this regulatory 
mechanism has proven ineffective in preventing impacts to stream 
habitats used by the Salt Creek tiger beetle. As described above in 
Factor A, about half of the remaining habitat for the largest 
population of the Salt Creek tiger beetle was lost along Little Salt 
Creek after the completion of a COE-permitted stream bank stabilization 
and channelization project in 1992 (Spomer and Higley 1993; Farrar 
2003).
    Many of the saline wetlands that provide habitat for the Salt Creek 
tiger beetle are associated with the floodplain of adjacent streams. 
Stream channelization and bank stabilization projects conducted for 
flood control have caused channel incision and have necessitated 
additional bank stabilization projects further downstream or in feeder 
tributaries. Since the Salt Creek tiger beetle was listed as endangered 
by the State of Nebraska in 2000, the COE has considered the beetle in 
its evaluation of permits (M. Rabbe, COE, pers. comm. 2001). However, 
the COE evaluation has resulted in only limited benefits to the Salt 
Creek tiger beetle because construction activities in upland areas 
surrounding aquatic habitats are not within the COE's jurisdiction. 
Many projects qualify for a general permit (i.e., Nationwide Permit 13 
(bank stabilization)) that does not need to be individually reviewed by 
the COE. Further, some landowners attempt to avoid obtaining a 
Department of the Army permit and the associated Federal oversight, for 
example, by creating windrow piles of concrete riprap along the high 
bank of the stream in anticipation that, once the streambank erodes far 
enough landward, the riprap will fall in on its own and stabilize the 
bank. In such cases, the COE cannot exercise regulatory jurisdiction 
over windrowed riprap until there is a discharge below the ordinary 
high water mark, and even then, only if that discharge threatens the 
navigability of a stream or is prohibited for use as a fill material 
(COE Regulatory Guidance Letter MRO 96-11, June 17, 1997). Both 
regulated and unregulated bank stabilization activities have occurred 
on Little Salt Creek and have adversely affected Salt Creek tiger 
beetle habitat.

State Implemented Regulatory Mechanisms

    Under section 401 of the CWA, the NDEQ issues a Water Quality 
Certification whenever a Department of the Army permit is authorized by 
the COE; this Certification is also necessary to meet Nebraska State 
Water Quality Standards. The NE Water Quality Standards recognize all 
wetlands in the State as ``waters of the State,'' including isolated 
wetlands that are no longer under Federal jurisdiction as a result of 
SWANCC vs. U.S. Army Corps of Engineers. However, the State does not 
have a permit program for authorizing activities in wetlands, and NDEQ 
can only take action (i.e., an enforcement action) after an impact to a 
non-Federal isolated wetland occurs. After-the-fact enforcement actions 
under the Water Quality Standards are unlikely to offset adverse 
impacts that have already occurred to the Salt Creek tiger beetle in 
isolated saline wetlands, given their highly specific habitat 
requirements and low population numbers. Finally, the Water Quality 
Standards are not aligned with quantitative biological criteria, and 
thus projects may still have negative impacts on saline wetlands of 
eastern NE and associated streams that provide habitats needed to meet 
life requirements of both larval and adult Salt Creek tiger beetles.
    On March 17, 2000, the Salt Creek tiger beetle was listed as 
endangered under the NESCA by NGPC. The NESCA: (1) Prohibits the 
``take'' of State listed species (``take'' is defined as a means to 
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, 
or attempt to engage in such conduct); (2) authorizes State agencies to 
carry out programs for the conservation of State listed endangered and 
threatened species; (3) requires State agencies to take such actions 
necessary to ensure that actions authorized, funded, or carried out by 
the State do not jeopardize the continued existence of

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such State listed endangered or threatened species or result in the 
destruction or modification of habitat for such species; and (4) 
requires all State agencies to consult with NGPC to ensure that 
jeopardy is avoided. However, NESCA does not authorize NGPC to review 
Federal actions or to consult with Federal agencies for projects or 
activities that may affect State listed species such as the Salt Creek 
tiger beetle. In addition, although NESCA allows NGPC to identify 
critical habitat for State-listed species, regulations that would allow 
such designations to be implemented were never developed.

