Vol. 77 Thursday, No. 188 September 27, 2012

Part III

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Endangered Status for Grotto Sculpin and Designation of Critical Habitat; Proposed Rule

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DEPARTMENT OF THE INTERIOR button. You may submit a comment by endangered or threatened species clicking on ‘‘Comment Now!.’’ If your throughout all or a significant portion of Fish and Wildlife Service comments will fit in the provided its range. This species has been a comment box, please use this feature of candidate for listing since 2002, but was 50 CFR Part 17 http://www.regulations.gov, as it is most precluded from listing by other higher [Docket No. FWS–R3–ES–2012–0065; compatible with our comment review priority actions. The grotto sculpin 4500030113] procedures. If you attach your currently is afforded no protection comments as a separate document, our under the Act, and, because of RIN 1018–AY16 preferred file format is Microsoft Word. continued threats, it warrants the protections afforded by listing under the Endangered and Threatened Wildlife If you attach multiple comments (such as form letters), our preferred format is Act. We are proposing to list the grotto and Plants; Endangered Status for sculpin as an endangered species. Grotto Sculpin and Designation of a spreadsheet in Microsoft Excel. (2) By hard copy: Submit by U.S. mail Listing a species as an endangered Critical Habitat or hand-delivery to: Public Comments species or threatened species and AGENCY: Fish and Wildlife Service, Processing, Attn: FWS–R3–ES–2012– designating critical habitat can only be Interior. 0065; Division of Policy and Directives done by issuing a rule. ACTION: Proposed rule. Management; U.S. Fish and Wildlife The basis for our action. Under the Service; 4401 N. Fairfax Drive, MS Act, we can determine that a species is SUMMARY: We, the U.S. Fish and 2042–PDM; Arlington, VA 22203. an endangered or threatened species Wildlife Service, propose to list the We request that you send comments based on any of five factors: (A) The grotto sculpin (Cottus sp. nov.) as an only by the methods described above. present or threatened destruction, endangered species under the We will post all comments on http:// modification, or curtailment of its Endangered Species Act of 1973, and www.regulations.gov. This generally habitat or range; (B) overutilization for propose to designate critical habitat for means that we will post any personal commercial, recreational, scientific, or the species. In total, all underground information you provide us (see the educational purposes; (C) disease or aquatic habitat underlying Information Requested section below for predation; (D) the inadequacy of approximately 94 square kilometers (36 more information). existing regulatory mechanisms; or (E) square miles) plus 31 kilometers (19.2 The coordinates or plot points or both other natural or manmade factors miles) of surface stream are being from which the critical habitat maps are affecting its continued existence. We proposed for designation as critical generated are included in the have determined the threats to the habitat. The proposed critical habitat is administrative record for this species include: located in Perry County, Missouri. If rulemaking and are available at http:// • Habitat loss and degradation of adopted, the effect of these regulations www.fws.gov/midwest/Endangered, aquatic resources, including such things is to conserve grotto sculpin and its www.regulations.gov at Docket No. as illegal waste disposal, chemical habitat under the Endangered Species FWS–R3–ES–2012–0065, and at the leaching, contaminated groundwater, Act. Columbia Missouri Ecological Services vertical drains, urban development, DATES: Field Office (see FOR FURTHER sedimentation, and industrial sand INFORMATION CONTACT). Any additional mining. Written Comments: We will accept • comments received or postmarked on or tools or supporting information that we Predation by nonnative predators. • Inadequate existing regulatory before November 26, 2012. Comments may develop for this rulemaking will mechanisms that allow significant submitted electronically using the also be available at the Fish and threats such as water contamination and Federal eRulemaking Portal (see Wildlife Service Web site and Field Office set out above, and may also be exploitation of sinkholes. ADDRESSES section, below) must be • Other natural or manmade factors, received by 11:59 p.m. Eastern Time on included in the preamble and/or at www.regulations.gov. including loss of genetic diversity, the closing date. We must receive natural environmental variability, and requests for public hearings, in writing, FOR FURTHER INFORMATION CONTACT: climate conditions such as drought. at the address shown in the FOR FURTHER Amy Salveter, Field Supervisor, U.S. This rule proposes to designate INFORMATION CONTACT section by Fish and Wildlife Service, Columbia critical habitat for the species. If November 13, 2012. Missouri Ecological Services Field prudent and determinable, we must Public Meeting: To better inform the Office, 101 Park De Ville Drive, Suite A, designate critical habitat for endangered public of the implications of the Columbia, MO 65203; by telephone or threatened species. We are required proposed listing and proposed critical 573–234–2132; or by facsimile 573– to base the designation on the best habitat, and to answer any questions 234–2181. Persons who use a available scientific data after taking into regarding this proposed rule, we plan to telecommunications device for the deaf consideration economic and other hold a public meeting on Tuesday, (TDD) may call the Federal Information impacts. We can exclude an area from October 30 from 5–8 p.m. at the Relay Service (FIRS) at 800–877–8339. critical habitat if the benefits of Perryville Higher Education Center, 108 SUPPLEMENTARY INFORMATION: This exclusion outweigh the benefits of South Progress Drive, Perryville, MO document consists of: (1) A proposed designation, unless the exclusion will 63775. rule to list the grotto sculpin as an result in the extinction of the species. ADDRESSES: Written Comments: You endangered species; and (2) a proposed We are proposing to designate critical may submit comments by one of the critical habitat designation for the grotto habitat in Perry County, Missouri, as following methods: sculpin. follows: (1) Electronically: Go to the Federal • Two units comprised of all eRulemaking Portal: http:// Executive Summary underground aquatic habitat underlying www.regulations.gov. In the Search box, Why we need to publish a rule. A approximately 94 km2 (36.28 mi2). enter Docket No. FWS–R3–ES–2012– species may warrant protection through • Two units that include 0065, which is the docket number for listing under the Endangered Species approximately 31 kilometers (19.2 this rulemaking. Then, click the Search Act (Act) if it meets the definition of an miles) of surface stream.

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We are preparing an economic distribution, and population size of this benefits of the proposed critical habitat analysis. To ensure that we consider the species, including the locations of any designation. economic impacts, we are preparing an additional populations of this species; Please note that submissions merely economic analysis of the proposed (5) The reasons why we should or stating support for or opposition to the designation. should not designate habitat as ‘‘critical action under consideration without We will seek peer review. We are habitat’’ under section 4 of the Act (16 providing supporting information, seeking comments from independent U.S.C. 1531 et seq.), including whether although noted, will not be considered specialists to ensure that our listing there are threats to the species from in making a determination, as section determination and critical habitat human activity, the degree of which can 4(b)(1)(A) of the Act directs that designation are based on scientifically be expected to increase due to the determinations as to whether any sound data and analyses. We will invite designation, and whether that increase species is a threatened or endangered these peer reviewers to comment, in threats outweighs the benefit of species must be made ‘‘solely on the during the comment period, on our designation such that the designation of basis of the best scientific and proposed listing and critical habitat critical habitat is not prudent. commercial data available.’’ designation. Because we will consider (6) Specific information on: You may submit your comments and all comments and information received (a) The amount and distribution of materials concerning this proposed rule during the comment period, our final grotto sculpin and its habitat, by one of the methods listed in the determination may differ from this (b) What may constitute ‘‘physical or ADDRESSES section. We request that you proposal. biological features essential to the conservation of the species,’’ within the send comments only by the methods Information Requested geographical range currently occupied described in the ADDRESSES section. We intend that any final action by the species; If you submit information via http:// resulting from this proposed rule will be (c) Where these features are currently www.regulations.gov, your entire based on the best scientific and found, submission—including any personal commercial data available and be as (d) Whether any of these features may identifying information—will be posted accurate and as effective as possible. require special management on the Web site. If your submission is Therefore, we request comments or considerations or protection; made via a hardcopy that includes information from other concerned (e) What areas, that were occupied at personal identifying information, you governmental agencies, Native the time of listing (or are currently may request at the top of your document American tribes, the scientific occupied) and that contain features that we withhold this information from community, industry, or any other essential to the conservation of the public review. However, we cannot interested parties concerning this species, should be included in the guarantee that we will be able to do so. proposed rule. We particularly seek designation and why, We will post all hardcopy submissions comments concerning: (f) What areas not occupied at the on http://www.regulations.gov. Please (1) The species’ biology, range, and time of listing are essential for the include sufficient information with your population trends, including: conservation of the species and why; comments to allow us to verify any (a) Habitat requirements for feeding, (7) Land use designations and current scientific or commercial information breeding, and sheltering; or planned activities in the areas you include. occupied by the species or proposed to (b) Genetics and taxonomy; Comments and materials we receive, be designated as critical habitat, and (c) Historical and current range as well as supporting documentation we possible impacts of these activities on including distribution patterns; used in preparing this proposed rule, this species and proposed critical (d) Historical and current population will be available for public inspection levels, and current and projected trends; habitat; (8) Information on the projected and on http://www.regulations.gov, or by and appointment, during normal business (e) Past and ongoing conservation reasonably likely impacts of climate change on the grotto sculpin and hours, at the U.S. Fish and Wildlife measures for the species, its habitat or Service, Columbia Missouri Ecological both. proposed critical habitat; Services Field Office (see FOR FURTHER (2) The factors that are the basis for (9) Any foreseeable economic, INFORMATION CONTACT). making a listing determination for a national security, or other relevant species under section 4(a) of the Act (16 impacts that may result from Public Meeting: We have scheduled a U.S.C. 1531 et seq.), which are: designating any area that may be public meeting to be held on Thursday, (a) The present or threatened included in the final designation. We October 11, 2012 at the Perryville destruction, modification, or are particularly interested in any Higher Education Center, 108 South curtailment of its habitat or range; impacts on small entities, and the Progress Drive, Perryville, MO 63775. (b) Overutilization for commercial, benefits of including or excluding areas Any interested individuals or recreational, scientific, or educational from the proposed designation that are potentially affected parties seeking purposes; subject to these impacts; additional information on the public (c) Disease or predation; (10) Whether our approach to meeting should contact the Columbia (d) The inadequacy of existing designating critical habitat could be Missouri Ecological Services Field regulatory mechanisms; or improved or modified in any way to Office (See FOR FURTHER INFORMATION (e) Other natural or manmade factors provide for greater public participation CONTACT). The U.S. Fish and Wildlife affecting its continued existence. and understanding, or to assist us in Service is committed to providing (3) Biological, commercial trade, or accommodating public concerns and access to this event for all participants. other relevant data concerning any comments; Please direct all requests for threats (or lack thereof) to this species (11) The likelihood of adverse social interpreters, close captioning, or other and existing regulations that may be reactions to the designation of critical accommodation to the Columbia addressing those threats; habitat and how the consequences of Missouri Ecological Services Field (4) Additional information concerning such reactions, if likely to occur, would Office (See FOR FURTHER INFORMATION the historical and current status, range, relate to the conservation and regulatory CONTACT) by 5 p.m. on October 4, 2012.

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Previous Federal Actions are distinguished from all other Cottus on the surface (Gerken 2007, p. 14). We first identified the grotto sculpin species, except banded sculpin, by the Adults increase in abundance at as a candidate species in a notice of complete lateral line terminating near resurgence sites in October, peak in review published in the Federal the base of the caudal fin and lack of December, and disappear from Register on June 13, 2002 (67 FR 40657). connection between dorsal fins (Adams resurgence sites in January (Adams et al. Candidate species are assigned listing et al. unpub. data). The grotto sculpin is 2008, p. 5). Such seasonal changes in priority numbers (LPNs) based on the distinct from the banded sculpin based adult abundance might be indicative of immediacy and magnitude of threats, as on a reduction in eye size and an a subterranean migration for spawning well as taxonomic status. The lower the increase in cephalic lateralis pore size (Adams 2005, p. 50). LPN, the higher priority that species is (Adams et al. unpub. data). Morphology The appearance of grotto sculpin for us to determine appropriate action of brain structures in hypogean young-of-year in spring and early using our available resources. The grotto individuals also differs significantly summer suggests late winter and early sculpin was assigned an LPN of 2 due from that of epigean banded sculpin, spring spawning (Day 2008, p. 18). The to imminent threats of a high including reduced optic and olfactory distance grotto sculpin travel upstream magnitude. On May 11, 2004, we lobes and enlarged inferior lobe of the in caves is unknown, but a nest has received a petition dated May 4, 2004, hypothalamus, eminentia granularis, been observed 0.6 meters (m) (2 feet (ft)) from The Center for Biological Diversity and crista cerebellaris (Adams 2005, pp. inside the cave portal at Thunderhole to list 225 candidate species, including 17–18). Resurgence, indicating they might stay the grotto sculpin. From 2004 through Population genetics of Cottus sculpin close to surface habitats (Adams et al. 2011, notices of review published in the in southeast Missouri also have been 2008, p. 8). Five nests, with Federal Register (69 FR 24876, 70 FR analyzed. Adams et al. (unpub. data) approximately 200 eggs each, were 24870, 71 FR 53756, 72 FR 69034, 73 FR conducted a population genetics study discovered within a 100-m (328-ft) area 75176, 74 FR 57804, 75 FR 69222, 76 FR of sculpin from the Bois Brule drainage in Mystery Cave in December 1998, 66370) continued to maintain an LPN of in Perry County, the Greasy Creek in suggesting synchronous spawning 2 for the species. Madison County, and the Current River within the cave (Adams 2005, p. 10). in Ripley County. Unique evolutionary Nests were adhered to the underside of Status Assessment for Grotto Sculpin lineages for each of the three areas, rocks in flowing water with a Background based on distinct nuclear haplotypes, temperature of 14 °C (57 °F). were identified and supported. A single Reproduction could occur as late as Species Description nuclear haplotype was identified among February or March in Cinque Hommes sampled individuals throughout the The grotto sculpin (Cottus sp. nov.) is Creek, based on the observation of yolk- Bois Brule drainage (Mystery Cave, a cave-dwelling fish that exhibits sac larvae and a single nest (Adams et Running Bull Cave, Rimstone River characteristics typical of troglomorphic al. unpub. data). Spawning could be Cave, Crevice Cave, Moore Cave, and (adapted to living in constant darkness) tied to water temperature, with Cinque Hommes Creek), a second from organisms, including greatly reduced or temperatures reaching optimum levels Greasy Creek, and a third from the absent eyes and skin pigmentation (Burr in caves as early as 2 to 3 months before Current River. Adams et al. (unpub. et al. 2001, p. 286). The grotto sculpin surface habitats, explaining why data) is in the process of formally is moderately-sized relative to other spawning was not observed describing the grotto sculpin as a species in the genus; the largest concurrently in those habitats (Adams specimen examined by Adams et al. taxonomically distinct species based on the combination of morphologic and 2005, pp. 10–11). Males remain present (unpub. data) was 104 millimeters (mm) at nests and guard rocks to which nests (4.1 inches (in)) standard length (SL). genetic uniqueness. Morphological data alone are not definitive in supporting a are attached (Adams et al. unpub. data). Taxonomy unique taxonomic unit; however, Young-of-year abundance increases The grotto sculpin belongs to the morphological data augmented by the between March and May at resurgence family Cottidae (Pflieger 1997, p. 253) results of genetic analyses by Adams et sites, and between April and May in and until recently was considered to be al. (unpub. data) support the divergence caves (Adams et al. 2008, p. 5). That a member of the banded sculpin (Cottus of grotto sculpin from other Cottus increase, coupled with decreased carolinae) complex. The banded sculpin species. recaptures, likely is a result of young-of- occurs in streams and rivers in adjacent year recruitment into the population. Life History and Habitat watersheds; however no other Cottus Adams et al. (2008, p. 7) classified overlaps the geographic range of the Grotto sculpin occupy cave streams, grotto sculpin 30 mm (1.2 in) or less in grotto sculpin. Burr et al. (2001, p. 293) resurgences (also known as ‘‘spring length to be juveniles. At this size they demonstrated that hypogean branches’’) (Vandike 1985, p. 10), can be tagged but are still susceptible to (underground) grotto sculpin found in springs, and two surface streams predation by adult sculpin as well as Perry County, Missouri, are (Adams 2012, pers. comm.; Burr et al. invasive fish. Grotto sculpin are morphologically distinct from the 2001, p. 284). Resurgences refer to the cannibalistic, with the young providing epigean (above ground) forms of banded point of emergence of a cave stream a potential food source for adults in an sculpin found outside the Cinque from the cave system and are an otherwise forage-limited environment Hommes Creek drainage in that they interface between strictly subterranean (Adams et al. 2008, p. 7). Seasonal exhibit obvious troglomorphic habitats (caves) and streams that flow decreases in abundance of young-of-year characteristics and other unique only on the surface. Age-class and juveniles likely are the result of anatomical variations. Although the distribution of grotto sculpin between spring and summer predation and occurrence of banded sculpin in cave and surface habitats shifts cannibalism in addition to other causes subterranean waters is well known, throughout the year, but in general, of mortality. Epigean fishes, such as none of these sculpin shows evidence of adults make up a higher percentage of green sunfish (Lepomis cyanellus), cave adaption exhibited by grotto overall grotto sculpin abundance in bluegill (L. macrochirus), and channel sculpin, and none is known to be a caves, whereas juveniles comprise a catfish (Ictalurus punctatus), can access permanent cave resident. Grotto sculpin higher percentage of overall abundance caves through sinkholes and are

