Endangered and Threatened Wildlife and Plants; 12-Month Finding for a Petition To List the Say's Spiketail Dragonfly as Endangered

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife and Plants; 12-Month Finding

for a Petition To List the Say's Spiketail Dragonfly as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 12-month petition finding.

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SUMMARY: The Fish and Wildlife Service (Service) announces a 12-month

finding for a petition to list the Say's spiketail dragonfly

(Cordulegaster sayi) under the Endangered Species Act of 1973, as

amended. After review of all available scientific and commercial

information, the Service finds that listing this species is not

warranted.

DATES: The finding announced in this document was made on June 20,

1995.

ADDRESSES: Comments or questions concerning this petition should be

sent to the Field Supervisor, U.S. Fish and Wildlife Service, 6620

Southpoint Drive South, Suite 310, Jacksonville, Florida 32216. The

petition, finding, supporting data, and comments are available for

public inspection, by appointment, during normal business hours at the

above address.

FOR FURTHER INFORMATION CONTACT: Dr. Michael M. Bentzien, Assistant

Field Supervisor, at the above address (904/232-2580).

SUPPLEMENTARY INFORMATION:

Background

Section 4(b)(3)(B) of the Endangered Species Act of 1973, as

amended (16 U.S.C. 1531 et seq.), requires that, for any petition to

revise the Lists of Endangered and Threatened Wildlife and Plants that

contains substantial scientific or commercial information, the Service

make a finding within 12 months of the date of receipt of the petition

on whether the petitioned action is (a) not warranted, (b) warranted,

or (c) warranted but precluded from immediate proposal by other pending

proposals of higher priority. Section 4(b)(3)(C) of the Act requires

that petitions for which the requested action is found to be warranted

but precluded should be treated as though resubmitted on the date of

such finding, i.e., requiring a subsequent finding to be made within 12

months. Such 12-month findings shall be published promptly in the

Federal Register.

On February 15, 1994, the Service received a petition dated January

13, 1994, from Ms. Nancy Fraser Williams on behalf of the Rock Creek

Owners' Association, Gainesville, Florida, to list the Say's spiketail

dragonfly (Cordulegaster sayi) as endangered. A 90-day finding was made

by the Service that the petition presented substantial information

indicating that the requested action may be warranted. The 90-day

finding was announced in the Federal Register on October 26, 1994 (59

FR 53776). The finding also announced the Service's formal review of

the species' status and solicited information and public comment

regarding population trends, biological vulnerability, and threats to

this species. Comments and information received by December 27, 1994,

were considered in the 12-month finding.

On the basis of the best available scientific and commercial

information, the Service finds that listing the Say's spiketail

dragonfly is not warranted at the present time.

The earliest description of this dragonfly was made by Selys (1854)

from a British Museum specimen taken in Georgia. Westfall (1953)

reported three males collected at Lake City in 1896 and 1897 as the

first specimens from Florida. Westfall and Johnson (unpublished)

attributed additional state records to misidentifications with

congeneric species. Their review demonstrated that the only known

specimens of Cordulegaster sayi in existence were collected from eight

specific historic sites in either Georgia or Florida. The current range

includes central Georgia to northern and western Florida. Rock Creek is

the best described and most productive of the eight historic sites.

Sites on public land include Gordonia-Altamaha State Park in Georgia;

Gold Head Branch and Torreya State Parks, San Felasco Hammock State

Preserve, and Blackwater River State Forest in Florida. Besides Rock

Creek, private land sites include Lake City, Columbia County, and Camp

Crystal Lake, Clay County, Florida. Approximately a dozen specimens

have been collected from these other sites. The most recent collections

were made in 1994 from Blackwater River State Forest. Kroetzer and

Kroetzer (unpublished) collected a specimen from Conecuh National

Forest in Alabama in 1994 which has characteristics of both

Cordulegaster sayi and its congener C. bilineata.