Local Conservation Planning

    In a joint effort to plan long-term development projects for 
Lincoln and Lancaster County, city and county officials approved a 
Comprehensive Plan. The approved Comprehensive Plan proposes that 
development not occur along the portions of Little Salt Creek north of 
Lincoln's city limits. As part of the Comprehensive Plan, Lincoln has 
placed a 150-m (500-ft) wide buffer around Little Salt Creek and its 
adjacent saline wetlands until a determination can be made through 
research on whether the buffer is needed to protect the Salt Creek 
tiger beetle. The buffer does not apply for development projects within 
the City limits, including areas around the Little Salt Creek--Arbor 
Lake and Little Salt Creek--Roper populations. The Comprehensive Plan 
is a helpful guide for the growth and development of Lincoln and 
Lancaster County but it provides no legal assurances and is not an 
enforceable regulatory mechanism.
    In 2000, TNC and NGPC organized the Little Salt Creek Valley 
Planning Cooperative agreement. The purpose of this cooperative 
agreement was to organize stakeholders, mainly private landowners, in 
the Little Salt Creek watershed into a coalition to preserve and 
protect eastern Nebraska saline wetlands and associated watershed 
streams in the northern third of Lancaster County. After 18 months of 
unsuccessful negotiations, this conservation effort was dissolved.
    In 2003, Lincoln, Lancaster County, the Lower Platte South Natural 
Resources District, TNC, and NGPC formed the SWCP. The SWCP (2003) 
developed a plan that focuses on the conservation of saline wetlands in 
Lancaster and Saunders Counties. Although not specifically focused on 
the protection and management of the Salt Creek tiger beetle, the 
SWCP's efforts will benefit the species. One of the strategies of the 
SWCP's plan is to protect saline wetlands using existing Federal, 
State, and local laws. Another strategy is to use existing grant 
programs to acquire saline wetlands either through simple fee title or 
conservation easements. To date, the SWCP has acquired five parcels of 
land containing saline wetlands. Due to the high value of land, and 
shortage of Federal, State, and local government agency funds, 
protection of Salt Creek tiger beetle habitat through acquisition is 
expected to be limited.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

Overview

    Local extinctions caused by habitat deterioration and stochastic 
weather events are not uncommon for species and subspecies, such as the 
Salt Creek tiger beetle, whose life histories are characterized by 
short generation time, small body size, high rates of population 
increase, and high habitat specificity (Murphy et al. 1990; Ruggerio et 
al. 1994). The remaining populations of the Salt Creek tiger beetle are 
highly susceptible to extinction as a result of naturally-occurring, 
stochastic, environmental, or demographic events because they occur at 
only three known locations, in small numbers, and in relatively close 
proximity to each other. Such events could include: (1) Heavy rain 
storms and severe flooding that drown and scour larvae away, dilute 
salinity, and result in sediment deposition; (2) accidental spillage of 
hazardous materials due to nearby, up-slope traffic accidents; or (3) 
runoff containing a recently applied insecticide flowing into habitats 
occupied by the Salt Creek tiger beetle along Little Salt Creek. Murphy 
et al. (1990) and Gilpin (1987) recognized a direct association between 
increased extinction rates of a species and reduced habitat areas, 
distances between populations, and small population size. The negative 
effects of habitat fragmentation and loss on the total number of 
individuals within a population include the Allee effect (the positive 
relationship between population density and the reproduction and 
survival of individuals) (Allee 1931, Keitt et al. 2001), the loss of 
genetic diversity (Lacy 1987), and increased mortality from 
catastrophic events (Murphy et al. 1990).
    Available information, including 2005 Salt Creek tiger beetle 
population surveys and a review of U.S. Geological Survey topographic 
maps showing the location of populations, indicates that 89 percent of 
the remaining Salt Creek tiger beetles are located within a 1.2-km 
(0.7-mi) radius of the Interstate 80 and North 27th Street, and, 
therefore are in an area of ongoing residential and commercial 
development. Based on the best available scientific information, we 
believe that further degradation or loss of suitable habitats and the 
resulting increased distance between areas of suitable habitat will 
further reduce the likelihood that Salt Creek tiger beetles will be 
able to move and recolonize other sites and establish additional 
populations. If so, as existing occupied habitats become smaller and 
smaller, existing populations of Salt Creek tiger beetles may be 
extirpated.

