[Federal Register Volume 70, Number 85 (Wednesday, May 4, 2005)]
[Proposed Rules]
[Pages 23083-23087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8836]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AI15
Endangered and Threatened Wildlife and Plants; Listing Roswell
Springsnail, Koster's Springsnail, Pecos Assiminea, and Noel's Amphipod
as Endangered With Critical Habitat
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Revised proposed rule; reopening of public comment period,
notice of availability of draft economic analysis and draft
environmental assessment, updated legal descriptions for critical
habitat units.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of the draft economic analysis and draft environmental
assessment for the proposal to designate critical habitat for the
Roswell springsnail (Pyrgulopsis roswellensis), Koster's springsnail
(Juturnia kosteri), Pecos assiminea (Assiminea pecos), and Noel's
amphipod (Gammarus desperatus) (four invertebrates) under the
Endangered Species Act of 1973, as amended (Act). We are also reopening
the public comment period for the proposal to list the four
invertebrates as endangered with critical habitat to allow all
interested parties an opportunity to comment on and request changes to
the proposed listing and critical habitat designation, as well as the
associated draft economic analysis and draft environmental assessment.
In addition, we are proposing updated legal descriptions for critical
habitat units using Geographic Information Systems (GIS) coordinates.
We invite all interested parties to submit comments on this proposal
within the 30-day comment period.
DATES: Comments must be submitted directly to the Service (see
ADDRESSES section) on or before June 3, 2005.
ADDRESSES: If you wish to comment, you may submit your comments and
materials by any one of several methods:
1. You may submit written comments and information to the Susan
MacMullin, Field Supervisor, New Mexico Ecological Services Field
Office, 2105 Osuna Road NE, Albuquerque, New Mexico 87113.
2. You may hand-deliver written comments and information to our New
Mexico Ecological Services Field Office, at the above address, or fax
your comments to 505-346-2542.
3. You may send your comments by electronic mail (e-mail) to
``[email protected].'' For directions on how to submit electronic
filing of comments, see the ``Public Comments Solicited'' section
below.
You may obtain copies of the draft economic analysis and draft
environmental assessment by mail by contacting the person listed under
FOR FURTHER INFORMATION CONTACT. You may also view these documents in
person, review comments and materials received, and review supporting
documentation used in preparation of the proposed rule, by appointment,
during normal business hours, at the New Mexico Ecological Services
Field Office at the address provided above.
FOR FURTHER INFORMATION CONTACT: Susan MacMullin, Field Supervisor, New
Mexico Ecological Services Field Office (telephone 505-761-2525,
facsimile 505-346-2542).
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We intend any final action resulting from this proposal to be as
accurate and as effective as possible. Therefore, we solicit comments
or suggestions from the public, other concerned governmental agencies,
the scientific community, industry, or any other interested party
concerning this proposed rule. We particularly seek comments
concerning:
(1) The reasons why any habitat should or should not be determined
to be critical habitat as provided by section 4 of the Act, including
whether the benefits of designation will outweigh any threats to the
species resulting from designation;
(2) Specific information on the amount and distribution of the four
invertebrates' habitat, and which habitat is essential to the
conservation of the species and why;
(3) Land use designations and current or planned activities in the
subject area and their possible impacts on the species or proposed
critical habitat;
(4) Whether our approach to listing or critical habitat designation
could be improved or modified in any way to provide for greater public
participation
[[Page 23084]]
and understanding, or to assist us in accommodating public concerns and
comments;
(5) Any foreseeable economic, environmental, or other impacts
resulting from the proposed designation of critical habitat or
coextensively from the proposed listing, in particular, any impacts on
small entities or families;
(6) Whether the economic analysis identifies all State and local
costs. If not, what other costs are overlooked;
(7) Whether the economic analysis makes appropriate assumptions
regarding current practices and likely regulatory changes imposed as a
result of the listing of the species or the designation of critical
habitat;
(8) Whether the economic analysis correctly assesses the effect on
regional costs associated with land use controls that derive from the
designation;
(9) Whether the designation will result in disproportionate
economic impacts to specific areas that should be evaluated for
possible exclusion from the final designation; and
(10) Whether the economic analysis appropriately identifies all
costs that could result from the designation or coextensively from the
listing.
Comments submitted during this comment period will be fully
considered in the critical habitat determination, which will be made on
or before August 1, 2005. To meet this date, all comments or proposed
revisions to the draft economic analysis, draft environmental
assessment, and proposed rule need to be submitted to us during the
open comment period (see DATES).