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potential predators on eggs and two subsequent sampling trips (October streams where grotto sculpin have been juveniles (Burr et al. 2001, p. 284). to December 2007) was 610 m (2,001 ft) found. Cinque Hommes Creek is the Resurgences are used by juvenile in Mystery Cave (Adams et al. 2008, p. primary resurgence stream for caves in grotto sculpin as nursery areas, where 8). Such movements are seasonal and the Mystery-Rimstone Karst and Crevice the juveniles maximize growth before likely related to spawning and Cave in the Central Perryville Karst, migrating upstream into caves to avoidance behavior of juveniles to whereas Blue Spring Branch is the reproduce or downstream to surface escape predation by adult sculpin resurgence stream for the Moore Cave streams (Day 2008, p. 18). As juveniles (Adams et al. 2008, p. 7). In May 2008, System (Burr et al. 2001, p. 284). To grow, the potential for cannibalism an individual that was tagged date, over 153 additional caves in decreases and mortality rates stabilize, previously in Running Bull Cave was Arkansas, Illinois, Indiana, Missouri, resulting in increased recapture rates in recaptured in Thunderhole Resurgence, and Tennessee have been searched for caves. Both growth rate and metabolism evidencing the physical and biological grotto sculpin and epigean or hypogean are lower in caves versus resurgence connection of these two systems (Adams forms of banded sculpin. Of these, sites (Adams 2005, p. 61; Adams et al. et al. 2008, p. 8). banded sculpin was documented in 25 2008, p. 8). However, fish in both caves, but only fish in the Central Species Distribution and Status habitats reach comparable lengths, Perryville and Mystery-Rimstone karst alluding to greater longevity of fish in The grotto sculpin was first areas exhibited the cave adaptations caves (Adams et al. 2008, p. 8). documented in 1991 (Adams 2005, p. characteristic of grotto sculpin (Burr et Grotto sculpin tend to occur singly or 11). Burr et al. (2001, pp. 280, 284) al. 2001, p. 284). The full extent of the in small aggregations of 2 to 3 explored caves in five states that had species’ range is unknown because not individuals and can be found in the extensive areas of karst to delineate the all reaches in occupied cave systems open water or hidden under rocks (Burr geographic range of the grotto sculpin, can be accessed and not all potential, et al. 2001, p. 284). They occupy pools but found them to exist only in suitable caves, springs, and surface and riffles with moderate flows and Missouri. Nine karst areas in Perry streams have been surveyed (for variable depths (4 to 33 centimeters County, Missouri, were searched example, Keyhole Spring; Moss and (cm) (1.6 to 13 in)) (Burr et al. 2001, p. because sculpin (Cottus sp.) were Pobst 2010, p. 152). We consider the 284). Although grotto sculpin have been previously known to be present in those geographic range of the grotto sculpin to documented to occur over a variety of areas, and the karst geology in those be the extent of the Central Perryville substrates (for example, silt, gravel, nine areas could provide suitable and Mystery-Rimstone karst areas, cobble, rock rubble, and bedrock), the habitat for the grotto sculpin. Based on which encompass approximately 222 presence of cobble or pebble is that study, the grotto sculpin is km2 (89 mi2) (Service 2012 calculations necessary for spawning (Burr et al. currently restricted to two karst areas based on Burr et al. 2001, p. 282 and 2001, p. 284; Adams et al. unpub. data). (limestone regions characterized by sink Vandike 1985, p. 1). Gerken (2007, p. 16) examined habitat holes, abrupt ridges, caves, and There are no total population use by grotto sculpin in Mystery and underground streams) in Perry County, estimates for the grotto sculpin. Mystery Running Bull caves, Cinque Hommes Missouri: Central Perryville and (MC) and Running Bull (RBC) caves and Creek, and Thunderhole Resurgence. Mystery-Rimstone (Burr et al. 2001, p. their associated resurgence streams, Grotto sculpin tend to be associated 283). Cave systems such as these that Mystery Resurgence (MR) and with a high availability of invertebrate form beneath a sinkhole plain provide Thunderhole Resurgence (TR), prey, deeper cave pools, substrate substantial organic input and an respectively, apparently have the largest containing cobble, and some level of abundance of invertebrates. Such populations of grotto sculpin (Adams et sustained water flow (Gerken 2007, pp. systems might be the only habitats that al. 2008, p. 4). A study conducted from 16–17). Use of surface habitat by grotto provide sufficient food and sustained August 2005 to October 2008 yielded a sculpin is most influenced by an water flow to support grotto sculpin total of 6,265 captures (4,218 abundance of amphipods and isopods. populations (Burr et al. 2001, p. 291; individuals) at those four sites (Day When surface streams with fewer prey Day 2008, pp. 16–17). Peck and Lewis 2008, p. 12). The 2,684 (43 percent) items were used, available habitat was (1978, pp. 43–53) documented an captures in caves represented 1,642 more than 23 percent clay. Grotto abundance of potential prey items in the individuals, whereas 3,581 (57 percent) sculpin in caves occupied deeper pools karst region of southeast Missouri, captures in resurgences represented where cobble comprised at least 10 including isopods, amphipods, 2,576 individuals (Day 2008, pp. 13, 15). percent of available habitat, and where flatworms, and snails. Of the captured fish, 2,986 (MC–894, amphipods and isopods were in greater The grotto sculpin is restricted to Blue RBC–154, MR–376, TR–1562) were abundance. Lower abundances of grotto Spring Branch (from the Moore Cave tagged for a mark-recapture study. Mean sculpin were found in shallow cave System resurgence to the confluence recapture was higher in caves (46 pools where the substrate consisted of with Bois Brule Creek) and the Cinque percent) than resurgences (18 percent) silt deposits deeper than 1.9 cm (0.8 in) Hommes Creek drainage, including (Day 2008, p. 13). Grotto sculpin (Gerken 2007, p. 16). Silt covered more underlying caves and Cinque Hommes densities were significantly lower in overall area of available cave habitat, Creek, its tributaries, resurgences, and caves (0.037/m2 (0.398/ft2)) compared to and silt also was deeper in caves springs. Within the Cinque Hommes resurgence streams (0.225/m2 (2.42/ft2)) compared to surface sites (Gerken and Creek drainage, populations have been (Day 2008, p. 13). Density at Adams 2007, p. 76). documented in five cave systems: Moore Thunderhole Resurgence was Within and among caves and streams, Cave, Crevice Cave, Mystery Cave, significantly higher (0.610/m2 (6.57/ft2)) sculpin typically move 0 to 50 m (0 to Rimstone River Cave, and Running Bull than any other site surveyed (MC 0.036/ 164 ft) (Adams et al. 2008, p. 6). Over Cave (Adams et al. unpub. data; Adams m2 (0.388/ft2), RBC 0.113/m2 (1.22/ft2), multiple sampling trips, substantial 2012, pers. comm.). Within these cave MR 0.032/m2 (0.344/ft2)). migrations greater than 200 m (656 ft) systems, grotto sculpin occur in cave Capture success, recapture rates, and have been observed (range 0 to 830 m streams and associated resurgences and population density differ seasonally. (0 to 2,723 ft)). The largest single springs. Cinque Hommes Creek and The greatest number of grotto sculpin movement of sculpin observed between Blue Spring Branch are the only surface has been captured in summer, followed

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by spring, fall, and winter (Adams et al. and Plants. Under section 4(a)(1) of the areas to best characterize impairment of 2008, p. 5; Day 2008, p. 12). Overall Act, we may list a species based on any cave and surface streams. They found recapture rates were highest in fall and of the following five factors: (A) The all the recharge areas to be highly winter (32 percent each) and lower in present or threatened destruction, vulnerable and contain hazards from spring (25 percent) and summer (15 modification, or curtailment of its historical sinkhole dumps, agricultural percent). Overall recapture rates also habitat or range; (B) overutilization for practices without universal application were significantly lower at resurgence commercial, recreational, scientific, or of best management practices, sites than caves, regardless of season. educational purposes; (C) disease or ineffective private septic systems, and Recapture rates at caves were highest in predation; (D) the inadequacy of roads with contaminated runoff (Burr et winter (52 percent) and lowest in fall existing regulatory mechanisms; and (E) al. 2001, p. 294; Moss and Pobst 2010, (44 percent). Recapture rates at other natural or manmade factors p. 183). They noted additional hazards resurgence sites were highest in spring affecting its continued existence. Listing in the recharge area for Crevice Cave not (15 percent) and lowest in winter (7 actions may be warranted based on any found elsewhere, such as hazardous percent). Similar patterns of seasonal of the above threat factors, singly or in waste generators, wastewater outflows, changes in density were observed in combination. Each of these factors is storm water outflows, and underground caves and resurgences. In both habitats, discussed below. storage tanks for hazard waste, that densities were highest in summer, compound potential threats to Factor A. The Present or Threatened nearly equal in fall and spring, and groundwater and drinking water (Moss Destruction, Modification, or lowest in winter (Adams et al. 2008, p. and Pobst 2010, p. 184). Impacts to Curtailment of Its Habitat or Range 5). groundwater are not proportional to the Two mass mortalities of grotto sculpin The grotto sculpin is a cave-adapted area impacted in such a highly have been documented in Perry County. species that is endemic to karst habitats vulnerable landscape—a localized The first occurred in Running Bull Cave that provide consistent water flow, high pollution event can impact all aquatic in 2001, when the population was organic input, and connection to surface habitats downstream. completely lost (Burr et al. 2001, p. 294; streams, which allow for seasonal There are approximately 2 sinkholes Adams 2005, p. 40). The second migrations to complete its life cycle. per km2 (6 per mi2) in Perry County and occurred in Mystery Cave in August Nearly all of the land within the known 7 sinkholes per km2 (17 per mi2) in the 2005, and affected the uppermost 690 m range of the grotto sculpin is privately Central Perryville and Mystery- (2,264 ft) of cave stream (Adams et al. owned. Two exceptions are Ball Mill Rimstone karst areas (Missouri 2008, p. 6). Both events were thought to Resurgence Natural Area (19.5 ac (7.9 Department of Natural Resources 2010, have been caused by point-source ha)) and Keyhole Spring and Resurgence unpaginated). Recharge areas around pollution (Burr et al. 2001, p. 294; near Blue Spring Branch; both grotto sculpin caves contain up to four Adams et al. 2008, p. 6). Both caves properties are owned by the L–A–D times the number of sinkholes were recolonized following the die-offs, Foundation (a private foundation compared to other parts of the county or and grotto sculpin were captured 2 dedicated to sustainable forest other karst areas. Cave recharge areas in years after the mortality event in management and protection of natural the Central Perryville Karst contain an Running Bull Cave (Adams et al. 2003, and cultural areas in Missouri (http:// average of 8 sinkholes per km2 (22 per p. 7). Surveys were conducted as part of pioneerforest.org) and managed by the mi2), whereas those in the Mystery- a research study immediately following Missouri Department of Conservation Rimstone Karst contain an average of 4 the die-off in Mystery Cave (Adams et (MDC)). The municipality of Perryville per km2 (11 per mi2) (Missouri al. 2008, p. 6). From August 2005 is in the Central Perryville Karst Area Department of Natural Resources 2010, through March 2006, no grotto sculpin and is within the recharge area of unpaginated). Water flow in Perry were captured in the upstream sections Crevice Cave. Thirty-six percent (15.6 County karst systems occurs by way of of Mystery Cave. The first capture of a km2 (6.02 mi2)) of Perryville’s total area surface features, such as sinkholes and grotto sculpin after the die-off occurred of 43 km2 (16.6 mi2) lies within the karst losing streams, as well as connectivity in May 2006. The first recaptures of area, whereas 24 percent (10.4 km2 (4.02 to the underlying aquifer (Aley 1976, p. three individuals from three different mi2)) lies within the southern portion of 11; Fox et al. 2009, p. 5). Without stream sections (540, 560, and 570 m the recharge area of Crevice Cave adequate protection, sinkholes can (1772, 1837, and 1870 ft)) occurred in (recharge area defined by Moss and funnel storm-runoff directly into cave July 2006. Stream sections that Pobst 2012, pp. 151–152). systems in a short period of time (Aley supported the earliest recolonization of The karst in Perry County is 1976, p. 11; White 2002, p. 88; Fox et grotto sculpin in the upper sections (0 characterized by thousands of sinkholes al. 2010, p. 8838). to 690 m (0 to 2264 ft)) of Mystery Cave (Vandike 1985, p. 1) and over 700 caves Illegal Waste Disposal and Chemical were the most downstream portion of (Fox et al. 2009, p. 5). Water quality in Leaching—At least half of the sinkholes the stream in which the die-off occurred karst areas is highly vulnerable and can in Perry County have been or are (sections farthest away from the source severely decline with rapid currently used as dump sites for of contamination). The grotto sculpin transmission of contaminants from the anthropogenic waste (Burr et al. 2001, p. population in Mystery Cave increased surface to the aquifer (Panno and Kelly 294). Although it is illegal to dump over the next 3 years to more than 60 2004, p. 230). Moss and Pobst waste in open sites in Missouri, the individuals in 2007 (Adams et al. 2008, delineated recharge areas for known and practice continues today—sinkholes p. 8). potential grotto sculpin caves (2010, pp. continue to be used as dump sites for 146–160) and evaluated the household wastes, tires, and Summary of Factors Affecting the vulnerability of groundwater in the occasionally dead livestock (http:// Species recharge areas to contamination (2010, dnr.mo.gov/env/swmp/dumping/ Section 4 of the Act (16 U.S.C. 1533), pp. 161–190). Because the grotto sculpin enf_instruct.htm; Pobst 2012, pers. and its implementing regulations at 50 is dependent not only on caves, but uses comm). Moss and Pobst (2010, p. 169) CFR part 424, set forth the procedures surface habitat in addition to caves, observed that most historical farms in for adding species to the Federal Lists Moss and Pobst (2010, p. 161) evaluated the sinkhole plain had at least one of Endangered and Threatened Wildlife hazards within and adjacent to recharge sinkhole that contained household and

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farm waste. Waste material found in predator in its cave habitat (ATSDR levels of corn production were similar sinkholes includes, but is not limited to, 2002, unpaginated; Fox et al. 2010, p. in the two counties. Even at household chemicals, sewage, and 8839). The grotto sculpin depends on concentrations below U.S. pesticide and herbicide containers (Burr several species of cave amphipods, Environmental Protection Agency (EPA) et al. 2001, p. 294). Fox et al. (2010, p. including Gammarus sp. (Gerken 2007, criteria for protection of aquatic life, 8838) found that Perry County cave pp. 16–17; Fox et al. 2010, p. 8839). atrazine has been shown to reduce egg streams were contaminated by a mixture Dieldrin has been detected in the production and cause gonadal of organic pollutants that included both amphipod G. troglophilus through tissue abnormalities in fathead minnows current-use and legacy-use pesticides bioassays (Taylor et al. 2000, p. 10). (Tillett et al. 2010, pp. 8–9). Sex steroid and their degradation products. They Tarzwell and Croswell (1957, pp. 253– biosynthesis pathways and gonad found high concentrations of heptachlor 255) found that dieldrin was toxic to development in male goldfish epoxide and trans-chlordane, which are fathead minnow, bluegill, and green (Carassius auratus) were impacted by degradation products of the legacy-use sunfish (Lepomis cyanellus). Whereas atrazine in concentrations as low as 1 pesticides heptachlor and chlordane the species exhibited differences in nanogram per liter (ng/L) (Spano et al. (Fox et al. 2010, p. 8839). Heptachlor susceptibility, individuals of all species 2004, pp. 367–377). Concentrations of and chlordane were banned in 1988, but tested ultimately experienced loss of atrazine in Perry County ranged from 20 can persist in the environment through equilibrium followed by death (Tarzwell to 130 ng/L (Fox et al. 2010, p. 8838). storage in sediments above or below and Croswell 1957, p. 255). Li et al. (2009, pp. 90–92) showed that ground or leaking containers in Sinkholes have also been used as environmentally relevant concentrations sinkholes (ATSDR 1994a, unpaginated; disposal sites for dead livestock (Fox et of acetochlor can decrease circulating ATSDR 2007a, unpaginated). In water, al. 2009, p. 6; Moss and Pobst 2010, p. thyroid hormone levels, decrease heptachlor readily undergoes hydrolysis 170). Animal carcasses dumped into expression of thyroid hormone-related to a compound, which is then readily sinkholes and cave entrances are genes, affect normal larval development, processed by microorganisms into potentially diseased and could carry and affect normal brain development. heptachlor epoxide (ATSDR 2007b, p. pathogens that could be unintentionally Pyrene is known to cause anemia, 98). Heptachlor and chlordane are introduced into the groundwater neuronal cell death, and peripheral highly persistent in soils, are almost system. Decomposing animals in source vascular defects in larval fish (Incardona insoluble in water, and will enter water for cave streams also can lower et al. 2003, p. 191). Wan et al. (2006, pp. surface waters primarily though drift the dissolved oxygen and negatively 57–58) considered metolachlor to be and surface run-off (ATSDR 1994a, impact aquatic organisms. One of two slightly to moderately toxic to unpaginated; ATSDR 2007a, documented mass mortalities of the freshwater amphibians, crustaceans, and unpaginated). Although not specifically grotto sculpin was likely caused by a salmonid fishes. Wolf and Moore (2010, tested on the grotto sculpin, both dead cow in the surface stream above pp. 457, 464–465) demonstrated that heptachlor and chlordane are highly Mystery Cave (Adams 2012, pers. sublethal concentrations of metolachlor toxic to most fish species tested, comm.). adversely affected the chemosensory Contaminated Water—In cave streams including warm-water species such as behavior of crayfish and likely impacted sampled by Fox et al. (2010, p. 8838), bluegill (Lepomis macrochirus) and its ability to locate prey. These time-weighted average (TWA) water fathead minnow (Pimephales promelas) researchers also noted that this concentrations of 20 chemicals were at (Johnson and Finley 1980, pp. 19, 43– herbicide also caused physiological levels above method detection limits 44). Heptachlor caused degenerative impairment that likely impacted (MDLs); 16 of the 20 chemicals liver lesions, enlargement of the red locomotory behavior and predator originated from agricultural pest avoidance responses. Due to the blood cells, inhibited growth, and management activities. Acetochlor, mortality in bluegill (Andrews et al. importance of chemosensory organs to diethatyl-ethyl, atrazine, and the grotto sculpin, the presence of 1966, pp. 301–305). Heptachlor, desethylatrazine (DEA) were detected at heptachlor epoxide, and chlordane have metolachlor in occupied streams may all sites during both May and June impact this fish’s ability to locate prey. been shown to bioaccumulate in aquatic sampling periods. Pyrene, metolachlor, Additional potential adverse effects to organisms such as fish, mollusks, DEET, and pentachloroanisole were grotto sculpin from contaminants insects, plankton, and algae (ATSDR detected at all sites during sampling include increased susceptibility to fish 1994b, p. 172; ATSDR 2007b, p. 89). periods (Fox et al. 2010, p. 8838). There disease (Arkoosh et al. 1998, p. 188), Chemical leaching in sinkholes likely is a long list of potential impacts of increased immunosuppression (Arkoosh is a major contributor to the occurrence these chemicals on fish, including et al. 1998, p. 188), disruption of the of legacy-use pesticides, such as reductions in olfactory sensitivity, nervous system by inhibition of dieldrin, in aquatic habitats (Fox et al. immune function, and sex hormone cholinesterase (Hill 1995, p. 244), and 2010, p. 8840). Dieldrin, a domestic concentrations; endocrine disruption; an increase in acute or chronic stress pesticide used in the past to control and increased predation and mortality resulting in reduced reproductive corn pests and cancelled by the U.S. due to adverse effects to behavior success, alterations in blood and tissue Department of Agriculture (USDA) in (Alvarez and Fuiman 2005, pp. 229, chemistry, diuresis, osmoregulatory 1970 (ATSDR 2002, unpaginated), was 239; Rohr and McCoy 2010, p. 30). The dysfunction, and reduction in growth found at levels that exceeded ambient ubiquitous presence of current-use (Wedemeyer et al. 1990, pp. 452–453). water quality criterion by 17 times in pesticides, such as atrazine, was not As a result, potential water Mertz Cave and Thunderhole surprising based on the extensive contamination from various sources of Resurgence (Mystery-Rimstone Karst agricultural land use in Perry County. point and non-point source pollution Area) (Fox et al., p. 8839). Dieldrin is a Atrazine has been the most frequently poses a significant, ongoing threat to the known endocrine disruptor that detected herbicide in ground and grotto sculpin. bioaccumulates in animal fats, surface waters in Perry County (Fox et Vertical Drains—Potential especially those animals that eat other al. 2010, p. 8838) and in a similar karst contaminant problems with sinkholes animals and, therefore, is a concern for and agricultural landscape in Boone are further exacerbated by the presence the grotto sculpin because it is the top County, Missouri (Lerch 2011, p. 107); and continued installation of vertical