Floods and Droughts

    The extirpation of a local population of Salt Creek tiger beetles 
has already occurred due to a natural flood event. Although tiger 
beetle larvae are able to withstand submersion for prolonged periods 
(possibly up to 2 weeks) (Hoback et al. 1998; L. Higley, pers. comm. 
2001), flooding results in soil erosion of larval burrow sites and 
washes larvae downstream. Flooding also results in the deposition of 
sediments from adjacent agricultural lands into larval and adult 
habitats. In the mid-1980s, floodwaters carried large loads of sediment 
from adjacent cropfields and deposited then into the saline wetlands 
associated with Rock Creek in northern Lancaster and southern Saunders 
Counties (Spomer et al. 2004a; M. Fritz, pers. comm. 2003). This flood 
covered barren salt flats used by Salt Creek tiger beetles in the Jack 
Sinn WMA population. The mid-1980s flood resulted in the loss of Salt 
Creek tiger beetle larvae because of the depth of sediment deposited. 
The larvae were unable to remove the 8 to 10 cm (3 to 4 in.) of 
sediment deposited onto their burrows because they extract excess soil 
material out and away from their burrow, not inward (Spomer et al. 
2004a). The mid-1980s flood also changed the vegetation of the area. 
After the flood, a thick herbaceous overstory composed of reed 
canarygrass and cattail infested the area, making it unsuitable for the 
Salt Creek tiger beetle. In 1993, back-to-back 50-year rain events 
inundated the entire area, including the saline wetlands and habitat of 
the Jack Sinn WMA population (USDA 1996). Surveys of the Jack Sinn WMA 
population have found only two individuals since 1993, and no 
individuals since 1998. As previously mentioned, the Jack Sinn WMA 
population is considered to be extirpated.
    Extirpation of either the Little Salt Creek--Arbor Lake population 
or Little

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Salt Creek--Roper population, or both, is highly likely to occur if the 
Little Salt Creek drainage experiences an event similar to the 1993 
flood in the Rock Creek drainage. Flooding, even after a normal 
rainfall, is likely to occur at a higher frequency and volume due to 
the increased storm water runoff from developments and channelization 
of tributaries.
    Drought also may have impacted prey populations, leading to higher 
mortality rates of the Salt Creek tiger beetle (Spomer and Higley 2001; 
Ratcliffe and Spomer 2002). Dry conditions result in the loss of moist 
saline seep habitat used as larval, ovipositing, and foraging habitat 
by the Salt Creek tiger beetle. Drought also can change the abundance 
and diversity of prey items used by adult and larval Salt Creek tiger 
beetles (Allgeier et al. Nebraska, 2002 was the third driest year on 
record (115 years) (Nebraska's Climate Assessment and Response 
Committee 2003), and June 2002 was the driest month on record (UNL 
2003). June is the month when the Salt Creek tiger beetle is most 
active. Leon Higley (pers. comm. 2003), an expert on the Salt Creek 
tiger beetle, predicts that if the drought that Nebraska has 
experienced over the past couple of years continues, the number of 
individuals remaining in the Salt Creek tiger beetle populations will 
decline due to the lack of prey available to the beetle and its larvae.