Please submit electronic comments in ASCII file format and avoid
the use of special characters or any form of encryption. Please also
include ``Attn: RIN 1018-AI15'' in your e-mail subject header and your
name and return address in the body of your message. If you do not
receive a confirmation from the system that we have received your e-
mail message, contact us directly by calling our New Mexico Ecological
Services Field Office at (505) 346-2525.
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home address, which we will honor to the extent allowable by law.
If you wish us to withhold your name or address, you must state this
request prominently at the beginning of your comments. However, we will
not consider anonymous comments. To the extent consistent with
applicable law, we will make all submissions from organizations or
businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, available
for public inspection in their entirety.
Background
On November 22, 1985, we received a petition from Mr. Harold F.
Olson, Director of the New Mexico Department of Game and Fish, to add
11 species of New Mexican mollusks to the Federal list of endangered
and threatened wildlife. Roswell springsnail (Pyrgulopsis roswellensis,
formerly Fontelicella sp. (Hershler 1994)), Koster's springsnail
(Juturnia kosteri, formerly Tryonia (Hershler et al. 2002)), and Pecos
assiminea were among the 11 species. We determined the petition
presented substantial information that the requested action may be
warranted and published a positive 90-day petition finding in the
Federal Register on August 20, 1986 (51 FR 29671). A subsequent 12-
month finding published in the Federal Register on July 1, 1987 (52 FR
24485), concluded that the petitioned action was warranted but
precluded by other higher priority listing actions. A proposed rule to
list the three snails as endangered with critical habitat was published
in the Federal Register on February 12, 2002 (67 FR 6459). The proposed
rule also included Noel's amphipod, which had been a candidate for
listing, because this invertebrate shares the same habitats, threats,
and management needs as the three snails.
These species occur at sinkholes, springs, and associated spring
runs and wetland habitats. They are found at Bitter Lake National
Wildlife Refuge in Chaves County, New Mexico, one site in Pecos County,
Texas, and one site in Reeves County, Texas.
In the proposed rule, we determined that these three snails and one
amphipod have an exceedingly limited distribution and are imperiled by
local and regional groundwater depletion, surface and groundwater
contamination, oil and gas extraction activities within the supporting
aquifer and watershed, and direct loss of their habitat (e.g., through
burning or removing marsh vegetation, inundating, or filling of
habitat).
If the proposed listing and critical habitat designation is
finalized, section 7(a)(2) of the Act would require that Federal
agencies ensure that actions they fund, authorize, or carry out are not
likely to jeopardize the continued existence of the species or result
in the destruction or adverse modification of critical habitat.
Section 4 of the Act requires that we consider economic and other
relevant impacts prior to making a final decision on what areas to
designate as critical habitat. We may revise the proposal, or its
supporting documents, to incorporate or address new information
received during the comment period. In particular, we may exclude an
area from critical habitat if we determine that the benefits of
excluding the area outweigh the benefits of including the area as
critical habitat, provided such exclusion will not result in the
extinction of the species. Bitter Lake National Wildlife Refuge (NWR)
completed a Final Comprehensive Conservation Plan in September of 1998
that provides for protection and management of the four invertebrate
species and sensitive natural habitats. We believe that there is
minimal benefit from designating critical habitat for the four
invertebrates within Bitter Lake NWR lands because these lands are
already managed for the conservation of wildlife. We did not propose to
exclude Bitter Lake NWR from the proposed critical habitat designation,
but we anticipate excluding it from the final designation after further
analysis and public comment.
The draft economic analysis estimates that the total post-
designation costs could amount to between $6.4 million to $12.8 million
over 20 years (or $3.4 to $6.8 million in present value terms and
$170,000 to $339,000 annually from 2005 to 2025). Approximately 82
percent of these costs are associated with impacts to oil and gas
activities on Bureau of Land Management lands within the Bitter Lake
Habitat Protection Zone. Federal, State, and The Nature Conservancy
management activities are expected to generate 14 percent of total
forecast costs.
Corrected Coordinates for Proposed Units of Critical Habitat
Below we provide corrected legal descriptions for the four
invertebrates' proposed critical habitat designation. The legal
descriptions published on February 12, 2002 (67 FR 6459), as part of
the proposed critical habitat designation, used a less accurate method
of description and contained errors. In this revised proposed rule, we
are proposing updated legal descriptions for critical habitat units
using GIS coordinates, which is our current (and a more precise) method
of identifying critical habitat units. The general unit locations of
proposed critical habitat on the maps in the February 12, 2002,
proposal remain correct, and we are not republishing them in this
document. The proposed updated legal descriptions using GIS coordinates
may be found in the rule portion of this document.