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drains across the agricultural landscape sediment directly from the surface documented on multiple occasions in Ste. Genevieve and Perry Counties through the bedrock into underground (Simon and Buikema 1997, pp. 387, 395; (Perry County Soil and Water caves, streams, and karst voids (Pobst Panno et al. 2006, p. 60) because septic Conservation District (PCSWCD) 2012, and Taylor 2007, p. 69). Although tank systems are poorly suited to karst unpaginated). Vertical drains are also USDA requires landowners to install a landscapes (Aley 1976, p. 12). Panno known as ‘‘stabilized sinkholes’’ and are minimum of 7.62 m (25 ft) of grassed and Kelly (2004, p. 229) listed septic defined by the U.S. Department of buffer around vertical drains to systems as potential contributors of Agriculture’s Natural Resources minimize erosion and the migration of excess nitrogen to streams in the karst Conservation Service (NRCS) as ‘‘a well, nutrients and contaminants into the region of southern Illinois. Septic pipe, pit, or bore in porous, groundwater system, this guideline is systems in the sinkhole plain can be underground strata into which drainage not strictly followed (Moss and Pobst direct conduits for introduction of water can be discharged without 2010, p. 170). Because vertical drains septic effluent directly into the shallow contaminating groundwater resources’’ are potential targets for illegal dumpling karst aquifer (Panno et al. 2001, p. 114). (NRCS 2006, p. 1). This conservation of liquid hazardous wastes (Fox et al. In a karst area in southwest Missouri, practice is meant to reduce erosion by 2010, p. 8839) and there is an absence poorly designed sewage treatment facilitating drainage of surface or of adequate buffers around some vertical lagoons were allowing effluent from a subsurface water. Vertical drains often drains, the migration of sediment and small, rural school to seep into the only result in more land available to the contaminants is easily facilitated (Moss known location for the federally listed farmer. As of 2012, the recharge areas and Pobst 2010, p. 171). Such a scenario Tumbling Creek cavesnail (Antrobia for known and potential grotto sculpin is supported by Fox et al.’s (2010, pp. culveri) (Aley 2003, unpaginated). habitat in the Central Perryville and 8835–8840) contaminant study in the Most of the rural residents in the Mystery-Rimstone karst areas contained karst region of Perry County. The long Central Perryville and Mystery- an average of 2.5 vertical drains per km2 list of harmful chemicals detected in the Rimstone karst areas employ on-site (7 per mi2), with the highest Fox et al. (2010, pp. 8835–8840) study septic systems (for example, in the concentrations in the recharge areas for is likely due to the migration of these Mystery Cave area) (Aley 1976, p. 12). Keyhole Spring, Ball Mill Spring, and contaminants directly from surface Failure of septic systems occurs in karst Mystery Cave (PCSWCD 2012, fields into the underground karst system areas of southeast Missouri, such as unpaginated). New vertical drains through vertical drains and sinkholes. those in Perry County, but detections continue to be installed on the Urbanization and Development—In are problematic because most failures landscape at a rate consistent with the addition to contamination from point are not obvious from the surface, but installation rate that occurred in the sources of pollution and improper trash instead occur underground into the 1990s, with approximately 40 new disposal, water quality of sculpin groundwater system (Aley 2012, pers. vertical drains installed at 15 properties habitats is negatively impacted by urban comm.). One instance of a septic system in Perry County in 2011 (PCSWCD 2012, growth of Perryville, located in the failure was observed by Aley (1976, p. unpaginated). recharge area for Crevice Cave (Moss 12) near Mystery Cave. Sewage was and Pobst 2010, p. 164). Crevice Cave being discharged to a septic field within The NRCS (2006, p. 2) noted that had the lowest amount of cropland and 100 ft (30.5 m) of the cave entrance and ‘‘significant additions to subsurface grassland within its recharge and the was contaminating the waters of the water sources may raise local water most chemical detections. In contrast, Mystery Cave system. Water samples tables or cause undesirable surface Mystery Cave had the most cropland collected by the Missouri Department of discharges down-gradient from the and grassland and fewest chemical Conservation within the range of the vertical drain.’’ The impact of vertical detections (Fox et al. 2010, p. 8840). grotto sculpin indicated the presence of drains on groundwater has been studied The only hazardous waste facility in the Escherichia coli at high levels, which on a limited basis and studies have Central Perryville and Mystery- might correspond to high inputs of directly linked groundwater and Rimstone karst areas is located in phosphorus from septic systems (Pobst drinking water contamination with Perryville. The facility is permitted by 2010, pers. comm.). Taylor et al. (2000, vertical drains (EPA 1999, unpaginated). the Missouri Department of Natural pp. 13–16) found that fecal According to the conditions set by the Resources as a large-volume hazardous contamination of karst groundwater is a NRCS, this practice can only be applied waste generator. Additional hazards in serious problem in southeast Missouri. when it will not contaminate Perryville include four other hazardous Among sampling locations in southeast groundwater or affect instream habitat waste generators; nine underground Missouri, water samples were taken by reducing surface water flows (NRCS storage tanks that could leak petroleum from streams and springs in Perry 2010b, p. 1). The NRCS provides a cost- products; two National Pollutant County that included sites within the share of up to 75 percent for installation Discharge Elimination System (NPDES) range of the grotto sculpin (Mertz Cave, of vertical drains to stop erosion (NRCS permits for wastewater outfalls; and Running Bull Cave, Thunderhole 2010b; 2011; 2012) and has conservation seven NPDES permits for storm water Resurgence, and Cinque Hommes Creek) practice and construction standards that discharge, leaking sewer lines, or lines (Taylor et al. 2000, pp. 48–49). High include secure placement of the that remain plumbed into the caves fecal bacterial loads were found in standpipe, appropriate fill material below (Missouri Department of Natural groundwater of grotto sculpin habitats around the drainage pipe, and a filter Resources (MDNR) 2010, unpaginated). and can be a combination of both system around the drain (NRCS 2006a, Most of the runoff water in areas that human and animal wastes (Taylor et al. pp. 1–2; 2006b, pp. 1–3). Without recharge aquatic habitats for the grotto 2000, p. 14). implementation of the suite of sculpin moves quickly into the No animal feeding operations (AFOs) standards, vertical drains might allow groundwater system with ineffective or concentrated animal feeding contaminated water to flow directly into natural filtration, and the same is true operations (CAFOs) are present in the caves without naturally occurring for waste waters from septic systems recharge areas of grotto sculpin habitat filtration (Pobst and Taylor 2007, p. 69). (Aley 2012, pers. comm.). (MDNR 2010), but there are smaller Vertical drains act as conduits for all Contamination of groundwater by septic livestock feeding areas that are in surface water, contaminants, and systems in karst areas has been sinkholes or near sinkhole drainage

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points (Aley 1976, p. 12; Moss and Adams 2007, p. 76), and the threshold Environmental impacts of sand mining Pobst 2010, p. 166). Large amounts of of siltation that renders cave habitat are primarily limited to disturbance of manure can be flushed through unsuitable for grotto sculpin has not yet the immediate area. The current sinkholes and carry associated bacteria been determined. operation in Perry County is partially and pathogens into cave streams. Waste Industrial Sand Mining—Industrial within the Joachim Dolomite formation from mammalian sources, including sand is also known as ‘‘silica,’’ ‘‘silica and at the western edge of the sinkhole humans and livestock, can increase sand,’’ and ‘‘quartz sand,’’ and includes plain with approximately four sinkholes nutrient loads and lower dissolved sands with high silicon dioxide content. occurring in the immediate vicinity. oxygen in the groundwater (Simon and Silica sand production in the United Erosion of soil and disturbed Buikema 1997, p. 395; Panno et al. States was 29.3 million metric tons (Mt), overburden could occur and increase 2006, p. 60). Hypoxia resulting from an increase of 5.3 Mt from 2009 to 2010 the sediment loads in adjacent surface eutrophication due to increases in (U.S. Geological Survey (USGS) 2012, p. waters and cave streams via runoff. For nutrient load (especially phosphorus) 66.6). The Midwest leads the Nation in example, a portion of the existing can lead to mortality and sublethal industrial sand and gravel production, mining operation is within the Bois effects by reducing the availability of accounting for 49 percent of the annual Brule watershed. Sediment-laden runoff oxygen needed by fish for locomotion, total (USGS 2012, p. 66.1). One end-use could enter Blue Spring Branch, one of growth, and reproduction (Kramer 1987, of silica sand is as a propping agent for the surface streams occupied by the p. 82; Gould 1989–1990, p. 467), Barton hydraulic fracturing. Higher production grotto sculpin. As described above, and Taylor (1996, p. 361) reported that of silica sand in 2010 was primarily sedimentation can change the structure low dissolved oxygen levels can cause attributable to an increasing demand for of grotto sculpin habitat and negatively changes in cardiac function, increased hydraulic fracturing sand because of impact reproduction and predator respiratory and metabolic activity, continuing exploration and production avoidance. Presence of the current alterations in blood chemistry, of natural gas throughout the United facility, only 0.5 km (0.3 mi) and 1.6 km mobilization of anaerobic energy States. Conventional natural gas sources (1 mi) from the Central Perryville Karst pathways, upset in acid-base balance, have become less abundant, leading and Crevice Cave recharge area, reduced growth, and decreased drilling companies to turn to deep respectively, shows that such operations swimming capacity of fish. natural gas and shale gas. Of the 29.3 Mt can and do occur in the Joachim Sedimentation—Concerns with of silica sand sold or used in the United Dolomite formation and immediately sedimentation (actual deposition of States, 12.1 Mt (41 percent) was used for adjacent to grotto sculpin habitat. We sediment, not the transport) and wash hydraulic fracturing in the petroleum currently are unaware of any plans for load (portion of the sediment in industry (USGS 2012, p. 66.10). As of new facilities or expansions of current transport that is generally finer than the 2010, the price per ton for industrial facilities. However, based on the sediment) (as defined by Biedenharn et silica sand was $45.24 in the United presence of one existing operation, the al. 2006, pp. 2–6) relative to impacts to States (USGS 2012, p. 66.11). In occurrence of St. Peter Sandstone in grotto sculpin habitat are primarily the addition to new facilities, existing Perry County, as well as recent growth transport of contaminants and the hydraulic fracturing sand operations of the hydraulic fracturing industry and deposition of excessive amounts of increased production capacity to meet associated increased demand for silica sediment in cave streams. Soils in the the surging demand for sand. sand, it is likely that increased sand Central Perryville and Mystery- Mining for silica sand in Missouri mining activity will occur in the future Rimstone karst areas are dominated by occurs in the St. Peter Sandstone in in areas where the grotto sculpin occurs. highly erosive loess. Sediment Jefferson, Perry, and St. Louis Counties We consider sand mining to be a transported into the karst groundwater (USGS 2011, p. 27.2). The St. Peter potentially significant threat to the can include agricultural chemicals that Sandstone formation is directly adjacent species in the future. are bound to soil particles as evidenced to (to the west) the Joachim Dolomite by findings of Fox et al. (2010, p. 8840). formation that forms the karst habitat for Summary of Factor A Fox et al. (2010, p. 8840) determined the grotto sculpin in Perry County. The All of the recharge areas for caves that turbidity of streams in grotto interface between these two formations occupied by the grotto sculpin are sculpin caves in Perry County was generally comprises the western borders highly vulnerable and contain hazards positively correlated with total chemical of the Central Perryville and Mystery- from historical sinkhole dumps, and DEA concentrations. Additionally, Rimstone karst areas. Four companies in agricultural practices without universal Gerken and Adams (2007, p. 76) noted Missouri produced 0.9 Mt of high-purity application of best management that siltation was a major problem in sand from the St. Peter Sandstone practices, ineffective private septic grotto sculpin sites and postulated that formation (USGS 2011, p. 27.2). The systems, and degraded runoff from silt likely reduced habitat available to existing operation in Perry County lies roads. Hazardous waste facilities, this fish. 5.6 km (3.5 mi) northwest of Perryville outfalls for waste and storm water, and Excessive siltation in aquatic systems and involves open pit mining on 101 ha underground storage tanks are found in can be problematic for fish because it (250 acres). This producer specializes in the recharge area for Crevice Cave that can change the overall structure of the 40 to 70 and 70 to 140 size-grades that are not found in other parts of the habitat (Berkman and Rabeni 1986, pp. were used by the oil and gas well- species’ range. Cave recharge areas in 291–292). Silt can fill voids in rock servicing industry as a hydraulic the Central Perryville Karst contain an substrate that are integral components of fracture propping agent in shale average of 23 sinkholes per km2 (58 per habitat for reproduction and predator formations (USGS 2010, p. 27.2). mi2), whereas those in the Mystery- avoidance. The grotto sculpin occurs in Sand mining is typically Rimstone Karst contain an average of 11 habitats with some level of sediment accomplished using open pit or per km2 (27 per mi2). Water deposition (Gerken 2007, pp. 16–17, 23– dredging methods with standard mining contamination from various sources of 25). However, siltation beyond what equipment and without the use of point and non-point source pollution occurred historically could limit the chemicals. Sand can be mined from poses a significant, ongoing threat to the amount of suitable habitat available outcrops or by removing overburden to grotto sculpin. Water flow in karst (Gerken 2007, pp. 27–28; Gerken and reach subsurface deposits. systems occurs by way of surface

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features, such as sinkholes and losing loads and lower dissolved oxygen in the The migration and persistence of streams, as well as connectivity to the groundwater. invasive, epigean fish species into cave underlying aquifer. Sinkholes can Concerns with sedimentation and environments poses an ongoing and funnel storm-runoff that carries wash load are primarily the transport of pervasive threat to the grotto sculpin contaminants directly into cave systems contaminants and the deposition of because of unnatural levels of predation in a short period of time and severely sediment in cave streams. Turbidity of on eggs, young-of-year, and juveniles. degrades water quality. cave streams is positively correlated Predation beyond what occurs naturally At least half of the sinkholes in Perry with chemical concentrations, among adult and juvenile grotto sculpin County have been, or are currently used indicating that chemicals can bind to can reduce population levels to an as, dump sites for anthropogenic waste sediment particles and be transported unsustainable level and may render a including household chemicals, sewage, by surface runoff. Siltation beyond what population unrecoverable in the face of pesticide and herbicide containers, and occurred historically could limit the an unexpected mass mortality. animal carcasses. Cave streams in Perry amount of suitable habitat available; County are contaminated with current- abnormally high deposition of sediment Factor D. The Inadequacy of Existing use and legacy-use pesticides that enter in cave systems can be problematic for Regulatory Mechanisms cave systems through storm runoff or aquatic life as it can fill voids in rock The primary causes of the grotto via leaching in sinkholes. The majority substrate that are integral components of sculpin’s decline are degradation of of chemicals that have TWAs at levels grotto sculpin habitat. aquatic resources from illegal waste above MDLs originated from agricultural Industrial sand mining is occurring in disposal in sinkhole dumps, chemical pest management activities and Perry County just outside the range of leaching, urban development, and included acetochlor, diethatyl-ethyl, the grotto sculpin, but within the Bois sedimentation. Existing Federal, State, atrazine, and desethylatrazine (DEA), Brule watershed. The mining operation and local laws have not been able to pyrene, metolachlor, DEET, and near Perryville lies in the interface prevent impacts to the grotto sculpin pentachloroanisole. Atrazine has been between the St. Peter Sandstone and and its habitat, and the existing the most frequently detected herbicide Joachim Dolomite formations. Current regulatory mechanisms are not expected in ground and surface waters in Perry mining operations could exacerbate to prevent causes of grotto sculpin County. Even at concentrations below erosion and sedimentation problems in decline in the future. EPA criteria for protection of aquatic the sinkhole plain and negatively The grotto sculpin is not protected life, atrazine has been shown to reduce impact grotto sculpin habitat. under the Missouri State Endangered egg production and cause gonadal Furthermore, anticipated expansions of Species Law (MO ST 252.240) because abnormalities in fish. current operations or development of it has not been formally recognized as Potential contaminant problems with new operations to meet increasing a distinct species, but is afforded some sinkholes are further exacerbated by the demand of silica sand could pose a recognition by the Missouri Department presence and continued installation of more serious threat in the future. of Conservation as a Missouri Species of vertical drains across the agricultural Conservation Concern. All species in landscape. This practice, meant to Factor B. Overutilization for the State of Missouri are protected as reduce erosion by facilitating drainage Commercial, Recreational, Scientific, or biological diversity elements such that of surface or subsurface water, results in Educational Purposes no harvest is permitted unless a method more land available to the farmer. As of Although some specimens of the of legal harvest is described in the 2010, the recharge areas for known and grotto sculpin have been taken for permissive Wildlife Code. No method of potential grotto sculpin habitat in the scientific investigations, we do not legal harvest is permitted for the grotto Central Perryville and Mystery- consider such collection activities to be sculpin. Rimstone karst areas contain an average at a level that poses a threat to the The Missouri Department of Natural of 2.4 vertical drains per km2 (6.2 per species. We do not have records of any Resources establishes water quality and mi2). Vertical drains have been linked individuals being taken for commercial, solid waste standards that are protective directly to contamination of recreational, or educational purposes. of aquatic life. The Missouri Clean groundwater and water used for human Water Law of 1972 (MO ST 644.006– Factor C. Disease or Predation consumption. Vertical drains also act as 644.141) addresses pollution of the attractive nuisances because, like Predation by invasive, epigean fish waters of the State to prevent threats to sinkholes, they are potential targets for poses a threat to eggs, young-of-year, public health and welfare; wildlife, fish illegal dumping of hazardous waste. and juvenile grotto sculpin. Farm ponds and aquatic life; and domestic, Risk from agricultural land use and are human-made features, as opposed to agricultural, industrial, recreational, and point sources of pollution, such as natural aquatic habitats, that often are other legitimate uses of water. It is sinkhole dumps, are not the only stocked with both native and nonnative unlawful for any person: (1) To cause concern on the Perry County landscape. fishes for recreational purposes. Fish pollution of any waters of the State or The recharge area for Crevice Cave from farm ponds enter cave systems to place or cause or permit to be placed contains the city of Perryville. Urban through sinkholes when ponds are any water contaminant in a location growth and hazards, such as hazardous unexpectedly drained (Burr et al. 2001, where it is reasonably certain to cause waste facilities, underground storage p. 284) or after high-precipitation pollution of any waters of the State; (2) tanks, wastewater discharges, and events. Predatory fish were documented to discharge any water contaminants poorly maintained septic systems, in to occur in all of the caves occupied by into any waters of the State which and around the city are threats to water the grotto sculpin, and include common reduce the quality of such waters below quality in the range of the grotto carp (Cyprinus carpio), fathead minnow the water quality standards established sculpin. Potential threats in more rural (Pimephales promelas), yellow bullhead by the commission; or (3) to violate any areas of Perry County include (Ameiurus natalis), green sunfish regulations regarding pretreatment and introduction of manure and associated (Lepomis cyanellus), bluegill (Lepomis toxic material control, or to discharge bacteria and pathogens into sinkholes macrochirus), and channel catfish any water contaminants into any waters from small livestock feeding areas. Such (Ictalurus punctatus) (Burr et al. 2001, of the State which exceed effluent contaminants can increase nutrient p. 284). regulations or permit provisions as