Pesticides

    Corn, soybean, and sorghum fields dominate the Little Salt Creek 
watershed, and are potential sources of pesticide exposure to Salt 
Creek tiger beetles and their habitat. Insecticides that enter occupied 
habitats of the Salt Creek tiger beetle through runoff have the 
potential to directly impact the tiger beetle or indirectly impact 
through modification of prey availability. There have been no studies 
to evaluate pesticide exposure and adverse effects to Salt Creek tiger 
beetles. However, research on ground beetles (Carabidae) suggests 
pesticide exposure may place the Salt Creek tiger beetle at risk as a 
result of decreased survival and reproduction. This research was 
discussed in detail in the proposed rule (70 FR 5101; February 1, 
2005), and is summarized briefly here. In one study, dietary and 
topical exposure of ground beetles (Harpalus pennsylvanicus) to a 
carbamate insecticide (bediocarb) and a chloro-nicotinyl insecticide 
(imidacloprid) resulted in lethal and sublethal effects (Kunkel et al. 
2001). Bendiocarb and imidacloprid are used to control insects in corn 
(Extoxnet 1996). Other carbamate pesticides recommended for use in 
corn, soybean, and sorghum production in Nebraska include carbofuran, 
methomyl, thiodicarb, trimethacarb, and carbaryl (Wright et al. 1994; 
Hunt 2003). In a field experiment in England designed to study the 
effects of pesticides on nontarget invertebrates, researchers found 
that chlorpyrifos and fonofos (both organophosphate pesticides) 
affected the activity of ground beetles, and this effect seemed the 
result of direct toxicity rather than a depleted prey base (Luff et al. 
1990). Organophosphate and pyrethroid pesticides are used on corn, 
soybean, and sorghum crops in Nebraska include chlorpyrifos, malathion, 
methyl parathion, dimethoate, ethoprop, fonofos, phorate, terbufos, 
tefluthrin, tralomethrin, permethrin, esfenvalerate, cyfluthrin, zeta-
cypermethrin, and lambda-cyhalothrin (Wright et al. 1994; Hunt 2003).
    Salt Creek tiger beetles also may be susceptible and exposed to 
pesticides applied to control mosquitoes, grasshoppers, and pests in 
residential yards and gardens. Nagano (1982) reported an entire 
population of tiger beetles (Cicindela haemorrhagica and C. pusilla) in 
Washington State being eradicated by pesticides, while the 
disappearance of the tiger beetle C. marginata in New Hampshire was 
believed to be the result of insecticide spraying to control salt marsh 
mosquitoes (Dunn 1978, as cited by Nagano 1982). Insecticides applied 
to lawns and landscaping in residential and commercial developments 
near Little Salt Creek have the potential to enter the creek and impact 
the Salt Creek tiger beetle and its prey base. A local government has 
proposed for the last 2 years to apply pesticide for the control of 
mosquitoes along Little Salt Creek where the Little Salt Creek-Roper 
population exists. To date, given the concerns expressed by NGPC, 
pesticides have not been applied. However, we also note that some 
commenters on the proposed rule stated that they rarely use pesticides, 
especially insecticides. Additionally, they referred to the current 
existence of buffer strips along Little Salt Creek that may serve to 
limit any contamination problems from ground application of pesticides 
(but this will not limit aerially-applied pesticides).

Artificial Lights

    Artificial lights along streets and highways, particularly mercury 
vapor lamps, may contribute to population losses of the Salt Creek 
tiger beetle because such lights have been implicated in population 
losses of nocturnal insects elsewhere (Pyle et al. 1981). Adult tiger 
beetles of many species are attracted to lights at night, resulting in 
unnecessary and detrimental nocturnal dispersal (Pearson 1988). 
Larochelle (1977) documented 122 species and subspecies of Cicindelidae 
found at night light sources. Tiger beetle species attracted to light 
sources at night included C. togata, C. fulgida, and C. circumpicta 
(Willis 1970). The subspecies, C. n. knausii, the closest relative to 
the Salt Creek tiger beetle, also is attracted to artificial light 
sources at night (Willis 1970). Pearson (1988) reported that several 
specimens of C. trifasciata have been collected at night lights on off-
shore oil platforms in the Gulf of Mexico.
    Allgeier et al. (2003) found that female Salt Creek tiger beetles 
oviposit at night and that outdoor light sources may reduce 
reproduction. Fewer eggs may be deposited if artificial light sources 
draw females away from their breeding habitat (Allgeier et al. 2003). 
Allgeier et al. (2003) found that Salt Creek tiger beetles were 
attracted to artificial light in the following order of preference: (1) 
Black light; (2) mercury vapor; (3) incandescent; (4) fluorescent; and 
(5) sodium vapor. They recommended an 805-m (2,640-ft) or (0.8-km (0.5-
mi)) buffer zone to protect all existing Salt Creek tiger beetle 
populations from possible outdoor light attractant sources.
    Movement away from habitat to lighted areas, such as areas 
surrounding major transportation routes (e.g., Interstate 80) and 
associated developed areas, may increase energy expenditure, reduce 
reproductive success, and ultimately impact the survival of the Salt 
Creek tiger beetles in the two largest beetle populations, the Little 
Salt Creek--Roper and Little Salt Creek--Arbor Lake populations 
(Allgeier et al. 2004). Distances between outdoor light sources (within 
commercial and residential developments) and the Little Salt Creek--
Roper and Little Salt Creek--Arbor Lake populations are less than the 
800-m (3,000-ft) buffer recommended by Allgeier et al. (2003).
    Electric insect light traps are possibly a greater threat to the 
Salt Creek tiger beetle than lights illuminating urban streets, houses, 
parking lots, etc. These light traps use ultraviolet light to attract 
flying insects toward an electrified metal grid where they are 
destroyed (Frick and Tallamy 1996). Another type of trap that uses 
black light, a form of ultraviolet light, has a sticky paper backing 
where the insects are caught and die. Electric insect light traps have 
been used extensively since the mid-1900s for research and surveillance 
in