Say's spiketail dragonfly is associated with trickling hillside

seepages in deciduous forests (Dunkle 1989). Adults have been collected

from late February through late April in open areas within about a half

mile of seepage breeding sites (Westfall and Mauffray 1994). Westfall

(pers. comm. 1994) collected larvae of various instars from seepage

pools and beneath wet leaves within and on the border of the seepage

streamlets. Larval collections indicate that the species has a multi-

year life cycle (Westfall and Mauffray 1994, Mauffray in litt. 1994).

Two seepages modified by development of the Rock Creek subdivision

are the only known adverse habitat changes at this site (Mauffray in

litt. 1994). Despite these modifications, Mauffray (Westfall and

Mauffray 1994) discovered a sizable population in 1992. The collection

of larvae from flooded seeps in 1993 (Westfall and Mauffray 1994)

following two successive flood events did not support Mauffray's belief

(in litt. 1994) that unflooded seeps are needed as dragonfly refugia

for population survival. An observed increase in adult numbers from

1993 to 1994 would also not have been predicted following two

consecutive annual floods. The observed fluctuations in adult numbers

before and after surrounding land development may therefore be more a

function of asynchronous emergence due to the species' presumed multi-

year life cycle rather than an adverse response to flooding. Concerns

for seepage damage by cattle (Daigle in litt. 1985) and pedestrians and

vehicles (V. Compton, Blackwater Forestry Resource Administrator, pers.

comm. 1994) in Blackwater River State Forest are the only other known

instances rangewide of possible habitat impacts. Despite these

observations, two adults were collected in 1994 in the vicinity of the

historic collection site (J. Daigle, Florida Department of

Environmental Protection, pers. comm., 1994)

Between 1970 and 1994, Mauffray (in litt. 1994) conservatively

estimated that collecting had removed over 140 adult specimens from

Rock Creek. This level

[[Page 36381]]

of collecting was related to the sites's uniqueness and accessibility.

Despite this collecting pressure, the population persisted. The

species' short flight season, variable emergence, lack of collection

pressure on larvae, and increased conservation awareness probably

mitigated serious collecting impacts.

Neither the city of Gainesville, Florida, nor Alachua County have

local ordinances which mandate special local protection for the

dragonfly or the habitat at Rock Creek (M. Drummond, Alachua County

Environmental Protection Department, pers. comm.). Both Florida and

Georgia have statutes intended to provide special protection and

conservation measures for species designated according to specific

criteria within the respective state laws. Say's spiketail dragonfly

currently has no special designation in either state.

Agencies administering and managing parks and preserves in both

states prohibit the removal of non-exempt fauna and flora from lands

entrusted to them without prior written permission from the authorized

representative (B. Wert in litt. 1995, D. Bryan in litt. 1995). The

same requirement applies to the Florida state forest system (V.

Compton, pers. comm.).

The current status and condition of the Lake City collection site

is unknown since the collections were made nearly 100 years ago and

exact locations were not specified. The Camp Crystal Lake site consists

of open fields and three ravines administered respectively by the

Alachua County School Board and the city of Keystone Heights Airport

Authority. Both areas have controlled access. Leases provided to Camp

Crystal Lake and Keystone Heights Sportsmen's Club by the Airport

Authority which permit ravine access also prohibit property destruction

or alteration as well as the removal of any plants or animals other

than specified game animals without prior permission from the lessor

(G. Reid, Keystone Heights, Airport Authority, pers. comm., 1994). An

Airport Authority property manager patrols the areas three days a week.

Although existing regulatory mechanisms do not protect all Say's

spiketail habitat, available information indicates that some protection

is being afforded on public lands.

The Clean Water Act (section 404) is the primary federal law that

provides some protection of aquatic habitats determined by the U.S.

Army Corps of Engineers to be jurisdictional wetlands. These laws

provide no protection against modification or development of upland

habitats adjacent to the seepage breeding sites.

Where habitat of this species occurs on other Federal lands,

including but not limited to the Forest Service, Park Service and

Department of Defense, each agency's standard natural resource and

wildlife protection guidance are implemented.