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established by the commission or dibromochloropropane), total dissolved and Adams (2007, p. 76) and Fox et al. required by any Federal water pollution solids, and chloride (USEPA 1999). (2010, pp. 8835–8841). control act (MO ST 644.051). Based on Furthermore, studies have documented Summary of Factor D documented levels of contaminants that ADWs contribute to, or cause, present in the cave streams of Perry contamination of groundwater. Nitrate Despite some existing regulatory County (Fox et al. 2010, pp. 8835–8841), contamination of groundwater in mechanisms that provide protection for the Missouri Clean Water Law of 1972 agricultural areas has been documented, the grotto sculpin and its habitat, the is insufficient to prevent water as has contamination from direct grotto sculpin continues to decline due degradation in grotto sculpin habitat. discharge of septic tanks (USEPA 1999). to the effects of a wide array of threats (see Factors A, C, and E). Existing According to the Missouri State Waste As noted above, Class V injection wells Federal and State water quality laws Management Law of 1972 (MO ST are covered under the Missouri Clean and State waste management law can be 260.210), it is illegal to dump waste Water Law of 1972, but the existing applied to protect water quality in materials into sinkholes. Regulations regulations are inadequate to prevent under the Federal Clean Water Act of surface and cave streams occupied by deposition of contaminants documented 1972 (CWA; 33 U.S.C. 1251 et seq.) the grotto sculpin; however these laws in occupied grotto sculpin habitats of would apply if a point-source for the have not been sufficient to prevent Perry County, as evidenced by the pollution could be determined. Discrete continued habitat degradation and pollution events that impact cave results of Fox et al. (2010, pp. 8835– population declines. Although harvest systems are problematic even if a point- 8841). of grotto sculpin is not permitted in the source can be determined because it can There are no water quality ordinances Missouri Wildlife Code, the species has be extremely difficult to assess damages in effect in Perry County beyond not been protected under Missouri to natural resources such as troglobitic minimum State standards in the Code of Endangered Species Law because it has biota that live underground. Cave State Regulations (19 CSR 20–3.015) not been formally recognized as a systems are recharged by surface water and, therefore, no limitations for onsite distinct species. The existing regulatory and groundwater that typically travel septic construction as long as septic mechanisms provide little direct several miles before resurfacing from systems are built on properties greater protection of water quality in grotto cave openings and spring heads than 1.2 ha (3 ac) and the system is at sculpin habitat, which is the most (Vandike 1985, p. 3). least 3.1 m (10 ft) from the property line. significant threat to the species, and are Once a sinkhole has been modified to A more protective ordinance has been inadequate to address threats to the function as a vertical drain, it becomes adopted in Monroe County, Illinois, species throughout its range. We have a Class V Injection Well (alternatively where the soils and topography are very no information to indicate that the known as an ‘‘agricultural drainage similar to Perry County (Monroe County aforementioned regulations, which well’’ (ADW)) as defined by the EPA Zoning Code 40–5–3, chapter 40–4–29). currently do not offer adequate (1999, unpaginaged). The Safe Drinking The ordinance in Monroe County protection to the grotto sculpin, will be Water Act of 1974 (42 U.S.C. 300f et prohibits placement of any substances revised or implemented in such a seq.) and later amendments established or objects in sinkholes, alteration of manner so that they would be adequate the Federal Underground Injection sinkholes, and development in to provide protection for the species in Control (UIC) Program. The State of sinkholes. The stated purpose of the the future. Missouri has obtained primacy from the ordinance is, ‘‘to reduce the frequency Factor E. Other Natural or Manmade UEPA for the UIC program, and the of structural damage to public and Factors Affecting Its Continued Class V Injection Well program derives private improvements by sinkhole Existence its authorities from Missouri Clean collapse or subsidence and to protect, Water Law (MO ST 644) (MDNR 2006, Small, Isolated Populations—The preserve and enhance sensitive and p. 2). By definition, ADWs can receive existing grotto sculpin populations are valuable potable groundwater resource ‘‘excess surface and subsurface water small in size and range and its areas of karst topography, thus from agricultural fields, including distribution is restricted to short stream irrigation tailwaters and natural protecting the public health, safety and reaches in two watersheds. The grotto drainage resulting from precipitation, welfare and insuring orderly sculpin’s small population size makes it snowmelt, floodwaters, etc. ADWs may development within the County.’’ extremely susceptible to extirpation also receive animal yard runoff, feedlot Greene County, Missouri, also is in a from a single catastrophic event (such as runoff, dairy runoff, or runoff from any sinkhole plain and has adopted special a toxic chemical spill or storm event other agricultural operation’’ (USEPA regulations relative to construction of that destroys its habitat), thus reducing 1999). In addition to potential threats onsite septic systems. They require that the ability to recover from the from permitted injectants, ADWs are systems are constructed above the cumulative effects of smaller chronic vulnerable to spills from manure sinkhole flooding area, which is defined impacts to the population and habitat lagoons and direct discharge from septic as ‘‘the area below the elevation of the such as progressive degradation from tanks, as well as release of agricultural lowest point on the sinkhole rim or the water contamination. substances, such as motor oil and areas inundated by runoff from a storm Environmental stressors, such as pesticides (USEPA 1999). Data from with an annual exceedance probability habitat loss and degradation, can water sampling indicate that nitrate is a of 1 percent (100-year storm) and a exacerbate potential problems primary constituent in ADW injectate duration of 24 hours (8 inches of rain in associated with the species’ endemism and likely exceeds health standards Green County)’’ (Green County 2003, p. (i.e., restricted to five cave systems in (USEPA 1999). Other constituents that 3–9). The minimum standards in the one county) and overall small also have exceeded primary or Code of State Regulations (19 CSR 20– population size, increasing the species’ secondary drinking water standards or 3.015) for water quality standards in vulnerability to localized or rangewide health advisory levels are boron, sulfate, Missouri are not protective enough to extinction (Crnokrak and Roff 1999, p. coliforms, pesticides (cyanazine, prevent the deposition of silt and 262; Hedrick and Kalinowski 1999, pp. atrazine, alachlor, aldicarb, carbofuran, contaminants into occupied grotto 142–146). The isolation of 1,2-dichloropropane, and sculpin habitats, as reported by Gerken subpopulations of the grotto sculpin

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make it vulnerable to extinction and ‘‘climate change’’ are defined by the reproduction in grotto sculpin (Adams loss of genetic diversity caused by Intergovernmental Panel on Climate 2005, pp. 10–11). Climate warming genetic drift, inbreeding depression, and Change (IPCC). ‘‘Climate’’ refers to the might also decrease groundwater levels stochastic events (Willis and Brown mean and variability of different types (Schindler 2001, p. 22) or significantly 1985, p. 316). Small, isolated of weather conditions over time, with 30 reduce annual stream flows (Moore et populations are more susceptible to years being a typical period for such al. 1997, p. 925; Hu et al. 2005, p. 9). genetic drift, possibly leading to fixation measurements, although shorter or In the Missouri Ozarks, it is projected where all except one allele is lost, and longer periods also may be used (IPCC that stream basin discharges may be population bottlenecks leading to 2007, p. 78). The term ‘‘climate change’’ significantly impacted by synergistic inbreeding (Frankham et al. 2002, pp. thus refers to a change in the mean or effects of changes in land cover and 178–187). Inbreeding depression can variability of one or more measures of climate change (Hu et al. 2005, p. 9), result in death, decreased fertility, climate (for example, temperature or and similar impacts are anticipated in smaller body size, loss of vigor, reduced precipitation) that persists for an the karst regions of Perry County, fitness, various chromosome extended period, typically decades or Missouri. Grotto sculpin require deep abnormalities, and reduced resistance to longer, whether the change is due to pools in caves, which could decrease in disease (Hedrick and Kalinowski 1999, natural variability, human activity, or availability under drought conditions. pp. 139–142). Even though some both (IPCC 2007, p. 78). Various types Overall, shallower water or reduced populations fluctuate naturally, small of changes in climate can have direct or flows could further concentrate and low-density populations are more indirect effects on species. These effects contaminants present and lower likely to fluctuate below a minimum may be positive, neutral, or negative, dissolved oxygen in cave habitats. viable population (the minimum or and they may change over time, Summary of Factor E threshold number of individuals needed depending on the species and other in a population to persist in a viable relevant considerations, such as the The small size and isolation of grotto state for a given interval) if they are effects of interactions of climate with sculpin populations, loss of genetic influenced by stressors beyond those other variables (for example, habitat diversity, and effects from climate under which they have evolved (Shaffer fragmentation) (IPCC 2007, pp. 8–14, change could exacerbate other factors 1981, p. 131; Shaffer and Samson 1985, 18–19). In our analyses, we use our negatively affecting the species. These additional factors are particularly pp. 148–150; Gilpin and Soule 1986, pp. expert judgment to weigh relevant detrimental when combined with other 25–33). For example, grotto sculpin in information, including uncertainty, in factors, such as habitat and water Running Bull Cave exhibit the most our consideration of various aspects of quality degradation, and predation by distinct morphological adaptations to climate change. As is the case with all invasive fish, which has a greater the cave environment and are the only stressors that we assess, even if we cumulative impact than would any of individuals in the Cinque Hommes conclude that a species is currently those factors acting independently (for Creek drainage to have a rare genetic affected or is likely to be affected in a example, compromised health from haplotype (Adams 2005, p. 49). One of negative way by one or more climate- poor water quality might increase the two known mass mortalities caused related impacts, it does not necessarily predation risk). by a pollution event occurred in follow that the species meets the Running Bull Cave and temporarily definition of an ‘‘endangered species’’ or Proposed Determination eliminated grotto sculpin from the site. a ‘‘threatened species’’ under the Act. If We have carefully assessed the best Grotto sculpin eventually recolonized a species is listed as an endangered or scientific and commercial information the cave, but recolonization did not threatened species, knowledge regarding available regarding the past, present, necessarily occur through local the vulnerability of the species to, and and future threats to the grotto sculpin. recruitment, but possibly through known or anticipated impacts from, Numerous major threats, acting immigration by individuals from climate-associated changes in individually or synergistically, continue connected populations. Running Bull environmental conditions can be used today (see Summary of Factors Affecting Cave might serve as either a primary site to help devise appropriate strategies for the Species). The most substantial of population connectivity or its recovery. threats to the species come from the interaction and act as a connecting The impact of climate change on the present or threatened destruction, stream between otherwise isolated grotto sculpin is uncertain. The species modification, or curtailment of its localities (Mystery and Rimstone River is totally dependent on an adequate habitat (Factor A). Although no clear Caves) (Day 2008, p. 52). Even though water supply and has specific habitat estimates of historical population haplotype diversity post-extirpation was requirements (water depth and numbers for the grotto sculpin exist in comparable to that previously measured connectivity of caves and surface sites); order to determine whether or not (Day 2008, p. 54), it is possible that we expect that climate change could dramatic population declines have previously undocumented haplotypes significantly alter the quantity and occurred in the past, two mass were lost and will not be recovered. Day quality of grotto sculpin habitat and mortalities have been documented since (2008, p. 54) notes that extirpation thus impact the species in the future. the early 2000s. Both mortality events events of longer duration or greater This species relies on surface water for are thought to have been caused by severity could negatively impact overall energy input into the cave system, point-source pollution of surface waters genetic diversity. Furthermore, this recharge of groundwater, and that recharge cave streams occupied by scenario is illustrative of the potential availability of surface streams. Potential the grotto sculpin. for extirpation of entire subpopulations adverse effects from climate change The known factors negatively and the cascading effects on connected include increased frequency and affecting the grotto sculpin have subpopulations. duration of droughts (Rind et al. 1990, continued to impact the species’ habitat Climate Change—Our analyses under p. 9983; Seager et al. 2007, pp. 1181– since it was elevated to candidate status the Act include consideration of 1184; Rahel and Olden 2008, p. 526) in 2002 (67 FR 40657; June 13, 2002). ongoing and projected changes in and changes in water temperature, All of the recharge areas for known climate. The terms ‘‘climate’’ and which likely serves as a cue for grotto sculpin habitat are considered

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vulnerable. It is believed that the Furthermore, existing regulatory they no longer need the protective primary threats to the species are habitat mechanisms provide little direct measures of the Act. Subsection 4(f) of destruction and modification from water protection of water quality in grotto the Act requires the Service to develop quality degradation and siltation. In sculpin habitat, which is the most and implement recovery plans for the particular, documentation that a suite of significant threat to the species. In conservation of endangered and chemicals and other contaminants is addition to the individual threats, threatened species. The recovery continuously entering the groundwater primarily those discussed under Factors planning process involves the above levels that can be harmful to A and E, each of which is sufficient to identification of actions that are aquatic life is especially concerning. warrant the species’ listing, the necessary to halt or reverse the species’ Potential sources and vehicles for cumulative effect of Factors A, C, D, and decline by addressing the threats to its introduction of pollution likely are E is such that the influence of threats on survival and recovery. The goal of this industrialization, contaminated the grotto sculpin are significant process is to restore listed species to a agricultural runoff, sinkhole dumps, and throughout its entire range. point where they are secure, self- vertical drains installed without Overall, impacts from increasing sustaining, and functioning components appropriate best management practices. threats, operating singly or in of their ecosystems. A variety of current- and legacy-use combination, are likely to result in the Recovery planning includes the pesticides from agricultural runoff and extinction of the species. Because these development of a recovery outline sinkhole leaching, evidence of human threats are placing the species in danger shortly after a species is listed, and waste from ineffective septic systems, of extinction now and not only at some preparation of a draft and final recovery and animal waste from livestock point in the foreseeable future, we plan. The recovery outline guides the operations have been detected in grotto determined it is endangered and not immediate implementation of urgent sculpin streams. These not only threatened. Therefore, on the basis of recovery actions and describes the negatively affect the grotto sculpin the best available scientific and process to be used to develop a recovery directly but also the aquatic ecosystems commercial information, we propose plan. Revisions of the plan may be done and aquifer underlying the Perry County listing the grotto sculpin as an to address continuing or new threats to sinkhole plain. endangered species in accordance with the species, as new substantive Siltation beyond historical levels sections 3(6) and 4(a)(1) of the Act. information becomes available. The affects the grotto sculpin in a variety of Under the Act and our implementing recovery plan identifies site-specific ways, such as eliminating suitable regulations, a species may warrant management actions that set a trigger for habitat for all life stages, reducing listing if it is threatened or endangered review of the five factors that control dissolved oxygen levels, increasing throughout all or a significant portion of whether a species remains endangered contaminants (that bind to sediments), its range. The grotto sculpin proposed and reducing prey populations. for listing in this rule is highly restricted or may be downlisted or delisted, and Predation on eggs, larvae, and juveniles in its range and the threats occur methods for monitoring recovery by nonnative epigean fish can further throughout its range. Therefore, we progress. Recovery plans also establish reduce population numbers and will be assessed the status of the species a framework for agencies to coordinate a more prominent threat if siltation throughout its entire known range. The their recovery efforts and provide continues to degrade cave habitats to the threats to the survival of the species estimates of the cost of implementing point where refugia from predatory fish occur throughout the species’ range and recovery tasks. Recovery teams are no longer available to the grotto are not restricted to any particular (comprised of species experts, Federal sculpin. significant portion of that range. and State agencies, nongovernment The Act defines an endangered Accordingly, our assessment and organizations, and stakeholders) are species as ‘‘any species which is in proposed determination applies to the often established to develop recovery danger of extinction throughout all or a species throughout its entire range. plans. When completed, the recovery significant portion of its range’’ and a outline, draft recovery plan, and the threatened species as ‘‘any species Available Conservation Measures final recovery plan will be available on which is likely to become an Conservation measures provided to our Web site (http://www.fws.gov/ endangered species within the species listed as endangered or endangered), or from our Columbia foreseeable future throughout all or a threatened under the Act include Missouri Ecological Services Field significant portion of its range.’’ The recognition, recovery actions, Office (see FOR FURTHER INFORMATION grotto sculpin’s endemism and isolated requirements for Federal protection, and CONTACT). populations make it particularly prohibitions against certain practices. Implementation of recovery actions susceptible to multiple, continuing Recognition through listing results in generally requires the participation of a threats and stochastic events that could public awareness and conservation by broad range of partners, including other cause substantial population declines, Federal, State, Tribal, and local Federal agencies, States, Tribal, loss of genetic diversity, or multiple agencies, private organizations, and nongovernmental organizations, extirpations, leading ultimately to individuals. The Act encourages businesses, and private landowners. extinction of the species. Temporary cooperation with the States and requires Examples of recovery actions include extirpations of two of five known that recovery actions be carried out for habitat restoration (e.g., restoration of populations have occurred in the recent all listed species. The protection native vegetation), research, captive past. Recolonization after such mortality required by Federal agencies and the propagation and reintroduction, and events is dependent on the presence and prohibitions against certain activities outreach and education. The recovery of accessibility of source populations. are discussed, in part, below. many listed species cannot be Continued threats to the species not The primary purpose of the Act is the accomplished solely on Federal lands only impact individual populations, but conservation of endangered and because their range may occur primarily also decrease the viability of source threatened species and the ecosystems or solely on non-Federal lands. To populations, and the likelihood that upon which they depend. The ultimate achieve recovery of these species areas where the species has been goal of such conservation efforts is the requires cooperative conservation efforts extirpated will be recolonized. recovery of these listed species, so that on private, State, and Tribal lands.