[[Page 58348]]

disease prevention, and control of indoor and outdoor insects in homes 
as well as in agricultural and industrial operations (Urban and Broce 
1999). Frick and Tallamy (1996) found 13,789 insects that were 
electrocuted by electric insect light traps at 6 sample sites. Of 
these, 6,670 insects (48 percent) were nontarget and nonharmful aquatic 
insects from nearby rivers and streams, and 1,868 of these insects (14 
percent) were predators and parasites of the targeted, harmful insects. 
Black-light or ultraviolet based insect traps could become an ever 
increasing threat as residential and commercial development continues 
to encroach upon the two largest populations of Salt Creek tiger 
beetles.

Conclusion of Status Evaluation

    In making this final rule determination, we carefully assessed the 
best scientific and commercial information available regarding past, 
present, and future threats to the Salt Creek tiger beetle. The 
immediate threats to the Salt Creek tiger beetle are associated with 
the extremely small, fluctuating populations, the number of which has 
declined by 50 percent since surveys began in 1991, and habitat 
degradation, destruction, and fragmentation. The Salt Creek tiger 
beetle is currently restricted to three populations on approximately 6 
ha (15 ac) of not highly degraded barren salt flats and saline stream 
edge habitats contained within the eastern Nebraska saline wetlands and 
associated saline streams (i.e., Little Salt Creek). Eighty-nine 
percent of all remaining Salt Creek tiger beetles are located 
approximately 1.6 km (1 mi) apart, making them especially susceptible 
to extirpation from a single catastrophic event. They also are located 
within a 1.2-km (0.7-mi) radius of the Interstate 80 and North 27th 
Street Interchange and the associated growth and development that is 
underway. Finally, the 2005 surveys found only 153 Salt Creek tiger 
beetles. Although observed tiger beetle populations have fluctuated 
over the period of visual surveys (1991-2005), the 2005 results are the 
third lowest count since 1991, and the lowest in the past 12 years. 
Since 2002, the total number of Salt Creek tiger beetles observed 
through visual surveys has declined by about 80 percent (i.e., from 777 
individuals in 2002 to 153 individuals in 2005). Despite the annual 
variation in numbers counted, Salt Creek tiger beetle populations are 
at or below minimum viable population sizes (i.e., 500 to 1,000 
individuals) and actual population sizes for other listed tiger beetle 
species (e.g., Northeastern beach and Puritan tiger beetles).
    As discussed in Factor A of the Summary of Factors Affecting the 
Species section of this rule, a number of urban and agricultural 
development projects threaten the Salt Creek tiger beetle with 
extinction. Ongoing residential and commercial developments may 
threaten all remaining populations of the Salt Creek tiger beetle with 
extirpation. These developments can cause changes to hydrologic 
regimes, resulting in freshwater inflows and sediment runoff, which in 
turn reduces salinity concentrations and encourages vegetation invasion 
into previously unvegetated saline habitats. Proposed projects, such as 
road expansions, also pose threats to the two largest remaining 
populations of the Salt Creek tiger beetle.
    Other immediate threats to the habitat of the Salt Creek tiger 
beetle are sediment erosion from adjacent agricultural fields and urban 
development construction sites; livestock grazing (trampling of larvae 
burrows); changes in saline stream morphology; and drainage of saline 
wetlands due to the incisement of associated streams.
    As discussed under Factor D, existing regulatory mechanisms have 
not proven to be adequate to deter habitat loss and population 
reductions of the Salt Creek tiger beetle, and this inadequacy serves 
as a contributing factor to the subspecies' endangered status.
    The Salt Creek tiger beetle also is vulnerable to chance 
environmental or demographic events (e.g., flood, drought, disease, and 
pesticides). As discussed in Factor E, extirpation of the Jack Sinn WMA 
population of Salt Creek tiger beetles occurred after such an event. 
The combination of the close proximity of the two largest populations, 
and restricted, specialized, and diminishing aquatic habitats, makes 
the Salt Creek tiger beetle highly susceptible to extinction across its 
entire range from any one chance environmental event.
    The fate of the Salt Creek tiger beetle likely depends upon the 
establishment of additional populations in suitable habitats at other 
locations through a captive rearing program so that random demographic 
events or environmental catastrophes are less likely to cause the 
extinction of the beetle. As the number of Salt Creek tiger beetle 
populations has declined to just three, and these are subject to 
numerous immediate, ongoing, and future threats as described above, we 
have determined that the Salt Creek tiger beetle is in danger of 
extinction throughout all of its range (section 3(6) of the Act) and, 
therefore, meets the Act's definition of endangered.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as--(i) The 
specific areas within the geographical area occupied by a species, at 
the time it is listed in accordance with the Act, on which are found 
those physical or biological features (I) essential to the conservation 
of the species, and (II) that may require special management 
considerations or protection, and (ii) specific areas outside the 
geographical area occupied by the species at the time it is listed in 
accordance with the provisions of section 4 of the Act, upon a 
determination by the Secretary of the Interior that such areas are 
essential for the conservation of the species. ``Conservation'' means 
the use of all methods and procedures needed to bring the species to 
the point at which listing under the Act is no longer necessary.
    Section 4(a)(3) of the Act and implementing regulations (50 CFR 
424.12) require that, to the maximum extent prudent and determinable, 
the Secretary of the Interior designate critical habitat at the time 
the species is determined to be endangered or threatened. The Service 
believes critical habitat for the Salt Creek tiger beetle is both 
prudent and determinable. However, because of the critically imperiled 
status of Salt Creek tiger beetle, limited financial and personnel 
resources available to work on this taxon, and the Service's belief 
that listing confers greater protection on a species than does critical 
habitat, we have assigned a higher priority to promptly publishing the 
final listing rule for Salt Creek tiger beetle than to proposing and 
designating critical habitat, as allowed pursuant to section 
4(b)(6)(C)(i). Funds have been budgeted for identification of critical 
habitat, and work on a proposed designation is underway. We plan to 
publish a proposed rule to designate critical habitat for Salt Creek 
tiger beetle in the near future.

