Notice of an Interagency Agreement for the Conservation of the Coral Pink Sand Dunes Tiger Beetle

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Notice of an Interagency Agreement for the Conservation of the

Coral Pink Sand Dunes Tiger Beetle

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of conservation agreement and document availability.

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SUMMARY: The Fish and Wildlife Service (Service) announces agreement

between the Utah Division of Parks and Recreation (Division); the U.S.

Bureau of Land Management (BLM); the Kane County, Utah Commission; and

the Service to the provisions of a conservation agreement and strategy

to provide for the conservation of the Coral Pink Sand Dunes tiger

beetle. The Service also announces the availability of the document

containing that conservation agreement/strategy: Conservation Agreement

and Strategy for the Coral Pink Sand Dunes Tiger Beetle (Cicindela

limbata albissima) (Conservation Agreement). This species is currently

a candidate for listing as endangered or threatened under the

provisions of the Endangered Species Act of 1973, as amended (Act). The

agreement focuses on identifying, reducing and eliminating significant

threats to the tiger beetle that warrant its candidate status, and

enhancing and maintaining the species population and habitat to ensure

its long term conservation.

DATES: Parties to the Coral Pink Sand Dunes Tiger Beetle Conservation

agreed to and signed the agreement on April 18, 1997.

ADDRESSES: Persons wishing to review the Conservation Agreement/

Strategy may obtain a copy by contacting the Assistant Field

Supervisor, U.S. Fish and Wildlife Service, Lincoln Plaza, Suite 404,

145 East 1300 South, Salt Lake City, Utah 84115. Comments and materials

received and information used in developing this agreement are

available on request for public inspection, by appointment, during

normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Mr. Robert D. Williams, Assistant

Field Supervisor (see ADDRESSES section) (telephone 801/524-5001).

SUPPLEMENTARY INFORMATION:

Background

The Coral Pink Sand Dunes (CPSD) tiger beetle (Cicindela limbata

albissima) is a terrestrial, predaceous insect in the family

Cicindelidae. The beetle occurs only at the Coral Pink Sand Dunes. The

Coral Pink Sand Dunes comprise a dune field about 8 miles long and a

little less than 1 mile wide. These dunes are located in Kane County

about 7 miles west of Kanab, Utah. The southern portion of the Coral

Pink Sand Dunes is within the State of Utah's Coral Pink Sand Dunes

State Park, managed by the Division. The northern portion of the Dunes

is on public land managed by the BLM, Kanab Resource Area. The BLM's

portion of the Coral Pink Sand Dunes is within the Moquith Mountain

Wilderness Study Area.

Previous Federal Action

The CPSD tiger beetle is currently a candidate species for listing

under the provisions of the Act in the Service's most recent Notice of

Review, February 28, 1996 (61 FR 7596). On April 19, 1994, the Southern

Utah Wilderness Alliance petitioned the Service to list CPSD tiger

beetle and designate critical habitat. On September 8, 1994, the

Director of the Service approved the 90-day petition finding as

providing substantive information that the species' listing may be

warranted (59 FR 47293). On November 25, 1996, the Service published a

Notice in the Federal Register (61 FR 59889) announcing the

availability of the draft conservation agreement for public comment.

Public hearings were, also, announced and held in: Kanab, Utah on

December 4, 1996; in St. George, Utah on December 5, 1996; and in Salt

Lake City, Utah on December 10, 1996. The Service published a notice

inviting public comment on the draft conservation agreement in the

following newspapers: Salt Lake Tribune/Deseret News, Southern Utah

News (Kanab, Utah), St. George Daily Spectrum, and Las Vegas Review

Journal/Las Vegas Sun. The announced comment period ended January 24,

1997.

Summary of Comments and Recommendations

During the comment period, the Service received both written and

oral comments from 111 parties, including testimony presented at the

public hearings. All comments received were from private individuals or

groups. Written and oral comments from both the public hearing and the

comment period are combined in the following discussion. Comments

questioning the conservation agreement are organized into specific

issues. These issues and joint response of the Service, BLM, and the

Division to each are summarized as follows:

Issue 1: the Service and the BLM lack authority to enter into and

implement conservation agreements under authority of the Act without

first listing the species pursuant to section 4 of the Act.

Response: Section 2(b) of the Act declares the intent of the Act is

to ``* * * provide as means whereby the ecosystems upon which

endangered and threatened species depend may be conserved * * *'' and

section 2(c)1 ``* * * all Federal departments and agencies shall seek

to conserve endangered species and threatened species * * *''. Section

3(17) of the Act directs the Secretary of the Interior (through the

Fish and Wildlife Service) to ``* * * establish a program to conserve

fish and wildlife and plants * * *'' Nothing in the Act precludes the

Service from proactive measures to provide early conservation to

endangered or threatened species. The Service has in several instances

developed conservation agreements with other parties responsible for

the management of the habitat of those species. The conservation

agreement approach enables land managing agencies such as the BLM and

the Division, to use their authorities to implement conservation

programs that have the potential to conserve and recover species that

are tending toward endangerment. The BLM has broad authority under

sections 201, 203, and 307 of the Federal Land Management Policy Act to

plan for and manage ecosystems on lands under its jurisdiction. The

conservation agreement and strategy has been clarified to more

accurately reflect this information.