[[Page 23085]]
Name Change
Since the publication of the February 12, 2002, proposed rule, the
common and scientific names of one of the snails proposed for listing
as endangered with critical habitat have changed. The proposed rule
specified this snail as Koster's tryonia (Tryonia kosteri). This snail
is now identified as Koster's springsnail (Juturnia kosteri). This
revised proposed rule incorporates the current common and scientific
names of this snail into the proposed amendatory language. We are not,
however, republishing the critical habitat unit maps in this proposed
rule. If this proposal is adopted, the map of the critical habitat for
Koster's springsnail will be revised to correct the common name in our
final determination. To view the critical habitat unit maps, refer to
the February 12, 2002, proposed rule (67 FR 6459).
Required Determinations
This revised proposed rule affirms the information contained in the
February 12, 2002, proposed rule (67 FR 6459) concerning Executive
Order 12866 and the Regulatory Flexibility Act; Executive Orders 13211,
12630, 13132, 12988, and 13175; the Unfunded Mandates Reform Act; the
Paperwork Reduction Act; the National Environmental Policy Act; and the
President's memorandum of April 29, 1994, ``Government-to-Government
Relations with Native American Tribal Governments'' (59 FR 22951).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Rule Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as set forth below:
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. Amend Sec. 17.11(h) as follows:
a. Add Pecos assiminea snail, Koster's springsnail, and Roswell
springsnail in alphabetical order under ``SNAILS'; and
b. Add Noel's amphipod in alphabetical order under ``CRUSTACEANS'',
to the List of Endangered and Threatened Wildlife to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
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Species Vertebrate
-------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
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* * * * * * *
Snails
* * * * * * *
Snail, Pecos assiminea........... Assiminea pecos..... U.S.A. (NM, TX), NA................. E ........... 17.95(f) NA
Mexico.
* * * * * * *
Springsnail, Koster's............ Juturnia kosteri.... U.S.A. (NM)........ NA................. E ........... 17.95(f) NA
Springsnail, Roswell............. Pyrgulopsis U.S.A. (NM)........ NA................. E ........... 17.95(f) NA
roswellensis.
* * * * * * *
Crustaceans
* * * * * * *
Amphipod, Noel's................. Gammarus desperaturs U.S.A. (NM)........ NA................. E ........... 17.95(h) NA
* * * * * * *
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3. Amend Sec. 17.95 as follows:
a. In paragraph (f), add critical habitat for Pecos assiminea,
Koster's springsnail, and Roswell springsnail; and
b. In paragraph (h), add critical habitat for Noel's amphipod, in
the same alphabetical order as these species occur in Sec. 17.11(h).
Sec. 17.95 Critical habitat--fish and wildlife.
* * * * *
(f) Clams and snails.
* * * * *
Pecos assiminea (Assiminea pecos)
1. A portion of the critical habitat for the Pecos assiminea is
located in paragraph (f) of this section within the text for the
Koster's springsnail. These species occur together, and critical
habitat and the primary constituent elements are identical for these
snails. In addition, critical habitat is depicted for the Pecos
assiminea in:
(i) Pecos County, TX, including the Diamond Y Springs complex,
located at longitude -102.923461 and latitude 30.999271, and
approximately 6.8 km (4.2 mi) of the spring outflow ending at about 0.8
km (0.5 mi) downstream of the State Highway 18 bridge crossing
(approximately longitude -102.885137 and latitude 31.041405). Also
included is approximately 0.8 km (0.5 mi) of Leon Creek upstream of the
confluence with Diamond Y Draw. All surrounding riparian vegetation and
mesic soil environments within the spring, outflow, and portion of Leon
Creek are also proposed for designation as these areas are considered
habitat for the Pecos assiminea. Legal description (geographic
projection, North American Datum 83): Longitude (decimal degrees),
Latitude (decimal degrees):
-102.905319869746634, 31.022089444891570; -102.887036917654868,
31.043947412173729; -102.884194716234887, 31.042760908977833;
102.885135806784476, 31.040116604685526; -102.886447071974004,
31.038190792077721; -102.886620885824385, 31.037813677269160;
102.890251036381329, 31.035783323856453;
[[Page 23086]]
