Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 58335 

PART 80—REGULATION OF FUELS 

AND FUEL ADDITIVES 

■ 1. The authority citation for part 80 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7545, and 

7601(a). 

■ 2. Section 80.855 is amended by 

removing and reserving paragraph (b)(2) 

and revising paragraphs (b)(1)(i) and 

(b)(1)(ii) to read as follows: 

§ 80.855 What is the compliance baseline 

for refineries or importers with insufficient 

data? 

* * * * * 

(b)(1) * * * 

(i) For conventional gasoline, prior to 

January 1, 2006, 94.64 mg/mile; starting 

January 1, 2006, 97.38 mg/mile. 

(ii) For reformulated gasoline, prior to 

January 1, 2006, 25.31 percent reduction 

from statutory baseline; starting January 

1, 2006, 26.78 percent reduction from 

statutory baseline. 

(2) [Reserved] 

* * * * * 

[FR Doc. 05–20109 Filed 10–5–05; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 ‘‘tigerlike’’ 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 

58336 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 

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 

Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 58337 

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 

58338 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 

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. 

Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 58339 

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 humaninduced 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 

58340 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 

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 cosponsored 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 

Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 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 

58342 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 

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 coinhabitants 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 

Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 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). 

58344 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 

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. Captiverearing of Salt Creek tiger beetle larvae 

for introduction into suitable saline 

habitats is underway through Serviceand 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. 

Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 58345 

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 

58346 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 

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, upslope 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 

Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 58347 

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 mid1900s for research and surveillance in 

58348 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 

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). Eightynine 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 

Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 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 longterm 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, 

58350 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 

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 

■ Accordingly, we amend part 17, 

subchapter B of chapter I, title 50 of the 

Code of Federal Regulations, as follows: 

PART 17—[AMENDED] 

■ 1. The authority citation for part 17 

continues to read as follows: 

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

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

625, 100 Stat. 3500; unless otherwise noted. 

■ 2. In § 17.11(h), add an entry for 

‘‘Beetle, Salt Creek tiger,’’ in 

alphabetical order under INSECTS, to 

the List of Endangered and Threatened 

Wildlife: 

§ 17.11 Endangered and threatened 

wildlife. 

* * * * * 

(h) * * * 

Species 

Historic range 

Vertebrate population where endangered or threatened 

Status When listed Critical 

habitat 

Special 

rules Common name Scientific name 

* * * * * * * 

INSECTS

* * * * * * * 

Beetle, Salt Creek 

tiger 

Cicindela nevadica 

lincolniana.

U.S.A. (NE) ............. Entire ...................... E 754 NA NA 

* * * * * * * 

Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 040804229–4300–02; I.D. 

100305A] 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Multispecies Fishery; Closure of the 

Regular B Days-at-Sea Pilot Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

NMFS announces that 1,000 Regular 

Days-at-Sea (DAS) have been used 

under the Regular B DAS Pilot Program. 

Therefore, all Northeast (NE) 

multispecies DAS vessels are prohibited 

from using Regular B DAS under the 

Regular B DAS Pilot Program through 

the end of the current calendar quarter 

on October 31, 2005. The intended 

effect of this action is to prevent the 

quarterly DAS use limit of 1,000 Regular 

B DAS for this program from being 

exceeded. 

DATES: Effective 0001 hr local time, 

October 6, 2005, through October 31, 

2005. (See requirements under 

SUPPLEMENTARY INFORMATION for 

additional details). 

FOR FURTHER INFORMATION CONTACT: 

Mark Grant, Fishery Management 

Specialist, phone (978) 281–9145, fax 

(978) 281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the Regular B 

DAS Pilot Program are found at 50 CFR 

648.85(b)(6). These regulations 

authorize vessels issued a valid limited 

access NE multispecies DAS permit and 

allocated Regular B DAS, including 

vessels also issued a limited access 

monkfish Category C or D permit, to use 

a NE multispecies Regular B DAS 

throughout the NE multispecies 

regulated mesh areas outside of 

approved Special Access Programs 

under the conditions of the Regular B 

DAS Pilot Program. A total of 1,000 

Regular B DAS may be used in this 

program during each calendar quarter. 