Available Conservation Measures

    In anticipation of the Service's listing the Salt Creek tiger 
beetle under the Act, the NGPC notified us in a letter, dated February 
28, 2003, that it was planning to develop a Regional Habitat 
Conservation Plan (HCP) pursuant to section 10(a)(1)(B) of the Act for 
the Salt Creek tiger beetle. Letters of support to NGPC from the City 
of Lincoln, Lancaster County Board of

[[Page 58349]]

Commissioners, Lower Platte South Natural Resources District, Nebraska 
Department of Roads, UNL, and TNC were included as part of the HCP 
proposal. The NGPC identified the need for the Regional HCP to provide 
long-term protection of the Salt Creek tiger beetle and its habitats in 
the eastern Nebraska saline wetlands and associated streams and provide 
regulatory certainty for the citizens of Lancaster and Saunders 
Counties.
    Section 7(a) of the Act requires Federal agencies to evaluate their 
actions with respect to any species that is proposed or listed as 
endangered or threatened and with respect to its critical habitat, if 
designated. Regulations implementing this interagency cooperation 
provision of the Act are codified at 50 CFR part 402. Section 7(a)(4) 
requires Federal agencies to confer informally with us on any action 
that is likely to jeopardize the continued existence of a proposed 
species or result in destruction or adverse modification of proposed 
critical habitat. If a species is subsequently listed, section 7(a)(2) 
of the Act requires Federal agencies to ensure that activities they 
authorize, fund, or carry out are not likely to jeopardize the 
continued existence of such a species or to destroy or adversely modify 
its critical habitat. If a Federal action may affect a listed species 
or its critical habitat, the responsible Federal agency must enter into 
formal consultation with us.
    Federal agency actions that may affect the Salt Creek tiger beetle 
and may require consultation with the Service include, but are not 
limited to, those within the jurisdiction of the Service, COE, EPA, 
FHWA, Department of Housing and Urban Development (HUD), Federal 
Housing Administration (FHA), Federal Aviation Administration (FAA), 
Natural Resources Conservation Service (NRCS), and Farm Service Agency 
(FSA).
    Federal agencies expected to have regulatory involvement with the 
Salt Creek tiger beetle or its habitat include the COE and EPA, due to 
their permit and enforcement authority under section 404 of the CWA. In 
addition, EPA will be involved through provisions of section 402 of the 
CWA. The FHWA has authority and funding responsibilities for highway 
construction projects that could have impacts on habitat both formerly 
and presently occupied by the Salt Creek tiger beetle. HUD and the FHA 
may provide grants for urban development, in particular the 
installation of utilities. Planned locations of such utility 
installation and associated development will likely be affected by 
listing of the Salt Creek tiger beetle. The FAA has jurisdiction over 
the Lincoln Municipal Airport, an area formerly occupied by the Salt 
Creek tiger beetle that may still provide suitable habitat near Capitol 
Beach in northern Lincoln. The NRCS and FSA administer numerous 
programs under The Farm Security and Rural Investment Act of 2004 (2004 
Farm Bill). Although the majority of 2004 Farm Bill programs should 
have beneficial effects for the Salt Creek tiger beetle, certain 
conservation practices alter the hydrological regime of eastern 
Nebraska saline wetlands and associated stream habitats, and require a 
determination of potential effects on the Salt Creek tiger beetle.
    The Act sets forth a series of general prohibitions and exceptions 
that apply to all endangered wildlife species. The prohibitions make it 
illegal for any person subject to the jurisdiction of the United States 
to take, import or export, transport in interstate or foreign commerce 
in the course of commercial activity, or sell or offer for sale in 
interstate or foreign commerce any endangered species. Under section 