-102.892481680821120, 31.034679908957198; -102.893548121939546,
31.033842414359302; -102.893785401930572, 31.033086360646934; -
102.893745950415067, 31.032373282069056; -102.894097678233564,
31.031429114358268; -102.895544792411911, 31.030835296062797; -
102.896058768051944, 31.030036256911551; -102.898010410716566,
31.029070675153459; -102.898781252646117, 31.029130733495535; -
102.899944293890798, 31.028912200684612; -102.900716178554276,
31.028924768711160; -102.901441262661692, 31.028556604651808; -
102.901948928625941, 31.028042412007075; -102.901688880906221,
31.027325744767865; -102.901714918210303, 31.026138774702297; -
102.901732622700223, 31.025331634924694; -102.901817954640350,
31.023955646131167; -102.902125889274174, 31.022488286611136; -
102.902640803335373, 31.021641737279424; -102.903610272253857,
31.020185129479138; -102.903508335417825, 31.019803505987209; -
102.904231258688768, 31.019530280313123; -102.905008267695379,
31.019305424852949; -102.905627160458280, 31.018745526192433; -
102.905862223627835, 31.018084401107885; -102.907438011441329,
31.016637604571564; -102.908402165790250, 31.015418349965021; -
102.909312205831228, 31.014150714293240; -102.909665778900688,
31.013111534294385; -102.910342839052220, 31.012410065631975; -
102.911174902560035, 31.012186062876218; -102.912113070098556,
31.012153756020012; -102.912844195573911, 31.011500644598044; -
102.913370338091369, 31.010131773029197; -102.914161736135028,
31.009242148253836; -102.915610463748450, 31.008553125409257; -
102.917106029547554, 31.008244810453860; -102.918875138268959,
31.008035883431738; -102.919664405186026, 31.007241180720893; -
102.920460878479304, 31.006114116159939; -102.920933820519480,
31.004649359449264; -102.921603523207537, 31.004280181687651; -
102.921961044126064, 31.003051041389284; -102.922105288280434,
31.001485991578242; -102.923062919493049, 31.000551488397821; -
102.924338893382782, 31.000192054013731; -102.925434072210962,
31.000542142822137; -102.925748330937964, 31.001307135185360; -
102.925543882342382, 31.003108703491051; -102.924514657475115,
31.004802011677008; -102.923332386691257, 31.005922892971402; -
102.922655466250575, 31.006624436236699; -102.921313967399342,
31.007457756682811; -102.921298502243019, 31.008169949149053; -
102.921890429628803, 31.008844431891216; -102.922088249987723,
31.009892533060658; -102.920305700167233, 31.010718735844538; -
102.918990962464960, 31.010317563552466; -102.917661775715189,
31.010581089582509; -102.915939472406691, 31.011170723093645; -
102.915640066348502, 31.012258293740160; -102.915233503111892,
31.013201643466406; -102.914004171668253, 31.013941704157816; -
102.912955733451284, 31.013972240169043; -102.912389969275623,
31.014628028040637; -102.912099833183859, 31.015288275173923; -
102.912212159226485, 31.015195101507882; -102.910513768505638,
31.017209923999967; -102.908484529126227, 31.019219357013320; -
102.906961764318297, 31.020762017382609; -102.906510334381181,
31.021229648922475; -102.906323124324715, 31.022224022537589; -
102.905476410341578, 31.023112694758801; -102.904572468616138,
31.024095422710321; -102.904098125726293, 31.025607579972412; -
102.904512146691772, 31.026849198511329; -102.904475741511831,
31.028510959127807; -102.903447935740203, 31.030109108839046; -
102.901831302956197, 31.030890242225727; -102.900225068829968,
31.031196566903024; -102.897834397853146, 31.032060033587637; -
102.896823149655987, 31.032898465556570; -102.895449713462554,
31.035155846795476; -102.894484140543042, 31.036422464608236; -
102.892135869908444, 31.037856459486278; -102.890355694384951,
31.038539777638526; -102.889015567482971, 31.039277771567470; -
102.888427464446750, 31.040930483816535; -102.887036917654868,
31.043947412173729.
(ii) Reeves County, TX, at the East Sandia Spring complex. East
Sandia Spring is located at longitude -103.728918, latitude 30.991012.
The designation includes the springhead itself, surrounding seeps, and
all submergent vegetation and moist soil habitat found at the margins
of these areas. These areas are considered habitat for the Pecos
assiminea. Legal description (geographic projection, North American
Datum 83): Longitude (decimal degrees), Latitude (decimal degrees):
-103.729296238487009, 30.990656960487129; -103.731179077171333,
30.989695620405591; -103.730160658036496, 30.991850361242875; -
103.727182653076312, 30.992477028891606; -103.729159475230986,
30.988608062418542; -103.731179077171333, 30.989695620405591.
[[Page 23087]]
(iii) [Reserved for maps.]