Issue 2: The Utah Division of Parks and Recreation lacks authority

to enter into and implement conservation agreements under the authority

of the Utah Off-Highway Vehicle Act (OHV).

Response: The Division has the authority to enter into and

implement conservation agreements within both the Utah Off-Highway

Vehicle Act, Utah Code Annotated (UCA) 41-22-1 and UCA 63-11-19 that

authorize the Division to enter into contracts and agreements with the

government of the United States. Additional discussion of the

Division's authority has been added to the conservation agreement.

Issue 3: The draft agreement requires independent National

Environmental Policy Act (NEPA) compliance. The agreement is not

consistent with a similar BLM effort in Idaho.

Response: The Conservation Agreement and Strategy is being

developed for planning purposes. Before any on-the-ground actions can

occur on

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BLM administrated lands, a determination must be made whether or not

the Conservation Agreement and Strategy is consistent with BLM's

Vermillion Land Use Plan and whether or not additional NEPA analysis is

required. If the Conservation agreement is not consistent with the plan

then it must be incorporated into the plan through an amendment

process. NEPA compliance in the form of an environmental assessment

would accompany this amendment. As a result of conversations (pers.

comm. Ronald Bolander, Bureau of Land Management, Salt Lake City, Utah,

1997) with Idaho BLM personnel, Utah BLM has determined that this

process is consistent with a similar action involving another species

of tiger beetle that occurs in that State. The Conservation Agreement

has been clarified to more accurately reflect this information.

Comment 4: Is this decision subject to administrative appeal and in

what manner may affected parties pursue their appeal rights.

Response: Protest and appeal rights come at the point of decision

following application of NEPA. In this situation the right to protest

to the BLM Director would be initiated by a decision record for a land

use plan amendment. If it is determined that the Conservation Agreement

and Strategy is not consistent with the existing land use plan the

right to appeal a decision to the Interior Board of Land Appeals would

begin with the signing of a Decision Record for an on-the-ground action

following the preparation of an Environmental Assessment with or

without an accompanying plan amendment. The procedures for plan

amendments, preparation of NEPA documents and protests and appeals are

detailed in BLM's 1610 and 1792 Manuals and in 43 CFR Part 4.

Comment 5: Analysis of applicable BLM planning regulations prevents

implementation of the draft agreement * * * the BLM managed lands lie

within the Moquith Mountain Wilderness Study Area * * * The interim

Wilderness Study Area policy precludes implementation of the proposed

activity by BLM.

Repsonse: Wilderness Study Area designation does not preclude

preparation of planning documents such as conservation agreements and

strategies and land use plan amendments. Nor does it preclude any

subsequent on-the-ground actions so long as they are nonimpairing as

defined by the Interim Management guidelines. Preparation of the

Conservation Agreement for the CPSD tiger beetle, subsequent land use

planning evaluations and NEPA related actions fail within these

guidelines.

Comment 6: Since the presence of the species has been known for

years, why hasn't it been addressed through legally outline planning

processes rather than through a special extra legal inter-agency

agreement?

Response: The conservation of the CPSD tiger beetle has been

recognized as an issue during public scoping for BLM and Division

planning efforts for several years. Meetings from the late 1980's to

present have recognized the presence of the species and the need for

special conservation measures on the Coral Pink Sand Dunes. The

Conservation Agreement and Strategy will provide useful guidelines for

future management for both the State and Federal portions of the Coral

Pink Sand Dunes.

Comment 7: There is no basis for a 10-year duration of the proposed

conservation agreement.

Response: Ten years is a reasonable period of time to evaluate the

species biological response to the intended land management actions. It

is also an adequate time frame for agency land use actions to be

implemented. The parties to the Conservation Agreement will review the

success of the strategy annually to determine its adequacy and need.

Comment 8: Biological research data fails to show substantial

jeopardy to tiger beetle populations to justify the proposed

conservation actions.

Response: The scientific information on hand demonstrates that

several biotic and abiotic factors are actively and potentially

affecting the species including: recreational off-road vehicle use,

parasitism, periodic climatic conditions, and over-collecting of

specimens, resulting in a very small species population and restricted

range.

Comment 9: The no-play restriction in the travel corridor

comprising the eastern portion of ``Conservation Area A'' should be

removed.