3(19) of the Act, the term ``take'' includes harass, harm, pursue, 
hunt, shoot, wound, kill, trap, capture, collect, or to attempt to 
engage in any such conduct. Pursuant to 50 CFR 17.3, the Service 
further defines ``harass'' as actions that create the likelihood of 
injury to listed species to such an extent as to significantly disrupt 
normal behavior patterns which include, but are not limited to, 
breeding, feeding, or sheltering. In addition, under this regulation, 
the Service defines ``harm'' to include significant habitat 
modification or destruction that results in the death or injury to 
listed species by significantly impairing behavior patterns such as 
breeding, feeding, or sheltering. It also is illegal to possess, sell, 
deliver, carry, transport, or ship any such wildlife that has been 
taken illegally. Certain exceptions apply to agents of the Service and 
State conservation agencies. Permits may be issued to carry out 
otherwise prohibited activities involving listed species. Such permits 
are available for scientific purposes pursuant to section 10(a)(1)(A) 
of the Act, to enhance the propagation or survival of the Salt Creek 
tiger beetle, or for incidental take in connection with otherwise 
lawful activities pursuant to section 10(a)(1)(B) of the Act.
    As published in the Federal Register on July 1, 1994, (59 FR 
34271), it is the Service's policy to identify, to the maximum extent 
practical at the time a species is listed, those activities that would 
or would not constitute a violation of section 9 of the Act. The intent 
of this policy is to increase public awareness of the effect of listing 
on proposed and ongoing activities within a species' range, and to 
assist the public in identifying measures needed to protect the 
species. For the Salt Creek tiger beetle, activities that we believe 
are unlikely to result in a violation of section 9, provided these 
activities are carried out in accordance with any existing regulations 
and permit requirements, include:
    (1) Possession, delivery, or movement, including interstate 
transport and import into or export from the United States, of dead 
Salt Creek tiger beetles that were collected prior to the date of 
publication of the proposed rule in the Federal Register (February 1, 
2005);
    (2) Any action authorized, funded, or carried out by a Federal 
agency that may affect the Salt Creek tiger beetle, when the action is 
conducted in accordance with the consultation requirements for listed 
species pursuant to section 7 of the Act;
    (3) Any action carried out for scientific research or to enhance 
the propagation or survival of the Salt Creek tiger beetle that is 
conducted in accordance with the conditions of a section 10(a)(1)(A) 
permit; and
    (4) Any incidental take of the Salt Creek tiger beetle resulting 
from an otherwise lawful activity conducted in accordance with the 
conditions of an incidental take permit issued under section 
10(a)(1)(B) of the Act.
    Activities involving the Salt Creek tiger beetle (including all of 
its metamorphic or life stages) that the Service believes likely would 
be considered a violation of section 9 include, but are not limited to:
    (1) Harassing, harming, pursuing, hunting, shooting, wounding, 
killing, trapping, capturing, or collecting, or attempting any of these 
activities, of the Salt Creek tiger beetle without a permit, except in 
accordance with applicable Federal and State fish and wildlife 
conservation laws and regulations;
    (2) Possessing, selling, delivering, carrying, transporting, or 
shipping illegally taken Salt Creek tiger beetles or any body part 
thereof;
    (3) Interstate and foreign commerce (commerce across State and 
international boundaries) and import/export (as discussed earlier in 
this section) without appropriate permits;
    (4) Use of pesticides/herbicides that results in take of the Salt 
Creek tiger beetle;
    (5) Release of biological control agents that take any life stage 
of this taxon;
    (6) Discharges or dumping of toxic chemicals, silts, or other 
pollutants into,