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If this species is listed, funding for construction and maintenance of roads Questions regarding whether specific recovery actions will be available from or highways by the Federal Highway activities would constitute a violation of a variety of sources, including Federal Administration. section 9 of the Act should be directed budgets, State programs, and cost share The Act and its implementing to the Columbia Missouri Ecological grants for non-Federal landowners, the regulations set forth a series of general Services Field Office (see FOR FURTHER academic community, and prohibitions and exceptions that apply INFORMATION CONTACT). Requests for nongovernmental organizations. In to all endangered wildlife. The copies of the regulations concerning addition, under section 6 of the Act, the prohibitions of section 9(a)(2) of the Act, listed animals and general inquiries State of Missouri would be eligible for codified at 50 CFR 17.21 for endangered regarding prohibitions and permits may Federal funds to implement wildlife, in part, make it illegal for any be addressed to the U.S. Fish and management actions that promote the person subject to the jurisdiction of the Wildlife Service, Endangered Species protection and recovery of the grotto United States to take (includes harass, Permits, 5600 American Boulevard sculpin. Information on our grant harm, pursue, hunt, shoot, wound, kill, West, Suite 990, Bloomington, MN programs that are available to aid trap, capture, or collect; or to attempt 55437–1458 (telephone 612–713–5343; species recovery can be found at: any of these), import, export, ship in facsimile 612–713–5292). http://www.fws.gov/grants. interstate commerce in the course of If the grotto sculpin is listed under the Although the grotto sculpin is only commercial activity, or sell or offer for Act, the State of Missouri’s Endangered proposed for listing under the Act at sale in interstate or foreign commerce Species Act (MO ST 252.240) is this time, please let us know if you are any listed species. Under the Lacey Act automatically invoked, which would interested in participating in recovery (18 U.S.C. 42–43; 16 U.S.C. 3371–3378), also prohibit take of these species and efforts for this species. Additionally, we it is also illegal to possess, sell, deliver, encourage conservation by State invite you to submit any new carry, transport, or ship any such government agencies. Further, the State information on this species whenever it wildlife that has been taken illegally. may enter into agreements with Federal becomes available and any information Certain exceptions apply to agents of the agencies to administer and manage any you may have for recovery planning Service and State conservation agencies. area required for the conservation, purposes (see FOR FURTHER INFORMATION We may issue permits to carry out management, enhancement, or CONTACT). otherwise prohibited activities protection of endangered species (MO Section 7(a) of the Act requires involving endangered and threatened ST 252.240). Funds for these activities Federal agencies to evaluate their wildlife species under certain could be made available under section actions with respect to any species that circumstances. Regulations governing 6 of the Act (Cooperation with the is proposed or listed as endangered or permits are codified at 50 CFR 17.22 for States). Thus, the Federal protection threatened and with respect to its endangered species, and at 17.32 for afforded to this species by listing it as critical habitat, if any is designated. threatened species. With regard to an endangered species will be Regulations implementing this endangered wildlife, a permit must be reinforced and supplemented by interagency cooperation provision of the issued for the following purposes: for protection under State law. Act are codified at 50 CFR part 402. scientific purposes, to enhance the Section 7(a)(4) of the Act requires propagation or survival of the species, Critical Habitat Designation for the Federal agencies to confer with the and for incidental take in connection Grotto Sculpin Service on any action that is likely to with otherwise lawful activities. Background jeopardize the continued existence of a It is our policy, as published in the species proposed for listing or result in Federal Register on July 1, 1994 (59 FR It is our intent to discuss below only destruction or adverse modification of 34272), to identify to the maximum those topics directly relevant to the proposed critical habitat. If a species is extent practicable at the time a species designation of critical habitat for the listed subsequently, section 7(a)(2) of is listed, those activities that would or grotto sculpin in this section of the the Act requires Federal agencies to would not constitute a violation of proposed rule. ensure that activities they authorize, section 9 of the Act. The intent of this Critical habitat is defined in section 3 fund, or carry out are not likely to policy is to increase public awareness of of the Act as: jeopardize the continued existence of the effect of a proposed listing on (1) The specific areas within the the species or destroy or adversely proposed and ongoing activities within geographical area occupied by the modify its critical habitat. If a Federal the range of species proposed for listing. species, at the time it is listed in action may affect a listed species or its The following activities could accordance with the Act, on which are critical habitat, the responsible Federal potentially result in a violation of found those physical or biological agency must enter into formal section 9 of the Act; this list is not features: consultation with the Service. comprehensive: (a) Essential to the conservation of the Federal agency actions within the (1) Unauthorized discharge of species; and species habitat that may require chemicals, waste, or fill material into (b) Which may require special conference or consultation or both as any waters in which the grotto sculpin management considerations or described in the preceding paragraph is known to occur, or into any sinkholes protection; and include management and any other or vertical drains that recharge waters in (2) Specific areas outside the landscape-altering activities on Federal which the grotto sculpin is known to geographical area occupied by the lands administered by the Department occur; species at the time it is listed, upon a of Defense, U.S. Fish and Wildlife (2) Unauthorized modification of the determination that such areas are Service, and U.S. Forest Service; channel or water flow of any surface essential for the conservation of the issuance of section 404 Clean Water Act stream, cave stream, or spring in which species. permits by the U.S. Army Corps of the grotto sculpin is known to occur; Conservation, as defined under Engineers; construction and and section 3 of the Act, means to use and management of gas pipeline and power (3) Introduction of nonnative fish the use of all methods and procedures line rights-of-way by the Federal Energy species that compete with or prey upon that are necessary to bring an Regulatory Commission; and the grotto sculpin. endangered or threatened species to the

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point at which the measures provided conservation of the species. Primary species. For these reasons, a critical pursuant to the Act are no longer constituent elements are those specific habitat designation does not signal that necessary. Such methods and elements of the physical or biological habitat outside the designated area is procedures include, but are not limited features that provide for a species’ life- unimportant or may not be needed for to, all activities associated with history processes and are essential to recovery of the species. Areas that are scientific resources management such as the conservation of the species. important to the conservation of the research, census, law enforcement, Under the second prong of the Act’s species, both inside and outside the habitat acquisition and maintenance, definition of critical habitat, we can critical habitat designation, will propagation, live trapping, and designate critical habitat in areas continue to be subject to: (1) transplantation, and, in the outside the geographical area occupied Conservation actions implemented extraordinary case where population by the species at the time it is listed, under section 7(a)(1) of the Act, (2) pressures within a given ecosystem upon a determination that such areas regulatory protections afforded by the cannot be otherwise relieved, may are essential for the conservation of the requirement in section 7(a)(2) of the Act include regulated taking. species. For example, an area currently for Federal agencies to ensure their Critical habitat receives protection occupied by the species but that was not actions are not likely to jeopardize the under section 7 of the Act through the occupied at the time of listing may be continued existence of any endangered requirement that Federal agencies essential to the conservation of the or threatened species, and (3) the ensure, in consultation with the Service, species and may be included in the prohibitions of section 9 of the Act if that any action they authorize, fund, or critical habitat designation. We actions occurring in these areas may carry out is not likely to result in the designate critical habitat in areas affect the species. Federally funded or destruction or adverse modification of outside the geographical area occupied permitted projects affecting listed critical habitat. The designation of by a species only when a designation species outside their designated critical critical habitat does not affect land limited to its range would be inadequate habitat areas may still result in jeopardy ownership or establish a refuge, to ensure the conservation of the findings in some cases. These wilderness, reserve, preserve, or other species. protections and conservation tools will conservation area. Such designation Section 4 of the Act requires that we continue to contribute to recovery of does not allow the government or public designate critical habitat on the basis of this species. Similarly, critical habitat to access private lands. Such the best scientific data available. designations made on the basis of the designation does not require Further, our Policy on Information best available information at the time of implementation of restoration, recovery, Standards Under the Endangered designation will not control the or enhancement measures by non- Species Act (published in the Federal direction and substance of future Federal landowners. Where a landowner Register on July 1, 1994 (59 FR 34271)), recovery plans, habitat conservation requests Federal agency funding or the Information Quality Act (section 515 plans (HCPs), or other species authorization for an action that may of the Treasury and General conservation planning efforts if new affect a listed species or critical habitat, Government Appropriations Act for information available at the time of the consultation requirements of section Fiscal Year 2001 (Pub. L. 106–554; H.R. these planning efforts calls for a 7(a)(2) of the Act would apply, but even 5658)), and our associated Information different outcome. in the event of a destruction or adverse Quality Guidelines, provide criteria, modification finding, the obligation of establish procedures, and provide Prudency Determination the Federal action agency and the guidance to ensure that our decisions Section 4(a)(3) of the Act, as landowner is not to restore or recover are based on the best scientific data amended, and implementing regulations the species, but to implement available. They require our biologists, to (50 CFR 424.12), require that, to the reasonable and prudent alternatives to the extent consistent with the Act and maximum extent prudent and avoid destruction or adverse with the use of the best scientific data determinable, the Secretary designate modification of critical habitat. available, to use primary and original critical habitat at the time the species is Under the first prong of the Act’s sources of information as the basis for determined to be an endangered or definition of critical habitat, areas recommendations to designate critical threatened species. Our regulations (50 within the geographical area occupied habitat. CFR 424.12(a)(1)) state that the by the species at the time it is listed are When we are determining which areas designation of critical habitat is not included in a critical habitat designation should be designated as critical habitat, prudent when one or both of the if they contain physical or biological our primary source of information is following situations exist: (1) The features (1) essential to the conservation generally the information developed species is threatened by taking or other of the species and (2) which may require during the listing process for the human activity, and identification of special management considerations or species. Additional information sources critical habitat can be expected to protection. For these areas, critical may include the recovery plan for the increase the degree of threat to the habitat designations identify, to the species, articles in peer-reviewed species, or (2) such designation of extent known using the best scientific journals, conservation plans developed critical habitat would not be beneficial and commercial data available, those by States and counties, scientific status to the species. physical or biological features that are surveys and studies, biological There is currently no imminent threat essential to the conservation of the assessments, other unpublished of take attributed to collection or species (such as space, food, cover, and materials, or experts’ opinions or vandalism under Factor B for grotto protected habitat). In identifying those personal knowledge. sculpin. In the absence of finding that physical and biological features within Habitat is dynamic, and species may the designation of critical habitat would an area, we focus on the principal move from one area to another over increase threats to a species, if there are biological or physical constituent time. We recognize that critical habitat any benefits to a critical habitat elements (primary constituent elements designated at a particular point in time designation, then a prudent finding is such as roost sites, nesting grounds, may not include all of the habitat areas warranted. The potential benefits seasonal wetlands, water quality, tide, that we may later determine are include: (1) Triggering consultation soil type) that are essential to the necessary for the recovery of the under section 7 of the Act, in new areas

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for actions in which there may be a Physical or Biological Features Space for Individual and Population Federal nexus where it would not Growth and for Normal Behavior otherwise occur because, for example, it In accordance with section 3(5)(A)(i) is or has become unoccupied or the and 4(b)(1)(A) of the Act and regulations The specific space requirements for occupancy is in question; (2) focusing at 50 CFR 424.12, in determining which the grotto sculpin are unknown, but conservation activities on the most areas within the geographical area given the mixture of habitats used by essential features and areas; (3) occupied by the species at the time of different life stages of this fish (Burr et providing educational benefits to State listing to designate as critical habitat, al. 2001, p. 284; Gerken and Adams or county governments or private we consider the physical or biological 2008, p. 76), space is not likely a entities; and (4) preventing people from features that are essential to the limiting factor; however, silt and causing inadvertent harm to the species. conservation of the species which may various pollutants may affect the The primary regulatory effect of require special management species’ overall distribution and critical habitat is the section 7(a)(2) considerations or protection. These abundance (Burr et al. 2001, p. 294; requirement that Federal agencies include, but are not limited to: Gerken and Adams 2008, p. 76). Grotto refrain from taking any action that (1) Space for individual and sculpin occupy cave streams, destroys or adversely modifies critical population growth and for normal resurgences (also known as ‘‘spring habitat if there is a Federal nexus behavior; branches’’; Vandike 1985, p. 10), springs, and surface streams (Adams (Federal funds are involved or a Federal (2) Food, water, air, light, minerals, or 2012, pers. comm.; Burr et al. 2001, p. permit is required) involving actions other nutritional or physiological that could adversely impact water 284). They occupy pools and riffles with requirements; quality parameters for this species. moderate flows and variable depths (4 Various conservation measures or (3) Cover or shelter; to 33 centimeters (cm) (1.6 to 13 in)) actions initiated and implemented (4) Sites for breeding, reproduction, or (Burr et al. 2001, p. 284). Although under section 7(a)(1) of the Act may be rearing (or development) of offspring; grotto sculpin have been documented to useful in improving the water quality of and occur over a variety of substrates (for aquatic habitats occupied by this (5) Habitats that are protected from example, silt, gravel, cobble, rock species. In the case of the grotto sculpin, disturbance or are representative of the rubble, and bedrock), the presence of these aspects of critical habitat historical, geographic, and ecological cobble or pebble is necessary for designation would potentially benefit distributions of a species. spawning (Burr et al. 2001, p. 284; the conservation of the species. Adams et al. unpub. data). Grotto Therefore, as we have determined that We derive the specific physical or sculpin tend to be associated with high the designation of critical habitat will biological features required for the availability of invertebrate prey, deeper not likely increase the degree of threat grotto sculpin from studies of this cave pools, substrate containing cobble, species’ habitat, ecology, and life to the species and may provide some and some level of sustained water flow history. The physical and biological measure of benefit, we find that (Gerken 2007, pp. 16–17). Surface features required for the grotto sculpin designation of critical habitat is prudent habitat used by grotto sculpin is are derived from biological needs of the for the grotto sculpin. characterized by an abundance of species as described in the Background amphipods and isopods. In caves, grotto Critical Habitat Determinability section of this proposal, and based on sculpin occupy deeper pools with published literature (Burr et al. 2001, Having determined that designation is cobble, and with a relatively high prudent, under section 4(a)(3) of the Act pp. 279–276; Gerken and Adams 2008, abundance of amphipods and isopods. we must find whether critical habitat for pp. 74–78), unpublished reports, and Although usually in lower abundance, the grotto sculpin is determinable. Our professional opinions by recognized grotto sculpin also occupy shallow cave regulations at 50 CFR 424.12(a)(2) state experts. While little is known of the pools where the substrate consists of silt that critical habitat is not determinable specific habitat requirements for this deposits deeper than 1.9 cm (0.8 in) when one or both of the following species, the best available information situations exist: shows that the species requires adequate (Gerken 2007, p. 16). Resurgences are used by juvenile grotto sculpin as (i) Information sufficient to perform water quality, water quantity, water nursery areas, where they maximize required analyses of the impacts of the flow, a stable stream channel, minimal designation is lacking, or sedimentation, organic input into caves growth before migrating upstream into caves to reproduce or downstream to (ii) The biological needs of the species during rain events, and a sufficient prey are not sufficiently well known to base for juveniles (Burr et al. 2001, pp. surface streams (Day 2008, p. 18). permit identification of an area as 291, 294–295; Gerken and Adams 2008, Habitat conditions described above critical habitat. pp. 74–76). Due to the complex nature provide space, cover, shelter, and sites When critical habitat is not of the multiple karst regions in Perry for foraging, breeding, reproduction, and determinable, the Act allows the Service County, diverse hydrologic components growth of offspring for the grotto an additional year to publish a critical will be essential to the conservation of sculpin. These habitats are found in habitat designation (16 U.S.C. grotto sculpin; these include cave caves streams, resurgences, springs, and 1533(b)(6)(C)(ii)). streams, resurgences, springs, surface surface streams; therefore, we identify We reviewed the available streams, and surface and subterranean those elements as physical or biological information pertaining to the biological interconnected or interspatial habitats features essential to the conservation for needs of the species and habitat (Vandike 1985, pp. 1–10; Day 2008, pp. grotto sculpin. Additionally, characteristics where this species is 22–24). To identify the physical and interconnected karst areas and located. This and other information biological features essential to the grotto interstitial spaces that allow for the free represent the best scientific data sculpin, we have relied on current flow of water between occupied surface available and led us to conclude that the conditions at locations where the and subsurface habitats are primary designation of critical habitat is species survives and the information components of essential physical and determinable for the grotto sculpin. available on this species. biological features for the grotto sculpin.

