CU 06-32

Critical Habitat Proposed for Hine’s Emerald Dragonfly – Congressional Notification

On July 26, the U.S. Fish and Wildlife Service will publish a proposed rule identifying approximately 27,689 acres of land as critical habitat for the endangered Hine’s emerald dragonfly.  Areas identified as potential critical habitat include 49 units located in the states of Illinois, Michigan, Missouri and Wisconsin.  The Service, however, is presently considering whether to exclude all 26 units in Missouri and two units in Michigan from the final critical habitat designation on the basis of existing conservation plans and partnerships.

The lands proposed as critical habitat for the Hine’s emerald dragonfly are spring-fed wetlands, wet meadows and marshes, calcareous (calcium carbonate, calcium, or limestone) groundwater seeps and associated wetlands overlying dolomite (magnesia-rich sedimentary rock) bedrock. These types of wetlands provide breeding and foraging habitat for the dragonfly.

Much of the proposed critical habitat is on lands that are managed by local, State or Federal agencies, such as the U.S. Forest Service or State Departments of Natural Resources.  Remaining areas are under private ownership.

In total, there are 2,995 acres in Illinois, 14,348 acres in Michigan, 1,306 acres in Missouri, and 9,040 acres in Wisconsin being proposed as critical habitat for the Hine’s emerald dragonfly.  Of that acreage, the Service is considering the exclusion of 14,269 acres (12,963 acres in Michigan and all proposed lands in Missouri) from the final critical habitat designation due to partnerships and management efforts already in place.

In the areas considered for exclusion, public land managers are already conserving the Hine’s emerald dragonfly under existing land management plans.  Due to these conservation efforts, the benefits of designating critical habitat would be minimal. Additionally, the Service is considering excluding private lands in Missouri because the state has implemented successful conservation efforts for the dragonfly on some of those lands.  The Service is concerned that existing partnerships among state agencies and property owners could dissolve and future conservation efforts may diminish if critical habitat is designated. 

Public comments on the proposed rule will be accepted until September 24, 2006.  Written comments on the proposal should be submitted to John Rogner, Field Supervisor, U.S. Fish and Wildlife Service, Chicago Illinois Ecological Services Fish and Wildlife Office, 1250 S. Grove, Suite 103, Barrington, Illinois 60010 or by facsimile to (847) 381-2285. Comments may also be sent by e-mail to at hedch@fws.gov, or to the Federal eRulemaking Portal at http://www.regulations.gov.  Comments may also be hand-delivered to the above address. 

A combined public meeting/hearing is scheduled in Romeoville, Illinois on August 15, 2006, to gather public input.  An informational meeting will be held from 6:00 to 7:00 p.m., followed by a public hearing from 7:15 to 9:00 p.m. at the Drdak Senior/Teen Center at the Romeoville Recreation Center at 900 West Romeo Road.

Critical habitat is a term in the Endangered Species Act. It identifies geographic areas that contain features essential for the conservation of a threatened or endangered species and may require special management considerations or protection. The designation of critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area. It does not allow government or public access to private lands. Federal agencies that undertake, fund or permit activities that may affect critical habitat are required to consult with the Service to ensure such actions do not adversely modify or destroy designated critical habitat.

The Hine’s emerald dragonfly measures up to 3 ½ inches in length and has brilliant green eyes.  The larval stage is aquatic, occupying rivulets and seepage areas within wetland systems.  The Hine’s emerald dragonfly occupies marshes and sedge meadows fed by calcareous groundwater seepage and underlain by dolomite bedrock.  Adults also feed along shrub and forest edges near wetland habitat.

Improved mapping technology enabled the Service to eliminate some areas from the proposed critical habitat because they do not contain habitat essential to the conservation of the species. These areas include homes, roads, airport runways, and other human-made structures, as well as lawns, agricultural fields and closed-canopy forest. Mapping is still not precise enough to exclude all such areas and some of these locations may remain within the final designation. However, even if such developed areas fall within the boundaries of designated critical habitat, they are still not considered actual critical habitat under the provisions of the Endangered Species Act.

This proposed rule was prepared pursuant to a court order resulting from a lawsuit filed against the Service by the Center for Biological Diversity and other organizations. 

In 30 years of implementing the ESA, the Service has found that designation of critical habitat provides little additional protection for most listed species, while preventing the agency from using scarce conservation resources for activities with greater conservation benefits.

In almost all cases, recovery of listed species will come through voluntary cooperative partnerships, not regulatory measures such as critical habitat. Habitat is also protected through cooperative measures under the ESA, including Habitat Conservation Plans, Safe Harbor Agreements, Candidate Conservation Agreements and State programs. In addition, voluntary partnership programs such as the Service’s Private Stewardship Grants and the Partners for Fish and Wildlife program also restore habitat. Habitat for listed species is provided on many of the Service’s National Wildlife Refuges, and state wildlife management areas.

A copy of the proposed rule and other information about the Hine’s emerald dragonfly is available on the Internet at http://www.fws.gov/midwest/endangered

The Service is preparing a draft economic analysis of the proposed critical habitat that will be released for public review and comment at a later date.