Response: The eastern portion of ``Conservation Area A'' contains

occupied habitat of the CPSD tiger beetle. In reviewing the final

boundary, the Conservation Planning team determined that it is

essential for the conservation of the species that OHV use be kept to a

minimum in this area.

Comment 10: The Conservation Agreement ignores collection threats

to the CPSD tiger beetle.

Response: Collection threats are acknowledged in the studies that

contributed to the biological basis for the conservation agreement.

Control of collection is identified in ``Action 1'' of the

``Conservation Actions to be Implemented'' section of the agreement.

The final conservation agreement explicitly provides for control of

collection on both BLM and State Park portions of the Coral Pink Sand

Dunes.

Comment 11: Implementation of the draft conservation agreement may

tend to concentrate non-motorized visitors in the best occupied habitat

of the CPSD tiger beetle.

Response: Visitor education is expected to develop knowledge of and

sensitivity to critical areas within the conservation areas. Effective

education along with adequate signing and both recreational and

biological monitoring should avoid this potential problem. To date

biological date has not indicated an existing problem with human foot

traffic within the species habitat. However, monitoring will continue

and if impacts to the species population become apparent the parties to

the agreement will address them appropriately.

Comment 12: The parties to the agreement have inadequate resources

to provide on-the-ground enforcement of the conservation agreement.

Response: The Conservation Agreement identifies the resources

available to implement the agreement (see pages 6-8). The Division has

two full time park rangers with law enforcement authority assigned to

Coral Pink Sand Dunes State Park. These two rangers along with the

Bureau's law enforcement officer in the Kanab Area Office will provide

supervision of use within the species two conservation areas. The

Division, Bureau, and Service will provide additional resources such as

signing, visitor education, and strategic fencing to implement the

conservation agreement and strategy.

Comment 13: The seasonal and weather effects on the CPSD tiger

beetle vulnerability vary markedly from wet to dry periods. Therefore,

restrictions on OHV use should be relaxed during dry summer periods.

Response: Degradation of larval interdunal swale habitat remains a

significant concern regardless of current moisture conditions of the

sand dunes. It is difficult and confusing to the publics to vary

vehicle use restrictions during the recreational season. The approach

taken by the Conservation Team is to provide maximum conservation area

for the species while minimizing affects to off-road recreational use

areas.

Comment 14: Coral Pink Sand Dunes tiger beetle habitat should be

more narrowly defined to include only the occupied interdunal larval

beds. That, with seasonal use restrictions, would

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provide adequate protection for the species.

Response: Based on current research and principals of conservation

biology, the planning team has established buffers around the species

occupied larval habitat to protect aestivating adults. As more

biological information becomes available these ares will be reviewed by

the Conservation Team.

Comment 15: The CPSD tiger beetle population may lack genetic

variability and the species inadequate heterozygosity may cause

eventual extinction regardless of conservation measures.

Response: Many species, including tiger beetles, have persistent

populations with low genetic variability. Recently, Volger and others

(1993) showed that another endangered tiger beetle, Cicindela d.

dorsalis, with a large historic range from Virginia to Massachusetts,

has very low genetic variability both at present and historically.

Nevertheless, as a precaution to prevent extinction of the CPSD tiger,

it is essential that conservation efforts include maintaining, to the

maximum extent possible those portions of the species natural

environment.

Comment 16: The Conservation agreement improperly claims to

implement safety regulations.

Response: The Utah Division of Parks and Recreation is motivated to

conserve the Coral Pink Sand Dunes' biological resources as well as to

enhance public safety. The Division disagrees that documented accidents

must occur as justification for concern and management action in

association with the conservation agreement. Both motorized and non-

motorized user groups have articulated complaints regarding potential

threats to safety. The Division is reasonable and prudent in responding

proactively to minimize exposure to this risk. Improved safety for all

park users is an important side benefit of the Conservation Agreement.

Comment 17: The Conservation Agreement impacts less experienced

riders and children disproportionately due to the travel restrictions

identified in Conservation Area ``A''.

Response: Inexperienced riders and children will continue to have

opportunity to enjoy motorized recreation both on the BLM portion of

the dunes near established access points as well as near the main

access point near the State park campground. These areas provide easy

to ride low angle dunes suitable to the novice rider.

Comment 18: The Conservation Agreement depends on narrow

unpublished data insufficient to justify its proposed actions.

Response: The signatories to the Conservation Agreement have based

the proposed actions on the best scientific information available. The

Service finds the reports on the ongoing scientific research on the

CPSD tiger beetle well documented and consistent with accepted

biological research procedures and techniques. Population and habitat

monitoring and scientific research will continue using the best

techniques available. Additional biological and habitat information

will be incorporated into the management of the species conservation

areas.

Comment 19: The CPSD tiger beetle (Cicindela limbata albissima)

occurs else where in western North America including sand dunes in

Idaho.