According to the regulations at 

§ 648.85(b)(6)(iv)(H), once 1,000 Regular 

B DAS have been used during the 

calendar quarter, the use of Regular B 

DAS shall be prohibited for the duration 

of the current quarter. The Regular B 

DAS Pilot Program expires, and the 

current calendar quarter ends, on 

October 31, 2005. 

Based upon available information, the 

Regional Administrator has determined 

that 1,000 Regular B DAS will be used 

by October 6, 2005. Therefore, effective 

October 6, 2005, the use of Regular B 

DAS under the Regular B DAS Pilot 

Program is prohibited through the end 

of the current calendar quarter and the 

expiration of the Regular B DAS Pilot 

Program on October 31, 2005. A NE 

multispecies DAS vessel that has 

already declared its intent to fish in the 

Georges Bank Cod Stock Area under the 

Regular B DAS Pilot Program through 

VMS, departed on a trip, and crossed 

the VMS demarcation line prior to the 

effective date of this action (i.e. October 

6, 2005) must either complete its trip 

under a Regular B DAS by crossing the 

vessel monitoring system (VMS) 

demarcation line on its return to port, or 

flip to fishing under a Category A DAS, 

before 0000 hours local time on October 

6, 2005. This is the final quarter of the 

Regular B DAS Program; therefore, NE 

multispecies vessels are no longer 

authorized to fish under the B DAS Pilot 

Program unless otherwise notified by 

the Regional Administrator. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), the 

Assistant Administrator finds good 

cause to waive prior notice and 

opportunity for public comment for this 

action because any delay of this action 

would be impracticable and contrary to 

the public interest. The regulations at 

§ 648.85(b)(6)(iv)(H) require the 

Regional Administrator to prohibit the 

use of Regular B DAS under the Regular 

B DAS Pilot Program for the remainder 

of the current quarter once 1,000 

Regular B DAS have been used under 

the Regular B DAS Pilot Program. 

Accordingly, the action being taken by 

this temporary rule is non-discretionary. 

This action prohibits the use of Regular 

B DAS for the remainder of the current 

quarter (i.e., through October 31, 2005) 

to prevent the quarterly DAS use limit 

of 1,000 Regular B DAS for this program 

from being exceeded. The possibility of 

this closure was contemplated by 

Framework 40-A and commented on by 

the public. It is not practicable to allow 

for additional public comment or a 

delayed effectiveness because of the 

need to take immediate action as soon 

as the data are available indicating that 

1,000 Regular B DAS have been used. 

Information regarding Regulare B DAS 

use in this program only recently 

indicated an increased rate of DAS use 

in this program. As a result, there has 

been insufficient time to provide prior 

notice and opportunity for public 

comment on this action. If 

implementation of this action is 

delayed, NMFS would be prevented 

from carrying out its function of 

preventing the quarterly limit on 

Regular B DAS use from being 

exceeded, thereby increasing the harvest 

of stocks of concern under the Regular 

B DAS Pilot Program. Opportunity for 

public comment would allow the use of 

Regular B DAS and, therefore, the 

harvest of stocks of concern to continue 

during this quarter, resulting in the 

likelihood of exceeding the quarterly 

DAS limit and the incidental catch 

TACs for stocks of concern. Exceeding 

the quarterly TAC for these species 

increases the chance that such 

additional mortality could further delay 

the rebuilding of these overfished 

stocks. Exceeding the mortality targets 

for these species could potentially lead 

to further effort restrictions in the future 

and, therefore, further negative 

economic impacts to the fishing 

industry. Thus, any delay caused by 

further opportunity for public comment 

would be impracticable and contrary to 

the public interest. For the above 

reasons, under 5 U.S.C. 553(b)(3), 

proposed rulemaking is waived because 

it would be impracticable and contrary 

to the public interest. 

For the same reasons, the Assistant 

Administrator finds good cause, 

pursuant to 5 U.S.C. 553(d)(3), to waive 

the entire 30–day delayed effectiveness 

period for this action. The effect of this 

waiver is mitigated to some degree 

because the public is able to obtain 

information from the NMFS Northeast 

Regional Office website at http:// 

www.nero.noaa.gov which provides 

catch information indicating the need 

for this action. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: October 3, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–20132 Filed 10–3–05; 3:18 pm] 

BILLING CODE 3510–22–S