Mauffray (in litt. 1994) expressed concern for the Rock Creek

population's survival from other man-made and natural factors such as

insecticides, fertilizers from adjacent turf and landscape areas, fire,

and drought. The Service acknowledges that man-made drains traversing

the Rock Creek riparian corridor could serve as conduits for limited

point and non-point source pollution within breeding sites. Mosquito

spraying also may impact adult dragonflies and chemicals reaching

breeding sites from sheet flow of surface and subsurface waters

likewise may impact larvae. Information which substantiates these

impacts, however, was not found. The dragonfly's apparent semi-aquatic

larval stage should help it survive periods of low water. The Service

considers the probable impacts from fire low because of the habitat's

relative resistance to burning. The potential impact of agriculture and

silviculture on habitat rangewide is unknown.

The distance separating known collection sites suggests that gene

flow among populations of this habitat specialist was historically

restricted. The adults' presumed short flight range further restricts

potential exchange of genetic material. Although impacts to the Rock

Creek deme (local populations with little or no outbreeding) might

result in some loss of genetic diversity from the species genome, it

would have little or no significance to the genetic fitness of other

demes.

The Service believes that the floodwater retention project, if

implemented, would not result in the extirpation of the Rock Creek

population. An analysis of historic population fluctuations and

Westfall and Mauffray's 1993 Rock Creek study does not support their

contention that additional flooding would severely impact this

dragonfly. Other factors such as chemicals, fire, and drought were

assessed for cumulative impacts. Some impact might be expected if the

factors occurred close enough in time to affect multiple life stages or

generations. The Service's position is that the factors are either not

factually supported and/or that the probability for their close

temporal occurrence resulting in cumulative impacts is very low. The

petitioner's concern for imminent impact to the population from the

proposed project has been eliminated since Gainesville has placed the

project on hold for an estimated three to five years while it updates

its planimetric database (G. Pearson, City Engineer, Public Works

Department, pers. comm.).

Seven of the eight historic collection sites remain intact and six

receive some protection and management. Adults were recently collected

at one of these sites and suitable habitat also exists at other as yet

unsurveyed sites. The Service therefore concludes that the probability

of finding other reproducing populations rangewide is high. The Service

has funded a systematic survey of historic sites and other public lands

in portions of Florida, Georgia, and Alabama. The survey hopes to

better delineate the species' range and distribution. A single specimen

representing a new site has since been collected at Camp Blanding

National Guard Military Reservation in Clay County, Florida.

On the basis of the best available scientific and commercial

information, the Service finds that listing Say's spiketail dragonfly

as endangered is not warranted at the present time because the taxon

presently is not in danger of extinction or likely to become so in the

foreseeable future. The species will continue to be retained in

category 2 at least until the results of the current status survey have

been assessed. Category 2 candidates are those for which information

now in the possession of the Service indicates that proposing to list

as endangered or threatened is possibly appropriate, but for which

conclusive data on biological vulnerability and threat are not

currently available to support proposed rules. In addition, the status

of the proposed floodwater retention project will be monitored as will

the Rock Creek population. The condition of new and other existing

populations will be evaluated and pre-listing conservation actions

instituted, where feasible, to further protect and restore this species

and its habitat. The Service will continue to seek additional

information about population trends, biological vulnerability and

threats to this species. If additional information becomes available in

the future indicating that listing as endangered or threatened is

appropriate, the Service may reassess the listing priority for this

species.

References

A complete list of references used in the preparation of this

finding is available upon request from the Jacksonville Field Office

(see ADDRESSES section).

[[Page 36382]]

Author: The primary author of this document is Mr. John F. Milio

(see ADDRESSES section).

Authority

The authority for this action is the Endangered Species Act of

1973, as amended (16 U.S.C. 1531 et seq.).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, Transportation.

Dated: June 20, 1995.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 95-17386 Filed 7-14-95; 8:45 am]

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