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Food, Water, Air, Light, Minerals, or debris and have reduced levels of silt to and season (Burr et. al 2001, pp. 283– Other Nutritional or Physiological allow for free flow of water between 284; 294; Gerken 2007, pp. 27–30; Requirements occupied habitats. Water quality Gerken and Adams 2008, pp. 75–76), Although the specific food items of standards for contaminants should occupied underground and surface grotto sculpin have not been follow guidelines established by the aquatic habitats including associated determined, they are likely similar to EPA, except for ammonia and copper. transitional aquatic habitats are all the diet of banded sculpin. Prey items Water quality criteria for ammonia and essential physical or biological features of the banded sculpin include copper should follow minimum levels for the species. The grotto sculpin ephemeropterans, dipterans, reported by Wang et al. (2007, pp. 2048– requires cave and surface streams with chronomids, gastropods, amphipods, 2055) and established for juvenile a stable stream bottom and solid freshwater mussels (less than 4.6 parts bedrock and stable stream banks to isopods, fish, spiders, aquatic per billion copper per liter and less than maintain a stable horizontal dimension oligochaetes, caddisflies, damselfly 370 parts per billion ammonia and vertical profile of pool and riffle larvae, ostracods, stoneflies, beetles, expressed as nitrogen per liter). habitats. A mixture of bottom substrates, crayfish, and salamanders (Phillips and Optimum water quality parameters including sand, gravel, pebbles, cobble, Kilambi 1996, pp. 69–72; Pflieger 1997, have not been determined for the grotto ceiling breakdown areas and larger p. 253; Tumlinson and Cline 2002, pp. sculpin. Habitat information for other rocks, is necessary to provide cover and 111–112; Niemiller et al. 2006, p. 43). species that inhabit cave streams and attachment surfaces for egg masses. Prey availability is related to the organic springs in Missouri (such as the Additionally, bottom substrates must input that is transported with sediment endangered Tumbling Creek cavesnail) not be covered with excessive amounts and other organic materials via may be used as suitable surrogates for of silt. sinkholes into stream habitats (Burr et the grotto sculpin. In the absence of Therefore, based on the information al. 2001, p. 291). An abundance of information specific to the grotto above, we identify the following as aquatic invertebrates is necessary to sculpin’s water quality needs, we primary components of the physical or support a viable population of grotto believe the criteria established for the biological features essential to the sculpin (Niemiller et al. 2006, p. 43; Tumbling Creek cavesnail are also conservation of the grotto sculpin: cave Gerken and Adams 2008, p. 75). suitable for the grotto sculpin. streams, resurgences, springs, surface Therefore, based on this information, we Therefore, we recommend the following streams, and interconnected areas identify the availability of appropriate water quality parameters for the grotto between surface and subterranean organic input supporting the aquatic sculpin: an average daily discharge of habitats with stable bottom and banks; invertebrate prey base to be a primary 0.07 to 150 cubic feet per second (cfs); rocks or large cobble to provide cover; component of the essential physical and water temperature of cave streams, and substrates consisting of fine gravel biological features for the grotto sculpin. springs, resurgences, and surface with coarse gravel or cobble, or bedrock The grotto sculpin occurs in pools streams should be between 55 and 62 °F with sand and gravel, with low amounts and riffles of cave streams, resurgences, (12.78 and 16.67 °C); dissolved oxygen of fine sand and sediments within the springs, and surface streams (Burr et al. levels should equal or exceed 4.5 interstitial spaces of the substrates. 2001, pp. 280–284; Adams 2012, pers. milligrams per liter; and turbidity of an Sites for Breeding, Reproduction, or comm.). It can occur over multiple average monthly reading should not Rearing substrates including sand, silt, gravel, exceed 200 Nephelometric Units (units pebble, cobble, breakdown, and used to measure sediment discharge) Adams (2005, pp. 10; Adams et al. bedrock, although the association with and should not persist for a period 2008, p. 8; Gerken 2007, pp. 19–21) silt might be due to the prevalence of greater than 4 hours. Adequate water demonstrated that grotto sculpin spawn sediment within occupied habitat rather flow, temperature, and quality (as in caves but some young-of-the-year than a preference for such substrates defined above) are essential for normal move to resurgences or surface streams (Vandike 1985, p. 38; Burr et al. 2001, behavior, growth, and viability during and spend much of their lives away p. 284; Gerken 2007, pp. 13, 22–25; all life stages of the grotto sculpin. from caves. Juvenile grotto sculpin Gerken and Adams 2008, pp. 76–77). Therefore, based on the information likely move out of caves to avoid Optimum water temperature, flow above, we identify adequate water flow, predation by adult sculpin (Gerken rates, and water depth in occupied temperature, and quality to be physical 2007, p. 19) or to take advantage of streams have not been established for and biological features essential to the higher levels of prey in such habitats grotto sculpin and vary widely conservation for the grotto sculpin. (Burr et al. 2001, p. 291; Gerken 2007, depending on life stage and location pp. 19–20; Day 2008, pp. 18–21). Gerken (e.g., pools of cave streams versus Cover or Shelter (2007, p. 19) and Day (2008, p. 18) flowing water in resurgences or surface Burr et al. (2001, p. 284) noted that postulated that juvenile grotto sculpin streams) (Gerken 2007, pp. 20–27). grotto sculpin occur in the open as well use resurgences and surface streams as Water depth varied, but ranged between as under rocks. Rocks within cave nursery areas to gain size by taking 4 and 33 cm (1.6 and 13.0 in) and flow streams allow the grotto sculpin to advantage of increased food resources. rates were between .05 and 6.67 cm/sec avoid predators (Gerken 2007, p. 25); at At some point in their maturation (0.2 and 2.6 in/sec) (Burr et al. 2001, p. least six different species of piscivorous, process, juvenile sculpin move from 284; Gerken 2007, p. 17). predatory fish occur within occupied resurgences and surface streams into Occupied cave streams, resurgences, grotto sculpin habitat (Burr et al. 2001, caves to complete their life cycle springs, surface streams, interconnected p. 284). Additionally, rocks provide a (Gerken 2007, p. 19; Day 2008, p. 18). karst areas, and interstitial spaces substrate for egg laying (Gerken 2007, p. Based on the information above, should have reduced levels of silt, 2; Adams 2005, p. 10). In addition to consistent connectivity between cave sustained water flows, high dissolved rocks, large cobble has been identified streams and resurgences or surface oxygen levels, and reduced amounts of as an important component of sculpin streams is a primary component of the organic and inorganic contaminants. habitat (Gerken 2007, pp. 22–27). physical or biological features essential Interconnected karst areas and Due to the wide variety of habitats to the conservation for the grotto interstitial spaces should be free of used by grotto sculpin depending on age sculpin.

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Primary Constituent Elements (PCEs) for to support the life-history requirements guidelines established by MDC (2000, p. the Grotto Sculpin of the species. All units proposed as 1) for the Ozark cavefish (Amblyopsis Under the Act and its implementing critical habitat are currently occupied rosae) would contribute to the regulations, we are required to identify by the grotto sculpin and contain the conservation of the sculpin because the physical or biological features primary constituent elements sufficient both species occur in similar habitats. Various activities in or adjacent to the essential to the conservation of the to support the life-history needs of the critical habitat units described in this grotto sculpin in areas occupied at the grotto sculpin. proposed rule may affect one or more of time of listing, focusing on the features’ Special Management Considerations or the physical or biological features and primary constituent elements. We Protection may require special management consider primary constituent elements When designating critical habitat, we considerations or protection. Some of to be the elements of physical or assess whether the specific areas within these activities include, but are not biological features that provide for a the geographic area occupied by the limited to, those previously discussed in species’ life-history processes and are species at the time of listing contain the ‘‘Summary of Factors Affecting the essential to the conservation of the features that are essential to the Species.’’ Features in all of the proposed species. conservation of the species and that may critical habitat units may require special Based on our current knowledge of require special management management due to threats associated the physical or biological features and considerations or protection. with activities that could be sources of habitat characteristics required to The four units we are proposing for contamination that adversely affect sustain the species’ life-history designation as critical habitat will water quality of habitats occupied by processes, we determine that the require some level of management to grotto sculpin; with significant changes primary constituent elements specific to address the current and future threats to in the existing flow regime of caves the grotto sculpin are: the physical and biological features streams, resurgences, springs, or surface (1) Geomorphically stable stream essential to the conservation of the streams occupied by grotto sculpin; bottoms and banks (stable horizontal species. with significant alteration in the dimension and vertical profile) with Although little area within the quantity of groundwater and alteration riffles, runs, pools, and transition zones proposed critical habitat units is of spring discharge sites; with between these stream features. presently under special management or alterations to septic systems that could (2) Instream flow regime with an protection provided by a legally adversely affect water quality; and with average daily discharge between 0.07 operative plan or agreement for the other watershed and floodplain and 150 cubic feet per second (cfs), conservation of the grotto sculpin, some disturbances that release sediments or inclusive of surface runoff, cave landowners within the recharge zones of nutrients into the water. Other activities streams, resurgences, springs, and caves occupied by the species have that may affect essential features in the occupied surface streams and all worked cooperatively with the MDC in proposed critical habitat unit include interconnected karst areas with flowing the implementation of various those listed in the ‘‘Effects of Critical water. conservation measures that facilitate Habitat Designation’’ section below. (3) Water temperature between 12.8 good water quality. Keyhole Spring and In summary, we find that the areas we and 16.7 °C (55 and 62 °F), dissolved Ball Mill Spring have both been are proposing as critical habitat contain oxygen 4.5 milligrams or greater per purchased by the L–A–D Foundation, the features essential to the conservation liter, and turbidity of an average and these water sources are managed by of the grotto sculpin and that these monthly reading of no more than 200 MDC (Moss and Pobst 2010, pp. 152– features may require special Nephelometric Turbidity Units for a 153). Management of areas within the management considerations or duration not to exceed 4 hours. recharge areas of Keyhole and Ball Mill protections. Special management (4) Adequate water quality springs will provide some conservation considerations or protections may be characterized by low levels of benefits to the grotto sculpin. required to eliminate, or to reduce to contaminants. Adequate water quality is A landowner agreement between negligible levels, the threats affecting defined as the quality necessary for MDC and the Missouri Caves and Karst each unit and to preserve and maintain normal behavior, growth, and viability Conservancy in 2011 will facilitate the essential features that the proposed of all life stages of the grotto sculpin. conservation actions at Berome Moore critical habitat units provide to the (5) Bottom substrates consisting of a Cave (Pobst 2011a, pp. 1–2). These grotto sculpin. There are multiple mixture of sand, gravel, pebble, cobble, include access to the cave to conduct threats to the grotto sculpin in all four solid bedrock, larger cobble and rocks research and monitor population units proposed as critical habitat. These for cover, with low amounts of numbers of grotto sculpin; livestock include industrial sand mining and sediments. fencing to prohibit access to sinkholes, degraded water quality due to various (6) Abundance of aquatic invertebrate reduce nutrient runoff, and facilitate sources of contamination and siltation. prey base to support the different life erosion control; and the planting of Additional discussions of threats facing stages of the grotto sculpin. warm-season grasses to benefit wildlife. individual sites, where applicable, are (7) Connected underground and Various debris and trash have been provided in the individual unit surface aquatic habitats that provide for removed from multiple sinkholes within descriptions. all life stages of the grotto sculpin, with the recharge zones of cave streams sufficient water levels to facilitate occupied by grotto sculpin (Pobst Criteria Used To Identify Proposed movement of individuals among 2011b, pp. 1–3), and additional access Critical Habitat habitats. agreements are being pursued with As required by section 4(b)(2) of the With this proposed designation of other interested landowners to control Act, we use the best scientific and critical habitat, we intend to identify the entrances to caves occupied by the commercial data available to designate physical and biological features species (Pobst 2011a, p. 1). critical habitat. We review available essential to the conservation of the Although best management practices information pertaining to the habitat species, through the identification of the (BMPs) have not been specifically requirements of the species to determine primary constituent elements sufficient developed for the grotto sculpin, areas within the geographical area

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currently occupied by the species that find additional populations (Burr et al. habitat is finalized as proposed, a contain the physical and biological 2001, pp. 283–284). Federal action involving these lands features essential to the conservation of Although the total area within the would not trigger section 7 consultation the grotto sculpin. In accordance with Central Perryville and Mystery Cave- with respect to critical habitat and the the Act and its implementing regulation Rimstone karst areas is estimated to requirement of no adverse modification, at 50 CFR 424.12(e), we consider encompass approximately 222 km2 (89 unless the specific action would affect whether designating additional areas— mi2) (Service calculations from Vandike the physical or biological features in the outside those currently occupied as well 1985, p. 1 and Burr et al. 2001, p. 282) adjacent critical habitat. as those occupied at the time of listing— and the above-ground recharge areas of Units are proposed for designation are necessary to ensure the conservation the Moore Cave System, the Crevice based on sufficient elements of physical of the species. We are not currently Cave System, Mystery Cave, Rimstone or biological features being present to proposing to designate any areas outside River Cave, Running Bull Cave, and support grotto sculpin life-history the geographical area occupied by the Thunderhole Resurgence have been processes. All units contain all of the species because occupied areas are estimated to be 93.95 km2 (36.28 mi2) identified elements of physical or sufficient for the conservation of the (Moss and Pobst 2010, pp. 183–186), biological features and support multiple species. and are important to maintain the life-history processes. In order to determine which sites are condition of sculpin habitat, non- The critical habitat designation is currently occupied, we used aquatic areas within such areas do not defined by the map or maps, as information from surveys conducted by themselves contain the physical and modified by any accompanying Burr et al. (2001, pp. 280–286), Adams biological features essential to the regulatory text, presented at the end of (2005, pp. 11–13), Day (2008, pp. 9–11; conservation of the species. this document in the rule portion. We 62–66), Gerken (2007, pp. 5–8), and We have determined that all of the include more detailed information on areas proposed as critical habitat are the boundaries of the critical habitat Gerken and Adams (2008, pp. 74–76), currently occupied and contain designation in the preamble of this and dye tracing studies conducted by sufficient elements of physical and document. We will make the Moss and Pobst (2010, pp. 146–160, biological features to support life- coordinates or plot points or both on 177, 180–192). Currently, occupied history processes essential for the which each map is based available to habitat for the species includes all caves conservation of the species. Other than the public on http:// streams, resurgences, springs, and all caves streams, resurgences, springs, www.regulations.gov at Docket No. surface streams associated with the and surface streams associated with the FWS–ES–R3–2012–0065, on our recharge areas for the Moore Cave recharge areas for the Moore Cave Internet site http://www.fws.gov/ System, the Crevice Cave System, System, the Crevice Cave System, midwest/Endangered, and at the field Mystery Cave, Rimstone River Cave, Mystery Cave, Rimstone River Cave, office responsible for the designation Running Bull Cave, and Hot Caverns; as Running Bull Cave, Thunder Hole (see FOR FURTHER INFORMATION CONTACT well as Thunder Hole Resurgence, Resurgence, Mystery Cave Resurgence, above). Mystery Cave Resurgence, Cinque Cinque Hommes Creek, and Blue Spring Proposed Critical Habitat Designation Hommes Creek, and Blue Spring Branch, we are currently unaware of any Branch. After identifying the specific other areas occupied by the grotto We are proposing four units, totaling locations occupied by the grotto sculpin. Therefore, we are unable to approximately 94 km2 (36.28 mi2) plus sculpin, we determined the appropriate determine which additional areas, if 31 kilometers (19.2 miles) of surface area of occupied segments of aquatic any, may be appropriate to include in stream as critical habitat for the grotto habitats essential for the conservation of the proposed critical habitat for this sculpin. Critical habitat areas we the species. These areas are collectively species. All of the areas proposed as describe below constitute our current contained within the Central Perryville critical habitat are within the known best assessment of areas that meet the and Mystery-Rimstone karst areas as historical range of the species, and we definition of critical habitat for the described by House (1976, pp. 13–14) are not proposing to designate any areas grotto sculpin. The first unit and Burr et al. (2001, pp. 280–282). outside the geographical area currently encompasses all aquatic habitat within Although there are underground occupied by the species. At this time, the recharge areas of the Moore Cave portions within the Central Perryville we believe that the occupied areas are System, the Crevice Cave System, Ball and Mystery-Rimstone karst areas that sufficient for the conservation of the Mill Spring and Keyhole Spring totaling are inaccessible to humans, all species. approximately 46 km2 (17.61 mi2). The underground aquatic habitats within the When determining proposed critical second unit covers all aquatic habitat recharge zones of the Moore Cave habitat boundaries, we made every within the recharge areas of Mystery System, the Crevice Cave System, effort to avoid including developed Cave, Rimstone River Cave, Running Mystery Cave, Rimstone River Cave, areas such as lands covered by Bull Cave, and Thunderhole Running Bull Cave, Thunder Hole buildings, pavement, and other Resurgence, totaling approximately 48 Resurgence, Mystery Cave Resurgence, structures because such lands lack km2 (18.67 mi2). The third unit envelops Cinque Hommes Creek, and Blue Spring physical or biological features for the approximately 6.4 km (4.0 mi) of Blue Branch are believed to be occupied by grotto sculpin. The scale of the maps we Spring Branch from its emergence the grotto sculpin. Areas delineated prepared under the parameters for within the Moore Cave System to its within the Central Perryville and publication within the Code of Federal confluence with Bois Brule Creek (Burr Mystery-Rimstone karst areas are Regulations may not reflect the et al. 2001, pp. 280–281; Moss and Pobst believed to comprise the entire known exclusion of such developed lands. Any 2010, p. 183). The fourth unit entails range of the grotto sculpin. We are not such lands inadvertently left inside approximately 24 km (15.2 mi) of proposing to designate any areas outside critical habitat boundaries shown on the Cinque Hommes Creek from its of those mentioned above, because the maps of this proposed rule have been emergence near Mystery Cave and species is believed to be a local excluded by text in the proposed rule Resurgence to its confluence with Bois endemic, and surveys in other nearby and are not proposed for designation as Brule Creek (Burr et al. 2001, pp. 280– cave streams and springs have failed to critical habitat. Therefore, if the critical 281; Moss and Pobst 2010, p. 185).

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Although the exact extent of occupied resurgence recharge zones apply only to Cave, Rimstone River Cave, Running aquatic habitat by grotto sculpin within those areas of aquatic habitat, because Bull Cave, and Thunderhole the recharge areas is not known due to only these areas contain the physical Resurgence, as well as upstream and the inaccessibility of underground karst, and biological features essential to the downstream boundaries for Blue Spring we presume all aquatic habitats within conservation of the grotto sculpin. Branch and Cinque Hommes Creek, are the entire 94 km2 (36.28 mi2) recharge We present brief descriptions for the described generally below; more precise could reasonably be occupied, and thus four units and reasons why they meet descriptions, as best can be determined, propose to designate the entire area as the definition of critical habitat below. are provided in the Proposed Regulation critical habitat. It should be implied that For occupied aquatic habitats proposed Promulgation section at the end of this all references to the delineated as critical habitat, the approximate area proposed rule. The approximate area boundaries of critical habitat for Units of recharge areas of Tom and Berome and ownership of each proposed critical One and Two within cave and Moore Caves, Crevice Cave, Mystery habitat unit is shown in Table 1.

TABLE 1—OCCUPANCY AND OWNERSHIP OF THE PROPOSED CRITICAL HABITAT UNITS FOR THE GROTTO SCULPIN [Area estimates reflect all land within critical habitat unit boundaries.]

Private ownership State, county, city ownership Unit Location Occupied Total sq. km km sq. km km (sq. mi) (mi) (sq. mi) (mi)

1 ...... Central Perryville Karst Area Yes 35 (14) 0 11 (4) 0 46 (18) 2 ...... Mystery-Rimstone Karst Area Yes 48 (19) 0 1 (1) 0 48 (19) 3 ...... Blue Spring Branch ...... Yes 0 6 (4) 0 0 6 (4) 4 ...... Cinque Hommes Creek ...... Yes 0 24 (14) 0 0 24 (14) ...... karst area 94 (36) Total ...... 83 (32) 31 (19) 11 (4) stream 31 (19) Note: Area sizes may not sum due to rounding.