(2) The primary constituent elements of critical habitat for Pecos
assiminea are found in paragraph (f) of this section within the text
for Koster's springsnail. In addition, Pecos assiminea requires moist
soil at stream or spring run margins with hydrophytic vegetation such
as salt grass or sedges.
* * * * *
Koster's springsnail (Juturnia kosteri)
1. Critical habitat is depicted for the Koster's springsnail in
Chaves County, NM, and includes areas within the Bitter Lake National
Wildlife Refuge (Sago Springs; Bitter Creek; the adjacent gypsum
sinkholes; portions of impoundments 3, 5, 6, 7, and 15; and Hunter
Marsh). The designation includes all springs, seeps, sinkholes, and
outflows surrounding Bitter Creek, Refuge impoundments, and the Sago
Springs complex. Legal description (geographic projection, North
American Datum 83):
(i) Northern section, Longitude (decimal degrees), Latitude
(decimal degrees):
-104.419336674151936, 33.480203681366007; -04.414762751950349,
33.493436689238095; -104.413741244431790, 33.493858608357627; -
104.413235764174928, 33.493287218778512; -104.413241520912933,
33.492433750334044; -104.416057124033827, 33.477653104239650; -
104.413198374410456, 33.473656611934771; -104.412039061275550,
33.469383625617866; -104.413065082074766, 33.468250489397242; -
104.426263172009314, 33.474429023268044; -104.427054732772433,
33.483109918607781; -104.414762751950349, 33.493436689238095.
(ii) Southern section, Longitude (decimal degrees), Latitude
(decimal degrees):
-104.407815889404233, 33.439996838454036; -104.409173042255944,
33.466525002302781; -104.408145058265191, 33.467942596606910; -
104.405096865849373, 33.466932257051440; -104.401378674109566,
33.464638361172135; -104.398868290382183, 33.459505219451806; -
104.398411239598261, 33.451963754012681; -104.402906045391788,
33.439894210503255; -104.406341045861339, 33.433793930997410; -
104.414701913408763, 33.426721133987094; -104.414714323491111,
33.424871931927768; -104.415228007298339, 33.424163100410929; -
104.414770632086643, 33.416479392467984; -104.411547814481665,
33.416464147038482; -104.411687860032401, 33.414562203832219; -
104.413726146639021, 33.414145099835672; -104.414498731965509,
33.412761800276868; -104.419587179207483, 33.412785710373186; -
104.419816772583573, 33.416520876242608; -104.418406720890829,
33.418114597973172; -104.417627026091026, 33.420564769753462; -
104.418122394589631, 33.422594170420631; -104.418493402187309,
33.424196232957904; -104.418992363923280, 33.425692205299626; -
104.418728660053802, 33.427077915542149; -104.415788743879105,
33.429091176930797; -104.413227534105900, 33.431532911399167; -
104.411304551549236, 33.433657558361652; -104.407946281311240,
33.441003035157820; -104.402389579193624, 33.453352149735451; -
104.403497024026549, 33.458905233151292; -104.403742086416045,
33.460293348887326; -104.404494096955176, 33.462003962340610; -
104.404482425097086, 33.463710904744133; -104.407020866535930,
33.464789946839218; -104.409173042255944, 33.466525002302781.
(2) [Reserved for map.]
(3) Within these areas, the primary constituent elements include
permanent, flowing, unpolluted fresh to moderately saline water; slow
to moderate velocities of water over substrates (a surface on which a
plant or animal grows or is attached) ranging from deep organic silts
to limestone cobble and gypsum substrates; presence of algae,
submergent vegetation, and detritus in the substrata; water
temperatures in the approximate range of 10-20 degrees Centigrade (50-
68 degrees Fahrenheit) with natural diurnal and seasonal variation
slightly above and below that range.
Roswell springsnail (Pyrgulopsis roswellensis)
The critical habitat map and description for the Roswell
springsnail is located in paragraph (f) of this section within the text
for the Koster's springsnail. These species occur together, and
critical habitat and the primary constituent elements are identical for
these snails.
* * * * *
(h) Crustaceans.
* * * * *
Noel's amphipod (Gammarus desperatus)
The critical habitat map and description, including the primary
constituent elements, for the Noel's amphipod is located in paragraph
(f) of this section, within the text for the Koster's springsnail.
These species occur together, and critical habitat and the primary
constituent elements are identical for this snail and the Noel's
amphipod.
* * * * *
Dated: April 26, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-8836 Filed 5-3-05; 8:45 am]
BILLING CODE 4310-55-P