Response: As described above in the background information, the

CPSD tiger beetle is found nowhere else other than the Coral Pink Sand

Dunes. The Idaho dunes tiger beetle (Cicindela arenicola) is a

different species.

Comment 20: The Conservation Agreement cannot compromise CPSD tiger

beetle conservation to accommodate OHV recreation.

Response: All parties to the agreement are convinced that the full

implementation of the Conservation Agreement will provide protection to

the CPSD tiger beetle equivalent to or greater than the species would

receive if it were listed under the provisions of the Act. In addition,

parties to the agreement have committed that if the conservation

measures are not adequate, the agreement will be modified to remedy any

shortcoming.

Comment 21: The Conservation Agreement does not provide a balanced

approach to recreational opportunities.

Response: The stated purpose of the Conservation Agreement is to

identify those areas crucial for the conservation of the CPSD tiger

beetle and those activities consistent with the species conservation

within those areas.

Comment 22: The Conservation Agreement allows OHV use to continue

without critical information concerning specific needs of CPSD tiger

beetle population and habitat. Information gaps include: demographic

and other population measurement needs in defining and maintaining a

minimum viable population; information supporting 2,000 adult

individuals per population as a recovery goal; information indicating

that a protected corridor of potential habitat between populations is

or is not necessary.

Response: The parties to the Conservation Agreement have based the

proposed conservation actions on the best scientific information

available. Techniques for determining minimum viable population

estimates for insects have not been developed. The immediate goal is to

maintain its population at the optimum numbers consistent with the

species occupied habitat. The species optimum population level may

change as a consequence of additional research. The species has two

known sub-populations. Each is protected in each of the two

conservation areas. it is not known if other sub-populations occur.

Currently no known high quality habitat occurs outside Conservation

Area A. The maintenance of both populations within their respective

conservation areas is critical as a hedge against a catastrophic event

in either population. The Conservation Agreement requires the involved

parties to adjust population numbers and habitat areas as new and

refined information concerning the species population and ecology is

acquired.

Comment 23: The draft conservation agreement does not promote the

overall Coral Pink Sand Dunes ecosystem health by focusing only on the

CPSD tiger beetle.

Response: Other Bureau and Division planning efforts are underway

which will address conservation issues related to the Coral Pink Sand

Dunes ecosystem as a whole. The CPSD tiger beetle conservation

agreement will be incorporated into these other ecosystem planning

efforts to benefit other species, thus effectively promoting ecosystem

health.

Comment 24: Protect the CPSD tiger beetle and the natural

environmental integrity of the Coral Pink Sand Dunes.

Response: The express purpose of the conservation agreement is the

protection of the CPSD tiger beetle and its habitat. The involved

parties are in agreement that with the implementation of the agreement,

conservation will occur as a consequence of the efforts of all parties

and the public at large.

Comment 25: Do not close the Coral Pink Sand Dunes to motorized

recreation.

Response: The majority of the Coral Pink Sand Dunes will remain

open to all recreational use including OHVs. Motorized travel will be

restricted or prohibited in an area of less than 20 percent of the

dunes.

Conservation Agreement

The Service has assessed existing and potential threats facing the

species based on the five criteria as required by Section 4(a)(1) of

the Act. Within each of these criteria, several factors which have

contributed to the degradation of

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CPSD tiger beetle habitat and its populations were identified (59 FR

47293). The Conservation Agreement provides conservation measures to

adequately address each of those factors. The Conservation Agreement

focuses on the following goals: (1) Permanently protect CPSD tiger

beetle habitat in two designated conservation areas within the

historical range of the species. (2) Establish a continuing management

program that educates and enforces CPSD tiger beetle conservation

measures within the Coral Pink Sand Dunes. (3) Monitor the CPSD tiger

beetle population to demonstrate those conservation measures taken for

the species are maintaining it at viable population levels. (4) Gain

additional biological and ecological information concerning the beetle

and its dune habitat. (5) Form a conservation advisory committee to

coordinate all conservation actions and to act as an information

gathering and dissemination center. (6) Provide for both motorized and

non-motorized recreation within the Coral Pink Sand Dunes consistent

with the conservation of the CPSD tiger beetle.

The Conservation Agreement will provide for the recovery of the

CPSD tiger beetle by establishing a framework for cooperation and

coordination among all involved parties. It will also establish a frame

work for conservation efforts, setting recovery priorities, and

establishing costs and responsibilities of the various tasks necessary

to accomplish the recovery priorities.

Author: The primary author of this notice is John L. England (see

ADDRESSES section) telephone 801/524-5001).

Authority

The authority for this action is the Endangered Species Act of

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

Dated: April 21, 1997.

Terry T. Terrell,

Deputy Regional Director, Denver, Colorado.

[FR Doc. 97-11286 Filed 4-30-97; 8:45 am]

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