All units are considered currently drains north from the edge of Perryville Unit 2: Mystery-Rimstone Karst Area, occupied and all units contain all or and discharges at Blue Spring on Blue Perry County, Missouri some components of all four physical Spring Branch; it can overflow from an and biological features, and are adjacent spring called Blue Spring Unit 2 includes all aquatic habitats therefore essential to the conservation of Overflow or Blue Spring Resurgence within the recharge zone of Mystery the species. The grotto sculpin and its (Moss and Pobst 2010, pp. 147, 183). Cave, Rimstone River Cave, Running habitat may require special management The recharge area of Crevice Cave Bull Cave, and Thunderhole considerations or protections to address includes Mertz Cave and Resurgence, Resurgence, and incorporates an area of activities that are sources of Zahner Cave, Doc White Spring, Hogpen approximately 48.34 km2 (18.67 mi2). contamination; changes in the existing Spring, Herberlie Resurgence, Circle Mystery Cave includes Mystery flow regime of caves streams, Drive Resurgence, Rob Roy Sink, Rozier Resurgence, Mystery Overflow Spring, resurgences, springs, or surface streams Sink, Edgemont Sink, Shoe Factory Maple Leaf Cave, and Miller Spring, and occupied by grotto sculpin; alteration in Sink, and Lurk Sink, and has been the total area of its recharge area is the quantity of groundwater and estimated to be approximately 30.33 approximately 18.26 km2 (7.05 mi2) alteration of spring discharge sites; km2 (11.71 mi2) (Moss and Pobst 2010, (Moss and Pobst 2010, p. 154). The alterations to septic systems that could pp. 151–152). Ball Mill Spring feeds recharge area of Rimstone River Cave adversely affect water quality; and other portions of the Blue Spring Branch (a covers 24.53 km2 (9.47 mi2), and the watershed and floodplain disturbances separate proposed critical habitat unit main features within it include Lost that release sediments or nutrients into (Unit 3) outlined below) and the Creek Cave, Weinrich Onyx Cave, Onyx the water. Land use in the four units is recharge area for this water source is Annex Cave, Twin Cave, and Snow similar and is primarily agriculture (row approximately 1.71 km2 (0.66 mi2) Caverns (Moss and Pobst 2010, p. 158). cropping and livestock production), (Moss and Pobst 2010, p. 153). Keyhole The recharge area for Running Bull Cave rural or residential development, and Spring includes Keyhole Resurgence, extends from Maple Leaf Cave to industrial mining and quarrying. The and the total recharge area has been Thunderhole Resurgence and majority of all proposed units are estimated to be 3.34 km2 (1.29 mi2) encompasses 2.74 km2 (1.06 mi2) (Moss privately owned, with the exception of (Moss and Pobst 2010, p. 152). The and Pobst 2010, p. 159). Thunderhole two municipalities: Perryville in Unit 1, recharge area for Crevice Cave contains Resurgence receives water from and Longtown in Unit 2. the city of Perryville. In addition to the multiple sources and, during high water threats that may require special events, some of the caves mentioned Unit 1: Central Perryville Karst Area, management considerations or previously can contribute water to this Perry County, Missouri protections outlined above for all units, resurgence (Moss and Pobst 2010, pp. Unit 1 includes all aquatic habitats this unit is negatively affected by urban 154, 159–160). Under high flow within the recharge area of the Moore growth and development that might conditions, the Mystery Cave Cave System, the Crevice Cave System, impact water quality, such as hazardous groundwater system overflows to Ball Mill Spring, and Keyhole Spring. waste facilities, underground storage Thunderhole Resurgence (Moss and The entire area covers approximately tanks, wastewater discharges, and Pobst 2010, p. 160). The total base flow 45.61 km2 (17.61 mi2). The Moore Cave poorly maintained septic systems in and recharge area of Thunderhole System Recharge Area encompasses around the city (Pobst and Taylor 2008, Resurgence is approximately 5.57 km2 approximately 10.23 km2 (3.95 mi2) and p. 69; Moss and Pobst 2010, p. 164). (2.15 mi2).

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Unit 3: Blue Spring Branch, Perry process are actions on State, tribal, listed a new species or subsequently County, Missouri local, or private lands that require a designated critical habitat that may be Unit 3 includes approximately 6.4 km Federal permit (such as a permit from affected and the Federal agency has (4.0 mi) of the surface portions of Blue the U.S. Army Corps of Engineers under retained discretionary involvement or Spring Branch from points downstream section 404 of the Clean Water Act (33 control over the action (or the agency’s of the Moore Cave System to its U.S.C. 1251 et seq.) or a permit from the discretionary involvement or control is confluence with Bois Brule Creek (Burr Service under section 10 of the Act) or authorized by law). Consequently, et al. 2002, pp. 280–281; Moss and Pobst that involve some other Federal action Federal agencies sometimes may need to 2010, pp. 147, 183). Blue Spring Branch (such as funding from the Federal request reinitiation of consultation with is the principal resurgence stream for Highway Administration, Federal us on actions for which formal caves identified above within the Moore Aviation Administration, or the Federal consultation has been completed, if Cave System (Burr et al. 2001, p. 284). Emergency Management Agency). those actions with discretionary Federal actions not affecting listed involvement or control may affect Unit 4: Cinque Hommes Creek, Perry species or critical habitat, and actions subsequently listed species or County, Missouri on State, tribal, local, or private lands designated critical habitat. Unit 4 includes approximately 24.4 that are not federally funded or Application of the ‘‘Adverse km (15.2 mi) of Cinque Hommes Creek authorized, do not require section 7 Modification’’ Standard that generally flows in a northeast consultation. direction from near Interstate 55 south- As a result of section 7 consultation, The key factor related to the adverse modification determination is whether, southeast of Perryville to its confluence we document compliance with the with implementation of the proposed with Bois Brule Creek (Adams 2005, p. requirements of section 7(a)(2) through Federal action, the affected critical 90; Burr et al. 2001, p. 281). our issuance of: (1) A concurrence letter for Federal habitat would continue to serve its Effects of Critical Habitat Designation actions that may affect, but are not intended conservation role for the species. Activities that may destroy or Section 7 Consultation likely to adversely affect, listed species or critical habitat; or adversely modify critical habitat are Section 7(a)(2) of the Act requires (2) A biological opinion for Federal those that alter the physical or Federal agencies, including the Service, actions that may affect, and are likely to biological features to an extent that to ensure that any action they fund, adversely affect, listed species or critical appreciably reduces the conservation authorize, or carry out is not likely to habitat. value of critical habitat for the grotto jeopardize the continued existence of When we issue a biological opinion sculpin. As discussed above, the role of any endangered species or threatened concluding that a project is likely to critical habitat is to support life-history species or result in the destruction or jeopardize the continued existence of a needs of the species and provide for the adverse modification of designated listed species and/or destroy or conservation of the species. critical habitat of such species. In adversely modify critical habitat, we Section 4(b)(8) of the Act requires us addition, section 7(a)(4) of the Act provide reasonable and prudent to briefly evaluate and describe, in any requires Federal agencies to confer with alternatives to the project, if any are proposed or final regulation that the Service on any agency action which identifiable, that would avoid the designates critical habitat, activities is likely to jeopardize the continued likelihood of jeopardy and/or involving a Federal action that may existence of any species proposed to be destruction or adverse modification of destroy or adversely modify such listed under the Act or result in the critical habitat. We define ‘‘reasonable habitat, or that may be affected by such destruction or adverse modification of and prudent alternatives’’ (at 50 CFR designation. proposed critical habitat. 402.02) as alternative actions identified Activities that may affect critical Decisions by the 5th and 9th Circuit during consultation that: habitat, when carried out, funded, or Courts of Appeals have invalidated our (1) Can be implemented in a manner authorized by a Federal agency, should regulatory definition of ‘‘destruction or consistent with the intended purpose of result in consultation for the grotto adverse modification’’ (50 CFR 402.02) the action, sculpin. These activities include, but are (see Gifford Pinchot Task Force v. U.S. (2) Can be implemented consistent not limited to: Fish and Wildlife Service, 378 F. 3d with the scope of the Federal agency’s (1) Actions that would cause an 1059 (9th Cir. 2004) and Sierra Club v. legal authority and jurisdiction, increase in sedimentation to areas of all U.S. Fish and Wildlife Service et al., 245 (3) Are economically and cave streams, resurgences, springs, or F.3d 434, 442 (5th Cir. 2001)), and we technologically feasible, and surface streams occupied by the grotto do not rely on this regulatory definition (4) Would, in the Director’s opinion, sculpin. Such activities could include, when analyzing whether an action is avoid the likelihood of jeopardizing the but are not limited to, surface soil likely to destroy or adversely modify continued existence of the listed species disturbance associated with critical habitat. Under the statutory and/or avoid the likelihood of construction; agriculture and forestry provisions of the Act, we determine destroying or adversely modifying practices; mining operations; destruction or adverse modification on critical habitat. maintenance of secondary or non-paved the basis of whether, with Reasonable and prudent alternatives roads within the recharge areas of implementation of the proposed Federal can vary from slight project occupied caves; or actions that result in action, the affected critical habitat modifications to extensive redesign or run off into occupied surface streams. would continue to serve its intended relocation of the project. Costs These activities could eliminate or conservation role for the species. associated with implementing a reduce habitats necessary for the growth If a Federal action may affect a listed reasonable and prudent alternative are and reproduction of the species by species or its critical habitat, the similarly variable. causing excessive sedimentation responsible Federal agency (action Regulations at 50 CFR 402.16 require resulting in a decrease in dissolved agency) must enter into consultation Federal agencies to reinitiate oxygen levels, serving as a method of with us. Examples of actions that are consultation on previously reviewed transport of hazardous chemicals that subject to the section 7 consultation actions in instances where we have bind to soil particles, smothering egg

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masses, or eliminating interstitial spaces sculpin. A balance must be maintained (4) A monitoring and adaptive needed by grotto sculpin. that allows for some level of organic management plan. (2) Actions that would significantly input that provides a food source for Among other things, each INRMP alter the existing flow regime of cave grotto sculpin prey, but not at such must, to the extent appropriate and streams, resurgences, springs, or surface levels that impede reproduction and applicable, provide for fish and wildlife streams occupied by the grotto sculpin growth of grotto sculpin or at levels that management; fish and wildlife habitat including all aquatic habitats within introduce harmful chemicals and enhancement or modification; wetland cave or resurgence recharge areas. Such nutrients into occupied aquatic habitats. protection, enhancement, and activities could include, but are not (6) Activities with a Federal nexus restoration where necessary to support limited to, high water demands needed that may affect areas outside of critical fish and wildlife; and enforcement of for agricultural, residential, commercial, habitat, such as development; road applicable natural resource laws. and industrial development. construction and maintenance; oil, gas, The National Defense Authorization (3) Actions that would significantly and utility easements; industrial sand Act for Fiscal Year 2004 (Pub. L. 108– alter water chemistry or water quality mining associated with the removal of 136) amended the Act to limit areas (for example, changes to temperature or mineral deposits used in hydraulic eligible for designation as critical pH, introduction of contaminants, or fracturing (or fracking); forest and habitat. Specifically, section 4(a)(3)(B)(i) excess nutrients) in cave streams, pasture management; herbicide and of the Act (16 U.S.C. 1533(a)(3)(B)(i)) resurgences, springs, or surface streams pesticide use or the migration and now provides: ‘‘The Secretary shall not occupied by the grotto sculpin, movement of sediment associated with designate as critical habitat any lands or including all aquatic habitats within crop production; and effluent other geographic areas owned or cave or resurgence recharge areas. Such discharges. These actions would be controlled by the Department of activities could include, but are not subject to review under section 7 of the Defense, or designated for its use, that limited to, the release of chemicals or Act if they may affect grotto sculpin, are subject to an integrated natural biological pollutants; pesticides or because Federal agencies must consider resources management plan prepared herbicides used for agriculture; both effects to the species and effects to under section 101 of the Sikes Act (16 hormones or antibiotics associated with critical habitat independently. The U.S.C. 670a), if the Secretary determines animal husbandry operations; sand Service should be consulted regarding in writing that such plan provides a mining operations associated with disturbances to areas both within the benefit to the species for which critical hydraulic fracturing; disposal of dead proposed critical habitat units as well as habitat is proposed for designation.’’ animals and trash in sinkholes; and areas within the recharge area of cave There are no Department of Defense bacteria and nutrients from human streams occupied by the sculpin, lands with a completed INRMP within sewage and animal manure. These including resurgences, springs, and the proposed critical habitat designation activities could alter water conditions surface streams that contribute to in- for the grotto sculpin. that are beyond the tolerances of the stream flows, especially during times Exclusions species and result in direct or when water levels in occupied habitats cumulative adverse effects on the are abnormally low (during droughts), Application of Section 4(b)(2) of the Act species and its life cycle. These because these activities may impact the activities could eliminate or reduce Section 4(b)(2) of the Act states that essential features of proposed critical habitats necessary for the growth and the Secretary shall designate or make habitat. The prohibitions of section 9 of reproduction of the species by causing revisions to critical habitat on the basis the Act against the take of listed species eutrophication, leading to excessive of the best available scientific data after also continue to apply both inside and filamentous algal growth. Excessive taking into consideration the economic outside of designated critical habitat. filamentous algal growth can cause impact, national security impact, and extreme decreases in nighttime Exemptions any other relevant impacts of specifying dissolved oxygen levels through any particular area as critical habitat. Application of Section 4(a)(3) of the Act vegetation respiration, and cover the The Secretary may exclude an area from bottom substrates and the interstitial The Sikes Act Improvement Act of critical habitat if he determines that the spaces needed by sculpin. Introduction 1997 (Sikes Act) (16 U.S.C. 670a) benefits of such exclusion outweigh the of harmful chemicals into aquatic required each military installation that benefits of specifying such area as part habitats occupied by the grotto sculpin includes land and water suitable for the of the critical habitat, unless he could result in adverse impacts to conservation and management of determines, based on the best scientific reproduction (e.g., cholinesterase natural resources to complete an and commercial data available, that the inhibition) or mortality of the species or integrated natural resources failure to designate such area as critical its food base. management plan (INRMP) by habitat will result in the extinction of (4) Actions that could accidentally November 17, 2001. An INRMP the species. In making that introduce nonnative species into integrates implementation of the determination, the legislative history is occupied cave streams via tile or military mission of the installation with clear that the Secretary has broad vertical drains. These activities could stewardship of the natural resources discretion regarding which factor(s) to introduce potential predators, found on the base. Each INRMP use and how much weight to give to any outcompeting fish (for example, catfish), includes: factor. or aquatic parasites and disease. (1) An assessment of the ecological Under section 4(b)(2) of the Act, we (5) Actions that could significantly needs on the installation, including the may exclude an area from designated alter the prey base of grotto sculpin. need to provide for the conservation of critical habitat based on economic Despite the fact that an excess of listed species; impacts, impacts on national security, naturally occurring organic material in (2) A statement of goals and priorities; or any other relevant impacts. In aquatic habitats occupied by the grotto (3) A detailed description of considering whether to exclude a sculpin can be deleterious, some level of management actions to be implemented particular area from the designation, we energy input is important for to provide for these ecological needs; identify the benefits of including the maintaining the prey base of grotto and area in the designation, identify the

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benefits of excluding the area from the In preparing this proposal, we have Required Determinations designation, and evaluate whether the determined that there are currently no Regulatory Planning and Review benefits of exclusion outweigh the HCPs or other management plans for the (Executive Orders 12866 and 13563) benefits of inclusion. If the analysis grotto sculpin, and the proposed indicates that the benefits of exclusion designation does not include any tribal Executive Order 12866 provides that outweigh the benefits of inclusion, the lands or trust resources. We anticipate the Office of Information and Regulatory Affairs (OIRA) will review all significant Secretary may exercise his discretion to no impact on tribal lands, partnerships, rules. The Office of Information and exclude the area only if such exclusion or HCPs from this proposed critical Regulatory Affairs has determined that would not result in the extinction of the habitat designation. Accordingly, the species. this rule is not significant. Secretary does not propose to exert his Executive Order 13563 reaffirms the Exclusions Based on Economic Impacts discretion to exclude any areas from the principles of E.O. 12866 while calling Under section 4(b)(2) of the Act, we final designation based on other for improvements in the nation’s consider the economic impacts of relevant impacts. regulatory system to promote specifying any particular area as critical Peer Review predictability, to reduce uncertainty, habitat. In order to consider economic and to use the best, most innovative, impacts, we are preparing an analysis of In accordance with our joint policy on and least burdensome tools for the economic impacts of the proposed peer review published in the Federal achieving regulatory ends. The critical habitat designation and related Register on July 1, 1994 (59 FR 34270), executive order directs agencies to factors. we will seek the expert opinions of at consider regulatory approaches that We will announce the availability of least three appropriate and independent reduce burdens and maintain flexibility our draft economic analysis as soon as specialists regarding this proposed rule. and freedom of choice for the public where these approaches are relevant, it is completed. During the development The purpose of peer review is to ensure of a final designation, we will consider feasible, and consistent with regulatory that our proposed listing and proposed economic impacts, public comments, objectives. E.O. 13563 emphasizes critical habitat designation are based on and other new information, and areas further that regulations must be based scientifically sound data, assumptions, may be excluded from the final critical on the best available science and that habitat designation under section 4(b)(2) and analyses. We have invited these the rulemaking process must allow for of the Act and our implementing peer reviewers to comment during this public participation and an open regulations at 50 CFR 424.19. public comment period on our proposed exchange of ideas. We have developed listing and designation of critical this rule in a manner consistent with Exclusions Based on National Security habitat. these requirements. Impacts We will consider all comments and Under section 4(b)(2) of the Act, we Regulatory Flexibility Act (5 U.S.C. 601 information we receive during this et seq.) consider whether there are lands owned comment period on this proposed rule Under the Regulatory Flexibility Act or managed by the Department of during our preparation of a final (RFA; 5 U.S.C. 601 et seq.) as amended Defense where a national security determination. Accordingly, the final by the Small Business Regulatory impact might exist. In preparing this decision may differ from this proposal. proposal, we have determined that the Enforcement Fairness Act (SBREFA) of lands within the proposed designation Public Hearings 1996 (5 U.S.C. 801 et seq.), whenever an of critical habitat for the grotto sculpin agency must publish a notice of are not owned or managed by the Section 4(b)(5) of the Act provides for rulemaking for any proposed or final Department of Defense, and, therefore, one or more public hearings on this rule, it must prepare and make available we anticipate no impact on national proposal, if requested. Requests must be for public comment a regulatory security. Consequently, the Secretary received within 45 days after the date of flexibility analysis that describes the does not propose to exert his discretion publication of this proposed rule in the effects of the rule on small entities to exclude any areas from the final Federal Register. Such requests must be (small businesses, small organizations, designation based on impacts on sent to the address shown in the and small government jurisdictions). national security. ADDRESSES section. We will schedule However, no regulatory flexibility public hearings on this proposal, if any analysis is required if the head of the Exclusions Based on Other Relevant are requested, and announce the dates, agency certifies the rule will not have a Impacts times, and places of those hearings, as significant economic impact on a Under section 4(b)(2) of the Act, we well as how to obtain reasonable substantial number of small entities. consider any other relevant impacts, in accommodations, in the Federal The SBREFA amended the RFA to addition to economic impacts and Register and local newspapers at least require Federal agencies to provide a impacts on national security. We 15 days before the hearing. certification statement of the factual consider a number of factors, including basis for certifying that the rule will not whether the landowners have developed Persons needing reasonable have a significant economic impact on any HCPs or other management plans accommodations to attend and a substantial number of small entities. for the area, or whether there are participate in a public hearing or According to the Small Business conservation partnerships that would be meeting should contact the Columbia Administration, small entities include encouraged by designation of, or Missouri Ecological Services Field small organizations such as exclusion from, critical habitat. In Office at 573–234–2132 as soon as independent nonprofit organizations; addition, we look at any tribal issues, possible. To allow sufficient time to small governmental jurisdictions, and consider the government-to- process requests, please call no later including school boards and city and government relationship of the United than one week before the hearing or town governments that serve fewer than States with tribal entities. We also meeting date. Information regarding this 50,000 residents; and small businesses consider any social impacts that might proposed rule is available in alternative (13 CFR 121.201). Small businesses occur because of the designation. formats upon request. include such businesses as