[[Page 58350]]

or other alteration of the quality of, waters supporting Salt Creek 
tiger beetles that results in take of the subspecies; and
    (7) Activities (e.g., land leveling/clearing; grading; discing; 
soil compaction; soil removal; dredging; excavation; deposition of 
dredged or fill material; erosion and deposition of sediment/soil; 
stream alteration or channelization; stream bank stabilization; 
alteration of stream or wetland hydrology and chemistry; grazing or 
trampling by livestock; minerals extraction or processing; residential, 
commercial, or industrial developments; utilities development; off-road 
vehicle use; road construction; or water development and impoundment) 
that take eggs, larvae, sub-adult, or adult Salt Creek tiger beetles, 
or modify Salt Creek tiger beetle habitat in such a way that take Salt 
Creek tiger beetles by adversely affecting their essential behavioral 
patterns including breeding, foraging, sheltering, or other life 
functions. Otherwise lawful activities that incidentally take Salt 
Creek tiger beetles, but have no Federal nexus, will require a permit 
under section 10(a)(1)(B) of the Act.
    Questions regarding whether specific activities will constitute a 
violation of section 9 should be directed to the Field Supervisor of 
the Nebraska Ecological Services Field Office (see ADDRESSES).
    We may issue permits to carry out otherwise prohibited activities 
involving endangered wildlife species under certain circumstances. 
Regulations governing permits are at 50 CFR 17.22. For endangered 
species, you may obtain permits for scientific purposes, to enhance the 
propagation or survival of the species, and for incidental take in 
connection with otherwise lawful activities. You may request copies of 
the regulations regarding listed wildlife from, and address questions 
about prohibitions and permits to, the U.S. Fish and Wildlife Service, 
Ecological Services, Endangered Species Permits, P.O. Box 25486, Denver 
Federal Center, Denver, Colorado 80225-0486 (telephone (303) 236-7400; 
facsimile (303) 236-0027).

National Environmental Policy Act

    We have determined that an environmental assessment and 
environmental impact statement, as defined under the authority of NEPA, 
need not be prepared in connection with regulations adopted pursuant to 
section 4(a) of the Act, as amended. We published a notice outlining 
our reasons for this determination in the Federal Register on October 
25, 1983 (48 FR 49244).

Paperwork Reduction Act

    This rule does not contain any new collections of information other 
than those already approved under the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.) and assigned Office of Management and Budget 
clearance number 1018-0094, which expires on September 30, 2007. An 
agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a currently 
valid control number. For additional information concerning permit and 
associated requirements for endangered species, see 50 CFR 17.21 and 
17.22.

References Cited

    A complete list of references cited in this rule is available upon 
request from the Field Supervisor, U.S. Fish and Wildlife Service, 
Nebraska Ecological Services Field Office (see ADDRESSES).

Authors

    The primary authors of this final rule are John Cochnar and Robert 
Harms, U.S. Fish and Wildlife Service, Nebraska Ecological Services 
Field Office (see ADDRESSES).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulation Promulgation

0
Accordingly, we amend part 17, subchapter B of chapter I, title 50 of 
the Code of Federal Regulations, as follows:

PART 17--[AMENDED]

0
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.

0
2. In Sec.  17.11(h), add an entry for ``Beetle, Salt Creek tiger,'' in 
alphabetical order under INSECTS, to the List of Endangered and 
Threatened Wildlife:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                    Vertebrate
--------------------------------------------------------                        population where                                  Critical     Special
                                                            Historic range       endangered or         Status      When listed    habitat       rules
           Common name                Scientific name                              threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
             Insects
 
                                                                      * * * * * * *
Beetle, Salt Creek tiger           Cicindela nevadica    U.S.A. (NE)........  Entire.............  E                       754           NA           NA
                                    lincolniana.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------



[[Page 58351]]

    Dated: September 29, 2005.
Matt Hogan,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 05-20049 Filed 10-5-05; 8:45 am]
BILLING CODE 4310-55-P