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manufacturing and mining concerns the action subject to permitting or within the proposed critical habitat. We with fewer than 500 employees, funding may participate in a section 7 do not expect the designation of this wholesale trade entities with fewer than consultation, and thus may be indirectly proposed critical habitat to significantly 100 employees, retail and service affected. We believe it is good policy to affect energy supplies, distribution, or businesses with less than $5 million in assess these impacts if we have use. Therefore, this action is not a annual sales, general and heavy sufficient data before us to complete the significant energy action, and no construction businesses with less than necessary analysis, whether or not this Statement of Energy Effects is required. $27.5 million in annual business, analysis is strictly required by the RFA. However, we will further evaluate this special trade contractors doing less than While this regulation does not directly issue as we conduct our economic $11.5 million in annual business, and regulate these entities, in our draft analysis, and review and revise this forestry and logging operations with economic analysis we will conduct a assessment as warranted. fewer than 500 employees and annual brief evaluation of the potential number Unfunded Mandates Reform Act business less than $7 million. To of third parties participating in (2 U.S.C. 1501 et seq.) determine whether small entities may consultations on an annual basis in be affected, we will consider the types order to ensure a more complete In accordance with the Unfunded of activities that might trigger regulatory examination of the incremental effects Mandates Reform Act (2 U.S.C. 1501 et impacts under this designation as well of this proposed rule in the context of seq.), we make the following findings: as types of project modifications that the RFA. (1) This rule would not produce a may result. In general, the term In conclusion, we believe that, based Federal mandate. In general, a Federal ‘‘significant economic impact’’ is meant on our interpretation of directly mandate is a provision in legislation, to apply to a typical small business regulated entities under the RFA and statute, or regulation that would impose firm’s business operations. relevant case law, this designation of an enforceable duty upon State, local, or Importantly, the incremental impacts critical habitat will only directly tribal governments, or the private sector, of a rule must be both significant and regulate Federal agencies, which are not and includes both ‘‘Federal substantial to prevent certification of the by definition small business entities. As intergovernmental mandates’’ and rule under the RFA and to require the such, we certify that, if promulgated, ‘‘Federal private sector mandates.’’ preparation of an initial regulatory this designation of critical habitat would These terms are defined in 2 U.S.C. flexibility analysis. If a substantial not have a significant economic impact 658(5)–(7). ‘‘Federal intergovernmental number of small entities are affected by on a substantial number of small mandate’’ includes a regulation that the proposed critical habitat business entities. Therefore, an initial ‘‘would impose an enforceable duty designation, but the per-entity economic regulatory flexibility analysis is not upon State, local, or tribal governments’’ impact is not significant, the Service required. However, though not with two exceptions. It excludes ‘‘a may certify. Likewise, if the per-entity necessarily required by the RFA, in our condition of Federal assistance.’’ It also economic impact is likely to be draft economic analysis for this excludes ‘‘a duty arising from significant, but the number of affected proposal we will consider and evaluate participation in a voluntary Federal entities is not substantial, the Service the potential effects to third parties that program,’’ unless the regulation ‘‘relates may also certify. may be involved with consultations to a then-existing Federal program Under the RFA, as amended, and with Federal action agencies related to under which $500,000,000 or more is following recent court decisions, this action. provided annually to State, local, and Federal agencies are only required to tribal governments under entitlement evaluate the potential incremental Energy Supply, Distribution, or Use— authority,’’ if the provision would impacts of rulemaking on those entities Executive Order 13211 ‘‘increase the stringency of conditions of directly regulated by the rulemaking Executive Order 13211 (Actions assistance’’ or ‘‘place caps upon, or itself, and not the potential impacts to Concerning Regulations That otherwise decrease, the Federal indirectly affected entities. The Significantly Affect Energy Supply, Government’s responsibility to provide regulatory mechanism through which Distribution, or Use) requires agencies funding,’’ and the State, local, or tribal critical habitat protections are realized to prepare Statements of Energy Effects governments ‘‘lack authority’’ to adjust is section 7 of the Act, which requires when undertaking certain actions. We accordingly. At the time of enactment, Federal agencies, in consultation with do not expect the designation of this these entitlement programs were: the Service, to ensure that any action proposed critical habitat to significantly Medicaid; Aid to Families with authorized, funded, or carried by the affect energy supplies, distribution, or Dependent Children work programs; Agency is not likely to adversely modify use. Industrial sand mining and Child Nutrition; Food Stamps; Social critical habitat. Therefore, only Federal development activities occur or could Services Block Grants; Vocational action agencies are directly subject to potentially occur in all of the proposed Rehabilitation State Grants; Foster Care, the specific regulatory requirement critical habitat units for the grotto Adoption Assistance, and Independent (avoiding destruction and adverse sculpin. However, compliance with Living; Family Support Welfare modification) imposed by critical State regulatory requirements or Services; and Child Support habitat designation. Under these voluntary BMPs would be expected to Enforcement. ‘‘Federal private sector circumstances, it is our position that minimize impacts of industrial sand mandate’’ includes a regulation that only Federal action agencies will be mining and development in the areas of ‘‘would impose an enforceable duty directly regulated by this designation. proposed critical habitat for this species. upon the private sector, except (i) a Therefore, because Federal agencies are The measures for industrial sand mining condition of Federal assistance or (ii) a not small entities, the Service may and development are likely not duty arising from participation in a certify that the proposed critical habitat considered a substantial cost compared voluntary Federal program.’’ rule will not have a significant with overall project costs and are The designation of critical habitat economic impact on a substantial predictably being implemented by does not impose a legally binding duty number of small entities. mining companies. No other activities on non-Federal Government entities or We acknowledge, however, that in associated with energy supply, private parties. Under the Act, the only some cases, third-party proponents of distribution, or use are anticipated regulatory effect is that Federal agencies

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must ensure that their actions do not Department of Commerce policy, we et seq.). This rule will not impose destroy or adversely modify critical requested information from, and recordkeeping or reporting requirements habitat under section 7. While non- coordinated development of, this on State or local governments, Federal entities that receive Federal proposed critical habitat designation individuals, businesses, or funding, assistance, or permits, or that with appropriate State resource agencies organizations. An agency may not otherwise require approval or in Missouri. The designation of critical conduct or sponsor, and a person is not authorization from a Federal agency for habitat in areas currently occupied by required to respond to, a collection of an action, may be indirectly impacted the grotto sculpin may impose nominal information unless it displays a by the designation of critical habitat, the additional regulatory restrictions, and currently valid OMB control number. legally binding duty to avoid therefore may have some incremental destruction or adverse modification of impacts on State and local governments National Environmental Policy Act critical habitat rests squarely on the and their activities. The designation (42 U.S.C. 4321 et seq.) Federal agency. Furthermore, to the may have some benefit to these We have determined that extent that non-Federal entities are governments because the areas that environmental assessments and indirectly impacted because they contain the physical or biological environmental impact statements, as receive Federal assistance or participate features essential to the conservation of defined under the authority of the in a voluntary Federal aid program, the the species are more clearly defined, National Environmental Policy Act Unfunded Mandates Reform Act would and the elements of the features of the (NEPA; 42 U.S.C. 4321 et seq.), need not not apply and neither would critical habitat necessary to the conservation of be prepared in connection with listing habitat shift the costs of the large the species are specifically identified. a species as endangered or threatened entitlement programs listed above onto This information does not alter where under the Endangered Species Act. We State governments. and what federally sponsored activities published a notice outlining our reasons (2) We do not believe that this rule may occur. However, it may assist local for this determination in the Federal would significantly or uniquely affect governments in long-range planning Register on October 25, 1983 (48 FR small governments because it will not (rather than having them wait for case- 49244). produce a Federal mandate of $100 by-case section 7 consultations to It is our position that, outside the million or greater in any year, that is, it occur). jurisdiction of the U.S. Court of Appeals is not a ‘‘significant regulatory action’’ Where State and local governments for the Tenth Circuit, we do not need to under the Unfunded Mandates Reform require approval or authorization from a prepare environmental analyses Act. The designation of critical habitat Federal agency for actions that may pursuant to NEPA in connection with imposes no obligations on State or local affect critical habitat, consultation designating critical habitat under the governments and, as such, a Small under section 7(a)(2) would be required. Endangered Species Act. We published Government Agency Plan is not While non-Federal entities that receive a notice outlining our reasons for this required. However, we will further Federal funding, assistance, or permits, determination in the Federal Register evaluate this issue as we conduct our or that otherwise require approval or on October 25, 1983 (48 FR 49244). This economic analysis, and review and authorization from a Federal agency for position was upheld by the U.S. Court revise this assessment if appropriate. an action, may be indirectly impacted of Appeals for the Ninth Circuit by the designation of critical habitat, the Takings—Executive Order 12630 (Douglas County v. Babbitt, 48 F.3d legally binding duty to avoid In accordance with Executive Order 1495 (9th Cir. 1995), cert. denied 516 destruction or adverse modification of U.S. 1042 (1996)). 12630 (Government Actions and critical habitat rests squarely on the Interference with Constitutionally Federal agency. Clarity of the Rule Protected Private Property Rights), we We are required by Executive Orders have analyzed the potential takings Civil Justice Reform—Executive Order 12866 and 12988 and by the implications of designating critical 12988 Presidential Memorandum of June 1, habitat for the grotto sculpin in a takings In accordance with Executive Order 1998, to write all rules in plain implications assessment. Critical habitat 12988 (Civil Justice Reform), the Office language. This means that each rule we designation does not affect landowner of the Solicitor has determined that the publish must: actions that do not require Federal rule does not unduly burden the judicial funding or permits, nor does it preclude system and that it meets the (1) Be logically organized; development of habitat conservation requirements of sections 3(a) and 3(b)(2) (2) Use the active voice to address programs or issuance of incidental take of the Order. We have proposed readers directly; permits to permit actions that do require designating critical habitat in (3) Use clear language rather than Federal funding or permits to go accordance with the provisions of the jargon; forward. The takings implications Act. This proposed rule uses standard (4) Be divided into short sections and assessment concludes that this proposed property descriptions and identifies the sentences; and designation of critical habitat for the elements of physical or biological (5) Use lists and tables wherever grotto sculpin would not pose features essential to the conservation of possible. significant takings implications for the grotto sculpin within the designated If you feel that we have not met these lands within or affected by the proposed areas to assist the public in requirements, send us comments by one designation. understanding the habitat needs of the of the methods listed in the ADDRESSES species. section. To better help us revise the Federalism—Executive Order 13132 rule, your comments should be as In accordance with Executive Order Paperwork Reduction Act of 1995 specific as possible. For example, you 13132 (Federalism), this proposed rule (44 U.S.C. 3501 et seq.) should tell us the numbers of the does not have significant Federalism This rule does not contain any new sections or paragraphs that are unclearly effects. A federalism summary impact collections of information that require written, which sections or sentences are statement is not required. In keeping approval by OMB under the Paperwork too long, the sections where you feel with Department of the Interior and Reduction Act of 1995 (44 U.S.C. 3501 lists or tables would be useful, etc.

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Government-to-Government We determined that there are no tribal recordkeeping requirements, Relationship With Tribes lands that are currently occupied by the Transportation. grotto sculpin that contain the features In accordance with the President’s essential for conservation of the species, Proposed Regulation Promulgation memorandum of April 29, 1994 and no tribal lands unoccupied by the Accordingly, we propose to amend (Government-to-Government Relations grotto sculpin that are essential for the part 17, subchapter B of chapter I, title with Native American Tribal conservation of the species. Therefore, Governments; 59 FR 22951), Executive we are not proposing to designate 50 of the Code of Federal Regulations, Order 13175 (Consultation and critical habitat for the grotto sculpin on as set forth below: tribal lands. Coordination with Indian Tribal PART 17—[AMENDED] Governments), and the Department of References Cited the Interior’s manual at 512 DM 2, we A complete list of references cited in 1. The authority citation for part 17 readily acknowledge our responsibility continues to read as follows: to communicate meaningfully with this rulemaking is available on the recognized Federal Tribes on a Internet at http://www.regulations.gov Authority: 16 U.S.C. 1361–1407; 16 U.S.C. government-to-government basis. In and upon request from the Columbia, 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– accordance with Secretarial Order 3206 Missouri Ecological Services Field 625, 100 Stat. 3500; unless otherwise noted. Office (see FOR FURTHER INFORMATION of June 5, 1997 (American Indian Tribal CONTACT). 2. Amend § 17.11(h) by adding an Rights, Federal-Tribal Trust entry for ‘‘Sculpin, grotto’’ in Responsibilities, and the Endangered Authors alphabetical order under FISHES to the Species Act), we readily acknowledge The primary authors of this package List of Endangered and Threatened our responsibilities to work directly are the staff members of the Columbia Wildlife to read as follows: with tribes in developing programs for Missouri Ecological Services Field healthy ecosystems, to acknowledge that Office. § 17.11 Endangered and threatened tribal lands are not subject to the same wildlife. List of Subjects in 50 CFR Part 17 controls as Federal public lands, to * * * * * remain sensitive to Indian culture, and Endangered and threatened species, (h) * * * to make information available to tribes. Exports, Imports, Reporting and

Species Vertebrate popu- lation where Critical Special Historic range endangered or Status When listed habitat rules Common name Scientific name threatened

******* FISHES

******* Sculpin, grotto ...... Cottus sp. nov...... U.S.A. (MO) ...... Entire ...... E ...... 17.95(e) NA

*******

3. In § 17.95, amend paragraph (e) by riffles, runs, pools, and transition zones (v) Bottom substrates consisting of a adding an entry for ‘‘Grotto Sculpin between these stream features. mixture of sand, gravel, pebble, cobble, (Cottus sp. nov.),’’ in the same (ii) Instream flow regime with an solid bedrock, larger cobble, and rocks alphabetical order that the species average daily discharge between 0.07 for cover, with low amounts of appears in the table at § 17.11(h), to read and 150 cubic feet per second (cfs), sediments. as follows: inclusive of surface runoff, cave (vi) Energy input from naturally § 17.95 Critical habitat—fish and wildlife. streams, resurgences, springs, and occurring organic sources that provide * * * * * occupied surface streams and all habitat for the prey base that is needed interconnected karst areas with flowing by different life stages of the grotto (e) Fishes. water. sculpin. * * * * * (iii) Water temperature between 12.8 (vii) Connected underground and Grotto Sculpin (Cottus sp. nov.) and 16.7 °C (55 and 62 °F), dissolved surface aquatic habitats that provide for (1) Critical habitat units are depicted oxygen 4.5 milligrams or greater per all life stages of the grotto sculpin, with for Perry County, Missouri, on the maps liter, and turbidity of an average sufficient water levels to facilitate below. monthly reading of no more than 200 movement of individuals among (2) Within these areas, the primary Nephelometric Turbidity Units for a habitats. constituent elements of the physical or duration not to exceed 4 hours. (3) Critical habitat does not include biological features essential to the (iv) Adequate water quality manmade structures (such as buildings, conservation of the grotto sculpin characterized by low levels of aqueducts, runways, roads, and other consist of: contaminants. Adequate water quality is paved areas) and the land on which they (i) Geomorphically stable stream defined as the quality necessary for are located existing within the legal bottoms and banks (stable horizontal normal behavior, growth, and viability boundaries on the effective date of this dimension and vertical profile) with of all life stages of the grotto sculpin. rule.

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(4) Critical habitat units index map. by Moss and Pobst (2010). The maps in ES–2012–0065, and at the field office The map was developed from National this entry, as modified by any responsible for this designation. You Geographic USA Topographic maps (© accompanying regulatory text, establish may obtain field office location National Geographic Society 2010). the boundaries of the critical habitat information by contacting one of the Upstream and downstream limits for designation. The coordinates or plot Service regional offices, the addresses of critical habitat surface stream units were points or both on which each map is which are listed at 50 CFR 2.2. identified by degree, minute, second. based are available to the public at the Extent for critical habitat underlying Service’s internet site http://www.fws. (5) Index map of critical habitat units recharge areas was defined by spatial gov/midwest/Endangered, http://www. for the grotto sculpin follows: data layers of recharge area delineations regulations.gov at Docket No. FWS–R3– BILLING CODE 4310–55–P

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(6) Unit 1: Central Perryville Karst western boundary of Unit 1 roughly 1.5 miles east of Perryville. The Area, Perry County, Missouri. parallels the division between the St. boundary runs northeast from State (i) Unit 1 includes all underground Peter Sandstone and Joachim Dolomite Highway E to cross Missouri Route 51 aquatic habitats in the recharge areas of formations. The southern extent is near County Road 624 and continue the Moore and Crevice cave systems, approximately Edgemont Boulevard in northeast to Ball Mill Spring. Ball Mill Spring, and Keyhole Spring. Perryville. The southeastern boundary (ii) Map of Units 1, 2, 3, and 4 The Unit extends as far north as, and parallels Cinque Hommes Creek and parallels, Blue Spring Branch. The crosses State Highway E approximately follows:

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(7) Unit 2: Cave streams, resurgences, southeast near the intersection of State (ii) Map of Unit 3 is provided at and springs within the Mystery- Highway B and County Road 502. The paragraph (6)(ii) of this entry. Rimstone Karst Area of Perry County, Unit extends as far south as County (9) Unit 4: Cinque Hommes Creek, Missouri. Road 512 and continues east from the Perry County, Missouri. (i) Unit 2 includes all underground intersection of County Road 512 and County Road 510 to U.S. Route 61 (i) Unit 4 includes the channel in aquatic habitats in the recharge areas of approximately 1.5 miles south of Cinque Hommes Creek from Interstate Mystery, Rimstone, and Running Bull ° ′ ″ Longtown. The eastern boundary 55 (089 52 50.77 W long., caves, and Thunderhole Resurgence. ° ′ ″ follows U.S. Route 61 north to 037 41 48.54 N lat.) to its confluence The northern extend of the Unit County with Bois Brule Creek (089°44′50.98″ W Longtown and continues north to ° ′ ″ Road 316 from Stump Cemetery to State County Road 316 near Stump Cemetery. long., 037 47 19.22 N lat.). Highway P and Mystery Resurgence on (ii) Map of Unit 2 is provided at (ii) Map of Unit 4 is provided at Cinque Hommes Creek. The paragraph (6)(ii) of this entry. paragraph (6)(ii) of this entry. northwestern boundary of Unit 2 (8) Unit 3: Blue Spring Branch, Perry * * * * * parallels Cinque Hommes Creek County, Missouri. between Mystery Resurgence and the (i) Unit 3 includes the channel in Blue Dated: September 10, 2012. intersection of Route P and U.S. Route Spring Branch from the resurgence of Michael J. Bean, 61. The western boundary of Unit 2 Mystery Cave (089°53′43.10″ W long., Acting Principal Deputy Assistant Secretary roughly parallels the division between 037°48′12.45″ N lat.) to its confluence for Fish and Wildlife and Parks. the St. Peter Sandstone and Joachim with Bois Brule Creek (089°52′54.04 W [FR Doc. 2012–23742 Filed 9–26–12; 8:45 am] Dolomite formations and turns long., 037°50′40.25″ N lat.). BILLING CODE 4310–55–C

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